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Home My WebLink AboutCC_2019_10_22_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, October 22, 2019 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Moreno ROLL CALL: Mayor Moreno Mayor Pro Tem Bourbeau Council Member Fonzi Council Member Funk Council Member Newsom APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: 1. Proclamation proclaiming October 2019 Domestic Violence Awareness Month 2. Employee Recognition A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the Consent Calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) City Council Regular Session: 6:00 P.M. Page 1 of 176 1. City Council Draft Action Minutes – October 8, 2019  Recommendation: Council approve the October 8, 2019 Draft City Council Meeting Minutes. [City Clerk] 2. September 2019 Accounts Payable and Payroll  Fiscal Impact: $2,513,683.87  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2019. [Administrative Services] 3. Amendment to Atascadero Municipal Code Section 4-2.1301 – Time Limit Parking  Fiscal Impact: None.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance amending Title 4, Chapter 2, Article 13, Section 4-2.1301 of the Atascadero Municipal Code regarding time limit parking areas. [Police Department] 4. Resolution to Authorize Application for Prop 68 Parks and Recreation Grant Per Capita Program Funds  Fiscal Impact: The City of Atascadero is eligible to receive a minimum of $200,000 and can apply for multiple projects. If awarded, this grant will have a positive fiscal impact, as it will allow for much needed park enhancements to take place.  Recommendation: Council approve Draft Resolution authorizing an application for Proposition 68 California Drought, Water, Parks, Climate, Costal Protection and Outdoor Access for All Per Capita Program Funds to the California Department of Parks and Recreation. [City Manager] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470-3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Discussion of Mobile Home Park Rent Stabilization Issue  Fiscal Impact: None at this time.  Recommendation: Council discuss mobile home park rent stabilization issue and provide direction to staff. [City Attorney] 2. Sphere of Influence and MOA Update  Fiscal Impact: None at this time.  Recommendation: Council adopt Draft Resolution approving a Memorandum of Agreement between the City of Atascadero and the County of San Luis Obispo regarding the City’s Sphere of Influence and other study areas adjacent to the City Limits. [Community Development] Page 2 of 176 D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Moreno 1. City Selection Committee 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Bourbeau 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. Integrated Waste Management Authority (IWMA) 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Fonzi 1. Air Pollution Control District 2. Atascadero Basin Ground Water Sustainability Agency (GSA) 3. City of Atascadero Design Review Committee 4. SLO Local Agency Formation Commission (LAFCo) Council Member Funk 1. City of Atascadero Finance Committee 2. Homeless Services Oversight Council 3. League of California Cities – Council Liaison Council Member Newsom 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City / Schools Committee 3. City of Atascadero Design Review Committee 4. Visit SLO CAL Advisory Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. Page 3 of 176 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information at cityclerk@atascadero.org or (805) 470-3400. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City , please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Cle rk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identif y the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. Page 4 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 1 of 7 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, October 8, 2019 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:00 p.m. and Mayor Pro Tem Bourbeau led the Pledge of Allegiance. ROLL CALL: Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and Mayor Moreno Absent: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley, Community Development Director Phil Dunsmore, Fire Chief Casey Bryson, City Attorney Greg Murphy and Deputy City Manager/City Clerk Lara Christensen APPROVAL OF AGENDA: MOTION: By Council Member Funk and seconded by Council Member Newsom to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances w ill be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. City Council Regular Session: 6:00 P.M. Page 5 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 2 of 7 PRESENTATIONS: 1. Proclamation proclaiming October 6-12, 2019 as Fire Prevention Week The City Council presented the proclamation to members of Atascadero Fire and Emergency Services. 2. Proclamation Celebrating Atascadero Library’s 100 year anniversary The City Council presented the proclamation to members of Atascadero Historical Society and Friends of the Atascadero Library. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – September 24, 2019  Recommendation: Council approve the September 24, 2019 Draft City Council Meeting Minutes. [City Clerk] 2. Budget Amendment for Apple Valley Street and Storm Drain Maintenance District No. 1 Pavement Management  Fiscal Impact: None.  Recommendations: Council: 1. Authorize the Director of Administrative Services to appropriate an additional $26,000 in Apple Valley Street and Storm Drain Maintenance District No. 1 Funds in fiscal year 2018-2019 for the slurry seal project. 2. Authorize the Director of Administrative Services to reduce the budget of Apple Valley Street and Storm Drain Maintenance District No. 1 F unds- Slurry Seal Project by $26,000 in fiscal year 2019-2020. [Public Works] 3. Adopt an Ordinance to Amend Title 7 – “Public Works”, Chapter 2 - “Definitions”, Chapter 4 – “Permits and Connections Fees”, and Chapter 9 – “Sewer Facilities Account” Pertaining to Wastewater  Fiscal Impact: Adoption of the Ordinance enables the processing of Sewer Capacity Fees adopted by Resolution at the September 24, 2019 Council Meeting.  Recommendation: Council adopt on second reading by title only, Draft Ordinance amending Title 7 – “Public Works”, Chapter 2 - “Definitions”, Chapter 4 – “Permits and Connections Fees”, and Chapter 9 – “Sewer Facilities Account” pertaining to Wastewater. [Public Works] MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Bourbeau to approve the Consent Calendar. (#A-3: Ordinance No. 628) Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. Page 6 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 3 of 7 COMMUNITY FORUM: The following citizens spoke during Community Forum: Geoff Aulsen, Richard Moen and Bill Arkfeld Mayor Moreno closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Community Cats  Fiscal Impact: Future adoption of a Community Cat Program could reduce the amount paid to Animal Services over time.  Recommendation: Council review, discuss, and provide direction to staff on options for the management of community cats in Atascadero. [City Manager] Deputy City Manager Christensen gave the staff report and answered questions from the Council. Mayor Moreno recessed the meeting at 8:02 p.m. Mayor Moreno reconvened the meeting at 8:13 p.m. with all present. PUBLIC COMMENT: The following citizens spoke on this item: Heather Shireman, Mary K Patterson, and Annabelle O’Conner Mayor Moreno closed the Public Comment period. Following discussion by the Council, the Council provided the following direction to staff: Staff should begin working on drafting a Community Cat Program that incorporates all six options presented during the meeting and outlined in the staff report. Council also noted that a program would need to include an education component, especially with regards to options 4 and 5 and directed staff to investigate a program to help provide low cost spay/neuter for owned cats. 2. Request for Authorization to Process General Plan Amendment for 11600 El Camino Real (APN: 045-331-014) (Lawton)  Fiscal Impact: If the General Plan Amendment is authorized to move forward, the City will need to have further discussion of fiscal neutrality of the project.  Recommendation: Council authorize the Cal Coastal Development Team to proceed with a Master Plan of Development Amendment application to the Dove Creek Development to allow residential uses as part of a mixed -use development on the existing vacant commercial parcel at the corner of El Page 7 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 4 of 7 Camino Real and Santa Barbara Road and provide direction to staff on moving forward with the application processing. [Community Development] Community Development Director Dunsmore gave the staff report and answered questions from the Council Ex Parte Communications: Council Member Newsom reported receiving emails on the issue. Mayor Pro Tem Bourbeau noted receiving emails and speaking with commercial real estate broker Richard Shannon on viability of commercial leasing in the area. Council Member Fonzi reported having email conversations with Dr. Colleen Annes and Chris Neary. Council Member Funk reported having previous discussions with the owner selling the property, extensive conversations with the neighborhood on what they would like to see at the site, receiving a number of emails on the subject, posting on Nextdoor and Facebook to encourage participation in the public discussion and received one private message through Nextdoor, and solicited information from those she knows who live in the Dove Creek area. Mayor Moreno reported receiving emails both for and against. PUBLIC COMMENT: The following citizens spoke on this item: Ted Laughton, Eddie Herrera, Keith Vreeken, Kelly McClendon, Paul Vadik, Chris Hurd, Amar Sohi, Carol Hurd, and John Tucker Mayor Moreno closed the Public Comment period. During discussion, the Council remarked that the applicant would need to be attentive to the concerns that had been raised at the meeting by staff, public and the Council. Prior to the motion, Council noted that they were open to the concept of the project as presented but cautioned the applicant team that authorizing them to proceed with a Master Plan of Development Amendment was not an assurance for approval of the project. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Funk to authorize the Cal Coastal Development Team to proceed with a Master Plan of Development Amendment application to the Dove Creek Development to allow residential uses as part of a mixed-use development on the existing vacant commercial parcel at the corner of El Camino Real and Santa Barbara Road. Motion passed 5:0 by a roll-call vote. Mayor Moreno recessed the meeting at 10:31 p.m. Mayor Moreno reconvened the meeting at 10:40 p.m. with all present. The Council determined to take Item #C-4 before Item #C-3 Page 8 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 5 of 7 4. Consideration of the Renewal of the San Luis Obispo County Tourism Marketing District (SLOCTMD)  Fiscal Impact: The increase of the assessment to 1.5% would result in an increase in assessments received of approximately $70,000 and increased pass-through to SLOCTMD of a similar amount (the City retains a small portion for administrative costs).  Recommendation: Council adopt Draft Resolution granting consent to the County of San Luis Obispo to renew the San Luis Obispo County Tourism Marketing District (SLOCTMD) as proposed to include lodging establishments within the City of Atascadero for a 10 -year period with a 1.5% assessment. [City Manager] City Manager Rickard gave the report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Chuck Davidson, Clint Pierce, and Amar Sohi Mayor Moreno closed the Public Comment period. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Newsom to adopt Resolution No. 2019-079 granting consent to the County of San Luis Obispo to renew the San Luis Obispo County Tourism Marketing District (SLOCTMD) as proposed to include lodging establishments within the City of Atascadero for a 10-year period with a 1.5% assessment. Motion passed 5:0 by a roll-call vote. Mayor Moreno requested a motion to extend the meeting past 11:00 p.m. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Fonzi to extend the meeting passed 11:00 p.m. Motion passed 5:0 by a roll-call vote. 3. 2019 Citywide Pavement Evaluation Report  Fiscal Impact: None.  Recommendation: Council receive and file the 2019 Citywide Pavement Evaluation Report. [Public Works] Public Works Director DeBar introduced Joe Ririe, Pavement Engineering, Inc., who gave the presentation. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. The Council received and filed this item. Page 9 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 6 of 7 5. Amendment to Atascadero Municipal Code Section 4-2.1301 – Time Limit Parking  Fiscal Impact: None.  Recommendation: Council introduce, for first reading by title only, Draft Ordinance amending Title 4, Chapter 2, Article 13, Section 4-2.1301 of the Atascadero Municipal Code regarding time limit parking areas. [Police Department] Chief Haley gave the staff report and answered questions of the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Council Member Funk to introduce, for first reading by title only, Draft Ordinance amending Title 4, Chapter 2, Article 13, Section 4 -2.1301 of the Atascadero Municipal Code regarding time limit parking areas. Deputy City Manager/City Clerk Christensen read the title of the Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 4, CHAPTER 2, ARTICLE 13, SECTION 4-2.1301 OF THE ATASCADERO MUNICIPAL CODE REGARDING TIME LIMITED PARKING. Motion passed 5:0 by a roll-call vote. D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: The following Council Members made brief announcements and gave brief update reports on their committees since their last Council meeting: Mayor Moreno 1. SLO Regional Transit Authority (RTA) Mayor Pro Tem Bourbeau 1. Integrated Waste Management Authority (IWMA) Council Member Fonzi 1. Air Pollution Control District Council Member Funk 1. League of California Cities – Council Liaison Page 10 of 176 ITEM NUMBER: A-1 DATE: 10/22/19 Atascadero City Council October 8, 2019 Page 7 of 7 Council Member Newsom 1. City of Atascadero Design Review Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: None. F. ADJOURN Mayor Moreno adjourned the meeting at 10:21 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk APPROVED: Page 11 of 176 ITEM NUMBER: A-2DATE: 10/22/19Page 12 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 3433 09/03/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,800.00Accounts Payable Check 3434 09/05/2019 ANTHEM BLUE CROSS HSA 8,019.61Payroll Vendor Payment 161725 09/05/2019 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment 161726 09/05/2019 ATASCADERO POLICE OFFICERS 1,842.75Payroll Vendor Payment 161727 09/05/2019 ATASCADERO PROF. FIREFIGHTERS 1,193.90Payroll Vendor Payment 161728 09/05/2019 MASS MUTUAL WORKPLACE SOLUTION 6,565.50Payroll Vendor Payment 161729 09/05/2019 NATIONWIDE RETIREMENT SOLUTION 1,026.26Payroll Vendor Payment 161730 09/05/2019 NAVIA BENEFIT SOLUTIONS 1,730.18Payroll Vendor Payment 161731 09/05/2019 SEIU LOCAL 620 858.49Payroll Vendor Payment 161732 09/05/2019 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment 161733 09/05/2019 VANTAGEPOINT TRNSFR AGT 304633 5,000.86Payroll Vendor Payment 161734 09/05/2019 VANTAGEPOINT TRNSFR AGT 706276 85.00Payroll Vendor Payment 161735 09/05/2019 WEX BANK - 76 UNIVERSL 10,066.12Accounts Payable Check 161736 09/05/2019 WEX BANK - WEX FLEET UNIVERSAL 8,276.59Accounts Payable Check 3435 09/06/2019 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3436 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,866.44Payroll Vendor Payment 3437 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,007.53Payroll Vendor Payment 3438 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,698.93Payroll Vendor Payment 3439 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,914.94Payroll Vendor Payment 3440 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,858.08Payroll Vendor Payment 3441 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,020.71Payroll Vendor Payment 3442 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,152.10Payroll Vendor Payment 3443 09/06/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,147.63Payroll Vendor Payment 3444 09/10/2019 RABOBANK, N.A.51,828.24Payroll Vendor Payment 3445 09/10/2019 EMPLOYMENT DEV DEPARTMENT 15,180.35Payroll Vendor Payment 3446 09/10/2019 EMPLOYMENT DEV. DEPARTMENT 2,279.96Payroll Vendor Payment 3473 09/13/2019 BANK OF NEW YORK MELLON 612,956.25Accounts Payable Check 161737 09/13/2019 29TONIGHT, INC.106.99Accounts Payable Check 161738 09/13/2019 AIRSTRIKE BIRD CONTROL, INC.5,000.00Accounts Payable Check 161739 09/13/2019 ALL SIGNS AND GRAPHICS 479.49Accounts Payable Check 161740 09/13/2019 ALLIANT INSURANCE SERVICES INC 173.00Accounts Payable Check 161741 09/13/2019 AMERICAN ASPHALT SOUTH, INC.134,705.49Accounts Payable Check 161742 09/13/2019 AMERICAN MARBORG 501.70Accounts Payable Check 161743 09/13/2019 AMERICAN WEST TIRE & AUTO INC 40.00Accounts Payable Check 161744 09/13/2019 AMERIGAS 118.53Accounts Payable Check 161745 09/13/2019 AT&T 314.28Accounts Payable Check 161746 09/13/2019 ATASCADERO HAY & FEED 3,428.49Accounts Payable Check 161747 09/13/2019 ATASCADERO LAND PRESERVATION 1,000.00Accounts Payable Check 161748 09/13/2019 ATASCADERO NEWS 981.80Accounts Payable Check 161749 09/13/2019 ATASCADERO PICKLEBALL CLUB,INC 224.70Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 13 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161750 09/13/2019 DYLAN T. AZEVEDO 69.00Accounts Payable Check 161751 09/13/2019 TERRIE BANISH 274.62Accounts Payable Check 161752 09/13/2019 BASSETT'S CRICKET RANCH,INC.522.45Accounts Payable Check 161753 09/13/2019 BATTERY SYSTEMS, INC.115.28Accounts Payable Check 161754 09/13/2019 KEITH R. BERGHER 123.75Accounts Payable Check 161755 09/13/2019 BERRY MAN, INC.1,602.40Accounts Payable Check 161756 09/13/2019 BOUND TREE MEDICAL, LLC 253.22Accounts Payable Check 161757 09/13/2019 BREZDEN PEST CONTROL, INC.99.00Accounts Payable Check 161758 09/13/2019 CASEY BRYSON 143.00Accounts Payable Check 161759 09/13/2019 CA DEPT OF FISH & WILDLIFE 2,091.25Accounts Payable Check 161760 09/13/2019 CA HIGHWAY PATROL 200.00Accounts Payable Check 161761 09/13/2019 CA PARK & RECREATION SOCIETY 705.00Accounts Payable Check 161762 09/13/2019 CAL-COAST REFRIGERATION, INC 523.91Accounts Payable Check 161763 09/13/2019 CANNON 19,114.50Accounts Payable Check 161764 09/13/2019 CARQUEST OF ATASCADERO 494.59Accounts Payable Check 161765 09/13/2019 LISA CAVA 400.00Accounts Payable Check 161766 09/13/2019 CHARTER COMMUNICATIONS 78.77Accounts Payable Check 161767 09/13/2019 MATTHEW L. CHESSON 128.00Accounts Payable Check 161768 09/13/2019 KATHLEEN J. CINOWALT 70.00Accounts Payable Check 161769 09/13/2019 KAREN A. CLANIN 332.50Accounts Payable Check 161770 09/13/2019 CLEVER CONCEPTS, INC.60.00Accounts Payable Check 161771 09/13/2019 COAST ELECTRONICS 1,323.05Accounts Payable Check 161772 09/13/2019 COAST LINE DISTRIBUTING 784.85Accounts Payable Check 161773 09/13/2019 MIGUEL A. CORDERO 100.00Accounts Payable Check 161774 09/13/2019 CREWSENSE, LLC 99.99Accounts Payable Check 161775 09/13/2019 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check 161776 09/13/2019 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 161777 09/13/2019 NICHOLAS DEBAR 300.00Accounts Payable Check 161778 09/13/2019 IAN G. DENCHASY 75.00Accounts Payable Check 161779 09/13/2019 DESTINATION TRAVEL NETWORK 200.00Accounts Payable Check 161780 09/13/2019 DMV RENEWAL 131.00Accounts Payable Check 161781 09/13/2019 PHILIP DUNSMORE 300.00Accounts Payable Check 161782 09/13/2019 EL CAMINO VETERINARY HOSP 16.20Accounts Payable Check 161783 09/13/2019 ESCUELA DEL RIO 1,400.00Accounts Payable Check 161784 09/13/2019 FARM SUPPLY COMPANY 904.84Accounts Payable Check 161785 09/13/2019 FENCE FACTORY ATASCADERO 2,385.00Accounts Payable Check 161786 09/13/2019 FERGUSON ENTERPRISES, LLC 584.94Accounts Payable Check 161787 09/13/2019 BRIAN FERRELL 102.34Accounts Payable Check 161788 09/13/2019 FERRELL'S AUTO REPAIR 150.22Accounts Payable Check 161789 09/13/2019 FIESTA MAHAR MANUFACTURNG CORP 333.80Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 14 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161790 09/13/2019 FRANCHISE TAX BOARD 386.13Accounts Payable Check 161791 09/13/2019 FRIENDS OF TRACY AVIARY 154.06Accounts Payable Check 161792 09/13/2019 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check 161793 09/13/2019 GAS COMPANY 191.18Accounts Payable Check 161794 09/13/2019 GHD, INC.14,261.00Accounts Payable Check 161795 09/13/2019 GOVERNMENT FINANCE OFFICERS AS 85.00Accounts Payable Check 161796 09/13/2019 KATHLEEN GROGAN 25.00Accounts Payable Check 161797 09/13/2019 BRADLEY A. HACKLEMAN 269.10Accounts Payable Check 161798 09/13/2019 HAMNER, JEWELL & ASSOCIATES 8,939.31Accounts Payable Check 161799 09/13/2019 HANLEY AND FLEISHMAN, LLP 1,776.00Accounts Payable Check 161800 09/13/2019 HART IMPRESSIONS PRINTING 32.33Accounts Payable Check 161801 09/13/2019 HELIXSTORM, INC.393.75Accounts Payable Check 161802 09/13/2019 HINDERLITER, DE LLAMAS 1,298.63Accounts Payable Check 161803 09/13/2019 INGLIS PET HOTEL 117.76Accounts Payable Check 161804 09/13/2019 EVELYN R. INGRAM 574.00Accounts Payable Check 161805 09/13/2019 IRON MOUNTAIN RECORDS MGMNT 99.24Accounts Payable Check 161806 09/13/2019 JIFFY LUBE 229.97Accounts Payable Check 161807 09/13/2019 JOANN HEAD LAND SURVEYING 1,037.00Accounts Payable Check 161808 09/13/2019 K & M INTERNATIONAL 260.06Accounts Payable Check 161809 09/13/2019 DENISE R. KNEESKERN 46.00Accounts Payable Check 161810 09/13/2019 KRITZ EXCAVATING & TRUCKNG INC 229.12Accounts Payable Check 161811 09/13/2019 KSBY COMMUNICATIONS 1,500.00Accounts Payable Check 161812 09/13/2019 LEE WILSON ELECTRIC CO. INC 1,992.10Accounts Payable Check 161813 09/13/2019 LIFE ASSIST, INC.1,113.34Accounts Payable Check 161814 09/13/2019 GARY V. MADGETT 10,400.00Accounts Payable Check 161815 09/13/2019 MADRONE LANDSCAPES, INC.980.00Accounts Payable Check 161816 09/13/2019 MELINDA D. MARKS 750.00Accounts Payable Check 161817 09/13/2019 SAMUEL H. MCMILLAN, SR.150.00Accounts Payable Check 161818 09/13/2019 MEDPOST URGENT CARE-ATASCADERO 155.00Accounts Payable Check 161819 09/13/2019 MICHAEL K. NUNLEY & ASSC, INC.2,966.23Accounts Payable Check 161820 09/13/2019 MID-COAST MOWER & SAW, INC.67.46Accounts Payable Check 161821 09/13/2019 MINER'S ACE HARDWARE 372.79Accounts Payable Check 161822 09/13/2019 MATTHEW J. MIRANDA 92.00Accounts Payable Check 161823 09/13/2019 MISSION UNIFORM SERVICE 298.78Accounts Payable Check 161824 09/13/2019 MV TRANSPORTATION, INC.10,717.71Accounts Payable Check 161825 09/13/2019 NASSAU-SOSNICK DISTRIBUTION CO 260.52Accounts Payable Check 161826 09/13/2019 MARC NOBRIGA 281.00Accounts Payable Check 161827 09/13/2019 NORTH COAST ENGINEERING INC.700.00Accounts Payable Check 161828 09/13/2019 NORTH COUNTY GLASS 664.40Accounts Payable Check 161829 09/13/2019 OASIS EQUIPMENT RENTAL 722.