HomeMy WebLinkAboutCC_2016-06-28_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 28, 2016
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
4. CLOSED SESSION – ADJOURNMENT
City Council Closed Session: 5:00 P.M.
Successor Agency to the Community
Redevelopment Agency of Atascadero
Special Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
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5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O’Malley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Moreno
Council Member Fonzi
Council Member Kelley
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the
titles of the ordinances will be read aloud by the City Clerk at the first reading,
after the motion and before the City Council votes.
PRESENTATIONS: None
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 – June 14, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the June 14, 2016 City Council meeting. [City Clerk]
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2. Measure F-14 Maintenance Project Construction Award
Fiscal Impact: The project is included in the adopted FY 2015-2017
budget and is funded with $223,780 in Measure F-14 Funding. An
additional appropriation of $17,960 from the Sales Tax Measure F -14
Projects Fund balance is necessary to cover potential project shortfalls ,
but the fund contains adequate reserves to cover the shortfall.
Recommendations: Council:
1. Award the bid in the amount of $203,430 for the Measure F -14
Pavement Management Program 2015/2016 Maintenance Project
to R. Burke Corporation; and
2. Authorize the City Manager to execute a contract with R. Burke
Corporation in the amount of $203,430 for the Measure F -14
Pavement Management Program 2015/2016 Maintenance Project;
and
3. Authorize the Director of Administrative of Services to appropriate
an additional $17,960 from the Sales Tax Measure F-14 Projects
Fund balance; and
4. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the
project. [Public Works]
3. Contract for Animal Care and Control Services / Fiscal Years 2017 - 2019
Fiscal Impact: The fiscal impact of approving this contract is $225,965 in
budgeted General Funds for the first year.
Recommendation: Council authorize the Mayor to execute a three-year
contract with the County of San Luis Obispo for the continued provision of
Animal Control Services from July 1, 2016 to June 30, 2019, in the amount
of $225,965 for the first year, with annual adjustments based on the
service levels provided to the City for each year thereafter. [Police]
4. Community Facilities District No. 2016-1/2055 El Camino Real (AT 09-0073)
Fiscal Impact: The Community Facilities District is designed to be fiscally
neutral to the City with each development within the district covering the
full cost associated with the maintenance of specified public
improvements.
Recommendations: Council:
1. Adopt Resolution A, adopting a boundary map showing the
boundaries of the territory proposed for the inclusion in proposed
Community Facilities District No. 2016-1(Maintenance Services);
and
2. Adopt Resolution B, declaring Council’s intention to establish
Community Facilities District No. 2016-1 (Maintenance Services) to
authorize the levy of a special tax therein to finance certain services
and ordering and directing the preparation of a Community
Facilities District Report for proposed Community Facilities District
No. 2016-1 (Maintenance Services). [Community Development]
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UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information ma y contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org)
B. PUBLIC HEARINGS:
1. Placement of Sewer Service Charges on the 2016-2017 Property Tax
Rolls
Ex-Parte Communications:
Fiscal Impact: The City will bill $1,896,726.43 in sanitation service
charges for Fiscal Year 2016-2017.
Recommendation: Council adopt the Draft Resolution placing sewer
service charges on the 2016-2017 property tax rolls. [Public Works]
C. MANAGEMENT REPORTS:
1. Final Map – AT 09-0073 (FMP 2016-0183)/2055 El Camino Real/Walmart
Stores, Inc. / Kimley - Horn
Fiscal Impact: None.
Recommendations: Council:
1. Adopt and approve Parcel Map AT 09-0073; and
2. Accept all Public Utility Easements shown on Parcel Map AT 09 -
0073; and
3. Accept, subject to improvement, all offers of dedication for
easement of public purposes shown on Parcel Map 09-0073; and
4. Accept irrevocable and perpetual offer of dedication easement for
public purposes for off-site improvements; and
5. Accept, subject to improvement, the offer of dedication for a
proposed public road (Gran Mercado Parkway) sho wn in Parcel
Map AT 09-0073; and
6. Authorize and direct the City Manager to enter into a subdivision
improvement agreement; and
7. Authorize and direct the City Clerk to endorse the City Council’s
approval of the map. [Community Development]
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2. San Luis Obispo County Self-Help Local Transportation Investment Plan
Fiscal Impact: There is no significant direct fiscal impact for the above
recommendations. If the SLOCOG ballot initiative is passed by the voters,
the City is estimated to receive $1.5 million annually or $13.4 million over
the nine-year term.
Recommendation: Council adopt the Draft Resolution approving the San
Luis Obispo County Self -Help Local Transportation Investment Plan.
[Public Works]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda . The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. SLO Council of Governments (SLOCOG)
4. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
3. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Fonzi
1. Air Pollution Control District
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
3. SLO Local Agency Formation Commission (LAFCo)
4. City of Atascadero Design Review Committee
5. 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
5. Integrated Waste Management Authority (IWMA)
Council Member Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
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E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the June 28, 2016 Regular Session of the Atascadero City Council was posted
on June 21, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was
available for public review at that location.
Signed this 21st day of June, 2016, at Atascadero, California.
Lori M. Kudzma, Deputy City Clerk
City of Atascadero
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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 items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open a nd
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 1 of 12
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, June 14, 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 5:01 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 (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero: conclusion of the City
Council Regular Session
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 2 of 12
Represented Professional and Management Workers and Confidential
Employees
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 6:03 p.m. and Council Member Sturtevant
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Sturtevant, Mayor Pro Tem Moreno, and
Mayor O’Malley
Absent: Council Member Kelley
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Gere
Sibbach
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, Fire
Chief Kurt Stone, City Attorney Brian Pierik, Deputy City Manager
Lara Christensen, and Deputy City Manager Terrie Banish.
APPROVAL OF AGENDA:
Mayor O’Malley stated he would like to move Item #C-3 to before the Public Hearing
section of the Agenda. Also, he asked the City Clerk to explain the additional
information included under the Approval of Agenda.
City Clerk Torgerson explained that the additional information will clarify the process
when the City Council is introducing an ordinance for first reading. Whenever the City
Council makes a motion to introduce an ordinance, and to waive the reading in full, the
City Clerk will read aloud the title of the ordinance before the City Council votes.
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 3 of 12
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to:
1. Move Item #C-3 to before the Public Hearings; and,
2. Approve this agenda as amended; and,
3. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud
by the City Clerk at the first reading, after the motion and
before the City Council votes.
Motion passed 4:0 by a roll-call vote.
PRESENTATIONS:
1. California Fire Fighter Joint Apprenticeship Committee (JAC) Award
presented by Fire Chief Kurt Stone
Chief Stone presented the Fire Medic award to Fire Engineer/Paramedic Christopher
Robinson.
2. Employee Recognition presented by City Manager Rachelle Rickard
The City Council presented the Commendation to Fire Chief Kurt Stone recognizing his
service to Atascadero.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – May 10, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the May 10, 2016 City Council meeting. [City Clerk]
2. City Council Draft Action Minutes – May 24, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the May 24, 2016 City Council meeting. [City Clerk]
3. April 2016 Accounts Payable and Payroll
Fiscal Impact: $1,698,317.75
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for April 2016. [Administrative
Services]
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 4 of 12
4. 2016-2017 Annual Spending Limit
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution establishing the
annual spending limit for fiscal year 2016-2017. [Administrative
Services]
5. Purchase of EKG Monitors
Fiscal Impact: The cost for the purchase of the five EKG cardiac monitors
will be $145,414 in donated funds from the Estate of Bertha Shultz.
Recommendations: Council:
1. Authorize the Director of Administrative Services to appropriate
$145,500 in donation funds from the Estate of Bertha Shultz for the
purchase of EKG monitors; and
2. Authorize the purchase of five new EKG Monitors from Physio
Control Inc. in the amount of $145,414, using the donation funds
from the Estate of Bertha Shultz. [Fire]
6. Atascadero Tourism Business Improvement District (ATBID) Board
Appointment of Three Board Members to Fill Vacancies
Fiscal Impact: None.
Recommendation: Council appoint Deana Alexander, Jiten Patel and
Amar Sohi to the ATBID Advisory Board, to fill the positions of those
members whose terms expire on June 30, 2016. [City Manager]
MOTION: By Mayor Pro Tem Moreno and seconded by Council Member
Sturtevant to approve the Consent Calendar.
Motion passed 4:0 by a roll-call vote. (#A-4: Resolution No.
2016-048)
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: Corey Giessinger (Exhibit A),
and Garth W ilwand.
Mayor O’Malley closed the COMMUNITY FORUM period.
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 5 of 12
C. MANAGEMENT REPORT:
3. Confirm the Appointment of the Interim Fire Chief Mike Hubert
Fiscal Impact: The appointment of the Interim Fire Chief position will not
exceed a period of six months; the associated salary of $75,000 for that
time period is included in the General Fund Fire Departmen t budget.
Recommendations: Council:
1. Authorize the City Manager to execute an Agreement with Chief Mike
Hubert to serve as Interim Fire Chief in accordance with the provisions
of Government Code 21221(h); and
2. Approve Draft Resolution appointing Michael Hubert to the position of
Interim Fire Chief. [City Manager]
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council.
PUBLIC COMMENT: None
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Moreno to:
1. Authorize the City Manager to execute an Agreement with
Chief Mike Hubert to serve as Interim Fire Chief in
accordance with the provisions of Government Code
21221(h); and
2. Approve Draft Resolution appointing Michael Hubert to the
position of Interim Fire Chief.
Motion passed 4:0 by a roll-call vote. (#1: Contract No. 2016-
012, #2: Resolution No. 2016-049)
B. PUBLIC HEARINGS:
1. Apple Valley Assessment Districts
Ex-Parte Communications:
Fiscal Impact: Annual assessments for 2016/2017 will total $28,000 for
road/drainage system maintenance and $70,000 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Apple Valley.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 01
(Apple Valley), and the levy and collection of annual assessments
related thereto for fiscal year 2016/2017; and
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2016/2017 for Street and Storm Drain
Maintenance District No. 01 (Apple Valley); and
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 6 of 12
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 01 (Apple
Valley), and the levy and collection of annual assessments related
thereto in fiscal year 2016/2017; and
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2016/2017 for Landscaping and
Lighting District No. 01 (Apple Valley.) [Administrative Services]
Ex Parte Communications - None
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to:
1. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain
Maintenance District No. 01 (Apple Valley), and the levy
and collection of annual assessments related thereto for
fiscal year 2016/2017; and
2. Adopt Draft Resolution B ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Street and Storm Drain Maintenance District No. 01
(Apple Valley); and
3. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District
No. 01 (Apple Valley), and the levy and collection of
annual assessments related thereto in fiscal year
2016/2017; and
4. Adopt Draft Resolution D ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Landscaping and Lighting District No. 01 (Apple Valley.)
Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2016-
050, #2: Resolution No. 2016-051, #3: Resolution No. 2016-052,
#4: Resolution No. 2016-053)
2. De Anza Estates Assessment Districts
Ex-Parte Communications:
Fiscal Impact: Annual assessments for 2016/2017 will total $40,090 for
road/drainage system maintenance and $15,875 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in De Anza Estates. The City General Fund will contribute $1,400
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 7 of 12
for the fiscal year 2016/2017 for half of the maintenance costs of the trails
and open space.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 03
(De Anza Estates), and the levy and collection of annual
assessments related thereto for fiscal year 2016/2017; and
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2016/2017 for Street and Storm Drain
Maintenance District No. 03 (De Anza Estates); and
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 03 (De Anza
Estates), and the levy and collection of annual assessments related
thereto in fiscal year 2016/2017; and
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2016/2017 for Landscaping and
Lighting District No. 03 (De Anza Estates.) [Administrative Services]
Ex Parte Communications - None
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Fonzi and seconded by Council Member
Sturtevant to:
1. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain
Maintenance District No. 03 (De Anza Estates), and the
levy and collection of annual assessments related
thereto for fiscal year 2016/2017; and
2. Adopt Draft Resolution B ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Street and Storm Drain Maintenance District No. 03 (De
Anza Estates); and
3. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District
No. 03 (De Anza Estates), and the levy and collection of
annual assessments related thereto in fiscal year
2016/2017; and
4. Adopt Draft Resolution D ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Landscaping and Lighting District No. 03 (De Anza
Estates.)
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 8 of 12
Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2016-
054, #2: Resolution No. 2016-055, #3: Resolution No. 2016-056,
#4: Resolution No. 2016-057)
3. Woodridge (Las Lomas) Assessment Districts
Ex-Parte Communications:
Fiscal Impact: Annual assessments for 2016/2017 will total $12,051 for
road/drainage system maintenance and $57,938 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Woodridge (Las Lomas).
Recommendations : Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 02 –
Woodridge (Las Lomas), and the levy and collection of annual
assessments related thereto for fiscal year 2016/2017; and
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2016/2017 for Street and Storm Drain
Maintenance District No. 02 – Woodridge (Las Lomas); and
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 02 –
Woodridge (Las Lomas), and the levy and collection of annual
assessments related thereto in fiscal year 2016/2017; and
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2016/2017 for Landscaping and
Lighting District No. 02 – Woodridge (Las Lomas.) [Administrative
Services]
Ex Parte Communications - None
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem Moreno and seconded by Council Member
Fonzi to:
1. Direct staff to send letters to property owners in this
District to memorialize the understanding on levy
amounts and capital improvements; and,
2. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain
Maintenance District No. 02 – Woodridge (Las Lomas),
and the levy and collection of annual assessments
related thereto for fiscal year 2016/2017; and
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ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 9 of 12
3. Adopt Draft Resolution B ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Street and Storm Drain Maintenance District No. 02 –
Woodridge (Las Lomas); and
4. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District
No. 02 – Woodridge (Las Lomas), and the levy and
collection of annual assessments related thereto in
fiscal year 2016/2017; and
5. Adopt Draft Resolution D ordering the levy and
collection of assessments for fiscal year 2016/2017 for
Landscaping and Lighting District No. 02 – Woodridge
(Las Lomas.)
Motion passed 4:0 by a roll-call vote. (#2: Resolution No. 2016-
058, #3: Resolution No. 2016-059, #4: Resolution No. 2016-060,
#5: Resolution No. 2016-061)
4. Downtown Parking & Business Improvement Area (PBIA) (FY 2016-17)
Confirmation of Annual Assessment
Ex-Parte Communications:
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution confirming the
annual assessment for the Downtown Parking & Business Improvement
Area (Fiscal Year 2016-2017) at $0.00. [City Manager]
Ex Parte Communications - None
Deputy City Manager Lara Christensen gave the staff report and answered questions
from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor O’Malley and seconded by Council Member
Sturtevant to adopt the Draft Resolution confirming the annual
assessment for the Downtown Parking & Business
Improvement Area (Fiscal Year 2016-2017) at $0.00.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2016-
062)
CC Page 16
ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 10 of 12
5. Atascadero Tourism Business Improvement District (ATBID) Fiscal Year
Confirmation of Annual Assessment
Ex-Parte Communications:
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution confirming the
annual assessment for the Atascadero Tourism Business Improvement
District, Fiscal Year 2016-17. [City Manager]
Mayor O’Malley announced that he would be stepping down on this item as he and his
wife own a bed and breakfast in Atascadero which creates a conflict of interest for him.
Ex Parte Communications - None
Deputy City Manager Terrie Banish gave the staff report and answered questions from
the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to adopt the Draft Resolution confirming the
annual assessment for the Atascadero Tourism Business
Improvement District, Fiscal Year 2016-17.
Motion passed 3:0 by a roll-call vote. (O’Malley abstained)
(Resolution No. 2016-063)
C. MANAGEMENT REPORTS:
4. City of Atascadero Marketing Plan Update 2015-16
Fiscal Impact: None.
Recommendation: Council receive and file marketing plan update.
[City Manager]
Deputy City Manager Terrie Banish introduced Chuck Davison, CEO of SLO County
Tourism, and members of Verdin Marketing, who each gave an update on their
marketing efforts to the Council.
Deputy City Manager Banish also gave an update on the City’s Marketing Plan and
answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Deana Alexander, and Linda Hendy.
Mayor O’Malley closed the Public Comment period.
CC Page 17
ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 11 of 12
The Council commended staff, offered a few suggestions,
and received and filed this report.
Mayor O’Malley recessed the meeting at 8:18 p.m.
Mayor O’Malley reconvened the meeting at 8:28 p.m.
5. General Municipal Election November 8, 2016
Fiscal Impact: The total estimate for the 2016 election including ballot
measures is $25,000 in budgeted General Funds.
Recommendations:
Council adopt the following Resolutions for the purpose of electing a
Mayor, two members to the City Council, and to submit ballot measures to
the voters asking “Shall the City Clerk and/or City Treasurer be
appointive?”:
1. Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 8,
2016 for the election of certain officers and for the submission to
the voters questions relating to city clerk and city trea surer
positions; and
2. Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 8, 2016; and
3. Draft Resolution C, setting priorities for filing written arguments
regarding the City measures and directing the City Attorney to
prepare an impartial analysis; and
4. Draft Resolution D, providing for the filing of rebuttal arguments for
City measures submitted at Municipal Elections. [City Clerk]
City Clerk Torgerson gave the staff report and answered questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Sturtevant and seconded by Mayor Pro
Tem Moreno to:
1. Adopt Draft Resolution A, calling and giving notice of
the holding of a General Municipal Election to be held
on Tuesday, November 8, 2016 for the election of certain
officers and for the submission to the voters questions
relating to city clerk and city treasurer positions; and
2. Adopt Draft Resolution B, requesting the Board of
Supervisors of the County of San Luis Obispo to
consolidate a General Municipal Election to be held on
November 8, 2016; and
3. Adopt Draft Resolution C, setting priorities for filing
written arguments regarding the City measures and
CC Page 18
ITEM NUMBER: A-1
DATE: 06/28/16
Atascadero City Council
June 14, 2016
Page 12 of 12
directing the City Attorney to prepare an impartial
analysis; and
4. Adopt Draft Resolution D, providing for the filing of
rebuttal arguments for City measures submitted at
Municipal Elections.
Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2016-
064, #2: Resolution No. 2016-065, #3: Resolution No. 2016-066,
#4: Resolution No. 2016-067)
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
City Manager
Fire Chief Stone’s Retirement open house will be open to the public. It is being
held at Fire Station 1 on Lewis Ave. on June 24 th from 1-6pm.
F. ADJOURN TO SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO MEETING
Mayor O’Malley adjourned the meeting at 8:59 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk
Exhibit A – Letters submitted by Corey Giessinger, Community Forum
CC Page 19
ITEM NUMBER: A-2
DATE: 06/28/16
Atascadero City Council
Staff Report – Public Works Department
Measure F-14 Maintenance Project Construction Award
RECOMMENDATIONS:
Council:
1. Award the bid in the amount of $203,430 for the Measure F-14 Pavement
Management Program 2015/2016 Maintenance Project to R. Burke Corporation;
and
2. Authorize the City Manager to execute a contract with R. Burke Corporation in
the amount of $203,430 for the Measure F-14 Pavement Management Program
2015/2016 Maintenance Project; and
3. Authorize the Director of Administrative of Services to appropriate an additional
$17,960 from the Sales Tax Measure F-14 Projects Fund balance; and
4. Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the project.
DISCUSSION:
Background:
Sales Tax Measure F-14 was approved by voters in November 2014, resulting in the
City sales tax rate increasing from 7.5% to 8% effective April 1, 2015. Measure E-14
was also approved by voters, which advises Measure F-14 monies be used primarily on
repair and maintenance of local roadways - defined generally as residential and
collector roadways. Each fiscal year roadways are included in the Sales Tax Measure
F-14 Budget, and are selected using the Critical Point M ethod within the City’s
Pavement Management Program.
CC Page 20
ITEM NUMBER: A-2
DATE: 06/28/16
The FY 2015/2016 F-14 Maintenance Project includes the following roadway segments:
Road Name From To Area (sf) Current PCI
Arena Road San Benito Road San Anselmo Road 76,419 55
Arena Road San Anselmo Road Yerba Ave 27,300 65
Castano Ave Curbaril Ave Palomar Ave 35,000 68
San Vicente Ave San Jacinto Ave North End 23,914 78
Yerba Ave Estrada Ave Dolores Ave 30,400 76
Attachment 1 shows the locations and segments of roadway work.
Public Works staff reviewed these five roadway segments to determine actual condition
and recommended maintenance measures. Additionally, the City hired Earth Systems
Pacific to complete roadway deflection testing, coring and provide pavement treatment
recommendations. Type II slurry seal treatment was recommended and will be used for
these road segments. In addition to slurry seal treatments, some minor roadway
reconstruction and drainage improvements are included, but are not a significant portion
of the overall work.
During construction some inconvenience is expected to vehicular and pedestrian traffic
along the roadway segments. The contractor will be required to prepare a traffic control
plan, and City staff will work with the contractor to minimize travel delays and
impediments to driveways. Property owners on each roadway segment will be notified
of the construction schedule prior to work beginning.
Analysis:
The project was advertised for a minimum of 30 days, starting May 13, 2016, with the
bid opening on June 15, 2016. Only one bid for $203,430 was received from R. Burke
Corporation. The bid was reviewed for accuracy and compliance with the City of
Atascadero bidding requirements and was determined to be responsive. In discussions
with local contractors, due to current heavy demand for slurry seal, interest in bidding
contracts is low. Additionally, this project is relatively small, and there are no dedicated
local slurry contractors.
The bid came in slightly higher than expected, however it was revi ewed by staff and
found to be reasonable. The Project is still expected to come in within budget; however,
it is the City’s practice to always insure that there is some contingency built into
budgeted project funds. (This allows staff to authorize necess ary adjustments and
work, if problems are encountered in the field during construction or if actual quantities
exceed projections.) With the higher than expected bid and the prudent contingency
funds included, staff is recommending adding an additional $17,960 in Measure F-14
Funds to the Project budget. While it is not anticipated that problems will be
encountered with the Project, this would allow staff to address any issues that arise
without stopping the Project to return to Council for authorization to proceed. As
always, all remaining unused budgeted funds (including unused contingency funds) at
the end of the Project remain as part of the fund balance and would be available f or
CC Page 21
ITEM NUMBER: A-2
DATE: 06/28/16
future Measure F-14 projects. Adequate funds exist in Measure F-14 funds to cover the
recommended additional appropriation.
Conclusion:
Staff recommends that the City Council authorize the City Manager to execute a
contract with R. Burke Corporation in the amount of $203,430 for construction of the
Measure F-14 2015/2016 Pavement Maintenance Project.
FISCAL IMPACT:
The project is included in the adopted FY 2015-2017 budget and is funded with
$223,780 in Measure F-14 Funding. An additional appropriation of $17,960 from the
Sales Tax Measure F-14 Projects Fund balance is necessary to cover potential project
shortfalls, but the fund contains adequate reserves to cover the shortfall.
Design and Bid Phase $ 7,800
Construction Contract 203,430
Staff / Inspection / Testing / Construction
Administration @ 5% 10,170
Contingency @ 10% 20,340
Total Estimated Expenditure: $ 241,740
Budgeted Measure F-14 Project Funds $ 223,780
Additional Appropriation of Measure F-14 Project
Funds 17,960
Total Funding Sources: $ 241,740
EXPENDITURES
PROPOSED FUNDING SOURCES
ALTERNATIVES:
Council may reject staff’s recommendation and direct staff to rebid the project with a
later completion date in an effort to receive more favorable bid proposals. However, this
is not guaranteed and issues with unfavorable weather become more likely later in the
year. In addition, this project includes 1.76 miles of roadway improvements that will be
evidence of Measure F-14 sale tax proceeds at work.
ATTACHMENTS:
1. Location Map
2. Bid Summary
CC Page 22
2015-2016 F-14 PMP MAINTENANCE
ATTACHMENT 1
STREET LOCATIONS
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1"=2000'
6/15/2016
RH
OF 1
ARENA RD. (WEST)
CASTANO AVE.
HW
Y
.
1
0
1
HWY. 41ARENA RD. (EAST)
YERBA AVE.
SAN VICENTE AVE.
ITEM NUMBER: A-2
DATE: 06/28/16
ATTACHMENT: 1
CC Page 23
TO: Public Works
FROM: Lori Kudzma, Deputy City Clerk
BID NO.: 2016-002
OPENED: 6/15/2016 @ 2:30PM
PROJECT: Measure F-14 PMP 2015/2016 Maintenance Projects
___1___BID WAS RECEIVED AND OPENED TODAY, AS FOLLOWS:
NAME OF BIDDER TOTAL BID
R. Burke Corporation $203,430.00
City of Atascadero
Office of the City Clerk
Bid Summary
ITEM NUMBER: A-2
DATE: 06/28/16
ATTACHMENT: 2
CC Page 24
ITEM NUMBER: A-3
DATE: 06/28/16
Atascadero City Council
Staff Report - Police Department
Contract for Animal Care and Control Services
Fiscal Years 2017 - 2019
RECOMMENDATION:
Council authorize the Mayor to execute a three-year contract with the County of San
Luis Obispo for the continued provision of Animal Control Services from July 1, 2016 to
June 30, 2019, in the amount of $225,965 for the first year, with annual adjustments
based on the service levels provided to the City for each year thereafter.
DISCUSSION:
For the past several years, the City of Atascadero has contracted with the County of
San Luis Obispo for the provision of animal care and control services. The Contract
includes: emergency and non-emergency response of Animal Services officers for
injured and stray animals; investigative service for animal bites, abuse and neglect;
sheltering and quarantine services; dog licensing; animal adoption; and other services
as required either by State law or City Municipal Code. The most recent contract
extension with the County will expire June 30, 2016. The Police Department
administers the contract on behalf of the City.
