HomeMy WebLinkAboutAgenda Packet 06/22/1993 -USE DO REM
* NOTICE THE CITY COUNCIL WILL MEET IN CLOSED SESSION AT 6:30 P.M., PRIOR TO THEIR
REGULAR MEETING, 4TH FLOOR CLUB ROOM, FOR THE PURPOSE OF DISCUSSION
REGARDING (1) PERSONNEL NEGOTIATIONS, PURSUANT TO OVT. CODE SECTION
54957.6,AND('2)PENDING MATTERS OF LITIGATION, ENTITLED CITY OF ATASCADERO
v. FLUITT AND CLODFELTER V. CITY OF ATASCADERO, PURSUANT TO GOVT. CODE
SECTION 54956.9 (a).
AGENDA
ATASCADERO CITY COUNCIL `
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA R OM
JUNE 22, 1993
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Government Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. in addition to any action ident fied in the brief
general description of each item, the action that may be taken shall include: A referral to
staff with specific requests for information; continuance; specific direction to staff
concerning thepolicy ormission of theitem;discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the item; adoption or
approval, and, disapproval.
Copies of the staff reports or other documentation relating to each hem of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during G y Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In with the Americans with Disabilities Act, if you need spec al assistance to
participate in a City meeting or other services offered by this City, please contact the City
Manager's Office ((805)461-5010) or the City Clerk's Office ((8051 461 5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are need?d will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to:the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on the agenda.
* A person may speak for five (5) minutes.
* No one may speak for a second time until everyone wishipg to speak has had
an opportunity to 'do so'.
* NO one may speak more than twice on any item.
* Council Members may question any speaker;' the speak r may respond but,
after the allotted time has expired, may not initiate further discussion.
* The floor will then be closed to `public participation an open for Council
discussion.
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Call to Order
Pledge of Allegiance
Rolf Call
City Council Comments:
Presentations: Ray Windsor, City Manager
Bill Mazzacane, Chamber of Commerce
o Council Appointment of Mayor and Mayor Pro Tempore
o Review Committee- Appointments
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and comments from
you, the citizen. The Community Forum period is provided to rece ve comments from
the public on matters other than scheduled agenda items. To increase the effective-
ness of`Community Forum, the following rules will be enforced:
A maximum of 30 minutes will be allowed for Community Forum, unless
Councilauthorizes an extension.
All remarks shall be addressed to Council, as a whole, and rot to any individual
member thereof.
* No person shall be permitted to make slanderous, profane' r personal remarks
against any elected official, commissions and staff.'
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given,as felt necessary.):
1 . S.L.O. Council of Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5. Traffic Committee
6. County Water Advisory Board
7.` Economic Round Table - See Item D-2
8 Colony Roads Committee
9. Liability Claims Review & Finance Committee
10. Business Improvement Association Carlton Hotel up Jate report
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are considere to be routine, and
will be enacted by one motion in the form listed below. There will be no separate
discussion on these items. A member of the Council or public may, by request, have
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any item removed from the Consent Calendar, which shall then be 1 eviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY TREASURER'S REPORT MAY, 1993
2. FINANCE DIRECTOR'S REPORT - MAY, 1993
3. ` RESOLUTION. NO. 49-93 - Authorizing 'cooperative agre merit with S.L.O.
County to establish joint participation in Community Develc pment Block Grant
Program
4. PLACEMENT OF ANNUAL ASSESSMENTS ON THE PRO ERTY TAXES FOR
THE 1993-94 FISCAL YEAR
A. Resolution No. 51-93 Sewer Assessment District No. 3 (Marchant
Way)
B. Resolution No. 52-93 - Assessment District #4 (Se erado-Cayucos)
C. Resolution No. 53-93 - Assessment District #5 (Chandler Ranch)
D. Resolution No. 54-93 '- Street Maintenance District 86-1 (Falda Ave.)
E. Resolution No. 55-93 #86-4 (Cayucos Ave.)
F. Resolution No. 56-93 #86-2 (Final/Escarpa)';
G. Resolution No. 57-93 " " #86-3 (Aguila Ave.)
H. Resolution No. 58=93 - To To #84-1 (Sari Fernando)
1. Resolution No. 59-93 " #83-3 (Maieza Ave.)
J. Resolution No. 60-93 83-2 (Sonora/final)
K. Resolution No. 61-93 #83-1` (Lobos Ave.)
5. RESOLUTION NO. 50-93 - Approving an Interim Budget for the 1993-94 Fiscal
Year and appropriating funds thereof
6. RESOLUTION NO. 47-93 - Authorizing the execution of an agreement with
Cooperative Personnel Services for testing services'
C. PUBLIC` HEARINGS:
1. PROTEST HEARING
A. 3-F Meadows, Tecorida & Las Encinas Assessment District
1. Resolution No. 63-93 - Overruling protests
2. Resolution No. 64-93 - Approving Final Engineer's Report &
Confirming Assessment District
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3. Resolution No. 65-93 - Designating City I reasurer as Tax
Collector for pre-payment
4. Resolution No. 66-93 - Designating Bond Und rwriter
5.- Resolution No. 67-93 - Authorizing Engineering design award
B. ` Camino Real Assessment District
1. Resolution No. 68-93 - Overruling protests
2. Resolution No. 69-93 Approving Final En ineer's Report< &
Confirming AssessmentDistrict
3 Resolution No. 70-93 - Approving Acquisition Agreement
4. Resolution No. 71-93 - Award sale of bonds to investment banker
5. Resolution No. 72-93 - Determining unp id assessments,
providing for the issuance of bonds, appro ing a Preliminary
Official Statement, approving the form of Purchase Agreement
and approving the form of Fiscal Agency Proposal
2. SEWER SERVICE RATE STUDY
A. Resolution No. 41,-93 - Establishing sewer servicE charges for the
Wastewater Division of the City
D. REGULAR BUSINESS:
1. REQUEST BY GOLDEN WEST DEVELOPMENT (FACTORY UTLET) FOR CITY
FINANCIAL PARTICIPATION AND WAIVER OF FEES
2. ECONOMIC ROUND TABLE APPOINTMENTS -Casey Sulliva ,Wells Fargo Bank
and Missey Hobson, PG&E
3. REQUEST TO SELECT MEETING DATE FOR BUDGET AND RELATED ISSUES
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
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REPORT TO CITY COUNCIL Agenda Item: A-1-0 (Committee Reports)
CITY OF ATASCADERO
Through: Andy Takata, Ass't. City Mgr. Meeting Dane: 6/22/93
From: Mark Joseph, Administrative Services Diroctor .�RV',l
SUBJECT: Update on the Carlton Hotel
RECOMMENDATION: For Council review and comment; direction to
staff on how to proceed with the Parking Lot proposal is
requested.
BACKGROUND:
For the last two years, staff has worked withathe Carlton
Hotel Developer with the objective being to refurb�sh the Hotel
into a mixed-use building: low-cost housing on thesecond floor
and commercial retail on the first floor. The pro)ect ' s
significance lies in the fact that the Carlton hasrbeen
considered a catalyst for Downtown Revitalization. ';
During these two years, the City has indicated its support
• for the project by expressing a willingness to wort with the
developer on parking; to seek out grant and other funding
sources; and to expedite plan review.
At this point, Frank Henderson, project manager, has
requested an opportunity to update Council on the project' s
progress to date.
ANALYSIS:
One issue that will require Council direction is the parking
area directly behind the Carlton. In the City' s Downtown Master
Plan, Mid-Block Parking Lots were specifically identified as a
short-term parking solution. The area behind the Carlton is one
of the two Mid-Blocks cited.
The Carlton has proposed that this area be exanded,
reconstructed and landscaped in order to provide additional
public parking and to improve the general appearance of the
downtown. A conceptual parking plan is included a6 Exhibit A of
this report.
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• Completion of the parking lot is envisioned as a two-step
process. The first step is acquiring parking easeMents from
adjacent property owners. These property owners have been
contacted and may be willing to voluntarily give the City the
necessary easements in exchange for waiving parkin19 requirements
for their respective properties. Based on a preliminary review,
there should be enough new parking spaces created to cover the
actual parking requirements for the entire TrafficiWay, Entrada,
Palma, El Camino Real area.
The second step is the actual construction. The cost is
estimated at approximately $100, 000. The Carlton has offered to
pay $50, 000, and has requested the BIA and the City to split the
difference (the City's share being roughly $25, 000) . The BIA has
tentatively agreed to participate.
The City' s cost is equivalent to the City ' s investment made
toward the parking lot on the other side of Palma Oetween Palma,
Lewis, Entrada and Traffic Way) . In addition, sin' e this parking
lot will have bike racks and pedestrian walkways, PDA/non-transit
monies could be used, if Council endorses the proposal.
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FISCAL IMPACT
Although the $25, 000 investment could come from the TDA/Non-
Transit Fund, virtually all of the revenues generated by the
project will accrue to the General Fund. For example, additional
property and sales tax revenue is expected to exceed $30, 000
annually, which means that payback on the investment will occur
within twelvemonths after the Carlton opens.
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REPORT TO CITY COUNCIL Meeting Date: 06/23/93
CITY OF ATASCADERO Agenda Item: B-1
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Through: Andy Takata, Assistant City Manager
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From: Micki Korba, City Treasurer
SUBJECT:
May 1993 Treasurer's Report.
RECOMMENDATION:
Approve.
ANALYSIS:
Please note all interest rates have declined somewhat for the month of May.
The separate TRANS account, as of June 1st, now has the full amount due in
November 1993 for repayment of our first TRANS ($2,079,770. There will be
interest available in December 1993 and March 1994 to be transferred back into our
regular Orange County Fund. Depending on the interest rates, the amount should be
between $82,000 and $90,000.
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CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDING MAY 31,1993
TABLE I: SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
PREVIOUS MONTH CURRENT MONTO PREVIOUS YEAR
30-Apr-93 31-May-9t 31-May-92
Beginning Cash Balance 5,178,318.05 5,090,863.41 6,202,722.02
Plus: Cash Receipts 1,513,629.40 659,759.66 412,153.87
Plus: Tran Receipts 0.00 0.00 0.00
Less: Disbursements (1,841,572.97) (1,673,111.9 1 (989,079.74)
---------------- -------------}-- ---------------
Ending Cash Balance 4,?10,374.58 4,076,911.10 5,625,796.15
Plus: Outstanding Transactions 180,488.86 104,856.7 217,073.95
---------------- ---- ----------- -----------
adjusted Cash Balance - 5,090,863.44 4,181,167.91 5,842,810.10
TABLE II: SCHEDULE OF INVESTMENTS
-----------------------------------------------------------------------------------------t------ ---------------
Interest Interest Interest
Name "mount Rate For Monto Yr-to-Date
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Orange County Investment Pool 3,920,616.85 7.94% O.OA 301,368.57
L.A.I.F. 154,274.24 4.43X 0.00 12,56/.27)
Mid State Bank 105,826.83 2.251 267.90 3,405.I6
Petty Cash 1,050.00 N/A NIA N/A
---------------- -------------t-- ---------------
TOTAL: 4,181,767.92 267.90 322,340.96
L.A.I.F. interest paid quarterly in month following end of quarter.
Orange County investment Pool Interest oaid quarterly in 3rd aonth after quarter's end.
Interest Rate is for Current Month - not for earnings shown.
I certiiy that this report reflects all Governmental Agency pooled
investments and is in conforaity with the Investment Policy of the
City of Atascadero as stated in Resolution No. 126-92 dated 12/08/92.
A copy of this Resolution is available at the Office of the City Clerk.
The investment Program herein shown provides sufficient cash flow
liquidity to meet next month's estimated expenditures.
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Muriel C. Kona, City Treasurer
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REPORT TO CITY COUNCIL Agenda Item: B-2
• CITY OF ATASCADERO
Through: Andy Takata, Ass 't. City Mgr. MeetinglDate: 6/22/93
From: Mark Joseph, Administrative Services Dirgcto
SUBJECT: Finance Director' s Report - May, 1993.
RECOMMENDATION: For Council review and comment.
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BACKGROUND/ANALYSIS
All Funds - A brief overview of major funds is provided below and
in more detail in Table One. The General Fund is considered
separately.
The Gas Tax and TDA/Non-Transit funds should be vigwed in tandem,
insofar as expenditures are virtually interchangeable. As such,
the two funds combined show a positive fund balanco. In
addition, as soon as monies are actually received 4rom the State
(approximately $600, 000) for the two new Bridges and the
El Camino Real/State Hospital street project, mostof that money
will be transferred back to the two funds. At present, the
Capital Projects fund reflects the $600,000 as a rgceivable, per
the Auditors' recommendation.
The Recreation fund is also showing a positive balance, and this
is expected to improve in June. In addition, the Aquatics fund
should break even by the end of this fiscal year. JAlready, the
Pavilion and Park Concession funds are maintainingja current year
surplus, which helps to offset their initial startcup costs.
Only the Zoo Operating fund is still struggling, and staff is
working on strategies to correct this.
General Fund - Figure One
presents the General Fund' s General Fund Revenges by Type
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revenues year-to-date through n FY '1992-93 FY 1991-92
May, 1993. For the sake of
presentation, certain revenues
from Tables Two and Three have
been consolidated.
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As can be seen, Property Taxes wm
are lagging behind last year,
which reflects late payments
by property owners. Sales Tax
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continues to stay ahead of MC—ent YTD Pr 10 YTD
last year. Intergovernmental
is down due to the absence of Figure One
one-time PERS Actuarial gains
• received last year.
Miscellaneous Revenues are down because of one-time;, property
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sales and transfers in FY 91-92. Referring to Table Two,
revenues are slightly behind budget (89% vs. 91% of the year
completed) . Certain revenues are behind budget, such as T.O.T.
(Bed Tax) and Investment Earnings, because they are received •
quarterly.
Figure Two shows year-to-date General Fund Expenditures by Department
expenditures by Department. p FY 1992-93— FY 1991-92
The most noticeable feature is o
that in all categories,
expenditures are down from n�
last year, particularly in
Community Development/Public w�
Works and Community Services.
Transfers Out are dramatically
down because of last year' s =�
payments towards the Pavilion.
Referring to Table Two, ®Current YTO EWIi YTD
overall expenditures are under
budget at this time ( 86% vs. Figure Two
91% ) . However, June' s
expenditures will include three biweekly payrolls, so the extra
cushion will be needed. In addition, it is anticipated that a
final budget adjustment, reflecting the latest revenue
projections and year end expenditures, may be submitted to
Council prior to fiscal year end.
Conclusion - As can be seen, May' s report now includes graphic
presentations, to assist Council and the general public in •
reviewing the City' s monthly financial condition. Additional
graphics will be added as necessary, or as suggested by Council.
As always, staff is available to answer specific questions or to
provide additional detail as requested.
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TABLE ONE: SCHEDULE OF CHANGES IN FUND BALANCE, BY FUND
• 7/1/92 YR-TO-DATE YR-TO-DATE YR-TO-DATE
FUND NAME BALANCE REVENUES EXPENSES BALANCE
General Fund (80,498) 5,791,167 5,608,144 102,525
Gas Tax 347,977 366,140 1,143,652 , (429,535)
Zoo Operations (11,355) 159,938 195,211 (46,629)
Dial-A-Ride (32,515) 254,177 352,484 ; (130,822)
Wastewater 1,798,299 881,642 1,087,502 1,592,439
Park Concession (17,607) 15,466 11,563 (13,704)
Lake Pavilion (19, 568) 44,884 40,633 (15,317)
Aquatics 0 25,744 30,784 (5,040)
Recreation 0 331,137 321,615 9,522
Tree Planting Trust 28,032 8,875 5,140 31,766
Sidewalk Trust 35,586 1,871 0 37,457
A.D. #3 - Debt Service 12,000 6,903 8,521 10,382
A.D. #4 - Debt Service 142,009 114,172 135,145 121,036
A.D. #5 - Debt Service 51,208 38,575 37,692 52,091
C.O.P. Debt Service 222,502 106,037 126,396 202,143
Capital Projects Fund 59,715 2,484,231 2,001,876 542,070
Police Impact Fee (78, 901) 15,696 29,017 (92,222)
Fire Impact Fee 138, 781 49,058 17 187,822
Parks Impact Fee (326, 154) 132,118 40,839 (234,875)
Drainage Impact Fee 321,920 51,530 32,702 340,748
Amapoa-Tecorida Fund 150,045 34,132 4,613 179,564
Streets & Bridges Impact 473,414 97,884 461,231 110,067
• St. Maint. Districts 36,456 3,999 0 40,455
TDA/Non-Transit 819, 164 44,859 344,900 519,123
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TOTALS 4,070,508 11,060,234 12,019,677 3,111,065
NOTES:
1. 7/01/92 Fund Balances are based on the City's audited financial
statements for the fiscal year ending June 30, 1992.
2. The 7/01/92 Fund Balance figures represent either the unreserved
Fund Balance, or in the case of Enterprise Funds, the fund's
Retained Earnings (less Investment in Fixed Assets) . This figure
best represents what is available for use within that particular
fund. Debt service funds include reserves for debt service.
3. Information regarding the COP Debt Service Fund generally lags by
one month, based on when data is received from the Trustee.
4. Source: Income Statement Report by Fund (GLIS) , dated 6/16/93.
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TABLE TWO: BUDGET-TO-ACTUAL COMPARISON, GENERAL FUND ONLY
FY 92-93 BALANCE PCT. OF •
REVENUE/EXPENDITURE BUDGET YR-TO-DATE REMAINING BUDGET
Property Taxes 2,200,000 2,050,124 149,876 93.2%
Sales Tax 1,825,000 1,571,524 253,476 86.1%
Transient Occupancy Tax 110,500 76,124 34,376 68.9%
Franchise Fees 402,000 389,414 12,586 96.9%
Other Taxes 40,050 30,206 9,844 75.4%
Business Licenses 107,000 74,323 32,678 69.5%
Construction Permits 292,400 248,696 43,704 85.1%
Motor Vehicle In-Lieu 812,300 748,467 63,833 92.1%
Other State Subventions 59,400 49,187 10,213 82.8%
Other Intergovernmental 183,700 160,220 23,480 87.2%
Planning & Eng. Fees 84,125 74,935 9,190 89.1%
Other Fees & Charges 37,810 31,198 6,612 82.5%
Fines & Forfeitures 35,400 33,204 2,196 93.8%
Investment Earnings 54,500 41,561 12,939 76.3%
Other Revenues 54,500 48,884 5,616 89.7%
Transfers In 177,500 163,100 14,400 91.9%
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TOTAL REVENUE 6,476,185 5,791,167 685,018 89.4%
Council/Clerk/Treasurer 69,166 63,513 5,653 91.8%
City Attorney 75,000 59,015 15,985 78.7%
City Manager 134,450 117,966 16,484 87.7%
Personnel 60,316 52,989 7,327 87.9%
Police 2,141, 100 1,861,299 279,801 86.9%
Fire 1, 123,700 975,999 147,701 86.9%
Public Works 204,600 187,153 17,447 91.5%
Community Development 566, 385 507,796 58,589 89.7%
Community Services/Admin 31,505 24,364 7,141 77.3%
Parks 323,700 267,484 56,216 82.6%
Building Maintenance 147,885 132,629 15,256 89.7%
Streets 372,425 326,142 46,283 87.6%
Finance 251, 325 224,629 26,696 89.4%
Risk Management 233,780 234,123 (343) 100.1%
Non-Departmental 513, 525 409,365 104, 160 79.7%
Transfers Out 225, 365 163,679 61,686 72.6%
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TOTAL EXPENDITURES 6,474,227 5,608,144 866,083 86.6%
NOTES:
1. Construction Permits revenue includes Plan Check Fees.
2. Budgeted figures were adopted by Council in May, 1993.
3. Source: Income Statement Report/Selective Comparison (GLIS) ,
dated 6%16/93.
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TABLE THREE: PRIOR YEAR COMPARISON, GENERAL FUND ONLY
• CURRENT PRIOR PCT.
REVENUE/EXPENDITURE MONTH YR-TO-DATE YR-TO-DATE CHANGE
Property Taxes 26,625 2,050,124 2,135,069 -4.0%
Sales Tax 142,325 1,571,524 1,523,382 3.2%
Transient Occupancy Tax 0 76,124 75,220 1.2%
Franchise Fees 12,747 389,414 366,365 6.3%
Prop Transfer/Misc Taxes 2,412 30,206 28,503 6.0%
Business Licenses 1,855 74,323 70,090 6.0%
Construction Permits 31,257 248,696 266,284 -6.6%
Motor vehicle In-Lieu 72,849 748,467 736,237 1.7%
Other State Subventions 16,296 49,187 55,717 -11.7%
Other Intergovernmental 19,553 160,220 368,175 -56.5%
Planning & Eng. Fees 2,680 74,935 52,312 43.2%
Other Fees & Charges 2,461 31,198 44,716 -30.2%
Fines & Forfeitures 3,106 33,204 14,586 127.6%
Investment Earnings 269 41,561 36,879 12.7%
Other Revenues 4,328 48,884 208,264 -76.5%
Transfers In 14,375 163, 100 226,658 -28.0%
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TOTAL REVENUE 353,138 5,791,167 6,208,457 -6.7%
Council/Clerk/Treasurer 4,190 63,513 76,892 -17.4%
City Attorney 1,095 59,015 90,826 -35.0%
city Manager 10,318 117,966 121,568 -3.0%
• Personnel 4,795 52,989 97,593 -45.7%
Police 161,546 1,861,299 1,899,760 -2.0%
Fire 103,419 975,999 1,023,729 -4.7%
Public Works 16,006 187,153 336,773 -44.4%
Community Development 36,108 507,796 709,556 -28.4%
Community Services/Admin 2,490 24,364 45,814 -46.8%
Parks 18,971 267,484 336,165 -20.4%
Building Maintenance 7,848 132,629 208,556 -36.4%
Streets 24,838 326,142 366,486 11.0%
Finance 10,929 224,629 244,254 -8.0%
Risk Management 3,325 234, 123 251,203 -6.8%
Non-Departmental 12,419 409,365 570,952 -28.3%
Transfers Out 8,386 163,679 1,044,975 -84.3%
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TOTAL EXPENDITURES 426,684 5,608,144 7,425,102 -24.5%
NOTE: The same footnotes from Table Two apply to Table Three;.
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NOTES TO THE FINANCE DIRECTOR'S REPORT:
1. The numbers in the Treasurer's Report are cash based; this report •
is accrual-based. Thus, the Treasurer's Report measures cash
actually received or spent during the month; this report presents
revenues earned or expenditures incurred, regardless of when
the actual receipt or disbursement occurs. As a result, figures
from the two reports will not always tie-in together.
I, Mark Joseph, do hereby certify that the above information is
accurate and reflects the City's financial position for the
period specified. However, the information in this report is
unaudited, and may therefore be subject to future revisions.
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Mark Josep , Fin ce Director
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• REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-3
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Through: Ray Windsor, Meeting Dater June 22, 1993
City Manager
File Number: CDBG
From: np Doug Davidson, Senior Planner
SUBJECT:
Consideration of a Resolution to formalize agreement of
participation in the "urban county strategy for the federal
Community Development Block Grant (CDBG) program.
RECOMMENDATION•
Adopt Resolution No. 49-93 and direct staff to continue working
with San Luis Obispo County and Cities in order to ,ensure a
timely filing of the application for CDBG funds.
BACKGROUND:
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On May 11, 1993, the City .Council adopted Resolution 34-93, the
Resolution of Intent to participate in the "urban oounty"
strategy for the CDBG federal housing program. Re$olution 34-93
was adopted on the understanding that the agreement}. include the
following:
1. The amount of CDBG funds that the -County would "pass
through" to each metro city would be at least ""equal to the
amount each city would receive if it appliedndividually
for funding;
2 . The metro cities would maintain flexibility and control over
their own grant funds and program implementation; and
3 . The metro cities would receive their full block grant
entitlement, including 20% for administrative 'costs, without
any deduction for County administrative costs#
City staff , including the City Attorney, has reviex*ed the
agreement and found it contains adequate safeguard$ for
Atascadero ' s interests within a cooperative framework.
A workshop was held in Atascadero on May 26, 1993 to gather
community input on low income housing needs. This ,served as the
• North County workshop, in conjunction with similar ;meetings in
the City of San Luis Obispo on May 25th and the South County on
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needs of
May 27th. At the workshop in Atascadero, the housing households,
Latino farmworkers, mobile home park tenants, Y
and low income persons were all presented. These community
housing needs will form the basis efC he County
ty communityerano sing •
Affordability Strategy (CHAS) . Th
the Housing Element, iswillbethe nbrought lpiece of tD
before theCityCouncil in
application. The CHAS ntinud
July or Augustin our
subm ttedeHousingtand Urban to have tDevelopment (HUD)
application pacg
by October 1, 1993.
Attachments Resolution 49-93
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•
000013
RESOLUTION NO. 49-93
• A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO,
CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN
THE CITY AND COUNTY OF SAN LUIS OBISPO ESTABLISHING
JOINT PARTICIPATION IN A COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the County of San Luis Obispo ( "County" ) , a political
subdivision of the State of California, and the City of Atascadero
(City" ) , a municipal corporation, desire to participate in the
Community Development Block Grant (CDBG) program administered by
the U. S. Department of Housing and Urban Development (HUD) ; and
WHEREAS, said program will promote the public health, safety
and welfare by providing grant funds to be used by the City and
County ( "parties" ) to improve housing opportunities for low- and
moderate-income households, to encourage economic reinvestment, to
improve community facilities and public services, and to provide
other housing-related facilities or services; and
WHEREAS, to qualify for CDBG funds under HUD eligibility
guidelines, the County must have a population of at least 200, 000
persons; and
WHEREAS, the City, as part of the federally designated "San
• Luis Obispo - Atascadero - Paso Robles Metropolitan Area" , wishes
to defer its entitlement status to the County for the mutual
benefit of both jurisdictions; and
WHEREAS, HUD requires that the parties enter into a
cooperation agreement to define their rights and obligations as a
prerequisite of participation in the CDBG program; ;
THEREFORE, BE IT RESOLVED BY THE ATASCADERO CITY COUNCIL AS
FOLLOWS:
Section 1 . Findings .
1 . The proposed Cooperation Agreement is consistent with the
general plan and with City and County policies
encouraging cooperation between agencies on issues of
regional significance such as affordable housing.
2 . The proposed Cooperation Agreement will promote the
public health, safety and welfare by enabling the City
and County to participate in the U. S . Department of
Housing and Urban Development ' s Community Development
Block Grant Program under an "urban county" entitlement;
thus making available funds for a variety of housing,
economic development, and public services programs not
otherwise available.
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Resolution 49-93
Page Two •
3 . The Parties intend to adopt a Memorandum of Understanding
which will establish administrative policies and
procedures, performance standards, and guidelines for
block grant program implementation by the County and
participating cities.
4 . The proposed Cooperation Agreement is not a "project" for
purposes of compliance with the provisions of the
California Environmental Quality Act and the City' s
Environmental Guidelines.
Section 2 . Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b) , et. seq. ,
the City Council hereby authorizes the Mayor to enter into a
cooperation agreement, Exhibit "A" , with the County to enable
joint participation in the Community Development Block Grant
program U. S. Department of Housing and Urban Development
(HUD) .
Section 3 . City Administrative Officer authorized to act for
City. The City Manager, the City' s Administrative Officer, is
hereby authorized to act on behalf of the City in connection
with the implementation of the agreement, on-going operation
of the Community Development Block Grant Program, and other •
activities necessary to carry out the intent of the agreement.
Section 4 . Public Notice. A summary copy of this resolution,
together with the ayes and noes, shall be published at least
once in full, within 10 days after its adoption, in the
Atascadero News, a newspaper published and circulated in the
City. A copy of the full text of this resolution shall be on
file in the office of the City Clerk and shall be available to
any interested member of the public.
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
By: •ROBERT P. NIMMO, Mayor
000015
Resolution No. 49-93
• Page Three
ATTEST:
LEE RABOIN, City Clerk
APPROVED:
City Administrative Officer
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
• Community Development Director
•
000016
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF
SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR •
JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR FISCAL YEARS 1994 THROUGH 1996
THIS AGREEMENT is made and entered into this day of—
f 1993, by and between the County of San Luis Obispo, a
political subdivision of the State of California, hereinafter
called "County" ; and the City of Atascadero, a municipal corp-
poration of the State of California, located in the County of San
Luis Obispo, hereinafter called "City" ; jointly referred to as
"Parties. "
W I T N E S S E T H
WHEREAS, In 1974, the U. S. Congress enacted and the
President signed a law entitled, The Housing and Community
Development Act of 1974, herein called the "Act" . Said Act is
omnibus legislation relating to Federal involvement in a wide range
of housing and community development activities and contains eight
separate titles;
WHEREAS, Title I of the Act is entitled "Community
Development" and consolidates several existing categorical programs
for housing and community development into new programs for such
housing and development under block financial grants . The primary
objectives of Title I are the improvement and development of •
metropolitan cities and urban counties or communities by providing
financial assistance annually for area-wide plans and for housing,
public services and public works programs;
WHEREAS, The City of Atascadero has been designated as an
entitlement city by the U. S. Department of Housing and Urban
Development (HUD) , and it has been determined that the City is
eligible to receive Community Development Block Grant (CDBG or
"program" ) funds under HUD guidelines;
WHEREAS, The County of San Luis Obispo has requested of HUD
that the County be designated as an "urban county" , and County has
been informed preliminarily, subject to final determination, that
it will qualify as an urban county and be eligible to receive
program funds provided that the County' s entitled cities defer
their entitlement to County to enable both the County and the
entitlement cities to jointly participate in the program;
WHEREAS, The City desires to participate jointly with the
County in said program, and is willing to defer its entitlement to
the County under the terms of this agreement;
WHEREAS, The Housing and Community Development Block Grant
Regulations issued pursuant to the Act provide that qualified urban
counties must submit an application to the Department of Housing •
and Urban Development for funds and that cities and smaller
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Cooperation Agreement
• Page Two
communities within the metropolitan area not qualifying as
metropolitan cities may join the County in said application and
thereby become a part of a more comprehensive county effort;
WHEREAS, As the urban county applicant, the County must take
responsibility and assume all obligations of an applicant under
federal statutes, including: the analysis of needs, the setting of
objectives, the development of community development and housing
assistance plans, the community development program, and the
assurances or certifications;
WHEREAS, By executing this agreement, the Parties hereby give
notice of their intention to participate in an Urban County
Community Development Block Grant program.
NOW THEREFORE, in consideration of the mutual promises,
recitals and other provisions hereof, the parties agree as follows:
SECTION I . General .
A. Responsible Officers. The Administrator of the County of
San Luis Obispo ( "Administrator" ) is hereby authorized to act as
applicant for the Community Development Block Grant Program and
• to administer block grant funding and activities under the
program. The City Administrative Officer ( "CAO" ) is hereby
authorized to act as the responsible officer of the City under
the program.
B. Full Cooperation. Parties agree to fully cooperate or to
assist each other in undertaking eligible grant programs or
projects, including but not limited to community renewal and
lower income housing assistance activities, public services, and
economic development.
C. Term of Agreement. The term of this Agreement shall be
for not less than a period of three (3) years commencing on the
date specified below and extending through federal fiscal years
1994, 1995, and 1996, and remains in effect until the CDBG (and
HOME, where applicable) funds and income received with respect
to the three-year qualification period are expended and the
funded activities are completed. The Parties may not terminate
or withdraw from the agreement while the agreement remains in
effect .
D. Scope of Agreement. This agreement covers both the CDBG
Entitlement Program and, where applicable (i.e. , where the urban
county receives funding under the HOME program as a
participating jurisdiction or as a member of a HOME consortium) ,
• the HOME Investment Partnership Program.
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Corporation Agreement
Page Three •
SECTION II . Preparation and Submittal of CDBG Funding
Applications.
A. Inclusion of City as Applicant. Parties agree that City
shall be included in the application the County shall submit to
the Department of Housing and Urban Development for Title I
Housing and Community Development Block funds under the above
recited Act.
