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HomeMy WebLinkAbout022211 - Agenda Packet 022211 ARCHIVE COPY CITY CLERK {iris n is 9i� CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, February 22, 2011 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:30 P.M. 1. CLOSED SESSION SION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6) Agency designated representatives: Wade McKinney, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Sturtevant 1 ROLL CALL: Mayor O'Malley Mayor Pro Tem Kelley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. "Path to a Home — 10-Year Plan Progress" by Patricia Gomez, Director, Homeless Services Oversight Council 2. Update on Historic City Hall Interior Finishes — by Stephanie Kingsnorth, Pfeiffer Partners 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. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes — January 25, 2011 ■ Recommendation: Council approve the City Council Meeting Draft Action Minutes of January 25, 2011. [City Clerk] 2. Annual Review of Investment Policy & Approval of Amendments ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution amending and adopting the City of Atascadero Investment Policy. [Administrative Services] 3. Historic City Hall Project Bid Awards: ACH-02 Penthouse Demolition ■ Fiscal Impact: $141,300 for the ACH-02 Penthouse Demolition services for the Historic City Hall Project. ■ Recommendation: Council award bid to, and authorize the City Manager to execute a contract with, Marcor Environmental in the amount of $141,300 for the ACH-02 Penthouse Demolition services for the Historic City Hall Project. [Administrative Services] 2 4. Alcoholic Beverage Control (ABC) License To Serve Beer and Wine - PLN 2011-1394 / ABC 2011-0010 - 5990 Entrada (Vino Therapy Studio / W son ■ Description: Request to allow an Alcoholic Beverage Control license for the on-site sale of beer and wine at a new spa in the downtown. • Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 ABC license for the on-site sale of beer and wine at a new day spa "Vino Therapy Studio" at 5990 Entrada. [Community Development] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) 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 three 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.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. 2011 Community Development Block Grants Funding Recomendations ■ Fiscal Impact: Available funds are estimated at $202,000 for the 2011 cycle. ■ Recommendation: Council review, and approve funding recommendations for the 2011 Community Development Block Grant (CDBG) program as shown below and approve adjustment of awards on a proportional basis upon final receipt of the 2011 funding allocation from the Department of Housing and Urban Development (HUD). [Public Works] 2. Transit Center Design Update ■ Fiscal Impact: The total cost of this project is $825,000, to be funded from Proposition 1 B funds and Public Transportation, Improvement and Service Enhancement Account (PTMISEA) Grant funds through SLOCOG, with potential contributions from the Redevelopment Agency. ■ Recommendation: Council receive for informational purposes the conceptual drawings and provide any input as to additions or modifications to the design. [Public Works] 3 3. Resolution in Opposition to the Governor's Proposal to Abolish Redevelopment Agencies in California ■ Fiscal Impact: None. The abolishment of our Redevelopment Agency would eliminate the Agency's General Fund, which is currently $1,978,120. ■ Recommendation: Council adopt the Draft Resolution, in opposition to the Governor's proposal to abolish redevelopment agencies in California. [City Manager] 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.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City/ Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. League of California Cities — CITIPAC Board Member 5. SLO Council of Governments (SLOCOG) 6. SLO Regional Transit Authority (SLORTA) Mayor Pro Tem Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. City of Atascadero Design Review Committee 4. City of Atascadero Finance Committee 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City/ Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison 4 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, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the February 22, 2011 Regular Session of the Atascadero City Council was posted on February 15, 2011, 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 15th day of February, 2011, at Atascadero, California. r: Victoria Randall, 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 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held 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 Front Counter of City Hall, 6907 EI Camino Real, Atascadero, 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 videotaped and audio 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 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 approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 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 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 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 lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (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 3 minutes 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. Digital presentations must be brought to the meeting on a USB drive or CD. 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. 6 ITEM NUMBER: A- 1 DATE: 02/22/11 JOE CITY OF A TA SCA DERO CITY COUNCIL ®RAFT" MINUTES Tuesday, January 25, 2011 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California 6:00 P.M. City Council: 6:00 P.M. Public Financing Authority: Immediately following the City Council meeting REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor O'Malley called the meeting to order at 6:01 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Fonzi, Kelley, Sturtevant and Mayor O'Malley Absent: None Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson Staff Present: Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Acting Police Chief Steve Gesell, and City Attorney Brian Pierik. CC Draft Minutes of 1/25/11 Page 1 of 7 7 ITEM NUMBER: A- 1 DATE: 02/22/11 APPROVAL OF AGENDA: Roll Call MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to approve the agenda. Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: 1. City Council Special Meeting Draft Action Minutes — December 28, 2010 ■ Recommendation: Council approve the City Council Meeting Draft Action Minutes of December 28, 2010. [City Clerk] 2. CitV Council / CommunitV Redevelopment AgencV Special Joint Meeting Draft Action Minutes — December 28, 2010 ■ Recommendation: Council approve the City Council / Community Redevelopment Agency Special Joint Meeting Draft Action Minutes of December 28, 2010. [City Clerk] 3. November 2010 Accounts Payable and Payroll ■ Fiscal Impact: $1 ,769,795.67. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2010. [Administrative Services] Item #A-1: City Clerk Torgerson stated that she has amended the minutes by completing the motion for the Appointment of Mayor Pro Tem that she accidently omitted. MOTION: By Mayor Pro Tem Kelley and seconded by Council Member Clay to approve the Consent Calendar, including the amended minutes in #A-1. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: Assistant City Manager Jim Lewis gave an update on projects and issues within the City. CC Draft Minutes of 1/25/11 Page 2 of 7 8 ITEM NUMBER: A- 1 DATE: 02/22/11 COMMUNITY FORUM: The following citizens spoke during Community Forum: Terry Mathis, Joan O'Keefe, Mike Brennler (Exhibit A), Jim Wilkins, Lee Perkins, and Tom Comar. Mayor O'Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. PLN 2009-1328 / GPA 2009-0025 - Adoption of 2007 - 2014 Housing Element - General Plan Land Use Element & Land Use Diagram Update - ZCH 2010-0162 Zoning Code & Zoning Map Update (City of Atascadero) ■ Ex Parte Communications: ■ Fiscal Impact: There is no fiscal impact in adopting the Housing Element; however, implementation of related programs in the future will result in yet undetermined costs to the City. ■ Recommendations: Planning Commission Recommends Council: 1 . Adopt Resolution A, certifying Proposed Negative Declaration 2010- 0005; and, 2. Adopt Resolution B, adopting the Atascadero 2007-2014 Housing Element (PLN 2009-1328/ GPA 2009-0025) based on findings; and, 3. Adopt Resolution C, approving a General Plan Land Use Element Update and General Plan Land Use Diagram Update (PLN 2009- 1328/ GPA 2009-0025) to allow a minimum density of 20 units per acre in the High Density Residential Land Use Designation; and, 4. Introduce Draft Ordinance A for first reading, by title only, to approve Zoning Code Updates (PLN 2009-1328/ ZCH 2010-0162) to change RMF-16 to RMF-20 and update Zoning Ordinance definitions related to housing, based on findings; and, 5. Introduce Draft Ordinance B for first reading, by title only, to approve Zoning Map Update (PLN 2009-1328/ ZCH 2010-0162) to