HomeMy WebLinkAboutCC_2015-02-24_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 24, 2015
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
City Council Regular Session: 6:00 p.m.
Successor Agency to the
Community Redevelopment
Agency of Atascadero: Immediately following the City
Council Regular Session
REGULAR SESSION – CALL TO ORDER:
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Moreno
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Moreno
Council Member Fonzi
Council Member Kelley
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation Recognizing February 24, 2015 as Spay Day USA
2. Lighthouse Presentation by Janet Stecher
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 – February 2, 2015
Recommendation: Council approve the City Council Draft Action Minutes
of February 2, 2015. [City Clerk]
2. December 2014 Investment Report
Fiscal Impact: None
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending December 2014. [Administrative Services]
3. Alcoholic Beverage Control (ABC) License – On/Off-Site Sale of Beer
and Wine – PLN 2012-1430 – 6760 El Camino Real – (Laprade/Molly
Pitcher Brewing Company, LLC)
Fiscal Impact: Slight positive fiscal impact expected from additional wine
sales generated from the business.
Recommendation: Council adopt Draft Resolution A finding that a public
convenience would be served by allowing the issuance of an on -site/off-
site sale of beer and wine license for the Molly Pitcher, an existing
establishment located at 6760 El Camino Real (APN 030 -192-020).
[Community Development]
4. Community Facilities District 2005-1 – Annexation No. 13 – Atascadero
Avenue Triangle Project – (People’s Self Help Housing)
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution A, declaring intention to
annex territory to Community Facility District and to authorize the levy of
special taxes therein – City of Atascadero Community Facilities District
2005-1 Annexation No. 13 (Atascadero Triangle) [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 mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS:
1. Amendments and Additions to Fee Schedule
Fiscal Impact: The proposed Commercial Sign Program will reduce
permitting revenues and increase staff workloads. This amount will vary
depending on the level of permits requested.
Recommendation: Council adopt Draft Resolution A, amending certain
fees in the Schedule of Fees and Charges for City Services, specifically
related to:
o Reducing Building Permit fees for commercial sign permits for a
period of 18 months commencing on March 1, 2015; and
o Reducing Signage Administrative Use Permit fees for commercial
sign permit fees for a period of 18 months commencing on March 1,
2015; and
o Adding Administrative Fees for Concealed Carry Weapons
Licensing. [Administrative Services]
C. MANAGEMENT REPORTS:
1. Authorize Preliminary Engineering for the Santa Lucia Road Bridge Over
Graves Creek and the Via Avenue Bridge Over Atascadero Creek
Fiscal Impact: The fiscal impact of staff’s recommendations is estimated to
total $45,000 of Local Transportation Funds. This investment will be
matched by $705,000 in HBRR monies for preliminary engineering.
Recommendations: Council:
1. Authorize staff to implement the preliminary engineering phase to
replace the Santa Lucia Road Bridge over Graves Creek using
Local Highway Bridge Replacement and Rehabilitation Program
(HBRR) grant funds; and,
2. Authorize staff to implement the preliminary engineering phase to
rehabilitate (or replace) the Via Avenue Bridge over Atascadero
Creek with Local Highway Bridge Replacement and Rehabil itation
Program (HBRR) grant funds; and,
3. Authorize the Director of Administration Services Director to
appropriate up to $45,000 of Local Transportation Funds for the
11.47% participating match for HBRRP funds for preliminary
engineering of the Via Avenue Bridge. [Public Works]
2. Resolution Relating to the Formation of the Citizens’ Oversight
Committee for the Implementation of the Transaction & Use Tax
Ordinance
Fiscal Impact: There is no fiscal impact from staff’s recommendation.
Recommendations: City Council adopt Draft Resolution relating to the
formation of the Citizens’ Oversight Committee for the implementation of
the Transaction & Use Tax Ordinance (Ordinance No. 581) [City Manager]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a fu ture 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. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem 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 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. Water Issues Liaison
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Homeless Services Oversight Council
4. City of Atascadero Finance Committee
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 TO SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO MEETING
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 des cribed 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, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the February 24, 2015 Regular Session of the Atascadero City Council was
posted on February 18, 2015, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 18th day of February, 2015, at Atascadero, California.
Lori Mlynczak, 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. 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 Council meetings that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON 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 m ake 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 Clerk 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 identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the publ ic 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 b y 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.
ITEM NUMBER: A-1
DATE: 02/24/15
Atascadero City Council
February 2, 2015
Page 1 of 2
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Monday, February 2, 2015
6:00 p.m.
City of Atascadero City Hall
6500 Palma Ave., Council Chambers
Atascadero, California
PLANNING / PARKS & RECREATION COMMISSIONS
INTERVIEWS AND APPOINTMENTS
DRAFT MINUTES
Mayor O’Malley called the meeting to order at 6:00 p.m.
ROLL CALL:
Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem
Moreno, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson
PUBLIC COMMENT: None
INTERVIEWS AND APPOINTMENTS:
City Clerk Torgerson explained the interview and selection process to the City Council.
ITEM NUMBER: A-1
DATE: 02/24/15
Atascadero City Council
February 2, 2015
Page 2 of 2
1. Planning Commission
City Clerk recommendation: Council interview the six candidates and select,
by ballot, two citizens to serve on the Planning Commission.
The City Council interviewed the six candidates and selected, by ballot, Charles
Bourbeau and Dennis Schmidt to serve in the At Large positions on the Planning
Commission.
Mayor Pro Tem Moreno announced that she had to leave the meeting at this time
due to a prior commitment.
2. Parks & Recreation Commission
City Clerk recommendation: Council interview the two candidates and select,
by ballot, two citizens to serve on the Parks & Recreation Commission.
The City Council interviewed the two candidates and selected, by ballot, David May and
Kevin Campion to serve in the At Large positions on the Parks and Recreation
Commission.
ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 8:13 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Deputy City Manager
ITEM NUMBER: A-2
DATE: 02/24/15
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ITEM NUMBER: A-3
DATE: 02/24/15
Existing Molly Pitcher Microbrewery
Atascadero City Council
Staff Report – Community Development Department
Alcoholic Beverage Control (ABC) License
On/Off-site Sale of Beer and Wine
PLN 2012-1430
6760 El Camino Real
(Laprade/Molly Pitcher Brewing Company, LLC)
(Request to approve an on-site/off-site sale of beer and wine
Alcohol Beverage Control license application)
RECOMMENDATION:
Council adopt Draft Resolution A finding that a public convenience would be served by
allowing the issuance of an on-site/off-site sale of beer and wine license for the Molly
Pitcher, an existing establishment located at 6760 El Camino Real (APN 030-192-020).
DISCUSSION:
The applicant has applied, through the Department of Alcohol Beverage Control (ABC), for
an on-site sale of beer and wine at 6760 El Camino Real. Molly Pitcher Brewing Company is
an existing 49-seat microbrewery with an outdoor seating area located in the Downtown that
specializes in serving locally produced beer
that is manufactured in the adjacent building.
The applicant is seeking a type “42” license
which is defined as the sale of beer and
wine for consumption either on-site or off-
site, prohibits the sale of distilled spirits and
minors from premises. Per ABC
requirements, full meals are not required;
however sandwiches or snacks must be
made available. This license is a change
from their previous license which allows
on/off site retail beer sales only.
ITEM NUMBER: A-3
DATE: 02/24/15
The site is zoned Downtown Commercial (DC) within t he Downtown General Plan Land Use
Designation (D). This is an allowed use and encouraged within the Downtown Commercial
zoning district.
Analysis: Section 23958.4 of the Alcoholic Beverage Control Act requires the local
governing body of the area to determine that the license will serve public convenience or
necessity. This process is only required when it is found that “Undue Concentration” of
liquor licenses exists within the area. In this case, the Department of Alcoholic Beverage
Control (ABC) has determined that there is an undue concentration of liquor licenses within
the area and that a determination from the local governing body (City Council) will be
required.
The proposed site is located in census tract number 0125.02, which allows twelve (12) ABC
licenses within the area without Council review. There are currently twenty (20) licenses
existing within the census tract for on-site retail and consumption of Alcohol. The Council
review is required prior to adding any additional license to the a rea, per State Law. The site
is also more than 500 feet from any public school properties.
Staff has reviewed the request to determine that approval of this application, or conditional
approval, would not negatively influence the rate of criminal activity in the neighborhood and
that it would be compatible with the neighborhood character (Downtown Commercial). The
Atascadero Police Department has determined that the impact to public safety would be
negligible based on the consideration of the physical location of the current establishment
and the number of past calls for service.
FISCAL IMPACT:
Slight positive fiscal impact expected from additional wine sales generated from the
business.
ATTACHMENTS:
1. Location Map
2. Draft Resolution “A”
ITEM NUMBER: A-3
DATE: 02/24/15
Attachment 1: Location Map, 6760 El Camino Real
6760 El Camino Real
ITEM NUMBER: A-3
DATE: 02/24/15
Attachment 2: Draft Resolution A
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A
PUBLIC CONVENIENCE WILL BE SERVED BY ALLOWING THE
ISSUANCE OF AN EXPANDED ALCOHOL LICENSE AT
6760 EL CAMINO REAL
ON APN 030-192-020
(Laprade/Molly Pitcher Brewing Company, LLC)
WHEREAS, an application has been received from Wayne Laprade (12680 San Cayetano
Road, Atascadero, CA 93422) Property Owner, and Molly Pitcher Brewing Company, LLC (6760 El
Camino Real, Atascadero, CA 93422) Applicant, to request that the City Council make a finding of
public convenience or necessity to allow the Department of Alcohol Beverage Control (ABC) to
issue a Type 42 beer and wine on/off site sales license at 6760 El Camino Real, (APN 030-192-020);
and,
WHEREAS, the sites current General Plan Designation is D (Downtown); and,
WHEREAS, the sites current Zoning Designation is DC (Downtown Commercial); and,
WHEREAS, eating and drinking establishments that sell beer and wine are consistent with
the zoning district and the City’s Downtown Revitalization Goals; and,
WHEREAS, the Atascadero Police Department has reviewed the application and does not
foresee any significant public safety issue related to the requested license; and,
WHEREAS, the license is requested at a site that is located more than 500 feet from public
school property; and,
WHEREAS, the City Council of the City of Atascadero considered the requested application
at a public meeting on February 24, 2015; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby determines that a
public convenience will be served by the issuance of a Type 42 on/off-site sale beer and wine only to
Molly Pitcher Brewing Company, LLC at 6760 El Camino Real.