B. Community Development Plan. City shall prepare a
community development plan, for the period of this agreement,
which identifies community development and housing needs,
projects and programs for the City; and specifies both short-
and long-term City objectives, consistent with requirements of
the Act. County agrees to: ( 1) include the City plan in the
program application, and (2) include City' s desired housing and
community development objectives, policies, programs, projects
and plans as submitted by City in the County' s program
application.
C. Preparation of "CHAS. " City agrees to assist and co-
operate with County in the preparation of a Comprehensive
Housing Affordability Strategy (CHAS) , as required by HUD, by
providing the housing, economic and demographic data, community •
development objectives, policies, programs, plans and other
relevant city information reasonably necessary for the timely
and thorough completion of the CHAS.
D. Application Submittal. County agrees to commit sufficient
resources to completing and submitting the CDBG application,
CHAS, and supporting documents to HUD 'in time for the Parties to
be eligible to receive funding by July 1994, and to hold public
hearings as required to meet HUD requirements .
E . County Responsibility. Parties agree that the County
shall , as applicant, be responsible for holding public hearings
and preparing and submitting the CDBG funding application and
supporting materials in a timely and thorough manner, as
required by the Act and the federal regulations established by
HUD to secure entitlement grant funding by July 1994 .
F . Grant Eligibility. In executing this agreement, the
Parties understand that they shall not be eligible to apply for
grants under the Small Cities or State CDBG Programs for
appropriations for fiscal years during the period in which the
Parties are participating in the urban county' s CDBG entitlement
program; and further, the City shall not be eligible to
participate in a HOME consortium except through the urban
county, regardless of whether the urban county requires a HOME •
formula allocation.
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Cooperation Agreement
• Page Four
SECTION III . CDBG Program Administration.
A. Program Authorization. County Administrator is hereby
authorized to carry out activities which will be funded from the
annual Community Development Block Grant from federal fiscal
year 1994, 1995, and 1996 appropriations and from any program
income generated from the expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the
County shall be the governmental entity required to execute any
grant agreement received pursuant to the CDBG application, and
that County shall thereby become legally liable and responsible
thereunder for the proper performance of the plana and program.
City agrees to act in good faith and with due diligence in
performance of City obligations and responsibilities under this
agreement and under all subrecipient agreements . City further
agrees that it shall fully cooperate with the County in all
things required and appropriate to comply with the, provisions of
any Grant Agreement received by the County pursuant to the Act
and its Regulations .
C. City Assistance. City agrees to undertake, conduct,
perform or assist the County in performing the essential
• community development and housing assistance activities
identified in the City' s community development plan. Pursuant
to the Act and pursuant to 24 CFR 570.501 (b) , the unit of local
government is subject to the same requirements ;applicable to
subrecipients, including entering into a written agreement with
the County as set forth in 24 CFR 570 . 50.
SECTION IV. Use of Program Funds.
A. Allocation of funds . All funds received by County pur-
suant to this agreement shall be identified and 'allocated, as
described below, to the specific projects or activities set out
in the application, and such allocated amounts shall be expended
exclusively for such projects or activities; provided, however,
that a different distribution may be made when required by HUD
to comply with Title I of the Housing and Community Development
Act of 1974 , as amended.
1) Metropolitan Cities' Allocation. Parties agree that
County shall "pass through" the allocated funds to City as
subrecipient within 30 days of receipt by County', in an amount
equal to that to which City would have been entitled had it
applied separately as a "metropolitan city" , as determined by
HUD, and that no "administrative" fee or other fees will be
deducted by County to meet its obligations under the terms of
this agreement . Further, with respect to such "pass through"
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Cooperation Agreement
Page Five •
funds, County agrees to fully cooperate and assist City in
implementing City projects and activities .
2) Non-Metropolitan Cities' Allocation. County agrees to
allocate a portion of program funds to the non-Metropolitan,
incorporated cities participating in the program. Amount of
allocation per city shall not be less than ' 12 .50 percent of
the Net County Funding. "Net County Funding" shall mean the
total program funds allocated annually by HUD, less the
Metropolitan Cities ' (Atascadero, El Paso De Robles, San Luis
Obispo) allocation as described above, and less the County' s
general administrative costs as allowed by HUD regulations .
At the non-Metropolitan cities ' option, their program
allocation may be met "in-kind" by County implementation of
eligible programs or projects of equivalent cost within each
non-Metropolitan city' s corporate limits .
3) Special Urban Projects Fund. It is further agreed that
County shall set aside a portion of Net County Funding as a
Special Urban Projects Fund, available to all incorporated
cities in San Luis Obispo County on a competitive basis.
Amount of the Fund shall equal fifteen ( 15) percent of Net
County Funding. The Special Fund shall be awarded annually by
the County Board of Supervisors, following criteria developed •
jointly by County and the cities participating in the program.
B. Administrative and Public Services Costs. County hereby
acknowledges that City, as subrecipient, incurs certain adminis-
trative costs in preparing housing and economic development
plans , program planning, management and accounting, professional
support services, and other reasonable and necessary expenses to
carry out City' s plan; and further, County agrees that after
"pass through" of program funds to City, County shall not use
its remaining balance of funds in any way that would limit
City' s ability to use its CDBG funds to the maximum extent
allowed by HUD for administrative, public service, or program
purposes .
C. Income Generated. City shall notify the County of any
income generated by the expenditure of CDBG funds received by
the City. Such program income may be retained by City subject
to the provisions of this Agreement, the Act and its
Regulations . Any program income retained must only be used for
eligible activities in accordance with all CDBG requirements as
then apply.
D. Use of Program Income. County shall monitor the use of
any program income, requiring appropriate record-keeping and
reporting by the City as may be needed for this purpose, and •
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Cooperation Agreement
• Page Six
shall report the use of such program income to HUD. In the
event of close-out or change of status of the City, all program
income on hand or received by the City subsequent to the
close-out or change of status shall be paid to the County.
E. Change in Use of Property. City shall notify the County
of any modification or change in the use of real property
acquired or improved in whole or in part using CDBG funds that
is within the control of the City, from that use ';planned at the
time of acquisition or improvement including disposition. Such
notification shall be made within thirty (30) I days of such
change of use.
F. Reimbursement Upon Sale or Transfer. City shall reimburse
the County in an amount equal to the current fair market value,
less any portion thereof attributable to expenditures of
non-CDBG funds, of property acquired or improved with CDBG funds
that is sold or transferred for a use which does not qualify
under the Regulations . City shall inform the County of such
program income within thirty ( 30) days if the income results
from the sale or change of use of property acquired or improved
with CDBG funds .
G. Fair Housing. Parties agree that no urban county funding
• will be expended for activities in or in support of any
cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction
or that impedes the County' s actions to comply with its fair
housing certification.
H. Conflict Resolution. In the event of disagreement or
objections by City or County as to the allocation, disbursement,
use, or reimbursement of CDBG funds, the Parties agree to accept
HUD ' s binding arbitration and written determination as to the
appropriate resolution or disposition of funds .
SECTION V. Amendment or Extension of Agreement.
A. Supplemental Statement. It is anticipated that the
program application will be approved prior to July 1, 1994 and
be in effect through July 1, 1997 . For each fiscal year during
the term of this Agreement, County and City shall enter into a
Supplemental Statement, prepared jointly by County and City,
that will list the project(s) City will undertake with its
entitlement funds during that program year. Said ;agreement will
set forth the project changes, time schedule for completion of
the project( s ) , and additional funding sources, if any.
B . Amendments . Parties agree that a fully executed amendment
or amendments to this Agreement may be entered into at any time
• if required or necessary to implement the plans contemplated
000022,
Cooperation Agreement
Page Seven •
hereunder, or to comply with any grant agreement or the
regulations issued pursuant to the Act.
SECTION VI . Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to
comply with the urban county' s certification required by section
104(b) of Title I of the Housing and Community Development Act
of 1974, as amended, including Title VI of the Civil Rights Act
of 1964, and Title VIII of the Civil Rights Act of 1968; the
Fair Housing Act; Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended; the National
Environmental Policy Act of 1969; the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970;
and other applicable laws.
B. Citizen Participation. Parties agree to comply with
federal citizen participation requirements of 570. 301 (a) (2 ) ,
and provide citizens with:
1 . An estimate of the amount of CDBG funds proposed to be
used for activities that will benefit persons of low and
moderate income; and
2 . A plan for minimizing displacement of persons as a result •
of CDBG-assisted activities and programs, and to provide
assistance to such persons .
C. Citizen Participation Plan. Parties agree to follow a
citizen participation plan which:
1 . Provides for and encourages citizen participation,
particularly those of low or moderate income who reside
in slum or blighted areas where CDBG funds are proposed
to be used;
2 . Provides citizens with reasonable and timely access to
local meetings, staff reports and other information
relating to grantee ' s proposed use of funds, as required
by HUD regulations related to the actual use of funds
under the Act;
3 . Provides for public hearings to obtain citizen views and
to respond to proposals and questions at all stages of
the community development program, including at least:
1 ) formulation of needs; 2 ) review of proposed grant
activities; and 3 ) review of program performance; for
which public hearings shall be held after adequate
notice, at times and locations convenient to potential or .
000023
Cooperation Agreement
• Page Eight
actual beneficiaries, and with accommodation for
handicapped persons;
4 . Provides for a timely written answer to written com-
plaints and grievances, within 30 working days where
practicable;
5 . Identifies how the needs of non-English, speaking
residents will be met in the case of public hearings
where a significant number of non-English speaking
residents can be reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and
belief, that:
1 . Conflict of Interest. No federal grant monies have
been paid or will be paid, by or on behalf of the Parties,
to any officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any federal contract, the making; of any federal
grant, the making of any federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
• renewal, amendment or modification of any federal contract,
grant, loan, or cooperative agreement.
2 . Influence. If any funds other than federally appropri-
ated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant,
loan or cooperative agreement, the undersigned shall
complete and submit standard form LLL, "Disclosure Form to
Report Lobbying, " in accordance with its instructions .
3 . Certification Disclosure. Parties agree to include
this certification in the award documents for all subawards
at all tiers ( including subcontracts, subgrants, and con-
tracts under grants, loans, and cooperative agreements) ,
and that all grant subrecipients shall certify and disclose
accordingly. This certification is a material representa-
tion of fact upon which reliance was placed when this
transaction was entered into.
E. Certification Regarding Policy Prohibiting Use of
Excessive Force .
In accordance with Section 519 Public Law'; 101-144, (the
•
1990 HUD appropriations Act) , the Parties certify that they
have adopted and are enforcing applicable State and local
0000''/-1
Cooperation Agreement
Page Nine •
laws against physically barring entrance to or exit from a
facility or location which is the subject of non-violent
civil rights demonstrations within their jurisdictions .
SECTION VII . Execution of Agreement and Recordkeeping
A. HUD Certification. The CAO or the City Attorney are hereby
authorized to execute and submit to the County the HUD
Certification Form with respect to the community development
activities carried out within the boundaries of the City. It is
further understood that the County will rely upon the
certifications executed by the CAO or City Attorney for purposes
of executing a certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of
activities or any projects undertaken pursuant to the program,
and said records shall be open and available for inspection by
auditors assigned by HUD and/or County on reasonable notice
during the normal business hours of the City.
IN WITNESS WHEREOF, the City Council of the City of Atascadero
and the Board of Supervisors of the County of San Luis Obispo
have authorized this Cooperation Agreement and direct its •
execution by their respective chief administrative officers on
this day of . 1993 .
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms
and provisions of this Agreement are full authorized under State nd
local law, and that the Agreement provides full legal authority for
the County to undertake or assist in undertaking essential com-
munity development and housing assistance activities, specifically
urban renewal and public assisted housing.
By:
County Counsel
COUNTY OF SAN LUIS OBISPO
By:
Chairman of the Board of Supervisors
•
000025
Cooperation Agreement
• Page 10
ATTEST:
MITCH COONEY, County Clerk
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
RAY WINDSOR, City Administrative Officer
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
• ATTEST:
LEE RABOIN, City Clerk
I
•
000026
a
f
I
REPORT TO CITY COUNCIL MeetingyDate:6-22-93
CITY OF ATASCADERO Agenda Item: B-4(A)
Through: Ray Windsor, City Manager
Via: Henry Engen, Director of Community De4elopment
From: Valerie Humphrey, Engineering Division
SUBJECT:
Assessment District 13 - Marchant Way
I
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 51-92 for
the placement of the annual assessment charge for District 3 on the
property taxes for Fiscal Year 1993-94.
BACKGROUND•
Assessment District No. 3 was formed in 1986 to provide
• sanitary sewer service to a Cease and Desist Area located at the
southwest end of Atascadero Lake along Marchant Way.
After construction each parcel was assessed $41'50 for the cost
of the sewer service extension. At that time residents were given
the option to pay the assessment up front or to male payments for
a period of 15 years at 6% interest. This charge is the sixth
installment on that assessment.
FISCAL IMPACT:
This District was funded by using the remaining FmHA monies
left over after completion of the new Wastewater Treatment Plant.
These annual assessments go toward repayment of thalt loan.
Attachment:
Resolution No. 51-93 w/attachment
k
0O00'.'7
RESOLUTION NO. 51-93
RESOLUTION OF THE COUNCIL OF THE CITY OF •
ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 3 (MARCHANT WAY) ON THE PROPERTY TAXES FOR
THE 1993-94 FISCAL YEAR
WHEREAS, Improvement District No. 3 was formed by Resolution
3-86 of the Atascadero County Sanitation District Board on January
13, 1986; and
WHEREAS, Improvement District No. 3 was annexed into the
Atascadero County Sanitation District by Resolution 4-86 of the
Board on January 13 , 1986; and
WHEREAS, the Atascadero County Sanitation District has
subsequently been dissolved; and
WHEREAS, the City of Atascadero has absorbed the former
District into the Wastewater Division of the Department of Public
Works, giving the City Council all of the powers and fiscal
responsibilities of the former District.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . The adoption of this resolution authorizes the •
collection of the assessment for the fiscal year commencing on the
1st day of July 1993 and ending on the 30th days of June, 1994,
said assessments as listed on attached Exhibit A.
Section 3 . The assessment has been determined to be $4150. 00
per parcel to be paid at an interest rate of 6% per year for a term
of 15 years, said yearly assessment to be $428.00.
Section 4 . The City Clerk is hereby ordered and directed to
file a certified copy of the diagram and assessment roll with the
County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 5 . The City Clerk is hereby further ordered and
directed to file a certified copy of the assessment roll with the
County Tax Collector, together with a certified copy of this
Resolution upon its adoption.
on motion by Councilmember and seconded by
Councilmember ' the foregoing resolution is adopted
in its entirety on the following roll call vote:
00001A!8
Resolution No. 51-93
• page two
AYES:
NOES:
ABSENT:
DATE:
ATTEST: CITY OF ATASCIADERO
LEE RABOIN, City Clerk ROBERT NIMMO, ';Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
• HENRY ENGEN
Director of Community Development
•
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REPORT TO CITY COUNCIL Meeting Date: 6-22-93
• CITY OF ATASCADERO Agenda Item: B-4(B)
Through: Ray Windsor, City Manager
via: Henry Engen, Director of Community Development
From: Valerie Humphrey,p y, En gineerinq Divsio��
3
SUBJECT:
i
Assessment District 14 (Seperado-Cayucos) Ann*al Payment
RECOMMENDATION:
Staff recommends that Council adopt attached resolution 52-
93 authorizing the placement of the annual assessment charge for
Assessment District #4 on the property taxes for Fi�cal Year 1993-
94 .
BACKGROUND:
Assessment District #4 was formed pursuant to' the Municipal
• Improvement Act of 1913 and bonds issued under thef provisions of
the Bond Act of 1915.
The bonds have been issued to represent unpaid *ssessments and
the payment terms have been set. Repayment will b4 over a period
of 20 years at an average interest rate of 7. 306%.
There was a period established- for the payment of the
assessment prior to the market of the bonds and approximately 14
of the property owners paid at that time. 3The remaining
assessments were marketed by Security Pacific Marketing. This
charge represents the sixth installment on the Payment of the
bonds.
FISCAL IMPACT:
Project costs to be assessed were paid 100% by the bonds
issued. City participation items will be reimburse4 as additional
properties annex into this Improvement District.
Attachment:
Resolution No: 52-93 w/attachment
000031
RESOLUTION NO. 52-93 •
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 4 (SEPERADO-CAYUCOS) ON THE PROPERTY TAXES FOR
FISCAL YEAR 1993-94
WHEREAS, the Council of the City of Atascadero adopted
Resolution 70-86 declaring its intention 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 construction of public improvements known as
"City of Atascadero Improvement District No. 4 (Seperado-Cayucos";
and
WHEREAS, the City Clerk has filed in the office of the San
Luis Obispo county Recorder a notice of assessment and said
assessment has become a lien upon the land on which it was levied;
all pursuant to the Municipal Improvement Act of 1913; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero, as follows:
Section 1. The foregoing recitals are true and correct and •
this Council so finds and determines.
Section 2 . Serial Bonds representing unpaid assessments have
been issued in the manner provided by Division 10 of the Streets
and Highways Code and the Improvement Bond Act of 1915.
Section 3 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on the
1st day of July 1993 and ending on the 30th day of June, 1994, said
assessments as listed on attached Exhibit A.
Section 4 . The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County
Auditor, together with a certified copy of this Resolution upon its
adoption.
Section 5. The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County Tax
Collector, together with a certified copy of this Resolution upon
its adoption.
•
00003A-
• Resolution No. 52-93
page two
On motion by Councilperson and seconded by
Councilperson the foregoing resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
DATE:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO,, Mayor
• APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000033
C
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAB YEAR 1993-94 /// /�'jf�
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
I. SEPERADO AREA
Assessment per Benefit Unit: $363.06
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
-'-------------
028 - 051 -030 1 363.06
028 - 051 -031 1 363.06
028 - 051 -035 1 363.06
028 - 051 -042 1 363.06
028 - 051 -043 1 363.06
028 - 051 -045 1 363.06
028 - 051 -049 1 363.06
028 - 051 -050 1 363.06
028 - 051 -051 1 363.06
028 - 051 -052 1 363.06
028 - 052 -001 1 363.06 �f
028 - 052 -006 1 363.06
028 - 052 -009 1 363.06
028 - 052 -013 1 363.06
028 - 052 -014 1 363.06
028 - 052 -017 1 363.06
028 - 052 -018 1 363.06
028 - 052 -019 1 363.06
028 - 052 -031 1 363.06
028 - 052 -032 1 363.06
028 - 052 -033 1 363.06
028 - 052 -034 1 363.06
028 - 052 -035 1 363.06
028 - 052 -037 1 363.06
028 - 061 -013 1 363.06
028 - 061 -016 1 363.06
028 - 061 -017 1 363.06
028 - 061 -018 1 363.06
028 - 061 -019 1 363.06
028 - 061 -020 1 363.06
028 - 061 -021 1 363.06
028 - 061 -022 1 363.06
028 - 061 -023 1 363.06
028 - 061 -027 2 726.11
028 - 061 -028 1 363.06
028 - 061 -036 1 363.06
028 - 061 -037 1 363.06
028 - 061 -043 1 363.06
028 - 062 -001 1 363.06
028 - 062 -002 1 363.06
028 - 062 -006 1 363.06
028 - 062 -012 1 363.06
028 - 062 -014 1 363.06
028 - 062 -015 1 363.06
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAX YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
I. SEPERADO AREA
Assessment per Benefit Unit: $363.06
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
028 - 062 -017 1 363.06
028 - 062 -018 1 363.06
028 - 062 -020 1 363.06
028 - 062 -021 2 726.11
028 - 062 -024 1 363.06
028 - 062 -025 1 363.06
028 - 062 -026 1 363.06
028 - 062 -027 1 363.06
028 - 062 -028 1 363,06
028 - 062 -029 1 363.06
028 - 062 -031 1 363.06
028 - 062 -032 1 363.06
028 - 062 -036 1 363.06
028 - 062 -038 1 363.06
028 - 062 -039 1 363.06
028 - 062 -041 i 363,06
028 - 071 -012 1 363.06
028 - 141 -002 1 363.06
028 - 141 -003 1 363.06
028 - 141 -004 1 363.06
028 - 141 -005 1 363.06
028 - 141 -009 1 363.06
028 - 141 -010 1 363.06
028 - 141 -020 1 363.06
028 - 141 -021 1 363.06
028 - 141 -029 1 363.06
028 - 141 -032 1 363.06
028 - 141 -033 1 363.06
028 - 151 -003 1 363.06
028 - 151 -004 1 363.06
028 - 151 -005 1 363.06
028 - 151 -006 1 363.06
028 - 151 -010 1 363.06
028 - 151 -011 1 363.06
028 - 151 -012 1 363.06
028 - 151 -013 1 363.06
028 - 151 -016 1 363.06
028 - 151 -017 1 363.06
028 - 151 -018 1 363.06
028 - 151 -020 1 363.06
028 - 151 -023 1 363.06
028 - 151 -024 1 363.06
028 - 151 -025 1 363.06
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAX YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
I. SEPERADO AREA
Assessment per Benefit Unit: $363.06
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
028 - 151 -026 1 363.06
028 - 151 -028 1 363.06
028 - 151 -029 1 363.06
028 - 151 -030 1 363.06
028 - 151 -032 1 363.06
028 - 151 -033 1 363.06
028 - 151 -035 1 363.06
028 - 151 -037 1 363.06
028 - 151 -042 1 363.06
028 - 151 -043 1 363.06
028 - 151 -045 1 363.06
028 - 151 -046 1 363.06
028 - 151 -048 1 363.06
028 - 151 -050 1 363.06
028 - 151 -051 1 363.06
028 151 -052 1 363.06
028 - 151 -053 1 363.06
028 151 -054 1 363.06
028 - 151 -055 1 363.06
028 - 151 -056 1 363.06
028 - 151 -057 1 363.06
028 - 151 -058 1 363.06
028 - 151 -059 1 363.06
028 - 151 -060 1 363.06
028 - 152 -006 1 363.06
028 - 152 -007 1 363.06
028 - 152 -008 1 363.06
028 - 152 -009 1 363.06
028 - 152 -010 1 363.06
028 - 152 -011 1 363.06
028 - 152 -013 1 363.06
028 - 152 -015 1 363.06
028 - 152 -019 1 363.06
028 - 152 -020 1 363.06
028 - 152 -024 1 363.06
028 - 152 -029 1 363.06
028 - 152 -030 1 363.06
028 - 152 -040 1 363.06
028 - 152 -042 1 363.06
028 - 152 -043 1 363.06
028 - 152 -044 1 363.06
028 - 152 -045 1 363.06
028 - 152 -046 1 363.06
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAB YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
I. SEPERADO AREA
Assessment per Benefit Unit: $363.06
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
028 - 152 -048 1 363.06
028 - 152 -049 1 363.06
028 - 152 -050 1 363.06
028 - 152 -051 1 363.06
028 - 152 -055 1 363.06
028 - 152 -056 1 363.06
028 - 152 -060 1 363.06
028 - 152 -062 1 363.06
028 - 152 -064 2 726.11
028 - 152 -065 1 363.06
028 - 152 -066 1 363.06
028 - 152 -067 1 363.06
028 - 152 -068 1 363.06
028 - 152 -069 1 363.06
028 - 161 -001 1 363.06
028 - 161 -003 1 363.06
028 - 161 -006 1 363.06
028 - 161 -014 1 363.06
028 - 161 -015 1 363.06
028 - 161 -021 1 363.06
028 - 161 -022 1 363.06
028 - 261 -004 1 363.06
028 - 261 -026 1 363.06
028 - 261 -027 1 363.06
028 - 261 -028 1 363.06
028 - 261 -029 1 363.06
028 - 261 -030 1 363.06
028 - 261 -034 1 363.06
028 - 292 -001 1 363.06
028 - 292 -005 1 363.06
028 - 292 -014 1 363.06
028 - 292 -015 1 363.06
--------------------
SEPERADO TOTALS: 165 59,904.47
No. of Assessees: 162
•
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAS YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
II. CAYUCOS AREA
Assessment per Benefit Unit: $422.20
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
029 - 012 -003 1 422.20
029 - 012 -010 1 422.20
029 - 012 -011 1 422.20
029 - 012 -013 1 422.20
029 - 012 -015 1 422.20
029 - 012 -020 1 422.20
029 - 012 -021 1 422.20
029 - 021 -007 1 422.20
029 - 021 -008 1 422.20
029 - 021 -012 1 422.20
029 - 021 -014 1 422.20
029 - 022 -001 1 422.20
029 - 022 -002 1 422.20
029 - 022 -003 1 422.20
029 - 022 -005 1 422.20
029 - 022 -006 1 422.20
029 - 022 -010 1 422.20
029 - 022 -018 1 422.20
029 - 022 -019 1 422.20
029 - 022 -021 2 844.41
029 - 022 -023 1 422.20
029 - 022 -026 1 422.20
029 - 023 -001 1 422.20
029 - 023 -007 1 422.20
029 - 023 -010 1 422.20
029 - 023 -011 1 422.20
029 - 024 -014 1 422.20
029 - 024 -017 1 422.20
029 - 024 -019 1 422.20
029 - 211 -001 1 422.20
029 - 211 -002 1 422.20
029 - 211 -004 1 422.20
029 - 211 -007 1 422.20
029 - 211 -008 1 422.20
029 - 211 -009 1 422.20
029 - 211 -012 2 844.41
029 - 211 -013 1 422.20
029 - 211 -015 1 422.20
029 - 211 -016 1 422.20
029 - 211 -018 1 422.20
029 - 211 -019 1 422.20
029 - 211 -020 1 422.20
029 - 211 -025 1 422.20
029 - 211 -028 1 422.20
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAR YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
II. CAYUCOS AREA
Assessment per Benefit Unit: $422.20
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
---------------------------
029 - 211 -029 1 422.20
029 - 211 -030 1 422.20
029 - 211 -031 1 422.20
029 - 211 -032 1 422.20
029 - 212 -009 1 422.20
029 - 212 -010 1 422.20
029 - 212 -012 1 422.20
029 - 212 -014 1 422.20
029 - 212 -020 1 422.20
029 - 212 -024 1 422.20
029 - 221 -006 1 422.20
029 - 221 -007 1 422.20
029 - 221 -008 1 422.20
029 - 221 -009 1 422.20
029 - 221 -010 1 422.20
029 - 221 -011 1 422.20
029 - 221 -013 1 422.20
029 - 222 -009 1 422.20
029 - 222 -010 1 422.20
029 - 222 -011 1 422.20
029 - 222 -012 1 422.20
029 - 222 -013 1 422.20
029 - 222 -014 1 422.20
029 - 222 -015 1 422.20
029 - 222 -016 1 422.20
029 - 222 -018 1 422.20
029 - 222 -019 1 422.20
029 - 222 -020 1 422.20
029 - 222 -021 1 422.20
029 - 222 -022 1 422.20
029 - 222 -025 2 844.41
029 - 222 -033 1 422.20
029 - 223 -001 1 422.20
029 - 223 -003 1 422.20
029 - 223 -004 1 422.20
029 - 223 -005 1 422.20
029 - 223 -008 1 422.20
029 223 -009 1 422.20
029 - 223 -010 1 422.20
M
CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAX YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
II. CAYUCOS AREA
Assessment per Benefit Unit: $422.20
BENEFIT ASSESSMENT
A.P.N. NUMBER UNITS AMOUNT
029 - 223 -011 1 422.20
029 - 223 -012 2 844.41
029 - 272 -013 1 422.20
029 - 272 -023 1 422.20
-------------------
CAYUCOS TOTALS: 91 38,420.53
No. of Assessees: 87
s
•
• CITY OF ATASCADERO
SCHEDULE OF INDIVIDUAL ASSESSMENTS FOR TAX YEAR 1993-94
A.D.#4 SEPERADO-CAYUCOS ASSESSMENT DISTRICT
III. CALCULATION OF ASSESSMENTS REQUIRED
SEPARADO CAYUCOS TOTAL
Total Funds Borrowed: 650,180.37 417,001.92 1,067,182.29
Percent Distribution: 60.92% 39.088 100.00%
Payments To Be Made:
Interest, 3/94 18,528.80 11,883.70 30,412.50
Principal, 9/94 24,369.98 15,630.02 40,000.00
Interest, 9/94 18,528.80 11,883.70 30,412.50
------------------------------------
TOTALS 611427.59 39,397.41 100,825.00
Allowance for Interest (1,523.12) (976.88) (2,500.00)
------------------------------------
TOTAL COSTS PER AREA/DISTRICT 59,904.47 38,420.53 98,325.00
Outstanding Assessment Benefit Units 165 91
-----------------------
ASSESSMENT PER BENEFIT UNIT $363.06 $422.20
•
i
REPORT TO CITY COUNCIL AGENDA ITEM: B-4(C)
• CITY OF ATASCADERO MEETING DAT4: 6-22-93
Through: Ray Windsor, City Manager
via: Henry Engen, Director of Community Development
From: Valerie Humphrey, Engineering Division},
SUBJECT:
Assessment District No. 5 - Chandler Ranch - Annual Payment
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 53-93 for
the placement of the annual assessment charge for District 5 on the
property taxes for Fiscal Year 1993-94.
BACKGROUND:
Assessment District No. 5 was formed in 1988 atr the request of
the property owners. The intent of the District was', to improve the
• roads to a standard acceptable to the City and to offer said roads
for acceptance into the city-maintained system. These roads were
accepted in July of 1990.
There was a period established for payment of1the assessment
prior to the marketing of bonds and approximately 30% of the
property owners paid at that time. The remaining a3sessments were
marketed by Security Pacific Marketing. , This charge represents the
fourth installment on these five year bonds.
FISCAL IMPACT•
Project costs will be paid 100% by the cash payment of
assessments and bonds marketed.
Attachment:
Resolution No. 53-93 w/attachment
g
0000;3;
RESOLUTION NO. 53-93
RESOLUTION OF THE COUNCIL OF THE CITY OF •
ATASCADERO PLACING THE ANNUAL PAYMENT FOR
ASSESSMENT DISTRICT NO. 5 (CHANDLER RANCH)
ON THE PROPERTY TAXES FOR THE 1993-94 FISCAL YEAR
WHEREAS, Assessment District No. 5 was initiated by the
property owners for the purpose of improving their roads to a
standard acceptable to the City of Atascadero; and
WHEREAS, the Council of the City of Atascadero adopted
Resolution 92-88 declaring its intention to undertake proceedings
pursuant to the Municipal Improvement Act of 1913 and to issue
bonds in said proceedings under the provisions of the Improvement
Bond Act of 1915, for the construction of improvements known as
"City of Atascadero Assessment District No. 5 (Chandler Ranch) ";
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows:
Section 1. The foregoing recitals are true and correct and
this Council so finds and determines.
Section 2 . Notices were mailed to each person owning property
in the City of Atascadero Assessment District #5 (Chandler Ranch) ,
at his/her last known address as it appears on the tax rolls of the
County of San Luis Obispo, said statement containing designation of
the property assessed, the amount of the assessment, the time and .
place of payment of the assessment and the effect of failure to pay
within such time, and a statement that bonds would be issued under
the Improvement Bond Act of 1915 to represent unpaid assessments.
Section 3 . Notices were mailed and published stating that all
sums assessed were due and payable immediately, that the payment of
sums is to be made to the Treasurer of the City within 30 days
after the date of recording the assessment, and that if any
assessments were not paid within the 30 day period, bonds would be
issued under the Improvement Bond Act of 1915 to represent unpaid
assessments.
Section 4 . Serial Bonds representing unpaid assessments have
been issued in the manner provided by Division 10 of the Streets
and Highways Code and the Improvement Bond Act of 1915.
Section 5 . The adoption of this resolution authorizes
collection of the assessment for the fiscal year commencing on the
lst day of July 1993 and ending on the 30th day of June, 1994 , said
assessments as listed on the attached Exhibit A.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County
Auditor, together with a certified copy of this Resolution upon its
adoption.
000036
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of the assessment roll with the
County Tax Collector, together with a certified; copy of this
Resolution upon its adoption.