The prior contract renewal for fiscal years 201 3-2016 authorized the County to provide
animal control services to the City of Atascadero based on the initial cost of service
levels. The contract authorized yearly automatic cost adjustments based on the service
levels provided in four key facets of Animal Services operations; Field Service,
Licensing, Shelter Operations and Education Services.
In fiscal year 2015-2016, this service based adjustment resulted in a lower contract cost
for the City of Atascadero from the prior two years. The new contract reflects this
service based model for fee collection as prescribed in Exhibit B of the contract and has
resulted in a slight increase over the 2015-2016 service year.
CC Page 25
ITEM NUMBER: A-3
DATE: 06/28/16
FISCAL IMPACT:
The fiscal impact of approving this contract is $225,965 in budgeted General Funds for
the first year. Yearly adjustments based on service may result in either increases or
decreases to this amount in the following years. It is anticipated that costs will remain
somewhat stable based on the documentation of services provided during the prior
contract.
ALTERNATIVES:
1. Council could choose not to approve the Animal Services Contract with the
County. This would leave the City without the ability to provide such services and
without a viable in-house or contract alternative. Many of the services are
required by law. Therefore, staff does not recommend this alternative.
2. The Council could direct staff to negotiate different contract terms to increase or
decrease services and associated costs. Services as proposed in the contract
are necessary (and many are legally mandated) and the costs are reasonable.
Service reductions could possibly affect the quality of life for many residents of
the City of Atascadero and are therefore not recommended by staff .
ATTACHMENTS:
1. Contract for Animal Care and Control Services from July 1, 2016 to June 30,
2019 in the amount of $225,965 for the first year, and adjusted annually
thereafter.
CC Page 26
Page 1 of 2
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT is made and entered into by and between the County of San Luis Obispo, a
public entity in the State of California, (“County”) and, Atascadero, an incorporated city in the
State of California, (“City”).
WITNESSETH:
WHEREAS, County has established the Division of Animal Services to provide animal
care and control functions including the enforcement of the ordinances of San Luis Obispo
County Code Title 9 and of California state codes pertaining to the care, keeping, and
management of animals; and
WHEREAS, County, through Animal Services, maintains and operates an animal
shelter and a humane education program; and
WHEREAS, City is desirous of contracting with County for the provision of such
services;
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and
stipulations set forth herein, the parties hereby agree that County shall perform the services
described herein for the compensation set forth herein, subject to the terms and conditions set
forth herein.
1. Services. The parties agree to perform the services described in Exhibit A, attached
hereto and incorporated herein by reference as if set forth in full at this point.
2. Compensation. The parties agree to the compensation described in Exhibit B,
attached hereto and incorporated herein by reference as if set forth in full at this point.
3. Duration. The parties agree to the duration described in Exhibit C, attached hereto
and incorporated herein by reference as if set forth in full at this point.
4. General Conditions. The parties agree to the general conditions described in Exhibit
D, attached hereto and incorporated herein by reference as if set forth in full at this point.
5. Notices. Notices required in this contract shall be provided to:
COUNTY CITY
Eric Anderson, DVM Jerel Haley
Animal Services Manager Chief of Police
PO Box 4110 5505 El Camino Real
San Luis Obispo, CA 93406 Atascadero, CA 93422
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 27
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this agreement as of the date set
forth below.
CITY OF ATASCADERO
An Incorporated City in the State of California
By: _________________________________ ___________________________
TOM O'MALLEY Date
Mayor
ATTEST:
By: _________________________________ ___________________________
MARCIA TORGERSON Date
City Clerk
COUNTY COUNSEL:
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA NEAL County Counsel
By: _________________________________ ___________________________
DAVID STOTLAND Date
Deputy County Counsel
COUNTY OF SAN LUIS OBISPO
A Public Entity in the State of California
By: _________________________________ ___________________________
LYNN COMPTON Date
Chairman of the Board of Supervisors
ATTEST:
By: _________________________________ ___________________________
TOMMY GONG Date
County Clerk and Ex-Officio Clerk
of the Board of Supervisors
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 28
Exhibit A, Page 1 of 3
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A
SCOPE OF SERVICES
1) County Obligations. The County shall perform the following duties.
a) Shelter Services
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner
surrendered, confiscated, quarantined and custodially impounded household pets are
received and provided with appropriate care, housing, and shelter services in
accordance with state regulations, local ordinances, and policies governing the
humane treatment of such animals.
ii) Provide services allowing sheltered animals to be returned to their owners, adopted
into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports.
iv) Provide services for the humane euthanasia of household pets and for the disposal of
their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of local or
state codes pertaining to the care, keeping, treatment, and management of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day, seven
days a week:
(1) Domestic animals posing an active and present threat to public safety
(2) Domestic animals which are severely injured, ill, or in eminent risk and whose
owner is unknown or unavailable.
(3) Domestic or wild animal demonstrating signs of possible rabies infection.
(4) Calls for assistance from law enforcement or emergency response personnel.
(5) Reported animal bites where the animal remains in the area unconfined and whose
owner is unknown or unavailable.
(6) Loose livestock roaming on roadways or other public areas.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 29
Exhibit A, Page 2 of 3
iii) Provide for the response to any of the following during Animal Services’ normal
business hours:
(1) Pick-up and impoundment of unlimited numbers of stray confined, domestic
animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from
roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia
(4) Pick up of dead owned animals for disposal
iv) Provide for the necessary medical treatment and emergency care for domestic animals
picked up by Animal Services personnel and for those domestic animals presented
directly to veterinarians by private citizens and emergency response personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as well as
the subsequent quarantine of animals in accordance with state codes pertaining to
rabies control.
vi) Receive and respond to reports of animals, domestic or wild, which are suspected to
be rabid or to have been exposed to rabies infection and attempt to affect their
capture. Captured animals will be processed in accordance with state codes pertaining
to rabies control.
vii) Receive and process all applications related to the keeping and sale of household pets;
inspect and regulate permitted operations in accordance with local and state codes.
viii) Provide for the recording, investigation, administrative hearings, and issuance of
findings and orders related to animal nuisances, animal seizures or confiscations, and
dangerous or vicious animals. Nuisances which remain unresolved following the
issuance of an abatement order will be processed to court through the City Attorney’s
office.
ix) Assist in the preparation and filing of court documents related to the civil and/or
criminal prosecution of cases involving violation of municipal codes pertaining to the
care, treatment, and keeping of domestic animals.
x) Provide for the preparation, filing and civil or criminal prosecution of cases involving
violations of California state codes pertaining to the care, treatment, and keeping of
domestic animals.
c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting
field services, licensing, shelter operations, and humane education programs. Reports will
detail this information for both the individual quarter and year-to-date.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 30
Exhibit A, Page 3 of 3
2) City Obligations. The City shall perform the following duties.
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by
way of reference, animal control ordinances which are in conformity to and are not in
substantial conflict or in variation from Chapter 9 of the San Luis Obispo County Code.
b) Prosecution of Municipal Code Violations: Through the City Attorney, provide for the
preparation, filing and civil or criminal prosecution of cases involving violation of
municipal codes, pertaining to the care, treatment, and keeping of animals, including all
such codes incorporated into the municipal code by way of reference.
c) Assistance: Provide such assistance and support to Animal Services personnel as may be
reasonably necessary to safely and effectively execute the operations required by this
contract within the City limits.
3) Animal Care and Control Coordination Group: The County and City agree to meet and
confer periodically, along with other parties contracting for like services, to discuss current
issues as they relate to the fiscal and practical application of this contract. Such meetings
shall be coordinated by the Animal Services Manager from time to time as becomes
necessary, but no less than once annually.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 31
Exhibit B, Page 1 of 1
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B
COMPENSATION
1) First Year Service Fee: The City agrees to pay to the County the amount of $225,965 for
services provided under this Contract during the first year of service.
2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee
assessed to the City for services provided under this Contract.
3) Timing of Service Fee: The County shall calculate annual service fees and provided them to
the City prior to April 15th of each year, with service fees becoming effective on July 1st of
that year. No further action by either party is necessary to implement new fees in subsequent
years.
4) Service Fee Methodology: The County shall use a service based methodology for
determining city service fees. The service based methodology shall be based on four key
facets of Animal Services’ operations:
Field Service
Licensing
Shelter Operations
Education Services
a) Determination of Cost of Service – The cost of providing services to the City will be
calculated by determining the average percentage of service allocated to the City over the
preceding three years for each of the four facets of operations and multiplying this
percentage against Animal Services operational cost for each facet. Combined, this then
represents the City’s total service cost in proportion to the County and all other
contracting parties.
b) Credit for Fees – The average annual revenue generated from fees or fines assessed
directly to residents of the City by Animal Services over the preceding three years will be
applied against the City’s total service cost.
c) Determination of Service Fee – The fee assessed to the City for provision of services
outlined in this contract shall be determined by subtracting the average revenue as
determined by item 4b of this exhibit from the average cost of service as determined by
item 4a of this exhibit.
5) Billing – County shall bill City for contracted services in quarterly increments. City shall
remit payment to the County within thirty (30) days of receipt of billing.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 32
Exhibit C, page Page 1 of 1
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C
DURATION
1) Effective Date: This contract shall be effective July 1, 2016 or fifteen (15) days following of
the date of the signature of the County, whichever is later. The County shall be the last to
sign this contract.
2) Service Date: City and County acknowledge that the services provided under this contract are
a continuation of those established during the preceding contract term and that these services
may have been provided uninterruptedly between July 1, 2016 and the date of execution by
the County in order to ensure the interest of public service.
a) Both City and County expressly and retroactively authorize the provision of those
services.
b) For the purposes of billing and determination of the First Year Service Fee as provided in
Exhibit B, the first year of service will be presumed to have begun on July 1, 2016.
3) Duration: The term of this Contract shall expire June 30, 2019 unless terminated sooner as
provided in Exhibit D.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 33
Exhibit D, Page 1 of 3
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D
GENERAL CONDITIONS
1) Termination: Either party may terminate this contract at any time by giving the other party
thirty (30) days written notice of termination. Termination for convenience shall have no
effect upon the rights and obligations of the parties arising out of any services provided
occurring prior to the effective date of such termination. County shall be paid for all work
satisfactorily completed prior to the effective date of termination. In the event that the
contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit
to the County a prorated amount based upon the number of days of service relative to the
total number of days in the billing cycle.
2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or
obligations to, or rights in third parties not party to this contract, or affect the legal liability of
either party to contract, by imposing any standard of care respecting the regulation and
enforcement of laws regarding animals different from the standard of care imposed by law.
It is understood and agreed that neither City, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the County under or in connection with any work, authority or jurisdiction delegated
to the County under this Contract. It is also understood and agreed that pursuant to
Government Code 895.4, County shall defend, indemnify and save harmless the City, all
officers, and employees from all claims, suits or actions of every name, kind, and description
brought forth or on account of injuries or death of any person or damage to property resulting
from anything done or omitted to be done by the County under this Contract except as
otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or employee thereof, is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the City under or in connection with any work, authority or jurisdiction delegated to
the City under this Contract. It is also understood and agreed that pursuant to Government
Code Section 895.4, the City shall defend, indemnify and save harmless the County, all
officers and employees from all claims, suits or actions of every name, kind and description
brought fourth on account of injuries or death of any person or damage to property resulting
from anything done or omitted to be done by City under connection with any work, authority
or jurisdiction delegated to the City under this Agreement except as otherwise provided by
Statute.
3) Notices: Any notice, payment, statement, or demand required or permitted to be given
hereunder by either party to the other shall be effected by personal delivery in writing or by
mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
CC Page 34
Exhibit D, Page 2 of 3
appearing below, but each party may change its address by written notice in accordance with
this section. Mailed notices shall be deemed communicated as of three days after mailing.
Notices for County shall be addressed to:
Eric Anderson
Animal Services Manager
PO Box 4110
San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:
Jerel Haley
Chief of Police
5505 El Camino Real
Atascadero, CA 93422
4) Status of the Parties' Officers/Employees/Agents: Neither party's officers, employees,
agents, partners, other contractors or subcontractors shall be deemed to be employees of the
other party at any time. Nothing in this contract shall be construed as creating a civil service
employer- employee relationship or a joint venture relationship. No officer, employee, agent,
partner, other contractor or subcontractor of the other party shall be eligible for membership
in or any benefits from any plan for hospital, surgical, or medical insurance, or for
membership in any retirement program, paid vacation, paid sick leave, other leave, with or
without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service
Commission or any other benefits which inures to or accrues to an employee of the other
party. The only performance and rights due the other party are those specifically stated in this
contract.
5) Governing Law and Venue: This Contract shall be governed by and construed in accordance
with the laws of the State of California. Additionally, this contract has been formed and shall
be performed in San Luis Obispo County; the venue for any legal action on the contract shall
be in San Luis Obispo County.
6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties
relating to matters herein; and except as otherwise provided herein, cannot be modified
without the prior written agreement of the parties.
7) Severability: In case any one or more of the provisions contained in this Contract shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this Contract
shall be considered as if such invalid, illegal, or unenforceable provision had never been
contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and, except as
otherwise provided in this Contract, their assigns.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
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Exhibit D, Page 3 of 3
9) Captions: The captions to the various clauses of this Contract are for information purposes
only and shall not alter the substance of the terms and conditions of this Contract.
10) Authorization: Each of the parties represents and warrants to the other that this Contract has
been duly authorized by all necessary corporate or governmental action on the part of the
representing party and that this Contract is fully binding on such party.
ITEM NUMBER: A-3
DATE: 06/28/16
ATTACHMENT: 1
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Atascadero City Council
Staff Report – Community Development Department
Community Facilities District No. 2016-1
2055 El Camino Real (AT 09-0073)
RECOMMENDATIONS:
Council:
1. Adopt Resolution A, adopting a boundary map showing the boundaries of the
territory proposed for the inclusion in proposed Community Facilities District No.
2016-1 (Maintenance Services); and
2. Adopt Resolution B, declaring Council’s intention to establish Community
Facilities District No. 2016-1 (Maintenance Services) to authorize the levy of a
special tax therein to finance certain services and ordering and directing the
preparation of a Community Facilities District Report for proposed Community
Facilities District No. 2016-1 (Maintenance Services).
REPORT-IN-BRIEF:
The Del Rio Specific Plan (the “Specific Plan”), adopted on July 10, 2012, requires that
certain maintenance costs relating to improvements within the City right-of-way be
100% funded in perpetuity by the owners of each of the included development parcels.
This requirement applies to both the Walmart development as well as the Annex
development. Walmart has elected to satisfy the requirement through the establishment
of a Community Facilities District (CFD) which each year would levy a special tax to
provide reimbursement to the City for maintenance services of landscaping, lighting and
other public improvements.
The Walmart project will be the initial development establishing this new district it is
possible that the Annex commercial project on Del Rio Road may annex into this CFD in
the future. Required maintenance responsibilities of the development include:
Landscaped frontages within the right-of-way of all public streets
Street lighting within public rights-of-way in the Specific Plan area
Landscaping within center medians and the roundabout, including all public
streets within the Specific Plan area
Street sweeping along perimeter public streets
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Storm drain and catch basin maintenance
Graffiti abatement
In addition to the requirements of the Specific Plan, City ordinance requires all property
owners to maintain their street frontage, which includes the maintenance of curb, gutter,
and sidewalk as applicable. Maintenance services associated with these improvements
have been included in the proposed CFD.
DISCUSSION:
Background
Community Facilities District No. 2016-1 is being established as an annexable CFD to
provide an option to developers that have maintenance responsibilities within the public
right-of-way. With the formation of this district, the City, or their designated contractor,
would perform maintenance services for certain improvements within the right-of-way
that are the responsibility of the adjacent development/parcel as designated through
project entitlement or City ordinance. This district is similar to a Landscape and Lighting
District or a Benefit Assessment District but provides more flexibility regarding the
services to be provided and is less cumbersome to form and administer on an annual
basis.
Unless specifically conditioned on future entitlements, or unless required through
adopted City policy or ordinance, annexation into this district would remain a voluntary
option for developers who do not want to privately manage these maintenance services.
This district is being formed at the request of the Walmart development, but allows for
annexation by additional developments in the future. This district is only established for
maintenance costs associated with public improvements within a public right -of-way.
District Formation Process
Formation of a Community Facilities District is a multi-step process that requires a vote
of the registered voters or property owners within the district. Since there are fewer than
12 registered voters within the proposed boundaries of the CFD, the property owner is
required to vote on the formation of the CFD. This report includes two Resolutions. The
first Resolution (Draft Resolution A) adopts the boundary map for the District. The
boundary includes only the non-residential parcels within the Del Rio Specific Plan,
consistent with the conditions of approval of the Specific Plan .
The second Resolution (Draft Resolution B) is a notice of intent to establish a
community facilities district and authorizing the levy of a special tax. This resolution
describes the proposed services to be provided by the District, sets the proposed
special tax to be levied (Exhibit B- Rate and Method of Apportionment), sets August 9,
2016 as the date for the public hearing, explains the election requirements, and sets the
noticing requirements. Each of the property owners within the district has signed a
consent and waiver shortening the time frame for the election and public hearing. Draft
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Resolution B also orders the preparation of a Community Facilities District Report. The
report will describe the services to be financed by the special taxes, a gene ral cost
estimate and information regarding implementation of the Rate and Method of
Apportionment.
After these two resolutions have been adopted, the City will file the boundary map with
the County Recorder, and the City Clerk will distribute election ma terials to the
developers owning acreage within the boundaries of the CFD. On August 9, 2016, the
City Council will hold a public hearing establishing the district, authorizing the levy of the
special tax, approving the types and cost of services, and calling a special election. At
the August 9, 2016 meeting the Council will be asked to adopt a Resolution of
Formation, hold a special election, and determine the results of the election. The last
step in the process is to record the notice of special tax lien within 14 days following the
public hearing.
Conclusion
The Del Rio Area Specific Plan requires that the development fund in perpetuity the
maintenance associated with certain improvements within the City right-of-way. In
addition, City ordinance requires that property frontage improvements, including curb,
gutter, and sidewalk be maintained in perpetuity by the fronting development. Walmart
has elected to meet these requirements through the formation of a Community Facilities
District. This district will allow Walmart and other future developments to reimburse the
City for costs incurred to perform these services. If the district is not formed, Walmart
and future development projects will be required to privately fu nd and manage
maintenance activities within the City right-of-way.
FISCAL IMPACT:
The CFD is designed to be fiscally neutral to the City with each development within the
district covering the full cost associated with the maintenance of specified public
improvements.
ALTERNATIVES:
Require the developer to privately fund and manage maintenance of specified
improvements within the public right-of-way.
ATTACHMENTS:
1: Petition to Establish CFD No. 2016-1 (Maintenance Services)
2: Draft Resolution A – CFD No. 2016-1 (Maintenance Services) Boundary
3: Draft Resolution B – Resolution and Intent to Establish CFD No. 2016-1
(Maintenance Services)
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Attachment 1: Petition to Establish CFD No. 2016-1 (Maintenance Services)
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Attachment 2: Draft Resolution A – CFD No. 2016-1 (Maintenance Services) Boundary
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A BOUNDARY MAP
SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR
INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO.
2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO
WHEREAS, the City of Atascadero (the "City") desires to initiate proceedings to create
a community facilities district pursuant to the terms and provisions of 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, for the purpose of providing an alternative method
of financing certain municipal maintenance services necessary to serve new development within
such community facilities district; and
WHEREAS, such community facilities district shall hereinafter be designated as
Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero
("CFD No. 2016-1”); and
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed to be included in CFD No. 2016-1 including properties and parcels of land proposed to
be subject to the levy of the special tax by CFD No. 2016-1.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The map designated as "Proposed Boundary Map of Community Facilities
District No. 2016-1 (Maintenance Services), City of Atascadero, County of San Luis Obispo,
State of California" (the "CFD No. 2016-1 Boundary Map"), attached hereto as Exhibit A,
showing the boundaries of the territory proposed for inclusion in CFD No. 2016 -1 upon the
initial establishment of CFD No. 2016-1, including properties and parcels of land proposed to be
subject to the levy of the special tax by CFD No. 2016-1, is hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy
of the CFD No. 2016-1 Boundary Map, evidencing the date and adoption of this resolution, and
within fifteen (15) days after the adoption of the resolution fixing the time and place of the
hearing on the establishment or extent of CFD No. 2016-1, a copy of such map shall be filed
with the correct and proper endorsements thereon with the County Recorder, all in the manner
and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State
of California.
SECTION 4. This resolution shall become effective upon its adoption.
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On motion by Council Member ___________________and seconded by Council
Member___________________, the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
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EXHIBIT A
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Attachment 2: Draft Resolution B – Resolution of Intent to Establish CFD No. 2016-1 (Maintenance
Services)
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2016-1
(MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE
MAINTENANCE SERVICES
WHEREAS, the City of Atascadero (the “City”) at this time desires to initiate
proceedings to create a community facilities district pursuant to the terms and provisions of 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") for the purpose of providing an
alternative method of financing the municipal maintenance services necessary to serve new
development within such community facilities district; and
WHEREAS, this community facilities district shall hereinafter be referred to as
Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero
("CFD No. 2016-1"); and
WHEREAS, this City Council now desires to proceed to adopt its resolution of intention
to initiate proceedings for the establishment of CFD No. 2016-1 to set forth the boundaries for
CFD No. 2016-1, to indicate the type of services to be financed by CFD No. 2016-1, to indicate
the rate and apportionment of special tax sufficient to finance such services and to set a time and
place for a public hearing relating to the establishment of CFD No. 2016-1; and
WHEREAS, a map of CFD No. 2016-1 (the "Boundary Map") has been submitted to the
City Council showing the boundaries of the territory proposed for inclusion in CFD No. 2016 -1
upon the initial establishment of CFD No. 2016-1 including properties and parcels of land
proposed to be subject to the levy of the special tax by CFD No. 2016-1 and such map has been
adopted by resolution of the City Council.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City
Council pursuant to the authorization of Section 53318 of the Government Code of the State of
California and the other provisions of the Act.
SECTION 3. Boundaries of CFD No. 2016-1. It is the intention of this City Council to
establish CFD No. 2016-1 thereto pursuant to the provisions of the Act, and to determine the
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boundaries and parcels on which the special tax may be levied to finance the Authorized
Services (defined in Section 5 below). A description of the boundaries of the territory proposed
for inclusion in CFD No. 2016-1 thereto including properties and parcels of land proposed to be
subject to the levy of the special tax by CFD No. 2016-1 is as follows:
All that property as shown on the Boundary Map as previously
approved by this City Council, such map designated as "Proposed
Boundary Map of Community Facilities District No. 2016-1
(Maintenance Services), City of Atascadero, County of San Luis
Obispo, State of California” a copy of which is on file in the Office
of the City Clerk and shall remain open for public inspection.
SECTION 4. Name of the Community Facilities District. The name of the Community
Facilities District proposed to be established shall be known and designated as “Community
Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero.”
SECTION 5. Descriptions of Services and Determination of Necessity. It is the
intention of this City Council to finance maintenance services that will not be replacing services
already available within the boundaries of CFD No. 2016-1. A general description of such
services (collectively, the "Authorized Services"), whether provided directly by the City or by a
third party contracting with the City or CFD No. 2016-1, that may be financed is set forth in
Exhibit A attached hereto and incorporated herein by this reference.
The City Council finds that the Authorized Services described in this Section 5 hereof are
necessary to meet increased demands placed upon the City as a result of new development
occurring within the boundaries of the proposed CFD No. 2016-1.
The Authorized Services that are necessary to meet the certain demands placed upon the
City as the result of new development within CFD No. 2016-1 are set forth in Exhibit A (the
“Authorized Services”).
SECTION 6. Special Tax. It is hereby further proposed that, except where funds are
otherwise available, a special tax sufficient to finance the Authorized Services (the “Special
Tax”) and related incidental expenses authorized by the Act, secured by recordation of a
continuing lien against all non-exempt real property in CFD No. 2016-1, will be levied annually
within the boundaries of such CFD No. 2016-1 thereto. For further particulars as to the rate and
method of apportionment of the proposed Special Tax, reference is made to the attached and
incorporated Exhibit B (the “Rate and Method”), which sets forth in sufficient detail the rate and
method of apportionment of the Special Tax to allow each landowner or resident within proposed
CFD No. 2016-1 to clearly estimate the maximum amount of Special Tax that such person will
have to pay for the Authorized Services. The Special Tax may not be prepaid.
The Special Tax herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes or in such other manner as this City Council or its designee
shall determine, including direct billing of the affected property owners. Such Special Tax shall
be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as
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applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax
roll shall be collected through a direct billing procedure by the City.
Pursuant to Government Code Section 53340 and except as provided in Government
Code Section 53317.3, properties of entities of the state, federal, and local governments shall be
exempt from the levy of the Special Tax.
SECTION 7. Public Hearing. Notice is given that on August 09, 2016 at 6:00 pm, in the
regular meeting place of the City Council being 6500 Palma Avenue, Atascadero, Ca, a Public
Hearing will be held where this City Council will consider the establishment of the proposed
CFD No. 2016-1, the proposed Rate and Method of Apportionment of the Special Tax, and all
other matters as set forth in this Resolution of Intention. At the above -mentioned time and place
for public hearing any interested persons, including taxpayers and property owners may appear
and be heard. The testimony of all interested persons for or against the establishment of the
Community Facilities District, the extent of the Community Facilities District, or the financing
of Authorized Services, will be heard and considered. Any protests may be made orally or in
writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall
be in writing and clearly set forth the irregularities and defects to which the objection is made.
