Loading...
HomeMy WebLinkAboutAgenda Packet 032707r� �rr1970 CITY OF A TASCADER0CITY COUNCIL AGENDA Tuesday, March 27, 2007 Closed Session: 5:30 p.m. Redevelopment Agency: 6:30 p.m. City Council: 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California • CLOSED SESSION: 5:30 P.M. 1. PUBLIC COMMENT — CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH LABOR NEGOTIATORS (Govt. Code Sec. 54957.6) Agency Designated Representatives: City Manager Wade McKinney, Assistant City Manager Jim Lewis Employee Organizations: Department Heads, Confidential, Atascadero Police Association, Atascadero Professional Fire Fighters Association Local 3600 b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec. 54956.8) Property: Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator: Patrick Enright, City Attorney Negotiating Parties: Dr. Gary Renzaglia Under Negotiation: Instruction to negotiator will concern price and terms of payment. • 3. ADJOURN CLOSED SESSION REPORT 1 REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Luna Mayor Pro Tem Brennler Council Member Beraud Council Member Clay Council Member O'Malley 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 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. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call • PRESENTATIONS: 1. Employee Service Award Presentations 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: (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.) 2 • 1. January 2007 Investment Report ■ Fiscal Impact: None. • Recommendation: Council approve the City Treasurer's report for January 2007. [Treasurer] 2. Final Map 2006-0135 (Tract 2621) West Front (TTM 2003-0035) (West Front Village LLC) ■ Description: Final Map creates a 46 lot subdivision that includes commercial retail and multifamily lot. ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and Approve Final Map 2006-0135 (Tract 2621); and, 2. Reject, without prejudice to future acceptance on behalf of the public, the offers of dedication of Portola Road, Coromar Court and San Simeon Court; Easements for Public Utility, Sanitary Sewer, Pedestrian Access, Street Tree, Drainage Basin and Park (Lot 28); and, 3. Authorize and direct City Clerk to endorse the City Council's Approval; and, 4. Authorize City Manager to sign a Subdivision Improvement Agreement for improvements associated with Final Map 2006-0135. [Public Works] 3. Final Map 2007-0151 (Parcel Map AT 06-0278) 7095 EI Camino Real (LLA 2007-0081) (Taft, Cozzolino, Atascadero Enterprises) ■ Description: The Lot Line Adjustment changed the configuration of 3 parcels; no additional lots were created. ■ Fiscal Impact: None. ■ Recommendation: Council accept and Approve Final Parcel Map 2007- 0151 (Parcel Map AT 06-0278). [Public Works] 4. Temporary Road Closure — Sweetheart Stroll (Atascadero Main Street • Fiscal Impact: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve a request by Atascadero Main Street for the temporary road closure of Entrada Avenue, from EI Camino Real to Palma Avenue, and Palma Avenue, from Traffic Way to West Mall, for the Sweetheart Stroll that has been re -scheduled for Saturday, March 31, 2007, from 11:00 a.m. — 5:00 p.m. [Public Works] 5. Temporary Road Closure - Sunken Gardens Yard Sales ■ Fiscal Impact: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve a request by the Community Services Department for the road closure for the both of the annual Sunken Gardens Yard Sales; one to be held April 21St, 2007 and the other to be held on September 15th, 2007. [Community Services] 3 6. Veteran's Memorial Project ■ Fiscal Impact: None. ■ Recommendation: The Parks and Recreation Commission recommends Council approve the Proposed Veterans Memorial Project at the Lake Park as proposed. [Community Services] B. MANAGEMENT REPORTS: 1. Eagle Creek Golf Course Reuse — Study Session ■ Fiscal Impact: None. ■ Recommendation: Council provide direction to staff and Planning Commission on how to proceed with amendments to the Eagle Creek Golf Course project. [Community Development] 2. Colony Park Community Center Project Operations Planning — Status Report ■ Fiscal Impact: Approximate annual operations total of $485,960; $225,820 Building Maintenance, $3,200 Parks (Landscape Maint.) and $256,040 center operations. ■ Recommendation: Council review operations report and provide direction as necessary. [Community Services] 3. Amendment to the City of Atascadero Contract with the California Public Employees' Retirement System (CaIPERS) • ■ Description: Request for authorization to amend the contract formula with CalPers from 2% @ 55 to 2.5% @ 55 for non -safety members. ■ Fiscal Impact: 1% of miscellaneous salaries (approximately $25,000 in 2007-2008) ■ Recommendations: Council: 1. Adopt the Draft Resolution of Intention to amend the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System (PERS); and, 2. Introduce for first reading by title only, the Draft Ordinance of the City Council of the City of Atascadero authorizing an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. [City Manager] D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. County Mayor's Round Table 2. Finance Committee 3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 18 4. Nacimiento Water Purveyors' Contract Technical Advisory Group 5. North County Water Purveyors Group El Mayor Pro Tem Brennler • 1. Air Pollution Control District (APCD) 2. Economic Opportunity Commission (EOC) 3. Atascadero Youth Task Force • Council Member Beraud 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee Council Member Clay 1. City / Schools Committee Council Member O'Malley 1. S.L.O. Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager 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. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the March 27, 2007 Regular Session of the Atascadero City Council was posted on March 20, 2007 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 201h day of March, 2007 at Atascadero, California. Shannon Sims, Deputy 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., at the City Hall • Council Chambers, 6907 EI Camino Real, Atascadero. 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 and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. 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. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are recorded and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 or the City Clerk's Office, both at (805) 470-3400. 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 (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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: 1. You must approach the podium and be recognized by the Mayor 2. Give your name and address (not required) 3. Make your statement • 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 5 minutes (unless changed by the Council) 7. 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. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. 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 (not required) • 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 14 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. 0 ITEM NUMBER: A — 1 DATE: 03/27/07 A tascadero City Council January 2007 Staff Report - City Treasurer January 2007 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for January 2007 REPORT IN BRIEF: Cash and Investments Checking $ 328,695 Money Market Accounts 1 Certificates of Deposit 7,815,436 Government Securities 10,653,306 LAIF 17,297,409 Cash with Fiscal Agents 155,104 Cash In Banks at Janua Y 31, 2007 Deposits in Transit Outstanding Checks Cash and Investments at January 31, 2007 Investment Activity Securities Purchased: None Securities Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None c: $ 36,249,951 (229,286) $ 36,020,665 Page 1 of 15 7 CITY OF ATASCADER 0 TREASURER'S REPORT CASH & INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF JANUARY 2007 $ Page 2 of 15 • 0 � CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at January 1, 2007 $ 736,795 $ 33,864,447 $ 154,473 $ 34,755,715 Receipts 3,936,811 161,705 631 4,099,147 Disbursements (2,604,911) - (2,604,911) Transfers In from Redevelopment LAIF - - - - Transfers In 650,000 2,390,000 3,040,000 Transfers Out (2,390,000) (650,000) - (3,040,000) Balance per Banks at January 31, 2007 $ 328,695 $ 35,766,152 $ 155,104 36,249,951 Deposits in Transit - Outstanding Checks (229,286) Adjusted Treasurer's Balance $ 36,020,665 $ Page 2 of 15 • 0 � o, .• o v o 0 0 0 0 0 0 0 0 0 n o V) vi vn 0; O W CIL 0T O+ O, N CN 1 cd cd t7 cd td ctl ctl ftl N cd etl etl O ed v ti q O O O O O O O O O O O p p M O O O O O O O O O O r o r v v n rn r o+ Wn o U j N v '^ CN a a o a a o+ o a Q y W j Q9 0 0 0 0 0 N O O O O O O O 44 q4'o WO OW � � 'T' � .y .y •O •O .O O O NR �+` y ° aQi 5i d u gi Si V W v A A A A A A A A A A 0. b 0 0 0 0 0 0 0 0 0 j T v v v v v v v 0 z w w w w w w^ cq w 14 o o 0 v� C7 U U U U U U U U U a U Q 00 M O� 00 00 00 00 O O O O O O O O O O O a a U � Oi 3 '�►. C O GO C R F C to cc es C U� wa A .o aw ra wU '¢ UU zcn xco F2 U O•, v �, ee m r N r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 aa a 00 a \0 a 0 b N en M 000000 00 00 ON O� D1 O� D1 O O O O O 0 O O O O O O 10 o 0 W) 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0, 0 0 0 0 O� a vi o0 o r r r" n o0 o a o C, O� � V 69 td a V1 M c0 a ro a ro a ro a ro a ro a ro a ro a N � ro a ro a 00 y a Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O 14 a o 00 D\ D\ O� U 0, 00 T 0\ 0 O 0 O C� o M Q FA Q o 0 0 0 o a o 0 0 0 0 0 0 0 N O O v1 v'1 C' O O 00 O 00 O M vi M O O O Vl N 00 O M r N w 0 0 0 0 0 0 0 0 0 0 0 0 0 e O Vl N O h V Vi r v1 O O W O 00 O v1 O O h O O 0 0 Q O � VN L74 V 'C ed e7 c7 cV ca ro ro ro O ed cd C ro �. tolts a ¢ a a a a a a a a a d a a O Yi14 N H H o VI 0 h 0 V1 0 Vl 0 H 0 VJ o Vl N g U~ A A A A A Q A A A A w w w w w w Ca w w w w w w 0 O 0 0 0 O O O O O q O q Ly eV at N ro ro cd N U w o U U {w��7w7 S� 0 U S� U S� U w U w V w U U w U u �a U w t U w ani U 0 U U U U ani U ani U U U U C7 U C7 Q w N 7 't N N N N 77 et �O M V R C '7 O h O 3 h Y y 4 C OD Y A cm 116Ez C C7d a av �F+ Y w 0h w 011) Olt '� 'T' O � •C 0 � x z � x � y L � O �i d p �„'+ C � tz 3k � � el co to L n mU a+ rs,U a. E= QH u Si U3 xC7 U doa wU 04 wU r r 00 00 • Ir v1 f� 0\ O O v'1 00 rn O O 10 O O O O O O O C, O O O O O O O O O+ O M 00 00 00 O N vi M N O� r- Ch O N ON O� 00 N t� O 40) O ` a A O O O O O O O C O O O O O O O O O O O C O O C O O O O O O O C O O O O O O O O O O O D, 0 00 C\ 00 C, 00 O, o N vi M V) C, o O 0 N o C, a C, Cl O r" O� 69 0 V 0 0 0 0 0 0 0 0 0 00 0 v 0 o 0 o rn o N o o o 0 M N M d' M M M M M M M M M M Q 0 0 0 0 0 O 0 O 0 0 0 0 o e O M O vl O O O O O O [r M M M M V' M N M M M h \ 0 ac WCC m a p v U � W w c q C w 'o w •t w f w c w 'o 'o w w~ 'o w~ U u U U U C7 Q'� C7 U C7 C7 U U C7 U M 0 M 0 M 0 M 0 M 0 O M 0 M 0 M 0 M o M O M o �O 0 N V1 0 N O N C m rn C r O o0 O 00 00 A i 0 e 0 ° 0 0 0 0 0 0 0 0 0 0 0 4 d U V C C C C Y C O �' W CC P�1 Cq aCa Oa O O ON y C a� a w o a� a}. 9 F e Cl) O MM. Q `^ o O CIO d .Ti c .f 1 `.�y+" �+" p o r" # r" � L' ° apNi �" # aca O WU OM., V f-1 C (may i y y (�7p fn y •� O d inn 4: R p„ d r' ed a s w U c7 a U A w U w U v a w U w U H¢ 3 w U w 6 y W 00 0 00 0 00 0 00 0 00 0 00 0 oo 0 00 0 00 0 00 0 00 0 0 0 00 0 00 tn 00 00 [� Qr p O O O O O r Cl r O O 000 O 0000 O O 00 O O O N O D\ O O O O O O O O O ' O O N O O\ O O O O O O O O O O 00 00 r of o o r r o a o vi W) r 0 CN ol a a o o a a a O rn oo ro ^ cd ca e\a eu ro \ro ca m m ti 0. Q 0 0 0 0 0 0 0 0 o O o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 0\ o; r" a r" r" o rn o, vi vi r V ON ON D\ Q, O+ O. (01 U N Ol G, (71 T U Q V W) o o V) W) V� It) t7 M R M tt tY d' 7 M 0 0 0 0 o eo o 0 0 0 0 0 0 0 o o � h _� 0 0 0 0 0 0 0 0 0 n $ 0 0 o v n n n Vl V1 V1 DD y 7 M M M V) NT'er of M M t+1 M 0 0 O � V ti °n oo ai a n a C o 0 0 0 0 R1 A v� A A Q A w w w w w w w w w w w 0 0 0 0 0 0 0 0 0 0 0 0 0 Ly a id etl ed ro ro ro ro td O O ro ro ~ ami ani S� ami ani o ani ani rq a o 0 V Q N N N •--� \O N N M N M 4S Q O O O O 10 h n ^-� O O O O O O O 0. s r. Y V] O h W c v U a W Z 3 O a� m = d a o A m CC y Qg m Q CC d .a C004 go a•. d o mC6 V w �� xz Ua v�3 w wU u Qo wx w� .5' o0 00 00 00 oo 00 w a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C� O O � Q' � � � •-- O N N M O � � N �_ �_ 00 00 DD � O O O O O O •--� O O O O O O 12 13 Er O o 0 O 0 0 O 0 0 0 0 0 O 0 0 O 0 0 0 o 0 vi r 0o 00 00 r O O o 0 o 0 0 o 0 0 O 0 0 o 0 0 w r- a r a r" a o r" vi v 00 0 00 vi o r" j V69 '� t0 td F cC c0 \ro \N iv vl N is ed ed ea td � 4 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 C 0 0 0 r" r o r" vi vi 0 vi 00 vi o r a, t -- a V o 0 0 0 0 0 0 0 0 0 0 0 0 y� p0 y� O Ll o oc � a • ti tr ° C. ° � -• $ o a 0 a 0 a ° o a 0 a o a C aai a°i V Q A A Q A Q n A A A A w A W 0. 0 0 o N o 0 0 o 0 0 J w w w U U U C7 U U U C7 U U U C7 V U 44 ry o o _0 0 0 0 0 M 0 O v _ O Q 0 O O O O O O O O O 0. CL V �y H Y U e PO "cyy' o ° 04 v AMM.o� U dx z C v e q v O W C as N o X o a a Z M Z 5 7 Ud .gyp 0� �vVi G xp Uji e 9yy F U L iii 'b b o U /r ,v o� Y' F.7 'S O p d i' •O. y q 6"' 6t"'! •L V 0 6. O �G7 X61 •� •Ctl y y .'7 !0 ed U U .� F 'a" rte. w U Efl O as F O z O 3 W w eOd a .A .7 rZi Z. T140 a 00 a a 0 a 0 a 0 a 0 a 0 a R. a 0 a 0 O O 0 o 7 \ O t 1 0 r-4Vl O� M O M h A C) 0 0 0 0 Cl 0 0 0 0 0 0 0 13 14 O o O O o O r r N O o O O 0 O O 0 O O 0 O O 0 O O 0 O O o O O O O O o O M n M O o O o, C, a v rn rn a h N M 69 h ro c7 ri ro ro ea ea ro ro ro ro ro � ro a, A O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O o O O O O O O O O o O O O O O O O O t� rn oo °, c n a a ° o o rn r" o s 0 r" a 0 o, o 0 v r N 0 o o Q y M fA Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 N N �t N 0\ eT O O+ 00 vl O V1 O Q W 0 0 0 0 0 0o� 0 0 0 0 0 0 0 T 0 q 4 0 LQ o WV U 4i N � �'�., ro ed � ed ca ea � ro ro ed ea ro eros cCOa W h LQ U � � 44 � C o o �. o :tt y $„ •y .0 ti � � aai � O• �. � 0 0 0 0 0 dani �i W � ti> ro w ro !u ro ro ea �j >pp ro co ea ro ie aCi U U C7 U U U C7 U U U U U O C7 o C7 O O O O O O O O \vl O O '. W O (� 4 6 c H o U � ti E- Q i 1p Q 4 W w F p in C o N d o r x Ci ° U °° as o CO PG o a .00 W Y q aK, 169 w6 OU o a9+ d ari vbb�o 9 v�A wU CK> Ucn G: (. k.0 qn. F3 xr� UC7 UO wU it o 0 0 0 0 0 0 0 0 0 0 0 0 0 o ^�-� N O O k a O � m a M a R Q o 0 0 0 0 0 0 0 0 a \ -izi 14 O O O O O O O O O O to N O O ' O 0 C, r 00 00 00 o Vi a r o o r C W o rn o p, p, a N p, C, a v a o o, ti ti V j V N Cd cd c0 c0 etl N cd ftl R l� 00 N /0 � O v Gtr Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O, r o0 00 00 Cl ON O r VO O, N O\ 0\ 0\ O O\ h O, Q V W cfl h O W) O o0 O V1 D\ O In kn 'Ir v1 O O O O N N N O v1 N eF r N 0 0 0 0 0 0 0 0 0 0 0 0 (W.i O O vl O v1 O V'1 O O O 'Q O O Vl V1 O O O O N N N O v1 N O M N '7 V1 'ct V T V tt 'O' O� Cd N 'C ca �a N cd ro ctl A N W ae W � ts � a Ow' _ _ _ > _44 N N V) Vl L' N y y N V~ A A A Q A W n A A A A cn � ami ami w w w w w w w w w O O G O N co U cv ca �d C id N t0 w w wp w w w E+ w w w OV S� ani 'o ani o 0 o � o C7 U U U U U CJ U C7 U C7 U 0 U In In W) ,n ,c ,n ,o In In ,n ,n vi o g o _0 0 0 _o 0 0 o O O o 0 N N O O O O O N N N N N O O O O O O O O O.54 O O O Y C R C C C C L z oa d oa c Q 8 h m K m r oo 4 e ti a c o yW a o ° Z to) a+� �¢ eA i� Z �1 U " °w �Q M °� o W` o M Oa L a en b y a+ `N d OSA U 0 ate. C U u R eoa. as =0o 2m ZM w d xM a � ZM Xt a L C W y O :k ��, 18 W Wu w =O "� w� 6� �o Lei ?I `E� 3w P64 3 a3 dw wx a w x wu 3u w a wv mV) ta. a a o 0 0 0 0 0 0 0 0 0 0 0 ati (71 �o 00 o M o 00 N N N N O —+ N M N N -- N 15 16 Ir 0 O 0 O O O Cl O �r O O O O 7 °, O v1 7 O, 1- M IC O 0 V1 �• w o. 00 00 00 00N 00 °' o °` N N °, °i r- ,N-� 00 N n Q Vyq A RI ctl lV W) v Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U°+ r 00 00 00 G� v1 N 00 °� r- T O O O O m N O N m M O 1- 0\ Q ~ X0+1 ,L Q Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 O r1 v'1 N O O M V M v1 Vl v1 �O N V �O M M 7 O 00 � V1 00 O V1 O O v1 Vl V1 O v1 09 V1 V1 O h O O V10 N e V R f 7 Vl 'cf M er M �f M Q a Q O O w V fn z z ¢ z ¢ ¢ a ¢ a a � w � c°i :: 2 co w w w w w k U U U U C7 U U U C7 C7 C7 C7 C7 U Qw o o W) 0 kn 0 Ln 0 Ln 0 n 0 vi 0 c 0 o 0 wl 0 %° 0 %D 0 o 0 x V c O N N 00 N a h n O r Cl r O r O -� O a_ O _� O O O O \ O 4 a a C 0 V y C 0 U Y O W H o 6or °.f °.l U F• a e0.