HomeMy WebLinkAboutAgenda Packet 07/14/1998 •C I aCITY 'OF ATASCAD "ERO
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� CADi� OFFICE of the CITY CLERK
NOTICEPUBLIC
ATASCADERO CITY COUNCIL
ADDENDUM TO AGENDA
THE FOLLOWING ITEM IS HEREBY ADDED TO THE ATASCADERO CITY COUNCIL
AGENDA FOR July 14, 1998:
7:00 P.M. - REGULAR SESSION
A. CONSENT CALENDAR
6. Acceptance of Final Tract Map - 13000 Atascadero Road/Eagle Creek
Fiscal Impact: None (Staff recommendation: Council accept the Final Tract
Map for approved Tentative Tract.Map #98001) [Paul Saldanal
STATE OF CALIFORNIA''
COUNTY OF SAN LUIS OBISPO 1
CITY OF ATASCADEROI )
MARCIA M. TORGERSON, being fully sworn, deposes, and says: That she is the duly elected City
Clerk of the City of Ata8cadero and that on July 10, 1998, she caused the above Notice to be posted on the
doors of the City's Administration Building, 6500 Palma Avenue in Atascadero, California.
- - -
i%4u4., I77t -
MARCIA M.'TORGERSON
City Clerk
City of Atascadero
6500 PALMA AVENUE ATASCADERO,CA 93422 (805) 461-5074
ITEM NUMBER: A 6
DATE:_ 07/14/98
CADD
City Many` er's Agenda Report
Wade G. McKinney
Acceptance of Final Tract Map
(13000 Atascadero Road/Eagle Creek)
RECOMMENDATION:
Staff recommends:
I. That Council accept the Final Tract Map for approved Tentative Tract Map#98001.
• DISCUSSION:
Tentative Tract Map#98001 was approved by the Planning Commission at a Public Hearing held
on April 21, 1998. Sinkce then, all Conditions of Approval have been satisfied and the Map has
been approved and signed by the City Engineer. The Final Tract Map is therefore ready for
recordation.
FISCAL IMPACT:
None.
RESPONSIBLE DEPARTMENT: Community Development Department
ATTACHMENTS: Attachment A - Approved Tentative Map
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ATASCADERO CITY COUNCIL
MEETING
TUESDAY,JULY 14, 1998
City of Atascadero
6500 Palma Avenue,41'floor
Atascadero,California
CLOSED SESSIO 6:30 P.M.:
1) Confe ence with labor negotiator(Govt. Code Sec. 54957,6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Atascadero Fire Captains,Atascadero Firefighters, Service Employees Intl. Union
Local 20,Atascadero Sergeants Service Orgn., Atascadero Police Officers
Assoc , Atascadero Public Safety Technicians Orgn.
2) Conference with legal counsel (Govt. Code Sec. 54956.9(b))
Signif cant exposure to litigation.
REGULAR SESSI N, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Carden
Mayor Pro Tern Johnson
Council Member Clay
Council Member Lerno
Council Member Luna
APPROVAL OF A SNDA: Rolf Call
COUNCIL ANNOUNCEMENTS AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future'agenda. No formal action
by the Council will be taken unless an item is identified on the Agenda.)
COMMUNITY FORUM:
(This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda)
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken)
1. City Council Minutes June 23, 1998=(City Clerk recommendation:Approve) [Marcia
Torgerson]
2. May 1998 Accounts Payable and Payroll Fiscal Impact: $769,126.42 (Staff
recommendation: Council review and approve) [Rachelle Rickard)
3. Treasurer's Report-April 1998—Fiscal Impact: None (Treasurer's recommendation:
Review and accept) [Rudy Hernandez]
4. Treasurer's Report-May 1998-Fiscal Impact: None (Treasurer's recommendation:
Review and accept) [Rudy Hernandez]
5. 1998 Annual Spending Limit—Gann Limit—Fiscal Impact: None (Limit is$8,493,672)
(Staff recommendation: Adopt Resolution No. 1998-031, establishing the annual
spending limit for fiscal year 1998-99) [Rochelle Rickard)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1, Paloma Creek Park Concessionaire Agreement-Fiscal Impact: Approximately$2,300 in
revenue (Staff recommendation: Council authorize the Mayor to execute an agreement
with Webb Food Services for food concessions at Paloma Creek Park) [Brady Cherry]
2: Information Bulletin
D. COMMITTEE REPORTS
2
(The following represent standing committees. Informative status reports will be given,
as felt necessa ):
L S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Economic Rom d Table i
4. Water Committes i
A. SLO County Flood Control &Water Conservation District Water Resources
Advisor Committee
B. Nacimidnto Water Purveyors' Contract Technical Advisory Committee
C. North County Water Task Force
5. Integrated Wase Management Authority
6. North County Council
7. Air Pollution C)ntrol District
8. County Mayor' Round Table .
9. Economic Vitality Corporation, Board of Directors
10. City/Schools C ommittee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNM NT:
THE COUNCIL WILL,ADJOURN TO THE REDEVELOPMENT AGENCY MEETING
IMMEDIATELY FOLLOWING THIS MEETING.
Please note: Should a 7yone challenge any proposed development entitlement listed on this
Agenda in court, that p erson may be limited to raising those issues addressed at the public
hearing described in 6,is notice, or in written correspondence delivered to the City Council at or
prior to this public hea ring.
3
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING'
GENERAL INFORMATION
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103),
available for public inspection during City Hall business hours.
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 will assist the City staff in assuring that reasonable arrangements can '
be made to provide accessibility to the meeting or service.
TO SPEAK AT PUBLIC HEARINGS
Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject,announce
when the public hearing is open and request anyone interested to address the Council regarding the
matter being considered. If you wish to speak for,against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address
•_ Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
+
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.
The Mayor will announce when the hearing is closed,and thereafter,no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS
Under Agenda item,"COMMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council,please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
ITEM NUMBER: A - 1
DATE: 07/14/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, JUNE 23, 1998
CLOSED SESSION, 6:30 P.M.:
1) Conference with labor negotiator (Govt. Code'Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union
Local 620, Atascadero Sergeants Service Orgn., Atascadero Police Officers
Assoc., Atascadero Public Safety Technicians Orgn.