On motion by Councilman and seconded by
Councilman the foregoing resolution is hereby
adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
•
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000037
EXHIBIT A ITEM 4c
CITY OF ATASCADERO
SCHEDULE OF ASSESSMENT CHARGES FOR THE TAX YEAR 19913-94
A.D.#S-CHANDLER RANCH
ASSESSOR'S
PARCEL ASSESSMENT
NUMBER FOR 1993-94
054-231-031 301.67
054-231-032 301.67
054-231-033 301.67
054-231-034 301.67
054-231-035 301.67
054-231-036 301.67
054-231-038 301.67
054-231-042 301.67
054-231-043 301.67
054-241-010 301.67
054-241-025 301.67
054-241-028 301.67
054-241-034 301.67
054-241-035 301.67
054-241-036 301.67
056-402-003 301.67
056-402-004 301.67
056-402-008 301.67
056-402-013 301.67
056-402-014 301.67
056-411-003 301.67
056-411-005 301.67
056-411-007 301.67
056-411-008 301.67
056-411-010 301.67
056-411-011 301.67
056-411-012 301.67
056-411-013 301.67
056-411-014 301.67
056-411-017 301.67
056-411-020 301.67
056-411-021 301.67
056-411-022 301.67
056-461-002 301.67
056-461-003 301.67
056-461-004 301.67
056-461-005 301.67
056-461-006 301.67
056-471-001 301.67
056-471-003 301.67
056-471-004 301.67
056-471-005 301.67
056-471-006 301.67
056-471-007 301.67
056-471-008 301.67
056-471-010 301.67
CITY OF ATASCADERO
SCHEDULE OF ASSESSMENT CHARGES FOR THE TAX YEAR 1993-94
A.D.#5-CHANDLER RANCH
ASSESSOR'S
PARCEL ASSESSMENT
NUMBER FOR 1993-94
056-471-011 301.67
056-471-012 301.67
056-472-003 301.67
056-472-005 301.67
056-481-003 301.67
056-481-004 301.67
056-481-007 301.67
056-481-008 301.67
056-481-009 301.67
056-481-010 301.67
056-491-001 301.67
056-491-004 301.67
056-491-005 301.67
056-491-006 301.67
056-491-007 301.67
056-491-008 301.67
056-491-009 301.67
056-491-011 301.67
056-491-013 301.67
056-491-014 301.67
056-491-016 301.67
056-491-020 301.67
056-491-022 301.67
056-491-023 301.67
056-491-024 301.67
056-491-025 301.67
056-491-026 301.67
056-491-027 301.67
056-491-028 301.67
056-491-029 301.67
056-491-030 301.67
056-502-006 301.67
056-502-007 301.67
056-502-008 301.67
056-502-009 301.67
TOTAL: 24,435.27
REPORT TO CITY COUNCIL AGENDA ITEM: B-4(D-K)
CITY OF ATASCADERO MEETING DATE: 6-22-93
Through: Ray Windsor, City Manager
Via: Henry Engen, Director of Community Development
From: Valerie Humphrey, Engineering Division
SUBJECT:
Annual Assessment charges for Street Maintenance Districts.
RECOMMENDATION•
Staff recommends that Council approve the attached resolutions
authorizing the annual assessment rate for the following Street
Maintenance Districts:
83-1 Lobos Lane 86-1 Falda Avenue
83-2 Sonora/Pinal 86-2 Pinal/EScarpa
83-3 Maleza Avenue 86-3 Aguila Avenue
84-1 San Fernando 86-4 CayucospAvenue
• t
BACKGROUND:
Street surfacing was done in all of these districts under the
provisions of the Streets and Highways Code. The estimate of
$20. 00 per parcel is based upon accomplishing mitor maintenance
work during the 1993-94 fiscal year.
It is required that this special tax rate be ! established by
resolution in order to appear on next year's property tax roll.
FISCAL IMPACT•
Pursuant to the provisions of these resolutions, all funds
received by the City Treasurer from the Tax Collector shall be
deposited into funds established for each specific maintenance
district.
Enclosures:
Resolution 55-93 Cayucos Avenue
Resolution 54-93 Falda Avenue
Resolution 59-93 Maleza Avenue
Resolution 61-93 Lobos Avenue
Resolution 56-93 Pinal-Escarpa Avenues
Resolution 58-93 San Fernando Road
Resolution 60-93 Sonora-final Avenue
• Resolution 57-93 Aguila Avenue
000039
RESOLUTION NO. 54-93 •
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-1 FALDA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-1; 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 86-1; 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-1, said special tax to cover the expense of maintaining
the 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, 1993 and ending the 30th day of June, 1994.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-1 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 he 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.
000040
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 86-1 Falda 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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES :
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000041
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000042
RESOLUTION NO. 55-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-4 CAYUCOS AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-4 ; 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 86-4 ; 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-4 , said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 .
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-4 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 he 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
Is of Atascadero Maintenance District 86-4 Cayucos Avenue" pursuant
000043
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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST• CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
1
000044
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000045
RESOLUTION NO. 56-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-2 PINAL-ESCARPA AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-2 ; and
WHEREAS, certain street improvements were constructed under
visions of
the Improvement Act of 1911; and
the pro p
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-2 • 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-2 , said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 .
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-2 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 he 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.
000046
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 86-2 Pinal-Escarpa 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.
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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000047
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• RESOLUTION NO. 57-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ',ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-3 AGUILA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-3 ; 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 86-3 ; 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-3 , said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 .
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-3 shall be performedpursuant 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 he 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.
•
000049
Section 5. The City Treasurer shall place all monies
��
special fund known as Cit
collected by the Tax Collector into thep Y •
of Atascadero Maintenance District 86-3 Aguila 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.
lots of land known as public
Section 8 . An parcels or 1 P
P
Y
property, e same is defined in Section 22663 of Division 15,
ro Y
ash
. t
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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES: •
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
•
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000051
RESOLUTION NO. S8-93 •
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT 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 84-1; 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 84-1, said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 .
Section 4 . The works of improvement and maintenance performed
within Maintenance District 84-1 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 he 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.
•
00005`'.
• 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 Fernando 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 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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call, vote:
AYES:
• NOES:
ABSENT:
ADOPTED:
ATTEST: .CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000053
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-- _ _
- 0000311
• RESOLUTION NO. 59-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-3 , said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 . '
Section 4 . The works of improvement and maintenance performed
within Maintenance 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 he 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.
000055
Section 5. The City Treasurer shall place all monies S
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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES: •
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000056
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.. _ _ 000057
RESOLUTION NO. 60-93 •
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-2 SONORA/PINAL 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-2 , said special tax to cover the expense of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 .
Section 4 . The works of improvement and maintenance performed
within Maintenance 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 he 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.
000058
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.
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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
• NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
•
000059
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v _ 000060
RESOLUTION NO. 61-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR 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 Atascadero 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 Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-1, said special tax to cover the expense; of maintaining
the 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, 1993 , and ending the 30th day of June, 1994 . '';
Section 4 . The works of improvement and maintenance performed
within Maintenance 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 assessmentshall then be
collected at he 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.
000001.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City is
of Atascadero Maintenance District 83-1 Lobos 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 Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES: •
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000062
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.. ., 000063
REPORT TO CITY COUNCIL Agenda Itemi B-5
CITY OF ATASCADERO
Through: Andy Takata, Ass 't. City Mgr. Meeting Date: 6/22/93
From: Mark Joseph, Administrative Services Dire0tor"--Y/4
SUBJECT: Adopting an interim budget for FY 93-94.
RECOMMENDATION: Adoption of Resolution 50-93, establishing
interim appropriations for the upcoming fiscal year
a
BACKGROUND:
g
The City' s annual budget has been delayed due to the
challenges of balancing the City' s General Fund as *ell as the
uncertainties of what impacts the State's budget prmblems will
have on the City' s fiscal picture. As a result, an ' interim
budget is necessary, and adoption of Resolution 58-42 will
establish that interim budget.
The recommended budget is expected in early July. At least
two Public Hearings will be scheduled, prior to formal adoption,
to address Community Group funding requests and to 4iscuss the
budget in general.
G
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00006
RESOLUTION 50-93
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING AN INTERIM BUDGET FOR THE 1993-94
FUNDS THEREOF FISCAL YEAR
AND APPROPRIATING
BE IT RESOLVED by the Atascadero City Council as follows:
Section 1. Pursuant to the provisions of Section37208
of
the Government Code, an Interim Budget is hereby approved
the
City of Atascadero for Fiscal Year 1993-94 to the extent that
certain annual totals contained in the Fiscal Year 1992-93 Budget
are extended into the Fiscal Year 1993-94 Interim
enBudgetsfor the
purpose of continuing Salaries and Ben eP
Services and Supplies and certain limitSpecial
decialCapital
Revenueexpenditures
Funds,
for each function in the General Fund, P Reserves and totals
Enterprise Funds, Capital Improvement Funds,
set forth for each capital project with the following
stipulations:
withi
A. Salaries and benefits will conYedreas 1992appropriated
Salary
each Department of the Fiscal
and benefit adjustments for Fiscal Year 1993-94 will be in
accordance with approved Memorandum of Understanding upon
adoption of a final Fiscal Year 1993-94 Budget;
B. Expenditures for Services and Supplies, as currently
appropriated within each Department of the Fiscal Year 1992-
93 budget, will be commensurate with maintaining basic City
services;
C. Expenditures for Capital Outlays will
erstrictrdtooJthose
lease-purchase payments which wereobligated
30, 1993.
D. All references made within this section to the Fiscal Year
1992-93 budget, as a basis for expenditures and limitations,
will be replaced by the Proposed Budget for Fiscal
earfile
1993-94, once such budget is distributed and placed
of record.
Section 2 . The Council, from time to time, by motion, may
approve and authorize the payment of non-budgeted demands and may
appropriate funds for budgeted or ted budgeteitem d demall nds and aan
such appropriation for a non-budge
of a proper demand or
approval to issue a warrant in pay
demands therefor.
000065
Resolution 50-93 Continued
isSection 3. This resolution shall become effective and be in
full force immediately upon its passage.
On motion by Councilperson and seconded by
Councilperson , the foregoing resolution is
hereby adopted in its entirety on the following roll call votes:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON,
City Attorney
a:res .50-93
#3
is
000066
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REPORT TO CITY COUNCIL Meoting Date: 06/22/93
CITY OF ATASCADERO Agenda Item: B-6
Through: Ray Windsor, City Manager
p
From: Alicia Lara, Personnel Coordinator,
f
SUBJECT: Cooperative Personnel Services Test Use Agreement
RECOMMENDATION: Adopt Resolution No. 47-93 approving the renowal of the Test Use
Agreement with Cooperative Personnel Services.
BACKGROUND: The City has had an agreement with Cooperative Per4onnel Services since
October 1 , 1979. The purpose of the agreement is to allow the CitV to rent the testing
material of Cooperative Personnel Services, while going through the red ruitment process.
6
The agreement is reviewed by Cooperative Personnel Service and renewable on an annual
basis.
FISCAL IMPACT: Base Fees have remained the same, while the per est book charge has
increase by $.50 per book. Total cost will be based on the number oftest administered at
• the time of recruitment.
attachment: Resolution 47-93
s
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00006
RESOLUTION NO. 47-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
COOPERATIVE PERSONNEL SERVICES
FOR
TESTING SERVICES
The City Council of the City of Atascadero, California hereby resolves as follows:
1 . The City Manager is hereby authorized to execute an agreement with
Cooperative Personnel Services for the purpose of performing testing services.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if necessary;
release and expend funds; and issue warrants to comply with the terms of this •
agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 22nd of June, 1993.
ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
000068
Contract No_ 93015
Page 1
COOPERATIVE PERSONNEL SERVICES
TEST SECURITY AGREEMENT TERMS AND CONDITIONS
SECTION I - PURPOSE OF AGREEMENT
This Agreement defines Cooperative Personnel Services' (CPS) testsecurity policies
and procedures. It also explains CPS test security standards designed to protect the
mutual interests of all clients that use test materials, as well as the interests of
persons who take such tests. In order that no person may gain special advantage by
having improper access to the material, CPS requires as a condition for making its
test materials available for rental that all users sign this agreement',and fulfill its
terms.
SECTION II - CPS POLICIES AND PROCEDURES
The follovring provisions shall govern CPS services for planning, scheduling,
preparation, construcdon, and scoring examinations.
A. Preparing Custom Tests
1. Information Required from Clients.
A client desiring custom test preparation services is responsible for furnishing
to CPS a written description of the work to be performed, the knowledge,
skills and abilities required to perform the duties of the position, special
working conditions, shifts, location of the job, required licenses or certificates,
salary and shift differential, if any.
?. CPS Preparation of Test Materials.
CPS shall construct a written test, based on the information furnished by the
client, for each job classification for which an examination has been requested
and agreed upon by CPS and the client.
B. Ordering Stock and Custom Tests
1. Scheduling of Examinations.
The client desiring test preparation services shall notify CPS sufficiently i,l
advance to allow time for scheduling and preparation.
000069
Contract No. 93015
Page 2
2. Client Notification to CPS of Number of Candidates.
Not less than 10 working days prior to the test date, the client shall notify
CPS of the total number of candidates in each classification to be tested.
3. Transmittal of Test Materials.
CPS shall provide the client with sufficient test booklets, instructions for
administering the test, and such other material as CPS may deem necessary.
4. Client Administration of Test and Return of Test Materials.
The client shall administer the test in accordance with instructions provided
by CPS and immediately following the test, will return all used and unused
test booklets, keyed booklets, scoring keys, instructions, and any other
materials furnished by CPS and not consumed (except that in such cases as
provided in paragraph II.B (7), II.B (8),and II.B (9) time extensions may be
granted by CPS).
5. Re-Use of Test Materials. 0
Clients requesting test material use for a specific date and candidate count,
will not be allowed to reuse the tests for another date or candidate group
without prior permission of CPS.
6. Scoring of Tests.
CPS will score all scannable answer sheets, at no cost to the client. At the
discretion of CPS, responsibility for the scoring of standardized stock tests
the client. Custom tests and agency tests may be scored
may be granted to
by the client. Open ended test question answers, such as essays, typing, and
shorthand tests may be scored by the client, or CPS will score these tests for a
fee.
•
0000'70
Contract No. 93015
Page 3
7. Test Papers Inspection Under Client Policy.
If the client has an officially adopted rule or established policy regarding
candidates' privilege of inspecting a keyed copy of an test or answer sheets
following the test, and this rule or policy has been submitted in writing to
CPS at least 10 days prior to the first test scheduled under this agreement for
which such inspection is desired, CPS will comply with the inspection
privileges as officially recognized by the client. EXCEPTION: NO
INSPECTION SHALL BE ALLOWED FOR STANDARDIZED (STOCK) TEST
MATERIALS, OR TESTS REDUPLICATED AS STOCK TESTS OR SEA4I-
STOCK TESTS, OR OF QUESTIONS NOT SCORED BY AN ABSOLUTE
STANDARD.
During key inspection, a representative of the client's Personnel or
Administrative office'must be present to assure that no candidate takes away
from the review any notes regarding a test question. Upon request of the
client, and when submitted in writing by a candidate who participated in the
test, CPS will analyze protests resulting from such review and recommend
the action to be taken by the client.
8. Test Papers Inspection Under CPS Policy.
If the client has no officially adopted rule or established policy regarding
candidates' privilege of inspecting a keyed copy of a test or answer sheet(s)
following the test and wishes to allow such an inspection privilege, the
follcwing CPS policy shall govern:
a. Kev Insvecticn - Inspection of a keyed copy of the test book, for the
purpose of requesting a review of such items as the candidate may
relieve are incorrect or improperly keyed will be allowed for five
working days immediately following a test, providing this has been
requested by the client at least 10 days prior to the test.
The inspection time allowed a candidate will not exceed one-half the
amount of time originally allowed to answer the question during the
administration of the test.
0000'71
Contract No. 93015
Page 4
During key inspection, a representative of the client's Personnel or
Administrative office must be present to assure that the candidate takes
no notes of any kind regarding any test materials.
Upon request of the client and when submitted in writing by a candidate
who participated in the test, CPS will analyze protests resulting from
such review and recommend the action to be taken by the client.
f a
b. Answer Sheet(s) Insetetion - Inspection ctin whether anyclericaloraotheerror has been
swer sheet(s)
for the purpose ofd g Y
made in the scoring of the answer sheets, shall be allowed for a 14-
calendar-day period immediately following the notification to the
candidate of test results.
Upon request, CPS will return the candidate's answer sheet(s) after
scoring and a copy of a keyed answer sheet(s) to the client.
Candidates are not allowed to review the question booklet during this
inspection period.
Not more than one hour will normally be allowed for answer sheet(s)
review.
A representative of the client's Personnel or Administrative office shall be
present to assure that no changes or marks of any kind are made by the
candidate on the answer sheet(s) or the keyed answer sheet(s).
C. Certain Test Not to be Opened for Key Inspection. Standardized tests,
stock tests, and questions not scored by an absolute standard will not be
available for keyed copy inspection nor may candidates be allowed to
review copies of these tests at any time.
000072
contract No. 93015
Page 5
Usage.
9. Extended Usa g
If the client wishes to administer tests on a continuous basis for certain
mutually agreed upon classes, CPS may, at its discretion, supply the test
booklets, a scoring key and instructions for extended usage. Extended usage
is defined as the client's retention of test booklets and instructions after their
initial administration for the purpose of readministering them.
10. Examination Charges.
In consideration of the performance by CPS for testing services specifically
described in this Exhibit, the client agrees to pay CPS in accordance with
"Written Test Price List" in effect at the time of rental arrangements.
11. Canceled or Postponed Tests.
Clients may be billed for work done on a canceled or postponed test up to
the time CPS is notified of such action. Under certain circumstances, credit
may be given for work already performed if the test is rescheduled.
C. Client Responsibilities
The client shall perform all parts of the testing process which have not
specifically been requested of and agreed to by CPS. Client shall assume
responsibility for the conformity of the testing process to any applicable la,s,
rules or ordinances, and for the test as a whole. Under the federal Uniform
Guidelines on Emolovee Selection Procedures the client as test user is
responsible for the results of the selection process and must be prepared to
demonstrate that the process is valid and meets other testing standards if it
adversely affects groups protected by fair employment laws.
0000'7;,3
Contract No. 93015
Page 6
Section III - SECURITY OF TEST MATERIALS
All test materials supplied by CPS under this agreement shall be and remain the
property of CPS. They shall be held and stored in a manner that will prevent
unauthorized persons from having access to them. The client agrees to be
responsible for the security of all test materials supplied to the client and agrees to
reimburse CPS for a portion or all of the replacement costs, as determined by CPS,
for test materials that are lost or whose value for testing purposes, in the opinion of
CPS, may have been destroyed while said test materials were subject to the custody
of the client. Question booklets shall not be duplicated nor test questions copied by
the client under any circumstances.
If any test material obtained from CPS should become involved in legal proceedings
by a court or other body vested with legal authority, CPS will take appropriate
measures to safeguard the confidentiality of the test material, including ansN�°er
sheets, such as by motion or protective order.
Section IV - TERMINATION OF AGREEMENT
CPS retains the right to terminate this agreement and withhold or recall its test
materials if it believes the terms and conditions of this agreement are being or have
been violated.
0000'7 }
Contract No. 93015
Page 7
TEST SECURITY AGREEMENT
SECTION V. PARTIES TO THE AGREEMENT
The parties to this Test Security Agreement are Cooperative Personnel Services
(CPS) and the client named below.
A. PRINCIPAL SIGNER
On behalf of this agency, I accept this agreement and assure compliance with its
terms and conditions.
Client Name CITY OF ATASCADERO
Address 6500 PALMA AVENUE
Citv ATASCADERO State/Province CA Country USA Zip Code 93422
Telephone and FAX numbers (805) 461-5015 FAX (805) 461-0606
Name of Principal SigDer ANDREW J. TAKATA
Title CITY MANAGER
Signature/Date
B. PERSONS AUTHORIZED TO RECEIVE TEST MATERIAL
As the Principal Signer of this Test Use Agreement, 1 am authorizing the following
members of this agency to be the only individuals able to receive test-related materials
from CPS. (Please have the appropriate individuals who are authorized to receive the
test material sign below. If more space is necessary, attach an additional sheet.)
NAME TITLE SIGNATURE
ALICIA I. LARA PERSONNEL COORDINATOR
ANDREW J. 7AKATA CITY MANAGER
Please make one copy of this Agreement. Sign and return original to CPS. This
agreement MUST be renewed annually. Attach additional pages for more signatures.
0000'75
Contract No. 93015
Page 8
CPS RENTAL RATES
JULY 1992
STOCK SEMI- CUSTOM SEMI- AGENCY
TESTS STOCK TESTS CUSTOM TESTS
TESTS* TESTS
BASE FEE $ 200.00 $ 300.00 $ 500.00 $ 300.00 $ 300.00
REVIEW COPY FEE No Charge No Charge 400.00 200.00 35.00
PER BOOKLET FEE
1 - 100 Books $ 6.00 $ 10.50 $ 12.50 $ 10.50 $ 750
110 - 500 Books 5.50 950 11.50 950 7.00
510 - 1,000 Books 5.00 850 10.50 850 6.50
1,010 - 2,000 Books 4.75 750 950 7.50 6.00
2,000+ Books 4.50 650 8.50 6.50 5.50
CANCELLATION FEE 200.00 200.00 300.00 200.00 200.00
2 - DAY SHIPPING 10% of 10% of 5% of 10% of 10% of
order order order order order
OVERNIGHT 15 C of 150 of 1570 of 150 of 15/10 of
SHIPPING order order order order order
♦ Stock tests are prepackaged and are available only in packages of ten booklets. CPS Krill apply a credit
of $25.00 for each unopened package of test booklets to your agency's next test order. Clients with 49
candidates or less are billed at exact candidate count.
Prices shown above are for first administration only. Subsequent administrations with no modifications
are billed at a Base Fee of 5200.00 and per candidate charge of 5750.
FFL-NV7 RY LAWEN'FORCEME.�'T A.\D STRUCTURED INTERVIEW
LN-MY FIREFIGHTER STUDY PACKAGES
B00KLETS
BASE FEE: $ 200.00
an5Per Book Fee
- 100 $ 2.50 PER CANDIDATE FEE:- 500 $ 2.00 $ 2.00 if used with a CPS written exam
- I,000 $ 1.75 $ 3.00 if used without a CPS written exam
+ $ 150
000076
Contract No. 93015
Page 9
SPECIAL SERVICES
Writing Proficiency Exam and Professional $ 300.00 Base Fee + $ 12.00 per candidate
Scoring
COMPU-Skillet - Computerized Typing Test $ 200 per year + $ 2.00 per candidate billed
and Computer-Based MuItiple-Choice tests - quarterly (price includes all forthcoming
rented on an extended-use basis updates and modifoatwns)
Custom supplement Billed at consultant's hourly rate to select
miew items from item bank.
Clerical Skills Battery Rental Rate to be established at a later date.
Please call CPS at (916) 924-2300 for further
information.
Extended Use Policy Allows agencies to retain test booklets for
continuous testing. Cali for details.
RELATED PRODUCTS
Scoring Stencil (plastic overlay) S 10.00 per stencil
Preview Copy of rind Custom Test $ 50.00
Cover Change of Stock or Agency Test $ 100.00
Scoring Services (Non-CPS Tests) $ 50.00 plus $ 0.50 per candidate
Supplements S 50.00 when ordered with Stock or
Custom tests. Stock booklet charge
0000'7'7
Contract No. 93015
Page 10
i
COOPERATIVE PERSONNEL SERVICES
191 Lathrop Way, Suite A, Sacramento, California 95815
BILLING INFORMATION
CITY OF ATASCADERO
AGENCY NAME:
PERSONNEL DEPARTMENT
DEPARTMENT:
6500 PALMA AVENUE
ADDRESS:
ATASCADERO CA SAN LUIS OBISPO 93422
CITY: STATE/PROVINCE: COUNTY: ZIP:
AL TC I. LARA
ATTENTION TO: NAME
PERSONNEL COORDINATOR
T1TLE
(S05) 461-5015 ,
TELEPHONE NUMBER:
,i
0000'78
g
REPORT TO CITY COUNCIL Meeting Dade: 6-22-93
CITY OF ATASCADERO Agenda Item: C-1(A)
Through: Henry Engen, Community Development Director
From: (Tj teve Sylvester, City Engineer
SUBJECT:
i
Public hearing for Street Improvement Project No. 1992:
3-F Meadows, Tecorida, Las Encinas Assessment District
RECOMMENDATION:
s
After conducting the public hearing (protest hearing) , adopt the
following resolutions:
1. Resolution 63-93 , Overruling Protests oifi Resolution of
Intention No. 131-92
2 . Resolution 64-93 , Adopting the Engineer's Report,
Confirming the Assessment and Ordering the Acquisition
• and Construction of Improvements
3 . Resolution 65-93 , Designating a CollectiDn Officer
4 . Resolution 66-93 , Appointing a Municipal fond Underwriter
5. Resolution 67-93 , Execution of an Agreement with Penfield
& Smith for the Survey and Design of Road Improvements
DISCUSSION:
On December 8 , 1992 the Council approved resolutions initiating the
formation of the City of Atascadero Street Improvemjent Project No.
1992 . On April 27 , 1993, the Council approved resolutions
preliminarily approving the Engineer's Report and setting May 11,
1993 and June 22 , 1993 as the dates of the publichearings. The
attached letter from Haight & Haight, bond council for the
assessment district, gives a summary of the remaining proceedings
required to form the assessment district.
'E
On May 3 , 1993 a request for proposal was publiclyadvertised and
sent to various design engineering firms for thepreparation of
plans and specifications showing street and drainage improvements
to the existing roadways in the 3-F Meadows, Te corida and Las
Encinas Assessment Districts. A selection committee was formed to
evaluate the design proposals and select a designengineer. The
E
000079
p
committee, which consisted of two Council members, the City
Manager, the City Engineer and the Assistant City Engineer, met on
June 15, 1993 after each committee member had individually reviewed
and evaluated the proposals on the basis of the following: Is
1. Consultant's qualifications for the specific project's
scope of work.
2 . Project manager's and project personnel's qualifications.
3 . Consultant's understanding of the project requirements
and the desired product.
4 . Consultant's experience on similar projects.
5. Consultant's proximity to the project and availability.
6. Proposed cost.
The consulting engineering firm of Penfield and Smith was
unanimously selected by the committee as the design engineer for
the assessment districts. The decision was aced onson P ofielh d and
Smith's demonstrated competence and qualif
ere
determined by the committee to be available at a fair and
reasonable price.
Assessment
Penfield & Smith's Engineer's
Estimate of fees Estimate of fees
District $28 , 325
3-F Meadows $29 , 000 12 , 180
Tecorida 11, 000 43 , 500
Las Encinas 35 , 000*
$75, 000 $84 ,005
TOTAL
* If all three districts are approved, Penfield & Smith will
000 net $67 , 000)
In the event that only
8 ( the
reduce this fee by $ roved,
the 3-F Meadows and Las Encinas districts are app
reduction would be $3 , 500
net $61, 500) .
FISCAL IMPACT:
fees associated with the formation of the assesesmentt districts
All spread. Th
i assessment assessme p ,
will be included. in the reimbursed.
no
wi bu
capital costs to the City which will. not be
reim
ATTACHMENTS:
:
IIS
22 t & Haight, bond council, dated June ,
A. Letter from .Haigh . g
1993-
B. „_- tten letters of protest received by the City Clerk.
000080
SENT BY:HAIGHT & HA13HT 06-16-93 11:19AM 4084381367-i 18052390758 tt 2
HAIM & HAIGHT
ATTORNEYS AT LAW
Municipal Baud Counsel
Robert M.Ha4ft
Raymond M.Haight
Robert M.Hao t.Jr.
Cameron A.Weiss
CRY of AtascWM
STAFF iUM0 ff
Date: June 22, 1993
To: Steven J. Sylvester
Richard D. Kilpatrick
From: HAIGHT & HAIGHT, Bond Counsel
Subject: City of Atascadero Street Improvement Project No. 1992
(Las Encinas, 3-F Meadows and Tecorida)
S�
The City Council of the City of Atascadero on December 8, 1992 approved resolutions
initiating the formation of the City of Atascadero Street Improvement Project No. 1992(the
"Assessment District"),and on April 27, 1993,approved resolutioms preliminarily approving
the Engineer Is Report, and setting May 11, 1993 and June 22, 1993 as the dates of the
public hearings (the ,Public Hearings") thereon.
Although technically only legal owners of property within the Assessment District can count
towards determining whether a majority protest exists at the time of the June 22, 1993
Public Hearing, all interested citizens must be given the right to speak before the City
Council as to any item contained in the Engineer's Report on file with the City Qerk. The
City Council at all times, up until bonds are actually sold in the marketplace, remains free
to modify or abandon proceedings.
If the City Council adopts the resolutions described below, the Assessment District would
he officially formed and, upon the recordation of the Assessment Diagram and Notice of
Assessment, liens would be established on the proposed parcels in an amount sufficient to
secure the proposed assessment bonds to be issued.
5522 Swas valley Drive•Scotts Valley,California 95066• (408)438-6610 9 Fax(408)438.1367
000081
SENT BY=HAIGHT & HAIGHT 06-16-93 11:20AM 4084381367a 18052390758 # 3
•
Page -2-
The next step, if the below-described resolutions are adopted is for Bond Counsel to draft
notices to all property owners advising each of them of the right to pay assessments in cash
during a 30-day cash payment period (the "Cash Payment Period"). Upon the expiration
of the Cash Payment Period the City Council would consider a resolution determining
unpaid assessments, approving the form of official statement, and awarding the We of the
bonds to the bond underwriter. Upon the adoption of such resolution,no further legislative
action would be necessary to issue bonds;however,the City Manager,City Attorney,and/or
other designated City officials must sign off on all closing documents before any bonds will
be sold in the marketplace.
If bonds are issued, the bond proceeds will be invested by either a trustee or the City,and
will be used to pay for the costs of the improvements, plus the costs of issuing the bonds.
It is expected that the proposed assessment bonds will sell for a period of approximately
12 - 20 years at an average interest rate of approximately 6.50 - 7.00%. The assessments
"run with the land" and are automatically assumed by subsequent purchasers of the parcels
subject to assessment,unless paid off as part of the sales transaction. Because the assessed
real property is the sole security for the assessments,there is no&CnrrRl htrid liability if the
property owners fail to pay their assessments when due. Further, each bond clearly states
that the bonds are Limited Obligation Bonds and that the bond holder may mly rely on the
value of the land as securing his or her investment.
A reserve fund approximately equal to 5% of the total bonds issued will also be structured
into the proceedings so that if a property owner fails to make an assessment payment, the
reserve fund will be used to make the payment,which reserve fund will then be replenished
from mandatory foreclosure proceedings.
The meeting to be held on June 22, 1993 will be the final Public Hearing on the
Assessment District and the proposed improvements, At this meeting the following
procedures would be prescribed in conducting the Public Hearing before the City Council
for the above-named project:
REPORT ONITTEN PROTESTS. The Mayor requests the City Clerk to advise as
to the number, and the corresponding percentage of land area, of written protests on file
with the City Clerk at or prior to the time and date of the Public Hearing. If copies of the
written protests have not been distributed to the City Council members, the City Clerk or
a deputy City Clerk is required to read each protest into the record.
000082
SENT BY:HAIGHT & HAIGHT 06-16-93 11:21AM 4084381367 152390758 # 4
Page -3-
PURPOZ OF TIJE HEARING AND RIGHU oE THE CM COUNCIL Bond
Counsel and/or a designated City official would report that the necessary affidavits of
publication, posting and mailing, duly executed by the responsible parties, are on file with
the City Clerk and that the City Council has jurisdiction to conduct the Public Hearing, and
that the purpose of the Public Hearing is to hear all endorsements and protests concerning
the Assessment District. Property owners and all interested citizens should have the right
to speak before the City Council as to any item contained in the Engineer's Report on file
with the City Clerk. The City Council must hear all protests and endorsements and at the
conclusion of public testimony the hearing should be closed and the matter referred to the
City Council for deliberation. During its deliberation and future action, the City Council
may make changes and modifications in the work, the assessments, the timing or any other
matters that the City Council feels justified in doing based on evidence received at the
Public Hearing. If any changes result in the increase in assessments or the elimination of
benefits that are proposed to be received by property owners without a corresponding
decrease in the amount of assessment, the City Council must hold an additional Public
• Hearing on the change and modification, and a 45-day notice must be given to allow
property owners the right to be heard ag to changes and modifications.
