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Agenda Packet 06/26/2001
► AGENDA iais ® is78 ATASCADERO CITY COUNCIL MEETING TUESDAY, JUNE 269 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. 2) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mrs. William Carroll, 5493 Traffic Way 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 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—June 12, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of.June 12, 2001. [City Clerk] 2. Investment Policy - Proposed revisions • ■ Fiscal Impact: None ■ City Treasurer recommendation: Council adopt the draft Resolution adopting the revised City of Atascadero Investment Policy dated 6/26/01. [City Treasurer] 3. Public Safety - Computer Aided Dispatch/Records Management System ■ Fiscal Impact: 1. $85,000.00 costs are provided in full by CLEEP grant finds designated for this purpose; and 2. Fiscal year 2001-2002: Saving of $4,500.00 due to termination of the maintenance agreement with the current vendor and use of the one-year warranty period with the new system; and 3. Fiscal year 2002-2003: Part of this fiscal year will be covered under warranty. The increase in annual recurring costs of$7,000 will commence upon the end of the warranty period. The anticipated increase in fiscal 2002-2003 is $4,750.00. ■ Staff recommendation: Council approve the use of technology grant funds to purchase the PS.Net Computer Aided Dispatch/Records Management System (CAD/RMS) software for use in the Public Safety Communications Center; and authorize the City Manager to execute a maintenance agreement with Abbey Group. [Police] • 2 4. Disposition of Surplus City Vehicles ■ Fiscal Impact: An undetermined amount of revenue ■ Staff recommendation: Council declare the listed vehicles as surplus property and • authorize the disposition of such vehicles. [Community Services] B. PUBLIC HEARINGS: 1. Downtown Parking & Business Improvement Area - (FY 2001-02) - Confirmation of Annual Assessment Fiscal Impact: Revenue of approximately$10,000 annually. ■ Staff recommendation Council: 1. Adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2001-02); and 2. Authorize the City Manager to execute an agreement with the Atascadero Main Street, Inc. entitled "An Agreement for Administration of Parking and Business Improvement Area Funds." [City Manager] 2. Sewer Service Charges - Placement on the 2001-02 Property Tax Rolls ■ Fiscal Impact: Revenue of$1,384,996 82 ■ Staff recommendation: Council adopt the draft Resolution, adopting service charges to be added to the 2001-02 property tax rolls, at the conclusion of the Public Hearing. [Public Works] • 3. Tentative Tract Map 2000-0001 (Tract 2396) and Road Abandonment 2001-0003 - (Rancho De Paraiso/ San Gabriel Road/Portal Road/Escondido Road area) • 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: 1. Adopt draft Resolution A, certifying the proposed Mitigated Negative Declaration 2001-0006; and 2. Adopt draft Resolution B, approving Road Abandonment 2001-0002, a request to abandon a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road colony right-of-way, based on the appropriate findings and subject to the Conditions of Approval; and 3. Adopt draft Resolution C thereby approving Tentative Tract Map 2000-0001, a request to subdivide 69.39 acres into 17 lots, based on the appropriate findings and subject to the Conditions of Approval. [Community Development] 4. Zone Change 2001-0013 - Rancho De Paraiso (San Gabriel Road / Portal Road / Escondido Road Area- City of Atascadero) ■ Fiscal Impact: None Planning Commission recommendation: Council introduce the draft Ordinance, for first reading by title only, approving Zone Change 2001-0013 changing the zoning district within the Rancho De Paraiso Tract Map area from the Agriculture zoning district to the Residential Suburban zoning district. [Community Development] 3 C. MANAGEMENT REPORTS: 1. Circulation Improvement Report - and 2002 State Transportation Improvement Program • (STIP) • ■ Fiscal Impact: None ■ Staff recommendation: Council receive this report on proposed circulation improvements for Atascadero and the 2002 STIP and provide direction to staff on the proposed STSIP nominations. [Public Works] 2. Energy Conservation Measures ■ Fiscal Impact: Approximately $1,650.00. Also, a projected annual savings of approximately$10,000.00 to $14,000.00. ■ Staff recommendation: Council authorize the City Manager to implement specified measures to reduce the City's consumption of electricity. [Community Services] D. 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 I. 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 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 4 F. ADJOURNMENT: • Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 26, 2001 Regular Session of the Atascadero City Council was posted on June 20, 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 20th day of June, 2001 at Atascadero, California. Marcia McClure Torgerson, City Clerk City of Atascadero • 5 City of Atascadero WELCOME TO THE ATASCADERO 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. ITEM NUMBER: A- 1 DATE: 06/26/2001 IsDRAFT MINUTES is Q; tis�e sC" ATASCADERO CITY COUNCIL MEETING TUESDAY, JUNE 129 2001 7:00 P.M. REGULAR SESSION, 7:00 P.M. Mayor Arrambide announced that the Closed Session would be moved to the end of the Council meeting. Mayor Arrambide called the meeting to order at 7:30 p.m. and led the Pledge of Allegiance. ROLL CALL: • Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Interim Fire Chief Kurt Stone, Police Chief Dennis Hegwood, Community Development Director Lori Parcells, Public Works Director Steve Kahn, Administrative Services Director Rachelle Rickard, and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring June 11 & 12, 2001, "Special Olympics — Law Enforcement • Torch Run Days." CC 06/12/01 it (� Pagel 0 0+ ITEM NUMBER: A- 1 DATE: 06/26/2001 Mayor Arrambide presented the proclamation to Chris Shuck, a volunteer in the Special • Olympics program. 2. City Manager Wade McKinney announced the appointment of Kurt Stone to the position of Fire Chief effective immediately. Chief Stone thanked everyone concerned for his appointment and commended his Department Staff and City Staff for their hard work. 3. Assistant City Manager Brady Cherry, recognized David Bloomfield for his outstanding efforts and contributions to the Charles Paddock Zoo. COMMUNITY FORUM: None COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Johnson announced that he has been appointed as'the interim President and CEO of the Economic Vitality Corporation of San Luis Obispo County, (a public/private 501c 3 Non-profit Organization). Council Member Luna stated that he feels it is time to attach "Assumption of Risks" provisions to deeds. He used an overhead presentation to clarify his request. These provisions indicate that the property owner realizes their property is subject to hazards from flooding, fire, landslide, • earth movement, erosion, etc., and that they will hold the City and its employees harmless should an act of God occur. He would like to see this issue included for discussion on a future City Council Agenda. (see Attachment A) City Attorney Roy Hanley indicated that this type of provision is becoming more prevalent throughout the State. The issue was referred to the City Attorney for a future agenda. A. CONSENT CALENDAR: 1. City Council Minutes—May 22, 2001 • City Clerk recommendation Council approve the City Council minutes of May 22, 2001. [City Clerk] 2. Special Meeting—Public Hearing Minutes—May 29, 2001 • City Clerk recommendation: Council approve the Special Meeting—Public Hearing minutes of May 29, 2001. [City Clerk] CC 06/12/01 `.� Page 2 V ITEM NUMBER: A- 1 DATE: 06/26/2001 3. Special Joint City Council/Planning Commission Minutes—May 29, 2001 • • City Clerk recommendation: Council approve the Special Joint City Council / Planning Commission minutes of May 29, 2001. [City Clerk] 4. Acceptance of Final Parcel Map 98002 (AT 97-237) — 9755 Santa Lucia Road (Hazell / Twin Cites Surveying) • Fiscal Impact: None • Staff recommendation: Council: 1. Accept Final parcel Map 98002 (AT 97-237); and 2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final Parcel Map 98002. [Community Development] 5. Fire Department Utility Vehicle—Authorization to Purchase • Fiscal Impact: 543,122.00 (in FY 00/01 budget) • Staff recommendation: Council authorize the purchase of one utility pick-up truck. [Fire] 6. Road Closure—Hot El Camino Nite • Fiscal Impact: 5800.00 (in FY 00/01 budget) • Staff recommendation: Council approve the draft Resolution authorizing the closure of El Camino Real from Rosario to Curbaril on Friday, August 17, 2001 from 6:30 p.m. until 8:30 p.m. [Community Services] 7. Purchase of John Deere Utility Vehicle—for the Charles Paddock Zoo • Fiscal Impact: $13,408 (in FY 00/01 budget) • Staff recommendation: Council authorize the purchase of a utility vehicle for the Charles Paddock Zoo. [Community Services] Mayor Arrambide pulled Consent Calendar Items #A-3, A-5, A-6 and A-7. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Items #A-1, A-2 and A-4. Motion passed 5:0 by a roll-call vote. Item #A-3: Mayor Arrambide requested clarification regarding the Motion to continue past 11:00 P.M. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Item 4A-3. Motion passed 5:0 by a voice vote. • Item 4A-5: Mayor Arrambide requested that the recommendation indicate that the purchase was to be made from Senator Ford in Sacramento. CC 06/12/01 003 Page 3 ITEM NUMBER: A- 1 DATE: 06/26/2001 MOTION: By Council Member Luna and seconded by Council Member Johnson • to approve Consent Calendar Item #A-5. Motion passed 5:0 by a roll-call vote. Item 9A-6: Mayor Arrambide stated that he had attended a Main Street meeting in Paso Robles where the lack of public decorum at their recent car show was discussed. He asked Police Chief Hegwood if he felt Atascadero was prepared for the event. Chief Hegwood stated that the cruise in Atascadero was quite different from the one in Paso Robles and he does not anticipate problems, however the Police Department will be fully staffed that evening. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Consent Calendar Item #A-6. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-015) Item #A-7: Mayor Arrambide requested that the name of the company from which the utility vehicle would be purchased (John Deere) be included in the recommendation. MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Item #A-7. Motion passed 5:0 by a roll-call vote. • B. PUBLIC HEARINGS: 1. Operating Budget 2001-03 • Fiscal Impact: $24,035,000.00 (FY 2001-02), $17,012,490.00 (FY 2002-03) • Staff recommendation: Council approve the draft Resolution, adopting the Annual Operating and Capital Budgets for the 2001-2002 and the 2002-2003 Fiscal Years and delegate to the City manager the authority to implement same. [Administrative Services] City Manager Wade McKinney provided the staff report and answered questions of the Council. PUBLIC COMMENT: James Patterson, representing the Atascadero Native Tree Association, stated that the Association supports the recommendations for proposed expenditures from the Atascadero Native Tree Mitigation Fund in the new budget and thanked the City Manager for working with them on the recommendations. Eileen Allen, North County Women's Resource Center and Shelter, thanked staff for recommending an increase in the Human Services Fund to $20,000 this year. • CC 06/12/01 Page 4 004 ITEM NUMBER: A- 1 DATE: 06/26/2001 Frank Farchschneider, 7600 Santa Ynez, speaking as a volunteer for Atascadero Loaves and • Fishes, stated that he was pleased that funding for Human Services has been increased this year. Howard Marohn, 9265 Barranco Heights, expressed concern regarding the 3F Meadows alternative access issue and the safety concerns it presents. Jonni Biaggini, Executive Director of the San Luis County Visitors and Conference Bureau, stated that the Bureau is very happy with the support shown by the City of Atascadero, and gave a brief account of the accomplishments of the Bureau in the past year. Barbara Schineke, 7505 Marchant, discussed the feral cat program she created in 1996 and has been monitoring on the grounds of Atascadero State Hospital. She requested that the Council increase the budget for the program to $5,000. Daphne Fahsing thanked Council Members Luna and Clay for their support of the spay/neuter program. She stated that the Animal Services Budget of $60,500 has nothing to do with the spay/neuter program. She encouraged the Council to approve $5,000 for the program. Casey Daniels, 8450 Los Osos Road, current shelter manager at North County Humane Society, supported all that the prior two speakers had said. She asked the Council to increase the spay/neuter budget to $5,000. • Steve LaSalle, Atascadero resident, spoke in support of the spay/neuter program. Ray Johnson addressed the Council regarding the Economic Vitality Corporation and its future plans. Mayor Arramhide closed the Public Comment period. Mayor Arrambide stated that the EVC portion of the Budget would be handled first and Council Member Johnson would step down from the vote. MOTION: By Council Member Luna and seconded by Mayor Pro-Tem Scalise to approve Item 6707030-Business Development of the proposed Budget. Motion passed 4:0 by a roll-call vote. (Johnson abstained) Council Member Clay expressed his support for the spay/neuter program, and for increasing the budget allocation to $5,000. Council Member Johnson also supported the increase to $5,000 for the spay/neuter program. Council Member Luna asked for clarification on the $60,500 to Animal Services and whether it included the $3,500 for spay/neuter. City Manager McKinney stated that it was included in the line item for Contract Services. 0 CC 06/12/01 005- Page 5 ITEM NUMBER: A- 1 DATE: 06/26/2001 MOTION: By Council Member Luna and seconded by Council Member Clay to • increase the spay/neuter budgeted amount from $3,500 to $5,000 and that the increase be taken from reserves. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to adopt the Annual Operating and Capital Budgets for the 2001-2002 and the 2002-2003 Fiscal Years and delegate to the City Manager the authority to implement same. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-016) C. MANAGEMENT REPORTS: 1. Loan Agreement—Atascadero Redevelopment Agency • Fiscal Impact: ,MI5,000.00 (annual interest income) • Staff recommendation: Council adopt draft Resolution approving a loan agreement with the Atascadero Redevelopment Agency. [City Manager] City Manager Wade McKinney provided the staff report and answered questions of the Council. PUBLIC COMMENT: None MOTION: By Council Member Luna and seconded by Council Member Johnson • to adopt the draft Resolution approving a loan agreement with the Atascadero Redevelopment Agency. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-017) 2. Parking & Business Improvement Area Assessment • Fiscal Impact: S10,000.00 (annual assessment revenue) • Staff recommendations: Council adopt draft Resolution of Intention, declaring intent to levy annual Downtown Parking and Business Improvement Area assessment and set a public hearing on June 26, 2001. [City Manager] City Manager Wade McKinney provided the staff report and answered questions of the Council. PUBLIC COMMENT None MOTION: By Council Member Luna and seconded by Council Member Clay to adopt draft Resolution of Intention, declaring intent to levy annual Downtown Parking and Business Improvement Area assessment and set a public hearing on June 26, 2001. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-018) • CC 06/12/01 Page 6 006 ITEM NUMBER: A- 1 DATE: 06/26/2001 3. Grassroots Network—League of California Cities . • Fiscal Impact: $2,588.00 (annual cost) • Staff recommendation: Council adopt draft Resolution authorizing Atascadero's participation in the League's Grassroots Network. [City Manager] City Manager Wade McKinney provided the staff report and answered questions of the Council. PUBLIC COMMENT: John McGoff, 9192 Maple Street, felt that this item was one of those small costs, which eventually become institutionalized, and he does not support it. Mayor Arrambide closed the Public Comment period. Mayor Pro Tem Scalise expressed her support for the Resolution. Council Member Luna stated that though he was uncertain how effective this network would be, he felt it was worth the effort. Council Member Johnson indicated that he supports Atascadero's participation in the network. Council Member Clay stated that he supports the Resolution but feels that personal contact has much more impact. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to adopt draft Resolution authorizing Atascadero's participation in the League's Grassroots Network. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-019) 4. Information Bulletin D. COMMITTEE REPORTS; Mayor Arrambide 1. SLOCOG: Assemblyman Maldonado presented a bill to lower the percent of box fare on mass transit to 5%. SLOCOG was not in support of this and sent the Assemblyman a letter stating that it should be kept at 10%. Additionally, projects that have been approved and targeted for funding based on their progress were reviewed. A committee was formed and $1,500 was allocated to do regional affordable housing, this issue will come up in September. SLORTA: Approved extra buses during the Mid-State Fair. 2. Water Committees: The North County Committee heard a report from the group doing the Paso Robles ground water basin study. The Nacimiento Project is targeted to be EIR CC 06/12/01 a ,y Page 7 ITEM NUMBER: A- 1 DATE: 06/26/2001 ready a year from now, however, early projections indicate that it will be extremely • expensive. 3. County Mayor's Round Table: Meets Thursday, however the North County Council met and their focus was freeway landscaping. Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board: Met regarding their strategic planning. The targeted area on their plan was security and a preliminary report will be forthcoming. In August the Hospital Advisory Board will be meeting with CMC, the primary focus will be security and transportation. 2. City /Schools Committee: The issue of student truancy was reviewed; plans are still in the works. Council Member Luna 1. Finance Committee: Met and reviewed the budget last Friday. Council Member Clay 1. Air Pollution Control District (APCD): Attended a backyard burning meeting and it was reported that there were 57 complaints in the county regarding backyard burning, not one was from Atascadero this year. There is a Spanish outreach program regarding burning in the Nipomo Area. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Johnson asked if the City is able to recover costs when delivery persons, etc. damage newly paved roads? City Manager McKinney stated that the City could recover monies for damage. Mayor Arrambide announced that tonight is his 36th wedding anniversary. F. AJOURNMENT: Mayor Arrambide adjourned the meeting at 9:40 p.m. to the Closed Session. The next meeting of the City Council will be a regular session scheduled for June 26, 2001, at 7;00 p.m. • CC 06/12/01 Q Page 8 8 ITEM NUMBER: A- 1 DATE: 06/26/2001 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 Association. Mayor Arrambide adjourned the Closed Session at 10:15 p.m. City Attorney Roy Hanley announced there was no reportable action taken. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk ATTACHMENTS: • #A - Council Member Luna's overhead presentation • CC 06/12/01 Page 9 009 Attachment: A Atascadero City Council Meeting June 26, 2001 Assumption of Risk A.By acceptance of thispermit, the applicant acknowledges and agrees (i) that the site maybe subject to hazards from (flooding), fire landsliding, earth movement, and erosion; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development (iii) to unconditionally waive any claim of damage or liability against the commission (City), its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the (City) commission, its officers, agents, and employees with respect to the commissions (City's) damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. B. Prior to issuance of a=swdeveopment permit the applicant sh ll execute and .record a deed restriction, in a form and content acceptable to the Executive Director incorporating all of the above terms of this condition. The deed restriction shall include a legal description of the applicant's entire parcel. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the ExecutiveDirector determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit Wild Fire'WaNer of Liability Prior to the issuance of the development permit, the applicant shall submit a signed document which shall indemnify and hold harmless the (City) California coastal commission, its officers, agents and employees against anyi and all claims, demands, damages, costs, expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence, or failure of the permitted project in an area where an extraordinary potential for damage or destructionfrom wild fire exists as an inherent risk to life and property. 010 ITEM NUMBER: A-2 _ DATE: 06/26/2001 iais r ® 1979 Atascadero City Council City Treasurer David G. Graham, EA Investment Policy - Proposed Revisions RECOMMENDATION: City Council approve the draft Resolution adopting the revised City of Atascadero Investment Policy dated 6/26/01. 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 froml5 days to 4 years. A shorter maximum maturity would require lowering our performance benchmark from the current 2-year US Treasury Note to a lower investment yield. Please note: The Treasurer's has adopted a conservative calculation of weighted average maturity, using the weighted average maturity of the LAIF fund rather than treating the LAIF investment as a demand deposit. 011 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: June 26, 2001 J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: • Roy A. Hanley, City Attorney 012 TABLE OF CONTENTS Pae • I. OVERVIEW................................................................................ 1 Introduction Scope General Objectives Standards of Care 11. INVESTMENT AUTHORITY AND RESPONSIBILITIES......................... 4 Authorized Investment Officers Investment Procedures Internal Control Conflicts of Interest III. ELIGIBLE FINANCIAL INSTITUTIONS............................................ 6 Selection of Eligible Financial Institutions Safekeeping and Custody IV. AUTHORIZED INVESTMENTS...................................................... 8 Investment Types Due Diligence Requirement Prohibited Investments Legislative Changes V. INVESTMENT PARAMETERS........................................................ 11 Diversification Maximum Maturities VI. CASH MANAGEMENT................................................................. 12 VII. EVALUATION OF INVESTMENT PERFORMANCE............................ 13 Benchmark Comparison VIII. INVESTMENT REPORTING.......................................................... 14 IX. INVESTMENT POLICY REVIEW AND ADOPTION............................. 15 X. APPENDICES Appendix 1: Glossary........................................................... 16 Appendix 2: Related Government Codes..................................... 24 014 I. OVERVIEW • INTRODUCTION The purpose of this document is to provide guidelines for the prudent investment of the City's temporarily idle cash and outline policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. SCOPE Included in the scope of the City's investment policy are the following major guidelines and practices, which are to be used in achieving the City's primary investment objectives: Investment Authority and Responsibilities Eligible Financial Institutions Authorized Investments Investment Parameters Cash Management Evaluation of Investment Performance Investment Reporting Investment Policy Review and Adoption It is intended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the Annual Financial Report and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds, including any Redevelopment Agency funds in the Cities pooled cash funds. Subject to the prior written consent and approval of the City Treasurer and City Manager, financial assets held and invested by trustees or fiscal agents are excluded from this policy. However, such assets are nevertheless subject to the regulations established by the State of California pertaining to investments by local agencies as well as the related bond indentures. 1 015 I. OVERVIEW (continued) GENERAL OBJECTIVES The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a. Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: • Limiting investments to the safest types of securities • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business • Diversifying the investment portfolio so that potential losses on individual securities will be minimized. b. Interest Rate Risk The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity • Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also will be placed in money market mutual funds or local government investment pools, which offer same-day liquidity for short-term funds. • 2 016 I. OVERVIEW (continued) • GENERAL OBJECTIVES (continued) 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. For purposes of comparing alternative investments all yields should be converted to a "money market" equivalent yield. Securities shall not be sold prior to maturity with the following exceptions: a. A security with declining credit may be sold early to minimize loss of principal. b. A security swap would improve the quality, yield, or target duration in the portfolio. c. Liquidity needs of the portfolio require that the security be sold. STANDARDS OF CARE • The City operates its pooled idle cash investments under the "Prudent Person Rule" which obligates a fiduciary to ensure that investments shall be made: "using the judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital". (Uniform Prudent Investor Act) Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. • 3 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES AUTHORIZED INVESTMENT OFFICERS Idle cash management and investment transactions are the responsibility of the City Treasurer or designee. The City Council has authorized the following officials to undertake investment transactions on behalf of the City: City Treasurer City Manager Director of Administrative Services The Finance Review Committee, consisting of the City Treasurer, City Manager, Director of Administrative Services and two (2) members of the City Council, shall meet at least quarterly to discuss the status of current investments, strategies for future investment, and other investment matters deemed relevant, and shall report to the City Council as necessary. The City Attorney shall, as required by Government Code section 36518, review the bonding requirement for the City Treasurer on an annual basis. INVESTMENT PROCEDURES The authorized investment officers as stated above, in accordance with the City of Atascadero Investment Policy, are responsible for administering an investment program which: • • Adheres to the Statement of Investment Policy • Prioritizes safety and liquidity • Determines risk and optimizes return • Provides for a system of due diligence in making investment decisions. INTERNAL CONTROL The Director of Administrative Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. 4 01 €3 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES (continued) • INTERNAL CONTROL (continued) Accordingly, the Director of Administrative Services shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Control of collusion • Separation of transaction authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation of transactions for investments and wire transfers • Development of a wire transfer agreement with the lead bank and third party custodian CONFLICTS OF INTEREST The City adopts the following policy concerning conflicts of interest: 1. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. 2. Officers and employees involved in the investment process shall disclose to the City Clerk any material financial interest in financial institutions that conduct business with the City of Atascadero and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio. I Officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. 4. In making investment decisions the Investment Officers shall be guided by the recommendations of the finance committee and avoid the undue influence of individual City officers and officials. • 5 019 III. ELIGIBLE FINANCIAL INSTITUTIONS SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS All financial institutions and broker/dealers and safekeeping/custodial agents who desire to become qualified for investment transactions must provide the following documents (as appropriate) for annual review by the City Treasurer: • Audited financial statements • Proof of National Association of Securities Dealers (NASD) certification • Proof of state registration • Completed broker/dealer questionnaire • Certification of having read and understood and agreeing to comply with the City's investment policy. In selecting financial institutions for deposit or investment of funds, the authorized Investment Officers shall consider the credit-worthiness of the institution. • Deposits The City will only deposit funds with an institution that has a rating of at least "A" as assigned by an established rating service based on quarterly financial information provided by the Federal Reserve Board and the Federal Home Loan Bank Board (i.e., The Financial Directory). Ratings will be monitored on a quarterly basis and any downgrade in rating below "A" will be reported to the Finance Review Committee together with a i recommendation for possible action. • Brokers/Dealer Investments must be purchased directly from the issuer, from an institution licensed by the state as a broker-dealer, from a member of a federally regulated securities exchange, or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. Broker/dealers shall be selected by creditworthiness (e.g., a minimum capital requirement of$10,000,000 and at least five years of operation). • Safekeeping and Custodial Institutions Safekeeping and custodial institutions shall be selected on the basis of credit worthiness with a minimum of capitalization of$100,000,000 and at least 5 years of operation. Safekeeping and custodial institutions must be fiduciaries of the City and independent of any broker/dealers. All safekeeping and custodial arrangements shall require written agreements. All safekeeping and custodial agreements shall be reviewed by the City Treasurer and Director of Administrative Services and approved by the City Attorney prior to conducting any investment activities. From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such situations, a waiver to the above criteria may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by City Council in advance. 6 020 III. ELIGIBLE FINANCIAL INSTITUTIONS (continued) • The authorized Investment Officers will maintain a file of the broker/dealers and authorized safekeeping/custodial institutions with which it is currently doing business which will include the firm name, contact person, telephone number, and current audited financial statements. SAFEKEEPING AND CUSTODY All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. A third- party custodian as evidenced by safekeeping receipts will hold securities. 7 0421 IV. AUTHORIZED INVESTMENTS INVESTMENT TYPES The California Government Code Sections 16429.1 and 53601 govern investment of City funds. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years unless the City Council has granted prior express authority. It should be noted that while the Government Code specifies the maximum percentage of the portfolio that may be held in each type of investment at any one time, fluctuations in the portfolio balance will prevent strict adherence to such restrictions. Therefore, percentage limitations shall apply to investments at the time of purchase. Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable: 1. State Treasurer's Local Agency Investment Fund (LAIF) Government Code Section 16429.1: The City may invest a maximum of $20 million pursuant to LAIF policy (effective 9/11/94). LAIF is a diversified investment pool administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in order to earn the maximum rate of return consistent with safe and prudent treasury management. • The LAIF handbook including LAIF policies and restrictions shall be available in the City's Administrative Services Department. A thorough investigation of the pool is required on a continual basis. (See Due Diligence Requirement on page 10.) 2. U.S. Government Issues Government Code Sections 53601 (b) and (e): A maximum forty percent (40%) of the City's portfolio may be invested in U.S. government obligations, U.S. government agency obligations, and U.S. government instrumentality obligations, which have a liquid market with a readily determinable market value. 3. Bankers Acceptances Government Code Section 53601 (f): Up to thirty percent (30%) of the City's portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System, although no more than 15% of the portfolio may be invested in Bankers Acceptances with any one commercial bank. Additionally, the maturity periods cannot exceed 180 days. 8 022 IV. AUTHORIZED INVESTMENTS (continued) • INVESTMENT TYPES (continued) 4. Commercial Paper Government Code Section 53601 (g): A maximum of fifteen percent (15%) of the City's portfolio may be invested in highest tier (e.g. A-1, P-1, F-1 or D-1 or higher) commercial paper as rated by Moody's or Standard and Poor's rating service. Issuing corporations must be organized and operating in the United States, have $500 million total assets, and have at least an "A" rating (by Moody's or Standard and Poor's) on debt other than commercial paper. The maturity period cannot exceed 270 days. The 15% of portfolio limitation may be increased to 30% if the dollar-weighted average maturity of the entire amount does not exceed 31 days. "Dollar-weighted average maturity" means the sum of the amount of each outstanding commercial paper investment multiplied by the number of days to maturity, divided by the total amount of outstanding commercial paper. Purchases of eligible commercial paper may not exceed 10% of the outstanding paper of an issuing corporation. 5. Certificates of Deposit and Passbook Savings Accounts Government Code Section 53601: There is no limit as to the amount of the investment portfolio that may be deposited in certificates of deposit or passbook savings account. The minimum requirements for Certificate of Deposit investments shall be: • Investments and accrued interest shall never exceed the FDIC insurance limit in any one institution. • Qualified institutions must have a minimum equity ratio of 6% and a minimum capitalization of $10,000,000. Purchases of negotiable certificates of deposit, issued by a nationally or state-chartered bank or a state or federal association, or by a state licensed branch of a foreign bank, may not exceed 30 percent of the agency's surplus money, which may be invested pursuant to this section. Negotiable certificates of deposit may be purchased in the secondary market at a discounted but never at a premium, since the premium would not be FDIC insured. California law requires that public funds be collateralized by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. The collateralization requirement may be waived to the extent that funds are federally insured (currently up to $100,000 per institution). For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis. • 9 023 6. Money Market Mutual Funds Government Code Section 53601 (k): Shares of beneficial interest issued by diversified • management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec 80a-1 et seq.) shall not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. No more than 10 percent of the agency's surplus funds may be invested in shares of beneficial interest of any one mutual fund V. AUTHORIZED INVESTMENTS (continued) DUE DILIGENCE REQUIREMENT As stated, a thorough investigation of an investment pool or mutual fund is required prior to investing and on a continual basis. At a minimum, the following information shall be reviewed annually for each pool and/or mutual fund: 1. A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculations, how interest is distributed, and how gains and losses are treated. 3. A description of how these securities are safeguarded (including the settlement process), and how often these securities are priced and the program audited. 4. A description of who may invest in the program, how often, and the size of deposits and withdrawals. 5. A schedule for receiving statements and portfolio listings. 6. Whether reserves, retained earnings, etc. are utilized by the pool/fund. 7. A fee schedule, and when and how fees are assessed. 8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds. PROHIBITED INVESTMENTS The City of Atascadero shall not invest in any investment instrument/pool/fund unless specifically allowed under the `'Investment Types" section of this policy. The City of Atascadero shall comply with Government Code Section 53601.6.which states, "(a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or mortgage derived interest-only strips. (b) A local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity." LEGISLATIVE CHANGES • 10 024 Any State of California legislative action that further restricts allowable maturities, investment • types or percentage allocations will be incorporated into the City of Atascadero Investment Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Finance Review Committee, until the maturity date to avoid an unnecessary loss. • • V. INVESTMENT PARAMETERS ii 025 DIVERSIFICATION • The investments shall be diversified by: • Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding Local Agency Investment Fund and U.S. Treasury securities), • Limiting investment in securities that have higher credit risks, • Investing in securities with varying maturities, and • Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LAIF), or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. MAXIMUN MATURITIES In order to minimize the impact of market risk, it is intended that all investments will be held to maturity. To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The City Finance Committee shall meet at least quarterly to review and adopt weighted average maturity limitations (which often range from 90 days to 2 years), consistent with investment objectives and economic conditions. Investments may be sold prior to maturity for cash flow, appreciation purposes or in order to limit losses, however, no investment shall be made based solely on earnings anticipated from capital gains. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available fiends. • 12 026 VI. CASH MANAGEMENT In order to obtain a reasonable return on public funds, the following cash management practice will be followed: 1. Maintain maximum investment of all City funds not required to meet immediate cash flow needs. 2. Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 3. Maximize the City's cash flow through immediate deposit of all receipts, use of direct deposit when available, and appropriate timing of payment to venders. 4. Maximize cash flow information available through the use of only one operating bank account. 5. Daily cash flow management shall be the responsibility of the Director of Administrative Services in conjunction with the City Treasurer. • • 13 0 2 .1° II. EVALUATION OF INVESTMENT PERFORMANCE • The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. BENCHMARK COMPARISON The investment portfolio shall be structured to optimize the return given the risk constraints and cash flow needs. Investment performance shall be continually monitored and evaluated by the Finance Review Committee. Investment performance statistics and activity reports shall be generated on a monthly basis for presentation to the City Council. In evaluating the performance of the City's portfolio in complying with this policy, it is expected that yields on City investments will regularly meet or exceed the average return on a two-year U.S. Treasury Note. However, the Finance Review Committee for evaluation purposes considers a variance of.5% positive or negative from the benchmark reasonable. • 14 026 VIII. INVESTMENT REPORTING The City Treasurer shall prepare and submit a monthly investment report to the City Council. This report will include the following elements relative to the investments held at month-end. 1. Face value. 