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HomeMy WebLinkAboutCC_2020_10_27_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the City Council Meeting will not be physically open to the public and City Council Members will be teleconferencing into the meeting. HOW TO OBSERVE THE MEETING: To maximize public safety while still maintaining transparency and public access, the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable Channel 20 in Atascadero, and on KPRL Radio 1230AM. The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website or by visiting https://attendee.gotowebinar.com/rt/8539114475191636236. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 805-538-2888 to listen and provide public comment via phone, or submit written public comments to cityclerk@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will us e their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. City Council agendas and minutes may be viewed on the City's website: www.atascadero.org. 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 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 by contacting the City Clerk's office. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. Page 1 of 49 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, October 27, 2020 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Newsom 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 th e 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 2020 Domestic Violence Awareness Month 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 2 of 49 1. City Council Draft Action Minutes – October 13, 2020  Recommendation: Council approve the October 13, 2020 Draft City Council Regular Meeting Minutes. [City Clerk] 2. September 2020 Accounts Payable and Payroll  Fiscal Impact: $2,606,854.77  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2020. [Administrative Services] 3. Parcel Map AT 19-0017 9040 San Diego Road and 9081 La Paz Lane  Fiscal Impact: None.  Recommendations: Council: 1. Approve Parcel Map AT 19-0017. 2. Accept, on behalf of the public, the offer of dedication for two six-foot Public Utility Easements along San Diego Road and La Paz Lane. 3. Reject, without prejudice, a twenty-five foot wide offer of dedication for public road purposes on La Paz Lane. [Public Works] 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: 1. Community Facilities District 2005-1 Annexation No. 21 and 22 (7900 Curbaril Ave.: AT 18-0111 & 4711 El Camino Real: Tract: 3141)  Fiscal Impact: Assessments for the Curbaril annexation are estimated to be between $2,800 - $3,000 annually beginning in fiscal year 2021-2022, and adjusted each year for inflation. Assessments for the Grand Oaks Paseo annexation are estimated to be between $19,000 - $20,000 annually beginning in fiscal year 2021-2022, and adjusted each year for inflation. Deed restricted affordable units are exempt from the special tax.  Recommendations: Council: 1. Conduct the public hearings for the proposed annexations. 2. Adopt Draft Resolution A; authorizing the territory identified in City Council Resolution 2020-067 to be annexed into Community Facilities District No. 2005-1 (Public Services), authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. 3. Adopt Draft Resolution B; authorizing the territory identified in City Council Resolution 2020-068 to be annexed into Community Facilities District No. 2005-1 (Public Services), authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. Page 3 of 49 4. Direct the City Clerk to conduct a landowner vote of annexations and collect and count the ballots. Council to recess until ballots are counted 5. Adopt Draft Resolution C, declaring the results of a special annexation landowner election for Annexation No. 21, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 6. Adopt Draft Resolution D, declaring the results of a special annexation landowner election for Annexation No. 22, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 7. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 (Public Services), for certain annexation territory identified as Annexation No. 21. 8. Introduce for first reading, by title only, Draft Ordinance B, authorizing the levy of special taxes in Community Facilities District 2005 -1 (Public Services), for certain annexation territory identified as Annexation No. 22. [Community Development] C. MANAGEMENT REPORTS: None. D. DISCUSSION ITEM: Discussion of COVID 19 issues including oral updates by Mayor Moreno and City Manager Rickard, questions by City Council, public comment and comments by City Council. 1. Coronavirus (COVID-19) update – Mayor Moreno 2. Coronavirus (COVID-19) update – City Manager Rickard E. 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) Page 4 of 49 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 F. 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 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 wi ll be distributed to the Council and available for review in the City Clerk's office. Page 5 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 1 of 6 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, October 13, 2020 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor Moreno announced at 5:00 p.m. that the Council was going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference With Legal Counsel—Anticipated Litigation Initiation of litigation pursuant to Govt. Code Section 54956.9(d)(4): one potential case 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT Mayor Moreno reported that there was no reportable action in Closed Session. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Page 6 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 2 of 6 ROLL CALL: Present: By Teleconference - Council Members Fonzi, Funk and Newsom, Mayor Pro Tem Bourbeau, and Mayor Moreno Absent: None Others Present: None Staff Present: By Teleconference – City Manager Rachelle Rickard, Police Chief Jerel Haley, Fire Chief Casey Bryson, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Community Development Director Phil Dunsmore, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, and IT Manager Luke Knight APPROVAL OF AGENDA: MOTION: By Council Member Newsom and seconded by Council Member Fonzi 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 will 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 PRESENTATIONS: 1. Recognition of outgoing Police Chief Jerel Haley The City Council and City Manager Rickard recognized Chief Jerel Haley for his years of service with Atascadero and wished him well in his retirement. 2. Proclamation proclaiming Fire Prevention Week as October 4-10, 2020 The City Council presented the proclamation and showed a clip of a fire p revention video put together by, and starring members of, Atascadero Fire and Emergency Services. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – September 22, 2020  Recommendation: Council approve the September 22, 2020 Draft City Council Regular Meeting Minutes. [City Clerk] 2. Revision to the 2020 Speed Survey Update  Fiscal Impact: None.  