ITEM NUMBER: A-3
DATE: 02/24/15
On motion by Council Member ______________ and seconded by Council Member
_________________, the foregoing Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: A-4
DATE: 02/24/15
Atascadero City Council
Staff Report – Community Development Department
Community Facilities District 2005-1
Annexation No. 13
Atascadero Avenue Triangle Project
(People’s Self Help Housing)
RECOMMENDATION:
Council adopt Draft Resolution A, declaring intention to annex territory to Community
Facility District and to authorize the levy of special taxes therein – City of Atascadero
Community Facilities District 2005-1 Annexation No. 13 (Atascadero Triangle)
DISCUSSION:
Background: The City Council approved amendments to the previously approved
Atascadero Triangle Project in January 2015. The applicant, People’s Self Help
Housing, is required to annex into the City’s Community Facilities District (CFD) as a
condition to finalize its subdivision maps. Due to recent court rulings, the City’s
consultant, NBS, has advised staff that the City should adopt an “intent to annex”
resolution to ensure consistency with the Mello-Roos Community Facilities Act of 1982.
Future annexations into the City’s CFD will follow this process.
Analysis: The City of Atascadero has established a policy as part of the General Plan
that recognizes that determining the best use of land based so lely on revenues to the
City is not good public policy. The City developed its General Plan to provide a full
range of residential land uses and not simply to generate additional sales tax. Policies
of this type promote the development of quality housing p rojects but they come at a
cost. That cost is that new residential development must pay for new services that are
in addition to those currently provided. Part of the General Plan requires:
“All residential projects of 100 or more dwelling units shall b e required to prepare
a fiscal impact report prior to any discretionary approvals. The fiscal impact
report shall analyze all revenues, service costs and facilities costs associated
with a project. The City shall require the establishment of facilities di stricts
and/or maintenance districts to cover revenue shortfalls on a project.”
ITEM NUMBER: A-4
DATE: 02/24/15
The City established a Community Facilities District in 2005 consistent with this policy
and a number of projects have been annexed into the CFD as a requirement prior to
recordation of a final map. With the resolution of intent, the City and the applicant are
initiating the process of annexing the Atascadero Avenue Project (PLN 2007 -1243)
subdivision into the City’s existing CFD. Annexation was established as a condition of
approval. The applicant has submitted an application to be formally annexed into the
CFD per this condition.
The resolution establishes a date for public hearing on the annexation action on April
14, 2015 and for elections among the authorized electors to follow. There are no
registered voters in the area being annexed so the election will be a landowner vote.
Following completion of the annexation, staff anticipates levying taxes on the parcels on
which development has actually begun in the 2015-2016 tax year.
Conclusion: The Atascadero Triangle development project was conditioned to be
fiscally neutral through annexation into the CFD. Annexation into CFD 2005-1 will
satisfy the project’s conditions of approval and allow for the annexation vote to occur.
FISCAL IMPACT: None.
ALTERNATIVES:
Refer the item back to staff for additional review and analysis as directed by Council.
ATTACHMENTS:
1. Petition to Annex into CFD 2005-1 (City of Atascadero)
2. Draft Resolution A
ITEM NUMBER: A-4
DATE: 02/24/15
Attachment 1: Petition to Annex into CFD 2005-1
PETITION
(With Waivers)
Regarding Proceeding for Annexation of Territory to
Community Facilities District No. 2005-1 (Public Services)
and Related Matters
To the Honorable City Council,
City of Atascadero
6905 El Camino Real, Suite 6
Atascadero, CA 93422
Members of the Council:
This is a petition to institute proceedings to annex territory, including the
property identified and described in Exhibit "A", to Community Facilities District No.
2005-1 (Public Services) (CFD No. 2005-1) within the City of Atascadero and
related matters pursuant to the Mello-Roos Community Facilities Act of 1982,
commencing with Section 53311 of the California Government Code of the State of
California (the "Act"), and it states as follows:
1. Petitioner. This Petition is submitted by the person (the "Petitioner")
(whether one or more) identified below as or for the record owner( s) of the parcels
of land identified below (the "Property"). The undersigned warrants to the City of
Atascadero that the Petitioner is such owner, or is a legally authorized representative
of such owner(s), and that such ownership constitutes ownership of more than 10%
of the property to be annexed, described in Exhibit "A" attached hereto and more
particularly described in Section 3 herein.
2. Proceedings Requested. This Petition asks that the City Council
undertake proceedings under the Act to annex territory to CFD No. 2005-1 and to
levy special taxes therein for the purpose of financing all or part of the public
services (the "Services") shown in Exhibit "B" attached hereto and made a part
hereof.
3. Boundaries. This Petition asks that the territory, to be included in the
boundaries of the annexation, consist of that shown on a map of the proposed
boundaries of Annexation No. 13 filed with the City Clerk of the City of Atascadero
and which map is attached hereto as Exhibit "A" and hereby made a part this
Petition and which map includes the Property.
ITEM NUMBER: A-4
DATE: 02/24/15
4. Special Taxes. The Petitioner agrees that it has reviewed and
approves the Rate and Method of Apportionment of Special Taxes attached hereto
as Exhibit "C" and made a part hereof, which Rate and Method has previously
been adopted by the City Council of the City of Atascadero to be used by the City
for the levy of Special Taxes in CFD No. 2005-1 and any future annexations to
CFD No. 2005-1 to pay for the Services.
5. Election. The Petitioner asks that the special election to be held under
the Act, to authorize the special taxes and to establish any appropriations limits for
Annexation No. 13, be conducted by the City of Atascadero and its officials, using a
mailed or hand-delivered ballot and that such ballot be canvassed and the results
certified at the same meeting of the City Council for the public hearing for Annexation
No. 13 to CFD No. 2005-1 under the Act or as soon thereafter as possible.
6. Waivers. To expedite the completion of the proceedings for Annexation
No. 13 to CFD No. 2005-1, the Petitioner waives all notices of hearing and all
published notices regarding the annexation of territory of Annexation No. 13 to CFD
No. 2005-1, notices of election, applicable waiting periods under the Act for the
election and all ballot arguments and analysis for the election , it being acknowledged
by the Petitioner that all such notices are for the benefit of the Petitioner and may be
waived. The Petitioner agrees to timely complete and return a consent and waiver to
be provided to Petitioner by the City of Atascadero in order to expedite such
proceedings.
7. Authority Warranted. The Petitioner warrants to the City of Atascadero
that presentation of Petition, any waivers contained herein, casting of ballots at the
property owner election and other actions mandated by the City of Atascadero to
annex Annexation No. 13 to CFD No. 2005-1 shall not constitute or be construed as
events of default or delinquencies under any existing or proposed financing
documents entered into or to be entered into by the Petitioner for the Property,
including any "due-on-encumbrance" clauses under any existing security instruments
secured by the Property. If requested by the City of Atascadero, the Petitioner agrees,
at its expense, to supply to the City of Atascadero, current title evidence so that the
City of Atascadero may supply any notice and ballot required under the Act to annex
Annexation No. 13 to CFD No. 2005-1.
8. Due-Diligence and Disclosures. The Petitioner agrees to cooperate
with the City of Atascadero, its attorneys and consultants, and provide all
information and disclosures required by the City of Atascadero about the Special
Taxes to purchasers of the Property or any part of it.
9. Agreements. The Petitioner further agrees to execute such additional or
supplemental agreements as may be required by the City of Atascadero to provide
for any of the actions and conditions under this Petition, including any amount of
cash deposit required to pay for the City of Atascadero's costs to annex Annexation
ITEM NUMBER: A-4
DATE: 02/24/15
No. 13 to CFD No. 2005-1. By executing this Petition, the Petitioner agrees to all of
the above.
The Property is San Luis Obispo
County Assessor Parcel No( s):
030-283-008
030-283-007
The Petitioner (record owner) is:
People's Self Help Housing
Corporation
and the Property contains a total
of 1.90 acres. By:
___________________________________
The address of the above for receiving any
notice and ballot is:
3533 Empleo Street
San Luis Obispo, Ca 93401
ITEM NUMBER: A-4
DATE: 02/24/15
EXHIBIT A
ANNEXATION MAP
ITEM NUMBER: A-4
DATE: 02/24/15
EXHIBIT B
DESCRIPTION OF SERVICES
POLICE AND FIRE SERVICES
Police services and fire protection and suppression services (the "Services") of the City
Atascadero required to sustain the service delivery capability for emergency and non-
emergency services to new growth areas of the City of Atascadero, including but not
limited to, related facilities, equipment, vehicles, ambulances and paramedics, fire
apparatus, services, supplies and personnel: provided, however, that any increases in
special taxes for costs related to employee wages and benefits shall be limited as
provided the Rate Method of Apportionment of Special to fund such Services.
PARK SERVICE
Park services of the City of Atascadero required for the operation and maintenance of
public parks.