PUBLIC HEARING OPENS. The Mayor opens the Public Hearing and anyone wishing
to speak for or against the project does so during this time.
PUBLIC HEARING CL.O ES. The Mayor closes the Public Hearing and refers the matter
to the City Council for further deliberation and consideration of adoption of the below
resolutions. Assuming there are no changes and modifications, and assuming the City
Council is willing to overrule protests, if any, the City Council would then be free to
consider the adoption of the following resolutions:
1. Resolution Overruling Protests on-Resolution of Intention No. 131-92 - this
Resolution overrules protests filed with the City Clerk prior to the public hearing. Because
this Assessment District is comprised of separate areas(i.e., Las Eneinas,3-F Meadows and
Tecorida), the City Council may choose to overrule protests in one area,but not in another.
The only legal constraint Ls that if a majority protest exists with regard to the total oLjU
three areas. then the Council must abandon proceedings, unless 4/5 of the Council votes
affirmatively to overrule such a majority protest. If a majority protest exists within a
separate area (for example, Tecorida). but does not exist as to the total of all three areas,
the Council is not legally obligated to abandon proceedings with regard to that separate
area receiving a majority protest, although Council may in its absolute discretion choose to
abandon proceedings in any area or areas, regardless of the extent of protest.
000083
SENT BY:HAIGHT & HAIGHT 06-16-93 11:22AM 408438136?4 18052390?58 # 5
Page -4-
2. Resolution Adoliting Engineer's RepQrt,, G.. Ms-alflent�
Ordering the &qujsition of Improvements - this resolution adopts Engineer's Report,
confirms the assessment amount and spread, and orders the acquisition and construction
of the improvements. The resolution also directs the recording of the assessment diagram
and the notice of assessment, as well as the mailing and publication of the notice to pay
assessment. The recording of the Assessment Diagram and Notice of Assessment marks
the beginning of the 30-day cash payment period in which the property owners may pay
their assessments in full.
3. A Resolution Designating Collection Offices - this resolution designates the
City Treasurer as the Collection Officer and relieves the Superintendent of Streets/City
Engineer of this task. The Treasurer will collect cash payment of the assessments during
the 30-day cash payment period.
4. ResolutionApnointing Underwriter-this resolution appoints Spelman&Co.,
Inc., San Diego, California, as municipal Bond Underwriter for these proceedings.
Because this project is divided into three (3) separate and distinct areas, the City •
Council could theoretically abandon proceedings for one area and continue with the other
areas. In that regard, it would be efficient for purposes of determining whether a majority
protest exists, to predetermine the total acreage within each project area so that the Council
will have instant knowledge of the rate of protest with regard to each project area.
Please phone me with any comments regarding the above resolutions prior to close
of agenda on June 15, 1993. Originals of the above resolutions are being sent to Ms. Lee
Raboin, as City Clerk. If changes are not necessary, Ms. Raboin will be in custody of the
original resolutions for purposes of placing said resolutions on the June 22, 1993 agenda.
If changes are necessary the undersigned will resubmit originals to W.Raboin prior to June
15, 1993.
Very truly yours,
HAI
WEIST
CAW:lk
Enclosures
cc: Andy Takata, Henry Engen, Mark Joseph,
Lee Raboin, Bob Spellman
000084
RESOLUTION NO. 63-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO OVERRULING PROTESTS ON
RESOLUTION OF INTENTION NO. 131-92
CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
RESOLVED, by the City Council (the "Council") of the City of Atascadero,
California (the "City"), that
WHEREAS, this Council did on December 8, 1992, adopt its Resolution of Intention
No. 131-92, to acquire and construct improvements on behalf of the City of Atascadero
Street Improvement Project No. 1992 (the "Assessment District"); and
WHEREAS, Resolution No. 26-93, adopted by this Council on April 27, 1993,
appointed the time and place of hearing protests in relation to the proposed acquisitions
and improvements and directed notice thereof to be given; and
WHEREAS, notice was given of the time and place therein stated in the manner
provided by law as appears from the documents on file in the office of the City Clerk; and
WHEREAS, all written protests and other written communications were recognized
at said meeting and all persons desiring to be heard were fully heard.
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That protests against said acquisitions and improvements were not signed by the
owners of a majority or more of the area of the lands within the assessment district to be
assessed for the costs and expenses of said acquisitions and improvements.
1
000085
2. With regard to Assessment District Area No. 1, 3-F Meadows; Assessment ,
District Area No. 2, Tecorida; and Assessment District Area No. 3, Las Encinas, that said
Protests be, and each of them are hereby, overruled.
PASSED, APPROVED AND ADOPTED this — day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
2
000086
SENT BY:HA i GtiT 8 HA 1 GHT - . OCr16-93 11:22AM 40843 "-367-3 18052390758 tt 6
f
I�
RESOLUTION NO. 64-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS
CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
RESOLVED, by the City Council (the "Council") of the City of Atascadero,
California (the "City"), that
WHEREAS, on the 8th day of December, 1992,said Council adopted its Resolution
of Intention No. 131-92 (the "Resolution of Intention"), to form the City of Atascadero
Street Improvement Project No. 1992 (the "Assessment District") and to acquire and
construct certain improvements in said City, and referred the proposed 'acquisitions and
improvements to the Assessment Engineer (the "Engineer"), he being the officer having
charge and control of the acquisitions and improvements in and for said City of the kind
described in said Resolution of Intention and being a competent person appointed by said
Council for that purpose;
WHEREAS, said Council thereby directed said Engineer to make and file with the
City Clerk a written report in accordance with and pursuant to the Municipal Improvement
Act of 1913, being Division 12 of the California Streets and Highways Code (the "Act");
WHEREAS, said written report was duly made and filed with the City Clerk prior
to April 27, 1993, and was thereafter subsequently revised prior to the,adoption of this
resolution (the "Report,,);
1
00008'7
SENT HY=HAIGHT & HAIGHT o6-16-93 11:23AM 4084'1367 162390758 # ?
WHEREAS,said Council duly considered said Report and found that each and every
part thereof was sufficient in every particular and determined that it should stand as the
report for all subsequent proceedings under said Act,whereupon said Council. pursuant to
the requirements of said Act, appointed Tuesday, May 11, 1993 at the hour of 7:00 o'clock
p.m.,in the regular meeting place of said Council,Council Chambers,City Hall,6500 Palma
Avenue, Ataseadero, California, as the first public hearing; and 'Nesday, June 22, 1993, at
the hour of 7:00 o I clock p.m., in the regular meeting place of said Council Chambers, City
Hall, 6500 Palma Avenue, Atascadero, California, as the second public hearing and time
and place when and where it will further consider and finally act upon the Report;
WHEREAS, it appears that notices of said public hearings were duly and regularly
posted, mailed and published in the time, form and manner required by said Act, as
evidenced by the documents on file with the City Clerk, whereupon said public hearings
were duly and regularly held at the tunes and place stated in said notice;
WHEREAS, pursuant to Resolution No. 63-93 adopted on June 22, 1993, said
Council overruled any protest to the construction of improvements, or to the extent of the
Assessment District, or to the proposed assessment or diagram, or to the maps and
descriptions or to the grades at which said work will be done, or to the Engineer's estimate
of the costs and expenses thereof, all persons interested desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining to said construction of
improvements were fully heard and considered by said Council, and said Council has
acquired jurisdiction to order said construction of improvements and the confirmation of
said diagram and assessment to pay the costs and expenses thereof; and
2
000088
SENT HY=HAIGHT & HAIGHT e&-16-93 11=24AM 40843,pl_367- 18052390758 tt 8
I
WHEREAS it is in thebest interest of the Council and the Assessment District to
retain said jurisdiction to construct said Improvements and levy said assessments and Issue
said bonds.
NOW,THEREFORE,said Council does hereby FIND,DETERMINE and ORDER,
as follows:
1. That the owners of one-half(1/2) or more of the area to be assessed for the cost
of the project did not, at or prior to the time fixed for said hearing, file written protests
against the said proposed acquisitions and improvements as a whole, or against the said
Assessment District or the extent thereof to be assessed for the costs and expenses of said
acquisitions and improvements as a whole, or as to the Bngineer's estimate of said costs
and expenses, or against the maps and descriptions, or against the diagram or assessment
to pay for the costs and expenses thereof.
2. That the schematic plans and specifications for the proposed acquisitions and
improvements, contained In said Report, be, and they are hereby, finally adopted and
approved as the,plans and specifications to which said work shall be done as called for in
said Resolution of Intention.
3. That the Engineer Is estimate of the itemized and total costs and expenses in
connection therewith, contained in said Report, be, and it is hereby, finally adopted and
approved as the Engineer t s total and detailed estimate of the costs and expenses of said
acquisitions and improvements.
4. That the diagram showing the Assessment District referred to and described in
said Resolution of Intention, and the boundaries and dimension of the respective
subdivisions having been given a separate number upon said diagram, as contained in said
3
000089
SENT BY:HA I GHT & HA I CHT 06-16-93 11:24AM 40843 -1-7367-) 180S23907S8 tt 9
Report, be, and it is hereby, y pp final) approved and confirmed as the diagram of the
properties to be assessed to pay the costs and expenses of Wd acquisitions and
improvements.
S. That the assessment of the total amount of the costs and expenses of the
proposed acquisitions and improvements upon the several subdivisions of land in said
Assessment District in proportion to the estimated benefits to be received by said
subdivisions, respectively, from said acquisitions and improvements, and of the expenses
incidental thereto, contained in said Report, be, and the same is hereby, finally approved
and confirmed as the assessment to pay the costs and expenses of said acquisitions and
improvements.
6. That said Enginew s Report be, and the same is hereby, finally adopted and
approved as a whole.
7. That the Clerk shall forthwith deliver to the Superintendent of Streets/City
Engineer the said assessment, together with said diagram thereto attached and trade a part
thereof, as confirmed by this Council with his certificate of such confirmation thereto
attached as of the date thereof; and that said Superintendent of Streets shall record said
diagram and assessment in his office in a suitable book to be kept for that purpose, and
append thereto his certificate as to the date of such recording, and such recordation shall
be and constitute the assessment roll herein.
8. That said Superintendent of Streets/City Engineer, upon recording of said
diagram and assessment, shall mail to each owner of real property within the Assessment
District at his last known address as to the same appear on the tax rolls of the City or on
file in the office of the City Clerk, or to both addresses if said address so appears, a
4
000090
SENT HY:HQIGHT 8 HAIGHT -- 06-16-93 11:2SAM 4084 .367-) 18052390756 #10
stateml; a ent containing designation b street number or other description of the property
8n Y
assumed sufficient to enable the owner to identify the same, the amount of the assessment,
the time and place of payment thereof, the effect of failure to pay within such time, and a
statement of the fact that bonds will be issued on the unpaid assessments pursuant to the
Improvement Bond Act of 1915.
9. That said Superintendent of Streets/City Engineer shall also give notice by
publishing a copy of a Notice to Pay Assessments by two successive 'insertions in a
newspaper published and circulated in said City, that said assessment has been recorded in
his office, and that all sums assessed thereon are due and payable immediately, and that
the payment of said sums is to be made thirty (30) days after the date of recording said
assessment, which date shall be stated in said notice, and of the fact that bonds will be
issued upon unpaid assessments as above provided
PASSED, APPROVED AND ADOPTED this day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST
CFN CLERK
S
.400091
SENT BY=HA1GHT & HA1GFT 06-16-93 11:26AM 40843 367-) 18052390758 t#11
RESOLUTION NO. 65-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING COLLECTION OffICER
CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
that the
ro California,
cil of the CI ,
RESOLVED, by City Council q► of Atascade
by
Treasurer of said Ci whom, be, and he is hereby appointed as the person to Payment of
assessments shall be made under Resolution of Intention No. 131-92, adopted by this
Council on December 8, 1992, and that his office at the City Hall, 6540 Palma Avenue,
Atascadero, California, is hereby designated as the place at which the said payments will
be made, and the Superintendent of Streets/City Engineer is hereby relieved of all
responsibility in connection with collecting said assessments.
i t i • s a • • • t
PASSED APPROVED AND ADOPTED this day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYO
ATTEST:
CTrY CLERK
000092
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPOINTING UNDERWRITER
CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
WHEREAS, this City Council (the "Council") of the City of Atascadero (the
"City"), California, has determined to undertake proceedings pursuant to appropriate
assessment bond acts for the acquisition of public improvements in the City; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing Underwriter for the preparation and conduct of said proceedings and work in
connection with said acquisitions and improvements.
NOW, THEREFORE, BE IT RESOLVED as follows:
I. That Spelman & Co., Inc., San Diego, California, be, and they are hereby
appointed and employed as municipal Bond Underwriter for these proceedings, whose fees
shall be in the form of a negotiated fee payable when and if special assessment bonds for
these proceedings are issued.
1
000093
RESOLUTION NO. 67-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
PENFIELD & SMITH
FOR THE SURVEY AND DESIGN OF ROAD IMPROVEMENTS
FOR THE
AREAS OF STREET IMPROVEMENT PROJECT NO. 1992
WHEREAS, on the 8th day of December, 1992 , the, City Council
of the City of Atascadero adopted its Resolution of Intention No.
131-92 to acquire and construct improvements on behalf of the
City of Atascadero Street Improvement Project No. 1992 (the
"Assessment District") ; and
WHEREAS, all protests and other communications were
recognized at the City Council meeting of June 22 , 1993 and such
protests against said acquisitions and improvements were not
signed by the owners of a majority or more of the area of the
lands within the
areas of Street Improvement Project No. 1992 ; and
WHEREAS, the public interest and general welfare will be
served by appointing a Design Engineer for the survey, design,
and preparation of plans and specifications for the road
improvements associated with the Assessment District.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Mayor is hereby authorized to execute an agreement with
PENFIELD & SMITH for the engineering design services for
plans and specifications showing street and drainage
improvements to the existing roadways in the
areas of
Street Improvement Project No. 1992 in the amount of
000095
2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or clerical
nature.
3 . The Finance Director is hereby authorized to appropriate
funds, if necessary; release and expend funds; and issue
warrants to comply with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Atascadero held on the 22nd of June, 1993 .
ATTEST• CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
000096
I C,
JAN l 1 1993
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000097
i
/ MAY I 11993
� C� or A-Fas��erb �
CITY OF DERO
CITY CLERK'S OFFICE
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00009S
r
May 10, 1993
Clerk of the Council D � '�
for the City of Atascadero
City Hall MY I I 19M
6500 Palma Avenue
Atascadero, CA 93422
OF ATASCADERO
CLERK'S OFFICE
Re: STREET IMPROVEMENT PROJECT - AREA No. 3
Dear Sir/Madam:
t
E
This letter is in regards to our strong protest of the fees in which are
planned to be assessed to our parcel (No. 050-012-025) at 5200 San Gregorio
Road. I
Although I would love to see San Gregorio improved, I can not see the �4
justification of such a large assessment on so few people. As a City, we all
pay for basic service, Police & Fire protection, Schools, and yes road f
improvements. If the City wishes to take over these roads, which should have
been done years ago, then everyone in the City must participate in the cost to
do so. r
i�
Since this parcel is vacant land and my wife and I are not Atascadero
residents, we are already paying for services and education funds that we do
not use. This is understandable and we chose to puchase this property knowing I
that our Property Taxes would be paying for these services'. However, we do
not have, nor do I suspect most of those assessed have an extra $6,000.00 +/-
laying around waiting to throw out onto the street.
The planned assessments on such a limited number of people is unfair and
should be reconsidered. The property owners on these streets are not the only
ones who use than. With San Gregorio & Del Rio for instance, there are a
number of I.as Encinas II property owners that constantly use these roads. I
don' t see there names on this list. Consequently, I am sure the other areas ,
earmarked for these assessments don't limit traffic to the property owners
there as well.
There must be some alternative to this assessment. If not,
please accept this
letter as our formal protest against the improvement to San Gregorio. The
cost to us is unacceptable, unfair and would create a substantial hardship.
F
Vert Truly fours,
Stere M. Thompson +
2676 Pine Ridge Road
Bradley, CA 93426
000099
U1i
MAY 41993 {
C
8370 Del Rio Road /n
Atascadero, CA 93422 V
May 13, 1993
Office of the City Clerk
City Hall
6500 Palma Avenue
Atascadero, CA 93422
Dear Sir or Madam:
Pursuant to section 10310 of the California Streets and
Highways Code, this letter is a statement of protest to the
proposed assessment on the property identified below:
Assessor ' s parcel number 050-092-007
8370 Del Rio Road
Atascadero, CA 93422
August Salemi
Jan Salemi
��2/7�Y1.cJ
Note : Jan Salemi is incorrectly listed as Jane Salemi in
your records . Please correct this error. Thank you.
00olLoo
1
4
Mai
May 14, 1993 �1ERKS��ERO
CIN OFFIfE
Mr. Lee Raboin
�G
City Clerk of Atascadero
1 �[�
6500 Palma Avenue -V7tiL�
Atascadero, CA 93422
Dear Mr. Raboin:
We received in the mail the other day the City of Atascadero Street Improvement Project No.
1992. As a resident in area #3 in Las Encinas• Diaram No. 23: Parcel No. 049-232-018, we
strongly oppose the proposed assessment, and in no way support this financial obligation. We
also plan to attend the meeting on June 22 to reiterate our stance in this matter.
Tease call me during the days at (805) 466-5955 if you have any questions.
l
Regards, /
! ��
Holly L. Yehling and r'
Robert L. Yehling
7 L'
1-71'
000101
MAY I9M
CITY OF ATASCADERO 0
CITY CLERK'S OFFICE
TOM MCNAMARA
8130 EL CAMI NO
ATASCADERO, CA_ 93422
MAY 13, 1993
CITY CLERK
CITY OF ATACADERO
6300 PALMA
ATASCADERO, CA_ 93422
ATASC CITY CLERK=
I AM WRITING THIS LETTER IN PROTEST TO THE PROPOSED STREET
I MPROVEMENT PROJECT s 1992_ THE PROPERTY I AM PROTESTI NG I N LAS
ENCINAS AREA 4r3 IS THE ONLY PARCEL ON DEL RIO THAT IS SERVED BY SANTA
ANA BUT FACES DEL RIO_ PARCELS -w31 & 32 BLOCKS 53 WERE RE-SUBDIVDED
TO CREATE PARCEL al & 2 OF MAP AL 89-336 IN BOOK 63 OF RECORDS PAGE
j"33_
PARCEL s 1 APN 50- 101 - 19 AT 13800 SANTA ANA AND PARCEL J"2 APN 50-
101 -09 ARE THE PARCELS THAT TOUCH DE RIO_ FORMERLY, LOT 32 BLK 53
TOUCHED DEL RIO_ THE ACCESS FROM DEL RIO IS USELESS TO THE PROPERTY_
THERE IS A NEW HOME AT 13800 SANTA ANA (PARCEL 1 ) WITH ACCESS FROM
SANTA ANA AND PARCEL *`2 HAS PLANS FOR A HOME ON SANTA ANA_ THERE IS NO
NEED FOR ACCESS FROM DEL RIO TO EITHER PARCEL_
PLEASE REFER TO THE ENCLOSED MAP AND REMOVE THESE PARCELS FROM THE
ASSESSMENT DISTRICT_
SINCERELY,
TOM MCNAMARA
000102
3°i
Name o; Diaggrani a::. Assessor's Preliminary Revised
Owner Assim wNo. Parcel No. Assm:nt Assmnt
X. m7as E. 'McNamara 98 050-101-009 S 7,363.71 '$6,129.87
8130:E1 Camino'Real
Atascadero,"CA`93422
John E. King 99 050-101-002 7,363.71 6,129.87
P_O. Box 2119
Avila Beach, CA 93424
John & Darlene Duke 100 050-101-001 7,363.71 6,129.87
8605 Del Rio Road
Atascadero, CA 93422
Lewis B. Ind 101 050-091-004 7,363.71 6,129.87
231 Harsin Lane
Santa Maria, CA 93455
C.W. & E.W. Hessick 102 050-091-013 7,363.71 6,129.87
P.O. Box 58
Atascadero, CA 93423
Patrick R. & Doris A. Dempsey 103 050-091-012 7,363.71 6,129.87
5700 San Gregorio Road
IVadero, CA 93423
F.G. & E.D. McKenzie 104 050-091-007 7,363.71 6,129.87
690 Thornbrook Drive
\ierlin, OR 97532
A.H. & L.A. Young 105 050-012-014 7,363.71 6,129.87
S�20 San Gregorio�Ro,d
A:ascadero, CA 93422
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000103
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ROLF E. ROGERS, PH.D. ,
CONSULTANT TO MANAGEMENT
2026 ALTURAS ROAD D ^
ATASCADERO. CA 93422 11JN ry
805-466-4321 (�
Mqy
II
May 14 , 1993
office of the City Engineer
6500 Palma Ave.
Atascadero, CA 93422
Re: City of Atascadero Street Improvement Project No. 1992 ,
Area No. 3 , Las Encinas.
I am the owner of Parcel No. 049-241-023 , Alturas Road. I
am opposed to the formation of an assessment district as outlined
in your notice to property owners , dated April 28 , 1993 and
wish to protest against this project. Please record my protest.
Rolf E. Rogers
000105
C
KiLLCN:jTVYaOF
99`.:.
RK S OFHCE
1.0080 Andrita Rd .
Atascadero , CA 93422
12 June 1993
Mavor and Council
Cite of Atascadero
Atascadero . CA 93422
Please be advised that. I am stronaiv reJectinc the fact that you
want to assess me nearly $6000 . 00 to restore the roads pertinent
to parcel #054-321-01i in the 3F Meadow area .
I bought this property and built my home here nearly 20 years ago .
When incorporation was finally successful , and the city of
Atascadero was formed , nothing here chanaed . The only ma - or
structure tare that I can recall was burned to rte ground. because
the Cite fire department could either not find the home or could
not. negotiate the roads . Crass f'-.res seem to be han:: ed by the CDF
as they were before citihood.
It is hard for me to fathom how we could have been i.nclude.d in the
city boundry without roads . It is also inconceivable . that with all.
t.Iie oar o;^ ;ems n At.ascadero , that you nu-., ` c dividers down the
center _ ~E'_ Cam-, nc Real instead of tai>ina care of the needs and
saety cf the citizens where the roads wil not accomodate
emercencv vehicles
My ne.1 Q_hhars and I have Ua1C t.a.,,e S a. l these '»a YS a n C exile cted ,_he
same bene-fits from our tax collars as any other citizen of
'-2�CaderC . I u `Qe 'c,, to cl:t. thc. Tr.. Vc l ^U`' 7rom Vour budgets and
use -.-e : axes we nave paid . and wl i i cont.l.nue to TJav ,, to brina our
rca s l'T 7 star,Qara
~_ari es rove & Jeanne F. Bove
Parcel "u- -0'
000106
REPORT TO CITY COUNCIL Meeting Date: 6-22-93
CITY OF ATASCADERO Agenda Item: C-1(B)
Through: Henry Engen, Community Development Director
From: (Lteve Sylvester, City Engineer
SUBJECT:
Public hearing for the Camino Real Improvement Project
E
RECOMMENDATION:
After conducting the public hearing (protest hearig) , adopt the
following resolutions:
1. Resolution 68-93 , Overruling Protests onk Resolution of
Intention No. 119-92
2 . Resolution 69-93 , Adopting the Engineer's Report,
Confirming the Assessment and Ordering t'he Acquisition
• and Construction of Improvements
s
3 . Resolution 70-93 , Authorizing Execution or Agreement for
Acquisition of Public Improvements
4 . Resolution 72-93 , Determining Unpaid Assessments,
Providing for the Issuance of Bonds, AppL+oving the Form
of the Purchase Agreement, and Approving the Form of
Fiscal Agency Proposal
5 . Resolution 71-93 , Awarding the Sale of B nds
DISCUSSION:
On November 10, 1992 the Council approved resolutions initiating
the formation of the City of Atascadero, Camino Roal Improvement
Project. On April 27 , 1993 , the Council approved resolutions
preliminarily approving the Engineer's Report and betting May 11,
1993 and June 22, 1993 as the dates of the public €hearings. The
attached letter from Haight & Haight, bond council for the
assessment district, gives a summary of the remaining proceedings
required to form the assessment district.
y
X
G
00010'7
FISCAL IMPACT:
All fees associated with the formation of the assessment districts
will be included in the assessment spread. There will be no
capital costs to the City which will not be reimbursed.
ATTACHMENTS:
A. Letter from Haight & Haight, bond council, dated June 4, 1993 .
931070.RPT
•
000108
HMGHT & HMGHT
0
� ATTORNEYS AT LAW
Municipal Bond Counsel, i
Robert M. Haight
Raymond M.Haight
Robert M.Haight,Jr. City of Atascadero
Cameron A.Weist
STAFF REPORT
Date: June 4, 1993
To: Steven J. Sylvester
Richard D. Kilpatrick
From: HAIGHT & HAIGHT, Bond Counsel
Subject: City of Atascadero; Camino Real Improvement Project
SUMMARY
The City Council of the City of Atascadero on November 10, 1992 approved resolutions
initiating the formation of the City of Atascadero, Camino Real Improvement Project (the
"Assessment District"),and on April 27, 1993, approved resolutions preliminarily approving
the Engineer's Report, and setting May 11, 1993 and June 22, 1993 as the dates of the
public hearings (the "Public Hearings") thereon.
Although technically only legal owners of property within the Assessment District can count
towards determining whether a majority protest exists at the time of the June 22, 1993
Public Hearing, all interested citizens must be given the right to speak before the City
Council as to any item contained in the Engineer's Report on file with the City Clerk. The
Citv Council at all times, up until bonds are actually sold in the marketplace, remains free
to modiN or abandon proceedings.
If the Citv Council adopts the resolutions described below, the Assessment District would
be officially formed and, upon the recordation of the Assessment Diagram and Notice of
Assessment, liens would be established on the proposed parcels in an amount sufficient to
secure the proposed assessment bonds to be issued.
Because all property owners within the Assessment District have waived the right to pay
I
assessments in cash during a 30-day cash payment period (the "Cash Payment Period"), the
City Council is free to consider a resolution determining unpaid assessments, approving the
form of official statement, and awarding the sale of the bonds to the 'bond underwriter.
5522 Scons Vallev Drive • Scotts Valley,California 95066 • (408)438-6610 • Fax(408)438-1367 000109
Page -2-
Upon the adoption of such resolution, no further legislative action would be necessary to
issue bonds; however, the City Manager, City Attorney, and/or other designated City
officials must sign off on all closing documents before any bonds will be sold in the
marketplace.
If bonds are issued, the bond proceeds will be invested by a trustee, in care of the City, and
will be used to acquire improvements, plus the costs of issuing the bonds. The methodology
of acquiring improvements is set forth in the Acquisition Agreement, the form of which is
approved by the adoption of the resolutions described below.
It is expected that the proposed assessment bonds will sell for a period of approximately
15 - 20 years at an average interest rate of approximately 6.75 - 7.25%. The assessments
"run with the land" and are automatically assumed by subsequent purchasers of the parcels
subject to assessment, unless paid off as part of the sales transaction. Because the assessed
real property is the sole security for the assessments, there is noe�al fund liability if the
property owners, fail to pay their assessments when due. Further, each bond clearly states
that the bonds are Limited Obligation Bonds and that the bond holder may only rely on the
value of the land,as securing his or her investment.
A reserve fund approximately equal to 10% of the total.bonds issued will also be structured
into the proceedings so that if a property owner fails to make an assessment payment, the
reserve fund will be used to make the payment, which reserve fund will then be replenished
from mandaton foreclosure proceedings.
The meeting to be held on June 22, 1993 will be the final Public Hearing on the
Assessment District and the proposed improvements. At this meeting the following
procedures would be prescribed in conducting the Public Hearing before the City Council
for the Assessment District:
REPORT ON WRITTEN PROTESTS. The Mayor requests the City Clerk to advise as
to the number. and corresponding percentage of land area, of written protests on file with
the City Clerk at or prior to the time and date of the Public Hearing. If copies of the
written protests have not been distributed to the City Council members, the City Clerk or
a deputy Cite Clerk is required to read each protest into the record.
000110
E-
� 1
Page -3-
PURPOSE OF THE HEARING AND RIGHTS OF THE CITY COUNCIL. Bond
Counsel or other City staff would report that the necessary affidavits of publication, posting
and mailing, duly executed by the responsible parties, are on file with the City Clerk and
that the City Council has jurisdiction to conduct the Public Hearing, and that the purpose
of the Public Hearing is to hear all endorsements and protests concerning the Assessment
District. Property owner and all interested citizens should have the right to speak before
the City Council as to any item contained in the Engineer's Report on file with the City
Clerk. The City Council must hear all protests and endorsements and at the conclusion of
public testimony the hearing should be closed and the matter referred to the City Council
for deliberation. During its deliberation and future action, the City Council may make
changes and modifications in the work, the assessments, the timing or any other matters that
the City Council feels justified in doing based on evidence received at the Public Hearing.
If any changes result in the increase in assessments or the elimination of benefits that are
proposed to be received by property owners without a corresponding decrease in the
• amount of assessment, the City Council must hold an additional Public Hearing on the
change and modification, and a 45-day notice must be given to allow property owners the
right to be heard as to changes and modifications.
PUBLIC HEARING OPENS. The Mayor opens the Public Hearing and anyone wishing
to speak for or against the project does so during this time.
PUBLIC HEARING CLOSES. The Mavor closes the Public Hearing and refers the matter
to the Citv Council for further deliberation and consideration of adoption of the below
resolutions. Assuming there are no changes and modifications, and assuming the City
Council is willing to overrule protests, if any, the City Council would then be free to
consider the adoption of the following resolutions:
1. Resolution Overruling Protests on Resolution of Intention No. 119-92 - this
Resolution overrules protests, if any, filed with the City Clerk prior to the public hearing.
2. Resolution Adopting Engineer's Report, Confirming the Assessment and
Ordering the Acquisition of Improvements -this resolution adopts the Engineer's Report,
confirms the assessment amount and spread, and orders the acquisition and construction
of the improvements. The resolution also directs the recording of the assessment diagram
and the notice of assessment.
3. Resolution Authorizing the Execution of the Acquisition Agreement - this
resolution authorizes execution of the agreement for Acquisition of Improvements attached
as Exhibit "A" thereto.
000111
r
Page -4-
4. Resolution Determining Unpaid Assessments and Providing For the Issuance
of the Bonds - this resolution recognizes compliance with the waiver of the mailing and
Publication requirements regarding the notice of time and manner in which assessments can
be paid in cash. This resolution, among other things, contains the description of the Fiscal
Agent's responsibilities, establishes and describes the funds to be administered by the
Fiscal Agent, provides the parameters necessary to foreclose against delinquent parcels, and
orders the printing and authentication of Bonds. The resolution approves the form of the
Purchase Agreement, the form of Fiscal Agency Proposal, and the form of Preliminary
Official Statement.
5. Resolution Awarding Sale of Bonds - this resolution awards the sale of the
Bonds pursuant to the terms of the Purchase Agreement approved in the above Resolution
Determining Unpaid Assessments and Providing for the Issuance of the Bonds. The
resolution also directs the Treasurer to have the Bonds printed and delivered to the
Underwriter in exchange for the purchase price thereof.
The major difference between the Resolutions prepared for this project and those
prepared for the Street Improvement Project is due to the waiver of the Cash Payment
Period. Because the Cash Pavment Period has been waived, the assessments become due
and payable immediately, therefore the unpaid assessments can be calculated and the bonds
can be prepared for sale to the underwriter. Additionally, this project calls for an
Acquisition Agreement to determine how and when bond proceeds can be spent on
acquiring the improvements constructed at the direction of the project proponents.
