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HomeMy WebLinkAboutCC_2017_11_28_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, November 28, 2017 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Sturtevant ROLL CALL: Mayor O’Malley Mayor Pro Tem Fonzi Council Member Bourbeau Council Member Moreno Council Member Sturtevant APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: None. City Council Regular Session: 6:00 P.M. City Council Closed Session: Immediately following adjournment of Regular Session. 1 of 137 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 Draft Action Minutes – November 14, 2017  Recommendation: Council approve the City Council Draft Action Minutes of the November 14, 2017, City Council meeting. [City Clerk] 2. October 2017 Accounts Payable and Payroll  Fiscal Impact: $3,574,291.89  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2017. [Administrative Services] 3. Amendment of Investment Policy to Allow Purchase of Supranational Securities  Fiscal Impact: Anticipated increase in investment earnings of up to $50,000 per year.  Recommendation: Council adopt Draft Resolution amending the City of Atascadero Investment Policy. [City Treasurer] 4. Appointment of Atascadero Tourism Business Improvement District (ATBID) Board Member  Fiscal Impact: None.  Recommendation: Council appoint Daniel Brewer to the Atascadero Tourism Business Improvement District Advisory Board, for a term ending June 30, 2018. [City Manager] 5. Enhanced 9-1-1 System Upgrades  Fiscal Impact: No net impact on the General Fund. General Fund expenditures, in the amount of $218,000, will be reimbursed by the State of California’s Emergency 9-1-1 Program.  Recommendations: Council: 1. Approve receipt of $218,000 in California 9-1-1 Emergency Communications Office Funds to upgrade the Public Safety Communications Center 9-1-1 system. 2. Authorize the Director of Administrative Services to appropriate $218,000 in California Emergency Communication Office Funds to upgrade the Public Safety Communications Center 9-1-1 system. 3. Authorize the City Manager to execute a contract with Motorola Call Works in the amount of $214,833 for the purchase of the Motorola Call Works Enhanced 911 phone system. [Police Department] 2 of 137 6. Community Facilities District 2005-1, Annexation No. 17 - Levy of Special Taxes Authorization  Fiscal Impact: None.  Recommendation: Council adopt on second reading, by title only, the Draft Ordinance, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 17. [Community Development] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: 1. Title 9 Planning and Zoning Text Amendments (PLN 2017-1650)  Fiscal Impact: No fiscal impact to the City is anticipated.  Recommendations: Council introduce for first reading, by title only, Draft Ordinance amending Title 9, Zoning Regulations, of the Atascadero Municipal Code.[Community Development] C. MANAGEMENT REPORTS: 1. Housing and Community Development Parks Related Grant and Associated Parks Projects Funding  Fiscal Impact: Appropriation of $505,000 in Parkland Facilities Fees Fund reserves in fiscal year 2017/2018 and staff costs associated grant administration and construction of the projects.  Recommendations: Council: 1. Authorize the Director of Administrative Services to appropriate $505,000 of Parkland Facilities Fees Funds for the Joy Playground Project. 2. Authorize the allocation of $355,706 in Housing Related Parks (HRP) Grant funds toward Atascadero Lake Park Rehabilitation Projects. 3. Adopt Draft Resolution amending and restating Resolution No. 2017-002, authorizing the City Manager to apply for and submit an application to secure HRP Program Grant funds from the Department, to have all applicable and necessary authorizations contained within these two resolutions, without rescinding said adoption. 4. Authorizing the City Manager to accept a $355,706 Housing Related Parks (HRP) Grant awarded to the City by the California Department of Housing and Community Development. [Community Development] 3 of 137 COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. SLO Council of Governments (SLOCOG) 4. SLO Regional Transit Authority (RTA) 5. Integrated Waste Management Authority (IWMA) 6. Ad Hoc Animal Shelter Committee Mayor Pro Tem Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. Atascadero Basin Ground Water Sustainability Agency (GSA) 6. Ad Hoc Animal Shelter Committee Council Member Bourbeau 1. City of Atascadero Design Review Committee 2. Homeless Services Oversight Council 3. City of Atascadero Finance Committee 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN REGULAR MEETING TO CLOSED SESSION 4 of 137 CITY COUNCIL CLOSED SESSION: Immediately following adjournment of Regular Session. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Legal Counsel – Existing Litigation (Govt. Code Sec. 54956. 9(d)(1)) Application Filed by PG&E for Retirement of Diablo Canyon Power Plant - California Public Utility Commission Application No. 16-08-006 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT 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, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that the foregoing agenda for the November 28, 2017 Regular Session of the Atascadero City Council was posted on November 21, 2017, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 21st day of November 2017, at Atascadero, California. Amanda Muther, Deputy City Clerk City of Atascadero 5 of 137 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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 C ouncil 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 wil l assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk 's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City C lerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will ident ify 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 s tep up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 6 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 1 of 9 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, November 14, 2017 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:01 p.m. and Council Member Moreno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi and Mayor O’Malley. Absent: None. Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley, Community Development Director Phil Dunsmore, City Attorney Brian Pierik and Deputy City Manager/City Clerk Lara Christensen. Successor Agency to the Community 5:00 P.M. Redevelopment Agency of Atascadero Closed Session: City Council Regular Session: 6:00 P.M. 7 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 2 of 9 APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Fonzi to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation proclaiming November 2017 National Hospice Palliative Care Month The City Council presented a Proclamation to Kris Kington-Barker, Executive Director of Hospice SLO County. 2. Recycling and trash trend update Bill Worrell, Integrated Waste Management Authority, gave a presentation to Council. A. CONSENT CALENDAR: 2. September 2017 Accounts Payable and Payroll  Fiscal Impact: $3,153,100.44  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2017. [Administrative Services] 5. Downtown Watershed Plan - Professional Services Award  Fiscal Impact: $45,000.00  Recommendations: Council: 1. Authorize the City Manager to execute a contract with Rick Engineering to provide professional services for the Downtown Watershed Plan for $39,888. 2. Authorize the Director of Administrative Services to appropriate an additional $15,000 from the General Fund toward the Downtown Watershed Management Plan for a revised total budget of $45,000. [Public Works] Council Member Moreno removed Agenda Item #A-1, Council Member Bourbeau removed Agenda Item #A-3, staff removed Agenda Item #A-4, and Mayor O’Malley removed Agenda Item #A-6 from the Consent Calendar for separate vote and discussion. 8 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 3 of 9 MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Fonzi to approve Consent Calendar Items #A-2 and #A-5. (#A-5: Contract No. 2017-020) Motion passed 5:0 by a roll-call vote. 1. City Council Draft Action Minutes – October 24, 2017 and October 30, 2017  Recommendation: Council approve the City Council Draft Action Minutes of the October 24, 2017, and the October 30, 2017 City Council meetings. [City Clerk] Council Members Moreno and Bourbeau requested that the failed motion from the October 30, 2017 Special Meeting be added to the Minutes. Council Member Moreno read the failed motion and vote into the record: On motion by Mayor O’Malley, seconded by Council Member Moreno to direct the City Manager to (1) communicate to the County the issues brought up by the City Council at the 10/30 Special Meeting regarding both the construction and financing costs for the shelter and animal field services provided by the County and (2) report back to the Council at the December 12, 2017 Council Meeting to allow the Council the opportunity to decide to either opt-out or remain a party to the February 2017 Agreement for Allocation of Construction and Financing Costs for an Animal Services Shelter prior to the end of the year. On a roll call vote, the motion failed 2:3. O’Malley and Moreno voted “Yes”. Fonzi, Bourbeau, and Sturtevant voted “No”. PUBLIC COMMENT: The following citizens spoke on this item: None. MOTION: By Council Member Moreno and seconded by Council Member Sturtevant to approve the Draft Action Minutes of the October 24, 2017 Meeting as presented and the October 30, 2017 Special City Council Meeting as corrected. Motion passed 5:0 by a roll-call vote. 3. September 2017 Investment Report  Fiscal Impact: None.  Recommendation: Council receive and file the City Treasurer’s report for quarter ending September 2017. [Administrative Services] Council Member Bourbeau identified an error on Page 9 of 13 of the Investment Report. Under “Funds Managed by Fiscal Agent” the top Market Value was incorrectly reflected as $1,414,494. 9 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 4 of 9 PUBLIC COMMENT: The following citizens spoke on this item: None. MOTION: By Council Member Bourbeau and seconded by Council Member Moreno to receive and file the City Treasurer’s report as amended: Under “Funds Managed by Fiscal Agent” the top Market Value column figure is $2,021,295 and Unrealized Gain / (Loss) column figure is (893). Motion passed 5:0 by a roll-call vote. 4. Purchase Tax- Defaulted Properties on East Mall - (APN 029-347-020 & APN 029-347-033)  Fiscal Impact: $116,000.00  Recommendation: Council authorize the City Manager to execute a purchase agreement for tax defaulted properties, APN 029-347-020 (5901 East Mall), in the amount of $84,300 and APN 029-347-033 (vacant parcel on East Mall), in the amount of $31,700 from the County of San Luis Obispo. [City Manager] Deputy City Manager/City Clerk Christensen noted that the item, as presented in the Agenda Packet, recommended the City Council authorize the City Manager to execute a purchase agreement for tax defaulted properties. She noted that as part of the purchase agreement the Draft Resolution, included as Attachment 2 to the report, would also need to be adopted by the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Fonzi to: 1. Authorize the City Manager to execute a purchase agreement for tax defaulted properties, APN 029-347-020 (5901 East Mall), in the amount of $84,300 and APN 029-347-033 (vacant parcel on East Mall), in the amount of $31,700 from the Count y of San Luis Obispo. 2. Adopt Draft Resolution approving the purchase of tax defaulted properties, APN 029-347-020 (5901 East Mall), in the amount of $84,300 and APN 029-347-033 (vacant parcel on East Mall), in the amount of $31,700 from the County of San Luis Obispo. Motion passed 5:0 by a roll-call vote. (#1: Contract No. 2017-019, #2: Resolution No. 2017-063) 10 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 5 of 9 6. El Camino Real Downtown Traffic Calming and Corridor Plan - Professional Services Award  Fiscal Impact: $100,000.00  Recommendations: Council: 1. Authorize the City Manager to execute a contract with KTUA to provide professional services for the El Camino Real Downtown Traffic Calming and Corridor Plan for $78,570. 2. Authorize the Director of Administrative Services to appropriate an additional $25,000 from the Circulation System Fees Fund toward the El Camino Real Downtown Traffic Calming and Corridor Plan for a total revised budget of $100,000. [Public Works] Public Works Director DeBar gave a brief report and answered question from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Fonzi to: 1. Authorize the City Manager to execute a contract with KTUA to provide professional services for the El Camino Real Downtown Traffic Calming and Corridor Plan for $78,570. 2. Authorize the Director of Administrative Services to appropriate an additional $25,000 from the Circulation System Fees Fund toward the El Camino Real Downtown Traffic Calming and Corridor Plan for a total revised budget of $100,000. Motion passed 5:0 by a roll-call vote. (#1: Contract No. 2017-021) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Susan Funk and John Bartel (Exhibit A). Mayor O’Malley closed the COMMUNITY FORUM period. 11 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 6 of 9 B. PUBLIC HEARINGS: 1. Annexation of Cerro Roble Development into Community Facilities District 2005-1, Annexation No. 17 (11955 & 11975 Viejo Camino: Tract 3078)  Fiscal Impact: None.  Recommendations: Council: 1. Conduct the public hearing for the proposed annexation. 2. Adopt Draft Resolution A, authorizing the territory identified in City Council Resolution 2017-061, to be annexed into Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. 3. Direct the City Clerk to conduct a landowner vote of annexation and collect and count the ballots. Council to recess until ballots are counted 4. Adopt Draft Resolution B, declaring the results of a special annexation landowner election, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 5. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 17. [Community Development] Community Development Director Dunsmore gave the presentation and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Fonzi to: 1. Adopt Draft Resolution A, authorizing the territory identified in City Council Resolution 2017-061, to be annexed into Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. 2. Direct the City Clerk to conduct a landowner vote of annexation and collect and count the ballots. Motion passed 5:0 by a roll-call vote. (Resolution No. 2017-064) Deputy City Manager/City Clerk Christensen announced that eleven votes (one ballot) were received and were all in favor. 12 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 7 of 9 MOTION: By Council Member Moreno and seconded by Council Member Bourbeau to: 1. Adopt Draft Resolution B, declaring the results of a special annexation landowner election, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 2. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 17. Deputy City Manager/City Clerk Christensen read the title of the Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY Motion passed 5:0 by a roll-call vote. (Resolution No. 2017-065) C. MANAGEMENT REPORTS: 1. Sale of Chicago Grade  Fiscal Impact: None. City revenues from landfill tipping fees will not be affected by the sale.  Recommendation: Council authorize the City Manager to send a letter to Chicago Grade Landfill, Inc. providing written consent from the City of Atascadero for the sale of Chicago Grade Landfill to Allos. [City Manager] Deputy City Manager Christensen gave the presentation and answered questions from the Council. Mike Hoover, representing Chicago Grade Landfill, Inc., and Mike Giancola, representing Allos Environmental, Inc., also answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Susan Funk. Mayor O’Malley closed the Public Comment period. MOTION: By Mayor Pro Tem Fonzi and seconded by Mayor O’Malley to authorize the City Manager to send a letter to Chicago Grade Landfill, Inc. providing written consent from the City of Atascadero for the sale of Chicago Grade Landfill to Allos Environmental, Inc. Motion passed 5:0 by a roll-call vote. 13 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 8 of 9 Mayor O’Malley recessed the meeting at 7:44 p.m. Mayor O’Malley reconvened the meeting with all present at 7:54 p.m. 2. Solid Waste Collection  Fiscal Impact: Renegotiating the current contract and the RFP/RFQ process will both require staff time. The RFP/RFQ process could take 12 to 18 months to complete, incurring substantial staff time, and consultant fees up to $150,000.  Recommendation: Council discuss and provide staff direction on a future solid waste collection agreement. [City Manager] Deputy City Manager Christensen gave the presentation and answered questions from the Council. City Manager Rickard, Public Works Director DeBar and Bill Worrell, IWMA, also answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Wayne Haul, Liz Gomez (Exhibit B), Leonard Sutherland. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Sturtevant and seconded by Council Member Moreno to direct staff to renegotiate the solid waste collection agreement with the current provider, Atascadero Waste Alternatives for a contract extension with new terms and conditions. Motion passed 3:2 by a roll-call vote. Bourbeau and Fonzi voted “No”. Mayor O’Malley recessed the meeting at 9:56 p.m. Mayor O’Malley reconvened the meeting with all present at 10:06 p.m. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Mayor O’Malley Mayor O’Malley will discuss recent action taken by the County of San Luis Obispo Board of Supervisors regarding animal services. After discussion by the Council on this item, the Council may give direction. Mayor O’Malley distributed a handout to the Council on the c oncerns/desires expressed by the City Council at the October 30, 2017 Meeting (Exhibit C). Deputy City Manager/City Clerk Christensen read the handout into the record and the Council discussed and confirmed the information listed in the handout. 14 of 137 ITEM NUMBER: A-1 DATE: 11/28/17 Atascadero City Council November 14, 2017 Page 9 of 9 Following Mayor O’Malley’s discussion, Mayor O’Malley revised the ad hoc Animal Shelter Committee representatives and appointed himself and Mayor Pro Tem Fonzi to the ad hoc committee. D. COMMITTEE REPORTS: The following Council Members gave brief update reports on their committees since their last Council meeting: Council Member Bourbeau 1. Homeless Services Oversight Council E. INDIVIDUAL DETERMINATION AND / OR ACTION: None. F. ADJOURN Mayor O’Malley adjourned the meeting at 10:41 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibit is available for review in the City Clerk’s office:  Exhibit A – Letter to Council provided by John Bartel  Exhibit B – PowerPoint presentation by Waste Management given by Liz Gomez  Exhibit C – Animal Shelter and Services Concerns/Desires handout provided by Mayor O’Malley APPROVED: 15 of 137 ITEM NUMBER: A-2 DATE: 11/28/17 16 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154419 10/04/2017 ALLSTATE WORKPLACE DIVISION 2,133.31Payroll Vendor Payment 154421 10/04/2017 ANTHEM BLUE CROSS HEALTH 154,499.04Payroll Vendor Payment 154422 10/04/2017 LINCOLN NATIONAL LIFE INS CO 1,506.21Payroll Vendor Payment 154423 10/04/2017 MEDICAL EYE SERVICES 1,740.36Payroll Vendor Payment 154424 10/04/2017 PREFERRED BENEFITS INSURANCE 9,313.30Payroll Vendor Payment 154425 10/05/2017 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 154426 10/05/2017 ATASCADERO POLICE OFFICERS 1,346.25Payroll Vendor Payment 154427 10/05/2017 ATASCADERO PROF. FIREFIGHTERS 1,038.60Payroll Vendor Payment 154428 10/05/2017 MASS MUTUAL WORKPLACE SOLUTION 19,850.50Payroll Vendor Payment 154429 10/05/2017 NATIONWIDE RETIREMENT SOLUTION 969.53Payroll Vendor Payment 154430 10/05/2017 NAVIA BENEFIT SOLUTIONS 1,119.22Payroll Vendor Payment 154431 10/05/2017 SEIU LOCAL 620 942.04Payroll Vendor Payment 154432 10/05/2017 VANTAGEPOINT TRNSFR AGT 106099 337.31Payroll Vendor Payment 154433 10/05/2017 VANTAGEPOINT TRNSFR AGT 304633 6,090.81Payroll Vendor Payment 2727 10/06/2017 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment 2728 10/06/2017 HEALTHEQUITY, INC. 11,007.97Payroll Vendor Payment 2729 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,498.73Payroll Vendor Payment 2730 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,019.99Payroll Vendor Payment 2731 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 676.41Payroll Vendor Payment 2732 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,827.15Payroll Vendor Payment 2733 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,460.41Payroll Vendor Payment 2734 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,598.36Payroll Vendor Payment 2735 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,405.06Payroll Vendor Payment 2736 10/06/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,400.58Payroll Vendor Payment 2737 10/10/2017 RABOBANK, N.A. 75,732.39Payroll Vendor Payment 2738 10/10/2017 EMPLOYMENT DEV DEPARTMENT 21,952.95Payroll Vendor Payment 2739 10/10/2017 EMPLOYMENT DEV. DEPARTMENT 2,815.47Payroll Vendor Payment 154434 10/13/2017 ACTIVE NETWORK, LLC 49.78Accounts Payable Check 154435 10/13/2017 AGM CALIFORNIA, INC. 500.00Accounts Payable Check 154436 10/13/2017 ALLIANCE READY MIX, INC. 533.89Accounts Payable Check 154437 10/13/2017 ALLIANT INSURANCE SERVICES INC 173.00Accounts Payable Check 154438 10/13/2017 ALLSTAR FIRE EQUIPMENT, INC. 4,536.28Accounts Payable Check 154439 10/13/2017 ALTHOUSE & MEADE, INC. 760.00Accounts Payable Check 154440 10/13/2017 AMERICAN MARBORG 107.20Accounts Payable Check 154441 10/13/2017 AMERICAN WEST TIRE & AUTO INC 560.59Accounts Payable Check 154442 10/13/2017 ASSOCIATED TRAFFIC SAFETY 233.03Accounts Payable Check 154443 10/13/2017 AT&T 374.26Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 17 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154444 10/13/2017 AT&T 32.96Accounts Payable Check 154445 10/13/2017 ATASCADERO 76 60.06Accounts Payable Check 154447 10/13/2017 ATASCADERO MUTUAL WATER CO. 25,976.35Accounts Payable Check 154448 10/13/2017 ATASCADERO PICKLEBALL CLUB 122.70Accounts Payable Check 154449 10/13/2017 BAKER, DONELSON 1,234.00Accounts Payable Check 154450 10/13/2017 BAKERSFIELD CITY COLLEGE 120.00Accounts Payable Check 154451 10/13/2017 BAKERSFIELD CITY COLLEGE 120.00Accounts Payable Check 154452 10/13/2017 BAKERSFIELD CITY COLLEGE 100.00Accounts Payable Check 154453 10/13/2017 TERRIE BANISH 76.51Accounts Payable Check 154454 10/13/2017 KEITH R. BERGHER 146.25Accounts Payable Check 154455 10/13/2017 BORJON AUTO CENTER 233.93Accounts Payable Check 154456 10/13/2017 BOUND TREE MEDICAL, LLC 159.20Accounts Payable Check 154457 10/13/2017 SHIRLEY R. BRUTON 222.30Accounts Payable Check 154458 10/13/2017 BURKE,WILLIAMS, & SORENSON LLP 42,609.77Accounts Payable Check 154459 10/13/2017 BURT INDUSTRIAL SUPPLY 1,177.78Accounts Payable Check 154460 10/13/2017 CA BUILDING STANDARDS COMM. 144.90Accounts Payable Check 154461 10/13/2017 CA CODE CHECK, INC. 8,177.06Accounts Payable Check 154462 10/13/2017 CALLBACK STAFFING SOLUTION,LLC 66.47Accounts Payable Check 154463 10/13/2017 CALPORTLAND CONSTRUCTION 411,038.92Accounts Payable Check 154464 10/13/2017 CHARTER COMMUNICATIONS 291.85Accounts Payable Check 154465 10/13/2017 CHEVRON & TEXACO BUS. CARD 759.60Accounts Payable Check 154466 10/13/2017 CITIG, INC. 437.50Accounts Payable Check 154467 10/13/2017 CLEVER CONCEPTS, INC. 150.00Accounts Payable Check 154468 10/13/2017 COAST ELECTRONICS 774.59Accounts Payable Check 154469 10/13/2017 COASTAL COPY, LP 322.17Accounts Payable Check 154470 10/13/2017 COASTAL REPROGRAPHIC SERVICES 559.88Accounts Payable Check 154471 10/13/2017 MIGUEL A. CORDERO 46.00Accounts Payable Check 154472 10/13/2017 CRYSTAL SPRINGS WATER 135.20Accounts Payable Check 154473 10/13/2017 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 154474 10/13/2017 NICHOLAS DEBAR 300.00Accounts Payable Check 154475 10/13/2017 DELTA LIQUID ENERGY 350.71Accounts Payable Check 154476 10/13/2017 DEPARTMENT OF CONSERVATION 614.88Accounts Payable Check 154477 10/13/2017 DEPARTMENT OF JUSTICE 302.00Accounts Payable Check 154478 10/13/2017 DIVISION OF STATE ARCHITECT 37.50Accounts