HomeMy WebLinkAbout052411 - Agenda Packet 052411 ARCHIVE COPY
CITY CLERK
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CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, May 24, 2011
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:30 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6)
Agency designated representatives: Wade McKinney, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
REGULAR SESSION ION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O'Malley
1
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Kelley
Y
Council Member Clay
Council Member Fonzi
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes — May 10, 2011
■ Recommendation: Council approve the City Council Meeting Draft
Action Minutes of May 10, 2011. [City Clerk]
2. Community Development Block Grant Program - Fiscal Years 2012/13
through 2014/2015
■ Fiscal Impact: Continued availability of approximately $190,000 annually
during the next three years for CDBG eligible programs.
■ Recommendation: Council authorize continued participation in the urban
county Community Development Block Grant Program for Fiscal Years
2012/2013 through 2014/2015. [Public Works]
3. Proposition 1B Transit - Approve Certifications and Assurances and
Designation of Authorized Agents
■ Fiscal Impact: Potential receipt of $900,000 of Proposition 1 B funding.
■ Recommendations: Council:
1. Adopt the Draft Resolution, approving Certifications and Assurances;
and,
2. Designate the City Manager and Director of Administrative Services
as Authorized Agents. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
2
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. The Council may take action to direct the staff
to place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Tobacco Retail Business Compliance Update
■ Fiscal Impact: None.
■ Recommendation: Council direct Staff to continue to monitor the retail
sale of tobacco products to ensure adherence to the State Law that
prohibits the sale of tobacco to minors, and report back to City Council
any non-compliance by retailers for additional consideration of a tobacco
retail licensing ordinance. [Police]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. City/ Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. League of California Cities — CITIPAC Board Member
5. SLO Council of Governments (SLOCOG)
6. SLO Regional Transit Authority (SLORTA)
Manor Pro Tem Kelley
1 . Atascadero State Hospital Advisory Committee
2. Atascadero Youth Task Force
3. City of Atascadero Design Review Committee
4. City of Atascadero Finance Committee
5. Economic Vitality Corporation, Board of Directors (EVC)
6. Homeless Services Oversight Council
3
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Sturtevant
1. City/ Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the May 24, 2011 Regular Session of the Atascadero City Council was posted
on May 17, 2011, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was
available for public review in the Customer Service Center at that location.
Signed this 171h day of May, 2011, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.oro. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are videotaped
and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact
the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required
to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before
the meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A- 1
DATE: 05/24/11
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CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, May 10, 2011
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:45 P.l01.
1. CLOSED SESSION -- PUBLIC COMMENT— None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6)
Agency designated representatives: Wade McKinney, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
City Attorney Pierik announced that there was no reportable action taken.
Atascadero City Council Draft Minutes of 05/10/11
Page 1 of 9
7
ITEM NUMBER: A - 1
DATE: 05/24/11
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor O'Malley called the meeting to order at 6:12 p.m. and Council Member Sturtevant
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem Kelley
and Mayor O'Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Public Works
Director Russ Thompson, Community Services Director Brady
Cherry, Acting Police Chief Steve Gesell, Fire Chief Kurt Stone,
and City Attorney Brian Pierik.
APPRO V AL OF AGENDA: Roll Call
MOTION: By Council Member Clay and seconded by Council Member
Sturtevant to approve the agenda.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — April 26, 2011
■ Recommendation: Council approve the City Council Meeting Draft Action
Minutes of April 26, 2011. [City Clerk]
2. March 2011 Accounts Payable and Payroll
■ Fiscal Impact: $28,815,191 .50.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2011. [Administrative
Services]
3. March 2011 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council receive and file the City Treasurer's report for
quarter ending March 2011. [Administrative Services]
Atascadero City Council Draft Minutes of 05/10/11
Page 2 of 9
ITEM NUMBER: A - 1
DATE: 05/24/11
4. Apple Valley Assessment Districts
■ Fiscal Impact: Annual assessments for 2011/2012 will total $39,620 for
road/drainage system maintenance and $31,850 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Apple Valley.
■ Recommendations: Council:
1 . Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Valley) for fiscal year
2011/2012.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 01 (Apple Valley).
3. Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Valley) in fiscal year
2011/2012, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Valley) for fiscal year 2011/2012
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rniapursuan+ to the provisions of Part- 2 of Division i,5 Of the
Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Valley) for fiscal year 2011/2012.
6. Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Valley) for fiscal year 2011/2012.
[Administrative Services]
5. De Anza Estates Assessment Districts
■ Fiscal Impact: Annual assessments for 2011/2012 will total $38,923 for
road/drainage system maintenance and $13,335 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in De Anza Estates. The City General Fund will contribute
$1 ,466 for the fiscal year 2011/2012 for half of the maintenance costs of
the trails and open space.
■ Recommendations: Council:
1 . Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Estates) for fiscal year
2011/2012.
Atascadero City Council Draft Minutes of 05/10/11
Page 3of9
ITEM NUMBER: A- 1
DATE: 05/24/11
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 03 (De Anza Estates).
3. Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Estates) in fiscal year
2011/2012, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2011/2012 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2011/2012.
6. Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2011/2012. [Administrative Services]
V. Las Lomas (Woodridge) Assessme,,L I�is tr IVts
■ Fiscal Impact: Annual assessments for 2011/2012 will total $23,639 for
road/drainage system maintenance and $81 ,300 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Woodridge.
■ Recommendations: Council:
1 . Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 02 (Woodridge) for fiscal year
2011/2012.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 02 (Woodridge).
3. Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm
Drain Maintenance District No. 02 (Woodridge) in fiscal year
2011/2012, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2011/2012
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code.
Atascadero City Council Draft Minutes of 05/10/11
Page 4 of 9
10
ITEM NUMBER: A- 1
DATE: 05/24/11
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2011/2012.
6. Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2011/2012.
[Administrative Services]
7. Alcoholic Beverage Control (ABC) License To Serve Beer and Wine
PLN 2011-1402 / ABC 2011-0013 - 5985 Traffic Way (Wysong)
■ Fiscal Impact: None.
• Recommendation: Council adopt Draft Resolution A finding that public
convenience or necessity would be served by allowing the issuance of a
Type 42 ABC license for the on-site sale of beer and wine at a new wine
bar and tasting facility at 5985 Traffic Way. [Community Development]
8. Streetscape Phase 111111 Bid Alt D Award (City Bid No. 2011-001)
■ Fiscal Impact: The fiscal impact of awarding the bid alternate is
$333,707.00 of previously budgeted Road Program Funds.
