HomeMy WebLinkAboutCC_2016-04-26_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 26, 2016
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:30 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organization: Atascadero Firefighters Bargaining Unit
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
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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 20 Years of Service by the Assistance League of
San Luis Obispo County
2. Bike Month Presentation by Peter Williamson of SLOCOG
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – April 12, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the April 12, 2016 City Council meeting. [City Clerk]
2. City Attorney Budget
Fiscal Impact: The fiscal impact is the expenditure of an additional
$150,000 in General Fund reserves.
Recommendation: Authorize the Director of Administrative Services to
appropriate $150,000 in general fund reserves for additional legal
services. [City Attorney]
Page 2
3. Professional Engineering and Environmental Services for Phase 1 of the
Via Avenue and Santa Lucia Road Bridge Replacement Projects
Fiscal Impact: The fiscal impact of the award of the Phase I Engineering
and Environmental Services contract for the Santa Lucia Bridge Project is
the expenditure of $303,906 in budgeted HBRRP grant funds. The fiscal
impact of the award of the Phase I Engineering and Environment al
Services contract for the Via Avenue Bridge Project is the expenditure of
$263,337 in budgeted HBRRP grant funds and $34,118 in budgeted Local
Transportation Funds.
Recommendations:
Council:
1. Authorize the City Manager to execute a contract with Quincy
Engineering to provide professional engineering and environmental
services for Phase 1 of the Via Avenue Bridge Replacement Project for a
fee not to exceed $297,455; and
2. Authorize the City Manager to execute a contract with Quincy
Engineering to provide professional engineering and environmental
services for Phase 1 of the Santa Lucia Road Bridge Replacement Project
for a fee not to exceed $303,906. [Public Works]
4. Radio Simulcast Project
Fiscal Impact: Approval of the receiver system replacement and
installation of the simulcast system will result in the expenditure of
$110,078.
Recommendations:
Council:
1. Authorize the City Manager to execute a contract with Spur
Solutions in the amount of $110,078 for the purchase and installation of
equipment to replace microwave radio equipment and to create a
simulcast radio system; and
2. Authorize the Director of Administrative Services to appropriate
$61,890 in Police Realignment Funds and Supplemental Law
Enforcement Services Funds, $35,760 in Fire Bertha Schultz Grant Funds,
and $12,440 in General Fund Reserves for the purchase and installation
of radio equipment. [Police]
5. Community Facilities District 2005-1 / Annexations No. 14, 15 and 16
Fiscal Impact: The establishment of Annexations No. 14, 15, and 16 into
the CFD is intended to mitigate the fiscal impact of residential
development on the City.
Recommendations:
Council:
1. Adopt on second reading, by title only, Draft Ordinance A,
authorizing the levy of special taxes in Community Facilities District 2005-
1 for certain annexation territory; and
2. Adopt on second reading, by title only, Draft Ordinance B,
authorizing the levy of special taxes in Community Facilities District 2005 -
1 for certain annexation territory; and
Page 3
3. Adopt on second reading, by title only, Draft Ordinance C,
authorizing the levy of special taxes in Community Facilities District 2005 -
1 for certain annexation territory. [Community Development]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which th e Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. SLOCOG’s Self-Help County Efforts
Fiscal Impact: There is no significant direct fiscal impact for the
recommendations.
Recommendations:
Council:
1. Review and Comment on Draft Transportation Investment Plan
categories and distributions including 9-year duration, formula distribution
for Local Road Repairs and Transportation Improvements, and
Safeguards; and,
2. Identify the key projects for local transportation funding as: roadway
maintenance, repair, and rehabilitation; congestion management at key
intersections; and bike /pedestrian improvements and connectivity; and,
3. Direct staff to work with SLOCOG to develop a Final Transportation
Investment Plan, Ordinance, and Safeguards for City and County
evaluation to place on the November 2016 ballot for voter consideration.
[Public Works]
2. Property Assessed Clean Energy (PACE) Programs
Fiscal Impact: There is no fiscal impact associated with the recommended
actions.
Recommendations:
Council:
1. Adopt Draft Resolution A approving an amendment to the Western
Riverside Council of Governments (WRCOG) Joint Powers Agreement to
add the City as an Associate Member in order to authorize the City's
participation in the California HERO Program; and
Page 4
2. Adopt Draft Resolution B to join the California Home Finance
Authority (CHFA) JPA as an Associate Member in order to authorize the
City's participation in the CHFA SB 555 Community Facilities District
(YGrene program); and
3. Adopt Draft Resolution C to join the California Home Finance
Authority (CHFA) JPA as an Associate Member in order to authorize the
City's participation in the CHFA AB 811 Authority PACE Program (YGrene
program); and
4. Authorize the City Manager to execute agreements with PACE
program providers WRCOG and YGrene. [City Manager]
3. Consideration of Ballot Measure for Appointive City Clerk and City
Treasurer
Fiscal Impact: The addition of a ballot measure to the November 2016
ballot will be approximately $3,000. If the ballot measure is successful,
savings from the elimination of the stipends and health benefit costs for
these elected positions will be over $14,800 per position annually.
Recommendation: Council direct the City Clerk to bring back to the
Council in June 2016, the Resolution required for placing a ballot measure
on the ballot for the General Municipal Election to be held on Tuesday,
November 8, 2016, asking voters “Shall the City Clerk and City Treasurer
be appointive?” [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 matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. 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
Page 5
3. SLO Local Agency Formation Commission (LAFCo)
4. City of Atascadero Design Review Committee
5. SLO County Water Resources Advisory Committee (WRAC)
6. 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. ADJOURNMENT
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the April 26, 2016 Regular Session of the Atascadero City Council was posted
on April 19, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was
available for public review at that location.
Signed this 19th day of April, 2016, at Atascadero, California.
Lori M. Kudzma, Deputy City Clerk
City of Atascadero
Page 6
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 meeti ng will
reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time item s not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk 's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City C lerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no furt her public comments will be
heard by the Council.
Page 7
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 1 of 9
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, April 12, 2016
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators Pursuant to Government Code
Section 54957.6
Agency Designated Representatives: City Manager and City Attorney
Unrepresented Employee: Fire Chief
b. Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9
(d)(4) - one case.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 8
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 2 of 9
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
The City Attorney reported that there was no reportable action.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:02 p.m. and Police Chief Jerel Haley
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem
Moreno, and Mayor O’Malley
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Phil Dunsmore,
Public Works Director Nick DeBar, Police Chief Jerel Haley, City
Attorney Brian Pierik, and Deputy City Manager Lara Christensen.
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation Recognizing April 2016 as Sexual Assault Awareness Month
The City Council presented the Proclamation to RISE Executive Director Jennifer
Adams and RISE Board Member Greg Malik.
Page 9
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 3 of 9
2. Presentation by Support Services for Veterans Families
Brandy Bowser, of Support Services for Veterans Families, gave a presentation about
the services they provide and their End Veteran Homelessness Initiative.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – March 22, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the March 22, 2016 City Council meeting. [City Clerk]
2. February 2016 Accounts Payable and Payroll
Fiscal Impact: $1,634,741.20
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for February 2016. [Administrative Services]
3. Improvement District No. 4 (Separado-Cayucos Assessment District)
Closeout
Fiscal Impact: Use of $50,929 in the Assessment District No. 4 Funds,
less closeout fees, refunded to the eligible property owners.
Recommendation: Council adopt a Draft Resolution declaring the
remaining funds as surplus, ordering the disposition of surplus amounts,
and approving the District Closeout Analysis and Findings Report
prepared by NBS for the City of Atascadero Improvement District No. 4
(Separado-Cayucos Assessment District). [Administrative Services]
4. Ordinance Amending Section 9-6.186 of the Atascadero Municipal Code
Regarding Marijuana Cultivation Facilities (PLN 2015-1574)
Fiscal Impact: The proposed ordinance represents a continuation of
existing enforcement policies regarding medical marijuana facilities, so
there would be no change in the fiscal impact for the City.
Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A amending Section 9-6.186 of the Atascadero Municipal Code
Regarding Marijuana Cultivation Facilities. [Community Development]
5. Weed/Refuse Abatement Program
Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative charge, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2016 -2017 Tax
Roll.
Recommendation: Council adopt the Draft Resolution declaring vegetative
growth and/or refuse a public nuisance, commencing proceedings for the
abatement of said nuisances, and placing all abatement fees on the San
Luis Obispo County Special Tax Assessment for the fiscal year 2016 -2017
Tax Roll. [Fire]
Page 10
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 4 of 9
MOTION: By Council Member Fonzi and seconded by Council Member
Kelley to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-3: Resolution No.
2016-015, #A-4: Ordinance No. 597, #A-5: Resolution No. 2016-
016)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Ted Mort, Gayle Bruce (Exhibit
A), Charles Bourbeau, John Trumbeau (Exhibit B), Nancy Hair, Barbara Combs, Paul
Murphy, Mike Brennler, and Kevin Campion.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Community Facilities District 2005-1 Annexation No. 14 – 5310 Carrizo Tract
2625 / Annexation No. 15 – 8570 El Corte Tract 2802 / Annexation No. 16 –
10380 El Camino Real VTPM #AT 14-0028
Ex-Parte Communications:
Fiscal Impact: The establishment of Annexations No. 14, 15, and 16 into
the CFD is intended to mitigate the fiscal impact of residential
development on the City. These three projects, totaling 23 units, would
provide $14,951.84 annually at build out, based on the curre nt Actual
Rates, levied to fund the expansion of Police, Fire, and Park Services
associated with the new residential units.
Recommendations:
Council:
1. Conduct a public hearing on the proposed annexations; and,
2. Adopt Draft Resolution A, authorizing the territory identified in City
Council Resolution 2016-006 (Annexation No. 14 - 5310 Carrizo
Tract 2625) 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. Adopt Draft Resolution B, authorizing the territory identified in City
Council Resolution 2016-007 (Annexation No. 15 - 8570 El Corte
Tract 2802) to be annexed into the Community Facilities District No.
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ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 5 of 9
2005-1, authorizing the levy of a special tax and submitting the levy
of a special tax to qualified electors; and,
4. Adopt Draft Resolution C, authorizing the territory identified in City
Council Resolution 2016-008 (Annexation No. 16 – 10380 El
Camino Real VTPM #AT 14-0028) 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,
5. Direct the City Clerk to conduct landowner votes of annexations
and collect and count the ballots.
Council to recess until ballots are counted
6. Adopt Draft Resolution D, declaring the results of a special
annexation landowner election for Annexation No. 14 (5310 Carrizo
Tract 2625), determining the validity of prior proceedings and
directing the recording of an amendment to the notice of special tax
lien; and,
7. Adopt Draft Resolution E, declaring the results of a special
annexation landowner election for Annexation No. 15 (8570 El
Corte Tract 2802), determining the validity of prior proceedings and
directing the recording of an amendment to the notice of special tax
lien; and,
8. Adopt Draft Resolution F, declaring the results of a special
annexation landowner election for Annexation No. 16 (10380 El
Camino Real VTPM #AT 14-0028), determining the validity of prior
proceedings and directing the recording of an amendment to the
notice of special tax lien; and,
9. Introduce for first reading, by title only, Draft Ordinance A,
authorizing the levy of special taxes in Community Facilities District
2005-1 for certain annexation territory identified as Annexation No.
14 (5310 Carrizo Tract 2625); and,
10. Introduce for first reading, by title only, Draft Ordinance B,
authorizing the levy of special taxes in Community Facilities District
2005-1 for certain annexation territory identified as Annexation No.
15 (8570 El Corte Tract 2802); and,
11. Introduce for first reading, by title only, Draft Ordinance C,
authorizing the levy of special taxes in Community Facilities District
2005-1 for certain annexation territory identified as Annexation No.
16 (10380 El Camino Real VTPM #AT 14 -0028). [Community
Development]
Community Development Director Phil Dunsmore gave the staff report and answered
questions from the Council.
Page 12
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 6 of 9
Ex Parte Communications
None
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem Moreno and seconded by Council Member
Sturtevant to:
2. Adopt Draft Resolution A, authorizing the territory identified
in City Council Resolution 2016-006 (Annexation No. 14 - 5310
Carrizo Tract 2625) 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. Adopt Draft Resolution B, authorizing the territory identified
in City Council Resolution 2016-007 (Annexation No. 15 - 8570
El Corte Tract 2802) 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,
4. Adopt Draft Resolution C, authorizing the territory identified
in City Council Resolution 2016-008 (Annexation No. 16 –
10380 El Camino Real VTPM #AT 14-0028) 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,
5. Direct the City Clerk to conduct landowner votes of
annexations and collect and count the ballots.
Motion passed 5:0 by a roll-call vote. (#B-1.2: Resolution No.
2016-017, #B-1.3: Resolution No. 2016-018, #B-1.4: Resolution
No. 2016-019)
Mayor O’Malley asked the City Clerk to count the ballots and announce the ballot count.
City Clerk Torgerson stated the following:
Annexation No. 14 – 3 votes – Yes
Annexation No. 15 – 2 votes – Yes
Annexation No. 16 – 1 vote – Yes
MOTION: By Mayor Pro Tem Moreno and seconded by Council Member
Fonzi to:
6. Adopt Draft Resolution D, declaring the results of a special
annexation landowner election for Annexation No. 14 (5310
Carrizo Tract 2625), determining the validity of prior
proceedings and directing the recording of an amendment to
the notice of special tax lien; and,
Page 13
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 7 of 9
7. Adopt Draft Resolution E, declaring the results of a special
annexation landowner election for Annexation No. 15 (8570 El
Corte Tract 2802), determining the validity of prior proceedings
and directing the recording of an amendment to the notice of
special tax lien; and,
8. Adopt Draft Resolution F, declaring the results of a special
annexation landowner election for Annexation No. 16 (10380 El
Camino Real VTPM #AT 14-0028), determining the validity of
prior proceedings and directing the recording of an
amendment to the notice of special tax lien; and,
9. Introduce for first reading, by title only, Draft Ordinance A,
authorizing the levy of special taxes in Community Facilities
District 2005-1 for certain annexation territory identified as
Annexation No. 14 (5310 Carrizo Tract 2625); and,
10. Introduce for first reading, by title only, Draft Ordinance B,
authorizing the levy of special taxes in Community Facilities
District 2005-1 for certain annexation territory identified as
Annexation No. 15 (8570 El Corte Tract 2802); and,
11. Introduce for first reading, by title only, Draft Ordinance C,
authorizing the levy of special taxes in Community Facilities
District 2005-1 for certain annexation territory identified as
Annexation No. 16 (10380 El Camino Real VTPM #AT 14-0028).
Motion passed 5:0 by a roll-call vote. (#B-1.6: Resolution No.
2016-020, #B-1.7: Resolution No. 2016-021, #B-1.8: Resolution
NO. 2016-022)
C. MANAGEMENT REPORTS:
1. Sales Tax Measure F-14 2015/2016 Rehabilitation Project Engineering
Design Services Award
Fiscal Impact: This action will result in the expenditure of up to $135,150
in budgeted Sales Tax Measure F-14 funds.
Recommendation: Council authorize City Manager to execute a contract
with Rick Engineering Company to provide professional engineering
services for the Measure F-14 Fiscal Year 2015/2016 Pavement
Rehabilitation Project, for an amount not to exceed $135,150. [Public
Works]
Public Works Director Nick DeBar gave the staff report and answered questions from
the Council.
PUBLIC COMMENT: None
Page 14
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 8 of 9
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Moreno to authorize City Manager to execute a contract with
Rick Engineering Company to provide professional
engineering services for the Measure F-14 Fiscal Year
2015/2016 Pavement Rehabilitation Project, for an amount not
to exceed $135,150.
Motion passed 5:0 by a roll-call vote. (Contract No. 2016-005)
2. General Plan & Housing Element Annual Progress Report 2015 (PLN
2006-1133)
Fiscal Impact: None.
Recommendation:
The Planning Commission recommends:
Council authorize submittal of the attached 2015 Annual General
Plan and Housing Report to the State of California. [Community
Development]
Community Development Director Phil Dunsmore gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Sturtevant and seconded by Council
Member Kelley to authorize submittal of the attached 2015
Annual General Plan and Housing Report to the State of
California.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since
their last Council meeting:
Mayor O’Malley
1. SLO Council of Governments (SLOCOG) – Caltrans was granted a Shop
Grant funded, which will assist in ADA pedestrian paths and signals along the
Highway 41 corridor during the 2016-17 fiscal year.
Page 15
ITEM NUMBER: A-1
DATE: 04/26/16
Atascadero City Council
April 12, 2016
Page 9 of 9
Also, State wide, the connection between Atascadero and Paso Robles has
been identified as the missing link through Templeton and should be receiving
State funding to improve this connection.
Council Member Fonzi
1. Air Pollution Control District – The District attended a seminar on how to get
along.
2. City of Atascadero Design Review Committee – Reviewed three sign issues
at their last meeting.
Council Member Sturtevant
1. League of California Cities – Council Liaison – gave an update on the
League’s Housing Community and Economic Development Policy Committee.
Also, he stated the League’s top priority is transportation funding.