�F1 w o of -4 W a w00 w a+w aaa o� m� o,Mm., o.MM. > d � a � W 9 `qa d � d � ba, ] En v � � � o Ud xx ww wv vow aov� Ow wv r=,v wv wv wv u ho 0 0 0 0 0 0 0 0 0 0 0 0 Q� O N � O �O O� 00 N Q izz O O O O O 00 O O C7, 16 N r v W n ti C w H E+i O CD O CD O 0 O O) O O O v T 00 N W cq I* OIIQ O v'f U 4 0 O O O O O O O O O O O O O O p O O O O V Q� EA W W o 0 0 0 0 0 0 Ln v n n v O � C w o W O V m CIS It Cd d y ti ¢ d Q d M U U U U V U W � V ~ C7 U C7 C7 C7 C7 C7 UfW. Q co N o r a, v rn o0 O O O O O O CL L 2 U H x j V) o U W w Qo� r o cin �• 6M M• O c� x M Y CYi � O �• rx eE �� Z O N W O # M Lp, i p, L p, L --i d Vi d U Li, U Z U O •-- N _ O O O O O N r v W n ti C w H City of Ataseadero Investments by Type January 2007 Cash with Fiscal Agent Government 1 % Securities 22% Investment January 2007 LAIF $ 17,297,409 Certificates of Deposit 7,815,436 Government Securities 10,653,306 Cash with Fiscal Agent 155,104 Other 1 $ 35,921,256 18 Page 12 of 15 • C` • • On Demand 48% • City of Atascadero Investments by Maturity January 2007 Within One Month One Month to One Year 1% 9% Investment January 2007 On Demand Within One Month One Month to One Year One to Five Years $ 17,297,410 400,000 3,222,149 14,846,593 $ 35,766,152 Page 13 of 15 One to Five Years 42% 19 City of Atascadero Investments by Custodial Agent January 2007 Custodial Agent January 2007 State of California Other Union Bank Bank of New York $ 17,297,409 51,735 18,417,008 155,104 $ 35,921,256 20 Page 14 of 15 • C� 5.00% 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 10.50% f 0.00% City of Atascadero Investment Yield vs. 2 -Year Treasury Yield For the Month Ended January 31, 2007 00 00 00 o`O o`O o6 o`O o`O o6 00 o`O o`O o� �o �o �o �o pyo �o �o �o �o pyo �o ,�o pyo a6 )a�J Q e ) --`--City Yield -+r2-Yr Treasury Weighted Portfolio Yield January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 Page 15 of 15 21 2 -Yr Treasury Weighted Portfolio City Yield Yield 3.88% 3.52% 3.97% 3.68% 4.03% 3.71% 4.13% 3.87% 4.28% 3.92% 4.39% 4.06% 4.47% 4.05% 4.51% 3.94% 4.58% 3.88% 4.58% 3.84% 4.60% 3.83% 4.66% 3.91% 4.70% 4.05% Page 15 of 15 21 • • • 22 • C7 Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-2 DATE: 03/27/07 Final Map 2006-0135 (Tract 2621) West Front (TTM 2003 - 0035) (West Front Village LLC) (Final Map creates a 46 lot subdivision that includes commercial retail and multifamily lot.) RECOMMENDATIONS: Council: 1. Adopt and Approve Final Map 2006-0135 (Tract 2621); and, 2. Reject, without prejudice to future acceptance on behalf of the public, the offers of dedication of Portola Road, Coromar Court and San Simeon Court; Easements for Public Utility, Sanitary Sewer, Pedestrian Access, Street Tree, Drainage Basin and Park (Lot 28); and; 3. Authorize and direct City Clerk to endorse the City Council's Approval; and, 4. Authorize City Manager to sign a Subdivision Improvement Agreement for improvements associated with Final Map 2006-0135. DISCUSSION: Tentative Tract Map 2003-0035/Tract 2621 was approved by the Planning Commission on September 27, 2005. Final Map 2006-0135 creates a 46 lot subdivision that includes commercial retail and multifamily lots. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff has determined that Final Map 2006-0135 is consistent with approved Tentative Tract Map 2003-0035. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2006-0135 (Tract 2621) 23 Exhibit A Final Map 2006-0135 (Tract 2621) 8890 West Front West Front Village, LLC. 24 ITEM NUMBER DATE: A-2 03127/07 0 0 7 V-1 06 I t m A P TV 1, -4� LM 4 Z4 Ui S, A-2 03127/07 0 0 7 • 10 Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A - 3 DATE: 03/27/07 Final Map 2007-0151 (Parcel Map AT 06-0278) 7095 EI Camino Real (LLA 2007-0081) Taft, Cozzolino, Atascadero Enterprises RECOMMENDATION: Council accept and Approve Final Parcel Map 2007-0151 (Parcel Map AT 06-0278). DISCUSSION: Lot Line Adjustment 2007-0081 was approved by the City Community Development Department on January 18, 2007. The Lot Line Adjustment changed the configuration of Parcel 1 from 0.41 to 0.82 acres, Parcel 2 from 1.74 to 1.437 acres, and Parcel 3 from 0.71 to 0.58 acres. No additional lots were created as part of this action. Pursuant to California Government Code Section 66412, the approving legislative body (City Council) shall limit its review to whether or not the lot line adjustment will conform to the General Plan and any zoning and building ordinances. Staff has determined that Final Map 2007-0151, is in substantial conformance with the General Plan and all applicable zoning and building ordinances. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2007-0151 (Parcel Map AT 06-0278) 25 ITEM NUMBER: A-3 DATE: 03/27/07 Exhibit A Final Map 2007-0151 (Parcel Map AT 06-0278) 7095 EI Camino Real Taft, Cozzolino, Atascadero Enterprises Pa erne w. AO,ILYr N 1V3N ONINVO Zi \ l �'M13u M^i • F6 a £ Wtl YI s� ,st F�t4 M a l f-tl 15'enl ] .h,IL» 4 ry pe'1Nw t�.w `Y_ I�, �-tl iLLM M fIDL9x Mei\ Ip � tl.OS'G0Z W AS'W[ Ip � % 1- y.0a'wf M .Ptl.ILw N 49 l M .watt M wlLw 1z n4 q a�b �\ SI BE- n.czoct ,d w S \ xei � 1 pR ZZs . �..'Itt Ss Gg y9 � N fie �-W gYu 9� E nzzszl� M.K.w.»n � �� �e�� /�/in�•z^ l' �� zz '•.�._�' I1Ny 738VS4 26 L] • Atascadero City Council Staff Report - Public Works Department Temporary Road Closure Sweetheart Stroll (Atascadero Main Street) RECOMMENDATION: ITEM NUMBER: A-4 DATE: 03/27/07 Council approve a request by Atascadero Main Street for the temporary road closure of Entrada Avenue, from EI Camino Real to Palma Avenue, and Palma Avenue, from Traffic Way to West Mall, for the Sweetheart Stroll that has been re -scheduled for Saturday, March 31, 2007, from 11:00 a.m. — 5:00 p.m. DISCUSSION: This event was rescheduled from February 10th due to weather conditions. Main Street is requesting the closure of Entrada Avenue, from EI Camino Real to Palma Avenue and Palma Avenue, from Traffic Way to West Mall from 11:00 a.m. until 5:00 p.m. as indicated on the attached map. FISCAL IMPACT: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ATTACHMENTS: Road Closure Map 27 • 40 Atascadero City Council Staff Report - Pubfic Works Department RECOMMENDATION: ITEM NUMBER: A-5 DATE: 03/27/07 Temporary Road Closure Sunken Gardens Yard Sales Council approve a request by the Community Services Department for the road closure for the both of the annual Sunken Gardens Yard Sales; one to be held April 21St, 2007 and the other to be held on September 15t', 2007. DISCUSSION: The Community Services Department is requesting closure of Palma Avenue only from East to West Mall as indicated on the attached map on during the hours of 5:00 a.m. to 4:00 p.m. for the popular Sunken Gardens Yard Sales. FISCAL IMPACT: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ATTACHMENTS: Road Closure Map 29 ITEM NUMBER: A - 6 DATE: 03/27/07 Atascadero City Council Staff Report - Community Services Department Veteran's Memorial Project RECOMMENDATION: The Parks and Recreation Commission recommends Council approve the proposed Veterans Memorial Project at the Lake Park as proposed. DISCUSSION: Background: Per the City's Arts in Public Places Policy, this item has been placed on the City Council's "Consent Calendar." On September 26, 2006, the City Council and the Parks and Recreation Commission heard a presentation by a group of Atascadero veterans to construct an "all wars" memorial in the Sunken Gardens. The City Council directed that the Parks and Recreation Commission would oversee the project's public review process. The memorial is an excellent idea to honor local veterans from the Atascadero Unified School District area from all wars who lost their lives in service of our country. The memorial would include a visually powerful bronze statute, designed by artist Mark Greenaway, with a backdrop of a granite memorial wall approximately 35- 45'ft. in length. There is little doubt that a memorial to be located in Atascadero is widely supported. Chaired by Col. Bill Hatch, the project team is an all volunteer effort and no public funds are being used to construct the memorial. A draft maintenance agreement (Attachment G), outlines the obligations of the veteran's group to maintain the memorial. The veteran's group has agreed to maintain the memorial. At this time, the veteran's group does not have the ability to actually execute the agreement with the City because they are not yet a legal entity. They are currently working on that issue and will have it resolved by the time a building permit is issued. The final agreement will be brought back to the City Council prior to the building permit issuance for approval. On November 2, 2006, the Parks and Recreation Commission held a public hearing to consider the proposal for a veteran's memorial in the Sunken Gardens. After much public testimony, the Commission had concerns about the scale of the project and the Sunken Gardens location. The Commission took action to form an ad hoc committee of stakeholders to evaluate the location alternatives for the Sunken Gardens, as well as other potential memorial sites around the City. On November 30, 2006, the ad hoc committee met at City Hall to review the memorial placement. The advantages and disadvantages for many possible sites were weighed. The committee ultimately came 31 to a unanimous decision that the corner of Atascadero Lake Park at Highway 41 and Portola Road was the best location for the memorial. This location was acceptable to the Veteran's Committee. A volunteer engineer, Mr. Van den Eikoff, has volunteered to design the plans for the location and placement of the memorial at the corner of State Highway 41 and Portola road at the Lake Park. On February 15, 2007, the Parks and Recreation Commission considered the item again and took public input on the project. The Commission voted unanimously (6-0) to approve the project as proposed by the veteran's committee. Some considerations to be taken into account by Council are: • Input from The Veteran's Committee on the project background and significance. • Public input • The recommendation of the Parks and Recreation Commission to approve the project. • The recommendation from the five -member Arts in Public Places Committee, an advisory committee to the Parks and Recreation Commission. A copy of their report from the non-voting chair, Barbie Butz is attached. The Arts in Public Places Committee recommended to the Commission, on a 4-1 vote, to reject the proposal as submitted. The Committee also voted on a motion as follows: "The concept of a war memorial project is accepted by all members of the Art and Public Places Committee at the site discussed, and the Committee unanimously agreed it would be willing to assist the Veteran's Memorial Committee in considering proposals from multiple artists. Recommend the project be finalized by November, 2007." • It has been suggested by the Arts Committee that a new process be implemented to select a new design for the memorial. The City's Arts in Public Places Policy does not provide for such an alternative process, and more importantly, the Veteran's Committee has not agreed to support a different project under those conditions. The Veteran's Committee has requested approval of this memorial as proposed. • City staff has reviewed the proposed project and is recommending its approval. The memorial project will fit well into the Lake Park Master Plan and can be maintained by the veteran's group with volunteer support. City staff has no concerns with the design or aesthetics of the memorial. Any concerns of that nature would certainly not rise to the level where denial of the memorial would be warranted. • If approved, the Veteran's Committee would submit construction plans to the City, and proceed through the normal building permit process. The maintenance agreement will be finalized and executed. The veteran's group will make a presentation on the project to the City Council if requested. 32 • • FISCAL IMPACT: The construction costs of the memorial are estimated to be approximately $200,000 which will be privately funded. The memorial maintenance costs are to be covered by the veteran's group, governed by an agreement with the City. ATTACHMENTS: A- Project Application B- Project Description/ Background provided by A.J. Fonzi C- Arts in Public Places Committee Report D- Memo from Arts Committee member, Joe Ramirez E- Ad Hoc Committee Report on Locations (January 11, 2007 & January 16, 2007) F- Arts in Public Places Policy G- Draft Maintenance Agreement • • 33 CITY OF ATi ASCADERO Art in Public Places Program Proposal Application Project Name /-I- ) Project Location/ Address r - Developer (If Any) �o. �,ry ;�-1 � �,� Work Phone L a I t\\ ��"L n Property Owner L� a ( �� WorkPhone Artist ' r`1 c �CGi r P r , ,' 1 A, wi(E^ t , cS, I,�S 1G` ���rinYrtj ? l Address '5 >Lj ` i r -e -t City/State r �, Zip L( 7447 phone Title of Artwork Media E r , ` _ c Description of ArtwJil' ys Approximate Weight u v,v-,,,,•„J,\ Approximate Cost6� Location of Identification Plaque Description of Foundation (`C Date & Duration of Installation C "� Site Location Distance Between Public Street and Artwork Landscape Plans Special Problems p x;11 �- S•v.Ht:,�.� ��,�d�,�y���,5�� Dedication Plans e.i 2,o "Enclose artist background information and an artist's rendering depicting several views of the artwork as located on the site plan, including the surrounding building and grade elevations and building facades. Also include one or more of the following formats: 1. 4" x 6" photographs or 35mm slides depicting several views of the artwork. 