HomeMy WebLinkAboutAgenda Packet 11/09/2004 "■ ■m mm
n
19 w 18 CITY OF A TA SCADERO
CITY l COUNCIL
AGENDA
Tuesday, November 9, 2004
7:00 P.M.
Atascadero Lake Pavilion
9315 Pismo St.
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
•
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Luna
Mayor Pro Tem Scalise
Council Member Clay
Council Member O'Malley
Council Member Pacas
INTRODUCTIONS:
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 five minutes. Please state
your name and address for the record before making your presentation. The
Council may take action to direct the staff to place a matter of business on a
future agenda. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council.)
1
APPROVAL OF AGENDA: Roll Call
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.)
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.)
1. City Council Meeting Minutes — October 12, 2004
City Clerk Recommendation: Council approve the City Council
meeting minutes of October 12, 2004. [City Clerk]
2. September 2004 Treasurer's Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for
September 2004. [City Treasurer]
3. Final Map 2004-0094(Parcel Map AT 03-0101) 2135 San Fernando
Road (TPM 2004-0058) Phillips/Wilson Land Survey)
■ Fiscal Impact: None.
■ Recommendations: Council
1. Accept Final Parcel Ma 2004-0094 Parcel Ma AT 03-0101 ;
p p ( p )
and,
2. Reject offer of dedication for streets without prejudice to future
acceptance. [Public Works]
4. Final Map 2003-0063 (Tract 2495) 6025 Del Rio Road (TTM 2002-
0026)(Midland Pacific)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2003-0063 (Tract 2495); and,
2. Reject, without prejudice to future acceptance, the offer of
dedications for;
a. Streets
b. Public Pedestrian Access Easements.
c. Public Landscape Easement.
d. Public Utility Easement.
e. Public Drainage Easement.
2
f. Public Sewer Easement.
• g. Lots 71, 72 and 73; and,
3. Authorize City Manager to execute Subdivision Improvement
Agreement; and,
4. Authorize City Manager to sign Workforce and Affordable Housing
Selection Plan; and,
5. Authorize City Manager to sign Agreements to Provide Housing
Units for Persons and Family of Low/Moderate Income; and,
6. Authorize City Manager to sign Subdivision Annexation and
Assessment and Parcel Tax Authorization Deferral Agreement.
[Public Works]
B. PUBLIC HEARING:
1. Issuance of Redevelopment Bonds
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt the draft Resolution authorizing the execution of a joint
exercise of powers agreement creating the Atascadero Public
Financing Authority and;
2. Adopt the draft Resolution approving the issuance and sale
• by the Atascadero Community Redevelopment Agency of tax
allocation bonds to finance redevelopment activities within and for
the benefit of the Agency's Atascadero Redevelopment Project.
[Administrative Services]
COUNCIL TO RECESS MEETING TO ATASCADERO PUBLIC
FINANCING AUTHORITY
COUNCIL TO RECONVENE THE CITY COUNCIL MEETING AFTER
ATASCADERO PUBLIC FINANCING AUTHORITY MEETING
C. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be give, as felt necessary):
Mayor Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Atascadero State Hospital Advisory Board (appointed by Governor)
2. Local Agency Formation Commission (LAFCO) (City Selection
Committee appointment)
3
3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit
Authority (SLORTA)
Council Member Clay
1. Water Committees
Council Member O'Malley
1. Finance Committee
2. City/ Schools Committee
3. Air Pollution Control District (APCD)
4. League of California Cities - Grassroots Network
5. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Pacas
1. City/ Schools Committee
2. Atascadero Youth Task Force
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
er
E. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Marcia McClure Torgerson City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the November 9, 2004 Regular Session of the Atascadero City Council
was posted on November 3rd, 2004 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite
6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that
location.
Signed this 3rd day of November 2004 at Atascadero, California.
Marcia McClure Torgerson, C.M.C., City
City of Atascadero
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
ee City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the
Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the
printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
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)
461-5000. 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 AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• • All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
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. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
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:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
01business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the
ouncil meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written
communication to the City Manager's office in City Hall prior to the deadline.
5
ITEM NUMBER: A- 1
DATE: 11/09/2004
s a am
Iola
9 CITY OF ATASCADERO
. CITY COUNCIL
DRAFT MINUTES
Tuesday, October 12, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(immediatelyfollowing Redevelopment Agency Meeting)
1. PUBLIC COMMENT —CLOSED SESSION — None
2. Call to Order
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9)
a. . Creekside Parcel Associates et al v City of Atascadero et al,
San Luis Obispo Superior Court Case Number CV 020192
3. Adjourn
4. CLOSED SESSION REPORT
City Manager Wade McKinney announced that no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
II
CC Draft Minutes 10/12/04
Pagel of 15 6
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk/Assistant City Manager Marcia McClure Torgerson, and
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Public Works
Director Steve Kahn, Community Development Director Warren
Frace, Police Chief John Couch, Fire Chief Kurt Stone, Deputy
Public Works Director Geoff English, Deputy Community
Development Director Steve McHarris,' Redevelopment Specialist
Marty Tracey, Associate Planner Kelly Gleason and Interim City
Attorney Tom Gibson
Mayor Luna announced that Item #B-3 has been pulled from the agenda and will not be
discussed tonight.
COMMUNITY FORUM:
Daphne Fahsing spoke about the large housing developments on the agenda tonight
and their impacts on water usage, wildlife and tree removals.-
Eric
emovals:Eric Greening suggested a study session where the Atascadero Mutual Water Company
could give- its perspective on the rate and phasing of growth under the General Plan.
Mr. Greening announced that the Anza Trail Advisory Committee meeting has been
moved to Santa Clara.
Ann Ketcherside expressed concern about a second entrance to the 3F Meadows
project, the lack of a Youth Center, the Printery and FEMA funds, and water shortage
issues.
Russ Thompson, R. Thompson Consulting, apologized for the error in compiling the
mailing list for their project (agenda Item #13-3) and stated he would be happy to speak
to anyone who was here for that item.
Jon Loken referred to Item #13-3 pulled from tonight's agenda and expressed his
concerns regarding the noticing for the Planning Commission meeting and the proposed
density for the site.
CC Draft Minutes 10/12/04
Page 2 of 15
7
Robert Amore requested the area of notification for Item #B-3 be increased, and
expressed his concerns with density and disclosure regarding the surrounding farming
area.
There was Council consensus to increase notification for the Carrizo Road
project(Item #B-3)beyond 300 feet to 1000 feet.
Bill Bright expressed his concern with yard sale signs not being taken down after the
sale.
Daphne Fahsing asked if any consideration had been given to revert Entrada to a two-
way street.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Mayor Luna announced that Item #A-9 had been added to the agenda and Item#B-3
deleted.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Scalise to approve the agenda as modified.
• Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring October 23�d— 31 st,2004 -"Red Ribbon Week."
Mayor Luna read the Proclamation and presented it to Wayne Hansen who thanked
Council for their support and spoke about Red Ribbon Week.
2. Proclamation declaring the month of October, 2004 "Domestic Violence
Awareness Month."
Council Member Pacas read the Proclamation and presented it to Police Chief John
Couch who thanked Council on behalf of the North County Women's Shelter Board and
the Domestic Violence Task Force.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley spoke about Colony Days and the activities scheduled for the
event.
CC Draft Minutes 10/12/04
Page 3 of 15
8
Council Member Clay asked Mayor Luna to accompany him to a meeting with Ken
Weathers to discuss water issues.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes -September 14, 2004
■ City Clerk Recommendation: Council approve the City Council
minutes of the meeting of September 14, 2004. [City Clerk]
2. ABC 2004-0003 Alcoholic Beverage Control License Club License
Finding of Convenience or Necessity 1500 EI Camino Real
Atascadero Elks Lodge
• Fiscal Impact: None.
■ Staff Recommendation: Council determine that the issuance of a "club
license" for the on site consumption of alcohol at the Atascadero Elks Lodge
located at 1500 EI Camino Real will serve a public necessity. [Community
Development]
3. Anza Trail Certification and Law Enforcement Agreements with National
Park Service
■ Fiscal Impact: None.
■ Staff Recommendation: Council authorize the City Manager to enter into the
two agreements with the National Park Service to continue certification of the
Atascadero segments of the Anza National Historic Trail, and provide for law
enforcement services on the Atascadero Trail Segments. [Community
Services and Police]
4. Police Vehicle Purchase
■ Fiscal Impact: $66,938.13 including sales tax and mandatory California tire
fee. Funds are provided in the 2004-2005 City Budget.
• Staff Recommendation: Council authorize the purchase of three (3)
replacement police vehicles from Villa Ford in Orange, California. [Police]
5. Purchase of Parcel 3 of Parcel Map 85-225 (Generally known as Creekside
Lanes
• Fiscal Impact: Because the agency proposes to use its tax increment
revenues to purchase Creekside Lanes pursuant to Health and Safety Code
Section 33445, the City will not experience any fiscal impact as a result of the
proposed transaction.
■ Staff Recommendation: Council accept Summary Report on the purchase of
Parcel 3 of Parcel Map 85-225 and approve draft Resolution, making the
required findings and approving the purchase by the Community
Redevelopment Agency. [City Manager's Office]
CC Draft Minutes 10/12/04
Page 4 of 15
9
6. Oak Grove: 1225 EI Camino Real Single Family Planned development Zone
Change 2004-0082(24 El Camino Partners, LP)
■ Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general-rule, single-family dwellings require services that
exceed the revenue generated by the proposed uses.
■ Staff Recommendation:: Council adopt.on second reading, by title only, draft
Ordinance A, approving Zone Change 2004-0082 based on findings.
[Community Development]
7. Road Closure Colony Days Parade Route
■ Fiscal Impact: None.
■ .Staff Recommendation: Council approve the draft Resolution authorizing the -
.closure of EI Camino Real from Curbaril to Traffic Way on Saturday, October
16, 2004 from 9:00 a.m. until 12:30 p.m. [Community Services]
8. Parks and Recreation Commission Appointments
■ Fiscal Impact: None.
■ Staff Recommendation: Council adopt on second reading, by title only, the
draft Ordinance, amending Sections 2-13.01 and 2-13.03 of Atascadero
Municipal Code relating to the appointment of Parks and Recreation
Commission Members. [City Manager's Office]
`9. City Hall Annex-Design Services
• ■ Fiscal Impact: Cost based on time and material, not to exceed $41,900.00.
■ Staff Recommendation: Council authorize the City Manager to execute a
contract for architecture and miscellaneous engineering services with BFGC
Architecture for Phase l design services for the City Hall Annex.
Items Pulled: Council Member O'Malley, Item #A-1; Mayor Luna, Items#A-5 and 8.
MOTION: By Council Member Clay and seconded by. Council Member
O'Malley to approve Items #A-2, 3, 4, 6, 7 and 9.
Motion passed 5:0 by a roll-call vote. (Pacas abstain on Item
#A-9) (Exhibit A) (Item #A-3 Agreement Nos. 2004-027 and
2004-028, Item #A-6 Ordinance No. 464, Item #A-7 Resolution
No. 2004-082)
Item #A-1: Council Member O'Malley referred to his comments at the top of page 13 of
the Council Minutes for 9/14/04 and read into the record additional comments to be
included in the Minutes. (Exhibit B)
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Scalise to approve Item #A-1 as corrected.
Motion passed 5:0 by a voice vote.
CC Draft Minutes 10/12/04
Page 5 of 15
10
Item #A-S: Council Member Pacas stepped down from consideration of this item.
(Exhibit A) Mayor Luna stated he pulled this item to vote against it as he couldn't make
the finding that this is blight and because the City should not be converting potentially
viable commercial uses to office uses and diminishing the recreational opportunities for
Youth.
PUBLIC COMMENT
Eric Greening stated he shared Mayor Luna'sconcerns and added that the purchase
price does not reflect the total economic impact because the city must do considerable
additional work to the creek.
Ann Ketcherside asked Council to take more time to consider the financial impacts of
this purchase and stated this property would make an excellent youth center.
Richard Shannon, Main Street Economic Restructuring Committee member, stated it is
imperative to have the city keep their interim offices in the downtown area.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Item #A-S.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2004081)
Council Member Pacas rejoined the hearing.
Item #A-B: Mayor Luna stated he pulled this item with the intention of voting no.
Mayor Pro Tem Scalise indicated she has trouble with this, as it is not a true reflection
of community input.
Council Member O'Malley discussed the reasons for supporting five member
commissions including, staff support for the idea, more efficient, reduces staff time and
costs, more closely aligns with the policy making Council, five is fair while seven is
leveraged toward the majority.
Council Member Clay indicated that he prefers a seven member commission.
Council Member Pacas stated she did not support cutting the Parks and Recreation
Commission to five members.
