HomeMy WebLinkAboutCC_2015-04-14_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 14, 2015
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
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 April 2015 as “Month of the Child” and “Child
Abuse Prevention Month”
2. Sexual Assault Awareness Month Proclamation presented to RISE
3. SLO Regional Rideshare & Bike Month Update by Peter Williamson
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. State Route 41 West Corridor Study
Fiscal Impact: The action will result in the expenditure of $180,000 in
RSHA Competitive Grant Funds.
Recommendation: Council authorize the City Manager to execute a
professional services agreement for a maximum fee of $180,000 with
Whitlock & Weinberger Transportation, Inc. (W -Trans) to perform
professional services for the State Route 41 West Corridor Study. [Public
Works]
2. Amendment & Restatement of a Cooperative Agreement Between San
Luis Obispo County Fire Departments for the Regional Hazardous
Materials Team
Fiscal Impact: Funding for the City of Atascadero to participate on the
Team is an additional $4,000 annually from the General Fund.
Recommendation: Council adopt the Draft Resolution amending and
restating the San Luis Obispo Regional Hazardous Materials Cooperative
Agreement. [Fire]
3. Historic City Hall Project Change Order: ACH-13 Exterior Lighting
Installation
Fiscal Impact: The fiscal impact of the exterior lighting project change
order is $28,103 of City Hall Repair and Rehabilitation Project Funds.
Recommendation: Council authorize the City Manager to execute a
change order with Rob Reynolds Construction in the amount of $28,103
for the fabrication and installation of custom shields for the exterior lighting
fixtures and the replacement of the LED light modules at the column up
lights for the Atascadero City Hall Exterior Lighting Project. [Public Works]
4. Lighted Crosswalk Upgrades Supplemental Funding Request
Fiscal Impact: This action will result in the expenditure of $45,000 in
previously allocated Prop 1B funding and $7,000.00 in gas tax funds, for a
total expenditure of $52,000.
Recommendations: Council:
1. Authorize the purchase of lighted crosswalk modules and signs in the
amount of $48,360 from Silicon Constellation; and,
2. Authorize the Director of Administrative Services to appropriate
$7,000.00 of Gas Tax Funds for the El Camino Real Safety Upgrades
Projects. [Public Works]
5. Alcoholic Beverage Control (ABC) License - On-site Sale of Beer - PLN
2015-0021 - 5985 Traffic Way “Socrates Coffee House” - (Wysong /
Campbell)
Fiscal Impact: Slight positive fiscal impact expected from increased sales
tax.
Recommendation: Council adopt Draft Resolution “A” finding that a public
convenience would be served by allowing the issuance of an on -site sale
of beer license for the Socrates Coffee House, a new business, located at
5985 Traffic Way. [Community Development]
6. February 2015 Accounts Payable and Payroll
Fiscal Impact: $1,522,781.58
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2015. [Administrative
Services]
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. Community Facilities District 2005-1 Annexation No. 13 Atascadero
Triangle (People’s Self Help Housing)
Ex-parte Communications:
Fiscal Impact: The establishment of Annexation No. 13 into the CFD is
intended to mitigate the fiscal impact of residential development on the
City, and would provide up to $7,128.88 annually, based on the current
rates, to fund the expansion of Police, Fire, and Park Services.
Recommendations: Council:
1. Conduct a public hearing on the proposed annexation; and,
2. Adopt Draft Resolution A, authorizing the territory identified in City
Council Resolution 2015-012 to be annexed into the Community
Facilities District No. 2005-1, authorizing the levy of a special tax and
submitting the levy of a special tax to qualified electors; and,
3. Direct the City Clerk to conduct a landowner vote of annexation and
collect and count the ballots.
Council to recess until ballots are counted
4. Adopt Draft Resolution B, declaring the results of a special annexation
landowner election, determining the validity of prior proceedings and
directing the recording of an amendment to the notice of special tax
lien; and,
5. Introduce for first reading, by title only, Draft Ordinance A, authorizing
the levy of special taxes in Community Facilities District 2005-1 for
certain annexation territory. [Community Development]
C. MANAGEMENT REPORTS:
1. San Luis Obispo County Tourism Marketing District Board Appointment
Fiscal Impact: None.
Recommendation: Council appoint a lodging representative to the Board
of Directors for the San Luis Obispo County Tourism Marketing District.
[City Manager]
2. Amendments to Municipal Code Relating to the Planning and Parks &
Recreation Commissions
Fiscal Impact: None.
Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance, amending Section 2-9.02 and Title 2 Chapter 13 of the
Atascadero Municipal Code relating to the Planning Commission and the
Parks and Recreation Commission. [City Clerk]
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 matte r of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. 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
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the April 14, 2015 Regular Session of the Atascadero City Council was posted
on April 8, 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 8th day of April, 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 i n
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 wi th the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City 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 announ ce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
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: 04/14/15
Atascadero City Council
Staff Report - Public Works Department
State Route 41 West Corridor Study
RECOMMENDATION:
Council authorize the City Manager to execute a professional services agreement for a
maximum fee of $180,000 with Whitlock & Weinberger Transportation, Inc. (W -Trans) to
perform professional services for the State Route 41 West Corridor Study.
DISCUSSION:
State Route (SR) 41 between San Gabriel Road to US 101 is the heaviest traveled
portion of SR 41 in San Luis Obispo County. This three to five-lane segment has
deficiencies with vehicular turning movement conflicts, bike and pedestrian issues, and
congestion problems. There is also diverse and intermittent land uses along this route
that creates issues with access and parking.
San Luis Obispo Council of Governments (SLOCOG) has budgeted $200,000 in
competitive grant Regional State Highway Account (RSHA) monies to fund a corridor
study for SR 41 West between San Gabriel Road and El Camino Real. The study will
determine the ultimate capacity needs for the corridor and balance those needs with the
desire to enhance pedestrian and bicycle facilities. A primary goal of the study is to
provide connectivity between the downtown district and the Atascadero Lake
Park/Zoo/Veteran’s Memorial. Although the corridor is well connected for vehicles, it is
not well connected for bicycle users.
Although SLOCOG is funding the study and CalTrans will be heavily involved, the City
is the lead agency. A request for proposals was issued to qualified firms to conduct the
study and develop corridor recommendations. The scope of work includes tasks related
to public participation, facilitating stakeholder participation, attending Council/Committee
meetings, documenting the existing corridor condition baseline and future
considerations, developing corridor alternatives and cross-section analysis, and
providing draft and final recommendations. A heavy emphasis has been placed on
engaging the public in the study process.
The City received three proposals that were ranked by a panel comprised of City,
SLOCOG, and CalTrans staff. The proposal score s ranged from 93 to 96 on a 100
ITEM NUMBER: A-1
DATE: 04/14/15
point system, with the highest scored proposal submitted by Whitlock & Weinberger
Transportation, Inc. (W -Trans) of Santa Rosa. Proposal fees were opened after the
ranking proposals and ranged from $189,978 to $284,260 with the lowest fee provided
by W -Trans. Staff, SLOCOG and W -Trans will work together to reduce the scope of
work to be within the grant funding target of $180,000 for contract services.
W-Trans has performed corridor studies previously for other California cities, including
Chico, Paradise, and Belmont. They are also very familiar with Atascadero having
performed numerous traffic and feasibility studies for various projects and
developments. W -Trans has teamed with PMC and North Coast Engineering to provide
community engagement/facilitation and civil engineering/surveying, respectively. PMC
and North Coast Engineering are local firms also very familiar with Atascadero.
If authorized, the corridor study will begin as soon as possible to obtain traffic,
pedestrian, and bicycle usage before school ends for the year. Work will continue
throughout the summer months with a tentative completion of d eliverables at the end of
October 2015. There will be various reports to the City Council throughout the duration
of the study.
FISCAL IMPACT:
The action will result in the expenditure of $180,000 in RSHA Competitive Grant Funds.
ATTACHMENTS:
None
ITEM NUMBER: A-2
DATE: 04/14/15
Atascadero City Council
Staff Report –Fire Department
Amendment & Restatement of a Cooperative Agreement
Between San Luis Obispo County Fire Departments
for the Regional Hazardous Materials Team
RECOMMENDATION:
Council adopt the Draft Resolution amending and restating the San Luis Obispo
Regional Hazardous Materials Cooperative Agreement.
DISCUSSION:
Executive Summary
The San Luis Obispo Regional Hazardous Materials Response Team has been in
operation for over 20 years. The Team’s Board of Directors has identified issues which
currently hinder the success of the Team. Primary among these issues are inadequate
funding and tight limits on operations and administration spending. After considering a
number of alternatives, the Board of Directors is proposing a new, re-stated Cooperative
Agreement and an increase to the annual membership fees for member agencies.
BACKGROUND:
Organization
The San Luis Obispo Regional Hazardous Materials Response Team (the Team) was
established in 1993 through a Cooperative Agreement (the Agreement) originally called
a “Joint Powers Agreement” or (JPA) and signed by the governing bodies of all fire
agencies in the county. Agencies participating in the team are referred to as Member
Agencies, and employees of those agencies who respond to emergencies with the
Team are referred to as Team Members. The Agreement specifies that Member
Agencies will provide funding for the Team, and that the Team will be governed by a
Board of Directors.
ITEM NUMBER: A-2
DATE: 04/14/15
The Board of Directors establishes team policies and agreements in accordance with
the purpose of the Agreement, and oversees the Team’s finances and the property
utilized by the Team. It also oversees the operation of the Team from a strategic level.
Actual operation of the Team on incidents is directed by the Team Leader and/or the
Incident Commander.
The Team is composed of dedicated Members with a history of success, and receives
strong support from Member Agencies. Team Members are employees of those
agencies who have committed to serve on the Team. The fire service provides the
greatest number of Team Members and administrative support.
Current Member Agencies Department No. of Team Members
Avila Beach CSD Fire Department Included in County Fire
CA Department of Corrections CMC Fire Department None
CA Department of State Hospitals Atascadero State Hospital Fire Dept None
CA Military Department Camp Roberts Fire Department None
California Polytechnic State University Campus Police Department None
Cambria CSD Fire Department 1 team member
Cayucos Fire Protection District Fire Department None
City of Arroyo Grande Five Cities Fire Authority 2 Five Cities Fire mbrs
City of Atascadero Fire Department 3 team members
City of Grover Beach Five Cities Fire Authority 2 Five Cities Fire mbrs
City of Morro Bay Fire Department None
City of Paso Robles Fire Department 4 team members
City of Pismo Beach Fire Department 3 team members
City of San Luis Obispo Fire Department 7 team members
County of San Luis Obispo Environmental Health Department 5 team members
Fire Department 14 team members
Los Osos CSD South Bay Fire Department Included in County Fire
Oceano CSD Five Cities Fire Authority 2 Five Cities Fire mbrs
San Miguel CSD Fire Department None
Santa Margarita CSD Fire Department None
Templeton CSD Fire Department None
The Team’s organizational structure was redefined in 2013 by the Board of Directors.
The duties of the previous part-time paid Business Manager were divided between two
positions: a Team Leader and a Business Manager. Duties for both positions are
defined in formal job descriptions developed and managed by the Board of Directors.
The Team Leader is a full-time fire department member who completes his/her Team
Leader roles while on-duty and at no additional cost to his/her fire department or to the
Team. The position is intended to be rotated to share this workload burden among
Member Agencies. The Team Leader manages operational and training programs,
coordinates the efforts of Member Agencies and Team Members, and advises the
Board of Directors. The position oversees committees for Training, Policy,
Equipment/IT, and Outreach. These committees develop and maintain Standard
Operating Guidelines (SOG’s), determine equipment needs, and take on related tasks.
The Business Manager is a part-time, paid employee of the Team. The City of San Luis
Obispo handles payroll for the position, and is reimbursed by the Team for these costs.
This position provides guidance and administrative support to the Team and to the
ITEM NUMBER: A-2
DATE: 04/14/15
Board of Directors, administers the budget, and keeps track of al l Team Member
requirements.
Operations
The Team responds to emergency incidents throughout the County and, depending on
the situation, takes action to assess and mitigate hazards. Team responses are in
accordance with established protocols, approved by the Board of Directors. Upon
notification of an incident involving hazardous materials, three Team Members respond
to the incident as an Assessment Team. Based upon their observations, the
Assessment Team makes recommendations to the Incident Commander t o upgrade or
downgrade the incident in terms of additional hazardous materials personnel and
resources required for safe incident mitigation.
Finances
The Agreement establishes funding for the Team through an annual assessment of
$1,000 paid by each of the Team’s 21 Member Agencies. The total annual budgeted
revenue for the Team has remained unchanged since 1993. However, the Team has
benefitted from significant grant funding used to provide training and equipment needed
for safe and effective operations.
The cost of operating the Team has increased significantly as a result of:
Year-to-year inflationary factors;
Increasingly complex standards for supplies and equipment used by the Team
and for mandated training for the Team’s emergency responders;
The increased complexity of hazardous materials operations in the post -9/11
environment; and,
The increased use and transport of hazardous materi als in and through the
County.
Financial Challenges
The $1,000 annual assessment applies to each Member Agency, regardless of
department size, participation level, or potential for hazardous materials incidents within
the agency’s jurisdictional area. This rate was set in 1993 and has never been updated.
These assessments are not enough to cover all costs, and are supplemented by many
Member Agencies directly funding operations through their own budgets.
In recent years, grant funding has become less available for these types of expenses.
The Team continues to pursue grants, but with declining levels of success.
Reimbursement of expenses incurred responding to incidents is a potential revenue
source, but only if it is recovered by the jurisdiction where the spill occurred. If the
jurisdiction chooses not to pursue reimbursement, if a responsible party cannot be
identified, or if the responsible party is unable to provide reimbursement, the Team
and/or Member Agencies absorb the expenses from their limited operating funds. The
Team cannot rely on this unsustainable method of funding operations.
Solutions to address these challenges, which will adequately and sustainably fund the
Team’s training, preparation, equipment and labor costs and which will equitably share
ITEM NUMBER: A-2
DATE: 04/14/15
costs between Member Agencies are the subject of this resolution and are discussed in
greater detail below.
Organizational Challenges
The Agreement is essentially a mutual aid agreement, which creates a framework for
the Member Agencies to respond together to emergency incidents. Currently, it
provides tight limits on operations and administration. These limitations have caused
administrative and operational complications not foreseen in 1993, which hinder the
efficient operation and administration of the Team. The equipment ownership and
financial constraints placed on the Team do not adequately allow for equipment
replacement and maintenance.