2. A model of the artwork 3. A graphic or artist illustration depicting several views of the artwork. S 34 Faces of Freedom By Mark Greenaway I've chosen to call this special piece of Bronze art work Faces of Freedom. The Bronze is a tribute to all the men and women who have answered the call of duty to serve in our country's Armed Forces and Civil Defenses, which protect and defend the United States of America. The vigilant soldier standing tall up front portrays America's effort in the Global War on Terror (GWT). This soldier is looking forward providing security for his fellow comrades, and he is guaranteeing both the protection of our freedoms and the safety of the American people. The Gulf War era veteran, located behind the GWT soldier, is providing aid and comfort perhaps to a fellow comrade -in -arms, or a civilian caught -up in the fog of war. (This would be the viewer's discretion.) They are both looking at the faces depicted in the waving American Flag. These faces remind us of those who have contributed to both the preservation of our country and the many freedoms enjoyed by all Americans. The soldiers and American Flag are groundedmi sandbags. The sandbags show a thought out place of protection, and during our past conflicts and current conflict they provide a minimum amount of protection from harms way. The waving American flag contains the faces of the men and women who have served in both our country's Armed Forces and Civil Defenses. Together these faces represent past conflicts dating hack to the First World War. Moreover, the American Flag, as it is depicted here, is the bond that unites all those who have answered the call to duty for their country and gives credence to "One nation under God." • 35 Eclucation 1967-1971 Atascadero High School • Recipient of Atascadero Art Association Art Award 1972 • General Studies 1973 ■ Art Studies Cuesta College Cal Lutheran College Atascadero, CA San Luis Obispo, CA Thousand Oaks. CA 1974-1975 Cuesta College San Luis Obispo, CA ■ Obtained A.A. Art 1977-1978 Private Instruction San Luis Obispo, CA ■ Instruction with intemationally known artists Robert Reynolds and Robert Clark. Experience 1974 Knott's Berry Farm Anaheim, CA Portrait Artist • Hired by Charles Bell Portrait Studios for portraits of park guests. 1978-1980 Mark Greenaway Studio Atascadero, CA Owner ■ Full-time working art studio. ■ Art work displayed/sold by Judith Gallery, Solvang, CA; Western Art and Wildlife Gallery, San Luis Obispo, CA. . 1980-1984 Mark Greenaway Gallery Templeton, CA Owner ■ Represented Robert Reynolds, Lary Brebes, Botso Korisheli, and self. 1985-1994 Mark Greenaway. Studio Templeton, CA 1995 -present Atascadero, CA Owner • Full-time working art studio ■ 1980-1994: Art work displayed/sold by Visions Gallery, Morro Bay, CA; Casa Dolores, Carmel, CA; Visions Gallery, Carmel, CA; The Decoy, Carmel, CA; Christopher Bell Collection, Monterey, CA; Copenhagen Gallery, Solvang, CA; Bronze, Silver, and Gold Gallery, Cambria, CA; The Judith Gallery, Solvang, CA; Charles Spinetta Winery and .Gallery, Plymouth, CA- - A■ 1988 -present: Commissioned by Baptist Bible Graphics, one hundred thirty 2000 oil/acrylic paintings and one bronze sculpture. ■ 1994-2001: Art work displayed/sold by Visions Gallery, Morro Bay, CA; Christopher Bell Collection, Monterey, CA; 36 • LJ r� • ■ 2002 -present: Art work displayed/sold by Judith Hale Gallery, Los Olivos, CA; Western Images, Winthrop, WA. Exhibits 1978-1992 Ducks Unlimited California Chapters ■ Commissioned original paintings and bronzes for live auctions • Donated to Silent Auctions 1988 California Mid -State Fair Paso Robles, CA • Commissioned by Metal Arts Foundry to create "Blue Ribbon Dream," life-size bronze sculpture for fair entrance ■ Sold one hundred maquettes for fund raising. • Responsible for transportation and installation. 1992-2000 Quail Unlimited California Chapters ■ Commissioned original paintings and bronzes for live auctions • Donated to Silent Auctions 1996 international Swimming Hall of Fame Ft. Lauderdale, FL ■ Commissioned by Robert Schoenfeld to create a bronze sculpture for the International Swimming Hall of Fame Journalism Award. 1992 United Nations New York, NY ■ Private party commissioned whale painting to showcase poetry for a gift to Jacques Cousteau. 1997 -present Valley Club of Montecito Montecito, CA ■ Commissioned original bronze sculpture for annual awards 2001-2002 Morro Bay Museum of Natural History Morro Bay, CA ■ Selected by Diane Blakeslee Family to create "Seasons Come, Seasons Go," life- size bronze sculpture for Museum entrance. ■ Responsible for transportation and installation. 2005 -present City of Atascadero Atascadero, CA ■ Commissioned by private individuals to develop proposal for, and create, veterans war memorial life-size bronze sculpture, "Faces of Freedom." ■ Currently in fund raising stage. 37 h 3•, _ IS Y:•:Y �: w91. fr. X �� _ ..EI'� ! y .C:'rTi��i �s .� ��e.. `f 1 11 .r. •. ����... ( f ;f� ` s"4+�• t 'k PC I" F,. 7� L d •: .--Ar•1 -0. L uX d .. . o , z �u"i"• 66 e b � Com" CC xT {x j $r . Lieutenant Colonel A. J. Fonzi, USA (ret.) Vice -Chairman, Atascadero Veterans Memorial Committee 7880 Sinaloa Avenue, Atascadero, California 93422 Tel: (805) 423-5482 e-mail: aifonzi2(4_).hotmail.com ATASCADERO VETERANS MEMORIAL The Atascadero Veterans Memorial Committee is a private organization, comprised of veterans, military retirees and family members of current and former military servicemembers. As a small, semi -rural community, Atascadero has paid a heavy price over it's 93 year history in the lives of it's sons sent to fight in this nation's conflicts. From the First World War to the current war ongoing in Iraq and Afghanistan, Atascadero has lost dozens of it's children in these conflicts. The old City Hall was originally dedicated as a veterans memorial building, however, it is not usually identified as such and many of us realized the need for something specifically dedicated to recognize the sacrifices made by so many of Atascadero's young people over the decades. We estimate at least two dozen names will be inscribed on the memorial once it is built, possibly more once our research is complete. The Vietnam War cost Atascadero the lives of eight of its' sons, Iraq has . cost the life of one, so far. The research for Korea, WWII and WWI is continuing and includes the boundaries of the school district, not just the current boundaries of the City limits. We wish to emphasize that this memorial is being 100% privately funded. It is not a public endeavor beyond members of the public wishing to purchase an engraved paver to augment cost of construction. The total projected cost at this time is $200,000, perhaps up to $250,000, all of which will be raised via private donations. About $5000 has been spent by the committee thus far with another $10,000 collected; pledges have been made by private individuals for several tens of thousands of dollars once the memorial has been approved for placement in the City. The committee originally met and reviewed similar memorials at various locations around the United States. We then agreed upon a concept of what we preferred and selected a well respected local artist, Mr. Mark Greenaway, to design the memorial itself. Mr. Greenaway is a life-long Atascadero resident, has sculptures at the County Fairgrounds and the Morro Bay Museum of Natural History and his work in sculpture and painting is known as far as New York and Florida. For instance, Mark was commissioned to do a mural for placement in the United Nations Building commemorating contributions of the world famous oceanographer Jacques Cousteau. His paintings currently sell for thousands of dollars. For those reasons alone, Mark is an excellent choice to design a Veterans Memorial for Atascadero. The Veterans Memorial Committee originally presented our concept to a joint City Council and Planning Commission Meeting, at which we were told we must "go . through the process", which required first presenting our project to the City Parks and Recreation Commission. Our President, Colonel Bill Hatch, (U.S. Army, retired), made a 39 formal presentation along with our artist, Mark Greenaway, to the Parks and Recreation . Commission in November, 2006. At that time we were told that there was a defunct Arts Advisory Committee that would have to review our project before it could be sent forward. That committee was selected in December and met in January of 2007, at least twice. Unfortunately, of the five committee members, at least three had publicly voiced opposition to the project, the art or it's placement before they were selected to be on the Advisory Committee. No member of the Veterans Committee was allowed to be on the advisory committee, nor was the one applicant who might have been sympathetic to our project, the mother of the Atascadero soldier killed in Iraq. This Advisory Committee then went outside its' mandate to review our project and attempted to open it up to an art competition countywide. They were told by City Staff that they were not permitted to make that recommendation, but only to accept, modify or reject our proposal. Without inviting any member of the Veterans Memorial Committee or our artist to their meetings, asking us any questions or making any recommendations to the Veterans Memorial Committee, the Advisory Committee voted to reject our proposal out of hand. Since we didn't even know they were meeting, nor 1 believe, did anyone else in the community, we do not believe that we have been fairly treated. Nor do we believe that this Advisory Committee, as currently constituted, is capable of rendering fair and impartial advice on our project. The suggestion that they wish to "assist or advise us", as one their members wrote in an op-ed piece in The Tribune on Thursday, February 8`h, is laughable, as they made no effort to include any member of the Veterans Memorial Committee or our artist in their deliberations. In fact, the author of that piece went to considerable effort to publicly ridicule the Veterans Memorial Committee members, our artist and the proposed project. We therefore would request that the Parks and Recreation Commission disregard the recommendations of the Arts Advisory Committee regarding the Veterans Memorial project and recommend approval of the project to the City Council. In response to the criticism of our choice of artist, the Veterans Memorial Committee chose Mark Greenaway; he is our artist and we stand by our selection. Those who wish to force the committee to select other artists, run a contest and design a memorial by a committee of their choosing, are again to be reminded, this is a privately funded group. We have made our choice. We would also point out that if the public doesn't like the design, they won't purchase pavers or otherwise financially support this project via donations. However, we have received overwhelming support from every veterans group we have approached, and we have approached them all. As a fairly conservative group, we have certain tastes in art that probably doesn't conform to what the "art community" would prefer, but it is our choice, and we have chosen to build a memorial to those who have served, not to the artistic tastes of those who haven't. 4a. / -� -7 Y Encl. (1) Artist's Concept A. J. FONZI Vice -Chairman, Atascadero Veterans Memorial Committee .N • BIOGRAPHY MARK GREENAWAY ARTIST FOR VETERANS MEMORIAL COMMITTEE Mark Greenaway, a graduate of Atascadero High School and Cuesta College, is a lifelong resident of Atascadero with over thirty years of experience in private and publicly commissioned art works. He studied and worked under internationally known artists Robert Reynolds and Robert Clark. He currently owns and operates his own full- tmr art studio. He is a past recipient of the Atascadero Art Association Art Award with art displayed in galleries throughout California, including Monterey, Carmel, Solvang, Cambria, Morro Bay, San Luis Obispo, Thousand Oaks, Los Olivos and Plymouth. His work has also been displayed in galleries in Washington state, Florida and New York. In 1988, He was commissioned by the Metal Arts Foundry to create the "Blue Ribbon Dream" life-size bonze sculpture for the California Mid -State Fair entrance at the Paso Robles Fairgrounds. • In 1992, Mark was commissioned to provide a mural honoring Jacques Cousteau at the United Nations in New York City. In 2001-02, he was commissioned to provide the life-size sculpture "Seasons Come, Seasons Go" at the entrance of the Morro Bay Museum of Natural History. Mark was commissioned on multiple occasions to provide paintings and bronzes of wildlife art for Ducks Unlimited and Quail Unlimited for live auctions and has donated many of his works to these organizations for the preservation of wildlife habitat. U 41 1 1471.1 .�; t 1 tb; 9>�--4�'���-•ic���'�r.+'�rs�C°G.3�'r�`.L, ` t 1 1 ,ap. s,^��' � I!,• t; -g' t 'CvT4Y3E �kY'��_I - 'Y �az„E�. iu )�� ,ice � °r.� � I i� �,;t �,:�. N .. !+ ';•% ,' iS 17J r1g► 4 1 A r IP ARM y a� RM „�� r y.?,y r t,. n �. iT t•�,i�k;'. .*at�'�I q�, .b-�L�t�I ..+ e'�',n ' d� f: \ ) •�t`�•^ -Y` Y^: Lel � � S� .14w, -.6 qh� 5 71 am IA 0 Report of Arts in Public Places Ad -Hoc Committee The meeting of the Ad -Hoc Advisory Committee for Arts in Public Places, appointed by the Atascadero Parks and Recreation Commission, was called to order at 3:30 p.m. on January 11, 2007 at Atascadero City Hall. Stephen Committee members present: Joe Ramirez, Ann Wright, Tracy DiVita Bass, Lasalle, Sally Tippman, Cathy Baker (alternate, non-voting) and Chairman Barbie Butz (Parks and Recreation Commissioner, non-voting). Chairman Butz reviewed the City of Atascadero's Arts in Public Places Goals and Objectives, Procedure and Selection Standards. She reminded the committee that it was their responsibility to approve, reject, or suggest modifications to the proposal presented to them. The proposal from the Atascadero Veterans Memorial design committee and artist Mark Greenaway was presented to the group. See attached proposal. Discussion revolved around the possibility of offering an opportunity for other artists to submit designs and have the designs juried by a committee made up of other artists in the field. One member reminded the committee that the Veterans Memorial Committee has already gathered funding and are anxious to move forward so that they do not lose that funding. Chairman Butz reminded the group that their job was to follow the procedure as set forth in the Arts and Public Places guidelines. After much thoughtful discussion it was decided that those members who had not been to the proposed location, would meet there on January 16, 2007 at 3:30 p.m. The next is meeting was planned for January 16, 2007, at 7:00 p.m. in conference room #4 at City Hall. The meeting adjourned at 5:10 p.m. �J 43 The meeting of the Ad -Hoc Advisory Committee for Arts in Public Places was called to order at 7:00 p.m.on January 16, 2007 at Atascadero City Hall. Committee members present: Joe Ramirez, Ann Wright, Tracy DiVita Bass, Stephen Lasalle, Sally Tippman, Cathy Baker (alternate, non-voting) and Chairman Barbie Butz (Parks and Recreation Commissioner, non-voting). Discussion of the proposal from Mark Greenaway and the Veterans Memorial Committee continued. Using his computer, Joe Ramirez had prepared an overlay of the statue at the proposed site on the corner of Hwy. 41 and Portola. Members agreed that it was helpful. Joe also reported that he had visited the Fairgrounds in Paso Robles to see Mark Greenaway's statue at the entrance. After more discussion, it was agreed to follow the criteria for the selection of works of art for the City of Atascadero, Arts in Public Places Program and move to a recommendation to be passed on to the Parks and Recreation Commission. Selection Standards: 1. Artistic excellence, innovation and originality. The statue was determined to be original and innovative. Some members felt that it lacked artistic excellence. 