Payable Check 154479 10/13/2017 DOCUTEAM 128.25Accounts Payable Check 154480 10/13/2017 DOOLEY ENTERPRISES INC 1,391.75Accounts Payable Check 154481 10/13/2017 PHILIP DUNSMORE 300.00Accounts Payable Check 154482 10/13/2017 EARTH SYSTEMS PACIFIC 25,549.61Accounts Payable Check 154483 10/13/2017 ECONOMIC VITALITY CORPORATION 10,000.00Accounts Payable Check 154484 10/13/2017 FARM SUPPLY COMPANY 42.69Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 18 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154485 10/13/2017 FASTENAL COMPANY 132.59Accounts Payable Check 154486 10/13/2017 FGL ENVIRONMENTAL 1,606.00Accounts Payable Check 154487 10/13/2017 BRYAN FINDLAY 10,018.26Accounts Payable Check 154488 10/13/2017 BRYAN FINDLAY 40.00Accounts Payable Check 154489 10/13/2017 GAS COMPANY 93.25Accounts Payable Check 154490 10/13/2017 GEM AUTO PARTS 33.37Accounts Payable Check 154491 10/13/2017 GILBERT'S LANDSCAPES 632.91Accounts Payable Check 154492 10/13/2017 ERIC J. GOBLER, PE 625.00Accounts Payable Check 154493 10/13/2017 GRANITE CONSTRUCTION, INC. 1,165,112.68Accounts Payable Check 154494 10/13/2017 BRADLEY A. HACKLEMAN 558.00Accounts Payable Check 154495 10/13/2017 HANLEY AND FLEISHMAN, LLP 2,090.50Accounts Payable Check 154496 10/13/2017 HART IMPRESSIONS PRINTING 145.79Accounts Payable Check 154497 10/13/2017 HUSH-HARBOR ARTISAN BAKERY 202.15Accounts Payable Check 154498 10/13/2017 HYPERTEC DIRECT 362.54Accounts Payable Check 154499 10/13/2017 EVELYN R. INGRAM 182.00Accounts Payable Check 154500 10/13/2017 IRON MOUNTAIN RECORDS MGMNT 83.60Accounts Payable Check 154501 10/13/2017 J & S STRIPING COMPANY, INC. 48,457.10Accounts Payable Check 154502 10/13/2017 JB DEWAR INC 228.37Accounts Payable Check 154503 10/13/2017 JIFFY LUBE 59.56Accounts Payable Check 154504 10/13/2017 JK'S UNLIMITED 8,903.22Accounts Payable Check 154505 10/13/2017 K PENCE CONSULTING 6,210.00Accounts Payable Check 154506 10/13/2017 LIFE ASSIST, INC. 1,033.85Accounts Payable Check 154507 10/13/2017 CRAIG C. LOWRIE 115.00Accounts Payable Check 154508 10/13/2017 MADRONE LANDSCAPES, INC. 184.80Accounts Payable Check 154509 10/13/2017 JAMES MASSEY 10.00Accounts Payable Check 154510 10/13/2017 SAMUEL HENRY MCMILLAN, JR. 138.00Accounts Payable Check 154511 10/13/2017 SAMUEL H. MCMILLAN, SR. 46.00Accounts Payable Check 154512 10/13/2017 MEDPOST URGENT CARE-PASO ROBLE 440.00Accounts Payable Check 154513 10/13/2017 MID-COAST MOWER & SAW, INC. 156.72Accounts Payable Check 154514 10/13/2017 MINER'S ACE HARDWARE 219.20Accounts Payable Check 154515 10/13/2017 MISSION UNIFORM SERVICE 600.82Accounts Payable Check 154516 10/13/2017 REON C MONSON 228.00Accounts Payable Check 154517 10/13/2017 RICKY D. MONTIJO 150.00Accounts Payable Check 154518 10/13/2017 MV TRANSPORTATION, INC. 11,531.00Accounts Payable Check 154519 10/13/2017 KELLYE R. NETZ 128.00Accounts Payable Check 154520 10/13/2017 NORTH COAST ENGINEERING INC. 18,744.05Accounts Payable Check 154521 10/13/2017 OFFICE DEPOT INC. 367.31Accounts Payable Check 154522 10/13/2017 ONTRAC 5.35Accounts Payable Check 154523 10/13/2017 O'REILLY AUTOMOTIVE, INC. 154.97Accounts Payable Check 154526 10/13/2017 PACIFIC GAS AND ELECTRIC 59,827.80Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 19 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154527 10/13/2017 PASO ROBLES SAFE & LOCK, INC. 195.00Accounts Payable Check 154528 10/13/2017 PC MECHANICAL, INC. 18,833.24Accounts Payable Check 154529 10/13/2017 ROBIN K. PENDLEY 160.00Accounts Payable Check 154530 10/13/2017 PERRY'S PARCEL & GIFT 87.29Accounts Payable Check 154531 10/13/2017 PETERSON U-CART 232.74Accounts Payable Check 154532 10/13/2017 TOM PETERSON 408.00Accounts Payable Check 154533 10/13/2017 PETTY CASH-FIRE DEPARTMENT 34.50Accounts Payable Check 154534 10/13/2017 MORGAN PHILLIPS 115.00Accounts Payable Check 154535 10/13/2017 PROCARE JANITORIAL SUPPLY,INC. 841.57Accounts Payable Check 154536 10/13/2017 PRW STEEL SUPPLY, INC. 624.95Accounts Payable Check 154537 10/13/2017 QUALITY CODE PUBLISHING 2,346.45Accounts Payable Check 154538 10/13/2017 QUINCY ENGINEERING, INC. 48,242.34Accounts Payable Check 154539 10/13/2017 QUINN RENTAL SERVICES 1,517.40Accounts Payable Check 154540 10/13/2017 RAIN FOR RENT BAKERSFIELD 7,403.72Accounts Payable Check 154541 10/13/2017 RANGE MASTER 1,443.85Accounts Payable Check 154542 10/13/2017 JERI RANGEL 300.00Accounts Payable Check 154543 10/13/2017 RICK ENGINEERING COMPANY 57,045.03Accounts Payable Check 154544 10/13/2017 RACHELLE RICKARD 627.00Accounts Payable Check 154545 10/13/2017 ROB DAVIS CONSTRUCTION 4,230.00Accounts Payable Check 154546 10/13/2017 MICHELLE R. ROGERS 336.00Accounts Payable Check 154547 10/13/2017 S. LOMBARDI & ASSOCIATES 3,700.00Accounts Payable Check 154548 10/13/2017 SAFETY DRIVERS ED., LLC. 54.60Accounts Payable Check 154549 10/13/2017 SAN LUIS POWERHOUSE, INC. 270.00Accounts Payable Check 154550 10/13/2017 SANCON TECHNOLOGIES, INC. 9,000.00Accounts Payable Check 154551 10/13/2017 STEVE SANDEFFER 243.00Accounts Payable Check 154552 10/13/2017 SHELL 62.99Accounts Payable Check 154553 10/13/2017 SITEONE LANDSCAPE SUPPLY, LLC 80.64Accounts Payable Check 154554 10/13/2017 SLOFIST 50.00Accounts Payable Check 154555 10/13/2017 DAVID L. SMAW 46.00Accounts Payable Check 154556 10/13/2017 SPEAKWRITE, LLC. 297.63Accounts Payable Check 154557 10/13/2017 STANLEY CONVERGENT SECURITY 549.00Accounts Payable Check 154558 10/13/2017 STATE FIRE TRAINING 40.00Accounts Payable Check 154559 10/13/2017 STATE WATER RES CONTROL BOARD 230.00Accounts Payable Check 154560 10/13/2017 STATEWIDE TRAFFIC SAFETY&SIGNS 2,907.10Accounts Payable Check 154561 10/13/2017 SUNLIGHT JANITORIAL, INC. 2,740.00Accounts Payable Check 154562 10/13/2017 RONALD R. TARICA 170.40Accounts Payable Check 154563 10/13/2017 TEMPLETON UNIFORMS, LLC 8.45Accounts Payable Check 154564 10/13/2017 THE TOP SHOP UPHOLSTERY 257.75Accounts Payable Check 154565 10/13/2017 TUCKFIELD & ASSOCIATES 2,295.00Accounts Payable Check 154566 10/13/2017 VOID 0.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 20 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154567 10/13/2017 ULTREX BUSINESS PRODUCTS 236.94Accounts Payable Check 154568 10/13/2017 ULTREX LEASING 260.76Accounts Payable Check 154569 10/13/2017 UNITED RENTALS (NORTH AM), INC 1,616.25Accounts Payable Check 154570 10/13/2017 UNITED STAFFING ASSC., INC. 1,750.32Accounts Payable Check 154571 10/13/2017 UNIVERSAL PREMIUM FLEETCARD 2,825.00Accounts Payable Check 154572 10/13/2017 IWINA M. VAN BEEK 160.00Accounts Payable Check 154573 10/13/2017 VERIZON WIRELESS 2,090.33Accounts Payable Check 154574 10/13/2017 VISITOR TELEVISION LLC 640.00Accounts Payable Check 154575 10/13/2017 GREG WEBSTER 10.00Accounts Payable Check 154576 10/13/2017 WEST COAST AUTO & TOWING, INC. 268.68Accounts Payable Check 154577 10/13/2017 WEX BANK - 76 UNIVERSL 12,579.41Accounts Payable Check 154578 10/13/2017 ISRAEL WINGATE 200.00Accounts Payable Check 154579 10/13/2017 WULFING'S BACKGROUND & POLYGR 1,000.00Accounts Payable Check 154580 10/13/2017 KAREN B. WYKE 595.50Accounts Payable Check 154581 10/13/2017 XO PANDORA 75.00Accounts Payable Check 154582 10/19/2017 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 154583 10/19/2017 ATASCADERO POLICE OFFICERS 1,321.25Payroll Vendor Payment 154584 10/19/2017 ATASCADERO PROF. FIREFIGHTERS 1,038.60Payroll Vendor Payment 154585 10/19/2017 EMPLOYMENT DEV. DEPARTMENT 534.00Payroll Vendor Payment 154586 10/19/2017 ICMA-RC 125.00Payroll Vendor Payment 154587 10/19/2017 MASS MUTUAL WORKPLACE SOLUTION 8,000.50Payroll Vendor Payment 154588 10/19/2017 NATIONWIDE RETIREMENT SOLUTION 934.45Payroll Vendor Payment 154589 10/19/2017 NAVIA BENEFIT SOLUTIONS 1,119.22Payroll Vendor Payment 154590 10/19/2017 NAVIA BENEFIT SOLUTIONS 50.00Payroll Vendor Payment 154591 10/19/2017 SEIU LOCAL 620 942.04Payroll Vendor Payment 154592 10/19/2017 VANTAGEPOINT TRNSFR AGT 106099 337.31Payroll Vendor Payment 154593 10/19/2017 VANTAGEPOINT TRNSFR AGT 304633 4,730.81Payroll Vendor Payment 2740 10/20/2017 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment 2741 10/20/2017 HEALTHEQUITY, INC. 6,165.00Payroll Vendor Payment 2742 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,581.83Payroll Vendor Payment 2743 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,239.26Payroll Vendor Payment 2744 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 676.41Payroll Vendor Payment 2745 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,820.25Payroll Vendor Payment 2746 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,460.41Payroll Vendor Payment 2747 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,645.33Payroll Vendor Payment 2748 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,405.06Payroll Vendor Payment 2749 10/20/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,343.98Payroll Vendor Payment 2750 10/24/2017 RABOBANK, N.A. 72,362.86Payroll Vendor Payment 2751 10/24/2017 EMPLOYMENT DEV DEPARTMENT 22,036.37Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 21 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 2752 10/24/2017 EMPLOYMENT DEV. DEPARTMENT 2,178.14Payroll Vendor Payment 154594 10/27/2017 29TONIGHT, CO. 321.66Accounts Payable Check 154595 10/27/2017 A.P.S. AUTOMOTIVE 4,161.93Accounts Payable Check 154596 10/27/2017 ACCESS PUBLISHING 200.00Accounts Payable Check 154597 10/27/2017 AGP VIDEO, INC. 7,637.50Accounts Payable Check 154598 10/27/2017 ALL SIGNS AND GRAPHICS, LLC 827.52Accounts Payable Check 154599 10/27/2017 ALLIANT INSURANCE SERVICES INC 346.00Accounts Payable Check 154600 10/27/2017 ALTHOUSE & MEADE, INC. 1,276.25Accounts Payable Check 154601 10/27/2017 AMERICAN WEST TIRE & AUTO INC 2,247.25Accounts Payable Check 154602 10/27/2017 ANTECH DIAGNOSTICS 274.56Accounts Payable Check 154603 10/27/2017 A-PLUS FIRE PROTECTION 481.34Accounts Payable Check 154604 10/27/2017 ASSC. OF ZOOS & AQUARIUMS 3,922.00Accounts Payable Check 154606 10/27/2017 AT&T 786.34Accounts Payable Check 154607 10/27/2017 AT&T 967.55Accounts Payable Check 154608 10/27/2017 ATASCADERO HAY & FEED 1,989.68Accounts Payable Check 154609 10/27/2017 ATASCADERO NEWS 3,703.00Accounts Payable Check 154610 10/27/2017 AURORA WORLD, INC. 633.07Accounts Payable Check 154611 10/27/2017 BASSETT'S CRICKET RANCH,INC. 1,274.37Accounts Payable Check 154612 10/27/2017 BELL'S PLUMBING REPAIR, INC. 688.00Accounts Payable Check 154613 10/27/2017 BERRY MAN, INC. 1,510.75Accounts Payable Check 154614 10/27/2017 TOM BIRKENFELD 206.00Accounts Payable Check 154615 10/27/2017 BORJON AUTO CENTER 34,579.13Accounts Payable Check 154616 10/27/2017 BOUND TREE MEDICAL, LLC 1,064.15Accounts Payable Check 154617 10/27/2017 CASEY BRYSON 206.00Accounts Payable Check 154618 10/27/2017 BURT INDUSTRIAL SUPPLY 481.13Accounts Payable Check 154619 10/27/2017 CA CODE CHECK, INC. 4,457.93Accounts Payable Check 154620 10/27/2017 CA HIGHWAY PATROL 122.20Accounts Payable Check 154621 10/27/2017 VOID 0.00Accounts Payable Check 154622 10/27/2017 CAL-COAST REFRIGERATION, INC 647.22Accounts Payable Check 154623 10/27/2017 CALPORTLAND COMPANY 2,383.48Accounts Payable Check 154624 10/27/2017 CASEY PRINTING, INC. 5,989.46Accounts Payable Check 154625 10/27/2017 CENTRAL COAST URGENT CARE, INC 735.00Accounts Payable Check 154626 10/27/2017 CENTRAL NEBRASKA PACKING, INC. 8,195.97Accounts Payable Check 154627 10/27/2017 COAST ELECTRONICS 944.48Accounts Payable Check 154628 10/27/2017 COAST LINE DISTRIBUTING 277.86Accounts Payable Check 154629 10/27/2017 COBAN TECHNOLOGIES, INC. 783.05Accounts Payable Check 154630 10/27/2017 MIGUEL A. CORDERO 69.00Accounts Payable Check 154631 10/27/2017 NICHOLAS E. COUGHLIN 666.51Accounts Payable Check 154632 10/27/2017 CREDIT DATA SOLUTIONS, LLC 40.00Accounts Payable Check 154633 10/27/2017 CRYSTAL SPRINGS WATER 110.45Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 22 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154634 10/27/2017 DEEP BLUE INTEGRATION, INC. 270.00Accounts Payable Check 154635 10/27/2017 DEPARTMENT OF JUSTICE 410.00Accounts Payable Check 154636 10/27/2017 EARTH SYSTEMS PACIFIC 791.00Accounts Payable Check 154637 10/27/2017 EL CAMINO CAR WASH 63.98Accounts Payable Check 154638 10/27/2017 ENTENMANN-ROVIN CO. 107.20Accounts Payable Check 154639 10/27/2017 ESCUELA DEL RIO 629.00Accounts Payable Check 154640 10/27/2017 FARM SUPPLY COMPANY 1,079.25Accounts Payable Check 154641 10/27/2017 FEDEX 170.50Accounts Payable Check 154642 10/27/2017 FERRAVANTI GRADING & PAVING 8,500.00Accounts Payable Check 154643 10/27/2017 FERRELL'S AUTO REPAIR 399.29Accounts Payable Check 154644 10/27/2017 FGL ENVIRONMENTAL 72.00Accounts Payable Check 154645 10/27/2017 FIESTA MAHAR MANUFACTURNG CORP 288.64Accounts Payable Check 154646 10/27/2017 GAS COMPANY 449.87Accounts Payable Check 154647 10/27/2017 GEM AUTO PARTS 198.00Accounts Payable Check 154648 10/27/2017 ALEX GENTILLY 206.00Accounts Payable Check 154649 10/27/2017 MICHAEL L. GIL 92.00Accounts Payable Check 154650 10/27/2017 HART IMPRESSIONS PRINTING 330.97Accounts Payable Check 154652 10/27/2017 HOME DEPOT CREDIT SERVICES 1,544.73Accounts Payable Check 154653 10/27/2017 RACHEL HUNTER 444.31Accounts Payable Check 154654 10/27/2017 IMPACT ABSORBENTS, INC. 307.09Accounts Payable Check 154655 10/27/2017 EVELYN R. INGRAM 227.50Accounts Payable Check 154656 10/27/2017 INHOUSE SECURITY SERVICE, LLC 1,032.00Accounts Payable Check 154657 10/27/2017 IRON MOUNTAIN RECORDS MGMNT 34.29Accounts Payable Check 154658 10/27/2017 J. CARROLL CORPORATION 112.04Accounts Payable Check 154659 10/27/2017 JGB ENTERPRISES, INC. 5,999.40Accounts Payable Check 154660 10/27/2017 K & M INTERNATIONAL 731.07Accounts Payable Check 154661 10/27/2017 NORMAN M. KATZ, PSY.D. 450.00Accounts Payable Check 154662 10/27/2017 KIDZ LOVE SOCCER 2,948.40Accounts Payable Check 154663 10/27/2017 KPRL 1230 AM 320.00Accounts Payable Check 154664 10/27/2017 LAYNE LABORATORIES, INC. 3,071.42Accounts Payable Check 154665 10/27/2017 JACKSON LIGHT 206.00Accounts Payable Check 154666 10/27/2017 MADRONE LANDSCAPES, INC. 9,725.32Accounts Payable Check 154667 10/27/2017 SAMUEL HENRY MCMILLAN, JR. 115.00Accounts Payable Check 154668 10/27/2017 SAMUEL H. MCMILLAN, SR. 115.00Accounts Payable Check 154669 10/27/2017 MICHAEL K. NUNLEY & ASSC, INC. 4,649.33Accounts Payable Check 154670 10/27/2017 MID-COAST MOWER & SAW, INC. 897.62Accounts Payable Check 154671 10/27/2017 MID-STATE CONCRETE PRODUCTS 3,711.99Accounts Payable Check 154672 10/27/2017 MINER'S ACE HARDWARE 412.55Accounts Payable Check 154673 10/27/2017 MATTHEW J. MIRANDA 334.00Accounts Payable Check 154674 10/27/2017 MISSION UNIFORM SERVICE 341.81Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 23 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154675 10/27/2017 MWI ANIMAL HEALTH 54.34Accounts Payable Check 154676 10/27/2017 OFFICE DEPOT INC. 883.64Accounts Payable Check 154677 10/27/2017 O'REILLY AUTOMOTIVE, INC. 306.49Accounts Payable Check 154678 10/27/2017 RON OVERACKER 317.08Accounts Payable Check 154679 10/27/2017 PADRE ASSOCIATES, INC. 680.00Accounts Payable Check 154680 10/27/2017 PAVEMENT ENGINEERING, INC. 38,086.25Accounts Payable Check 154681 10/27/2017 ROBIN K. PENDLEY 160.00Accounts Payable Check 154682 10/27/2017 PENGUIN RANDOM HOUSE, LLC 297.97Accounts Payable Check 154683 10/27/2017 MORGAN PHILLIPS 207.00Accounts Payable Check 154684 10/27/2017 PROCARE JANITORIAL SUPPLY,INC. 1,406.51Accounts Payable Check 154685 10/27/2017 QUINN RENTAL SERVICES 715.52Accounts Payable Check 154686 10/27/2017 RAIN FOR RENT BAKERSFIELD 3,575.92Accounts Payable Check 154687 10/27/2017 ROCKWELL ENGINEERING & EQUIP 781.34Accounts Payable Check 154688 10/27/2017 ERIN RUSSELL 200.00Accounts Payable Check 154689 10/27/2017 S. LOMBARDI & ASSOCIATES 150.00Accounts Payable Check 154690 10/27/2017 SAN LUIS POWERHOUSE, INC. 135.00Accounts Payable Check 154691 10/27/2017 SECRETARY OF STATE 40.00Accounts Payable Check 154692 10/27/2017 DIEGO SEGOVIA 562.00Accounts Payable Check 154693 10/27/2017 SERVICE SYSTEMS ASSC, INC. 2,000.00Accounts Payable Check 154694 10/27/2017 JOHN C. SIEMENS 335.30Accounts Payable Check 154695 10/27/2017 SLO COUNTY SHERIFF'S OFFICE 106.00Accounts Payable Check 154696 10/27/2017 SMART AND FINAL 13.17Accounts Payable Check 154697 10/27/2017 DAVID L. SMAW 69.00Accounts Payable Check 154698 10/27/2017 MARY P. SMITH 294.00Accounts Payable Check 154699 10/27/2017 STAPLES CREDIT PLAN 490.26Accounts Payable Check 154700 10/27/2017 STATE BOARD OF EQUALIZATION 3,120.00Accounts Payable Check 154701 10/27/2017 STEAM PRO CARPET CARE,LLC 1,676.24Accounts Payable Check 154702 10/27/2017 MICHAEL STORNETTA 756.95Accounts Payable Check 154703 10/27/2017 BRIAN STURTEVANT 503.86Accounts Payable Check 154704 10/27/2017 TEMPLETON TENNIS RANCH 77.00Accounts Payable Check 154705 10/27/2017 TERRA VERDE ENVIRONMENTAL CONS 1,176.41Accounts Payable Check 154706 10/27/2017 TRIBUNE 8,569.28Accounts Payable Check 154707 10/27/2017 UNION BANK, N.A. 2,672.00Accounts Payable Check 154708 10/27/2017 UNITED STAFFING ASSC., INC. 1,750.32Accounts Payable Check 154709 10/27/2017 UPTIVITY-CALLCOPY, INC. 3,363.00Accounts Payable Check 154710 10/27/2017 IWINA M. VAN BEEK 160.00Accounts Payable Check 154711 10/27/2017 VERDIN 16,287.14Accounts Payable Check 154712 10/27/2017 VERIZON WIRELESS 206.14Accounts Payable Check 154713 10/27/2017 WESTERN JANITOR SUPPLY 503.57Accounts Payable Check 154714 10/27/2017 WILKINS ACTION GRAPHICS 97.94Accounts Payable Check ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 24 of 137 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of October 2017 154715 10/27/2017 JEFF WILSHUSEN 394.54Accounts Payable Check 154716 10/27/2017 WULFING'S BACKGROUND & POLYGR 1,000.00Accounts Payable Check 154717 10/27/2017 ZOO MED LABORATORIES, INC. 523.74Accounts Payable Check $2,909,185.43 ITEM NUMBER: A-2 DATE: 11/28/17 ATTACHMENT: 1 25 of 137 ITEM NUMBER: A-3 DATE: 11/28/17 Atascadero City Council Staff Report – Office of the City Treasurer Amendment of Investment Policy To Allow Purchase of Supranational Securities RECOMMENDATION: Council adopt Draft Resolution amending the City of Atascadero Investment Policy. DISCUSSION: The Investment Policy provides guidelines for the prudent investment of funds, outlines policies for maximizing the efficiency of City’s cash management system, protects pooled cash and ultimately enhances the economic status of the City. California Government Code defines the parameters within which City funds may be invested. The priorities of the Policy continue to be safety, liquidity, and yield. The City’s investment portfolio is concentrated primarily in FDIC insured certificates of deposit (no more than 30%), U.S. Government Agencies securities such as Federal Home Loan Bank (FHLB) or Federal National Mortgage Association (FNMA) (no more than 40%), and the State Treasurer’s Local Agency Investment Fund (LAIF, no % limit). The total portfolio varies in amount but in general this means that around 30% is kept in LAIF. Liquidity for the LAIF is an important advantage, since funds can be withdrawn with one day’s notice, but the return is only around .6%. The City needs to have liquid funds available, but 30% is typically more than would be necessary for cash demands. The California Government Code was recently amended to allow investment in a category of investments known as Supranationals. Supranationals are very safe, normally rated “AAA”, equal to Treasury bonds and often better than US Agencies. They also provide a yield “spread” over US Agencies of about 6 basis points, over Treasuries of about 25 basis points, but most importantly a spread of as much as 100 basis points over LAIF. This means that if $5 million were reduced from LAIF and invested in Supranationals the City would earn about $50,000 more per year without raising fees or taxes. This would be realized without incurring additional risk and still leaving adequate liquidity in LAIF. The City’s two brokers, Rocco LePore of Morgan Stanley, and Peter Yanez of MBS Securities, were consulted by the City Treasurer. Both said that Supranationals were a 26 of 137 ITEM NUMBER: A-3 DATE: 11/28/17 good option for the City, and that their firms can obtain such instruments easily and inexpensively for the City’s portfolio. The City of Atascadero Finance Committee currently includes the City Treasurer, the City Manager, the Director of Administrative Services, Council Member Borbeau, and Council Member Moreno. On May 3, 2017, the Committee met and voted to endorse an amendment to the Investment Policy, as proposed by the City Treasurer. FISCAL IMPACT: Anticipated increase in investment earnings of up to $50,000 per year. ATTACHMENTS: 1. Draft Resolution–Approving an amendment of the City of Atascadero Investment Policy. 2. Draft City of Atascadero Investment Policy dated November 28, 2017 (Redline Version) 27 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE CITY OF ATASCADERO INVESTMENT POLICY WHEREAS, the City Council of the City of Atascadero desires to prudently invest idle funds of the City to maximize the use of taxpayer funds; and WHEREAS, California Government Code, Section 53646, requires all local agency governing boards to adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the City of Atascadero Investment Policy was last updated in 2016. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that the City of Atascadero Investment Policy, attached hereto, is adopted. SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Investment Policy. The Investment Policy, attached as Exhibit A to this Resolution and incorporated herein by this reference, shall become part of this Resolution. SECTION 3. Effective Date. This Resolution shall take effect upon its adoption and shall remain in effect until revised by the City Council. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of ________, 2017. On motion by ________________ and seconded by ____________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk 28 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 1 APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney 29 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 City of Atascadero Investment Policy Dated May 24, 2016November 28, 2017 30 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 TABLE OF CONTENTS Page I. OVERVIEW…………...……………………………………………………………….. 1 Introduction Scope General Objectives Standards of Care II. INVESTMENT AUTHORITY AND RESPONSIBILITIES.….……………..………. 4 Authorized Investment Officers Investment Procedures Internal Control State Oversight Conflicts of Interest III. ELIGIBLE FINANCIAL INSTITUTIONS………………………………………..…... 6 Selection of Eligible Financial Institutions Safekeeping and Custody IV. AUTHORIZED INVESTMENTS…………………………………………………….. 8 Investment Types Due Diligence Requirement Prohibited Investments Legislative Changes V. INVESTMENT PARAMETERS……………………………………………….…….. 12 Diversification Maximum Maturities VI. CASH MANAGEMENT………………………………………………………..…….. 13 VII. EVALUATION OF INVESTMENT PERFORMANCE…………………….………. 14 Benchmark Comparison VIII. INVESTMENT REPORTING……………………………………….………………. 15 IX. INVESTMENT POLICY REVIEW AND ADOPTION…………………………….. 16 X. APPENDIX Glossary…..………………………………………………………………… Glossary-1 31 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 I. OVERVIEW 1 INTRODUCTION The purpose of this document is to provide guidelines for the prudent investment of funds not required for the immediate needs of the City, and outline policies for maximizing the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. SCOPE Included in the scope of the City’s investment policy are the following major guidelines and practices, which are to be used in achieving the City’s primary investment objectives: Investment Authority and Responsibilities Eligible Financial Institutions Authorized Investments Investment Parameters Cash Management Evaluation of Investment Performance Investment Reporting Investment Policy Review and Adoption It is intended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the Annual Financial Report and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds, including any Successor Agency funds in the City’s pooled cash funds. Subject to the prior written consent and approval of the City Treasurer and City Manager, financial assets held and invested by trustees or fiscal agents are excluded from this policy. However, such assets are nevertheless subject to the regulations established by the State of California pertaining to investments by local agencies as well as the related bond indentures. 