Solutions to address these challenges and improve the administrative and operational
effectiveness of the Team are the subject of this resolution and are discussed in greater
detail below.
Possible Solutions
The Board of Directors considered a number of alternatives in order to address the
financial and organizational challenges faced by the Team. Details of those
alternatives, with an analysis of the selection process, are included as attachment 3.
Alternative 1 was selected by the Board of Direc tors and is recommended for the City
Council’s consideration. This alternative will increase the current $1,000 annual
assessment per Member Agency to: County - $10,000, Cities - $5,000, Districts and
other jurisdictions - $2,000, each with a built in inflator. This will increase the budgeted
funding from $16,000 to $69,000. Implementation will require a restatement of the
Agreement.
Other Agency Involvement
San Luis Obispo County Counsel has reviewed and approved a similar Resolution and
the Cooperative Agreement as to form and legal effect. The County Environmental
Health Department provides Team Members, and is supportive of this Resolution and
the Cooperative Agreement. All other Member Agencies, listed above, have or will be
requesting approval of this Resolution and the Cooperative Agreement from their
governing bodies. SLO County Board of Supervisors unanimously approved the
attached documents on March 17, 2015.
Results
Approval of this request will improve the Team’s operational & administrative efficiency.
This is in line with the Council’s Goals of “Improving Public Safety.”
FISCAL IMPACT:
Funding for the City of Atascadero to participate on the Team is an additional $4,000
annually from the General Fund.
The City’s annual assessment will increase from $1,000 to $5,000, and will change
annually based on the Consumer Price Index. However, the new assessment structure
will provide adequate funding for the Team to fund most, if no t all, of its operating costs.
ITEM NUMBER: A-2
DATE: 04/14/15
The new fee will begin July 1, 2015. A supplemental budget request to i ncrease the fire
departments budget has been submitted for next fiscal year.
ALTERNATIVES:
1. The Council may direct staff to withdraw from the agreement.
2. The Council may request more information from the Hazardous Materials
Board of Directors.
3. The Council may modify the agreement and request the Board of Directors &
Member Agencies accept a modified agreement
ATTACHMENTS:
1. Resolution Adopting the Amended and Restated San Luis Obispo Regional
Hazardous Materials Cooperative Agreement.
2. Amended and Restated San Luis Obispo Regional Hazardous Materials
Cooperative Agreement.
3. San Luis Obispo Regional Hazardous Materials Cooperative Agreement –
Alternatives Considered.
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 1
DRAFT RESOLUTION
A RESOLUTION OF THE ATASCADERO CITY COUNCIL,
ADOPTING THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies: City of Arroyo Grande, City of
Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of Pismo Beach, City
of San Luis Obispo, County of San Luis Obispo, Special Service Districts; Los Osos, Avila Beach,
Cambria, Cayucos, Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men’s Colony State Prison), California Department of State Hospitals
(Atascadero State Hospital), California Military Department (California Army National Guard, Camp
Roberts), and California State University (California Polytechnic State University San Luis Obispo),
(hereinafter, “Public Agencies" or “Parties”), is at risk of a hazardous materials release or incident
from the threatened release of hazardous materials which are transported along the major highways,
railroads, and petroleum pipelines in the County or are stored within the County for local use; and,
WHEREAS, many of the Public Agencies participate in the California Master Mutual Aid
Agreement and the San Luis Obispo County Fire Services Mutual Aid Operation Plan, and such plans
provide for mutual aid response to hazardous materials emergencies; and,
WHEREAS, each of the Public Agencies provides the necessary public funds for the
protection of life and property against the releases or incidents involving hazardous materials; and,
WHEREAS, the creation of a specialized team (“Team”) of personnel to respond to hazardous
material emergencies or potential emergencies in the County of San Luis Obispo would provide the
most effective use of the combined local resources and would benefit each of the Public Agencies;
and,
WHEREAS, consistent with Government Code section 6502.7, each of the Public Agencies
has authority to respond to hazardous materials emergencies and to operate and maintain equipment
for hazardous materials response; and,
WHEREAS, the Public Agencies are authorized to contract with each other for the joint
exercise of any common power pursuant to Article I Chapter 5, Division 7, of Title 1 of the
Government Code of the State of California; and,
WHEREAS, a Cooperative Agreement was entered into between the parties on October 4,
1993 (“Agreement”); and,
WHEREAS, the Parties now desire to amend and restate the Agreement in its entirety.
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 1
NOW THEREFORE BE IT RESOLVED that the City Council of Atascadero, adopts the
amended and restated San Luis Obispo County Regional Hazardous Materials Cooperative Agreement
attached hereto as Exhibit A.
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
By:______________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
By:______________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
AMENDMENT AND RESTATEMENT
SAN LUIS OBISPO
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of Atascadero, City
of Grover Beach, City of Morro Bay, City of Paso Robles, City of Pismo Beach, City of San Luis
Obispo, County of San Luis Obispo, Special Service Districts: Los Osos, Avila Beach, Cambria,
Cayucos, Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of State Hospitals
(Atascadero State Hospital), California Military Department (California Army National Guard,
Camp Roberts),. and California State University (California Polytechnic State University San Luis
Obispo). (hereinafter, "Public Agencies" or "Parties"), is at risk of a hazardous materials release
or incident from the release of hazardous materials which are transported along the major
highways, railroads, and petroleum pipelines in the County or are stored within the C ounty for
local use; and
WHEREAS, many of the Public Agencies participate in the California Master Mutual Aid
Agreement and the San Luis Obispo County Fire Services Mutual Aid Operation Plan, and such
plans provide for mutual aid response to hazardous mate rials emergencies; and
WHEREAS, each of the Public Agencies provides the necessary public funds for the protection of
life and property against releases or incidents involving hazardous materials; and
WHEREAS, the creation of a specialized team ("Team") of personnel to respond to hazardous
material emergencies or potential emergencies in the County of San Luis Obispo would provide
the most effective use of the combined local resources and would benefit each of the Public
Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the Public Agencies has
authority to respond to hazardous materials emergencies and to operate and maintain
equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for the joint exercise
of any common power pursuant to Article I Chapter 5, Division 7, of Title 1 of the Government
Code of the State of California; and
Page 1 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
WHEREAS, a COOPERATIVE AGREEMENT was entered into between the Parties on October 4,
1993 ("Agreement"); and
WHERAS, the Parties now desire to amend and restate the Agreement in its entirety.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the Parties hereby agree, amend and restate the Agreement in its entirety as follows:
1. PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED
As a supplement to the San Luis Obispo County Fire Services Mutual Aid Operation Plan,
the Parties enter this Agreement for the purpose of providing for the crea tion and
establishment of a Regional Hazardous Materials Response Team (hereinafter "Team").
The Team shall carry out the abatement and emergency control of hazardous conditions
and stabilize the same, until these conditions can be turned over to the appr opriate
authority, for further disposal.
2. NO ENTITY SEPARATE AND APART FROM THE PARTY ENTITIES
The Parties agree that the purpose of this Agreement may be accomplished without
creating an entity separate and apart from the Parties; therefore, the Partie s expressly
decline to create an entity separate and apart from the Parties to this Agreement.
3. MEMBERSHIP OF BOARD OF DIRECTORS
A Regional Hazardous Materials Response Team Board of Directors (hereinafter
"Board") shall be established to oversee the operation of the Team, establish Team
policies and procedures in accordance with the Purpose of this Agreement, and manage
the Team's finances and property utilized by the Team. The Board shall consist of six
voting members selected by the following procedure:
A. There shall be three standing members on the Board:
(1) The Fire Chief of the City of San Luis Obispo;
(2) The Fire Chief of San Luis Obispo County; and
(3) A representative of the County's Environmental Health Department.
B. There shall be one member representing each of the following three geographic
areas:
Page 2 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
(1) North County, which includes San Miguel, Paso Robles, Templeton,
Atascadero, Santa Margarita, Atascadero State Hospital and Camp
Roberts;
(2) South County, which includes Arroyo Grande, Pismo Beach, Grover
Beach, Avila Beach, and Oceano; and
(3) Coastal, which includes Morro Bay, Cambria, South Bay, Cayucos,
California Men's Colony, and Cal Poly.
Each of these members shall be a Fire Chief elected by the Fire Chiefs of t he
communities that are represented by that area. Each electee shall serve a term of two
years. He or she may be re-elected for an unlimited number of terms.
4. BOARD MEETINGS
The Board shall establish the time and place for its meetings and shall hold at least one
annual meeting. A special meeting may be called by the Chairperson, or upon demand
of two-thirds of the six members of the Board, by noticing each Board member at least
48 hours before the time of such meeting. The notice shall specify the time and place of
the meeting and the business to be transacted. All meetings of the Board shall be open
to the public, except for those sessions which may by law be closed. The Board shall
cause its Secretary/Treasurer to maintain minutes of open meetings, which shall be
public documents available for inspection at the County of San Luis Obispo Office of
Emergency Services at all times during regular business hours of San Luis Obispo County.
No compensation shall be received by any member of the Board for his or her services.
No business shall be transacted without the presence of a quorum of the Board. A
quorum shall consist of four or more Board members. A majority vote of the quorum
shall be required to transact business. At the first Board meeting following the adoption
of the new Agreement, the Board shall adopt rules for the orderly transaction of
business.
5. BOARD OFFICERS AND EMPLOYEES
The Board shall elect officers, by majority vote, to serve as Chairperson and Vice
Chairperson. The Secretary/Treasurer shall be a non-voting member of the Board and
shall be a member of the County of San Luis Obispo Office of Emergency Services.
The Board will employ a "Business Manager" under their direction to handle Team
business such as maintaining records, recording meetings on behalf of the
Secretary/Treasurer, preparing staff reports, preparing a budget for approval by the
Board and other business matters requested by the Board. The Business Manager may
Page 3 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
be paid a monthly salary. The Business Manager will not have any oversight of the
Team's emergency response activities.
The Board will also select a Team Leader, who will be a full -time employee of a Member
Agency and who will complete his/her Team Leader roles while on -duty and at no
additional cost to his/her agency or to the Team. The position will be rotated every two
years among Member Agencies in order to share the workload. The Team Leader will:
• Manage operational and training programs.
• Coordinate the efforts of Member Agencies and Team Members.
• Function as the Team's primary technical expert and advise the Board of
Directors accordingly.
• Oversee committees for Training, Policy, Equipment/IT, and Marketing and for
other programs. Responsible for developing and maintaining Standard Operating
Guidelines (SOG's), determining equipment needs, and taking on related tasks.
• Provide leadership to the Team, so that the Team can achieve the goals and
objectives established by the Board and ensure the safe and successful
mitigation of hazardous materials incidents to which the Team responds.
• Serve as the official representative of the Team to the public, news media, and
other governmental agencies.
• Delegate these duties to other Team Members or employees of Member
Agencies, when deemed appropriate by the Team Leader.
6. FINANCING
Use of the equipment, materials, and facilities of the Parties shall be in accordance with
rules and regulations approved by the Board. The Board shall prepare an annual fiscal
year budget for the needs of the Team. The Board shall maintain an equipment
replacement/contingency fund for the continued operation of the Team. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response Team
Account (hereinafter "Account"). The Board shall have access to the Account upon
signature of any two Board members. In the event any Party fails to contribute its equal
share of the budget, as determined by the Secretary/Treasurer, such Party may be
terminated from participation on or assistance by the Team by a majority vote of the
Board.
A. Any excess in federal, state, or local funds in the Account at the end of any fiscal
year shall be transferred to the next fiscal year's budget.
Page 4 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
B. During the first year, a fund shall be established by the Board and funded by
each of the Parties contributing an amount to the Account as designated in the
following table:
Parties Amount to Contribute
First Year
Total First Year
County (1) $10,000 $10,000
Cities (7) $ 5,000 $35,000
Special Districts and
other agencies (12)
$ 2,000 $24,000
$69,000
C. During each successive budget year the Board may, through a majority vote,
increase the contribution amount to the fund by a percentage not to exceed the
previous year's Consumer Price Index (CPI) for the Los Angeles Region.
D. Upon majority approval of the Board, the fund may be expended for t he
purchase of equipment, training needs, equipment repair, and other expenses
determined necessary by the Board.
E. Funds shall not be budgeted for or disbursed from the Account in a manner
which creates a deficit at any time.
7. AMENDMENT OF AGREEMENT
The Board by a 2/3 majority vote may amend, delete or add additional sections to this
Agreement except that any changes to the financial contributions by member Parties
must comply with section 6C of this Agreement.
8. TERMINATION OF AGREEMENT
This Agreement shall remain in full force and effect until such time as a majority of the
Board shall vote to terminate this Agreement and each of such majority Board
member's Public Agency ratifies his or her vote. Each Party may individually terminate
its involvement in this Agreement, and thereby withdraw from participation on or
assistance by the Team, by providing 90 days written notice of termination to anyone of
the members of the Board. A party individually terminating involvement in this
Page 5 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
Agreement shall not be entitled to any refund of funds previously paid to the Account.
In the event this Agreement is terminated by a majority vote of the Board ratified by the
majority's Public Agencies, the following shall occur:
A. All equipment and/or material donated by any agency for use by the Team shall
be returned to the agency without compensation for either ordinary wear and
tear, or replacement.
B. All property utilized exclusively by the Team shall be sold at fair market value
and the funds received shall be deposited in the Account.
C. The Secretary/Treasurer shall pay any outstanding accounts, invoices, and Board -
approved claims from the Account.
D. Any grant monies which have not been expended shall be returned to the
grantor.
E. The Account shall be disbursed proportionally to those Public Agencies which
participated in this Agreement at the time of the Board's majority vote for
termination.
9. REPORTS
The Secretary/Treasurer shall maintain the financial records of the Team in an accurate
and organized manner at all times and shall reconcile the Account on a monthly basis.
The Secretary/Treasurer shall prepare, or cause to be prepared an annual fiscal year
report. This shall include the yearly budget; the amount, date, and source of all
receipts; the amount, date, recipient, and purpose of all disbursements; the Account
balance at the beginning of the fiscal year; the Account balance at the end of the fiscal
year; and an inventory of all equipment and material owned by the Team. A copy of the
annual report shall be distributed to each Party within thirty days of the end of the fiscal
year. The Secretary/Treasurer shall furnish such other reports and data as may from
time to time be requested by the Board. All financial records shall be availab le for
inspection by an authorized representative of each Party upon written request and by
arrangement with the Secretary/Treasurer or other members of the Board.
