Loading...
HomeMy WebLinkAboutAgenda Packet 01/10/2006 oil ® ■ 198 18 CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, January 10, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O'Malley ROLL CALL: Mayor O'Malley Mayor Pro Tem Pacas Council Member Clay Council Member Luna Council Member Scalise COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call 1 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.) DISCLOSURE OF EX PARTE COMMUNICATIONS: (Council Members must disclose at this time communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps and parcel maps, variances, conditional use permits and planned development permits. This does not disqualify the Council Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.) 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.) 1. City Council Closed Session Meeting Minutes — October 31, 2005 ■ City Clerk Recommendation: Council approve the City Council closed session meeting minutes of October 31, 2005. [City Clerk] 2. City Council Meeting Minutes — November 22, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of November 22, 2005. [City Clerk] 3. City Council Special Joint Meeting Minutes— November 29, 2005 ■ City Clerk Recommendation: Council approve the City Council special joint meeting minutes of November 29, 2005. [City Clerk] 4. July 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for July 2005. [City Treasurer] 5. August 2005 Treasurer's Report • Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for August 2005. [City Treasurer] 6. September 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for September 2005. [City Treasurer] 2 7. October 2005 Accounts Payable and Payroll • • Fiscal Impact: $2,204,494.02. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2005. [Administrative Services] 8. Final_Map 2005-0113 (TPM 2004-0061) 7500 Navaioa Avenue (Parcel Map AT 04-0024)(Higgins / Prewitt) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0113 (Parcel Map AT 04-0024); and, 2. Authorize City Manager to enter Subdivision Improvement Agreement with applicant. [Public Works] 9. Final Map 2005-0122 (TTM 2005-0069) (Tract 2749) 2000-2300 EI Camino Real - Factory Outlets (Levon Investments / Gearhart) ■ Fiscal Impact: None. ■ Recommendation: Council accept Final Tract Map 2005-0122 (Tract 2749). [Public Works] B. PUBLIC HEARING: • 1. Zone Change 2004-0087 / CUP 2004-0133 /TPM 2004-0056 (6910 Navaioa) (Vaughn and Young) ■ Fiscal Impact: None. • Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0052; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2004-0087 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2004- 0133 to include the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution C approving Tentative Parcel Map 2004-0056 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 2. Title 9 Planning and Zoning Text Amendment: Amendment to Portions of Title 9 Pertaining to Indoor Shooting Ranges (ZCH 2005-0106) (Bennet/Norris) ■ Fiscal Impact: None. ■ Recommendation: Planning Commission recommends Council introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0106 based on findings. [Community Development] 3 C. MANAGEMENT: 1. Review of Solid Waste Collection Services ■ Recommendation: Council direct staff on how to proceed regarding the City's contract with Atascadero Waste Alternatives. [City Manager] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley will review the Committee Assignments for Council Members. Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee. 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Grassroots Network 6. City/ Schools Committee 7. Economic Opportunity Commission (EOC) Mayor Pro Tem Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. Finance Committee Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) 3. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager 4 F. ADJOURNMENT: • Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 10, 2006 Regular Session of the Atascadero City Council was posted on January 3, 2006 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 3rd day of January, 2006 at Atascadero, California. l Shannon Sims, Deputy City Clerk City of Atascadero • 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 6 ITEM NUMBER: A-1 DATE: 01/10/06 SPECIAL MEETING ATASCADERO CITY COUNCIL Monday, October 31, 20055 12:00 p.m. CLOSED SESSION Mayor Scalise called the meeting to order at 12:00 p.m. ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Others Present: City Clerk/Assistant to the City Manager Marcia Torgerson, City Manager Wade McKinney, and City Attorney Patrick Enright. Mayor Pro Tem O'Malley asked the City Attorney who can call a special meeting. Mr. Enright replied that the Mayor or a majority of the Council can call a special meeting. Mayor Pro Tem O'Malley asked for legal clarification on what the scope of the meeting could be and if there were limitations. Mr. Enright replied that the Council can only evaluate the performance of their employees; the City Manager and the City Attorney, and in this case the City Manager is the only one listed on the agenda. Mayor Pro Tem O'Malley made a motion to have the City Clerk attend the Closed Session and take notes. Council Member Clay seconded the motion. There was no vote. 1. Public Comment -CLOSED SESSION Bob Kelley, said that this is the blackest day in the history of Atascadero if the Council does anything to the City Manager. Mr. McKinney has support throughout the community. If an employee made a mistake, then discipline him. Draft City Council Special Closed Session 10/31/05 Page 1 of 4 7 ITEM NUMBER: A- 1 DATE: 01/10/06 Casey Bryson, representative of the Fire Association, stated that he was in attendance to support the City Manager and the Assistant City Manager. He explained that before Mr. McKinney came to Atascadero, the City was struggling, morale was low, etc. He listed many improvements to Mr. McKinney's credit. Leonard Sutherland, Vice President of Michael Fredricks, and a friend of Mr. McKinney's, stated that there must be a lack of communication that can be fixed. Jeff Wilshusen, President of Police Association, stressed his support for the City Manager. He mentioned the fiscal stability of Atascadero as an example of Mr. McKinney's leadership. He submitted a letter of support to the Council (Exhibit A) Sheryle Machado, stated that she was surprised by this meeting and was unclear of the Council's intentions. She said that she supports Mr. McKinney and urged the Council not to overreact and to consider his entire tenure. Ann Ketcherside, said that she supports Marty Tracey. She stated that the Council has directed.staff on other properties concerning eminent domain, and Marty should not be punished for doing as Council has directed. She submitted a letter from the Redevelopment Agency to the Hurd family (Exhibit B). Mayor Pro Tem O'Malley read the letter aloud, concerning an appraisal of property on Hermosilla. Ann Ketcherside (continued), stated that Mr. McKinney was not the only one to blame as the Redevelopment Agency gave the direction. Andy Charnley, said that the City has consistently improved under Mr. McKinney's leadership. Mary Chastain, President of Atascadero Chamber of Commerce, stated that she attends many of the City Council meetings, and she told the Council how she had written a letter a few months ago to Mr. McKinney and the Council, stating that the Council tends to insult staff, and that this is unprofessional. She said that Mr. McKinney had a favorable evaluation in September, and itis startling and disruptive to the City for this type of meeting to take place. She stated that the Chamber supports Mr. McKinney. Joanne Main, Executive Director of Chamber, said that she witnessed the Executive Management Team's presentation of a commendation to Mr. McKinney and that she feels Mr. McKinney is remarkable to work with. She asked the Council to take their time and listen carefully to all the facts. Ms. Main stated that Mr. McKinney respects the Council as his employers. Don Idler, Chamber Board Member, said that this issue is disturbing to him. He said that he understands the need for a meeting, to resolve an issue, but it will be a dark day if we lose Mr. McKinney. Mr. Idler stated that the business community appreciates Mr. McKinney. Draft City Council Special Closed Session 10/31/05 8 Page 2 of 4 ITEM NUMBER: A- 1 DATE: 01/10/06 Steve Martin, Executive Director of Main St., stated that Main St. has worked hard to improve their standing in the City and that Mr. McKinney and his staff have been supportive and professional. Don Guissinger, said that he is impressed with Mr. McKinney's honesty. Mr. McKinney is open and honest and helpful to the community. He urged the Council to remember that everyone makes mistakes. Keith Aggson, am employee of the Fire Department for 19 years, stated that he supports the City Manager and Assistant City Manager. He explained that Mr. McKinney was hired in 1997, and immediately improvements began; budget improvements, strategic planning, downtown improvements, and improved staff morale. Mr. McKinney is approachable and honest. Sandy Jack, Parks & Recreation Commissioner, said that Mr. McKinney is straight forward and honest. Mr. Jack stated that he doesn't know Mr. McKinney very well, but the issues in the New Times should be handled by Mr. McKinney and not the Council. He said that the Council has made many positive strides forward with the assistance of Mr. McKinney. Michael Frederick, stated that since Mr. McKinney became City Manager, there have been many positive improvements in the City. Mr. McKinney takes the time to get involved in issues and solves them. Barbie Butz, said that she has been involved with the City for 25 years, and even though she does not completely understand what the issues are, she doesn't believe everything that she reads in the newspaper. She urged the Council to be fair. Scott Hallett, employee of the Fire Department, stated that the City has consistently improved since 1997 when the Council hired Mr. McKinney. He has hired many excellent department heads and Mr. Hallett supports Mr. McKinney. Michael Croft, said that he doesn't know Mr. McKinney but knows that the City Manager position is a difficult one. He stated that if an error has been made, then deal with it appropriately. Terry O'Farrell, representative of the Police Association, stated that he supports Mr. McKinney. He asked the Council to note that the entire Police Association supports Mr. McKinney. Mayor Scalise closed the Public Comment period. Mayor Scalise stated that it is the Council's duty to investigate any potential wrongdoing. Draft City Council Special Closed Session 10/31/05 Page 3 of 4 9 ITEM NUMBER: A- 1 DATE: 01/10/06 MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay that the City Clerk attend the Closed Session and take notes. Motion passed 5:0 by a voice vote. Mayor Pro Tem O'Malley made a motion that the topic of this meeting be limited to an evaluation of the City Manager's performance. Council Member Clay seconded the motion. There was no vote on the motion. Council Member Luna stated that he also asked for this meeting as this is the only was the entire Council can review the issue. Mayor Pro Tem O'Malley withdrew his motion. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to have the City Manager attend the Closed Session. Motion passed 5:0 by a voice vote. Mayor Pro Tem O'Malley asked to limit the discussion of this meeting to the New Times article. There was no consensus. 2. Call to Order a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: CITY MANAGER b. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE 3. Closed Session Report The City Attorney announced that the City Council gave the City Manager direction to prepare a letter to Mr. & Mrs. Gaughan, clarifying the City Council's actions pertaining to their property. The City Council also gave the City Manager direction to request the resignation of Marty Tracey. ADJOURNMENT: Mayor Scalise adjourned the Special Meeting at 3:05 p.m. to their next regularly scheduled meeting. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/Assistant to the City Manager Exhibit A: Letter from Atascadero Police Association, dated 10/31/05 Exhibit B: Letter from Community Redevelopment Agency to Lila Hurd, dated 6/28/05 Draft City Council Special Closed Session 10/31/05 10 Page 4 of 4 ITEM NUMBER: A-2 DATE: 01/10/06 " 1918 a 1878 CITY OF ATASCADERO � m 1 CITY COUNCIL DRAFT MINUTES Tuesday, November 22, 2005 7:00 P.M. CLOSED SESSION: 6:32 p.m. (Immediately Following Redevelopment Agency Meeting) 1, PUBLIC COMMENT — CLOSED SESSION — None 2. CALL TO ORDER a. Conference with legal counsel — Existing Litigation (Govt. Code Sec. 54956.9 (a)) 1. City of Atascadero v. Pacific Gas and Electric 3. ADJOURN: 6:49 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that the Council met in closed session and no reportable action was taken. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:00 p.m. and Council Member Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None CC Draft Minutes 11/22/05 Page 1 of 6 Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle, Rickard, Public Works' Director Steve Kahn, Community Services Director Brady Cherry, Community Development Director Warren Frace, Police Chief John Couch and City Attorney Patrick Enright. COMMUNITY FORUM: Ann Ketcherside spoke about tree removals in Atascadero and asked for clarification on the zoning for a private property located in Atascadero. Eric Greening spoke about appropriate mitigation for tree removals. He also suggested that local artists be permitted to display their work on the walls of the Council Chamber. Mitch Paskin spoke about San Marcos Road between Los.Altos and the Castle Rock project and asked that he and his neighbors be kept informed about decisions made for the project that will affect the road. Mayor Scalise closed the Community Forum period. There was Council discussion regarding addressing the issue of Public Art in the Council Chamber at a strategic planning session. APPROVAL OF AGENDA: Mayor Scalise announced that Item #A-2 has been pulled from the agenda. MOTION: By Council Member Luna and seconded by and seconded by Council Member Clay to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None CC Draft Minutes 11/22/05 Page 2 of 6 12 PRESENTATION: 1. Proclamation congratulating the Economic Opportunity Commission on its 40th Anniversary. Council Member Luna read the Proclamation and presented it to Jim Patterson, 5th District Supervisor and Biz Steinberg, CEO of the Economic Opportunity Commission. Mr. Patterson spoke about the EOC and the services it provides to the community. Ms. Steinberg thanked the Council and the community for its efforts in support of their programs. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — October 25, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of October 25, 2005. [City Clerk] 2. Final Map 2005-0117 (Tract 2640) 1225 EI Camino Real (TTM 2004-0054) (ECR 24, LLC) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0117 (Tract 2640); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Streets, Open Space Recreation Easements, Public Utility Easement and Public Drainage Easement; and, 3. Accept offer of dedication for Public Access Easements; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] Item #A-2 was pulled from the agenda. 3. Temporary Road Closure / Park Dedication — Holiday Lighting Ceremony — Winter Wonderland ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the temporary road closure for the community events scheduled to take place on Friday, December 2, 2005. [Community Services] 4. Temporary Road Closure — Holiday Musical Walk Around the Lake ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the Stemporary road closure for the Holiday Musical Walk Around the Lake on December 3, 2005. [Community Services] CC Draft Minutes 11/22/05 Page 3 of 6 13 MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to approve Items #A-1, 3, and 4. Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution No. 2005-094, Item #A-4 Resolution No. 2005-095) B. MANAGEMENT: 1. Oak Ridge Estates (3-F Meadows) Intersection State Route 41 and Los Altos Road Improvements ■ Fiscal Impact: None. ■ Recommendation: Council find that the proposed improvements for the intersection of State Route 41 (Morro Road) and Los Altos Road meet the requirements of the Atascadero Municipal Code. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of the Council. PUBLIC COMMENT Christine Rogers, Castle Rock Development, spoke about the project and answered questions of Council. Paul McClintic, Cal Trans, answered questions of Council. Council Member Pacas expressed concern with safety issues and the need for a right turn lane. Council Member Clay also spoke in favor of a right turn pocket. Brian Maul, San Marcos Road resident, gave specific examples of his concerns regarding safety issues at this intersection. Mitch Paskin, San Marcos Road resident, stated his views regarding safety, tree removals and retaining walls at this intersection. Ralph Bettman, San Marcos Road resident, urged the Council to look ahead at future impacts at this intersection and expressed his concerns with safety on San Marcos and Los Altos Roads. Steve Halmoridge, San Marcos Road resident, spoke about traffic safety at this intersection. CC Draft Minutes 11/22/05 Page 4 of 6 14 Russ Thompson, applicant's representative, addressed issues raised during the Public. Comment period. Mitch Paskin stated that the intersection improvement is Castle Rock's responsibility. Christine Rogers explained Castle Rock's position on the intersection. Will Arcularius, San Marco Road resident, spoke about inadequate signage and safety at this intersection. Mayor Scalise closed the Public Comment period. Mayor Scalise stated she was concerned with the permitting process and justifications, however, clearing brush and trees could contribute to safety at the intersection. Council Member Luna indicated he had hoped for another alternative to mitigate the environmental damage; something safe for the next 25 years and good for the neighborhood, however he does not see that this has happened. He stated he is not convinced that the original design is not a lot safer. Mayor Pro Tem O'Malley spoke about the importance of getting full cost recovery. He expressed concern regarding problems at the state level, safety, and lack of analysis and indicated he would support going back to the original recommendations. MOTION: By Council Member Luna and seconded by Council Member Clay to find that the proposed improvements for the intersection of State Route 41 and Los Altos Road does not meet the intent of the requirements of the Atascadero Municipal Code, and the implications of this decision is that the developer would be required to construct the improvements with the right hand turn pocket as originally designed. Motion passed 5:0 by a roll-call vote. C. COMMITTEE & LIAISON REPORTS: None D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney City Attorney Patrick Enright reminded Council of the Special Meeting on Tuesday, November 29tH CC Draft Minutes 11/22/05 Page 5 of 6 15 E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting of the City Council on December 13, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 11/22/05 Page 6 of 6 16 ITEM NUMBER: A-3 DATE: 01/10/06 reuxocn A ® 1918 1878 SPECIAL JOINT MEETING Atascadero City Council Atascadero Planning Commission Atascadero Parks & Recreation Commission MINUTES Tuesday, November 29, 2005 6:30 p.m. CITY ATTORNEY - LEGAL REVIEW ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Planning Commissioners Beraud, O'Keefe, Patel, and Chairperson Porter Parks & Recreation Commissioners Butz, Livick, Sechrist and Chairperson Mathews, and youth representative Christopher Solkshinitz Absent: Planning Commissioners Fonzi, Jones and Kelley Parks & Recreation Commissioners Ausman, Castaneda and Jack and youth representative Paige Buck-Moyer Others Present: City Clerk/ Assistant to the City Manager Marcia McClure Torgerson Draft Joint Council& Commissions 11/29/05 Page 1 of 3 17 ITEM NUMBER: A-3 DATE: 01/10/06 Staff Present: City Attorney Patrick Enright, City Manager Wade McKinney, Police Chief John Couch, Community Development Director Warren Frace, Community Services Director Brady Cherry, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Contract Associate Planner Kerry Margason, and Assistant Planner Lisa Wilkinson JOINT STUDY SESSION: City Attorney Patrick Enright welcomed the Commissions and Council. Mr. Enright gave a summary of the topics to be discussed tonight, including the duties and responsibilities of the Council and the Commissions. 1 CONFLICTS and ETHICS • Political Reform Act Contractual Conflict — Government Code section 1090 • Common Law Conflict 2. EX PARTE COMMUNICATIONS 3. BROWN ACT • Attendance of Quorum at Meetings • Social/Educational Seminars and Functions Mr. Enright gave his presentation using a PowerPoint slide program. The Council Members and Commissioners thanked Mr. Enright for his presentation. Planning Commissioner Beraud asked that the motorcycle issue be placed on a future agenda of the City Council Mayor Pro Tem O'Malley stated that he supported having Joint meetings with the Commissions at least once per year. Council Member Pacas asked the City Attorney to send out a summary sheet, clarifying the $500 limitation issue, and clarifying the issue of not influencing a decision by speaking when you are not the spokesperson. Draft Joint Council &Commissions 11/29/05 18 Page 2 of 3 ITEM NUMBER: A- 3 DATE: 01/10/06 Council Member Clay suggested putting the motorcycle issue on the Council's Strategic Planning agenda in January 2006. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:25 p.m. The City Council, Planning Commission, and Parks & Recreation Commission adjourned to their next regularly scheduled meetings. Minutes prepared by: Marcia McClure Torgerson, C.M.C. City Clerk/ Assistant to the City Manager Draft Joint Council & Commissions 11/29/05 Page 3 of 3 9 ITEM NUMBER: A — 4 DATE: 01 /10/06 • ' as a ■ �9is i is e Atascadero City Council July 2005 Staff Report - City Treasurer July 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for July 2005 REPORT IN BRIEF: Cash and Investments Checking $ 740,625 Money Market Accounts 294,776 Certificates of Deposit 7,733,094 Government Securities 6,669,358 LAI F 15,174,528 Cash with Fiscal Agents 145,946 Cash in Banks at July 31, 2005 $ 30,758,327 Deposits in Transit Outstanding Checks (594,085) Cash and Investments at July 31, 2005 $ 30,164,242 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 07/06/05 Soy Capital Bank & Trust CD $ 98,000 07/01/09 07/08/05 Citizens Deposit Bank CD 97,000 07/08/10 07/11/05 Mount Vernon Bank CD 98,000 07/12/10 07/19/05 Harleysville Natl Bank CD 98,000 07/15/10 07/20/05 Eva Bank CD 98,000 07/20/10 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 07/11/05 NBT Bank CD $ 97,000 $ 97,000 07/12/05 Pan American Bank CD 97,000 97,000 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Page 1 of 14 21 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF JULY 2005 • CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at July 1,2005 $ 1,035,302 $ 29,093,906 $ 145,649 $ 30,274,857 Receipts 2,365,532 193,850 297 2,559,679 Disbursements (2,135,209) - - (2,135,209) Transfers In from Redevelopment LAIF 59,000 - - 59,000 Transfers In 1,190,000 1,774,000 - 2,964,000 Transfers Out (1,774,000) (1,190,000) - (2,964,000) Balance per Banks at July 31,2005 $ 740,625 $ 29,871,756 $ 145,946 30,758,327 Deposits in Transit Outstanding Checks (594,085) Adjusted Treasurer's Balance $ 30,164,242 22 Page 2 of 14 00 0 0 0 0 0 0 0 0 0 0 0 o v N r O O O O O O O O O O O 0 vi r O O O O O O O O O O O O w 7 d• CT CT r r- r- C, h C\ CT C� 01 CT ~ N "It CT C, a1 Q1 CT CT CT C� N V � 1 ro cC N cd ro ro ro cd cd ro ro ro ro C, u a U A 00 �o Cl 0 0 0 0 0 0 0 0 o 0 0 N r O O O O O O O O O O O O v v a a r o vi a ON a o r N 7 C, O, U C, CT C, CT C, C, O 71 .--� 69 A 0 0 0 0 0 0 o C o 0 0 0 0 00 O O c/1 V1 V1 O O O N 7 O N N N M o0 O O 00 C� � W Er ro 0 0 0 0 0 0 0 0 0 0 0 0 O O v1 V1 O O O o1 O V1 O q N N N M o0 O O 00 M V M M W Ah w V � � � ro ro ro ro ro ro ro ro ro ro � ro ro ro �• w M j Pr s r � w � b :t4y 0 0 0 0 0 0 0 o C In. w w w w w w w w w w w > w ro ro ro ro ro u v ro Idro rov ro v v v v v v v v v w of w w w w w w~ n eq w u M N N N N N N N N N d' O O O O OO O O O O O �O O M M O O N N O M p O O O O O O L v y L � F W cc O d c e t A R cc ,� Ln d Cn :3 c � A 2Z C L a e Q EM A ~ Ln -14 00F HAa � F xm d 9 Q o c aLi ti p0 j b Z ti O Pa o s� U w a x y a' > b a ° a k o_ x J' a `n aw oa v� ¢ aw" Act 3ca � C7C7 a � raw oa � a va wv a a o 0 0 0 0 0 0 0 0 0 0 0 GL 23 O O O O O O O O O O O O O O [r p p O O O O O O O O O O O O O O O O O O O O O O 'd In vi v o o o v o r C, O N U D\ T D\ a1 U , ti 69 aE cd It cC cd cd cd c0 m m R2 O C U A 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 o O c 0 0 0 0 0 0 0 0 0 0 0 0 0 , C vi ,, U � pv rn Cl oC, v` ao a, a, fy j Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 � M r M h V �1' M 7 7 -IrV M M M LLl 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O ? O� O O F+ W � � Q � � z s 'r � � o 0 0 0 o q o 0 0 o C y V CL � a a n �, a o aai U ti W A A A A A LI) A A A A A Q w o o 0 o0 0 0 0 0 0 0 0 0 0 0 a �iz � � w w ?