Atascadero is hosting the League of California Cities, Channel Counties
Division, quarterly meeting and dinner this Friday.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor O’Malley adjourned the meeting at 8:10 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Information regarding LED lighting, submitted by Gayle Bruce.
Exhibit B – Big Brothers / Big Sisters Webpage, submitted by John Trumbeau
Page 16
ITEM NUMBER: A-2
DATE: 04/26/16
Atascadero City Council
Staff Report – City Attorney’s Office
City Attorney Budget
RECOMMENDATION:
Authorize the Director of Administrative Services to appropriate $150,000 in general
fund reserves for additional legal services.
DISCUSSION:
The budget for City Attorney services for Fiscal Year 20 15-2016 is currently $254,000.
This budget was based upon a projection in June 2015 of what the legal expenses
would be incurred during Fiscal Year 2015-2016.
During Fiscal Year 2015-2016, the City Attorney’s Office has provided to the City the
standard legal services including attending City Council meetings, advising City Council
and City Staff on legal issues, drafting of ordinances and resolutions, drafting and
review of contracts, drafting and review of Staff Reports and multiple other legal
services relating to the operations of the City.
In addition to the standard legal services rendered in Fiscal Year 2015-2016, the City
Attorney’s Office has also been assigned to represent the City in connection with the
prosecution of many criminal cases involving the enforcement of the City’s prohibited
camping ordinance. In addition to the prosecution of the criminal cases for violations of
the City’s prohibited camping ordinance, the City Attorney’s Office has also addressed
the prohibited camping issue in connection with civil matters at a number of locations
within the City in which individuals were engaged in prohibited camping activities as well
as other violations of the City’s codes. The City has spent over $150,000 to date this
fiscal year in City Attorney fees on these and other code enforcement cases.
The City Attorney has looked at the proposed work through the end of the fiscal year. It
is anticipated that a budget increase of $150,000 is needed to continue legal services at
the current level, along with the continued enforcement of the City’s prohibited camping
ordinance and other codes.
Page 17
ITEM NUMBER: A-2
DATE: 04/26/16
FISCAL IMPACT:
The fiscal impact is the expenditure of an additional $150,000 in General Fund
reserves.
ALTERNATIVES:
Increase the City Attorney’s Office budget to a sum less than $390,000 and reduce the
assignments to the City Attorney’s Office through the period ending June 30, 2016.
ATTACHMENTS:
None
Page 18
ITEM NUMBER: A-3
DATE: 04/26/16
Atascadero City Council
Staff Report - Public Works Department
Professional Engineering and Environmental Services
for Phase 1 of the Via Avenue and Santa Lucia Road Bridge
Replacement Projects
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract with Quincy Engineering to
provide professional engineering and environmental services for Phase 1 of the
Via Avenue Bridge Replacement Project for a fee not to exceed $297,455; and
2. Authorize the City Manager to execute a contract with Quincy Engineering to
provide professional engineering and environmental services for Phase 1 of the
Santa Lucia Road Bridge Replacement Project for a fee not to exceed $303,906.
REPORT-IN-BRIEF:
The City solicited proposals from qualified consultants for Professional Engineering
Services for the Via Avenue and Santa Lucia Road Bridge Replacement Projects.
Three proposals were received, reviewed and ranked. The review panel determined
Quincy Engineering was clearly the most qualified firm to complete these projects, and
has negotiated a final scope and fee for the work.
Both bridge replacements are to be funded as part of the Federal Highway Bridge
Replacement and Rehabilitation Program (HBRRP). Santa Lucia Bridge has 100%
Federal Cost Participation. The Via Avenue Bridge has 88.53% Federal Cost
Participation, with the City responsible for the remaining 11.47% of costs.
The fee proposal from Quincy Engineering exceeds the allocated amount f or
Preliminary Engineering. Quincy Engineering has lowered the overall fee, and has
proposed splitting the work into Phase I (Preliminary Engineering, Environmental
Studies and Permitting, Geotechnical Studies, Hydraulic Studies), and Phase II (Final
Engineering Design). Splitting the work into Phases will allow the Preliminary
Engineering (Phase I) to be completed under the currently allocated funding amount . A
Page 19
ITEM NUMBER: A-3
DATE: 04/26/16
HBRRP Supplemental Funding Request will be prepared and submitted for necessary
additional federal funds as the Final Engineering scope is refined over the next year.
The process of requesting additional Engineering Services funds is common for
Federally Funded Bridge Replacement Projects, and staff has been assured by Caltrans
Local Assistance that requests for additional funding are generally always approved.
DISCUSSION:
Background: In 2005, the Santa Lucia Road Bridge (Bridge #49C -0158) and Via
Avenue Bridge (Bridge #49C-0164) were identified as needing replacement. The 2013
update of the Caltrans Bridge Inspection Records Information System (BIRIS) identified
the Via Avenue Bridge as being structurally deficient and functionally obsolete, and the
Santa Lucia Road Bridge as functionally obsolete. This determination allowed for the
availability of Federal funding for the replacement of the two bridges. Below is a brief
timeline of completed project milestones:
January, 2014: City staff initiates Via Avenue and Santa Lucia Road Bridge
replacement projects.
February, 2014: Quincy Engineering is hired to prepare a Project Study Report
Equivalent and HBRRP funding application for both bridge
replacement projects.
March, 2014: Quincy Engineering completes and submits the Project Study
Report Equivalent and Funding Applications. As part of the funding
application, Preliminary Engineering, Right-of-Way, Construction
Engineering and Construction costs were estimated. Preliminary
Engineering (PE) funds were based upon an allowable percentage
of estimated construction costs, resulting in an estimated PE cost of
$375,000 for both bridge projects. At that time, it was noted that
PE costs would likely be higher than the allocated amount, but that
the difference could be requested during the design phase.
March-May, 2015: Public Works staff and Caltrans personnel completed field reviews
of both locations, and a Preliminary Environmental Study (PES)
Report was completed.
June/July, 2015: Public Works staff advertised an RFP for Grant Funding
Administration, which was awarded to Kathy Pence of Cannon
Corporation.
January, 2016: Public Works staff advertised an RFP for Preliminary Engineering
Services.
March, 2016: Preliminary Engineering proposals were received from three firms:
Stantec, Hatch Mott MacDonald, and Quincy Engineering.
Page 20
ITEM NUMBER: A-3
DATE: 04/26/16
Proposals were reviewed by Public Works staff and a
representative from Caltrans Local Assistance. The review team
agreed that Quincy Engineering was clearly the most qualified
consultant and negotiated a scope and fee for Preliminary
Engineering Services.
Schedule:
The schedule below reflects the major project milestones to date, along with staff’s best
estimate of the timing of future events.
Feb-Mar, 2014 Quincy Engineering is hired by City and prepares Project Study Report
Equivalent and Funding Application.
Mar-May, 2015 City completes site review and prepares Preliminary Environmental Study.
July, 2015 City hires Cannon Corp. (Kathy Pence) for Grant Funding Administration
Services.
Jan-Mar, 2016 Public Works staff advertises RFP for Preliminary Engineering Services, and
tentatively selects Quincy Engineering as the most qualified consultant.
4/26/2016 Council consider authorizing Phase I (Preliminary Engineering) of contract
with Quincy Engineering for:
1. Santa Lucia Road Bridge: ($303,906)
2. Via Avenue Bridge: ($297,455)
Spring 2016-
Spring 2017
Preparation of Environmental Documents, Permitting, Hydraulic Studies,
Geotechnical Studies, and Preliminary Bridge Engineering.
Spring 2017 Council consider authorization of Phase II (Final Engineering) of contract
with Quincy Engineering for an additional (estimated):
1. Santa Lucia Road Bridge: ($296,000)
2. Via Avenue Bridge: ($286,000)
Summer 2017 Council consider authorization of Right-of-Way acquisition (if needed)
Spring 2017-Fall
2018
Preparation of Final Engineering Plans, Specifications and Estimates.
Fall 2018 Council consider awarding necessary construction contracts, and consider
whether to construct bridges concurrently or over two years.
Fall 2018-
Summer 2019
Replacement of Via Avenue Bridge.
Fall 2019-
Summer 2020
Replacement of Santa Lucia Road Bridge.
Analysis: At this time, the City is still within the timeline to hit target dates. Both bridge
replacement projects have committed funding through the Federal Bridge Replacement
Program, and Quincy Engineering has been selected to complete the Preliminary
Engineering Services.
The total fee (Phase I and Phase II) proposal provided by Quincy Engineering exceeds
the Preliminary Engineering cost currently approved for both projects. However, City
staff reviewed the fee proposal and has determined that it is a reasonable fee given the
scope of work. After negotiations with the City, Quincy Engineering lowered the overall
fee slightly, and has proposed splitting the work into Phase I (Preliminary Engineering,
Page 21
ITEM NUMBER: A-3
DATE: 04/26/16
Environmental Studies and Permitting, Geotechnical Studies, Hydraulic Studies), and
Phase II (Final Engineering Design, Bid Support, Construction Services). Detailed work
scopes for both bridges have been provided and are included with this Staff Report for
reference.
Splitting the work into Phases will allow the Preliminary Engineering (Phase I) to be
completed under the currently allocated funding amount, and a Supplemental Funding
Request will be prepared for necessary additional funds as the Final Engineering scope
is refined over the next year. The process of requesting additional Engineering
Services funds is common for Federally Funded Bridge Replacement Projects, and staff
has been assured by Caltrans Local Assistance that requests for additional funding are
generally always approved.
It is significant to note that the selection of a qualified consultant is extremely important,
with long-term cost and functionality ramifications. While Quincy Engineering provided
a fee estimate above that which was preliminaril y estimated, their fee proposal justified
the costs. It is reasonable to expect that their expertise will ultimately result in an
efficient project timeline, decreased City staff administrative hours required, minimized
design and construction change orders, and a long-term cost-effective bridge
replacement solution.
Finally, it should be noted that the $375,000 funding allocation for Preliminary
Engineering includes Grant Funding Administration Services provided by Kathy Pence,
as well as staff time to administer the project. The proposed contract amounts for
Phase I Engineering Services for Quincy Engineering allow for these additional
expenses within the allocated funding.
Conclusion: Staff recommends approving the splitting of bridge design work into two
phases, and awarding Phase I to Quincy Engineering. While Quincy Engineering
provided a fee estimate above that which was previously estimated and funded,
obtaining additional funding is commonplace and the process is clear. Review of the
proposals clearly demonstrated that Quincy Engineering is the consultant with the best
mix of experience and qualifications to complete this project in a timely, efficient
manner, and provide the City with a high quality product and low expected life -cycle
costs.
FISCAL IMPACT:
The fiscal impact of the award of the Phase I Engineering and Environmental Services
contract for the Santa Lucia Bridge Project is the expenditure of $303,906 in budgeted
HBRRP grant funds. The fiscal impact of the award of the Phase I Engineering and
Environmental Services contract for the Via Avenue Bridge Project is the expenditure of
$263,337 in budgeted HBRRP grant funds and $34,118 in budgeted Local
Transportation Funds.
Page 22
ITEM NUMBER: A-3
DATE: 04/26/16
SANTA LUCIA BRIDGE
PROPOSED EXPENDITURES
Phase I:
Preliminary Engineering (Preliminary Design, Survey,
Environmental Studies and Permitting, Hydraulic Reports,
Geotechnical Reports.
$303,906
Design Support (Staff, contingency, grant administration) 69,140
Total Estimated Expenditure: $373,046
BUDGET
HBRR Grant Funds $375,000
Total Funding Sources $375,000
VIA AVENUE BRIDGE
PROPOSED EXPENDITURES
Phase I:
Preliminary Engineering (Preliminary Design, Survey,
Environmental Studies and Permitting, Hydraulic Reports,
Geotechnical Reports.
$297,455
Design Support (Staff, contingency, grant administration) 68,495
Total Estimated Expenditure: $365,950
BUDGET
HBRR Grant Funds $331,990
Local Transportation Funds 43,010
Total Funding Sources $375,000
ALTERNATIVES:
1. Council reject staff’s recommendation and direct staff to terminate negotiations with
Quincy Engineering and begin negotiations with the second-highest ranked
consultant. This alternative is not recommended due to the significant difference
in qualifications between the top-ranked and second-ranked firm.
2. Council may approve a contract with Quincy Engineering for the combined Phase
I & II Engineering Services, and direct staff to begin the Supplemental Budget
Request process.
ATTACHMENTS:
None
Page 23
ITEM NUMBER: A-4
DATE: 04/26/16
Atascadero City Council
Staff Report - Police Department
Radio Simulcast Project
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract with Spur Solutions in the
amount of $110,078 for the purchase and installation of equipment to replace
microwave radio equipment and to create a simulcast radio system ; and
2. Authorize the Director of Administrative Services to appropriate $61,890 in
Police Realignment Funds and Supplemental Law Enforcement Services Funds,
$35,760 in Fire Bertha Schultz Grant Funds, and $12,440 in General Fund
Reserves for the purchase and installation of radio equipment.
DISCUSSION:
The Atascadero Police Department has experienced numerous problems with the radio
system over the past several years since being required to modify our frequencies as a
result of narrow banding. Several modifications have been made to the current system
in an effort to ensure the highest quality radio signal reaches officers and firefighters in
the field during the performance of their duties. Despite a great deal of new equipment
being installed and work done to the current system, problems remain.
During the past several months the vendor servicing our radio system has performed
modifications of the system repeatedly to correct problems including static, loss of
signal, and interference. As a result of the work done to the system, a defect has been
identified which if uncorrected will likely result in a catastrophic failure . Two of the
microwave paths between the Police Department radio site and repeater sites have
been found to be degraded significantly. The equipment used in these pathw ays is over
10 years old, the expected lifespan of this type of equipment. As a result of this
degradation, the Receive Signal Level (RSL) of this system is operating at .6 volts
between the Castle Rock to Pine Mountain repeater sites microwave path, and .9 Volts
between Castle Rock and the State Hospital microwave path. The acceptable operating
RSL for this type of microwave pathway is between 2.5 and 4 volts.
Page 24
ITEM NUMBER: A-4
DATE: 04/26/16
It was also determined that the microwave pathways do not include redundancies which
would allow the system to continue to function in the event of a failure. As a result, the
failure of one of the receiver systems at the repeater sites would eliminate radio
communications abilities for Police, Fire and Public W orks until appropriate repairs
could be completed. In emergency operations, the elimination of radio communications
would prohibit public safety from being able to respond appropriately.
An immediate replacement of the receiver systems at repeater sites in the City is
recommended to prevent system failure. Upgrading the current system as part of the
replacement project to provide redundancy with no single points of failure to the system
is also recommended. This redundancy would create a true simulcast system that
would eliminate the current voter repeater system used for radio communications by
Police, Fire, and Public Works.
The voter repeater system does not function to acceptable standards despite several
repairs and modifications to the system. In addition, the current voter repeating system
equipment at the repeater sites is no longer manufactured or supported.
The simulcast system would improve end user communications and improve officer
safety by eliminating the need for officers to change radio channels in various locations
throughout the city where signals do not reach. The system would improve the overall
coverage of radio signals throughout the city. The simulcast system would also allow
for the addition of radio channels that enable better communications during public safety
emergencies.
Finally, the federal government requires that applicants for grants related to radio
system improvements are Project 25 (or P-25) compliant. This is a Federal standard
developed nationally in cooperation with the Association of Chiefs of Police. The basic
requirement for P-25 compliance is that the system is capable of sending and receiving
a digital rather than analog signal. The current system is analog and does not meet this
standard. Installation of the simulcast system would ensure P -25 compliance and
enable future grant funding opportunities.
There are a limited number of service providers locally. The department has worked
with all three of the radio service professionals in the area. Historically, service levels
and quality from two of these providers ha ve not met minimum expectations. Therefore,
the department has discontinued using those two vendors as service providers. Past
experience with Spur Communications has been positive and service levels have met or
exceeded minimum standards. Service costs are comparable and reasonable.
FISCAL IMPACT:
Approval of the receiver system replacement and installation of the simulcast system
will result in the expenditure of $110,078. The cost for the equipment and installation
Page 25
ITEM NUMBER: A-4
DATE: 04/26/16
will be divided equitably between the three departments which use the system, Police,
Fire and Public Works.
Spur Solutions has identified Department specific equipment costs and shared
equipment costs. Each department would pay for their own department specific
equipment costs, and shared costs will be split based on approximate usage rates of
the radio system. Spur Solutions estimates that the Police Department is responsible
for 65-70 percent of the overall system usage, the Fire Department is responsible for
between 25-30 percent of the overall system usage and the Public Works Department is
responsible for about 5 percent of the overall system usage.
Direct equipment costs for each department are as follows:
Fire Department - $17,575.83
Police Department - $10,973.34
Public W orks Department - $8,803.32
Shared costs including installation costs per department are as follows:
Police Department - $50,907.86
Fire Department - $18,181.38
Public W orks Department - $3,636.28
Total expenditures for the Police Department will be $61,881.20 which will come from
Realignment Funds and Supplemental Law Enforcement Services Funds. Total
expenditures for the Fire Department will be $35,757.21 which will come from Bertha
Shultz Grant Funds. Total Expenditures for Public Works will be $12 ,439.60 which staff
recommends come from General Fund reserves.