10. TEAM SUPPORT AND PARTICIPATION
Each of the Parties agrees to support the Team in the following areas:
Page 6 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
A. TRAINING
The Parties shall provide persons to attend various levels of training of the Team
and continuing education requirements consistent with Government Code
section 8574.19 et seq. and other applicable laws, regulations, and Team
standards set forth for operations. Each Party shall host and support training
activities.
B. STAFFING
The Parties shall provide persons to participate as members of the Team for
response to incidents or to support the Team's response.
C. INSURANCE
Each of the Parties shall provide Workers Compensation Insurance for its fire
persons while such persons are involved with the Team. Government Code
sections 50925 et seq. (Extraterritorial Activities of Firemen) and other
applicable Workers Compensation, liability, and/or benefits laws are
incorporated into this Agreement by reference.
D. EQUIPMENT
Each Party shall support the Team with resources whenever possible and with
regard to other Team Members be responsible for any damage or loss to such
party's resources which occurs while being used pursuant to this Agreement.
E. MEDICAL EXAMINATIONS
Medical examinations for each Party's Team members shall be provided by that
Public Agency (pursuant to CFR 1910.120 et seq.) The Parties will work
cooperatively to secure the most cost-effective approach to medical
examinations.
F. COMPENSATION TO THE PARTIES
The Parties agree that their participation in this agreement is without regard to
any reimbursement or compensation, and further agree as follows:
• The Team will actively pursue grants and donations to reduce financial
dependence on participating Public Agencies.
Page 7 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
• The Parties will fully support the Team and, when possible, assign their
employee(s) to serve as Team Members regardless of receiving any
reimbursements or compensation.
• Obtaining reimbursement for services provided by the Team is a high
priority, and that it is the responsibility of the Agency Having Jurisdiction
(AHJ) to pursue such reimbursements from persons or entities
responsible for hazardous materials incidents.
• When the AHJ is a Party to this agreement, any reimbursements received
by the AHJ for an incident to which the Team responds will be equitably
distributed among those Parties who have actually incurred cost s related
to the incident.
o When such reimbursement is received, the Party who is the AHJ
will notify the Business Manager and the Secretary/Treasurer of
the reimbursement amount, incident name and incident number.
o The Business Manager will, within seven days, notify all Parties of
the reimbursement and ask the Parties to submit reimbursement
requests to the Business Manager.
o Parties wishing to be reimbursed must provide a letter requesting
reimbursement within 30 days of the notification by the Bus iness
Manager, and must include documentation of costs.
o If the Team itself incurred any costs on the incident, the Business
Manager will submit a reimbursement request on behalf of the
Team, according to the same requirements listed above.
o After 30 days have elapsed, the Business Manager will consolidate
requests received into a reimbursement plan, which will equitably
distribute the reimbursement among the Parties, and will present
the reimbursement plan at the next Board of Directors meeting
for approval.
o If the reimbursement received is less that the total of all
reimbursement requests, each Party will receive a proportionate
share of the reimbursement based on their proportion of the total
of all reimbursement requests received.
o If the reimbursement received is more than the total of all
reimbursement requests, each Party shall be fully reimbursed and
the balance of the reimbursement will be paid to the Team itself
for future use as determined by the Board of Directors.
Page 8 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
11. NON-PARTICIPATION
Any Public Agency named in the first "WHEREAS" Clause of this Agreement that chooses
not to sign the Agreement can avail itself of the Team's services; however, that Public
Agency must pay all costs of such Team services as "Assistance for Hire" at the rates
determined by the Board.
12. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute the same Agreement.
13. EXECUTION
Each Public Agency that signs this Agreement shall promptly notify the County of San
Luis Obispo Office of Emergency Services and shall simultaneously forward to such office
an executed copy of its Counterpart Signature Page of this Agreement by hand -delivery
to such office. Every Public Agency desiring to participate in this Agreement must submit
its executed copy of its Counterpart Signature Page to the County of San Luis Obispo
Office of Emergency Services prior to July 1, 2015.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective authorized officers. This Agreement is deemed to be signed and executed as of the
last date a Public Agency executed this Agreement which is the _____ day of
________________, 2015.
City of Atascadero
By: _____________________________
Tom O’Malley, Mayor
Approved by the Atascadero City Council on
___________________, 2015
ATTEST:
________________________________
Marcia Torgerson, Clerk
Page 9 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 2
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Brian A. Pierik, City Attorney
Date: _______________________
Page 10 of 10
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 3
Page 1 of 3
San Luis Obispo Regional Hazardous Materials Cooperative Agreement - Alternatives Considered
The Hazardous Materials Joint Powers Agreement Oversight Board of Directors considered a number of
alternatives in order to address the financial and organizational challenges faced by the Team, including:
Alternative 1 – a) increase the current $1,000 annual assessment per Member Agency to County:
$10,000, Cities: $5,000, Districts and other jurisdictions: $2,000, each with a built in inflator. This will
increase the budgeted funding from $16,000 to $69,000; b) amend the Agreement; and, c) create an
effective operational and administrative leadership structure for the team.
Alternative 2 – a) dissolve the Cooperative Agreement and create a Joint Powers Authority; b) utilize a
new tax base of the established Authority to provide sustainable and reliable funding; and, c) create an
effective operational and administrative leadership structure for the team.
Alternative 3 – a) dissolve the Cooperative Agreement and assign all responsibility for hazardous
materials response to the County, with voluntary participation by local fire departments; b) create an
effective operational and administrative leadership structure for the team, under the sole authority o f
County Fire; and, c) require the County to fund under one agency.
Alternative 4 – a) dissolve the Cooperative Agreement, and return all hazardous materials responsibilities
to the local fire agencies and to County Environmental Health; b) all funding wo uld be the responsibility of
each individual agency, and c) all operational and administrative structures would be the responsibility of
each individual agency, with the Incident Command System (ICS) governing unified operations.
Alternative 5 – a) Continue with the current Cooperative Agreement; b) move legislation through to
change the State Health and Safety Code to allow the use of CUPA fees to provide sustain able and
reliable funding; and, c) create an effective operational and administrative leadership structure for the
team. Note: This alternative is currently not legal under the state Health and Safety Code.
Analysis of Possible Solutions
Financial Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Requires
increasing
membership
assessments
Provides
sustainable and
reliable funding
Provides
sustainable and
reliable funding
Does not provide
any Team funding
Provides
sustainable and
reliable funding
Reduces impact on
Team member
agency budgets.
Would require a tax
measure for the
Authority
Reduces impact
on Team member
agency budgets
Increases impact
on Team member
agency budgets
Reduces impact
on Team member
agency budgets
Additional Fees:
County + $9,000,
Cities + $4,000,
Districts & other
jurisdictions
+ $1,000,
Plus CPI index
Additional Fees:
$61,000, Election,
Joint Powers
Authority, and
Administrative fee
Additional Fees:
Agencies no
longer pay $1,000
annual fee and will
not receive
haz mat support;
County + $61,000
Additional Fees:
Agencies no
longer pay $1,000
annual fee; All
agencies pay
$61,000 (x 16 =
$976,000)
Preferred Preferred Preferred
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 3
Page 2 of 3
Operational Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Status Quo Creates an
effective
operational and
administrative
structure
Creates an
effective
operational and
administrative
structure
Operations and
administration
would revert to
individual
departments
Creates an
effective
operational and
administrative
structure
Status Quo Continues
cooperative haz
mat response
activities
Continues
cooperative haz
mat response
activities
Haz mat response
reverts to
individual
departments
Continues
cooperative haz
mat response
activities
Preferred Preferred Preferred
Legal Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Requires
amending the
current Agreement
by each member
agency
Would require the
creation of a new
legal entity
May require the
divestment of the
Agreement
None anticipated Not legally allowed
by Health and
Safety Code
Preferred Preferred Preferred
Labor Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
None anticipated None anticipated None anticipated None anticipated None anticipated
Preferred Preferred Preferred Preferred Preferred
Sociopolitical Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Maintains current
Joint Powers
Authority
New taxes would
likely encounter
political opposition
Local governing
bodies might object
to shifting of
responsibilities
Local governing
bodies might object
to shifting of
responsibilities
New fees would
likely encounter
political opposition
Preferred
Policy Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Requires the
development of an
amended
Agreement
Would not violate
and existing
policies
Would not violate
and existing
policies
Would not violate
and existing
policies
Would not violate
any existing
policies
Would require
significant creation
of new policies
Would require
significant creation
of new policies
Would not require
any new policies
Would require
significant creation
of new policies
Preferred
ITEM NUMBER: A-2
DATE: 04/14/15
ATTACHMENT: 3
Page 3 of 3
Health and Safety Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Status Quo Operational
improvements
should improve
public safety
Operational
improvements
should improve
public safety
Unknown impact
on public safety
Operational
improvements
should improve
public safety
Status Quo Operational
improvements
should improve
responder health
and safety
Operational
improvements
should improve
responder health
and safety
Unknown impact
on responder
health and safety
Operational
improvements
should improve
responder health
and safety
Preferred Preferred Preferred
Environmental Health Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Status Quo Operational
improvements
should improve
environmental
health
Operational
improvements
should improve
environmental
health
Unknown impact
on environmental
health
Operational
improvements
should improve
environmental
health
Preferred Preferred Preferred
Interagency Impacts
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Status Quo Effective
operational and
administrative
leadership would
improve
interagency
cooperation
Effective
operational and
administrative
leadership would
improve
interagency
cooperation
Interagency
cooperation is
diminished
Effective
operational and
administrative
leadership would
improve
interagency
cooperation
Status Quo Requires new joint
powers authority
Current joint
powers agreement
dissolved
Current joint
powers agreement
dissolved
Status Quo
Preferred Preferred
Impact Summary
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
Preferred in nine
impacts above
Preferred in six
impacts above
Preferred in six
impacts above
Preferred in two
impacts above
Preferred in one
impacts above
This is the
recommended
alternative.
Based on the Impacts identified above, JPA Board Chair Person, Chief Stone, recommended Alternative
1 as the preferred alternative. It is the preferred alternative in nine of the nine impact sections. The Board
unanimously agreed to bring this alternative to its’ general membership and elected governing bodie s.
ITEM NUMBER: A-3
DATE: 04/14/15
Atascadero City Council
Staff Report – Public Works Department
Historic City Hall Project Change Order:
ACH-13 Exterior Lighting Installation
RECOMMENDATION:
Council authorize the City Manager to execute a change order with Rob Reynolds
Construction in the amount of $28,103 for the fabrication and installation of custom
shields for the exterior lighting fixtures and the replacement of the LED light modules at
the column up lights for the Atascadero City Hall Exterior Lighting Project.
DISCUSSION:
On August 29, 2014, the City Council approved a contract with Rob Reynolds
Construction in the amount of $149,084 for the exterior lighting project installation on
Historic City Hall. The bid included the installation and adjustment of new exterior
lighting fixtures, time clocks for control, transformers, power supplies, ballasts, access
panels where required by code or for service, wiring and terminations for the exterior
lighting components, and testing.
Under the City’s Purchasing Policy, the City Manager is authorized to issue change
orders for changes or additions to the original scope of work that result in less than a
20% aggregate change in contract price. Change orders in excess of 20% shall be
brought to the City Council for approval.
During the installation of the fixtures, conditions were encountered that required an
increased scope of work. Two change orders were previously executed with Rob
Reynolds Construction totaling $28,711, or just under 20% of the exterior lighting
installation contract amount approved by Council. The two change orders executed
during construction addressed the following issues:
Insufficient or non-existent backbone wiring for the fixtures on the 4th floor and
dome.
Installation of four additional column up lights per the updated lighting plan.
Additional drivers for the fixtures on the second floor for the entry lights.
Relocation of existing troffer basement lights to accommodate the column up
lights.
ITEM NUMBER: A-3
DATE: 04/14/15
Custom metal strapping necessary for the installation of the light s below the
rafters on the 4th floor.
A nighttime lighting test with the project architect revealed that the bulbs were highly
visible at the top of the dome and on the fourth floor under the rafters. This created a
lighting effect that was distinctly different than that designed by the lighting engineers
and approved by the City Council. Options were discussed with Rob Reynolds
Construction, the lighting designer, and project architect. Rob Reynolds Construction
created test shield options for each location to minimize the view of the fixtures and to
enhance the overall lighting effect. The project architect attended an additional nighttime
lighting test and approved the lighting shield design and effect.
The nighttime lighting test also revealed that the column up lights were not the correct
color. As part of this change order, Rob Reynolds will replace the LED modules in the
sixteen column up lights.
This change order will include the fabrication and installation of the light shields for the
top of the dome and on the rafters on the 4th floor, and the replacement of the LED
modules in the column up lights.
FISCAL IMPACT:
The fiscal impact of the exterior lighting project change order is $28,103 of City Hall
Repair and Rehabilitation Project Funds. Funding uses and sources for the City Hall
Repair and Rehabilitation Project is provided in the table below:
ITEM NUMBER: A-3
DATE: 04/14/15
Architecture and engineering 5,169,246$
Construction costs:
ACH-2 Penthouse Demolition and Hazardous
Materials Abatement 145,670
ACH-3 Basement Wall and Floor Demolition (final)178,000
ACH-4 Basement Electrical Demolition and
Temporary Power Installation 79,784
ACH-5 Foundation Structural Stabilization 3,839,533
ACH-8 Historic Repair & Rehabilitation 12,578,790
ACH-9L Exterior Lighting Purchase 110,220
ACH-9 Exterior Lighting Installation 177,795
ACH-9 Exterior Lighting Proposed Change 28,103
ACH-11 Structural Steel and Miscellaneous Metals 467,409
ACH-12 Rough Carpentry 323,607
ACH-14 Audio Visual System 251,325
ACH-15 Landscape/Hardscape 583,059
ACH-16 Elevator 274,181
ACH-17 Fire Protection 269,663
ACH-18 Plumbing 696,997
ACH-19 Heating, Ventilation and Air Conditioning 878,060
ACH-20 Electrical 1,075,807
Minor Construction Contracts & General Conditions 454,131
Total construction costs 22,412,134
3,422,323
Deputy Inspection Services 407,895
Hazardous Materials Investigation & Monitoring 234,476
Permitting 180,092
Project Management 185,576
Other 77,300
Total testing, inspection, permitting and
construction support 1,085,339
Contingency remaining 1,652,667
TOTAL PROJECTED FUNDING USES 33,741,709$
Awarded FEMA /CalEMA funding 15,982,955$
Expected FEMA/ CalEMA funding 3,429,190
California Cultural Historic Endowment Grant 2,300,000
Redevelopment 2010 Bond Funds 13,000,000
Other Funding 334,230
TOTAL PROJECTED FUNDING SOURCES 35,046,375$
FUNDING SURPLUS 1,304,666$
PROJECTED FUNDING USES
Construction management
General conditions, construction support, and
permitting
PROJECTED FUNDING SOURCES
ITEM NUMBER: A-3
DATE: 04/14/15
ALTERNATIVES:
1. Council may not award the change order and proceed with the project as
installed. This is not recommended as the lights currently detract from the
beauty of the building rather than enhance it.
