Loading...
HomeMy WebLinkAboutAgenda Packet 07/14/1986 *NDY WILKINS DE: CITY CLERK NOTE: THERE WILL BE AN OPEN COUNCIL SESSION AT 6 :00 P.M. , FOURTH FLOOR CLUB ROOM FOR INTERVIEWS OF PARKS AND RECREATION APPLICANTS A G E N D A ATASCADERO CITY COUNCIL Regular Meeting ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM July 14 , 1986 7 :30 P.M. ** ALL COUNCIL MEMBERS, STAFF MEMBERS AND CITIZENS ARE REMINDED ** PLEASE SPEAK DIRECTLY INTO THE MICROPHONE Call to Order • Pledge of Allegiance Invocation Roll Call City Council Comments Community Forum - (Only 15 minutes will be allowed for Community Forum at the beginning of the agenda. Citizens are requested to keep remarks under 5 minutes, and that a speaker person speak in behalf of groups. ** Proclamation - Future Farmers of America Judging Event in Scotland A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and considered separately. Vote may be roll call. 1. Approval of Minutes of the Regular Council Meeting of June 23, 1986 • 2. Recognition of City Employee of the Month for June - David Crouch 1 • 3. Approval of Proposed Resolution 186 - Agreement Amendment to Extend Agreement Expiration Date to June 30 , 1987 with the California Mens Colony 4. Approval of Formation of the Following Proposed Street Maintenance Districts: A. Proposed Resolution 76-86 - Formation of Maintenance District Falda Road B. Proposed Resolution 77-86 - Formation of a Maintenance District - Pinal/Escarpa Roads C. Proposed Resolution 78-86 - Formation of a Maintenance District - Aguila Street D. Proposed Resolution 79-86 - Formation of a Maintenance District - Cayucos Avenue 5. Approval of Annual Assessment Rate Imposed on Existing Street Maintenance Districts for Maintenance Proposed During 1986-87 A. Proposed Resolution 72-86 —Establishment of Annual Assessment for Maintenance District 83-1, Lobos Avenue • B. Proposed Resolution 73-86 - Establishment of Annual Assessment for Maintenance District 84-1, San Fernando Road C. Proposed Resolution 74-86 - Establishment of Annual Assessment for Maintenance District 83-3, Maleza Avenue D. Proposed Resolution 75-86 - Establishment of Annual Assessment for Maintenance District 83-2, Sonora/Pinal Avenues 6. Approval of Proposed Resolution 80-86 - Authorizing Mayor to Ratify 1986-87 San Luis Obispo Area Coordinating Council Joint Power Authority Agreement 7. Approval of Tentative Parcel Map 15-86 - 12040/12100 San Marcos Road - Subdivision of 13.47 Acres into 3 Lots of 4.45, 4.45, and 4. 57 Acres Each 8. Approval of Lot Line Adjustment 3-86 - 5350 San Benito Road - Adjust Lot Lines Between 2 Existing Lots - Levesque/Volbrecht Surveys B. NEW BUSINESS 1. Improvement District Number 4, Separado/Cayucos Assessment District 2 Y • 8 • Proposed Resolution-a-86 - Undertake Proceedings to Issue Bonds for Improvement District 6 Proposed -67-86 Appointment of an Engineer fJfL'. Proposed Resolution -6$-86 - Approving Map of Proposed Boundaries of Assessment District Proposed Resolution �9-86` - Approving Resolution of Intention 2. Proposed Resolution 71-86 - council Appointment of Park and Recreation Commissioners 3. Review of Council_ Member Representation on Committees 4. Political Signage Standards and Regulations Report 5. Fiscal Year 1985-86 Status Report - 12 Month Status Report Verbal 6. Presentation and Overview of Fiscal year 1986-87 Proposed Budget Possible Reappointment Thereof - Verbal • C. UNFINISHED BUSINESS 1. Proposed Ordinance 137 - Amendments to the Falcon Cable T.V. Franchise Agreement (SECOND READING) (Cont'd from 6/23/86) 2. Emergency Preparedness Ordinance and Resolutions: A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (SECOND READING) (Cont'd from 6/23/86) B. Proposed Resolution 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agreement (Cont'd from 6/23/86) C. Proposed Resolution 59-86 - Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen' s Compensation Benefits for Registered Volunteer "Disaster Service Workers" (Cont'd from 6/23/86) D. COMMUNITY FORUM E. INDIVIDUAL DETERMINATION AND/OR ACTION 3 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: MEETING IS ADJOURNED TO A CLOSED SESSION ON JULY 15, 1986 AT 6:00 P.M. REGARDING LITIGATION AND PERSONNEL MATTERS • • 4 P R O C L A M A T I O N WHEREAS, Darci Randall, Carrisa Wreden, and Ron Flaharty, Jr. are mem- bers of Future Farmers of America, Atascadero Chapter; and WHEREAS, after winning local live stock judging contests, they partici- pated and placed first team at the State i Finals at Cal Poly in 1985, and placed first team in National Competion at Kansas City in November, 1985; and WHEREAS, they were then invited to attend the World Livestock Judging Con- test in Scotland and placed fifth in June, 1986, with Ron Flaharty, Jr. placing Second High Individual in the world! THEREFORE, I Marjorie Mackey, Mayor of the City of Atascadero, do hereby acknowledge Darci Randall, Carrisa Wreden, and Ron Flaharty, Jr. for their dedicated commitment with Future Farmers of America and the honor they brought to this community. MARJORIE MACKEY, Mayor City of Atascadero July 14, 1986 A I V • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting, June 23, 1986, 7 :30 p.m. Atascadero Administration Building The Regular Meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance.. An invocation was given by Councilwoman Mackey. ROLL CALL Present: Councilmembers Handshy, Mackey, Molina and Mayor Nelson Absent: Councilwoman Norris (on vacation, as announced at last meeting) STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director ; Robert M. Jones, City Attorney/City Clerk; Bud McHale, Police Chief; Henry Engen, Community Development Director; Paul Sen- sibaugh, Public Works Director ; Bob Best, Recreation Director; Cindy Wilkins, Deputy City Clerk. COUNCIL/STAFF COMMENTS • Mayor Nelson presented placques in recognition of the services of de- parting Parks & Recreation Commissioners Ruth Doser, Mark Jensen and Jim Porter . Paul Sensibaugh, Public Works Director , introduced new employee David Lara, Custodian. Mike Shelton announced that introduction of new Police Dept. employee Jay Von Bargen will be at a later date, as he is currently serving military duty. City Clerk Robert Jones announced the results of the June 3rd elec- tion. MOTION:. By Councilman Molina to adopt Res. No. 62-86 (Certification of Election results from County of SLO) , seconded by Council- woman Mackey; passed by 4 :0 roll-call vote, with Councilwoman Norris absent. City Clerk Robert Jones presented certificates of election and admini- stered the Oath of Office to newly elected officials Marjorie Mackey and Bonita- Borgeson, City Council, Charles E. Bourbeau, City Treasurer and Boyd C. Sharitz , City Clerk. Councilman Handshy presented a placque to Rolfe Nelson in honor of his • 7 years of dedicated service as City Council Member and Mayor , in ad- dition to a letter of appreciation from fellow Council members. Maggie Rice, representing the Chamber of Commerce, presented a placque and letter of appreciation to Rolfe Nelson. 1 0 0 Councilman Molina requested Item #7 be removed for discussion, and Councilwoman Borgeson requested Item #14 be removed for discussion. MOTION: By Councilman Handshy to approve Consent Calendar items 1-14, deleting # ' s 7 & 14 , seconded by Councilman Molina; passed by 4:0 roll-call, with Councilwoman Norris absent. Councilman Molina removed himself from voting on Item #7 due to pos- sible conflict of interest. MOTION: By Councilman Handshy to approve Item #7, seconded by Coun- cilwoman Borgeson; passed by 3:0 roll-call, with Councilman Molina not voting and Councilwoman Norris absent. At Councilwoman Borgeson' s request, Henry Engen, Commun. Devel. Dir- ector, summarized the intent of Item #14. MOTION: By Councilman Handshy to accept staff recommendation (Item #14) , seconded by Councilman Molina; passed by 4 :0 roll-call, with Councilwoman Norris absent. * Mayor Mackey announced that order of agenda items changed, and Item C-3 would now be considered. * C. UNFINISHED BUSINESS 3. Proposed Special Study Session for June 30 , 1986 re: Proposed Separado/Cayucos Cease and Desist Assessment District Mike Shelton, City Manager, gave staff report, with additional com- ments from Paul Sensibaugh, Public Works Director . Public Comment Douglas Nix, resident, announced that a group of citizens recently met on Yerba and shared their concerns that the City may not be taking the proper actions and approach to the proposed assessment district. Those in attendance at that meeting signed a petition asking the City to hold off the process until they have had time to research the is- sues involved. (He presented the petition to Mayor Mackey, and it is on file in the City Clerk ' s Office) . Mayor Mackey reminded those in attendance of the Special Public Study _ Session to be held Monday, June 30 , 1986 , at 7:30 p.m. in the Prather Building of Atas. Jr . High, which is for the purpose of discussing the proposed assessment district and soliciting citizen input. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Planning Commission Denial of Proposed Tentative Parcel Map 7-86 - 6625 Santa Cruz Rd. - Subdivision of a 5 .03 Acre Parcel into two Parcels of 2. 53 and 2. 50 Acres Each - Garlick/Daniel Stewart, Engineer (Cont'd from 6/9/86) 3 • 0 Henry Engen, Commun. Devel. Director, gave staff report. Public Comment Mike Kirkpatrick commented that the applicants will rest with the decision of the Council in this matter, although they take some excep- tion to the requirements of condition #14. Debra Kankiewicz , resident on Viejo Camino, asked what the 18 condi- tions of approval are, to which Mr . Kirkpatrick responded. MOTION: By Councilman Molina to accept staff recommendation (for approval, subject to the 18 conditions as listed in staff report) , seconded by Councilman Handshy; passed 3:1, with Councilwoman Borgeson voicing NO and Councilwoman Norris ab- sent. 2. Proposed Extension of Falcon Cable T.V. Franchise Agreement from 1991 Expiration to 2001 David Jorgensen, Admin. Services Director, gave staff report. Public Comment John Murphy, 9285 Lucinda Ln. , resident since 1982, spoke in oppo tion to the extension of a contract with Falcon Cable, express* dissatisfaction with their services. Robert Jones, City Attorney, noted that the original contract was made in 1971; he reviewed the proposals of the amended ordinance, noting that the City, by adopting the proposed ordinance, would be bringing its franchise agreement in compliance with that of the County. Celia Moss, 8040 Coromar, expressed concern about the renewal of ' a contract that is not due for renewal; she also expressed dissatisfac- tion with the services and communicating efforts of Falcon to its customers. Bill Palmerston, 4195 Lobos, had questions relating to the services which would be offered by Falcon pursuant to the proposed ordinance, to which City Attorney Robert Jones responded, with added response from Tom Hatchell of Falcon Cable TV. Tom Bench, resident on Carmelita, expressed dissatisfaction with the services and communications with Falcon TV, having experienced a "run around" . Dorothy McNeil, resident on Sierra Vista in 3-F Meadows, asked if Fal- con expands the amount of channels offerred, how many are going to cost the customer over and above the regular monthly fee? Tom H chell responded that they won' t be added to the basic fee, but th* will cost extra for those who choose to have that service. 4 0 0 Jim Porter , resident on Aguila, spoke in support of Falcon' s services. Richard Shannon, 4820 Obispo, spoke in support of Falcon' s services, relaying satisfaction expressed by his real estate customers. Tom Hatchell responded to a request by Councilwoman Borgeson by re- viewing the services to be extended to Falcon' s customers in the future. MOTION: By Councilman Molina to read Ord. 137 by title only, seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 137 by title. MOTION: By Councilman Molina that this constitutes the first reading of Ord. 137, seconded by Councilman Handshy; passed 3:1, with Councilwoman Borgeson voicing NO and Councilwoman Norris ab- sent. Second reading will be at the Council meeting of July 14, 1986. 3. Appeal of Planning Commission Conditions of Tentative Parcel Map 9-86 - 8971 San Gabriel Road - Warhurst/Summers Henry Engen, Commun. Devel. Director, gave staff report. Public Comment Richard Summers, offices at 7350 E1 Camino Real, representing Craig and Glenna Warhurst, expressed support for a drainage plan for the Amapoa-Tecorida drainage basin; however, he claims he was never told that the drainage plan would affect the subject property at any time, although he repeatedly asked planning staff what specific costs would be involved in this requested lot split. He also expressed dissatis- faction with the poor quality of the map attached to Ord. 117, which relates to the Amapoa-Tecorida drainage area. Celia Moss, 8040 Coromar , seconded Mr . Summers ' s comments and objected to a "lack of due process" in citizens not being given an opportunity to respond to issues until after the fact. Bob Tartaglia, engineer for the Warhursts and Mr . Summers, described his engineering approach to this parcel, responding to drainage con- dition of approval #4 and noting the approximate costs involved. He is of the opinion that the Warhurst parcel has no impact on the 12" _ C.M.P. , and that all the water flowing into it comes from the 50 acres on the south side of San Gabriel Rd. , although the Warhursts are being asked to bear the costs of upgrading the line. Dr. Craig Warhurst, applicant, 9018 San Gabriel, addressed the issue of condition of approval #10. His appeal is based on the principle of an "error of omission" on the part of the City, saying that if a staffperson has knowledge of potential fees and a question has been asked relating to fees, it should be discussed. He requested the drainage fee be waived based on the City' s error to provide complete information affecting the subject property. 5 �r MOTION: By Councilman Molina that the cost of complying with cond* tion of approval #4 be credited to the assessed $5,392.80 Amapoa-Tecorida drainage fee, seconded by Councilman Handshy; passed 4:O, with Councilwoman Norris absent. MOTION: By Councilman Handshy to accept staff recommendation to deny this appeal and approve Parcel Map 7-86, subject to the con- ditions of approval recommended by the Planning Commission, as amended by the previous motion; motion seconded by Coun- cilman Molina; passed 4 :O, with Councilwoman Norris absent. C. UNFINISHED BUSINESS 1. General Plan Amendment 1M-86 - Report from Planning Commission on Urban Service Line Exemption Requests (San Gabriel Elementary School & Chalk Mountain Golf Course) Henry Engen, Commun. Devel. Director, gave staff report. No public comment. MOTION: By Councilman Molina to adopt Res. No. 49-86, as amended from original draft (see recommendation in staff report) , seconded by Councilman Handshy; passed 3:1, with Councilwoman Borges 0 voicing NO and Councilwoman Norris absent. 2. Proposed Zone Change 19-86 - Parking Standards - City of Atasca- dero A. Ordinance 136 - Amending the Zoning Ordinance Text on Off- Street Parking Requirements for Multi-Family Projects and Signage Identifying Handicapped Parking Spaces (SECOND & FINAL READING) (Cont'd from 6/9/86) Henry Engen, Commun. Devel. Director, made brief staff comments. No public comment. MOTION: By Councilman Molina to read Ord. 136 by title only, seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 136 by title. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 136, seconded by Councilman Handshy; passed by 4:0 roll-call, with Councilwoman Norris absent. * 3. Agenda order rearranged - See end of Consent Calendar . D. NEW BUSINESS 6 1. Planning Commission Vacancies Status Report Henry Engen, Commun. Devel. Director , gave staff report. No public comment. MOTION: By Councilman Molina to direct the City Clerk ' s Office to advertise Planning Commission vacancies, with selections to be made 7/28/86 and appointments at the Planning Commission meeting of 8/1/86 , seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. 2. Emergency Preparedness Organizations and Functions A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (FIRST READING) B. Proposed Res. No. 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agree- ment C. Proposed Res. No. 59-86) — Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen's Compensation Benefits for Registered Volunteer "Disaster Service Workers" Bud McHale, Police Chief, gave staff report. No public comment. MOTION: By Councilman Handshy to read Ord. 135 by title only, sec- onded by Councilman Molina; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 135 by title. MOTION: By Councilman Handshy that this constitutes the first reading of Ord. 135, seconded by Councilman Molina; passed unani- mously, with Councilwoman Norris absent. Second reading and consideration of proposed resolutions will be at the Council meeting of July 14 , 1986 . 3. Proposed Equestrian Agreement with Paloma Creek Park Equestrian Committee, Located at Paloma Creek Park Bob Best, Recreation Director, gave staff report. Councilman Molina expressed his desire to postpone a decision on this item due to the late receipt (just prior to meeting) of information relating to insurance issues in this matter . Public Comment 7 Shirley Chastaine, representative of Vaqueros del Camino, indica t4 that insurance is a big concern of the trail riding group, noting tha they have to maintain and provide their own certificate of liability insurance whenever they rent or use certain arenas. Jim Comes, member of the Paloma Creek Park Equestrian Committee, spoke in support of this plan. MOTION: By Councilman Handshy to approve staff recommendations (as outlined in staff report) , seconded by Councilwoman Borgeson; passed 3 :1, with Councilman Molina voicing NO and Council- woman Norris absent. 4. Proposed 1986-87 Dial-A-Ride Contract Renewal with Community Transit Services Paul Sensibaugh, Public Works Director, gave staff report. Mike Moore, Location Supervisor for CTS, addressed the issue of liability insurance for public transit in cities. No public comment. MOTION: By Councilman Handshy to enter into the attached agreement with CTS for the amount and term as specified (see st report) , seconded by Councilwoman Borgeson; passed by 4. roll-call, with Councilwoman Norris absent. 5. Proposed Resolution 65-86 - Approving an Interim Budget for Fiscal Year 1986-87 and Appropriating Funds Thereafter Dave Jorgensen, Admin. Svcs. Director , gave staff report and reviewed the tentative budget schedule; he anticipates to have the preliminary budget available for presentation to Council on 7/14/86 , with sched- uled work sessions to review content and (hopeful) adoption on 7/28/86. No public comment. MOTION: By Councilman Molina to adopt Res. No. 65-86 , seconded by Councilman Handshy; passed by 4 :0 roll-call, with Council- woman Norris absent. E. COMMUNITY FORUM Dr . John Anderson, who has an orthodontic practice on Traffic Way, spoke in favor of repealing the Lewis Ave. Bridge fee, feeling his new office will not impact the area since the majority of his cliente already come from that area. 8 SDr. Del Greenleaf, 5960 West Mall, agreed with the comments of the previous speaker, feeling that the few developers left in the area are being asked to foot the bill for the bridge. He feels the bridge is needed, whether or not there' s new development, and the present fee structure is inequitable and unfair. Dr. Michelle Whitehead, who practices with her husband at 5960 West Mall, urged Council to consider the comments being made and suggested an amendment be made to the present ordinance (No. 118) . Dr. Greenleaf spoke again, offering possible alternative solutions: (1) Assess the entire community and assess all new development; (2) bonds; (3) perhaps the City could offer incentives to new developers (as Paso Robles did to fund their bridge) . He added that, if the remaining developers must pay for the bridge, they should charge a toll to users. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Borgeson requested that a proclamation be prepared in order to recognize the recent FFA 5th Place finish in national competition. Council concurred. City Manager - Mike Shelton announced that Lisa Hirshman of KPRL will be covering future Council meetings for the radio station. MEETING ADJOURNED AT 11: 02 P.M. TO MONDAY, JUNE 30, 1986, AT 7:30 P.M. IN THE PRATHER BUILDING OF ATASCADERO JR. HIGH FOR A PUBLIC STUDY SESSION REGARDING SEPARADO/CAYUCOS CEASE AND DESIST AREA; AND TO MONDAY, _JULY 14, 1986, AT 6 :00 P.M. , 4TH FLOOR CLUB ROOM, ADMINISTRATION BUILDING, PRIOR TO THE REGULAR COUNCIL MEETING, TO INTERVIEW APPLICANTS TO THE PARKS & RECREATION COMMISSION. RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Deputy City Clerk 9 • M E M O R A N D U M TO: City Council Members July 8, 1986 FROM: Mike Shelton, City Manager lvlls-.�- S SUBJECT: EMPLOYEE OF THE MONTH NOMINATION - JUNE RECOMMENDATION: Council recognize David Crouch, Senior Building Maintenance Worker of the Public Works Department as "Employee of the Month" for June, 1986. BACKGROUND: Dave received two nominations by fellow employees for initiating and coordinating the recent Employee Picnic. This is the second annual summer picnic of the City. As you will recall, the first picnic was suggested by and also coordinated by Dave. In addition to the annual picnics, David has performed a number •. of note worthy tasks including coordinating the Employee Thanksgiving Luncheon, constructed the City Council platform, and performed numerous other quality remodeling tasks throughout the Administration Building. The City is fortunate in enjoying the dedication and abilities Dave' s employment provides the City. Dave began employment with the City in March, 1984. MS:kv cc: David Crouch Personnel File • M E M O R A N D U M TO: City Council Members July 14 , 1986 FROM: Mike Shelton, City Manager SUBJECT: CALIFORNIA MENS COLONY AGREEMENT RECOMMENDATION City Council authorize Mayor to sign amendment to agreement between the California Mens Colony (CMC) and the City of Atascadero, and extending the agreement to June 30, 1987. BACKGROUND Last year and in prior years, the City has utilized inmate labor for a very nominal cost for unskilled general labor. Most recently, CMC labor was used extensively in providing preparation work at Paloma Creek Park. CMC requires the City, by amendment, to update last year ' s agreement, extending terms and conditions another twelve (12) months to June 30, 1987. As a matter of general information, crews are limited to a maximum size of 15 at any one time. The City is required to provide a minimum of 6 hours work per crew per day. Meals, transportation and security is provided by CMC. FISCAL IMPACT All labor engaged will be funded through fiscal year 1986-87 budget appropriations. Labor cost is $1. 50 per day per crew inmate and $2.00 per day per inmate leadman. Transportation mileage in excess of 20 miles from the California Mens Colony per day is charged at $. 20 per mile. MS:kv File: Mmenscol • RESOLUTION NUMBER 70-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AGREEMENT AMENDMENT TO CALIFORNIA MENS COLONY AND CITY OF ATASCADERO JULY 1, 1986 THROUGH JUNE 30, 1987 WHEREAS, the City of Atascadero entered into an agreement with the California Mens Colony on August 26, 1985, for unskilled laborers to perform general maintenance work; and WHEREAS, the California Mens Colony requires the City to amend the original agreement and to extend provisions of the agreement to June 30, 1987; NOW, THEREFORE, be it resolved that the Atascadero City Council authorize Mayor Marjorie Mackey to sign the amendment, thus renewing the contract agreement for fiscal year 1986/87. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT ADOPTED: City of Atascadero, California ATTEST: BOYD SHARITZ MARJORIE MACKEY City Clerk Mayor APPROVED AS TO FORM: ROBERT M. JON EJS City Attorney G STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 JUN June 10, 1986 City of Atascadero City Manager P.O. Box 747 Atascadero, CA 93423 Gentlemen: As per your request, your contract will be extended for another fiscal year. Enclosed please find four copies of Amendment #1 of the Agreement between the California Mens Colony and the City of Atascadero for the use of inmate labor. This amendment must be returned in order to renew your contract for fiscal. year 1986/87 . If you wish to continue work crew services, please sign and return to California Mens Colony as soon as possible. A copy will be returned to you when the agreement is duly signed. All of the terms, conditions, and stipulations of the 1985/86 agreement stand as first written. We hope that our inmate work crew can continue to be of service to you during the next fiscal year. Sincerely, C. alvato Ass ciate Warden Business Services CJS:cm Enclosure AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as lecity" . Both parties agree to amend the contract of fiscal year 1985/86 , Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. ESTELLE Warden Dated• Dated• ATTEST: C.J. Salvato Associate Warden Business Services 0 0 AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO 0 AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as '1City" . Both parties agree to amend the contract of fiscal year 1985/86, Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written.. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. ESTELLE Warden Dated• Dated• ATTEST: C.J. Salvato Associate Warden Business Services AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as "City•• . Both parties agree to amend the contract of fiscal year 1985/86, Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. ESTELLE Warden Dated• Dated: ATTEST: C.J. Salvato Associate Warden Business Services AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as '1City" Both parties agree to amend the contract of fiscal year 1985/86, Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections ESTELLE Warden Dated• Dated: ATTEST: C.J. Salvato Associate Warden Business Services • � ! r AGREEMENT BETWEEN THE CALIFORNIA PIENS COLONY AND THE CITY OF ATASCADERO This Agreement made and entered into by the California Mens Colony, Department of Corrections, hereafter referred to as "CMC and the City of Atascadero hereafter referred to as "City" . Witnesseth: That the consideration of the covenants, conditionE agreements and stipulations hereafter expressed do hereby agree to fur- nish services and materials as follows: 1. Recitals 1. 01 City has a need for unskilled laborers to perform general maintenance work and CMC has unskilled laborers available to perform such work. 1. 02 City desires to engage CMC as an independent contractor to provide services with the city. - 1. 03 The purpose of this Agreement is to provide a meaning- ful, useful and manageable work program as part of the work incen- tive of inmates at CMC to render a public service. Under no circum- stances are inmates of C%1C to be considered employees or agents during the period of assignment to City projects. 2. Obligation of C%1C 2. 01 CHIC will provide a work force of custodiallu quali-fied workers ..;hc can perform unskilled labor for general maintenance in the City parks , street parkways, reaches , reservoirs, and around the Citv in general within the City limits of the City of Pl`=,scadero. 2 . 02 =C will assign said wor force to City bet:•reen the hours of 8 : 00 a.m, and 4 : 00 p.m. , no more than five ( S ) days per >ek with Saturdays , Sundays and holidays e-.;cept`d. Agreement Between the California Mens Colony and the City of Atascadero 2. 03 CMC will not commit inmates to City projects on days that the City cannot utilize their labor. 2. 04 CMC will transport inmates to and from an agreed upon work designated site. 2. 05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled solely by CMC. 2. 06 CMC will retain custody of the inmates at all times during the course of work within the City. 2. 07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control, welfare and safety of inmates. 2. 08 CMC will perform all necessary paperwork regarding hours worked, people used and accounting procedures. 0 2.09 CMC may reject any project which the Institution Adminis- tration feels could jeopardize the use of inmate labor or bring undue criticism in the use of this resource. 2.10 CMC will provide lunches and beverage for the inmate crews. 2. 11 C:-1C will temporarily suspend work on any project without prior notificazicn based on unforeseen custodial or situational circumstances . Written notification will bQ given if suspension will exceed 24-hours. 3 . Obligation of City 3 . 01 City will receive the services of the inmate crews between 8 : 00 a.m. and 4 : 00 p.m. of each work day (minimum of six [ 61 hours ) . 2 /Agreement Between the California Mens Colony and the City of Atascadero 3 . 02 City will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The City will maintain said equipment in workable condition. Under no circumstances shall any inmate be permitted to use equipment or tools that he is not trained to use. 3. 03 City will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews. 3 . 04 City will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the City on crew availab4lity. Advance notice of curtailments on a project will be provided by the City. 4 . Payment 4. 01 City will pay CMC for any work force assigned to City at the current prevailing rate for inmates of approximately $1. 50 per day, per crew inmate, and $2. 00 for an inmate leadman and a scamper. In high population density areas ( i .e. , within City limits ) crew strength will be limited to a maximum of fifteen [ 15 ] inmates per supervisor. 4 . 02 Niles traveled in excess of 20 :wiles from the California , .'ens Colony in one days time will be charged at the rate of $ . 20 a mile. 4 . 03 C:dC will submit a detailed statement to the City each month which sets forth days , hours per day worked and number of inmates in the work force assigned to the City in the month immediat`i- preceding. Statement will include mileage charges for miles traveled in excess of 20 miles per day. City will pay said statement wi�hin 3 J Agreement Between the California Mens Colony and the City of Atascadero thirty ( 30 ) days after receipt thereof . CMC will add 30% to the monthly statement to the City ( 10% to be placed in the Inmate Welfare Fund, plus 20% for administrative costs ) . 4 . 04 CMC shall have sole responsibility for disbursements of these payments to the personnel involved. 5. Work 5. 01 The work force assigned by CMC shall only perform general maintenance on property of City. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor or projects requiring public bidding. 6. Relationship of Parties 6 . 01 It is understood that the contractural relationship of 0 CMC to City is that of independent contractor. The work force and agents and employees of CMC on assignment to City are not, and shall not be considered employees or agents of City. 6 . 02 Any obligations to provide worker ' s compensation insurance or to pay prevailing wages shall be borne by CA4C to the extent that such obligations may apply, except as specified by law ( Sections 3370-3371, Labor Code ) . 7. Liability 7 . 01 The City and CMC will each be responsible fcr its cern negligence in the performance of this contract and for resulting injury or property damage. Each party agrees to indemnify, defend, and hold the other party harmless from claims of damage or injury resulting from its own sole negligence in the performance of this contract. 4 Agreement Between the California Mens Colony and the City of Atascadero 8. Termination 8. 01 This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate twelve (12 ) months from the date of signature by City unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12) month intervals. 8. 02 This Agreement shall be renegotiated on a fiscal year basis. 9. Assignment 9. 01 Neither party shall assign any rights or obligations under this Agreement. 10 . Notices 10 . 01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States I:Iail, First Class and postage prepaid, addressed as follows : City of Atascadero 6500 Palma Avenue Atascadero, California 93422 California :•Iens Colonv P. O. Box 8101 San Luis Obispo, California 93409 11. Amendments 11.01 This agreement shall not be amended except by an Agreement in writing signed by both parties. 5 y_e Agreement Between the California Mens Colony and the City of Atascade� IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. ESTELL ,fes✓ Warden Mayor o t LAOascadero Dated: � G� .�'� _ Dated:August 26 , 1985 ATTEST C. J Salvato Ass ss/ Warden f; Business Services ROBE= Interim �— Interim City Attorney 6 • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager ., FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Street Maintenance Districts DATE: July 9, 1986 Recommendation: It is recommended that Council approve the attached Resolutions of Intention to order the formation of the following Street Maintenance Districts: 86-1 Falda Road 86-2 Pinal/Escarpa 86-3 Aguila Avenue 86-4 Cayucos Avenue Upon Council approval, Public Hearings will be set for the next Council meeting and required notifications will be mailed. Background: All four of these Maintenance Distrct have been initiated by the property owners involved. In each case a petition was circulated and signed by a majority of the property owners. Maintenance Districts 86-2 and 86-3 have been completed at the request of the petitioners as part of the 85-86 resurfacing program. This enabled them to have construction for approxi- mately one year prior to being asessed on their tax rolls and to avoid any unknown inflationary costs. Fiscal Impact: Funds for the resurfacing of Districts 86-1 and 86-4 will be paid from an account set up specifically for temporarily fund- ing maintenance districts. Funds collected this year from Maint- enance District 86-2 and 86-3 will reimburse funds that were ex- pended last fiscal year to provide paving for those streets. RESOLUTION NO. 76-86 _ RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING - A TIME AND PLACE FOR PUBLIC HEARING THEREON, MAINTENANCE DISTRICT 86-1: FALDA ROAD- WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 86-1:- Falda Road -,`,,:-, hereinafter referred to as the District. NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest' That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District as said area is shown and delineated on a map,hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest and convenience requires, it is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt -concrete paving oiler existing graded roadway. Estimated assessment for the first year is $1150 per lot. Estimated annual assessment after the first year is approximately $20.00 per lot for maintenance. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the District and reflected upon the map of the District, attached as Exhibit "A". Ilk Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and expenses of said District. - Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 86-1: - Falda Road in which the said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to'the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which District said .City Council here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses therof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 28thday of July, 1986 - , at the hour of 7:30 P.M.', in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than tenor more than thirty days after the date of the adoption of this Resolution. Section 10 - Noti Advertisement That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion of Councilman and seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JO , City Attorney PAUL M. SENSIBAUGH, Director of Public Works FEmTmION FOR I."7PROVE_"IEi1T OF FALDA 7D. As enabled by Section 5620-5356 of Streets and Highway Code, we the under- signed property owners hereby petition City Council to form a I"Iaintenance Assessment District to improve and maintain the road. e understand that the estimated cost for the initial improvement will be. approximately $1150 per lot with an annual maintenance cost of $20 . 00 thereafter. If, after the improvements are in, the property owners elect to terminate the District, the City will be under no obligation to continue maintenance of said road. We understand that the existing drainage pattern will be maintained and the property owners on the low side of the street will accept the normal drainage flow. We also understand that a terminus of the roadiviay would be constructed to Fire Department Standards. Hammer head type would be built in conjunction with the final driveway. Assesor ' s Parcel 1_14-umber Address Property Owner Sig' ure 49-301-04 4640 San Anselmo Petersen �- 9-3 01-1 7 4 Falda Rd. Dickey 49-301-07 3055 Falda Rd. Smiith 49-301-08 Falda . esser 49-301-20 I,alda Burt i 49-302-01 4650 San Anselmo DUty LOLL 49-302-06 3360 Falda Romin;er A 49-302-07 3790 Falda Drew1� ?- /_,� LLfd 49-302-10 3720 Falda "iTora 49-302-35 3550 Fa1da Fernandez 49-302-34 3530 Falda Thompson 49-301-21 3725 '''alda :loze y The attached letter from the City of Atascadero is incorporated in this petition. i PETITION qO R I"'PROVE."I-NT OF _FAL IDA nD . es enabled by Section 5620-5856 of Streets and Hi ;h:lay Code, re the under- -j property owners hereby petition City Council to form a 'laintenance lssessment District to improve and maintain the road . :e understand that the estimated cost for the initial imnrovemient will be ..pp roxi'mately -'1150 per lot -with an annual maintenance cost of $20 . 00 thereafter . after the 'Improvements are in, the property owners elect to terminate the '!strict, the City will be under no obligation to continue maintcnance of 'all -cad . e underst4_Id that the existing drainage pattern :rill be :Maintained and the %ropert�.' owners on the lo-,,i side of the street will accent the normal draina6e 'lo:,r, a� scr�erstand t.ia.ta terTlinus of the roadiray mould be cons'.ructed to 'i-e Dcnr t ent Utand2_r:3s . I?ammer l=ead type :-roulcl be built in conjunction ^rith el a ^e^ r?�eS p-are„ty nr _nature _)4;_ ;an .^-,r.selr: o Peter-en t a1_da ...d . pic,-eY i _n7 �; — �? as 7 ws _. — _ 7 J J�-- 1.... 1i_i • �J1i1it:1 'a1da. ester _urt —711 61� can, n - -J 36 6_10 7a lda o,-,,i i nom,e l 3790 2alda D—ew -302- 372'' Tal: _ N1ora ' -3'^2-3 : 350 alda Fernandez -3 J2 3580all da r2hompson tttach.ed letter from the Cit-r of Atascadero is incorporated in this r.et'tioT: , y 0 AIDMINISTRATION BUILDING �. CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 .ATASCADERO, CALIFORNIA 93423 _ ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 - PHONE: (805)466-4422 CITY COUNCIL ��������® _ �• CITY CLERK POLICE DEPARTMENT POST OFFICE BOX747 CITY TREASURER INCORPORATED JULY.2-, 1979 ATASCADERO,CALIFORNIA CITY MANAGER - PHONE: (805) 466-8600 0 ADMINISTRATIVE.SERVICES DEPARTMENT - .. w� COMMUNITY DEVELOPMENT DEPARTMENT - PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE - ATASCADERO,CALIFORNIA 93422 --f.. - - PHONE: (805) 466-2141 June 13, 1986 Mr. & Mrs. O.D. Smith 3855 Falda Avenue Atascadero, CA 93422 Subject: Proposed Road Maintenance District for Falda Road Dear Mr. & Mrs. Smith: This letter is to confirm the major points of the meeting of. June 6.; 1986. The property owner should mutually agree on the following items and the second petition _(final) should also clearly address the items which are agreed upon: 1) Apportionment of assessment, equal cost_ to abutting property owners or based upon property footage. It sounds like equal sharing of costs was the consensus of the property owners. 2) Road alignment - Centerline monuments should be located to verify that proposed road improvements are located within the 40 ' right of way of Falda: 3) Existing drainage pattern will be maintained but property owner should agree to accept drainage flows from Falda Road. 4) Roadway structural .Section - Our preliminary estimate of $13,800 was for shaping existing roadway and paving 2" of asphaltic concrete over existing native soil. At the meeting a thicker section 3" was being discussed over base which the property owner may place prior to paving. at 5) Turn around at terminus 9f the ro$dway would be con- structed to Fire Department Standards. Hammer head type would be built in conjunction with final driveway. 6) Seporate driveway encroachments could be included in the contract as a sepQrate item which would be added to the cost to individual properties wanting a paved driveway connection. The final petition should include 60% of land area property owner and agree to pay their fair share for subject road maintenance district, when we receive the final petition a public hearing will be scheduled and property owner notified. This hearing will be for a resolution to form a Maintenance District. After this Resolution staff will prepare assessment District Boundary which will be taken back to City Council for a resolution forming the maintenance district. Please advise your neighbors of the remaining steps in the process, and feel free to call with any questions. Sincere y. EOR E AC. WOLFRAN . Senior Civil Engineer 2 C7TY OF ATASCA7ERO DEPARTMENT OF PUBLIC WORKS 1979 THOMP5,W BURT 8 Zp FERAI ULEZ 2I MOZE -n 0 MORA ip 0 DREW ' M/TR 7 0 0 46 eOMINGERe DICKEY g DUTY m m O ELM0 AVE. SpN REVISIONS Date f17cDA P000 limwTENA&E D15rc r Alo. i M 3FF 50R:' BXW 49, FACiE 50 DRAWN:,K) CHECKED: APPROVED: DATE:�_8-BG RESOLUTION NO. 77-86 _ RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADER y 0 DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON, MAINTENANCE DISTRICT $6-2t PINAL/ESCARPA' WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 86-2c Pinal/Escarpa Aves, -X hereinafter referred to as the District. NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District as said area is shown and delineated on a map.hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest and convenience requires, it is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded-roadway- along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated assessment for the first year is $1928 per lot. The estimated annual assessment after the first year is approximately $20.00 per lot. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the District and reflected upon the map of the District, attached as Exhibit "A". Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and expenses of said District. - Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 86-2 Pina1/E-scarpa Avenues- in which the said treasurer shall place ali monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to'the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which District said .City Council here declare to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses therof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 28th day of July, 1986 at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object -to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than tenor more than thirty days after the date of the adoption of this Resolution. Section 10 - Not Advertisement That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion of Councilman and seconded by Councilman the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES, ity Attorney PAUL M. SENSIBAUGH Director of Public Works �a�F September 4, 1985 Public Works Department P. O. Box 747 Atascadero, CA 93423 The undersigned residents of J1iyc y 4 � oL �_ hereby petition for formation of a Street Maintenance District. The desired district would include P ua.I 4 L-scor-b ,— from it's intersection with : ,ZanIn=e2 , approximately feet. We are requesting an asphalt roadway approximately 9f,/22 feet wide. The desired Maintenance District is necessary due to the erosion of the dirt street. NAME ADDRESS ASSESSOR'S PARCEL NO. 10 IP .� ,fie . 7i,"5 'Z.."x4j (Ick", A"c. 10t- ,P— Glockc f3o� he Y ���, y F 3 CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS 191s'� 1978, N 5� 3h2•�' � No 5V X OP5rl CtAyeocr (D� n N,�,� o �p f !08 t /54�� AVE, ' ►50 - _. 2290 PINAC _-� 4'' 1 , cn1 0 s%e Ger SHoCM �-� N55°51,'W / REVISIONS Date PINA AVF- / E5^APPA AVE ,1114I)M1JAVE D16TRIC T N0.l DRAWN:, H11 APPROVED: t; lip RESOLUTION NO. 78-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING - A TIME AND PLACE FOR PUBLIC HEARING THEREON, MAINTENANCE DISTRICT 86-3 AGUILA WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 86-3.—Aguila Avenue -, hereinafter referred to as the District. NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District as said area is shown and delineated on a map.hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest and convenience requires, it is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded roadway along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated assessment for the first year is $1943 per lot.' Estimated annual assessment after the first year is approximately $20.00 per lot. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the District and reflected upon the map of the ` District, attached as Exhibit "A". Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and expenses of said District. - Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 86-3 Aguila Avenue - in which the said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to'the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which District said -City Council here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses therof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 28thday of July, 1986 , at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than tenor more than thirty days after the date of the adoption of this Resolution. Section 10 - Notio Advertisement That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the - date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion of Councilman and seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: 'ROBERT M. JONES, City Attorney PAUL M. SENSIBAUGH Director of Public Works We the undersigned wish to form a* maintenance A64essment District on a portion of Aguilla Ave. in the City of Atascadero. Signed, Lot 20 �JAM�� ,oerr��� ✓ Lot 21 A S C� Lot 21 B Z Lot 22 �0/"1`/uirl of 5 B CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS Iola , ,979 A 55E55OR.55 BOOK 3% PA�'E Ul 999#74#W 95 '* z [.€ [, 'N 5 GAUcTIVEy eo AGUILA PORTER 2J IN 99 x REVISIONS Date A,_,S'�a�M�NT Z�iST.2/GT DRAWN G� CHECKED APPROVED DATE i !r RESOLUTION N0. 79-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADEROy DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON, MAINTENANCE DISTRICT -86-4: CAYUCOS AVENUE - WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 86-4-Cayucos Avenue., hereinafter referred to as the District. NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District as said area is shown and delineated on a map hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest and convenience requires, it is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded roadway along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated assessment for the first year is $1085 per lot. Estimated annual assessment after the first year is approximately $20.00 per lot. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the District and reflected upon the map of the District, attached as Exhibit "A". Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments cmd shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and expenses of said District. - Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 86-4:- Cayucos Avenue m -- - - - - in which the said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available. source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which District said City Council here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses therof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 28thday of July, 1986 at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than tenor more than thirty days after the date of the adoption of this Resolution. Section 10 - Not Advertisement That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion of Councilman and seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: MARJORIE R. MACKEY, Mayor BOYD C. SHARITZ, City Clerk APPROVED AS TO FORA: APPROVED AS TO CONTENT: ROBERT M. JONES, City Attorney PAUL M. SENSIBAUGH Director of Public Works • w IATA • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager , FROM: PaulSsibaugh, Director of Public Works SUBJECT: Annual Assessment Rate for Street Maintenance Districts DATE: July 8, 1986 Recommendation: Staff recommends that Council approve the attached resolutions fixing the annual assessment rate for the following Street Maintenance Districts: 83-1: Lobos Lane 83-2: Sonora/Pinal 83-3: Maleza Avenue 84-1: San Fernando Background: Street paving was installed in all of these districts under provisions of the Streets and Highways Code. The estimate of $40.00 per parcel is based upon accomplishing minor maintenance work during the 1986-87 fiscal year. It is required that this special tax rate be established prior to August 10 in order to appear on next year ' s property tax roll. 0 RESOLUTION NO. 72-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PUR- SUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) F0R MAINTENANCE DISTRICT -83-1 LOBOS AVENUE ' - WHEREAS, the Council has previously approved the formation of Maintenance District 83-1; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-1 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways . Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atas- cadero as follows: Section 1. The above recitals are true and correct. Section 2. Based on an estimate of the Public Works Director, the Council sets a special tax rate of Forty Dollars ($40.00) per parcel as identified in the assessment diagram for Maintenance District 83-1, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July, 1986, and ending on the 30th day of June, 1987. Section 4. The works of improvement and maintenance performed within Main- tenance District 83=1 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 5. The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-1 Lobos Avenue I , pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption. Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT• MARJORIE MACKEY, Mayor ' ADOPTED: ATTEST: BOYD SHARITZ, City Clerk APPROVED AS TO FORM: ROBERT M. JO City Attorney APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Director of Public Works LOBOS LANE ' Assessors Parcel Property Owner Assessment 29-222-26 ED & NL Simon $40.00 P.O. Box 2081 Atascadero, CA 93423 29-222-21 RM & IM Anderson $40.00 5580 Lobos Lane Atascadero, CA 93422 29-222-20 JJ & MR McGoff $40.00 % Kohout,Randy 5620 Lobos Lane Atascadero, CA 93422 29-222-19 Elliott Stephenson $40.00 10025 El Camino Real #121 Atascadero, CA 93422 29-222-18 RC & SP Burce $40.00 % Richard Burce P.O. Box 497 Atascadero, CA 93423 29-222-35 GS Mansfield $40.00 4612 So. 5th Street Arlington, VA 22204 29-272-13 EJ & E Bovee $40.00 5665 Encima Avenue Atascadero, CA 93422 29-272-23 E & LV Bovee $40.00 Everett Bovee P.O. Box 1025 Atascadero, CA 93423 29-272-24 Walter Anderson 5660 Lobos Lane $40.00 Atascadero, CA 93422 29-272-16 AL & BA Tellez 5670 Lobos Lane $40.00 Atascadero, CA 93422 r� Assessor' s Parcel # Property Owner Assessment 29-231-15 M & R Klatt $40.00 5675 Lobos Lane Atascadero, CA 93422 29-231-01 GE & M Fakhuri $40.00 5625 Lobos Lane Atascadero, CA 93422 29-231-16 DA & D Fee $40.00 5595 Lobos Lane Atascadero, CA 93422 '.f29-231-13 R & B McGough $40.00 4810 Noaales Atascadero, CA 93422 i I i v n 0 N n N O N N m a N 3 v o l'y N z , C ti 1 ` t o Y- RESOLUTION NO. 73-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PUR- SUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 84-1: SAN FERNANDO ROAD WHEREAS, the Council has previously approved the formation of Maintenance District $4-1, and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 84-1; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways . Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atas- cadero as follows: Section 1. The above recitals are true and correct. Section 2. Based on an estimate of the Public Works Director, the Council sets a special tax rate of Forty Dollars ($40.00) per parcel as identified in the assessment diagram for Maintenance District 84-1 said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1986, and ending on the 30th day of June, 198"t. Section 4. The works of improvement and maintenance performed within Main- tenance District 84-2-shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 5. The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 84-1: San Fernanco Road pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. Section 1. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption. Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: MARJORIE MACKEY, Mayor ADOPTED: ATTEST: BOYD SHARITZ, City Clerk APPROVED AS TO FORM: ROBERT M. JO City Attorney APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Director of Public Works • C Assessor's Parcel Property Owner Assessment #x ..j 49-251-38 WE Dunn $40.00 1731 San Fernando Road Atascadero, CA 93422 Y 49 281-01 RG & AL Brewer $40.00 1801 San Fernando Road Atascadero, CA 93422 k, 49-281-03 = DA & SA Gehre $40.00 "" r 1861 San Fernando Road + } �^ Atascadero, CA 93422 cry : z .. $49-281-04 40.00 1869 San Fernando Road Atascadero, CA 93422 49-281-02 SL & SL Thomas $40.00 1876 San Fernando Road ` Atascadero, CA 93422 49-281-10 MIR Rogers $40.00 2005 San Fernando Road Atascadero, CA 93422 49-281-09 EB & M McCoy $40.00 2025 San Fernando Road Atascadero, CA 93422 49-281-07 RL & SE Bellis $40.00 -` 2035 San Fernando Road Atascadero, CA 93422 49-281-08 DB & RE Wilkinson 2045 San Fernando Road $40.00 Atascadero, CA 93422 49-281-11 CL & HGE Springer $40.00 2053 San Fernando Road Atascadero, CA 93422 49-281-12 CE Springer $40.00 i 2085 San Fernando Road Atascadero, CA 93422 Ilk Assessor's Parcel Property Owner zk P Y . Assessment 49-281-05 C.E. Springer $40.00 2135 San Fernando Atascadero, CA 93422 t 50-051-01 GH Andrews $40.00 2155 San Fernando Road Atascadero, CA 93422 50-051-22 CW & E Hessick $40.00 -.P.O. Box 25 93423 V Atascadero, CA y 50-051-23 CW & E Hessick $40.00 P.O. Box 25 Atascadero, CA 93423 50-051-24 AE & RD Scarson $40.00 2205 San Fernando Road Atascadero, CA 93422 r SAN FERNANDO ROAD syk Assessor`s Parcel Property Owner 233.t Assessment 49-241-08 R. Freiler $40.00 2130 San Fernando Road # Atascadero, CA 93422 .49-241-12- :.•,DR & C Burbach ry. $40.00 2020 San Fernando Road Atascadero, CA 93422 ,. 49-241-31 RO & A Churchill $40.00 2040 San Fernando Road Atascadero, CA 93422 49-241-30 EA Pimentel $40.00 2060 San Fernando Road Atascadero, CA 93422 ' 49-241-39 CJ & AM Vreeken $40.00 1100 San Fernando Road Atascadero, CA 93422 49-241-40 BM & R Aggson $40.00 - 2130 San Fernando Road Atascadero, CA 93422 49-271-15 -A. Grimes $40.00 D. Messer . 2200 San Fernando Road Atascadero, CA 93422 49-271-16 J & C Gutierrez 2170 San Fernando Road $40.00 Atascadero, CA 93422 49-271-17 DG & CA Perry $40.00 2150 San Fernando Road j Atascadero, CA 93422 49-251-36 TL & LPI Tolbert $40.00 1701 San Fernando Road Atascadero, CA 93422 49-251-37 - WE & LA Dunn $40.00 1731 San Fernando Road Atascadero, CA 93422 k N v N � ,A I C> t . IJ. N' i Ln FJ to o t : f✓ v �A. t N � N IJ OD I i•q., � IJ tp ,p ,p' ( Ln tv N N tp 00 ,.•., LD Ln CD 00 co w _ :N—•` ` LJ Ab l0 I .P• N— � __ I N N 00 oo N O 1 IJ N f✓ Ln 0 I 00 I I N w i. o o o OD ,A o W k' I 1, N tb w F ' A 00 N 1 I N\\ W N CD FJ OD Fl 1 I 1 o to w o rt to !-'• 0) CA H m p a 9 z sv w rt to z H U) m M �. O 0 w z z Cd cn z t O b 0 G > co m ar n d r9 d I � n F'•. n. O O H C,y z ro w vi G F� R rn 7J H H � Z F�• On t7 H H rt S - y � m a' w (P to w PI o = C: n ::) 0 a � w G n � � n rD s RESOLUTION NO. 74-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PUR- SUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-3 MALEZA AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 83-3; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-3 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways . Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atas- cadero as follows: Section 1. The above recitals are true and correct. Section 2. Based on an estimate of the Public Works Director, the Council sets a special tax rate of Forty Dollars ($40.00) per parcel as identified in the assessment diagram for Maintenance District 83-3, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1986, and ending on the 30th day� of June, 1987. Section 4. The works of improvement and maintenance performed within Main- tenance District 83-3 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 5. The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-3, Maleza Avenue pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption. Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: MARJORIE MACKEY, Mayor ADOPTED: ATTEST: BOYD SHARITZ, City Clerk APPROVED AS TO FORM: ROBERT M. J S, City Attorney APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Director of Public Works K Xv l MALEZA AVENUE ! 1c i FL : Assessor's Parcel $ Property Owner `'"� Assessment " ' � sd 4 29-121-07 J. Hazard $40.00 5360 Maleza Avenue Atascadero rt y .l,e� � -+n:..` L._, ?ri { a�t ; e _,-, _,. 1•. ,� r�1 +}a,� X29 121 06 }_ `i 4z '<` PL & VK Roberts $40.00 ',, , � � t,,' •,� 5380 Maleza AvenuerA Via 4�` � 1 f + Atascadero _ nc� ! {' ' , '7. t! t ia• ;at. "� APs. e 1 '� a +i i+ [�AIN 29-121-05 FL & ME Sumner — $40.00 r ,F 5390 Maleza Avenue ' . Atascadero z �^ rtyF 29-121-20 R & HL Trigo $40.00 5400 Maleza Avenue •� 1/ Atascadero y7 A, 29-121-19 SW Davis $40.00 t 5420 Maleza Avenue Atascadero 29-131-26 WH & PA Koens $40.00 5465 Maleza Avenue Atascadero - i 29-131-23 RE & LL Dillon $40.00 } Y 5425 Maleza Avenue Atascadero 29-131-25 RE & LL Dillon - $40.00 5425 Maleza Avenue - Atascadero 29-131-02(vacant) Chevron USA $40.00 2525 North Chester Bakersfield,CA _ - • moi,..+ . a' � s•. r. "•f .��J. .\ � �O ' �O i n J ® �., t }•F�.iJy • y� r,�i•'•ct L{ - r • t� , .. " 6 .O ter'+! ! � 7sO f •♦ -•�• aJ..^4��'� - ' •� O � O - �� +oO $ - �/ .< -.y. + �_.�r� ytom( - •. � �L=•J : k �'. ` ; � Jar'�� a-. ' �73d... ��� ti ` D �• , + �a i ' moi+ • • :r..�� L ._ ids O »•r•,r • c. ~.. ^�'�.0,•.....'� 1' 1 �' ,., ,a. •o°D• �rs A O-. •ten•/ ,. � (> � r o RESOLUTION NO. 75-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PUR- SUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-2 SONORA/FINAL AVENUES WHEREAS, the Council has previously approved the formation of Maintenance District 83-2; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-2; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways . Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atas- cadero as follows: Section 1. The above recitals are true and correct. Section 2. Based on an estimate of the Public Works Director, the Council sets a special tax rate of -Forty Dollars ($4.0.00) per parcel as identified in the assessment diagram for Maintenance District 83-2, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July, 1986, and ending on the 30th day of June, 1987. Section 4. The works of improvement and maintenance performed within Main- tenance District 83-2 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 5. The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-2: Sonora/Pinal Avenues, pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. 0 � . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption. Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: MARJORIE MACKEY, Mayor ADOPTED: ATTEST: BOYD SHARITZ, City Clerk APPROVED AS TO FORM: zca" BERT M. JON,9, City Attorney APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Director of Public Works SONORA/PINAL Z,A�ssessorlsarcel # Property Owner Assessment 29-181-06 D. Theriault $40.00 7380 Pinal Avenue Atascadero, CA 93422 29-181-05 L. Castellano $40.00 1550 E. Shaw Ave .E101 Fresno, CA 93710 29-181-41 N.E. Scott $40.00 7900 Yesal Atascadero, CA 93422 29-181-40 DM & PA Pyron $40.00 4636 Viscano Ave. Atascadero, CA 93422 29-181-02 DE & PM Caudill $40.00 7310 Pinal Ave. Atascadero, CA 93422 29-181-46 TL & LR Miles $40.00 7370 E1 Camino Atascadero, CA 93422 29-121-03 LB Dohrmann $40.00 4801 Jellett San Diego, CA 92110 29-121-02 BE & MM Ratcliff $40.00 7345 Pinal Atascadero, CA 93422 29-121-01-Lot 5, 6 LB Dohrmann $40.00 4801 Jellett San Diego, CA 92110 29-181-45 RB & M t•;iley $40.00 P.O. Box 1707 Atascadero, CA 93423 29-1^o1-16 MA & G Silva - $40.00 7335 Sonora Ave. Atascadero, CA 93422 29-181-51 HF & CD Cardinale 7355 Sonora Ave $40.00 Atascadero, CA 93422 29-181-52 O. Vogt Etal $40.00 7460 Pinal Ave. Atascadero, CA 93+22 Assessor' s Parcel Property Owner Assessment 29-171-21 GA Rachunok $40.00 7370 Sonora Atascadero, CA 93422 29-171-03 FE Calkins $40.00 310 NW 4th St John Day, OR 97845 29-171-02 JF & DC Garnett $40.00 P.O. Box 514 . Atascadero, CA 93423 29-171-01 CT Willis $40.00 Box 338 Cabin Creek, West VA 29-161-04 CE Derby $40.00 P.O. Box 86 Atascadero, CA 93423 29-161-09 BR & JM Rogers $40.00 s Bruce Rogers P.O. Box 943 Atascadero, CA 93423 N � O ti Q j i m ti hag P � c g A C--MA s r' • TO: City Council Members July 14 , 1986 FROM: Mike Shelton, City Manager SUBJECT: PROPOSED RESOLUTION 80-86 - PROPOSED SAN LUIS OBISPO AREA CITIES/COUNTY COORDINATING COUNCIL JOINT POWERS AUTHORITY AGREEMENT RATIFICATION RECOMMENDATION Council adopt Resolution 80-86 - Authorizing the Mayor to ratify Amended San Luis Obispo Area Coordinating Council Joint Powers Agreement for 1986-87 . BACKGROUND Section IV of the Area Coordinating Council requires annual ratification by member agencies. The attached letter and proposed agreement is recommended for your consideration. FISCAL IMPACT Per the attached agreement, staff and other costs of the Area Council is funded by the County. Cost for City representatives to attend meetings is the responsibility of the City. This policy is unchanged from prior years. Encs: Resolution 80-86 Proposed 86-87 Agreement MS:kv • RESOUTION NUMBER 80-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO RATIFYING A JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO CITIES/COUNTY AREA COORDINATING COUNCIL 1986-87 WHEREAS, a Joint Powers Agreement has been submitted to the City of Atascadero for ratification by the City of Atascadero, and WHEREAS, it is desirable to maintain a single agency created by and with the consent of cities and the County to advise, plan for, and suggest solutions to common problems; and WHEREAS, the maintenance of such agency and its functions are necessary to comply with requirements of various Federal and State legislation in order to participate in the allocation and disbursement of State and Federal funds. THEREFORE, the Council of the City of Atascadero resolves as follows: Section 1. Authorize the Mayor to execute the Fiscal Year 1986-87 Joint Powers Agreement in behalf of the City. Section 2. Instruct the City Clerk to certify adoption of this resolution and cause this resolution and certification to be entered into the Book of Resolutions of the Council of this City. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: DATE ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ MARJORIE MACKEY City Clerk Mayor APPROVED AS TO FORM: ROBERT JONES City Attorney FY 86/87 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas- cadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq. , of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and JOINT POWERS AGREEMENT PAGF 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area-wide problems of mutual interest and concern to COUNTY ani? to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal. and state programs; and for other actions commensurate with the desires of the member governments. i JOINT POWERS AGREEMENT PAGE 3 II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named JOINT POWERS AGREEMENT PAGE S parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. JOINT POWERS AGREEMENT PAGE 6 All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq. , Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative i t JOINT POWERS AGREEMENT PAGE 7 votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. JOINT POWERS AGREEMENT PAGE 8 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. . d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. JOINT POWERS AGREEMENT PAGE, 9 f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. JOINT POWERS AGREEMENT PAGE 10 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." 5. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. JOINT POWERS AGREEMENT PAGE 12 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two—thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come 1 JOINT POWERS AGREEMENT PAGE 13 before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. 0 JOINT POWERS AGREEMENT PAGE 14 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 0663-1 n y 1 JOINT POWERS AGREEMENT PAGE 15 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Minute Order Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor l Resolution No. ,, San Luis Obispo Area Coordinating Council Arroyo a Grande Grover City Morro Bay rand Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo ® San Luis Obispo County May 6, 1986 Mr. Mike Shelton, City Admin. MAY City of Atascadero P. 0. Box 747 Atascadero, CA. 93422 Dear Mr. Shelton: SUBJECT: A. ANNUAL RATIFICATION OF THE AREA COUNCIL JPA B. CONSIDERATION OF MINOR UPDATE REVISIONS The San Luis Obispo Area Coordinating Council was created through a Joint Powers Agreement (JPA) with its member agencies. The attached agreement specifies the purpose, powers, membership, staffing and financing. Section IV of this Agreement requires its annual ratification by its member agencies. Several amendments are recommended. First, clarification of the meeting schedule in accordance with the annual calendar adopted at the May meeting (Section VIII, 4) in order to accommodate some slight annual calendar changes to minimize conflicts with holidays. Second, changing the term "instruct their representatives on voting direction" to "advise. County Counsel has recommended this change as delegates must weigh all input and testimony received at the meeting before making a determination on a vote (Section VIII, 7). Finally, to update and clarify Section IX on Committees, it is recommended that the Transportation Committee be replaced by the actual committees that perform the transportation advisory function. These committees are the Technical Transportation Advisory Committee (TTAC), the Citizens Transportation Advisory Committee (CTAC) , and the Regional Transit Productivity Committee. The first two committees are required by our Memorandum of Understanding with Caltrans. The Productivity Committee is required by the Transportation Development Act (TDA). Accordingly, your governing body is respectfully requested to ratify the JPA as amended and updated by resolution or minute order and forward a copy of your action to the Area Council office at your earliest convenience. Thank you for your prompt attention. Sincerely, PAUL C. CRAWFORD, AICP Executive Director RONALD L. DE CARLI Program Manager RD/cl/5155-1 [104] V;60Uovernment Center, San Luis Obispo, CA 93408 (805) 549-5710 • M E M O R A N D U M TO: City Council July 14, 1986 VIA: Michael Shelton, Ciy Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 15-86 LOCATION: 12040/12100 San Marcos Road APPLICANT: Rex Hendrix (Twin Cities Engineering) REQUEST: To allow subdivision of 13. 47 acres into three lots of 4.45, 4. 45, and 4. 57 acres each. On June 16 , 1986 , the Atascadero Planning Commission con- ducted a public hearing on the above-referenced request, unanimously approving the application subject to the findings and conditions contained in the attached staff • report. Tom Vaughan with Twin Cities Engineering, representing the applicant, spoke in concurrence with the recommended conditions . No one else spoke on the matter. /ps CC: Rex Hendrix Twin Cities Engineering City of Atascadero Item: B-3 STAFF REPORT FOR: Planning Commission Meeting Date: 6/16/86 BY: Steven L. DeCamp, Senior Planner File No: TPM 15-86 Project Address: 12040/12100 San Marcos Road SUBJECT• Proposal to subdivide two parcels containing 13.47 acres into three lots containing 4.45, 4.45, and 4. 57 acres each. BACKGROUND: Notice of public hearing was published in the Atascadero News on June 6, 1986, and all property owners of record located within 300 feet of the subject property were also notified on that date. A. LOCATION: 12040/12100 San Marcos Road (Lots 36, 37 , Block 81) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . .Subdivision of 13. 47 acres into three lots of 4.45, 4. 45, and 4. 57 acres each. 2. Applicant. . . . . . . . . . . . . . . . . . . .Rex Hendrix 3. Representative. . . . . . . . . . . . . . .Twin Cities Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . . 13. 47 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .San Marcos Road is a City-stand- ard road with a 40 foot right- of-way 6. Zoning. . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban with a 2. 5- 10 . 0 acre minimum lot size) 7. Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning and Use. . . . . .North: RS, vacant South: RS, vacant East: RS, vacant West: RS, vacant 9 . General Plan Designation. . . . .Suburban Single Family 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Sloping to steep with building sites available on each proposed lot. • Tentative Parcel Map 15-86 (Hendrix/Twin Cities Engineering) 11. Environmental Status. . . . . . . . .Negative Declaration posted May 19, 1986 C. ANALYSIS: The property proposed for subdivision is located in the RS (Resi- dential Suburban) zone. Minimum lot size in this zone ranges be- tween 2.5 and 10. 0 acres depending upon the "score" of various performance standards. For this site, the minimum lot size cri- teria are: Distance from center (14 ,000-16,0001 ) 0.50 Septic suitability (severe) 1. 50 Average slope (21-25%) 1.00 Condition of access (paved) 0 .40 General neighborhood character (5.25 acres) 1.05 Minimum lot size: 4.45 acres The lot sizes proposed (4.45 acres and 4. 57 acres) are equal to or larger than the minimum sizes that would be allowed. Each of the proposed lots has an adequate building site that is relatively level. Proper siting of building pads and driveways should result in a minimal amount of required grading. Any grad- ing that is required for driveways or building pads on slopes in excess of 20% will require a Precise Plan review and approval. Precise Plan review is done at staff level and is dictated by the California Environmental Quality Act (CEQA) and this City' s guide- lines for its implementation. San Marcos Road is a paved, City-standard road. The road will be accepted into the City-maintained system upon completion of a one year period. The property in question should pose few problems for residential development. Adequate building sites are available and access is good. Properly designed septic systems should provide adequate waste disposal. There are trees on the property; however, the building sites are relatively clear so that tree removal should be minimal. Finally, the density proposed for the property appears to be appropriate for the site and surrounding areas. D. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 15-86 based on the Findings in Exhibit A and Conditions of Approv- al listed in Exhibit B. SLD:ps 2 i • Tentative Parcel Map 15-86 (Hendrix/Twin Cities Engineering) ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B - Conditions of Approval Exhibit C —Location and Zoning Map Exhibit D - Tentative Parcel Map 3 ! 0 Tentative Parcel Map 15-86 (Hendrix/Twin Cities Engineering) EXHIBIT A - Tentative Parcel Map 15-86 Findings for Approval June 16, 1986 FINDINGS: 1. The creation of these parcels conforms to the zoning ordinance and the general plan. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to methods of handling and discharge of waste. Tentative Parcel Map 15-86 (Hendrix/Twin Cities Engineering) EXHIBIT B - Tentative Parcel Map 15-86 Conditions of Approval June 16, 1986 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines, and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits in conjunction with installation of driveways, access easements or structures. 4. Obtain encroachment permit(s) from the Public Works Department prior to issuance of a building permit and construct improvements as directed by the encroachment permit(s) prior to final building inspection. 5. An offer of dedication to the City of Atascadero shall be made for the following rights-of-way: a. Street name: San Marcos Road b. Limits: Minimum 25 feet from the centerline 6. Offers of dedication shall be completed and recorded prior to or simultaneously with recording the final map. 7. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Communi- ty Development and Public works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 8. All development fees and/or assessments in effect at the time of building permit application shall be paid at the time of building permit issuance. This shall appear as a note on the final map. 9. The common ingress, egress and Public Utilities Easement shall be a minimum of 25 feet in width and shall be shown and fully de- scribed on the final map. 10. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance 5 0 0 Tentative Parcel Map 15-86 (Hendrix/Twin Cities Engineering) prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 11. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 6 S9a� 12-et JDK C xg —r G g L-ocAi ION zoxl�N� a rf .! / rpm 15-86 .t--�- .,►y � ~ w\ten Wo REVISION DATE BY ` .. >;_ -/Sa •1 pq►v. n co 1 el L CP t2 yC�i w •��.' y • aa•• y 6� � e � •ice 5 1 Y� • � � 4Si4 q M V Zi oo t 2040 SL�N MK/�� _ / l��i� �D ytid• , a GftAvES r ^� It V 14 - - u ff a• y y � » w ••is • 8 !^� • Ihe4 4 SEC wJ• 1 q a 5ti o „ I�e M 1 ♦�a • - sr nwf 1 •��r�G o awl < 25 �� .. .- S i CITY OF ATASCADERO •k't� �__---- _ fjPlanning Department `3� v.' "..''�".�� ''///// .. ��FF h,�2lJtnt 1 .lam :-.•r.•..,......r-... :1l'1c Il[i'1�!1''llt,��>m?i� \ - c. ��•.. '�1yar ���•"•'- ,fW.::..:�.r, /� t J � • \Io S� SE •u � 2 h Lt shy S vi is < >►� �ti h L • ,• �`L w` � 1 t r i / 1 1 1 u1L4J 110, _ 1 e , 1 � � t 1 f r I ► � I r 1 4. r co M•SI IPS•1 ��i v n�4 r if • dfiI Mr 1a��'d� '►���1- C► !-19 I}-t X� e • M E M O R A N D U M TO: City Council July 14, 1986 VIA: Michael Shelton, City Manager WL FROM: Henry Engen, Community Development Director SUBJECT: Lot Line Adjustment 3-86 LOCATION: 5350 San Benito Road APPLICANT: Jerry. Levesque (Volbrecht Surveys) REQUEST: To adjust lot lines between two existing lots. On June 16, 1986 , the Atascadero Planning Commission considered the above-referenced subject on its consent calendar, unanimously approving the request subject to the findings and conditions contained in the attached staff report. There was no public testimony given on this matter. /ps CC: Jerry Levesque Volbrecht Surveys • 0 M City of Atascadero Item: A-3 STAFF REPORT FOR: Planning Commssion Meeting Date: 6/16/86 BY: Steven L. DeCamp, Senior Planner File No: LLA 3-86 Project Address: 5350 San Benito Road SUBJECT: Request to adjust lot lines between two existing lots. A. LOCATION: 5350 San Benito Road (Ptn. Lot 15, Lot 18, Block 22) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .Adjustment of lot lines between two existing lots. 2. Applicant. . . . . . . . . . . . . . . . . . . .Jerry Levesque 3. Representative. . . . . . . . . . . . . . .Volbrecht Surveys 4. Site Area. . . . . . . . . . . . . . . . . . . .5. 21 acres 5. Streets. . . . . . . . . . . . . . . . . . . . • .San Benito Road is a paved, City maintained road with a 40 foot right-of-way. 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7. Existing Use. . . . . . . . . . . . . . . .Single Family dwelling 8. Adjacent Zoning. . . . . . . . . . . . . .North: RS South: RS East: RS West: RS 9 . General Plan Designation. . . . .Suburban Single Family 10. Terrain. . . .. . . . . . . . . . . . . . . . . .Moderately sloping 11. Environmental Status. . . . . . . . .Categorically Exempt (Class 5) Lot Line Adjustment 3-86 (Jerry Levesque/Volbrecht Surveys) C. ANALYSIS. The parcels proposed for adjustment are located in the RS (Resi- dential Suburban) zone. Minimum lot size in this zone ranges be- tween 2.5 and 10. 0 acres depending upon the "score" of various performance standards. For this site, the minimum lot size cri- teria are: Distance from center (8,000-10,0001 ) 0.25 Septic suitability (severe) 1. 50 Average slope (11-20%) 0.75 Condition of access (paved) 0 . 40 General neighborhood character (1.80 acres) 0.36 Minimum lot size: 3.26 acres The existing and proposed lot sizes (2. 66 acres and 2. 55 acres) are smaller than would be allowed under the zoning ordinance. The lot line adjustment is, however, proposing an equal exchange of territory between the two lots so that neither lot will be "less conforming" as a result of the adjustment. Lot line adjustments meeting this criteria are in conformance with existing City policy. The single family dwelling on the subject site is located on the existing lot line. The proposed lot line adjustment will remedy that situation and allow for the sale of one of the lots. No new parcels or building sites are being created as a result of the proposed lot line adjustment. D. RECOMMENDATION Staff recommends approval of Lot Line Adjustment 3-86 based on the Findings in Exhibit A and the Conditions in Exhibit B. SLD:ps ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B - Conditions of Approval Exhibit C - Location and Zoning Map Exhibit D - Proposed Lot Line Adjustment Map 2 0 ! Lot Line Adjustment 3-86 (Jerry Levesque/Volbrecht Surveys) EXHIBIT A Lot Line Adjustment 3-86 Findings for Approval June 16, 1986 FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning, general plan and subdivision regulations of the City of Atascadero 3 • 0 Lot Line Adjustment 3-86 (Jerry Levesque/Volbrecht Surveys) EXHIBIT B - Lot Line Adjusment 3-86 Conditions of Approval 0 June 16, 1986 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record of survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. If a final map is to be recorded, all existing improvements and easements shall be delineated thereon. 4. Construct a City standard drive approach for existing and proposed driveways prior to recording a final map or record of survey. 5. Obtain an encroachment permit from the City of Atascadero (prior to construction) and construct improvements as directed by the en- 18 croachment permit prior to recording a final map or record of survey. 6. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. 4 EX4i[317' G .. - .. ...:1 t :i:.:'r.l..td._t�,i i�.'.� },° sr ', �. �'.l J�st:'i��• > L-Oc-4 OIC( Z OIV I!\l Lei CNI °t ------ - •- ' F(FH) MF/7�� •o S� » ���•' He:��rn si rct� \ A4R --`,='' .r.`_r(-- ISL ' !!� 1 1 '{jll�i. •: w} �S o� �` � E I,8 ,"'7J�2?2�� r r . MA t�� i1 a 1 ��— `�--- t j f RM " " . 11 z Is JI/ 4-2 . 14 pe RM 1 a 13 4 �z � ii s',,•. .0" ` uw�r•, ` cOs� ' \ ,� /' 1 �� % \� i r • ',�\`13,0 •� i t) `�`�„••.�' SL \ / \ St t �^�_ /• c , ; �;� �?� !! \� .�/ �:. +/ '•` '71• /�•.. � y�c1'I� �•Sty v,�i- S. j �,•'� '\�` �32-o 3!• \ ^"J �,. tie•/�asa ;:. \ 49 as V.' ••fo ,a\ /�.S'.. •. A 33.6 32- 47 34 27 44. !tom )a-C toll, �ti-�••� / •� "VO\ '•` .fie vol v 32 A \ 1r o �� /tt /! SJ •\ 4.� •O rte\ •! elf 7 � '% � ,� � »1, 4 7, 33-1 Mo. , 37 34 71 1; 37.7 � ���'•.\i S A°s /t'A SS 31 S2 31 Ze \Y 31:x. •''.'� S �,��`••'� '/ � e����•.'. .Si �. .L —•�,y 1,�� CJ}! ,! 13 4 10 is °•6 10 '• yi'�1 l 1Y S t w _ �` 1• \ \\� I •/ N21 S to a �'• ))) ` a4 ia, ^.. s tis' b ..r.IJ �� •y rJ -• ow at-yam~- �-�-� �l\�\' S� C ��•~•�r'S•� I ,-.�i/�.� y� ?: ,►1�, 53 SO SAN B eN 17'o 2D. �/ .�,......_ RS I , 131-r _D y Q -rMC- ET 3-86 \f��.,.: -•�. h olp�� � �'� i � ? ��v VII l�� � ��� ��GD�tT• vi c �a� �\ 015 \ 6 ------------- P. — ��-'�' r 1 , M ,1 a ` • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Resolution of Intention - Cease and Desist Order 81-60 DATE: July 9, 1986 Recommendation: Staff recommends that Council adopt Resolutions 66-86, 67-86 68-86 and 69-86. Summary of Resolutions: Resolution 66-86 - Determining to Undertake Proceedings Resolution 67-86 - Appointing Engineer of Work, Underwriter and Bond Counsel Resolution 68-86 - Approving Boundary Map (Requires Affidavit) Resolution 69-86 - Resolution of Intention Background: Extensive backgroiund data for the proposed sewer assessment district was given to Council at the Special Study Session on June 30 , 1986, entitled Cease and Desist Sewer Handbook. The four resolutions constitute the first official steps toward formulating an assessment district. The project descrip- tion and boundary maps are attached to Resolution 66-86 and 68-86 respectively. Resolution 66-86 chooses the procedures outlined in the 1913 Municipal Improvement Act and the 1915 Improvement Bond Act for the formation of Assessment District No. 4. Resolution 67-86 appoints John L. Wallace & Associates as the Engineers of Work. Council previously approved a contract with Wallace and Associates for the design portion of the pro- ject. After passage of the Resolution of Intention the firm will present their estimate for the remaining engineering costs. • Council previously passed a resolution appointing Orrick, Herrington and Sutcliffe as Bond Counsel and has entered into an agreement with them, based on the sale of the bonds. A 0 0 This resolution also appoints Security Pacific Capital Markets Group as Bond Underwriter , said firm being previously approved by Council motion only. Resolution 68-86 establishes the proposed boundary of the assessment district. This boundary may decrease but cannot in- crease without repeating these proceedings. Resolution 69-8/f6is the resolution of intent which sets into action the required legal notices and affidavits and through the attached Health Officer ' s letter waives the 1931 protest Act proceeding. Additionally, the resolution sets the minimum maturity of serial bonds at 15 years and the maximum time at 20 years, maximum percentage to the reserve fund, the limit of 2-1/2% of the total assessment to be allowed for interest on the bonds, and 3-1/2% as the maximum bond discount rate. Addi- tionally, the resolution allows for a contribution from the City if Council so desires. (see discussion below) Discussion: Required public hearings will follow, therefore the Resolution of Intent is the beginning step, but not the last opportunity for citizen input prior to the protest hearing. Final action will be requested by Council in late October . A revised schedule will be forthcoming upon passage of the above resolutions. City Contribution: It is not uncommon for cities to make reasonable and just contributions to an improvement district project. The Engineer of Work has made an attempt to design the project in such a manner as to keep the construction costs as low as practicable. Addi- tionally, the City exempted the Cease and Desist areas that would be part of an assessment district from paying the new sewer charge and increased annexation fee, thus obligating these cases to an $850 annexation fee which was previously charged. Further contributions for the Council to consider are: (1) Pay for a portion of the lift station and force main on Traffic Way ($175, 000) which use may serve a resional purpose. (2) Engineering costs of approximately 8% of the construction and contingency costs (the exact amount of the con- tract to be negotiated at a later date) approximately $120,000 , (3) Further reduce the annexation fee - $850 X 359 parcels $305,150 for a #0 fee. However , this revenue was anticipated when the new fees were calculated and a loss of such revenue may require a future increase in fees. (4) Pay for lines within intersections where there is no frontage. 0 0 The drawbacks of any contribution would be the potential Is outcry from those who participated in former assessment dis- tricts, without any assistance from the City or Counci. The cir- cumstances, of course, were different then and any monteary fine to the ACSD due to the Cease and Desist Order would have to be paid from those monies in the sanitation fund that were con- tributed by the same people that may object to such con- tributions. Council is left to choose whether a contribution is appropriate or not. The minutes of the Marchant Way hearing re- flect that a contribution was made to Assessment District No. 3 up to a maximum of $50,000, including engineering and the cost of the assessment of the City-owned lot. The amount of City contribution on the proposed district could range from $0 to almost any reasonable and fair share, if such share is so justified. There cannot be any contribution to the work done on private property as this would constitute a gift of public funds. n . •� r' � 0 R-la • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 RESOLUTION NO. 66-86 RESOLUTION DETERMINING THAT THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS IS NECESSARY AS A HEALTH MEASURE WHEREAS, the District Health Officer has recommended in writing that the construction of the public improvements as therein described for the proposed City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) is a necessary health measure for the City of Atascadero, a copy of which recommendation is attached hereto and made a part hereof, labeled Exhibit A; and • WHEREAS, said recommendation was in writing, and has been ordered spread upon the minutes of the regular meeting of this City Council held on July 14, 1986; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Atascadero, as follows: All of the foregoing recitals are true and correct, and this City Council so finds and determines. It is hereby found and determined by this City Council that the necessity for the construction of the public improvements for the proposed City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) , as recommended by the District Health Officer does exist, and • T . • • this City Council so finds and determines and concurs in such conclusion of necessity and in such recommendation. This City Council hereby declares that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not be applicable to the proceedings hereinafter to be taken for the construction of said sanitary sewer improvements because the same are necessary as a health measure for the City of Atascadero. This finding and determination herein made shall be final and conclusive upon all persons. PASSED AND ADOPTED this 14th day of July, 1986, by the following vote: AYES: • NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES, City Attorney ROBERT M. JONES, City Attorney • • EXHIBIT "A" COUNTY OF SAN LUIS OBISPO u HEALTH AGENCY Department of Public Health 2191 Johnson Avenue • P.O.Box 1489 San Luis Obispo,California 93406 (805)549-5500 Reply to: Division of Environmental Health 549-5544 July 8, 1986 The Honorable City Council City of Atascadero 6500 Palma Avenue Atascadero, CA 93423 Re: Need for Sanitary Sewer Improvements for the Proposed City of Atascadero Improvement District No. 4 (Separado/Cayucos Project) I have had occasion to carefully consider the sewage need of the area of the . proposed City of Atascadero Improvement District No. 4 (Separado/Cayucos Project) , as such area is delineated on the map attached here to and incorporated herein as Exhibit A, and based upon the foregoing, it is my considered opinion and recom- mendation that construction of sanitary sewer improvements comprising (a gravity sewer interceptor system and sewage collection system throughout said area) substantially as described in the description of work prepared by John L. Wallace and Associates dated July 3, 1986 is- a necessary health measure for the City of Atascadero as referenced by the City of Atascadero on-site sewage disposal system survey of 1981 and the Central Coast Regional Water Quality Control Board Cease and Desist Order No. 81-60. Sincerely, G. M.D. City of Atascadero, Health Officer GBR:ks Attachment • • . R-1 • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 (SEPARADO-CAYUCAS ASSESSMENT DISTRICT) RESOLUTION NO. 67-86 RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND ISSUE BONDS IN SAID PROCEEDINGS UNDER THE PROVISIONS OF THE IMPROVEMENT BOND ACT OF 1915 WHEREAS, a letter has been duly Y filed b the District Health Officer with the City Council of the City of Atascadero (the "City" ) certifying that the acquisition and construction of the public improvements more particularly described in Exhibit A attached hereto and incorporated herein and made a part hereof, in the proposed City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) is a necessary health measure for the City; WHEREAS, this City Council has heretofore determined that said letter is sufficient as required by law; --- NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero that this Council declares its intention to • and determines to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of Atascadero, California, of said public improvements in and for an assessment district in the City designated "City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District). " PASSED AND ADOPTED this 14th day of July, 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES, City Attorney ROBERT M. JONES, City Attorney • . EXHIBIT A GENERAL DESCRIPTION OF WORK The work shall generally include the installation of: a sewage pump station near the intersection of Buena Avenue and Traffic Way; a force main along Traffic Way from near the intersection of Buena Avenue and Traffic Way to existing manhole T13, located approximately 1000 feet southeast along Traffic Way; a sewer main along Traffic Way from the intersection of Traffic Way and San Jacinto to the proposed pump station near the intersection of Buena Avenue and Traffic Way; a sewer main along San Jacinto from near the intersection of Dolores Avenue and San Jacinto to Traffic Way; a sewer main along Mananita Avenue from Dolores Avenue to Estrada Avenue; a sewer main along Yerba Avenue from Estrada Avenue to Dolores Avenue; a sewer main along Dolores Avenue from Yerba Avenue to Mananita Avenue; a sewer main from Yerba Avenue to Mananita Avenue along a proposed easement to be located between Mananita Avenue and Yerba Avenue; sewer mains along proposed easements located between Mananita Avenue and Yerba Avenue, along proposed easements located between San Jacinto Avenue and Mananita Avenue, and along proposed easements between Arizona Avenue and Estrada Avenue; a sewer main along . Arizona Avenue from Estrada Avenue to San Jacinto; a sewer main along Estrada Avenue from near the intersection of Estrada Avenue and Arizona Avenue to San Jacinto; a sewage pump station near the intersection of Arizona Avenue and Estrada Avenue; a sewer force main along Estrada Avenue from the proposed pump station near the intersection of Arizona Avenue and Estrada Avenue to a proposed manhole located approximately 600 feet south along Estrada Avenue. also The work shall,, generally include the installation of: a sewer main along Rosita Avenue from San Anselmo Avenue to Nogales Avenue; sewer mains along proposed easements located between Rosita Avenue and Lobos Avenue; a sewer main along Lobos Avenue from San Anselmo Avenue to Nogales Avenue; a sewer main along Hermosilla Avenue from near the intersection of Lobos Avenue and Hermosilla Avenue southwest to the end of the existing sewer in Hermosilla Avenue; a sewer main from near the intersection of Cayucos Avenue and Lobos Avenue southwest along Cayucos Avenue to the end of the existing sewer in Cayucos Avenue; a sewer main extending from the existing sewer located at the intersection of Lobos Avenue and Nogales Avenue along Lobos Avenue to Encima Avenue and to the end of Encima Avenue; a sewer main along San Anselmo Avenue from E1 Camino Real to Rosita Avenue; a sewer main along Cayucos Avenue extending from San Anselmo Avenue approximately 160 feet east of San Anselmo Avenue; and a sewer main in an existing easement located between Lobos Avenue and Cayucos Avenue. 1 • EXHIBIT A - CONTINUED The work listed above shall include all of the necessary appurtenances including but not limited to: the installation of manholes, cleanouts, minor sewer extensions and sewer services; the necessary mobilization, clearing and grubbing, excavation, shoring, dewatering, importation of graded material, compaction, testing, roadway surfacing and marking, and completing the necessary ties to existing or new facilities; the acquisition of easements and necessary interests in real property, demolition or removal of existing improvements, clearing and grubbing, the replacement of existing improvements following construction (including but not limited to revegetation, fencing, retaining walls, driveways, sidewalks, mailboxes and landscaping) , the installation of new drainage facilities to replace facilities removed during construction and the relocation or replacement of utilities damaged or displaced during construction; the installation of pump station appurtenances, wet wells, pumps, piping, electrical services control panels, valves and fixtures, and water services. 2 • R-2 • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 (SEPARADO-CAYUCAS ASSESSMENT DISTRICT) RESOLUTION NO. 68-86 RESOLUTION APPOINTING ENGINEER OF WORK, BOND COUNSEL AND BOND UNDERWRITERS WHEREAS, in accordance with prior proceedings duly had and taken, the Council of the City of Atascadero has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of Atascadero, California, (the "City" ) of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) ; " and --- . WHEREAS, the public interest, necessity, convenience and general welfare will be served thereby; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. The firm of John L. Wallace & Associates of San Luis Obispo, be and such firm is hereby appointed Engineer of Work in said proceedings, and such firm is hereby authorized and directed to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment • district, an assessment diagram, and an assessment, and .in accordance with that certain Agreement for Engineering Services constituting Exhibit B, attached hereto and incorporated herein and made a part hereof. Section 2 . The firm of Orrick, Herrington & Sutcliffe be, and such firm is, hereby appointed Bond Counsel in said proceedings, in accordance with that certain Letter Agreement constituting Exhibit C, attached hereto and incorporated herein and made a part hereof and the • 2 041003-0001-198-455ld • • • appropriate officials of the City and authorized to execute said agreement for and on behalf of the City. Section 3. The firm of Security Pacific Capital Markets Group is hereby appointed as Bond Underwriter, in accordance , with that certain Agreement constituting Exhibit D, attached hereto and incorporated herein and made a part hereof. PASSED AND ADOPTED this 14th day of July, 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: • BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES, City Attorney ROBERT M. JONES, City Attorney 3 041003-0001-198-455ld ►M"� ' •d•• - 'p' •ea —wr NVS IV �, �.. ,•ice � 1 .