All written protests shall be filed with the City Clerk on or before the time fixed for the Public
Hearing. Written protests may be withdrawn in writing at any time before the conclusion of the
Public Hearing.
If a written majority protest against the establishment of CFD No. 2016-1 is filed, the
proceedings shall be abandoned. If such majority protest is limited to certain Authorized
Services, those services shall be eliminated by the City Council.
SECTION 8. Election. If, following the public hearing described in the Section above,
the City Council determines to establish CFD No. 2016-1 and proposes to levy the Special Tax
within CFD No. 2016-1, the City Council shall then submit the levy of the Special Tax to the
qualified electors of CFD No. 2016-1. If at least twelve (12) persons, who need not necessarily
be the same 12 persons, have been registered to vote within CFD No. 2016-1 for each of the
ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters
of CFD No. 206-1, with each voter having one (1) vote. Otherwise, the vote shall be by the
landowners of CFD No. 2016-1 who were the owners of record at the close of the subject
hearing, with each landowner or the authorized representative thereof, having one (1) vote for
each acre or portion of an acre of land owned within CFD No. 2016-1.
A successful election relating to the Special Tax authorization shall, as applicable,
establish the appropriations limit as authorized by Article XIIIB of the California Constitution as
it is applicable to CFD No. 2016-1.
SECTION 9. Notice of Public Hearing. Notice of the time and place of the public
hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing
in the legally designated newspaper of general circulation, such publication pursuant to Section
6061 of the Government Code, with such publication to be completed at least seven (7) days
prior to the date set for the public hearing.
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SECTION 10. Report. The City Manager, as the officer of the City who will be
responsible for providing the Authorized Services to be provided within and financed by CFD
No. 2016-1, if established, shall study or cause CFD No. 2016-1 to be studied, and, at or before
the time of the public hearing as described in Section 7, file a report or cause a report to be filed
with the City Council containing a brief description of the Authorized Services which will in her
opinion be required to adequately meet the needs of CFD No. 2016-1 thereto, and her estimate of
the fair and reasonable cost of providing such services, and the incidental expenses to be incurred
in connection therewith. Such report shall be made a part of the record of the hearing to be held
pursuant to Section 7 hereof.
SECTION 11. Effective Date. This resolution shall become effective upon its adoption.
On motion by Council Member ___________________and seconded by Council
Member___________________, the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED
CITY OF ATASCADERO
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
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Exhibit A
DESCRIPTION OF AUTHORIZED SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE
SERVICES)
The services which may be funded with proceeds of the special tax of CFD No.
2016-1, shall consist of services permitted by the Mello-Roos Community
Facilities Act of 1982, and may include, but shall not be limited to all costs attributable
to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may
include reserves for replacement) in public street right-of-ways, public landscaping,
public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and
open space, which maintenance and lighting services may include, without limitation,
furnishing of electrical power to street lights; repair and replacement of damaged or
inoperative light bulbs, fixtures and standards; maintenance (including irrigation and
replacement) of landscaping vegetation situated on or adjacent to parks, parkways,
streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair
of public structures situated on parks, parkways, streets, roads and open space;
maintenance and repair of playground or recreation program equipment or facilities
situated on any park; and
(b) maintenance and operation of water quality improvements which
include storm drainage and flood protection facilities, including, without limitation,
drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil
fuel filters, and similar facilities. Maintenance services may include but is not limited
to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal
of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant
facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements,
and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the
boundaries of CFD No. 2016-1; as well as local roads within residential subdivisions
located within CFD No. 2016-1; and any portions adjacent to the properties within
CFD No. 2016-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of
the special tax may be expended to pay “Administrative Expenses,” as said term is
defined in Exhibit B to this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD
No. 2016-1 or for the benefit of the properties within the boundaries of CFD No.
2016-1, and said services may be financed by proceeds of the special tax of CFD
No. 2016-1 only to the extent that they are in addition to those provided in the
territory of CFD No. 2016-1 before CFD No. 2016-1 was created.
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Exhibit B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES)
OF THE CITY OF ATASCADERO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s
Parcel (defined below) in Community Facilities District No. 2016 -1 (Maintenance
Services) (the “CFD No. 2016-1” or “CFD”; defined below), in each Fiscal Year, (defined
below), commencing in the Fiscal Year beginning July 1, 2016, in an amount
determined by the Council, acting ex officio as the legislative body of CFD No. 2016 -1,
by applying the rate and method of apportionment set forth below. All of the real
property in CFD No. 2016-1, unless exempted by law or by the provisions herein, shall
be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on
any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s
Parcel Map, the land area as shown on the applicable Final Map, or if the area is not
shown on the applicable Final Map, the land area shall be calculated by t he
Administrator.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being
chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or reasonably estimated costs
directly related to the formation and administration of CFD No. 2016 -1 including, but
not limited to: (i) the costs of computing the Special Tax and preparing the annual
Special Tax collection schedules (whether by the Administrator or designee thereof
or both); (ii) the costs to the City, CFD No. 2016 -1, or any designee thereof
associated with fulfilling the CFD No. 2016 -1 disclosure or mandatory reporting
requirements; (iii) the costs associated with responding to public inquiries regarding
the Special Tax; (iv) the costs of the City, CFD No. 2016-1 or any designee thereof
related to an appeal of the Special Tax; (v) and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City
employees and City overhead whose duties are related to the administration and
third party expenses. Administrative Expenses shall also include amounts estimated
or advanced by the City or CFD No. 2016 -1 for any other administrative purposes of
CFD No. 2016-1, including attorney's fees and other costs related to commencing
and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Atascadero, or his or her
designee.
“Assessor” means the Assessor of the County
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“Assessor’s Parcel(s)” means a lot or parcel of land that is identifiable by an
Assessor’s Parcel Number by the Assessor
“Assessor’s Parcel Map” means an official map of the Assessor designating
parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a
parcel by the Assessor.
“Boundary Map” means a recorded map of CFD No. 2016-1 which indicates the
boundaries of the CFD.
“Building Square Footage” or “BSF” means the floor area square footage
reflected on the original construction building permit issued for construction of a
building of Non-Residential Property and any Building Square Footage subsequently
added to a building of such Taxable Property after issuance of a building permit for
expansion or renovation of such building.
“CFD” or “CFD No. 2016-1” means the City of Atascadero Community Facilities
District No. 2016-1 (Maintenance Services).
“City” means the City of Atascadero.
“Council” means the City Council of the City.
“County” means the County of San Luis Obispo.
“Developed Property” means all Assessor’s Parcels of Taxable Property that (i)
are included in a Final Map that was recorded prior to January 1 immediately
preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building
permit for new construction was issued on or prior to May 1 preceding the Fiscal
Year in which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels designated as being exempt from
the Special Tax as provided for in Section F.
“Final Map” means a subdivision of property by recordation of a final map, parcel
map, or lot line adjustment, pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) or recordation of a condominium plan
pursuant to California Civil Code 4285 that creates individual lots for which building
permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and
including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section
B hereof to which an Assessor’s Parcel is assigned consistent with the land use
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approvals that have been received or proposed for the Assessor’s Parcel as of
March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means the Maximum Special Tax, as determined in
accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property within CFD No. 2016-1.
“Non-Residential Property” means all Assessor's Parcels of Taxable Property for
which a building permit(s) was issued for a non-residential use. The Administrator
shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that
the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for
all Assessor’s Parcels of Developed Property and (ii) Undeveloped Property that the
ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all
Assessor’s Parcels of Undeveloped Property.
“Service(s)” means services permitted under the Act including, without limitation,
those services authorized to be funded by CFD No. 20 16-1 as set forth in the
documents adopted by the Council at the time the CFD was formed.
“Special Tax” means the annual special tax to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs of CFD No. 2016 -1 in both the
current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the
direct costs for maintenance services including but not limited to (i) Services, (ii)
Administrative Expenses, and (iii) amounts to establish and/or maintain a reserve;
less (iv) a credit for funds available to reduce the Special Tax levy, if any, as
determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2016-1, which
are not Exempt Property.
“Taxable Unit” means Building Square Footage or Acre.
"Tract(s)" means an area of land within a subdivision identified by a particular tract
number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No.
2016-1 shall be classified as Developed Property or Undeveloped Property and shall
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ITEM NUMBER: A-4
DATE: 06/28/16
be subject to the levy of Special Taxes as determined pursuant to Section s C and D
below.
C. MAXIMUM SPECIAL TAX RATES
a. Developed Property
Maximum Special Tax
Each Fiscal Year, each Assessor’s Parcel of Developed Property shall be
subject to a Maximum Special Tax.
The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of
Developed Property is shown in Table 1 below:
TABLE 1
FISCAL YEAR 2016-17
MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY
Land Use Category
Taxable
Unit
Maximum
Special Tax
Non-Residential Property BSF $0.644
b. Undeveloped Property
Each Fiscal Year, each Assessor’s Parcel of Undeveloped Property shall be
subject to a Maximum Special Tax.
The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of
Undeveloped Property is shown in Table 2 below:
TABLE 2
FISCAL YEAR 2016-17
MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Land Use Category Taxable Unit
Maximum Special
Tax
Undeveloped Property Acre $4,707.07
c. Escalation of Maximum Special Taxes
On each May 1, commencing on May 1, 2017, the Maximum Special Tax for
Developed Property and Undeveloped Property for the subsequent Fiscal
Year shall increase by (i) the percentage increase in the San Luis Obispo -
Paso Robles Consumer Price Index, All Items (1982-84 = 100) for all Urban
Consumers (CPI-U), or (ii) by two percent (5.0%), whichever is greater.
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ITEM NUMBER: A-4
DATE: 06/28/16
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
Commencing with Fiscal Year 2016-17 and for each following Fiscal Year,
Administrator shall determine the Special Tax Requirement and shall levy the
Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate
amount of Special Tax equals the Special Tax Requirement. The Special Tax shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels
of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy
the Special Tax Requirement;
Second: If additional monies are needed to satisfy the Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied
Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of
the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax
Requirement.
E. TERM OF SPECIAL TAX
The Special Tax(es) shall be levied in perpetuity as long as the Services are being
provided.
F. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2016 -1, any Assessor’s
Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by any public
entity; (ii) Assessor’s Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement; (iii) Assessor’s
Parcels which are privately owned but are encumbered by or restricted solely for
public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public
function as determined by the Administrator, and (v) all parcels that are not classified
or are not to be classified as Non-Residential Property.
G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not
correct may file a written notice of appeal with the Administr ator not later than twelve
months after having paid the first installment of the Special Tax that is disputed. The
Administrator shall promptly review the appeal, and if necessary, meet with the
property owner, consider written and oral evidence regarding the amount of the
Special Tax, and rule on the appeal. If the representative’s decision requires that
the Special Tax for an Assessor’s Parcel be modified or changed in favor of the
property owner, a cash refund shall not be made, but an adjustment shall be made
to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
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ITEM NUMBER: A-4
DATE: 06/28/16
The Council may interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifying any ambiguity and make determinations relative to the amount
of Administrative Expenses.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2016-1 may
collect the Special Tax at a different time or in a different manner if necessary to
meet its financial obligations.
I. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2016 -1 from
time to time. As each annexation is proposed, an analysis will be prepared to
determine the annual cost for providing Services. Based on this analysis, the
property to be annexed, each annexation will be assigned a Rate and Method of
Apportionment and assigned the appropriate Maximum Special Tax rate for the
Annexation.
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ITEM NUMBER: B-1
DATE: 06/28/16
City Council Agenda Report
Staff Report – Public Works Department
Placement of Sewer Service Charges on the
2016-2017 Property Tax Rolls
RECOMMENDATION:
Council adopt the Draft Resolution placing sewer service charges on the 2016-2017
property tax rolls.
DISCUSSION:
The Atascadero Municipal Code provides for the collection of sewer service charges on
the general County tax bills. Charges have been collected in this manner since the
County Sanitation District was dissolved in 1984. The attached Resolution has been
prepared to accomplish the necessary collection through the 2016-2017 property tax
bills. There has been no increase in the sewer service rates. A Notice of Public Hearing
has been published noticing this action.
The relevant area of discussion during the public hearing is whether or not the property
owner is responsible for all or any portion of the sewer service charge that is listed on
Exhibit A of the Draft Resolution. Any questions or concerns received during the public
hearing should be referred to staff for resolution prior to submitting the charges to the
County Auditor by the July 18, 2016 deadline.
FISCAL IMPACT:
The City will bill $1,896,726.43 in sanitation service charges for Fiscal Year 2016-2017.
ATTACHMENT:
1. Draft Resolution
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ITEM NUMBER: B-1
DATE: 06/28/16
ATTACHMENT: 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO
THE 2016-2017 PROPERTY TAX ROLLS
WHEREAS, the City Council of the City of Atascadero (hereafter referred to as City
Council) has duly held a public hearing on June 28, 2016 concerning the addition of the 2016-
2017 service charges to the 2016-2017 property tax bills; and
WHEREAS, due notice was given to the public in accordance with Section 5470 et seq
of the Health and Safety Code; and
WHEREAS, at said hearing the attached report marked “Exhibit A” containing such
charges was duly received by said Council; and
WHEREAS, at said public hearing opportunity was given for filing objections and
protests and for presentation of testimony of other evidence concerning same; and
WHEREAS, it is in the public interest that this body adopt the charges and determine
and confirm the report presented at the hearing.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Atascadero:
SECTION 1. That the recitals set forth hereinabove are true, correct and valid.
SECTION 2. That the City Council hereby adopts the service charges set forth on the
attached report marked “Exhibit A” which is hereby expressly incorporated herein by reference
as though here fully set forth; and the City Council hereby determines and confirms the report
containing such charges as set forth in said “Exhibit A” and hereby further determines and
confirms that each and every service charge set forth in said report is true and accurate and is in
fact owed.
SECTION 3. That the charges as so confirmed and determined and adopted shall appear
as separate items on the tax bill of each parcel listed in said report, and such charges shall be
collected at the same time and in the same manner as ordinary County ad valorem taxes are
collected, and are subject to the same penalties in the same procedure and sale in case the
delinquency is provided for such taxes.
SECTION 4. The City Clerk shall file a certified copy of this resolution and said Exhibit
A with the County Auditor upon its adoption.
SECTION 5. This resolution is approved by at least a two-thirds vote of said Council.
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ITEM NUMBER: B-1
DATE: 06/28/16
ATTACHMENT: 1
On motion by Council Member _______________and seconded by Council Member
__________________, the foregoing resolution is hereby adopted in its entirety by the following
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: ______
Tom O’Malley, Mayor
ATTEST:
________
Marcia McClure Torgerson, C.M.C, City Clerk
APPROVED AS TO FORM:
________
Brian A. Pierik, City Attorney
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ITEM NUMBER: B-1
DATE: 06/28/16
ATTACHMENT: 1
EXHIBIT A
Due to the length of this document, it has not been reproduced as an attachment,
however, it may be reviewed in the office of the City Clerk.
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ITEM NUMBER: C-1
DATE: 06/28/16
Atascadero City Council
Staff Report – Community Development Department
Final Map - AT 09-0073 (FMP 2016-0183)
2055 El Camino Real
Walmart Stores, Inc / Kimley - Horn
RECOMMENDATIONS:
Council:
1. Adopt and approve Parcel Map AT 09-0073; and
2. Accept all Public Utility Easements shown on Parcel Map AT 09-0073; and
3. Accept, subject to improvement, all offers of dedication for easement of public
purposes shown on Parcel Map 09-0073; and
4. Accept irrevocable and perpetual offer of dedication easement for public
purposes for off-site improvements; and
5. Accept, subject to improvement, the offer of dedication for a proposed public
road (Gran Mercado Parkway) shown in Parcel Map AT 09-0073; and
6. Authorize the Mayor to enter into a Subdivision Improvement Agreement; and
7. Authorize and direct the City Clerk to endorse the City Council’s approval of the
map.
DISCUSSION:
Vesting Tentative Parcel Map AT09-0073 was approved by the City Council on July 10,
2012, as a part of the Del Rio Road Commercial Area Specific Plan (Exhibit A).
Specifically, this portion of the project is commonly known as the “Walmart” portion of
the project. Parcel Map AT 09-0073 merges 11 legal lots into four (4) lots. Parcel 1 is
the proposed location of the new Walmart Store, with Parcel 2 and Parcel 3 proposed
for additional commercial development. Parcel 4 is proposed to be developed as High
Density Residential (Exhibit B). At this time, no specific development has been identified
for Parcels 2 through 4. Parcel Map AT 09-0073 received one extension through a State
Legislation approval and is set to expire on July 10, 2016, if no further action is taken.
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DATE: 06/28/16
Acceptance of Parcel Map
Pursuant to California Government Code Section 66458 and Section 11-4.27 of the
Atascadero Municipal Code, the approving legislative body (City Council) shall accept a
parcel map when the map conforms to the approved tentative parcel map (Exhibit A)
and meets the requirements of the California Subdivision Map Act, the Atascadero
Municipal Code (AMC), and project conditions of approvals. The following items are
required for a complete map submittal:
The parcel Map has been determined to be in substantial conformance with the
approved Vesting Tentative Parcel Map (City Council Resolution No. 2012 -049)
by both the City Engineer / City Surveyor and the Community Development
Director;
The applicant (Walmart) has entered into an improvement agreement for
outstanding items including formation of CFD, removal of existing structures, haul
routes and other items consistent with City Council Resolution Nos. 2012 -046
and 2012-049;
The applicant will enter into a Subdivision Improvement Agreement with the City
for all off-site improvements required by the Vesting Tentative Parcel Map, and
City Council Resolution(s) approving said Vesting Tentative Parcel Map,
consistent with the Subdivision Map Act and Atascadero Municipal Code prior to
recordation;
The applicant will provide a financial security of approximately $5.1 million for
estimated public improvements consistent with the project approvals and
Subdivision Map Act prior to recordation;
The applicant will obtain a tax-bond from the San Luis Obispo County Recorder’s
Office prior to recordation by the San Luis Obispo County Clerk;
The applicant has authorized a Subdivision Guarantee be issued by applicant’s
title company;
The applicant has obtained offer of dedication for required rights -of-way
necessary for completion of off-site improvements to the intersection of Del Rio
Road / El Camino Real, consistent with project approvals;
The applicant has met the requirements of a complete parcel map.
Subdivision Improvement Agreement
Pursuant to California Government Code Section 66462(a), the City must enter into an
agreement with the applicant known as a Subdivision Improvement Agreement. This
agreement is required when an applicant has not satisfied all conditions of said Vesting
Tentative Parcel Map or completed the public improvements required by the Specific
Plan (City Council Resolution Nos. 2012-046 and 2012-049). Consistent with California
Government Code Section 66462(c), the City “shall require that the performance of the
agreement be guaranteed by [a] security”. With the acceptance of the map, the City will
enter into an agreement with Walmart and accept a financial security of $5,087,000 for
off-site public improvements that Walmart is required to construct as part of their project
approval. This security amount includes all line items identified in the Engineer’s Cost
estimate including but not limited to the following:
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Installation of a new traffic signal at El Camino Real and San Anselmo Road
Construction of a roundabout at El Camino Real and Del Rio Road
Installation of a new traffic signal at El Camino Real and Gran Mercado Parkway
(New Street)
Modification to a portion of El Camino Real including a new transit stop and
Class II bike lanes
Modification and widening of a portion of Del Rio Road between El Camino Real
and Rio Rita Street
10% inflation adjustment of probable costs
Additional 15% cost contingency overrun
20% Administration and overhead
In the event that the applicant cannot or does not complete the public improvements
required to serve the Project, the City may make a demand on the financial security
posted. The Subdivision Improvement Agreement sets forth the terms and conditions of
when the City may and may not make a demand upon the financial security. The City
may make demand on the financial security to construct the public improvements unless
there is an issue with the acquisition of land rights for those improvements; in which
event, the demand might only apply for improvements that have been started and not
completed.
The financial security, which may include a line of credit, bond, or other security
mechanism approved by the City, is consistent with California Government Code
Section 66499, which specifies types of securities, labor and materials, and amounts
that the City can include as a part of required financial security costs.
Improvement Agreement
City Council Resolution No. 2012-046, approval of the Specific Plan, contained a
condition that the applicant (Walmart Stores Inc.) enter into an Improvement Agreement
that identifies timing and funding of improvements, prior to the City Council acceptance
of the Final Map. The City Council, at its May 24, 2016, Council meeting directed the
City Manager to enter into a separate Improvement Agreement with the applicant
(Walmart Stores, Inc), as required by the Specific Plan. This agreement has been
executed by the applicant (Exhibit C).
Acceptance of Easements and Right-of-Way Dedications
Pursuant to California Government Code Section 66477.1(a), at the time the legislative
body approves a map, the legislative body is also required to accept, subject to
improvement, or reject on behalf of the public any real property offered for dedication for
public use in conformity with the terms of the offer of dedication. Parcel Map AT 09-
0073, includes offers for right-of-way dedication, and Public Utilities easements. Right-
of-way dedications and easements include the following:
Dedication of 60-feet of right-of-way for a new proposed public road (Gran
Mercado);
Dedication of additional right-of-way along El Camino Real and Del Rio Road
directly adjacent to the Walmart site to accommod ate improvements including
road widening, and intersection roundabout improvements;
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ITEM NUMBER: C-1
DATE: 06/28/16
Offer of dedication of easements for public purposes to a ccommodate
improvements including road widening and intersection roundabout
improvements that are considered “off-site” of the Walmart project. These
properties are located at the intersection of Del Rio Road and El Camino Real
along APNs 049-102-045 and 049-131-005;
Offer of 10-foot wide public utility easement adjacent to the offer of dedication
along El Camino Real / Del Rio Road / Gran Mercado Parkway (Exhibit D).
Typically, the City rejects, without prejudice, offers of dedication, particularly with n ew
rights-of-way. The City will accept the offers for dedication including the new public
road, subject to completion of improvements. The acceptance of the new public road is
consistent with City Council Resolution 2012-049 Condition #7. Formation of a
Community Facilities District (CFD), will off -set a portion of the additional maintenance
of this new collector road, specifically for the lighting and landscaping maintenance. The
cost of maintaining the road surface will be borne by the City. The applicant has applied
for CFD formation. Consistent with state law, a Resolution of Intent to form a new CFD
has been scheduled to go before the City Council on June 28, 2016. On August 9,
2016, the City Council will hold a public hearing establishing the district, authorizing the
levy of the special tax, approving the types and cost of services, and calling a special
election.
Conclusion
The applicant has met the requirements of a complete parcel map. City Staff is
requesting that the City Council take final action to accept the parcel map for
recordation at the County Clerk Recorder’s office concurrently with the Subdivision
Improvement Agreement, and offers of dedication.
FISCAL IMPACT: None
ATTACHMENTS:
A. Tentative Parcel Map 2009-0095
B. Final Map – AT 09-0073
C. Improvement Agreement
D. Offers of Dedication – MP Annex, LLC
E. Subdivision Improvement Agreement
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ITEM NUMBER: C-1
DATE: 06/28/16
Exhibit A
Tentative Parcel Map 2009-0095
Walmart Stores, INC
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Exhibit B
Final Map – AT 09-0073
Walmart Stores, INC
2055 El Camino Real
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Exhibit C
Improvement Agreement
Walmart Stores, INC
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Exhibit D
Offer of Dedication
Walmart Stores, INC / Annex MP, LLC
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1
W872-ATASCADERO -- 2413353.1
NO FEE DOCUMENT
Government Code § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ATASCADERO
6500 Palma Avenue
Atascadero, CA 93422
Attention: City Clerk
SUBDIVIS ION IMPROVEMENT AGREEMENT
Atascadero, CA
Store No. 4329-00
This Subdivision Improvement Agreement (“Agreement”) is made and entered into this ____
day of June, 2016, by and between the City of Atascadero, a municipal corporation, hereinafter
referred to as “Cit y,” and Wal-Mart Stores, Inc., a Delaware corporation, hereinafter referred to as
“Subdivider.”
RECITALS
A. Subdivider has presented to the City a parcel map or final map of a proposed
subdivision of land located within the corporate limits of the Cit y that has been prepared in
accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the
City, and the tentative map of the Subdivision previously approved by the City Council.
B. The proposed subdivision of land is commonly known and described as Parcel Map
AT 09-0073, and is hereinafter referred to as the “Subdivision” or the “Project.”
C. Subdivider has requested approval of the parcel map or final map prior to the
construction and completion of the public improvements, including, but not limited to streets,
highways, public ways, sidewalks, curbs, gutters, storm drainage facilities, street and traffic signal
lighting, public utilit y facilities, median and parkway landscaping and irrigation, design standards
which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision, and
other public improvements that are required b y the Subdivision Map Act, the Subdivision ordinances
of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if
an y, approved by the City. The foregoing improvements are hereinafter referred to as “the Required
Improvements,” as further described in Exhibit “A.”
NOW, THEREFORE, the parties agree as follows:
1. Performance of Work. Subdivider agrees to furnish, construct and install at
Subdivider’s own expense the Required Improvements as shown on the plans and specifications of the
Subdivision, a copy of which is on file in the office of the City Manager, and is incorporated herein b y
reference, along with any changes or modifications as may be required b y the City Manager or the
Exhibit E
Subdivision Improvement Agreement
CC Page 97
ITEM NUMBER: C-1
DATE: 06/28/16
2
W872-ATASCADERO -- 2413353.1
City Manager’s designee (hereinafter “Cit y Manager”) due to errors, omissions, or changes in
conditions. The plans and specifications of the Required Improvements may be modified b y the
Subdivider as the development progresses, subject to the prior written approval of the Cit y Manager.