2. Security description. 3. Coupon rate. 4. Maturity date. 5. Investment rating. 6. Investment type. 7. Purchase date. 8. Cost of security. 9. Yield-to-Maturity 10. Estimated market value. (Quarterly) 11. Amortized premium/discount. 12. Unrealized Gain<Loss>. (Quarterly) 13. Listing of investment by maturity. 14. Gains or Losses on the sale of securities not held to maturity. 15. Bank failures. 16. Investment ratings downgraded by Moody's or Standard and Poor's. 17. Statement relating the report to the Statement of Investment Policy. 18. Statement that there are sufficient funds to meet the next six months' obligations. • 15 02 o� IX. INVESTMENT POLICY REVIEW AND ADOPTION The Statement of Investment Policy shall be submitted annually to the City Council for adoption. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council. • 16 030 Appendix 1: Glossaty • The following is a glossary* of key investing terms, many of which appear in GFOA'S Sample Investment Policy. Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., "1/4" of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. Call Risk- The risk to a bondholder that a bond may be redeemed prior to maturity. *This glossary has been adapted from an article,entitled"Investment terms for everyday use,"that appeared in the April 5, 1996,issue of Public Investor,GFOA's subscription investment newsletter. • 17 031 Appendix 1: Glossary (continued) Cash Sale/Purchase - A transaction, which calls for delivery and payment of securities on the same day that the transaction is initiated. Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 365 days. Convexity - A measure of a bond's price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond's price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the "interest rate". Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Derivative Security - Financial instrument created from, or whose value depends upon, one or more underlying assets or indexes of asset values. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. 18 Appendix l: Glossary (continued) Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See"Treasury Bills, Notes, and Bonds." Interest Rate - See "Coupon Rate". Interest Rate Risk - The risk associated with declines or rises in interest rates that cause an investment in a fixed-income security to increase or decrease in value. Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: 1. Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employers. 2. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. • 19 C 33 Appendix 1: Glossary (continued) 1. Avoidance of physical delivery securities - Book-entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 2. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. I Written confirmation of transactions for investments and wire transfers - Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping institution has a list of authorized signatures. 4. Development of a wire transfer agreement with the lead bank and third-party custodian - The designated official should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Liquidity - An asset that can be converted easily and quickly into cash. Local Government Investment Pool (LGIP) - An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. • 20 034 Appendix 1: Glossary (continued) • Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual fiends are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fiend's holdings, performance, management and general investment policy. 3. Have the fund's investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund's shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus that is updated and filed by the SEC annually. Mutual Fund Statistical Services - Companies that track and rate mutual funds, e.g., IBC/Donoghue, Lipper Analytical Services, and Mornignstar. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. • 21 035 Appendix 1: Glossary (continued) Net Asset Value - The market value of one share f • o an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets which includes securities, cash, and any accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) No Load Fund - A mutual fund that does not levy a sales charge on the purchase of its shares. Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," "coupon rate," or"interest rate." Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "Ask price." Par - Face value or principal value of a bond, typically$1,000 per bond. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security's par value. • Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Regular Way Delivery - Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. 22 036 Appendix 1: Glossary (continued) • Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (Repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90- day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue that come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain period. (Price appreciation) + (Dividends paid) + (Capital gains) =Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of$10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. • 23 Appendix 1: Glossary (continued) Treasury Notes - Intermediate U.S. government debt securities with maturities of one to ten years and issued in denominations ranging from $1,000 to $1,000,000 or more. Treasury Bonds - Long-term U.S. government debt securities with maturities of ten years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. Uniform Net Capital Rule - SEC Rule 1503-1 outlining capital requirements for broker/dealers. Volatility - A degree of fluctuation in the price and valuation of securities. "Volatility Risk" Rating - A rating system to clearly indicate the level of volatility and other non-credit risks associated with securities and certain bond funds. The rating for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns ("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable market volatility risk ("ccc-" by S&P, "V-10"by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All"when issued" transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security's current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. • 24 038 Appendix 2: Related Government Codes Government Code \ TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA \ DIVISION 4. FISCAL AFFAIRS \ PART 2. STATE FUNDS \ CHAPTER 2. SPECIAL FUNDS \Article 11. Local Agency Investment Fund GOV §16429.1 There is in the State Treasury the Local Agency Investment Fund, which fund is hereby created. Notwithstanding Section 13340, all money in the fund is hereby appropriated without regard to fiscal years to carry out the purpose of this section. The Controller shall maintain a separate account for each governmental unit having deposits in this fund. Notwithstanding any other provisions of law, a local governmental official, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment. 25 39 Appendix 2: Related Government Codes (continued) • Government Code \ TITLE 5. LOCAL AGENCIES \ DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES \ PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES \ CHAPTER 4. FINANCIAL AFFAIRS \ Article 2. Deposit of Funds GOV § 53601. The legislative body of a local agency having money in a sinking fund of, or surplus money in, its treasury not required for the immediate needs of the local agency may invest any portion of the money that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency's funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counter party bank's customer book entry account may be used for book entry delivery. For purposes of this section "counter party" means the other party to the transaction. A counter party bank's trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment: (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (e) Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise. (f) Bills of exchange or time drafts drawn on and accepted by a commercial bank, • otherwise known as bankers acceptances. Purchases of bankers acceptances may not exceed 180 26 040 days maturity or 40 percent of the agency's surplus money that may be invested pursuant to this • section. However, no more than 30 percent of the agency's surplus funds may be invested in the bankers acceptances of any one commercial bank pursuant to this section. This subdivision does not preclude a municipal utility district from investing any surplus money in its treasury in any manner authorized by the Municipal Utility District Act(Division 6 (commencing with Section 11501) of the Public Utilities Code). (g) Commercial paper of"prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000) and having an "A" or higher rating for the issuer's debt, other than commercial paper, if any, as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Purchases of eligible commercial paper may not exceed 270 days maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15 percent of the agency's surplus money that may be invested pursuant to this section. An additional 15 percent, or a total of 30 percent of the agency's surplus money, may be invested pursuant to this subdivision. The additional 15 percent may be so invested only if the dollar-weighted average maturity of the entire amount does not exceed 31 days. "Dollar-weighted average maturity" means the sum of the amount of each outstanding commercial paper investment multiplied by the number of days to maturity, divided by the total amount of outstanding commercial paper. (h)Negotiable certificates of deposits issued by a nationally or state-chartered bank or a state or federal association (as defined by Section 5102 of the Financial Code) or by a state-licensed branch of a • foreign bank. Purchases of negotiable certificates of deposit may not exceed 30 percent of the agency's surplus money that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposits do not come within Article 2 (commencing with Section 53630),except that the amount so invested shall be subject to the limitations of Section 53638. (i) (1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of any securities authorized by this section, as long as the agreements are subject to this subdivision, including, the delivery requirements specified in this section. (2) Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements or securities lending agreements may be utilized only when either of the following conditions are met: (A) The security was owned or specifically committed to purchase, by the local agency, prior to December 31, 1994, and was sold using a reverse repurchase agreement or securities lending agreement on December 31, 1994. (B) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and frilly paid for by the local agency for a minimum of 30 days prior to sale; the total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency not purchased or committed to purchase, prior to December 31, 1994, does not exceed 20 percent of the base value of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the 27 041 entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (4)After December 31, • 1994, a reverse repurchase agreement or securities lending agreement may not be entered into with securities not sold on a reverse repurchase agreement or securities lending agreement and purchased, or committed to purchase, prior to that date, as a means of financing or paying for the security sold on a reverse repurchase agreement or securities lending agreement, but may only be entered into with securities owned and previously paid for a minimum of 30 days prior to the settlement of the reverse repurchase agreement or securities lending agreement, in order to supplement the yield on securities owned and previously paid for or to provide funds for the immediate payment of a local agency obligation. Funds obtained or fiends within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, on securities originally purchased subsequent to December 31, 1994, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Reverse repurchase agreements or securities lending agreements specified in subparagraph (B) of paragraph (3) may not be entered into unless the percentage restrictions specified in that subparagraph are met, including the total of any reverse repurchase agreements or securities lending agreements specified in subparagraph (A) of paragraph (3). (5) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase • with a simultaneous agreement to repurchase the security, may only be made upon prior approval of the governing body of the local agency and shall only be made with primary dealers of the Federal Reserve Bank of New York. (6) (A) "Repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the counter party seller will repurchase the securities on or before a specified date and for a specified amount and the counter party will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counter party bank's customer book-entry account maybe used for book-entry delivery. (B) "Securities," for purpose of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) "Reverse repurchase agreement", means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements. (D) "Securities lending agreement" means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, a third party holds both the securities and the collateral. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency's pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods. (F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds. (j) • Medium-term notes, defined as all corporate and depository institution debt securities with a 28 042 maximum remaining maturity of five years or less, issued by corporations organized and • operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated "A" or better by a nationally recognized rating service. Purchases of medium-term notes shall not include other instruments authorized by this section and may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. (k) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to 0), inclusive, or subdivisions (m) or (n) and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counter party to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company's board of directors finds that the counter party presents a minimal risk of default,and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily. (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 and following). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by subdivisions (a) to 0), inclusive, or subdivisions (m) or(n) and with assets under management in excess of five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that the companies may charge and shall not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. However, no more than 10 percent of the agency's surplus funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (1)Notwithstanding anything to the contrary contained in this section, Section 53635, or any other provision of law, moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance. • (m)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of 29 043 securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall • be placed by delivery or book entry into the custody of a trust company or the trust department of a bank which is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted. (n) Any mortgage pass through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass through certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by a nationally recognized rating service and rated in a rating category of"AA" or its equivalent or better by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. 53601.1. The authority of a local agency to invest funds pursuant to Section 53601 includes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section. 53601.2. Notwithstanding subdivision(g) of Section 53601, the board of supervisors of a county may invest in commercial paper of prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and have total assets in excess of five hundred million dollars ($500,000,000) and an "A" or higher rating for the issuer's debt, other than commercial paper, if any, as provided for by Moody's Investors Service, Inc., or Standard and Poor' s Corporation. Purchases of eligible commercial paper may not exceed 270 days' maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 40 percent of the agency's surplus money that may be invested pursuant to this section. No more than 10 percent of the agency's surplus money that may be invested pursuant to this section may be invested in the outstanding paper of any single issuing corporation. 53601.5. The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a federal or state association(as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. 53601.6. (a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or mortgage derived interest-only strips. (b) A local agency shall not invest any • funds pursuant to this article in any security that could result in zero interest accrual if held to 30 044 maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, and following) that are authorized for investment pursuant to subdivision(k) of Section 53601. • • 31 045 Appendix 2: Related Government Codes (continued) • Government Code \ TITLE 5. LOCAL AGENCIES \ DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES \ PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES \ CHAPTER 4. FINANCIAL AFFAIRS \ Article 2. Deposit of Funds GOV § 53631.5. (a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. (b) A local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S. SEC. 80a-1, and following) that are authorized for investment pursuant to subdivision (k) of Section 53601. [As affected by 1995 legislation] • 32 046 ITEM NUMBER: A-3 DATE: 6/26/2001 • 19r8 0 18 8 Atascadero City Council Staff Report- Police Department Public Safety Computer Aided Dispatch/Records Management System RECOMMENDATIONS: Council approve the use of technology grant funds to purchase the PS.Net Computer Aided Dispatch/Records Management System (CAD/RMS) software for use in the Public Safety Communications Center; and authorize the City Manager to execute a maintenance agreement with Abbey Group. REPORT-IN-BRIEF: • The Cit of Atascadero has received rant funds in the amount of$108 919 provided through the Y g � p g State of California Law Enforcement Equipment Purchase (CLEEP) grant program. The one time grant is designated for the purchase of law enforcement related technology and equipment. Staff has identified a need for a countywide law enforcement computer aided dispatch and records management system that would greatly enhance the coordination of enforcement efforts by all law enforcement agencies within San Luis Obispo County. A countywide committee was formed and has recently approved a contract with Abbey Group for the installation of the new PS.Net CAD/RMS system in each of the participating agencies. The new system will benefit countywide law enforcement by allowing agencies to share data while maintaining control of their respective dispatch operations. The contracts are being reviewed by the respective City Attorneys and submitted to the City Managers for signatures. DISCUSSION: Background: A computer aided dispatch (CAD) system is used by public safety dispatchers to track and document all Police and Fire field activities, individual officer activities and provide incident history on locations within the City. CAD also communicates with regional, state and federal databases and other agencies to transfer information related to dispatch operations. A records management system (RMS) stores information on locations and individuals and provides the data by which mandated reporting of state and federal statistics are compiled. Activity_conducted in the CAD system is stored in the RMS system to be retrieved for later use. 047 ITEM NUMBER: A-3 DATE: 6/26/2001 The present CAD/RMS software vendor is LEADS. In use since 1988, it uses an older DOS • operating system that conflicts with many newer programs and the Windows operating system in the new computers. Because it is not Year 2000 compliant the system is plagued with problems of inadequate storage and retrieval of information. Information related to calls for service and names of individuals is often transposed requiring considerable effort to correct. The system is no longer functioning properly and must be replaced. Upgrading the present software program would not provide the capabilities nor the interagency connectivity offered by the Abbey system. Representatives from San Luis Obispo County law enforcement agencies formed a Technical Advisory Group in 1999 to search for a CAD/RMS system. The criteria included proven performance, interagency data sharing, reasonable pricing, industry standard reporting capability and other features to assist in workload management, deployment, crime analysis, personnel tracking, property and evidence management and community policing tracking. The ability to communicate with other local agency databases to coordinate law enforcement efforts throughout the county was a key desired feature. The advisory group reviewed many demonstrations by various vendors. References were checked, site visits were conducted and future needs were considered when selecting PS.Net software offered by Abbey Group. The Abbey CAD/RMS systems were developed originally in California for law enforcement agencies. This insures total compatibility with State criminal justice databases. In addition the PS.Net program is compatible with the mapping software used by the Community Development Department to produce city maps. Current Communications • Center network hardware will support the proposed system. The attached Abbey Group proposal includes installation, licensing, data conversion of existing files, interface to all the County and State systems, training,maintenance and support. Due to the participation of eight agencies the proposal is heavily discounted. This system will also be installed in the Cities of Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, Cuesta College and Cal Poly University. San Luis Obispo Police and San Luis Obispo County Sheriffs Department previously purchased other new systems and will be able to share data as well. Analysis: The City of Atascadero will benefit from the combined efforts of the local law enforcement agencies by taking advantage of reasonable pricing resulting from a multi-agency purchase. The design of the system is the most cost-effective method of sharing information while maintaining total control of respective department systems. A multi-agency users group will continue to communicate with the vendor to influence training, software upgrades and maintenance issues. Conclusion: The attached proposal by Abbey Group represents an innovative two year coordinated effort by local law enforcement agencies to locate a CAD/RMS system that will meet the complex requirements of current and future law enforcement operations. • 048 ITEM NUMBER: A-3 DATE: 6/26/2001 • FISCAL IMPACT: $85,000 Purchase, installation, training, interface with County and State systems and data conversion costs are provided in full by CLEEP grant funds designated for this purpose. Fiscal year 2001/2002: Saving of$4500 due to termination of the maintenance agreement with the current vendor and use of the one-year warranty period with the new system. Fiscal year 2002/2003: Part of this fiscal year will be covered under warranty. The increase in annual recurring costs of $7000 will commence upon the end of the warranty period. The anticipated increase in fiscal 2002/2003 is $4750. ALTERNATIVES: 1. Approve Staff recommendation. 2. Not approve Staff recommendation. ATTACHMENT: Professional Services Agreement • 049 1 •2 CITY OF ATASCADERO 3 PROFESSIONAL SERVICES AGREEMENT 4 5 6 1. PARTIES AND DATE. 7 8 This Agreement is made and entered into this day of , 2001 by and 9 between the City of Atascadero, a general laws city organized under the laws of the State of 10 California, ("City") and Abbey Group Consultants, a Nevada Corporation, with its principal 11 place of business at 923 Tahoe Blvd. Suite 212, Incline Village,NV 89451 ("Consultant"). The 12 City and Consultant are sometimes individually referred to as "Party" and collectively as 13 "Parties." 14 15 16 2. RECITALS. 17 18 2.1 Consultant. 19 20 Consultant desires to perform and assume responsibility for the provision of certain 21 professional services required by the City on the terms and conditions set forth in this 22 Agreement. Consultant represents that it is experienced in providing information services to 23 public clients and is familiar with the plans of the City. 24 25 2.2 Project. 26 27 The City desires to engage Consultant to render such services for the public safety 28 computer project("Project") as set forth in this Agreement. 29 30 2.3 Consortium Defined 31 32 As to this agreement, Consortium is defined as those law enforcement agencies or their 33 respective cities or political subdivisions within the County of San Luis Obispo that elect to enter 34 into an agreement with Consultant under the terms specified in this agreement by either: 1) 35 adopting this agreement; or 2) by entering into a separate agreement with the Consultant, within 36 forty-five (45) days from the execution of the first professional services agreement between 37 Consultant and a member of said Consortium. 38 39 40 3. TERMS. 41 42 3.1 Scope of Services and Term. 43 44 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to 45 the City all labor, materials, tools, equipment, services, and incidental and customary work • 46 necessary to fully and adequately supply the Computer Assisted Dispatch (CAD), Records 47 Management System (RMS), and Community Policing/ Problem Solving System (COPPS) 48 project ("Services"). The Services are more particularly described in Appendix "A" attached 050 • I hereto. All Services shall be subject to, and performed in accordance with, this Agreement, the 2 exhibits attached hereto and incorporated herein by reference, and all applicable local, state and 3 federal laws, rules and regulations. 4 5 3.1.2 Term. The term of this Agreement shall be from date of execution to five 6 years thereafter, unless earlier terminated as provided herein. Consultant shall complete the 7 Services within the term of this Agreement, and shall meet any other established schedules and 8 deadlines, provided that the dates and periods specified in Exhibit "B," Schedule of Services, 9 shall be adjusted according to, and reckoned from, the date of execution or adoption of this to Agreement by the City. 11 12 3.1.3 Warranty. Consultant warrants that software provided by the consultant, 13 not to include third-parry software, shall be operable as specified in Exhibit "A," and shall be 14 covered under warranty for a period of one (1) year. After the warranty period, the Maintenance 15 Agreement shall be in force. 16 17 3.2 Responsibilities of Consultant. 18 19 3.2.1 Control and Payment of Subordinates; Independent Contractor. The 20 Services shall be performed by Consultant or under its supervision. Consultant will determine 21 the means, methods and details of performing the Services subject to the requirements of this 22 Agreement. City retains Consultant on an independent contractor basis and not as an employee. 23 Consultant retains the right to perform similar or different services for others during the term of 24 this Agreement. Any additional personnel performing the Services under this Agreement on 25 behalf of Consultant shall also not be employees of The City and shall at all times be under 26 Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other 27 amounts due such personnel in connection with their performance of Services under this 28 Agreement and as required by law. Consultant shall be responsible for all reports and 29 obligations respecting such additional personnel, including, but not limited to: social security 30 taxes, income tax withholding, unemployment insurance, disability insurance, and workers' 31 compensation insurance. 32 33 3.2.2 Schedule of Services. Consultant shall perform the Services 34 expeditiously, within the term of this Agreement, and in accordance with the Schedule of 35 Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. 36 Consultant represents that it has the professional and technical personnel required to perform the 37 Services in conformance with such conditions. In order to facilitate Consultant's conformance 38 with the Schedule, The City shall respond to Consultant's submittals in a timely manner. Upon 39 request of The City, Consultant shall provide a more detailed schedule of anticipated 40 performance to meet the Schedule of Services. 41 42 3.2.3 Conformance to Applicable Requirements. All work prepared by 43 Consultant shall be subject to acceptance by the City. 44 • 45 3.2.3.1 Acceptance. As understood in this agreement, an acceptance by 46 the City is a written statement by the City that the portion of the project completed by the 47 Consultant and submitted to the City conforms to the requirements and specifications of this 48 agreement. Within ten (10) days from notice of completion or submission by the Consultant of 2 051 I any portion of the Project designated herein as a contract milestone, the City must either execute • 2 an acceptance or submit a detailed request in writing to the Consultant for the correction of any 3 errors, defects, omissions,or non-conforming portions in the submission, provided that failure by 4 the City to either execute a written acceptance or submit a written request for correction within 5 ten (10) days shall be deemed an acceptance. Substantial production use of any portion of the 6 Project and abandonment of legacy software by the City shall be deemed evidence of said 7 acceptance. 8 9 3.2.4 Substitution of Key Personnel. Consultant has represented to The City 10 that certain key personnel will perform, coordinate and supervise the Services under this 11 Agreement. Should one or more of such personnel become unavailable, Consultant may 12 substitute other personnel of at least equal competence upon written approval of The City. In the 13 event that The City and Consultant cannot agree as to the substitution of key personnel, The City 14 shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who 15 fail or refuse to perform the Services in a manner acceptable to the City, or who are determined 16 by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the 17 Project or a threat to the safety of persons or property, shall be promptly removed from the 18 Project by the Consultant at the request of the City. The key personnel for performance of this 19 Agreement are as follows: 20 21 John D. Abbey 22 Alvin J. Gortcinsky 23 Charles Mims 24 25 26 3.2.5 The City's Representative. The City hereby designates Dennis Hegwood, 27 Chief of Police, or his designee, to act as its representative for the administration of this 28 Agreement ("The City's Representative"). The City's Representative shall have the power to act 29 on behalf of the City for all purposes under this Contract. Consultant shall not accept direction 30 or orders from any person other than the City's Representative or his or her designee. 31 32 3.2.6 Consultant's Representative. Consultant hereby designates John D. 33 Abbey, or his designee, to act as its representative for the administration of this Agreement 34 ("Consultant's Representative"). Consultant's Representative shall have full authority to 35 represent and act on behalf of the Consultant for all purposes under this Agreement. 36 37 3.2.7 Coordination of Services. Consultant agrees to work closely with The 38 City staff in the performance of Services and shall be available to The City's staff, consultants 39 and other staff at all reasonable times. 40 41 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform 42 all Services under this Agreement in a skillful and competent manner, consistent with the 43 standards generally recognized as being employed by professionals in the same discipline in the 44 State of California. Consultant represents and maintains that it is skilled in the professional 45 calling necessary to perform the Services. Consultant warrants that all employees and • 46 subcontractors shall have sufficient skill and experience to perform the Services assigned to 47 them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, 48 permits, qualifications and approvals of whatever nature that are legally required to perform the 3 052 • 1 Services, including a Business License, and that such licenses and approvals shall be maintained 2 throughout the term of this Agreement. As provided for in the indemnification provisions of this 3 Agreement, Consultant shall perform, at its own cost and expense and without reimbursement 4 from the City, any services necessary to correct errors or omissions that are caused by the 5 Consultant's failure to comply with the standard of care provided for herein. Any employee of 6 the Consultant or its sub-consultants who is determined by the City to be uncooperative, 7 incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of 8 persons or property, or any employee who fails or refuses to perform the Services in a manner 9 acceptable to the City, shall be promptly removed from the Project by the Consultant and shall 10 not be re-employed to perform any of the Services or to work on the Project. 11 12 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and 13 in compliance with all local, state and federal laws, rules and regulations in any manner affecting 14 the performance of the Project or the Services, including all Cal/OSHA requirements, and shall 15 give all notices required by law. Consultant shall be liable for all violations of such laws and 16 regulations in connection with Services. If the Consultant performs any work knowing it to be 17 contrary to such laws, rules and regulations and without giving written notice to the City, 18 Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, 19 indemnify and hold The City, its officials, directors, officers, employees and agents free and 20 harmless, pursuant to the indemnification provisions of this Agreement, from any claim or 21 liability arising out of any failure or alleged failure to comply with such laws, rules or 22 regulations. 23 3.2.10 Insurance. 1024 25 3.2.10.1 Time for Compliance. Consultant shall not commence 26 Work under this Agreement until it has provided evidence satisfactory to the City that it has 27 secured all insurance required under this section. In addition, Consultant shall not allow any 28 subcontractor to commence work on any subcontract until it has provided evidence satisfactory 29 to the City that the subcontractor has secured all insurance required under this section. 30 31 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, 32 procure and maintain for the duration of the Agreement insurance against claims for injuries to 33 persons or damages to property which may arise from or in connection with the performance of 34 the Agreement by the Consultant, its agents, representatives, employees or subcontractors. 35 Consultant shall also require all of its subcontractors to procure and maintain the same insurance 36 for the duration of the Agreement. Such insurance shall meet at least the following minimum 37 levels of coverage: 38 39 (A) Minimum Scope of Insurance. Coverage shall be at least as 40 broad as the latest version of the following: (1) General Liability: Insurance Services Office 41 Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: 42 Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); 43 and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as 44 required by the State of California and Employer's Liability Insurance. • 45 46 (B) Minimum Limits of Insurance. Consultant shall maintain 47 limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal 48 injury and property damage. If Commercial General Liability Insurance or other form with 4 053 I general aggregate limit is used, either the general aggregate limit shall apply separately to this • 2 Agreement/location or the general aggregate limit shall be twice the required occurrence limit; 3 (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) 4 Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by 5 the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident 6 for bodily injury or disease. 7 8 3.2.10.4 Insurance Endorsements. The insurance policies shall 9 contain the following provisions, or Consultant shall provide endorsements on forms supplied or 10 approved by the City to add the following provisions to the insurance policies: 11 12 (A) General Liability. The general liability policy shall be 13 endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and 14 volunteers shall be covered as additional insured with respect to the Work or operations 15 performed by or on behalf of the Consultant, including materials, parts or equipment furnished in 16 connection with such work; and (2) the insurance coverage shall be primary insurance as respects 17 the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall 18 stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying 19 coverage. Any insurance or self-insurance maintained by the City, its directors, officials, 20 officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall 21 not be called upon to contribute with it in any way. 22 23 (B) Automobile Liability. The automobile liability policy shall 24 be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and 25 volunteers shall be covered as additional insureds with respect to the ownership, operation, 26 maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the 27 Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be 28 primary insurance as respects the City, its directors, officials, officers, employees, agents and 29 volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's 30 scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its 31 directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's 32 insurance and shall not be called upon to contribute with it in any way. 33 34 (C) Workers' Compensation and Employers Liability 35 Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, 36 officials, officers, employees, agents and volunteers for losses paid under the terms of the 37 insurance policy that arise from work performed by the Consultant. 38 39 (D) All Coverages. Each insurance policy required by this 40 Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced 41 or canceled except after thirty (30) days prior written notice by certified mail, return receipt 42 requested, has been given to the City; and (B) any failure to comply with reporting or other 43 provisions of the policies, including breaches of warranties, shall not affect coverage provided to 44 the City, its directors, officials, officers, employees, agents and volunteers. 45 •46 3.2.10.5 Separation of Insureds; No Special Limitations. All 47 insurance required by this Section shall contain standard separation of insureds provisions. In 5 054 • I addition, such insurance shall not contain any special limitations on the scope of protection 2 afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3 4 3.2.10.6 Deductibles and Self-Insurance Retentions. Any 5 deductibles or self-insured retentions must be declared to and approved by the City. Consultant 6 shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate 7 such deductibles or self-insured retentions as respects the City, its directors, officials, officers, 8 employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing 9 payment of losses and related investigation costs, claims and administrative and defense 10 expenses. 