Please phone me with any comments regarding the above resolutions prior to close
of a'-enda on June 15. 1993. Originals of the above resolutions are being sent to Ms. Lee
Raboin, as Cite Clerk. If changes are not necessary, Ms. Raboin will be in custody of the
original resolutions for purposes of placing said resolutions on the June 22, 1993 agenda.
If changes are necessary the undersigned will resubmit originals to Ms. Raboin prior to June
15. 1993.
Very truly yours,
HAIGHJ HAIGHT
CANh1✓It(� A. WEIST
CA«':lk
Enclosures
cc: Andy Ta�ata. Henry En,-,en,
Mark Joseph, Lee Raboin and Victor Subbotin
000112
RESOLUTION NO. 6£i-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO OVERRULING PROTESTS ON
RESOLUTION OF INTENTION NO. 119-92
CAMINO REAL IMPROVEMENT PROJECT
RESOLVED, by the City Council (the "Council") of the City of Atascadero,
California (the "City,,), that
WHEREAS, this Council did on November 10, 1992, adopt its Resolution of
Intention No. 119-92, to acquire improvements in and for said City; and
WHEREAS, Resolution No. 32-93, adopted by this Council on April 27, 1993,
appointed the time and place of hearing protests in relation to the proposed acquisition of
. improvements and directed notice thereof to be given; and
WHEREAS, notice was given of the time and place therein stated in the manner
provided by law as appears from the documents on file in the office of the City Clerk; and
WHEREAS, all written protests and other written communications were publicly
read at said meeting and all persons desiring to be heard were fully heard.
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That protests against said acquisition of improvements were not signed by the
owners of a majority or more of the area of the lands within the assessment district to be
assessed for the costs and expenses of said acquisition of improvements.
2. That said protests be. and each of them are hereby, overruled.
1
000�1�3
SENT BY:HAIGHT & FIA 16HT 06-16-93 11:56AM 4884381367-3 18052390758 #17
RESOLUTION NO. 69-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS
CAMINO REAL IMPROVEMENT PROJECT
RESOLVED, by the City Council (the "Council") of the City, of Ataseadero,
California (the "City"), that
WHEREAS,on the 10th day of November, 1992,said Council adopted its Resolution
of Intention No. 119-92 (the "Resolution of Intention"), to form the Camino Real
Improvement Project (the "Assessment District") and to acquire certain improvements in
said City, and referred the proposed acquisition of improvements to the Assessment
• Engineer (the "Engineer"), he being the officer having charge and control of the
acquisition of improvements in and for said City of the kind described in said Resolution
of Intention and being a competent person appointed by said Council for that purpose;
WHEREAS, said Council thereby directed said Engineer to make,and file with the
City Clerk a written report in accordance with and pursuant to the Municipal Improvement
Act of 1913 being Division 12 of the California Streets and Highways Code (the "Act");
WHEREAS, said written report was duly made and filed with the City Clerk prior
to April 27, 1993, and was thereafter subsequently revised prior to the adoption of this
resolution (the "Report");
WHEREAS, on April 27, 1993, pursuant to Resolution No. 31-93, said Council duly
considered said Report and found that each and every part thereof was sufficient in every
i
000115
SENT BY:HA 1 GHT & Hp 1 GhiT 06-16-93 11:56AM 4084381367 18052390758 t#18
particular and determined that it should stand as the Report for all subsequent proceedings
under said Act, whereupon said Council, pursuant to the requirements of said Act,
appointed Tuesday, May 11, 1993 at the hour of 7:00 o'clock p.m., in the regular meeting
place of said Council, Council Chambers, City Hall, 6500 Palma Avenue, Atascadero,
California, as the first public hearing; and Tuesday, June 22, 1993, at the hour of 7:00
o'clock p.m.,in the regular meeting place of said Council Chambers, City Hall,6500 Palma
Avenue, Atascadero,California, as the second public hearing and the time and place when
and where it will further consider and finally act upon the Report.
WHEREAS, it appears that notices of said public hearings were duly and regularly
posted, mailed and published in the time, form and manner required by said Act, as
evidenced by the documents on file with the City Clerk, whereupon said public hearings
were duly and regularly held at the times and place stated in said notice;
WHEREAS, pursuant to Resolution No. 68-93 , adopted on June 22, 1993,said
Council overruled any protest to the acquisition of improvements, or to the extent of the
Assessment District, or to the proposed assessment or diagram, or to the maps and
descriptions or to the grades at which said work will be done,or to the Engineer I s estimate
of the costs and expenses thereof, after all persons interested desiring to be heard were
given an opportunity to be heard, and all matters and things pertaining to said acquisition
of improvements were fully heard and considered by said Council, and said Council has
acquired jurisdiction to order said acquisition of improvements and the confirmation of said
diagram and assessment to pay the costs and expenses thereof; and
2
000116
SENT BY:HAIGHT & Fin 1GHT 06-16-93 11:57AM 4084361367-) 18052390?SB #19
. WHEREAS, it is in the best interest of the Council and the Assessment District to
retain said jurisdiction to acquire said improvements and levy said assessments and issue
said bonds.
NOW,THEREFORE,said Council does hereby FIND,DETERMINE and ORDER,
as follows:
1. That the owners of one-half(1/2) or more of the area to be assessed for the cost
of the project did not, at or prior to the time fixed for said second public hearing, file
written protests against the said proposed acquisition of improvements as a whole, or
against the said Assessment District or the extent thereof to be assessed for the costs and
expenses of said acquisition of improvements as a whole, or as to the Engineer I s estimate
of said costs and expenses, or against the maps and descriptions, or against the diagram or
assessment to pay for the costs and expenses thereof.
2. That the schematic plans and specifications for the proposed acquisition of
improvements, contained in said Report, be, and they are hereby, finally adopted and
approved as the plans and specifications to which said work shall be done as called for in
said Resolution of Intention.
3. That the Engineer?s estimate of the itemized and total costs, and expenses in
connection therewith, contained in said Report, be, and it is hereby, finally adopted and
approved as the Engineer Is total and detailed estimate of the costs and expenses of said
acquisition of improvements.
4. That the diagram showing the Assessment District referred to,and described in
said Resolution of Intention, and the boundaries and dimension of the respective
subdivisions ha,,*been given a separate number upon said diagram, as contained in said
3
00011'7
SENT BY:HA1GHT & Fp1GHT 06-16-93 11:58AM 4084381367-) 18052390756 120
Report, be, and it is hereby, finally approved and confirmed as the diagram of the
properties to be assessed to pay the costs and expenses of said acquisition of improvements.
5. That the assessment of the total amount of the costs and expenses of the
proposed acquisition of improvements upon the several subdivisions of land in said
Assessment District in proportion to the estimated benefits to be received by said
subdivisions, respectively, from said acquisition of improvements, and of the expenses
incidental thereto, contained in said Report, be, and the same is hereby, finally approved
and confirmed as the assessment to pay the costs and expenses of said acquisition of
improvements.
6. That said Report be, and the same is hereby, finally adopted and approved as a
whole.
7. That the city Clerk shall forthwith deliver to the Superintendent of Streets/City
Engineer the said assessment, together with said diagram thereto attached and made a part
thereof, as confirmed by this Council with his certificate of such confirmation thereto
attached as of the date thereof-,and that said Superintendent of Streets/City Engineer shall
record said diagram and assessment in his office in a suitable book to be kept for that
purpose, and append thereto his certificate as to the date of such recording, and such
recordation shall be and constitute the assessment roll herein.
8. That said Superintendent of Streets/City Engineer, upon recording of said
diagram and assessment, shall mail to each owner of real property within the Assessment
District at his last known address as to the same appear on the tax rolls of the City or on
file in the office of the City Clerk, or to both addresses if said address so appears, a
statement containing a designation by street number or other description of the property
4
000115
SENT BY:HAIGHT 8 HAIGHT 06-16-93 11:SBAM 4084381367-3 18052390758 #21
assessed sufficient to enable the owner to identify the same, the amount of the assessment,
the time and place of payment thereof, the effect of failure to pay within such time, and a
statement of the fact that bonds will be issued on the unpaid assessments pursuant to the
Improvement Bond Act of 1915.
9. That said Superintendent of Streets/City Engineer shall also give notice by
publishing a copy of a Notice to Pay Assessments by two successive insertions in a
newspaper published and circulated in said City, that said assessment has been recorded in
his office, and that all sums assessed thereon are due and payable immediately, and that
the payment of said sums is to be made thirty (30) days after the date of recording said
assessment, which date shall be stated in said notice, and of the fact that bonds will be
issued upon unpaid assessments as above provided.
10. The requirement of mailing and publication set for in Section 8 and 9 above,
may be dispensed with if the City Clerk receiver a Waiver and Consent from all assessed
• owners as shown in the Engineer's's ReP ort.
�
s a a a a a a a a a
S
000119
SENT BY=HAIGHT 8 HAIGHT 06-16-93 11:S9AM 4084381367-) 18052390758 X22
PASSED, APPROVED AND ADOPTED this day of , 1493, by the
following vote:
AYES:
NOES:
ABSENT
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
6
000120
RESOLUTION NO. 70-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO AUTHORIZING EXECUTION
OF AGREEMENT FOR ACQUISITION OF PUBLIC IMPROVEMENTS
CAMINO REAL IMPROVEMENT PROJECT
RESOLVED, by the City Council of the City of Atascadero, California, that certain
agreement attached hereto as Exhibit "A" for acquisition of public improvements duly
signed by the owners of property within the Camino Real Improvement Project Assessment
District from whom the proposed acquisitions and improvements are to be made is hereby
approved, and the City Manager is hereby authorized to sign said agreement on behalf of
the City and the City Clerk shall attest his signature thereto.
PASSED, APPROVED AND ADOPTED this day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
1
00011
JUN-18-1993 13:26 FROM NORTH COAST ENG,INC TO 4617615 P.02
[FORM EXAMPLE OF] 41
AGREEMENT FOR THE A,CQUISMION OF 4?* .
IMPROVEMENTS
CITY Of ATASCADERO
CAMINO REAL IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into this day of , 1993,
by and between the City of Atascadero, a municipal corporation of the State of California
(the "City,,), acting on behalf of the Camino Real Improvement Project Assessment
District,and Golden West Development Corp.,a California corporation,(the "Developer").
RECITALS:
1. Developer has filed its petition with the City, and the City has instituted
proceedings under the Municipal Improvement Act of 1913 (the "Act"),for the formation
of a special assessment district pursuant to Resolution No. 119-92, adopted November 10,
1992, for the acquisition and construction of public improvements and to finance the cost
thereof by the issuance of City of Atascadero, Camino Real Improvement Project, Limited
Obligation Improvement Bonds (the "Bonds-), under the Improvement Bond Act of 1915
(the "Bond Acte).
2. Developer is the owner of all that certain land, the boundaries of which are
shown on a map thereof attached hereto as Exhibit "A", and said land shown in that
Exhibit "A" is 1pcated within tate boundaries of the Camino Real Improvement Project
Assessment District (the ,Assessment District") and is thereby subject to a lien of
assessment allocated among the land within the Assessment District pursuant to as
engineer I s report (the ItEngineer,s Report") a copy of which is attached hereto as Exhibit
3. Developer desires to construct all of the public improvements generallY
described in Exhibit „B,- (the "Improvements").
4. The City and the Assessment District have determined that the acquisition
of the Improvements pursuant to this Agreement will provide a public purpose by
permitting the earlier installation of needed public improvements than could be achieved
without such acquisition.
COVENANTS:
In consideration of the mutual promises and covenants set forth herein,and for other
valuable consideration, the sufficiency and xeceipt of which are hereby acknowledged, the
parties hereto agree as follows:.
1
JUN-18-1993 13:27 FROM NORTH COAST ENGPINC TO 461'7615 P.03
.-, rte?
1. Recitals. Each of the parties hereto represent and warrant, each to the other,
that the above recitals are true and correct.
2. Formation of the Assessment District and the Sale of Boctds. The City shall
'continue to completion all necessary proceedings (the "Proceedings") pursuant to the Act
and Bond Act for the issuance,sale and delivery of the Bonds (the "Bonds");provided that
each step in the Proceedings and the Principal amount and timing of the We of Bonds shall
be in all respects subject to the approval of the City Council or its designee, and nothing
contained herein shall be construed as requiring the City to issue the Bonds for the
Assessment District.
3, Purchase and Sate. Subject to the terms and conditions contained hereinafter,
the Developer agrees to sell and the City agrees to.purchase all those certain public
improvements as more particularly described in Exhibit "Btu.
4. Use of Bond Proceeds. The proceeds of the Bonds shall be deposited, held,
invested, reinvested and disbursed as provided in the Resolution pursuant to which the
Bonds are issued (the «Resolution«). A portion of the proceeds of the Bonds shall be ser-
aside pursuant to the Resolution in a separate improvement fund (the "Improvement
Fund") to pay the cost of the acquisition of those certain Improvements described in
Exhibit ,sBTM.
S. Construction of and Payment for Improvements.
a. Plans and Specifications:Prevailing Wates. The Developer represents
that it has or will obtain approval in writing by all appropriate City departments of the
plans and specifications for the Improvements. The Developer fimher represents that said
design, plans aad specifications shall meet all City standards and requirements, as well as
all oTher local, state and federal standards and requirements, as applicable. To the extent
required by applicable law, the Developer and its contractors shall comply with. the
California Labor Code provisions concerning payment of prevailing wages, wage rates,
employment of apprentices, hours of work and overtime, keeping and retention of payroll
records, and other requirements applicable to public works projects within the meaning of
the Gabor Code.
b. Call For Bids. The Developer shall solicit and obtain not less than
three (3) proposals or bids for the construction of said Improvements. The Developer
shall be directed to publish once a week for two weeks int a local newspaper published and
circulated in the City, a Notice inviting sealed proposals or bids for the construction of
Improvements. and referring* to the approved plans and specifications Said sealed
proposals shall be delivered to and opened at the office of the Director of Public Works
of the City, or such other City office as the City shall desi ate. Developer shall award the
contract to the lowest responsible bidder or,within ten(10 days after awarding the contract
to the lowest bidder, can agree to perfoxm the work himself at a price not exceeding the
lowest responsible bid. The contractor shall be approved by the City and shall be licensed
JUN-18-1993 13:28 FROM NORTH COAST ENG,INC TO 4617615 P.04
n
. in the State of California to do the type of work called for in the approved plans and
specifications. Such selected contractor shall construct the improvements consistent with
the approved plans and specifications.
C. Inspection and Acceotance. The Improvements shall be promptly
accepted by the City and the Purchase Price (as hereinafter defined) promptly paid from
Bond proceeds if upon a final inspection by the City the Improvements are completed in
accordance with the approved plans and specifications, a notice of completion has been
filed with the San Luis Obispo County Recorder, and there has been a delivery of
appropriate lien releases from all subcontractors and a waiver and lied release from the
general contractor. Developer shall be responsible for all costs incurred in testing the
Improvements needed or required by the City or other public entities raving jurisdiction,
such as the State Department of Health Services or the California Regional Water Quality
Control Board. The Improvements shall be subject to inspection by the City, which
inspection shall be accomplished in a timely manner. "The inspection of the Improvements
shall not relieve the Developer or its contractors of their obligation to construct the
Improvements in accordance with the approved plans and specifications. The Developer
shall provide the City with a twelve (12) month warranty coveringworkmanship and
materials. Defective work shall be made good and substandard materials may be rejected
and replaced at no cast to the City,notwithstanding that such work and materials have been
previously overlooked or inspected by the City. If any deviation occurs with respect to the
plans and specifications it shall require a change order approval of the City. Prior to
acceptance of any Improvements by the City, the Developer shall provide as-built drawings
in a reproducible mylar form reasonably acceptable to the appropriate aty Engineer, along
with evidence reasonably satisfactory to the City Engineer that all costs of the Improvement
• have been fully paid by the Developer. All. warranties, guarantees or other evidence of
contingent obligations of third persons with respect to such Improvements shall be delivered
to the City Engineer prior to the City,s acceptance thereoL
d. Purchase Price. City agrees to pay the actual cast of the items of
construction set forth in Exhibit "B" attached hereto (the "Purchase Price") which shall
be reasonably determined by the City Engineer. The Purchase Price shall not exceed the
cost of developing the Improvements described in Exhibit "B11. Notwithstanding the
foregoing, the Purchase Price shall include, but not be limited to, all costs of the
Improvements, the costs for preparing plans, specifications and as-buik drawings, and all
costs of construction reasonably determined by the City En&eer to be ellgibie under the
Act to be part of the Purchase Price. The Purchase Price will also include fees and costs
incurred in obtaining permits,licenses, easements,the costs of change orders,plan checking,
inspection, engineering, legal, construction supervision, administration,'and accounting.
The Developer shall provide any documentation substantiating the cost of the
Improvements reasonably requested by the City Engineer or the City Administrative Office.
There shall be a presumption of reasonableness as to costs incurred under a construction
contact entered into as a result of calling for bid proposals, provided that no extraordinary
limitations or requirements (such as a short time frame) are imposed by the Developer or
the performance of such construction contract.
3
JUN-18-1993 13:29 FROM NORTH COAST ENG.INC TO 4617615 P.05
e. Pavme _is to Develonet: Upon completion of each of the item. of
Improvements as described in Exhibit "B"*the Developer may request in writing a.paw ert
on the total Purchase Price of such item. Such payments therefor shall be made only froom.
.the Improvement Fund to the extent it contains available Bond proceeds (and from no
other funds or accounts of the City) and in the amount reasonably determined by the City
Engineer with respect to the Improvement to be acquired, as specified in'a cost certificate
completed by the City Engineer. Any such Improvement to be acquired by the City must
be completed, inspected and accepted in accordance with Paragraph 5c hereof Any
Improvement to be accepted by the City must be in such condition that it is ready for use
by the City or the public as determined by the City Engineer. Subject to the other term
and conditions contained herein, the City may, at its sole discretion, acquire the
Improvements from the Developer in one or more phases as improvements are completed
and installed; provided, however, the aggregate purchase price for each phase or segment
of work to be acquired shall not exceed the share of Bond proceeds allocated for such
phase or segment of work as specified in the Engineer's Report; and further provided that
under no circumstances shall the aggregate Purchase Price for the total of aJ1 the,
Improvements to be acquired hereunder exceed the total aggregate of Bond Proceeds
allocated for the acquisition of the Improvements listed in Exhibit "B«.
C. Ownership and Transfer f 1MVMy1me . The provision for omveyance of
the Improvements to the City shall take place as follows:
(a) 1=rovements-Canstructed on Land Owned by ID if
if
Improvements are located on land owned or c ontrolle&by Developer, then-
Developer shall retain the title it obtains to said land and the Improvements
constructed thereon until the land and Improvements are acquired by City,
pursuant to this Agreement. Cantil title to the land and Improvements are
acquired pursuant to this Agreement, the Developer shall maintain the land
and Improvements in good and safe condition. Transfer of title to the land
and Improvements shall take place as specifiied below.
(b) Improvements Constratrted on Land Owned by City in Fee or
Easement If Improvements are located on land which the City holds fee title
or easement rights, the Developer is hereby granted a license to enter the
said land for purposes related to the construction and maintenance, prior to
acquisition by the City of said Improvements puM=t to this Agr nt<
4
JUN-18-1993 13:30 FROM NORTH COAST ENGYINC TO 4617615 P.06
• (c) Personal PrpS&rZ. if the Developer provides any personal
property as part of the Improvements to be acquired by the City pursuant
to this Agreement, transfer by the Developer to the City shall be
accomplished by a Bill of Sale. r
7. Ownership and Transfer of Real Prooerty. Conveyance of the real property
to the City shall take place as follows:
(a) hand (fee or easemDeveloper shall transfer to the City
the appropriate rights, title and interest in and to the land to be acquired as
part of the Proceedings. Title to said land shall be free and clear of all liens,
encumbrances and other monetary obligations, as evidenced by a standard
CLTA form of title insurance issued by a tine company acceptable to City.
Developer agrees to execute and. deliver to the City, those documents of
conveyance required to transfer acceptable title (as defined herein) to the
land. Acceptable title means title to the land delivered free and clear, as
evidenced by a standard CLTA form of title insurance, of all liens,
encumbrances, assessments, easements or leases, whether any such interest
is recorded or unrecorded, taxes, and any other monetary obligation, except
those matters which are determined by the City Engineer in his:reasonable
direction not to interfere with the intended use of the land and therefore are
not required to be cleared from the title. Developer also agrees to wa=te
and deliver to the City all real property, interests in real property, easements-
rights-of-way
asements,rights-ofway and title insurance that are necessary or appropriate for the
ownership and maintenance of the said Improvements at no cost to City.
• (b) Closing Costs. City shall reimburse Developer from the available
Bond proceeds, to the extent permissible under Paragraph Sc hereof, any
requested documentary transfer taxes, the cost of title insurance for any title
policy, the cost of any special endorsements, the cost of recording necessary
documents and any escrow fees.
8. Permits. Licenses and Easements. Developer shall obtaiia all necessary local,
City, and State permits and approvals, iueludiug, but not limited to, encroachment permits,
and shall conform to the requirements thereof Developer snail obtaia aU real property,
interests in real property, easements and rights-of-way that are necessary or appropriate in
the opinion of the City, for the ingress and egress to and from the Improvements for the
maintenance, repair, removal,replacement and improvement thereof; and said grant deeds
and easements shall be in a form approved by the City.
9. Indemnification and Hold Harmless. Developer and its contractors shall
defend, indemnify and hold harmless the City and its Agents, officers, directors, emFloyees
and agents, and each and every one of them, from and against all actions,damages, claims,
losses or expenses, including reasonable attorneys' fees and court cosh. of every type and
description, by reason of or resulting from(i) Developer's breach of any of its obligations
ander this Agreement, (ii) the design, engineering and construction of the Improvements
described in Exhibit ,Bit, and all appurtenances thereto, (iii) any cause or causes
5
•
JUN-18-1993 13=30 FROM NORTH COAST ENGPINC TO 4617615 P.07
• whatsoever (other than City willful misconduct or sole active negligence) occurring in or
about the Improvements while Developer is in possession thereof, or (iv) the claims of
Developer, its officers, employees or agents,wherever or however the same may Occur. In
addition, if the City or any of its directors, officers, employees or agents should be sued as
a result of such performance, the City shall notify the Developer which shall have the duty
to defend the City, and/or its respective directors, officers, employee$ or agents, or, at the
City's option, pay for such defense including, but not limited to, payment:of all reasonable
attorney 4 s fees and expenses incurred by the City, and/or its respective directors, officers,
employees or agents.
City shall not be liable to Developer, for any injury to Developer in or about the
land resulting from theft, fire, act of God, riot, strike, insurrection, war, court order,
requisition or government order; provided, however, that City shall not be released froze
liability for loss or damage proximately caused by its wdl£ul misconduct or sole active
negligence of which it has knowledge and a reasonable time to correct.
The parties expressly agree and acknowledge that Developer's duties to indemnify,
protect, defend and hold harmless under this paragraph shall extend to causes of action,
penalties, claims, costs, expenses, demands, lawsuits and liability of or, against the City
resulting from the alleged failure to comply with any provision of the California Labor
Code, Division 2, Part 7, Chapter 1 (Sections 1720-1861) in connection with the
construction of Improvements.
In connection with the foregoing, Developer agrees with City to secure
comprehensive public liability and property damage insurance iu the fallowing amounts:
comprehensive liability,$1,000,000 per person,$3,000,000 per occurrence;$500,000 property
damage. Developer agrees with City that it shall specifically name and cause City, and its
respective officers, agents and employees to appear as additional insureds under said
comprehensive liability policy and shall see that the comprehensive liability carrier is
obligated to furnish City a notice of any cancellation of said insurance at least ten (10)
days prior to any such cancellation. Developer further agrees to provide City prior to
commencing work under this Agreement with evidence of said comprehensive, public
liability insurance.
'Me comprehensive general and automobile liability insurance coverage shall. also
include the following: _
a. "Cross Liability" or "Severability of Interest„ clause.
b. General Liability coverage shall include:
(1) Comprehensive Form
(2) Fremises-Operations
(3) Explosion and Collapse Hazard
(4) Underground Hazard.
(5) Products/Completed Operations Hazard
(6) Contractualltasurauce
6
•
JUN-18-1993 13=31 FROM NORTH COAST ENG,INC TO 4617615 P.08
(7) Broad Fora.Property Damage Including Completed Operations
(8) independent Contractors
(9) Personal Injury
C. Automobile Liability coverage shall include:
(1) Comprehensive Form Including Loading and Unloading
(2) Owned
(3) Hired
(4) Non-Owned
Before work is commenced, the Developer or its contractor small furnish the City
with certificates of insurance as satisfactory proof that he carries worker 15 compensation
insurance as required by law and liability insurance in compliance with these requirements.
10. Relationship to Public Works. The parties hereto agree that this Agreement
is for the acquisition of certain public Improvements and appurtenances thereto by the
City from the proceeds of the sale of the Bonds and is not, nor is it intended to be, a
public works contract. In performing this Agreement, the Developer is an independent
contractor and not the agent of the City or the Assessment District, Neither the City or
Assessment District shall have the responsibility for payment to any contractor or supplier
of the Developer. Notwithstanding the foregoing, the Developer understands that it shall
be subject to certain public contract rcquircments as provided herein.
11. Attorney I s Fees. In the event of the bringing of any action or suit by either
party against the other arising out of this Agreement, the party in whose favor final
judgment shall be entered shall be entitled to recover from the other party all costs and
expenses of suit,.including reasonable attorney's fees.
12. Rr, rds. All records, accounts, documentation and other materials relevant
to a fiscal audit or examination, as specified by the City, shall be retained for a period of
not less than three (3) years from the date that all Improvements have been acquired by
the City pursuant to this Agreement or until such audit or examination is finished,
whichever is later.
if so directed by the City upon termination of this Agreement, the Developer shall
cause all records, accounts, documents, and other materials relevant to the work to be
delivered to the City as depository.
13. its and Recovery of Oyerpa<mteut . City and state officials shall have
the right, at any time during regular worlang hours, on reasonable advance notice, to
monitor and audit all work performed and all records and procedures related to this
Agreement, in order to see that all- applicable city and state regulations are met, to
determine the extent to which this Agreement is achieving its purpose, and to ensure that
costs are being incurred, reported and paid properly.
7
JUN-18-1993 13=32 FROM NORTH COAST ENG9INC TO 4617615 P.09
• 14. Nondiscrimination. The City is an equal employment opportunity employer
and is committed to an active nondiscrimination program.
The City is committed to and will afford equal employment opportunity to all
applicants and employees without regard to race, color, religion, ancestry, national origin,
age (over 40 years), sexy marital status, medical condition (cured or rehabilitated cancer),
physical handicap, political beliefs, or sexual. preference.
During the performance of all present contracts and future contracts between the
City and the State of California, which require the application of this policy, the City, the
Developer and its subcontractors and agents shall not unlawfully discriminate against any
ancestry, physical handicap, medical condition (cured or rehabilitated cancer), marital
status, age (over 44 years), sex, political beliefs, or sexual preference.
The City and Developer agree that no person in the United States shall, on the
grounds of race, color, religion, national origin, sex, age, or handicapped condition, be
excluded from participation in, be denied benefits of, or be subjected to discrimination
15. Conflict of Interest. Developer or its subcontractors or agents shall not,
during the term of this Agreement, with respect to the performance of this Agreement,
without having promptly disclosed the same to City in writing.
a) Contract for the acquisition of goods or services for more consideration
than would be paid for equivalent goods or services on the open market from any person
who is related by blood or marriage to a manager or a member of the governing board of
• the Developer, subcontractor or their agents, as the case may be; or
b) . Contract for the acquisition of goods or services for more consideration
than would be paid for equivalent goods or services on the open market from the
organization in which any person who is related by blood or marriage to a manager or
member of the governing board of the Developer,subcontractor or their agents, as the case
may be, has a substantial personal financial interest '
Such disclosure shall be in .writing, addressed to the City AdnVnistrativa Office.
Should the City Administrative Office object to such employment or contracting refuse to
give consent in writing to the Developer within three weeks of receipt of the disclosure,
then Developer either shall not permit such employment or contracting as so disclosed, or
shall file a letter with the City Clerk protesting the Oty Administrative Office I s decision.
In that event, said employment or contracting may continue until tile'' City Council has
decided the matter. The Developer shall comply with such Council. decision.
16. Non-collusion When the Developer calls for bids under paragraph 5b of this
Agreement, he shall require a non-collusion affidavit to be executed by each bidder and
submitted with the bid. The non-collusion affidavit shall be fits€ subject to City approval,
and at a minimum shall provide for the following;
JUN-18-1993 13:33 FROM NORTH CORST ENG,INC To 4617615 P.10
• a) That the signatory of the affidavit is the party making the bid;
b) That the bid is not made in the interest of or on behalf of any
undisclosed person, partnership, company, association, organization, or corporation;
c) That the bid is genuine and not collusive or sham;
d) That the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, .
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding;
e) That the bidder has not in any manner, directly or indirectly, sought
by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead,profit, or cost element of the bid price, or that
of any other bidder, or to secure any advantage against the public body awarding the
contract to anyone interested in the proposed contract;
f) That all statements contained in the bid are true; and
g) That the bidder has not, directly or indirectly,submitted bis or her bid
price or any breakdown.thereof; or the contents thereof, or divulged information or data
relative thereto,or paid, and will not pay, any fee to any corporation,partnership.company
association, organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid.
• 17. Notices. Any notices, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received
when personally delivered or 72 hours following deposit of the same in any United States
Post Office in California,registered or certified mail,postage prepaid, addressed as follows:
Developer: GOLDEN WEST DEVELOPNOENT
CORP.
7544 Morro Road
P.Q. Box 961
Atascadem, California 93423
Attention; Richard I. Shannon
James IL Miller,'Jr.
Chuck Voorhis
City: City of Atascadero
6500 Palma.Avenue
Atascadero, California 93422
9
JUN-18-1993 13:33 FROM NORTH COAST ENG,INC TO 4617515 P.11
• IN WITNESS WHEREOF, the parties have ex-ecuted this Agreement as of the day
and year first above written.
CITY OF ATASCADERO, for itself and on
behalf of Camino Real Improvement Project
Assessment District
By:
ATTEST:
City Clerk
Approved as to form:
City Attorney
By: - --
'9Developer
•
By:
'�Develoger"
11
TOTAL Pl It
SENT BY:HAIGHT & HALGHT 06-16-93 11:44AM 40843813674 18052390758 # 2
• RESOLUTION NO. 7 _q--j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO DETERMINING UNPAID ASSESSMENTS,
PROVIDING FOR THE ISSUANCE OF BONDS
PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915„1
APPROVING A PRELIMINARY OFFICIAL STATEMENT,
APPROVING THE FORM OF PURCHASE AGREEMENT, AND
APPROVING THE FORM OF FISCAL AGENCY PROPOSAL.
CAMINO REAL IMPROVEMENT PROJECT
WHEREAS, the City Council (the "Council") of the City of Atascadem,California,
(the "City") has heretofore undertaken proceedings pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the
State of California (the "Act");
WHEREAS, this Council has authority to issue bonds upon the unpaid assessments
levied upon lands within a special assessment district described in Resolution of Intention
No. 119-92, adopted November 10, 1992, (the "Resolution of Intention"), for the
acquisition of improvements, said special assessment district ]mown and designated as
"CAMINO REAL IMPROVEMENT PROJECT" (the "Assessment District,,);
WHEREAS, said proceedings provided for the issuance of bonds pursuant to the
"Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of
the State of California (the "Bond Act"), and it is necessary to establish terms and
provisions of such issuance; and,
WHEREAS, the time within which unpaid assessments were to be paid in cash was
duly waived by all property owners within the Assessment District in the nnanner provided
by law, and the Treasurer of the City (the "Treasurer") has filed a list of all assessments
which remain unpaid.