The total estimated cost of the Required Improvements, as determined by the City Manager, is
$5,087,000.00.
a. Attached as Exhibit “B” is a copy of Condition of Approval 14 and 17 for the
Vesting Tentative Parcel Map (Resolution No. 2012-049) regarding acquisition of sufficient title or
interest in land to permit construction of offsite improvements that the Subdivider is required to
construct (“Land Rights”).
b. Subdivider is currently engaged in discussions with property owners and
tenants in regard to the acquisition of such Land Rights to permit construction of the offsite
improvements. Subdivider intends to continue to engage in said discussions in a good faith effort to
acquire such Land Rights.
c. The parties agree that the time for the Subdivider to provide the City with the
notice referenced in Condition 17a is extended to one hundred eighty (180) days following the
execution of this Agreement by the City.
d. If Subdivider is unable to obtain such Land Rights, the parties agree that the
Subdivider may, in its sole discretion, refuse to make the deposit referenced in Condition 17e by
written notice to the City. Upon such refusal, the parties agree that the Subdivider shall not be entitled
to commence or complete the construction any portion of the Project.
e. If the Subdivider submits to the City the written notice of its refusal to make the
deposit referenced above, then the parties agree such refusal shall not constitute a breach of this
Agreement and the City agrees not to exercise any rights with respect to any of the Subdivider’s
security subject to the following exception: If the Subdivider has commenced construction of any
specific Required Improvement, then as to that specific Required Improvement only the City may
exercise its rights with respect to the Subdivider’s security if the Subdivider does not complete that
specific Required Improvement.
f. If the Subdivider elects to make the deposit referenced in Condition 17e, the
provisions of Condition 17 shall control with respect to City’s acquisition of such Land Rights.
2. Work; Satisfaction of City Manager. All of the work on the Required Improvements is
to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the
approved plans and specifications and the City’s Improvement Standards and Specifications, to the
satisfaction of the City Manager. Subdivider shall protect, maintain and repair all work installed by
Subdivider prior to the acceptance of the Required Improvements, including, but not limited to,
signing and striping, activation of all street lighting, traffic signals and irrigation controllers and
payment of all energy costs through the Warrant y Period, as hereinafter defined.
CC Page 98
ITEM NUMBER: C-1
DATE: 06/28/16
3
W872-ATASCADERO -- 2413353.1
3. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or have replaced or repaired, all public improvements, public utility
facilities, and surveying or Subdivision monuments which are destro yed or damaged in the
performance of an y work under this Agreement. Subdivider shall bear the entire cost of replacement
or repairs of any and all public or private utility property damaged or destroyed in the performance of
an y work done under this Agreement, whether such propert y is owned by the United States or an y
agency thereof, or the State of California, or an y agency or political subdivision thereof, or by the City
or any public or private utilit y corporation or by an y combination of such owners. An y repair or
replacement shall be to the satisfaction of the City Manager.
4. Inspection b y Cit y. Subdivider shall at all times maintain proper facilities and safe
access for inspection of the public improvements by Cit y and to the shops wherein an y work is in
preparation. Upon completion of the work, the Subdivider may request a final inspection by the City
Manager or the City Manager’s representative. If the City Manager or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Manager shall recommend the acceptance of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Plans and Specifications and City
standards and the City Council has taken action to accept the improvements. Subdivider shall bear all
costs of plan check, inspection and certification.
5. Subdivider’s Obligation to Warn Public During Construction. Until final acceptance of
the Required Improvements, Subdivider shall give good and adequate warning to the public of each
and every dangerous condition existing in said improvements, and will take reasonable actions to
protect the public from such dangerous condition.
6. Superintendence by Subdivider. Subdivider shall require each contractor and
subcontractor to have a competent foreman on the job at all times when that contractor or
subcontractor, or an y employee or agent thereof, is performing work on the Required Improvements.
In addition, Subdivider shall maintain an office with a telephone and Subdivider or a person
authorized to make decisions and to act for Subdivider in Subdivider’s absence shall be available on
the job site within three (3) hours of being called at such office b y the City during the hours of 9:00
A.M. through 5:00 P.M., Monday through Friday, or an y other day or time when work is being
performed on the Required Improvements.
7. Work; Time for Commencement and Performance. Work on the Required
Improvements shall commence within one hundred eighty (180) days of the acquisition of the Land
Rights (hereafter “Commencement Date”). The Work on the Required Improvements shall be
completed within three years of the Commencement Date (“Completion Date”). The Required
Improvements shall not be deemed to be completed until accepted in writing b y the Cit y.
8. Time of Essence; Extension.
a. Time is of the essence of this Agreement. The dates for commencement and
completion of the Required Improvements may not be extended, except as provided in this paragraph.
The Cit y Manager may extend the Commencement Date for a maximum of one hundred and eight y
(180) days. The City Manager may extend the Completion Date for a maximum of two (2) years.
Any extensions of the Commencement and/or the Completion Date b y the City Manager shall be in
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the sole and complete discretion of the City Manager. All other extensions of the Commencement
Date and/or Completion Date (beyond such two year extension) shall be made onl y b y the City
Council, and which extensions shall be granted only upon a showing of good cause by the Subdivider
at a City Council meeting. Any extensions of the Commencement and/or the Completion Date b y the
City Council shall be in the sole and complete discretion of the City Council.
b. Requests for extension of the commencement and/or completion date shall be in
writing and delivered to the Cit y in the manner hereinafter specified for service of notices. An
extension of time, if any, shall be granted onl y in writing, and an oral extension shall not be valid or
binding on the City.
c. In the event the Cit y extends the time of commencement and/or completion of
the Required Improvements, such extension may be granted without notice by the City to the
Subdivider’s surety and shall in no way release any guarantee or security given by the Subdivider
pursuant to this Agreement, or relieve or release those providing an improvement securit y pursuant to
this Agreement. The suret y or sureties, if any, in executing the securities shall be deemed to have
waived notice of an y such extensions and expressly agreed to an y such extension of time.
d. In granting any extension of time, the City may require new or amended
improvement securit y in amounts increased to reflect increases in the costs of constructing the
Required Improvements or impose other conditions to protect its interests and ensure the timely
completion of the Required Improvements.
9. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for
utility and cable television undergrounding and/or relocation which is not the responsibility of the
cable television, gas, electric, telephone, or other utility compan y under the terms of the franchises
with the City or otherwise imposed upon the utility companies by law.
10. Improvement Securit y. Prior to the recordation of the Parcel Map for the Project, the
Subdivider shall furnish the City with:
a. Faithful Performance Security. Subdivider shall provide faithful performance
securit y as set forth in the Atascadero Municipal Code section 11-8.14 to secure faithful performance
of this Agreement (the “faithful performance” security). This securit y shall be in the amount of one
hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by
the Cit y Manager.
b. Payment Security. Subdivider shall also provide payment securit y as set forth
in the Atascadero Municipal Code section 11-8.14 to secure payment to the contractor, subcontractors
and to persons renting equipment or furnishing labor or materials to them for the work (the “payment
security”). This securit y shall be in the amount of fifty percent (50%) of the total estimated cost of the
Required Improvements, as determined b y the City Manager and shall secure the obligations set forth
in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
c. Guarantee and Warranty Securit y. Subdivider shall also file with this
Agreement a “guarantee and warrant y security” in the amount of ten percent (10%) of the total
estimated cost of the Required Improvements, as determined by the City Manager, to guarantee and
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warrant the Required Improvements for a period of one year (“Warranty Period”) following their
completion and acceptance against an y defective work or labor done, or defective materials furnished.
d. Monument Security. Subdivider shall also file with this Agreement a
“monument securit y” in the amount of one hundred percent (100%) of the total estimated cost of the
installation of survey monuments in the Subdivision, as determined by the City Manager, which total
cost is in the amount of seventy three hundred Dollars ($7300.00), to guarantee and secure the
placement of such monuments.
e. All required securities shall be in a form approved by the City Attorney.
f. Any bonds submitted as securit y pursuant to this section shall be executed by a
suret y compan y authorized to transact a suret y business in the State of California. These bonds shall
be furnished on the forms enclosed following this Agreement and shall be satisfactor y to the City.
The bonds shall be obtained from a responsible corporate suret y (or sureties) acceptable to the City,
which is licensed by the State of California to act as surety upon bonds and undertakings and which
maintains in this State at least one office for the conduct of its business. The suret y (or sureties) shall
furnish reports as to its financial condition from time to time as requested by the City. The premiums
for said bonds shall be paid by Subdivider.
g. Any bonds submitted as securit y pursuant to this section shall be furnished by
companies who are authorized and licensed by the Insurance Commissioner as “admitted surety
insurers.” Bonds must be approved b y City. Before approving the proposed suret y and in order to
assess the sufficiency of the Surety, the Surety shall provide the City with an original of a certificate
from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been
surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed
authorit y has been granted.
h. No change, alteration, or addition to the terms of this Agreement or the Plans
and Specifications incorporated herein shall in any manner affect the obligation of the sureties, except
as otherwise provided b y the Subdivision Map Act.
i. The securities shall be irrevocable, shall not be limited as to time (except as to
the one-year Warrant y Period) and shall provide that they ma y be released, in whole or part, only
upon the written approval of the City Manager and as provided in paragraph. All securities provided
pursuant to this Agreement shall expressly obligate the surety for an y extension of time authorized by
the City for Subdivider’s completion of the Required Improvements, whether or not the suret y is
given notice of such an extension by the City.
j. The Attorney-in-Fact (resident agent) who executes the securities on behalf of
the suret y compan y must attach a cop y of his/her Power of Attorney as evidence of his authority. A
notar y shall acknowledge the power as of the date of the execution of the surety bond that it covers.
k. In lieu of providing bonds, Subdivider may provide City with letters of credit in
the form of Exhibit “C”, attached hereto. If Subdivider elects to provide the requisite security by
providing letters of credit, Subdivider shall maintain such letters of credit until such time as such
security is permitted to be released pursuant to the terms of this Agreement. In this regard, if any
letter of credit is scheduled to expire before such date, Subdivider shall cause such letter of credit to
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be extended, shall provide a new substitute letter of credit, or shall provide bonds pursuant to the
foregoing provisions. Nothing shall be construed to release Subdivider of its obligations to construct
the Required Improvements as a result of any default by Subdivider in failing to provide the requisite
security pursuant to this Agreement.
11. Release of Security.
a. Any partial or complete release of an y securit y must be approved by the City
Council. Any partial or complete release that has not been approved b y the City Council shall be null
and void.
b. All releases of security shall be in conformity with Section 7 of this Agreement
and the California Government Code Section 66499.7.
12. Inspection and Other Fees. The Subdivider shall pay to the Cit y all fees imposed in
connection with the construction and inspection of the Required Improv ements. These fees must be
paid in full prior to the City’s acceptance of the Required Improvements. The fees referred to above
are not necessarily the only Cit y fees, charges or other costs that have been, or will be, imposed on the
Subdivision and its development, and this Agreement shall in no way exonerate or relieve the
Subdivider from paying such other applicable fees, charges, and/or cost s.
13. Defense, Indemnification and Hold Harmless. To the fullest extent permitted by law,
the Subdivider or its contractor agree to indemnify, defend and hold harmless, City and any and all of
City’s boards, officers, employees, agents, assigns, and successors in interest through legal counsel
reasonabl y acceptable to the City, from and against any and all claims losses, demand and expenses,
including, but not limited to, attorney’s fees and cost of litigation, on account of bodil y injury,
including death, or property damage arising out of or in an y way connected to the work performed by
the Subdivider or its contractor under this agreement. Without affecting the rights of City under an y
provision of this agreement, the Subdivider or its contractor shall not be required to indemnify and
hold harmless City for liability attributable to the active negligence of the Cit y, provided such active
negligence is determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where Cit y is shown to have been activel y negligent and where Cit y’s active
negligence accounts for only a percentage of the liability involved, the obligation of Subdivider or its
contractor will be for that entire portion or percentage of liability not attributable to the active
negligence of Cit y.
This defense, indemnification and hold harmless provision shall extend to claims,
losses, damage, injur y, costs, including attorney fees, and liability for injuries occurring after
completion of the construction of the Required Improvements as well as during construction, and
shall apply regardless of whether or not the Cit y has prepared, supplied or approved the Plans and
Specifications for the Required Improvements or has inspected or accepted the same. Acceptance of
insurance required under this Agreement shall not relieve Subdivider from liability under this
defense, indemnification and hold harmless provision.
The parties intend that this provision shall be broadl y construed to effectuate its
purpose.
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14. Environmental Warranty
a. Prior to the acceptance of any dedications or improvements by Cit y, Subdivider
shall certify and warrant that: to Subdivider’s knowledge, neither the property to be dedicated nor
Subdivider are in violation of any environmental law and neither the propert y to be dedicated nor the
Subdivider are subject to an y existing, pending, or threatened investigation b y an y federal, state or
local governmental authority under or in connection with any environmental law. Neither Subdivider
nor an y third part y will use, generate, manufacture, produce, or release, on, under, or about the
propert y to be dedicated, any hazardous substance, except in compliance with all applicable
environmental laws. Subdivider has not caused or permitted the release of, and has no knowledge of
the release or presence of, an y hazardous substance on the propert y to be dedicated or the migration
of any hazardous substance from or to any other propert y adjacent to, or in the vicinity of, the
propert y to be dedicated. Subdivider’s prior and present use of the propert y to be dedicated has not
resulted in the release of an y hazardous substance on the propert y to be dedicated. Subdivider shall
give prompt written notice to City at the address set forth herein of:
(i) Any proceeding or investigation b y an y federal, state or local
governmental authorit y with respect to the presence of an y hazardous substance on the property to be
dedicated or the migration thereof from or to any other propert y adjacent to, or in the vicinity of, the
propert y to be dedicated;
(ii) Any claims made or threatened b y an y third part y against City or the
propert y to be dedicated relating to any loss or injury resulting from an y hazardous substance; and
(iii) Subdivider’s discovery of an y occurrence or condition on any propert y
adjoining or in the vicinity of the property to be dedicated that could cause the propert y to be
dedicated or an y part thereof to be subject to any restrictions on its ownership, occupancy, use for the
purpose for which it is intended, transferabilit y, or suit under any environmental law.
b. As used in this Agreement, the term “hazardous substance” includes any
hazardous or toxic substance or material or waste, including but not limited to all types of gasoline,
oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or an y
other chemical, material, controlled substance, object, condition, waste, living organism or an y
combination thereof which is or may be hazardous to human health or safet y or to the environment
due to its radioactivity, ignitabilit y, corrosivity, reactivity, explosivit y, toxicity, carcinogenicit y,
mutagenicity, ph ytotoxicity, infectiousness or other harmful properties of effects, which is now, or in
the future becomes, listed, defined or regulated in any manner b y any federal, state, or local City
based directly or indirectly upon such properties.
15. Subdivider’s Insurance.
a. Subdivider Shall Maintain Insurance. Subdivider shall not commence an y
work before obtaining, and shall maintain in force at all times during the duration and performance
of this Agreement, the policies of insurance specified in this Section. Such insurance must have the
approval of the Cit y as to limit, form, and amount, and shall be placed with insurers with an A.M.
Best rating of no less than A:VII.
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b. Subdivider to Provide Evidence of Insurance. Prior to the execution of this
Agreement and prior to the commencement of any work, the Subdivider shall furnish to the City, and
the City must approve, original certificates of insurance and endorsements effecting coverage for all
policies required by the Agreement. Subdivider shall not allow an y contractor or subcontractor to
commence work until similar insurance first shall have been so obtained by such contractor or
subcontractor. Certificates shall be signed b y a person authorized by the insurer, or insurers, to bind
coverage on their behalf. Certificate of insurance and endorsements shall be on standard Accord,
Department of Insurance, and Insurance Services Office approved forms or on forms approved b y the
City. As an alternative to providing the Cit y with approved forms of certificates of insurance and
endorsements, the Subdivider may provide complete, certified copies of all required insurance
policies, including endorsements, effecting the coverage required b y this Section. At an y time, at the
written request of the City, Subdivider agrees to furnish one or more copies of each required policy
including declarations pages, conditions, provisions, endorsements, and exclusions. Such copies shall
be certified b y an authorized representative of each insurer. Notwithstanding anything to the contrary
contained herein, as long as the tangible net worth of Subdivider shall exceed $100,000,000 then
Subdivider shall have the right to self-insure with respect to any or all insurance coverages required of
Subdivider by the provisions of this Agreement, in which event Subdivider’s program of self-
insurance shall be deemed for all purposes under this Agreement to provide the same types and
amounts of insurance coverage as would have been provided if Subdivider had obtained each and all
of the policies of insurance described in this Section 15.
c. No Suspension of Insurance. Each insurance policy required b y this Agreement
shall be endorsed to state that coverage shall not be suspended, voided, cancelled, terminated b y either
party, reduced in coverage or in limits except after thirt y (30) da ys’ prior written notice b y certified
mail, return receipt requested, has been given to the City.
d. Deductibles. An y deductibles, or self-insured retentions, exceeding five
thousand dollars ($5,000) must be declared to, and approved b y, the Cit y. Upon request by the City,
Subdivider shall demonstrate financial capability for payment of such deductibles or self- insured
retentions.
e. Coverages Shall Not Limit Obligations. The requirement as to t ypes, limits,
and the City’s approval of insurance coverage to be maintained by Subdivider are not intended to, and
shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under
the Agreement.
f. Required Limits. Subdivider and its contractors and subcontractors shall, at
their expense, maintain in effect at all times during the term of this Agreement, not less than the
following coverage and limits of insurance, which shall be maintained with insurers and under forms
of policy satisfactor y to the City. The maintenance of Subdivider and its contractors and
subcontractors of the following coverage and limit of insurance is a material element of the
Agreement. The failure of Subdivider or of an y of its contractors or subcontractors to maintain or
renew coverage or to provide evidence of renewal ma y be treated b y the City as a material breach of
this Agreement.
g. Workers’ Compensation Insurance. Subdivider shall maintain, during the term
of this Agreement, Workers’ Compensation insurance for all of Subdivider’s emplo yees as required
b y Labor Code section 3700 of the State of California and Employer’s Liabilit y Act, including
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Longshoremen’s and Harbor Workers’ Act (“Acts”), if applicable. Emplo yer’s Liability limits shall
not be less than one million dollars ($1,000,000) per occurrence. The Subdivider shall execute a
certificate in compliance with Labor Code section 1861, on the form provided in the Contract
Documents. The insurer shall agree to waive all rights of subrogation against the City, its officers,
officials, and employees for losses arising from work falling within the terms of this Agreement.
Subdivider shall indemnify and hold harmless the City for an y damage resulting to it, including
attorney fees, from failure of either Subdivider or an y contractor or subcontractor to take out and
maintain such insurance.
h. Commercial General Liability Insurance. Subdivider shall maintain during the
term of this Agreement such commercial general liability insurance as shall insure the City, its
elective and appointive boards and commissions, officers, agents and employees, Subdivider and an y
contractor or subcontractor performing work covered by this Agreement. The insurance shall include,
but not be limited to, protection against claims arising from death, bodily or personal injury, or
damage to propert y resulting from actions, failures to act, or operations of Subdivider, any
contractor’s or subcontractor’s operations hereunder, whether such operations are b y Subdivider or
an y contractor or subcontractor or b y an yone directl y or indirectly emplo yed b y either Subdivider or
an y contractor or subcontractor. The amount of insurance coverage shall not be less than one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) per policy aggregate. As an
alternative to the policy (aggregate) the Subdivider may have an aggregate limit of one million dollars
($1,000,000) per occurrence appl y. Coverage shall be at least as broad as Insurance Services Office
“occurrence form CG 00 01 (ed. 10/01)” covering commercial general liability or its equivalent.
i. Endorsements. Subdivider shall see that the commercial general liability
insurance shall include, or be endorsed to include, the following:
(i) Provision or endorsement naming the City of Atascadero, its officers,
employees, agents, boards, commissions, and volunteers as Additional Insureds with respect to liability
arising out of the performance of an y work under this Agreement.
(ii) Provision or endorsement stating that insurance is Primary insurance
with respect to the City, its officers, emplo yees, agents, boards, commissions, and volunteers, to the
extent the City is an additional insured. An y insurance or self-insurance maintained by the City, its
officers, officials, employees, agents, boards, commissions, and volunteers shall be excess of the
Subdivider’s insurance and shall not contribute with it.
(iii) Provision or endorsement stating that the Subdivider’s insurance shall
apply separatel y to each insured against whom claim is made or suit is brought, except with respect to
the limits of the insurer’s liability (cross-liability).
(iv) Provision or endorsement stating that an y failure to comply with
reporting or other provisions of the policies including breaches of representations shall not affect
coverage provided to the City, its officers, employees, agents, boards, commissions, and volunteers.
16. Prevailing Wage. In the event it is determined that the Subdivider is required to pay
prevailing wages for the work performed under this Agreement, the Subdivider shall pay all penalties
and wages as required by applicable law, and hold harmless, defend and indemnify the City for any
liability the City ma y have for penalties and wages as required b y applicable law.
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17. Title to Required Improvements. The City shall not accept any real property to be
dedicated or the Required Improvements unless they are constructed in conformity with the approved
Plans and Specifications, approved modifications, if any, the approved final or parcel map, and City
Improvement Standards and Specifications, to the satisfaction of the City Manager. Until such time as
the Required Improvements are accepted b y the City, Subdivider shall retain title and shall be
responsible for, and bear the risk of loss to, any of the improvements constructed or installed.
Title to and ownership of any real propert y to be dedicated and the Required
Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon
completion and acceptance in writing of such Required Improvements by City. The City shall not
accept the Required Improvements unless title to the Required Improvements is entirel y free from
lien. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to
and in a form acceptable to the City.
The City reserves the right to accept any street improvement without accepting any
obligation to maintain the streets.
18. Repair or Reconstruction of Defective Work. If, within a period of one year after final
acceptance b y the City Council of the Required Improvements, an y improvement or part of any
improvement furnished and/or installed or constructed, or caused to be installed or constructed by
Subdivider, or an y of the work done under this Agreement materiall y fails to fulfill any of the
requirements of this Agreement or the specifications referred to herein, Subdivide shall without delay
and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory
part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this
requirement, or if the exigencies of the situation require repairs or replacements to be made before the
Subdivider can be notified, then the City may, at its option, make the necessary repairs or
replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such
repairs plus fifteen percent (15%) within thirt y (30) days of the dat e of billing for such work by City.
If the Subdivider fails to compl y with the provisions of this Paragraph, then the Surety shall be
required to do so.
19. Subdivider Not Agent of City. Neither Subdivider nor an y of Subdivider’s agents,
contractors, or subcontractors are or shall be considered to be agents of the City in connection with the
performance of Subdivider’s obligations under this Agreement.
20. Notice of Breach and Default. The following shall constitute a default under this
Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or
an y part thereof, with such diligence as will ensure its completion within the time specified, or any
extension thereof, or fails to complete the Required Improvements within such time; if Subdivider
should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of
Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or
if Subdivider or an y of Subdivider’s contractors, subcontractors, agents or emplo yees should violate
any of the provisions of this Agreement. In the event of Subdivider’s default, Subdivider shall be
deemed to be in breach of this Agreement and the Cit y may serve written notice upon Subdivider and
Subdivider’s suret y, if any, o f the breach of this Agreement. Subdivider shall have fifteen (15) days
from receipt of written notice by Cit y to cure any default.
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21. Breach of Agreement; Performance By Suret y or Cit y. In the event Subdivider is in
default under this Agreement, and the applicable cure period set forth in paragraph 21 has expired
without such default having been cured b y Subdivider, the City may thereafter deliver a notice of
breach to Subdivider’s suret y, if an y, and such surety shall have the dut y to take over and complete the
work on the Required Improvements; provided, however, that if the suret y within fifteen (15) days
after the serving of such notice of breach upon it does not give the Cit y written notice of the surety’s
intent to take over the performance of the Agreement, or does not commence performance thereof
within fifteen (15) days after notice to the Cit y of such election, then the City ma y take over the work
and prosecute the same to completion by contract, or by an y other method the City may deem
advisable, for the account and at the expense of the Subdivider, and the Subdivider’s suret y shall be
liable to the City for an y excess cost or damages incurred b y the City. In such event, the Cit y, without
liability for so doing, may take possession of and utilize in completing the work such materials,
appliances, plants or other property belonging to Subdivider as may be on the site of the work and
necessary therefore. The remed y provided b y this paragraph is in addition to, and not in lieu of, other
remedies available to the City. The Cit y reserves to itself all remedies available to it at law or in
equity for a breach of Subdivider’s obligations under this Agreement. In addition to any other remedy
the City may have, a breach of this Agreement b y the Subdivider shall constitute consent to the filing
by the Cit y of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the
choice of remed y or remedies for Subdivider’s breach shall be in the discretion of the City.
If the form of improvement security is other than a bond, the Cit y, after giving notice
of breach of the Agreement, may proceed to collect against the improvement securit y in the manner
provided by law and b y the terms of the securit y instrument.
22. Building Permit Sign-Off or Issuance of Certificate of Occupanc y. The City will not
final or sign off as complete an y building permit or issue any certificate of occupancy for an y
building constructed within the Subdivision until and after such time as the City accepts the Required
Improvements.