change RMF-16 to RMF-20, based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. Consultant Lisa Wise and Steve Devencenzi of the San Luis Obispo Council of Governments also answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Mike Brennler Mayor O'Malley closed the Public Comment period. CC Draft Minutes of 1/25/11 Page 3 of 7 0 ITEM NUMBER: A- 1 DATE: 02/22/11 MOTION: By Mayor Pro Tem Kelley and seconded by Council Member Fonzi to: 1. Adopt Resolution A, certifying Proposed Negative Declaration 2010-0005; and, 2. Adopt Resolution B, adopting the Atascadero 2007-2014 Housing Element (PLN 2009-1328/ GPA 2009-0025) based on findings; and, 3. Adopt Resolution C, approving a General Plan Land Use Element Update and General Plan Land Use Diagram Update (PLN 2009-1328/ GPA 2009-0025) to allow a minimum density of 20 units per acre in the High Density Residential Land Use Designation, including the following amendments: to omit the word "attached," and to make the maximum density 20, instead of 16; and, 4. Introduce Draft Ordinance A for first reading, by title only, to approve Zoning Code Updates (PLN 2009-1328/ ZCH 2010-0162) to change RMF-16 to RMF-20 and update Zoning Ordinance definitions related to housing, based on findings, including the following amendments: it is a maximum density of 20 residential units per acre, and to make the maximum density 20, instead of 16; and, 5. Introduce Draft Ordinance B for first reading, by title only, to approve Zoning Map Update (PLN 2009-1328/ ZCH 2010- 0162) to change RMF-16 to RMF-20, based on findings, including the following amendment: to make the maximum density 20, instead of 16 . Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2011- 003, #2: Resolution No. 2011-004, #3: Resolution No. 2011-005) C. MANAGEMENT REPORTS: 1. Transit / North County Shuttle Update ■ Fiscal Impact: Potential decreases in fare box revenue may require modification to the City's transit system. ■ Recommendations: Council receive the information and provide staff with any direction deemed appropriate. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: None CC Draft Minutes of 1/25/11 Page 4 of 7 10 ITEM NUMBER: A- 1 DATE: 02/22/11 There was Council consensus to have staff write a letter to SLOCOG and RTA, to be signed by the Council, stating that we would like RTA to avoid duplication of service, and Atascadero would like to continue the local transit route. Mayor O'Malley recessed the meeting at 8:10 p.m. Mayor O'Malley reconvened the meeting at 8:25 p.m. 2. Strategic Planning 2011 — Community Development and Economic Development Issues ■ Fiscal Impact: Many of the programs and options discussed in this report have a monetary or staff resource cost. Based on Council direction, staff will address these costs in the draft 2011-13 City budget. ■ Recommendation: Council review this staff report and provide direction to staff. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. Suggestions from Council of issues needing to be discussed: • Hot spots o EI Camino Real & Del Rio o K-Mart corner • Auto dealer recruitment • Hotel recruitment • Business assistance • Commercial tourism areas (Highway 41) • Gateway to the wine country • Review fence heights • Remove the height restriction on EI Camino Real between Traffic Way and West Mall • Limits on improvement requirements for CUPs • Smoke shops — restrict uses • Re-prioritize tourism Asset Development (page 253 of report) • Rent controls for mobile homes • Re-negotiate tax split with County for Eagle Ranch o Mayor O'Malley directed Council Member Fonzi to work with staff on LAFCO involvement with the annexation of Eagle Ranch. CC Draft Minutes of 1/25/11 Page 5 of 7 ITEM NUMBER: A- 1 DATE: 02/22/11 PUBLIC COMMENT: The following citizens spoke on this item: Bill Shaffer, Len Colamarino, Chuck Ward, Lisa Knudsen, Bill Shaffer, and Susan Warren. Mayor O'Malley closed the Public Comment period. Council Member Clay left the meeting due to a personal emergency. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor O'Malley announced that he has appointed Roberta Fonzi and Bob Kelley as the Council appointees to the Design Review Committee, Chuck Ward and Christian Cooper as the Planning Commission appointees to the Design Review Committee, and Susan DeCarli as the member at large of the Design Review Committee. Mayor O'Malley also announced that he appointed Susan DeCarli to the Parks and Recreation Commission. Council Member Fonzi announced that the Air Pollution Control District (APCD) would like all cities to appoint an alternate for APCD meetings. Mayor O'Malley proposed appointing Council Member Sturtevant as the alternate. Mayor O'Malley asked the City Clerk to notify APCD. Mayor Pro Tem Kelley stated that he has been selected to serve on the Board of ECHO. D. COMMITTEE REPORTS: Mayor O'Malley County Mayors Round Table — Atascadero is hosting the next meeting on February 4th E. INDIVIDUAL DETERMINATION AND/ OR ACTION: City Manager a. Commissioner Attendance Reports CC Draft Minutes of 1/25/11 Page 6 of 7 12 ITEM NUMBER: A- 1 DATE: 02/22/11 F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 9:54 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/ Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A— Mike Brennler, City Manager Compensation Guidelines I CC Draft Minutes of 1/25/11 Rage 7 of 7 13 14 ITEM NUMBER: A-2 DATE: 02/22/11 /r qF7-R :vFr- :r. ^ r 1i is79 Atascadero City Council Staff Report - Administrative Services Department Annual Review of Investment Policy & Approval of Amendments RECOMMENDATION: Council adopt the Draft Resolution amending and adopting the City of Atascadero Investment Policy. DISCUSSION: In accordance with the Government Code and the City's current Investment Policy, the City Investment Policy should be reviewed annually by the City Council "to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends." As part of the annual review process, no substantive changes are being proposed; however, minor grammatical and spelling errors are being corrected. The Investment Policy provides guidelines for the prudent investment of funds, outlines policies for maximizing the efficiency of City's cash management system, protects pooled cash and ultimately enhances the economic status of the City. California Government Code defines the parameters within which City funds may be invested. The priorities of the Policy continue to be safety, liquidity, and yield. FISCAL IMPACT: None. ATTACHMENTS: 1 . Draft Resolution — Approving the City of Atascadero Investment Policy. 2. Draft City of Atascadero Investment Policy dated February 22, 2011 . 15 x> �r 16 Attachment 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING AND ADOPTING THE CITY OF ATASCADERO INVESTMENT POLICY WHEREAS, the City Council of the City of Atascadero desires to prudently invest idle funds of the City to maximize use of taxpayer funds; and, WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of local agencies or persons authorized to make investments decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard"; and, WHEREAS, the California Government Code Section 53646 requires all local agency governing boards to adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and, WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility for a period not to exceed one year but renewable annually, upon review; and, WHEREAS, the City of Atascadero Investment Policy requires its annual submittal to the City Council for adoption, and the policy was last revised and adopted in 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that the City of Atascadero Investment Policy, attached hereto, is adopted. SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Investment Policy. The Investment Policy hereby attached as Exhibit A shall become part of this resolution. SECTION 3. Effective Date. This resolution shall take effect immediately after the effective date of this Resolution, and shall remain in effect, until revised by the City Council. 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: 17 Attachment 1 AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torberson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney 18 Attachment 2 City of Atascadero Investment Policy Dated February 23, 2 2,2011 10 TABLE OF CONTENTS Paqe 1. OVERVIEW......................................................................................... 1 Introduction Scope General Objectives Standards of Care II. INVESTMENT AUTHORITY AND RESPONSIBILITIES................................ 4 Authorized Investment Officers Investment Procedures Internal Control State Oversight Conflicts of Interest III. ELIGIBLE FINANCIAL INSTITUTIONS..................................................... 6 Selection of Eligible Financial Institutions Safekeeping and Custody IV. AUTHORIZED INVESTMENTS.............................................................. 8 Investment Types Due Diligence Requirement Prohibited Investments Legislative Changes V. INVESTMENT PARAMETERS............................................................... 