NOW,THEREFORE,BE TT RESOLVED by the Council of the City of Atascadero
as follows:
ion 1. That the above recitals are all true and correct,
$ection2. Unpaid Assessments. That the assessments now remaining unpaid, and
the aggregate thereof; are as shown on the list entitled "list of Unpaid Assessments", (the
"Unpaid list") referenced by the name of this Assessment District, a copy of which is, or
will be on file in the office of the Treasurer prior to the issuance of any bonds, and by this
reference said list is made a part hereof and is attached hereto as Exhibit "A".
1
0001'3
SENT BY:HAI6hfT & HAIGHT
06-16-,93 11:45AN 4084381367-) 18052390758 i# 3
Section 3. Parcel Descriptions. That for a particular description of the lots or
parcels of land bearing the respective assessment numbers set forth in said Unpaid List and
upon which assessments remain unpaid, reference is hereby made to the assessment and to
the diagram to be recorded in the office of the City Superintendent of Streets/City
Engineer prior to the issuance of any bonds.
Section 4. Issuance of Bonds. That bonds shall be issued in an amount not to
exceed $2,100,400, and upon the security of said unpaid assessments in accordance with
the provisions of the "Bond Act", and under and pursuant to the provisions of said
Resolution of Intention and the proceedings thereunder duly had and taken. The bonds
shall be designated the "City of Atascadero, Urnited Obligation Improvement Bonds,
Camino Real Improvement Project" (the "Bonds").
Section S. ]registered Bond. Said Bonds shall be issuable as fully registered Bonds
in the denominations set forth in Section 7.
Soction 6. Date of Bonds. Said Bonds shall be dated the date the Bonds are sold
and delivered, as set forth in the Purchase Agreement as approved according to Section 39
hereof, attached hereto as Exhibit "B", and made a part hereof by this reference (the
"Purchase Agreement").
ion 7. Matri . The Bonds shall be issued in denominations of$5000, or any
integral multiple thereof, (the "Bond Denomination"), and shall be issued with annual
maturities on September 2, commencing September 2, 1994. The interest rates and
principal amount maturing each year will be as set forth in the Purchase Agreement.
Section g. Interest. Each Bond shall bear interest at the rate or rates specified in
the Purchase Agreement from the interest payment date next preceding the date on which
the Bond is authenticated, unless the Bond is authenticated and registered as of an interest
payment date, in which event it shall bear interest from such interest payment date, or
unless the Bond is authenticated and registered prior to March 2, 1994, in which event it
shall bear interest from its date, until payment of such principal amount shall have been
discharged, at the rates per annum stated in the Purchase Agreement,payable semiannually
on March 2 and September 2 (each being an "Interest Payment Date") in each year,
commencing March 2, 1994,
Sedon 9. Fiscal Agent. Meridian Trust Company of California,is hereby appointed
as Fiscal Agent, Transfer Agent, Registrar and-Paying Agent (the "Fiscal Agent"), upon
the terms and condidons contained herein and in the form of Fiscal Agency Proposal
attached hereto as Exhibit "C" and incorporated herein by this reference.
The Fiscal Agent will maintain the registration books for the Bonds, as set forth in
Section 14 hereof,and will register and authenticate the Bonds upon initial issuance as well
as upon the transfer and exchange thereof,
2
000124
SENT BY-HAIGHT 8 HAIGHT 06--16-93 11:46AM 40843813674 180S23907S8 # 4
Principal of and interest on the Bonds will be paid by the Fiscal Agent on each
Interest Payment Date from moneys transferred to the Fiscal Agent by the City.
Section 10. Place of Payment. The principal and redemption premium on the
Bonds shall be payable in lawful money of the United States of America,upon presentation
and surrender at the designated office of the Fiscal Agent.
Interest on said Bonds shall be paid by check on each Interest Payment Date to
the registered owner thereof at his or her address as it appears on the books of registration,
or at such address as may have been filed with the Fiscal Agent for that purpose, as of the
fifteenth (15th) day immediately preceding each Interest Payment Date.''
Section 11 Qptional Redem t�ion. At the option of the County, any Bond, or a
portion thereof if issued In a denomination greater than $5,000, shall be subject to
redemption and payment in advance of maturity in increments of $5,000 as provided in
Section 8768 of the Bond Act, on the 2nd day of March or September in any year,by giving
at least thirty(30) days notice, by registered or certified mail, or by personal service, to the
registered owner thereof at his or her address as It appears on the books of registration
maintained by the Fiscal Agent, upon the payment of one hundred three percent (103%)
of the principal amount of Bonds called for redemption together with accrued interest to
the date of redemption, or date of payment if surrendered earlier.
If less than the entire Bond is redeemed, the unredeemed portion shall be reissued
to the registered owner thereof. Bonds will be selected for redemption in such a way that
the ratio of outstanding Bonds to issued Bonds shall be approximately the same in each
annual series insofar as possible. Within each annual series,Bonds shall be selected by lot_
No interest will accrue on a Bond beyond March 2 or September 2 on which the Bond Is
called for redemption. If a Bond is presented for payment and payment is refused because
of lack of available funds, however, the Bond will continue to accrue interest. IMM.
provisions of Part 11.1 of the Bond Act are applicable to the advance payment of
assessments and to the calling of the Bonds for redemption.
Section 12 Transfer of Registered Bonds. Any fully registered Bond may, in
accordance with its terms, be transferred upon the books of registration required to be kept
pursuant to the provisions of Section 14 by the owner in whose name it is registered, or by
his or her duly authorized attorney or legal representative, upon surrender of such fully
registered Bonds for registration of such transfer, accompanied by delivery of a written
instrument of transfer in a form approved by the Fiscal Agent and by the owner of said
Bonds, duly executed.
The Fiscal Agent shall require the payment by the Bondholder requesting such
transfer of any tax or other governmental charge required to be paid with respect to such
other transfer and such changes as provided for in the system of registration for registered
debt obligations. No transfer of fully registered Bonds shall be required to be made during
the fifteen (15) days next preceding each Interest Payment Date.
3
0001;;;
SENT HY: ia i GHT 8 Fq i GNT 06-16-93 11:47AM 404381367 18052390?58 # 5
Section 13 Exchange of Rcaistered Bonds. Fully registered Bonds may be
exchanged at the office of the Fiscal Agent,or designated transfer agent/registrar,for a like
aggregate principal amount of Bonds of the same series, interest rate and maturity, subject
to the terms and conditions provided in the system of registration for registered debt
obligations, including the payment of certain charges, if any, upon surrender and
cancellation of said Bonds. Upon such transfer and exchange, a new registered Bond or
Bonds of any authorized denomination or denominations of the same maturity for the same
aggregate principal amount will be issued to the transferee in exchange therefor.
Scction 14. Books of Re i%tra ion. There shall be kept by the Fiscal Agent
sufficient books for the registration and transfer of the Bonds and,upon presentation for
such purpose, the Fiscal Agent shall,under such reasonable regulations as it may prescribe,
register or transfer or cause to be registered or transferred, on said register, the Bonds ac
hereinbefore provided. The register shall show the series, number, date, amount, rata of
interest and last known holder of each Bond, and the number and amount of each interest
payment made.
Section 15. Execution of Bonds. The Bonds shall be executed on behalf of the
City by the Treasurer and by the City Clerk (the "Clerk"), by the manual or facsimile
signature, and the corporate seal shall be reproduced by shmlar means on the Bonds. The
Bonds shall then be delivered to the Fiscal Agent for authentication and registration. In
case an officer who shall have signed or attested to the Bonds shall cease to be such offic ar
before the authentication,delivery and issuance of the Bonds, such Bonds nrmrtheless may
be authenticated, delivered and issued, and upon such authentication, delivery and issue,
shall be as binding as though those who signed and attested the same had remained in
office.
Section 16. Authentication. Only the Bonds as shall bear thereon a certificate of
authentication substantially in the form below,manually executed by the Fiscal Agent,shall
be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and
such certificate of the Fiscal Agent shalt be conclusive evidence that the Bonds so
authenticated have been duly executed, authenticated and delivered hereunder, and are
entitled to the benefits of this Resolution.
[FORM OF] FISCAL AGENT i S CERTIFICATE OF
AUTHENTICATION AND REGISTRATION
This is one of the Bonds described in the within-mentioned Resolution which has been
authenticated and registered on
as Fiscal Agent
By-
u o -Signatory
4
00012b
SENT BY:HAIGHT & HA1CHT 06-16-93 11:47AM 40843813674 18052390758 # 6
Seglion 17. Negotigbility.-Registratioun f of Bonds. The transfer of any
Bond may be registered only upon such books of registration upon surrender thereof to the
Fiscal Agent together with an assignment duly executed by the owner or his or her attorney
or legal representative, in satisfactory form. Upon any such registration of transfer, a new
Bond or Bonds shall be authenticated and delivered In exchange for such Bonds, in the
name of the transferee, of any denomination or denominations authorized by this
Resolution, and in an aggregate principal amount equal to the principal amount of such
Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which
Bonds shall be, exchanged or transferred, the Fiscal Agent shall authenticate at the earliest
practical time, Bonds in accordance with the provisions of this Resolution. All Bonds
surrendered in such exchange or registration transfer shall forthwith be cancelled. The
legislative body may make a charge for every such exchange or registration of transfer of
Bonds sufficient to reimburse it for any tax or other governmental charge required to be
paid with respect to such exchange or registration of transfer. The Fiscal Agent shall not
be required to make such exchange or registration of transfer of Bonds during the fifteen
(15) days Immediately preceding any interest Payment Date.
Section 18. Ownerrhi o�f Bonds. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof for all pu and
payment of or on account of the principal and redemption premium,of arty such Bond,and
the interest on any such Bond, shall be made only to or upon the order'of the registered
owner thereof or his or her legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Bonds, including the redemption
premium, and interest thereon, to the extent of the sum or sums so paid.
Section 19. Mutilated, Deatroved. Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the Council shall cause to
be executed and authenticated a new Bond of like date and tenor in exchange and
substitution for and upon the cancellation of such mutilated Bond or in lieu of and in
substitution for such Bond destroyed, stolen or lost, upon the owner's paying the
reasonable expenses and charges in connection therewith, and, in the case of a Bond
destroyed, stolen or lost, his or her filing with the Fiscal Agent of evidence satisfactory to
it that such Bond was destroyed, stolen or lost, and of his or her ownership thereof, and
furnishing the Fiscal Agent, with indemnity satisfactory to it.
Soction 2Q. Cancellation of Bond. All Bonds paid or redeemed, either at or before
maturity, shall he cancelled upon the payment or redemption of such Bands, and shall be
delivered to the Fiscal Agent when such payment or redemption is made. All Bonds
cancelled under any of the provisions of this Resolution shall be destroyed by the Fiscal
Agent.
Lou21. Book-Entry Satem. The Bonds shall be initially executed and delivered
in the form of a single, fully registered Bond for each maturity(which may be typewritten).
Upon initial execution and delivery, the ownership of such Bonds shall be registered in the
name of the Nominee identified below as nominee of The Depository Trust Company,New
York, New York. and its successors and assigns(the "Depository"). Except as hereinafter
provided, all of the Outstanding Bonds shall be registered in the name of the nominee of
5
s
00012'7
SENT BY:HAIG-{T g t-{g1GF{T 06-16-93 11:48AM 4084381367-)
18052390758 # 7
the Depository, which may be the Depository, as determined from time to time pursuant S
to this Section (the "Nominee").
With respect to the Bonds registered in the name of the Nominee, neither the City
nor the Fiscal Agent shall have any responsibility or obligation to any broker-dealers,banks
and other financial institutions from time to time for which the Depository holds Bonds as
securities depository (the "Participant") or to any person on behalf of which such a
Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, neither the City nor the Fiscal Agent shall have any responsibility or obligation
(unless the City is at such time the Depository) with respect to (i) the accuraey of the
records of the Depository, the Nominee, or any Participant with respect to any ownership
Interest in the Bonds, (ii) the delivery to any Participant or any other person, other than
an Owner of a Bond as shown in the Registration Books, of any notice with respect to the
Bonds, including any notice of redemption, (iii) the selection by the Depository and its
Participants of the beneficial interests in the Bonds to be redeemed in the event the City
redeems the Bonds in part, or (iv) the payment to any Participant or any other person,
other than an Owner of a Bond as shown in the Registration Books, of any amount with
respect to principal or interest, and the Maturity Amount or Accreted Value, as applicable,
and premiums, if any,with respect to the Bonds. The City and the Fiscal Agent may treat
and consider the person in whose name each Bond is registered as the holder and absolute
Owner of such Bond for the purpose ofpayment of principal and interest,and the Maturity
Amount or Accreted Value, as applicable,and premiums,if any,with respect to such Bond,
for the purpose of giving notices of prepayment if applicable,and other matters with respect
to such Bond, for the purpose of registering transfers with respect to such Bond, and for
all other purposes whatsoever. The City shall pay all principal and interest, and the
Maturity Amount or Accreted Value, as applicable, and premiums, if any, with respect to
the Bonds only to or upon the order of the respective Owner of a Bond, as shown in the
Registration Books, or its respective attorney duly authorized in writing, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to payment of principal and interest, and the Maturity Amount or Accreted
Value, as applicable, and premiums, if any, with respect to the Bonds to the extent of the
sum or sums so paid. No person other than an Owner of a Bond, as shown in the
Registration Books, shall receive a Bond evidencing the obligation of the City to make
payments of principal and interest, and the Maturity Amount or Accreted Value, as
applicable, pursuant to this Resolution. Upon delivery by the Depository to the Owners of
the Bonds, and the City of written notice to the effect that the Depository has determined
to substitute a new nominee in place of the Nominee, and subject to the provisions herein,
the word Nominee in this Resolution shall refer to such nominee of the Depository.
In order to qualify the Bonds for the Depository's book-entry system, the City is
executing and delivering to the Depository the Letter of Representations. 11e execution
and delivery of the Letter of Representations shall not in any other way limit the provisions
of this Section or in any other way impose upon the City any obligation whatsoever with
respect to persons having interests in the Bonds other than the Owners of the Bonds,
6
000128
SENT BY=HAIGHT 8 HAIGHT 06-16-93 11=49AM 40643813674 18052390758 kt 6
as shown on the Registration Books. In addition to the execution and delivery of the Letter
of Representations, the City shall take such other actions, not inconsistent with this
Resolution, as are reasonably necessary to qualify the Bonds for the Depository's book-
entry program-
In the event (1) the Depository determines not to continue to act as securities
depository for the Bonds, or (ii) the Depository shall no longer so act and gives notice to
the City of such determination, then the City will discontinue the book-entry system with
the Depository. If the City determines to replace the depository with another qualified
securities depository, the City shall prepare or direct the preparation of a new, single,
separate, fully registered Bond, per maturity, registered in the name of such successor or
substitute qualified securities depository or its nominee. If the City fails to identify another
qualified securities depository to replace the Depository,then the Bonds shall no longer be
restricted to being registered in the Registration Books in the name of the Nominee, but
shall be registered in whatever name or names owners of the Bonds transferring or
exchanging Bonds shall designate, in accordance with the provisions of this Resolution.and
the City shall prepare and deliver Bonds to the Owners thereof for such purpose.
In the event of a reduction in aggregate principal amount of Bonds Outstanding or
an advance refunding of part of the Bonds Outstanding„ the Depository, in its discretion,
(a) may request the City to prepare and issue a new Bond or(b) may make an appropriate
notation on the Bond indicating the date and amounts of such reduction in principal, but
in such event the City records maintained by the Fiscal Agent shall be conclusive as to what
amounts are Outstanding on the Bond, except in the case of final maturity, in which case
the Bond must be presented to the Fiscal Agent prior to payment.
Notwithstanding any other provision of this Resolution to the contrary,so long as any
Bond is registered in the name of the Nominee, all payments of principal and interest,and
Maturity Amount or Accreted Value, as applicable, and prennums, if any, with respect to
such Bond and•all notices with respect to such Bonds shall be made and given,respectively,
as provided is the Letter of Representations or as otherwise instructed by the Depository
and acceptable to the City.
The initial Nominee shall he Cede & Co., as Nominee of the Depository.
Section 22. Acquisition Fund. The Acquisition Fund shall be established and
maintained by the City. The proceeds from the We of the Bonds, after deposit of required
amounts in the Reserve Fund and Redemption Fund (as defined below), shall be placed
In the fund hereby created, pursuant to Sections 10602 and 10424 of the California Streets
and Highways Code, as amended, which shall be called the "City of Ataseadero. Camino
Real improvement Project-Acquisition Fund" (the "Acquisition Fund"), and the monies
in the Acquisition Fund shall be used only for purposes authorized in said assessment
proceedings.
7
000129
SENT BY:HAIGHT & HAIGHT 06-16-93 11:50AM 4084381367-) 18052390758 # 9
Except as expressly authorized by Section 36 of this resolution,the City shall disburse
moneys from the Acquisition Fund only upon receipt of a requisition of the City, signed
by the City Manager, City Finance Director, Treasurer, Administrative Services Director,
City Attorney, or any other officer of the City duly authorized by any of the foregoing
officers to sign said requisition. Said requisition shall state all of the following:
1. The amount of the request;
2. The purposes for which the money will be used;
3. The fact that said purposes are authorized under the assessment proceedings;
4. That said amount does not exceed the amount contemplated for such purposes
under the assessment proceedings; and
S. That the officer executing the requisition is authorized to do so under this
Resolution.
Each requisition shall be sequentially numbered and no amounts may be disbursed
from the Acquisition Fund except upon receipt of said requisition.
Any investment earnings on amounts on deposit in the Acquisition Fund shall be
used for the purposes set forth in the assessment proceedings, subject to any rebate to the
federal government,which rebate calculations will be made by the City in accordance with
the Non-Arbitrage Certificate and the Rebate Certificate,to be executed the day the Bonds
are sold and delivered (the "Closing Date").
Sggion 23 R.edemAtion Fund. The Redemption Fund shall be established and
maintained by the Fiscal Agent. Principal of and interest on said Bonds shall be paid only
out of the Redemption Fund created pursuant to Section 8671 of the Bond Act,which shall
be called the "City of Atascadero, Camino Real Improvement Project-Redemption Fund"
(the "Redemption Fund"). Payment of the Bonds at maturity, or at redemption prior to
maturity, and all interest and premiums on the Bonds shall be paid from the Redemption
Fund. In all respects not recited herein, said Bonds shall be governed by the provisions of
the Sand Act
Segtion 24. Reserve Fund. The Reserve Fund shall be established and maintained
by the Fiscal Agent. There shall be deposited into the Reserve Fund the amount of the
Reserve Requirement, as defined below and in Section 148 of the Internal Revenue Code
of 1986, or the Regulations promulgated thereunder, which shall be called the "City of
Atascadero, Camino Real Improvement Project-Reserve Fund (the "Reserve Fund").
Subject to any rebate to the federal government, all investment earnings on the Reserve
Fund will remain in the Reserve Fund and be used for the purposes set forth below;
provided, however,that under no circumstances shall the Reserve Fund exceed the Reserve
Requirement. The Reserve Requirement is defined as the lesser of(i) ten percent of the
proceeds (as said term is defined in Section 148 of the Internal Revenue Code of 1986, or
the regulations promulgated thereunder)of the Bonds, (ii) 125%of the average annual debt
service on the 'Bonds, or (iii) maximum annual debt service on the Bonds (the "Reserve
Requirement").
8
000130
SENT BY:HAIGKT & Hg1GKr 06-16-93 11:51AM 4084361367-3 180S23907S8 #10
i a
A. Whenever there are insufficient funds to the Redemption Fund to pay the
next maturing installment of principal of or interest on the Bonds, and to the extent that
the Sinking Fund is not available for whatever reason, an amount necessary to make up
such deficiency will be transferred from the Reserve Fund, to the extent of available fluids,
to the Redemption Fund in accordance with the Bond Act. The amount so advanced shall
be reimbursed to the Rcserve Fund from the proceeds of redemption or'We of the parcel
for which payment of delinquent assessment installments was made from the Reserve Fund.
B. If any assessment or any portion thereof is prepaid prior to'the final maturity
of the Bonds, the amount of principal of the assessment to be prepaid will be reduced. The
proportional reduction of the assessment shall equal the ratio of the total amount initially
provided for the Reserve Fund to the total amount originally assessed in the improvement
proceedings. The reduction in the amount of principal prepaid shall be compensated for
by a transfer of like amount from the Reserve Fund to the Redemption Fund.
C. The amounts deposited in the Reserve Fund shall never exceed the Reserve
Requirement, and, except to the extent, if any, required for rebate to the federal
government, all proceeds from investment of moneys on deposit in the Reserve Fund in
excess of the Reserve Requirement will be transferred to the Redemption Fund, on each
Interest Payment Date, and credited upon the Assessment District assessments.
D. When the amount in the Reserve Fund equals or exceeds the amount
required to retire the remaining unmatured Bonds (whether by advance retirement or
otherwise), the amount of the Reserve Fund shall be transferred to the Redemption Fund,
and the remaining installments of principal and interest not yet due from assessed property
owners shall be cancelled without payment, subject to satisfaction of the Fiscal Agent and
Treasurer.
Sectign 25. Inv tment of Moneys. Subject to certain tax covenants described below
and contained-in the Non-Arbitrage Certificate and the Rebate Certificate, to be executed
on the Closing Date,the Fiscal Agent shall invest the Redemption Fund and Reserve Fund
in accordance with the City I s investment policies. All investment earnings shall be credited
to the fund in which they were earned, and said investment earnings maybe applied for the
purposes of such fund, subject to certain requirements regarding rebate to the federal
government, if any.
Section 26. Surpius Acquisition Fund Moneys. The City hereby covenants that any
proceeds remaining in the Acquisition Fund shalt be used to reimburse the Assessment
District according to Sections 10427 and 10427.1 of the Act and in conformity with the
Engineer's Report for the Assessment District which is on file in the City Clerk's office
for further particulars.
Section 27. Covenant to Foreclose. The City hereby covenants that upon default
of any assessment payment due, it will cause foreclosure proceedings to be brought within
one hundred fifty (150) days of such default and thereafter diligently prosecute such
proceedings to completion.
9
000131
SENT BY:HA1GHT & HAIGHT 06-16-93 11:52A1 4084381367-) 18052390758 #11
5;c6on 28 Bpoks and Accounts: Financial Statement. The City will keep, or cause
to be kept, proper books of record and accounts, separate from all other records and
accounts of the City in which complete and correct entries shall be made of all transactions
relating to the project.
Section 29. Further Assurances. The City will adopt, make, execute and deliver
any and all such further resolutions, instruments and assurance as may be reasonably
necessary or proper to carry out the intention or to facilitate the performance of this
Resolution,and for the better assuring and confirming unto the Owners of the Bonds of the
rights and benefits provided in this Resolution.
Section 30. Tax Covenants. The City covenants to satisfy certain restrictions which
relate to conditions precedent to the issuance of tax-exempt obligations, as contained in the
Non-Arbitrage Certificate and the Rebate Certificate, to be executed on the Closing Date,
and said covenants are incorporated herein by reference.
Section al. Supp1m ental Resolutions Effesffiyc Without Can-sent of the Owners.
The City may from time to time, and at any time,without notice to or consent of any of the
Bondowners, adopt resolutions or orders supplemental to this Resolution for any of the
following purposes.
(a) to cure any ambiguity,to correct or supplement any provision in this Resolution
which may be inconsistent with any other provision in this Resolution,or to make any other
provision with respect to matters or questions arising under this Resolution or in any
additional resolution or order, provided that such action shall not adversely affect the
interest of the Bondowners; 0
(b) to add to the covenants and agreements of and the limitations and the
restrictions upon the City contained in this Resolution, other covenants, agreements,
limitations agd restrictions to be observed by the City which are not contrary to or
inconsistent with this Resolution as theretofore in effect or are necessary to ensure that the
interest on the Bonds remains excludable from gross income for federal income tax
purposes; and
(c) to modify, alter, amend or supplement this Resolution in any other respect
which is not adverse to the interests of the Bondowners.
Section, SupRiemental Roolutions Effectir, Any
modification or amendment of this Resolution and of the rights and obligations of the City
and of the Owners of the Bonds, in any particular, may be made by a supplemental
resolution, with the written consent of the Owners of at least sixty percent (60%) in
aggregate principal amount of the Bonds Outstanding at the time such consent is given. No
such modification or amendment shall permit a) any extension of the maturity date of the
principal oC or the payment date of interest on, any Bond, b) a reduction in the principal
amount of, or the redemption premium on, any Bond or the rate of interest thereon, e a
preference or priority of any Bond or Bonds, or d) a reduction in the aggregate principal
amount of the Bonds the Owners of which are required to consent to such modification or
10
0
000132
SENT BY:HAt6HT 8 HAIGHT 06-16-93 11:53AM 40843813674 18052390758 #12
iamendment without the consent of ali the Owners of such Bonds,or shall change or modify
any of the rights or obligations of the Fiscal Agent without its written assent thereto.
Section 33. Removal Qf Fiscal Agent. The City may at any time at its sole
discretion remove the Fiscal Agent initially appointed, and any successor thereto, by
delivering to the Fiscal Agent a written notice of its decision to remove the Fiscal Agent
and may appoint a successor or successors thereto;provided that any such successor.other
than the Treasurer, shall be a bank or trust company having a combined capital (exclusive
of borrowed capital) and surplus of at least ten million dollars ($10,000.000), and subject
to supervision or examination by federal or state authority. Any rcmoval shall become
effective only upon acceptance of appointment by the successor Fiscal Agent. If any bank
or trust company appointed as a successor publishes a report of condition at least annually,
pursuant to law or to the requirements of any supervising or examining authority above
referred to, then for the purposes of this section the combined capital and surplus of such
bank or trust company shall be deemed to be its combined capital and surplus as set forth
in its most recent report of condition so published.
Section 34. Resignation of Fiscal Agent. The Fiscal Agent may at any time resign
by giving written notice to the City and by giving to the Owners notice of such resignation,
which notice shall be mailed to the Owners at their addresses appearing in the registration
books in the office of the Fiscal Agent. Upon receiving such notice of resignation, the City
shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any
resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent
shall become effective only upon acceptance of appointment by the successor Fiscal Agent.
Unless a successor Fiscal Agent shall have been appointed by the tatty and shall have
accepted its appointment within 90 days after the resignation or removal of the Fiscal
Agent, as aforesaid, the Fiscal Agent may petition a court of competent jurisdiction to
appoint a Fiscal Agent to fill such vacancy.
Section 35. Order to Print and_Authenticate Bis. The Treasurer is hereby
instructed to immediately cause Bonds, as set forth above,to be printed, and to proceed to
cause said Bonds to be authenticated and delivered to,an authorized representative of the
purchaser,upon payment of the purchase price as set forth in the Purchase Agreement fully
executed by the City.
Section 36. Performance of Dudes by Officers. Each and every officer of the City
is authorized to perform his or her services on behalf of the City. The City Manager, or
his or her written designee, is authorized to pay the costs of such services and all other
costs necessary to effect the issuance of the Bonds. Such services and costs shall include,
but not limited to, engineering services, costs to print the Bonds, costs to print the
Preliminary Official Statement and Official Statement,Bond Counsel services,Fiscal Agent
services, costs to prepare Auditor Is Records, and any other services appropriate for the
issuance of the Bonds. These costs shall be paid only from monies on deposit in the
Acquisition Fund.
ll
000133
SENT BY:HAIGHT & HAIGHT 06-16--93 11:53AM 40843813674 18052390758 #13
Sectio�37. Ratification of Previous A ions:FLture A 'ons. All actions heretofore
taken by officers and agents of the City with respect to the We and issuance of the Bonds
are hereby approved, confirmed and ratified, and the City Manager, Treasurer,
Administrative Services Director, City Attorney, or any other officers of the City duly
authorized by the foregoing officer arc hereby authorized and directed to take any actions
and execute and deliver any and all documents as are necessary to accomplish the issuance,
sale, and delivery of the Bonds in accordance with the provisions of this Resolution and the
fulfillment of the purposes of the Bonds as described in this Resolution. In the event that
the Mayor is unavailable to sign any document authorized for execution herein, the City
Manager, City Attorney,or the Treasurer is hereby authorized to sign such document. Any
document authorized hereby to be signed by the Clerk may be signed by a duly appointed
deputy clerk.
Section 3838. Approv 'Me City hereby
approves the Preliminary Official Statement describing the Bonds, in substantially the form
submitted by M. L Stern & Co., Inc. (the "Underwriter") and on file with the Clerk, a
form copy of which is attached to this resolution as Exhibit RD". The City hereby
authorizes the distribution of a final Preliminary Official Statement relating to the Bonds
(the "Official Statement")by the Underwriter,and the execution of a certificate complying
with Rule 150-12 of the Securities and Exchange Commission by an authorized City
official. The Mayor, City Manager, City Attorney, Administrative Services Director, or
Treasurer are hereby authorized and directed to approve any changes in or additions to a
final form of said Preliminary Official Statement whose execution thereof shall be
conclusive evidence of approval of any such changes and additions.
Section 39. ApMroval of the Purchase Agreement ement. The City hereby approves the
Purchase Agreement, in substantially the form submitted by the Underwriter, a copy of
which LS attached to this resolution, provided the total principal amount of Bonds to be
issued does not exceed$2,100,000,the average interest rate shall not exceed 8%per annum,
and the term of the Bonds shall not exceed 25 years from the 2nd day of September next
succeeding 12 months from the date of the Bonds. The Mayor, City Manager, City
Attorney, or the Treasurer is hereby authorized and directed to approve any changes in or
additions to a final form of said Purchase Agreement approved by the Mayor, the City
Manager, City Attorney, Administrative Services Director, or the Treasurer, including, but
not limited to, interest rates, principal maturities, Underwriter I s discount, and the date of
the Bonds, whose execution thereof shall be conclusive evidence of approval of any such
changes and additions.
12
000134
SENT BY:HAIGHT g fg1GHT 06-16J93 11:S4AM 4084381367-) 18052390758 #14
Section 40. Other Officers. That the officers responsible for the execution of any
of the agreements, orders, or covenants contained in any of the foraging Sections or in any
other document heretofore approved in these proceedings are hereby authorized and
directed to take any actions and execute and deliver any and all further documents,
agreements or certificates as are necessary to accomplish the issuance and sale of the
Bunds.
PASSED, APPROVED AND ADOPTED this day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYO
ATTEST:
CLERK
13
-_ �. _._. ... 000.135..
RESOLUTION NO.
71-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AWARDING SALE OF BONDS
CAMINO REAL IMPROVEMENT PROJECT
RESOLVED, by the City Council (the "Council") of the City of Atascadero,
California (the "City,,), that
WHEREAS, pursuant to Resolution No. 72-93 , "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ATASCADERO DETERMINING UNPAID
ASSESSMENTS, PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO
THE "IMPROVEMENT BOND ACT OF 191511, APPROVING A PRELIMINARY
OFFICIAL STATEMENT, APPROVING THE FORM OF PURCHASE AGREEMENT,
AND APPROVING THE FORM OF FISCAL AGENCY PROPOSAL", adopted by the
City Council of the City on June 22, 1993, the City desires to sell the City of Atascadero,
Limited Obligation Improvement Bonds, Camino Real Improvement Project, in the
aggregate principal amount of not to exceed $2,100,000 (the "Bonds"), to M. L. Stern &
Co. Inc., upon the terms and conditions contained in the below-mentioned Bond Purchase
Agreement.
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That the Bond Purchase Agreement on file with the City Clerk and attached
hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved with
such additions, changes, or deletions as may be directed by the officer executing the same,
said execution to be considered approval of any such additions, changes, or deletions.
1
000136
2. That the Mayor, City Manager, Administrative Services Director, City Attorney,
City Treasurer, or an authorized deputy of either, be and are hereby ';directed to execute
such Bond Purchase Agreement, together with any additions, changes, or deletions as said
officer directs.
3. That the Treasurer of the City be and is hereby directed to have the Bonds
printed forthwith and immediately signed, sealed and delivered to M. L. Stern & Co. Inc.,
in exchange for the purchase price thereof.