ALTERNATIVES:
1. Direct staff to replace only defective equipment and not install a Simulcast System .
2. Direct staff to attempt to locate different alternatives.
ATTACHMENTS:
1. Copy of the Spur Solutions quote.
2. Copy of the Spur Solutions equipment cost breakdown.
Page 26
INVOICE NO.
DATE
N/A
TO
SALESPERSON JOB SHIPPING
METHOD
SHIPPING
TERMS
DELIVERY
DATE
PAYMENT
TERMS DUE DATE
Conner Microwave Simulcast Due on receipt
QTY ITEM #UNIT PRICE DISCOUNT LINE TOTAL
14.00 airFiber 5x $425.00 5,950.00$
14.00 AF-5G23-S45 $105.00 1,470.00
2.00 J9728A $1,269.00 2,538.00
6.00 J9145A $1,040.00 6,240.00
14.00 1101-1067 $235.00 3,290.00
3.00 TC-CARRIER $199.00 597.00
2.00 TC-CON $60.00 120.00
14.00 SMK $299.00 4,186.00
2.00 5EN5 BLUE CPK $175.00 350.00
100.00 WSGW-6-19STG $0.80 80.00
20.00 GECL610 $1.00 20.00
20.00 GECL63/8 $1.75 35.00
4.00 313,17,00,00,00,00 $5,125.00 20,500.00
4.00 $675.00 2,700.00
4.00 $245.00 980.00
4.00 $20.00 80.00
4.00 $250.00 1,000.00
SUBTOTAL 50,136.00$
SALES TAX See Next Page
TOTAL See Next Page
conner@spursolutions.net EXPIRATION DATE
5030 Olmeda Ave, Suite C 20160404
Atascadero, CA 93422 April 8, 2016
(805) 305-7018 CUSTOMER ID City of Atascadero
City of Atascadero
5505 El Camino Real
Atascadero, CA 93422
Ground Lug #6 #10 Hole
DESCRIPTION
IP Backhaul Radio
5GHz Microwavve Dish
IP Managed Switch 48port
IP Managed Switch 24port
Ethernet Surge Protector
Outdoor Rated Cat5E
Cat5E Connectors
Side Mount Kit
Indoor Cat5E
Ground Wire #6
TOTAL DISCOUNT
Ground Lug #6 3/8" Hole
Secure Sync NetclockModel 1204-1C Option Card with 3
10MHz TTLModel 8230 GPS Antenna and bracket
(no mast)
Model 8235 Antenna MastModel 8226 Antenna Line Surge
Supressor
QUOTE
THANK YOU FOR YOUR BUSINESS!
Quotation prepared by: ____________________________________________
This is a quotation on the goods named, subject to the conditions noted below:
All labor estimates are subject to change.
All materials to be prepurchased from vendors by the City of Atascadero
To accept this quotation, sign here and return: _______________________________________________
ITEM NUMBER: A-4
DATE: 04/26/16
ATTACHMENT: 1
Page 27
INVOICE NO.
DATE
N/A
TO
SALESPERSON JOB SHIPPING
METHOD
SHIPPING
TERMS
DELIVERY
DATE
PAYMENT
TERMS DUE DATE
Conner Microwave Simulcast Due on receipt
QTY ITEM #UNIT PRICE DISCOUNT LINE TOTAL
4.00 MLC8000 $1,920.00 7,680.00$
13.00 MLC8000 $1,920.00 24,960.00
17.00 VA00011AA $48.00 816.00
17.00 VA00012AA $48.00 816.00
120.00 LBR-CLMB $120.00 14,400.00
80.00 LBR-STANDARD $70.00 5,600.00
SUBTOTAL 54,272.00$
FREIGHT 1,100.00$
SALES TAX 4,570.00$
MATERIALS TOTAL 84,408.00$
LABOR TOTAL 20,000.00$
TOTAL 110,078.00$
LABOR-STANDARD
DESCRIPTION
Comparator
Gateway
19 Inch Rack Mount Kit
20160404
April 8, 2016
City of Atascadero
5030 Olmeda Ave, Suite C
5505 El Camino Real
(805) 305-7018
conner@spursolutions.net
Atascadero, CA 93422
EXPIRATION DATE
120V AC to 12V DC
LABOR-CLIMBING
City of Atascadero
CUSTOMER ID
Atascadero, CA 93422
QUOTE
THANK YOU FOR YOUR BUSINESS!
Quotation prepared by: ____________________________________________
This is a quotation on the goods named, subject to the conditions noted below:
All labor estimates are subject to change.
All materials to be prepurchased from vendors by the City of Atascadero
To accept this quotation, sign here and return: _______________________________________________
ITEM NUMBER: A-4
DATE: 04/26/16
ATTACHMENT: 1
Page 28
Category Quantity Description Manufacturer Part Number Price Each Line Total Tax Shipping Vendor
Microwave 14 IP Backhaul Radio Ubiquity Networks airFiber 5x $425.00 $5,950.00 Sandys Communications
Microwave 14 5GHz Microwavve Dish Ubiquity Networks AF-5G23-S45 $105.00 $1,470.00 Sandys Communications
Microwave 2 IP Managed Switch 48port HP J9728A $1,269.00 $2,538.00 Sandys Communications
Microwave 6 IP Managed Switch 24port HP J9145A $1,040.00 $6,240.00 Sandys Communications
Microwave 14 Ethernet Surge Protector PolyPhaser 1101-1067 $235.00 $3,290.00 Sandys Communications
Microwave 3 Outdoor Rated Cat5E Ubiquity Networks TC-CARRIER $199.00 $597.00 Sandys Communications
Microwave 2 Cat5E Connectors Ubiquity Networks TC-CON $60.00 $120.00 Sandys Communications
Microwave 14 Side Mount Kit Laird SMK $299.00 $4,186.00 Sandys Communications
Microwave 2 Indoor Cat5E Commscope 5EN5 BLUE CPK $175.00 $350.00 Sandys Communications
Microwave 100 Ground Wire #6 Ventev WSGW-6-19STG $0.80 $80.00 Sandys Communications
Microwave 20 Ground Lug #6 #10 Hole Harger GECL610 $1.00 $20.00 Sandys Communications
Microwave 20 Ground Lug #6 3/8" Hole Harger GECL63/8 $1.75 $35.00 Sandys Communications
Microwave 4 Secure Sync Netclock Spectracom 313,17,00,00,00,00 $5,125.00 $20,500.00 Simulcast Solutions
Microwave 4 Model 1204-1C Option Card with 3 10MHz TTL Spectracom 1204-1c $675.00 $2,700.00 Simulcast Solutions
Microwave 4 Model 8230 GPS Antenna and bracket (no mast)Spectracom 8230 $245.00 $980.00 Simulcast Solutions
Microwave 4 Model 8235 Antenna Mast Spectracom 8235 $20.00 $80.00 Simulcast Solutions
Microwave 4 Model 8226 Antenna Line Surge Supressor Spectracom 8226 $250.00 $1,000.00 Simulcast Solutions
Radio Fire 2 Comparator Motorola MLC8000 $1,920.00 $3,840.00 Motorola
Radio Fire 6 Gateway Motorola MLC8000 $1,920.00 $11,520.00 Motorola
Radio Fire 8 19 Inch Rack Mount Kit Motorola VA00011AA $48.00 $384.00 Motorola
Radio Fire 8 120V AC to 12V DC Motorola VA00012AA $48.00 $384.00 Motorola
Radio Police 1 Comparator Motorola MLC8000 $1,920.00 $1,920.00 Motorola
Radio Police 4 Gateway Motorola MLC8000 $1,920.00 $7,680.00 Motorola
Radio Police 5 19 Inch Rack Mount Kit Motorola VA00011AA $48.00 $240.00 Motorola
Radio Police 5 120V AC to 12V DC Motorola VA00012AA $48.00 $240.00 Motorola
Radio PW 1 Comparator Motorola MLC8000 $1,920.00 $1,920.00 Motorola
Radio PW 3 Gateway Motorola MLC8000 $1,920.00 $5,760.00 Motorola
Radio PW 4 19 Inch Rack Mount Kit Motorola VA00011AA $48.00 $192.00 Motorola
Radio PW 4 120V AC to 12V DC Motorola VA00012AA $48.00 $192.00 Motorola
Parts Total $84,408.00
Tax Total $4,570.56
Shipping Total $1,100.00
$1,990.08 $400.00
$200.00
$2,580.48 $500.00
ITEM NUMBER: A-4DATE: 04/26/16ATTACHMENT: 2Page 29
ITEM NUMBER: A-5
DATE: 04/26/16
Atascadero City Council
Staff Report - Community Development Department
Community Facilities District 2005-1
Annexation No. 14, No. 15 and No. 16
RECOMMENDATIONS:
Council:
1. Adopt on second reading, by title only, Draft Ordinance A, authorizing the levy of
special taxes in Community Facilities District 2005-1 for certain annexation
territory; and
2. Adopt on second reading, by title only, Draft Ordinance B, authorizing the levy of
special taxes in Community Facilities District 2005-1 for certain annexation
territory; and
3. Adopt on second reading, by title only, Draft Ordinance C, authorizing the levy of
special taxes in Community Facilities District 2005-1 for certain annexation
territory.
REPORT-IN-BRIEF:
This action consists of authorizing the levy of special taxes in Community Facilities District
(CFD) 2005-1 to newly annexed areas that include the following projects:
Annexation Area No. 14, known as 5310 Carrizo Road Subdivision.
Annexation Area No. 15, known as 8570 El Corte Subdivision.
Annexation Area No. 16, known as 10380 El Camino Real.
This is a second reading of the proposed ordinances and is required to formalize the
annexations.
On April 12, 2016, the City Council held a public hearing on annexation into the City’s
CFD for areas 14, 15 and 16. After the close of the public hearing, the City Council
adopted resolutions on a 5-0 vote authorizing an annexation of these areas into CFD
2005-1. A landowner election was held, and the owners elected to authorize a special
Page 30
ITEM NUMBER: A-5
DATE: 04/26/16
CFD tax and approve the annexation. The Council then introduced, by title only, Draft
Ordinances A, B and C, on a 5-0 vote, and authorized a levy of a CFD fee to all future
property owners residing in annexation areas 14, 15 and 16.
The Special Tax levied against Single-Family Residential parcels for Fiscal Year 2015-
2016 was $650.08 per parcel ($54.17 per month), 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 use d to fund new public services authorized to
be funded by the State Mello-Roos Act and identified within the Rate and Method of
Apportionment, and cannot be used to support existing services. Adoption of th ese
ordinances by second reading will complete the CFD process and allow for the Final
Maps to be recorded.
FISCAL IMPACT:
The establishment of Annexations Nos. 14, 15, and 16 into the CFD is intended to
mitigate the fiscal impact of residential development on the City. These three projects,
totaling 23 units, would provide $14,951.84 annually at build out, based on the current
Actual Rates, levied to fund the expansion of Police, Fire, and Park Services associated
with the new residential units.
ATTACHMENTS:
1. Draft Ordinance A (Annexation No. 14)
2. Draft Ordinance B (Annexation No. 15)
3. Draft Ordinance C (Annexation No. 16)
Page 31
ITEM NUMBER: A-5
DATE: 04/26/16
Attachment 1: Draft Ordinance A – Special Tax Levy – 5310 Carrizo Road Subdivision (Annexation #14)
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 12, 2016,
adopted Resolution No. 2016-020 entitled “Resolution of the City Council of the City of
Atascadero, California, Declaring the Results of Special Annexation Landowner Election,
Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to
Notice of Special Tax Lien.”
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to th e
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ITEM NUMBER: A-5
DATE: 04/26/16
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 2016-17 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 2016-17 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, 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
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ITEM NUMBER: A-5
DATE: 04/26/16
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 April 12, 2016, 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
Page 34
ITEM NUMBER: A-5
DATE: 04/26/16
Attachment 2: Draft Ordinance B – Special Tax Levy for CFD Annexation No. 15 (8570 El Corte)
DRAFT ORDINANCE B
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 12, 2016,
adopted Resolution No. 2016-021 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 ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to the
Community Facilities District Law, at the rate and in accordance with the rate and method of
apportionment of special tax set forth in the Resolution of Formation, which rate and method is
Page 35
ITEM NUMBER: A-5
DATE: 04/26/16
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 2016-17 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 2016-17 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, 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.
Page 36
ITEM NUMBER: A-5
DATE: 04/26/16
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 April 12, 2016, 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
Page 37
ITEM NUMBER: A-5
DATE: 04/26/16
Attachment 3: Draft Ordinance C – Special Tax Levy for CFD Annexation No. 16 (10380 El Camino Real)
DRAFT ORDINANCE C
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 12, 2016,
adopted Resolution No. 2016-022 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 ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation Territory,
Page 38
ITEM NUMBER: A-5
DATE: 04/26/16
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 2016-17 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 2016-17 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, 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
Page 39
ITEM NUMBER: A-5
DATE: 04/26/16
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 April 12, 2016, 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
Page 40
ITEM NUMBER: C-1
DATE: 04/26/16
Atascadero City Council
Staff Report - Public Works Department
SLOCOG’s Self-Help County Efforts
RECOMMENDATIONS:
Council:
1. Review and Comment on Draft Transportation Investment Plan categories and
distributions including 9-year duration, formula distribution for Local Road
Repairs and Transportation Improvements, and Safeguards; and,
2. Identify the key projects for local transportation funding as: roadway
maintenance, repair, and rehabilitation; congestion management at key
intersections; and bike /pedestrian improvements and connectivity; and,
3. Direct staff to work with SLOCOG to develop a Final Transportation Investment
Plan, Ordinance, and Safeguards for City and County evaluation to place on the
November 2016 ballot for voter consideration.
DISCUSSION:
Background:
On April 6, 2016, the San Luis Obispo Council of Governments (SLOCOG) Board
approved proceeding with the development of a possible ballot measure for a
countywide sales tax to be used for transportation related expenditures. This measure
is proposed due to the continual decrease in transportation funding and shifting of
burden to local agencies to remediate regional and statewide transportation
deficiencies. There are many California counties that have passed similar measures to
become “Self-Help Counties” to lessen the reliance on depleting State and Federal
funding to address regional transportation deficiencies, making transportation funding
even less of a priority for the State.
Based upon a public engagement effort, SLOCOG is recommending a one-half cent
sales tax for a term of nine years that is anticipated to generate $25 million annually or
$225 million over the nine year term. As part of the ballot measure, a Transportation
Investment Plan is required along with voter safeguards. The proposed investment plan
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ITEM NUMBER: C-1
DATE: 04/26/16
which includes four categories for use of the sales tax measure, including Local Road
Repair and Transportation (50%), Regional Projects (25%), Bike and Pedestrian Safety
and Connectivity (15%), and Public Transportation (10%). The attached SLOCOG
report includes further explanation and details for these categories and SLOCOG staff
will present the attached report and be available to answer any questions related to the
proposed ballot measure components and process.
SLOCOG is asking the City to identify key local transportation -related projects that are
of importance and could be funded by the Local Road Repair and Transportation
Improvement allocation. This allocation, which equates to fifty percent of the sales tax
($12.5 million annually), is proposed to be controlled by local jurisdictions and allocated
by a base amount ($1.2 million) with the remainder ($11.3 million) proportionate to
jurisdiction population. The base amount for each of the eight eligible juris dictions (7
cities plus county) is $150,000. Atascadero has 10.63% of the County population and
would receive this percentile of $11.3 million for an annual total of $1,351,670 annually,
or $12,165,031 over the nine year ballot term. Table 2 of SLOCOG’s report provides a
detailed ledger of these allocations.
There are subcategory formulas for the local funds and include the following (% based
upon entire sales tax revenue):
Local Choice: 36% - for any transportation purpose
Community Enhancements: 10% - for downtown enhancements, major road
projects, etc.
Safe Routes to School: 4% - for capital improvements around local schools
Key Projects
SLOCOG has asked the City to identify key transportation projects for the local
transportation funding allocation. Staff has identified the following key needs:
Road Maintenance
Road rehabilitation and maintenance continues to be a key need here in the City. While
the Measure F-14 sales tax has a tremendous impact on local roadway funding,
additional funding for roadway maintenance and rehabilitation would allow the City to
make bigger gains in the pavement condition of the roadway system. A ten-year
projection for various budget scenarios was ran in 2014 using the City’s pavement
management system, which indicated $4.8 million would be needed annually for
roadway maintenance and rehabilitation to maintain the existing Pavement Condition
Index (PCI) of 47. At the time, $1.3 million was the current budget and the F -14 sales
tax measure increased the combined budget to about $3.1 million. The following chart
shows the ten-year project analysis done in 2014.
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ITEM NUMBER: C-1
DATE: 04/26/16
Between Measure F-14 funds and other City funds, the City will be addressing over 30
miles of roadway repairs in the next 5 years. While this is a significant step forward,
road maintenance and repair of the City’s 130 miles of roadway continues to be a key
need.