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 15 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161830 09/13/2019 OFFICE DEPOT INC.279.64Accounts Payable Check 161831 09/13/2019 TARA ORLICK 58.58Accounts Payable Check 161832 09/13/2019 PACIFIC CNTRL COAST HLTH CTRS 145.00Accounts Payable Check 161835 09/13/2019 PACIFIC GAS AND ELECTRIC 64,797.20Accounts Payable Check 161836 09/13/2019 PASO ROBLES SAFE & LOCK, INC.30.03Accounts Payable Check 161837 09/13/2019 RICARDO PAZ 100.00Accounts Payable Check 161838 09/13/2019 PERRY'S PARCEL & GIFT 28.85Accounts Payable Check 161839 09/13/2019 PHILLIPS INTERNATIONAL, INC.706.20Accounts Payable Check 161840 09/13/2019 PRAXAIR DISTRIBUTION, INC.50.75Accounts Payable Check 161841 09/13/2019 PROCARE JANITORIAL SUPPLY,INC.597.26Accounts Payable Check 161842 09/13/2019 QUINCY ENGINEERING, INC.20,221.89Accounts Payable Check 161843 09/13/2019 QUINN RENTAL SERVICES 2,416.15Accounts Payable Check 161844 09/13/2019 SHIRLEY L. RADCLIFF-BRUTON 788.40Accounts Payable Check 161845 09/13/2019 RAINSCAPE, A LANDSCAPE SVC CO.9,153.56Accounts Payable Check 161846 09/13/2019 JERI RANGEL 300.00Accounts Payable Check 161847 09/13/2019 RICK ENGINEERING COMPANY 297.50Accounts Payable Check 161848 09/13/2019 RACHELLE RICKARD 500.00Accounts Payable Check 161849 09/13/2019 SAFARI PROGRAMS, INC.357.60Accounts Payable Check 161850 09/13/2019 ANDREA L. SHERRILL 36.00Accounts Payable Check 161851 09/13/2019 SLO COUNTY SHERIFF'S OFFICE 4,600.00Accounts Payable Check 161852 09/13/2019 SLOFIST 25.00Accounts Payable Check 161853 09/13/2019 SMART AND FINAL 93.30Accounts Payable Check 161854 09/13/2019 SOFTWARE SOLUTIONS TEAM 4,200.00Accounts Payable Check 161855 09/13/2019 SOUTH COAST EMERGENCY VEH SVC 22.92Accounts Payable Check 161856 09/13/2019 SPEAKWRITE, LLC.468.97Accounts Payable Check 161857 09/13/2019 SPECIALIZED EQUIPMENT REPAIR 1,412.11Accounts Payable Check 161858 09/13/2019 BRUCE ST. JOHN 411.40Accounts Payable Check 161859 09/13/2019 STANLEY CONVERGENT SECURITY 333.84Accounts Payable Check 161860 09/13/2019 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check 161861 09/13/2019 SWANK MOTION PICTURES, INC.435.00Accounts Payable Check 161867 09/13/2019 U.S. BANK 31,781.33Accounts Payable Check 161868 09/13/2019 IWINA M. VAN BEEK 92.00Accounts Payable Check 161869 09/13/2019 SABRINA T. VAN BEEK 138.00Accounts Payable Check 161870 09/13/2019 THOMAS F. VELASQUEZ 50.00Accounts Payable Check 161871 09/13/2019 VERDIN 13,300.12Accounts Payable Check 161872 09/13/2019 VERIZON WIRELESS 703.47Accounts Payable Check 161873 09/13/2019 VILLAGE ORIGINALS, INC.546.64Accounts Payable Check 161874 09/13/2019 VINO VICE, INC.420.00Accounts Payable Check 161875 09/13/2019 VISITOR TELEVISION LLC 595.00Accounts Payable Check 161876 09/13/2019 WALLACE GROUP 3,236.25Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 16 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161877 09/13/2019 WCJ PROPERTY SERVICES 1,158.37Accounts Payable Check 161878 09/13/2019 WEST COAST AUTO & TOWING, INC.155.00Accounts Payable Check 161879 09/13/2019 WILLDAN FINANCIAL SERVICES 3,500.00Accounts Payable Check 161880 09/13/2019 KAREN B. WYKE 703.20Accounts Payable Check 161881 09/13/2019 XO PANDORA 320.00Accounts Payable Check 161882 09/13/2019 YESTERDAYS SPORTSWEAR 725.27Accounts Payable Check 161883 09/13/2019 ZOOM IMAGING SOLUTIONS, INC.947.54Accounts Payable Check 3447 09/19/2019 ANTHEM BLUE CROSS HSA 9,194.61Payroll Vendor Payment 3448 09/19/2019 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3449 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,864.26Payroll Vendor Payment 3450 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,166.04Payroll Vendor Payment 3451 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,594.42Payroll Vendor Payment 3452 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,914.94Payroll Vendor Payment 3453 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,873.90Payroll Vendor Payment 3454 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,937.28Payroll Vendor Payment 3455 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,270.57Payroll Vendor Payment 3456 09/19/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,184.43Payroll Vendor Payment 161884 09/20/2019 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment 161885 09/20/2019 ATASCADERO POLICE OFFICERS 1,901.00Payroll Vendor Payment 161886 09/20/2019 ATASCADERO PROF. FIREFIGHTERS 1,193.90Payroll Vendor Payment 161887 09/20/2019 MASS MUTUAL WORKPLACE SOLUTION 6,565.50Payroll Vendor Payment 161888 09/20/2019 NATIONWIDE RETIREMENT SOLUTION 949.37Payroll Vendor Payment 161889 09/20/2019 NAVIA BENEFIT SOLUTIONS 1,730.18Payroll Vendor Payment 161890 09/20/2019 SEIU LOCAL 620 870.98Payroll Vendor Payment 161891 09/20/2019 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment 161892 09/20/2019 VANTAGEPOINT TRNSFR AGT 304633 4,807.11Payroll Vendor Payment 161893 09/20/2019 VANTAGEPOINT TRNSFR AGT 706276 85.00Payroll Vendor Payment 3457 09/24/2019 RABOBANK, N.A.60,060.22Payroll Vendor Payment 3458 09/24/2019 EMPLOYMENT DEV DEPARTMENT 18,676.73Payroll Vendor Payment 3459 09/24/2019 EMPLOYMENT DEV. DEPARTMENT 2,224.22Payroll Vendor Payment 161894 09/27/2019 4LEAF,INC.3,041.80Accounts Payable Check 161895 09/27/2019 AAAA ENGINEERING CONTRACTING 35,560.40Accounts Payable Check 161896 09/27/2019 ACTIVE NETWORK, LLC 49.78Accounts Payable Check 161897 09/27/2019 VOID 0.00Accounts Payable Check 161898 09/27/2019 AGP VIDEO, INC.3,600.00Accounts Payable Check 161899 09/27/2019 AIR-RITE REFRIGERATION 619.84Accounts Payable Check 161900 09/27/2019 ALLIANT INSURANCE SERVICES INC 141.00Accounts Payable Check 161901 09/27/2019 ALTHOUSE & MEADE, INC.477.50Accounts Payable Check 161902 09/27/2019 AMERICAN WEST TIRE & AUTO INC 1,015.80Accounts Payable Check 161903 09/27/2019 MARK ANDERSON 87.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 17 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161904 09/27/2019 KELLY AREBALO 232.32Accounts Payable Check 161905 09/27/2019 ASCAP 376.65Accounts Payable Check 161907 09/27/2019 AT&T 582.82Accounts Payable Check 161908 09/27/2019 AT&T 931.52Accounts Payable Check 161909 09/27/2019 ATASCADERO HAY & FEED 813.85Accounts Payable Check 161910 09/27/2019 DYLAN T. AZEVEDO 69.00Accounts Payable Check 161911 09/27/2019 BANK OF NEW YORK MELLON 1,975.00Accounts Payable Check 161912 09/27/2019 BASSETT'S CRICKET RANCH,INC.807.93Accounts Payable Check 161913 09/27/2019 JOSE R. BENITEZ 240.00Accounts Payable Check 161914 09/27/2019 BERRY MAN, INC.1,414.60Accounts Payable Check 161915 09/27/2019 BIG BRAND TIRE & SERVICE 251.95Accounts Payable Check 161916 09/27/2019 BIG RED MARKETING, INC.6,000.00Accounts Payable Check 161917 09/27/2019 BOUND TREE MEDICAL, LLC 909.34Accounts Payable Check 161918 09/27/2019 BREZDEN PEST CONTROL, INC.425.00Accounts Payable Check 161919 09/27/2019 BURKE,WILLIAMS, & SORENSON LLP 20,000.00Accounts Payable Check 161920 09/27/2019 CA CODE CHECK, INC.5,443.75Accounts Payable Check 161921 09/27/2019 CARQUEST OF ATASCADERO 518.25Accounts Payable Check 161922 09/27/2019 CHARTER COMMUNICATIONS 1,895.35Accounts Payable Check 161923 09/27/2019 CITY OF SAN LUIS OBISPO 1,316.56Accounts Payable Check 161924 09/27/2019 JEREMY L. CLAY 161.00Accounts Payable Check 161925 09/27/2019 COASTAL COPY, INC.468.64Accounts Payable Check 161926 09/27/2019 COASTAL REPROGRAPHIC SERVICES 50.43Accounts Payable Check 161927 09/27/2019 MIGUEL A. CORDERO 175.00Accounts Payable Check 161928 09/27/2019 GREG C. CUNNINGHAM 120.00Accounts Payable Check 161929 09/27/2019 DEPARTMENT OF JUSTICE 435.00Accounts Payable Check 161930 09/27/2019 DESTINATION TRAVEL NETWORK 200.00Accounts Payable Check 161931 09/27/2019 CHARLES DICKEY 352.38Accounts Payable Check 161932 09/27/2019 DOCUTEAM 138.96Accounts Payable Check 161933 09/27/2019 DRIVE CUSTOMS 449.32Accounts Payable Check 161934 09/27/2019 ECS IMAGING, INC.13,718.00Accounts Payable Check 161935 09/27/2019 ESCUELA DEL RIO 1,140.00Accounts Payable Check 161936 09/27/2019 FARM SUPPLY COMPANY 50.94Accounts Payable Check 161937 09/27/2019 FASTRAK VIOLATION PROCESSING D 31.00Accounts Payable Check 161938 09/27/2019 FENCE FACTORY ATASCADERO 1,496.03Accounts Payable Check 161939 09/27/2019 FERRELL'S AUTO REPAIR 761.60Accounts Payable Check 161940 09/27/2019 FIRST AMERICAN TITLE CO 41,250.00Accounts Payable Check 161941 09/27/2019 GAS COMPANY 195.44Accounts Payable Check 161942 09/27/2019 ALEX GENTILLY 40.00Accounts Payable Check 161943 09/27/2019 GOLDEN STATE TREE SERVICE 837.50Accounts Payable Check 161944 09/27/2019 SCOTT GROOMER 18.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 18 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161945 09/27/2019 BRADLEY A. HACKLEMAN 282.00Accounts Payable Check 161946 09/27/2019 CHRISTOPHER HALL 179.00Accounts Payable Check 161947 09/27/2019 HART IMPRESSIONS PRINTING 53.71Accounts Payable Check 161948 09/27/2019 HELIXSTORM, INC.9,164.00Accounts Payable Check 161949 09/27/2019 CHRISTOPHER HESTER 179.00Accounts Payable Check 161950 09/27/2019 HINDERLITER, DE LLAMAS 300.00Accounts Payable Check 161951 09/27/2019 RYAN HOFSTETTER 36.72Accounts Payable Check 161953 09/27/2019 HOME DEPOT CREDIT SERVICES 2,774.07Accounts Payable Check 161954 09/27/2019 CHRIS HOREJSI 249.40Accounts Payable Check 161955 09/27/2019 TRINA HORZEN 30.00Accounts Payable Check 161956 09/27/2019 JIFFY LUBE 55.00Accounts Payable Check 161957 09/27/2019 JK'S UNLIMITED, INC.723.03Accounts Payable Check 161958 09/27/2019 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 161959 09/27/2019 KD'S MOBILE HIGH PRESSURE WASH 960.00Accounts Payable Check 161960 09/27/2019 DENISE R. KNEESKERN 92.00Accounts Payable Check 161961 09/27/2019 WADE S. KNOWLES 179.00Accounts Payable Check 161962 09/27/2019 KOFF & ASSOCIATES, INC.700.00Accounts Payable Check 161963 09/27/2019 KPRL 1230 AM 535.00Accounts Payable Check 161964 09/27/2019 LENOVO (UNITED STATES) INC.2,149.61Accounts Payable Check 161965 09/27/2019 LIFE ASSIST, INC.957.94Accounts Payable Check 161966 09/27/2019 ANDREW M. LUCAS 179.00Accounts Payable Check 161967 09/27/2019 SAMUEL H. MCMILLAN, SR.125.00Accounts Payable Check 161968 09/27/2019 MEDPOST URGENT CARE-ATASCADERO 140.00Accounts Payable Check 161969 09/27/2019 MID-COAST MOWER & SAW, INC.82.84Accounts Payable Check 161970 09/27/2019 MINER'S ACE HARDWARE 1,341.78Accounts Payable Check 161971 09/27/2019 MISSION UNIFORM SERVICE 188.32Accounts Payable Check 161972 09/27/2019 MIWALL CORPORATION 4,862.22Accounts Payable Check 161973 09/27/2019 MOSS, LEVY, & HARTZHEIM LLP 8,000.00Accounts Payable Check 161974 09/27/2019 NEOFUNDS 3,000.00Accounts Payable Check 161975 09/27/2019 NEOPOST USA, INC.692.55Accounts Payable Check 161976 09/27/2019 KELLYE R. NETZ 89.02Accounts Payable Check 161977 09/27/2019 OFFICE DEPOT INC.481.12Accounts Payable Check 161978 09/27/2019 PASO ROBLES FORD LINCOLN MERC 431.48Accounts Payable Check 161979 09/27/2019 RICARDO PAZ 175.00Accounts Payable Check 161980 09/27/2019 PLACEWORKS, INC.7,063.62Accounts Payable Check 161981 09/27/2019 PROCARE JANITORIAL SUPPLY,INC.599.20Accounts Payable Check 161982 09/27/2019 PRP COMPANIES 232.76Accounts Payable Check 161983 09/27/2019 RAINSCAPE, A LANDSCAPE SVC CO.350.00Accounts Payable Check 161984 09/27/2019 TESS RAMIREZ 69.00Accounts Payable Check 161985 09/27/2019 RECOGNITION WORKS 3.99Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 19 of 176 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2019 161986 09/27/2019 REVENUE & COST SPECIALISTS LLC 7,000.00Accounts Payable Check 161987 09/27/2019 SAMUEL RODRIGUEZ 179.00Accounts Payable Check 161988 09/27/2019 SANTA BARBARA CO SHERIFFS DEPT 250.00Accounts Payable Check 161989 09/27/2019 SCOTT O'BRIEN FIRE & SAFETY CO 1,059.60Accounts Payable Check 161990 09/27/2019 DIEGO SEGOVIA 30.00Accounts Payable Check 161991 09/27/2019 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check 161992 09/27/2019 SHI INTERNATIONAL CORP.504.27Accounts Payable Check 161993 09/27/2019 SHORE-TEK, INC.436.03Accounts Payable Check 161994 09/27/2019 SMART AND FINAL 46.91Accounts Payable Check 161995 09/27/2019 SOFTWARE SOLUTIONS TEAM 2,100.00Accounts Payable Check 161996 09/27/2019 STANLEY CONVERGENT SECURITY 938.12Accounts Payable Check 161997 09/27/2019 STORMWIND, LLC 1,990.00Accounts Payable Check 161998 09/27/2019 SUNLIGHT JANITORIAL, INC.961.00Accounts Payable Check 161999 09/27/2019 TRIBUNE 571.50Accounts Payable Check 162000 09/27/2019 ULTREX BUSINESS PRODUCTS 153.39Accounts Payable Check 162001 09/27/2019 ULTREX LEASING 521.52Accounts Payable Check 162002 09/27/2019 IWINA M. VAN BEEK 69.00Accounts Payable Check 162003 09/27/2019 SABRINA T. VAN BEEK 23.00Accounts Payable Check 162004 09/27/2019 THOMAS F. VELASQUEZ 75.00Accounts Payable Check 162005 09/27/2019 VERDIN 12,338.73Accounts Payable Check 162006 09/27/2019 VERIZON WIRELESS 94.42Accounts Payable Check 162007 09/27/2019 VINO VICE, INC.165.00Accounts Payable Check 162008 09/27/2019 WALSH ENGINEERING 22,728.97Accounts Payable Check 162009 09/27/2019 WEST COAST AUTO & TOWING, INC.45.00Accounts Payable Check 162010 09/27/2019 WILKINS ACTION GRAPHICS 216.51Accounts Payable Check 162011 09/27/2019 WOODS HUMANE SOCIETY 4,750.00Accounts Payable Check 162012 09/27/2019 MARTHA Y. WRIGHT 171.60Accounts Payable Check 162013 09/30/2019 ANTHEM BLUE CROSS HEALTH 179,133.79Payroll Vendor Payment 162014 09/30/2019 LINCOLN NATIONAL LIFE INS CO 1,573.49Payroll Vendor Payment 162015 09/30/2019 MEDICAL EYE SERVICES 1,805.06Payroll Vendor Payment 162016 09/30/2019 PREFERRED BENEFITS INSURANCE 8,931.20Payroll Vendor Payment $1,891,084.85 ITEM NUMBER: A-2 DATE: 10/22/19 ATTACHMENT: 1 Page 20 of 176 ITEM NUMBER: A-3 DATE: 10/22/19 Atascadero City Council Staff Report – Police Department Amendment to Atascadero Municipal Code Section 4-2.1301 Time Limit Parking RECOMMENDATION: Council adopt on second reading, by title only, Draft Ordinance amending Title 4, Chapter 2, Article 13, Section 4-2.1301 of the Atascadero Municipal Code regarding time limit parking areas. DISCUSSION: On October 8, 2019, the City Council conducted a public hearing to consider amending Title 4, Chapter 2, Article 13, Section 4-2.1301 of the Atascadero Municipal Code regarding time limit parking areas. The Atascadero Police Department routinely receives complaints regarding parking violations in the business corridors throughout the City. The majority of these complaints are related to vehicles parked in violation of the specified time limit for that area. Existing Municipal Code language makes enforcement of time limit parking problematic and as a result the Atascadero Police Department has been unable to enforce violations in the majority of areas throughout the business corridor. The amendments included in the Draft Ordinance will ensure that Time Limit parking areas are enforceable and consistent with neighboring jurisdictions. FISCAL IMPACT: None. ATTACHMENTS: 1. Draft Ordinance 2. Redline of Atascadero Municipal Code Section 4-2.1301 Page 21 of 176 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/22/19 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 4, CHAPTER 2, ARTICLE 13, SECTION 4-2.1301 OF THE ATASCADERO MUNICIPAL CODE REGARDING TIME LIMIT PARKING WHEREAS, parking is at a premium in the downtown corridor in the business districts; and WHEREAS, the City seeks to limit parking to a reasonable time period for all patrons of local area businesses; and WHEREAS, the Traffic Engineer is authorized to designate either appropriate signs or curb markings at areas where it is unlawful for the operator of any vehicle to stop, stand, or park said vehicle adjacent to any such legible curb marking or signs for a period of time in violation thereof; and WHEREAS, the Atascadero Police Department is tasked with the enforcement of parking violation complaints and is currently hindered in their efforts to do so by the current language of the Atascadero Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. Atascadero Municipal Code Section 4-2.1301(b) shall be amended as follows: 4-2.1301(b) Time Limit Parking When curb markings are used instead of signs, time limit parking zones shall be indicated by green paint upon the top of all curbs in said zones. Green shall mean no standing or parking for a period longer than indicated at any time between 9:00 a.m. and 6:00 p.m. for any day except Sundays and holidays. SECTION 3. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 4. Repeal of any provision of the AMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed p art will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 22 of 176 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/22/19 1 SECTION 5. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 6. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 8. This Ordinance shall take effect 30 days from the date of final passage. INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ____________, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO ____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 23 of 176 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/22/19 2 4-2.1301 Time limit parking. (a) The Traffic Engineer is authorized to designate by appropriate signs or curb marking, locations where it shall be unlawful for the operator of any vehicle to stop, stand, or park said vehicle adjacent to any such legible curb marking or sign s for a period of time in violation thereof. (b) When curb markings are used instead of signs, tTime limit parking zones shall be indicated by green paint upon the top of all curbs in said zones. Green shall mean no standing or parking for a period longer than indicated at any time between 9:00 a.m. and 6:00 p.m. for any day except Sundays and holidays. Page 24 of 176 ITEM NUMBER: A-4 DATE: 10/22/19 Atascadero City Council Staff Report – City Manager’s Office Resolution to Authorize Application for Prop 68 Parks and Recreation Grant Per Capita Program Funds RECOMMENDATION: Council approve Draft Resolution authorizing an application for Proposition 68 California Drought, Water, Parks, Climate, Costal Protection and Outdoor Access for All Per Capita Program Funds to the California Department of Parks and Recreation. DISCUSSION: On June 5, 2018, California voters approved Proposition 68, the Parks and Water Bond Act of 2018 (Senate Bill 5). A number of grant programs for drought, water, parks, climate, coastal protection, and outdoor access will be supported with Proposition 68 bond proceeds. One is the Per Capita Program, which provides $185,000,000 to cities and counties statewide for local park rehabilitation, creation and improvements on a per capita basis, with a minimum award of $200,000. Under this program, grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. The process to obtain these grant funds is initiated by City Council adoption of a resolution authorizing the City to apply to the Per Capita Program . Council must adopt the Resolution language as supplied by the State and the adopted Resolution must be submitted to the Office of Grants and Local Services (OGALS) by November 1, 2019. Adoption of the Resolution expresses the City Council’s agreement with the funding contract with the State and confirmation that the City has funds to complete, operate and maintain the grant-funded projects. The Resolution also de signates an authorized position, the City Manager, to represent the City and execute all documents and negotiations on behalf of the City. Should the Council choose to adopt the Resolution and authorize the City Manager to submit for grant funding, the application packet(s) will be due to OGALS no later than January 31, 2020. Projects must be for recreational purposes, either acquisition or development. Multiple projects may be completed under one contract, though each project requires a separate application p acket. OGALS will review each application packet and send a letter of approval to the City or request additional information . Once approved, OGALS will forward a contract to the City. The contract must be signed and returned no later than March 31, 2020. If additional application packets are submitted, Page 25 of 176 ITEM NUMBER: A-4 DATE: 10/22/19 OGALS will amend the contract to reflect the total project amount approved for all applications, up to the City’s allocation amount. Staff members from the City Manager’s Office, Zoo, Recreation and Public Works have met to discuss ideas for potential park and recreational facility enhancement projects. Building on these ideas, staff will evaluate and prioritize the potential enhancement projects based on need, cost and community benefit. Staff has identified projects for Paloma Creek Park, Colony Park Community Center, Lake Park and the Zoo. As projects are evaluated and prioritized, staff will come back to Council to identify which projects will be included in the application packet(s) submitted to OGALS based on the City’s final allocation. ENVIRONMENTAL REVIEW: The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT: The City of Atascadero is eligible to receive a minimum of $200,000 and can apply for multiple projects. If awarded, this grant will have a positive fiscal impact, as it will allow for much needed park enhancements to take place. The Per Capita Program requires a local 20% match which can be met through Federal, City or private funds, in -house employee services or volunteer labor. Staff will identify funding sources, or in -kind employee/volunteer services for the match during development of the application(s). ALTERNATIVES: Council could choose not to approve the Resolution and not authorize the City to apply for the grant funding. ATTACHMENTS: 1. Draft Resolution 2. Per Capita Program Procedural Guide Page 26 of 176 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/22/19 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract with the State of California to complete project(s). NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Atascadero hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s). 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s). 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s). 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Atascadero’s general or recreation plan (PRC §80063(a)). 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)). 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code. 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Atascadero will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. Page 27 of 176 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/22/19 1 (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity- serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide. 11. Delegates the authority to the City of Atascadero’s City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s). 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED AND ADOPTED at a regular meeting of the City Council held on the __ day of ____, 2019. On motion by Council Member ________ and seconded by Council Member __________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Page 28 of 176 Procedural Guide for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 PER CAPITA PROGRAM March 2019 Draft State of California The Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services (OGALS) “Creating Community through People, Parks, and Programs” Send Application and correspondence to: Street Address for Overnight Mail: Calif. Dept. of Parks and Recreation Office of Grants and Local Services 1416 Ninth Street, Room 918 Sacramento, CA 95814 Mailing Address: Calif. Dept. of Parks and Recreation Office of Grants and Local Services P.O. Box 942896 Sacramento, CA 94296-0001 Phone: (916) 653-7423 Website: www.parks.ca.gov/grants 2018-2019 California State Budget, Chapter 29 Budget Item 3790-101-6088 (b) - $185,000,000 shall be available for the Local Park Rehabilitation, Creation in Urban Areas Program, consistent with subdivision (a) of Section 80061 of the Public Resources Code. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 29 of 176 2 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Department Mission The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. Community Engagement Division Mission The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all. The Office of Grants and Local Services Mission The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. OGALS VISION GOALS To Be:  A leader among park and recreation professionals.  Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.  Honest, knowledgeable and experienced grant administration facilitators.  Sensitive to local concerns while mindful of prevailing laws, rules and regulations.  Perceptive to opportunities for partnerships, growth and renewal where few existed before.  Committed to providing quality customer service in every interaction and transaction.  Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 30 of 176 3 TABLE OF CONTENTS PER CAPITA PROGRAM DESCRIPTION ........................................................................ 4 Eligible Recipients (PRC §80062) ...................................................................................... 4 Eligible Projects ................................................................................................................. 5 GRANT PROCESS ............................................................................................................ 5 Authorizing Resolution ....................................................................................................... 6 APPLICATION SECTION .................................................................................................. 9 Application Packet Checklist ............................................................................................ 10 Per Capita Project Application Form ................................................................................ 11 Per Capita Match ............................................................................................................. 12 Acquisition Projects .......................................................................................................... 13 Eligible Acquisition Costs ................................................................................................. 14 Development Projects ...................................................................................................... 15 Community Access Projects ............................................................................................ 17 Development Project Scope/Cost Estimate Form ............................................................ 19 Community Access Project Scope/Cost Estimate Form................................................... 20 Funding Sources Form ..................................................................................................... 21 CEQA Compliance Certification ....................................................................................... 22 Land Tenure ..................................................................................................................... 23 Site Plan ....................................................................................................................... 25 Sub-leases or Agreements ............................................................................................... 25 Greenhouse Gas Emissions Reduction and Carbon Sequestration. ................................ 