ITEM NUMBER: A-4
DATE: 02/24/15
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero
("CFD") shall be levied on all Assessor's Parcels in the CFD and collected each Fiscal Year commencing
in Fiscal Year 2005-06 in an amount determined by the City through the application of the rate and
method of apportionm ent of the Special Tax set forth below. All of the real property in the CFD, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable final subdivision map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of
the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead costs
of City employees whose duties are directly related to administration of the CFD and the fees of
consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax
rolls, preparation of required reports; and any other costs required to administer the CFD as determined
by the City.
"Affordable Unit(s)" means dwelling units located on one or more Assessor’s Parcels of Residential
Property that are subject to deed restrictions, resale restrictions, and /or regulatory agreements recorded
in favor of the City providing for aff ordable housing. Affordable Units will require annual application to the
City for verification of their affordable housing status. The City will have the authority to approve and
establish policies regarding Affordable Housing Dwelling Units and their status.
Affordable dwelling units shall be classified as Affordable Units by the CFD Administrator in the
chronological order in which the building permits for such property are issued.
"Annual Escalation Factor" means the greater of, five percent (5%) or the annual percentage change in
the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area.
"Approved Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final Map
recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for
which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the
Special Tax is being levied. The term "Approved Property" shall apply only to Assessors’ Parcels and/or
Lots, which have been subdivided for the purpose of residential or commercial development, excluding
ITEM NUMBER: A-4
DATE: 02/24/15
any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or
maps available to the CFD Administrator.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned
assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2006.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement and providing for the levy and collection of the Special T axes.
"CFD" means Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero.
"Cit y" means the City of Atascadero.
"Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD.
"County" means the County of San Luis Obispo, California.
"Developed Propert y" means all Taxable Property, exclusive of Property Owner Association Property,
or Public Property, for which a building permit was issued after July 1, 2004 a nd prior to May 1st
preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final
map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the
County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table 1.
"Lot" means property within a recorded Final Map identified by a lot number for which a building permit
has been issued or may potentially be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C
below that can be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
"Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a building
permit has been issued for a residential structure consisting of two or more residential units that share
common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, apartment
units, and secondary units as defined in Ordinance No. 454.
"Non-Residential Propert y" means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for a non- residential use and does not contain any residential units as defined
under Residential Property or Multi-Family Property.
"Park Services" means the estimated and reasonable costs for maintaining authorized parks within the
City.
"Property Owner Association Property" means any property within the boundaries of the CFD that is
owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a
property owner association, including any master or sub-association.
ITEM NUMBER: A-4
DATE: 02/24/15
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maxim um
Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
"Public Propert y" means any property within the boundaries of the CFD that is, at the time of the CFD
formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any
other public purpose and is owned by or irrevocably offered for dedication to the federal government, the
State, the County, the City or any other public agency.
"Public Safety Costs" means the estimated and reasonable costs of providing Public Safety services,
including but not limited to (i) the costs of contracting for police and fire services, (ii) related facilities,
equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits
of City staff if the City directly provides police and fire protection services, and (iv) City overhead costs
associated with providing such services within the CFD. The Special Tax provides only partial funding for
Public Safety.
"Residential Unit" means any residence in which a person or persons may live, which comprises an
independent facility capable of conveyance separate from adjacent residential dwelling units and is not
considered to be for commercial or industrial use. This includes Single-Family Residence and Multi-
Family Residence.
"Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of
Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be
levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay for
Public Safety Costs; (ii) pay for Park Services; (iii) pay reasona ble Administrative Expenses; (vi) pay any
amounts required to establish or replenish any reserve funds; and (v) pay for reasonably anticipated
delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal
Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not
exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property
designated by the City or CFD Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property, including an Assessor’s Parcel that is designated as a remainder parcel
and is not identified as potential Public Property by any final document and/or maps available to the CFD
Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as
Developed Property, Approved Property, Non-Residential Property, or Undeveloped Property. Developed
Property shall further be classified as Residential Units as specified in Table 1 and shall be subject to
Special Taxes pursuant to Sections C and D below.
ITEM NUMBER: A-4
DATE: 02/24/15
C. MAXIMUM SPECIAL TAX RATE
1. Developed Propert y
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Unit
1 Residential Units $440 per Unit
2 Affordable Units $0 per Unit
On each July 1 following the Base Year, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
2. Approved Property
TABLE 2
Maximum Special Tax for Approved Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Lot
3 Approved Property $231 per Lot
On each July 1 following the Base Year, the Maximum Special Tax Rate shall be increased in
accordance with the Annual Escalation Factor.
3. Non-residential Propert y
TABLE 3
Maximum Special Tax for Non-Residential Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Acre
4 Non-Residential
Property $1,848 per Acre
The minimum special tax Non-Residential Property shall be subject to is $50 per parcel. On each July
1 following the Base Year, the Maximum Special Tax Rate for Non-Residential Property shall be
increased in accordance with the Annual Escalation Factor.
4. Multiple Land Use Classes
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum
Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax le vies that
can be imposed on all Land Use Classes located on that Assessor’s Parcel.
ITEM NUMBER: A-4
DATE: 02/24/15
5. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $410 per acre or portion
thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-fourth (1/4) of
an Acre as described in Table 4.
TABLE 4
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Parcel/Acre
5 Undeveloped Property
1/4 Acre $100 per Parcel
6 Undeveloped Property
>1/4 Acre $410 per Acre
On each July 1 following the Base Year, the Maximum Special Tax Rate, for Undeveloped Property, shall
be increased in accordance with the Annual Escalation Factor
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the CFD Administrator shall
calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax
until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between
Residential Units up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax
Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal
Year on each Assessor’s Parcel of Approved Property up to 100% of the applicable Maximum Special
Tax for Approved Property. Third, if the first two steps have not satisfied the Special Tax Requirem ent,
then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Non-Residential
Property up to 100% of the applicable Maximum Special Tax for Non-Residential Property. Lastly, if the
preceding steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied
each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable
Maximum Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a
written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to
be filed with the CFD Administrator during the Fiscal Year the error is believed to have occurred. The
CFD Administrator or designee will then promptly review the appeal and, if necessary, meet with the
taxpayer. If the CFD Administrator verifies that the tax should be changed the Special Tax levy shall be
corrected and, if applicable in any case, a refund shall be granted.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may
directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the
CFD Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
ITEM NUMBER: A-4
DATE: 02/24/15
Attachment 2: Draft Resolution A
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SERVICES) AS ANNEXATION NO. 13, AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, the CITY COUNCIL of the CITY OF ATASCADERO, CALIFORNIA
(the “City Council”), has previously conducted proceedings to establish a community facilities
district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of
1982”, as amended (the “Act”), Chapter 2.5, Part 1, Division 2, Title 5, commencing at Section
53311, of the Government Code of the State of California, thereof designated as COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) (“CFD No. 2005-1”); and,
WHEREAS, the City Council has received a petition (including waivers) from the
landowner requesting that it annex into CFD No. 2005-1 under the Act, to provide for the costs
of services, and the City Council now desires to commence proceedings to annex territory into
CFD No. 2005-1 as described herein; and
WHEREAS, under the Act, this City Council, as the legislative body for CFD No. 2005 -
1, is empowered with the authority to annex territory to CFD No. 2005-1, and now desires to
undertake proceedings to annex territory to CFD No. 2005-1.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Public Convenience and Necessity. This City Council hereby determines
that the public convenience and necessity requires that territory be annexed into CFD No. 2005 -1
in order to pay the costs and expenses for the required and authorized public services.
SECTION 3. Boundaries. A general description of the territory included in the existing
CFD No. 2005-1 is hereinafter described as follows: All that property and territory as originally
included in the existing CFD No. 2005-1 heretofore recorded as Instrument No. 2005-037685 in
the office of the County Recorder for the County of San Luis Obispo on May 9, 2015 in Book 5
at Page 11-13 of Maps of Assessments and Community Facilities Districts, to which map
reference is hereby made, and as such map was amended as a result of prior annexations.
ITEM NUMBER: A-4
DATE: 02/24/15
A description of the boundaries and territory proposed to be annexed is as follows: All that
property and territory proposed to be annexed to CFD No. 2005-1, is shown on the Annexation
Map for Annexation No. 13 to CFD No. 2005 -1, on file in the Office of the City Clerk, the
boundaries of which territory are hereby preliminary approved and to which map reference is
hereby made for further particulars. The area proposed to be annexed to CFD No. 2005-1 is as
shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause
to be recorded such Annexation Map, showing the territory to be annexed, in the office of the
County Recorder of the County of San Luis Obispo within fifteen days of the date of adopti on of
this resolution.
SECTION 4. Services. The services which CFD No. 2005-1 is authorized to finance are
in addition to those provided in or required for the territory within CFD No. 2005 -1 and will not
be replacing services already available. A general description of the services to be financed is as
follows:
POLICE AND FIRE SERVICES
Police services and fire protection and suppression services (the
“Services”) of the City of Atascadero required to sustain the service
delivery capability for emergency and non-emergency services to new
growth areas of the City of Atascadero, including but not limited to,
related facilities, equipment, vehicles, ambulances and paramedics, fire
apparatus, services, supplies and personnel; provided, however, that any
increases in special taxes for costs related to employee wages and benefits
shall be limited as provided in the Rate and Method of Apportionment of
the Special Taxes to fund such Services.
PARK SERVICE
Park services of the City of Atascadero required for the operation and
maintenance of public parks.
The City of Atascadero is authorized to finance and direct administrative and incidental annual
costs and expenses necessary to provide the maintenance and servicing for public services. No
additional services will be necessary or provided in CFD No. 2005-1 and the services as
described for CFD No. 2005-1 will serve the properties within CFD No. 2005-1. It is presently
intended that the services will be provided, without preference or priority, to the existing territory
in CFD No. 2005-1 and the territory proposed to be annexed to CFD No. 2005-1.