Recommendation: Council adopt Draft Resolution approving the 2020 Speed Survey Update and establishing speed limits on various City streets superseding Resolution No. 2020-063 without rescinding adoption of said Resolution. [Public Works] Page 7 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 3 of 6 4. Conflict of Interest Code - Biennial Review  Fiscal Impact: None.  Recommendation: Council adopt Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero. [City Clerk] 5. Consider a Professional Engineering Services Agreement for the San Gabriel Road and San Marcos Road Pavement Rehabilitation Project  Fiscal Impact: Approving staff recommendations will commit $95,000 in budgeted Local Transportation Funds and advance commit $86,100 in Local Transportation Funds that were projected for expe nditure on this Project in fiscal year 21/22.  Recommendations: Council: 1. Authorize the City Manager to execute a professional services agreement for $149,817 with Wallace Group to provide design engineering and construction plan preparation services for the San Gabriel Road and San Marcos Road Rehabilitation Project (Project No. C2020R05). 2. Authorize the Director of Administrative Services to allocate an advance of $86,100 of Local Transportation Funds to supplement the FY20/21 budget for the San Gabriel Road and San Marcos Road Rehabilitation Project. [Public Works] Mayor Moreno noted, at the request of the City Clerk, Item #A-4 was being removed from the Consent Calendar for further review and would be broug ht back to the City Council before the end of the year. Caller Geoff Auslen requested Item #A-3 be removed from the Consent Calendar for separate discussion and vote. MOTION: By Council Member Fonzi and seconded by Council Member Newsom to approve Consent Calendar Items #A-1, #A-2, and #A-5. (#A-2: Resolution No. 2020-072) (#A-5: Contract No. 2020-012) Motion passed 5:0 by a roll-call vote. 3. Del Rio Rd Commercial Area Specific Plan Amendment (AMND18-0079)  Fiscal Impact: Projected reduction of Traffic Impact Fee revenue of approximately 2.8 million. The short-term circulation improvements necessary to mitigate the new traffic projections are projected to cost approximately $15 million less than the mitigation measures included in the original specific plan.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance amending the Del Rio Road Commercial Area Specific Plan, to modify the list of allowed land uses, associated project descriptions, and related traffic mitigation measures. [Community Development] Community Development Director Dunsmore answered questions of the caller and Council. MOTION: By Council Member Newsom and seconded by Council Member Funk to adopt on second reading, by title only, Ordinance No. 641 amending the Del Rio Road Commercial Area Specific Plan, to Page 8 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 4 of 6 modify the list of allowed land uses, associated project descriptions, and related traffic mitigation measures. 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. COMMUNITY FORUM: The following citizens spoke by telephone during Community Forum: Geoff Auslen Emails from the following citizens were read into the record by Deputy City Manager/City Clerk Christensen: Jean Lang and Mitch Paskin B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Commitment to Being a Safe, Inclusive and Welcoming Community for Everyone and Facilitation of Voluntary Citizen Action to Redact or Repudiate Racist Deed Verbiage  Fiscal Impact: There will be staff time and minor costs associated with facilitating the redaction or repudiation of racially restrictive deed covenants. These costs are expected to be covered with existing budgeted funds.  Recommendation: Council adopt Draft Resolution to resolve that the City of Atascadero commits to Atascadero being a safe, inclusive and welcoming community for everyone and to facilitate voluntary citizen action to redact or repudiate racist and discriminatory verbiage from their property deeds. [City Manager] Mayor Moreno, Council Member Funk and Deputy City Manager/City Clerk Christensen gave the presentation and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke by telephone during Community Forum: Hailey Pinney, Josh Cross, Tasia Trevino-Hill, Jamie Lewis and Jerry Tanimoto Emails from the following citizens were read into the record by Deputy City Manager/City Clerk Christensen: Victoria Rose Carranza and Zoe Zappas. Mayor Moreno closed the Public Comment period. MOTION: By Council Member Funk and seconded by Mayor Moreno to adopt Resolution No. 2020-073 to resolve that the City of Atascadero commits to Atascadero being a safe, inclusive and welcoming community for Page 9 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 5 of 6 everyone and to facilitate voluntary citizen action to redact or repudiate racist and discriminatory verbiage from their property deeds. Motion passed 5:0 by a roll-call vote. Mayor Moreno recessed the meeting at 7:54 p.m. Mayor Moreno reconvened the meeting with all present at 8:03 p.m. 2. 6th Cycle Housing Element Update Progress Report (CPP19-0067)  Fiscal Impact: None.  Recommendation: Council receive update on the progress of the Housing Element. [Community Development] Community Development Director Dunsmore gave the presentation and answered questions from the Council. Genevieve Sharrow, MIG, also gave a presentation and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. The City Council received and filed the update on the progress of the Housing Element. D. DISCUSSION ITEM: Discussion of COVID 19 issues including oral updates by Mayor Moreno and City Manager Rickard, questions by City Council, public comment and comments by City Council. 1. Coronavirus (COVID-19) update – Mayor Moreno 2. Coronavirus (COVID-19) update – City Manager Rickard Mayor Moreno provided updates on Coronavirus (COVID-19) and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. E. 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 Council of Governments (SLOCOG) Page 10 of 49 ITEM NUMBER: A-1 DATE: 10/27/20 Atascadero City Council October 13, 2020 Page 6 of 6 Mayor Pro Tem Bourbeau 1. Integrated Waste Management Authority (IWMA) Council Member Fonzi 1. Air Pollution Control District 2. Atascadero Basin Ground Water Sustainability Agency (GSA) Council Member Funk 1. Homeless Services Oversight Council 2. League of California Cities – Council Liaison Council Member Funk reported attending the League of California’s virtual Annual Conference. Council Member Newsom 1. City of Atascadero Design Review Committee 2. Visit SLO CAL Advisory Committee Council Member Newsom reported attending the League of California’s virtual Annual Conference. F. INDIVIDUAL DETERMINATION AND / OR ACTION: None. G. ADJOURN Mayor Moreno adjourned the meeting at 8:44 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen City Clerk APPROVED: Page 11 of 49 ITEM NUMBER: A-2DATE: 10/27/20Page 12 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165366 09/01/2020 ANTHEM BLUE CROSS HEALTH 178,316.31Payroll Vendor