� �� 3 E '» ! " 0, 1N3W0 3WV p' r t , 4` • O ' j JO+4• » � � •d�� N3WpN3Wy :' , O r © .. °n ON pO ` •p p p, t oa p. s •O 3 O �i a � Fi4+v— rr H i• Q. t ♦ J / �, ® •• a `a.pee .0 ~ O/' .,{�� •• ,,Oy ' s• -� '��x 1,•• Zvi EZ , 3 u a' ,•• v� i t ; y O i •�f O. p cp1 ao 1 O .10 I` p♦�. M' O � H a------ - 0 " s La I o z o 5 is • = Off: a p • sp�a®> ° u m 7,W O � O W I ;l1 O J 1 W sKY O s p 1 �` 1 ' • o N = a 3.r .rwane p ---••----------- vi Cl. z z D a a w o°o 1 z tq� i ui i 1 i m 7O O so O ` c 3 i Y = 2 0�0RES o •_ ' - o' ! > + Q ..................... it It i 1 1`, 1 ' S 3� , O •!` L j I•, i M ! u {T • EXHIBIT A GENERAL DESCRIPTION OF WORK The work shall generally include the installation of: a sewage pump station near the intersection of Buena Avenue and Traffic Way; a force main along Traffic Way from near the intersection of Buena Avenue and Traffic Way to existing manhole T13, located approximately 1000 feet southeast along Traffic Way; a sewer main along Traffic Way from the intersection of Traffic Way and San Jacinto to the proposed pump station near the intersection of Buena Avenue and Traffic Way; a sewer main along San Jacinto from near the intersection of Dolores Avenue and San Jacinto to Traffic Way; a sewer main along Mananita Avenue from Dolores Avenue to Estrada Avenue; a sewer main along Yerba Avenue from Estrada Avenue to Dolores Avenue; a sewer main along Dolores Avenue from Yerba Avenue to Mananita Avenue; a sewer main from Yerba Avenue to Mananita Avenue along a proposed easement to be located between Mananita Avenue and Yerba Avenue; sewer mains along proposed easements located between Mananita Avenue and Yerba Avenue, along proposed easements located between San Jacinto Avenue and Mananita Avenue, and along proposed easements • between Arizona Avenue and Estrada Avenue; a sewer main along Arizona Avenue from Estrada Avenue to San Jacinto; a sewer main along Estrada Avenue from near the intersection of Estrada Avenue and Arizona Avenue to San Jacinto; a sewage pump station near the intersection of Arizona Avenue and Estrada Avenue; a sewer force main along Estrada Avenue from the proposed pump station near the intersection of Arizona Avenue and Estrada Avenue to a Proposed manhole located approximately 600 feet south along Estrada Avenue. 0 The work shall generally include the installation of : a sewer main along Rosita Avenue from San Anselmo Avenue to Nogales Avenue; sewer mains along proposed easements located between Rosita Avenue and Lobos Avenue; a sewer main along Lobos Avenue from San Anselmo Avenue to Nogales Avenue; a sewer main along Hermosilla Avenue from near the intersection of Lobos Avenue and Hermosilla Avenue southwest to the end of the existing sewer in Hermosilla Avenue; a sewer main from near the intersection of Cayucos Avenue and Lobos Avenue southwest along Cayucos Avenue to the end of the existing sewer in Cayucos Avenue; a sewer main extending from the existing sewer located at the intersection of - Lobos Avenue and Nogales Avenue along Lobos Avenue to Encima Avenue and to the end of Encima Avenue; a sewer main along San Anselmo Avenue from E1 Camino Real to Rosita Avenue: a sewer main along Cayucos Avenue extending from San Anselmo Avenue approximately 160 feet east of San Anselmo Avenue; and a sewer • main in an existing easement located between Lobos Avenue and Cayucos Avenue. 1 • EXHIBIT A - CONTINUED The work listed above shall include all of the necessary appurtenances including but not limited to: the installation of manholes, cleanouts, minor sewer extensions and sewer services; the necessary mobilization, clearing and grubbing, excavation, shoring, dewatering, importation of graded material, compaction, testing, roadway surfacing and marking, and completing the necessary ties to existing or new facilities; the acquisition of easements and necessary interests in real property, demolition or removal of existing improvements, clearing and grubbing, the replacement of existing improvements following construction (including but not limited to revegetation, fencing, retaining walls, driveways, sidewalks, mailboxes and landscaping) , the installation of new drainage facilities to replace facilities removed during construction and the relocation or replacement of utilities damaged or displaced during construction; the installation of pump station appurtenances, wet wells, pumps, piping, electrical services control panels, valves and fixtures, and water services. • • 2 John Wa la e & Assoc. f ,G� SECTION V CONSULTANT 'FEES AND PROJECTED BUDGET (Expanded to Include Additional Areas - Separado Avenue) Fee Schedule and Related Costs The following is an integrated fee schedule for John L. Wallace and Associates and the contract consultants for the level of personnel anticipated to be used on the study. Classification Hourly Rate _ Technical Consultant $60.00 Principal 45.00 Registered Civil Engineer 37.50 Associate Civil Engineer 32.50 Inspector 27.50 Draftsman 25.00 Engineering Aide 20.00 Survey Crew - Two Man Party 75.00 Survey Office - Calculations & Mapping 35.00 Secretarial 15.00 In addition to the hourly rates shown above, direct expenses incurred for work and services provided will be billed at actual costs plus 15%. Such items include, but are not limited to: - additional insurance coverage if required by the client or other agencies, - automobile at $0.25 per mile, - lodging and meals, postage, - cost for outside consultant contracts when administered through JLWA, - materials required for the fob and used in drafting and allied activities, including printing and reproduction costs. Project Budget . Based upon the tasks identified in Section 3 and the level of personnel anticipated to be assigned to the project, the following preliminary amounts are recommended to be budgeted for this project. This cost estimate may be revised at the time of consultant selection and contract negotiations for outside services to be furnished by the consultant. Other items to be clarified at that time would include the City furnished services, mentioned in the preceding section dealing with the Scope of Work. In addition, the City may want to revise the scope of work to include a broader area within the proposed assessment districts because of the present situation with the proposed boundaries lying along street center lines. Design Phase 1. Sanitary sewer and lift station design for areas "C" and "E" (including Separado Ave. ) 27,000 2. Assessment District Engineering including: -assessment district legal descriptions -boundary maps ,-assessment diagrams preliminary and final cost estimates engineer's report -public hearings 9,100 3. Project Specifications and Contract Documents 4,700 4. Soils Engineering borings 5,500 5. Aerial topographic mapping including ground control 11,250 6. Direct costs including reproduction and mapping costs 1,050 TOTAL $58,600 Cost Estimate Bidding and Negotiations Phase 1. Prebid activities including: -distribution of plans and specs -answer questions during bid period 850 2. Receive bids and prepare for award including: -bid analysis -review bidders background -review insurance, bond forms 400 TOTAL 1,250 Construction Phase Costs - Contract, Administration* Because the extent of the project is unknown at this time, - contract administration costs and construction staking would be based on time and materials charges in accordance with the Consultant's fee schedule. Construction Phase Costs - Inspection+ Because the extent of the project is unknown at this time and because the City may wish to provide some inspection and soils testing services, the consultant's services would be charged in accordance with the Consultant's fee schedule. A preliminary estimate for compaction testing of trench backfill is estimated , to be $1700. *A firm proposal for a not to exceed fee could be provided at the time the projects' boundaries are determined, and will be included in the summary of costs in the Engineer's Report for the purposes of levying assessments. SUMMARY Design Phase Design Costs 27,000 Assessment District Engineering 9, 100 Specifications 4,700 Direct Costs 1,050 41,50 Soil Borings 5,500 Aerial Mapping and Ground Control 11,250 58,600 Bid Phase 1,250 TOTAL 59,50 Construction Phase To be determined when boundries of Districts are known. EXHIBIT C LAW OFFICES ORRICK, HERRINGTON & SUTCLIFFE . 600 MONTGOMERY STREET SAN FRANCISCO,CALIFORNIA 94111 TELEPHONE (415)392-1122 TELECOPIER (415) 954.3759 TELEX 70.3520 NEW YORK.NEW YORK 10036 SAN JOSE.CALIFORNIA 95113 SACRAMENTO,CALIFORNIA 95814 LOS ANGELES.CALIFORNIA 90017 1211 AVENUE OF THE AMERICAS SS ALMADEN BOULEVARD SSS CAPITOL MALL 444 SOUTH FLOWER STREET TELEPHONE (212)704.9660 TELEPHONE (408)298.8800 TELEPHONE (916)447-9200 TELEPHONE(213)624-2470 May 2, 1986 Robert M. Jones, Esq. City Attorney City of Atascadero P.O. Box 606 Atascadero, California 93423 Re: Bond Counsel Services Dear Mr. Jones: - This letter is in response to your request for information about our firm and our experience in the area of assessment district financing. This letter first describes Orrick' s general public finance experience and then the firm' s particular assessment financing experience. The letter then outlines separately personnel assignments, services to be rendered and our fees. 1. FIRM DESCRIPTION Orrick, Herrington & Sutcliffe is engaged in the general practice of corporate, municipal and commercial law. The origins of the firm can be traced back to 1863 when its earliest predecessor firm was organized to represent the San Francisco Bank, a major bank that was later to become United California Bank (now First Interstate Bank of California) . Historically, the principal specialities of the firm have been in the corporate and public finance areas. The firm' s specialities have developed, however, to include a full range of counseling and litigation services. —" The firm presently has a staff of over 190 attorneys. The main offices are located in San Francisco • t, 0 0 ORRICK, HERRINGTON S SUTCLIFFE • with branch offices in Sacramento, Los Angeles, San Jose and New York. The firm' s practice is organized into the following departments Public Finance and Energy and Environmental Municipal Law Regulation Corporate Securities and Governmental Affairs General Business Labor and Employment Real Estate Practices Taxation Personal Estates and Probate Litigation, Antitrust and Trade Regulation While the departments are generally separate, several groups have been formed with attorneys from more than one department in order to more effectively service certain areas, such as the public power and solid waste/privatization groups which are composed of attorneys from the public finance, energy and environmental regulation and antitrust departments and the housing finance group which is composed of public finance, real estate, tax and corporate attorneys. Public Finance Department Orrick is one of relatively few law firms with a national reputation for expertise in public and municipal finance matters, and as such the firm' s legal opinions concerning the validity of the issuance of bonds and the tax-exempt status of interest on bonds are accepted throughout the country. Orrick has practiced in this area for over 80 years. Orrick is the premier bond counsel firm in California and is among the top few in the country. The public finance department presently consists of 49 attorneys and 16 paralegals, the largest such department in the State. Of these attorneys, seven are- located in our Los Angeles office, two in Sacramento, thirteen in New York and the balance in San Francisco. Orrick served as bond counsel on approximately 290 completed financings, involving approximately $13 .2 billion in 1985 . According to statistics compiled by the Public Securities Association, Orrick ranked second in the country among bond counsel firms in both number and dollar amount of publicly underwritten financings for which it served as bond counsel in 1984 and 1985 . Although 2 ORRICK, HERRINGTON & SUTCLIFFE • the largest issue for which Orrick served as bond counsel during the past couple of years was $2, 300,000,000 in principal amount, a substantial number were less than $5,000,000. The firm serves as bond counsel for the State of California and California state agencies with the power to issue bonds, numerous cities, redevelopment agencies, housing authorities, parking authorities, industrial development authorities, joint powers authorities, water agencies and a variety of special districts and special purpose nonprofit corporations. Major projects for which Orrick has served as bond counsel include the Golden Gate Bridge, the George Moscone Convention Center, BART, Candlestick Park, Rancho Seco Nuclear Power Plant and the California State Water Project. Orrick' s public finance attorneys have substantial experience with respect to virtually every type of municipal security, including general obligation bonds, assessment bonds, tax increment bonds, sales tax bonds, revenue bonds (for housing, industrial and commercial development, Pollution control, water, wastewater treatment, sewage treatment, solid waste, power, alternative energy, student loans, health care, parking, educational, airport, port and other revenue producing projects, programs, loans, leases and installment sales) , refunding bonds, tax, revenue, grant and bond anticipation notes, commercial paper, variable rate demand notes, put bonds, certificates of participation in financing leases or installment sale contracts, leverage leases and sale/leasebacks. Orrick' s public finance attorneys are also credited with creating a number of well-known financing techniques, including California charter city financing for nonpublic improvements, residential rehabilitation financing in California, combining sale/leasebacks of municipal facilities (such as the Oakland Museum) with the issuance of bonds to finance other facilities, certificates of participation in leases or annuity contracts to fund unfunded pension liabilities, the nameplate capacity theory of structuring power revenue bonds involving sale of power to investor owned utilities, variable rental lease financings, use of tender --- options in connection with single family housing bonds, compound interest bonds, the senior/subordinate bond structure used in connection with single family housing bonds to solve certain arbitrage limitations imposed by the i 3 ORRICK, HERRINGTON & SUTCLIFFE • Mortgage Subsidy Bond Tax Act of 1980 or otherwise to differentiate and improve the rating of the senior bonds, solar home improvement loans, FNMA collateralized multifamily housing bonds and several other programs and innovations. In addition, Orrick has frequently been called upon to draft or otherwise assist in the enactment of legislation to permit or facilitate particular financing techniques. Several Orrick attorneys are among the very small number of public finance attorneys in the country with a national reputation for expertise in federal tax questions relating to municipal bonds. In addition, they comprise what is probably the largest, most able and highly regarded group of arbitrage lawyers in the country. Recently, their tax work has opened the door to three year unlimited arbitrage investment of the proceeds of tax-exempt commercial paper and to the recovery out of arbitrage profits of fees for letters of credit and similar credit enhancement devices used in connection with a number of different types of tax-exempt debt. They also are able to perform computer arbitrage calculations and to offer certain issuers guidance with respect to arbitrage compliance both for and apart from any particular series of bonds. In addition to acting as bond counsel, Orrick also acts as underwriters' counsel, issuers' counsel, special tax counsel, trustee' s counsel, company counsel, credit provider counsel and lenders' counsel in connection with the issuance of tax-exempt bonds. During the past two years, for example, Orrick acted as underwriters' counsel on one or more bond issues for virtually every national and many regional investment banking firms and a number of major commercial banks. Although the bulk of Orrick' s public finance practice has traditionally been in California, the firm regularly (and, especially since the opening of its New York office in August 1984, increasingly) acts as bond counsel or underwriters' counsel outside of California. For example, Orrick has served as bond counsel in Alabama, Alaska, Arizona, Colorado, Florida, Hawaii, Guam, Idaho, Indiana, Iowa, Michigan, Montana, Nevada, Northern Mariana Islands, Oregon, Tennessee, Texas, Utah and Washington, and as --- underwriters' counsel in almost two-thirds of the states. 4 0 ORRICK, HERRINGTON & SUTCLIFFE • Municipal Law Practice In addition to bond counsel services, Orrick also serves as general counsel to a number of public entities. In connection with its litigation and labor practice, the firm counsels public entities and others in various municipal law matters, including activities presenting eminent domain, redevelopment, real estate, environmental, antitrust, labor, pension, civil rights and constitutional issues. Also, in the face of California' s increasingly complex legislative and regulatory environment, a separate governmental affairs department was formed a couple of years ago and is headquartered at the firm' s Sacramento office. That department advises clients as to current legislative and regulatory developments, drafts and shepherds legislation through the legislative process, counsels on federal and state campaign and election law matters and lobbies on a variety of legislative, administrative and regulatory matters. 11. SPECIAL ASSESSMENT FINANCING EXPERIENCE We have had extensive experience acting as bond counsel on assessment district financing in California, from • San Bernardino County to Del Norte County and from the Bay Area Counties to Inyo County, including among others the Counties of San Bernardino, Kern, Fresno, San Francisco, San Mateo, San Luis Obispo, San Joaquin, Monterey, Santa Cruz, Marin, Humboldt, Del Norte, Placer, E1 Dorado and Inyo and the Cities of Folsom, Modesto, San Jose, Millbrae, and San Leandro (together with numerous projects in Reno and Sparks, Nevada) . Ongoing bond counsel relationships include the cities of Stockton, Modesto, San Leandro, San Jose, Folsom and Reno and Sparks, Nevada; the Counties of Sacramento, Fresno, Inyo and San Luis Obispo and the Fresno Metropolitan Flood Control District. As bond counsel, we have been directly involved in numerous policy review sessions concerning the use of assessment district financings of public improvements and the establishment of procedures -in connection therewith. We were recently engaged by the Board of Supervisors of Sacramento County to be counsel for all future assessment proceedings to be conducted by the County. On the basis of such experience, we can provide substantial assistance to the City in reviewing and developing overall assessment district financing policies and procedures, in addition to carrying out financings for which policies are already established. • 5 0 0 ORRICK, HERRINGTON & SUTCLIFFE In addition to serving as bond counsel for assessment district financings under the 1911, 1913, 1915 and 1951 Acts, we have served as bond counsel in recent years in connection with warrants secured by assessments issued by irrigations districts, community services districts, county water districts and county water agencies. In addition to numerous parking assessment district financings, we have served as bond counsel in connection with bonds secured by benefit assessments issued by every one of the eight water storage districts in California. We are intimately familiar with all aspects of securities law disclosure requirements, and thus can assist the City in assuring that any official statements or other publicly distributed documentation concerning assessment bonds comply with such laws. We were among the leaders in organizing the California Assessment Bond Underwriters Association (the only statewide organization relating to assessment financing) , having conducted the negotiations and prepared the articles of incorporation and by-laws for such association. We have maintained our special relationship with this association, being the lead draftsman, in conjunction with the association and the Public Securities Association, for bond legislation • concerning the 1911, 1913, and 1915 Acts. In 1970, we approved the issuance of $3,010, 869.97 principal amount of Improvement Bonds, County of San Luis Obispo, Atascadero Assessment District No. 1. The validity of these bonds was challenged under the so-called "one-man, one-vote" principle, and the validity of the issue was upheld in the landmark decision of O'Keefe v. Atascadero County Sanitation District, 21 Cal. App. 3d 719 (1971) . Finally, it should be noted that our office initiated and handled the two major recent test cases supporting the use of assessment bond financing in California. These cases were County of Fresno v. Malmstrom, 94 Cal. App. 3d 974 ( 1979) and County of Placer v. Corin, 113 Cal. App. 3d 443 (1980) . A list of our recent assessment financing experience is attached hereto as Appendix A. A list of representative references is attached hereto as Exhibit B. • 6 ORRICK, HERRINGTON & SUTCLIFFE • III. EXPERIENCE IN SAN LUIS OBISPO COUNTY AND SURROUNDING REGION Our firm has experience working as bond counsel on assessment district financings in the County of San Luis Obispo as early as 1926. These financings include approximately eight assessment bond transactions issued by either the City of San Luis Obispo or the County of San Luis Obispo going back only as far as 1960. Carlo Fowler worked as the lead, responsible attorney on nearly all of these assessment issues. Further information about and a detailed list of these assessment transactions can be provided, should you so desire. In addition to assessment transactions, Orrick has worked as bond counsel on other types of financings in San Luis Obispo County including short-term revenue transactions, school district revenue and general obligation bonds and water revenue bonds. IV. PERSONNEL; SERVICES Subject to approval by the City, we would expect to assign the following attorneys to the City' s financing program: Carlo S. Fowler and Antonia Dolar. Primary overall • responsibility for the financing program on behalf of the firm would be taken by Carlo S. Fowler, who has been a partner in the firm for eighteen years and has practiced exclusively in the area of municipal finance law during that time, with extensive experience in special assessment financing, revenue bond financing, lease financing and water and public power financing. Ms. Dolar is a senior associate in the firm' s public finance department and would be expected to do a substantial portion of the work involved in