12 Diversification Maximum Maturities VI. CASH MANAGEMENT......................................................................... 13 VII. EVALUATION OF INVESTMENT PERFORMANCE................................... 14 Benchmark Comparison VIII. INVESTMENT REPORTING................................................................. 15 IX. INVESTMENT POLICY REVIEW AND ADOPTION................................... 16 X. APPENDIX Glossary................................................................................ Glossary-1 20 I. OVERVIEW INTRODUCTION The purpose of this document is to provide guidelines for the prudent investment of funds not required for the immediate needs of the City, and outline policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. SCOPE Included in the scope of the City's investment policy are the following major guidelines and practices, which are to be used in achieving the City's primary investment objectives: Investment Authority and Responsibilities Eligible Financial Institutions Authorized Investments Investment Parameters Cash Management Evaluation of Investment Performance Investment Reporting Investment Policy Review and Adoption It is intended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the Annual Financial Report and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds, including any Redevelopment Agency funds in the City's pooled cash funds. Subject to the prior written consent and approval of the City Treasurer and City Manager, financial assets held and invested by trustees or fiscal agents are excluded from this policy. However, such assets are nevertheless subject to the regulations established by the State of California pertaining to investments by local agencies as well as the related bond indentures. 21 I. OVERVIEW (continued) GENERAL OBJECTIVES The primary objectives of investment activities, in priority order, of iRvest. ent aGfivities shall be safety, liquidity, and yield: 1 . Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a. Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: • Limiting investments to the safest types of securities. • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business. • Diversifying the investment portfolio so that potential losses on individual securities will be minimized. b. Interest Rate Risk The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. • Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio will also be placed in money market mutual funds or local government investment pools, which offer same-day liquidity for short-term funds. 2 22 I. OVERVIEW (continued) GENERAL OBJECTIVES (continued) 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. For purposes of comparing alternative investments all yields should be converted to a "money market" equivalent yield. Securities shall not be sold prior to maturity with the following exceptions: a. A security with declining credit may be sold early to minimize loss of principal. b. A security swap would improve the quality, yield, or target duration in the portfolio. c. Liquidity needs of the portfolio require that the security be sold. d. A capital gain would be realized that better positions the overall portfolio in achieving investment policy goals. STANDARDS OF CARE The City operates its pooled idle cash investments under the "Prudent Person Rule" which obligates a fiduciary to ensure that investments shall be made: ii ...using the judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital" (Uniform Prudent Investor Act) Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. 3 23 it II. INVESTMENT AUTHORITY AND RESPONSIBILITIES AUTHORIZED INVESTMENT OFFICERS The ultimate responsibility for investment activity shall reside with the City Council. Idle cash management and investment transactions are the responsibility of the City Treasurer or designee. The City Council has authorized the following officials to undertake investment transactions on behalf of the City: City Treasurer City Manager Director of Administrative Services It is the policy of the City for the Director of Administrative Services to manage the investment activity of the funds of the City. The City Manager and the City Treasurer shall supervise the activities of the Director of Administrative Services. The Finance Review Committee,—, shall meet to discuss the status of current investments, strategies for future investment, and other investment matters deemed relevant, and shall report to the City Council as necessary. The City Attorney shall, as required by Government Code section 36518, review the bonding requirement for the City Treasurer on an annual basis. INVESTMENT PROCEDURES The authorized investment officers as stated above, in accordance with the City of Atascadero Investment Policy, are responsible for administering an investment program which: • Adheres to the Statement of Investment Policy • Prioritizes safety and liquidity • Determines risk and optimizes return • Provides for a system of due diligence in making investment decisions. INTERNAL CONTROL The Director of Administrative Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. 4 24 H. INVESTMENT AUTHORITY AND RESPONSIBILITIES (continued) INTERNAL CONTROL (continued) Accordingly, the Director of Administrative Services shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Control of collusion • Separation of transaction authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation of transactions for investments and wire transfers • Development of a wire transfer agreement with the lead bank and third party custodian STATE OVERSIGHT The City shall comply with the regulations established by the State of California pertaining to investments. CONFLICTS OF INTEREST The City adopts the following policy concerning conflicts of interest: 1 . Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. 2. Officers and employees involved in the investment process shall disclose to the City Clerk any material financial interest in financial institutions that conduct business with the City of Atascadero and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio. 3. Officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. 4. In making investment decisions, the Investment Officers shall be guided by the recommendations of the Ffinance Review GCommittee and avoid the undue influence of individual City officers and officials. 5. Investments are prohibited in certificates of deposit of state or federal credit unions if any city officer, city manager or city fiscal officer serves on the credit union board or in any key committee positions. 5 25 Ill. ELIGIBLE FINANCIAL INSTITUTIONS SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS All financial institutions and broker/dealers and safekeeping/custodial agents who desire to become qualified for investment transactions must provide the following documents (as appropriate) for annual review by the City Treasurer: • Audited financial statements • Proof of National Association of Securities Dealers (NASD) certification • Proof of state registration • Completed broker/dealer questionnaire • Certification of having read and understood and agreeing to comply with the City's investment policy. In selecting financial institutions for deposit or investment of funds, the authorized Investment Officers shall consider the credit-worthiness of the institution. • Deposits The City will only deposit funds with an institution that has a rating of at least "A" as assigned by an established rating service based on quarterly financial information provided by the Federal Reserve Board and the Federal Home Loan Bank Board (i.e., The Financial Directory). Ratings will be monitored on a quarterly basis and any downgrade in rating below "A" will be reported to the Finance Review Committee together with a recommendation for possible action. • Brokers/Dealer Investments must be purchased directly from the issuer, from an institution licensed by the state as a broker-dealer, from a member of a federally regulated securities exchange, or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. Broker/dealers shall be selected by creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of operation). • Safekeeping and Custodial Institutions Safekeeping and custodial institutions shall be selected on the basis of credit worthiness with a minimum of capitalization of $100,000,000 and at least 5 years of operation. Safekeeping and custodial institutions must be fiduciaries of the City and independent of any broker/dealers. All safekeeping and custodial arrangements shall require written agreements. All safekeeping and custodial agreements shall be reviewed by the City Treasurer and Director of Administrative Services and approved by the City Attorney prior to conducting any investment activities. From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such situations, a waiver to the above criteria may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by City Council in advance. 