SECTION 5. Special Taxes. It is the intention of this City Council that, except where
funds are otherwise available, a special tax sufficient to pay for said services to be provided in
CFD No. 2005-1 and Annexation No. 13, secured by recordation of a continuing lien against all
non-exempt real property in Annexation No. 13, will be levied annually within the boundaries of
Annexation No. 13 from and after the annexation of such property to CFD No. 2005-1. The
special taxes shall be those as originally authorized through the formation of CFD No. 2005-1
ITEM NUMBER: A-4
DATE: 02/24/15
and adopted by Ordinance of this legislative body, and no changes or modifications are proposed
in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.
For particulars as to the rate and method of apportionment of the proposed special tax (the
“RMA”), reference is made to the attached and incorporated Exhibit “B,” which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within
Annexation No. 13 to clearly estimate the maximum annual amount that said person will have to
pay on said special tax.
The special taxes, to the extent possible, shall be collected in the same manner as ad valorem
property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency as applicable for ad valorem taxes; provided, however, CFD No. 2005-1
may utilize a direct billing procedure for any special taxes that cannot be collected on the County
tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different
manner if necessary to meet its financial obligations.
SECTION 6. Public Hearing. Notice is given that on Tuesday, April 14, 2015, at 6:00
p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City
Council at the City of Atascadero, City Hall Council Chambers, 6500 Palma Ave, Atascadero,
California, and the same are hereby appointed and fixed as the time and place when and where
this City Council, as legislative body for CFD No. 2005-1, will conduct a public hearing on the
annexation of territory to CFD No. 2005-1, and consider and finally determine whether the
public interest, convenience and necessity require said annexation of territory to the CFD No.
2005-1and the levy of said special tax therein.
SECTION 7. Notice. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper of general circulation in the area of
CFD No. 2005-1, including the area to be annexed to CFD No. 2005-1. The publication of the
notice shall be completed at least seven days before the date herein set for said hearing. The City
Clerk may also cause a copy of such notice to be mailed to the registered voters and land owners
within the territory proposed to annexed, which shall be mailed at least fifteen days before the
date of said hearing.
ITEM NUMBER: A-4
DATE: 02/24/15
On motion by Council Member __________________ and seconded by Council Member
_____________________, the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: _______________________________
Tom O’Malley, Mayor
Attest:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: A-4
DATE: 02/24/15
EXHIBIT “A”
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 13
ANNEXATION MAP
ITEM NUMBER: A-4
DATE: 02/24/15
ITEM NUMBER: A-4
DATE: 02/24/15
EXHIBIT “B”
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 13
RATE AND METHOD OF APPORTIONMENT
ITEM NUMBER: A-4
DATE: 02/24/15
OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero
("CFD") shall be levied on all Assessor's Parcels in the CFD and collected each Fiscal Year commencing
in Fiscal Year 2005-06 in an amount determined by the City through the application of the rate and
method of apportionm ent of the Special Tax set forth below. All of the real property in the CFD, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable final subdivision map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of
the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead costs
of City employees whose duties are directly related to administration of the CFD and the fees of
consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax
rolls, preparation of required reports; and any other costs required to administer the CFD as determined
by the City.
"Affordable Unit(s)" means dwelling units located on one or more Assessor’s Parcels of Residential
Property that are subject to deed restrictions, resale restrictions, and /or regulatory agreements recorded
in favor of the City providing for aff ordable housing. Affordable Units will require annual application to the
City for verification of their affordable housing status. The City will have the authority to approve and
establish policies regarding Affordable Housing Dwelling Units and their status.
Affordable dwelling units shall be classified as Affordable Units by the CFD Administrator in the
chronological order in which the building permits for such property are issued.
"Annual Escalation Factor" means the greater of, five percent (5%) or the annual percentage change in
the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area.
"Approved Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final Map
recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for
which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the
Special Tax is being levied. The term "Approved Property" shall apply only to Assessors’ Parcels and/or
Lots, which have been subdivided for the purpose of residential or commercial development, excluding
any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or
maps available to the CFD Administrator.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned
assessor's parcel number.
ITEM NUMBER: A-4
DATE: 02/24/15
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2006.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement and providing for the levy and collection of the Special T axes.
"CFD" means Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero.
"Cit y" means the City of Atascadero.
"Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD.
"County" means the County of San Luis Obispo, California.
"Developed Propert y" means all Taxable Property, exclusive of Property Owner Association Property,
or Public Property, for which a building permit was issued after July 1, 2004 a nd prior to May 1st
preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final
map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the
County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table 1.
"Lot" means property within a recorded Final Map identified by a lot number for which a building permit
has been issued or may potentially be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C
below that can be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
"Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a building
permit has been issued for a residential structure consisting of two or more residential units that share
common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, apartment
units, and secondary units as defined in Ordinance No. 454.
"Non-Residential Propert y" means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for a non- residential use and does not contain any residential units as defined
under Residential Property or Multi-Family Property.
"Park Services" means the estimated and reasonable costs for maintaining authorized parks within the
City.
"Property Owner Association Property" means any property within the boundaries of the CFD that is
owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a
property owner association, including any master or sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maxim um
Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
"Public Propert y" means any property within the boundaries of the CFD that is, at the time of the CFD
formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any
ITEM NUMBER: A-4
DATE: 02/24/15
other public purpose and is owned by or irrevocably offered for dedication to the federal government, the
State, the County, the City or any other public agency.
"Public Safety Costs" means the estimated and reasonable costs of providing Public Safety services,
including but not limited to (i) the costs of contracting for police and fire services, (ii) related facilities,
equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits
of City staff if the City directly provides police and fire protection services, and (iv) City overhead costs
associated with providing such services within the CFD. The Special Tax provides only partial funding for
Public Safety.
"Residential Unit" means any residence in which a person or persons may live, which comprises an
independent facility capable of conveyance separate from adjacent residential dwelling units and is not
considered to be for commercial or industrial use. This includes Single-Family Residence and Multi-
Family Residence.
"Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of
Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be
levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay for
Public Safety Costs; (ii) pay for Park Services; (iii) pay reasona ble Administrative Expenses; (vi) pay any
amounts required to establish or replenish any reserve funds; and (v) pay for reasonably anticipated
delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal
Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not
exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, (ii) Property Owner Ass ociation Property, and (iii) property
designated by the City or CFD Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property, including an Assessor’s Parcel that is designated as a remainder parcel
and is not identified as potential Public Property by any final document and/or maps available to the CFD
Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as
Developed Property, Approved Property, Non-Residential Property, or Undeveloped Property. Developed
Property shall further be classified as Residential Units as specified in Table 1 and shall be subject to
Special Taxes pursuant to Sections C and D below.
ITEM NUMBER: A-4
DATE: 02/24/15
C. MAXIMUM SPECIAL TAX RATE
1. Developed Propert y
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Unit
1 Residential Units $440 per Unit
2 Affordable Units $0 per Unit
On each July 1 following the Base Year, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
2. Approved Property
TABLE 2
Maximum Special Tax for Approved Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Lot
3 Approved Property $231 per Lot
On each July 1 following the Base Year, the Maximum Special Tax Rate shall be increased in
accordance with the Annual Escalation Factor.
3. Non-residential Propert y
TABLE 3
Maximum Special Tax for Non-Residential Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Acre
4 Non-Residential
Property $1,848 per Acre
The minimum special tax Non-Residential Property shall be subject to is $50 per parcel. On each July
1 following the Base Year, the Maximum Special Tax Rate for Non-Residential Property shall be
increased in accordance with the Annual Escalation Factor.
4. Multiple Land Use Classes
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum
Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax le vies that
can be imposed on all Land Use Classes located on that Assessor’s Parcel.
ITEM NUMBER: A-4
DATE: 02/24/15
5. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $410 per acre or portion
thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-fourth (1/4) of
an Acre as described in Table 4.
TABLE 4
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1 (Public Services)
Land Use
Class Description
Maximum Special Tax
Per Parcel/Acre
5 Undeveloped Property
1/4 Acre $100 per Parcel
6 Undeveloped Property
>1/4 Acre $410 per Acre
On each July 1 following the Base Year, the Maximum Special Tax Rate, for Undeveloped Property, shall
be increased in accordance with the Annual Escalation Factor
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the CFD Administrator shall
calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax
until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between
Residential Units up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax
Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal
Year on each Assessor’s Parcel of Approved Property up to 100% of the applicable Maximum Special
Tax for Approved Property. Third, if the first two steps have not satisfied the Special Tax Requirem ent,
then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Non-Residential
Property up to 100% of the applicable Maximum Special Tax for Non-Residential Property. Lastly, if the
preceding steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied
each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable
Maximum Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a
written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to
be filed with the CFD Administrator during the Fiscal Year the error is believed to have occurred. The
CFD Administrator or designee will then promptly review the appeal and, if necessary, meet with the
taxpayer. If the CFD Administrator verifies that the tax should be changed the Special Tax levy shall be
corrected and, if applicable in any case, a refund shall be granted.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may
directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the
CFD Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
ITEM NUMBER: B-1
DATE: 02/24/15
Atascadero City Council
Staff Report – Administrative Services Department
Amendments and Additions to Fee Schedule
RECOMMENDATION:
Council adopt Draft Resolution A, amending certain fees in the Schedule of Fees and
Charges for City Services, specifically related to:
Reducing Building Permit fees for commercial sign permits for a period of 18
months commencing on March 1, 2015; and
Reducing Signage Administrative Use Permit fees for commercial sign permit
fees for a period of 18 months commencing on March 1, 2015; and
Adding Administrative Fees for Concealed Carry Weapons Licensing.