the program, but would at all times work under the close supervision of Mr. Fowler. Ms. Dolar is located in the firm' s San Francisco office. Brief resumes for these attorneys follow. Carlo S. Fowler, born New York, N.Y. , 1932; admitted to bar, 1960, California. Education: Yale University (B.E. , 1954) ; Harvard University (LL.B. , 1959 ) . Law Clerk to Hon. Gilbert H. Jertberg, U. S. Court of Appeals, Ninth Circuit, 1959-1960. Antonia Dolar, born Kelkheim, Germany, 1947; admitted to bar 1983 , California. Education: Sonoma State University (B.A. , 1972 ) ; University of California, Berkeley (M. S.W. , 1975) ; University of San Francisco (J.D. , 1983 ) . Editor-in-Chief, U. S. F. Law Review. Ms. Dolar has worked on • various assessment proceedings for the San Joaquin County 7 ORRICK, HERRINGTON & SUTCLIFFE • cities of Modesto, Millbrae, San Leandro and other cities. She is currently working on assessment district financings for the City and County of San Francisco and for the County of Sacramento. Our services in the capacity of special bond counsel to the City would include the rendering of all legal services required in the conduct of the special assessment proceedings and the issuance of bonds therein, including: (1) Consultation with appropriate representatives of the City, including the City Attorney, and with the City' s engineers and underwriter and any other special consultants to the City to assist in the formulation of an overall coordinated financial, engineering and legal program in order to accomplish the financing. (2) Preparation of a timetable setting forth the actions required to accomplish the financing, including allocation of responsibility therefor. (3) Preparation of all legal proceedings for the formation of the assessment district and the levy of the . assessment therein, including preparation of all necessary resolutions, forms, notices, affidavits and other documents (except those to be prepared by the engineers) required in connection with the levy of the assessment. (4) Review of certain documents to be prepared by the engineers, including the plans and specifications for the project, the boundary map of the assessment district, the assessment, the assessment diagram and the Engineer' s Report, and advice and assistance in connection therewith. (5) Review of any environmental impact studies, reports or other proceedings, but we would not be responsible for the preparation or content of such documents. (6) Attendance at the public hearing or hearings on the assessment to be levied in said proceedings and the rendering of assistance thereat in the conduct of such hearing or hearings, and attendance at such other meetings or hearings as shall be deemed necessary for the proper conduct of the proceedings; but we would not anticipate general appearances before each meeting of the City Council. (7) Rendering of legal advice to the City and the City Attorney and the City' s consulting engineers and any • 8 ORRICK, HERRINGTON & SUTCLIFFE • other special consultants to the City throughout the course of the proceedings for the levy of the assessment. (8) Preparation of all legal proceedings for the authorization, issuance and sale of the improvement bonds in said proceedings upon the unpaid assessments, including preparation of the resolution authorizing the issuance of such bonds and setting forth the terms and conditions thereof and the resolution providing for the sale of the bonds. (9) Review, as to those matters that are related to the issuance .and sale of the bonds, of the official statement describing the bonds to be prepared by the underwriter, and participation in meetings reviewing the official statement describing the bonds; but we would not be responsible for the preparation or content of such document. (10) Preparation of the documents required in connection with the award of the bid for the construction of the project. (11) Assistance in connection with securing investment ratings for the bonds, including attendance at and . participation in meetings with bond rating agencies, if requested. (12) Examination of the proofs of the bonds, preparation of the final closing papers required to effect the delivery of the bonds and organization of and attendance at the bond closing. (13) The rendering of a final approving legal opinion on the validity of the bonds and the tax-exempt status of interest thereon, and the rendering of such other legal opinions as may be appropriate in connection with the delivery of and receipt of payment for the bonds. Our services would not include representation of the City in any eminent domain proceedings or in any litigation challenging the validity of the proposed financing or the transactions contemplated by this letter, but if such services are requested should such circumstance arise, we would be pleased to perform them on such terms as might be - mutually agreed to at that time. -_ It is understood that we would act as special bond counsel to the City in connection with such proposed financing in consultation with the City Attorney; and that • all matters to be submitted to the City Council for 9 0 ORRICK, HERRINGTON & SUTCLIFFE • consideration would be forwarded by us to the City Attorney for review prior to presentation to the City Council. V. FEES Our fees for the above outlined services would be computed on the basis of the total assessment levied in each of said proceedings and would be calculated on the basis of two per cent (2%) of the first one million dollars ($1,000,000) of the assessment levied, to be reduced to one per cent (1%) of the next one million dollars ($1,000,000) of the assessment levied and one-half of one per cent (1/2 of 1%) of the assessment levied in excess of two million dollars ($2,000,000) , plus reimbursement for all out-of-pocket expenses incurred in connection therewith; provided that all costs of bond printing shall be paid for as an incidental expense in said proceedings and not included within the above compensation. Such compensation would be contingently payable only following receipt of the proceeds of the sale of the improvement bonds issued in said proceedings. V1. CONCLUSION . We believe that Orrick, Herrington is uniquely well qualified to act as bond counsel for the City' s assessment proceedings. We feel that we would bring the following distinctive qualities to the program: 1. A national reputation placing us among the top few bond counsel firms in the country and clear recognition as the first-ranking firm in California. Our opinion will be unhesitatingly accepted by underwriters and rating agencies. 2 . The amount and diversity of our experience, as described herein, make it more likely that we would be familiar with a range of financial alternatives and their legal consequences that the City might wish to consider and that we would be able to structure the legal aspects of the financing in the most straightforward and least burdensome fashion to achieve the City' s objective. 3 . A commitment to thorough and innovative legal work, reasonable cost, care that the substance and mechanics of the financing work as intended and that the interests of the City are served and protected. 10 0 0 ORRICK, HERRINGTON & SUTCLIFFE • We enjoyed the opportunity to meet with you and other members of the City Staff earlier this week and to present our qualifications and to learn more about the project. If there are any matters in this letter which require further amplification, please do not hesitate to contact us. We would look forward to working with you on this project. Respectfully submitted, ORRICK, HERRINGTON & SUTCLIFFE By Antonia Dolar May 12, 1986 ATTEST: CITY OF ATASCADERO ROBERT M. ROLFE NEL ON City Attorney Mayor APPROVED AS TO FORM: ROBERT M. JONES, City Attorney Z D AS TO CONTENT: M. JONES City Attorney -- 11 ` • . EXHIBIT D Security Pacific Capital Markets Group • Public Finance 300 South Grand Avenue,8-211•21st Floor Los Angeles,California 90071•Telephone(213)229-1440 May 9, 1986 Mr. David Jorgenson Finance Director City of Atascadero 6500 Palma Avenue Atascadero, California 93423 Dear Mr. Jorgenson: Security Pacific Capital Markets Group proposes to provide investment banking services for the City of Atascadero in connection with • the financing of sewer improvements for two or possibly three non-contiguous areas of the City. It is our understanding that the aggregate size of this financing will be approximately $1.5 million. Security Pacific Capital Markets Group will provide all investment banking services to the City of Atascadero, including, but not limited to financial analysis and feasibility review of the sewer improvement project , preparation of debt service schedules and determination of the components of the issue size, preparation of the disclosure statement , coordination of all parties involved in the financing , including bond counsel and other outside consultants, arrangement for trust or paying agent services, and the sale of bonds and delivery of the funds. Our fee for these services is contingent upon the successful sale of the bond issue. Our fees will be paid out of the proceeds of the issue and will be represented by a discount. These fees will not exceed 3% of the issue size . We currently anticipate, based on our discussion, that our fee will be 2 . 75%. We will commit to this fee provided that the financing does not become more complicated than we currently anticipate. In addition, the discount includes the cost of travel for Security Pacific professionals to Atascadero for meetings as requested by the City, and travel expenses to San Francisco as required for the closing of the issue and other document review sessions which may be held in bond counsel offices . We will also evaluate the benefits and costs of credit . enhancement or other approaches to the financing and provide appropriate computer support. CDi,u ry P,c 'C . e �?W ,NK • Mr. David Jorgenson May 9, 1986 continued Other expenses which will be incurred by the City but are not included in the above discount include the cost of bond counsel , the cost of trustee or paying agent services, the cost of printing the official statement and the bonds , the reporting fee for the California Debt Advisory Commission , the cost of hiring other outside consultants, including engineering consultants, and any costs the City incurs in connection with holding public hearings and providing property owners with notices. We look forward to serving the City of Atascadero. If you desire to begin work on this assessment bond project as proposed by Security Pacific Capital Markets Group, please so indicate by your endorsement below. • Sincerely, William E. Straw Vice President May 27, 1986 City .of At�asdadero NiLFE NELSON Mavor • • R-3 • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 (SEPARADO-CAYUCAS ASSESSMENT DISTRICT) RESOLUTION NO. 69-86 RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT WHEREAS, in accordance with prior proceedings duly had and taken, the Council of the City of Atascadero has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of Atascadero, California, of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) ; " and i WHEREAS, this Council, by resolution duly adopted, appointed the firm of John L. Wallace & Associates, as Engineer of Work in said proceedings and authorized and directed such firm to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment; and WHEREAS, said Engineer of Work has submitted to this Council a map entitled "Proposed Boundaries, City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) , County of San Luis Obispo, State of California" indicating the proposed boundaries of said assessment district, a copy of which map is attached hereto and labeled Exhibit B; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero that said map be, and the same is hereby approved by this Council as the map of the proposed boundaries of said assessment district. 2 041003-0001-198-4551d • PASSED AND ADOPTED this 14th day of July, 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: • ROBERT M. JONES, City Attorney ROBERT M. JONES, City Attorney t 1M••e ' � d - � �A •eA —Wr NYS • � ••. dd � w� � �. 1N3W0 3WV O .� n r� aN •Q A ♦ •,� Q .i� Z a a�O M ' fir._ , O AD O 7 �» o •• : J19 10 r E) O 'd.• N3WON3Wy 0 4 t ON Q O+ 0 0 e '^• j •r•. a of i ~=•~ •• O RQ/ 1.01 1 • �j �l '� y� � •N IM. « 4 O•N1 P, ,� •d OC �N• "�• N �• . 00 p, © O ©7 , Ol - � `a� h.�, dl' OQ v PD •,O c w 1 'p,Q p = ` �. ,•A •�'�w d• / �V ,; op :•wO y pn 'vE• i 4 aO •}O1' ♦ r )) d �•,�p ,�%.®` � .O � a vLD1�, y N M a, 7 N t ,iw W it• a Q. 2 ul O • •. Vqa / 'NO. O '� f '� p ,• _ ' Q �i IO �Q MO I` ,,�`�'O a, N O c 8 B ;d ��� •I W t ; 8 • ' r f Q 1� q � y , H E. rq - p I o z z A W 5 r !' C'y ; 5 1 0 R-4 • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 (SEPARADO-CAYUCAS ASSESSMENT DISTRICT) RESOLUTION NO. 70-86 RESOLUTION OF INTENTION WHEREAS, in accordance with prior proceedings duly had and taken, the City Council of the City of Atascadero (the "City Council" ) has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of • Atascadero (the "City" ) of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) " ; and WHEREAS, the City Council, by resolution duly adopted, appointed the firm of John L. Wallace & Associates, as Engineer of Work in and for said proceedings and authorized and directed said firm to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of • the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment, and the supervision of the work; and WHEREAS, the public interest, necessity, convenience and general welfare will be served thereby; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: 1 . The foregoing recitals are true and correct and this City Council so finds and determines. 2 . The public interest, necessity, convenience and general welfare require the acquisition and construction of the improvements hereinafter described in and for the iassessment district hereinafter described. 3 . It is the intention of this City Council to order the foregoing public improvements to be made in and for the City in an assessment district designated "City of Atascadero Improvement District No. 4 (Separado-Cayucas Assessment District) , " the exterior boundaries of which are hereinafter specified and described in Section 4 hereof, which such improvements shall be made pursuant to the Municipal Improvement Act of 1913 . It is the further intention of this City Council to enter into an agreement with the Atascadero Sanitation District (the "District" ) pursuant to which title to certain improvements which are now owned, managed, 2 • controlled or operated by the District will be transferred to the City of Atascadero. 4. It is the intention of this City Council to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Division 4, Part 7 . 5 of the Streets ,-and IVA Highways Code. 5 . PThe City ounl hereby declares that the territory within the boundaries hereinafter specified and described is the assessment district to be benefitted by said acquisitions and improvements and to be assessed to pay the cost and expenses thereof; that the cost and expenses of said acquisitions and improvements( less any contributions by the tCity) shall be made chargeable upon said assessment district; and that the exterior boundaries of said assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk of the City approved by Resolution No. 69-86 adopted by the City Council on July 14, 1986, entitled "Proposed Boundaries, City of Atascadero, of Improvement District No. 4, (Separado-Cayucas Assessment District) , County of San Luis Obispo, State of California, " which said map indicates by a boundary line the exterior boundaries of the territory included in said assessment district and shall govern for all details as to the extent of said assessment district. 3 • 6. All publicly-owned property and all public streets, alleys, easements and rights-of-way shall be omitted from the assessment to be made to pay the cost and expenses of said improvements. 7. The City Council hereby determines and notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at a rate not to exceed the maximum rate permitted by law, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of the bonds shall mature a minimum of fifteen (15) years and a maximum of twenty (20) years from the 2nd day of September next succeeding 12 months from their date. The City Council hereby further determines and notice is hereby further given that the principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, which annual aggregate amounts may vary one from another in amounts not exceeding in any year more than five per cent (5%) of the total principal amount of the bonds; except for the moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable 4 • on the bonds. The City Council hereby further determines and notice is hereby further given that such bonds may be refunded upon determination by resolution of the City Council to do so, provided, there will be a reduction in the interest cost to maturity by reason of the refunding of such bonds, and that the refunding bonds shall bear interest at a rate not to exceed the maximum rate permitted by law and shall have a maximum number of years to maturity not in excess of the term of such bonds, and any adjustment to assessments resulting from the issuance of the refunding bonds will be done on a pro rata basis. The City Council hereby further determines and notice is hereby further given that it proposes to proceed under the alternative procedure authorized in Part 11 . 1 of • said Improvement Bond Act of 1915 relative to collecting assessments and advance retirement of the bonds. The City Council hereby further determines and notice is hereby given that it proposes to include, as an additional expense of the proceedings, an amount not in excess of seven per cent (7%) of the total amount of assessments as a special reserve fund for the bonds, as authorized in said Improvement Bond Act of -1915, and an amount not in excess of two and one-half per cent (2-1/2%) of the total amount of assessments as an allowance for interest on the bonds, as authorized in said Municipal Improvement Act of 1913, and that it proposes to sell the bonds at a discount not in excess of three and one-half per cent (3 1/2%) of the principal amount thereof. 5 t • 8. After completion of said improvements and the payment of all claims from the improvement fund to be provided in the proceedings hereafter to be taken pursuant to this resolution, the City Council shall determine the amount of the surplus, if any, remaining in said improvement fund by reason of the assessment (and any supplemental assessment) levied for said improvements, and any such surplus shall be used as a credit on the assessment (as provided in Section 10427 . 1 of the Streets and Highways Code) . 9 . The City Council hereby determines that, in its opinion, the public interest will not be served by allowing the property owners to take the contract for the construction of said improvements. , 10. The City Council hereby refers said proposed improvements to said Engineer of Work and hereby directs said Engineer of Work to make and file a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. 11. The City Council hereby reserves the right _to c2✓' ((�bKy"?rc make a contribution from the -I fund of the City toward the proposed improvements, which contribution shall be reflected in said Engineer' s report. 6 • PASSED AND ADOPTED this 14th day of July, 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: • ROBERT M. JONES, City Attorney ROBERT M. JONES, City Attorney • EXHIBIT A GENERAL DESCRIPTION OF WORK The work shall generally include the installation of: a sewage pump station near the intersection of Buena Avenue and Traffic Way; a force main along Traffic Way from near the intersection of Buena Avenue and Traffic Way to existing manhole T13, located approximately 1000 feet southeast along Traffic Way; a sewer main along Traffic Way from the intersection of Traffic Way and San Jacinto to the proposed pump station near the intersection of Buena Avenue and Traffic Way; a sewer main along San Jacinto from near the intersection of Dolores Avenue and San Jacinto to Traffic Way; a sewer main along Mananita Avenue from Dolores Avenue to Estrada Avenue; a sewer main along Yerba Avenue from Estrada Avenue to Dolores Avenue; a sewer main along Dolores Avenue from Yerba Avenue to Mananita Avenue; a sewer main from Yerba Avenue to Mananita Avenue along a proposed easement to be located between Mananita Avenue and Yerba Avenue; sewer mains along proposed easements located between Mananita Avenue and Yerba Avenue, along proposed easements located between San Jacinto Avenue and Mananita Avenue, and along proposed easements between Arizona Avenue and Estrada Avenue; a sewer main along Arizona Avenue from Estrada Avenue to San Jacinto; a sewer main along Estrada Avenue from near the intersection of Estrada Avenue and Arizona Avenue to San Jacinto; a sewage pump station near the intersection of Arizona Avenue and Estrada Avenue; a sewer force main along Estrada Avenue from the proposed pump station near the intersection of Arizona Avenue and Estrada Avenue to a proposed manhole located approximately 600 feet south along Estrada Avenue. 0 The work shall generally include the installation of: a sewer main along Rosita Avenue from San Anselmo Avenue to Nogales Avenue; sewer mains along proposed easements located between Rosita Avenue and Lobos Avenue; a sewer main along Lobos Avenue from San Anselmo Avenue to Nogales Avenue; a sewer main along Hermosilla Avenue from near the intersection of Lobos Avenue and Hermosilla Avenue southwest to the end of the existing sewer in Hermosilla Avenue; a sewer main from near the intersection of Cayucos Avenue and Lobos Avenue southwest along Cayucos Avenue to the end of the existing sewer in Cayucos Avenue; a sewer main extending from the existing sewer located at the intersection of Lobos Avenue and Nogales Avenue along Lobos Avenue to Encima Avenue and to the end of Encima Avenue; a sewer main along San Anselmo Avenue from E1 Camino Real to Rosita Avenue; a sewer main along Cayucos Avenue extending from San Anselmo Avenue approximately 160 feet east of San Anselmo Avenue; and a sewer main in an existing easement located between Lobos Avenue and Cayucos Avenue. 