2) Conference with legal counsel (Govt. Code Sec. 54956.9 (b))
Significant exposure to litigation.
Mayor Pro Tem Joh son adjourned the Closed Session at 6:53 p.m. and City Attorney Roy
Hanley stated the Council had given direction to City Manager Wade McKinney.
REGULAR SESSION, 7:00 P.M.:
Mayor Pro Tem Johnson called the Regular Session to order at 7:00 p.m. and Council Member
Clay led the Pledge f Allegiance.
ROLL CALL:
Present: Council Members Clay, Lerno, Luna and Mayor Pro Tem Johnson.
Absent: Mayor Carden
Others Present: City Clerk Marcia M. Torgerson
Staff Present: City Manager Wade McKinney, Fire Chief Mike McCain, Police Chief
Dennis Hegwood, Community Services Director Brady Cherry, Acting
Finance Director Rachelle Rickard, Community Development Director
Paul Saldana, Assistant City Engineer John Neil, Finance Technician
Valerie Humphrey, and City Attorney Roy Hanley.
000001
APPROVAL OF AGENDA:
Mayor Pro Tem Johnson announced,that the Council is going to adjourn to the Redevelopment
Agency Meeting before going back into Closed Session.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda.
Motion passed 4:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Johnson announced he attended the meeting for the North County Cuesta
College Campus Master Plan which included representatives from Paso Robles, Templeton and
Atascadero. He stated there will be two public meetings on this issue; June 24' at 3:00 p.m. at
the Atascadero Unified School District Board Room, and July 2 at 7:00 p.m. in the same
location.
PRESENTATIONS:
City Manager Wade McKinney introduced new employee, Office Assistant Kathy Buth to the
Council. Mr. McKinney stated that she will be working in the City Manager's office.
COMMUNITY FORUM:
Curtis Clark, 6906 Portola Road, asked that the Council put on a future Council agenda proposed
ordinance amendments to the existing Sexually Oriented Business Ordinance. He stated that he
had given the Council a sample of the proposed amendments two months ago (see Exhibit A).
Eric Greening, 7365 Valle, asked the Council to let the Legislature-know that it is not acceptable
to leave local governments out of the picture when balancing their budget. Mayor Pro Tem
Johnson stated that the Council has gone on record with the State Legislature on this issue.
Mayor Pro Tem Johnson closed Community Forum.
Mayor Pro Tem Johnson asked City Attorney Roy Hanley if he had any comments on Mr.
Clark's proposal. Mr. Hanley stated that the Council is free to put on their agenda any item they
want at a time they feel appropriate.
Mayor Pro Tem Johnson asked staff to come back with a report on Mr. Clark's proposed
amendments to the Sexually Oriented Business Ordinance..
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A. CONSENTCALENDAR: Roll Call
1. Citv Council Minutes - May 26, 1998 - (City Clerk recommendation:Approve)
2. Citv Council Minutes - June 9, 1998 - (City Clerk recommendation: Approve)
3. Zone Chan2e #97011 - Amending the land use designation from "Public" to
"Commercial Park" between 1200-1800 El Camino Real (Davidson) - Fiscal Impact:
Positive (Planning Commission recommendations: Council adopt Ordinance No. 349,
waive reading in full and introduce for second reading by title only, approving Zone
Change #97011. [Paul Saldana]
4. Graves Creek Road Overlay Project - Award of Agreement for Construction - Fiscal
Impact: $3561,834 (Staff recommendation: Council authorize the Mayor, by Minute
Order, to execute an Agreement for the Construction of Graves Creek Road Overlay
Project with Souza Construction, Inc.) lBrady Cherry]
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve the Consent Calendar Items #A-1, 2, 3 & 4.
Motion passed 4:0 by a roll-call vote.
B. PUBLIC HE RINGS:
1. Sewer Service Char es - Authorization to place on the 1998-99 property tax rolls -
Fiscal Impac Revenue of$1,348,743.16 (Staff recommendation: Council adopt
Resolution No. 1998-027 authorizing placement of Sewer Service Charges on the 1998-
99 property tax rolls. [Brady Cherry]
Community Services Director Brady Cherry gave the staff report.
There was no public comment on this item.
Council Member Lu a stated that there was a time in Atascadero when there were some entities
that should have bee i paying sewer fees who were not. He asked what progress is being made
on collecting those d linquent charges. City Manager Wade McKinney stated he did not know
but would look into t and report back to Council.
MOTION: By Council Member Luna and seconded by Council Member Clay to
adopt Resolution No. 1998-027, authorizing placement of Sewer
Service Charges on the 1998-99 property tax rolls.
Motion passed 4:0 by a roll-call vote.
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2. 1998-99 Proposed Budget - Amending the 1997-98 Budget and Adopting the 1998-99
Budget --Fiscal Impact: Revenues of$12,676,127 and expenditures of$15,108,985
(Staff recommendation: 1) Adopt Resolution 1998-030 amending the 1997-98 Budget,
and 2) Adopt Resolution 1998-026 adopting a budget for the 1998-99 fiscal year and
delegating to the City Manager authority to implement same) [Rachelle Rickard]
City Manager Wade McKinney gave the staff report.
Council Member Luna explained with an overhead projection (page C-1 of the proposed budget)
how the City has been able to improve its financial condition. He thanked the City Employees
for helping the City financially by not taking a cost of living increase for five years. He asked if
Atascadero might consider a 2-year budget. Mr. McKinney stated that next year, we could
consider a 2-year budget. Council Member Luna stated that he does not support hiring a City
Engineer.
Council Member Luna also stated that he does not support having the Compliance Officer under
the Community and Economic Development Department. He asked staff to explain how they
would respond to someone who felt it was a conflict of interest; protecting the City's natural
resources and the role of overseeing the economic development of the City. Community and
Economic Development Director Paul Saldana explained that much of the Compliance Officer's
responsibilities include zoning and land use violations. He said that each violation is reviewed
and delegated to the appropriate employee or department. Mr. Saldana stated that septic system
failures are now being referred to the Health Department for evaluation. He went on to explain,
in detail, how compliance issues are being handled in the Community and Economic
Development Department including administrative citations, abatement, judicial remedies and
mediation. Mr. Saldana also stated that he does include other departments if needed to solve a
compliance issue.