11 12 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with 13 insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in 14 California, and satisfactory to the City. 15 16 3.2.10.8 Verification of Coverage. Consultant shall furnish The 17 City with original certificates of insurance and endorsements effecting coverage required by this 18 Agreement on forms satisfactory to the City. The certificates and endorsements for each 19 insurance policy shall be signed by a person authorized by that insurer to bind coverage on its 20 behalf, and shall be on forms provided by the City if requested. All certificates and 21 endorsements must be received and approved by the City before work commences. The City 22 reserves the right to require complete, certified copies of all required insurance policies, at any 23 time. 24 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid 25 injury or damage to any person or property. In carrying out its Services, the Consultant shall at 26 all times be in compliance with all applicable local, state and federal laws, rules and regulations, 27 and shall exercise all necessary precautions for the safety of employees appropriate to the nature 28 of the work and the conditions under which the work is to be performed. Safety precautions as 29 applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 30 equipment and procedures; (B) instructions in accident prevention for all employees and 31 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, 32 confined space procedures, trenching and shoring, equipment and other safety devices, 33 equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 34 injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety 35 measures. 36 37 3.3 Fees and Payments. 38 39 3.3.1 Compensation. Consultant shall receive compensation, including 40 authorized reimbursements, for all Services rendered under this Agreement at the rates set forth 41 in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation 42 shall not exceed the amount listed in Exhibit "C" without written approval of The City. Extra 43 Work may be authorized, as described below, and if authorized, will be compensated at the rates 44 and manner set forth in this Agreement. 45 46 3.3.2 Payment of Compensation. Consultant shall submit to the City a 47 statement upon the occurrence of any contract milestone specified in Exhibit "C." The City 6 055 I shall, within 20 days of receiving such statement, review the statement and pay all approved 2 charges thereon. 3 4 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed 5 for any expenses unless authorized in writing by The City. 6 7 3.3.4 Extra Work. At any time during the term of this Agreement, The City 8 may request that Consultant perform Extra Work. As used herein, "Extra Work" means any 9 work that is determined by The City to be necessary for the proper completion of the Project, but 10 which the parties did not reasonably anticipate would be necessary at the execution of this 11 Agreement, provided that work that is necessary for any software subsystem to perform as 12 specified in Exhibit "A" shall not be deemed extra work. Consultant shall not perform, nor be 13 compensated for, Extra Work without written authorization from The City's Representative. 14 15 3.4 General Provisions. 16 17 3.4.1 Termination of Agreement. 18 19 3.4.1.1 Grounds for Termination. The City may, by written notice to 20 Consultant, terminate the whole or any part of this Agreement at any time and without cause by 21 giving written notice to Consultant of such termination, and specifying the effective date thereof, 22 at least seven (7) days before the effective date of such termination. Upon termination, 23 Consultant shall be compensated only for those services that have been adequately rendered to • 24 The City, and Consultant shall be entitled to no further compensation. Consultant may not 25 terminate this Agreement except for cause. 26 27 3.4.1.2 Effect of Termination. If this Agreement is terminated as provided 28 herein, The City may require Consultant to provide all finished or unfinished Documents and 29 Data and other information of any kind prepared by Consultant in connection with the 30 performance of Services under this Agreement. Consultant shall be required to provide such 31 document and other information within fifteen(15) days of the request. 32 33 3.4.1.3 Additional Services. In the event this Agreement is terminated in 34 whole or in part as provided herein, The City may procure, upon such terms and in such manner 35 as it may determine appropriate, services similar to those terminated. 36 37 3.4.2 Delivery of Notices. All notices permitted or required under this 38 Agreement shall be given to the respective parties at the following address, or at such other 39 address as the respective parties may provide in writing for this purpose: 40 41 Consultant: 42 43 Abbey Group Consultants 44 923 Tahoe Blvd. Suite 212 45 Incline Village,NV 89451 • 46 Attn: John D. Abbey 47 48 7 056 • 1 The City: The City of Atascadero 2 5505 El Camino Real 3 Atascadero CA 93422 4 Attn: Dennis Hegwood, Chief of Police 5 6 Such notice shall be deemed made when personally delivered or when mailed, forty-eight 7 (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at 8 its applicable address. Actual notice shall be deemed adequate notice on the date actual notice 9 occurred, regardless of the method of service. 10 11 3.4.3 Ownership of Materials and Confidentiality. 12 13 3.4.3.1 Documents & Data; Licensing of Intellectual Property. This 14 Agreement creates a non-exclusive and perpetual license for The City to copy, use, or modify 15 any and all copyrights, designs, and other intellectual property embodied in plans, specifications, 16 studies, drawings, estimates, and other documents or works of authorship fixed in any tangible 17 medium of expression, including but not limited to, physical drawings or data magnetically or 18 otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 19 Consultant under this Agreement ("Documents & Data"). Consultant and Consultant's suppliers 20 will retain all ownership of software designs and applications provided pursuant to this 21 agreement. Consultant shall require all subcontractors to agree in writing that the City is granted 22 a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares 023 under this Agreement. Consultant represents and warrants that Consultant has the legal right to 24 license any and all Documents & Data. Consultant makes no such representation and warranty 25 in regard to Documents & Data which were prepared by design professionals other than 26 Consultant or provided to Consultant by the City. The City shall not be limited in any way in its 27 use of the Documents and Data at any time, provided that any such use is within the purposes 28 intended by this Agreement. 29 30 The City shall treat the Consultant's application software, specifications, documentation, 31 and other proprietary information as the Consultant's closely guarded trade secret. The City 32 does not have the right to sell or otherwise transfer the Application Software. The City may 33 transfer Software from one computer to another of the City's computers at its sole option so long 34 as The City does not exceed the total number of authorized copies. 35 36 3.4.3.2 Confidentiality. Consultant shall maintain confidential information 37 provided by the City. Nothing furnished to Consultant that is otherwise known to Consultant or 38 is generally known, or has become known, to the related industry shall be deemed confidential. 39 40 3.4.4 Cooperation; Further Acts. The Parties shall fully cooperate with one 41 another, and shall take any additional acts or sign any additional documents as may be necessary, 42 appropriate or convenient to attain the purposes of this Agreement. 43 44 3.4.5 Attorney's Fees. If either party commences an action against the other 045 party, either legal, administrative or otherwise, arising out of or in connection with this 46 Agreement, the prevailing party in such litigation shall be entitled to have and recover from the 47 losing party reasonable attorney's fees and all other costs of such action. 48 8 057 1 3.4.6 Indemnification. Consultant shall defend, indemnify and hold the City, its • 2 officials, officers, employees, volunteers and agents free and harmless from any and all claims, 3 demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to 4 property or persons, including wrongful death, in any manner arising out of or incident to any 5 alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, 6 agents, consultants and contractors arising out of or in connection with the performance of the 7 Services, the Project or this Agreement, including without limitation the payment of all 8 consequential damages and attorneys fees and other related costs and expenses. Consultant shall 9 defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or 10 other legal proceedings of every kind that may be brought or instituted against The City, its I l directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy 12 any judgment, award or decree that may be rendered against The City or its directors, officials, 13 officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. 14 Consultant shall reimburse The City and its directors, officials, officers, employees, agents 15 and/or volunteers, for any and all legal expenses and costs incurred by each of them in 16 connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to 17 indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, 18 officials officers, employees, agents or volunteers. 19 20 3.4.7 Entire Agreement. This Agreement contains the entire Agreement of the 21 parties with respect to the subject matter hereof, and supersedes all prior negotiations, 22 understandings or agreements. This Agreement may only be modified by a writing signed by 23 both parties. • 24 25 3.4.8 Governing Law. This Agreement shall be governed by the laws of the 26 State of California. 27 28 3.4.9 Time of Essence. Time is of the essence for each and every provision of 29 this Agreement. 30 31 3.4.10 Successors and Assigns. This Agreement shall be binding on the 32 successors and assigns of the parties. 33 34 3.4.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or 35 transfer, either directly or by operation of law, this Agreement or any interest herein without the 36 prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 37 hypothecates or transferees shall acquire no right or interest by reason of such attempted 38 assignment, hypothecation or transfer. 39 40 3.4.12 Construction; References; Captions. Since the Parties or their agents have 41 participated fully in the preparation of this Agreement, the language of this Agreement shall be 42 construed simply, according to its fair meaning, and not strictly for or against any Party. Any 43 term referencing time, days or period for performance shall be deemed calendar days and not 44 working days. All references to Consultant include all personnel, employees, agents, and 45 subcontractors of Consultant, except as otherwise specified in this Agreement. All references to • 46 The City include its elected officials, officers, employees, agents, and volunteers except as 47 otherwise specified in this Agreement. The captions of the various articles and paragraphs are 9 058 I for convenience and ease of reference only, and do not define, limit, augment, or describe the 2 scope, content, or intent of this Agreement. 3 4 3.4.13 Amendment; Modification. No supplement, modification, or amendment 5 of this Agreement shall be binding unless executed in writing and signed by both Parties. 6 7 3.4.14 Waiver. No waiver of any default shall constitute a waiver of any other 8 default or breach, whether of the same or other covenant or condition. No waiver, benefit, 9 privilege, or service voluntarily given or performed by a Party shall give the other Party any 10 contractual rights by custom, estoppel, or otherwise. 11 12 3.4.15 No Third Party Beneficiaries. There are no intended third party 13 beneficiaries of any right or obligation assumed by the Parties. 14 15 3.4.16 Invalidity; Severability. If any portion of this Agreement is declared 16 invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining 17 provisions shall continue in full force and effect. 18 19 3.4.19 Prohibited Interests. Consultant maintains and warrants that it has not 20 employed nor retained any company or person, other than a bona fide employee working solely 21 for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 22 paid nor has it agreed to pay any company or person, other than a bona fide employee working 23 solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration 24 contingent upon or resulting from the award or making of this Agreement. For breach or 25 violation of this warranty, The City shall have the right to rescind this Agreement without 26 liability. For the term of this Agreement, no member, officer or employee of The City, during 27 the term of his or her service with The City, shall have any direct interest in this Agreement, or 28 obtain any present or anticipated material benefit arising therefrom. 29 30 3.4.20 Equal Opportunity Employment. Consultant represents that it is an equal 31 opportunity employer and it shall not discriminate against any subcontractor, employee or 32 applicant for employment because of race, religion, color, national origin, handicap, ancestry, 33 sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 34 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff 35 or termination. Consultant shall also comply with all relevant provisions of The City's Minority 36 Business Enterprise program, Affirmative Action Plan or other related programs or guidelines 37 currently in effect or hereinafter enacted. 38 39 3.4.21 Labor Certification. By its signature hereunder, Consultant certifies that it 40 is aware of the provisions of Section 3700 of the California Labor Code that require every 41 employer to be insured against liability for Worker's Compensation or to undertake self- 42 insurance in accordance with the provisions of that Code, and agrees to comply with such 43 provisions before commencing the performance of the Services. 44 • 45 3.4.22 Authority to Enter Agreement. Consultant has all requisite power and 46 authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 47 warrants that the individuals who have signed this Agreement have the legal power, right, and 48 authority to make this Agreement and bind each respective Party. 10 059 1 •2 3.4.23 Counterparts. This Agreement may be signed in counterparts, each of 3 which shall constitute an original. 4 5 3.5 Subcontracting. 6 7 3.5.1 Prior Approval Required. Consultant shall not subcontract any portion of 8 the work required by this Agreement, except as expressly stated herein, without prior written 9 approval of The City. Subcontracts, if any, shall contain a provision making them subject to all 10 provisions stipulated in this Agreement. Parties understand both the Consultant and Executive 11 Information Services (EIS) are providing computer software and services in the fulfillment of 12 this agreement. 13 14 15 16 17 11 0 • 1 2 IN WITNESS WHEREOF thearties have executed this Software License ense and Services 3 Agreement as of the Effective Date. 4 5 COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 6 7 8 9 10 THE CITY OF ATASCADERO ABBEY GROUP CONSULTANTS 11 12 13 14 15 16 By: By: 17 (John Ab ey 18 Atascadero City Manager President 19 20 21 ' •22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 12 061 • EXHIBIT "A" • SCOPE OF SERVICES Computer Assisted Dispatch (CAD), Records Management System (RMS), and Community Policing/Problem Solving System (COPPS) The following major software sub-systems are to be provided by consultant. Computer Assisted Dispatch (CAD) Security CAD 2000 incorporates security logic to insure that only authorized individuals can perform operations at authorized workstations. The workstation remains inoperative until an operator logs on with a valid position indicator and password. The password is not shown on the screen. If the workstation is physically secure, the password may be omitted. Once logged on to a workstation, all activity at that workstation is associated with the identified operator. This information is also logged in associated event and resource files. During shift changes, a new operator can simply log-on to the position and assume all duties at the workstation; it is not necessary for the departing operator to log-off. CAD 2000 incorporates facilities to allow dynamic and flexible configuration and assignments within the communications center. On-line Help Information • CAD 2000 incorporates multiple levels and types of help information. Context sensitive 'help" can be accessed from the [Fl] function key. Depressing this key during data entry will show information directly related to the field you are currently entering. If the field is edited against a table, the table will be placed in a "pick list" on the screen. You can select an entry directly from the table by depressing the [RETURN] key. The selected item will automatically be placed in the entry field. Additional general purpose 'help' information is available on system operation and departmental polices. It functions as an on-line procedure manual. Selection Menu's CAD 2000 is driven by a main selection menu that resides at the top of the screen. All available commands and processing options appear on the menu. The main menu includes logical groupings for incidents, units, messages, inquiries, and other utilities and control operations. The menu can be customized for each installation. When one of these groupings is selected, additional related options are provided in a "drop down" menu that instantly appears below the main selection. Menu items may be selected by positioning the highlight in the menu with the arrow keys, or by typing the single highlighted "command" letter in the menu title. Any item can thus be selected from the menu with a maximum of two keystrokes. More frequent commands can also be assigned to function keys. Since all available operations are included in the menus, there are no "commands" to memorize. At the same time, activation of the menus is just as fast as a command line and requires even fewer keystrokes. • Screen Layout 062 The CAD 2000 display is divided into discreet areas that perform specific tasks for the operator. This contributes to the overall efficiency and ease of use of the system. The main selection menu appears across the top of the display screen. The bottom line of the screen shows position, logged on operator, and areas covered. The next line up is a message and indicator line. It has a series of indicators which describe the working environment and alert the operator to incoming messages or system failures. Separate queue indicators are included for incidents, queries, and other messages. The queue indicators flash red when messages have been sent to the workstation. They may be displayed by selecting the display option from the corresponding menu. System status indicators turn red when the workstation detects a failure in some system component. A digital clock is also included. The message line provides positive or negative feedback on all operator transactions. Operating Windows CAD 2000 divides the main display in several windows that provide specific services to the operator. The operator can toggle easily between the windows and, in many cases configure the windows to better suit specific position assignments. The main screen includes the following windows: • Primary Form • Secondary Form • E911 display . Unit Status • Status Monitor The primary form is dedicated to an incident display. It is always available and used to enter or recall active and closed incidents. The secondary form area is operator configurable for a second incident, a vehicle stop, incident comments, or query displays. The incident forms can be toggled between compressed and expanded modes. The compressed incident form shows key information about the incident, including type, location, reporting party, and comments. In expanded modes, the form covers the primary and secondary window positions. The bottom of the expanded form shows multiple tabs with duplicate incident, geofile, premise, emergency contact, assigned unit, and additional incident information. When expanded, the incident form makes it easy for operators to see all related information about the incident. The operator can hot key or use the mouse to select the additional information display required. Operators can hot-key between the dual incident windows and between the expanded and compressed displays. In addition to the two main working windows, the system uses many additional "pop-up" windows that appear as needed for short periods of time. These windows are intended for quick transactions that are handled rapidly and generally without warning. As soon as the transaction is completed, the pop-up disappears and the active main window is restored. These pop-up windows speed operations and provide room for operator information and expanded prompting. They also help eliminate the cryptic abbreviations and cramped displays used in other systems. . This feature also simplifies operation and reduces operator training time. Creating Incidents 663 Exhibit A of Professional Services Agreement A-2 Abbey Group Consultants-EIS Incidents are created by using formatted incident forms in either the main or secondary windows • of the workstation. To initiate an incident, the operator selects the item from the main selection menu or uses a function key. A blank incident format appears in the active window. The incident format prompts the operator for required information in the normally preferred order of taking information. Operators can use the tab and cursor control keys or special command key shortcuts to skip around the form. Form entry is terminated by depressing the [F12] function key. Fields with entered information are automatically edited by the system. A call type and location are required to generate an event number and create an incident in the system. Help information, including pick lists of defined table entries, can be called up at any time by depressing the [Fl] function key. The call type can be keyed to supply a default incident priority (separate for cold and in-progress calls) and to generate incidents for multiple agencies at the same time. After creation incidents are handled separately. At any time the operator may exit event entry and return to the menu by depressing the [ALT] key. This allows selection of other items such as status changes and inquiries; or allows movement to the other window to handle a higher priority incident. The operator can then return to the in-process activity and rapidly resume entry. E-9-1-1 CAD 2000 can be interfaced to Enhanced 9-1-1 systems and handles incoming ANI/ALI information automatically. Caller telephone number and location are routed to the operator • answering the phone. Current and previous E911 call information is shown in its own window and can be instantly recalled at the workstation. E911 data may be selected as the incident location, the complainant location, neither, or both and transferred directly to the incident form. The E-9-1-1 interface makes it fast and efficient for the operator to complete the entry of an emergency call. Address Verification CAD 2000 supports an internal discreet address geofile. Input locations are automatically submitted for verification and results automatically returned to the operator. If the geofile gets a "hit" it will return police beats, fire response zones, and other data to assist in dispatching police units or fire apparatus. If it does not get a hit, it will return a list of "possible" locations for operator selection Premise Information File Associated with the geofile is a premise information file. This file contains user defined information about a specific address or location. The premise records can be grouped into user defined categories and designated for a particular agency (police, fire or EMS). This file normally contains information on hazardous materials, medical conditions, registrants, etc. The premise file is searched automatically and information returned to the operator on each incident. Event Routing Once entered, events may be automatically routed to the responsible area dispatcher for • assignment of available units and subsequent processing and tracking. Routing may be based on geographic area of coverage or upon functional responsibilities, such as "traffic". 064 Exhibit A of Professional Services Agreement A-3 Abbey Group Consultants-EIS When an event is first entered, it is time stamped, logged, and placed in the unassigned event • queue and displayed on all status monitors showing the area of the event. An undispatched event safety timer is initiated on the event at the default value specified for the event type. Emergency Routing and Updates CAD 2000 includes special facilities to allow processing of emergency calls. Emergency calls can be created and routed at any time, normally before full information is taken from the caller. Emergency calls are normally broadcast to all positions. Any position can then recall the emergency incident. All positions with the emergency incident displayed, are automatically updated in real time with any new input provided by the initial operator. This unique feature of CAD 2000 allows smoother transfer of information and speeds processing of critical emergency call information within the communications center. Event Comments A special format is available to add comments to active or closed incidents. Comments may be directed to a specific event, or to all events created simultaneously or cloned from the initial event. Multiple operators may add comments or process resource activity against an event at any time without conflict. Police Dispatching Police units are assigned to an incident with the Dispatch command. Configurable algorithms are provided to allow recommended units or direct operator entry. The system may also be configured to require that the dispatcher display the incident before dispatch. Units dispatched are automatically placed in an "enroute" status. Police incidents are normally closed automatically when the last assigned unit is cleared. Fire Dispatching Fire dispatching is based on pre-defined responses and may be configured for "station" dispatching or individual apparatus. Stations may be automatically busied out on dispatch and not recommended when they are undermanned. Recommended response algorithms are based on both call type and incident location. In-station printers are supported for secondary dispatch notification and to provide "jerk and run" copies of incident information, including hazardous materials and other premise information. Flexible commands are provided to note all equipment status change times and to recall the data for relay to the units for input into fire incident reports. All times are maintained to the second. A separate fire incident number is maintained for each incident. Field Initiated Incidents On-view, vehicle stop, and subject stop commands are provided to allow rapid processing of field initiated activity. These commands create the incident, place the unit at the scene, and can also submit an automatic inquiry to connected databases. These incidents require input of minimum information and are created rapidly in a pop-up window. The full incident can be • recalled for additional details or to send backup units. Status Changes 065 Exhibit A of Professional Services Agreement A-4 Abbey Group Consultants-EIS CAD 2000 includes a complete set of commands to accommodate unit status changes. Multiple • methods are available for entry of unit status information. CAD 2000 maps user defined status codes to internal codes, allowing agencies to continue to use their own status codes. The system handles English or traditional ten codes. Special processing is included to handle radio logs. All status changes are automatically time stamped and retained in a history database for later analysis. Popup window based commands are provided for incident related dispatching, enroute, responding, and arrive (on-scene). These commands handle multiple units and, in most cases, intermixed police and fire units. A clear command is provided to capture additional information normally associated with call clearing, such as disposition codes and comments. A general purpose "status" command allows entry of both event related and user defined status conditions. This command handles a single police unit or fire apparatus and accepts all defined status conditions. In addition to the pop-up commands, a "quick status bar" on the main window is always available and allows entry of any unit status conditions. This status bar is especially useful in pursuit and other emergency situations where rapid repeated entry of radio traffic is required. Safety Timers CAD 2000 includes a full complement of safety timers. These timers include: • Undispatched Incident • Dispatch • Enroute • On-Scene All timers are keyed to call type codes or status codes. This allows different timers for hazardous events than for routine events. Expired timers are denoted on the status monitor and with a message placed in queue for the responsible dispatcher. The Status Monitor CAD 2000 incorporates status displays that are designed to keep communications center personnel constantly aware of field conditions. The status displays function automatically. Because of the speed of the system, the monitor appears never to change. Operators never see any overt movement on the screen. Annoying blanking and repainting has been totally eliminated. Summary information in status displays is logically grouped according to the structure of the communications center; i.e. by channel, area of coverage, agency, etc. An individual dispatcher may elect to display information only for groups of responsibility; for all groups, or for itemized specific groups. It is important to note that unit times shown in status displays are elapsed time, not the time that individual transactions occurred. Times are updated each second. Elapsed times make it easier • for the operator to monitor field safety or decide on unit reallocation. 066 Exhibit A of Professional Services Agreement A-S Abbey Group Consultants-EIS The top of the incident status display normally shows information on undispatched incidents • (pending calls), sorted by priority and time. The call at the top of the list is the oldest, highest priority call; normally the one the dispatcher is most concerned with. As calls are dispatched, they are removed from the pending call summary and linked to the unit status information that occupies the remainder of the screen. Police and fire can be shown on the same monitor. The operators can manually control the amount of space allocated to various displays within the status monitor. Slider bars can be moved with the mouse to resize the amount of space allocated to police units, fire units, police events, and fire events. If a section is not applicable to the position, it can effectively be eliminated. Reference Information and Utilities CAD 2000 is supplied with a number of operator utilities that help eliminate many of the notebooks and supplemental support files common in the communications center. These include, among others, a phone book, personnel directory, calendar, telephone message pad, and emergency contact list. The telephone directory utility allows operators to rapidly locate phone numbers from long lists by name or company. Operators can add or update the list. The personnel directory is configured by the system manager and contains key data on department personnel. The telephone message pad facilities operations in which communications receives all after hour calls. It can optionally be interfaced to in-house electronic mail systems. Function Keys Because of the keystroke efficiency of the menu driven interface, the use of function keys to replace long keystroke sequences is much less important than in other systems. The available function keys are allocated to window selection, display modes, and initiation of the most often used commands. Mail-Out Incident Reports A unique feature of CAD 2000 is the ability to capture complete information for selected incidents. On minor incidents or incidents that do not absolutely require a police officer to respond, CAD 2000 can capture additional data elements required for report generation. This data can then be automatically printed on a "mail out" report that can be sent to the reporting party. Space on the multi-part report is provided for victim comments and data such as a stolen property list. A copy of the report can then be returned to the Department for filing and input into records. This feature has allowed some agencies to handle over thirty percent of their total calls for service without sending an officer to the scene. This is a significant savings in manpower and money for these Departments while offering significantly improved services to the community. Mobile Digital Computers • CAD 2000 has complete support for mobile digital communications. Special provisions in dispatch and status commands, timers, and status displays accommodate the unique requirements of mobile digital computer equipped units. 067 Exhibit A of Professional Services Agreement A-6 Abbey Group Consultants-EIS Management Information System All incident and resource transactions in CAD 2000 are logged to a comprehensive historical database. This information provides complete manpower allocation and other essential management information for department administrators. This information is stored in a high performance SQL database and years of information can be stored on-line without degrading system performance. This data is directly readable by hundreds of application programs, including most word processing and spreadsheet programs. This allows departments to use their existing familiar in house PC software to do ad-hoc reporting or management analysis. CAD 2000 is also supplied with a series of standard reports that provide the most used information. These reports can be run on demand from any workstation on the network or be set to run automatically at pre-defined times. Some of the standard reports include: • Sequential Call Log • Case Number Log • Alphabetic Personnel File Listing • Operator Activity Summary • Activity By Hour Of Day • Activity By Type • Activity By Type By Reporting District • Response Time Summary • Response Time By Beat • Response Time By Reporting District • Unit Activity Summary • Unit Activity By Officer • Briefing Log • 068 Exhibit A of Professional Services Agreement A-7 Abbey Group Consultants-EIS Records Management System (RMS) • The Records Management System (RMS)will include complete law enforcement functionality. The RMS application includes multiple integrated modules. Each module is designed to perform a specific function, and consists of a data entry component and an information retrieval screen. Modules include: • System Security • Master Name Index • Master Vehicle Index • Personnel • Incident • Property • Accident • Citation • Arrest/Pre-Booking • Warrants • Calls For Service • Field Contact/Interview • Permits • Pawn File • • Registrants/Parolees Sex Offender Registration • Restraining Orders • Juvenile Contact • Image Catalog • Integrated Mapping • Query • Reports • Incident Approval • Case Assignment/Tracking • UCR Submission System Security Access to each module is governed by the system security component. A separate security maintenance module enables the system administrator to grant access levels of read, add, update, and delete records within the scope of each module. Master Name Index The Master Name Index is the backbone of the Records Management System. The Master Name Index is a comprehensive list of all persons that have come into-contact with the agency. Once a person is entered into the system they become a permanent part of the master name index. All • subsequent contacts with the same individual are linked to that persons record. This allows the investigator to retrieve a comprehensive record of all agency contacts with"a specific individual. 069 ` Exhibit A of Professional Services Agreement A-8 Abbey Group Consultants-EIS The master name index not only facilitates searches but also simplifies data entry. Data from the • master name index and be imported to most other modules. The system support both operator assisted and automatic linking of names to the master name index: All active modules in the system are dynamically linked to the master name index. The system automatically maintains a history of addresses, phone numbers, and other data that may change. Aliases, scars, marks and tattoos entered via any of the modules are linked to the related master name index entry. The Master Index maintenance module provides a mechanism for merging, deleting, sealing and expunging name references. Fingerprint classification is entered using this maintenance module. Investigative Alerts Alerts can be associated with an entry for Department defined purposes, such as non-disclosure or caution. Investigators can place alerts on individuals and can be automatically notified when target individuals are queried or apprehended. Master Vehicle Index Like the master name index, the Master Vehicle Index is a comprehensive list of all vehicles that have come in contact with your agency. License plate or VIN automatically links data from various modules to this index. The system stores and retrieves information related to various forms of transportation, automobiles, trucks, motorcycles, boats, etc. For investigative purposes the master vehicle index allows a broad range of search criteria, e.g. vehicle make, model, color, full or partial license plate number and other related contact • information such as a case or citation number 070 Exhibit A of Professional Services Agreement A-9 Abbey Group Consultants-EIS Community Policing/Problem Solving System (COPPS) • Problem Entry Acting as "the CAD system for problems©," PS.net/COPPS allows the dispatch call-taker, desk officers, literally any department member to instantly enter community problem data into the system. The PS.net/COPPS capture screen is presented as a "window" on any PC/workstation- based call-taker screen. The CAD/call-taker screen and the PS.net/COPPS screen can exchange data and make the transition from an"event"to a"problem entry" seamless. Internet Capability PS.net/COPPS allows the agency the option of providing the problem capture screens on the internet or on the city or county government computer network. Information can be forwarded from other law enforcement agencies, building and safety departments, child welfare, and other sources of community problems and quality-of-life issues. Problem Assignment and Tracking Once the problem or issue is assigned to a geographic policing area or special unit, the "problem investigator" is assisted in obtaining as much background on the problem as possible. PS.net/COPPS provides access to query capability of the Computer-Aided-Dispatch (CAD) and Records-Management-System (RMS). The Problem Analysis module is fully integrated with the Problem Resolution and Tracking Database to identify past or existing problems of issues which may be connected to the newly reported problem or issue. Geographic Information System PS.net/COPPS incorporates GIS support. PS.net/COPPS is designed to optimize such mapping systems as ESRI ArcViewTM. Throughout the Problem Analysis, Strategy Development, and Intervention Tracking/ Management of problems and issues, the user is assisted by computerized maps. These maps plot problem locations and areas (polygons), including crimes and calls-for- service with the interfaces to CAD and RMS. The mapping feature requires the City be an ESRI licensee. Mobile Data Support PS.net/COPPS is fully integrated with the Abbey Group/EIS mobile data system and would not require custom interfaces. • 071 Exhibit A of Professional Services Agreement A-10 Abbey Group Consultants-EIS The following additional software and services are to be provided by the Consultant: • Additional Subsystems The above pricing includes multiple sub-systems and complementary applications including: ■ Case Assignment/Tracking ■ Property/Evidence Management ■ Booking/Personnel/Case Photo Management ■ Warrant System ■ Personnel Tracking o Hire Dates/Evaluation/Special Assignments o Emergency Information o Training ■ Internal Affairs ■ Patrol Workload Management Proiect Services Project Planning. Hardware and Network specifications and assistance in design/configuration. Complete software installation and testing on the City's hardware. • Data conversion of City's legacy data. This includes reasonable efforts to convert data from agency supplied legacy data in any standard data format. System Training for CAD, RMS, and COPPS, to include: ■ System Administrator training ■ Train-the-Trainer training ■ User training Documentation for all system components that are provided by the Consultant. Remote access for support utilizing hardware and telephone connection provided by the agency. Software Customization Consultant and the City and the Consortium to develop the final system specifications, including agreed upon customization, which will include: ■ Capability to select and deselect mandatory address verification at the time of a call-for- service. ■ Ability to extract data from Consortium databases within agency defined security limits. ■ Ability to query CLETS, CAD, RMS, LAWS/LS, and Consortium databases with a single query. • Integration with Other Systems 072 Exhibit A of Professional Services Agreement A-H Abbey Group Consultants-EIS Integration of participating San Luis Obispo County "Consortium" into a multi-agency Wide- Area-Network query system for CAD and RMS. Interface to San Luis Obispo Sheriff s Office for(LAW/LS) Warrant system. CLETS Interface. Integration with standard TCP/IP format Level II API to be provided by the San Luis Obispo Sheriff s Office, on existing county-wide network. Third-party Software One licensed copy of Seagate Crystal Reports Standard Ed. v8.5. One licensed copy of AGC Patrol Workload Analyst. • • 073 Exhibit A of Professional Services Agreement A-12 Abbey Group Consultants-EIS - EXHIBIT "B" • SCHEDULE OF SERVICES The schedule of services is shown in the following diagram. This schedule may be adjusted to the date of execution of this agreement. Qtr 1,2002 ID Task Name Duration May Jun Jit Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 1 Project Start 0 days 5114 _ 2 Project Management 180 days .... 