1 • EXHIBIT A - CONTINUED The work listed above shall include all of the necessary appurtenances including but not limited to: the installation of manholes, cleanouts, minor sewer extensions and sewer services; the necessary mobilization, clearing and grubbing, excavation, shoring, dewatering, importation of graded material, compaction, testing, roadway surfacing and marking, and completing the necessary ties to existing or new facilities; the acquisition of easements and necessary interests in real property, demolition or removal of existing improvements, clearing and grubbing, the replacement of existing improvements following construction (including but not limited to revegetation, fencing, retaining walls, driveways, sidewalks, mailboxes and landscaping) , the installation of new drainage facilities to replace facilities removed during construction and the relocation or replacement of utilities damaged or displaced during construction; the installation of pump station appurtenances, wet wells, pumps, piping, electrical services control panels, valves and fixtures, and water services. i 2 r M E M O R A N D U M TO: City Council FROM: Boyd C. Sharitz, City Clerk SUBJECT: City Council Appointment of Applicants to Parks & Recreation Commission Vacancies (Proposed Resolution No. 71-86) DATE: July 14, 1986 The City Council, earlier this evening, interviewed applicants to four vacancies on the Parks &Recreation Commission. There is . one vacancy which is due to the resignation of Commissioner Mark Jensen; an appointment will be made to serve his unexpired term, which ends August 13, 1988. The remaining three vacancies result from the expired terms of Commissioners Kim Rizzuto, James Porter and Ruth Doser ; Council appointments will be for four-year terms, expiring July 14, 1990. Applicants are as follows: Chuck Bishop Judith McKrell Diana Marie Cooper Cindy Muther John H. Harris Kitty O'Hern Mel Hunter Roy A. Sparks Sheila A. Kircher Attached is a sample ballot you may wish to use in selecting ap- pointees; additional copies of the ballot will be made available to you at the Council meeting for use in the actual voting. (cw) Attach. • RESOLUTION NO. 71-86 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPOINTING FOUR (4) MEMBERS TO THE PARKS & RECREATION COMMISSION WHEREAS, four vacancies have occurred on the City Parks & Recreation Commission; and WHEREAS, the City Council adopted Ordinance No. 101 relating to the establishment of a City Parks & Recreation Commission; and WHEREAS, public advertisements soliciting interest in ap- pointment to the Parks & Recreation Commission have been published; and WHEREAS, the City Council did receive nine applications for consideration; and WHEREAS, the City Council did, on July 14 , 1986, consider If candidates for appointment to the Parks & Recreation Commission; and WHEREAS, on July 14 , 1986 , the City Council did vote for specific nominees to the Parks & Recreation Commission. NOW, THEREFORE, the City Council oEE the/ City of Atascadero does resolve to appoint la , to the Parks & Recreation Commission to fill the unexpired term which ends Aug- ust 13, 1988 , and to make the following appointments for terms of four years, expiring July 14, 1990 : 1. 2. 3. NOW, THEREFORE, the Council of the City of Atascadero does further resolve that this resolution shall take effect immediate- ly. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll-call vote: AYES: NOES : ABSENT: ADOPTED: 1 (Res. No. 71-86 , cont'd) ATTEST: MARJORIE R. MACKEY, Mayor BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: oil �- RME M. JCNES, City Attorney APPROVED AS TO CONTENT: MICHAEL B. SHELTON, City Manager 2 -----�---•— a -�-_:._ iTO: City Council Members July, 14 , 1986 FROM: Karen Vaughan, Administrative Secretary VIA: Mike Shelton, City Manager _ SUBJECT: COUNCIL MEMBER REPRESENTATION ON COMMITTEES RECOMMENDATION Council review for consideration of reappointment of Council membership/participation on committees. BACKGROUND Known committees that Council members participate on are as follows: City/Schools Committee: Marge Mackey and Bear Handshy, Members Mayors Meeting: Marge Mackey, Mayor San Luis Obispo Council of Governments: Bear Handshy, Member George Molina, Alternate Traffic Committee: Barbara Norris, Member (Expiration Date: 9/26/86) Marge Mackey, Alternate • I,A • M E M 0 R A N D U M TO: City Council July 14 , 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Political Sign Regulations BACKGROUND: Per our discussion, the purpose of this memorandum is to outline the City's political signage standards, both as follow-up to the last election and as advisory information to County-wide candidates in the fall. ZONING ORDINANCE STANDARD: Under the sign section of the City's Zoning Ordinance, political signs are exempt from the ordinance unless there is need for an electrical or • building permit. Normally, this is not the case with political signs. The following is the definition in the ordinance: Political Signs: "Campaign signs shall not be posted more than 60 days preceeding the election and shall be removed within 14 days following an election. " Hence, by this time, .all of the signs from the last municipal election should have been taken down. Notwithstanding the exemption, of such signs from conventional city regulations, there is no permission implied to post those signs within street rights-of-way on utility and telephone poles. The City Council Council may wish to give staff direction with respect to routinely removing any such signs during the course of work within the right-of- way. HE:ps • M E M O R A N D U M TO: City Council THROUGH: Mike Shelton, City Manager FROM: David G. Jorgense SUBJECT: Cable TV Ordinance endments (Proposed Ord. No. 137 - Second Reading) DATE: July 14, 1986 Recommendation It is our recommendation that the City Council approve the amend- ed ordinance for cable tv service with Falcon Cable TV. Discussion It is felt by staff that we have negotiated the best possible agreement with Falcon Cable TV. The amendments directly address • the majority of concerns expressed by the citizens at the public hearing. All these favor the City and its citizens. Additional- ly, beginning in January 1987 , the City will receive an extra percent in franchise tax, to a maximum of 5 percent in January 1989. This extra fee helps protect the tax base from erosion of revenue due to the cable company's use of City-owned rights of way. The one concession we made to the cable tv company was to extend the franchise period an additional 10 years, to 2001, in order to allow them' to capitalize a significant new investment of monies to improve their service. Once again, I would like to remind you that the City does not regulate the content or quality of cable tv service. These are regulated by the FCC and the free market system. Our goal should be to insure that the City' s tax base is protected and that the cable company does everything possible to extend service to any citizen in the community who desires it. I feel that these con- cerns have been addressed in the amendments. Another of the amendments changes the agreement from an "exclu- sive" to a "non-exclusive" agreement. This opens the door for other cable campanies, if practical, to provide service within the City. A negative vote on amending the ordinance will not prevent Fal- con from continuing to provide cable tv service within the City. The affect of a negative vote will be to deny implementation of measures to correct the concerns expressed by the citizens at the public hearing. DGJ/cw � � ORDINANCE NO. 137 ORDINANCE OF THE CITY OF ATASCADERO AMENDING CERTAIN SECTIONS OF SAN LUIS OBISPO COUNTY ORDINANCE NUMBER 1202 , ADOPTED DECEMBER 13 , 1971 , AND ADOPTED BY THE CITY OF ATASCADERO JULY 2 , 1979 RELATING TO THE COMMUNITY ANTENNA TELE- VISION SYSTEM FRANCHISE IN ATASCADERO. The Council of the City of Atascadero ordains as follows : SECTION 1 . Section One of San Luis Obispo County Ordinance Number 1202 adopted on December 13 , 1971 , is hereby amended to read as follows : Section 1 . A non-exclusive franchise to construct , operate and maintain a CATV System within the incorporated City boundaries of Atascadero (hereinafter called the Area of Franchise) , is hereby granted to Falcon Cable TV System Company (hereinafter referred to as Grantee) , for an additional period of ten years from the date of passage of this Ordinance until the year 2001 . The grant of non- exclusive franchise shall vest in Grantee all of the rights and privileges of, and shall subject Grantee to each and all of the provisions of Chapter 6. 48 of the San Luis Obispo County Code (Incor- porated by Ordinance of the City of Atascadero July 2 , 1979) , and of this document , and in the event of any conflict between the provisions of said Chapter 6 . 48 and the provisions of this document , then the provisions of this document shall prevail. SECTION 2. Section three of San Luis Obispo County Ordinance No. 1202 adopted on December 13 , 1971 , is hereby amended to read as follows. Section 3. All rates and charges for Cable TV Service over which the City has jurisdiction now or hereafter under the rules -1- r, 0 0 and regulations of the Federal Communications Commission, shall 10 be expressed by Resolution of the Council . Grantee shall provide CATV services to the City of Atascadero and public schools without costs as follows : (1) Grantee shall provide one free CATV outlet and one free monthly CATV subscriber service to each public school within the Area of Franchise, and one free CATV outlet and free monthly CATV subscriber service to the City of Atascadero. (2) Grantee shall provide for the use of all public school systems within the Area of Franchise and the City of Atascadero ex- clusive use of one channel to be used by the public schools and the City of Atascadero for informational purposes. Grantee shall broad- cast , at no expense to any of the said public schools in the City of Atascadero a teletex type system for public messages in an alpha numeric format. As a condition of Grantee' s performance of the services required by this sub-paragraph (2) shall be that the said public school systems and the City of Atascadero make reasonable efforts to coordinate their use of Grantee' s equipment and personnel with Grantee to the end that Grantee' s business will not be sub- stantially impaired. It is the intent of this Section to allow for public access through the City of Atascadero and the public schools within the franchise boundary to all non-profit organiza- tions and civic groups , including churches , without reservation as to content, subject only to the requirement of public information, the resources of the Grantee and the proposed teletex system. SECTION 3 . Section Four of San Luis Obispo County Ordinance Number 1202 is hereby amended to read as follows : Section 4. Grantee shall pay to the City of Atascadero on or -2- before April 1 , of*ch year the following fr0hise fees , based upon gross revenues from whatever sources : 1986 37 0 1987 4% 1988 et seq. 5% Gross revenues shall mean any and all compensation and other consideration collected or received or in any manner gained or derived by Grantee from the operation of its CATV service within Area of Franchise under this Franchise Grant. SECTION 4 . Section 20 shall be added to Ordinance No. 1202 of the County of San Luis Obispo as follows : Section 20. Grantee shall extend a distribution line at no cost to anv subscriber than usual connection fees in all instances where there exists a single family residential or subscriber density as follows : (1) Forth or more single family residence connections or subscribers per Alant mile, as measured along the path or route most reasonable for extension of a distribution line. (2) If adjacent to an existing distribution line, eight or more single family residence connections or subscribers per one thousand fifty six feet, as measured along the path or route most reasonable for extension of a distribution line. If the Grantee is not required to extend a distribution line at no cost to the subscribers pursuant to Subsection 1 and Subsection 2 of this Section, then Grantee shall extend a distribution line in accordance with the Agreement set forth in Exhibit "A" attached to this ordinance. Any person or persons desiring CATV service within the Franchise Area not subject to Subsection 1 or Subsection 2 of this Section, shall enter into a written Reimbursement Agreement to subscribe to Grantee CATV service and pay to Grantee, in advance of construction of the said extension, a one time only premium installation charge in accordance with the formula set forth in Distribution Line Extension Policy attached to the Agreement as Exhibit "B" . Pursuant to said Agreement , and this Franchise Agreement , Grantee shall pay all refunds within thirty days of the close of the years service to the subject distribution line extension. No refund shall be made to those parties subscribing after the close of the fifth year of service to the subject distribution line exten- sion. In no event shall the aggregate amount of the refunds payable hereunder exceed the premium installation charge paid by any sub- scirber. SECTION 5 . The City Clerk shall cause this Ordinance to be published once within fifteen days after its passage in the Atascadero News , a newspaper of general circulation, printed, pub- lished, and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this Ordinance; and shall cause this Ordinance and its certification to be entered in the Book of Ordinances of this City. SECTION 6 . This Ordinance shall go into effect and be in full force and effect at 12: 01 A.M. on the thirty-first (31st) day after its passage. The foregoing Ordinance was introduced on 1986 , and adopted at a regular meeting of the City Council held on AYES : NOES : ABSENT -4- ;� APPROVED AS TO CONTENT: r Robert M. Jones , City Clerk MiiY Shelton, City Manager APPROVED AS TO FORM: L� Robert M. Jones , City Attorney Rolfe Nelson, Mayor City of Atascadero -5- 0 EXHIBIT "A" CABLE TELEVISION LINE EXTENSION AGREEMENT WHEREAS, the Applicant has applied for and received preliminary approval of Cable Television extension, from Falcon Cable TV System Company and, WHEREAS , the Applicant desires to obtain said cable television line extension from Falcon Cable TV System Company for performance of the requirements made a condition thereof, NOW, THEREFORE, THIS AGREEMENT made and entered into this day of , 19_, by and between of the City of Atascadero, State of California, hereinafter referred to as "Applicant" , and the Falcon Cable TV System Company, herein referred to as "Company"; WITNESSETH: In consideration of the mutual promises , agreements , covenants and conditions set forth herein, and in consideration of said cable television line extension, the parties hereto do hereby mutually covenant and agree as follows : 1 . The applicant shall make payment in advance to Company for the cost of construction of cable television line extension as out- lined in Distribution Line Extension Policy, Exhibit B, and as shown on the plans thereof as approved by the Company which are attached hereto marked "Exhibit C", and incorporated by reference as though fully set forth, to-wit : -1- Payment referred to hereinabove is the amount of $ itemized as follows : P = ( N - B ) 40 The stated charges do not include the specified monthly service charge. 2. The payment to the Company shall be the total of the cost estimate, as listed in Paragraph 1 above, to complete the cable television line extension, including, but not limited to, the cost of labor, materials , inspection, engineering, and administration. 3. Permission is hereby granted by Applicant to the Company, or its authorized agent , to enter upon the land which is the subject of cable television line extension for the purpose of inspection of any an/or all of said improvement work to be constructed or installed under this agreement. 4 . Upon completion of the cable television line extension, title to the cable television distribution line extension shall vest in the Company and shall constitute a portion of the Company' s overall distri- bution system. The applicant shall however be entitled to reimbursements in accordance with the following provision: a. The applicant, shall up to five (5) years from the date of signing the form agreement, be entitled to a refund for each connection later made to the main extension, based on the pro-rated cost as determined for each subscriber per the line extension formula. 5. Neither party to this Agreement shall assign or transfer this Agreement or any interest therein without the prior written consent of the other party. 6. Any waiver by Company of any failure by Applicant. to comply with any term or condition of this Agreement shall not be construed as a waiver by Company of any similar or other failure by Applicant -2- r,': to comply with any term and condition of this Agreement. 7. The following terms and conditions shall be met by Applicant prior to start of construction pursuant to this Agreement: a. That applicant shall clear a right-of-way for said cable television line extension to satisfac- tion of Company, to include acquisition of permits , if required. IN WITNESS WHEREOF the applicant and Company have executed this Agreement on the day and year first hereinabove set forth. APPLICANT COMPANY: FALCON CABLE TV SYSTEM COMPANY BY: EXHIBIT "B" DISTRIBUTION LINE EXTENSION POLICY Grantee shall extend a Distribution Line at no cost to any subscriber in all instances where there exists a residential or subscriber density as follows : (1) Forty (40) subscribers -per mile as measured along the path or route most reasonable to extension of a Distribution Line. (2) If adjacent to an existing Distribution Line, eight or more subscribers per One Thousand Fifty Six Feet (1056) , as measured along the path or route most reasonable for extension of a Distribution Line. If Grantee is not required to extend a Distribution Line at no cost to subscribers , then Grantee shall extend a Distribution Line in accordance with the formula set forth below, but in only those instances when each of the factors "P " "P " "P " "P and "P " 1 2 3 4111 5 are greater than zero. The person or persons desiring CATV service shall enter into written agreements to subscribe to Grantee' s CATV service and pay to Grantee , in advance of construction of the said extension, a one time only premium installation charge in accordance with the formula set forth below: DISTRIBUTION LINE EXTENSION FORMULA (A B) Pl - (N -4U) (A B) P2 - (N1-40) (A _ B) P3 (N2 4-9 P4 (N 3-Z P, _ (A B) (N4-40) -1- Where: Pl = premium installation charge per subscriber for all parties subscribing prior to commencement of CATV service to the subject Distribution Line Extension and for the first twelve (12) months thereafter. P2 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the second year service is available on the subject Distribution Line Extension, but never to exceed Pl . P3 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the third year service is available on the subject Distribution Line Extension, but never to exceed P2. P4 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the fourth year service is available on the subject Distribution Line Extension, but never to exceed P3. P5 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the fifth year service is available on the subject Distribution Line Extension, but never tov exceed P4. A = actual cost in labor and materials to construct Distribution Line Extension. -2- 9 B = $11 ,377. 00 per mile or an amount approved by the County Engineer as hereinafter provided. N = original number of parties agreeing to subscribe prior to the commencement of service to the subject Distribution Line Extension. N1= number of subscribers on the subject line extension on the last day of the first year of service to the Distribution Line Extension. N2= number of subscribers on the subject line extension on the last day of the second year of service to the Distribution Line Extension. N3= number of subscribers on the subject line extension on the last day of the third year of service to the Distribution Line Extension. N4= number of subscribers on the subject line extension on the last day of the fourth year of service to the Distribution Line Extension. Premium installation charges are in addition to the monthly service charges and installation charges established by the Resolution. No premium installation charge shall be made to any party who subscribes after the close of the fifth year of CATV service in the extended service area. No premium installation charge shall be made to a new subscriber where all previous subscribers have been totally reimbursed for the premium installation charges they have paid. At one year intervals for a period of three years after commencement of service in the extended service area, Grantee will review the number of subscribers receiving service from such Distribution Line Extension -3- for which a premium installation fee has been charged and make refunds to those subscribers in the extended service area at the close of the previous year if there has been any increase in the number of subscribers . Said refunds shall be calculated in accordance with the following formulas : __ _ (A _ B) Rl P1 (N1 40) R2 (P2 (N 2-4-P ( . 8) R3 = (P2 - (A - B) ( .6) N3 40 R4 = (P2 - (A - B) ( . 4) N4 40 RS = (P2 - (N -4B� -) ( .2) 5 Where: R1 = first year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the first year' s service to the Distribution Line Extension. R2 = second year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the second year' s service to the Distribution Line Extension. ' R3 = third year' s refund. is payable to each ,subscriber on the subject Distribution Line Extension at the close of the third year' s service to the Distribution Line Extension. R4 = fourth year' s refund is payable to each subscriber r -4- on the subject Distribution Line Extension at the close of the fourth year' s service to the Distribution Line Extension. R5 = fifth year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the third year' s service to the Distribution Line Extension. P1 = initial and first year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P2 = second year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P3 = third year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P4 = fourth year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P5 = fifth year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. A = actual cost in labor and materials to construct Distribution Line Extension. B = $11 ,377 . 00 per mile or an amount approved by the City Engineer as hereinafter provided. N1 = number of subscribers on the subject Distribution Line ' Extension on the last day of the first year of service _ ,to the Distribution Line Extension, not to exceed forty (40) . N2 = number of subscribers on the subject Distribution Line Extension on the last day of the second year of service to the Distribution Line Extension, not to exceed forty (40) . -5- 1 9 N3 = number of subscribers on the subject Distribution Line Extension on the last day of the third year of service to the Distribution Line extension, not to exceed forty (40) . N4 = number of subscribers on the subject Distribution Line Extension bn the last day of the fourth year of service to the Distribution Line Extension, not to exceed forty (40) . N5 = number of subscribers on the subject Distribution Line Extension on the last day of the fifth year of service to the Distribution Line Extension, not to exceed forty (40) . Grantee shall be responsible for providing documentary evidence to the City Engineer supporting any change in constant "B" in the formulas set forth above. The constant "B" shall not be changed without prior approval of the City Engineer. In no event shall such change in constant "B" affect any premium installation charge or reimbursement for Distribution Line Extensions which commenced or completed construc- tion prior to the change in constant "B" . In the event that Grantee includes equipment or facilities or capacity in or on the Distribution Line Extension in excess of that needed to provide the type and level of "service prevailing in the franchise area wherein the extension is being accomplished, then Grantee shall bear the full cost of the same and no charge shall be made to any subscriber for such excess equipment , facilities , or capacity. At any time that the actual cost in labor and materials to construct a Distribution Line Extension (A) exceeds the constant "B" of $11 ,377 .00 per mile or an amount approved by the City Engineer,* Grantee shall submit to the City Engineer documentary evidence -6- 0 9 supporting the said actual cost of construction. Grantee shall report to the City Engineer the particulars of the various charges , costs and expenses to subscribers on each line extension implemented hereunder. -7- 9 0 FALCON CABLE TV SYSTEM COMPANY LINE EXTENSION ESTIMATE Name of Project: Boundaries of Project: Number of Passings : Underground Footage: Overhead Footage: Total Footage: Number of Poles : Number of Signed Agreements : A _ 11 ,377 _ P N --u- Material Total (Includes tax and freight) Labor In house (Includes OH @ 100%) Contractor TOTAL Engineering In house (Includes OH @ 100%) Contractor Telephone Power Other (Explain) TOTAL TOTAL COST (A) EXHIBIT "C" 0 PROJECT NA14E DISTRIBUTION LINE EXTENSION FORMULA End End End End End Original Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL (A) Actual Cost A A A A A A (N) ff of Subs N N1 N2 N3 N4 N5 B 11000 _ -� Install Cost (P) - sub. P P1 P2 P3 P4 P5 Install Cost - TOTAL Refund per (R) sub Rl R2 R3 R4 R5 Total Refund Total Cost to Customer Total Cost to Co. DISTRIBUTION LINE EXTENSION FORMULA REFUND FOR1,1ULA (A _ B) _ (A _ B) P1 (N 4U) R1 P1 (N1 4-U) P2 (N1 49) R2 (P2 (N2 47)A B ( '8) P = (A - B) A B 3 (N2 40) R3 (P2 (N -40) ( .6) (A B) 3 P4 (N3-40) R4 - (p2 _ (N 4B ( . 