Payment 165367 09/01/2020 LINCOLN NATIONAL LIFE INS CO 1,613.92Payroll Vendor Payment 165368 09/01/2020 MEDICAL EYE SERVICES 1,682.54Payroll Vendor Payment 165369 09/01/2020 PREFERRED BENEFITS INSURANCE 8,484.50Payroll Vendor Payment 3794 09/03/2020 ANTHEM BLUE CROSS HSA 8,675.06Payroll Vendor Payment 165370 09/03/2020 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment 165371 09/03/2020 ATASCADERO POLICE OFFICERS 1,916.25Payroll Vendor Payment 165372 09/03/2020 ATASCADERO PROF. FIREFIGHTERS 1,176.50Payroll Vendor Payment 165373 09/03/2020 ICMA-RC 125.00Payroll Vendor Payment 165374 09/03/2020 MASS MUTUAL WORKPLACE SOLUTION 7,078.89Payroll Vendor Payment 165375 09/03/2020 NATIONWIDE RETIREMENT SOLUTION 1,269.99Payroll Vendor Payment 165376 09/03/2020 NAVIA BENEFIT SOLUTIONS 1,600.88Payroll Vendor Payment 165377 09/03/2020 SEIU LOCAL 620 818.77Payroll Vendor Payment 165378 09/03/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment 165379 09/03/2020 VANTAGEPOINT TRNSFR AGT 304633 4,996.40Payroll Vendor Payment 165380 09/03/2020 VANTAGEPOINT TRNSFR AGT 706276 296.00Payroll Vendor Payment 3795 09/04/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3796 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,401.40Payroll Vendor Payment 3797 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,067.26Payroll Vendor Payment 3798 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,802.52Payroll Vendor Payment 3799 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,824.82Payroll Vendor Payment 3800 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,132.93Payroll Vendor Payment 3801 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 6,122.03Payroll Vendor Payment 3802 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,436.56Payroll Vendor Payment 3803 09/04/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,648.07Accounts Payable Check 3804 09/08/2020 RABOBANK, N.A.74,434.73Payroll Vendor Payment 3805 09/08/2020 EMPLOYMENT DEV DEPARTMENT 23,747.27Payroll Vendor Payment 3806 09/08/2020 EMPLOYMENT DEV. DEPARTMENT 2,294.05Payroll Vendor Payment 165381 09/11/2020 DEPARTMENT OF WATER RESOURCES 4,088.00Accounts Payable Check 165382 09/11/2020 EN FUEGO EVENTS 300.00Accounts Payable Check 165383 09/11/2020 IMAGE TREND, INC.12,880.00Accounts Payable Check 165384 09/11/2020 IRON MOUNTAIN RECORDS MGMNT 34.02Accounts Payable Check 165385 09/11/2020 MID-STATE CONCRETE PRODUCTS 232.25Accounts Payable Check 165386 09/11/2020 REVENUE & COST SPECIALISTS LLC 11,767.07Accounts Payable Check 165387 09/11/2020 WALLACE GROUP 18,087.25Accounts Payable Check 165388 09/11/2020 WEST COAST AUTO & TOWING, INC.300.00Accounts Payable Check 165389 09/11/2020 ADAMSKI,MOROSKI,MADDEN,586.00Accounts Payable Check 165390 09/11/2020 AGM CALIFORNIA, INC.1,092.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 13 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165391 09/11/2020 AIR-LEFT HEATING & AIR CONDT.220.00Accounts Payable Check 165392 09/11/2020 ALTHOUSE & MEADE, INC.270.00Accounts Payable Check 165393 09/11/2020 AMERICAN WEST TIRE & AUTO INC 776.17Accounts Payable Check 165394 09/11/2020 AMERIGAS 122.84Accounts Payable Check 165395 09/11/2020 KELLY AREBALO 340.10Accounts Payable Check 165396 09/11/2020 AT&T 303.48Accounts Payable Check 165397 09/11/2020 AT&T 100.15Accounts Payable Check 165399 09/11/2020 ATASCADERO MUTUAL WATER CO.30,487.20Accounts Payable Check 165400 09/11/2020 KEITH R. BERGHER 341.25Accounts Payable Check 165401 09/11/2020 BRANCH SMITH PROPERTIES 350.00Accounts Payable Check 165402 09/11/2020 BREZDEN PEST CONTROL, INC.90.00Accounts Payable Check 165403 09/11/2020 CARQUEST OF ATASCADERO 406.40Accounts Payable Check 165404 09/11/2020 CERTIF-A-GIFT COMPANY 2,040.88Accounts Payable Check 165405 09/11/2020 CERTIFIED FOLDER DISPLAY SVC 4,089.75Accounts Payable Check 165406 09/11/2020 CHARTER COMMUNICATIONS 2,467.98Accounts Payable Check 165407 09/11/2020 CLEVER CONCEPTS, INC.47.95Accounts Payable Check 165408 09/11/2020 COASTAL COPY, INC.177.20Accounts Payable Check 165409 09/11/2020 COASTAL REPROGRAPHIC SERVICES 102.36Accounts Payable Check 165410 09/11/2020 CREWSENSE, LLC 99.99Accounts Payable Check 165411 09/11/2020 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check 165412 09/11/2020 NICHOLAS DEBAR 300.00Accounts Payable Check 165413 09/11/2020 DESTINATION TRAVEL NETWORK 325.00Accounts Payable Check 165414 09/11/2020 DMV RENEWAL 136.00Accounts Payable Check 165415 09/11/2020 PHILIP DUNSMORE 300.00Accounts Payable Check 165416 09/11/2020 EARTH SYSTEMS PACIFIC 310.00Accounts Payable Check 165417 09/11/2020 EIKHOF DESIGN GROUP, INC.33,096.15Accounts Payable Check 165418 09/11/2020 FARM SUPPLY COMPANY 178.49Accounts Payable Check 165419 09/11/2020 FEDEX 6.57Accounts Payable Check 165420 09/11/2020 FGL ENVIRONMENTAL 81.00Accounts Payable Check 165421 09/11/2020 FUNFLICKS CENTRAL COAST 125.00Accounts Payable Check 165422 09/11/2020 HELIXSTORM, INC.5,500.00Accounts Payable Check 165424 09/11/2020 HOME DEPOT CREDIT SERVICES 1,631.44Accounts Payable Check 165425 09/11/2020 IMAGE TREND, INC.12,880.00Accounts Payable Check 165426 09/11/2020 IRON MOUNTAIN RECORDS MGMNT 115.50Accounts Payable Check 165427 09/11/2020 JK'S UNLIMITED, INC.10,424.18Accounts Payable Check 165428 09/11/2020 JOURNAL PLUS MAGAZINE 900.00Accounts Payable Check 165429 09/11/2020 LIFE ASSIST, INC.7,163.96Accounts Payable Check 165430 09/11/2020 MADRONE LANDSCAPES, INC.1,077.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 14 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165431 09/11/2020 MARBORG INDUSTRIES 62.28Accounts Payable Check 165432 09/11/2020 CRAIG MARTINEAU 77.00Accounts Payable Check 165433 09/11/2020 MCMASTER-CARR SUPPLY CO.1,864.16Accounts Payable Check 165434 09/11/2020 MCMILLAN LAND SURVEYS 16,400.00Accounts Payable Check 165435 09/11/2020 MEDPOST URGENT CARE-ATASCADERO 100.00Accounts Payable Check 165436 09/11/2020 VOID 0.00Accounts Payable Check 165437 09/11/2020 MID-COAST MOWER & SAW, INC.410.75Accounts Payable Check 165438 09/11/2020 MIG 1,369.31Accounts Payable Check 165439 09/11/2020 MINER'S ACE HARDWARE 277.44Accounts Payable Check 165440 09/11/2020 MISSION UNIFORM SERVICE 215.72Accounts Payable Check 165441 09/11/2020 MOSS, LEVY, & HARTZHEIM LLP 5,000.00Accounts Payable Check 165442 09/11/2020 MULLAHEY CDJR 91.83Accounts Payable Check 165443 09/11/2020 OFFICE DEPOT INC.88.12Accounts Payable Check 165444 09/11/2020 TARA ORLICK 32.20Accounts Payable Check 165447 09/11/2020 PACIFIC GAS AND ELECTRIC 66,980.62Accounts Payable Check 165448 09/11/2020 PEAKWIFI, LLC 650.00Accounts Payable Check 165449 09/11/2020 PROCARE JANITORIAL SUPPLY,INC.446.44Accounts Payable Check 165450 09/11/2020 PVP COMMUNICATIONS, INC.1,684.70Accounts Payable Check 165451 09/11/2020 SHIRLEY L. RADCLIFF-BRUTON 96.60Accounts Payable Check 165452 09/11/2020 RAINSCAPE, A LANDSCAPE SVC CO.7,666.26Accounts Payable Check 165453 09/11/2020 JERI RANGEL 300.00Accounts Payable Check 165454 09/11/2020 REVENUE & COST SPECIALISTS LLC 4,861.87Accounts Payable Check 165455 09/11/2020 RACHELLE RICKARD 