32 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 I. OVERVIEW (continued) 2 GENERAL OBJECTIVES The primary objectives of investment activities, in priority order, shall be safety, liquidity, and yield: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a. Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by:  Limiting investments to the safest types of securities.  Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business.  Diversifying the investment portfolio so that potential losses on individual securities will be minimized. b. Interest Rate Risk The City will minimize the risk that the market valu e of securities in the portfolio will fall due to changes in general interest rates, by:  Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity.  Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio will also be placed in money market mutual funds or local government investment pools, which offer same-day liquidity for short-term funds. 33 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 I. OVERVIEW (continued) 3 GENERAL OBJECTIVES (continued) 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. For purposes of comparing alternative investments all yields should be converted to a "money market" equivalent yield. Securit ies shall not be sold prior to maturity with the following exceptions: a. A security with declining credit may be sold early to minimize loss of principal. b. A security swap would improve the quality, yield, or target duration in the portfolio. c. Liquidity needs of the portfolio require that the security be sold. d. A capital gain would be realized that better positions the overall portfolio in achieving investment policy goals. STANDARDS OF CARE The City operates its pooled idle cash investments under the “Prudent Person Rule” which obligates a fiduciary to ensure that investments shall be made: “…using the judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital”. (Uniform Prudent Investor Act) Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. 34 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES 4 AUTHORIZED INVESTMENT OFFICERS The ultimate responsibility for investment activity shall reside with the City Council. Idle cash management and investment transactions are the responsibility of the City Treasurer or designee. The City Council has authorized the following officials to undertake investment transactions on behalf of the City: City Treasurer City Manager Director of Administrative Services Deputy Director of Administrative Services It is the policy of the City for the Director of Administrative Services to manage the investment activity of the funds of the City. The City Manager and t he City Treasurer shall supervise the activities of the Director of Administrative Services. The Finance Review Committee may meet to discuss the status of current investments, strategies for future investment, and other investment matters deemed relevant , and shall report to the City Council as necessary. The City Attorney shall, as required by Government Code section 36518, review the bonding requirement for the City Treasurer upon entering the duties of the Treasurer’s office. INVESTMENT PROCEDURES The authorized investment officers as stated above, in accordance with the City of Atascadero Investment Policy, are responsible for administering an investment program which: • Adheres to the Statement of Investment Policy • Prioritizes safety and liquidity • Determines risk and optimizes return • Provides for a system of due diligence in making investment decisions. INTERNAL CONTROL The Director of Administrative Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. 35 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES (continued) 5 INTERNAL CONTROL (continued) Accordingly, the Director of Administrative Services shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:  Control of collusion  Separation of transaction authority from accounting and record keeping  Custodial safekeeping  Avoidance of physical delivery securities  Clear delegation of authority to subordinate staff members  Written confirmation of transactions for investments and wire transfers  Development of a wire transfer agreement with the lead bank and third party custodian STATE OVERSIGHT The City shall comply with the regulations established by the State of California pertaining to investments. CONFLICTS OF INTEREST The City adopts the following policy concerning conflicts of interest: 1. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. 2. Officers and employees involved in the investment process shall disclose to the City Clerk any material financial interest in financial institutions that conduct business with the City of Atascadero and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. 3. Officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. 4. In making investment decisions, the Investment Officers shall be guided by the recommendations of the Finance Review Committee and avoid the undue influence of individual City officers and officials. 5. Investments are prohibited in certificates of deposit of state or federal credit unions if any city officer, city manager or city fiscal officer serves on the credit union board or in any key committee positions. 36 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 III. ELIGIBLE FINANCIAL INSTITUTIONS 6 SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS Broker/dealers and safekeeping/custodial agents who desire to become qualified for investment transactions must provide the following documents (as appropriate) for annual review by the Director of Administrative Services:  Audited financial statements  Proof of National Association of Securities Dealers (NASD) certification  Proof of state registration  Completed broker/dealer questionnaire  Certification of having read and understood and agreeing to comply with the City’s investment policy. In selecting financial institutions for deposit or investment of funds, the authorized Investment Officers shall consider the credit-worthiness of the institution.  Deposits The City will only deposit funds with an institution that has a rating of at least “A” as assigned by an established rating service based on quarterly financial information provided by the Federal Reserve Board and the Federal Home Loan Bank Board (i.e., The Financial Directory). Ratings will be monitored on a quarterly basis and any downgrade in rating be low “A” will be reported to the Finance Review Committee together with a recommendation for possible action.  Brokers/Dealer Investments must be purchased directly from the issuer, from an institution licensed by the state as a broker-dealer, from a member of a federally regulated securities exchange, or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. Broker/dealers shall be selected by creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of operation).  Safekeeping and Custodial Institutions Safekeeping and custodial institutions shall be selected on the basis of credit worthiness with a minimum of capitalization of $100,000,000 and at least 5 years of operation. Safekeeping and custodial institutions must be fiduciaries of the City and independent of any broker/dealers. All safekeeping and custodial arrangements shall require written agreements. All safekeeping and custodial agreements shall be reviewed by the Cit y Treasurer and Director of Administrative Services and approved by the City Attorney prior to conducting any investment activities. From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such situations, a waiver to the above criteria may be granted. Deposits covered by insurance can be exempted from the Safekeeping and Custodial Institutions clause related to credit worthiness. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. 37 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 III. ELIGIBLE FINANCIAL INSTITUTIONS (continued) 7 SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS (continued) These types of investment purchases should be approved by City Council in advance. The authorized Investment Officers will maintain a file of the broker/dealers and authorized safekeeping/custodial institutions with which it is currently doing business which will include the firm name, contact person, telephone number, and current audited financial statements. SAFEKEEPING AND CUSTODY All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. A third-party custodian as evidenced by safekeeping receipts will hold securities. 38 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 IV. AUTHORIZED INVESTMENTS 8 INVESTMENT TYPES The California Government Code Sections 16429.1 and 53601 govern investment of City funds. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years unless the City Council has granted prior express authority. As previously stated, the City operates its investments under the prudent man rule (Civil Code Section 2261, et. seq.), except where more specifically restricted. This affords the City a broad spectrum of investments, so long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and applicable City trust agreements, if any. It should be noted that while the Government Code specifies the maximum percentage of the portfolio that may be held in each type of investment at any one time, fluctuations in the portfolio balance will prevent strict adherence to such restrictions. Therefore, percentage limitations shall apply to investments at the time of purchase. Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable: 1. State Treasurer’s Local Agency Investment Fund (LAIF) Government Code Section 16429.1: The City may invest in the Local Agency Investment Fund. LAIF is a diversified investment pool administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in order to earn the maximum rate of return consistent with safe and prudent treasury management. LAIF information including LAIF policies and restrictions shall be available in the City’s Administrative Services Department. A thorough investigation of the pool is required on a continual basis. (See Due Diligence Requirement on page 10.) 2. U.S. Government Issues Government Code Sections 53601 (b) and (f): A maximum forty percent (40%) of the City’s portfolio may be invested in U.S. government obligations, U.S. government agency obligations, and U.S. government instrumentality obligations, which have a liquid market with a readily determinable market value. 3. Bankers Acceptances Government Code Section 53601 (g): Up to forty percent (40%) of the City’s portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial 39 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 IV. AUTHORIZED INVESTMENTS (continued) 9 INVESTMENT TYPES (continued) 3. Bankers Acceptances (continued) bank, which are eligible for purchase by the Federal Reserve System, although no more than thirty percent (30%) of the portfolio may be invested in Bankers Acceptances with any one commercial bank. Additionally, the maturity periods cannot exceed 180 days. 4. Commercial Paper Government Code Section 53601 (h): A maximum of twenty five percent (25%) of the City’s portfolio may be invested in highest tier (e.g. A -1, P-1, F-1 or D-1 or higher) commercial paper as rated by Moody’s or Standard and Poor’s rating service. Issuing corporations must be organized and operating in the United States, have in excess of $500 million total assets, and have at least an “A” rating (by Moody’s or Standard and Poor’s) on debt other than commercial paper. The maturity period cannot exceed 270 days. Purchases of eligible commercial paper may not exceed ten percent (10%) of the outstanding paper of an issuing corporation. 5. Certificates of Deposit and Passbook Savings Accounts A maximum of thirty percent (30%) of the City’s portfolio may be invested in certificates of deposit or passbook savings account. The minimum requirements for Certificate of Deposit investments shall be:  Investments and accrued interest shall never exceed the FDIC insurance limit in any one institution.  Qualified institutions must have a minimum equity ratio of 6% and a minimum capitalization of $10,000,000. Purchases of negotiable certificates of deposit, issued by a nationally or state - chartered bank or a state or federal association, or by a state licensed branch of a foreign bank, may not exceed 30 percent of the agency's surplus money, which may be invested pursuant to this section , per Government Code Section 53601. Negotiable certificates of deposit may be purchased in the secondary market at a discount but never at a premium, since the premium would not be FDIC insured. California law requires that public funds be collateralized by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. The collateralization requirement may be waived to the extent that funds are federally insured. For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by t he depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis. 40 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 IV. AUTHORIZED INVESTMENTS (continued) 10 INVESTMENT TYPES (continued) 6. Money Market Mutual Funds Government Code Section 53601 (l): Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec 80a -l et seq.) shall not exceed twenty percent (20%) of the agency's surplus money that may be invested pursuant to this section. The fund shall be managed by a registered or exempt investment advisor with not less than 5 years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The fund shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. No more than ten percent (10%) of the agency's surplus funds may be invested in shares of beneficial interest of any one money market mutual fund 7. Supranational Agency Securities Government Code Section 53601 (q): Up to thirty percent (30%) of the City’s portfolio may be invested in United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this paragraph shall be rated in a rating category of “AA” or its equivalent or better by a nationally recognized statistical rating organization (NRSRO). No more than 10% of the City’s portfolio shall be invested in obligations of any one bank. DUE DILIGENCE REQUIREMENT As stated, a thorough investigation of an investment pool or mutual fund is required prior to investing and on a continual basis. At a minimum, the following information shall be reviewed periodically for each pool and/or mutual fund: 1. A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculations, how interest is distributed, and how gains and losses are treated. 3. A description of how these securities are safeguarded (including the settlement process), and how often these securities are priced and the program audited. 4. A description of who may invest in the program, how often, and the size of deposits and withdrawals. 41 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 IV. AUTHORIZED INVESTMENTS (continued) 11 5. A schedule for receiving statements and portfolio listings. 6. Whether reserves, retained earnings, etc. are utilized by the pool/fund. 7. A fee schedule and when and how fees are assessed. 8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds. PROHIBITED INVESTMENTS The City of Atascadero shall not invest in any investment instrument/pool/fund unless specifically allowed under the “Investment Types” section of this policy. The City of Atascadero shall comply with Government Code Section 53601.6 that states in pertinent part, “(a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or mortgage-derived interest-only strips. (b) A local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity.” LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of Atascadero Investment Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Finance Review Committee, until the maturity date to avoid an unnecessary loss. 42 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 V. INVESTMENT PARAMETERS 12 DIVERSIFICATION The investments shall be diversified by:  Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding Local Agency Investment Fund and U.S. Treasury securities),  Limiting investment in securities that have higher credit risks,  Investing in securities with varying maturities, and  Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LAIF), or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. MAXIMUM MATURITIES In order to minimize the impact of market risk, it is intended that all investments will be held to maturity. To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The Finance Review Committee may meet to review weighted average maturity limitations (which often range from 90 days to 2 years), consistent with investment objectives and economic conditions. Investments may be sold prior to maturity for cash flow, appreciation purposes or in order to limit losses; however, no investment shall be made based solely on earnings anticipated from capital gains. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. 43 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 VI. CASH MANAGEMENT 13 In order to obtain a reasonable return on public funds, the following cash management practice will be followed: 1. Maintain maximum investment of all City funds not required to meet immediate cash flow needs. 2. Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 3. Maximize the City’s cash flow through immediate deposit of all receipts, use of direct deposit when available, and appropriate timing of payment to vendors. 4. Daily cash flow management shall be the responsibility of the Director of Administrative Services in conjunction with the City Treasurer. 44 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 VII. EVALUATION OF INVESTMENT PERFORMANCE 14 The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs. BENCHMARK COMPARISON The investment portfolio shall be structured to optimize the ret urn given the risk constraints and cash flow needs. Investment activity reports shall be generated on a monthly basis for presentation to the City Council. In evaluating the performance of the City’s portfolio in complying with this policy, it is expected that yields on City investments will regularly meet or exceed the average return on a two-year U.S. Treasury Note. However, the Finance Review Committee for evaluation purposes considers a variance of .5% positive or negative from the benchmark reasonable. 45 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 VIII. INVESTMENT REPORTING 15 REPORTS TO CITY COUNCIL The City Treasurer shall prepare and submit a quarterly investment report to the City Council. This report will include the following elements relative to the investments held at quarter-end. 1. Face value. 2. Security description. 3. Coupon rate. 4. Maturity date. 5. Investment rating. 6. Investment type. 7. Purchase date. 8. Cost of security. 9. Yield-to-Maturity 10. Estimated market value. 11. Amortized premium/discount. 12. Unrealized Gain <Loss>. 13. Listing of investment by maturity. 14. Gains or Losses on the sale of securities not held to maturity. 15. Bank failures. 16. Investment ratings downgraded by Moody’s or Standard and Poor’s. 17. Statement relating the report to the Statement of Investment Policy. 18. Statement that there are sufficient funds to meet the next six months’ obligations. 46 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 IX. INVESTMENT POLICY REVIEW AND ADOPTION 16 The Statement of Investment Policy shall be submitted as needed to the City Council for adoption. The policy shall be reviewed periodically to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approve d by the City Council. 47 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 APPENDIX: Glossary Glossary-1 The following is a glossary* of key investing terms. Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of fed eral agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed -income securities equal to 1/100 of 1 percent of yield, e.g., “1/4” of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Cash Sale/Purchase - A transaction that calls for delivery and payment of securities on the same day that the transaction is initiated. *This glossary has been adapted from an article, entitled “Investment terms for everyday use,” that appeared in the April 5, 1996, issue of Public Investor, GFOA’s subscription investment newsletter. 48 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-2 Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 365 days. Convexity - A measure of a bond’s price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond’s price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the “interest rate”. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are deli vered either to the purchaser or his/her custodian. Derivative Security - Financial instrument created from, or whose value depends upon, one or more underlying assets or indexes of asset values. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed -income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for give n changes in interest rates. 49 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-3 Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same -day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Government Securities - An obligation of the U.S. government, backed by t he full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See “Treasury Bills, Notes, and Bonds.” Interest Rate - See “Coupon Rate”. Interest Rate Risk - The risk associated with declines or rises in interest rates that cause an investment in a fixed-income security to increase or decrease in value. Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: 1. Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employers. 2. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities - Book-entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 50 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-4 Internal Controls (continued) 5. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written confirmation of transactions for investments and wire transfers - Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping institution has a list of authorized signatures. 7. Development of a wire transfer agreement with the lead bank and third -party custodian - The designated official should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment -grade is restricted to those obligations rated BBB or higher by a rating agency. Liquidity - An asset that can be converted easily and quickly into cash. Local Agency Investment Fund (LAIF) - The Local Agency Investment Fund (LAIF) is a voluntary program created by statute; began in 1977 as an investment alternative for California's local governments and special districts and it continues today. The enabling legislation for the LAIF is Section 16429.1 et seq. of the California Government Code. This program offers local agencies the opportunity t o participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. This in -house management team is comprised of civil servants who have each worked for the State Treasurer's Office for an average of 20 years. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. 51 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-5 Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See “Weighted Average Maturity.” Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, comm ercial paper, bankers’ acceptances, repos and federal funds). Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus that is updated and filed by the SEC annually. Mutual Fund Statistical Services - Companies that track and rate mutual funds, e.g., IBC/Donoghue, Lipper Analytical Services, and Morningstar. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. (See below.) [(Total assets) - (Liabilities)]/ (Number of shares outstanding) No Load Fund - A mutual fund that does not levy a sales charge on the purchase of its shares. 52 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-6 Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon,” “coupon rate,” or “interest rate.” Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the “Ask price.” Par - Face value or principal value of a bond, typically $1,000 per bond. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security’s par value. Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Regular Way Delivery - Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (Repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. 