Council Member Lerno thanked the employees for the years of no cost of living raises and asked
Mr. McKinney to explain, for the benefit of the public, the loan from the Wastewater Fund and
give an update on the street maintenance program proposed. Mr. McKinney explained that staff
is proposing in this budget for the Amapoa-Tecorida Impact Fees Fund to borrow from the
Wastewater Fund approximately $150,000 to complete the Amapoa-Tecorida Storm Drain
Project. This would allow the City to use the Streets and Bridges Impact Fees Fund for
additional street projects. The Amapoa-Tecorida District collects approximately $20,000
annually and could pay the Wastewater Fund back.
Council Member Clay also thanked the employees for their help financially and their hard work.
Council Member Lerno also stated that he supports the hiring of a City Engineer.
PUBLIC COMMENT
Lon Allan, 6815 Santa Lucia, spoke on behalf of the Board of Directors of the Atascadero
Historical Society. He explained that they pre-date the City in City Hall having the museum here
since 1967 at a rate of$100.00 per year. He stated, for the record, that the Board is concerned
about the City's assessment of the 2600 sq.ft. they occupy. They hope that the newly assigned
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cost of$23,000 annually will not become the rent for the space. City Manager Wade McKinney
explained that the assessment of all City buildings is a recognition of the City's holdings.
Eileen Allan, Executi e Director of the North County Women's Resource Center and Shelter,
asked Council to fund community-based organizations such as Loaves and Fishes, Salvation
Army, The Link and The Women's Shelter Program. She explained that these agencies provide
essential services to residents of Atascadero. Ms. Allan stated that if these agencies are not
funded, it will impact the City's emergency services.
Diane Mann, 7715 Si ialoa Ave, President of Loaves and Fishes, asked the Council to include
them in the budget. She explained the services they provide and stressed the impact on the City
if they were not available to the public.
Jonni Biaggini, Exec tive Director of the San Luis Obispo County Visitors and Conference
Bureau, thanked the Council for their past support.
Eric Greening, 7365 Valle, stated that he was astonished that community projects were not
recommended for funding in this proposed budget.
Mayor Pro Tem Johnson closed the Public Comment period.
Mayor Pro Tem John on suggested that Atascadero work with a strategy to include community
projects, including the use of CDBG funds.
Lerno supported.the recommendation to have staff come back with a strategy Council Member pp to
include community projects. He also asked Eileen Allan if there is a timetable for qualifying for
grants. Ms. Allan said it's a yearly process.
Council Member Luna stated he would support a strategy to include community projects. He
suggested that the mid-year budget would be a better time to review this.
Council Member Clay asked if staff had the figures on how much The Loaves and Fishes and
The Women's Shelter received last year from the CDBG funding. Acting Finance Director
Rachelle Rickard told.the Council that page F-21 of the proposed budget shows a history of
CDBG funding from 1995 through 1999. Eileen Allan stated that the last time the Women's
Shelter received money from the City from the General Fund was 1995-96 and they received
$4,500.
Council Member Cla agreed with the other Council Members to look into a strategy to include
community projects.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
adopt Resolution No. 1998-030 amending the 1997-98 Budget, and
Resolution No. 1998-026 adopting a budget for the 1998-99 fiscal year
40 and delegating to the City Manager authority to implement same.
Motion passed 4:0 by a roll-call vote.
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C. MANAGEMENT REPORTS:
1. Designation of Redevelopment Survey Area - for redevelopment project study purposes
- Fiscal Impact: None (Staff recommendation: Approve Resolution 1998-029
designating a redevelopment survey area) [Paul Saldana]
Community Development Director Paul Saldana gave the staff report and answered questions of
Council. The Council questioned the size of the area designated by staff and Mr. Saldana
explained the process. Mr. Saldana explained that the $35,000 budgeted is the maximum that
would be charged by a consultant. The actual area to be surveyed will be reduced.
PUBLIC COMMENT
Rush Kolemaine, P.O Box 1990, stated that he supported staff's recommendation.
Mayor Pro Tem Johnson closed the Public Comment period.
MOTION: By Council Member Lerno and seconded by Council Member Luna to
adopt Resolution No. 1998-029 designating a redevelopment survey
area.
Motion passed 4:0 by a roll-call vote.
2. Consideration of Ballot Measure - on General Municipal Election, November 3, 1998 -
Fiscal Impact: None (Staff recommendation: No action) [Wade McKinney]
City Attorney Wade McKinney gave the staff report and explained staff's recommendation of no
action.
There was Council consensus that there isn't enough time to prepare a ballot measure.
Council Member Clay stated that he felt we should have a survey before putting this issue on a
ballot.
Council Member Luna stated he felt that this recommended ballot measure is too broad-based.
He explained that the ballot measure should ask for one million dollars and the establishment of
a record of how we are going to resolve the problem and see if there is citizen support.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, stated that he felt that there should be a ballot measure for each
request such as Streets and Zoo.
Mayor Pro Tem Johnson closed the Public Comment period.
There was Council consensus to take no action on this item.
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3. Information Bulletin
D. COMMITTEE REPORTS
Finance Committee
Council Member Luna announced that they reviewed the budget at their last meeting.
Economic Vitalit C r oration Board of Directors
Mayor Pro Tem Johnson stated that they have their annual planning workshop tomorrow. Paul
Saldana will be spea ing at the meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None.
F. ADJO NT:
Mayor Pro Tem Johnson adjourned the Regular Session at 8:20 p.m. to the Redevelopment
Agency Meeting immediately following this meeting.
CLOSED SESSION:
1) Conference with real property negotiator (Govt. Code Sec. 54956.9)
Negotiator: City Manager Wade McKinney
Property: Parcel #028,152,001
Negotiating parties: John Dunn & City of Atascadero
Under negotiation: Instruction to negotiator will concern price and terms of payment.