�. w^ o ani ani ani d o - d 0 . C7 U U U U U C7 U U U U C7 U U w N N N N C VN N ry N N N O O O O Qo0 C, O� O� fes. O O O00 00 Do O O O O O O O O O O O 0. Qj ca kn d y, ti o Oa p U o ea ea C7 W aLi 0.1 adLn oo 00 w 0 V�j ti v M oC v, O C ' " M � C O C..7 ty c C w ?: o O O ° U m x U ° O w � 7 x M D z fE R W d = O cCtl d 3 L perp.�, •aa�i a r,L"i O y' O U L i--I z 6� 6. � Ci u d G� "" CO CC s, C u ° u N W U U U H O z V� F x W W U cn U O z U W W U Vi vJ c4 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N N oo O N N N O p ,N- 00cN clN o0 00 00 o0 o0 Q\ O\ Cl O O O O O O O O O O O O 24 viO O O O O O O O O V) o O N_ Er O O Cl O O O Cl O O O N O O ,O O O O O O O O O O O O N Vj 00 Oi [� r- r^ C1 00 V O I� h O W N O, O, 01 T O, O, O, O Q, M ti 69 cu ro ° m m m o0 U ti A b9 O O O O O Cl O O O O O O O O O O O O o O O O O O Cl O O O O O O o OO O O O O O O O O 0 00 o r r r rn v o0 o n o r o Uo o, C\ o, C, a a o o a o a t Q � ty , A o 0 0 0 0 0 0 0 0 0 0 0 0 0 �l o In vi v) 0 0 0 Cl V) V1 7 r O o0 00 ^ M M O •--� •-• q h o 0 0 0 0 0 0 0 0 0 0 0 0 0 N V) h O O O O h O h O O O Q• O C r O W Oo [r \ M M M 7 M M M M M M N N M M C7 0 w °a ti w " IQ .14 � a Ln �+ 0 0 0 0 0 0 0 0 0 0 C o G '`� � �' •5 a. a. a a a. ck cL c, a, o, o a a W Ln A A A A A A A A A A w N a U u U U U U V U U U U U .4E e > > C7 U U U U U U U U U U C7 U C7 ,O r O Cl h r O O MO C,00 N 'O C O v O Q h 3 x L ° x z cc It off U c � uo A 7-. M p#,, L Gl b G O U cIt ,L" O E'^ V y 3 •C ,ato b $ a U• °wcc Qj w � aH � H UU x UU U3 x � U C7 o; wU :aw 14 r r r r r r r r r r r r 00 00 r- 00Ctl o 0 0 0 0 0 0 0 0 0 0 0 0 0 Ir N_ N O O O O o 00 O _Meq N N CD 25 0 0 0 o O o o C, o 0 0 0 0 0 [r O o o O o o O �o O o 0 0 0 0 t- Cl 00 00 00 O h N n O O\ O` O W O\ O D, O, O1 N O, O, N C` C, O� a m m N ca ro ro o ro cz m ca ca V ti a, A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 Cl 0 o O 0 0 0 0 0 0 C 0 o O o 0 0 C r- O 00 00 00 O Wn vi O O a D, C, O; a Q\ Cl 01 O, D, N - M O N fy 69 A o e o 0 0 0 0 C 0 0 0 0 0 0 O N cn I/1 N M M M M W o 0 0 0 0 o 0 0 0 0 0 0 0 Cl O O O O O O O N N N O W O M h O O O O O a\ ^ [� \ M m M M N N N M N M M M M � o 10 w M U ti LY C L1 O. C]. O O CL O O W Q � A A Q u Q ai N Q q A Q w w w w ew w w w w o N v o o N o o ani a~i ID U 0 U U U C7 C7 U C7 C7 U U U U Ir 7 �O o0 O r- 00 00 a, o c o 0 0 0 0 0 0 0 0 0 0 0 y 0 U .x a `o °R °0. ° ° x O � 1 3 w V ti] u C > u o a O as o d W o � , U c Y o00 Ulff. o 2 o o O m W o b p 41 f/ Vjwo 'o N iC y `_G d O GTT v b cE C ❑ L" b b A U b b o d o o 4 u wk o u W64 a q w dx wU � a � U cavi U U C.7a wU wU Fd rcn � cn va� 00 00 00 00 00 00 00 00 00 00 00 00 00 ao r4 o 0 0 0 0 0 0 0 0 0 0 0 O N O O O O In 00 O V'1 oD h 0 0 N N N M O O N Q A v r 00 00 o 0 0 0 0 0 0 0 0 0 0 0 0 0 26 0 0 0 o O o 0 0 0 0 0 0 0 0 [r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ow h n 0 O, a vi In „ o, o, Cl rn o, o, °, o 0 o rn o o` C� O j C � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r=4, , V a rn rn o 0 0 o rn ° rn rn o o a, °C fy Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O V1 V1 V'1 V1 V"1 O V'1 O V1 V1 114 O N O V D O O V M O O V v M � � d• M M M M M M M - V M M O 1ti14 W � � O � � t3 ctl � cd ctl ctl td cC Cd Cd c0 � Rf Cd w d ti o0 � 'o .o •G .o .o .o •o o 'o 0 0 •C .o 'o N CJ U U U N OJ N N U U U U U U U U U U U U U U U L w w w U U C7 U U U U U U U U C7 U U W M In 'Ir0 0 0 0 0 0 0 0 0 0 0 0 0 0 N r\ � M O O O O O O O O O O O O O a s w Y o c O L o L u U _0 y p� W •^1 1 O C O C at a '� O O R R1 etl Qa a C R Rdi pap �C ¢ C4 L r7. Y, Z G �+ W� m pon c o � a b z w a.> FEL Z w y �+ a ° Z E o , xM co y C° z Ci. d $ bn p C a c 0 E ed cC E U U U d O W �. k, U rr U W Ci. U U H P.+ pp 00 D\ O, D\ D\ G, O, ty o 0 0 0 0 0 0 o O o 0 0 0 0 [r ,� •o � v �o o, o o v � v o v-� o 27 O C!1 O O O O O O O O O O O O h O l— O O O O O O O O O O O O O oo O O O OO O O O O O O O oo 00 vi o r- r- oo r o r a CN C, rn o a C, o rn a v o rn N M 4 6R h ftl C/1 N Rl Cd Cd fd cd m A Ctl Cd m N ti as O O O C C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O V) o 00 vi o r r oo o r" a o o C, o Q a c. C, a a o a rn Q V MIn M A o o o o o o o 0 0 0 0 0 0 0 N O O h O O � v1 tr'� v1 M M W 0 0 0 0 0 0 0 0 I 0 0 C h M 0 qWo WCC U 4'i N h cd c�tl cd ro N Id m It ¢ It cd Z rn Eti � z � w ti -41 en N U d U N N 4VJ A. A U • w A A A A A A A A A ti 0. 0 o o 0 0 0 0 0 0 a P' :3 Ly cd s c� v U U w C t ai o ani a o ani ani d Q) o U C7 U U C7 U U U U U U C7 U U W v v v vi v cy o 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O M N p p O O O O O M N M cl O O O O O O O O O O O O O O a o `0 U ° a x o x x N c on co W x L d U yn tr c U ti E ,< x 9 a� JC °G Cq a Fq c c a3 W am og 0 o pa U o A ee s� Z a x Ci _ z M a C7 A U xEncc 44 aMU ^ U +- p i s a' A tr •i. x U ra y y i b S b 0 VDOf abi A m acc b °J o rFi ro A 'u s w U z 3 m w U a x z U A w F 3 lo N O a N p O � N O O O O N M Q i+l r) v1 In �O �O lO [� OOl O� Ol Ol OOl O O O O O O O O O O O O O O 28 O O O O O O O O Cl O O N O o O O O O Cl O O 0 0 0 o O O o 0 0 0 o r o 0 Gt Gy a o a t- 00 00 00 vi � o o rn a rn o a C7, a o 0 0 o rn o 0 C, M d' V1 0 ti 69 a N ro ro ro ro ro ro ro ro ro ro ro W ro ro A 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r o; O of r 00 00 00 In r o O r a rn o o a o, o a C, a o, o 0 0 ss O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W n o 0 0 0 o o 0 0 l o kf) oD v1 O O O O O N m N M V' V V 7 V' V �' V 7 d• 7 7 R W o 0 0 0 0 0 0 0 0 0 0 0 0 0 h Cl V1 00 v� O O O O O O N N � N m N M V V R R w 0 Q a O w V ^ Q �, O ro ro ro roRt ro ro ro ro ro ro ro It L4 ~ Y M a Q � y� Nu VI N N � N •fn (n f�/� VI Vii �Vi � � VI [r o 0 0 G o 0 0 0 0 00 G o 0, a o o a w w w w w w w w w w w w O O � O O O O O V .VV++ .V.+ aV.+ 2 . U CVC V .V+ c0 cC ro "m ro ro ro cl 11 cd G ro U U U U U V U U U V U w w ^. I w^ w w — w^ w w > z z > > z 0 v U U U C7 U U U U U U U C7 C7 U Q w v c v v v% vi w) u, w) W) vi t n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ir O O n a O W CN r W N O, RIn N O cc A C C L cc oc) ° Cq ob is > ea ° Z Qj Cly `~ 0.81 c cci A d z x U A Cd7 M Y y' o a� � a Cn � c •fl � _ ro - d � ° � a U z a eq $ w x Z c7 x > u aee. R. :0 `° O at U W o � � O a°i a0i coq � � v � Z � eu0 � L C � ~. a,+ C y �,' 9 � •p � � x a1 o w v 3 a 3 a w w x x x 3 v w u w v T Q` cl O O O O C O O O O (ti O a'i O �v rn �o oo W M l� vl Cl O N N N M r) b �L Q •� O O O O O O O O O 29 rn 00 rn a 00 v c O W N M U � 69 69 fff �, . y s ON N ti ►7 00 00 N F U O O O O 7 C1 O1 eli U N (CSV M U ❑ O coq Els o -v >00 o CL n h al w qIt Q lr p Vj 04 n w A A A A y w a o 0 0 0 ° w 1'' q p W O ca m co U 3 C ¢ Y w 00 N w co a � b N it 0.1 NO 70 0 Ix H �I y N tUry ti •0 '�. O C Z tol cc a y � � � p •� +.+ Y • 0 at > > 1 Z m w v ¢ wx ww I oax p >. 0 CD > > i (r o0 N In 30 City of Atascadero Investments by Type July 2005 Government Securities Certificates of Deposit 22% 26% Cash with Fiscal Agent —41 du s �r 57:;, Other _ 1% T" � ' r z 'x a .; ,5�' K4 LAIF K r LAIF 51% Investment July 2005 LAIF $ 15,174,528 Certificates of Deposit 7,733,094 Government Securities 6,669,358 Cash with Fiscal Agent 145,946 Other 294,776 $ 30,017,702 Page 11 of 14 31 City of Ataseadero Investments by Maturity July 2005 One to Five Years One Month to One Year 45% 3% On Demand 52% Investment July 2005 On Demand $ 15,469,304 Within One Month - One Month to One Year 930,100 One to Five Years 13,472,353 $ 29,871,756 32 Page 12 of 14 City of Ataseadero Investments by Custodial Agent July 2005 RBC Union Bank Dain Rauscher 41% Penson 5% Financial Corp 3% FSS x. xd 1gS Bank of New York 0% City Atascadro 0%e State of Califomia 51% Custodial Agent July 2005 State of California $ 15,174,528 Penson Financial Corp. 986,637 RBC Dain Rauscher 1,392,310 Union Bank 12,269,181 Bank of New York 145,946 City of Atascadero 49,100 $ 30,017,702 Page 13 of 14 33 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Month Ended July 31, 2005 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% y 1.50% 1.00% 0.50% 0.00% O� O� Oh O� O� Oy Oh O<0 �O �O �O �O �O �O �J�a J5'` ,oec opet ,pet ,pec Jai Jai at�r PQM\ dal )oo � O - City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield July 2004 August 2004 2.38% 2.51% September 2004 2.46% 2.53% October 2004 2.57% 2.58% November 2004 2.48% 2.85% December 2004 2.59% 3.01% January 2005 2.69% 3.22% February 2005 2.77% 3.38% March 2005 2.89% 3.73% April 2005 2.99% 3.65% May 2005 3.08% 3.64% June 2005 3.28% 3.64% July 2005 3.34% 3.87% Q, 34 Page 14 of 14 ITEM NUMBER: A — 5 DATE: 01/10/06 1918 1979 it h. Atascadero City Council August 2005 Staff Deport - City Treasurer August 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for August 2005 REPORT IN BRIEF: Cash and Investments Checking $ 649,426 Money Market Accounts 350,698 Certificates of Deposit 8,221,184 Government Securities 6,669,358 LAIF 13,774,528 r* Cash with Fiscal Agents 351,198 Cash in Banks at August 31, 2005 $ 30,016,392 Deposits in Transit Outstanding Checks (558,870} Cash and Investments at August 31, 2005 $ 29,457,522 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 08/19/05 Suburbank Bank &Trust CD $ 98,000 08/19/10 08/24/05 Resource Bank CD 97,000 08/24/09 08/26/05 First Bank of Puerto Rico CD 97,000 08/26/08 08/26/05 Independent Bank CD 98,000 08/26/08 08/26/05 Salin Bank &Trust CD 98,000 08/26/08 Securities Matured: None Securities Sold/Called Prior to Maturity: None 0 Other Reportable Activities: None Page 1 of 15 35 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF A UGUST 2005 0 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at August 1, 2005 $ 740,625 $ 29,871,756 $ 145,946 $ 30,758,327 Receipts 1,453,769 56,012 327 1,510,108 Disbursements (2,430,043) - - (2,430,043) Transfers In from Redevelopment LAIF 178,000 - - 178,000 Transfers In 1,950,000 1,038,000 204,925 3,192,925 Transfers Out (1,242,925) (1,950,000) - (3,192,925) Balance per Banks at August 31, 2005 $ 649,426 $ 29,015,768 $ 351,198 30,016,392 0 Deposits in Transit - Outstanding Checks (558,870) Adjusted Treasurer's Balance $ 29,457,522 36 Page 2 of 15 00 00 O, Cl 0 0 0 0 0 0 0 0 0 N rn oo O O O O O O O O O O vi C, O O O O O O O O O O O W 7 O Oi o1 r G, c/1 Oi CN ON D\ r n ON rn o Coll a o a rn o rn r M a N ro ce A R cd cd 0 c0 ctl m cd ct cd aq 00 oo O1 OO O O O O Cl O O O N rn co O Cl O O O Cl O O O O c/1 llO O O" O O O O O O O O d o 0 o rr" M v o o rn o a o a c o w L CIS q o 0 0 W) W) a o 0 0 0 0 0 n 'vi vi o 0 Cl In W V N N N M oo O O oo O D q 0 0 0 0 0 0 0 0 0 0 0 O O Vl Vl� m O O O n N M oo O O oo O ,O � c N O W cG ctl cd cC ctl ro cd cd ctl ro cd c0 ctl w Er tiLlIn y�♦�y W� o,o � O O O O O O O O O O O N d O N GJ O N d N O W W W W W W W W W W W O O O O O O O O O O fr .0+ .O+ a0+ a0+ «O+ .O-� W > w N W u cE Q cd cd cd cE It u t0 v v v v v v � v � v U u u u u u u u u u M N N N N N N - N N N O O O O O O O O O O O V V c0 rz — N N �O q O L cc y y ylw QLn C U ` z CA U p� b cr Q ° a e > Z °on 3 A ° a ca rn ¢ aw A � 3Q � av aaa oa as va 04 ti r Inw) Lr) vi W) W) ►� � � � � O M M O O � O r N N O O 37 c C, O o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o c o 0 0 0 0 0 0 0 0 C C 0 0 0 0 C C o v ty ty a o o; vi vi vi o o r a. vi N d' Q` O, C1 ON C> CN D, ON a, CNN ti cl 6A a � A O O O O O C C O C C C O O O O C C O O O O O C C O 0 0 0 o C o 0 0 C 0 0 0 0 0 o r o In vi In o o, r o v o �Ww W` o cO o, c1 O1 0, O� O C, Q1 Cl C, o V` fy q 0 C 0 C C 0 0 C C 0 0 C C W) o w) o 0 0 0 0 0 W 14 C o 0 C o 0 o C C o C o (r O I O .�-. V'1 O h Cl O O o O O O O O O M M m V 7 V m h A rY O L4 V O od co W h j 0 0 0 0 C o 0 0 0 C U o ❑ a a a a a a a a o a o WCa A C� A A 4) Q Q Q A co co ca w w w w w w w w w o o ani a aa) v ani o ani u ) v o L) C7 U U U U U C7 U U U U C7 W V 7 M d' N N N O N N N N V O O O O O O O O O O O O O M N N N Q O O Q r oo �C oo 06 oo oo oo O O O O O O O O O O O O O y � cc �°^ U o eq Cr7 = N C Lr) oro Q «ol oo �? h C X07 N u m c = H o C x d M •y ,� = c d' d 000 0 o F Ca so U Q t w 6cc cc Qd ag a ao ee o s o n O t cc c ° � L o i d Gs. U W U U U F O Z cn F x Oa Ls+ U U O ., Z U W k. U r r r r r r r r r r r r cy o o _0 0 0 0 0 0 0 0 0 0 0 oc Q .- N c•1 lo oo W oo oo oo cl cl T U O O O O C O C O O O O O 38 0 0 n o 0 o O Cl 0 0 0 0 n h O O O O O O O O O O O O N 4l 00 vl 00 �O V D\ Q` N T CT CT 0 ti 5q "� cC cC � cd cd cd td «t R1 fd ca RS V1 0.1 O Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O [� CT O 00 CT t— n r- CT vi oo CT rn O o. rn D\ CT CT CT Q` CT D\ rn fy 69 Q o 0 0 0 0 0 0 0 0 0 0 0 0 Cr v1 v� rt h O o0 00 M M M M m 7 M m M W 0 0 0 0 0 0 0 0 0 0 0 O O O O h Cl O fyV O� v� O � h o 00 0o m M O O A a cLQ cc co co m W V ti V1 N � V� fA V� V1 V1 (A h V1 V1 fA [. o o q o 0 0 0 0 0 0 0 0 0 V � � a a ❑ a a a a a a a a a a ho o G o 0 0 0 0 0 0 0 0 0 W64m m o uv v v v v v v v U U C7 U U U U U U U U U U Q W N N �Y et N N N N m 'IT •Zt - V' O O O O O O O O O O O O O Q Cl O n O O Onr ..• '. �. ,_,� O O Cl oo 9 G O rn O y bA W Rcc oz q a e c m m U C7 a a < a ca .�. C. U v.. O ` l� O t4. A a° Z � � o c 3 0 Z U �/-. Ji 'O bA L a 'O �y cC ", W O f! O O F" N •R" O oo ti � • L .0 6) 60. w � rcU wU aHY QH L) U .. x U- u Ly o 0 0 0 0 0 0 0 0 o 0 0 o A a, O O 39 Cl o C14 o O o 0 0 0 0 C` 0 0 IN 0 0 0 0 0 0 0 0 0 0 0 0 GL, u4 00 00 00 O V N r- O O O O� M a1 O C, a, Q, N M O O N M M M Ln Ln U j ti 1y. 00 �u mss.• `n O 00 � h Q O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 00 00 O O M O, N 69 N O O O O O O O O V'i O 00 .-. M M M [y \ fV M M 7 M m Ln o Q N cd cC �. of co �. In ^i fry Q d Q Z Z 'L Q Q ��• Q Q o � cn � Ln ca tv to �" ao :3 aoi ; ao❑❑i :3 :? :' a� a� °�' a� a� U U p U U W U U > > > > o of o ani o o o 0 C7 U C7 U C7 U U U C7 C7 U C7 C7 e W M �• �• d• M m M M M M M M M O O O O O O O O O O O O O Er Q O V1 D �h 'O o0 O O m N O N O O m O O O O O O O O O O O O 0. o d o U CIO co " 0.1 CC Ra CC (r C o M C c c V ti u ON X d X as X > _ w M v M X d m M G �Oy .N-� ��Oyy (V '�� CG q ,Y., a �.py - �0 - � W m Qa .7'r M W py M C (�i� O W M x. M Ca b b � a b 6i q it v, O XpG, xk F. i . O ca w L i-a O W L O !d '� i. a L y L q it w C w v cxi 'd0 Ul 9 Q 6 q b N 'o 5ad V) .� ro � � v m N O a9i 5 o a c o r u d o d � a wU as wU dx wU C7 aU Agin wU wU Ua wU w tir- 00 00 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 N N V 7 �O O� O O v1 00 O � � .-� N N O N O O ^-� M •--� N N M (, 7 O O O O O O O O O O O O 40 C) 0 0 0 0 0 0 0 0 0 0 0 0 [ti o 0 0 o O o 0 0 0 0 0 0 0 0 0 0 o O O o C C C o O o OLl� Gy o; C, r- 00 00 a C, r- r o o Cr) vi o o rn o, a, o, o, o` o o a o, C, O W V a h ca cd ca cd ro ro ca � ro � ca � ro W V a � Q 0 0 0 Cl 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o C, r- 61) o7 00 o a r r" o 0 o v C, o, o, a a o C, Cl o 0 0 o a Q � w ss q 0 0 0 0 0 0 0 0 0 0 0 0 0 �l v, o 00 v o 0 0 0 0 0 Iv N M M N V1 DD v1 O N O ,OR 1-1� w 0 0 0 0 0 0 0 0 0 0 0 0 vi O oo vi O O O O O O v'i V1 N M M N V1 W V1 O N O \D V7 kn cb m al Id 0 A w H a O rl y N h N y V) N V1 to � V1 Vl fA [►i O O O O O O O O O O V a n a a a a 0 a a ❑ a a a w w w w w w w w w w w w 0 0 0 0 0 0 0 o c o 0 0 u s a ca a U M u u U v ro V U U U U U U U U U U vv C) o lu ani v U U U U U U U U U C7 U U U W M M In W) Ir kf) o0 ,O D \D r N O b Q �O O N N N N N M N 00 00 00 00 00 D1 O ...� h r 1' O O O O O O O O O O O t Ln O L U cd a 0 O C ca U o C L C C It FO a pa w ` c > A a,•C on� _ � 'b ° '� ° 'c a •� to 5 x M � a e � adx a4 z cccl 0.1 a ° 07 a ao E o i i, c P °' ea Oa i ro b UO 'O o , C °, i "� abi F ¢ 3 V) w" S x U a . 3 w w U U U a o w x � oc cc DO 00 00 00 00 oo 00 a, a, a, o; Gy O o 0 0 o O o 0 0 o O o o [r Wn oo c N o r c c rn C O _ 41 0 0 0 0 o O o O o v, o 0 0 0 0 0 o O o Cl o o r- O O o 0 0 0 0 0 C 0 0 0 of 0 0 0 vi r" o r vi vi o0 0o vi o 64 "� ro c\tl cG Ri at cd cd tt! R V1 ai N td O O O O O O O O O O O O O O Cl O O O O O O O O O O O O O O O O O O O O O O O O oo O aD\ � a\ Cl U O O � O 0, 01 O �r 69 W4 l!') V') V) O V1 O Vl I In O O V1 O In ri m ri ri m M M M �h M q h o 0 0 0 0 0 0 0 0 0 0 0 o M M M M M d' M M M In In �.r Ln .yam � •� •y .N •fA •Vl � N N N � N N N N O O CJ U N N GJ U N O U w w w w ) w w w w w U U U U U C7 U U U C7 U U C7 0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N O O O O O O O O O O O O O 0. 61 x a � a U x 0 _ 00 x " U ca x oo x d 9C z z s U z = fy c e °' U =°� e �° °rx v c o=n7 a �a� x # c c U � xm � `� q° x it o ctl L 0 i O : Ce A to ° ° o 0.01 Li U U 'wa 40Pw 3co wU UU w ad co i* 4ku zcn a, C, o 0 o a C, o a o cl a a CW o 0 0 0 0 0 0 0 0 0 0 0 0 fr o o t �' o In O In c b N N N N M M �\'1 �n V1 In ,R" Q O O O O O O O Cl O O O O O 42 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O" O O O O O O O O C, r oo Cr o r- rn o r r ch C, c; C, r- o 00 o o, o, o, rn C, V ; � ticy '� ro ro ro ro ro ro ro ro ro ro ro ro � W A o O o 0 0 0 0 0 0 0 0 0 0 0 0 o O o Cl 0 Cl Cl o O o 0 0 0 0 0 C 0 0 C 0 0 C 0 0 r 00 � r r o r r a o � o o, C, C, C, Cl a o. c, a a ds W Q o 0 0 0 0 0 0 0 0 0 0 0 0 v n n n v n o 0 0 o O� o O 00 u1 O h h ro ro ro ro ro ro ro ro ro ro ro ro M V V U U N ,•7•J� (� U 6J N 7) U Q Q Q A Q Q A N Q A Q Q Q O O O O O ro ro ro ro ro ro ro ro ro cl ro U U V U U U U V U U U U v U u v v v v v v v v v v Lr) I It) a xW o 0 0 0 0 0 0 0 0 0 0 0 0 h M Cl O �D V O N O ' O Q b r 00 O O Cl O O O O O O O O C h h y C L C 46 N Y E- G o R e7 x e w pa o a R C Z C° ool U Z M d G C47 •O o u U rocc ,yy .ro m e moo` z FL °o' C 61 E > U W •L O L .7 Q Ca L � v 3 x � V ro o 'on '� an >; � � � � d G a � � � a •o an wv� xz OU v� La c� > Urn wH c=, U Aw F3 xaa UC7 UO h a a rn o, a a o o a o o a o Gtr o 0 0 0 0 0 0 0 0 0 0 0 0 h M O O NT � N O O O O M M O N O O \ N _O Q' Q O O O O O O O O O O •-� •--� 43 CD O o 0 0 0 0 o N o o O o O o O o 0 0 0 0 �o O o 0 0 0 0 0 0 0 0 0 o r o 0 0 0 O Ly o C, t` 00 00 00 in t� of o r" t` 00 0 0, a o` v, o, o o o a o, o, ti N O j ti t» I* ro W V a � A O O O Cl O O O O O O Cl O O O O O O Cl O O O O O O O O 0 0 0 0 0 0 0 0 0 o O o 0 0 o t` 00 00 00 vi o o r; r" 00 U a Ln 0 a o, C, a rn o, o 0 0 o rn o Q � �L a Q o o 0 0 0 0 0 0 0 0 0 0 0 N O Cl In O Vl kn O V1 O O O O O N N V1 N m N m N A ti o 0 0 0 0 0 0 0 0 0 0 tio o n Cl n o 0 o v o n o n O O O O M N N Q" W o LIN [r C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 U V U U U U > > o 0 0 0 0 0 0 0 0 0 0 0 C7 U U U U U U U C7 u U U U W v v v-, W) vi to n Wn W) kn o to N r O, O R r o0 N �, 00 Fo N N •-+ O �•-� O N N N N O Q N N N N M 7 �° r O ci1. cc i Q w eu Ix ea IV r- Q IT, W � 8 w U W 0 0 ° d � v 3 Qd d o is wu 3 .va dw wx a xx 3v wu wu oar Ud w (. o, o, 0 0 0 0 0 0 0 0 0 0 0 Gy _o 0 N N N O N N O O O O O O O O O O O O 44 Iz z o 0 0 CN C, = 0 0 - a o M M M ° W N N . N O � � O 00 ty N a 1-4 .. Fs, o Fes+ ti O O O 00 00 M c U 0 0 o0 00 00 v o U o y VO M M M ❑ .C.' LQy Q N N U U b .b In ON 'C q o 0 0 o 00 V M Ln L1 OQ„ cd Q W d �? o R Q4 A y v ~ Ln H Z d o > O ZI b A q Q o � va G d 4. ca Cd Cd U U U H Y d W y w O Qty o 0 0 •� � o Q o 0 0 0 :ti o U .0 o �O y, Avi O O M001 •� 0.1 7 Q o ,.! •� Ln w Q x Q y w Co co W 0. To 1 x � ct l > c > [r o 0 o r � s1. .fir N A o 0 0 m a . a� w d 3 u H 45 City of Atascadero Investments by Type August 2005 Government Securities 23% Certificates of Deposit 1,, Cash with 28% Fiscal Agent 1% r , Other 1% erg LAIF 47% Investment August 2005 LAT $ 13,774,528 Certificates of Deposit 8,221,184 Government Securities 6,669,358 Cash with Fiscal Agent 351,198 Other 350,698 $ 29,366,966 46 Page 12 of 15 City of Ataseadero Investments by Maturity August 2005 One to Five Years One Month 48% to One Year 3% Within One Month 0% On Demand 49% Investment August 2005 On Demand $ 14,125,226 Within One Month 49,189 One Month to One Year 881,000 One to Five Years 13,960,353 $ 29,015,768 Page 13 of 15 47 City of Atascadero Investments by Custodial Agent August 2005 RBC Union Bank Dain Rauscher 42% Penson 6% Financial Corp. 4% a. Bank of New York 1% City of Atascadero State of California 0% 47% Custodial Agent August 2005 State of California $ 13,774,528 Penson Financial Corp. 1,180,641 RBC Dain Rauscher 1,686,311 Union Bank 12,325,099 Bank of New York 351,198 City of Atascadero 49,189 $ 29,366,966 48 Page 14 of 15 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Month Ended August 31, 2005 4.50% 4.00% 3.50% - 3.00% 2.50% 2.00% 1.50% 1.00% . 0.50"/° , 10.00% tippy rLpp� ,LOp� LOpx �pp� rypp� rypp� LO& �pI& �p0� ,LOp� �pph �pph PJAJS SeQ�e��e '0 ee O�Ge��et �at`J�� z°tJa� F ` City Yield 2-Yr TreasuryYield 2-Yr Treasury City Yield Yield August 20042,38% 2.51% September 2004 2.46% 2.53% October 2004 2.57% 2.58% November 2004 2.48% 2.85% December 2004 2.59% 3.01% January 2005 2.69% 3.22% February 2005 2.77% 3.38% March 2005 2.89% 3.73% Apri12005 2.99% 3.65% May 2005 3.08% 3.64% June 2005 3.28% 3.64% July 2005 3.34% 3.87% August 2005 3.45% 4.04% Page 15 of 15 49 ITEM NUMBER: A — 6 DATE: 01/10/06 . as ■ ■ � �EBoj Atascadero City Council September 2005 Staff Report - City Treasurer September 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for September 2005 REPORT IN BRIEF: Cash and Investments Checking $ 542,813 Money Market Accounts 383,591 Certificates of Deposit 8,416,003 Government Securities 6,669,358 LAIF 12,579,528 Cash with Fiscal Agents 146,617 Cash in Banks at September 30, 2005 $ 28,737,910 Deposits in Transit - Outstanding Checks (1,128,257) Cash and Investments at September 30, 2005 $ 27,609,653 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 09/06/05 Cowlitz Bank CD $ 97,720 11/17/06 09/07/05 Bank of St. Petersburg CD $ 97,000 09/07/10 Securities Matured: None- Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Page 1 of 13 51 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF SEPTEMBER 2005 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at September 1, 2005 $ 649,426 $ 29,015,768 $ 351,198 $ 30,016,392 Receipts 1,226,073 32,992 364 1,259,429 Disbursements (2,659,966) - (204,945) (2,864,911) Transfers In from Redevelopment LAIF 327,000 - - 327,000 Transfers In 1,595,000 594,720 - 2,189,720 Transfers Out (594,720) (1,595,000) - (2,189,720) Balance per Banks at September 30, 2005 $ 542,813 $ 28,048,480 $ 146,617 28,737,910 Deposits in Transit - Outstanding Checks (1,128,257) Adjusted Treasurer's Balance $ 27,609,653 52 Page 2 of 13 00 � Oli Obi V N f� W 00 h M V O O Vt N �D W l — N N M OO 10 10 l� 00 V 0\ W W 00 W V1 � 7 Vl Ol U Q\ N M ss N O O O O O O oo O O O O O N O O Q\ D\ 0\ C 0\ T T D\ Q\ C� O D\ vl � N ro ro ro ro n ro ro ro ro ro. ro ro ro � o ro � �F Z C C �L �F � C 1❑ ? �C �L � � N a O O O O O O O V? O O O O O O N O O O O O O O O Q V N rn C7, rn rn ClV 0�1 rn U rn O rn 0 a W � — v o 0 o e o o e o 1 o e o a o a o O ; LZ Z, � O C O oo O �D O M M M M V M C V M 7 M M M M M L y F U ti h � c � �c c c c � � ? �❑ � � � `� � td ro ti LL O O O O O O O O O •O p � aQi a❑i v aRi ami a❑i o0.i Gi aAi ami aAi o u�i o a� W a❑❑ Q Q Q Q Q Q Q Q Q Q Q q E q > w ro ro ro ro ro ro ro -ro ro ro ro ro —❑ � v O v v v v v O v v o v � v ~ v v L) u U v u c7 U C� °V td N O O V -It �o U �' ��' ❑ M M O O N N O M O N O O O Cl L 01 Fes+ a+ _ 2U U a = •'� a'C y � -= �v c 'd Y � � � x d � � °o � � � v Al � �o u °� _ °° y � w as qc7 3q � cn C7 C7 aU v� d a1 c. Oa O � Ua wU U � wU UU d Ly �„ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 53 G h v = �7 c v N v rn a M M o o C o0 N O rn rn O o6 Co 7 N V1 n N vl r b vt D\ 01 0\ Q` 0\ Q\ D\ M N N b9 O O O O O O O O O O O O O O O O O Z O O O O O O O O O V O O lc� O O O O O LyVi V1 h O r D` n Oi V1 D` U a D, T 0\ Q\ D` Uz U ti �Y A 0 o O O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U W� rn rn a rn rn rn rn rn o rn rn o rn a rn rn Q yIT M M o 0 0 o e o o e o o e o e o 0 0 0 0 M R V V M C 0 fy O W ^' V •7 'V f'�I V V 'Q •d' Rl M M M Hl M R 1+1 1yGu y ti N 0 0 0 'C� 0 0 0 .o o 0 0 0 a a a a a a a a � a a a a a a A A A A Ln A A A A A A W w w w w U U U U C7 U U U U C7 U U C7 U U U U O a Q W o0 00 00 0o Ol a, r O O n O O O Cl 9 a O a o i e s F U a A m y W = U o � o d � m � o � R � W ce '•T s a W ` � F � cd It x U � o oN oU M o x o E o O o c 3 a _� N q E C W z A 9 o s 7 E 0 o v d �' E v cn w Y Y A E •o d o b o ^ a.-• > `tl7 ,L " o d O y a o i `� m '• i a+ O i o o :c o z as U U U W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N rn 0 0 �+ N O N N M O l0 00 00 pp pp W U Q\ O O Cl O ,Q' Q O O O O O O O O O O O O ^ 54 O h i�l o = rn v M N 0 m G v oo rn o N O \D o0 r 7 m r o0 00 00 1p M N r N �D M M r N N C r Vi N v ar 00 W o0 00' V �D Ly y _ D V C 1_, W O !Ciy' Vl �D N vl Q\ Q\ U Q`. 