53 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-7 Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13 -month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Supranational Agency – Global entity whose membership transcends national boundaries and whose constituent countries share in decision making, such as the International Bank of Reconstruction and Development (IBRD) or the World Bank, whose purpose is to promote economic development. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue that come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain period. (Price appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one -year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes - Intermediate U.S. government debt securities with maturities of one to ten years and issued in denominations ranging from $1,000 to $1,000,000 or more. Treasury Bonds - Long-term U.S. government debt securities with maturities of ten years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. Uniform Net Capital Rule - SEC Rule 15C3-1 outlining capital requirements for broker/dealers. 54 of 137 ITEM NUMBER: A-3 DATE: ATTACHMENT: 11/28/17 2 Glossary-8 Volatility - A degree of fluctuation in the price and valuation of securities. “Volatility Risk” Rating - A rating system to clearly indicate the level of volatility and other non-credit risks associated with securities and certain bond funds. The rating for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns (“aaa” by S&P; “V -1” by Fitch) to those that are highly sensitive with currently identifiable market volatility risk (“ccc -“ by S&P, “V-10” by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a -7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security’s current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 55 of 137 ITEM NUMBER: A-4 DATE: 11/28/17 Atascadero City Council Staff Report – City Manager’s Office Appointment of Atascadero Tourism Business Improvement District (ATBID) Board Member RECOMMENDATION: Council appoint Daniel Brewer to the Atascadero Tourism Business Improvement District Advisory Board, for a term ending June 30, 2018. DISCUSSION: In 2013, the lodging businesses in Atascadero requested the Council establish a Tourism Business Improvement District in order to levy annual assessments that would fund tourism promotions and marketing programs to promote the City as a tourism destination. The City Council approved the establishment of the ATBID, appointed Board Members, and levy assessments began June 1, 2013. All Board Members serve two year staggered terms. On September 6, 2017, Jiten Patel submitted his formal letter of resignation from the ATBID. In response, staff initiated a nomination process to fill the vacancy. Letters notifying each lodging business owner of the vacancy, and the date and time of the ATBID nomination meeting, were mailed out on October 6, 2017. The nomination meeting was held on November 15, 2017. Daniel Brewer, of Best Western Plus Colony Inn, was nominated by the lodging owners present at the meeting to be recommended to the City Council for appointment to the ATBID Board. FISCAL IMPACT: None. ALTERNATIVES: Council may reject the recommendation of the lodging business owners and request a new recommendation from the lodging business owners. ATTACHMENT: Jiten Patel’s Letter of Resignation 56 of 137 ITEM NUMBER: A-4 DATE: 11/28/17 ATTACHMENT: 1 57 of 137 ITEM NUMBER: A-4 DATE: 11/28/17 ATTACHMENT: 1 58 of 137 ITEM NUMBER: A-5 DATE: 11/28/17 Atascadero City Council Staff Report – Police Department Enhanced 9-1-1 System Upgrades RECOMMENDATIONS: Council: 1. Approve receipt of $218,000 in California 9-1-1 Emergency Communications Office Funds to upgrade the Public Safety Communications Center 9-1-1 system. 2. Authorize the Director of Administrative Services to appropriate $218,000 in California Emergency Communication Office Funds to upgrade the Public Safety Communications Center 9-1-1 system. 3. Authorize the City Manager to execute a contract with Motorola Call Works in the amount of $214,833 for the purchase of the Motorola Call Works Enhanced 911 phone system. DISCUSSION: The State of California, through the Emergency Communications Branch of Cal OES, awards grant funds for the maintenance and upgrading of emergency 9-1-1 phone systems in public safety communications centers throughout the state. The Emergency Communications Office provides this funding every five years so that Emergency Communications Centers can maintain their systems to keep pace with ever changing technology. Atascadero’s communication center was last upgraded in late 2011. At that time, only the software for the system was upgraded. The current phone hardware is over 12 years old and is no longer manufactured. This year, the Emergency Communications Branch has authorized grant funds to the City of Atascadero in the amount of $218,000, to procure equipment and maintenance agreements to upgrade the City’s current Emergency 9-1-1 phone system. 59 of 137 ITEM NUMBER: A-7 DATE: 11/28/17 In accordance with Section III (Proprietary Goods and Services) of the City’s purchasing policy, staff attended demonstrations of emergency 9-1-1 systems provided by three different vendors, VESTA, VIPER (both provided through AT&T) and Call Works (a Motorola product). After careful consideration, it was determined that Call Works from Motorola was the preferred vendor. Call Works has features not found in either VESTA or VIPER including GPS mapping capabilities that would allow dispatchers to immediately view the location of 911 callers. This includes calls from cell phones which can be plotted to within a 50-meter radius. Staff believes that Call Works will allow the Emergency Dispatch Center to better serve the community. The majority of the funding will be used for the 9-1-1 system including hardware, software and 5-year support and maintenance. The remaining funds are considered residual funds and must be used solely to purchase items for the dispatch center. It is anticipated that these residual funds will be used to purchase work stations, chairs, headsets and other related equipment. The Government Code requires the City Council to appropriate and approve the use of these funds. FISCAL IMPACT: No net impact on the General Fund. General Fund expenditures, in the amount of $218,000, will be reimbursed by the State of California’s Emergency 9-1-1 Program. ALTERNATIVE: The City Council could decline state funding and rely upon the General Fund as funding source or defer the project. Neither alternative is recommended due to significant benefit gained from leveraging improved technology without impact to the General Fund. ATTACHMENT: Draft Spending Plan, 9-1-1 Communication Center Upgrade 60 of 137 ITEM NUMBER: A-5 DATE: ATTACHMENT: 11/28/17 1 Draft Spending Plan 9-1-1 Communication Center System Upgrade The proposed spending plan below is based on quotes and research completed by staff. There may be slight variations in cost between the two categories below to adjust for conditions that arise during installation and upgrade. Amount Estimated Description of Cost Item $214,833  Total Base System with 5-year support and maintenance contract.  2 active PSAP positions, 1 inactive PSAP position available for use during critical incidents $3167 Residual funding for dispatch center equipment. $218,000 GRAND TOTAL 61 of 137 ITEM NUMBER: A-6 DATE: 11/28/17 Atascadero City Council Staff Report – Community Development Department Community Facilities District 2005-1, Annexation No. 17 Levy of Special Taxes Authorization RECOMMENDATION: Council adopt on second reading, by title only, the Draft Ordinance, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 17. DISCUSSION: This action consists of authorizing the levy of special taxes in Community Facilities District 2005-1 to a newly annexed area known as the Cerro Roble residential development (Annexation No. 17). This is a second reading of the proposed Ordinance and is required to formalize the annexation. On November 14, 2017, the City Council held a public hearing on annexing the territory identified as Annexation No. 17 into the City’s Community Facilities District (CFD) 2005- 1. After the close of the public hearing, the City Council adopted Resolution No. 2017- 064, on a 5-0 vote, authorizing the annexation. A landowner election was held, and the owner elected to authorize a special CFD tax and approved the annexation. The Council then introduced a Draft Ordinance, for first reading, on a 5-0 vote, authorizing the levy of a CFD fee to all future property own ers residing in Annexation No. 17 territory. The Special Tax levied against Single-Family Residential parcels for Fiscal Year 2017- 2018 was $650.08 per parcel ($54.17 per month), which is subject to an annual escalator to pay for the service expansion nee ded to serve these additional residential units. The money collected can only be used to fund new public services authorized to be funded by the State Mello -Roos Act and identified within the Rate and Method of Apportionment, and cannot be used to support existing services. Adoption of this Ordinance, on second reading, will complete the CFD process and allow for the Final Map to be recorded. ATTACHMENT: Draft Ordinance 62 of 137 ITEM NUMBER: A-6 DATE: ATTACHMENT: 11/28/17 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to the “Mello-Roos Community Facilities Act of l982”, being Chapter 2.5, Part l Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and park services (the “Services”) as provided in the Act; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B of Resolution No. 2005-038, entitled “A Resolution of the City Council of the City of Atascadero, California, For the Formation of Community Facilities District No. 2005-l (Public Services) (the “Resolution of Formation”), which was adopted on May 24, 2005; and WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on November l4, 2017, adopted Resolution No. 2017-065, entitled “Resolution of the City Council of the City of Atascadero, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien.” NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate Attachment 3: Draft Ordinance – Special Tax Levy 63 of 137 ITEM NUMBER: A-6 DATE: ATTACHMENT: 11/28/17 1 and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07, pursuant to Ordinance No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is hereby levied commencing in Fiscal Year 2018-19 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District. SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation. SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation. SECTION 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Luis Obispo in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Luis Obispo for Fiscal Year 2018-19 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. SECTION 8. 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. 64 of 137 ITEM NUMBER: A-6 DATE: ATTACHMENT: 11/28/17 1 SECTION 9. This Ordinance shall take effect 30 days from the date of final passage. INTRODUCED at a regular meeting of the City Council held on November 14, 2017, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on _______, 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney 65 of 137 ITEM NUMBER: B-1 DATE: 11/28/17 Atascadero City Council Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendments PLN 2017-1650 RECOMMENDATION: The Planning Commission recommends: Council introduce for first reading, by title only, Draft Ordinance amending Title 9, Zoning Regulations, of the Atascadero Municipal Code. DISCUSSION: Background: On September 27, 2016, the City Council adopted Ordinance 602, which approved a substantial overhaul to the Zoning text. A short time later, on October 11, 2016, the City Council adopted Ordinance 604, which repealed and replaced the Sign Ordinance. Over the past year, staff and the public have had the opportunity to utilize these new codes and the need for minor updates and clarifications has become apparent. Staff intends to prepare minor updates to the Zoning code, on an annual basis, or as needed, to ensure Title 9 of the Atascadero Municipal Code remains a “living document” that responds to current community needs, economic trends and a changing commercial environment. Summary: Staff proposes text amendments to the Zoning Ordinance, Title 9, to correct inconsistencies, typographical errors, provide clarity between similar land uses, clarify the intended language of several development standards, and modify several minor development standards to reflect real-world development scenarios. A summary of the proposed text updates and clarifications are detailed below. Proposed Amendments to Correct Inconsistencies Staff proposes minor amendments to correct inaccurate cross references and inconsistencies. The proposed amendments include the following:  Correct references to "adjustments”, which are now termed ”administrative use permits” (Section 9-1.112), and the chapters of the Zoning Ordinance that may be modified through an administrative use permit (multiple sections); and 66 of 137 ITEM NUMBER: B-1 DATE: 11/28/17  Correct references to the old native tree regulations (formerly Section 4 -4.155, now Chapter 9-11) (multiple sections); and  Eliminate redundant use of the word “that” in the required findings for conditional use permits (Section 9-2.110); and  Apply the correct name to the high density multiple -family zoning district to reflect the existing maximum density (RMF-24) (multiple sections); and  Correct references to the United States Department of Agriculture Soil Conservation Service (SCS), which is now the Natural Resources Conservation Service (NRCS) (Article 2 of Chapter 9-3); and  Correct the numbering of footnotes in the non-residential land use table (Section 9-3.330); and  Correct a typo in the “general retail” land use category requiring a conditional use permit for projects 50,00 square feet in size (should read 50,000 square feet ) in the non-residential land use table (Section 9-3.330); and  Correct the Special Use Regulation reference for “temporary or seasonal sales” (Section 9-3.330); and  Correct the misspelling of “contract construction services” in the non-residential land use table (Section 9-3.330); and  Provide clarification to the “Sloping Lot Adjustment” subsection (Section 9-4.106); and  Correct references to the old Sign Ordinance section numbers (Section 9 -3.347, Section 9-6.105); and  Correct references to the incorrect special-use section for schools in the “required number of parking spaces” section (reads Section 9 -6.123, should be Section 9-6.125) (Section 9-4.118); and  Correct references to the old noise regulations (formerly Section 9 -4.143, now Chapter 9-14) (Section 9-6.105); and  Correct a reference to special use standards for agricultural accessory structures (formerly Section 9-6.112, should be Section 9-6.109) (Section 9-6.106); and  Correct a reference to a special use standard (Section 9 -6.128), which should be a reference to the development standard for fencing and screening (Section 9 - 4.128) (Section 9-6.106); and  Correct section titles in the agricultural uses: specialized section (Section 9- 6.108); and  Accurately prescribe the animal hospital special use standards to apply in all commercial zones where “animal hospitals” are permitted (Section 9-6.110); and  Correct the calculations to remove incorrect math for farm Animal Equivalency Units (Section 9-6.112); and  Correct the terminology for “roadside stands” to instead reference “agricultural produce stands” and accurately define the residential zones where the standards apply in conformance with the Chapter 3 allowable land uses tables (Section 9 - 6.117); and  Within the sign regulations, correct inconsistent language describing zoning districts (section 9-15.008); and  Correct inconsistencies between the allowed signs by zone table (Table 15.1) and types of signs and standards table (Table 15.2) (Sections 9 -15.007 and 9- 15.008). 67 of 137 ITEM NUMBER: B-1 DATE: 11/28/17 Land Use Definitions and Uses Allowed In Zoning Districts The proposed refinements to the land use definitions fix inconsistencies and errors that were identified following the significant updates that occurred last year with the overhaul of the zoning regulations. The proposed corrections include the following:  Replace the title “medical marijuana cultivation” with “personal cannabis cultivation” for consistency with state law and recent code adoption (Section 9-3.230 and 9-3.500); and  Amend code to verify that “parks and playgrounds” are an allowed use in all residential zoning districts with approval of an administrative use permit (Section 9-3.330); and  Remove the error that indicates “livestock specialties” is an allowed use in the commercial zoning districts (Section 9-3.230); and  Provide clarity to the definitions of “amusement services” and “indoor recreation services” and where the uses are permitted (Section 9-3.330 and 9-3.500); and  Correct the text to indicate that temporary events are an allowed use in the downtown and require a conditional use permit for temporary uses with a long set-up or break-down period (Section 9-3.330); and  Allow “eating and drinking places” and “microbrewery – brewpub” in all commercial and industrial zoning districts (Section 9-3.330); and  Allow “tasting room” in the Downtown Office and Industrial Park zoning districts (Section 9.3.330); and  Add clarification to where smoke shops may not be allowed by creating the “retail sales – restricted” land use definition to include pawn shops and smoke shops, and specifying that they be allowed in the same zoning districts as “personal services – restricted” (Sections 9-3.330 and 9-3.500); and  Allow “animal hospitals” in the Commercial Professional zoning district when no animals are housed overnight (Section 9-3.330); and  Clarify that daycare centers for children and adults are allowed within the Commercial Neighborhood zoning district and remove them from the Commercial Service zoning district (Section 9-3.330); and  Clarify code to allow “small family day care” and conditionally allow “large family day care” in some commercial zones within conforming and legal non - conforming residences (Section 9-3.330); and  Remove “large family day care” as an allowed use in the Downtown Office zoning district where residential uses are not permitted (Section 9 -3.330); and  Add “laundromat / coin-operated laundry” as a separate land use definition (Sections 9-3.330 and 9-3.500); and  Move card rooms and billiard and pool halls from “amusement services” to the “personal services – restricted” land use category. Currently, amusement services are not an allowed use within the C-T zone, where Outlaws Cardroom is located. This amendment would allow Outlaws to be a conforming use. (Section 9-3.500); and  Differentiate between “business support services” and “contract construction services” (Section 9-3.500); and 68 of 137 ITEM NUMBER: B-1 DATE: 11/28/17  Clarify language limiting the “general retail” land use to occur primarily within a building, and add note that stores selling certain types of merchandise are considered “retail sales-restricted” (Section 9-3.500); and  Clarify confusing language in the definition of “health care services” regarding unlicensed professionals (Section 9-3.500). Modification of Development Standards Staff proposes the following clarifications to development standards, which provide details on how various land uses must provide for items such as setbacks, parking, density and other physical limitations. The clarifications proposed below align the zonin g with the current general plan and provide clarity to the RMF zone density, flag lots and parking for offices.  Illustrate existing minimum and maximum density on slopes in the High - Density Multiple-Family zoning district (Section 9-3.252); and  Add clarity to the definition of a front setback for flag lots (Sections 9-4.106); and  Remove the requirement to increase interior setbacks for structures on the same lot when adjusting the allowed height of buildings (Section 9 -4.113); and  Remove the definition of the term “office space” in the “required number of parking spaces” section and eliminate the per-office parking requirements for offices, instead requiring parking based on total area similar to other land uses (Section 9-4.118); and  Add a definition for flag lot and correct figure-numbering errors caused by adding a figure for flag lot (Section 9-9.102). Conclusion: The proposed text amendments are consistent with the General Plan and are part of annual efforts to align the zoning regulations with City policy, ensuring the City has an accurate and legible code. At a later date, staff will be returning with amendments that will examine ground-floor downtown land uses in an effort to continue to stimulate economic development, while maintaining a high quality commercial core. FISCAL IMPACT: No fiscal impact to the City is anticipated. 69 of 137 ITEM NUMBER: B-1 DATE: 11/28/17 ALTERNATIVES: 1. Council may modify the text amendments recommended by the Planning Commission. 2. Council may determine that more information is needed, on some proposed revisions, and may refer the item back to the Planning Commission to develop additional information. It is recommended that Council clearly state the type of information that is required and move to continue the item to a future date. 3. Council may deny some or all of the proposed text amendments. It is recommended that Council specify the reasons for denial of the project and recommend an associated finding. ATTACHMENT: Draft Ordinance 70 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 ATTACHMENT 1: Draft Ordinance DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE TITLE 9 ZONING REGULATIONS WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zoning Regulations Text Amendments to Title 9, Chapters 1-4, 6, 9 and 15 (PLN 2017-1650 / ZCH 2017-0186); and WHEREAS, the amendment to the Zoning Regulations will provide for the orderly and efficient interpretation of land use policies where such development standards are applicable; and WHEREAS, a Notice of Exemption was 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, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9, Zoning Regulations of the Atascadero Municipal Code; and, WHEREAS, a timely and properly noticed public hearing, on the subject of amending the Zoning Regulations, was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on November 7, 2017, studied and considered PLN 2017 -1650 and recommends that the City Council approve the proposed amendments; and, WHEREAS, the City Council of the City of Atascadero, at a public hearing held on November 28, 2017, studied and considered PLN 2017-1650. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are true and correct. 71 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 SECTION 2. The City Council finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text Change will not, in itself, result in significant environmental impacts. SECTION 3. A categorical exemption for the Zoning Regulations amendments has been prepared and adopted as shown in Exhibit A on file in the City Clerk’s Office and incorporated herein by reference. SECTION 4. Atascadero Municipal Code Title 9 Zoning Regulations is amended as detailed in Exhibit B on file in the City Clerk’s Office and incorporated herein by reference. SECTION 5. The City Council of the City of Atascadero, in a regular session assembled on November 28, 2017 resolved to introduce for first reading, by title only, an Ordinance amending Atascadero Municipal Code Title 9 Zoning Regulations as shown in Exhibit B on file in the City Clerk’s Office and incorporated herein by reference. SECTION 6. 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. SECTION 7. This Ordinance shall take effect 30 days from the date of final passage. 