DISCUSSION:
Background: The City offers a variety of services to the community which are funded in
part by fees paid by the users. The California Government Code a llows the City to
charge fees to recipients of certain services to recover “costs reasonably borne” by the
City in providing those services. In May 2014, an updated Fee Schedule was adopted
by the Council to more accurately reflect costs of providing City services. At its January
27, 2015 meeting the Council approved a signage cleanup strategy which called for
reducing certain fees related to sign permits. In addition to the policy change, the
Sherriff’s office has recently changed its policy so that it will no longer process
concealed carry weapons (CCW) licenses for residents inside incorporated City limits.
Staff is recommending the reduction of certain commercial sign related fees and the
addition of fees for concealed carry weapons licensing in order to accommodate these
changes.
Commercial Sign Fees
As part of the City Council’s 2014 Strategic Planning process, the Council discussed the
appearance of the City’s commercial district. At the February 11, 2014 City Council
meeting, the Council agreed that the appearance of the commercial district along El
Camino Real needs to be improved and that temporary and un-permitted signs are a
concern.
ITEM NUMBER: B-1
DATE: 02/24/15
The Council tasked staff with developing a program to improve the appearance of
commercial signage. In partnership with the Atascadero Chamber of Commerce, a
team and strategy were put together to address commercial signage. The team’s
strategy involved building a “Good for Business” outreach message that focused on
education and outreach programs over 2014.
Some of the program highlights included:
Sign Company Outreach Meetings (June 2014)
City staff and Chamber members met with three local sign companies to discuss
permitting issues.
Business Walk Outreach to All El Camino Real Businesses (September 2014)
The Chamber created the Business Walk as an outreach program where every
business on El Camino Real could be contacted in a single day. There were 475
businesses that were visited and 350 surveys were completed about the
business climate and the signage issues.
Business Appearance Workshop Meeting with Pierre Rademaker (October 2014)
Following the Business Walk, the City and Chamber hosted a business
appearance workshop at the Galaxy Theater. The workshop included the results
of the Business Walk and a business appearance and signage presentation by
Pierre Rademaker.
Analysis: One of the concerns that came out of the 2014 outreach effort was the cost of
building permits for signs. A typical sign permit costs about $450. This fee is a
disincentive to local businesses to install permanent signs. Last year, the City only
issued 15 commercial sign permits, which likely indicates signs were installed without
permits. Businesses that need an exception to the Sign Ordinance are required to
obtain a Signage Administrative Use Permit (AUP) which cost $665 plus noticing fees.
Businesses rarely follow the City’s sign exception process, primarily due to the costs
involved.
Staff recommends a temporary 18-month reduction of all commercial sign permits to a
$50 flat fee and all Signage Administrative Use Permit fees for commercial sign permits
to a flat fee of $100. The proposed period of fee reductions begins March 1, 2015 and
ends August 31, 2016. Fees for all other types of Administrative Use Permits would not
change.
Concealed Carry Weapons
Another fee, unrelated to commercial sign permits, is proposed to be added to the City’s
current fee schedule. San Luis Obispo Sheriff’s Department terminated the agreement
with the Atascadero Police Department to process Concealed Carry Weapons (CCW)
Licenses effective February 15, 2015. The Atascadero Police Department is now
responsible for the processing of all requests from that date forward. State law allows
Police Departments to charge the applicant for the cost of processing a new CCW
ITEM NUMBER: B-1
DATE: 02/24/15
License application up to a maximum of $100. Renewal applications may be charged a
fee of $25, and amendments to existing applications may be charged $10. In addition,
the applicant would be responsible for all State and Federal agency fees related to their
CCW application. Staff is proposing to add the $100 CCW application fee, $25 CCW
renewal fee, and $10 CCW amendment fee to the Fee Schedule.
The Police Department will bring the issue of CCW licenses before the City Council at
the March 10, 2015, meeting to explain the process and legal requirements related to
CCW applications.
FISCAL IMPACT:
The proposed Commercial Sign Program will reduce permitting revenues and increase
staff workloads. Commercial Sign Permit fees would be reduced by about $400 each
and the Signage Administrative Use Permit fees would be reduced by about $565 each.
Based on the number of permits issued last fiscal year, this could be a reduction in
General Fund Revenue in the range of $7,000-$12,000. This amount will vary
depending on the level of permits requested . However, the long term financial benefit of
improving the commercial districts and making it more competitive with surrounding
communities is expected to result in an ongoing financial benefit to the City.
The addition of Concealed Carry Weapons License fees would increase staff workloads
and increase General Fund service revenues by $100 per application. Application
activity is not expected to exceed 50 per year.
ALTERNATIVES:
Council may adjust any of the proposed fees.
Council may refer the item back to staff for additional analysis.
Council may decide to take no action.
ATTACHMENT:
1. Draft Resolution including an exhibit with the amended fees.
ITEM NUMBER: B-1
DATE: 02/24/15
ATTACHMENT: 1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING CERTAIN FEES IN THE
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES,
SPECIFICALLY RELATED TO COMMERCIAL SIGN PERMITS AND
CONCEALED CARRY WEAPONS LICENSING
WHEREAS, the City of Atascadero, in partnership with the Atascadero Chamber of
Commerce and the City’s business community, was interested in a program to improve the
appearance of commercial signage along El Camino Real; and,
WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce, have
conducted an extensive business outreach to all El Camino Real businesses in Atascadero; and,
WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce, have
conducted sign company outreach meetings to discuss permitting issues; and,
WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce held a
business appearance workshop with a presentation by Pierre Rademaker on business appearance
and signage; and,
WHEREAS, the City and the Atascadero Chamber of Commerce aspire to maintain a
positive, business-friendly approach to improving the appearance of commercial signage along
El Camino Real; and,
WHEREAS, at the January 27, 2015 City Council meeting, the City Council decided to
reduce building permits for commercial sign permits for a period of 18 months commencing on
March 1, 2015 and ending on August 31, 2016; and,
WHEREAS, at the January 27, 2015 City Council meeting, the City Council decided to
reduce the Signage Administrative Use Permit fee for commercial sign permits for a period of 18
months commencing on March 1, 2015 and ending on August 31, 2016; and,
WHEREAS, the San Luis Obispo Sheriff’s Department terminated the agreement with
the Atascadero Police Department to process Concealed Carry Weapons Licenses effective
February 15, 2015; and,
WHEREAS, the Atascadero Police Department is now responsible for the processing of
all requests for Concealed Carry Weapons Licenses as of February 15, 2015; and,
WHEREAS, California Penal Code Section 26190 allows the licensing authority of any
city to charge fees for processing the application for a new, renewed, or amended Concealed
Carry Weapons License; and,
ITEM NUMBER: B-1
DATE: 02/24/15
ATTACHMENT: 1
WHEREAS, pursuant to Government Code sections 66016 and 66018, the enactment or
increase in any fees to be charged for services must be adopted by the City Council by ordinance
or resolution, after providing notice and holding a public hearing; and,
WHEREAS, the City Council finds that the fee schedule detailed in Exhibit A attached
hereto is consistent with the City of Atascadero General Plan; and,
WHEREAS, pursuant to Government Code sections 66016 and 66018, the data required
to be made available to the public prior to increasing the amount of the fees by this resolution
was made available for public review at least 10 days prior to February 24, 2015; and,
WHEREAS, pursuant to Government Code sections 66014, 66106, 66018 and 6062a,
notice of a public hearing on the increase to the amount of fees was publ ished in the Atascadero
News twice, with at least five days intervening the two publications, commencing at least ten
days prior to the date of this meeting; and,
WHEREAS, a duly noticed public hearing before the City Council was held on February
24, 2015, at which public testimony was received and duly considered on the proposed fees; and,
WHEREAS, the City Council has previously adopted Resolution No. 2014-028 setting
forth such fees, and desires to amend that resolution, without rescinding said adoption, with
certain fees as detailed in Exhibit A; and,
WHEREAS, the amount of the Fees do not exceed the true cost of providing the
services; and,
WHEREAS, the increase to the amount of the fees is not a “project” subject to the
California Environmental Quality Act because it is a funding mechanism having no physical
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council
so finds and determines.
SECTION 2. Establishment of the Temporary Fees. The temporary fees are hereby
established in the amounts and time periods detailed in Exhibit A.
SECTION 3. Collection of the Fees. The fees levied pursuant to this resolution shall be
paid to the City either at the time the service is requested or required or shall, in certain cases, be
advanced to the City in the form of an advance deposit.
SECTION 4. Constitutionality. If any portion of this Resolution is declared invalid or
unconstitutional then it is the intention of the City Council to have passed the entire Resolution
and all its component parts, and all other sections of this Resolution shall remain in full force and
effect.
ITEM NUMBER: B-1
DATE: 02/24/15
ATTACHMENT: 1
SECTION 5. Repealer. All resolutions and other actions of the City Council in conflict
with the contents of this Resolution are hereby repealed.
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
Ref #Fee Name Previously Adopted Fees Proposed Fee Change in fees
14-001 SIGNAGE ADMINISTRATIVE USE
PERMIT REVIEW $665 per application $100 per application for period
March 1, 2015 - August 31, 2016
$565 per application reduction during the period
March 1, 2015 - August 31, 2016. Cost will revert to
$665 per application on September 1, 2016.
14-041D EXPRESS SIGN PERMIT $450 per permit + 2.85% for document imaging $50 per permit for period
March 1, 2015 - August 31, 2016
$400 + document imaging fee per permit reduction
during the period March 1, 2015 - August 31, 2016.
Cost will revert to $450 per permit + 2.85% document
imaging on September 1, 2016.
POLICE
COMMUNITY DEVELOPMENT
Proposed Effective date February 25, 2015
EXHIBIT A
14-082 CONCEALED CARRY WEAPON
LICENSING New fee.
$100 CCW license application fee-
$20 of license application fee is due
with application (non-refundable)
$80 of license application fee is due
upon issuance of license
$25 CCW license renewal fee
$10 CCW license amendment fee
+ applicable State and Federal agency fees
New fee.