500.00Accounts Payable Check 165456 09/11/2020 SIGTRONICS CORP.316.73Accounts Payable Check 165457 09/11/2020 SLO COUNTY HEALTH AGENCY 81,104.50Accounts Payable Check 165458 09/11/2020 SOUTH COAST EMERGENCY VEH SVC 84.13Accounts Payable Check 165459 09/11/2020 SPEAKWRITE, LLC.303.42Accounts Payable Check 165460 09/11/2020 SPECIALIZED EQUIPMENT REPAIR 844.32Accounts Payable Check 165461 09/11/2020 STANLEY CONVERGENT SECURITY 637.50Accounts Payable Check 165462 09/11/2020 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check 165463 09/11/2020 TERRA VERDE ENVIRONMENTAL CONS 63.75Accounts Payable Check 165464 09/11/2020 TURF STAR, INC.310.42Accounts Payable Check 165469 09/11/2020 U.S. BANK 43,535.43Accounts Payable Check 165470 09/11/2020 U.S. POSTAL SERVICE 3,000.00Accounts Payable Check 165471 09/11/2020 ULTREX BUSINESS PRODUCTS 43.74Accounts Payable Check 165472 09/11/2020 UNITED STAFFING ASSC., INC.2,423.52Accounts Payable Check 165473 09/11/2020 VERDIN 6,771.89Accounts Payable Check 165474 09/11/2020 VERIZON WIRELESS 2,823.25Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 15 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165475 09/11/2020 VISITOR TELEVISION LLC 595.00Accounts Payable Check 165476 09/11/2020 WALLACE GROUP 12,426.60Accounts Payable Check 165477 09/11/2020 WELL SEEN SIGN CO., LLC 204.73Accounts Payable Check 165478 09/11/2020 WEST COAST AUTO & TOWING, INC.140.00Accounts Payable Check 165479 09/11/2020 WEST COAST SAFETY CONSULTANTS 1,519.00Accounts Payable Check 165480 09/11/2020 WEX BANK - 76 UNIVERSL 8,896.54Accounts Payable Check 165481 09/11/2020 WEX BANK - WEX FLEET UNIVERSAL 5,644.20Accounts Payable Check 165482 09/11/2020 WHITLOCK & WEINBERGER TRANS.6,331.25Accounts Payable Check 165483 09/11/2020 WILKINS ACTION GRAPHICS 224.11Accounts Payable Check 165484 09/11/2020 WOODS HUMANE SOCIETY 4,750.00Accounts Payable Check 165485 09/11/2020 ZOOM IMAGING SOLUTIONS, INC.977.83Accounts Payable Check 3807 09/15/2020 BANK OF NEW YORK MELLON 618,500.90Accounts Payable Check 3808 09/17/2020 ANTHEM BLUE CROSS HSA 7,475.06Payroll Vendor Payment 165486 09/17/2020 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment 165487 09/17/2020 ATASCADERO POLICE OFFICERS 1,916.25Payroll Vendor Payment 165488 09/17/2020 ATASCADERO PROF. FIREFIGHTERS 1,176.50Payroll Vendor Payment 165489 09/17/2020 MASS MUTUAL WORKPLACE SOLUTION 6,971.38Payroll Vendor Payment 165490 09/17/2020 NATIONWIDE RETIREMENT SOLUTION 1,246.36Payroll Vendor Payment 165491 09/17/2020 NAVIA BENEFIT SOLUTIONS 1,600.88Payroll Vendor Payment 165492 09/17/2020 SEIU LOCAL 620 803.02Payroll Vendor Payment 165493 09/17/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment 165494 09/17/2020 VANTAGEPOINT TRNSFR AGT 304633 4,777.32Payroll Vendor Payment 165495 09/17/2020 VANTAGEPOINT TRNSFR AGT 706276 296.00Payroll Vendor Payment 3809 09/18/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3810 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,622.47Payroll Vendor Payment 3811 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,355.56Payroll Vendor Payment 3812 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,788.14Payroll Vendor Payment 3813 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,652.63Payroll Vendor Payment 3814 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,132.93Payroll Vendor Payment 3815 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,916.58Payroll Vendor Payment 3816 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,203.43Payroll Vendor Payment 3817 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,131.86Payroll Vendor Payment 3818 09/18/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,800.00Accounts Payable Check 3819 09/22/2020 RABOBANK, N.A.82,817.79Payroll Vendor Payment 3820 09/22/2020 EMPLOYMENT DEV DEPARTMENT 26,854.50Payroll Vendor Payment 3821 09/22/2020 EMPLOYMENT DEV. DEPARTMENT 2,264.29Payroll Vendor Payment 165496 09/25/2020 13 STARS MEDIA 41.58Accounts Payable Check 165497 09/25/2020 A SUPERIOR CRANE, LLC 480.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 16 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165498 09/25/2020 AMERICAN WEST TIRE & AUTO INC 2,817.53Accounts Payable Check 165499 09/25/2020 KELLY AREBALO 228.90Accounts Payable Check 165501 09/25/2020 AT&T 1,072.45Accounts Payable Check 165502 09/25/2020 AT&T 272.92Accounts Payable Check 165503 09/25/2020 ATASCADERO HAY & FEED 1,782.91Accounts Payable Check 165504 09/25/2020 ATASCADERO POLICE OFFICERS 624.00Accounts Payable Check 165505 09/25/2020 ATASCADERO PROF. FIREFIGHTERS 408.00Accounts Payable Check 165506 09/25/2020 ATASCADERO UNIFIED SCHOOL DIST 3,592.00Accounts Payable Check 165507 09/25/2020 BASSETT'S CRICKET RANCH,INC.470.46Accounts Payable Check 165508 09/25/2020 BELL'S PLUMBING REPAIR, INC.1,150.00Accounts Payable Check 165509 09/25/2020 BERRY MAN, INC.1,141.28Accounts Payable Check 165510 09/25/2020 BIG BUBBA'S BAD BBQ 182.50Accounts Payable Check 165511 09/25/2020 JUSTIN BLACK 200.00Accounts Payable Check 165512 09/25/2020 BREZDEN PEST CONTROL, INC.164.00Accounts Payable Check 165513 09/25/2020 BUREAU VERITAS NORTH AMERICA 32,008.25Accounts Payable Check 165514 09/25/2020 BURT INDUSTRIAL SUPPLY 336.72Accounts Payable Check 165515 09/25/2020 CALPORTLAND COMPANY 278.01Accounts Payable Check 165516 09/25/2020 CAL-STATE AUTO & TRUCK GLASS 308.18Accounts Payable Check 165517 09/25/2020 CARQUEST OF ATASCADERO 99.09Accounts Payable Check 165518 09/25/2020 CCCICBO 60.00Accounts Payable Check 165519 09/25/2020 CENTRAL COAST TAXPAYER ASSC.126.00Accounts Payable Check 165520 09/25/2020 CHARTER COMMUNICATIONS 114.98Accounts Payable Check 165521 09/25/2020 JERRY L. CLAY 129.53Accounts Payable Check 165522 09/25/2020 CO OF SAN LUIS OBISPO SART PRG 563.00Accounts Payable Check 165523 09/25/2020 CPRS DISTRICT 8 50.00Accounts Payable Check 165524 09/25/2020 RODGER L. CROSS 3,200.00Accounts Payable Check 165525 09/25/2020 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 165526 09/25/2020 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check 165527 09/25/2020 DARRYL'S LOCK AND SAFE 100.00Accounts Payable Check 165528 09/25/2020 DEPARTMENT OF JUSTICE 700.00Accounts Payable Check 165529 09/25/2020 DOCUTEAM 138.96Accounts Payable Check 165530 09/25/2020 EARTH SYSTEMS PACIFIC 937.50Accounts Payable Check 165531 09/25/2020 ECS IMAGING, INC.14,193.00Accounts Payable Check 165532 09/25/2020 EL CAMINO CAR WASH 90.00Accounts Payable Check 165533 09/25/2020 EL CAMINO SELF STORAGE 475.00Accounts Payable Check 165534 09/25/2020 ELECTRICRAFT, INC.169.50Accounts Payable Check 165535 09/25/2020 EN FUEGO EVENTS 199.00Accounts Payable Check 165536 09/25/2020 FERRELL'S AUTO REPAIR 432.65Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 17 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165537 09/25/2020 FGL ENVIRONMENTAL 350.00Accounts Payable Check 165538 09/25/2020 FRANCHISE TAX BOARD 175.50Accounts Payable Check 165539 09/25/2020 GAS COMPANY 491.80Accounts Payable Check 165540 09/25/2020 HAMNER, JEWELL & ASSOCIATES 3,817.43Accounts Payable Check 165541 09/25/2020 JK'S UNLIMITED, INC.2,118.45Accounts Payable Check 165542 09/25/2020 JOE A. GONSALVES & SON 9,000.00Accounts Payable Check 165543 09/25/2020 RAY JOHNSON 107.01Accounts Payable Check 165544 09/25/2020 JOCELYN KATZAKIAN 88.88Accounts Payable Check 165545 09/25/2020 KEY TERMITE & PEST CONTROL,INC 555.00Accounts Payable Check 165546 09/25/2020 KPRL 1230 AM 160.00Accounts Payable Check 165547 09/25/2020 KRITZ EXCAVATING & TRUCKNG INC 1,396.44Accounts Payable Check 165548 09/25/2020 KW CONSTRUCTION 9,685.00Accounts Payable Check 165549 09/25/2020 LIFE ASSIST, INC.284.08Accounts Payable Check 165550 09/25/2020 MARBORG INDUSTRIES 900.00Accounts Payable Check 165551 09/25/2020 BECKY MAXWELL 50.03Accounts Payable Check 165552 09/25/2020 MCCROMETER, INC.2,142.00Accounts Payable Check 165553 09/25/2020 MICHAEL K. NUNLEY & ASSC, INC.5,327.12Accounts Payable Check 165554 09/25/2020 MID-COAST MOWER & SAW, INC.61.82Accounts Payable Check 165555 09/25/2020 MINER'S ACE HARDWARE 451.27Accounts Payable Check 165556 09/25/2020 MISSION UNIFORM SERVICE 531.30Accounts Payable Check 165557 09/25/2020 MONSOON CONSULTANTS 4,500.00Accounts Payable Check 165558 09/25/2020 RICKY D. MONTIJO 300.00Accounts Payable Check 165559 09/25/2020 JULIAN A. MORA 105.00Accounts Payable Check 165560 09/25/2020 MV TRANSPORTATION, INC.6,846.68Accounts Payable Check 165561 09/25/2020 MY805TIX 776.63Accounts Payable Check 165562 09/25/2020 NEW TIMES 548.00Accounts Payable Check 165563 09/25/2020 NORTH COAST ENGINEERING INC.637.00Accounts Payable Check 165564 09/25/2020 OFFICE DEPOT INC.768.50Accounts Payable Check 165565 09/25/2020 O'REILLY AUTOMOTIVE, INC.36.83Accounts Payable Check 165566 09/25/2020 PACIFIC CNTRL COAST HLTH CTRS 150.00Accounts Payable Check 165567 09/25/2020 PROCARE JANITORIAL SUPPLY,INC.539.48Accounts Payable Check 165568 09/25/2020 SHIRLEY L. RADCLIFF-BRUTON 65.39Accounts Payable Check 165569 09/25/2020 READYREFRESH BY NESTLE 557.27Accounts Payable Check 165570 09/25/2020 REVENUE & COST SPECIALISTS LLC 4,111.25Accounts Payable Check 165571 09/25/2020 JAMES STEVEN ROBINSON DVM 1,200.00Accounts Payable Check 165572 09/25/2020 SAM'S TREE 805, INC.150.00Accounts Payable Check 165573 09/25/2020 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check 165574 09/25/2020 THE SHERWIN-WILLIAMS COMPANY 39.13Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 18 of 49 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2020 165575 09/25/2020 SLO COUNTY SHERIFF'S OFFICE 212.00Accounts Payable Check 165576 09/25/2020 SOUZA CONSTRUCTION, INC.8,972.92Accounts Payable Check 165577 09/25/2020 STEVEN STUCKY 462.00Accounts Payable Check 165578 09/25/2020 THOMSON REUTERS - WEST 170.00Accounts Payable Check 165579 09/25/2020 THE TRIBUNE 220.22Accounts Payable Check 165580 09/25/2020 UNITED STAFFING ASSC., INC.1,211.76Accounts Payable Check 165581 09/25/2020 VERIZON WIRELESS 325.13Accounts Payable Check 165582 09/25/2020 WALSH ENGINEERING 495.00Accounts Payable Check 165583 09/25/2020 WCJ PROPERTY SERVICES 526.50Accounts Payable Check 165584 09/25/2020 WEBB MUNICIPAL FINANCE, LLC 4,500.00Accounts Payable Check 165585 09/25/2020 WEST COAST AUTO & TOWING, INC.150.00Accounts Payable Check 165586 09/25/2020 YEH AND ASSOCIATES, INC.2,760.00Accounts Payable Check 165587 09/25/2020 ZOO MED LABORATORIES, INC.497.12Accounts Payable Check $1,877,708.86 ITEM NUMBER: A-2 DATE: 10/27/20 ATTACHMENT: 1 Page 19 of 49 ITEM NUMBER: A-3 DATE: 10/27/20 Atascadero City Council Staff Report – Public Works Department Parcel Map AT 19-0017 9040 San Diego Road and 9081 La Paz Lane RECOMMENDATIONS: Council: 1. Approve Parcel Map AT 19-0017. 2. Accept, on behalf of the public, the offer of dedication f or two six-foot Public Utility Easements along San Diego Road and La Paz Lane. 3. Reject, without prejudice, a twenty-five foot wide offer of dedication for public road purposes on La Paz Lane. DISCUSSION: Tentative Parcel Map AT 19-0017 (City File SBDV19-0024) was approved by the Planning Commission on October 1, 2020 (PC Resolution No. 2019-0024). The Tentative Parcel Map conditionally authorizes the subdivision of one 9.72 acre residential parcel into two residential parcels if conditions of approval are met prior to Council adoption. Parcel 1 is 6.34 acres (net) and fronts San Diego Road, while Parcel 2 is 2.86 acres (net) and fronts La Paz Lane. Staff has coordinated with the applicant (Whitaker) to ensure that conditions of approval have been satisfied. A copy of the parcel map is included as Attachment 1. Requirements for Off-site Improvements Off-site improvements required for the subdivision are limited to new utility services to serve the new parcel on La Paz Lane. Easements and Offers of Dedication Offers of dedication for Public Utility Easements are included on the Parcel Map. Two six (6) foot wide Public Utility Easements are located over the private frontages for placement of public utilities. Staff recommends that this offer of a public utility easement be accepted. Acceptance of this easement benefits all public utility companies and has no impact on or imparts any liability upon the City of Atascadero. A 25-foot offer of dedication for public road purposes along La Paz Lane is also included on the Parcel Map. This offer will produce a 45 -foot wide right-of-way for La Page 20 of 49 ITEM NUMBER: A-3 DATE: 10/27/20 Paz Lane adjacent to the new parcel. Staff recommends this offer of dedication for public road purposes be rejected without prejudice to future acceptance. The Parcel Map also delineates a private open space preservation easement on a portion of Parcel 1 to prevent disturbance of a blue line creek . This easement is controlled by the Declaration of Covenant for Private Open Space Preservation Easement to be recorded concurrently with the Parcel Map. The City Engineer and Community Development Director have reviewed the Parcel Map and Conditions of Approval and find the Parcel Map to be in substantial conformance with the approved Tentative Parcel Map. Pursuant to California Government Code Title 7, Division 2, the approving legislative body (City Council) shall not deny a Parcel Map provided it find the Parcel Map is in substantial conformance with the previously approved Tentative Parcel Map. If adopted, the Parcel Map will be recorded at the County Recorder’s Office within ten business days. FISCAL IMPACT: None. ATTACHMENT: Parcel Map AT 19-0017 Page 21 of 49 ITEM NUMBER: A-3 DATE: 10/27/20 ATTACHMENT: 1 Page 22 of 49 ITEM NUMBER: B-1 DATE: 10/27/20 Atascadero City Council Staff Report – Community Development Department Community Facilities District 2005-1 Annexation No. 21 and 22 (7900 Curbaril Ave.: AT 18-0111 & 4711 El Camino Real: Tract: 3141) RECOMMENDATIONS: Council: 1. Conduct the public hearings for the proposed annexations. 2. Adopt Draft Resolution A; authorizing the territory identified in City Council Resolution 2020-067 to be annexed into Community Facilities District No. 2005-1 (Public Services), authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. 3. Adopt Draft Resolution B; authorizing the territory identified in City Council Resolution 2020-068 to be annexed into Community Facilities District No. 2005-1 (Public Services), authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. 4. Direct the City Clerk to conduct a landowner vote of annexations and collect and count the ballots. Council to recess until ballots are counted 5. Adopt Draft Resolution C, declaring the results of a special annexation landowner election for Annexation No. 21, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 6. Adopt Draft Resolution D, declaring the results of a special annexation landowner election for Annexation No. 22, determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien. 7. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 (Public Services), for certain annexation territory identified as Annexation No. 21. 8. Introduce for first reading, by title only, Draft Ordinance B, authorizing the levy of special taxes in Community Facilities District 2005-1 (Public Services), for certain annexation territory identified as Annexation No. 22. Page 23 of 49 ITEM NUMBER: B-1 DATE: 10/27/20 DISCUSSION: In July 2004, as a key part of the adoption of the City’s Comprehensive Financial Strategy, the Council addressed the need to recover all costs associated with new residential development by directing the formation of a Community Facilities District (CFD). California law allows the formation of such districts for the purpose of recovering the cost of providing public safety services, including police and fire services, and park services for new developments. CFDs ensure that new homeowners pay special taxes in an amount equal to the actual cost of the City services they are expected to receive. Without such special taxes in place, new residential units have a negative impact on the General Fund. The Citywide CFD was established in 2005. Consistent with this policy a number of projects have been annexed into the CFD as a requirement prior to recordation of a final map. On September 22, 2020, the City Council initiated the process for the Curbaril Residential Planned Development and the Grand Oaks Paseo project to be annexed in to the Citywide CFD by adopting resolutions of intent (Resolution Nos. 2020-067 & 2020-068) and set the date of the public hearing. The Curbaril Residential Planned Development project was approved in January of 2020 as Parcel Map AT18-0111. The project includes four residential units within the PD 36 overlay zone. The applicant has submitted the final map for review and recordation. Page 24 of 49 ITEM NUMBER: B-1 DATE: 10/27/20 The Grand Oaks Paseo project at 4711 El Camino Real was approved in November of 2019 as Tract 3141. The project includes 30 residential units, four of which are live-work units facing El Camino Real. Three of the units will be deed restricted for moderate income households and will not be assessed this additional tax during the time period that they remain restricted. The project also includes a 1,900 square-foot community building and 1,600 square-feet of commercial space broken up into four 400 square-foot tenant spaces attached to the residential live-work units. The applicant has submitted the final map for review and recordation. Project Area Page 25 of 49 ITEM NUMBER: B-1 DATE: 10/27/20 The Draft Resolutions before Council tonight (Attachments 1 & 2) are the final step to annex the Curbaril Residential Planned Development (Annexation No. 21) and the Grand Oaks Paseo project (Annexation No. 22) into the existing Citywide CFD (CFD 2005-1) to fund new police, fire, and park services associated with the development s. The Special Tax levied against Single-Family Residential parcels for Fiscal Year 2020-2021 was $706.68 annually per residential parcel, which is subject to an annual escalator. The money collected can only be used to fund new public services authorized to be funded by the Mello-Roos Act and identified within the Rate and Method of Apportionment. After the close of the Public Hearing, the City Council may adopt Draft Resolutions A and B (Attachments 1 & 2), which officially establish the annexation of territory to Community Facilities District 2005-1. If approved, the Resolutions authorize the levy of special taxes within such annexation areas. Following adoption of Draft Resolutions A and B, the City Clerk will hold a landowner election, verifying the property owner’s wishes to annex into the City’s CFD. If the landowners elect to annex into the CFD, the City Council will certify the election by adopting Draft Resolutions C and D and introduce for first reading, by title only, Draft Ordinance A and B (Attachments 5 and 6), authorizing the special taxes for Annexations No. 21 and 22. It is important to note that the Draft Ordinances are separated to allow each project to proceed independently should one project vote not to annex. Community Building Live/work units Page 26 of 49 ITEM NUMBER: B-1 DATE: 10/27/20 The developments proposed for annexation into the CFD were conditioned to be fiscally neutral through annexation into the existing Citywide CFD (CFD 2005 -1 – Public Services). If any of the annexations are not approved, the project will not be able to meet the conditions of approval. ALTERNATIVE: Council could require the developers to meet the fiscal neutrality condition of approval through some other mechanism. FISCAL IMPACT: Assessments for the Curbaril annexation are estimated to be between $2,800 - $3,000 annually beginning in fiscal year 2021-2022, and adjusted each year for inflation. Assessments for the Grand Oaks Paseo annexation are estimat ed to be between $19,000 - $20,000 annually beginning in fiscal year 2021-2022, and adjusted each year for inflation. Deed restricted affordable units are exempt from the special tax. ATTACHMENTS: 1. Draft Resolution A, authorizing the annexation of territory identified in City Council Resolution 2020-067 to be annexed into the Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qu alified electors. (Annexation No. 21, Curbaril) 2. Draft Resolution B, authorizing the annexation of territory identified in City Council Resolution 2020-068 to be annexed into the Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors. (Annexation No. 22, Grand oaks Paseo) 3. Draft Resolution C, declaring the results of a special annexation landowner election for Annexation No. 21, determining the validity of the prior procee dings and directing the recording of an amendment to the notice of special tax lien. 4. Draft Resolution D, declaring the results of a special annexation landowner election for Annexation No. 22, determining the validity of the prior proceedings and directing the recording of an amendment to the notice of special tax lien. 5. Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory (Annexation No. 21). 6. Draft Ordinance B, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory. (Annexation No. 22) Page 27 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and WHEREAS, this City Council on September 22, 2020, adopted its Resolution No. 2020- 067 entitled “Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as Annexation No. 21, and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District, stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, (ii) any registered voter residing in the territory proposed to be annexed to the District, (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 21 to the District has been filed with the County Recorder of the County of San Luis Obispo, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk and incorporated herein by this reference. Page 28 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 1 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 21 of Community Facilities District No. 2005-1 (Public Services)” on file with the City Clerk and heretofore recorded in the San Luis Obispo County Recorder’s Office on September 30, 2020, in Book 6 at Page 29 of Maps of Assessment and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4. The provisions of the Resolution of Intention is, by this reference incorporated herein, as if fully set forth herein. SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided. SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District. SECTION 7. This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the District. Page 29 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 1 The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed. Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicates the number of votes to be voted by each landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing City Council. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327(b) of the Act. The City Clerk shall accept the ballots of the qualified electors in the City of Atascadero City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said location on the election day by the qualified electors. SECTION 8. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9. This Resolution shall take effect upon its adoption. Page 30 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of October, 2020. 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 A. Pierik, City Attorney Page 31 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 1A OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Robert C. Mannon P.O. Box 2359 Atascadero, CA 93423 031-231-003 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERVICES) ANNEXATION NO. 21 AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Resolution No. 2020-067 adopted by the City Council on September 22, 2020 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Boundary Map No. 21 of Community Facilities District No. 2005-1 (Public Services) City of Atascadero, County of San Luis Obispo, State of California” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses). YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________, 2020. Robert C. Mannon Signature Print Name Title Page 32 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and WHEREAS, this City Council on September 22, 2020, adopted its Resolution No. 2020- 068 entitled “Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as Annexation No. 22, and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District, stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, (ii) any registered voter residing in the territory proposed to be annexed to the District, (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 22 to the District has been filed with the County Recorder of the County of San Luis Obispo, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk. Page 33 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 2 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 22 of Community Facilities District No. 2005-1 (Public Services)” on file with the City Clerk and heretofore recorded in the San Luis Obispo County Recorder’s Office on September 30, 2020, in Book 6 at Page 30 of Maps of Assessment and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4. The provisions of the Resolution of Intention is, by this reference incorporated herein, as if fully set forth herein. SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided. SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District. SECTION 7. This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the District. Page 34 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 2 The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed. Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicates the number of votes to be voted by each landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing City Council. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327(b) of the Act. The City Clerk shall accept the ballots of the qualified electors in the City of Atascadero City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said location on the election day by the qualified electors. SECTION 8. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9. This Resolution shall take effect upon its adoption. Page 35 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of October, 2020. 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 A. Pierik, City Attorney Page 36 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 2A OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Cal Coastal Holding LLC Attn: Ted Lawton 242 El Dorado Way Pismo Beach, CA 93449 029-271-001 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERVICES) ANNEXATION NO. 22 AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Resolution No. 2020-068 adopted by the City Council on September 22, 2020 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Boundary Map No. 22 of Community Facilities District No. 2005-1 (Public Services) City of Atascadero, County of San Luis Obispo, State of California” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses). YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________, 2020. Ted Lawton Signature Print Name Title Page 37 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 3 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero, California, Authorizing the Annexation of Territory into Community Facilities District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 2020-067, entitled “Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as Annexation No. 21, and to Authorize the Levy of Special Taxes Therein” adopted by this City Council on September 22, 2020. SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election. SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be Page 38 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 3 fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings. SECTION 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act. SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of San Luis Obispo, an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of the Act. SECTION 7. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of October, 2020. 