■ Recommendations: Council:
1 . Award Bid Alternate D in the amount of $333,707.00 for the
Streetscape Phase III project to Sosa Construction; and,
2. /%uthorize the City Manager to execute a contract amendment
with G. Sosa Construction, Inc. to construct the Phase III Bid Alternate
D improvements noted above; and,
3. Authorize the City Manager or his designee to execute a contract
amendment with Ground Up Design and Construction Management for
$12,520.00 for additional asphalt testing and inspection; and,
4. Authorize the Director of Administrative Services to appropriate
$392,490 of Local Transportation Funds for the Downtown Streetscape
III Project. [Public Works]
City Manager McKinney pulled Item #A-5 as there are residents in Conference Room #4
negotiating their differences regarding this item and may want to speak to the item.
Atascadero City Council Draft Minutes of 05/10/11
Page 5 of 9
ITEM NUMBER: A- 1
DATE: 05/24/11
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Kelley to approve Items #A-1, 2, 3, 4, 6, 7, and 8 of the Consent
Calendar.
Motion passed 5:0 by a roll-call vote. (#A-4.1: Resolution No.
2011-018, #A-4.2: Resolution No. 2011-019, #A-4.3: Resolution
No. 2011-020, #A-4.4: Resolution No. 2011-021, #A-4.5:
Resolution No. 2011-022, #A-4.6: Resolution No. 2011-023, #A-
6.1: Resolution No. 2011-024, #A-6.2: Resolution No. 2011-
025, #A-6.3: Resolution No. 2011-026, #A-6.4: Resolution No.
2011-027, #A-6.5: Resolution No. 2011-028, #A-6.6: Resolution
No. 2011-029, #A-7: Resolution No. 2011-030, #A-8.2: Contract
No. 2011-013, #A-8.3: Contract No. 2011-014)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
Item #A-5: City Manager McKinney announced that the Council may vote on Item #A-5
as the residents have decided not to speak on this item.
MOTION: By Council Member Clay an-a' seconded by Council Member
Sturtevant to approve #A-5 of the Consent Calendar.
Motion t'
on assed 5:0 b a roll-call vote. #A- .1:
p y ( 5 Resolution No.
2011-031, #A-5.2: Resolution No. 2011-032, #A-5.3: Resolution
No. 2011-033, #A-5.4: Resolution No. 2011-034, #A-5.5:
Resolution No. 2011-035, and#A-5.6: Resolution No. 2011-036)
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Gary Basher.
Mayor O'Malley closed the COMMUNITY FORUM period.
Atascadero City Council Draft Minutes of 05/10/11
Page 6 of 9
12
ITEM NUMBER: A- 1
DATE: 05/24/11
B. PUBLIC HEARINGS:
1. Weed Abatement — Hearing of Objections
■ Ex Parte Communications:
■ Fiscal Impact: None.
■ Recommendation: Council:
1 . Hear all objections to the proposed removal of vegetative growth
and/or refuse and allow or overrule any objections, and,
2. Authorize the Fire Chief to proceed and perform the work of
abatement. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem Kelley and seconded by Council Member
Sturtevant to authorize the Fire Chief to proceed and perform
the work of abatement.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Atascadero Tourism Initiative Update
■ Fiscal Impact: None.
■ Recommendation: Council receive and file report, and provide direction
regarding the Tourism Action Plan as appropriate. [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions from the Council. Mr. Cherry also introduced Steve Martin, with S. Martin and
Associates, who gave a presentation and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Len Colamarino.
Mayor O'Malley closed the Public Comment period.
The City Council gave Mr. Martin suggestions for new tourism ideas.
There was Council consensus for the following:
• The SMG Tourism Study is still the guide Council wants Mr. Martin to follow
• The slogan "Get Stuck on Us" is acceptable, and they would like Mr. Martin
to consider other slogans in the future.
• Continue to refine the Visit Atascadero website
• Continue to advance in technology; we want to be the leader in the County
Atascadero City Council Draft Minutes of 05/10/11
Page 7 of 9
13
ITEM NUMBER: A- 1
DATE: 05/24/11
2. County Request for Input Regarding the Redrawing of Supervisorial
District Boundaries
■ Fiscal Impact: None.
■ Recommendation: Council direct staff to create a letter to the County
Administrator, including Council's input on the upcoming redistricting of
the supervisorial boundaries. [City Manager's Office]
Assistant to the City Manager Marcia McClure Torgerson gave the staff report and
answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Jim Wilkins.
Mayor O'Malley closed the Public Comment period.
Council consensus to direct staff to create a letter to the County Administrator,
including Council's input listed below on the upcoming redistricting
of the supervisorial boundaries.
• Cal Poly should not be included in the District with the North County. They
are not involved in North County issues.
• Cuesta Grade should be the southern boundary of District #5
• When possible, keep each incorporated city completely within a District.
For Atascadero, that would include the future annexation of Eagle Ranch.
• Include Templeton in District #5.
3. Multi-hazard Emergency Response Plan Update
■ Fiscal Impact: None.
■ Recommendation: The Atascadero Disaster Council recommends the
City Council:
Adopt Draft Resolution A, thereby adopting the updated Multi-hazard
Emergency Response Plan (MERP). [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Jim Wilkins
Mayor O'Malley closed the Public Comment period.
Atascadero City Council Draft Minutes of 05/10/11
Page 8 of 9
14
ITEM NUMBER: A- 1
DATE: 05/24/11
MOTION: By Council Member Sturtevant and seconded by Mayor Pro
Tem Kelley to adopt Draft Resolution A, thereby adopting the
updated Multi-hazard Emergency Response Plan (MERP).
Motion passed 5:0 by a roll-call vote. (Resolution No. 2011-
037)
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS:
Mayor O'Malley
1. Integrated Waste Management Authority (IWMA) — The Board is going to be
considering a ban on plastic bags.
Mayor Pro Tem Kelley
1 . Atascadero State Hospital Advisory Committee — The Committee is
considering options for their budget issues.
2. Atascadero Youth Task Force — They are planning senior high events at the
Community Center once per month.