PASSED, APPROVED AND ADOPTED this day of , 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
2
00013'7
JUN 16 ' 93 10: 55 FROM BAY AREA EXEC OFFICE PAGE . 002
i
PUBLIC FMANCE
ru CHASES OO ' tACT
Jtme 22, 19"
'Ilse Hof=nble Members of
the City Council of the
City of Adero
Dear Council Members:
For not to exceed $2,100,000 par value legally issued) 6mj wemwt
Bonds, City of Atascadero, Camino Real hWmemm Pt*a ct {Nee
"Assessment Disa-k t'j, dared July 1, 1.993, and mabzk* sw iallg f=
Septtmber 2, 1994, to September 2, 2013, hwhraive, subject to all of the
trxrns and conditions following, we will pay nim Pera int(98.00%)
of the par value thereof, with accrued interest to the date of delivery, for
bonds bearing interest at the rates and ma=ing in the momaft shown
in ExIdUt A herewith attached and considered a pat of his Purrhswe
Contract
Said Bonds shall be in the denomiaatioxi of SS,OW or aqv integral
mtiltipte thereof.
This bid is made for ar=ptancx by the Clic Council out .lune 22, 1993,
and is subject to the unqualified approving k*&l opWon of Haight &
Haight, Scotts Valk-.-, California., to be f= ishad tD us atg0ur expenw--
Said legal opkuon is 6o be printed on the bonds at ymr mpense.
S33 Airpmf Boak wd, 4th Floor, Bade, CaUmda 94010 t41M 340-IOW
Public F'axeace oSioes Beserig Hills.Sac: tc, Sao DWbW
Saks Officac- Bev"]-W M=" C-a•-�l, Sa=mento, a Member: NASD. SEC
0001;38
JUN 16 193 10: 56 FROM BAY AREA EXEC OFFICE PAGE . 003
June 22, 1993
City Council
EM 2 - 0
Dc iv=y of these bonds is to be made to us on or about July 1, 1993. if
the bonds arc not tendered for delivery to us acoonipanied by said
aFPz'�'. legW ophlion by July 1, 1993, we shell ham the right, at our
option, to canoe] this Contract of purd ane_ Ha wesm, by mutual
agreCment, the time for delivery may be Ctt=KW.
This bid is also made subject to the following terms ad corncliltions:
A) The bonds to be sold vdn be quad bg uftP;Rid asses
levied upon privslte property witbin send Af9taC$$YYig1t DW&h t,
and authorized by pCsuant m the
Municipal Improvement Act of 1913 Pieiou 12 of the
Streets and Highw Code of the Sbm of CaMornia), and
are to be issued pursuant to 'be Plow! s of the
Imprvw imcnt Bond Act of 1913 (Diw:%iW 10 of said Codej-
pr0owds from the sate of the bonds wM be used to pay the
co3u of the eme`tt Project as xmhoriwd by slid
PmB's-
Bj Ariv bond may be redeemed on any March 2,or September 2,
prior to its fined maturity date, at Ow option of the Citg
'treasurer, upon giving 30 bags prior notm. o d upon the
payment of the principal amo=t fl=wf and interest
accxucd thereon to the date of redouption, plus a
redemption prem of three per=t (3-00%) of the
principal a=unt thereof.
C) In the event of any delinquency in the peQyment of any
installment of an unpaid ft City must order
institution of an action in the SIperYor Court of the State of
Califo.-nma, to f weckm the Lien of such unpaid -- w e s went,
as authvriwd b%- Par, 14, Dirisiou 10 of the Str=ts and
Highvmys Code of the State of Caldmiis. In sueb.action, the
real properties subject to the unpoid assesstnenz may be
sold at judicial foreclosure. the Citi' has &-==wd to
authorize judicial foreclosure pr+oce+erlinga to be b 't
000139
JUN 16 ' 93 10: 56 FROM BAY AREA EXEC OFFICE PAGE. 004
June 22, 1993
City Council
Page 3
wiftn 150 days of an event of dcbngUerICY $0d thereafter
prosecute such proceedings to a C=Ch=i0n-
D) A speeisl Reserve Fund will be created to Pn+r k 6vai'labie
funds from which the City can advance and awk a pgpm+ent
an the c=ount of any delinquent asweernmtz IePW kr
these preodings. pavements fi+om the Resaw Fhmd shed[be
an advance to be reimbursed ft= the prods of the
redemption or sale of the pars 'With sit to which
Ment has been made. The Special R,cfti+re lend shah be
maintained as a separate trust acommt daft from aU
other fimcia of the City. The Special Remo P=d shag be in
an amount equal to the lesson of (1) the n=dW n annual
debt service on all Bonds them a utstaa4h kV M 125% of the
average annual debt service oa an Bonds thm outstanding,
provided, however, that the Rcacive Ftwd shad not Mweed
10% of the proceeds of the Bands, or P) 10% of the
aggregate princ#wl amount of the Bonds. 'The Special
Reserve Fund shall be adminixftxcd and p"tmwrats shall be
made, all as auth"ized zasdar the of the
Improvement Bond Act of 1915.
E) If a delinquency occurs in the pay=wt of any atssessrneat
installment, the City will have a duty only to tmnder into the
Kedemption Fund the amount of the d Ii NP I I r out of the
Reserve Fund. This duty on the pert of the City shall be
continuous during the period of the , only to the
extent of funds avwIeble f-am the Rte ' Ftmd, until
:cinststte=ent, redrmptioa, or sale of the delinquent
Fror'*ertF-
At the t rmc of pat-eneat for and delivery of the bonds, the City
vM famish a cefitc that there is no litigate= thnmtened
or pr-�affe c-brtg the cal>oditr of the bonds or the legality of
the assessment
000140
JUN 16 ' 93 10: 57 FROM BAY AREA EXEC OFFICE PAGE .005
June 22, 19W
City Counc7
Page 4
G) There shall be no bonds issued smn d by unpaid
assessaaents levied upon my iat or pwod of land belong
to the United States, or to the StM of W&Vrnk. or to ariy
County, Public Utilities District, pubbc mgmey mkndatory of
the govmmment, school board, educafinwir penal or mfm
institution or institution for the fccbJeaded or the insane,
whether such lot or paxcd of land is in use in the
peke of any public fuactivn,
Hj We estimate the total int ermt cost. kw1u&ng diaeount t)D be
$ .a net interest rarte of 96.
IWm proposal is submitted in duplicate, one coW of which is to be
officially signed and returned to us.
Very tzuly lours.
M. L. S'TMW &CO. INC.
Paul H. White
Executive Vice President
The foregoing proposal is hemby accepted on behalf of the City Council of
the City of Atascadero.
AUTRORECM BfQNATU
DAME:
W0141
JUN 16 ' 93 I0= 58 FROM BAY AREA EXEC OFFICE PAGE . 006
FRIT A
CITY OF ATASCADMO
SAN LUIS OBISPO COUNTY
CARWO REALDi�RQv' T pjtQ.T=
Y P�l�CIPAI•
1994
1945
19% -
1997 -
1998 - ----
1999
2000 --
2001 ---—
2002
2003
2004
2005
2006
2007
2008
2009
2010 -
2011
2012
2013
Exhibit A is hereby accepted on behalf of the City Cza ncil of the City o`
Atascadero.
AUrERXU=8T41'4 IVIM
DATA
i
** TOTAL PAGE . 006 **
000142
SENT HY-HAIGHT & Hn1GHT 06-16-93 03:19PM 4084381367-) 18052390756 # 2
Meridian Tech ConVany of COWO"H
650 Galdomia Street
8th Rmr
San F(Qr6 oo,CA 94108
(41 S)988-8098 FAX
Mer'idiakn Doo A. MV•
vim president
(WO 90470(dMd Voi0e
415)2914ASO 01110 fax) )
June 14, 1993
City of Atascadero
c/o Cameron A.Weist,Esq.
Attorney at Law
Haight&Haight
5522 Scotts Valley Drive:
Suite A
Scows Valley,CA 95066
RE: City of Atascadem
$2,100,000 Camino Real Fashion Outlet Assessment District Bonds
$1,500,000 Street improvement Project Bonds
Dear Mr.Weist:
Meridian Trust Company of California is pleased to present this proposal to provide fiscal
agency services for the City of Ataseadeso's financings.
Enclosed is our schedule of fees and charges; please note that the schedule applies
separatcly to each of the two City of Atascadero issues. The acceptance fee for the Street
Improvement Project issue is discounted from our usual charge to reflect certain economies
we expect to realize as a result of closing both issues concurrently.
Payable at closing will be our acceptance fee for each issue,our fust-year annual
administrative fee for each issue,our minimum fee for the initial issuance of bond
certificates($250 per issue),and reimbursement of our out-of-pocket expenses incident to
closing. We do not propose engaging outside counsel unless we will be required to furnish
an opinion of counsel or unless we will or might be the owner of real property. We
anticipate that we will not be wined to furnish an opinion of counsel and that we not be
the owner of real property,and we therefore have not quoted legA fees. A reasonable
esiimate of miscellaneous reimbursable expenses would be$200,split evenly between the
two issues. Thus,the total amount payable at closing for the Camino Real Fashion Outlet
Assessment District Bonds will be approximstely$4,050,and the total amount payable at
closing for the Street lmprovetnent Project Bonds will be approximately$3,550.
A brief introduction to our organization might be helpful. Meridian Bancorp,our patent,is
the holding company for a$ on bank,Meridian Bank,with about$900 million in
capital. It has a very strong regional commercial banking presence in Pennsylvania and
surrounding states. The trust subsidiary.responsible for administering over 2,000 separate
bond financings aggregating over$13 billion in outstanding debt,has offices in
000143
SENT HY:HALGHT & HAIGHT 06-16-93 03:19PM 4084381367-) 180523907S8 # 3
City of Atascadero
c/o Cameron A. Weist,Esq.
June 14, 1993
Page 2
Pennsylvania,Delaware and California, Meridian Trust Company of California was
chartered in California in 1989 with authorization to provide the fu11 array of trust servim-..
We presently act as trustee for over 200 financings,primarily for California firms,
subsidiaries and municipalities. The following is a partial listing; I would urge you to
contact any of the issuers listed to verify the quality of service Meridian provides. Please
let me know if you wish to do so,and I can provide you contact names and telephone
numbers.
City of El Cajon Fremont Unified School District
City of Fremont Los Angeles County Transportation Comm.
City of Fresno Orange Redevelopment Agency
City of Hawaiian Gardens Sacramento Area Council of Governments
City of Hawthorne San Francisco Unified School District
City of Pasadena San Josd Unified School District
City of Vallejo Toalumne Regional Water District.
We can also give you several references among the public finance community; we've
worked with a number of investment bankers,financial advisors and bond crourtsel who
can give you their appraisals of our performance.
Our organization has an ideal combination of size and sophistication; Meridian's
California subsidiary is small enough to be very responsive,agile and deal-oriented,and at
the same time,we have the sophistication and resources of a major national trust company
behind us. We've established a reputation as a trustee which gets the job done night.
Meridian's San Francisco office will serve as the sole contact for the provision of all trustee
functions. Although the Califmia office shares computer facilities,located in
Pennsylvania,with other Meridian cruse subsidiaries,the City of Ata wadero will deal
directly with assigncd personnel in San Francisco for all mauem
Todd Duncan will be the City's relationship officer,and will be responsible fbr the
administration of both proposed financings. Todd is a senior accwunt offs=in the San
Francisco office. He has been in the corporate trust field for tett year's and has experience
with all types of financings. His goal is excellent,personalized service. Todd is a graduate
of Wichita State University,and he is an associate member of both thrc California Society of
Municipal Finance Officers and the California Municipal Treasurers'Association. He is
assisted by Tun Campbell,who has d=years' experience m corporate trust.
Additionally,a backup account officer,Judy Davis,will be assigned to the City's account.
Judy has been in the corporate trust field for nine years. She is a graduate of the University
of California ar Berkley,and she auended the series of courses in corporate trust
administration offered through Canton Financial Institute at the University of Notre Dame
and the University of North Carolina_ Judy will be continually aware of the City's account
activity and will be prepared to smoothly take over for Todd during his occasional absences
from our office,
The City's account administration team,Todd Duncan and his administrative assistant,Tim
Campbell,will be glad to ar angp raining,informational and problem resolution meetings
with the City,at its offices if it prefers. Meridian's staff is rzadily available on a
continuous basis. Meridian appreciates that successful administration of the City of
Atascadero's financing program requires prompt,professional service not just to the City,
but also to all of the many other parties involved in the program. References,from
000144
SENT BY:HAIGHT & HAIGHT 06-16-93 03:20PM 40B43B1367-) 18052390758 # 4
City of Atascadero
c/o Cameron A. Weist,Esq.
June 14, 1993
Page 3
investment management firms,equipment vendors,rating agencies and banks can be
provided
This bid is based on the terms and services stated on the enclosed schedule. Additional
charges may be payable in the event Meridian is required to perform extraordinary sorvkm
such as administration of the issue under a default or potential default situation or
amendment or supplementation of the financing documents. Actual out-ofpocllet cxpensea
will be billed at cost. Meridian's fees arc duewithin 30 days of billing. Past due amounts
am subject to late charges at a rate of 1.50%per month. Meridian guarantees its fees for
duce years fium the date of closing.
This quotation is subject to our review and approval of financing documents in final form
and to approval by the Business Group.of Meridian Tn=Company. Please acknowledge
your agreement to the terms of this fee letter by signing or arranging for the signature of the
enclosed copy and returning it to my attention.
I look forward eagerly to working with you on this financing. Your questions and
comments are always welcome. Please let me know if I can assist you in any way.
Regards,
A7tvc
Enclosures(with confirmation copy)
The undersigned agrees to the fees and terms set fortis in this bid letter.
By:
Tide: Date:
000145
SENT BY:HAIGHT & FV)1GHT 06-16-93 03:21PM 4064381367 180523907S8 # S
City of Atascadero
$2,100,000 Camino Real Fashion Outlet Assessment District Bonds
$1,500,000 Street Improvement Project Bonds''
ACCEPTANCE FEE
Camino Real Fashion Outlet Assessment District Bonds $2,000.00
Street Improvement Protect Bonds $1,500.00
The aeceptanoe fee covets the following services:
• Examination of financing documents
• Setup of tr'ustee's records
Payable at closing In addition to the acceptance fee is reimbursement of trustee's out-of-
pocket expense, Including but not lknited to travel expense Cif r )and fool
expense incurred in obtaining any le l opinions,if any,required
ANNUAL ADMINISTRATIVE FEE
Camino Real Fashion Outlet Assessment District Bonds $1,700.00
Street Improvement Project Bonds $1.700.00
The annual administrative fee oovers the foltawing usual and ordinary duties 93 long as no
default exists:
• Maintenance of trustee's records
• Indenture compliance monitoring
• Custody of a reasonable number of insurance policies,Wers of credit,and other
valuable documents
• Usual and ordinary correspondence with interested parties concerning the
regular admaustration of the trust.
REGISTRAR SERVICES
Per bondholder account per year 6.00
Per certificate issued 2.00(l)
Per cadOicate carKmAed 2.00
Per atop transfer 4.00
Per change of address 1.00
Per documentary transfer 6.00
Per holder list 25.00(2)
(1) Initial issuance$230 minimum
(2) Obligor receives fust holder list at no charge
000146
SENT HY:HAIGfT 8 HAIGHT 06-16-93 03:21PM 4084381367-) 18052390758 # 6
PAYING AGENCY
SERVICES
Payment of interest(per check) $1.000)
Payment of principal per certificate
at maturity or full redemption 2.00
Sinking funds,special calls,or terrier
seledion of certifwates and
preparation of notice of redemption 1,000.00
Retirement purchase(each purchase) 50.00
Issuance of I We(each) " 2.00
(t) Minimum charge per interest payment date of$100.
INVESTMENT OF FUNDS
Investment charges(each) $50.00
Sweep fund fee no cage
MISCELLANEOUS EXPENSES
Payment of regUaftions $25.00
Draws on letters of credit 25.00
Wire proc@gging 25.00
Facsimile transmissions(Per mage) 3.00
OUT OF POCKET EXPENSES
Out-d-pocket o perum,such as postage,travel,shipping and delivery costs,Fed wire
charges,postage insurance,telephone,and tha fees of Meridians legal oourtsel are
reimbursable in addition to the lees quoted herein.
OTHER SERVICES
For services not contemplated herein,fees will be based on an appraisal of work involved.
Fees quoted herein are guaranteed for a years and are mAeot to change from time to time
thereafter,
000147
SENT BY:HAIGHT 8 HAIGHT 06-16-93 03:22PM 40843613674 18052390758 t3 7
MERIDIAN'S SID
IS BASED ON THE FOLLOWING ASSUMPTIONS:
Merldian Trust Company in the capacities of Trustee, Registrar,and
Transfer Agent.
Number of trusts: 2
Number of closings: 2
Expected rating: Investment Grade
Terms of issues: Approximately 20 years
Interest rates: Fixed
Frequency of interest payments to holders: Semi-annual
Number of accounts to be established: Approximately, 4 per issue
Constt uctlon accounts to be held by trustee? Yes
investment responsibility: As directed by issuer(Meridian invests upon timet'written
instructions)
Certificate registration: Physical certificates.
Ownership of real property: Trustee will not hold a mortgage on real prcpe"Y as
security for the finSncirw.
Opinlon of counsel: No opinion of trustee's counsel will be required in connection with
closing.
Upon appointment, kindly distribute documents to the following:
Mr.Todd Duncan
Meridian Trust Company of Calftmia
6W catifomia
8th Floor
San Francisco,CA 94108
(415)70640.34(voice)
(415) 986 6098(FAX)
0001,18
rVotrt:r �= AUENDA
MEMORANDUM
DATE: June 22, 1993
TO: Atascadero City Council s
FROM: Karl Mohr, Crawford Multari & Starr1
VIA: Henry Engen, Community Development Director
SUBJECT: Wastewater Treatment Service Charge Analysis
Summary
The City's present wastewater treatment system service charges have been in effoct since 1982. During
that time, the cost of providing the service has increased; thus, the system has been operating at a loss
in recent years. This has not been a serious issue of concern because operating deficits have been
covered by non-operating revenues. Further, the City has not been funding depOciation of the existing
plant and equipment. However, the City needs to make substantial capital improvjements in the next two
years and additional capital expenditures will need to occur,probably in fiscal year 1998/99. These factors
suggest that rate increases are necessary.
. The City presently bills its wastewater service charges in conjunction with the County's annual property tax
billings. If the Council acts to increase rates as recommended, such rate changes trust be reported to the
County by July 23, 1993 in order to take effect in fiscal year 1993/94. To allov�staff sufficient time to
process rate changes, the Council should act on this matter no later than July 13 1993.
After discussions with City staff, we developed a proposed rate structure that atter opts to balance several
important considerations:
1. Raise service charges to more accurately reflect the true cost of operating the wastewater
treatment system.
2. Correct perceived inequities in the existing rate structure.
3. Establish a cash balance at the end of the five-year planning period that will assist in
paying for needed capital improvements. k
4. Minimize rate increases now, and try to avoid further rate increa�es within the five-year
planning period.
The proposed rate increases shown in Exhibit"A" may appear high for several reasons. First,the existing
rates have not changed for eleven years: unfortunately, the same cannot be said for the cost of operating
the service. Second, the existing rates have not accurately reflected the real cost hof providing wastewater
treatment services in recent years. Third. the proposed rate structure reflects a "pay-as-you-go" strategy
that minimizes future debt and provides a cash balance at the end of five years th4t can be used for future
capital needs. Finally. the proposed rates have been set to preclude the need fir further rate increases
for the next five years, based on existing conditions.
00150
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 2
Recommendations
1. Adopt resolution 41-93 setting forth the proposed wastewater rates as shown in attached Exhibit
"A".
2. Direct staff to investigate the possibility of cooperating with Atascadero Mutual Water Company to
gain access to water use records and to evaluate combining wastewater billings with the existing
water billing system.
Background
The City of Atascadero provides wastewater collection,treatment and disposal to the portion of Atascadero
that lies within the urban services line. The existing service charges were established eleven years ago;
some minor modifications occurred in 1988, however, there has been no overall rate increase since 1982.
A recent analysis of the wastewater fund found that while it has large cash balances, such balances have
increasingly been used to pay the on-going operating costs of the system. In addition, the City needs to
make several large capital expenditures in the next two years that will cost more than the amount of the
existing cash reserves. It therefore became apparent that a reexamination of the wastewater fund and rate
structure was necessary. The City hired Crawford Multari&Starr to analyze the wastewater fund and make
recommendations to the City regarding necessary rate adjustments.
Past Operating Costs
The City's wastewater fund is an enterprise fund; this means that it is operated as if it were a stand-alone
entity. As such, the revenues needed to support its operation are paid solely by the residents and
businesses that receive its services. In some cases,the wastewater fund may receive transfers from other
City funds such as the general fund: however. such shifts are temporary and subject to repayment. Thus,
it is important that the wastewater service charges cover the on-going cost of operating the service.
Operating costs include personnel salaries and benefits, electricity, supplies and services that are
necessary to keep the wastewater treatment system running from day-to-day. Another important
component of operating costs is depreciation, which accounts for the fact that the value of the facility
declines as it is operated and used. If depreciation expenses are paid through service charges, reserves
are created to pay for the eventual replacement or upgrading of facilities. Finally, the City is obligated to
repay loans (debt service) that it has used in the past to construct new facilities. Table 1, below, shows
these operating costs for the past five years.
00C►151
City of Atascadero Wastewater Pate Analysis
June 22, 1993
Page 3
r� Table 1
City of Atascadero Wastewater Fund
Past Operating Costs
Operating Expenses 1989 1990 1991 1992 1993 ' Average Annual
Change
Personnel 208,678 216,380 253,797 276,657 261,700 4.6
O&M 213,868 245,892 260,166 248,448 330,000 9.1%
Depreciation 249,588 255,694 258,902 243,331 250,000 0.0%°
Debt Service (`) 94,048 81,040 78,490 78,635 80,000 -3.2%
Total 766,182 799,007 851,356 847,071 921,700 3.8%
(1) 1993 figures are based on data through April 1993,projected until June 30, 1993.
(2) Debt service figures show interest expense only. Actual cash expenditures,which include principal payments,
are about$50,000 per year higher.
Source: City of Atascadero.
One cost that is not accounted for in Table 1 is general fund overhead, which includes services provided
by non-wastewater City staff, office space and similar supplies. This transfer to the general fund has been
categorized as a non-operating cost in the past,although it really should be viewed as simply an additional
cost of providing wastewater service. General fund support is estimated to be approximately $98,000 this
year. Thus, the actual operating costs of the City's wastewater treatment plant are about $1.02 million this
year.
Past Operating Revenues
In other cities, operating costs are typically funded from monthly(or bi-monthly)fees. Atascadero currently
bills its customers in conjunction with the annual property tax assessments prepared by the County. This
process provides the benefit of a single annual billing cycle rather than a monthly (or bi-monthly) process,
as well as passing much of the administrative chore along to the County. However, this system can create
cash-flow problems because the City receives the revenue from the County in two lump-sums each year
when property tax payments are made. This issue is discussed in more detail later in this report.
The City receives a small amount of additional operating revenue from penalties on late payments. The
City also receives operating revenues from selling treated wastewater effluent'for irrigation to Chalk
Mountain golf course. In addition,the City receives a small amount of revenue from encroachment permits
and charges for inspections of connections to the system. Table 2 summarizes operating revenues for the
past five years.
000152
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 4
Table 2
City of Atascadero Wastewater Fund
Past Operating Revenues
Operating Revenues T1989 1990 1991 1992 1993 '
Service Charges 501,976 553,716 569,475 574,296 620,000
Penalties 0 0 7,549 8,967 10,000
Effluent Sale 0 0 15,726 52,768 35,000
Permits& Inspection 450 750 190 90 700
Total 502,426 554,466 592,940 636,121 665,700
(1) 1993 figures are based on data through April 1993, projected until June 30, 1993.
Source: City of Atascadero.
As noted above, the City's existing wastewater rates have not changed during the past eleven years. The
increase in service charge revenue during the past five years is attributable to new service connections that
have been added to the system. Table 3 shows net operating revenue when Tables 1 and 2 are
summarized.
Table 3
City of Atascadero Wastewater Treatment Fund
Past Net Operating Revenue
1989 1990 1991 1992 1993(l)
Total Operating Costs 766,182 799,007 851,356 847,071 921,700
Total Operating Revenues 502,426 554,466 592,940 636,121 665,700
Net Operating Revenue (263,756) (244,541) (258,416) (210,950) (256,000)
(1) 1993 figures are based on data through April 1993, projected until June 30, 1993.
Source. City of Atascadero.
The tables above show that the wastewater fund costs approximately $250,000 per year more to operate
than it receives from current revenue sources. Further, when one considers general fund support, which
really should be counted as an operating cost, the annual operating deficit increases to about $350,000.
The operating deficits have been manageable, so far, for several reasons. First and foremost is that the
City has not been funding its depreciation expense. As noted above, depreciation is an accounting device
that essentially subtracts the value of plant and equipment that is used over time. For example, if a $1
million plant has an expected life of 20 years, one-twentieth(1/20) of the value of the plant, or $50,000,
is counted as depreciation each year. Therefore, depreciation is not an actual cost that must be paid each
year. However. if revenues for depreciation are not set aside, at the end of the 20 year life of the plant
there will be no revenues to replace the plant. Thus, by not funding depreciation, the City is not setting
aside reserve funds to replace the plant and equipment.
Second,the wastewater fund has other revenue sources. Non-operating revenues are derived from interest
earnings, various connection fees and a sewer assessment district. In addition, a small amount of property
000153
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 5
tax revenue is collected and retained by the County to retire debt that was incurred prior to the City taking
over the wastewater treatment facilities. In 1993, non-operating revenue is estimated to total about
$300,000, with $210,000 coming from interest. These revenues have been used in the past to cover
operating deficits.
Finally, the wastewater fund has a large cash balance from revenue bonds that have been issued but not
yet spent. This balance is described in more detail below.
In sum, from an operating standpoint,the existing service charges do not compensate the cost of providing
wastewater treatment services. In the current fiscal year, operating costs, including depreciation and
general fund support, totaled about $1.08 million while operating revenues totaled about $666,000. Thus,
the real cost of providing the service appears to exceed operating revenues by about $408,000 this year
(fiscal year 1992/93).
Existing Reserves
The wastewater fund currently has approximately $2.6 million in a pooled cash account derived from
revenue bond proceeds. This cash is the principal amount that generates interest revenues discussed
above.
Capital Costs
SThe existing treatment plant and collection facilities are in need of upgrading and, in some cases,
replacement and/or expansion. The need for such capital projects derives from a combination of
increasingly stringent treatment requirements, and replacing and/or upgrading old equipment. Based on
the existing capital improvement program, the City will need to spend about $3.8 million over the next five
years. as shown in Table 4.
•
000154
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 6
Table 4 0
City of Atascadero Wastewater Fund
Projected Five Year Capital Improvement Program
Capital Projects 1994 T1995 1996 1997 1998 Total
Collection Line Improvements 150,000 150,000
Central Alarm Monitoring System 50,000 50,000
Wastewater Plant Upgrade 200,000 1,800,000 2,000,000
Water Reclamation Facilities 220,000 220,000
Sewering of C&D Area "F" 250,000 250,000
Sewering of C&D Area"G" 250,000 250,000
Pump Station 1 Upgrade 100,000 100,000
Pump Station 2 Upgrade 40,000 40,000
Pump Station 5 Upgrade 500,000 500,000
Wastewater Plant Expansion 100,000 200,000 300,000
Total Capital Projects 1,260,000 1,800,000 500,000 100,000 200,000 3,860,000
(1) Installation of sewerage facilities in Cease and Desist Areas"F" and "G"will be repaid by assessments on
properties within those areas. Such revenues are counted as non-operating revenues in future projections.
Source: City of Atascadero.
In addition the City will need to make another substantial capital investment beginning in fiscal year
1998/99 for expansion of the existing treatment plant. According to the Amendment to Long-Range Plan,
Wastewater Treatment Facilities, (June 1991) the cost of such improvements is estimated to be $1.4
million. Therefore, while this cost is expected to occur outside the current five year planning period, it
should be kept in mind since it will occur shortly thereafter.
Projected Operating Costs
Through discussions with City staff and extrapolation of past trends, we projected operating costs through
fiscal year 1997/98. The following briefly discusses the assumptions and techniques used to project
operating costs.
Personnel. Personnel costs for next year are based on the 1993-94 budget request. That request includes
an additional half-time position above the existing staffing level. Future personnel costs are assumed to
increase at the past average annual rate of 4.6% per year (see Table 1).
Operating and Maintenance. O&M costs are also based on the 1993-94 budget request, and then
assumed to increase at their past average annual rate. In particular, electricity costs are expected to
increase substantially.
Depreciation. The existing amount of plant depreciation is projected to increase as the capital projects •
listed above are completed. Depreciation is calculated on a straight-line basis using a forty year life cycle.
000155
City of Atascadero Wastewater Pate Analysis
June 22, 1993
Page 7
Debt Service. Loan repayment and retirement of bonded indebtedness is projected to continue at
approximately $135,000 per year.
General Fund Overhead Support. This category of expenses is estimated to increase at 3.0%percent year
based on past trends.
Contingency. This category creates an allowance for unforeseen emergencies such as burst sewer lines
that must be replaced or pumps that require repair. Contingency funds are calculated at 10% of total
operating costs.
Table 5 summarizes projected operating expenditures based upon these assumptions.
We note that there are many uncertainties that could significantly affect these projections. First,there have
been discussions with the Atascadero State Hospital and Templeton Community Services District to enter
into agreements with the City to provide wastewater treatment services. Clearly, if such arrangements are
made, reexamination of both costs and service charges will be necessary. Second, state requirements for
wastewater treatment may change in the future, with resulting changes in treatment costs. Thus, the
following cost projections are based upon the best available information.
Table 5
City of Atascadero Wastewater Fund
Projected Operating Expenses
Operating Expenses 1994 1995 1996 1997 1998
Personnel 319,100 333,900 349,300 365,500 382,500
O&M 312,100 340,400 371,200 404,900 441,600
Depreciation 250,000 281,500 326,500 339,000 341,500
Debt Service 135,000 135,000 135,000 135,000 135,000
GF Overhead Support 100,400 1 103,400 106,500 109,700 113,000
Contingency (@ 10%) 111,700 119,400 128,900 135,400 141,400 11
Total Operating Expenses 1.228,300 1,313,600 1,417,500 1,489,500', 1,554,900
Source: City of Atascadero and Crawford Multari & Starr.
Combining projected operating costs and capital expenditures for the next fives yields Table 6,below, which
shows the total funding requirements for the next five years.
0001
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 8
Table 6
City of Atascadero Wastewater Fund
Total Projected Funding Requirements - 1993/94 to 1997/98
1994 1995 1996 1997 1998
Total Operating Costs 1,228,300 1,313,600 1,417,500 1,489,500 1,554,900
Total Capital Projects 1,260,000 1,800,000 500,000 100,000 200,000
Total Funding Requirements 2,488,300 3,113,600 1,917,500 1,589,500 1,754,900
Existing Rate Structure
As noted above, the existing sewer rate schedule has been in effect since 1982. City staff provided a
computer database of the existing charges that are being levied on each parcel within the sewer service
area. In some cases, this information was checked in the field to verify its accuracy. Several instances
were found where incorrect rates were being applied; such errors have been corrected and will be reflected
in the next billing cycle. Therefore, the total revenue generated by the existing rate structure is higher than
the City has been receiving in the past.
The following table shows the existing rate schedule, the number of uses in each rate category and the
total annual revenue contributed by each use.