0`M Vi 7 O� �D N 7 V 7 �O oo O D` � N D\ Q\ D\ V M D\ Q e N m N N M 69 F Z 00 00 O O O vt O O �N+ O O O O O O O O O O N Cl O O O o O O O O �O O O O O O V1 O O N O O O O O O O e( OW r C, - 1O 7 O r r r O 00 00 O Vl N D` U O+ D\ 0, O C, M D\ O ULn to� O �tl U � ti yj N N N �d ttl � N �tl pp N N �tl `N ttl N N .'� � � � c c ,c � � 2 � � ❑ c ❑ c � c m O C 4 U A C) O O o 0 0 o O o o 0 0 o O o Cl o O 0 0 0 0 0 O o 0 o O o 0 0 0 O o 0 0 0 0 0 o O o O o O o 0 0 0 0 0 U a C, rn rn rn rn rn o rn a rn o rn rn rn v 4 va A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Wo 0 0 o o 10 0 0 0 0 0 0 0 0 q a o W ti O o v, O O U 0 0 0 a = = a a. a a n. a a c. n. � a. w w w w w w w w w w 4 0 0 0 0 o o o c o 0 0 o q c o 0iNE E w E E w > x > E > f z > > ~ u U v v CD U 0 � c7 u L v c7 0 v W Cl h b — V b 00 O O vt N ID O 7 in z z l5 IO O O O O O O O O O O O O a a c Y U U eE O � etl O bD i' C C A Al Q o 0 W o v; W ` o a c .Mm. c .mm. ow Q U oo u o o a xM hL c F pd 3 a w � is ew � a ou ` a o 3 W �°, icn i � d e°a c°d k '�' y o d y 9 V) a .G 7 b 9 a o c y ,b Vi v � Pa m o o d 0 v � E o d 0 0 o n m ] u o UU U3 xC7 U Cox wU ::� w WU Qw 4. L) C7rn wU wU Ua r r r r r r r o0 00 co 00 00 oo oo oo Ly O o O O o o O o O o O O O O O O O O O O O O O O O O O 55 O 10 .-. 00 10 O N h M � V v N •-• lc cl� m oo U � z j O � � '"' � W V1 lam. 7 �D f� vt r m 00 O r W M O ^ •-+ O W 10 b of of of O. 0` T of ds o 0 0 0 0 Cl 0 0 0 Cl 0 C, 0 0 0 0 0 CD o O o o o O o 0 0 0 0 0 o O o 0 �n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fy cy C o rn a� o0 0o rn o, o o; o\ vi h r p rn N rn H O U � � o v a � O O Cl O O O O O O O O O O O O o O o O o 0 0 0 0 o O o 0 0 0 0 Cl 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oc, C, ool Qy W 0 0 Cl 0 0 V1 CC Vl O N O 1p W ^' U o oy 0 0 0 0 0 0 0 0 0 0 _0 0 0 0 0 0 00 � W � � � Ki ri ri M v e� v �+i �+i ri v v •c M ri M ri y V o 0 0 0 0 0 0 0 0 7 Q 1 Q a 1 W ww w w w w w w w w w w w w ID o 0 0 0 0 0 o o C o 0 0 0 0 v v o v v u v u o w W W c^ W Z E E w^ � w 'f eq w^ w^ w^ > > > X X 0 0 v v v d u u u v o C7 C7 U U U U U U U U U C7 U U U U U O O O O O O O O N Cl Vt oo 10 10 M 0 ClCll 0 C, rn 0 0 o 0 0 0 0 0 0 0 0 0 a a � a Y 0 u m oo H , 'w o cn m e a m v Ci Q o = 2 mo C7 rr" Z w 0. 0.l c d LZ > > = — O b E n i ed o R b a. p p d .7 d N wU W. L) - ¢ 3 � wn � x v, � � � v 'a v3 wU vU Qo wx wc� 5U Fes. 00 00 00 00 00 00 ao 00 00 00 00 C) ''•�Lt [y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F. oo O O 56 j V vi Q` e 69 O O O O Cl O O O O O O O O O O O r O O O O O O O O O O O O" O O O O O o? O O O O O O O O O r ro ofC, m oo vi o" r r t� oo r r o, o. o. o` o, o a, o, o, rn o, o, V1 N M Ln Ln U � � ti 4 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ty r r r o vi vi o oa h o r r r' oo r r W rn o, rn o rn o\ Cho rn C, o o\ rn C, C, rn o � e c o 0 0 0 0 0 0 0 0 0 0 o e o 0 o a O ` v'i M p V1 vi vl Vl r O N M N N N U V41 A 4 � m Ir e V'1 O Vl O V'i V1 O O V't O O V� V'1 Vt �1 Vt V1 n r Ery WV a a 41 J rr ti 0 0 0 a c a a a a °a. a aai a¢i aAi � aai aai aF'i v w v v d m v v v d w w w w w w w w w w w w w w H W a' O O O p O O w w w U U U co U U U (7 U U C7 V U U U U U eIQ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O 4 a a Y a � a � G asu ° Q 10, > .� o z 8 c £° c R1 . a G d _m 7 a ti x u c E c U x u m x U : ° a m Y 9 Ln 8 ,`v U a •o b L � 5 � � b cn E F � a `o r � � m 3 9 `� 'u � 3 •o � >, v 50 o i o ro a 0 d 0 A n o d a m � �i Z O U rig Q C > U wa wa. 3 v, wv L) L) z t••� w � � wv v, 3w w U wv) - ry Ir V V of O V� O N �O vt O+ EO M O O d' N CD C,c r R Q O O O O O O O O O O O O O O O O O 57 A h rn m v o o = N 6 o C p oD lD ,D � O 00 O Q` lc M 00 M d' eF O D\ D\ O N U V1 T ,O } N 6A O O O O O O O O O 0 O O O O O N O O O O O O O O Cl O O O O O O O I O o O O O o 0 0 0 0 0 0 0 0 o o n o o r" a\ o rn m m oo vi o" p p rn o o, rn o C, rn o 0 C, o, rn o, o of moo, o O �1 ti yy U v ti C C 0 0 0 o O o o O o o O O O O O 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r' o o, o o, r" co oo" co v, r 0 0 U j o O C, C, o, o, o, o rn o 0 o rn rn of o 0 Q a ea q o e e o a e o 0 0 0 0 0 0 0 0 0 0 7 Q � � 0 0 a D` O O; oo Vt O O O O O O N N N M v v v � v v v v v y J Zl 0 0 0 0 0 o 0 0 0 0 .o a a a a a a a a a a a a a v W v C6 vi q W W W W W W W W W W W W W o 0 0 0 0 o c o 0 0 o 0 0 0 e v v a v v v w W W W W W y o d v m u v o v v v v m U C7 U U U U U C7 U U U U U U U C7 C7 Q W o o 0 0 0 0 0 o O o 0 0 0 0 ,o b O N Q O, `D O 0 O O U 0 O O Vt .N. N N N N M ,O O O O O O O 0 O O O Cy Y p Y G a A a a y y y Z d Q w O d 0 pp F bD w O •� C ti �0 m 00 O A A M a C7 9 750 . Z x i ai o _ F u •a a A a ° °° > � VA b 0. b y � E y .°.: Y d � 1� �' � u o o •V .C '" ° d c/7 Y !n A so. d d es`e r wH wU aw H3 xa, Uc7 Uo wU3 a3 dw iwx x xx $ U wU wU o, a, o, o, a, o 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 izz O, h O O C O O 58 C h a o N O 4 0 0 V va 66 ID 0 O h M 01 D\ O 10 b � ol Vr h vi CD ti ►� � D\ D\ D\ � Q` �of 7 � V O\ a h 00 N ^ N fA Fq fA F O O O O O O O o0o h h T O w h W m W m h W b N D\ 0\ -It F F o O w N N U 6m O N O � 1 �L' ry +' N N or A Gn V y Ci E 0 0 0 0 0 o O 0 h o b O O O O O O0 7 �O lO O U ,�' p U V a 0\ ON rn (71 C, a o v c U p 0. W , N N O va va ss p O �.•- ~ > c ¢ a o Cd w b �, m 0 0 0 0 0 0 0 �+ °� 3 F F �n o vi o o r v� n �a m y ❑ � o d Q' N rl N V rel V't �D Z --a � ti T N > a` 0. U O 4Ni a? b O F � 0 a00i � d d v w a .d W W w W W pp d F � O O O O O O •3 Ly O O O o O O .d y G In 0 r r h o0 01 O b O 0 O O O O Cl O U U Q O G ca W U U M a E o d In, a o F m >, N b aim vas � � x � ww m° w mv, � mx � �, � w ���✓ v � E •G � o o o o 0 0 0 = ` •. 0 0 0 0 0 o o Z � d •v i itl � C 59 City of Atascadero Investments by Type September 2005 Cash with Government Securities Fiscal Agent 1% Other 24% 1% f a LAIF Certificates of Deposit 44% 30% Investment September 2005 LAIF $ 12,579,528 Certificates of Deposit 8,416,003 Government Securities 6,669,358 Cash with Fiscal Agent 146,617 Other 383,591 $ 28,195,097 60 Page 10 of 13 City of Atascadero Investments by Maturity September 2005 One Month Within to One Year One Month 3% One to Five Years 1% 50% On Demand 46% Investment September 2005 On Demand $ 12,963,119 Within One Month 196,000 One Month to One Year 734,288 One to Five Years 14,155,073 $ 28,048,480 Page 11 of 13 61 City of Atascadero Investments by Custodial Agent September 2005 Union Bank RBC Dain 44% Rauscher 6% Penson Financial Corp. 5% xh Bank of New York 1% City of Atascadero State of California 0% 44% Custodial Agent September 2005 State of California $ 12,579,528 Penson Financial Corp. 1,277,646 RBC Dain Rauscher 1,784,031 Union Bank 12,357,987 Bank of New York 146,617 City of Atascadero 49,288 $ 28,195,097 62 Page 12 of 13 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Month Ended September 30, 2005 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% " 1.50% 1.00% 0.50% 0.00% OOp OOb OOR tiOOx OO4j OOg OOh 004 OO4j OOh OOt� 004j OOh �1 <l �`L � 'L `L rti xe�`J�� O O Q 5 City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield September 2004 October 2004 2.57% 2.58% November 2004 2.48% 2.85% December 2004 2.59% 3.01% January 2005 2.69% 3.22% February 2005 2.77% 3.38% March 2005 2.89% 3.73% April 2005 2.99% 3.65% May 2005 3.08% 3.64% June 2005 3.28% 3.64% July 2005 3.34% 3.87% August 2005 3.45% 4.04% September 2005 3.54% 3.95% Page 13 of 13 63 ITEM NUMBER: A - 7 DATE: 01/10/06 n 1915 1979 A tascadero City Council Staff Report - Administrative Services Department October 2005 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2005. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 10/6/05 Checks # 21825 - 21889 $ 63,704.85 Direct Deposits 172,600.11 Dated 10/20/05 Checks # 21890 - 21946 61,263.13 Direct Deposits 178,486.59 Accounts Payable Dated 10/1/05 - 10/31/05 Checks # 102272 - 102703 & EFTs 382 - 384 1,728,439.34 TOTAL AMOUNT $ 2,204,494.02 FISCAL IMPACT: Total expenditures for all funds is $ 2,204,494.02 CERTIFICATION: The undersigned certifies that the attached demands have been released forp�yment and that funds are available for these dema�nds. t f Rachelle Rickard, Dir for of Administrative Services ATTACHMENT: October 2005 Eden Warrant Register in the amount of $ 1,728,439.34 65 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 382 10/3/2005 MID-STATE BANK Accounts Payable Check 210.59 102272 10/4/2005 PROGRESSIVE SOLUTIONS,INC. Accounts Payable Check 360.00 102273 10/4/2005 SOUTHPAW SIGN CO. Accounts Payable Check 6,417.13 102274 10/4/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 3,779.10 102275 10/4/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 3,672.00 102276 1017/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00 102277 10/7/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 102278 10/7/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 400.29 102279 10/7/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 102280 10/7/2005 EDFUND Payroll Vendor Payment 192.19 102281 10/7/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,693.30 102282 10/7/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,097.04 102283 10/7/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,445.38 102284 10/7/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 968.46 102285 10/7/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 102286 10/7/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,010 102287 10/7/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.1 102288 10/7/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 67,993.56 102289 10/7/2005 SEIU LOCAL 620 Payroll Vendor Payment 663.94 102290 10/7/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 383 10/11/2005 MID-STATE BANK Payroll Vendor Payment 41,118.92 102291 10/12/2005 AFLAC Payroll Vendor Payment 3,140.30 102292 10/12/2005 FRANCO BECHARA Accounts Payable Check 66.88 102294 10/12/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 86,192.08 102296 10/12/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,827.55 102298 10/12/2005 DELTA DENTAL,ATTN:ACCOUNTING payroll Vendor Payment 8,323.58 102299 10/12/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 968.07 102300 10/12/2005 UNUM LIFE INSURANCE CO. Payroll Vendor Payment 661.73 102301 10/12/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 57.47 102302 10/17/2005 A&T ARBORISTS Accounts Payable Check 2,850.00 102303 10/17/2005 A&T ARBORISTS Accounts Payable Check 1,092.50 102304 10/17/2005 ADVANCED SOUND&IMAGE Accounts Payable Check 892 102305 10/17/2005 AHERN RENTALS Accounts Payable Check 3,447.4 66 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check tuber Date Vendor Description Amount 102306 10/17/2005 AHERN RENTALS Accounts Payable Check 289.79 102307 10/17/2005 AIRGAS WEST Accounts Payable Check 56.84 102308 10/17/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 881.65 102309 10/17/2005 JOE ALLEN Accounts Payable Check 140.00 102310 10/17/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 7,979.00 102311 10/17/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 2,300.00 102312 10/17/2005 ANTECH DIAGNOSTICS Accounts Payable Check 611.50 102313 10/17/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 307.15 102314 10/17/2005 GINA ARIAS Accounts Payable Check 14.18 102315 10/17/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 42.50 102316 10/17/2005 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00 102317 10/17/2005 ATASCADERO FORD Accounts Payable Check 2,006.86 102318 10/17/2605 ATASCADERO HAY&FEED Accounts Payable Check 16.62 102319 10/17/2005 ATASCADERO HAY&FEED Accounts Payable Check 15.25 102320 10/17/2005 ATASCADERO MAIN STREET Accounts Payable Check 500.00 102322 10/17/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 12,362.90 0 102323 10/17/2005 ATASCADERO NEWS Accounts Payable Check 2,521.97 102324 10/17/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 522.00 102325 10/17/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,524.00 102326 10/17/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,068.36 102327 10/17/2005 AVAYA INC. Accounts Payable Check 22.42 102328 10/17/2005 TIFFANY AYLES Accounts Payable Check 270.00 102329 10/17/2005 ROBERT J.BAGBY Accounts Payable Check 366.15 102330 10/17/2005 ALAN BAKER Accounts Payable Check 213.99 102331 10/17/2005 ANN BANKS Accounts Payable Check 275.00 102332 10/17/2005 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 3,963.96 102333 10/17/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 113.37 102334 10/17/2005 AMY M.BEEMAN Accounts Payable Check 227.85 102335 10/17/2005 CINDY K.BENSON Accounts Payable Check 1,099.00 102336 10/17/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 33,258.49 102337 10/17/2005 TOM BIRKENFELD Accounts Payable Check 220.00 102338 10/17/2005 BLUEPRINTER Accounts Payable Check 16.09 102339 10/17/2005 JEFFRY L.BROMBY Accounts Payable Check 140.00 102340 10/17/2005 CASEY BRYSON Accounts Payable Check 100.00 102341 10/17/2005 BURTON'S FIRE,INC. Accounts Payable Check 60.47 102342 10/17/2005 CANDACE BURTSFIELD Accounts Payable Check 668.25 67 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 102343 10/17/2005 DARIN CANDIFF Accounts Payable Check 51095.19 102344 10/17/2005 CANNON ASSOCIATES Accounts Payable Check 1,080.00 102345 10/17/2005 CARL WALKER,INC. Accounts Payable Check 1,647.33 102346 10/17/2005 JALAINE CARRITHERS Accounts Payable Check 41.31 102347 10/17/2005 CED Accounts Payable Check 20.84 102348 10/17/2005 CENTRAL COAST PLUMBING SUPPLY Accounts Payable Check 4.70 102349 10/17/2005 CENTRAL COAST R&R LOCK Accounts Payable Check 64.13 102350 10/17/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 1,710.00 102351 10/17/2005 CHEM CLEAN Accounts Payable Check 528.69 102352 10/17/2005 CHEM SERVE Accounts Payable Check 143.71 102353 10/17/2005 CHEVRON Accounts Payable Check 933.99 102354 10/17/2005 CHICAGO GRADE LANDFILL Accounts Payable Check 200.00 102355 10/17/2005 CINGULAR WIRELESS Accounts Payable Check 24.57 102356 10/17/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 80.44 102357 10/17/2005 COASTLINE EQUIPMENT Accounts Payable Check 342.67 102358 10/17/2005 CONOCOPHILLIPS Accounts Payable Check 4,241.85 102359 10/17/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 314.5 102360 10/17/2005 CTM GROUP,INC. Accounts Payable Check 200. 102361 10/17/2005 CUSHMAN CONTRACTING CORP. Accounts Payable Check 35,494.00 102362 10/17/2005 DALLAS CROWN,INC Accounts Payable Check 541.13 102363 10/17/2005 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 190.00 102364 10/17/2005 BRIAN DANA Accounts Payable Check 110.05 102365 10/17/2005 DATANET SOLUTIONS Accounts Payable Check 6,977.94 102366 10/17/2005 DAN DAVIS Accounts Payable Check 599.20 102367 10/17/2005 DECOU LUMBER COMPANY Accounts Payable Check 51.76 102368 10/17/2005 DECOU LUMBER COMPANY Accounts Payable Check 47.40 102369 10/17/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 747.26 102370 10/17/2005 DESTINATION DEVELOPMENT,INC. Accounts Payable Check 6,650.00 102371 10/17/2005 EARTH SYSTEMS PACIFIC Accounts Payable Check 3,097.00 102372 10/17/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 32.90 102373 10/17/2005 EL CAMINO VETERINARY HOSP Accounts Payable Check 210.56 102374 10/17/2005 ESCUELA DEL RIO Accounts Payable Check 129.60 102375 10/17/2005 EXXON MOBIL Accounts Payable Check 33.00 102376 10/17/2005 FEDERAL EXPRESS Accounts Payable Check 134.09 102377 10/17/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 1,183 68 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check tuber Date Vendor Description Amount 102378 10/17/2005 FERGUSON ENTERPRISES,INC. Accounts Payable Check 557.53 102379 10/17/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 146.44 102380 10/17/2005 FGL ENVIRONMENTAL Accounts Payable Check 296.60 102381 10/17/2005 FIRSTLINE,LLC Accounts Payable Check 176.96 102382 10/17/2005 ROBERT FISHER Accounts Payable Check 1,235.50 102383 10/17/2005 FIX PAINTING CO. Accounts Payable Check 43,500.00 102384 10/17/2005 FOOD FOR LESS Accounts Payable Check 180.99 102385 10/17/2005 GAS COMPANY Accounts Payable Check 379.58 102386 10/17/2005 GEM AUTO PARTS Accounts Payable Check 213.71 102387 10/17/2005 MIKE GIL Accounts Payable Check 516.00 102388 10/17/2005 GILBERT'S LANDSCAPES Accounts Payable Check 225.00 102389 10/17/2005 KELLY GLEASON Accounts Payable Check 10.70 102390 10/17/2005 KENNETH GLYNN Accounts Payable Check 396.20 102391 10/17/2005 GRISANTI HARDWARE Accounts Payable Check 80.97 102392 10/17/2005 H.D.PETERSON Accounts Payable Check 1,956.87 102393 10/17/2005 VOID Accounts Payable Check 0.00 102394 10/17/2005 HAMON OVERHEAD DOOR CO Accounts Payable Check 240.03 102395 10/17/2005 BRIAN J.HAMPTON Accounts Payable Check 204.00 102396 10/17/2005 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 360.43 102397 10/17/2005 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 253.62 102398 10/17/2005 HELPING HAND HEALTH EDUCATION Accounts Payable Check 145.00 102399 10/17/2005 MEREDITH HENDRICKSON Accounts Payable Check 243.06 102400 10/17/2005 HENRY SCHEIN,INC. Accounts Payable Check 38.92 102401 10/17/2005 GENE HICKS Accounts Payable Check 220.00 102402 10/17/2005 APRIL R.HIGGINS Accounts Payable Check 234.50 102403 10/17/2005 JOHN W.HOUGH Accounts Payable Check 220.00 102407 10/17/2005 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 11,537.17 102408 10/17/2005 INFORMATION TECHNOLOGY Accounts Payable Check 227.42 102409 10/17/2005 IRON MOUNTAIN RECORDS MGMNT Accounts Payable Check 18.23 102410 10/17/2005 ISN GLOBAL ENTERPRISES,INC. Accounts Payable Check 2,500.00 102411 10/17/2005 J&S SWEEPING SERVICE Accounts Payable Check 880.00 102412 10/17/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,600.00 102413 10/17/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 28.00 0112414 10/17/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 31.37 102415 10/17/2005 L.N.CURTIS&SONS Accounts Payable Check 1,334.15 102416 10/17/2005 LANE-BRADSHAW INVESTMENTS Accounts Payable Check 1,683.21 69 City of Ataseadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 102417 10/17/2005 LAUTZENHISER'S STATIONARY Accounts Payable Check 421.04 102418 10/17/2005 LEMOS FEED&PET SUPPLY Accounts Payable Check 26.79 102419 10/17/2005 LIFE ASSIST,INC. Accounts Payable Check 140.71 102420 10/17/2005 LYNDON'S AUTOMOTIVE Accounts Payable Check 845.35 102421 10/17/2005 KERRY MARGASON Accounts Payable Check 53.86 102422 10/17/2005 MARIN CONSULTING ASSC Accounts Payable Check 470.00 102423 10/17/2005 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 477.94 102424 10/17/2005 MATTHEW BENDER&CO.,INC. Accounts Payable Check 1,584.47 102425 10/17/2005 STEVEN M.MCCLELLAN Accounts Payable Check 51.00 102426 10/17/2005 WADE MCKINNEY Accounts Payable Check 262.44 102427 10/17/2005 MEDWORKS,INC. Accounts Payable Check 430.00 102428 10/17/2005 MID-COAST MOWER&SAW Accounts Payable Check 69.68 102429 10/17/2005 MINER'S ACE HARDWARE Accounts Payable Check 519.84 102430 10/17/2005 MATTHEW J.MIRANDA Accounts Payable Check 220.00 102431 10/17/2005 MISSION UNIFORM SERVICE Accounts Payable Check 97.52 102432 10/17/2005 NAVAJO ROCK&BLOCK Accounts Payable Check 357.24 102433 10/17/2005 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279• 102434 10/17/2005 NEWCO DISTRIBUTORS,INC Accounts Payable Check 987• 0 102435 10/17/2005 VOID Accounts Payable Check 0.00 102436 10/17/2005 NORTHWEST BUSINESS STAMP Accounts Payable Check 83.85 102437 10/17/2005 OFFICE DEPOT INC. Accounts Payable Check 902.33 102438 10/17/2005 TERRY OTIS Accounts Payable Check 1,517.19 102439 10/17/2005 OUTLET TOOL SUPPLY Accounts Payable Check 1,777.48 102440 10/17/2005 OUTLET TOOL SUPPLY Accounts Payable Check 92.85 102441 10/17/2005 PACIFIC AUTO GLASS Accounts Payable Check 110.00 102443 10/17/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 29,699.56 102444 10/17/2005 PAPER WORKS Accounts Payable Check 9.38 102445 10/17/2005 PASO ROBLES SAFE&LOCK Accounts Payable Check 1,632.95 102446 10/17/2005 VOID Accounts Payable Check 0.00 102447 10/17/2005 PERFECT PETS,INC. Accounts Payable Check 41.00 102448 10/17/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 218.13 102449 10/17/2005 ELIZABETH PETERSEN Accounts Payable Check 210.00 102450 10/17/2005 PIERCE MANUFACTURING,INC. Accounts Payable Check 10,373.64 102451 10/17/2005 SCOTT E.PIPAN Accounts Payable Check 140.00 102452 10/17/2005 PITNEY BOWES,INC. Accounts Payable Check 1371 70 City of Atascadero Disbursement Listing For the Month of October 2005 heck Check tuber Date Vendor Description Amount 102453 10/17/2005 POOR RICHARD'S PRESS Accounts Payable Check 62.90 102454 10/17/2005 PRAXAIR DISTRIBUTION,INC. Accounts Payable Check 146.00 102455 10/17/2005 PRINT LOGIC,INC. Accounts Payable Check 70.00 102456 10/17/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 445.17 102457 10/17/2005 QUINN RENTAL SERVICES Accounts Payable Check 773.81 102458 10/17/2005 R.BURKE CORPORATION Accounts Payable Check 282,047.13 102459 10/17/2005 CAROLE ROBINSON Accounts Payable Check 80.00 102460 10/17/2005 SAN JOSE STATE UNIVERSITY Accounts Payable Check 510.00 102461 10/17/2005 SAN MIGUEL CONSTRUCTION Accounts Payable Check 125.00 102462 10/17/2005 SANTA MARGARITA CONST.CORP. Accounts Payable Check 47,615.00 102463 10/17/2005 SBC Accounts Payable Check 1,076.22 102464 10/17/2005 SBC/MCI Accounts Payable Check 694.00 102465 10/17/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 625.00 102466 10/17/2005 LISETTE SCHOLL Accounts Payable Check 258.30 102467 10/17/2005 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 303.51 102468 10/17/2005 SHELL Accounts Payable Check 74.89 102469 10/17/2005 JOHN SIEMENS Accounts Payable Check 563.80 102470 10/17/2005 STEVE SCHMIDT TOPSOIL Accounts Payable Check 187.69 102471 10/17/2005 MICHAEL STORNETTA Accounts Payable Check 220.00 102472 10/17/2005 SUNLIGHT JANITORIAL Accounts Payable Check 1,397.40 102473 10/17/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 120.00 102474 10/17/2005 TAYLOR RENTAL CENTER Accounts-Payable Check 117.38 102475 10/17/2005 TEMPLETON FEED&GRAIN Accounts Payable Check 56.90 102476 10/17/2005 TESORO Accounts Payable Check 6,116.08 102477 10/17/2005 KRISTIN K.THAYER Accounts Payable Check 225.00 102478 10/17/2005 TIME WARNER TELECOM Accounts Payable Check 1,359.72 102479 10/17/2005 MARCIA TORGERSON Accounts Payable Check 200.54 102480 10/17/2005 TRIBUNE Accounts Payable Check 171.00 102481 10/17/2005 UNION ASPHALT,INC. Accounts Payable Check 6,888.71 102482 10/17/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,310.80 102483 10/17/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,700.00 102484 10/17/2005 UPS Accounts Payable Check 5.62 102485 10/17/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 941.63 102486 10/17/2005 VOID Accounts Payable Check 0.00 102487 10/17/2005 VERIZON WIRELESS Accounts Payable Check 1,032.88 102488 10/17/2005 MATT VIERRA Accounts Payable Check 120.00 71 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 102489 10/17/2005 WAKEFIELD COMPANY Accounts Payable Check 2,109.00 102490 10/17/2005 BRIAN WESTERMAN Accounts Payable Check 100.00 102491 10/17/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 77.04 102492 10/17/2005 WILLIAM P.WHITE Accounts Payable Check 100.00 102493 10/17/2005 SUSAN M.WILLIAMS Accounts Payable Check 14.26 102494 10/17/2005 WOODWARD ACOUSTICS,INC. Accounts Payable Check 15,705.00 102495 10/17/2005 YESTERDAYS SPORTSWEAR Accounts Payable Check 492.28 102496 10/19/2005 VOID Accounts Payable Check 0.00 102497 10/19/2005 HOME DEPOT Accounts Payable Check 1,289.61 102498 10/19/2005 HOME DEPOT Accounts Payable Check 853.73 102499 10/19/2005 ADVANCE TRANSMISSION Accounts Payable Check 1,371.56 102500 10/21/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00 102501 10/21/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 102502 10/21/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 535.29 102503 10/21/2005 AXA EQUITABLE Payroll Vendor Payment 371.15 102504 10/21/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.6 102505 10/21/2005 CITIPAC Payroll Vendor Payment 30.( 102506 10/21/2005 EDFUND Payroll Vendor Payment 192.19 102507 10/21/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,284.36 102508 10/21/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,020.45 102509 10/21/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,395.38 102510 10/21/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 938.46 102511 10/21/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 102512 10/21/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 892.83 102513 10/21/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 102514 10/21/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 67,964.43 102515 10/21/2005 SEIU LOCAL 620 Payroll Vendor Payment 636.08 102516 10/21/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 102517 10/24/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 7,262.92 384 10/25/2005 MID-STATE BANK Payroll Vendor Payment 42,673.74 102518 10/28/2005 A&T ARBORISTS Accounts Payable Check 6,280.00 102519 10/28/2005 A-JAY EXCAVATING,INC. Accounts Payable Check 2,383 102520 10/28/2005 ACTION TOWING Accounts Payable Check 65. 