Council Member Fonzi
1 . SLOCOG Breakfast — Conducting a Study to consider a '/2 cent County sales
tax to improve the County roads.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT:
Mayor O'Malley adjourned the meeting at 9:08 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
Atascadero City Council Draft Minutes of 05/10/11
Page 9 of 9
15
ITEM NUMBER: A-2
DATE: 05/24/11
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Atascadero City Council
Staff Report - Public Works Department
Community Development Block Grant Program
Fiscal Years 2012/13 through 2014/2015
RECOMMENDATION:
Council authorize continued participation in the urban county Community Development
Block Grant Program for Fiscal Years 2012/2013 through 2014/2015.
DISCUSSION:
Background: Beginning with the 1994/95 fiscal year, the City of Atascadero has
participated with the County of San Luis Obispo and other cities as part of the "urban
county" Community Development Block Grant (CDBG) program. Urban counties
receive annual, formula-based grants directly from the federal department of Housing
and Urban Development (HUD) under the CDBG, HOME Investment Partnerships
(HOME) and the Emergency Shelter Grants (ESG) program and, beginning with this
Agreement, the Housing Opportunities for Persons with AIDS (HOPWA) programs.
Cooperative agreements between the participating jurisdictions established a formula
allocating CDBG funds by jurisdiction. The HOME and ESG funds are not formally
divided up, but the cities provided recommendations to the County on these programs.
On March 28, 2011 the County, pursuant to HUD regulations, notified the City of its
right to elect to continue to participate in the CDBG program by choosing from the
following options:
1. Join the urban county to receive CDBG allocations through the county.
2. Become a stand-alone CDBG entitlement jurisdiction to receive CDBG funds
directly from HUD.
3. Decline a formula CDBG allocation or entitlement and become an applicant to
the competitive state CDBG program.
17
ITEM NUMBER: A- 2
DATE: 05/24/11
Analysis: Staff has reviewed each of the three options available to the City. Staff
recommends continuation of the current CDBG allocation by participating as part of the
"urban county" program (Option 1). This option is preferred for the following reasons:
1 . Participation in the state CDBG program (Option 3) is competitive in nature and
there is no guarantee that the City would receive any CDBG funding from year to
year.
2. Becoming a stand alone City would require the City to meet all of the HUD
regulations as a grant recipient, including preparation of a five year plan, annual
allocation plan, preparation of various federally required reports, and other
administrative activities. This would require additional staff resources to be
allocated toward grant administration then currently allocated.
3. The City would be able to obtain more CDBG funds through the State than the
"urban county" program, potentially securing $500,000 to $830,000 in a
competitive cycle. However, participation in the State program requires the City's
Housing Element of the General Plan to be State certified, which the current
element does not meet these requirements.
4. The administration and distribution of HOME and other housing funds would
continue to be administered by the County. Although the City would be eligible
for more funding as part of the State competitive process, it would be required to
administer the projects and activities for which funding was allocated to.
5. hUministratlon of the CvBGA program is a highly Ily regulated and technical process
for which the County has staff that specializes in this area. Additional training
and participation in HUD activities would require additional staff resources.
6. The funding allocation the County uses for City allocations is identical to the
formula used by HUD if the City received a direct allocation. There may be some
additional increase in funding levels as a direct entitlement city; however, it would
be offset by the increases in administration required for direct participation.
Participation as part of the "urban county" allocation program would continue to provide
the City with annual allocation of CDBG funds and continue to limit the amount of time
the City would be required to spend on program administration which would increase
with either of the remaining options. Participation in the program is for a three- (3) year
fiscal year cycle; therefore the City will be able to re-evaluate its options prior to the
next three-year cycle.
Continued participation in the CDBG program with the County provides continued
allocation of CDBG funding to Atascadero while limiting the financial and administrative
resources necessary to participate in the program overall.
The current Agreement is automatically renewed unless the City notifies the County in
writing of our intent to terminate.
18
ITEM NUMBER: A- 2
DATE: 05/24/11
FISCAL IMPACT:
Continued availability of approximately $190,000 annually during the next three years
for CDBG eligible programs.
ALTERNATIVES:
The Council may choose to participate as a stand alone CDBG entitlement jurisdiction
or become an applicant to the competitive state program.
ATTACHMENTS: Cooperation Agreement
is
20
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN
LUIS OBISPO AND THE CITY OF ATASCADERO FOR JOINT
PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS
PROGRAM,
PROGRAM, THE EMERGENCY SOLUTIONS GRANT AND
THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM FOR FISCAL YEARS 2012/2013 THROUGH 2014/2015
THIS AGREEMENT is made and entered into this day of,
2011 , by and between the County of San Luis Obispo, a political subdivision of the
State of California, hereinafter called "County"; and the City of Atascadero, a municipal
corporation of the State of California, located in the County of San Luis Obispo,
hereinafter called "City"; jointly referred to as "Parties."
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law
entitled, The Housing and Community Development Act of 1974, herein called the "Act".
Said Act is omnibus legislation relating to federal involvement in a wide range of
housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled "Community Development" and governs
programs for housing and community development within metropolitan cities and urban
counties or communities by providing financial assistance annually for area-wide plans
and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant (CDBG) Program, the
HOME Investment Partnerships (HOME) Program, the Emergency Solutions Grant
(ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program are consolidated under Title I of the Act; and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development, hereinafter referred to as "HUD", that
the County be designated as an "urban county"; and
WHEREAS, the County needs to requalify as an urban county and will be eligible
to receive CDBG funds provided that the County's entitled cities defer their entitlement
to the County to enable both the County and the entitlement cities to jointly participate
in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
WHEREAS, if HUD redesignates the County as an urban county, the County
may also be eligible to receive funds from the Home Investment Partnership Program
21
(hereinafter referred to as "HOME"), the Emergency Solutions Program (hereinafter
referred to as "ESG"), and the Housing Opportunities for Persons with Aids Program
(hereinafter referred to as "HOPWA"); and
WHEREAS, the Community Development Block Grant Regulations issued
pursuant to the Act provide that qualified urban counties must submit an application to
the Department of Housing and Urban Development for funds, and that cities and
smaller communities within the metropolitan area not qualifying as metropolitan cities
may join the County in said application and thereby become a part of a more
comprehensive county effort; and
WHEREAS, as the urban county applicant, the County must take responsibility
and assume all obligations of an applicant under federal statues, including: the analysis
Y
of needs, the setting of objectives, the development of community development and
housing assistance plans, the consolidated plan, and the assurances of certifications;
and
WHEREAS, by executing this Agreement, the Parties hereby give notice of their
intention to participate in the urban county CDBG, HOME, ESG, and HOPWA
programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the Parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as "Director") is
hereby authorized to act as applicant for the CDBG, HOME, ESG, and HOPWA
programs and to administer funding and activities under the programs. The City
Manager is hereby authorized to act as the responsible officer of the City under
the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each other in
undertaking eligible grant programs or projects, including but not limited to
community renewal and lower income housing assistance activities, specifically
urban renewal and publicly-assisted housing; public services; and economic
development.