2. Council may direct staff to bid the custom shields.
ITEM NUMBER: A-4
DATE: 04/14/15
Atascadero City Council
Staff Report – Public Works Department
Lighted Crosswalk Upgrades Supplemental Funding Request
RECOMMENDATIONS:
Council:
1. Authorize the purchase of lighted crosswalk modules and signs in the amount of
$48,360 from Silicon Constellation; and,
2. Authorize the Director of Administrative Services to appropriate $7,000.00 of Gas
Tax Funds for the El Camino Real Safety Upgrades Projects.
DISCUSSION:
Council approved the appropriation of $45,000 of Proposition 1B funds, in Octob er of
2014, to perform lighted crosswalk upgrades on El Camino Real. The original
recommendation was to make repairs and minor upgrades to all three of the City’s
existing lighted crosswalks. After reviewing the crosswalk systems further, staff
determined that replacing two of the crosswalks with new wireless crosswalk systems
and using the parts to repair the third crosswalk would be more cost effective in the long
run. The estimated total cost of purchasing and installing the two wireless crosswalks is
$52,000.
The City’s existing lighted crosswalks are not wireless. T he road markers/light
modules are connected and controlled by an electrical wire embedded in the
pavement. Maintenance and repairs that involve working with the embedded wire is
labor intensive and costly. Upgrading to a wireless crosswalk would significantly
reduce maintenance costs and minimize the amount of potentially dangerous down -
time for pedestrians using a crosswalk with non-functioning road markers.
The wireless crosswalk system has several advantages over repairing the existing
lighted crosswalk system as shown in the table below:
ITEM NUMBER: A-4
DATE: 04/14/15
Existing Lighted Crosswalk System
Hard wire embedded in the pavement
Plastic road markers (light modules)
Road markers are visible but not
bright in daylight
3 year warranty (Expired on all
crosswalks)
Silicon Lighted Crosswalk System
Wireless system
Metal road markers (light modules)
Bright road markers, even during daylight
hours
5 year warranty
After researching lighted crosswalks, staff determined that Silicon Constellations is the
sole source provider of a wireless lighted crosswalk system. Their road markers are
solar powered with backup batteries that can provide up to 60 days operation. A
demonstration proved that Silicon Constellation’s l ight modules are significantly
brighter than the existing road markers. In addition, they have a metal housing that is
more durable than the existing, plastic road markers. The existing crosswalk lights
require frequent replacement at a cost of more than $400.00 each because they are
no longer under warranty.
FISCAL IMPACT:
This action will result in the expenditure of $45,000 in previously allocated Prop 1B
funding and $7,000.00 in gas tax funds, for a total expenditure of $52,000.
ALTERNATIVE:
1. Council may not approve the Director of Administrative Services to appropriate
$7,000.00 of Gas Tax Funds to supplement the purchase and installation of two
crosswalk systems. Staff does not recommend this action. The new wireless
systems come with a five year warranty, which will essentially eliminate
maintenance costs for two of the crosswalks for the next five years.
Maintenance costs for the third crosswalk will also be reduced, as Staff will be
able to use the left over supplies from the old sidewalk s for future repairs.
ATTACHMENTS: None
ITEM NUMBER: A-5
DATE: 04/14/15
Atascadero City Council
Staff Report – Community Development Department
Alcoholic Beverage Control (ABC) License
On-site Sale of Beer
PLN 2015-0021
5985 Traffic Way “Socrates Coffee House”
(Wysong / Campbell)
(Request to approve an on-site sale of beer
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 sale of beer license for the Socrates Coffee House, a
new business, located at 5985 Traffic Way.
DISCUSSION:
The applicant, Michael Campbell, has
applied, through the Department of
Alcohol Beverage Control (ABC), for an
on-site sale of beer at 5985 Traffic Way.
This proposed use would consist of a
coffeehouse also serving beer. The
applicant is seeking a type “40” license,
which authorizes the sale of beer for
consumption either on-site or off-site,
prohibits the sale of wine and distilled
spirits. Per ABC requirements, full meals
are not required; however sandwiches or
snacks must be made available. Minors
are allowed on the premises.
The site is zoned Downtown Commercial (DC) within the Downtown General Plan Land Use
Designation (D). The Socrates Coffee House will be a 39 seat coffee house with an outdoor
Existing Barrel Room Wine Tasting to be changed to
Socrates Coffee House
ITEM NUMBER: A-5
DATE: 04/14/15
patio, where beer will not be permitted. 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 liqu or 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 125.02, which allows twelve (12) ABC
licenses allowing on-site sales within the area without Council review. There are currently
twenty (20) active licenses existing within the census tract, and therefore Council review is
required prior to adding any additional license to the area. The site is 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 increased sales tax.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Applicant Letter Explanation of Services
4. Draft Resolution “A”
ITEM NUMBER: A-5
DATE: 04/14/15
Attachment 1: Location Map, 5985 Traffic Way
PLN 2015-1544 ABC 2015-0021
Socrates Coffee House
5985 Traffic Way
ITEM NUMBER: A-5
DATE: 04/14/15
Attachment 2: Zoning Map, 5985 Traffic Way
PLN 2015-1544 ABC 2015-0021
DC Downtown
Commercial Zoning
RMF-10 Low Density
Multi-Family Residential
RMF-20 High Density
Multi-Family Residential
ITEM NUMBER: A-5
DATE: 04/14/15
Attachment 3: Applicant Letter Explanation of Services
PLN 2015-1544 ABC 2015-0021
March 26, 2015
To: City of Atascadero
I have been working for the “Barrel Room” which is owned by Larry Wysong for the last 4 yrs. Larry has
allowed me the opportunity to bring our vision of a cultural Coffee House to Atascadero! We plan on
having a full array of gourmet coffee drinks and pastries and would also like to have a collection of
eclectic beers, for mainly, patrons visiting and staying at the Carlton Hotel. We have been serving beer
and wine here at “The Barrel Room” and would like to at least, have beer, so as not to disappoint
customers who have been coming here in the past. Thank you for your consideration.
Signed Michael Campbell 3/26/15
ITEM NUMBER: A-5
DATE: 04/14/15
Attachment 4: Draft Resolution A
PLN 2015-1544 ABC 2015-0021
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 ALCOHOL LICENSE AT
5985 TRAFFIC WAY
ON APN 029-342-007
(Campbell / Socrates Coffee House)
WHEREAS, an application has been received from Larry Wysong (7025 Morro Rd.,
Atascadero, CA 93422), Property Owner; Michael Campbell (5969 Entrada #9, Atascadero, CA
93422) dba Socrates Coffee House (5985 Traffic Way, 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 40 beer on/off site sales license at 5985 Traffic
Way (APN 029-342-007); 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 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 April 14, 2015.
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 40 on/off-site sale beer only to Michael
Campbell dba Socrates Coffee House at 5985 Traffic Way.
ITEM NUMBER: A-5
DATE: 04/14/15
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-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
1832 02/03/2015 RABOBANK, N.A.41,981.52Payroll Vendor Payment
1833 02/03/2015 EMPLOYMENT DEV DEPARTMENT 10,670.60Payroll Vendor Payment
1834 02/03/2015 EMPLOYMENT DEV. DEPARTMENT 1,600.21Payroll Vendor Payment
144145 02/06/2015 AHERN RENTALS 98.06Accounts Payable Check
144146 02/06/2015 ALAMEDA ELECTRICAL DISTRIBUTOR 2,829.69Accounts Payable Check
144147 02/06/2015 ALLIANT INSURANCE SERVICES INC 173.00Accounts Payable Check
144148 02/06/2015 ALTHOUSE & MEADE, INC.2,130.00Accounts Payable Check
144149 02/06/2015 AMERICAN INDUSTRIAL SUPPLY 40.15Accounts Payable Check
144150 02/06/2015 AMERICAN MARBORG 95.12Accounts Payable Check
144151 02/06/2015 AMERICAN WEST TIRE & AUTO INC 1,648.91Accounts Payable Check
144152 02/06/2015 AMI PIPE & SUPPLY, INC.105.92Accounts Payable Check
144154 02/06/2015 AT&T 401.38Accounts Payable Check
144155 02/06/2015 AT&T 776.82Accounts Payable Check
144157 02/06/2015 ATASCADERO MUTUAL WATER CO.2,740.05Accounts Payable Check
144158 02/06/2015 ATASCADERO PROF. FIREFIGHTERS 110.00Accounts Payable Check
144159 02/06/2015 ATASCADERO TRAFFIC WAY STORAGE 676.00Accounts Payable Check
144160 02/06/2015 DAVID ATHEY 52.01Accounts Payable Check
144161 02/06/2015 BAKERSFIELD POLICE DEPARTMENT 500.00Accounts Payable Check
144162 02/06/2015 BELL'S PLUMBING REPAIR, INC.445.00Accounts Payable Check
144163 02/06/2015 BENJAMIN FRANKLIN PLUMBING 431.00Accounts Payable Check
144164 02/06/2015 ALEX J. BRAZZI 60.00Accounts Payable Check
144165 02/06/2015 GREGORY A. BRAZZI 75.00Accounts Payable Check
144166 02/06/2015 SHIRLEY R. BRUTON 572.40Accounts Payable Check
144167 02/06/2015 BURKE,WILLIAMS, & SORENSON LLP 7,987.01Accounts Payable Check
144168 02/06/2015 C & H CYCLES 395.43Accounts Payable Check
144169 02/06/2015 CA CODE CHECK, INC.6,555.91Accounts Payable Check
144170 02/06/2015 CAL-COAST IRRIGATION, INC 190.21Accounts Payable Check
144171 02/06/2015 THOMAS J. CARR 180.00Accounts Payable Check
144172 02/06/2015 CHARTER COMMUNICATIONS 984.80Accounts Payable Check
144173 02/06/2015 CHEVRON & TEXACO BUS. CARD 701.98Accounts Payable Check
144174 02/06/2015 KATHLEEN J. CINOWALT 193.90Accounts Payable Check
144175 02/06/2015 CITY OF FRESNO-POLICE DEPT.293.00Accounts Payable Check
144176 02/06/2015 COAST ELECTRONICS 1,661.43Accounts Payable Check
144177 02/06/2015 COAST LINE DISTRIBUTING 149.95Accounts Payable Check
144178 02/06/2015 COASTAL REPROGRAPHIC SERVICES 81.00Accounts Payable Check
144179 02/06/2015 TIMOTHY & ERICA COLLINS 488.32Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144180 02/06/2015 COLONY AUTO SERVICE, INC.117.71Accounts Payable Check
144181 02/06/2015 CRYSTAL SPRINGS WATER 73.00Accounts Payable Check
144182 02/06/2015 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
144183 02/06/2015 DARRYL'S LOCK AND SAFE 310.24Accounts Payable Check
144184 02/06/2015 DANIEL A. DAVIS 252.00Accounts Payable Check
144185 02/06/2015 SHARON J. DAVIS 42.00Accounts Payable Check
144186 02/06/2015 DAY WIRELESS SYSTEMS 16,762.12Accounts Payable Check
144187 02/06/2015 NICHOLAS DEBAR 300.00Accounts Payable Check
144188 02/06/2015 DEEP BLUE INTEGRATION, INC.135.00Accounts Payable Check
144189 02/06/2015 DEPARTMENT OF FORESTRY & FIRE 1,048.00Accounts Payable Check
144190 02/06/2015 DEPARTMENT OF TRANSPORTATION 2,678.37Accounts Payable Check
144191 02/06/2015 JASON & CARLI DIODATI 244.16Accounts Payable Check
144192 02/06/2015 DIVERSIFIED PROJECT SERVICES 2,501.25Accounts Payable Check
144193 02/06/2015 DRIVE CUSTOMS 2,770.00Accounts Payable Check
144194 02/06/2015 ED'S FLYMEAT LLC 38.95Accounts Payable Check
144195 02/06/2015 ELECTRICRAFT, INC.31,379.25Accounts Payable Check
144196 02/06/2015 EMERGENCY VEHICLE SPECIALISTS 25,127.99Accounts Payable Check
144197 02/06/2015 BRANDON S. ERICKSON 140.00Accounts Payable Check
144198 02/06/2015 ERIC'S EQUIPMENT REPAIR, INC.1,041.88Accounts Payable Check
144199 02/06/2015 CLARA C. C. ERWIN 12.00Accounts Payable Check
144200 02/06/2015 EXECUTIVE INFORMATION SERVICES 500.00Accounts Payable Check
144201 02/06/2015 FARM SUPPLY COMPANY 61.26Accounts Payable Check
144202 02/06/2015 FEDERAL EXPRESS 12.30Accounts Payable Check
144203 02/06/2015 FERGUSON ENTERPRISES, INC.753.37Accounts Payable Check
144204 02/06/2015 FERRELL'S AUTO REPAIR 207.00Accounts Payable Check
144205 02/06/2015 FGL ENVIRONMENTAL 520.00Accounts Payable Check
144206 02/06/2015 BRYAN FINDLAY 100.00Accounts Payable Check
144207 02/06/2015 FOOD FOR LESS 70.57Accounts Payable Check
144208 02/06/2015 GAS COMPANY 2,275.57Accounts Payable Check
144209 02/06/2015 GEM AUTO PARTS 646.48Accounts Payable Check
144210 02/06/2015 GILBERT'S LANDSCAPES 407.91Accounts Payable Check
144211 02/06/2015 GOLDEN STATE COPIER & MAILING 95.87Accounts Payable Check
144212 02/06/2015 JASON C. GOOSSENS 273.00Accounts Payable Check
144213 02/06/2015 SANDRA GRISHAM 73.00Accounts Payable Check
144214 02/06/2015 BRADLEY A. HACKLEMAN 612.00Accounts Payable Check
144215 02/06/2015 CHRISTOPHER HALL 77.00Accounts Payable Check
144216 02/06/2015 HART IMPRESSIONS PRINT & COPY 276.01Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144217 02/06/2015 ETHAN L. HICKS 60.00Accounts Payable Check
144218 02/06/2015 VIRGINIA A. HIRAMATSU 37.50Accounts Payable Check
144219 02/06/2015 LYNDA HOREJSI 823.82Accounts Payable Check