72 City of Atascadero Disbursement Listing For.the Month of October 2005 Check Check umber Date Vendor Description Amount 102521 10/28/2005 KEITH AGGSON Accounts Payable Check 97.09 102522 10/28/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 635.00 102523 10/28/2005 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 37.50 102524 10/28/2005 ANACAPA ANIMAL HOSPITAL Accounts Payable Check 82.39 102525 10/28/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 337.77 102526 10/28/2005 ARCH Accounts Payable Check 446.36 102527 10/28/2005 ASTARIS LLC Accounts Payable Check 1,251.40 102528 10/28/2005 AT&T Accounts Payable Check 57.65 102529 10/28/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 179.63 102530 10/28/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 1,375.00 102531 10/28/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 68.40 102532 10/28/2005 ATASCADERO RADIATOR Accounts Payable Check 325.33 102533 10/28/2005 BANK OF NEW YORK Accounts Payable Check 2,421.30 102534 10/28/2005 BATTERY SYSTEMS Accounts Payable Check 54.64 102535 10/28/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 206,718.75 102536 10/28/2005 BOB'S RUBBER STAMPS Accounts Payable Check 24.09 10102537 10/28/2005 BURTON'S FIRE,INC. Accounts Payable Check 7,898.39 102538 10/28/2005 C.L.ATKINSON CONSTRUCTION Accounts Payable Check 165.00 102539 10/28/2005 CA.CENTRAL FIRE PROTECTION Accounts Payable Check 44,566.87 102540 10/28/2005 CAL-COAST REFRIGERATION,INC Accounts.Payable Check 204.19 102541 10/28/2005 CAL-STATE AUTO GLASS Accounts Payable Check 150.00 102542 10/28/2005 CALIFORNIA CODE CHECK Accounts Payable Check 26,678.46 102543 10/28/2005 CARL WALKER,INC. Accounts Payable Check 9,334.31 102544 10/28/2005 CDW GOVERNMENT,INC. Accounts Payable Check 375.38 102545 10/28/2005 CENTRAL COAST ARCHAEOLOGY Accounts Payable Check 575.00 102546 10/28/2005 CENTRAL COAST EMERGENCY PHYSIC Accounts Payable Check 266.00 102547 10/28/2005 CENTRAL COAST FIRE EQUIPMENT Accounts Payable Check 214.50 102548 10/28/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 23,004.76 102549 10/28/2005 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 5,777.74 102550 10/28/2005 CHEM CLEAN Accounts Payable Check 553.73 102551 10/28/2005 BRADY CHERRY Accounts Payable Check 300.00 102552 10/28/2005 CHEVRON Accounts Payable Check 1,317.76 102553 10,/28/2005 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 180.00 102554 10/28/2005 JOSEPH CHOUINARD P.E. Accounts Payable Check 4,060.90 102555 10/28/2005 JERRY L.CLAY Accounts Payable Check 75.00 102556 10/28/2005 CNOA Accounts Payable Check 75.00 73 City of Ataseadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 102557 10/28/2005 COAST ELECTRONICS Accounts Payable Check 72,215.74 102558 10/28/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 415.06 102559 10/28/2005 COASTLINE EQUIPMENT Accounts Payable Check 2,735.96 102560 10/28/2005 JOHN COUCH Accounts Payable Check 390.18 102561 10/28/2005 CREDIT BUREAU Accounts Payable Check 32.72 102562 10/28/2005 CRITERION PICTURES USA,INC. Accounts Payable Check 125.00 102563 10/28/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 140.00 102564 10/28/2005 CSMFO Accounts Payable Check 100.00 102565 10/28/2005 TOMILYN CUNNINGHAM Accounts Payable Check 30.00 102566 10/28/2005 DAVE BANG ASSC.,INC. Accounts Payable Check 21,832.02 102567 10/28/2005 DECOU LUMBER COMPANY Accounts Payable Check 94.54 102568 10/28/2005 DECOU LUMBER COMPANY Accounts Payable Check 69.87 102569 10/28/2005 DEPARTMENT OF JUSTICE Accounts Payable Check 2,099.00 102570 10/28/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,163.34 102571 10/28/2005 DIAMONDBACK FIRE&RESCUE,INC Accounts Payable Check 4,667.68 102572 10/28/2005 DOGGIE WALK BAGS COMPANY Accounts Payable Check 553.75 102573 10/28/2005 DRIVER ALLIANT INSURANCE SVC Accounts Payable Check 1,020 102574 10/28/2005 EAGLE UNITED USA,INC. Accounts Payable Check 2,218. 102575 10/28/2005 EARTH SYSTEMS PACIFIC Accounts Payable Check 5,685.00 102576 10/28/2005 EASYLINK Accounts Payable Check 0.63 102577 10/28/2005 EDEN SYSTEMS,INC. Accounts Payable Check 375.00 102578 10/28/2005 EL CAMINO ASSOCIATES Accounts Payable Check 11,946.00 102579 10/28/2005 RYAN ENFANTINO Accounts Payable Check 100.00 102580 10/28/2005 ESCUELA DEL RIO Accounts Payable Check 48.60 102581 10/28/2005 EXXON MOBIL Accounts Payable Check 129.38 102582 10/28/2005 FEDERAL EXPRESS Accounts Payable Check 111.87 102583 10/28/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 134.64 102584 10/28/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 117.60 102585 10/28/2005 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 102.00 102586 10/28/2005 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00 102587 10/28/2005 FOOD FOR LESS Accounts Payable Check 91.86 102588 10/28/2005 WARREN FRACE Accounts Payable Check 390.00 102589 10/28/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 11.40 102590 10/28/2005 THOMAS E.GANDY Accounts Payable Check 220.00 .102591 10/28/2005 GAS COMPANY Accounts Payable Check 38 74 City of Atascadero Disbursement Listing For the Month of October 2005 heck Check umber Date Vendor Description Amount 102592 10/28/2005 GATEWAY COMPANIES,INC. Accounts Payable Check 4,828.50 102593 10/28/2005 GEM AUTO PARTS Accounts Payable Check 375.31 102594 10/28/2005 GLENN,BURDETTE,PHILLIPS,& Accounts Payable Check 8,100.00 102595 10/28/2005 NANCY GREEN Accounts Payable Check 20.00 102596 10/28/2005 GRISANTI HARDWARE Accounts Payable Check 89.47 102597 10/28/2005 GRISANTI HARDWARE Accounts Payable Check 22.31 102598 10/28/2005 H.D.PETERSON Accounts Payable Check 192.68 102599 10/28/2005 BARRY HARDY Accounts Payable Check 35.00 102600 10/28/2005 HELPING HAND HEALTH EDUCATION Accounts Payable Check 45.00 102601 10/28/2005 MEREDITH HENDRICKSON Accounts Payable Check 26.73 102602 10/28/2005 HINDERLITER,DE LLAMAS Accounts Payable Check 987.00 102603 10/28/2005 HOBBY BODY&PAINT SHOP Accounts Payable Check 1,932.03 102604 10/28/2005 INGLIS PET HOTEL Accounts Payable Check 105.13 102605 10/28/2005 EVELYN INGRAM Accounts Payable Check 633.85 102606 10/28/2005 IWMA Accounts Payable Check 7,568.00 102607 10/28/2005 J&S SWEEPING SERVICE Accounts Payable Check 1,140.00 102608 10/28/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,500.00 102609 10/28/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 400.00 102610 10/28/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 93.70 102611 10/28/2005 COURTNEY JONES Accounts Payable Check 261.29 102612 10/28/2005 STEVEN SCOTT JUSTUS Accounts Payable Check 2,780.17 102613 10/28/2005 STEVEN KAHN Accounts Payable Check 300.00 102614 10/28/2005 VOID Accounts Payable Check 0.00 102615 10/28/2005 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 495.00 102616 10/28/2005 L.N.CURTIS&SONS Accounts Payable Check 1,058.16 102617 10/28/2005 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,210.47 102618 10/28/2005 LEMOS FEED&PET SUPPLY Accounts Payable Check 41.79 102619 10/28/2005 JAMES R.LEWIS Accounts Payable Check 250.00 102620 10/28/2005 LIFE ASSIST,INC. Accounts Payable Check 380.27 102621 10/28/2005 LOCATE PLUS CORPORATION Accounts Payable Check 59.00 102622 10/28/2005 GEORGE W.LUNA Accounts Payable Check 537.42 102623 10/28/2005 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 284.35 102624 10/28/2005 ANNETTE MANIER Accounts Payable Check 25.39 102625 10/28/2005 MATT SCROGGINS CUSTOM PLASTER Accounts Payable Check 3,000.00 102626 10/28/2005 BECKY MAXWELL Accounts Payable Check 59.28 102627 10/28/2005 WADE MCKINNEY Accounts Payable Check 590.00 75 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount 102628 10/28/2005 MICHAEL'S WINDOW CLEANING Accounts Payable Check 375.00 102629 10/28/2005 MICROGEAR,INC. Accounts Payable Check 1,722.41 102630 10/28/2005 MINER'S ACE HARDWARE Accounts Payable Check 417.74 102631 10/28/2005 MINER'S ACE HARDWARE Accounts Payable Check 12.85 102632 10/28/2005 MISSION UNIFORM SERVICE Accounts Payable Check 72.16 102633 10/28/2005 MORRO GROUP,INC. Accounts Payable Check 1,000.00 102634 10/28/2005 MICHAL S.MOSES Accounts Payable Check 1,445.92 102635 10/28/2005 MPI DOCUMENT MANAGEMENT Accounts Payable Check 72.21 102636 10/28/2005 DAVID MUEHLHAUSEN Accounts Payable Check 256.98 102637 10/28/2005 MUNIFINANCIAL Accounts Payable Check 8,200.43 102638 10/28/2005 TERRY O'FARRELL Accounts Payable Check 141.75 102639 10/28/2005 THOMAS P.O'MALLEY Accounts Payable Check 75.00 102640 10/28/2005 OFFICE DEPOT INC. Accounts Payable Check 1,697.02 102641 10/28/2005 OUTLET TOOL SUPPLY Accounts Payable Check 64.93 102642 10/28/2005 OUTLET TOOL SUPPLY Accounts Payable Check 6.90 102643 10/28/2005 BECKY J.PACAS Accounts Payable Check 75.00 102644 10/28/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,571.# 102645 10/28/2005 PASO ROBLES WELDING Accounts Payable Check 304.5 102646 10/28/2005 KATHLEEN A.PENCE Accounts Payable Check 3,478.15 102647 10/28/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 19.47 102648 10/28/2005 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 111.62 102649 10/28/2005 PFEIFFER PARTNERS,INC. Accounts Payable Check 1,396.72 102650 10/28/2005 PHOTOGRAPHY 101 Accounts Payable Check 1,198.95 102651 10/28/2005 PITNEY BOWES PURCHASE POWER Accounts Payable Check 500.00 102652 10/28/2005 PJ'S TOP SHOP Accounts Payable Check 509.65 102653 10/28/2005 KAREN POLAND Accounts Payable Check 13.77 102654 10/28/2005 POOR RICHARD'S PRESS Accounts Payable Check 1,616.59 102655 10/28/2005 GRACE L.PUCCI Accounts Payable Check 847.50 102656 10/28/2005 QUICK CRETE PRODUCTS CORP. Accounts Payable Check 34.67 102657 10/28/2005 QUILL CORPORATION Accounts Payable Check 25.92 102658 10/28/2005 QUINN RENTAL SERVICES Accounts Payable Check 811.31 102659 10/28/2005 R&R PRODUCTS,INC. Accounts Payable Check 389.98 102660 10/28/2005 REBECCA AND ASSOCIATES Accounts Payable Check 23,012.91 102661 10/28/2005 RECOGNITION WORKS Accounts Payable Check 248. 102662 10/28/2005 RACHELLE RICKARD Accounts Payable Check 300jo 76 City of Atascadero Disbursement Listing For the Month of October 2005 *check Check umber Date Vendor Description Amount 102663 10/28/2005 ROSSI TRANSPORT SERVICE Accounts Payable Check 772.20 102664 10/28/2005 RUSSCO Accounts Payable Check 1,110.04 102665 10/28/2005 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 1,590.00 102666 10/28/2005 SANTA MARGARITA CONST. CORP. Accounts Payable Check 364.00 102667 10/28/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 1,756.83 102668 10/28/2005 SBC Accounts Payable Check 403.37 102669 10/28/2005 SBC SMART YELLOW PAGES Accounts Payable Check 219.88 102670 10/28/2005 SBC/MCI Accounts Payable Check 539.03 102671 10/28/2005 WENDY SCALISE Accounts Payable Check 75.00 102672 10/28/2005 MICHELE SCHAMBER Accounts Payable Check 128.51 102673 10/28/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 3,150.00 102674 10/28/2005 LISETTE SCHOLL Accounts Payable Check 168.00 102675 10/28/2005 SHELL Accounts Payable Check 73.28 102676 10/28/2005 SHERIFF'S ADVISORY COUNCIL Accounts Payable Check 160.00 102677 10/28/2005 SIGN OUTLET Accounts Payable Check 629.75 102678 10/28/2005 SMART AND FINAL Accounts Payable Check 253.21 0 102679 10/28/2005 SPECTRUM COLOR IMAGES Accounts Payable Check 669.88 102680 10/28/2005 SUNLIGHT JANITORIAL Accounts Payable Check 775.00 102681 10/28/2005 TAYLOR RENTAL Accounts Payable Check 678.25 102682 10/28/2005 TAYLOR RENTAL Accounts Payable Check 599.72 102683 10/28/2005 TEMPLETON UNIFORMS Accounts Payable Check 180.43 102684 10/28/2005 TRI-COUNTY OFFICE FURNITURE Accounts Payable Check 16,761.00 102685 10/28/2005 TRIBUNE Accounts Payable Check 617.36 102686 10/28/2005 TURF STAR,INC. Accounts Payable Check 42.27 102687 10/28/2005 UCSB ECONOMIC FORECAST PROJECT Accounts Payable Check 5,000.00 102688 10/28/2005 ULTREX BUSINESS PRODUCTS Accounts Payable Check 471.87 102689 10/28/2005 UNION ASPHALT,INC. Accounts Payable Check 18,808.41 102690 10/28/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,020.00 102691 10/28/2005 UPS Accounts Payable Check 56.18 102692 10/28/2005 URS CORPORATION Accounts Payable Check 3,005.62 102693 10/28/2005 RENE VASQUEZ Accounts Payable Check 520.00 102694 10/28/2005 VERIZON WIRELESS Accounts Payable Check 135.53 102695 10/28/2005 VIBORG SAND&GRAVEL,INC. Accounts Payable Check 69.25 102696 10/28/2005 VONS Accounts Payable Check 26.36 0102697 10/28/2005 WALLACE GROUP Accounts Payable Check 2,426.25 102698 10/28/2005 BRIAN WESTERMAN Accounts Payable Check 85.00 77 City of Atascadero Disbursement Listing For the Month of October 2005 Check Check Number Date Vendor Description Amount _* 102699 10/28/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 88.97 102700 10/28/2005 THOMAS WHALEY Accounts Payable Check 216.79 102701 10/28/2005 SUSAN M.WILLIAMS Accounts Payable Check 14.26 102702 10/28/2005 WILSON LAND SURVEYS,INC. Accounts Payable Check 3,006.00 102703 10/28/2005 Z.A.P.MANUFACTURING,INC. Accounts Payable Check 1,172.88 $ 1,728,439.34 78 ITEM NUMBER: A-8 DATE: 01/10/06 "w! oil ® A 1918 " w 1979 Atascadero City Council Staff Report - Public Works Department Final Map 2005-0113 (TPM 2004-0061) 7500 Navajoa Avenue (Parcel Map AT 04-0024) (Higgins / Prewitt) RECOMMENDATIONS: Council• 1 . Accept Final Parcel Map 2005-0113 (Parcel Map AT 04-0024); and, 2. Authorize City Manager to enter Subdivision Improvement Agreement with applicant. DISCUSSION: Tentative Parcel Map 2005-0069 / Parcel Map AT 04-0024 was approved by the City Council on August 24, 2004. The map creates four single family lots on a RMF-10 (Residential Multiple Family) lot. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. No offers of dedication have been made on this map. Staff has determined that the Final Tract Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0113 (Parcel Map AT 04-0024) 79 ITEM NUMBER: A- 8 DATE: 01/10/06 Exhibit A Final Map 2005-0113(Parcel Map AT 04-0024) 7500 Navajoa Avenue Higgins/Prewitt Vis's s i f >= � 4 m a 7E W�j MW y @ Q 8A 4��,t�p.� •�r��P<tar rcwi•al '<°.bier srgyr j Pit 1000•� I '�w'`�A-IR�'°�'dn,p.,�r•.,•��R�diZi.�j..�a s-v uh<rav) � E W s y S 26 h pie.14 JaN let JIM �k'6; ww lit Jr,�Stir=ry t _ y k pq it •oaotkav kbr q A<?rrk°d 7e,<rs,�,bR+! I' Y sg I i.i Anu'.i.Iq�Y� �At N � 80 ITEM NUMBER: A- 9 DATE: 01/10/06 A Via' '� n Atascadero City Council Staff Report - Public Works Department Final Map 2005-0122 (TTM 2005-0069) (Tract 2749) 2000-2300 EI Camino Real Factory Outlets (Levon Investments / Gearhart) RECOMMENDATION: Council accept Final Tract Map 2005-0122 (Tract 2749). DISCUSSION: Tentative Tract Map 2005-0069 / Tract 2749 was approved by the Planning Commission on June 21, 2005. The approved tentative tract map establishes commercial airspace condominiums on one common lot. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. No offers of dedication have been made on this map. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0122 (Tract 2749) 81 ITEM NUMBER: A- 9 DATE: 01/10/06 Exhibit A Final Map 2005-0122(Tract 2749) 2000-2300 E1 Camino Real-Factory Outlets Levon Investments I Gearhart Ni Qui ware-■.cs.r,a .� p� � �. �S m:rrraga..s �p 99y66 ��3 1 I ( 4 E � 1 care I � e.t�»Ec 5 -oKE1!e Ll R tat kk : wimaAw avad I { I l } 1 I I I � i { I 1 1 E ,t �ps E bQ 82 ITEM NUMBER: B - 1 DATE: 01/10/06 iais 192,9 A�►,�CA►D�/ Atascadero City Council Staff Report - Community Development Department 6910 Navajoa Ave ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056 (Vaughn and Young) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0052; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2004-0087 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2004-0133 to include the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution C approving Tentative Parcel Map 2004-0056 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT-IN-BRIEF: The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Tentative Parcel Map for the construction of four (4) detached single-family dwellings to be developed under the requirements of the Planned Development #25 Overlay standards within the Residential Multi-Family (RMF-10) Zoning District. 83 ITEM NUMBER: B-1 DATE: 01/10/06 DISCUSSION: Situation and Facts: 1. Applicant /Owners: Donald Vaughn, 605 Garcia Rd., Atascadero, CA 93422 Randy Young, P.O. Box 744, San Miguel, CA 93451 2. Project Address: 6910 Navajoa Avenue (APN 030-373-020) (San Luis Obispo County). 3. General Plan Designation: MDR (Medium Density Residential, 10 units/ acre) 4. Zoning District: RMF-10 (Residential Multi-Family, 10 units/ acre) 5. Site Area: 0.49 acres (+/-) 6. Existing Use: Single-Family residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0052 Background On November 1 , 2005, the Planning Commission held a public hearing for the proposed project and recommended that the City Council approve the proposed project on a 6-0 vote. Existing Setting: r North: Residential Multi-Family-10 ProjectSite: 6910 East: Multi-Family Residential-16 NavaJoaAve - �,� qF South: Residential Multi-Family-10 �n West: Single-Family Residential-x j r� NQ i r t San Andres Avenue -} 84 ITEMNUMBER: B- 1 DATE: 01/10/06 The subject site is approximately 0.49 net acres with a maximum density of five (5) dwelling units, based on development standards. Development along Navajoa Avenue largely consists of single-family residences on relatively small lots. As proposed, the project would demolish one single-family residence and an accessory structure. ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code, General Plan, and the Appearance Review Guidelines. The proposed residences range in size between 1 ,440 square feet and 1,894 square feet, three (3) of which are 2-story. The subject site is relatively flat and contains variety in vegetation. Four (4) native Live Oak trees that range in size from 3-10 inches diameter at breast height (dbh) are proposed for removal. As a Planned Development, the City Council must find that the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. Appearance Review Site Plan, Parking, Circulation The project is designed around a central parking court and includes the following site design elements: • Accent landscaping • Decorative stamped concrete with concrete walkways to residences • Garages are blocked from street view • Units oriented to the Navajoa Street frontage 85 ITEM NUMBER: B - 1 DATE: 01/10/06 f . tw PAW" 2 -PAWSL 3 a �s F s Based on parking requirements, a minimum of eleven (11) parking spaces are required on-site for the proposed residential units. Twelve (12) parking spaces are provided throughout the project with two (2) covered spaces for each residential unit and one (1) guest parking space provided on each lot. Access is provided off of Navajoa Avenue. Architecture, Materials, and Color The following design features have been incorporated into the project, compatible with the surrounding neighborhood and in compliance with the standards for a Planned Development: • Varied elevations • Material variety (stucco and wood siding) • Traditional window design & transom window features • Wood beams, decorative gable siding • Varied rooflines 86 ITEM NUMBER: B - 1 DATE: 01/10/06 ra a w 'R1t _ --- ,, Landscape Design Y r k � R� .4)1[AMMWM v aws According to the project arborist, existing onsite vegetation includes live oak, elm, apple, cherry, plum, almond, and English walnut trees. Much of the existing vegetation will be removed and replaced with ornamental trees. Proposed landscaping includes drought tolerant shrubs and a combination of evergreen and deciduous trees. Native Tree Mitigation/Preservation A tree removal application for three (3) native Live Oak trees is included with the proposed development. A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re- is plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the chart provided below (Condition CUP 21). 87 ITEM NUMBER: B - 1 DATE: 01/10/06 Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 7-inches 1 2 8-inches 2 3 10-inches 3 4 4 5 5 6 6 Total 25-inches Total 0-inches 25-inches Mitigation Requirement req'd tree replacements: .8 five gal trees req'd tree replacements: 0 five gal trees 8 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees(24") 0 box trees(24") 0 box trees(24") Remaining Mitigation 8 five gal trees Remaining Mitigation 0 five gal trees 8 five gal trees Tree Fund Payment: $ 416.67 Tree Fund Payment: $ $ 416.67 Site Drainage and Wastewater The project is designed to connect with City sewer and the City storm drain system located north of the project site along Navajoa Avenue. Inclusionary and Workforce Housing The City Council's interim inclusionary program requires the proposed project to either provide one deed-restricted moderate-income unit for a 30-year period or pay an in-lieu fee. A condition of approval has been added to ensure that this requirement is met (CUP Condition 14 and TPM Condition 11). According to the San Luis Obispo County Department of Planning & Building, a 3- bedroom moderate unit qualifies if the sales price does not exceed $281,263 with a 30- year deed restriction (numbers are subject to change). Proiect Benefits One of the required findings for approval of a Planned Development is that the project must "offer certain redeeming features to compensate for the requested modification." The table provided below outlines Council policy on Planned Development benefits. The Planning Commission has found that the project offers all of the tier 1 benefits to qualify for a Planned Development project. 88 ITEM NUMBER: B -1 DATE: 01/10/06 PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable/Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails/Walkways for Pedestrian c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones(large lot sizes, increased setbacks, landscape buffers,etc.) e) Higher density to meet Housing Element goals Tentative Parcel Map A 4-lot Tentative Parcel Map (TPM 2004-0056) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD-25 Overlay Zone. The Parcel Map has been conditioned by staff to meet all City standards including on-site and off-site improvements. The applicant will be required to record CC&Rs with the map that will include maintenance and access of common areas (Condition CUP 19/TPM 10). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees The proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element of the General Plan. The project will provide 4 detached single-family residential units within the Medium-Density residential zone. As 89_ ITEM NUMBER: B- 1 DATE: 01/10/06 conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood. Findings Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project-specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1 .1, 1.1.7, 2.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing 90 ITEM NUMBER: B- 1 DATE: 01/10/06 or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a transition from multi-family land use with compact single-family residential dwellings. The project has been designed to enhance the appearance along Navajoa Avenue with compatible architecture and project landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on October 13, 2005. The environmental analysis identified concerns with aesthetics, air quality, biological resources, and noise. Mitigation measures pertaining to these resources are included. A finding is proposed that this 91 ITEM NUMBER: B -1 DATE: 01/10/06 project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion Developing the property with a medium density detached single-family project is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or their health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. FISCAL IMPACT: Bused on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (CUP Condition 18 and 19 /TPM Condition 8 and 9). ALTERNATIVES 1. The Council may make modifications to the project and/or conditions of approval. 2. The Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may recommend the denial of the project. The parcel would retain its designation of Residential Multi-family. The Council should specify the reasons for denial of the project and recommend an associated finding with such action. 