C. Term of Agreement — Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1 , 2012
through June 30, 2015. In addition, this Agreement provides for automatic
renewal for participation in successive three-year qualification periods, unless
the City provides written notice at least 60 days prior to the end of the term that it
elects not to participate in a new qualification period. Before the end of the first
three-year term, the County will notify the City in writing of its right not to
participate in the urban county for a successive three-year term.
The Parties agree to adopt amendments to this Agreement incorporating
changes necessary to meet the requirements for cooperation agreements set
22
forth in an Urban County Qualification Notice by HUD for a subsequent three-
year urban county qualification period, prior to the subsequent three-year
extension of the term. Any amendment to this Agreement shall be submitted to
HUD as required by the regulations and any failure to adopt required
amendments will void the automatic renewal of the Agreement for the relevant
qualification period.
The Agreement remains in effect until the CDBG, HOME, ESG, and HOPWA
program funds and income received with respect to the three-year qualification
period, and the subsequent three-year renewals are expended and the funded
activities are completed. The Parties may not terminate or withdraw from the
Agreement while the Agreement remains in effect.
D. Scope of Agreement. This Agreement covers the following formula funding
programs administered by HUD where the County is awarded and accepts
funding directly from HUD: the CDBG Entitlement Program, the HOME Program,
the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities
for Persons with AIDS (HOPWA) Program.
SECTION 11. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be included in
the application the County shall submit to the Department of Housing and
I I Urban Development
eveIopment for Title
1 Housing
ousiig and Community
ommuliay Deve1Vpme + Block
funds under the above recited Act.
B. Consolidated Plan. City shall assist the County by preparing a community
development plan, for the period of this Agreement, which identifies
community development and housing needs, projects and programs for the
City; and specifies both short and long-term City objectives, consistent with
requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City's desired housing and community
development objectives, policies, programs, projects and plans as submitted
by City in the County's consolidated plan.
C. Application Submittal. County agrees to commit sufficient resources to
completing and submitting the Consolidated Plan and supporting documents
to HUD in time for the Parties to be eligible to receive funding beginning July
1, 2012, and to hold public hearings as required to meet HUD requirements.
D. County Responsibility. Parties agree that the County shall, as applicant, be
responsible for holding public hearings and preparing and submitting the
CDBG funding application and supporting materials in a timely and thorough
manner, as required by the Act and the federal regulations established by
HUD to secure entitlement grant funding beginning July 1 , 2012.
E. Grant Eligibility. In executing this Agreement, the Parties understand that
they shall not be eligible to apply for grants under the Small Cities or State
CDBG Programs for appropriations for fiscal years during the period in which
the Parties are participating in the urban county CDBG entitlement program;
23
and further, the City shall not he e.liaibi l, to participate in the HOME, ESG, or
HOPWA programs except thr _,ugr: :hr, urban county.
SECTION III. Program Administration.
A. Program Authorization. County
Administrator is hereby authorized to carry
out activities that will be fun_ied frc>m the. annual CDBG, HOME, ESG, and
HOPWA programs from fiscal years 20-12/2013, 2013/2014, and 2014/2015
appropriations and from any program income generated from the expenditure
of such funds.
B. Responsibilities of Parties, Parties agree that the County shall be the
governmental entity requirE:d to e,,:=cute any grant agreement received
pursuant to the CDBG, HC`ME, E`' anc HOPWA applications, and the
County shall thereby become legally liable and responsible thereunder for the
proper performance of the plan an6 CDBG, HOME, ESG, and HOPWA under
county programs. City agrees to act in good faith and with due diligence in
performance of City obligatio-is and responsibilities under this Agreement and
under all subrecipient agreements. City further agrees that it shall fully
cooperate with the County ;n al' things required and appropriate to comply
with the provisions of any Grant Agraerlrent received by the County pursuant
to the Act and its Regulatior s.
C. City Assistance. City agr r_s to undertake, conduct, perform or assist the
County in performing the :�ssenfiai community development and housing
assistance activities identi �d it the Ci`y s community development plan.
Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to
the same requirements app'cab!e '.o subrecipients, including the requirement
of a written agreement with the County as set forth in 24 CFR 570.503.
E TI
S C ON IV. Use of Program Funds..
A. Allocation of CDBG funds. All funds received by County pursuant to this
Agreement shall be identi ied and allocated as described below, to the
specific projects or activities set out ii, the application, and such allocated
amounts shall be expended exclusively for such projects or activities;
provided, however, that a different distribution may be made when required
by HUD to comply with Title I of the Housing and Community Development
Act of 1974, as amended.
1) Metropolitan Cities' Allocation. Parties agree that County shall make
available to City a total amount of CDBG funds equal to that which City
would have been entitles had it applied separately as a "metropolitan city",
using HUD allocation formulas as applied by County. No "administrative"
fee or other fees will be deducted by the County to meet its obligations
under the terms of this agreement. Further, with respect to the availability
of the funds, County agrees to fully cooperate and assist City in
expending such funds.
2) Non-Metropolitan Cities' Allocation. County agrees to allocate a
portion of CDBG program funds to the non-Metropolitan, incorporated
24
cities participating in the program. The amount of allocation per city shall
be equal to that which the urban county formula award from HUD
increases as a result of the HUD allocation formulas as applied by
County.
3) Special Urban Project Fund. It is further agreed that County shall set
aside a portion of CDBG funds as a Special Urban Projects Fund,
available to all participating incorporated cities and the County on a
competitive basis. Amount of the Fund shall equal fifteen (15) percent of
the urban county formula CDBG funding after deducting the allocation for
cities as described in paragraph 1 and 2 above. The Special Urban
Projects Fund shall be awarded annually by the County Board of
Supervisors, following criteria developed jointly by County and the cities
participating in the program.