Congestion Relief
Congestion management at key intersections could also be funding with the Local
Choice portion or Community Enhancements – estimated at $270,334 annually or
$2,433,006 over the nine-year term. Traffic flow at key intersections, particularly at or
near US Highway 101 continues to be a potential barrier to economic development and
improving these intersections continues to be a significant need for the City. Potential
projects for congestion management could include US Highway 101 interchange
improvements or arterial intersection improvements.
Bike and Pedestrian Connectivity
Bike and pedestrian improvements and connectivity continue to be a community need.
Potential projects could include Colony Park Community Center to Atascadero Lake
Park connection (via Atascadero Avenue), and other bike lanes, sidewalks, crosswalks,
and multi-purpose paths on El Camino Real, Santa Rosa Road, Curbaril Avenue, SR
41, etc. Local choice funds could be used to leverage/match available grant funds.
If the sales tax measure passes, it is anticipated that the City will engage in a public
process to identify specific projects and produce a five year Construction Improvement
Program for all local choice funding.
Regional Projects, Bike & Pedestrian Safety & Connectivity, and Public Transportation
Unlike the Local Road Repairs and Transportation Improvements, SLOCOG has
identified specific projects to invest the other sales tax allocations, including the
Atascadero/Templeton Missing Link bicycle connectivity project.
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ITEM NUMBER: C-1
DATE: 04/26/16
FISCAL IMPACT:
There is no significant direct fiscal impact for the above recommendations. If the
SLOCOG ballot initiative is successful, the City is estimated to receive $1,351,670
annually or $12,165,031 over the nine-year ballot term.
ALTERNATIVES:
1. The Council may choose to not make a recommendation on this matter.
However, the recommendation is not necessarily an endorsement of the sale s
tax but rather providing input to SLOCOG staff on development of the
Transportation Investment Plan.
2. The Council may also choose to identify other projects or priorities to be used for
Local Road Repairs and Transportation Improvements portion of the sales tax
measure.
ATTACHMENTS:
1. SLOCOG’s Self-Help County Efforts Report dated April 2, 2016
Page 44
Page 1
SLOCOG’s Self-Help County Efforts
April 2, 2016
(Information for Member Jurisdictions)
SUMMARY:
State funds for transportation infrastructure have dropped and continue to decrease. SLOCOG saw
this first hand with the loss of State Transportation Improvement Program (STIP) funds
(approximately $15M less in the 15/16 programming cycle). Without new funding for transportation
investments, our cities and county may lose job opportunities, experience increased traffic on
degraded streets and highways, suffer potential service cuts on buses, and see more costly
transportation services for youth, seniors, and people with disabilities.
At the December 2015 board meeting, staff was directed
to investigate Self-Help County status for the region.
Throughout California twenty local county transportation
agencies, like SLOCOG, have a super-majority, voter-
approved, transportation sales tax measure. Through
outreach, focus groups, and polling conducted between
December 2015 and March 2016, SLOCOG’s staff and
consultant reached out and launched an effort to identify
the public’s transportation priorities and their level of
support for transportation repairs and improvements.
Per the results of this public engagement effort,
SLOCOG staff is recommending a ½-cent regional sales
tax that will generate $25M/year solely for transportation
purposes ($225M over the 9-year period), as outlined in
a specific voter-approved Transportation Investment
Plan (see pie chart to the right), which would also
include many voter safeguards. SLOCOG staff
presented a summary of outreach, the suggested
strategy for moving towards a November 2016 ballot
measure, and solicited feedback on the proposed
investments at the April 6, 2016 SLOCOG Board meeting. The SLOCOG Board directed staff to
present to all City Councils and the Board of Supervisors for conceptual support of the Proposed
Investments.
A detailed description of this pie chart and recommendations is outlined below in the Discussion
section of this staff report and a 2-page overview is attached.
RECOMMENDATIONS:
A.) Review and Comment on: draft Transportation Investment Plan categories and distributions,
including: 9-year duration, formula distribution for Local Road Repairs and Transportation
Improvements, and Safeguards.
B.) Identify Key Projects for local funding allocation.
C.) Direct staff to work with SLOCOG to develop a Final Transportation Investment Plan,
Ordinance, and Safeguards for City and County evaluation to place on the November 2016
ballot for voter consideration.
ITEM NUMBER: C-1
DATE: 04/26/16
ATTACHMENT: 1
Page 45
Page 2
DISCUSSION:
About SLOCOG: SLOCOG is an association of local governments, which is made up of the seven
cities and the county. It has a 12-member Board, including, one member from each City Council and
all of the County Board of Supervisors. SLOCOG’s prime responsibilities include transportation
planning and funding for the region, while serving as a forum for the study and resolution of regional
issues. SLOCOG is responsible for coordinating, planning, and programming transportation
programs and projects countywide, including: Highways, interchanges, streets, public transit, biking,
walking, safe routes to school, and ridesharing. SLOCOG develops the 20+ year Regional
Transportation Plan (RTP) to identify fundable, needed transportation projects of every mode.
Transportation Funding Problem: State and Federal revenues provided to our local transportation
systems have been in decline for over a decade. More critically, since the release of the 2014
Regional Transportation Plan, the State funding estimates have dropped significantly. This drop is
attributable to the fact that transportation revenues are based on Gas Taxes, and due to both low
fuel prices (which decreases the amount of Gas Tax) and more electric and hybrid vehicles (which
decreases overall consumption). In the FY15/16 programming cycle there was ZERO State gas tax
dollars for SLOCOG to program. These funds typically cover a significant share of the cost of
highway improvements like local interchanges (LOVR, Brisco). Recently, SLOCOG shifted funds that
are typically used for local downtown enhancements, bike and pedestrian projects, etc. to keep
some of the big highway projects moving forward. This includes project development for congestion
relief on 101 South in the Shell Beach/Pismo Beach area.
Over the next 20 years, San Luis Obispo County’s population is expected to grow by another 44,000
people. This will result in more demand on our streets, highways, and transit. Also worth
consideration, our local economy is bolstered with tourists and visitors (using our transportation
systems) from around our State which will grow by another seven million people. With the current
inadequate funding, our transportation systems will fall further behind.
SLOCOG Public Engagement: In the past 6 months, SLOCOG staff and consultants engaged the
public to garner information, feedback, and level of support at over 75 meetings with stakeholders,
organizations, and clubs (see Attachment A). Over 700 meeting participants provided immediate
feedback on problems and priorities through interactive clicker technology. An additional 143 people
responded using a survey on SLOCOG’s website. Consultant efforts also included four Focus
Group meetings and a 600 likely-voter (landline, cellular, e-mail), statistically valid poll.
A Self-Help Measure for SLO County: Based upon public outreach, SLOCOG is considering a ½
cent regional sales tax that will generate $25M/year solely for transportation purposes, as outlined in
a specific voter-approved Transportation Investment Plan requiring a 2/3 majority vote. Over half of
the revenue would come from non-residents who visit our county. Self-Help funds improve local
chances to leverage State/Federal grant funds. Each city in the county and the unincorporated
portions of the county would receive direct annual allocations to use for their transportation priorities
– whether for potholes, street maintenance, bicycle improvements, transit, safe routes to school, and
other transportation improvements.
ITEM NUMBER: C-1
DATE: 04/26/16
ATTACHMENT: 1
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Proposed Transportation Investment Plan Distribution:
Based on the extensive outreach, SLOCOG is recommending a ½ cent increase in sales tax for a 9-
year duration contained within a Transportation Investment Plan for:
Local Road Repair & Transportation Improvements (50%)
o This money is allocated directly to local jurisdictions under the following formula:
Local Choice: 36% (for any transportation purpose)
Community Enhancements: 10% spent on things such as downtown
enhancements, major roadway improvements, etc.
Safe Routes to School: 4% dedicated to capital improvements around county
schools
Public Transportation (10%)
o This money is allocated as follows:
Transit: 7% allocated to capital improvements and operational improvements
meant to increase frequency of current service (Transit Operators will further
define regional and local allocation distribution)
Seniors, Veterans, Persons w/ Disabilities: 2% for point-to-point service
increases
Transportation Demand Management: 1% dedicated to education and
outreach meant to get people out of single occupant vehicles, thereby
providing congestion relief during peak commute hours.
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DATE: 04/26/16
ATTACHMENT: 1
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Bike & Pedestrian Safety and Connectivity (15%)
o This money is meant to fund three specific regional bikeway improvements,
including: City-to-the-Sea/Bob Jones Trail, Atascadero-Templeton Connector and
Morro Bay-Cayucos Connector. It will also provide funds for a competitive bike and
pedestrian grant program.
Regional Projects (25%)
o This money will allow the region to implement operational improvements that provide
funding to four critical areas: Shell Beach/Pismo Beach congestion relief on US 101;
North County US 101 congestion relief; North Coast Highway 1 improvements; and
Safety and congestion relief in the south SLO city area.
Local Road Repairs and Transportation Improvements Allocations – In more depth:
This category is distributed by formula to the local jurisdictions based upon $150k/jurisdiction as a
base with the remaining funds distributed based upon share of population (Source: Department of
Finance Population Estimates 1/1/15, Table E-5), modified by new population percentages in the
fifth year.
The following table depicts the recommended distribution of $12.5M for Local Road Repairs and
Transportation Improvements. Each jurisdiction will determine its priority(s) for their local
Community Enhancements and Safe Routes to School set asides (identified below).
Table 2 – Local Road Repairs and Transportation Improvements
Self Help Measure Required Safeguards:
a. Independent Taxpayer Oversight Committee will oversee how funds are spent.
b. Administrative Costs are set at a maximum of 1%.
c. Maintenance of Effort provision will require that these new funds augment existing
transportation funding, not supplant them.
d. Annual Audits and Annual Reporting of how funds were spent.
e. Sunset date.
f. Development must pay its fair share.
Jurisdiction $ Base % Share $ Share Annual Total %
9 Year Total
Local Road
Repair &
Imp.s (36%)
Community
Enhancements
(10%)
SRTS (4%)
Arroyo Grande 150,000$ 6.35%717,978$ 867,978$ 6.9%7,811,804$ 5,624,499$ 1,562,361$ 624,944$
Atascadero 150,000$ 10.63%1,201,670$ 1,351,670$ 10.8%12,165,031$ 8,758,822$ 2,433,006$ 973,202$
Grover Beach 150,000$ 4.79%541,491$ 691,491$ 5.5%6,223,419$ 4,480,862$ 1,244,684$ 497,874$
Morro Bay 150,000$ 3.75%423,668$ 573,668$ 4.6%5,163,013$ 3,717,369$ 1,032,603$ 413,041$
Paso Robles 150,000$ 11.13%1,257,409$ 1,407,409$ 11.3%12,666,685$ 9,120,013$ 2,533,337$ 1,013,335$
Pismo Beach 150,000$ 2.81%317,669$ 467,669$ 3.7%4,209,018$ 3,030,493$ 841,804$ 336,721$
San Luis Obispo 150,000$ 16.70%1,886,897$ 2,036,897$ 16.3%18,332,072$ 13,199,092$ 3,666,414$ 1,466,566$
SLO County 150,000$ 43.83%4,953,218$ 5,103,218$ 40.8%45,928,958$ 33,068,850$ 9,185,792$ 3,674,317$
Total 1,200,000$ 100%11,300,000$ 12,500,000$ 100%112,500,000$ 81,000,000$ 22,500,000$ 9,000,000$
Distribution based on $150k/jurisdiction base; plus Share of Population
ITEM NUMBER: C-1
DATE: 04/26/16
ATTACHMENT: 1
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Other Provisions:
a. Biennial Strategic Plan development.
o Efficient use funds by advancing ready-to-go projects when high-cost project(s)
are in project development phase.
b. Strict Plan amendment process.
c. Implementation Guidelines.
Next Steps:
The SLOCOG Board has approved staff to distribute the draft Transportation Investment Plan
breakdown (See Attachment B) to receive comments and feedback from local jurisdictions. The
timeline for those meetings is as follows:
County Board and City Councils review materials and provide feedback/comments:
Apr. 12: Morro Bay City Council
Apr. 18: Grover Beach City Council
Apr. 19: Board of Supervisors; Designation of SLOCOG as Local Transportation Authority;
Apr. 19: Paso Robles City Council
Apr. 19: Pismo Beach City Council
Apr. 26: Atascadero City Council
Apr. 26: Arroyo Grande City Council
May 3: San Luis Obispo City Council
May 4: Special SLOCOG Board meeting to review / address comments, and staff will
finalize Ballot Materials (Ballot Label, Transportation Investment Plan, Ordinance,
and Safeguards).
County Board and City Councils meetings for Approvals
June 1: SLOCOG Board: Review comments, Approves Final Investment Plan, Ordinance,
and Safeguards; Send for jurisdiction approvals.
June/July: All City Councils and BOS: Plan Approvals.
Aug 3: (SLOCOG) Local Transportation Authority Adopts Plan (2/3rds), and calls for
election.
Aug 9: BOS: Place materials on November 2016 Ballot.
Nov. 8: Election Day
ITEM NUMBER: C-1
DATE: 04/26/16
ATTACHMENT: 1
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ATTACHMENT A
SLOCOG - UPDATE OF PUBLIC ENGAGEMENT EFFORTS (2015/16)
2015AUGUSTSEPTEMBEROCTOBERNOVEMBERDECEMEBERBoard of DirectorsStaffBoard of DirectorsStaff/ConsultantStaff/ConsultantSupport Staff Reco:• Provide information and tools to sharpen the message/focus on transportation funding shortfalls.• Partner with non-governmental and civic organizations to educate the region on transportation funding issues.• Partner with non-governmental and civic organizations to educate the region on transportation funding issues.• Develops presentations for public• Continues to meet with stakeholders• Responds to media requests for more informationSupport Staff Reco:• Engage the public and stakeholders• Hold focus groups• Garner public feedback and complete a telephone survey to ascertain investment priorities and levels of support.• Contract signed for public engagement/outreach, focus groups, polling• Materials created for public engagement, including interactive clicker technology presentation• Begin scheduling additional meetings/outreach• Begin presentations with clicker technologyOutreach& MeetingsKCBX Central Coast VoicesMorro Bay RotarySanta Margarita Area CouncilCOLAB BoardCC American Public Works Assoc.Assembly Member Achadjian Farm Bureau & East Airport Commerce ParkCity ManagersHeal-SLOAvila Advisory CouncilSenator Monning StaffSLO Noontime KiwanisAtascadero RotarySLO Land Conservancy staffFarm Bureau StaffHomebuilders Govt Affairs Comm.EVC BoardSierra Club BoardSLO ChamberBob Jones Trail Comm.SLO Democratic PartyAG/GB Chamber: Legis. Comm.KCBX: Issues and IdeasCity ManagersSLO Republican PartyAtascadero City CouncilEconomic Vitality Comm. staffAtascadero Chamber of CommerceITEM NUMBER: C-1
DATE: 04/26/16
ATTACHMENT: 1
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ATTACHMENT B
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Atascadero City Council
Staff Report - City Manager’s Office
Property Assessed Clean Energy (PACE) Programs
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A approving an amendment to the Western Riverside
Council of Governments (WRCOG) Joint Powers Agreement to add the City as
an Associate Member in order to authorize the City's participation in the
California HERO Program; and
2. Adopt Draft Resolution B to join the California Home Finance Authority (CHFA)
JPA as an Associate Member in order to authorize the City's participation in the
CHFA SB 555 Community Facilities District (YGrene program); and
3. Adopt Draft Resolution C to join the California Home Finance Authority (CHFA)
JPA as an Associate Member in order to authorize the City's partici pation in the
CHFA AB 811 Authority PACE Program (YGrene program); and
4. Authorize the City Manager to execute agreements with PACE program
providers WRCOG and YGrene.
REPORT-IN-BRIEF:
Property Assessed Clean Energy (PACE) is a financing mechanism that allows
property owners to finance eligible energy and water efficiency, and renewable energy
projects, by adding the cost as an assessment to the property tax bill. This mechanism
eliminates upfront costs and allows repayment to be made over a long timefr ame,
typically from five to twenty years.
It is common practice for local governments to enter into agreements with PACE
administrators because it allows the local government to establish certain guidelines
and best practices for PACE program implementatio n. These guidelines and best
practices can include, but are not limited to, integration with City and/or County
residential energy efficiency programs, increased consumer protections, ability to
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terminate programs, and guaranteed access to program related data.
Beginning in 2009, the City Council supported efforts of bringing PACE financing
programs to Atascadero. In 2010, Council adopted a resolution that enabled
Atascadero property owners to participate in the PACE program that is operated by
CaliforniaFIRST. However, loans were not made available to residential consumers
until July 2014. The delay was due to concerns expressed by Federal Housing
Financing Agency (FHFA) and its determination that PACE loans would not be
supported as superior liens by mortgage lienholders such as Fannie Mae or Freddie
Mac. In 2014, the State of California established a loan-loss program to address these
concerns and subsequently, CaliforniaFIRST made residential loans available.