144220 02/06/2015 EVELYN R. INGRAM 658.00Accounts Payable Check
144221 02/06/2015 INHOUSE SECURITY SERVICE, LLC 635.25Accounts Payable Check
144222 02/06/2015 THE INK CO.117.18Accounts Payable Check
144223 02/06/2015 J. CARROLL CORPORATION 58.00Accounts Payable Check
144224 02/06/2015 CAROL D. JANSSEN 62.40Accounts Payable Check
144225 02/06/2015 JIFFY LUBE 34.53Accounts Payable Check
144226 02/06/2015 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
144227 02/06/2015 L.N. CURTIS & SONS 58.48Accounts Payable Check
144228 02/06/2015 LEE WILSON ELECTRIC CO. INC 110.00Accounts Payable Check
144229 02/06/2015 LIFE ASSIST, INC.2,309.86Accounts Payable Check
144230 02/06/2015 ANDREW LUERA 255.00Accounts Payable Check
144231 02/06/2015 MADRONE LANDSCAPES, INC.9,479.00Accounts Payable Check
144232 02/06/2015 MAUREEN KANE & ASSC., INC.1,500.00Accounts Payable Check
144233 02/06/2015 GINNIE MAURER 76.50Accounts Payable Check
144234 02/06/2015 DONALD MESSER 244.16Accounts Payable Check
144235 02/06/2015 MICHAEL K. NUNLEY & ASSC, INC.8,563.13Accounts Payable Check
144236 02/06/2015 MID-COAST MOWER & SAW, INC.82.91Accounts Payable Check
144237 02/06/2015 MID-STATE CONCRETE PRODUCTS 5,702.88Accounts Payable Check
144238 02/06/2015 MINER'S ACE HARDWARE 794.71Accounts Payable Check
144239 02/06/2015 MISSION UNIFORM SERVICE 407.34Accounts Payable Check
144240 02/06/2015 REON C MONSON 333.00Accounts Payable Check
144241 02/06/2015 AMANDA MUTHER 55.96Accounts Payable Check
144242 02/06/2015 MV TRANSPORTATION, INC.10,301.72Accounts Payable Check
144243 02/06/2015 NORTHERN ENERGY 1,352.46Accounts Payable Check
144244 02/06/2015 O.C. TANNER 2,309.55Accounts Payable Check
144245 02/06/2015 RYAN J. O'CONNELL 140.00Accounts Payable Check
144246 02/06/2015 OFFICE DEPOT INC.680.78Accounts Payable Check
144247 02/06/2015 OFFICE OF THE SHERIFF 248.00Accounts Payable Check
144248 02/06/2015 ONTRAC 21.93Accounts Payable Check
144249 02/06/2015 TARA ORLICK 49.45Accounts Payable Check
144250 02/06/2015 PACIFIC COAST GYMNASTICS CENTE 4.20Accounts Payable Check
144252 02/06/2015 PACIFIC GAS AND ELECTRIC 19,167.94Accounts Payable Check
144253 02/06/2015 PASO ROBLES FORD LINCOLN MERC 69.12Accounts Payable Check
144254 02/06/2015 PFEIFFER PARTNERS, INC.3,391.25Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144255 02/06/2015 PROCARE JANITORIAL SUPPLY,INC.688.74Accounts Payable Check
144256 02/06/2015 PRW STEEL SUPPLY, INC.63.42Accounts Payable Check
144257 02/06/2015 ANTHONY N. QUINTERO 90.00Accounts Payable Check
144258 02/06/2015 JERI RANGEL 300.00Accounts Payable Check
144259 02/06/2015 RECOGNITION WORKS 361.43Accounts Payable Check
144260 02/06/2015 RACHELLE RICKARD 500.00Accounts Payable Check
144261 02/06/2015 ROB DAVIS BACKHOE 8,750.00Accounts Payable Check
144262 02/06/2015 SALEM CABINETRY, INC.2,840.00Accounts Payable Check
144263 02/06/2015 SAN LUIS PERSONNEL INC.660.96Accounts Payable Check
144264 02/06/2015 SAN LUIS POWERHOUSE, INC.737.62Accounts Payable Check
144265 02/06/2015 SHELL 629.18Accounts Payable Check
144266 02/06/2015 SHORIN-RYU KARATE 227.85Accounts Payable Check
144267 02/06/2015 DAVID L. SMAW 75.00Accounts Payable Check
144268 02/06/2015 JASON SMITH 86.00Accounts Payable Check
144269 02/06/2015 SOUTH COAST EMERGENCY VEH SVC 156.34Accounts Payable Check
144270 02/06/2015 CONNER M. SPEARS 1,190.00Accounts Payable Check
144271 02/06/2015 SRS CRISAFULLI, INC.992.00Accounts Payable Check
144272 02/06/2015 STAPLES CREDIT PLAN 761.63Accounts Payable Check
144273 02/06/2015 SUNLIGHT JANITORIAL 1,862.00Accounts Payable Check
144274 02/06/2015 CHRISTOPHER DANIEL THOMAS 195.00Accounts Payable Check
144275 02/06/2015 U.S. POSTMASTER 640.00Accounts Payable Check
144276 02/06/2015 ULTREX BUSINESS PRODUCTS 135.73Accounts Payable Check
144277 02/06/2015 UNION BANK, N.A.2,367.00Accounts Payable Check
144278 02/06/2015 UNITED STAFFING ASSC., INC.792.00Accounts Payable Check
144279 02/06/2015 VALLEY PACIFIC PETROLEUM SVCS 6,410.17Accounts Payable Check
144280 02/06/2015 SABRINA T. VAN BEEK 99.00Accounts Payable Check
144281 02/06/2015 VERIZON WIRELESS 1,808.12Accounts Payable Check
144282 02/06/2015 WALLACE GROUP 18,866.70Accounts Payable Check
144283 02/06/2015 KYLER P. WARREN 66.00Accounts Payable Check
144284 02/06/2015 WELL SEEN SIGN CO., LLC 32.25Accounts Payable Check
144285 02/06/2015 WESTERN JANITOR SUPPLY 349.62Accounts Payable Check
144286 02/06/2015 WEX BANK - 76 UNIVERSL 7,751.23Accounts Payable Check
144287 02/06/2015 WILBUR-ELLIS COMPANY 1,167.88Accounts Payable Check
144288 02/06/2015 KAREN B. WYKE 704.10Accounts Payable Check
144289 02/06/2015 ZEE MEDICAL SERVICES CO.14.24Accounts Payable Check
144290 02/12/2015 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144291 02/12/2015 ATASCADERO POLICE OFFICERS 1,161.25Payroll Vendor Payment
144292 02/12/2015 ATASCADERO PROF. FIREFIGHTERS 684.25Payroll Vendor Payment
144293 02/12/2015 FLEX-PLAN SERVICES INC.1,739.18Payroll Vendor Payment
144294 02/12/2015 HARTFORD LIFE INSURANCE 9,381.93Payroll Vendor Payment
144295 02/12/2015 NATIONWIDE RETIREMENT SOLUTION 766.52Payroll Vendor Payment
144296 02/12/2015 SEIU LOCAL 620 741.06Payroll Vendor Payment
144297 02/12/2015 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
144298 02/12/2015 VANTAGEPOINT TRNSFR AGT 304633 2,853.39Payroll Vendor Payment
1835 02/13/2015 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment
1836 02/13/2015 HEALTHEQUITY, INC.6,432.29Payroll Vendor Payment
1837 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 34,580.99Payroll Vendor Payment
1838 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 62,091.13Payroll Vendor Payment
1839 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 408.10Payroll Vendor Payment
1840 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,771.90Payroll Vendor Payment
1841 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 656.49Payroll Vendor Payment
1842 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,126.42Payroll Vendor Payment
1843 02/13/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,084.23Payroll Vendor Payment
1844 02/13/2015 CAL PERS 1,320.00Payroll Vendor Payment
1845 02/13/2015 CAL PERS 180.00Payroll Vendor Payment
1846 02/13/2015 CAL PERS 180.00Payroll Vendor Payment
1847 02/13/2015 CAL PERS 1,320.00Payroll Vendor Payment
1848 02/13/2015 CAL PERS 60.00Payroll Vendor Payment
1849 02/13/2015 CAL PERS 300.00Payroll Vendor Payment
1850 02/17/2015 RABOBANK, N.A.57,151.53Payroll Vendor Payment
1851 02/17/2015 EMPLOYMENT DEV DEPARTMENT 17,743.18Payroll Vendor Payment
1852 02/17/2015 EMPLOYMENT DEV. DEPARTMENT 1,630.29Payroll Vendor Payment
144299 02/19/2015 ALLSTATE WORKPLACE DIVISION 2,528.05Payroll Vendor Payment
144300 02/19/2015 BLUE SHIELD OF CALIFORNIA 129,569.60Payroll Vendor Payment
144301 02/19/2015 LINCOLN NATIONAL LIFE INS CO 973.53Payroll Vendor Payment
144302 02/19/2015 MEDICAL EYE SERVICES 1,662.46Payroll Vendor Payment
144303 02/19/2015 PREFERRED BENEFITS INSURANCE 9,438.10Payroll Vendor Payment
144304 02/20/2015 A & R CONSTRUCTION 2,518.00Accounts Payable Check
144305 02/20/2015 MATTHEW R. AANERUD 179.00Accounts Payable Check
144306 02/20/2015 ACTIVE NETWORK, INC.141.90Accounts Payable Check
144307 02/20/2015 AGP VIDEO, INC.3,192.50Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144308 02/20/2015 AHERN RENTALS 616.21Accounts Payable Check
144309 02/20/2015 AIR-RITE REFRIGERATION 855.94Accounts Payable Check
144310 02/20/2015 ALLIANT INSURANCE SERVICES INC 173.00Accounts Payable Check
144311 02/20/2015 AMERICAN MARBORG 107.25Accounts Payable Check
144312 02/20/2015 AMERICAN WEST TIRE & AUTO INC 2,702.30Accounts Payable Check
144313 02/20/2015 ANTECH DIAGNOSTICS 197.55Accounts Payable Check
144314 02/20/2015 ASSC. OF ZOOS & AQUARIUMS 964.07Accounts Payable Check
144316 02/20/2015 AT&T 1,172.38Accounts Payable Check
144317 02/20/2015 AT&T 172.07Accounts Payable Check
144318 02/20/2015 ATASCADERO HAY & FEED 662.75Accounts Payable Check
144319 02/20/2015 ATASCADERO NEWS 1,101.60Accounts Payable Check
144320 02/20/2015 AURORA WORLD, INC.1,126.66Accounts Payable Check
144321 02/20/2015 ALAN BAKER 27.86Accounts Payable Check
144322 02/20/2015 BARRY-OWEN CO., INC.233.53Accounts Payable Check
144323 02/20/2015 BASSETT'S CRICKET RANCH,INC.391.46Accounts Payable Check
144324 02/20/2015 BERRY MAN, INC.993.35Accounts Payable Check
144325 02/20/2015 NICHOLAS P. BOONISAR 36.00Accounts Payable Check
144326 02/20/2015 ALEX J. BRAZZI 195.00Accounts Payable Check
144327 02/20/2015 GREGORY A. BRAZZI 105.00Accounts Payable Check
144328 02/20/2015 CASEY BRYSON 1,600.00Accounts Payable Check
144329 02/20/2015 CA CODE CHECK, INC.5,424.38Accounts Payable Check
144330 02/20/2015 CALIFORNIA JPIA 175.00Accounts Payable Check
144331 02/20/2015 CAM-CA ASSC. OF MUSEUMS 500.00Accounts Payable Check
144332 02/20/2015 CENTRAL COAST HEALTHCARE,APMC 465.00Accounts Payable Check
144333 02/20/2015 MATTHEW L. CHESSON 179.00Accounts Payable Check
144334 02/20/2015 CITY OF PASO ROBLES 3,631.47Accounts Payable Check
144335 02/20/2015 KAREN A. CLANIN 66.50Accounts Payable Check
144336 02/20/2015 COAST ELECTRONICS 229.41Accounts Payable Check
144337 02/20/2015 COAST LINE DISTRIBUTING 410.77Accounts Payable Check
144338 02/20/2015 COLOR CRAFT PRINTING 151.48Accounts Payable Check
144339 02/20/2015 CRYSTAL SPRINGS WATER 28.40Accounts Payable Check
144340 02/20/2015 MATTHEW J. CURRY 120.00Accounts Payable Check
144341 02/20/2015 DEPARTMENT OF JUSTICE 471.00Accounts Payable Check
144342 02/20/2015 DIVERSIFIED PROJECT SERVICES 4,215.00Accounts Payable Check
144343 02/20/2015 DOCUTEAM 179.28Accounts Payable Check
144344 02/20/2015 ED'S FLYMEAT LLC 82.90Accounts Payable Check
144345 02/20/2015 EL CAMINO CAR WASH 22.99Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144346 02/20/2015 EMERGENCY VEHICLE SPECIALISTS 11,463.98Accounts Payable Check
144347 02/20/2015 AUSTIN E. ERB 120.00Accounts Payable Check
144348 02/20/2015 ESCUELA DEL RIO 660.00Accounts Payable Check
144349 02/20/2015 ESTANCIA DEVELOPMENT, LLC.840.00Accounts Payable Check
144350 02/20/2015 FEDERAL EXPRESS 30.51Accounts Payable Check
144351 02/20/2015 FERGUSON ENTERPRISES, INC.289.04Accounts Payable Check
144352 02/20/2015 FERRELL'S AUTO REPAIR 471.02Accounts Payable Check
144353 02/20/2015 THOMAS E. GANDY 7.18Accounts Payable Check
144354 02/20/2015 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check
144355 02/20/2015 GAS COMPANY 1,070.70Accounts Payable Check
144356 02/20/2015 GEM AUTO PARTS 197.85Accounts Payable Check
144357 02/20/2015 JASON C. GOOSSENS 52.00Accounts Payable Check
144358 02/20/2015 GREEN TRADING USA 149.97Accounts Payable Check
144359 02/20/2015 HART IMPRESSIONS PRINT & COPY 854.90Accounts Payable Check
144361 02/20/2015 HOME DEPOT CREDIT SERVICES 1,976.82Accounts Payable Check
144362 02/20/2015 INGLIS PET HOTEL 146.20Accounts Payable Check
144363 02/20/2015 EVELYN R. INGRAM 848.75Accounts Payable Check
144364 02/20/2015 THE INK CO.126.84Accounts Payable Check
144365 02/20/2015 INTOXIMETERS 271.50Accounts Payable Check
144366 02/20/2015 J.S.M. ELECTRIC 112.00Accounts Payable Check
144367 02/20/2015 JIFFY LUBE 134.73Accounts Payable Check
144368 02/20/2015 K & M INTERNATIONAL 1,901.28Accounts Payable Check
144369 02/20/2015 JOY C. KENT 180.00Accounts Payable Check
144370 02/20/2015 AMBER KNOWLES 47.12Accounts Payable Check
144371 02/20/2015 KPRL 1230 AM 320.00Accounts Payable Check
144372 02/20/2015 KRITZ EXCAVATING & TRUCKNG INC 1,408.69Accounts Payable Check
144373 02/20/2015 LAYNE LABORATORIES, INC.98.90Accounts Payable Check
144374 02/20/2015 LEAGUE OF CALIFORNIA CITIES 450.00Accounts Payable Check
144375 02/20/2015 LEE WILSON ELECTRIC CO. INC 955.07Accounts Payable Check
144376 02/20/2015 LIFE ASSIST, INC.564.87Accounts Payable Check
144377 02/20/2015 MADRONE LANDSCAPES, INC.10,464.41Accounts Payable Check
144378 02/20/2015 MAINLINE UTILITY CO.4,325.00Accounts Payable Check
144379 02/20/2015 MID-COAST GEOTECHNICAL, INC.570.00Accounts Payable Check
144380 02/20/2015 MID-COAST MOWER & SAW, INC.363.59Accounts Payable Check
144381 02/20/2015 MINER'S ACE HARDWARE 519.34Accounts Payable Check
144382 02/20/2015 VOID 0.00Accounts Payable Check
144383 02/20/2015 MISSION UNIFORM SERVICE 179.98Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144384 02/20/2015 NATHAN A. MUELLER 220.00Accounts Payable Check
144385 02/20/2015 MV TRANSPORTATION, INC.10,396.96Accounts Payable Check
144386 02/20/2015 MWI VETERINARY SUPPLY CO.146.74Accounts Payable Check
144387 02/20/2015 NEW TIMES 500.00Accounts Payable Check
144388 02/20/2015 NORTH COAST ENGINEERING INC.1,539.75Accounts Payable Check
144389 02/20/2015 OFFICE DEPOT INC.552.56Accounts Payable Check
144390 02/20/2015 ONTRAC 10.70Accounts Payable Check