92 ITEM NUMBER: B- 1 DATE: 01/10/06 ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Arborist Report Attachment 3: Proposed Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution A Attachment 5: Draft Ordinance A Attachment 6: Draft Resolution B Attachment 7: Draft Resolution C 93 ITEM NUMBER: B -1 DATE: 01/10/06 Attachment 1: Location Map,General Plan and Zoning a Project Site: 6910 Navajoa Ave 1+(t t �` Z t `! .90 I �w - --�-- San AndresAvenue A 94 • El ITEM NUMBER: B -1 DATE: 01/10/06 Attachment 2: Arborist Report ITEM NUMBER: B - 1 DATE: 01/10/06 Attachment 2: Arborist Report continued IN -0 • C L r • • ITEM NUMBER: B - 1 DATE: 01/10/06 Attachment 2: Arborist Report continued 97 ITEM NUMBER: B-1 DATE: 01/10/06 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study (See attached) 0 • • • • CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT RECEIVED OCT 1 3: 200 JULIE L. RODEWALD count Cluk B1' Depuy 11 CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING -IS.HEREBY GIVEN that _the _Atascadero _Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152 Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a Hearing Date: 4 -lot Planned Development subdivision Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 054-032-044. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Parcel Map for the construction of four new detached single-family homes on individual lots Determination: that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a two -car .garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family —RMF -10 Environmental Begins: October 13, 2005 Review Dates: Ends: November 1, 2005 Hearing Date: November 1, 2005 Hearing Atascadero Lake Pavilion, 7:00 p.m. Location: 9315 Pismo Ave, Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 10/13/05 through 11/01/05 at 6905 EI Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested persn may review the proposed Mitigated Negative Declaration and projectfiles. Questions should he dir ed to Li Wilkinson, Assistant Planner at 461-5000. S ven G. McHarris, eputy Community Development Director D6 .Fife: ZCH 2004.0087 Nmj- A-iSNOM.dm Prim Dm: 10/13N5330 PM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATAS CADER O PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0052 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152 Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a 4 -lot Planned Development subdivision Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 054-032-044. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Parcel Map for the construction of four new detached single-family homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family— RMF -10 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long- .. term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determination: Based on the above findings, and the information contained in the initial study 2005-0052 (made apart hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Lisa Wilkinson, Assistant Planner Date Posted: October 13, 2005 Public Review Ends: November 1, 2005 Attachments: - Location / Zoning Map - Site Plan - Elevations - Grading and Drainage Plan - Landscape Plan - Tree Protection Plan _ Fik: ZCH 7004-0087 Nm* Av 19,M -d. Print D.¢: 10113/057 00 6905 EL CAMINO REAL, SUITE 6 9 ATASCADERO, CALIFORNIA 93422 0 (805) 461-5000 • FAX 461-7612 r� L • • • • 11 CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0052 Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152 Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a Contact Person and 4 -lot Planned Development subdivision Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 054-032-044. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description- Tentative Parcel Map for the construction of four new detached single-family homes on individual lots Designation: that will be developed under the requirements of the Planned Development overlay district standards Zoning: within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size Surrounding Land between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a Uses and Setting: two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 Lead Agency Name City of Atascadero and Address: 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Contact Person and Lisa Wilkinson, Assistant Planner Phone Number: City of Atascadero 6905 El Camino Real, Suite 6 Atascadero; CA 93422 General Plan MDR (Medium -Density Residential, 10 units/acre) Designation: Zoning: RMF -10 (Residential Multiple Family, 10 units/acre) Surrounding Land North: Multi -Family Residential -10 Uses and Setting: South: Multi -Family Residential -l0 West: Limited Single-family Residential- X East: Multi -Family Residential -16 Other public None agencies whose approval is required (e.g., permits, financing approval, or participation agreement) 1 01 0/1 310 5 ZCH 2004-0087 Navajoa AveASMNO.doc 101 Attachment 1 Location / Zoning Map 6910 Navajoa Ave Atascadero, CA CITY OFATASCADERD INITIAL STUDY Current General plan Designation: Medium Density Residential Current Zoning District: Residential Multi -family 10 Proposed General Plan Designation: Medium Density Residential Proposed Zoning District: Residential Multi -family — 101 Planned Development Overlay 25 ZCH 2004-0067 Navajoa Ave.ISMND.doc • • 0 Attachment 2 Site Plan CITY OF ATASCADERO INITIAL STUDY 103 LM C= -01 uj z �-z 1010/13/05 ZCH 2004-0087 Navajoa Ave.ISMND.doc 103 Attachment 3 Elevations I IT Pip 3I� CITY ®FATASCAIDERO INITIAL STUDY 11 MIS 1010/13/05 ZCH 2004-0087 Navajoa Ave.ISMND.doc 104 • • 1010113105 Attachment 3 Elevations ZI CITY OFATASCADERO INITIAL STUDY w t; ZCH 2004-0087 Navajoa Ave.ISMND.doc 105 .... . ...... 1010113/05 106 C17T OF ATASCADERG rNITIAL STUDY Attachment 4 Grading and Drainage Plan tl T- P. ZCH 2004-0087 Navajoa Ave.ISMND,doc • • I .. II'�L'fTtvS7� �, kc;nl�E Attachment 5 Landscape Pian CITY OFATASCADERO INITIAL STUDY 1010/13/05 ZCH 2004-0087 Navajoa Ave.ISMND.doc 107 CITY OF ATASCAIDIERO INITIAL STUDY Attachment 6 Tree Protection Plan creak 'I'ra Consoucdon Dnpnne Trc True am's Y jMrQq g ds bh Govdition ��� i lY 4 gaooval 10094 LO � 3 LO 8 6 [mPaned 22% 4 (A t0 7 Imps 10Y. s LO 34 7 ynQad:a;d 14`x 1010113/05 108 Tr.=.Index Table � 8 Mid ion Monidodiag PamM field NOW -t Smrm�„�?r'o °moi 'RI Bred 2 F Ym BeM= Now d dig innnng Foodn6 F Now Now Lap ds fimgus blow 4' .F yas Nome Band dig foom18 Footing F Yes None Bud dig booing Footing Footing3 .F. Yes Ya.Csssl R oaf6c.anee ,1" br."ho ZCH 2004-0087 Navajoa Ave.ISMND.doc • • • • • E[r:hia64 „ CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building SaRnDeS T0: Temporary FD: Fire Departrnent Occupancy PD: Police Department 69 Nava)oa Avenue Ft Finalinspection CE: CityEngmeer F0: Final Occupancy WW Wastewater Ch City Athxney ZCH 20040087, CUP 20040133, TPM 20040056 AMC: Water Camp. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature BP PS 1.c.1 to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. • Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; 1010113/05 ZCH 2004-0087 Navajoa Ave.ISMND.doc 109 n CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program GP: Grading Perrot PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary F0: Fine Department Occupancy PD: Police Depann ent 69 Navajoa Avenue. FI: Final inspection CE: Wazngin FO Final Occupancy CA C4 Amey AKWC: Water Comp. ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 4.6.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed ,per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impactireplacement mitigation per the Atascadero Municipal Code Section 9-11.5. 1 01 011310 5 ZCH 2004-0087 Navajoa Ave.ISMND.doc • • • M CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Senrk BP. Building Permit BS: Building S8— TO: Temporary FD: Fire Department Occupancy P0: Police Depament 69 Navajoa Avenue Fl: Finalinspe=n CE: CdyEngineer F0: Final WW: Wastewater Occupancy CA City Amey ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 M WC: Water cord. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitiqation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City Ongoing BSIPS 11.d of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 1010113/05 ZCH 2O04-0087 Navajoa Ave.ISMND.doc . CITY OF ATASCAIDERG INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑Hazards &Hazardous Materials ❑ Mineral Resources ❑ Public Services Utilities / Service Systems ❑ ❑ Agriculture Resources ❑ Cultural Resources ❑ Air Quality ❑ Geology /Soils ❑ Hydrology / Water Quality ❑ Land Use / Planning ❑ Noise On the basis of this initial evaluation: ❑ Recreation ❑ Population / Housing ❑ Transportation/Traffic ❑ Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required; but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. � 1�—, Lisa Wilkinson Assistant Planner 1010/13/05 112 ZCH 2004-0087 Navajoa AveASM AOC • • • • • EVALUATION OF ENVIRONMENTAL IMPACTS: CITY OFATASCADERO INITIAL STUDY I ) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off --site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. 1010/13/05 ZCH 2004-0087 Navajoa AveASMND.doc 113 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2005-0052 Study ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 1. AESTHETICS —Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not Z limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new.source of substantial light or glare that E would adversely affect day or nighttime views in the area? SOURCES: Project Description DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple -family residential zoning district, bounded on all sides by existing residential uses. Project conditions will require any lighting at the site to be designed to eliminate off site glare. The proposed landscape plan and architectural features for the project will produce no negative impact. The surrounding neighborhood is developed with single-family homes. The following mitigation measures are included to ensure neighborhood compatibility and enhancement. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted building fighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland 177 of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR. Page 14 1010/13105 ---- -- ZCH2O04-0087NavejoaAve.ISMND.doc • • • • Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation DISCUSSION 2a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2b. The property is not under a Williamson Act contract. 2c. The project will not result in the conversion of farmland to non-agricultural uses. 3. AIR QUALITY --The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1771 concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description; Tentative Parcel Map/Site Plan/Grading Plan. DISCUSSION: 3.a.c. This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.b. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d. The construction of four residential buildings and the associated on-site and public improvements will not concentrate pollutants. 3.e. The construction of residential buildings and the associated on-site and public improvements will not.create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include 1010113105 Page 15 ZCH2O04-0087NavajoaAve.ISMND.doc 115 P�tto�oon�l ,i Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include. but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 4. BIOLOGICAL RESOURCES —Would the project: a) Have a substantial adverse effect, either directly or ❑ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional pians, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat ❑ or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected ❑ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ❑ ❑ 1010113/05 Page 16 ZCH2O04-0087NavajoaAve.ISMND.doc 116 • • • • • • CITY OF ATASCADERO INITIAL STUDY Initial Study 2005-0052 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact 6910 Navajoa Ave. incorporation resident or migratory fish or wildlife species or with ❑ ❑ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ❑El❑ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ ❑17 Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project Description; Project Plans; Land Use Element EIR; Atascadero Tree Ordinance. DISCUSSION: 4.a. No sensitive species exists on or near the site. 4.b. No sensitive riparian habitat or sensitive natural communities exist on or near the site. 4.c. There are no wetlands on the project site. 4.d. The site is located adjacent to other residential developments and near Highway 41; continuity for migratory corridors does not currently exist. 4e.f. The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. There will be some impacts to native trees onsite and one seven (7) inch Live .Oak tree is proposed for removal. However, the presence of Native trees on and adjacent to the project site will require appropriate mitigation per Atascadero Native Tree Ordinance standards and guidelines. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. 5. CULTURAL RESOURCES --Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? 1010/13105 Page 17 ❑ ❑ ❑171 ❑ ❑ ❑ ❑ ZCH 2004-0087 Navajoa Ave.ISAAND.doc 117 l!aamv�,. Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? SOURCES: Project Description -Photos; Land Use Element EIR. CITY OF ATASCADERC INITIAL STUDY Less Than No ❑ Potentially Less Than ❑ Significant Significant with Significant Impact ❑ Impact Mitigation Impact ❑ Incorporation ❑ DISCUSSION: 5.a.b.c. There are no known historical, archeological, or paleontological resources that exist on the project site. The neighborhood is currently developed with single-family developments. The proposed project will not significantly alter the setting of the existing neighborhood. 5.d. No known human remains have been found or documented in the vicinity of the project. 16. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or. based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil?' ❑ ❑ L_\1 ❑ ❑ ❑ ❑ ❑ DISCUSSION: 5.a.b.c. There are no known historical, archeological, or paleontological resources that exist on the project site. The neighborhood is currently developed with single-family developments. The proposed project will not significantly alter the setting of the existing neighborhood. 5.d. No known human remains have been found or documented in the vicinity of the project. 16. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or. based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil?' ❑ ❑ L_\1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ d) Be located on expansive soil, as defined in Table 18-1-B ❑ ❑ ❑ ❑ of the Uniform Building Code (1994), creating substantial ❑ ❑ ❑ ❑ ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or❑ ❑ ❑ LJ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B ❑ ❑ ❑ ❑ of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ ❑ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description -Photos; Land Use Element EIR, Project Description; Tentative Parcel Map/Grading Plan /Site Plan. DISCUSSION: 6.a. The San Andreas Fault, located approximately 26 miles northeast of the site, dominates both the structure and 1010/13/05 Page 18 ZCH 2004-0087 NavajoaAve.ISMND.doc 118 . • Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation seismicity of this region. Other faults reflecting a closer source also have a significant potential to generate earthquakes and strong ground shaking at the project site. These faults include: (1) the offshore group, including the Hosgri and Santa Lucia (Purisma and Lompoc) faults; (2) the Los Osos and San Luis Range faults. in addition, the Rinconada and Oceanic faults may be active or potentially active and pose a significant potential to generate earthquakes. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d. The property contains no unusual geological formations. 6.e. Project will not require septic systems. Mitigation Measure 6.b: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitioation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 7. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the F1 F� 11 ZLj environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely 17 LLI hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area F7 7 [7. 17 or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would 17 the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where 1010/13705 Page 19 ZCH 2004-0087 Navajoa Ave.ISMND.doc 119 Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. CITY OF ATASCADER0 INITIAL STUDY Potentiaiiy Less Than Less Than No Significant Significantwith Significant Impact impact Mitigation Impact Incorporation wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description, General Plan Land Use Element. DISCUSSION 7a.b.c. The project is not anticipated to generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d. The property is not a listed hazardous material site. 7e.f. The property is not near an airport. 7g.h. The site is within the Fire Department's five -minutes or less response area. The Fire Marshall will determine if the residences will have fire sprinklers during review of the building permit. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or.waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table .level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage patter of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 0 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 0 -year flood hazard area structures that would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ ❑ ❑ ❑rZ 1010113/05 - Page. 20 ZCH 2004-0087 Navajoa Ave.ISMND.dcc 120 • • 0 ❑ ❑ ❑rZ ❑ ® ❑ ❑ ❑ LTJ ❑ ❑ ❑ ❑ ❑ ISI ❑ ❑ ❑ ❑ 1010113/05 - Page. 20 ZCH 2004-0087 Navajoa Ave.ISMND.dcc 120 • • 0 ' k CITY OFATASCADER0 INITIAL STUDY Initial Study 2005-0052 Potentially Less Than Less Than b) Conflict with any applicable land use plan, policy, or ❑ No ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Significant Impact Significant with Significant Impact Mitigation impact 6910 Navajoa Ave. Incorporation purpose of avoiding or mitigating an environmental effect? ❑ ❑ ❑LLNJ SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1/20/82); Preliminary Grading and Landscape Plans, Schneidereit. ❑ ❑ DISCUSSION: 8a. The construction will not violate water quality standards. 8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company, 8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. All roof drains outletting on the north/west sides of unit 3 and the west side of unit 4 are to be piped directly into the storm drain system. 8.g.h.i. Future residential uses will be outside of the 100 -year flood hazard area. 8.i.j. The project area is not subject to innundation by a tsunami. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community?El❑ ❑ VN b) Conflict with any applicable land use plan, policy, or ❑ ❑ ® ❑ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation pian? ❑ ❑ ❑ SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR; Project Plans, Site visit. DISCUSSION: 9.a. The project will not physically divide an established community 9.b. The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south, and east as Medium and High -Density Residential with a maximum density of 10-16 units per acre. Properties to the west are designated as Single-family residential. The project site is multi -family residential zoning and the proposed development is consistent with the General Plan. As proposed, the zoning ordinance allows the establishment of a Planned Development Overlay zoning district to allow for smaller lot sizes in exchange for benefits derived from the proposed development. 9.c. The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES — Would the project: I a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? '10'10lt3J05 ❑ ❑ ❑ ❑ Page 21 ZCH2O04-0087NavajoaAve. ISMND.doc 121 CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0052 Potentia0y Less Than Less Than No Impact Significant Significantwith Significant ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact 6910 Navajoa Ave. Incorporation b) Exposure of persons to or generation of excessive b) Result in the loss of availability of a locally -important VN mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) A substantial permanent increase in ambient noise levels SOURCES: Project Description. in the project vicinity above levels existing,without the DISCUSSION: project? 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE — Would the project result in: a) Exposure of persons to or generation of noise levels in El E excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 17 ground-bome vibration or ground -borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing,without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels .existing without the project? e) Fora project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual. DISCUSSION: 11 a.b.c.d. Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future residential use is not expected to generate unacceptable levels of noise to future adjacent residential uses. 11:e.f. The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that 1010/13/05 122 Page 22 ZCH 2004-0087 Navajoa Ave.ISMND.dac • 0 *0—F CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0052 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact 6910 Navajoa Ave. Incorporation unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 12. POPULATION AND HOUSING —Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, 177 necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? �. SOURCES: Project description, General Plan Land Use Element. • DISCUSSION: 12.a. The programmed density in the General Plan for the project site allows for a maximum of 5 residential units. The project proposes four new units. The addition of three new residences to the project site and local circulation system will be insignificant in terms of trip generation. 12.b.c. One existing residence will be demolished to allow for the construction of the proposed four residences. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 7 7 Police protection? ❑ ❑ ❑ Schools? 0 ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ 1010113105 Page 23 ZCH 2004-0087 Navajoa AveASMND.doc 123 CITY OFATASCADERO .� INITIAL STUDY Initial Study 2005-0052 Potentially Less Than Less Than No 10 Significant Significant with Significant Impact ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact Incorporation 6910 Navajoa Ave. SOURCES: Project description, Land Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees (including the Amapoa Tecorida Drainage Area Fee); Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At buildout, the city's population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. Parks: New residences will increase demand on parks and recreation facilities. The city's Parks & Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands, thereby addressing cumulative impacts. No new residences are proposed. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. 14. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description, Parks and Recreation Element. DISCUSSION: 14.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. The project does provide a small gathering open space area for the private enjoyment of development residents. 14.b. The project does not involve construction of recreational facilities. 15. TRANSPORTATIONlTRAFFIC —Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of 1010113105 Page 24 ZCH 2004.0087 Navajoa Ave.ISNIND.doc 124 _. ." CITY OF ATASCADERO INITIAL STUDY Potentially Initial Study 2005-0052 y Less Than Less Than No Significant Significantwith Significant Impact ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact 6910 Navajoa Ave. Incorporation vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of 1771 service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either E ❑ an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? .applicable Regional Water Quality Control Board? e) Result in inadequate emergency access? ❑ ❑ ❑1771 f) Result in inadequate parking capacity? 7 71 g) Conflict with adopted policies, plans, or programs 17 supporting alternative transportation (e.g., bus turnouts, wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant bicycle racks)? SOURCES: Land Use Element, Circulation Element; Project Plans. DISCUSSION: 15.a.b. The Circulation Element (CE) anticipates an increase in development in this area. The CE incorporates mitigation for effects from increased traffic. 15.c. No changes will occur to the air traffic patterns. 15.d. The project's access has adequate site distance onto Navajoa Ave. drainage facilities or expansion of existing facilities, the 15.e. The project will have adequate emergency access from Navajoa Ave into the project site. 15.f. Adequate parking will be provided on-site for the future residential uses. 15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide standard street frontage improvements along the property frontage per City standards and the approval of the City Engineer. Public Improvement plans are required to detail the construction. 