4) (A B) 4 P5 (N4_4U) AB R5 (P2 (IT--4-U) ( ' 2) M E M O R A N D U M TO: City Council THROUGH: Mike Shelton, City Manager ' 1 FROM: David Jorgensen, Admin. Services Director SUBJECT: Renegotiation of Cable-TV Franchise Agreem t with Falcon Cable-TV System Company DATE: June 23, 1986 RECOMMENDATION It is recommended that the City Council approve the amended fran- chise agreement and City ordinance for Cable-TV services provided by Falcon Cable-TV System Company. DISCUSSION In February 1986, the City received a letter from Falcon Cable-TV System Company requesting an amendment to their existing fran- chise agreement.. The requested amendment would extend the term of the agreement for 10 years, from 1991 to 2001. We saw this as an opportunity to renegotiate other items in the franchise agree- ment that were not in the best interest of the City nor its citi- zens. Negotiations have been ongoing for the past several months. The City was represented by myself and the City Attorney, Robert M. Jones. The following discussion represents the results of these negotiations. Amendment #1 Current: The language in the current franchise agreement gives Falcon an exclusive franchise for a pre-defined boundary within the City of Atascadero. Franchises for cable-tv services can, by court order , no longer be exclusive. Proposed Change: The language in the proposed ordinance has been changed to a non-exclusive franchise. This change would allow another cable operator , if financially feasible, to come into Atascadero and compete with Falcon. Amendment #2 Current: The language in the current franchise agreement limits Falcon' s service area to a pre-defined area within the 1 City limits. This was originally done because the area outside that service area was relatively undeveloped when the original agreement was entered into. Since then, these areas have begun to develop. Residents living in those areas are being penalized because the current franchise does not allow service to be ex- tended beyond the area defined in the agreement. Proposed Change: The language in the proposed ordinance has been changed to define the service area for cable-tv as the City limits. This change allows anyone living within the City the opportunity to have cable-tv service. Amendment #3 Current: The language in the current franchise agreement specifies that the agreement will expire in 1991. Since we are suggesting a change to the agreement to make it non-exclusive, a change in the number of years Falcon' s agreement will run would not necessarily prevent another cable-tv operator from the chance of coming into the City and competing with them. (Any new com- pany would also be required to enter into a franchise agreement with the City. ) The advantage of extending the term of the agreement with Falcon is that the City will not have to enter into negotiations again for several additional years. The advan- tage to the cable company is that it gives them the opportunity to recoup additional investments made to improve their .service over an extended period of time. Proposed Change: The language in the proposed ordinance has been changed to extend the franchise an additional 10 years, to 2001. Amendment #4 Current: The language in the current franchise agreement only touches briefly on the cable company providing a public ac- cess channel to schools, governments and other qualified civic organizations. Proposed Change: The language in the proposed ordinance has been changed to more specifically define and enumerate the extent and meaning of providing public access to a cable-tv chan- nel. I direct you to Page 2, Section 2, Parts 1 and 2, in the proposed ordinance for the specific wording of this change. Amendment #5 Current: The language in the current franchise agreement sets a franchise fee of 2% of the gross receipts collected by the cable company. 2 Proposed Change: The language in the proposed ordinance has been changed to increase the franchise percentage, over a 3-year period, to a maximum of 5% in 1988. Amendment #6 Current: The current franchise agreement doesn' t contain any language that specifies when the cable company is required to extend service at their cost and when a citizen must pay for the extension of the service. Proposed Change: The proposed ordinance specifies that the cable company will extend cable service at their cost if certain conditions exist (see Section 4 , Page 3) . Amendment #7. Current: The current franchise agreement does not have any mechanism for a citizen to recover his costs if he is the first household, at the furthest point from existing service, to have cable-tv service extended to him. Proposed Change: The proposed ordinance specifies a reim- bursement period and amount (see Exhibit B) that a subscriber who pays to extend service can recover when other subscribers eventually take advantage of the service he extended. There is a reimbursement agreement (see Exhibit A) that is entered into between the subscriber and the cable company that specifies the cable company' s responsibility in this matter. Amendment #8 Current: The language in the current franchise agreement requires that the franchise payment be made to the City in Jan- uary each year. As a practical matter, this cannot possibly happen because of the time-consuming process of closing books and verifying gross receipts. Proposed Change: The language in the proposed ordinance has been changed to reflect the time that the checks have actual- ly been received by the City, which is April each year. It is my opinion that these changes strengthen the current fran- chise agreement in favor of the City and its citizens. While the City has the authority to grant a franchise, we have no enforcement powers to insure that the actual service as far as channels, cost and programs available are what the people want and are of the quality that makes viewing enjoyable. These types 3 11� of issues are the province of the FCC and the free market system. The whole purpose and scope of a franchise agreement is to, as much as is possible, insure that cable-tv service is provided to all citizens, on as equal a basis as possible, and that the cable company pays for the opportunity to provide this service because of the impact they have on City rights of way. FISCAL IMPACT Conceivably, as the increase in franchise percentage is made, the amount of revenue reverting to the City should increase also. In April of 1986, the annual revenue amount the City received was $28,727. This was down from the previous year. DGJ/cw Attachments 4 / . • M E M O R A N D U M TO: City Council Members July 14, 1986 FROM: Police Department SUBJECT: ORDINANCE NUMBER 135 - ESTABLISHMENT OF EMERGENCY SERVICES ORGANIZATION AND FUNCTIONS - SECOND READING RECOMMENDATION Council accept second reading of Ordinance Number 135 and approve the establishment of an emergency services organization and its functions. • BACKGROUND: Council approved the proposed ordinance on June 23, 1986, for first reading. • i ORDINANCE NUMBER 135 AN ORDINANCE OF THE CITY COTNCIL OF THE CITY OF ATASCADERO ADDI14C CHAPTER 4 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS WHEREAS , Section 8610 et seq. , of the Government Code provides that cities may create an office of Emergency Services by ordinance which office shall develop plans for meeting any condition constituting a local emergency; and WHEREAS , the governing body of any city may in such ordinance provide for the organization, powers and duties , divi- sions , services and staff of an emergency organization; and WHEREAS , the governing body of a city may by ordinance authorize public officers , employees and registered volunteers to command the aid of citizens when necessary in the execution of their duties during states of emergencies ; and WHEREAS , cities may enact ordinances establishing rules and regulations for dealing with local emergencies and may act to carry out mutual aid on a voluntary basis , and to this end may enter into agreements ; and WHEREAS , a duly enacted ordinance pursuant to Section 8610 of the Government Code when certified by the City Council may Provide and allow for participation by the city in state and fed- erally sponsored programs for emergency response systems ; NOW, THEREFORE , the City Council of the City of Atascadero does ordain as follows : SECTION 1 . An ordinance of the City of Atascadero establishing the office of Emergency Services and related organizations and functions , by adding Chapter 4 to Title 4 of the Atascadero 14unicipal Code to read as follows : CHAPTER 4 ENTEERGENCY ORGANIZATIONS AND FUNCTIONS SECTIONS 4-4 . 01 Title 4-4 . 02 Purpose 4-4 . 03 Definition 4-4 . 04 Disaster Council Membership 4-4. 05 Disaster Council Powers and Duties 4-4 . O6 Director and Assistant Director of Emergency Services 4-4 . 07 Powers and Duties of tre Director and Assistant Director of Emergency Services 4-4 . 08 Emergency Organization 4-4. 09 Emergency Plan 4-4 .10 Expenditures 4-4 . 11 Punishment and Violations 4-4 . 12 Effective Date 4-4 . 13 Severability • 0 SECTION 4-4 . 01 : TITLE This Chapter shall be known_ and may be cited as the "Emergency Organization Ordinance or Atascadero". SECTION 4-4 . 02 : PURPOSE, The declared purpose of this ordinance is to provide for the preparation and carrying out of plans for the protection of persons and property within_ this City in the event of an emergency; the di- rection of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies , corporations , organizations , and affected private persons . SECTION 4-4 . 03 : DEFI`?ITION As used in this ordinance , "emergency" sr.all mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City of Atascadero caused by such conditions as air pollution, fire, flood , storm, epidemic , riot , or earthquake , or other conditions , including conditions result- ing from war or imminent threat of war, but other than conditions resulting from a labor ocntroversy, which conditions are or are likely to be beyond the control_ of the services , personnel , equipment , anO facilities of this City, requiring the combined forces of other polit- ical subdivisions to combat. SECTION 4-4 . 04 : DISASTER COUNCIL ?�?-1BERSHID The City of Atascadero Disaster Council is !,.ereby created and shall consist of the fo _lowing: A. The Mayor, who shall be Chairman. B. The Director of Civil Defense and Disaster who shall be Vice Chairman. C. The Deputy Director of Civil Defense and Disaster Services who shall be Coordinator of the Emergency Services Program. D. Such Chiefs of Emergency Services as are provided for in a current Emergency Plan of this City, adopted pursuant to this ordinance. E. Such representatives of civic , business , labor , veterans , professional , or other organizations raving an official. emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. SECTION 4-4 . 05 : DISASTER COUNCIL POWERS AND DUTIES It shall_ be the duty of the City of Atascadero Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council , emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are nec- essary to implement such plans and agreements . The Disaster Council shall meet upon call of the Chairman, or in his absence from the City or inability to call such a meeting, upon call of the Vice Chairman. SECTION 4-4 . 06 : DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. There is hereby created the office of Director of Emergency Services . The City Manager shall be the Director of Emergency Services . B. There is hereby created the office of. Assistant Director of Emergency Services , who shall be appointed by the Director. SECTION 4-4 . 07 : POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF MERGENCY SERVICES A. The Director is hereby empowered to : (1) . Reauest the City Council to proclaim the existence.. or 0 threatened existence of a "local emergency" if the City Council. is in session, or to issue such proclamation if the City Council is not is session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) . Request the Govenor of the State of California to proclaim a "state of emergency" when, in the opinion of the Director , the locally available resources are inadequate to cope with the emergency. (3) . Control and direct the effort of the emergency organization of this City for the accomp?.ishment of the purposes of this ordinance. (4) . Direct cooperation between and coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them. (5) . Represent this City in all dealings with public or priva e agencies on matters pertaining to emergencies as define herein. (6) . In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of r. 9 0 war emergency" , the Director is hereby empowered: (a) . To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be con- firmed at the earliest practicable time by the City Council. (b) . To obtain vital supplies , equipment , and such other properties found lacking and needed 'or the pro- tection of life and property and to bind the City for the fair value thereof and, if required imme- diately to commandeer the same for public use. (c) . To require emergency services of any City Officer or Employee and, in the event of the proclamation of a "state of emergency" in the county in which this City is located or the existence of a "state of war emergency" , to command the aid of as many citizens of this community as he deems necessary in the execution of his duties ; such persons shah be entitled to all privileges , benefits , and immu- nities as are provided by state law for registered disaster service workers ; (d) . To _requisition necessary personnel or material of any City Department or Agency; and (e) . To execute all of his ordinary power as Mayor, all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council , all powers conferred upon him by any statute , by any agreement approved by the City Council , and by any other lawful authority. B. The Director of Emergency Services shall. designate the order of succession to that office , to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council . C. The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs , develop emergency plans and manage the emergency programs of this City; and shall have such other powers and duties as may be assigned by the Director. SECTI0711 4-4 . 03 : EMERGE??CY ORGANIZATION All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups , organizations , and persons who may be agreement or operation' of law, including persons impressed into service under the provisions of Section 6 .A. (6) (c) of this ordinance , be charged with duties incident to the protection of life and property in this City during the emergency, shall constitute the emergency organization of the City of Atascadero. SECTION 4-4 . 09 : EMERGENCY PLAN The City of Atascadero Disaster Council shall be responsible for the development of the City of Atascadero Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties , services , and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. SECTION 4-4 . 10 : EXPENDITURES Any expenditures made in connection with emergency activities , including mutual aid activities , shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Atascadero. SECTION 4-4 . 11 : PUNISTIRTENT AND VIOLATIONS It shall be a misdemeanor , punishable by a fine not to exceed one thousand dollars (1000 . 00) , or by imprisonment not to exceed six months , or both, for any person, during an emergency, to: A. Willfully obstruct , hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance , or in the performance of any duty imposed upon him by virtue of this ordinance. B. Do act forbidden by any lawful rule or regulation issued pur- suant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City , or to prevent , hinder , or delay the defense or protection there- of. C. Wear, carry, or display , without authority, any means of identification specified by the emergency agency of the State. SECTION 4-4 . 12 : EFFECTI1.TE DATE This ordinance shall become effective thirty (30) days from and after its passage. SECTION 4-4 . 13 : SEVERABILITY 0 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications , and to this end the provisions of this ordinance are declared to be severable. SECTION 2 The City Clerk shall cause this ordinance to be published in the Atascadero News , a newspaper in general circulation, published and circulated in this City. Once within fifteen days after its passage , in accordance with the Government Code Section 36933 ; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book or Ordinances of the City. The City Clerk is further instructed to senj a certified copy hereof to the California Emergency Council_. On motion by Council Member and seconded by Council Member , the foregoing ordinance is hereby adopted in its entirety on the following roil call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST: CITY 07 ATASCA.DEnO , CALIFORNIA ROBERT M. JONES , City Clerk ROLFE 'ZEL SON, Mayor APPROVED AS TO FORK: APPROVED AS TO CONTENT: ROBERT M. JON S , City Attorney 111CN_AE'.: SHELT07-11, City Manager RESOLUTION NO. 5886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AND AGREEING TO ABIDE BY CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT ON BEHALF OF THE STATE OF CALIFORNIA AND ALL ITS DEPARTMENTS AND AGENCIES WHEREAS , EARL WARREN, Govenor of the State of California, on the 15th day of November, 1950 , executed the California Disaster and Civil Defense Master Mutual Aid Agreementonbehalf of the State of California and all its Departments and Agencies ; NOW, THEREFORE , the City Council of the City of Atascadero does , by resolution, hereby approve and agree to abide by said California Disaster and Civil Defense Master Mutual Aid Agreement; and the Clerk of this Council is hereby authorized and directed to send a certified copy of this resolution to the California Emergency Council for filing with said Council. The foregoing resolution was introduced on and adopted at a regular meeting of the City Council held on On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote. AYES : NOES : ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA ROBERT M. JONES , City Clerk ROLFE NELSON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ROBERT M. JONES , City Attorney MICHAEL SHELTON , City Manager RESOLUTION NO. 5986 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING THE RULES AND REGULATIONS ESTABLISHED BY THE CALIFORNIA EMERGENCY COUNCIL PURSUANT TO THE PROVISIONS OF SECTION 8580 OF TFE GOVERNMENT CODE RELATIVE TO INTORISIEN' S COMF_'ENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS" WHEREAS , Section 8580 of the Government Code (Chapter 1454 , Statues 1970) , provides : "The Emergency Council shall establish by rule and regulation various classes of disaster service workers and the scope of the duties of each class . The Emergency Council shall also adopt rules and regulations prescribing the manner in which disaster service workers of each cuss are to be registered. All such rules and regulations shall be designed to facilitate the paying of workmen' s comp- ensations". and WHEREAS , the California Emergency Council has adopted rules and regulations establishing classes of disaster service workers , the scope of duties of each class , and the manner of registration of such volunteer disaster service workers ; and WHEREAS , Section 8512 of the Government Code (Chapter 1454 , Statues 1970) , provides : "Any Disaster Council which both agrees to follow the rules and regulations established by the California Emergency Council pursuant to the provisions of Section 8580 and substantially complies with such rules and regulations shall be certified by the Emergency Council . Upon such certification, and not before , the Disaster Council be- comes an accredited Disaster Council" . and WHEREAS , the City of Atascadero r_as registered and will hereby register volunteer disaster service workers ; and WHEREAS , the City of Atascadero desires to become an "Accredited Disaster Council" , organization in order that injured disaster service workers registered with it may benefit by the provisions of Chapter 10 of Division 4 of Part 1 of the Labor Code; NOW, THEREFORE , the City Council of the City of Atascadero hereby agrees to follow the rules and regulations established by the California Emergency Council pursuant to the provisions to Section 8580 of the Government Code. The City Clerk is hereby instructed to send a certified copy hereof to the California Emergency Council. • • The Emergency Resolution was introduced and adopted at a regular meeting of the City Council held on , 1986 . A motion by Council Member and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety on the following roll call vote. AYES : NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA ROBERT M. JONES , City Clerk ROLFE NELSON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONE�J, City Attorney MTCHAEL SHELTON, City Manager M E M 0 R A N D U M TO: CITY MANAGER MIKE SHELTON AND COUNCIL MEMBERS FROM: CHIEF OF POLICE SUBJECT: EMERGENCY PREPAREDNESS ORDINANCE AND ASSOCIATED RESOLUTIONS DATE: JUNE 13, 1986 RECO1MENDATION: It is recommended that Council adopt Ordinance No. 135 and Resolutions 5886 and 5986 relating to city emergency organizations and functions. COUNCIL ACTION REQUESTED: Enact Ordinance No. 135; adopt Resolutions 5886 and 5986 . BACKGROUND: The City of Atascadero does not, at this time, have a formalized ordinance which identifies the City Office of Emergency Services and functions thereof. The Government Code provides that cities may establish ordinances and resolutions addressing emergency planning, and the attached documents have been prepared by Sergeant Jon Lovgren in keeping with the recommended State of California Office of Emergency Services formats. (City Attorney Robert M. Jones has reviewed, modified and approved the materials as attached. ) It should be noted that while this ordinance addresses such matters as disaster council membership, powers, duties, emergency organization expenditures, etc. , it does not specify actual emergency procedural responsibilities for city employees to follow. This ordinance, however, is the springboard from which the newly revised procedural emergency plan shall emerge, and it is anticipated that a completed first draft will be ready for staff review on October 1, 1986 . FISCAL IMPACT: The adoption of this ordinance and resolutions will have no fiscal impact upon the City and should a major emergency occur, we will have a more systematic program of response which will result in improved service to our residents. RICHARD H. McHALE RHM: sb