6 26 Ill. ELIGIBLE FINANCIAL INSTITUTIONS (continued) SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS (continued) The authorized Investment Officers will maintain a file of the broker/dealers and authorized safekeeping/custodial institutions with which it is currently doing business which will include the firm name, contact person, telephone number, and current audited financial statements. SAFEKEEPING AND CUSTODY All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. A third-party custodian as evidenced by safekeeping receipts will hold securities. 7 27 IV. AUTHORIZED INVESTMENTS INVESTMENT TYPES The California Government Code Sections 16429.1 and 53601 govern investment of City funds. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years unless the City Council has granted prior express authority. As previously stated, the City operates its investments under the prudent man rule (Civil Code Section 2261, et. seq.), except where more specifically restricted. This affords the City a broad spectrum of investments, so long as the investment is deemed prudent and is allowable under current legislation of the State of California (goverRmeRt-Government Code Section 53600, et. seq.) and applicable City trust agreements, if any. It should be noted that while the Government Code specifies the maximum percentage of the portfolio that may be held in each type of investment at any one time, fluctuations in the portfolio balance will prevent strict adherence to such restrictions. Therefore, percentage limitations shall apply to investments at the time of purchase. Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable: 1. State Treasurer's Local Agency Investment Fund (LAIF) Government Code Section 16429.1: The City may invest in the Local Agency Investment Fund. LAIF is a diversified investment pool administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in order to earn the maximum rate of return consistent with safe and prudent treasury management. The LAIF handbook including LAIF policies and restrictions shall be available in the City's Administrative Services Department. A thorough investigation of the pool is required on a continual basis. (See Due Diligence Requirement on page 10.) 2. U.S. Government Issues Government Code Sections 53601 (b) and (f): A maximum forty percent (40%) of the City's portfolio may be invested in U.S. government obligations, U.S. government agency obligations, and U.S. government instrumentality obligations, which have a liquid market with a readily determinable market value. 3. Bankers Acceptances Government Code Section 53601 (g): Up to forty percent (40%) of the City's portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial 8 28 IV. AUTHORIZED INVESTMENTS (continued) INVESTMENT TYPES (continued) 3. Bankers Acceptances (continued) bank, which are eligible for purchase by the Federal Reserve System, although no more than thirty percent (30%) of the portfolio may be invested in Bankers Acceptances with any one commercial bank. Additionally, the maturity periods cannot exceed 180 days. 4. Commercial Paper Government Code Section 53601 (h): A maximum of twenty five percent (25%) of the City's portfolio may be invested in highest tier (e.g. A-1 , P-1 , F-1 or D-1 or higher) commercial paper as rated by Moody's or Standard and Poor's rating service. Issuing corporations must be organized and operating in the United States, have in excess of $500 million total assets, and have at least an "A" rating (by Moody's or Standard and Poor's) on debt other than commercial paper. The maturity period cannot exceed 270 days. Purchases of eligible commercial paper may not exceed ten percent (10%) of the outstanding paper of an issuing corporation. 5. Certificates of Deposit and Passbook Savings Accounts Government Code Section 53601 (i): There is no limit ae-to the amount of the investment portfolio that may be deposited in certificates of deposit or passbook savings account. The minimum requirements for Certificate of Deposit investments shall be: • Investments and accrued interest shall never exceed the FDIC insurance limit in any one institution. • Qualified institutions must have a minimum equity ratio of 6% and a minimum capitalization of $10,000,000. Purchases of negotiable certificates of deposit, issued by a nationally or state- chartered bank or a state or federal association, or by a state licensed branch of a foreign bank, may not exceed 30 percent of the agency's surplus money, which may be invested pursuant to this section. Negotiable certificates of deposit may be purchased in the secondary market at a discounted but never at a premium, since the premium would not be FDIC insured. California law requires that public funds be collateralized by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. The collateralization requirement may be waived to the extent that funds are federally insured. For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis. 9 29 IV. AUTHORIZED INVESTMENTS (continued) INVESTMENT TYPES (continued) 6. Money Market Mutual Funds Government Code Section 53601 (1): Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec 80a-I et seq.) shall not exceed twenty percent (20%) of the agency's surplus money that may be invested pursuant to this section. The fund shall be managed by a registered or exempt investment advisor with not less than 5 years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($5,000,000). The fund shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. No more than ten percent (10%) of the agency's surplus funds may be invested in shares of beneficial interest of any one money market mutual fund DUE DILIGENCE REQUIREMENT As stated, a thorough investigation of an investment pool or mutual fund is required prior to investing and on a continual basis. At a minimum, the following information shall be reviewed annually for each pool and/or mutual fund: 1 . A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculations, how interest is distributed, and how gains and losses are treated. 3. A description of how these securities are safeguarded (including the settlement process), and how often these securities are priced and the program audited. 4. A description of who may invest in the program, how often, and the size of deposits and withdrawals. 5. A schedule for receiving statements and portfolio listings. 6. Whether reserves, retained earnings, etc. are utilized by the pool/fund. 7. A fee schedule, and when and how fees are assessed. 8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds. PROHIBITED INVESTMENTS The City of Atascadero shall not invest in any investment instrument/pool/fund unless specifically allowed under the "Investment Types" section of this policy. 10 30 IV. AUTHORIZED INVESTMENTS (continued) PROHIBITED INVESTMENTS (continued) The City of Atascadero shall comply with Government Code Section 53601.6 that states in pertinent part, "(a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or mortgage-derived interest-only strips. (b) A local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity." LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of Atascadero Investment Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Finance Review Committee, until the maturity date to avoid an unnecessary loss. 11 31 V. INVESTMENT PARAMETERS DIVERSIFICATION The investments shall be diversified by: • Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding Local Agency Investment Fund and U.S. Treasury securities), • Limiting investment in securities that have higher credit risks, • Investing in securities with varying maturities, and • Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LAIF), or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. MAXIMUM MATURITIES In order to minimize the impact of market risk, it is intended that all investments will be held to maturity. To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The City--Finance Review Committee shall meet to review weighted average maturity limitations (which often range from 90 days to 2 years), consistent with investment objectives and economic conditions. Investments may be sold prior to maturity for cash flow, appreciation purposes or in order to limit losses; however, no investment shall be made based solely on earnings anticipated from capital gains. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. 12 32 VI. CASH MANAGEMENT In order to obtain a reasonable return on public funds, the following cash management practice will be followed: 1 . Maintain maximum investment of all City funds not required to meet immediate cash flow needs. 2. Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 3. Maximize the City's cash flow through immediate deposit of all receipts, use of direct deposit when available, and appropriate timing of payment to vendersvendors. 4. Maximize cash flow information available through the use of only one operating bank account. 