4) County allocation. City agrees that urban county formula CDBG funds
remaining after deducting allocations for cities and the Special Urban
Projects Fund comprise the County allocation.
B. Availability of Funds. County agrees to make CDBG funds available to all
participating incorporated cities when HUD makes the CDBG funds available
to it. The County shall immediately notify the participating incorporated cities
of the availability of the funds.
It is understood by the Parties hereto that the CDBG funds being used for the
purposes of this Agreement are funds furnished to the County, through HUD
pursuant to the provisions of the Act. Notwithstanding any other provision of
this Contract, the liability of the County shall be limited to CDBG funds
available for the Project. The City understands that the County must wait for
release of CDBG funds from HUD before CDBG funds may be advanced or
reimbursed. The County shall incur no liability to the City, its officers, agents,
employees, suppliers, or contractors for any delay in making any such
payments.
C. Administrative and Public Services Costs. County hereby acknowledges
that City, as subrecipient, incurs certain administrative costs in preparing
housing and economic development plans, program planning, management
and accounting, professional support services, and other reasonable and
necessary expenses to carry out City's plan; and further, County agrees that
after the availability of CDBG program funds to City, County shall not use its
remaining balance of funds in any way that would limit City's ability to use its
CDBG funds to the maximum extent allowed by HUD for administrative,
public service, or program purposes.
D. Income Generated. City shall notify the County of any income generated by
the expenditure of CDBG funds received by the City. Such program income
may be retained by City subject to the provisions of this Agreement, the Act
and its Regulations. Any program income retained must only be used for
eligible activities in accordance with all CDBG requirements as they apply.
25
E. Use of Program Income. County shall monitor the use of any program
income, requiring appropriate record-keeping and reporting by the City as
may be needed for this purpose, and shall report the use of such program
income to HUD. In the event of close-out or change of status of the City, all
program income on hand or received by the City subsequent to the close-out
or chane of status shall be aid to the County. In the event that the Cit
9 p Y Y
withdraws from the urban county to become an entitlementg rantee, as
provided under 24 CFR 570.504, all program income on hand or received by
the City from urban county activities shall be retained by the City to be used
as additional CDBG funds subject to all applicable requirements governing
the use of CDBG funds.
F. Change in Use of Property. City shall notify the County of any modification
or change in the use of real property acquired or improved in whole or in part
using CDBG funds that is within the control of the City, from that use planned
at the time of acquisition or improvement including disposition. Such
notification shall be made within thirty (30) days of such change of use and
comply with the provisions of 24 CFR 570.505.
G. Fair Housing Implementation. Parties agree that no urban county funding
shall be allocated or expended for activities in or in support of any
cooperation unit of general local government that does not affirmatively
further fair Housing within its own jurisdiction or that impedes the County's
actions to comply with its fair housing certification.
H. Conflict Resolution. In the event of disagreement between the County and
the City as to the allocations, disbursement, use, or reimbursement of CDBG
funds, the Parties agree to accept HUD's written determination as to the
appropriate resolution or disposition of funds to the extent HUD is willing to
resolve such disagreement.
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, County and City shall enter into a Subrecipient Agreement,
prepared jointly by County and City, which will list the project(s) City will
undertake with its CDBG entitlement funds during that program year. Said
Subrecipient Agreement will set forth the project changes, time schedule for
completion of the project(s), and additional funding sources, if any. If
substantial compliance with the completion schedule cannot be met by the
City due to unforeseen or uncontrollable circumstances, the County may
extend the schedule for project completion, as allowed by federal regulations.
B. Amendments. Any amendments to the Agreement shall be in writing.
Parties agree that any such fully executed amendment or amendments to this
Agreement may be entered into at any time if required or necessary to
implement the plans contemplated hereunder, or to comply with any grant
agreement or the regulations issued pursuant to the Act.
26
SECTION VI. Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with the
urban county's certifications required by section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of
Title I of the Housing and Community Development Act of 1974; the National
Environmental Policy Act of 1969; the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970; and other applicable laws.
B. Citizen Participation. Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91 , and provide citizens with:
1) An estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate income; and
2) A plan for minimizing displacement of persons as a result of CDBG-
assisted activities and programs, and to provide assistance to such
persons.
C. Citizen Participation Plan. Parties agree to follow a citizen participation
plan which:
1) Provide for and encourages citizen participation, particularly those of low
or moderate income who reside in slum or blighted areas where CDBG
funds are proposed to be used;
2) Provide citizens with reasonable and timely access to local meetings, staff
reports, and other information relating to grantee's proposed use of funds,
as required by HUD regulations related to the actual use of funds under
the Act;
3) Provides for public hearings to obtain citizen views and to respond to
proposals and questions at all stages of the community development
program, including at least: 1) formulation of needs; 2) review of proposed
grant activities; and 3) review of program performance; for which public
hearings shall be held after adequate notice, at times and locations
convenient to potential or actual beneficiaries, and with accommodation of
handicapped persons;
4) Provides for a timely written answer to written complaints and grievances,
within 15 working days where practicable;
5) Identifies how the needs of non-English speaking residents will be met in
the case of public hearings where a significant number of non-English
speaking residents can be reasonably expected to participate.
6) Identifies the use of non-traditional methods of community outreach,
including the provision of CDBG documents in a user-friendly format,
27
including but not limited to Braille, large print, oral format, and delivering
copies to homebound individuals.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be
paid, by or on behalf of the Parties, to any officer or employee or any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit standard form
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3) Certifications Disclosure. Parties agree to include this certification in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements), and that all grant subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon
which reliance waslaced when this transaction on was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and
Regarding Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101-144 (the 1990 HUD
Appropriations Act), the City certifies that it has adopted and is enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
2) A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and submit
to the County the HUD Certification Form with respect to the community
development activities carried out within the boundaries of the City. It is
further understood that the County will rely upon the certification executed by
26
the Director for purposes of executing a certification form for submission to
HUD.
B. Maintenance of Records. City shall maintain records of activities for any
projects undertaken pursuant to the program, and said records shall be open
and available for inspection by auditors assigned by HUD and /or County on
reasonable notice during the normal business hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer thereunder duly authorized, and their
official seals to be hereunto affixed, all as of the day first above written.
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws, and that the Agreement
provides full legal authority for the County to undertake or assist in undertaking
essential community development and housing assistance activities, specifically urban
renewal and publicly assisted housing.