Mayor Pro Tem Joh son adjourned the Closed Session at 8:50 p.m. to the next scheduled
Regular Session on July 14, 1998. City Attorney Roy Hanley announced that the Council
gave the City Manager direction in the Closed Session.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgers n, City Clerk
Exhibit A - Proposed amendments from Curtis Clark
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Attachment: Exhibit A
Atascadero City Council
Meeting Date: June 23, 1998
1
April 6, 1998
i
Atascadero City Council
6500 Palm Ave.
Atascadero, CA 93422
RE: Proposed Amendments to Atascadero's Sexually Oriented Business Ordinance
Dear Councilmember:
Local regulation of sexually oriented businesses is unquestionably necessary to reduce or
eliminate the adverse secondary effects to a community. To our City's advantage and this
council's credit, an initial ordinance regulating sexually oriented businesses was enacted
approximately two years ago.
Since that time, awareness of the deleterious effects SOB'S have on a community has
continued to grow both locally and nationally. The adverse secondary effects including
increased crime, downgrading of property values and quality of life in the adjacent area,
urban blight, unlawful sexual activities and increased transmission of disease which tend to
accompany, concentrate around and be aggravated by SOB's are among the commonly cited
concerns.
To date, effective local regulation still constitutes the principal mechanism to ameliorate
the harm caused by SOB's. Well reasoned, and practical ordinances are basic to a sensible
and useful regulation of SOB's, to promote the health, safety, morals, and general welfare of
the citizens of a community like Atascadero. Toward that end, a review of our city's current
ordinance was undertaken in light of existing legal precedent, which resulted the proposal of
certain amendments, a copy of which is attached hereto.
The rationale behind and some of the plenteous authority for each of the proposed
amendments to our current ordinance, are briefly summarized as follows:
LAW OFFICE OF CURTIS L. CLARK
6906 Portola Road ■ Atascadero, CA 93422
(805) 466-4397 ■ Telephone/Telefax 000008
f $
Atascadero City Coun it
April 6, 1998
Page 2
Sec. 5-10.06. Regulations governing existing sexually oriented businesses.
The current ordinance allows for nonconforming uses to be permitted for a period of five
(5) years with a possi le extension of two (2) years. The amendment shortens these periods
to a more reasonable ime frame of one (1) year with a possible one (1) year extension.
There is no questi n that amortization of existing uses by SOB's to lessen the harmful
secondary effects is specifically authorized in California law. "Zoning ordinances may validly
provide for the eventual termination of non-conforming property uses without compensation if
the ordinance provide3 for a reasonable amortization period." City of Whittier v. Walnut
Properties, Inc., (19 3) 149 Cal. App. 3d at 644 Time periods as short as 90 days have
been upheld. Califo is courts have placed the burden of establishing the unreasonableness
of the amortization period upon the person complaining. See City of Whitler supra,
(upholding 120 dayperiod); also Castner v. City of Oakland, 129 Cal. App. 3d 94
(upholding a one yea period). The City of Atascadero would therefore be wise to establish
the more reasonable lime periods for amortization as proposed, to minimize the total harmful
secondary effects to be suffered.
Sec. 5-10.09. Permit required.
The licensing provisions within the Atascadero ordinance already requires many different
types of information to be provided by the business owner. The proposed amendments would
require disclosure of some additional information including inter alia disclosure of prior
criminal history.
Although Courts have split in their decisions regarding the various information licensors
have been allowed to require from applicants, they have found that it is a "proper exercise of
the police power to define the qualifications for one who engages in an occupation affecting
the public health, sa ety morals, or welfare." Broadway Books, Inc v. Roberts (E.D. Tenn.
1986) 642 F. Supp. 186, 492. The basic legal test governing such disclosures is that there
must be "a relevant orrelation' or 'substantial relation' between the government interest and
the information required to be disclosed." Buckley v. Valeo (1976) 424 U.S. 1, 64; See also
Ellwest Stereo Theater v. Boner (M.D. Tenn. 1989) 718 F. Supp. 1553, 1566
Disclosure of pr or criminal history coupled with a provision that a prior conviction within
a particular time fra a will bar the applicant from receiving the permit or license has been
upheld in many ares of the country. Airport Book Store, Inc. v. Jackson (1978) 242 Ga 214,
248 S.E. 2d 623; L orrago v. City of Louisville (W.D. Ky. 1978) 456 F. Supp. 30; Postscript
Enterprises v. City f Bridgeton (E.D. Mo. 1988) 699 F. Supp. 1393, affd,(8th Cir. 1990) 905
F. 2d 223; and Broadway Books, Inc., supra, 642 F. Supp. 486. As the Broadway Court
emphatically noted .'the city's legitimate goal of crime prevention makes it clear that it has a
substantial governmental interest in insuring that the persons who operate these establishments
also do not have criminal records. There has been no showing that these requirements would
chill plaintiffs First Amendment rights." Id, 642 F. Supp. at 493.
000009
A.tascadcro City Council
April 6, 1998
Page 3
Sec. 5-10.11. Issuance of Permit.
The proposed amendments would include the requirement that any permit issued shall
state on its face a clear warning, that the SOB whether permitted or not, may be subject to
prohibitions against public nudity and indecency pursuant to the United States Supreme Court
decision in Barnes v. Glen Theater, Inc., (1991) 501 U.S. 560.
Additional amendments add, clarify and harmonize the duty of the city manager to deny
an application for a permit for non-payment of city taxes, prior suspension or revocation of a
permit and conviction of specified criminal acts. See authorities and discussion under Sec. 5-
10.09 supra.
Each of the Atascadero ordinance requirements for issuance or denial of a permit are
precise standards capable of objective measurement and do not vest "unbridled discretion" on
the part of the licensing official. Burton v. Municipal Court (1968) 68 Cal. 2d 684; See also
City of Imperial Beach v. Palm Ave. Bookstore, (1981) 115 Cal. App. 3d 134, 139; Dease v.
City of Anaheim (C.D. Cal. 1993) 826 F. Supp. 336; Smith v. County of Los Angeles, (1994)
24 Cal. App. 4th 990, 29 Cal. Rptr. 2d 680, rev'd denied (1994).
Sec. 5-10.15. Suspension of Permit.
Even though there is language elsewhere in the ordinance that refers to or contemplates
the intermediary sanction of the suspension of a permit prior to the more drastic remedy of
revocation, the enabling provision itself was mistakenly omitted altogether. This amendment
would correct that oversight.