5. Daily cash flow management shall be the responsibility of the Director of Administrative Services in conjunction with the City Treasurer. IIS 13 33 VII. EVALUATION OF INVESTMENT PERFORMANCE The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. BENCHMARK COMPARISON The investment portfolio shall be structured to optimize the return given the risk constraints and cash flow needs. Investment performance shall be continually monitored and evaluated by the Finance Review Committee. Investment performance statistics and activity reports shall be generated on a monthly basis for presentation to the City Council. In evaluating the performance of the City's portfolio in complying with this policy, it is expected that yields on City investments will regularly meet or exceed the average return on a two-year U.S. Treasury Note. However, the Finance Review Committee for evaluation purposes considers a variance of .5% positive or negative from the benchmark reasonable. 14 34 VIII. INVESTMENT REPORTING REPORTS TO CITY COUNCIL The City Treasurer shall prepare and submit a quarterly investment report to the City Council. This report will include the following elements relative to the investments held at quarter-end. 1. Face value. 2. Security description. 3. Coupon rate. 4. Maturity date. 5. Investment rating. 6. Investment type. 7. Purchase date. 8. Cost of security. 9. Yield-to-Maturity 10. Estimated market value. 11 . Amortized premium/discount. 12. Unrealized Gain <Loss>. 13. Listing of investment by maturity. 14. Gains or Losses on the sale of securities not held to maturity. 15. Bank failures. 16. Investment ratings downgraded by Moody's or Standard and Poor's. 17. Statement relating the report to the Statement of Investment Policy. 18. Statement that there are sufficient funds to meet the next six months' obligations. 15 35 IX. INVESTMENT POLICY REVIEW AND ADOPTION The Statement of Investment Policy shall be submitted annually to the City Council for adoption. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council. 16 36 APPENDIX: Glossary The following is a glossary* of key investing terms, many of which appear in GFOA'S Sample Investment Policy. Accrued Interest - The accumulated interest duen n o a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., "1/4" of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Cash Sale/Purchase - A transaction that calls for delivery and payment of securities on the same day that the transaction is initiated. `This glossary has been adapted from an article, entitled "Investment terms for everyday use,"that appeared in the April 5, 1996, issue of Public Investor,GFOA's subscription investment newsletter. Glossary-1 37 tt�e s—AMe day that the traRsantien is initiate,;-. Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 365 days. Convexity - A measure of a bond's price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond's price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the "interest rate". Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Derivative Security - Financial instrument created from, or whose value depends upon, one or more underlying assets or indexes of asset values. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Glossary-2 38 Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." Interest Rate - See "Coupon Rate". Interest Rate Risk - The risk associated with declines or rises in interest rates that cause an investment in a fixed-income security to increase or decrease in value. Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: 1 . Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employers. 2. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities - Book-entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. Glossary-3 39 Internal Controls (continued) 5. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written confirmation of transactions for investments and wire transfers - Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping institution has a list of authorized signatures. 7. Development of a wire transfer agreement with the lead bank and third-party custodian - The designated official should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Liquidity - An asset that can be converted easily and quickly into cash. Local Government Investment Pool (LGIP) - An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market - The process whereby the book value or collateral value of P Y a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Glossary-4 40 Maturity - The date on which payment of afinancial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund's holdings, performance, management and general investment policy. 3. Have the fund's investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund's shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus that is updated and filed by the SEC annually. Mutual Fund Statistical Services - Companies that track and rate mutual funds, e.g., IBC/Donoghue, Lipper Analytical Services, and Morningstar. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets which includes securities, cash, and any accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) No Load Fund - A mutual fund that does not levy a sales charge on the purchase of its shares. Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," "coupon rate," or "interest rate." Glossary-5 41 Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "Ask price." Par - Face value or principal value of a bond, typically $1,000 per bond. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security's par value. Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Regular Way Delivery - Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (Repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Glossary-6 42 Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue that come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain period. (Price appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bilis are monitored closely in the money markets for signs of interest rate trends. Treasury Notes - Intermediate U.S. government debt securities with maturities of one to ten years and issued in denominations ranging from $1,000 to $1,000,000 or more. Treasury Bonds - Long-term U.S. government debt securities with maturities of ten years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. !Uniform Net Capital Rule - SEC Rule 15C3-1 outlining capital requirements for broker/dealers. Volatility - A degree of fluctuation in the price and valuation of securities. Glossary-7 �3 "Volatility Risk" Rating - A rating system to clearly indicate the level of volatility and other non-credit risks associated with securities and certain bond funds. The rating for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns ("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable market volatility risk ("ccc-" by S&P, W-10" by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All "when issued" transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security's current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. Glossary-8 44 ITEM NUMBER: A-3 DATE: 02/22/11 lei`s A � tape CAD Atascadero City Council Staff Report - Administrative Services Historic City Hall Project Bid Awards: ACEI-02 Penthouse Demolition RECOMMENDATION: Council award bid to, and authorize the City Manager to execute a contract with, Marcor Environmental in the amount of $141 ,300 for the ACH-02 Penthouse Demolition services for the Historic City Hall Project. DISCUSSION: Proiect The Penthouses are the four structures on the fourth floor of the Historic City Hall building that surround the Council Chambers. These structures include the Club Room, the kitchen, the fourth floor restrooms, the apartment, and the fourth floor storage area. They were built during the 1920's using sub-standard building methods. The Federal Emergency Management Agency (FEMA) and the State Historic Preservation Office (SHPO) have determined that these are non-historical elements of the Project and have given the City the appropriate historic clearance to demolish these structures. This bid, ACH 02 Penthouse Demolition, specifically for the demolition of the four e is p y Penthouses. Later during the course of the Project, however, two of these structures will be rebuilt and used to accommodate storage and restroom facilities for the refurbished Council Chambers. Bid Award The bidding process on ACH-02, Penthouse Demolition, is complete and ready to award. This bid package was released for bidding on November 2, 2010. It was posted on the City's web site, in the Atascadero News, and in twelve plan rooms. The bid consists of the complete demolition and removal of the Penthouses, removal and abatement of all associated hazardous materials, removal of the existing roof debris, and storage of fallen bricks. 45 Sixteen contractors attended the mandatory pre-bid walk-through that was held on November 30, 2010. Out of those sixteen firms, six submitted bids. Two of the six companies that submitted bids were local. Marcor Environmental out of Dublin, California, was the lowest responsive bidder with a bid of $141,300. The bid came in well under both the budgeted amount for this package and other bidders. Because there was a large range in the bids, representatives from Bernards contacted Marcor Environmental and were assured that they understood the scope of work and that they stood by their bid. Contractor Package budget Package bid Marcor Environmental $ 542,500 $141,300 All of this portion of the rehabilitation will fall under the "Other Funding" category, meaning it is 100% funded by the Redevelopment Agency. 