By:
Whitney McDonald, Deputy County Counsel
Date:
COUNTY OF SAN LUIS OBISPO
By:
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
29
NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer therunder duly authorized, and their official
seals to be hereunto affixed, all as of the day first above written.
CITY OF ATASCADERO
TOM O'MALLEY, MAYOR
Date:
ATTEST:
MARCIA McCLURE TORGERSON, CITY CLERK
Date:
APPROVED AS TO CONTENT:
WADE G. McKINNEY, CITY MANAGER
Date:
APPROVED AS TO FORM:
BRIAN A. PIERIK, CITY ATTORNEY
Date:
30
ITEM NUMBER: A-3
DATE: 05/24/11
71918',
1918 i, R 1979-7
�ATA�cAn�o%
Atascadero City Council
Staff Report - Public Works Department
Proposition 1 B Transit
Approve Certifications and Assurances
and Designation of Authorized Agents
RECOMMENDATIONS:
Council:
1 . Adopt the Draft Resolution, approving Certifications and Assurances; and,
2. Designate the City Manager and Director of Administrative Services as
Authorized Agents.
DISCUSSION:
Beginning in January 2011 new State guidelines require each Proposition 1 B "Transit,"
i.e. Public Transportation Modernization, Improvement, and Service Enhancement
Account (PTMISEA) Program, Project Sponsor to sign a Certification and Assurances
document prior to receiving an allocation of Fiscal Year 10/11 funds, or later. Each
agency only needs to sign and submit the document once for the duration of the
Proposition 1 B "Transit" program. The City Council is required to formally adopt a
Governing Body Resolution approving the Certifications and Assurances document and
Authorized Agent Forms. This is primarily a technical matter of documentation.
The Certification and Assurances document contains general conditions of the
Proposition 1B "Transit" (i.e. PTMISEA) program, as well as some additional Cost
Principles and Record Retention requirements that are standard for other State funded
projects.
Proposition 1 B funds are awarded through the San Luis Obispo Council of
Governments (SLOCOG). As of FY 2007/08 the SLOCOG Board has awarded almost
$6 million of the $13 to 14 million in Proposition 1 B funds expected to be received over
31
ITEM NUMBER: A-3
DATE: 05/24/11
the next five to ten years. Based on State Controller Office estimates, SLOCOG has
approximately $8,158,483 remaining in Proposition 1 B funds available for programming
throughout the life of the bond.
FISCAL IMPACT:
Potential receipt of $900,000 of Proposition 1 B funding.
The proposed Transit Center has been programmed to receive $900,000 in Proposition
1 B funding, subject to the State's ability to sell bonds. By adopting the Resolution
approving the PTMISEA Certifications and Assurances document and appointing
Authorized Agents, the City of Atascadero will be authorized to apply for and receive
these, and future, Proposition 1 B funds.
ATTACHMENTS:
A - Draft Resolut,on
B - Authorized Agent Form
C - Certifications and Assurances
32
ITEM NUMBER: A-3
DATE: 05/24/11
ATTACHMENT A
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
AUTHORIZING THE EXECUTION OF THE
CERTIFICATIONS AND ASSURANCES
FOR THE PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT, AND SERVICE ENHANCEMENT
ACCOUNT BOND PROGRAM
WHEREAS, the City of Atascadero is an eligible project recipient and may receive state
funding from the Public Transportation Modernization, Improvement, and Service Enhancement
Account (PTMISEA) now or sometime in the future for transit projects; and,
WHEREAS, the statutes related to state-funded transit projects require local
implementing agencies to abide by various regulations; and,
WHEREAS, Senate Bill 88 (2007) named the Department of Transportation
(Department) as the administrative agency for the PTMISEA; and,
WHEREAS, the Department has developed guidelines for the purpose of administering
and distributing PTMISEA funds to eligible project sponsors and local agencies; and,
WHEREAS, the Council of the City of Atascadero wishes to delecate authorization to
execute these documents and any amendments thereto to the City Manager and the Director of
Administrative Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero that the fund recipient agrees to comply with all conditions and requirements set forth
in the Certification and Assurances document and applicable statutes, regulations and guidelines
for all PTMISEA funded transit projects.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager and the
Director of Administrative Services be authorized to execute all required documents of the
PTMISEA program and any Amendments thereto with the California Department of
Transportation.
33
ITEM NUMBER: A-3
DATE: 05/24/11
On motion by Council Member and seconded by Council
Member the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
34
ITEM NUMBER: A-3
DATE: 05/24/11
ATTACHMENT B
CITY OF ATASCADERO
Public Transportation Modernization, Improvement, and Service Enhancement
Account City of Atascadero Authorized Agents
AS THE Mayor
OF THE City of Atascadero
I hereby authorize the following individual(s) to execute for and on behalf of the
City of Atascadero, any actions necessary for the purpose of obtaining Public
Transportation Modernization, Improvement, and Service Enhancement
Account (PTMISE_A) fiinGlc provided by the Cajifornla Department of
Transportation, Division of Mass Transportation. This form shall remain valid
for one year from date signed.
Wade G. McKinney, City Manager
or
Rachelle Rickard, Director of Administrative Services
CITY OF ATASCADERO
Tom O'Malley, Mayor
Date:
35
36
ITEM NUMBER: A-3
DATE: 05/24/11
ATTACHMENT C
CITY OF ATASCADERO
Public Transportation Modernization, Improvement, and Service Enhancement Account
(PTMISEA) Bond Program
Certifications and Assurances
Project Sponsor: City of Atascadero
Effective Date of this Document: May 24, 2011
The California Department of Transportation (Department) has adopted the following certifications
and assurances for the Public Transportation Modernization, Improvement, and Service
Enhancement Account (PTMISEA) bond program. As a condition of the receipt of PTMISEA bond
funds, project sponsors must comply with these terms and conditions.
A. General
(1) The project sponsor-agrees to abide by the current PTMISEA Guidelines
he Department a PTMISEA Program Expenditure Plan.
(2) The project sponsor must submit tot p b p
listing allro'ects to be funded for the life of the bond, including the amount for each project and
P J
the year in which the funds will be requested.
(3) The project sponsor must submit to the Department a signed Authorized Agent form designating
Z--
the representative who can submit documents on behalf of the project sponsor and a copy of the
board resolution appointing the Authorized Agent.