23. Notices. All notices required under this Agreement shall be in writing, and delivered
in person or sent b y registered or certified mail, postage prepaid. Notices shall be deemed effective
upon receipt or rejection only.
Notices required to be given to City shall be addressed as follows:
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Notices required to be given to Subdivider shall be addressed as follows:
Prior to Opening for Business. For any period of time prior to the date that
Walmart opens a store on the Walmart Tract (Walmart having no obligation to
do so), all notices and other communications shall be sent to the following
addresses:
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Wal-Mart Stores Inc.
Attn: Real Estate Manager
(Ref: Atascadero, California
Store No. 4329-00)
2001 SE 10th Street
Bentonville, AR 72716-0550
With a Copy to:
Gresham Savage Nolan & Tilden
Attn: J Matthew Wilcox, Esq.
(Ref: Atascadero, California
Store No. 4329-00)
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
With a Copy to:
Wal-Mart Stores Inc.
Attn: Mary Kendall, Esq.
(Ref: Atascadero, California
Store No. 4329-00)
2001 SE 10th Street
Bentonville, AR 72716-0550
After Opening for Business. For any period of time after Walmart has opened a
store on the Walmart Tract (Walmart having no obligation to do so), all notices
and other communications shall be sent to the following addresses:
Wal-Mart Stores Inc.
Attn: Realty Manager
(Ref: Atascadero, California
Store No. 4329-00)
2001 SE 10th Street
Bentonville, AR 72716-0550
With a Copy to:
Wal-Mart Stores Inc.
Attn: President
(Ref: Atascadero, California
Store No. 4329-00)
2001 SE 10th Street
Bentonville, AR 72716-0550
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Any part y may change such address b y notice in writing to the other part y and
thereafter notices shall be addressed and transmitted to the new address.
24. Waiver. The waiver b y either part y of a breach by the other of an y provision of this
Agreement shall not constitute a continuing waiver or a waiver of an y subsequent breach of either the
same or a different provision of this Agreement.
25. Attorney Fees. In the event an y legal action is brought to enforce or interpret this
Agreement, the prevailing part y shall be entitled to an award of reasonable attorney fees, in addition to
any other relief to which it may be entitled.
26. Personal Nature of Subdivider’s Obligations/Assignment . All of Subdivider’s
obligations under this Agreement are and shall remain the personal obligations of Subdivider
notwithstanding a transfer of all or an y part of the propert y within the Subdivision subject to this
Agreement, and Subdivider shall not assign an y of its obligations under this Agreement without the
prior written consent of the City.
27. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Required
Improvements are to be constructed or installed on land not within the Subdivision or an already
existing public right-of-way, no construction or installation shall be commenced before:
a. The irrevocable offer of dedication or conveyance to City of appropriate rights-
of-way, easements or other interests in real property, and appropriate authorization from the propert y
owner to allow construction or installation of the Required Improvements, or
b. The issuance of an order of possession by a court of competent jurisdiction
pursuant to the State Eminent Domain Law. Subdivider shall comply in all respects with any such
order of possession.
c. Nothing in this paragraph shall be construed as authorizing or granting an
extension of time to Subdivider for completion of the Required Improvements. Nothing in this
Paragraph shall be construed as requiring the Cit y to accept an y street improvements for
maintenance.
28. Compliance with Laws. Subdivider, its agents, employees, contractors, and
subcontractors shall comply with all federal, state and local laws in the performance of the work
required b y this Agreement, including but not limited to obtaining all applicable permits and licenses.
29. No Vesting of Rights. Entering into this Agreement shall not be construed to vest
Subdivider’s rights with respect to an y change in any zoning or building law or ordinance.
30. Approvals by Cit y. An y approval or consent that is to be given b y the City under this
Agreement shall be in writing, and an y approval or consent that is not in writing shall not be binding
on the City.
31. Construction and Interpretation. It is agreed and acknowledged b y Subdivider that the
provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a
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W872-ATASCADERO -- 2413353.1
full and fair opportunity to revise the provisions of this Agreement and to have such provisions
reviewed b y legal counsel. Therefore, the normal rule of construction that any ambiguities are to be
resolved against the drafting part y shall not appl y in construing or interpreting this Agreement.
32. Successors and Assigns -- Covenant Running With the Land. This Agreement shall
inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. A
memorandum of this Agreement in the form attached hereto shall be recorded in the Office of the
Recorder of San Luis Obispo County concurrently with the final map or parcel map of the
Subdivision. This Agreement shall constitute a covenant running with the land and an equitable
servitude upon the real propert y within the Subdivision. If the Subdivider has not completed all of the
Required Improvements, then the City expressly reserves the right, in its sole and complete discretion,
to require any successor or assign of the Subdivider to enter into a new Subdivision Improvement
Agreement with the City with terms which may differ from the terms set forth in this Agreement.
33. Severability. The provisions of this Agreement are severable. If an y portion of this
Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall
remain in full force and effect unless amended or modified by mutual written consent of the parties.
34. Actions. Any action by an y party to this Agreement, or an y action concerning a
securit y furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction
within the County of San Luis Obispo, State of California, notwithstanding any other provision of law
which may provide that such action may be brought in some other location. The law governing this
Agreement is the law of the State of California.
35. Integration. This Agreement is an integrated agreement. It supersedes all prior
negotiations, representations, or agreements, either written or oral.
36. Modification. This Agreement may be amended only by a written instrument signed
b y the parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by
the Subdivider.
[SIGNATURES APPEAR ON NEXT PAGE]
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W872-ATASCADERO -- 2413353.1
IN W ITNESS WHEREOF, the parties have executed this Agreement as follows:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, Cit y Attorney
SUBDIVIDER
WAL-MART STORES, INC.,
a Delaware corporation
By:
Name:
Its:
Date:
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W872-ATASCADERO -- 2413353.1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
This Notary Acknowledgement is attached is a document entitled Subdivision Improvement
Agreement
A notary public or other officer completing this certificate verifies only the identit y of the individu al
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of ________________ )
) ss.
County of ______________ )
On ________________________ personall y appeared before me, ____________________
(here insert name and title of the officer), __________________________, personall y known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
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W872-ATASCADERO -- 2413353.1
Exhibit A
Required Improvements
1. OFF-SITE IMPROVEMENTS REQUIREMENTS: In accordance with the City Council
Resolution 2012-046 and 2012-049, the following improvements must be completed and
accepted by the City Engineer:
a. Installation of a traffic signal at the intersection of El Camino Real and San Anselmo
Road (North). A cost estimate must be submitted by the Subdivider and reviewed and
approved by the City Engineer. A Fee credit of up to $213,045 may be granted by the
City if improvements are in-excess of the Subdivider’s proportional fair-share to be
completed prior to issuance of final certificate of occupancy for the Walmart Store
Building [MM Trans-1b];
b. Installation of a four-legged roundabout at the intersection of El Camino Real and Del
Rio Road, together with frontage improvements immediately contiguous to Subdivider’s
property along El Camino Real. A cost estimate must be submitted by the Subdivider and
reviewed and approved by the City Engineer. A Fee credit of up to $71,015 for the
roundabout and up to $49,852 for the El Camino Real frontage improvements may be
granted by the City if improvements are in-excess of the Subdivider’s proportional fair-
share to be completed prior to the issuance of final certificate of occupancy for the
Walmart Store Building [City Council Resolution 2012-046 #43, City Council
Resolution 2012-049 #35, MM Trans-1c];
c. Del Rio road shall be improved with a minimum width of 60-feet, per City Standard
Drawing No. 406 and designed to include a center turn lane into the Subdivider site,
Annex project site, as well as Obispo Road to be completed prior to the issuance of final
certificate of occupancy for the Walmart Store Building [City Council Resolution 2012-
049 #37];
d. Installation of a left turn lane within the northbound portion of El Camino Real at the
intersection of Street “A” and the Mission Oaks Shopping Center to be completed prior
to the issuance of final certificate of occupancy for the Walmart Store Building [City
Council Resolution 2012-046 #45, City Council Resolution 2012-049 #39, MM Trans-4];
e. Subdivider shall remove the existing El Camino Real median left-turn pocket for
southbound vehicles at the Mission Oaks Shopping Center main driveway and replace it
with a northbound refuge lane for vehicles exiting the Mission Oaks Shopping Center,
subject to approval by City Engineer; [City Council Resolution 2012-049 #102];
f. Installation of a traffic signal at the intersection of El Camino Real and Street “A”,
including the installation of bicycle loop detectors within the right-of-ways prior to the
issuance of final certificate of occupancy for the Walmart Store Building [City Council
Resolution 2012-046 #46 City Council Resolution 2012-049 #40];
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W872-ATASCADERO -- 2413353.1
g. Installation of Class II bicycle facilities along El Camino Real to be completed prior to
acceptance of improvements to El Camino Real and Del Rio Road by the City Engineer /
City of Atascadero Public Works Department [MM Trans6-d];
h. Installation of a shoulder, minimum 4-foot wide, as right-of-way allows, along the Del
Rio Road right-of-way from the intersection of El Camino Real east to the centerline of
San Benito Road prior to the issuance of final certificate of occupancy for the Walmart
Store Building [City Council Resolution 2012-046 #58,];
i. Improvement of the intersection of Del Rio Road and Rio Rita Road that meets site
distance, horizontal, and vertical alignment standards of the City prior to the issuance of
final certificate of occupancy for the Walmart Store Building [City Council Resolution
2012-046 #47, City Council Resolution 2012-049 #41];
j. Installation of a transit stop along the El Camino Real frontage at least 100-feet from the
centerline of the El Camino Real / Del Rio Road intersection, or as approved by the City
Engineer. The transit stop shall include an 8-foot by 14-foot permanent structure that
compliments the architecture of the development it fronts and shall include a bench, trash
receptacle, solar lighting, bicycle racks and rain gutters, to be installed prior to the
issuance of the final certificate of occupancy for the Walmart store building. [City
Council Resolution 2012-046 #35 through #38, MM Trans-6a].
2. ON-SITE IMPROVEMENTS: Subdivider must complete all on-site improvements in
accordance with the City Council Resolution 2012-046 and 2012-049 prior to the issuance of a
Certificate of Occupancy (CO).
3. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project approvals:
Subdivider to complete any and all other improvements in accordance with the City Council
Resolution 2012-046 and 2012-049 prior to the issuance of Certificate of Occupancy (CO).
CC Page 114
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W872-ATASCADERO -- 2413353.1
Exhibit B
Conditions of Approval
[Attached behind this page]
CC Page 115
City of Atascadero
Resolution No. 2012-049
Page 13 of 27
Conditions of Approval
TPM 2009-0095 (Walmart Map)
Vesting Tentative Parcel Map
(Del Rio Road Commercial Area Specific Plan)
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision Improvement
Plans
FM: Final Map
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility /Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
easements by the map or separate documents.
24. Prior to recording the Final Parcel map, the applicant shall bond
for or set monuments at all new property corners. A registered
civil engineer or licensed land surveyor shall indicate by certificate
on the parcel map, that corners have been set or shall be set by a
date specific and that they will be sufficient to enable the survey to
be retraced. If the property corners are not set prior to map
recordation, the applicant shall bond the property corner
installation.
FM CE
25. All existing and proposed utility, pipeline, open space, or other
easements are to be shown on the Final Parcel map. If there are
building or other restrictions related to the easements, they shall
be noted on the Final Parcel map. The applicant shall show all
access restrictions on the Final Parcel map.
FM CE
26. Prior to approval of the Final Parcel map by the City Council, the
applicant shall have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas, electric,
Atascadero Mutual Water Company). The applicant shall obtain a
letter from each utility company indicating their review of the map.
The letter shall identify any new easements that may be required
by the utility company. A copy of the letter(s) shall be submitted
to the City. New easements shall be shown on the Final Parcel
map.
FM CE
27. Prior to Final Parcel Map approval by the City Council, the
applicant shall remove existing structures from each lot.
FM CE
28. Prior to Final Parcel Map approval applicant shall quitclaim or
relocate any easement in conflict with proposed structures or
other obstruction(s), as required by the City Engineer.
FM CE
29. A Lighting and Landscape District funding mechanism to provide
for the maintenance for lighting, medians, special paving surfaces,
storm drain, and hardscape shall be provided and accepted by the
City Engineer prior to Final Parcel Map recordation.
FM CE
OFFSITE IMPROVEMENT PLANS
30. Prior to the issuance of an encroachment permit(s) for
construction of any offsite improvements, the applicant(s) shall
submit plans and supporting calculations/reports including street
improvements, underground utilities, composite utilities, traffic
control and grading/drainage plans prepared by a registered civil
engineer for review and approval by the City Engineer. The
Submitted plans shall be in conformance with the requirements of
the Vesting Tentative Map, City Standard Specifications and
Drawings and Specific Plan.
GP, BP CE
31. Prior to the issuance of any onsite improvement Building Permit,
the on-site public improvements shall be designed in accordance
GP, BP CE
Exhibit B
ITEM NUMBER: C-1
DATE: 06/28/16
CC Page 116
City of Atascadero
Resolution No. 2012-049
Page 14 of 27
Conditions of Approval
TPM 2009-0095 (Walmart Map)
Vesting Tentative Parcel Map
(Del Rio Road Commercial Area Specific Plan)
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision Improvement
Plans
FM: Final Map
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility /Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
with the Vesting Tentative Parcel Map, Specific Plan, City
Engineering Specifications and Drawings or as required by the
City Engineer.
32. All offsite and onsite public improvements shall be constructed in
conformance with the City of Atascadero Engineering Department
Standard Specifications and Drawings or as required by the City
Engineer
GP, BP CE
33. The project shall include construction of all vehicular lanes, curbs,
gutters and sidewalks along entire frontage as shown on the
Master Plan of Development, Specific Plan, or Vesting Tentative
Parcel map.
GP, BP CE
34. Prior to issuance of encroachment permits for public
improvements (Street, Sewer, Storm Drain, Water), the applicant,
by written agreement with the City Engineer, shall guarantee
installation of the improvements through faithful performance
bonds, letters of credit or any other acceptable means. Building
final shall be withheld if the improvements are not completed. The
faithful performance bonds/letters of credit/or other financial
means shall include an inflation factor that is satisfactory to the
City Engineer.
EP CE
35. El Camino Real shall be shown on the Final Parcel Map as an
arterial street with a minimum right of way half width of 50-feet,
per City Standard Drawing No. 407. The applicants shall acquire
and dedicate to the City the right-of-way required for all street
improvements as identified in the Final Environmental Impact
Report Traffic Study, the Vesting Tentative Map, and Specific
Plan. The Applicant shall provide sufficient right of way to convert
the intersection at Del Rio Road/El Camino Real to a modern
roundabout. The roundabout will require an inscribed diameter of
approximately 160 feet and will include a combination of single
and dual circulating lanes. Single-lane approaches are required
for the southbound and westbound entrances. The northbound
approach shall include a dual-lane entry with a left-only lane and a
shared through/right-turn lane. The eastbound approach shall
include a shared through/left-turn lane and a 125-foot long right-
turn lane. Travel lanes shall be a minimum of twelve foot wide.
The roundabout shall include facilities for pedestrians and
bicyclists
The applicants shall design the roundabout in conformance with
the conceptual plan is shown in Figure 3 of the Del Rio Road Area
Specific Plan Transportation Impact Analysis for the City of
Atascadero February 6, 2012. The Applicant is responsible for all
frontage improvement costs.
FM CE
36. Prior to recordation of the Final Parcel Map, The applicant shall
revise the unnamed public street and El Camino Real
FM PS, CE
Exhibit B
ITEM NUMBER: C-1
DATE: 06/28/16
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W872-ATASCADERO -- 2413353.1
Exhibit “C”
Form of Letter of Credit
[Attached behind this page]
CC Page 118
ITEM NUMBER: C-1
DATE: 06/28/16
21
W872-ATASCADERO -- 2413353.1
ISSUING BANK:
JPMORGAN CHASE BANK, N.A.
300 S. GRAND AVE
SUITE 480
LOS ANGELES, CA 90071
ISSUE DATE: __________________
IRREVOCABLE STANDBY LETTER OF CREDIT NO. ____________
APPLICANT:
AT THE REQUEST OF
WAL-MART STORES, INC.
ATTN: CONTRACTS ADMIN, DEPT. 8974
2001 SE 10TH ST
BENTONVILLE, AR 72716-0550
(OBLIGOR)
AND FOR THE ACCOUNT OF:
(ACCOUNT PARTY)
BENEFICIARY:
RACHELLE RICKARD,
CITY MANAGER,
CITY OF ATASCADERO
6500 PALMA AVENUE
ATASCADERO, CA 93422
WITH COPY OF NOTICES TO:
BRIAN A. PIERIK
CITY ATTORNEY
BURKE, WILLIAMS & SORENSEN
2310 E. PONDEROSA DRIVE, SUITE 25
CAMARILLO, CA 93010
AMOUNT: US $
AMOUNT WRITTEN OUT AND 00/100’S US DOLLARS
EXPIRY DATE: (ONE YEAR FROM ISSUE DATE)
GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
L5LS-XXXXXX IN YOUR FAVOR, AS BENEFICIARY, UP TO THE AGGREGATE SUM OF
XXXXXX AND 00/100 U.S. DOLLARS ONLY (USD XXXXX), EXPIRING ON XX/XX/XXXX
EXCEPT AS FURTHER STATED.
1. A STATEMENT DATED AND SIGNED BY AN AUTHORIZED OFFICIAL OF THE
BENEFICIARY, SIGNING AS SUCH AND SWORN TO BEFORE A NOTARY PUBLIC
STATING THAT:
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W872-ATASCADERO -- 2413353.1
A. “WE HEREBY CERTIFY THAT THE FUNDS DRAWN UNDER LETTER OF
CREDIT NO._____________ ISSUED BY JPMORGAN CHASE BANK, N.A. ARE
DUE BY REASON OF APPLICANT’S FAILURE TO COMPLETE (INSERT WHAT
LETTER OF CREDIT GUARANTEES), FOR STORE NO. #### IN (CITY,
STATE) AS SHOWN ON PLANS PREPARED BY (CEC NAME) DATED (DATE OF
PLANS) AND THAT AT LEAST TEN (10) BUSINESS DAYS IN ADVANCE OF
THE PRESENTATION OF THE SIGHT DRAFT FOR PAYMENT, THE
BENEFICIARY HAS PROVIDED TO THE APPLICANT, BY COURIER SERVICE
OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NOTICE OF THE
BENEFICIARY’S INTENTION TO DRAW FUNDS ON THIS LETTER OF CREDIT.
APPLICANT FAILED TO COMPLETE THE FOLLOWING: (LIST WHAT
APPLICANT FAILED TO COMPLETE)”; OR
B. “WE HEREBY CERTIFY THAT WE HAVE RECEIVED A NOTICE OF NON-
EXTENSION OR TERMINATION OF THIS LETTER OF CREDIT PRIOR TO THE
CURRENT EXPIRATION DATE OF , THAT APPLICANT’S OBLIGATIONS
TO THE BENEFICIARY REMAIN OUTSTANDING AND THAT WE HAVE NOT
RECEIVED A REPLACEMENT LETTER OF CREDIT IN A FORM ACCEPTABLE TO
US."; AND
2. THE ORIGINAL OF THIS LETTER OF CREDIT.
SPECIAL CONDITIONS:
PARTIAL DRAWINGS ARE ACCEPTABLE.
DRAFTS DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED “DRAWN UNDER
IRREVOCABLE STANDBY LETTER OF CREDIT NO. ______________ ISSUED BY JPMORGAN
CHASE BANK, N.A.”
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE SHALL
BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE
EXPIRATION DATE HEREOF OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST
THIRTY (30) DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND NOTICE TO YOU BY
CERTIFIED MAIL OR HAND DELIVERED COURIER, AT THE ADDRESS STATED ABOVE,
THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL
PERIOD.
WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION
AT OUR OFFICE AT 300 S. GRAND AVENUE, SUITE 480, LOS ANGELES, CA 90071
ATTN: STANDBY LETTER OF CREDIT DEPARTMENT BY COURIER OR CERTIFIED MAIL, ON
OR BEFORE THE EXPIRATION DATE AS SPECIFIED ABOVE.
PLEASE MAIL ALL DRAWINGS AND CORRESPONDENCE IN CONNECTION WITH THIS
STANDBY LETTER OF CREDIT, AT OUR OFFICE, JPMORGAN CHASE BANK, N.A. C/O
JPMORGAN TREASURY SERVICES, GLOBAL TRADE SERVICES, REGIONAL PROCESSING
CENTER AT 300 S. GRAND AVENUE, SUITE 480, LOS ANGELES, CA 90071 ATTN:
STANDBY LETTER OF CREDIT DEPARTMENT, MS. AGNES MARTINEZ, VICE PRESIDENT,
TEL NO. (213) 621-8076 OR JAY FERNANDO, OFFICER, TEL NO. (213) 621-8081.
CC Page 120
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W872-ATASCADERO -- 2413353.1
THIS LETTER OF CREDIT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OR
CONFLICT OF LAWS.
UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT
TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98), INTERNATIONAL CHAMBER
OF COMMERCE PUBLICATION NO. 590.
(BANK NAME)
__________________________
BANK OFFICER
***NOTE: IF THERE ARE ANY QUESTIONS IN REGARD TO ANY OF THE INFORMATION
THAT IS REQUIRED WITHIN THE LETTER OF CREDIT, PLEASE CONTACT THE LETTER OF
CREDIT DEPARTMENT AT (479)204-0337.
CC Page 121
ITEM NUMBER: C-2
DATE: 06/28/16
Atascadero City Council
Staff Report - Public Works Department
San Luis Obispo County Self-Help Local
Transportation Investment Plan
RECOMMENDATION:
Council adopt the Draft Resolution approving the San Luis Obispo County Self-Help
Local Transportation Investment Plan.
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 local, state, and federal transportation
funding together with the shifting of burden to local agencies to remediate regional and
statewide transportation deficiencies. Many California counties have already addressed
this funding challenge by passing similar measures and becoming Self-Help counties
making transportation funding even less of a prio rity 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.
On April 26, 2016, SLOCOG staff presented to the City Council a draft Transportation
Investment Plan to establish a dedicated local funding source to address special and
localized transportation needs. The Investment Plan outlines the specific projects and
programs to be funded by the revenue raised by the proposed tax, identifies a formula
distribution for local road repairs and transportation improvements , and includes
safeguards such as an oversight committee and maintenance of effort requirements to
ensure the funding from the tax is used in accordance with the approved transportation
project improvement and programs.
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ITEM NUMBER: C-2
DATE: 06/28/16
As part of the development of the Investment Plan, SLOCOG required the City to
identify key projects for the local transportation funding. Staff recommended three
general project categories:
1. Roadway maintenance, repair, and rehabilitation
2. Congestion management at key intersections
3. Bike /pedestrian improvements and connectivity
Following review and discussion of the draft Investment Plan, the City Council approved
staff’s recommended project categories and directed 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 ba llot for voter consideration. At
that meeting, Council also expressed a desire to see an investment plan that maximized
local control and requested that an additional Community Forum be held to solicit input
as to what types of projects would be desired from Atascadero constituents.
Since the April City Council Meeting, SLOCOG and City staff have been coordinating
details for the Final Transportation Investment Plan, Ordinance, and Safeguards. An
open house was conducted on Saturday, May 21, 2016 from n oon to 3:00 pm. The
open house was not well attended and no specific projects were identified that did not fit
into the three general project categories. In addition, the SLOCOG Board approved the
Self-Help Local Transportation Investment Plan on June 1, 2016 (attached) and directed
the Investment Plan and Measure materials be sent to member agencies for approval.
The most significant change between the draft and final Investment Plan relates to the
formula distribution, including:
1. Local Control distribution changed from 50% to 55% of total revenues.
2. 10% Community Enhancement requirement removed from Local Control funds.
3. Bike and Pedestrian Safety and Connectivity reduced from 15% to 10%.
4. Slight tweaks to Public Transportation requirements (Transit reduced from 7% to
6% and Mobility increased from 2% to 3%).
The above modifications would provide the City with an estimated $13.4 million in Local
Control transportation dollars over the nine-year tax duration to use on whichever
transportation related projects it desires. A maximum of one-percent of the annual
gross revenues provided by the measure can be used for administrative costs. The
only restriction to the Local Control funds is a 4% Safe Routes to School (SR2S)
requirement, comprising 8% of total Local Control, but the City still maintains the ability
to choose specific SR2S projects.
If the sales tax measure is ultimately approved by voters, the City will develop a capital
improvement plan for the proceeds. Specific projects and costs would be determined at
that time, similar to the process used for the City’s Measure F-14 funds.
CC Page 123
ITEM NUMBER: C-2
DATE: 06/28/16
Conclusion
SLOCOG has made modifications to address some of the City Council’s concerns
raised at the April meeting, including increasing the Local Control fund and removing
the 10% Community Enhancement requirement. The proposed measure would provide
Atascadero approximately $1.5 million annually for use on transportation related
improvements. At this time, staff recommends using the maj ority of this funding for
much needed roadway repairs, maintenance, and rehabilitation projects in order to
make progress toward improving the overall pavement conditions.
As part of a county-wide transportation tax ballot measure, each jurisdiction is asked to
adopt a resolution approving the proposed investment plan. Once the plan is approved
by jurisdictions representing a majority of the population in the incorporated a reas of the
County, the Board of Supervisors must vote to approve the Investment Plan and vote to
place the measure on the November ballot. Staff is recommending that Council adopt
the draft resolution approving the proposed investment plan.