46 FISCAL IMPACT: PROJECTEDFUNDING USES Architecture and engineering $ 5,030,000 Construction costs: ACH-3 Basement Wall and Floor Demolition (awarded 10/26/10) 178,000 ACH-4 Basement Electrical Demolition and Temporary Power Installation(awarded 10/26/10) 73,980 ACH-2 Penthouse Demolition and Hazardous 141,300 Remaining bid packages 24,076,520 Total construction costs 24,469,800 Construction management Bernards-Phase 1 (awarded 4/27/10) 765,443 Bernards-Phase 2(awarded 1/11/11) 2,876,560 Total construction management 3,642,003 General conditions,construction support,and permitting Pre-Construction activity 58,165 Deputy Inspection Services(awarded 1/11/11) 386,991 Hazardous Materials Investigation and Design (awarded 3/23/10) 84,528 Hazardous Materials Monitoring (awarded 1/11/11) 75,319 Other 914,417 Total testing, inpection,permitting and construction support 1,519,420 Contingency 5,032,300 TOTAL PROJECTED FUNDING USES $39,693,523 PROJECTED FUNDING SOURCES Expected FEMA funding $20,059,190 Expected CalEMA funding 6,686,400 California Cultural Historic Endowment Grant 2,000,000 Redevelopment 2010 Bond Funds 13,000,000 TOTAL PROJECTED FUNDING SOURCES $41,745,590 FUNDING SURPLUS $ 2,052,067 ATTACHMENT: Exhibit A —ACH-02 Bid Summary 47 48 Exhibit A City of A tascadero Office of the City Clerk Bid Summary TO: Public Works Lisa Cava,Deputy City(7 FROM: 1erk BID NO.: 2010-009 OPENED: 12121/2010 PROJECT: Historic City Hall Penthouse Demolition 6 Bids were received and opened today,as follows: Name of Bidder LUMP SUM BID MARCOR ENVIRONMENTAL $141300.00 ALLIED INDUSTRIES S216.000.00 APC CONTRACTORS S-100.0()0,00 .CENTRAL COAST CASUALTY 5400,938,00 WYSONG CONSTRUCTION S432,400.00 MILLER ENVIRONMENTAL S472,000.00 49 50 ITEM NUMBER: A-4 DATE: 2/22/11 191 1 �Y Y9791 scAno'a Atascaaero City Council Staff Report - Community Development Department Alcoholic Beverage Control (ABC) License To Serve Beer and Wine PLN 2011-1394 / ABC 2011-0010 5990 Entrada (Vino Therapy Studio / Wysong) (Request to allow an Alcoholic Beverage Control license for the on-site sale of beer and wine at a new spa in the downtown) RECOMMENDATION: Council adopt Draft Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 ABC license for the on-site sale of beer and wine at a new day spa "Vino Therapy Studio' at 5990 Entrada. DISCUSSION: The applicant has applied through the Department of Alcohol Beverage Control (ABC) for a Type 42 license for the on-site sale of beer and wine. The applicant will be opening a new day spa at 5990 Entrada and is proposing to serve wine to clients with their massage or spa treatment. A small bar counter will be installed in the reception area of the spa for clients to order a glass of wine before or after their appointment. The site is zoned (DC) Downtown Commercial and has a General Plan Land Use Designation of (D) Downtown. Wine tasting facilities and day spas are both identified as allowed uses in the Downtown Commercial zone. Analysis: ABC requires a letter of convenience from the City in order to issue a new beer and wine license at this location. Section 23958.4 of the Alcoholic Beverage Control Act requires the 51 ITEM NUMBER: A-4 DATE: 2/22/11 local governing body of the area to determine that the license will serve public convenience or necessity. This process is only required when it is found that "Undue Concentration" of liquor licenses exists within the area. In this case, the Department of Alcoholic Beverage Control (ABC) has identified that there is an undue concentration of liquor licenses within the area. The proposed site is located in census tract number 0125.02, which allows up to eleven (11) ABC licenses within the area without Council review. There are currently thirteen (13) licenses existing within the census tract, and therefore ABC requires a finding of public convenience or necessity from the local governing body (City Council) in order to issue a new license. The Atascadero Police Department has reviewed the proposed application has does not have any concerns or opposition regarding the issuance of an additional license at this location for the proposed business. FISCAL IMPACT: None. ATTACHMENTS: 1 . Location Map 2. Draft Resolution A 52 Attachment 1 Attachment 1: Location Map: 5990 Entrada CrJi C24- Ow ^ra � ' �11-U17 . r a n" 4 yrj,,�.L��lf4�4p1�d j'� ^ d1U�r�ij Y 4�y'gy'y1 )1 t4l 5yy yurArr�:t4^.r�1 - "` -sip sli t r V. .�.,, F 3 1191 t c C1e[Lr b r .. e5 3 27 f 49 �] s r, t '.. 53 54 Attachment 2 Attachment 2: Resolution A DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE WILL BE SERVED BY ALLOWING THE ISSUANCE OF A TYPE 42 ABC LICENSE AT 5990 ENTRADA ON APN 029-342-009 (Vino Therapy Studio / Wysong) WHEREAS, an application has been received from Larry Wysong of Vino Therapy (9140 Harvest Way, Atascadero CA 93422) Property Owner and Applicant, to request that the Council make a finding or public convenience or necessity to allow the department of Alcoholic Beverage Control to issue a Type 42 license for on-site sale of beer and wine at a spa at 5990 Entrada, (APN 029-342-009); and, WHEREAS, the site's current General Plan Designation is D (Downtown); and, WHEREAS, the site's current Zoning Designation is DC (Downtown Commercial); and, WHEREAS, the Atascadero Police Department has reviewed the requested Type 42 on-sale beer and wine license and does not believe it presents any public safety concerns, and, WHEREAS, the City Council has determined that public convenience or necessity will be served by the issuance of a Type 42 on-sale beer and wine license for a new beer and wine bar at 5990 Entrada; and, WHEREAS, the City Council of the City of Atascadero considered the proposed application at a public meeting on February 22, 2011; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to approve PLN 2011-1394. 55 Attachment 2 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 By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney 56 ITEM NUMBER: C- 1 DATE: 02/22/11 i a isle L CAD o Atascadero City Council Staff Report - Public Works Department 2011 Community Development Block Grants Funding Recommendations RECOMMENDATION: Council review, and approve funding recommendations for the 2011 Community Development Block Grant (CDBG) program as shown below and approve adjustment of awards on a proportional basis upon final receipt of the 2011 funding allocation from the Department of Housing and Urban Development (HUD). Public Facilities Requested City of Atascadero - Handicapped Accessibility - Barrier Removal Projects 1 $108,300 North County Women's Shelter- Restroom Renovation T 13,000 People's Self Help Housing - Improvement to existing facility 10,000 Public Services - Limited to 15% of 2011 Allocation($30,300) Atas. Community Services Foundation - Youth Activity Scholarships 2,300 Atascadero Loaves and Fishes - Operation of Food Pantry 12,000 EI Camino Homeless Organization - Operations 15,000 Literacy Council - Atascadero Program 1,000 Administration- Limited to 20% of 2010 Allocation($40,400) City Program Administration Costs 40,400 Estimated Total Funding Available $202,000 DISCUSSION: Background: The 2011 CDBG award process began in the Fall of 2010. The first of two Workshops were held throughout the County to solicit public comment on community needs. The County published a request for CDBG proposals. The City received 15 applications for CDBG funds by the deadline and one after the deadline. Total funding, based on previous levels, is anticipated to be $202,000. Final funding amounts will be released by the Department of Housing and Community Development in early 2011. �I 57 ITEM NUMBER: C- 1 DATE: 02/22/11 On December 14, 2010, after reviewing the applications and hearing testimony from applicants, Council approved draft funding recommendations for the 2011 cycle. The recommendations were then published for the required minimum of 30 days during which the second of the two Workshops was held. At that Workshop County and City staff was available to discuss the recommendations and answer any questions regarding the CDBG program. Upon approval, the funding recommendations will be forwarded to the County for submittal to and approval by the County Board of Supervisors and inclusion in the countywide Consolidated Plan. FISCAL IMPACT: Available funds are estimated at $202,000 for the 2011 cycle. ALTERNATIVES: Council may modify the grant recommendations prior to approval. However, awards must meet program requirements, providing a minimum of 70% of funding for benefit to low and moderate-income persons, and no more than 15% can be allocated to the public service category. 