Council Member O'Malley suggested pulling this item and looking at both commissions
at the next strategic planning session.
PUBLIC COMMENT
CC Draft Minutes 10/12/04
Page 6 of 15
Eric Greening stated the Parks and Recreation Commission works very well and should
not be tampered with, and agreed with discussing the issue at a future strategic
planning session.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Clay to approve Item #A-8.
Motion failed for lack of a second.
MOTION: By Mayor-Pro Tern Scalise and seconded by Mayor Luna to
deny Item #A-8.
Motion passed 5:0 by a roll-call vote.
There was Council consensus to consider the makeup up of both Commissions
at the next strategic planning session,
B. PUBLIC HEARINGS:
1. West Front Mixed —Use Development/General Plan Amendment 2003-0005,
Planned Development Zone Code Text 2003-0058, Mixed-Use Planned
Development Zone Change 2003-0088, Master Plan of Development (CUP
2003-0108), Tentative Tract Map 2003-0035 (8870 West Front Road, 8760
Portola Road/ Richard Shannon -West Front Properties)
■ Fiscal Impact: The project is conditioned to fund all of its in tract maintenance
costs and contribute to the funding of emergency services. As conditioned,
the project is projected to be revenue neutral to the City.
■ Planning Commission Recommendations: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2004-0036; and, -
2. Adopt Resolution B approving General Plan Amendment 2003-0005 based
on findings; and,
3. Introduce for first reading by title only, draft Ordinance A, to approving
Zone Text Change 2003-0058 establishing a PD-23 overlay district based
on findings; and,
4. Introduce for first reading by title only, draft,Ordinance B, to approving
Zoning Map amendment of the project site to Commercial Retail, Residential
Multi-family-16/Planned Development-23, Residential Single Family-
X/Historic Site, based on findings and subject to conditions of approval and
mitigation monitoring; and,
5. Adopt Resolution C approving CUP 2003-0108, adopting the project
Master Plan of Development by resolution (Exhibit A), based on findings
and subject to conditions of approval and mitigationmonitoring; and
CC Draft Minutes 10/12/04
Page 7 of 15
12
6. Adopt Resolution D approving Vesting Tentative Tract Map 2003-0035
based on findings and subject to conditions of approval and mitigation
monitoring. [Community Development]
Community Development Director Warren Frace gave the staff report, Deputy
Community Development Director Steve McHarris provided the project description, and
Public Works Director Steve Kahn spoke about traffic and drainage issues. Staff
answered questions of Council An addendum to Draft Resolution C was distributed to
Council. (Exhibit C)
John Knight, RRM Design Group, applicant's representative, gave an overview of the
project through a PowerPoint presentation and addressed issues raised by Council.
Carmen Trudell, RRM Design Group, spoke about the architectural design of the
project.
Mayor Luna recessed the hearing at 9:21 p.m.
Mayor Luna called the meeting back to order at 9:31 p.m.
David Wolfe,_environmental scientist and applicant's representative, spoke about the
wetlands on this site and the environmental determination.
PUBLIC COMMENT
Dan McGauley, Atascadero Fire Department, spoke on behalf of the Firefighters
Association and expressed their concerns with noise, affordable housing, residential
growth and loss of revenue producing commercial properties.
Bobbie Wilson questioned the placement of stop signs and expressed concern with
traffic issues.
Hank Munari spoke on behalf of Mr. Litten, owner of El Camino Building Supply, asking
Council to require a disclosure that the homes are located next to a commercial
property.
Hank Munari, Champions Health Club, indicated this project would be good for his
business if the access between the hotel and Champions is kept open and asked for
use of overflow parking:
Richard Shannon, applicant, addressed several issues raised during the Public
Comment period and presented a proposal for the timing of commercial development on
this site. Mr. Shannon answered questions of Council.
J.P. Patel, local hotel operator, expressed concern that Atascadero does not have the
demand to support an additional hotel.
CC Draft Minutes 10/12/04
Page 8 of 15
13
• Peter Gault, Fire Department Captain; spoke of the firefighters concern with the loss of
commercial properties in Atascadero.
Dan McGauley spoke again of his concern with the loss of commercial property and
answered questions of Council.
Mayor Luna closed the Public Comment period.
There was Council discussion regarding this project. Council concerns included:
1. Council Member"Pacas: Large loss to city inventory of commercial property,
potential loss in number of affordable homes, and she does not see anything in
this project to justify the conversion of commercial to residential.
2. Mayor Luna: Amendments to the General Plan must show a realbenefit to
commercial, this is marginal Affordable housing as presented is not really what
he considers affordable, and the water issue is critical at this time.
3. Council Member O'Malley: Cannot deviate from the staff recommendation
regarding building the commercial, and agrees with the Planning Commission's
interpretation of the 20% for affordable housing. Would need to have more
work done before be considers the units as proposed as affordable housing.
4. Council Member Clay: Was unsure if this property is actually prime commercial,
however he was concerned about the housing being built without the hotel or
commercial component.
Mayor Pro Tem Scalise stated this site has been problematic for many years and the
project as proposed is probably what is needed for this site. She cited as positive
aspects the affordable units, improved circulation and signals and felt there was room
for compromise.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
PUBLIC COMMENT
Richard Shannon addressed issues raised by Council and offered possible solutions.
Dan McGauley reiterated that he would like to see the commercial built first.
Kelly Gearhart spoke about the difficulty of recruiting for a commercial site and stated
developers need the residential in order to bring in commercial.
Richard Shannon proposed a possible solution/timetable for the development of the
hotel and commercial component.
III
CC Draft Minutes 10/12/04
Page 9 of 15
14
Mayor Luna closed the Public Comment period. is
MOTION: BY Mayor or Luna and seconded by Council Member Pacas:to
deny General Plan Amendment 2003-005 based on findings.
Motion failed 2:3 by a-roll-call vote. (Clay, O'Malley, Scalise
opposed)
MOTION: By Mayor Pro Tem Scalise and Seconded by Council Member
Clay approving the-staff recommendation with the condition
that the applicant come back to Council, with a timeline for the
hotel to be built, by January 31, 2005.
Motion failed 2:3 by a roll-call vote. (O'Malley, Pacas, Luna
opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
deny GPA 2003-0005 based on the findings.
Motion passed 3:2 by a roll-call vote. (Clay, Scalise opposed)_
Mayor Luna recessed the meeting at 11:22 p.m.
Mayor Luna called the meeting back to order at 11:27 p.m.
2. EI Camino Real/Principal Avenue Mixed-Use GPA 2003-0008/ZCH 2003-
•
0070/ZCH 2004-0083 CUP 2003-0117/TTM 2003-0044 (Westpac Investments,
Inc.
• Fiscal Impact: The project is conditioned to fund all of its in tract maintenance
costs and contribute to the funding of emergency services. As conditioned
the
jroect is projected to be revenue neutral to the City.
p
■ Planning Commission Recommendations: Council:
1. Deny Resolution A certifying Proposed Mitigated Negative Declaration
2004- 0024; and,
2. Deny Resolution B approving General Plan Amendment 2003-0008 based
on findings; and,
3. Deny Ordinance A introducing an ordinance for first reading by title only, to
approve Zone Text Change 2003-0070 establishing a PD-24 overlay district
based on findings; and,
4. Deny Ordinance B introducing an ordinance for first,reading by title only, to
approve Zone Change 2004-0083 based on findings; and
Pp g g , ,
5. Deny Resolution C approving Conditional Use Permit 2003-0117(Master
Plan of Development) based on findings and subject to Conditions of Approval
and Mitigation Monitoring; and,
6. Deny Resolution D approving Vesting Tentative Tract Map 2003-0044
based on findings and subject to Conditions of Approval and Mitigation
Monitoring. [Community Development]
CC Draft Minutes 10/12/04
Page 10 of 15
15
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council. Public Works Director Steve Kahn discussed
circulation and drainage issues for the project. Community Development Director Frace
addressed the affordable housing component.
Hamish Marshall, Westpac Investments, applicant, spoke about the Council's direction
given on May 11th and how they have complied with all requests. Mr. Marshall
answered questions of Council. A handout was distributed to Council showing project
revisions (Exhibit D).
Carol Florence, project planner, gave an overview of the project, addressed the items
that were changed, and distributed a handout of the applicant's response to conditions
of approval (Exhibit E) Ms. Florence stated she is authorized to distribute $1500 to
neighbors for landscaping. Ms. Florence answered questions of Council.
Don White, applicant's architect, answered questions of Council.
PUBLIC COMMENT
Mary McCowan stated her opposition to the project, its incompatibility with the
surrounding neighborhood and impacts to noise levels and pollution.
Chuck Mackey expressed concern with doss of privacy and traffic impacts, and
requested that a pet/animal stipulation be included in the deeds.
Richard Sims stated his concerns about the removal of oak trees, Location of the tot
park, traffic, and loss of privacy.
Craig Stevens questioned the amount of prime commercial being converted to
residential and expressed concern with increased traffic on Augusta Avenue.
Harold Peterson expressed concern regarding the noise created by his neighboring
business and its possible effect on the residential development in this project.
Geri Mackey stated her concerns with this project including loss of privacy and the
safety of her children.
Dan McGauley was concerned about the income producing commercial component of
this project and would like it increased.
Dave Morton stated he was concerned about loss of privacy and notification efforts.
Mary McCowan spoke about water runoff from the project and requested that the
noticing area be expanded.
CC Draft Minutes 10/12/04
Page 11 of 15
16
Richard Sims indicated he had not receive any notices on this project, and requested a
solid block wall for privacy and sound if this project is approved.
Chuck Mackey spoke about water shortage issues and suggested the developer place
the privacy trees on their side of the property.
Hamish Marshall answered questions of Council.
Brad Breckwald, applicant's Civil engineer, spoke about the trees and traffic circulation
through the site.
Mayor Luna closed the Public Comment period.
Mayor Luna stated he could not support this project, as it gives away valuable
commercial property. He would like to see the details worked out with the
neighborhood, and felt there was too much flexibility for staff with site design.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to approve Resolution A certifying Proposed
Mitigated Negative Declaration 2004-0024.
Motion passed 3;2 by a roll-call vote. (Pacas, Luna opposed)
(Resolution No. 2004-083)
Council Member Pacas stated she understands the 41% figure, but does not feel it
makes sense to include the park and creek as the commercial is not around that. She
would like to think in terms of.square footage which would put the figure a long way off.
She stated this is not what she understood she was supporting at the May 11 th meeting.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Resolution B approving General Plan
Amendment 2003-0008 based on findings.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
Resolution No. 2004-084)
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to adopt Ordinance A Introducing an ordinance for
first reading by title only, to approve Zone Text Change 2003-
0070 establishing the PD-24 overlay.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
MOTION:' B Mayor O -Pro Tem Scalise and seconded b
YY Council Member
Clay to approve Ordinance B:introducing an ordinance for first
reading by title only, to approve the Zone Change 2004-0083
based on findings.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) IV
CC Draft Minutes 10/12/04
Page 12 of 15 -
17
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to approve Resolution C approving Conditional Use
Permit 2003-0117, which is the Master Plan of Development,
based on findings and subject to Conditions of Approval and
Mitigation Monitoring and to make changes on the Master Plan
of Development as follows:
■ Condition No. 11: Revise language to reflect a shift of
up ,to four (4) feet toward Principal Avenue to
accommodate drive isle planters.
■ Condition No. 22: Drop "off site circulation and add
"interim,,,
■ Condition No. 33: Add "...or as approved by the City
Engineer."
■ Condition No. 34: Revise approved.to "improved."
■ Condition No. 57: Delete "Prior to recording the tract
map. "
• Condition No. 59: Revise to read "...the applicant shall
complete improvements required by these conditions of
approval or bond for said improvements."
And, raise all of the second story windows to a height that is
not intrusive to the neighbors line of sight and to include in the
deed and CC&R's all current commercial and agricultural uses
and to leave open the offer by applicant of $1,500 per neighbor
for additional landscaping.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolution No. 2004-085)
MOTION By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to approve, Resolution D approving Vesting Tentative
Tract Map 2003-0044 based on findings and subject to
Conditions of Approval and Mitigation Monitoring including:
■ Condition No. 10: Drop "off site circulation" and add
"interim.,,
■ Condition No. 24: Add "...or as approved by the City
Engineer.,,
■ Condition No. 25: Revise approved to "improved."
Motion passed 3:2 by a roll-call vote. (Paras, Luna opposed)
(Resolution No. 2004-086)
CC Draft Minutes 10/12/04
Page 13 of 15
18
3. 5310 Carrizo Rd. Single Family Planned Development Zone Change 2004
0078,Master Plan of Development (CUP 2004-0126), Vesting Tentative Tract
Map 2004-0048 (Griffin)
■ Fiscal Impact: The project is conditioned to fund all of its in tract maintenance
costs and contribute to the funding of emergency services. As conditioned
the project is projected to be revenue neutral to the City.