3 Facilities Preparation 45 daysMOM 4 Records Installation 45 days 5 Records Operations 0 days 914 ! 6 CAD Installation 45 days 7 CAD Operational 0 days 1116 8 Testing and Training 45 days 9 ( Final Acceptance 0 days 1 118 Specifications: Consultant will provide software maintenance and support on the Computer-Assisted-Dispatch (CAD), the Records Management System (RMS), and the Community Oriented Policing/ Problem Solving System (COPPS). Maintenance Services: The Consultant will provide the City with several maintenance and support options. Based upon the needs of the City, Consultant will propose a Service Plan and yearly cost upon the request of the City. Pursuant to this Agreement, Consultant and The City will develop a detailed initial mutually acceptable plan, to include, at minimum: Maintenance Services shall be provided by the Consultant for the amount listed below. These services will include the correction of any condition in the Consultant's software which causes a failure to execute properly and to the specifications of the system. The Maintenance Services Agreement will include installation and training of all new upgrade releases for the software covered by this agreement. Upon loading and testing new releases, Consultants will remove installed programs no longer necessary for operation of the system. Consultant's local program management will provide routine on-site or telephone contacts to maintain communication with the City. The City shall still be obligated to notify the Consultant of any System problem for which the Consultant will be responsible. Consultant will provide telephone support between 8:00 AM and 5:00 PM, Pacific Time, • Monday through Friday. Support for catastrophic software failure will be provided 24 hours per day, seven days per week. This support will include voice communication and system dial-in to a City provided system support line and modem. Exhibit B of Professional Services Agreement B-1 Abbey Group Consultants-EIS 074 Basic Software support price per year for the first five (5)years: CAD (15% of Software Cost) RMS (15% of Software and Interface Cost) Term: Five years (to commence after warranty term) unless terminated by The City prior to the expiration of five years. Terms: Support fee is payable yearly, in advance of each service period. Maintenance costs for services not included in technical services provisions will be $90.00 per hour(If Consultant will claim travel, lodging, meals or any other costs, the charge therefore must be itemized). 075 Exhibit B of Professional Services Agreement B-2 Abbey Group Consultants-EIS - Exhibit"C" COMPENSATION Fixed Price Components Computer Assisted Dispatch(CAD) $30,000.00 Records Management System(RMS) $40,000.00 Community Oriented Policing/Problem Solving (COPPS) No charge Patrol Workload Analyst No charge CLETS Interface $ 4,167.00 Licensed copy of Seagate Crystal Reports Standard Ed. v8.5 No Charge Total Fixed Price $74,167.00 Time and Material Components Data Conversion from Legacy Systems - $90 per/hour Not to exceed$10,000 (Billable upon completion) Payment Schedule And Contract Milestones The City shall pay to Consultant within thirty(30) days of receipt of an invoice from Consultant for each of the following events the amount shown as a percentage of the total of Fixed Software Costs ($59,167.00). Event % Payment Amount 1. Contract execution 0% $ -0- 2. Submission of Project Plan and Final Specs 10% $ 7,416.70 3. Acceptance of CAD Software 17.5% $12,979.23 4. Acceptance of RMS Software 17.5% $12,979.23 5. Completion of Administrator/User Training 10% $ 7,416.70 6. Completion of Agency Integration(WAN) 30% $22,250.10 7. Final Acceptance 15% $11,125.05 Software and Services Total: 100% $74,167.00 076 Exhibit C of Professional Services Agreement C-1 Abbey Group Consultants-EIS ITEM NUMBER: A-4 DATE: 06/26/2001 Asia o is \�cAn'�ii Atascadero City Council Staff Report — Community Services Department Disposition of Surplus City Vehicles RECOMMENDATION: Council declare the listed vehicles as surplus property and authorize the disposition of such vehicles. DISCUSSION: • The City of Atascadero currently owns fourteen vehicles, listed below, that are no longer in use. These vehicles are no longer useful to the City of Atascadero due to their age and/or condition and staff is seeking to dispose of the vehicles as indicated below. Manufacturer Model Serial number Operating Year Method of condition Disposition Ford Taurus IFACP5046NA197384 Operational 1992 Auction Ford Crown Victoria 2FACP71W9PX196509 Operational 1993 Auction Ford Crown Victoria 2FACP71W7PX196511 Wrecked 1993 Auction International Van Pelt 7172216430520 ok,very old 1972 Fire Vehicle Trade Magazine Ford Fire-Bann 2FDLF476GXMCA5598 good 1990 Fire Vehicle Super Duty 9 Trade Magazine Dodge 1984 1B7FD14T1ES282167 good Auction '/2 ton Ford 15 psngr.van 2FDKE37H6NHA4413good 1992 Auction Ford 15 psngr. van 1FDKE30H2KHB29844 non- 1989 Auction operable Dodge 15 psngr. Van 28B7KB3313FK218899 non- 1985 Auction operable Ford 15 psngr.van 1FDKE30H6KHA80793 non- 1989 Auction operable Ford 15 psngr. an 2FDKE30H4NHA44112 good 1992 Auction . Dodge Ram,van 2B5WB35ZXNK147681 Non- Auction operable Dodge Ram,van 2B6HB21Z8KK402800 benches Auction missing Chevrolet Luv CLN14A8205967 operating 1980 Auction 077 ITEM NUMBER: A-4 DATE: 06/26/2001 Staff is requesting that the City Council approve the disposition of these surplus vehicles. FISCAL IMPACT: Approval of this agreement will generate an undetermined amount of revenue for the City of Atascadero. ALTERNATIVES: No alternative ATTACHMENTS: None • 078 ITEM NUMBER: B- 1 DATE: 06/26/2001 • Isis S ® i9 e Atascadero City Council Staff Report — City Manager's Office Downtown Parking & Business Improvement Area (FY 2001-02) Confirmation of Annual Assessment RECOMMENDATIONS: Council: 1. Adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area(Fiscal Year 2001-02). 2. Authorize the City Manager to execute an agreement with the Atascadero Main Street, Inc. entitled An Agreement for Administration of Parking and Business Improvement • Area Funds. DISCUSSION: Background: The City of Atascadero established a Downtown Parking and Business Improvement Area in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places, promotion of public events, and general promotion of business activities in the downtown area. The formation and operation of a Business Improvement Area is governed by the California Streets & Highways Code (Section 36500 et. Seq.) Historically, the budget for the Business Improvement Area is submitted in conjunction with the City's annual budget. Analysis: The Streets & Highways Code requires that the "advisory board" provide a report to the City Council annually for the expenditure of funds derived from the assessment paid by businesses in the downtown area. The Business Improvement Association Board of Directors was dissolved this year and the new Main Street Board has taken its place. The Main Street organization is working toward incorporation, which is expected in the next several months. Until incorporation, the City has provided start up and operational assistance for the assessment area and has assisted in preparation of the report (attached) in conformance with State law. The report identifies the proposed improvements and activities for the area, based upon the National • Main Street Program's four-point approach. The report does not propose any changes to the area or amount of assessment. 079 ITEM NUMBER: B- 1 DATE: 06/26/2001 The Atascadero Main Street Board of Directors are proposing the following expenditures for • 2001-02: Street-scape Improvements $3,200 Winter Street Fair 2,000 Summer Concert 1,000 Mural Project 500 Attitude and Inventory Survey 200 Monthly Mixers 600 Newsletters and Publications 2,000 Total $9,500 The City Council adopted a Resolution of Intention June 12th setting a public hearing for June 26th to receive public comment prior to the assessment being collected. The Council must hold a public hearing. Following the hearing, the Council can adopt a resolution confirming the report as originally filed or as changed by the Council. Adoption of the report constitutes the levy of the assessment. City Code Section 3-11.09 permits the City to enter into an agreement with an agency to expend area revenues. The attached agreement sets forth the Atascadero Main Street Inc. as the organization responsible for spending the assessments collected from the Improvement Area consistent with City regulations. The agreement provides safeguards and has been reviewed by the City Attorney. • FISCAL IMPACT: The Assessment District collects approximately$10,000 annually in revenue. ALTERNATIVES: The City Council may set an alternative date for the public hearing. ATTACHMENTS: A. Report from Business Improvement Area B. Draft Agreement • 080 City of Atascadero Downtown Parking and Business Improvement Area • Annual Report Fiscal Year 2001-02 The California Streets and Highways Code Section 36533 requires the preparation of a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities of the Improvement Area. The report may propose changes, including, but not limited to, the boundaries of the parking and business improvement area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses. The Atascadero Main Street organization is the advisory agency to the City regarding the Downtown Parking and Business Improvement Area. In the last year the community worked to establish the Main Street organization and create a downtown revitalization strategy. This report shall be filed with the City Clerk on behalf of the Downtown Parking and Business Improvement Area for fiscal year 2001-02. 1. There are no boundary changes proposed. The boundaries are more specifically described as follows: From the South corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101, to a • point, at the intersection of El Camino Real and Rosario Ave., then easterly along Rosario Ave., to a point at the intersection of Rosario and Palma Ave., then easterly along Palma Ave. to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to the rear lot line of parcels on the south side of Olmeda Ave., then easterly to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way, to a point, then easterly to include the presently existing National Guard Armory Property, then to a point easterly to the intersection of West Mall and Santa Ysabel Ave. at the West Mall bridge, then southerly along Santa Ysabel Ave. to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Ave., then easterly from that point to the extension of proposed Highway 41, then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning. 2. Improvements, activities and their costs for fiscal year 2001-02 are as follows: a. Street Scape Improvements $ 3,200 b. Winter Street Fair 2,000 c. Summer Concert 1,000 d. Mural Project 500 e. Attitude and Inventory Survey 200 f. Monthly Mixers 600 g. Newsletters and Publications $2,000 • Total $9,500 081 City of Atascadero Downtown Parking and Business Improvement Area Annual Report Fiscal Year 2001-02 • Page two 3. Each business having a business license and are equal to the full amount of the license fee. 4. The Improvement Area has a surplus of$9,307 to be carried forward from the prior year. 5. There are no contributions to the Improvement Area from other sources. • • 08 AN AGREEMENT FOR ADMINISTRATION OF PARKING AND BUSINESS IMPROVEMENT AREA FUNDS THIS AGREEMENT is made and entered into between the CITY OF ATASCADERO, a municipal corporation, hereinafter called "City", and ATASCADERO MAIN STREET, INC., a California nonprofit mutual benefit corporation, hereinafter called"Association." WHEREAS, there was formed and established by City, pursuant to Ordinance No. 116, the "Atascadero Parking and Business Improvement Area of the City of Atascadero", pursuant to the Streets and Highways Code, and WHEREAS, under the terms of the said Ordinance, an additional charge is levied on businesses in the said Area for the purpose of: • 1. Acquisition, construction, or maintenance of parking facilities for the benefit of the area. 2. Decoration of any public place in the area. 3. Promotion of public events which are to take place on or in public places in the area. 4. General promotion of business activities in the area. WHEREAS, such purpose can best be served by an organization having available the resources, expertise and time, and reflecting the said Area's point of view, so as to facilitate the planning for, and the day-to-day administration and implementation of the said Area's activities to effectively carry out the purposes of the Ordinance, and WHEREAS, the City finds that the Association best meets these qualifications, NOW, THEREFORE, in consideration of the mutual covenants and promises • herein contained, the parties hereto agree as follows: 083 City of Atascadero An Agreement for Administration of Parking&Business Improvement Area Funds Page 2 1. City agrees that it will provide the Executive Officer or other designated • officer of the Association with an estimate of anticipated receipts of the said tax expected to be collected from the Area. 2. Association agrees that, based on such estimate, it shall prepare and submit to the City Council, no later than June 1 of each year, a report pursuant to California Streets and Highways Code Section 36533setting forth in general terms the planned activities, programs and events, and the estimated expenditures therefor, for the ensuing year. After acceptance of such report by the City Council, the City agrees to disburse said charge receipts from the "Atascadero Parking and Business Improvement Area Fund"to the Association as hereinafter set forth. 3. Association agrees that at the conclusion of the first year of its services hereunder, and thereafter, it will at the same time as it submits the aforesaid report to City Council, also submit a report to it describing in general terms its actual activities and expenditures during the preceding year. 4. Association agrees that it will use its best efforts to develop, implement, promote and administer programs within the purposes authorized by the said Ordinance for the benefit of the said Area and all businesses paying the said charge. 5. Pursuant to the terms of the said Ordinance, City shall collect the said charge at the same time and in the same manner as the general business operations tax, depositing such collections in a special fund to be known as "Atascadero Parking and Business Improvement Area Fund." Disbursements therefrom shall be made by City to Association annually on July 1 the full amount collected in the previous fiscal year. 6. Association represents and covenants that subject only to reasonable rules and regulations, membership in Association is open to any business in the Area paying the said charge. • 084 City of Atascadero An Agreement for Administration of Parking&Business Improvement Area Funds Page 3 • 7. Association agrees that it shall hold at least one meeting a year for the purpose of considering the proposed Area budget and the activities incident thereto, which shall be a public meeting open to representatives of all businesses in the Area paying the said charge. 8. Association agrees to keep all necessary books and records in connection with the services performed under this Agreement, and agrees to make them available to the City's Administrative Services Director or his/her designated representative at all reasonable times for audit purposes. Association furthermore agrees to provide, at no cost to City, an annual financial report of Association's financial records. 9. Association agrees to hold City harmless from, and indemnify City for, any liability or injury to any persons or damage to any property arising out of the performance of activities under this Agreement by the Association, the employees, . officers or agents of Association. Association shall provide a Certificate of Liability Insurance in the amount of $1,000,000 naming the City of Atascadero as an additional insured within thirty (30) days of signing of this Agreement. 10. The term of this Agreement shall be for one year from July 1, 2001 through June 30, 2002, and thereafter shall be automatically renewed for additional one- year terms unless one of the parties gives written notice to the other of its desire not to renew at least thirty (30) days before the end of the term. Provided, however, that the Agreement may be terminated by either party after sixty (60) days written notice to the other. In the event of such termination, Association shall account to the City Council, as under Paragraph 3 above, no later than thirty (30) days prior to the termination date, and simultaneously therewith remit to City any unexpended funds in its possession. 085 City of Ataseadero An Agreement for Administration of Parking& Business Improvement Area Funds Page 4 IN WITNESS WHEREOF the parties hereto execute this Agreement in • Atascadero, California, this day of , 2001. APPROVED AS TO FORM: CITY OF ATASCADERO By: Roy A. Hanley, City Attorney J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk ATASCADERO MAIN STREET, INC. B • y• Eric Koberl, President ITEM NUMBER: B-2 DATE: 06/26/2001 6 MINI 1. Y As.9 Y8]8 Atascadero City Council Staff Report — Public Works Department Sewer Service Charges Placement on the 2001-02 Property Tax Rolls RECOMMENDATION: Council approve the draft Resolution, adopting service charges to be added to the 2001-02 property tax rolls, at the conclusion of the Public Hearing. DISCUSSION: • City Ordinance provides for the collection of sewer service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984. The attached resolution has been prepared to accomplish the necessary collection through the 2001-02 property tax bills. There is no increase in the sewer service rates. A Notice of Public Hearing has been published noticing this action. The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July 13th deadline. FISCAL IMPACT: The City will bill $1,384,996.82 in sanitation service charges for Fiscal Year 2001-02. ATTACHMENTS: Draft Resolution 087 DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2001-02 PROPERTY TAX ROLLS WHEREAS, Council has duly held a public hearing concerning the addition of the 2001- 2002 service charges to the 2001-02 property tax bills; and WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: • Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth; and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties is the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5. This resolution is approved by at least a two-thirds vote of said Council. • 088 • Draft Resolution Page 2 On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson J. Michael Arrambide City Clerk Mayor • 089 ITEM NUMBER: B-3 DATE: 06/26/2001 • 1818 ® 1979 Atascadero City Council Staff Report - Community Development Department Tentative Tract Map 2000-0001 (Tract 2396) Road Abandonment 2001-0003 (Rancho De Paraiso / San Gabriel Road / Portal Road / Escondido Road area) RECOMMENDATIONS: The Planning Commission recommends: 1. The City Council adopt Draft Resolution A, certifying the proposed Mitigated Negative Declaration 2001-0006; and, • 2. The City Council adopt Draft Resolution B, approving Road Abandonment 2001-0003, a request to abandon a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road colony right-of-way, based on the appropriate findings and subject to the Conditions of Approval; and, 3. The City Council adopt Draft Resolution C, thereby approving Tentative Tract Map 2000-0001, a request to subdivide 69.39 acres into 17 lots, based on the appropriate findings and subject to the Conditions of Approval. REPORT-IN-BRIEF: A residential subdivision of 10 existing colony lots totaling 69.39 acres into 17 lots and a road abandonment application requesting the abandonment of a portion of the Portal Road colony right-of-way and a realignment and improvement of the Escondido Road colony right-of-way. The project will involve the construction of 16 new homes with 6 new homes accessing from Portal Road, 5 homes accessing from Escondido Road, 4 new homes and one existing home accessing from an existing driveway on San Gabriel Road, and one home with direct access onto San Gabriel Road. The project will include the improvement of Escondido Road connecting it to San Gabriel Road. The extension of Escondido Road will require the crossing of a blue line creek. The public improvements required for the project will require the removal of several native trees. Two open space easements are proposed as part of the project totaling 13 acres +/- and an emergency access road will provide a connection between the terminus of Portal Road and the extension of Escondido Road. 091 ITEM NUMBER: B-3 DATE: 06/26/2001 SITUATION AND FACTS: • 1. Applicant: Rancho De Paraiso, Harry and Yolanda Larsen, 6250 San Gabriel Road, Atascadero, CA 93422 805-466-0932 2. Representative: Wilson Land Surveys, 7400 Morro Road, Atascadero, CA 93422 Phone 805-466-2445 3. Project Address: 6250 San Gabriel Road, CA 93422, San Luis Obispo County / APN 054-192-004, 054-192-005, 054-191-025, 054-192- 017, 054-192-018, 054-191-026, 054-191-027, 054-191- 020, 054-191-021. 4. General Plan Designation: Suburban Single Family 5. Zoning District: Agriculture 6. Site Area: 69.39 acres (gross) 7. Existing Use: Developed with a single family residence and accessory agriculture buildings. 8. Environmental Status: Proposed Mitigated Negative Declaration posted March 22, • 2001. Site description: The property is developed with one single-family residence and a barn, the remainder of the project site is used for grazing cattle. The site has varying topography and is covered with native oak trees. A significant swale/ravine separates the site in half with a pond located at the south end of the ravine. There is a blue line creek that follows along the south property boundary adjacent to Escondido Road. Summary: The proposed project was considered by the Planning Commission on April 17, 2001. The Planning Commission recommended the City Council approve the project subject to the amended conditions of approval contained in the attached Resolution No. 2001-0015. There were several items that were discussed at the Planning Commission in regard to staff's proposed conditions of approval. Listed below are conditions that were added, removed, or revised based on the discussion at the Planning Commission meeting. The Planning Commission meeting minutes and resolutions of approval are included as attachments to the staff report. Conditions Added: 85. The private accessway serving lots 2, 3, 4, 5, and 6 shall be narrowed from 20-feet to 16- feet to minimize tree removals.' • 092 ITEM NUMBER: B-3 DATE: 06/26/2001 • 86. The applicant and the City Engineer shall work together on a fair financial agreement for the off-site public improvements listed in conditions 57 — 72. The financial agreement and terms of the agreement shall be presented to the City Council. Conditions Removed: 9. The Portal / Escondido emergency access easement shall also be designated as a public pedestrian access easement on the final map. 10. The blue line creek crossing shall be constructed utilizing a either a bridge crossing or a culvert with headwalls that will span the creek. Significant fill material shall not be allowed within the creek channel. 32. Escondido Road shall be improved to allow for safe two-way travel from the intersection of Portal/Escondido Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road. 33. Portal Road shall be improved to allow for two-way travel from the Portal/Escondido Road intersection to the terminus of Portal Road. (Conditions 32 and 33 were both duplicated in Public Works Department project conditions of . approval and the Negative Declarations mitigation measures.) Conditions Revised: Condition#11: Tree mitigation requirements were revised to eliminate the monetary contribution to the tree mitigation fund in lieu of the dedication of 13+/- acres as tree conservation easements. The 100 native tree replacements are still required to be planted on-site. DISCUSSION: Analysis of Planning Issues: Road Abandonment: The applicant is proposing to abandon approximately 1/2 mile of the Portal Road Colony right-of- way. The project would cul-de-sac Portal Road instead of extending it to connect with Escondido Road. The improvement of Portal Road within the established right-of-way would require significant grading and improvements along the ravine that bisects the project. • 093 ITEM NUMBER: B-3 DATE: 06/26/2001 •I tdrLX 12 e� D \` If LW 17J LOT is Portion of Portal Road proposed / \ �. to be Abandoned. , LOT 5 �-- \ M 4P1 ~ SEE DETML Emergency Access Road VROMC SCAN - - �_ •Mid w\ � I \ .LLO'� I MI�M1 w= •LCT..i 'wp[p.�� �MCEl l Staff has two concerns with the proposed abandonment that have been addressed in the project design. One concern is emergency ingress and egress. If Portal Road were abandoned with no vehicular connection provided to Escondido Road there could be the possibility of residents • being left without egress in a fire/emergency situation. The project as designed, will provide an improved emergency access connection to Escondido Road. The emergency access road will be required to be improved to City Fire Department standards and a maintenance agreement for the road will be required to be recorded. The agreement will ensure long term maintenance of the road. Staff was also recommending that the emergency access road be recorded as a pedestrian easement. The abandonment of Portal Road will eliminate public access that potentially exists today. The pedestrian easement would mitigate the abandonment of the existing Portal Road right-of-way and would provide a benefit to the public by providing an improved pedestrian link between Portal Road and Escondido Road. However the pedestrian easement was removed from the project description at the Planning Commission public hearing California Streets and Highways Code: Under Section 8331 of the California Streets and Highways Code, a street may be abandoned if the following conditions exist: The street has been impassable for vehicular traffic for a period of five consecutive years and no public money was expended for maintenance on the street during such period. The Streets and Highways Code also requires that the abandoned road not cut off access to a person's property which adjoined a street or highway. The property that encompasses the right-of-way to be abandoned is under contiguous ownership and will not cut off access to any person's property. The proposed abandonment is consistent with the state requirements for Summary Vacation • because the portion of right-of-way to be abandoned is a paper road and has never been 094 ITEM NUMBER: B-3 DATE: 06/26/2001 . constructed or maintained for road purposes. The road abandonment will be required to be recorded concurrently with the tract map. Subdivision Design: The project proposes the creation of 17 parcels where 10 currently exist. The minimum parcel size is 2 '/z - 10 acres based on performance standards. Because the project is so large and has varying topography the following method was used to determine minimum lot size: Each lot has a set of criteria for the following values: distance from the center of the community, septic suitabilityl, condition of access, and general neighborhood characteristic. Staff then incorporated the slope factor of each newly created parcel into the already set criteria to determine the minimum size of each lot. As a result, each lot ended up with a unique minimum lot size calculation. The minimum parcel size calculation ranged from 3.16 to 4.66 acres. The actual lot sizes are between 3.25 and 6.39 acres. (See Attachment B) The lot configurations have been designed to follow the topographical features to the extent possible thereby minimizing grading, provide building sites under 20 percent, avoiding native tree removals, and meeting minimum lot size requirements. All lots will have adequate access. Additionally, the project has proposed two tree conservation easements totaling 13 acres +/-. The tree conservation easements will preserve two significant oak woodland habitat areas. One easement will preserve a significant ravine area with several large native trees and an . "intermittent pond." The other easement will preserve an area that is heavily wooded with large native oaks on the northern portion of the project area. Both of these easements will provide a long term benefit to the area and will ensure that once these properties are sold, tree removals will not be permitted within the conservation easement areas. os Existing Tree Conservation Easement Proposed Tree Conservation and Open Space Easements Staff has conditioned the project that prior to the recordation of the final map, engineered septic systems for each lot will be required to be submitted. It was staffs opinion that in order to perform the percolation tests on the site, • there would be a significant amount of site disturbance related to those sites. Staff did not deem it necessary to disturb the area, until the parcel configuration and density were approved by the City Council. Staff used information from the Soil Conservation Service data and compared that data to percolation tests on neighboring properties with the same soil type to arrive at the"slow" percolation rate used in the minimum lot size calculations. 095 ITEM NUMBER: B-3 DATE: 06/26/2001 t sx x r ,10 We h y x x , + a s*xa �- y A x -66 fl , A"V x�" �# x z s ai ✓ Bottom of the Ravine (Open Space Easement) General Plan and Zoning Consistency: The General Plan and Zoning Ordinance have conflicting designations for the subject property. The General Plan identifies the property as Suburban Single Family while the City's zoning map has it identified as an Agriculture zoning district. If the Zoning Map correctly mirrored the Land Use Diagram it would be in the Residential Suburban zoning district. A City-initiated application for a zone change to change the zoning district to Residential Suburban from Agriculture is being processed concurrently with the application; however, it is a separate application and the zone change approval is not required to approve the tentative tract map and the road abandonment. Staff used the performance standards that are outlined in the General Plan for the Suburban Single Family land use designation to calculate the minimum lot sizes and used the criteria outlined in the General Plan when determining that the newly formed parcels were consistent with the General Plan. The project is consistent with the Suburban Single Family General Plan designation. • 096 ITEM NUMBER: B-3 DATE: 06/26/2001 • Grading: The General Plan encourages the preservation of the contours of the hills and states that buildings built on hillsides shall conform to the topography using the slope of the land as the basis of the structure. This primary goal of the City's General Plan is difficult for staff to implement without having agrading ordinance in effect. Staff has conditioned the project such that the placement of the new homes be consistent with the Building Site Details submitted for the project. The building sites on the details are limited to areas under 20 percent slope. Additionally, the project conditions require the building envelopes to be delineated by a survey point and corresponding radius on the final map. If future construction on a lot is inconsistent with the "Building Site Details" or requires more than 8-feet of cut or fill (see discussion below) a Precise Plan application will be required to be approved for the residence. The project has also been conditioned to try to limit the future grading that will occur to create building sites. The following condition has been added to the project: The maximum grading permitted on any site shall not exceed 8 feet in overall height (cut or fill) measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad, a second floor or split level shall be used. Yard areas shall be minimized to reduce the amount of cut or fall required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. • �l..vwY GTt'b ?b 1 CWP uac-5 Gr I �izi�lr['TgD '1 Z11 ILh�� L�XtETf1.lCa Ex/-'�P6 t-klr'( GTC4� i 6-rw-4 WAk.-- rt 7A/d.c�PE �l4¢-RwY� !z-F�E-� p�-[utzaao �fe�w�cLvt�1�w�ipKGa1 • 097 ITEM NUMBER: B-3 DATE: 06/26/2001 • Circulation and Traffic Issues: The construction of additional residences will create an increase in traffic on three streets. One residence would be expected to generate about ten trips per day. The addition of 16 homes will result in 160 trips; 50 of those traffic trips will access directly onto San Gabriel Road by a private access drive. The other 110 trips will access San Gabriel Road by using Portal Road to Escondido Road (60 trips) and Escondido Road only (50 trips). Based on the number of existing colony lots, the traffic trips generated by this project will be 70 (seven new lots). A circulation benefit of the project is that Escondido Road will be connected to San Gabriel Road which is a collector street. The General Plan states that the function of collector streets is to "funnel" traffic from local access roads to the arterial road network. In the general area of the project, San Gabriel Road, San Marcos Road and Santa Lucia Road are all designated as collector roads in the General Plan's Circulation Element. The circulation connection of Escondido Road to San Marcos Road will significantly reduce the traffic trips on the Portal/Escondido Road to San Macros Road circulation route and reroute them to the new portion of Escondido Road and San Gabriel Road. The circulation improvements are consistent with the City's General Plan Circulation Element and the improvement of Escondido Road is a requirement of the project. The function of San Gabriel Road as a collector street is to "funnel" the traffic to either Highway 41 directly, or El Camino Real by the connection to Santa Lucia Road. Although the completion of Escondido Road will change traffic patterns, the • redistribution of existing traffic levels onto San Gabriel Road through Escondido Road is consistent with the circulation pattern identified in the General Plan and Escondido Road is an original colony road that is required to be constructed. Section 7.5 of the General Plan Circulation Element identifies the extension of San Gabriel Road to connect with Santa Lucia as a circulation program that should be completed. This connection was completed in the beginning of 2000. Prior to the extension of San Gabriel Road, traffic on the northwesterly portion of San Gabriel Road was limited to local traffic. This connection to Santa Lucia increased the traffic on San Gabriel Road. However, the General Plan specifically identifies that the function of collector streets, including San Gabriel Road, is to carry traffic to arterial streets. Escondido Road is a local street, that when constructed and improved to San Gabriel Road will provide an important circulation and public safety connection. The anticipated result will be a split trip distribution between Escondido Road and Monita Road, which is consistent with the function of a local street. The project will redistribute some existing traffic (depending on destinations) onto San Gabriel at the Escondido intersection instead of the Monita Road intersection. Fire Access: As discussed previously in the Road Abandonment portion of the staff report, an emergency access road will be provided connecting the terminus of Portal Road to Escondido Road. This connection will provide a benefit to the residents that are currently in a situation that could be • considered unsafe during a fire incident and will ensure that the future residents in the area have a safe way out if there is a fire coming from the northwest. 