58 ITEM NUMBER: C -2 DATE: 02/22/11 1978�--I Atascadaro City Counoii Staff Report- Public Works Department Transit Center Design Update RECOMMENDATION: Council receive for informational purposes the conceptual drawings and provide any input as to additions or modifications to the design. DISCUSSION: In 2007, the City and the San Luis Obispo Council of Governments (SLOCOG) commissioned a study to determine the feasibility of developing a downtown transit center. The study was developed using accepted transit planning theory, operational impacts, cost, and community / rider preferences as key elements of the selection criteria. Staff presented the Site Selection study results to Council on September 22, 2009, and the location on Capistrano Avenue was chosen (Exhibit A.) At its May 11, 2010 meeting, the City Council approved the Wallace Group, Inc., to perform the Downtown Transit Center design. The Downtown Transit Center design has an emphasis on durable construction, hardscape, drought tolerant landscaping, and green design elements such as solar lighting. Design costs will be further minimized by incorporating existing Downtown Streetscape features such as sidewalk design, urns, benches and shelters. The key goal will be to design a functional center that requires minimal additional right-of-way, minimizes ongoing maintenance requirements and incorporates low impact, energy efficient design features. Attached is the conceptual site plan for the project prepared by the Wallace Group (See Exhibit B). As recommended in the original Transit Center Study the site plan includes the space for three transit buses in individual parking / loading stalls. Site amenities include two shade structures, benches, trash cans, drinking fountain, street trees and landscaping, route map and advertising kiosks, decorative retaining walls as well as a paver pathway to the parking lot / City Hall building level. 59 ITEM NUMBER: C - 2 DATE: 02/22/11 Several features have been added to the project since the design work was initiated, namely: • Installation of stamped concrete crosswalks at Lewis Avenue / Capistrano Avenue, • Decorative streetscape lighting along the south side of Capistrano Avenue towards Stadium Park (on the south side of the street) to improve safety for the on-street parking used for Park-n-Ride users. Perspective drawings and cross-sections of the site will be presented at the meeting as part of the project presentation. Site Location / Constraints In an effort to avoid impacting the Colony Square property, the transit center site was shifted slightly to the northwest, towards the Lewis Ave Bridge. The resulting layout does not require additional land from the Colony Square project. The site plan was provided to Larry Hail of Pinnacle Traffic Engineering, a licensed professional traffic engineer, for a technical review of sight distance and safety issues. The engineer found the design did meet required site distance standards, however they did recommend additional automated caution signage activated by bus movements be installed at the site. Parking Lot Impacts Parking in and around Colony Square is limited, and one of the primary goals of the design was to create the transit site without reducing or impacting onsite parking. The proposed site plan includes the installation of a concrete retaining wall parallel to Capistrano Avenue to create a level site along the street while transitioning to the grades of the lower City Hall Parking Lot. This parking lot serves both the City Hall building with reciprocal parking rights for the balance of the Colony Square site. The wall placement will reduce the width of a portion of the parking lot while still maintaining the minimum City standards for space depth (18-ft) and aisle width (24-ft). No parking spaces will be lost as a result of the project. Staff will continue to work with the SLOCOG staff to attempt to negotiate a parking lease or easement to support 10 to 15 Park-n-Ride parking spaces in the Bank of America parking lot. Architectural Features The two transit shelter structures will be the enhanced tile roof (with gutters), timber, stucco and ledgestone column design presented to Council during the Downtown Streetscape design development (see attached Exhibit C). The concrete retaining walls with textured and colored concrete with anti-graffiti coating with a durable capstone top. All benches, trash cans, colored concrete flatwork and paver bands will be consistent with the adopted Downtown Streetscape design elements used on previous projects. The consultant is including solar powered lighting to illuminate the two shade structures and site lighting. The current project does not include restroom facilities. 60 ITEM NUMBER: C - 2 DATE: 02/22/11 Street Improvements The project includes several design elements required for the increased bus traffic. The widened portion of the street and three bus stalls will be constructed of colored concrete for improved durability beneath the starting and stopping loads of a transit bus. The existing asphalt on Capistrano Avenue, which is currently in poor condition, will be rehabilitated and overlaid between the Lewis Avenue Bridge and Morro Road. On- street parking in front of City Hall on Capistrano Avenue will be eliminated, and the road segment will be re-striped with a single lane in each direction with Class 2 bike lanes on both sides of the street. Landscaping The site improvements will include the installation of drought tolerant landscaping in the form of shade trees at the Transit Center loading area, mulching under the large oak tree in the City Hall parking lot, and decorative plantings along the shared Colony Square property line and landing at the City Hall level of the parking lot. The project does not include any turf in an effort to minimize maintenance and irrigation requirements. Based on comments received tonight staff will work with the consultant to finalize construction drawings, process permits and secure construction funding with SLOCOG prior to going out to bid on the project. Based on availability of Prop 1 B funds the current schedule is tentatively: Complete Construction Drawings: March 30, 2011 Receive Permits: May 06, 2011 City Council Authorization to Bid: May 10, 2011 Receive Bids: June 15, 2011 Secure SLOCOG Prop 1B Funding: July 01, 2011 City Council Approval: July 19, 2011 Early Construction Start Date: August 22, 2011 Early Construction Complete: December 15, 2011 The existing transit stop on Capistrano Avenue will continue to operate until the project is complete. FISCAL IMPACT: SLOCOG remains highly supportive of a Transit Center Project. They have committed Proposition 1B funding for the design of the project and in meetings with City staff verbally committed to finding funds to build-out the project. Funding for the project is anticipated to be Proposition 1B funds and Public Transportation, Improvement and Service Enhancement Account (PTMISEA) Grant funds through SLOCOG, with potential contributions from the Redevelopment Agency. Staff will return to City Council at a future meeting with final design plans and a request to bid the project once funding is secured. 61 ITEM NUMBER: C -2 DATE: 02/22/11 The fiscal impact would include staff time to administer the design, parking lease acquisition (if required), environmental review and final design. The total budget for the Downtown Transit Center project is shown below: Project Costs a. Surveying, Civil & Traffic Engineering $ 90,000 b. City Staff Costs, Environmental, Soils, Arborist, Misc. $ 30,000 c. Estimated Transit Center Construction Costs $507,455 d. Estimated Capistrano Road Overlay / Rehab $ 60,000 e. Contingency (+/-20%) $137,545 Total Project Cost: $825,000 Project Funding a. Proposition 1 B (via SLOCOG) $700,000 b. PTMISEA Grant $125,000 Total Project Funding: $825,000 ALTERNATIVES: 1. Council could direct staff to reconsider elements of the design, modify scope of project, revise project schedule. 2. Council could direct staff to terminate the project. ATTACHMENT: Exhibit A — Transit Center Site Selection Study "Conceptual" Site Plan Exhibit B — Updated / Refined Site Plan — January 2011 Exhibit C — Transit Shelter Concept Design Exhibit D - Perspective Views Exhibit E - Engineer's Cost Estimate 62 ITEM NUMBER: C -2 DATE: 02/22/11 EXHIBIT A SELECTED TRANSIT CENTER SITE CAPISTRANO AVENUE E s y x °s g1 b 6 Lit ^C• f jiy� yT h. s i i I S C ' c... Y•. .,... t i WWo H; Z) t w BVD Z F�x V O O O z. 0,4 s>a c m m r 1z ED w O wrn w O Z �LLIPU zz�oa a >�D °z�WU' q2 W t~n 63 ITEM NUMBER: C - 2 DATE: 02122111 EXHIBIT B Updated / Refined Site Plan — January 2011 gg �. VIN aodny0'0dIOvOsvly g w 631N33 i1SNVH1 OdDCIVOSVIV r 3 SE �I i E ` a ' hili E!f NV-1d 1d33NOO rHe 7` 6 [ t ami �_- g e! i a F4 - . ITEM NUMBER: C -2 DATE: 02/22/11 EXHIBIT C TRANSIT SHELTER PLAN —Red Clay Tile Roofing i Welded Steel Structure WV"Square Tubing) Color to Match Frazee SS91 ',blrsiic Green" r, Pre-Cast Concrete Pier —-- ----Bus Stop Siln 71 7 -- Signage Area(Both Sides) -T I Route Map&Schedule on Inside —_ C0 -_—Colors to Match Downtown LKEntry Arch FronOack Side --Standard Downtown Bench Y-3 Design(Color:Black) 65 € f O qe 'ji9, , fir• I :3Pwazt tj I ) F2 rvt Ifw'r�, l d rl ;, F.