2. Appropriateness of the artwork in terms of scale, form, content and the environment. Members felt that the scale of the statue was OK for the site. Some members felt that the statue lacked continuity and lacked form and artistic composition.. -They felt that all 3 elements, the statue, the pathway and the wall did not seem to be in harmony. All agreed that the location/environment was good. As far as content, some found the half man disturbing and also felt that the faces in the flag did not work for them. 3. Durability of the artwork relative to theft, vandalism, and the environment. Members thought the piece would be durable, but were concerned about the flags being subject to theft. 4. Materials and methods shall be suitable for durable outdoor display. Committee found materials durable. Numbers 5 and 6 were N/A to this proposal 7. Ability to maintain the project. This area would be determined by the City and the Veterans Memorial Committee Motion: Joe Ramirez moved to approve Mark Greenaway's proposal as submitted. Seconded by Ann Wright. Motion was defeated by 4 no and 1 yes Motion: Joe Ramirez moved that the concept of a War Memorial project is accepted by all members of the committee, at the site discussed, and the committee unanimously agreed they would be willing to assist the Veterans Memorial Committee in considering Proposals from multiple artists. This committee recommends finalizing the project by November 11, 1007. Seconded by Steve Lasalle. Unanimously passed. Meeting was adjourned. 0 • Page 1 of 2 Brady Cherry From: Joseph A Ramirez Doear@jps.net] Sent: Thursday, January 18, 2007 2:46 PM To: Brady Cherry Subject: Art In Public Places Summary Brady this is the comment I e-mailed to Barbie. Please acknowledge receipt of this mail. January, , 172007 City Of Atascadero Arts In Public Places I, Joe Ramirez, Arts In Public Places Committee Member, do recommend to the Atascadero City Council that the proposal for public art by Mark Greenaway be accepted. Evaluation summary of public art proposal by artist Mark Greenaway. After : * Attending two meetings with the Art In Public Places Committee Thursday 1-11-07, Tuesday 1-16-07. * Visiting the proposed monument cite of Portola and HWY. 41, photographing same and placing a to scale model of the proposed sculpture in the cite that I photographed using digital technology * Visiting the Mid State Fare Grounds and examining and photographing a sculpture by Mark Greenaway 1 concluded the following The art proposal "Atascadero Veterans Memorial " by Mark Greenaway does qualify for acceptance by this committee according to the "Selection Standards "guide lines as stated in the Atrs In Public Places Manual. As a personal critique, I as an artist find this composition unique and very moving. I find the use of a soldier protecting a fellow soldier who is assisting someone in need while pulling the weight of the American Flag and the Eagle that is symbolizing American values and the use of era dated veterans head and shoulder representations to represent all of our veterans of the past wars to be a very powerful statement ! Yes --- I do find this piece of art to be very powerful and profound, and of very professional quality .--- I like it ! 1 also see this soldier protecting his comrades and the reputation of Veterans past and the values of the American Flag, I find this particularly meaningful in these times when the "American Way " is coming under such heavy attack world wide. 1 see these men doing their duty without question. I have seen other memorials that place emphasis on the soldier's human emotions, such as 45 1/30/2007 Page 2 of 2 claiming victory, praying, reflecting, morning a loss, etc. and etc. , but this sculpture depicts bravery, compassion, and protecting the values of Veterans and the American Way. 0 Joe Ramirez Photographer and Painter .joear@-jps.net Joe Ramirez Photographer and Painter joear�jps.net • • 4630/2007 CITY OF ATASCADERO ARTS IN PUBLIC PLACES GOALS AND OBJECTIVES The ultimate purpose of the procedures and standards set forth herein is to encourage appreciation, acceptance, and support by the public of visual arts in public places owned or leased by the City of Atascadero. Art is both a permanent and changing reflection of what the community holds important. The Arts in Public Places Policy should reflect and communicate community values and enhance the quality of life of the citizens of the City of Atascadero. The goals and objectives of the Arts in Public Places Program are to direct the inclusion of works of art in City capital improvement projects and public places, including City -owned or leased buildings and parks, to create a more livable City, engage and attract a wide spectrum of citizens and visitors, stimulate the vitality and economy of the City of Atascadero, and enhance the community environment. II. DEFINITION OF ART IN PUBLIC PLACES Arts in Public Places is defined as all art including, but not limited to, sculptures, murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental works. It includes all artwork that is to be displayed longer than 30 days on or in a publicly owned or leased facility or park, or publicly owned or leased open space or easement. III. PROCEDURE A. Submittal to Community Services Department Works of art may be donated to, or purchased by, the City of Atascadero to be placed in publicly owned or leased property. Plans for proposed artwork and its placement must be submitted by the artist, or sponsoring group, to the Community Services Department. A standardized proposal application form will be required as part of the submittal package. It shall include sufficient data upon which to properly evaluate the project. A full- color rendering shall be submitted as part of the proposal. Copies of the application shall be transmitted for comments to all affected City Departments, including Community Development. 47 B. Consideration by Atascadero Public Arts Committee 0 After the proposed application is deemed to be complete and comments have been received from all affected City Departments, it shall be forwarded to the Parks and Recreation Commission. The Parks and Recreation Commission shall appoint a five (5) member ad hoc advisory committee from selected members of the Atascadero Public Arts Committee (see Item V. below). This ad hoc committee should be selected from those most knowledgeable about the art form, and shall be chaired by a non-voting member of the Parks and Recreation Commission. A project proposer shall not serve on this advisory committee. The approval or rejection of the project, together with suggestions for modifications by the sub -committee, will be received by the Parks and Recreation Commission at a regular or special meeting that shall be deemed a public hearing. Following the public hearing, the Parks and Recreation Commission will either recommend approval or rejection of the project, including recommendations for appropriate changes. If the project is recommended for rejection, specific reasons for the rejection should be communicated to the proposer. If the proposer agrees to the suggested modifications, it will be reconsidered by the Parks and Recreation Commission. The recommendation of both the APAC and the Parks and Recreation Commission shall be forwarded to the City Council. C. Consideration by the City Council The City Council shall review the proposal, together with the recommendations of the Atascadero Public Arts Committee and the Parks and Recreation Commission, and approve, reject, or suggest modifications to the project. The City Council's consideration of the artwork shall be placed on the consent agenda, unless removed for separate action. If the project is rejected, specific reasons for the rejection shall be communicated to the proposer. If the proposer agrees to the suggested modifications, the proposal may be reconsidered by the City Council. IV. SELECTION STANDARDS The selection of works of art for the City of Atascadero, Arts in Public Places Program, shall be based on the following criteria: 1. Artistic excellence, innovation and originality. 2. Appropriateness of the artwork in terms of scale, form, content and the environment. 4 • 3. Durability of the artwork relative to theft, vandalism, and the environment. 4. Materials and methods shall be suitable for durable outdoor display. The program shall strive for diversity in style, scale, media, and numbers of artists represented. 6. Selection shall be based on the compatibility of design and location within a unified design character or historical character of site; preservation and integration of natural features of the project. 7. Ability to maintain the project. A further requirement shall be the execution of an appropriate contract related to the rights and duties of the parties involved in the creation, display, maintenance and ownership of the completed artwork. V. ATASCADERO PUBLIC ARTS COMMITTEE (APAC) The Community Services Department will solicit membership from interested citizens of Atascadero to serve on an advisory committee to assist in the implementation of the Goals and Objectives. Members of this group may be asked to assist in the development of an inventory of sites for public art, provide leadership in the selection of artists and artisans, provide direction for funding public art, and serve as advisory members to the Parks and Recreation Commission on an ad hoc basis to consider and evaluate proposed public art projects. In this capacity, their expertise and advice would be considered in the development of a recommendation to the City Council. Recommended backgrounds for the members of the APAC are artist, art teacher, art historian, art collector, architect, landscape architect, or board member of a non-profit art corporation. Persons with pending art project applications shall not be allowed to serve on the APAC during the time their project is under consideration by the Committee. It shall be the function and purpose of the APAC to: Review proposed project applications and implement selection standards. 2. Set standards and procedures for the construction and maintenance of art in public places. Such standards are to be consistent with the requirements of the City general plan and land use element. we 3. Advise the City regarding the amounts and sources of funds to be expended on artwork. ( • 4. Advise and assist in obtaining financial assistance for visual art from private, public and corporate sources. 5. Survey available or potentially available sites on publicly -owned facilities and open areas within the City. 6. Assist in the establishment of appropriate themes for areas in the City along with general recommendations for size and placement of artwork in those areas. 7. Encourage and assist in community participation that promotes public involvement in the arts. A:\BC\AMPubPIacePoIicy.RevI 50 4 (DRAFT) FACILITY MAINTENANCE AGREEMENT BETWEEN ATASCADERO VETERANS MEMORIAL COMMITTEE & THE CITY OF ATASCADERO This Agreement is made and entered into this date , by and between the City of Atascadero, and the Atascadero Veteran's Memorial Committee, for the maintenance and upkeep of the Veteran's Memorial and related facility improvements at Atascadero Lake Park during the period of thirty, years, from January 1, 2008 until December 31, 2038. 1. PARTIES 1.1 City 1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services • 6907 EI Camino Real Atascadero, California 93422 1.2 Atascadero Veteran's Memorial Committee / Lessee 1.2.1 Atascadero Veteran's Memorial Committee, whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Veteran's Memorial Committee P. O. Box Atascadero, California 93423 2. TERMS The term of this agreement shall begin on January 1, 2008 and terminate on December 31, 2038. Subject to extension or sooner termination as hereinafter provided, this agreement shall continue for the term of thirty (30) years, upon mutual consent of both parties. 2.1 Obligations of Veteran's Memorial Committee 2.1.1 Submit Building Permit application along with all necessary plans and documents required by the City of Atascadero Community Development • Department. 2.1.2 Removal of all trash and litter from the area and place in nearby trash receptacles. 1 51 Ril 4. 5. 2.1.3 Immediately report any facility damage or vandalism to the City of Atascadero. 2.1.4 Notify the City of Atascadero's Community Services Department and/or the City of Atascadero's Public Works Department of any scheduled maintenance or renovations. 2.1.5 Maintain the bronze statue per sculptors recommendation. Keep the structure in a clean, presentable and repaired condition. Any and all repair costs will be the obligation of the Atascadero Veteran's Memorial Committee. 2.1.6 Maintain the pathways, walls, concrete mow -strips, and any other improvements around the bronze statue in good repair. Any and all repair costs will be the obligation of the Atascadero Veteran's Memorial Committee. 2.1.7 Replace all tattered or torn flags on an as needed basis. 2.2 Obligations of the City of Atascadero 2.2.1 The City of Atascadero grants the Atascadero Veteran's Memorial Committee use of the property described in Attachment A for the express purpose only to install a Veteran's Memorial statue and related site improvements. 2.2.2 Perimeter area weeding and spraying of pre -emergent herbicide. 2.2.3 Provide dumpster for trash. 2.2.4 The City of Atascadero will pay for all utility costs. INDEMNIFICATION: Atascadero Veteran's Memorial Committee hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Atascadero Veteran's Memorial Committee or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Veteran's Memorial Committee or by any one or more persons directly or indirectly employed by, or acting as agent for, Atascadero Veteran's Memorial Committee. INSURANCE: Atascadero Veteran's Memorial Committee shall not commence its services under this agreement until they have obtained all insurance as provided in Exhibit C. TERMINATION OF AGREEMENT 5.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 90 days prior written notice to the other parties to this agreement. 