25 SPECIAL REQUIREMENTS ............................................................................................ 26 Status Report ................................................................................................................... 26 Bond Act Sign .................................................................................................................. 28 Deed Restriction .............................................................................................................. 29 GRANT PAYMENT SECTION ......................................................................................... 33 Payment Request Form ................................................................................................... 34 Grant Expenditure Form ................................................................................................... 35 Project Completion Packet ............................................................................................... 36 PER CAPITA CONTRACT .............................................................................................. 41 ACCOUNTING AND AUDITS .......................................................................................... 48 Accounting Requirements ................................................................................................ 48 Audit Checklist ................................................................................................................. 49 REFERENCES ................................................................................................................ 50 Public Resources Code relating to the Per Capita program ............................................. 50 Allocation Tables .............................................................................................................. 53 DEFINITIONS .................................................................................................................. 53 Words and terms shown in SMALL CAPS are found in the definitions section. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 31 of 176 4 Per Capita Program Description Background This program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via State Budget item 3790-101-6088(b). Legislative program information is found in the Public Resources Code (PRC) beginning at §80000 (see page 50). General Per Capita Program: $185,000,000 Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(a)). Urban County Per Capita: $13,875,000 Additional funds are available for Per Capita grants to cities and districts in urbanized counties (a county with a population of 500,000 or more) providing park and recreation services within jurisdictions of 200,000 or less in population. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under the General Per Capita Program (PRC §80061(b)). Eligible Recipients (PRC §80062) Sixty percent (60%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $200,000.  Cities  Eligible Districts, other than a regional park district, regional park and open -space districts, and regional open-space districts1 Forty percent (40%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $400,000.  Counties  Regional park districts, regional park and open space districts, and regional open space districts Allocations Specific entities eligible for funding and their allocations can be found beginning on page 53. 1 For purposes of this chapter, “district” means any regional park district, regional park and open- space district, or regional open-space district formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 32 of 176 5 Eligible Projects  PROJECTS must be for recreational purposes, either acquisition or DEVELOPMENT. Do not submit combined acquisition and development projects.  Up to 5% of the allocation may be used for a COMMUNITY ACCESS PROJECT (PRC §80008(c)(1)).  Multiple PROJECTS may be completed under one contract; each PROJECT requires a separate APPLICATION PACKET.  A PROJECT can only have one location. One PROJECT that serves several parks is not permitted.  GRANTEES are encouraged to partner with other GRANTEES on PROJECTS (PRC §80063(b)). See page 53 for information on allocation transfers. Match PROJECTS not serving a “severely disadvantaged community” (median household income less than 60% of the statewide average) require a 20% match (see page 12) (PRC §80061(c)). No Supplanting GRANTEES must use Per Capita grant funds to supplement existing expenditures, rather than replace them (PRC §80062(d)). For example, a GRANTEE has a budget for recreational capital expenditures of $500,000 per year, and is receiving a $200,000 allocation under the Per Capita program. The budget cannot be reduced to $300,000, with the Per Capita funds making up the difference. Similarly, if a PROJECT has been approved by the governing body, and a funding source has been identified, Per Capita funds cannot be swapped in as a new funding source unless the prior funding source is applied to another recreational capital project. GRANTEES should keep all documents indicating intent to use Per Capita grant funds for PROJECTS. Grant Process GRANT PERFORMANCE PERIOD: July 1, 2018 – June 30, 2022 1. Resolution (submit no later than November 1, 2019): GRANTEE passes one resolution approving the filing of all applications associated with the contract, and forwards a copy to OGALS. 2. APPLICATION PACKET(s) (submit no later than January 31, 2020): The GRANTEE defines the PROJECT SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information. 3. Contract (sign and submit no later than March 31, 2020): OGALS will forward a contract to the GRANTEE once a PROJECT APPLICATION PACKET has been approved. OGALS will encumber the total amount of approved applications. As GRANTEE submits additional APPLICATION PACKETS, OGALS will amend the contract to reflect the total PROJECT amount for all approved APPLICATION PACKETS, up to the allocation amount. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 33 of 176 6 a. The contract section, beginning on page 41, includes a sample contract. b. The GRANTEE must return the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than March 31, 2020. c. OGALS returns a copy of the fully executed contract to the GRANTEE. 4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The grant payments section, beginning on page 33, provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. b. The GRANTEE completes PROJECT SCOPE(s) no later than December 31, 2021. c. The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, 2022. d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection. 5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 48, provides directions and an Audit Checklist for DPR audit and accounting requirements. Authorizing Resolution GRANTEE passes one resolution approving the filing of all applications associated with the contract, and forwards a copy to OGALS. The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged . The Authorizing Resolution serves two purposes: 1. It is the means by which the GRANTEE’S Governing Body agrees to the terms of the contract; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the contract. 2. Designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the contract. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE. Resolution items 4, 5, 7, 8 and 9 are all required by Proposition 68. Complete the highlighted areas of the Authorizing Resolution. The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position titl e) either in entirety or for particular documents. This may be included in item 11 of the resolution, or the AUTHORIZED REPRESENTATIVE may submit a letter (on letterhead) or email to OGALS delegating authority. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 34 of 176 7 Resolution Form Resolution No: __________________ RESOLUTION OF THE (Title of Governing Body/City Council, Board of Supervisors) OF (City, County, or District) APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED that the (grantee’s governing body) hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s); and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the [city/county/district’s] general or recreation plan (PRC §80063(a)), and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the [city/county/district] will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 35 of 176 8 (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low -income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Approved and adopted the _____day of ______________, 20_______. I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the (grantee’s governing body) following a roll call vote: Ayes: ____ Noes: ____ Absent: ____ (Clerk) ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 36 of 176 9 Application Section  GRANTEE may submit multiple APPLICATION PACKETS.  Separate APPLICATION PACKETS are required for each PROJECT site.  Provide all APPLICATION PACKET items in the order shown in the following checklist.  Submitted documents need not contain “wet” signatures; but the GRANTEE must keep all original signed documents.  If submitting hard copies, number all pages of the APPLICATION PACKET.  GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail each APPLICATION PACKET item to the PROJECT OFFICER as a separate digital file, labeled as the application item. OGALS will send a contract to the GRANTEE once a PROJECT APPLICATION PACKET has been approved. OGALS will encumber the total amount of approved applications. As GRANTEE submits additional applications, OGALS will amend the contract to reflect the total PROJECT amount for all approved applications, up to the allocation amount. Any costs incurred prior to finalizing the contract are at the GRANTEE’S own risk. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 37 of 176 10 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Application Packet Checklist GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET. An APPLICATION PACKET is not complete unless all items on the checklist are submitted. Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item Procedural Guide Page # Check when signed by AUTHORIZED REPRESENTATIVE Application Packet Page # Application Packet Checklist Pg. 10 Pg._____  Application Pg. 11 Pg._____ Development Project Scope/Cost Estimate, or Pg. 19 Pg._____ Community Access Project Scope/Cost Estimate, or Pg. 20 Pg._____ Acquisition Requirements Pg. 13 Pg._____  Funding Sources Form Pg. 21 Pg._____ Per Capita Match Calculator Pg. 12 Pg._____ CEQA Compliance Certification Pg. 22 Pg._____ Land Tenure documentation Pg. 23 Pg._____ Sub-Leases or Agreements Pg. 25 Pg._____ Site Plan Pg. 25 Pg._____ GHG Emissions Reduction Worksheet Pg. 25 Pg._____ ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 38 of 176 11 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Per Capita Project Application Form PROJECT NAME REQUESTED GRANT AMOUNT $ MATCH AMOUNT (if project is not serving a severely disadvantaged community) $ PROJECT SITE NAME and PHYSICAL ADDRESS where PROJECT is located (including zip code) LAND TENURE ( all that apply) (not required for COMMUNITY ACCESS PROJECTS) Owned in fee simple by GRANTEE Available (or will be available) under a _________ year lease or easement NEAREST CROSS STREET (Check one) Project is for Acquisition ☐ Development ☐ Community Access ☐ COUNTY OF PROJECT LOCATION GRANTEE NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Grant Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________ Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name Title ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 39 of 176 12 Per Capita Match PROJECTS that do not serve severely disadvantaged communities (median household income less than 60% of the statewide average) must include 20% match from the GRANTEE (PRC §80061(c)). Costs incurred to provide match must be eligible costs. Visit the website parksforcalifornia.org/percapita and follow the instructions; submit the report with the APPLICATION PACKET. Eligible match sources  Federal funds  Local funds  Private funds  IN-HOUSE EMPLOYEE SERVICES  Volunteer labor Ineligible match source  State funds ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 40 of 176 13 Acquisition Projects Acquisition Requirements 1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference. 2. Land cannot be acquired through eminent domain. 3. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., combined must be less than 25% of the PROJECT costs. 4. A deed restriction must be recorded on the property after the acquisition is complete. 5. Land must be open to the public for recreational purposes within three years from the date the final payment is issued by the State Controller’s Office (SCO).2 6. GRANTEE must provide Title Insurance. 7. PROJECTS must be consistent with the park and recreation element of the [city/county/district’s] general or recreation plan (PRC §80063(b)). 8. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)). Acquisition Grant Scope/Cost Estimate Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:  A brief description, for example, “Acquisition of approximately (enter total acreage to be acquired) for the development of ___ park by (enter date no later than three years from the date final payment is issued by the SCO).”  Estimated total costs for land and relocation  Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow fees, title insurance fees, deed restriction recordation costs Acquisition Documentation For each parcel to be acquired, submit the following documents: 1. An appraisal conducted within the last twelve months 2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods 3. County Assessor’s parcel map, showing parcel number and parcel to be acquired 4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value) 5. Acreage of each parcel to be acquired 6. A description of any encumbrances that will remain on the property, such as grazing, timber, mineral rights or easements 7. A brief description of the intended recreational use of the land with the estimated date by which the site will be open to the public for recreational purposes 2 Grantees will see this date on their project complete letter – “A final payment was issued by the SCO on xx/xx/20xx” ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 41 of 176 14 8. A letter from the seller indicating a willingness to enter into negotiations to sell the property, and indicating the seller’s understanding that the State cannot participate in acquisitions for more than the appraised value For easement acquisitions, in addition to the requirements above, provide: 9. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application. For relocation costs, in addition to the requirements above, provide: 10. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §§7260-7277. Eligible Acquisition Costs  IN-HOUSE EMPLOYEE SERVICES – see accounting rules for more information (page 48)  GRANT administration and accounting  Public meetings/focus groups/design workshop  Appraisals, escrow fees, surveying, other costs associated with acquisition  Cost of land Ineligible Acquisition Costs – Cannot be charged to the grant  Acquisitions to fulfill any mitigation requirements imposed by law (PRC §80020)  Land acquired outside state  Costs incurred outside the grant performance period  Development costs  Acquisitions for less than fee title ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 42 of 176 15 Development Projects Development Project Requirements 1. PROJECTS must be consistent with the park and recreation element of the GRANTEE’S general or recreation plan (PRC §80063(b)). 2. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)). 3. Contracted work must comply with the provisions of §1771.5 of the State Labor Code. 4. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT. 5. PRE-CONSTRUCTION COSTS may not exceed 25% of the PROJECT amount. 6. The primary purpose of any building constructed or improved must be public recreation. Renovating a gymnasium that includes office space for staff is eligible; renovating GRANTEE’S office building is not. 7. PROJECTS must be accessible, including an accessible path of travel to the PROJECT. Eligible Development Costs All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost. Eligible Pre-construction Costs – up to 25% of PROJECT costs; incurred prior to groundbreaking as determined by the GRANTEE  Public meetings, focus groups, design workshops  Plans, specifications, construction documents, and cost estimates  Permits  CEQA  Bid preparation and packages  IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking  Grant administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after groundbreaking.  Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision  Equipment – Equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices.  Bond and other signs  Premiums on hazard and liability insurance to cover personnel or property  Site preparation  Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 43 of 176 16  Construction management: including site inspections and PROJECT administration  Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications  Employee services after groundbreaking  GRANT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant  PRE-CONSTRUCTION COSTS that exceed 25% of the PROJECT costs  Development to fulfill any mitigation requirements imposed by law (PRC §80020)  All non-capital costs, including interpretive and recreational programming, software and software development  Construction or improvements to facilities that are not primarily designated for recreational purposes, such as park district offices  Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)  Costs incurred before or after the GRANT PERFORMANCE PERIOD  Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.)  Food and beverages  Out-of-state travel  Repairs – activities performed to a section of a structure that are intended to allow the continued use.  Maintenance – activities intended to be performed on a regular basis to maintain the expected useful life of a structure.  Fundraising Distinguishing capital outlay from maintenance and repair:  Capital outlay – building something new, or in regards to existing structures, activities intended to boost the condition beyond its original or current state.  Repairs – activities performed to a section of a structure that are intended to allow the continued use.  Maintenance – activities intended to be performed on a regular basis to maintain the expected useful life of a structure. Examples: Roof – replacing broken shingles is maintenance; fixing a hole is repair; replacing the roof is capital outlay. Playground – adding additional fall material is maintenance; fixing the chains on a swing set is repair; replacing the play structures is capital outlay. Windows – repairing the glazing is maintenance; replacing broken panes is repair; replacing the windows is capital outlay. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 44 of 176 17 Community Access Projects Community Access Project Requirements 1. PROJECTS must be consistent with the park and recreation element of the GRANTEE’S general or recreation plan (PRC §80063(b)). 2. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)). 3. Contracted work must comply with the provisions of §1771.5 of the State Labor Code. 4. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT. Eligible Community Access Project Costs All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.  Meetings: public meetings/focus groups, GRANTEE planning sessions  PROJECT management (excluding grant writing) and accounting  Non-capital costs, including interpretive and recreational programming, software and software development  IN-HOUSE EMPLOYEE SERVICES related to PROJECT activities.  Equipment (the cost of equipment or vehicle(s) currently owned by the grantee ): such equipment or vehicle(s) may be charged to the grant for each use. The GRANTEE shall maintain a log that describes the activities conducted and the time that the equipment or vehicle is used, as related to the grant scope, as well as a license number or vehicle identification number.  GRANTEE may also rent or purchase the equipment or vehicle(s), whichever is the most economical use of grant funds.  Purchased equipment or vehicle(s): residual market value shall be credited to the project costs upon completion.  Supplies and materials: activity supplies, educational materials, communication materials, etc. Supplies and materials may be drawn from central stock if claimed costs are no higher than those the grantee would pay if purchased elsewhere.  Miscellaneous costs: other costs incurred, such as transporting materials or personnel. Ineligible Community Access Project Costs  Costs incurred before or after the grant performance period  Indirect costs – overhead business expenses of the grantee’s fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.)  Food and beverages  Out-of-state travel  Capital outlay expenditures  Costs associated with master plans ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 45 of 176 18  Repairs and maintenance by IN-HOUSE EMPLOYEE SERVICES  Fundraising Accounting Rules for In-House Employee Services GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:  Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.  Time estimates, including percentages, for work performed on the PROJECT are not acceptable.  Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.  Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.  Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.  May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 46 of 176 19 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Development Project Scope/Cost Estimate Form GRANTEE: _________________________ Project Name: _______________________ Development project scope (Describe the PROJECT in 30 words or less): Project Scope Items -  all that apply: Install new Renovate existing Replace existing Recreation Element Pool, aquatic center, splash pad Trails or walking paths Landscaping or irrigation Group picnic, outdoor classrooms, other gathering spaces Play equipment, outdoor fitness equipment Sports fields, sports courts, court lighting Community center, gym, other indoor facilities Restroom, concession stand Other:________________________________________ Other:________________________________________ Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc. Total estimated cost for construction: $ PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, permits, bid packages, CEQA); up to 25% of total project cost. $ Total PROJECT cost: $ Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT Cost) $ - Total PROJECT amount requested: $ The GRANTEE understands that all elements listed on this form must be complete and open to the public before the final grant payment will be made. AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 47 of 176 20 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Community Access Project Scope/Cost Estimate Form GRANTEE: _________________________ Project Name: ______________________ Project site: Project Scope Items -  all that apply and provide a brief description: Transportation (for recreation programs) Physical activity programming (sport leagues, dance, exercise, etc.) Resource interpretation Multilingual translation Natural science Workforce development and career pathways Education Communication related to water, parks, climate, coastal protection, and other outdoor pursuits Total PROJECT cost: $ Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT Cost) $ - Total PROJECT amount requested: $ The GRANTEE understands that all elements listed on this form must be complete and available to the public before the final grant payment will be made. AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 48 of 176 21 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Funding Sources Form GRANTEE: _________________________ Project Name: _______________________ PROJECTS funded by the program are not complete until the grant SCOPE is complete. If Per Capita grant funds will be used as part of the funding for a larger project, GRANTEES can do one of the following: 1. Identify a smaller subset of the larger project that can be completed. That smaller project will be the grant SCOPE. 