DRAFT FEE SCHEDULE
ITEM NUMBER: B-1
DATE: 02/24/15
ATTACHMENT: 1
EXHIBIT: A
ITEM NUMBER: C-1
DATE: 02/24/15
Atascadero City Council
Staff Report – Public Works Department
Authorize Preliminary Engineering for the Santa Lucia Road Bridge
Over Graves Creek and the Via Avenue Bridge Over Atascadero Creek
RECOMMENDATIONS:
Council:
1. Authorize staff to implement the preliminary engineering phase to replace the
Santa Lucia Road Bridge over Graves Creek using Local Highway Bridge
Replacement and Rehabilitation Program (HBRR) grant funds; and,
2. Authorize staff to implement the preliminary engineering phase to rehabilitate (or
replace) the Via Avenue Bridge over Atascadero Creek with Local Highway
Bridge Replacement and Rehabilitation Program (HBRR) grant funds; and,
3. Authorize the Director of Administration Services Director to appropriate up to
$45,000 of Local Transportation Funds for the 11.47% participating match for
HBRRP funds for preliminary engineering of the Via Avenue Bridge.
DISCUSSION:
The City of Atascadero has 19 bridges under its jurisdiction to operate, maintain, and
manage. Caltrans provides periodic routine bridge inspections for local agencies which
determine Sufficiency Ratings (SR) that include status flags for Structural Deficient (SD)
and/or Functionally Obsolete (FO) conditions. A bridge flagged as structurally deficient
indicates that the bridge can no longer handle the load capacity it is subjected to. A
bridge flagged as functionally obsolete indicates that the bridge does not me et modern
design standards related to width, barrier railing design, and other design elements.
Caltrans last performed bridge inspections for Atascadero in 2013. The inspections
resulted in two bridges under the City’s jurisdiction that are eligible for HBRR Funding:
Santa Lucia Road Bridge over Graves Creek
Via Avenue Bridge over Atascadero Creek
ITEM NUMBER: C-1
DATE: 02/24/15
In March 2014, staff (with assistance of Quincy Engineering) applied for Local Highway
Bridge Replacement and Rehabilitation Program (HBRR) funding for the two bridges.
The HBRR Program is a Federal Highway Administration (FHWA) safety program
administered by Caltrans that assists local agencies with replacing and rehabilitating
publicly owned bridges. The allocation of HBRR funds to local agency projects is
through a 10-year programming plan that makes these funds available on the Federal
Statewide Transportation Improvement Program (FSTIP). San Luis Obispo Council of
Governments (SLOCOG) made a request to Caltrans to amend the 2013 STIP to
include the two bridges, and the City was recently notified that both grant applications
were approved for HBRRP funding.
About $300 million of federal funds are made available to local agencies annually
through the HBRR Program, with a federal reimbursement rate of 88.53% of the eligible
participating project costs including preliminary engineering, right-of-way, and
construction costs. Bridge reconstruction or replacements on public roads off federal
aid highways are eligible for 100% reimbursement.
Santa Lucia Road Bridge over Graves Creek (SR=41.2):
The Santa Lucia Road Bridge over Graves Creek (near Llano Road) was built in 1926
with an overall length of 45 feet. This bridge is eligible for HBRR Funding because it is
too narrow for the current Average Daily Traffic (ADT) of less than 400 vehicles and
functionally obsolete due to deficiencies in deck geometry, railings, and guardrails . This
bridge is proposed to be replaced with a two-lane, single span bridge at a preliminary
total project cost of $1,564,200. Santa Lucia Road has an “urban, local” functional
roadway classification and is considered “off” the federal highway system; therefore, the
eligible costs are covered 100% by HBRR Program funds through the use of toll credits.
The design phase and right of way acquisition (if needed) is expected to tak e two to
three years, with project construction scheduled for 2019.
Via Avenue Bridge over Atascadero Creek (SR=51.4 *):
The Via Avenue Bridge over Atascadero Creek (between Traffic Way and Ensenada
Avenue) was built in 1948 with an overall length of 77 feet. This bridge is eligible for
HBRR funding because it is too narrow for the current Average Daily Traffic (ADT) of
2,000 vehicles and is flagged as functionally obsolete due to deficiencies in deck
geometry, railings, and guardrails. The proposed rehabilitation includes widening the
deck from 22.6 to 42.8 feet and other upgrades at a total project cost of $2,223,600.
Via Avenue has an “urban, collector” functional roadway classification and is considered
“on” the federal highway system, therefore, the eligible costs are expected to be funded
88.53% by HBRR funds with the remaining 11.47% or $255,047 covered by the City
match. The timing for the Via Avenue Bridge project is expected to be similar to that of
the Santa Lucia Bridge Project.
Rehabilitation of the Via Avenue Bridge is expected to eliminate the existing Via Avenue
Bridge weight restrictions that prohibit fire engines and other common trucks to cross,
as well as allowing pedestrian and bicyclists to safely cross both bridges.
Next Steps:
Caltrans requires the City to submit a Request for Authorization to Proceed with
Preliminary Engineering documents to secure HBRR funding and begin the preliminary
ITEM NUMBER: C-1
DATE: 02/24/15
engineering phase of the project. Staff will then issue Request for Proposals (RFPs) to
qualified engineering firms in accordance with HBRR requirements. Preliminary
engineering work will occur over the next few years and includes environmental, design,
plans and specifications, project issues, and other work in obtaining the necessary
approvals to ready the project for construction (estimated 2019). Preliminary
engineering costs for each bridge project are estimated at $375,000. The City is
required to cover 11.47% of the costs for the Via Avenue project only which equates to
$43,013 which will be spent over the next three years.
Regular updates will be provided to the City Council throughout the preliminary
engineering phase, including the SR status of Via Avenue Bridge if bridge replacement
is recommended in lieu of rehabilitation.
This is a rare opportunity to rehabilitate our bridges that will serve the community for
many years to come at a fraction of the total project costs. Due to the unique
opportunity being afforded to us at this time and in order to capitalize on this grant
funding opportunity, these projects will need to be moved from their current prioritization
up to the top of our project priority list.
FISCAL IMPACT:
The fiscal impact of staff’s recommendations is estimated to total $45,000 of Local
Transportation Funds. This investment will be matched by $705,000 in HBRR monies
for preliminary engineering. A future consideration by City Council to move forward with
construction will provide an estimated $2,827,753 in HBRR funds with an estimated
local match of $225,000. The City share of these costs are entirely attributed to the Via
Avenue Bridge. No costs are related to replacing the Santa Lucia Road Bridge.
ALTERNATIVES:
1. Council may reject staff’s request for authorization to begin the replacement or
retrofit design of the Santa Lucia and Via Avenue Bridges.
This action is not recommended since both bridges need rehabilitation /
reconstruction. In addition, we have a unique Federal funding opportunity being
afforded to us at this time, requiring no match from the City for the Santa Lucia
Bridge and only an 11.47% match for the Via Avenue Bridge.
2. Council may reject staff’s recommendation to provide a match for the Via Avenue
Bridge and only direct staff to move forward with the Santa Lucia Avenue Bridge
replacement which is fully funded and requires no matching funds from the City.
This action is not recommended as the Via Bridge needs rehabilitation or
replacement and has had recent weight limits imposed, which further impair its use.
The Via Bridge project requires only an 11.47% match from the City, with the
remaining portion being Federally funded.
ATTACHMENTS:
None
ITEM NUMBER: C-2
DATE: 02/24/15
Atascadero City Council ____________
Staff Report - City Manager
Resolution Relating to the Formation of the
Citizens’ Oversight Committee for the
Implementation of the
Transaction & Use Tax Ordinance
RECOMMENDATION:
City Council adopt Draft Resolution relating to the formation of the Citizens’ Oversight
Committee for the implementation of the Transaction & Use Tax Ordinance (Ordinance
No. 581)
DISCUSSION:
On November 4, 2014 the voters of Atascadero approved a general 0.5% sales tax
which will go into effect on April 1, 2015. In addition , the voters also supported the
Advisory measure asking if the proceeds of the additional sales tax should go into
roads.
Prior to voting to place the sales tax measure on the ballot, Council asked staf f to reach
out to the community to inform them about the potential sales tax measure and to
gather community comments and concerns. Staff presented an informational
presentation about the City roads and the potential sales tax measure to several
community groups including Kiwanis, Chamber of Commerce Board, Rotary,
Republican Women, North County Tea Party, and Realtors. In addition, a public
community forum open to the public and advertised widely was held on June 5 , 2014.
At all of the presentations, staff answered questions and encouraged comments on both
the roads and the potential sales tax measure. Staff was also available after each of
the presentations for comments and questions. The City received some valuable input
from these meetings. As a result, Council added some key language in the sales tax
ordinance prior to placing the ordinance on the ballot.
It was clear from the public meetings that oversight was a key concern to the
community. In order to address the concerns, Council placed the fo llowing language in
the ballot measure.
ITEM NUMBER: C-2
DATE: 02/24/15
“Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a
permanent citizens’ advisory committee called the “Citizens’ Oversight
Committee” (hereafter “Committee”) which shall annually review revenues and
expenditures from the collection of the tax. The committee shall have 9
members. Seven members shall be appointed to the committee by individual
Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents o f the City; however, no member of the
Committee shall be an elected official.”
Establishing an Oversight Committee comprised of a group of citizens whose purpose is
to analyze how new tax monies are being spent is a common practice. Part of the
feedback received at the public meetings indicated that they wanted to see an Oversight
Committee that is not dominated by City Council appointments, but rather by the
community. As such, the Ordinance states that the Committee would consist of two
Council appointed members (citizens at large) and 7 members appointed by individual
community groups (ie: Chamber of Commerce, Kiwanis, etc.). The Council must now
set rules and guidelines for how the community groups will be selected.