Sec. 5-10.16 Revocation of Permit.
The grounds for revocation of a permit usually reflect the grounds for suspension or
denial. Thus the proposed amendments to this section would include knowingly operating a
SOB during a period when the permittee's permit was suspended and for conviction of
specified criminal acts as previously discussed.
SEC. 5-10.18. Transfer of permit.
Amendment would require a transferee to file a permit application and precludes transfers
while suspension or revocation proceedings are pending.
Section 5-10.19. Sexually Oriented Business Employee License.
A provision requiring employees to be licensed and provide the relevant information
necessary to a proper exercise of police power is also essential. This amendment would
define the qualifications of those persons, who as a potential employee of an SOB, would 000010
f '
c
Ata der it it
sa oC
Y Coun
April 6 1998
Page 4
engage in an "occupation affecting the public health, safety morals, or welfare." Broadway
Books, Inc v. Roberts (E.D. Tenn. 1986) 642 F. Supp. 486, 492. The basis and authority for
such disclosures is set forth in Sec. 5-10.09 supra.
The requirement t at an application for license be denied (Sec. 5-10.19(b) (12) (i) for
fraud or misrepresent tion in the application process is appropriate. See Nevada
Entertainment Industries, Inc. v. City of Henderson, Nevada (9th Cir. May 4, 1994) (Table of
Unpublished Disposit ons), full text at 1994 WL 168264, (on rehearing, District Court's
judgment for city affirmed on the merits, regarding fraudulent application), prior opinion
dismissing action on abstention grounds, at 8 F.3d 1348 (9th Cir 1993), withdrawn upon
granting of rehearing.
Sec. 5-10.30. PR HIBITION OF DISTRIBUTION OF SEXUAL DEVICES.
There is sufficient information available which demonstrates that sexual paraphernalia
present significant public health and safety concerns because of the manner in which they are
commonly used. Tr smission of diseases, including HIV, due to use of the same sexual
device by more than one person and physical injuries, including bleeding, caused by sado-
masochistic use of such devices is of particular concern.
The proposed am ndment does not prohibit the use of sexual device paraphernalia only its
commercial distribution. Thus, it does not create a new standard of sexual conduct nor does
it purport to criminalize sexual activity which is not criminal under state law. EWAP, Inc.,
158 Cal Rptr 579.
There is no fundamental right, such as privacy or equal protection, involved in the
commercial distribution of sexual paraphernalia. Other states have passed regulations
proscribing their distribution. For example Georgia passed a statute making it an offense to
promote these "obscene devices" and made them contraband as obscene per se. Three cases
upholding the law a d convictions thereunder were appealed to the United States Supreme
Court, all of which were dismissed for want of a substantial federal question. See, Sewell v.
State, (1977) 228 Ga. 495, 233 S.E.2d 187, appeal dismissed, (1978)435 U.S. 982; Simpson v.
State, (1978) 144 Gd. App. 657, 242 S.E.2d 265, appeal dismissed (1978), 439 U. S. 887;
Dobbs v. State, (1978) 145 Ga. App. 14, 243 S.E.2d 275, appeal dismissed, (1978) 439 U.S.
899. It should be noted that such a dismissal is a decision on the merits and acts as an
affirmance of the va idity of the law involved.i Hicks, Dist. Attorney of Orange County v.
Miranda, DBA Walr ut Properties, (1975) 422 U.S. 332
The remaining a endments namely - Sec. 5-10.31. SEVERABILITY, Sec. 5-10.32.
CONFLICTING ORDINANCE REPEALED, Sec. 5-10.33. EFFECTIVE DATE, and Sec.
5-10.34. POSTING are simple housekeeping'type provisions.
000011
' ! I
Atascadcro City Council
April 6, 1998
Page 5
As stated at the outset, it is well established that sexually oriented businesses by their very
nature cause serious harms to any community. Increased crime, illicit drug use, public health
and safety hazards, devaluing of nearby property, lower tax revenue, noise,litter, traffic
congestion, and cruising are just some of the adverse effects demonstrated by cities
throughout the United States in various land use studies. Copies of these studies as well as a
helpful legal manual referencing a model ordinance and compiling authorities cited herein are
available through the National Law Center in Fairfax, Virginia (703-691-4626). The NLC
model ordinance was used by the City of Atascadero for the initial provisions enacted, as well
as the proposed amendments discussed above.
Atascadero is entitled to rely on the experiences of other cities, and in particular on the
detailed findings of their land use studies, as noted by Chief Justice Rehnquist in his majority
opinion in City of Renton v. Playtime Theaters, Inc.,(1986) 475 U.S. 41. It therefore makes
good sense for our community leadersto amend our current ordinance in light of this existing
knowledge and concomitant legal precedent.
If I can answer any questions or concerns, or further assist in any way possible, please do
not hesitate to ask. S
Sincerely,
LAW OFFICE OF CURTIS L. CLARK
by: y
Curtis L. Clark
CLC/grc
Enclosures
000012
(Proposed) ORDINANCE NO.
N ORDINANCE OF THE CITY COUNCIL OF
HE CITY OF ATASCADERO, CALIFORNIA
AMENDING--CHAPTER 10 - SEXUALLY ORIENTED BUSINESSES
The City Council of the City of Atascadero, State of California, does hereby ordain:
Sec. 5-10.01 [no change in language]
Sec. 5-10.02 [no change in language]
Sec. 5-10.03 [no change in language]
Sec. 5-10.04 [no change in language]
Sec. 5-10.05 [no change in language]
See. 5-10.06 Regulations governing existing sexually oriented businesses
(shall be amended as follows):
(a) Any sexually oriented business lawfully operating on the effective date of
the ordinance codified in this chapter that is in violation of Sections 5-10.03 and 5-10.05
shall be deemed a nonconforming use. A nonconforming use will be permitted to
continue for a period of five (5` hears one (1) year, with a possible extension of two (2)
years one (1) year to be granted by the Planning Commission only upon a convincing
showing of extreme financial hardship which is defined as the recovery of the initial
financial inve tment in the nonconforming use, unless sooner terminated for any reason
or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming.
uses shall not be increased, enlarged, extended or altered except to a conforming use. If
two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one
another and o herwise in a permissible location,the sexually oriented business which was
first establishd and continually operating at the particular location is the conforming use
'
and the later stablished business(es) is nonconforming, except as provided in Section 5-
10.03(b).
(b) A sexually oriented business lawfully operating as a conforming use is not
rendered a nc nconfonning use by the location, subsequent to the grant or renewal of a
sexually orier ted business permit and/or license, of a church, public or private elementary
000013
-or secondary school, public park, public building, residential district, or residential lot
within one thousand (1,000) feet of the sexually oriented business. This provision applies
only to the renewal of valid permit and/or license and does not apply when an application
or a permit and/or license is submitted after a permit and/or license has expired or has
been revoked.
(c) Any establishment subject to the provision of this section shall apply for
the permit provided for by Section 5-10.10 within thirty (30) days of the effective date
of the ordinance codified in this chapter. Any establishment, existing prior to the
effective date of the ordinance codified in this chapter, shall comply with the regulations
pertaining to Sections 5-10.20 and 5-10.22, within sixty (60) days of the effective date
of the ordinance codified in this chapter,and all other applicable permit regulations within
thirty (30) days of the effective date of the ordinance codified in this chapter.
(Ord. 298 § 6, 1998)
Sec. 5-10.07 [no change in language]
Sec. 5-10.08 [no change in language]
See. 5-10.09 Permit required.
(shall be amended to read as follows:)
(a) No sexually oriented business shall be permitted to operate without a valid
sexually oriented business permit issued by the City for the particular type of business.
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to
be operated a sexually oriented business without said permit.
(b) The City Manager or his/her designee is responsible for granting, denying,
revoking, renewing, suspending, and canceling sexually oriented business permits for
proposed or existing sexually oriented businesses. The City Manager or his/her designee
is also responsible for ascertaining whether a proposed sexually oriented business for
which a permit is being applied for complies with all locational requirements of Sections
5-10.03, 5-10.05 and 5-10.06, all applicable zoning laws and/or regulations now in effect
or as amended or enacted subsequent to the effective date of the ordinance codified in this
chapter in the City and the City Comprehensive Plan.
(c) The San Luis Obispo County Sheriffs Department is responsible for
providing information on whether an applicant has been convicted of a specified
criminal act during the time period set forth.
;2
F
000014
(d) The City's Code Enforcement Office is responsible for inspecting a
proposed, permitted or non-permitted sexually oriented business in order to ascertain
whether it is in compliance with applicable statutes and ordinances.
(e) An application for aperm it must be made on a form provided by the City.
Any person desiring to operate a sexually oriented business shall file with the City an original
and two copies of a sworn permit application on the standard application form supplied by the
City or designee.
(f) The completed application shall contain the following information and shall
be accompanic d by the following documents:
(1) If the applicant is:
(i) An individual, the individual shall state his/her legal name and any aliases
and submit sa isfactory proof that he/she is eighteen (18) years of age,
(ii) A partnership, the partnership shall state its complete name, and the names
of all partners, whether the partnership is general or limited, and a copy of the partnership
agreement,if iny,
(iii) A corporation, the corporation shall state its complete name, the date of its
incorporation, evidence that the corporation is in good standing under the laws of
California,the names and capacity of all officers,directors and principal stockholders, and
the name of the registered corporate agent and the address of the registered office for
service of process;
(2) If the applicant intends to operate the sexually oriented business under a
name other than that of the applicant, he must state the sexually oriented business'
fictitious name;
(3) Whether the applicant or any of the other individuals listed pursuant
to Section 540.09 of this Ordinance has, within the two (2) or five (5) year period
as specified n Section 5-10.11 immediately preceding the date of the application,
been convict.-d of a specified criminal act, and, if so, the specified criminal act
involved, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals listed pursuant
to Section 5-10.09 o this Ordinance has had a previous permit under Ordinance or other
similar sexually orie ited business ordinances from another city or county denied,suspended
or revoked, including the name and location of the sexually oriented business for which the
permit was denied, iuspended or revoked, as well as the date of the denial, suspension or
revocation, and whether the applicant or any other individuals listed pursuant to Section
3
000015
5--10.09*has been-a partner in a partnership or an officer, director or principal stockholder
of a corporation that is permitted under this Ordinance whose permit has previously been
denied, suspended or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked as well as the date of
denial, suspension or revocation.
(5) Whether the applicant or any of the other individuals listed pursuant
to Section 5-10.09 of this Ordinance holds any other permits and/or licenses under this
Ordinance or other similar sexually oriented business ordinances from another city or
county and, if so, the names and locations of such other permitted businesses.
(6) The single classification of permit for which the applicant is filing;
(7) The location of the proposed sexually oriented business, including a legal
description of the property, street address, and telephone number(s), if any;
(8) The applicant's mailing addresses and residential address;
(9) A recent photograph of the applicant (s).
(10) The applicant's driver's permit number,Social Security number,and/or
his/her State or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch or diagram need not be
professionally prepared, but it must be drawn to scale or drawn with marked dimensions of the
interior of the premises;
(12) A current certificate and straight-line drawing prepared within thirty
(30) days prior to application by a California registered land surveyor depicting the
property lines and the structures containing any established existing uses regulated by this
Ordinance within 1000 feet of the property to be certified; the property lines of any
established religious institution/synagogue, school, or public park or recreation area within
1000 feet of the to be certified; and the property lines of any residentially zoned area or
residential property within 1000 feet of the property to be certified. For purposes of this
Section, A use shall be considered existing or established if it is in existence at the time an
application is submitted. Section 5-10.03(b) is excepted from this requirement.
(13) If a person who wishes to operate a sexually oriented business is an
individual, he/she must sign the application for a permit as applicant. If a person who wishes
to operate a sexually oriented business is other than an individual, each individual who has a ten
(10) percent or greater interest in the business must sign the application for a permit as applicant.
If a corporation is listed as owner of a sexually oriented business or as the entity which wishes
4
000016
to-operate such a-business, each individual having; a ten (10) percent or greater interest in the
corporation must sign the application for a permit as applicant;
(14) If a person wishes to operate a sexually oriented business which shall
exhibit on the premises films, video cassettes, or other video reproductions which depict
specified sexual activities or specified anatomical areas, then said person shall comply
with the application requirements stated at Section 2-0 5-10.18 et seq.