16. UTILITIES AND SERVICE SYSTEMS —Would the project: a) Exceed wastewater treatment requirements of the .applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or 17 wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the 17 project from existing entitlements and resources, or are new or expanded entitlements needed? 1010/13/05 Page 25 ZCH 20040087 NavajoaAve.ISMND.doc 125 Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Potentially Significant Impact g) Comply with federal, state, and local statutes and ❑ regulations related to solid waste? • SOURCES: Project description, Land Use Element (LUE) EIR; Project DISCUSSION: CITY OFATASCADERD INITIAL STUDY Less Than Less Than No Significantwith Significant impact Mitigation impact Incorporation a cans, Schneiderieit. Water. The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available groundwater supply greatly exceeds demand, according to the findings ofthe.Long-Term Viability of.Water study. However, the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. Sewer discharge will be handled by a City sewer connection. Storm Water. On-site storm water drainage has been designed to flow follow existing drainage pattern. On-site pervious driveway pavers and connection with City storm drain is proposed. 17. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to degrade the quality ❑ ❑ ❑ of the environment, substantially reduce the habitat of a fish VN or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ❑ ❑ ❑ ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ❑ ❑ 77❑ cause substantial adverse effects on human beings, either 1010113/05 - Page 26 ZCH 2004.0087 Navajoa Ave.ISMND.dcc 126 • • L r • 1] Initial Study 2005-0052 ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 6910 Navajoa Ave. directly or indirectly? CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significantwith Significant Impact Impact Mitigation Impact Incorporation DISCUSSION: The project site is comprised of four residential parcels developed with four residential units. The proposed project is consistent with the requirements for the establishment of a planned Development Zoning District. in addition, the project is consistent with the City's General land use and housing element policies related to housing and infill development. The proposed project has been analyzed as required by CEQA. Project -related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 1999. Land Use Element Environmental Impact Report, Crawford, Multari, & Clark, adopted 2002 CEQA Handbook, Air Quality Control District, August 1995 General Plan Safety Element, City of Atascadero, 2002 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers, Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community -panel number 060700 0003 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers U.S. Secretary of the lnterior's Standards for Rehabilitation of Historic Buildings PROJECT -SPECIFIC SOURCES: Project description includes the following: ■ Tentative Parcel Map, Schneiderieit ■ Site Plan, Grading and Drainage Plan, Schneiderieit ■ Floor Plans & Elevations, Color and materials Board, Schneiderieit • Preliminary Landscape Plan, Schneiderieit • Tree Protection, Arbor First 1010/13105 Page 27 ZCH 2004-0087 Navajoa Ave.ISMND.0ac 127 ITEM NUMBER: B -1 DATE: 01/10/06 ATTACHMENT 4: Draft Resolution A Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0052 PREPARED FOR ZONE CHANGE 2004-00879 TENTATIVE PARCEL MAP 2004-0056 AND CONDITIONAL USE PERMIT 2004-0133 ON APN 030-373-020 (6910 Navajoa Ave/Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave.(APN 030-373-020); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0052 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 1, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on January 10, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2005-0052 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 128 • ITEM NUMBER: B -1 DATE: 01/10/06 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted 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: 0 Patrick Enright, City Attorney 129 ITEM NUMBER: B - 1 DATE: 01/10/06 Exhibit A Proposed Mitigated Negative Declaration 2005-0052 Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239�5152 Project Title.. Zone Change 2004-0087, Conditional Use Permit 2004-013 3; Tentative: Map 2004-0056 for a 4-iot. Planned. Development subdivision Project 6910 Navajoa Avenue, Atascadcro, CA 93422 (Single Family Residence) Location- (San Luis Obispo County) APN 034-032-1144. Project The Proposed project consists of an application for a Zone Change, Conditional Use Permit, and Descriptiont Tentative Parcel Map for the construction of four new detached single-family horms.onindividual lots that will be developedunder the requirements of the Planned Development overlay districtstandards within the Residential M uW-Family (RMF -10) zoning district, The proposed, residences range in size between 1,440 square feet and 1:894 square feet. The project includes one home per lot each with a two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential - MDR ZoninglDistrict: Residential Multiple Family - RIYIF-10 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not haveimpacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determinatiow. Based on the above findings, and the information contained in the initial study 2005-0052 (made,a-part hereof by reference and on rile in the Community Development Department), it has been determined that the above project will not have, an adverse impact on the environment when the fibliowing proposed mitigation measures are incorporated into the project (see attachment). 'Prepared By: Date Posted: Public Review ends: Attachments: Lisa Wilkinson, Assistant Planner October 1,3, 2005 November 1, 2005 Location / Zoning Map Site Plan Elevations Grading and Drainage Plan Landscape Plan Tree Protection Plan 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA93421 • (805)461-5000 -FAX 4614612 130 • • CITY OFATASCADER0 CW PROPOSED MITIGATED NEGATIVE DECLARATION #2.005-0052 6905 El Camino Real, Suite 6 Atascadero, CA 93422 8051461-5000 Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239�5152 Project Title.. Zone Change 2004-0087, Conditional Use Permit 2004-013 3; Tentative: Map 2004-0056 for a 4-iot. Planned. Development subdivision Project 6910 Navajoa Avenue, Atascadcro, CA 93422 (Single Family Residence) Location- (San Luis Obispo County) APN 034-032-1144. Project The Proposed project consists of an application for a Zone Change, Conditional Use Permit, and Descriptiont Tentative Parcel Map for the construction of four new detached single-family horms.onindividual lots that will be developedunder the requirements of the Planned Development overlay districtstandards within the Residential M uW-Family (RMF -10) zoning district, The proposed, residences range in size between 1,440 square feet and 1:894 square feet. The project includes one home per lot each with a two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential - MDR ZoninglDistrict: Residential Multiple Family - RIYIF-10 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not haveimpacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determinatiow. Based on the above findings, and the information contained in the initial study 2005-0052 (made,a-part hereof by reference and on rile in the Community Development Department), it has been determined that the above project will not have, an adverse impact on the environment when the fibliowing proposed mitigation measures are incorporated into the project (see attachment). 'Prepared By: Date Posted: Public Review ends: Attachments: Lisa Wilkinson, Assistant Planner October 1,3, 2005 November 1, 2005 Location / Zoning Map Site Plan Elevations Grading and Drainage Plan Landscape Plan Tree Protection Plan 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA93421 • (805)461-5000 -FAX 4614612 130 • • • ATTACHMENT 5: Draft Ordinance A DRAFT ORDINANCE A ITEM NUMBER: B -1 DATE: 01/10/06 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0087, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-373-020 FROM RMF -10 (RESIDENTIAL MULTI -FAMILY —10) TO RMF-10/PD-25 (RESIDENTIAL MULTI- FAMILY —10/PLANNED DEVELOPMENT OVERLAY #25) (6910 Navajoa Ave. /Vaughn and Young) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family -10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which 131 ITEM NUMBER: B-1 DATE: 01/10/06 hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 12005, studied and considered Zone Change 2004-0087, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 10, 2006 studied and considered Zone Change 2004-0087, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-10/PD25. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 10, 2006 resolved to introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Map Amendment Diagram SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 132 ITEM NUMBER: B -1 DATE: 01/10/06 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO ATTEST: ! Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney • Tom O'Malley, Mayor 133 ITEM NUMBER: B - 1 DATE: 01/10/06 Exhibit A: Zone Map Amendment Diagram Existing Designation: -Residential Multi -family - 10 Proposed Desi nation: Residential Multi-Family-10/PD-25 134 *I • • • ATTACHMENT 7: Draft Resolution B Approval of Proposed Master Plan of Development DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0133 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-373-020 (6910 Navajoa Ave. / Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF - 10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi- Family-10/Planned Development Overlay #25); and, WHEREAS, the PD -25 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 1, 2005, studied and considered the Conditional Use Permit 135 2004-0133 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 10, 2006, studied and considered the Conditional Use Permit 2004-0133 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -25 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -25 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 136 • • • SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 10, 2006, resolved approve Conditional Use Permit 2004-0133 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Landscape Plan EXHIBIT D: Elevations Plan A EXHIBIT E: Elevations Plan B EXHIBIT F: Floor Plan C-2 EXHIBIT G: Elevations Plan C-1 EXHIBIT H: Grading and Drainage Plan EXHIBIT 1: Color and Materials EXHIBIT J: Tree Protection Plan 137 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO LE ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 138 Tom O'Malley, Mayor L IA • • • • EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -25 MasterPlan of Development (CUP 2004-0133)/ ZCH 2004-0087 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 6910 Navajoa Ave. BL: Business License PS: Planning Services BS: Building Services FD: Fire Department PD -25 Master Plan of Development p BP:GradngPermi BP: Building Penrd PD:Pol Engineer CE: CAy Engineer FI: Final Inspection TO: Temporary WW: Wastewater CA Co Attorney Occupancy F0: Final Occupancy Planning Services 1. The approval of this Zone Change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) BP/FM PS months after its effective date. - At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT D, E, F, G, and I with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. • Stucco siding shall be smooth troweled or similar. No machine finishes 139 Conditions of Approval / 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6910 Navajoa Ave. BL Business License BS: Building Services FD: Fire Department PD -25 MasterPlan of Development GP: Grading Permit BP: BuildingPerrrn PD: Police Department GE: Cily Engineer FI: Final Inspedbn WW: Wastewater TO: Temporary CA City Atlomey Occupancy F0: Final Occupancy will be permitted. • Remove transom window on front Elevations A and B. 8. All site development shall comply with the standards of the Planned BP PS, BS Development 25 Overlay District. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B, C, and H. 10. All project fencing shall be installed consistent.with EXHIBIT B and C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the facade of the units along all street and parking court frontages. 11. Final selection of colors and materials identified in EXHIBIT I shall be subject GP/BP PS to staff approval 12. A final landscape and irrigation plan shall be approved prior to the issuance of PF PS building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. • Final tree list shall be submitted with building permits, subject to staff approval. ■ Parking court and open space trees shall be minimum 15 -gallon size and double staked. • Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 13. The developer and/or subsequent owner shall assume responsibility for the Ongoing continued maintenance of all landscape and common areas, consistent with EXHIBIT C. 14. Affordable Housing Requirement: The applicant shall either designate one unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. MR • • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 69-10 Navajoa Ave. BL: Business License BS: Building Services FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Parrrd PD: Police Department CE: City Engineer FI: Final Inspection WW: Wasteweer TO: Temporary CA City Attorney Occupancy F0: Final Occupancy 15. Affordable Workforce Housing BP PS, CA Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve t/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days: During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits GPBP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native trees. 17. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 141 Conditions of Approval / Mitigation Monitoring Program 69 fO Na vajoa Ave. PD -25 Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permil FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: Cily Engineer WW: Wastewater CA City Attorney Mitigation Measure 19. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention -basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. All frontage landscaping and sidewalks along arterial streets 20. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or 142 • • 11 • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6910 NavajoaAve. BL: Business Licanse BS: Building Services FO: Fire Depadrnsnt PD -25 Master Plan of Development BP: artment uildingParnil BP: Building Permit CE:PoyEnginlice CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy taking effect. 21. Approval of this permit shall include the removal of 1 Native Tree, totaling 7 BP PS, BS inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. City Engineer Conditions Grading and Drainage 22. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 23. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 24. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. 25. Show the method of dispersal at all pipe outlets. Include specifications for size BP, GP CE & type. 26. Existing drainage patterns from adjacent properties shall not be obstructed. BP, GP CE 27. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 28. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to 143 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Buss BS: Building Services 6910 NavajoaAve. License FD: Fire Deparlinent PD-25 Master Plan of Development GP: Grading Permit BP: BuildingPerrm PD: Police Department CE: Cily Engineer FI: Finallnspectbn WW: Wastewater TO: Temporary CP: City Attorney Occupancy F0: Final Occupancy recordation. 29. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 30. The applicant shall overlay or slurry seal the entire street frontage of Navajoa, BP, GP CE as directed by the City Engineer. SANITARY SEWER CONDITIONS 31. The applicant shall pay sewer Extension (Annexation) and Connection fees BP, GP CE upon issuance of building permit. 32. Drainage piping serving fixtures which have flood level rims located below the BP, GP CE elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 33. Each building shall be separately and independently connected with the public BP, GP CE sewer. 34. Private utility easements will be required for sewer laterals that cross private BP, GP CE property lines. 35. Prior to recording the final map, provisions for the repair and maintenance of BP, GP CE the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 36. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. STANDARD CONDITIONS 37. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 39. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 144 • • .J • • onditions of Approval / Timing Responsibility Mitigation itigation Monitoring Program /Monitoring Measure 910 Navajoa Ave. [PD-25 BL Business License PS: Planning Services BS: Building Services FD: FireNparlment Master Plan of Development GP: Grading Pani BP: Building Permit PD: Police ginartment CE: CoCEngineer FI: Finallnspectbn TO: Temporary WW: Wastewater CA Cit/ Atlomey Occupancy F0: Final Occupancy 40. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 41. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 42. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 43. The applicant shall monument all property comers for construction control and FM CE shall promptly replace them if disturbed. 44. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 45. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 46. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 47. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 48. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 49. Prior to recording the map, the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 50. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 51. Prior to recording the tract map, the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be 145 Conditions of Approval / 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 NavajoaAve. License FD: Fire Department GP: Grading Permit PD: Police Department PD -25 MasterPlan of Development BP: Building Pemrl CE: City Engineer FI: Finallnspecton WW: Wastewater TO: Terrporary CA: City Attorney Occupancy F0: Final Occupancy shown on the map. 52. Upon recording the final map, the applicant shall provide the City with a black FM CE line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 53. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 54. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 55. An encroachment permit shall be obtained prior to any work within City rights BP, GP CE of way. 56. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 57. Before recordation of the final map, the applicant shall submit plans to FM AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 57. Before the start of construction on the water system improvements, the BP applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 58. Before issuance of building permits, the applicant shall obtain a "Will Serve" BP letter from AMWC for the newly created lots within the subdivision. 59. Separate water meters for domestic water service are required for each BP individual dwelling. 60. The applicant is responsible for designing and constructing water system BP improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures 61. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS nature to minimize the visual impact of the paved area. 146 • • • • 17J • Conditions of Approval / Mitigation Monitoring Program 69110 Navajoa Ave. PD -25 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspectbn TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Departrnenl PD: Police Department CE: City Engineer WW: Wastewater CA City Atlomey Mitigation Measure 62. Mitigation Measure 1 A.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 63. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. • Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; C Areas to be graded or excavated must be kept adequately 147 Conditions Of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Sentices IL: Business BS: Building Services 69f0 Navajoa Ave, License FD: Fre Deparlment PD -25 Master Plan of Development GP: Grading Permit BR Building Permit PD: Police Department CE: City Engineer FI: Final Inspectinn WW: Wastewater TO: Temporary CA City Altomey Occupancy FO: Final Occupancy wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 64. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 65. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal 66. Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. 67. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. M; • • :7 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 6910 Navajoa Ave. BL: Business License PS: Planning Services BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP:cuaangPerrrn BP: Building Perrrd CE: Cit be EngineDepanter CE: City Engineer FL Finallnspection WW: Wastewater T0: Temporary Ocupanq CA. City AVomey F0: Final Occupancy 68. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 69. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 70. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 149 EXHIBIT B: Master Plan of Development/Site Plan 150 101 • 10 I * � 0 EXHIBIT C: Landscape Plan r _ _ anugmu3 ,—Ptiaswti anua,&V aoFPAvf L 0T69It' 9Zf1d t!a �9MI+fV Y�M7�I�S 4MHi�f �i o 1 it I V W Ul �w R i.J..i 5 0LU _ x c..a LU FIR V LU ..� %; I7 a � i 151 EXHIBIT D: Elevations Plan A 152 01 • Oe 1 . 91 gZCId ll rt�ta s ■ � . ���1 gig as ��? I M 1111 i 4 152 01 • U • E EXHIBIT E: Elevations Plan B 153 —�.d,....s.w, V uygnuq uO U I..w,, ro r' OnUOAV 'COPUALN 0169 dr SZCIcl d . 1 A C� III ' "r� I I I !� I 1" a II I' III 1 U 'AI r i y try ry` ( p I I I � 1 ISI'.f tu 1 LU 1 am F L i u Cd 153 EXHIBIT F: Elevations Plans C-2 154 J 0 � 10 10 I * EXHIBIT G: Elevations Plan C-1 155 EXHIBIT H: Grading and Drainage Plan 156 * I 01 0 � • • • EXHIBIT 1: Color and Materials **See project file for colors** 157 EXHIBIT J: Tree Protection Plan Tree Index Table Revised October 2005 1 2 3 4 5 6 7 & 9 10 1Sno Trunk 'Gree Caexuneeion Wpline Mitigiuioo 'moditsring prmnog, I= dbb R _1.0 I.1 7.... Unrmcfad 11% Footing 1? Yon Alone Bared dig fooling X ki) 7 o, keuvval t00% Footing F None None L4W wouV& fbrgna below 4' 200 U) 8 l: ifrze�f !/1li4an Footing 1' Aloe, Alone 27 U) to 7 'R."WArrl lom Footing F Aust NOW .i/o W .3 7 I""oval r Aoaorri; h None blot, JI 1.0 34 7 bnpoetot 14°i Footing F Yes YO-Ciaszk i ttoofeld"micc 3, 1" brauch" iAsevteium in Im icx ReportAddendum for Don Vaughn -6910 Navajoa (April 17,200,4) *three additional teeft removed: threiber 131,4 -3715 158 W" r� �! 1 r � 1 t ,J ,1 1 f J ! 1 { i " OM1:: � 1� � �•4./ 1 1 n PALM t '' } : � r @IMPACTED TREE X REMONTD TREE PROTECTION FENCING 01 *I • • ATTACHMENT 8: Draft Resolution C Approval of Proposed Tentative Parcel Map DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2004-0056, A FOUR LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-373-020 (6910 Navajoa Ave / Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family - 10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Avenue (APN 030-373-020); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi- Family-10/Planned Development Overlay #25); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 1, 2005, studied and considered Tentative Parcel Map 2004- 0056, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and 159 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 10, 2006 studied and considered Tentative Parcel Map 2004-0056, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the City Council finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -25 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #25 Master Plan of Development (CUP 2004-0133). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the MasterPlan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) overtime. S. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 160 • SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 10, 2006, resolved to approve Tentative Parcel Map (TPM 2004- 0056) subject to the following: 1. Exhibit A: Tentative Parcel Map 2004-0056 2. Exhibit B: Conditions of Approval I Mitigation Monitoring Program. 