■ Planning Commission Recommendations: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2004-0030; and,
2. Introduce for first reading by title only, draft Ordinance A, to approve Zone
Change 2004-0078 based on`findings; and,
3. Adopt Resolution B approving Conditional Use Permit 2004-0126 to
include the Master Plan of Development (EXHIBIT B) based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
4_ Adopt Resolution C approving Vesting Tentative Tract Map 2003-0048
based on findings and subject to Conditions of Approval and Mitigation
Monitoring. [Community Development]
THIS ITEM WAS PULLED FROM THE AGENDA.
D. COMMITTEE & LIAISON REPORTS:
Council Member Pacas
1. Atascadero Youth Task Force: had back to school kickoff last night andall
Council Members were present.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney asked 'Council to recommend a time for
interviewing law firms for the position of City Attorney.
There was Council consensus to put off the interviews to after the election.
CC Draft Minutes 10/12/04
Page 14 of 15
19
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 1:23 a.m. to the next regularly scheduled meeting
of the City Council on October 26, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following Exhibits are available for review in.the City Clerk's office:
Exhibit A—Council Member Pacas, statement of abstention
Exhibit B-City Clerk,correction to Item #A-1
Exhibit C-Community Development Department, addendum to Item #13-1 Draft Resolution C
Exhibit D—Westpac Investments, handout re project revisions
Exhibit E—Carol Florence,applicant's response to conditions of approval
CC Draft Minutes 10/12/04
Page 15 of 15
20
ITEM NUMBER: A 2
DATE: 11/09/2004
1918 1979
Atascadero City Council September 2004
Staff Report - City Treasurer
September 2004 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for September 2004
REPORT IN BRIEF:
Cash and Investments
Checking $ 134,419
Money Market Accounts 2,801
Certificates of Deposit 6,533,272
Government Securities 3,733,509
LAIF 15,361,706
Cash with Fiscal Agents 143;842
Cash in Banks at September 30, 2004 $ 25,909,549
Deposits in Transit -
Outstanding.Checks (63,326)
Cash and Investments at September 30,2004 $ 25;846,223
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
09/01/04 CIT Bank CD $ 97,000 09/01/09
09/01/04 Flagstar Bank CD 97,000 09/01/09
09/03/04 Heartland Bank &Trust CD 97,000 09/03/09
09/22/04 Delta Trust & Bank CD 97,000 09/22/09
09/30/04 The People's Bank CD 97;000 09/30/09
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
09/14/04 First Business Bank CD $ 95,000 $ 95,000
09/20/04 Advanta Bank CD 95,000 95,000
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
Paged of 12
21
CITY OFATASCADERO
TREASURER'S REPORT
-CASH&INVESTMENTSACTIVITY SUMMARY
FOR THE MONTH OF SEPTEMBER 2004
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
BalanceP er Banks at
September 1,2004 $ 312,171 $ 25,566,237 $ 337,676 $ 26,216,084
Receipts 1,407,297 51 136 1,407,484
Disbursements (1,520,049) - (193,970) (1,714,019)
Transfers In 1,100,000 1,165,000 - 2,265,000
Transfers Out (1;165,000) (1,100,000) - (2,265,000)
Balance per Banks at
September 30,2004 $ 134,419 $ 25,631,288 $ 143,842 25,909,549
Deposits in Transit -
Outstanding Checks (63,326)
Adjusted Treasurer's Balance $ 25,846,223
22 Page 2 of 12
b N
Np oNo vo oho o rn
76
a of a O v m oo e m o0 00 0 00
t,` oOOo opo - h CD O n N 10 O
CD
7 oo O C o h h vi n m
a lD 10 t- oo ON l-
-m ON - m O eF 0\ O\ a O\ O, T
m
� a
69
0 0 CD
0 0 0 0 0 0 0 0 0 0 0
r eo 0 0 0o v o 0 0 0 0 0 0 0 0 0
l- l�
O, rn rn Or m m D\ D\ D\
b9
�tl ttl ttl r � ttl td N N ttl R) N td N b ed
� e
�O O O O Cl O O O O O O O O
O O O p O C O O O O O O C O O O
l� oo p (per p et O p p p O O p O p - p
w �
a
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
r O Yl 00 p Vl V1 pOVl O li Vl Vl O O l� r N N M m O
In 7 t+t 7
N
V O
O C O O - C O h h O O vi Vi C O O .n
I I N N
\p 7 M l� .+ t 7 tri Ki M m K1 7 m cY a
a
w w 110, w w w w w w w
p o 0 0 0 0 0 0 0
v U U U U U U U U U U U U
OO
W 7
iz
10
C C. O C O go
go
A a=
wco
�
O W L O N C � V]
jt, a oa UA Aa go wIts U zZ aw wa Qv� 3Q C7 a�. c
y 7 h h Vt Vt Vt 'Vl V1 V1 Vl Vl V1 Vl b
O
FL
23
wC-01 7N e{ ti O b O N -�
h ll Vi �D O N O
0o
O oo vi 0\ N b m N
N vii Do � �-� O
w w O K v1 vi N 00 .
� a
O O O O 7 O O O O o O O o O O O
O O O O O O O O O o o - O O. O O O
O O O O O O O O O o O O O O O O O o o � o t Q; o a r
O, T o C N O� CD O\ a O, a Q� 0 C\ 0\. ol
0
e
OO O O O O O O O O o O O O O O
O O O o O O O O O o o O O O o O
O O O o o O O O o O O O O O O O
w wti o, o ol rn rn rn o rn rn
U m a a
w
ce
q o 0 0 0 0 o o o o e o 0 0 o o 0
O .n O Vi Vi vi O oC1 O o
't M o O
.�+ h O O 1� O O O
!1 M e1 M M M M m M a a 7 M a V
W 0. a
V O q O o O O o O 0 0 0 0
til O vi o vl o vi � V1 Vi O Vi O O O O
0 m O o o rn - o o
M 0
0 0
a M M M M M � a a M <r + a
OcFq
H � N Q)
w vel a e Ell
N A A 10, A [ A A 'o A A A A A A
��� 4R 's 0 y
W ro id R R � R � itl
U eaL�V J U `pLaU ti laLyU epL� U U ��ggLUyy U U
N N N N a 7 O M N N N O N N N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
a a Io
N N O m N N M N N N M O O
A n n n - - r n o0 0� b oo oo 00 00 0o rn 0
0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0
Q.
All
o
zs1 as o $ o d Zzm
caa O O U 1 0o 'a d D
U U1 A 0O1
4u .a0 U
ZU
[y O O O O O O O O O O O O O O O O
O N N O N N N M O O
O O O O O O O O O O O O O O
24
i
o, O oo. h M M oo h d• to �p p
m 0o e1' �° N h O O o, M h O
N N ff v
a
O N N M M W �o M V1 M �o O
00 00 d• M m h O O b N N h h vi Co
t� O vl oo h O M N vi eF a N h m oo V' N
^W �C GO h DO o0 O� 00 l� l� l� 7 00 Vl O Vi.
°, O, O, of T 01 T of O\ of m T O O,
N N N M
c9
O - O O O Vi O O O O O O to O O O O
O O O O O O O O O O O N O C O O
O O O � O O' O O
ry v D n o. v T n C^ r of C 7 O
° T T O. oN o, O1 o\ o\ of of O o\ O D\
N N M m
Gq
R O A t0 V1 td N N e0 e0 ttl h � tE ed ttl
y
ae
' o O O O O O O O O O O . o O C C O
CD O O O O O O O O O O O - O O O O
O O O O O O O O O O O O O O C O
W p o C\ o rn o oa rn rn a C, rn 0\ rn rn
U m M M m
W p
v
O O O O O h vi O O O "O .moi O C O O O
o v a - to to h o 00 m o m ll� o
7 M m M M M f th t+1 fn M d' C1
W O o
N q •,
o e o o 0 O C 0 o oe o 0 O O O N v1 Vi O O O O Vi O O O O
O O o� vi O h O 00 0o O h M to O
N N M M m
O try w
o o 0 0 0 0 0 00 0 I o o
v' a a m of o' aQi' aai
W A A A 0 A A A A A A A A �, A
,y w w w w w w w w w w w w
o q o o
u 0 u
O O O O O O O O O O O O O O O O
a
C �
N °
aIt
o U A
A h � 7 az > arAU c o w 'y al 2a nd
°o
wv uu u
h h h h h h h h h h h h h r" o0 00
t' Q� N � M tory O O O •M� .�+ N N O
O O O O O O O
25
h N M O\ M .moi o0 O\ N 0o f� 00 �D 7 V1
_a a M o M a s vi o �n o0
E'^ N er vi lo
ON h M
FrLq O1 O� N m O� O� N O, O\ N
fA
O O O O O O O O O O O O O O O
O O O O O O O O O O
O O O O t4 Vi O O O O O O O O O O
O 00 00 O h N nn O O� o, O, C, t�
CA N m D\ O� N T O, m O, T N O1 a, 0\
G9
a �
e
O O O O O O O O O O O O O O O O
O O O O p O O O O O O O O O O O
O O C O O O O O. O C O O o O O O
w �
q o 0 0 0 0 o e e o e o 0
O O O O
O O O O O� N N M oo Vl O O 10 �D
m m N fV (V m N M m m m m v v m m
qb
C .r
N q
O
o e e o O 0 m
O O O Vl O O O O
O Vi h
O O O O
C, C-4 N M m - O
m C4 m m m' m M1 v v M m
Z4
PY �
~ Q oo m Q Vl y Q A Q Q Q A A Q
�Y O O C o C O O O O O C O O O
td eC � etl � G eC ttl N. id S. �i N N td
M M M M m
O O O O O O O O O
O .fir M O Off+
O O O O O O O O O O O O O O
a
CD
Al
a
4
O q
c o w d
u y 5
W � fAQRS Em E M Em Em ¢ F W Ea'
xM too x R ZW cw
d ac az
E �,
A w w v u a w u w U H -¢ 3 u a �n w u v u w x
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
V1
eC O
—m.
N N O O N -N—
o
O N
q w c� cD Q 0M N
o C, 00 00 a o
O O O O O O O O O O 0 0 o O
26
A a o ^na 0 r .,. a b oo v r
W a o, .mom. 00
Q �o l� oo m m obo v vbi `* b oao v°ii opo.
M a b w
m I
tE T a
o N N OO t O tC, l� a vi Vj
ON a ON ON O a
vi
0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 C o o
p rn
o, o, rn a a h h vi o r r a tN C
a a,a a a o a a a a a
[r m
O
rn
cy U
a
e
10:1 O O O O o p p o O o o O O O o
O O O O O O o O O O O O o0 O
O O O O O O OO O O O o O O O O
� o � 0\ a
va
Vr v1 v1 o vi vi vl O vi O O vi vi O' vi O
b b M b V1 V1 h h o V1 N M O C� a
m m tri m m cri m �+i em a ni a a a m rri
� O
o e a o 0 o n
b b vi m b vi vi vOi O vpi N M O
en M M RI m M - et KI 7 eF to M o0
ti
0 0 0 0 0 0 0 0 0 0 0 0 0 0 o
a a
Aa a a
W A A Q A A A A Q A
Q+ o 0 0 0 0 0 0 0 0 0 A A A 110,
A
t
U U U
M fes) O O p O N M O M M O O
In vi -vi b b rn a
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
a
A
L C_
f.y yCi •IO.� � �
ply c (A V Pa 0.l N Y w Ca
cd
°D
9 'fl W �' a+ U 9 N O O � O O _G � •O � h O
i
L id ,� O O W
w5 Sv wa.