144391 02/20/2015 O'REILLY AUTOMOTIVE, INC.75.98Accounts Payable Check
144392 02/20/2015 RON OVERACKER 128.00Accounts Payable Check
144393 02/20/2015 PACIFIC GAS AND ELECTRIC 18,136.64Accounts Payable Check
144394 02/20/2015 PASO ROBLES FORD LINCOLN MERC 69.12Accounts Payable Check
144395 02/20/2015 PATTERSON MEDICAL SUPPLY, INC.120.02Accounts Payable Check
144396 02/20/2015 PCM-G 768.63Accounts Payable Check
144397 02/20/2015 PERRY'S PARCEL & GIFT 86.22Accounts Payable Check
144398 02/20/2015 PG&E CFM/PPC DEPARTMENT 26,858.31Accounts Payable Check
144399 02/20/2015 PROCARE JANITORIAL SUPPLY,INC.377.51Accounts Payable Check
144400 02/20/2015 PVP COMMUNICATIONS, INC.1,084.69Accounts Payable Check
144401 02/20/2015 ANTHONY N. QUINTERO 60.00Accounts Payable Check
144402 02/20/2015 VOID 0.00Accounts Payable Check
144403 02/20/2015 REPUBLIC ELEVATOR COMPANY 426.00Accounts Payable Check
144404 02/20/2015 SAN LUIS PERSONNEL INC.1,395.36Accounts Payable Check
144405 02/20/2015 SERVICE SYSTEMS ASSC, INC.2,000.00Accounts Payable Check
144406 02/20/2015 SLO COUNTY CLERK-RECORDER 22,350.29Accounts Payable Check
144407 02/20/2015 SLO COUNTY SHERIFF'S OFFICE 3,800.43Accounts Payable Check
144408 02/20/2015 SMART AND FINAL 324.13Accounts Payable Check
144409 02/20/2015 DAVID L. SMAW 105.00Accounts Payable Check
144410 02/20/2015 BRUCE ST. JOHN 524.55Accounts Payable Check
144411 02/20/2015 STANLEY CONVERGENT SECURITY 523.58Accounts Payable Check
144412 02/20/2015 STATE BOARD OF EQUALIZATION 416.00Accounts Payable Check
144413 02/20/2015 STEVEN STUCKY 146.31Accounts Payable Check
144414 02/20/2015 SUNLIGHT JANITORIAL 1,700.00Accounts Payable Check
144415 02/20/2015 JOHN W. TAYLOR 179.00Accounts Payable Check
144416 02/20/2015 CHRISTOPHER DANIEL THOMAS 150.00Accounts Payable Check
144420 02/20/2015 U.S. BANK 19,705.74Accounts Payable Check
144421 02/20/2015 ULTREX BUSINESS PRODUCTS 288.12Accounts Payable Check
144422 02/20/2015 UNITED STAFFING ASSC., INC.6,553.80Accounts Payable Check
144423 02/20/2015 VALLEY PACIFIC PETROLEUM SVCS 2,451.45Accounts Payable Check
ITEM NUMBER: A-6
DATE: 04/14/15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of February 2015
144424 02/20/2015 SABRINA T. VAN BEEK 66.00Accounts Payable Check
144425 02/20/2015 VERIZON WIRELESS 646.42Accounts Payable Check
144426 02/20/2015 WARM FUZZY TOYS 540.71Accounts Payable Check
144427 02/20/2015 CHARLES D PALADIN WAYNE 670.80Accounts Payable Check
144428 02/20/2015 BRANDON J. WELLS 377.00Accounts Payable Check
144429 02/20/2015 WISHPETS CO.141.54Accounts Payable Check
144430 02/20/2015 PAUL JEFFREY ZEHNER 810.00Accounts Payable Check
144431 02/20/2015 ZOO MED LABORATORIES, INC.515.71Accounts Payable Check
144432 02/26/2015 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
144433 02/26/2015 ATASCADERO POLICE OFFICERS 1,136.25Payroll Vendor Payment
144434 02/26/2015 ATASCADERO PROF. FIREFIGHTERS 684.25Payroll Vendor Payment
144435 02/26/2015 FLEX-PLAN SERVICES INC.1,739.18Payroll Vendor Payment
144436 02/26/2015 FLEX-PLAN SERVICES INC.75.00Payroll Vendor Payment
144437 02/26/2015 HARTFORD LIFE INSURANCE 9,281.93Payroll Vendor Payment
144438 02/26/2015 NATIONWIDE RETIREMENT SOLUTION 745.52Payroll Vendor Payment
144439 02/26/2015 SEIU LOCAL 620 760.11Payroll Vendor Payment
144440 02/26/2015 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
144441 02/26/2015 VANTAGEPOINT TRNSFR AGT 304633 2,853.39Payroll Vendor Payment
1853 02/27/2015 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment
1854 02/27/2015 HEALTHEQUITY, INC.6,401.71Payroll Vendor Payment
1855 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 29,057.12Payroll Vendor Payment
1856 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 60,923.62Payroll Vendor Payment
1857 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 398.87Payroll Vendor Payment
1858 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,440.60Payroll Vendor Payment
1859 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 611.14Payroll Vendor Payment
1860 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,126.42Payroll Vendor Payment
1861 02/27/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,082.69Payroll Vendor Payment
$997,120.40
ITEM NUMBER: A-6
DATE: 04/14/15
ITEM NUMBER: B-1
DATE: 04/14/15
Atascadero City Council
Staff Report – Community Development Department
Community Facilities District 2005-1
Annexation No. 13
Atascadero Triangle
(People’s Self Help Housing)
RECOMMENDATIONS:
Council:
1. Conduct a public hearing on the proposed annexation; and,
2. Adopt Draft Resolution A, authorizing the territory identified in City Council
Resolution 2015-012 to be annexed into the Community Facilities District No.
2005-1, authorizing the levy of a special tax and submitting the levy of a special
tax to qualified electors; and,
3. Direct the City Clerk to conduct a landowner vote of annexation and collect and
count the ballots.
Council to recess until ballots are counted
4. Adopt Draft Resolution B, declaring the results of a special annexation
landowner election, determining the validity of prior proceedings and directing
the recording of an amendment to the notice of special tax lien; and,
5. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of
special taxes in Community Facilities District 2005-1 for certain annexation
territory.
DISCUSSION:
Background:
In May 2005, the City Council established Community Facilities District (CFD) No. 2005-
1 to fund a portion of the cost for new Police, Fire and park services needed to serve
new residential development within the City. The Government Code of the State of
California, commencing with Section 53311, allows the formation of such districts to
ITEM NUMBER: B-1
DATE: 04/14/15
provide a financial mechanism to pay for such new services through the levy of a
Special Tax against the properties that will receive the new services.
On January 24, 2006, the Council held a public hearing regarding the future annexation
area and the proposed rate and method of apportionment of the special tax to be levied
within the future annexation area. Council then adopted Resolution No. 2006-013,
authorizing the future annexation of territory to Community Facilities District No. 2005 -1.
The adoption of Resolution No. 2006 -013 on January 24, 2006, created a more efficient
annexation process. Future projects requiring annexation into this CFD require only one
Council Meeting to hold a Public Hearing to formally annex the development into the
CFD. Due to recent court case rulings, Staff has modified the process to ensure
annexations concur with the State Law.
On February 24, 2015, the City Council approved a resolution of “intent to annex” the
Atascadero Triangle Project into CFD No. 2005-1. The annexation boundary was
established and set the place and time for a public hearing (Apr il 14, 2015). The
Annexation boundary map was recorded with the San Luis Obispo County Recorder’s
Office on March 2, 2015. Based on this methodology, a public hearing for annexation
into the City’s CFD cannot be held less than 30 days from the adoption of the intent to
annex resolution. The 30-day period has passed, and the project is ready to complete
the annexation process.
Analysis:
The Resolution before Council is the final necessary steps for the establishment of
Annexation No. 13 for CFD 2005-1 to supplement the funding of new Police, Fire, and
park services for the Atascadero Triangle project. The annual amount of Special Tax
levied against Single-Family Residential parcels in the CFD for Fiscal Year 2014-2015
was $648.08, which is subject to an annual escalator, to pay for the service expansion
needed to serve these additional residential units. The money collected can only be
used to fund new public services authorized to be funded by the State Mello-Roos Act
and identified within the Rate and Method of Apportionment, and cannot be used to
support existing services.
The City of Atascadero has established a policy as part of the General Plan that
recognizes that determining the best use of land based solely 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 projects but they come at a cost. That
cost is that new residential development must pay for the full cost of services to be
provided to the residents of the development. The new development should not dilute
or require the reduction of services currently provided to existing residents. Part of the
General Plan requires:
ITEM NUMBER: B-1
DATE: 04/14/15
“The City shall require the establishment of facilities districts and/or maintenance
districts to cover revenue shortfalls on a project.”
In August 2003, the fiscal impact reports for Dove Creek Planned Development and
Woodridge Specific Plan were completed. At the same time the City purchased a fiscal
model (Taussig Study) to determine the fiscal impact of new residential projects. As the
magnitude of the cost of serving residential units became known, Council policy
changed to require all residential developments requiring a zoning change to be
annexed into the CFD. The 2013 Financial Strategy states the City will:
o “Ensure that adequate funding is in place to provide essential services to
new residents without diluting services f or existing residents by:
Formation of a Community Services District to fund the addition of
the necessary police, fire and parks personnel needed to provide
services to these new residents;
Requiring each project that comes before Council to annex
into the newly formed Community Facilities District. (The
general plan requires that only developments with 100 or more
units be fiscally neutral);
Formation of road maintenance districts in order to provide an
ongoing revenue source needed to maintain new, expan ded or
recently accepted roads.
o Require that new growth pay for the expansion of facilities and
infrastructure necessary to serve the expanding population;
o Plan community growth with service and maintenance funding
requirements in mind.”
The applicant, People’s Self Help Housing, received project amendments to a
previously approved planned development on January 13, 2015. A condition of final
map recordation is to annex into the City’s CFD.
After the close of the annexation’s Public Hearing, the City Council may adopt the
Resolution, which officially establishes the annexation of territory to Community
Facilities District 2005-1. If approved, the Resolution authorizes the levy of special
taxes within such Annexation area.
After adoption of the Resolution, the City Clerk will hold a landowner election, verifying
that the property owner(s) wish to annex into the City’s CFD. If the landowners elect to
annex into the CFD, the City Council will certify the election and introduce for first
reading, by title only, Draft Ordinance A, authorizing the special additional CFD taxes
for annexation area 13 (Atascadero Triangle). Once the annexation election is
completed, the project’s final subdivision map will be brought at a later date to finalize
the subdivision.
ITEM NUMBER: B-1
DATE: 04/14/15
Conclusion:
The Atascadero Triangle residential subdivision 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 final map to be recorded. Because this is an
affordable housing development, new property owners qualify for waivers from yearly
CFD fees. This is typically done through the deed restriction on affordable housing units
at the time of sale. Since USDA does not allow for deed restri ctions to be placed on the
property at the time of sale, owners will have the opportunity to enter into a deed of
trust and restriction to waive the CFD fee if the property owners meet certain conditions
after the close of sale. While the Project is currently an affordable housing
development, over time the houses will be re-sold to individuals and families that do not
qualify for affordable housing. It is important to place the Project in the CFD so that in
the future, as houses are re-sold to non-qualifying homeowners, the City may collect
the CFD fees associated with all other non-affordable developments within the City.
This program is done on a voluntary basis, and homeowners may choose to enter into
an agreement with the City or may choose to opt out and pay the fee. This program is
similar to the one set up at El Camino Oaks, a 24 unit affordable housing subdivision
which was recently completed in cooperation with the applicant. Most homeowners
participated in the waiver program, while some opted out and continue to pay the yearly
fee.
FISCAL IMPACT:
The establishment of Annexation No. 13 into the CFD is intended to mitigate the fiscal
impact of residential development on the City, and would provide up to $7,128.88
annually, based on the current rates, to fund the expansion of Police, Fire, and Park
Services.