At the June 28th meeting, SLOCOG staff will present specifics of the Final
Transportation Investment Plan and Sales Tax Measure materials, provide an update
on actions taken by other jurisdictions in the County, and be available to answer
questions from the City Council and public. If the Measure is placed on the November
ballot, a two-thirds approval from the voters is required.
FISCAL IMPACT:
There is no significant direct fiscal impact for the above recommendations. If the
SLOCOG ballot initiative is passed by the voters, the City is estimated to receive $1.5
million annually or $13.4 million over the nine-year term.
ALTERNATIVES:
The Council may choose to not adopt the resolution approving the 2016 San Luis
Obispo County Self-Help Transportation Investment Plan.
ATTACHMENTS:
1. Draft Resolution
2. SLOCOG’s Self-Help Local Transportation Investment Plan (dated June 1, 2016)
3. SLOCOG’s Self-Help County Efforts Report (dated June 1, 2016)
CC Page 124
ITEM NUMBER: C-2
DATE: 06/28/16
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING THE 2016
SAN LUIS OBISPO COUNTY SELF-HELP
TRANSPORTATION INVESTMENT PLAN
WHEREAS, available revenues, including funding from Local, State, and Federal
governments, are not adequate to support needed maintenance, upgrading or safety
improvements to the existing infrastructure or the construction of the new infrastructure that the
County and Cities anticipate will be needed to meet the demands of the future; and
WHEREAS, the State of California has shifted the burden for funding transportation
related repairs, maintenance, and improvements to cities, counties, and other local entities
including the burden to fix highway infrastructure under the jurisdiction of the State of
California; and
WHEREAS, the road, transportation and circulation systems within the cities and
unincorporated areas of San Luis Obispo County are of regional concern and the quality of such
systems have a direct impact on residents, visitors and tourism, agriculture, business, industry
and the general economy within the county; and
WHEREAS, the San Luis Obispo Council of Governments Board has developed the
2016 San Luis Obispo County Self-Help Transportation Investment Plan pursuant to the
authority of Public Utilities Code Section 180206; and
WHEREAS, the San Luis Obispo County Self-Help Transportation Investment Plan was
guided by outreach efforts including over 70 meetings and presentations, a statistically valid
phone survey, four focus groups, and review, input, and support to continue these efforts in April
and May 2016 from all seven cities and the County Board of Supervisors; and
WHEREAS, the San Luis Obispo County Self-Help Transportation Investment Plan and
Ordinance was introduced by the governing body of the San Luis Obispo Council of
Governments on June 1, 2016; and
WHEREAS, the detailed, 9-year San Luis Obispo County Self-Help Transportation
Investment Plan will: generate revenue, of which 55% will be specifically and solely for local
projects selected by local agencies, provide additional funds for need-based, point-to-point
transportation services for seniors, veterans and persons with disabilities, better leverage state
and federal funds to support local projects, create jobs that support economic development
CC Page 125
ITEM NUMBER: C-2
DATE: 06/28/16
ATTACHMENT: 1
through regional projects that account for 25% of revenue generated, establish an Independent
Taxpayer Oversight Committee to ensure that all funds are spent consistent with the voter-
approved investment plan, and collect over half of the total revenue from visitors who use our
local streets and roads; and
WHEREAS, the interests of San Luis Obispo County and its residents and businesses
will benefit by the implementation of the 9-year San Luis Obispo County Self-Help
Transportation Investment Plan.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby approves the 2016 San Luis Obispo County Self-
Help Transportation Investment Plan introduced by the San Luis Obispo Council of
Governments on June 1, 2016.
On motion by Council Member ______________________, and seconded by Council
Member ______________________, the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: ______
Tom O’Malley, Mayor
ATTEST:
________
Marcia McClure Torgerson, C.M.C, City Clerk
APPROVED AS TO FORM:
________
Brian A. Pierik, City Attorney
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www.selfhelpslo.org
FPO
[insert measure name/ letter]
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State and federal transportation funding has dropped severely in recent years, with once dependable funds
becoming increasingly unreliable. Transportation’s primary fund source, the gas tax, hasn’t been raised in
20 years and our cars are more fuel efficient than ever. Therefore, revenues available to operate, maintain
and improve our local transportation system have not kept up with the needs of our community. Over the
next decade, SLO County’s population will continue to grow and our senior population will almost triple.
This means without new funding San Luis Obispo County will have increased congestion, increasingly
deteriorating roadways and fewer and more costly transportation services.
A new, reliable source of transportation funding is needed
to maintain our communities and quality of life.
San Luis Obispo County voters are being asked to approve a 9-year, ½ cent sales tax to address these needs.
Twenty other counties in California have already approved similar ballot measures making them ‘Self-Help’
Counties. With these voter-approved local transportation funds, Self-Help Counties are able to maintain
and improve their transportation systems. They are also more successful in competing for funding and
leveraging a larger share of state and federal dollars. Self-Help funds generated must stay local and can only
be spent on transportation.
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The San Luis Obispo County Self-Help Local Transportation Investment Plan was developed through a
comprehensive public outreach program that asked residents to identify their priorities for future
transportation programs and projects. Outreach included over 75 meetings with community organizations
and leaders representing diverse viewpoints. Additionally, a series of focus groups representing the
southern, northern and central portions of the county, plus the north coast were conducted along with a
statistically valid phone poll. The Plan has been approved by the San Luis Obispo Council of Governments,
all seven cities in the region and the County Board of Supervisors.
Self-Help in SLO County:
• Generates $25 million new dollars per year to fix our roads and improve transportation, half of
which would be paid for by visitors to our county
• Can only be used for local projects and transportation priorities
• Prohibits Sacramento from taking possession of these locally generated funds
• Allows SLO County to compete for State and Federal grants and leverage funds, thereby increasing
revenues
• Delivers a Transportation Investment Plan with a list of projects and programs
• Includes an Independent Taxpayer Oversight Committee to ensure projects and programs in the
Plan are actually funded and/or completed
INTRODUCTION
Local Control
55%Bike & Pedestrian
Safety and
Connectivity
10%
Public
Transportation
10%
Regional Projects
25%
1% max in administrative costs off the top
9-Year Proposed Investments
Arroyo Grande $ 8.5 M
Atascadero $ 13.4 M
Grover Beach $ 6.8 M
Morro Bay $ 5.6 M
Paso Robles $ 13.9 M
Pismo Beach $ 4.5 M
San Luis Obispo $ 20.2 M
Unincorporated $ 50.9 M
South County $ 20.0 M
Central County $ 17.5 M
North County $ 17.5 M
North Coast $ 1.0 M
South County $ 5.6 M
Central County $ 5.6 M
North County $ 5.6 M
North Coast $ 5.6 M
Transit $ 13.5 M
Seniors, Veterans,
Persons w/ Disabilities $ 6.75 M
Transportation Demand
Management $ 2.25 M
“84% of Californians live in a Self-Help County”- Self-Help Counties
Coalition
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Revenue Estimates and Distribution: Over the course of the 9-year plan, $225 million dollars
will be generated for local transportation investments. Most projects will be funded by a mix of funding
sources, using the locally generated sales tax revenues to leverage state and federal funding sources.
Allocation of Self-Help revenues is established within this Plan. The estimated revenue and allocation
among categories is based upon 2016 value of money and is not binding or controlling. Transportation sales
tax funds shall be allocated by percentage of the actual revenue received.
This funding will serve as an investment that will leverage future local, state and federal funding. Funds
would be used for all phases of project implementation, including: planning, environmental, permits, and
design, right-of-way, and/or construction capital and operations projects. State and federal fund sources
that may also be used to implement transportation projects and programs in the next decade include
the State Regional Transportation Improvement Program (regional-estimate $25M), Inter-regional
Transportation Improvement Program, Fixing America’s Surface Transportation (FAST) Act Freight and
Highway Projects Program, Congestion Mitigation Air Quality (regional-estimate $15M), Regional Surface
Transportation Program Funds (regional-estimate $10M), and Local Funding (e.g. developer fees, general
funds, and Measure “Local Control” funds).
9-YEAR PLAN TOTALING $225 MILLION Percent of
Funds
Fund
Allocation
($ millions)
Local Control Funds controlled by local jurisdictions with at least 4% for
Safe Routes to School 55%$123.8
Arroyo Grande 6.9%$8.5
Atascadero 10.8% $13.4
Grover Beach 5.5% $6.8
Morro Bay 4.5% $5.6
Paso Robles 11.2% $13.9
Pismo Beach 3.7% $4.5
San Luis Obispo 16.3% $20.2
SLO County 41.1% $50.9
Regional Projects
• Shell Beach/Pismo Beach congestion relief on
US 101 South
• Safety and congestion relief in south SLO City area
(Prado & Hwy 227)
• North County 101 and 46E congestion relief
• North Coast Highway 1 improvements
25%$56.2
Bike & Pedestrian
Safety and Connectivity
Regional connectors including:
• City-to-the-Sea/Bob Jones
• Atascadero/Templeton Connector
• Morro Bay/Cayucos Connector
• Plus local bike/ped improvement program
10%$22.5
Public Transportation
Transit (6%); Improved mobility for Senior, Veterans,
Persons w/Disabilities (3%); Transportation Demand
Management (1%)
10%$22.5
TOTAL 100% $225
Note: Dollar amounts shown in millions reflect
amount from a ½ cent sales tax generating $25M/
year for 9 years; while percent per category would
not change, actual amount generated by a local
sales tax per year would fluctuate based on local
retail sales.
Local Control distributed by formula of
$150k base per jurisdiction, plus share
of regional population
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SAN LUIS OBISPO COUNTY
£¤101
£¤101
= Incorporated Area (7 Jurisdictions)
= Unincorporated Area (SLO County,
including 10 communities)
KEY
PACIFIC OCEAN
SAN LUIS OBISPO
COUNTY
LOCAL CONTROL ALLOCATION BY JURISDICTION
Grover Beach
Pop. 13,144
Allocation $6.8M
Arroyo Grande
Pop. 17,428
Allocation $8.5M
Morro Bay
Pop. 10,284
Allocation $5.6M
San Luis Obispo
Pop. 45,802
Allocation $20.2M
Oceano
Community Projects +
$2.5M Maintenance
Los Osos
Community Projects +
$2.5M Maintenance
Nipomo
Community Projects +
$3.0M Maintenance
Santa Margarita
Community Projects +
$500K Maintenance
Avila Beach
Community Projects +
$500K Maintenance
Atascadero
Pop. 29,169
Allocation $13.4M
Pismo Beach
Pop. 7,711
Allocation $4.5M
Cayucos
Community Projects +
$500K Maintenance
Cambria
Community Projects +
$1.0M Maintenance
Templeton
Community Projects +
$1.0M Maintenance
Paso Robles
Pop. 30,522
Allocation $13.9M
Shandon
Community Projects +
$500K Maintenance
San Miguel
Community Projects +
$500K Maintenance
!
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!
!
!
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Local Control, 55%, $123,750,000
Formula based upon $150k base per jurisdiction with balance
allocated by population, and modified in 2022 with new
population percentages
Recognizing that local streets are the backbone of our
transportation system, this Plan provides funds to local cities
and San Luis Obispo County, distributed primarily based on
2015 population to support local roads. These funds may
be used for used for any transportation purpose at the
discretion of each jurisdiction such as, road and pothole
repair, sidewalks, bridge and seismic safety investments,
local match funding for highway improvements and public
transit.
Based on local jurisdiction priorities, 4% of the total Revenues
collected will be used for Safe Routes to Schools and Colleges. Safe Routes to School funds promote the
safety and health of children by funding projects and encouragement programs that improve bicycle
and pedestrian access and safety near or to schools and colleges.
Local jurisdictions are also encouraged to use these funds for community enhancements such as
improvements to downtown areas, additional pedestrian and bike paths, wayfinding, lighting, street or
median trees and other local enhancements.
Every city and community has identified specific projects they want funded in this Plan.
Allowable uses for the Local Control funding category include:
THE PLAN: LOCAL CONTROL
• Roadway drainage facilities,
• Traffic signal coordination, intersection and
channelization,
• Traffic management,
• Landscaping Maintenance,
• Reduced transit fares for seniors, veterans,
students, and persons with disabilities,
• Education and incentives designed to reduce
single occupant auto trips,
• And other transportation purposes as allowable
under the Surface Transportation Program.
• Maintaining, improving or constructing
streets, roads, bridges, and bicycle and
pedestrian facilities,
• Community Enhancements, such as downtown
streetscapes, transportation enhancements,
wayfinding, and accessibility improvements,
street lighting, street furniture and trees,
• Safety Improvements,
• Bus and rail transit services and support facilities,
• Programs that reduce transportation demand,
• Storm damage repair to transportation facilities,
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Projects selected through public engagement by each jurisdiction include:
LOCAL CONTROL CITY ALLOCATIONS, TOTAL $72.6M
ARROYO GRANDE, TOTAL $8.5M
Street maintenance and repair; Congestion relief and operational improvements: E. Branch/E.
Grand area, Halcyon Corridor improvements; Operational and bike/pedestrian safety
improvements at E. Branch/Crown Hill/Huasna
ATASCADERO, TOTAL $13.4M
Street maintenance, repair and rehabilitation; Congestion management at key intersections;
Bike/Pedestrian safety improvements and connectivity
GROVER BEACH, TOTAL $6.8M
Repair and maintenance of local major streets; Grand Avenue Enhancements; Sidewalk infill and
accessibility improvements; Gateway entry and Wayfinding Signs; Grover Beach bike paths per
Bike Master Plan
MORRO BAY, TOTAL $5.6M
Local street reconstruction, rehabilitation and repair
PASO ROBLES, TOTAL $13.9M
High-priority street repair, maintenance and reconstruction; Union Road and Golden Hill
intersection improvements; other high-priority traffic and intersection improvements;
congestion management
PISMO BEACH, TOTAL $4.5M
Street maintenance and repair; Local interchange/intersections improvements; Boardwalk
extension; Downtown, Shell Beach, and other streetscape and pedestrian improvements
SAN LUIS OBISPO, TOTAL $20.2M
Roadway Repair & Maintenance: Madonna, Foothill, Los Osos Valley Road, Grand Ave; Broad
Street Corridor Improvements; Bike and Pedestrian Improvements; Safe Routes to School
projects
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LOCAL CONTROL SLO COUNTY ALLOCATION, TOTAL $50.9M
Community Projects Additional Maintenance Funding
Avila Beach • Pedestrian and Parking Improvements
Plus additional
maintenance funding of
$500,000
Cambria • Burton Drive Pedestrian Path
Plus additional
maintenance funding of
$1,000,000
Cayucos • Ocean Avenue Downtown Pedestrian
Improvements
Plus additional
maintenance funding of
$500,000
Los Osos • Los Osos Valley Road Multi-Use Path
• El Moro Avenue Path
Plus additional
maintenance funding of
$2,500,000
Nipomo
• Orchard-Tefft-Hazel Ped Improvements
• Tefft Street Operational Interchange
Improvements
• Olde Towne Nipomo Streetscape
• Los Berros and Dale Ave left turn lane
Plus additional
maintenance funding of
$3,000,000
Oceano • Front Street Enhancements
• 17th Street Pedestrian Improvements
Plus additional
maintenance funding of
$2,500,000
San Miguel • Mission Street Sidewalk Improvements
• Tenth Street Sidewalk Improvements
Plus additional
maintenance funding of
$500,000
Santa Margarita • Safe Routes to School Pedestrian Path
Plus additional
maintenance funding of
$500,000
Shandon • San Juan Creek Pedestrian Bridge and
Pedestrian Path
Plus additional
maintenance funding of
$500,000
Templeton
• Theater Drive Bike Lanes
• Florence St. sidewalks
• Bethel/Vineyard signalization
• Las Tablas Operational Interchange
Improvements
Plus additional
maintenance funding of
$1,000,000
All
• Regional roadways improvements,
such as intersection improvements on
Highway 227 and Los Ranchos
Plus additional
maintenance funding of
$20,500,000
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PACIFIC OCEAN
REGIONAL FUNDING DISTRIBUTION
North Coast
$1.0M Regional Projects
$5.6M Bike & Pedestrian
Safety and Connectivity
Central County
$17.5M Regional Projects
$5.6M Bike & Pedestrian
Safety and Connectivity
South County
$20.0M Regional Projects
$5.6M Bike & Pedestrian
Safety and Connectivity
North County
$17.5M Regional Projects
$5.6M Bike & Pedestrian
Safety and Connectivity
Regionwide Public Transportation
$13.5M Transit
$6.75M Seniors, Veterans and
Persons w/ Disabilities
$2.25M Transportation Demand
Management
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Regional Highway and Major Roadway Projects, 25%, $56,250,000
These funds would be used for planning, project development,
right-of-way, and/or construction of major corridor, capital
projects. Proposed regional projects are at different stages
of implementation. Improvements in the South and Central
County are at a higher level of planning and design than
project improvements planned for the North County.
Sub-regional allocation targets are based on general
population, need for improvement(s), and project(s)
readiness over the nine-year time horizon. This funding will
serve as an investment that will leverage future local, state
and federal funding. Allocation targets are also based on
factors such as location of employment centers and housing,
and the net impact to related transportation facilities.
South County - Highway 101 congestion relief and
interchange improvements - $20M:
Highway 101 in the Shell Beach/Pismo Beach area and interchanges in the South County area are
experiencing increasing congestion during peak traffic hours and heavy summer/seasonal and
weekend events. The traffic flow is easily disrupted by access movements at ramps or lane drops near
ramp connections, including the truck lane merging. Potential improvements include: adding lanes,
extending and consolidating on/off ramps, and improving interchanges.
THE PLAN: REGIONWIDE
PROJECT BENEFITS:
• Improves safety and relieves peak hour and
summer traffic congestion on US 101
• Reduces congestion and the disruption of
mainline traffic flow and increases safety at
local interchanges
• Improves access for local residents and visitors
• Supports regional travel, goods movement and
our economy
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Central County- Congestion relief and safety improvements - $17.5M:
Funding is recommended in the Measure to address emerging traffic congestion in two areas: Southern
San Luis Obispo arterials, intersections and freeways ($9.5M); and Highway 227 south of the airport to
Los Ranchos Road ($8M).
Southern San Luis Obispo City is experiencing increasing traffic on its east-west connector routes
impacting all intersections and the adjacent Madonna Road and Los Osos Valley Road interchanges.
Due to a lack of east-west and north-south road connections, the existing roadways in the south SLO
City area must bear the burden of local and regional traffic, and increasing congestion. Funding will be
matched with local developer fees to improve traffic operations in congested areas.
Highway 227, which serves as an alternative to
Highway 101 during congested periods, is experiencing
increased traffic volumes. Traffic counts showed a 30%
increase in traffic from 2005 to 2013, and, over the next
20 years, further increases of 25%-35% in peak hour
and daily traffic are projected. Residents of this area
have access issues and serious safety concerns during
peak-hour congestion. Funding will implement a plan
to improve the traffic flow between the Airport and Los
Ranchos Road.
PROJECT BENEFITS:
• Improves East-West and North-South
connections within the City of San Luis Obispo
• Provides traffic operations improvements at
intersections that relieve congestion
PROJECT BENEFITS:
• Provides traffic congestion relief, and
eliminates stop and go traffic
• Improves safety at intersections
• Improves access to SLO Regional Airport
• Includes safe bicycle and pedestrian
improvements
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North County - Highways 101 and 46E congestion relief - $17.5M: *
Highways 101 and 46 in the North County are experiencing minor problems today, but worsening in
the near future. For some interchanges, a safety improvement with a longer ramp or a wider ramp with
additional turn lanes would improve operations (Las Tablas, 46E), others have recurring congestion
at the interchanges (Traffic Way, Curbaril, Main Street, Santa Rosa, 46W). At-grade crossings where
vehicles must cross multiple high speed lanes to turn left onto or from Highway 101 pose another
safety issue on the corridor (Wellsona). A similar issue
exists on 46E at several intersections.
Funds would be used for planning, project development,
and construction of capital projects on the corridor, on
parallel routes, and for key interchanges in Atascadero,
Templeton, and Paso Robles. Improvements will be
selected based on their contribution to improving
system reliability, safety, reducing congestion, cost, and
local funding contributions.
North Coast Highway 1 improvements - $1M:
These funds would be to augment existing funding to
construct an improvement to reduce the congestion,
pedestrian conflicts, and improve safety at the 41/1/Main Street intersection in Morro Bay.
PROJECT BENEFITS:
• Improves congestion and highway access
at interchanges
• Improves safety and access for local residents
and our growing tourist economy
• Creates safe, improved bicycle and pedestrian
features at congested interchanges
PROJECT BENEFITS:
• Improves major congested
interchange
• Provides safe connection from
neighborhood to Morro Bay High
School across Highway 1
* Subregional dollar amounts may not total full amount
due to rounding. Actual dollars will be distributed based on
percent share.
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Bike & Pedestrian Safety and Connectivity
Program, 10%, $22,500,000
The following proposed bike and pedestrian improvements
are at different stages of implementation. Funds would be
used for planning, project development, right-of-way, and/
or construction of capital projects. Leverage of other local,
state, and federal funding may require improvements to be
phased, yet provide independent utility.
Funding in this program is equitably divided by the four
sub-regions of the county. Improvements will be selected
based on project readiness, cost, benefits and ability to
leverage state, regional and federal funds.
South County - $5.6M
• Highway 1 bike and pedestrian improvements
(Pismo Beach to Oceano)
• Coastal Trail Boardwalk, extend Grover Beach
Boardwalk to Grand Ave
• Other regional bikeway improvements
Central County - $5.6M
• City to the Sea / Bob Jones Multi-use Path
(SLO to Avila Beach)
• Other regional bikeway improvements
North County - $5.6M
Intercommunity Bikeway Improvements: including
• The Atascadero/Templeton Connector;
• Templeton to Paso Robles roadway improvements
(Main Street and Theater Drive)
• Highway 41 bike and pedestrian improvements
between 101 and San Gabriel Road.
• Other regional bikeway improvements
North Coast - $5.6M
• Coastal Trail: Morro Bay to Cayucos pathway
• Other regional bikeway improvements
Other Regional Bikeway and Shoulder Improvement Programs
Within each sub region, additional projects may receive funding through a competitive grant process to
expand and improve the regional bicycle and pedestrian facilities network. Local cities and the County
would be eligible to compete for funding or cosponsor with other agencies or districts. Funds would be
used for planning, project development, and construction of capital projects, and education programs.
Eligible projects include, but are not limited to: new and extended bike routes and pedestrian paths
connecting communities, eliminating gaps and missing links in the regional network, and improving
high use rural roads with wider shoulders.
PROJECT BENEFITS:
• Provides safe connections
between residential areas,
schools, work place, regional
parks and city services
• Enhances property values
along the corridors
• Provides community health
benefits from active
transportation alternatives
• Creates economic benefits from
associated retail, hospitality,
and competitive events.
* Subregional dollar amounts may not total full
amount due to rounding. Actual dollars will be dis-
tributed based on percent share.
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Public Transportation, 10%, $22,500,000:
This Plan provides approximately $22.5 million for our local
and regional public transportation system preservation
and improvements. This includes funding for transit,
point-to-point improvements for seniors, veterans and
people with disabilities; and, support of Transportation
Demand Management programs and projects that are
meant to be a low cost alternative to system efficiency
improvements.
Transit - 6%
The goal of this program is for system preservation and
improvement. Three quarters, 75% ($1,125,000/year) of
this apportionment would go to fixed route operators by
formula, based on 40% revenue hours, 40% riders, 20%
passenger miles; and, one-quarter, 25% ($375,000/year)
for capital grants. Recommended uses may include: New
routes, enhancing existing services, express service, night/
weekend services, buses, bus shelters and/or other capital
improvements.
Mobility for Seniors, Veterans and Persons with
Disabilities - 3%
This funding ($750,000/year) provides funds for local
solutions to the growing transportation needs of older
adults, veterans, and people with disabilities. Funds will
be provided to Dial-a-Ride operators via a formula, and
specialized transportation services mandated by the
Americans with Disabilities Act (ADA). In addition, funds
will be provided for local programs aimed at improving
mobility for seniors, veterans, and persons with disabilities
via point to point services.
Transportation Demand Management - 1%
This funding ($250,000/year) provides funds for low cost
deployment, monitoring and promotion of alternative
transportation choices (other than driving alone) programs
and projects such as first/last mile solutions (shuttles, taxi
subsidies, park and ride lots, et al) that encourage transit
use, vanpool and carpools promotion and programs,
intelligent transportation systems investments, additional
support of the employer commute program and Safe Routes
to School non-infrastructure public outreach and advocacy.
PROJECT BENEFITS:
• Triples regional investment in
senior and veteran
transportation options
• Supports independent travel by
people with disabilities
• Provides more reliable senior and
veteran transportation options
• Supports more cost effective
solutions to system wide
congestion issues
• Includes funding for system
preservation
• Increases frequency and span of
service for fixed route system
• Reduces greenhouse gas
emissions
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This Transportation Investment Plan includes strong taxpayer safeguards to ensure that the projects and
programs approved by the voters are funded and delivered.
Independent Taxpayer Oversight Committee: This committee will be created to provide an
enhanced level of accountability for expenditures made under this investment plan to ensure that
all voter mandates are carried out and that the financial integrity and performance of the program is
maintained.
Annual Independent Audit and Annual Reporting: Annual fiscal and compliance audits will
be conducted by a CPA, selected by the Independent Taxpayers Oversight Committee, to assure that the
revenues expended are necessary and reasonable. The audit’s results and annual report must be published
and made available to the general public.