4. P, 3 � uu [-�• a z � 3p wL) wi
[ti o 0 0 0 0 0 0 0 0 0 0 0 0
r o m m o 0
Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
27
q y
yN O a a
m
65
N N
O V01 O h w W
T
b
a N .r
49 69
Nt
O O O N of
Qw M en V n
r-4
N
V
vi
Al
°
U
N h -
O
W W T C, a
N p �.. ti
O
q o o o o X10 C y
oo c Q a
m
a�L] o w fy cq°
It
ti U _M
y
M
w c
43
Ftp 0 0 0 a
r4 0
or
U �
y N Eta
r
go
Pr F G1 o
C
q O O O
28
City of Atascadero
Investments by Type
September 2004
Government Securities
14% Cash with
Certificates of Deposit Fiscal Agent
25% 1%
Other
0%
LAIF
60%
Investment September 2004
LAIF $ 15,361,706
Certificates of Deposit 6,533,272
Government Securities 3,733,509
Cash with Fiscal Agent 143,842
Other 2,801
$ 25,775,130
Page 9 of 12
29
City of Atascadero
Investments by Maturity
September 2004
One to Five Years
37%
One Month
to One Year
3%
On Demand
60%
Investment September 2004
On Demand $ 15,364,508
Within One Month -
One Month to One Year 697,277
One to Five Years 9,569,503
$ 25,631,288
30 Page 10 of 12
City of Atascadero
Investments by Custodial Agent
September 2004
RBC Dain Rauscher
27% Bank of
New York
Penson 1% City of
Financial Corp. - Atascadero0%
12%
State of California
60%
Custodial Agent September 2004
State of California $ 15,361,706
Penson Financial Corp. 3,188,019
RBC Dain Rauscher 7,033,158
Bank of New York 143,842
City of Atascadero 48,405
$ 25,775,130
Page 11 of 12 31
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Year Ended September 30,2004
3.00%
2.50%
;k 1
l.• 3
Z
2.00%
1.50%
1.00%
0.50%
0.00%
Off` Off` O�
O O O O O O O O O O O O O
�eQ
��ti Go�e�ti `� eti P° QEF
m
City Yield -�2-Yr Treasury Yield
2-Yr
Treasury
City Yield Yield
September 2003 2.23% 1.71%
October 2003 2.21% 1.75%
November 2003 2.18% 1.93%
December 2003 2.11% 1.91%
January 2004 2.10% 1.76%
February 2004 2.03% 1.74%
March 2004 2.07% 1.58%
April2004 1.98% 2.07%
May 2004 1.97% 2.53%
June 2004 2.03% 2.76%
July 2004 2.13% 2.64%
August 2004 2.17% 2.51%
September 2004 2.21% 2.53%
32 Page 12 of 12
ITEM NUMBER: A-3
DATE: 11/09/2004
Atascadero City Council
Staff Report- Public Works Department
Final Map 2004-0094 (Parcel Map AT 03-0101)
2135 San Fernando Road (TPM 2004-0058)
(Phillips / Wilson Land Survey)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2004-0094 (Parcel Map AT 03-0101); and,
2. Reject offer of dedication for streets without prejudice to future
acceptance.
DISCUSSION:
Tentative Parcel Map 2004-0058 / Parcel Map AT 03-0101 was approved by the
Planning Commission on July 20, 2004. The subdivision approved the division of
an existing 6.05 gross acre lot into two individual parcels.
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, 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.
Staff recommends rejecting the offer of dedication for streets without prejudice to
future acceptance. Staff has determined that the Final Parcel Map is consistent
with approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENT: Exhibit A: Final Map 2004-0094 (Parcel Map AT 03-
0101)
33
ITEM NUMBER: A-3
DATE: 11/09/2004
Exhibit A
Final Map 2004-0094(Parcel Map AT 03-0101)
2135 San Fernando Road
Phillips/Wilson Land Survey
4y'
v
• is �n� �
F Genn
n
av
m �
1 m�ib �a
O
,
a� �-
J
p,� ta� YYID
Jam'•
114
34
ITEM NUMBER: A-4
DATE: 11/09/2004
K
ie
Atascadero City Council
Staff Report - Public Works Department
Final Map 2003-0063,(Tract 2495)
6025 Del Rio Road (TTM 2002-0026)
(Midland Pacific)
RECOMMENDATIONS:
Council•
1. Accept Final Parcel Map 2003-0063 (Tract 2495); and,
2. Reject, without prejudice to future acceptance, the offer of dedications for:
a. Streets
b. Public Pedestrian Access Easement.
c. Public Landscape Easement.
d. Public Utility Easement.
e. Public Drainage Easement.
f. Public Sewer Easement.
g. Lots 71, 72 and 73; and,
3. Authorize City Manager to execute Subdivision Improvement Agreement;
and,
4. Authorize City Manager to sign Workforce and Affordable Housing
Selection Plan; and,
5. Authorize City Manager to sign Agreements to Provide Housing Units for
Persons and Family of Low/Moderate Income; and,
6. Authorize City Manager to sign Subdivision Annexation and Assessment
and Parcel Tax Authorization Deferral Agreement.
DISCUSSION:
Tentative Tract Map 2002-0026 / Tract 2495 was approved by the City Council
on August 12, 2003. The subdivision approved a 70-lot residential Vesting
Tentative Tract Map on a 28-acre site,
The "Subdivision Annexation and Assessment and Parcel Tax Authorization
Deferral Agreement" allows the project to continue development while the City
works on the establishment of the Assessment District. When the Assessment
35
ITEM NUMBER: A-4
DATE: 11/09/2004
District is established, staff will bring a resolution to Council for the acceptance of
the various offers of dedication.
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, 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.
Staff recommends rejecting the offer of dedication for streets, public pedestrian,
landscape, utility, drainage, and sewer easements, and Lots 71, 72, and 73,
without prejudice to future acceptance. Staff has determined that the Final Tract
Map is consistent with approved Tentative Tract.Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2003-0063 (Tract 2495)
Exhibit B: Subdivision Improvement Agreement
Exhibit C: Subdivision Annexation and Assessment
and Parcel Tax Authorization Deferral Agreement
36
ITEM NUMBER: A-4
DATE: 11/09/2004
Exhibit A
Final Map 2003-0063(Tract 2495)
6025 Del Rio Road
Midland Pacific
R �
fill
_ F
5 55
a
HaY 9 u 3 p
SO z gg gg gg
caro
a
0301,
q g fig,
§ ai;b
J-
w c _
:qy. a J I
Ovw 00 ►30
37
ITEM NUMBER: A-4
DATE: 11/09/2004
4 e-
aid _ k
\\
\\\\� e
\ \\
\\\\\\NN\\1
W
n
J
R
4311 :
Ell
\\\\\\N\\\\\\\\\\\\.
"K. \ \\\\\\\\\\\\ g \\.\\\\ �.\�:\\\\\
V\\\\\\\
�M
Ld
w gHI
�
sT a 'c :n
Li ;I
``' I
yN- API[ p3
Eli
38
ITEM NUMBER: A-4
DATE: 11/09/2004
�
r ra s
y a• s e '8L'aE�iB® 89 Rg 3 s
I
9 p Ir—
Z \\
Y
lh-
12
HIM
z
1
m !
W
� g �_ �� 111 �• � ,�.•�'�,T '-r•.� � \ � � 6 e
t L F ' �i � � �E♦
� k
Rik \
\ a
d a
Nx
�"
J FF C F W
tp
_e y ��pp •
q � F
,� �
5
39
ITEM NUMBER: A-4
DATE: 11/09/2004
Exhibit B
Final Map 2003-0063(Tract 2495)
6025 Del Rio Road
Midland Pacific
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6905 EI Camino Real, Suite 6
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER: Colony Investments, LLC by Midland Pacific Manactement
Corporation
SUBDIVISION: Tract 2495
ESTIMATED TOTAL COST OF IMPROVEMENTS: $4,806
This Agreement made and entered into by and between the City of Atascadero, a
municipal corporation of the State of California (hereinafter referred to as "City") and
Beauwest, LLC (hereinafter referred to as "Subdivider").
RECITALS
A. Subdivider has presented to the City Council of the City of Atascadero Tract 2495 for
approval but not all of the improvements required or conditions imposed by Title 11,
Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been
completed or performed.
B. Subdivider desires to record Tract 2495 after the same has been approved by the City
Council of the City of Atascadero,
C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map
that Subdivider must have either completed, in compliance with City Standards, all of the
improvements and land development work required by Tract 2495 or have entered into a
40
ITEM NUMBER: A-4
DATE: 11/09/2004
secured agreement with City to complete the improvements and land development
within a period of time specified by City.
D. In consideration of approval of Tract 2495 by the City Council, Subdivider desires to
enter into this Agreement, whereby Subdivider promises to install and complete, at the
Subdivider's own expense, all of the public improvement work required by City in
connection with Subdivision.
E. Improvement Plans for the construction, installation and completion of the improvements
have been prepared by Subdivider and approved by the City Engineer. The
Improvement Plans for Tract 2495 are on file in the Office of the City Engineer and are
incorporated into this Agreement by this reference. All references in this Agreement to
the Improvement Plans shall include reference to any specifications for the
improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements according to the
Improvement Plans has been made and has been approved by the City Engineer. The
Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis
for the estimate is attached as Exhibit "A" to this Agreement.
G. Subdivider recognizes that by approval of Tract 2495, City has conferred substantial
rights upon Subdivider, including the right to sell, lease, or finance lots within the
subdivision, and has taken the final act necessary to construct the public improvements
i within the subdivision. As a result, City will be damaged to the extent of the cost of
installation of the improvements by Subdivider's failure to perform its obligations under
this Agreement, including, but not Limited to, Subdivider's obligation to commence
construction of the improvements by the time established in this Agreement. City shall
be entitled to all remedies available to it pursuant'to this Agreement and law in event of a
default by Subdivider. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of Tract 2495 constitutes an adequate remedy for
default by the Subdivider shall be within the sole discretion of City.
NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code,
Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the
approval by the City Council and the filing of Tract 2495, the parties hereto do promise and
agree one with the other as follows:
1. Subdivider is to make and complete all of the improvements for Tract 2495 as shown on
the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8,
Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, oras amended.
2. It is further understood and agreed by and between the parties hereto that the
improvements as required by the conditions of approval for Tract 2495 shall be
completed within one year from the Date of Agreement. These improvements include,
but are not limited to the following: those shown on the plans accepted by the City
Engineer and on attached Exhibit A.
41
ITEM NUMBER: A-4
DATE: 11/09/2004
3. The Subdivider promises and agrees to complete all improvement work referred to
hereinabove to the satisfaction of the City Engineer.
4. If said improvement work is not completed within one year of the Date of Agreement, the
Subdivider agrees that the City may elect to complete the same.
5. In the event the City elects to complete said work or improvement,the Subdivider agrees
that the City may exercise it's option to declare the bond or deposit, as hereinafter
described, forfeited and utilize the proceeds, including any interest, to complete said
improvements or that the City may complete said improvements and recover full cost
and expense thereof including reasonable attorney fees from the Subdivider and his/her
surety.
6. The Subdivider shall, prior to submitting the map for filing, file an improvement security
with the City, in a form acceptable to the City Attorney, in the amount of the Estimated
Total Cost of Improvements, which is the amount deemed sufficient by the City
Engineer. In no case shall the improvement security be less than 100%of the Estimated
Total Cost of improvements. Further, the Subdivider shall file a security for labor and
materials in the amount of the Estimated Total Cost of Improvements. The security for
labor and materials shall be no less than 50% of the Estimated Total Cost of
Improvements. Periodic progress payments may be authorized to the Subdivider as the
improvements are completed if adequate security remains as determined by the City
Engineer, however, no such progress payments shall be made for more than 90% of the
value of any work. Progress payments shall only be paid on work that is completed to
the satisfaction of the City Engineer.
7. The Subdivider hereby agrees that after the completion and acceptance of the
improvements as specified in paragraphs 2 and 3, 10% of the improvement security
shall be retained for the guarantee and warranty of the work for a period of one year.
8. It is understood and agreed by and between the"parties hereto that this Agreement shall
bind the heirs, executors, administrators, successors, and assigns of the respective
parties to this agreement.
9. In the event legal action is taken to enforce the provisions of this Agreement, the
prevailing party shall be entitled to recover costs to enforce the Agreement, including
reasonable attorney fees.
10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents
and employees from any and all claims, demands, damages, costs, expenses, or liability
occasioned by the performance and attempted performance of the provisions hereof, or
in any way arising out of this Agreement, including, but not limited to, inverse
condemnation, equitable relief, or any wrongful act or any negligent act or omission to
act on the part of the Property Owner or of agents, employees, or independent
contractors directly responsible to the Property Owner, providing further that the
foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or
omissions to act committed jointly or concurrently by the Applicant, the Property
Y
w
O ner s agents, employees, or independent contractors. Nothing contained in the
42
ITEM NUMBER: A-4
DATE: 11/09/2004
foregoing indemnity provisions shall be construed to require the Property Owner to
indemnify the City against any responsibility or liability in contravention of Section 2782
of the Civil Code.
11. Upon acceptance of the work on behalf of City and recordation of the Notice of
Completion, ownership of the improvements constructed pursuant to this Agreement
shall vest in City:
12. Sale or other disposition of this property will not relieve Subdivider form the obligations
set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of
any actual or pending sale or other disposition of the property. If Subdivider sells the
property or any portion of the property within the Subdivision to any other person,
Subdivider may request a novation of this Agreement and a substitution of security.