Community Group Appointments
As stated earlier, public input indicated that they would like to see this Committee be as
independent as possible. In order to foster this independence, the attached resolution
calls for the City Manager to coordinate a meeting of interested community groups . At
the meeting, the community groups themselves would determine the process by which
interested community groups are selected to appoint members to the Committee.
Those representatives of community groups that attend the meeting will be responsible
for making the decisions regarding the appointments.
Council Appointments
The resolution also calls for Council to direct staff to advertise for the two Council -
appointed openings on the Committee. Similar to the process for at large Planning
Commissioners, interested individuals would apply for the positions and Council would
interview applicants, selecting two individuals to be on the Oversight Committee
Bylaws
Once the Committee is in place, the Oversight Committee would adopt Bylaws setting
the place & manner of the meetings. The Bylaws also set forth the membership of the
Committee and the terms of the appointed Committee members. Lastly the Bylaws set
forth the powers of the Committee.
Powers
The powers of the Committee are set by the Sales Tax Ordinance itself and will be
reiterated in the Committee’s Bylaws. As stated in Section 14 of the Ordinance, the
Committee shall annually review revenues and expenditures from the collection of the
tax. Section 15 of the Ordinance calls for an Annual Road Report to be prepared and
ITEM NUMBER: C-2
DATE: 02/24/15
for the Citizen Oversight Committee to review the report and submit their findings and
conclusions to the City Council.
The Ordinance does not give the Committee the power to select the projects, nor does it
give the Committee the power to budget and expend funds. Those powers remain with
the Council. It is expected that staff will educate the Committee on the City’s Pavement
Management System and how road repair/maintenance projects are selected; however
it will be up to Council as part of the regular budgeting process to make the final
decision as to which projects are budgeted.
FISCAL IMPACT:
There is no fiscal impact from staff’s recommendation. The proposed sales tax
measure is estimated to generate an estimated $1.7 - $2.0 million in additional annual
revenue. It is estimated that an additional 100 annual hours of staff time, plus minor
additional expenses will be required to support the Citizen Oversight Committee.
ALTERNATIVES:
1. Council may choose not to adopt the Resolution and direct staff to come back
with a modified resolution setting forth the implementation of the Citizen’s
Oversight Committee
ATTACHMENTS:
1. Draft Resolution Relating to the Formation of the Citizens’ Oversight Committee
for the Implementation of Ordinance No.581
2. Ordinance No. 581
3. June 24, 2014 Staff Report - Consideration of Sales Tax Measure
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO RELATING TO FORMATION OF THE CITIZENS’
OVERSIGHT COMMITTEE FOR THE IMPLEMENTATION OF
ORDINANCE NO. 581
WHEREAS, the voters of the City of Atascadero approved the Atascadero Transactions
and Use Tax Ordinance (“Ordinance No. 581”) on November 4, 2014 to impose a retail
transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section
7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of
Division 2; and,
WHEREAS, section 14 of Ordinance No. 581 provides that there shall be a permanent
citizens’ advisory committee called the “Citizens’ Oversight Committee” (“Committee”), which
shall annually review revenues and expenditures from the collection of the tax; and,
WHEREAS, section 14 of Ordinance No. 581 further provides that the Committee shall
have 9 members, seven of whom shall be appointed to the Committee by individual Atascadero
community groups, and two of whom shall be appointed by the City Council; and that appointees
shall be residents of the City, but no member of the Committee shall be an elected official; and,
WHEREAS, City Council desires to set forth the procedures by which the Committee
members will be selected and appointed for the proper implementation of Ordinance No. 581.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero:
Section 1. Recitals. The foregoing recitals are true and correct and the City Council so
finds and determines.
Section 2. Membership of the Committee; Community Groups. The City will seek input
from interested community groups in the City to determine which groups may be interested in
appointing the membership of the Committee, as set forth in section 14 of Ordinance No. 581.
The City Manager shall schedule and coordinate a meeting of interested community groups for
the purpose of determining the process by which interested groups appoint the membership of
the Committee. Those community groups attending the meeting will be responsible for making
all decisions regarding such appointment.
Section 3. Membership of the Committee; City Council Appointees. The City Council
hereby directs the City Manager or designee to advertise the two Council-appointed openings on
the Committee and the Council shall follow its usual and customary procedures for evaluating
and appointing interested and qualified applicants.
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 1
Section 4. Committee Bylaws and Rules of Procedure. Once formed as set forth in
Ordinance No. 581, the Committee shall adopt a set of Bylaws and Rules of Procedure to govern
its activities. If the Committee fails or refuses to do so, the City Council may adopt such Bylaws
and Rules of Procedure, but thereafter the Bylaws may be amended only by the Committee,
without further review or action by the City Council.
Section 5. Severability. If any portion of this Resolution is declared invalid or
unenforceable by a court of competent jurisdiction, then it is the intention of the City Council to
have passed the entire Resolution and all its component parts, and all other sections of this
Resolution shall remain in full force and effect.
Section 6. Effective Date. This resolution shall take effect immediately upon its
adoption.
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
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Atascadero City Council ____________
Staff Report - City Manager
Consideration of Sales Tax Measure
RECOMMENDATION:
Council introduce for first reading by title only, the Draft Ordinance imposing a
transactions and use tax to be administered by the State Board of Equalization.
REPORT-IN-BRIEF:
The maintenance, funding and condition of the City’s infrastructure, particular ly roads,
have been a critical concern of the City Council for some time. As part of the 2013 -
2015 budget, the Council allocated funds to conduct a poll to determine how potential
voters would react to a one half cent (0.5%) sales tax increase to fund infrastructure
repairs. At the February 1, 2014 Council strategic planning session, the Council
discussed critical infrastructure needs such as roads, storm drains, parks and zoo
infrastructure, and facilities infrastructure. The poll was conducted in March to gauge
citizen’s interest in the various infrastructure needs.
As we discussed during the April 22, 2014 Council meeting, overall poll results showed
there is strong community interest in a sales tax measure, particularly if the proceeds of
the sales tax were to go primarily to roads. Based on the community interest, Council
directed staff to reach out to the commun ity with an education campaign and to receive
input from the community about a potential sales tax measure for roads.
Staff presented an informational presentation about the City roads and the potential
sales tax measure to several community groups including Kiwanis, Chamber of
Commerce Board, Rotary, Republican Women, North County Tea Party, and Realtors.
In addition a public community forum open to the public and advertised widely was held
on June 5th. At all of the presentations, staff answered ques tions and encouraged
comments on both the roads and the potential sales tax measure. Staff was also
available after each of the presentations for comments and questions. Staff received
some valuable input as a result of the meetings and as a result some of the staff
recommendations have changed from the April 22, 2014 Council report.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
DISCUSSION:
Sales Tax Measure Process
Regarding increases to the sales tax rate, in order to make a change to any general tax
rate, the change must be approved by the voters. The City Council does not have the
authority to raise taxes, only to put a measure on the ballot. In order to place a tax
measure on the November 4, 2014 ballot, it takes a 2/3 vote of the City Council (at least
4 members). If passed by the Council and the electorate, the tax would be effective no
sooner than the first day of the first calendar quarter, commencing more than 110 days
after the adoption of the ordinance. Therefore, the tax would be effective no sooner
than April 1, 2015.
Proposition 218, approved in 1996, now requires that all City tax election measures be
placed on the same election when City Council Members are selected. The next
Council election is scheduled for November 4, 2014. Subsequent Council elections are
held every two years.
In order to place the local sales tax election on the next ballot the Council needs to act
prior to August 8, 2014. In order to provide staff enough time to submit the proper
paperwork, related resolutions and ordinances need to be decided during this June 24,
2014 Council meeting.
Advantages and Disadvantages of Sales Tax Measure
As with most policy actions, enacting an increase to the sales tax has advantages and
disadvantages. Some arguments in favor include:
It would generate additional revenue to assist in meeting the City’s long-term
needs, particularly road repairs;
Unlike property taxes, sales taxes are paid by a greater distribution of the
population (including homeowners, renters, businesses and tourists);
Sales taxes are paid based on consumption (those who can afford to spend more
pay more), and they are paid incrementally instead of in a lump sum;
The existing sales tax rate is currently at the legal minimum and lower than that
paid by most residents in California; and,
Because the tax is established by a vote of the local electorate, it cannot be taken
by the State.
Some arguments against include:
Additional taxes reduce the discretionary income of Atascadero residents;
Tax increases are not generally perceived positively by the citizenry and may
erode trust in local government.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
Potential Impact on Local Sales
The actual amount of proposed increase in the sales tax is minimal when compared to
the actual cost of a product sold. For example, for every $100 spent, the increase
would result in an additional $0.50 paid by the consumer. Sales tax data trends show
that an increase in the sales tax rate of one half cent has no noticeable effect on the
amount of taxable goods consumers buy. In other words, in other jurisdictions where
the sales tax has been increased, the businesses did not see a decline in sales
because the sales tax rate had been increased. HDL, our sales tax consultant, does
not believe that an increase of one half cent in the sales tax rate in Atascadero will
affect local business sales volumes.
It is estimated that a half cent sales tax would generate between $1.7 million - $2.0
million annually for Atascadero.
Sales Tax Options
If the City Council decides to move forward with a sales tax measure, it will require
decisions on the following key issues in order to draft the measure:
Amount of Increase
Staff recommends that a one half cent (0.5%) be proposed as the local sales tax
override amount. As discussed in the recent roads report, this amount is
necessary in order to produce revenue sufficient to meet the needs identified.
This increase would bring the sales tax rate up to the comparable rate to that of
the other incorporated cities in the county. Below is a comparison table of the
sales tax rate in neighboring jurisdictions.