098 ITEM NUMBER: B-3 DATE: 06/26/2001 r The existing driveway off of Santa Lucia Road is in excess of 2130-feet. The Fire Department standards typically do not allow a dead end road of this length. Staff had originally requested that an emergency connection similar to the Portal/Escondido emergency access be provided from the San Gabriel Road driveway connecting it to Escondido Road. The applicant was not in favor of this condition and the Fire Department's requirements were satisfied by adding a condition that all structures attached and detached that access from the San Gabriel Road driveway will be required to be equipped with residential fire sprinklers. All driveways and access roads will be required to meet the City's Fire Department standards. Those standards are as follows: No driveway or access road shall exceed 20 percent slope: Width and Turnouts: Access Roads: Residential 16-feet wide for two way traffic, with turnouts every 400- feet. Driveways: 12-feet wide for one-way traffic Clearance: Minimum Height Clearance: 13'-6" Surface: Under 12 percent: All weather surface 12 —20 percent: Non-skid surface (All driveway/access roads with a grade greater than 16 percent and less than 20 percent shall receive approval by the Fire Chief. Tree Removals: Native trees will be removed for the construction of the improvements on the site. The applicant will be required to mitigate the tree removals as prescribed in the Atascadero Native Tree Ordinance. There are several significant native trees near the proposed construction activity that will not be removed. The tree protection shown on the site plan is insufficient and does not adequately address how the trees will be protected. The project has been conditioned to provide a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size, species and condition of the trees. The project has been conditioned to require a pre-construction meeting to be held with the contractor, city staff, and the arborist to make sure that all parties understand the tree protection standards and the tree protection is adequately in place. Thirty-six native trees were proposed to be removed to widen the existing driveway (located at 6250 San Gabriel Road) to serve four new houses. The driveway is currently 12-feet wide and originally was proposed to be widened to 20-feet to meet the City's rural local road standards. The access road is not required to be widened to 20-feet and the Planning Commission revised 099 ITEM NUMBER: B-3 DATE: 06/26/2001 the conditions to allow the accessway to be widened to 16-feet instead of 20-feet. The applicant • and project engineer have stated that the decrease in the width of the road may save several native trees. To of the DrivewaW Z,y y ' Wk c � s � r ah2 t' r�� mks r' ✓ r �^P xymHlk.C' 4 It � I H idi ` y ; t ''0o- IVE v ; xM g 3 F <w trams`rs> . Jkr � s Y p 4 Bottom of Driveway As illustrated in the pictures on the previous page, several large native oaks will be required to be removed to widen the existing driveway. Several trees will also be impacted by the construction activity. A condition of the project is that the applicant will be required to submit a tree protection plan prepared by a certified arborist. Additionally, staff is recommending that the • driveway plans be revised to incorporate retaining walls where possible to preserve existing trees and reduce impacts to trees that are not required to be removed. There are several areas on the 100 ITEM NUMBER: B-3 DATE: 06/26/2001 common driveway plan where the applicant can incorporate retaining walls and reduce the height of the cut and fill slopes. The rest of the tree removals can be broken down as follows: One native tree will be removed for the construction of the access drive to Lot 3; one native tree will be removed for the construction of the extension of Escondido Road to San Gabriel Road (the plan shows that t-VN-o trees will be removed, however staff has required that the location of the road be adjusted to preserve a 30" white oak); one tree will be removed for the construction of the Fire Department emergency access road between Portal Road and Escondido Road; and five native trees will be removed for the construction of the accessway serving the three lots off of Escondido Road on the easterly portion of the project (closer to the San Gabriel intersection). Wilson Land Surveys 7400 Mono Road AbemdcM CA 93422 (805)466-2445 Fax(805)466-0812 Emil 16571@9wg id.net To:The City of Atasmdero Date:10-26-00 Project:Tentative Tract 2396(Rancho de Paraiso,LLC) Tree Removal List Size Type #To be removed 8• Uve Oak 1 9• Live Oak 1 • 1Live Oak 1 144" Live Oak 1 18" Live Oak 3 18" Live Oak 1 Zr Live Oak 1 24" Live Oak 1 38• Live Oak 1 8• White Oak 2 7• White Oak 1 8• White Oak 3 10• White Oak 5 12" White Oak 2 14" White Oak 4 15" White Oak 2 18" White Oak 5 18" White Oak 2 19" White Oak 1 20• White Oak 2 48» White Oak 1 28• White Oak 2 30" White Oak 1 34" - White Oak 1 Si f Ken Wilsod Staff originally recommended that a total of 100 native trees be replanted on the site and a payment of$14,650 be made to the tree mitigation fund as mitigation for the tree removals. The • Planning Commission amended the mitigation to count the tree conservation easements as adequate mitigation for the tree mitigation in-lieu fees, but still required the 100 replacement trees. The tree replacements are required to be included in the revegetation plan that will be _ , 101 ITEM NUMBER: B-3 DATE: 06/26/2001 submitted prior to the issuance of the building permits to install the roads. The tree conservation easements will be recorded on the Tract Map. The applicant is requesting that the Council reconsider the tree mitigation requirements that were recommended by the Planning Commission. The applicant would like to have the required tree replacements reduced based on the number of trees that will be preserved due to the design change (decrease in -Vvidth) of the existing driveway. Tree Mitigation Table Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 191-inches 11 trees 494-inches 33 trees 44 Trees Total 191-inches Total 494-inches 685-inches Mitigation Requirement req'd tree replacements: 64 five gal trees req'd tree replacements: 329 five gal trees 393 five gal trees OR Tree Fund $3, 183.33 $16,466.67 $19.650.00 Proposed Replanting 18 five gal trees Proposed Replanting 82 five gal trees 100 five gal trees (54-inches removed) 132-inches removed Tree C Rd Paymellt� $ _ 2,283.33 Tree.C Rd Paymept $ 1-2,36 $ 14,650.00 13+/-Acres Tree Conservation Easement Blue Line Creek Crossing: Wo W1 IIIIIIIIII�X* ! Creek Crossing Location Possible Design Solution r 71 � R f4 p Not a Preferred Alternative 102 ITEM NUMBER: B-3 DATE: 06/26/2001 • The project will require the crossing of a blue line creek for the improvement and extension of Escondido Road to San Gabriel Road. The crossing has been designed to install a 54" culvert along with approximately 10-feet of fill material to make the crossing. Staff has submitted the plans for review to the Department of Fish and Game and the Army Corps of Engineers. The Army Corps of Engineers has responded that the project may be within their jurisdiction, and because of the disposition of fill into the creek, the project may require a 404 Permit. A 404 Permit is required by the Army Corps of Engineers when fill material is discharged into waters of the United States. A condition has been added to the project that the applicant shall submit verification of the approval of the 404 Permit or a written statement from the Army Corps of Engineers that because of a revised design of the crossing a 404 Permit is not required. The project will also be required to receive approval of a Streambed Alteration Agreement from the Department of Fish and Game. A similar condition has been included that the applicant shall provide staff with a copy of the Streambed Alteration Agreement or verification from the Department of Fish and Game that the crossing is not within their jurisdiction and a Streambed Alteration Agreement is not required. Public Improvements: Approximate ocation of he pr 1-de- sac Po io orta[Ro o sed to be aband Pr�rL�l Rd3 G7� Beginning Public co�aiva,yu' Improvemen The project has been conditioned by the City Engineer to provide on-site improvements as well as off-site improvements. The parcels highlighted above indicate the locations where the off-site improvements will begin on Portal Road and Escondido Road. Both roads will be improved to 1133 ITEM NUMBER: B-3 DATE: 06/26/2001 Rural Hillside Local Standards (see diagram below). Escondido Road will be improved from the highlighted parcel (10635 Escondido Road) to the intersection of San Gabriel Road, and Portal Road will be improved from the highlighted parcel (10630 Portal Road) to the new cul-de-sac. The applicant expressed concern regarding the cost of the off-site public improvements required for the project. It was the applicant's position that they should not bear the entire burden of the costs of those improvements. After much deliberation, the Planning Commission recommended that the applicant and the City Engineer work together to come up with a Fair Financial Agreement for the cost of the off-site public improvements. Rural Hillside Local City Standard 402 MINIMUM R/W: 40' EXISTING ROADS 50. NEW ROADS 28' 2' 4' 10' 10' 2' OE �1gZ. OR 2" MIN. TYPE GSR "B" A.C. (TYP.) �. 2R 2x i%* P 1%, * SHOUERS TO ASPHALT DIKE AND PAVED 0P� WHERENEEDED 80 CONTROLD DRAINAGE OR EROSION. �c NOTE: AS AN ALTERNATE THE 6" MIN. CLASS II CHOKER CAN BE ELIMINATED AGG. BASE (TYP.) AND THE AGG. BASE CARRIED TO THE HINGE POINT. The applicant's engineer assessed the cost of the required off-site improvements to be $78,390. The applicant's engineer reported that the proposed new parcels would comprise 40 percent of the parcels that take access off Portal Road and Escondido Road. The developer is willing to pay 40 percent of the off site cost which is $31,500. The City would be responsible for $46,890 based on this proposal. Escondido Road is a non-City-maintained road. The City policy is to not fund improvements on non-City-maintained roads. Listed below are alternatives to funding the off-site improvements: 1. Require the developer to fund the entire off-site improvements. Developer Costs: $78,390; City Costs: $0. 2. Do not require the developer to construct the off-site improvements. The off-site road in • question is narrow and the asphalt surface is failing. The traffic volumes will increase 104 ITEM NUMBER: B-3 DATE: 06/26/2001 is' considerably when Escondido Road is extended to San Gabriel. The public that will use this road will request that the City repair it. Developer Costs: $0; City Costs: Unknown. 3. City to participate in a percentage cost sharing of the off-site improvements. This is against the City policy of not funding improvements on non-City-maintained roads. Developer Costs: $31,500; City Costs: $46,890 4. Waive the Street and Bridge Fee on the construction of the new homes. Estimate based on 11 homes at 3,000 sf/each. Developer Costs: $53,739; City Cost: $24,651. 5. Require the developer to maintain the portion of Escondido Road that is being constructed or reconstructed through a road maintenance agreement or assessment district. The City could participate in a percentage cost sharing of the off-site improvements since a mechanism would be in place to maintain the road. Developer Costs: $31,500 plus future maintenance costs; City Costs: $46,890. The City Engineer is recommending that the City Council Consider Alternative 5. The public improvements are required to be completed prior to the recordation of the tract map. The Subdivision Map Act encourages orderly community development by providing for the • regulation and control of the design and improvement of the subdivision, with a proper consideration of its relationship to adjoining areas. The Map Act typically does not require the construction of public improvements until the time a permit or other grant of approval for the development of the parcel is issued by the local agency. The Map Act does allows the local agency to require public improvements within a reasonable time following the approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of the parcel upon a finding that the construction requirement is necessary for either: (A.) The public health and safety, or (B.) The required construction is a necessary prerequisite to the orderly development of the surrounding area. The City Engineer has recommended that the finding be made that the improvements are required for the orderly development of the neighborhood. Environmental Review: 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, staff determined 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 has recommended that the City Council certify the proposed Mitigated Negative Declaration. • 105 ITEM NUMBER: B-3 DATE: 06/26/2001 CONCLUSIONS: • The subdivision is consistent with the General Plan and the parcel configurations are consistent with the Subdivision Ordinance requirements. The size and shape of the lots proposed are consistent with the character of the immediate neighborhood, the public improvements can not be redesigned to meet fire safety standards and avoid the need for the tree removals, and the completion of the public improvements prior to the recordation of the final map are necessary for the orderly development of the neighborhood. If approved, the project would allow for the construction of sixteen new single-family residences. The map should be approved as conditioned. FISCAL IMPACT: The project would likely have a negative impact on City revenues. As a general rule, single- family dwellings require services that exceed the revenue generated by the dwelling. The project will also trigger the construction of off-site improvements directly related to the project totaling approximately $80,000. The fiscal impact of the improvements will be dependent on the funding alternative the City Council selects. ALTERNATIVES 1. The Council may approve the project with modifications. • 2. The Council may deny the proposed Road Abandonment 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: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Parcel Size Calculation Attachment 3 -- Planning Commission 4/17/01 Meeting Minutes Attachment 4 -- Planning Commission Resolution 2001-013 Attachment 5 -- Planning Commission Resolution 2001-014 Attachment 6 -- Planning Commission Resolution 2001-015 Attachment 7 -- City Council Draft Resolution A Attachment 8 -- City Council Draft Resolution B Attachment 9 -- City Council Draft Resolution C 106 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 1: Location Map(General Plan/Zoning) TTM 2000-0001 RAB 2001-0003 Rancho De Paraiso Project Site: 6250 San Gabriel Road,APN's 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054- 192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021 General Plan Land Use Map: SSF Suburban Single Family ESC diOO 811E1S.: Zoning Map: "A"Agriculture 5 ME 101 FF1 31, y. O 81W 107 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 2: Minimum Parcel Size Calculation TTM 2000-0001 Rancho De Paraiso WILSON LAND SURVEYS 7400 Morro Road,Atascadero CA 93422 805-486-2445(fax 805-466-0812)Email IS5571Qthegrid.net Tract 2396 Rancho D6 Paraiso Average Slope Table i LOT- LENGTH(FEET) ACRES AVG SLOPE t%) FACTOR MINUMUM SIZE 1 2325.00 4.41 30.18 1.25 3.66 2 4800.00 8.39 43.00 2.25 4.66 3 4200.00 5.13 46.87 2.25 4.66 4 1650.00 3.66 25.81 1.25 3.66 5 1762.50 3.66 27.57 1.25 3.66 6 1125.00 3.25 19.82 0.75 3.16 7 1650.00 3.66 25.81 1.25 3.66 8 2250.00 4.16 30.96 1.75 4.16 • 9 1800.00 3.66 28.16 1.25 3.66 10 2325.00 4.16 32.00 1.75 4.16 11 2100.00 4.27 28.16 1.25 3.66 12 1800.00 3.83 26.91 1.25 3.66 13 1725.00 4.09 24.15 1.00 3.41 14 1275.00 4.73 15.43 0.75 3.16 15 1425.00 3.41 23.92 1.00 3.41 16 1575.00 3.51 25.69 1.00 3.41 17 1500.00 3.41 25.18 1.00 3.41 SCALE CONTOUR INTERVAL FACTOR 150 F-- 251 -0.00229 FORMULA CI'L'0.00229/A where Cl=Contour Interval,L=Inches*Scale,A=Acres Factor For Ali Lots: Septic for all lots 1.00 Distance from center of town 025 Access condition 0.50 Average lot size 0.66 Total" 241 ' This factor is added to the average slope factor in slope table to obtain individual lot minim • 103 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 3: Planning Commission 4/17/01 Meeting Minutes TTM 2000-0001 Rancho De Paraiso 4. PROJECT DESCRIPTION: TENTATIVE TRACT MAP 2000-0001; ROAD ABANDONMENT 2001-0003: SAN GABRIEL ROAD / PORTAL ROAD / ESCONDIDO ROAD AREA: A residential subdivision of 10 existing colony lots totaling 69.3± acres into 17 lots and a road abandonment application requesting the abandonment of a portion of the Portal Road colony right-of-way and a realignment and improvement of the Escondido Road colony right-of-way. The project will involve the construction of 16 new homes with 6 new homes accessing from Portal Road, 5 homes accessing off of Escondido Road, 5 homes accessing from an existing driveway on San Gabriel Road and one home with direct access onto San Gabriel Road. The project will include the improvement of Escondido Road connecting it to San Gabriel Road. The extension of Escondido Road will require the crossing of a blue line creek. The public improvements required for the project will require the removal of native trees. Two open space easements are proposed as part of the • project totaling 13± acres and a pedestrian easement is proposed to provide a public pedestrian connection between the terminus of Portal Road and the extension of Escondido Road. General Plan Designation: Suburban Single Family; Zoning District: Agriculture; Site Address: 6250 San Gabriel Road, CA 93422, San Luis Obispo County, APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054- 192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021: Applicant: Rancho De Paraiso (Harry B. Larsen Family Trust). PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED NEGATIVE DECLARATION 2001-0006: The Initial Study has determined that the proposed project will not have a significant adverse impact on the environment when mitigation measures are incorporated into the project. A proposed Mitigated Negative Declaration of environmental impact has been prepared for the project in conformance with the California Environmental Quality Act (CEQA). The Proposed Mitigated Negative Declaration is available for public review through April 17, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Recommends: 1. The Planning Commission adopt Resolution No. PC 2001-013, recommending the City Council certify the proposed Mitigated Negative Declaration 2001-0006,- and, 001-0006;and 2. The Planning Commission adopt Resolution No. PC 2001-014, recommending the City Council approve Road Abandonment 2001-0003, a request to abandon a portion of the Portal Road colony right-of-way and the realignment of the existing 109 ITEM NUMBER: - DATE: 6-26-01 Escondido Road colony right-of-way, based on the appropriate findings and subject to the Conditions of Approval; and, 3. The Planning Commission adopt Resolution No. PC 2001-015, recommending the City Council approve Tentative Tract Map 2000-0001, a request to subdivide 69.39 acres into 17 lots, based on the appropriate findings and subject to the Conditions of Approval. Associate Planner Jamie Kirk provided.the staff report and answered questions of the Commission. Cily Engineer, Steve Kahn discussed the Dublic improvements. PUBLIC COMMENT Ken Wilson, Wilson Land Surveys, applicant's representative, gave a history of the project and discussed the benefits from the project to the City of Atascadero. Mr. Wilson expressed concern regarding the improvement conditions, which he feels could cost the applicant from $800,000 to $1,000,000. There is some duplication of conditions in the staff report and they would like to see some of these removed including: 1. Conditions 58 and 32, improvement of the roads: The applicant is willing to improve to City standards the area in front of the property including Portal and Escondido, and the building of a new road from San Gabriel up to Escondido. The applicant feels that improvements past their property line are excessive and should be the City's responsibility. (City Engineer Kahn stated that he would be in favor of removing Condition 32, but not 58.) 2. Fire Road and Public Pedestrian Easement: This would be detrimental to the subdivision and not necessary. 3. Existing driveway: Can eliminate half of the tree removals with a 16 foot wide paved road with two-foot shoulders. 4. Fish and Game approval on culvert: Requests staff to state that Fish and Game will be contacted as well as the Army Corps of Engineers, and once these agencies have given their approval, this would be all the requirements necessary to determine the type of crossing for the culvert. 5. Water Company Condition: Deferred to Russ Thompson for discussion. 6. Tree Conservation Easement: The Tree Conservation Easement and Tree Mitigation Requirements were surprising; the applicant does not feel both are necessary. They would be agreeable to the Tree Conservation Easement alone. Russ Thompson, RTC, spoke on the benefits and improvements from this project to the water system including increasing fire flow and provide a link between the San Marcos Road area and the San Gabriel area interconnecting these two portions of the Water Company's water system creating a dramatic increase in pressure in both areas. However, Condition 80 prevents the possibility of looping the water system through this route and they would prefer • to add the wording"or as approved by Atascadero Mutual Water Company." 110 ITEM NUMBER: DATE: 6-26-01 • Michael Sherer, Real Estate Broker representing the Larsen Family in the sale of the parcels, stated his concerns as follows: 1. Fire emergency access: All new homes will have fire sprinkler systems which alleviates the necessity for a second emergency access. A great concern with the fire access road is that it is incorporated into a pedestrian access and any gates installed cannot be locked. This road cuts directly through the middle of four or five of the parcels and the applicant is concerned with liability issues. 2. The road was originally a based road but now is a 20 foot wide paved road and the applicant is concerned with neighborhood reaction. 3. Tree Conservation and Mitigation: The applicant is willing to set aside 13 acres of open space, which they considered would suffice for mitigation. 4. Would like to do soil tests to see if the slope can be increased, allowing the road size to decrease to 16 feet, and thus protecting the trees. 5. The Conditions limit the maximum amount of grading to eight feet; applicant would like this increased to at least 12 feet. 6. Culvert crossing: Expenditure to build bridge could be excessive. John Neil, Atascadero Mutual Water, stated for clarification that on the existing water main • in Escondido Road, there are two, two-inch pressure reducing valves serving that line. The Water Company is amenable to allowing some flexibility in the condition regarding the overland routing. Daphne Fossi, 5105 Llano Road, inquired as to the number of trips per day on Santa Lucia. Ms. Kirk stated that staff does not have current build out information, however, the addition of this project will bring a net increase of 70 trips per day. Ms. Fossi would also like to see the driveway requirement reduced to 16 feet to save trees. Joan O'Keefe, 9985 Old Morro Road East, expressed concern with tree protection and the issue of the culvert. She agrees with the staff on their recommendations for approval. Ethan Hanson, San Gabriel Road, lives across from the project and stated his concern with the deterioration of San Gabriel Road. Chairman Eddings closed Public Comment. Commissioner Fonzi asked for an estimate on the cost to improve the road (Condition 58). City Engineer, Steve Kahn stated that there is slipping at the side of the road, but he is uncertain of the cost to repair this. A soil report is needed first to determine the cause of the slippage. Commissioner Norton expressed concern about crossing the blue line creek. Ms. Kirk stated • that under Condition 10, the applicant has the option of a bridge crossing or a culvert with headwalls. A culvert alone would require a significant amount of fill and staff does not support this approach. I 1 �. ITEM NUMBER: DATE: 6-26-01 • Commissioner Norton inquired if it would be acceptable to have turnouts periodically and a 16-foot wide road along the existing driveway. Acting Fire Chief, Kurt Stone stated that he would be open to look at this possibility. Commissioner Blaser asked if it would be possible for the applicant to agree to pay into a bond for repair of Escondido. City Engineer, Steve Kahn indicated that this could be a possibility,but he would need to have a better idea as to the scope of work involved. Chairman Eddings felt the fire easement needed further discussion. Ms. Kirk stated that staff is concerned with fire access given the location of the new houses at this site. Chairman Eddings stated he was comfortable leaving the bridge crossing up to the Department of Fish and Game and the Army Corps of Engineers. Commissioner Fonzi asked for clarification on the applicant's conception that sprinklers would eliminate the necessity for the additional fire access road. Acting Chief, Kurt Stone stated that this was not correct and discussed how fire would spread in this area. Commissioner Blaser inquired if it would be possible to restrict public pedestrian access on the fire road. Ms. Kirk stated that the Commission has the discretion to remove the • pedestrian easement from the map. Chairman Eddings led a discussion regarding the recommendations the Commission would make on this project. MOTION: By Chairman Eddings and seconded by Commissioner Fonzi to adopt Resolution No. PC 2001-013, recommending the City Council certify the proposed Mitigated Negative Declaration 2001-0006; and, the Planning Commission adopt Resolution No. PC 2001-014, recommending the City Council approve Road Abandonment 2001-0003, a request to abandon a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road colony right-of-way, based on the appropriate findings and subject to the Conditions of Approval; and, the Planning Commission adopt Resolution No. PC 2001-015, recommending the City Council approve Tentative Tract Map 2000-0001, a request to subdivide 69.39 acres into 17 lots, based on the appropriate findings and subject to the Conditions of Approval with the following amendments to Resolution 2001- 015: 1. Elimination of duplicated conditions specifically conditions 32 and 33. 2. The private accessway serving lots 2, 3, 4, 5, and 6 shall be narrowed • from 20-feet to 16-feet to minimize tree removals. ITEM NUMBER: DATE: 6-26-01 • 3. The 13+/- acres of Tree Conservation Easements shall satisfy the monetary mitigation fees required for the tree removals. The 100 tree replacements are still required to be planted on the site. 4. Eliminate conditions 9 and 10. 5. The applicant and the City Engineer shall work together on a fair financial agreement for the public improvement listed in conditions 57 — 72. The financial agreement and terms of the agreement shall be presented to the City Council. AYES: Commissioners Fonzi, Norton, Blaser and Chairman Eddings NOES: None ABSTAIN: None ABSENT: Commissioners Bentz Jeanes Kelle Motion passed 4:0 by a roll-call vote. • • 113 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 4: Planning Commission Resolution 2001-013 Environmental Determination 2001-0006 RESOLUTION NO. PC 2001-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2001-006 PREPARED FOR ZONE CHANGE 2001-0003, ROAD ABANDONMENT 2001-0003 AND TENTATIVE TRACT MAP 2000-0001 FOR 6250 SAN GABRIEL ROAD,APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. (6250 San Gabriel Road, Rancho De Paraiso) WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of • the existing Escondido Road right-of-way, and tract map to subdivide 69.39 acres into 17 lots ranging from3.25 to 6.39 acres (TTM 2000-0001). The project is located at 6250 San Gabriel Road,APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054- 191-027, 054-191-020, 054-191-021; and, WHEREAS, an application has been initiated by the City of Atascadero for a zone change to change the zoning district of the Rancho de Paraiso Tract Map area (69.4± acres) from Agriculture to Residential Suburban; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-006 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, NOW, THEREFORE, the Planning Commission of the City of Atascadero, at a public hearing held on Tuesday, April 17, 2001, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2001-006 based on the following Findings and shown on Exhibit A: . 114 ITEM NUMBER: DATE: 6-26-01 1. The proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending 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, 7. The proposed Mitigated Negative Declaration will be forwarded to the City Council, and the information therein contained will be considered by the City Council, prior to taking • final action on the project. • 115 ITEM NUMBER: DATE: 6-26-01 • BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairman Eddings, and seconded by Commissioner Fonzi, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Chariman Eddings, Commissioner's Fonzi,Norton, Blazer (4) NOES: (0) ABSENT: Commissioner's Jeanes, Kelley, Bentz (3) ABSTAIN: (0) ADOPTED: April 17, 2001 CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chair Attest: Warren Frace Interim Planning Commission Secretary • 1�� ITEM NUMBER: DATE: 6-26-01 • EXHIBIT A: Proposed Mitigated Negative Declaration 2001-0006 Resolution PC 2001-0013 TTM 2000-0001; RAD 2001-0003; ZCH 2001-0013 '10-im mail 1918 q k a is�a CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION#2001-006 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 APPLICANT: Rancho De Paraiso Harry B. Larsen Family Trust • 6250 San Gabriel Road Atascadero, CA 93422 PROJECT TITLE: Tentative Tract Map 2000-0001, Road Abandonment 2001-0003, Zone Change 2001-0013 (City Initiated) PROJECT LOCATION: 6250 San Gabriel Road, CA 93422, San Luis Obispo County/APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192- 018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. PROJECT DESCRIPTION: A residential subdivision of 10 existing colony lots totally 69.39 acres into 17 lots and a road abandonment application requesting the abandonment of a portion of the Portal Road colony right-of-way and a realignment and improvement of the Escondido Road colony right-of-way. The project will involve the construction of 16 new homes with 6 new homes accessing from Portal Road, 5 homes accessing off of Escondido Road and 5 homes accessing from an existing driveway on San Gabriel Road. The project will include the improvement of Escondido Road connecting it to San Gabriel Road. The extension of Escondido Road will require the crossing of a blue line creek. The public improvements required for the project will require the removal of several native trees. Two open space easements are proposed as part of the project totaling 13 acres +/- and a pedestrian easement is proposed to provide a public pedestrian connection between the terminus of Portal Road and the extension of Escondido Road. . The project also involves a city initiated application for a zone change to change the zoning district from Agriculture to Residential Suburban. The zone change application will change the City's Zoning Map to mirror the Suburban Single Family general plan designation shown 117 ITEM NUMBER: DATE: 6-26-01 • on the Land Use Element. The zone change will not have an affect of the future use of the property and will fulfill Section E.2 (Implementation) of the City's General Plan. 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, when mitigation measures are implemented. 3. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. DETERMINATION: Based on the above findings, and the information contained in the initial study 2001-0006 (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 project is developed in accordance with required conditions. PREPARED BY: Jamie L. Kirk,Associate Planner DATE POSTED: 3/23/01 PUBLIC REVIEW ENDS: • llg ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/ GP:Grradading PEscondido Road/Portal Road FM: i gP emit PS:Planning Services TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent FO:Final Occupancy DFG:Departnentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company Planning Services 1. Future building envelopes shall be in substantial FM PS 1.C. conformance with the"Building Site Details" submitted with the Tentative Tract Map application and attached to the initial study. The building sites shall be delineated by a survey point and corresponding radius on the final map. 2. The maximum grading permitted on any site shall not BP PS 1.C. exceed 8 feet in overall height (cut or fill) measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad, a second floor or split level shall be used. Yard areas shall be minimized to reduce the . amount of cut or fill required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. 3. If future construction on a lot is inconsistent with the BP PS 1.C. "Building Site Details" a Precise Plan application will be required to be approved for the residence. 4. The access drive to Lot 3 shall be designed with retaining BP PS 1.C. features to minimize the amount of cut and fill required for its construction. 5. The project shall be conditioned to comply with all Ongoing PS/CE 3.b. applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. 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. • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. 11J ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP:Grading Penrot PS:Planning Services TTM 2000-0001/RA 2001-0003/Zone Change 2001-0013 BP:Building Pennit BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE:Cly Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadem Mutual Water Company The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. 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. 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. 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. 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. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. 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. Wheel washers may be required when significant offsite import or export of fill is involved. 6. The applicant shall notify the Department of Fish and Game BP PS/DFG 4.b. prior to any activity occurring on the site and provide the City of Atascadero with one of the following: 1. A Streambed Alteration Agreement; or 2. Written verification from the Department of Fish and Game that the project will • not adversely affect existing fish or wildlife resources and a Streambed Alteration Agreement is not required. - 120 ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP:Grading Permit PS:Planning Services TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:BuildingPemiit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departrnentof PI:Public Improvements Fish and Game CE.City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company 7. Prior to the issuance of the building permit for the on and BP PS 4.e. off-site improvements the applicant shall submit a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 8. Prior to the issuance of the building permits for the on and BP PS 4.e. off-site improvements a "pre-construction" meeting shall be • held on site with the arborist, the grading contractor, and Community Development Department staff to review the tree protection and discuss future construction activities near the native trees. 9. Prior to the final inspection the arborist shall provide written FO PS 4.e. verification that all mitigation measures prescribed in the tree protection plan were adhered to during construction and that no trees were significantly damaged by the construction activities. 10. Development on Lot 2, Lot 3, Lot 4 and Lot 17 has the BP PS 4.e. potential to impact several native trees and future construction of homes on these lots will require the removal of several native trees. A tree protection plan prepared by a certified arborist shall be reviewed and approved by community development staff prior to the issuance of building permits on these lots. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 11. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a. The San Luis Obispo County Coroner is contacted to 121 ITEM NUMBER: DATE: 6-26-01 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP:Grading Permit PS:Planning Senrices TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:BuildingPerrnd BS:Building Services TO:Temporary Occupancy FD:Fire Departnent FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company determine that no investigation of the cause of death is required, and b.) If the Coroner identifies the remains to be Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work,for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98,or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native • American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. 12. A revegetation / restoration plan shall be prepared for all Prepared Prior PS 6.b. areas that are disturbed (removal of natural vegetation) to FM during the installation of the public improvement required Inspected prior for the project. The plan shall be prepared and inspected to FO of BP by a registered Landscape Architect. 13. Prior to the recordation of the final map engineered septic FM CE 6.e. systems with percolation tests for each lot shall be submitted and approved by the City Engineer. 14. A NPDES General Construction Permit with a Storm Water BP CE/RWQCB 8.a. Pollution Prevention Plan will be required. The Storm 8,e. Water Plan must include Best Management Practices for the control of erosion and sediment runoff. 15. All work in the stream bed shall be confined to the period Ongoing PS/CE 8.c. between June 15 and October 15, unless otherwise 122 ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road GGPP:Gadnal gPermit PS:Planning Services TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Deparimentof PI:Public Improvements Fish and Game CE:City Engineer RWOCS:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company approved by the Department of Fish and Game. 16. Any run-off from steep, erodible surfaces will be diverted so Ongoing PS/CE 8.c. as not to enter the stream. Sediment catch basins, erosion control mats, hay bales, fabric fences, or other appropriate means shall be used when such diversions are necessary. BP CE 15.d. at San M.,.606 Read and the AteFse6tieR Of EGGOR dial.. Read at San GabFqel Read. BP CE 15.d. • e€Reread- 19. Traffic speed signage shall be installed in both direction as FO of Public CE 15.d. prescribed by the city engineer and the police chief on San Improvement Gabriel Road near the intersection of Escondido Road so permit the traffic travelling onto San Gabriel from Esconido Road will be aware of the speed limit. 20. Warning signs shall be provided in hazardous locations as BP CE 15.d. prescribed by the City Engineer from the Portal/Escondido Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road. 123 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 5: Planning Commission Resolution 2001-014 Road Abandonment 2001-0003 RESOLUTION PC N0. 2001-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL SUMMARILY VACATE OF A PORTION OF THE PORTAL ROAD RIGHT-OF-WAY AND REALIGN THE ESCONDIDO ROAD RIGHT-OF-WAY PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #2001-003) WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way; and, WHEREAS, the proposed project area has a General Plan Designation of Suburban . Single Family and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the portion of the Portal Road right-of way, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on April 17, 2001 at 7:00 p.m. and considered testimony and reports from staff, the applicants , and the public; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings_of Approval. The Planning Commission recommends that the City Council find as follows: 1. The proposed project is consistent with the General Plan. 2. The portion of Portal Road right-of-way proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. 124 ITEM NUMBER: DATE: 6-26-01 • BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend that the City Council approve Road Abandonment 2001- 0003. 1. EXHIBIT A: Road Abandonment Map 2. EXHIBIT B: Conditions of Approval. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairman Eddings, and seconded by Commissioner Fonzi, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Chariman Eddings, Commissioner's Fonzi, Norton, Blazer (4) NOES: (0) ABSENT: Commissioner's Jeanes, Kelley, Bentz (3) ABSTAIN: (0) ADOPTED: April 17, 2001 CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chair Attest: Warren Frace Interim Planning Commission Secretary 125 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT A: Road Abandonment Map RAS 2001-0003 sffa- p z.::. ut LOT 17 1 I r WU -P&TAI RMS Iff" LOT 14 .... \. wr.< DETAIL SME OZ- Lff 12 L DDETAL Lur Portion of Portal Road to be ram WAY a >: Abandoned \ ti ITEM NUMBER: DATE: 6-26-01 ATTACHMENT 6: Planning Commission Resolution 2001-015 TTM 2000-0001 RESOLUTION NO. PC 2001-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDINGTHAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2000-0001 THEREBY ALLOWING a 17-LOT RESIDENTIAL SUBDIVISION OF 69.39 ACRES AT 6250 SAN GABRIEL ROAD, APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. (6250 San Gabriel Road, Rancho De Paraiso) (TTM 2000-0001). WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way, and tract map to subdivide 69.39 acres into 17 lots ranging from3.25 to 6.39 acres (TTM 2000-0001). The project is located at 6250 San Gabriel Road APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054- 191-027, 054-191-020, 054-191-021; and, WHEREAS, the site's General Plan Designation is SSF (Suburban Single Family); and, WHEREAS, the site's current zoning district is A (Agriculture);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 April 17, 2001, studied and considered Tentative Tract Map 2000- 0001, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, • NOW, THEREFORE, the Planning Commission takes the following actions: 1?8 ITEM NUMBER: DATE: 6-26-01 • Section One. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero 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 site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. 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. 6. 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. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. The site can not be redesigned to meet city fire department standards and avoid the need for the 44 tree removals. SECTION 2. Recommendation. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2001, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2000-0001) subject to the following: 1. Exhibit A: Conditions of Approval 2. Exhibit B: Tentative Tract Map 2000-0001 3. Exhibit C: Building Site Details 4. Exhibit D: Site Grading Plans 1� ITEM NUMBER: DATE: 6-26-01 • BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairman Eddings, and seconded by Commissioner Fonzi, the foregoing resolution is hereby adopted with the following amendments: 1. Elimination of duplicated conditions specifically conditions 32 and 33. 2. The private accessway serving lots 2, 3, 4, 5, and 6 shall be narrowed from 20-feet to 16-feet to minimize tree removals. 3. The 13+/- acres of Tree Conservation Easements shall satisfy the monetary mitigation fees required for the tree removals. The 100 tree replacements are still required to be planted on the site. 4. Eliminate conditions 9 and 10. 5. The applicant and the City Engineer shall work together on a fair financial agreement for the public improvement listed in conditions 57 —72. The financial agreement and terms of the agreement shall be presented to the City Council. AYES: Chariman Eddings, Commissioner's Fonzi,Norton, Blazer (4) NOES: (0) ABSENT: Commissioner's Jeanes, Kelley, Bentz (3) ABSTAIN: (0) ADOPTED: April 17, 2001 CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chair Attest: Warren Frace Interim Planning Commission Secretary • 130 ITEM NUMBER: DATE: 6-26-01 EXHIBIT A: Draft Resolution 2001-0015 • Conditions of Approval Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grading Permit PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department FO:Final Occupancy DFG:Departnentof Conditions Amended at the April 17 2001 Planning Pl:Public Improvements Fish and Game p g CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers PLANNING SERVICES Standard Conditions 1. The approval of this application shall become final, subject PS to the completion of the conditions of approval, fourteen (14)days following the City Council approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two PS years after its effective date. At the end of the period, the CE approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. The tract map shall be subject to additional fees for park or PS recreation purposes (QUIMBY Act) as required by City CE Ordinance. 5. The granting of this entitlement shall apply to the property shown on Exhibit B, regardless of owner. 6. A tract map drawn in substantial conformance with the PS approved tentative map, and in compliance with all CE conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. If future construction on a lot is inconsistent with the BP PS "Building Site Details"shown on Exhibit C or requires more • than 8-feet of cut or fill (see discussion below) a Precise Plan application will be required to be approved for the 131 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: lap GP:Grading Pemut PS:Planning Services Grading TTM 2000-0001 BP.Building Permit BS:Building Services TO:Terriporary Occupancy FD:Fire Depart rent FO:Final Occupancy DFG Department of PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA.City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers residence. 8. The Plans for the private driveway plans with access from San Gabriel Road shall be revised to incorporate retaining walls where possible to preserve existing trees and reduce impacts to trees that are not required to be removed. 8- Th o Ftal rEG,.,,ndid„ effleFgenGy .Flt .6hnn FM PS al•se be des .ted as a „hl•n ede6tFian aeGess easement OR Z final Fnap. 10. Th hl line GFeek GFOSSiRg shall b stF +„a hilts.g a BP PS eitheF a bFidge 6FOSSiRg OF a GulyeFt with headwalls that will CE 11. Tree Mitigation: All tree replacements shall be shown on the revegation plan that is required to be submitted for the project. The tree replacements shall be planted prior to the final inspection of the public improvement permit. All mitigation fees will be FeqUiFed to be paid PFiGF tO the issuaRee Of the peFFAit fOF the publie; a FFipFeveFneFt6._The 13+/- acres Tree Conservation Easement shall be recorded on the final map in lieu of the payment of tree mitigation fees. dbh notes dbh notes 1 191-inches 11 trees 1 494-inches 33 trees I 44 Trees I Total 191-inches Total 494-inches 685-inches Mitigation Requirement . req'd tree replacements: 64 five gal trees req'd tree replacements: 329 five gal trees 393 five gal trees Tree Fund $3,183.33 $16,466.67 $19,650.00 Proposed Replanting 18 five gal trees Proposed Replanting 82 five gal trees 100 five gal trees 0 box trees(24") 0 box trees(24") 0 box trees(24") Remaining Mitigation 46 five gal trees Remaining Mitigation 247 five gal trees 293 five gal trees or or or $ 2,283.23 $ :12.36 `r Mitigation Totals: Evergreen Replacements: 18 five-gallon trees; Deciduous Replacements: 82 five-gallon trees; and • 13+/-Acres of Tree Conservation Easements 13� ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department FO:Final Occupancy DFG:Departnentof Conditions Amended at the April 17s 2001 Planning PI:PuNc Improvements Fish and Game CE City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers 12. The improvement plans for the extension of Escondido Road to San Gabriel Road shall be revised to preserve the 30"white oak shown to be removed. 13. Any existing public street which is damaged as a result of Ongoing PS on-site or off-site construction shall be reconstructed,or CE repaired if damage is not extensive,to the satisfaction of the City Engineer. 14. The existing private driveway shall be named. The FM PS proposed street name shall be of Spanish origin or shall CE honor non-living individuals of historical significance. The proposed street name shall be approved by the Community Development Department and the City Engineer. 15. The applicant shall notify the Army Corps of Engineers prior BP PS to any activity occurring within the stream banks and ACE provide the City of Atascadero with one of the following: 1. An approved 404 Permit;or 2.Written verification from the Army Corps of Engineers that the project the project is not within their jurisdiction and a 404 Permit is not required. Mitigation Measures 16. Future building envelopes shall be in substantial FM PS 1.c. conformance with the`Building Site Details"submitted with the Tentative Tract Map application and attached to the Resolution of Approval (Exhibit C).The building sites shall be delineated by a survey point and corresponding radius on the final map. 17. The maximum grading permitted on any site shall not BP PS 1.c. exceed 8 feet in overall height(cut or fill)measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad,a second floor or split level shall be used. Yard areas shall be minimized to reduce the amount of cut or fill required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. • - 133 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure al San Gabriel Road/Escondido Road/Portal Road FM: sang p Permit GP.Grading PS:Planning Services TTM 2000-0001 BP:Budding Permit BS:Building Services TO:Tenpaary Occupancy FD:Fire Department FO:Final Occupancy DFG:Department of PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer Commission Meeting Wa�ouarnyCo Regional Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Amry Corps of Engineers 18. If future construction on a lot is inconsistent with the BP PS 1.c. "Building Site Details"or cut and fill amounts exceed those permitted in condition#15,a Precise Plan application will be required to be approved for the residence. 19. The access drive to Lot 3 shall be designed with retaining BP PS 1.c. features to minimize the amount of cut and fill required for its construction. 20. The project shall be conditioned to comply with all Ongoing PS 3.b. applicable District regulations pertaining to the control of CE fugitive dust(PM-10)as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. 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. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to • prevent excessive amounts of dust. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible fol owing 134 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: rip GP:Grading Perrtmitt PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO Temporary Occupancy FD:Fire Depa mnt FO:Final Occupancy DFG:Deparnentof Conditions Amended at the April 17 2001 Planning PI:Public Improvements Fish and Gane p s g CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA.City Attomey AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers completion of any soil disturbing activities. 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. 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. 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. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. 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. ' Wheel washers may be required when significant offsite import or export of fill is involved. 21. The applicant shall notify the Department of Fish and Game BP PS 4.b. prior to any activity occurring on the site and provide the DFG City of Atascadero with one of the following: 1. A Streambed Alteration Agreement;or 2.Written verification from the Department of Fish and Game that the project will not adversely affect existing fish or wildlife resources and a Streambed Alteration Agreement is not required. 22. Prior to the issuance of the building permit for the on and BP PS 4.e. off-site improvements the applicant shall submit a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate 13� ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP: Services GP:Grading Permit g TTM 2000-0001 BP:Building Pemdt BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departrnentof PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer RWQCommission Meeting WaterQ Regional Water Quality Control Board CA City Attorney AMWC:Afascadero Mutual Water Company ACE Army Corps of Engineers times for an arborist to be on-site during construction activities.The plan shall also include an inventory of all trees to be removed,including the size species and condition of the trees. 23. Prior to the issuance of the building permits for the on and BP PS 4.e. off-site improvements a"pre-construction"meeting shall be held on site with the arborist,the grading contractor,and Community Development Department staff to review the tree protection and discuss future construction activities near the native trees. 24. Prior to the final inspection the arborist shall provide written FO PS 4.e. verification that all mitigation measures prescribed in the tree protection plan were adhered to during construction and that no trees were significantly damaged by the construction activities. 25. Development on Lot 2, Lot 3, Lot 4 and Lot 17 has the BP PS 4.e. potential to impact several native trees and future construction of homes on these lots will require the removal of several native trees. A tree protection plan prepared by a certified arborist shall be reviewed and approved by Community Development Department staff prior to the issuance of building permits on these lots.The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction,including the appropriate times for an arborist to be on-site during construction activities.The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 26. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required, and b.) If the Coroner identifies the remains to be Native American, the coroner shall contact the Native 136 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: radiingg Permit PS:Planning Services GP:GradP TTM 2000-0001 BP Budding Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy DFG:Departmentof Conditions Amended at the April 17 2001 Planning PI:PubGclmprovements Fish and Game P � g CE City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA.,City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98, or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods • with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. 27. A revegetation/restoration plan shall be prepared for all Prepared Prior PS 6.b. areas that are disturbed(removal of natural vegetation) to FM CE during the installation of the public improvement required Inspected prior for the project. The plan shall be prepared and inspected to FO of BP by a registered Landscape Architect. 28. Prior to the recordation of the final map engineered septic FM CE 6.e. systems with percolation tests for each lot shall be submitted and approved by the City Engineer. 29. A NPDES General Construction Permit with a Storm Water BP CE 8.a. Pollution Prevention Plan will be required. The Storm RWQCB 8.e. Water Plan must include Best Management Practices for the control of erosion and sediment runoff. 30. All work in the stream bed shall be confined to the period Ongoing PS 8.c. between June 15 and October 15, unless otherwise CE 137 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 BP.Budding Pemrt BS:Budding Sevres TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Deparfrrentof PI:Public Improvements Fish and Garne Conditions Amended at the April 17,2001 Planning CE City Engineer Commission Meeting W�Quaional Re9 M Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers approved by the Department of Fish and Game. 31. Any run-off from steep,erodible surfaces will be diverted so Ongoing PS 8.c. as not to enter the stream. Sediment catch basins,erosion CE control mats, hay bales,fabric fences,or other appropriate means shall be used when such diversions are necessary. BP CE 15.d. at San MaFGes Read and the eGt*en of EsGeRd4de Read at SaR GabFiel Read. 33. PeFtal Read shall be impmved to allew fel:two way tFa BP CE 15.d. • fFem the PeFta'iEs.,.,..'bde Read 6 ..t_~6--ti9A to the ter______HS A€ReFtaf Reams 34. Traffic speed signage shall be installed in both direction as FO of Public CE 15.d. prescribed by the city engineer and the police chief on San Improvement Gabriel Road near the intersection of Escondido Road so permit the traffic travelling onto San Gabriel from Esconido Road will be aware of the speed limit. 35. Warning signs shall be provided in hazardous locations as BP CE 15.d. prescribed by the City Engineer from the Portal/Escondido Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road. FIRE DEPARTMENT 36. All houses and structures accessing from the private BP FD driveway off of San Gabriel Road (attached and detached) must be fully sprinklered according to NFPA 13R. If the houses are not fully sprinklered,an emergency access that meets the Fire Department standards shall be installed that connects the private access drive to Escondido Road. 37. Fire Hydrants will be located along all roads and access BP FD roads at intervals not to exceed 500 feet. 38. The Portal-Escondido emergency access road must be BP FD installed in accordance with Fire Department requirements. • Slopes under 12% may be all-weather,slopes between 12%-20%must be non-skid (asphalt or concrete).The access have a minimum width of 20-feet and a minimum 138 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road GP'Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy DFG:Departrnentof PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer Commission Meeting RWQCB:Regional Water quality Control Board CA.City Attorney AMWC:Atascadero Mutual Water Company ACE Arany Caps of Engineers height clearance of 13'-6". 39. The Portal access road may have gates as approved by the FO FD Fire Department. The gates must be continuously accessible and openable without keys or special knowledge by either the Fire Department,the current residents,or any visitor to the area. 40. Any structures that are accessed by roadways with slopes BP FD greater than 16%must be fully fire sprinklered in accordance with NFPA 13R. 41. Private driveway gates must be equipped with either Knox FO FD Locks or Knox Switches as approved by the Fire Department. 42. The project shall comply with all other applicable Uniform BP FD Building Code, Uniform Fire Code and Municipal Code requirements. CITY ENGINEER Standard Conditions 43. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 44. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 45. A six(6)foot Public Utility Easement(PUE)shall be FM CE provided contiguous to the Escondido, Portal,and San Gabriel Roads. 46. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 47. The applicant shall install all new utilities(water,gas, BP CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or • its public utility easement. 48. The applicant shall monument all property corners for Ongoing CE 139 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: i PS:Planning Services GP:Grradadingg Permit TTM ZOOO-0001 BP:Building Permit BS:Building Services T0:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Amry Caps of Engineers construction control and shall promptly replace them if disturbed. 49. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 50. All existing and proposed utility,pipeline,open space,or FM CE other easements are to be shown on the tract 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. 51. Prior to recording the tract 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. 52. Prior to recording the tract map,the applicant shall submit a FM CE 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. 53. Prior to recording the tract 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. 54. Prior to recording the tract map,the applicant shall pay all FM CE outstanding plan check/inspection fees. 55. Prior to recording the tract map,the applicant shall have the FM CE map reviewed by all applicable public and private utility companies(cable,telephone,gas,electric,Atascadero 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 140 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure FM:Final Map San Gabriel Road/Escondido Road/Portal Road GP Grading Permit PS:Planning Services TTM 2000-0001 BP Budding Permit BS:Building Services T0:Temporary Occupancy FD:Fire Departnent FO:Final Occupancy DFG:Departnentof Conditions Amended at the April 17 2001 Planning PI:Public Improvements Fish and Game P 9 CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers shall be shown on the parcel map. 56. Upon recording the tract map,the applicant shall provide FM CE the City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. Streets The applicant and the City Engineer shall work together on a fair financial agreement for the off-site public improvement listed in conditions 57—72.(See Condition #86) Escondido Road 57. Escondido Road,fully improved to the Rural Hillside Local FM CE Standard or to the satisfaction of the City Engineer,shall be pl extended to San Gabriel Road.A 50'wide offer of dedication shall be made on the final map.The intersection shall be appropriately signed and striped to the satisfaction of the City Engineer. 58. The existing road,from 10635 Escondido to the point where PI CE the new section of Escondido will intersect,shall be upgraded and improved to the Rural Hillside Local Standard as shown in the City of Atascadero Standard Drawing No.402 or to the satisfaction of the City Engineer. 59. Existing sections of this road that show evidence of PI CE structural failure and slipping will be excavated, benched, re-compacted and reconstructed to the above standard or to the satisfaction of the City Engineer. 60. The remaining sections of the road within the above limits PI CE shall receive a 2"asphalt overlay with a berm installed on the uphill side of the road. 61. Prior to recording the final 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 oregress is affected b 141 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grading PermitPS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departmentof Conditions Amended at the April 17,2001 Planning PI:Publiclmprovements Fish and Game CE:City Engineer Commission Meeting RWOCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers these improvements. 62. Escondido Road shall be designed in such a manner that FM CE access to Lots 10,29,and 30 of Block 30 of 3 AC MB 38 PI shall have legal access to and from Escondido/Portal Road. If access easements for these lots are required they shall either be delineated on the final map or granted by separate instrument and recorded prior to the filing of the final map. 63. Escondido Road shall be designed in such a manner that it FM CE does not split the proposed Lots 14& 17 nor shall it split PI existing lots 28,29 or 30 of ATAL 00-019. In the event that this cannot be accomplished,a lot line adjustment shall be applied for to correct this situation. 64. The lower section of Portal Road from San Gabriel Road FM CE shall be renamed and become the extension of Escondido PI Road. 65. Prior to beginning work on Escondido the applicants PI CE engineer shall meet with the City Engineer to set the limits of this reconstruction in the field. Portal Road 66. Beginning at 10630 Portal, Portal Road shall be improved PI CE to Rural Hillside Local Standard Drawing#402 ,terminating in a cul-de-sac built to City Standard Drawing#415 in the location as shown on the tentative map. 67. Existing sections of this road that show evidence of PI CE structural failure and slipping will be excavated, benched, re-compacted and reconstructed to the above standard. 68. The remaining sections of the road within the above limits PI CE shall receive a 2"asphalt overlay with a berm installed on the uphill side of the road. 69. Prior to beginning work on Escondido the applicant's PI CE engineer shall meet with the City Engineer to set the limits of this reconstruction in the field. • 70. The applicant shall review all existing street signs on Portal PI CE Road and Escondido Road and make recommendations for any modifications or additions necessary for public safety. 142 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grading Pertnit PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department FO:Final Occupancy DFG:Departmentof Conditions Amended at the April 17 2001 Planning PI:Publiclmprovements Fish and Game p s g CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Amry Corps of Engineers Said modifications shall be approved by the City Engineer. 71. The applicant shall review all existing drainage structures PI CE on Portal and Escondido Roads and make recommendations for any repairs or additions necessary for the protection of the proposed and existing roadways. 72. Prior to the recording of the final map the applicant shall FM create road maintenance agreements for those portions of PI Escondido and Portal Roads adjacent to this tract map,the private access of off San Gabriel Road and the Portal/Escondido emergency access connection. Said agreements shall be reviewed and approved by the City Attorney and signed by homeowners within the tract Drainage 73. Prior to recording the final map,the applicant shall submit FM CE the drainage calculations necessary to demonstrate that PI existing downstream drainage facilities have adequate capacity to handle the total flow from the fully developed watershed without adverse affect on other properties. If downstream facilities do not have adequate capacity,the applicant shall design and construct improvements to the downstream facilities or the applicant shall detain storm water on-site in conformance with City Standards. 74. The applicant's engineer shall submit drainage calculations PI CE for review and approval by the City Engineer sufficient to justify the size, material, location and alignment of the proposed drainage structures underneath Escondido and/or Portal Roads. 75. All easements required for drainage purposes shall be FM CE shown on the final map 76. Applicant shall apply for and obtain all necessary permits PI CE from all concerned agencies prior to beginning any construction near any drainage swale. 77. Prior to recording the parcel map,the applicant shall FM CE construct all public improvements required by these conditions of approval. 78. Prior to recording the parcel map,demonstrate that all FM CE 143 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grading Permit PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departnentof PI:Public Improvements Fish and Game Conditions Amended at the April 17,2001 Planning CE:City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Arany Corps of Engineers easements required to provide utilities to the new parcels have been acquired and are shown on the map. 79. As a condition of this map all new utilities shall be placed PI CE underground. Atascadero Mutual Water Company 80. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,plans that show the water distribution facilities required for providing water service to the subdivision. A pressure-reducing valve • (PRV)shall be installed on Escondido Road to separate the 1,425-foot hydraulic pressure zone from the 1,360-foot hydraulic pressure zone,or as approved by AMWC. The PRV shall be adjusted so that it only operates during periods of high demand,or as approved by AMWC. The overland routing of the waterline across Lots 3 and 8 shall be eliminated due to the steep terrain and the difficulty in maintaining a waterline that is not within a roadway. 81. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,a hydraulic analysis of the proposed water system to demonstrate that fire flow requirements can be achieved. The analysis shall demonstrate that fire flows in the existing 4"high-pressure waterline in San Gabriel Road will not result in excessive flow velocities or head-loss in the system. 82. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,an analysis that demonstrates the effects of relocating the existing pressure- reducing valve(PRV)on Portal Road. The analysis shall identify the effects that relocation of the existing PRV will have on water pressure at all of the existing parcels currently served below the existing PRV. The applicant shall design and construct any improvements that may be required as a result of relocating the existing PRV including, but not limited to, upgrades to the existing water main due to an increase in water pressure. • 83. Prior to the issuance of building permits,the applicant shall BP AMWC obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 84. Prior to the issuance of building permits,the applicant shall BP AMWC 144 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: i PS:Planning Services GP:Grradadingg Perrot P TTM 2000-0001 BP:Building Permit BS:Budding Services T0:Temporary Occupancy FD:Fee Department F0:Final Occupancy DFG:Departrnentof Conditions Amended at the April 17,2001 Planning PI:Public Improvements Fish and Game CE City Engineer Commission Meeting RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers pay all installation and connection fees required by the Atascadero Mutual Water Company. Conditions Added by Planning Commission 85. The private accessway serving lots 2,3,4,5,and 6 shall be narrowed from 20-feet to 16-feet to minimize tree removals. 86. The applicant and the City Engineer shall work together on a fair financial agreement for the off-site public improvement listed in conditions 57—72. The financial agreement and terms of the agreement shall be presented to the City Council. • • 145 11 11 1 1 1 1 1 1 '65 VIR r k �••/� .e°t•� `a �'?_all'r �Qi/{'i:✓�� i�lt}it LN- j .> � �\♦ ,�,(( � .. `���Et r ;�i,•�j�..�urs a a �� \\� \�yT.. �� ��1177/staTl,% iyy\1� A;;•, �> � x��-��� a••tet 1.�::� AA Pie, RPM vm t4 � r Yq tit pwng .. � Sam ms r - . Md all t-wiffil MV\ NSA'A KJOR wa 00 _ AMit \ ryr LM _ rs � ITEM NUMBER: DATE: 6-26-01 A PZZI ~ Y �S $• d F F- t • 148 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT C: Resolution PC 2001-0014 Building Site Details BUILDING SITE DETAILS ATTACHED (Now included in Draft Council Resolution C to avoid redundancy) • 149 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT C: Resolution PC 2001-0014 Preliminary Grading Pians/Public Improvements GRADING PLANS ATTACHED • (Now included in Draft Council Resolution C to avoid redundancy) • 150 ITEM NUMBER: DATE: 6-26-01 ATTACHMENT 7: Draft City Council Resolution A Environmental Determination 2001-0006 DRAFT CITY COUNCIL RESOLUTION A A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CERTIFING PROPOSED MITIGATED NEGATIVE DECLARATION 2001-006 PREPARED FOR ZONE CHANGE 2001-0003, ROAD ABANDONMENT 2001-0003 AND TENTATIVE TRACT MAP 2000-0001 FOR 6250 SAN GABRIEL ROAD,APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. (6250 San Gabriel Road, Rancho De Paraiso) WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way, and tract map to subdivide 69.39 acres into 17 lots . ranging from3.25 to 6.39 acres (TTM 2000-0001). The project is located at 6250 San Gabriel Road,APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054- 191-027, 054-191-020, 054-191-021; and, WHEREAS, an application has been initiated by the City of Atascadero for a zone change to change the zoning district of the Rancho de Paraiso Tract Map area (69.4± acres) from Agriculture to Residential Suburban; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-006 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 on Tuesday, April 17, 2001, to consider the project, at which meeting the Commission adopted Resolution PC 2001-013 recommended the City Council certify the proposed Mitigated Negative Declaration; and NOW, THEREFORE, the City Council of the City of Atascadero, at a public hearing held on Tuesday, June 26, 2001, hereby certifies Mitigated Negative Declaration 2001-0006 as shown on Exhibit A based on the following Findings: • 151 ITEM NUMBER: DATE: 6-26-01 1. The proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The proposed Mitigated Negative Declaration was presented to the City Council, and the information contained therein was considered by the City Council, prior to recommending 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, 07. The proposed Mitigated Negative Declaration will be forwarded to the City Council, and the information therein contained will be considered by the City Council, prior to taking final action on the project. 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: 152 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT A: Proposed Mitigated Negative Declaration 2001-0006 Draft City Council Resolution A TTM 2000-0001; RAD 2001-0003;ZCH 2001-0013 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION#2001-006 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 APPLICANT: Rancho De Paraiso Harry B. Larsen Family Trust 6250 San Gabriel Road Atascadero, CA 93422 PROJECT TITLE: Tentative Tract Map 2000-0001, Road Abandonment 2001-0003, Zone Change 2001-0013 (City Initiated) PROJECT LOCATION: 6250 San Gabriel Road,CA 93422, San Luis Obispo County/APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192- 018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. PROJECT DESCRIPTION: A residential subdivision of 10 existing colony lots totally 69.39 acres into 17 lots and a road abandonment application requesting the abandonment of a portion of the Portal Road colony right-of-way and a realignment and improvement of the Escondido Road colony right-of-way. The project will involve the construction of 16 new homes with 6 new homes accessing from Portal Road, 5 homes accessing off of Escondido Road and 5 homes accessing from an existing driveway on San Gabriel Road. The project will include the improvement of Escondido Road connecting it to San Gabriel Road. The extension of Escondido Road will require the crossing of a blue line creek. The public improvements required for the project will require the removal of several native trees. Two open space easements are proposed as part of the project totaling 13 acres +/- and a pedestrian easement is proposed to provide a public pedestrian connection between the terminus of Portal Road and the extension of Escondido Road. • The project also involves a city initiated application for a zone change to change the zoning district from Agriculture to Residential Suburban. The zone change application will change the City's Zoning Map to mirror the Suburban Single Family general plan designation shown 154 ITEM NUMBER: DATE: 6-26-01 • on the Land Use Element. The zone change will not have an affect of the future use of the property and will fulfill Section E.2 (Implementation) of the City's General Plan. FINDINGS: 5. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 6. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented. 7. The project does not have impacts which are individually limited, but cumulatively considerable,when mitigation measures are implemented. 8. The project will not cause substantial adverse effects on human beings either directly or indirectly,when mitigation measures are implemented. DETERMINATION: Based on the above findings, and the information contained in the initial study 2001-0006 (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 project is developed in accordance with required conditions. PREPARED BY: Jamie L. Kirk,Associate Planner DATE POSTED: 3/23/01 PUBLIC REVIEW ENDS: 155 ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM Final Map GP:GraPS:PlanningSeN&A Grading Pemrt TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Permit BS:Building Services To Temporary occupancy FD:Fire Department FO:Final Occupancy DFG:Departrnentof PI:Public Ir provernents Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA:City Attamey AMWC:Atascadero Mutual Water Company Planning Services 1. Future building envelopes shall be in substantial FM PS 1.c. conformance with the"Building Site Details' submitted with the Tentative Tract Map application and attached to the initial study. The building sites shall be delineated by a survey point and corresponding radius on the final map. 2. The maximum grading permitted on any site shall not BP PS 1.c. exceed 8 feet in overall height (cut or fill) measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad, a second floor or split level shall be used. Yard areas shall be minimized to reduce the • amount of cut or fill required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. 3. If future construction on a lot is inconsistent with the BP PS 1.c. "Building Site Details" a Precise Plan application will be required to be approved for the residence. 4. The access drive to Lot 3 shall be designed with retaining BP PS 1.c. features to minimize the amount of cut and fill required for its construction. 5. The project shall be conditioned to comply with all Ongoing PS/CE 3.b. applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. 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. • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. t �V ITEM NUMBER: DATE: 6-26-01 . Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Permt BS:Budding Services TO:Temporary Occupancy FD:Fire Departrnent FO:Final Occupancy DFG:Departrrientof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. 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. 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. 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. 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. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. 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. Wheel washers may be required when significant offsite import or export of fill is involved. 6. The applicant shall notify the Department of Fish and Game BP PS/DFG 4.b. prior to any activity occurring on the site and provide the City of Atascadero with one of the following: 1. A Streambed Alteration Agreement; or 2. Written verification from the Department of Fish and Game that the project will not adversely affect existing fish or wildlife resources and a • Streambed Alteration Agreement is not required. 7. Prior to the issuance of the building permit for the on and I BP PS 4.e. 157 ITEM NUMBER: DATE: 6-26-01 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP: services GP:Grading Permit 9 TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:BuildingPermt BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent FO Final Occupancy DFG:Departnentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Wafer Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company off-site improvements the applicant shall submit a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 8. Prior to the issuance of the building permits for the on and BP PS 4.e. off-site improvements a "pre-construction" meeting shall be held on site with the arborist, the grading contractor, and • Community Development Department staff to review the tree protection and discuss future construction activities near the native trees. 9. Prior to the final inspection the arborist shall provide written FO PS 4.e. verification that all mitigation measures prescribed in the tree protection plan were adhered to during construction and that no trees were significantly damaged by the construction activities. 10. Development on Lot 2, Lot 3, Lot 4 and Lot 17 has the BP PS 4.e. potential to impact several native trees and future construction of homes on these lots will require the removal of several native trees. A tree protection plan prepared by a certified arborist shall be reviewed and approved by community development staff prior to the issuance of building permits on these lots. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 11. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall be taken: • There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted 158 ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road GP:GrradadFM. Map Permit ermit Ps:Planning services TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departnentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company to determine that no investigation of the cause of death is required, and b.) If the Coroner identifies the remains to be Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98, or Where the following conditions occur, the landowner • or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. 12. A revegetation / restoration plan shall be prepared for all Prepared Prior PS 6.b. areas that are disturbed (removal of natural vegetation) to FM during the installation of the public improvement required Inspected prior for the project. The plan shall be prepared and inspected to FO of BP by a registered Landscape Architect. 13. Prior to the recordation of the final map engineered septic FM CE 6.e. systems with percolation tests for each lot shall be submitted and approved by the City Engineer. 14. A NPDES General Construction Permit with a Storm Water BP CE/RWQCB 8.a. • Pollution Prevention Plan will be required. The Storm 8.e. Water Plan must include Best Management Practices for 159 ITEM NUMBER: DATE: 6-26-01 • Mitigation Monitoring Program Timing Responsibility Mitigation !Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map PS:Plannin Sevres GP:Grading Perm t g TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Pem9t BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Depatrnentof PI:PuNr Improvements Fish and Gare CE:City Engineer RWQCB:Regional Wafer Quality Control Board CA City Attorney AMC:Atascadero Mutual Water Company the control of erosion and sediment runoff. 15. All work in the stream bed shall be confined to the period Ongoing PS/CE 8.c. between June 15 and October 15, unless otherwise approved by the Department of Fish and Game. 16. Any run-off from steep,erodible surfaces will be diverted so Ongoing PS/CE 8.c. as not to enter the stream. Sediment catch basins, erosion control mats, hay bales, fabric fences, or other appropriate means shall be used when such diversions are necessary. BP CE 15.d. Read at San GabFiel Read. 18. Portal Read shall be iMPFOyed to allow fal: two way tFavel BP CE 15.d. of PeFtai-Dead, 19. Traffic speed signage shall be installed in both direction as FO of Public CE 15.d. prescribed by the city engineer and the police chief on San Improvement Gabriel Road near the intersection of Escondido Road so permit the traffic travelling onto San Gabriel from Esconido Road will be aware of the speed limit. 