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 ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney • Tom O'Malley, Mayor 161 Exhibit A: Tentative Parcel Map 162 01 01 0 � r] • Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 20040056 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 6910 Nava'oa Ave. GP: Grading Pemut BP: BuildingPemit PS: Planning Services BS: Building Services SIP: Subdwision FD: Fire Department Tentative Parcel Ma Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2004-0056 TO: Temporary WW: Wastewater Occupancy CA City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-373-020) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably 163 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Pend PS: Planning Services BP Building Perot BS: Building Services 6910 Navajoa Ave. SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Deparlment Tentative Parcel Map FM: Final Map CE: City Engineer TPM 20040056 TO: Temporary Occupancy WW: Wastewater CA City Attorney FI: Prialmspection AMWC: Water Comp. F0: Final Occupancy required by the City with regard to the establishment of the district and assessment of the property. • All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. • All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. • All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and FM PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. 164 • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Parcel Ma Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall either designate FM/BP PS/CA one unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. 12. Affordable Workforce Housing FM/BP PS Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. City Engineer Conditions Grading and Drainage 13. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 165 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Perot BS: Building Services 6910 Navajoa Ave. SIP: Subdivision FD: FireDepartmenl Tentative Parcel Map Improvem�t Plans FM: Final Map PD: Police Department GE: Cily Engineer TPM 20040056 T0: Temporary Occupancy WW: Wastewater CA City Attorney FI: Final nspection AMWC: Water Corp. F0: Final Oseupancy 14. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 15. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. 16. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 17. Existing drainage patterns from adjacent properties shall not be BP, GP CE obstructed. 18. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 19. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 20. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 21. The applicant shall overlay or slurry seal the entire street frontage of BP, GP CE Navajoa, as directed by the City Engineer. SANITARY SEWER CONDITIONS 166 • • • I ]l Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Parcel Map Inprovement Plans FM: Final Map PD: Pone Department CE: City Engineer TPM 20040056 TO: Temporary occupancy WW: Wastewater CA CMAttomey FI: Final inspection AMWC: Water Coup. F0: Final Occupancy 22. The applicant shall pay sewer Extension (Annexation) and Connection BP, GP CE fees upon issuance of building permit. 23. Drainage piping serving fixtures which have flood level rims located BP, GP CE below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 24. Each building shall be separately and independently connected with the BP, GP CE public sewer. 25. Private utility easements will be required for sewer laterals that cross BP, GP CE private property lines. 26. Prior to recording the final map, provisions for the repair and BP, GP CE maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 27. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. STANDARD CONDITIONS 28. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 29. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 30. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 31. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map, 32. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 33. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 167 Conditions of Approval / 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Pernt PS: Planning Services BS: Building Services 6910 Navajoa Ave. SIP: Subdivision FD: Fire Department Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2004-0056 TO: Tenporary Occupancy WW: Wastewater CA CityAnomey FI: Final inspection AMWC: Water Cone. F0: Final Occupancy 34. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 36. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 37. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 38. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 39. Prior to recording the tract map, the applicant shall submit a map drawn FM CE in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 40. Prior to recording the map, the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 41. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 42. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 43. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 44. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved • • • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permt PS: Planning Services 6910 Navajoa Ave. BP: Building Pork SIP: Subdivision BS: Building Services FD: Fire Department Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 20040056 TO: Temporary Occupancy WW: Wastewater CaCity Attorney FI: Final inspeoWn AMWC: Water Comp. F0: Final Occupancy plans. 45. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 46. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 47. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 48. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 49. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 50. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 51. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 52. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 53. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for 169 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Pemrl PS: Planning Services BS: Building Services 6910 Navajoa Ave. SIP: Subdivision Ir provement Plans FD: Fire Department PD: Poke Depadrnent Tentative Parcel Map FM: Final Map CE City Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CaCity nnomey FI: Final inspection AMWC: Water Comp, FO: Final Occupancy common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures 54. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS 1.c.1 nature to minimize the visual impact of the paved area. 55. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall BP PS 1.d.1 mounted building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 56. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in an 170 r� u • • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: SubdN'sion BS: Building Services FD: Fire Department Map Parcel Ma irnpTentative Mapent lens FM: Final Map FIA: Final CE City EnPD: Police gineer TPM 20040056 TO: Temporary Occupancy WW: Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 57. Mitigation Measure 4.e.1: The Grading Plan shall identify tree GP PS 4.e.1 protection fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 58. Mitigation Measure 4.e.2: Grading and excavation and grading work GP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 171 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Pemtil BS: Bugling Servbes 6910 Navajoa Ave. SIP: Subdivision FD: Fire Department Tentative Parcel Map Improvement Plans FM: Final Map PD: Polbe Depadment CE: City Engineer TPM 2004-0056 TO: Temporary oceipancy WW: Wastewater CA City Attorney FI: Finalirspeclion AMWC:Water Conp. F0: Final Occupancy 59. Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. 60. Mitigation Measure 6.b: The grading permit application plans shall GP CE 6.b include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. 61. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 62. Mitigation Measure 8.e.f: The developer is responsible for ensuring that BP CE 8.e.f all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 63. Mitigation Measure 11.d: All construction activities shall comply with the ongoing BS/PS ii.d City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the,event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 172 1] • I * lie 10 Atascadero City Council ITEM NUMBER: B-2 DATE: 01/10/06 Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment (ZCH 2005-0106) (Bennet/Norris) RECOMMENDATION: Planning Commission recommends Council introduce for first reading by title only, Draft Ordinance A, approving Zone Change 2005-0106 based on findings. REPORT -IN BRIEF: The proposed project consists of a Zoning Text Code Amendment to portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code to make indoor shooting ranges a conditionally allowable use. 1. Owners/Applicants: Robert Bennet c/o Fence Factory 2. General Plan Designation: 3. Zoning District: 4. Environmental Status: 2419 Palma Drive, Ventura, CA 93003 William Norris, 4580 Farousse Way Paso Robles, CA 93446 Commercial Park Districts Commercial Park Districts Consistent with Environmental Impact Report prepared for 2002 General Plan 173 ITEM NUMBER: B - 2 DATE: 01/10/06 DISCUSSION: i Analysis: The proposed text amendments consist of adding a conditionally allowable use to the approved uses in the Commercial Park Zoning District and to expand the definition of Indoor Recreational Uses. Additions to the existing text are shown as underlined and highlighted. Currently, Indoor Recreational Uses are not an allowed use in the Commercial Park Zoning Districts. The applicants are requesting that the conditionally allowed uses in the CPK Districts be expanded to include Indoor Recreational uses to facilitate the development of indoor shooting and archery ranges. The Police and Fire Departments have reviewed the request and have no concerns regarding the safety or security of indoor shooting ranges. These ranges typically utilize manufactured equipment to filter the air and to contain the shells and noise within the structure. The Planning Commission held a public hearing for this project on December 6, 2005 and recommends the text change to the City Council. The Commission and publichad very few questions regarding the proposed text change. Draft minutes from the hearing are incorporated below: 6. ZONE CHANGE 2005-0106 Owner: Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, CA 93003 William Norris, 4580 Farousse Way, Paso Robles, CA 93446 Project Title: Zone Text Change 2005-0106 Indoor Recreation Project All Commercial Park Zoning District within the City of Atascadero, County of San Luis Location: Obispo. (See attached map). Project ` Request to expand the conditionally allowable uses within the Commercial Park Zoning Description: District to allow for indoor recreational uses with Planning Commission review. General Plan Designation: CPK Zoning District: CPK Proposed Categorically exempt. Environmental Determination: Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMENT William Norris, applicant, answered questions of the Commission. 174 • ITEM NUMBER: B - 2 DATE: 01/10/06 0 Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0101, recommending that the City Council introduce an Ordinance for first reading, by title only, to approve Zone Change 2005- 0106 based on findings. Motion passed 4:0 by a roll -call vote. Indoor Recreational Uses Following is the proposed addition to the purpose of Indoor Recreation Services: Article 29. Land Use Descriptions 9-3.701 Purpose. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports,hootlrg.andarc)heranes: recreation and community centers. Commercial Park Zoning Districts (CPK) The proposed text amendment to CPK use is as follows: Article 12. CPK (Commercial Park) Zone 9-3.251 Purpose. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999; Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983) 9-3.252 Allowable uses. The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this title: (a) Apparel and finished products; (b) Accessory storage (see Section 9-6.103); (c) Broadcasting studios; (d) Building materials and hardware (see Section 9-6.165); (e) Business support services; (f) Contract construction services; (g) Electronic and scientific instruments; 175 ITEM NUMBER: B - 2 DATE: 01/10106 (h) Farm equipment and supplies; (i) Food and kindred products (see Section 9-6.128); 0) Fuel and ice dealers (see Section 9-6.129); (k) Furniture and fixtures; (1) Horticultural specialties (see Section 9-6.116); (m) Laundries and dry cleaning plants; (n) Light repair services; (o) Mail order and vending; (p) Roadside stands (see Section 9-6.117); (q) Schools—business and vocational (see Section 9-6.125); (r) Small scale manufacturing; (s) Stone and cut stone products; (t) Temporary events (see Section 9-6.177); (u) Temporary or seasonal sales (see Section 9-6.174); (v) Utility transmission facilities; (w) Wholesaling and distribution; (x) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of twenty thousand (20,000) square feet of floor area: (1) Financial services, (2) Food and beverage retail sales, (3) Furniture, home furnishings and equipment, (4) General merchandise store. (y) Eating and drinking places of up to two thousand five hundred (2,500) square feet; (z) Office; (aa) Health care services. (Ord. 473 § 2 (part), 2005: Ord. 425 § 3, 2003; Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 77 § 1 (1), 1984; Ord. 68 § 9-3.252, 1983) 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone with Planning Commission approval. The establishment of conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); (c) Bar/tavern; (d) Chemical products; (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (h) Glass products; ,i1' I door,recreational =uses 0) Lumber and wood products; 176 ITEM NUMBER: B-2 DATE: 01/10/06 (k) Machinery manufacturing; (1) Membership organizations; (m) Mini storage; (n) Paper products; (o) Paving materials; (p) Pipelines; (q) Plastics and rubber products; (r) Public assembly and entertainment; (s) Sales lots (see Section 9-6.139); (t) Structural clay pottery products; (u) Textile mills; (v) Transit stations and terminals; (w) Vehicle and equipment storage (see Section 9-6.183); (x) Warehousing; (y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9- 3.253, 1983) 9-3.254 Lot size. The minimum lot size in the Commercial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.254, 1983) 9-3.255 Development standards. The following development standards may be modified through the conditional use permit process. (a) Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height_ (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. All new and existing utilities shall be installed underground. (Ord. 364 § 2 (part), Exh. B (part), 1999) 177 ITEM NUMBER: B-2 DATE: 01/10/06 CPK Zoning Districts The zone change would affect the following areas of Atascadero. 178 0 � 0 � • • ITEM NUMBER: B - 2 DATE: 01/10/06 Proposed Environmental Determination The proposed text changes are consistent with the Environmental Impact Report prepared for the City's General Plan and adopted by the City Council in June 2002. Conclusion The General Plan has identified Commercial Park (CPK) districts as: "...areas along the northern portion of El Camino Real to accommodate uses that require large parcels, such as automobile and mobile home sales, factory outlet centers, traveler destination and recreation complexes, craft uses, nurseries and planned commercial developments. Certain types of light industrial uses, including research and development facilities and clean manufacturing facilities, along with office parks and business uses may also be appropriate in this area. " (Emphasis added.) The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. The proposed changes will allow for indoor recreational uses, with Planning Commission approval, in areas where lot sizes are generally large enough to accommodate the larger size buildings needed to facilitate such uses. FISCAL IMPACT None. ALTERNATIVES 1. The City Council may make modifications to the proposed text amendments. 2. The City Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The City Council may deny the project. The Council should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Draft Ordinance A 179 ATTACHMENT 1: Draft Ordinance A DRAFT ORDINANCE A ITEM NUMBER: B - 2 DATE: 01/10/06 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-00106 AMENDING ATASCADERO MUNICIPAL CODE SECTIONS 9-3.701 AND 9-3.253 EXPANDING THE DEFINITION OF INDOOR RECREATIONAL USES AND CONDITIONALLY ALLOWING INDOOR RECREATIONAL USES IN THE COMMERCIAL PARK ZONING DISTRICTS (CPK) (Bennet/Norris) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, California 93003, to consider Zone Change Text Amendments to conditionally allow indoor recreational uses in the Commercial Park (CPK) Zoning Districts; and, WHEREAS, the project is consistent with the Environmental Impact Report (EIR) prepared for the City's General Plan, adopted in June 2002, whereby the EIR assessed, impacts associated with "recreational complexes" in the CPK land use designated areas; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality. Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2005, studied and considered Zone Change 2005-0106; and, • • ITEM NUMBER: B - 2 DATE: 01/10/06 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January , studied and considered Zone Change 2005-0106; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of Zone Text Change 2005-0106. The City Council finds as follows: 1. The Zone Change is consistent with General Plan policies and all other applicable Ordinances and policies of the City. 2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Zone Change will not, in itself, result in significant environmental impacts. 4. The Zone Change is consistent with the Environmental Impact Report, adopted in June 2002, prepared for the City's General Plan, which considered Recreational Complexes in the Commercial Park Zoning Districts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on January , 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text as follows: Article 29. Land Use Descriptions 9-3.701 Purpose. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; 6j,-An'd arc'hery ranges; recreation and community centers. Article 12. CPK (Commercial Park) Zone 9-3.251 Purpose. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983) 9-3.253 Conditional uses. 181 ITEM NUMBER: B - 2 DATE: 01110/06 The following uses may be established in the Commercial Park Zone with Planning Commission approval. The establishment of conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); (c) Bar/tavern; (d) Chemical products; (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (h) Glass products; 01)-Andoor :recreational :uses 0) Lumber and wood products; (k) Machinery manufacturing; (1) Membership organizations; (m) Mini storage; (n) Paper products; (o) Paving materials; (p) Pipelines; (q) Plastics and rubber products; (r) Public assembly and entertainment; (s) Sales lots (see Section 9-6.139); (t) Structural clay pottery products; (u) Textile mills; (v) Transit stations and terminals; (w) Vehicle and equipment storage (see Section 9-6.183); (x) Warehousing; (y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9- 3.253, 1983) SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 182 00 • • ITEM NUMBER: B - 2 DATE: 01/10/06 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO WN ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney Tom O'Malley, Mayor 183 Atascadero City Council Staff Report - City Manager's Office ITEM NUMBER: C-1 DATE: 1/10/06 Review of Solid Waste Collection Services RECOMMENDATION: Council direct staff on how to proceed regarding the City's contract with Atascadero Waste Alternatives. DISCUSSION: The City's solid waste collection services are currently provided by Atascadero Waste Alternatives (AWA), an affiliate of Waste Management. AWA has been providing these services to the City since 1996 when AWA took over an existing agreement with Wil - Mar Disposal, Inc. The existing agreement (Attachment 1) covers the work being performed, the term, calculation of user charges and establishes a franchise fee payment to the City of 5% of gross receipts. The agreement between the City and AWA has been in effect for ten years and it may be prudent to review the quality. of services being received by AWA, the rates being charged, and the amount of franchise fees being paid. This evening staff is asking the City Council if the agreement with AWA should continue to be in effect, if the existing agreement should be renegotiated or if other alternatives should be explored. The agreement with AWA does not expire but automatically renews on May 1 st of each year unless the City notifies AWA at least three months prior to May 1 st of its intent to re-examine the term of the Agreement. Therefore, if the City wishes to look into other options or renegotiate the existing agreement, the City would need to notify AWA by February 1, 2006 and a process to identify other possible service providers would need to begin. ATTACHMENT: 1. Solid Waste Collection Franchise Agreement 185 CONTRACT N,-. 96011 * I SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, made and entered :into this 1st day of May, 1996, by and between the CITY OF ATASCADERO, apolitical subdivision of the State of California, hereinafter called "City", and ATASCADERO WASTE ALTERNATIVES, INC., a California Corporation, the successor in interest to WIL-MAR DISPOSAL COMPANY, INC., a California Corporation, hereinafter called "Franchisee". Witnesseth For and in consideration of the payments to be made by Franchisee to City, and in further consideration of the full and faithful performance by Franchisee of all terms, covenants, and conditions of this agreement, as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows: 1. Scope of Work. Franchisee shall provide all labor, materials, tools, and equipment necessary to perform all work required to collect and haul solid waste and curbside recyclables from locations within the City in accordance with this Agreement. (a) Collection and hauling of non-putrescible demolition and construction wastes shall be excepted from the scope of work as described above. 2. Term. The term of this agreement, originally entered into for a period of seven (7) years from October 1, 1991, and thereafter extended for a period of three (3) years, shall continue for seven (7) years from May 1, 1996. 3. Extension of Term: On the first day of May of each year, commencing May 1, 1997, the term of this Agreement shall be extended for one (1) year, unless one of the following conditions shall occur: a. City shall notify Franchisee at least three (3) months prior to May 1 of its intent to reexamine the term of the Agreement, or b. Franchisee shall notify City at least three (3) months prior to May 1 of its intent to request reexamination of the term of the Agreement. 1 4. Termination of Agreement. Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated in any of the following ways: (a) Pursuant to specific provisions of this Agreement providing for such termination, and/or (b) Upon mutual written agreement of the parties hereto;. (c) By operation of law; and/or (d) As a result of a material breach of this Agreement by either party. S. Franchise Fee. During the term of this Agreement, Franchisee shall pay to the City a sum equal to five percent (5%) of Franchisee's gross receipts derived from its franchised solid waste collection operations conducted within the City pursuant to this Agreement. For the purpose of this Agreement, "gross receipts" shall mean any and all forms of compensation and funds, including but not limited to cash, check or credit card, actually received by Franchisee from any person arising out of the Franchisee's franchised operations conducted within the City pursuant to this Agreement. The Franchise Fee shall be paid to City by Franchisee monthly on the fifteenth (15th) calendar day of each month during the term hereof. Upon notice to Franchisee given three (3) months in advance, City may change the franchise fee percentage. 6. Charges. Franchisee shall be permitted to make such charges for its Services as hereinafter provided: A. Residential and Commercial Charges. (i) Rates shall be adjusted annually according to the CPI commencing May 1, 1996. Commencing May 1, 1996, the current monthly service rate shall be charged for a four (4) week cycle, and shall be billed every eight (8) weeks. The CPI adjustment to be applied shall be the annual change in the United States Department of Labor Consumer Price Index for Los Angeles -Anaheim -Riverside, All Urban Consumers, hereinafter and hereinabove referred to as CPI, measured October to October applied as a percentage of the above referenced rates. In no event shall the annual adjustment exceed five percent {50) Such rate base shall not be changed by .any future tipping fee adjustments. (ii) Residential rates shall be rounded to the nearest $.05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however, said surcharge shall be added to the rate determined by applying the formula. Commercial rates shall be rounded to the nearest $1.00 or such other amount as may be mutually agreed upon by the City and Franchisee. 