Upon approval of the novation and substitution of securities, Subdivider may request a
release or reduction of the securities required by this Agreement. Nothing in the
novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or
improvement done by Subdivider.
13. All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by mail, postage prepaid and addressed as provided in this
section. Notice shall be effective on the date it is delivered in person, or, if mailed, on
the date of deposit in the United States Mail. Notices shall be addressed as follows
unless a written change of address is filed with City:
City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subdivider: Colony Investment, LLC
6955 EI Camino Real, Suite 200
Atascadero, CA 93422
Surety: Insurance Company of the West
191 W. Shaw Ave
Fresno, CA 93704
14. The provisions of this Agreement are severable. If any 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 the mutual consent of the parties.
15. The Recitals to this Agreement are hereby incorporated into the terms of this
Agreement.
16. This Agreement constitutes the entire Agreement of the parties with respect to the
subject matter. All modifications, amendments, or waivers of the terms of this
43
J
ITEM NUMBER: A-4
DATE: 11/09/2004
Agreement must be in writing and signed by the appropriate representatives of the
parties. In the case of City, the appropriate party shall be the City Manager.
44
ITEM NUMBER: A-4
DATE: 11/09/2004
IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has
caused these presents to be signed by its duly sworn and authorized officers the day and year
first hereinabove written.
CITY OF ATASCADERO SUBDIVIDER:
By:
(notarize signature)
Wade G. McKinney
City Manager
Attest:
Marcia M. Torgerson
C.M.C., City Clerk
Approved as to content:
Steven B. Kahn, P.E.
City Engineer
Approved as to form:
Thomas R. Gibson, Interim City Attorney
45
ITEM NUMBER: A-4
DATE: 11/09/2004
EXHIBIT A
ENGINEER'S OPINION OF PROBABLECOST Owner. Midland Pacific Bldg Corp.
Project:Tract 2495Ptascadero SUBDPASIONIMPROVEMENTSONLY
Date: 3/152004
No. '@emDescription "quanity Units Unit Cost Item Total Totals
City Required ktlprovem mita
i Mobilization 1 LS $10,000.00 $10:000.00
Mobilization Total $10,000:00
2 Site.Claarand Grubb
vegetation removal 24:8Acres $750:00 $18,61)(11.00
asphalt paving removal i LS $7,500:00 $7;500:00
hauling&disposal lees 1 LS $7,500.00 $7.5W:00.
Site.Clear&Grubb Total $33;600.00
3 Demolition
remove existing homes done EA $5,000.00 done
asphansewcuaim 4200 LF 52.00 ,$8.400.00
temporary tresiencing. 5000 LF $3;00 $15.000.00
Demolition Total $23,400:00
4 Earthwork
cut 30;000 CY- 42.00 $60.00040
flu =30000 CY .$0.90 $120,000.00
ovarazcavadonand:mcompactsutgrade 6440 CY $3:00 .$19;326.00-
. de6entionbasin.No.1fine.grading i LS 37,5W.00 $7.500.W
detention basin No.2 ins gradirV '1 L3 $7.500:00 $7;500.00
Bosh grading 15000 CY $3.00 $45,000.00
erasion control 130000 SF 46.08 $10,400.00
EarthworkTotai $269,720.00
5 Road Surrace.Improvements
buffs control 1 LS $3:500:00 $3,600:00
handl-capramp 15 EA .$750:00- $11.250.00
:drivaway.apron 9530. SF $5.50 352,415.00
cancrete skler 23530 'SF $3.00. $70,590.00 _
wrb and.gulter 7700 LF 511 t00 $84,700.00
euro only 1185 LF 36.OD $4,480.00
Concrete Pavers,/"Fabric:1 Bedding 6775 SF $4-.00 $27,100.00
2.5*AC 17.0'C12 AS 48,9112- 5F $1.50' '$78,25920
4.5"'AC/0'CI:2 A8 26AW '.SF $2.40 $63,564:00
2.5'ACI6.0`Ci2'AS 71083- -BF $1.50 :$106;624,50
.street paving repair,at utility connections 4950. SF $4:00 $19:500:00
cros"uaerandspandrel 2470 :SF - $10.00 -$24,700.00
,concrete,ws"10 gutter 1600 LF $16.00 $16.000.00
sUr4ord:emt,montanent 18` EA: $550:00 $9,900.00
trafkpaiM:sluroft 3558 LF $C50 $5,325.00
haft pavementmerlu`rg 100 SF $8.00 $800:00
-signage. 10- ,FA. .$175.00 $1.750500-
Road'Surface Imp.Total' _ - .4585,757.70.
6 Drainaoeand Erosion Control p�ES5
sedimentation barriers and msintanace 1 LS $1000.00 $1,000.00 QQ
detention basin:.No.1OWerstructure 1 FA $3000,00 $3;000.00 .6-
detention basin No.2Oudecfitnuoure 1. EA $3,000.00 $3;000.00 ty SS
SDCurb'Inlet 15. EA.. $2,800.00 $42,000.00 rq .S.N01JiF1s� '31
concreteSD manhole 8 EA $2,000.00 $18:000.00. w43D 9 y
424nch HDPE'Stolm Dram 395 LF 560.00 $23,700.00 or 1401 3 31.06 . 7t
364nch HDPE'Storm Drain 100 LF:.. .$50.00 .$5;000:00 .EXP' ` 1!T
30-inch HDPE Stone Drain. 135 LF 445.00
24-inch HDPE Storm Drain 700 LF .$40.00 $28:000.00 tSj \4
184nch HDPE Storm Drain: 795 LF $35,00 525:725:00 qTE OF CA -
64ich HDPE Storm Drain 190 LF- .$20.00 $3.800.W
concrete slurry backfill '50 ICY $80.00 :$4,006.00
concrete hearlwa6 at DeLBasin No.I 1 FA $3,00000 $3.000.00 _
rock rip-rap - 20 CY $500.00 $io;000.00.
Drainage and EC Total $174,900.06
C,.,,.Il„ha,.w ii o,,,r..rae r_„ar_TpeM Dana
46
ITEM NUMBER: A-4
DATE: 11/09/2004
No. Item Description quanity: Units Unit Cost Item.Total Totals
7 Water System Improvements
adnch PVC water line -3025 LF $20:00 560;500:00
tie-into-wdetrhg ACP water. 2 EA $500.00 $1A00.00
84nch gate valve -9 EA :$650.00 $5,200A0
64nch gate valve 2 EA $650.00 $1;300,00
firehydrant assembly wl 6-inch valve 7 EA $2,100.00 $14,700;00
air release valve 3 EA '$900100 $2.700.W
thrust blocks 13 EA $125.00 $1,625.00
1Z-1rich domestic service lateral 70 EA $600.00 $42,000.00
1.54nch irrigation service lateral 2 EA $600.00 $1,200.00
Water Total
$130;225.00. ,
8§mer System.Improvements
lift station pumps 1 LS $13,500.00 $13,500.00
lift station controls 1 LS $4,500.00 $4,500.00
lift station wet well. 1 LS $22-,000.00 $22,000.00
fm station piping and valves 1 LS $12,500:00 $12,500.00 !'
lift station electrical service. 1 LS $5;500.00 $5;500.00
4-inch force main -2190- LF !$22.50 $49;275:00
lift station fencing,gates&:site Imps 1 LS $7.500.00 $7,500;00
bore Under Cateans RNJ 1 LS $7,500.00 $7;500.00
force Main clean-out 6 EA $750.00 $4,500:00 !i
Swinch PVC sewer line 3450 LF $22-00 $75;900:00
ti"to existing sewer 1 EA $500:00 .SWOAO
sewer manhole 17 EA $2,OD0.00 $34,000:00.. !,
4-inch sewer lateral 70. EA $575.00' $40,250:00
Sewer Total $277,425:00
9 SITE UTILITIES
Electric joint trench&conduits 4400 LF $9.00 $39.600:00
Phone conduit. 44DO LF $3.00 $13,200.00
Gat 3600
conduit 3600 LF $6.00 $21,600:00
Site.Utilities rTotal 4400 LF
$3.00 :$13,200.00
$87(600,00
10 Retaining Wells
concrete block retaining.wall '3150 +8F ;$9.00 $28,350.00
concrete tooting 125 GY $200.00 $25,000.00
drainage backfilE 3150 SF $2.D0 $6.3DO.00
footing ekcavatiori 125 CY $3000. $3,750.00
RetainingWallTotal .:$63,400.00 !
it Miscellaneous
decomposed granite pa8tway 450 LF $10:00 $4,500.00
Landscape Basin/Park area '0 SF $1;00. $0:00.
Irrigation of Basin I Park area 0 -SF $1:00 $0.00
Surveying/Const Layout 1 LS $75;000.00 $75.000.00
inspections Testing I LS- $25;000:00 $25;000:00
Miscellaneous Total - !
$104,500.00
SUB TOTAL $1:759.927:70
12 10%Contingency 10% $175,992.77
GRAND TOTAL
$1;935,920.47
Engc'CgnidnbTProbable Cost-TRACT.
2499.
47
ITEM NUMBER: A-4
DATE: 11/09/2004
Exhibit C
Final Map 2003-0063 (Tract 2495)
6025 Del Rio Road
Midland Pacific
Recording Requested By:
When Recorded Mail To:
City Clerk
City of Atascadero
6905 El Camino Real,Ste: 6
Atascadero,CA 93422
SUBDIVISION ANNEXATION AND
ASSESSMENT AND PARCEL TAX AUTHORIZATION
DEFERRAL AGREEMENT
TRACT 2495
(THE COLONY AT APPLE VALLEY,TTM 2002-0026)
This agreement ("Agreement") is made at Atascadero, California, effective as of August
24, 2004 (the "Effective Date"),by and between the City of Atascadero, a municipal
corporation ("City") and Colony Investments, LLC, ("Owner") (together, sometimes
referred to as the "Parties")to allow for approval and recordation of final maps for the
Colony Investments project (the "Project") prior to satisfaction of conditions of approval
for the Project that required Owner to approve mechanism to provide funding for the
public services and facilities necessary for the Project.
Recitals
A. On August 12, 2003, the City approved the Project, which consists of 70
single-family residential lots, and 3 open space lots. Project approvals included a
Tentative Tract Map (TTM 2002-0026) (attached as Exhibit A and described in Exhibit
B),rezoning the Project property(ZCH 2002-0035), and a Master Plan of Development
for Planned Development(PD-19) (CUP 2002-0082).
B. Policy LOC 15.3 and Program LOC 15.3.8. of the City of Atascadero
General Plan 2025 ("General Plan") requires the City to ensure that "adequate service
capacity and facilities exist prior to approving new development."
C. In satisfaction of Policy LOC 15.3 and Program LOC 15.3.8, Condition 51
of the conditions of approval for the Project's Tract Map(TTM 2002-0026) (the "Cost
Recovery Condition")requires Owner, prior to the filing and approval of any final map
48
ITEM NUMBER: A-4
DATE: 11/09/2004
for the Project, to participate in the creation of means to provide funding for the
following public services and facilities costs:
1. All Atascadero Police Department service costs to the project.
2. All Atascadero Fire Department service costs to the project.
3. All streets, sidewalks, streetlights, street signs, roads, emergency access
roads, emergency access gates, and sewer mains within the project.
4. All parks, trails, recreational facilities and like facilities.
5. All open space and native tree preservation areas.
6. All drainage facilities and detention basins.
7. All common landscaping areas, street trees,medians, parkway planters,
manufacture slopes outside private yards, and other similar facilities.
8. 50% of the funding for the maintenance of the passive park area.
D. Owner has indicated that it is ready to file a Final Map for the Project,but
City and Owner have not yet completed the process of creating the means of satisfying
the Cost Recovery Condition.
E. The purpose of this agreement is to defer Owner's satisfaction of the Cost
Recovery Condition so that Owner may file a Final Map for the Project.
F. City and Owner, by this Agreement, are implementing the Cost Recovery
Condition.
AGREEMENT
With reference to the foregoing Recitals and in consideration of the mutual provisions,
obligations and covenants herein contained, City and Owner agree as follows:
1. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
2. Support for District and/or Zone Creation and Annexation.
Owner shall support and take any and all actions necessary to create as many
assessment districts and/or special tax zones as are necessary and to annex the Project
into the districts and/or zones created for the purpose of satisfying the Cost Recovery
Condition. By way of example only, the districts or zones that may be created include
but are not limited to a landscaping and lighting district, a road maintenance district, a
community facilities district, and a police and fire services parcel tax zone.
49
ITEM NUMBER: A-4
DATE: 11/09/2004
3. Submission of Ballots in Favor of Assessments and/or Special Tax
O p
Area.