2. Incorporate the funds from the Per Capita grant into the larger project. The larger project will be the grant SCOPE. Per Capita funds will / will not (circle one) be used as part of the funding for a larger project. If Per Capita grant funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project: The total cost of the larger project that these grant funds will contribute to is: $________ Anticipated completion date: _________________ List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified. Funding Source Date Committed Amount Per Capita/State of California July 1, 2018 $ _______________________________________________ _____________________ AUTHORIZED REPRESENTATIVE Signature Date ______________________________________________________________________ Print Name and Title ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 49 of 176 22 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION CEQA Compliance Certification Not required for COMMUNITY ACCESS PROJECTS GRANTEE: __________________________________________________________ Project Name: ______________________________________________________ Project Address: ___________________________________________________ Is CEQA complete? Yes No Is completing CEQA a project scope item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis: Date complete/expected to be completed  Notice of Exemption (attach recorded copy if filed) ___________  Notice of Determination (attach recorded copy if filed) ___________  Other: ____________________________ ___________ If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency. Lead Agency Contact Information: Agency Name: ______________________________________________________________ Contact Person: _____________________________________________________________ Mailing Address: _____________________________________________________________ Phone: ( ) ___________________ Email: __________________________________ Certification: I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition. I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds. ______________________________ ________ ____________________________ AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE (Signature) (Printed Name and Title) FOR OGALS USE ONLY CEQA Document Date Received PO Initials NOE NOD ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 50 of 176 23 Land Tenure The purpose of the land tenure requirement is to verify that the GRANTEE has sufficient legal rights to the property to fulfill the terms of the contract.  PROJECT amounts up to $100,000 require at least 20 years of land tenure at the site to be acquired or developed.  PROJECT amounts greater than $100,000 require at least 30 years of land tenure at the site to be acquired or developed.  The 20 or 30 year land tenure requirement begins on July 1, 2018.  The GRANTEE remains responsible for fulfillment of the terms of the contract, even if the GRANTEE’S land tenure agreement changes within the contract PERFORMANCE PERIOD.  Not applicable to COMMUNITY ACCESS PROJECTS. Land Tenure Ownership Documentation If the GRANTEE owns PROJECT site in fee simple, provide one of the following:  Deed or deed recordation number, or  Title report, or  Tract map or assessor’s map with owner’s name Land Tenure Non-Ownership Documentation If the GRANTEE does not own the PROJECT site in fee simple, provide:  Land Tenure Agreement Checklist (page 24)  Signed land tenure agreement If the grantee does not own the project site in fee simple, and the existing land tenure agreement does not meet the requirements shown in the Land Tenure Checklist, provide  Land Tenure Agreement Checklist (page 24)  Signed land tenure agreement  An explanation as to how the existing land tenure agreement adequatel y protects the State’s interest. OGALS will review and determine if the land tenure is sufficient. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 51 of 176 24 Land Tenure Agreement Checklist If the GRANTEE does not own the land in fee simple, complete this checklist. Attach a copy of the signed land tenure agreement. Identify the page numbers where the required items can be found in the land tenure agreement and highlight the provisions in the agreement where the information is located. All items are required. GRANTEE: __________________________ Project Name: _______________________  Page Required Item □ Type of agreement: For example: lease, joint powers agreement, easement, memorandum of understanding, etc. ____________________________________________________ □ Parties to the agreement (land owner must be public agency or utility) and date signed: Party Date Signed __________________________________ ________________ __________________________________ ________________ __________________________________ ________________ □ Term of the agreement: ____ years □ Agreement end date: _______________________  Grant amounts up to $100,000 require at least 20 years of land tenure.  Grant amounts above $100,000 require at least 30 years of land tenure.  The land tenure requirement begins on July 1, 2018. □ Renewal option: Must include an option, which can be non-binding, for the GRANTEE to renew the agreement beyond the original 20 or 30 year term. □ Termination clause: Any of the following is acceptable:  No termination clause – the agreement is non-revocable.  Termination clause specifies the agreement is revocable only for cause.  The termination clause cannot allow the land owner to revoke the agreement without cause, i.e., at will. □ Site Control, Roles and Responsibilities should the GRANT be awarded, the agreement:  Authorizes the GRANTEE to proceed with the construction PROJECT. The GRANTEE may delegate construction to other entities.  Establishes when the general public can use the PROJECT and gives GRANTEE permission to operate the PROJECT site (such as scheduling recreational programs). The GRANTEE may delegate operational roles to other entities but is bound through the contract provisions to ensure full public access for the duration of the land tenure period.  Identifies which entity will maintain the PROJECT site. The GRANTEE may delegate maintenance to other entities but is bound through the contract provisions to ensure maintenance of the PROJECT site for the duration of the land tenure period. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 52 of 176 25 Site Plan Provide a drawing showing where all the items listed in the PROJECT SCOPE/Cost Estimate Form will be located. To ensure that any building use meets the requirements of the program, include the function and approximate square footage of each room within buildings that are part of the SCOPE, and the approximate total square footage of the buildings. It does not need to be a detailed engineering rendering. Not required for COMMUNITY ACCESS PROJECT applications. Sub-leases or Agreements Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance. Greenhouse Gas Emissions Reduction and Carbon Sequestration.3 If your PROJECT involves tree planting, follow the instructions below. If your PROJECT does not involve tree planting, check the N/A box for this item on the Application Checklist. Before getting started, gather the following information about your PROJECT:  Tree species  Size of trees at planting  Information on the distance and direction to the nearest building (if applicable)  Information on the age and climate control of any nearby buildings (if applicable)  Information about the tree’s growing conditions Getting started: 1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project. 2. On the Location map, select your state, county and city, and then click Next. 3. Configure the project parameters4:  “Electricity emissions factor” enter 285 and select kilograms  “Fuel emissions factor” enter 53.1 and select kilograms  “Years for the project” is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter 44.  “Tree mortality” enter 0 4. Tree Planting Configurations  Enter the tree groups for the project; create a new group for each new species or for each new location.  Species – select the species; add multiple species by creating new groups.  DBH – tree diameter four feet above the ground at time of planting.  Distance to nearest tree – select from drop down menu 3 PRC §80001(b)(7) 4 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program.” ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 53 of 176 26  Tree is (north, south, east or west) of Building – select the direction the tree is located to the nearest climate controlled building.  Climate controls – select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate controlled building, select “none.”  Condition – select the overall health of the trees at the time of planting.  Exposure to sunlight – select the amount of sun that reaches the tree, based on its surroundings.  Number of trees – enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristics change, multiple lines of the same species should be input into the tool. Once all the groups are entered, hit next 5. Print the report in landscape mode, and submit it with your application. Special Requirements  Status Reports (page 26)  Bond Act Sign (page 28)  Deed Restriction (page 29) Status Report OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 54 of 176 27 Sample Status Report – Due xx/xx/20xx (30 days from mail date) Grantee: Project Number: Project Name: Project Scope: Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction □ Community Access When will you submit your next payment request? For how much? Estimated date of project completion: Potential obstacles affecting completion: Is the PROJECT: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain: Describe grant-funded work completed since last status report submitted on (DATE): Provide photos showing work completed since (DATE) Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form. Provide information on payments to be submitted over the next three years: Between 7/1/18 and 6/30/19 Between 7/1/19 and 12/31/19 Between 1/1/20 and 6/30/20 Between 7/1/20 and 12/30/20 Between 1/1/21 and 6/30/21 Between 7/1/21 and 12/30/21 After 1/1/22 $ $ $ $ $ $ $ The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates. I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge. __________________________ _______________________ _____________ Authorized Representative* Title Date (*Certification to above information requires a signature by a person authorized in the resolution) ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 55 of 176 28 Bond Act Sign A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the PROJECT must be installed during construction and at completion (PRC §80001(b)(3)). A sign is not required for COMMUNITY ACCESS PROJECTS. Types of Signs 1) Construction – An acknowledgment sign is required during construction. 2) Post Completion - All grantees are required to post a sign at the PROJECT site upon completion of the project. The sign must be available for the final inspection of the PROJECT and remain in place for a minimum of four (4) years from date of PROJECT completion. There is no minimum or maximum size other than the minimum size fo r the logo, as long as the sign contains the required wording. If appropriate, the same sign can be used during construction and completion. Sign Language All signs must contain the language shown to the right of this paragraph. Use the names of the current officials. The name of the director of the local agency or other governing body may be added. The sign may also include names (and/or logos) of other partners, organizations, individuals and elected representatives. Logo All signs must display the Parks and Water Bond Act logo. The logo is available at http://resources.ca.gov/grants/logo-art/. Display the logo to maximize visibility and durability. Each edge of the logo must be a minimum of 24″ x 24″. Exceptions may be approved, when appropriate, at OGALS’ discretion. Sign Construction All materials used shall be durable and resistant to the elements and graffiti. The California Department of Transportation and DPR standards may be used as a guide for gauge of metal, quality of paints used, mounting specifications, etc. Sign Cost The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged. Appropriateness of Signs For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project. State Approval GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed. Project Title/Description Another project funded through the California Natural Resources Agency to protect, restore, and enhance California’s cultural, community, and natural resources GAVIN NEWSOM, GOVERNOR Wade Crowfoot, Secretary for Natural Resources Lisa Mangat, Director, California Department of Parks and Recreation ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 56 of 176 29 Deed Restriction The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the contract PERFORMANCE PERIOD. A Deed Restriction is not required for COMMUNITY ACCESS PROJECTS. If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow. A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement. Deed Restriction Instructions 1. Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered contract for the GRANT amount. 2. The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps: 1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed. 2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed restriction and the required attachments: (1) Exhibit A: Label this attachment “Exhibit A (Legal Description of Property)” and include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor’s parcel number or a street address is NOT a valid legal description.) and, (2) Exhibit B: Label this attachment “Exhibit B (Grant Contract)” and include a complete copy of the Grant Contract and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California. 3. Notarize it: Take the following documents to a notary. OGALS recommends submitting these documents to the OGALS PROJECT OFFICER for review prior to notarizing.  Unsigned and undated Deed Restriction  Exhibit A (Legal Description of Property)  Exhibit B (Grant Contract) The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189). 4. Record it: Take the notarized documents bulleted above to the County Recorder’s Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property. 5. Send it: Send a copy of the notarized and recorded documents bulleted above to the OGALS PROJECT OFFICER. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 57 of 176 30 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: [Project Officer] DEED RESTRICTION I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for improvements on the Property; and IV. WHEREAS, on (enter date), DPR’s Office of Grants and Local Services conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 58 of 176 31 VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years). 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.I of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Propert y within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 59 of 176 32 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated: ______________________, 20 ____ Business Name (if property is owned by a business): _________________________________________ Signed: ___________________________ Signed:__________________________ Authorized Representative Additional signature, as required _________________________________ ________________________________ Print/Type Name & Title of Above Print/Type Name & Title of Above ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 60 of 176 33 Grant Payment Section Payments may be requested after a PROJECT is approved and the contract is encumbered. Payment requests are processed through the State Controller’s Office and mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request. Payment Requirements 1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount. 2. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final reimbursement. 3. A deed restriction is required prior to processing any reimbursements except COMMUNITY ACCESS PROJECTS and an acquisition ADVANCE. 4. Group costs together to avoid frequent payment requests. Reimbursement requests greater than $10,000 are encouraged. 5. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount. 6. CEQA must be complete prior to requesting any construction reimbursement. 7. Provide a sample timesheet with the first IN-HOUSE EMPLOYEE SERVICES reimbursement. 8. A summary list of bidders, recommendation by reviewer of bidders, awarding by governing body and contract agreement must be provided to the PROJECT OFFICER prior to requesting a reimbursement related to that contract. 9. Provide construction progress photos, including a photo with the construction sign visible on the PROJECT site (see page 28), with all construction payment requests. 10. Payment may be withheld by OGALS if the GRANTEE has outstanding issues, for example: breach of any other contract with OGALS, an unresolved audit exception, outstanding conversion, or having other park sites closed or inadequately maintained. Payment Request Form Instructions  All payment request types (reimbursement, final, ADVANCE) require this form.  Payment requests may be submitted by e-mail to the PROJECT OFFICER.  Round all amounts to the nearest whole dollar.  Complete the Payment Request Form as follows: 1. PROJECT Number - Number assigned by OGALS when this PROJECT was approved. 2. Contract Number - As shown in Certification of Funding section of the contract 3. APPLICANT - GRANTEE name as shown on the contract 4. PROJECT Title - Name of the PROJECT as shown in the Application 5. Type of Payment – check appropriate box on form 6. Payment Information – always round down to the nearest dollar. 7. Send Warrant To - AGENCY name, address and contact person 8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 61 of 176 34 Payment Request Form ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 62 of 176 35 Grant Expenditure Form All payment requests require a summary of costs incurred. An electronic version of this form is available at www.parks.ca.gov/grants. Grantees may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS upon request. Only provide the following information to OGALS: PROJECT Number_______________________ Warrant/Check #(1) Date(2) Recipient(3) Purpose(4) Pre- Construction Amount(5) Construction Amount(6) _________________________________________________________________________ PRE-CONSTRUCTION Subtotal (5) $_____________ Construction Subtotal (6) $_____________ Grand Total (5) + (6) $_____________ List only ELIGIBLE COSTS charged to the GRANT. Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers. If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number. Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked. Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials. Column (4) SCOPE item related to the expenditure and a brief description, such as “playground design,” “community center permits,” “walkway materials,” “sports field construction.” Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT amount. Column (6) DEVELOPMENT or COMMUNITY ACCESS PROJECT costs eligible for up to 100% of GRANT amount. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 63 of 176 36 Project Completion Packet PROJECT COMPLETION PACKETS must be submitted by March 31, 2022. The final payment (not less than 20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs: 1. Approval of the PROJECT COMPLETION PACKET (page 36). 2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION. To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents: For COMMUNITY ACCESS PROJECTS: 1. Payment Request Form (page 34) 2. Grant Expenditure Form (page 35) 3. Final Funding Sources Form (page 21) 4. PROJECT COMPLETION Certification Form (page 37) For development PROJECTS, the GRANTEE must submit these additional documents: 5. Photo of the bond act sign and location (page 28) 6. Recorded Deed Restriction if not already provided (page 29) 7. Completed CEQA if not already provided (page 22) 8. Notice of Completion (optional)5 For acquisition PROJECTS, the GRANTEE must submit these additional documents: 1. A copy of the recorded deed to the property 2. A map sufficient to verify the description of the property including parcel numbers and acreage 3. Copy of title insurance policy 4. Copy of title report 5 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 64 of 176 37 Project Completion Certification Form Grantee: __________________________________ Project Number: _____________ Grantee contact for audit purposes Name: ________________________________________________________________ Address: ______________________________________________________________ Phone: (_____) __________________ Email:________________________________ Project completion – list the grant scope items: Provide revised Funding Sources Form Interest earned on advanced funds: $ ________________ Interest spent on eligible costs: $ ________________ Was a Notice of Completion filed with the County Recorder? Yes __ No __ Certification: I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done. I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years. Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both. I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct. ________________________________________ _____________________________ GRANTEE’S AUTHORIZED REPRESENTATIVE Title (Printed or Typed name) _____________________________________________________ ________________ GRANTEE’S AUTHORIZED REPRESENTATIVE (Signature) Date ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 65 of 176 38 Advance Payments  ADVANCE payments are made at the discretion of OGALS. OGALS reserves the right to disapprove ADVANCE payment requests. o Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE. o GRANTEE’S that are unable to finance a considerable portion of their PROJECTS are encouraged to seek an allocation transfer (page 53).  ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.  ADVANCE funds, and any interest earned on those funds, must be spent within six months of receipt, or returned to OGALS.  The sum of DEVELOPMENT and COMMUNITY ACCESS PROJECT ADVANCES cannot exceed 50% of the PROJECT amount. Pre-Construction Advance Payment Type Maximum Request When to Request Documents to Send to PROJECT OFFICER ADVANCE(s) costs to be incurred in next six months Preconstruction estimate shown on Development Project SCOPE/Cost Estimate Form After the contract has been encumbered  Payment Request Form  ADVANCE justification (see below) Construction Advance and Community Access Project Advance Payment Type Maximum Request When to Request Documents to Send to PROJECT OFFICER ADVANCE(s) costs to be incurred in next six months No more than 50% of the grant amount. After the contract has been encumbered, and construction will commence during the next six months  Payment Request Form  ADVANCE justification (see below)  Copy of signed contract and a notice to proceed or IN-HOUSE EMPLOYEE SERVICES schedule  Filed NOD or NOE (page 22) Advance Justification Provide the following information:  Explanation as to why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.  A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after payment request is submitted. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 66 of 176 39  A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit.  A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT .  An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made ava ilable to OGALS on demand. Clearing the Advance ADVANCES must be cleared with six months of receipt, or earlier. A DVANCES should be cleared incrementally, that is, as costs are incurred. An ADVANCE is cleared as follows:  Submit a grant expenditure form (see page 35) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest (or 125% of the ADVANCE amount if match is required).  Submit photos of construction completed and the construction sign (see page 28) with the ADVANCE funds (for construction ADVANCES).  Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six month ADVANCE period. OGALS will then return the GRANT funds to the contract balance. OGALS cannot return interest to the contract balance. Subsequent Pa yments ADVANCE payments must be cleared before any payments will be approved. This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJE CT payment. The following are required to request a waiver: 1. A letter to the PROJECT OFFICER , signed by the AUTHORIZED REPRESENT ATIVE, explaining why the waiver is needed. 2. A statement in the letter that the majority of ADVANCED funds has been cleared. 3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE . Acquisition Advance Payment Type When to Request Documents to Send ADVANCES up to 100% of the GRANT and MATCH amounts After the contract is encumbered and escrow is open See following instructions 1. Escrow letter 2. Title report cover page 3. Payment request form ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 67 of 176 40 The following items are required to request an ADVANCE payment into escrow: 1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE: a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 13). c) GRANT contract number and amount of GRANT funds requested. d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the PROJECT SCOPE and fulfillment of the contract provisions.” e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller. 2. Cover page of the preliminary title report. 3. Payment Request Form. The “Send Warrant To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person (see page 34). After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days. Returning Unexpended Advanced Funds for Acquisition If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earliest. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 68 of 176 41 Per Capita Contract State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Sample Grant Contract Per Capita Program Grantee: Grantee Grant Performance Period is from July 1, 20xx through June 30, 20xx CONTRACT PERFORMANCE PERIOD is from July 1, 20xx through June 30, 20xx The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. Total State grant amount not to exceed $ Grant amount The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By______________________________________ Date____________________________________ _______________________________________________ GRANTEE By _________________________________________ (Typed or printed name of Authorized Representative) ________________________________________ (Signature of AUTHORIZED REPRESENTATIVE) Title _________________________________________ Date _________________________________________ CERTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX Funding Source OBJ. EXPEND I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER DATE ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 69 of 176 42 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 1, 20xx to June 30, 20xx. II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation. 4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. B. Project Execution 1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 70 of 176 43 forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Procedural Guide 1. GRANTEE agrees to abide by the PROCEDURAL GUIDE. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 71 of 176 44 E. Project Termination 1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required. 3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 72 of 176 45 the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 73 of 176 46 purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may n ot be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT. 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 74 of 176 47 implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. N. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. O. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. _____________________________________ GRANTEE By:__________________________________ Signature of Authorized Representative Title: _________________________________ Date: _________________________________ STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: _________________________________ Date: _________________________________ ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 75 of 176 48 Accounting and Audits Accounting Requirements GRANTEES must use accounting practices that:  Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards.  Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT. Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:  Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.  Time estimates, including percentages, for work performed on the PROJECT are not acceptable.  Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.  Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.  Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.  May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc. State Audit Grants are subject to audit by DPR. (See page 49, Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later. The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:  All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.  An employee having knowledge of the PROJECT and its records to assist the DPR auditor. Record Keeping Recommendation GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible. Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 76 of 176 49 Audit Checklist An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916) 657-0370. CONTRACTS Summary list of bidders (including individual bid packages) Recommendation by reviewer of bids Awarding by governing body (minutes of the meeting/resolution) Construction contract agreement Contract bonds (bid, performance, payment) Contract change orders Contractor's progress billings Payments to contractor (cancelled checks/warrants, bank statements and EFT receipts**) Stop Notices (filed by sub-contractors and release if applicable) Liquidated damages (claimed against the contractor) Notice of completion (recorded) IN-HOUSE EMPLOYEE SERVICES* Authorization/work order identifying project Daily time sheets signed by employee and supervisor Hourly rate (salary schedules/payroll register) Fringe benefits (provide breakdown) IN-HOUSE EQUIPMENT* Authorization/work order Daily time records identifying the project site Hourly rate related backup documents MINOR CONTRACTS/MATERIALS/SERVICES/ EQUIPMENT RENTALS Purchase orders/Contracts/Service Agreements Invoices Payments (actual cancelled checks/warrants, bank statements and EFT receipts **) ACQUISITION Appraisal Report Did the owner accompany the appraiser? 10 year history Statement of just compensation (signed by seller) Statement of difference (if purchased above appraisal) Waiver of just compensation (if purchased below appraisal: signed by seller) Final Escrow Closing Statement Cancelled checks/warrants, bank statements and EFT receipts, [payment(s) to seller(s)] GRANT deed (vested to the participant) or final order of condemnation Title insurance policy (issued to participant) Relocation documents Income (rental, grazing, sale of improvements, etc.) INTEREST Schedule of interest earned on State funds advanced Note: Interest on grant advances is accountable, even if commingled in a pooled fund account and/or interest was never allocated back to the grant fund. AGREEMENT/CONTRACTS Leases, agreements, etc., pertaining to developed/acquired property Proof of insurance pertaining to developed/acquired property * Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. ** Front and back if copied. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 77 of 176 50 References Public Resources Code relating to the Per Capita program 80000. This division shall be known, and may be cited, as the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. 80001. (b) It is the intent of the people of California that all of the following shall occur in the implementation of this division: (3) To the extent practicable, a project that receives moneys pursuant to this division will include signage informing the public that the project received funds from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. (5) To the extent practicable, a project that receives moneys pursuant to this division will provide workforce education and training, contractor, and job opportunities for disadvantaged communities. (7) To the extent practicable, administering entities should measure or require measurement of greenhouse gas emissions reductions and carbon sequestrations associated with projects that receive moneys pursuant to this division. (8) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the public agencies that receive funds pursuant to this division will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low -income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth- serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 80002. (d) “Department” means the Department of Parks and Recreation. (n) “Severely disadvantaged community” means a community with a median household income less than 60 percent of the statewide average. 80008. (c) (1) Up to 5 percent of funds available pursuant to each chapter of this division shall, t o the extent permissible under the State General Obligation Bond Law (Chapter 4 (commencing ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 78 of 176 51 with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) and with the concurrence of the Director of Finance, be allocated for community acces s projects that include, but are not limited to, the following: (A) Transportation. (B) Physical activity programming. (C) Resource interpretation. (D) Multilingual translation. (E) Natural science. (F) Workforce development and career pathways. (G) Education. (H) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits. 80020. Moneys allocated pursuant to this division shall not be used to fulfill any mitigation requirements imposed by law. CHAPTER 3. Investments in Protecting, Enhancing, and Accessing California’s Local and Regional Outdoor Spaces 80060. For purposes of this chapter, “district” means any regional park district, regional park and open - space district, or regional open-space district formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code. 80061. (a) The sum of two hundred million dollars ($200,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. (b) The sum of fifteen million dollars ($15,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to cities and districts in urbanized counties providing park and recreation services within jurisdictions of 200,000 or less in population. For purposes of this subdivision, “urbanized county” means a county with a population of 500,000 or more. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under subdivision (a). (c) Unless the project has been identified as serving a severely disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share. 80062. (a)(1) The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 80061 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each city’s and district’s allocation shall be in the same ratio as the city’s or district’s population is to the ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 79 of 176 52 combined total of the state’s population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district. (2) On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions. (b)(1) The department shall allocate 40 percent of the funds available pursuant to subdivision (a) of §80061 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with §35100), and regional open-space districts formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5. (2) Each county’s allocation under paragraph (1) shall be in the same ratio that the county’s population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000). (3) In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district. (c) For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district. (d) The Legislature intends all recipients of funds pursuant to subdivision (a) of §80061 to use those funds to supplement local revenues in existence on the effective date of the act adding this division. To receive an allocation pursuant to subdivision (a) of §80061, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller. 80063. (a) The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of §80061. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 80 of 176 53 (b) To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project. Allocation Tables Following are the allocations for Per Capita GRANTEES. Allocation Transfer6 – Entities that receive an allocation under the Per Capita program may transfer all or part of that allocation to another eligible entity, provided that the following requirements are met: 1. All required documentation must be submitted no later than six months from the end of the encumbrance period. 2. The transferring agency must submit a resolution authorizing the transfer of the allocation. The resolution must name the recipient entity and the transferred amount. 3. The recipient must be eligible to receive Per Capita funds. 4. The recipient must have submitted the authorizing resolution shown on page 6. 5. The recipient must submit a resolution authorizing the receipt of funds; the resolution must state the donor and the transferred amount. Definitions Capitalized words and terms used in this guide are defined below. ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE. APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions beginning on page 9. AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents. CEQA – the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE’S proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) COMMUNITY ACCESS PROJECT – a) transportation, b) physical activity programming, c) resource interpretation, d) multilingual translation, e) natural science, f) wo rkforce development and career pathways, g) education, h) communication related to water, parks, climate, coastal protection, and other outdoor pursuits pursuant to Public Resources Code §80008(c)(1) 6 Please contact OGALS for sample transfer and recipient resolutions. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 81 of 176 54 CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins , and continuing to the end of the GRANT PERFORMANCE PERIOD. CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR. DEVELOPMENT – construction, expansion, or renovation. DPR – the California Department of Parks and Recreation. GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD. GRANTEE – an entity having a fully executed contract with DPR. GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract. IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’S employees working on the PROJECT SCOPE. OGALS – DPR’s Office of Grants and Local Services. PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin. PROJECT – the SCOPE as described in the APPLICATION PACKET to be completed with GRANT funds. PROJECT COMPLETION – when the PROJECT is complete and the facilities are open and useable by the public. PROJECT COMPLETION PACKET – The documents listed on page 36 that are required in order to request final payment following PROJECT COMPLETION. PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Procedural Guide, and the GRANT contract. SCOPE – the acquisition, recreation features and major support amenities, or COMMUNITY ACCESS PROJECT described in the APPLICATION PACKET that must be completed prior to final GRANT payment. TOTAL PROJECT COST – the combined dollar amount of all funding sources used to complete the acquisition, or recreation features and major support amenities described in the APPLICATION PACKET. ITEM NUMBER: A-4 DATE: 10/22/19 ATTACHMENT: 2 Page 82 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 Atascadero City Council Staff Report - City Attorney Discussion of Mobile Home Park Rent Stabilization Issue RECOMMENDATION: Council discuss mobile home park rent stabilization issue and provide direction to staff. DISCUSSION: This Staff Report is submitted pursuant to the direction of the City Council at its meeting on September 24, 2019. I. INTRODUCTION A. Rent Stabilization Ordinances Attached to this Staff Report are copies of examples of rent stabilization ordinances including: County of San Luis Obispo -- Attachment 1 City of Morro Bay -- Attachment 2 Rent stabilization ordinances have many provisions in common includin g a statement of the purpose and intent of the ordinance, definitions, exemptions, establishment of a rent review board, statement of the powers and duties of the board, determination of base rent and allowable increases, park owner hardship exceptions, hearing procedures for the rent board, standards of review, decisions by the board and appeals of the board decision. B. Actual Costs: Study, Adoption and Administration There are actual costs (City staff time, legal expenses, accounting expenses) which will be incurred with rent stabilization ordinances including, but not limited to, costs to study whether to adopt an ordinance, costs to draft an ordinance, and costs to administer the ordinance. Page 83 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 To provide some examples of such actual costs, the County of Ventura has a rent stabilization ordinance and has reported that its annual administration costs are approximately $125,000 not including legal fees. The City of Modesto has a rent stabilization ordinance and, according to newspaper reports, the City expected the costs for the program in the first year to be $106,000 with some of the costs diminishing for future years. C. Potential Costs: Litigation The above described actual costs do not include damages that may be incurred in the event a park owner files a legal challenge to the adoption of a rent stabilization ordinance claiming that there has been a taking of property without just compen sation. In addition, a park owner can file a legal challenge against a city claiming the rent increase approved is not sufficient. In the event these legal challenges are successful, the city is exposed to potentially uninsured liability for damages in potentially very significant amounts. While the outcome of such lawsuits would be for the courts to decide, there wou ld be, at a minimum, substantial time and expense for the City to defend against such lawsuits. D. Alternatives to Rent Stabilization Attachment 3 is a copy of a Memorandum from the County of El Dorado which has a section on Alternatives to Rent Stabilization (pages 10-11) including: Model Leases and Memorandums of Understanding (MOU), Resident Assistant Programs (Space Rent Subsidy), conversion to resident ownership, County purchase of mobile home park to stabilize rents and purchase by non -profits. II. CALIFORNIA MOBILEHOME RESIDENCY LAW Under the state Mobilehome Residency Law contained in Civil Code Section 798 to Section 799.11, the following mobile home spaces are exempt from local rent control regulations: 1. Mobile home rental spaces with a rental agreement in excess of twelve (12) months is entered into between the management and homeowner for the personal and actual residence of the homeowner (Cal. Civ. Code § 798.17) 2. Mobile home rental spaces that were constructed and initially held out for rent after January 1, 1990 (Cal. Civ. Code §§ 798.7, 798.45); and 3. Under certain circumstances, mobile home rental spaces where the space is not the principal residence of the mobile homeowner and the homeowner has not rented the mobile home to another party. (Cal. Civ. Code § 798.21). In addition to these exemptions from local rent control ordinances, the Mobilehome Residency Law contains other provisions that preempt more general local landlord-tenant regulations that may apply to mobile home park owners and tenants. Page 84 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 For example, mobile home rent control ordinances may not allow landlords to charge tenants “fees” or “pass-throughs” for certain services unless specifically authorized by statute. (Cal. Civ. Code §§ 798.31-798.38, 798.41, 798.44, 798.49, Karrin v. Ocean-Aire Mobile Home Estates (1991) 1 Cal.App.4th 1066). In addition, state law may preempt local regulations relating to notices of rent increases, security deposit requirements, and grounds for eviction. (Cal. Civ. Code §§ 798.30, 798.39, 798.56.). III. COURT DECISIONS There are a number of the court decisions relating to the subject of rent control ordinances and the potential for claims by a property owner that such ordinances could constitute a regulatory taking of their property and/or violate due process rights. A. Federal Court Decisions 1. Penn Central Transportation Co. v. City of New York (1978) 438 U.S. 104 In Penn Central, the United States Supreme Court describes when a regulatory taking may occur which requires payment of just compensation. In Penn Central, a property within the city was designated as a landmark site under the city’s landmarks preservation law. Subsequently, the property owner entered a lease under which the tenant would construct a multistory office building above the proper ty and pay the owner rent for use of the new construction. However, under the city’s preservation law, the city denied the property owner’s request to build the new office space. The owner sued the city, alleging that a taking of property occurred without just compensation. To determine if a regulatory taking has occurred, Penn Central (at p. 124) identified three factors to consider: (1) The regulation’s economic impact on the claimant, (2) The extent to which the regulation interferes with distinct investment-backed expectations, and (3) the character of the government action. 2. Adamson Companies v. City of Malibu (C.D. Cal. 1994) 854 F.Supp. 1476 In Adamson Companies, mobile home park owners challenged a local rent control ordinance enacted by the city shortly after the city’s incorporation. The ordinance contained various components, including an immediate rent rollback, limitations on rent increases, temporary rent freezes, vacancy control, park closure conversion restrictions, pass-through provisions, and procedures to adjust rents to receive a fair return. The park owners challenged the city’s ordinance as violating substantive due process and equal protection, as well as constituting a taking without just compensation. The Court found the ordinance was in violation of the property owners’ due process rights. The city eventually settled with one park owner for $400,000 and second property owner for $605,448 plus attorneys’ fees of $398,308 and costs of $30,725. Page 85 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 3. Guggenheim v. City of Goleta (9th Cir. 2010) 638 F.3d 1111 In Guggenheim, the Ninth Circuit addressed a challenge by a mobile home park owner to a rent control ordinance. The case involved a mobile home rent control ordinance enacted by Santa Barbara County in 1979, and later adopted by the City of Goleta as required by law upon incorporation in 2002. The property owners purchased the mobile home park in 1997, 18 years after the county ordinance was enacted. The park owners sued the city in 2002, claiming that the ordinance was a regulatory taking without just compensation and that the ordinance violated substantive due process and equal protection. The Court applied the Penn Central factors and held that the ordinance was not a regulatory taking. The court emphasized that the second Penn Central factor regarding investment-backed expectations was fatal to the property owners’ claim because the rent control ordinance was enacted long before the property owners purchased the mobile home park, and therefore the price the owners paid for the park reflected the burden of rent control the owners would thereafter suffer. Applying rational basis review, the court also held that the rent control ordinance did not deny the property owners substantive due process or equal protection of the laws. (Note that Mobile Residency Law discussed in Section II above cites the law that mobile home rental spaces constructed and initially held out for rent after January 1, 1990 are exempt from local rent control regulations). 4. MHC Financing v. City of San Rafael (9th Cir. 2013) 714 F.3d 1118 The MHC case is another decision by the Ninth Circuit involving mobile home rental control issues. The case involved a rent control ordinance that was enacted in 1989, and subsequently amended in 1993 and again in 1999. Between the 1993 amendment and the 1999 amendment, the mobile home park owners purchased the park at issue in the case. Following the 1999 amendment, mobile home park owners sued the city alleging that the ordinance violated the park owners’ substantive due process rights, constituted an uncompensated regulatory taking, and constituted an improper private taking. The court in MHC held that the ordinance did not constitute a regulatory taking. Similar to Guggenheim, the court emphasized that the property owners purchased the mobile home park after the mobile home rent control ordinance was in effect. As a result, with regard to the first two Penn Central factors the court explained that the property owners only experienced a slight diminution in value when the ordinance was amended in 1999, and at the time of purchasing the property the owners could not have had investment-backed expectations of collecting illegal amounts of rent in violation of the rent control ordinance. In addition, the court held that no private taking had occurred and the ordinance did not violate substantive due process because under rational basis review, the ordinance was rationally related to a conceivable public purpose. 