5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) The end of the 90 days as set forth in Section 5.01; (3) End of the contract to which services were necessary; or 2 52 • 0 • (4) Assignment of this agreement without the consent of the City. 5.03 TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non -breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 5.04. TERMINATION: This agreement shall terminate on December 31, 2038, unless extended as set forth in this Section. The City, with the agreement of the Atascadero Veteran's Memorial Committee, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 6. NON -EMPLOYMENT STATUS. It is understood and agreed by the parties hereto that Atascadero Veteran's Memorial Committee, while engaged in operation of the program(s) described herein and complying with the terms of this agreement, is and shall act as an independent contractor and is not an officer, agent or employee of the City, and officers, employees and agents of Atascadero Veteran's Memorial Committee are not entitled to any of the benefits of City employees. 7. ASSIGNMENT Atascadero Veteran's Memorial Committee shall not assign this agreement or any part thereof without the prior written consent of the City Manager or his designee. 8. ALTERATIONS C7 8.01 Any alterations, additions, improvements or changes, that Atascadero Veteran's Memorial Committee may desire to make to the premises, shall be made at the LESSEE'S sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and/or improvements shall be made only after first submitting the plans and specifications thereof to the City and obtaining the consent of the City in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless the City exercises its right to require the LESSEE to remove any alterations that the LESSEE has made to the premises, shall be surrendered to the City upon the expiration or sooner termination of the agreement. 8.02 If the City elects to exercise its right to terminate this agreement prior to the termination date established here within, the City will reimburse Atascadero Veteran's Memorial Committee for all direct expenses of materials related to approved alterations and improvements, not including labor costs or the value of volunteer labor. Records and receipts shall be required for reimbursements. 3 53 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite their respective names. CITY OF ATASCADERO • Date: WADE MCKINNEY, City Manager ATASCADERO VETERANS MEMORIAL COMMITTEE Date: President, Atascadero Veterans Memorial Committee ATTEST: Date: MARCIA TORGERSON, City Clerk APPROVED AS TO CONTENT: Date: BRADY CHERRY, Director of Community Services APPROVED AS TO FORM: Date: PAT ENRIGHT, City Attorney 4 54 r� • Exhibit D • INSURANCE REQUIREMENTS FOR LESSEE Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The Entity, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 5 55 IM111,047ra)1 2. The Lessee's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained • by the Entity, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Entity. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. VerlNcaticn of Coverage Lessee shall furnish the Entity with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Entity before work commences. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. • Atascadero City Council ITEM NUMBER: B - 1 DATE: 03/27/07 Staff Report - Community Development Department Eagle Creek Golf Course Reuse Study Session RECOMMENDATION: Council provide direction to staff and Planning Commission on how to proceed with amendments to the Eagle Creek Golf Course project. DISCUSSION: Background: The property in question was originally zoned as Commercial Tourist. in 1991 the property was rezoned to Special Recreation and High Density Single Family with the PD -8 overlay district. The rezoning and PD -8 allowed for the construction of the golf course, driving range and 13 single family units. Eagle Creek Planned Development Overlay Zoning Code Text 9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8). Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1.102). The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site. The Master Plan shall be processed in the same manner as a conditional use permit except that the Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: (1) Single-family dwellings; (2) Residential accessory uses (See Section 9- 6.106); (3) Crop production and grazing; (4) Farm animal raising (See Section 9-6.111); (5) Home occupation (See Section 9-6.105); + (6) Temporary dwelling (See Section 9-6.176); (7) Agricultural accessory uses (See Section 9- 6.109); 57 ITEM NUMBER: B - 1 DATE: 03/27/07 (8) Outdoor recreation services, limited to a golf course and/or tennis and swim club (See Section 9- 6.123); (9) Pipelines. (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan following a public hearing. (d) The grove of oak trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, Efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Any substantial expansion of recreational uses beyond a nine -hole golf course shall require ,�­-�iaration of a traffic study. The result of that traffic study and recommendation shall appear on the consent calendar of the City Council. (f) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221 § 3, Exh. B, 1991) CROSS SECTION w LCLE STREET 4 your -Yu4 11.3 ACF •� ... fir',--��?,, �� ,� .. . ,\ U.S. 1CCMNAY 191 SOUTMBOUND - LAGLE CREEK TRNTATIV3; TRACT NIA 20,19 A St/gpMSK)II OF PARK RESP'. 'A7. LOIS 71 TS(20' 23. 24 ANC ALLLR BLOCK 72, ATAS AVERO COLONY. City 01 Alt—Wsro, Cdilo.nN C.1, el Son LL s Obispo. • • 7 • • lie ITEM NUMBER: B -1 DATE: 03/27/07 In 1998 PD -8 was amended to allow the golf course and driving range to take access off of Atascadero Road rather than Santa Barbara Road as originally required. In 2000 the owner applied for a zone change and PD master plan amendment to remove the outdoor driving range and add four additional single family units. The request was approved on April 10, 2001. 2001 Master Plan of Development cot sn 59 ITEM NUMBER: B-1 DATE: 03/27/07 In 2005 the golf course was closed to the public and watering and maintenance of the course ceased. The owner applied for a General Plan Amendment, Zone Change and PD Master Plan Amendment in December 2005. The original amendment proposal called for the creation of two additional single family residential lots, a cell tower and a youth football field. This proposal was agendized for a study session with the City Council, Planning Commission and Parks and Recreation Commission on March 28, 2006. During the study session the neighbors expressed significant concern regarding the intensity of the football field use. The Council referred the item back to the staff and applicant to come up with new alternatives that were less intensive than the football field. Analysis: In response to the Council's direction from last year, the applicant has submitted a revised concept for the golf course site. The new proposal involves converting the existing club house into a single family unit on a 10 acre lot and leaving the golf course and its facilities as is. Proposed 2007 Master Plan of Development (6pb wro.aw-ero w+ ME - j • C7 • r� • • 0 ITEM NUMBER: B - 1 DATE: 03/27/07 3,546 SF - Proposed Floor Plan - Proposed 2007 Master Plan of Development 61 ITEM NUMBER: B - 1 DATE: 03/27/07 Although this latest proposal is clearly a lower intensity use of the land, the following issues need to be clarified for the proposal to move through the approval process. 1. What is the "public benefit" of PD -8 without the golf course? Applicant's response: "The public benefit of this proposed situation will enable the City of Atascadero to place desired maintenance conditions on the property, through this conversion, so that the remaining property will be enhanced and sustained as the City's gateway." Staff is unsure what public benefit the project would have once the golf course is eliminated. 2. What if any use restrictions will be placed on the 10 acre single family lot? • Staff would recommend that an open space and drainage easement be required over the flood planes that cross the 10 acre lot. 3. Should the underlying LS zoning district that permits recreational uses and RV parks be removed from the property to prevent future Master Plan Amendments? • The applicant is proposing to leave the existing CREC (Commercial Recreation) general plan designation and LS (Special Recreation) zoning on the 10 acre parcel. Staff would recommend that the 10 acre site have a General Plan Amendment and rezoning to change the use to residential to prevent future requests for recreational and commercial uses on the site. As an alternative, PD -8 should be revised to eliminate Crop production and grazing; Farm animal raising Agricultural accessory uses Outdoor recreation services, limited to a golf course and/or tennis and swim club 4. What happens to the existing golf course improvements like the sand traps, lake, bridges, irrigation system, well, driving range, cart paths, and trees that are spread across 12 separate residential lots? • Applicant's response: "Previous easement area for golf course over individual lots have been deeded back to the owners. Each owner responsible to maintain and restore their entire lot now. 1) Sand traps on individual lots will be at owner discretion; sand traps on lot M, ITEM NUMBER: B -1 DATE: 03/27/07 proposed for converted residence will remain. A selling feature of this lot will be the potential of having a private golf course area should a future buyer choose to utilize them. 2) Lake — to remain, as above 3) Bridges — to remain 4) Irrigation — to remain 5) Well — to remain 6) Driving range - to be removed 7) Cart paths — there are none 8) Trees — to remain, dead trees will be removed on lot proposed for converted residence" • Staff is concerned about the current appearance of the abandoned golf course. It appears that the applicant's proposal is to leave the site as is permanently. Many of the non native trees were dependent on the irrigation of the turf and will probably slowly decline and die without supplemental irrigation. 5. Is the new fencing acceptable? • Applicant's response: "[The fencing is] permanent. There will be landscape treatment (vines, rose bushes or similar) planted along the fencing." • Staff would recommend that landscaping and irrigation of the fencing be a project requirement. 6. What will happen with the golf course shop and storage buildings? • Applicant's response: "These buildings will remain. They will become residential outbuildings (shop, shed, etc.)." • Staff is concerned about the large shop building on Atascadero Avenue. This building is over 2000 square feet and looks like a house on the exterior. At a minimum, clear deed restrictions for this building will be needed to prevent it from being used for residential or commercial purposes. ATTACHMENTS: Attachment 1: Applicant's Proposal • 63 EAGLE CREEK PROPOSAL 12/1/06 KIRK CONSULTING BACKGROUND: City Council had a Joint Study Session on March 28, 2006 to discuss the potential development at 13000 Atascadero Road (APN 045-391- 015, 016), formerly known as "Eagle Creek Golf Course". The location of the property is in South Atascadero on the west side of Highway 101, adjacent to the Santa Barbara Road on/off ramps. The site is bordered on the south and west sides by Eagle Ranch, the east side by Highway 101, and large lot residential development along the northern portions of the site (RS: 2.5-10 acre lot minimum). Adjacent residential development includes 18 homes, 13 one-half acre parcels to west of the golf course (Tract 2049 / 2279), four 1.5 acre lots (Tract 2415) and one +/- 2.0 acre parcel on the south side of the golf course. The proposal discussed at the workshop included the modification of the existing use(s) of the property, formerly known as Eagle Creek Golf Course. The property is composed of an overall 9.93 acres that is currently designated as Commercial Recreation (CREC) under the General Plan Mixed Use Land Use Designation section with a corresponding zoning district as Special Recreation • "LS", with Planned Development "PD -8" and Flood Hazard "FH" overlays. The proposal presented at the workshop included the following components: • Conversion of the existing maintenance building to residential use (interior alterations only) • Conversion / modification of the existing club house facilities(s) to a single family residence including the construction of a new garage; • Zone Text Amendment to modify allowed uses within PD -8 overlay, • Youth recreational field, home and visitor seating, small concession stand, parking for recreational uses. • Co -location cellular facility • Environmental Enhancement/Mitigation project areas In order to process this proposal the following entitlements would be required for approval: • General Plan Amendment • Zone Change • Tentative Parcel Map • Conditional Use Permit it members had the opportunity to hear from At the Joint Study Session, Councpp ty the public including the applicant, youth football affiliates, and neighbors. The overall neighborhood consensus seemed to agree that they did not want to see a youth recreational field in their back yard. Neighbors expressed concerns that they enjoyed the golf course, "open area"; adjacent to their property and that their focal reasoning for purchasing a home in the neighborhood was driven by this amenity. Neighborhood consensus expressed the wish to see the prior golf course remain as open landscape. Youth football affiliates expressed their desire and need for a youth recreational field in Atascadero and even North County. Leaders within the youth football organization as well as coaches and team members voiced their opinions as to why a field is needed in the area and how they appreciated the applicant for proposing the generous idea. As a result of the public comment period, City Council members concluded that the recreational field may not be the best alternative for this site. Council directed the applicant to come up with additional alternatives to bring to Council and the public at another joint study session. Several alternatives have been evaluated by the applicant and one of these seems to be the most logical for proposal for the site at this time. This alternative is further explained below and will be evaluated by staff and then forwarded on to a City Council public workshop for discussion and recommendations from Council. • 65 Proposal: • Conversion / modification of the existing club house facilities(s) to a single family residence including the construction of a new garage The existing clubhouse facility is on 9.9 acres. This proposal does not propose to adjust existing property lines or parcel size. The property has an existing workshop building that fronts Atascadero Road. Maintenance of the parcel will be provided by the owner. The existing clubhouse consists of two separate buildings. The proposed residential conversion would adjoin the two buildings into a 3,546 sf one-story home with a loft. 1st Floor - Existing Floor Plan - • • E 3.546 SF . - Proposed Floor Plan - General Plan and Zoning Compliance: This proposal is for an amendment to the Master Plan of Development (CUP 2005-0025) to allow residential use. The intent of the proposal is to convert an existing clubhouse building into a single family residence and add an additional detached garage. Residential uses are allowed in the LS zoning district with a minimum parcel size requirement of 1.5 acres. Additionally, single family iresidential uses area specifically listed as an allowed use in the PD -8 overlay. The project is consistent with the city's Zoning Ordinance and the General Plan. 67 Justification: This is a reasonable proposal because it provides less of an impact than any of the previous alternatives submitted. Converting this parcel into residential use, would not result in any significant construction or alteration of the existing view corridor. The only construction would be to combine the two existing structures (clubhouse) into one residence and to add a new detached garage. Additionally, the proposal would simply maintenance responsibilities of the previous golf ccurse, area and return previous easement areas to the neighboring parcels. .: • • • �+R" Yw w gg� i{ If a s Z ! �$ 3s gd EIIr1 �::" is r As hd e��! Iw w w c° r 3 Yf ' ��• JJ 1. _— � Illlr � 4,.. ., - i /"\\* / llr1.t �t i, ! I� r' � F� •� I I_. ��-::.. y •i� ,� Ill ��� All 4 ,ISI I I I '� _;.