B. Project Administration
(1) The project sponsor certifies that required environmental documentation is complete before
requesting an allocation of PTMISEA funds. The project sponsor assures that projects approved
for PTMISEA funding comply with Public Resources Code § 21100 and § 21150.
(2) The project sponsor certifies that PTMISEA funds will be used only for the transit capital project
and that the project will be completed and remains in operation for its useful life.
(3) The project sponsor certifies that it has the legal, financial, and technical capacity to carry out the
project, including the safety and security aspects of that project.
37
ITEM NUMBER: A-3
DATE: 05/24/11
(4) The project sponsor certifies that they will notify the Department of pending litigation, dispute,
or negative audit findings related to the project, before receiving an allocation of funds.
(5) The project sponsor must maintain satisfactory continuing control over the use of project
equipment and facilities and will adequately maintain project equipment and facilities for the
useful life of the project.
(6) Any interest the project sponsor earns on PTMISEA funds must be used only on approved
PTMISEA projects.
(7) The project sponsor must notify the Department of any changes to the approved project with a
Corrective Action Plan (CAP).
(8) Under extraordinary circumstances, a project sponsor may terminate a project prior to
completion. In the event the Project Sponsor terminates a project prior to completion, the
Project Sponsor must (1) contact the Department in writing and follow up with a phone call
verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the
reason for the termination and demonstrating the expended funds were used on the intended
purpose: (3) submit a request to reassign the funds to a new project within 180 days of
termination.
(9) Funds must be encumbered and liquidated within the time allowed in thea applicable budget act.
pp
C. Reporting
(1) Per Government Code § 8879.55, the project sponsor must submit the following PTMISEA
reports:
a. Semi-Annual Progress Reports by February 15`h and August 15th each year.
b. A Final Report within six months of project completion.
c. The annual audit required under the Transportation Development Act (TDA), to verify
receipt and appropriate expenditure of PTMISEA bond funds. A copy of the audit
report must be submitted to the Department within six months of the close of the year
(December 31) each year in which PTMISEA funds have been received or expended.
D. Cost Principles
(1) The project sponsor agrees to comply with Title 2 of the Code of Federal Regulations 225 (2
CFR 225), Cost Principles for State and Local Government. and 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
38
ITEM NUMBER: A-3
DATE: 05/24/11
(2) The project sponsor agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of
individual project cost items and (b) those parties shall comply with Federal administrative
procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient
receiving PTMISEA funds as a contractor or sub-contractor shall comply with Federal
administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments.
(3) Any project cost for which the project sponsor has received payment that are determined by
subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 49 CFR,
Part 18, are subject to repayment by the project sponsor to the State of California (State). Should
the project sponsor fail to reimburse moneys due to the State within thirty (30) days of demand,
or within such other period as may be agreed in writing between the Parties hereto, the State is
authorized to intercept and withhold future payments due the project sponsor from the State or
any third-party source, including but not limited to, the State Treasurer and the State Controller.
E. Record Retention
(1) The proiect sponsor agrees, and will assure that its contractors and subcontractors shall establish
and maintain an accounting system and records that properly accumulate and segregate incurred
project costs and matching funds by line item for the project. The accounting system of the
project sponsor, its contractors and all subcontractors shall conform to Generally Accepted
Accounting Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices. All
accounting records and other supporting papers of the project sponsor, its contractors and
subcontractors connected with PTMISEA funding shall be maintained for a minimum of three
(3) years from the date of final payment and shall be held open to inspection, copying, and audit
by representatives of the State and the California State Auditor. Copies thereof will be furnished
by the project sponsor, its contractors, and subcontractors upon receipt of any request made by
the State or its agents. In conducting an audit of the costs claimed, the State will rely to the
maximum extent possible on any prior audit of the Project Sponsor pursuant to the provisions of
federal and State law. In the absence of such an audit, any acceptable audit work performed by
the project sponsor's external and internal auditors may be relied upon and used by the State
when planning and conducting additional audits.
(2) For the purpose of determining compliance with Title 21, California Code of Regulations,
Section 2500 et seq., when applicable, and other matters connected with the performance of the
project sponsor's contracts with third parties pursuant to Government Code § 8546.7, the project
sponsor, its contractors and subcontractors and the State shall each maintain and make available
for inspection all books, documents, papers, accounting records, and other evidence pertaining to
the performance of such contracts, including, but not limited to, the costs of administering those
various contracts. All of the above referenced parties shall make such materials available at their
respective offices at all reasonable times during the entire project period and for three (3) years
39
ITEM NUMBER: A-3
DATE: 05/24/11
from the date of final payment. The State, the California State Auditor, or any duly authorized
representative of the State, shall each have access to any books, records, and documents that are
pertinent to a project for audits, examinations, excerpts, and transactions, and the project sponsor
shall furnish copies thereof if requested.
(3) The project sponsor, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other pertinent
data and records by the State Fair Employment Practices and Housing Commission, or any other
agency of the State of California designated by the State, for the purpose of any investigation to
ascertain compliance with this document.
F. Special Situations
(1) A project sponsor may lend its unused funds from one year to another project sponsor for an
eligible project, for maximum fund use each fiscal year (Julyl — June 30). The project sponsor
shall collect no interest on this loan.
(2) Once funds have been appropriated in the budget act, a project sponsor may begin a project with
its own funds before receiving an allocation of bond funds, but does so at its own risk.
(3) The Department may perform an audit and/or request detailed project information of the project
sponsor's PTMISEA funded projects at the Department's discretion at any time prior to the
completion of the PTMISEA program.
I certify all of these conditions will be met.
CITY OF ATASCADERO
BY:
Wade G. McKinney, City Manager
DATED:
BY:
Rachelle Rickard, Director of Administrative Services
DATED:
40
ITEM NUMBER: c - 1
DATE: 05/24/11
CI:IA I ;V6lei '
{psis V r9-7i
Atascadero City Council
Staff Report - Police Department
Tobacco Retail Business Compliance Update
RECOMMENDATION:
Council direct Staff to continue to monitor the retail sale of tobacco products to ensure
adherence to the State Law that prohibits the sale of tobacco to minors, and report back
to City Council any non-compliance by retailers for additional consideration of a tobacco
retail licensing ordinance.