SLO COUNTY CURRENT
SALES TAX
Arroyo Grande 8%
Atascadero 7.5%
Grover Beach 8%
Morro Bay 8%
Paso Robles 8%
Pismo Beach 8%
San Luis Obispo 8%
Unincorporated
County
7.5%
Advisory Measure
The trend in the industry for local general sales tax measures is to include an
advisory measure with the tax measure. An advisory question is a type of ballot
measure in which citizens vote on a non-binding question. This allows voters to
have a say in how the additional revenues should be spent. While the advisory
measure is not legally binding on the City, it is viewed as clear direction from the
citizens to the City Council on where the voters would like to see the funds spent.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
Staff strongly recommends an advisory measure also be placed on the ballot
stating where the funds will be spent if the measure is passed. Because repair
and maintenance of the roads polled the strongest and is the City’s biggest need,
the advisory measure should contain language stating that funds will be spent
primarily on the repair and maintenance of the City’s roadways and road
infrastructure. Based on the community input received in the last couple of
months, it is clear that some members of the community would like to see any
additional protections that the City can p ut in place to assure the public that this
general sales tax will be spent on roads.
Citizen Oversight Committee
Citizen oversight committees can also be popular with the electorate. An
oversight committee is often comprised of a group of citizens whose purpose is
to analyze how new tax monies are being spent. While some poll respondents
felt that an advisory committee added more administration, Council direction
indicates that we would establish a citizen oversight committee if the new tax is
approved.
Based on the community input received from the public during the last few
months, it is clear that an independent committee is important. Members of the
public would like to see a committee that is not dominated by City Council
appointments, but rather by the community. The draft ordinance presented
before you tonight contains language stating that the committee would consist of
two Council appointed members (citizens at large) and 7 members appointed by
individual community groups (ie, Chamber of Commerce, Kiwanis, etc.) If the
sales tax is passed by the electorate, bylaws for the committee would need to be
adopted by Council. The bylaws would clearly spell out how the community
groups appointing members of the committee would be selected.
Annual Road Report
It is important that the public be able to see where the funds are being spent in
order to give assurance that they are being spent properly. Because the tax is a
general sales tax, any proceeds from the sales tax will have to be deposited in to
the City’s general fund. Because of this, the revenues and expenditures from
this sales tax measure may be more difficult to discern in the large standard
financial reports that the City currently produces. The ordinance, therefore ,
contains language that states that the City shall produce an annual road report
that shows the fiscal year revenues from the tax, fiscal year expenditures of the
tax, and any remaining balances to be carried over into the next fiscal year. The
report will be reviewed by the Citizen Oversight Committee and then forwarded to
the City Council along with any findings or recommendations made by the
Oversight Committee. The report would also be widely distributed to the public,
through such means as the Recreation Guide, website , mailers and/or other
methods.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
Sunset Clause
Sunset clauses state that a tax measure ends or “sunsets” after a certain period
of time. Sunset clauses can be perceived as beneficial because the tax is
temporary and voters retain control over the tax. They are particularly popular
when the tax will be used for a project of limited duration or to fund one -time
expenditures. In this case, the need for the tax is an ongoing need - repair and
maintenance of the City’s roads and infrastructure. While the poll results did not
show that a sunset clause is likely to measurably increase support for the
measure, staff is now recommending that a sunset clause be added to the
measure. As part of the public outreach that staff has done in the last couple of
months, it has become clear that a sunset clause would help build public trust.
The City would collect for the sales tax for a period of time , spending the funds
as directed and then would need to place it back on the ballot in order to continue
collection of the funds.
The draft ordinance contains a 12-year sunset period. Because there is a lag
time to start the program, begin receiving funds and design the first project, the
12-year period would allow 10 years of pavement projects prior to being placed
back on the ballot for re-up. The twelve year period is the same period that
neighboring Paso Robles currently has on their “road tax” and is appropriate for a
road program.
Attachment #2 contains a table highlighting each of the sales tax measures
currently in place in the other San Luis Obispo County cities. The original ballot
language for each of those measures is provided in Attachment #3.
Ballot Language
It is important that the language placed on the ballot clearly convey the City’s intentions ,
and it should be concise. The ballot measure itself is limited to 75 words. Staff
reviewed other cities’ ballot measures, worked with a League of California Cities
representative and a volunteer political consultant to draft the language. The draft ballot
measure was reviewed by several individuals to determine if it met the “clear, concise
and correctly convey intentions” standard. Based on the recommendations, if passed
tonight, the ballot measures will read as follows:
The advisory measure would read as follows:
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited term general sales
tax increase, should the additional revenues be used for the purpose of repairing and
maintaining neighborhood roads and other roadways?
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
The ballot measure would read as follows:
MEASURE ________
To provide local funding that cannot be seized by the State, and will stay in Atascadero
to be used for such things as the repair and maintenance of neighborhood roads and
other aging roadways - Shall the City of Atascadero’s sales tax rate be temporarily
increased to include a local general sales tax of a one half cent, for a period of 12 years,
with citizen committee oversight, published annual reporting and independent financial
audits?
Pavement Maintenance Program for Sales Tax Measure
The proposed advisory measure contains language asking if the funds should be used
for “…repairing and maintaining neighborhood roads and other roadways”. During the
public outreach, there have been questions about what that would mean. Because the
advisory measure is advisory in nature and does not have an Council adopted
ordinance, there is no formally adopted definition. Council could, if the measure
passes, adopt a resolution stating what the types of things the funds would be spent on.
What does road “repairing and maintaining” mean? Road repair projects are typically
larger road projects that repair or rehabilitate the road. These projects may include cold
in-place recycling, hot-mix asphalt overlays and isolated, partial and/or full-depth road
reconstruction. Road maintenance projects are also typically large projects that are
designed to preserve those roads that are in good or fair condition. These projects may
include asphalt crack sealing, chip sealing, slurry or micro-surfacing, In this case,
“repairing and maintaining” would not include routine maintenance such as isolated
pothole repair, shoulder maintenance, vegetation control, striping projects, street crew
staffing costs or normal sign replacement. Nor would it typically include projects to
significantly widen or increase the capacity of roads, bikeways, trails or sidewalks.
What does neighborhood roads and other roadways mean? All City roads are classified
into three categories: local, collectors and arterials.
Local roads typically only serve those lots directly fronting the road and not
through traffic. These would be considered neighborhood roads and include
such roads as Tunitas Avenue, Palomar Avenue, Nogales Avenue, and
Carmelita Road.
Collector roads funnel local traffic from neighborhood roads to arterial streets.
These roads would be considered “other roadways” and would include such
roads as Santa Lucia Road, Del Rio Road, and Curbaril Avenue.
Arterial roads carry the largest amount of traffic and would also be considered
“other roadways”. Arterials include such roads as El Camino Real and Traffic
Way.
Would other costs such as drainage repairs be included? Control of surface drainage is
critical to pavement maintenance; therefore drainage repairs necessary to
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
preserve/protect/repair the surface of the road would be included in the costs of a road
repair project.
Would bridge repairs be included? Bridges are an important part of the roadway
system. A bridge structure typically lasts 50-75 years without major rehabilitation. The
asphalt/pavement on the bridge will require maintenance more often than the structure
itself. The bridge structure, however, does periodically require maintenance.
Maintaining the asphalt/pavement on the bridge structure without providing funds for
maintenance of the structure itself could eventually lead to bridge failure. The City has
historically used federal grant funds (with City matching funds) to rehabilitate bridge
structures. The City will continue to look for bridge and road grant opportunities,
potentially using the sales tax proceeds as a local match.
Will administration and overhead be charged to the projects? It is the City’s current
practice that staff time spent working directly on the project is charged to the project.
Staff time is charged for such things as design, bidding, inspection, construction
engineering and contractor oversight. Staff currently completes project time car ds that
detail the time spent on the project and what work was performed during that time.
General administration, oversight, and overhead are not charged to projects.
What other “non-road” costs might be included? Federal American with Disabilities Act
regulations now REQUIRE that any deficient disabled access improvements within the
project area must be improved to eliminate barriers. This means that if we are doing a
road improvement project and there are sidewalks in the area that do not meet current
ADA code, we MUST as part of the project bring those up to current standards. If there
are no sidewalks, we are not required to install new facilities as part of the project.
Process
As part of this agenda item, Council needs to consider whether to place the ballot
measure on the November 2014 ballot. If Council chooses to let the voters decide
whether they want a one half cent sales tax increase for such things as the repair and
maintenance of roads, then Council must adopt the attached ordinance. The attached
ordinance would then become the full text of the sales tax measure. The advisory
measure does not require an ordinance. The City Clerk will be bringing to the City
Council the appropriate Resolution to add an advisory measure to the November 2014
ballot.
Council must also take other actions regarding the mechanics of placing the ballot
measure on the ballot. Those actions are described fully under the staff report for the
Election Resolution agenda item also being considered tonight. The agenda package
calling for the election includes the draft resolutions needed if Council adopts the
ordinance tonight placing the potential sales tax measure on the ballot and the draft
resolution needed if Council fails to adopt the ordinance.
If passed tonight the ordinance would be brought back before the Council on July 8,
2014 for second reading.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3
FISCAL IMPACT:
The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in
additional annual revenue. The total cost of placing the measures on the ballot is
estimated to be approximately $6,500 of budgeted General Funds.
ALTERNATIVES:
1. Council may not pursue an increase to the sales tax rate.
ATTACHMENTS:
1. Draft Ordinance A, Imposing a Transactions and Use Tax to be Administered by
the State Board of Equalization.
2. Table detailing particulars of Other San Luis Obispo County sales tax measures
3. Sales Tax Ballot measure language for other San Luis Obispo County
jurisdictions.
This attachment is a staff
report from June 24, 2014
ITEM NUMBER: C-2
DATE: 02/24/15
ATTACHMENT: 3