Upon receipt of an assessment ballot regarding an assessment that shall be
annually imposed within a benefit assessment or other district and/or a special tax area
ballot regarding a special tax annually imposed by the zone on all the residential parcels
within the Project,Owner shall promptly indicate its support for such assessments and/or
special taxes by marking the ballot(s) and submitting it/(them) as instructed in the ballot
materials. Owner specifically understands that any assessment levied by a district and
any special tax levied by a zone may structured to increase automatically for inflation
and Owner agrees to pay any such increase.
4. Restrictions on Conveyances and Transfers of Title.
Owner shall neither convey or otherwise transfer title to any residential parcel
in the Project until all annexations to districts and voting into zones, including the
completion of the ballot proceedings, are finalized, and the assessments and special taxes
are authorized to be levied on all the residential parcels of the Project. Owner may,
however,enter into reservation contracts with potential purchasers of residential parcels
within the Project, provided that such contracts include a prominent warning that shall be
reviewed by and acceptable to the City identifying the existence of this Agreement and
summarizing its critical requirements.
5. Restrictions on Finalization of Building Permits.
Owner shall not request, and City shall not final, any building permits for any
parcel or structure in the Project until all annexations to districts and.voting into zones,
including the completion of the ballot proceedings, are finalized and all assessments and
special taxes are authorized to be levied on all the residential parcels in the Project.
6. Recordation of Agreement.
Concurrently with the recordation of the Final Map, the Owner shall record this
Agreement in the chain of title for all the residential parcels in the Project, such that this
Agreement will be identified in any title report prepared for a potential purchaser of a
residential parcel in the Project.
7. Acceptance of Final Maw
City shall not withhold approval of the Final Map for the Project prior to
completion of all annexations of the Project to districts and voting of the Project into
zones and authorization of the district assessment and zone special tax levies on
residential parcels in the Project on account of failure to complete annexations to the
districts and voting into the zones provided that the Project is in substantial compliance
with all other conditions of approval and in full compliance with applicable laws.
50
ITEM NUMBER: A-4
DATE: 11/09/2004
8. Severability and Integration of Agreement.
• This Agreement is an integrated agreement containing the entire understanding of
the Parties regarding the matters addressed herein. No amendment or variation of the
terms of this Agreement shall be effective unless made in writing and executed by both
parties. In the event that any provision of this agreement is finally held or determined to
be illegal or void by a courthaving jurisdiction, the remaining portions of the Agreement
remain in full force and effect unless the parts found to be void are wholly inseparable
from the remaining portion of the Agreement.
COLONY INVESTMENTS, LLC,
a California Limited Liability Company
By: Midland Pacific Management Corporation,
a California Corporation, its Manager
By:
Dennis Moresco,President
CITY OF ATASCADER
O
By: Wade McKinney, City Manager
Attest:
Marcia McClure Torgerson, City Clerk
Approved as to Form:
Thomas R.Gibson,Interim City Attorney
51
ITEM NUMBER: A-4
DATE: 11/09/2004
State of California }
County of San Luis Obispo)
On , 20_, before me, , Notary
Public personally appeared O personally known to me,or
p Y pp
O.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(s)he/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity(ies) upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( )individual(s) O corporation O partnership O attorney-in-fact O political agency
State of California }
County of San Luis Obispo}
On , 2.0—, before me, , Notary
Public, personally appeared O personally known to me,or
( ) proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s)
istare subscribed to the within instrument and acknowledged to me that(s)he/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity(ies) upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( )individual(s) O corporation O partnership O attorney-in-fact O political agency
52
AW
All
Ovi
Mimi
OF
IS
t.
s'
Y"e'''!e04
j►� )
MIMI
OMNI
w
►► 1\Al
r tl t �
� ,, ,,�
�
ITEM NUMBER:
DATE:
EXHIBIT B
LEGAL DESCRIPTION OF SUBDIVISION
TRACT 2495 IN THE CITY OF ATASCADERO AS RECORDED IN BOOK AT
PAGE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
Final Map 2003-0063 Page 20 of 20
54
ITEM NUMBER: B-1
DATE: 11/09/2004
'■ d1 A B ■
1918 W-9
ill
Atascadero City Council
Staff Report - Administrative Services
Approval of Issuance of Redevelopment Bonds
RECOMMENDATIONS:
Council:
1. Adopt the draft Resolution authorizing the execution of a joint exercise of powers
agreement creating the Atascadero Public Financing Authority and;
2. Adopt the draft Resolution approving the issuance and sale by the Atascadero
Community Redevelopment Agency of tax allocation bonds to finance redevelopment
activities within and for the benefit of the Agency's Atascadero Redevelopment Project.
DISCUSSION:
The Atascadero Community Redevelopment Agency (he Agency) has taken steps to
issue up to $14,000,000 in tax increment bonds allowing the Agency to build projects
implementing the Redevelopment Plan. The debt will be secured solely by Agency tax
increment revenue, and thus, the City is not liable for repayment on the debt, nor does it
increase taxes. The City, however, does have a role in the issuance of the debt. In
order for the Agency to issue the debt the City Council must adopt two resolutions.
The first resolution provides approval by the City for the creation of a joint exercise of
powers authority by the City with Agency and authorizes the execution of a joint powers
agreement by the City. The creation of the Atascadero Public Financing Authority is
necessary in order to efficiently market the Bonds. The Financing Authority will remain
dormant after the issuance of the Bonds, but may be reactivated for any future bonds
issued by the Agency or the City.
The second resolution approves the issuance of the tax allocation bonds to finance
activities within and for the benefit of the Agency Project area. State law requires that
55
ITEM NUMBER: B-1
DATE: 11/09/2004
the "governing body" which is defined to be the City Council, approve the issuance of
tax allocation bonds by its related redevelopment agency. This resolution satisfies that
requirement.
Because the proceeds of the bonds may be used for public buildings, the Council must
also conduct a public hearing regarding the use of bond proceeds on those public
buildings.
Conclusion: The Community Redevelopment Agency will be at a great advantage by
borrowing against future revenues to make a large investment into the Project Area
today especially because of the lower interest 'rates. Since the debt instrument is
secured solely by redevelopment tax increment, there is no risk or Liability to the City.
FISCAL IMPACT: No fiscal impact.
ALTERNATIVES:
1. Do not approve bonds, staff does not recommend this due to loss of future Agency
tax increment and loss of capital funding for projects.
ATTACHMENTS:
1. Draft Resolutions
56
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
ATASCADERO PUBLIC FINANCING AUTHORITY
WHEREAS, the City of Atascadero (the "City") and the Atascadero Community
Redevelopment Agency (the "Agency"), desire pursuant to Articles 1 through 4 (commencing
with section 6500) of Chapter 5, Division 7, Titled of the California Government Code, to create
a joint exercise of powers authority to assist in exercising powers common to the Agency and the
City, to undertake the financing of public capital improvements and related capital requirements
for themselves and for other public entities within the State of California;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. Formation of Joint Powers Authority. The appropriate officers and staff
members of the City, are authorized to assist in the organization of a Joint powers authority
between the Agency and the City, to be known as the "Atascadero Public Financing Authority"
(the "Authority"). The City hereby authorizes the City Manager or the City Manager's designee
to execute, and the City Clerk to attest, a joint exercise of powers agreement forming the
Authority,in substantially the form on file with the City Clerk, together with any changes therein
deemed advisable by counsel to the City.
SECTION 2. Authority Directors. The Council hereby designates all members of the
Council as directors of the Authority.
SECTION 3. Official Actions. The City Manager, the Assistant City Manager, the
Director of Administrative Services and all other proper officers of the City are hereby
authorized and directed to take all actions and do all things necessary or desirable hereunder with
respect to the formation of the Authority, including but not limited to the execution and delivery
of any and all agreements, certificates, instruments and other documents, which they, or any of
them may deem necessary or desirable and not inconsistent with the purposes of this resolution.
57
On motion b Council Member and seconded b Council Member
Y Y
the foregoing.Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Dr. George Luna,Mayor
ATTEST:
Marcia McClure Tor erson C.M.C. Cit Clerk
g Y
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
I
58
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING THE ISSUANCE AND SALE
BY THE ATASCADERO COMMUNITY REDEVELOPMENT AGENCY
OF TAX ALLOCATION BONDS TO FINANCE REDEVELOPMENT
ACTIVITIES WITHIN AND FOR THE BENEFIT OF THE AGENCY'S
ATASCADERO REDEVELOPMENT PROJECT
WHEREAS, a Redevelopment Plan for the Atascadero Redevelopment Project in the City
(the "Redevelopment Project"), has been adopted in compliance with all requirements of the
Law;
WHEREAS, the Atascadero Community Redevelopment Agency (the "Agency") has
determined that, due to prevailing financial market conditions, it is in the best interests of the
Agency at this time to finance redevelopment activities within and for the benefit of the
Redevelopment Project;
WHEREAS,to provide moneys for such purposes, the Agency has determined to issue its
Atascadero Community Redevelopment Agency (Atascadero Redevelopment Project), 2004 Tax
Allocation Bonds, in the aggregate principal amount of not-to-exceed $14,000,000 (the
"Bonds"), under the provisions of Part 1 of Division 24 of the California Health and Safety Code,
commencing with section 33640 of said Code; and
WHEREAS, in accordance with the requirements of section 33640 of the California
Health and Safety Code, the Council wishes at this time to approve the issuance and sale of the
Bonds by the Agency;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. Approval of the Bonds. The issuance and sale of the Bonds by the Agency
to finance redevelopment activities within and for the benefit of the Redevelopment Project is
hereby approved.
SECTION 2. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
59
On motion Council and seconded b Council Member
o b Cou Member
Y Y
, the foregoing Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES
NOES
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Dr. George Luna,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
60
Isis
s CITY OF ATASCADERO
ATASCADERO PUBLIC FINANCING
AUTHORITY
AGENDA
Tuesday, November 9, 2004
Time: During Council Meeting that starts at 7:00 P.M.
Atascadero Lake Pavilion
9315 Pismo St,
Atascadero, California
ROLL CALL: Chairperson Luna
Vice Chairperson Scalise
Council Member Clay
Council Member O'Malley
Council Member Pacas
APPROVAL OF AGENDA: Roll Call
COMMUNITY FORUM:
BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the
Board Members may make a brief announcement or a brief report on their own
activities. Board 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 Board may take action on items listed on the Agenda.)
A. MANAGEMENT:
• 1. Initial Organizational Items and Purchase/Sale of Redevelopment
Bonds
■ Fiscal Impact: No net fiscal impact in cash flow. There is an
estimated $12,675,000 expenditure for purchase of the Bonds and
1
an estimated $12,675,000 in revenues for proceeds from sale of
bonds.
■ Recommendations: Authority Board:
1. Adopt the draft Resolution;adopting by-laws, adopting a conflict
of interest code, establishing a seal for the authority and directing
the filing of a notice of formation with the Secretary of State and;
2. Adopt the draft Resolution authorizing the purchase and sale of
tax allocation bonds of the Atascadero Community Redevelopment
Agency issued to finance. redevelopment activities within and for
the benefit of the Agency's Atascadero Redevelopment Project
and approving related documents and actions.
B. ADJOURNMENT:
t
2
ITEM NUMBER: A- 1
DATE: 11/09/2004
a
1970
�j
A tascadero Public Financing Authority
Staff Report - Treasurer
Initial Organizational Items and
Pu-rchase/Sale of Redevelopment Bonds
RECOMMENDATIONS:
Authority Board;
1. Adopt the ;draft Resolution adopting bylaws, adopting a conflict of interest code,
establishing a seal for the authority and directing the filing of a notice of formation with
the Secretary of State and
2. Adopt the draft Resolution authorizing the purchase and sale of tax allocation bonds
of the Atascadero Community Redevelopment Agency issued to finance redevelopment
activities within and for the benefit of the Agency's Atascadero Redevelopment Project
and approving related documents and actions.
DISCUSSION:
In order to market the Atascadero redevelopment bonds most effectively, .it is
,appropriate to form a Joint Financing Authority (JFA) between.the City and Agency.
The need for a JFA stems from the history of California finance laws. Specifically,
starting in the early 1900s, whenever a new bond financing statute was adopted,
accompanying legislation typically specified the procedures for the bond sale process.
As a result, today we have well over 50 different bond financing acts with a relatively
equal number of financing,procedures.
Financing procedures that made sense in the 1930s or 1950s,, when markets rarely
moved more that ten basis points (1/10th>of 1%) in a six-month period are ill suited for
the modern market in which daily movements can, unfortunately, reach fifteen basis
points. Further, the advance notice procedures, advertising and use of fixed sales
3
ITEM NUMBER: A- 1
DATE: 11/09/2004
dates as well as the risks of competitive bidding in relatively volatile markets all called
for the establishment of a more effective method of marketing local government bonds.