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: ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk 72 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney 73 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 EXHIBIT A. Notice of Exemption 74 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 EXHIBIT B: Proposed Amendments to Title 9 Zoning Regulations Amend the following subsections of Chapter 1, Section 9-1.112; and Chapter 2, Sections 9- 2.108 and 9-2.110; and Chapter 3, Sections 9-3.104, 9-3.230, 9-3.242, 9-3.243, 9-3.244, 9- 3.252, 9-3.262, 9-3.330, 9-3.347, and 9-3.500; Chapter 4, 9-4.106, 9-4.113, 9-4.115, 9-4.118, 9- 4.119, 9-4.120, 9-4.127, and 9-4.128; Chapter 6, Sections 9-6.105, 9-6.106, 9-6.108, 9-6.110, 9-6.117, and 9-6.140; Chapter 9, Section 9-9.102; and Chapter 15, Sections 9-15.007 and 9- 15.008 as shown: 9-1.112 Administrative use permit. An administrative use permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact in the neighborhood. It provides flexibility in the regulation of certain standards set forth in Chapters 9-4, 9-6, 9-14 and 9-15 of this title. This procedure ensures public review of proposed uses so that they will be compatible with existing or desired conditions in their neighborhoods. (a) When Allowed. When a standard of Chapter 9-4, 9-6, 9-14 or 9-15 identifies specific circumstances under which reduction or modification of the standards may be appropriate, an applicant may make application for an administrative use permit. (b) Application. An administrative use permit application shall be filed with the Community Development Department as an attachment to its respective project application, and shall include appropriate supporting materials. Supporting materials shall include, but not be limited to, a plot plan, written description of activities proposed, rationale for relaxation or modification of the applicable standard, and mailing labels with the names and addresses for all property owners located within three hundred (300) feet of the subject property. The hearing officer may require additional information as necessary. (c) Processing. The Community Development Department hearing officer shall hold a public hearing to review whether findings can be made to approve the application. Notice of the hearing shall be given to adjacent property owners as provided in Section 9-1.110. Approval of the application may be made contingent upon conditions of approval. The applicant, or any aggrieved party, may appeal the hearing officer’s decision and/or conditions of approval to the Planning Commission. The hearing officer’s decisions shall be final unless appealed as provided in Section 9-1.111 of this title. An additional fee shall not be charged if the application for administrative use permit is considered in conjunction with a plot plan, precise plan or conditional use permit. (d) Findings for Approval. An administrative use permit shall be approved only if the following findings are made in the affirmative by the hearing officer: (1) Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; (2) Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; (3) Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and 75 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (4) Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; and (5) Any other findings deemed necessary. 9-2.108 Plot plan. A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Plot plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a building permit under Title 8 of this Code, or the establishment of a land use which does not require a building permit, but is still subject to the standards of this title. (a) Plot Plan Application. Plot plan applications shall include the forms provided by the Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be neatly and accurately prepared and at a scale acceptable to the Planning Director which will enable ready identification and recognition of submitted information. (b) Plot Plan Content. Drawings filed with plot plan applications shall include the following, using multiple sheets if necessary: (1) Site Location and Dimensions. Location, exterior boundaries and dimensions of the entire property which is the subject of the application shall be depicted. The scale of the drawing and a north arrow shall be indicated. An area location map showing the proposed project site and its distance from nearby cross streets, and natural or man-made landmarks, as necessary to readily locate the site, may be included. (2) Street Improvements. The location, name, width, and pavement type of adjacent street(s) or alleys as well as the location of existing or proposed curbs, gutter or sidewalk improvements, if any, shall be indicated. (3) Buildings and Structures. The location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, decks, balconies, fences, walls and other structural elements that protrude into yard areas shall be indicated. When the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the Uniform Building Code may be substituted for use. The height of buildings and structures and elevations (relative height) of the finish floor to the edge of the pavement or road at the driveway entrance shall be shown. (4) Utilities. The location, dimensions and type of utilities proposed including water supply, sewage disposal facilities, electricity, gas or similar shall be shown. (5) On-Site Improvements. The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, and identification of any driveway grades over twelve percent (12%) shall be made. The location and dimensions of areas proposed for grading and landscaping shall also be indicated. (6) Landforms. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas shall be shown. 76 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (7) Additional Information. Shall be included with plot plan applications in the following specific cases: (i) Grading Plan. When required by Section 9-4.138; (ii) Drainage Plan. When required by Section 9-4.148; (iii) Sign Information. When any use is proposed to have signs, a description of their location, size, design and copy shall be provided; (iv) Trees. Applications shall show the location of trees existing on the site in or within fifty (50) feet of the area proposed for grading or other construction, which are eight (8) inches or larger in diameter at four (4) feet above natural grade. Trees proposed to be removed shall be specifically identified. Any tree removal is subject to the requirements of Section 9-4.155 Chapter 9-11. (c) Plot Plan Review and Approval. The Planning Director shall approve a plot plan application when the proposed project or use satisfies all applicable provisions of this title. 9-2.110 Conditional use permit. (a) The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (1) Uses that are shown as conditional uses in a particular zoning district; or (2) Multiple-family residential developments consisting of twelve (12) or more units, even if such a development is listed as an allowed use in a particular zoning district; or (3) Nonresidential development containing fifty thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (4) Outdoor commercial and industrial sales and storage developments as defined by Section 9-9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. (b) Because of the intensity of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The conditional use permit is a discretionary approval and the Planning Commission may approve or disapprove a conditional use permit or may adopt additional conditions of approval. Conditional use permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this title. When conditional use permit approval is required, preparation and processing of the application shall be as follows: (1) Conditional Use Permit Content. The content of a conditional use permit application is to be the same as required for the precise plan use by Section 9-2.109(a). (2) Conditional Use Permit Processing. Conditional use permit applications shall be submitted to the Planning Department and shall be processed as follows: (i) Environmental Determination. A conditional use permit application accepted for processing as set forth in Section 9-2.102 shall receive an environmental determination as required by the California Environmental Quality Act (CEQA). The Planning Department shall process the application concurrently with the environmental determination. 77 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (ii) Staff Report. The Planning Department shall prepare a staff report which: a. Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and b. References applicable policies and regulations; and c. Determines whether the proposed use or project satisfies at minimum the provisions of this title; and d. Recommends whether, and on what basis the proposal should be approved, conditionally approved or disapproved. (iii) Public Hearing. The Planning Director shall schedule the conditional use permit for public hearing before the Planning Commission as set forth in Section 9-1.110. (3) Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal). (i) Conditions of Approval. After the conclusion of a public hearing, the Planning Commission may approve, conditionally approve, or disapprove the conditional use permit. In conditionally approving a conditional use permit, the Planning Commission shall designate such conditions to satisfy any requirements of CEQA, and to: a. Secure compliance with the objectives and requirements of this title and the General Plan; and b. Designate time limits or phasing schedules other than those specified in Section 9- 2.112 for the completion of projects when deemed appropriate. (ii) Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i), the Planning Commission may adopt other conditions, including but not limited to: a. Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121; b. Requiring installation of specific on-site or off-site improvements; c. Requiring periodic review or limiting the permit to a specified period of time; d. Requiring that the permit be personal to the applicant or be applicable to the property; e. Any other conditions as are judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community. (iii) Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9- 8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval. (iv) Required Findings. If the Planning Commission approves or conditionally approves a conditional use permit, it shall first find that: a. The proposed project or use is consistent with the General Plan; and b. The proposed project or use satisfies all applicable provisions of this title; and 78 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 c. 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 d. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and e. 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; and f. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and g. Any additional findings deemed necessary. (4) Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use fourteen (14) days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b). 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Section 9- 3.102(a) through (c) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102). (b) Overlay Districts. The letter symbols listed after each overlay district in Section 9- 3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH). (c) Density in Residential Multiple-Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple-family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1.102). Example: Residential Multiple-Family allowing twenty-four (204) units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF/204 (HS). (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102). Example: Residential Single-Family with a one-half (1/2) acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size. 79 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-3.230 Agriculture & Residential district allowable land uses. Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF Agricultural Related Uses Agricultural Accessory Uses A A A 9-6.109 Agricultural Produce Stands A A A AUP AUP 9-6.117 Agriculture Employee Housing A 9-6.107 Farm animal raising A A A AUP 9-6.112 Horticultural specialties A A 9-6.116 Large Scale Ag Manufacturing A CUP 9-6.103 Livestock Specialties A CUP 9-6.115 Medical Marijuana Personal Cannabis Cultivation A A A A A 9-6.186 9-17 Small Scale Ag Processing A A A AUP AUP 9-6.103 Natural Resources and Processing Resource Extraction CUP CUP 9-6.147- 9.6-61 Residential Uses Multi-Family Housing A 9-3.175 Manufactured Home / Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential accessory uses A A A A 9-6.106 Single-family dwelling A A A A 9-6.143, 9-6.184 Secondary Residential Units A A A 9.-5 Temporary dwelling A A A A 9-6.175 Recreation, Education, & Public Assembly Churches and related activities CUP CUP CUP CUP 9-6.121 Parks & Playgrounds AUP AUP AUP AUP Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary events A A A A A 9-6.177 Tourism, Lodging, & Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care / Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, six (6) clients or less A A A CUP 9-6.134 80 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF Medical Extended Care Services, seven (7) clients or more CUP CUP CUP CUP 9-6.134 Residential Care, six (6) clients or less A A A A 9-6.135 Residential Care, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, six (6) clients or less A A A A 9-6.135 RCFE – Assisted Living, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center / Senior Apartments CUP RCFE – Retirement Hotel CUP Transportation, Infrastructure & Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Notes: Zoning Districts Abbreviations A – Agriculture; RS-Residential Suburban ; RSF-Residential Single Family Residential ; LSF – Limited Single Family Residential ; RMF – Residential Multi-Family 9-3.242 Minimum lot size—RS Zone. The minimum lot size in the Residential Suburban Zone shall be two and one-half (2 1/2) acres and may range up to ten (10) acres depending upon conformance with performance standards established in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0 — 8,000′ 0.20 8,000′ — 10,000′ 0.25 10,000′ — 12,000′ 0.30 12,000′ — 14,000′ 0.40 14,000′ — 16,000′ 0.50 16,000′ — 18,000′ 0.60 18,000′ — 20,000′ 0.75 20,000′ + 0.90 * To be measured as radial distance using map maintained in Planning Department. 81 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (2) Septic Suitability. Using generalized soils data from the Soil Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be: SNRCS Rating* Lot Size Factor Well suited 0.50 Moderate 0.75 Slow 1.00 Severe 1.50 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Natural Resources Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate or slow 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0 — 10% 0.50 11 — 20% 0.75 21 — 25% 1.00 26 — 30% 1.25 31 — 35% 1.75 36 — 40% 2.00 40% + 2.25 82 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor City accepted road 0.40 Paved road, less than 15% slope 0.40 Paved road, greater than 15% slope 0.50 All-weather road, less than 15% slope 0.75 All-weather road, greater than 15% slope 1.00 Unimproved road, less than 15% slope 1.25 Unimproved road, greater than 15% slope 1.50 (5) General Neighborhood Character. Using the average lot size of existing lots which are zoned for single-family residential use (except that lots larger than fifteen (15) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand five hundred (1,500) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by two-tenths (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section, however in no case shall the minimum lot size be less than two and one-half (2-1/2) acres in size. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. (Ord. 602 § 2, 2016) 9-3.243 Minimum lot size—RSF Zone. The minimum lot size in the Limited Residential Single-Family Zone shall be twenty thousand (20,000) square feet with sewer, one-half (1/2) acre where sewer is not available and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). 83 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Symbol Minimum Lot Size X 1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned). Y 1 acre, when sewers are available. 1-1/2 acres, when sewers are not available. Z 1-1/2 to 2-1/2 acres based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000′ 0.08 4,000′—6,000′ 0.10 6,000′—8,000′ 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be: SNRCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the soil conservation service Natural Resources Conservation Service reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 84 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by two-tenths (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.244 Minimum lot size—LSF Zone. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: 85 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000′ 0.08 4,000′—6,000′ 0.10 6,000′—8,000′ 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be: SNRCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Natural Resources Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: 9-3.252 Density—RMF Zone. The maximum allowable density in the Residential Multiple-Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows: (a) Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple-Family Residential. The minimum number of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net acre is twenty-four (24). 86 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (c) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this section shall be modified to the following densities based on site topography, as follows: Average Slope Low Density Multiple-Family (units/acre) High Density Multiple-Family (units/acre) Minimum Maximum 0—10.99% 10 20 24 11—15.99% 7 14 17 16—20.99% 5 10 12 21—25.99% 3 6 7 26—30.0% 2 4 5 > 30% 1 2 2 (d) For medical extended care services, where residents are primarily nonambulatory, the following maximum bed/net acre densities may be permitted, where subject to Planning Commission conditional use permit approval: RMF-10 District 34 beds/net acre RMF-240 District 55 beds/net acre 9-3.262 Property development standards—RMF. (i) RMF-204 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels RMF-20), of the General Plan Housing Element shall be permitted “by right” and will not be subject to conditional use permit or specific plan. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the Municipal Code. 9-3.330 Nonresidential district allowable land uses. Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. 87 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Agricultural Produce Stands A A A A 9-6.117 Farm Equipment & Supplies A A A A A Farmer’s Market CUP CUP CUP CUP CUP A A Horticultural specialties A A A A A 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Livestock Specialties A CUP 9-6.115 Residential Uses Age Restricted Housing CUP Care Taker’s Residence / Employee Unit CUP CUP CUP Live/Work Unit A31 Multi-family Dwellings CUP12 CUP2 CUP12 CUP2 A31 A31 Single-family dwelling A31 A31 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, & Public Assembly Amusement Services CUPA CUPA CUPA A A A Churches & Related Activities CUP CUP 9-6.121 Indoor Recreation Services CUP CUP CUP A A A CUP CUP CUP Libraries, Museums A A A A A A Membership Organizations A A CUP CUP Outdoor Recreation Services CUP CUP A 9-6.123 Parks & Playgrounds A A 88 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I Public Assembly & Entertainment CUP CUP A CUP CUP Schools -Business & Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Recreation, Education, & Public Assembly Social & Service Organizations A A A Sports Assembly CUP CUP A Temporary Events A/CUP 3 CUP A/CUP 3 A/CUP 3 A/CU P 3 A/CUP 3 A/CUP 3 A/CUP 3 A A 9-6.177 Tourism, Lodging, & Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating & Drinking Places A A A A A A A A A A Hotels, Motels CUP A A A CUP Microbrewery - Brewpub A CUP A A A A A A A CUP A Recreational Vehicle Parks A 9-6.180 Tasting Room A CUP A A A A A A A CUP A Retail Trade and Sales54 Accessory Storage A A A A A A A 9-6.103 Adult Oriented Business A A A A 9-16 Artisan Foods and Products A A A A45 A A Auto Dealers (New & Used) & Supplies CUP CUP CUP CUP CUP 9.6.163 Building Materials & Hardware A A A A A A 9-6.165 Fuel Dealer A A A A A 9-6.129 General Retail A A A A A A A 89 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I General Retail greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Mobile eating and drinking vendors6 A A A A A A A A Retail Sales - Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.1746 Services-Business, Financial & Professional ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A A A A A Health Care Services A A A CUP A A A Offices A A A A A A A A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP7 CUP A CUP 9-6.110 Auto Repair and Services CUP A A CUP A A 9-6.168 Business Support Services A A A A A A A A Contract Construction Services A A A A Day Care Childcare Center A A A A CUP 9-6.125 Large Family Day Care ACUP 8 ACUP8 A CUP 9-6.125 Small Family Daycare A8 A8 A8 A8 A38 Adult Day A A A A CUP 90 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I Care Facility Kennels CUP A 9-6.111 Laundromat / Coin-Operated Laundry A A A A A CUP CUP A A Medical Extended Care Services: 6 Residents or Less A A 9-6.134 Medical Extended Care Services: 7 Residents or More A A 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing & Publishing CUP CUP A A A RCFE – Assisted Living A A A 9-6.135 RCFE – Independent living / Senior Apartments CUP CUP CUP 9-6.135 RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Residential Care: 6 Residents or Less A31 A31 9-6.135 Vehicle & Equipment Storage54 CUP CUP A A 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A A A A A A A A 9-6.130 Laundries & Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing & CUP CUP A A A A 91 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I Processing - Low Intensity Manufacturing & Processing – High Intensity54 CUP CUP AU P AUP Recycling & Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research & Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling & Distribution Center54 AUP AUP A A A A Winery - Boutique A A A A A A A Winery – Production CUP CUP A A Transportation Communication & Infrastructure Broadcast Studios A A Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AU P AUP Telecommunicati on Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle & Freight Terminals CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A Notes: (Only t These notes apply only to this tTable 3-2 below). 1 3 Residential uses allowed only on second and third floors, except sites north of Olmeda Avenue. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 92 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s ) CN CP CR CS CT CPK DC DO IP I 1 Multi-family dwellings permitted when located on the second floor or above. 2 Multi-Ffamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and 3 days for teardown require the approval of a conditional use permit (Section 9-2.110). 4 5 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 4 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile Food vending permitted if use is located outside of right-of-way and located on private property 7 When no overnight stays of animals are included. 8 Permitted when in association with conforming and legal non-conforming residences. Zoning District Abbreviations CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 93 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Refer to Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9- 4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, and residential uses, and for all development east of Atascadero Creek. As required by Sections 9- 4.114 et seq. Signs Refer to Chapter 9-15 See Section 9-15.005(b) Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum 94 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-3.500 Definitions. As used in Title 9, the following terms and phrased shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. Definitions “A” Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Adult-Oriented Business. Any business defined by Chapter 19 of Title 9 in the Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is an adult oriented business. Age Restricted Housing. Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for fifty-five (55) and older. Agricultural Accessory Uses. Uses that are customarily part of an agricultural activity including structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products, including noncommercial greenhouse that are incidental and secondary to a residential use. This does not include garages, workshops, or other similar residential accessory structures. Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under “Farm Equipment and Supplies”) which are grown on the site in residential or agriculture zones. This does not include farmers’ markets or “seasonal sales” located in nonresidential zoning districts, defined under “temporary sales.” Agriculture Employee Housing. Includes single-family dwellings, or other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, employees on land owned by the owner of the building site on which the lodging is located. Amusement Services. Establishments providing indoor amusement, or entertainment, or personal enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities including yoga, dance, martial arts and similar small studios that do not include courts or similar facilities; designed for tennis, handball, racquetball or similar indoor participation sports. and music and arts and crafts instruction. Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as “indoor recreation services”. Card rooms, billiard and pool halls as a primary use are classified as “Personal services-restricted”. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. 95 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Artisan Foods and Products. An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include “service stations,” which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations. B. Definitions “B” Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses or uses defined under microbreweries or tasting rooms. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Brewery – Production. An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on-site. Production breweries are classified as a use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on-site, and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Broadcasting Studios. Commercial and public communications uses including radio, television broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include antennas and towers, which are defined under “telecommunications facilities.” Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in “wholesaling and distribution centers.” 96 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Business Support Services. An establishment or business located entirely within a building that is open to customer visitation and with limited or no storage, which and provides services to other business including, but not limited to: • Blueprinting and reprographics, copying and quick printing services; • Computer related services repair and rental; • Private mail and mailbox service not affiliated with federal mailing agency; • Co-working spaces, incubator-type services that provide office-type working spaces for a fee. • Protective services (other than office related) and security system services; • Outdoor advertising and signage services; • Services to structures such as window cleaning, exterminators, janitorial services and other similar types. C. Definitions “C” Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as “agriculture employee housing.” Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are listed under “mortuary services.” Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under “recycling and scrap.” Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Contract Construction Services Facilities. Office uses with indoor/or outdoor facilities operated by, or on behalf of a building contractor, exterminator, janitorial service or similar for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business and can include the storage of materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses by the contractor. 97 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 D. Definitions “D” Data and Computer Services/Center. A use where the majority of the space is occupied by computers and/or related equipment and where information is processed, transferred, and/or stored (also commonly referred to as “server farms.)” Data and computer service/centers may contain data technology centers, internet service providers (ISPs), network operation centers, web hosting facilities and other similar establishments primarily engaged in providing direct access through telecommunication networks to computer-held information. Day Care. Facilities that provide nonmedical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services or successor agency. Day care uses include the following: • Child Care Center. Child day care facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, nursery schools, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. • Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to twelve (12) children, including up to two (2) children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. • Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six (6) or fewer children, including two (2) children under the age of ten (10) years who reside in the home. • Adult Day Care Facility. A day care facility providing care and supervision for adult clients. Drive-Through Sales or Services. A facility where food or other products may be purchased or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, automated teller machines (ATM), dry cleaners/laundromats, etc., but do not include service stations or other vehicle services, which are separately defined. E. Definitions “E” Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities or uses defined under adult oriented business. 98 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multi-family residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand-alone EV charging station as defined in “service stations.” F. Definitions “F” Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. This includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as “livestock specialties.” Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment including trailers. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farmers’ Market. The temporary and intermittent use of a public or private property for the outdoor sales of food and farm produce in compliance with California Food and Agriculture Code Section 1392 et seq., and artisan products or similar farmers’ markets products that include multiple sales vendors. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a service station. G. Definitions “G” General Retail. Stores and shops selling either many lines of merchandise, or specialized type of merchandise, where the retail sales are conducted within the entire footprint of primarily within a building. Examples include, but not limited to: • Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores; • Art galleries, art supplies, collectibles, hobby materials; • Bicycles, toys, games, sporting goods and equipment; • Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs; • Florists, house plant stores (indoor sales), small house wares; • Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public); • New clothing, shoes, and accessory retail stores; 99 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 • Stationary, dry goods, fabric stores and sewing supplies, and variety stores; • Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under ten thousand (10,000) square feet. Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use are included in “retail sales–restricted.” Government Offices and Facilities. Administrative, clerical, or public contact and/or service offices of recognized local, state, or federal agencies. Includes post offices, City Hall, municipal corporation yards, etc. H. Definitions “H” Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental, and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under “offices”; medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in “residential care.” Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree farms, and other products, grown under cover or outdoors. Also includes establishments engaged in the sale or on-site production of such product. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. I. Definitions “I” 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; shooting and archery ranges; recreation and community centers. Smaller fitness studios without courts are classified as “amusement services”. J. Definitions “J” K. Definitions “K” Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care. Does not include dogs and cats kept for noncommercial purposes. 100 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 L. Definitions “L” Large Scale Ag Manufacturing. The large scale processing of agriculture products subsequent to their harvest, with the intent of preparing them for market or further processing including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries in excess of one thousand (1,000) square feet in total use area. This does not include the growing, harvesting, and production of medical marijuana, or legally approved uses of marijuana by either the State of California or Federal Government. Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in “personal services.” Laundromat / Coin-Operated Laundry. Facilities providing washing and drying machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores are classified as “personal services”. Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies; chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Live/Work Units. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: • Complete kitchen space and sanitary facilities in compliance with the Building Code; • Working space reserved for and regularly used by one or more occupants of the unit; • Working space includes uses that are permitted within the zoning district. M. Definitions “M” Manufacturing, Repair, and Processing – High Intensity. A facility or establishment that accommodates manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those classified under “manufacturing and processing – low intensity,” but where impacts to surrounding neighborhoods, businesses, and the community may cause a significant impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of manufacturing and processing uses that are considered high-intensity include the following, but are not limited to: 101 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 • Machinery manufacturing that makes or process raw materials into products; • Metal fabrication and welding shops engaged in the production and/or assembly of metal, and other similar metal shops; • Manufacturing that cuts, shapes, and/or finishes building materials used in home or nonresidential construction; • Chemical product manufacturing that produces or uses basic chemicals and other establishments creating products predominantly by chemical processes; • Product manufacturing that produces bulk concrete, asphalt, and other paving materials; • Paving and roof materials manufacturing of various common paving and petroleum- based roofing materials including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar; • Plastics, other synthetics and rubber manufacturing; • Primary metal industries engaged in smelting, refining of ferrous and nonferrous metals; • Other similar heavy intensive uses. Manufacturing, Repair, and Processing – Low Intensity. A facility or business that engages in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing process and the materials used are unlikely to cause significant impacts to the existing surrounding neighborhood or businesses in a indoor setting. Examples of manufacturing and processing uses that are considered low intensity include the following, but are not limited to: • Artisan manufacturing and production where no retail component exists; • Production, assembly, and/or repair where no raw materials are manufactured; • Production and assembly of precision electronics and scientific instruments, including on-site offices; • Producing or processing of foods and beverages for human consumption where no retail component exists and does not include noxious odors or excessive noise and no slaughter occurs on-site; • Repair and service of small consumer products; • Small scale manufacturing where assembling and/or manufacturing is completed by hand or precision tools; • Small product manufacturing not classified in another major manufacturing group. Medical Extended Care Services. Residential facilities providing nursing and health- related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “residential care.” Medical Marijuana. See Section 9-6.186. 102 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Medical Research. Establishment related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical research does not include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally, medical research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). Typically uses are a part of a campus-like setting such as a business park or stand-alone building. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders/and or similar beverages to serve on-site. Sale of beverages for off-site consumption is also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on-site consumption is allowed as an ancillary use. Brewpubs and microbreweries are considered small operations consistent with ABC license type 23, 40, or 42 or State similar licensures. Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self- propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer. Mobile Home/Manufactured Home. A modular structure that is transportable in one or more sections, that is certified under the Nation Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling. Mobile Home Park. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobilehome Residency Law, for nontransient use, are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Mortuary Services. Establishments with facilities for the preparation of the dead for burial, cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Multiple-Family Dwelling. Two (2) or more dwelling units located on a single lot, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing, supportive housing and single room occupancy housing where people live as independently as possible with the assistance of 103 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. This does not include secondary units in single-family zoning districts. N. Definitions “N” O. Definitions “O” Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under “health care services.” Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. P. Definitions “P” Parking Lot. An open area, excluding a street or other public right-of-way, for the exclusive use of parking as a primary use for automobiles and available to either to the public or patrons of adjacent buildings or structures. Parking lots can either be free for use , or may charge a fee for compensation. Long-term parking and storage of inoperable vehicles is classified in “vehicle and equipment storage”. Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of recreational activities including playground equipment, open space areas for passive recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the public. Personal Cannabis Cultivation. As defined by Chapter 9-17. Personal Services. Service establishments primarily engaged in providing nonmedical services as a primary use and may include accessory retail sales of products related to the services provided. These uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy where each massage therapist is certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses. Personal Services—Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; smoking, tobacco and vaping products as a primary use; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and 104 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 pool halls as a primary use; tattoo and body piercing services; pawn shops, to which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done; and hot tubs and saunas that are not an accessory to a permitted use. Printing and Publishing. An establishment engaged in printing letter press, lithography gravure, screen offset or electrostatic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition “business support services.” Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Q. Definitions “Q” R. Definitions “R” Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under “rural sports and group facilities.” Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Research and Development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides nonmedical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual. Use includes the following: children’s homes; halfway houses; rehabilitation centers; self-help group homes. 105 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents or the residents’ guardians, conservators or other responsible person(s) where the following occurs: where seventy-five percent (75%) of the residents are at least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following: • Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include medical extended care services. • Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. • Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Resource Extraction. Uses primarily engaged in resource extraction, including, but not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: selling smoking, tobacco and vaping products as a primary use; and pawn shops, to which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. S. Definitions “S” Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, elementary and secondary schools serving grades K through 12 106 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under “churches and related facilities.” Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance. Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE). Small Scale Ag Processing. The small scale processing of agriculture products grown or produced on-site, bottling, canning, or storage of agriculture products grown and processed on- site, where the processing or storage shall not exceed one thousand (1,000) square feet (sf) in total use areas. This does not include tasting rooms. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under “schools.” Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. 107 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials. T. Definitions “T” Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site with off- site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large scale brewing, winery, or distillery facility as an ancillary. Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular data network, and wireless communication towers (cellular phones), including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections. Does not include data processing centers. Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Does not include farmers’ markets or agricultural roadside stands. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes. Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. 108 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 U. Definitions “U” Utility Facilities. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not exempted from land use permit requirements by California Government Code Section 53091 or successor code. Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under “offices” or distribution substations (“utility facilities”). V. Definitions “V” Vehicle and Equipment Storage. Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long- term public and commercial garages, parking lots and structures. Does not include wrecking yards, which are (classified in “recycling and scrap”). Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. W. Definitions “W” Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage”. Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.. Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments. Winery – Boutique. Winery or distillery production for no more than three thousand (3,000) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which is defined as small scale agriculture. Winery – Production. Winery or distillery production of more than three thousand one (3,001) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce 3,001 cases of beverages or less, but do not meet the requirements for “winery – boutique,” “winery – production,” or “brewery – production.” 109 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 X. Definitions “X” Y. Definitions “Y” Z. Definitions “Z” 9-4.106 Front setbacks. The front setback is measured at right angles from the nearest point on the front property line to the building line. All structures are to be set back a minimum of twenty-five (25) feet from the nearest point on the front property line, except where this section establishes other requirements. Front setback landscaping and fencing standards are in Sections 9-4.125(a) and 9- 4.128 of this chapter, respectively. (a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum front setback of twenty-five (25) feet, except as follows: (1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet for any lot less than ninety (90) feet deep. (2) Flag Lots and Lots without Street Frontage. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be a minimum of 10 feet. The front setback within the accessway shall be as in subsection (a) of this section. (3) Sloping Lot Adjustment. In any case wWhere the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, subject to the approval of an administrative use permit pursuant to (Section 9-1.112 of this title), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. (4) Variable Setback Block. Where a residential block is partially developed with single- family dwellings having less than the required front setbacks and no uniform front setback is established, the front setback may be adjusted by approval of an administrative use permit (Section 9-1.112 of this title) at the option of the applicant, as follows: (i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five percent (25%) of the lots on the block with the same frontage are developed and the entire block is within a single zone. (ii) Allowed Adjustment. The normally required minimum front setback is to be reduced to the average of the front setbacks of the existing dwellings, which include attached garages but not detached garages, to a minimum of ten (10) feet. (5) The Design Review Committee (DRC) may grant an exemption to the front setback requirement based on neighborhood compatibility for structures that meet the following criteria: (i) Structures are no greater than ten (10) feet in height; (ii) Structures do not exceed front yard coverage of more than fifty percent (50%); (iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City Engineer. 110 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (b) RMF Zone and Residential Uses in Commercial and Industrial Zones. All residential units shall have a minimum setback of fifteen (15) feet. All garages shall have a minimum front setback of twenty (20) feet. (c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (1) Adjacent to Residential Zone. Where a commercial or industrial zone has a front setback, including a double frontage setback, on a street where more than fifty percent (50%) of the lots in the same block are zoned for residential use, the front setback shall be twenty-five (25) feet, except that a one-story building or parking may encroach into one-half (1/2) the required front setback depth. (d) L, LS and P Zone. A minimum ten (10) foot front setback is required, provided that residential uses are subject to the setback requirements of subsection (a) of this section. (e) Flag Lots. Any accessway adjacent to a public street shall be subject to the front setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be subject to the side setback requirements of Section 9-4.107 of this chapter. (f) Double Frontage Lots. (1) Selecting the Setback Location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may select the front setback street unless fifty percent (50%) of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority. (2) Double Frontage Setback Requirements. A full-front setback is to be provided adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent to the other frontage. (g)(f) Establishment of Front Setback on Zoning Map. The Planning Commission may establish greater front setbacks than those required in this section by delineating the setback on the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in establishing such setbacks. 