Recently, other PACE program providers have approached San Luis Obispo County
jurisdictions about adding their financing program to the available options. Currently, in
addition to the City of Atascadero, the following allow PACE programs: Arroyo Grande,
Grover Beach, Morro Bay, Paso Robles, San Luis Obispo and SLO County. Staff from
those cities and the County conferred and agreed that adding additional PACE program
providers would benefit the community by adding choice for residents and businesses
interested in financing energy and water conservation projects.
Adoption of the proposed resolutions would enable the recommended PACE programs
to be offered to the owners of property located within the City who wish to participate
and finance renewable energy, energy efficiency and water efficiency impro vements
and electric vehicle charging infrastructure.
DISCUSSION:
Countywide Action
In June 2015, the San Luis Obispo County Board of Supervisors directed staff to
implement PACE, by developing evaluation criteria for a Request for Proposal (RFP)
process to vet and select the most qualified PACE provider(s) for the County of San
Luis Obispo. County Planning and Building staff initiated the RFP on August 21, 2015.
A selection committee including representatives from multiple County departments and
the City of San Luis Obispo was formed to review and score each proposal received
based on a standardized set of criteria. Following proposal review, interviews were
conducted and other counties and cities were contacted regarding their experience and
satisfaction with those PACE administrators. The selection committee recommended
three PACE administrators, determining that having multiple qualified providers fosters
a more competitive marketplace that maximizes the options available to property
owners participating in the PACE program.
On November 17, 2015, the Board of Supervisors adopted resolutions that added the
County as an Associate Member to Joint Powers Agreements in order to authorize
properties within the unincorporated areas of the County to participate in
CaliforniaFIRST, HERO, and the YGrene PACE financing programs. By consensus,
staff from the County and the cities agreed that all participating jurisdictions should
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recommend to their elected bodies to offer the same program(s) in an effort to minimize
market confusion for customers and contractors and to promote energy efficiency
programs in a more cohesive manner. Already a participant in the CaliforniaFIRST
program, on February 16, 2016, the City of San Luis Obispo adopted resolutions an d
became Associate Members to Joint Powers Agreements with the HERO and YGrene
financing programs.
PACE Program Overview
The CaliforniaFIRST, HERO and YGrene PACE programs, recently authorized by the
Board of Supervisors and the City of San Luis Obispo, would allow property owners in
San Luis Obispo County and other participating cities to finance renewable energy,
energy and water efficiency improvements, and electric vehicle charging infrastructure
on their property. If a property owner chooses to participate, the installed improvements
will be financed by the issuance of bonds by a joint powers authority, and will be
collected together with property taxes. The bonds are secured by a voluntary
contractual assessment levied on such owner's property, with no resources from the
local government or other participating jurisdictions. Depending on the specific PACE
program, this financing is available for eligible improvements on both residential and
non-residential properties.
PACE financing programs can be set up and administered under the following statutory
frameworks:
1. The Improvement Act of 1911 (Improvement Act) as amended by AB 811, or
2. The Mello-Roos Act as amended by SB 555.
Although, both SB 555 and AB 811 PACE program methods accomplish the same
purpose, several important statutory and structural differences exist between program
methods that operate under these statues.
AB 811 allows for the formation of assessment districts to provide for the financing of
clean energy and water conservation improvements on commercial and residential
properties. The CaliforniaFIRST and HERO programs involve assessment districts
formed pursuant to AB 811. However, CaliforniaFIRST was originally authorized to
provide PACE programs to City of Atascadero property owners pursuant to Chapter 29
of Division 7 of the Streets & Highways Code and the issuance of improvement bonds
under the Improvement Bond Act of 1915.
SB 555 authorizes the formation of Community Facilities Districts ("CFDs") to finance
the acquisition, installation and improvement of energy efficiency, water conservation
and renewable energy systems on real property. Under SB 555, parcels are annexed
into the district with each participating owner consenting in writing to the annexation. As
with the AB 811 method, a special tax to repay project financing is then levied against
the property owner. The YGrene program that is currently being offered involves
annexation into a CFD.
Participation in the HERO and YGrene programs both require that the City must
become an Associate Member of their Joint Powers Authorities. There are no dues or
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other costs for the City associated with membership.
Federal Housing Finance Agency (FHFA) - Fannie Mae/Freddie Mac
The Federal Housing Finance Agency's (FHFA) concerns regarding PACE lien priority
remains, because as a local assessment, the lien would be superior to Fannie Mae/
Freddie Mac's mortgage interest. Due to this objection, on August 31, 2010, mortgage
originators were informed that the FHFA would not be purchasing any mortgages with
PACE liens. In 2014, in response to FHFA concerns, the State of California's
established a loan loss reserve fund for residential PACE Programs to provide a level
of risk mitigation. Although the loan loss reserve fund has been established and there
has been a lack of related adverse consequences experienced by ongoing programs,
the FHFA's position has not changed.
Staff recognizes that risks to individual homeowners remain because FHFA has not
changed its stated policy that Fannie Mae and Freddie Mac should not purchase
mortgages on properties encumbered by residential PACE programs. PACE providers
have the responsibility to disclose the risks to prospective participants so that they can
decide whether or not to participate and the program administrators will execute an
indemnification and insurance agreement.
PACE Program Benefits
• Savings: Energy and water savings are possible depending on the
improvements financed.
• Eligibility: Provides alternative financing options for property owners to fund
renewable energy, energy efficiency and/or water efficiency improvements that
lower utility bills.
• Voluntary: Property owners can choose to participate in the program at their
discretion. Improvements and properties must meet eligibility criteria in order to
qualify for financing.
• Payment obligation stays with the property: The voluntary contractual
assessment stays with the property upon transfer of ownership. Certain
residential conforming mortgage providers will, however, require the assessment
be paid off at the time the property is refinanced or sold.
• Prepayment option: The property owner can choose to pay off the asse ssments
at any time, subject to applicable prepayment penalties.
Potential Benefits to the City
• Increased energy and water conservation by residents and businesses.
• Potential economic benefits resulting from local job creation and increases in
sales and property tax revenue.
• The City is not obligated to repay the bonds or to pay any delinquent
assessments levied on the participating properties.
• All PACE program and assessment administration, bond issuance and bond
administration functions are handled by the PACE program administrators
(CaliforniaFIRST, HERO, and YGrene). Little, if any, City staff time is needed to
participate in the PACE program.
• Adding additional PACE financing programs increases financing options for city
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residents and businesses, offering financing to property owners quickly and
easily.
Recommended PACE Programs
California Statewide Communities Development Authority - CaliforniaFIRST Program
The California Statewide Communities Development Authority (“CSCDA”) is a state-
wide JPA formed by the California State Associations of Counties and the League of
California Cities. The City is a member of CSCDA.
CSCDA's PACE program is known as CaliforniaFIRST and is administered by
Renewable Funding. CSCDA uses an "open market" source of funding to finance the
loans made to property owners. Under this model, the property owner arranges the
financing with a private lender. CSCDA then issues a bond, secured by t he
assessment, to the private lender.
In 2010 CSCDA suspended launch of the CaliforniaFIRST residential program due the
FHFA issues discussed above, but moved forward with its commercial program. In
2014, CaliforniaFIRST's launched their residential program, after developing
underwriting standards and disclosures in an effort to address the risks related to
residential PACE, and the State of California's establishment of a loan loss reserve
fund for residential PACE Programs to provide a level of risk mitigation.
Although the City has already authorized CSCDA's CaliforniaFIRST program to be
offered in Atascadero, its program administrator will need to execute an indemnification
and insurance agreement to further mitigate the level of risk.
California Home Finance Authority - YGrene Program
California Home Finance Authority ("CHF"), which is in the process of formally
changing its name to Golden State Finance Authority, is a joint exercise of powers
authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California and the Joint Power Agreement entered into on July 1,
1993, as amended from time to time.
CHF has established two Property Assessed Clean Energy ("PACE") financing
programs for residential, commercial, industrial and agricultural properties to address
high up-front costs for property owners who wish to improve their properties through
installation of measures that will generate renewable energy or reduce their energy a nd
water use. By offering low cost financing, CHF's PACE programs allow construction of
these projects to proceed and, in the process, stimulate building activity and the overall
local economy, reduce peak energy demand, increase property values, and gener ate
savings on utility bills for property owners.
CHF contracts with YGrene Energy Fund CA LLC (YGrene) to serve as the program
administrator and to operate the YGrene Works for California PACE financing program.
CHF sought and has completed the process of validation for both the SB 555 and the
AB 811 programs, as described above with the Superior Court for the County of
Sacramento. As of 2015, the CHF SB 555 PACE program was fully operational.
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Although CHF is implementing only the SB 555 PACE program at this time, CHF chose
to form, validate and maintain both the SB 555 and AB 811 programs offerings. Should
market conditions, consumer demand and/or legislative changes affect one PACE
program more than another, CHF would have the flexibility to offer the program that
best supports CHF's vision of service without any interruption to participating counties
and cities and their property owners. CHF intends to maximize the benefits of both
program offerings.
To support a more competitive marketplace, staff is recommending that the Council
adopt two resolutions that would authorize CHF to offer both PACE program models:
1. The first resolution authorizes the City to join the JPA as an Associate Member
and permits property owners within the incorporated areas of the City to
participate in the CHF SB 555 Community Facilities District.
2. The second resolution authorizes the City to join the JPA as an Associate
Member and permits property owners within the incor porated areas of the City to
participate in the CHF AB 811 Authority PACE Program.
Each resolution also authorizes CHF (1) to accept applications from property owners
within the City's incorporated area to finance authorized improvements; and (2) to
conduct proceedings and levy special taxes or contractual assessments, as applicable,
on the property of participating owners.
Western Riverside Council of Governments - HERO Program
Western Riverside Council of Governments (WRCOG) is a joint exercise of powers
authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California and the Joint Powers Agreement entered into on April 1,
1991, as amended from time to time.
WRCOG's PACE program is known as HERO and is administered by Renovate
America, Inc. The HERO program finances installation of renewable energy, energy or
water efficiency products, or electric charging infrastructure that are permanently fixed
to a property owner's real property. The program is availab le for eligible improvements
on both residential and non-residential properties.
The HERO program is similar to the CaliforniaFIRST program, in that the bonds are
secured by voluntary contractual assessments levied on such owner's property, with no
recourse to the City or other participating jurisdictions.
Property owner participation is completely voluntary. Property owners who wish to
participate in the program agree to repay the amount borrowed through the voluntary
contractual assessment collected together with their property taxes.
Conclusion
The City of Atascadero previously approved participation in the CaliforniaFIRST PACE
program. Adding additional PACE programs, to be administered by HERO and YGrene ,
provide more options for City property owners, and will not add to or require any
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additional responsibilities for the City. Given the establishment of the State's PACE
Loss Reserve Program as well as the success of PACE programs statewide, staff
recommends that the City of Atascadero continue expanding PACE by adopting the
resolutions authorizing the recommended PACE programs.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. There is no cost to
the City to become an associate member of the JPA or by opting into the PACE
program described in this report. The City will have no administrative responsibilities,
marketing obligations, or financial obligations associated with the PACE program.
ALTERNATIVES:
The City Council could decide not to participate in the recommended PACE programs.
The City’s participation with the CaliforniaFIRST program would continue and be the
only option for Atascadero residents at this time.
ATTACHMENTS:
1. HERO Resolution
2. YGrene Resolution - CFD SB 555
3. YGrene Resolution - PACE AB 811
4. CaliforniaFIRST Resolution No. 2010-001
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DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE
CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED
GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND
WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT
TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO
WHEREAS, the Western Riverside Council of Governments (“Authority”) is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the
Government Code of the State of California (Section 6500 and following) (the “Act”) and the
Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the
“Authority JPA”); and
WHEREAS, Authority has established the California HERO Program to provide for the
financing of renewable energy distributed generation sources, energy and water efficiency
improvements and electric vehicle charging infrastructure (the “Improvements”) pursuant to
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and
Highways Code (“Chapter 29”) within counties and cities throughout the State of California that
elect to participate in such program; and
WHEREAS, City of Atascadero (the “City”) is committed to development of renewable
energy sources and energy efficiency improvements, reduction of greenhouse gases, protection
of our environment, and reversal of climate change; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the California HERO
Program would promote the purposes cited above; and
WHEREAS, the City wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency and independence, and in doing so cooperate with Authority
in order to efficiently and economically assist property owners the City in financing such
Improvements; and
WHEREAS, Authority has established the California HERO Program, which is such a
voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally
made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers
Agreement Adding the City of Atascadero as an Associate Member of the Western Riverside
Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE)
ITEM NUMBER: C-2
DATE: 04/26/16
ATTACHMENT: 1
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Program Services within the City (the “JPA Amendment”), by and between Authority and the
City, a copy of which is attached as Exhibit “A” hereto, to assist property owners within the
jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the California HERO Program.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. This City Council finds and declares that properties in the City’s
incorporated area will be benefited by the availability of the California HERO Program to
finance the installation of the Improvements.
SECTION 2. This City Council consents to inclusion in the California HERO Program
of all of the properties in the jurisdictional boundaries of the City and to the Improvements, upon
the request by and voluntary agreement of owners of such properties, in compliance with the
laws, rules and regulations applicable to such program; and to the assumption of jurisdiction
thereover by Authority for the purposes thereof.
SECTION 3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting
and enforcement of the contractual assessments to finance the Improvements and the issuance
and enforcement of bonds to represent such contractual assessments.
SECTION 4. This City Council hereby approves the JPA Amendment and authorizes the
execution thereof by appropriate City officials.
SECTION 5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the City, and report back
periodically to this City Council on the success of such program.
SECTION 6. This Resolution shall take effect immediately upon its adoption. The City
Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority
Executive Committee.
ITEM NUMBER: C-2
DATE: 04/26/16
ATTACHMENT: 1
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On motion by Council Member __________________ and seconded by Council Member
__________________, the foregoing Resolution in 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: C-2
DATE: 04/26/16
ATTACHMENT: 1
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EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF ATASCADERO AS
AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN
ENERGY (PACE) PROGRAM SERVICES WITHIN SUCH CITY
This Amendment to the Joint Powers Agreement (“JPA Amendment”) is made and
entered into on the ___day of _____, 2016, by City of Atascadero (“City”) and the
Western Riverside Council of Governments (“Authority”) (collectively the “Parties”).
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant to
Chapter 5 of Division 7, Title 1 of the Government Code of the State of California
(Section 6500 and following) (the “Joint Exercise of Powers Act”) and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to time (the “Authority
JPA”); and
WHEREAS, as of October 1, 2012, Authority had 18 member entities (the “Regular
Members”).
WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the
California Streets and Highways Code (“Chapter 29”) authorizes cities, counties, and
cities and counties to establish voluntary contractual assessment programs, commonly
referred to as a Property Assessed Clean Energy (“PACE”) program, to fund certain
renewable energy sources, energy and water efficiency improvements, and electric
vehicle charging infrastructure (the “Improvements”) that are permanently fixed to
residential, commercial, industrial, agricultural or other real property; and
WHEREAS, Authority has established a PACE program to be known as the “California
HERO Program” pursuant to Chapter 29 which authorizes the implementation of such
PACE financing program for cities and counties throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to participate
in the California HERO Program and to allow Authority under Chapter 29, as it is now
enacted or may be amended hereafter, to finance Improvements to be installed on such
properties; and
WHEREAS, this JPA Amendment will permit City to become an Associate Member of
Authority and to participate in California HERO Program for the purpose of facilitating
the implementation of such program within the jurisdiction of City; and
WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this
JPA Agreement to allow for the provision of PACE services through the California
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HERO Program, including the operation of such PACE financing program, within the
incorporated territory of City; and
WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and
Authority with respect to the implementation of the California HERO Program within the
incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
1. The Authority JPA. City agrees to the terms and conditions of the
Authority JPA, attached.
2. Associate Membership. By adoption of this JPA Amendment, City shall
become an Associate Member of Authority on the terms and conditions set forth herein
and the Authority JPA and consistent with the requirements of the Joint Exercise of
Powers Act. The rights and obligations of City as an Associate Member are limited
solely to those terms and conditions expressly set forth in this JPA Amendment for the
purposes of implementing the California HERO Program within the incorporated territory
of City. Except as expressly provided for by the this JPA Amendment, City shall not
have any rights otherwise granted to Authority’s Regular Members by the Authority JPA,
including but not limited to the right to vote on matters before the Executive Committee
or the General Assembly, the right to amend or vote on amendments to the Authority
JPA, and the right to sit on committees or boards established under the Authority JPA or
by action of the Executive Committee or the General Assembly, including, without
limitation, the General Assembly and the Executive Committee. City shall not be
considered a member for purposes of Section 9.1 of the Authority JPA.
3. Rights of Authority. This JPA Amendment shall not be interpreted as
limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA
Amendment is intended to alter or modify Authority Transportation Uniform Mitigation
Fee (TUMF) Program, the PACE Program administered by Authority within the
jurisdictions of its Regular Members, or any other programs administered now or in the
future by Authority, all as currently structured or subsequently amended.