`1�fll � / r � •, \ ¢ /� 4 } I Ils, � �h�d11 III '>,� ;•,i\ �\, ' i S � tit tll � it tell f' 1 11•'' 1111 � :.� .� 11;11 -- Ils, � �h�d11 III '>,� ;•,i\ �\, ' i S � tit 70 F - Z O w U- I- LL w J • • • ITEM NUMBER: B - 2 DATE: 03/27/07 Atascadero City Council Staff Report - Community Services Department nlony Park Community Center Project Operations Planning Status Report RECOMMENDATION: Council review operations report and provide direction as necessary. DISCUSSION: Background: The Colony Park Community Center project is moving forward, and plans are being developed to determine facility operations and levels of service. The following report provides a preliminary look at facility operations, and gives some examples of operating policies and plans. Programming: One of the most important elements of the new Community Center will be the level of service for programs and activities. Programming will be offered for all ages, from youth to older adult, with activities scheduled to meet the needs of the various populations. Staff is recommending that many of the Community Services Department's existing programs be relocated into the new facility. This enables the City to be able to offer a wide range of activities in the areas of youth and adult sports, contract classes, and special events without adding additional costs. Many youth sports that currently take place in school facilities can be relocated to the Community Center, saving fees now paid to the School District. Examples would be the youth basketball and volleyball leagues. Adult sports that have been discontinued in past years, due to costly school facility fees that the market would not bear, can now be reinstated in the City facility to provide more recreation opportunities and generate additional program revenue. Examples would be adult basketball and volleyball programs. Existing contract classes now conducted in the Lake Pavilion, can also be moved to the new facility, providing a variety of recreation and special interest classes for youth and adults. Relocating these types of classes will not increase operating costs, and help fill the new facility with appropriate activities. In fact, relocating the contract classes from the Lake Pavilion will create available space there for more profitable rental activities there. In the case of contract classes and youth and adult sports programs, these offerings can also be expanded in the new facility with minimal increases in operating 71 costs. Contract classes are structured in such a way as the city splits the revenue from the activity with the private contract instructor. 0 The Colony Park Community Center will include the teen center and game room, which will be open on a drop-in basis. This area will be open free of charge during regular operating hours. The teen center area will serve kids from the 7th through the 12th grades. The Teen Center area will require staff supervision, and some alternatives for operating the teen center are discussed later in the report. Center Hours of Operation and Center Program Staffing: The hours of operation will vary based upon the season, when school is in or out of session. When school is in session, the proposed hours are: Monday through Friday, 3:OOpm — 8:OOpm. Saturday and Sunday, the hours would be 11:OOam — 9:OOpm, and 1:OOpm — 5:00pm respectively. When school is not in session during the summer or during holiday and spring breaks, the hours would be: Monday through Friday, 11:00am to — 8:OOpm. Saturday and Sunday, the hours would be 10:OOam — 9:OOpm, and 1:OOpm to 5:OOpm respectively. The Community Center will also to be open later in the evening on an "event basis" for special events and activities, such as teen dances. The Recreation Center will also be available for rental activities, and these activities would be based on cost recovery goals. Rentals may occur after hours or during the regular business hours identified above, if there are no conflicts with other uses and as space may be available. The Center Director will be an existing staff position in the Community Services Department. Recreation Supervisor, Paula Anton, will be assigned as the facility Center Director, saving the City the need to fund this important position as a new position. Ms. Anton will supervise and oversee the entire facility operation and. part-time staff on a day to day basis. One alternative for teen center supervision staffing for the normal hours of operation would involve two part-time staff persons present during all normal hours of operation. The staff would supervise the front counter, game room and be responsible for general facility welfare. Other staff and contract instructors would be assigned based upon the scheduling of new or existing programming for the facility, and would supplement the Center Director and part-time staff. From a program standpoint, the greatest challenge financially will be supervising and staffing the teen center/game room on a daily basis. Potential partnerships with other organizations: City staff has met with representatives from the YMCA and the North County Boys & Girls Club. The YMCA based in San Luis Obispo responded to an invitation to submit a proposal for a potential partnership in the Center operations. Their proposal is attached (Attachment C). The YMCA has a great deal of applicable experience and expertise in operating youth programs and programs for adult populations as well. 40 The YMCA has expressed an interest in exploring some options to have the organization join in as a partner to operate the teen center and offer some special events and other developmental programming. One of the alternatives being considered 72 involves the YMCA, Atascadero Unified School District and the City operating an after- school program for teens at the Center. All three agencies have jointly applied for a 21St Century Grant, which would bring in as much as $150,000 in grant funding to offer the programming. The School District would be the Fiscal Agent. The YMCA would provide after-school program/teen center supervision and other activities such as a "Homework Lab". The City's "in-kind" match would involve the provision of facilities. If the grant is successful, some of the City's operational cost would be significantly less than what it would cost the City to run the teen center and other programs. Mobley's Boardshop has also expressed an interest in helping to set up computers for the after-school "Homework Lab". Cafe Operations: In March 2006, the Community Services Department made a public "Request for Proposals" (RFP) to find a private operator for the cafe to be located in the teen center. More than ten (10) RFPs were mailed out to prospective businesses that might have an interest in operating the cafe. The Proposals were due in May, and only one business, NCI Affiliates, Inc. submitted a proposal. NCI operated the "Back Porch Cafe" at the Lake Pavilion several years ago, and the City was satisfied with their performance. In May, NCI proposed paying $250 per month for the cafe, and 4% of the gross revenue. City staff does not think that the sole proposal meets the City's needs at this time. City staff prefers to explore the option to allow the YMCA to run the cafe, and use any proceeds to offset the cost of helping supervise the teen center/game room. Another avenue would be to run the cafe under City operation. A variation of this concept could include a vending operation only, which would certainly generate revenues and not require high overhead costs or staffing. After running the cafe "in-house" in this manner for a period of a year or so, the City could then issue another RFP, when the proposing businesses can look at the attendance numbers of the new facility, prior to making a proposal. Facility Policies, Procedures and Standards of Operation: Staff has been researching facility use policies and standards of operations. A draft policy manual is attached for City Council review and comment. The Colony Park Community Center construction is currently on budget and on schedule. The anticipated grand opening continues to be in the fall of 2007. FISCAL IMPACT: The annual cost of the operation of the Colony Park Community Center is estimated to be as follows: Building Maintenance: $225,820 Parks (Landscape Maint.): $3,200 Center Operations: $256,040 Approximate Operations Total: $485,960 73 ATTACHMENTS: Attachment A- "Draft" Policies & Procedures Manual Attachment B- Sample Weekly Program Schedule Attachment C- YMCA Proposal for Services 74 • • • —,— �'' Fall lip x City of Atascadero Community Services Department Colony Park Community Center Policies & Reservation Procedures Reservation Procedures All customers must submit two (2) forms of residency verification in order to receive a discount on facilities where a residency discount is applicable. Reservations can be made over the phone with a Mastercard or Visa, or in person at the Atascadero Recreation Center Monday through Friday between the hours of 1:00 pm and 5:OOpm. All rentals must be paid for in advance. A security deposit, paid by cash, check or credit card, is required at the time of the reservation to reserve a room for any event. The balance must be paid no later than 30 days prior to the event. If payment is not received 30 days prior to the event, the City of Atascadero will cancel your reservation and withhold the security deposit. Once the balance of the permit is paid, the security deposit will become a damage deposit. Please see policies regarding damage deposits on the following pages. Reservations can be made one year to the day in advance of your event. Reservations, including kitchen facilities, must be made a minimum of 30 days in advance. Reservation times and dates must be set 30 days prior to an event. Reservations for the Community Center on designated City holidays will require approval by the Facilities Coordinator. Special holiday rates may apply at staff discretion. Groups composed of minors (under 18 years old) must be supervised by 1 adult for every 20 minors while they are using the facilities. The permit must be issued to the adult supervising the function. Permits will only be issued to individuals between 18-21 years of age for events without alcohol. 76 • • • • Rental Time Requested Rental times are required upon making the reservation. Rental fees are applied for preparation and actual program time. The hour following an event is to be used by the customer for cleaning ONLY. The permittee will be obligated to pay for additional set-up time required by the caterer. All activities must be concluded no later than 12:00 a.m. (including clean-up time). All persons associated with your event must vacate the premises when the permitted time expires. Events that go over actual program time will have one hour's worth of fees withheld from the damage deposit for every 15 minutes that pass. Permit Changes/Revisions A $25.00 administrative fee will be assessed for all revisions with the exception of additional time added to an existing permit. A minimum of 30 days advance notice is required to revise an existing permit and to add an alcohol damage deposit. The permittee shall be required to pay for additional services/equipment not requested in advance. Changes/revisions to an existing permit will not be allowed within 30 days prior to the scheduled date. Cancellation Policy The City of Atascadero reserves the right to cancel any reservation contract and/or equipment request upon two weeks notice. This shall be done when it is deemed necessary to do so and in consideration of the First Amendment Rights of the applicant. To receive a refund, please inform the Reservation Office 30 days in advance for all cancellations and revisions. A $25.00 administrative fee will be assessed for all cancellations. If for any reason an event is cancelled within 30 days prior to its scheduled date, all rental fees associated with that event will be withheld. The damage deposit will be refunded. Refunds/Damage Deposit Refunds Refunds will be mailed to the permittee. If the permittee paid by check or cash, a check will be mailed for the appropriate amount approximately 4 to 6 weeks after the date of the event or after a cancellation has been made. If the permittee paid by credit card, the permittee's credit card will be credited for the appropriate amount with 2-3 weeks following the event or cancellation request. Damage deposit refunds will be processed after your event if the facility is left in a satisfactory condition, nothing is broken, and the event ends at its scheduled time. 77 The City will deduct from the damage deposit additional charges relating to, but not limited to, additional maintenance time, additional facility use time and equipment or property damage during your event. 0 If Public Safety is called to address an issue or disturbance at your event at any time, your damage deposit will be withheld. The City reserves the right to hold the users damage deposit in its entirety if user does not follow specified City policies. This will hold true regardless of who (permit holder, guest, or agent of permit holder) was responsible for the breach of policy. Alcohol and Insurance Information Liability Insurance will be required for any event hosted in the Ballroom, Community Room or Orchard Pavilion where alcohol is present. A General Liability Insurance policy in the amount of $1 million will be required with the City of Atascadero listed as an additional insured with wording as follows: "The City of Atascadero, its officers, agents, and employees are hereby named as additionally insured" Proof of insurance and the accompanying endorsement must be submitted a minimum of 30 days prior to the event. Failure to do so will result in cancellation • of the event and the loss of all associated fees. Customers who wish to serve hard alcohol must go through a caterer or bartender that holds a proper liquor license/insurance and Sunnyvale business license. Facility Attendant A Facility Attendant will unlock and lock the facility, answer any questions, and enforce all rules of operation. An attendant(s) will set up the room prior to the designated time allowed for preparation and assist with additional tasks as necessary. Please report all spills and any problems to the attendant immediately. Room Set -Up and Special Request The Facilities Coordinator must approve decorations, special requests, and the room set-up diagram. A room set-up diagram is due 30 days prior to the event (a floor plan of the room will be included in the reservation packet onto which you can sketch your desired room set up). A Facility Attendant will have set up all tables and chairs, in • accordance with your set-up diagram, by the time the program/event begins. Failure to receive a room set-up diagram will result in no set-up being performed. Pins, tape, or staples into the walls and partitions in the Recreation Center are prohibited. No confetti, glitter, silly string, or fog machines permitted in rooms in the Recreation Center. • If theP ermittee should, for any reason, be unavailable during an event, it is his/her responsibility to nominate a representative to act as a point of contact should city staff have any questions or concerns in regards to the event. You may indicate the person on the Community Center Liability Statement. Clean -Up Responsibilities The user has the responsibility of leaving the room as it was originally found. The City of Atascadero will furnish NORMAL cleaning supplies such as trash bags, mops, and sponges. Staff will remove all tables and chairs; however it is the user's responsibility to clean them. A Clean -Up Responsibility Policy Form will be provided when the reservation is made and on the day of the event. This form can be used as a checklist to ensure that the user adheres to all clean-up responsibilities. The permittee is given up to 1 hour to clean the facility following the conclusion of an event. This time is used specifically to clean. General Regulations Each guest at an event must obey all applicable City, State and Federal rules, ordinances, laws and regulations. Failure to obey the rules and regulations will • result in cancellation of the permit. Additionally, you may be asked to leave the facility and/or be subject to legal action. Food and drinks are prohibited in the gymnasium. The person or organization to whom the permit is issued assumes all responsibility for use of the facility. Permits cannot be transferred, assigned or sublet. The permit holder or their delegate must be in attendance at all times. Only City of Atascadero vehicles are allowed on Recreation Center grounds. You may park only in designated parking areas, including the time spent loading and unloading your vehicle. The rooms reserved exclusively for your activity are included on your permit. You may not use other rooms in the facility. The City has the right to assign a staff member to supervise the event. The City retains the right to prohibit excessively large audio equipment that may be considered a nuisance or disturbance to the surrounding community. Equipment that may cause power failure to the facility will be prohibited. Gambling is prohibited. Gambling is defined as: "giving of value for the possibility • of obtaining the operation of an element of chance." Commercial or profit-making activities are not allowed. You may not charge admission fees, sell products, or solicit donations without prior special approval by the Department Director or the assigned representative. 79 Smoking is prohibited within twenty feet of any entrances, exits, or operable windows. • Specific fire code regulations must be followed for candle usage. No open flames allowed. Please call the Reservation Office for further details. The display of banners and/or signs is prohibited. No confetti or glitter is permitted in or around the Recreation Center. No soliciting is allowed in or around the Recreation Center. The City of Atascadero is not responsible for accidents, injury, illness, or loss of group or individual property. Specific fire code regulations must be followed for candle usage. No open flames allowed. Call the Reservation Office for further details. Proof of insurance may be required, depending on the type of event. Anyone violating the established rules and regulations or constituting a public nuisance may be required to leave the facility and your deposit may be withheld. . Please do not offer gratuities to City employees as they have been instructed not to accept them. Clean-up Responsibility Policies -Community Center These guidelines will serve to highlight the responsibilities on the part of both Atascadero City staff and the user. STAFF The City of Atascdero does provide staffing for events. The primary function of the staff is to set-up all tables and chairs prior to an event and to remove all tables and chairs following an event. They will be responsible for light clean-up services only. A facility attendant(s) will remain on the premises for the span of the event. The attendant(s) will provide the user with guidance for all of the items listed below. They will also provide any clean-up materials to aid in cleaning, such as brooms, mops, and trash bags. USER The user bears the responsibility of leaving the facility in the same condition as it • was found. Failure to comply will lead to forfeiture of all or part of the permittee's damage deposit. Possible Check List if the $150 cleaning fee is not charged -IX In Order to ensure a full reimbursement of the damage deposit, the user must meet the following criteria: • ❑ Floors are swept and mopped (if necessary) and restored to the same conditions at the start of the event ❑ All bottles, cans, cups, etc, are removed from the premises and put in the proper recycling bin ❑ Tables and chairs wiped clean of food and beverage spills ❑ Any "wet spills" on floor mopped (wet spills must be addressed at the time they occur) ❑ Trash bagged and transferred to the designated area ❑ Kitchen area clean and cleared of any food or debris (Ballroom and Orchard Pavilion only) ❑ Wet bar area clean, including countertop (Ballroom only) ❑ Patio area clean, including the removal all cans, bottles, cups, etc Additionally, events must conclude at the time specified on the Reservation Contract. The City of Atascadero does not permit adding additional time to a function the day of the event. If for any reason time does exceed designated for clean up, the permittee's damage deposit will be forfeited and public safety may be dispatched. Before departing, it is of utmost importance that the user checks with the staff supervisor to ensure that the facility is in fact "clean." This will aid, however not guarantee, in insuring the entire amount of the damage deposit is reimbursed to the permitee. U al O C 7 L cu Q Q Q Q m m m m m m a- m m m m :C 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 09 0 0 0 0 0 = 00 0 o ;: N *- N m -:i Ln m I- 66 0 0 O T T T T S cc 0 0 0 0 O O O O O O O 0 0 o O y0 0 0 0 0 o o 0 0 o 0 o 0 o 0 d 00 0 0 N r N &i 4 Li C6 I� OJ 0 O • • • • N<Q<Q����������� O O O O O O O O O O O O O O O T O O O O O O O O O O O O O O O V m O N r N m 4 In 0 I-- w 0 0 A\ T T T r A M 2 2 2 2 2 2 2 2 2 2 2 2E 2 w<QQQCLa_0-a_CLa-a_a_0-CLI. O O O O O O O O O O O O O O O iO O O O O O O O O O O O O O O 00 m O T N T N c) .4L r) CO r� 00 O) O T W- Q Q¢ m m m m m a IL M m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 00 of o r r r N M � 0 Co r-- CO ai o _ T T •L U- 84 A 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 ca Q Q Q¢ m m m m m a- m m m m m A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06 6i o r N r N C6 4 Lli CO r� cU 6i o T T T T • • • • • 000Q��� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O O �-- N r N M"':t In O r- N O O T T T T V/ k F� y.. Colony Park Community Center Complex Event Host Checklist Before Event Staff Name: Time: o Room(s) to be used: Are they clean? Floors, windows, kitchenettes, mirrors, etc. o Set-up event according to map provided. If the room is already set-up, double check it against the map. o Lobby: Is it clean? Floor vacuumed, windows & mirrors cleaned, furniture dusted, etc. o Front entry: Has it been swept, are cobwebs clear, ashtrays emptied, etc. o Restrooms: Are they clean? Floors, mirrors, counters, toilets. o Are they stocked? Toilet paper, seat covers, soap, paper towels, etc. o Put out mats & unlock doors. o Kitchen: Do they have it reserved? If so, make sure Concessionaire is not in the kitchen o Is it clean? Counters wiped down, nothing in the refrigerator/freezer, etc. o Unlock gate to park, kitchen gate and kitchen door. o What time is the event scheduled for? If it's an evening event, turn on the party lights. o Equipment: Do they have any equipment reserved? If so, make sure it is set-up accordingly. o Are they using the P/A System? If so, TEST IT FIRST to make sure the volume is set at an appropriate level. Staff initial when above duties are complete. During Event Staff Name: Time: o Kitchen: Check with kitchen staff to make sure they have trash bags. o CHECK KITCHEN BEFORE CATERER LEAVES (most caterers leave immediately following dinner). o If caterer leaves the kitchen dirty, make sure to write it on the conduct report before the renter signs it. If staff fails to do this, they are responsible for cleaning it. o Restrooms: Check them EVERY hour for cleanliness and supplies, etc. o If there is a mess, put out the caution sign, and QUICKLY clean it up. o Check outside periodically for trash, ashtrays, loiterers, etc.. • • • o Security: Check the event sheet to see if security will be arriving. Check in with them as soon as they arrive. If you have a problem with the security guard or company, please mark it on the conduct report. o Security -guards may not leave until ALL guests and the renter have left. Staff initial when above duties are complete. After Event Staff Name: Time: o Kitchen: CHECK KITCHEN BEFORE CATERER LEAVES! o Make sure renter has removed everything they have brought in. o Check all rooms for damage, indicate any damage on conduct report. o Walk around the facility and check EVERYTHING (especially kitchen & BBQ area) BEFORE having the renter sign the conduct report (if you have them sign before you do the walk through and find damages after the fact, we cannot collect for them). o Make sure everyone has left the building (double check all rooms, especially the bathroom). o Equipment: Return all rental equipment to its proper location, and turn off P/A system. o Bring in mats, lock all doors, and complete FINISH. Staff initial when above duties are complete. Is there a cleaning service coming in after this event? (circle one) Yes No If not, do the following: o Empty trash o Clean rooms used: Sweep, mop, kitchenettes, vacuum lobby, etc. o Clean restrooms: Clean toilets, counters, sinks, floors, mirrors, etc. Restock supplies. Staff initial when above duties are complete. Kitchen Checklist NOTE: If the following areas are not cleaned by the caterer or renter, and the staff lets the leave... it is the staffs responsibility to make sure they are complete before they leave. Area Specifics Initial Dishwasher Interior screens cleaned of food debris, turned off, water supply to sprayer turned off. Cupboards Wiped down, nos ills ors lashes. Walls Wiped down, nos ills ors lashes. Stove/Griddle Top of stove wiped down, griddle cleaned with a screen or grill brick (if used), grease trap on griddle dumped (if used). Oven Wiped down, no spills ors lashes. Stovebacks lash Wiped down, nos lashes. Sinks Cleaned and sanitized, no food debris left in sink. Steam wells Emptied of water (if used), cleaned, no food debris. Counter tops Cleaned and sanitized. Floors Swept and mopped. Back enclosure No trash or recyclables left in enclosure, kitchen mats stacked neatly. • • • Colony park Community Center Complex Non- Profit Rental Rates (Proposed) Room Capacity Time Frame Rate Dance Room Mon - Fri $30.00/hr Dance Room Sat - Sun $40.00/hr Exercise Room Mon - Fri $25.00/hr Exercise Room Sat - Sun $35.00/hr Fitness* (Dance and Exercise Rooms Combined) Mon - Fri $55.00/hr Fitness * (Dance and Exercise Rooms Combined) Sat - Sun $80.00/hr Conference Room Mon - Fri $20.00/hr Conference Room Sat - Sun $25.00/hr Kitchen and Cafe Mon - Fri $40.00/hr Kitchen and Cafe Sat - Sun $50.00/hr Gymnasium Mon - Fri $50.00/hr Gymnasium Sat - Sun $50.00/hr Teen Center Mon - Fri $ Teen Center Sat - Sun $ Arts and Crafts Room Mon - Fri $20.00/hr Arts and Crafts Room Sat - Sun $35.00/hr Reservation Deposit: 50% of the Total Estimated Due All bookings require a 50% Non -Refundable reservation deposit and a completed application to hold the date. This amount will be applied to the total amount due. Cancellations will forfeit the reservation deposit. Security Deposit: $250 All special events require a $250 security deposit (refundable after event if no damages/extra charges apply) Cleaning Fee: $150 (applied at the discretion of the coordinator) All special events where food and/or beverages are served will be charged a mandatory $150 cleaning fee. Please see the application for more information on cleaning. Eauipment Rental: Scoreboard TV/DVD PA System Microphones Sports Equipment Wireless Internet Coffee Pots Bleachers Stage Electronic or Portable screen Podium -O Colony Park Community Center Teen Lounge Basic Rules Teen Center: • No sitting on the pool tables • No playing/ spinning the pool sticks • Drinks shall be kept in "drink holders" never on the pool table • Pool sticks must be put back on the rack after game is over • Walk, don't run • Do not slam pool stick on the metal floor plates • Keep the "puck" on the air hockey table • Ping pong must stay on the table • Respect the ping pong table and paddles • Respect the PlayStation units • Only Rec Leaders are authorized in the cabinets at all times • Teens must pick up their own trash & spills • No sunflower seeds allowed!! • No music with profanity • Music with profanity will be taken away and not returned • Only staff is authorized to operate the television, DVD player, or surround sound system. • One set of lights must be on at all times • No horse playing • No physical contact is allowed at any time!!! • No standing on the chairs • Grades 7-12 only, unless for private event. Gymnasium: • Leave basketball hoops in designated area • No food or drink allowed in the gymnasium • Only the Rec. Leader should use the PA system and scoreboards • Return all equipment to its designated area In general: • No transporting teens anywhere! ! • Staff may not loan money to teens s� C7 • Sunflower seeds and lollypops are not allowed • No profanity allowed (No Exceptions!) • 91 TEEN& We build strong kids, strong families, strong communities. Atascadero Youth Center Program Options YMCA Program Focus To increase the Developmental Assets each child experiences and develops to build their resiliency and promote positive attitudes and behaviors and help protect them from problem behaviors. Regardless of specific topic or activity, this is the core focus of the