5. Colony Cove Properties, LLC v. City of Carson (2018) 888 F. 3d 445 In the Colony case, the City of Carson adopted a rent control ordinance for mobile home parks in 1979. In 1998, the City adopted Implementation Guidelines in regard to the rent control ordinance including permitting consideration of a Gross Profits Maintenance Page 86 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 Analysis (“GPM”). On April 4, 4006, Colony purchased a mobile home park in the City for $23,050,000 and financed $18,000,000 with an accompanying debt service. In October 2006, the City amended its Guidelines to permit the Board to consider “Maintenance of Net Operating Income Analysis (“MNOI”) which did not include consideration of debt service expenses. In 2007 and again in 2008, Colony requested rent increases and the Board did not consider debt service expenses in calculating the approved rent increase. Colony filed a lawsuit against the City alleging a facial and as-applied takings and due process claims. Colony obtained a judgment against the City in the trial court in the amount of $7,464,718.41. The City filed an appeal to the Ninth Circuit. The Court in Colony discusses the issue of when a regulation constitutes a taking stating that judicial decisions considering regulatory takings claims are typically “characterized by essentially ad hoc, factual inquiries, designed to allow careful examination and weighing of all the relevant circumstances.” (Page 450). The Court also notes, as in Guggenheim and MHC, that Colony purchased the mobile home park after the City had adopted a rent control ordinance stating (page 453): “As a general matter, an investor must account for ‘the burden of rent control’ in its expectations about future increased rental income.” (Page 453). The Court reversed the trial court judgment finding the Board’s denial of the Colony requested rent increases were not the functional equivalent of a direct appropriation of the property (page 455). Thus, in cases of Guggenheim and MHC and Colony, the Ninth Circuit rejected the claims brought by the mobile home park owners. However, an important ground for the decisions in these cases was that the rent control ordinances for these cities had been enacted before the park owners had purchased the park. As stated in Guggenheim, the price paid for the park reflected the burden of rent control the owners would thereafter suffer. Likewise, in MHC, the Court notes there was a rent control ordinance in effect at the time the owners purchased the park so the owners could not have had investment-backed expectations of collecting illegal amounts of rent in violation of the rent control ordinance. In Colony, as noted, the Court confirmed that the investor must account for the “burden of rent control”. B. State Court Decisions 1. Kavanau v. Santa Monica Rent Control Board (1997) 16 Cal. 4th 761 In Kavanau, the California Supreme Court held that, in addition to the three Penn Central factors (noted above), there are ten (10) additional relevant factors that may be considered when determining whether a regulatory taking has occurred: (1) Whether the regulation interferes with interests that are sufficiently bound up with the reasonable expectations of the claimant to constitute “property” for Fifth Amendment purposes; (2) Whether the regulation affects the existing or traditional use of the property and thus interferes with the property owner’s “primary expectation;” Page 87 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 (3) The nature of the State’s interest in the regulation and whether the regulation is reasonably necessary to the effectuation of a substantial public purpose; (4) Whether the property owner’s holding is limited to the specific interest the regulation abrogates or is broader; (5) Whether the government is acquiring “resources to permit or facilitate uniquely public functions” such as government’s “entrepreneurial operations;” (6) Whether the regulation permits the property owner to profit and to obtain a reasonable return on investment; (7) Whether the regulation provides the property owner benefits or rights that mitigate whatever financial burdens the law has imposed; (8) Whether the regulation prevents the best use of the land; (9) Whether the regulation extinguishes a fundamental attribute of ownership; and (10) Whether the government is demanding the property as a condition for the granting of a permit. The Court in Kavanau (at p. 776) emphasized that this is not an exhaustive list of factors that may be relevant in evaluating a takings claim, and courts are not required to rigidly apply all factors in every case. Instead, courts should apply (or not apply) these factors as appropriate to the facts of the case. 2. Besaro Mobile Home Park v. City of Fremont (2012) 204 Cal. App. 4th 354 The court in Besaro Mobile Home Park, LLC v. City of Fremont (2012) 204 Cal. App. 4th 354 did address mobile home park issues. However, in Besaro, the park owner was not contending that owner had been denied on fair return on its investment: Page 351: “Besaro did not take the position that the increase was necessary to provide a fair return on its investment in the property, but focused on the current market rents for mobile home spaces and on the possibility that the park would close if the rents were not increased.” Page 351: “David Berretta, the managing member of Besaro, testified that an increase in rent was not needed to provide a fair return on the historical investment in the property.” Page 358: “Besaro does not claim that it has been denied a fair return on its investment.” Page 362: “We emphasize again that Besaro does not claim it has been denied a fair return.” Furthermore, the Court made a factual finding in the Besaro case that the park owner was earning a fair return on its investment, see Page 359: “Here, the Ordinance Page 88 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 has not had a confiscatory effect because Besaro is earning a fair return on its investment. Consequently, the application of the Ordinance does not violate Besaro's expectation of the right to use its property in a manner yielding a fair return.” 3. Findings There is no assurance that a Court would make the same finding as in Besaro regarding the fair return on investment if the City of Atascadero were to adopt a rent control ordinance. In addition, as noted above in the discussion regarding the California Supreme Court case of Kavanau, the analysis by the courts on whether or not there has been a taking involves the weighing of the three Penn Central factors as well as consideration of the ten additional factors set forth in Kavanau. IV. MOBILE HOME RENT STABILIZATION ORDINANCES IN CALIFORNIA A. Statewide Golden State Manufactured – Home Owners League, Inc. (GSMOL) prepared a list dated October 10, 2013 of California jurisdictions with mobile home park rent stabilization ordinances. See Attachment 4 which was provided by Bruce Stanton (attorney for GSMOL) at our request. This document lists 97 California jurisdictions consisting of 90 cities and 7 counties. Four of the cities have repealed their ordinances (Capitola, Delano, Hollister and Napa) which leaves 86 cities with ordinances out of the 482 cities in California which is about 18%. The document lists 7 counties out of 58 counties in California which is about 12%. B. Stanislaus County In 2006, the County of Stanislaus and the cities of Modesto, Ceres, Riverbank and Oakdale, formed an Ad Hoc Committee (the "Ad Hoc Committee") to look at options regarding mobile home rents. The Ad Hoc Committee was made up of elected officials from each jurisdiction. After several months of study, the County of Stanislaus decided not to adopt a rent stabilization ordinance and instead decided to work with the mobile park owners in an effort to address rent issues. C. San Luis Obispo County In San Luis Obispo County, there is the County and seven cities . The status of those cities, regarding rent stabilization ordinances and including the year of adoption, is as follows: San Luis Obispo (County) – 1988 (Adopted by Voters) Arroyo Grande – None (Repealed in 1998) Atascadero – None Grover Beach – Adopted 1987 Morro Bay –Adopted 1986 Page 89 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 Paso Robles – None Pismo Beach – Adopted 1981 San Luis Obispo (City) – Adopted 1988 D. Adoption Since 2000 As noted, approximately 86 cities have adopted a rent stabilization ordinance and most of those ordinances were adopted before 1990. The cities which have adopted a rent stabilization ordinance since 2000 include the following: Goleta -- 2002 (Adopted at time of incorporation based on the County of Santa Barbara code. See Guggenheim case discussed above). Humboldt County -- 2016 (Adopted by voters). Marina -- 2011 Modesto -- 2007 Santa Rosa -- 2004 Ukiah -- 2010 E. Repealed Rent Stabilization Ordinances The following counties and cities had adopted a rent stabilization ordinance, but later repealed the ordinance: Arroyo Grande – 1998 Capitola -- 2011 Delano -- 1994 Hollister -- 1994 Los Angeles County -- 1994 Ontario -- 1999 Napa -- 1985 Santa Cruz (City) – 2003 Westminster -- 1985 F. City of Arroyo Grande With regard to the City of Arroyo Grande, see Attachment 5 which includes three Staff Reports (without attachments). The September 23, 1997 Staff Report, describes the direction given to the City Attorney on February 25, 1997 to revise the City’s rent stabilization ordinance and the subsequent distribution to interested parties of a draft ordinance to repeal and replace the City’s rent control ordinance. Page 90 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 The Staff Report on January 13, 1998, presented six options to the Council. According to the Staff Report, over the past year, staff spent approximately 100 hours working the program at a cost of over $3000 not including the City Attorney’s times. On January 27, 1998, the Council repealed the rent stabilization ordinance. V. MOBILE HOME PARKS IN ATASCADERO PARK YEAR ADDRESS SPACES SGL DBL TPL INFO Rancho del Bordo 1974 10025 El Camino Real 128 7% 92.5% .5% Senior 55+ Park Residents with long term leases & are exempt from rent control Hill Top Manor 1960 5715 Santa Cruz #66 61 60% 40% 0% All ages Lost Oak 1986 9191 San Diego Way 55 10% 90% 0% All ages Villa Margarita 1976 10995 El Camino Real 70 10% 79% 1% Senior No complaints regarding rent Camino Del Roble Estates Unknown 1215 El Camino Road 62 22% 78% 0% Senior No complaints regarding rent Circle M Unknown 8850 El Camino Road 23 99% 1% 0% TOTALS 399 VI. STUDIES OF RENT STABILIZATION ORDINANCES Some cities have retained consultants to study the issues regarding a rent stabilization ordinance. In fact, at least one city (City of Marina) retained two consultants to prepare reports on a possible rent stabilization ordinance. Due to the length of these reports, only sections and excerpts from the Staff Report have been included, as noted below. A. Michael St. John Attachment 6 includes excerpts from the December 2008 Report by Michael St. John which contains four recommendations, none of which include a rent stabilization ordinance. The four recommendations include: (1) A process to work out a cooperative solution; (2) a renegotiated memorandum of understand and a model lease; (3) the City should abandon a proposal to re -zone mobilehome parks and (4) consideration of a rent subsidy program funded by the park owners to address the income needs of the lowest income park residents. Page 91 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 B. Kenneth Barr Attachment 7 includes excerpts from the December 31, 2008 Report by Kenneth Barr including a Summary regarding the number of mobilehome parks, average space rents, purchase prices, lack of bargaining power of residents, income levels of park residents and other information. At page 33, a section commences with a number of recommendations. One of the recommendations (page 34) is the following: “Cities should not simply copy ordinances of other jurisdictions. Often provisions from other ordinances are copied verbatim without any understanding of their meaning or implications or how they operate in practice.” VII. COSTS ASSOCIATED WITH RENT STABILIZATION ORDINANCES There are actual costs (City staff time, legal expenses & accounting expenses) which will be incurred with rent stabilization ordinances including, but not limited to, costs to study whether to adopt an ordinance, costs to draft an ordinance, and costs to administer the ordinance. The County of Ventura has a rent stabilization ordinance and has reported that its administration costs are $125,000 not including legal fees. The City of Modesto adopted a rent stabilization ordinance effective October 4, 2007. Under the terms of the ordinance, if a mobile home park owner chose to participate in a voluntary lease program, those parks are exempt under Section 4-19.05 if the park entered into a Memorandum of Understanding (MOU) with the City. Under the MOU, the park owner must provide all mobile home owners and residents the opportunity to enter into an approved long term lease. There are nine mobile home parks in Modesto. Eight of the nine parks agreed to enter into the MOU. The long term leases allow for rent increases of up to 7 percent a year and a 15% increase when someone moves. According to newspaper reports, the City expected the costs for the program in the first year to be $106,000 with some of the costs diminishing for future years. The above described costs do not include liability exposure if a park owner files a takings lawsuit in the event a city adopts a rent stabilization ordinance claiming that there has been a taking of property without just compensation. In addition, as noted, a park owner can file a legal challenge against a city claiming the rent increase approved is not sufficient as in the Colony Cove case. In the event these legal challenges are successful, the City is exposed to liability for damages in potentially very significant amounts. The costs for the administration of a rent stabilization ordinance can be partially offset by charging an annual fee to the park owner and an annual fee to the park residents which is collected by the park owner with the rent. VIII. ENFORCEMENT One of the issues to be addressed in regard to a rent stabilization ordinance is how to enforce the terms of the ordinance in the event of a violation. One option is for the City to assume the cost for enforcing the code by pursuing a code enforcement process, including court proceedings if necessary. Page 92 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 Another option is to treat the violation of the ordinance as a civil matter to be resolved by park owner and park residents. For example, the County of San Luis Obispo has this information on its website: “Who enforces the state and local rent control laws? Please be aware that neither the state Mobilehome Residency Law nor the County’s Title 25 provide a mechanism for enforcement. Neither the State nor the county have the ability to impose a fine or a citation. A violation of the rent control laws is a civil matter, and the suffering party may use civil litigation to remove the violation. This applies whether there is a home owner who does not pay the space rent or a park manager who overcharges for the mobile home space. The County encourages alternative methods to be considered before engaging in legal action. Homeowners who fee that there has been a rent overcharge (in violation of the County’s Title 25) can choose to pay the full rent amount ‘under protest,’ and continue working to resolve the matter outside of court.” IX. MORATORIUM A city does have the ability to adopt a moratorium ordinance for a period of time to study a possible rent stabilization ordinance. The moratorium would be for an initial period of 45 days and could be extended, if circumstances warrant an extension, for 10.5 months and another extension of 12 months. If the City were to adopt such an ordinance, there is a risk of a takings claim by a park owner. The general rule for whether a temporary moratorium is a “taking” depends on whether moratorium denies the property owner all viable economic use of the property, which is evaluated on a case-by-case basis. (See Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) 535 U.S. 302.) For rent control regulations, the analysis depends upon whether the action denies the property owner a just and reasonable return. (Kavanau v. Santa Monica Rent Control Bd. (1977) 16 Cal.4th 761, 771.) Although the phrase “just and reasonable return” has never been specifically defined, courts consider relevant investor interests against the consumer interest to be protected. Relevant investor interests include whether the return is commensurate with returns on comparable investments, sufficient enough to attract capital, encourages good management and financial integrity, and fairly compensates investors for risks assumed. For example, if a property owner has a historic practice of increasing rents by 5%, and the moratorium eliminates this, then the property owner may argue that the moratorium is denying them the reasonably expected, just, and reasonable return that they had anticipated. Of course, a successful challenge will depend on the underlying facts for each challenging property owner. The risk of a takings claim might be mitigated by including some exceptions for permissible rent increases during the moratorium. Other cities (Oakland, Santa Rosa) have included certain provisions that allow for controlled rent increases (tied to Consumer Price Index and other factors) to mitigate any arguments that the moratorium denies the property owner a just and reasonable rate of return during the period which the moratorium is effective. Page 93 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 X. COUNTY OF EL DORADO MEMORANDUM Bruce Stanton provided a copy of the County of El Dorado’s Community Development Services Planning and Build Department Long Range Planning (Attachment 3) Memorandum submitted to the Board of Supervisors dated March 14, 2018 on the subject of Mobile Home Park Space Rent Stabilization. The El Dorado Memorandum addresses a number of issues relating to rent stabilization including the following. A. County Resources At page 7, the El Dorado Memorandum notes: “The preparation necessary for the Board to consider adoption of a countywide mobile home park rent stabilization ordinance would require a significant commitment of County resources to conduct surveys, analyze data, and conduct public and stakeholder meetings.” B. Arguments For Rent Stabilization (Memorandum at page 9) 1. Mobile home park rent stabilization provides relief to mobile home park tenants from excessive rent increases. 2. A shortage of mobile home spaces exists in the area causing artificial increase in rent space. 3. Mobile homes are costly and difficult to move. 4. Excessively high space rent drives down the prices of mobile homes should an owner elect to sell a mobile home. 5. High rental rates will more negatively impact seniors and other persons on fixed incomes. C. Arguments Against Rent Stabilization (Memorandum at page 9) 1. Mobile home park rent rates should be left to adjust themselves by operation of market forces without government intervention. 2. Rent control imposes a severe and continuing burden on the landowner. 3. Rent stabilization ordinances are technical and complicated, are costly to prepare, and implementation requires considerable staff time and public hearing time. 4. Rent stabilization ordinances require administrative oversight thus requiring additional staff which must be managed, supervised and funded by a public entity. 5. Rent stabilization ordinances have been the subject of a great deal of litigation and public entity may incur substantial legal expenses and costs to defend a lawsuit. Page 94 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 D. Alternatives to Rent Stabilization (Memorandum at page 9) The El Dorado Memorandum has a section on Alternatives to Rent Stabilization (pages 10-11) which include: Model Leases and Memorandums of Understanding (MOU), Resident Assistant Programs (Space Rent Subsidy), conversion to resident ownership, County purchase of mobile home park to stabilize rents and purchase by non-profits. E. Stanislaus County The El Dorado Memorandum (page 10) references the 2008 Marina Mobile Home Report by Michael St. John and the case study of Stanislaus County which formed an Ad Hoc Committee to negotiate with a park ownership ground and those negotiations ultimately failed. F. Conclusion of El Dorado Memorandum The El Dorado Memorandum concludes (page 10) that “in the absence of local data, there is no compelling argument for or against a countywide RSO.” In addition, the Memorandum lists 15 questions that should be answered if the County should provide direction to staff to move forward with a study for a countywide RSO. At page 11, the El Dorado Memorandum concludes with this paragraph: “Developing a countywide RSO will require an extensive amount of research and analysis and stakeholder engagement. The experience of other jurisdictions that have considered adopting a rent control ordinance, whether successfully or not, demonstrates that it is a long complicated process because housing insecurity stirs deep emotions, but at the same time, a ll stakeholders have legitimate and understandable concerns and arguments for and against this type of ordinance.” FISCAL IMPACT: None at this time. ATTACHMENTS: 1. County of San Luis Obispo Ordinance 2. City of Morro Bay Ordinance 3. El Dorado County Memorandum 4 GSMLO October 2013 list of CA Jurisdictions with Rent Control 5. City of Arroyo Grande – Staff Reports 6. Excerpts from Michael St. John Report for City of Marina 7. Excerpts from Kenneth Barr Report for City of Marina Page 95 of 176 1 COUNTY OF SAN LUIS OBISPO Title 25 - MOBILEHOME RENT STABILIZATION o Chapter 25.01 - PURPOSE AND INTENT  25.01.010 - Purpose and intent. (a) There is presently within the County of San Luis Obispo a shortage of spaces for the location of existing mobilehomes. Because of this shortage, there is a very low vacancy rate and rents have been for several years, and are presently, rising rapidly and c ausing concern among a substantial number of San Luis Obispo County residents. (b) Mobilehome tenants, forced by the lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a further reduction in their standard of livi ng. (c) Because of the high cost and impracticability of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, including permits, building requirements, landscaping and site prepar ation, the lack of alternative homesites for mobilehome residents and the substantial investment of mobilehome owners in such homes, it is necessary to protect the owners and occupiers of mobilehomes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in the costs of repair, insurance, maintenance, utilities, employee services, additional amenities, and other costs of operation, and to receive a fair return on their property. (d) It has been found that the present low vacancy rate and frequent rent increases are particularly hard upon and unfair to residents of mobilehome parks within the county. Large numbers of these residents are senior citizens and others on fixed incomes who installed their mobilehomes in the county when inflationary rent increases could not reasonably have been foreseen. (e) However, it is recognized that a rent stabilization ordinance must be fair and equitable for all parties and must provide appropriate incentives to mobilehome park operators to continue their parks' profitably, as well as to attract additional investors for new parks. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 96 of 176 2 o Chapter 25.02 - DEFINITIONS  25.02.010 - Definitions. For the purpose of this title certain words and phrases used herein are defined as follows: "Capital improvements" means those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful life of the improvement in accordance with the Inte rnal Revenue Code and regulations issued pursuant thereto, provided that this definition shall be limited to capital improvements either approved by more than fifty percent of the tenants in the affected park or constructed to comply with the direction of a public agency. Just and Reasonable Return on the Property. The phrase "just and reasonable return on the property" shall mean a return based upon the actual capital investment of the owner of the mobilehome park as of December 31, 1982, which will allow an efficient owner a rate of return, with adjustments for inflation or deflation, sufficient to enable the owner to maintain the same net profit as obtained in the year January 1, 1982 to December 31, 1982. The phrase "just and reasonable return on the pr operty" for any mobilehome park completed after December 31, 1982, shall mean a return based upon the actual capital investment of the owner of the mobilehome park as of the date of completion, which will allow an efficient owner a rate of return, with adjustments for inflation or deflation, sufficient to enable the owner to maintain a reasonable profit. The phrase "just and reasonable return on the property" for any mobilehome park purchased after December 31, 1982, shall mean a return based upon the actual capital investment of the owner of the mobilehome park at the time of purchase which will allow an efficient owner a rate of return, with adjustments for inflation or deflation sufficient to enable the owner to maintain the same net profit as obtained in the first full fiscal year after the purchase. "Mobilehome park" means an area of land which rents spaces for mobilehome dwelling units. "Mobilehome park owner" or "owner" means the owner, lessor, operator or manager of a mobilehome park. "Mobilehome park rent review board" or "board" means the mobilehome park rent review board established by this chapter. "Mobilehome tenant" or "tenant" means any person entitled to occupy a mobilehome within a mobilehome park pursuant to ownership of the mobilehome or under a rental or lease agreement with the owner of the mobilehome. "Rehabilitation work" means any renovation or repair work completed or in a mobilehome park performed in order to comply with the direction or order of a public agency or to repair damage resulting from fire, earthquake or other casualty. ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 97 of 176 3 "Space rent" means the consideration, including any security deposits, bonuses, benefits or gratuities, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for housing services provided, but exclusive of any amount paid for the use of a mobilehome dwelling unit. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.03 - EXEMPTIONS  25.03.010 - Exemptions. The provisions of this chapter shall not apply to the following tenancies in mobilehome parks: (1) Mobilehome park spaces rented for nonresidential uses; (2) Mobilehome parks managed or operated by the United States Government, the State of California or the County of San Luis Obispo; (4) Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an occupancy of more than twenty days; (5) Tenancies for which any federal or state law or regulation specifically prohibits rent regulation; (5) Tenancies covered by leases or contracts which provide for more than a month -to-month tenancy, but only for the duration of such lease or contract. Upon expiration of or other termination of any such lease or contract, this title shall immediately be applicable to the tenancy; (6) Mobilehome parks which sell lots for factory-built or manufactured housing, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 98 of 176 4  Chapter 25.04 - MOBILEHOME RENT REVIEW BOARD  25.04.010 - Mobilehome rent review board. (a) There is established a mobilehome rent review board consisting of three members who are elected county officials other than members of the board of supervisors. (b) There shall be three regular members and two alternate members to serve in the abs ence or disqualification of regular members. (c) The regular members shall be (1) the county assessor, (2) the county auditor and (3) the county clerk-recorder. The first alternate shall be county treasurer -tax collector-public administrator and the second alternate shall be the county sheriff -coroner. (d) The board members and the alternates shall be persons who are not connected with the mobilehome rental housing industry for their personal gain. None of the members or alternates shall be tenants of a mobilehome park or have any financial interest (as defined by state law) in any mobilehome park. The members and alternates shall file a declaration to this effect in the office of the county clerk. (e) Board members and alternates shall not be compensated for their services as such, but may receive rei mbursements as provided by the board of supervisors for traveling and other expenses incurred while on official duty. (f) Terms of board members and alternates shall be the same as their term of office for their elected position. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.05 - POWERS AND DUTIES OF THE BOARD  25.05.010 - Powers and duties of the board. Within the limitations provided by law, the board shall have the following powers and duties: (1) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 99 of 176 5 To meet from time to time as required by the board of supervisors and to utilize the county offices, facilities and personnel as needed; (2) To receive, investigate, hold hearings on, and pass upon the issues relating to mobilehome park rent stabilizatio n as set forth in this chapter, or to any decreases in, or charges for, services or facilities; (3) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties; (4) To increase or decrease maximum rents upon completion of its hearings and investigations; (5) To render after every rent review hearing a written report to the board of supervisors concerning its activities, holdings, actions, results of hearing, and all other matters pertinent to this chapter which may be of interest to the board of supervisors; (6) To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purposes and policies of this chapter. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.06 - DETERMINATION OF BASE RENT AND ALLOWABLE INCREASES  25.06.010 - Determination of base rent and allowable increases. (a) (1) Base Rent. The base rent for purposes of this chapter shall be the monthly space rent as of December 31, 1982. Any reduction in services or amenities after December 31, 1982, shall result in a corresponding decrease in rents. (2) Lease Expiration. Upon t he expiration of any lease, the new space rent shall be the rent in effect at the expiration of such lease. (b) Except as otherwise provided in this chapter, the maximum monthly space rent may be increased no more than once a year by an increase over the then existing space rent equal to sixty percent of the cost of living increase (All Urban Consumers, Los Angeles, Long Beach, ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 100 of 176 6 Anaheim area as furnished by the Division of Labor Statistics and Research, State of California, Department of Industrial Relatio ns) for the preceding twelve-month period. (c) Calculation of the one-year limitation on rental increases as provided herein shall be from the date the last increase became effective at the park. (d) No owner shall either (1) demand, accept or retain a rent from a tenant in excess of the maximum rent permitted by this chapter or (2) effect a prohibited rent increase by a reduction of general park facilities or services. (Ord. 2342 § 4 (Exh. A) (part), 1988)  25.06.011 - Continued control of rents on change of ownership. The maximum space rent may be increased by the park owner when there is a change of ownership of a mobilehome unit. However, such increase may not exceed ten percent of the previous space rent. Space rent increases are not restricted by this title for mobi lehome spaces which become vacant due to a change of ownership and the relocation of a mobilehome unit outside of the mobilehome park. Nothing in this section shall preclude any adjustments as may be otherwise provided for in this title. (Measure F § 1, pa ssed by voters 11-8-94)  Chapter 25.07 - HARDSHIP EXCEPTION—APPLICATION  25.07.010 - Hardship exception—Application. (a) An owner who has been required to make extraordinary expenditures, or has incurred costs of such amounts that he will be unable to make a just and reasonable return on his property given the maximum increase permitted by the section above, may file with th e board an application for a rent increase for one or more spaces or application to reduce, or charge for, certain services or facilities, in either event referred to hereinafter as "application" or "application for rent increase." (b) An application for rent increase pursuant to this section shall be accompanied by the payment of a fee of three hundred dollars. The application shall specify, as applicable, the address of the mobilehome park, the space number or numbers for which rent is requested to be increased, the amount of the requested rent increase or service or facilities reduction or charges, the proposed effective date of such increase, reduction or charge and the facts supporting the application. The applicant shall produce at the request of the board any records, receipts, reports or other documents that the board may deem necessary for the board to make a determination whether to approve the application. ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 101 of 176 7 (c) The owner shall serve each affected tenant, either personally, or b y mail, with notice of the rent increase or decrease or change in services or facilities requested and with notice that application or approval of same is being filed with the board. Proof of service complying with the title and all applicable state laws s hall be filed with the board concurrent with the filing of the application. Copies of the application shall be available free of charge to any affected tenants requesting same at the business office in the affected park. (d) The board shall set a hearing on the application complying with the requirements of the section no less than ten days and no more than thirty days after receipt of the application and proof of service. The board shall notify the owner and tenants, in writing, of the time, place and da te set for the hearing. No hearing or any part thereof may be continued beyond thirty days after the initial hearing date without the owner's consent. If the board approves an application as requested or as modified, the same shall take effect as noticed b y the owner or as the board may otherwise direct. (Ord. 2342 § 4 (Exh. A) (part), 1988) o Chapter 25.08 - CONDUCT OF THE HEARING  25.08.010 - Conduct of the hearing. (a) All review hearings held by the board shall be conducted in accordance with the Ralph M. Brown Act, at Section 54950 et seq. of the California Government Code. (b) All interested parties to a hearing may have assistance from an attorney or such other person as may be designated by the parties in presenting evidence or in setting forth by argument their positions. All witnesses shall be sworn in and all testimony shall be under penalty of perjury. (c) In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place, the board may hear and review such evi dence as may be presented, and make such decisions as if all parties had been present. (d) Applicant and affected tenants may offer any relevant evidence and the formal rules of evidence shall not apply. (e) The board shall maintain a record of all proceedings by electronic recording or by use of a court reporter. Either the applicant or tenants will have the right to procure the services of a court reporter at their own expense to record and transcribe the pr oceedings. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 102 of 176 8  Chapter 25.09 - STANDARDS OF REVIEW  25.09.010 - Standards of review. In evaluating the application the board may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to a n increase or decrease in utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance, master land and/or facilities lease rent provided such lease to a bona fide third party existe d prior to January 1, 1983, and other considerations, including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income and the level of rent necessary to permit a just and reasonable return on the owner's property. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.10 - DECISION OF THE BOARD  25.10.010 - Decision of the board. (a) The board shall make a final decision no later than twenty days after the conclusion of its hearing. The board's decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be based on findings. All parties to the hearing shall be advised by mail of the board's decision and findings. (b) Pursuant to its findings, the board may (1) permit the requested rent increase to become effective, in whole or in part, or (2) deny the requested rent increase, or (3) permit or deny, in whole or in part, requested reductions of or charges for, facilities or services. (c) Any decision of the board shall be final unless, within fifteen days after mailing of the decision and findings the owner or any affected tenant appeals the decision to the board of supervisors. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 103 of 176 9  Chapter 25.11 - APPEALS  25.11.010 - Appeals. (a) Any appeal from a decision of the board shall be filed with the county clerk. The date for consideration of the appeal shall be set by the county clerk no less than ten days nor more than thirty days after the expiration date for filing of an appeal. Notic e of the date, time and place shall be given by the county clerk to the owner and all affected tenants. (b) At the time set for consideration of the appeal, the board of supervisors shall review and consider the record of board hearing and the decision a nd findings of the board. After review and consideration, the board of supervisors may either: (1) determine that a further hearing shall be held, to be conducted before the board of supervisors at the second regular meeting of the board of supervisors fol lowing the determination that such further hearing is necessary; or (2) ratify and adopt the decision and findings of the board. If a further hearing is conducted, the board of supervisors may, upon conclusion of the hearing, and in no event more than thir ty days thereafter, modify, reverse or uphold the decision of the board, and shall make the findings in support thereof. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.12 - TENANT'S RIGHT OF REFUSAL  25.12.010 - Tenant's right of refusal. A tenant may refuse to pay any increase in rent not made in conformity with this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect the rent increase. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 104 of 176 10  Chapter 25.13 - RETALIATORY EVICTION o 25.13.010 - Retaliatory eviction. Notwithstanding Section 25.12.010, in any action brought to recover possession of a mobilehome space, the court may consider as grounds for denial any violation of any provisions of this title. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this title shall be grounds for denial. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.14 - OWNER TO PROVIDE COPY OF THIS TITLE  25.14.010 - Owner to provide copy of this title. Any tenant offered a lease or contract which is accepted would come under the provisions of this act and shall be provided with a copy of this title by the mobilepark owner. (Ord. 2342 § 4 (Exh. A) (part), 1988)  Chapter 25.15 - SEVERABILITY  25.15.010 - Severability. If any provision of any clause of this title or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect oth er provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this title are declared to be severable. (Ord. 2342 § 4 (Exh. A) (part), 1988) ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 1 Page 105 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 106 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 107 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 108 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 109 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 110 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 111 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 112 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 113 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 114 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 115 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 116 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 117 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 118 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 2 Page 119 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 120 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 121 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 122 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 123 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 124 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 125 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 126 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 127 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 128 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 129 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 130 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 3 Page 131 of 176 ITEM NUMBER: C-1DATE: 10/22/19ATTACHMENT: 4Page 132 of 176 ITEM NUMBER: C-1DATE: 10/22/19ATTACHMENT: 4Page 133 of 176 ITEM NUMBER: C-1DATE: 10/22/19ATTACHMENT: 4Page 134 of 176 ITEM NUMBER: C-1DATE: 10/22/19ATTACHMENT: 4Page 135 of 176 ITEM NUMBER: C-1DATE: 10/22/19ATTACHMENT: 4Page 136 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 137 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 138 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 139 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 140 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 141 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 142 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 143 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 144 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 145 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 5 Page 146 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 6 Page 147 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 6 Page 148 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 6 Page 149 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 6 Page 150 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 151 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 152 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 153 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 154 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 155 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 156 of 176 ITEM NUMBER: C-1 DATE: 10/22/19 ATTACHMENT: 7 Page 157 of 176 ITEM NUMBER: C-2 DATE: 10/22/19 Atascadero City Council Staff Report – Community Development Department Sphere of Influence MOA Update RECOMMENDATION: Council adopt Draft Resolution approving a Memorandum of Agreement between the City of Atascadero and the County of San Luis Obispo regarding the City’s Sphere of Influence and other study areas adjacent to the City Limits. DISCUSSION: Background The City has been working with the San Luis Obispo Local Agency Formation Commission (LAFCO) and the County of San Luis Obispo in reviewing the City’s Sphere of Influence boundary and Memorandum of Agreement (MOA) between the City and the County. The Sphere of Influence (SOI) is simply a boundary established outside of the City limit line that illustrates where the City might grow and where City services may be extended to. LAFCO is required to update a jurisdiction’s SOI every five years, or as needed. The previous review and update of the SOI for Atascadero occurred in 2011. State regulations also encourage the City and County to reach an agreement regarding SOI boundaries and speak to policies in guiding development that that may impact each of the jurisdictions. These policies are typically ratified in an MOA that is approved by both the City and County. This process engages both the City and the County in discussions regarding the appropriate treatment of properties at the City’s boundaries, along with the future provisions surrounding annexations. The establishment of a sphere of influence has many components and criteria that should be considered before forming a boundary. Each jurisdiction is different and has varying goals and abilities to serve an area. The update process serves as a good starting point to identify issues and discuss solutions. The process allows LAFCO to act as a facilitator delving into the topics and using the information to guide the sphere of influence boundary decision. A t the end of the day, the purpose is to implement LAFCO’s stated legislative intent while also helping jurisdictions achieve their goals. On April 23, the City Council heard testimony from City and LAFCO staff and provided direction towards the sphere update. It was determined that efforts should be focused on ensuring that the City and County can mutually mitigate development and land use Page 158 of 176 ITEM NUMBER: C-2 DATE: 10/22/19 projects that occur in close proximity to the City. Several study areas were evaluated including the area south of the City limits between Highway 101 and EL Camino Real, areas east of the Salinas River and the Eagle Ranch area. These areas are known as study areas 1-4. For each of the study areas City and LAFCO staff have evaluated the potential for inclusion within the sphere of influence. Sphere of Influence Boundary Adjustments Each of the potential study areas were analyzed for their potential for near term annexation. The area south of the City Limits between Santa Barbara Road and the area known as Garden Farms was not found suitable for annexation because it is already substantially developed with single family residential homesites and there are no provisions or financial ability to extend City services further into this area while retaining fiscal sustainability. The area east of the City limits is constrained by access as t here is only one route over the Salinas River. The area East of the river is primarily agriculture and rural residential and does not have the service or transportation connections to further the ability of the City to extend services. Areas to the west of the City are heavily constrained by significant slope and do not have the ability to link to City sewer services or adequate road access. Therefore, it is being recommended to retain our existing Sphere Boundary at this time. The Eagle Ranch area is not intended to annex in the near future, however, it is recommended that this area stay within the sphere of influence due to the fact that it contains 452 colony lots with service to Atascadero Mutual Water company. It’s potential that development will create significant service impacts to the City whether or not it is annexed to the City is significant. Therefore, keeping this area within the sphere is logical at this time. Eagle Ranch and the other study areas are most appropriately addressed through and MOA with the County instead of through the adjustment of our sphere boundary. The MOA can address items such as mitigation, tax agreements and expectations for development within the areas adjacent to each jurisdiction’s boundary. The following discussion outlines the MOA update process and highlights the proposed amendments to the existing MOA between the City and the County. MOA Update City and County staff recently met to provide amendments to the Memorandum of Agreement that was originally drafted in 2011 for consideration by the City Council and the County Board of Supervisors. This document will continue to provide for cooperative planning of areas outside the City’s jurisdiction that are either within the City’s sphere of influence or within specific areas of interest near the City limits (study areas). LAFCO staff facilitates the development of a Memorandum of Agreement between the County and the City. The MOA can help create a mutual understanding regarding the development of unincorporated areas that surround the City. In fact, the MOA has a greater weight on the treatment of development outside the City’s boundary than an SOI boundary line. Through the MOA process, specific study areas and areas of interest are considered by the City and County to determine whether or not they are in the SOI . Areas of interest may also serve as planning referral boundaries between the County and City for discretionary land use entitlements. When the County receives an application for a discretionary review (use permit), the County forwards their review of the application to Page 159 of 176 ITEM NUMBER: C-2 DATE: 10/22/19 the City for comments if it is within the City’s area of interest. In another example, the current MOA between the City and the County discusses development in the Eagle Ranch area and encourages annexation of the area instead of development under County jurisdiction. Areas of interest can be reviewed and updated periodically when a SOI/MSR (Municipal Service Review) Update is prepared. Areas of interest can be separate from study areas, greenbelts, and spheres of influence. Some cities have studied and identified areas of interest as part of their General Plan update process. Areas of interest or study areas need not be within a City’s SOI boundary. The focus of the MOA amendments (Attachment 2) highlights the following areas:  Fair distribution of mitigation/impact fees for projects; A new section has been added to the MOA that addresses interagency cooperation. It asks that the City and County consider the creation and implementation of financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County when a project moves forward at the boundary of the City and the County. This section also emphasizes adequate project referral for projects that occur outside of the boundary of each jurisdiction. Additionally, the impact mitigation section of the MOA has been amended to specify that fees must be paid to the jurisdiction in which impacts are created due to development or new vehicle trips.  Special attention related to fire and law enforcement services ; A new section for Fire and Law enforcement has been drafted to help outline the provision of services that can address the impacts of development outside the boundary of the City or at the fringes.  Focus areas related to the Study Areas in the service review surrounding the City; A new section that describes each of the focus areas outside of the City has been added to help describe where interagency cooperation should be focused when development or land use changes are proposed.  Property tax agreement and process; This important new section clarifies that the City and County may consider a separate new tax allocation formula for new annexation areas to appropriately address the compensation for new service areas such as the Eagle Ranch area.  Future development of Study Area 4 (formerly the Eagle Ranch project) to meet certain provisions; Similar to the tax allocation discussion above, this new section clearly describes the factors that should be taken into account prior to development within the Eagle Ranch area.  