9-4.113 Height limitations. The maximum height for new structures is as follows: (a) Limitation by Zone. Zone Maximum Height A, RS, RSF, LSF 30 feet CN, CP, CR, CS, CT 35 feet CPK, IP, I 45 feet 111 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Zone Maximum Height LS, L, P 35 feet RMF 30 feet (not to exceed two stories) (b) Exceptions to Height Limitations. (1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. (2) Height Adjustment. The height limitations specified by subsection (a) of this section may be adjusted by approval of an administrative use permit (Section 9-1.112) for a single- family residential building to allow additional height, to a maximum of forty (40) feet, provided that the required side, and rear and interior setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. 9-4.115 Off-street parking required. (e) Shared On-Site Parking Adjustment. Where two (2) or more nonresidential uses are on a single site, the number of parking spaces may be reduced through adjustment administrative use permit approval (Section 9-1.112) at a rate of five percent (5%) for each separate use, up to a maximum of twenty percent (20%); as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. (f) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by subsection (e) of this section, where two (2) or more uses have distinct and differing peak traffic usage periods (for example, a theater and a bank), the required number of parking spaces may be reduced through conditional use permit approval, provided that the parking lots of each use are located within three hundred (300) feet of each other (as measured along the most direct pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the amount of spaces required for the most intensive of the two (2) or more uses sharing the parking. (g) On-Street Parking Adjustment. Where a proposed driveway from a street to a new parking area would eliminate on-street parking spaces equal to or greater in number than the off- street spaces required, the requirement for off-street spaces may be eliminated through adjustment administrative use permit approval (Section 9-1.112 of this title) where the access or proposed building cannot reasonably be redesigned to avoid a net loss of parking. 4.118 Required number of parking spaces. All land uses requiring approval under this title shall provide off-street parking spaces as specified in subsections (b) and (c) of this section: (a) Use of Charts. The charts in subsection (c) of this section determine the number of parking spaces required for each use of land, as follows: 112 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires conditional use permit approval, in which case the amount of parking and loading space required shall be as determined by the Planning Commission. (2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9- 4.121. (3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping center), the amount of parking required shall be the total of that required for each individual use, except as otherwise provided by Section 9-4.115. (4) Mixed Function Buildings. Where a building occupied by a single use contains several functions, such as sales, office and storage areas, parking shall be as required for the principal use for the gross floor area (total area of all internal functions); except that when storage areas are larger than two thousand (2000) square feet, the parking requirement is to be determined separately for those areas, as specified for warehousing. (5) Terms Used in Charts. (i) Active Use Area. All developed areas of a site and buildings except storage, parking and landscaping. (ii) Floor Area. Gross floor area within build- ings. (iii) Office Space. Any private interior offices or each one hundred fifty (150) square feet of open work area. (iv) Site Area. Gross site area. (iv) Use Area. All developed areas of a site and buildings, except parking and landscaping. (vi) Number of Spaces. Where Section 9-4.118 (c) sets parking requirements based on building area (square footage), site or use area, the number of spaces is to be as set forth for each footage increment specified or fraction thereof. (3) Cultural., Educational, and Recreation Uses: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Active Recreation Facilities: Amusement parks/fairgrounds 1 per 75 s.f. of use area Medium Medium Arcades (games) and 1 per 100 s.f. of Medium N.A. 113 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 billiards floor area Bowling alleys 4 per lane Medium Low Dance Clubs 1 per 25 s.f. of dance floor Medium N.A. Dance studios 1 per 200 s.f. of floor area Low N.A. Golf studios 5 per hole plus any required for clubhouse uses Low N.A. Golf driving ranges (separate from golf courses) 2 per tee Low N.A. Miniature golf 2 per hole Medium N.A. Skateboard parks 1 per 500 s.f. of use area Medium N.A. Skating rinks 1 per 400 s.f. of use area Medium N.A. Swimming pools (public or member) 1 per 100 s.f. of pool area, and 1 per 300 s.f. of deck area Medium N.A. Tennis courts, racquetball 2 per court Medium N.A. Libraries 1 per 500 s.f. Medium N.A. Public Assembly: Exhibit facilities (including museums) 1 per 150 s.f. of exhibit floor High Low Seated spectator facilities (including a church, theater, other auditoriums and meeting halls, sports assembly) 1 per 4 fixed seats, or 1 per 40 s.f. of spectator area if seats not fixed High Low Schools: Preschools, day care See As required by Section 9-6.1235. Elementary and high school See As required by Section 9-6.1235. 114 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Business and vocational See As required by Section 9-6.1235. College and University As determined by Planning Commission (8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for each use or separate tenancy, except where more spaces are required as follows: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Auto repair and service 4 per service bay, 1 per 1,000 s.f. of outdoor active use area Medium Low Equipment rental 1 per 500 s.f. of floor area, 1 per 2,000 s.f. of outdoor use area Medium Low Copying and reproduction 1 per 400 s.f. of floor area Medium Low Contract construction services 1 per 500 s.f. of floor area Low Low Correctional institutions As determined by Planning Commission Financial services service desk 5 per teller window, 3 per High Low Health care 1 space per 200 s.f. of floor area, but not less than 2 spaces per office space and examination room High Low Hospitals 1 per bed, 1 per office space High Low Laundries and Dry Cleaning Plants: 1 per 1,000 s.f. of floor area, plus 2 per office space Low High 115 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Pick-up 2 per check stand High Low Offices: Accounting, advertising, agencies, architecture, government, insurance law offices, real estate 1 per 400 s.f. but not less than 2 per office space Medium N.A. Other offices 1 per 500 s.f. of floor area Low N.A. Photography studios, commercial art studios 1 per 400 s.f. of floor area Low N.A. Post offices 5 per service window, 1 per 500 s.f. of floor area other than customer area High High Personal Services: Barbershops 2 per chair Medium N.A. Beauty shops 3 per chair Medium N.A. Dry Cleaners 1 per 500 s.f. of floor area Medium Low Funeral and crematory services 1 per 4 seats in each assembly room, 2 per office or 1 per 40 s.f. of floor area in assembly rooms, whichever is greater Medium Medium Health spas 1 per 300 s.f. of floor area Medium N.A. Laundromats 1 per 2 washers High N.A. Other personal services 1 per 500 s.f. of floor area Medium N.A. Public safety As determined by 116 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 facilities Planning Commission Repair service (consumer) 1 per 400 s.f. of floor area Low Low Waste disposal site As determined by Planning Commission 9-4.119 Parking lot construction standards. (e) Slope. The finished grade of a parking lot is not to exceed five percent (5%) slope, unless approved by adjustment an administrative use permit (Section 9-1.112 of this title). 9-4.120 Off-site parking. (a) Where it is not feasible to provide sufficient on-site parking, an adjustment administrative use permit (Section 9-1.112) may be granted to allow the required parking to be located off-site, provided that: 9-4.127 Landscaping plans. (b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn, at an appropriate scale, that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscaping plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscaping is required. Landscaping plans shall show: (1) The location of all trees existing in or within fifty (50) feet of areas proposed for grading or other construction that are eight (8) inches or larger in diameter at four (4) feet above natural grade. Trees proposed to be removed are to be identified (see refer to Section 9-4.155 of this chapter 9-11.105 for tree removal standards); 9-4.128 Fencing and screening. (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (see refer to Section 9-1.112 of this title), so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. 117 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-6.105 Home occupations. (c) Employees. No person other than members of the household residing on the premises may be employed and working on the site, except that employees, including independent contractors, partners, and similar employee-type relationships, may be permitted through administrative use permit approval by adjustment (refer to Section 9-1.112) as follows: (1) The number of employees shall be unlimited, if the following criteria can be complied with: (i) The employees do not work at or report to the site of the home occupation during, or immediately before or after, the normal operating hours of the business. (ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of the increased number of employees. (2) A maximum of two employees, if the following criteria can be complied with: (i) No additional client vehicles are generated to the premises as a result of the increased number of employees. (ii) The function of the employees in working on the site is to provide direct service to the employee rather than to the clients of the business. (iii) It is necessary for the operation of the business to have the employees working at the site of the home occupation. (iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with subsection (a) of this section. (v) The allowance of employees will not have any adverse effect on the surrounding residential area. (d) Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided that such home occupation complies with the standards of Section 9-4.163Chapter 9-14. (e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this section, allowable home occupations consist of: (1) Office-type personal or business services (including personal instruction such as music lessons or contracting services not involving on-site storage of materials or equipment) that do not involve the presence of more than one client vehicle at any one time; (2) Handcraft or artwork production, including but not limited to pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography, except when such use involves on-site use of equipment requiring more than standard household electrical current at 110 or 220 volts or that produces noise (see refer to Section 9-4.163Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings. (3) The personal sale of cosmetics, personal or household products (except appliances), or other goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved location. 118 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except: (1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed not more than twice per year, for a maximum of two days per sale; and (2) Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors. (g) Signing. One identification sign with a maximum area of two square feet may be erected pursuant to Section 9-4.132(b)(15)Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs. 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9- 6.112109. (a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line (additional setbacks may be required by the adopted building code), and provided that they are fenced as required by Section 9-64.128. 9-6.108 Agricultural uses: Specialized. Specialized agricultural uses other than crop production are subject to the provisions of the following sections: 9-6.109 Agricultural accessory buildings. 9-6.110 Animal hospitals and kennels. 9-6.111 Kennels. 9-6.112 Domestic Farm animal raising. 9-6.113 Interim agricultural uses. 9-6.115 Livestock specialties. 9-6.116 Nursery Horticultural specialties. 9-6.117 Roadside Agricultural produce stands. 9-6.110 Animal hospitals. Animal husbandry facilities, including animal and veterinary hospitals, are subject to the following standards: (a) Building Setbacks. Any building used to treat or board animals shall comply with the following additional setbacks. Any other buildings shall comply with the setbacks established for the particular zoning district in which the use is located. 119 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (1) A and RS Zone. Setbacks shall be the same as for agricultural accessory buildings (Section 9-6.109) provided that the front setback may be reduced to twenty-five (25) feet and the rear setback may be reduced to ten (10) feet, if there are no door or window openings along the common property line with the adjacent residential use. (2) CR and CS Commercial Zones. None. 9-6.112 Farm animal raising. The raising or keeping of animals incidental to a residential use is allowed subject to the standards of this section, provided that these standards do not apply to domesticated household pets such as cats and dogs. (a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising shall be as specified in this subsection, unless a smaller site area is allowed as set forth in subsection (h) of this section. Adjacent parcels may be used to achieve the minimum site area by adjustment administrative use permit approval (Section 9-1.112) provided that there is a written agreement with the owner of the adjacent parcel(s); that said adjacent property is accessible for use by the animals for corrals, pens, pasturing or similar activity; that said adjacent property is not necessary to comply with minimum site area or animal density requirements for animals on its own site; and that any such adjustment shall only be valid for the duration of the agreement. (1) Large Animals. (i) Horses, burros, donkeys, and similar equines: One acre. (ii) Cows, steer, and similar bovines: One acre. (iii) Pigs and swine: One acre. (2) Small Animals. (i) Goats, sheep and similar ovines: One-half acre. (ii) Poultry (and similar ground birds): None. (iii) Rabbits (and other noncarnivorous animals of similar size): None. (iv) Turkeys: One-half acre. (v) Birds (including pigeons and other caged birds): None. (b) Setbacks. All buildings used to house farm animals including livestock and poultry buildings, barns, stables, lofts, coops, and similar accessory structures are subject to the setback requirements of Section 9-6.109. All other animal enclosures including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the setback requirements of this subsection. The occasional grazing of domestic animals in these setbacks is allowed provided that the pasture area is adequately fenced or that the grazing animal is securely restrained. Setbacks shall be measured from the nearest building used for residential purposes on adjacent property. Animals may be maintained at lesser setbacks when they were established prior to the residence on the adjacent property provided that the animals are continuously in compliance with subsection (c) of this section. If the animals are not so maintained, they may be required to comply with these setbacks. 120 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (1) Large Animals. (i) Equines: Fifty (50) feet. (ii) Bovines: Fifty (50) feet. (iii) Swine: One hundred (100) feet. (2) Small Animals. (i) Ovines: Fifty (50) feet. (ii) Poultry: Twenty-five (25) feet. (iii) Rabbits: Twenty-five (25) feet. (iv) Turkeys: Fifty (50) feet. (v) Birds: None. (c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the Planning Department shall initiate enforcement proceedings as provided by Chapter 9-8. (d) Special Requirements. The keeping of specific domestic animals is subject to the special standards in this subsection in addition to other standards set forth in this section. (1) Equines. None. (2) Bovines. None. (3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and one boar. A greater number of swine constitute a hog ranch which is not permitted in any zoning district. (4) Ovine. None. (5) Poultry. All poultry shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of poultry allowed on any parcel is forty (40) (two animal equivalency units). A greater number of poultry constitute a chicken ranch and shall be subject to Section 9-6.115 if allowed by a particular zoning district. (6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of rabbits allowed on any parcel is forty (40) (two animal equivalency units). A greater number of rabbits constitute a rabbit farm and shall be subject to Section 9-6.115 if allowed by a particular zoning district. (7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of turkeys allowed on any parcel is eight (8) (four animal equivalency units). A greater number of turkeys constitute a turkey ranch and shall be subject to Section 9-6.115 if allowed by a particular zoning district. (8) Birds. None. (e) Establishment of Animal Equivalency Units. Animal equivalency units are established in this subsection in order to define relationships among domestic animals of various sizes for use in determining allowable animal density. 121 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 (1) Large Animals. (i) Equines: Each equine equals one animal equivalency unit. (ii) Bovines: Each bovine equals one animal equivalency unit. (iii) Swine: Each swine equals one animal equivalency unit. (2) Small Animals. (i) Ovine: Two (2) ovine equal one animal equivalency unit. (ii) Twenty (20) poultry equal one animal equivalency unit. (iii) Rabbits: Twenty (20) rabbits equal one animal equivalency unit. (iv) Turkeys: Two (2) turkeys equal one animal equivalency unit. (v) Birds: Not applicable. (f) Allowable Animal Density. The maximum allowable animal density for a site is established by this subsection, unless a larger number is allowed as set forth in subsection (h) of this section. (1) A Zone. No density limitations. (2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two (2) acres, no more than one large animal shall be allowed for each full half acre. (3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one large animal shall be allowed for each full half acre. (g) Method of Calculating Animal Density. The method of calculating animal density is established by this subsection. The lot size (in gross acres) is multiplied b y the allowable animal density (in animal equivalency units per acre) for the particular zoning district. The product is the maximum number of animal equivalency units allowed on the site. As an example, a 1.4 1.9 acre parcel in the RS Zone would allow 5.6 5.7 animal equivalency units which can be rounded off to six (6) as provided by Section 9-1.109(b)(4). This would allow two (2) equivalency units for large animals and four (4) equivalency units for small animals. (1) Birds. Birds shall not be restricted as to density and shall not affect the allowable animal density on a parcel. (2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for (Section 9-1.109), there will be no fractional equivalency units. Small animal equivalency units may not be divided between the various small animal subcategories. For example, ten (10) rabbits does not equal 0.5 animal equivalency units and ten (10) rabbits and ten (10) poultry do not add together as one animal equivalency unit. (3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the allowable animal density on a parcel. (h) Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted through administrative use permit approval (see refer to Section 9-1.112) subject to compliance with the criteria set forth in this section, except that these standards may also be modified through conditional use permit approval (see refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modified by adjustment administrative use permit or conditional use permit. 122 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-6.117 Roadside stands Agricultural produce stands. These standards apply to the retail sale of agricultural products except hay, grain and feed, in open structures constructed for agricultural product merchandising. Temporary or seasonal sales are also subject to Section 9-6.174. (a) Limitation on Use. (1) RS Residential Zones. Where stands are permitted, Aall products sold must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the city owned or leased by the owner of the site on which the stand is located. Permanent roadside stands are not allowed. 9-6.140 Storage yards. Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or vehicles being dismantled, is subject to Section 9-6.131, in addition to this section. (a) Site Design Standards. (1) Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door. (2) Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished. This requirement may be waived through adjustment administrative use permit approval (Section 9-1.112), when: 9-9.102 General definitions. . . . Lot, flag. A lot which lies substantially behind another lot and is served by an accessway or access easement (refer to Figure 9-F). FIGURE 9-F: FLAG LOT . . . 123 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Setback. An open area on a lot between a building and a property line unoccupied and unobstructed from the ground upward, except as otherwise provided in Section 9-4.103 (see refer to Figure 9-FG). FIGURE 9-FG: SETBACKS AND BUILDABLE AREA Setback, front. An open area without structures, extending across the front of a lot between the side property lines. The front of a lot is the most narrow dimension of the lot parallel to a street and adjacent to that street, except as provided for flag lots with both fee title and easement access strips where applicant may determine that portion of the flag site to constitute the front yard. . . . Zero lot line development. A residential project where dwelling units on individual lots of record are located so they all abut one side property line, without a setback (see refer to Figure 9-GH). FIGURE 9-GH: ZERO LOT LINE DEVELOPMENT 124 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-15.007 Allowed Signs By Zone (a). Permitted Signs by Zones. The following are the signs types that are permitted by zone as shown in Table 15.1. Table 15.1 – Allowed Sign Types Based On Zone Sign Type P Permitted Sign** AUP Administrative Use Permit Required**  (blank) Not Permitted **building permit requirements per section 9-15.005 and 9-15.007** Total Aggregate sSign Area (square feet) and (may be divided by using one (1) or more sign Ttypes) Based on Sign Type Based on Sign Type 150 sf 50 sf 100 sf Ag Zone Residential Zones Non-Residential Zones (CS, CN, CR, CPK, CT, IP, I) Downtown Zones (DC, DO) Public Zones (P, OS, L, LS) 1. A-Frame P P P P 2. Art & Wall Murals AUP AUP AUP AUP AUP 3. Awning P P P P 4. Banner P P P 5. Building Name P P P P P 6. Changeable Copy AUP AUP AUP AUP AUP 7. Freeway Oriented Facing1 AUP 8. Home Occupation P P 9. Information Kiosks AUP AUP AUP AUP AUP 10. Private Light Pole P P P P 11. Ground Monument Sign P P P P 12. Multi-Tenant Freestanding P P 13. Projecting P P P 14. Projected Image P P P P 15. Off-Site Subdivision AUP AUP AUP 16. Neighborhood Identification P P 17. Single Tenant Freestanding Sign P P P P 18. Suspended P P P P 19. Temporary For-Sale P P P P P 20. Temporary Non- Commercial P P P P P 21. Tenant Directional P P P P P 22. Wall P P P P P 23. Window Lettering P P P P Notes: 1 Freeway signs are regulated by section 9-15.009 125 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 9-15.008 Types of Signs & Standards (a) Allowed Signs and Standards. The following signs are permitted within the City of Atascadero as shown in Table 15.2. Additional standards may be applicable as contained in this chapter. Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 1. A-Frame None All Zoning Districts except Residential 10 sf 1 per street frontage 5 ft. (a) Must be located outside of Right-of- way on business property, except as allowed by encroachment permit in the East Mall and West Mall parkway area. (b) Minimum height is 3-feet. 2. Art and Murals Yes All Zoning Districts N/A N/A N/A (a) AUP required prior to installation for review limited to size, placement, and duration. 3. Awning Yes All Zoning Districts except Residential 50% of awning face 1 per Business Based on building height (a) Minimum vertical clearance from the ground of eight (8) feet. (b) May project a maximum of five (5) feet into the public right-of-way with approved encroachment permit (c) Shall be securely attached to the buildings and well maintained. (d) No supports or poles may be located in the public right-of-way. (e) Shall complement the building they are attached to. 4. Banner No All Zoning Districts except Ag & Residential 40 sf 1 per Public street frontage N/A (a) May be in place for a maximum of thirty (30) days. (b) All banners must be down a minimum of sixty (60) days before any new banner may go up (c) Banners must be secured flat against a building or secure structure placed in the ground. (d) Nonprofit events shall be exempt from size and number of banners (e.g., farmers market). 5. Building Name Identification Yes All Zoning Districts except Ag & Residential 20 sf 1 per building Based on building height (a) Signage used to identify the building not the tenant(s). 6. Changeable Copy Yes All Zoning Districts l Based on AUP 1 per business 12 ft. (a) AUP required. (b) Size of changeable copy to be determined by the AUP. (c) Design of changeable copy sign shall be determined by AUP. (d) Sign is non-digital. 7. Freeway Oriented Yes * * * *Refer to section 9-15.010 8. Home Occupation No All Ag & Residential 2 sf 1 per residential 4 ft (a) Requires issuance of a valid business license prior to placement. 126 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements Zones Zoning Districts unit (b) Signage is permitted as a part of a residential occupancy in a mixed-use development. 9. Information Kiosks Yes All Zoning Districts Based on AUP Based on AUP Based on AUP (a) For the permanent and / or temporary display of information. (b) Limited to civic activities, advertising for local events. (c) AUP required. 10. Private Light Pole3 Yes Non- Residential Zones / Public Zones All Zoning Districts except Residential 6 sf for each pole 25% of the total number of light poles; Based on Light Pole Height (a) A permanent light pole within a parking lot or property may be utilized for temporary banner or signage that does not count towards total aggregate sign area. (b) Eight (8) feet minimum vertical clearance or as required by the California Building Code, whichever is greater. (c) Light Pole located on private property. (d) A maximum of two (2) signs per pole. (e) Signage on poles shall be placed within decorative frames or brackets. 11. Ground Monument Sign Yes All Zoning Districts Eexcept Residential 60 sf CN, CP, CR, CS, CT, CPK, IP, I 1 per 200 lineal foot 6 ft. (a) Minimum base height shall be one (1) foot. (b) Maximum base height shall be four (4 feet) (c) Base does not count towards sign face area. (d) Base shall have decorative hardscaping and shall be consistent with the architecture of the building(s) it serves. (e) Bases shall be located in a landscape planter. (f) Cabinet type signs shall be prohibited. (g) Monument signs in DO/DC require a building to be setback a min. of 10-feet from back of walk. (h) Bases shall be located in a landscape planter and setback three (3) feet from the back of sidewalk in the DO/DC zone. 50 sf L,LS,P,OS 40 sf DC, DO, AG 12. Multi-Tenant Freestanding Yes Non- Residential Zoning Districts Zones 50 sf + additional 10 sf per tenant Max. 100 sf 1 per property 12 ft (a) Two (2) or more tenants required. (b) Minimum base height shall be four (4) feet. (c) Base does not count towards sign face. (d) Base Articulation. Base shall be consistent with architecture of multi- tenant building. (e) Bases shall be located in a landscape 127 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements planter and setback five (5) feet from the back of sidewalk. (f) Cabinet monument type shall be prohibited. (g) A singular pole is prohibited. 13. Projecting Yes All Zoning Districts except Ag & Residential 15 sf 1 per business N/A (a) Minimum ground clearance must be eight (8) feet, or as regulated by the California Building Code. (b) May encroach up to five (5) feet within the public right-of-way with issuance of an encroachment permit. 14. Projected Image No* *Electrical permit may be required. All Zoning Districts except Ag l N/A 1 per business / residence N/A (a) Laser lights or projected image signs used to project an image, logo, or other graphic in a building, structure, sidewalk or other surface. (b) Project image signs may be in place a maximum of thirty (30) calendar days and not be utilized for a minimum of sixty (60) days thereafter. (c) Installation of new electrical components shall be consistent with the California Building Code or successor code. (d) Flashing , distracting lights shall not be utilized. 15. Off-Site Subdivision Yes Ag, & Residential Zones and Non- Residential Zones Zoning Districts 40 sf 3 per subdivision 10 ft. (a) Subdivision tracts of five (5) or more lots may be permitted to install off-site directional advertising signage. (b) Subject to the approval of an AUP. (c) Subdivision shall be located within the City of Atascadero. (d) No flags, banners or other decorations shall be affixed to the sign. (e) The signs shall not be illuminated. (f) All signs shall be located on private property with written permission from the property owner provided to the City. (g) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. (h) The applicant may apply annually for a one (1) year time extension for active construction projects. 16. Neighborhood Identification Yes Residential Zones Zoning Districts 36 sf 1 per arterial / collector street frontage 6 ft (a) Residential Single Family / Multi- Family Developments of five (5) units or more. (b) Minimum base height shall be one (1) foot. (c) Maximum base height shall be three 128 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements (3 feet) (d) Base does not count towards sign face area. (e) Base shall have decorative hardscaping and shall be consistent with the architecture of the building(s) it serves. (f) Bases shall be located in a landscape planter on private property, (g) Cabinet type signs shall be prohibited. (h) Signs shall front on either an designated arterial or collector road. 17. Single Tenant Freestanding Yes All Zoning Districts except Residential 60 sf 1 per property 6 ft (a) Sign face shall be elevated, a minimum of one (1) foot off the ground. (b) Bases shall be located in a landscape planter and setback a minimum of two (2) feet from the back of sidewalk. (c) Cabinet monument type shall be prohibited. (d) A singular pole is prohibited. (e) Freestanding Ssigns in DO/DC require a building to be setback a min. of ten (10-) feet from the back of sidewalk. 18. Suspended Yes All Zoning Districts except Ag & Residential 15 sf 1 per public street frontage N/A (a) Minimum ground clearance of eight (8) feet or as regulated by the California Building Code or successor code. 19. Temporary For- Sale No All Zoning Districts 6 sf all other lots 1 sign per street frontage; 1 sign per highway frontage 6 ft. (a) Signs must be removed fourteen (14) days after close of sale. 32 sf for lots fronting a highway 20. Temporary Non- Commercial No All Zoning Districts 6 sf for yard sign 1 per property 5 ft (a) A maximum of nine (9) months. (b) Must be removed a minimum of ninety (90) days before any new non-commercial signage may be placed. (c) Prohibited in the public right-of- way. 32 sf freestanding 21. Tenant Directional No All Zoning Districts N/A N/A 5 ft. (a) Does not count against total aggregate sign area. (b) Design shall be consistent with the architectural style and features of the building façade. 129 of 137 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/28/17 1 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 22. Wall Yes All Zoning Districts except Residential 40 sf in P, L, LS zones 1 per building face with a public street frontage or parking lot Based on building height (a) May not exceed one (1) square foot per lineal foot of building frontage. (b) For tenants greater than 10,000 square feet in size, an additional one hundred and fifty percent (150%) more sign area may be permitted. (c) Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. (d) Painted signs do not require building permits but required planning review. Based on building frontage for all other non- residential zones 23. Window Lettering / Perforated Window Film / Window Graphics No All Zoning Districts except Ag & Residential Not to exceed 1/2 of window area in all other zones * * *See Refer to section 9-15.004(f) Not to exceed 1/3 of window area in DC/DO Zone Notes: 1.Maximum Sign Area measured in square feet (sf). 2.Maximum Height measured in feet (ft) and from finished grade for all sign types. 3.Additional Light Pole signage regulations contained in subsection 9-15.007(b)(2). (b) Special Sign Types and Criteria. The following are additional signage types defined by the City and criteria required for their uses. (1) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet of signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (2) Light Pole Signage. The following shall be prohibited to be placed on light poles: (a) Posting of signage or messages above the height of the light pole structure; (b) Digital display message signs; (c) Internally illuminated signage; (d) Changeable copy signage; (e) Faded, torn, or otherwise damaged signage. 130 of 137 ITEM NUMBER: C-1 DATE: 11/28/17 Atascadero City Council Staff Report – Community Development Department Housing and Community Development Parks Related Grant and Associated Parks Projects Funding RECOMMENDATIONS: Council: 1. Authorize the Director of Administrative Services to appropriate $505,000 of Parkland Facilities Fees Funds for the Joy Playground Project. 2. Authorize the allocation of $355,706 in Housing Related Parks (HRP) Grant funds toward Atascadero Lake Park Rehabilitation Projects. 3. Adopt Draft Resolution amending and restating Resolution No. 2017-002, authorizing the City Manager to apply for and submit an application to secure HRP Program Grant funds from the Department, to have all applicable and necessary authorizations contained within these two resolutions, without rescinding said adoption. 4. Authorizing the City Manager to accept a $355,706 Housing Related Parks (HRP) Grant awarded to the City by the California Department of Housing and Community Development. DISCUSSION: Summary: In February of 2017, the Council adopted Resolution No. 2017-002, authorizing the City Manager to apply for and submit an application to secure HRP Program Grant funds from the California Department of Housing and Community Development (HCD). The City applied for a $742,750 grant through the Housing Related Parks program, administered by HCD. If awarded, Council identified $505,000 of the grant to go towards the Joy Playground and the remaining grant funds of $237,750 to be allocated to rehabilitation of park amenities at the Lake Park. The City has received word that it has been awarded $355,706 in grant funds. In October 2017, HCD notifed the City that the previously adopted Resolution No. 2017- 002 required additional language authorizing the City Manager to execute the application package and HRP grant documents. In order to execute the grant contract, 131 of 137 ITEM NUMBER: C-1 DATE: 11/28/17 the Council will need to amend and restate previously adopted Resolution No. 2017- 002, to have all applicable and necessary authorizations contained within both resolutions, without rescinding said adoption. Staff is recommending that the entire grant be allocated to Atascadero Lake Park Rehabilitation Projects and that $505,000 of Parkland Facilities Fees Funds be allocated to the Joy Playground Project. This would give Parents for Joy the amount originally requested and provide adequate funding to complete several needed rehabilitation projects at the Lake Park. Grant: The City has and continues to be a leader in affordable housing production within the County. Because of the City’s affordable housing activity, it was eligible for incentive based grant program funding through the Housing Related Parks program, administered by the California Department of Housing and Community Development (HCD). HCD created a grant program that provides municipalities with incentives for providing affordable housing for lower income families. The grant program is an innovative program designed to reward local municipalities that approve housing for lower income households and are in substantial compliance with the State of California’s Housing Element law. The primary purpose of these grant funds is to create or rehabilitate parks and/or recreational facilities. 2017 was the final year that HCD accepted applications for this grant. Grant amounts are based on the number of bedrooms created in newly constructed rental and ownership units restricted for very lo w and low income housing from 2010 through 2016. A total of 424 low and very low affordable housing unit bedrooms were produced in the City between 2010 and 2016, and the City met its current Regional Housing Need Allocation cycle for above moderate, and moderate income units. HCD awarded additional grant money for identified park projects which met the following criteria:  Park projects located within park deficient communities  Park projects supporting an infill project Based on the bonus criteria, Colony Park and Atascadero Lake Park meet the criteria for park projects that are located in neighborhoods that the State of California considers deficient (less than 3 acres per 1,000 residents within 1/2 mile). Proposed improvements to these two facilities were submitted as a part of the City’s package for grant funding in February 2017. This grant, while non-competitive, had 95 municipalities throughout the State seek ing awards for new park acquisition, construction, and rehabilitation. The City of Atascadero was notified in July 2017 that it was awarded $355,768 in grant funding based on the 70 affordable housing units that had been produced in the City, with the remaining 131 housing units receiving a “pro-rata” share, to ensure some funding for all municipalities. While this was only 47% of the expected funding, receiving additional funding for parks is a positive as it will help meet the existing and future recreational needs of Atascadero’s residents. 132 of 137 ITEM NUMBER: C-1 DATE: 11/28/17 The following is a tentative timeline for use of grant funds: Item Timeframe City Notified of Grant Award July 2017 City submit Standard Agreement to State November – December 2017 Project Construction Commencement January 2018 Final Fund Disbursement Request April 30, 2019 Final Expenditure of Funds June 30, 2019 Final Reports due to HCD Within 60 days of end of project Staff is requesting the Council authorize the City Manager to receive $355,706 in grant funds, through the Housing Related Parks program, administered by the California Department of Housing and Community Development (HCD). Projects: For consistency with established Council goals from the 2015 -2017 Action Plan, Staff originally identified the following projects, to which the City would over-see construction, as well as, administer the grant with associated funding:  Colony Park – Allocation of $505,000, to be utilized for the design, procurement of playground equipment and construction of an all-inclusive playground, or "Joy Playground" to be utilized by all children, including those with special needs and will have features accessible to people of all degrees of mobility and agility that promotes safety and inclusiveness.  Atascadero Lake Park – Allocation of $237,750, for park upgrades for accessibility improvements, upgrade of outdoor picnic / BBQ areas, outdoor light, and modernization of playground equ ipment and other site improvements around the park. In order to complete the Joy Playground within the next two years, the $505,000 originally requested in the grant is needed from the City to augment the funds raised by Parents for Joy. Representatives from the Parents for Joy group indicate that they can complete a portion of the playground with existing pledges, funds on hand, and a $505,000 commitment from the City towards the project. Parents for Joy hopes to raise an additional $100,000 - $200,000 between now and construction in order to complete the entire project. Generally, Parkland Facilities Fees Funds may not be used to rehabilitate existing park infrastructure but may be used to expand parks or add additional features and amenities to existing parks. The Joy Playground will be a new playground amenity at Colony Park, and the Project is eligible to use Parkland Facilities Fees Funds. By using Parkland Facilities Fees Funds, Parents for Joy will have enough funds to complete the playground and the entire amount of grant funds can be used toward rehabilitation projects at the Atascadero Lake Park. 133 of 137 ITEM NUMBER: C-1 DATE: 11/28/17 Atascadero Lake Park is the City’s oldest and possibly most visited park. As a result of funding constraints, some of the infrastructure at the park is aging and is in need of upgrades or replacement. Since the February grant application, Public Works staff has further evaluated priorities and costs for Atascadero Lake Park improvements identified in the grant application. Due to its age and condition, replacement of the youth (age 5- 12) playground unit, swing set, and associated fall protection is the principal need at the park. Other priorities for grant funding include electrical upgrades to support special events, replacement of outdoor picnic / BBQ areas to meet ADA compliance, and other miscellaneous site improvements and amenities. These improvements at Atascadero Lake Park are consistent with the grant application and are further described below. Playground Replacement and Upgrades Estimated Cost: $280,000 The current youth playground structure is at the end of its useful life and is slowly shrinking in size as components break and replacement parts are no longer available. This unit is the main playground structure and is geared toward youth ages 5 to 12. The other playground structure (south end closest to the Ranger House) is geared toward toddlers (under age 5) and is a newer unit that is in good condition and replacement is not needed at this time. The existing swing set unit is also recommended to be replaced since its nearing the end of its useful life and is out of compliance for fall protection. The youth playground unit and swing set will remain in the current playground area footprint that has a concrete border. A poured -in-place rubberized surface within the entire playground area is recommended to comply with fall protection and ADA accessibility requirements. The above estimated cost reflects a credit of nearly $50,000 in grant monies provided by GameTime, the playground manufacturer. Electrical Upgrades Estimated Cost: $15,000 Staff has heard that access to additional electrical outlets throughout the park is desirable for various special events like the Wine Festival and Mid -State Cruizer Car Show. Generally, this scope of work is to provide additional duplex outlets throughout the park, which will be controlled by a fuse switch and energized for special events only. Outdoor Picnic / BBQ Area Replacement Estimated Cost: $30,000 The City has upgraded various outdoor picnic / BBQ areas in recent years primarily through Community Development Block Grants (CDBG). However, there are several locations that are in need of replacement due to age and/or ADA accessibility. Picnic/BBQ Area No. 3 (near the volleyball court/future Zoo Event Center) is prioritized as the highest need for replacement. Work includes grading, concrete, picnic tables, BBQ grills, and other miscellaneous and related work. Other Site Improvements and Amenities Estimated Cost: $10,000 There is need for minor site improvements and site amenities such as park benches and lighting, walkway improvements, and other miscellaneous items and work. Grant Administration/Project Management Estimated Cost: $20,706 Staff time and expenses related to administer grant requirements and implement projects. 134 of 137 ITEM NUMBER: C-1 DATE: 11/28/17 Conclusion: The City has been awarded a $355,706 HRP grant for its role in championing affordable housing. The City is very happy to be recognized for its housing efforts with the HCD Park Grant however, the grant amount is insufficient to complete both the Joy Playground Project and the needed rehabilitation at the Atascadero Lake Park. In order to complete both projects, it is recommended that the HCD grant funding go to rehabilitation at Lake Park and Parkland Facilities Fees Funds be used for the Joy Playground Project. FISCAL IMPACT: Appropriation of $505,000 in Parkland Facilities Fees Fund reserves in fiscal year 2017/2018 and staff costs associated with grant administration and construction of the projects. ALTERNATIVES: 1. The City Council could choose to allocate grant funds differently between the two projects 2. The City Council could choose not to allocate Parkland Facilities Fees Funds to the Joy Playground Project. 3. The City Council could chose not to participate in the Housing Related Parks Grant. 4. The City Council could request additional information and refer this item back to staff prior making a decision. ATTACHMENT: Draft Resolution 135 of 137 ITEM NUMBER: C-1 DATE: ATTACHMENT: 11/28/17 1 Attachment 1: City Council Draft Resolution; Housing Related Park Grant DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING APPLICATION FOR HOUSING RELATED PARK GRANT WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability, dated November 16, 2016, (NOFA), under its Housing-Related Parks (HRP) Program; and WHEREAS, the City of Atascadero (Applicant) desires to apply for a HRP Program Grant and submit the 2016 Designated Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and WHEREAS, the City Council previously adopted Resolution No. 2017-002, authorizing the City Manager to apply for and submit an application to secure HRP Program Grant funds from the Department; and WHEREAS, the City did apply for and was awarded $355,706 in HRP Grant funds from the Department; and WHEREAS, the City was notified by the Department, in October 2017, that the previously adopted Resolution No. 2017-002 required additional language authorizing the City Manager to execute the application package and HRP grant documents; and WHEREAS, the City Council desires to amend and restate previously adopted Resolution No. 2017-002, with this Resolution, to have all applicable and necessary authorizations contained within these two resolutions, without rescinding said adoption. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero: SECTION 1. The City Manager and the identified contact person for the grant application are hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released November 2016 for the 2016 Designated Program Year in an amount not to exceed $742,750.00. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in an amount not to exceed $742,750.00, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the “HRP Grant Documents”). 136 of 137 ITEM NUMBER: C-1 DATE: ATTACHMENT: 11/28/17 1 SECTION 2. The City of Atascadero shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities 2016 HRP Program Funding Application Page 15 of 17 funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. SECTION 3. The City Manager or the identified contact person for the grant application is authorized to execute, in the name of Applicant, the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day of November, 2017. On motion by _____________ and seconded by ____________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney 137 of 137