B. Implementation of California HERO Program within City Jurisdiction.
1. Boundaries of the California HERO Program within City Jurisdiction. The
boundaries within which contractual assessments may be entered into under the
California HERO Program (the “Program Boundaries”) shall include the entire
incorporated territory of City.
2. Determination of Eligible Improvements. Authority shall determine the
types of distributed generation renewable energy sources, energy efficiency or water
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conservation improvements, electric vehicle charging infrastructure or such other
improvements as may be authorized pursuant to Chapter 29 (the “Eligible
Improvements”) that will be eligible to be financed under the California HERO Program.
3. Implementation of California HERO Program Within the Program
Boundaries. Authority will undertake such proceedings pursuant to Chapter 29 as shall
be legally necessary to enable Authority to make contractual financing of Eligible
Improvements available to eligible property owners within the Program Boundaries.
4. Financing the Installation of Eligible Improvements. Authority shall
implement its plan for the financing of the purchase and installation of the Eligible
Improvements under the California HERO Program within the Program Boundaries.
5. Ongoing Administration. Authority shall be responsible for the ongoing
administration of the California HERO Program, including but not limited to producing
education plans to raise public awareness of the California HERO Program, soliciting,
reviewing and approving applications from residential and commercial property owners
participating in the California HERO Program, establishing contracts for residential,
commercial and other property owners participating in such program, establishing and
collecting assessments due under the California HERO Program, adopting and
implementing any rules or regulations for the California HERO Program, and providing
reports as required by Chapter 29.
City will not be responsible for the conduct of any proceedings required to be taken
under Chapter 29; the levy or collection of assessments or any required remedial action
in the case of delinquencies in such assessment payments; or the issuance, sale or
administration of any bonds issued in connection with the California HERO Program.
6. Phased Implementation. The Parties recognize and agree that
implementation of the California HERO Program as a whole can and may be phased as
additional other cities and counties execute similar agreements. City entering into this
JPA Amendment will obtain the benefits of and incur the obligations imposed by this
JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter
into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment upon six
(6) months written notice to City; provided, however, there is no outstanding
indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA
shall not apply to City under this JPA Amendment. City may withdraw approval for
conduct of the HERO Program within the jurisdictional limits of City upon thirty (30)
written notice to WRCOG without liability to the Authority or any affiliated entity. City
withdrawal shall not affect the validity of any voluntary assessment contracts (a) entered
prior to the date of such withdrawal or (b) entered into after the date of such withdrawal
so long as the applications for such voluntary assessment contracts were submitted to
and approved by WRCOG prior to the date of City’s notice of withdrawal.
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2. Mutual Indemnification and Liability. Authority and City shall mutually
defend, indemnify and hold the other party and its directors, officials, officers,
employees and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or
equity, to property or persons, including wrongful death, to the extent arising out of the
willful misconduct or negligent acts, errors or omissions of the indemnifying party or its
directors, officials, officers, employees and agents in connection with the California
HERO Program administered under this JPA Amendment, including without limitation
the payment of expert witness fees and attorneys fees and other related costs and
expenses, but excluding payment of consequential damages. Without limiting the
foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In
no event shall any of Authority’s Regular Members or their officials, officers or
employees be held directly liable for any damages or liability resulting out of this JPA
Amendment.
3. Environmental Review. Authority shall be the lead agency under the
California Environmental Quality Act for any environmental review that may required in
implementing or administering the California HERO Program under this JPA
Amendment.
4. Cooperative Effort. City shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations hereunder.
City recognizes that one of its responsibilities related to the California HERO Program
will include any permitting or inspection requirements as established by City.
5. Notice. Any and all communications and/or notices in connection with this
JPA Amendment shall be either hand-delivered or sent by United States first class mail,
postage prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
City:
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Attn: City Clerk
6. Entire Agreement. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining to the subject matter
hereof. This JPA Amendment supersedes any and all other agreements, either oral or
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in writing, among the Parties with respect to the subject matter hereof and contains all
of the covenants and agreements among them with respect to said matters, and each
Party acknowledges that no representation, inducement, promise of agreement, oral or
otherwise, has been made by the other Party or anyone acting on behalf of the other
Party that is not embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its
covenants and conditions shall be binding on and shall inure to the benefit of the Parties
and their respective successors and assigns. A Party may only assign or transfer its
rights and obligations under this JPA Amendment with prior written approval of the other
Party, which approval shall not be unreasonably withheld.
8. Attorney’s Fees. If any action at law or equity, including any action for
declaratory relief is brought to enforce or interpret the provisions of this Agreement,
each Party to the litigation shall bear its own attorney’s fees and costs.
9. Governing Law. This JPA Amendment shall be governed by and
construed in accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not create any
right or interest in the public, or any member thereof, as a third party beneficiary hereof,
nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for
personal injuries or property damages under the provisions of this JPA Amendment.
The duties, obligations, and responsibilities of the Parties to this JPA Amendment with
respect to third party beneficiaries shall remain as imposed under existing state and
federal law.
11. Severability. In the event one or more of the provisions contained in this
JPA Amendment is held invalid, illegal or unenforceable by any court of competent
jurisdiction, such portion shall be deemed severed from this JPA Amendment and the
remaining parts of this JPA Amendment shall remain in full force and effect as though
such invalid, illegal, or unenforceable portion had never been a part of this JPA
Amendment.
12. Headings. The paragraph headings used in this JPA Amendment are for
the convenience of the Parties and are not intended to be used as an aid to
interpretation.
13. Amendment. This JPA Amendment may be modified or amended by the
Parties at any time. Such modifications or amendments must be mutually agreed upon
and executed in writing by both Parties. Verbal modifications or amendments to this
JPA Amendment shall be of no effect.
14. Effective Date. This JPA Amendment shall become effective upon the
execution thereof by the Parties hereto.
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IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be
executed and attested by their officers thereunto duly authorized as of the date first
above written.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By: Date:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF ATASCADERO
By: Date:
Rachelle Rickard
City Manager
ITEM NUMBER: C-2
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DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE
CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE
RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND
WATER CONSERVATION IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING
ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO
WHEREAS, the California Home Finance Authority, a California joint powers
authority, (the “Authority”) has established the Community Facilities District No. 2014-1(Clean
Energy) in accordance with the Mello-Roos Community Facilities Act, set forth in sections
53311 through 53368.3 of the California Government Code (the “Act”) and particularly in
accordance with sections 53313.5(l) and 53328.1(a) (the “District”); and
WHEREAS, the purpose of the District is to finance or refinance (including the payment
of interest) the acquisition, installation, and improvement of energy efficiency, water
conservation, renewable energy and electric vehicle charging infrastructure improvements
permanently affixed to private or publicly-owned real property (the “Authorized
Improvements”); and
WHEREAS, the Authority is in the process of amending the Authority Joint Powers
Agreement (the “Authority JPA”) to formally change its name to the Golden State Finance
Authority; and
WHEREAS, the City of Atascadero is committed to development of renewable energy
generation and energy efficiency improvements, reduction of greenhouse gases, and protection
of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the
District to annex to the District and be subject to the special tax levy of the District only (i) if the
city or county within which the parcel is located has consented, by the adoption of a resolution
by the applicable city council or county board of supervisors, to the inclusion of parcels within
its boundaries in the District and (ii) with the unanimous written approval of the owner or owners
of the parcel when it is annexed (the “Unanimous Approval Agreement”), which, as provided in
section 53329.6 of the Act, shall constitute the election required by the California Constitution;
and
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WHEREAS, the City wishes to provide innovative solutions to its property owners to
achieve energy efficiency and water conservation and in doing so cooperate with Authority in
order to efficiently and economically assist property owners the City in financing such
Authorized Improvements; and
WHEREAS, the Authority has established the District, as permitted by the Act, the
Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City,
desires to become an Associate Member of the JPA by execution of the JPA Agreement, a copy
of which is attached as Exhibit “A” hereto, to participate in the programs of the JPA and, to
assist property owners within the incorporated area of the City in financing the cost of installing
Authorized Improvements; and
WHEREAS, the City will not be responsible for the conduct of any special tax
proceedings; the levy and collection of special taxes or any required remedial action in the case
of delinquencies in the payment of any special taxes in connection with the District.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. This City Council finds and declares that properties in the City’s
incorporated area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean
Energy) to finance the installation of the Authorized Improvements.
SECTION 2. This City Council consents to inclusion in the Authority CFD No. 2014-1
(Clean Energy) of all of the properties in the incorporated area within the City and to the
Authorized Improvements, upon the request of and execution of the Unanimous Approval
Agreement by the owners of such properties when such properties are annexed, in compliance
with the laws, rules and regulations applicable to such program; and to the assumption of
jurisdiction thereover by Authority for the purposes thereof.
SECTION 3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and
authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each
and every step required for or suitable for financing the Authorized Improvements.
SECTION 4. This City Council hereby approves joining the JPA as an Associate
Member and authorizes the execution by appropriate City officials of any necessary documents
to effectuate such membership.
SECTION 5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the City, and report
back periodically to this City Council on the success of such program.
SECTION 6. This Resolution shall take effect immediately upon its adoption. The City
Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority.
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On motion by Council Member __________________ and seconded by Council Member
__________________, the foregoing Resolution in 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
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Exhibit A
JPA Agreement
[to be inserted]
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CALIFORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated December 10, 2014)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(“Agreement”) is entered into by and among the counties listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as "Members" with the
respective powers, privileges and restrictions provided herein.
RECITALS
A. WHEREAS, the California Rural Home Mortgage Finance Authority (“CRHMFA”) was
created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise
of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the “Act”). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The
most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agreement, including the renaming of the
joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to finance the construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers
authority to exercise their respective powers for the purpose of financing the construction,
acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority
as authorized by the Act.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless the context otherwise requires, the following terms shall for purposes of this
Agreement have the meanings specified below:
"Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos
Local Bond Pooling Act of 1985, as amended.
"Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it
may from time to time be amended as provided herein.
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"Associate Member" means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
(“RCRC”), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
“Audit Committee” means a committee made up of the nine-member Executive
Committee.
"Authority" means California Home Finance Authority (“CHF”), formerly known as
CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority.
"Board" means the governing board of the Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term "Bonds" under the Act.
“Delegate” means the Supervisor designated by the governing board of each Member to
serve on the Board of the Authority.
“Executive Committee” means the nine-member Executive Committee of the Board
established pursuant to Section 10 hereof.
"Member" means any county which is a member of RCRC, has executed this Agreement
and has become a member of the Authority.
“Obligations” means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the Act.
“Program” or “Project” means any work, improvement, program, project or service
undertaken by the Authority.
"Rural County Representatives of California" or “RCRC” means the nonprofit entity
incorporated under that name in the State of California.
“Supervisor” means an elected County Supervisor from an RCRC member county.
2. Purpose
The purpose of the Authority is to provide financing for the acquisition, construction, ,
improvement and rehabilitation of real property in accordance with applicable provisions of law
for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides
for the joint exercise of powers common to any of its Members and Associate Members as
provided herein, or otherwise authorized by the Act and other applicable laws, including assisting
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in financing as authorized herein, jointly exercised in the manner set forth herein.
3. Principal Place of Business
The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento,
California 95814.
4. Creation of Authority; Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall be a public entity separate and distinct from the Members or Associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed with the office of the Secretary of State of California in a timely fashion in
the manner set forth in Section 6503.3 of the Act.
c. A county that is a member of RCRC may petition to become a member of the
Authority by submitting to the Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement. The Board shall review the petition for membership
and shall vote to approve or disapprove the petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority.
d. An Associate Member may be added to the Authority upon the affirmative
approval of its respective governing board and pursuant to action by the Authority Board upon
such terms and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms and conditions, and rights, privileges and
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of the Authority as determined by the Board, but shall not be
voting members of the Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as provided by resolution of
the Board and as amended from time to time by the Board. Changes in the terms and conditions
for Associate Membership by the Board will not constitute an amendment of this Agreement.
5. Term and Termination of Powers
This Agreement shall become effective from the date hereof until the earlier of the time
when all Bonds and any interest thereon shall have been paid in full, or provision for such
payment shall have been made, or when the Authority shall no longer own or hold any interest in a
public capital improvement or program. The Authority shall continue to exercise the powers
herein conferred upon it until termination of this Agreement, except that if any Bonds are issued
and delivered, in no event shall the exercise of the powers herein granted be terminated until all
Bonds so issued and delivered and the interest thereon shall have been paid or provision for such
payment shall have been made and any other debt incurred with respect to any other financing
program established or administered by the Authority has been repaid in full and is no longer
outstanding.
6. Powers; Restriction upon Exercise
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a. To effectuate its purpose, the Authority shall have the power to exercise any and all
powers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all such powers. The powers
of the Authority are limited to those of a general law county.
b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the activities of the Authority as it deems necessary
or desirable to accomplish its purpose.
c. The Authority shall have the power to finance the construction, acquisition,
improvement and rehabilitation of real property, including the power to purchase, with the
amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by
any of its Members or Associate Members and other local agencies at public or negotiated sale, for
the purpose set forth herein and in accordance with the Act. All or any part of such bonds so
purchased may be held by the Authority or resold to public or private purchasers at public or
negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale
contemplated herein as it deems necessary or convenient and in furtherance of the Act. The
Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its
property or revenues as security to the extent permitted by resolution of the Board under any
applicable provision of law. The Authority may issue Bonds in accordance with the Act in order
to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act,
and to secure such debt, to further such purpose. The Authority may utilize other forms of capital,
including, but not limited to, the Authority’s internal resources, capital markets and other forms of
private capital investment authorized by the Act..
d. The Authority is hereby authorized to do all acts necessary for the exercise of its
powers, including, but not limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
building, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving gifts, contributions and donations of property, funds, services and
any other forms of assistance from persons, firms, corporations or
governmental entities,
(7) suing and being sued in its own name, and litigating or settling any suits or
claims,
(8) doing any and all things necessary or convenient to the exercise of its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to finance and refinance the
acquisition, installation and improvement of energy efficiency, water
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conservation and renewable energy improvements to or on real property
and in buildings. The Authority may enter into one or more agreements,
including without limitation, participation agreements and implementation
agreements to implement such programs.
e. Subject to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have the power to invest any of its funds
as the Board deems advisable, in the same manner and upon the same conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
f. All property, equipment, supplies, funds and records of the Authority shall be
owned by the Authority, except as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest and premium thereon, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shall be payable solely from the moneys pledged to the repayment of principal or
interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds are issued. Neither the Members or Associate
Members nor the Authority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other costs incidental thereto, except from the revenues and funds
pledged therefor, and neither the faith and credit nor the taxing power of the Members or
Associate Members or the Authority shall be pledged to the payment of the principal of or
premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment. No covenant
or agreement contained in any Bond shall be deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither
the Board nor any officer thereof executing the Bonds or any document related thereto shall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
7. Governing Board
a. The Board shall consist of the number of Delegates equal to one representative
from each Member.
b. The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on the Board. A Member’s appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be effective until he or she is replaced
by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing
body of the Member in the same manner provided in this paragraph b..
c. The governing body of each Member of the Board shall appoint a Supervisor as an
alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the
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rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may have more than one vote at any meeting of the Board, and any Member’s designation of an
alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the
governing body of the Member in the same manner provided in this paragraph c..
d. Any person who is not a member of the governing body of a Member and who
attends a meeting on behalf of such Member may not vote or be counted toward a quorum but
may, at the discretion of the Chair, participate in open meetings he or she attends.
e. Each Associate Member may designate a non-voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
f. Delegates shall not receive compensation for serving as Delegates, but may claim
and receive reimbursement for expenses actually incurred in connection with such service
pursuant to rules approved by the Board and subject to the availability of funds.
g. The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more Delegates, officers or agents of the
Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in the name and on behalf of the Board or the Authority.
h. The Board may establish such committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of the
Board or the Authority.
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
a. The Board shall meet at least once annually, but may meet more frequently upon
call of any officer or as provided by resolution of the Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of
Division 2 of Title 5 of the Government Code of the State of California.
c. The Secretary of the Authority shall cause minutes of all meetings of the Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of the number of current
Delegates shall constitute a quorum for transacting business at any meeting of the Board, except
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that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote.
e. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among the Delegates at the
Board’s annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of the Board and perform such other duties as may
be specified by resolution of the Board. The vice chair shall perform such duties in the absence or
in the event of the unavailability of the chair.
b. The Board shall contract annually with RCRC to administer the Agreement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of the Authority, unless prior Board approval is required by a third
party, by law or by Board specification, and to perform other duties specified by the Board. The
Executive Director may appoint such other officers as may be required for the orderly conduct of
the Authority’s business and affairs who shall serve at the pleasure of the Executive Director.
Subject to the applicable provisions of any indenture or resolution providing for a trustee or other
fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority’s
funds, from whatever source, and, as such, shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers,
duties and responsibilities specified in Section 6505.5 of the Act.
c. The Legislative Advocate for the Authority shall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of the Authority, and a bond for such officer in the amount of at least one
hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and
filed with the Executive Director. Such bond may secure the faithful performance of such
officer’s duties with respect to another public office if such bond in at least the same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be made of the Authority’s books by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
e. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
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The Authority shall appoint nine (9) members of its Board to serve on an Executive
Committee.
b. Powers and Limitations
The Executive Committee shall act in an advisory capacity and make
recommendations to the Authority Board. Duties will include, but not be limited to, review of the
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement; and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
c. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with the law.