In 1986 the State Legislature adopted the Marks Roos set of laws that permit any two
public agencies to form a JFA for the issuance of debt and to utilize the new, very
straightforward procedures included withinthese new JFA laws. Over the last eighteen
years, the use of the JFA procedures for the marketing of tax allocation and various
other forms of local government bonds have become increasing common.
With the JFA statute the Agency basically issues its bonds through the JFA and utilizing
the Marks Roos statute, Piper Jaffray purchases the bonds from the JFA for public sale:
The JFA is a conduit, has no real assets, and exists simply to issue bonds for the City or
Redevelopment Agency. The City may terminate the JFA, and, in which case, it will
need to be reformed when the next bond issue is undertaken, or, it can simply be
allowed to continue to exist in a dormant state. One annual meeting is required to-keep
the JFA "active" and the annual cost should not exceed $5,000. In communities that
issue assessment, redevelopment, general obligation and COP financings on a semi
regular basis the JFA is typically kept active, however we will consult with bond counsel
to determine the most cost-effective fate of the JFA after the Series 2004 bonds are
issued'
The JFA structure will permit the most efficient and expeditious method of selling the
Atascadero redevelopment bonds. The JFA structure will also permit a negotiated sale>
that can be structured in the most flexible manner. The JFA negotiated sale structure •
will permit pre-marketing of the bonds, which is critical for a new credit.
In order to fully create the Financing Authority and to approve the purchase and
immediate re-sale of the Bonds, the Authority board must adopt two resolutions. Since
this is the first meeting of the newly created Financing authority, certain procedural
matters need to be accomplished including the adoption of by-laws and a conflict of
interest code, the establishment of a'seal and authorizing certain required filings. The
first resolution does these things.
State law requires that tax allocation bonds issued for new projects be sold on a
competitive basis or, if negotiated, through a sale-resale process with another public
entity. The Authority will purchase the Bonds from the Agency for re-sale. This
resolution authorizes the execution and delivery by the Authority of the following
document:
1. Bond Purchase Agreement- Under this document, the Agency agrees to sell the
Bonds to the Authority, for immediate re-sale to Piper Jaffray, Inc., the
underwriter, for sale to its clients and other investors. The Bonds will be sold to
the underwriter at a price not less than 99% of the par amount thereof. (This
document is available for review in the City Clerk's office.)
Please see the letter from Piper Jaffray attached to the Redevelopment Agency staff
report for additional information.
4
ITEM NUMBER: A-1
DATE: 11/09/2004
FISCAL IMPACT:
No net fiscal impact in cash flow. There is an estimated $12,675,000 expenditure for
purchase of the Bonds and an estimated $12,675,000 in revenues for proceeds from
sale of bonds.
ALTERNATIVES:
1. Don't approve bonds, but staff does not recommend this due to loss of future
Agency tax increment and loss of capital funding for projects.
ATTACHMENTS:
1. Draft Resolutions
2. Draft By-Laws
3. Draft Conflict of Interest Code for the Atascadero Public Financing Authority
5
DRAFT RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ATASCADERO PUBLIC FINANCING AUTHORITY AUTHORIZING THE
PURCHASE AND SALE OF TAX ALLOCATION BONDS OF THE
ATASCADERO COMMUNITY REDEVELOPMENT AGENCY ISSUED
TO FINANCE REDEVELOPMENT ACTIVITIES WITHIN AND FOR THE
BENEFIT OF THE AGENCY'S ATASCADERO REDEVELOPMENT
PROJECT AND APPROVING RELATED DOCUMENTS AND ACTIONS
WHEREAS, a Redevelopment Plan for the Atascadero Redevelopment Project in the City
of Atascadero, California (the "Redevelopment Project"), has been adopted in compliance with
all requirements of the Community Redevelopment Law of the State of California, constituting
Part 1 of Division 24 of the California Health and Safety Code(the"Law");
WHEREAS, the Atascadero Community Redevelopment Agency (the "Agency") has
determined that, due to prevailing financial market conditions, it is in the best interests of the
Agency at this time to finance redevelopment activities within and for the benefit of the
Redevelopment Project;
WHEREAS,to provide moneys for such purposes, the Agency has determined to issue its
Atascadero Community Redevelopment Agency(Atascadero Redevelopment Project), 2004 Tax
Allocation Bonds, in the aggregate principal amount of not-to-exceed $14,000,000 (the
"Bonds"); and
WHEREAS, the Atascadero Public Financing Authority (the "Authority") has duly
considered such transactions and wishes at this time to authorize the purchase and sale of the
Bonds and to approve the form and authorize execution of a bond purchase agreement in
connection therewith;
NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Atascadero
Public Financing Authority
SECTION 1. Purchase and Sale of the Bonds. The Board of Directors of the Atascadero
Public Financing Authority (the"Board") hereby authorizes the purchase by the Authority of the
Bonds from the Agency for concurrent re-sale to Piper Jaffray & Co., as underwriter (the
"Underwriter"), so long as the Underwriter's discount, excluding original issue discount which
does not constitute compensation,to the Underwriter, does not exceed 1%. The Authority hereby
approves the bond purchase agreement, by and among the Underwriter, the Agency and the
Authority, in substantially the form on file with the Secretary(the "Bond Purchase Agreement"),
together with such additions thereto and changes therein as the Chairman, the Vice Chairman,the
Executive Director or the Treasurer shall deem necessary, desirable or appropriate, and the
execution thereof by the Chairman,the Vice Chairman, the Executive Director or the Treasurer
shall be conclusive evidence of the approval of any such additions and changes. In addition to the
foregoing, the Board hereby approves such changes to the Bond Purchase Agreement as the
Chairman, the Vice Chairman, the Executive Director or the Treasurer shall deem necessary,
6
desirable or appropriate to provide for the direct purchase of all or a portion of the Bonds by
Fannie Mae or other institutional purchaser that is precluded by its charter or otherwise from
purchasing bonds through underwriters. The Chairman, the Vice Chairman, the Executive
Director or the Treasurer is hereby authorized and directed to execute the final form of the Bond
Purchase Agreement for and in the name and on behalf of the Authority.
SECTION 2. Official Actions. The Chairman, the Vice Chairman, the Executive Director,
the Treasurer and the Secretary of the Authority, and any and all other officers of the Authority,
are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any
and all things and take any and all actions, including execution and delivery of any and all
assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance,
warrants and other documents which they, or any of them, may deem necessary or advisable in
order to consummate the lawful issuance and sale of the Bonds as described herein. Whenever in
this resolution any officer of the Authority is authorized to execute or countersign any document.
or take any action, such execution, countersigning or action may be taken on behalf of such
officer by any person designated by such officer to act on his or her behalf in the case such
officer shall be absent or unavailable.
SECTION 3. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
On motion by Board Member and seconded by Board Member
the foregoing Resolution is hereby adopted in its entirety on the following roll.
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATASCADERO PUBLIC
FINANCING AUTHORITY
By:
Dr. George Luna, Chairman
ATTEST:
Marcia McClure Torgerson, Secretary
APPROVED AS TO FORM:
Thomas R. Gibson, Legal Advisor
-2-
7
Quint &Thimmig LLP 10/08/04
DRAFT 10/12/04
10/20/04
BY-LAWS
of the
ATASCADERO PUBLIC FINANCING AUTHORITY
ARTICLE I
DEFINITIONS; OFFICES AND SEAL
Section 1. Definitions. All capitalized terms used herein shall have the respective
meanings given such terms in the Joint Exercise of Powers Agreement, dated November 9,
2004 (the "Agreement"), by and between the City of Atascadero (the "City") and the
Atascadero Community Redevelopment Agency (the "Agency").
Section 2. Offices. The principal office of the Authority for the transaction of
business shall be 6905 El Camino Real, Suite 6, Atascadero, CA 93422. The Board of
Directors of the Authority may, however, fix and change from time to time the principal
office from one location to another within the City of Atascadero, California, by noting the
change of address in the minutes of the meeting of the Board at which the address was fixed
or changed. The fixing or changing of such address shall not be deemed an amendment to
these By-laws.
Section 3. Seal. The Authority shall have a seal, consisting of two (2) concentric
circles with the words "Atascadero Public Financing Authority" and with the date of
establishment of the Authority.
ARTICLE II
BOARD
Section 1. Powers. Subject to the limitations of the Agreement, the terms of these By-
laws,and the laws of the State of California, the powers of this Authority shall be vested in
and exercised by and its property controlled and its affairs conducted by the Board of the
Authority.
Section 2. Number. The Board shall have five (5) Directors. The sitting members of
the City Council of the City shall constitute the members of the Board.
Section 3. Compensation. Directors shall serve without compensation but each
Director may be reimbursed his or her necessary and actual expenses, including travel
incident to his services as Director, pursuant to resolution of the Board. Any Director may
elect, however, to decline said reimbursement.
Section 4. Regular Meetings. Regular meetings of the Board shall be held at least
once per year in January. Notice of any meeting of the Board shall be given to the Directors.
01029.01
8
Section 5. Special Meetings.gs Special meetings of the Board shall be held whenever
called by the Chairman, any Vice Chairman, or by a majority of the Board.
Section 6. Public Meetings; Notice of Meetings. All proceedings of the Board shall be
subject to the provisions of the Ralph M. Brown Act, constituting Chapter 9 of Part 1 of
Division 2 of Title 5 of the California Government Code, and notice of the meetings of the
Authority shall be given in accordance with such Act.
Section 7. Consent to Meetings. The transactions of the Board at any meeting
however called and noticed or wherever held, shall be as valid as though done at a meeting
duly held after call and notice if a quorum is present and if either before or after the
meeting each Director not present signs a written waiver of notice or a consent to the
holding of such meeting or approval of the minutes thereof. All such waivers, consents or
approvals shall be filed with the corporate records and made a part of the minutes of the
meeting.
Section 8. Ouorum. Directors holding a majority of the votes shall constitute a
quorum for the transaction of business, except that less than a quorum may adjourn from
time to time. The affirmative votes of at least a majority of the Directors voting shall be
required to take any action by the Board.
Section 9. Order of Business. The order of business at the regular meeting of the
Board and, so far as possible, at all other meetings of the Board, shall be essentially as
follows, except as otherwise determined by the Directors at such meeting:
(a) Report on the number of Directors present in person in order to determine the
existence of a quorum.
(b) Reading of the notice of the meeting and proof of the delivery or mailing thereof,
or the waiver or waivers of notice of the meeting then filed,as the case may be.
(c) Reading of unapproved minutes of previous meetings of the Board and the
taking of action with respect to approval thereof.
(d) Presentation and consideration of reports of officers and committees.
(e) Unfinished business.
(f) New business.
(g) Adjournment.
Section 10. Nonliability for Debts. The private property of the Directors shall be
exempt from execution or other liability for any debts, liabilities or obligations of the
Authority and no Director shall be liable or responsible for any debts, liabilities or
obligations of the Authority.
Section 11. Indemnity by Authority for Litigation Expenses of Officer, Director or
Employee. Should any Director, officer or employee of the Authority be sued, either alone
or with others, because he is or was a director, officer or employee of the Authority, in any
proceeding arising out of his alleged misfeasance or nonfeasance in the performance of his
duties or out of any alleged wrongful act against the Authority or by the Authority,
indemnity for his reasonable expenses, including attorneys' fees incurred in the defense of
-2-
9
the proceedings, may be assessed against the Authority or its receiver by the court in the
same or a separate proceeding if the person sued acted in good faith and in a manner such
person reasonably believed to be in the best interests of the Authority and, in the case of a
criminal proceeding, had no reasonable cause to believe the conduct of such person was
unlawful. The amount of such indemnity shall equal the amount of the damages and
expenses, including attorneys' fees, incurred in the defense of the proceeding.
ARTICLE III
OBJECTS AND PURPOSES
Section 1. Nature of Objects and Purposes. The business of this Authority is to be
operated and conducted in the promotion of its objects and purposes as set forth in the
Agreement.
Section 2. Distribution of Assets During Continuance of Authority. During the
continuance of the Authority, it may distribute any of its assets to the Members of the
Authority. If for any reason the Members are unable or unwilling to accept the assets of the
Authority, said assets shall be distributed to a state or local government for public
purposes, or to a nonprofit fund, foundation or corporation which is organized and
operated exclusively for charitable purposes.
