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ATASCADERO CITY COUNCIL
REGULAR MEETING
CiTY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
Tuesday, May 23, 1995
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Government Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified in the brief
general description of each item, the action that may be taken shall include: A referral to
staff with specific requests for information; continuance; specific direction to staff
concerning the policy or mission of the item;discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the item; adoption or
approval,• and, disapproval
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting or other services offered by this City, please contact the City
Manager's Office ((805) 461-50101 or the City Clerk's Office ((805) 461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL COMMENTS
PROCLAMATION:
o Honoring Charles Paddock, Atascadero's zoo founder
COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page)
A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are
considered to be routine, and will be enacted by one motion in the form listed
below. There will be no separate discussion on these items. A member of the
Council or public may, by request, have any item removed from the Consent
Calendar, which shall then be reviewed and acted upon separately after the
adoption of the Consent Calendar.
1. CITY COUNCIL MINUTES - May 9, 1995
City Clerk recommendation: Approve
2. CITY TREASURER'S REPORT - APRIL, 1995
Staff recommendation: Review and accept
3. GENERAL PLAN AMENDMENT 95001/ZONE CHANGE 95001 - Notice of
receipt of application to amend the General Plan and Zoning Map to change the
land use designation on the Ramona Road freeway frontage south of Del.Rio
Road from Suburban Residential to Service Commercial
Staff recommendation: Accept
4. RESOLUTION NO. 45-95 - Authorizing the issuance of the FY 1995-96 Tax and
Revenue Anticipation Notes (TRANs)
Staff recommendation: Adopt
5. RESOLUTION NO. 46-95 - Authorizing the execution of a contract retiring
Henry Engen
Staff recommendation: Adopt
B. PUBLIC HEARINGS:
1. 1995 WEED ABATEMENT PROGRAM
A. Authorize the Fire Chief to abate the nuisance of noxious or dangerous
weeds on lots identified in Resolution No. 32-95 (Adopted 4/25/95) -
Staff recommendation: Approve
B. Resolution No. 43-95 - Authorizing the execution of a contract with Jack
R. Bridwell to abate weeds
Staff recommendation: Adopt
C. REGULAR BUSINESS:
1. PRESENTATION ON SOUTH ATASCADERO GENERAL PLAN AMENDMENT
Staff recommendation: Provide staff direction, if necessary.
2
2. FALCON CABLE TV - Consideration of 10-year contract extension
Staff recommendation: Provide staff direction to come back with a contract
3. RESOLUTION NO. 40-95 - Authorizing a Memorandum of Understanding with
community media (cont'd from 5/9/95)
Staff recommendation: Adopt
4. RESOLUTION NO. 31-95 - Approving an Interim Investment Policy(cont'd from
4/25/95)
Staff recommendation: Adopt
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Govern ments/S.L.0. Regional Transit Authority.
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
4. Economic Round Table
5. Finance Committee
6. Highway 41 Realignment Community Advisory Committee
7. Air Pollution Control District
8. Upper Salinas River Coordinated Resource Management and Planning
Committee
9. North County Council
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
F. CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Andrew Takata
Employee organization: Management Employees
3
RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation,-please familiarize yourself with the following rules of
decorum:
o Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
o Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
O No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
o A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
O Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
o The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
o The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
o A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
o State law does not allow the Council to take action on issues not on the
agenda; staff may asked to follow up on such items.
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HONORING CHARLES PADDOCK (1922-19I80)
FOR FOUNDING THE ATASCADERO Zop
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WHEREAS, This year marks the 40th anniversary of the Atascad�ro zoo; and
WHEREAS, The zoo's founder, Charles Paddock, was an enthusiastic citizen, community
volunteer and a leader for the Boy scouts of America--cubs, scouts and exyorers; and
WHEREAS, Known by many as a 'yossibilq thinker", Charles was �ighly determined and
resourceful in all yrojects or tasks he took on; and
WHEREAS, According to written records, Charles, then a San Luis obisyo county Park
Ranger, officially began the Atascadero zoo in 1955 with one critter—a yossum named "Cosmo
Toyyer"—and by 1961 had added a deer, a fox, a bobcat, a badger, is raccoon, a coyote,
"shovelnose" the alligator, a tortoise and two large aviaries filled with exotic birds;
WHEREAS, Named after Paddock in 1977 by the County Board of 5uyervisors and turned
over to the City o f Atascadero uyon incoryoration in 1979, the zoo achieved accreditation in
March o f 1991 by the American Association o f Zoological Parks and Aquariums (AAZPA);
NOW, THEREFORE, I David Bewley, Mayor of the City of AWcadero, do hereby
recognize his contribution o f leaving the legacy o f a zoo our community;
FURTHERMORE, All citizens are encouraged to attend a _syeci�l tribute to Charles
Paddock on Saturday, June 3rd, at the zoo and yark facilities as yarf of the 40th Anniversary
festivities.
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R. DAVID BELEY, Mayor
City of Atascadero, CA
j
Dated: May 23, 1995
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Agenda Item: A-1
Meeting Date: 05/23/95
ATASCADERO CITY COUNCIL
MAY 9, 1995
MINUTES
The-Mayor called the meeting to order at 7:05 p.m. Councilpersojn Johnson led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Johnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Erlgen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; and Lt.
John Barlow, Police Department
PROCLAMATIONS:
The Mayor read the proclamation expressing appreciation to CalTrans for prompt
replacement of Curbaril Bridge and presented it to Orville Morgan„ Division Chief of
Maintenance for CalTrans.
The Mayor proclaimed the month of April 1995 as "Earthquake Preparedness Month"
and presented the proclamation to Lt. John Barlow of the Atascadero Police
Department.
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Mayor Bewley read the proclamation for "Be Kind to Animas Week", May 7-13, 1995
and presented it to Sandra Rakstraw, President of the North County Humane Society.
Andy Takata, representing the governing board of Twin Cities Hospital, accepted the
proclamation for Emergency Medical Services Week", May 14-20, 1995.
The Mayor read and presented the proclamation for "Head Start Month", May 1995
to Paula Tripp of the Economic Opportunity Commission.
Accepting on behalf of the Atascadero Mutual Water Company Board of Directors,Jim
Patterson received the proclamation for "Water Awareness Month% May 1995.
COMMUNITY FORUM:
Eric Greening announced that this year's "Festival of the Oaks" celebration will be
held on Saturday, May 13 from 9:00 a.m. to noon and will take place at ;the'
Atascadero Lake Park. He mentioned that there will be a multi-course seminar on all
aspects of living in the Oak wild land and encouraged attendance.
William Zimmerman, 6225 Lomitas, suggested the use of speaker cards to alert the
Mayor of who desires to address the Council on what subject.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - April 25, 1995
City Clerk recommendation: Approve
2. APPROVAL OF WARRANTS FOR THE MONTH OF APRIL, 1995
Staff recommendation: Review and accept
3. RESOLUTION NO. 34-95 - Authorizing execution of Proposition 116 fund
transfer agreements for EI Camino. Real and Traffic Way bikeway projects
Staff recommendation: Adopt
4. APPROVAL OF MEMORANDUMS OF UNDERSTANDING (MOUs) WITH
EMPLOYEE BARGAINING UNITS
A. Resolution No. 35-95 - Mid-Management Unit
B. Resolution No. 36-95 Atascadero Sergeants Service Organization
C. Resolution No. 37-95 - Atascadero Police Officers Association
D. Resolution No. 38-95 - Atascadero Public Safety Technicians
Organization
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E. Resolution No. 39-95 - Confidential Unit
Staff recommendation: Adopt
5. ECONOMIC ROUND TABLE - Revisions to Resolution No. 01-95 re: membership
Staff recommendation: Adopt
Councilman Highland pulled Item #A-5. Councilman Luna pulled Item #A-3.
Councilman Carden requested clarification on an item noted in the Minutes (#A-1)
relating to redevelopment costs (determining blight). Andy Takata satisfactorily
responded.
MOTION: By Councilman Highland,Councilman Luna to approve the Consent
Calendar, Items #A-1, 2 and 4; motion passed 5:0 by roll call
vote.
Re: Item #A-3. RESOLUTION NO. 34-95 - Authorizing execution of Proposition
116 fund transfer agreements for EI Camino Real and Traffic Way
bikeway projects
Staff recommendation: Adopt
Councilman Luna noted that neighborhood meetings will be scheduled to take input
on the bikeway projects as part of the "Routes to School" program. He encouraged
staff to notify the entire community of these meetings and to make every effort to
. inform the public about the improvements before they are constructed.
MOTION: By Councilman Luna, seconded by Councilman Highland to adopt
Resolution No. 31-95; motion carried 5:0 by roll call vote.
Re: Item #A-5.ECONOMIC ROUNDTABLE - Revisions to Resolution No. 01-95 re:
membership
Staff recommendation: Adopt
Councilman Highland noted that the ex-officio utility company representative should
be able to vote. It was agreed to amend Section 1.6 of the revised resolution by
removing the language, "to serve in an ex-officio capacity".--
MOTION:
apacity"._MOTION: By Councilman Highland, seconded by Councilman Luna to
approve Item #A-5, as amended; motion carried unanimously.
B. PUBLIC HEARINGS: None scheduled.
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C. REGULAR BUSINESS:
1. LIGHTING THE LAKE= - Consideration of request by the Rotary Club of •
Atascadero for support of club project to provide decorative lights along an
improved walking path around Atascadero Lake
Staff recommendation: Endorse and refer to Parks & Recreation Commission
Brady Cherry provided the staff report and recommendation.
Public Comments:
John Vial, President of the Atascadero Rotary Club, presented an overview of the
lighting project. He reported that a small survey has been conducted of neighbors
around the Lake and fifteen homeowners support the project so far. He submitted to
the City Clerk a petition of support (see Exhibit A) and responded to questions from
the Council, regarding maintenance costs, construction materials and the time
estimated for completing the project. Councilman Johnson asked what permit fees
would be required. Mr. Vial indicated that four permits will be required at an
estimated cost of $2,200. Councilman Johnson commented that he would like to
see consideration be given by the City Council of waiving these fees.
Mr. Vial reported that sponsors are being sought for each of the 49 lamp posts and
announced that the Rotary Club already has a commitment for 12 lamp posts, adding
that the concept has not yet be publicized. .
Jim Edwards, 2800 El Camino Real, spoke in favor of the project and noted that the
Mid-State Car Cruisers Club is considering making a donation to the project.
Eric Greening complimented the Rotary Club for public spiritedness and suggested that
smaller foot lamps might delineate the pedestrian path without producing too much
light.
---End of Public Testimony---
Brady Cherry mentioned that there has been discussion about changing Lakeview
Drive to a one-way street and proposed that this matter be taken up by the Parks &
Recreation Commission. Councilman Luna recommended that the Traffic Committee
review this concept and, further, that any public hearing regarding this matter be well-
noticed. Andy Takata suggested that the Rotary project and Lakeview Drive be
studied separately. He also mentioned that two members of the City Council are also
members of the Rotary Club and confirmed that the City Attorney has indicated that
there is not a potential conflict.
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MOTION: By Councilman Highland, seconded by Councilman Johnson to
• endorse the Rotary Club project and refer the matter to the Parks
& Recreation Commission; motion carried 5:0.
The matter of changing Lakeview Drive to one-way was referred to the Parks
& Recreation Commission and to the Traffic Committee as a separate item.
2. REQUEST TO NAME BALLFIELD IN MEMORY OF THE LATE JARED T.
CUNNINGHAM
Staff recommendation: Approve and refer to Parks & Recreation Commission
Brady Cherry provided the staff report and recommendation. Councilman Johnson
spoke in support of the staff recommendation to address a policy on naming public
facilities before it proceeds with this request. Councilman Luna concurred.
Public Comments:
Eric Gobler, 9110 Atascadero Avenue, spoke in favor of the request to name the
ballfield after the late Jared Cunningham.
Lee Cunningham, 8965 Junipero, expressed gratitude to the Council for considering
the request and explained that Jared's memory is deserving of the honor.
. ---End of Public Testimony---
Individual Council comments followed in general support of the proposal. There was
mutual agreement, however, that a policy should be established before moving
forward with approval. By consensus, the matter was referred to the Parks &
Recreation Commission to formulate a public facility naming policy to be considered
for future adoption by the City Council.
3. 1996 GENERAL MUNICIPAL ELECTION - Selection of Municipal Election date
Staff recommendation: Change municipal election date to November cycle
The City Clerk provided the staff report and recommendation. Councilman Luna
exhibited on the overhead projector a spreadsheet to illustrate.costs per voter (see
Exhibit B).
Councilman Highland noted that the chief advantage of moving the election date to
November is a higher voter turnout at a lower per voter cost. He added that the
disadvantage is that the election would take place at the beginning of the holiday
period and suggested that the Council consider changing the terms of office to run
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from January to January. The City Attorney advised that State Law sets forth terms
of office for elected officials in a general law city and will, therefore, prohibit
Atascadero from establishing other term dates.
Mayor Bewley and Councilman Johnson voiced support for the recommendation to
move the election date to November because costs are predicted to be lower.
MOTION: By Councilman Luna, seconded by Councilman Carden to send the
matter back to staff with direction to draft an ordinance moving
the municipal election date from June to 'November; motion
passed unanimously.
The City Manager noted that the City Council will need to address in the near future
terms for the Mayor and Mayor ProTem, as well as committee assignments.
4. LAFCO - Proposed revisions to LAFCO's "Standards for the Evaluation. of
Proposals"
Staff recommendation: Provide
staff direction
Henry Engen introduced the item. Councilman Highland stated that it appears that
LAFCO has exceeded authorityspecified b State Law and in doing so has
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overstepped in two instances in the Paso Robles area. He asserted that LAFCO, by
proposing revisions to certain standards for the evaluation of proposals, may be
attempting to extend their criteria authority beyond annexation matters.
Responding the inquiry from Councilman Luna, the City Attorney clarified that State
Law requires a public entity to determine whether or not an annexation project will
have impacts that would justify environmental review. He reported that LAFCO
specifically does not have the power to plan and zone; and confirmed that LAFCO's
responsibility is to coordinate different governments to insure that annexations will get
necessary services, etc.
Additional Council comments followed. There was mutual agreement to direct staff
to send a letter of protest to LAFCO and, in addition, send a letter to the Attorney
General requesting an opinion on the matter.
Public
Comments:
Paso Robles residents Janice Nelson, Dawn Zmugg and Jane Janice provided
information regarding the "Santa Ysabel Ranch" project proposed for the City of EI
Paso de Robles and spoke in support of LAFCO actions concerning this project. They
individually urged the City Council to reserve any action it may take to that which is
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specifically related to the City of Atascadero.
. ---End of Public Testimony---
Councilman Highland clarified his objection and reiterated his concern. Mayor Bewley
pointed out that he was not familiar with the Santa Ysabel Ranch project and
emphasized that the City Council was not planning on taking any action that would
specifically affect it, or any other project. Councilman Carden mentioned that he was
in agreement with the comments set forth in Mayor Allen Settle's letter (City of San
Luis Obispo), included in staff report.
5. RESOLUTION NO. 41-95 -Authorizing agreement with the Atascadero Recrea-
tion Center Committee for funding of a Youth Coordinator position and related
costs
Staff recommendation: Adopt
Brady Cherry provided the staff report and recommendation to approve. Councilman
Luna expressed appreciation to the Atascadero Recreation Center Committee (ARCC)
for its generous contribution and commented that he was hopeful that the project
would place emphasis on teens.
Public Comments:
• Susan Warren, ARCC board member, spoke in support of the staff recommendation.
She explained that local youth are anxious to get the center open and the committee
feels that this approach is a way to motivate teens and establish some programs.
ARCC is also hoping to start dedicating more time to fund-raising, she added.
Eric Greening commented in support of the recommendation and suggested that the
Youth Center will provide programs that will keep at-risk kids out of trouble.
---End of Public Testimony---
Councilman Carden requested additional information about future Youth Center costs.
Brady Cherry reported that ARCC has new motivation and lots-of plans, but noted that
it is not the intent of the committee to continue covering costs indefinitely.
Councilman Johnson expressed appreciation and mentioned that he hopes the City
will soon be able to assume responsibility.
MOTION: By Councilman Johnson, seconded by Councilman Carden to
adopt Resolution No. 41-95; motion carried unanimously by roll
call vote.
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6. RESOLUTION NO. 40-95 - Authorizing the execution of a MOU with the
consortium for Community Media
Staff recommendation: Adopt
Brad Whitty provided the staff report and recommendation. Ellen Sturtz, County
Franchise Administrator, outlined benefits of joining the countywide consortium for
community media (Public, Education & Government, ,aka PEG). She provided a list of
the consortium membership and spoke in favor of approval. Questions and comments
followed.
Councilman Luna asked the Finance Director what percentage of the Cable franchise
fee is $1 ,800 (fiscal impact of this action). Mr. Whitty reported that the percentage
is 1 .6%. Franchise fees, he noted, are placed directly into the General Fund.
Councilman Luna commented in support of approval.
Councilman Carden remarked that the City does not have enough channels or fiber
optics to take advantage of PEG. He also questioned whether or not it is appropriate
for governing bodies to become the driving force; indicating that it might best be
accomplished by the business community. Andy Takata reported that Falcon Cable
TV has indicated that it will take two years to put in fiber optics and mentioned that
the City is negotiating for four information channels (two for the school district, two
for the City), a public access channel and an option for another channel in the future
as part of Falcon's request for a 10-year extension of the franchise agreement (to be
addressed 5/23/95). •
Mayor Bewley asked if there is a deadline for joining the consortium. Ms. Sturtz
commented that she is planning on taking the memorandum of understanding to the
Board of Supervisors for approval on May 23, 1995.
MOTION: By Councilman Luna to approve Resolution No. 40-95; motion
died for lack of a second.
MOTION: By Councilman Carden seconded by Councilman Johnson to delay
the item until after the Falcon Cable TV franchise agreement
discussion; motion passed 4:1 (Luna).
7. ORDINANCE NO. 287 - Proposed amendment to Zoning Ordinance text
comprehensively amending the uses allowed in the CN Neighborhood
Commercial zone (Hawkins Plaza/Golden West Development)
Staff recommendation: (1) Motion to adopt on second reading by title only)
Mayor Bewley stepped down due to a potential conflict of interest. Mayor ProTem
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Highland took the gavel. Henry Engen presented the brief staff report. There were
no questions from the Council and no public testimony.
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Ordinance No. 287 on second reading; motion passed 4:0 by roll
call vote.
Mayor Bewley returned to deliberations.
D. COMMITTEE REPORTS (The following represent ad- hoc or standing
committees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority -
Councilman Carden reported that summer youth passes will soon go on
sale for $15.00 for 15 weeks and noted there will be special bus service
to the Mid-State Fair. In addition, he noted that COG had voted to join
as a friend of the community media consortium but had not authorized
any funding.
2. Economic Round Table - Councilman Johnson reported that the Round
Table will meet on Wednesday, May 17th.
3. Finance Committee - Councilman Luna reported that the committee will
. meet Monday, May 15th at 3:30 p.m.
4. Air Pollution Control District - Councilmember Highland announced that
his appointment has been ratified by the City Selection Committee and
announced that the next meeting will be Wednesday, May 24th.
5. North County Council Councilmember Highland reported that the
Executive Committee will meet Thursday, May 18th at 7:00 at the Lake
Park Pavilion.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmembers Johnson and Highland shared that they each had received a call from
a member of the public in support of a recently introduced drug awareness program.
Councilmember Highland requested a status report from the City Attorney on
recovering costs associated with O'Keefe v. City. Art Montandon reported that the
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Page 9
•
only costs that will be recovered are those associated with preparation of the record.
He added that governmental agencies are not usually awarded attorney fees.
2. City Treasurer
Micki Korba provided highlights of the California Municipal Treasurers' Conference.
F. CLOSED SESSION:
The Mayor adjourned Open Session to Closed Session at 9:36 p.m.
1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation: Nine (9) cases
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: City of Atascadero v. Orange County
3. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Andrew Takata
Employee organization: Management Unit
Closed Session was adjourned at 10:50 p.m. There were no announcements.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MAY
23, 1995 AT 7:00 P.M.
MINUTES RECO"R AND PREPARED BY:
i
L PRICE, ity Clerk
Attachments: Exhibit A (Petition)
Exhibit B (Voter Turnout)
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ROTARY CLUB OF t.TASCADERO CC05/09/95
"LIGHT THE LAKE' PROJECT EXHIBIT A
-7-7q- PETITION OF SUPPORT
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CC 05/09/95
EXHIBIT B
Year Registered Voters Voters Turnout(%)
Nov-94 13109 8865 68%
Jun-94 13109 6472 49%
Apr-94 13109 3363 26%
Mar-96 Nov-96
Estimated Registered Voters 13500 14000
Estimated Cost (max) $25,440 $ 16,280
Estimated Turnout(%) Cost/Voter Cost/Voter
45% $4.19 $2.58
47% $4.01 $2.47
49% $3.$5 $2.37
... . .... ........ ...
................................................................
51 % $3.69 $2.28
53% $3.56 $2.19
55% $3.43 $2.11
57% $3.31 $2.04
59% $3.19 $ 1 .97
61 % $3.09 $ 1 .91
63% $2.99 $ 1 .85
65% $2.90 $ 1 .79
........... ..... .........................