ALTERNATIVES:
Refer the item back to staff for additional review and analysis as directed by Council .
ITEM NUMBER: B-1
DATE: 04/14/15
ATTACHMENTS:
1. Aerial Map
2. Proposed Annexation Area
3. Draft Resolution A, authorizing the annexation of territory identified in City
Council Resolution 2015-012 to be annexed into the Community Facilities District
No. 2005-1, authorizing the levy of a special tax and submitting the levy of a
special tax to qualified electors;
4. Draft Resolution B, declaring the results of a special annexation landowner
election, determining the validity of prior proceedings and directing the reco rding
of an amendment to the notice of special tax lien;
5. Draft Ordinance A, authorizing the levy of special taxes in Community Facilities
District 2005-1 for certain annexation territory.
ITEM NUMBER: B-1
DATE: 04/14/15
Attachment 1: Aerial Map
Project Site
Area 1
Area 2
ITEM NUMBER: B-1
DATE: 04/14/15
Attachment 2: Proposed Annexation Area
ITEM NUMBER: B-1
DATE: 04/14/15
Attachment 3: Draft Resolution A – Authorization to Annex into CFD 2005-1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
ANNEXATION OF TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (Public Services),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND
SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter referred to as the “Act”), the City Council
of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of
Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and
WHEREAS, this City Council on February 24, 2015, adopted its Resolution No. 2015-
012 entitled “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” (the “Resolution of
Intention”) stating its intention to annex the territory to the District pursuant to the Act; and,
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map
of the proposed boundaries of the territory to be annexed to the District, stating the services to be
funded by the District and the rate and method of apportionment of the special tax to be levied
within the District to pay for the services is on file with the City Clerk and the provisions thereof
are fully incorporated herein by this reference as if fully set forth herein; and,
WHEREAS, on the date hereof, this City Council held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed annexation of
territory to the District; and,
WHEREAS, at the hearing all interested persons desiring to be heard on all matters
pertaining to the annexation of territory to the District and the levy of special taxes within the
area proposed to be annexed were heard and a full and fair hearing was held; and,
WHEREAS, prior to the closing of the hearing, no written or oral protests had been
made against the proposed annexation of territory to the District by (i) any registered voter
residing in the existing District, (ii) any registered voter residing in the territory proposed to be
annexed to the District, (iii) any of the owners of land in the existing District, or (iv) any of the
owners of land in the territory proposed to be annexed to the District; and,
ITEM NUMBER: B-1
DATE: 04/14/15
WHEREAS, Annexation Map No. 13 to the District has been filed with the County
Recorder of the County of San Luis Obispo, which map shows the territory to be annexed in
these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. All prior proceedings taken by this City Council with respect to the District
and the proposed annexation of territory thereto have been duly considered and are hereby
determined to be valid and in conformity with the Act, and the District has been validly
established pursuant to the Act.
SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in
the map entitled “Annexation Map No. 13 of Community Facilities District No. 2005 -1 (Public
Services)” on file with the City Clerk and heretofore recorded in the San Luis Obispo County
Recorder’s Office on March 3, 2015, in Book 5 at Page 85 of Maps of Assessment and
Community Facilities Districts are hereby finally approved, are incorporated herein by this
reference, and shall be included within the boundaries of the District, and said territory is hereby
ordered annexed to the District, subject to voter approval of the levy of the special taxes therein
as hereinafter provided.
SECTION 4. The provisions of the Resolution of Intention is, by this reference
incorporated herein, as if fully set forth herein.
SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the
special tax within the territory to be annexed to the District shall be submitted to the qualified
electors of the area to be annexed to the District at an election called therefor as hereinafter
provided.
SECTION 6. This City Council hereby finds that fewer than 12 persons have been
registered to vote within the territory proposed to be annexed to the District for each of the 90
days preceding the close of the public hearing heretofore conducted and concluded by this City
Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section
53326 of the Act, this City Council finds that the qualified electors for purposes of the
annexation election are the landowners within the territory proposed to be annexed to the District
and that the vote shall be by said landowners, each having one vote for each acre or portion
thereof such landowner owns in the territory proposed to be annexed to the District.
SECTION 7. This City Council hereby calls a special election to consider the measure
described in Section 5 above, which election shall be held in the meeting room of the City
Council immediately following adoption of this Resolution. The City Clerk is hereby designated
as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file
the Resolution of Intention, a certified map of the proposed boundaries of the territory to be
annexed to the District, and a sufficient description to allow the City Clerk to determine the
boundaries of the territory to be annexed to the District.
ITEM NUMBER: B-1
DATE: 04/14/15
The voted ballots shall be returned to the City Clerk no later than immediately following
the adoption of this Resolution; and when the qualified electors have voted the election shall be
closed.
Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the
California Elections Code, provided, however, that for purposes of setting the date for the
election, Sections 53326 and 53327 of the Act shall govern.
This City Council acknowledges that the City Clerk has caused to be delivered to the
qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot
indicated the number of votes to be voted by each landowner.
The ballot was accompanied by all supplies and written instructions necessary for the use
and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot,
had the return postage prepaid, and contained the following: (a) the name and address of the
landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of
record or authorized representative of the landowner entitled to vote and is the person whose
name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the
date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a
notice that the envelope contains an official ballot and is to be opened only by the canvassing
City Council.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327(b) of the Act.
The City Clerk shall accept the ballots of the qualified electors in the City of Atascadero
City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot
is personally delivered or is received by mail. The City Clerk shall have ballots available which
may be marked at said location on the election day by the qualified electors.
SECTION 8. This City Council hereby further finds that the provision of Section 53326
of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse
before said special election is for the protection of the qualified electors of the territory to be
annexed to the District. The ballots to be executed by the qualified electors of the area to be
annexed to the District contains a waiver of any time limit pertaining to the conduct of the
election and a waiver of any requirement for ballot measure analysis and arguments in
connection with the election. Accordingly, this City Council finds and determines that, to the
extent that the qualified elector submits its ballot, the qualified elector will have been fully
apprised of and have agreed to the shortened time for the election and waiver of ballot measure
analysis and arguments, and will have thereby been fully protected in these proceedings. This
City Council also finds and determines that the City Clerk has concurred in the shortened time
for the election.
SECTION 9. This Resolution shall take effect upon its adoption.
ITEM NUMBER: B-1
DATE: 04/14/15
PASSED AND ADOPTED by the City Council of the City of Atascadero, California,
this 14th day of April, 2015, upon a motion by Council Member ________________________,
seconded by Council Member ________________________, by the following 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: B-1
DATE: 04/14/15
EXHIBIT A
OFFICIAL BALLOT
ANNEXATION SPECIAL TAX ELECTION
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 13
This ballot is for a landowner Special Tax Election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Atascadero no later
than 6:00 p.m. on April 14, 2015 either by mail or in person. The City Clerk's office is located at
6500 Palma Ave, Atascadero, California, 93422.
To vote, mark a cross (X) in the voting square after the word “YES” or after the word
"NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you
wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Atascadero and
obtain another.
BALLOT MEASURE: Shall the City of Atascadero, by and for
its Community Facilities District No. 2005-1 (Public Services)
(the “CFD”), be authorized to annually levy a special tax within
the territory identified as Annexation No. 13 to the CFD in
accordance with the rate and method of apportionment
described in Resolution No. 2015-012 adopted by the Council
of the City of Atascadero on February 24, 2015? And shall an
appropriations limit, as defined by subdivision (h) of Section 8
of Article XIIIB of the California Constitution, be established for
Annexation No. 13 of the City of Atascadero Community
Facilities District No. 2005-1 (Public Services), County of San
Luis Obispo, State of California, in the amount of $1,000,000?
YES:
NO:
By execution in the space provided below, you also confirm your written waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and arguments
with respect to the ballot measure.
Number of Votes: 2
People's Self Help Housing Corporation
San Luis Obispo County Assessor’s Parcel Numbers: 030-283-007, and 030-283-008
By:
Name:
Title:
ITEM NUMBER: B-1
DATE: 04/14/15
Attachment 4: Draft Resolution B – Declaring Results of Election
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING THE RECORDING OF AN AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter referred to as the “Act”), the City
Council of the City of Atascadero (the “City”) previously conducted proceedings to establish
the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the
“District”), and,
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this
City Council has adopted a Resolution entitled “Resolution of the City Council of the City of
Atascadero, California, Authorizing the Annexation of Territory into Community Facilities
District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting
the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called
for a special election of the qualified landowner electors in the territory of land proposed to be
annexed to the District; and,
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this
reference incorporated herein, the special election has been held and the City Clerk has on file a
Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached
hereto as Exhibit A; and,
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate,
and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The issue presented at the special election was the levy of a special tax
within the territory annexed to the District, to be levied in accordance with the formula
heretofore approved by this City Council, all as described in Resolution No. 2015-012, entitled
“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
ITEM NUMBER: B-1
DATE: 04/14/15
Annexation No. 13, and to Authorize the Levy of Special Taxes Therein” adopted by this City
Council on February 24, 2015.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at
the special election was approved by the landowners of the territory annexed to the District by
more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to
be fully annexed to and part of the District and this City Council may levy special taxes therein
as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to the District and the territory annexed thereto were valid and in
conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall
execute and cause to be recorded in the office of the County Recorder of the County of San
Luis Obispo, an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of
the Act.
SECTION 7. This Resolution shall take effect upon its adoption.
ITEM NUMBER: B-1
DATE: 04/14/15
PASSED AND ADOPTED by the City Council of the City of Atascadero, California,
this 14th day of April, 2015, upon a motion by Council Member ________________________,
seconded by Council Member ________________________, by the following 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: B-1
DATE: 04/14/15
EXHIBIT A
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 13
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on April 14, 2015, I canvassed the returns of the election held on April 14,
2015, for the City of Atascadero Community Facilities District No. 2005-1 (Public Services)
Annexation No. 13 and the total number of votes cast in such election and the total number of
votes cast for and against the measure are as follows and the totals as shown for and against the
measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Atascadero Community Facilities
District No. 2005-1 (Public Services)
Annexation No. 13
Special Tax Election, April 14, 2015 __2__ _____ _____ _____
BALLOT MEASURE: Shall the City of Atascadero, by and for
its Community Facilities District No. 2005-1 (Public Services)
(the “CFD”), be authorized to annually levy a special tax within
the territory identified as Annexation No. 13 to the CFD in
accordance with the rate and method of apportionment
described in Resolution No. 2015-012 adopted by the Council
of the City of Atascadero on February 24, 2015? And shall an
appropriations limit, as defined by subdivision (h) of Section 8
of Article XIIIB of the California Constitution, be established for
Annexation No. 13 of the City of Atascadero Community
Facilities District No. 2005-1 (Public Services), County of San
Luis Obispo, State of California, in the amount of $1,000,000?
YES:
NO:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on April 14, 2015.
By: _____________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
City of Atascadero
ITEM NUMBER: B-1
DATE: 04/14/15
Attachment 5: Draft Ordinance A – Special Tax Levy
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY
WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to
the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2,
Title 5 of the Government Code of the State of California (the “Act”) and the City of
Atascadero Community Facilities District No. 2005-1 (Public Services) Ordinance enacted
pursuant to the powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article
XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD
Ordinance may be referred to collectively as the “Community Facilities District Law”), to
establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services)
(the “District”) for the purpose of financing police services, fire protection and suppression
services, and park services (the “Services”) as provided in the Act; and,
WHEREAS, the rate and method of apportionment of special tax for the District is set
forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of
the City of Atascadero, California, For the Formation of Community Facilities District No.
2005-1 (Public Services” (the “Resolution of Formation”), which was adopted on May 24,
2005; and,
WHEREAS, the City has conducted proceedings to annex territory into the District and,
with respect to the proceedings, following an election of the qualified electors in the territory
proposed for annexation (the “Annexation Territory”), the City Council, on April 14, 2015,
adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero,
California, Declaring the Results of Special Annexation Landowner Election, Determining
Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of
Special Tax Lien.”
NOW, THEREFORE, the City Council of the City of Atascadero, does hereby ORDAIN
as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation Territory,
ITEM NUMBER: B-1
DATE: 04/14/15
pursuant to the Community Facilities District Law, at the rate and in accordance with the rate
and method of apportionment of special tax set forth in the Resolution of Formation, which rate
and method is by this reference incorporated herein. The special tax has previously been levied
in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance
No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is hereby
levied commencing in Fiscal Year 2015-16 in the District, including the Annexation Territory,
and in each fiscal year thereafter to pay for the Services for the District and all costs of
administering the District.
SECTION 3. The City’s Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property within the
District, including the Annexation Territory, in the manner and as provided in the Resolution of
Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities District
Law. In no event shall the special tax be levied on any parcel within the District in excess of
the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City in
administering the District, and the costs of collecting and administering the special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad valorem
taxes; provided, however, that the City Council may provide for other appropriate methods of
collection by resolution(s) of the City Council. The Finance Director of the City is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of the
County of San Luis Obispo in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of San Luis
Obispo for Fiscal Year 2015-16 and for each fiscal year thereafter until no longer required to
pay for the Services or until otherwise terminated by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be
invalid, or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of this
Ordinance and the application of the special tax to the remaining parcels within the District,
including the Annexation Territory, shall not be affected.
SECTION 8. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published twice: at least five days prior to its final
passage in the Atascadero News, a newspaper published and circulated in the City of
ITEM NUMBER: B-1
DATE: 04/14/15
Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the
Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of
the full text of this ordinance shall be on file in the City Clerk’s Office on and after the date
following introduction and passage and shall be available to any interested member of the
public.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
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: C-1
DATE: 04/14/15
Atascadero City Council
Staff Report – City Manager’s Office
San Luis Obispo County Tourism Marketing District
Board Appointment
RECOMMENDATION:
Council appoint a lodging representative to the Board of Directors for the San Luis
Obispo County Tourism Marketing District.
DISCUSSION:
The Visit San Luis Obispo County (VSLOC), formerly the San Luis Obispo County
Visitors and Conference Bureau (SLOVCB), is a non-profit organization which promotes
San Luis Obispo County through advertising, marketing, public relations and group
sales. The organization is currently funded by annual contributions from local agencies.
The VSLOC has been working for over a year to develop a sustainable funding source.
After discussions with local governments, hoteliers, and other hospitality partners, the
VSLOC moved forward with the development of a Tourism Marketing District (TMD).