2 187 (iii) Said adjustment in residential and commercial refuse collection rates shall be effective on the first billing cycle following the effective date of the adjustment. Residential accounts are billed every eight (8) weeks. Commercial accounts are billed every four (4) weeks. (iv) Franchisee shall provide notice as soon as possible to its residential and commercial customers of rate adjustments at least one (1) month prior to the effective date of said adjustment. (v) The updated rate schedule shall be submitted to the City as an information item at least one (1) month prior to implementing the rate change. B. Tipping Fee Adjustments. ( i ) Weight: In the event landfill tipping fees are determined by weight, then for each $1.00/ton change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: annual ton/prior 12 months of FRANCHISEE'S revenue for annual revenue/prior 12 months = $1.00/ton tipping fee change approved tipping fee % of change current adjustment to increase or _ multiplier x rate add or subtract decrease per ton from rate (ii) Volume: In the event landfill tipping fees are determined by volume, then for each $1.00/yard change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: e annual yard/prior 12 months of FRANCHISEE'S revenue for annual revenue/prior 12 months $1.00/yard tipping fee change approved tipping fee % of change current adjustment to increase or = multiplier x rate = add or subtract decrease per yard from rate (iii) City reserves the right to review the basis for tipping fee adjustments approved by the Board of Supervisors or other governing body. (iv) Franchisee shall provide to City a copy of a Landfill's request for a change in the tipping fees no later than five (5) days following receipt of knowledge by Franchisee of request to the County of San Luis Obispo or any other governing body. 3 im 01 • • (v) Franchisee shall notify City of action taken by the Board of Supervisors or any other governing body regarding said request within five ( 5 ) days following Franchisee's receipt of knowledge of said action. 7. Filing of Statements. Audits. Franchisee shall, on or before the fifteenth (15th) day of each calendar month occurring during the term hereof, file with the Director of Finance of the City a verified Statement of Gross Receipts ("Statement") actually received by Franchisee during the immediate preceding calendar month. Each such Statement shall be verified on behalf of the Franchisee by a person designated for such purpose by the Franchisee. The City shall have the right to inspect, review, and audit, at any reasonable time, upon not less than twenty-four (24) hours written notice to Franchisee, any and all of the Franchisee's books or records to determine the accuracy of the contents of any Statement. The City shall also have the right to order an audit, conducted by a qualified independent auditor selected by the City, of the Franchisee's books and records to determine the accuracy of the Statements filed with the City. If any City ordered audit discloses an understated amount of Gross Receipts on any Statement, equaling three percent (30) or.more during any reporting period, the cost of the audit shall be borne exclusively by the Franchisee; in all other cases such audit costs shall be borne by the City. 8. Compliance with Applicable Law. Franchisee, in performance of its duties pursuant to the provisions of this Agreement, shall comply with all applicable laws, including, but not limited to: the Atascadero Municipal Code, and Regulations adopted by the City Manager of City Council pursuant to State and Federal Law. The provisions of the Atascadero Municipal Code, as they now exist or may hereafter be adopted and/or amended, shall be deemed to be a part of this Agreement as if set forth herein in full. Franchisee shall, at all times during the term or terms of the Agreement pay all sums required as and -for Business License Taxes due pursuant to the provisions of the code. 9. Services. Franchisee agrees that during the term of this Agreement Franchisee will provide the services, as described in the Code, the Regulations, and this Agreement, including the collection and disposal of all solid waste and curbside recyclables generated within the City by its customers, excepting only those functions set forth at l(a) above, in the time and manner set forth in this Agreement, the Code, and the Regulations. 10. Administration of Contract. (a) Responsible City Officer. The City Manager of City is hereby designated as the City Officer responsible for the administration 'of this Agreement. The Franchisee shall obey all 40 4 i• lawful orders, directions, and instructions issued by the City Manager with reference to the provisions of this Agreement. 0 (b) Responsible Franchisee Employee. The Franchisee shall, in writing, contemporaneously with the execution of this Agreement, designate a qualified person who shall be the responsible officer or employee of Franchisee for the purpose of administration of this Agreement. Such person shall be authorized by Franchisee to act on behalf of Franchisee, including, but not limited to, accepting all notices given by the City with reference to this Agreement. (c) Interpretations. Orders. If at any time during the term of this Agreement the City Manager issues to Franchisee any written interpretation of this Agreement or any order, instruction, or direction relating to the Franchisee's services provided pursuant to this Agreement (collectively "Order"), which Franchisee believes is improper or not within the scope of its duties imposed pursuant to this Agreement, Franchisee may, within ten (10) consecutive working days following service upon Franchisee of the City Manager's Order, have the right of appeal to the City Council with reference to the issuance of such order. The City Clerk upon receipt of such a request for review by ,the Franchisee shall place the matter on the next most convenient agenda of the City Council for consideration. The Franchisee shall be given not less than ten (10) consecutive working days notice by the City Clerk of the time and place of the hearing upon its request for review of the City. Manager's Order. The City Council at the time of such .hearing shall permit the Franchisee and any other interested person, a reasonable opportunity to be heard on the question of the appropriateness of the City Manager's Order. Thereafter, based upon its review, the City Council shall affirm, modify, or disaffirm the City Manager's Order. The City Council's decision shall be final and conclusive. 11. Recycling Plans. The Franchisee, in the performance of its obligation pursuant to this Agreement, shall comply with any and all provisions of any recycling plan or plans or programs (collectively "Plan") adopted by the City during the term or terms of this Agreement. 12. Assignment. The Franchisee shall not assign any of its obligations imposed pursuant to the provisions of this Agreement without the prior written consent of the City Council of City expressed by resolution. The consent of the City Council shall not be unreasonably withheld, provided that in determining whether or not to consent to such assignment, the City Council may consider all relevant factors relating thereto, including, but not limited to, the qualifications, experience, and financial responsibility of the prospective assignee. Assignment of an obligation to a corporate entity in which the Franchisee holds a majority control shall not be considered an assignment requiring written consent of 5 190 the City Council. Transfer of twenty-five percent (25%) or more of shares of corporate Franchisee shall be considered an assignment requiring prior consent of the City Council. 13. Direction to Landfill. After due consideration of all relevant factors, the City Council may request Franchisee to utilize a specific legally permitted landfill. In the event the City Council makes such a request, expressed by resolution, Franchisee shall give great weight to the City Council's request. Franchisee shall indemnify and hold City harmless as a result of such request if City is found to be an arranger pursuant to State or Federal law. 14. Extraordinary Review. In the event extraordinary circumstances arise which would cause economic hardship to Franchisee, a special request can be made for rate review. In such case, Franchisee shall present information substantiating the need for extraordinary relief. In the event that rates are approved based upon extraordinary need, Franchisee may be required periodically to submit evidence that the reason for extraordinary relief provided continues to exist. . 15. Exclusivity. This Agreement is intended by the parties, to the extent permitted by law, to designate the Franchisee as the exclusive Franchisee for the purpose of providing, on an exclusive basis, the services provided herein to the owners and/or occupants of all real property located within the City. 16. Temporary Default by Franchisee. Costs. Liquidated Damages. Termination. (a) Temporary Default. If Franchisee, for any reason, ceases to perform the services in accordance with the provisions of this Agreement and the Code, the City Manager may take the steps necessary to temporarily provide the services by City or other entities engaged by the City Manager. The City shall be entitled to provide such services and thereafter charge the ,Franchisee for the costs of such services, including, but not limited to, administrative overhead, determined in accordance with City's standard accounting practices. (b) Liquidated Damages. In the event Franchisee ceases to provide the services, the Franchisee shall pay to City a sum, as and for liquidated damages, in an amount equal to the Franchisee's average daily gross receipts for each calendar day during which City is required to perform such services pursuant to this Section is16. The parties agree and acknowledge that in the event of such 6 191 default by Franchisee, the actual damages to the City, as a result of such default, in addition to the out-of-pocket cost to City of providing the services, would be difficult, if not impossible, to ascertain, and therefore the parties have negotiated this liquidated damage provision and have agreed that a sum equal to the Franchisee's average daily gross receipts per calendar day for each day during which such default occurs, represents a reasonable sum, to be paid by Franchisee to City as and for liquidated damages for each day of such temporary default for a period not in excess of thirty (30) consecutive calendar days. The parties have agreed upon the foregoing as a liquidated damage provision, and not as a penalty. "Average daily gross receipts" shall be determined for the purpose of this section based upon the total amount of Franchisee's Gross Receipts for the three (3) calendar months immediately preceding the calendar month during which Franchisee ceases to provide the services, divided by the number of calendar days included in such three-month period. (c) Termination. If such a period of temporary default continues for more than thirty ( 3 0 ) consecutive calendar days, City shall have the right to terminate this Agreement forthwith, and in addition to damages and costs it is entitled to, pursuant to subsections (a) and (b) of this Section 16, City shall be entitled to its actual damages resulting from such breach by Franchisee occurring after termination by City including, but not limited to, all costs incurred by City in obtaining a new Franchisee; all costs incurred in providing the services after the effective date of the termination until a new exclusive Franchise Agreement has been. executed and is in full force and effect; all increased costs of services during the remaining term of this Agreement as of the date of its termination; and all City administrative overhead costs incurred as a result of such termination, including, but not limited to, fees for City's attorney's services. Upon receipt of invoice for such Costs, the Franchisee shall pay the same within a period of ten (10 ) days. - 17. City Facilities. Franchisee, at its sole expense, shall collect solid waste from the City facilities enumerated and described on Exhibit A, attached hereto and incorporated herein by this reference, excepting therefrom the collection of non putrescible demolition and construction waste. 18. City -Wide Special Events. Franchisee, at its sole expense, shall provide such equipment and services as deemed necessary by the City Manager for one (1) City -Wide City sponsored Solid Waste Collection special event per year. Such equipment and services shall consist of, but not be limited to, recycling bins, roll -offs, extra receptacles, and bins as determined by the City Manager to be necessary. The locations and the specific day upon which the special event shall take place shall be established by the City Manager. 7 192 19. Franchisee Employees. Conduct. 0 (a) Franchisee shall require all employees to wear clean, neat, presentable uniforms. (b) The Franchisee shall perform the services in a manner which will cause the least possible interference with or annoyance to the public. All Franchisee's employees shall be instructed to be courteous and responsive to the public. 20. Local Offices and Telephone Service. Franchisee shall, at all times during the term hereof, maintain a local office. Franchisee shall maintain the office open and available at all times, Mondays through Fridays, holidays excluded, between the hours of 9:30 a.m. to 4:30 p.m. 21. Conduct of Services. The Franchisee shall conduct its operations hereunder in such a manner so as to cause as little inconvenience as is possible to the public, and to that end, the following rules shall be observed: (a) All services shall be conducted between 6:30 a.m. and 7:00 p.m. in residential areas and 6:00 a.m. and 9:00 p.m. in commercial areas. (b) After a solid waste receptacle has been emptied into a solid waste truck, it shall be replaced in an upright position at the place where presented for collection, as :prescribed by the Code and this Agreement; and (c) Solid waste receptacles shall not be thrown from a truck to the ground, but placed on the ground in a manner that will prevent damage to the receptacles. The Franchisee shall take all steps necessary to ensure that the receptacles are treated by its employees and agents in a reasonable manner so as to prevent damage and destruction thereto; and (d) Franchisee shall cause all spills of solid waste occurring during the collection process to be cleaned up, forthwith, by its employees. 22. Complaint Procedure. Franchisee shall be obligated to take all steps reasonably necessary and required to satisfy customer service complaints. Franchisee shall maintain a complaint log, in a form approved by the City Manager. Where a particular complaint cannot be amicably resolved, the matter may be referred by the Franchisee or by this customer to the City Manager. The City Manager, or his designee, shall take such steps as may be necessary to conduct an adequate investigation of the circumstances surrounding such complaint, and based thereon, resolve the dispute. The City Manager's decision with reference thereto shall be binding upon the parties to the dispute and shall be final and conclusive. 8 193 23. Status of Franchisee. Franchisee, for all purposes, shall be deemed to be an independent contractor and shall conduct its operations pursuant to the provisions of this Agreement in that said capacity. 24.- Insurance Coverage. With respect to performance of work under this Agreement, Franchisee shall maintain, at all times during the term hereof, insurance as described below: (a) Workers' Compensation insurance with statutory limits, and employer's liability insurance with limits as approved by City per accident; and (b) Comprehensive general liability insurance with a combined single limit not less than an amount approved by the City Manager, per occurrence. Such insurance shall include products/completed operations liability, broad form property damage coverage, and explosion and collapse and underground hazard coverage. Such insurance shall: (i) name as insureds City, its appointed and elected officials, officers, employees and agents; (ii) be primary with respect to any insurance or self-insurance programs maintained by the City; (iii) contain standard cross liability provisions; and (c) Comprehensive vehicle. liability insurance with a combined single limit not less than_an amount approved by the City Manager, per occurrence. Such insurance shall include coverage for owned, hired, and non -owned vehicles. The City Manager shall have the right of approval of insurance carriers issuing policies pursuant to this Agreement. Franchisee shall file with the City Clerk properly executed certificates of insurance in a form approved by the City Attorney of City, contemporaneously with execution of this Agreement. Certificates shall clearly evidence the existence of all coverage required above and shall provide that the coverage shall not be terminated or materially altered except after at least thirty (30) days prior written notice to City. Franchise shall replace such certificates for policies expiring prior to the termination or expiration of this Agreement. If Franchisee, for any reason, fails to maintain insurance coverage required pursuant to this Agreement, the same shall deemed a material breach of contract. City, at its sole option, may forthwith terminate this Agreement and obtain all damages from the Franchisee resulting from said breach. Alternatively, City may purchase such required insurance coverage on behalf of Franchisee and, upon notice, Franchisee shall forthwith reimburse City for all costs for obtaining such coverage, including all premium costs advanced by City for such insurance coverage. 9 194 • • 25. Performance Bond. Franchisee, at its sole expense, shall furnish to City, at all times during the term of this Agreement, a Performance Bond to assure the faithful performance of Franchisee's obligations under this Agreement. Such bond shall be executed by a surety company licensed to do business in the State of California and approved by the City. Such bond shall be issued in a form approved by the City and shall be in the penal sum of Fifty Thousand Dollars ($50,000.00). 26. Indemnity. Notwithstanding the existence of insurance coverage required of Franchisee pursuant to this Agreement, Franchisee shall save, keep, indemnify, hold harmless, and defend City and its respective appointed and elected officials, officers, employees, and agents ("Indemnified Parties"), from any and all claims, demands or judgment, in f avor of any person, for injury to, or the death of, any person, and/or damage to real or personal property, including all costs and expenses incurred in the defense thereof, occurring or arising out of the performance by Franchisee, its officers, agents, employees, including but not limited to, its City approved assignees or subcontractors (hereinafter collectively "Franchisee"), of the services required of Franchisee pursuant to this Agreement, occasioned by any act or omission to act where a duty to act exists, by the Franchisee, including, butnot limited to, any such liability imposed by reason of any infringement or alleged infringement or rights of any person in consequence of the use in the performance by Franchisee or the work hereunder, or any article, material, or supplies used or installed pursuant to this Agreement; and any such liability arising under or pursuant to any federal, state or local law. 27. Replacement Vehicles. The City Manager may instruct the Franchisee to cease using, and Franchisee shall not use, any motor vehicle in the performance of services hereunder which the City Manager reasonably believes is unsafe or which does not comply with the provisions of this Agreement or any applicable law. 28. Vehicle Inventory. Franchisee shall annually furnish the City Manager with an inventory of vehicles used by the Franchisee in the performance of services hereunder, and shall update the inventory as changes in equipment are made. Such inventory shall include the type and capacity of each vehicle, the number of vehicles and in the case of vehicles acquired by Franchisee after the commencement of this Agreement, the date of acquisition. 29. Status of Solid Waste and Curbside Recyclables. All solid waste and curbside recyclables collected pursuant to this Agreement shall be deemed to be the property of the Franchisee as of the time the same is placed for collection by the owner and/or occupant of the Lot upon which the same was generated, unless otherwise determined by the City Council, at its sole discretion. 30. Attorney's Fees. Should litigation, including 10 195 arbitration, be reasonably required to enforce any of the provisions of this Agreement, the prevailing party in such litigation shall be entitled to receive an award of attorney's fees in such amount as may be set in the discretion of the court. 31. Notices. Notice given pursuant to this Agreement shall be in writing, and shall be given by personal service upon the party to be ratified, or by United States Postal Service or its lawful successor, postage prepaid, addressed as follows: To City: City Manager City of Atascadero 6500 Palma Avenue Atascadero,CA 93422 To Franchisee: Atascadero Waste Alternatives, Inc. 5835 Traffic Way Atascadero, CA 93422 Notice shall be deemed to have been given hereunder as of the date of personal service, or two (2) consecutive calendar days following the date of deposit of the same in the custody of the United States Postal Service. 32. Debt to City. Interest. Collection. Any sum due to City from Franchisee pursuant to the provisions of this Agreement, shall be due and payable as is provided in this Agreement or as established by the City Manager. All sums due to City from Franchisee shall bear interest at twelve percent (120) as of the due date of the indebtedness. Notwithstanding the foregoing, no, interest rate shall exceed the maximum permitted by law. 33. Annexation of Territory. In the event territory is annexed to the City,and if immediately prior to such annexation, solid waste collection services were provided by a solid waste collector, other than Franchisee, authorized to perform such services by the local agency having jurisdiction over such territory prior to annexation, then such authorized solid waste collector may continue to provide solid waste collection service in the territory for up to three (3) years from the date of annexation. Under such circumstances, the annexed territory shall not be deemed a portion of the City for the purpose of this Agreement until the expiration of the three (3) years. If the solid waste collector authorized to perform collection services prior to annexation is the Franchisee, then such territory shall be deemed a part of the City for the purpose of this Agreement. 34. Law to Govern. It is understood and agreed by the parties hereto, that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this. Agreement. 11 196 35. Binding Effect on Agreement. This Agreement shall be binding upon the parties hereto and upon all of their lawful successors in interest. 36. Location of New Facilitv. Franchisee shall seek advice and consent of the City Manager prior to consummation of a purchase or lease ofreal property to be used for a recycling facility or other solid waste facility. 37. Entirety. The parties agree that this Agreement represents the full and entire Agreement between the parties hereto with respect to matters covered herein. 38. Novation. As of the effective date of this Agreement, all prior Agreements for collection of solid waste existing between the parties hereto shall be deemed terminated and of no further force or effect. This novation clause shall not have effect of terminating or affecting any claim either party hereto may have against the other, or against any third person, pursuant to any such prior Agreement. 39. Survivability. Notwithstanding the termination of this Agreement pursuant to the provisions hereof, and/or the provisions of applicable law, the right of the parties hereto to prosecute legal claims against each other and against third parties shall survive such termination and shall not be affected by such termination. 40. Effective Date. The Effective Date of this Agreement shall be April 9 , 1996 The parties hereto have caused this Agreement to be executed by their respective authorized representatives. CITY OF ATASCADERO G8ORGE V. HIGHLANe Mayor • 12 ATASCADERO WASTE ALTERNATIVES, INC. THOMAS R. WALTERS, P es dent 197 198 APPROVED AS TO CONTENT: U ATTEST:` ANDREW J., -T TA City Manager LEE P ICE City Clerk APPROVED AS TOFORM: 6ity Attorney w •