(g) pplicants for a permit under this section shall have a continuing duty to
promptly supplement application information required by this section in the event that
said information changes in any way from what is stated on the application. The failure
to comply with said continuing duty within thirty (30) days from the date of such change,
by supplementing the application on file with the City Manager or his/her designee, shall
be grounds for suspension of a permit.
(h) In the event that the City Manager or his/her designee determines or learns
at an time thal the applicant has improperly completed the application for a proposed
sexually oriented business, he/she shall promptly notify the applicant of such fact and
allow the applicant ten (10) days to properly complete the application. (The time period
for granting or denying a permit shall be stayed during the period in which the applicant
is allowed an opportunity to properly complete the application.)
(i) The applicant must be qualified according to the provisions of this
ordinance and the premises must be inspected and found to be in compliance with
health, fire and building codes and laws.
0) The applicant shall be required to pay a nonrefundable application fee of
one hundred dollars ($100.00) at the time of filing an application under this section.
(k) Prior to obtaining any permit or license to operate any sexually oriented
business defin d in this chapter, and as part of any application for a permit under this
section, the applicant shall obtain from the City or its designee a certification that the
proposed location of such business complies with the locational requirements of Sections
5-10.05 and 5-10.06.
(l) The fact that a person possesses other types of State or City permits and/or
licenses does not exempt him/her from the requirement of obtaining a sexually oriented
business permit.
(m) By applying for a permit under this Ordinance, the applicant shall be
deemed to have con ented to the provisions of this Ordinance and to the exercise by the
City Manager or his/her designee, the San Luis Obispo County Sheriffs Department and
all other City agenci s charged with enforcing the laws, ordinances and codes applicable in
the City of their res ective responsibilities under this Ordinance.
5
00001'7
(n) " The applicant shall be required to provide the City with the names of •
any and all employees who are required to be licensed pursuant to Section 5-10.19 of this
Ordinance. This shall be a continuing requirement even after a permit is granted or
renewed.
(Ord. 298 § 9, 1998)
Sec. 5-10.10. [no change in language]
Sec. 5-10.11. Issuance of Permit.
(shall be amended to read as follows:)
(a) The City Manager or his/her designee shall grant or deny an application
for a permit within thirty (3) days from the date of its proper filing. Upon the expiration
of the thirtieth (30th) day, unless the applicant requests and is granted a reasonable
extension of time, the applicant shall be permitted to begin operating the business for
which the permit is sought, unless and until the City, or its designee, notifies the applicant
of a denial of the application and states the reason(s) for that denial.
(b) Grant of Application for Permit.
(1) The City Manager or his/her designee shall grant the application unless one
or more of the criteria set forth in subsection (c) of this section is present.
(2) The permit, if granted, shall state on its face the name of the person or
persons to whom it is granted, the expiration date, and the address of the sexually
oriented business. The permit shall also indicate that the sexually oriented business
whether permitted or not may be subject to prohibitions against Public Nudity and
Indecency pursuant to the United States Supreme Court decision in Barites v Glen
Theater, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place
at or near the entrance to the sexually oriented business so that it can be read easily
at any time.
(c) Denial of Application for Permit.
(1) The City Manager or his/her designee shall deny the application for any
of the following reasons:
(i) An applicant is under eighteen (18) years of age; ,
(ii) An applicant or an applicant's spouse is overdue on his/her payment
to the City of taxes, fees, fines, or penalties assessed against him/her
or imposed upon him/her in relation to a sexually oriented business.
6
000018
' r
(iiir An applicant is residing with a person who has been denied a permit
by the City to operate a sexually oriented business within the
preceding twelve (12) months, or residing with a person whose permit
to operate a sexually oriented business has been revoked within the
receding twelve (12) months.
(iv) An applicant has failed to provide information required by this section or
permit application for the issuance of the permit or has falsely answered
question or request for information on the application form;
(v) The premises to be used for the sexually oriented business have not been
approved as being in compliance with health, fire and building codes by
the department or agency responsible under law for investigating said
ompliance;
(vi) he application or permit fees required by this chapter have not been paid;
(vii) An applicant of the proposed business is in violation of, or is not in
compliance with, any of the provisions of this chapter, including but not
limited to, the zoning locational requirements for a sexually oriented
business under Sections 5-10.03, 5-10.05 and 5-10.06;
(viii) The granting of the application would violate a statute, ordinance or court
order.
(ix) The applicant has a permit under this Ordinance which has been
suspended or revoked.
(x) An applicant has been convicted of a "specified criminal" act for
hich:
1) less than two (2)years have elapsed since the date of conviction
or the date of release from confinement, whichever is the later
date, if the conviction is of a misdemeanor offense for the
"specified criminal" acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another
sexually oriented business including, but not limited to,
distribution of obscenity or material harmful to minors,
prostitution, pandering, or tax violations;
(2) less than five (5)dears have elapsed since the date of conviction
or the date of release from confinement, whichever is the later
date, if the conviction is of a felony offense, for the "specified
criminal" acts which are sexual crimes against children, sexual
7
000019
' t
abuse, rape or crimes connected with another sexually oriented
business including, but not limited to, distribution of obscenity
or material harmful to minors, prostitution, pandering,or tax
violations;
(3) less than rive (5)years have elapsed since the date of conviction
or the date of release from confinement whichever is the later
date, if the conviction are two or more misdemeanor offenses,
for "specified criminal" acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another
sexually oriented business including, but not limited to,
distribution of obscenity or material harmful to minors,
prostitution, pandering, or tax violations; offenses occurring
within any twenty-four month period;
(4) the fact that conviction is being appealed shall have no effect on
disqualification of the applicant;.
(5) an applicant who has been convicted of the above described
"specified criminal" acts may qualify for a sexually oriented
business permit only when the time period required in the
above Section 5-10.11(x) has elapsed.
(xi) An applicant knowingly has in his or her employ, an employee who
does not have a valid license as required in Section 5-10.19 of this
Ordinance.
(2) If the City Manager or his/her designee denies the application, he/she shall
notify the applicant of the denial and state the reason(s) for the denial.