67% $2.81 $ 1 .74
69% $2.73 $ 1 .69
71 % $2.65 $ 1 .64
73% $2.58 $1 .59
75% $2.51 $ 1 .55
77% $2.45 $ 1 .51
79% $2.39 $ 1 .47
81 % $2.33 $ 1 .44
83% $2.27 $ 1 .40
85% $2.22 $ 1 .37
1
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item A-2
Through: Micki Korba, City Treasur r 41�eeting Date: 5/23 /95
From: Brad Whitty, Finance Direc o
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SUBJECT: Treasurer's Report - April, 1995
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer' s Report, April, 1995
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CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF APRIL (Unaudited)
GENERAL FISCAL
-ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. TREASURER'S $306,684 6,078,687 500,274 $6,885,645
BALANCE
RECEIPTS 2,299,657 29,318 -0 2,327,647
DISBURSEMENTS < 818,449> -0- < 1, 197> <819,646>
TRANSFERS IN 1,360,000 2,360,000 -0- 3,720,000
TRANSFERS OUT <2,360,000> <1,360,000> -0- <3,720,000>
OTHER -0- -0- -0-
BALANCE
0 BALANCE $787,892 7, 108,005 499,077 $8,394,974
DEPOSITS IN 9,668
TRANSIT
CHECKS OUTSTANDING - <134,090>
ADJUSTMENTS 19
ADJUSTED TREASURER'S BALANCE $8,270,571
CITY OF ATASCADERO,'
MURIEL C KORBA
City Treasurer
a:treas-rpt #40
ALL FUNDS - GENERAL ACCOUNT/INVESTMENTS
RESERVED UNRESERVED
CASH ( 1) CASH (2)
FUNDS
general Fund Pooled Cash $ $ 172,652
s Tax Fund Pooled Cash 50,286
evelopment Fee Pooled Cash 83
Donations Pooled Cash 5,236
A.D. #4 - Reserve Pooled Cash 50,497
Zoo Enterprise Pooled Cash < 13,761>
92 St.A.D. Resrv. Pooled Cash 45
Payroll Trust Pooled Cash < 48,711>
TRAN Repayment Pooled Cash 1,361, 163
95 CDBG Pooled Cash < 1,608>
93 STBG-688 Pool Cash 5,699
93 EDBG-268 Pool Cash 970
Dial-A-Ride Pooled Cash 140,717
Wastewater Fund Pooled Cash 2, 191,423
Lake Park Pavil. Pooled Cash < 12,957>
Aquatics Pooled Cash < 15,222>
Recreation Pooled Cash < 44,298>
Tree Plant Fund Pooled Cash 34,617
Tree Assn Fund Pooled Cash < 63>
Sidewalk Trust Pooled Cash 50,477
Emergency Services Pooled Cash 6, 144
Police Training Pooled Cash < 1,086>
Weed Abatement Pooled Cash 38, 148
A.D. #3Redemptn. Pooled Cash 7,295
A.D. #4 Redemptn. Pooled Cash 22,007
A.D. #5 Redemptn. Pooled Cash 2,684
Cant
ino Real Redm Pooled Cash 47,584
Street A.D. Redemptn Pooled Cash 47, 876
a Rosa AD #7 <107>
89 COP Debt Svc Pooled Cash 75,602
Capital Project Pooled Cash < 26,341>
' 89 COP Const. Pooled Cash -0-
Pol. Dev. Fees Pooled Cash 4,648
Fire Dev. Fees Pooled Cash 70, 096
P&R Dev. Fees Pooled Cash 41,659
Drain. Dev. Fees Pooled Cash 409,528
Amapoa-Tec. Fee Pooled Cash 236, 114
Public Works Pooled Cash 38,874
St. Main. Dist. Pooled Cash 89,508
TDA Non-Transit Pooled Cash =--'.31, 120
Sewer Facilities Capital 21,074,054
Camino Real Const. Pooled Cash 223,911
Las Encinas Const. Pooled Cash 145,311
3F Meadows Const. Pooled Cash 110,821
Santa Rosa A.D. #7 Pooled Cash 48,499
TOTAL ALL FUNDS 1,663,400 $6,108,094
CASH WITH FISCAL AGENT
Camino Real Resr Cash $ 202,766
92 St. A.D. Resv Cash 45,684
Wastewater Fund Cash 51,586
ino Real Redm. Cash 32
St. A.D. Redm. Cash 115
89 COP Debt Svc. Cash 198, 894
TOTAL WITH FISCAL AGENT $ 499,077
TOTAL RESTRICTED AND Q0 r JJ
UNRESTRICTED CASH $8,270,571
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND
LOCAL AGENCY INVESTMENT FUND
4/30/95
INTEREST •
TIME DEPOSITS: AMOUNT RECEIVED (4)
Orange County Investment Pool/TRAM $ 54,354(6) $ 29,354
Orange County Investment Pool 3,673, 005(6) 115,021
Local Agency Investment Fund - Reg. 2,020,646 31,760
Local Agency Investment Fund - TRAN 1,360, 000(3)
TOTAL TIME DEPOSITS $7,108,005 176, 135
Mid-State Interest Received 6,666
TOTAL INTEREST RECEIVED $182,801(5)
Notes:
( 1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) The City must repay the $1,300, 000. Tax Revenue Anticipation Note
(IRAN) from this fund including $59,634 interest at 4.60% per annum by
July, 1995.
(4) April, 1995 interest yields were as follows:
Orange County Not available
LAIF 5.96%
Mid-State 2.63%
(5) This is actual amount deposited to City accounts through April 30,
1995 and does not reflect interest amounts accrued but not received.
Also not included above are interest amounts earned in Fiscal Agent or
County accounts, which are used for bond retirement purposes.
(6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the
courts. The City had $5,082,641 in the Orange County Investment Pool
(OCIP) as of that date. The City withdrew $1,355,282 from the OCIP on
January 26, 1995. No interest has been posted to the City' s OCIP
account since September, 1994. The City is expected to receive
another cash distribution on May 19, 1995. The distribution will be
77 cents on the dollar against the original December 6th balance, less
the amount drawn on 1/26/95.
0,00; 4
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-3
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Through: Henry Engen, Meeting Datel: May 23, 1995
Community Development I
Director j
From: h Doug Davidson, Senior Planner File; No: GPA 95001
ZC 95001
SUBJECT:
t
A request to change the General Plan Land Use Map a ong the
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Ramona Road freeway frontage from Suburban Residental to Service
Commercial. The study area will encompass the Ramo0a Road
freeway frontage from Del Rio south to Graves Creek, exclusive of
the existing Commercial Tourist (CT) corner at Del Rio. In order
to maintain consistency, a corresponding Zoning Map change from
Residential Suburban to Commercial Service (CS) will be
considered. 3
RECOMMENDATION:
Continue processing General Plan Amendment 95001/Zone Change
95001 for further consideration as called out in Re
• 26-95, adopted March 28, 1995. i
solution No.
BACKGROUND:
On November 25, 1994, the Planning Commission recommended
initiation to the City Council of General Plan Amendment 94002
(Richard Beck) to change the RS designation of the ;Ramona Road
freeway frontage to CT. On December 13, 1994, the City Council
decided not to initiate the request.
On March 18, 1995, General Plan Amendment 95001 was received for
inclusion into the April 1995 cycle. This was the 'Only
application received prior to the April 1st deadline. The
request covers the same area as the original reques�, but
proposes a Commercial Service designation as• opposed to
Commercial Tourist. As outlined in recently ' adopte Resolution
26-95, this application is being forwarded to the C:)uncil as- an
information item. The Planning Commission was notified of this
application at the May 2, 1995 meeting. Staff willforward a
recommendation to the Commission after the environmental review
and analysis has been conducted. Public hearings wll be held at
that time. It is anticipated that the environmental review
process will result in the requirement for an Envir nmental
Impact Report (EIR) .
Attachments: Study Area Map
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Q�isa J5
CITY OF ATASCADERO GPA 95001/zc 95001
Rra
4n AREA STUDY MAP
COMMUNITY DEVELOPMENT
®0 DEPARTMENT
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REPORT TO CITY COUNCIL Me e t i , g Da t e: 5/23/95
CiTY OF ATASCADERO Agen a Item: A-4
Through: Andy Takata , City Manager
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From: Bradford Whitty, Finance Director ARa
SUBJECT:
Approving California. Statewide Communities Development
Authority 1_995 Tax and Revenue Ant i c i pa.t ion Not+s (TRANS )
RECOMMENDATION;
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Staff
recommends approving Resolution No' 45-95 .
a�)thori7ing the. issuance of the FY 95-96 TR ,�NS in an
amount not-to-exr_.eed 51 . 00 , 000 .
BACKGROUND:
This is the fourth year that the City has pursu6d a TRANS
for the purpose of evening cash frows for the General
Fund .
Attached to this st.a.ff report is Staff ca.l cu l�a.t inns of
estimates for the TR_ANs issue , a. time and re=.sn 'nsihi. lity
schedule , the Local Agency Resolution , a.nd! Purchase
Agreement ,
tin i i ke, the previous ye.a.rs TRANS whirh were done
independently, this TR.ANs is being sought under a
Statewide pool . This is being clone for severa.j reasons .
First ; the costs associated with the issuances are less
than the independent method . An example is the
administration time needed to process docitm-en a.tion a.nd
the methodology used in the prepa.ra.tion . -Another is the
City' s financial credit -rating ha.s been downgraded making
it more difficult -and costly to obtain an independent
TRANS . Please note that there is no gua.ra.nte� that. the
City will obta.in a. 95-96 TR.ANs ,
DISCUSSION:
The Finance Committee has met several times reg .rding the
FY 95-96 TR.ANs issue and ha.s voted to recommend to the
Council that the City proceed with the issua.nde .
If the Council declines to pursue the TRANSor if the-
Bond Counsel declines our application for the 'TR.AN, the
impact on the City would he more severe , The General
Fund would operate in a. cash deficit. position through
the f i rat a
five months of the fiscal yer , The and would
have to borrow f_ nm another fund that cojiid _
egaily lens ,
and the lending fund would have to charge interest at. the
rate that it would have earned if it had use of the
money . This " lending" assumes that the fund has the
wherewithal to do so without hindering it ' s own activity.
FTSCAL IMPACT
Estimated income from TRAN issuance is around $1 , 000 ,
possibiy more , Additiona.liv, expenditures a.re decreased
through the administration processes and obligating other
_funds revenues which would otherwise. be used to perform
their functions ( ie . , ma.intena.nce R. capital programs )
0O ;
Attachment A
1995-96 TRANs Issuance Earnings
11 Estimated Maximum Interest = 5 . 25%
Based on Sutro ' s expectations , wornt , case scenario .
21 Estimated Interest Earnings = 6 . 20%
Based on review of LAIF trends , Bank of America forecasts .
31 Projected Interest Rate Spread = 957.
Difference between 1 and 2 above .
Calculation of interest Earnings
, 95% X $113001000 = $ 12 , 350
issuance Costs (Based on % of Par )
Legal & Rating Fees 10 , 140
Underwriting Fees 1 . 300
Estimated TRAN Costs 11 , 440
Estimated TRAN Earnings $ 910
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
1995 Pooled Tax and Revenue Anticipation Note Program
Time and Responsibility Schedule
(as of May 10, 1995)
Working Group List
CSAC: California State Association of Counties
League: League of California Cities
FA: H.B. Capital Resources, Financial Advisor
OH&S: Orrick Herrington & Sutcliffe, Bond Counsel
Sutro: Sutro & Co. Incorporated, Senior Managing Underwriter
JHH&W: Jones Hall Hill & White, Underwriters Counsel
RA: S&P and/or Moody's, Rating Agencies
UST: U.S. Trust Company, Trustee
CFP: Capital Guaranty, Credit Facility Provider
Date Event Responsibility
01/11/95 Distribute letter announcing program. Sutro, CSAC, League
Complete
01/25/95 - Regional presentations. Sutro, et at.
02/14/95 .
Complete
02/22/95 Distribute Resolution/Document signature Packages Sutro, Orrick
Complete to all Participants in 1994 CSCDA IRAN Pool
Program.
03/31/95 General Information Questionnaire deadline. Local Agencies
Complete
03/31/95 - Distribute Resolution/Document signature packages Sutro, Orrick
04/21/95 to new Participants.
Complete
04/14/95 Cash Flow Worksheet deadline. Local Agencies
Complete
Distribute Draft Trust Indenture to working group. OH&S
05/15/95 Distribute Draft Preliminary Official Statement. JHH&W
05/15/95 - Distribute Credit and Cash Flow information to Sutro
05/19/95 Rating Agencies, Orrick and CFP.
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SUTR)&Lco
InWslmmt P"esanrnh Sirrc lash
001 -0
Date Event Responsibility
05/26/95 Distribute revised documents (include OH&S, JHH&W
Rating Agencies).
05/31/95 All Governing Board Approvals complete. Local Agencies
06/02/95 Receive ratings. RA
Deliver POS to Printer. JHH&W, Sutro
06/08/95 Mail Preliminary Official Statement. All
06/15/95 Price Notes. All
06/16/95 - Finalize and-sign documentation. All
07/05/95
07/05/95 Pre-closing. All
07/06/95 Closing. All
SUTR DGM.
Invesmxrrt N*1%-evds S.-18-S . service.
CITY OF ATASCADERO
LOCAL AGENCY RESOLUTION
NUMBER 45-95
RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF
FUNDS FOR FISCAL YEAR 1995-1996; TAE"ENTERING INTO
AN AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT; THE ISSUANCE AND SALE OF
A 1995-1996 TAX AND REVENUE ANTICIPATION NOTE
THEREFOR AND PARTICIPATION IN THE CALIFORNIA
COMMUNITIES CASH FLOW FINANCING PROGRAM
WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive,
of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Parr 1,
Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;
WHEREAS, the legislative body (the "Legislative Body") of the local agency specified
in Section 25 hereof (the "Local Agency") has determined that a sum (the "Principal Amotmt"), not to
exceed the Maximum Amount of Borrowing specified in Section 25 hereof, which Principal Amount is
to be confirmed and set in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the
requirements of the Local Agency, to satisfy obligations of the Local Agency, and that it is necessary that
said Principal Amount be borrowed for such purpose at this time by the issuance of a note therefor in
anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by
the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30,
1996 ("Fiscal Year 1995-1996");
WHEREAS, the Local Agency hereby determines to borrow, for the purposes set forth
above,'the Principal Amount by the issuance of the Note (as hereinafter defined);
WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the
Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent(85%)
of the estimated amount of the uncollected taxes, income, revenue(including, but not limited to, revenue
from the state and federal governments), cash receipts and other moneys of the.Local Agency attributable
to Fiscal Year 1995-1996 and available for the payment of the principal:_-of the Note and the interest
thereon;
WEEREAS, no money has heretofore been borrowed by or on behalf of the Local
Agency through the issuance of tax anticipation notes or temporary notes in anticipation of the receipt
of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for Fiscal Year
1995-1996;
WHEREAS, pursuant to Section 53856 of the Act,certain moneys which will be received
by the Local Agency during and attributable to Fiscal Year 1995-1996 can be pledged for the payment
of the principal of the Note and the interest thereon (as hereinafter provided);
Copyright, 1995, Orrick, Herrington &Sutcliffe. AH rights reserved.
LAI-100264.1 NEWCSCDA MEMBER RESOLUTION
0 C)
WHEREAS, the Local Agency has determined that it is in the best interests of the Local
Agency to participate in the California Communities Cash Flow Financing Program (the "Program"),
whereby participating local agencies(collectively,the"Issuers")will simultaneously issue tax and revenue.
anticipation notes;
WHEREAS, the Program requires the participating Issuers to sell their tax and revenue
anticipation notes to the California Statewide Communities Development Authority (the "Authority")
pursuant to note purchase agreements (collectively, "Purchase Agreements"), each between such
individual Issuer and the Authority,and dated as of the date of the..'Pricing Confirmation, a form of which
has been submitted to the Legislative Body;
WHEREAS,the Authority,in consultation with Sutro&Co.Incorporated,as underwriter
for the Program (the "Underwriter"), will form one or more pools of notes (the "Pooled Notes") and
assign each note to a particular pool (the "Pool") and sell a series (the "Series") of bonds (the "Bonds")
secured by each Pool pursuant to an indenture (the "Indenture") between the Authority and U.S. Trust
Company of California, N.A., as trustee(the "Trustee"), each Series distinguished by whether or what
type(s) of Credit Instrument(s) (as hereinafter defined) secure(s) such Series, by the principal amounts
of the notes assigned to the Pool or by other factors, and the Local Agency hereby acknowledges and
approves the discretion of the Authority to assign the Note to such Pool and such Indenture as the
Authority may determine;
WHEREAS, as additional security for the owners of each Series of Bonds, all or a
portion of the payments by all of the Issuers of the notes assigned to such Series may or may not be
secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being secured in
whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or
proceeds of a separate bond issue issued for such purpose(the "Reserve Fund")or other credit instrument
(or instruments) (collectively, the "Credit Instrument") issued by the credit provider or credit providers
designated in the Indenture, as finally executed(collectively, the "Credit Provider"), pursuant to a credit
agreement or agreements or commitment letter or letters or, in the case of the Reserve Fund, an indenture
(the "Reserve Indenture") (collectively,the "Credit Agreement") between(i) in the case of an irrevocable
letter (or letters) of credit or policy (or policies) of insurance, the Authority and the respective Credit
Provider and (ii) in the case of the Reserve Fund, the Authority and U.S. Trust Company of California,
N.A., as trustee of the Reserve Indenture (the "Reserve Trustee");
WHEREAS, if, as designated in the Pricing Confirmation, the Credit Instrument is the
Reserve Fund, bonds issued pursuant to the Reserve Indenture (the "Reserve Bonds") may, as indicated
in the Pricing Confirmation, be secured by an irrevocable letter of credit or policy of insurance or other
credit instrument(the "Reserve Credit Instrument") issued by the credit provider identified in the Reserve
Indenture as finally executed (the "Reserve Credit Provider"), pursuant -to a credit agreement or
commitment letter (the "Reserve Credit Agreement") identified in the Reserve Indenture as finally
executed, such Reserve Credit Agreement being between the Authority and the Reserve Credit Provider;
WHEREAS, the net proceeds of the Note may be invested by the Local Agency in
Permitted Investments (as defined in the Indenture) or in any other investment permitted by the laws of
the State of California, as now in effect and as hereafter amended, modified or supplemented from time
to time;
WHEREAS, as part of the Program each participating Issuer approves the Indenture, the
alternative forms of Credit Agreements, if any, and the alternative forms of Reserve Credit Agreements,
if any, in substantially the forms presented to the Legislative Body, with the final form of Indenture, type
of Credit Instrument and corresponding Credit Agreement and type of Reserve Credit Instrument and
LA 1-100264,1 2 NEWCSCDA MEMBER RESOLUTION
corresponding Reserve Credit Agreement, if any, to be determined and approved by delivery of the
Pricing Confirmation;
WHEREAS, pursuant to the Program each participating Issuer will be responsible for •
its share of(a) the fees of the Trustee and the costs of issuing the applicable Series of Bonds, and (b),
if applicable, the fees of the Credit Provider, the fees of the Reserve Credit Provider (which shall be
payable from, among other sources, investment earnings on the Reserve Fund and moneys in the Costs
of Issuance Fund established and held under the Indenture), the Issuer's allocable share of all Predefault
Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Indenture);
WHEREAS, pursuant to the Program each participating Issuer will be responsible for
its share of the fees of the Reserve Trustee and the costs of issuing the applicable Series of Reserve
Bonds, all such costs and fees being payable from the proceeds of the applicable Series of Bonds (or,with
respect to costs and fees of the Reserve Credit Provider, as may otherwise be provided in the Reserve
Indenture);
WHEREAS, pursuant to the Program, the Underwriter will submit an offer to the
Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be secured'by
the Indenture to which such Pool will be assigned;
WHEREAS, it is necessary to engage the services of certain professionals to assist the
Local Agency in its participation in the Program;
WHEREAS, in order to participate in the Program, the Authority requires that the Local
Agency enter into and execute the Amended and Restated Joint Exercise of Powers Agreement Relating
to the California Statewide Communities Development Authority, dated June 1, 1988 (the "Amended •
Agreement"), pursuant to which the Authority is in existence and operates;
WHEREAS, there is now before this Legislative Body a form of the Amended
Agreement; and
WHEREAS, this Legislative Body, following careful review and consideration, hereby
determines that it is in the public interest and for the public benefit of the Local Agency to enter into and
authorize the execution of the Amended Agreement;
NOW, THEREFORE, the Legislative Body hereby finds, determines, declares and
resolves as follows:
Section 1. Recitals. This Legislative Body hereby finds and determines that all the
above recitals are true and correct.
Section 2. Authorization of Usuance. This Legislative Body hereby determines to
borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to
be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year
1995-1996, by the issuance of a note in the Principal Amount under Sections 53850 et seg. of the Act,
designated the Local Agency's "1995-1996 Tax and Revenue Anticipation Note" (the "Note"), to be
issued in the form of one fully registered note at the Principal Amount thereof, to be dated the date of
its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than
thirteen months thereafter on a date indicated on the face thereof and determined in the Pricing
Confirmation (the "Maturity Date"), and to bear interest, payable at maturity and computed upon the
basis of a 360-day year consisting of twelve 30-day months, at a rate not to exceed ten percent(10%)per
LAI-100264.1 3 NEWCSCDA MEMBER RESOLUTION
00( -
11 1
annum as determined in the Pricing Confirmation and indicated on the face of the Note(the "Note Rate").
If the Series of Bonds issued in connection with the Note is secured in whole or in part by a Credit
. Instrument or such Credit Instrument(other than the Reserve Fund) secures the Note in whole or in part
and all principal of and interest on the Note is not paid in full at maturity or payment of principal of and
interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit
Instrument which draw, payment or claim is not fully reimbursed on such date, such Note shall become
a Defaulted Note (as defined in the Indenture), and the unpaid portion(including the interest component,
if applicable)thereof(or the portion(including the interest component, if applicable)thereof with respect
to which a Credit Instrument applies for which reimbursement on,'"a draw, payment or claim has not been
fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the
Default Rate (as defined in the Indenture). If the Credit Instrument is the Reserve Fund and the Reserve
Bonds issued to fund the Reserve Fund are secured by the Reserve Credit Instrument and a Drawing (as
defined in the Indenture)pertaining to the Note is not fully reimbursed by the Reserve Principal Payment
Date (as defined in the Indenture), such Note shall become a Defaulted Reserve Note (as defined in the
Indenture), and the unpaid portion (including the interest component, if applicable) thereof (or portion
(including the interest component, if applicable)with respect to which the Reserve Fund applies for which
reimbursement on a Drawing has not been fully made) shall be deemed outstanding and shall continue
to bear interest thereafter until paid at the Default Rate. If the Note or the Series of Bonds issued in
connection with the Note is unsecured in whole or in part and the Note is not fully paid at maturity, the
unpaid portion thereof(or the portion thereof to which no Credit Instrument applies which is unpaid)shall
be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In
each case set forth in the preceding three sentences, the obligation of the Local Agency with respect to
such Defaulted Note or unpaid Note shall not be a debt or liability of the Local Agency prohibited by
Article XVI, Section 18 of the California Constitution and the Local Agency shall not be liable thereon
except to the extent of any available revenues attributable to Fiscal Year 1995-1996, as provided in
Section 8 hereof. The percentage of the Note to which a Credit Instrument, if any, applies(the "Secured
Percentage") shall be equal to the amount of the Credit Instrument divided by the aggregate amount of
unpaid principal of and interest on the unpaid notes (or portions thereof) of all Issuers, expressed as a
percentage (but not greater than 100%) as.of the maturity date. The percentage of the Note to which the
Reserve Credit Instrument, if any, applies (the "Secured Reserve Percentage") shall be equal to the
amount of the Reserve Credit Instrument divided by the aggregate amount of unpaid principal of and
interest on such unpaid notes (or portions thereof, including the interest component, if applicable),
expressed as a percentage (but not greater than 100%) as of the Reserve Principal Payment Date.
Both the principal of and interest on the Note shall be payable in lawful money of the
United States of America, but only upon surrender thereof, at the corporate trust office of U.S. Trust
Company of California, N.A. in Los Angeles, California. -
The Note shall be issued in conjunction with the note or notes of one or more other
Issuers as part of the Program and within the meaning of Section 53853 of the Act.
Section 3. Form of Note. The Note shall be issued in fully registered form without
coupons and shall be substantially in the form and substance set forth in Exhibit A as attached hereto and
by reference incorporated herein, the blanks in said forms to be filled in with appropriate words and
figures.
Section 4. Sale of Note; Dele--ation. The Note shall be sold to the Authority pursuant
to the Purchase Agreement. The form of the Purchase Agreement, including the form of the pricing
confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A thereto, presented to this
meeting are hereby approved. The authorized representatives set forth in Section 25 hereof (the
"Authorized Representatives") are each hereby authorized and directed to execute and deliver the
Purchase Agreement in substantially said form, with such changes thereto as such Authorized
LAI-100264.1 4 NEWCSCDA MEMBER RESOLUTION
Representative shall approve, such approval to be conclusively evidenced by his or her execution and
delivery thereof, provided, however, that the Purchase Agreement shall not be effective and binding on
the Local Agency until are execution and delivery of the Pricing Confirmation. The Authorized •
Representatives are each hereby further authorized and directed to execute and deliver the Pricing
Confirmation in substantially said form, with such changes thereto as such Authorized Representative
shall approve, such approval to be conclusively evidenced by his or her execution and.delivery thereof,
provided, however, that the interest rate on the Note shall not exceed ten percent (10%) per annum, the
discount on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds, shall
not exceed one percent (1.0%), and the Principal Amount shall:hot exceed the Maximum Amount of
Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed
effective execution and delivery for all purposes.
Section 5. Program Approval. The Pricing Confirmation shall indicate whether and
what type of Credit Instrument and, if applicable, Reserve Credit Instrument will apply.
The forms of Indenture,alternative general types and forms of Credit Agreements, if any,
and alternative general types and forms of Reserve Credit Agreements, if any, presented to this meeting
are hereby acknowledged, and it is acknowledged that the Authority will execute and deliver-the
Indenture, one or more Credit Agreements, if applicable, and one or more Reserve Credit Agreements,
if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said
forms with such changes therein as the Authorized Representative who executes the Pricing Confirmation
shall require or approve (substantially final forms of the Indenture, the Credit Agreement and, if
applicable, the Reserve Credit Agreement are to be delivered to the Authorized Representative concurrent
with the Pricing Confirmation),such approval of the Authorized Representative and this Legislative Body
to be conclusively evidenced by the execution of the Pricing Confirmation. If the Credit Agreement
identified in the Pricing Confirmation is the Reserve Indenture, it acknowledged that the Authority will .
issue the Reserve Bonds pursuant to and as provided in the Reserve Indenture as finally executed.
Any one of the Authorized Representatives of the Local Agency is hereby authorized and
directed to provide the Underwriter with such information relating to the Local Agency as the
Underwriter shall reasonably request for inclusion in the Preliminary Official Statement and Official
Statement of the Authority. Upon inclusion of the information relating to the Local Agency therein, the
Preliminary Official Statement and Official Statement or such other offering document is, except for
certain omissions permitted by Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the
"Rule"), hereby deemed final within the meaning of the Rule with respect to the Local Agency and any
Authorized Representative of the Local Agency is authorized to execute a certificate to such effect. If,
at any time prior to the end of the underwriting period, as defined in the:Rule, any event occurs as a
result of which the information contained in the Preliminary Official Statement or other offering document
relating to the Local Agency might include an untrue statement of a material fact or omit to state any
material fact necessary to make the statements therein, in light of the circumstances under which they
were made, not misleading, the Local Agency shall promptly notify the Underwriter.
Subject to Section 8 hereof,the Local Agency hereby agrees that if the Note shall become
a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the
portion (including the interest component, if applicable) to which a Credit Instrument applies for which
full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed
outstanding and shall not be deemed to be paid until(i) any Credit Provider providing a Credit Instrument
with respect to the Note or the Series of Bonds issued in connection with the Note, has been reimbursed
for any drawings,payments or claims made under or from the Credit Instrument with respect to the Note,
including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and,
(ii) the holders of the Note, or Series of the Bonds issued in connection with the Note, are paid the full
principal amount represented by the unsecured portion of the Note plus interest accrued thereon
1.,+,1-100264.1 5 NEwCSCDA MEMBER RESOUMON
0QI(Y 11 s.6
(calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee.
For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to
• have received such principal amount upon deposit of such moneys with the Trustee.
Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become
a Defaulted Reserve Note, the unpaid portion(including the interest component, if applicable)thereof or
the portion(including the interest component, if applicable)to which a Reserve Credit Instrument, if any,
applies for which full reimbursement on a Drawing has not been made by the Reserve Principal Payment
Date shall be deemed outstanding and shall not be deemed paid"until (i) any Reserve Credit Provider
providing a Reserve Credit Instrument with respect to the Reserve Bonds (against the Reserve Fund of
which such Drawing was made) has been reimbursed for any Drawing or payment made under the
Reserve Credit Instrument with respect to the Note, including interest accrued thereon, as provided
therein and in the Reserve Credit Agreement, and (ii) the holders of the Note, or Series of Bonds issued
in connection with the Note, are paid the full principal amount represented by the unsecured portion of
the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such
aggregate required amount with the Trustee. For the purposes of clause (ii) of the preceding sentence,
holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of
such moneys with the Trustee.
The Local Agency agrees to pay or cause to be paid, in addition to the amounts payable
under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Local
Agency's Note is secured in whole or in part by a Credit Instrument and, if applicable, a Reserve Credit
Instrument (by virtue of the fact that the Series of Bonds is secured by a Credit Instrument and, if
applicable, Reserve Bonds are secured by a Reserve Credit Instrument), any Predefault Obligations and
Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of
Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event(other than an
event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case
described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the
percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount
of its Note over the aggregate principal amounts of all notes, including the Note,of the Series of which
the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid
by the-Local Agency within twenty-five (25) days of receipt by the Local Agency of a bill therefor from
the Trustee.
Section 6. No Joint Obligation. The Note will be issued in con4junction with a note or
notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases, the obligation of
the Local Agency to make payments on or in respect to its Note is a several and not a joint obligation -
and is strictly limited to the Local Agency's repayment obligation under this'Resolution and the Note.
Section 7. Disposition of Proceeds of Note. A portion of the moneys received from
the sale of the Note in an amount equal to the Local Agency's share of the costs of issuance (which shall
include any fees and expenses in connection with any Credit Instrument (and the Reserve Credit
Instrument, if any) applicable to the Note or Series of Bonds and the corresponding Reserve Bonds, if
any) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the
Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture.
The balance of the moneys received from the sale of the Note to the Authority shall be deposited in the
Local Agency's Proceeds Subaccount hereby authorized to be created pursuant to and held and invested
by the Trustee under, the Indenture for the Local Agency and said moneys may be used-and expended
by the Local Agency for any purpose for which it is authorized to use and expend moneys, upon
requisition from the Proceeds Subaccount as specified in the Indenture. Amounts in the Proceeds
Subaccount are hereby pledged to the payment of the Note. The Trustee will not create subaccounts
within the Proceeds Fund, but will keep records to account separately for proceeds of the Bonds allocable
LAI-100264.1 6 NEWCSCDA MEMBER RESOLUTION
00() � 7
to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's
Proceeds Subaccount. •
Section S. Source of Payment.
(A) The principal amount of the Note, together with the interest thereon, shall be
payable from taxes, income, revenue (including, but not limited.to, revenue from the state and federal
governments), cash receipts and other moneys which are received by the Local Agency for the general
fund of the Local Agency and are attributable to Fiscal Year 1995-1996 and which are available for
payment thereof. As security for the payment of the principal of and interest on the Note, the Local
Agency hereby pledges certain unrestricted revenues (as hereinafter provided, the "Pledged Revenues")
which are received by the Local Agency for the general fund of the Local Agency and are attributable
to Fiscal Year 1995-1996, and the principal of the Note and the interest thereon shall constitute a first
lien and charge thereon and shall be payable from the first moneys received by the Local Agency from
such Pledged Revenues, and, to the extent not so paid, shall be paid from any other taxes, income,
revenue, cash receipts and other moneys of the Local Agency lawfully available therefor (all as provided
for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all taxes,
income, revenue (including, but not limited to, revenue from the state and federal governments), cash
receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to
Fiscal Year 1995-1996 and which are generally available for the payment of current expenses and other
obligations of the Local Agency. The Noteholders, Bondholders, Credit Provider and, if applicable, the
Reserve Credit Provider shall have a fust lien and charge on such certain unrestricted revenues as
hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year
1995-1996.
In order to effect the pledge referenced in the preceding paragraph, the Local Agency
hereby agrees and covenants to establish and maintain a special account within the Local Agency's general
fund to be designated the "1995 Tax and Revenue Anticipation Note Payment Account" (the "Payment
Account") and further agrees and covenants to maintain the Payment Account until the payment of the
� Y
of the Note and the interest thereon. Notwithstanding principal g the foregoing, if the Local Agency elects
to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the Pricing
Confirmation, a subaccount of the Payment Account(the "Payment Subaccount") shall be established for
the Local Agency under the Indenture and proceeds credited to such account shall be pledged to the
payment of the Note. The Trustee need not create a subaccount, but may keep a record to acbount
separately for proceeds of the Note so held and invested by the Trustee which record shall constitute the
Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in -
accordance with the Indenture. The Local Agency agrees to transfer to and deposit in the Payment
Account the first amounts received in the months specified in the Pricing Confirmation as Repayment
Months (each individual month a "Repayment Month" and collectively "Repayment Months") (and any
amounts received thereafter attributable to Fiscal Year 1995-1996) until the amount on deposit in the
Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, is equal in
the respective Repayment Months identified in the Pricing Confirmation to the percentage of the principal
and interest due on the Note at maturity specified in the Pricing Confirmation. In making such transfer
and deposit, the Local Agency shall not be required to physically segregate the amounts to be transferred
to and deposited in the Payment Account from the Local Agency's other general fund moneys, but,
notwithstanding any commingling of funds for investment or other purposes, the amounts required to be
transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge
created herein. Any one of the Authorized Representatives of the Local Agency is hereby authorized
to approve the determination of the Repayment Months and percentages of the principal and interest due
on the Note at maturity required to be on deposit in the Payment Account and/or the Payment Subaccount
in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the
LA 1-100264.1 7 NEWCSCDA MEMSR OLUTIOpNN
C7
Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this
Legislative Body and such Authorized Representative; provided, however, that the maximum number of
Repayment Months shall be six and the maximum amount of Pledged Revenues required to be deposited
in each Repayment Month shall not exceed fifty percent (50%) of the principal and interest due on the
Note at maturity. In the event on the day in each such Repayment Month that a deposit to the Payment
Account is required to be made, the Local Agency has not received sufficient unrestricted revenues to
permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in
the Payment Account from said unrestricted revenues in said month, then the amount of any deficiency
shall be satisfied and made up from any other moneys of the Local Agency lawfully available for the
payment of the principal of the Note and the interest thereon, as and when such other moneys are
received or are otherwise legally available.
(B) Any moneys placed in the Payment Account or the Payment Subaccount shall be
for the benefit of(i) the holder of the Note and the holders of Bonds issued in connection with the Notes,
(ii) (to the extent provided in the Indenture) the Credit Provider, if any, and (iii) (to the extent provided
in the Indenture and, if applicable, the Credit Agreement) the Reserve Credit Provider, if any. The
moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for
which such Accounts are created until the principal of the Note and all interest thereon are paid or until
provision has been made for the payment of the principal of the Note at maturity with interest to maturity
(in accordance with the requirements for defeasance of the Bonds as set forth in the Indenture) and, if
applicable, (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the payment
of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider and, if
applicable, the Reserve Credit Provider.
(C) The Local Agency hereby directs the Trustee to transfer, at least two (2)Business
• Days (as defined in the Indenture) prior to the Note Maturity Date (as defined in the Indenture), any
moneys in the Payment Subaccount to the Bond Payment Fund(as defined in the Indenture). In addition,
at least two (2)Business Days prior to the Maturity Date of the Note, the moneys in the Payment Account
shall be transferred by the Local Agency to the Trustee, to the extent necessary, to pay the principal of
and interest on the Note or to reimburse the Credit Provider for payments made under or pursuant to the
Credit Instrument. In the event that moneys in the Payment Account and/or the Payment Subaccount are
insufficient to pay the principal of and interest on the Note in full on the Maturity Date, such moneys
shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the
Note; third to reimburse the Credit Provider for payment, if any, of interest with respect to the Note;
fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note,, fifth
to reimburse the Reserve Credit Provider, if any, for payment, if any, of interest with respect to the
Note; sixth to reimburse the Reserve Credit Provider, if any, for payment, if any, of principal with
respect to the Note; and seventh to pay any Reimbursement Obligations of-the Local Agency and any of
the Local Agency's pro rata share of Predefault Obligations owing to the Credit Provider and Reserve
Credit Provider (if any) as applicable. Any moneys remaining in or accruing to the Payment Account
and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Predefault
Obligations and Reimbursement Obligations,if applicable, have been paid,or provision for such payment
has been made, shall be transferred to the general fund of the Local Agency, subject to any other
disposition required by the Indenture, or, if applicable, the Credit Agreement. Nothing herein shall be
deemed to relieve the Local Agency from its obligation to pay its Note in full on the Maturity Date.
(D) Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be
invested by the Trustee pursuant to the Indenture as directed by the Local Agency in Permitted
Investments as described in and under the terms of the Indenture. Any such investment by the Trustee
ishall be for the account and risk of the Local Agency, and the Local Agency shall not be deemed to be
relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement
LAI-100264.1 $ NEWCSCDA MEMBER RESOLUTIQN
�'f, l9
Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the
Payment Subaccount.
(E) At the written request of the Credit Provider, if any, or the Reserve Credit
Provider, if any, the Local Agency shall, within ten (10) Business Days following the receipt of such
written request, file such report or reports to evidence the transfer to and deposit in the.Payment Account
required by this Section 8 and provide such additional financial information as may be required by the
Credit Provider, if any, or the Reserve Credit Provider, if any.
Section 9. Execution of Note. Any one of the Authorized Representatives of the Local
Agency or any other officer designated by the Legislative Body shall be authorized to execute the Note
by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency,
or any duly appointed assistant thereto,shall be authorized to countersign the Note by manual or facsimile
signature. Said Authorized Representative of the Local Agency, is hereby authorized to cause the blank
spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. The
Authorized Representative is hereby authorized and directed to cause the Authority to assign the Note to
the Trustee, pursuant to the terms and conditions of the Purchase Agreement, this Resolution and the
Indenture. In case any Authorized Representative whose signature shall appear on any Note shall cease
to be an Authorized Representative before the delivery of such Note, such signature shall nevertheless
be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Note need not bear the seal of the Local Agency, if any.
Section 10. Intentionally Left Blank. This section has been included to preserve the
sequence of section numbers for cross-referencing purposes.
Section 11. Representations and Covenants of the Local A�encX.
The Local Agency makes_the following representations for the benefit of the holder of
the Note, the owners of the Bonds, the Credit Provider, if any, and the Reserve Credit Provider, if any:
(A) The Local Agency is duly organized and existing under and by virtue of the laws
of the State of California and has all necessary power and authority to (i) adopt this Resolution and
perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase
Agreement, and (iii) issue the Note and perform its obligations thereunder.
(B) (i) Upon the issuance of the Note, the Local Agency shall have taken all action --
required to be taken by it to authorize the issuance and delivery of the Note and the performance of its
obligations thereunder, and (ii) the Local Agency has full legal right, power-and authority to issue and
deliver the Note.
(C) The issuance of the Note, the adoption of the Resolution and the execution and
delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof do not
conflict with, breach or violate any law, administrative regulation, court decree, resolution, charter,
by-laws or other agreement to which the Local Agency is subject or by which it is bound.
(D) Except as may be required under blue sky or other securities laws of any state
or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other
order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local
Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the
other transactions contemplated by this Resolution, except those the Local Agency shall obtain or perform
prior to or upon the issuance of the Note.
LA1-100264.1 9 NEWCSCDA NEMER RESOLUTION
0001
(E) The Local Agency has (or will have prior to the issuance of the Note) duly,
regularly and properly adopted a preliminary budget for Fiscal Year 1995-1996 setting forth expected
revenues and expenditures and has complied with all statutory and regulatory requirements with respect
to the adoption of such budget. The Local Agency hereby covenants that it shall (i) duly, regularly and
properly prepare and adopt its final budget for Fiscal Year 1995-1996, (ii) provide to the Trustee, the
Credit Provider, if any, the Reserve Credit Provider, if any, and the Underwriter, promptly upon
adoption, copies of such final budget and of any subsequent revisions, modifications or amendments
thereto and (iii) comply with all applicable laws pertaining to its budget.
(F) The sum of the principal amount of the Local Agency's Note plus the interest
payable thereon,on the date of its issuance, shall not exceed fifty percent(50%)of the estimated amounts
of the Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from
the state and federal governments), cash receipts, and other moneys to be received by the Local Agency
for the general fund of the Local Agency attributable to Fiscal Year 1995-1996, all of which will be
legally available to pay principal of and interest on the Note.
(G) The Local Agency (i) has not defaulted within the past twenty (20) years, and is
not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has
never defaulted on any debt obligation.
(H) The Local Agency's most recent audited financial statements present fairly the
financial condition of the Local Agency as of the date thereof and the results of operation for the period
covered thereby. Except as has been disclosed to the Underwriter, the Credit Provider, if any, and the
Reserve Credit Provider, if any, there has been no change in the financial condition of the Local Agency
since the date of such audited financial statements that will in the reasonable opinion of the Local Agency
• materially impair its ability to perform its obligations under this Resolution and the Note. The Local
Agency agrees to furnish to the Authority, the Underwriter,the Trustee,the Credit Provider, if any, and
the Reserve Credit Provider, if any, promptly, from time to time,.such information regarding the
operations, financial condition and property of the Local Agency as such party may reasonably request.
(1) There is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best
knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity
of any proceeding taken or to be taken by the Local Agency in connection with the Note, the Purchase
Agreement, the Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this
Resolution, or seeking to prohibit,restrain or enjoin the execution, delivery or performance by the Local
Agency of any of the foregoing, or wherein an unfavorable decision, ruling_,or finding would have a
materially adverse effect on the Local Agency's financial condition or results of operations or on the
ability of the Local Agency to conduct its activities as presently conducted or as proposed or contemplated
to be conducted, or would materially adversely affect the validity or enforceability of, or the authority
or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the
Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this Resolution.
(J) Upon issuance of the Note and execution of the Purchase Contract, this
Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the
Local Agency, enforceable in accordance with their respective terms, except as such enforceability may
be limited by bankruptcy or other laws affecting creditors' rights generally, the application of equitable
principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the
• limitations on legal remedies against local agencies, as applicable, in the State of California.
(K) The Local Agency and its appropriate officials have duly taken, or will take, all
proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of
LAI-100264.1 10 xewcscnn 1MnO (�vUT a
the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the
Note.
The Local Agency shall not incur an indebtedness secured b a pledge of its
•
�-) g Y Y Y P g
Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues
hereunder.
(1) So long as the Credit Provider, if any, is not in default under the Credit
Instrument or the Reserve Credit Provider, if any, is not in default under the corresponding Reserve
Credit Agreement, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations
and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the
Credit Agreement, if any, the Reserve Credit Agreement, if any, and/or the Indenture, as applicable.
Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount
shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon
receipt of notice from the Credit Provider or from the Reserve Credit Provider, if applicable, that such
amounts are due to it.
(1) So long as any Bonds issued in connection with the Notes are Outstanding,or-any
Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or
suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture.
Section 12. Tax Covenants. (A) The Local Agency shall not take any action or fail to
take any action if such action or failure to take such action would adversely affect the exclusion from
gross income of the interest payable on the Note or Bonds under Section 103 of the Internal Revenue
Code of 1986 (the "Code"). Without limiting the generality of the foregoing,the Local Agency shall not
make any use of the proceeds of the Note or Bonds or any other funds of the Local Agency which would S
cause the Note or Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code, a
"private activity bond" within the meaning of Section 141(a) of the Code, or an obligation the interest
on which is subject to federal income taxation because it is "federally guaranteed" as provided in
Section 149(b) of the Code. The Local Agency, with respect to the proceeds of the Note, will comply
with all requirements of such sections of the Code and all regulations of the United States Department
of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time,
applicable and in effect.
(B) The Local Agency hereby (i)represents that the aggregate face amount of all tax-
exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and to
be issued by the Local Agency during calendar year 1995, including the Note, is not reasonably expected
to exceed $5,000,000; or (ii) covenants that the Local Agency will take_all legally permissible steps
necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that
is six months after the date of issuance of the Note so as to satisfy the requirements of Section
148(f)(4)(13) of the Code.
(C) Notwithstanding any other provision of this Resolution to the contrary, upon the
Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section 12,
no one other than the holders or former holders of the Note, the owners of the Bond, the Credit Provider,
if any, the Reserve Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any
right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal
to comply with, such covenants.
(D) The covenants contained in this Section 12 shall survive the payment of the Note. .
LAI-100264.1 1] NEWCSCDA MEMBER RESOLUTION
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Section 13. Events of Default and Remedies.
If any of the following events occurs, it is hereby defined as and declared to be and to
constitute an "Event of Default":
(A) Failure by the Local Agency to make or cause to be made the transfers and
deposits to the Payment Account, or any other payment required to be paid hereunder, including
payment of principal and interest on the Note, on or before the date on which such transfer,
deposit or other payment is due and payable;
(B) Failure by the Local Agency to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Resolution, for a period of fifteen
(15) days after written notice, specifying such failure and requesting that it be remedied, is given
to the Local Agency by the Trustee, the Credit Provider, if applicable, or the Reserve Credit
Provider, if applicable, unless the Trustee and the Credit Provider or the Reserve Credit
Provider, if applicable, shall all agree in writing to an extension of such time prior to its
expiration;
(C) Any warranty, representation or other statement by or on behalf of the Local
Agency contained in this Resolution or the Purchase Agreement (including the Pricing
Confirmation) or in any requisition or any financial report delivered by the Local Agency or in
any instrument furnished in compliance with or in reference to this Resolution or the Purchase
Agreement or in connection with the Note, is false or misleading in any material respect;
(D) A petition is filed against the Local Agency under any bankruptcy,reorganization,
• arrangement, insolvency,readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the
Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty
(30) days to protect its and the Bond Owners' (or Noteholders') interests;
(E) The Local Agency files a petition in voluntary bankruptcy or seeking relief under
any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,
dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents
to the filing of any petition against it under such law; or
(F) The Local Agency admits insolvency or bankruptcy or is generally not paying its
debts as such debts become due, or becomes insolvent or bankruptar makes an assignment for
the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or
trustee) of the Local Agency or any of its property is appointed by court order or takes
possession thereof and such order remains in effect or such possession continues for more than
30 days, but the Trustee shall have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests.
Whenever any Event of Default referred to in this Section 13 shall have happened and
be continuing,the Trustee, as holder of the Note, shall, in addition to any other remedies provided herein
or by law or under the Indenture, if applicable, have the right, at its option without any further demand
or notice, to take one or any combination of the following remedial steps:
(1) Without declaring the Note to be immediately due and payable, require the Local
Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note
and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the
LA1-100264.1 12 NEWCSCDA MEMBER RESOLUTION
0 0!Cl�J:v�
Local Agency the same shall become immediately due and payable by the Local Agency without
further notice or demand; and
(2) Take whatever other action at law or in equity(except for acceleration of payment
on the Note) which may appear necessary or desirable to collect the amounts then due and
thereafter to become due hereunder and under the Note or to enforce any other of its rights
hereunder.
Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or in part
by a Credit Instrument (other than the Reserve Fund) or if the Credit Provider is subrogated to rights
under the Local Agency's Note, as long as the Credit Provider has not failed to comply with its payment
obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies
upon any Event of Default hereunder, and,not withstanding the foregoing,if a Reserve Credit Instrument
is applicable, as long as the Reserve Credit Provider has not failed to comply with its payment obligations
under the Reserve Credit Agreement, the Reserve Credit Provider shall have the right(prior to the Credit
Provider)to direct the remedies upon any Event of Default hereunder, in each case so long as such action
will not materially adversely affect the rights of any Bond Owner, and the Credit Provider's and Reserve
Credit Provider's (if any) prior consent shall be required to any remedial action proposed to be taken by
the Trustee hereunder.
If the Credit Provider is not reimbursed on the Maturity Date for the drawing, payment
or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on
the Note by the Local Agency, or if any principal of or interest on the Note remains unpaid after the
Maturity Date, the Note shall be a Defaulted Note, the unpaid portion(including the interest component,
if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit
Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be
deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the
Defaulted Note is paid in full or payment is duly provided for, all subject to Section 8 hereof.
If the Credit Instrument is the Reserve Fund and the Reserve Bonds are secured by the
Reserve Credit Instrument and all principal of and interest on the Note is not paid in full by the Reserve
Principal Payment Date, the Defaulted Note shall become a Defaulted Reserve Note and the unpaid
portion (including the interest component, if applicable) thereof (or the portion thereof with respect to
which the Reserve Fund applies for which reimbursement on a Drawing has not been fully made) shall
be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligatibn on
the Defaulted Reserve Note is paid in full or payment is duly provided for, all subject to Section 8 hereof.
Section 14. Trustee. The Local Agency hereby directs and authorizes the payment by
the Trustee of the interest on and principal of the Note when such become due-and payable, from amounts
received by the Trustee from the Local Agency in the manner set forth herein. The Local Agency hereby
covenants to deposit funds in such account or fund, as applicable, at the time and in the amount specified
herein to provide sufficient moneys to pay the principal of and interest on the Note on the day on which
it matures. Payment of the Note shall be in accordance with the terms of the Note and this Resolution.
Section 15. Sale of Note. The Note shall be sold to the Authority, in accordance with
the terms of the Purchase Agreement, hereinbefore approved, and issued payable to the Trustee, as
assignee of the Authority.
Section 16. Approval and Execution of Amended Agreement. The Amended
Agreement is hereby approved and any one of the Authorized Representatives of the Local Agency is
hereby authorized and directed to execute the Amended Agreement, with such changes, insertions and
LAI-100264.1 13 NEWCSCDA W-AM pI.UP9�
, ,
omissions as may be approved by such official and the Secretary or Clerk of the Local Agency is hereby
authorized and directed to attest the same.
• Section 17. Approval of Actions. The aforementioned Authorized Representatives of
the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to accept
delivery of the Note, pursuant to the terms and conditions of the Purchase Agreement and the Indenture.
All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with
respect to the sale and issuance of the Note and participation in the Program are hereby approved,
confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby
authorized and directed, for and in the name and on behalf of the Local Agency, to do any and all things
and take any and all actions and execute any and all certificates, agreements and other documents which
they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The
Authorized Representatives of the Local Agency referred to above in Section 4 hereof are hereby
designated as "Authorized Local Agency Representatives" under the Indenture.
In the event that the Note or a portion thereof is secured by a Credit Instrument, any one
of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the
Credit Provider and, if applicable, the Reserve Credit Provider, with any and all information relating to
the Local Agency as such Credit Provider or Reserve Credit Provider may reasonably request.
Section 18. Proceedings Constitute Contract. The provisions of the Note and of this
Resolution shall constitute a contract between the Local Agency and the registered owner of the Note,
and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding
at law or in equity in any court of competent jurisdiction,and shall be irrepealable. The Credit Provider,
• if any, and the Reserve Credit Provider, if any, are third parry beneficiaries of the provisions of this
Resolution and the Note.
Section 19. Limited Liability. Notwithstanding anything to the contrary contained
herein or in the Note or in any other document mentioned herein or related to the Note or to any Series
of Bonds to which the Note may be assigned, the Local Agency shall not have any liability hereunder or
by reason hereof or in connection.with the transactions contemplated hereby except to the extent payable
from moneys available therefor as set forth in Section 8 hereof.
Section 20. Amendments. At any time or from time to time,the Local Agency may
adopt one or more Supplemental Resolutions with the written consents of the Authority, the Credit
Provider, if any, and the Reserve Credit Provider, if any, but without the--necessity for consent of the -
owner of the Note or of the Bonds issued in connection with the Note:for any one or more of the
following purposes:
(A) to add to the covenants and agreements of the Local Agency in this Resolution,
other covenants and agreements to be observed by the Local Agency which are not contrary to
or inconsistent with this Resolution as theretofore in effect;
(B) to add to the limitations and restrictions in this Resolution, other limitations and
restrictions to be observed by the Local Agency which are not contrary to or inconsistent with
this Resolution as theretofore in effect;
(C) to confirm, as further assurance, any pledge under, and the subjection to any lien
or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to
establish any additional funds or accounts to be held under this Resolution;
LAI-100264.1 14 NEwCSCDA MEMBER RESOLUTION
00"''. ,�
(D) to cure any ambiguity, supply any omission, or cure or correct any defect or
inconsistent provision in this Resolution; or
(E) to amend or supplement this Resolution in any other respect,
provided, however, that any such Supplemental Resolution does not adversely affect the interests of the
owners of the Note or of the Bonds issued in connection with the Notes.
Any modifications or amendment of this Resolution and of the rights and obligations of
the Local Agency and of the owner of the Note or of the Bonds issued in connection with the Note may
be made by a Supplemental Resolution, with the written consent of the owners of at least a majority in
principal amount of the Note and of the Bonds issued in connection with the Note outstanding at the time
such consent is given;provided,however, that if such modification or amendment will, by its terms, not
take effect so long as the Note or any Bonds issued in connection with the Note remain outstanding, the
consent of the owners of such Note or of such Bonds shall not be required. No such modification or
amendment shall permit a change in the maturity of the Note or a reduction of the principal amount
thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon,
or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of rhe
owners of such Note or the owners of all the Bonds issued in connection with the Note, or shall reduce
the percentage of the Note or Bonds the consent of the owners of which is required to effect any such
modification or amendment, or shall change .or modify any of the rights or obligations of the Trustee
without its written assent thereto.
Section 21. Severability. In the event any provision of this Resolution shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
LAI-100264.1 15 NEwCSCDA MEMBER RESOLUTION
0 0 f'1 1"-16
Section 22. Appointment of Bond Counsel. The law firm of Orrick, Herrington &
Sutcliffe, Los Angeles, California is hereby appointed as Bond Counsel for the Program.
Section 23. Appointment of Underwriter. Sutro & Co. Incorporated, Los Angeles,
California, together with such co-underwriters, if any, identified in the Purchase Contract, is hereby
appointed as underwriter for the Program.
Section 24. Effective Date. This Resolution shall take effect from and after its date of
adoption.
Section 25. Resolution Parameters.
(A) Name of Local Agency: CITY OF ATASCADERO
(B) Maximum Amount of Borrowing: $1,300,000
(C) Authorized Representatives:
TITLE
1. Mayor
2. City Manger
3. Finance Director
4. City Treasurer
(Attach form of Certification of the Secretary or Clerk of the Legislative Body, with respect to the
Resolution, if desired (such form of Certification is not required).]
16
fir.
EXHIBIT A
AME OFAGENC
1995-1996 TAX AND REVENUE OCAL ANTICIPATION NOTE, [SERIES
Date of
Interest Rate Maturity Date Original Issue
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
FOR VALUE RECEIVED, the Local Agency designated above (the "Local Agency"),
acknowledges itself indebted to and promises to pay to the registered owner identified above, or registered
assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the
United States of America, together with interest thereon at the rate of interest specified above(the "Note
Rate"). Principal of and interest on this Note are payable in such coin or currency of the United States
as at the time of payment is legal tender for payment of private and public debts, such principal and
interest to be paid upon surrender hereof at the principal corporate trust office of U.S. Trust Company
of California, N.A. in Los Angeles, California, or its successor in trust (the "Trustee"). Interest shall
be calculated on the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money
from the date hereof until the maturity date specified above and, if funds are not provided for payment
at maturity, thereafter on the basis of a 360-day year for actual days elapsed until payment in full of said
principal sum. Both the principal of and interest on this Note shall be payable only to the registered
owner hereof upon surrender of this Note as the same shall fall due; provided, however, no interest shall
be payable for any period after maturity during which the holder hereof fails to properly present this Note
for payment. If the Local Agency fails to pay this Note when due or the Credit Provider (as defined in
the Resolution hereinafter described and in that certain Indenture of Trust, dated as of 1,
1995 (the "Indenture"), by and between the California Statewide Communities Development Authority
and U.S. Trust Company of California, N.A., as trustee), if any, is not reimbursed in full for the amount
drawn on or paid pursuant to the Credit Instrument (as defined in the Resolution and the Indenture) to
pay all or a portion (including the interest component, if applicable) of this Note on the date of such
payment, this Note shall become a Defaulted Note (as defined in the Resolution and the Indenture and
with the consequences set forth in the Resolution and the Indenture, including, without limitation, that
this Note as a Defaulted Note (and any related reimbursement obligation with respect to a credit
instrument) shall bear interest at the Default Rate, as defined in the Indenture).
It is hereby certified, recited and declared that this Note represents the authorized issue
of the Note in the aggregate principal amount authorized, executed and delivered pursuant to and by
authority of certain resolutions of the Local Agency duly passed and adopted heretofore, under and by
authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5 of
the California Government Code (collectively, the "Resolution"), to all of the provisions and limitations
of which the owner of this Note, by acceptance hereof, assents and agrees.,. -
The principal of the Note,together with the interest thereon, shall be payable from taxes,
income, revenue, cash receipts and other moneys which are received by the Local Agency for the general
fund of the Local Agency and are attributable to Fiscal Year 1995-1996 and which are available for
payment thereof. As security for the payment of the principal of and interest on the Note, the Local
Agency has pledged the first amounts of unrestricted revenues of the Local Agency received on the last
day of and (and any amounts received thereafter attributable to Fiscal Year 1995-1996)until
the amount on deposit in the Payment Account (as defined in the Resolution), together with available
amounts, if any, on deposit in the Payment Subaccount(as defined in the Resolution) in each such month,
is equal to the corresponding percentages of principal of and interest due on the Note at maturity set forth
in the Pricing Confirmation(as defined in the Resolution) (such pledged amounts being hereinafter called
the "Pledged Revenues"), and the principal of the Note and the interest thereon shall constitute a first lien
and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall
-' If more than one Series of Bonds is issued under the Program in Fiscal Year 1995-1996 and if the Note is pooled with
notes issued by other Issuers (as defined in the Resolution).
LAI-100264.1 A-1 NEWCSCDA MEMBER RESOLUTION
009,'I' ;8
be paid from any other moneys of the Local Agency lawfully available therefor as set forth in the
Resolution. The full faith and credit of the Local Agency is not pledged to the payment of the principal
of or interest on this Note.
The Local Agency and the Trustee Inay deem and treat the registered owner hereof as
the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and
interest due hereon and for all other purposes, and the Local Agency and the Trustee shall not be affected
by any notice to the contrary.
It is hereby certified that all of the conditions, things and acts required to exist, to have
happened and to have been performed precedent to and in the issuance of this Note do exist, have
happened and have been performed in due time, form and manner as required by the Constitution and
statutes of the State of California and that the amount of this Note, together with all other indebtedness
of the Local Agency, does not exceed any limit prescribed by the Constitution or statutes of the State of
California.
IN WITNESS WHEREOF, the Legislative Body of the Local Agency has caused this
Note to be executed by the manual or facsimile signature of a duly Authorized Representative of the
Local Agency and countersigned by the manual or facsimile signature of the Secretary or Clerk of the
Legislative Body as of the date of authentication set forth below.
[NAME OF LOCAL AGENCY]
By
Title:
Countersigned
By
Title:
i
LAI-100264.1 A-2 NEWCSCDA MEMBER RESOLUTION
009"1,-9
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the
purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof,
entered into by and between the signatory local agency designated in Exhibit A (the "Local Agency") and
the California Statewide Communities Development Authority(the "Authority"), for the sale and delivery
of the principal amount specified in Exhibit A of the Local Agency's 1995-1996 Tax and Revenue
Anticipation Note (the "Note") to be issued in conjunction with the.notes of other Issuers (as hereinafter
defined) participating in the Program(as hereinafter defined), as he
in the Pricing Confirmation
(as hereinafter defined), pooled with notes of other Issuers and assigned to secure a series (the "Series")
of bonds (the "Bonds") designated in Exhibit A;
WITNESSETH:
WHEREAS, local agencies are authorized by Sections 53850 to 53858, both inclusive,
of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1,
Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes.-
WHEREAS,
otes;WHEREAS, the legislative body of the Local Agency (the "Legislative Body") has
heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal year
ending June 30, 1996 ("Fiscal Year 1995-1996") in the principal amount set forth in Exhibit A and that
it is necessary that said sum be borrowed at this time by the issuance of a note therefor in anticipation
of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local
Agency during or attributable to Fiscal Year 1995-1996;
WHEREAS, on the resolution date set forth in Exhibit A, the Local Agency adopted (as
specified in Exhibit A) a resolution or resolutions (collectively or singularly, as applicable, the
"Resolution") authorizing the issuance and sale of the Note in the name and on behalf of the Local
Agency;
WHEREAS, the Local Agency has determined that it is in the best interests of the Local
Agency to participate in the California Communities Cash Flow Financing Program (the "Program"),
whereby participating local agencies (the "Issuers")will simultaneously issue tax and revenue anticipation
promissory notes for purchase by the Authority;
WHEREAS, under the Program, the Authority will form one or more pools of notes (the
"Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of Bonds secured
by each Pool pursuant to an indenture, dated as of July 1, 1995 (the "Indenture"), by and between the
Authority and U.S. Trust Company of California, N.A. (the "Trustee"), and sell each such Series to
Sutro & Co. Incorporated, as representative of the underwriters of the Program (collectively, the
"Underwriter");
WHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its Note
will be secured in whole or in part (jointly, but not severally, with notes of the other participating Issuers
assigned to the same Series of Bonds) by a letter of credit, policy of insurance, proceeds received from
a separate bond issue issued by the Authority for such purpose (the "Reserve Fund") or other credit
instrument (collectively, the "Credit Instrument") to be issued by the entity or entities-designated in
Exhibit A as the credit provider (the "Credit Provider");
11995, Orrick, Herrington & Sutcliffe. All rights reserved.
LA 1-100267.1
WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement
agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified in
Exhibit A;
WHEREAS, in order to participate in the Program, the Local Agency has agreed to be
responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit Provider
and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit Instrument, which
anticipated fees, expenses and costs of issuance will be deducted from the purchase price set forth in
Exhibit A and which unanticipated fees, expenses and costs of issuance will be billed to the Local Agency
as the same may arise;
WHEREAS, the costs of issuance which will be deducted from the purchase price set
forth in Exhibit A for the Local Agency shall not exceed one percent (1%) of the principal amount of
each Note; and
MMMAS, pursuant to the Program, the Authority is submitting this offer to purchase
the Note pursuant to this Purchase Agreement;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Obligation to Purchase. Upon the terms and conditions and in reliance upon
the representations, warranties and agreements set forth herein, the Authority shall purchase from the
Local Agency, and the Local Agency shall sell to the Authority,the Note, as described herein and in the
Resolution.
Section 2. Purchase Price. The purchase price of the Note shall be the purchase price
set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing Confirmation"). The Note
shall bear interest at an interest rate per annum set forth in the Pricing Confirmation, which is hereby
agreed to by and between the Authority and the Local Agency by its duly authorized representative
executing this Purchase Agreement on behalf of the Local Agency.
Section 3. Adjustments to Principal Amount of Note and Purchase Price. The
Authority and the Local Agency hereby agree that the principal amount of the Note purchased by the
Authority and sold to the Authority by the Local Agency pursuant to this Purchase Agreement may be
reduced, as determined by the Authority and each Local Agency, based upon the advice of Orrick,
Herrington & Sutcliffe ('Bond Counsel"), in order that the proceeds produced from such sale of such
Note will be an amount which will not be subject to either (i) yield restriction(in order for interest to
be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code")) or (ii) a rebate requirement (under Section 148 of the Code). The Authority and the Local
Agency hereby further agree that the purchase price of the Note shall be reduced as a result of any
reduction of the principal amount of the Note required by this section.
Section 4. Delivery of and Payment for the Note. The delivery of the Note (the
"Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the Pricing
Confirmation or at such other time or date as may be mutually agreeable to the Local Agency, the
Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington& Sutcliffe or such other
place as the Local Agency, the Authority and the Underwriter shall mutually agree. At the Closing, the
Local Agency shall cause the Note to be delivered to the Authority, duly executed and authenticated,
together with the other documents hereinafter mentioned, and the proceeds of the purchase price of the
Note set forth in the Pricing Confirmation shall be deposited in an amount indicated in the Pricing
LA 1-100267.1 2
00,:31
Confirmation as the Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency
and the remainder in the Costs of Issuance Fund held thereunder.
If at any time prior to 90 days after the Closing Date, any event occurs as a result of
which information relating to the Local Agency included in the official statement of the Authority relating
to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an untrue
statement of a material fact or omits to state any material fact necessary to make the statements therein
in light of the circumstances under which they were made, not misleading, the Local Agency shall
promptly notify the Authority and the Underwriter thereof, and if, in the opinion of the Authority or the
Underwriter, such event requires the preparation and publication of a supplement or amendment to the
Official Statement, the Local Agency shall cooperate with the Authority and the Underwriter in the
preparation of an amendment or supplement to the Official Statement in a form and in a manner approved
by the Authority and the Underwriter, and all reasonable expenses incurred thereby shall be paid by the
Local Agency.
Section 5. The Note. The Note shall be issued in substantially the form set forth in the
Resolution, without coupons in the full principal amount set forth in Exhibit A.
Section 6. Representations and Warranties of the Local Agency. The Local Agency
represents and warrants to the Authority and the Underwriter that:
(a) All representations and warranties set forth in the Resolution are true and correct
on the date hereof and are made for the benefit of the Authority and the Underwriter as if set forth
herein.
(b) The information relating to the Local Agency included in the Official Statement does
not contain any untrue statement of a material fact or omit to state any material fact necessary to make
the statements therein in light of the circumstance under which they were made not misleading.
(c) A copy of the Resolution has been delivered to the Authority and the Underwriter,
and the Resolution will not be amended or repealed without the consent of the Authority and the
Underwriter, which consent will not be unreasonably withheld.
(d) The Local Agency acknowledges that the Authority is authorized to execute the
Indenture, to assign the Note to the Trustee under the Indenture and to issue the Series of Bonds pursuant
to the Indenture.
(e) The Local Agency shall provide the required Payment-Account Deposit Certification
(upon a request therefor) in accordance with Section 5.06 of the Indenture. -
Section 7. Conditions Precedent to the Closing. Conditions precedent to the Closing
are as follows:
(a) The execution and delivery of the Note consistent with the Resolution.
(b) Delivery of a legal opinion addressed to the Local Agency (with a reliance letter
addressed to the Authority and the Underwriter), dated the date of Closing, of Orrick, Herrington &
Sutcliffe ("Bond Counsel") with respect to the validity of the Note in form and substance acceptable to
the Authority and the Underwriter.
LAI-100267.1 3
(c) Delivery of a legal opinion, dated the date of Closing, of counsel to the Local
Agency, with respect to the due authorization, execution and delivery of the Note, in form and substance
acceptable to Bond Counsel.
(d) Approval by the Credit Provider of the credit of the Local Agency and inclusion
of the Local Agency's Note in the assignment, together with notes of other Issuers, to a Series of Bonds,
to secure the Series of Bonds, which approval in the event the Credit Instrument is the Reserve Fund shall
be evidenced by the issuance of an "SP-1+" rating with respect to the applicable Series of Bonds by
Standard & Poor's Ratings Group.
(e) Delivery of each certificate, document, instrument and opinion required by the
agreement between the Authority and the Underwriter for the sale by the Authority and purchase by the
Underwriter of the Series of Bonds to which the Pooled Note is assigned.
(f) Delivery of such other certificates, instruments or opinions as Bond Counsel may
deem necessary or desirable to evidence the due authorization, execution and delivery of documents
pertaining to this transaction and the legal, valid and binding nature thereof or as may be required by the
Credit Agreement, as well as compliance of all parties with the terms and conditions thereof. , '
Section S. Events Permitting the Authority to Terminate. The Authority may
terminate its obligation to purchase the Note at any time before the Closing if any of the following
occurs:
(a) Any legislative, executive or regulatory action (including the introduction of
legislation) or any court decision which, in the judgment of the Authority, casts sufficient doubt on the
legality of obligations such as the Note, and the tax-exempt status of interest on obligations such as the
Bonds, so as to impair materially the marketability or to reduce materially the market price of such
obligations;
(b) Any action by the Securities and Exchange Commission or a court which would
require registration of the Note, the Bonds or any instrument securing the Note or Bonds under the
Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of
the Resolution or the Indenture under the Trust Indenture Act of 1939, as amended;
(c) Any restriction on trading in securities, or any banking moratorium, or the
inception or escalation of any war or major military hostilities which, in the judgment of the Authority,
substantially impairs the ability of the Underwriter to market the Bonds;or
(d) The Underwriter terminates its obligation to purchase the Series of Bonds to
which the Note is assigned pursuant to its agreement with the Authority for the purchase of such Series
of Bonds. -
Neither the Underwriter nor the Authority shall be responsible for the payment of any
fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the
Underwriter shall be responsible for California Debt Advisory Commission fees and for its own internal
costs. The fees, costs and expenses that are categorized in the "Costs of Issuance" definition in the
Indenture shall be paid from the Costs of Issuance Fund. The Local Agency shall pay any additional
costs attributable to it as set forth in the Resolution other than the fees, costs and expenses so payable
from the applicable Costs of Issuance Fund.
LAI-100267.1 4
0OC33
Section 9. Indemnification. To the extent permitted by law, the Local Agency agrees
to indemnify and hold harmless the Authority and the Underwriter and each person, if any, who controls
(within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the
Securities Act of 1934, as amended) the Authority or the Underwriter, and the officers, directors, agents
and employees of the Authority and the Underwriter against any and all losses, claims, damages,
liabilities and expenses arising out of any statement or information in the Preliminary Official Statement
or in the Official Statement(other than statements or information regarding an Issuer other than the Local
Agency) that is untrue or incorrect in any material respect or the.omission or alleged omission therefrom
of any statement or information (other than statements or information regarding an Issuer other than the
Local Agency) that should be stated therein or that is necessary to make the statements and information
therein not misleading in any material respect.
Section 10. Credit Agreement. The Local Agency shall comply with all lawful and
proper requests of the Authority in order to enable the Authority to comply with all of the terms,
conditions and covenants binding upon it under the Credit Agreement.
Section 11. Notices. Any notices to be given to the Underwriter under the Purchase
Agreement shall be given in writing to Sutro & Co. Incorporated, 555 South Flower Street, Suite 3400,
Los Angeles, CA 90071, Attention: Catherine W. Bando. Any notices to be given to the Authority
under the Purchase Agreement shall be given in writing to the Authority, 1100 "K Street, Suite 141,
Sacramento, CA 95814, Attention: Secretary. Any notices to be given to the Local Agency shall be given
in writing to the address specified in Exhibit A.
Section 12. No Assienment. The Purchase Agreement has been made by the Local
Agency and the Authority, and no person other than the Local Agency and the Authority or their
successors or assigns and the Underwriter shall acquire or have any right under or by virtue of the
Purchase Agreement. All of the representations, warranties and agreements contained in the Purchase
Agreement shall survive the delivery of and payment by the Authority for the Note and any termination
of the Purchase Agreement.
Section 13. Applicable Law. The Purchase Agreement shall be interpreted, governed
and enforced in accordance with the laws of the State of California.
Section 14. Effectiveness. The Purchase Agreement shall become effective upon the
execution hereof by the Authority and execution of the Pricing Confirmation by the Local Agency, and
the Purchase Agreement, including the Pricing Confirmation, shall be validz binding and enforceable from
and after the time of such effectiveness.
Section 15. Severability. In the event any provision of the Purchase Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not 'invalidate
or render unenforceable any other provision hereof.
Section 16. Headings. Any headings preceding the text of several sections hereof shall
be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they
affect its meaning, construction or effect.
Section 17. Execution in Counterparts. This Purchase Agreement may be executed
and entered into in several counterparts,each of which shall be deemed an original, and all of which shall
constitute but one and the same instrument.
L.n M00267.1 5
00Q 34
IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement to
be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit A
• attached hereto and incorporated herein.
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
By
Member of the Commission
of the Authority
LAI-IM67.t 6
000 X35
EXHIBIT A
PRICING CONFIRMATION
Name of Local Agency: CITY OF ATASCADERO
Address of Local Agency:
Principal Amount of Note: $
Interest Rate (Note Rate):
Net Interest Cost (NIC):
Default Rate:
Purchase Price
(including costs
of issuance):
Less:
Costs of Issuance:
Credit Instrument Cost:
Deposit to Proceeds
Account:
Resolution Date
of Local Agency:
Purchase Date:
Closing Date:
Maturity Date: is
Date:
First Pledge Month:
Pledge Amount:
Pledge Percentage:
Second Pledge Month:
Pledge Amount:
Pledge Percentage:
Reserve Requirement:
Series of Bonds to which
Note will be assigned:
Note/Series of Bonds Secured
by Credit Instrument: _yes — no
Type of Credit Instrument:
Credit Provider:
Credit Agreement: -
If Credit Instrument is the Reserve Fund,
is there a Reserve Credit Instrument? _yes _ no
[.n1-100267.1 A-1
0(A9 ��
. By initialing the box at the end of this paragraph, the undersigned Local Agency
certifies that, in connection with the issuance of the Note under the Resolution and after reasonable
inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all tax-exempt
obligations (excluding private activity bonds) issued or to be issued by the Local Agency during the 1995
calendar year, including the Note, all other notes and bonds, and all tax-exempt leases, executed or
delivered during the 1995 calendar year will not exceed $5,000,000 (See Section 3.8 of the Certificate
of the Local Agency if the Local Agency is unable to make this certification) . . . . . . . . . . . . ❑
Investment Alternative-Initial the appropriate box relating to the investment of proceeds
received from the issuance and delivery of the Local Agency's Note:
Initial
One Box
Yes, the undersigned directs the Trustee to invest the proceeds
received from the issuance and delivery of the Local Agency's Note
in the Guaranteed Investment Contract described in Attachment I.
(Do not wire the proceeds as previously directed in Section 4.7 of ❑
the Certificate of the Local Agency.) Yes
No, do not invest the proceeds received from the issuance and
delivery of the Local Agency's Note in the Guaranteed Investment
contract, wire the proceeds as directed in Section 4.7 of the
• Certificate of the Local Agency. No ❑
IN WITNESS WHEREOF,the Purchase Agreement, including this Pricing Confirmation,
is agreed and accepted to on the Purchase Date set forth above.
CITY OF ATASCADERO
By
Authorized Representative
" Please initial the box at the end of Paragraph No. 16 only if applicable to the Local Agency.
LAI-100267.1 A-2
0 'r''" '�
i
a
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Meeting Date: 05/23/95
Agenda Item A-5
i
From: Andy Takata, City Manager6y—
SUBJECT:
Retirement of Henry Engen, Community Development Direntor.
RECOMMENDATION:
Adopt Resolution No. 46-95 authorizing the execution of a contract retiririg
Henry Engen.
i
j
I
i
RESOLUTION NO. 46-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF A CONTRACT RETIRING HENRY ENGEN
The City Council of the City of Atascadero, California hereby resolves as
follows:
1 . The Mayor is hereby authorized to execute a retirement contract wixh
Henry Engen.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply
with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Atascadero held on the 23rd day of May, 1995.
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
Contract No. 95010
RETIREMENT AGREEMENT
WHEREAS, Henry Engen has faithfully served, the City of Atascadero as its
Community Development Director for many years;
WHEREAS, he has voluntarily chosen to retire from his distinguished career
in public service;
WHEREAS, his invaluable knowledge of the City of Atascadero, its history
and its laws and policies makes him a unique resource for further consultation by
City staff;
WHEREAS, the City of Atascadero is in continued need of providing quality
City services in a cost effective manner within current fiscal constraints;
WHEREAS, Mr. Engen has agreed to provide needed consultation and to
allow his accrued benefit pay to be paid over time instead of being paid in a lump
sum; and
• WHEREAS, this agreement will provide the most cost effective method to
pay Mr. Engen his benefits while providing needed public services.
NOW, THEREFORE, the parties hereto acknowledge the truth of the above
recitals and agree to the following terms and conditions.
1 . This agreement is entered into this 23rd day of May, 1995, by and between
Henry Engen, an individual, currently the City Community Development
Director (hereinafter "Employee"), and the City of Atascadero, a municipal
corporation (hereinafter "City").
2. This City and Employee will work together in good faith to provide for the
retirement of Employee as provided herein.
3. Employee shall be paid his salary and benefits, except for the accrual of
additional vacation and sick leave, from June 2, 1995, until Employee's
accrued vacation and one-half accrued sick leave, on that date, is expended.
Employee hereby retires/resigns effective at the end of this time.
1
J
4. City and Employee shall work in good faith to implement the actions •
necessary to provide employee with two years PERS service credit as
currently allowed by State Law. If this is not provided by the City, the
Employee may revoke the retirement/resignation provided above.
5. The remedies set forth in this agreement shall not be exclusive but shall be
cumulative with, and in addition to, all remedies now or hereafter allowed by
law or equity.
6. The waiver of any breach by any party of any provision of this agreement
shall not constitute a continuing waiver or a waiver of any subsequent
breach of this agreement.
7. This agreement is specifically not assignable to any person or entity. Any
assignment or attempt to assign, whether it be voluntary or involuntary, by
operation of law or otherwise, is void and is a material breach of this
agreement.
8. Except as otherwise expressly provided for in this agreement, should the
performance of any act required by this agreement to be performed by either
party be prevented or delayed by reason by any act of God, strike, lockout,
labor trouble, inability to secure materials, or any other cause except
financial inability not the fault of the party required to perform the act, the
time for performance of the act will be extended for a period of time •
equivalent to the period of delay and performance of the act during the
period of delay will be excused; provided, however, that nothing contained
in this Section shall exclude the prompt payment by either party as required
by this agreement or the performance of any act rendered difficult or
impossible solely because of the financial condition of the party required to
perform the act.
9. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this agreement or by law to be
served on or given to any party to this agreement shall be in writing and
shall be deemed duly served and given when personally delivered or in lieu of
such personal service when deposited in the United States mail, first-class
postage prepaid to the following address for each respective party:
PARTY ADDRESS
A. Employee Henry Engen
2
B. City City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
10. This agreement and all matters relating to this agreement shall be governed
by the laws of the State of California in force at the time any need for the
interpretation of this agreement or any decision or holding concerning this
agreement arises.
11 . This agreement shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors and assigns of the parties hereto, but
nothing in this Section shall be construed as a consent by City to any
assignment of this agreement or any interest in this agreement.
12. Should any provision of this agreement be held by a court of competent
jurisdiction or by a legislative or rulemaking act to be either invalid, void or
unenforceable, the remaining provisions of this agreement shall remain in full
force and effect, unimpaired by the holding, legislation or rule.
13. This agreement constitutes the sole and entire agreement between the
parties with respect to the subject matter hereof. This agreement correctly
sets forth the obligations of the parties hereto to each other as of the date
of this agreement. All agreements or representations respecting the subject
matter of this agreement not expressly set forth or referred to in this
agreement are null and void.
14. . Time is expressly declared to be of the essence of this agreement.
15. The parties hereby represent that the individuals executing this agreement
are expressly authorized to do so on and in behalf of the parties.
16. The parties agree that each has had an opportunity to have their counsel
review this agreement and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting shall not apply in the
interpretation of this agreement or any amendments or exhibits thereto. The
captions of the sections are for convenience and reference only, and
reference only, and are not intended to be construed to define or limit the
provisions to which they relate.
18. Amendments to this agreement shall be made only with the mutual written
consent of all of the parties to this agreement.
0 3
Executed on 1995, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
LEE PRICE R. DAVID BEWLEY
City Clerk Mayor
Approved as to form:
By:
ARTHER R. MONTANDON, Henry Engen,
City Attorney Employee
4
I
I
REPORT TO CITY COUNCIL Meeting Date: 5/2/95
CITY OF ATASCADERO Agenda item: s-1 (A&B)
Through: Andy Takata,City Manager
_ � I
From: Michael P. McCain, Fire Chief
SUBJECT:
Weed abatement public hearing.
{
RECOMMENDATION:
i
Recommend action by motion, i.e., "I move that the Fire Chiu or his authorized
representatives are ordered to abate the nuisance of noxious o4 dangerous weeds
on the lots identified in Resolution No. 32-95."
BACKGROUND:
As part of the weed abatement process, the Council is required to hear objections
to the proposed removal of weeds, rubbish, and other combustible material.
This hearing allows any affected property owner to pro�est the proposed
abatement of hazards on his property. ?
1
After hearing the objections, Council overrules or allows ank objections. This
can be done by resolution of motion. I recommend action by motion, i.e., "I move
we (allow -- overrule) the objection to the proposed removal of noxious or
dangerous weeds on the lots identified."
After disposing of the objections, or if no objections are made, the Council orders
the abatement of the nuisance. This also can be done by motion or resolution.
FISCAL IMPACT:
Costs involved in administering this program are recovered through the
administrative fee charged to parcels abated by the City contrajctor.
i
t
MM:ps
Qof-',� 9
REPORT TO CITY COUNCIL Mtg. Date: 5/23/95
CITY OF ATASCADERO Agenda Item: B-1(B)
Through: Andy Takata,City Manager
From: Michael P. McCain, Fire Chief 'yYj
SUBJECT
Weed abatement contract Bid #95-02.
RECOMMENDATION
Recommend awarding of contract for hand work and tractor work to Jack R.
Bridwell, and adopt Resolution No.43-95 authorizing the execution of a contract
with said contractor.
BACKGROUND
Bids for the weed abatement contract were Y Y opened 5/8/95, b Cindy Wilkins,
Deputy City Clerk. As indicated on the attached bid summary sheet, three bids
were submitted.
I recommend awarding the bid to the lowest bidder, Jack R. Bridwell. Mr.
Bridwell provided weed abatement contract services for the City on a previous
occasion and performed satisfactorily.
FISCAL IMPACT
Funds are budgeted annually to cover costs of the weed abatement program and
fees are recovered through assessments on property tax bills.
MM:ps
Attachments: Resolution No. 43-95
Notice of Award
Bid Summary - Bid #95-02
Contract No. 95009
RESOLUTION NO. 43-95
•
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH
JACK BRIDWELL
FOR
WEED ABATEMENT SERVICES
The City Council of the City of Atascadero, California hereby resolves as
follows:
1. The Mayor is hereby authorized to execute an agreement with Jack
Bridwell for weed abatement services.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply
with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Atascadero held on the 23th of May, 1995.
ATTEST: CITY OF ATASCADERO
LEE PRICE,City Clerk R. DAVID BEWLEY, Mayor
City of Atascadero
Bid No. 95-02 Weed Abatement
NOTICE OF AWARD
Dated 5/23/95
To Tack R. Bridwell
(Bidder)
Address 11600 Viejo Camino
Atascadero, CA 93422
Contract for: Furnishing to the City of Atascadero all labor, materials,
equipment, transportation, services and supplies necessary to provide weed
abatement.
You are notified that your response, dated May 8, 1995 for the above Contract
has been considered. You are the apparent successful bidder and have been
awarded a contract for City of Atascadero weed abatement per Bid No. 95-02.
The Contract Price of your contract is computed on an hourly basis as follows:
Large parcel mowing 25.00 er hour, 15.00 per 1 2 hour;
p �—p , $ p / ,
Hand work $14.00 per hour, $10.00 per 1/2 hour;
Hauling $10.00 hour, $8.00 per half-hour, payable at end of contract.
You must deliver to the City two fully executive counterparts of the Agreement
including all the Contract Documents.
ATTEST: CITY OF ATASCADERO
LEE PRICE,City Clerk R. DAVID BEWLEY, Mayor
U00C-1
BID SUMMARY
TO: Chief.MWke-McCain
Captain Fred Motlo
Atascadero Fire Department
FROM: Lee Price
City Clerk
BID NO.: 95-02
OPENED : 5/8/95 2:00 p.m.
PROJECT: WEED ABATEMENT 1995
Three (3) bids were received and opened today, as follows:
Contractor Part 1 Part 11 Part 111
Jack R. Bridwell 25.00/hr. 14.00/hr. 10.00/hr.
11600 Viejo Camino 15.00/%2 hr. 10.00/'/2 hr. 8.00/'/2 hr.
Atascadero, CA 93422
466-8459
Brett's Tractor Service 25.00/hr. 15.00/hr. 10.00/hr.
605.3rd Street 15.00/%2 hr. 10.00/% hr. 7.50/% hr.
Paso Robles, CA 93446
237-2288
L&D Service 45.00/hr. 15.00/hr. 50.00/hr.
P.O. Box 2278 22.50/'/2 hr. 7.50/'/2 hr. 25.00/% hr.
Paso Robles, CA 93447
239-0396
Attachments: 3 Bids
00WI-1 3
0dN
CITY OF ATASCADERO
b 19�: F
Office of Purchasing Agent
6500 Palma Ave., Atascadero, CA 93422 ;
OFFICE
INVITATION AND BID BID NO. 95-02
Sealed bids, subject to the conditions hereon, will be received at the office
of the City Clerk until 2:00 o'clock, P.M., May 8, 1995, and then publicly
. opened, for furnishing the following services at various locations within the
City of Atascadero:
WEED ABATEMENT
Bidder-Contractor: Clf 6otl /5 , �aveId ;e L
Address: �l�Lill I�rLlvt �>
Instructions-
You
nS r c ;onsYou may bid on any one or all of the following items. The contractor must
comply with the attached Legal Regulations and Responsibilities. The City
reserves the right to reject any or all bids and to waive any irregularity or
informality of any bids to the extent permitted by law. The Fire Chief, or
his authorized representative, may exercise the authority to reject any work
not considered satisfactory.
This bid includes both large parcels (tractor work) , small lots (hand work -
weed-eater) and debris removal (hauling) . The minimum time per job on any
parcel or lot will be one-half hour. Please indicate tractor and mower size
and type. Recommended equipment for large parcels is two 4-wheel drive
tractors; for small parcels (hand work) is a "4-man crew; a pick-up is
sufficient for most hauling.
Part I: Large PaLceI7 Mowing (one acre or more)
Tractor with operator $ per hr
$ J , per 1/2 hr
Part II: Hand WArk, Weed-eater (small. lots or lots not
accessible with tractor) t�
$ / L per hr _
$_JD-- per 1/2 hr
Part III: Haul_ ;na: Removal of debris from parcels to the landfill.
$ f per hour
S per 1/2 hr
1
00 el y ��
WEED ABATEMENT BID - Instructions Bid No. 95-02
Page 2 of 4
The Contractor upon being awarded the abatement contract, shall provide
evidence of insurance as per City requirements. He shall provide a camera and
all the black and white film needed so as to take a picture of each lot he
cleans before and after work is completed. The film shall be developed and
submitted with the Contractor's bill for abatement work. Each picture shall
be identified by parcel number, date work completed, and operator. If the
contractor cannot prove he did the work, then he is to absorb the cost.
Include in your bid the cost of the film and film developing for each parcel.
Safety equipment to be provided as required by Atascadero City Fire
Department. Each towing and/or crew vehicle shall have installed on board one
2A 10BC fire extinguisher and cwo roupd-point shovels. Each tractor shall
have installed on board one 2 1/2 gallon water extinguisher and one 2A 10BC
fire extinguisher.
Contractor must obtain, all licensing required to practice in the City of
Atascadero and State of California. tt
Contractor shall be required to sign an agreement with the City of Atascadero:
The contract contains a wide variety of provisions including insurance
requirements of the bidder. A sample contract is available at the Atascadero
City Fire Department, 6005 Lewis Avenue, Atascadero.
LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC
Contractor's Insurance: The Contractor shall not commence work under this
contract until s/he shall have obtained all insurance required, and such
insurance shall have been approved by the City as to form, amount, carrier nor
shall contractor allow any subcontractor to commence work in his subcontract
until similar insurance required of the subcontractor shall have so obtained
and approved.
(a) Worker's Compensation and Other Employee Benefits-;- City and Contractor
intend and agree that Contractor is an independent contractor of City
. and agrees that Contractor and Contractor's employees and agents has no
right to worker's compensation and other employee benefits. If any
worker insurance protection is desired, Contractor agrees to provide
worker's compensation and other employee benefits, where required by
law, for Contractor's employees and agents. Contractor agrees to hold
harmless and indemnify City for any and all claims arising out of any
claim for injury, disability, or death of any of Contractor and
Contractor's employees or agents.
(b) Public Liability and Property Damage Insurance•
Contractor shall take out and maintain during the life of this contract
such public liability and property damage insurance as shall protect
City, its elective an appointive boards, officers, agentsand employees,
and Contractor and any agents and employees performing work covered by
this contract from claims for damages for personal injury, including
death, as well as from claims for property damage which', may arise from
Contractor's or any subcontractor's operations under ,this contract,
whether such operations be by Contractor or by anyone directly or
indirectly employed by Contractor, and the amounts of such insurance
shall be as follows:
i
2
Page 3 of 4 WEED ABATEMENT BID - Instructions Bid No. 95-02
(1) Eubl i . Liability Insurance,
In an amount not less than $1,000,000 for injuries,
including, but not limited to death, to any one person and,
subject to the same limit for each person, in an amount not
less than $500,000 on account of any one occurrence;
(2) Property Damage TnsurancP
In an amount of not less than $500,000 for damage to the
property of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability
Bodily injury liability coverage of $500,000 for each person
in any one accident and $1,000,000 for injuries sustained by
two or more persons in any one accident. Property damage
liabilty of $500,000 for each accident.
(4) Worker's omp _n satinn Insurance �
e
In the amounts required by law as set forth in section (a)
above.
(c) Proof of ins ance-
Contractor shall furnish City, concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance
required, and adequate legal assurance that each carrier will give
City at least thirty (30) days' prior notice of the cancellation
of any policy during the effective period of this contract. The
certificate or policy of liability insurance shall name City as an
additional insured with the Contractor.
TO THE CITY PURCHASING AGENT: Date: q
In compliance with the above invitation for bids, and subject to all the
conditions thereof, the undersigned offers, and agrees, if this bid be
accepted within days from the date of opening; to furnish any or all of
the items upon which prices are quoted, at the price set opposite each item,
delivered at the point (s) as specified and, unless otherwise specified within
days after receipt of order.
Discount of % will be allowed for payment within S'Q' days from date of
delivery. f
Bidder: DkJauieu
By: _.
(signaturef authorized person)
Title:_ �
Address: ML V1 C/ M (A 5.(L
Phone• �`� �.� O y I
3
00Vr . �
WEED ABATEMENT BID - Instructions Bid. No. 95-02
Page 4 of 4
IMPORTANT INSTRUCTIONS TO BIDDER: Bids must be sealed and
addressed to:
City of Atascadero, City Clerk, Bid No. 95-02
6500 Palma Avenue, Atascadero, CA 93422
(One copy of this bid to be retained by bidder)
e
e
4
• f• - V lO'-i t/ t
CITY OF ATASCADERO
Office of Purchasing Agent
6500 Palma Ave., Atascadero, CA 93422 _.. .-..�...�
_CI(Y OF A 'S ODERO --
CITY CLERK'S OFFICE
INVITATION AND BID BID NO. 95-02
Sealed bids, subject to the conditions hereon, will be received at the office
.of the City Clerk until 2:00 o'clock, P.M., May 8, 1995, and then publicly
opened, for furnishing the following services at various locations within the
City of Atascadero:
WEED ABATEMENT
Bidder-Contractor:_ OMAT t
Address:— L 3,� - 7-c-¢.'C f a 5• Qc��e e cJ� �� `f y��
rn�r ,�rion4•
.�e
You may bid on any one or all of the following items. The contractor must
comply with the attached Legal Regulations and Responsibilities. The City
reserves the right to reject any or all bids and to waive any irregularity or
informality of any bids to the extent permitted by law. The Fire Chief, or
his authorized representative, may exercise the authority to reject any work
not considered satisfactory.
This bid includes both large parcels (tractor work) , small lots (hand work -
weed-eater) and debris removal (hauling) . The minimum time per job on any
parcel or lot will be one-half hour. Please indicate tractor and mower size
and type. Recommended equipment for large parcels is two 4-wheel drive
tractors; for small parcels (hand work) is a 4-man crew; a pick-up is
sufficient for most hauling.
Part I: Large Parcel: Mowing (one acre or more)
Tractor with operator $ S per hr
per 1/2 hr
Part II: Hand Work: Weed-eater (small lots or lots not -
accessible with tractor)
$ per hr
per 1/2 hr
Part III: Hauling: Removal of debris from parcels to the landfill.
v-�
per hour
S per 1/2 hr
i
- 1
0000,-YB
WEED ABATEMENT BID - Instructions Bid No. 95-02
Page 2 of 4
• The Contractor upon being awarded the abatement contract, shall provide
evidence of insurance as per City requirements. He shall provide a camera and
all the black and white film needed so as to take a picture of each lot he
cleans before and after work is completed. The film shall be developed and
submitted with the Contractor's bill for abatement work. Each picture shall
be identified by parcel number, date work completed, and operator. If the
contractor cannot prove he did the work, then he is to absorb the cost.
Include in your bid the cost of the film and film developing for each parcel.
Safety equipment to be provided as required by Atascadero City Fire
Department. Each towing and/or crew vehicle shall have installed on board one
2A 1OBC fire extinguisher and two round-point shovels. Each tractor shall
have installed on board one 2 1/2 gallon water extinguisher and one 2A 1OBC
fire extinguisher.
Contractor must obtain all licensing required to practice in the City of
Atascadero and State of California.
e
Contractor shall be required to sign an agreement with the City of Atascadero'
.
The contract contains a wide variety of provisions including insurance
requirements of the bidder. A sample contract is available at the Atascadero
City Fire Department, 6005 Lewis Avenue, Atascadero.
LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC
Contractor's Insurance* The Contractor shall not commence work under this
contract until s/he shall have obtained all insurance required, and such
insurance shall have been approved by the City as to form, amount, carrier nor
shall contractor allow any subcontractor to commence work in his subcontract
until similar insurance required of the subcontractor shall have so obtained
and approved.
(a) worker's Compensation and Other moloyP Benefits;_ City and Contractor
intend and agree that Contractor is an independent contractor of City
. and agrees that Contractor and Contractor's employees and agents has no
right to worker's compensation and other employee benefits . If any
worker insurance protection is desired, Contractor agrees to provide
worker's compensation and other employee benefits, where required by
law, for Contractor's employees and agents. Contractor agrees to hold
harmless and indemnify City for any and all claims arising out of any
claim for injury, disability, or death of any of Contractor and
Contractor's employees or agents.
(b) Publin Liability and Prosy Damage Insurance
Contractor shall take out and maintain during the life of this contract
such public liability and property damage insurance as shall protect
City, its elective an appointive boards, officers, agents and employees,
and Contractor and any agents and employees performing work covered by
this contract from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise from
Contractor's or any subcontractor's operations under this contract,
whether such operations be by Contractor or by anyone directly or
indirectly employed by Contractor, and the amounts of such insurance
shall be as follows :
2
00QI) ��
Page 3 of 4 WEED ABATEMENT BID - Instructions Bid No. 95-02
(1) Public LiabiliLy Inaurance. .
In an amount not less than $1, 000,000 for injuries,
including, but not limited to death, to any one person and,
subject to the same limit for each person, in an amount not
less than $500,000 on account of any one occurrence;
(2) Prop - Yy Damaare InS prance
In an amount of not less than $500,000 for damage to the
property of each person on account of any one occurrence.
(3) Comnr _h riSiyp A mm�hiIn Liability.
Bodily injury liability coverage of $500,000 for each person
in any one accident and $1,000,000 for injuries sustained by
two or more persons in any one accident. Property damage
liabilty of $500,000 for each accident.
(4) Worker's Compensation InSllrancP
e
In the amounts required by law as set forth in section .(&)
above.
(c) Proof of in urance-
Contractor shall furnish City, concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance
required, and adequate legal assurance that each carrier will give
City at least thirty (30) days' prior notice of the cancellation
of any policy during the effective period of this contract. The
certificate or policy of liability insurance shall name City as an
additional insured with the Contractor.
— — — —
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
TO THE CITY PURCHASING AGENT:
Date-
In compliance with the above invitation for bids, and subject to all the
conditions thereof, the undersigned offers, and agrees, if this bid be
accepted within a!D days from the date of opening, to furnish any or all of
the items upon which prices are quoted, at the price set opposite each item,
delivered at the point(s) as specified and, unless otherwise specified within
3"D days after receipt of order.
Discount of % will be allowed for payment within 30, days from date of
delivery - -
\
Bidder: � '--�';'1 � �' r c
By
(signature of author' ed=person)
Title: �`Co q__A e
Address:
Phone: J ' L
3
0 0 V .��►
WEED ABATEMENT BID - Instructions Bid. No. 95-02
Page 4 of 4
•
IMPORTANT INSTRUCTIONS TO BIDDER: Bids must be sealed and
addressed to:
City of Atascadero, City Clerk, Bid No. 95-02
6500 Palma Avenue, Atascadero, CA 93422
(One copy of this bid to be retained by bidder)
--e
e
4
000(r; �,
AY
Lli: I
CITY OF ATASCADERO
Office of Purchasing Agent i -°Tv---- ----�
6500 Palma Ave., Atascadero, CA 93422 CITY CLc.RK'S OFFICE
INVITATION AND BID BID NO. 95-02
Sealed bids, subject to the conditions hereon, will be received at the office
of the City Clerk until 2:00 o'clock, P.M., May 8, 1995, and then publicly
opened, for furnishing the following services at various locations within the
City of Atascadero:
WEED ABATEMENT
Bidder-Contractor: L&D SERVICE
r'./.
Address: P ASO R�€�LrS, Cly 93447
Instructions:
c
You may bid on any one or all of the following items. The contractor must
comply with the attached Legal Regulations and Responsibilities. The City
reserves the right to reject any or all bids and to waive any irregularity or
informality of any bids to the extent permitted by law. The Fire Chief, or
his authorized representative, may exercise the authority to reject any work
not considered satisfactory.
This bid includes both large parcels (tractor work) , small lots (hand work -
weed-eater) and debris removal (hauling) . The minimum time per job on any
parcel or lot will be one-half hour. Please indicate tractor and mower size
and type. Recommended equipment for large parcels is two 4-wheel drive
tractors; for small parcels (hand work) is a 4-man crew; a pick-up is
sufficient for most hauling.
Part I: Large Parcel: Mowing (one acre or more)
Tractor with operator $ At- per hr
$ 6per 1/2 hr
Part II: Hand Work: Weed-eater (small lots or lots not_�_-
accessible with tractor)
$ � � per hr
$_7,5—Q per 1/2 hr
Part III: Haulinar: Removal of debris from parcels to the landfill.
$ 50 o 00per hour
$ —, OUper 1/2 hr
' 1
000,11,
WEED ABATEMENT BID - Instructions Bid No. 95-02.
Page 2 of 4
• The Contractor upon being awarded the abatement contract, shall provide
evidence of insurance as per City requirements. He shall provide a camera and
all the black and white film needed so as to take a picture of each lot he
cleans before and after work is completed. The film shall be developed and
submitted with the Contractor's bill for abatement work. Each picture shall
be identified by parcel number, date work completed, and operator. If the
contractor cannot prove he did the work, then .he is to absorb the cost.
Include in your bid the cost of the film and film -developing for each parcel.
Safety equipment to be provided as required by Atascadero City Fire
Department. Each towing and/or crew vehicle shall have installed on board one
2A 1OBC fire extinguisher and two round-point shovels. Each tractor shall
have installed on board one 2 1/2 gallon water extinguisher and one 2A 1OBC
fire extinguisher.
Contractor must obtain all licensing required to practice in the City of
Atascadero and State of California.
Contractor shall be required to sign an agreement with the City of Atascadero.
The contract contains a wide variety of provisions including insurance
requirements of the bidder. A sample contract is available at the Atascadero
City Fire Department, 6005 Lewis Avenue, Atascadero.
LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC
Contractor's Insurance: The Contractor shall not commence 'work under this
contract until s/he shall have obtained all insurance required, and such
insurance shall have been approved by the City as 'to form, amount, carrier nor
shall contractor allow any subcontractor to commence work in his subcontract
until similar insurance required of the subcontractor shall have so obtained
and approved.
(a) Worker's CoMpenaation and Other mployeBenefits* City and Contractor
intend and agree that Contractor is an independent contractor of City
and agrees that Contractor and Contractor's employees and agents has no
right to worker's compensation and other employee benefits. If any
worker insurance protection is desired, Contractor agrees to provide
worker's compensation and other employee benefits, where required by
law, for Contractor's employees and agents. Contractor agrees to hold
harmless and indemnify City for any and all claims arising out of any
claim for injury, disability, or death of any;: of ', Contractor and
Contractor's employees or agents.
(b) Publi _ Liability and Prone ry Damaae Insurance:
Contractor shall take out and maintain during the life of this contract
such public liability and property damage insurance as shall protect
City, its elective an appointive boards, officers, agents and employees,
and Contractor and any agents and employees performing work covered by
this contract from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise from
Contractor's or any subcontractor's operations under this contract,
whether such operations be by Contractor or by anyone directly or
indirectly employed by Contractor, and the amounts of such insurance
shall be as follows:
2
000 L)3
WEED ABATEMENT BID - Instructions Bid No. 95-02
Page 3 of 4
(1) Public Liability Innurance-
In an amount not less than $1,000,000 for injuries,
including, but not limited to death, to any one person and,
subject to the same limit for each person, in an amount not
less than $500,000 on account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $500,000 for damage to the
property of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability_
Bodily injury liability coverage of $500,000 for each person
in any one accident and $1,000,000 for injuries sustained by
two or more persons in any one accident. Property damage
liabilty of $500,000 for each accident.
(4) Worker's Compensation Insurance.-
In the amounts required by .law as set forth in section. (,a)
above.
(c) Proof of insurance:
Contractor shall furnish City, concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance
required, and adequate legal assurance that each carrier will give
City at least thirty (30) days' prior notice of the cancellation
of any policy during the effective period of this contract. The
certificate or policy of liability insurance shall name City as an
additional insured with the Contractor. 0
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TO THE CITY PURCHASING AGENT: Date:
In compliance with the above invitation for bids, and subject to all the
conditions thereof, the undersigned offers, and agrees, if this bid be
accepted within _� days from the date of opening, to furnish any or all of
the items upon which prices are quoted, at the price set opposite each item,
delivered at the point(s) as specified and, unless otherwise specified within
_ days after receipt of order.
Discount of % will be allowed for payment within:"30 days from date of
delivery.
Bidder: �-
� r "
By: L -
(signature of a thorized person)
Title: L&D
Address• LOSERVICE
••,, - /
Phone: _ P.�L _ - 3:=!' c�'� - o t i)
3
00W3b 4
WEED ABATEMENT ' BID - Instructions Bid. No. 95-02
Page 4 of 4
IMPORTANT INSTRUCTIONS TO BIDDER: Bids must be sealed and
addressed to:
City of Atascadero, City Clerk, Bid No. 95-02
6500 Palma Avenue, Atascadero, CA 93422
(One copy of this bid to be retained by bidder)
- 4
00elC���
CONTRACT NO.95009
AGREEMENT FOR SERVICES OF CONTRACTOR
This agreement is made upon the date of execution, as set forth below, by
and between Jack R. Bridwell, a weed abatement contractor, hereinafter referred
to as "Contractor", and the City of Atascadero, California, a Municipal
Corporation, hereinafter referred to as "City". The parties hereto, in
consideration of the mutual covenants contained herein, hereby agree to the
following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERM: This agreement will become effective on the date of
execution set forth below, and will continue in effect until terminated as
provided herein.
1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide the services specified in "Description of
Services" attached hereto as "Exhibit A" hereby incorporated herein.
Contractor shall determine the method, details and means of
performing the above-referenced services.
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the services required
of Contractor by this agreement. City may not control, direct or supervise
Contractor's assistants or employees in the performance of those services.
1.03 COMPENSATION: In consideration for the services to be
performed by Contractor, City agrees to pay Contractor the consideration
set forth in the amounts and under the terms provided in "Exhibit B",
hereby incorporated herein.
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR:
Contractor agrees to devote the hours necessary to perform the services set
forth in this agreement in an efficient and effective manner. Contractor
may represent, perform services for and be employed by additional
individuals or entities, in Contractor's sole discretion, as long as the
performance of these extra-contractual services does not interfere with or
presents a conflict with City's business. .
1
00 6
CONTRACT NO.95009
2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services under this
agreement except those listed in "Tools and instrumentalities provided by
City" attached hereto as "Exhibit C" and hereby incorporated herein.
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE
BENEFITS: City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor and
Contractor's employees and agents have no right to worker's
compensation and other employee benefits. If any worker insurance
protection is desired, Contractor agrees to provide worker's compensation
and other employee benefits, where required by law, for Contractor's
employees and agents. Contractor agrees to hold harmless and indemnify
City for any and all claims arising out of any claim for injury, disability, or
death of any of Contractor and Contractor's employees or agents. .
2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall,
hold City, its elective and appointive boards, officers, agents and
employees, harmless and shall defend the same from any liability for
damage or claims for damage, or suits or actions at law for in equity which
may allegedly arise from Contractor's or any of Contractor's employees' or
agents' operations under this agreement, whether such operations be by
Contractor or by any one or more persons directly or indirectly employed
by, or action as agent for, Contractor; provided as follows:
a. That the City does not, and shall not, waive any rights against
Contractor which it may have by reason of the aforesaid hold-
harmless agreement, because of the acceptance by City, or the
deposit with City by Contractor, of any of the insurance policies
hereinafter described.
b. That the aforesaid hold-harmless agreement by Contractor shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations of Contractor or any agent or employee of
Contractor regardless of whether or not such insurance policies
shall have been determined to be applicable to any of such
damages or claims for damages.
2.05 INSURANCE. Contractor shall not commence work under this
contract until s/he shall have obtained all insurance required under
this section and such insurance shall have been approved by City as
. to form, amount and carrier:
2
CONTRACT NO.95009
a. Public Liability and Property Damage Insurance.
Contractor shall take out and maintain during the life of this
contract such public liability and property damage insurance as
shall protect City, its elective an appointive boards, officers, agents
and employees, and Contractor and any agents and employees
performing work covered by this contract from claims for damages
for personal injury, including death, as well as from claims for
property damage which may arise from Contractor's or any
subcontractor's operations under this contract, whether such
operations be by Contractor or by anyone directly or indirectly
employed by Contractor, and the amounts of such insurance shall
be as follows:
(1) Public Liability Insurance.
In an amount not less than $1,000,000 for injuries, including,
but not limited to death, to any one person and, subject to the
same limit for each person, in an amount not less than
$500,000 on account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $500,000 for damage to the
property of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $500,000 for each person in
any one accident and $1,000,000 for injuries sustained by two
or more persons in any one accident. Property damage
liability of$500,000 for each accident.
(4) Worker's Compensation Insurance.
In the amounts required by law as set forth in Section 2.03
above. -
b. DEDUCTIBLES AND SELF-INSURED RETENTIONS:
Any deductible or self-insured retention must be declared to, and
approved by, the City. The City may required that either the insurer
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its elected or appointed officials, employees,
agents or volunteers; or the contractor shall procure a bond
guaranteeing payment of all losses, and related investigation,
claims administration and legal expenses.
•
3
CONTRACT NO.95009
•
C. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance required,
and adequate legal assurance that each carrier will give City at least
thirty (30) days' prior notice of the cancellation of,any policy during
the effective period of this contract. The certificate or policy of
liability insurance shall name City as an additional insured with
the Contractor.
2.06 REMEDY FOR CONTRACTOR'S ERRORS
Contractor agrees to reimburse the City in a period of up to one year for
errors that he creates in either the billing or work process. Upon
identification that an error was made on the contractor's part, the
abatement officer shall present the documentation which explains,the
error to the contractor for reimbursement. The contractor shall provide
reimbursement within 7 days of notification by the abatement officer for
his portion of the abatement fee, plus the $2 County fee for billing.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable
requests of Contractor necessary to the performance of Contractor's duties
under this agreement.
3.02 PLACE OF WORK: City agrees to furnish space for use by
Contractor while performing the services described in this agreement only
as set forth in "Exhibit D", hereby incorporated herein. Any work space
requirements not set forth in "Exhibit D" shall be the responsibility of
Contractor, and Contractor may use alternate space for performing
described services.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE: Notwithstanding any other
provision of this agreement, any party hereto may terminate this
agreement, at any time, without cause by giving at least fourteen (14) days
prior written notice to the other parties to this agreement.
4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of any of the
following events:
i
4
CONTRACT NO.95M
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the thirty (30) days as set forth in Section 4.01.-
(5)
.01;(5) End of the contract to which Contractor's services were necessary; or
(6) Assignment of this agreement by Contractor without the consent of
the City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF
CONTRACTOR: Should any party default in the performance of this
agreement or materially breach of any of its provisions, a non-breaching
party, at their option, may terminate this agreement, immediately, by
giving written notice of termination to the breaching party.
4.04 TERMINATION: This Agreement shall terminate on July 19, 1994
unless extended as set forth in this Section. The City, with the agreement
of Contractor, is authorized to extend the term of this Agreement beyond
the termination date, as needed, under the same terms and conditions set
forth in this Agreement. Any such extension shall be in writing and be an
amendment to this Agreement.
5.00 SPECIAL PROVISIONS
6.00 MISCELLANEOUS •
6.00 REMEDIES: The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to, all remedies
now or hereafter allowed by law or equity.
6.01 NO WAIVER: The waiver of any breach by any party of any
provision of this agreement shall not constitute a continuing waiver or a
waiver of any subsequent breach of this agreement.
6.02 ASSIGNMENT: This agreement is specifically not assignable by
Contractor to any person or entity. Any assignment or attempt to assign
by Contractor, whether it be voluntary or involuntary, by operation of law
or otherwise, is void and is a material breach of this agreement giving rise
to a right to terminate as set forth in Section 4.03.
6.03 ATTORNEY FEES: In the event of any controversy, claim or
dispute between the parties hereto, arising out of or related to this
agreement, or the breach thereof, the prevailing party shall be entitled, in
addition to other such relief as may be granted, to a reasonable sum as .
and for attorney fees.
5
000(11160
CONTRACT NO.95009
6.04 TIME FOR PERFORMANCE: Except as otherwise expressly
provided for in this agreement, should the performance of any act required
by this agreement to be performed by either party be prevented or delayed
by reason by any act of God, strike, lockout, labor trouble, inability to
secure materials, or any other cause except financial inability not the fault
of the party required to perform the act, the time for performance of the act
will be extended for a period of time equivalent to the period of delay and
performance of the act during the period of delay will be excused;
provided, however, that nothing contained in this Section shall exclude
the prompt payment by either party as required by this agreement or the
performance of any
act rendered difficult or impossible solely because of the financial
condition of the party required to perform the act.
6.05 NOTICES: Except as otherwise expressly provided by law, any and
all notices or other communications required or permitted by this
agreement or by law to be served on or given to any party to this
agreement shall be in writing and shall be deemed duly served and given
when personally delivered or in lieu of such personal service when
deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: Fire Dept.
B. Jack R. Bridwell 11600 Viejo Camino
Contractor Atascadero, CA 93422
6.06 GOVERNING LAW: This agreement and all matters relating to
this agreement shall be governed by the laws of the State of California in
force at the time any need for the interpretation of this agreement or any
decision or holding concerning this agreement arises.
6.07 BINDING EFFECT: This agreement shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, successors and
assigns of the parties hereto, but nothing in this Section shall be construed
. as a consent by City to any assignment of this agreement or any interest in
this agreement.
6
0cOQ I
CONTRACT NO.95009
6.08 SEVERABILITY: Should any provision of this agreement be held
by a court of competent jurisdiction or by a legislative or rulemaking act to
be either invalid, void or unenforceable, the remaining provisions of this
agreement shall remain in full force and effect, unimpaired by the holding,
legislation or rule.
6.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole and entire agreement between the parties with respect to the
subject matter hereof. This agreement correctly set forth the obligations of
the parties hereto to each other as of the date of this agreement. All
agreements or representations respecting the subject matter of this
agreement not expressly set forth or referred to in this agreement are null
and void.
6.10 TIME: Time is expressly declared to be of the essence of this
agreement.
6.11 DUE AUTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly authorized to do so on
and in behalf of the parties.
6.12 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and that any rule
of construction to the effect that ambiguities are to be resolved against the
drafting shall not apply in the interpretation of this agreement or any
amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and reference only, and are not intended
to be construed to define or limit the provisions to which they relate.
6.13 AMENDMENTS: Amendments to this agreement shall be in
writing and shall be made only with the mutual written consent of all of -_
the parties to this agreement.
Executed on , at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
LEE PRICE R. DAVID BEWLEY
City Clerk Mayor
7
00t r 6
CONTRACT NO.95009
• Approved as to form: Contractor:
By:
ARTHER R. MONTANDON JACK R. BRIDWELL
City Attorney Contractor
Approved as to content:
BRAD WHITTY
Finance Director
i
8
CONTRACT NO.95009
•
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor agrees to complete the project consisting of destroying noxious
or dangerous weeds, or other flammable materials found upon or in certain lots
and lands in the City of Atascadero, and the removal of tree branches, rubbish,
refuse and other waste materials as required by weed abatement regulations.
•
9
CONTRACT NO.95009
EXHIBIT B
CONSIDERATION FOR SERVICES
Bid No. 95-002 as follows:
Mowing large parcels (one acre or more) by tractor with operator, shall be
the rate of $25.00 per hour, $15.00 per half-hour, with the minimum time
per job on any parcel or lot to be one-half hour.
Hand work (Weed-eater) on small lots or lots not accessible with a tractor,
the cost shall be $14.00 per hour, $10.00 per half-hour, with the minimum
time per job on any parcel or lot to be one-half hour.
Hauling of debris from parcels to the landfill, the cost shall be $10.00 per
hour, $8.00 per one-half hour.
Contractor shall provide evidence of insurance as per City requirements.
Contractor shall provide a camera, dry erase board and pens, and color
film needed to take a picture of each lot he cleans before and after work is
completed. The film shall be developed and submitted with the
Contractor's bill for abatement work. Each picture shall be identified by
parcel, date work completed, and operator. If the contractor cannot prove
he did the work then he is to absorb the cost.
Safety equipment to be provided by Contractor, as required by Atascadero
City Fire Department. Each towing and/or crew vehicle shall have
installed on board one 2A 10BC fire extinguisher and two round-point --
shovels. Each tractor shall have installed on board one 21/2 gallon water
extinguisher and one 2A 10BC fire extinguisher.
Contractor must obtain all licensing required to practice in the City of
ATASCADERO and State of California.
1P
10
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
Through: Andrew J. Takata, City Manager Meeting Date: 5/23/95
From: Henry Engen, Community Development Director .
SUBJECT: Update on "Dove Creek", South Atascadero GenerallPlan Amendment -
Univest assumption
RECOMMENDATION: Direct staff to negotiate with Univest to (modify the current
project proposal, including funding to supplement Planning staffand an expanded,
project-specific Environmental Impact Report.
BACKGROUND:
The City has received the attached communication from Univest indicating that they
have a purchase agreement for the Hendrix/Frederick properties.!!; This 63-acre land
area is currently the subject of an Environmental Impact Report pr¢cess for a General
Plan and zoning amendment. Univest is seeking to modifying Ithis application to
include a specific development plan and resubdivision map leading to construction of
the project.
ANALYSIS:
The City has long proposed a specific timeline for processing thio project, as shown
in the attached communication. Univest is aware of the existing staffing limitations
of the City and is prepared to provide additional funding for st ff support for this
specific project. The City would select the project planner who jVould be reporting
to the Community Development Department to provide for aimel� performance. In -
addition, and upon receipt of the project application for .a development plan and
implementing subdivision map, the Environmental Impact Report work program with
SEDES would be amended to provide for a project-specific EIR. Staff has reviewed
this process in meetings with Mr. Meador, and they agree that they would then
assume the financial responsibilities for the remaining EIR work.
HE:cw
j
i
Enclosure: Univest letter from Thomas J. Lowe, President, 4/28Y95
c: Ray Meador, Public Asset Management, Inc.
3
i
000068
U N IV EST
1800 FIRST INTERSTATE TOWER
3550 NORTH CENTRAL AVENUE
PHOENIX, ARIZONA 85012
(602) 265-6500
April 28, 1995
Mr.Andrew J. Takata
City Manager
Atascadero Administrative Offices
6500 Palma Avenue
Atascadero, CA 93422-4299
Dear Mr. Takata:
Univest is a closely-held real estate development and management company located
in Phoenix, Arizona with regional offices in California, New Mexico, and Colorado.
Our primary focus is on the development and management of retail shopping
centers for our own account. Based upon our review of your local shopping area,
Univest concluded that there was an opportunity to develop a destination shopping
center within the County. Following our market survey, we began to isolate
potential development sites and access community attitudes toward this type of
discover, from our research, that within
development. We were pleased to
Atascadero there was a development site that met our specifications and a
community, in our observation, receptive to this type of development proposal.
To achieve our objective of developing a destination shopping center in Atascadero,
Univest has been negotiating a purchase agreement for the properties owned by the
Hendrix and Fredrick families. I am pleased to announce that the Purchase _
Agreement has now been signed and Univest is prepared to move forward with the
development application process.
Representing Univest throughout the development application process will be a
team consisting of the following individuals:
Univest -- Univest's Los Angeles partner, Deborah Bloomer, will be the
partner in charge of the full development process. Ms. Bloomer will also be
working to secure all lease commitments, in addition to representing
Univest's interest in this concept.
OU+ 169
Mr. Andrew J. Takata
Page 2 -
April 28, 1995
Stouten6orough, Inc. -- will serve as the project planner and architect. The
principal assigned to the project will be Mr. Todd Stoutenborough. We
asked Todd to join our team based upon his success in blending together the
interests of the community, the retailer and the owner to design a successful
project. We have asked him to initiate preliminary site planning studies and
architectural concepts for presentation to retailers.
Public Asset Management, Inc. -- will serve Univest in two capacities.
Univest recognizes that the entitlement process can be complicated and
involve numerous issues of community interest. Public Asset Management is
a company staffed with individuals who have successfully combined, the
interest of the community and the developer to assure a successful
development project. In addition, Public Asset Management will advise
Univest and the City regarding various public financing alternatives
(assessment district, etc.) that are available for consideration. Mr. Ray
Meador will be the individual assigned by PAM to this project. Ray has
represented cities throughout California and also has a background in
investment banking.
Under the terms of the Purchase Agreement, Univest is committed to moving
forward at a fast pace. To achieve our time commitments means close cooperation
with the City of Atascadero. Thus, we would like to meet with you in the near
future to define a schedule for the full entitlement process. It is our observation that
the current planning staff is "at capacity" and this type of development is complex
and time-consuming. Therefore, Univest is willing to pay for a special project
planner who would be retained by the City of Atascadero and assigned this one
project. Finally, if you think it appropriate to introduce ourselves, and the
development team, to the City Council, Planning Commission, or others, we would
be happy to do so under your direction.
On behalf of Univest and the development team, I look forward to working with you
and the City of Atascadero over the next several months.
Cordially,
Thomas J. Lowe
President
•
000��V0
Estimated Timeline for the Processing of a
General Plan Amendment, Zone Change and Environmental Impact
Report for Development Project
TIME ELAPSED: ACTION TAKEN:
One Week Application received and reviewed for
completeness -- found complete.
Two Weeks Initial Study completed.
Three Weeks Notice of Preparation (NOP) prepared and
distributed through State Clearinghouse.
This is a State-mandated consultation process
intended to determine scope of EIR. Includes
summary of Initial Study, detailed project
description, maps, etc. . Agencies must
respond within thirty (30) days of receiving '
NOP from Clearinghouse.
Three Months Work scope for DEIR determined; contract
between City and consultant signed, and
preparation of DEIR begins.
Six Months Draft EIR available; Notice of Completion
(NOC) distributed; 45-day public review
period begins. •
Public hearing of the Planning Commission to
gather input on Draft EIR (within 45-day
review period) .
Eight- Months Public hearing of the Planning Commission to
consider certification of Final EIR and
approval of project (recommendation to City
Council) .
Nine Months Public hearing of the City Council for final
action on project. Notice of.- Determination
(NOD) filed, which triggers a- 30-day statute
of limitations on court challenges to the
Council' s action under CEQA.
* It is anticipated that the processing of this type of
application, from application submittal to final action on
project, will take approximately nine (9) months. This
assumes "fast tracking" on the part of the consultant and
Planning staff. It is recommended that a one-month "flex
factor" be added to this time for the applicant ' s planning
purposes.
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REPORT TO CITY COUNCIL Meeting Lit.t o :0 5/2 3/4 5
CITY OF ATASC_'ADER0 Agenda. Item: C-2
Through: Andy Taka-ta, City Manager
From: Bradford Whitt_.y, Finance Director-Ap
SUBJECT:
Consideration of extending the Falcon Cabe Franchise
Agreement ,
RECOMMENDATION
At this time staff requests direction from CoOncil based
on the information provided in the staff report -
BACKGROUND:
eport -BACKGR( UND-
Falcon Cable System plans on rebuilding the 1, Ata.sca.dero
cable system with fiber optics , in order toli make this
improvement cost effective . The City has been,! approached
by them with a. request to extend their �i Franchise
Agreement until the year 2011 . The present' agreement
expires in the year 2001 . See Attachment :; A in this
report.
DISCUSSION-
Staff believes this request is an opportunity to resolve
certain issues regarding the agreement between the City
and Falcon Cable Systems . The City Manager has held
several meetings with Falcon Cable and has dilcussed the
following items :
1 . Receive quarterly franchise fee:
payments: currently annual .
2 , Provide cable access in City Hall
3 , One Public , Education, Government
(PEG)_ access channel with an option
for another .
4 . Three public service announcements
totaling 1500 spots annually with MI
250 cap per month ,
5 . Four r.ha.nnei.s to be used for data.
information transfer , (Feasibility
of concept in discussion pha.se) _
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Page 2
6 , Purchase of Channel Trans Iator(s ) ,
(,This is still in the discussion
phase) .
The City presently receives Falcon' s Franchise Payment
annually in April . By receiving quarterly payments ; the
City will increase its cash flow overtime and get use of
the money sooner ,
Cabling of City Hail will allow the City to plan for the
future use of new emerging technologies . Various rooms
or departments would be able to use the cable system to
send and receive various information in both data and
visual formats ,
The City is requesting a- PEC, access channel that is
allowed through the 1984 and 1992 Cable Acts, The
channel will allow the City to provide community-oriented
programming; such as local news ; public announcements .
distance education, and coverage of government meetings .
The City is requesting the four channels for da.ta
transfer which will be used by the City a.s well as the �.
local school district , The schools would use the
channels to communicate between one another as well as
exchange information with distant locations ; hence the
term "distance learning"
Agreement Modifications ;
The request outlined above will require changes to
several_ sections of the present Franchise Agreement ,
Once the items are finalized between staff and Falcon
Cable ; the proposed agreement will be brought hack to
Council review and a. recommendation,
ATTACHMENT A
Andy Takata November 11, 1994 rt ;
Atascadero City Mnager
RECEI�LD
6500 Palma Avenue
Atascadero, Ca. 93422 r , ,fiAr
0 ...
t
Dear Andy: ATASCADERO CITY MAI` AGE`'_.
Falcon Cable TV is making plans to rebuild the cable system in
Atascadero utilizing fiber optics . This upgrade of our cable
system will enable us to increase the i:iimediate channel capacity
from 36 channels to 45 channels with the future potential of
additional channels .
These plans will cost Falcon Cable TV in excess of 4 million
dollars .
• Because of this substantial investment sre are -requesting an
extension of our existing franchise which is due to expire in
2001 . Falcon hereby requests the City of Atascadero to extend
the franchise expiration date to 2011 . This extension would
allow Falcon Cable TV sufficient time to re-carture this very
sizeable investment.
Please advise us as to your timetable for approval,. Thank you
for your consideration in this matter. if you have any gi~estioas
or if you require additional information please call me.
Cordially,
Sylvia Biddle
Regional Manager
cc: Nick Nocchi
FALCON CABLE SYSTEMS COMPANY • 7555 San Luis Avenue • Atascadero, California 93422 • 805-466-3040
i
REPORT TO CiTY COUNCIL Meet in� Date:05!23!95
CITY OF ATASCADERO Agendja. Item: C-3
a
Through: Andy Takata , City Manager
1 From: Bradford Whitty, Finance Director
`i
SUBJECT:
Memorandum of Understanding (MOU) between th6 City of
At.a:scadero a.nd Members of the Consortium for K'ommunity
Media. 1
REC:OMMENDATiON-
Staff recommends City C'ounci 1revi.Pwn4i accept
Resolution 40-95 Authorizing the SOU, with the 0onsort. ium
for Community Media., j
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BACKGROUND: I
i The C.i_t.y of Atasca.dero participated with other
governmental and educational agencies in Noverober 1994,
to identify county wide communications resources and
needs , The meetings basically outlined potential
benefits and solutions through_ present and future
resources .
The major points of interest tha.t came ou _ of the
meetings were as _follows :
1 , Distance L•ea.rning for continuing educa-tion,
sta.ff development and expanded use of existing
facilities ,
1
a
2 . Coverage of government/educa.t. lon, meet',ings
and community events .
3 . General public information which incijudes
everything from meeting agendas ; netadoptions
to tourism, i
The primary focus of this MOT1 centers around the Cable
TV access channels and how this access can faci11itate. the
interests expressed above ,
j
DISCUSSION:
Attached to this agenda is a copy of the MOU which
outlines the history , participants , object ves ; and
financial considerations ,
1
i
The City has a unique opportunity to participate from the
very beginning , with a technology that will "re-write"
so to speak, the way we work a.nd play in our daily lives .
Cable TV Provides a communications medium to uti_ 1_ ize for
our benefit . The 1984 Cable Act provides local
franchising authorities the opportunity to obtain
cha.nnel (s) for Public, Educational , and Government (PEG)
use . If the City of Ata.sc.a.dero obtains a. PEC_: channel ,
the City could have an interactive bulletin hoard system,
coverage of selected meetings and events , and provide
educational and training activities for the public.
Additionally, the City could utilize the channel as a.
revenue generator by selling "air-time" to interested
na.rt. i.es .
The objective of the Consortium is to find a. wa-y to
inte.gra.te video communications throlJgh. the 1.18e Of Cable
TV, S. LONETJInternet , Phone , and Instructional Fixed
Television service , A consultant , -Schuler & Associates ,
would he retained to deliver the items outlined on na.gP
4 of the MOU,
FISCAL. _iMPAC:T
The City is requested to fund 511800 towards the first
phase outlined in the MOU, The amount is based on the
number of cable subscribers (nearest 500) in the City.
All Cities in the county are contributing members with
the exception of Pismo Reach and Atasca.dero at the time
of this report , The $1 , 800 would be paid through oi.ir
General Fund in the 1995-96 budget. ,
The City ha.s the option to he only a. Task Force Member
a.nd therefore the fisca.i_ impact would only be staff time
and materials to he a.ctive as atask force member .
However ; if the City does not choose to be a.-.Contributing
Member, we lose our ability to control the end product ,
Additionally, there is a. late entry clause on pa.ge 6 of
the MOU if a. jurisdiction decides to climb a-board at a.-
later date . The fisca_1 impact of such a. course of a.ct. ion
is unknown at this time .
RESOLUTION NO. 40-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING. THE
EXECUTION OF AN MEMORANDUM WITH THE CONSORTIUM
FOR COMMUNITY MEDIA
The City Council of the City of Ata.scadero, California. hereby
resolves a.s follows :
1 ) The Mayor is hereby authorized to execute a. Memorandum
of Understanding with the Consortium for Community Media
for the purposes and objectives stated in the Memorandum
of Underst.a.nding.
2) The City Mana-ger is hereby authorized to make minor
corrections or modifications of a. mathematical or
clerical nature .
3 ) The Fina.nce Director is hereby authorized to appropriate
funds , if necessary: release and expend funds ; a.nd issue
warra-nts to comply with the terms of this Memorandum of
Understa.nding.
PASSED AND ADOPTED at a regular meeting of the meeting of the
City Council of the City of Ata.sr_.a.dero held on the 9th of May.,
1995 ,
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM: _
ARTHER R. MONTANDON, City Attorney
Sfl N Lui ENGINEERING pf85o ,�
S OBISPO COUNTY DEPARTMENT --- �w}.
COUNTY GOVERNMENT CENTER • ROOM 207 • SAN LUIS OBISPO, CALIFORNIA 93408
PHONE (805) 781-5252 • FAX (805) 781-1229
GLEN L. PRIDDY �j
DEPUTY COUNTY ENGINEER 1•
ENGINEERING SERVICES
NOEL KING
DEPUTY COUNTY ENGINEER
ADMINISTRATION ROADS
TRANSIT
FLOOD CONTROL
April 5, 1995 WATER CONSERVATION
COUNTY SURVEYOR
SPECIAL DISTRICTS
MEMORANDUM Immediate Response Requested
TO: Members of the Consortium for
Community Media
FROM: Ellen O. Sturtz, Franchise Administrator
SUBJECT: Memorandum of Understanding (MOU) for Signature
Congratulations! Enclosed is the final version of the MOU for the Consortium for
Community Media. Thank you all for your helpful comments.
Please have the document signed and returned to me by April 24. Direct it to: Ellen
Sturtz, San Luis Obispo County Engineering Department, County Government
Center Room 207, San Luis Obispo, CA 93408. Please contact me immediately at
(805) 781-5239 if this is not going to be possible.
Organizations with more than one representative to the consortium should coordinate the
signing of the document.
If all goes as planned the first meeting of the Consortium should take place late May or
early June.
Thank you again for your assistance.
MEMORANDUM OF UNDERSTANDING •
Consortium for Community Media
1995-1997
HISTORY
Cable TV access channels typically provide community-oriented programming, such as
local news, public announcements, distance education and government meetings. They
are usually programmed by individuals or local organizations, on either public, education
or government channels (PEG).
Under the 1984 Cable Act, local franchising authorities could require that cable operators
set aside channels for PEG use. In addition, franchising authorities could require cable
operators to provide services, facilities and equipment to support the use of these
channels. For the most part, cable franchises within San Luis Obispo County have not
contained PEG provisions until recently.
Over the years, there has been interest in PEG, but there was no sustained, coordinated
effort to put PEG into place for the San Luis Obispo County community. The County of
San Luis Obispo recently signed two cable franchise renewals with PEG provisions, and
is interested in helping to coordinate a joint effort of all the County communities around this
issue. Since cable TV is only one means of solving some of the communication issues
shared by County communities, other communication technologies, such as phone,
Internet access, wireless and others would also be examined as part of a joint effort. We
often read about the "convergence of technologies" and about the wonders the future will
bring. As we each prepare our organization for the future, being able to take advantage
of these technological opportunities quickly will benefit all our citizenry.
A joint effort of the governmental and educational institutions in the County, as well as the
public and private sectors, opens new opportunities for us. Collectively, we can take
advantage of the emerging technologies that are not available to individual institutions and
harness the power of the technology in cost-effective ways. Such an effort will also
strengthen coordinated, Country-wide communications to address challenges that do not
recognize jurisdictional and organizational boundaries.
In November 1994, the County initiated an investigation of what our resources and options
might be. Three meetings were convened with representatives from the governmental and
educational communities, as well as the public and private sectors, to identify resources
in the County and to discuss shared communications needs and the potential benefits of
creating joint solutions. A variety of communication tools including cable TV, satellite and
microwave communications, Internet access and video conferencing were discussed as
potential vehicles to address unmet information needs of the San Luis Obispo County
citizenry. There was a strong interest in forming a task force to pursue a Country-wide S
communications plan to address these common needs. Of particular interest were the
enhancement of:
1. Distance learning for continuing education, staff development and expanded use
of existing facilities
2. Coverage of government/education meetings and community events
3. General public information which includes everything from meeting agendas, pet
adoptions to tourism
All cities and the County were contacted to participate in the Consortium. Pismo Beach
declined to be involved at this time.
PURPOSE
To form a task force comprised of members of the governmentaland educational
communities as well as the public and private sectors entrusted with planning for a San
Luis Obispo County Consortium for Community Media.
TERM
The term of this agreement is from May 15, 1995 through June 30, 1997, to allow for
adequate time to create a planning document, pilot activities, establish a long-term
infrastructure, if necessary, and to seek State and Federal grant opportunities. This term
is broken down into the Initial Planning Phase which will last approximately six to eight
months. Financial commitments for this phase is made by this memorandum. Future
financial and phase designations will be determined.
PARTICIPANTS
Members of the task force will enter into this agreement at different levels and are listed
in the table on the next page:
Contributing Members are those organizations that are making a financial commitment
to the effort at least for the initial planning phase of six to eight months, as outlined under
the section titled Financial Considerations. Contributing members have control of the
end product since they have made a financial contribution, though there is. the
understanding that the Consortium will attempt to do the best job possible with the
resources available. These members may or may not choose to be actively involved in the
task force itself, but will be kept informed of its activities.
Task Force Members are those individuals who will actively participate in the workings of
the group during the two year period. This is the core group who will ensure that the
objectives of the task force are met and report back to their organizations as well-as to the
Contributing Members.
Friends of the Task Force are individuals and organizations that are willing to assist the
task force on a limited basis. This may occasionally take one of many forms including, but
not limited to in-kind services, labor or financial resources.
MEMBERSHIP CATEGORIES
CONTRIBUTING MEMBERS
Arroyo Grande Paso Robles
Atascadero San Luis Obispo
Grover Beach San Luis Obispo County
Morro Bay
TASK FORCE
Arroyo Grande Atascadero State Hospital
Atascadero Atascadero Unified School District
Grover Beach California Polytechnic University
Morro Bay California Specialized Training Institute
Paso Robles County Office of Education
San Luis Obispo Cuesta College
San Luis Obispo County Lucia Mar Unified School District
--Library San Luis Coastal Unified School District
--Information Services SLONET
--Franchise Administration Templeton Unified School District
Association of Directors, Artists, Producers and Technicians (ADAPT)
FRIENDS
Arroyo Grande Community Hospital Pacific Bell
California Men's Colony Pacific Coast Wireless
Falcon Cable Paso Robles Public Schools
General Hospital SLOCOG
KCET Sonic Cable Television
Please note: The list may change due during the life of the Consortium and even prior to
the signing of the MOU.
OBJECTIVES
1. To create an integrated two to three year video communication plan that will
incorporate the use of technology now available, including:
• a. Cable TV: A textual interactive bulletin board system
Selected coverage of meetings and events
Distance education and training
b. SLONET/Internet: Increase community access and create opportunities for
information providers
C. Phone: Video conferencing; distance learning and other
applications
d. Instructional Fixed
Television Service: Private channels owned by educational institutions for
distance learning, video conferencing, etc.
2. To conduct an inventory of resources available in the County to help establish short
term applications
3. To determine the best way of implementing cable TV public access in addition to its
educational and governmental applications
4. To pilot one or more short term activities to demonstrate the potential of the
technology
5. To determine the structure of organization of the task force and, if,found necessary,
the organization that is formed beyond the life of the task force
FINANCIAL CONSIDERATIONS
As part of the planning process, the task force will explore a variety of ways to fund
activities including grants, partnerships and others. Meetings will be held in public facilities
at little or no cost. The only cost presently proposed is the expense to support a
community access consultant/facilitator to assist the task force.
The consultant will be supported through the initial planning phase through funds provided
by the Cities and the County based on the number of cable TV subscribers in each
community. Schuler & Associates, the consulting firm that worked with the group in
November, estimates this additional work for the initial planning stage to cost
approximately $18,000. The deliverables for the initial planning phase are as follows:
1. Inventory tool
2. Report on telecommunications resources in the County
3. Report: Recommendations for Implementation of County-wide Interactive Bulletin
Board System
4. Draft: Distance Learning Background Paper
5. Draft: Governmental Applications Background Paper
4
If we chose to continue through the two year period, an additional $44,000 will be needed f
for consulting fees. It is the intention of the task force to look for this additional financial
support from grants, private partners and task force members in addition to the cities and
County. Future contributions will be brought to the table in the form of monetary
contributions as well as in-kind services.
The following chart lists each jurisdiction's financial commitment for consulting services for
the initial planning phasse. The financial commitment jurisdictions are making now
is only to the initial planning phase and not for the entire two year project and does
not include any equipment expenditures or other implementation costs.
# CABLE % OF TOTAL COST PER
JURISDICTION SUBSCRIBERS (To nearest JURISDICTION
(To nearest 500) whole number Initial Planning
without Pismo) Phase
Arroyo Grande 4,500 8 $1,440
Atascadero 5,500 10 $1,800
Grover Beach 3,500 7 $1,260
Morro Bay 4,000 8 $1,440 C.
Paso Robles 5,500 10 $1,800
San Luis Obispo 12,000 22 $3,960
San Luis Obispo 18,500 35 $6,300
County
Future expenditures will be proposed by the task force and brought to the appropriate
decision making bodies for approval.
For the financial agreements made under this MOU, the County of San Luis Obispo will
take the responsibility to contract for services and/or equipment. The County will bill
parties for their individual contributions. Payment is due to the County within 30 days of
the date of the invoice. Late payments will be assessed a ten percent late charge on the
outstanding balance and also pay to the County interest on the outstanding balance at a
rate of one and one-half percent per month. The first phase payment, as specified in this
MOU, will be invoiced after July 1, 1995. Future phase payments schedules will be
determined during the initial planning phase.
EXIT CLAUSE
Any member of the Consortium can discontinue their involvement at any time by submitting
a request in writing to: Community Access Consortium, San Luis Obispo County
Engineering Department, County Government Center Room 207, San Luis Obispo, CA
93408. Those members committed financially can exit with the understanding that the
financial commitments they have made need to be fulfilled on the agreed to payment
schedule.
LATE ENTRY
It is in the best interest of the Consortium to have as many financial participants as
possible for the success of the project. Therefore, if a jurisdiction or other entity chooses
not to enter into the Consortium at the beginning, but decides to join later in the process,
a method of compensating the Consortium for prior work will be a condition of entry if the
type of organization has counterparts in the Consortium that have made contributions,
financial and otherwise. These additional funds will be applied to future Consortium
activities.
MEMORANDUM OF UNDERSTANDING
The undersigned hereby agrees to become a participant in the Consortium for Community
Media and to join with other participants in accomplishing the purposes and objectives of
the Consortium as set forth herein.
PARTICIPANT:
By
Title
Organization
Attest:
File: Community Access
m\common\cablety\mou6.wpd(cmc)
6
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: c-4
From: Micki Korba, City Treasurer Meeting Date: 05/23/95
SUBJECT: Interim City Investment Policy
RECOMMENDATION:
City Council review and adopt Resolution No. 31-95 approving] the City's Revised
Interim Investment Policy.
BACKGROUND:
Prior to January 1992, State law required the City to review its Investment Policy on
an annual basis. Although that mandate has been sunseted, it is 6onetheless prudent
to annually review the document. This text serves as an interim piolicy until such time
as the proposed changes in the State law are completed by the 'Legislature.
1
DISCUSSION:
3
3
This policy was brought to the City Council on April 25th] of this year. A
councilmember requested that a few changes be made to the policy and subsequently
it was taken back to the Finance Committee for further review.
The following changes have been made to the Interim Investment Policy. Section 3.0
has been rewritten to acknowledge the inherent risk associated %*ith all investments. --
A new section 9.0, entitled "Performance Evaluation and Operations Audit", has been
inserted with a subsequent renumbering of the sections that f `llow. Section 11 .0
(formerly Section 10.0) has been retitled and rewritten to ref lec changes requested
by City Council.
MK:cw
9
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000();'4
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RESOLUTION NO. 31-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
TO ADOPT A REVISED INTERIM INVESTMENT POLICY
WHEREAS, The City of Atascadero was required by state law to adopt an
Annual City Investment Policy for idle funds; and
WHEREAS, To maintain consistency and in accordance with Section 10.0 of
the previous policy set forth in Resolution No. 144-93; and
WHEREAS, It is the responsibility of the City Treasurer to propose such a
policy as well as it is an indication of good business sense and prudent practice.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Atascadero does hereby adopt the attached revised Interim Investment Policy
(Exhibit "A") to be followed by the City Treasurer and the Finance Director in the
investment of the City's idle funds.
On motion by Councilmember , seconded by Councilmember
the foregoing resolution is hereby adopted on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM;
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
MURIEL C. KORBA, City Treasurer 0 „�:�
Resolution No. 31-95
EXHIBIT "A"
Page 1
CITY OF ATASCADERO
STATEMENT OF INVESTMENT POLICY
1 .0 POLICY
It is the policy of the City of Atascadero to invest public funds in a manner
which will provide the maximum security while meeting the daily cash flow
demands of the City of Atascadero and conforming to all state, county and local
statutes governing the investment of public funds -- safety, liquidity and yield
(SLY).
2.0 SCOPE
This investment policy applies to all financial assets of the City of
Atascadero. These funds are accounted for in the City of Atascadero's Compre-
hensive Annual Financial Report and include:
2.1 Funds
2.1 .1 General Fund
• 2.1 .2 Special Revenue Funds
2.1 .3 Capital Project Funds
2.1 .4 Enterprise Funds
2.1 .5 Trust and Agency Funds
2.1 .6 Retirement/Pension Funds
2.1 .7 Any new funds unless specifically exempted.
3.0 PRUDENCE - Civil Code #2261
Investments shall be made with judgment and care--under circumstances
then prevailing--which persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not for speculation but forinvestment,
considering the PFObable safety of their capital as well as and-the pFebabia income
to be derived, as well as the risk inherent in these investments.
3.1 The standard of prudence to be used by investment officials shall be the
"prudent person" standard and shall be applied in the context of managing an
overall portfolio. Investment officers acting in accordance with written procedures
and the investment policy and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely fashion and appro-
priate action is taken to control adverse developments. _
4.0 DELEGATION OF AUTHORITY - Per Government Code #53607
Resolution No. 31-95
EXHIBIT "A"
e t
Page 2
4.1 All solicitations for investments shall be made o and through the City
4.2 All brokers/dealers must have an a
investment can be pplication on file that has been previously
approved before an
Y made through them.
4.3 Two signatures shall be required for an
investment, except LAIF. The two signatures shall Purcbase of C.D.'e that of City Treasurer and
Finance Director. If the latter is unavailable, the Cit s or other type of
4.4 Any out-of-state investment sh y Manager.may substitute.
t-
the City Att all require consultation with and a
Y• State laws differ and additional requiremenof
ate for the safety of any investment.
ts may approval
y be appropri-
5.0 REPORTING
5.1 The Treasurer shall submit a monthly investment report to the City Council.
This report will include all required elements of the monthly report as prescribed by
California Government Code Section 41001.
Required elements of the monthly report:
5. 1 . 1 Type of Investment
5.1.2 Institution
5..1.3 Date of Maturity
5.1.4
5.1.5 Amount of Deposit or Cost
Current market value of of the Security
securities with maturity in
excess of 12 months.
5.1.6 Rate of Interest
5.1.7 Statement relating the report t
Policy. o the Statement.of Investment
5.1.8 i
Statement that there are sufficient funds to meet the next 30
days obligations,
5.1.9 Effective Januar 1
Y 1991 accrued Interest as prescribed by the
California Government Code Section 53646.
6.0 SAFEKEEPING AND CUSTODY
All security transactions entered into by the Ci
collateral for repurchase agreements, shall
City of n a deldero, including
payment (DVP) basis. be conducted on a delivery-versus-
by the Treasurer and evidenced Securities will be held by a third party custodian
b safekeeping designated I
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000'""17
Resolution No. 31-95
EXHIBIT "A"
Page 3
7.0 DIVERSIFICATION
The City of Atascadero will diversify its investments by security type and
institution. With the exceptions of U.S. Treasury securities and authorized pools--
State LAIF, in which no more than three (3) months of the projected cash flow
needs, excluding the separate TRANs repayment account, may be placed--no more
than 10% of the City of Atascadero's total investment portfolio will be invested in
a single security type or with a single financial institution. U.S. Treasury securities
will have a minimum of seven (7) days and not more than six (6) months maturity.
7.1 Permitted investments/deposits--as allowed by State law
Securities of the U.S. Government
Certificates of Deposits
Negotiable Certificates of Deposit
Bankers Acceptances
Commercial Paper
Local Agency Investment Fund (State Pool)
. Passbook Deposits
Repurchase Agreement
Reverse Repurchase Agreements
7.2 Competitive Bids-Purchase and sale of securities should be made on the
basis of competitive offers and bids when practical.
7.3 Purchases shall be made only with corporations in a rating category of "A"
or its equivalent or better by a nationally recognized rating service.
8.0 MAXIMUM MATURITIES
To the extent possible, the City of Atascadero will attempt to match its
investments with anticipated cash flow requirements. Unless matched to a speci-
fic cash flow, the City of Atascadero will not directly invest in securities maturing
more than one (1) year from the date of purchase.
9.0 PERFORMANCE EVALUATION AND OPERATIONS AUDIT
An in-depth presentation to the City Council regarding the City's
investments shall occur annually.
9.1 An investment committee will be formed to evaluate and recommend
investments. This committee will consist of members of the Finance Committee
and a member-at-large. The member-at-large must be experienced in institutional
trading practices and familiar with the California Government Code related to
Resolution No. 31-95
EXHIBIT "A"
Page 4
investments, as well as experienced in the precautions appropriate to public sector
investments and shall be required to familiarize themselves with City investment
objectives and contraints.
10.0 INTERNAL CONTROL
10.1 A system of internal control shall be established and documented in writing.
The controls shall be designed to prevent losses of public funds arising from fraud,
employee error, misrepresentation of third parties, unanticipated changes in
financial markets, or imprudent actions by employees and officers of the City of
Atascadero. Controls deemed most important include: control of collusion, separa-
tion of duties, separating transaction authority from accounting and recordkeeping,
custodial safekeeping, clear delegation of authority, specific limitations regarding
securities; losses and remedial action, written confirmation of telephone transac-
tions, minimizing the number of authorized Investment Officials, documentation of
transactions, strategies and code of ethics standards.
11.0 STATEMENT OF INVESTMENT
DGI�r POLICY ADOPTION, CHANGES
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AND UPDATES
The Investment Policy shall be adopted by resolution of the City Council.
The policy shall be reviewed within the first quarter of the new fiscal year by the
Finance Committee and the City Council to ensure the policy's consistency with
the overall objectives of preservation of principal, liquidity and return, as well as its
relevance to current law, financial and economic trends. Any modifications to the
policy must be approved by the City Council.
The Statement of Investment D I' shall be Feviewed , submitted
MURIEL C. KORBA, City Treasurer
City of Atascadero
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