• ' Y. s C r I if. I}1 t .Y 1l '4' der f lrL,,1 ITEM NUMBER: C -2 DATE: 02/22/11 EXHIBIT E ENGINEER'S COST ESTIMATE City of Atascadero Transit Center Expansion Project Preliminary Opinion of Probable Cost January 31st,2011 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL COST 1 Mobilization 1 LS $25,000.00 $25,000.00 2 Traffic Control&Construction Area Signage 1 LS $10,000.00 $10,000.00 3 Construction Surveying 1 LS $15,000.00 $15,000.00 4 Demolition&Tree Removal 1 LS $10,500.00 $10,500.00 5 Water Pollution Control Plan 1 LS $3,000.00 $3,000.00 6 1 Traffic Striping.Signage and Markings 1 LS $45,000.00 $45,000.00 7 Class II Aggregate Base(6"thick) 162 CY $80.00 $12,933.97 8 Concrete Bus Pad 2050 SF $11 00 $22,550.00 9 6"Concrete Curb 1745 LF $35.00 $61,075.00 10 City Std.Concrete Sidewalk 2135 SF $11.00 $23,485.00 11 Decorative Crosswalk(Stamped Concrete-City Std.) 1365 SF $30.00 $40,962.90 12 Decorative Sidewalk from Bus-Stop to City Hall Annex(Pavers-City Std.) 700 SF $25.00 $17,500.00 13 Decorative Paving Band(2.5 ft.wide,Stamped Concrete-City Std.) 735 SF $30.00 $22.050.00 14 42"Height Retaining Wall(Skate board proof) 181 LF $100.00 $18,135.00 15 Decorative Streetlights 13 EA $4,000.00 $52,000.00 16 Relocate Existing Decorative Streetlight 1 EA $4,500.00 $4,500.00 17 Relocate Existing Telephone Pedestal 1 EA $2,500.00 $2,500.00 18 Shelter 2 EA $16,300.00 $32,600.00 19 Kiosk 1 1 EA $4,000.00 $4,000.00 20 Bicycle Rack 1 EA $1.500.00 $1,500.00 21 Bench(Steel, Powder Coat Finish,Surface Mount) 6 EA $1,750.00 $10,500.00 22 CMU Plinth with Cast Concrete Cap(2.5'x2.5 SO) 4 EA $1,500.00 $6.000.00 23 Street Trees(24"Box Trees) 4 EA $250.00 $1,000.00 24 Tree Wells(with conc.Curb,root barrier,tree staples) 4 EA $1,500.00 $6,000.00 25 1 Tree Grates 4 EA $1,500.00 $6,000.00 26 IMulch(3"Deep,Shredded Bark) 5830 1 SF $0.75 $4,372.50 27 1 Soil Preparation and Amendments 5830 SF $0.25 $1,457.49 28 Shrubs 5 Gallon at 3.0 feet on center) 1683 SF $3.85 $6,479.55 29 Shrubs(5 Gallon at 6.0 feet on center) 1683 SF $1.00 $1,683.00 30 Trash/Recycle Recptacles 3 EA $85C.00 $2,550.00 31 Landscape Maintenance(90 days) 5830 SF $0.05 $291.50 32 Irrigation 2463 SF $1.25 $3,078.75 33 Backflow Device(2") 1 EA $2,000.00 $2,000.00 34 lController(30 Station,Building Mount) 1 EA $500.00 $500.00 35 Water Meter(Irrigation Only) 1 EA $1,250.00 $1,250.00 36 Electncal 1 I LS $30,000.00 $30,000.00 SUBTOTAL $507,455 CONSTRUCTION CONTINGENCIES @ 10% $50,745 TOTAL PRELIMINARY ESTIMATE $558,200 Conceptual Plan-Prelim Engineer's Estimate-RAA.xlsx 1/31/2011 67 68 - - I ITEM NUMBER: C -3 DATE: 02/22/11 rplrpr 191a'i' r � 1978 Atascadero City Council Staff Report - City Manager's Office Resolution in Opposition to the Governor's Proposal to Abolish Redevelopment Agencies in California RECOMMENDATION: Council adopt the Draft Resolution, in opposition to the Governor's proposal to abolish redevelopment agencies in California. DISCUSSION: Newly elected Governor Brown has proposed many program cuts and tax increases in his plan to balance California's budget, which is currently a $25.4 billion deficit. One of the 400-plus redevelopment agencies in California. his proposals �s to eliminatep p g Governor Brown contends that redevelopment agencies strip away tax money that otherwise could be used for schools and essential services. Actually, redevelopment is a tool for building and improving communities, spurring job growth and taxes, and is the most significant provider of infrastructure, urban development and affordable housing in the State. The elimination of Atascadero's Redevelopment Agency will: ✓ Destroy local economic development ✓ Destroy our ability to revitalize blighted areas and bring them back to economic vitality ✓ Disable the City's ability to support new businesses in the community and invest in facilities and improvements that provide jobs to retailers, restaurateurs, and construction workers ✓ Limit our ability to fund affordable housing, build public infrastructure improvements and create commercial opportunities 69 ITEM NUMBER: C-3 DATE: 02/22/11 Future efforts by the City to support projects will be impossible without the support of redevelopment funding. Some past projects that have been supported by redevelopment funding are: ✓ Colony Square — Galaxy Theater ✓ Sunken Gardens ✓ Lewis Avenue Bridge ✓ Downtown Streetscape ✓ Zoo improvements ✓ The Community Center ✓ Stimulus programs for restaurants and businesses All California cities recognize that our State is facing a tough budget crisis; our cities are also facing tough budget times. We know that cuts need to be made and that cities need to take on additional responsibilities to aid the State at this time. We are willing to work together on a solution to this problem. Eliminating redevelopment agencies is not the answer. The League of California Cities has asked all cities to join together and adopt a Resolution in opposition to the proposal to abolish redevelopment agencies in California. FISCAL IMPACT: None. The abolishment of our Redevelopment Agency would eliminate the Agency's General Fund, which is currently $1,978,120. ALTERNATIVES: Council may decide to not oppose the elimination of redevelopment agencies in California. ATTACHMENTS: Draft Resolution 70 ITEM NUMBER: C-3 DATE: 02/22/11 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA IN OPPOSITION TO THE GOVERNOR'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA WHEREAS, as part of its 2011-12 budget proposal, the Governor has proposed permanently abolishing California's more than 400 local redevelopment agencies; and, WHEREAS, this proposal represents more of the same misguided and illegal State budget raids of local government funds that voters have repeatedly sought to end, most recently in November 2010 when an overwhelming 61% of voters elected to stop State raids of local government funds, including redevelopment funds; and, WHEREAS, this proposal will bring very little financial benefit to the State. According to the State Controller's Office, redevelopment agencies have more than $87 billion in bond and other contractual obligations that legally must be repaid before revenues are available to any other purpose. In fact, according to the State Department of Finance's own budget documents. there will be zero State savings in out years from shutting down redevelopment; and, WHEREAS, this proposal will destroy local economic development, including hundreds of thousands of jobs and billions of dollars in local economic activity throughout California; and, WHEREAS, abolishment of redevelopment in Atascadero will destroy our ability to revitalize blighted areas in our community and bring them back to economic vitality by creating jobs, funding affordable housing, building public infrastructure improvements and creating commercial opportunities; and, WHEREAS, abolishment of redevelopment in Atascadero would disable the City's ability to support new businesses in the community and invest in facilities and improvements that provide hundreds of jobs to retailers, restaurateurs, and construction workers; and, WHEREAS,projects supported by redevelopment funding in the past include Colony Square—Galaxy Theatre, Sunken Gardens, Lewis Avenue Bridge, Downtown Streetscape, Zoo �I improvements, a new Community Center, and financial incentives for new restaurants and businesses. Future efforts along these lines would be impossible without the support of redeveloping funding, and, WHEREAS, throughout California, redevelopment activities support 304,000 jobs annually, including 170,600 construction jobs, contribute over$40 billion annually to California's economy in the generation of goods and services, and generate more than $2 billion in state and local taxes in a typical year; and, 71 ITEM NUMBER: C-3 DATE: 02/22/11 WHEREAS, eliminating redevelopment will take away one of the few tools local governments have to comply with state requirements to plan for more compact urban development supported by transit-oriented development, housing,jobs and infrastructure; and, WHEREAS, eliminating redevelopment will destroy the development of affordable housing in California. Redevelopment agencies are the second largest funder of affordable housing, behind only the federal government, responsible for over 98,000 units of affordable housing since 1993; and, WHEREAS, shutting down redevelopment agencies is a violation of multiple State and Federal constitutional provisions. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero formally opposes the Administration's proposal to abolish redevelopment in California. THEREFORE, BE IT FURTHER RESOLVED, that the City of Atascadero authorizes its City Council and City staff to communicate its opposition to this proposal to the Governor, the Legislature, business groups, and citizens. On Motion by Council Member and seconded by Council Member the foregoing Resolution was adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO: ATTEST: Tom O'Malley, Mayor Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney 72