Section 3. Dissolution. The Authority may, with the approval of all of the Members,
be dissolved by majority vote of the Directors if at the time of such dissolution the
Authority has no outstanding indebtedness and is not a party to any outstanding material
contracts. Upon the dissolution or termination of this Authority, and after payment or
provision for payment, all debts and liabilities, the assets of this Authority shall be
distributed to the Members of the Authority. If for any reason the Members are unable or
unwilling to accept the assets of the Authority, said assets will be distributed to a state or
local government for public purposes; or to a nonprofit fund, foundation, or corporation
which is organized and operated for charitable purposes.
ARTICLE IV
GENERAL PROVISIONS
Section 1. Payment of Money, Signatures. All checks, drafts or other orders for
payment of money, notes or other evidences of indebtedness issued in the name of or
payable to the Authority and any and all securities owned by or held by the Authority
requiring signature for transfer shall be signed or endorsed by the Treasurer.
Section 2. Execution of Contracts. The Board, except as in the Agreement or in the
By-laws otherwise provided, may authorize any officer or officers, agent or agents, to enter
into any contract or execute any contract or execute any instrument in the name of and on
behalf of the Authority and such authority may be general or confined to specific instances
and unless so authorized by the Board, no officer, agent or employee shall have any power
or authority to bind the Authority by any contract or engagement or to pledge its credit or
to render it liable for any purpose or in any amount.
Section 3. Fiscal Year. The fiscal year of the Authority shall commence on the 1st day
of July of each year and shall end on the 30th day of June of the next succeeding year.
-3-
10
Section 4. Amendment of By-laws. These By-laws may be amended at any time and
from time to time in accordance with the limitations set forth herein.
Passed, approved and adopted this 9th day of November, 2004.
Chairman
ATTEST:
Secretary
-4-
7 �
Quint &Thimmig LLP ����� 10/08/04
10/12/04
10/20/04
CONFLICT OF INTEREST CODE FOR THE
ATASCADERO PUBLIC FINANCING AUTHORITY
The Political Reform Act, Section 81000 et seq. of the California Government Code,
requires state and local government agencies to adopt and promulgate conflict of interest
codes. The Fair Political Practices Commission has adopted a regulation, 2.Cal. Adm. Code
section 18730, which contains the terms of standard conflict of interest code, which can be
incorporated by reference, and which may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act after public notice and
hearings. Therefore, the terms of 2 Cal. Adm. Code section 18730, and any amendments to it
duly adopted by the Fair Political Practices Commission, along with the attached Exhibits
"A" and "B"in which officials and employees are designated and disclosure categories are
set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code
of the Atascadero Public Financing Authority (the "Authority").
Pursuant to Section 4(A) of the standard code, designated employees shall file
statements of economic interest with the Authority.
Pursuant to section 82011(c) of the California Government Code, the City Council of
the City of Atascadero is the code reviewing body for the Authority.
01029.01
12
EXHIBIT A
DESIGNATED EMPLOYEES AND POSITIONS
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on their financial interests.
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Directors of the Authority All Categories
Executive Director All Categories
Treasurer All Categories
Legal Advisor to the Authority All Categories
Consultants All Categories-
The
ategories-The Chairperson of the Authority may determine in writing that a particular consultant, although a
"designated position," is hired to perform a range of duties that is limited in scope and thus is not
required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description f the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The Chairperson's determination is a public record
and shall be retained for public inspection in the same manner and location as this conflict of interest
code.
Exhibit A
13
EXHIBIT B
DISCLOSURE CATEGORIES
ategory 1. Persons in this category shall disclose all business positions, investments
in business entities and sources of income of the type that contract with the Authority.
Category2. Persons in this category shall disclose all interest in real property located
within two miles of any real property owned or leased by the Authority.
Exhibit B
14
Suite 2200,345 California St.,San Francisco,CA 94104
Tel:415 984-5i6t I Toll Free:800247-7834 I Fax:415 984-5159
' October 29, 2004
Mr. Wade McKinney
City of Atascadero
6905 EI Camino Real, Ste. 6
Atascadero, CA 93422
Dear Mr. McKinney:
It is a pleasure to provide the update on the progress being undertaken on the
Series 2004 tax allocation bond financing. The financing program is on schedule and
moving forward rapidly. We are looking forward to presenting the financing on
November 9th and we believe the financing can move into the final stages
immediately thereafter.
The Credit Presentation Process
Our work at Piper Jaffray has focused on presenting the credit of the
Atascadero Redevelopment Program. Attached hereto is a part of the credit package
that has been presented to the rating agencies (Fitch and Standard and Poor's) as
well as to the primary bond insurers (MBIA, Ambac and Xcel Capital Assurance).
This credit presentation has been augmented with a substantial number of additional
' cashflows and financial analysis as well as updated analysis of the Atascadero
property tax base.
As we discussed at earlier City Council meetings, the basic credit of the
Atascadero Project is quite solid. The Assessed Value base has a healthy residential
component, no large, overwhelming assessees that make the tax base lopsided, and
ivery strong diversity of ownership. Further, the Project Assessed Value (AV) has
grown at a healthy clip for the last four years.
The Atascadero financing two credit challenges. The first and
somewhat incurable problem is a negative perception due to the relatively recent
earthquakes. To counter seismic concerns we have presented information on the
building stock, proof of the very low damage to date and have also presented
somewhat detailed analysis prepared by our office on the impact of earthquakes on
AV growth. This is an issue that, unfortunately, will not go away, but will lessen with
more AV growth.
The second limiting factor is the newness of the Project Area and the
relationship of the AV total to the AV base. Currently the relationship is a 433 to 281
Mr. McKinney
October 29,2004
ratio. As the AV base increases over time, the base as a percentage of the total will
' decrease and the impact of a drop in AV will lessen.
Given these factors, we expect the Series 2004 financing to qualify for a bond
rating in the BBB range. Of all the California redevelopment financings,
approximately 20% are unrated, 65% are in the BBB range and the largest and most
strongly established 15% qualify for A- ratings. A BBB financing for this first
' Atascadero financing is a strong accomplishment. Though the ratings have not been
approved as of yet, we strongly expect the financing to qualify in the BBB range. The
credit presentations have gone quite well.
' The presentations to the municipal bond insurers are still ongoing. The
Atascadero Project does not readily qualify for municipal bond insurance quite yet —
' one of the standard bond insurance requirements is that the total Project AV be at
least twice the AV base, which will not occur for another year or two. At this point, we
continue to work with the bond insurers and are guardedly optimistic that our
' presentations and the other strong points can overcome this key shortcoming. We
expect to know the results of the credit presentations prior to the November 9th City
Council meeting.
' The Subordination Process
' The Agency has commenced subordination request process and is moving
forward as expected. We anticipate that all of the revenue sharing pass through
agreements will be successfully subordinated to the payment of bond debt service.
' The Financing Structure
' This first financing for Atascadero will utilize a very straightforward financing
structure with principal amortization commencing in year four through year thirty.
' There will be interest only payments for the first three years, so that the Agency will
have fully adequate funding for administrative costs as the tax increment revenues
continue to increase. Annual debt service, in year four through year thirty, will be
' approximately $850,000. After the first three-year interest only period, the bond issue
will amortize much like a conventional fixed rate mortgage.
The financing will also fund a Reserve Fund, equal to maximum annual debt
service. This Reserve Fund is Agency money that will be invested in medium term
U.S. Treasuries or Agency securities of the highest quality level. These funds will
' generate interest earnings that will be a credit against debt service each year. The
Reserve Fund should fund the final year of bond issue debt service.
' Page 2 of 2
' Mr. McKinney
October 29,2004
The Financing Authority
In order to market the Atascadero redevelopment bonds most effectively, it is
appropriate to form a Joint Financing Authority (JFA) between the City and Agency.
' The need for a JFA stems from the history of California finance laws. Specifically,
starting in the early 1900s, whenever a new bond financing statute was adopted,
accompanying legislation typically specified the procedures for the bond sale
' process. As a result, today we have well over 50 different bond financing acts with a
relatively equal number of financing procedures.
' Financing procedures that made sense in the 1930s or 1950s, when markets
rarely moved more that ten basis points (1/10th of 1%) in a six-month period are ill
suited for the modern market in which daily movements can, unfortunately, reach
' fifteen basis points. Further, the advance notice procedures, advertising and use of
fixed sales dates as well as the risks of competitive bidding in relatively volatile
markets all called for the establishment of a more effective method of marketing local
' government bonds.
In 1986 the State Legislature adopted the Marks Roos set of laws that permit
' any two public agencies to form a JFA for the issuance of debt and to utilize the new,
very straightforward procedures included within these new JFA laws. Over the last
eighteen years, the use of the JFA procedures for the marketing of tax allocation and
various other forms of local government bonds have become increasing common.
With the JFA statute the Agency basically issues its bonds through the JFA
' and utilizing the Marks Roos statute, Piper Jaffray purchases the bonds from the JFA
for public sale. The JFA is a conduit, has no real assets, and exists simply to issue
' bonds for the City or Redevelopment Agency. The City may terminate the JFA, and,
in which case, it will need to be reformed when the next bond issue is undertaken, or
it can simply be allowed to continue to exist in a dormant state. I believe that one
' annual meeting is required to keep the JFA "active" and the annual cost should not
exceed $5,000. In communities that issue assessment, redevelopment, general
obligation and COP financings on a semi-regular basis the JFA is typically kept
' active. In Atascadero it will be appropriate to consult with bond counsel to determine
the most cost-effective fate of the JFA after the Series 2004 bonds are issued.
The JFA structure will permit the most efficient and expeditious method of
selling the Atascadero redevelopment bonds. The JFA structure will also permit a
negotiated sale that can be structured in the most flexible manner. The JFA
' negotiated sale structure will permit pre-marketing of the bonds, which is critical for a
new credit.
1
' Page 3 of 3
Mr. McKinney
October 29,2004
The Marketplace
' Despite many prognostications from earlier this year, the interest rate markets
are showing impressive stability at the moment. The thirty-year term bond interest
' rate, which is the bell weather comparative rate is hovering at the 4.90% level for
AAA insured California municipals. This level, though not as low as the 4.5% levels
seen briefly in March, is still a remarkably low level by any standard. Fortunately,
' rates have not been moving away in an upward direction and we are optimistic of
being able to achieve these remarkable levels if the financing is AAA rated.
' BBB rated tax increment financings are also at very low rates, with the long-
term bonds typically capturing levels under 5.60%. This spread, of roughly 70 basis
points, reflects the strong advantage of municipal bond insurance for the Atascadero
' program and indicates why City Staff and the entire financing team are expending
extraordinary effort to secure municipal bond insurance, if at all possible.
' The Bond Sale Process
It is expected that the credit process should be completed by November 9th
' when the City Council and Agency Board will consider approval of the financing
package. In anticipation of this approval, our firm will commence unofficial pre-
marketing of the financing in terms of creating market awareness of this new credit
' that could be coming into the market later in November. Our efforts will be focused,
prior to November 9th, on informing institutional investors who are active with small
and medium sized California municipal debt issuers about the potential Atascadero
' financing.
With the formal Agency approval of the financing on November 9, our pre-
marketing effort will move into a more formal process of institutional sales
presentations and a retail marketing information campaign. The Preliminary Official
Statement will be printed the week of November 9th and distributed both electronicallr
' as well as through traditional mailings. From November 10th through November 17t
we plan to contact over two hundred institutional investors and well over one
' thousand retail investors about the Atascadero financing.
If the markets are favorable, the bonds will be formally priced and sold as early
' as November 17th. Piper Jaffray will commit to purchase the bonds after a two to
three hour order period. Typically we will commit to a pricing once approximately
60% of the bonds have been ordered. Our role, as the underwriter, is to secure
' Atascadero with the lowest overall borrowing costs. Given our firm capital in excess
of $700 million, we will underwrite and commit to purchase the unsold bonds once a
competitive pricing has been established. We are fully prepared to underwrite
' roughly $6 million of the Atascadero bonds without orders, as we typically will see
Page 4 of 4
Mr. McKinney
October 29,2004
tsome market participants not commit to purchase until they know there is a firm
pricing.
' Following the bond pricing, City staff and the financing team will work to
conclude and close the financing, which should happen by the end of November.
' Funds will be delivered to the City and Piper Jaffray will assist the City in investing
the bond proceeds.
' Summary
The financing process is on schedule and will be completed successfully in
' November. The credit presentation process is moving forward very well. Rachelle
Rickard of your staff has done a truly excellent job of assisting us with the credit
presentations. The clarity and concise nature of the City budget has been noted and
' the overall presentation has resulted in very few questions about the working of the
City or Agency.
I hope this letter outlines the bond issuance process that is being undertaken
in Atascadero. If there is any additional information that we can provide, please let
us know.
Be e ,
' urran
Managing Director
' Public Finance
' CC: Interested Parties
1
1
Page 5 of 5