12. Agreement Not Exclusive; Operation in Jurisdiction of Member
This Agreement shall not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to issue
other obligations for those purposes. This Agreement shall not be deemed to amend or alter the
terms of other agreements among the Members or Associate Members.
13. Conflict of Interest Code
The Authority shall by resolution adopt a Conflict of Interest Code as required by law.
14. Contributions and Advances
Contributions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any other public agency to
further the purpose of this Agreement. Payment of public funds may be made to defray the cost of
any contribution. Any advance may be made subject to repayment, and in that case shall be repaid
in the manner agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January 1 of each year to
and including the following December 31, except for any partial fiscal year resulting from a change
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in accounting based on a different fiscal year previously.
b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the
succeeding fiscal year.
c. The Authority shall establish and maintain such funds and accounts as may be
required by generally accepted accounting principles. The books and records of the Authority are
public records and shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the State of California, and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant, a report thereof shall be filed as a public
record with each Member (and also with the auditor of Sacramento County as the county in which
the Authority’s office is located) within 12 months after the end of the fiscal year.
e. In any year in which the annual budget of the Authority does not exceed five
thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the
annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
the performance of all covenants hereof. Each Member or Associate Member hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or Associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of the remedies given to the Authority hereunder or by any la w now or
hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, the Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the Authority and, in the case of a criminal
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proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a like position would use under similar circumstances.
18. Immunities
All of the privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to the
activity of officers, agents or employees of any of the Members or Associate Members when
performing their respective functions, shall apply to them to the same degree and extent while
engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or
while engaged in the performance of any of their functions or duties under the provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment may be initiated
by the Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of the proposed change, shall be given by the Board to each Member’s Delegate for
presentation and action by each Member's board within 60 days, which time may be extended by
the Board.
The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn
Members without requiring formal amendment of the Agreement by the Authority Board of
Directors.
20. Withdrawal of Member or Associate Member
If a Member withdraws as member of RCRC, its membership in the Authority shall
automatically terminate. A Member or Associate Member may withdraw from this Agreement
upon written notice to the Board; provided however, that no such withdrawal shall result in the
dissolution of the Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted
by the Member's governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Member from
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
20. Miscellaneous
a. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
b. Construction. The section headings herein are for convenience only and are not to
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be construed as modifying or governing the language in the section referred to.
c. Approvals. Wherever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
d. Jurisdiction; Venue. This Agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed; any action to enforce or interpret its
terms shall be brought in Sacramento County, California.
e. Integration. This Agreement is the complete and exclusive statement of the
agreement among the parties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the parties relating to the subject matter of this Agreement.
f. Successors; Assignment. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties hereto. Except to the extent expressly provided herein,
no Member may assign any right or obligation hereunder without the consent of the Board.
g. Severability. Should any part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions
hereof shall not be affected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
AS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18, 2002
Amended and restated January 28, 2004
Amended and restated December 10, 2014
[SIGNATURES ON FOLLOWING PAGES]
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SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS
NAME OF COUNTY OR CITY:
Dated:
By:
Name:
Title:
Attest:
By
[Clerk of the Board Supervisors or City Clerk]
AFTER EXECUTION, PLEASE SEND TO:
YGRENE ENERGY FUND
ATTN: LEGAL DEPARTMENT
815 5TH STREET
SANTA ROSA CA 95404
82671.00000\9603861.1
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ATTACHMENT 1
CALIFORNIA HOME FINANCE AUTHORITY MEMBERS
As of December 10, 2014
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
El Dorado County
Glenn County
Humboldt County
Imperial County
Inyo County
Lake County
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plumas County
San Benito County
Shasta County
Sierra County
Siskiyou County
Sutter County
Tehama County
Trinity County
Tuolumne County
Yolo County
Yuba County
ITEM NUMBER: C-2
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DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE
CALIFORNIA HOME FINANCE AUTHORITY, PROGRAM TO FINANCE
RENEWABLE ENERGY GENERATION, ENERGY AND WATER
EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE
MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY
RELATED THERETO
WHEREAS, the California Home Finance Authority (“Authority”) is a joint exercise of
powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority is in the process of amending the Authority JPA to formally
change its name to the Golden State Finance Authority; and
WHEREAS, Authority has established a property-assessed clean energy (“PACE”)
Program (the “Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements and electric vehicle charging
infrastructure (the “Improvements”) pursuant to Chapter 29 of the Improvement Bond Act of
1911, being Division 7 of the California Streets and Highways Code (“Chapter 29”) within
counties and cities throughout the State of California that elect to participate in such program;
and
WHEREAS, City of Atascadero (the “City”) is committed to development of renewable
energy generation and energy and water efficiency improvements, reduction of greenhouse
gases, and protection of the environment; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the Authority PACE
Program would promote the purposes cited above; and
WHEREAS, the City wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency, and in doing so cooperate with Authority in order to
efficiently and economically assist property owners within the City in financing such
Improvements; and
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WHEREAS, Authority has established the Authority PACE Program, which is such a
voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally
made and entered into July 1, 1993, as amended to date, and the City, desires to become an
Associate Member of the JPA by execution of the JPA Agreement, a copy of which is attached
as Exhibit “A” hereto, to participate in the programs of the JPA and to assist property owners
within the jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the Authority PACE Program.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. This City Council finds and declares that properties in the City’s
incorporated area will be benefited by the availability of the Authority PACE Program to finance
the installation of the Improvements.
SECTION 2. This City Council consents to inclusion in the Authority PACE Program
of all of the properties in the jurisdictional boundaries of the City and to the Improvements, upon
the request by and voluntary agreement of owners of such properties, in compliance with the
laws, rules and regulations applicable to such program; and to the assumption of jurisdiction
thereover by Authority for the purposes thereof.
SECTION 3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting
and enforcement of the contractual assessments to finance the Improvements and the issuance
and enforcement of bonds to represent such contractual assessments.
SECTION 4. This City Council hereby approves joining the JPA as an Associate
Member and authorizes the execution by appropriate City officials of any necessary documents
to effectuate such membership.
SECTION 5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority PACE Program within the City, and report back periodically
to this City Council on the success of such program.
SECTION 6. This Resolution shall take effect immediately upon its adoption. The City
Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority.
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On motion by Council Member __________________ and seconded by Council Member
__________________, the foregoing Resolution in 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
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Exhibit A
JPA Agreement
[to be inserted]
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CALIFORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated December 10, 2014)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(“Agreement”) is entered into by and among the counties listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as "Members" with the
respective powers, privileges and restrictions provided herein.
RECITALS
A. WHEREAS, the California Rural Home Mortgage Finance Authority (“CRHMFA”) was
created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise
of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the “Act”). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The
most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agreement, including the renaming of the
joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to finance the construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers
authority to exercise their respective powers for the purpose of financing the construction,
acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority
as authorized by the Act.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless the context otherwise requires, the following terms shall for purposes of this
Agreement have the meanings specified below:
"Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos
Local Bond Pooling Act of 1985, as amended.
"Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it
may from time to time be amended as provided herein.
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"Associate Member" means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
(“RCRC”), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
“Audit Committee” means a committee made up of the nine-member Executive
Committee.
"Authority" means California Home Finance Authority (“CHF”), formerly known as
CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority.
"Board" means the governing board of the Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term "Bonds" under the Act.
“Delegate” means the Supervisor designated by the governing board of each Member to
serve on the Board of the Authority.
“Executive Committee” means the nine-member Executive Committee of the Board
established pursuant to Section 10 hereof.
"Member" means any county which is a member of RCRC, has executed this Agreement
and has become a member of the Authority.
“Obligations” means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the Act.
“Program” or “Project” means any work, improvement, program, project or service
undertaken by the Authority.
"Rural County Representatives of California" or “RCRC” means the nonprofit entity
incorporated under that name in the State of California.
“Supervisor” means an elected County Supervisor from an RCRC member county.
2. Purpose
The purpose of the Authority is to provide financing for the acquisition, construction, ,
improvement and rehabilitation of real property in accordance with applicable provisions of law
for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides
for the joint exercise of powers common to any of its Members and Associate Members as
provided herein, or otherwise authorized by the Act and other applicable laws, including assisting
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in financing as authorized herein, jointly exercised in the manner set forth herein.
3. Principal Place of Business
The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento,
California 95814.
4. Creation of Authority; Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall be a public entity separate and distinct from the Members or Associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed with the office of the Secretary of State of California in a timely fashion in
the manner set forth in Section 6503.3 of the Act.
c. A county that is a member of RCRC may petition to become a member of the
Authority by submitting to the Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement. The Board shall review the petition for membership
and shall vote to approve or disapprove the petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority.
d. An Associate Member may be added to the Authority upon the affirmative
approval of its respective governing board and pursuant to action by the Authority Board upon
such terms and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms and conditions, and rights, privileges and
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of the Authority as determined by the Board, but shall not be
voting members of the Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as provided by resolution of
the Board and as amended from time to time by the Board. Changes in the terms and conditions
for Associate Membership by the Board will not constitute an amendment of this Agreement.
5. Term and Termination of Powers
This Agreement shall become effective from the date hereof until the earlier of the time
when all Bonds and any interest thereon shall have been paid in full, or provision for such
payment shall have been made, or when the Authority shall no longer own or hold any interest in a
public capital improvement or program. The Authority shall continue to exercise the powers
herein conferred upon it until termination of this Agreement, except that if any Bonds are issued
and delivered, in no event shall the exercise of the powers herein granted be terminated until all
Bonds so issued and delivered and the interest thereon shall have been paid or provision for such
payment shall have been made and any other debt incurred with respect to any other financing
program established or administered by the Authority has been repaid in full and is no longer
outstanding.
6. Powers; Restriction upon Exercise
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a. To effectuate its purpose, the Authority shall have the power to exercise any and all
powers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all such powers. The powers
of the Authority are limited to those of a general law county.
b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the activities of the Authority as it deems necessary
or desirable to accomplish its purpose.
c. The Authority shall have the power to finance the construction, acquisition,
improvement and rehabilitation of real property, including the power to purchase, with the
amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by
any of its Members or Associate Members and other local agencies at public or negotiated sale, for
the purpose set forth herein and in accordance with the Act. All or any part of such bonds so
purchased may be held by the Authority or resold to public or private purchasers at public or
negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale
contemplated herein as it deems necessary or convenient and in furtherance of the Act. The
Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its
property or revenues as security to the extent permitted by resolution of the Board under any
applicable provision of law. The Authority may issue Bonds in accordance with the Act in order
to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act,
and to secure such debt, to further such purpose. The Authority may utilize other forms of capital,
including, but not limited to, the Authority’s internal resources, capital markets and other forms of
private capital investment authorized by the Act..
d. The Authority is hereby authorized to do all acts necessary for the exercise of its
powers, including, but not limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
building, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving gifts, contributions and donations of property, funds, services and
any other forms of assistance from persons, firms, corporations or
governmental entities,
(7) suing and being sued in its own name, and litigating or settling any suits or
claims,
(8) doing any and all things necessary or convenient to the exercise of its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to finance and refinance the
acquisition, installation and improvement of energy efficiency, water
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conservation and renewable energy improvements to or on real property
and in buildings. The Authority may enter into one or more agreements,
including without limitation, participation agreements and implementation
agreements to implement such programs.
e. Subject to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have the power to invest any of its funds
as the Board deems advisable, in the same manner and upon the same conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
f. All property, equipment, supplies, funds and records of the Authority shall be
owned by the Authority, except as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest and premium thereon, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shall be payable solely from the moneys pledged to the repayment of principal or
interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds are issued. Neither the Members or Associate
Members nor the Authority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other costs incidental thereto, except from the revenues and funds
pledged therefor, and neither the faith and credit nor the taxing power of the Members or
Associate Members or the Authority shall be pledged to the payment of the principal of or
premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment. No covenant
or agreement contained in any Bond shall be deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither
the Board nor any officer thereof executing the Bonds or any document related thereto shall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
7. Governing Board
a. The Board shall consist of the number of Delegates equal to one representative
from each Member.
b. The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on the Board. A Member’s appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be effective until he or she is replaced
by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing
body of the Member in the same manner provided in this paragraph b..
c. The governing body of each Member of the Board shall appoint a Supervisor as an
alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the
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rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may have more than one vote at any meeting of the Board, and any Member’s designation of an
alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the
governing body of the Member in the same manner provided in this paragraph c..
d. Any person who is not a member of the governing body of a Member and who
attends a meeting on behalf of such Member may not vote or be counted toward a quorum but
may, at the discretion of the Chair, participate in open meetings he or she attends.
e. Each Associate Member may designate a non-voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
f. Delegates shall not receive compensation for serving as Delegates, but may claim
and receive reimbursement for expenses actually incurred in connection with such service
pursuant to rules approved by the Board and subject to the availability of funds.
g. The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more Delegates, officers or agents of the
Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in the name and on behalf of the Board or the Authority.
h. The Board may establish such committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of the
Board or the Authority.
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
a. The Board shall meet at least once annually, but may meet more frequently upon
call of any officer or as provided by resolution of the Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of
Division 2 of Title 5 of the Government Code of the State of California.
c. The Secretary of the Authority shall cause minutes of all meetings of the Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of the number of current
Delegates shall constitute a quorum for transacting business at any meeting of the Board, except
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that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote.
e. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among the Delegates at the
Board’s annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of the Board and perform such other duties as may
be specified by resolution of the Board. The vice chair shall perform such duties in the absence or
in the event of the unavailability of the chair.
b. The Board shall contract annually with RCRC to administer the Agreement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of the Authority, unless prior Board approval is required by a third
party, by law or by Board specification, and to perform other duties specified by the Board. The
Executive Director may appoint such other officers as may be required for the orderly conduct of
the Authority’s business and affairs who shall serve at the pleasure of the Executive Director.
Subject to the applicable provisions of any indenture or resolution providing for a trustee or other
fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority’s
funds, from whatever source, and, as such, shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers,
duties and responsibilities specified in Section 6505.5 of the Act.
c. The Legislative Advocate for the Authority shall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of the Authority, and a bond for such officer in the amount of at least one
hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and
filed with the Executive Director. Such bond may secure the faithful performance of such
officer’s duties with respect to another public office if such bond in at least the same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be made of the Authority’s books by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
e. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
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The Authority shall appoint nine (9) members of its Board to serve on an Executive
Committee.
b. Powers and Limitations
The Executive Committee shall act in an advisory capacity and make
recommendations to the Authority Board. Duties will include, but not be limited to, review of the
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement; and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
c. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with the law.
12. Agreement Not Exclusive; Operation in Jurisdiction of Member
This Agreement shall not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to issue
other obligations for those purposes. This Agreement shall not be deemed to amend or alter the
terms of other agreements among the Members or Associate Members.
13. Conflict of Interest Code
The Authority shall by resolution adopt a Conflict of Interest Code as required by law.
14. Contributions and Advances
Contributions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any other public agency to
further the purpose of this Agreement. Payment of public funds may be made to defray the cost of
any contribution. Any advance may be made subject to repayment, and in that case shall be repaid
in the manner agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January 1 of each year to
and including the following December 31, except for any partial fiscal year resulting from a change
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in accounting based on a different fiscal year previously.
b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the
succeeding fiscal year.
c. The Authority shall establish and maintain such funds and accounts as may be
required by generally accepted accounting principles. The books and records of the Authority are
public records and shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the State of California, and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant, a report thereof shall be filed as a public
record with each Member (and also with the auditor of Sacramento County as the county in which
the Authority’s office is located) within 12 months after the end of the fiscal year.
e. In any year in which the annual budget of the Authority does not exceed five
thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the
annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
the performance of all covenants hereof. Each Member or Associate Member hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or Associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of the remedies given to the Authority hereunder or by any la w now or
hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, the Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the Authority and, in the case of a criminal
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proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a like position would use under similar circumstances.
18. Immunities
All of the privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to the
activity of officers, agents or employees of any of the Members or Associate Members when
performing their respective functions, shall apply to them to the same degree and extent while
engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or
while engaged in the performance of any of their functions or duties under the provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment may be initiated
by the Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of the proposed change, shall be given by the Board to each Member’s Delegate for
presentation and action by each Member's board within 60 days, which time may be extended by
the Board.
The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn
Members without requiring formal amendment of the Agreement by the Authority Board of
Directors.