20. Warning signs shall be provided in hazardous locations as BP CE 15.d. prescribed by the City Engineer from the Portal/Escondido Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road. • 160 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 8: Draft City Council Resolution B Road Abandonment 2001-0003 DRAFT CITY COUNCIL RESOLUTION B A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF THE PORTAL ROAD RIGHT-OF- WAY AND REALIGN THE ESCONDIDO ROAD RIGHT-OF-WAY PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT#2001-003) WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way; and, WHEREAS, the proposed project area has a General Plan Designation of Suburban Single Family and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the portion of the Portal Road right-of way, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on April 17, 2001 at 7:00 p.m. and adopted Resolution PC 2001-014 thereby recommending that the City Council adopt a resolution approving the summary vacation of the an unimproved portion of Portal Road right-of-way; WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Road Abandonment on June 26, 2001 at 7:00 p.m. and considered testimony and reports from staff, the applicants , and the public; NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings of Approval. The City Council finds as follows: 1. The proposed project is consistent with the General Plan. 161 ITEM NUMBER: DATE: 6-26-01 • 2. The portion of Portal Road right-of-way proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero does hereby approve Road Abandonment 2001-0003. 1. EXHIBIT A: Road Abandonment Map 2. EXHIBIT B: Conditions of Approval. 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: J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 162 ITEM NUMBER: DATE: 6-26-01 . EXHIBIT A: Road Abandonment Map RAB 2001-0003 igi— IC.i.. O aXas„-tsi�� tar n -� Par.;14 Roan :tea / w.r4 DETAIL L°t.L K No scut �\ \WT-2 SEELETIL ' DETL �` amwa Iwa IMP zw Portion of Portal Road to be - i �. '=" : N*m Or MY l MNO011lfR Abandoned �r •�.~m� \ • 163 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT B: Conditions of Approval RAB 2001-0003 City Engineer Conditions of Approval: 1. The Road Abandonment shall record concurrently with the Tract Map. • 164 ITEM NUMBER: DATE: 6-26-01 • ATTACHMENT 8: Draft City Council Resolution C TTM 2000-0001 DRAFT CITY COUNCIL RESOLUTION C A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVINGTENTATIVE TRACT MAP 2000-0001 THEREBY ALLOWING A 17-LOT RESIDENTIAL SUBDIVISION OF 69.39 ACRES AT 6250 SAN GABRIEL ROAD, APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, 054-191-021. (6250 San Gabriel Road, Rancho De Paraiso) (TTM 2000-0001). WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way, and tract map to subdivide 69.39 acres into 17 lots ranging from3.25 to 6.39 acres (TTM 2000-0001). The project is located at 6250 San Gabriel Road APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054- 191-027, 054-191-020, 054-191-021; and, WHEREAS, the site's General Plan Designation is SSF (Suburban Single Family); and, WHEREAS, the site's current zoning district is A (Agriculture); and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Tract Map on April 17, 2001 at 7:00 p.m. and adopted Resolution PC 2001-015 thereby recommending that the City Council approve the proposed Tentative Tract Map; and WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Tentative Tract Map on June 26, 2001 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; • 165 ITEM NUMBER: DATE: 6-26-01 • NOW, THEREFORE, the City Council takes the following actions: Section One. Findings of Approval for Tentative Tract Map, the City Council of the City of Atascadero 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 site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. 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. 6. 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. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. The site can not be redesigned to meet city fire department standards and avoid the need for the 44 tree removals. 9. The completion of the public improvements prior to the recordation of the Tract map are required for the orderly development of the neighborhood. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 26, 2001, resolved to approve the Tentative Tract Map 2000-0001 subject to the following: 1. Exhibit A: Conditions of Approval 2. Exhibit B: Tentative Tract Map 2000-0001 3. Exhibit C: Building Site Details 4. Exhibit D: Site Grading Plans • 166 ITEM NUMBER: DATE: 6-26-01 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: B • Y• J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 167 ITEM NUMBER: DATE: 6-26-01 • EXHIBIT A: Draft City Council Resolution C Conditions of Approval Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grading Permit PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Depa tment FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE City Engineer RWOCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Wafer Company ACE:Army Corps of Engineers PLANNING SERVICES Standard Conditions 1. The approval of this application shall become final, subject PS to the completion of the conditions of approval, fourteen • (14)days following the City Council approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two PS years after its effective date. At the end of the period, the CE approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. The tract map shall be subject to additional fees for park or PS recreation purposes (QUIMBY Act) as required by City CE Ordinance. 5. The granting of this entitlement shall apply to the property shown on Exhibit B,regardless of owner. 6. A tract map drawn in substantial conformance with the PS approved tentative map, and in compliance with all CE conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. If future construction on a lot is inconsistent with the BP PS "Building Site Details"shown on Exhibit C or requires more than 8-feet of cut or fill (see discussion below) a Precise Plan application will be required to be approved for the 168 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:GP:Grading Permit TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy OFG:Depanmentof PI:Public Improvements Fish and Game CE City Engineer RWOCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Any Corps of Engineers residence. 8. Mitigation Totals: Evergreen Replacements: 18 five-gallon trees; Deciduous Replacements: 82 five-gallon trees; and 13+/-Acres of Tree Conservation Easements Tree Mitigation: All tree replacements shall be shown on the revegation plan that is required to be submitted for the project. The tree replacements shall be planted prior to the final inspection of the public improvement permit.-The 13+/-acres Tree Conservation Easement shall be recorded on the final map in lieu of the payment of tree mitigation fees. dbh notes dbh notes • 1 191-inches 11 trees 1 494-inches 33 trees I 44 Trees I Total 191-inches Total 494-inches 685-inches Mitigation Requirement req'd tree replacements: 64 five gal trees req'd tree replacements: 329 five gal trees 393 five gal trees Tree Fund $3,183.33 $16,466.67 $19,650.00 Proposed Replanting 18 five gal trees Proposed Replanting 82 five gal trees 100 five gal trees..' 0 box trees(24") 0 box trees(24") 0 box trees(24") Remaining Mitigation 46 five gal trees Remaining Mitigation 247 five gal trees 293 five gal trees or or or TFee FwAd o.....,,ent. 2,283 33 $ 1-2-36�.�,'- 9. The improvement plans for the extension of Escondido BP PS Road to San Gabriel Road shall be revised to preserve the 30"white oak shown to be removed. 10. Any existing public street which is damaged as a result of Ongoing PS on-site or off-site construction shall be reconstructed,or CE repaired if damage is not extensive,to the satisfaction of the City Engineer. • 11. The existing private driveway shall be named. The FM PS proposed street name shall be of Spanish origin or shall I CE 169 ITEM NUMBER: DATE: 6-26-01 i Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road!Portal Road GP:GrradadFM: Map Permit ertrut PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Deparlmentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadeno Mutual Water Company ACE:Army Corps of Engineers honor non-living individuals of historical significance. The proposed street name shall be approved by the Community Development Department and the City Engineer. 12. The applicant shall notify the Army Corps of Engineers prior BP PS to any activity occurring within the stream banks and ACE provide the City of Atascadero with one of the following: 1. An approved 404 Permit;or 2.Written verification from the Army Corps of Engineers that the project the project is not within their jurisdiction and a 404 Permit is not required. Mitigation Measures i 13. Future building envelopes shall be in substantial FM PS 1.c. conformance with the'Building Site Details"submitted with the Tentative Tract Map application and attached to the Resolution of Approval(Exhibit C).The building sites shall be delineated by a survey point and corresponding radius on the final map. 14. The maximum grading permitted on any site shall not BP PS 1.c. exceed 8 feet in overall height(cut or fill)measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad,a second floor or split level shall be used. Yard areas shall be minimized to reduce the amount of cut or fill required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. 15. If future construction on a lot is inconsistent with the BP PS 1.c. "Building Site Details"or cut and fill amounts exceed those permitted in condition#15,a Precise Plan application will • be required to be approved for the residence. 16. The access drive to Lot 3 shall be designed with retaining BP PS 1.c. features to minimize the amount of cut and fill required for _ 1 ;0 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning services GP:Grading Permitg TTM 2000-0001 BP:BuJding Permit BS:Building Services T0:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA.City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers its construction. 17. The project shall be conditioned to comply with all Ongoing PS 3.b. applicable District regulations pertaining to the control of CE fugitive dust(PM-10)as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. 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. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. 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. 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. 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. 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. ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure :Final M San Gabriel Road/Escondido Road/Portal Road GP:ngGradingPennd PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Five Department FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE City Engineer RWQCS:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Arany Corps of Engineers On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. 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. Wheel washers may be required when significant offsite • import or export of fill is involved. 18. The applicant shall notify the Department of Fish and Game BP PS 4.b. prior to any activity occurring on the site and provide the DFG City of Atascadero with one of the following: 1. A Streambed Alteration Agreement;or 2.Written verification from the Department of Fish and Game that the project will not adversely affect existing fish or wildlife resources and a Streambed Alteration Agreement is not required. 19. Prior to the issuance of the building permit for the on and BP PS 4.e. off-site improvements the applicant shall submit a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities.The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 20. Prior to the issuance of the building permits for the on and BP PS 4.e. off-site improvements a"pre-construction"meeting shall be held on site with the arborist,the grading contractor,and Community Development Department staff to review the tree protection and discuss future construction activities near the native trees. • 21. Prior to the final inspection the arborist shall provide written FO PS 4.e. verification that all mitigation measures prescribed in the tree protection plan were adhered to during construction and that no trees were significantly damaged by the 172 ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 BP:Building Permit BS:Balding Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Depxtrnentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA,City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers construction activities. 22. Development on Lot 2, Lot 3, Lot 4 and Lot 17 has the BP PS 4.e. potential to impact several native trees and future construction of homes on these lots will require the removal of several native trees. A tree protection plan prepared by a certified arborist shall be reviewed and approved by Community Development Department staff prior to the issuance of building permits on these lots.The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities.The plan shall also include an inventory of all trees to be removed,including the size species and condition of the trees. 23. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required, and b.) If the Coroner identifies the remains to be Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98, or Where the following conditions occur, the landowner • or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location 173 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road P Gr Wial ng PS:Plantingsemces TTM 2000-0001 BP:BuBdng Permit BS:Building Services TO Temporary Occupancy FD:Fire DepaMient FO:Final Occupancy DFG:Departrnentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:AtascaderoMutual Water Company ACE Army Corps of Engineers not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. • 24. A revegetation/restoration plan shall be prepared for all Prepared Prior PS 6.b. areas that are disturbed (removal of natural vegetation) to FM CE during the installation of the public improvement required Inspected prior for the project. The plan shall be prepared and inspected to FO of BP by a registered Landscape Architect. 25. Prior to the recordation of the final map engineered septic FM CE 6.e. systems with percolation tests for each lot shall be submitted and approved by the City Engineer. 26. A NPDES General Construction Permit with a Storm Water BP CE 8.a. Pollution Prevention Plan will be required. The Storm RWQCB 8.e. Water Plan must include Best Management Practices for the control of erosion and sediment runoff. 27. All work in the stream bed shall be confined to the period Ongoing PS 8.c. between June 15 and October 15,unless otherwise CE approved by the Department of Fish and Game. 28. Any run-off from steep,erodible surfaces will be diverted so Ongoing PS 8.c. as not to enter the stream. Sediment catch basins,erosion CE control mats, hay bales,fabric fences,or other appropriate means shall be used when such diversions are necessary. 29. Traffic speed signage shall be installed in both direction as FO of Public CE 15.d. prescribed by the city engineer and the police chief on San Improvement Gabriel Road near the intersection of Escondido Road so permit the traffic travelling onto San Gabriel from Esconido Road • will be aware of the speed limit. 30. Warning signs shall be provided in hazardous locations as BP CE 15.d. prescribed by the City Engineer from the Portal/Escondido 1714 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GP:Grating Permit PS:Planning Services TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy OFG:Departrnentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA.City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road. FIRE DEPARTMENT 31. All houses and structures accessing from the private BP FD driveway off of San Gabriel Road (attached and detached) must be fully sprinklered according to NFPA 13R. If the houses are not fully sprinklered,an emergency access that meets the Fire Department standards shall be installed that connects the private access drive to Escondido Road. 32. Fire Hydrants will be located along all roads and access BP FD roads at intervals not to exceed 500 feet. • 33. The Portal-Escondido emergency access road must be BP FD installed in accordance with Fire Department requirements. Slopes under 12%may be all-weather,slopes between 12%-20%must be non-skid(asphalt or concrete).The access have a minimum width of 20-feet and a minimum height clearance of 13'-6". 34. The Portal access road may have gates as approved by the FO FD Fire Department. The gates must be continuously accessible and openable without keys or special knowledge by either the Fire Department,the current residents,or any visitor to the area. 35. Any structures that are accessed by roadways with slopes BP FD greater than 16%must be fully fire sprinklered in accordance with NFPA 13R. 36. Private driveway gates must be equipped with either Knox FO FD Locks or Knox Switches as approved by the Fire Department. 37. The project shall comply with all other applicable Uniform BP FD Building Code,Uniform Fire Code and Municipal Code requirements. CITY ENGINEER Standard Conditions • 38. All public improvements shall be constructed in BP CE 1 �5 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road G Final Map P:Grading Pemmtit PS:Planning Services G TTM 2000-0001 BP:Building Permit BS:Budding Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departnentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board C0.City Attorney AMWC:Atascadero Mutual Water Company ACE Arany Corps of Engineers conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 39. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 40. A six(6)foot Public Utility Easement(PUE)shall be FM CE provided contiguous to the Escondido, Portal, and San Gabriel Roads. 41. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 42. The applicant shall install all new utilities(water,gas, BP CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 43. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if disturbed. 44. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 45. All existing and proposed utility,pipeline,open space,or FM CE other easements are to be shown on the tract 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. 46. Prior to recording the tract 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. • 47. Prior to recording the tract map,the applicant shall submit a FM CE 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 b iia ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road GGP: Final g Permit PS:Planning Services BP:BuildingPermit BS:Budding Services TTM 2000-0001 TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departmentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board C/a City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 48. Prior to recording the tract 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. 49. Prior to recording the tract map,the applicant shall pay all FM CE outstanding plan check/inspection fees. 50. Prior to recording the tract map,the applicant shall have the FM CE • map reviewed by all applicable public and private utility companies(cable,telephone,gas,electric,Atascadero 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. 51. Upon recording the tract map,the applicant shall provide FM CE the City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. Streets The applicant and the City Engineer shall work together on a fair financial agreement for the off-site public improvement listed in conditions 57—72.(See Condition #86) Escondido Road 52. Escondido Road,fully improved to the Rural Hillside Local FM CE Standard or to the satisfaction of the City Engineer,shall be pi extended to San Gabriel Road.A 50'wide offer of dedication shall be made on the final map.The intersection shall be appropriately signed and striped to the satisfaction of the City Engineer. • 53. The existing road,from 10635 Escondido to the point where PI CE the new section of Escondido will intersect,shall be 7 7 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP.Grading Permit9 TTM 2000-0001 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Departnent FO:Final Occupancy DFG:Depart wtof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Army Corps of Engineers upgraded and improved to the Rural Hillside Local Standard as shown in the City of Atascadero Standard Drawing No.402 or to the satisfaction of the City Engineer. 54. Existing sections of this road that show evidence of PI CE structural failure and slipping will be excavated,benched, re-compacted and reconstructed to the above standard or to the satisfaction of the City Engineer. 55. The remaining sections of the road within the above limits PI CE shall receive a 2"asphalt overlay with a berm installed on the uphill side of the road. . 56. Prior to recording the final 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. 57. Escondido Road shall be designed in such a manner that FM CE access to Lots 10,29, and 30 of Block 30 of 3 AC MB 38 PI shall have legal access to and from Escondido/Portal Road. If access easements for these lots are required they shall either be delineated on the final map or granted by separate instrument and recorded prior to the filing of the final map. 58. Escondido Road shall be designed in such a manner that it FM CE does not split the proposed Lots 14&17 nor shall it split PI existing lots 28,29 or 30 of ATAL 00-019. In the event that this cannot be accomplished, a lot line adjustment shall be applied for to correct this situation. 59. The lower section of Portal Road from San Gabriel Road FM CE shall be renamed and become the extension of Escondido PI Road. 60. Prior to beginning work on Escondido the applicants PI CE engineer shall meet with the City Engineer to set the limits • of this reconstruction in the field. 178 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map GPS:Plannin Services P:Grading Permit- g TTM 2000-000) BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Deparbmentof PI:Public Improvements Fish and Game CE City Engineer RWQCB:Regional Water Quality ConW Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Almy Corps of Engineers Portal Road 61. Beginning at 10630 Portal, Portal Road shall be improved PI CE to Rural Hillside Local Standard Drawing#402,terminating in a cul-de-sac built to City Standard Drawing#415 in the location as shown on the tentative map. 62. Existing sections of this road that show evidence of PI CE structural failure and slipping will be excavated,benched, re-compacted and reconstructed to the above standard. 63. The remaining sections of the road within the above limits PI CE shall receive a 2"asphalt overlay with a berm installed on the uphill side of the road. • 64. Prior to beginning work on Escondido the applicant's PI CE engineer shall meet with the City Engineer to set the limits of this reconstruction in the field. 65. The applicant shall review all existing street signs on Portal PI CE Road and Escondido Road and make recommendations for any modifications or additions necessary for public safety. Said modifications shall be approved by the City Engineer. 66. The applicant shall review all existing drainage structures PI CE on Portal and Escondido Roads and make recommendations for any repairs or additions necessary for the protection of the proposed and existing roadways. 67. Prior to the recording of the final map the applicant shall FM create road maintenance agreements for those portions of PI Escondido and Portal Roads adjacent to this tract map,the private access of off San Gabriel Road and the Portal/Escondido emergency access connection.Said agreements shall be reviewed and approved by the City Attorney and signed by homeowners within the tract Drainage 68. Prior to recording the final map,the applicant shall submit FM CE the drainage calculations necessary to demonstrate that PI existing downstream drainage facilities have adequate • capacity to handle the total flow from the fully developed watershed without adverse affect on other properties. If downstream facilities do not have adequate capacity,the 179 ITEM NUMBER: DATE: 6-26-01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM: radingPemrt PS:Planning Sevres TTM 2000-0001 BP Building Penrit BS:Building Sevres TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Departrnentof PI:Public Inprovements Fish and Game CE City Engineer RWOCS:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE:Army Corps of Engineers applicant shall design and construct improvements to the downstream facilities or the applicant shall detain storm water on-site in conformance with City Standards. 69. The applicant's engineer shall submit drainage calculations PI CE for review and approval by the City Engineer sufficient to justify the size,material,location and alignment of the proposed drainage structures underneath Escondido and/or Portal Roads. 70. All easements required for drainage purposes shall be FM CE shown on the final map • 71. Applicant shall apply for and obtain all necessary permits PI CE from all concerned agencies prior to beginning any construction near any drainage Swale. 72. Prior to recording the parcel map,the applicant shall FM CE construct all public improvements required by these conditions of approval. 73. Prior to recording the parcel map,demonstrate that all FM CE easements required to provide utilities to the new parcels have been acquired and are shown on the map. 74. As a condition of this map all new utilities shall be placed PI CE underground. Atascadero Mutual Water Company 75. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,plans that show the water distribution facilities required for providing water service to the subdivision. A pressure-reducing valve (PRV)shall be installed on Escondido Road to separate the 1,425-foot hydraulic pressure zone from the 1,360-foot hydraulic pressure zone,or as approved by AMWC. The PRV shall be adjusted so that it only operates during periods of high demand,or as approved by AMWC. The overland routing of the waterline across Lots 3 and 8 shall be eliminated due to the steep terrain and the difficulty in • maintaining a waterline that is not within a roadway. 76. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,a hydraulic analysis of ITEM NUMBER: DATE: 6-26-01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Road/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fre Department FO Final Occupancy DFG:Deparimentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company ACE Arany Corps of Engineers the proposed water system to demonstrate that fire flow requirements can be achieved. The analysis shall demonstrate that fire flows in the existing 4"high-pressure waterline in San Gabriel Road will not result in excessive flow velocities or head-loss in the system. 77. Prior to recording the final map,the applicant shall submit, FM AMWC for review and approval by AMWC,an analysis that demonstrates the effects of relocating the existing pressure- reducing valve(PRV)on Portal Road. The analysis shall identify the effects that relocation of the existing PRV will have on water pressure at all of the existing parcels currently served below the existing PRV. The applicant shall design and construct any improvements that may be • required as a result of relocating the existing PRV including, but not limited to, upgrades to the existing water main due to an increase in water pressure. 78. Prior to the issuance of building permits,the applicant shall BP AMWC obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 79. Prior to the issuance of building permits,the applicant shall BP AMWC pay all installation and connection fees required by the Atascadero Mutual Water Company. Conditions Added by Planning Commission 80. The private accessway serving lots 2,3,4,5,and 6 shall be narrowed from 20-feet to 16-feet to minimize tree removals. 81. The applicant and the City Engineer shall work together on a fair financial agreement for the off-site public improvement listed in conditions 57—72. The financial agreement and terms of the agreement shall be presented to the City Council. • I�1 RN- 17, �� \►\``'jib://''�,\`���fa�lll�;��l[Ih��� ol ivil o /� ♦♦ 1\x.0.MO ..:1 \�� Mr—®r.- - .ir 9ry��`y�iC+.' /�� �\\\7�\•\ J r rvC�A!,c fix �'a�i���` • �.IIA �•Q����: �•r"`•� ',I.9Sr.� a71/ �i�1rJ t MMA Ig X. ra lip �!!,' ti ,fir„ ;,�•r-yj Nd ��1 (`�\\J % � ��-!.f;.••`E2 ,� ,rte' �•� „_ �i �,l� i /��11anm 0 I1 - J w\ WW_ �" \�.`�,•�U�//�-�( ��.�' s.����;+N �:1:. �.�\ ,fir / ga t.igms.S. .r,+.' ��.• {71�w �F 3 - ,�;c=w�t�L1�Fi r•3�rY WVIKIF t �r+r«: ♦ `Tia•r... �� �rMM «rFIS i 1` c /fy \� .l• 5 `ilii 1 %.���O OH o\ .� .,fir r� .��G,��I �tSaw i;f�/r 10 �/ yJN//<� .f.,/F '``��f /I. �./.� ted "SM 1. 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Jr•'id JJ''iif'�J J7 J<�:4+ 44�1�. {t�� ;°L�t�tt Vic,. � ``tti\Yt 1�.pI 'S 'J' y✓.FI 1 { !r ;r�e3 i1ll:�, �'t��/'�,��"I,•'Y: f yV it1'tltt .i'�` 'v,1. t'` �``o ■ e I '��'t:,,L,.,✓/ .�"[. � „fJ�iJf J Ti-�''i` � 4�l`.t\t �' t \ it`o, WW1 JtJ+'jN,t // Jj<f<s � 't tJ�✓jJ,j•9.•3 J -`4.t, � �11t L '..14 ` ` CS tt t�'lli t 1 �t � J„`1 ilyyll , ITEM NUMBER: B-4 DATE: 06/26/2001 u F■ a:(a 1"M Atascadero City Council Staff Report - Community Development Department Rancho De Paraiso Zone Change 2001-0013 (San Gabriel Road / Portal Road / Escondido Road Area City of Atascadero) RECOMMENDATION: The Planning Commission Recommends: The City Council introduce the Draft Ordinance, for first reading by title only, approving Zone Change 2001-0013 changing the zoning district within the Rancho De Paraiso Tract • Map area from the Agriculture zoning district to the Residential Suburban zoning district. SUBJECT: The proposed project consists of a City initiated zone change application to change the zoning of the proposed Rancho De Paraiso Tract Map area from the Agriculture (A) zoning district to the Residential Suburban(RS) zoning district. SITUATION AND FACTS: 1. Applicant: City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422 2. Representative: Jamie L. Kirk, Associate Planner 3. Project Address: 6250 San Gabriel Road, CA 93422, San Luis Obispo County/APN 054-192-004, 054-192-005, 054-191- 025, 054-192-017, 054-192-018, 054-191-026, 054- 191-027, 054-191-020, 054-191-021. • 210 ITEM NUMBER: B-4 DATE: 06/26/2001 4. General Plan Designation: Suburban Single Family • 5. Zoning District: Agriculture 6. Site Area: 69.39 acres (gross) 7. Existing Use: Developed with a single' family residence and accessory agriculture buildings. 8. Environmental Status: Proposed Mitigated Negative Declaration posted March 22, 2001. Summary: The proposed Zone Change was considered by the Planning Commission on April 17, 2001. The Planning Commission recommended the City Council approve the project subject to the condition of approval contained in the attached Resolution No. 2001-016. There was no public comment or discussion on this item at the Planning Commission hearing. DISCUSSION: The General Plan and Zoning Ordinance have conflicting designations for the subject • property. The General Plan identifies the property as Suburban Single Family while the zoning ordinance has it identified as an Agriculture zoning district. The correct corresponding zoning district for the Suburban Single Family land use designation is Residential Suburban. The zone change will not have an affect of the future use of the property and will fulfill Section E.2 (Implementation) of the City's General Plan to provide consistency between the General Plan Land Use Map and the Zoning Map. Because the subject site is proposed for single-family residential development the zone change will more accurately reflect the land use pattern and protect residents from overly intense agriculture uses. Section E.2 of the General Plan 2. ZONING CONSISTENCY Following adoption of the updated land use element, highest priority shall be given to initiating comprehensive amendments to the zoning ordinance to achieve consistency between zoning and the new general plan. These amendments would include: Amend the text and map to mirror the Land Use Element. -�il ITEM NUMBER: B-4 DATE: 06/26/2001 • CONCLUSION: • The proposed zoning district is consistent with the Suburban Single Family General Plan designation. • The proposed project is consistent with the Implementation Chapter of the City's General Plan. • The proposed project will be consistent with the proposed residential development. FISCAL IMPACT: None ALTERNATIVES: 1. The City Council may approve the Zoning Map change with modifications. 2. The City Council may deny of the Zoning Map change. The Council should state • its reason for the denial. 3. The City Council may continue the action and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ATTACHMENTS: Attachment 1: Planning Commission Resolution 2001-0016 Attachment 2: Draft Ordinance • 212 Attachment 1: Planning Commission Resolution 2001-016 • RESOLUTION NO. PC 2001-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2001-0013 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192- 018, 054-191-026, 054-191-027, 054-191-020, 054-191-021 FROM "A (AGRICULTURE) TO "RS" (RESIDENTIAL SUBURBAN) (City of Atascadero) WHEREAS, an application has been initiated by the City of Atascadero (6500 Palma Avenue) Applicant to consider a project consisting of a zone change from A (Agriculture) to RS on APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, and 054-191-021; and, WHEREAS, the site's General Plan Designation is SSF (Suburban Single Family) is consistent with the RS (Residential Suburban) zoning district; and, WHEREAS, the site's current zoning district is "A" (Agriculture); and, WHEREAS, Section E.2 (Implementation) of the City's General Plan states that • highest priority shall be given to initiating comprehensive amendments to the zoning map so that the zoning map is consistent with the Land Use Diagram. WHEREAS, the Planning Commission 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, April 17, 2001, considered Zone Change 2001- 0013, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, • 213 ITEM NUMBER: DATE: 6/26/01 • NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Zone Change 2001-013 The Planning Commission finds as follows: 1. The proposed zone change is consistent with the General Plan. 2. The proposed zone change will protect the health, safety and welfare of its citizens by applying orderly development of the City SECTION 2. Recommendation The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2001, resolved to recommend that the City Council introduce for first reading an ordinance amending the Official Zoning Map for subject site consistent with the following: 1. Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. • On motion by Commissioner Fonzi, and seconded by Commissioner Norton the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Fonzi,Norton, Blazer and Chairman Eddings (4) NOES: None ABSENT: Commissioners Bentz, Jeanes, and Kelly (3) ABSTAIN: None ADOPTED: April 17, 2001 CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chair Attest: • Warren Frace Interim Planning Commission Secretary 214 ITEM NUMBER: DATE: 6/26/01 EXHIBIT A: Planning Commission Resolution 2001-016 Proposed Zoning Change General Plan Land Use Map: SSF Suburban Single Family All \ . i Esso dido enue Zoning Map: Existing Zoning: "A"Agriculture Proposed Zoning: "RS" Residential Suburban ,1 . r i a � Escd dido enue • 215 DRAFT ORDINANCE • AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2001-0013 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 054-192-004, 054-192-0059 054-191-0259 054-192-0179 054-192-018, 054-191-0269 054-191-0279 054-191-0209 054-191- 021 FROM "A " (AGRICULTURE) TO "RS" (RESIDENTIAL SUBURBAN) (City of Atascadero) WHEREAS, an application has been initiated by the City of Atascadero (6500 Palma Avenue) Applicant to consider a project consisting of a zone change from A (Agriculture) to RS on APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191-027, 054-191-020, and 054-191-021; and, WHEREAS, the site's General Plan Designation is SSF (Suburban Single Family) is consistent with the RS (Residential Suburban) zoning district; and, WHEREAS, the site's current zoning district is "A" (Agriculture); and, WHEREAS, Section E.2 (Implementation) of the City's General Plan states that highest priority shall be given to initiating comprehensive amendments to the zoning map so that the zoning map is consistent with the Land Use Diagram. 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, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2001, studied and considered Zone Change 2001-0013, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project recommended the project for approval to the City Council, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on June 26, 2001, studied and considered Zone Change 2001-0013, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project and the Planning Commission's recommendation, and, • 216 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. 1. 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. 