00015'7
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 9
Table 7
City of Atascadero Existing Sewer Rates
Land UseMonthly Rate Number of Annual Revenue
Uses from Land Use
Carwash 78.18 2 $1,876
Churches/Meeting Halls:
less than 150 seats 15 10 $1,800
150-250 seats 25 3 $900
more than 250 seats 35 6 $2,520
Commercial Unit 3.23 452 $17,520
Service Station 23.28 12 $3,352
Laundry 145.85 7 $12,251
Mobilehome 8.24 393 $38,860
Motel (rooms) 2.62 266 $8,363
No connect 7 65 $5,460
Office Building (per unit) 3.21 109 $4,199
Rest Home (per bed) 3.5 113 $4,746
Restaurants:
40 seats or less 74.58 19 $17,004
41-60 seats 109.35 7 $9,185
61-100 seats 144.12 6 $10,377
more than 100 seats 178.89 9 $19,320
Apartment Building (per unit) 9.86 1,467 $173,575
School (per student) 0.805 3,878 $37,461
Single Family Unit 10.54 2,683 $339,346
Theater 44.42 1 $533
Vacant 0 155 $0
Warehouse 1 17.09 3 $615
Total NA NA $709,265
Existing Rate Issues
The existing rate schedule contains several anomalies. One issue is the breadth of the commercial and
office categories. For example, under the existing rate structure, a large grocery store that performs meat
processing is charged the same rate as, say, a small dress shop. Likewise, a small, two-person office unit
is charged the same rate as a medical office building that may accommodate several doctors. Clearly,the
wastewater generated by such uses are significantly different, both in terms of volume of flow and type of
discharge. Thus, if the goal of the City is to charge users according to the need generated, applying the
same rate to such different uses may be inequitable.
000l
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 10
Another issue is the rate charged for residential uses compared to that charged commercial uses. In is
virtually all other cities in San Luis Obispo County, commercial rates are set at the base rate for residential
uses, and then increase depending upon actual water consumption. Currently in Atascadero, commercial
uses pay about a third of the residential rate, and there is no surcharge based on water use. Thus,
residential users pay a proportionally higher share of the cost of service than commercial users. Table 7
shows that residential users contribute about three-fourths of the total revenue.
Another issue with the existing rate structure revolves around uses that do not fall into on the existing
categories. For example, the City currently does not have a category for health clubs and gymnasiums;
as a result, such uses have not been charged in the past. Therefore, it seems appropriate that an
"Unlisted"category be created to allow the City flexibility to set rates for uses that do not fall into a defined
category.
The City has two general options in evaluating rate increase alternatives. First, the City can use its existing
cash balance to fund a majority of the needed improvements, while setting user charges to accurately
reflect operating costs. Conversely,the City could use debt financing to pay for capital improvements, and
retain the existing cash balances for the wastewater plant expansion,which is projected to occur sometime
after 1998. Of course, some combination of the two is also possible.
The choice rests largely on policy preferences. Using the existing cash balance will keep required rate
increases lower than if debt financing is used. Such a "pay-as-you-go" philosophy minimizes interest
payments on long-term debt. If the City chooses, for example, to use a revenue bond to pay for capital
facilities, then service charges will have to be increased to cover interest and principal payments on such
debt.
On the other hand, debt financing will allow the wastewater fund to maintain its reserves. Furthermore,
since some of the required plant expansion and upgrading is necessary to accommodate projected
development within the City's urban service line, debt financing will, in effect, pass more of the cost of
capital facilities to future users.
After discussions with City staff, we developed a proposed rate structure that attempted to balance several
important considerations:
1. Raise service charges to more accurately reflect the true cost of operating the wastewater
treatment system.
2. Correct perceived inequities in the existing rate structure.
3. Establish a cash balance at the end of the five-year planning period that will assist in
paying for needed capital improvements.
4. Minimize rate increases now, and try to avoid further rate increases within the five-year
planning period.
Methodology
Most cities that operate wastewater treatment facilities base their user charges on either the volume of
discharge. the type of discharge as measured by the content and/or presence of certain substances, or a
000159
City of Atascadero Wastewater Pate Analysis
June 22, 1993
Page 11
combination of the two. To measure volume,one can examine water meter records to estimate the amount
of flow that is returned to the wastewater treatment system. Various engineering references cite average
amounts of biochemical oxygen demand (BOD) and suspended solids (SS), two'',of the most important
determinants in the cost of treating wastewater.
Unfortunately,the City does not have direct access to water use records because water delivery is provided
by the Atascadero Mutual Water Company (AMWC) rather than the City. Informal staff discussions with
AMWC indicate that they may be willing to share such information with the City; however, a formal request
to the AMWC Board is needed to begin that process. Because of the need to adopt new rates in time for
the next property tax billing cycle, there is not enough time to initiate that process for this rate study. One
of the recommendations of this study is to work with the AMWC to attain such information in the future.
Because of this lack of primary data upon which to base new rates, we devised a new methodology that
blended other wastewater rate structures, standard engineering references, and discussions with City staff.
This technique allocates the cost of wastewater treatment based on an "equivalent dwelling unit" (EDU).
An EDU is defined as the average daily flow produced by a single family residence. In Atascadero, an
EDU is estimated to be 240 gallons of wastewater flow per day. This average is consistent with averages
from other California cities.
Once the EDU is defined, other land uses are assigned EDUs based upon their average wastewater flow
rates as percentages of a single family dwelling. For example, an apartment unit is assigned 0.75 EDUs
because they are generally smaller and have fewer residents than single family units. We surveyed other
wastewater treatment systems and standard engineering references to determine'average flow rates for
the uses currently listed on the Atascadero sewer rate schedule. Such flows were then assigned an EDU
value based upon their relationship to a single family unit.
In addition, based on discussions with City staff, three new categories are proposed to be added to the
existing rate schedule. First, grocery stores larger than 10,000'square feet are included in anew category
since stores of that size generally have meat counters and vegetable displays that use large amounts of
water. Second. gymnasiums and health clubs are added since such facilities also use large amounts of
water for showers. Finally, an "Unlisted" category is proposed that would allow the City discretion in
applying rates to uses that do not meet the above criteria.
Table 8 shows the new proposed categories and the assignment of EDUs to each category.
OOOICO
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 12
Table 8
Proposed Sewer Rate Categories and Equivalent Dwelling Units
Land Use Number of EDUs(1 EDU Total EDUs Total Average Daily
Uses =240 gal/day) from Land Use Flow From Land Use
Carwash 2 5.00 10.00 2,400
Churches/Meeting Halls:
less than 150 seats 10 1.33 13.30 3,192
150 to 250 seats 3 2.66 7.98 1,915
more than 250 seats 6 3.00 18.00 4,320
Commercial Unit 452 1.00 452.00 108,480
Gas station 12 2.00 24.00 5,760
Grocery Stores> 10,000 sq.ft. 3 8.00 24.00 5,760
Gymnasium 2 10.00 20.00 4,800
Laundry 7 7.50 52.50 12,600
Mobilehome 393 0.75 294.75 70,740
Motel (per room) 266 0.33 87.78 21,067
No connect 65 0.50 32.50 7,800
Office Unit 109 1.00 109.00 26,160
Rest home (per bed) 113 0.35 39.55 9,492
Restaurants:
less than 40 seats 19 4.00 76.00 18,240
41-60 seats 7 6.00 42.00 10,080
6 1-100 seats 6 8.00 48.00 11,520
more than 100 seats 9 10.00 90.00 21,600
Apartments (per unit) 1,467 0.75 1,100.25 264,060
School (students) 3,878 0.05 193.90 46,536
Single Family Unit 2,683 1.00 2,683.00 643,920
Theater 1 4.00 4.00 960
Warehouse 3 1.00 3.00 720
Total 5,425.51 1,302,122
Note that the total average daily flow is about 1.3 million gallons per day. This corresponds with the
existing average daily flows of the plant.
Once total wastewater flow is allocated into EDUs, as shown in Table 8, dividing the operating cost by total
EDUs yields the treatment cost per EDU. Recall that one of the objectives of this analysis was to try to
avoid further rate increases within the five-year planning period of this study. Therefore, we used the
estimated total cost treatment cost in fiscal year 1994/95 as the basis for determining the cost per EDU.
After accounting for projected new development, penalties and effluent charges, and assuming that not all
contingency funds are spent each year, using this figure will allow the wastewater fund to approximately
0001GI
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 13
break even in fiscal year 1997/98 and provide about $1.6 million in cash balances to use for the plant
expansion shortly thereafter.
Table 6 shows that estimated operating costs in fiscal year 1994/95 will be about$1,,313,600. Dividing this
figure by 5,425.51 total EDUs as shown in Table 8 yields an annual treatment cost per EDU of $242.12.
This value is then applied to the EDUs assigned to each use in Table 8. Table 9 shows the new rates that
are derived using this technique, as well as the additional monthly cost compared to the existing rates.
Table 9
City of Atascadero Wastewater Treatment System
Proposed Rate Schedule
Existing Proposed Monthly Rate Additional
Land Use Monthly Rate EDUs $242.12/EDU/year) Monthly Cost
Carwash $78.18 5.00 $100.88 $22.70
Churches/Meeting Halls:
less than 150 seats $15.00 1.33 $26.83', $11.83
150 to 250 seats $25.00 2.66 $53.67 $28.67
more than 250 seats $35.00 3.00 $60.53 $25.53
Commercial $3.23 1.00 $20.18 $16.95
Gas station $23.28 2.00 $40.35 $17.07
iGrocery>10,000 NA 8.00 $161.41 $161.41
Gymnasium/Health Club NA 10.00 $201.77' $201.77
Laundry $145.85 7.50 $151.32 $5.47
Mobilehome $8.24 0.75 $15.13 $6.89
Motel (rooms) $2.62 0.33 $6.66', $4.04
No connect $7.00 0.50 $10.091 $3.09
Office $3.21 1.00 $20.18, $16.97
Rest home (bees) $3.50 0.35 $7.06'', $3.56
Restaurants:
less than 40 seats $74.58 4.00 $80.71 $6.13
41-60 seats $109.35 6.00 $121.06, $11.71
61-100 seats $144.12 8.00 $161.41' $17.29
more man 100 seats $178.89 10.00 $201.771 $22.88
Apartments iper unit) $9.86 0.75 $15.13' $5.27
School (par st can ` $0.81 0.05 $1.01', $0.20
Single Family $10.54 1.00 $20.18'' $9.64
Theater $44.42 4.00 $80.71, $36.29
Vacant $0.00 0.00 $0.00, $0.00
Warehouse $17.09 1.00 $20.18 $3.09
0001
City of Atascadero Wastewater Pate Analysis
June 22, 1993
Page 14
We note that this methodology retains some of the technical problems of the existing rate structure. In w
particular, the commercial category remains quite broad; that is, there is no distinction between various
types of commercial uses that may generate substantially different wastewater flows. Again, this is
because existing data sources do not provide such information. The proposed EDU allocation does
improve the existing imbalance between residential, commercial and office users by assigning all
commercial and office uses one EDU. Thus, a commercial unit and office unit are both charged the same
rate as a residential unit. However, there is no rate surcharge for such uses based on actual flows.
However, this technique has the benefit of enabling relatively easy rate determination for uses that do not
fall into one of the above categories. For such uses,average daily wastewater flows are simply compared
to those of a single family dwelling to determine the EDU attributable to the use. Then, the cost per EDU
is applied to derive the appropriate sewer rate.
Other Issues
There remain some inequities in the rate structure that are not solvable with existing data sources. To
achieve a more equitable rate structure, the City needs accurate wastewater flow information. The City
should work with Atascadero Mutual Water Company to gain access to its water delivery records. With
such data, the City could derive a rate structure that more precisely reflects the cost of providing
wastewater treatment services to its customers.
On a related topic, the City should investigate the possibility of changing its existing billing system. As
noted above, sewer charges are presently billed together with property taxes. This system can create cash
flow problems for the wastewater fund because the fund receives it revenues in two lump-sum payments
each year. However, costs must be paid from the fund on a monthly basis. If the wastewater operating
fund cannot cover its costs during a given month, it must receive temporary transfers from other funds.
Thus, a monthly or bi-monthly billing system may help smooth cash flow problems.
One possibility of solving both problems at once lies in contracting with Atascadero Mutual Water Company
to provide billing services. If the water company is willing, relatively simple reprogramming of its billing
system could generate sewer bills as based on actual water use. Of course,the relative cost of this option
compared to the existing system is not known without further study; however, there may be some cost
savings.
Table 10 shows the estimated cash flow of the wastewater fund if the proposed rate structure is
implemented.
000163
City of Atascadero Wastewater Pate Analysis
June 22, 1993
Page 15
Table 10
Projected Income Statement Summary With Proposed Rate Increases
1993 1994 1995 1996 1997 1998
Operating Expenses
Personnel 261,700 319,100 333,900 349,300 365,500 382,500
O&M 330,000 312,100 340,400 371,200 404,900 441,600
Depreciation 250,000 250,000 281,500 326,500 339,000 341,500
Debt Service 135,000 135,000 135,000 135,000 135,000 135,000
GF Overhead Support 97,500 100,400 103,400 106,500 109,700 113,000
Contingency(@ 10%) 0 111,700 119,400 128,900 135,400 141,400
Total Operating Expenditures 1,074,200 1,228,300 1,313,600 1,417,500 1,489,500 1,554,900
Capital Expenditures 390,000 1,260,000 1,800,000 500,000 100,000 200,000
Total Expenditures 1,464,200 2,488,300 3,113,600 1,917,500 1,589,500 1,754,900
Operating Revenues
Service Charges(1) 620,000 1,343,300 1,372,900 1,402,600 1,432,300 1,461,900
Penalties 10,000 10,000 10,000 10,000 10,000 10,000
Effluent 35,000 25,000 25,000 25,000 25,000 25,000
Permits& Inspection 700 500 500 500 500 500
Total Operating Revenue 665,700 1,378,800 1,408,400 1,438,100 1,467,800 1,497,400
Net Operating Revenue (408,500) 150,500 94,800 20,600 (21,800) (57,500)
Non-Operating Revenue
Interest 210,000 182,200 141,200 60,400 62,900 91,500
Property Taxes 46,000 46,000 46,000 46,000 46,000 46,000
Transfers In 8,500 8,000 8,000 8,000 8,000 8,000
Transfers Out 0 0 0 0 0 0
C&D Reimbursement 0 0 36,700 36,700 36,700 36,700
Funded Depreciation 0 250,000 281,500 326,500 339,000 341,500
Non-Service Revenue 37.500 37,500 37,500 37,500 37,500 37,500
Total Non-Operating Revenue 302,000 523,700 550,900 515,100 530,100 561,200
Beginning Cash Balance 3,012,000 2,603,500 2,017,700 863,400 899,100 1,307,500
Total Revenue 967.700 1,902,500 1,959,300 1,953,200 1,997,900 2,058,600
Total Expenditures 1.464,200 2,488,300 3,113,600 1,917,500 1,589,500 1,754,900
Net Revenue (496.500) (585,800) (1,154,300) 35,700 408,400 303,700
Ending Cash Balance 2,603,500 2,017,700 863,400 899,100 1,307,500 1,611,200
,.9 Includes estimates of service charge revenue and connection fees from new development based on
attrapolation of past five year trends.
10 2 Reimbursement of costs of sewerage facilities in Cease and Desist Areas"F" and "G".
000164
City of Atascadero Wastewater Rate Analysis
June 22, 1993
Page 16
Summary and Recommendations
The City's wastewater treatment plant has been operating at a loss in recent years. This has not been an
issue of concern because operating deficits have been covered by non-operating revenues and by not
funding depreciation. The City needs to make substantial capital improvements in the next two years.
Further significant capital expenditures will need to occur, probably in fiscal year 1998/99. These two
primary factors suggest that rate increases are necessary.
The proposed rate increases may appear high for several reasons. First, the existing rates have not
changed for 11 years; unfortunately, the same cannot be said for the cost of the operating the service.
Second, the existing rates have not accurately reflected the real cost of providing wastewater treatment
services. Third, the proposed rate structure reflects a "pay-as-you-go" strategy that minimizes future debt
and provides a cash balance at the end of five years that can be used for future capital needs. Finally, the
existing rates have been set to preclude the need for further rate increases for the next five years, based
on existing conditions.
In sum, we recommend the following:
1. Adopt resolution 41-93 setting forth the proposed wastewater rates as shown in attached Exhibit
"A
2. Direct staff to investigate the possibility of cooperating with Atascadero Mutual Water Company to
gain access to water use records and to evaluate combining wastewater billings with the existing
water billing system.
000165
Exhibit "A"
City of Atascadero Wastewater Treatment System Rate Schedule
Land Use Monthly Rate
Carwash $100.88
Churches/Meeting Halls:
less than 150 seats $26.83
150 to 250 seats $53.67
more than 250 seats $60,53
Commercial Unit $20•18
Gas station $40,.35
Grocery Store larger than 10,000 square feet $161,41
Gymnasium $201.77
Laundry $151,.32
Mobilehome Spaces(per square) $15_13
Motel (per room) $6.66
No connect $10.09
Office Unit $20.18
Rest home(per bed) $7.06
Restaurants:
less than 40 seats $80.71
41-60 seats $121.06
61-100 seats $161.41
more than 100 seats $201.77
Apartments (per unit) $15.13
School (per student as of March 31 of previous year) $1.01
Single Family Unit $20.18
Theater $80.71
Unlisted Use $20.18 per EDU(11
Warehouse $20.18
(1) Based on estimated average daily flow as determined by Community Development Director. 1 EDU
= 240 gallons of wastewater flow per day.
s
000166
RESOLUTION NO. 41-93
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO ESTABLISHING SEWER SERVICE CHARGES
FOR THE WASTE WATER DIVISION OF THE CITY
WHEREAS, Section 7-11 . 001 of the Sewer Service Charge Ordi-
nance provides for the establishment of sewer charges by resolution
of the City Council; and
WHEREAS, the present fees for such service were initially
established in 1982 , and subsequently continued by way of Resolu-
tion No. 90-88 in 1988; and
WHEREAS, projected expenditures necessary to provide for
continuing service will require capital expenditures which have not
been adequately funded, historically, through the current sewer
service charge; and
WHEREAS, the City has retained Crawford Multari & Starr to
prepare a sewer rate analysis which provides adequate funds to
maintain these responsibilities, including funding for the sewer
facilities account;
NOW, THEREFORE, BE IT RESOLVED by the City of Atascadero as
follows :
Section 1 .
Resolution No. 90-88 is hereby rescinded.
Section 2 .
The Service Charge Schedule as indicated in the attached Exhibit
"A" is hereby adopted.
Section 3 .
These fees shall be effective as of July 1, 1993 .
Section 4 . Publication.
The City Clerk shall cause a summary copy of this resolution to be
published once within ten ( 10) days after its adoption in the
Atascadero News, a newspaper of general circulation, printed, pub-
lished, and circulated in the City. A copy of the full text of
this resolution shall be on file in the office of the City Clerk
and shall be available to any interested member of the public.
On Motion by Councilman , and seconded by Council-
man , the foregoing resolution is hereby adopted in its
entirety on the following roll call vote:
000167
Resolution No 41-9
Page Two
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Community Development Director
000168
Exhibit "A"
City of Atascadero Wastewater Treatment System Rate Schedule
Land Use Monthly Rate
Carwash $100.88
Churches/Meeting Halls:
less than 150 seats $26.83
150 to 250 seats $53.67
more than 250 seats $60.53
Commercial Unit $20.18
Gas station $40.35
Grocery Store larger than 10,000 square feet $161.41
Gymnasium $201.77
Laundry $151.32
Mobilehome Spaces(per square) $15.13
Motel (per room) $6.66
No connect $10.09
Office Unit $20.18
Rest home(per bed) $7.06
Restaurants:
less than 40 seats $80.71
41-60 seats $121.06
61-100 seats $161.41
more than 100 seats $201.77
Apartments(per unit) $15.13
School (per student as of March 31 of previous year) $1.01
Single Family Unit $20.18
Theater $80.71
Unlisted Use $20.18 per EDU ("
Warehouse $20.18
(1) Based on estimated average daily flow as determined by Community Development Director. 1 EDU
=240 gallons of wastewater flow per day.
000169
k-)ATE_6Z?2/93iTL-:M# D-1
5
4
f
I. 111.vo Rl';. 11.
Re: Camino Real Fashion Outlets
Honorable Mayor and Council Members:
t
, r
$` . We are now in the final stages of our projecgt prior to
actual construction. Permits are ready to be issued°, and lease
negotiations with tenants sufficient to fill the center are in
the final stages . As you are aware, we have been searching for a
loan commitment for the center for approximately 15 months now.
k r
Unfortunately, because of the ongoing depressed commercial real
estate loan market, we have only been able to secure ne bonafide
f_ proposal for financing, and then with stipulated cont'ngencies .
According to our lender (Empire Financial ) , the project
financing can only be finalized with the City's participation in
the following manner:
J�
1 . That the City agrees to assist ' in funding the off-site ll
public improvements on a shared (50/50 ) basis over the life
t
of the assessment bonds . Based on an estimated` total cost
for all public improvements of $1 . 75 million, , this would
require a bond payment by both the City and ourselves of
892 ; 000 annually. The most current estimate foz income to
the cit from sales tax, based on comparablestores , is
Y P
approximately $230 , 000 annually, which means that there
' should still be an income stream from sales tax revenues
000170
:A.
f
�
/{ .
} alone of over $130, 000 annually into the City ' s General
AM
Fund. . .
It is our understanding that an arrangement of this
} { kind is structured so the city has no liability in the event
thele was ever a default on the bonds. Certainly, we would.
.understand the City wanting such assurance, and Sona counsel
\{ tells us it can be done.
: . .
:. ^ .
2 . That the City waive the portion of the one-time permit
fees tied to the public improvements for the project. Based .
/ on projections by the community Development Department this
\ƒ �°
\\ . would amount to a :diver of #125,/73.52 is Fees . .
/[
«l .
| we ask that this request be carefully considered. It is made
{ . only alter considerable soul-searching on our part, and only then
| because we Sincerely believe there are no viable alternatives to
| funding the project . As indicated, we have Spent 15 months
searching for a lender, hoping that conditions and/o£ circum-
\ Stances would improve within the banking industry. We .have been
� . . . .
unsuccessful sofar, causing us to reassess our chances of ob-
} , : . .
�4
.% tar=Ing a. conventional loan, and Worse, to revise the possible
- . .
\ timeframe within which the financial institutions in the State of
) . ..
� . . .
} .
A8| � . : � .
. . 000171
?i
K ;
.S
California will be able to relax their current policies on com-
mercial loans . We must be candid and say that such opportunities
do not appear to be likely in the near-term.
Please be aware that the proceeds from the bond issue will
provide for payment of the first installment of the bond plus
t" there will be a two year payment reserve account.
At this point , then, our question to the City is , do you
want to forego the opportunity to secure a regional commercial
,1
center at a time when both the national and state economies are
floundering-- a regional center that we truly believe can become
r
1 a catalyst for other economic changes in and to a town that
historically has had little or no opportunity to 'compete for
these kinds of retail market dollars? And need we remind anyone
`? that regional shopping draws can and do provide spin-off benefits
to other segments of the area, including restaurants and motels .
Lastly, we just want to say that this request is not part of
;3
<" some speculative wish on our part. The land is ready to build
on; tenants sufficient to fill the center are signed up; plans
are approved . With your willingness to participate in this
z venture, we can break ground within two months .
6�
000172
I//, o R
`r We would ask that this request be considered at the time
Council will be holding the protest hearing on the assessment
district, at your meeting of June 22, 1993.
A. Camino Real Fashion Outlets Center, Ltd.
Golden West Development Corp. General Partner
f
By: Y'B .
•
Jame!iiNil , Charles B. Voorhis II
C.E.O. President
Ely: �.
)kj!3hard K. Shannon
G.F.O.
7
4®41'7"3
2
CAMINO REAL FASHION OUTLETS
TENANT ROSTER
4/15/93
GUESS?
POLO/RALPH LAUREN
CLOTHESTI11AE
BOOK WAREHOUSE
KITCHEN WAREHOUSE
CORNING
NO NONSENSE
J CREW
BASS SHOES
BRUCE ALLEN BAGS
VAN HEUSEN
CAPE ISLE KNITTERS
PERFUMANIA
NAUTICA
FRAGRANCE COVE
AMERICAN TOURISTER
CARTER'S
BARBIZON
IZOD
WESTPORT LTD.
ROCKY MT. CHOC.
U.S. SHOE OUTLET
TOY LIQUIDATORS
B.U.M.EQUIPMENT
WELCOME HOME
LEATHER LOFT
ARMANI
BANNISTER
Honorable Mayor and Council Members:This is a current list of Tenants committed to our
Center. It took us over a year to get Poilo/Ralph Lauren to commit to the site.They are one of
the biggest draws in the outlet business. We actually now have more tenants than space
available.We are in the process of selecting and signing the remaining tenants we feel will be
the best draws to guarantee success for the center.
The tenants ask that this information not be distributed to the media,as they have
sensitivity issues to deal with their existing merchandise sellers.We ask that you respect
their wishes.,
Sincerely;
Golden West Development Corp.
0001'74
outlet sales performance
declined slightly in 1992
>r Outlet sales averaged E XCT.L 7 T C I'VE
- S240.30 per squ_&re foot in lJ J
1992,a 1.1 percent decline RESEARCH
from a year ago,according to
new data.
I3�•'1'OAt IJ ii\t•APl 5210.30, down from 5242.95 in
By TO
-in-jftNV . 1991, representing n 1.1-percent
EditoSales performance at outset decrease.
chrtins decreased slightly in 199'3, 138 chains report
Of the nation's 500 outletchains
the first yearto•year decline since open at the end of 1992s 13S Pro-
Value Retail New began collect• v ded sales data, representing a
ing industrywide sales data in sponse rate of 27.6 percent.
1354. It was the largest response since
Average sale:, per square foot ,
VClu,Re,ail News began
for outlet stores i❑ 1992 was ing retail sales data annually nine
i years ago.
The ilesdata was col-
_ 199`1 st
t' lected late in the year for inclusion
verage a es SF'Or Utlet�retalling, 984= 97 lin the just•pubiished 1993 edition
+ t ` �t a''Pirzcton (s:c
Jh;
The direr-
300 - --- 1 tory is published twice a year by
2
0 2� 42..-5
2 } Vetltre Retail\'coos.
Si9g $211 The resulting survey data has
!_ not been weighted basad on the
oo — 5177
+o' c r•..each ch:un o e:•-
nun.ka�r of.tor_•- P
$t49 rtes,nor on the square foitAS?of a
o :hair's operation.
Sala:extren,e� •
_-- — Two apparel ch:rir,�,r;r 1.5 F'=r•
N'A cent of the r.spond•:n a, rerr:awd
annual stilts of SbCr; per aqulaz=
'cat, thr highest in the
ao cn of the t.:• chains has
84 85. �tS� �tST qM X89 qap x'+91^ ?9 itezndfnl of at.;res. ^. •
enQii_ted
, � r t.whiic'
salranr,ti:i•X_ l;c: •.;uttr•efx
NOTE: California Factory Stores existing sale cwere ver percent)said'-4400
sales were averag'+ng bet�vc3en S•100
outlet centers average about$260 per sq.ft.. and 5450.
This would translate into about Twenty chains(14.5 percent)re-
$230,000 per year income to the City ported sales of between S.300 and
on sales tax dollars alone. 5399 per square foot.
Another 71 chains (51.4 per-
cent) put their sales at .3200 w
5299 per square foot.
At the lower end, 37 respon-
dents(26.5 percent)said sales were
ranging from 5100 to S199 per
square foot.
Median:$225
The retail sales survey's me-
wan(midpoint)response was S225
per square foot.
1 The mode — the most fre-
quently given response—was S200
per square foot,as reported by 20
chains.
The lowest sales performance
was$100 per square foot,reported
by two chains.
One is a two-unit housewares
chain with a dozen units,the other
an apparel chain that operates a
half-dozen stores.
000175
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0001'7£;
CITY OF ATAS CADERO
COMMUNITY DEVELOPMENT DEPARTMENT
� D
February 3, 1992
Mssrs. Richard Shannon and Charles Voorhis
Golden West Development Corporation
P.O. Box 961
Atascadero, CA 93423
SUBJECT: CAMINO REAL FASHION OUTLET IMPACT FEES
Gentlemen:
In response to your letter of January 23rd, we have enclosed
calculations of what the current development fee and permit costs
would be for the Fashion Outlet project.
Given Council approval, we would see a need to. bring back a
negotiated adjustment in development fees to the Council for
approval. Clearly, many. of the improvements that you would
undertake would be eligible for a fee credit. However, other
impacts - such as parks and miscellaneous - are not really
mitigated by the project. However, the ordinance creating
development fees allows for flexibility relative to the "amount of
the payment. . . .and the timing thereof" . However, I must make it
clear that the Council has ultimate authority over any fee
adjustments .
Sincerely,
Henry Engen, Direcor
Community Development
HEips
Enclosure: Camino Real Fashion Outlet Fee Breakdown
cc : City Council
Ray Windsor, City Manager
Greg Luke, City Engineer
Mark Joseph, Administrative Services Director
6500 PALMA AVENUE • ATASCADERO, CA 93422
Building Permits:(905)461.5010 Planning:(805)461.5015 Enforcement:(805)461.5034 Director.(805)461-5097 City Fax:(805)461-0606
000177
M E - M O RAND UM
DATE: January 28 , 1992
TO: HENRY ENGEN
FROM: DEBBIE CINI
SUBJECT: CAMINO REAL FASHION OUTLET / FEE BREAKDOWN
BUILDING 1 : To construct a 78 , 473 sq. ft. retail building
• Construction S 34 ,-3.71 . 17
Plan Check 8 , 145 . 97
Seismic 601 . 50
Ord 191 ( **SEE BREAKDOWN BELOW) 158 , 044 . 62
Grading 11000 . 00
Tree Ord. 50 . 00
TOTAL PERMIT FEE: $ 202 , 213 . 26
(** ) INSIDE URBAN SERVICE LINE: ORD 191 - DEVELOPEMENT FEE
Drainage ( 0 . 245 ) S 19 , 225 . 88 ***
St . . Roads , Bridges ( 1 . 166 ) 91 , 499 . 51 ***
Public Safety ( 0 . 452 ) 35 , 469 . 79
Parks ( 0 . 128 ) 10 , 044 . 54
Misc . ( 0 . 023 ) 1 , 804 . 87
BUILDING 2 : To construct a 10 , 594 sq. ft . commercial bldg
consisting of 6 , 834 sq. ft . retail and 3 , 760 sq. ft. office space
Construction S 5 , 402 . 70'
Plan Check 1 , 280 . 44''
Seismic 94 . 55
Ord 191 ( **SEE BREAKDOWN BELOW) 21 , 336 . 32;
TOTAL PERMIT FEE: $ 28 , 114 . 01
(* ) INSIDE URBAN SERVICE LINE: ORD 191 - DEVELOPMENT FEE
Drainage ( 0 . 245 ) S 2 , 595 . 53 ***
St . , Roads ,Bridges ( 1 . 166 ) 12 , 352 . 60***
Public Safety ( 0 . 452 ) 4 , 788 . 48'
Parks ( 0 . 128 ) 1 , 356 .03;
Misc . ( 0 . 023 ) 243 . 66
Mitigation fees to be waived are highlighted by a
triple asteric *** and total ---------------------$'125 ,673 .40
0001'713
I
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Ite : D-2
Through: Andrew Takata, Assistant City Manager
From: Economic Round Table Meeting ate: 6/22/93
By: Henry Engen, Community Development Director
SUBJECT: Economic Round Table Appointment Requests
RECOMMENDATION:
That Casey Sullivan, Wells Fargo Bank, and Missey Hobson of PG&E be appointed to
fill vacancies on the Economic Round Table.
BACKGROUND:
In recent months, Mike Meranda of Wells Fargo Bank was transfers d, and Dave Vega
of PG&E has resigned from the Economic Round Table. At their meeting of May 19th,
the Economic Round Table requested that Council replace these vacancies with the
following appointments:
1 . Casey Sullivan - Wells Fargo Bank, Atascadero
2. Missey Hobson - PG&E, Templeton Office
HE:cw
c: Robert Lilley, Chairman, ERT
0001'73