Sunset Date: This measure terminates in 9 years.
1% Administrative Expense Cap: Expenditures on staff salaries, wages, benefits and overhead
necessary to administer the program will be limited to no more than one percent of the annual gross
revenues provided by the measure.
No revenue generated from this tax shall be used to replace fair share contribution
from new development: Revenues provided from this measure shall not be used to replace private
developer funding that has been or will be committed for any project to help alleviate the direct traffic
impacts of any new or redeveloped residential, commercial or industrial development in San Luis Obispo
County or its cities.
Eligibility Verification: The cities and County will select transportation projects that meet eligibility
criteria as identified in this Plan. The local jurisdictions will certify in the annual verification submitted
to the San Luis Obispo Council of Governments that these transportation funds were used for eligible
expenses.
Maintaining Local Transportation Funding Efforts: The local jurisdictions will certify in the annual
verification submitted to San Luis Obispo Council of Governments that these transportation funds will be
used to augment and not supplant local resources spent. For purposes of this calculation an average of the
prior three (3) years spent for local transportation purposes as defined in the Ordinance will be used.
Strategic Plan: SLOCOG will prepare and adopt a Strategic Plan within twelve months of the sales tax
taking effect. The Strategic Plan will include project cost estimates, revenue estimates, other matching
funds, and a draft timeline for regional project delivery. Its prime purpose is to clarify program and
project costs, schedule, financial plans and project readiness to expedite project delivery and to
allow projects that are ‘ready’ to proceed forward within the parameters of this Investment Plan.
SAFEGUARDS BUILT INTO THE PLAN
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SLOCOG is an association of local governments representing all seven cities and the County of San
Luis Obispo that brings creative, big-picture solutions to transportation in the San Luis Obispo region.
SLOCOG builds consensus, makes strategic plans and obtains and allocates funding and resources
for to regionally significant transportation projects and oversees regional land use modeling and the
determination of regional housing needs. By allocating federal and state funds and planning for the
future, SLOCOG connects our communities by facilitating the collaboration of all levels of government,
interested parties, and residents toward a common goal.
This plan was developed in partnership with the following member jurisictions of the San Luis Obispo
Council of Governments:
ABOUT THE PLAN
www.selfhelpslo.org
Appendices:
Independent Taxpayer Oversight Committee
(attachment B), Plan Administration and
Implementing Guidelines (Attachment C).
FOR MORE INFORMATION
Contact the San Luis Obispo Council of Governments to inquire about the Measure process, discuss the
candidate projects and programs contained within this Plan, or to inquire about the next steps in the
Measure process.
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Attachment B:
Independent Taxpayer Oversight Committee
Voter approval of this Measure shall result in the creation of the Independent Taxpayer Oversight Committee
(Committee).
Committee Purpose and Responsibilities
To select, and have access to, a professional auditor to conduct the fiscal and compliance audits of
expenditure of all Measure funds, under the competitive procurement rules of SLOCOG and with the
active involvement of the SLOCOG Executive Director. No professional audit firm shall conduct
more than four consecutive fiscal audits during the course of the Measure.
To receive, review, inspect, and recommend action on independent annual fiscal and compliance
audits related to the Measure to ensure that all revenues and expenditures are spent by SLOCOG in
accordance with all provisions of the voter-approved Plan and Ordinance.
To annually present Committee recommendations, findings, and requests to the public and SLOCOG
in a formal annual report to inform San Luis Obispo County residents how funds are being spent.
To receive, review, and recommend action on other periodic reports, studies and plans from
responsible agencies. Such reports, studies and plans must be directly related to Measure
programs, revenues, or expenditures.
Membership and Selection Process
The Committee will consist of 13 members. The Committee is designed to include an appropriate balance of
transportation users representing the geographic, social, cultural, and economic interests in the county. The
Committee will be designed to reflect the diversity of the county and include members with demonstrated
experience in the field of transportation, finance, business, or construction.
All members should fulfill the requirements of:
Commitment and ability to participate,
Demonstrated interest in community activities and special emphasis on transportation-related
activities,
Lack of conflicts of interest.
The membership selection and composition will be:
1- One representative from a major private sector San Luis Obispo County employer, nominated by
the San Luis Obispo County Economic Vitality Commission.
1 - One representative representing bicyclists and pedestrians, nominated from 4-member committee
with 2 representatives from the San Luis Obispo Bicycle Club and 2 representatives from Bike
SLO County,
1 - One representative representing transit, nominated from a 4-member committee with 1
representative from the San Luis Obispo Mass Transit Committee, 2 representatives from the
Regional Transit Advisory Committee, and 1 representative from the Social Services
Transportation Advisory Committee.
1 - One representative nominated by a labor organization.
1 - One representative nominated by the Home Builders Association.
8 - One representative from each city (7) and the county (1); selection to be determined by the local
governing board. SLOCOG encourages nominations from the local citizen oversight committees
(if one exists) or citizens at large.
An open application process will be held with reviews by the appropriate agency to address any lack of
member nominations or appointments. Final appointments will be made by the SLOCOG Board.
Committee Formation
The Committee will be formed within seven (7) months upon approval of the Measure by the voters
of San Luis Obispo County in November 2016 and continue as long as Measure funds from this
authorization are made available.
The Committee shall not be amended out of the Plan.
Eligibility
U.S. citizen 18 years of age or older, registered voter, who resides in San Luis Obispo County.
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Not an elected official at any level of government.
Not a public employee at any State, County, local transit operator, or local city agencies.
Must submit an annual statement of financial disclosure consistent with Fair Political Practices
Commission (FPPC) rules and regulations and filed with SLOCOG.
Must not have a contract for services with SLOCOG during their tenure on the Committee.
Terms and Conditions
Terms of membership will be for four (4) years. No member may serve more than 8 consecutive
years.
Any member may, at any time, resign from the Committee upon written notice delivered to the Chair.
Acceptance of any public office, the filing of intent to seek public office, including filing under
California Government Code Section 85200, or change of residence to outside the region, shall
constitute a Member’s automatic resignation.
Any member who has three consecutive unexcused absences from meetings of the Committee shall
be removed as a Member. Any absence shall be considered unexcused unless, prior to or after
such absence (1) the Member submits a written request to other Members to excuse such absence,
and (2) a majority of the other Members agree to excuse such absence.
This is a volunteer position and no monetary compensation will be paid to Committee members.
In an effort to maintain Committee member consistency, during the first two (2) years of the
Committee, terms will be staggered with half of the members to serve a two-year term, the remaining
members will serve a four-year term. The length of the first terms will be determined via random
selection.
Proxy voting will not be permitted.
The Committee shall select a Chair and Vice Chair from the members to serve a one (1) year term.
The duties of the Chair will be to call meetings, set agendas, and preside over meetings.
The duties of the Vice Chair will be to perform the same duties described above in the absence of
the Chair.
Committee Meetings
The Committee will hold one formal meeting annually, with additional meetings scheduled as needed
by the Committee.
All Committee meetings must be held in compliance with the Brown Act.
All meetings will be conducted per “Robert’s Rules of Order.”
A quorum will be no less than 7 members of the Committee.
An action item of the Committee may be approved by a simple majority of those present, as long as
the quorum requirement is met.
The Committee may elect to form subcommittees to perform specific parts of its purpose. All
subcommittees shall have an odd number of members.
Staffing
SLOCOG will staff the Committee and provide technical and administrative assistance to support
and publicize the Committee’s activities.
SLOCOG services will be paid using the Transportation Measure Administration revenues.
SLOCOG, with the direct participation of the Committee, shall hold publicly noticed meetings, which may or
may not be part of a regularly scheduled Board meeting, to consider the findings and recommendations of
the audits. A report of the findings and recommendations of each audit by the Committee shall be made
readily available to the public in print and on SLOCOG’s website.
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Attachment C:
Plan Administration and Implementing Guidelines
Governing Board and Organizational Structure
The San Luis Obispo Council of Governments (SLOCOG) was designated as the San Luis Obispo County
Local Transportation Authority on April 19, 2016 by the San Luis Obispo County Board of Supervisors, in
compliance with Public Utilities Code 180000 et seq. If the Measure is approved by San Luis Obispo County
voters in November 2016, SLOCOG will be responsible for administering the Measure programs in
accordance with plans and programs outlined in the San Luis Obispo County Self-Help Local Transportation
Investment Plan.
The SLOCOG Board is comprised of twelve (12) members including:
Five (5) members of the Board of Supervisors
One (1) member representing each of the seven cities in San Luis Obispo County: Arroyo Grande,
Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo consisting
of members of the city council appointed by the city council.
In accordance with Public Utilities Code commencing with 180100, acting as the SLOCOG, a chair person
and vice chairperson must be annually designated, rules for its proceedings adopted, annual budget
adopted, and all meetings conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code.
For the number of processes that SLOCOG must also perform to support the Plan, it is recommended that
SLOCOG be allocated 1% of transportation sales tax revenue to address the essential activities described
below:
Prepare Annual Work Elements, Program, and Budget;
Prepare the Strategic Plan every two years;
Develop the priority list of Measure projects for regionally allocated funding;
Conduct an annual independent fiscal and compliance audit of Measure programs and funds;
Conduct an on-going public information program including annual reporting of Measure
expenditures;
Develop and maintain the required agreements;
Allocate Measure proceeds to the local jurisdictions consistent with the Plan requirements;
Implementing Guidelines
In compliance with schedules mandated in federal and state law, SLOCOG regularly updates the long-range
Regional Transportation Plan (RTP) that updates and renews a list of candidate projects for all
transportation modes (streets, highways, public transportation, bikeways, pedestrian, aviation, etc.). If funds
are available for any projects (Regional Projects, Bike & Pedestrian Safety and Connectivity, Public
Transportation programs) beyond those now listed in the Plan, they will be drawn from that list for SLOCOG
approval within the Strategic Plan. If funds are available for any projects (Local Control program) beyond
those now listed in the Plan, they will be submitted by the appropriate agency to SLOCOG, as described
under the Strategic Plan.
Measure funds will be based on a “pay as you go” system; SLOCOG will not issue bonds to deliver projects
and programs contained in the Plan, but may advance local or regional transportation projects to reduce
project costs by delivering them earlier, if a guaranteed and timely source of funding is identified and
provided that the advancement will not interfere with the delivery of other programs or projects defined in the
Plan. SLOCOG may also consider the use of Tax Revenue Anticipation Notes to advance projects.
Strategic Plan
All of the projects and programs included in the Plan are considered essential to meet the transportation
needs of San Luis Obispo County and its Cities. The Strategic Plan will be the master document for delivery
of the Plan projects and programs and may be amended by a majority vote of SLOCOG. However,
amendment of the Strategic Plan shall not serve to amend provisions of the San Luis Obispo County Self-
Help Local Transportation Investment Plan. The purposes of the Strategic Plan are to identify: the priority for
projects and dates for project implementation (based on scope, cost, schedule, and ability to generate
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leveraged funds of each project), accomplishments and critical issues, details the revenue projections and
possible financing tools needed to deliver the Plan.
After holding a public hearing, each local jurisdiction shall annually adopt by resolution a five-year program
of projects including information about each of the projects to be funded with Local Control Program
revenues allocated according to the Plan. Local agencies shall submit their program of projects in a format
specified by SLOCOG and shall include project location, scope, schedule, cost and funding sources to
ensure that the program can be easily understood by members of the public. The program of projects shall
also include a detailed description of local jurisdiction expenditures of Local Control Program funds from the
most recently completed fiscal year, including expenditures for Safe Routes to School as defined in the Plan.
Each year, SLOCOG will adopt an annual budget that projects expected sales tax receipts; other anticipated
revenues and planned expenditures for administration, and the local jurisdictions’ programs and projects for
inclusion in the Strategic Plan.
SLOCOG will also prepare the Strategic Plan, biennially, synchronized with SLOCOG’s Regional
Transportation Improvement Program (RTIP). Both Local and Regional project descriptions will be detailed
and fully defined for inclusion, and will seek to provide geographic equity in overall funding allocations. It will
be vital during development of each Strategic Plan to consider including financing for all transportation
modes in order to ensure a balanced and efficient transportation system. Both the budget and the Strategic
Plan will be adopted at a public meeting of SLOCOG. Expenditures may be made on projects using Local
Control program funds only if they are included in SLOCOG’s most recently adopted Strategic Plan. The
following steps will be taken by SLOCOG to prepare and adopt the Strategic Plan:
Each agency shall conduct a local public hearing and adopt a Resolution in support of the proposed
program of projects prior to submitting the project list to SLOCOG.
Each agency shall annually develop and submit to SLOCOG a five-year program of projects to be
funded with revenues made available from the Local Control program.
SLOCOG staff working with member agencies and affected stakeholders will develop the initial
Strategic Plan by June 15, 2017. Subsequent updates will be developed in conjunction with the
biennial RTIP.
The SLOCOG Board receives the initial Strategic Plan, and its subsequent updates, and schedules
public hearings for review.
The SLOCOG Board adopts the Strategic Plan.
SLOCOG may amend the Strategic Plan to account for unexpected revenues, to take into
consideration unforeseen circumstances, or to revise with the locally approved program of projects.
Other Requirements and Principles
This plan is guided by principles that ensure that the revenue generated by the transportation sales tax is
spent in the most efficient and effective manner possible, consistent with the desires of the voters of San
Luis Obispo County and its Cities. Accountability is of utmost importance in delivering public investments
with public dollars. SLOCOG is committed to transparency and accountability as a public agency. The
principles outlined in this section provide flexibility needed to address issues that may arise during the life of
the Plan.
Transparency and Accountability
1. Funds only Projects and Programs in the Plan: Revenues shall be used only for transportation
purposes identified in the Plan. The penalty for misspending is full repayment of all misspent funds
and an additional repayment of 10% of the misspent amount.
2. All Decisions Made in Open Public Process: Activities of SLOCOG shall be conducted in an open
and public meeting process according to state law, through publicly noticed meetings. The annual
budgets, strategic plans, annual reports and audits shall all be prepared for public review.
3. Salary and Administration Cost Caps: The salaries and benefits for administrative purposes shall
not exceed 1% of the gross revenues of the sales tax. The allocated cost of staff that directly
implements specific projects or programs included in the Strategic Plan are not included in
administrative costs.
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4. Amendments: No provision is included to allow SLOCOG to amend the percentage distribution
between the major funding categories (Regional Projects, Local Control, Public Transportation, or
Bike & Pedestrian Safety and Connectivity). Plan amendments require review and approvals of city
councils, Board of Supervisors, and the SLOCOG Board. SLOCOG may amend the five year
Strategic Plan to maximize the transportation funding available throughout the county.
5. Augment Transportation Funds: Funds generated by the transportation sales tax shall be used to
supplement and not replace existing local revenues used for transportation purposes. No funds may
be used to replace private developer funding committed to any project or improvement.
6. Annual Fiscal and Compliance Audits: The Authority’s financial reports are subject to an
independent audit by a Certified Public Accountant (CPA) firm, on an annual basis. In addition, the
audit shall determine if funding is compliant with the San Luis Obispo County Self-Help Local
Transportation Investment Plan and Ordinance, and that no more than one percent of the total
proceeds of the tax are used for administrative staff salaries and benefits in implementing the Plan.
7. Independent Taxpayer Oversight Committee: Annually, the Committee will review expenditures
and draft audit report and prepare an annual report on spending and progress in implementing the
Plan that will be published and made available to the public.
Funding Restrictions
8. Complete Streets: To the maximum extent feasible and consistent with adopted plans, recipients
should fully consider the needs of non-motorized travelers, including pedestrians, bicyclists and
persons with disabilities, in all planning, project development, maintenance, construction, and
operations except where such accommodation would be infeasible, illegal, inappropriate, or where
the cost would be excessively disproportionate to the need or probable use. In order to maximize
Complete Street improvements, SLOCOG encourages local agencies to partner with SLOCOG for
regional discretionary funds received under State and Federal sources during the biennial
programming cycle and to pursue State and federal grants.
9. Commitments from Fund Recipients: All recipients of funds allocated in this Plan will be required
to sign a Master Funding Agreement, which details their roles and responsibilities in spending sales
tax funds. Funding agreements will include performance and accountability measures. All funds will
be allocated through open and transparent public processes. In addition, fund recipients will be
required to have an annual fiscal and compliance audit conducted by an independent CPA to ensure
that funds are managed and spent according to the requirements of this Plan. All entities receiving
tax funds must report annually on expenditures and progress in implementing projects.
10. No Expenditures Outside San Luis Obispo County: Under no circumstances may the proceeds
of this transportation sales tax be applied to any purpose other than for transportation improvements
benefitting the residents of San Luis Obispo County and its cities. Under no circumstances may
these funds be appropriated by the State of California or any other State or federal governmental
agency.
11. Compliance and Consistency with Regional, State, and Federal Requirements: All projects
funded by these revenues must be consistent with the SLOCOG Regional Transportation Plan and
are subject to laws and regulations of federal, state, and local government, including but not limited
to the requirements of the California Environmental Quality Act (CEQA), and Title VI of the Civil
Rights Act, as applicable.
Project Financing Guidelines and Managing Revenue Fluctuations
12. Administrative Responsibility: SLOCOG is given the fiduciary duty of administering the
transportation sales tax proceeds in accordance with all applicable laws and with the Plan. The
Measure monies collected through SLOCOG shall be accounted for and invested separately, unless
and until the funds are turned over to a local recipient in accordance with the Plan. At such time, the
local recipient shall keep a separate accounting of the monies and any and all expenditures to
ensure that the monies, and any interest, are spent in accordance with the approved Plan.
For the benefit of the residents and businesses of San Luis Obispo County, it is preferred to annually
expend all Measure funds as outlined in the Strategic Plan, however, funds may be accumulated by
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SLOCOG or recipient agencies over a period of time to pay for larger and longer-term projects
pursuant to the policies adopted by SLOCOG. All interest income generated by these proceeds will
be used for the purposes outlined in this Plan and will be subject to audits.
To maximize the effective use of funds, revenues may be transferred or exchanged between or
among jurisdictions provided that the percentage of funds allocated as provided in the Plan is
maintained over the duration of the period of time the tax is imposed.
Cooperative Agreements to exchange funds, including fund repayment provisions, must be approved
by SLOCOG and shall be consistent with all rules adopted or approved by SLOCOG relating to such
exchanges.
SLOCOG may exchange revenues for State or federal funds allocated or granted to any public
agency within the area of SLOCOG to maximize effectiveness in the use of the revenues. SLOCOG
shall maintain for public review an accounting of all balances that are subject to cooperative
agreements approved pursuant to this section.
13. Programming of Funds: Actual revenues may, at times, differ than expected in this Plan due to
changes in receipts and fluctuations in the economy; additional funds may become available due to
grants, increased opportunities for leveraging or project costs less than expected. Estimates of
actual revenue will be calculated annually by SLOCOG during its annual budget process. Any
excess revenue will be programmed in a manner that will accelerate the implementation of the
projects and programs described in this Plan, at the direction of SLOCOG.
SLOCOG will also have the ability to set aside a contingency fund of up to 5% of the annual receipts
from the tax. Revenues to fund the contingency may be accumulated through the following:
revenues exceed projections or a project’s cost (exclusive of the Local Control program) is lower
than anticipated resulting in excess funds. When a Local Control program project’s cost is lower
than anticipated resulting in project savings, these funds shall be reallocated to, and for the benefit
of, the responsible agency. In the event that actual revenues in any given year are less than the
budgeted revenues, SLOCOG may use the contingency fund to make up the difference between the
budgeted revenues and the actual revenues. The contingency fund may also be used to fund
projects where the actual cost exceeds projections.
14. Fund Allocations: Should a planned project become undeliverable, infeasible or unfundable due to
circumstances unforeseen at the time this Plan was created, or should a project not require all funds
programmed for that project or have excess funding, funding for that project will be reallocated to
another project or program of the same type within the Major Line Programs: Local Control,
Regional Projects, Bike & Pedestrian Safety and Connectivity, and Public Transportation.
15. Leveraging Funds: Every effort shall be made to maximize matching regional, state and federal
transportation dollars. SLOCOG will give preference to use the savings resulting from said grants
toward other projects or programs which primarily benefit the agency responsible for obtaining said
grants. Any additional, unexpected, revenues received solely as a direct result of the approval of this
measure shall be distributed based upon the voter-approved Plan resulting in accelerated delivery
and augmentation of the Plan’s programs and projects.
16. Advancing Projects: Local agencies may elect to advance a Plan project or program using local
funds, other SLOCOG discretionary funds with SLOCOG Board approval, or Tax Revenue
Anticipation Notes with approvals from both the local agency and SLOCOG. The recipient would be
eligible for repayment for the amount advanced (with no interest) subject to SLOCOG approval of the
advancement and the year of reimbursement. SLOCOG will also be able to use other means to
accelerate the delivery of the Plan projects and programs, including partnering with other COGS, the
State of California, the Federal Government, and other government agencies, federal authorization
funds, federal earmarks, partnering with private entities, seeking outside grants and matching or
leveraging tax receipts to the maximum extent possible. SLOCOG will have the capability of loaning
transportation sales tax revenues, at prevailing interest rates, to local agencies for the
implementation of needed transportation projects, provided that a guaranteed revenue stream is
devoted to repay such a loan over a maximum amount of time, and provided that the loan will not
interfere with the implementation of programs or projects defined in the Plan. Loaning of funds
requires SLOCOG approval.
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Attachment D:
THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
ORDINANCE NO. 2016-01
SAN LUIS OBISPO COUNTY SELF-HELP LOCAL TRANSPORTATION INVESTMENT PLAN
Guiding Principles and Preamble
The road, transportation and circulation systems within the cities and unincorporated areas of San
Luis Obispo County are of regional concern and the quality of such systems have a direct impact on
residents, visitors, agriculture, business, industry and general economy within the county. Available
revenues, including funding from Local, State, and Federal governments, are not adequate to
support needed maintenance, upgrading or safety improvements to the existing infrastructure or the
construction of the new infrastructure that the County and Cities anticipate will be needed to meet
the demands of the future.
To maintain and improve the quality of life and to preserve the unique and natural amenities
available to all residents in San Luis Obispo County, the San Luis Obispo Council of Governments
has adopted the San Luis Obispo County Self-Help Local Transportation Investment Plan to establish
a dedicated local funding source for local agencies to address special and localized transportation
needs, including:
Road and pothole repair, traffic relief, and transportation safety improvements.
Mobility investments for senior, veterans and persons with disabilities.
Safe Routes to School projects in every city and community.
Public Transportation improvements, increasing frequency and service options.
Matching funds to leverage and secure state and federal funding for transportation.
Highway congestion relief: US 101 in Pismo/Shell Beach straits, major congested
interchanges in North County, and recurring congestion on Highway 227.
Bicycle and Pedestrian safety and connectivity improvements and extensions
Included Safeguards: The following safeguards are hereby established to ensure strict adherence
to the limitations on the use of the Revenues provided by this Ordinance to ensure that funding from
the one-half of one percent retail transactions and use tax is used in accordance with the specified
voter-approved transportation project improvements and programs:
Transportation Investment Plan
Spending Assurances
Local Control
Maintenance of Effort
Administrative Costs Restricted to 1%
Leverage-advantage for State/Federal Funds
Annual Audits and Annual Reporting
Independent Taxpayer Oversight Committee
The Governing Board of the San Luis Obispo Council of Governments acting as the Local Transportation
Authority ordains as follows:
Section 1. Title
This Ordinance shall be known and may be cited as the San Luis Obispo County Self-Help Local
Transportation Investment Plan and may also be referenced as the “Ordinance” herein. “Ordinance” shall
mean and include Attachment A entitled “San Luis Obispo County Self-Help Local Transportation Investment
Plan” or “Plan”, Attachment B entitled “Independent Taxpayer Oversight Committee;” and Attachment C
entitled “Plan Administration and Implementing Guidelines,” which Attachments A, B, and C are attached
hereto and incorporated by reference as if fully set forth herein. This Ordinance shall be applicable in the
incorporated and unincorporated territory of the County of San Luis Obispo, which territory shall be referred
to herein as “District” (Revenue and Taxation Code Section 7252).
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Section 2. Summary
The Ordinance provides for the implementation of a transportation Expenditure Plan, referred to as the San
Luis Obispo County Self-Help Local Transportation Investment Plan, which will result in countywide
transportation improvements for freeways, highways, local streets and roads, bus transit, transit services for
seniors, veterans, and persons with disabilities; and bicycle and pedestrian safety and connectivity. These
needed improvements will be funded by the imposition of one-half of one percent (0.5%) retail transactions
and use tax for a period of nine (9) years. The Revenues shall be deposited in a special fund and used
solely for the identified improvements authorized by the Ordinance.
Section 3. Definitions
A. “SLOCOG” means the San Luis Obispo Council of Governments (SLOCOG), also designated as the
Local Transportation Authority, previously created and designated pursuant to Division 19
(commencing with Section 180000 et. seq.) of the California Public Utilities Code, authorized to
impose a retail transactions and use tax ordinance, in accordance with Chapter 5 (commencing with
Section 180200) of Division 19 of the California Public Utilities Code, and with Part 1.6 (commencing
with Section 7251) of Division 2 of the California Revenue and Taxation Code.
B. “Board of Supervisors” means the San Luis Obispo County Board of Supervisors.
C. “County” means the County of San Luis Obispo, a political subdivision of the State of California.
D. “State” means the State of California.
E. Measure __ means the proposed ballot measure included within this Ordinance.
F. Measure __ “Gross Revenues” means all of the revenues generated from the transactions and use
tax plus any interest or earnings.