20. Withdrawal of Member or Associate Member
If a Member withdraws as member of RCRC, its membership in the Authority shall
automatically terminate. A Member or Associate Member may withdraw from this Agreement
upon written notice to the Board; provided however, that no such withdrawal shall result in the
dissolution of the Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted
by the Member's governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Member from
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
20. Miscellaneous
a. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
b. Construction. The section headings herein are for convenience only and are not to
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be construed as modifying or governing the language in the section referred to.
c. Approvals. Wherever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
d. Jurisdiction; Venue. This Agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed; any action to enforce or interpret its
terms shall be brought in Sacramento County, California.
e. Integration. This Agreement is the complete and exclusive statement of the
agreement among the parties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the parties relating to the subject matter of this Agreement.
f. Successors; Assignment. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties hereto. Except to the extent expressly provided herein,
no Member may assign any right or obligation hereunder without the consent of the Board.
g. Severability. Should any part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions
hereof shall not be affected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
AS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18, 2002
Amended and restated January 28, 2004
Amended and restated December 10, 2014
[SIGNATURES ON FOLLOWING PAGES]
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SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS
NAME OF COUNTY OR CITY:
Dated:
By:
Name:
Title:
Attest:
By
[Clerk of the Board Supervisors or City Clerk]
AFTER EXECUTION, PLEASE SEND TO:
YGRENE ENERGY FUND
ATTN: LEGAL DEPARTMENT
815 5TH STREET
SANTA ROSA CA 95404
82671.00000\9603861.1
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ATTACHMENT 1
CALIFORNIA HOME FINANCE AUTHORITY MEMBERS
As of December 10, 2014
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
El Dorado County
Glenn County
Humboldt County
Imperial County
Inyo County
Lake County
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plumas County
San Benito County
Shasta County
Sierra County
Siskiyou County
Sutter County
Tehama County
Trinity County
Tuolumne County
Yolo County
Yuba County
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Atascadero City Council
Office of the City Clerk
Consideration of Ballot Measure for
Appointive City Clerk and City Treasurer
RECOMMENDATION:
Council direct the City Clerk to bring back to the Council in June 2016, the Resolution
required for placing a ballot measure on the ballot for the General Municipal Election to
be held on Tuesday, November 8, 2016 , asking voters “Shall the City Clerk and City
Treasurer be appointive?”
DISCUSSION:
Background: The City Clerk and City Treasurer positions have been elected positions
since the City was incorporated in 1979 as per State Code §36502. Initially, Atascadero
was unaware of this fact, and appointed residents to these two positions. Once the
error was realized in 1980, the first Atascadero City Council decided to place a ballot
measure on the November 1980 ballot asking the voters if they want these positions to
be appointed, as required by State Code §36508. The ballot measure failed, the people
originally appointed to the positions continued to serve until the end of their terms, and
the City placed the positions on the General Election Ballot of April 1982. These
positions have remained elected from then on.
The City Clerk and the City Treasurer each currently re ceive a $200 monthly stipend
(set to increase to $400 in January 2017) and full health benefits. Each position, if they
take advantage of the health benefits, can result in a cost of up to approximately
$11,300 per position in 2016, and $14,800 per position in 2017 and forward.
City Clerk
The responsibilities of the elected City Clerk are enumerated in Atascadero’s Municipal
Code, Sections 2-6.01 - 2-6.04 (Attachment 1). To summarize, the elected City Clerk’s
duties include, but are not limited to:
Responsible for recording and maintaining a record of Council proceedings
Keep all ordinances and resolutions of the Council
Assure that records of the Council meetings and Council correspondence are
kept in such a manner that the information contained therein will be readily
accessible and open to the public
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Be the custodian of the seal of the City
Administer oaths
Take affidavits and depositions
Certify copies of official records
Conduct elections
Responsible for publication of official notices of the City
Receive all claims filed against the City
Assist the City Manager in the preparation of the Council agenda
Assure compliance with directives, administrative procedures or policies
City Treasurer
The City Treasurer’s responsibilities are enumerated in Atascadero’s Municipal Code,
Sections 2-7.01 – 2-7.05 (Attachment 2). The Treasurer’s activities are coordinated
with the Administrative Services Director to assure availability of funds in response to
demands for payment against City financial resources. To summarize, the elected City
Treasurer’s duties include, but are not limited to:
Receive and safely keep all public fund s coming into his or her hands as
treasurer, and to comply with all laws governing the deposit and securing of
public funds and the handling of trust funds in his or her possession
Investment of the City’s uncommitted funds consistent with Council policy
Member of the Finance Committee, which makes recommendations to the
Council regarding financial issues
Discussion:
The City Clerk in Atascadero has also been a full-time employee in the City Manager’s
office for 25 years. Before 1989, this was not the case, except for the first few years
when the City Manager held the title. Therefore, for the last 25 years, our community
has had what has felt like a “full-time” City Clerk when in actuality, the City Manager’s
office staff conducts many of the City Cle rk tasks. Atascadero’s current City Clerk,
Marcia Torgerson, retired from her full-time position as Deputy City Manager after 18
years of service in December 2015, and continues to serve as the elected City Clerk.
Her term expires in December 2018.
Staff believes that the City Treasurer in Atascadero has never been a City employee.
The current City Treasurer, Gere Sibbach, also has a term that will expire in December
2018.
Analysis: Under State law, the only qualifications needed to serve in these e lected
positions are to be at least 18 years of age, a resident of Atascadero, and a registered
voter of Atascadero. The City is prohibited from establishing any other requirements.
The elected City Clerk’s role has expanded and evolved over time and is more involved
and complex than the basic duties set forth in the Government Code. The position has
become very technical and requires a high level of expertise, training and certifica tions.
Over the last 20 years, the State has also delegated many of their duties, in particular
the filing obligations for the State’s Fair Political Practices Commission, to the City
Clerks of California. Similarly, the laws, regulations and management systems required
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to successfully carry out the responsibilities of the City Treasurer have also evolved
over time.
These positions require individuals to be current and well versed with highly technical
professional standards, laws, regulations, and management systems. While the current
City Clerk and City Treasurer professionally perform their responsibilities, there is no
guarantee that any future holder of these positions would have the necessary
qualifications and experience, since the only requiremen ts for the positions are to be a
registered voter and resident of the City of Atascadero. When these positions become
vacant at some point in the future, it will likely be difficult to find qualified individuals
available to run for these positions in a community the size of Atascadero. The trend
among cities across California is towards establishing professional standards for the
positions of City Clerk and City Treasurer and hiring based on experience and
credentials rather than through a general election process.
In 2010, the San Luis Obispo County Grand Jury interviewed all City Clerks and
Treasurers, researched city policies and procedures, and released a report titled,
“Electing City Treasurers and Clerk: Wise or Otherwise?” In this report the Gr and Jury
concluded:
Atascadero could benefit from having appointed City Treasurers.
There is continued risk of electing treasurers who can win office with a political
agenda and no qualifications.
Health benefits alone may be sufficient to attract unqualif ied persons to run for
these positions.
Many cities have changed to appointed City Clerks and City Treasurers because they
have experienced a reluctance of any individuals even willing to run for the positions. In
San Luis Obispo County, Atascadero and P aso Robles are the only two cities that
continue to have an elected City Clerk and Treasurer. The trend of cities throughout the
State has been to convert to the use of appointive rather than elected City Clerks and
City Treasurers. Staff researched this issue and found that as of 2015, out of the 482
cities in California, 350 have an appointed City Clerk (73%) and 317 have an appointed
City Treasurer (66%).
Atascadero’s current City Clerk and City Treasurer are recommending to the City
Council to consider placing a ballot measure on the ballot for the General Municipal
Election to be held on Tuesday, November 8, 2016, asking voters “Shall the City Clerk
and/or City Treasurer be appointive?” In the future, making these positions appointive
will:
Help ensure the City is able to appoint individuals to the positions of City Clerk
and City Treasurer that possess the necessary qualifications and expertise.
Eliminate the potential for individuals to be elected to these positions that require
duties that they are unqualified to perform, which could cause serious problems
for the City.
Remove these positions from political pressures in performing their
responsibilities.
It is best to place this type of ballot measure on a ballot that does not include these
positions for election. If the City Council places the recommended ballot measures on
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the ballot this year, and they are successful, the change would be effective at the end of
the existing elected terms of the City Clerk and the City Treasurer, which is Dec ember
2018. If either of the current citizens holding these positions were to resign before
December 2018, the elected position would terminate and a new person could be
appointed.
State Code authorizes the City Council to submit to the voters the questi on of whether
or not to make these positions appointive:
Government Code §36508:
At any municipal election, or a special election held for that purpose, the city
council may submit to the electors the question whether the elective officers, or
any of them except council members, shall be appointed by the city council;
provided, however, that the city council shall not submit such question to the
electors more often than once in an 11-month period.
(Amended by Stats. 2010, Ch. 699, Sec. 11. Effective January 1, 2011.)
Government Code §36509:
The question shall be printed on the ballots used at the election substantially in
one of the following forms:
(a) “Shall the offices of city clerk and city treasurer be appointive?”; or
(b) “Shall the office of city clerk be appointive?”; or
(c) “Shall the office of city treasurer be appointive?”
The words “yes” and “no” shall be so printed on the ballots that the voters may
express their choice.
(Amended by Stats. 1957, Ch. 765.)
If a majority of voters approve making the positions appointive, Government Code
§36510 provides that the City Council can, by ordinance, delegate its appointment
authority to the City Manager:
Government Code §36510:
If a majority of the votes cast on the proposition is for it, the city council shall
appoint such officers at the expiration of the terms of the officers then in office,
and on a vacancy in any such office. Such officers shall hold office during the
pleasure of the city council and, notwithstanding Section 36502 to the contrary,
are not required to be residents or electors in the city. The city council may by
ordinance vest in the city manager its authority to appoint such officers.
(Amended by Stats. 1963, Ch. 509.)
Delegating appointment authority to the City Manager is recommended for the following
reasons:
1. Selection of the next City Clerk and City Treasurer would be handled with the
same selection process already used for other positions in the City to ensure a
qualified candidate is appointed.
2. Since the City Clerk is responsible for coordinating and conducting elections and
processing possible recalls, potential conflict situations that can occur when the
City Clerk is appointed by the City Council would be avoided.
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3. Supervision and performance evaluation would be provided most effectively
since most day to day direction and oversight is provided by the City Manager.
The cities in San Luis Obispo County address the appointment issue as follows:
CITY CLERK/TREASURER
ELECTED / APPOINTED BY
Arroyo Grande Both appointed by City Manager
Atascadero Both elected
Grover Beach Both appointed by City Manager
Morro Bay Both appointed by City Manager
Paso Robles Both elected
Pismo Beach Both appointed by City Manager
San Luis Obispo Both appointed by City Manager
Of particular note, the City of San Luis Obispo originally had the City Clerk appointed by
the City Council. Several years ago, they transferred appointment of the City Clerk from
the City Council to the City Manager through a Charter Amendment measure on the
ballot.
FISCAL IMPACT:
The addition of a ballot measure to the November 2016 ballot will be approximately
$3,000. If the ballot measure is successful, savings from the elimination of the stipends
and health benefit costs for these elected positions will be over $14,800 per position
annually.
ATTACHMENTS:
1. Atascadero Municipal Code, Sections 2-6.01 - 2-6.04
2. Atascadero Municipal Code, Sections 2-7.01 - 2-7.05
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ATTACHMENT: 1
Atascadero Municipal Code
Chapter 6 CITY CLERK
2-6.01 Creation and functions.
(a) The office of the City Clerk is established as provided by Section 36501 of the Government
Code of the State. The office shall be elected. The City Clerk shall have all of the powers, duties, and
responsibilities granted to or imposed upon the office of the City Clerk by the provisions of Chapter 2 of
Part 3 of Division 3 of Title 4 of the Government Code of the State (Sections 40801 and 40804), other
general laws of the State, the provisions of this Code, and the ordinances and resolutions of the Council;
provided, however, pursuant to the provisions of Sections 40805.5 and 37209 of the Government Code of
the State, the financial and accounting duties imposed upon the City Clerk by Sections 40802 through
40805 and 37201 through 37208 of the Government Code of the State shall be performed by the Finance
Director; and, further provided, that the ex officio assessor duties provided by Government Code Section
40810 shall be performed by County officers.
(b) The principal functions of the City Clerk shall be to:
(1) Be responsible for recording and maintaining a record of Council proceedings;
(2) Keep all ordinances and resolutions of the Council as required by Sections 40806 and 40807 of
the Government Code;
(3) Assure that records of Council meetings and Council correspondence are kept in such a manner
that the information contained therein will be readily accessible and open to the public until such time as
any of the records may be destroyed, or reproduced and the original thereof destroyed, in accordance with
State laws;
(4) Be the custodian of the seal of the City pursuant to Government Code Section 40811;
(5) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and
business of the City, and certify copies of the official records pursuant to Government Code Section
40814;
(6) Conduct elections as required by law;
(7) Be responsible for the publication of official notices of the City as required by Government
Code Section 36933;
(8) Receive all claims filed against the City and its officers, agents or employees pursuant to the
provisions of the Government Code of the State, Section 915 et seq.;
(9) Receive documents addressed to the City Clerk or City Council and immediately forward a
copy of each to the City Manager for presentation to the City Council in due course. The original of each
document shall remain with the City Clerk;
(10) Assure that all documents received by the City Clerk are provided to the City Manager in
sufficient time for that office to prepare and distribute City Council agenda;
(11) Assist the City Manager, as requested, in the preparation of the City Council agenda or such
other agenda as may from time to time be required;
(12) Assure compliance with directives, administrative procedures or policies as may be determined
by the City Manager which are not otherwise provided for by the State Government Code;
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(13) Advise, through the City Manager, interested parties of action taken by the City Council;
provided, however, that it shall be the responsibility of the City Manager to direct and control the actions
of reports requested of City personnel;
(14) Perform such other duties consistent with this Code as may be required of the office by the
Council. (Ord. 53 § 1, 1982; Ord. 48 § 2-4.101, 1982)
2-6.02 Administration of office: Appointment of deputies.
The City Clerk shall administer the office of the City Clerk and shall be responsible for the
successful performance of its function. The City Clerk may appoint deputies for whose acts he or she and
his or her bondspeople shall be responsible, but in doing so, shall not incur any indebtedness or liability
on behalf of the City except as authorized by the City Council. Such Deputy City Clerks, appointed ex
officio, shall have the power to exercise any duty imposed upon the City Clerk. (Ord. 48 § 2-4.102, 1982)
2-6.03 Bonding.
The City Clerk shall be required to execute the bonds necessary as required by the Council for the
performance of the duties of the office. (Ord. 48 § 2-4.103, 1982)
2-6.04 Compensation.
The City Clerk shall receive a salary of two hundred dollars ($200.00) a month through December
31, 2016. The City Clerk shall receive a salary of four hundred dollars ($400.00) per calendar month
commencing on January 1, 2017 and thereafter. (Ord. 591 § 4, 2015; Ord. 48 § 2-4.104, 1982)
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Atascadero Municipal Code
Chapter 7 CITY TREASURER
2-7.01 Creation and functions.
(a) The office of the City Treasurer is confirmed as provided in Sections 36501 and 36502 of the
Government Code of the State. The office shall be elected. The City Treasurer shall perform such duties
as are prescribed by Sections 41001 through 41007 of the Government Code of the State. The City
Treasurer shall perform such other duties consistent with this Code as may be required of him or her by
the Council.
(b) The principal functions of the City Treasurer shall be to receive and safely keep all public funds
coming into his or her hands as treasurer, and to comply with all laws governing the deposit and securing
of public funds and the handling of trust funds in his or her possession. (Ord. 564 § 1, 2012; Ord. 49 § 2-
5.201, 1982)
2-7.02 Deputies.
The City Treasurer may appoint deputies for whose acts he or she and his or her bondspeople are
responsible, but in doing so, shall not incur any indebtedness or liability on behalf of the City except as
authorized by the City Council. (Ord. 49 § 2-5.202, 1982)
2-7.03 Compensation.
The City Treasurer shall receive a salary of two hundred dollars ($200.00) a month through
December 31, 2016. The City Treasurer shall receive a salary of four hundred dollars ($400.00) per
calendar month commencing on January 1, 2017 and thereafter. (Ord. 591 § 5, 2015; Ord. 49 § 2-5.203,
1982)
2-7.04 Coordination with Director of Finance.
The City Treasurer shall coordinate his or her activities with the Director of Finance to assure
availability of funds in response to demands for payment against City financial resources. The City
Treasurer shall not withhold making available funds to the Finance Director for payment of materials,
equipment, goods or services duly authorized by the Council through the adopted budget or by Council
approval by ordinance, resolution or motion when requests for such funds are duly authorized and
presented by the Director of Finance. (Ord. 49 § 2-5.204, 1982)
2-7.05 Investment policy.
In addition to the requirements, duties and obligations imposed upon the City Treasurer by the State
Government Code concerning the investment of City moneys, the City Treasurer shall attempt to secure
the maximum rate of return on invested uncommitted City funds consistent with assuring availability of
funds to meet the City’s financial obligations and consistent with statutory investment limitations. In
order to assure compliance with this requirement, the City Treasurer shall closely coordinate the
investment of funds with the Director of Finance to assure the ability of the City to meet its obligations.
(Ord. 49 § 2-5.205, 1982)
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