DISCUSSION:
The City of Atascadero, in partnership with the San Luis Obispo County Public Health
Department, conducts compliance checks of tobacco retailers within the City to ensure
retailers are not selling tobacco to persons under the legal age of 18. Currently under
State law, both the seller and the under-age buyer are cited for misdemeanor violations.
However, under current law, and without a City Licensing Ordinance, the business
retailer is not cited unless a direct connection to the buyer can be established. Such
ordinances have proven effective in reducing the sale of tobacco products to minors in
other municipalities including cities in San Luis Obispo County.
Following a significant spike in retailer non-compliance in Atascadero, Council directed
staff on September 14, 2010, to come back to the City Council with available options to
address the trend. Staff returned to the City Council on November 9, 2010 where the
Council directed staff to implement additional measures designed to provide greater
opportunity for voluntary compliance prior to further consideration of the adoption of a
licensing ordinance. Staff was directed to report back to Council on or before June,
2011 to determine the effectiveness of these measures.
Two compliance checks were conducted with the County Public Health Department's
assistance in December of 2010 and February of 2011 which yielded 8% and 0% non-
compliance rates, respectively; suggesting intermediate measures have been
successful in garnering voluntary compliance from tobacco retailers at this juncture.
41
ITEM NUMBER: C - 1
DATE: 05/24/11
The following measures were taken by Staff:
• Delivery of a letter from the police chief to retailers outlining concerns
regarding sale of tobacco to minors and looming possibility of a licensing
ordinance- A letter from former Chief of Police Jim Mulhall was hand delivered
to each retailer on November 30, 2010 (Attachment 1).
• Additional educational workshop- County Public Health Department and APD
hosted the second (of two) tobacco retailer training forums on January 19, 2011.
Invitations were hand delivered to each retailer. Nine persons representing eight
businesses were in attendance, two businesses represented had employees who
were issued citations during the compliance check.
• Atascadero Chamber and Main Street assistance- Information was provided
to both organizations on December 7, 2010 for inclusion in their monthly
newsletters.
• Garner media assistance in shedding light on the problem- Results of the
compliance checks and a summary of the November 9, 2010 Council meeting
were covered by main stream media outlets.
Q+ren-then relationship between the police Department and Retailer
Atascadero Police Community Response Officers hand delivered invitations to
the September 4, 2010 and January 9, 2011 forums. Many of these visits were
the catalyst for discussion regarding the impact of a tobacco retailer licensing
program. Additionally, immediate follow-up with cited clerks occurred an all were
invited to the forums which fell prior to their respective court dates. Finally, the
two forums provided additional opportunity for strengthened relationships.
• Two additional compliance checks- Compliance checks were held on
December 9, 2010 and February 15, 2011. Of note, KCOY aired an interview with
former Chief Mulhall on December 8, 2010 that did not mention the pending
"sting" but did address the problem of tobacco sales to minors. It is unknown
what, if any, impact this had on the non-compliance rate the following day.
Additionally, a male decoy purchasing chewing tobacco was used in the
February compliance check at the suggestion of a compliant business owner
during one of the forums as a method of "really testing businesses." Interestingly,
the sting resulted in 100% compliance.
42
ITEM NUMBER: C - 1
DATE: 05/24/11
COMPLIANCE CHECK RESULTS
November 19, 2009 18 retailers 4 citations 22%
March 16, 2010 17 retailers 4 citations 23%
August 9, 2010 25 retailers 8 citations 32%
—November 9, 2010 City Council Meeting—
December 9, 2010 26 retailers 2 citations 8%
February 15, 2011 26 retailers 0 citations 0%
Conclusion: It is unknown whether the non-compliance rate will remain at current
levels; however, it appears the business community has been responsive to the recent
measures employed to address this important issue. Staff is committed to the active
monitoring of compliance rates in continued cooperation with the County Public Health
Department.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Direct Staff to draft an ordinance identifying licensing fees, administrative citation
process, fines, suspension/revocation, and appeal process.
2. Provide alternative direction to Staff.
ATTACHMENT:
1 . Letter to tobacco retailers from former Chief of Police James Mulhall
43
44
ATTACHMENT 1
CITY OF ATASCADERO
1111M POLICE DEPARTMENT
1918 " 1978; "Dedicated to Professional Service" CenaaoroLt��`,'
soo'
JAMES F. MULHALL
Chief of Police
November 30, 2010
TO WHOM IT MAY CONCERN:
It is with considerable concern that I write this letter. Throughout the past year, the
Police Department has conducted compliance checks on tobacco retail businesses in an attempt
to mitigate the ever increasing illegal sales of tobacco products to buyers under the age of 18. It
is apparent that our current enforcement efforts have done little to deter these illegal sales.
On September 14th of this year.. in conjunction with the County Health Department. the
Police Department hosted a Tobacco Retail_ Seminar and partnered with the Atascadero Chamber
of Commerce to notice this seminar in the September issue of the Chamber of Commerce
Business Reporter. In addition. I had officers assigned to the Community Response Team
personally deliver this seminar invitation to each of the 25 tobacco retailers in the City. Only
five retail businesses showed up with a total number of 10 employees in attendance. One of the
businesses present was from the unincorporated part of the County. and two of the remaining
four shared common ownership.
It is with great disappointment that I now feel that the extraordinary use of Police
Department resources, in an attempt to partner with the business community in resolving this
issue, have fallen on deaf ears. In the process, enforcement efforts must be increased to ensure
that state law is not violated and our at-risk youth are protected.
There has been considerable interest and discussion involving the Police Department,
Atascadero City Council. The Chamber of Commerce, and the County Health Department
regarding the violation of state law in selling tobacco products to underage buyers. The City
Council is now poised to enact an ordinance that will create a Tobacco Retail Licensing
Program. Not only will each tobacco retailer have to purchase a license each year to sell tobacco
products, but this ordinance will allow my officers to charge you, the business owner or
manager. with a violation of the Citv ordinance. This violation may have catastrophic
consequences for you. resulting in a fine and possible license suspension.
45
ATTACHMENT 1
November 30, 2010
Paae 2
To that end, it is my intent to enforce the state statutes in the strongest enforcement
measures possible. This sternest of warnings carries with it the promise that enforcement efforts
are currently in effect. I welcome your input, and if you wish to call upon me, please do so at
470-3200.
Sincerely,
Tames F. Mulhall
Chief of Police
JFM/mc
46