program. External Assets Through its programs the Y works to serve as a resource for youth, providing many of the External Assets a child needs outside the home. Y programs are structured constructively to support and empower youth while also charging the youth with expectations and boundaries. internal Assets Character counts. The foundation of the Y's program in working with youth to develop and strengthen their Internal Assets, is through the Six Pillars of Character. All Y programs work to instill the concepts and practice the pillars of Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship. • YMCA's Purpose & Experience • The YMCA's mission is to develop the total person - spirit, mind and body - through value -based programs that build strong kids, strong families, and strong communities. With more than 150 years of experience, the YMCA knows that this mission is achieved one person at a time in our communities. We all need a place to belong, a place where we genuinely care about one another, share in decisions, treat each other with respect and pull together for a common cause - regardless of ability, income, background or belief. With this the spirit, mind and body can be in balance. The San Luis Obispo County YMCA is at work to do just this, we're working with communities such as Atascadero, together, to build strong kids, strong families and strong communities. The San Luis Obispo County YMCA has been serving this county for 50 years, providing programs in education, fitness and character building. The Y Teen X-Treme program is offered for Middle School Students primarily on Middle School Campuses. Food, games, sports, projects, art, community service and leadership development are all intertwined in this after school school -year program Currently the YMCA also offers a Y Teen X Treme at the Pismo Teen Beach House and for the Paso Parks and Recreation in the newly renovated Teen Room at Centennial Park. As part of several programs targeted to San Miguel families, the also YMCA operates the San Miguel Gymnasium. Several programs serving teens in addition to youth and their families are offered. Additionally, we operate High Adventures Camp at Centennial Park each summer for teens. This daily program focuses on leadership and teamwork with activities ranging from service learning projects and educational programs (such as a trip to Monterey Bay Aquarium) to those of pure fun (highlighted by a trip to Magic Mountain). • 92 • On a County -wide basis Expedition Camps for Teens are also offered through the summer and on weekends. These programs, as their name suggests, are geared at helping youth experience life beyond their familiar communities. Expeditions may lead to discoveries on Santa Cruise Island, in the High Sierra's, exploring the coast or experiencing the delight of campfires. Five Options For YMCA Work With The Community Of Atascadero Option 1: The San Luis Obispo YMCA responds to a RFP to operate the 'Teen Center' (under the parameters of the 'scope of work' defined in the RFP). • City Determines Scope Of Work Essentially, the City determines the nature of the programming offered by the agency and each agency would respond with a proposal for programming. • Selects Contractor To Provide Program The YMCA successfully operates a program similar to this partnership with the City of Paso Robles , the Centennial Park Project. The project began after the City of • Provides Financial Paso Robles determined what was in the best interest of the youth and citizens of Underwriting From Its the community. The City then sought assistance from the YMCA to offer the General Fund. programming. The funding for the operation comes from the City's General Fund. Adjustments to the operations have occurred overtime as not only the relationship with the Recreation Department evolved; but as the after-school offerings at the Middle School changed. The YMCA initiated the conversations and the changes that adapted to the new circumstances. Option 2: Should the City not be in a position to fund the program through its General Fund or be unable to secure grant funding, programs could still be offered. On a monthly YMCA Offers A Series Of dues basis ,specialized club programming would be provided. Clubs such as this Clubs For Teens That Require can generate the revenue needed to support the operations. Registration And Monthly Dues Specializing Clubs not only captures the teens' interests but demonstrates to the parents a value. Parents need a perception of 'value' in order to be motivated to offer financial resources. Examples of specialized clubs that could meet and be housed at the "Youth Center" are: Hot Rod Club (teens would learn about building hot rods, meet with hot rod owners and ultimately could build a hot rod as a team), Modeling Club (teens would learn about carriage, runway techniques as well as photography, hygiene and cosmetics:), Engineers Club (teens would enter competitions, visit Cal Poly and practice the trade on computers). Option 3: It would be impossible to describe the nature of the program operated with grant funds as these funds have specific purposes and perimeters under which the YMCA Identifies A Grant program operates. Government grantors and Private foundations oftentimes Source That Provides The subscribe to a specific focus. Occasionally, they target specific sub populations Funding Necessary To Deliver leaving much of the rest of the population out of the opportunity. Regularly, there Programming For Teens is a specific agenda that is to be promoted depending on the funding source. Within The Criteria Of The Some of these agenda's likely will not be conducive to delivery from a public facility Grant With The Permission Of or perhaps in line with the community's value. The City. Continued next page. al 91 • 0 • The grant process is lengthy and time consuming. Additionally grant funding is limited, and may be for only one year. Sustaining a grant -funded program can be extremely difficult and usually falls to option 1 or 2 after it has "proven itself." If this option is to be exercised, it needs to begin well before the proposed start up date as the process of grant application; review and contract offer is a lengthy one. Option 4: Unlike the club program where the participants would be an on-going client base, classes likely would be offered in 4 and 6 week segments. Beginning, YMCA Offers Fee For Service intermediate and advanced options can provide for some retention of interest. Classes, Programs And Sports programming would likely be seasonal in nature. Tournaments, Events At The Youth Center competitions and concerts would require marketing over and over as each Targeting Teens. Programs event/opportunity arises. Could Include `locational Education, Recreation, This format provides for a fee for service income stream that may cover the full Sports, Concerts, Seminars, costs of the operations. Those participants, who are unable to pay, would qualify Competitions, Tournaments for financial assistance from the YMCA and or the City scholarship fund. The And Other Programs Of YMCA would need City and Community support to underwrite operational costs Stated Interest By The Teens. not covered by participants. Option 5: Creating "business" enterprises that are closely linked to the operation is a recent phenomenon in the Not -for -Profit world. Many have been quite successful in YMCA Operates The Snack linking those efforts to their mission as well as funding a programming base that Bar With The Proceeds lacks adequate revenue. The YMCA would propose that the teens work in the Funding The Drop In/Drop By snack bar, generating the needed revenue to operate their teen center under the Programming. supervision of YMCA staff. This opportunity would offerjob training as well as develop a sense of ownership of the teen center. This 'ownership' would likely lower the incidents of vandalism. Under this option, the drop in program would be open and commensurate with the efforts of the teens providing a source of motivation to not only work; but promote it to their peers. It is uncertain what revenues could be generated and therefore what level of programming this option could support. 91 • 0 • r Atascadero City Council Staff Report —City Manager's Office ITEM NUMBER: B - 3 DATE: 03/27/07 Amendment to the City of Atascadero Contract vrith the California Public Employees' Retirement System (CaIPERS) (Request for authorization to amend the contract formula with Ca/Pers from 2% @ 55 to 2.5% @ 55 for non -safety members.) RECOMMENDATIONS: Council: 1. Adopt the Draft Resolution of Intention to amend the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System (PERS); and, 2. Introduce for first reading by title only, the Draft Ordinance of the City Council of the City of Atascadero authorizing an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. DISCUSSION: On June 28, 2005 the City Council approved a new two year Memorandum of Understanding (MOU) with the Local 620 Service Employees International Union Atascadero Chapter (SEIU) and with the Mid -Managers and Professional Employees Association. These bargaining units represent most of the City's miscellaneous members. The MOU's included provisions to amend the PERS contract from the current 2% @ 55 formula to the 2.5% @ 55 formula (Section 21354.4). This amendment would apply to all non -safety members (all personnel not working for the Police or Fire Departments). The enhanced pension was agreed to in exchange for reduced raises over the four-year term of the agreement and removal of a "me too" clause that granted both associations the same benefits negotiated by the other unions. 40 The first step in the process to amend the City's Agreement with CaIPERS is to adopt a Resolution of Intention (Attachment A). 95 ITEM NUMBER: B - 3 DATE: 03/27/07 The ordinance which is required by CaIPERS to amend the contract is also attached (Attachment B). Benefits are expected to go into effect by July 1, 2007. 10 FISCAL IMPACT: The cost of the PERS pension system is divided into an employee share and an employer share. The employee share (cost) for the current PERS plan is 7% of salary. This amcunt is currently paid by the City. The employee share changes to 8% of salary under the 2.5% @ 55 plan. As part of the MOU, the miscellaneous employees agreed to pay the additional employee cost of 1%. The employer share of the cost will increase by 2.153% of salary. As part of the MOU, the employees agreed to share this additional cost by contributing 1.15% of salary, thus the cost of the new program to the City will be 1% of miscellaneous salaries. This is anticipated to be approximately $25,000 in 2007-08. This additional amount may increase or decrease annually depending on certain factors, especially the performance of the PERS investment portfolio. This cost will be included in the budget. ATTACHMENTS: Attachment A: Draft Resolution of Intention and Amendment to Contract Attachment B: Draft Ordinance 0 • • DRAFT RESOLUTION A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, TO APPROVE AN AMENDMENT EFFECTIVE JULY 19 2007 TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), AND THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and 0 WHEREAS, the following is a statement of the proposed change: To provide Section 21354.4 (2.5% at Age 55 Full Formula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that it does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as "Exhibit" and by this reference made a part hereof. • 97 On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: is Patrick L. Enright, City Attorney 0 c,ivtres California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Atascadero The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29, 1992, December 26, 1997, July 3, 1999, June 23, 2001, July 13, 2002 and July 10, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 10, 2004, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public • Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. PLEASE DO NOT SIGN "EXHIBIT ONLY" • 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be . determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 100 • ;LEASE DO NOT SIGN "EXHIBIT ONLY" 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance) for local miscellaneous members only. C. Section 21024 (Military Service Credit as Public Service). d. Section 20903 (Two Years Additional Service Credit). e. Section 20042 (One -Year Final Compensation). f. Section 20965 (Credit for Unused Sick Leave) for local safety members only. 10. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one • installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 101 C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employe and the Board. B. This amendment shall be effect✓\fhe day of BOARD OF ADMINISTRATION `�� CITY COUNCIL PUBLIC EMPLOYEES' R ENT SYSTEM CITY OF ATASCADERO \ BY �0" BY LORI MC AND, CHIEF PRESIDING OFFICER EMP SERVICES DIVISION PUBL�EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 1248 PERS-CON-702A (Rev. 10\05) 102 • • DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENENT SYSTEM (PERS) The City Council of the City of Atascadero does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Atascadero is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption and • thenceforth and thereafter the same shall be in full force and effect. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. • 103 INTRODUCED at a regular meeting of the City Council held on , and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: 0 AYES: NOES: ABSTAIN: ABSENT: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: As Patrick L. Enright, City Attorney • 104 0 e,. Afk,'-- CaIPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Atascadero 401 • The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29, 1992, December 26, 1997, July 3, 1999, June 23, 2001, July 13, 2002 and July 10, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 10, 2004, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 105 PLEASE DO NOT SIGN "EXHIBIT ONLY" • 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former • Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 0 106 • PLEASE DO NOT SIGN "EXHIBIT ONLY" 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance) for local miscellaneous members only. C. Section 21024 (Military Service Credit as Public Service). d. Section 20903 (Two Years Additional Service Credit). e. Section 20042 (One -Year Final Compensation). f. Section 20965 (Credit for Unused Sick Leave) for local safety members only. 10. Public Agency, in accordance with Government Code Section 20834, shall • not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 107 C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effec. 40he day of , BOARD OF ADMINISTRATION \Iz CITY COUNCIL PUBLIC EMPLOYEES' R ENT SYSTEM CITY OF ATASCADERO BY BY LORI MC AND, CHIEF PRESIDING OFFICER EMP SERVICES DIVISION 0*K5 PUBLVC�'EMPLOYEES' RETIREMENT SYSTEM Witness Date O� S Attest: Q®� pL AMENDMENT ER# 1248 PERS-CON-702A (Rev. 10105) 1: Clerk • •