Preservation of agricultural land and open space. This section clarifies one of LAFCO’s primary goals which is the preservation of Agriculture and Open space and says that the City and County shall work together to ensure the preservation of these resources within any sphere of influence area. Page 160 of 176 ITEM NUMBER: C-2 DATE: 10/22/19 Sphere of Influence update LAFCO defines a sphere of influence as, “a plan for the probable physical boundaries and service area of a local agency, as determined by the Commission .” Typically, a sphere of influence is the territory a city or district is expected to annex and supply services to in the future. Thus, spheres of influence are usually larger in area than the actual boundaries of a city or district, although they can be the same as the city or district boundaries. It is very important to understand that: Spheres of Influence do not give a jurisdiction any more legal authority or regulatory control in a particular area and should not be used as a protective or defensive boundary. However, annexation of land into the City may be made only if the property to be annexed is already within the sphere of influence of the annexing agency. It is possible, however, to request an adjustment the City’s sphere at any time, even if it is outside of the sphere of influence update study period. LAFCO, the City of Atascadero, and the County of San Luis Obispo have worked together in evaluating potential changes to the City’s sphere of influence. At this time, there are no recommended changes to the City’s sphere of influence boundary. This is because there are no planned annexations, and the City is not in the position to expand the jurisdiction in which we provide services. The City’s natural boundaries, including the varied topography of the west side, the Salinas River on the east side, and limited road access north and south, already form a natural growth boundary. The Eagle Ranch area is currently the only significant property that is outside of the City Limits and within the sphere of influence boundary. This sphere of influence boundary surrounding Eagle Ranch is proposed to remain unchanged as there are 452 legal lots that were part of the original Atascadero Colony that have rights to water service from the Atascadero Mutual Water Company. Eagle Ranch relies on access through the City and would likely need to rely on City services if it were to be developed. Therefore, potential development of this area could significantly impact City resources and a specific plan and cost sharing agreement with the County is crucial in ensuring fiscal sustainability and the adequate provision of services. FISCAL IMPACT: As there are no changes proposed to the sphere of influence , there are no anticipated fiscal impacts associated with maintaining the status quo. However, the decision to approve the new MOA does have the potential to create a positive fiscal benefit to the City as it addresses the opportunity to adjust the tax proportion for the future annexation of the Eagle Ranch SOI area and it addresses the opportunity to require mitigation for projects that may impact City resources. The MOA sets up the framework for each jurisdiction to work together to provide services and accomplish cost recovery. ATTACHMENTS: 1. Draft Resolution adopting revisions to the City/County MOA 2. Redlined copy of City/County MOA Page 161 of 176 ITEM NUMBER: C-2 DATE: ATTACHMENT: 10/22/19 1 DRAFT RESOLUTION A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS OF ITS SPHERE OF INFLUENCE AND SERVICE UPDATE WHEREAS, the San Luis Obispo Local Agency Formation Commission will complete its determination of the updated Sphere of Influence pursuant to Government Code Section 56425 as part of its periodic review of Sphere of Influence for every City and Special District in the County of San Luis Obispo; and WHEREAS, the Atascadero General Plan includes Land Use Policy 1.2 and Programs LOC 1.2.8, 9, 10, and 11 that direct the City to cooperate with LAFCO and the County of San Luis Obispo on the eventual annexation of previously subdivided land within the Atascadero Colony map that is included in the City’s Urban Reserve Line as shown on Figure II-5 of the General Plan; and WHEREAS, the Eagle Ranch area was added to the City of Atascadero’s Sphere of Influence in 2003 and is currently recognized by LAFCO and San Luis Obispo County as an area to be annexed into the City of Atascadero; and WHEREAS, the proposed sphere of influence has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR; and WHEREAS, the proposed Memorandum Of Agreement has been evaluated by the City of Atascadero and the County of San Luis Obispo and adequately addresses the potential impacts of future development that is adjacent to but outside of each jurisdiction’s boundary. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. The City Council of the City of Atascadero hereby adopts and approved this Resolution of Application, and the San Luis Obispo Local Agency Formation Commission is hereby requested to initiate proceedings for the Sphere of Influence Update as authorized and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 consistent with the City’s Urban Reserve Line and as shown in Exhibit A. Page 162 of 176 ITEM NUMBER: C-2 DATE: ATTACHMENT: 10/22/19 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day of October, 2019. On motion by Council Member ________________, and seconded by Council Member ________________ the foregoing resolution is hereby adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ______________________________ Heather Moreno, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney Page 163 of 176 Memorandum of Agreement 1 City of Atascadero- County of San Luis Obispo DRAFT MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY’S SPHERE OF INFLUENCE This Agreement is entered into on this day of , 201120198, by and between the City of Atascadero (hereafter “City”) and the County San Luis Obispo County (hereafter “County”). WITNESSETH WHEREAS, the Cortese/Knox/Hertzberg Act (“the Act”) requires the Local Agency Formation Commission (LAFCO) to update the Spheres of Influence for all applicable jurisdictions in the County every five years, as needed; and WHEREAS, the City and County entered into this a Memorandum of Agreement (MOA) in 2003, and 2011 as part of updating the City’s Sphere of Influence (SOI) Update; and WHEREAS, the City and County have been working together to implement the existing MOA with regard to the SOI and specifically the proposed Eagle Ranch project; and WHEREAS, thisan updated MOA assists in clarifying the roles, responsibilities, and intentions of each the jurisdictions and identifies the processes for working together in the future; and WHEREAS, a Sphere of Influence is defined by Government Code 56076 as a plan for the probable physical boundaries and service area of a local agency, and pursuant to Government Code 56425 has been identified and agreed to by the County of San Luis Obispo and the City of Atascadero as shown contained in Exhibit A; and WHEREAS, the Act further requires that a Municipal Service Review be conducted prior to or, in conjunction with, the update of a Sphere of Influence and such a Municipal Service Review has been prepared by LAFCO staff in accordance with Section 56430 of the California Government Code as a means of identifying and evaluating public services provided by the City of Atascadero and changes to the City’s Sphere of Influence; and WHEREAS, the City and County have reached agreement regarding the Sphere of ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 164 of 176 Memorandum of Agreement 2 City of Atascadero- County of San Luis Obispo Influence boundaries (Exhibit A), and the provisions that should guide development (Exhibit B) to ensure that development within the SOI occurs in an orderly and logical manner; and WHEREAS, the City’s General Plan provides a clear policy base for growth and development in the Sphere of Influence areas and defines programs that the City will implement to ensure the orderly development of preservation of the agricultural land, open space and the rural character of the City of Atascadero; and WHEREAS, the County’s General Plan goals in Framework for Planning and the Salinas River and El Pomar-Estrella Area Plans call for Community Separators to provide for a community’s distinctive identity and preserve the rural character of the areas between and on the fringes of communities and cities; and WHEREAS, the Study Area # 4 (Eagle Ranch Area) includes approximately 452 original colony lots that much of the Eagle Ranch Area could be developed in the County if issues associated with access, fire hazards, wastewater and other infrastructure are resolved and appropriate mitigation is incorporated for the Citythe Eagle Ranch Area includes approximately 452 original colony lots, which have been certified as legal by the County, and the Atascadero Mutual Water Company is able to provide water service to these lots, therefore much of the Eagle Ranch Area could be developed in the County using the existing lot configuration ; and WHEREAS, LAFCO is required by Government Code 56425 (b) to give “great weight” to this agreement in making its final determination regarding the City’s Sphere of Influence. NOW, THEREFORE, the parties agree as follows: 1. The Sphere of Influence boundary contained in Exhibit A provides for the orderly and logical growth for the City of Atascadero and represents an appropriate 20-year growth boundary based on existing information and current circumstances. 2. The provisions contained in Exhibit B provide guidance for orderly development of the completing updates to the General Plans of both the City and the County for the area within the Sphere of Influence while considering the General Plan for the City and the County. 3. The provisions contained in Exhibit B are intended to provide the City and the County ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 165 of 176 Memorandum of Agreement 3 City of Atascadero- County of San Luis Obispo with the basis for developing specific land use policies and standards for the areas in the City of Atascadero’s Sphere of Influence and do not supersede or limit the planning or environmental review process of either jurisdiction or legally bind either jurisdiction. 4. The City and County shall use their its General Plans policies to guide the logical and orderly development of these Sphere Areas while protecting agricultural and open space lands. CITY OF ATASCADERO _____________________________ Mayor, City of Atascadero APPROVED AS TO FORM AND LEGAL EFFECT: ____________________________ City Attorney Dated:_______________________ ATTEST: ____________________________ City Clerk Dated:_______________________ ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 166 of 176 Memorandum of Agreement 4 City of Atascadero- County of San Luis Obispo COUNTY OF SAN LUIS OBISPO ______________________________ Chair, Board of Supervisors County of San Luis Obispo ATTEST: WADE HORTON Ex-Officio Clerk of the Board of Supervisors By: ______________________________________ Deputy Clerk ____________________________ County Clerk APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: ____________________________ Deputy County Counsel Dated: _________________________ ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 167 of 176 Memorandum of Agreement 5 City of Atascadero- County of San Luis Obispo ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 168 of 176 Memorandum of Agreement 6 City of Atascadero- County of San Luis Obispo EXHIBIT A SPHERE OF INFLUENCE BOUNDARY MAP (To be Updated) SOI ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 169 of 176 Memorandum of Agreement 7 City of Atascadero- County of San Luis Obispo EXHIBIT B PROVISIONS (Draft Update) The following provisions are agreed to and shall be considered by the City of Atascadero and the County of San Luis Obispo when guiding development within the proposed Sphere of Influence as described in Exhibit A and updating when updating their General Plans. 1. Intent. It is the intent of the County and the City to work cooperatively towards the goal of the orderly developmenting of the agreed upon Sphere of Influence (as shown in Exhibit A) in an orderly and logical manner consistent with the Cortese/Knox/Hertzberg Act, the City and County General Plans, the California Environmental Quality Act and any other applicable laws and regulations. 2. Interagency Cooperation. The City and the County shall work cooperatively to plan for future land uses and public services and facilities to improve and maintain area circulation connections, and to preserve agricultural land and open space. The City and County will consider the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County. Discretionary development projects and General Plan Amendments within each agency’s jurisdiction shall be referred to the other for review and comment prior to action on a development proposal. The County shall seek the City’s comment regarding projects in the referral area identified in Exhibit C. Per provision 12 below a higher level of coordination should take place for projects in the areas of focus described in that section. The City shall seek the County’s comment regarding projects that affect unincorporated areas surrounding the fringe area of the city. Face to face meetings, upon request from either the City or the County, are encouraged for any high-level projects to ensure the goals of each agency are being met. When a discretionary project application is accepted for processing, it shall be referred immediately to the following contact person(s) for early review and comment: Deputy Director, Community Development Director Department of Planning and Building Community Development County of San Luis Obispo City of Atascadero County Government Center 6500 Palma Ave 976 Osos Street, Room 300 Atascadero, CA 93422 San Luis Obispo, CA 93408 ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 170 of 176 Memorandum of Agreement 8 City of Atascadero- County of San Luis Obispo This provision shall not supersede other methods of commenting or providing feedback regarding a proposal or project. 1.3. Impact Mitigation. In evaluating any proposed development, the agency considering approval (City or County) should rely solely on its own capability to provide the required services to that development. The City and the County shall not presume any services will be provided by the other agency without documenting that such services will be provided. Development/mitigation fees needed to offset the impacts from development projects approved by either jurisdiction in the Referral Area (Exhibit C) shall be collected and distributed in a fair and equitable manner manner pursuant to the requirements of impact fee ordinances, statues and financing plans. These fees shall be paid to the City and/or the County Payment of these fees should be made in proportion to the location and degree of project impacts; however the total fees paid shall not exceed the cost to mitigate the specific project impact. Mitigation to offset significant impacts to fire, law enforcement, emergency medical services, water and wastewater treatment services, roads and streets, other public services, and housing, should be incorporated into the conditions of approval for projects on a case by case basis. Documentation should be provided that identifies the project’s fiscal, infrastructure, housing, and services impacts to both the City and the County and shall be considered as part of the development review process. The documentation may shall be used to prepare conditions of approval and to allocate impact fees where allowable and as appropriate . 4. Fire and Law Enforcement Services. Service Levels and Ccosts associated with fire and emergency response services shall be given special attention. The County and City Planning Staff shall develop a mutual aid agreement specific to the SOI area meet with the City’s Police and Fire Department Chief and the County Sheriff and Fire DepartmentCounty Fire/Cal Fire Chief regarding development in the unincorporated areas that would impact the fire and emergency response service levels. This agreement should include the provision of those services to include including those services to open space and trails. The purpose of this meeting agreement is to identify and discuss fiscal and resource impacts of development related to fire and emergency services, service delivery impacts of development on the fringe, and appropriate mitigation and cost sharing measures. ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 171 of 176 Memorandum of Agreement 9 City of Atascadero- County of San Luis Obispo 2.5. Mutual Agreements for Study Area #4 (Eagle Ranch). The County shall limit the development in the Sphere of Influence area to that which is allowed by the current land use designations unless General Plan and land use ordinance amendments are approved. The County and City acknowledge that the proposed SOI area includes several hundred parcels not under Williamson Act Contracts that could be developed with single-family homes. Residences and other currently allowable uses may be permitted pursuant to the land-use policies, standards and ordinances of the County. Recognizing that the existing Colony lots have entitlements to water supply from Atascadero Mutual Water Company, it is the intent of the City to provide other services to these areas if thesey are when they are eventually annexed to the City. The County shall consider this when reviewing projects in this SOI area. Any project proposed in the County and within the proposed SOI area that is subject to an Initial Study under CEQA, may call for a City-County staff conference to discuss a proposed project early in the approval process prior to completion of the Initial Study. The purpose of the conference would be to discuss the City’s and County’s General Plan policies with regard to the project and to identify any key issues that may need special attention. 3.6. City/County Cooperation. For a County project proposed prior to annexation, the County and CityCity and County will cooperate to evaluate the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County. 4.7. Agriculture and Open Space. The City and the County shall work together will work to permanently preserve agricultural and open space resources within the SOI area using conservation easements and/or other preservation methods or tools. The open space and agriculture areas shall be identified in the Specific Plan and EIR. The County’s Agriculture and Open Space Policies including the transfer development credit program or other programs as appropriate shall be considered. 5.8. Land Uses. The areas included in the SOI as described in Exhibit A may include residential, mixed-use, public facilities, visitor-serving, agriculture uses, open space, ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 172 of 176 Memorandum of Agreement 10 City of Atascadero- County of San Luis Obispo and/or recreational uses in a manner integrated into the city’s City’s plans for annexation and development for this area. The Smart Growth Principles adopted in the City’s General Plan will be used as a basis of preparing plans for the area. The County’s Strategic Growth Principles will be considered by the City with the purpose of supporting and complementing the City’s vision for the area. Once annexed, the City’s General Plan and/or Specific Plan will be implemented for the Sphere of Influence area. The following goals should be considered in developing the specific plan: a. Creation of walkable and bicycle friendly neighborhoods with logical connections and future transit opportunities if feasible. b. Planning for a trail system to accommodate pedestrians, bicyclists and equestrians which connects to the existing community. c. Development of a range of housing opportunities and choices. d. A land use pattern that clusters development in a manner that reduces environmental impacts. e. Evaluate consistencies with San Luis Obispo Council of Governments (SLOCOG) Regional Transportation Plan and Sustainable Communities Strategies. d.f. A land use pattern that addresses jobs/housing balance and lowers vehicle miles traveled. 6.9. General Plan Amendment. The City intends to complete environmental review, pre- zoning, pre-annexation, and any necessary pre-general plan amendment activities prior to or concurrent with an annexation proposal being processed by LAFCO. The County Staff intends to complete propose any necessary amendments to its General Plan in the Salinas River Area Plan to reflect the annexation of territory to the City of Atascadero. 7.10. Zoning Requirements/Specific Plan. A Specific Plan, which identifies land uses within the Sphere of Influence areas, shall be prepared and adopted by the City prior to the annexation of the property into the City. In accordance with it ’s General Plan, CEQA review of the Specific Plan shall include analysis of issues related to completing the annexation, such as a reliable and adequate water supply, sewer capacity, affordable housing opportunities, and other services for the proposed project. The Specific Plan for the Sphere of Influence area shall be prepared consistent with Policy 1.2 of the City’s General Plan. Programs related to the Sphere of Influence area in the City’s General Plan that shall be implemented under policy 1.2 include eight, nine, ten, and eleven. ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 173 of 176 Memorandum of Agreement 11 City of Atascadero- County of San Luis Obispo 8.11. Property Tax Agreement and Process. Revenue and Taxation (R&T) Code §99 provides the state law that governs the processing the tax exchange agreements for annexations. R&T Code §99(b)(6) requires that a resolution approving a negotiated property tax agreement be submitted to LAFCO by both the cCounty and cCity before an annexation can be processed. Prior to processing any annexation the City and County are required to approve a property tax agreement. The City and County may use the existing Master Agreement for negotiations, or they may consider a separate agreement that specifies a different property tax allocation formula. This is allowed under the revenue and tax code of the State of California. This special circumstance includes the existing lot configuration with the potential of approximately 452 original colony lots. Therefore much of the Eagle Ranch Area could be developed in the County if access, fire hazard mitigation and other infrastructure can be addressed. Also the area is adjacent to a larger conservation open space easement area with very high fire danger. Much of the study area is also considered a very high fire danger that may increase fire service and risk to the City of Atascadero and surrounding neighbors. Development of this area will need to address both fire response and emergency services such as law enforcement and medical aid. The City and County should take these factors into consideration along with property tax and tax rate, community facility district contributions, and any other funding mechanisms to support future development if and when negotiations are started for any future annexation of the Eagle Ranch site. A special study funded by the County and City may help identify a tax agreement formula for the agreement. 12. Areas of Focus (Study Areas #1, #2, & #3 see Referral Map Exhibit C). Areas surrounding the City’s eastern border that includes the Salinas River corridor, Rocky Canyon Road/Templeton Road, the surrounding agricultural lands, sand gravel landscape materials, and horse ranches generally have some impacts to various city services such as roads, recreation, fire and police. Other areas just south of the City are also within the unincorporated county under Residential Suburban. These areas are outside of the City’s sphere of influence but within the referral area identified in Exhibit C. Under the County’s cannabis ordinance additional negative impacts such as air and visual quality, noise, night sky, pesticide use, water quality, and misconduct and security measures have the potential to affect the City and nearby residents. Any future land use changes in these areas should ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 174 of 176 Memorandum of Agreement 12 City of Atascadero- County of San Luis Obispo have a greater meaning on project referrals for review and comment by the City during county discretionary permitting. Salinas River Area east of the City - This area generally covers 1,124 acres located just east of City limits and considered as Study Area Two. A total of 58 parcels exist of which 4 are vacant lots. A total of 199 people reside in the area, average lot size is 19.3 acres. The smallest lot is 0.04 acres and the largest is 175 acres. The average assessed property value is $589,273. This area includes Mustang Mobile Village consisting of 13 units, Heilmann Salvage & Metals Inc., Ben’s Meat Cutting, and cultivation operations. The City expresses concerns for increased density or intensity in the area and that existing residences or mobile home parks are adequately serviced or any new projects approved by the County have adequate services for water, sewer, fire, emergency response and law enforcement needs. South Atascadero (Eaglet Area) – This area generally covers 2,082 acres and 743 existing residences and considered as Study Area Three. A total of 752 parcels exist of which 69 are vacant lots. A total of 1,911people reside in the area, average lot size is 2.7 acres. The smallest lot is 0.01 acres and the largest is 21.7 acres. The average assessed property value is $344,556. This area includes former site of Country Care Convalescent Hospital, which closed in 2017. The City expresses concerns for increased density or intensity in the area and that existing residences or the Convalescent Hospital site are adequately serviced or any new projects approved by the County have adequate services for water, sewer, fire, and emergency response needs. ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 175 of 176 Memorandum of Agreement 13 City of Atascadero- County of San Luis Obispo EXHIBIT C PROJECT REFERRAL MAP ITEM NUMBER: C-2 DATE: 10/22/19 ATTACHMENT: 2 Page 176 of 176