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 A. Pierik, City Attorney Page 39 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 3A EXHIBIT A City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on October 27, 2020, I canvassed the returns of the election held on October 27, 2020, for the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 Special Tax Election, October 27, 2020 BALLOT MEASURE: Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Resolution No. 2020-067 adopted by the City Council on September 22, 2020 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Boundary Map No. 21 of Community Facilities District No. 2005-1 (Public Services) City of Atascadero, County of San Luis Obispo, State of California” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses). YES: NO: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on October 27, 2020. By: Lara K. Christensen, City Clerk City of Atascadero Qualified Landowner Votes Votes Votes Votes 1 Cast YES NO Page 40 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 4 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero, California, Authorizing the Annexation of Territory into Community Facilities District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 2020-068, entitled “Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as Annexation No. 22, and to Authorize the Levy of Special Taxes Therein” adopted by this City Council on September 22, 2020. SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election. SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be Page 41 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 4 fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings. SECTION 5. It is hereby found that all prior proceedings and actions taken by th is City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act. SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of San Luis Obispo, an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of the Act. SECTION 7. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of October, 2020. 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 A. Pierik, City Attorney Page 42 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 4A EXHIBIT A City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 22 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on October 27, 2020, I canvassed the returns of the election held on October 27, 2020, for the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 22 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 22 Special Tax Election, October 27, 2020 BALLOT MEASURE: Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Resolution No. 2020-068 adopted by the City Council on September 22, 2020 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Boundary Map No. 22 of Community Facilities District No. 2005-1 (Public Services) City of Atascadero, County of San Luis Obispo, State of California” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses). YES: NO: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on October 27, 2020. By: Lara K. Christensen, City Clerk City of Atascadero Qualified Landowner Votes Votes Votes Votes 2 Cast YES NO Page 43 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 5 DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to the “Mello-Roos Community Facilities Act of l982”, being Chapter 2.5, Part l Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and park services (the “Services”) as provided in the Act; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the City of Atascadero, California, For the Formation of Community Facilities District No. 2005-l (Public Services” (the “Resolution of Formation”), which was adopted on May 24, 2005; and WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on October 27, 2020, adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien.” NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is on file in the City Clerk’s Office and incorporated herein by reference. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District. Page 44 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 5 SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation. SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation. SECTION 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Luis Obispo in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Luis Obispo for Fiscal Year 2021-22 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. SECTION 8. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage and before the expiration of fifteen (15) days after its final passage, in accordance with California law. A copy of the full text of this Ordinance shall be on file in the City Clerk’s Office on and after the date following introduction and passage and shall be available to any interested member of the public. SECTION 9. This Ordinance shall take effect 30 days from the date of final passage. Page 45 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 5 INTRODUCED at a regular meeting of the City Council held on October 27, 2020 and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on _______________, 2020 CITY OF ATASCADERO ____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 46 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 6 DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to the “Mello-Roos Community Facilities Act of l982”, being Chapter 2.5, Part l Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and park services (the “Services”) as provided in the Act; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the City of Atascadero, California, For the Formation of Community Facilities District No. 2005-l (Public Services” (the “Resolution of Formation”), which was adopted on May 24, 2005; and WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on October 27, 2020, adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien.” NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is on file in the City Clerk’s Office and incorporated herein by reference. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District. Page 47 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 6 SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation. SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation. SECTION 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Luis Obispo in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Luis Obispo for Fiscal Year 2021-22 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. SECTION 8. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage and before the expiration of fifteen (15) days after its final passage, in accordance with California law. A copy of the full text of this Ordinance shall be on file in the City Clerk’s Office on and after the date following introduction and passage and shall be available to any interested member of the public. SECTION 9. This Ordinance shall take effect 30 days from the date of final passage. Page 48 of 49 ITEM NUMBER: B-1 DATE: ATTACHMENT: 10/27/20 6 INTRODUCED at a regular meeting of the City Council held on October 27, 2020 and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on _______________, 2020 CITY OF ATASCADERO ____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 49 of 49