The City Council voted in January 2015 to suppo rt the formation of the County Tourism
Marketing District.
The District proposed by VSLOC would assess one percent (1%) on gross short -term
room rental revenue for an initial five (5) year term. The County TMD’s initial year’s
budget is projected to be $2,800,000. All lodging businesses within San Luis Obispo
County, both incorporated and unincorporated, would be assessed.
VSLOC will serve as the TMD’s Owners’ Association. It will be responsible for
managing the funds and implementing the strategic marketing programs. The TMD will
be governed by a fifteen-member Board of Directors who will also serve as Directors on
the VSLOC’s Board. In addition to the Board of Directors, the TMD Plan establishes a
Marketing Committee and an Advisory Committee. The Board will strive to ensure that
each jurisdiction is represented in approximate proportion to the amount contributed by
lodging businesses in that jurisdiction. The Directors will include the following:
ITEM NUMBER: C-1
DATE: 04/14/15
At least one representative of lodging business in each jurisdiction
One representative each from a vacation rental, a bed and breakfast, and an
R.V. park
One representative who is appointed by the County of San Luis Obispo
Three at-large members
The Board of Directors will serve for staggered three-year terms. The initial Board will
serve for terms of one, two, or three years and at the initial meeting each director shall
draw lots to determine their term. Approximately one -third of the initial board shall serve
for a one-year term, one-third for a two-year term, and one-third for a three-year term.
The next step is for the City of Atascadero to appoint a lodging representative of an
assessed lodging business to be Atascadero’s representative on the County TMD. The
Visit San Luis Obispo County (VSLOC) requests that this representative be able to
attend the monthly meetings so that they may assure the business of the organization
can be conducted. Board meetings are currently held on the third Wednesday of each
month from 8:30 – 10:00 am and rotate locations throughout the County.
In March, the City sent out a letter to all registered lodging owners within the City of
Atascadero. The letter asked anyone interested in serving on the County TMD to
complete an application and return the application to the City Clerk by April 2, 2015.
The City received one application from an interested lodging owner (attached).
VSLOC would like to have the Board in place as soon as possible so they are ready to
move forward once the San Luis Obispo County Board of Supervisors approves the
formation of the TMD.
FISCAL IMPACT:
None
ALTERNATIVES:
None
ATTACHMENTS:
1. Application
ITEM NUMBER: C-1
DATE: 04/14/15
ATTACHMENT: 1
ITEM NUMBER: C-2
DATE: 04/14/15
Atascadero City Council
Staff Report – City Clerk
Amendments to Municipal Code Relating to the
Planning and Parks & Recreation Commissions
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance, amending Section
2-9.02 and Title 2 Chapter 13 of the Atascadero Municipal Code relating to the Planning
Commission and the Parks and Recreation Commission.
DISCUSSION:
The Planning Commission and the Parks and Recreation Commission were originally
created in 1985 by the adoption of an Ordinance. Over the years, a few ordinances
have been adopted to amend portions of the Municipal Code concerning the
Commissions.
The Parks & Recreation Commission has met once a month for many years. In recent
years, due to a lack of items to bring to them, the Parks & Recreation Commission
meetings were frequently cancelled. The City Council, during their Strategic Planning
Workshop in January 2013, suspended the Parks & Recreation Commission meetings
until further notice, due to the lack of issues to bring to the Commission. Since then,
there have been a few issues that the City Council wanted the Commission to review,
and meetings were scheduled.
The City Council asked staff to bring an ordinance to them:
Amending the Municipal Code concerning the Parks & Recreation
Commission and how often they are required to meet.
Making the appointment process similar to that currently in use for the
Planning Commission
Listing that the Commission’s meetings are to be held “as needed.”
Other changes to this Chapter of the Municipal Code to bring the Code up
to date with the City’s current practice.
ITEM NUMBER: C-2
DATE: 04/14/15
In 2013, the City Council adopted an Ordinance that amended the appointment process
for the Planning Commission members. Staff recently noticed an error in that
amendment, and is proposing clean-up language in the proposed Ordinance.
FISCAL IMPACT:
None
ALTERNATIVES:
The City Council may make other changes to Title 2 Chapter 9, and Title 2 Chapter 13,
of the Municipal Code.
ATTACHMENTS:
1. Draft Ordinance
ITEM NUMBER: C-2
DATE: 04/14/15
ATTACHMENT: 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING SECTION 2-9.02 OF THE ATASCADERO
MUNICIPAL CODE RELATING TO THE PLANNING COMMISSION,
AND AMENDING TITLE 2 CHAPTER 13 OF THE ATASCADERO
MUNICIPAL CODE RELATING TO THE PARKS AND RECREATION
COMMISSION
WHEREAS, the City Council of the City of Atascadero has previously adopted codes for the
Planning Commission and Parks and Recreation Commission; and,
WHEREAS, the City Council of the City of Atascadero finds that the following changes to the
Atascadero Municipal Code are reasonably necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
ORDAIN AS FOLLOWS:
Section 1. Atascadero Municipal Code Section 2-9.02 is amended to read as follows:
2-9.02 Members—Appointment—Terms of office.
The City Council shall appoint members of the Planning Commission as follows: two (2)
members shall be appointed by a majority vote of the entire Council. Those two (2) positions
shall be appointed for terms of two (2) years commencing January 1st of each odd-numbered
year and expiring December 31st of each even-numbered year. Except as modified below the
remaining five (5) members shall be directly appointed by each individual City Councilmember
in the December of each even-numbered yearfollowing a general municipal election. The terms
of appointment for the directly appointed members of the Planning Commission shall be two (2)
years, commencing on January 1st of each odd-numbered year, and expiring on December 31st
of each even-numbered year. Appointments may be made after the commencement of a term to
fill a vacancy or removal, in which case the term of office shall be for the balance of the
unexpired term. In the event that a member at large (appointed by a majority vote of the entire
Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City
Council. In the event that a member directly appointed by a City Councilmember resigns or is
removed, the vacancy shall be filled by the individual City Councilmember that made the
appointment of the resigning or removed Planning Commission member. In the event that the
appointing City Councilmember has vacated office the appointment shall be made by the City
Councilmember appointed or elected to fulfill the term of the vacating City Councilmember. In
the event that the vacated City Council position has not been filled by appointment or election,
an appointment to the vacated Planning Commission term may, but does not have to be, made by
a majority vote of the entire Council. Any such appointment shall be for the remainder of that
unexpired term. All members shall serve at the pleasure of the City Council and may continue to
serve after expiration of the stated term, with the approval of the City Council, until such time as
ITEM NUMBER: C-2
DATE: 04/14/15
ATTACHMENT: 1
a successor is selected according to the procedures set forth above. (Ord. 565 § 1, 2013; Ord. 411
§ 1, 2003; Ord. 327 § 2, 1997; Ord. 291 § 1, 1995; Ord. 200 § 1, 1990; Ord. 101 § 2, 1985)
Section 2. Atascadero Municipal Code Title 2 Chapter 13 is amended to read as follows:
Chapter 13 PARKS AND RECREATION COMMISSION
2-13.01 Established.
There is created a Parks and Recreation Commission composed of seven (7) members.
(Ord. 252 § 1, 1992; Ord. 101 § 4, 1985)
2-13.02 Qualifications.
The regular members of the Commission shall be qualified electors of the City. (Ord. 101
§ 4, 1985)
2-13.03 Members: Appointment: Terms of office.
The City Council shall appoint members of the Parks and Recreation Commission as
follows: two (2) members shall be appointed by a majority vote of the entire Council. Those two
(2) positions shall be appointed for terms of two (2) years commencing January 1, 2005 and
expiring December 31, 2006. Except as modified below, the remaining five (5) members shall be
directly appointed by each individual City Councilmember in the December following the
election at which the City Councilmember is electedof each even-numbered year. The terms of
appointment for the directly appointed members of the Parks and Recreation Commission shall
be four (4)two (2) years commencing on January 1st of each odd-numbered year, and expireing
on December 31st of each even-numbered year, or until the appointing Councilmember vacates
office. Appointments may be made after the commencement of a term to fill a vacancy or
removal, in which case the term of office shall be for the balance of the unexpired term. In the
event that a member at large (appointed by a majority vote of the entire Council) resigns or is
removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event
that a member directly appointed by a City Councilmember resigns or is removed, the vacancy
shall be filled by the individual City Councilmember that made the appointment of the resigning
or removed Commission Member. All members shall serve at the pleasure of the City Council
and may continue to serve after expiration of the stated term, with the approval of the City
Council, until such time as a successor is selected according t o the procedures set for the above.
(Ord. 411 § 2, 2003; Ord. 327 § 4, 1997; Ord. 292 § 1, 1995; Ord. 282 § 1, 1995; Ord. 268 § 1,
1993; Ord. 252 § 2, 1992; Ord. 209 § 1, 1990; Ord. 101 § 4, 1985)
2-13.04 Ex officio member.
A member representing the school district shall be appointed by the Mayor as an ex officio
member of the Commission. The appointee shall serve at the pleasure of the Mayor and without
compensation. (Ord. 101 § 4, 1985)
ITEM NUMBER: C-2
DATE: 04/14/15
ATTACHMENT: 1
2-13.054 Absence from meetings.
Absence of a member of the Commission from three (3) consecutive meetings, or from four
(4) meetings during a calendar year, without formal consent of the Commission noted in its
official minutes, shall be reported by the Recreation DirectorCity Manager to the City Council
for consideration of removal from office. (Ord. 205 § 1, 1990; Ord. 101 § 4, 1985)
2-13.065 Organization.
As of February 1st annually, or as soon thereafter as is feasible, the members of the
Commission shall elect a chair and a vice-chair, who shall hold office for one (1) year. The chair
shall preside over meetings, appoint appropriate committees, sign resolutions, and direct the
affairs of the Commission. In the absence of the chair, the duties of this office shall be performed
by the vice-chair. The Commission shall conduct meetings pursuant to adopted rules for the
transaction of business, shall keep a public record of its resolutions, transactions, findings, and
determinations and shall hold meetings as needed in the Rotunda Room, fourth floor,
Administration Building, 6500 Palma Avenue, Atascadero. (Ord. 292 § 2, 1995; Ord. 101 § 4,
1985)
2-13.07 Procedure.
The Commission shall adopt rules and regulations to govern its procedures and shall set a
time and place for regular meetings which will be held at least once a month. (Ord. 101 § 4,
1985)
2-13.086 Quorum.
A majority of the members shall constitute a quorum. (Ord. 101 § 4, 1985)
2-13.097 Secretary: Appointment: Minutes.
The City Manager shall designate a secretary who shall maintain accurate minutes of the
activities and official actions of the Commission. If this person is a City employee, said person
shall be compensated accordingly. (Ord. 101 § 4, 1985)
2-13.108 Duties and responsibilities.
The duties and responsibilities of the Parks and Recreation Commission shall be to:
(a) Act in an advisory capacity to the City Council in all matters pertaining to parks and
public recreation and to cooperate with other governmental agencies and ci vic groups in the
advancement of sound park and recreation planning and programming;
(b) Formulate policies and parks and recreation services for consideration by the City
Council;
(c) Meet with the City Council at least once each year to discuss policies, programs, future
needs, or other matters requiring joint deliberations. More frequent meetings may be held if
deemed necessary by a determination of a majority of members of the City Council and Parks
ITEM NUMBER: C-2
DATE: 04/14/15
ATTACHMENT: 1
and Recreation Commission. All such meetings shall be held in accordance with statutory
requirements governing public meetings;
(db) Recommend to the City Council the development and improvement of parks,
recreational areas, facilities, programs, and recreation services;
(e) Make periodic surveys of parks and recreation services that exist or may be needed
and ascertain the needs of the public for such services;
(f) Assist in coordinating parks and recreation services with the programs of governmental
agencies and voluntary organizations;
(g) Disseminate to the public information concerning the policies and functions of the
Parks and Recreation Department;
(hc) Advise the Director of Community ServicesCity Manager in the development and
operation of the parks and recreation programs and facilities;
(id) Suggest rules and regulations governing the use of parks and recreation areas and
facilities. (Ord. 252 § 3, 1992; Ord. 101 § 4, 1985)
2-13.119 Director of Community Services: Meeting attendance: Reports.
The Director of Community Services or the Director’sCity Manager or the City Manager’s
delegate shall attend the meetings of the Parks and Recreation Commission and shall make such
reports to the Commission, to the City Manager or to the City Council as may be required. (Ord.
252 § 4, 1992; Ord. 209 § 2, 1990; Ord. 101 § 4, 1985)
2-13.12 10 Expenses.
Commission members shall be entitled to remuneration for expenses in accordance with the
procedure approved by resolution of the Council. (Ord. 101 § 4, 1985)
2-13.13 11 Parks and Recreation Commission: Relations to Council and staff.
(a) The City Council establishes policies citywide and specifically as they relate to the
duties of the Parks and Recreation Commission. The Parks and Recreation Commission is
advisory to the Council except where the Council has delegated specific authority to the
Commission. City staff administers the policies of the City Council, forwards recommendations
of the Commission to the Council and administers Parks and Recreation Commission action on
issues delegated to the Commission by the Council. The Parks and Recreation Commission may
recommend to the Council topics to be included in the City’s work program.
(b) The Commission and its members shall work through the Community Services
DirectorCity Manager or the City Manager’s delegate, except for the purpose of inquiry, in
carrying out the Commission’s responsibilities.
(c) Commissioners shall not attempt to coerce or influence staff in the making of
appointments, the awarding of contracts, the selection of consultants, the processing of
development applications, or the granting of City licenses or permits. Commissioners shall not
attempt to change or interfere with the operating policies and practices of any City department.
ITEM NUMBER: C-2
DATE: 04/14/15
ATTACHMENT: 1
(d) Commissioners shall not attend internal staff meetings or meetings between City staff
and third persons unless invited by City staff or directed by Council to do so. Commissioners
may attend meetings of private organizations that staff may attend. Commissioners may attend
any public meeting of the City or any public agency. (Ord. 504 § 4, 2007)
SECTION 2.: A summary of this ordinance, together with the ayes and noes, shall be published
twice: at least five days prior to its final passage in the Atascadero News, a newspaper published
and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its
final passage, in the Atascadero News, a newspaper published and circulated in the City of
Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk’s Office on
and after the date following introduction and passage and shall be available to any interested
member of the public.
INTRODUCED at a regular meeting of the City Council held on April 14, 2015, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
_________________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT: CITY OF ATASCADERO
By: ______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney