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Home My WebLink AboutAgenda Packet 05/14/1996 ATASCADERO CITY COUNCIL • PUBLIC R W COPY • REGULAR MEETING dagat MAY 14, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. George Ray George Harold David Luna Johnson Highland Carden Bewley 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 refeiral 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 ot 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 08) and in the Information Office(Room 103), available for public inspection during City Hal 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)461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed wil assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. CLOSED SESSION 6:30 P.M. W Floor Club Rm.): 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees REGULAR SESSION - 7:00 P.M.: (Please see Rules of Public Partici at n back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 4 SPECIAL PRESENTATIONS: • Proclaim June 10-21, 1996 as "Grad Nite Weeks" in Atascadero • Proclaim May 14, 1996 as "Politeness in Politics Day" COMMUNITY FORUM: 0 Millhollin Mine Update 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 forin 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 - April 23, 1996 (City Clerk's recommendation: Approve) 2. MINUTES OF JOINT CITIES MEETING April 25, 1996 (Recording Secy.'s recommendation. Approve) 3. APPROVAL OF WARRANTS - April, 1996 (Staff recommendation: Approve) 4. TENTATIVE TRACT MAP 25-89,.5805 CAPISTRANO AVE. - Consideration of time - extension request (Lewis/No. Coast Engineering) (Planning Commission recommendation: Approve) 5. APPLICATIONS FOR GENERAL PLAN AMENDMENT CYCLE 1=96 (Staff recommendation: Receive & file) 6. RESOLUTION NO. 34-96 -.Supporting Test Claim No. CSM-4500, sponsored by the City of Atascadero and urging approval by the Commission on State Mandates (City Clerk recommendation: Adopt) 7. RESOLUTION NO. 33-96- Supporting AB2342 relative to marine weather informa- tion, forecasts or advisories (Mayor recommendation: Adopt) 8. RESOLUTION NO. 32-96 - Authorization to enter into Joint Powers Agreement for preparation of an updated Safety/Seismic-Safety Element (Staff recommendation Adopt) 9. RESOLUTION NO. 36-96 - Authorizing the borrowing of funds for Fiscal Year 1996- 97; the issuance and sale of a 1996-97 Tax and Revenue Anticipation Note and participation in the California Communities Cash flow Financing Program (Staff recommendation: Adopt) B. PUBLIC HEARINGS: 1. APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP 95- 001, 11750 SAN MARCOS ROAD Application to divide two (2) lots containing 17.92 ac. into'three (3) lots of 5.60, 5.96 and 5.96 acres (Lindsay/Wilson Surveys) (Planning Commission/staff recommendation: Deny) 2. APPEAL OF PLANNING COMMISSION DETERMINATION THAT AUTO REPAIR IS NOT AN ALLOWABLE USE IN THE DOWNTOWN (Staff recommendation: Continue to 5128/96, per applicant's request) 2 3. GENERAL PLAN AMENDMENT 95-001 - Extension of urban services line to Commercial Tourist (CT) zone on east side of U.S. 101 at Del Rio Road (Planning Commission recommendation Deny) C. REGULAR BUSINESS: 1. PROPOSED MOBILEHOME RENT STABILIZATION ORDINANCE (Recommendation Provide direction) 2. ENERGY REDUCTION FEASIBILITY STUDY PRESENTATION BY NDIS &_GYR, INC. (Staff recommendation: Review& authorize letter to receive proposal) 3. ORDINANCE NO. 302 - Amending the official City zoning map rezoning certain real property at 3425/3505 EI Camino Real from RS (Residential Suburban) to RSF-Y (Residential Single-Family Moderate Density) (ZC 95009/Verheyen) (Planning Commission recommendation: Motion to waive reading and adopt on second reading, by title only) 4. FINANCE DIRECTOR'S REPORT FOR YEAR-TO-DATE ENDING IV ARCH, 1996 (Staff recommendation: Approve) D. COMMITTEE REPORTS (The following represent standing comm"ttees. Informative status reports will be given, as felt necessary.): • 1. S.L.O. Council of Governments/S.L.O. 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. Air Pollution Control District 7. North County Council 8. Ad Hoc Regional Water Management Committee 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager: Year-to-date review, May 28, 6:00 p.m. 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: 0 Members of the audience may speak y p 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). 0 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. 0 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 be asked to follow up on such items. . ,Grad Nite weeks in Awcadero" June 1001 - 21 s; 1996 WHEREAS, recent studies have shown that teenage drivers are involved in one out Of every f ive f atal motor accidents; and WHEREAS,graduation ranks as one o f the highest fatality times o f the;year; and WHEREAS, it has been demonstrated that yroviding a drug and alcohol free graduation celebration results in a sidocant reduction in driving deaths, injuries and arrests involving substance abuse; and WHEREAS, Grad Nf te, one o f the fastest growing grassroot organizations in America, is a yrogram in which committed groups o f yarents join together with others in their community to give their graduating high school seniors a safe, sober and spectacular graduation celebration; and WHEREAS, the Atascadero City council supyorts the concept of Grad mite and congratulates each and every graduating senior. NOW, THEREFORE, I George Highland, Mayor of the city of Atascodero, do hereby yroclaim the weeks of June lot" through the 21'; 1996, to be "Grad Nite Weems in Atascadero" in recognition of the community's commitment to yromote substance free graduation celebrations. GEORGE P. HIGHLAND, Mgyor City of Atascadero, cal�ornia May 14, 1996 "POLITENESS IN POLITICS DAY" May 14, 1996 WHEREAS, Political debate throughout California and its many communities has, in many cases, become fractious and foolish; WHEREAS, "Negative mailers' and "hit pieces' have become commonplace and acceptable political campaign techniques; WHEREAS, Some campaigns derive their 'message"from opinion polls and not through thoughtful consideration of the issues or involvement in the community; WHEREAS, voters in this state are increasingly disenchanted with and are disengaging from the political process; WHEREAS, A healthy democracy requires a citizenry engaged in the free flow of ideas and purposeful, civil debate on a range o f issues; WHEREAS, Negative campaigns and blatant manipulationo f voteropinion undermine the fundamental trust that an electorate must have fora democracy to function; BE IT RESOLVED that the citizens and the City Council of the City of'Atascadero join with the California Elected Women's Association for Education and Research (CEWAER) in calling for an ethic of 'Politeness in politics"; AND, BE IT FURTHER RESOLVED that each citizen,political candidate and elected official in this state is called upon to commit to political dialogue that is thorough, respe#, straghVorward and honest, and that we call upon the Governor, members of the Legislature, locally elected officials and leaders in the political parties o f this State to commit to revitalizing our political dialogue through spirited and civil debate; NOW, THEREFORE, I George HOhland, Mayor of the City of Atasc4dero, do hereby proclaim May 14, 1996, 'Politeness in Politics Day" to mark our renewed commitment to civilpolitical discourse. • GEORGE P. HIGHLAND, Mayor City o f Atascadero, CA Dated: May 14, 1996 . 0' y off. Q¢Q cityo san hugs oBispo C^ l `,,� OFFICE OF THE CITY COUNCIL �� 990 Palm Street■San Luis Obispo, CA 93401-3249■ 805/781-7119■ FAX 805/781-71f09 California Elected Women's Association for Education and Research Initiative to: Return to Civility in political debate - New ground rules . . . - If you have a difference of opinion -- don't slam your opponent's character. - If you think your political philosophy should carry the day, convince people with facts, don't con them with quick fix phrases. Ways to support: - May 14, 1996 be designated "Politeness in Politics Dau" to mark our commitment to civil political discourse. - Introduce attached resolution at next Council meeting. Discuss the ground rules for conducting business. - Renew your personal commitment to conducting the business of politics in a respectful and ethical fashion. Yes, social change can begin with one person Your Council's Consideration is recommended, Kathy Smith, SLO City Council a The City of San Luis Obispo is committed to include the disabled in all of its services.programs and activities. Telecommunications Device for the Deal(805)781-7410 �J Agenda Item: A-1 S Meeting Date: 5/14/96 ATASCADERO CITY COUNCIL APRIL 23, 1996 MINUTES INTERVIEW SESSION - 6:00 P.M. (4t' Floor Club Rm.): A. Interview applicants to the City's Building & Construction Board of Appeals (City Clerk recommendation: Conduct interviews) The Mayor called the meeting to order at 6:00 p.m. Councilmenmbers Carden, Johnson and Luna, and Mayor Highland were present; Councilmomber Bewley was absent. The City Council interviewed and considered John Vial and Robert Reichek for the General Contractor seat on the Board of Appeals; Following the interviews, the City Council selected, by ballot, John Vial to serve a four-year term. B. Resolution No. 27-96 - Appointing two members of the public to the Board • of Appeals (City Clerk recommendation: Adopt) MOTION: By Councilman Johnson, seconded by Councilman Luna to- adopt oadopt Resolution No. 27-96 and appointing John Vial and Robert Fisher to the Board of Appeals; motion carried 4:0 by roll call vote. CLOSED SESSION - 6:30 P.M. (4t' Floor Club Rm.): 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of case: Santa Lucia Neighbors Association v. City bf Atascadero 2. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgmr; Atascadero Police Officers Assoc.; Atascadero Public Safety Techniciajns Orgn.; Service Employees Intl. Union; Confidential Employees The Closed Session was adjourned at approximately 6.50 p.m. Tho City Council gave direction to legal counsel and the labor negotiator. CC 4/23/96 Page 1 i REGULAR SESSION - 7:00 P.M. The Mayor called the meeting to order at 7:02 • Y g p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner; Art Montandon, City Attorney; Brad Whitty, Finance Director; Lt, Bill Watton, Police Department; Capt. Fred Motlo, Fire Department and John Neil, Assistant City Engineer SPECIAL PRESENTATIONS: The Mayor proclaimed April 23, 1996 as "Volunteer Recognition Day" and presented proclamations to Gail Mitchell and Casey Kassay of the CALL Program, Carol Conway of Retired Senior Volunteer Program (RSVP) and to Alicia Lara, City Personnel Analyst, on behalf of volunteers from the American Association of Retired People (AARP). The Mayor read and presented the proclamation for "Day of Prayer", May 2, 1996, to Joe Dominico and friends representing the Kiwanis Club. The Mayor proclaimed May, 1996, as "Water Awareness Month". James Patterson of the Atascadero Native Tree Association accepted the proclamation. A proclamation for "National Tourism Week" was presented to Jonni Biaggini of the San Luis Obispo Visitors and Conference Bureau. COMMUNITY FORUM: • Millhollin Mine Update Steve DeCamp reported that processing of the amended reclamation plan is continuing and remains on track. The City Attorney provided a status report on related litigation. Councilmember Luna asked if staff was pursuing the development of a fee that would compensate the City for wear and tear on roads pursuant to AB 1600 and if this concept is being considered as part of the operational agreement. Art Montandon reported that staff, as directed by Council, is looking into this matter and added that a study, environmental review and public hearings may be required if AB 1600 is determined to be the vehicle for imposing CC 4/23/96 Page 2 i the fee. Steve DeCamp advised that staff intends to forward the entire application packet, including the operational agreement, to the Council and State, and added that it is anticipated that the State may require approximately 45 days to review and make its findings. • Public Comments Leo Korba, 10905 Santa Ana Road, reported that he had filed an application with the Public Utilities Commission (PUC) requesting that calls from the North County to San Luis Obispo be considered a local call and explained that the PUC has directed Pacific Bell to provide them with data by June of this year. He commented that he will keep the Council apprised of the progress. Regarding the Orange County Investment Pool settlement, Mr. Korba asked if monies returned would be prorated. Andy Takata indicated that they would and stated that the largest share will go to the Wastewater Fund. Eric Greening, 7365 Valle, commented that while he is thankful for protective measures taken to keep vehicles out of Stadium Park, he believes the "keep out" and "no trespassing" signs are counter-productive. He recommended that the focus be on blocking vehicle access, not access by the general public who want to lawfully and legitimately use the park. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - March 26, 1996 (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES April 9, 1996 (City Clerk's recommendation: Approve) 3. CITY TREASURER'S REPORT - February, 1996 (City Treasurer's recommendation: Review & accept) 4. CITY TREASURER'S REPORT - March, 1996 (City Treasurer's recommendation: Review & accept) 5. APPROVAL OF WARRANTS FOR THE MONTH OF MARCH, 1996 (Staff recommendation: Approve) 6. RESOLUTION NO. 26-96 - Declaring weeds a public nuisance and commencing abatement proceedings (Staff recommendation: Adopt) 7. RESOLUTION NO. 30-96 - Supporting and endorsing the Regional Water Management Mission Statement (Mayor's recommendation: Adopt) S8. RESOLUTION NO. 31-96 - Authorizing the execution of an agreement with CC 4/23/96 Page 3 A-Jay Excavating, Inc., to construct the reclaimed water extraction well, Phase 11 (Staff recommendation: Adopt) Councilmember Bewley commented that he would abstain from Item A-2 due to absence. Mayor Highland pulled item #A-9 for comment and Councilmember Luna pulled Item #A-2 for correction. MOTION: By Councilmember Johnson, Councilmember Luna to approve Items #A-1 , 3, 4, 5, 6 & 8; motion passed 5:0 by roll call vote. Re: A-2. CITY COUNCIL MINUTES - April 9, 1996 (City Clerk's recommendation: Approve) Councilmember Luna pointed out a correction on page 9 of the Minutes of 4/9/96. Andy Takata clarified that the escrow costs paid for by the City on the Masonic Temple/Youth Center were $1,300 not $13,000. The Clerk so noted the error. MOTION: By CML, seconded by CMJ to approve Item #A-2 as amended, motion carried 4:0:1 (CMB abstained). Re: A-7. RESOLUTION NO. 30-96 - Supporting and endorsing the Regional Water Management Mission Statement (Mayor's recommendation: Adopt) Mayor Highland reported that the mission statement had been unanimously approved by the Executive Committee of the North County Council and would be forwarded next to the City of EI Paso de Robles, the Templeton Community Services District and the Atascadero Mutual Water Company, before going on to the County Board of Supervisors. MOTION: By Mayor Highland, Councilmember Luna to adopt Resolution No. 30-96; motion passed 5:0 by roll call vote. B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT, 3425/3505 EL CAMINO REAL A. Resolution No. 16-96 Approving an amendment to the Land Use Map by re-designating certain real property at 3425/3505 EI Camino Real from Suburban Residential to Moderate Density Single-Family Residential and including the site within the Urban Services Line (Planning Commission recommendation: Adopt) B. Ordinance No. 302 - Amending the official City zoning map by rezoning certain real property at 3425/3505 El Camino Real from RS (Residential Suburban) to RSF-Y (Residential Single-Family Moderate Density) (ZC 95009/Verheyen) (Planning Commission recommendation: Motion to waive reading and introduce on first reading, by title only) CC 4/23/96 Page 4 Steve DeCamp provided the staff report and recommendations. Councilmember Luna summarized the content of a recent memo from Mark Markwort, Chief of Wastewater Operations, about over-burdening the sewer system. He commented that this application and one presented at the last Council meeting appear to be in conflict with Mr. Markwort's recommendation. Steve DeCamp reported that while staff and the Planning Commission are wrestling with concerns about development and its impact on sewer, it has been determined that some select projects may be approved because the sewer is not;,,yet at full capacity. He confirmed that Mark Markwort had reviewed the impact of this project and had determined that it would not burden the system. John Neil commented that staff has selected a consultant to begin the plant upgrade design and suggested that it may be time to develop a sewer master plan. He added that he is expecting a report from the consultant within the next sixty days reflecting recommendations about what improvements can be done with the funds the City has so far. Public Comments: James Patterson, 5312 Santa Margarita Road in Atascadero, shared concern that expanding the Urban Services Line (USL) might accelerate the need to make the plant improvements before the City can financially afford to do the project, especially if the Regional Water Quality Control Board mandates:those improvements. He also speculated that properties within the USL, should they later wish to connect, could find there isn't adequate capacity. Denny Peters, representing the applicant, spoke in favor of approval and reported that the project adds only a small trickle to the waste stream. Leo Korba inquired if staff collects data revealing how much sewage each customer is depositing into the system. The City Manager reported that staff is working with Atascadero Mutual Water Company to devise a fair way to determine the information by comparing water use, but added that the water company has expressed concern about protecting private information. Mr. Takata noted that a study was conducted, however, and an average residential use was determined. This information, he concluded established a method by which Consumers can conduct a comparison. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Bewley to approve Resolution No. 16-96; motion carried 4:1 (Luna, opposed). MOTION: By Councilmember Carden, seconded by Councilmember Bewley to waive the reading in full and introduce Ordinance No. 302 on first reading; motion passed 4:1 (Luna voting in opposition). Andy Takata mentioned that staff will be bringing back to Council an item relating CC 4/23/96 Page 5 to the cost estimates on the plant upgrade. Councilmember Luna asked if the information would include a sewer master plan. John Neil indicated that the master plan has not yet been initiated and emphasized that what staff anticipates presenting are the plans for the wastewater treatment facility upgrade. C. REGULAR BUSINESS: 1. RESOLUTION NO. 28-96 - Authorizing an agreement to assign causes of action for the collection of unpaid tipping fees (would authorize the Integrated Waste Management Authority (IWMA) to initiate litigation against the City of EI Paso de Robles on behalf of the City of Atascadero) (Staff recommendation: Review, consider & direct staff as appropriate) MH reported that a written request to continue had been received from the IWMA because settlement negotiations have resumed. He commented that he was not inclined to support the request. Councilmember Luna argued in favor of granting the continuance because the request is from an agency in which the City is a member. Brief discussion ensued. There was consensus to continue the matter at the request of the IWMA. . The Mayor called a ten-minute recess at 7:57 p.m. 2. DISCUSSION OF METHOD OF SELECTING CITY TREASURER (City Clerk recommendation: Provide direction) The City Clerk summarized the report, as presented. Councilmember Luna commented that the voters had already decided this issue in 1980 and asserted that there is no need to spend the money to confirm something the citizens have already decided. Public Comments: Rush Kolemaine, 4850 Potrero Road, remarked that the former election was before citizens learned that there are no qualifications for treasurer. He stated that the treasurer's job is a highly technical position that requires knowledge about finances. He pointed out that the City Clerk is also an elected position that requires qualifications above and beyond simply being a registered voter and resident of the City. Mr. Kolemaine spoke in favor of both positions being appointed and suggested that the Council consider a position like "City Auditor" which would supervisor the two critical positions of Clerk and Treasurer. Kathleen Daly, 10650 Colorado Road, observed that the citizens of Atascadero have voted for qualified candidates for the City Council, Clerk and Treasurer every election year since 1982 and spoke in favor of continuing that process. She noted that the City of Paso Robles had placed the question on the ballot in 1994 and the people preferred by 57% to maintain an elected Clerk and Treasurer. Eric Greening commented that he appreciates the opportunity to elect the treasurer and disapproves of placing the matter on the ballot because of the cost involved. He suggested that the City is not likely to recruit someone for the position for less CC 4/23/96 Page 6 than $200 per month and stated that he feels the fiscal analysis in the staff report was deficient because it does not estimate the cost of paying the salary of an appointed City Treasurer. Dorothy McNeil, 8765 Sierra Vista, spoke in favor of maintaining an elected Treasurer and suggested that the Council cannot hold any past or present treasurer responsible for the Orange County Investment Pool debacle. She added that people feel better by having an elected treasurer because it prevents creative accounting. Leo Korba said that it doesn't matter if the position is elected or',,appointed as long as the individual is good at what they do. He observed that an appointed treasurer answers to city staff and the Council; an elected treasurer reports directly to the citizens at-large. ---end of public testimony--- Council discussion followed. Mayor Highland commented that there can be problems with either one (elected or appointed) and stated that Hobert Citron (Orange County Treasurer) was elected five times. Councilmember Luna pointed out that the Orange County Board of Supervisors are elected and are also responsible. He indicated that the Council adopts an investment policy and emphasized that the City Treasurer does not act entirely on his/her own. Mayor Highland agreed that responsibility regarding investments lies with City Council and explained that with the changes Council has made in the policy, he is comfortable with what the present arrangement. There was consensus to take no action to change the method by which the treasurer is selected. 3. ORDINANCE NO. 303 - Amending the official Zoning Ordinance text to create a new land use description of "mini-storage", designate "mini-storage facilities", "vehicle and equipment storage" and "recreational vehicle parks" as conditional uses in the Public zone and to revise the side setback requirements of the Public zone (Planning Commission recommendation: Motion to adopt on 2„d reading, by title only) Councilmember Bewley stepped down from deliberations due to his absence at the previous meeting. Steve DeCamp provided the report and recommendation to adopt on second reading. MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Ordinance No. 303 on second reading by title only; motion passed 4:0 by roll call vote. Councilmember Bewley returned to the dias. 4. ORDINANCE NO. 304 - Amending Chapter 13 to Title 6 of the Atascadero Municipal Code relating to the removal of weeds, rubbish and similar materials (Staff recommendation: Motion to adopt on 2nd reading by title only) CC 4/23/96 Page 7 i i Fred Motlo, Fire Captain, summarized the revisions and emphasized that the new ordinance provides for year-round abatement. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Ordinance No. 304 on second reading by title only; motion passed 5.0 by roll call vote. 5. FINANCE DIRECTOR'S REPORT - Year-to-date ending March 31, 1996 (Staff recommendation: Approve) This item was continued at the request of staff. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. Air Pollution Control District - Mayor Highland reported on the meeting of April the 10" at which time action was taken to approve the addition of one dollar to vehicle registration fees for the County. 2. North County Council - Mayor Highland reported on the meeting of April the 18' and announced that the Executive Committee would meet next on May 17th. 0 3. Ad Hoc Regional Water Management Committee - Mayor Highland reported 9 9 that the committee will meet the first Thursday in May. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Bewley requested a status report on the revised skateboard ordinance requested by the City Council. Andy Takata noted that the item will be on the Council's agenda the first meeting in June. 2. City Manager May 1, 1996 was selected as the date for the Finance Committee to meet to review the City's budget at mid-year. At 8:37 p.m., the meeting was adjourned. The Atascadero City Council will at 7:00 p.m. Thursday, April 25, 1996, Embassy Suites, San Luis Obispo jointly with the City Councils of the Cities of Paso Robles, San Luis Obispo, Morro Bay, Pismo Beach, Arroyo Grande and Grover Beach for the purpose of discussing issues of mutual concern. CC 4/23/96 Page 8 MI U S�R RDEED AN PREPARED BY: LEE RICE, C.M.0 CITY CLERK CC 4/23/96 Page 9 WIL"4/96 DRAFT CITY COUNC LS OF SAN LUIS OBISPO COUNTY SPECIAL JOINT CITY COUNCIL MEETING Thursday, April 25, 1996 -7:00 p.m. Embassy Suites - 333 Madonna Road San Luis Obispo California San Luis Obispo Mayor Allen K. Settle called the meeting to order at 7:00 P.M. ROLL CALL: City of Arroyo Grande Present: Council Members Brandy, Fuller and Mayor Dougall Absent: Council Member Lady and Mayor Pro Tem Souza City of Atascadero Present: Council Members ,Carden,Mayor Pro Tem John$on, Mayor Highland Absent: Council Member Bewley City of Grover Beach Present: Council Members Forister, Gates, Munroe, Mayor Pro Tem Hamilton and Mayor Arnoldsen City of Morro Bay Present: Council Members Anderson, Crotzer, Unger, Vice Mayor Novak and Mayor Yates City of Paso Robles Present: Council Member Martin and Mayor Macklin Absent: Council Members Iversen, Picano and Mayor Pro Tem Heggarty City of Pismo Beach Present: Council Members Halldin and Mellow Absent: Council Member Brown, Mayor Pro Tem Stahl, and Mayor Bailey City of San Luis Obispo Present: Council Members Roalman, Romero, Smith,Vice MayorWilliams and Mayor Settle The Clerk noted that those cities represented this evening but without a quorum,would not be able to participate in voting but could join in discussion. i 000001 Joint Meeting of the City Councils Page 2 April 25, 1996 PUBLIC COMMENT: Neil Havlik, Natural Resources Manager for the City of San Luis Obispo, said that the City's Open Space Funding Task Force had delivered its preliminary findings and invited everyone to a public Task Force's public forum to be held on Monday, April 29, 1996, beginning at 6:45 p.m. in the Community Room of the City/County library. ACTION ITEMS: 1. The Councils considered a proposed annexation tax exchange agreement between San Luis Obispo County and the Cities in San Luis Obispo County. Bob Hunt. City Manager of Arroyo Grande, said the results of an independent study conducted by the firm of Crawford, Multari, & Starr on revenue neutral annexations had found that the numbers for the County to achieve fiscal neutrality on annexations were higher than the cities had hoped for, but did refute the County's claim that it needs a portion of the cities'sales tax or other revenue to remain whole on annexations. He recommended that the cities adopt the joint resolution presented this evening, and adopted by the Board of Supervisors at its meeting of April 23, 1996. Mayor Settle asked for public input. No one came forward to comment. After discussion, moved by Settle/Dougall to adopt Joint Resolution 01-96; motion carried as follows: Arroyo Grande - (3-0-2) Atascadero - (2-2-1) Grover Beach -(5-0) Morro Bay - (5-0) Pismo Beach - (no quorum) Paso Robles - (no quorum) San Luis Obispo - (5-0) 2. The Councils considered supporting the County's efforts to ensure Unocal compliance with State and Federal law, and adherence to environmental standards. Mayor Settle, San Luis Obispo, indicated that Council Member Romero had presented an revised resolution. He added the idea behind this action was to encourage County-wide environmental protection. Mayor Settle opened the floor to comment from the audience. Bill Sherrer, a senior manager for Unocal, said that Unocal supported the action by this group to pass a corporate citizen responsibility resolution and requested that all local elected officials and government bodies contact Unocal on individual areas of concerns. Pat Mackie, Paso Robles, said he was not aware of Unocal's cooperation with local government agencies and supported the resolution. 000001; Joint Meeting of the City Councils Page 3 April 25, 1996 Mayor Settle returned discussion to the Councils. Moved by Munroe/Romero to adopt the joint resolution as modified by Council Member Romero and with the last sentence of the original resolution included as a"Whereas'; motion carried as follows: Arroyo Grande (3-0-2) Atascadero - (4-0-1) Grover Beach -(5-0) Morro Bay - (3-2) Paso Robles - (not participating) Pismo Beach -(not participating) San Luis Obispo - (5-0) 3. The Councils considered supporting SB 1590 responding to the Guardino decision (Proposition 62).. Pete Dougall, Mayor of Arroyo Grande, reported that the Guardino decision invalidating a one-half cent sales tax to fund local transportation projects, could expose cities throughout California to potential retroactive rebates totalling approximately$400,000,000. He said that SB 1590,introduced by Sate Senator Jack O'Connell, will protect cities from these retroactive impacts and that the resolution before the Councils would provide the additional support needed to ensure passage in the Legislature. 0 Geoff Weg. Administrative Assistant to Senator O'Connell, urged the Councils to adopt the resolution. Moved by Dougall/Brandy to adopt a joint resolution of the Cities of San Luis Obispo County supporting validation of the act in response to Santa Clara County Local Transportation Authority vs. Guardino; motion carried as follows: Arroyo Grande - (3-0-2) Atascadero - (4-0-1) Grover Beach - (3-2) Morro May - (5-0) Paso Robles - (not participating) Pismo Beach -(not participating) San Luis Obispo - (5-0) 4. The Councils considered adopting a resolution asking Pacific Gas and Electric to address the community impacts of its proposal concerning the valuation of holdings around the state. _Council Member Carden,Atascadero,announced that he would be stepping down due to a conflict of interest. Bill Hendrix,County Administrator,said that in the environment of the utility industry to restructure the electric industry to create an atmosphere of competition, P.G. & E.'s proposal to diminish the value of its production facilities through accelerated depreciation would ultimately result in a loss of $9.6 million in revenues annually over a five-year period. He urged the Council to adopt the proposed resolution supporting the County in its efforts to work with P.G. & E. to mitigate these 000003 Joint Meeting of the City Councils Page 4 April 25, 1996 impacts. Mayor Settle asked for public comment. Greg Rueger, Senior Vice President and General Manager of P.G. & E.'s nuclear power generation business, asked the Council to consider that P.G.& E. is the largest property tax payer in the County and the largest private employer in the County with over 1600 year-round employees whose contribution to the community in the taxes they pay far outweighs the property tax contributions under discussion. Bud Laurent. Chairman of the Board of Supervisors,said he was representing a unified, unanimous board in support of this resolution. Mayor Settle turned the discussion back to the members of the City Councils. Moved by Munroe/Johnson to adopt the proposed resolution as amended to address, in addition to P.G.& E. in the title of the resolution, the California Public Utilities Commission, and the State Board of Equalization, also amending the final paragraph amended ,to include both entities in addition to P.G:& E., amend paragraph five to delete "come in direct violation of and add "may violate," and delete.paragraph six; motion was lost, as follows: Arroyo Grande - (0-3-2) Atascadero - (1-2-2) Grover Beach - (3-2) Morro Bay -(1-4) Paso Robles (not participating) Pismo Beach - (not participating) San Luis Obispo - (3-2) Moved by Dougall/Unger to resubmit this to the individual cities .for consideration, with further documentation to be supplied as discussed; motion carried, as follows: Arroyo Grande - (3-0-2) Atascadero - (3-0-2) Grover Beach - (5-0) Morro Bay - (5-0) Paso Robles (not participating) Pismo Beach - (not participating) San Luis Obispo - (5-0) INFORMATIONAL ITEMS: 5. The Councils considered a report on a tax override for safety improvements to Highway 46 East. Wait Macklin. Mayor of Paso Robles, explained that as a rural County, we are at a disadvantage as we compete for State highway transportation funds, and that the solution to fund Highway 46 0000011 Joint Meeting of the City Councils Page 5 April 25, 1996 improvements might necessitate an additional gas or sales tax that would require a two-thirds voter approval. He said that he hoped this body would direct their Mayors to continue dialogue on this subject. Mayor Settle asked for public comment. Pat Mackie,Paso Robles,Vice Chair of the Fix 46 Committee, urged the Councils' support of a half- cent increase in the County sales tax dedicated to Highway 46 safety projects and asked for additional support to ask the Board of Supervisors to put the sales tax increase on the November ballot. Mary Chambers, President of the Fix 46 Committee,reiterated the hope that this sales tax increase would appear on the November ballot. Ron DeCarli, Executive Director of San Luis Obispo Council of Governments, informed the Council that although SLOCOG has not taken a position on a sales tax measure,they aire currently working with the Fix 46 Committee, the California Highway Patrol, and Caltrans on Highway 46 safety improvements and will be developing recommendations within the next two months. Mayor Settle returned discussion to the Councils. Moved by Williams/Smith,San Luis Obispo, suggested that the Councils ask SLOCOG to prepare a draft resolution for the individual Councils to review and adopt and send on to the County if they wish to move ahead with this type of action. Discussion ensued on the timing to get a measure to the voters in November. Ron DeCarli said that it was unlikely that all the legal steps necessary to got a measure on the ballot for November could be accomplished between now and June, and that the measure would more likely be on the ballot in 1997 or 1998. In light of Mr. DeCarli's comments, Vice Mayor Williams withdrew the motion, but suggested that the individual cities study this as a possibility for next year. (General consensus.) 8:45 p.m. Mayor Settle called for a ten-minute recess. 8:55 p.m. Mayor Settle reconvened the meeting. 6. The Councils received a report on the Foundation for Community Design. Rob Rossi. Rossi Enterprises, speaking on behalf of the Foundation for Community Design, said that this group was comprised of people from throughout the County attempting a grassroots effort at visioning for the future of the County. 7. The Councils considered recommendations from the planning directors on developing land use strategies for improving general plan land use compatibilities, and joint planning of the spheres of influence and planning impact around the cities. 000005 Joint Meeting of the City Councils Page 6 April 25, 1996 Bob Lata, Community Development Director for the City of Paso Robles, asked the Councils for direction as to whether the planning directors should pursue coordinating land use policies. The Councils approved the Planning Directors pursuing these goals. 8. The Councils considered recommendations of the California Constitution Revision Commission. John Dunn, City Administrative Officer, City of San Luis Obispo, reviewed the recommendations of the California Constitution Revision Commission, including a new state/local realignment plan with each County forming a Home Rule Community Charter Commission in 1997. The charter would provide for the assignment of local government services and their financing and would be submitted to the voters for their approval no later than November of 2000. Mayor Settle encouraged all the cities in the County to attend the League of California Cities Channel Counties Division meeting in San Luis Obispo in September when Bill Hauck, Chair of the Revision Commission will be making a presentation. John Dunn added that a series of seminars would be held this summer and fall, and that he would urge that one of those take place within this County. Council Member Smith, San Luis Obispo, called attention to a document relating to the politics of politeness drafted by the California Elected Women's Association for Education and Research, and encouraged each Council to consider adopting it as a resolution. 9:15 p.m. There being no further business to come before the Councils, Mayor Settle adjourned the meeting. Recorded by: j Ki Cond Rec rding Secretary Assistant City Clerk, San Luis Obispo 000006 Y TO RF,P'ORT CTTCOUNCII We+:-:ng Date' 5/14/96 4 i - . k-I %� I �_ CTTY OF ATASCADERO Agetida. TtP-M: A-3 _rk rough - An,4v Takatn , City Manager From- B r A 144 ford W h i t t n a n c.A. Di rector SIUBJECT of AUd4 o ,f A Payment tAd Bi 11 s, and Payrol 1 for the montlill,; P.pr. 6 PRECOMMENDATT ON- An A .r,-.vp rprt 4 4 A i t V A;,-:aunt n a v a A. p a v ro I arts p a y ro v en: o r nk, Anl,�; for thA month o ,f Anril ; 1991-' n++nn"Ad ; for City Counnil rCV4AVV, Anl npn -4 ng : - roval ; are the fol low A . Payroll Irl A r d F ncl no /on /na t1f, #Or-4,03_0r-r-7n 1131 ;0A C.nA Pr A r 4 ^,4 C-..4 nA /1 11 Cl a A 0- f%4n.o a Mat PA %In T 04105 /96 C k, 44-0 55 55 4-5- V%l I 1�1L�l�l 44-0C c n,cl RF-TL-Risr P{_ pA rIA /05/91-' f,t, l _I 0 0 r'la t p.4 n A 1 1) C OCC%r) j - - -L4 k.,.t. ! e- k., e__l v 1_1 I ; C) L, -I C Pavroll VAndors t_?! 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Y• DD DDDDDD I O C-) -0 mmm mm mmm r 1T r�tyvrltvarycy 1 1 • 0m nnnnnnnnl xxxx=xzxl � mmmmmmmm I a -<m nnnnnnnn l -In9 1 Drl•O 0 00001L REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: A-4 Through: Andrew J. Takata Meeting pate: 05/14/96 City Manager File Number: TTM 25-89 via: Steven L. DeCamp, City Planner From ,,( Doug Davidson, Senior Planner r SUBJECT: Consideration of time extension request for Tentative Tract Map 25- 89 at 5805 Capistrano Avenue (Lewis/North Coast Engineering) . RECOMMENDATION: Per the Planning Commission' s recommendation, approire a three-year time extension for Tract 1858 based on the extent of the required off-site improvements. • BACKGROUND: On April 16, 1996 Planning Commission reviewed the above-referenced subject on its Consent Calendar. On a 7 :0 vote, ',the Commission recommended approval of a three-year time extensio* for Tentative Tract Map 25-89 to March 13, 1999. DD:ph Attachment: Planning Commission Staff Report - April 16, 1996 0000117 M E M O R A N D U M DATE: April 16, 1996 • TO: Planning Commission FROM: p. l�Doug Davidson, Senior Planner SUBJECT: Time Extension Request - Tentative Tract Map 25-89 5805 Capistrano Ave. (Lewis/North Coast Engineering) RECOMMENDATION: Staff recommends a three-year time extension be granted for Tract 1858, based on the extent of the required off-site improvements. BACKGROUND: Tentative Tract Map #25-89 (Tract 1858) was recommended for approval by the Planning Commission on February 20, 1990, and was approved by the City Council on March 13, 1990. This map approved the subdivision of one parcel into four lots and the creation of eighty-one (81) commercial condominium units. Phase I of the Tract Map was recorded in February 1991. An initial one-year extension of this entitlement was granted by the City Council on April 28, 1992. This action extended the expiration date of the tentative map to March 13, 1993. On April 27, 1993 the City Council authorized a second time extension, extending the approval date to March 13, 1994. The State Legislature amended the Subdivision Map Act in September, 1993, to automatically extend the life of all active tentative maps by two .years. Thus, this tract map was kept alive until March 13, 1996. Over the last several years, substantial improvements have completed, both on-site and off-site. According to Subdivision Map Act Section 66452.6, if the subdivider is required to expend $125,000 or more on off-site public improvements (excluding right- of-way improvements) , each filing of a final map shall extend the expiration of the approval for three years. The applicant has submitted receipts which prove that more than $125,000 has been spent so far on off-site improvements, particularly drainage and utility improvements. Staff therefore supports the applicant' s request to extend the expiration date of the subject tentative tract map to March 13, 1999. The third and last one-year extension remains an option and could be granted if needed in 1999. Attachments: Attachment "A" - Extension Request (2 letters) Attachment "B" - Tentative Tract Map 0000,1 f GLEN R. LEWIS A PROFESSIONAL LAW CORPORATION 5855 CAPISTRANO AVENUE POST OFFICE BOX 1980 ATASCADERO, CALIFORNIA 93423 TELEPHONE (805) 466-6644 February' 4M 6617996 City Of Atascadero Planning Department ;F' � ,, � 6500 Palma Ave. EV Atascadero, CA 93422 �OMPg1 _ Attn: Doug Davison L,111jYc,"oL0 " 'VT RE: Tract 1858/Extension of Tract Map Dear Mr. Davison: The Tract map for Tract 1858 has one more year of automatic extension. This must be extended by March 13, 1996. As you are well aware, there is virtually no commercial construction going on in Atascadero nor do I see any plans for any in the next few coming years. As a result, I checked into Government Code Section 66452 . 6 (copy enclosed for your reference) in order to verify the right of the Hotel Park Tract 1858 owners obtaining a lodger extension. According to that code section, off-site improvements amounting to $125, 000.00 or more will grant us a three (3) year extension. In reviewing our project, we have definitely spent in excess of the minimum required in off-site improvements for the public. The project ended up realigning Capistrano Ave. which included ripping out old asphalt and hauling it away, putting in the road approach to the proposed bridge across the creek, putting in new storm drains, sewer and water lines to relocate them to the angle of the, newly realigned Capistrano Ave. , ran a sewer main for the city over to the manhole across from the Bowling Center under the culverts from Hotel Park, relocated telephone lines due to street realignment, added rip rap in creek, installed 66 inch culverts in the public right of way to City Hall, and were forced by PG&E to install a major underground utility line for the entire City. In addition, the project was pre-approved for eleven (11) buildings but permits and approval was directed for us to install all of the underground (PGE, Gas, Water with hydrants, etc. ) .for the entire project although there were only three (3) buildings constructed. Based on these expenditures, a request is hereby made for the City of Atascadero to grant Tract 1858 a three (3) year extension of its tract map. Your immediate attention to this matter would be greatly appreciated as the date as indicated above for the project 000019 City Of Atascadero Planning Department Attn: Doug Davison February 16, 1996 Page 2 to receive the one (1) year extension is up March 13, 1996. The owners of Tract 1858 would like to know the answer to our request prior to the March 13th date. If you should have any questions with regard to the contents of this letter or would like to have a meeting with regard to this request please contact me immediately. Very truly yours, GLEN R. LEWIS GRL: ll Enclosure cc: Hotel Park Owners F Lu 2 195' 000020 GLEN R. LEWIS A PROFESSIONAL LAW CORPORATION 5855 CAPISTRANO AVENUE POST OFFICE BOX 1980 ATASCADERO, CALIFORNIA 93423 TELEPHONE (805) 466-6644 FAX (805) 4666647 March 8, 1996 City of Atascadero Planning Department 6500 Palma Ave. Atascadero, CA 93422 Attn: Doug Davison: Re: Tract 1858/Extension of Tract Map Dear Mr. Davison: Pursuant to our telephone conversation, enclosed please find receipts totalling almost $165, 000 which were public improvements off site from the Hotel Park project. These are not inclusive as there are more PG&E bills that are being sent to me`. However, due to the fact that the Hotel Park project only has until March 13, 1996 to file for an extension, I am submitting these bills immediately. As indicated to you earlier, the project has expended in excess of $125,000 for off-site improvements pursuant to Government Code §66452 .6 and thus is entitled to a', three (3) year automatic extension. Please confirm this fact immediately so that the project does not loose its extension. Thank you for all your courtesy and cooperation with regard to this matter. Very truly your, -GLEN R. LEWIS 3��J l f GRL: ll S/ c Enclosures CoMr.UMTY 000021 CITYATASCADERO TENTATIVE TRACT MAP cCOMMUNITY DE ELOPMENT TTM 25-89 DEPARTMENT o a,eilan�a I e t�� • u 1 t I@ �� o -_ • I�Z pgag� �, Ain 1 � C �•- � t 3 i 4 • 4a -- -- Y' is C. a 0 v rim o o a 1 $1bY aY t -° , t-T-t A 01 VZ Ca1 iiAA6 -�4QgnNC D m i ! uiad �aq zm 115mqo> omo ! - --1 V/ ntci'` z�$ >-1 j a aiE� i�i.a :3 s` > o">mg 01m 0 In tL1 11Z //D 1 ZI MEET114G AGENDA 1)AT S 14 96 ITEM# A-5.�..._ M E M O R A N D U M TO: City Council FROM: Steven L. DeCamp, City Planner DATE: May 14, 1996 RE: General Plan Amendment Cycle RECOMMENDATION• Receive and File. BACKGROUND: The following General Plan amendment applications were filed for consideration during the first general plan amendment cycle of 1996. Where appropriate, concurrent applications for amendment of the City' s Zoning Ordinance have also been filedland will be processed with the appropriate general plan amendment. GPA 96-001: 9505 El Camino Real (Hendrix) Current GP: Retail Commercial Proposed GP: High Density Multi Family Project Size: 2.75 acres GPA 96-002: 5810 Traffic Way (Hendrix) Current GP: Downtown Proposed GP: High Density ,Multi Family Project Size: 0.4 acres GPA 96-003: 2600 E1 Camino Real (Johns) Current GP: Industrial Park Proposed GP: Commercial Park Project Size: 33 acres GPA 96-004: 9110 - 9120 Santa Barbara Rd. (Presburger) Current GP: High Density Single Family and Recreation Proposed GP: High Density Single Family Project Size: 25. 1 acres GPA 96-005: 7350 Navajoa Ave. (Kleinhammer) Current GP: Office Proposed GP: Office and High Density Single Family Project Size: 0.39 acres • General Plan Amendment Cycle 96-1 May 14, 1996 Page 2 GPA 96-006: 3900 Traffic Way (Davis) Current GP: Suburban Single Family Proposed GP: High Density Single Family Project Size: 39.9 acres 0000�4 REPORT TO CITY COUNCIL Meeting Date: 05/14/96 CITY OF ATASCADERO Agenda Item : A-6 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Resolution supporting the City of Atascadero's claim for 'reimbursement of costs associated with complying with new State law relative to elections. RECOMMENDATION: Adopt Resolution No. 34-96 urging the Commission on ;State Mandates to. approve Claim CSM-4500 and requesting reimbursement of costs associated with the City's compliance with Section 2601(e) of the California Elections Code. BACKGROUND: In 1993, the legislature passed AB 2196 changing the date of the statewide primary election from June to March. The City Council considered the impact of the new law on the City and decided to amend the Atascadero Municipal Code by adopting an ordinance changing the regular municipal election from the statewide primary (which was specified as June in the Code) to the general election in November of even-numbered years. Ordinance No. 288 was adopted June 27, 1996 and the City Clerk, in compliance with new law set forth in Section 2601(e) of the Elections Code, mailed notices to all registered voters in the City notifying them of the change in election date and changes in term expiration dates for elected city officeholders. (A copy of the Notice to Voters is attached). Working with Virgil Salzman of David M. Griffith and As$ociates, the City's consultant for State-mandated cost reimbursement, the City Clerk filed a test claim with the Commission on State Mandates. The test claim was accepted and a formal hearing before the Commission is scheduled for June 27, 1996. DISCUSSION: The State Finance Department, in response to the Commission on State Mandates, has (naturally) recommended denial of the claim. The City Clerk was permitted to submit a rebuttal and a request was approved; for a pre-hearing conference (set for late May), at which time the issues will j be discussed and questions will be answered in an informal setting prior to the formal hearing in June. The attached resolution of support will be delivered to the Commission by the City Clerk at the pre-hearing conference. In addition, the City Clerk is enlisting the support of 44 other cities in California that were affected by AB 2196 and is requesting that those cities either adopt a similar resolution or write letters to the Commission supporting the test claim. 00°0015 Report to City Council 5/14/96 FISCAL ANALYSIS: The claim seeks full recovery of costs in the amount of $4,250. If the Commission approves the test claim, the City will be reimbursed, and other cities in the State that incurred costs because of the new mandate will then be able to submit claims for reimbursement. Attachments: Resolution No. 34-96 Notice to Voters dated 8/1/95 000021; RESOLUTION NO. 34-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, URGING THE COMMISSION ON STATE MANDATES TO APPROVE TEST CLAIM CSM 4500 SPONSORED BY THE CITY OF ATASCADERO AND REQUESTING REIMBURSEMENT OF COSTS ASSOCIATED WITH THE CITY'S COMPLIANCE WITH SECTION 2601(e) OF THE CALIFORNIA ELECTIONS CODE WHEREAS, AB 2196, signed by the Governor on October 5, 1993, amended the California Elections Code by requiring that the statewide presidential primary be held on the 4' Tuesday in March in any year which is evenly divisible by the number four; and WHEREAS, Section 1 of AB 2196 states, in part; that the intent of the bill, as declared by the California State Legislature, is to "maximize voter, participation in the electoral process" by "holding both the presidential primary and the direct primary elections the same day"; and WHEREAS, AB 2196 amended Section 2500 of the Elections Code by adding the fourth Tuesday in March as an authorized date for a general municipal election; and WHEREAS, pursuant to Section 2-14.01 of the Atascadero Municipal Code, the City of Atascadero has held its general municipal elections in conjunction with the statewide primary in June of even numbered years since 1981 and has lawfully consolidated said elections with the County of San Luis Obispo; and WHEREAS, in order to comply with the change in law, the;County of San Luis Obispo did move the statewide primary to March rather than June; and WHEREAS, the City Council of the City of Atascadero was therefore compelled to study the impact of the new law on the City and, as a result, considered the options left available. The City Council found the City's municipal code to no longer in be in compliance with State law and determined it necessary to adopt a new ordinance amending the election date. Public hearings were held on June 131h and June 27' 1996 at which time the City Council introduced and adopted an ordinance changing the date of the City's general election; and WHEREAS, pursuant to Section 2601(e) of the California Elections Code, as added by AB 2196, the Atascadero City Clerk did notify by mail all registered voters in the City of the change in election date and the change in officeholder terms; and WHEREAS, the City of Atascadero did incur increased costs in excess of $200 as a result of complying .with the State mandate imposed in Section 2601(e) of the G117f�0a'`7 i Resolution No. 34-96 Page 2 California Elections Code and has filed a test claim with the Commission on State Mandates; and WHEREAS, Government Code §17561(a) provides that, "the State shall reimburse each local agency and school district for all costs mandated by the State". Further, Government Code §17514 defines "all costs mandated by the State" as "any increased costs which a local agency or school district is required to incur after July 1 , 1980, as a result of any statute enacted on or after January 1, 1975..., which mandates a new program or higher level of service in an existing program within the meaning of Section 6 of Article XIIIB of the California Constitution." NOW, THEREFORE the City Council of the City of Atascadero does hereby urge the Commission on State Mandates to approve Test Claim CSM 4500 for the following reasons: SECTION 1. Section 2601(e) of the California Elections Code contains a mandate that left the City with no option but to incur increased costs. SECTION 2. The City Council acted in a reasonable and prudent fashion by choosing the least costly alternative that supports the intent of the AB 2196. On motion by Councilperson and seconded by Councilperson the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney e F Q�DD�� a "0 f � CITY OF ATASCADERO 1918 1 78 \ CARO// OFFICE of the CITY CLERK SPECIAL NOTICE TO VOTERS TO: All City of Atascadero Registered Voters FROM: Lee Price, City Clerk SUBJECT: Change in Municipal Election Date DATE: August 1, 1995 The Atascadero City Council has adopted Ordinance No. 288 changing the date of the regular municipal election date from the first Tuesday in June to the first Tuesday after the first Monday in November. Beginning with the 1996 election year, Atascadero voters will cast their ballots for City officeholders and/or City measures concurrent with voting in the statewide general election. As a result of this change, terms of office have been extended by five months for the following elected officials: City Official: Term Expires: Councilmember R. David Bewley November, 1996 Councilmember George P. Highland November, 1996 Councilmember George Luna November, 1996 Councilmember Harold Lee Carden, III November, 1998 Councilmember Ray Johnson November, 1998 Lee Price, City Clerk November, 1998 Muriel C. "Micki" Korba, City Treasurer November, 1998 Background: The City of Atascadero, by ordinance adopted in 1981, has consolidated its general municipal election with the statewide primary. The statewide primary has historically been held on the first Tuesday in June of even-numbered years. In 1993, an election pilot program was enacted by the state legislature which moves the statewide primary from June to March. Costs for conducting Atascadero's election in March, as compared with conducting the election in November, are significantly higher. It is for this reason that the Atascadero City Council unanimously agreed to move the election date to November. If you have any questions about this matter, please call Lee Price, City Clerk. 6500 PALMA AVENUE • ATASCADERO, CA 93422 • (805) 461-5074 000029 i REPORT TO CITY COUNCIL Meeting Date: 05/14/96 18 CITY OF ATASCADERO Agenda Item : A-7 Through: Andy Takata, City Manager From: Mayor Highland /I SUBJECT: Resolution supporting AB 2342 (Sordonaro) regarding Marine Weather Information, Forecasts, or Advisories. RECOMMENDATION: Adopt Resolution 33-96 supporting AB 2342, at the request of the City of Morro Bay. BACKGROUND: Cathy Novak, Vice Mayor of the City of Morro Bay, ha& written requesting support for Assemblymember Bordonaro's bill AB 2342 relative to public entity liability for the dissemination of marine weather information, forecasts and iadvisories. DISCUSSION: Although the City of Atascadero is not a coastal community, this bill could potentially reduce municipal costs associated with liability claims 1,regarding weather- related services throughout the State. Attachments: Letter from City of Morro Bay Legislative Counsel's Digest Draft Resolution No. 33-96 000030 City of Morro Bay t MORRO BAY, CALIFORNIA 93442 ' 805-772-6200 55 -c�N. _.•r. ,, is ,_:� , ' 4. i April 26, 1996 The Honorable George Highland City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear May r Highland I am writing this letter seeking your help and support for Assembly Bill 2342. This bill was introduced by Assemblyman Bordonaro at my request. This bill will help reduce public entity liability for the dissemination of marine weather information, forecasts, and advisories. • The idea for AB 2342 was prompted by a City Council discussion regarding the City's liability for displaying weather warning flags. The Morro Bay Commercial Fisherman's Organization donated a weather flag pole advisement system that our Harbor Department is responsible for maintaining and displaying the appropriate flag(s). In addition, there are other weather-related services that our Harbor Department offers to the boating community, that puts our City at risk. In researching other ports and harbor policies, we discovered that they have either discontinued this type of service or do not offer it solely because of liability. This is of grave concern to me. I have an extensive background in sport and commercial fishing and realize how imperative it is to have access to weather information for safe voyages. I am in fear that unless specific legislation is not passed to prevent unfounded suits against ports, harbors and special districts, we will see the demise of valuable public services and most likely an increase in boating accidents. The City of Morro Bay has spent thousands of dollars in settling unfounded cases strictly because it was cheaper than proceeding with litigation. Nowadays, many cities are faced with severe fiscal constraints. Implementing measures, such as AB 2342, to save money could mean the difference in layoffs and the reduction of services to our constituents. 000031 FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC WORKS 595 Harbor Street 595 Harbor Street 71 5 Harbor Street 69S Harbor Street HARBOR DEPARTMENT PLANNING AND BUILDING POLICE DEPARTMENT RECREATION AND PARKS 1 275 Embarcadero 535 Harbor Street 850 Morro Bay Blvd. 1001 Kennedy Way The Honorable George Highland City of Atascadero April 26, 1996 Page Two This bill does not intend to stymie valid claims against public entities. But, rather provide a mechanism for unmerited claims to be dismissed by a court of law at the beginning of the proceedings. In conclusion, I am asking that your City adopt a resolution in support of AB 2342 and forward a copy to Senator Jack O'Connell. I expect AB 2342 will be passed to the Senate within the next couple of weeks. Please feel free to call me at (805) 772-9499 if you would like further information. Regards, Cathy Novak Vice Mayor P.S. -Please copy your communications to the following: Senate Judiciary Committee State Capitol Room 4039 Sacramento, CA 95814 Assemblyman Tom Bordonaro State Capitot, Room 3120 Sacramento, CA 95814 000032 RESOLUTION NO. 29-96 RESOLUTION IN SUPPORT OF AB 2342 MARINE WEATHER INFORMATION, FORECASTS,OR ADVISORIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Commercial Fisherman's Organization donated the weather warning flag pole system for the North T-Pier in memory of fellow commercial fisherman, Al French,who lost his life at the Morro Bay harbor entrance; and WHEREAS,the weather warning system is a public service for the boating public,the community, and visitors to Morro Bay; and WHEREAS,the Morro Bay City Council unanimously approved the weather warning flag pole system at the January 23, 1995 meeting; and WHEREAS,the Harbor Department of the City of Morro Bay listens to the National Weather Service Marine forecast and raises the appropriate flag for the weather forecast; and WHEREAS,the City Council voiced concern regarding the City's liability for the operation and dissemination of marine weather information; WHEREAS, other California ports and harbors have discontinued this public service only because of the liability; and WHEREAS,Morro Bay City Councilmember Novak worked with Assemblyman Bordonaro creating legislation to help California ports,harbors and special districts provide a valuable public service and solve the liability issue; and WHEREAS,Assemblyman Bordonaro has introduced AB 2342; and WHEREAS, AB 2342 reads as follows: "A public entity is not liable for personal injury, property damage, or wrongful death arising as a result of the dissemination of marine weather information, forecasts, or advisories"; and WHEREAS, AB 2342 includes all California ports, harbors, and special districts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, hereby finds AB 2342 benefits all public entities, such as the City of Morro Bay, disseminating marine weather information, forecasts,or advisories; and 000033 AB2342 http://www.sen.ca.gov/hthin/ca-html...00.A82342]T960409.TXT;1/bill/A82342 AB 2342 Liability: marine weather. BILL NUMBER: AB 2342 AMENDED 04/09/96 AMENDED IN ASSEMBLY APRIL 9, 1996 AMENDED IN ASSEMBLY MARCH 25, 1996 INTRODUCED BY Assembly Member Bordonaro FEBRUARY 15, 1996 An act to add Section 816.5 to the Government Code, relating to liability. LEGISLATIVE COUNSEL'S DIGEST AB 2342, as amended, Bordonaro. Liability: marine weather. Existing law states that, except as otherwise provided by law, a public entity is not liable for an injury,. whether the injury arises out of an act or omission of the public entity, a public employee, or any other person. Existing law also provides that, except as otherwise provided by law, a public employee is not liable for 0 an injury resulting from the employee:s act or omission where the act or omission was the result of discretion invested in the employee. This bill would specify that a public entity or public employee is not liable for personal injury, property damage, loss of profit, or wrongful death arising as a result of the dissemination of marine weather information, forecasts, and advisories, except in the case of an act or omission that constitutes an intentional tort. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. SECTION 1. Section 816.5 is added to the Government Code, to read: 816.5. i4:4:e Neither a public entity nor a public employee is liable for personal injury, property damage, loss of profit, or wrongful death arising as a result of the dissemination of marine weather information, forecasts, or advisories, except in the case of an act or omission that constitutes an intentional tort. Senate Home Pane Search Bill Text Senate Rules Committee ,, California State Senate," WebMaster(c)sen.ca.gov 1 of 1 04/11/96 22:30:04 000034 RESOLUTION NO. 33-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, IN SUPPORT OF AB 2342 MARINE WEATHER INFORMATION, FORECASTS, OR ADVISORIES WHEREAS, AB 2342 has been introduced by Assemblymember Tom Bordonaro; and WHEREAS, AB 2342 would specify that neither a public entity or public employee is liable for personal injury, property damage, loss of profit, or wrongful death arising as a result of the dissemination of marine weather information, forecasts, or advisories, except in the case of an act or omission that constitutes an intentional tort; and WHEREAS, the bill may help reduce public entity liability and prevent unfounded suits against California ports, harbors and special districts that disseminate marine weather information, forecasts and advisories; and WHEREAS, the City of Morro Bay Harbor Department provides weather-related services to the public and boating community statewide; and WHEREAS, the City Council of the City of Atascadero supports the efforts of the City of Morro Bay and Assemblymember Bordonaro to provide a mechanism to dismiss unmerited claims and reduce the amount of public funds spent annually by cities to settle and defend unfounded claims. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Atascadero, California, does hereby support AB 2342 as introduced by a Assemblymember Bordonaro. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 000035 Resolution No. 33-96 Page 2 ADOPTED: ATTEST: CITY OF ATASCADERO BY: LEE PRICE, City Clerk GEORGE . HIGD, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000036 I REPORT TO CITY COUNCIL CITY OF ATASCADERO Item NO: A-8 Through: Andy Takata, City Manager Meeting Date: 5/14/96 From*� Steven L. DeCamp, City Planner SUBJECT: Request for authorization to enter into a joint powers agreement with the County and Cities to update the Safety/Seismic Safety Element of the General Plan. RECOMMENDATION: Approve Resolution No. 32-96 authorizing the Mayor and City Clerk to execute the attached Joint Powers Agreement (JPA) . BACKGROUND: The cities and county have historically cooperated in retaining consultants to undertake selected specialized types of studies and mandated general plan elements, including most; recently the • Noise Element. The attached Joint Powers Agreement was drafted following review and recommendation by the County ';Planning Directors . The attached letter from the County Planning Department provides additional background. Please note that this City' s additional fiscal obligation as a result of Pismo Beach' s withdrawal will be $254 . 88 as opposed to the $421.43 quoted in the County Planning Department' s letter. FISCAL IMPACT: The City' s adjusted share of the contract with Furgo West Inc. and Cal Poly is $9304. 88, which is $254.88 higher than the originally estimated $9050. 00. The Council allocated $4050.00 toward this total in the last fiscal year and the balance in the current fiscal year budget. ATTACHMENTS : Exhibit A - Resolution 32-96 Exhibit B - Draft Joint Powers Agreement Exhibit C - April 24, 1996 SLO County Letter 00003'7 RESOLUTION NO. 32-96 A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING PARTICIPATION IN THE JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO COUNTY AND CITIES TO UPDATE THE SAFETY/SEISMIC SAFETY ELEMENT OF THE GENERAL PLAN WHEREAS, the State of California mandates that each city and county general plan containCa Safety Element pusuant to Section 65302(g) of the Government e; and WHEREAS, the City of Atascadero desires to participate with the County of San Luis Obispo and its component cities in updating its Safety Element; and WHEREAS, such an approach will lead to lower costs to each participant while enhancing cooperatice regional planning. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council agrees to contribute its pro rata share of the total costs in the amount of $9304.88. 2 . The City Council hereby directs She nd City Clerk to execute the attached Joint Power Agreement. On motion by Councilmember seconded by Councilmember , the foregoing resolution is hereby approved on the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: GEORGE P. HIGHLAND, Mayor City of Atascadero ATTEST: LEE PRICE, City Clerk 000038 RESOLUTION NO. 32-96 Page 2 APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner 000039 �XFt-fY3CT P JOINT POWERS AGREEMENT AMONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER BEACH, EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES SAFETY ELEMENT UPDATE AND PROGRAM LEVEL ENVIRONMENTAL IMPACT REPORT THIS JOINT POWERS AGREEMENT is made and entered into this day of , 1996,by and between the COUNTY OF SAN LUIS OBISPO, hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO, GROVER BEACH, EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section 6500 et seq., of the Government Code. WITNESSETH: WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies and plans leading to the development of updates to the Safety and Seismic Safety Elements of their General Plans as consolidated Safety Elements pursuant to Section 65302 of the Government Code; and, WHEREAS, COUNTY and CITIES wish to prepare an integrated, program level environmental impact report (EIR) for the consolidated and updated Safety Elements of their General Plans to evaluate any impacts associated with mitigation measures resulting from the adoption of policy programs to reduce potential safety hazards, in order to promote informed decision-making; and, WHEREAS, it will avoid duplication of efforts, minimize expense, and be of benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract for the preparation of updates to said Safety Elements of their General Plans and program level EIR and one contract for geographic information system (GIS) mapping services in support of said updates; and, 000040 WHEREAS, the Planning or Community Development Director of each City and the Director of the County Department of Planning and Building have reviewed and have had opportunity to comment on the tentative Work Program for the preparation of the Safety Element updates and program level EIR; and WHEREAS, FUGRO WEST, INC., a California Corporation (hereinafter Consultant) is engaged in the business of geotechnical, environmental, engineering and planning analysis and preparation'of Safety Elements and represents that it is qualified to offer its services as consultant in the preparation of said updates to the Safety Elements and program level EIR; WHEREAS, the CALIFORNIA POLYTECHNIC STATE UNIVERSITY (hereinafter University), through the Landscape Architecture Department, which is engaged in the business of providing GIS mapping services and preparation of digitized map products, represents that it is qualified to offer its services as consultant in the preparation of GIS mapping in support of said updates to the Safety Elements and program level EIR; NOW, THEREFORE, IT IS MUTUALLY AGREED 1. The sole purpose of this Agreement is to provide a vehicle by which the parties hereto may cooperate in the preparation of the updates to Safety Elements of their respective General Plans and a program level EIR, and no party to this Agreement intends or does hereby assume any of the debts, liabilities or obligations of any party hereto. 2. The COUNTY, upon approval by the San Luis Obispo County Board of Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated and empowered as the party to negotiate and execute contracts with Consultant and University for the preparation of said updates to the General Plan Safety Elements and a program level';EIR, in a total amount not to exceed $110,000. jpal.saf 4/25/96 Page 2 000041 3. COUNTY, or such person as the COUNTY may designate, is hereby designated as the party charged with the administration and enforcement of said contracts on behalf of the COUNTY and CITIES. 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully set forth, for payment of the obligation incurred under the contracts which are the subject of this Agreement, and none of the parties to this Agreement shall be liable to any person or agency for the share of any other such parties; and provided that the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the amounts set forth in Exhibit "A". 5. The amount of money to be expended pursuant to said contracts shall not exceed a total of$110,000 except by written amendment to this Agreement concurred in by all parties hereto. 6. Within 90 days of execution of the contracts, the Treasurer of the County of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES pursuant to this Agreement. These monies will be maintained in a trust fund by the Auditor and appropriated to the County Department of Planning and Building's budget in the fiscal year when the expenditures occur. Amounts due on the contracts referred to herein shall be drawn upon . warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement as provided for in paragraph 11, any surplus money on hand in the trust fund shall be returned to the parties to this Agreement in proportion to their contribution made within 45 days from the date of the final billing from Consultant and University. 7. Costs of additional work tasks other than those specifically set forth in the contracts between the COUNTY and Consultant and University are the responsibility of the city jpal.saf 4/25/96 Page 3 0000,12 or county requesting the additional service and shall be borne by the county or city electing to 0 have such work tasks performed. Such additional work tasks shall be performed by the county or city desiring them or through separate contract(s) between the county or city and Consultant and University. The costs of such additional work tasks shall be above and beyond the amounts specified in Exhibit "A" attached hereto and the maximum expenditure stated in paragraph 5 of this Agreement. 8. COUNTY and CITIES shall each be responsible for completing at their own expense certain activities, such as reproduction of final documents, as specified in the contracts with Consultant and University. 9. COUNTY and CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by Consultant and University including but not limited to the following: A. The location of critical facilities such as police and fire stations, schools, hospitals and roadways that are designated evacuation routes. B. The location, capabilities and needs of emergency service providers. C. Information on the location of areas with hazardous or substandard structures that may be subject to damage or collapse in the event of an earthquake, available as a result of Senate Bill 547 implementation (unreinforced masonry building legislation). D. Available information on past localized flooding and areas prone to high groundwater. E. Copies of existing safety-related ordinances and regulations. jpal.saf 4/25/96 Page 4 000043 F. Desired Safety Element goals and any preferred policies and implementation measures, G. Review of suggested Safety Element policies for consistency with other general plan elements of the jurisdiction. H. Comments on the administrative draft issue/policy report and technical report. 10. COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 11. This Agreement shall take effect upon its execution by the chairman, or mayor, and clerks of the legislative bodies of the County of San Luis Obispo and the six incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such execution and shall continue until COUNTY'S contracts with Consultant and University shall have been fully performed by the parties thereto and until the updates to the Safety Elements and program level EIR hereundef have been completed and received by the parties hereto and all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate. 12. Entire Agreement and Modification. This Agreement supersedes all previous contracts and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. jpal.saf 4/25/96 Page 5 000044 13. Non-Assignment of Contract. No party to this Agreement may assign, transfer, delegate or sublet any interest therein. 14. Enforceability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. This -Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor By: Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor By: Resolution No. Clerk CITY OF GROVER BEACH By: Date: Mayor By: Resolution No. Clerk jpal.saf 4/25/96 Page 6 000045 CITY OF MORRO BAY By: Date: Mayor By: Resolution No. Clerk CITY OF EL PASO DE ROBLES By: Date: Mayor By: Resolution No. Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor By: Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chairman, Board of Supervisors By: Resolution No. Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: jpal.saf 4/25/96 Page 7 0000116 EXHIBIT "A" OST CONTRIBUTION OBLIGATION Arroyo Grande $ 5,759.30 Atascadero 9,304.88 El Paso de Robles 8,019.03 Grover Beach 4,781.42 Morro Bay 3,804.87 City of San Luis Obispo 16,671.43 *County of San Luis Obispo 61.659.0? TOTAL $110,000.00 *County will be responsible for costs of contract administration and limited reproduction"services as described in the Scope of Work and Work Program exhibit of the contracts. ADDITIONAL TASKS AND COSTS The following work tasks are not to be included within the scope of services of the contracts between the County and Consultant and University. These tasks and any other tasks not specifically set forth in the contracts between the County and Consultant and University shall be the responsibility of the County or City requesting the additional service and shall be performed by that County or City or through separate contract(s) with the Consultant or University. The cost of such additional service shall be borne by the County or Cities desiring such tasks, and shall be in addition to the cost contribution obligation specified above: 1. Analyses of types of safety hazards and risks that are in addition to those specified in the Scope of Work and Work Program exhibits of the contracts. 2. Meetings and public hearings that are in addition to the three public information meetings specified in the Scope of Work and Work Program exhibit of the contracts. 3. Reproduction of documents that are in addition to the type and number of documents described in the Scope of Work and Work Program exhibits of the contracts. 4. Preparation of mapping products that are in addition to the type, number and file formats described in the Scope of Work and Work Program exhibits of the contracts. jpal.saf 4/25/96 Page 1 000047 1850 SAN LUIS OBISPO COUNTY DEPARTMENT OF PLANNING AND BUILDING ALEX HINDS 0 DIRECTOR BRYCE TINGLE ASSISTANT DIRECTOR ELLEN CARROLL ENVIRONMENTAL COORDINATOR BARNEY MCCAY CHIEF BUILDING OFFICIAL NORA April 24, 1996 ADMINISTRATIVE SEERVIC SALISBURY OFFIICER Steven L. Decamp City Planner City of Atascadero 6500 Palma Avenue Atascadero, CA 93422-4299 Dear Steven: Subject: Joint Powers Agreement for the County/Cities Safety Element Update As indicated in the status report I faxed to you on Monday, I'm sending you the joint powers agreement (JPA) for formalizing the cost sharing arrangement among the county and the six participating cities for the Safety Element update. The JPA is modeled on the one done in 1990 for the joint Noise Element update and it has been reviewed by County Counsel as to form. The JPA contains an exhibit A which specifies the amounts to be contributed by each agency based generally on the formula we had previously discussed (55% county share; 45% total cities share; individual city shares based on percentage of 1994 total incorporated population). It should be noted that the amounts for each agency are proposed to be increased by $421.43 over the original cost estimates to make up for Pismo Beach's non-participation in the project. The total proposed share of the cost for your city is now $9,471.43. Taking into account the $4,050.00 already received by the county on July 10, 1995, that means the outstanding amount due from your city is $5,421.43. Please review the JPA and let me know if you have any questions or comments on it. If you have time to look it over before Friday's county/city planning directors meeting, we can discuss your comments then. Otherwise, feel free to call me anytime at 781-5982. After your review of the JPA is completed, and any needed revisions are made to it, please take the JPA to your city council for approval and return the signed and executed original to me. After all six participating cities have approved and returned the JPA, we will take it to the Board of Supervisors for final approval, hopefully sometime in late May or early June. The Board of Supervisors did approve the consultant contracts with Fugro West and Cal Poly yesterday so that the county's first year funding for the project could be encumbered and carried over into next fiscal year's budget. While some cities chose to pay their share of the costs early, 0000,18 COUNTY GOVERNMENT CENTER • SAN Luis OBISPO • CALIFORNIA 93408 (805) 781-5600 • FAx (805) 781-1242 OR 5624 those monies are being held in a county trust fund and they will not be expended until the JPA is approved and executed. However, we may use some of the county's available funding to have the consultants begin work in advance of the JPA's approval in order to get a head start on the project. If you anticipate any problems in having your city approvethe JPA and pay its remaining share of the costs, please let me know as soon as possible so we can evaluate the advisability of starting the work early using county funds. Thank you for your cooperation in this matter. We look forward to working with you and your city on this important project. Sincerely, Warren Hoag Principal Planner c: Alex Hinds jpatrans.saf 0000119 I REPORT TO CITY COUNCIL Meetings Date: 5/14/96 CITY OF ATASCADERO Agenda Item: n-9 Through: Andy Takata, City Manager From: Brad Whitty, Finance Director SUBJECT: Approving California Statewide Communities Development Authority 1.996 Tax and Revenue Anticipation Notes (TRANs). RECOMMENDATION: Staff recommends approving Resolution No. 36-96, authorizing the issuance of the FY 96-97 TRANs in an amount not-to-exceed $1,300,000. NOTE: Approval of this Resolution does not obligate the City toaccept the TRAN's if final pricing does not make the borrowing cost effective*** BACKGROUND: This is the fifth year that the City has pursued a TRANs for the purpose of leveling cash flows for the General Fund. Attached to this report is Staff calculations of estimates for they TRANs issue, the 1996 TRAN program timetable, the Local Agency Resolution, Certificate of the Local Agency and Purchase Agreement. Like the current year TRAN, this TRAN is being sought under;a Statewide pool. This is being done for several reasons. First, the costs associated with the issuance are less than the independent method. An example is the administration time needed to process documentation and the methodology used in the preparation. Another is the City's financial credit rating has been downgraded making it more difficult and costly to obtain an independent TRAN. Please note that there is no guarantee that the City will obtain a 96-97 TRANs. DISCUSSION: If the Council declines to pursue the TRANs or if the Bond Counsel declines our application for the TRAN, the City would have to rely on Wastewater and Sewer Facility funds to carry the General Fund until funds were received in December1996 and again in April 1997. The General Fund would have to borrow at the interest rate that the loaning fund(s)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. 000050 FISCAL IMPACT: Estimated income from TRAN issuance is around $8,000, possibly more. Additionally, expenditures are decreased through the administration processes and obligating other funds revenues which would otherwise be used to perform their functions. (i.e., maintenance&capital programs). 1995-96 TRANs Issuance Calculations 1) Estimated Maximum.Interest = 4.00% 2) Estimated Interest Earnings = 5.45% 3) Projected Interest Rate Spread = 1.45% Calculation of Interest Earnings 1.45%X$1,300,000=$18,850 Issuance Costs( Based on %of Par) Legal & Rating Fees $8,650 Credit enhancement 1.820 Estimated TRAN Costs $10,470 Estimated Net Earnings $ 8,380 a:96-97 TRANS r 000051 40V* 1-496 TRAN 1996 TRAN PROGRAM TIMETABLE one Activitv Dates Distribute Program Packets containing program No later than January 19, 1996 information, worksheets and document request form to local agencies. Earlybird Special (see bottom of page 2). No later than February 29, 1996 Interested local agencies submit audits and budgets No later than March 29, 1996 to Sutro and document request form to Orrick Herrington & Sutcliffe. Local agencies submit Program Worksheets to Sutro. No later than April 15, 1996 Local agency governing bodies approve participation No later than ro May 16, 1996 in the program by adopting and returning note resolutions and signature pages to Orrick, Herrington & Sutcliffe. Interest rate on notes set. Sutro distributes No later than June 14, 1996 Pricing Confirmations. Local agencies execute Pricing Confirmation and immediately No later than June 15, 1996 return documents to Sutro. (or one day after pricing) Note issue is closed and funds are made available to On or about July 2, 1996 participating local agencies. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 5 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 1996-1997 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 determined 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, 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, 1997 ("Fiscal Year 1996-1997") 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 1996-1997; 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 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, 1996 (the "Indenture"), by and between the Authority and U.S. Trust Company of California, N.A. (the "Trustee"), and sell each such Series to Morgan Stanley & Co. Inc., 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"); 01996, Orrick, Herrington &Sutcliffe. All rights reserved. LAI-174163.1 0000; 3 I 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 WHEREAS, pursuant to the Program, the Authority is submittingthis 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. Thepurchase price of the Note shallpurchase rice set forth in the pricing confirmation attached hereto as Exhibit A(the "Pricing Conformation"). 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 Pprchase 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 L41-121163.1 7 000054 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. LA1-124163.1 3 0000b5 (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 8. 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. lA1-124163.1 4 000056 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 Morgan Stanley & Co. Inc., , CA Attention: . Any notices to be given to the Authority under the Purchase Agreement shall be given in writing to the Authority, 1100 "K" Street, Suite 101, 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 Assignment. 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 valid, 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. LA1-124163.1 J 000057 I 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 L11-124163.1 6 000058 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: Repayment 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 LAI-124163.1 A-1 ` 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 1996 calendar year, including the Note, all other notes and bonds, and all tax-exempt leases, executed or delivered during the 1996 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 thei 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 L (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. L.A1-121163.1 A-1 000060 CERTIFICATE OF THE LOCAL AGENCY In connection with the California Communities Cash Flow Financing Program (the "Program"), the undersigned duly elected (or appointed) and qualified officers identified in and executing Section 4.8 hereof(the"Authorized Representatives")of the local agency identified in Section 4.8 hereof(the "Local Agency"), acting for and on behalf of the Local Agency, hereby certify, as of 11 1996 (the "Closing Date"), as follows with respect to the 1996-1997 Tax and Revenue Anticipation Note (the "Note") issued by the Local Agency: L CERTIFICATIONS REGARDING CERTAIN LOCAL AGENCY MATTERS 1.1 At all times mentioned herein, the Local Agency is a duly organized, validly existing and operating local agency(as defined in Section 53850 of the California Government Code), under the laws of the State of California (the "State"). 1.2. The undersigned Authorized Representatives, under the resolution(the "Resolution") adopted by the legislative body of the Local Agency(the "Legislative Body")authorizing the borrowing of funds for Fiscal Year 1996-1997, are duly authorized to make this certification for and on behalf of the Local Agency pursuant to the Resolution. 1.3 Attached hereto as Exhibit A is a true, correct and complete copy of the Resolution, duly adopted by the Local Agency after an agenda of the meeting of the Legislative Body at which such Resolution was adopted was posted at least 72 hours before said meeting, at a location freely accessible to members of the public, and all of the members of the Legislative Body had due notice of said meeting and a quorum thereof were present at said meeting. The Local Agency has previously provided the California Statewide Communities Development Authority (the "Authority") with a true, accurate and complete copy of the Resolution. 1.4 The Resolution has not been amended or revoked and is in full force and effect on the date hereof, and there is no proceeding of the Legislative Body in conflict with or in any way altering the Resolution. 1.5 The information contained in the Credit Questionnaire (including the Cashflow Worksheet therein) (the "Credit Questionnaire") completed by the Local Agency and submitted to the Authority and Sutro & Co. Incorporated as financial advisor (the "Financial Advisor") in connection with the Program, was at the time submitted and is on the date of this Certificate true and accurate. 1.6 The Local Agency does not have a negative cash balance at the beginning of Fiscal Year 1996-1997 in its general fund. 1.7 The Local Agency has authorized or acknowledged, by all necessary action, the execution, delivery, receipt and due performance of the Resolution, the Note, the Purchase Agreement by and between the Authority and the Local Agency (severally and not jointly with other local agencies), including the Pricing Confirmation Supplement attached thereto(the "Purchase Agreement"), the Indenture, dated as of July 1, 1996 (the "Indenture"), by and between U.S. Trust Company of California, N.A. (the "Trustee") and the Authority, pertaining to the issuance of the California Statewide Communities Development Authority 1996 Local Agency Tax and Revenue Anticipation Bonds, Series A (the "Bonds"), and any and all other agreements and documents (the "Other Agreements") as may be required to be executed, delivered and received by the Local Agency or the LAI-124233.1 000061 i Authority in order to carry out, give effect to and consummate the transactions contemplated by the Resolution. The Resolution, the Note, the Indenture, the Purchase Agreement, and the Other Agreements are collectively referred to herein as the "Documents." 1.8 None of the Documents applicable to the Local Agency have been amended, modified or rescinded by the Local Agency and each of such Documents is in full force ,and effect on the date hereof. 1.9 The representations and warranties of the Local Agency set fbrth in the applicable Documents were on the date made and are on the date hereof true and accurate as though made on and as of the date hereof. 1.10 The Purchase Agreement and the Note of the Local Agency have been duly executed and delivered by the duly authorized officers of the Local Agency, and the Note and the Purchase Agreement, when executed and delivered by the other parties thereto (where necessary) and the obligations of the Local Agency under the Indenture 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, 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 public entities in the State. 1.11 The Local Agency has complied with all provisions of applicable law in connection with the adoption of the Resolution and the transactions contemplated under the Resolution and the documents approved thereby. 1.12 The execution, delivery and performance by the Local Agency of the Note and the Purchase Agreement and the execution delivery and performance by the Authority of the Indenture and the Bonds and, in each case the borrowing thereunder or in connection therewith (and the application of the proceeds thereof) have been duly authorized or acknowledged by all necessary action on the part of the Local Agency. 1.13 The Local Agency has full power and authority to acknowledge the Authority's execution and delivery of the Indenture. The execution and delivery by the Authority of the Indenture (and the Local Agency's obligations thereunder) (i) do not and will not contravene the laws of the State providing for the organization and government of the Local Agency and(ii) do not and will not conflict with, or result in the violation of, any applicable law. 1.14 The Local Agency covenants that upon receipt from the Trustee of a request to confirm that amounts constituting such Local Agency's repayment obligation described in Section 8 of the Resolution have been transferred to and set aside in the Payment Account(as defined in the Resolution), the Local Agency shall within five(5) Business Days (as defined in the Indenture)after the date of such request, confirm such transfer to the Trustee by submitting the Payment Account Deposit Certification in the form set forth in Exhibit C of the Indenture. 1.15 If prior to the Closing Date the Local Agency should have any';,reason to believe that any of the representations or certifications contained herein or in the Documents are not true and correct, the Local Agency covenants that it will notify Orrick, Herrington & Sutcliffe, ("Bond Counsel"). LA1-124233.1 '? Utl006/�f�y�j� ", II. CERTIFICATIONS REGARDING TAX MATTERS 2.1 The Local Agency shall not take any actions (or fail to take any actions) that would cause interest on the Bonds to be included in gross income for federal income tax purposes. Without limiting the generality of the foregoing, the Local Agency: a) shall not allow the use of any proceeds of the Note to be used in the trade or business of any nongovernmental person; b) shall not loan any proceeds of the Note to any nongovernmental person; c) shall take no actions that would cause the Bonds to be treated as "federally guaranteed," within the meaning of Section 149(b) of the Internal Revenue Code of 1986 (the "Code"); d) shall not use any proceeds of the Note to repay any principal or interest of any outstanding tax-exempt obligation of the Local Agency apart from interest that accrues during a one-year period commencing July _, 1996; and e) shall take no actions that would cause the Bonds to be treated as "arbitrage bonds," within the meaning of section 148 of the Code. III. CERTIFICATIONS REGARDING ARBITRAGE AND REBATE The following are the certifications,and the reasonable expectations of the Local Agency,stated pursuant to Treasury Regulations Section 1.148-2(b), relating to the use and investment of the proceeds of the Note: 3.1 The Note is being issued in anticipation of taxes or other revenues and will be spent to pay lawful expenses of the Local Agency payable from its general fund. 3.2 Based upon the Local Agency's cashflow projections which are set forth in Appendix E of the Official Statement relating to the Bonds (the "Cashflow Projections"), the Local Agency expects to allocate the proceeds of the Note to working capital expenditures within 13 months after July 1996, using the methodology described in the next section. 3.3 Proceeds of the Note will be allocated to working capital expenditures of the Local Agency on any date that the Local Agency's working capital expenditures exceed the Local Agency's "available amounts." "Available amounts" include any cash, investments, or other amounts held in any fund or account by the Local Agency that is available for the Local Agency to use for working capital expenditures without legislative or judicial action and without a legislative, judicial, or contractual requirement that those amounts be reimbursed. "Available amounts" do not include proceeds of the Notes or amounts held in a reasonable working capital reserve that is limited to either ten percent(10%) of the amount of the Note or the lesser of either(i) five percent(5%) of the Local Agency expenditures paid out of current revenues during Fiscal Year 1995-1996 or(ii)the amount that the Local Agency has historically and customarily maintained as a working capital reserve. 3.4 The funds and accounts maintained by or for the benefit of the Local Agency that are considered available for payment of the Local Agency's expenditures have been described in the Credit LAI-124233.1 3 UUUU�;3 Questionnaire, and their cash balances as of the date of issue have been taken into account in the Cashflow Projections. 3.5 In preparing its cash flow analysis for Fiscal Year 1996-1997, the Local Agency has reviewed its Fiscal Year 1995-1996 cash flows and has, where applicable, compared the Fiscal Year 1995-1996 actual cash flows with the Fiscal Year 1995-1996 cash flows projected just before the beginning of Fiscal Year 1995-1996. Taking this information into account and such other information as is available to the Local Agency, the Local Agency believes that the projected Cash flow analysis for Fiscal Year 1996-1997 is reasonable and is based on reasonable assumptions. 3.6 All of the proceeds of the Note, together with earnings thereon, less amounts allocable to the Local Agency's costs of issuance set forth in the Purchase Agreement, will be deposited into the Proceeds Fund established under the Indenture. 3.7 The Note will be repaid from the general funds of the Local Agency received after all Note Proceeds are spent as described above. The moneys to be so used will be separately accounted for until used to repay the Note. 3.8 If the Local Agency is unable to make the certification set forth in Paragraph Number 11 of the Pricing Confirmation Supplement, then the Agency hereby makes the following certifications: All of the proceeds of the Note, together with earnings thereon, will be deposited into the Local Agency's General Fund (the "General Fund") or a special fund created solely to hold proceeds of the Note (the "Special Note Fund"). Note proceeds, together with earnings thereon, so deposited may be withdrawn and expended by the Local Agency on any given day during Fiscal Year 1996-1997 for any purpose for which the Local Agency is authorized to expend funds from its General Fund, but only after exhausting all funds that are available amounts as of such given day, and for purposes of this requirement, available amounts excludes amounts that are held or set aside in a reasonable working capital reserve that is limited to either ten percent (10%) of the amount of the Note or the lesser of either(i) five percent(5%)of the Local Agency expenditures paid out of current avenues during Fiscal Year 1995-1996 or (ii) the amount that the Local Agency has historically and customarily maintained as a working capital reserve; provided, that if on the date that is five (5) months from the date of issuance of the Note or on any date thereafter, it appears that all remaining amounts in the Special Note Fund (or, if appropriate, all remaining proceeds of the Note, including earnings thereon, held in the General Fund) will not have been so withdrawn and spent by the date that is six (6) months from the date of issuance of the Note, the Local Agency shall promptly notify Bond Counsel and, to the extent of its power and authority, comply with the instructions from Bond Counsel as to the means of satisfying the rebate requirements of Section 148 of the Code. The working capital reserve shall be funded with any revenues of the Local Agency's General Fund but will not be funded with proceeds of the Note. The working capital reserve will be tracked and administered as a separate account or subaccount within the General Fund. On the basis of the facts, estimates and circumstances in existence on the date of delivery, it is not expected that the proceeds of the Note will be used in a manner that would cause the Note to be an issue of arbitrage bonds within the meaning of Section 148 of the Code. 3.9 To the best knowledge and belief of the undersigned,there are no other facts, estimates, or circumstances which would materially change the foregoing statements,' and the foregoing expectations are reasonable. LA1-124233.1 4 000064 3.10 The Local Agency understands that Bond Counsel will rely upon this Certificate in giving its opinion that interest on the Bonds is excluded from federal gross income. IV. REQUEST TO AUTHORITY AND TRUSTEE, CERTIFICATIONS RELATING THERETO AND SIGNATURE CERTIFICATIONS OF THE LOCAL AGENCY 4.1 The Trustee is hereby requested and authorized to authenticate and deliver the 1996-1997 Tax and Revenue Anticipation Note of the Local Agency upon receipt of the purchase price thereof. The Trustee is also hereby requested and authorized to authenticate and deliver the Bonds upon receipt thereof from the Authority. 4.2 It is hereby acknowledged that the Authority is authorized to issue the Bonds, upon receipt of the purchase price of the Note of the Local Agency together with the aggregate purchase price of all other notes of the other Local Agencies participating in the Program and whose notes will be pooled with the Local Agency's Note in connection with the issuance of the Bonds. 4.3 The Trustee is hereby directed to deposit the proceeds of the Note in the amounts as set forth in the Pricing Confirmation Supplement into the Costs of Issuance Fund and in the Proceeds Fund. 4.4 Upon the deposit of proceeds as set forth in Section 4.3 hereof, the Trustee is requested and authorized to pay, from amounts held for the benefit of the Local Agency in the Proceeds Account within the Proceeds Fund, the amounts on deposit in such Proceeds Account, as indicated in Schedule I of the Pricing Confirmation Supplement to the Purchase Agreement, to the Local Agency by [wire/check (circle one)]. If the Local Agency is to receive such amounts by wire, payment is requested to be received by the financial institution as indicated in Section 4.7 hereof. 4.5 The amount requisitioned hereby will be applied to a purpose for which the Local Agency is authorized to use and expend funds from the general fund of the Local Agency and pending such application will be invested in investments which are legal for the investment of funds of the Local Agency. 4.6 As of the.date hereof, no event has occurred and is continuing which constitutes an Event of Default under the Resolution or would constitute an Event of Default but for the requirement that notice be given, or time elapse, or both. LA1-124233.1 5 000OG5 4.7' Payments made to the Local Agency by wire transfer, if requested by the Local Agency pursuant to Section 4.4 hereof, will be received on behalf of the Local Agency by the following financial institution: Name and Address of Bank: MID-STATE BANK 6950 EL CAMINO REAL ATASCADERO, CA 93422 Name of Contact Person at Bank: DARLENE JULIAN ABA Routing No.: 122221686 Account No. 02042215-02 4.8" The following named persons are duly elected (or appointed), qualified and acting officers of the Local Agency presently holding the offices set forth opposite their respective names below and by execution hereof each certifies that the signatures of the other officer or officers hereto are the genuine signatures of such officer or officers (signatures of the officers executing the Note, the Purchase Agreement and the Amended and Restated Joint Exercise of Powers Agreement relating to the Authority (if applicable) must appear below): AUTHORIZED REPRESENTATIVES OF CITY OF ATASCADERO: NAME TITLE SIGNATURE GEORGE HIGHLAND Mayor ANDREW TAKATA City Manger BRADFORD WHITTY Finance Director RUDY HERNANDEZ City Treasurer Please complete the relevant information relating to the Local Agency's financial institution if the Local Agency has requested payment by wire transfer pursuant to Section 4.4 hereof. Please complete the following items of information, including the name of the Local Agency's Authorized Representatives and the signatures of such Authorized Representatives. LA1-124233.1 6 0 0064; CITY OF ATASCADERO LOCAL AGENCY RESOLUTION NUMBER 3 6-9 6 RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1996-1997; THE ISSUANCE AND SALE OF A 1996-1997 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, Part 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 Amount"), 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 1996-1997"); 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 1996-1997 and available for the payment of the principal of the Note and the interest thereon; WHEREAS, 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 1996-1997; WHEREAS, pursuant to Section 53856 of the Act,certain moneys which will be received by the Local Agency during and attributable to Fiscal Year 1996-1997 can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided); Copyright, 1996, Orrick, Herrington&Sutcliffe. All rights reserved. LAI-124236.1 0 00 OV 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 financial advisor for the Program (the "Financial Advisor"), 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 fiorm of Indenture, type of Credit Instrument and corresponding Credit Agreement and type of Reserve 'Credit Instrument and LAI-124236.1 2 000068 corresponding Reserve Credit Agreement, if any, to be determined and approved by delivery of the Pricing Confirmation; 0 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; NOW, THEREFORE, the Legislative Body hereby finds, determines, declares and resolves as follows: 0 Section 1. Recitals. This Legislative Body hereby finds and determines that all the above recitals are true and correct. Section 2. Authorization of Issuance. 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 1996-1997, by the issuance of a note in the Principal Amount under Sections 53850 et M. of the Act, designated the Local Agency's "1996-1997 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 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 LAI-124236.1 3 000069 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 1996-1997, 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; Delegation. 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 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 the 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 not 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. LAI-124236.1 4 0000,70 0 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 is 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 Financial Advisor or the underwriter with such information relating to the Local Agency as the Financial Advisor or 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 Financial Advisor and 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 (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 LAI-124236.1 5 000071 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 Prodefault 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 conjunction 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 to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's Proceeds Subaccount. Section 8. 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 1996-1997 and which are available for payment thereof. As security for the payment of the principal of and interest:on the Note, the Local LAI-124236.1 6 00001/ 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 1996-1997, 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 1996-1997 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 first lien and charge on such certain unrestricted revenues as hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year 1996-1997. 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 "1996-1997 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 principal of the Note and the interest thereon. Notwithstanding 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 account 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 1996-1997) 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 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. rr,1 l/'�ry LAI-124236.1 7 0s L L V V `3 (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 shall 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 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 depositin 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, LAI-124236.1 8 0000t711 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 Agency. 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. (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 1996-1997 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 1996-1997, (ii) provide to the Trustee, the Credit Provider, if any, the Reserve Credit Provider, if any, and the Financial Advisor 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 LAI-124236.1 9 0000'75 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 1996-1997, 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 Financial Advisor and 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 Financial Advisor, 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. (I) 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 the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note. (L) The Local Agency shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder. (M) 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 LAI-124236.1 10 `(llf�0�q7 QV�V V !'l7 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. (N) 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 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 1996, 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)(B) 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. 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 LAI-124236.1 1 000077 (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 bankrupt or 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 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 LAI-124236.1 12 0000",8 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 obligation 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. Intentionallv Left Blank. This section has been included to preserve the sequence of section numbers for cross-referencing purposes. 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. LAI-124236.1 13 Q 00 0*7 9 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 party 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; (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 LAI-124236.1 14 o o 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 the 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-124236.1 15 000081 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. The Local Agency acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to Local Agency in this or some other matter. Given the special, limited role of Bond Counsel described above the Local Agency acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships. Section 23. Appointment of Financial Advisor and UndenEjter. Sutro & Co. Incorporated, Los Angeles, California is hereby appointed as financial advisor for the Program. Morgan Stanley& Co. Inc., 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 On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 6 000081 ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000083 17 EXHIBIT A [NAME OF LOCAL AGENCY) 1996-1997 TAX AND REVENUE 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 debits, 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, 1996 (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 1996-1997 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 1996-1997) 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). LA1-124236.1 A-1 000084 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 may 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: LAI-124236.1 A-2 000085 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 Through: Andrew J. Takata Meeting Date: 05/14/96 City Manager File Number: TPM 95001 Via: Steven L. Decamp, City Planner From: fDoug Davidson, Senior Planner SUBJECT: Appeal filed by Roberta Lindsay (Wilson Surveys) of Planning Com- mission' s recommendation that City Council deny Tentative Parcel Map #95001. The request is to divide two (2) lots of 7 .50 and 10.42 acres into three parcels of 5.60, 5.96, and5 . 96 acres each for single family residential use. Subject site is located at 11750 San Marcos Road. RECOMMENDATION: • 1. Deny Tentative Parcel Map #95001 in accordance with the Findings contained in the Planning Commission and staff recommendation. BACKGROUND: The Planning Commission conducted a public hearing on the above- referenced tentative parcel map request on January 16, 1996, which was continued to the Commission' s regular meeting of March 5, 1996. After much discussion and public comment (see attached Minutes Excerpts) , the Planning Commission recommended denial of TPM 95001 based on staff' s recommendation and the reasons and Findings for Denial contained in the attached Planning Commission staff reports, dated January 16, 1996 and March 5, 1996. DD:ph Attachments : Planning Commission Staff Report - January 16, 1996 Planning Commission Staff Report - March 5, 1996 Minutes Excerpts - March 5, 1996 Letter of Appeal - March 13, 1996 CITY OF ATASCADERO Item: B . 3 STAFF REPORT FOR: Planning Commission Meeting Date: January 16, 1996 BY:,r,��\poug Davidson, Senior Planner File No: TPM #95001 SUBJECT: Consideration of a tentative parcel map application to divide two lots of 7.50 and 10.42 acres into three parcels of 5,60, 5.96, and 5.96 acres each for single family residential use. RECOMMENDATION• Staff recommends that Tentative Parcel Map #95001 be denied based on the Findings for Denial contained in Attachment G. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Roberta Lindsay 2. Representative. . . . . . . . . . . . . . . . . . . . . . . . . . .Wilson Surveys 3. Project Address. . . . . . . . . . . . . . . . . . . 11750 San Marcos Road 4. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.92 acres 6 . Zoning. . . . . . . . . . . . . . . . . . . . . . . .RS , (Residential Suburban) 7. General Plan Designation. . . . . . . . . . .Suburban Residential 8. Existing Use. . . . . . . . . . . . . . . . . . . .Single Family Residence B. ANALYSIS: The present configuration of the subject property is two lots; a 7.50 acre lot with an existing single family residence and a vacant 10.42 acre lot. The proposal is to subdivide the two lots into three parcels of 5.60, 5.96, and 5.96 acres each. In effect this is basically a proposed subdivision of the 10.42 acre lot into two - the parcel with the existing home is included to gain the additional area in order to obtain the minimum lot size. The right-of-way for a portion of San Cayetano currently divides the two existing parcels at centerline - this right-of way is proposed for abandonment as part of the subdivision application. The following analysis will examine the parcel map in light of the City' s Land Use/Open Space Plan and Subdivision Ordinance, as well as the site' s physical characteristics. 1 000087 Land Use/Open Space Plan Policies The Land Use Element of the General Plan sets forth the policies for appropriate lot sizes in the suburban residential area on page II-10. (These policies are mirrored in Subdivision Consistency on Page II-37. ) Five of these factors are embodied in the Zoning Ordinance performance standards as calculated below under the site characteristic part of this report. Other factors, such as the existence of a natural building site, availability of services, and response time for emergency services, also need to be taken into account. Preference is given to creating new parcels when they can be served by conventional septic systems - lots which require extraordinary systems, such as E.T.I. systems will not be created. Also, new lots in excess of 30% average slope are not permitted unless a "building envelope" of 20% or less exists, or the lot offers public dedications of direct benefit to the City. During the Land Use Update hearings there was a proposal to prohibit further lot splits in areas beyond a certain response time until a new fire station in the northwest quadrant was constructed. Although a defined response time, for additional subdivisions was not established, the language above shows that emergency response is still an issue to consider in evaluating parcel maps. In this case, the subject site is located in the area of the City with the longest Fire Department response time - more than 9 minutes. This fact, along with the steep and windy access to the new building sites, questions the wisdom of creating new lots in the far western part of the City. The Land Use Element desc.ibes "building envelope" as, "the building footprint, access drives, leachfield, etc. As the applicant' s engineer has defined, each site has a "building envelope" of less than 20 percent ( 19%) . In this case, Community Development Department staff has agreed with this determination of "building envelope" under the former Director' s interpretation. Under this determination, the "building envelope" is defined as the building site, leachfield areas, and each site' s individual driveway. The common driveway for the two new residences coming off the existing driveway is not included. Given the language cited, "access drives" could be interpreted to include the complete access driveways necessary to 'serve the new lots. If this broader interpretation of including ,the common drive in the "building envelope" is used, the "envelope" exceeds 20%. Several Open Space Plan policies on page II-31 relate to land division: "Lot splits shall be thoroughly evaluated and be in accordance with community plans and principles in order to retain the desired character of the community." 2 000088 "Attention shall be paid to the esthetic result of land division. Building sites shall be encouraged on natural slopes, with minimum disruption of native vegetation and watersheds by thoughtful placement of building site, private sewage disposal system, and access. Building designs inappropriate for hillside locations shall not be approved. " "Tree-covered hills shall be preserved to retain the distinctive scenic quality of the community. " It is staff ' s opinion that this subdivision and the substantial grading and tree removal associated with the access is not in compliance with these policies. Subdivision Ordinance The fundamental requirement for lot design is contained in Subdivision Ordinance section 11-8.201. It reads that, "the design of lots should be based on intended use, topography, and access requirements. Lots which are impractical for intended uses due to terrain, location, of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. " This requirement carries out the policies of the General Plan cited above. The application proposes the abandonment of the San Cayetano Road right-of-way within the project boundaries. Besides the questions the abandonment itself raises, proposed Parcels #2 and 3, upon abandonment of this Colony right-of-way, become flag lots. Since the proposal to abandon the right-of-way is a part of the application it seems justified to review the subdivision in its proposed ultimate form as flag lots. Flag Lot Standards In order to approve a flag lot subdivision, the Planning Commission must find that: (1) the subdivision is consistent with the immediate neighborhood; (2) the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) the flag lot is justified by topographical conditions. If these Findings can be made (Subdivision Ordinance Section 11-8.209) , then this section goes on to list the flag lot standards. The proposed subdivision is not in compliance with two of these standards. First, the accessway is included in the lot areas. Secondly, the accessway is not owned in fee by the lot farthest from the street. Flag lots can be an appropriate lot design in some instances, especially closer to the center of town where building sites are generally level and easily accessible. In the steep slopes and oal woodland of western Atascadero, however, they may not be so 3 000089 desirable. In this case, a flag lot design would not be consistent with the immediate neighborhood - as Attachment A (or B) shows, there is only one other such example in the vicinity. As far as the second Finding, staff will agree that the construction of San Cayetano in its recorded right-of-way would involve excessive earthwork, tree removal, etc. As proposed, the access to Parcels 2 and 3 necessitates substantial grading and the removal of 20 mature oak trees. Thus, staff can not recommend that the subdivision is justified by topographical conditions. Staff has earlier expressed its feeling that ownership of the access by the rear most lot is a questionable standard. The applicant has prepared an alternative (Attachment F) showing the irregular lot lines which result if Parcel 3 owns the accessway. Secondly, the lot size areas include the accessway. The lot lines could possibly be adjusted to subtract this area and still meet the minimum lot size of 5.60 acres - this has not been calculated. Unless the Findings are affirmed, however, adherence to these flag lot standards is a moot point. Site Characteristics According to Zoning Ordinance Section 9-3. 144, the minimum lot size in the RS zone is based in part on the sum of five performance factors. In the subject property this is calculated as follows: Distance from center (16,000-18, 000) . . . . . . . . . . . . . . . . . . . . . . . Septic Suitability (severe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 Average slope (36-40%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. 00 Access Condition (paved road <15%) . . . . . . . . . . . . . . . . . . . . . . . . 0.40 Neighborhood Character (5.50 acres) . . . . . . . . . . . . . . . . . . . . . . . . . 1. 10 Minimum Lot Size. . . . . . . . . . . . .5.60 The proposed lot sizes of 5.60. 5.96. and 5.96 acres meet the RS zone criteria for lot size. (If the driveway accessway is subtracted from the lot area, however, as required 'above for flag lots, the minimum lot size might not be satisfied without an exception to this standard) . More important than lot size is the physical suitability of the site for an additional residence. The existing vacant parcel is characterized by steep slopes, unstable, loose soils, and native oak trees. The difficulty in developing such properties was made clear in the Precise Plan review and subsequent construction of the existingresidence at 11750 San Marcos Road. This parcel could not be developed without a substantial amount of site disturbance and tree removal. This is sometimes an inherent situation when developing existing Colony lots. To knowingly create a new parcel with these constraints, however, is not good land use planning. 4 000090 Hence, a question arises in looking at the development of the existing undeveloped parcel. If the long access drive from 11750 must be constructed anyway, to serve one or two parcels, then maybe the subdivision is acceptable, for there are two building sites once access is gained to them. This is not the case in order to develop the 10+ acre parcel, for there is an alternate access to the building site(s) . The applicant owns adjacent Lot 3 which is proposed to contain a portion of the driveway and access easement as it loops down toward the proposed building sites. Instead of running roughly parallel to San Marcos from the existing driveway, direct access can be provided from San Marcos to the undeveloped parcel through an easement over Lot 3. Indeed, from the Lot 3 perspective, the relative ease of developing the vacant parcel is apparent. By viewing the knoll on proposed Parcel 3 from the San Marcos Road frontage of existing Lot 3, it can be seen that no tree removal and much less earthwork for the driveway is necessary than for the proposed access. San Cayetano Road Right-of-Way Abandonment Since staff is recommending denial of the parcel map, the implications of abandoning San Cayetano Road have not been addressed. Given the terrain of the right-of-way and the existing lots with no other access than San Cayetano, this issue will demand attention at some point in the future. C. CONCLUSIONS• With over a nine minute response time, the subject site is in a location where only under the best of circumstances should additional parcels be created. A proper "building envelope" in light of the Land Use Element can only be obtained through a confined interpretation of this term. As demonstrated by the findings and standards of the Subdivision Ordinance for flag lots, the site or its surrounding area are not conducive for flag lots. Lastly, the substantial grading and tree removal associated with the common access drive is not justified in light of the City' s land use goal of retaining the natural hillside character of the community. ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (Zoning) Attachment C -- Tentative Parcel Map Attachment D -- Driveway Grading Plan (Sheet 1) Attachment E -- Driveway Grading Plan (Sheet 2 ) Attachment F -- Subdivision Alternative Attachment G -- Findings for Denial 5 000091 ATTACHMENT A CITY O F _- ATASCADERO ZONING MAP leis, Ila TPM 95001 C`� COMMUNITY DEVELOPMENT DEPARTMENT -- 1 R S 400.4 g040 / GA \ 10 / ZOAD 1 �.4 1 , 00 CL R S O� I 'tet �c r —"r— I UUVU9ti ATTACHMENT B CITY OF ATASCADERO LAND USE MAP sit, - 1 1070-7 TPM 95001 ` COMMUNITY DEVELOPMENT DEPARTMENT . 1 d YZ ' 6 f LVC/A VO 9p4 �4L 11040 0 s u I� 4� iPpPO/ \\// \\ `Gpy� \ \\ /-FELIPE� �pRG S apAp Std %I O �I OQ ' Ppl O 000093 �/ ATTACHMENT C CITY OF A1t�SCA TENT. PARCEL MAP DERO 7-lei/r1Q TPM 95001 COMMUNITY DEVELOPMENT DEPARTMENT TENTAnVE PARCEL MAP AT 04-136 Owwc scux a<AIAWA0O10 oDiaolY CITY OF ATASCAM" . ,f 0�ff 0/SAM YM OSWC16 STAR OF W/d"111A 1 UT 1 ar S KCOIBOI Int SCAR 1•-< 1 r Tell 1 !RaJCSlm IT" nt B-aeon 11"k.r • _ COMA L IMSAY zp.-, 1 r la ,1.rY r flTfr r rN.' 1 j tA.ra'Iv •.W.r RIRCL 1 r A,At wTT �7 1 Y1 M Tr1 pRr W-MT-NH •.TTYI/ YAN:WaI Y W-.w-IM Ia( • • BY1 KIIPLNQ FOR BOU ARY fUBKR 70 AS Sa LOT It BOUNDARY LRCS ARE BASED ON MOM DA 1UNYYOM ROKNIA LINDSAY . ATA SA RCAD 11750 SAM w[RO•R W SS 1730 nw R1Dacc 13 n .. ao6 ___•i' Tfsrp r rlm r erw Iw wi ` �' •-No' ... 1 `..-► f.Irr w rfor 1..rn 1 / 1-irTT 'A.w'1I•r AT Ifa .�-/ l-rY I 1 -w..._�•. 101 I PARCEL 3 aea mss' ONAM N.r �..�•.i.. STATEMENT 1--1 afal r 1-df� I RR1Y AMY FOR MS ArrROVAt Or ON" Or RK►KMTY POW ON MS TINTAD.c NA►AND STAR MAT 1 W K OW"ar OR,Nr AUB1DmaD ACCNI Or SAO OT11ol AND MAI 1110 WORNATNN wim—Vt MY AaRr 1 7/10x1 NrlIt01'tll=9 AND CORRCI 10 TK KSI Cr YY RI=EDOL lot T DATED •AMA A 0—ilO MO O NDrLINY pw,I10 bl f6i III r t.■I4 N r KKT l0l w MWt r IPY ADNI 000094 ATTACHMENT D CITY OF AT—ASCADERO DRIVEWAY PLAN (SHEET 1 ; 7'. `�'Ila — r �_�•� TPM 95001 - ' COMMUNITY DEVELOPMENT DEPARTMENT left fall 'k ' •r �`,r �iii�I+i� i , , ' fir"� � 1 �i rrrrrwrr` _,_'\.,``•:t,' � ♦�1w.11t l t f f�� '� \..�tl �*�i �� `� ; � ,♦�`♦�`♦, ,� ^�. �Et IE110W1L L0T!�O�IIYMY '�It ��i'11111�` i ' �� •a1 b f f l i' t� ` �`�1\♦ \ MJWOI •N w ` ',� i in \ 1 0, 4%' � `Iil t 1� r•�•s ` 1 �, 11� "•''`\. • r rw.aw `� X1111 �`�i ' i aky•/y' _I l `'r'1 ♦\ V , \1��•\�`' • w ww - t ' 111' .� ' � ' \ \�'-( '��111 • r ,>� �.� �;'�, .• s;;��\ \� �ssls 1 i 111'1 � l r w ^•Y i • w w_w �♦ 1 v _ _ 1 1'1U •:� 1st•\ �♦,1 ;tile ' rr1.1: \, • ♦,, ♦!� �;, i • r ��'w w � •� - Il�i�l < , ♦,' �ll t 1 I�t t��IYYY""`` _..•r�s �� \ \'��♦ ` \ � ``, r v ,r YII '` �•�•• `\.�, �,�, ',� •��1 �:�� 111 f •�♦ \ \,�,.`��;.\;; r'.'�o:r ; � r r •r r r ._ t � ♦�� v� 4V � Ot1�M Olaf ' ,''�� `7•` �`� •\S :�\;N%,%mum •x�,\`\\ - v IM— TtlbL O�\E71T oObl "&r�•�.r.'."'..'�'`.�«.r r''- ♦�;: `� r vu IN REVISED 10-24-S3 4000 WW TG=11M FARM IwAT 9"31 1. ,, .Ma.mYMMAN •�rcw.s WT 2M Tlld 000095 ATTACHMENT E CADERO CITY OF ATAS DRIVEWAY PLAN (SHEET 2) TPM 95001 'sc..nE,t�• COMMUNITY DEVELOPMENT DEPARTMENT lie • �+--i — —''i'`� Iola esa�eewr o�naw rsAN N -11h '. _ ':'�: — .� ��.\ t•A�s. �arw AIO eso e>tiar[� \\ .�`'`\, \ �. iii:.. 1�\ `�\ � `\ '\►. �` ..,.....�...�................. ..,.a 1 I1 1 119 � ,, ` ,, ✓\\ \, \',;` \`. � ,//� i/:';'/ ice' ��_ V. �:� '�`.�.' !j 1�'1• i !i! /t�f��'!,!i i i i i,' � REMSM 10-24-95 1amwta PAPM W% `\ \ . ', ,' AT"-t78 el -AV !l%1 !�I%/j/%%--i:/j/.�/i//�%'%i�:�.�/�i;'%„%!i/ ;�°�;'-"� -•s>~ ass �i 1 J�./i / --• ice,j!/. ./ .i�! ./,`%i�/�' /// 7JG .�L .. 000096 ATTACHMENT F CITY OF ATASCADERO SUBDIVISION ALTERNATIVE TPM 95001 COMMUNITY DEVELOPMENT DEPARTMENT D E5 I6 t A L 7 RSA ri t/E' , uNTAnvE PARC-MA AT 94-1* GRAPHIC SCALE 1% eaw0 awslat arca 2 AtK L - IAT if Btaac SB a ATASGID[110 attar OTT OF ATASCADEA0 ' 1 , rtffRf @-W4 C(XWTY OF SMI URS OwSPO,STAT[OF CM.�an SNRT 1 OF 3 OECFYBER 1004 t w Tm9 - 1� 1 AS R[OUESIED Btl AlE `A-w IL ` ` ROBERTA LINDSAY °RO ftw CIO W.Ir w1e0' fNYA t w Ana*9-mA.' i ► t (� /.xn• ♦ 1 T ,1 in" j{ / _ 1 nwt to lawl wt-M-M.F e. •w' AtrAerAa u DIEL.p-rna'�r'. L�NW I •`�/ �y 1 / 1A/ j 1 RERREnCE Fal BOUNDARY SURVEY. 70 R LAT if BOLMMY LNES ME BASED ON i S11 MMDER:ROBERT/1 lN/DSAY - 11730 SAN NARCOS OAD ATASCAOERO.CA 13422 DRU%&AND TR xdt+mec-nrRount+our Slid ` is" mr=!om j PARCELI ��;A \� -------PARCEL 2 .j olTwc RcslxNct \ 1,\ \ ACRES3�` lS.eO ACR6`� I NworY w As it ti w:MY a.uA,r T. is w.fwF -U1.a ` I \ l` \` -------- PARCEL 3 � � w.•F ill ACRES—, \, \ OWNERS STATEMENT 1 fRREAL ADVLY►OR 40 AKROVK Cr A"V` e-4" ST RK AT I A 1 SNOW/a MO 1E AU T1 NN Mq _ t-1000 STALE THAT 1 AY SIE ORNER a OR CI AVM TM AGENT OF SLID 1,MR,AND THAT M IWORMTO THE RES nlnoae ON t Aw r AORff SHORN NLMa b TRU(MO COwKCt TO M REST W MY ) •ro M>^tAR'AM RMWIDOE. / tet a DATED / Dorno ter fvn ��' i ter w �- /0114 f•telt 1-f ROOt N 1.10 1081 ' �� Wr A fLOA N tAn•Olt/ � 00097 ATTACHMENT G - Findings for Denial Tentative Parcel Map #95001 11750 San Marcos Road (Lindsay/Wilson Surveys) January 16,1996 MAP FINDINGS: 1. The proposed subdivision is not consistent with applicable General and Specific Pians. 2. The design and/or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. The site is not physically suitable for the type of development proposed. 4. The site is not physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, could cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, could conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision. FLAG LOT FINDINGS: 1. The subdivision is not consistent with the character of the immediate neighborhood. 2. The creation of flag lots is not justified by topographical conditions. 3. Granting an exception to the flag lot standards is not in accord with the intent and purposes of these regulations, and is not consistent with the General Plan, with all specific plans, and with the intent and purposes of these regulations. 000098 M E M O R A N D U M DATE: March 5, 1996 TO: Planning Commission FROM: Doug Davidson, Senior Planner SUBJECT: Continued Hearing- Tentative Parcel Map 95001 11750 San Marcos Road (Lindsey/Wilson Surveys) RECOMMENDATION: Staff recommends denial of Tentative Parcel Map 95001 for the reasons and Findings as contained in the January 16, 1996 staff report. UPDATE: Since this matter was continued at the January 16, 1996 meeting, the project engineer has submitted two alternate access plans (see attachments) . These plans were prepared in response to the staff' s position that better access to the proposed building site (s) could be obtained off of San Marcos through the adjacent Lot 3. The attached alternative alignments confirms this. This is not to say that substantial earthwork will not result - access to the building site (s) via any alternative will involve extensive cut and fill slopes in order to gain an acceptable driveway slope. Tree removal can be avoided by a straighter alignment to the westerly building site on proposed Parcel 3 as generally shown on sheet two of the alternative access plan (Alternate "C" ) . Although this straight driveway alignment as shown contains large (8 ' ) retaining walls, staff believes that a combination of grading and the use of retaining walls - a compromise between alternates "B" and "C" - can attain a suitable access to the knoll on proposed Parcel 3. The result of gaining access to this better building site would be less site disturbance and no tree removal. The disruption of the natural terrain, particularly oak tree removal, increases substantially upon the creation of a second building site. Thus, staff is retaining its original recommendation. Attachments: Attachment A - Alternate Access Plan Attachment B - Alternate Access (Sheet 2) Attachment C - Elevation Perspective Attachment D - 3-D Perspective Attachment E - January 16, 1996 staff report 000099 ATTACHMENT A . CITY OF ATASCADERO ALTERNATE ACCESS "B!' 5=scanCOMMUNITY DEVELOPMENT TPM 95001 DEPARTMENT vi \\ -- ;� ` `' --x------ `•`'t'r.��' \\ '– —. `:`;\\.\,•�\�`'1', '\'�` IC's' ``:�-. ,`'• •.. ""Q � -��`-��:-,.{� ,•\�,�•\.�\Y;\�.�... •��`•' :fir•• � �\\\��\\ `�\� a ,•\\;; � ` \ 'R•. �.'� ,`,�•�K` ,\, \`\\�0,\ .,. ,�,\ `\moi••. \\�_..a._ ` ` \y, \ `. .` 1{y)1 ) ',i ti � , i.,'� ',I 'i� '%-.•��' \'`' -`' \\�,\I�\ \` \'\\ ,\\1�;\\�\\\\ :�\`��•!�\;�,\ ' 1;1 ;`I 1 �'rt)J[i l"`I i ; !� !e'(; If 11 / J J -�. � ' ,'� � ' � ' l�•/, /i i � �i /�111111�lsr��l%,,/%il;i�'�"i��''/� �?;', / � � . .1/ :;;///. � . moi'' •j/;�//�%/'�'�i. %./i;'•i:�// � ,a�"•'� ALTIMAX RW PROM Y •--_'w.;,Ci ALTERNATE ROTO ALWAXT•M -i—_ ._ ..y.,�..L.._F._._L..^ _-_•l _.�._ ;•_.�._... COI�AIOQI or.ALJMMff*r 70 'iiJR11Cl�i ..._w..•.. _�- -__ AOC AT+ --_ �".• + m - 000100 ATTACHMENT ,B CITY OF ATASCADERO ALTERNATE ACCESS "C" �;jC_rA5CA0 COMMUNITY DEVELOPMENT TPM 95001 DEPARTMENT or �;•\\ j�\ `;,, ,`�•. .• `\,, \ , ,\ `. \ ^ •�., a^, �.ems _ T-� - -p�ti \\\`��,,,;`,\\, ,,, \\\;` .1. ,°z• ,\\` \ �.� �'`:}� v ` 3 a.� �•` `. -� ,,, •� __T _��!`--`'sem_ ,\ ',gym,\ ��\ \\ ,' •,'�\,. }\ ,`'•\ z, Y. '..1•.ir\� ' ,\,'•�` '�,\ ' ,� / '1 � ;';�';;� ,,;/': . ;;ice_• :�'.•;`•/,i�//,�/ i /;;i / ALlE7MA/9 RG10 rPIlaltt•C ALIOWAiE ROAD AUGHMOR'C .. .3 .L. —1^ �- .. �• awAmm w ALS 10 DADMAL Ammorflooft — ��• -+-•:r--F -•t iT�:•t-•-F• tF�.-_•tit-- . Umm --::�:r_• •tet:- -:� �:• ::r:-t- �:: t�:�:.�:�.k- . 000101 ATTACHMENT C ' CITY OF ATASCADERO �� •�� •%� ELEVATION PERSPECTI!✓E j:_OCA COMMUNITY DEVELOPMENT TPM 95001 DEPARTMENT .c Ti G•� Sim.;{ �,Z f :.t � "�r`� '' � r � �.:�1 P- t s �,.� t � t Frei �.f>, t t�- art—•_ .1_.�— � .t ,p� :,:_;:' _ ef f ; 1k hg ?'t 000302 1 ' A �� rR r� � �-`s �lltfe_•� EtkfB�� tt-L1T,i{� .T3SE' ?c Sys a7 ,�St re. �5.>-yv. s *r i "J.ttt..I+rwdoSc�cYr �� r3�� "-� � �� ,r; - ��rE: fp�--- ..'• � s s a ��{�`. �#�i?�,'j �p�'Fi it � ral'r S _sx3 ?,, •' ..S�y'a �' 3>��"S =_ ._tea �vJ J�f�� '-r-rir ' - � ��a� a _ ::••xr �Fa.� -� .� k'-__ r �r?=�"�w j` '--__ _ t�.��;.*F s -.-��=S2: r€nim? �_�et•� �� -;�,ias '�-- '=sem-�- ••�� Szr''a�` F, - __ a�frc; 'Y'a'` - i _e•T_ ; --yc�� r� ? ri 1�.• ••`i,� �.o.��:+Ja` 3^•.-3= � �r:-ts_f =s-s f. `'3` ?-` _'t3_r_ -t'�"s _ :�;��••. �,;.� �..�, c., ;r4_ JR- �?3>-s-=a^� =� iL:;_,,.=$�4ra�_rai"� �y7� X2��';�r�a�` - __ '`g _ .�. �r��=�y-J-ss�• _ �. �s f�?� €` � F3;F�3'Frs �-_-ti v"__' =?�'i S -,w ii +F4=. .�.�� } ��j. �� j�i� ��1's t' - •Y a'J`�r�-".�7�� fyf:C•�e��'' "sZ• �- P a•r sr'L:� '� r aa'�,'+{`��'.`i`�f�is`"v t.t <�.�,f. - a= _ �' � '�^aw •;'�'� 1- ?tet "M��•�AH � � Tty f,t ��T4�itL 1 T: - � �� J".M� J�`��- ��'iJ�� "+Ti!'T%.t•t� 4"�f^y•` Z r. 1�1t, n;' L.i _ r >• ,'=am �E'�' �• 3 iFf�n�1fCsy` y`.� ^r�, ,S�w-r -3 ct rZ• sr s 't�F :+:+,`- ELF 94 rr�-f� r '$' t. s -i�F- i► < j TV l+ LAMA SCE OF c Robert M.Jona Anoru a Law ROBERT M. JONES Telephone(805) 466.4422 Cindy Hemming 8655 Morro Road, Suite C Facsimile(805)466-7267 per+ Atascadero, Califomia 93422 March 13, 1996 CITY OF ATASCADEROMM 14 19-6 71 Community Development Department x 6500 Palma Ave. G I I Y'CF A TA S C.—A 6 F7Ro C1TY C1_ERK'S.y,rlrC Atascadero, CA 93422 — ---- Subject: APPEAL OF PLANNING COMMISSION DECISIONOF MARCH 5,1996 DENYING TENTATIVE PARCEL MAY # 95001 11750 San Marcos Road Atascadero, CA APPELLANT: ROBERTA LINDSAY To Whom it May Concern: This letter shall serve as a notice of appeal of the Atascadero Planning Commission's denial of the Tentative Parcel Map # 95001, submitted by Roberta Lindsay for 11750 San Marcos Road, Atascadero, Ca. 93422. The grounds for the appeal are as follows: 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision and/or proposed improvements, would not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the sub-division and the type of the improvements will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision. 7. The subdivision is consistent with the character of the immediate neighborhood. 000104 March 13, 1996 Page Two 8. The creation of flag lots within the subdivision is justified and permissible by the topographical conditions, and is consistent with the General Plan, all specific plans, prior decisions of the planning department and the City of Atascadero, and the 'intent and purposes of the regulations. I_ would request that any hearing before the City Council be held after April 23, 1996, and the applicant waives any time requirements imposed by statute or regulation. Any notices should continue to be sent to Wilson Land Surveys, as well as the undersigned on behalf of the applicant. Sincerely. Robert M Attorney At Law RMJ:cs cc: Client Ken Wilson 000105 MINUTES EXCERPTS CITY OF ATASCADERO _PLANNING COMMISSION 3/5/96 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS ; 1. TENTATIVE PARCEL MAP 95001: Application filed by Roberta Lindsay (Wilson Surveys) to divide two (2) lots of 7 .50 and 10 .42 acres into three (3) parcels of 560, 5. 96, and 5. 96 acres each for single family residential use. Sub- ject site is located at 11750 San Marcos Road. (CONTINUED FROM THE PLANNING COMMISSION MEETING OF JANUARY 16, 1996). STAFF RECOMMENDATION: (Davidson) Staff recommends that Tentative Parcel Map ,#95001be denied based on the Findings for Denial contained in Attachment G. TESTIMONY: Jim & Vida Thomas, a letter from Mr. and Mrs. Thomas was read into the record opposing the project and supporting staff in their denial recommendation. Ken Wilson, Wilson Land Surveys, 6715 Morro Road, (applicant' s agent) provided the Commission with a history of the project. He summarized the letter submitted prior to the meeting which detailed why he and the applicant feel this project is reasonable, good planning and not a detriment to the environment:. He answered questions from the Commission. Ursula Luna, P.O. Box 806, commends and supports the staff in denial of this project. She made several points against approval of this Tentative Parcel Map. She feels this parcel map is inap- propriate. Joan O' keefe, 9985 Old Morro Road East, supports denial of this project because this is a fire prone and environmentally sensitive area; inappropriate for development. This project represents and encroachment into wildlife area. Charlie Hawes, 10580 San Marcos Road, a neighbor, ;supports denial of the project. He sees nothing but grief behind this project. Dorothy McNeil, 8765 Sierra Vista Road, expressed that the applicant should be held to the same building regulations as others . Ms . McNeil supports denial because this is not good land use planning. 000106 Planning Commission Meeting, March 5, 1996 Erik Greening, 7365 Valle, complimented -the staff in the conscien- tious manner in which they have made their recommendation and he hopes the Commission accepts the recommendation. John McNeil, 8765 Sierra Vista Road, * reiterated that there appears to be nothing done about permit regulations with impunity. He supports denial. Roberta Lindsay, the applicant, feels attacked tonight and she responded to some of the comments made by other speakers . She expressed that she was lied to by the City staff and her con- tractor. It was very confusing and the staff was not helpful. The inspectors came out more when Mrs. Luna called than they did when Ms. Lindsay called them. Chairman Edwards informed Ms . Lindsay that there is a grievance procedure in place for her to utilize if she feels she has been treated unfairly. Commissioner Johnson, commented that only the merits of this pro- ject should be taken into consideration and nothing else. Only the facts before the Commission should be taken into account. Ike expressed concern regarding the engineering on the road. Commissioner Wallace, concurred that only the project should be considered. She feels that the site is not suitable for what is being proposed. She recommended denial. Commissioner Hageman, asked the opinion of a Fire Department representative. He expressed three concerns, as follows: (1) the turning radius, (2) response time, and (3) water supply. Commissioner Zimmerman, asked if the owner of Lot 7 has given con- sent to abandon San Cayetano Staff responded no, which could present a potential legal issue for the City. ACTION: Deny Tentative Parcel Map 195001 based on the Findings for Denial contained in Attachment G. Motion: Wallace Second: Johnson AYES: Wallace, Johnson, Sauter, Hageman, Zimmerman, Edwards NOES: None ABSENT: Bowen MOTION PASSED: 6:0 0001017 M E'ElNP AGENDA�1 ally' S 14 96 ffEM# B• ... MICHAEL T. LESAGE l ATTORNEY AT LAW J��/ 620 13TH STREET Wil 7196 P.O. BOX 306 PASO ROBLES, CALIFORNIA 93447-0306 CITY Of ATASCADERO _ TELEPHONE (805) 238-3484 CITY CLERK'S ADER FAX (805) 239-7377 1 OFFICE May 7, 1996 City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Re: Appeal of American Classics: Ken Craig and Priscilla Berger Project Address: 5680 El Camino Real, Atasca0ero Hearing Date: May 14, 1996 Dear Clerk: Request is made that the above-referenced matter, presently scheduled for hearing before the City Council on May 14, 1996, be continued for hearing on May 28, 1996. Thank you. Sincerel , M CHAEL T. LeSAGE MIL/kz 1 000108 REPORT TO CITY COUNCIL Agenda 'Item: B-3 CITY OF ATASCADERO Through: Andrew J. Takata MeetingDate: 05/14/96 City Manager File Number: GPA 95011 Via: Steven L. DeCamp, City Planner From: �,,*7( Doug Davidson, Senior Planner SUBJECT: Consideration of a General Plan Amendment to include the Com- mercial Tourist (CT) zone on the west side of Highway 101 at Del Rio Road within the Urban Services Line (USL) . RECOMMENDATION• 1. Deny General Plan Amendment 95011 in accordance with the Planning Commission and staff' s recommendation. • 2 . The Commission recommends that Commercial Tourist (CT) properties at freeway interchanges should be served by sewer and urges the City Council to appropriate': the resources necessary to do a comprehensive sewer improvement pian as soon as possible for the northern part of the City, west of U.S. 101. Upon completion of this plan, the Commission recommends that these CT zoned properties be reviewed at that time for sewer service. BACKGROUND: This General Plan Amendment was initiated by the City Council at their meeting of December 12, 1995 . The Planning Commission conducted a public hearing on the above-referenced subject at their meeting of April 16, 1996. After discussion (see attached Minutes Excerpts) , the Planning Commission, on a 5 :2 vote, recommended denial of General Plan Amendment 95011 in accordance with staff' s recommendations contained in the attached Planning Clommission staff report, dated April 16, 1996. DD:ph Attachments: Planning Commission Staff Report - :April 16, 1996 Minutes Excerpts - April 16, 1996 000109 MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 4/16/96 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES,- AND REPORTS 1. GENERAL PLAN AMENDMENT 95011: Amendment initiated by the City of Atascadero to include the Commercial Tourist (CT) zone on the west side of Highway 101 at Del Rio Road within the Urban Services Line (USL) . Subject site area is located at 2000 Ramona and 6009/6010 Del. Rio Road. STAFF RECOMMENDATION: (Davidson) The Commission should recommend to the City Council that General Plan Amendment 95011 be denied at this time. The recommendation should also state that CT properties at freeway interchanges should be served by sewer in order to realize their development potential. Upon completion of a comprehensive sewer improvement plan for the northern part of the City, west of U.S. 101, existing commercial tourist districts, will be reviewed for sewer services in the first phase of the improvement schedule. TESTIMONY: Bruce & Bonnie Arnold, owners of 6009 Del Rio, letter supporting the USL extension, was read into the record by Mr. Davidson. Joan O' Keefe, 9985 Old Morro Road East, suggested Mr. Marquart, the Chief of Wastewater Operations, provide the Commissioners with a chart showing typical usage by type of property use (i.e. , for churches, restaurants, etc. ) as well as the historical average usage per month. She questioned why the cost of increasing capacity had doubled since inflation hadn' t doubled. Mr. Marquart answered that question. Annie Hemingway, 3760 Willow Creek Road, supports the USL expansion. Ron Rolfman, , 1660 San Ramon Road, is concerned about the more intensive development attendant with the expansion of the USL to the West side of the freeway. He is against expansion of the USL. Dell Hemingway, 3760 Willow Creek Road, asked why the overpass would have to be widened and other roads are not. He questioned the necessity of widening the road. He supports the USL expansion. 000110 Planning Commission Meeting, April 16, 1996 ACTION: Recommend to the City Council that General Plan Amendment 95011 be denied. However, the Commission recommends that Commercial Tourist (CT) properties at freeway interchanges should be served by sewer. * The Commission also urges the City Council to appropriate the resources necessary to do a comprehensive sewer improvement plan as soon as possible. And when this plan has been completed, the Commission recommends that these CT zoned properties be reviewed at that time for sewer service. Motion: Johnson Second: Zimmerman AYES: Johnson, Zimmerman, Sauter, Hageman, Edwards NOES: Wallace, Bowen ABSENT: None MOTION PASSED: 5:2 SUB CT: B. HEARINGS, APPEARANCES AND REPORTS 2 . GENERAL PLAN AMENDMENT CYCLE: General Plan Amendment applications wh' were filed for consideration during the firs general plan amendment cycle of 1996. STAFF RECOMMENDATION: Decamp) The Commission should r ceive and file a memorandum. TESTIMONY: None. ACTION: Memo accepted as eceived. SUBJECT: B. HEARINGS. PEARAN ES ND REPORT 3. DISCU ION OF PLANNIN I ION-IITIATED GENERAL PLA AMENDMENT . TESTIMONY: one. ACTION: After much discussion, the X d not to recommend any other General 000111 CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: April 16, 1996 BY:-�p Doug Davidson, Senior Planner File No: GPA 95011 SUBJECT: Consideration of a General Plan Amendment to include the Commercial Tourist (CT) zone on the west side of Highway 101 at Del Rio Road within the Urban Services Line (USL) . RE CONN ENDAT I ON The Commission should recommend to the City Council that General Plan 95011 be denied at this time. The recommendation should also state that CT properties at freeway interchanges should be served by sewer in order to realize their development potential. Upon completion of a comprehensive sewer improvement plan for the northern part of the City, west of U.S. 101, existing commercial tourist districts, will be reviewed for sewer service in the first phase of the improvement schedule. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Project Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2000 Ramona 6009/6010 Del Rio Road 3. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.75 acres 4 . Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . .CT (Commercial Tourist) 5. General Plan Designation. . . . . . . . . . . . . . .Tourist Commercial 6. Existing Use. . . . . . . . . . . . .2000 Ramona Road - Trailer Sales 6009 Del Rio Road - SFR/Access . Bldg.s 6010 Del Rio Road - Vacant 7 . Environmental Status . . . . . . . . . . . . . . . . .Environmental review not completed - comprehensive sewer planning needed prior to extension of USL. 1 000112 BACKGROUND: In 1992, this area was the subject of a General Plan Amendment to extend the Urban Services Line (USL) . The application (General Plan Amendment 92003) was made by the property owners of 6010, the northerly CT property, west of Highway 101 at Del Rio Road. The Land Use designation for this property was changed from RS (Residential Suburban) to CT in the 1992 General Plan Update. The applicants (Dell and Annie Hemingway) requested an extension of the Urban Services Line to take better advantage of this new commercial potential. At the Planning Commission meeting of April 7, 1992, the study area was enlarged to include the CT parcels to the 'south; the smaller of which is now owned by the City and used as a trailer sales yard. On May 26, 1992, at the City Council meeting, the study area was expanded further to include all land owned by the San Ramon Land Co. This property is approximately fifteen (15) acres in size, comprised of eight (8) parcels, surrounding the. Hemlingway property (Attachment C) . The expanded study area greatly increased the potential impacts of the USL extension. An EIR was required to analyze the impacts on the City' s sewer facilities, as well as the implications of pressure for more intrusive commercial development on the west side of U.S. 101. The applicant did not feel that the requirement for an EIR was justified, at least not for their CT property alone, and did not proceed to prepare the EIR. Without the necessary environmental review, the Planning Commission and ultimately the City Council denied the proposal on November 24, 1992 . The current request to limit the USL extension to the CT parcels only was initiated by the City Council on December 12, 1995. Planning staff had originally planned to include this request within the application for the USL extension to the north El Camino Real Public zone. However, after including text changes to the Public zone and the mini-storage project in that application review, it was decided to separate this action for the CT parcels on the west side of 101 . ANALYSIS: Atascadero has a defined pattern of commercial nodes, primarily tourist-related, at its freeway intersections. With the exception of the Rochelle property at Santa Cruz and 101, all of them are served by sewer. (The Rochelle EIR and approved General Plan Amendment require a comprehensive study of urban services in 2 000113 the north Atascadero upon development of that property with sewer facilities . ) To realize the inherent development potential of commercial properties, they should be provided with urban services. (The only commercial property within the City which is not served by sewer is the CN property at Santa Barbara and El Camino Real . ) Extending the USL to these particular properties is the only change proposed to the CT zone - no change in allowed uses or development standards for the CT zone is contemplated. The City has acquired the smaller of the southerly CT parcels to be used as a future fire station - it is currently the home of A & C Trailer Sales. These CT parcels are small and difficult to develop without the benefit of sewer, particularly the Hemingway property. The Hemingway property is characterized by a wide, steeply defined swale - to develop a commercial project on this property without sewer service is impractical. The site is not large enough to reasonably accommodate a leachfield system without natural constraints - to gain the necessary leachfield setback from the swale places an undue burden on this parcel. The parcel was specifically rezoned to CT in 1992 to take advantage of its location and continue the consistent land use pattern at the freeway interchanges. Without sewer service, this parcel is commercial in name only, but cannot be reasonably developed in accordance with its land use designation. Although the extension of the USL to existing commercial properties might not seem to constitute a substantial expansion of City' s wastewater collection system, there are significant issues that need to be addressed prior to this action being taken. First, is the engineering and upgrade of the collection system necessary to bring the sewer facilities across Highway 101 from their current location. As evidenced by the In-N-Out Burger sewer project at San Anselmo, extending the sewer system across 101 is a substantial and costly undertaking. A new pump station and other upgrades to the collection system are necessary in order to extend the sewer lines. As stated by the Chief of Wastewater Operations in Attachment D, this would continue the piecemeal sewer improvement approach of constructing another pump station to serve a small area. In this case, sewage would need to be processed through four pump stations before reaching the treatment plant. In addition to the short term questions of engineering the expanded sewer system are the potential long term and cumulative impacts of extending the USL to the west side at Del Rio. Staff has previously determined that an EIR was necessary for substantial expansions of the USL - the San Ramon Land Co. , the Ramona Road frontage property, and the Rochelle project. By limiting the expansion to the existing CT parcels only, the cumulative impacts are substantially lessened. 3 00011 However this is an example where the short term and the long term impacts are intertwined and cannot be separated. To extend the USL for only the CT properties is not economically ;practical, yet if the USL study area is expanded to improve cost effectiveness, the implications on the sewer system capacity and land use planning are much greater. The treatment plant is at or near capacity and the funds necessary for its upgrade will be difficult to obtain. Given these uncertainties, expansions of the Urban Services Line must be carefully examined. CONCLUSIONS: Existing commercial tourist properties at freeway interchanges should be provided with urban services. Extending the USL across Highway 101 to serve three parcels, however, is not practical economically nor efficient for wastewater treatment. The capacity of the sewer collection/treatment facilities dictates that priorities be established for extensions of the USL. If' a sewer improvement plan for north Atascadero is devised, particularly for extensions of the USL to the west 'side of 101, these existing CT parcels should be considered before more significant USL expansions (San Ramon Land, Ramona Road, etc. ) are entertained. ATTACHMENTS: Attachment A - General Plan Land Use Map Attachment B - Zoning Map Attachment C - Vicinity Map Attachment D - Memo from Chief of wastewater Operations 4 000115 'i ATTACHMENT B _;"' ' • CITY OF ATASCADERO zONING MAP uu' NO / n7,-7 'd COMMUNITY DEVELOPMENT GPA 95011 DEPARTMENT Q IRS OP W \ m � • 00 = fC C414, tiQ � C S /0/ Q7 / O •� Z CT MON MpOR040 1 ROAD 000117 i � �• r«�I ��' i �i fig Vii• � ATTACHMENT D GPA 95011 MEMORANDUM , DATE: April 4, 1996 TO: Doug Davidson FROM: Mark Markwort, Chief of Wastewater Operations 0— SUBJECT: GPA 95011 - Extend USL to CT Property on West Side of 101/Del Rio Road Maintaining a small pump station to serve three lots on the West Side of 101/Del Rio Road would not be cost effective. It would cost more to operate than the service fees it would bring in. If the City Fire Station proposed for one of these lots is constructed, the maintenance cost/service fee ratio will be worse because City facilities pay no Wastewater service charges. From the standpoint of wastewater system planning, this would continue a pattern of system development which we have followed in the past that is seriously flawed; that is, pumping from one small pump station to the next. Every time sewage is pumped it costs $$. Sewage from this location will need to pass through four pump stations to get the treatment facility and unless pre- conditioned by chemical addition this sewage will become septic (unpleasant and corrosive) by the time it gets there. The cost of constructing facilities to serve this area would exceed $200, 000 not including reimbursement of the Improvement District which constructed the existing Del Rio Road Pump Station, to which this station will pump. Reimbursement costs run about $4, 000/acre. Although serving these properties is feasible, I can not recommend extending the USL to serve these three properties. 000119 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Via: Andrew J. Takata, City Manager From: Arther R. Montando' Attorney Meeting Date: 5/13/96 SUBJECT: Mobilehome Rent Control RECOMMENDATION: Review the attached material and direct staff. BACKGROUND: A Councilmember has requested this item be placed on the City Council's agenda for consideration and further direction. Included are various mobilehome rent control ordinances (City of San Luis Obispo, County of San Luis Obispo and City of Lancaster). Mobilehome rent control involves the interplay of constitutionals rights of property owners, mobilehome residency law, landlord tenant law, due process rights and the rights of renters to be free from any oppressive conduct by their landlords. The general principal that should guide us in considering a mobilehome rent control ordinance is: Rent control must serve a legitimate governmental purpose and permit the landlord to earn a just and reasonable return. Mobilehome rent control ordinances have been upheld by the courts throughout the state, but there is no concrete formula for an ordinance. The following is a list of requirements and constraints for a valid ordinance. A. Legitimate Government Purpose The ordinance must be enacted to address a local need. Facts relevant to Atascadero must be gathered that a mobilehome market imbalance (i.e., more renters than spaces) exists and that rents are rapidly rising and excessive (see, Birkenfeld v. City of Berkeley (1976) 17 Cal 3d 129, where these facts are presumed but may be rebutted). B. Just and Reasonable Return There is no strict formula that can apply to all situations. The co'"rts have expressly reserved the issue of how to determine whether the rent control regulation as applied to a particular landlord allows "just and reasonable return" (Fische' v. City of Berkeley (1984) 37 Cal 3d 644). 000120 Generally, the ordinance provides a CPI type of adjustment, a pass-through of certain costs and an administrative procedure to determine whether increases or decreases in rent are appropriate. This is the case with the example ordinances submittted with this report. Though the ordinance may sound simple in concept, depending upon the procedures adopted it can become very labor-intensive to administer. Also, a strict ordinance or an erroneous decision on the part of the administrative hearing board may subject the City to litigation alleging an "unconstitutional taking" of property. C. City mobilehome rent control is preempted in part by state law. 1 . Rent control cannot be imposed on commercial uses (Ross v. City of Berkeley (1987) 655 F. Supp. 820). 2. Mobilehome rent control cannot be imposed on newly-constructed mobilehome spaces (Govt. Code §798.45). 3. Mobilehome rent control cannot be imposed on spaces where the tenant has a lease over twelve months in length (Civil Code §798.17). 4. Mobilehome rent control cannot regulate eviction, notices of rent increases, security deposits and certain minor charges (Civil Code §798.56, 798.30, 798.36, 798.31-38, 798.41, 798.49). There are other types of rent regulations. Some ordinances require a good faith meeting and conferring prior to rent adjustments. Some ordinances require non- binding arbitration of rent adjustments. Each of these could involve significant staff time depending upon the procedures adopted. Staff awaits City Council direction on how to proceed with this issue. If an ordinance is to be considered, it is recommended that the general content and format of the enclosed examples be followed. ARM:ch 2 000121 SENT BY, 4-24-96 ; 7.59 -61042 ; 2/18 MERGED ORDINANCE NO.s 642, 660, &666 AN ORDINANCE OF THE CITY OF LANCASTER, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE XI OF DO THE LANCASTER MUNICIPAL CODE RELATING TO REGULATION OF MOBILEHOME PARK RENT DISIPUTES. WHEREAS, mobilehomes are difficult to relocate due to restrictions on the age,size, or style of mobilehomes permitted in many mobilehome parks and the requirements related to the installation of mobilehomes,including permits and landscaping. Additionally, the cost for moving a mobilehome and the risk of damage in moving the mobilehome is significant v and these conditions create a captive market for mobilehome owners. This immobility,in turn,contributes to the creation of a great imbalance in the bargaining position of the mobilehome park owners and inobilehome owners in favor of mobilehome park owners; �Al WHEREAS,mobilehome owners are property owners with a sizable investment in their mobilehomes and appurtenances thereto. The residents of Mobilehome Parks consider their relationship with the park owner as a joint housing venture. The continuing possibility ' of unreasonable space rental increases in Mobilehome Parks threatens to diminish the value of the investment of the mobilehome; -A 43MAi P P YV _ ! n M- ebi le�stmul - - e return —� - WHEREAS, the Council finds and declares that it is necessary to make certain definitional changes to facilitate the operation acid intent of the Mobilehome Rent Stabilization ordinance; WHEREAS, the Council further finds and declares that it is necessary to make certain technical changes to assure that the City's Mobilehome Rent Stabilizadon ordinance complies with the requirements of California State laws; and 000122 SENT BY: 4-Z4-jo u•uu _ WHEREAS,the(qty Council finds and declares that the objectives of the Mobilehome Rent Stabilization program can best be met by amending the ordinance to allow annual rental increases to be automated by finking such increases to changes in the Consumer Price Index, to permit Homeowners to petition the Rent Arbitration Board to limit annual rental increases where circumstances justify,and to provide enforcement mechanisms for park owners who fail to either register with the City or respond to City`s requests for documents during rental disputes. NOW,THEREFORE, the City Council of the City of Lancaster does hereby ordain as follows: Section f Chapter 2 of Article XT of the Lancaster Municipal Code is hereby amended to read as follows: "ARTICLE XI CHAPTER 2-IkiOBTLEHOME RENT STABILIZATION n 11-2.1 Purpose. It is the purpose of this Ordinance to protect Homeowners in Mobilehome Parks from unreasonable rent increases by establishing a Mobilehome.Rent Arbitration Board empowered to stabilize ants in mobilehome parks and to provide Park Owners a just and reasonable return on their investment. 11-2.2 Jefinition_s_. For the purpose of this chapter. A. ."Annual Period" means that year commencing on the fust day of October. B. "Annual Rental Increase"means that rental increase established by the City Council pursuant to Section 11-2.6.below, to be effective for the Annual Period which may be implemented by Park Owners unless the Park Owner is otherwise prohibited from doing so pursuant to this Chapter. C. "Board' means the Mobilehome Turk Rent Arbiumtion Board of the City of . Lancaster. D. "Camping Trailer" means a vehicular portable unit mounted on wheels and 000123 =NF dy: 4-24-96 ; 8:01 -'6042 ;9 4/18 constructed with collapsible partial sidewalls which fold for towing by mother vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy. E. "Commercial Coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial,professional,or commercial purposes, which is required to be moved under permit as defined in Section 18001.8 of the Health and Safety Code, and shall include a Trailer Coach as defined in Section 635 of the Vehicle Code. F. "Homeowner" means a person who has a Tenancy in a Mobilehome Park under a Rental Agre=ent. G. '4-omeowner Petition Period"means that period of time of at least sixty (60)- days commencing on the date of the receipt of the first written notice to Homeowners of a Park Owner's intent to implement the Annual Rental Increase and ending on the date on which the Annual Rental Increase implemented by the.Paris Owner for the Tenants' Mobilehome Paris is effective. H. "Homeowner Rental Adjustment"means that adjustment in'implementation of the Annual Rental Incase required pursuant to Section 11-2.8, below. I. "Manufactured Home" means a structure, as defined in Section 18007 of the Health and Safety Code as it curzrntly exists and as may be amended, which is transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling when connected to utilities; and includes the plumbing,heating, air conditioning, and electrical systems contained therein. J• "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code,as it currently exists and as may be amended. Mobilehome,includes a manufactured home as further defined in Section 18007 of the Health and Safety Code and a mobilehome as defined in Section 18008 of the Health and Safety Code, as those sections currently exist or as they may be amended. "Mobilehome"does notviclude a Recreational Vehicle or a Commercial Coach 0+00124 Jr1V1 CSt Y'�Y w u-ul except as provided in the succeeding paragraph. "Mobilehome"also means Trailers and other Recreational Vehicles of all types defined in Section 18010 of the Health and Safety Code,other than Motor Homes,Truck Campers, and Camping Trailers.which are used for human habitation if (1) The Trailer or Recreadonal Vehicle occupied a Mobilehome Space in a Mobilehome Park on November 15, 1992 under a rental ageernent with a term of one month or longer and the Trailer or Recreational Vehicle occupied a Mobilehome Space in the Mobilehome Park prior to January 1, 1992;or (2) The Trailer or Recreational Vehicle occupies a Mobilehome Space in a Mobilehome Park for at least nine continuous months commencing on or after November 15, 1992. "Mobilehome"does not include a Trailer or Recreadonal Vehicle located in a recreational vehicle park subject to Chapter 2.6 of the California Civil Code. K. "Mobilehome Park" means any area of land within the City of Lancaster where two(2)or more Mobilehome Spaces am rented nr held out for rent, to accommodate Mobilehomes used for human habitation. L. "Mobilehome Space" means the site within a Mobilehome Park intended, designed,or used for the location of a Mobilehome. M. "Motor Home" means a vehicuiar unit built on,or permanently attached to,a self-propelled motor vehicle chassis,chassis cab or van, which becomes an integral part of the completed vehicle,designated for human habitation for recreational,emergency,or other occupancy. N. "Park Owner" means the owner of a Mobilehome Park or the Park Owner's designated agent. O. "Park Trailer" means a Trailer Coach, designed for human habitation for recreational or seasonal use only, which meets all of the following criteria: 000125 JCI1 IST 4-24--d4ti ; 6:U2 d/18 (l) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However. it may not exceed 12 feet in width or 40 feet in length in the traveling mode. (2) It is built on a single chassis. (3) It may only be transported upon the public highways with a permit. (4) It is constructed in accordance with the Standard No. A119.5 of the: American National Standards Institute as it may be amended. I} Q. "Recreational.Vehicle"means a Motor Home, Slide-in Camper,Travel Trailer, Truck Camper, Park Trailer, or Camping Trailer,with or without motive power, designed for human habitation for recreational,emergency,or other occupancy as further defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code as those Sections currently exist or as they may be amended. R. "Rent"means the consideration pain by the Homeowner to the Park Owner for a Tenancy in a Mobilehome Paris. If the Park Owner elects to bili the Tdomeowner separately for Utility Service Fees assessed by a utility for services provided to or fbr Mobilehome Spaces in a Mobilehome Park, such separately billed Utility Service Fees shall not be deemed to be included in the Rent charged for a Tenancy in the Mobilehome Pati provided that,at the time of the initial separate billing of such Utility Service Fees,the Resit charged by the Park Owner for a Tenancyin the Mobilehome Park is simultaneously reduced by an amount equal to the amount of the Utility Service Fees separately billed;provided'further, that the initial separate billing for such Utility Service Fees shall be equal to the average amount charged to the parte management for that utility service for that space during the twelve months preceding notice of the commencement of the separate billing for that utility service; provided further, that the Park Owner may not initially bill any Utility Service r=s separately until a Rental Agreement is either renewed,extended or initially executed. In a Mobilehome Park iii which the Utility Service Fee to be separately billed is billed to the.,Park Owner on the basis of a master meter or single bill encompassing all Mobilehome.Spaces in the Mobilehome Park,such separate billing for the Utility Service Fee shall be divided 000120 SENT BY proportionately among all of the Mobilehome Spaces in the Mobilehome Park;provided that at the time such Utility Service Fee is initially separately billed, the Park Owner shalt post in a conspicuous location in the Mobilehome Park copies of the bills for the last twelve months' Utility Service Fee and the calculations done in establishing the initial separate billing. Whenever a Park Owner is the provider of the Wiry Service to be separately billed,such Park Owner shall consider all relevant cost factors in establishing the initial separate billing, including, but not limited to,operations and maintenance expenses. To the extent any factors are not considered in the indal separate billing, such factors shall not be consider when adjusting the Utility Service Fee billing in the future. The amount of the initial separate Utility Service Fee billing shall be consistent with thedetmmination of whether such fee is "reasonable" using the operating ratio method rate of return as adopted and utilized by the California Public Utilities Commission (PUC)in determining whether the Utility Service Fee is reasonable. The Park Owner must itemize each cost factor associated with the Utility Service when first separately billing,and shall post in a conspicuous location in the Mobilehome Park the calculations done in establishing the initial separate billing S. "Rental Agreement"means an agreement between the Park Owner and the Homeowner establishing the terms and conditions of a Tenancy. A lease is a Rental Agreement. T. "Slide-in Camper" means a portable unit,consisting of$roof, floor, and sides, designed to be loaded onto and unloaded From a truck, and designed for human habitation for recreational or emergency occupancy. A"Slide-in Camper" means a truck camper. U. "Tenancy"means the right of a Homeowner to the use of a Mobilehome Space on which to locate,maintain, and occupy a Mobilehome,site improvements,and accessory structures for human habitation including use of Mobilehome Park services and facilities. V. '"frailer Coach" is a vehicle,other than a motor vehicle,designed for human habitation or occupancy for industrial,professional,or commercial purposes,for carrying property on its own structure, and for being drawn by a motor vehicle. W. "Travel Trailer"means a portable unit,mounted on wheels of such size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitadon for recreational or emergency occupancy. 00012'7 J4 V V L l '•}—�Y—iJq r V•U`t r �l�U`t r e4• (��1� X. "Utility Service frees" means fees or charges assessed by utilities for natural gas or liquid propane gas,electricity, water,cable television,garbaga.or reuse service and sewer service to the extent that such services are separately metered or billable for each mobilehome space. 11-2.3 Exemptions, Sections 11-2.6, 11-2.7, 11-2.8 and 11-2.9 of this Chapter shall not apply to: A. Tenancies covered by a Rental Agreement in excess of twelve months`duration in which the Homeowner will use the Mobilehome Spare as his personal and primary residence. B. Newly constructed Mobilehome Spaces initially held out for Rent after January 1, 1990. C. Recreational Vehicles and Commercial Coaches,provided the Recreational Vehicle or Commercial Coach is not otherwise defined as a Mobilehome pursuant to Section 11-2.2.J. Notwithstanding the above,all other portions of this Chapter shall apply to all Mobilehomes,Mobilehome Spaces and Mobilehome Parks within the City. 11-2.4 Mobilehome Park Rent Arbitration Bntarri. A. IIUC- e-B $. acICaSt - sh t7oIn tnaj - Ede i v ounce z ' 0001 ;8 Lu TENT BY: 4-2-4-JU 6:ue ; -QU-I� ve D. Ter m of Office Members of the Board shall be appointed for a term of two years. E. Meeting& The Board shall hold meetings from time to time as required by the. provision.4 of this Ordinance or upon the request of any two(2) Board members. All meetings shall be called upon seventy-two(72) hours' notice. All meetings shall be open to the public and held at Lancaster City Hall. F. Qty. Three members shall constitute a quorum. 'Three affirmative votes are required for all decisions of the Board. Three members shall be required to conduct a - meeting or hearing pursuant to this Chapter. G. vacancies- When a vacancy occurs on the Board, the City Council shall - appoint a qualified person to fill the vacancy to serve for the remainder of the term. H. Absences. If a member of the Boated is absent from three(3) successive regular ine stings without being excused by the Board,or is absent more than six (6)meetings in any twelve (12) month period without being excused by the Board,the office of such member shall be vacated. I. Compensation. Each member of the Board shall receive compensation as determined by the City Council. J. powers and Duties. The Board is authorized to hear and approve all applications for permissive rental adjustments pursuant to Section 11-2.7 and Section 1112.8. K. Annual- epi Annually,on or before July 31 of each year, the Board shall render a written report to the City Council concerning the Board's activities, actions,results of hearings and all other matters pertinent to this Ordinance which may be of interest to the City Council. 11-2.5 -- —= ixt }ealendar-days after the effective date ofihis Mapter, Park O _a smrtheir Mobilehome-PdIcs- bilehome Spaces within such M 6me-Eurks-uith-the- _ _ 000129 JL:Y1 DI t3-Utz e �OUtG it L U l2S B. t quarterly Mobile -p _ 1 me..Pa�w�c are-o�e�pia3�by-zt-rcereatienal=vehis�l - __ -- _ - zxemptfromAfiis_t3niinance ursuant:to-Section-1-143 ' January 1, 1990 which are exempt from this Ordinance pursuant to Sc.,*tion 11-2.3; (5) a Rent schedule reflecting Rents within the Mobilehame Park on the efrebtive date of this Ordinance and current rents; yrs=._thirrthe�ft.. - _ .-- - _ -- TIT% ase or- er-in _. 1eh to on is Off ina . C. To provide the Board with current registration information,Park Owners shall. be required on a quarterly basis, to report to the Board the information required for registration pursuant to Section 11-2.5.B, including all changes in the prior three months. Four(4) Quarterly Registration Update forms will be mailed to each Parse Owner prior to lanuary 1 sc of each year for submission to the Board. Park Owners shall return the forms to the Board, postmarked no later than the due date printed on each form (March 31,June 30, September 30, December 31). D. n-Anntusunent-uu I rsufir—ta SeCiiiitic11-2'Fia id°1 rt_�.7':ri�anrr ► t Quarterly R ftmns with the Board. - E. A copy of this Ordinance shall be and shall remain posted in the office of every Mobilehome Park and in the recreation building or clubhouse of every Mobilehome Park and if no recreation building or clubhouse, placed in a conspicuous place in the Park. F. Park Owners shall pay a fee for initial registration of each Mobilehome Park as_ . established by resolution of the City Council to cover the costs incurred by the Board associated with registration. 0001;30 J"41 UC- V -4.'z Q� r ......_ .. __. 11-2.6 Annual Rental lncreas O A. Beginning in 1993, and each year thereafter, the Annual Rental Increase to be effective for the Annual Period commencing October 1 of each year which may be implemented by Park Owners pursuant to this Section shall be established automatically. The Annual Rental Increase shall be determined by multiplying the June,All Items Consumer Price Index for All Urban Consumers,Los Angeles Area as provided by the U.S: Department of Labor,Bureau of Labor Statistics for the preceding twelve(12) month period by sixty percent(60%). Park Owners shall be advised of the Annual Rental Increase amount by the City of Lancaster(For that Annual Period commencing on October 1, 1992, the City Council has set the Annual Rental Increase at 2.3%]. B. Park Owners shall be entitled to increase the Rent for a Mobilehome Space once during each Annual Period by the Annual Rental Increase for that Annual Period unless prohibited from increasing Rent pursuant to Section 11-25 D, Section 11-2.12, or Section 11-2.8. The City of Lancaster shall advise those Park Owners who shall not be entitled to the Annual Rental Increase or who shall not be entitled to petition for a Permissive Rental Adjustment pursuant to Sections 11-2.51) and 11-2.12,respectively. C. The Annual Rental bu=ase for a Mobilehome Space may become effective at any time during the Annual Period provided that the Annual Rental Increase for a Mobilehome Space in a Mobilehome Park shall not become effective until the Rental Agreement is either renewed,extended or initially executed. , 11-2.7 Perrm , Rental A jgstments - Park Owner Petition. A. Petition. A Park Owner who seeks an increase in Rent for Mobilehome Spaces located in one Mobilehome Park in addition to the Annual Rental Increase must petition the Board for a Permissive Rental Adjustment by submitting the application required by , Subsection B, below, to the City Clerk. A fling fee in an amount established by resolution _ of the City Council shall be charged to cover a portion of the costs of processing the requested adjustment. Applications shall be available at Lancaster City Hall. Park Owners shall be entitled to apply for one Permissive Rental Adjustment during every Annual Period for all Mobilehome Spaces in a Mobilehome Park unless 000131 =''Y1 tSt 4-44-Un 0-U! prohibited from increasing Rent pursuant to Section 11-2.5D or Section 11-2.11 The Permissive Rental Adjustment shall apply to every Mobilehome Space;in the Mobilehome Park which is the subject of the application,except for Mobilehome Spaces exempt ffurn this Section pursuant to Section 11-2.3. B. Contents of Application. The application shall specify: (1) the address of the Mobilehome Park; (2)the number of Mobilehome Spaces for which Rent would be increased; (3) the amount of the requested increase; and(4) the reasons for the requested Permissive Rental Adjustment. C. Completed Ap ication. within fifteen (15)days of receiving an application for a Permissive Rental Adjustment,the Board shall determine if the application is complete. If the application is not complete the Board shall notify the applicant in writing that additional information is required to complete the application. Following receipt of a completed application and up to three(3)days prior to the date of the hearing described in Section 11-2.7E, the Board may request that die applicant produce relevant records,receipts and papers necessary for the Board to rule on the petition. D. Nodce of Petition to Homeowner(s). Within fifteen (15)days of determining that a completed application has been submitted, the Board shall mailer notice to each Homeowner residing at the Mobilehome Spaces designated in the application. The notice shall specify: (1) that an application to increase the Homeowner's Renk has been submitted; (2) the amount of the requested increase; (3)a summary of the reasons given,by the Park Owner for the requested increase;(4)that the Homeowner may inspect documents submitted by the Park Owner in support of his request; (5)that the Homeowners may submit to �e Board Any papers,records or other written information relevant to the petition; and(6) how to contact the Board-for further information. E. Permissive Rental AdiustmGnt Hearing. 1. Within sixty(60)days of receiving a completed application, the Board shall conduct a hearing to rule upon the petition. At least ten (10)days,prior to the hearing, notice of the time,date,and location of the hearing shall be mailed to the Park Owner and affected Homeowner(s)designated in the application. The Board shall;render a final decision no later than fifteen (15)days after the hearing. 0001:32 JL'Vl Oi - f-41l-JQ r O•UO r vuz4.2. rLv� tv " �' ` Pn fnr•l�trii but not timitprl tn- �s�nvestni (a) taxes or othRaxes�eIMM31be Mobilehorne Park; (b) cfaVIRVIR in ance.an operating-expenses (c) - _ _ distinguished from ordinary repair,replacement and maintenance; (d) atm s mstances otherthan!PV ordinary wear and tear; F' ^ (e) Failure of the Park Owner to perform repairs and maintenant� Vide adequate Mobilehome Park services to affecned Homeowners designated in the P. c'3don,or-to-comply with applicable Mobilehome Park laws, local housing and health- a a tyeodes• (n r decreases for the affected Mobilehome space; (g) le Mobilehome spaces in the City of Lancaster, (h) .' Chmiges-in-Rent paid by the applicant for the lease of the land where the Mobilehome park is located; (i) Change in he utility charges or Utility Service Fees for the Mobilehome Park paid by the applicant to the extent that such charges have not already been excluded from the definition of"Rent" pursuant to Section 11-12R of this Ordinance; and Existing written leases between the applicant and Homeowners. V) g 0001'33 SENT BY: 4-24-96 8.09 - -6042 ;914/18 To the extent that these factors are not components of the Consumer Price Index, these factors shall be considered by the Board to ensure that the'Park Owner mceives a just and reasonable return on his investment 3. At the hearing, the Paris Owner and the affected Homeowners may offer oral testimony relevant to the petition. Papers,records,and other documentation which were not-submitted prior to the hearing shall not be offered unless good cause is shown why such documentation was not submitted prior to the hearing. 4. If the Board cannot conduct a hearing within sixty(60)days after receiving a completed application, the Board may postpone the date for conducting the hearing by thirty (30)days. A hearing may be continued for fifteen (15)days based upon a finding of good cause made by the Board. 5. The decision of the Board shall be final and shall not be appealable. Notice of the Boaes determination shall be mailed to the Park Owner and to the IIomeowners designated in the application. - 11-2.8 Homeowner Rental A iustments - Homeowner Pe 'tions, A. _ - h, ,:t - on of tie-Annual -- - - --- - - - e; A a eowners-who-reside- in Mobilehome.SS bileh _V,_ILMM— meowner Rental Adjustme e-app --- B,below, to the City Clerk.For purposes of this Section, there shall exist one Homeowner for each Mobilehome Space in the Mobilehome Park for which Rent is collected and"Homeowner" shall mean a Homeowner with.a'Rentai Agreement with a term of twelve months or less in duration. A filing fee in an amount established by resolution of the City Council shall be charged to cover a portion of the costs of processing the requested adjustment. Applications shall be available at Lancaster City.Hall. Homeowners shall be entitled to apply for one Homeowner Rental.Adjustment during every Annual period provided that the application required by Subsection B, below,is submitted to the City Clerk prior to the expiration of the Homeowner Petition Period as set forth in 11-2.2G. 000134 i SbNT by: O-LU B. Contents of App icakn. The application shall specify: (1) the address of the Mobilehome park; (2) the number of Mobilehome Spaces for which Rent is collected; (3) the names, addresses and telephone numbers of all of the petitioners; (4) the reasons for the requested Homeowner Rental Adjustment; and(5) the names of at least two spokespersons for the petitioners who shall thereafter be authorized by the petitioners to respond to any requests from the City for additional information. A petition requesting a Homeowner Rental Adjustment shall be attached to the application;the peddon must be signed by a majority of the Homeowners who reside in Mobilehome Spaces for which Rent is collected in the Mobilehome Paris. All petition pages must clearly and uniformly state the reasons for the requested Homeowner Mental Adjustment Such language must match the language used on the Application of Mobilehome Space Rental Decrease,which is completed and filed with the Board along with the Homeowner petition page(O. C. Completed AMlic,•ation. Within fifteen 05)days of receiving an application for a Homeowner Rental Adjustment,the Board shall determine if the application is complete. If the application is not complete,the Board shall notify the petitioning Homeowners through the Homeowners' spokespersons in writing that additional information is required to complete the application. D. Notice of Petition. Within fifteen (15)days of determining that a completed application has been submitted.the Board shall notify the park Owner and each Homeowner by mail that: 0) an application to prohibit the implementation of the Annual Rontal Adjustment has been submitted; (2)a summary of the reasons given for the requested Homeowner Rental Adjustment; (3) the Board shalt preswne that the Homeowner Rental Adjustment is warranted; (4) the Park Owner may submit to the Board any papers,records or other written information relevant to rebut the presumption that the Homeowner Rental Adjustment is warranted; and(5) hovr.to contact the Board for further information. E. Presumption Favoring Homeowners. The Board shall presume that the Homeowner Rental Adjustment is warranted and in the absence of any further evidence shall so find. However,a Park Owner may rebut the presumption set forth in this Subsection D with any relevant information. F. Homeowner Adiustment Hearing. the Board shalt conduct a hearing to rule upon the petition in the same manner that the Board conducts Permissive Rental Adjustment Hearings pursuant to Subsection E of Section 11-2.7, above. For purposes of 000135 SENT BY: 4-24-M 6. 11 this Subsection, "Permissive Rental Adjustment" in Section l l-2.7F shall mean Homeowner Rental Adjustment. The Board shall approve prohibitions in the implementation of the Annual Rental Increase to the extent that the Board determines the prohibition to be fair,just and reasonable. G. Implementation of Annual Rental Increase Prior m Hearinz, In the event that the Homeowner Rental Adjustment Hearing is conducted after the expiration of the 60 day notice period of the Ptak Owner's intent to implement the Annual Rental Increase, a Park Owner may implement the Annual Rental Increase. However, the Hoard may order at the Homeowner Rental Adjustment Hearing that the Park Owner rebate to the kloineowners that portion of the Annual Rental Increase that the Board determines that the Park Owner is prohibited from implementing pursuant to Section F.above. 11-2.9 No Vacancy Increases. When a Mobilehome located upon that Mobilehome Space is sold,the Park Owner may not increase the Rent for any such Mobilehome Space except in accordance with the provisions of this Ordinance or when the Mobilehome is removed from the Mobilehome Space and that Mobilehome Space is vacant. 11-2.10 Notice of Rent Increase. Park Owners shall give Homeowners written notice of any increase in their Rent at least ninety(90)days prior to the effective date of the increase. A copy of all rent increase notices shall be forwarded to the Board. 11-2.11 Rental al A g=ements in General. A Homeowner shah be offend a rental agreement for(1) a term of twelve months,or(2)a lesser period as the lJomeowner may request pursuant to the provisions of Civil Code Section 798.18,or(3) a longer period as mutually agreed.upon by both the Homeowner and the Park Owner. No,such agreement shall contain any term or-:conditions with respect to charges for rent,utilities,or incidental reasonable service charges that would be different during the fast tweivef months of the agreement from corresponding terns or conditions that would be offered to the Homeowners on a month-to-month basis. All Rental Agreements shall comply in every respect with the requirements of the California Civil Code as they relate to rental of Mobrilehome Spaces. 11-2.12 ggn.Disgutes -homeowner Complaints. is A. A Homeowner who desires to register a complaint with tho City must submit the Complaint Form required by Subsection B, below, to the City Clerk. Complaint Forms 0001:36 %N l' BY: 4-24-96 ; 8:13 -6042 417/18 18 shall be available at Lancaster City Hall. B. The Complaint Form shall specify: (1)the name and address of the Mobilehome Park; (2) the name,address(including Mobilehome Space number)and telephone number of the person filing the complaint;and(3) the nature of the complaint. A copy of the Lease Agreement currently in effect for the Mobilehome Space which is the subject of the complaint must be attached to the Complaint Form in order for the City to process the complaint. The City may additionally request that the person filing the complaint submit other relevant documents in their possession to the City. Complaints will not be processed until all relevant dtx;ument.q have been submitted to the City. C. ity may request at wigs su mita uon ts_ Park Awners-shail onor reasons e i ner-to-honor a reasunubl C on al-Rental leer-•peke-�oa€d�'o 'tt�t�tettt�tarauant-ts 11-2.7. 11-2.13 A. Liy.Ll. A Park Owner who demands or accepts payment of Rent in violation of this Chapter, shall be liable in a civil action to the Homeowner from whom such payment is demanded or accepted for reasonable attorneys fees and costs,plus damages in an amount of $500 or three (3) times the amount of the payment demanded or accepted in excess of the Rent which could be lawfully charged pursuant to this chapter, whichever is the greater. B• Criminal. Any Park Owner violating this Chapter shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for a period not exceeding six (6) months,or both Fine and imprisonment. 11-2.14 Amendments, This Ordinance may be amended at any time, by Ordinance, adopted by a majority vote of the City Council after a duly noticed public hearing. Sect�i n 2_. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted or published in the manner required by law." 00013'7 California Civil Code 0 Chapter 2.5 0 Mobilehome Residency Law Effective January 1,1996 Article 1.General son who lawftlly occupies a mobilehome, agreement meeting the criteria of subdivision (b) 798.This chapter shall be known and may be cited 798.12."Tenancy"is the right of a homeowner to shall prevail over conflicting provisions of an ordi- as the"Mobilehome Residency Law." the use of a site within a mobilehome park on which mance,rule,regulation,or initiative measure limiting 798.1 Unless the provisions or context otherwise to locate,maintain,and occupy a mobilehome,site `or restricting rents in mobilehome parks,only during requires,the following definitions shall govern the improvements,and accessory structures for human the term of the rental agreement or one or more construction of this chapter. habitation, including the use of the services and uninterrupted,continuous extensions thereof.If the 799.2."Management"means the owner Ora mobile- facilities of the park, rental agreement is not extended and no new rental home park or an agent or representative authorized to 798.14. Unless otherwise provided, all notices agreemetttin excess of 12 months'duration is en- act on his behalf in connection with matters relating required by this chapter shall be either delivered tered into,(hen the last rental rate charged for the to a tenancy in the park. personally to the homeowner or deposited in the space under the previous rental agreement shall be 798.3.(a)"Mobilehome"is a structure designed United States mail,postage prepaid,addressed to the the base rent for purposes of applicable provisions of for human habitation and f4 being moved on a street homeowner at his or her site within the mobilehome law concerning rent regulation,if any. or highway tinder permit pursuant to Section 35790 park. (2)In the first sentence or the first paragraph of a of the Vehicle Code.Mobilehome includes a manu- Article 2,Rental Agreement rental agreement entered into on or atter January 1," { factored home.as defined in Section 18007 of the 798,15.The rental agreement shall be in writing 1993,pursuant to this section,there shall be set forth Health and Safety Code, and a mobilehome, as and shall contain,in addition to the provisionsoth- a provision in at least 12-point boldface type if the defined in Section 18008 of the Health and Safety erwise required by law to be included,all of the rental agreement is printed,or,intapital letters if the Code, but, except as provided in subdivision(b), following:, rental agreement is typed,giving notice to the home- does not include a recreational vehicle,as defined in (a)Theaterm of the tenancy and the rent therefor. owner that the rental agreement will be exempt from Section 799.29 of this code and Section 18010 of the (b)The rules and regulations of the park. . any ordinance,rule,regulation,or initiative measure Health and Safety Code or a commercial coach as (c) A copy of the text of this chapter shall be adopted by any local governmental entity which defined in Section 18001.8 of the Health and Safety attached as an exhibit and shall be incorporated into establishes a maximum amount that a landlord may Code. the rental agreement by reference. Management charge If tenant for rent. (b)"Mobilehome,"for purposes of this chapter, shall provide all homeowners with a copy of this (b)Rental agreements subject to this section shall other than Section 798.73,also includes trailers and chapter prior to February I of each year,if a signifi- meet all of the following criteria: other recreational vehicles of all types defined in cant change was made in the chapter by legislation (1)The rental agreement shall be in excess of 12 Section 18010 of the Health and Safety Code,other enacted in the prior year. months'duration. than motor homes, truck campers, and camping (d) A provision specifying that(1) it is the re- (2) The reWl':agreement shall be entered into trailers,which are used for human habitation if the sponsibility of the management to provide and main- between the management and a homeowner for the occupancy criteria of either paragraph(1)or(2),as twin physical improvements in the common facilities personal and-actual residence of the homeowner. follows,are met: in good working order and condition and(2)with (3)The homeowner shall have at least 30 days (1)The trailer or other recreational vehicle occu- respect to a sudden or unforeseeable breakdown or from the date the rental agreement is first offered to pies a mobilehome site in the park,on November 15, deterioration of these improvements,the manage- the homeowner to accept.or reject the rental agree- 1992.under a rental agreement with a term of one ment shall have a reasonable period of time to repair ,ment month or longer,end the trarlec or gthet retreat' al th a(jdden( Q y�`�� '"' A - :er.,t t,i„ ecu ,�,w"dtV�Y Re ala'd}%r'�'6 � � vehicle oceupi�cl a mot;&Ilomc sde 11 tic pa prior tion ami n mg lbc vnpro�cments roto gout wor'mg e to January 1,1991. order and condition after management knows or rental agreement by notifying management in writ- (2)The trailer or other recreational vehicle oecu- should have known of the breakdown or deteriora- ing within 72 hours of the homeowner s execution of r r `ptes.a mobilehome site in the park for nine or more tion.For purposes of this subdivision,a reasothe rental a��ement nable '�` i continuous months commencing on or after Novem- period of time to repair a sudden tn•unforeseeable (c)If pursuant to paragraph f3 j or(4)01 subdtvl- her 15,1992. breakdown or deterioration shall be as soon as pos- Sion(b),the homeowner rejects the offered rental "Mobilehome"does not include a trailer or other Bible in situations affecting a health or safety condi- agreement or rescinds a signed rental agreement,the recreational vehicle located in a recreational vehicle tion,and shall not exceed 30 days in imy other case homeowner shall be entitled to instead accept,pur- park subject to Chapter 2.6(commencing with See- except where exigent circumstances justify a delay. suant to Section 798.18,a rental agreement for a term tion 799.20),except as otherwise provided in subdi- (e)A description of the physical improvements to of 12 months or less from the date the offered rental vision(b)of Section 799.45. be provided the homeowner during his or her ten- agreement was to have begun. In the event the 798.4."Mobilehome park"is an area ofland where ancy. homeowner elects to have a rental agreement for a two or more mobilehome sites are rented,or held out (f)A provision listing those services which will be term of 12 months or less;including a month-to- for rent, to accommodate mobilehomes used for provided at the time the rental agreement is executed month rental agreement,the rental agreement shall human habitation. and will continue to be offered for the term of contain the same rental charges,terms,and condi- 798.6."Park"is a manufactured housing commu- tenancy and the fees,if any,to be charged for those tions as the.rental agreeinent offered pursuant to nity as defined in Section 18801 of the Health and services. subdivision(b),during the first 12 months,except for Safety Code,or a mobilehome park. (g) A provision stating that management.may options,if any,contained in the offered rental agree- 798.7. "New Construction" means any newly charge a reasonable fee for services relating to the ment to extend or renew the rental agreement. constructed spaces initially held out for rent after maintenance of the land and premises upon which a ' (d)Nothing in subdivision(c)shall be construed to January I, 1990. mobilehome is situated in the event the homeowner: prohibit the management from offering gifts ofvalue, 798.8. "Rental agreement"is an agreement be- fails to maintain the land or premises in accordance other than rental rate reductions,to homeowners who tween the management and the homeowner estab- with the rules and regulations of the park after execute a rental agreement pursuant to this section. lishing the terms and conditions of a park tenancy.A written notification to the homeowner and the failure (e)With respect to any space in a mobilehome park lease is a rental agreement. of the homeowner to comply within 14 days.The that is exempt under subdivision(a)from any ordi- 798.9."Homeowner'is a person who has a ten- written notice shall state the specific condition to be nance,rule,regulation,or initiative measure adopted ancy in a mobilehome park under a rental agreement. corrected and an estimate of the charges to be by any 1-1 governmental entity that establishes a 798.10."Change of use"means a use of the park imposed by management if.the services are per- maximum amount that a landlord may charge a for a purpose other than the rental,or the holding out formed by management or its agent. homeowner for rent,and notwithstanding any ordi- for rent,oftwo or more mobilehome sites to accommo- (h)All other provisions governing the tenancy. nance,rule,regulation,or initiative measure,a mo- date mobilehomes used for human habitation,and 798,16.The rental agreement may include such bilehome park shall not be assessed any fee or other does not mean the adoption,amendment,or repeal of other provisions permitted by law, but need not exaction for a park space that is exempt under. a park rule or regulation.A change of use may affect include specific language contained in state or local subdivision(a)imposed pursuant to any ordinance, an entire park or any portion thereof."Change of laws not a part of this chapter. rule,regulation,or initiative measure.No other fee use"includes,but is not limited to,a change of the 798.17. (a) (1) Rental agreements meeting the or other exaction shall be imposed for a park space park or any portion thereof to a condominium,stock 'criteria of subdivision(b)shall be exempt from any that is exempt under subdivision(a)for the purpose cooperative,planned unit development,or any form ordinance, rule, regulation, or initiative measure of defraying the cost of administration thereof. of ownership wherein spaces within the park are to be adopted by any local governmental entity which (1)At the time the rental agreement is first offered sold. establishes a maximum amount that a landlord may to the homeowner,the management shall provide 798.11."Resident"is a homeowner or other per- charge a tenant for rent. The terms of a rental written notice tothe homeowner ofthehomeowner''s 000135 t right(1)to have at(east 30 days to inspect the rental prohibits or restricts the subletting of a mobilchome change.Notification regarding the change of use of agrccmdnt,and(2)to void the rental agreement by park space by a tenant. the park,or any portion thereof,shall be governed by notifying management in writing within 72 bouts of 798.24.Each common area facility shall be open subdivision(g)of Section 798.56. A prospective the acceptance of a rental agreement The failure of or available to residents at all reasonable hours and homeowner shall be notified prior to the inception of the mnnngcment to provide the written notice shall the hours of the common area facility shall be posted the tenancy. mnke the rental agreement voidable at the at the facility. No homeowner shall be required to 798.28.This management of a mobilehome park homeowner's option upon the homeowner's discov-. obtain liability insurance in order to use common shall disclose,in writing,the name,business address, ery of the failure.The receipt of any written notice area facilities for the purposes specified in Section and business telephone number of the mobilehome provided pursuant to this subdivision shall be 798.51, park owner upon the request of a homeowner. acknowledgedin writing the homeowner. B hY 798.25.(a) When the management proposes an 798.285. The management may cause the re- g)No rental agreement subject to subdivision(a) amendment to the park's rules and regulations,the moval, pursuant to Section 22658 of the Vehicle that is first entered into on or after January 1,1993, management shall meet and consult with the home- Code,of a vehicle other than a mobilehome which is shall have a provision which authorizes automatic owners in the park, their representatives,or both, parked in the park when there is displayed a sign at extension or renewal of,or automatically extends or after written notice has been given to all the home- each enha cel to the park as provided in paragraph renews,the rental agreement for aperiod beyond the owners in the park 10 days or more before the (1)ofsubdivition(a)ofSection22658oftheVehicle i initial stated term at the sole option of either the meeting. The notice shall set forth the proposed Code. management ct the homeowner• amendment to the park rules and regulations and 798.29. The management shall post on a sign 1 (h)This section does not apply Io or supersede shall state the date,time,and location of the meeting. provided by the Department of Housing and Com- other provisions of this part or other state law. (b)Following the meeting and consultation with munity Development only the name, address,and 798.18.(a)A homeowner shalt be offered a rental the homeowners,the noticed amendment to the park phonemrmberofthemobilehome ombudsman desig- agreement for(t)a term of 12 months,or(2)a lesser rules and regulations may be implemented;as to any nated under("hapter 9(commencing with Section period as the homeowner may request or(3)a longer homeowner,with the consent of that homeowner,or 18 150)of Pact 2 of Division 13 of the Health and period as mutually agreed upon by both the home- without the homeowner's consent upon written no- Safety Code,in a conspicuous public place within t owner and management• tice of not less than six months,except for regula- tete mobilehoute park. •(b)No rental agreement shall contain any terms or tions applicable to recreational facilities,which may 798.29.5.Me management n shall provide,by post- conditions with respect to charges for rant utilities, be amended without homeowner consent upon writ- ing notice on the mobilehones of all affected home- or incidental reasonable service charges that would ten notice of not less than 60 days. owners and residents, at least 72 hours' written be different during the first 12 months of the rental . (c)Written notice to a homeowner whose tenancy advance notice of an interruption in utility service of agreement from the corresponding tents or condi- commences within the required period of notice of a mere than two hours for the maintenance,repair,or tions that would be offered to the homeowners on a proposed amendment to the park's rules and regula- replacement of facilities of utility systems over i month-to-month basis. tion undersubdivision(b)shall constitute compli- which the management has control within the park, (c)No rental agreement for a term of 12 months or anee with this section where the written notice is provided'thatthe interruption is not due to an emer- less shall include any provision which authorizes given before the inception of the tenancy. gency. The inanagement shall be liable only for automatic extension of renewal of,or automatically 798.255 Any rule or regulation of a mobilehome actual damaBes sustained by a homeowner or resi- extends or renews,the ramal agreement beyond the park that(a)is unilaterally adopted by the manage- dent for violation of this section. initial term for a term longer than 12 months at the meat(b)is implemented without the consent of the "Emergency,"for purposes of this section,means sole option of either the management or the hone- homeowners,and(c)by its terms purports to deny the interruption of utility service resulting from an owner, homeowners their tight to a trial by jury or which accident or act of nature, or cessation of service 798.19. No rental agreement for a mobtlehome would mandate binding arbitration of any dispute caused by other than the management's regular or shall contain a provision by which the homeowner between the management and homeowners shall beplanned maintemuancce, air,or lacement of utit- Itt iS"8E" Articles I to 8,inclusive,of this chapter.Any such - 798.26.(a)Except as provided in subdivision(b), Article 4.Fees and Charges waivershall be deemed contrary to public policy and and notwithstanding any other provision of law to the void. 798.30.The numagement shall give a homeowner contrary,the ownership or management of a park, written notice¢fany increase in his or her rent at least 798.20. Membership in any private club or subdivision,coop erative,orcondominiumfomobile- organization which is a condition for tenancy in a homes shall have no right of entry to a mobilehome 90 days ford the date of the not be c park shall not be denied on the basis of 798.31.A homeowner shall not be charged a Cee twee,rotor, without the prior written consent of the resident for other than rent utilities, and incidental rea- status. religion, sex, national origin, ancestry,or marital Such conseni may be revoked in writing by the sonable charBes for services actually rendered. resident at any time.The ownership or management 798.22.(a) in any new mobitehome park that is shall have a right of entry upon the land upon which homeowner shall not he charged ( fes for developed after January 1,1982,mobik tome spaces a mobilehome is situated for maintenance of utili- f12mobtaining a lease on a mobilehome ser a rind lot for m o term shall not be rented for the accommodation of recre- ties,for maintenance of the premises in accordance of 12 months,or a lesser charas the homeowner ational vehicles as defined by Section 799.29 unless with the rules and regulations of the park when the may request A fee may be charged for a lease of the the mobilehoime park has a specifically designated homeowner or resident fails to so maintain the more than one yearwner fee is mutually agreed upon area within the park for recreational by both the homeowner and management vdtieles,which premises,and protection of the mobilehome perk, 798.32.(s).A homeowner shall not be charged a is separate and apart from the area designated for subdivision, cooperative, or condominium at any fee for serviceskmaily rendered which are not listed mobilehomes.Recreational vehicles may be located reasonable time,but not in a manner or at a time. only in the specifically designated area. which would interfere with the resident's quiet en- in the rental agreement hitless the or she has been (b)Any new mobilehome park that is developed• joyment graven written notice thereof by the management,at atter January I,1982,is urot subject to the provisions least 60 days before imposition of the charge. of this section until is 1 pro . (b) The ownership or management of a park, (b)Those fees and charges specified in subdivision percent of the spaces have subdivision,cooperative,or condominium for me- been .(a)shall be sepkrately stated on any monthly or other rented for the first time. bilehomes may enter a mobilehome without the prior periodic billing to the Homeowner. If the fee or . Article 3.Rules and Regulations written consent of the resident in case of an emer- charge has a liknited duration or is amortized for a 798.23.(a)The owner of the park,and any person gency or when the resident has abandoned the mo- specified period,the expiration date shall be stated employed by the park, shall be subject to, and b"chome, on the initial amice and each subsequent billing to comply with,-all park rules and regulations,to the 798.27• (a)The management shall give written the homeowner while the fee or charge is billed to the same extent as residents and their guests. notice to all homeowners and prospective home- homeowner. (b)This section shall not apply to either of the owner concerning the following matters: (1)the 795.33.(a)A homeowner shall not be charged a i following: nature of the zoning or use permit under which the fee for keeping,a pet in the park unless the manage- (1)Any rule or regulation that governs the age of mobilehome park operates.If the mobilehome park ment actually provides special facilities or services any resident or guest. is operating pursuant to a permit subject to a renewal for pets.Ifspccial pet facilities are maintained by the (2)Acts of a park owner or park empMyee which or expiration date.the relevant information and dates management the fee charged shall reasonably relate are undertaken to fulfill a park owner's maintenance, shall be included in the notice.(2)The duration of to the cost of rnsintenance of the facilities or services management, and business operation responsibili- any lease of the mobilehome park,or any portion silt the number of pets kept in the park. ties. thereof,in which the management is a lessee. (b) if the management of a mobitehome park (c)This section shall not affect in arty way,either (b)if a change occurs concerning the zoning or implements a rule or regulation prohibiting residents to validate or invalidate,nordoes this section"press use permit under which the park operates or a lease P from keeping pets in the park, the new rule or R legislative policy judgment in favor of or against. in which the management is a lessee,all homeowners B re the enforcement of a park rule or regulation which gulation shall not apply to prohibit the residents shall be given written notice within 30 days of that from continuing to keep the pets currently in the park 2 000139 if the pet otherwise conforms with the prewious park Isecurity deposit on or before initial occupancy and charges separately billed.The amount of this rcduc- i rules or regulations relating to pets.However,if the the security deposit may not be in an amount or value tion shall be equal to the average amount charged to ' pet dies or no longer lives with the resident, the in excess of an amount equal to two months'rent that the park management for that utility service for that resident does not have the right to replace the pet. is charged at the inception of the occupancy, in space during the 12 months immediately preceding (c) Any rile or regulation prohibiting residents addition to any rent for the first month.In no event notice ofthe commencement of the separate billing from keeping pets in the mobilehome park shall not shall additional security deposits be demanded of a for that utility service, apply to guide dogs,signal dogs,or service dogs. homeowner following the initial occupancy. Utility services to which this section applies are 798.34.(a)A homeowner shall not be charged a (b)As to all security deposits collected on or after natural gas or liquid propane gas,electricity,water, fee for a guest who does not stay with him or her for January 1,1989,after the homeowner has promptly cable television,garbage or refuse service,and sewer i more than a total of 20 consecutive days or a total of paid to the management within rive days of the date service: 30 days in a calendar year.Such a guest shall not be the amount is due, all of the rent, utilities, and (b)Thi;section does not apply to rental agree- required to register with the management, reasonable service charges for any 12-consecutive- ments entered into prior to January 1. 1991,until (b)A homeowner who is living alone and who month period subsequent to the collection of the extended or renewed on or after that date. wishes to share his or her thobileho ne with one security deposit by the management,or upon resale (c) Nothing in this section shall require rental person may do so,and a fee shall not be imposed by' of the mobilehome, whichever occurs earlier, the agreements to provide for separate billing to home- management for that person. The person shall be management shall,,upon the receipt of a written owners of fees and charges specified in subdivision considered a guest of the homeowner and any agree- request from the homeowner,refund to the home- (a). ment between the homeowner and the person shall owner the amount of the security deposit within 30 -' (d)Those fees and charges specified in subdivision not change the terms and conditions of the rental days following the end of the 12-consecutive-month (a)shall be separatelyaany ted on amonthly lir other m agreement between management and the hoeown- period ofthe prompt payment or the date ofthe resale periodic billing to the homeowner. if the fee or j er.The guest shalt comply with the provisions of the of the mobitehome. charge has a limited duration or is amortized for a rules and regulations of the mobilehome park.. (c)As to all security deposits collected prior to specified period,the expiration date shall be stated 1 (c) A senior homeowner may share his or her January 1,1989,in the event that the mobilehome on the initial notice and each subsequent billing to mobitehome with any person over 18 years of age if park is sold or transferred to any other party or entity, the homeowner while the fee or charge is billed to the that person is providing live-in health care or live-in the selling park owner shall deposit in escrow an homeowner. supportive care to the homeowner pursuant to a amount equal to all security deposits that the park 798.42.(a)The management shall not charge or written treatment plan prepared by the homeowner's owner holds.The seller's escrow instructions shall impose upon a homeowner any fee or increase in rent physician.A fee shall not be charged by management direct that.tipon close of escrow,the security depos- which reflects the cost to the rim. a nt of any for that person.That person shall have no rights of its therein that were held by the selling park owner . fine, forfeiture, penalty. money damages, or fee tenancy in the park,and any agreement between the (including the period in escrow)for 12 months or assessed or awarded by a court of In*against the homeowner and the person shall not change the more,shall be disbursed to the persons who paid the management for a violation of this chapter,includ- terms and conditions of the rental agreement be-. deposits to the selling park owner and promptly paid, ing any attothey's,fees and costs incurred by the tween management and the homeowner.That person within five days of the date the amount is due,all management in connection therewith. ( shall comply with the rules and regulations of the rent,utilities,and reasonable service charges for the (b)A court shall consider the remoteness in time of mobilehome park.As used in this subdivision,"se- 12-month period preceding the close of escrow. the assessment or award against the management of nior homeowner' means a homeowner who is 55 (it)Any and all.security deposits in escrow that any fine,fitirfeiture,penalty.money damages,or fee years of age or older. were held by the selling park owner that are not in determining whether the homeowner has met the 798.35.A homeowner shalt not be charged a fee required to be disbursed pursuant to subdivision(b) burden of proof that the fee or increase in rent is in based on the number'of Members,in his,or her or(c)shall be disbursed to the successors in interest:;,violation of this aectloti;, �«- immediate familvY•4ii'(isexl hi'ifiie AiMiint ilN2MlFi 9ditl�`Yet/ik llFtf8ii3Rt3fit�f mediate family"shall be limited to the homeowner, have the same obligations ofthe park's management into, renewed.or modified on or after January 1, his or her spouse,their parents,their children,and and ownership specified in this section with respect 1995, that permits a fee or increase in rent that their grandchildren under IS years of age: to security deposits.The disbursal may be made in reflects the cost to the management of any money I 798.36.A homeowner shall not be'chatged it fee escrow by a debit against the selling park owner and damages awarded against the management for a `•` for the enforcement of any of the rules and regula- a credit to the successors in interest to the selling park violation of this chapter shall be-void. tions of the park,except a reasonable fee may be owner. 798.43.(a)Except as provided in subdivision(b), charged by management for the maintenance of the (e)The management shall not be required to place whenever a homeowner is responsible for payment land and premises upon which the mobilehome is any security deposit collected in an interest-bearing of gas,water,or electric utility service,management situated in the event the homeowner fails to do so in account or to provide a homeowner with any interest shall disclose to the homeowner any condition by accordance with the rules and regulations ofthe patio on the security deposit collected which a gas,water,or electric meter on the home- after written notification to the homeowner and the (f)Nothing in this section shall affect the validity owner's site measures gas,water,or electric service failure of the homeowner to comply within 14 days. of title to real property transferred in violation of this for common area facilities or equipment,including The written notice shall state the specific condition section. ' lighting,provided that management has knowledge to be corrected and an estimate of the charges to be 798.40.The management shall not acquire a lien of the condition. imposed by management if the,services are per- or security interest,other than an interest arising by Management shall disclose this information prior formed by management or its agent. reason of process issued to enfoice a judgment of any to the inception ofthe tenancy or upon discovery and 798.37.A homeowner shall not be charged a fee court,in a mobilehome located in the park unless it shall complete either of the following: for the entry,installation,hookup,or landscaping as is mutually agreed upon by both the homeowner and (1)Enter into a mttttnl written agreement with the a condition oftenancy except for an actual fee or cost .management. Any billing and payment upon the homeowner fox compensation by management for imposed by a local govemmentat ordinaneeorremuine- obligation shalt be kept separate from current rent. the coat of the portion ofthe service measured by the ment directly related to the occupancy ofthe specific 798.41.(a)Where a rental agreement,including a homeowner's meter forthe common area facilities or site upon which the mobilehome is located and not rental agreement specified in Section 798.17;does equipment to the extent that this cost accrues on or incurred as a portion of the development of the not specifically provide otherwise,the park manage- after January 1,199E mobilehome park as a whole.However,reasonable ment may elect to bill a homeowner separately for (2) Discontinbe using the meter on the home- landscaping and maintenance requihements may be utility service fees and charges assessed by the utility owner's site for the utility service to the common included in the park rules and regulations. The for services provided to or for specsinthepark.Any area facilities and equipment- management shall not require a homeowner or separately billed utility foes and charges shall not be (b)On and after January 1, 1994,if the electric prospective homeowner to purchase,rent,or lease deemed to be included in the rent charged for those meter on the homeowner's site measures electricity goods or services for landscaping from any person, spaces under the rental agreement,and'shall not be for lighting mandated by Section 18602 ofthe Health company,or corporation. deemed to be rent or a rent increase for purposes of and Safety Cook and this lighting provides lighting 798.38. Where the management provides both any ordinance,rule,regulation,or initiative measure for the horneowner i site. management shall be master meter and submeter service of utilities to a adopted or enforced by any local governmental required to comply with subdivision(a). homeowner,for each billing period the cost of the entity which establishes a maximum amount that a Article 4.5.Rent Control charges for the period shall be separately stated landlord may charge a tenant for rent,provided that 798,45. Notwithstanding Section 798.17, "new along with the opening and closing readings for his at the time of the initial separate billing of any utility construction"as defined in Section 798.7,shall be meter.The management shall post in a conspicuous fees and charges the rent chargeable under the rental exempt from any ordinance, rule, regulation, or ' place,the prevailing residential utilities rate sched- agreement or the base rent chargeable tinder the initiative measure adopted by any city,county,or ule as published by the serving utility. terms of a local rent control provision is simul- cityandeounty,which establishes amaximumamount 798.39.(a)The management may only demand a taneously reduced by an amount equal to the fees and that a landlord may charge a tenant for rent. 3 000140 798.49•(a)Except as provided in subdivision(d), of the homeowner,in any mobilehome within the management only for one or more of the following the local agency of any city,including a charter city, . park, reasons: county, or city and county, which administers an (b)Invite public officials,candidates for public (a)Failure ofthe homeowner or resident to comply ordinance,nae,regulation,or initiative measure that office,or representatives of mobilehome owner or- with a local ordinance or state law or regulation establishes a maximum amount that management ganizations to mect with homeowners and residents relating to mobilehornes within a reasonable time may charge a tenant for rem shall permit the manage- and speak upon matters of public interest,in actor- after the homleowner receives a notice of noneom- ment to separately charge a homeowner for any of dance with Section 798.50. pliance from the appropriate governmental agency. the following: (c)Canvass and petition homeowners and resi- (b)Conduct 6y the homeowner or resident,upon (1)The amount of any fee,assessment or other dents for noncommercial purposes relating to mo- the park premises.which constitutes a substantial charge first imposed by a city,including a charter bilehome living, election to public office, or the annoyance to+alter homeowners or residents. city,a county,a city and county,the state,or the initiative,referendum,or recall processes,at reason- (e)Conviction of the homeowner or resident for federal government on or after January 1,1995,upon able Mows and in a reasonable manner,including the prostitution or a felony controlled substance offense the space rented by the homeowner. distribution or circulation of information. if the act resulting in the conviction was committed (2)The amount of any increase on or after January 799,52.Any homeowner or resident who is pre- anywhere on the premises of the mobilehome park, 1, 1995, in an existing fee, assessment or other vented by mamagene rtt from exercising the rights including,butnotlimited to.within the homeowner's charge imposed by any governmental entity upon the provided for in Section 798.51 may bring an action mobilehome.' space rented by the homeowner• in a court of law to enjoin enforcement of any rule, However,tie tenancy may not be terminated for (3)The ammint of any fee,assessment or other regulation,anther policy which unreasonably de- the reason spdcified in this subdivision if the person charge upon the space first imposed or increased on prives a homeowner or resident of those rights. convicted of the offense has permanently vacated, t or after January 1. 1993,pursuant to any state or cuticle 55.Homeowners Meetings with and does not subsequently reoccupy, the mobile- locally mandated program relating to housing con- Management home twined in the Health and Safety Code. (d)Failure ofthehomeowner orresident tocomply (b)If management has charged the homeowner for 798.53.The management shall meet and consult with a reasonable rule or regulation of the park which a fee.assessment,or other cha with the homeowners,upon written tequest,within spedfled in subdi- e t s of the r 30 dayeques,either individually,collet- is part of the jrentah agreement or any amendment vision(a)that was increased or first imposed on or thereto. after January 1, 1993,and the fee,assessment,or lively,or with representatives of a group of home- No act or omission of the homeowner or resident other charge is decreased or eliminated thereafter, th owners who laee lave signed a request to be so rep - shall constitute a failure to comply with a reasonable I the charge to the homeowner shall be decreased or sented on e following matters: eliminated accordingly, (a)Resident concerns regarding exist"park rules rule or regulation unless and until the managementhas i c that are not subject to Section 798.25. iven the homeowner written notice of the ( )The amount of the fee,assessment or other alleged rule or regulation violation and the home charges authorized by subdivision(a)shall be sepa- Cb) S for maintenance of physical int-the park. owns or resident has Called to adhere to the rule or rately stated on arty billing to the homeowner, m �y a �• regalation`*Iihin seven days.However,if a home_ change in the amount ofthe fee,assessment,or other ( ke% alteration, or deletion of service, owner has been given a written notice of an alleged charges that are separately billed pursuant to subdi- equipmeK or physical improvements. . violation'of this same rule or regulation on three or vision(a)shell be considered when determining (d)Ifeagreementsalagreementsoffered purl anSectiont to any 798.17. more occasions within a 12-month period after the rental adjustment under the total ordinance Any collective meeting shall be conducted only homeowner or resident has violated that rule or (lo This section shall not apply to any of the after notice thereof has been regulation,no written notice shall be rred for a following: given to all the est_ •� int homeowners 10 da or mare before the meeting. subsequent violation of the same rule or regulation. (1)Those fees,assessments,rn charges imposed 8 Nothing in this subdivision shall_relieve the ursuant to the Mobikhome Parks Act pan 2. Amide 6.Termination of Tenancy commenemg wn echo )Of-DiVW6d 13 Of-Dmo inof and declaresta that the Health and Safety Code), unless specificallybecauseofthehigh cost ofmovingmobilehomes,the m e or reg.Mian has m feet been violated. authorized by Section 18502 ofthe Health and Safety Potential for damage resulting therefrom,the require (e) (1) Nonpayment of rent utility charges, or reasonable incidental service charges;provided that ment Code. s relating to the installation of mobilehomes, the amount dine has been unpaid for a period of at (2)Those costs that are imposed on management and the cost of landscaping or lot preparation,it is .feast five days'sfrom its due date,and provided,that by a court pursuant to Section 798.42. necessary that the owners of mobilehomes occupied the homeowner shall be given a three-day written (3)Any fee or other exaction imposed upon man= within mobitehomeparksbeprovidedwiththeunique notice sunt to that rive-day period to pay the agement for the specific purpose of defraying the protection from actual or constructive eviction af- amount due or to vacate the tenancy.For purposes-of cost of administration of any ordinance,rule,regula- forded by the provisions of this chapter, this subdivision,the five-day period does not include tion,or initiative measure that establishes a maxi- (b)The management shall not terminate or refuse the date the palymem is due.The three-day written mum amount that management may charge a tenant to renew a tenancy,except for a reason specified in notice shall be given to the homeowner in the manner for rent. this article and tprot the giving of written notice to prescribed by rescrib ;Section 1162 of the Code of Civil (4)Any tax imposed upon the property by a city, the homeowner in the manner prescribed by Section Procedure.A copy of this notice shall be sent to the including a charter city,county,or city and county. 1162 of the Code of Civil Procedure,to remove the persons or entities specified in subdivision(b)of (e)Those fees and charges specified in subdivision tnobilehome from the park within a period of not less Section 798.55 within 10 days after notice is deliv- (a)shall be separately stated on any monthly or other than 60 days,which period shall be specified in the cred to the homeowner.If the homeowner cures the periodic billing to the homeowner. If the'fee or notice.A copy of this notice shall be sent to the legal default,the notice need not be sent.The notice may charge has a limited duration or is amortized fora owner.as defined in Section 18005.8 of the Health be given at tht same time as the 60 days' notice specified period.the expiration date shall be•stated and Sa%ty Code,each junior Iienholder,as defined required for teaanination of the tenancy. on the initial notice and each subsequent billing to in Section 18005.3 of the Health and Safety Code, (2)Payment by the homeowner prior to the ezpi- the homeowner while the fee or charge is billed(o the and the registered owner of the mobilehome,if other ration of the three-da notice t homeowner, than the homeowner,b United States mail within 10 Y Period shall cure e y default under subdivision. in the event the ' Article 5.Homeowner Communications days after notice to the homeowner.The copy may be homeowner does not pay prior tothe expiration ofthe and Meetings sem by regular mail or by certified orregistered mail three-day notice period,the homeowner shall remain 798.50.It is the intent of the Legislaturein enact- with return receipt requested,at the option of the liable for,all payments due .p until the time the ing this article to ensure that homeowners and resi- management if the homeowner has not paid the rem tenancy is vacated. dents of mobilehome parks have the right to peace- due within three days after notice to the homeowner, (3) Payment by the legal owner, as defined in fully assemble and freely communicate with one and if the first notice was not sent by certified or Section 18005.8 of the Health and Safety Code,any another and with others with respect to mobilehome registered mail with return receipt requested,a copy junior lienholder,as defined in Section 18005.3 of living or for social or educational purposes. of the notice shall again be sent to the legal owner, the Health and Safety Code,or the registered owner, 798.51. No.provision contained in any mobile- each Junior Itenholderi and the registered owner,if as defined in Section 18009.5 of the Health and home park rental agreement,rule,or regulation shall other than the homeowner,by certified or registered Safety Code,if tither than the homeowner,on behalf deny or prohibit the right of any homeowner or marl with return receipt requested within 10 days of the homeowner prior to the expiration of 30 resident in the park to do any of the following: after notice to the homeowner.Copies of the notice calendar days fallowing the mailing of the notice to (a) Peacefully assemble or meet in the park, at shall be addressed to the legal owner,each junior the legal owner, each junior fienholder, and the reasonable hours and in a reasonable manner,for any fnenholder,and the registered owner at their address- registered owner provided in subdivision(b)of Sec- lawful purpose.Meetings may be held in the park es,as set forth in the registration card specified in tion 798.55,shall cure a default under this subdivi- community or recreation hall or clubhouse when the Section 18091.5.0f the Health and Safety Code. sion with respect to that payment. facility is not otherwise in use,and,with the consent 798.56. A tenancy shall be terminated by the (4)Cure of a default of rent utility charges.or 4 000141 reasonable incidental service charges by the legal (3) Its request that the management pursue the superior to all other liens,except the lien provided owner.anyjunior lienholder,or the registered owner, termination of tenancy against the homeowner and forinSection 18116.1 ofthe Health and Safety Code, if other than the homeowner,as provided by this its offer to reimburse management for the reasonable . and may enforce the lien pursuant to Section 7210 of subdivision,may not be exercised more than twice attorney's fees and court costs incurred by the man- the Commercial Code. during a 12-month period. agement in that action. (f)All written notices required by this section shall (5) If a homeowner has been given a three-day (b) In the event that the legal owner or junior be sent to the other party by certified or registered notice to pay the amount due or to vacate the tenancy 'lienholder exercises any option described in para- mail with return receipt requested. on three or more occasions within the preceding 12- graph(2)or(3)of subdivision(a),and has the right 798.57.The management shall set forth in a notice month period,no written three-day'notice shall be to sell the mobilehome within the park to a third party of termination,the reason relied upon for the ler mi- required in the case of a subsequent nonpayment of in accordance with this article,that person or entity nation with specific facts to permit determination of rent,utility charges,or reasonable incidental service shall have the right to keep the mobilehome on the the date,place,witnesses,and circumstances con- charges. site within the mobilehome park until it is resold as erring that reason.Neither reference to the section in that event the management shall give written long as the person or entity performs all of the number or a subdivision thereof,nor a recital of the notice to the homeowner in the mamterprescribed by following acts: language of this article will constitute compliance Section 1162 of the Code of Civil Procedure to (1)(A)Satisfies,within the time period specified with this section remove the mobilehome from the park within a in subdivision(a),all of the homeowner's responsi- 798.58: No tenancy shall be terminated for the period of not less than 60 days,which period shall be bilities and liabilities owing to the-management for purpose of making a homeowner's site available for - specified in the notice.A copy ofthis notice shall be the 90 days preceding the mailing of the notice of a person who purchased a mobilehome from the sent to the legal owner,each junior lienholder,and termination of tenancy and then continue to satisfy. owner of the park or his agent the registered owner of the mobilehome,if other than them as they accrue from the date of the mailing of .-798.59.A homeowner shall give written notice to the homeowner, as specified in paragraph (b)of that notice.until the date the mobilehome is rwol& the management of not less than 60 days before Section 798.55,by certified or registered mail return (B) Performance under this paragraph does not vacating his or her tenancy. receipt requested within 10 days after notice is sem cure the default of the homeowner. 798.60. The provisions of this article shall not to the homeowner. (C) For purposes of this paragraph,the"Home- affect any rights or proceedings set forth in Chapter (f)Condemnation of the picic owner's responsibilities and liabilities"hmearus ali 4(commencing with Section 1159)of Title 3 of Part (g) Change of use of the park or any portion rents,utilities,reasonable maintenance charges of 3ofthe Code ofCivilProcedure except asotherwise thereof,provided: the mobilehome and its premises,and reasonable provided herein. (t) The management gives the homeowners at maintenance of the mobilehome and its premises 798.61.(a)(])As used in this section,"abandoned least 15 days' written notice that the management pursuant to existing park rules and regulations. mobilehome"means a mobilehome abort which all will be appearing before a local governmental board, (2)Within the time period specified in subdivision of the following are Man. commission,or body to request permits for a change (a),commences all repairs and necessary corrective (A)it is located in a mobilehome park on a site for of use of the mobilehome park. actions so that the mobilehome complies with park which no rem has.been paid to the management for (2)After all required permits requesting a change rules and regulations in existence at the time the the preceding 60 days. t of use have been approved by the local governmental ,notice of termination of tenancy was gived as well as (B)it is unoccupied board,commission,or body,the management.-shall the health and safety standards specified in Sections (C)A reasonable person would believe it to be give the homeowners six months'or more written 18550,18552,and 18605 of the Health and Safety abandoned notice of termination of tenancy. Code,and completes these repairs and corrective (2)For purposes of this section:.. - I f the change of use requires no local governmental actions within 90 calendar days of that notice,or (A)"Mobilehome"shall include a trailer coach,as permits,then notice shall be given 12 months of more before the date the mobilehome is resold,whichever defined in Section 635 of the Vehicle Code,or a ptiortothemanagement'sdetemurgogpth.dilpg s�eatliec ;stryy,yjgµ:+ r a�;3yF,.4. r tiornal vehicles as defined in Section 18010 of 60 of use will occur.The management in the notice shall (3)Complies with the requirements of Article 7 the Health and Safety Code,if the trailer coach or disclose and describe in detail the nature of the (commencing with Section 798.70)as it relates to the . recreational vehicle also satisfies the requirements change of use. Itransfei of the mobilehome to a third party, ofparagraph(1),including being located on any site (3)The management gives each proposed home- (4) Reimburses the management the amount of within a mobilehome park,even if the site is in a owner written notice thereof prior to the inception of reasonable attorney's fees and court costs as agreed separate designstedsectiohputauanttoSection 18215 his or her tenancy that the management is requesting upon by the management and the legal owner or of the Health and Safety Code. a change of use before local governmental bodies or .junior lienholder,incurred by the management in an (B) "Abandoned mobilehome" shall include a that a change of use request has been granted. action to terminate the homeowner's tenancy,where mobilehome which is uninhabitable because of its .c(4) The notice requirements for termination of a request is made pursuant to paragraph (3) of total or partial destruction which cannot be rehabili- tenancy set forth in Sections 798.56 and 798.57 shall subdivision(a).The reimbursement shall be paid to tated,if the mobilehome also satisfies the require- be followed if the proposed change actually occurs: the'management on or before the earlier of(A)the ments of paragraph(1). (5)A notice of a proposed change of use given 60th calendar day following receipt of written notice (b)Atter determining a mobilehome in a mobile- prior to January 1, 1980, which conforms to the from the management of the aggregate amount of home pgrk to be an abandoned mobilehome, the requirements in effect at that time shall be valid.The those reasonable attorney's fed and costs or(B)the matragement shall post a notice of belief of abandon= requirements fora notice ofaproposedchange ofuse date the mobilehome is resold. - ment on the mobilehome for not less than 30 days, imposed by this subdivision shall be governed by the (c)to the event the legal owner or junior lienholder and shall deposit copies of the notice in the United law in effect at the time the notice was given. does not respond to the notice provided by manage- States mail,postage prepaid,addressed to the hone- (h)The report required pursuant to subdivisions ment by notifying management in writing of its owner at the last known address and to any known (b)and(i)of Section 65863.7 of,the Government election pursuant to subdivision (a), or does not registered owner,if different from the homeowner, Code shall be given to the homeowners or residents satisfy the requirements of subdivision (b),-that and,to any.known holder of a security interest in the at the same time that notice is required pursuant to person or entity shall have.rro rights to sell the abandoned mobilehome:This notice shall be mailed subdivision(g)of this section, mobilehome within the park to a third party. by registered or certified mail with a..to.. receipt 798.56a.(a)Within 60 days following receipt,or (d) In the event the homeowner files for bank- requested. no later than 65 days after the mailing,of the notice ruptcy,the periods set forth in this section are tolled (c)Thirty or mom days following posting pursuant of termination of tenancy pursuant to any reason until the mobilehome is released from bankruptcy. to subdivision(b),the management may file a peri- _ provided in Section 798.56,the legal owner and each (e)Notwithstanding any other provision of law, lion in the•municipal or justice court for the judicial junior lienholder shall notify the management in including,but trot limited to,Section 18099.5 of the district in which the mobilehome park is located for writing of at least one of the following: Health and Safety Code,in the event neither the legal a judicial declaration of abandonment of the mobile- j (1)Its offer to sell the obligation secured by the owner nor a junior lienholder,if any,notifies the home.Copies ofthe petition shall beserved upon the mobilehome to the management for the amount management of its decision pursuant to subdivision homeowner,any known registered owner,and any j specified in its written offer. in that event, the. (a)within the period allowed,or performs as agreed known person having a lien or security interest of management shall have 15 days following receipt of. within 30 days,the management may either remove record in the mobilehome by posting a copy on the the offer to accept orreject the offerin writing.if the the mobilehome from the premises and place it in mobilehome and mailing copies to those persons at offer is rejected,the person or entity shall have 10 storage or store it on its site.In this case.notwithstand- their last known addresses by registered or certified days in which to exercise one of the other options ing any other provision of law,the management shall mai)with a return receipt requested in the United contained in this section and shall notify manage- have a warehouseman's lien in accordance with States mail,postage prepaid. ment in writing of its choice. Section 7209 of the Commercial Code against the (d) (1) Hearing on the petition shall be given (2)Its intention to foreclose on its security interest mobilehome for the costs of dismantling and mov- precedence over other mattes on the court's calen- in the mobilehome. ing,if appropriate,as well as storage,which shall be dar. 5 000142, (z) If, at the hearing, the petitioner shows by a Article'7:Transfer of Mobilehorne or approval for resklency in a park unless the manage- preponderance of the evidence that the criteria for an Mobilehorne Part ment performs Ji specific service in the sale. The ahandnneJ mobilehome has been satisfied and no 079&70. A homeowner, an heir,joint tenant, or management shall not impose a fee,other than for a party establishes an interest therein at the hearing, personal representative of the estate who gains own- credit check in accordance with subdivision(b)of the court shall enter a judgment ofe ens. determine the amount of charges to which —hip of a mobilehome in the mobilehome park Section 798.74,'for an interview of a prospective hich the tperi- through the death of the owner of the mobilehome homeowner. tioner is entitled•and award attorney's fees and costs who was a homenwuuer at the time of his or her death, 798.73• The management shall not require the to the petitioner.For purposes of this subdivision an removal of a mobilehome from the in the event interest in the mobilehome shall be established b °r the agent of any such person,may advertise the P Y sale or exchange of his or her mobilehome;or.if not of its sale to a third party during the term of the evidence of a right M possession es the the mobilehome prohibited by the temp of an agreement with the homeowner's rfntal agreement. However, in the or a security or ownership interest in the mobile may,mann ementadvertise the rental of his or her event ofa sale toe third patty,in order to upgrade the home. 8 y veli of the (3)A default may be entered by the court clerk mobilehome,by displaying a sign in the window of quality pa*. matiagemem may require that the mobilehome,or by a sign posted on the side of the a mobilehome be removed from the park where: upon request of the petitioner,and a default judg- mobilehome facing the street,or by a sign in front of (a)It is not a"aabilkhome"within the meaning of merit shall be thereupon entered, if no responsive the mobilehome facing the street,stating that the Section 798.3. pleading y riled mail.within IS days ager service of petition by the mobilehome is for sale or exchange or,if not prohib- (b)It is more than 20 years old,or more than 25 ited,for tent by the owner of the mobilehome or his years old if mart faehtred after September 15,1971, (e)(I)Wit,th 10 days following a judgment he$ of or her agent.Any such person also may display a sign and is 20 feet wide or more,and the mobilehome does abandonment,the management shall enter the aban- conforming to these not comply with the health and safety standards doped mobilehome And complete an inventory of the g rcquurements indicating that the provided in Sections 18550,18552,and t 8605 of the contents and submit the invent to the court 2 mobilehome is on display for an "open house," inventory ( ) During this period the management shall post and unless the park rules prohibit the display of an open Health and Safety Code and the regulations estab- Ouse sign The sign shall state the name,address, fished thereunder,has determined following an in- home notice r t abandoned mobile- i and telephone number of the owner of the mobile- spection by the appropriate enforcement agency,as home and itss invent to sett contents tender this sechon,and an- home or his or her agent and the sign face shall not defined in Section 18207 of the Health and Safety nouncing the date of sale, in the some"Winner a, exceed 2d noetics in width men)under subdivision(b). and 36 inches in height. Code. Provided for the pollee of Jerermination ofabandon- Signs posted in front of a mobilehotrue pursuant to (c)The molnldame is more than 17 Years old,or this section may be of an H-frame or A-frame design mare than 25 years old ifmarmfactured after Septem- (3)Atony time prior to sale ofa mobilehome under with the sign face perpendicular to,but not extending ber 15,1971,anal is less than 20 feet wide,and the this section,Any person having a right a possession into,the street Homeowners may attacto t reHomeowh he sign mobilehome doe;not comply with the construction of the mobilehome may recover and move it from the premises upon payment to the management*fall or their mobtlehorrue tubes or holders for leaflets and safety stand"under Sections 18550, 18552, which provide information on the mobilehome for and 18605 of the Health and Safety Code and the rentor other charge due.including the ours costs sale,exchange,or rent. regulation established thereunder, as determined storage and other costs awarded by the court Upon 798.71.(a)The management shall not show or list following an inspection by the appropriate enforce- homereceipt ofthis the payment and removal this the mobile. foi sale a manufactured hone or mobilehome with- ment agency,.as defined in Section 19207 of the home from the premises pursuant to this paragraph, out first obtaining the owner's written authorization. Health and Safety Cade. . the management shall immediately file an acknowl- The authorization shall specify the terms and condi- (d)it is in a significantly iundown condition or in Segment of satisfaction d judgment opursuarit re to hens regarding the showing o listing. disrepair,as determined by the general condition of Section Following 0 he the Code of Civil Procedure The mane the mobikhone and its acceptability to the health (Q Following the judgment of abandonment.but �) management shall prohibit neither the not less than 10 days following the notice of sale listing nor the sale of a manufactured home or and safety of the occupants and to the public,exclu- specified in subdivision-(ey,.the mobilehome within the b the homeowner an sive of its age.TI*management shall use reasonable conduct a public sale of the abandoned mobilehome' err,joint,eniv - estate who gains ownership of a mobilehome in the the mobilehome;and its accessory structures. The and its contents.The management may bid in the sale mobilehome park through the death of the owner of management shah bear the burden of demonstrating and shall have the right to ofFset its bids to the extent the mobilehome who was a homeowner at the time of that the mobilehoine is in a significantly rundown of the total amount due it under this section.The his or her death,or the agent ofarry such person other condition or in disrepair.The management shall not Proceeds of the sale shall be retained by the manage- than the management, nor require the selling require repairs add improvements to the park space meet,but any unclaimed amount thus retained over homeowner, or an heir,joint tenant or personal or property owiiod b'the management,except for and above the amount to which the management is representative of the estate who gains ownership al damage caused by the homeowner. entitled under this section shall t deemed abtm- a mobilehome in the mobilehome park through the 798.74.(a)Themanagement may require the right of doped property and shall ser pato into the treasury 0 death of the owner of the mobilehome who was a ofprior approval ofa purchaser ofa mobilehome that the county d which the sale took place within er homeowner at the time of his or her death,to autho- well remain in thepark and that the selling honeown- days of the date of the sate.The former homeowner rize the management to act as the agent in the sale of er or his or her agent give notice of the sale to the or any other owner may claim any o all of that a manufactured home tri mobilehome ere a condition management before the close of the sale.Approval unclaimed amount within one year from the date ie of management's approval of the b or uamnnt be withheld if the purchaser has the financial Payment to the coon B� X098 °� county county other making application a the five homeowner for residency in the park. ability to pay the tem and charges of the park unless county tI f the c u other official r all of-tated by the Nothing in this section shall be construed as affect- the management reasonably determines that,based county. if the county pays any o all of that no- ing the provisions of the Health and Safety Code on the purchaser's prior tenancies,he or she will not claimed amount to a claimant,neither the county not governing the licensing of mamifacttrred home or comply with the rides and regulations of the park.In any officer or employee of the county is liable to any mobilehome salespersons or dealers. determining whether the purchaser has the financial other claimant 0 a the amount paid 798.72.(a)The management shall not charge a' ability to pay the rent and charges of the park,the (g) Within 30 days of the date rt the sale,the homeowner,an heir,joint tenant;or personal mpre- management shall not require the purchaser to sub- management shall submit to the court an athe dispo. sentative of the estate who gains ownership of a mit copies of any personal income tax returns in Of the moneys received from the sale and the dispo- mobilehome in the mobilehome park through the order to obtain approval for residency in the park, sition of the money and the items contained in the death of the owner of the mobilehome who was a However,management may require the purchaser to inventory submitted to the court pursuant to subdivi- homeowner at the time of his or her death,or the document the amount and source of his or her gross Sion (e). at The management ,shall provide the Agent of any such person a transfer or selling fee as monthly income or means of financial support. purchaser at the sale with a copy of the judgment of a condition ofa sale of his mobilehome within a park Upon request of any prospective homeowner who abandonment and evidence rt m the sale,as shall be unless the mairageem performs a service in the'• proposes to purchase a mobilehome that will remain specified by the State Department of Housing and sale The management shall not perform any such in the park,management shall inform that person of Community Development or the DepartmentofMotor service in connection with the sale unless so re- the information management will require in order to Vehicles,which shall register title in the abandoned_ quested.in writing,by the homeowner,an heir,joint determine if the person will be acceptable as a mobilehome to the purchaser upon presentation tenant,or personal representative of the estate who homeowner in the park.Within 15 business days of thereof.The sale shall pats title to the purchaser free gains ownershtpof a mobilehome in the mobilehome for receiving all of the information requested from the of any prior interest including any security interest park through the death of the owner of the mobile- Prospective homeowner,the management shall no- or lien• except the Iter provided for in Section home who was a homeowner at the time of his or her "Y the seller and the prospective homeowner, in I S I t of the Health and Safety Code, in the death,or.the agent of any such person. writing, of either acceptance or rejection of the abandoned mohilehome• (b) The management shall not charge a pro- application,and the reason if rejected. During this spective homeowner or his or her agent,upon pun- 15-dayperiodthe prospective homeowner shall com- chose of a mobilehome• a fee as a condition of ply with the management's request, if any, for a • � 6 000143 personal interview.if the approval of a prospective and its premises which have arisen since the death of notice of sale shall be given. homeowner is withheld for any reason other than the homeowner have been satisfied as they have (2)The resident organization has first notified the i those stated in this article,the management or owner accmcd pursuant to the rental agreement in effect at park owner or manager in writing that the Park may be held liable for all damages proximately the time of the death of the homeowner ftp until the residents are interested in purchasing the park.The resulting therefrom, date the mobilehome is resold. initial notice by the resident organization shall be (b)If the management collects a fee or charge from (b) in the event that the heir,joint tenant, or made prior to a writtdn listing or offer to sell the park a prospective purchaser of a mobilehome in order to personal representative of the estate does not satisfy by the park owner, and the resident organization obtain a financial report or credit rating, the full the tequirements of subdivision(a)with respect to shall give subsequent notice once each year thereaf- amount of the fee or charge shall be credited toward the satisfaction of the homeowner's responsibilities ter that the park residents are interested in purchasing payment of the first month's rent for that mobile- and liabilities to the management which accrue the park. home purchaser. if, for whatever reason,the pro- pursuant to the rental agreement in effect at the time (3).The resident organization has furnished the spective purchaser is rejected by the management of the death of the homeowner, the management park owner or park manager a written notice,within the management shall refund to the prospective shall have the right to require the removal of the five days,ofanychange indie name oraddress ofthe purchaser the full amount of that fee or charge within mobilehome from the park. ' officers of the resident organization to whom the 30 days from the date of rejection.if the prospective (c)Prior to the sale of a mobilehome by an heir, notice of sale shall be given.. .. purchaser is approved by the management,but,for joint tenant,or personal representative of the estate, (c)Nothing in this section affects the validity of whatever reason, the prospective purchaser elects that individual may replace the existing mobilehome title to real property transferred in violation of this not to purchase the mobilehome,the management with another mobilehome,either new or used. a section,although a violation shall subject the seller may retain the fee,or a portion thereof,to defray its repair the existing mobilehome so that the mobilo to civil action pursuant to Ar ide.8(commencing administrative costs under this section. home to be sold complies with health and safety with Section 798.84)by homeowner residents of the 798.75.(a)An escrow,sale,or transfer agreement standards provided in Sections 18550, 18552,and park or the.resident organization. involving a mobilehome located in a park at the time 18605 of the Health and Safety Code,and the rep- (d)Nothing in this section affects the ability of a of the sale,where the mobilebomeistoremain inthe lationsesmblishedthemunder.lntheeventthemobile- licensed real estate broker,as damned in Article I park,shall contain a copy of either a fully executed home is to be replaced,the replacement mobilehome (commencing with Section 10130)of Chapter 3 of rental agreement or a statement sighed by the pant's shall also meet current standards of the park as Part 1 of Division 4 of the Business and Professions management and the prospective homeowner that contained in the park's most recent written require- Code,to collect a commission Pursuant to an ex- the parties have agreed to the terms and conditions of menta issued to prospective homeowner*. ecmted contract between the broke'and the mobile- a rental agreement. (d)In the event the heir,joint tenant,or personal home park owner. (b)in the event the purchaser fails to execute the representative of the estate desires to establish a (e)Subdivision(a)does not apply to any of the rental agreement,the purchaser shall not have any tenancy in the park,that individual shall comply with following: : rights of tenancy. those provisions of this article which identify the (1)Any sale or other transfer by a park owner who (c)In the event that an occupant of a mobilehome requirements for a prospective purchaser of a mo- is a natural person to any relation specified in Section x has no rights of tenancy,and is not otherwise entitled bilehome that remains in the park. 6401 or 6402 of the Probate Code. to occupy the mobilehome pursuant to this chapter, 798.79.(a)Any legal owner or junior lienholder (2)Any transfer by gift devise,or operation of .. the occupant is considered an unlawfisl occupant if, who forecloses on his or her security interest in a law. after a demand is made for the surrender of the. mobilehome located in a mobilehome park shall (3)Anytransferbyaeorporatiaatoaneffiliate As mobilehome park site,for a period of five days,the have the right to sell the mobilehome within the park used in this paragraph,"aflilieW*mesrts any share- occupant refuses to surrender the site to the mobile- to a third party in accordance with this article,but holder of the transferring corp01116M say corpora— home park management.In the event the unlawful only if all of the homeowner's responsibilities and tion or entity owned or controlled,directly or indi- i .occupant fails to comply with the demand,:the un- .liabilities to the management n�aading.tent;tttili- recti 'the,traa+ferrimg ration.a other lawful occupant shall be subject tb the pioededi4's' Sieg' RA AI�' gl1 Q 1 �: �� set forth in Chapter 4 (commencing with Section and its premises are satisfied by the foreclosing rectly,by any shareholder of the transferring corPo- 1159) of Title 3 of Part 3 of the Code of Civil creditor as they accrue through.the date the mobile- ration. Procedure. home is resold (4)Any transfer by a pmniership to any of its y (d)The occupant of the mobilehome shall not be (b)In the event the legal ownerorjuniorlienholder partners considered an unlawful occupant and shall not be has received from the management a copy of the (5)Any conveyance rambling from the judicial or subject to the provisions of subdivision(c).if all of notice of termination of tenancy for nonpayment of nonjudicial foreclosure ofa mortgageor deed oftrust the following conditions are present: rent or other charges,the foreclosing creditor's right encumbering a mobilehome park or any deed given (1)The occupant is the registered owner of the to sell the mobilehome within the park to a third party. in lieu of such a foneclostim { mobilehome. shall also be governed by Section 798.56a. (6)Any sale or transfer between or among joint (2)The management has determined that the oceu- 798.80.(a)Not less than 30•dayi nor more than tenants or tenants in common owning a mobilehome. pant has the financial ability to pay the rent and one year prior to an owner of a mobilehome:park park. charges of the park-,will comply with the rules and entering into a written listing agreement with a (7) The purchase of a mobilehome park by a regulations ofthe park;based on the occupant's prior. licensed real estate broker,as defined'in Article 1 governmental entity under its powers of eminent tenancies,and will comply with this article. (commencing with Section 10 130)of Chapter 3 of domain.. . (3)The management failed or refused to..oftbr the .Part i of Division 4 of the Business and Professions :798.81.The management(1)stall not prohibit the occupant a rental agreement. Code,for the sale of the park,or offering to sell the listing.or sale of a used mobilehome within the park 798.76.The management may require that a pro- park to any party,the owner shall provide written by the homeowner,an heir,joint term- or personal spective purchaser comply with any rule or regula- notice of his or her intention to sell the mobilehome representative of the estate who gains ownership of tion limiting residency based on age requirements park by first-class mail or by personal delivery to the a mobilehome in the mobilehome park through the for housing for older persons,provided that the rule president,secretary, and treasurer of any resident death of the owner of the mobilehome who was a or regulation complies with the federal Fair Housing organization formed by homeowners in the mobile- homeowner at the time of his,or her death,or the Amendments Act of.1988(P.L.100-430)and imple- home park as a nonprofit corporation,pursuant to agent oferry such person other tan the management, menting regulations. Section 23701 v of the Revenue and Taxatkm Code, (2)nor require the selling homeowner to authorize 798.77.No rental or sale agreement shall contain stock cooperative corporation,or other entity for the management to ant as the agent in the sale of a - a provision by which the purchaser or homeowner purposes of converting the mobilehome park to mobilehome as a condition of approval of the buyer waives his or her rights under this chapter.Any such condominium or stock cooperative ownership inter- or prospective homeowner for residency in the park. waiver shall be deemed contrary to public policy and ests and for purchasing the mobilehome park from 798.82.The management,at the time of an aPpli- shall be void and unenforceable. the management of the mobilehome park.An offer to cation for residency,shall disclose in writing to any 798.78.(a)An heir,joint tenant.or personal repre- sell a park shall not be construed as an offer under this person who proposes to purchase or install a manu- sentative of the estate who gains ownership of a subdivision unless it is initiated by the park owner or factured home or mobilehome on a space,on which mobilehome in the mobilehome park through the agent. the construction of the pad or foundation system death of the owner of the mobilehome who was a (b)An owner of a mobilehome park shall not be commenced after September 1,1986,and no other homeowner at the time of his or her death shall have required to comply with subdivision.(a)'unless themanufactured home or mobilehome was Previously the right to sell the mobilehome to a third party in following conditions are met: located, installed, or occupied,that the manufae- accordanee with the provisions of this article,but (1)The resident organization has first famished hared home or mobilehome may be subject to a only if all the homeowner's responsibilities and the park owner or park manager a written notice of schoolfacilitiesfeeurn�rSections53080and53080.4 t liabilities to the management regarding rent,utili- the name and address of the president,secretary,and of,and Chapter4.9(eommencmgwithSection 65995) ties,and reasonable maintenance of the mobilehome treasurer of the resident organization to whom the of Division 1 of Title 7 of,the Government Code. 7 t 000144 Article.$.'' county in which the mobilehome park is located.Atresident without first obtaining the resident's written 61 Actions,Proceedings,and Penalties the time of filing the petition,the petitioner may authorization The authorization shall specify the 4 798.84. (a) No action based upon the manage- obtain a temporary testraining order in accordance ,terms and conditions regarding the showing or list :I. t i` ment's alleged failure to maintain the physical im- with subdivision(a)of Section 527 of the Codi of mg provements in the common facilities in good Work- .Civil Procedure:A temporary order restraining the .Nothing contained in this sectidn shall be coli Ing order or condition or alleged reduction of bervice violation may be granted, with notice; upon the stived to affect the }irovisions of the Health and ,. may be commenced bq a hoiitebwner tiniest the pehtioner'S affidavit showing to.the satisfaction of Safety Code governing the licensing of mobilehome management has been given at least 36 day's pilot -the court reasonable proof of a continuing dr recur salesmen = .; r notice of the intention to commence the Action nn8 violation of a rule or regulation of the mobile 799.3.'fhe ownership or;management shall not (b)The notice shall be in writing,signed by the home park by the named homeowneror resident and' require the removal of a mobilehome from a subdivi a homeowner or homeownerd making the allegationt, that great or irreparable harm would.result to the-': Sion;cooperative,or condominium in the event of its and shall notify the management of the basis of the management or other homeowners or residents of the Sala to a third party -••,,_ ;,.,.;r claim, the specific allegations, and the ten Mks Pdth from continuance or recurrence ofthdMolatioh. 799.4.Chd ownership or management may require requested. A notice by one hontedwiiet shall be (c)A temporary restraining older granted putsdant; the right to prior approval of the purchasef of s "" r deemed to be sufficient notice ofthe specific.allega to this subdivision shall be personally served boon tdo6ileliome'that will remain iu the subdivi§ton, tion to the management of the park by ail of the the respondent irorneowner or resident With the petit' cooperative,or.coridorntnium for mobilehomes and homeowners in the park.' '` : tion.for injunction and notice of hearing thereon.The that the selling resident or his or her agent give notice restraining order shall remain in effect for.a period of.the sale to the ownership or management before (c)The notice may be served in the manner pk-' e scribed in Chapter 5(commencing with Section not to exceed 15 days,except as modified of sooner the Close of the§ate;Approval cannot be withheld if. 1010)of Title 14 of Part 2 of the Code of Civil terminated by the court the purchaser has.the financial ability to pay the fees Procedure. a (d)Within 1S days of fling the petition for an and charges of tbesubdivision cooperative,of to � (d)For purposes of this section,managementShall;;injunction;;a hearing shall be.held thereon:If the: :doinmtunifiiii6i th!< ownership or management t •� .• be deemed to be notified of an alleged failure to courtby clear and eunvincingefinds' easibly deteniethat,e based on the purchaser's maintain the physical i lM.' tits in fhb t 6 ninon 'existence.of a conthiiiin bt recurring viotatioit ofd,�Oot.tesi with P.Y. mpro »tesvoneb�e Mule br tegulatton,of the triobtlehome hues And regulations of the dubdor iivist plc operativle facilities in good working titdef br i oriditioi�'ifh bl stir n alleged reduction of services upon substantial coin- lark,the court Shall issue an injunction prohibiting -'bt condomin a `' : pliancb by the homeowner or horrieownerS.will,the the violation,The duration ofthe injunction shat[riot 749.5:The ownership 6r management may fecjuire provisions of subdivisions (b) and (c);or.When exceed three years.; i that 9 purchaser ofa mobilehome that will remain in ° .. t management hat been notified of the alleged failtire (e)However,not more than three months prior to::the"&vlsion,;cooperattve;or condominium for p . to maintain or the alleged reduction of serviceb by a the expiration of an injunction issued pursuant to thid toobilehotnts,'66d ply;,With,;any rule or regulation state or local ageky Section,the:management of the mobilehome park limiting:imidency based on ago uirements for i (6)If this'notice is served within 30 days?of the .htay petition tlndet this Lection for a new injunction housing�'ot,(ilder persons;pbvidcdhal the rule, s ' expiration of the Applicable statute of limitations the where there has been teturringlit•continuous viola- regulation corirptibs with the provisions of thiol•t T 1 t time for the commencement of theactioit shall be tion of ilte injuneHon or there III d threat.bt future_seta)Farr-Ifouamg Amendments Act of.14$� extended 30 days f vin the service of the notice • violation of the mobilehome.parks ruld$ upon l0il d�0);a6a tmplemen}ittg teguiati (f) This section doiA tier a l to actions tot' termination of the injunction. - sn= i •'`rh74S16',';6u[ +' greCnteh�'shall'�tiit itis aion personal injury" or iiirongful death:` ' i (f)Nothing shell preclude Ii party to at►ktrift , by Akh--Q Oi6h8ser waives his or her rights under 798.85.In any action arisitig out of the p ovisiods .wader this'section from appearing through legal tht provisions of this article,Any such waiver,shall of this chapter the prevailing early shall bb 6difed , counsel br in propria persona, be deemed conlraiy to public policy and void-and i' to reasonable attomey'sfees and costs.Aparty shall (g)The remedyprovided bythissectionisnonexclu- unenforceable. 77 section if the jdilgrii$itt lSiier In lii`6` v1Ti e ,` ,fif all or where the litigation is dismissed in hisor her favor•:fnobilehome park rosy have to terminate a tenancy, ;effectedhomeowners andresidents,at least 72 hours' prior to or during the trial,unless}lie parties other Article 0. : written advance notice.of an interruption to utility wise agree in the settlement or comptoisd:' " Sni di, lsiotiit Cobperati�¢s,ani service of more than two hours for the maintenance, 798.86.In the event i homeowner or former home report,or r4placement of facilities of}rtilitji ayatems owner of ark is the Cohdominjums over Whiclr,the management has control withimthe p Prevailing Party hi a civil action } i 799.As used in this article , , §,ubdivisi para' p against the management to enforce tits or he!trghfs on,too tivd,or condominium,provided under the provisions of this ch ter;the hortieowne, (6)��hIO&management"means the oWn •� m P aP crani ownership tetriiption is not due to an [The in addition to dama' Afforded b law may,i i the• - P of management ofa subdivisrori,cobperatiii •; p of gee y y management shall be.lain bl I for -or condominium fol mobilehomes actual dam' y discretion of the court,be awarded an amount riot to. ages sustained b a homeowner or resi- exceed five hundred dollars($500)for each willful (b) Resident"rneans a person who maintains a:;dent for violation of section. ati this" violation of those provisions by the management resrden`x in S subdivision,cooperative,of condo-:, �� rgetcY."for purposes of this section,means in for nrobilehomes 798.87. (a)The substantial failure of the loan- -� �' .'tet tbe intemgrtion of utility service resulting from am agement to provide and maintain physical [tri- 7".1-This article shall govern the tights of a accideni.or act of nature,or cessation of service provementt in the common facilities in good work- resident of a subdivision,•cooperative, or condo caused by.other than the management's regular or ing order and 'condition shall be deemed it publte minium for tnobilehomes.who has an ownership planned maintenance,repair,or replacement of util- nuisance. Notwithstanding Section.J49 j, Stich a interest in the space, subdivision, cooperative,or ,.try facilities, t ondominium in which hit or het mobilehome is 7gg,g; nratiagement,at the time of an appli- abatemenmay only be remedied 6�,a Crvtj bcilon Dr ideated or installed,Articles i (commencing with cation for resideitcy,shall disclose in wridng to any (b)The substantial violadoh of a rnoliilchonie park Section 798)to 8(commencing with Section 798 84), p who+proposes to purchase or install a manu- rule shall be deemed a public nuisance.Notwithstand- inclusive;shall apply only to a resident of a subdivi- factured home or,mobilehome,on a space or lot,on Ing Section 3491, such a.mrisance may only lie `Mon,cooperative,orcondominiumtotMobilehomea which the construction:of the pad or foundation remedied by a civil action or abatement °Ilio rents or leases a space on which hid or her system commenced after September 1,1986,and no (c)A civil action pursuant}o this section teat'�e mobdehome is located or installed. other manufhctured home ormobilehome was previ- +I brought by a park resident,the park management,or ,exchanl e o his Dirtier mobilehomdent may e or i not se ihe �i hi(� ously locatod,installed,be occupied,that the mane- in the name of the people of California try the district g + o factored home or mobilehome may.be subject to a attorney or the city attorney of the jurisdiction in `;I by the term§of an agreement with the manage ? }�lfacilitidsfeednderSections53080and53080.4 which the park is located merit or ownership,they advertise the rental of his or of and Chapter4.9(commencingwith Section 65995) 798.88.(a)In addition to any right under Article 6 bei mobilehome by displaying,s sign in the window of Division it of Title 7 of,the Government Code. of his or:her mobilehome stating that.the mobile (commencing with Section 798.55)to terminate the ; tenancy of a homeowner,any person in violation of Home is for sale or exchange or,if not prohibited,for a reasonable rule or regulation of a inobilehome park .`rent by the owner of the mobilehome lir hid other may be enjoined t)6M the violhdori as provided in agent The sign shall state the name,address,and i996.Califoru Civil Code telephone numberoftheownerofthemobilehomeor'- 1i11lobilehome Residency Law • :this section. � y l . pe• ,i t his or her agent,and may be at least 13 inches m (b) A tition for an order enjoining g c6(ttind1h J -'width and 12 inches in length. 4ompife and published or recurring violation of any reasonable rule or CAliforni>i Mobtlehome Parkowners Alliance regulation of a mobilehome park may be filed by the. by 799.2.The ownership.or management shall not management thereof with the superior court for the i.show or list for sale,a mobilehome owned b a 73111 Greenhaven Drive,Suite 100 Sacramento CA 95831-3572 000145 I A 5.40.170-5.44.010 tion, prostitution,or obscene or harmful matter, 5.44.090 Application for rent nor shall the use of such language be interpreted adjustment—Evaluation- . • to legalize those types of businesses which from Relevant factors. time to time have been regarded"per se" moral 5.44.100 Application for rent C,- public nuisances.(Ord.925§ 1(part),1982:prior adjustment—Hearing—k. code§ 4815) Determination. 5.44.110 Application for rent d 5.40.170 Applicability of provisions to adult adjustment—Hearing—ApN_yt so theaters and adult bookstores. 5.44.120 Rent increases not made in With respect to adult theaters and adult book- conformity with provisions a,' stores applying for a license and permit under the Tenant's right to refuse to p %J� terms of this chapter, the council shalt make no 5.44.130 Actions brought to recover 1,� determination on such application without first possession of mobile home Ae` considering a report of the city attorney concern- space-�-Retaliatory eviction - k- ing the appropriateness of applying the standards grounds for denial. set out in this chapter. If so advised by the city 5.44.140 Owner to provide tenants with attorney that any or all standards set out in this copy of this chapter. chapter may not properly be applied to the adult 5.44.141 ,Amendment. A bookstore or adult theater application,the coun- 5.44.142 Severability. cil shall not apply such standards.(Ord._ 967 § 1, 1983: prior code§4816) 'Priorhistory.Ords.923,1020.1077.1079,and 1091;priorcode§§ 4800 through 4802.4804 through 4809 and 4811 through 4813. 5.44.010 Purpose and intent. Chapter 5.44 A. There is presently within the city and the surrounding areas a shortage of spaces for the MOBILE HOME PARK location of mobile homes. Because of this short- RENT STABILIZATION* age, there is a very low vacancy rate, and rents Sections: have been for several years, and are presently, 5.44.010rising rapidly and causing concern among a sub- Purpose and intent. stantial number of San Luis Obispo residents. 5.44.020 Exemptions. B. Mobile home tenants,forced by the lack of 5.44.030 Exemptions. suitable alternative housing,have had to pay the 5.44.040 Mobile home park owner rent increases and thereby suffer a further reduc- exemptions under Section tion in their standard of living. 5.44.030(F). C. Because of the high cost and imprac- 5.44.050 City council—Powers and ticability of'tnoving mobile homes,the potential duties. for damage resulting therefrom, the require- 5.44.060 Base space rent— ments relating to the installation of mobile Determination—Allowable homes, including permits, landscaping and site increases without hearing. preparation,the lack of alternative homesites for 5.44.070, Application for rent mobile home residents, and the substantial adjustment—Fee—Contents— investment of mobile home owners in such Notice of request—Hearing. homes, this council finds and declares it neces- 5.44.080 Application for rent sary to protect the owners and occupiers of adjustment—Conduct of mobile homes from unreasonable rent increases, hearing (San Luis Obispo 7_89) 134 00014'7 7t 75 e%r, 7/ L 5.44.020-5.44.020 il recognizes that while at the same time recognizing the need G. However, this counc of park owners to receive a suitable profit on rent stabilization ordinance must be fair and their property with rental income sufficient equitable for all parties and must provide ap- to cover increases in costs of repair, mainte- propriate incentives for mobile home park op- nance,insurance,utilities,employee services, erators to continue their parks profitably, as additional amenities, and other costs of oper- well as to attract additional investors for new ation, and to receive a fair return on their parks. (Ord. 1226 § 1, 1992: Ord. 1117 (part), property. 1988) D. This council finds that the present low vacancy rate and frequent increases are par- ticularly hard upon and unfair to residents of 5.44.020 Definitions. mobile home parks within the city. Large For the purpose of this chapter, certain numbers of these residents are senior citizens words and phrases used herein are defined as and others on fixed incomes who installed follows: their mobile homes in the city when the A. "Capital improvements" means those present inflationary rent increases could not improvements, not previously located in the reasonably have been foreseen. mobile home park, that materially add to the E. Tenants in mobile home parks desiring value of the property. and appreciably pro- to sell their mobile homes may have diffi- long its useful life or adapt it to new uses, culty finding buyers because, upon a change and which may be amortized over the useful of ownership, the park owner is able to raise life of the improvement in accordance with the rent without regard to the city's mobile the Internal Revenue Code and regulati home rent stabilization ordinance. issued pursuant thereto; provided, that t ,X` F. This council finds that it is in the best definition shall be limited to capital improve interests of the citizens of the City of San ments approved by more than fifty percent of Luis Obispo to assist those who are seeking the tenants in the affected park. to sell their mobile homes and those who are B. "Mobile home park" means an area o: seeking to buy such homes to have the same land which rents spaces for mobile homc- fair rental protection as is afforded to those dwelling units. who remain in their mobile homes without C. "Mobile home park owner" or "owner' sale. This council finds that the vacancy con- means the owner, lessor, operator or mar trol provisions originally included in the mo- ager of a mobile home park. bile home rent stabilization ordinance when l). "Mobile home tenant" or "tenant' it was approved by the voters was an effec- means any person entitled to occupy a mobil tive and beneficial provision for the people of home within a mobile home park pursuant t San Luis Obispo living in mobile home parks, ownership of the mobile home or under and should be reinstated. This council fur- rental or lease agreement with the owner c ther finds that provisions allowing annual the mobile home. rent increases together with provisions al- E. "Rehabilitation work" means any rer lowing rent increases upon a showing of ne- ovation or repair work completed on or in cessity protect the park owner's right to a mobile home park performed in order t fair return on investment, thus eliminating comply with the direction or order of a publ_ the need for rent increases above ten percent agency or public utility, or to maintain e. upon change of ownership. isting improvements in a safe and usabl 135 (San Luis Obispo 1-: 0001,18 5.44.030-5.44.040 dition,or to repair damage resulting from fire, 5.44.030 Exemptions. earthquake or other casualty. The provisions of this chapter shall not F. "Space rent:" mneans th consideration, apply to the following tenancies in mobile Jincluding any security deposits,bonuses,ben- home parks: efits or gratuities, demanded or received in A. Mobile home park spaces rented for non- connection with the use and occupancy of a residential uses; mobile home space in a mobile home park, or B. Mobile home parks managed or oper- for housing services provided, but exclusive ated by the United States Government, the of any amount paid for the use of a mobile state of California, or the county of San Luis home dwelling unit. Obispo; C. Tenancies which do not exceed an occu- G. "Change of ownership"means the sale, rental transfer, or exchange of a mobile home Pancy of twenty days and which do not con- subject to the provisions of this chapter, ex- template an occupancy of more than twenty cepting the transfer to tenant's spouse by gift, days; bequest or devise. D. Tenancies for which any federal or state law la regulation specifically prohibits rent H. "Hearing officer" means the duly ap- pointed hearing officer selected from a panel regulation; of qualified hearing officers_ A hearing of- E. Tenancies covered by leases or contracts ficer shall have no financial interest in either which provide for a tenancy'of more than a a mobile home park or a mobile home nor year, but only for the duration of such.lease have been a resident of nor reside in a mobile or contract. Upon the expiration of or other home park. termination of any such lease or contract, this I. "Appellate panel"means a panel of three chapter shall immediately be applicable to qualified hearing officers. A panelist shall the tenancy.No rent increases other than that have no financial interest in either a mobile allowed under the provisions of the lease shall home park or a mobile home nor have been a be allowed during the duration of such a lease resident of nor reside in a mobile home park. or contract. J. "CPI" means the Consumer Price Index F. Spaces in a mobile home park which (1967 = 100)All Items,All Urban Consumers, sells lots for factory-built or manufactured for the Los Angeles/Long Beach/Riverside housing,or which provides condominium own- standard metropolitan statistical area pub- ership of such lots,but only when the dwelling lished by the Bureau of Labor Statistics, unit and the underlying interest in the space United States Department of Labor. If the it is located upon are in the same ownership. CPI is not hereafter published, then any sub- (Ord. 1228''§ 1, 1992: Ord. 1117 (part), 1988) stitute index, or, if none, then the index most 5.44.040 Mobile Dome park owner closely resembling the CPI shall become the exemptions under Section new CPI. 5.44.030(!F). K. "Qualified Hearing Officer." The city A. Any mobile home park owner claiming administrative officer shall maintain a list of an exemption under Section 5.44.030(F) shall available qualified hearing officers. Quali- comply with the following requirements and _ fied hearing officers shall be persons experi- procedures: enced in financial and accounting methods 1. Such mobile Home park owner shall file with knowledge of mediation process and with the city clerk'a statement setting forth rules of evidence. (Ord. 1117 (part), 1988) the basic facts upon which the claim for ex- (San Luis Obispo 1-93) 136 000149 5.44.050-5.44.060 emption rests,such as total number of spaces, (icer shall determine wft the claim o number on long-term leases,identity of spaces exemption is valid, taking into account on long-term leases, expiration date for each relevant evidence, facts and circumstances long-term lease and any other information de- necessary to come to a decision. termined necessary by the city administra- E. The hearing officer's charges shall be tive officer to evaluate the claim. paid by the city. 2. The statement shall include a listing, F. An appeal may be taken from a decision by space number and name, of each tenant of the hearing officer as set forth in Section not on a long-term lease and who would be 5.44.110,including the obligation for the costs affected by the claim of exemption. In addi- of the appellate panel as set forth in subsec- tion, the owner shall provide proof of service tion (D) thereof. (Ord. 1146 § 1, 1989) that all tenants have been notified of the claim of exemption and of the fact that a 5.44.050 City council—Powers and tenant may file an objection within thirty duties. days. Within the limitations provided by law and 3. The statements required to be filed above in addition to any other powers -and duties shall be confidential and not public records the council has, the city council shall have unless and until a hearing officer determines the following powers and duties: otherwise as necessary to conduct a hearing A. To meet from time to time as required as set forth in subsections (D) or (F) of this to receive, investigate, hold hearings on, and section. pass upon the issues relating to mobile home B. An objection to the claim of exemption park rent stabilization as set forth in this may be filed with the city clerk within thirty chapter; 0 days after the notice of claim has been served. B. To direct staff to make or conduct The objection shall state the grounds of the independent hearings or investigations a� objection.The only acceptable grounds for ob- may be appropriate to obtain such informa- jection is that the owner in fact does not have tion as is necessary for the council to carry two-thirds of the spaces in the park on long- out its duties; term leases. C. To adopt, promulgate, amend and re- C. If an acceptable and timely objection is scind administrative rules,as it deems appro- received the owner and the tenant(s) filing priate to effectuate the purposes and policies the objection shall meet and confer to nego- of this chapter. (Ord. 1117 (part), 1988) tiate in good faith and attempt to reach an agreement. If no agreement is reached within 5.44.060 Base space rent— thirty days of the date of filing of the objec- Determination—Allom able tion, the owner shall within ten days notify increases without hearing. the city administrative officer that an agree- A. The "base space rent" for purposes o ment or resolution to the objection has not this chapter shall be the monthly space ren- been reached. The city administrative officer charged as of March 15, 1982 plus any in shall proceed to select a hearing officer as set creases otherwise allowed, pursuant to this forth in Section 5.44.070(E). chapter. The maximum monthly space ren- D. The hearing officer shall set and con- for any space under a lease, upon expiration. duct a hearing as set forth in subsections (E) of the lease, shall be no more than the ren' and (G) of Section 5.44.070. The hearing of- charged in the last month of said lease. Ir 136-1 (San Luis Obispo* 000150 5.44.060-5.44.060 parks where there is an exemption because allowed under this subsection 13 for the 66.67 percent of the spaces are governed by a twelve-month period immediately preceding lease with an initial term of no less than one the month for which CPI information has been year, then the maximum monthly space rent most recently published by the appropriate shall be the space rent designated in leases federal agency. for comparable spaces. A schedule of current 3. It is the intention of this subsection B to rents in the park shall be posted in a conspic- allow for automatic increases in space rent uous place in the park. based on changes in the cost of living as mea- B. Except as otherwise provided in this sured by the CPI. The limitations on such chapter, the maximum monthly space rent increases are intended to minimize the im- may be increased no more than once a year mediate impact drastic changes in the CPI based on the percentage change in the CPI, might have on residents. The limitations are or nine percent, whichever is less, calculated not intended to prevent ultimate adjustments as follows: to allow owners to receive a fair return on 1. The maximum monthly space rent may their property. be increased at a rate equal to one hundred Y', C. The maximum monthly space rent of a percent of the CPI up to five percent and tenant may be-increased by the owner when seventy-five percent of the CPI in excess of there is a change of ownership affecting a five percent calculated as follows: mobile home. However, such increase shall a. The change in space rent shall be calcu- not exceed ten percent of the then existing lated by dividing the ending CPI index by the space rent and may not be relied upon any beginning CPI index. more often than once in any thirty-six-month b. If the resulting quotient is less than 1.05, period as the basis to increase rent In the then it shall be multiplied by the space rent. event of change of ownership resulting from The resulting product shall be the new space subletting of the mobile home space as may rent. be allowed by state law, should such become . c. If the resulting quotient is greater than state law, then upon any such subletting the 1.05,then the difference between the resulting space rent may be increased up to ten percent product and 1.05 shall be multiplied by of the then existing space rent. In the event- seventy-five percent. The resulting product of change of ownership resulting from vaca- shall be multiplied by the space rent and that tion of the space, then the space rent may be product shall be added to the sum derived adjusted to fair market rent in the commu- from Section 5.44.060(B)(1)(b)above.The sum nity. Nothing in this paragraph shall pre- shall be the new space rent. clude an adjustment as may otherwise be pro- d. The beginning CPI index shall be the vided for in this chapter. index for the month used as the ending index D. No owner shall either (1) demand, ac- for the last CPI adjustment. cept or retain a rent of or from a tenant in e. The ending CPI index shall be the index excess of the maximum rent permitted by this for the month twelve months after the begin- chapter, or (2) effect a prohibited rent in- ning index. crease by a reduction of general park facili- 2. At least every two months the city ad- ties and services. However, an owner may ministrative officer shall publish, by means modify the nature of park services if reason- of an advertisement or similar notice in the able allowance is provided to the tenant. For newspaper, the percentage change of the CPI example, if the owner elects to submeter water (San Luis Obispo 1.93) 136-2 000151 5.44.060-5.44.060 so that tenants pay for water consumed by them, then tenants shall receive a reasonable reduction from their base space rent. E. Space rent may be automatically ad- justed based on increases in expenses for common area utilities, new government- mandated services,garbag se ervice and cable television, where applicable. The space rent may be adjusted by dividing the total increase in any such expenses incurred during a twelve-month period by twelve, less the per- centage in the CPI index for the twelve-month period. The quotient shall be allocated to the space rent for each space in the park based on the amount the space rent relates to total space rent for the park. Notice of the increase shall be in writing and shall be given as re- quired by law no less than sixty days prior to any such increase being effective. The notice - -- shall state the amount of the rent increase, the new space rent, the amount of the total increase in expenses and the nature of the expense.A copy of the notice shall be given to the city administrative officer. The city ad- ministrative officer shall have the authority to resolve questions regarding computation of the space rent increase based on this sec- tion. There shall only be one such increase in any twelve-month period.(Ord. 1226§2, 1992; Ord. 1173 § 1, 1990; Ord. 1167 § 1, 1990;Ord. 1146 § 2, 1989: Ord. 1117 (part), 1988) 136-3 Ob J ispo 1-93) 5.44.070 5.44.070 Application for rent thea application objected t PP � o and shall state the adjustment—Fee—Contents— grounds of the abjection. Notice of request—Hearing. 1. A copy of an objection filed by an owner A. Except for automatic increases in base shall be mailed to each of the designated rent allowed under Section 5.44.060,an owner tenant representatives. or tenant may file with the city clerk an ap- 2. A copy of an objection filed by a tenant plication for a rent adjustment("application"). shall be mailed to the owner. The tenant's The application shall state the amount of objection shall designate not more than three the adjustment for each space affected and persons to act as representatives for the ob- the reasons for the adjustment. jetting tenants. The objection must be accom- 1. An application shall be accompanied by panied by a statement containing the names the payment of a fee as may be established and addresses of tenants representing no less from time to time by the council. than fifty-one percent of the spaces affected 2. An application filed by an owner shall by the Owner's application and verifying that be accompanied by a statement that the they object to the application, established by tenant for each space affected has been served secret bdllot eleption. either personally or by mail with a notice de- C. If no.objection is filed to an application scribing the application and the change in within the time allowed, or if less than rent or services. fifty-one percent of the tenants support an 3. An application filed by a tenant shall be objection to an application, then the applica- accompanied with a statement stating that tion will be automatically granted. the owner has been either personally or by D. If an objection is filed within the time mail served with the application and with a Provided, then the owner and the tenant rep- statement designating not more than three resentatives shall meet and confer to nego- persons to act as representatives for the spaces tiate in good faith an agreement regarding affected and containing the names and ad- the application. Either party may request a dresses of tenants representing no less than mediator of their choice to assist in the nego- fifty-one percent of the spaces affected by the tiations, but this is not required. If an agree- application and supporting the application ment is reached;within sixty days, then the tenant representatives shall notify all ten- and established by a secret election. ants affected by the agreement. The tenants 4. A statement shall accompany the appli- shall have ten days to approve or disapprove cation and shall notify the receiving party of the agreement. If tenants representing a that he/she has thirty days to file an objet- majority of the spaces affected fail to disap- tion and if one is not filed within the time prove of the agreement then the agreement allowed,then the application will be automat- shall be binding on the owner and all tenants ically granted. affected. The city clerk shall be notified that B. An objection to the application may be an agreement has been reached. The state- filed with the city clerk within thirty days ments made in negotiations and any agree- after the notice of application has been served. ments reached but not approved shall not be The objection shall identify the portions of admissible in any subsequent hearings re- garding the application. E. If the owner and the tenant representa- tives fail to reach an agreement within the 137 (San Luis Obispo 7.91) 000153 5.44.070 timero p vided or 1f a majority of the tenants disapprove of an agreement reached,then the applicant shall within ten days notify the city administrative officer that an agreement has not been reached. The city administrative of- ficer shall obtain a list of no less than five qualified hearing officers. Owners and ten- ants may each delete one person from the list of qualified hearing officers within seven days and one of the remaining persons shall be selected by the city administrative officer as the hearing officer. Appointment of the hearing officer shall be completed no later than twenty-one days after filing of the no- tice that an agreement has not been reached. F. The hearing officer shall set a hearing r on the application complying with the require- ments of this section no'less than ten days and no more than thirty days after his ap- pointment. The hearing officer shall notify the owner and tenants,in writing,of the time, place and date set for the hearing.No hearing or any part thereof may be continued beyond thirty days after the initial hearing date, without the applicant's consent.If the hearing officer approves an application as requested or as modified, the same shall take (San Luis Obispo 7-91) 138 000154 5.44.080-5.44.090 effect as noticed by the owner or as the hearing A. In applying the foregoing factors. the hear- officer may otherwise direct. (Ord. 1117 (part), ing officer shall utilize the maintenance of net 1988) operating income (MNOI) formula. Under the MNOI allowable gross rents are calculated as 5.44.080 Application for rent adjustment— follows: all operating expenses for the twelve- Conduct of hearing. month period ending December 31, 1981 are sub- A. All review hearings conducted by the hear- tracted from all operating expenses for the ing officer shall be conducted in accordance with twelve-month period immediately preceding the the Ralph M.Brown Act,at Section 54950 et seq. date of the application for which expense data is of the California Government Code and accord- available.In the event operating expenses are not ing to the rules of the American Arbitration available for the ;period ending December 31, Association. 1981, then expenses for a twelve-month period B. All interested parties to a hearing may have reasonably close to December 31, 1981 may be assistance from an attomey or such other person substituted. The difference shall be added to as may be designated by the parties in presenting gross annual rent based on rental rates in effect evidence or in setting forth by argument their on March 15, 1982. The sum shall be the allow- position. All witnesses shall be sworn in and all able gross annual space rent.The allowable gross testimony shall be under penalty of perjury. space rent shall be Fairly apportioned between all C. In the event that either the owner or the spaces in the park. The space rent determined tenant(s) should fail to appear at the hearing at under the N4NOI?;formula shall be adjusted as the specified time and place, the hearing officer follows: may hear and review such evidence as may be 1. There shall be an adjustment to allow for presented and make such decisions as if all par- inflation calculated as follows: the net operating ties had been present. income(NOI)for the base period shall be calcu- D. Owner and affected tenants may offer any lated by subtracting the park's operating testimony, documents, written declarations or expenses for the twelve-month period ending other relevant evidence. December 31, 1982,from the park's annual gross E. Formal rules of evidence shall not apply. space rent based on the space rent in effect on F Minutes shall be taken at all review hear- March 15, 1982. The CPI index for the month ings. (Ord. 1117 (part), 1988) most recently available prior to filing the applica- tion shall be divided by the CPI index for March, 5.44.090 Application for rent adjustment— 1982. The resulting quotient shall be multiplied Evaluation—Relevant factors. by the base period NOI.This shall be the adjusted In evaluating the application the council may NOI. The operating expenses for the twelve- consider,along with all other factors it considers month period immediately preceding the date of relevant, changes in costs to the owner attributa- the application for which information is avail- ble to incrt.ases or decreases in master land and/ able shall be added to the adjusted NOI.The sum or facilities lease rent, utility rates, property shall be the inflation-adjusted gross space rent. taxes, insurance, advertising, variable mortgage The allowable space rent shall be the greater of interest rates, employee costs, normal repair and the space rent calculated using the MNOI for- maintenance, and other considerations, includ- mula and the space rent adjusted for inflation. ing, but not limited to, rehabilitation work, cap- 2. In calculating MNOI there shall be an ital improvements, upgrading and addition of adjustment to the gross space rent in effect on amenities or services, net operating income, and March 15, 1982,if the hearing officer determines the level of rent necessary to permit a just and that the gross space rent in effect on that date did reasonable return on the owner's property. 1 38-1 (San Luis Obispo 7-881 000155 5.44.100-5.44.110 not allow the owner to receive a just and reason- .44-110 Application for rent adjustment— able return on his property. 3. If the hearing officer concludes that the Hearing—Appeal. ppeal. MNOI formula, and the adjustments thereto, A. Any appeal from a decision of the hearing officer shall be filed with the city clerk. The does not provide a just and reasonable return to appellant-shall also mail a copy of the appeal to the owner, then the hearing officer may apply the responding party. The appeal shall state the any reasonable formula, including a return on investment, a return on fair market value, or grounds on which it is based.An appeal filed by a return on equity,to determine a space rent which tenant shall be accompanied by a statement con- will allow the owner to receive a fair and reason- taining the names and addresses of the tenants able return on his property. supporting the appeal. The appeal must be sup- B. The hearing officer shall not consider ported by at least fifty-one percent of the tenants income arising from spaces leased in the ark affected by the appeal. P B. Upon filing of a valid appeal, the city pursuant to Section 5.44.030E of this chapter. administrative officer shall obtain a list of no less Likewise, the hearing officer shall not consider a than seven qualified hearing officers. The hear- pro rata portion of the expenses of park opera- ing officer who previously acted shall not qualify. tion attributable to the leased spaces. (Ord. 1117 Owners and tenant representatives may each (Part), 1988) delete one perrson from the list of qualified hear- ing officers within seven days, and three of the 5.44.100 Application for rent adjustment— remaining g �oshall be selected by the city A. The hearing officer shall make a final deci- administrative officer as the appellate panel. sion no later than twenty days after the Appointment of the appellate panel shall be completed conclusion of the hearing. The hearing officers filin the a no later than twenty-one days after g PPS- decision shall be based on the preponderance of C. At the time set for consideration of the the evidence submitted at the hearing. The deci- appeal,the appellate panel shall review and con- sion shall be based on findings. All parties to the sider the record of the hearing officer's hearing as hearing shall be advised by mail of the hearing well as the decision and finding of the hearing officer's decision and findings. officer. After review and consideration, the B. Pursuant to his findings,the hearing officer appellate panel may either (1) determine that a may further hearing shall be held, or (2) ratify and 1. Permit the requested adjustment to become adopt the decision and findings of the hearing effective, in whole or in part; or officer. If a further hearing is conducted, the 2. Deny the requested adjustment; or appellate panel may, upon conclusion of that 3. Permit or deny, in whole or in parthearing and in no event more than thirty days requested reductions of, or charges for, facilities thereafter, modify or reverse the decision of the or services. hearingofficer, only if the a C. Any decision of the hearing officer shall be Y appellate panel finds final unless, within fifteen days after mailingof that there has been an abuse of discretion or that the decision and findings, the owner or an there is no substantial evidence to support the Y hearing officer's decision. The appellate panel's affected tenant appeals the decision. decision shall be final and no appeal may be D. The hearing officer's charges shall be paid taken to the council. by the city. (Ord. 1117 (part), 1988) D. If the party filing the appeal is unsuc- cessful, then that party shall pay the appellate (San Luis Obispo 7-881 138-2 000156 5.44.120-5.44.142 panel's charges. If the responding party is unsuc- action was brought in retaliation for the exercise cessful, then both parties and the city shall share of any rights conferred by this chapter shall be equally in payment of the appellate panel's grounds for denial. (Ord. 1117 (part), 1988) charges. (Ord. 1117(part), 1988) 5.44.140 Owner to provide tenants with copy 5.44.120 Rent increases not made in of this chapter. conformity with provisions— Any tenant offered a lease or contract which if Tenant's right to refuse to pay. accepted and fully executed would be exempt A tenant may refuse to pay any increase in rent from the provisions of this chapter (Section not made in conformity with this chapter. Such 5.44.030E) shall at the time of the offer also be refusal to pay shall be a defense in any action provided with a copy of this chapter. (Ord. 1117 brought to recover possession of a mobile home (part), 1988) space or to collect the rent increase. (Ord. 1117 (part), 1988) 5.44.141 Amendment. provisionsThe chapter may be 5.44.130 Actions brought to recover amended by amajority vote of the city council. Possession of mobile home space— (Ord. 1117 (part), 1988) Retaliatory eviction grounds for • denial. 5.44.142 Severability. Notwithstanding Section 5.44.120'-in any If any portion; of this cbaptei=is found to be action brought to recover possession of a mobile invalid,then that shall in no way affect the valid- home space, the court may consider as grounds ity of the remaining portions of this chapter for denial any violation of any provision of this (Ord. 1117(part), 1988) chapter. Further, the determination that the 138-3 Ilan Luis Obispo 7-881 00015'7 PROPOSED MOBH.EHOME RENT STABILIZATION OIWINANCE FOR THE CITY OF ATASCADERO 001 Purpose and Intent 002 Definitions 003 Exemptions 004 Mobilehome Rent Review Board 005 Powers and Duties of the Board 006 Determination of Base Rent and allowable Increases 007 Application for Rent Adjustment-Fee-Contents-Notice of Reggest-Hearing 008 Application for Rent Adjustment-Conduct of Hearing 009 Hearing-Determination 010 Appeals Ol l Tenants Right of Refusal 012 Retaliatory Eviction 013 Owner to Provide Copy of This Chapter 014 Amendment 015 Severability 001 Purpose and Intent. There is presently within the city of Atascadero a shortage of spaces for the location of existing mobilehomes. Because of this shortage,there is a very low vacancy rate and rents have been for several years,and are presently, rising rapidly and causing concern among a substantial number of Atascadero residents. Mobilehome tenants, forced by lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a further reduction in their standard of living. Because of the high cost and impracticability of moving mobilehomes,the potential for damage resulting therefrom,the requirements relating to the installation of mobilehomes, including permits,building requirements, landscaping and site preparation, the lack of alternative homesites for mobilehome residents and the substantial investment of mobilehome owners in such homes, it is necessary to protect the owners and occupiers of mobilehomes from unreasonable rent increases,while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in the costs of repair, insurance,maintenance, utilities, employee services,additional amenities, and other costs of operation, and to receive a fair return on their property. 002 Definitions 1. For the purpose of this chapter certain words used herein are defined as follows: a) "Mobilehome park"means an area of land which rents spaces for mobilehome dwelling units. b) Mobilehome park owner or"owner"means the owner, lesser,operator or manager of a mobilehome park 1 000158 c) "Mobilehome tenant" or"tenant" means any person entitled to occupy a mobilehome within a mobilehome park pursuant to ownership of the mobilehome or under a rental agreement with the owner of the mobilehome. d) Mobilehome park rent review board or"board"means mobilehome • park rent review board as established by this chapter. e) "Capital improvements" means those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and regulations issued pursuant thereto, provided that this definition shall be limited to capital improvements either approved by more than fifty percent of the tenants in the affected park or constructed to comply with the direction of a public agency. f) "Rehabilitation work"means any renovation or repair work completed or in a mobilehome park performed in order to comply with the direction or order of a public agency or to repair damage resulting from fire, earthquake or other casualty. g) "Space rent"means the consideration, including any security deposits, bonuses,benefits or gratuities,demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park,or for housing services provided,but exclusive of any amount paid for the use of the mobilehome unit. h) "Just and Reasonable Return on the Property." The phrase"just and reasonable return on the property" shall mean a return based upon the actual capital investment of the owner of the mobilehome park as of which will allow an efficient owner a rate of return, with adjustments for inflation or deflation, sufficient to enable the owner the same net profit as obtained in the year to . The phrase"just and reasonable return on the property" for any mobilehome park completed after ,shall mean a return based upon the actual capital investment of the owner of the mobilehome park as of the date of completion,which will allow an efficient owner a rate of return,with adjustments for inflation or deflation, sufficient to enable the owner to maintain a reasonable profit. The phrase"just and reasonable return on the property" for any mobilehome park purchases after , shall mean a return based upon the actual capital investment of the owner of the mobilehome park at the time of purchase which will allow for inflation or deflation sufficient to enable the owner to maintain the same net profit as obtained in the first full fiscal year after the purchase. i) "CPP' means the Consumer Price Index(1967=100)All Items, All Urban Consumers,for the Los Angeles/Long Beach/Anaheim standard metropolitan statistical area published by the Bureau of Labor Statistics, United States Department of Labor. If the CPI is not hereafter published,then any substitute index, or, if none, then the index most closely resembling the CPI shall become the new CPI. 2 000159 003 Exemptions. The provisions of this chapter shall not apply to the following tenancies in mobilehome parks: a) Mobilehome park spaces rented for nonresidential uses; b) Mobilehome parks managed or operated by the United States Government, the State of California, or the City of Atascadero; c) Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an occupancy of more than twenty days; d) Tenancies for which any federal or state law or regulation specifically prohibits rent regulation; e) Tenancies covered by leases or contracts which provide for more than a month to month tenancy, but only for the duration of such lease or contract. Upon expiration of or other termination of such lease or contract,this chapter shall immediately be applicable to the tenancy; f) Mobilehome parks which sell lots for factory-built or manufactured housing, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out. 004 Mobilehome Rent Review Board. a) There is established a mobilehome rent review board consisting of three members who are city officials other than members of the city council. b) There shall be an alternate member to serve in the absence;of a regular member. C) The regular members shall be 1. Finance Director, 2. Planning Director, 3. City Clerk. The alternate shall be City Manager. d) The board members and alternate shall be persons who are not connected with the mobilehome rental housing industry for their personal gain.None of the members or alternates shall be tenants of a mobilehome park or have any financial interest(as defined by state law)in any mobilehome park. The members and alternates shall file a declaration to this effect in the office of the City Clerk. 005 Powers and duties of the Board. Within the limitations provided by law, the board shall have the following powers and duties: a) To meet from time to time as required by the city council and to utilize the city offices, facilities and personnel as needed; b) To receive, investigate, hold hearings on, and pass upon the issues relating to mobilehome park rent stabilization as set forth in this chapter,or to any decreases in, or charges for, services or facilities; c) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties; d) To increase or decrease maximum rents upon completion of its hearings and investigations; 3 000160 e) To render after every rent review hearing, a written report to the city council concerning its activities, holdings, actions, results of hearing, and all other matters pertinent to this chapter which may be of interest to the city council; f) To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purposes and policies of this chapter. 006 Determination of Base Rent and Allowable Increases. The base rent for purpose of this chapter shall be the monthly space rent as of . Any reduction in service or amenities after that date shall result in a corresponding decrease in rents. a) Lease expiration. Upon the expiration of any lease,the new space rent shall be the rent in effect at the expiration of such lease. b) A schedule of current space rents shall be posted in a conspicuous place in the park. C) Except as otherwise provided in this chapter,the maximum monthly space rent may be increased no more than once a year by an increase over the then existing space rent equal to seventy-five percent of the cost of living increase (All Urban Consumers,Los Angeles,Long Beach,Anaheim area as furnished by the Division of Labor Statistics and Research, State of California, Department of Industrial Relations)for the preceding twelve month period. d) Space rent may be automatically adjusted based on increases in expenses for common area utilities,new government-mandated services set forth in Civil Code, Sec. 798.49 of the Mobilehome Residency Law, garbage service and cable television, where applicable. The space rent may be adjusted by M dividing the total increase in any such expenses incurred during a twelve- month period by twelve, less the percentage in the CPI index for the twelve- month period. The quotient shall be allocated to the space rent for each space in the park based on the amount the space rent relates to total space rent for the park. Notice of the increase shall be in writing and shall be given as required by law no less than ninety days prior to any such increase being effective. The notice shall state the amount of the rent increase,the new space rent,the amount of the total increase in expenses and the nature of the expense. A copy of the notice shall be given to the city manager. The city manager shall have the authority to resolve questions regarding computation of the space rent increase based on this chapter. There shall only be one such increase in any twelve-month period. e) Calculation of the one-year limitation on rental increases as provided herein shall be.from the date that the last increase became effective at the park. f) No increase in rent shall be authorized by virtue of a change in occupancy of a mobilehome. g) No owner shall either(1)demand, accept or retain a rent from a tenant in excess of the maximum rent permitted by this chapter or(2)effect a prohibited rent increase by a reduction of general park facilities or services. 4 000161 007 Application for Rent Adjustment- Fee-Contents-Notice of Request- Rearing_ 1. Owner or tenant may file with the city clerk an application for a rent adjustment ("application"). The application shall state the amount of the adjustment for each space affected and the reasons for the adjustment. a) An application shall be accompanied by the payment of a fee as established from time to time by the city council. b) An application filed by an owner shall be accompanied by a statement that the tenant for each space affected has been served either personally or by mail with a notice describing the application and the change in rent or services. C) An application filed by a tenant shall be accompanied by a statement stating that the owner has been either personally or by mail served with the application and with a statement designating not more than three persons to act as representatives for the spaces affected and containing the names and addresses of tenants representing no less than fifty-one percent of the spaces affected by the application and supporting the application and established by a secret ballot. d) A statement shall accompany the application and shall notify the receiving party that he/she has thirty days to file an objection and if one is not filed within the time allowed,then the application will be automatically granted. 2. An objection to the application may be filed with the city clerk within thirty days after the notice of application has been served. The objection shall identify the portions of the application objected to and shall state the grounds of the objection. a) A copy of an objection filed by an owner shall be mailed to each of the tenants. b) A copy of an objection fled by a tenant shall be mailed to the owner. The tenant's objection shall designate not more than three persons to act as representatives for the objecting tenants. The objection must be accompanied by a statement containing the names and addresses of tenants representing no less than fifty-one percent of the spaces affected by the owner's application and verifying that they object to the application, established by secret ballot election. 3. If no objection is filed to an application within the time allowed, or if less than fifty- one percent of the tenants support an objection to an application,then the application will be automatically granted. 4. If an objection is filed within the time provided, then the owner and the tenant representatives shall meet and confer to negotiate in good faith an agreement regarding the application. Either party may request a mediator of their choice to assist in the negotiations, but this is not required. If an agreement is reached within sixty days,then the tenant representatives shall notify all tenants affected by the agreement. The tenants shall have ten days to approve or disapprove of the agreement. If tenants representing a majority of spaces affected fail to disapprove of the agreement then the agreement shall be 5 000162 • F binding on the owner and all tenants affected. The city clerk shall be notified that an agreement has been reached. The statements made in negotiations and any agreement reached but not approved shall not be admissible in any subsequent hearings regarding the application. 5. If the owner and the tenant representatives fail to reach an agreement within the time provided or if a majority of the tenants disapprove of an agreement reached,then the applicant shall within ten days notify the city clerk that an agreement has not been reached. 6. The city clerk shall set a hearing on the application complying with the requirements of this chapter no less than ten days or no more than thirty days after notification. The city clerk shall notify the owner and tenants, in writing, of the time,place and date set for the hearing. No hearing or any part thereof maybe continued beyond thirty days after the initial hearing date, without the applicant's consent. If the rent review board approves an application requested or as modified,the same shall take effect as noticed by the owner or as the board may otherwise direct. 008 Application for Rent Adjustment-Conduct of Hearing. 1. All review hearings conducted by the rent review board shall be conducted in accordance with the Ralph M.Brown Act, at Section 54950 et. seq. of the California Government Code and according to the rules of the American Arbitration Association. 2. All interested parties to a hearing may have assistance from an attorney or such other person as may be designated by the parties in presenting evidence or in setting forth by argument their position. All witnesses shall be sworn in and all testimony shall be under penalty of perjury. 3. In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place,the board may hear and review such evidence as may be presented and make such decisions as if all parties had been present. 4. Owner and affected tenants may offer any testimony,documents,written declarations or other relevant evidence. 5. Formal rules of evidence shall not apply. 6. Minutes shall be taken at all review hearings. 009 Hearing-Determination 1. The rent review board shall make a final decision no later than twenty days after the conclusion of the hearings. The board's decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be based on findings. All parties to the hearing shall be advised by mail of the board's decision and findings. 2. Pursuant to their findings, the board may: 6 000163 a) Permit the requested adjustment to become effective, in whole or part; or b) Deny the requested adjustment; or C) Permit or deny, in whole or part, requesting reductions of, or charges for, facilities or services. 3. Any decision of the board shall be final unless, within fifteen days after mailing of the decision and findings,the owner or any affected tenant appeals the decision. 4. The cost of this hearing shall be established by the city council and shall be shared by both parties. The city shall bill each individual tenant for their pro-rated share of the cost. 010 Ap als 1. Any appeal from a decision of the rent review board shall be filed with the city clerk. The appellant shall also mail a copy of the appeal to the responding party. The appeal shall state the grounds on which it is based. An appeal filed by a tenant shall be accompanied by a statement containing the names and addresses of the tenants supporting the appeal. The appeal must be supported by at least fifty-one percent of the tenants affected by the appeal. 2. At the time set for the consideration of the appeal the city council 1 shall review and consider the record of the rent review board's hearing as well as the decision and finding of the board. After review and consideration,the city council may either, 1)determine that a further hearing shall be held, or 2)ratify and adopt the decision and findings of the rent review board. If a further hearing is conducted,the city council may upon conclusion of the hearing and in no event more than thirty days thereafter,modify or reverse the decision of the board, only if the city council finds that there has been an abuse of descretion or that there is no substantial evidence to support the board's;decision. The city council's decision shall be final. 3. If the parry filing the appeal is unsuccessful, then that party shall pay the cost of the cities charges as determined by the city council. If the responding party is unsuccessful, then both parties shall share equally in payment of the city council's charges. The city shall bill each individual tenant for their pro-rated share of the cost. O l l Tenants Right of Refusal A tenant may refuse to pay an increase in rent not in conformity with this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect the rent increase. 012 Retaliatory Eviction Not withstanding section 010, in any action brought to recover possession of a mobilehome space,the court may consider as grounds for denial any violation of any 0001611 provision of this chapter. Further,the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. 013 Owner to Provide Copy of This Chapter Any tenant offered a lease or contract which, if accepted and fully executed, would be exempt from the provisions of this chapter shall at the time of the offer also be provided with a copy of this chapter. 014 Amendment The provisions of this chapter may be amended by a majority vote of the city council. 015 Severability If any portion of this chapter is found to be invalid,then that shall in no way affect the validity of the remaining portions of this chapter. g 000165 25 .01 .010 R E C Title 25 MOBILEHOME RENT STABILIZATION APR i Chapters: 25 .01 Purpose and Intent 25 .02 Definitions 25 .03 Exemptions 25 .04 Mobilehome Rent Review Board 25 .05 Powers and Duties of the Board 25 .06 Determination of Base Rent and Allowable Increases ` 25 .07 Hardship Exception--Application 25 .08 Conduct of the Hearing 25 .09 Standards of Review 25 .10 Decision of the Board 25 .11 Appeals 25 .12 Tenant' s Right of Refusal 25 .13 Retaliatory Eviction 25 .14 Owner to Provide Copy of this Tide 25 .15 Severability Chapter 25.01 PURPOSE AND INTENT* Sections: 25 .01.010 Purpose and intent. 25 .01 .010 Purpose and intent. (a) There is presently ) within the county of San Luis Obispo a shortage of spaces for the location of existing mobilehomes. Because of this short- age, there is a very low vacancy rate and rents have been for several years , and are presently, rising rapidly and causing concern among a substantial number of San Luis Obispo County residents. (b) Mobilehome tenants, forced by the lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a further reduction in their standard of liv- ing. * Title 24 , renumbered to be Title 25 by Ordinance 2342 , was adopted by the voters as an initiative measure on June 5 , 1984. Pursuant to Elections Code Section 3719 , no ordinance adopted by initiative may be repealed or amended except by a vote of the people. 545-368 (San Luis Obispo County 8/88) 000166 S 25 .02 .010 (c) Because of the high cost and impracticability of moving mobilehomes , the potential for damage resulting there- from, the requirements relating to the installation of mobile- homes, including permits , building requirements, landscaping and site preparation, the lack of alternative homesites for mobilehome residents and the substantial investment of mobile- home owners in such homes , it is necessary to protect the owners and occupiers of mobilehomes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in the costs of repair, insurance, maintenance, utilities, employee ser- vices, additional amenities, and other costs of operation, and to receive a fair return on their property. (d) It has been found that the present low vacancy rate and frequent rent increases are particularly hard upon and unfair to residents of mobilehome parks within the county. Large numbers of these residents are senior citizens and oth- ers on fixed incomes who installed their mobilehomes in the county when inflationary rent increases could not reasonably have been foreseen. A e) However, it is recognized that a rent stabilization ordinance must be fair and equitable for all parties and must provide appropriate incentives to mobilehome park operators to continue their parks ' profitably, as well as to attract additional investors for new parks. (Ord. 2342 §4 (Exh. A) (part) , 1988) . Chapter 25 .02_ DEFINITIONS Sections: 25 .02.010 Definitions. 25 .02.010 Definitions. For the purpose of this title certain words and phrases used herein are defined as follows: (a) "Mobilehome park rent review board" or "board" means the mobilehome park rent review board established by this chapter. (b) "Capital improvements" means those improvements that materially add to the value of the property and appre- ciably prolong its useful life or adapt it to new uses , and which may be amortized over the useful life of the improve- ment in accordance with the Internal Revenue Code and regula- tions issued pursuant thereto, provided that this definition shall be limited to capital improvements either approved by more than fifty percent of the tenants in the affected park 545-369 (San Luis Obispo County 8/88) 000167 25 . 02.010 or constructed to comply with the direction of a public agen- cy. (c) "Mobilehome park" means an area of ' land which rents spaces for mobilehome dwelling units. (d) "Mobilehome park owner" or "owner" means the owner, lessor, operator or manager of a mobilehome park. (e) "Mobilehome tenant" or "tenant" means any person entitled to occupy a mobilehome within a mobilehome park pur- suant to ownership of the mobilehome or under a rental or lease agreement with the owner of the mobilehome. (f) "Rehabilitation work" means any renovation or re- pair work completed or in a mobilehome park performed in order to comply with the direction or order of a public agency or to repair damage resulting from fire, earthquake or other casualty. (g) "Space rent" means the consideration, including any security deposits, bonuses , benefits or gratuities, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for housing services provided, but exclusive of any amount paid for the use of a mobilehome dwelling unit. (h) Just and Reasonable Return on the Property. The phrase "just and reasonable return on the property" shall mean a return based upon the actual capital investment of the owner of the mobilehome park as of December 31 , 1982, which will allow an efficient owner a rate of return, with adjust- ments for inflation or deflation, sufficient to enable the owner to maintain the same net profit as obtained in the year January 1 , 1982 to December 31, 1982. The phrase "just and reasonable return on the property" for any mobilehome park completed after December 31, 1982 , shall mean a return based upon the actual capital investment of the owner of the mo- bilehome park as of the date of completion, which will allow an efficient owner a rate .of return, with adjustments for inflation or deflation, sufficient to enable the owner to maintain a reasonable profit. The phrase "just and reason- able return on the property" for any mobilehome park pur- chased after December 31, 1982, shall mean a,, return based upon the actual capital investment of the owner of the mo- bilehome park at the time of purchase which will allow an efficient owner a rate of return, with adjustments for in- flation or deflation sufficient to enable the owner to maintain the same net profit as obtained in the first full fiscal year after the purchase. (Ord. 2342 S4 (Exh. A) (part) , 1988) . 545-370 (San Luis Obispo County 8/88) 000168 25 .03.010--25 .04 .010 Chapter 25 .03 EXEMPTIONS Sections: 25 .03.010 Exemptions. 25 .03.010 Exemptions. The provisions of this chapter shall not apply to the following tenancies in mobilehome parks: (a) Mobilehome park spaces rented for nonresidential uses; (b) Mobilehome parks managed or operated by the United States Government, the state of California or the county of San Luis Obispo; (c) Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an occupancy of more than twenty days; (d) Tenancies for which any federal or state law or regulation specifically prohibits rent regulation; (e) Tenancies covered by leases or contracts which pro- vide for more than a month-to-month tenancy, but only for the duration of such lease or contract. Upon expiration of or other termination of any such lease or contract, this title shall immediately be applicable to the tenancy; (f) Mobilehome parks which sell lots for factory-built or manufactured housing, or which provide condominium owner- ship of such lots, even if one or more homes in the develop- ment are rented or leased out. (Ord. 2342 §4 (Exh. A) (part) , 1988) . Chapter 25.04 MOBILEHOME RENT REVIEW BOARD Sections: 25 .04.010 Mobilehome rent review board. 25 .04.010 Mobilehome rent review board. (a) There is established a mobilehome rent review board consisting of three members who are elected county officials other than members of the board of supervisors. (b)° There shall be three regular members and two alter- nate members to serve in the absence or disqualification of regular members. (c) The regular members shall be (1) the county asses- sor, (2) the county auditor and (3) the county clerk-recorder. 545-371 (San Luis Obispo County 8/88) 000169 25 .05 .010 The first alternate shall be county treasurer-tax collector- public administrator and the second alternate shall be the county sheriff-coroner. (d) The board members and the alternates shall be per- sons who are not connected with the mobilehome rental housing industry for their personal gain. None of the members or alternates shall be tenants of a mobilehome park or have any financial interest (as defined by state law) in any mobilehome -park. The members and alternates shall file a declaration to this effect in the office of the county clerk. (e) Board members and alternates shall not be compensat- ed for their services as such, but may receive reimbursements as provided by the board of supervisors for traveling and other expenses incurred while on official duty. (f) Terms of board members and alternates shall be the same as their term of office for their elected position. (Ord. 2342 §4 (Exh. A) (part) , 1988). . Chapter 25.05_ POWERS AND DUTIES OF THE BOARD Sections: 25 .05 .010 Powers and duties of the board. 25 .05 .010 Powers and duties of the board. Within the limitations provided by law, the board shall have the follow- ing powers and duties: (a) To meet from time to time as required by the board of supervisors and to utilize the county offices, facilities and personnel as needed; - (b) To receive, investigate, hold hearings on, and pass upon the issues relating to mobilehome park rent stabiliza- tion as set forth in this chapter, or to any decreases in, or charges for, services or facilities; (c) To make or conduct such independent hearings or investigations as may be appropriate to obtain such informa- tion as is necessary to carry out its duties; (d) To increase or decrease maximum rents upon comple- tion of its hearings and investigations; (e) To render after every rent review hearing a written report to the board of supervisors concerning its activities, holdings , actions , results of hearing, and all other matters pertinent to this chapter which may be of interest to the board of supervisors; . (f) To adopt, promulgate, amend and rescind administra- tive rules , as it deems appropriate to effectuate the 545-372 (San Luis Obispo County 8/88) 0001'70 25 . 06 .010 purposes and policies of this chapter. (Ord. 2342 54 (Exh. A) (part) , 1988) . Chapter 25.06 DETERMINATION OF BASE RENT AND ALLOWABLE INCREASES Sections: 25 .06.010 Determination of base rent and allowable increases. 25.06.010 Determination of base rent and allowable in- creases. (a) (i) Base Rent. The base rent for purposes of this chapter shall be the monthly space rent as of December 31, 1982. Any reduction in services or amenities after Decem- ber 31, 1982, shall result in a corresponding decrease in rents. (ii) Lease Expiration. Upon the expiration of any lease, the new space rent shall be the rent in effect at the expiration of such lease. (b) Except as otherwise provided in this chapter, the maximum monthly space rent may be increased no more than once a year by an increase over the then existing space rent equal to sixty percent of the cost of living increase (All Urban Consumers, Los Angeles, Long Beach, Anaheim area as furnished by the Division of Labor Statistics and Research, State of California, Department of Industrial Relations) for the pre- ceding twelve-month period. (c) Calculation of the one-year limitation on rental increases as provided herein shall be from the date the last increase became effective .at the park. (d) No owner shall either (1) demand, accept or retain a rent from a tenant in excess of the maximum rent permitted by this chapter or (2) effect a prohibited rent increase by a reduction of general park facilities or services. (Ord. 2342 §4 (Exh. A) (part) , 1988) . 545-373 (San Luis Obispo County 8/88) 000171 25 .07 .010 Chapter 25 .07 HARDSHIP EXCEPTION--APPLICATION Sections: 25 .07.010 Hardship exception--Application. 25•.07 .010 Hardship exception--Application. (a) An owner who has been required to make extraordinary expendi- tures, or has incurred costs of such amounts that he will be unable to make a just and reasonable return on his property given the maximum increase permitted by the section above, may file with the board an application for a rent increase for one or more spaces or application to reduce, or charge for, certain services or facilities, in either event referred to hereinafter as "application" or "application for rent in- crease." (b) An application for rent increase- pursuant to this section shall be accompanied by the payment of a fee of three hundred dollars. The application shall specify, as appli- cable, the address of the mobiiehome park, the space number or numbers for which rent is requested to be increased, the amount of the requested rent increase or service or facili- ties reduction or charges, the proposed effective date of such increase, reduction or charge and the facts supporting the application. The applicant shall produce': at the request of the board any records, receipts, reports or other documents that the board may deem necessary for the board to make a determination whether to approve the application. (c) The owner shall serve each affected tenant, either personally, or by mail, with notice of the rent increase or decrease or change in services or facilities requested and with notice that application or approval of same is being filed with the board. Proof of service complying with the title and all applicable state laws shall be filed with the board concurrent with the filing of the application. Copies of the application shall be available free of charge to any affected tenants requesting same at the business office in the affected park. (d) The board shall set a hearing on the application complying with the requirements of the section no less than ten days and no more than thirty days after receipt of the application and proof of service. The board shall notify the owner and tenants, in writing, of the time, place and date set for the hearing. No hearing or any part thereof may be continued beyond thirty days after the initial hearing date without the owner' s consent. If the board approves an appli- cation as requested or as modified, the same shall take ef- fect as noticed by the owner or as the board may otherwise direct. (Ord. 2342 §4 (Exh. A) (part) , 1988) . 545-374 (San Luis Obispo County 8/88) 000172 i 25 .08 .010--25 .09 .010 t� Chapter 25 .08 CONDUCT OF THE HEARINGS Sections: 25 .08 .010 Conduct of the hearing. 25 .08 .010 Conduct of the hearing. (a) All review hear- ings held by the board shall be conducted in accordance with the Ralph M. Brown Act, at Section 54950 et seq. of the Cali- fornia Government Code. (b) All interested parties to a hearing may have assist- ance from an attorney or such other person as may be desig- nated by the parties in presenting evidence or in setting forth by argument their positions. All witnesses shall be sworn in and all testimony shall be under penalty of perjury. (c) In the event that either the owner or the tenant (s) should fail to appear at the hearing at the specified time and place, the board may hear and review "such evidence as may be presented, and make such decisions as if all parties had been present. (d) Applicant and affected tenants may offer any rele- vant evidence and the formal rules of evidence shall not ap- ply. (e) The board shall maintain a record of all proceed- ings by electronic recording or by use of a court reporter. Either the applicant or tenants will have the right to pro- cure the services of a court reporter at their own expense to record and transcribe the proceedings. (Ord. 2342 54 (Exh. A) (part) , 1988) . Chapter 25.09 STANDARDS OF REVIEW Sections: 25.09.010 Standards of review. 25 .09 .010 Standards of review. In evaluating the appli- cation the board may consider, along with all other factors it considers relevant, changes in costs to the owner attribu- table to an increase or decrease in utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs , normal repair and maintenance, master land and/or facilities lease rent provided such lease to a bona fide third party existed prior to January 1 , 1983 , and 545-375 (San Luis Obispo County 8/88) 000173 25 .10 .010--25 .11 .010 other considerations , including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income and the level of rent necessary to permit a just ;and reasonable return on the owner' s property. (Ord. 2342 §4 (Exh. A) (part) 1988) . Chapter 25.10 DECISION OF THE BOARD Sections: 25 .10 .010 Decision of the board. 25 .10 .010 Decision of the board. (a) The board shall make a final decision no later than twenty days after the conclusion of its hearing. The board' s decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be based on findings. All par- ties to the hearing shall be -advised by mail of the board' s decision and findings. (b) Pursuant to its findings, the board may (1) permit the requested rent increase to become effective, in whole or in part, or (2) deny the requested rent increase, or (3) per- mit or deny, in whole or in part, requested reductions of or charges for, facilities or services. (c) Any decision of the board shall be final unless , within fifteen days after mailing of the decision and find- ings the owner or any affected tenant appeals the decision to the board of supervisors. (Ord. 2342 §4 (Exh. A) (part) , 1988) . Chapter 25. 11 APPEALS Sections : 25 .11.010 Appeals. 25 .11 .010 Appeals. (A) Any appeal from a decision of the board shall be filed with the county clerk. The date for consideration of the appeal shall be set by the county clerk no less than ten days nor more than thirty days after the expiration date for filing of an appeal. Notice of the date, time and place shall be given by the county clerk to the owner and all affected tenants. 545-376 (San Luis Obispo County 8/88) 000174 25.12.010--25 . 13 .010 (B) At the time set for consideration of the appeal, the board of supervisors shall review and consider the record of board hearing and the decision and findings of the board. After review and consideration, the board of supervisors may either: (1) determine that a further hearing shall be held, to be conducted before the board of supervisors at the second regular meeting of the board of supervisors following the determination that such further hearing is necessary; or (2) ratify and adopt the decision- and findings of the board. If a further hearing is conducted, the board of supervisors may, upon conclusion of the hearing, and in no event more than thirty days thereafter, modify, reverse or uphold the deci- sion of the board, and shall make the findings in support thereof. (Ord. 2342 54 (Exh. A) (part) , 1988) . Chapter 25 .12 TENANT' S RIGHT OF REFUSAL Sections: 25 .12.010 Tenant' s right of refusal. 25 .12 .010 Tenant' s right of refusal. A tenant may re- fuse to pay any increase in rent not made in conformity with this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect the rent increase. (Ord. 2342 §4 (Exh. A) (part) , 1988) . Chapter 25. 13 RETALIATORY EVICTION Sections: 25 .13 .010 Retaliatory eviction. 25 .13 .010 Retaliatory eviction. Notwithstanding Sec- tion 25.12.010, in any action .brought to recover possession of a mobilehome space, the court may consider as grounds for denial any violation of any provisions of this title. Fur- ther, the determination that the action was brought in retali- ation for the exercise of any rights conferred by this title shall be grounds for denial. (Ord. 2342 §4 (Exh. A) (part) , 1988) . 545-377 (San Luis Obispo County 8/88) 000175 25 .14 .010--25 .15 .010 Chapter 25 .14 OWNER TO PROVIDE COPY OF THIS TIME Sections: 25 .14.010 Owner to provide copy of this title. 25 .14 .010 Owner to provide copy of this title. Any tenant offered a lease or contract which is accepted would come under the provisions of this act and shall; be provided with a copy of this title by the mobilepark owner. (Ord. 2342 §4 (Exh. A) (part) , 1988) . Chapter 25 .15 SEVERABILITY Sections : 25 .15 .010 Severability. 25 .15 .010 Severability. If any provision of any clause of this title or the application thereof to any person or circumstance is held to be unconstitutional or to be other- wise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provi- sions or clauses or applications thereof which can be imple- mented without the invalid provision or clause or application, and to this end, the provisions and clauses of this title are declared to be severable. . (Ord. 2342 §4 (Exh. A) (part) , 1988) . 545-378 (Sari Luis Obispo County 8/88 ) 0001'76 i REPORT TO CITY COUNCIL AGENDA ITEM: C-2 CITY OF ATASCADERO DATE: 05-1496 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director/le-,- Department irector/lejDepartment of Community Services SUBJECT: ENERGY REDUCTION FEASIBILITY STUDY PRESENTATION BY LANDIS & GYR, INC. RECOMMENDATION: It is recommended that the City Council review the information in the feasibility study and presentation and authorize a letter for Landis & Gyr to present a proposal to the City of Atascadero. DISCUSSION: SS ON: Staff has met with Mr. Barney Path, of Landis & Gyr, Inc., regarding the City's energy consumption. Information regarding previous and current energy consumption by the City have been shared with him. Mr. Path's firm has prepared a feasibility study for energy savings at no cost to the City for review by the City Council and staff. At the meeting of May 12, 1996, he will present his findings for the City Council and explain the potential energy savings for the City. Landis & Gyr, Inc., works in a "Performance Contract" basis with an agency that is without risk to the contracting agency and without up-front costs. Mr. Path will explain the performance contract concept in his presentation in more detail. Landis & Gyr has identified a potential energy savings of$97,500 for the City of Atascadero. The City could reinvest energy savings into deferred maintenance projects to accomplish some long standing goals. If the City Council is interested in receiving a proposal from Landis & Gyr, Inc., the Council may direct the staff to prepare a "Letter of Automation" that would not obligate that City to accept the proposal from the firm. t� C:\CrrYCOUN\energy.RPT 0001'7'7 i i I (LANDIS&GYN TABLE OF CONTENTS EXECUTIVE SUMMARY PERFORMANCE CONTRACT SUMMARY Page 2 FEASIBILITY SURVEY RESULTS Page 3 MECHANICAL RETROFITS Page 4 MAINTENANCE SERVICES Page 8 SAMPLE SPREADSHEET Page 10 COMPLETION SCHEDULE Page 11 APPENDIXES A. LETTER OFAUTHORIZATION B. LIST OF ENERGY STUDY FACILITIES C. GOVERNMENT CODE of CALIFORNIA, S 4217.10 D. UTILITY DISTRIBUTION E. AUTHORIZATION TO RELEASE UTILITY INFORMATION F. REFERENCES 178 (LANDIS&GYR PERFORMANCE CONTRACT SUMMARY Program Objectives f To conserve electricity, natural gas and water. To modernize equipment,improve comfort and maximize productivity. To implement the program on a self-funding basis by reductions in the existing operating budget. z • Self-Funding The program uses three funding sources: Energy Savings, Operations Savings and Manufacturer's Rebates, individually or cumulatively, cover all program costs. • Guaranteed The program will be self-funding or Landis&Gyr, Inc.will issue a check to City of Atascadero I for any shortfall Range of Services Boiler/Chiller modification/replacement - Lighting Control Systems Chilled Water Lighting Retrofit Comprehensive HVAC Maintenance Low Load/Off Compressed Air Systems Motion Sensor Direct Digital Control Systems Outdoor Air Retrofit Economizer/Enthalpy Control Process Cooling Systems Fan/Pump Variable Speed Drives Process Instrumentation and Controls Facility Systems Integration Re-Heat Systems Heat Exchanger Systems Soft Start Heat Recovery Systems Steam Absorption Units Hot Water Reset Thermal Storage Humidification/Dehumidification Tower Free Cooling HVAC Automation &Control Upgrade Vacuum Systems Industrial Automation Systems Variable Soft Load Delivery of Services Landis&Gyr, Inc.delivers the program on a design/build basis. All elements of engineering, equipment selection, installation and equipment maintenance are included in the Landis&Gyr, Inc. offering. i Method of Purchase Municipal Lease agreement with$1 buy-out at the end of the term. Payments begin after one period of savings have accrued. City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 2 0001719 (LANDIS&GYR FEASIBILITY SURVEY RESULTS k < The feasibility surrey uncovered a variety of opportunities and needs, including: Energy Savings: • Electrical. $63,200/year • Gas: $ 4,900/year • Water. $ 11,600/year i Operational Savings: $ 17,800/year Equipment Modernization (see page 4, "Mechanical Retrofit"). Maintenance and Operations(see page 7, "Preferred Systems Services"): Utility Negotiation/Management r-- i City ofAtascadero PERFORMANCE CONTRACT FEASIBILITY April 29, 1996 page 3 000180 (LANDIS&GYR COMPONENTS OF PROGRAM I. Mechanical Retrofit Energy Management Integrate the installation of Landis&Gyr MasterSet Controllers to specified sites. MasterSet controllers feature pre-engineered solutions for HVAC applications.They need no programming. Their automatic control sequences and sophisticated Proportional and Integral (PI)control loops are factory installed. You do not need a computer and there is no programming language to learn. The MasterSet MST300 controller is pre-engineered for simple and quick installation, start-up, operation, and service of air handling equipment. By setting a switch,the MST 300 can control a Constant Volume(CV) or Variable Air Volume(VAV)air handling system. Factory set inputs and outputs, along with preset control loops means no programming and no database loading. BENEFITS: • Pre-engineered control for CV and VAV air handling equipment • Automatic control sequences and sophisticated PI control loops • Set point specific; no programming • Easy to use operator interface • 7-day start/stop schedule with override • No loss of operating or set-up information when power is lost • Time-clock backed for 48 hours • Fahrenheit or Celsius temperature display; 12 or 24 hour clock format • Totalized equipment run times and override run times • Monitors, indicates, and responds to equipment faults Air Conditioner Optimization A stand-alone microprocessor system which controls the on/off, supply water temperature, and power consumption of Air Conditioners. 1. Soft-start- Starts Air Conditioner at low capacity level. This reduces electrical peak demand and prevents overshoot. 2. Variable Soft Load-Air Conditioner is gradually brought up to match building load requirements. 3. Chilled Water Reset-Supply water temperature is adjusted automatically to match building load requirements. 4. Low Load-Off Cycle-As Air Conditioner reaches low load conditions, its ton/KWH efficiency drops. Optimizer will unload Air Conditioner until it approaches inefficient point,then let Air Conditioner continue to run for preset time period to build up cold thermal inertia. Then Air Conditioner is shut off for specified time period. If building load has increased, Air Conditioner is turned back on with soft start. City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 4 000181. ' LANDIS&GYN Chiller Optimization- cont'd 5. Lead-Lag Chiller Operation -When lead chiller reaches 80%to 100%capacity, it is dropped to 50%while lag chiller is started. This prevents demand peak caused by lag chiller start-up. The capacity of both chillers is equalized and controlled to match building load. If chiller load reduced to the point of inefficient operation, lag chiller is turned off and lead chiller capacity is increased to i match load. 6. Other Features-Outside air lockout, demand limiting, on override, safety lockouts, remote control via centralized control systems. BENEFITS: • Saves energy(reduces peak demand and overall consumption) • Saves chiller run time,thus increases lifetime. • Saves operator labor. • Reduces over-cooling complaints I Liquid Pressure Amplifiers(LPA) Liquid Pressure Amplifier(LPA)systems consist of a sealed magnetically driven centrifugal pump I, and a liquid refrigerant injection line installed in the refrigerant line of reciprocating air conditioning and refrigeration systems.The LPA pump increases the pressure of the refrigerant between the condenser and the thermal expansion valve. The superheat suppression system injects liquid refrigerant from the discharge end of the LPA pump into the entrance of the condenser.The system eliminates flash gas and reduces head pressure.The result is that compressor operates at a lower compression ratio and lower temperatures. ! BENEFITS: • Energy reduction of 25%to 40%depending on ambient conditions and type of condenser coil. • A 5%to 20% increase in refrigeration or cooling capacity. • Reduction in compressor failures. • Reduction in system maintenance. • Reduction in cooling tower water and chemical consumption if applicable. Lighting Fixture Retrofit Lighting energy can account for more than half of a city's electrical costs. For most facilities, fluorescent lighting is the primary source of artificial light.Typical fluorescent lighting systems do not consider reduced light level requirements for less visual tasks, and they use inefficient lamp or ballast products. In the case of the various sites throughout the city, there are opportunities for retrofits of incandescent fixtures as well as high-intensity exterior lighting. Lights will be retrofitted to provide new lamps and ballast's that output effectively the same light level but consume less energy.This will also include fixture cleaning. BENEFITS: • Reduced energy consumption by 15%to 40%, dependent on application. • Eliminate bulb replacement cost for first three years. • Reduced air conditioning costs, for applicable sites, due to less heat generated. • Improved illumination at task level. City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 5 0001.8ti (LANDIS_&GYB Motion Sensors Motion detectors are used for determining occupancy of a monitored area and then turning lights on and off based on occupancy. Motion detectors are available in three different technological applications: Ultra-Sonic, Infra-Red, and Photo-Electric. All motion detectors use a similar concept- when occupancy is detected; a relay is first latched and then a timer starts. If no further occupancy is detected before the time cycle is completed, the lights shut off at the end of the cycle. If occupancy is detected, the cycle starts over and the lights remain on. Some type of override is usually provided. BENEFITS: • Reduced electric costs • Less heat gain from lights (less AC required) • Reduced operating time means less replacement Economizers "Free Cooling" is produced when outside air is utilized to cool an occupied space. A ventilation control system modulates outside air and return air dampers to maintain proper air temperature for economical operation. Either temperature or enthalpy may be used to determine if OSA is acceptable for free cooling. Also, differential enthalpy compares return air vs. outside air and selects the lowest j heat content. The cost effectiveness of this strategy would be explored specifically at the Pavillion mechanical plan. While the structural conditions may exist for this retrofit,the cost may outweigh any benefit from electrical savings. Nonetheless, this facility will be included since there are are number of operational comfort issues that need to be addressed. BENEFITS: • Compressor run time is reduced 20%-40%, saving energy. • Compressor life is increased due reduced run time. • Payback is 6 months to 3 years. Enthalpy Control Enthalpy is a control system for existing economizers that takes temperature and humidity into consideration when controlling the dampers. It makes a decision as to whether outside air is acceptable for free cooling, or it may compare return air vs. outside air and select the one with the lowest total heat content differential. BENEFITS: • More accurate change-over decision between outside and return air. • Solid-state controls make for a more dependable system with longer life. • More economizer use than before therefore greater savings and faster payback. • Less compressor run time, extending compressor life. City of Atascadero PERFORMANCE CO\TRACT FEASIBILITY .April 29, 1996 page 6 000183 i LANOIS&GYR ill allow the temperature of boiler hot water going to the air handler coils to fluctuate e outside air or space temperature fluctuates. As outside air or space temperature ater temperature decreases. avings are generated as the boiler will end up operating less. omfort is improved. As the outside air temperature has increased,you are not supplying grees water but instead 90 degrees- 120 degrees. oes not create great temperature swings in the space like 180 degrees water would. e Speed Drives le frequency drives (VFD) electronically modulate horsepower to match variable flow irements; provide direct flow control;and offer infinitely adjustable range. These components are ortant to reducing operating costs and extending equipment life in today's competitive vironment. hese drives would be used extensively at the Wastewater Treatment facility. Each pump station would be evaluated not only on energy savings oportunities,but also on operating applicability. BENEFITS: • Ease of adaptability to your facilities. • Reduced operating costs. • Extended equipment life. �zs+� Wide flexibility to meet all flow demands. • No up-front cost • Pay-back period 3 mos. to 4 years Utility Negotiation r As a standard part of the utility cost analysis Landis&Gyr will conduct a Utility Data Analysis (see Appendix C) in order to confirm that the City of Atascadero is not paying any unnecessary costs associated with either of the utility providers. the Specifically, it will be necessary to obtain additional information on the billing transactions between City of Atascadero and Pacific Gas& Electric and SoCal Gas to better determine any necessary billing and or rate charge corrections. Enclosed is a sample letter requesting authorization to have utility data released to our offices(see Appendix D). I City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 7 00018`1 LANDIS&GYR Landis & Gyr,Inc. Preferred HVAC Systems Services f y A comprehensive program of HVAC and temperature control maintenance where Landis& Gyr, Inc. assumes full responsibility for preventive maintenance, component replacement and emergency service on all heating, cooling, ventilating and temperature control systems. Maintenance Service • Landis&Gyr, Inc. will maintain the HVAC and TC system based on the requirements outlined on a computer generated service schedule. This schedule will outline the tasks to be performed and the skills, tools and instrumentation required to complete them. • Maintenance intervals are determined by application and Landis&Gyr, Inc.'s computer data bank of maintenance experience and manufacturer's specifications. • After each service call, a service report will be provided to the customer to verify that the systems are maintained and operating correctly. An analysis of the client's building environmental systems'equipment condition and operating procedures will be performed by Landis& Gyr, Inc. service operations. Landis& Gyr, Inc. and the client will discuss the operational program and any revisions required to reduce energy consumption, minimize operating costs and accommodate changing needs. Component Replacement • Landis&Gyr, Inc. will repair or replace worn or failed components and parts covered under this agreement. • Replacement parts will be of like or current design to prevent system depreciation and obsolescence. Emergency Service • Every activity Performed under the agreement is designed to minimize the: 9 9 incidence of emergency situations. However,backup emergency service is available 24 hours a day to minimize downtime and inconvenience. City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 8 00'0185 LANDIS&GYR Su 0 Support Services • Landis &Gyr, Inc. will provide energy audits which review energy usage and charges and then compare these to base year data. These audits provide an ongoing measurement of your maintenance program's effectiveness. • Landis&Gyr, Inc. will review with you the services provided under this agreement to discuss work performed, answer any questions about the service and determine if there are other ways Landis&Gyr, Inc. can be of service. • System analysis will be performed to detect early signs of deteriorating performance and to predict potential equipment failures. After identifying potential problem areas,corrective action will be taken. i j I City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 9 000186 ' LANDIS&GYfl SAMPLE FINANCIAL SPREADSHEET f r= i City ofAtascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 10 0001817 (LANDIS&GYR I COMPLETION SCHEDULE C' Feasibility Presentation Aril 29, 1996 I Letter of Authorization May 14, 1996 t Preliminary Proposal June 11, 1996 Letter of Intent June 12, 1996 Contract Signed June 25, 1996 Work Begins June30, 1996 Work Completed September 15, 1996 CITY OF ATASCADERO LANDIS &GYR, INC. Approved by Date Approved by Date City of Atascadero PERFORMANCE CONTRACT FEASIBILITY April 29,1996 page 11 000188 REPORT TO CITY COUNCIL Agenda Item: C-3 CITY OF ATASCADERO Through: Andrew J. Takata Meeting! Date: 05/14/96 City Manager File Number: ZC 95009 Via: Steven L. DeCamp, City Planner From e-6 Doug Davidson, Senior Planner VV SUBJECT: Adoption of an ordinance amending the official Citi Zoning Map by rezoning certain real property at 3425/3505 E1 Camino Real from RS (Residential Suburban) to RSF-Y (Residential Single lFamily Moderate Density) . (William & Martha Verheyen/Peters Engineering) . RECOMMENDATION: Approval and adoption of Ordinance No. 302 on second reading. • BACKGROUND/ANALYSIS: On April 23, 1996, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 302 on first reading. /ph Attachment: Ordinance No. 302 000139 I ORDINANCE NO. 302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 3425/3505 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY MODERATE DENSITY) (ZONE CHANGE 95009 - VERHEYEN) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project -is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 19, 1996 and has recommended approval of Zone Change 95009 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3 . The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcel listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor' s Parcel Map is 049-163-029 and 032 Parcel 3 of P.M. CO 69-32 and Lot 101, Block 19 000190 Ordinance No. 302 Page 2 Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and pasting of this ordinance and shall cause this ordinance and this 'certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the, following roll call vote: AYES: • NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000101 000040- ORDINANCE NO. 302 EXHIBIT A Page.3.-of 3- \ \ JV� X#1ApGOW 1 \� C Pc04 FRon l R.5) r 7 J1 xv oLLA I ' CN . E No a 1 t � III , , . ao•a i I RS j Rte, IS01 ;1 t r I yENaO� --. AAPCOP RS, New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 00+0192 REPORT TO CITY COUNCIL Meeting Date: 5/14/96 CITY OF ATASCADERO Agenda Item: C-4 Through: Andy Takata, City Manager From: Brad Whitty, Finance Director SUBJECT: Finance Director's report for the nine months ending March 31, 1996. RECOMMENDATION: City Council review and accept this staff report. BACKGROUND: The purpose of this report is to communicate a financial picture to the public and City Council. These reports are also a tool to facilitate thoughtful discussions into the City's financial condition. Discussion: The unaudited statements for March 1996 represent 75% of the 1995-96 fiscal year. Report 1 shows the City's actual revenues and expenditures agoinst the budgeted amounts for each fund. The purpose of this report is to show a percentage comparison based on time elapsed. Report 2 shows each funds income or loss fbr the current fiscal year. Large losses through mid-year will be explained in the notes to the reports. Report 3 illustrates year-to-date comparisons between the current and previous year. Large deviations in the revenues or expenditures are explained in the notes to the report. Report 4 illustrates the fund balances of each fund. The enterprise funds (Wastewater, Sewer Facility Capital, and Dial-a-Ride) have retained earnings rather than fund balances, but are shown here for consistency with the other reports. Report 5 show the City's current and past due accounts receivable. Past due amounts are either in collections, on hold pending discussions with account holders, or on hold pending discussions with the City Attorney. Two additional reports have been added to give a graphic picture',comparison of the General Fund's revenues and expenditures through March of the years 1994, 1995, and 1996. The revenues shown are for the top ten [$4,173,596] rather than all [$4,411,293] with the difference being other miscellaneous revenues. The expenditures for 1996 includes the $314,000 expenditure for the purchase of stadium park. Removing the Stadium Park expenditure would show expenditures at$4,778,500 through March. 000193 i The notes to the reports convey additional information regarding the City's financial condition. Please refer to those notes. The City has received another going concern in the audit report for the 1994-95 fiscal year. The City's going concern issue could have serious implications for the City's ability to issue another Tax Revenue Anticipation Note for the 1996-97 fiscal year. This would place the City in a position of borrowing from the Wastewater funds in order to operate the City between the major property tax receipts months. Encl: Reports 1 through 5 Notes to the Report Graphs 000194 City of Atascadero Report 1 Finance Director's Report Through March 1996 (Unaudited) BUDGET FUND 1995-96 YTD ACTUALS UNREALIZED ACT./BUD. REVENUES: 001 General Fund 6,696,450 4,411,293 2,285,157 66% 002 Gas Tax 452,150 336,131 116,019 74% 015 Zoo Operations 268,500 139,784 128,716 52% 101 93-STBG-688 27,097 16,364 10,733 60% 102 1994 CDBG 42,000 189,501 (147,501) 451% 103 1995 CDBG 248,000 192,456 55,544 78% 121 COPS Fast Grant 39,813 7,899 31,914 20% 200 Dial-A-Ride 443,393 225,132 218,261 51% 201 Wastewater 1,013,867 584,192 429,675 58% 203 Lake Pavilion 50,940 32,085 18,855 63% 204 Aquatics 35,496 12,294 23,202 35% 205 Recreation 494,602 302,773 191,829 61% 301 Tree Planting Trust 2,500 802 1,698 32% 306 Sidewalk Trust 2,500 1,153 1,347 46% 307 Emergency Services 22,008 5,509 16,499 25% 310 Police Training 30,000 15,943 14,057 53% 311 Weed Abatement 51,692 30,849 20,843 60% 403 A.D.#3- Marchant 6,492 3,844 2,648 59% 404 A.D.#4-Cayucos/Sesparado 102,620 57,470 45,150 56% 406 A.D.#6- Camino Real 369,075 253,210 115,865 69% 407 Las Encinas/3-F Meadows A.D. 284,882 228,240 56,642 80% 452 C.O.P. Debt Service 198,835 121,795 77,040 61% 500 Capital Projects 1,514,958 89,027 1,425,931 6% 550 Police Impact Fees 21,000 12,331 8,669 59% 575 Fire Impact Fees 36,000 41,012 (5,012) 114% 600 Parks Impact Fees 75,000 71,262 3,738 95% 700 Drainage Impact Fees 41,000 41,736 (736) 102% 701 Amapoa-Tecorida Fees 25,000 42,704 (17,704) 171% 705 Public Works 75,000 62,031 12,969 83% 731 St. Maint. Districts 1,820 2,223 (403) 122% 732 TDA/Non-Transit 3,600 7,594 (3,994) 211% 790 Sewer Facility Capital 357,800 295,155 62,645 82% 809 A.D.#7 Santa Rosa 25,752 1,383 24,369 5% Total City Revenues 13,059,842 7,835,174 5,224,668 60% The notes are an integral part of this statement. 000195 City of Atascadero Report 1 Finance Director's Report Through March 1996 (Unaudited) BUDGET % FUND 1995-96 YTD ACTUALS UNREALIZED ACT./BUD. EXPENDITURES: 001 General Fund 6,673,174 5,092,500 1,580,674 76% 002 Gas Tax 448,254 281,782 166,472 63% 015 Zoo Operations 268,247 189,488 78,759 71% 101 93-STBG-688 78,961 43,261 35,700 55% 102 1994 CDBG 36,428 172,008 (135,580) 472% 103 1995 CDBG 248,000 177,036 70,964 71% 121 COPS Fast Grant 39,266 15,665 23,601 40% 200 Dial-A-Ride 443,312 248,224 195,088 56% 201 Wastewater 1,026,662 479,339 547,323 47% 203 Lake Pavilion 49,463 46,638 2,825 94% 204 Aquatics 31,991 24,765 7,226 77% 205 Recreation 493,253 325,448 167,805 66% 301 Tree Planting Trust 2,500 1,410 1,090 56% 306 Sidewalk Trust 40,000 0 40,000 0% 307 Emergency Services 22,008 28,421 (6,413) 129% 310 Police Training 30,000 20,163 9,837 67% 311 Weed Abatement 40,000 3,104 36,896 8% 403 A.D.#3-Marchant 8,304 0 8,304 0% 404 A.D.#4-Cayucos/Sesparado 102,000 100,393 1,607 98% 0 406 A.D.#6-Camino Real 285,215 345,239 (60,024) 121% 407 Las Encinas/3-F Meadows A.D. 270,656 302,908 (32,252) 112% 452 C.O.P. Debt Service 198,835 198,620 215 100% 500 Capital Projects 1,478,458 193,736 1,284,722 13% 550 Police Impact Fees 21,000 2,330 18,670 11% 575 Fire Impact Fees 0 11 (11) 0% 600 Parks Impact Fees 30,000 13,591 16,409 45% 700 Drainage Impact Fees 366,702 6,406 360,296 2% 701 Amapoa-Tecodda Fees 232,338 34,099 198,239 15% 705 Public Works 21,960 10,490 11,470 48% 731 St. Maint. Districts 30,000 0 30,000 0% 732 TDA/Non-Transit 33,440 1,520 31,920 5% 790 Sewer Facility Capital 1,181,106 610,834 570,272 52% 806 Camino Real Construction 154,500 154,676 (176) 100% 807 Las Encinas Construction 135,000 101,840 33,160 75% 808 3-F Meadows Construction 93,490 83,560 9,930 89% 809 A.D.#7 Santa Rosa 25,752 0 25,752 0% Total City Expenditures 14,640,275 9,309,505 5,330,770 63% TOTAL NET REVENUE/(EXPEND.) (1,580,433) (1,474,330) (106,103) 93% The notes are an integral part of this statement. 000196 City of Atascadero Report 2 Finance Director's Report Through March 1996 (Unaudited) REVENUES EXPENDITURES INCOME/ FUND YTD ACTUALS YTD ACTUALS (LOSS) 001 General Fund $4,411,293 5,092,500 ($681,207) 002 Gas Tax 336,131 281,782 54,349 015 Zoo Operations 139,784 1989,488 (49,704) 101 93-STBG-688 16,364 43,261 (26,897) 102 1994 CDBG 189,501 1172,008 17,493 103 1995 CDBG 192,456 177,036 15,420 121 COPS Fast Grant 7,899 15,665 (7,766) 200 Dial-A-Ride 225,132 248,224 (23,092) 201 Wastewater 584,192 479,339 104,853 203 Lake Pavilion 32,085 46,638 (14,554) 204 Aquatics 12,294 24,765 (12,470) 205 Recreation 302,773 3125,448 (22,675) 301 Tree Planting Trust 802 1,410 (608) 306 Sidewalk Trust 1,153 0 1,153 307 Emergency Services 5,509 ;28,421 (22,911) 310 Police Training 15,943 20,163 (4,220) 311 Weed Abatement 30,849 3,104 27,745 403 A.D. #3- Marchant 3,844 0 3,844 404 A.D.#4-Cayucos/Sesparado 57,470 100,393 (42,923) 406 A.D.#6-Camino Real 253,210 345,239 (92,030) 407 Las Encinas/3-F Meadows A.D. 228,240 3102,908 (74,668) 452 C.O.P. Debt Service 121,795 1998,620 (76,825) 500 Capital Projects 89,027 193,736 (104,710) 550 Police Impact Fees 12,331 2,330 10,001 575 Fire Impact Fees 41,012 11 41,001 600 Parks Impact Fees 71,262 13,591 57,671 700 Drainage Impact Fees 41,736 6,406 35,330 701 Amapoa-Tecodda Fees 42,704 34,099 8,605 705 Public Works 62,031 10,490 51,541 731 St. Maint. Districts 2,223 0 2,223 732 TDA/Non-Transit 7,594 1,520 6,074 790 Sewer Facility Capital 295,155 610,834 (315,679) 806 Camino Real Construction 0 154,676 (154,676) 807 Las Encinas Construction 0 101,840 (101,840) 808 3-F Meadows Construction 0 83,560 (83,560) 809 A.D.#7 Santa Rosa 1,383 0 1,383 Total City Funds $7,835,174 9,309,505 ($1,474,330) The notes are an intergral part of this statement. 00019'"1 City of Atascadero Report 3 Finance Director's Report Through March 1996 (Unaudited) March 1995 March 1996 FUND YTD ACTUAL YTD ACTUAL $ CHANGE REVENUES: 001 General Fund 4,153,258 4,411,293 258,035 002 Gas Tax 338,925 336,131 (2,794) 015 Zoo Operations 123,789 139,784 15,995 101 93-STBG-688 0 16,364 16,364 102 1994 CDBG 0 189,501 189,501 103 1995 CDBG 0 192,456 192,456 121 COPS Fast Grant 0 7,899 7,899 200 Dial-A-Ride 308,089 225,132 (82,957) 201 Wastewater 551,377 584,192 32,815 203 Lake Pavilion 28,935 32,085 3,150 204 Aquatics 13,906 12,294 (1,612) 205 Recreation 265,362 302,773 37,411 301 Tree Planting Trust 5,920 802 (5,118) 306 Sidewalk Trust 4,604 1,153 (3,451) 307 Emergency Services 4,207 5,509 1,302 310 Police Training 15,405 15,943 538 311 Weed Abatement 24,043 30,849 6,806 403 A.D.#3-Marchant 3,238 3,844 606 404 A.D.#4-Cayucos/Sesparado 51,971 57,470 5,499 406 A.D.#6-Camino Real 109,125 253,210 144,085 407 Las Encinas/3-F Meadows A.D. 54,537 228,240 173,703 452 C.O.P. Debt Service 145,498 121,795 (23,703) 500 Capital Projects 327,916 89,027 (238,889) 550 Police Impact Fees 9,233 12,331 3,098 575 Fire Impact Fees 30,510 41,012 10,502 600 Parks Impact Fees 52,069 71,262 19,193 700 Drainage Impact Fees 24,769 41,736 16,967 701 Amapoa-Tecorida Fees 13,876 42,704 28,828 705 Public Works 45,110 62,031 16,921 731 St. Maint. Districts 1,162 2,223 1,061 732 TDA/Non-Transit 15,077 7,594 (7,483) 790 Sewer Facility Capital 262,997 295,155 32,158 809 A.D.#7 Santa Rosa 40,319 1,383 (38,936) Total City Revenues 7,025,227 7,835,174 809,947 The notes are an integral part of this statement. 000198 City of Atascadero Report 3 Finance Director's Report Through March 1996 (Unaudited) March 1995 March 1996 FUND EXPENDITURES: YTD ACTUAL YTD ACTUAL $ CHANGE 001 General Fund 4,853,107 5,092,$00 239,393 002 Gas Tax 344,787 281,782 (63,005) 015 Zoo Operations 173,868 189,488 15,620 101 93-STBG-688 0 43,261 43,261 102 1994 CDBG 0 172,008 172,008 103 1995 CDBG 0 177,036 177,036 121 COPS Fast Grant 0 15,665 15,665 200 Dial-A-Ride 233,944 248,224 14,280 201 Wastewater 591,428 479,339 (112,089). 203 Lake Pavilion 38,323 46,638 8,315 204 Aquatics 27,409 24,765 (2,644) 205 Recreation 322,148 325,448 3,300 301 Tree Planting Trust 2,914 1,410 (1,504) 306 Sidewalk Trust 0 0 0 307 Emergency Services 4,652 28,421 23,769 310 Police Training 18,059 20,163 2,104 311 Weed Abatement 884 3,104 2,220 403 A.D.#3- Marchant 46 0 (4 65) 404 A.D.#4-Cayucos/Sesparado 104,260 100,393 (3,867) 406 A.D.#6-Camino Real 150,584 345,239 194,655 407 Las Encinas/3-F Meadows A.D. 83,824 302,908 219,084 452 C.O.P. Debt Service 198,495 198,620 125 500 Capital Projects 319,025 193,736 (125,289) 550 Police Impact Fees 7,893 2,330 (5,563) 575 Fire Impact Fees 21,395 11 (21,384) 600 Parks Impact Fees 30,000 13,591 (16,409) 700 Drainage Impact Fees 0 6,406 6,406 701 Amapoa-Tecorida Fees 4,152 34,099 29,947 705 Public Works 36,027 10,490 (25,537) 731 St. Maint. Districts 0 0 0 732 TDA/Non-Transit 18,722 1,520 (17,202) 790 Sewer Facility Capital 264,127 610,834 346,707 806 Camino Real Construction 105,156 154,676 49,520 807 Las Encinas Construction 64,746 101,840 37,094 808 3-F Meadows Construction 2,422 83,560 81,138 809 A.D.#7 Santa Rosa 0 0 0 Total City Expenditures 8,022,397 9,309,505 1,287,108 TOTAL NET CHANGE AMOUNT (997,170) (1,474,320) (477,160) The notes are an integral part of this statement. 000199 City of Atascadero Report 4 Finance Director's Report Through March 1996 (Unaudited) BEGINNING REVENUES EXPENDITURES ENDING FUND FUND BALANCE YTD ACTUALS YTD ACTUALS FUND BALANCE 001 General Fund ($550,064) 4,411,293 5,092,500 ($1,231,271) 002 Gas Tax 23,623 336,131 281,782 77,972 015 Zoo Operations (131,908) 139,784 189,488 (181,612) 101 93-STBG-688 0 16,364 43,261 (26,897) 102 1994 CDBG 0 189,501 172,008 17,493 103 1995 CDBG 0 192,456 177,036 15,420 121 COPS Fast Grant 0 7,899 15,665 (7,766) 200 Dial-A-Ride 11,344 225,132 248,224 (11,748) 201 Wastewater 836,980 584,192 479,339 941,833 203 Lake Pavilion (46,859) 32,085 46,638 (61,413) 204 Aquatics (8,108) 12,294 24,765 (20,578) 205 Recreation (84,288) 302,773 325,448 (106,963) 301 Tree Planting Trust 38,320 802 1,410 37,712 306 Sidewalk Trust 42,817 1,153 0 43,970 307 Emergency Services 4,506 5,509 28,421 (18,405) 310 Police Training (3,474) 15,943 20,163 (7,694) 311 Weed Abatement 9,982 30,849 3,104 37,727 403 A.D.#3- Marchant (8,343) 3,844 0 (4,499) 404 A.D.#4-Cayucos/Sesparado 62,641 57,470 100,393 19,718 406 A.D.#6-Camino Real 139,335 253,210 345,239 47,305 407 Las Encinas/3-F Meadows A.D 103,606 228,240 302,908 28,938 452 C.O.P. Debt Service 95,273 121,795 198,620 18,448 500 Capital Projects (47,626) 89,027 193,736 (152,336) 550 Police Impact Fees (190,388) 12,331 2,330 (180,387) 575- Fire Impact Fees (38,565) 41,012 11 2,436 600 Parks Impact Fees (136,001) 71,262 13,591 (78,330) 700 Drainage Impact Fees 460,661 41,736 6,406 495,991 701 Amapoa-Tecorida Fees 240,239 42,704 34,099 248,844 705 Public Works 486,028 62,031 10,490 537,569 731 St. Maint. Districts 50,336 2,223 0 52,559 732 TDA/Non-Transit 124,609 7,594 1,520 130,683 790 Sewer Facility Capital 2,416,891 295,155 610,834 2,101,212 809 A.D.#7 Santa Rosa 56,774 1,383 154,676 (96,519) Total City Funds $3,958,341 7,835,174 9,124,105 $2,669,411 The notes are an integral part of this statement. 00020 City of Atascadero Report 5 Finance Director's Report Through March 1996 (Unaudited) City Generated Accounts Receivable Current Past Due Totals Business License Fees $2,615 1,375 $3,990 Booking Fees 1,776 9,171 10,947 Alarm Billings 1,906 5,679 7,585 D.U.I. Billings 1,500 6,225 7,725 Fire Fines&Cost Recovery 1,082 0 1,082 Misc. Uncollected Debts 0 23,575 23,575 Sub-total $8,879 46,024 $54,,904 The notes are an integral part of this statement. 000201 The City of Atascadero Notes to the Finance Director's Report Through March 1996 75% of the year (Unaudited) Notes: Report 1 001-General Fund The General Fund's revenues were ahead of last years at March because of increased sales tax, TOT, property tax, and FEMA reimbursements. Personnel costs have decreased 3.5%, operations increased 1.5%, and capital outlay increased approximately 510% due to the purchase of Stadium Park. 102 -1994 CDBG The 1994 CDBG fund was originally budgeted for the completion of the Youth Center project. The Carlton project was subsequently started after the budget adoption. The revenues and expenditures will be adjusted at the year-to-date review for council adoption. 406-A.D.#6 The expenditures exceed budgeted because the total costs for the September 2"d bond call were not realized until after the budget adoption. An adjustment will be made before year-end. This note also applies to this fund in the other reports. 407-A.D.#7 The expenditures exceed budgeted because the total costs for the September 2"d bond call were not realized until after the budget adoption. An adjustment will be made before year end. This note also applies to this fund in the other reports. Report 2 001-General Fund The General Fund's operating loss for March 1995 was ($699,848) as compared to this year's ($670,834). While this is a decrease of $29,014 over the previous year, the City needs to eliminate this operating deficit. 203-Pavilion The Pavilion has increased it's operating losses from ($9,388) to ($14,554). O00202 The City of Atascadero Notes to the Finance Director's Report Through March 1996 75%of the year (Unaudited) 205-Recreation The Recreation fund has cut it's operating losses from ($56,786) to ($22,675). However, the deficit amount will contribute to the funds deficit position. Other Funds The operating deficit for funds such as Fund 404, 406, 407, are due to a timing difference between receipt of the;property taxes and the occurrence of the expenditure. Report 3 001-General Fund The increased expenditures is primarily due to the purchase of Stadium Park. There has been increases in some expenditures while decreases in others Report 4 001-General Fund The beginning negative fund balance is the Unreserved Undesignated portion which reflects the borrowing of funds between Wastewater operations and other City funds. Report 5 A/R The accounts receivable shown are for City generated revenues only. Not shown are receivables from other agencies such as State and County. 000203 City of Atascadero General Fund's Top 10 Revenues Comparison 1994 1995 1996 PROPERTY TAX 1,287,558 1,233,305 1,282,894 SALES TAX 1,267,252 1,408,366 1,508,407 TOT 87,184 88,085 96,911 FRANCHISE FEES 56,938 80,680 81,876 BUSINESS TAX 77,208 84,888 72,315 PERMITS 146,552 183,259 182,527 MVLF 553,612 628,857 577,084 GOVRN'MT REIMB. 81,804 102,797 227,071 PLAN CHK FEES 77,336 90,865 117,535 CITY FINES 23,193 26,881 26,975 TOTALS 3,658,637 3,927,983 4,173,596 General Fund Top 10 Revenues 4,500,000 O•+x{LuL{?L{+r:-.;4:.? «-.:.nzrx::?:n x{. •x?{,?•+« Y:Y.)C$:'iriv:$:::n:{.r,:ktk•}:::r•.$;:?'rr w{v::.vkr..x#r:4r n '{v::.. :4.v ✓inv+:. :,'v','.}'}4.}'.}w:::.;;:f:r n.:w„n..tt.n::.w,n.n.nL:S:'$:.i•S:'.•::##'t "'^” ,ii,.,tLr.,• ,:.,K. ..'•rC4 ,.•, ::`•t:i$:{:F:k?`};::.}}}:;kk}+;• V. ,.f.r.. ..k....4.,:.: )'•::kkkf,.. r. }:} l t}}}yt:::k'<;:;.•`t•:Y t.....t vfi..v,..•..F.4:F+f.+LLLvf:{k;k;{{;{Y.{4.+f.::{;Ox:•:F}t f..{C;•:,:#•a -..:,,>iLtL.{.; ..,i:.4Y�$$:r.;$»,i.. .:? $:�f•:�} F;.:$'SY�Y$#.{..::rn•::•::}#•:•:rr: } <:}}.....:k.t v:Y.n.:.;,.Y+Fi$'v v:'T{}�'•:4: {# �� .v: •;?;•: f' }:{•?$?}$:4i?:•}$}iv}i}}}}x.$$:4?$:4}:•}4:;4$1 ..F..}: r ::t}•f::•}'l.{?•}M,ff,...{h'v: ::}}.v .v fA :•}fi}.h}. f... v::• {itiv ::ikGR#::i$'.4#t4:.;:}}:{.}}}•{.:vY ut"v:v "vff/.•„L,t.:{•:{�'r:24}:;4:4Y':v$:#k•$f+.{L+?it}•: ,-'$r{�. 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'%i:}F•$:. vrv..;{{{{{{L}}:.S<:::}:•isSb:!{y}i:•}}:6:•}}:{^:{4:Ji}:-%�}:{•:•%?:4:5{4:4)}}}S})Si}'4:6}.'•} ..... ..r:.r.rr:}:}.....:.v:.�::.vw.vn:�:.,}}}:w.y.}v.�.v:.�::?:.,:}:)•;:::.va;-::.,t:,::•..:•” 000,000 Ii$ 01994 ............ •:..$,.$�::::::<:: 1995 2,000,000 000 ..... ...:::..vnv ...•::vvv::.�:::nv::::::.v:::;f::.v':::r'?{^}w::•v}%:n.}}}»}}v:::.}v::::r: 0 1996 ?tSG: vry:%r'iF:-%li$$$:%,>.:%t'isS:;:,vF%$ji}�{t%ii}i}is4:•}i}}}:-}'h::{::::•S}}$$:it':::iiii}:ii�%:'iC%$i:%$$$:%:�:iv.-�:<?}C{%:}i::{+.. ...... 1,000000 i:: ::::::}:i'$'r'}%$::::::<::j f::}isi:;::C%i:[ti%:G%$:'�$:t't i}r.S}..•r.::{? :}:{ %$:?$ fr >`sw: 0 S S S S S S Note: Capital Outlay includes a one-time expenditure for Stadium Park purchase of$314,176.08. 0002.105