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: J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 217 EXHIBIT A: Draft Ordinance • Proposed Zoning Change General Plan Land Use Map: SSF Suburban Single Family EscolfldAo A enue • Zoning Map: Existing Zoning: i0A"Agriculture Proposed Zoning: 'IRS" Residential Suburban ,, tt , 1 Esc7d do enue m • 218 ITEM NUMBER: C- 1 DATE: 06/26/2001 NA • i9ia ® ia7e Atascadero City Council Staff Report — Public Works Department Circulation Improvement Report and 2002 State Transportation Improvement Program (STIP) RECOMMENDATION: Council receive this report on proposed circulation improvements for Atascadero and the 2002 STIP and provide direction to staff on the proposed STIP nominations. REPORT-IN-BRIEF: • Atascadero has circulation problems associated with Hwy 101, El Camino Real and other collectors and arterials. The City is having a traffic model produced to identify circulation problems and identify mitigations for them. The City and Caltrans have several circulation improvement projects in design that are funded for construction. The 2002 STIP in San Luis Obispo County is estimated to have $44.25 million in funding available. Staff is working on nomination for the STIP and is looking for Councils direction. DISCUSSION: Background: Atascadero is a beautiful hillside colony with a road system that was laid out in the early 1900's, by E.G. Lewis. The roads in the hills on the west side of town are generally steep, twisting and narrow and serve large residential lots. The roads on the eastside of the town are also steep, twisting and narrow and serve smaller residential lots. Collector roads funnel the residential traffic from the east and west to the service areas of the community. The commercial service areas are located along the two main arterials in the community. The arterial roads are El Camino Real in a north-south direction and Morro Road (State Route 41) in an east-west direction. • In 1957 the State constructed Hwy 101 just to the west of El Camino Real. The close proximity of these two major roads is one of the main causes of poor circulation along the corridor. The main reasons for the circulation problems are: 219 ITEM NUMBER: C- 1 DATE: 06/26/2001 • The on and off ramps for Hwy 101 are difficult to locate in the tight areas constricted by local • roads. • Hwy 101 restricts east-west traffic movements • High volumes of traffic seeking services and circulation. • The close proximity of the interchanges to each other. Road Maintenance is the number one priority of the Citizens of Atascadero and the City Council. The City has taken an aggressive approach in funding and delivering road maintenance. Road maintenance is covered in the Atascadero Road Program and will not be discussed in this report. The next report on the Atascadero Road Program will be on August 28, 2001. Summary: Circulation issues are being addressed in the following ways: Studies Traffic Model A traffic model for the entire City is being produced. A traffic model is a computer simulation of traffic flow. The existing circulation system is entered in the model with specific circulation constraints taken into consideration. The model is then tested with current actual traffic counts. This model will enable staff to predict the impact of new developments, circulation improvements and projects on the circulation system. • Hwy 101 Corridor Study A detailed study of Hwy 101/El Camino Real corridor from Santa Rosa Road to San Anselmo Road is being completed. This study will use the traffic model to identify current traffic constraints and recommend solution. Caltrans requires this study to investigate area wide solutions to the close proximity of the interchanges in Atascadero. This document will be used by the City and Caltrans to identify and fund future improvements. Curbaril/El Camino Real detailed circulation study The circulation on El Camino Real from Palomar to Curbaril and Curbaril from El Camino Real to Hwy 101 performs at a low level of service during peak hour flows. This is a result of high traffic volumes on El Camino Real, driveway locations, existing road improvements, shopping center layouts and access and Juniper Road access. This study will recommend future driveway location, road improvements and site access improvements that will improve circulation. Circulation Element The data and information from these three studies and the recommended alternative from the new General Plan will be used to produce a new circulation element. The Element will designate the circulation pattern for the City. A priority list of improvements will be produced to complete the • circulation system for the City. 2no ITEM NUMBER: C- 1 DATE: 06/26/2001 • Planned Funded Projects Santa Cruz Road Santa Cruz Road, from El Camino Real to Carrizo Road will be constructed in the fall. This will complete an important circulation loop with Traffic Way. This north-south link will provide access to new and existing residential and industrial development in north Atascadero without using El Camino Real. Santa Ysabel Reconstruction Santa Ysabel is a north-south collector through a multi-family zone that connects from Curbaril Road to SR 41. The existing road is narrow in spots and the surface is in need of reconstruction. The plan is to widen the narrow spots, reconstruct the surface of the road and construct bike and pedestrian facilities to serve the residences along the route. Improve this road will help alleviate the traffic volumes on El Camino Real. Traffic calming measures will be included in this project to discourage dangerous driving and exhibition of speed. Hwy 101/Morro Road Interchange A new interchange has been funded for construction at this location. The layout of this new • interchange is shown on attachment"A". The highlights of the new project are: • Wider, higher bridge structure to allow all needed east and west movements on Morro Road. • Dedicated right hand turn pockets in all directions at the intersection of Morro Road and El Camino Real. • Closure of the existing Hwy 101 north bound on ramp and moving this ramp to El Camino Real just to the south of the existing Hwy 101 north bound off ramp. • Closure of Merchant at Morro Road. This project will mitigate the circulation impacts to the residences affected by the closure. This project is scheduled to start construction in 2 '/2 years. The interim interchange is causing circulation problems on Morro Road and El Camino Real. The City and Caltrans have been working together to improve the circulation until the new interchange is built. Morro Road east bound will be restriped in the next month to improve the eastbound circulation under the bridge. Funded Project Studies Traffic Way Interchange A Project Study Report (PSR) on a reconstructed interchange at Hwy 101 and Traffic Way is being produced. A PSR is a document that studies solutions to circulation deficiencies. The deficiencies of the Traffic Way interchange are: • • High accident rate on the Hwy 101 northbound off ramp. • High accident rate on the Hwy 101 northbound on ramp. • Short weave between SR 41 northbound on ramp and Traffic Way off ramp. 221 ITEM NUMBER: C- 1 DATE: 06/26/2001 • Projected level of service "F" on all ramps in 2020. • The Project Development Team investigated 16 alternative solutions. 3 of the 16 alternatives were selected for detailed evaluation. The 3 alternatives are: • Alternative 1: Northbound ramps at West Mall. Southbound ramps at Ardilla (attachment "B„) • Alternative 2: Northbound ramps near Rosario Ave. Southbound ramps at Ardilla (Attachment"C") • Alternative 3: Northbound and Southbound ramps under the bridge at Traffic Way. (Attachment"D") The PSR evaluates the alternatives for circulation improvments, safety, environmental impacts, costs and other criteria. The Draft PSR is being reviewed by Caltrans, San Luis Obispo Council of Governments and City Staff. A Project Report and Environmental Review will be completed after the PSR is approved. The Project Report is the document that will be used to select a preferred alternative. Lewis Avenue Bridge Lewis Avenue Bridge is an important circulation element for the City. The Bridge will provide a link from Curbaril Ave to Traffic Way and reduce trips on El Camino Real. The Bridge will provide a pedestrian and bike connection from the Downtown to Stadium Park and other uses on the south side of Atascadero Creek. The Bridge is an important link in filling the Lewis vision of Atascadero and could help revitalize Downtown Atascadero. The City has programmed $35,000.00 to begin preliminary design and environmental review of the project. 2002 STIP The STIP is the program the State uses to distribute State and Federal funds to local jurisdictions. In San Luis Obispo County the 2002 STIP fund estimate is $44.25 million. The San Luis Obispo Council of Governments (SLOCOG) is responsible for distributing the funds. Attachment "E" is detailed information from SLOCOG on the 2002 STIP. These funds can be used for projects in 5 different categories: • State Highway Improvments $28.6 million • Local Routes of Regional Significance $4.8 million • Local Choice $4.8 million • Enhancement Projects $4.0 million • • Transit, ITS & Rail Projects $1.8 million 222 ITEM NUMBER: C- 1 DATE: 06/26/2001 • The City was awarded $200,000.00 in funds from the 2000 STIP for the Curbaril Bridge over the Salinas River. This bridge will replace the existing Caltrans Bridge that was removed. The bridge will be for Pedestrians, Bicycles, horses and emergency access. The total estimated project cost was $382,500.00. The City applied for an EEM grant from the State for the remaining $182,500.00. The grant does not look like it will be funded. The State had twice the requests for funds as funds available. Staff has requested that SLOCOG allow the City to complete the design of the bridge with a portion of the $200,000.00 in STIP funds and use the remaining funds on Downtown circulation, pedestrian and landscaping improvments. SLOCOG staff has indicated a willingness to recommend this to the SLOCOG Board for approval. See Attachment "I"' for a list of projects that staff is recommending. A Project Study Report is required on all projects that are submitted for funding. The Project Study Reports must be approved and the local agency commitment to funding the match must be to SLOCOG by September 5, 2001. Staff will bring the finished Project Study Reports and the requested match back to City Council on August 28, 2001 FISCAL IMPACT: None • ATTACHMENTS: Attachment"A"—HWY 101/SR 41 planned Improvements Attachment"B"—Traffic Way Interchange, Alternative 1 Attachment "C"—Traffic Way Interchange, Alternative 2 Attachment "D"—Traffic Way Interchange, Alternative 3 Attachment"E"—2002 STIP information from SLOCOG Attachment"I"'—2002 STIP for Atascadero • 223 ATTACHMENT A �L js D ROS4.�,O z TRA_Mr D I SANTA a� E [(ice ENTRADA A y D WEST MAIL NAC, EN iE:�� El E � W U1 -= • ATASCADERO CREEK Ramps to SA"rA be Remove y tie r NAVAJDA FUTURE HWY 41 Remove Roads Us 10 Hey 41 Improvements Curren In Design by Caltrans ROPoI Nit A` ` Z CORIOA r R D Z m -� yc ,tee e /n 9p9 ROBES 224 • ClYear 2020 Base Conditions with Planned 101 / HWY 41 I.C. Improvements File:278EX4R.0 WO(053001)25-1285-0l ATTACHMENT B Njs D�OSq,�,O z US 101 raffic Way PS Improve is TRAFF�.^ y� QCD -1SANTA NTRAOA �r a WEST MALL INA TO 0 _ J EAST MALL CrW • (/1 __ O ATASCADERO CREEK " Ramps to W be Removed SANTA `ems mfr NB 101 amp impacted by NB off- mp at West Mali hT T NAVAJOA FUTURE HWY qt US 10 Hwy 41 Improvements Curren in Design by Caltrans RaPol MO�RO H ANN CO TECORIOA r n x cu z m ,T e H 9�C 19�q ROeceS CITY OF ATASCADERO 225 • U.S. 101/TRAFFIC WAY PSR Year 2020 Base Conditions Alternative 1 File:278E%40<.DWG(053001)25-1285-01 ATTACHMENT C ti js D�OSq,�,O Z D US 101 raffic Way PS Improv is F y� o I SANiq ENTRADA �r D WEST MALI NACIMENTO EAST MALL a o w UI -� O ATASCADER0 CREEK w Ramps to a SA"TA be Remove ue AFI h� T NAVAJOA FUTURE HWY 41 US 10 Hwy 41 Improv ents Currently IMD��D ROpOI in Desig by Caltrans N.tf( 4� TECDRIOA A i m h� Q ti Arc 9tiT fS CITY OF ATASCADERO 226 U.S. 101/TRAFFIC WAY PSR Year 2020 Base Conditions Alternative 2 File:278EX41c.Dw0(053001)25-1285-01 ATTACHMENT D QTS D�OS4'�% Z a Re I gn US 101 ainline ne TRAF—F^ SANTA 013 4 � rI FNT Ramps Enter -Q and Exit on Left wEs MA NAC/,uEN TO El EAST MAIL o w • N 0 ATASCADER0 CREEK ---- z W Ramps to S4NTA be Remove J h tie Q NAVAJDA FUTURE HW,41 US 10 Hwy 41 Improv ents Currently ORRQ RDpDI in Deisg by Caltrans M NYT< AIN, ` h,CORj A n x 4 z m ,tee e h 91'l 9�9 ROetfS • CITY OF ATASCADERO 227 U.S. 101/TRAFFIC WAY PSR Year 2020 base Conditions Alternative 3 File:278EX42c.0 WG(053001)25-1285-01 ATTACHMENT E SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT MEETING DATE: June 6,2001 SUBJECT: 2002 Regional Transportation Improvement Program (RTIP) Project Evaluation and Ranking,Process SUMMARY On April 11 the SLOCOG Board approved project categories, funding targets, and the program adoption schedule for the 2002 RTIP. The purpose of this staff report is to present the attached project evaluation and ranking process for review and approval. The major milestones for the process are as follows: • Project funding requests submitted to SLOCOG staff for ranking September 5, 2002 • Staff recommendations presented to Advisory Committees approval October 24, 2001 • RTIP adopted by SLOCOG Board December 5, 2001. The proposed criteria for evaluating projects for the 2002 RTIP are nearly identical to those used for the 2000 RTIP for projects. Special criteria were developed for Transit, ITS and Rail Projects, as none were needed for the 2000 RTIP due to the programming policies. Attachment A provides specific details of the proposed project evaluation and ranking process (particularly notable changes have been highlighted). Special consideration will be given to providing off-the-top funding of projects in jurisdictions that"lost" cost savings to the State from the 1999 or 2000 STIP cycle. All major changes'in the criteria from the 2000 RTIP (additions or deletions) are either underlined or crossed out, as applicable. Copies of all application forms are available in electronic versions. Attachment B is the overall RTIP development and adoption schedule. RECOMMENDATION Staff: Approve Proposed 2002 RTIP Project Evaluation and Ranking Process • CTAC: Concur TTAC. Concur BACKGROUND A total of $44.25 million is estimated to be made available for SLOCOG programming in the 2002 RTIP. The proposed distribution of funding approved at the April Board meeting has five categories of projects, as follows: � CATEGORY PERCENT TARGET State Highway Improvements 65% $28.6 million Local Projects 22% $9.6 Million Routes of Reg. Significance (competitive)_ (11%) ($4.8 million) Local Choice (formula) (11%) ($4.8 million) Enhancement Projects (Transportation Only) 9% $4.0 million Transit, ITS & Rail Projects �4% $1.8 million DISCUSSION The proposed project programming process is nearly identical to that used for the 2000 RTIP. Most of the funding will be allocated through a competitive process, except for local choice funds, which will be allocated directly to each city and the county on a formula basis. SLOCOG staff will be responsible for recommending projects based on regional priorities and funding constraints. The County and Cities in the region are also authorized to submit applications for funding in this category. Projects submitted in the competitive categories will be awarded points by an evaluation team composed of SLOCOG and Caltrans staff. The criteria for evaluating enhancement projects has been slightly modified to more clearly address the funding category. A special set of criteria was developed for Transit, ITS & Rail projects as none had • been previously needed. The following attachment describes in detail the proposed project evaluation and ranking process for the 2002 RTIP. B-2-1 w Attachment A Draft Proposed 2002 Regional Transportation Improvement Program (RTIP) Project Evaluation and Ranking Process • A. State Highway Improvements - $28.6 million will be made available as a "Target" for project programming in this category. SLOCOG staff are responsible for recommending projects based on regional priorities and funding constraints. The County and Cities in the San Luis Obispo region are also authorized to submit applications for funding on a competitive basis. To be eligible for competitive consideration, each request must be made using the SLOCOG application package, and meet the following minimum threshold criteria: • The project provides congestion relief by adding system capacity, or providing operational improvements, and other improvements to enhance the efficiency of the highway (including Park-and-Ride lots). • A completed Project Study Report (PSR) (or equivalent) has been approved by Caltrans District 5 by September 3, 2001, and • For projects submitted by a city or the County, a resolution or minute action authorizing the application and committing any local matching funds has been provided from the governing board of the applicable jurisdiction. Programming will be limited to funding for PA&ED for all projects requiring an EIR. For such projects, a simplified scoping document (the PSR/PDS) may be submitted instead of a full PSR. Proiect Ranking & Funding Criteria: Each project may be awarded up to 120 points • based on the following criteria and regional significance (following ranking, additional consideration will be given to provide an equitable distribution of funding): 1. Plan Consistency - Up to 15 points for policy and/or project specific consistency with adopted plans, including the Regional Transportation Plan (RTP), local general plan/circulation element, or Caltrans system/concept plan). 2. Safety or Security - Up to 15 points when addressing a safety/security problem of regional significance including: the potential for accidents mitigated, severity of accidents mitigated or the potential to mitigate safety or security issues. 3. Project Need - Up to 15 points based upon the demonstrated need for the project as defined in the PSR, including: population served, system completion, and access enhancement. 4. Intermodality - Up to 15 points when addressing an intermodal edai need including: bicycle or pedestrian enhancements, population served, downtown access, and the degree to which the project enhances intermodal M611timeda-1 effectiveness, efficiency and/or directness. 5. Congestion & Air Quality - Up to 15 points for mitigation of congestion/air quality including current and future level-of-service improvements. 6. Cost Effectiveness - Up to 15 points based upon the demonstrated cost effectiveness of the project. 7. Proposed Funding - Up to 15 points based on the percentage funding • contribution provided, including matching funds, in-lieu contributions, Caltrans funding, or previously programmed funds. B-2-2 2 02 9 8. Overall Significance — Up to 15 points based on the local, regional or statewide significance of system or service. B. Projects on Routes of Regional Significance - $4.8 million would be made available • on a competitive basis for projects submitted by the County or Cities in the San Luis Obispo region. Special consideration will be given to providing off-the-top funding for proiects in iurisdictions that "lost" cost savings to the State from the 1999 or 2000 STIP cycle. To be eligible for consideration, each request must be made using the SLOCOG application package, and meets the following threshold criteria: • The proposal is for an improvement to a "Route of Regional Significance" on the Federal Aid System. • A Project Study Report Equivalent (PSRE) is or will be completed and submitted to SLOCOG staff by September 3, 2001. • The minimum amount proposed for construction of a new project is at least $300,000, and no more than $1 million (additional funding may be provided for a previously programmed project). • A resolution or minute action authorizing the application and committing a local funding match has been provided from the governing board of the applicable jurisdiction. Project Ranking & Funding Criteria: Each project may be awarded up to 120 points based on how well the project addresses the following criteria: 1. Plan Consistency - Up to 15 points for policy and/or project specific consistency • with adopted plans, including the Regional Transportation Plan (RTP), local general plan/circulation element, or Caltrans system/concept plan). 2. Safety or Security - Up to 15 points when addressing a safety/security problem of regional significance including: the potential for accidents mitigated, severity of accidents mitigated or the potential to mitigate safety or security issues. 3. Project Need - Up to 15 points based upon the demonstrated need for the project including: the population served, system completion, and access enhancement. 4. Intermodality - Up to 15 points when addressing an intermodal nultirnedal need including: transit, bicycle or pedestrian enhancements, population served, downtown 'access, and the degree to which the project enhances intermodal medal effectiveness, efficiency and/or directness. 5. Congestion & Air Quality - Up to 15 points for mitigating a congestion or air quality problem, including current and future level-of-service. 6. Cost Effectiveness - Up to 15 points based on the demonstrated cost effectiveness of the project. 7. Proposed Funding - Up to 15 points based on the percentage funding contribution provided, including matching funds, in-lieu contributions, Caltrans funding or previously programmed funds. 8. Overall Significance — Up to 15 points based on the local, regional or statewide significance of system or service. • B-2-3 -.2 C. Local Choice (Rehab/improve/match) - $4.8 million would be made available for on a. formula basis (previously adopted by SLOCOG) for projects submitted by the County or Cities in the San Luis Obispo region. Eligible projects are limited to improvements of federal aid roads (collectors, arterials), or transit capital improvements. Funds may also be used for road rehabilitation, reconstruction, improvements (such as shoulder widening or bikelanes), a match for a "major project", or_previously-programmed but underfunded projects. Funding may also be placed in "reserve" for future project programming to provide a local match for major highway projects or to coordinate construction with major utility upgrades or other improvements. Each funding request must be made using the SLOCOG application package. A streamlined Project Study Equivalent (PSRE) equivalent must be submitted for requests under this category. To assure that funding for roadway rehabilitation is fully expended without unanticipated "cost savings" that might be lost, applicants are encouraged to define the scope of their projects in general terms to allow additional work to be done in the general vicinity. The following funding allocations for Local Choice Projects are based on the formula approved in April, 2001 City of Arroyo Grande $388,000 City of Atascadero $533,000 City of Grover Beach $388,000 City of Morro Bay $339,000 City of Paso Robles $485,000 City of Pismo Beach $339,000 City of San Luis Obispo $582,000 County of San Luis Obispo $1.79 million Project Ranking & Funding Criteria: All project funding requests submitted by a local agency will be recommended for funding up to the total amount of the adopted target, as long as the project is on a Federal Aid Route. • D. Enhancement Projects (Transportation Only) - $4 million would be made available on a competitive basis for projects submitted by SLOCOG, the County or Cities in the San Luis Obispo region. To be eligible for consideration, each request (including funding for previously programmed but underfunded projects) must be made using the SLOCOG application package, and involve one or more of the following actions: • Provide facilities for pedestrians and bicycles, incl. safe routes to schools. • Landscape beautification, including street trees and planted medians, on highways or routes of regional significance • Aid in the prevention of water pollution due to highway runoff; • Downtown enhancements, including landscaping, bulbouts, street furniture, trees lighting, and crosswalks. • Energy conservation projects, including traffic signal upgrades. All other "official" Transportation Enhancement (TE) categories, including acquisition of scenic easements or historic sites, and historic preservation projects will not be considered, as they are ineligible for STIP funding. New projects must have an estimated construction cost of not less than $250,000 and a funding cap of no more than $1 million. A streamlined Project Study Report Equivalent (PSRE) (Form C) must be submitted for project funding requests under this category. A resolution or minute action authorizing the application and committing any local matching funds must also be provided from the governing board of the applicable jurisdiction Proiect Ranking & Funding Criteria: Each project will be evaluated based on completion of the TE Project application form (attached), with up to 120 points awarded based on the following primary criteria: B-2-4 231 1. Plan Consistency — Up to 20 points for policy and/or project specific consistency with adopted plans including the Regional Transportation Plan (RTP) local general plan/circulation element, or Caltrans system/concept plan) 2. Project Benefits — Up to 40 points based on the degree to which the project • improves overall community quality-of-life, economy and/or the environment. 3. Access Improvement — Up to 20 points based on how well the project tnoresss enhances safe access on or across roadways, and to activity centers, including schools recreational area and shopping centers. 4. Project Support — Up to 5 points based on the degree of regional or community support, including letters or supports, resolutions or other documentation. 5. Cost effectiveness - Up to 20 points based upon the demonstrated cost effectiveness of the project. 6. Proposed Funding - Up to 15 points based on the percentage funding contribution provided, including matching funds, in-lieu contributions, or previously programmed funds E. Transit, ITS & Rail Projects - $1.8 million would be made available on a competitive basis for projects requested by the County, Cities, a transit agency, or SLOCOG. Eligible "High Tech" projects will provide a regional benefit as either a pilot project or a stand-alone project, and must be consistent with the Central Coast Strategic ITS Deployment Plan. These include advanced lighted crosswalks, emergency vehicle signal over-ride, signal synchronization on Routes of Regional Significance, and Advanced Traveler Information Systems. Bus replacements must be for "Standard" coaches only, • and shall meet all Federal Transit Administration (FTA) criteria at the time of programming. Rail improvements may include passenger amenities or will help speed implementation of additional intercity passenger rail services, including the proposed daily Coast Daylight train between San Francisco and Los Angeles, and operational efficiency of existing intercity passenger and freight rail services. Project Ranking & Funding Criteria: Each project may be awarded up to 100 points based on how well the proiect addresses the following criteria: 1. Plan Consistency — Up to 20 points for policy and/or project specific consistency with adopted capital improvement plans vehicle replacement or rehabilitation schedule, or short-term transit plan or Central Coast Strategic ITS Deployment Plan. 2. Intermodality — Up to 20 points for providing or improving intermodal connectivity) improving access between modes systems and activity centers or helping achieve gap closure. 3. Overall Significance — Up to 20 points based on the local regional or statewide significance of system or service. 4. Cost Effectiveness — Up to 20 points based upon the demonstrated cost effectiveness of the proiect. 5. Proposed Funding — Up to 20 points based on the extent to which a share of the funding for the proposal is provided by other agencies, jurisdictions or programs. • B-2-5 232 Attachment B Adopted 2002 RTIP Development Schedule Dates Milestone Description Apr. 11, 2001 SLOCOG Board adopted RTIP development schedule, project funding categories and target amounts Apr. 12, 2001 SLOCOG staff issue official Call for Projects to eligible applicants May 1, 2001 Deadline for delivery of draft PSR's to Caltrans and SLOCOG staff for initial review May 23, 2001 TTAC & CTAC review and approve proposed project evaluation and ranking criteria June 6, 2001 SLOCOG Board reviews and approves project evaluation and ranking criteria June 30, 2001 Deadline for approval of PSR's for ITIP projects July 1, 2001 Deadline for Caltrans to return draft PSR's to local agencies following intial review for final changes July 15, 2001 Caltrans issues draft STIP fund estimate Aug. 1, 2001 Deadline for local agencies to return revised PSR's to Caltrans for final review and approval Aug. 15, 2001 CTC adopts STIP fund estimate Aug. 16, 2001 SLOCOG staff issue updated notification of funding distribution per CTC action • Sept. 3, 2001 Deadline for approval of PSR's & PSR equivalents by Caltrans District 5 Sept. 5,2001 Deadline for delivery of project applications to SLOCOG staff Sept. 14, 2001 Caltrans issues draft ITIP Straw proposal Sept. 6 thru Oct. SLOCOG staff evaluate and rank project funding applications, and prepare 18, 2001 recommended RTIP Oct. 24, 2001 SLOCOG staff present draft recommendations to RTAC, TTAC & CTAC for review and approval Nov. 7, 2001 Staff recommendations presented to SLOCOG Board & Draft RTIP released to public for review Dec. 5, 2001 Final adoption of RTIP by SLOCOG Board Dec. 15, 2001 Deadline for submittal of approved RTIP to Caltrans April 2002 CTC adopts 2002 STIP J3- Z- ( 233 2002 STIP for Atascadero �. 1. Atascadero Road Program. (Local Choice) These funds will be used for road maintenance projects on roads selected from the Circulation Plan Roads Priority List. Atascadero will receive $533,000 per the SLOCOG formula. No Match 2. Lewis Ave Bridge (Projects on Routes of Regional Significance and Enhancement Projects)Estimated Cost $1,500,000.00. This is for the design and construction of this bridge. Street and Bridge Fee Match 3. Curbaril Bridge Design. (2000 STIP rollover) Estimated Costs $35,000.00. This bridge will replace the Caltrans Bridge that was removed. The bridge will be for Pedestrians, Bicycles, horses and emergency access. No Match 4. Downtown circulation, pedestrian and landscaping improvments. (2000 STIP rollover) Estimated Costs $165,000.00. These funds would be added to the existing project from the 2000 STIP called "El Camino Real Scenic Beautification and pedestrian facilities". This project is for the construction of landscaped medians and pedestrian bulb outs on El Camino Real from West Mall to East Mall and Atascadero Creek Trail improvments from El Camino Real to Lewis Ave. No Match 5. SR 41/11wy 101 Interchange short fall (State Highway Improvments) Estimated Cost $2,000,000.00. The interchange replacement project is currently funded with approximately $8 million of STIP funds. The current construction estimates are higher than the funds programmed. No Match 6. Highway 101 Landscaping and tunnel lighting and beatification (Enhancement Project) Estimated Costs $250,000.00. The Hwy 101 corridor through Atascadero is poorly landscaped. The tunnel under Hwy 101 has poor lighting and needs landscaping. This project would install landscaping along the corridor and the tunnel. No Match 234 ITEM NUMBER: C-2 DATE: 06/26/2001 Kim's i Nil cars � s 1979 Atascadero City Council Staff Report — City Manager's Office Energy Conservation Measures RECOMMENDATION: Council authorize the City Manager to implement specified measures to reduce the City's consumption of electricity. DISCUSSION: Background: The State of California is experiencing an energy crisis that may significantly increase the City of Atascadero's electrical utility costs. Specifically, the Public Utilities Commission has approved rate surcharges for P.G. & E. commercial customers (Attachment A) that could potentially result in a 55.4% increase to the City's electric bills. The projected 55.4% increase in electrical costs is based on historic averages of the City's annual kilowatt usage. If the amount of kilowatt usage is reduced through conservation efforts, the financial impact of this increase may be reduced. Staff is proposing a variety of energy conservation measures that will help reduce our energy consumption and achieve the Governor's goal of reducing energy consumption by 10% in public buildings. The Governor initially requested cities initiate conservation measures to reduce energy use by 7%. That number was later increased to 10% and recently the Governor has discussed a 20% reduction. Representatives of the League of Cities met with the Governor's office explaining that much of cities energy consumption could not be reduced because of the nature of the service. The League and Governor have come to a compromise of 15% that will be unveiled in the next couple of weeks. Previously, the City has taken steps to reduce our consumption of electricity. In the last two years, both the City Administration building and the Pavilion have been retrofitted with energy saving T-8 florescent lighting. In addition, P.G&E. has recently analyzed our current meter rates to determine the most cost-effective rate categories. Energy audits by P.G. & E. have been requested, the results of which may reveal additional energy conservation measures. 235 ITEM NUMBER: C-2 DATE: 06/26/2001 Analysis: Annual payments to P.G. & E. by the City of Atascadero for electricity have averaged $261,000.00 over the past three years (Attachment B). Kilowatt surcharge rates for summer and winter, approved by the Public Utilities Commission may result in significant electrical utility cost increases for the City of Atascadero, approximately $145,000.00 per year. (Attachment C). The bulk of the City's cost for electricity results from the wastewater treatment system, 47%, and for streetlights and traffic signals, 18%. (Attachment D). Wastewater and Streets make up a combined 65% of the City's electrical utility use. Staff is currently investigating options to reduce energy use in these areas. Some of the energy conservation options in these two areas may require substantial up-front capital costs and eventual cost recovery may take many years. The energy conservation measures recommended below, primarily involve public buildings, which represent only 35% of the City's total electrical utility costs. • 236 ITEM NUMBER: C-2 DATE: 06/26/2001 Recommended Measures to Reduce the City's Use of Electricity • Measure Location Capital Invest. Est. Ann. Savings g Set thermostats to approx.78 degrees Admin Building $0.00 4-5% ($1,200-$1,600) Pavilion 4-5% ($750-$950) Police Station 4-5% ($1,000-$1,500) Fire Station#1 4-5% ($2254300) Fire Station#2 4-5% ($150-$200) Turn off PC's,printers All locations $0.00 0.25% ($500) & monitors at night Turn-off non-essential lights All locations $0.00 1% ($1,300-$1,500) Turn-off Sunken Gardens fountain Sunken Gardens $0.00 75% ($900-$1,100) Elevator/Accessibility and Admin. Building $0.00 2-3% ($700-$1,300) delivery purposes only Alternate Work Schedules Implement 4 x 10 schedule Admin. Building $0.00 3-4% ($1,000-$1,200) (July and August Only) Establish "environmental Admin Building $0.00 Unknown cooling procedures" Pavilion Police Station Fire Station#1  Caulk Windows/Window sills Admin.Building $ 50.00 0.5% ($200) Replace Weather-stripping on doors All locations $200.00 .5% ($500) Install Sunblock exterior window screens Admin Building $600.00 1-2%($700-$1,400) Install"block-out" interior window shades Admin Building $600.00 1-2%($700-$1,400) Install energy efficient light bulbs All locations $200.00 0.25%($300) TOTAL ANTICIPATED COSTS/SAVINGS-ALL LOCATIONS $1,650.00 $10,000-$14,000 The estimated savings from the energy conservation measures recommended above are somewhat conservative. Aggressive monitoring of lighting and air conditioning use in City buildings may result in additional savings. FISCAL IMPACT: Approval of these recommended energy conservation measures will result in expenditures of approximately $1,650.00 and projected annual savings of approximately $10,000 to $14,000 per year. 0 ALTERNATIVES: None 237 ITEM NUMBER: C-2 DATE: 06/26/2001 ATTACHMENTS: Attachment A- P.G. & E. Commercial Energy Procurement Surcharges Attachment B- Three-year Average City cost for Electricity Attachment C- Projected Surcharge Cost Increases Attachment D- Pie-Chart- Electricity by Department • 238 06/11/2001 MON 09:33 FAX 415 972 5309 SF BCC ATTACHMENT' A 002 Revised Cal. P.U.C. Sheet No. 18178-E" Pacific Gas and Electric Company Cancelling Original Cal. P.U.C. Sheet No. 17863-E rSan Francisco, California SCHEDULE E-EPS:_ENERGY PROCUREMENT SURCHARGES (T) APPLICABILITY: This schedule applies to electric customers as described below. The surcharges under (T) this schedule provid D an increase in revenues,subject to refund or adjustment,for the I purpose of improving utility recovery of the costs of procuring future energy costs in the wholesale market. (T) TERRITORY: Schedule E-EPS applies everywhere PG&E provides electric service. RATES: The following surchr rges are applied after all other calculations are made pursuant to (T) the terms set forth it each rate schedule: 1. An Energy Procurement Surcharge shall be charged to all electric service customers,exc3pt customers taking service on the California Alternative Rates for Energy(CARE)program,and customers taking service on Schedule E-DEPART. (T) Per kWh $0.01000 2. An additional Energy Procurement Surcharge shall be charged to all bundled (N) service customers,except customers taking service on the California Alternative Rates for Enercy(CARE)program or who receive a medical baseline allowance. I For Residential Tier 1 and Tier 2 rates,see the customer's otherwise-applicable rate schedule. Tier 3 rates apply to 130 percent to 200 percent of the customer's Tier 1 baseline quantity;Tier 4 rates apply to 201 percent to 300 percent of the Tier 1 baseline quantity;Tier 5 rates apply to use over 300 percent of the Tier 1 • baseline quantity. I I Rate Schedul_: Surcharge ($,kWh) Residential: E-1, EM, ET, ES, ESR,E-7, E-A7, E-8, E-9 I Tier 3 $0.05124 I Tier 4 $0.09517 Tier 5 $0.11505 Commercial/Industrial: A-1 Summer $0.06140 Winter $0.02838 I A-6 Summer On-Peak $0.10064 Summer Partial Peak $0.04551 Summer Off-Peak $0.03551 Winter Partial Peak $0.04551 I Winter Cff-Peak $0.03551 A-10 Transmission Summer $0.04898 Transmission Winter $0.03906 PrimarySummer $0.06338 Primary Winter $0.02745 Secondary Summer $0.06042 I Secondary Winter $0.02888 I Sc (N) Advice Letter No. 2119-E Issued by Date Filed_ May 22,2001 Decision No. 01-05-064 DeAnn Hapner Effective June 1,2001 Vice President Resolution No. 44516 Regulatory Relations �`€ 3 06/11/2001 MON 09:33 FAX 415 972 5309 SF BCC Idl 003 Original Cal. P.U.C. Sheet No. 18179-E Pacific Gas and Electric Company Cancelling Cal. P.U.C.Sheet No. San Francisco, California SCHEDULE E-EPS—ENERGY PROCUREMENT SURCHARGES (N) (Continued) RATES: Rate Schedule Surcharge (Cont'd.) ($/kWh) � Commercial/Indusirial (Cont'd.): A-15 Summer $0.06371 Winter $0.02731 TC-1 Summer $0.04551 Winter $0.04551 E-19 Transmission Summer On-Peak $0.08875 Summer Partial Peak $0.04131 Summer Off-Peak $0.03131 Winter Partial Peak $0.04131 Winter Off-Peak $0.03131 E-19 Primary Summer Oil-Peak $0.09202 Summer Partial Peak $0.04131 Summer Oif-Peak $0.03131 Winter Partial Peak $0.04131 Winter Off-Peak $0.03131 E-19 Secondary Summer On-Peak $0.09070 Summer Partial Peak $0.04131 Summer Oif-Peak $0.03131 Winter Partial Peak $0.04131 Winter Off-Peak $0.03131 E-20 Transmission Summer Ori-Peak $0.09131 I Summer PE.rtial Peak $0.03596 Summer Off-Peak $0.03596 Winter Part al Peak $0.03596 Winter Off-Peak $0.03596 (N) (Continued) Advice Letter No. 2119-E Issued by Date Filed May 22 2001 Decision No. 01-05-064 DeAnn Hapner Effective June 1,2001 Vice President Resolution No. 44519 Regulatory Relations � 0 ATTACHMENT: B • IR IA O M n co 3 74 to co N co Ln Ln m t! 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Ln Z Ln O In O O Ln O m Ln LiVn•• Ln Ln O O O O Ln Ln Ln O O O Ln N O 00 M SCO pl 00 M F 00 °J' r� V' V' V• V• O O LD LO r\ 00 N O O LD LD r, M N LrIj IO CO N CO O O O V' �. N V' Z N �+ V- < O O CO N 01 01 V' V' V' V' V' O O V' O N V• V• V• aC '4 "'L V• '"'L f\ M O V O. 00 V• 00 O O 6 LD d .--L .--I rl 00 O CO LO LD LO LD LO Co O Ln 'U .i Ln -4 M d rl d N .--I rl r-I rl r-L rl N N N N N V' Ln Ln d N N N l0 00 O - N O %0 Q 0: 0:' 0_' O! O! D' LY Q: d' 0-' O! ���p m CO m CO CO m C0 cece O! O S D COm ca ca O m U U U 0 O 0 m m m LL m C7 S S F- LL LL LL p p 0 0 U- m m 2,4.1 • +^i Go N Li N rl 00 m N N M N N N rl N Ln O H to 00 0 N 0% N t0 rl O 00 00 et N I O LA O1 01 n N 0t C! It N to O . . . . . . . . . . . . . . . Ln O N N O M O MN Ln t0 t0 rl 00 O t0 at to N t` O 0 t0 M ri N It N N 00 N Ot CH N at rl -t t0 N N W4 t0 t0 rl C11 M d N rl M 00 N N N i? il!• il!- ii!• il! Uf il!• iA ilf ilf YP ilE � ilt ilf O r N O t0 .-I -4 cn Ln O .-i tD M M Ot O N L,0 l i •-I Ln O? Ln M V: n .-I O Ln ri N M 01V- O r1 ON M M M Ln t0 ^ ri V' V- n l0 z tD -4 N Ln v to f\ � O n C71 M N c0 N O *-L V- N N N N t0 N Oi N ri cr Oco M 00 N N to to N O N N n Ln m � n O M co Cl v N in C O t0 V: n t0 n O O? ri M t0 ��{{ .-i .-i ni t0 00 V Go Ci Ln tC O% M n N t0 OtV' t0 tp Ln V' N M N M t0 Co n O M N M N Ot .i M t0 N N t0 N c0 O M r, O N leN N N U N (D CA N >+ Ln Ln N t0 O O t0 Ot O) O% m M O V• N N t0 V: rl N .-L O1 V: t0 t0 M t0 M M - - N > t0 00 N O t0 m N t0 N O .--I Ln Ln N O N m N m LD M M 01 01 m co O a fn Q n O N N V' N M .-i M +-i N N Ln CU M co cN N N M U >+ N M U n W o v x of m m m C > N T C N E Qp La T Q fO E > T y Q cc m N N J @ v U N I caQ j Q U L6 _ C-6 3: Ot _ V N > E N 0 C N N c Q W W N E L6 Ln0 N W H o .- } N a O m E U F= Ln Ln 5 Ln H a O M -e U N Qi co OOi c 0 0)M co CQ O r LO LOO U' W LOn U) LOC) O to J a LO coo c c � � m m o aw 0 c C N C c c CL CL Q �. O O OL of f6 l9 N N ik is a. a' a. a. to m O CL m C Ls c i Q O �... 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C O1 Ln ' LA .-L .� rl n %0 ' c-4 n .-L M d X pl -4 � n M 1-1 Fm` M a CO U c C/) Q -11 > >, c o C-6 06 as _ o m >, Q f0 E > >, d N o l6 N a LU > m " m C J m m � m coU Q � Q R 0 ea Q m m m 06 o U ai U U m o 0 0 0 'a E a a o �' cn � 19 m Q W Wani F: E Jc c c c j m c 00, L` W E E E E 0 a O E U m F- Ln Ln 0 0 Ln F- a- m m m m � o o e m Lo m o o v� o LA o U U U U N LO M m U C � O CO O c � � O O> O W W W W O Lo C7 W Ln fn to V V U O J LO Ito �G- w a a a Q a a a ¢ ¢ a a a a c CO '0 m iu m c a ul w c cm c c o E E E E ° o o CN :3 w EL CL On ! m CL C7 V oL rn o o of o m c N (/) U U fn J - F- J J J O J J J J J Q U U U U U N NN 0 0 0 CL N ` N oooO m m F- F- 1 J 3'1 cnU) Q 10 m N 0)1(n I M a 0 1> Jul .-L r+ .-L —4 r+ "� m LM .-L -4 .-i ,., .ti rl r1 � .-L .-+ .-L � rl O $ co N O W Lm O O Ln Ln 0 0 0 0 0 W c, H O 01 y 00 Lp CO L- N N 00 00 M LD L0 O M 0 O O N 2 N %D C ^ N O O O < LD I� .-L O CO 00 LO O Ln N V' 00 00 v M O O '2 N N lD �- O N V' O 'V" ,� Q O N co O 01 N O LD Q �FiL -4 ^ OL O Lp O � r+ Ln Ln O �y O co ti U -4 N LD lD d VI .-i `"L N N Ln Lo Ln Ln Ln � � � Ln 2 r1 O m a m m m m m 3 V m m m m m m m m m m m m m m F" 0 LL ,-, ,-, F- LL 244 ATTACHMENT: D • c N C E o a N N � o a Q a� L 0 ,0 �1 � •� II L E �+ co a� W O a L v I ac _ 0 � Q Q o N 245