G. “Revenues” shall be allocated solely for the transportation purposes described in the Ordinance and
include all Gross Revenues remaining, after the deduction for: (i) amounts payable to the State
Board of Equalization for the performance of functions incidental to the administration and operation
of the Ordinance, and (ii) costs for the administration of the Ordinance as provided herein.
H. Retail Transactions and Use Tax is to be identified as specified in Part 1.6 (commencing with Section
7251) of Division 2 of the California Revenue and Taxation code.
I. Operative Date means the first day of the first calendar quarter commencing more than 110 days
after the adoption of this Ordinance, the date of such adoption being set forth below.
J. San Luis Obispo County Self-Help Local Transportation Investment Plan, sometimes identified as
the “Expenditure Plan”, or “Plan”, is required by Public Utilities Code section 180206 and is attached
to this Ordinance and incorporated herein by reference as Attachment A.
Section 4. Purpose
This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions
hereof be interpreted in order to accomplish those purposes:
A. To establish a local funding source for transportation system maintenance and improvements set out
in detail in the attached Expenditure Plan.
B. To adopt an Expenditure Plan setting forth an investment strategy to maintain and improve the
transportation system in San Luis Obispo County.
C. To impose a retail transactions and use tax in accordance with the provisions of Division 19
(commencing with Section 180000) of the California Public Utilities Code, and Part 1.6 (commencing
with Section 7251) of Division 2 of the California Revenue and Taxation Code, which authorizes
SLOCOG to adopt this tax Ordinance which shall be operative if two-thirds (2/3) of the electors
voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
D. To impose and collect retail transactions and use tax and allocate revenues derived from the tax
toward transportation safety and investment projects within the incorporated and unincorporated
areas of San Luis Obispo County, consistent with the provisions and priorities of the Plan.
E. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of
the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent
with the requirements and limitations contained in Division 19 (commencing with Section 180000) of
the California Public Utilities Code, and Part 1.6 (commencing with Section 7251) of Division 2 of the
California Revenue and Taxation Code.
F. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure
therefor that can be administered and collected by the State Board of Equalization in a manner that
adapts itself as fully as practicable to, and requires the least possible deviation from, the existing
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statutory and administrative procedures followed by the State Board of Equalization in administering
and collecting the California State Sales and Use Taxes.
G. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will
be, to the greatest degree possible, consistent with the provisions of Division 19 (commencing with
Section 180000) of the California Public Utilities Code, and Part 1.6 (commencing with Section 7251)
of Division 2 of the California Revenue and Taxation Code, minimize the cost of collecting the
transactions and use taxes, and at the same time, minimize the burden of record keeping upon
persons subject to taxation under the provisions of this Ordinance.
Section 5. San Luis Obispo County Self-Help Local Transportation Investment Plan Implementation
and Amendment
Revenues generated from the imposition of the retail sales and use tax provided for in this Ordinance shall be
made available and allocated to specific transportation projects and programs in accordance with this Ordinance
and the San Luis Obispo County Self-Help Local Transportation Investment Plan. No Plan amendment shall be
made to change the percentage distribution of the major programs (Regional Projects (25%), Local Control (55%),
Public Transportation (10%), and Bike & Pedestrian Safety and Connectivity (10%). The SLOCOG Board may
amend the Plan to account for the use of additional federal, state, and local funds, to account for unexpected
revenues, or to take into consideration unforeseen circumstances, if such amendment has first received the
approval of the Board of Supervisors and of the city councils representing both a majority of the cities in the
county and a majority of the population residing in the incorporated areas in the county.
Section 6. Contract with State
Prior to the operative date, SLOCOG shall contract with the State Board of Equalization to perform all
functions incident to the administration and operation of this transactions and use tax; provided, that if
SLOCOG shall not have contracted with the State Board of Equalization prior to the operative date, it shall
nevertheless so contract and in such a case the operative date shall be the first day of the first calendar
quarter following the execution of such a contract.
Section 7. Transactions Tax Rate
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in
the incorporated and unincorporated territory of the County at the rate of one-half of one percent (0.5%) of
the gross receipts of any retailer from the sale of all tangible property sold at retail in said territory on and
after the operative date of this Ordinance.
Section 8. Place of Sale
For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer
unless the tangible personal property sold is delivered by the retailer or its agent to an out-of-state
destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such
sales shall include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations to be prescribed and adopted by the
State Board of Equalization.
Section 9. Use Tax Rate
An excise tax is hereby imposed on the storage, use or other consumption in the District of tangible personal
property purchased from any retailer on and after the operative date of this Ordinance for storage, use or
other consumption in said territory at the rate one-half of one percent (0.5%) of the sales price of the
property. The sales price shall include delivery charges when such charges are subject to state sales or use
tax regardless of the place to which delivery is made.
Section 10. Adoption of Provisions of State Law
Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the
provisions of Division 19 (commencing with Section 180000) of the California Public Utilities Code and Part
1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, all of the
provisions of Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation
Code are hereby adopted and made a part of this Ordinance as though fully set forth herein.
Section 11. Limitations on Adoption of State Law and Collection of Use Taxes
In adopting the provisions of Part 1 (commencing with Section 6001) of Division 2 of the California Revenue
and Taxation Code:
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A. Wherever the State of California is named or referred to as the taxing agency, the name of SLOCOG
shall be substituted therefor. The substitution, however, shall not be made when:
1) The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of
Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;
2) The result of that substitution would require action to be taken by or against SLOCOG or any
agency, officer, or employee thereof rather than by or against the State Board of Equalization, in
performing the functions incident to the administration or operation of this Ordinance.
3) In those sections, including, but not necessarily limited to sections referring to the exterior
boundaries of the State of California, the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not otherwise be exempt from this tax
while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 (commencing with Section 6001) of Division 2 of the California
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible
personal property which would not be subject to tax by the State under the said provisions of
that code.
4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the
California Revenue and Taxation Code.
B. The word "District" shall be substituted for the word "State" in the phrase "retailer engaged in business in
this State" in Section 6203 and in the definition of that phrase in Section 6203 of the California Revenue
and Taxation Code.
Section 12. Permit Not Required
If a seller's permit has been issued to a retailer under Section 6067 of the California Revenue and Taxation
Code, an additional transactor's permit shall not be required by this Ordinance.
Section 13. Exemptions, Exclusions and Credits
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any
sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant
to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered
transactions or use tax.
B. There are exempted from the computation of the amount of the transactions tax the gross receipts from:
1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to
be used or consumed principally outside the District in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of persons or property under the authority
of the laws of this State, the United States, or any foreign government.
2) Sales of property to be used outside the District which is shipped to a point outside the District,
pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery
by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this
paragraph, delivery to a point outside the District shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to
Chapter 1 (commencing with Section 4000) of Division 3 of the California Vehicle Code, aircraft
licensed in compliance with Section 21411 of the California Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
California Vehicle Code by registration to an out-of-District address and by a declaration under
penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal
place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-District, and
declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from
that address.
3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price
pursuant to a contract entered into prior to the operative date of this Ordinance.
4) A lease of tangible personal property which is a continuing sale of such property for any period of
time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to
the operative date of this Ordinance.
5) For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of time
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for which any party to the contract or lease has the unconditional right to terminate the contract or
lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption
in this District of tangible personal property:
1) The gross receipts from the sale of which have been subject to a transactions tax under any state-
administered transactions and use tax Ordinance.
2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by
such operators directly and exclusively in the use of such aircraft as common carriers of persons or
property for hire or compensation under a certificate of public convenience and necessity issued
pursuant to the laws of this State, the United States, or any foreign government. This exemption is in
addition to the exemptions provided in Sections 6366 and 6366.1 of the California Revenue and
Taxation Code.
3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered
into prior to the operative date of this Ordinance.
4) If the possession of, or the exercise of any right or power over, the tangible personal property arises
under a lease which is a continuing purchase of such property for any period of time for which the
lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of
this Ordinance.
5) For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or
possession of, or exercise of any right or power over, tangible personal property shall be deemed not
to be obligated pursuant to a contract or lease for any period of time for which any party to the
contract or lease has the unconditional right to terminate the contract or lease upon notice, whether
or not such right is exercised.
6) Except as provided in subparagraph (7), a retailer engaged in business in the District shall not be
required to collect use tax from the purchaser of tangible personal property, unless the retailer ships
or delivers the property into the District or participates within the District in making the sale of the
property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a
place of business of the retailer in the District or through any representative, agent, canvasser,
solicitor, subsidiary, or person in the District under the authority of the retailer.
7) "A retailer engaged in business in the District" shall also include any retailer of any of the following:
vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3
of the California Vehicle Code, aircraft licensed in compliance with Section 21411 of the California
Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with
Section 9840) of the California Vehicle Code. That retailer shall be required to collect use tax from
any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the District.
D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or
reimbursement for transactions tax paid to a city or county imposing, or retailer liable for a transactions
tax pursuant to Division 19 (commencing with Section 180000) of the California Public Utilities Code and
Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of which is
subject to the use tax.
Section 14. Amendments to the Ordinance
All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue
and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2
of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however,
that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
Section 15. Enjoining Collection Forbidden
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or
proceeding in any court against the State, the County, or SLOCOG, or against any officer of the State, the
County, or SLOCOG, to prevent or enjoin the collection under this Ordinance, or Division 19 (commencing
with Section 180000) of the California Public Utilities Code or Part 1.6 (commencing with Section 7251) of
Division 2 of the California Revenue and Taxation Code, of any tax or any amount of tax required to be
collected.
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Section 16. Bonding Authority
This Ordinance provides no authority for SLOCOG to use bonding to finance transportation improvements or
operations.
Section 17. Compliance with CEQA
Pursuant to the State CEQA Guidelines section 15378(b)(4), adoption of this retail transactions and use tax
Ordinance as a government funding mechanism is not a project subject to the requirements of CEQA.
Pursuant to State CEQA Guidelines section 15276, CEQA does not apply to the Expenditure Plan (Plan,
Attachment A).
Section 18. Maintenance of Effort
It is the intent of the Legislature and SLOCOG that revenues provided from this Ordinance be used to
supplement existing revenues being used for transportation improvements and programs. Each local
jurisdiction receiving Local Control Funds pursuant to the Plan shall meet the requirements in that section.
The Maintenance of Effort (MOE) funding for street and road purposes shall be an amount not less than the
jurisdiction’s average annual general fund monies used for street and road purposes during the 2011-12,
2012-13, and 2013-14 fiscal years as reported in the State Controller’s Streets and Roads Annual Report
adjusted to exclude extraordinary local discretionary expenses. In calculating the average annual minimum
level, if a local jurisdiction had extraordinary local discretionary fund expenditures noted as “one-time” or
“non-recurring” expenditures in their adopted budgets, then these amounts shall not be included in the
determination of the average annual MOE. A local jurisdiction must supply a resolution adopted by the local
governing board that provides justification and documentation of this conclusion.
Through a petition to the SLOCOG Board, a local jurisdiction may additionally request a revision to its MOE
funding beyond the subtraction of extraordinary local discretionary expenses. In this instance, SLOCOG
may allow the establishment of a new minimum level for that jurisdiction's MOE requirement. A local
jurisdiction petitioning SLOCOG under this provision must supply evidence of the need for special
consideration. The SLOCOG Board shall reasonably consider all such requests after appropriate due
diligence.
Annually, each jurisdiction shall adopt a resolution stating its adherence to the determination of the average
annual expenditures of general funds for transportation maintenance, improvements, and program purposes
and indicate how it has continued that minimum level of funding under its most recently adopted budget (by
July 1). Each jurisdiction shall submit a year-end resolution certifying compliance no later than December 31
following the close of the fiscal year. SLOCOG shall verify amounts through annual audit reports, council
minutes and other legal documentation. An agency may request authorization to carryover their local MOE
requirement for purposes of saving their general funds to apply to a larger eligible project. The agency must
make said request, with justification, in writing to SLOCOG prior to the three year expenditure window.
SLOCOG shall reasonably consider all such requests after appropriate due diligence.
Any agency that does not meet its average annual local MOE requirement over any three consecutive years
shall be reviewed by SLOCOG for a penalty determination. If an agency violates these provisions they may
be subject to a penalty up to and including loss of future Local Control funds plus a 10 percent penalty on
one year of Local Control funds. Should such a determination be made by SLOCOG then SLOCOG may
redistribute the forfeited local funds and the penalty to the remaining eligible jurisdictions.
Section 19. Creation of Special Fund
All Measure __ Revenue, plus interest, will be deposited in a special fund for Measure __ projects. The fund
authorized under Measure __ will be administered by SLOCOG pursuant to this Ordinance and to the
provisions of Division 19 (commencing with Section 180000) of the California Public Utilities Code, and Part
1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code. Any
interest generated by Measure __ Revenue will be treated as Measure __ Revenue for the purpose of using
the interest for Measure __ projects.
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Section 20. Administration of Plans
SLOCOG shall impose and collect the tax, shall allocate revenues derived from the tax, and shall administer
the Plan included in this Ordinance, consistent with the provisions and priorities of the Plan, and consistent
with the authority cited herein.
A. SLOCOG may expend revenues for the actual expense of salaries, wages, benefits, and those
services, including contractual services, necessary to administer the Ordinance; however, in no case
shall such administrative expenditures exceed one percent (1%) of the annual Gross Revenues
provided by the Ordinance.
B. Administrative functions include providing overall program direction and management necessary to
implement SLOCOG policy, formulating organizational goals and objectives, coordinating activities
with other agencies and organizations, performing finance, accounting, purchasing, personnel,
government and community relations, and legal matters.
Section 21. Execution of Duties
SLOCOG may engage, contract with, employ and compensate any public or private agency, party,
contractor or professional, in accordance with the Public Contract Code and/or any of the provisions for
public employment of professional services for public agencies, for the planning, finance, approval, design,
construction, acquisition of right of way, maintenance, operation, control and repair of any road, highway,
bus, rail or other transportation facility. However, SLOCOG shall not be responsible for the maintenance or
operation of any State highway facilities following construction contract completion.
Section 22. Use of Proceeds
The revenues derived from the tax shall be used for transportation purposes only and may include, but are
not limited to, the administration of this Ordinance and the Plan, including costs for initial and subsequent
preparation and election, costs for legal actions related to the election, Ordinance and Plan, and the costs
and fees required for California State Board of Equalization services, and any and all costs and fees related
to the transportation purposes set out in the Plan. These purposes include expenditures for planning,
environmental review, engineering and design costs, related special and expert consultant costs, and related
right-of way acquisition and the administrative and legal costs associated therewith.
Section 23. Designation of Facilities
Each project or program funded in whole or in part by Revenues from this Ordinance shall be clearly
designated with appropriate project signage, as defined within the approved Strategic Plan, at the project
site during its construction or implementation as being provided by Revenues from this Ordinance.
Section 24. Establishment of Appropriations Limit
The annual appropriations limit established pursuant to Section 4 of Article XIIIB of the California
Constitution and Section 180202 of the Public Utilities Code shall be $50,000,000.00 for fiscal year 2017/18.
This appropriations limit shall be subject to adjustment as provided by law.
Section 25. Call for Election
SLOCOG requests the Board of Supervisors to call an election for voter approval of the following measure,
below, which election shall be held on November 8, 2016, and consolidated with other elections to be held
on that same date. The election shall be called and conducted in the same manner as provided by law for
the conduct of elections by a County. The sample ballot to be mailed to the voters shall be the full
proposition as set forth in this Ordinance, and the voter information handbook shall include the Plan.
Approval of the attached measure, and imposition of the tax, shall require the vote of a two-thirds (2/3)
majority of the electors voting on the attached measure at the election described in this section.
The proposition to be placed on the ballot shall read substantially as follows:
To improve our region's transportation system, by:
Fixing potholes, repaving local streets, relieving traffic congestion;
Improving street, highway and bridge safety;
Making bike and transit improvements within and between communities;
Increasing senior, veterans, disabled and student transit; and
Providing safe routes to school;
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shall San Luis Obispo County voters enact a half cent transportation sales tax, providing
$25,000,000 annually for 9 years, requiring independent citizens' oversight, where all funds stay
local and cannot be taken by the State?
Section 26. Effective Date
This Ordinance relates to the levying and collecting of the District transactions and use taxes and shall go
into effect immediately, subject only to the Operative Date set forth in Section 3(I) of this Ordinance. The
increase in the transactions and use tax, if so approved, shall be imposed and collected for a period of nine
(9) years thereafter.
Section 27. Termination Date
The authority to levy the tax imposed by this Ordinance shall expire nine (9) years from the Effective Date of
this Ordinance.
Section 28. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the
remainder of the Ordinance and the application of such provision to other persons or circumstances shall not
be affected thereby.
Section 29. Captions
The titles and headings to the sections set forth in this Ordinance are not part of this Ordinance and shall
have no effect upon the construction or interpretation of any part hereof.
Section 30. Publication
The SLOCOG Board determined that it was not possible to prepare a fair and accurate summary of this
Ordinance and so ordered that a display advertisement of at least one-quarter of a page in a newspaper of
general circulation be published at least five days prior to the SLOCOG meeting where this Ordinance was
considered. Within 15 days after the adoption of this Ordinance the Clerk of the SLOCOG Board shall cause
a second quarter page display advertisement to be published in the same way indicating the general nature
of the Ordinance and providing information about it sufficient to allow the public to obtain complete copies of
it along with the names of those SLOCOG Board members for and against.
The foregoing Ordinance was passed and adopted by the San Luis Obispo Council of Governments, State
of California, at an adjourned regular meeting held on the ___ day of ____, 2016, by the following vote:
AYES: ____ / NOES: ____ / ABSTAIN: ____ / ABSENT: ____
ATTEST: SAN LUIS OBISPO COUNCIL
OF GOVERNMENTS
________________________ ________________________
Ronald L. De Carli, Executive Director Jan Marx, President
APPROVED AS TO FORM:
________________________
Timothy McNulty, SLOCOG Counsel
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SLOCOG’s Self-Help County Efforts
June 1, 2016
(Information for Member Jurisdictions)
SUMMARY
Available transportation revenues, from local, state, and federal governments, are inadequate,
declining, and unable to fully support our existing system. In order to maintain, improve, and make
safety improvements to our existing transportation system, additional transportation funding will be
necessary. Twenty California counties (containing 84% of the State’s population) have already
addressed this funding challenge by becoming a Self-Help county with a voter-approved local option
sales tax measure for transportation purposes.
In April and May, each City Council and the Board of Supervisors reviewed Self-Help materials and
information, and each conceptually supported these efforts. On June 1, 2016, the SLOCOG Board
directed that the Investment Plan and Measure Materials be sent to member agencies for approval,
and introduced Ordinance No. 2016-01: San Luis Obispo County Self-Help Local Transportation
Investment; Waived the Full Reading, and Continued the item to July 13, 2016 for Final Adoption.
DISCUSSION
The road, transportation and
circulation systems within the cities
and unincorporated areas of San
Luis Obispo County are of regional
concern, and the quality of such
systems has a direct impact on
residents, visitors, agriculture,
business, industry and general
economy within the county.
Available revenues, including
monies from Local, State, and
Federal governments, are not adequate to support needed maintenance, upgrading or safety
improvements to the existing infrastructure or the construction of the new infrastructure that our
County and Cities anticipate will be needed to meet the demands of the future.
To maintain and improve the quality of life and to preserve the unique and natural amenities
available to all residents in San Luis Obispo County, the San Luis Obispo Council of Governments
has developed the San Luis Obispo County Self-Help Local Transportation Investment Plan to
establish a dedicated local funding source for local agencies to address special and localized
transportation needs, including:
Road and pothole repair, traffic relief, and transportation safety improvements.
Mobility investments for senior, veterans, and persons with disabilities.
Safe Routes to School projects in every city and community.
Public Transportation improvements, increasing frequency and service options.
Matching funds to leverage and secure State and federal funding for transportation.
Highway congestion relief:
o U.S. 101 in Pismo Beach/Shell Beach straits
o Highway 227 south of San Luis Obispo
o Congested major freeway interchanges in the North County
Bicycle and Pedestrian safety and connectivity improvements.
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Summaries of the Attachments and Major Changes
Minor changes to the format (font size, type, margins, layout, etc.) of these attachments should be
expected to fit the County Clerk printing requirements.
Transportation Investment Plan (Attachment A)
The most significant change to previously reviewed materials is a one-third (1/3) reduction to the Bike
& Pedestrian Safety and Connectivity program from 15% to 10%, and an increase from 50% to 55% to
the Local Control program. The result of this shift is an additional $11m of Measure funds going to
“Local Control” – this is an increase of 10% to each jurisdiction over the previous Local Control
allocations.
The Transportation Investment Plan corresponds with, and expands upon, the key elements identified
in the updated 1-page summary on the prior page, and includes:
1. Local Control (50% 55%, $112.5M $123.75M)
a. Formula allocation to each jurisdiction with key projects identified by each community.
i. Additional, future, projects to be identified by each jurisdiction.
b. 4% for Safe Routes to School.
c. Removed 10% requirement for Community Enhancements
d. Increased $11M from 50% to 55%.
2. Regional Projects (25%, $56.2M)
a. Amount by sub-regions with key projects and key benefits identified.
i. South County $20M
ii. Central County $17.5M
iii. North County $17.5M
iv. North Coast $1M
3. Bike & Pedestrian Safety and Connectivity Program (15% 10%, $33.8M $22.5M)
a. Allocated to each sub-region with key projects and key benefits identified.
i. South County $5.625M
ii. Central $5.625M
iii. North County $5.625M
iv. North Coast $5.625M
b. Decreased from 15% to 10%, with an equal split to the four sub-regions.
4. Public Transportation (10%, $22.5M)
a. 6% for Transit (reduced in May from 7%).
b. 3% for Mobility for Seniors, Veterans, and Persons with Disabilities (increased in May
to 2%).
c. 1% for Transportation Demand Management.
Independent Taxpayer Oversight Committee (Attachment B) identifies the roles, responsibilities,
and membership details. This Committee will be created to provide an enhanced level of
accountability for expenditures made under the Transportation Investment Plan to the financial integrity
and performance of the Measure.
Plan Administration and Implementing Guidelines (Attachment C) includes the governing board
structure and the strategic plan development requirements and principles.
Ordinance (Attachment D) was primarily developed based upon Public Utilities Code section 180000,
et. seq. in consultation with SLOCOG legal counsel and the State Board of Equalization to meet the
legal requirements of the authorizing legislation.
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Upcoming Schedule
In order to place the Measure before the voters in November, first, the Transportation Investment Plan
must be approved by the Cities (at a minimum, a majority of cities with a majority of the incorporated
population); second, the Transportation Investment Plan must be approved the Board of Supervisors;
third, the SLOCOG Board must adopt the Transportation Investment Plan and approve the Ordinance;
fourth, the Board of Supervisors must place it on the November ballot. Final approval of the measure
requires two-thirds of the voting public.
Meeting Schedule for Cities:
Jun. 7: Pismo Beach City Council (approved 4-0)
Jun. 14: Morro Bay City Council (approved 5-0)
Jun. 20: Grover Beach City Council
Jun. 21: San Luis Obispo City Council
Jun. 21: Paso Robles City Council
Jun. 28: Arroyo Grande City Council
Jun. 28: Atascadero City Council
Jul. 12: Board of Supervisor.
Jul. 13: SLOCOG: Adopts Plan and calls for election (only if approved the by BoS).
Jul. 19: Board of Supervisors: Place materials on Nov. 2016 Ballot
Nov. 8: Election Day
Safeguards
The following safeguards are included to ensure strict adherence to the limitations on the use of the
Revenues provided by this Ordinance to ensure that funding from the one-half of one percent retail
transactions and use tax is used in accordance with the specified voter-approved transportation
project improvements and programs.
San Luis Obispo County Self-Help Transportation Investment Plan: This Plan identifies the
specific projects and programs supported by the voters to be funded by revenue raised by
this transactions and use tax.
Sunset Date: 9 years.
Independent Taxpayer Oversight Committee. This Committee will be established to provide
citizen review and to ensure that all Measure funds are spent in accordance with provisions
of the Transportation Investment Plan and the Ordinance.
Maximum of 1% for Administrative Costs Restriction. Expenditures on staff salaries, wages,
benefits and overhead necessary to administer the program will be limited to no more than
one percent of the annual gross revenues provided by the measure.
Leverage State/Federal Funds. SLOCOG will continue to seek maximum funding for our
local transportation improvements through State and federal programs with the additional
leverage provided from these funds.
Spending Assurances. This one-half of one percent transactions and use tax is statutorily
dedicated for transportation planning, design, construction, operation and maintenance only
in San Luis Obispo County and its Cities and cannot be used for other governmental
purposes or programs.
Local Control. 55% of the Revenues are distributed by formula directly to local agencies for
transportation priorities. (Projects selected by each city and the county.)
Protected from State Raids. These funds cannot be taken by the State.
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Maintenance of Effort. Requires Measure funds be used to augment not replace existing
general funds used for street and road purposes. [3-year average of discretionary general
funds using State Controller Reports less extraordinary funds and consideration of
extraordinary circumstances].
Annual Audits and Annual Reporting. Annually, SLOCOG shall publish a report, based on
an independent audit, on how all revenues have been spent and on progress in
implementing projects in the Transportation Investment Plan, and shall publicly report on the
findings.
BACKGROUND:
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: 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. This information was used in
preparation of the Transportation Investment Plan.
ITEM NUMBER: C-2
DATE: 06/28/16
ATTACHMENT: 3
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