(3) If a person applies for a permit for a particular location within a period of
twelve (12) months from the date of denial of a previous application for a permit at the
location, and there has not been an intervening change in the circumstances which could
reasonably be expected to lead to a different decision regarding the former reasons for
denial, the application shall be denied.
(Ord. 298 § 1 l, 1998)
Sec. 5-10.12. [no change in language]
Sec. 5-10.13. [no change in language]
Sec. 5-10.14. [no change in language]
8
000020
(SECTION PREVIOUSLY IDENTIFIED AS "REVOCATION OF PERMIT" -
AMENDED AND RENUMBERED TO SEC. 5-10.16. THE NEW SEC. 5-10.15 SHALL READ
AS FOLLOWS:)
Sec. 5-10.15. Suspension of Permit.
(a) The City Manager or his/her designee, shall suspend a permit for a
period of not to exceed thirty (30) days if he/she determines that,a permittee, or an
employee of q permittee, has:
(1) Violated or is not in compliance with any section of this ordinance; or
(2) Been under the influence of alcoholic beverages or drug, or under the
combined influence of any alcoholic beverage and drug, while working in the
sexually oriented business premises; or
(3) Refused to allow an inspection of sexually oriented business premises
as authorized by this Ordinance; or
(4) Knowingly permitted gambling by any person on the sexually oriented
business premises; or
(5) Operated the sexually oriented business in violation of a building, fire,
health, or zoning statute, code, ordinance or regulation, whether federal, state or
local, said determination being based on investigation by the division, department
or agency charged with enforcing said rules or laws. In the event of such statute,
code, ordinance or regulation violation, the City Manager or his/her designee, shall
promptly notify the permittee of the violation and shall allow the permittee a seven
(7) day period in which to correct the violation. If the permittee fails to correct the
violation be re the expiration of the seven (7) day period, the City Manager or
his/her designee shall forthwith suspend the permit and shall notify the permittee of
the suspension.
(6) Engaged in permit transfer contrary to Section 5-10.18 of this
Ordinance: In the event that the City Manager or his/her designee suspends a
permit on the ground that a permittee engaged in a permit transfer contrary to
Section 5-10.18 of this Ordinance, the. City Manager or his/her designee shall
forthwith notify the permittee of the suspension. The suspension shall remain in
effect until the applicable section of this Ordinance has been satisfied.
(7) Operated the sexually oriented business in violation of the hours of
operation as delineated in Section 5-10.22.
9
000021
(8)" Knowingly employs a person who does not have a valid license as
required in Section 5-10.19.
(b) The suspension shall remain in effect until the violation of this statute,
code, ordinance or regulation in question has been corrected.
Sec. 5-10.16 Revocation of Permit.
(renumbered and amended as follows:)
(a) The City Manager or his/her designee shall revoke a permit if a cause of
suspension in Section 5-10.15 of this Ordinance occurs and the permit has previously
been suspended within the preceding twelve (12) months.
(b) The City Manager or his/her designee, shall revoke a permit upon
determining that:
(1) A permittee gave false or misleading information in t;he material submitted
during the application process that tended to enhance the applicant's opportunity for
obtaining a permit; or
2 A permittee or an employee has knowingly allowed possession, use or sale •
( ) PgY
of controlled substances or alcohol in or on the premises; or
(3) A permittee or an employee has knowingly allowed prostitution on the
premises; or
(4) A permittee or an employee knowingly operated the sexually oriented
business during a period of time when the permittec's permit was suspended; or
(5) A permittee has been convicted of a "specified criminal act" for which
the time period required in Section 5-10.11(x) of this Ordinance has not elapsed; or
(6) On two or more occasions within a twelve(12) month period, a person
or persons committed an offense, occurring in or on the permitted premises,
constituting a specified criminal act for which a conviction has been obtained, and
the person or persons were employees of the sexually oriented business at the time
the offenses were committed. The fact that a conviction is being appealed shall have
no effect on the revocation of the permit; or
(7) A permittee is convicted of tax violations for any taxes or fees related
to a sexually oriented business; or
10
000022
(8)" A permittee or an employee has knowingly allowed any act of sexual
intercourse, soc omy,oral copulation, masturbation,or any other specified sexual activities
to occur in or on the permitted premises; or
(9) A permittee has been operating more than one sexually oriented
business under a single roof except as provided in Section 5-10.03(b).
(c) hen the City Manager or his/her designee revokes a permits, the
revocation shall continue for one (1) year and the permittee shall not be issued a sexually
oriented business permit for one (1) year from the date revocation became effective. If,
subsequent to revocation, the City Manager or his/her designee finds that the basis for
revocation under Section 5-10.16 of this Ordinance has been corrected, the application
shall be granted a permit if at least ninety (90) days have elapsed since the date
revocation became effective. If the permit was revoked under Section 5-10.16 of this
Ordinance, an applicant may not be granted another permit until the number of years
required undei Section 5-10.16 have elapsed.
[FORMERS C. 5-10.16 RENUMBERED TO SEC. 5-10.17]. [no change in language]
[FORMER SEC. 5-10.17 RENUMBERED TO SEC. 5-10.18, AND SHALL BE
AMENDED TO READ AS FOLLOWS:].
SEC. 5-10.18 Transfer of permit.
(a) A permittee shall not operate a sexually oriented business under the authority of
a permit at any place other than the address designated in the application for permit.
(b) A permittee shall not transfer his/her permit to another person unless and
until such other person satisfies the following requirements:
1. Obtains an amendment to the permit from the City Manager or
his/her designee, which provides that he/she is now the permittee,
which amendment may be obtained only if he/she has completed and
properly filed an application with the City Manager or his/her
designee,setting forth the information called for under Section 5-10.11
of this Ordinance in the application; and
2. Pays a transfer fee of twenty percent (20%) of the annual permit fee
set by this Ordinance.
(c) No permit may be transferred when the City Manager or his/her designee has
notified the permi tee that suspension or revocation proceedings have been or will be
brought against the permittee.
11
000023
-(d) A "permittee shall not transfer his permit to another location.
(e) Any attempt to transfer a permit either directly or indirectly in violation of this
Section is hereby declared void and the permit shall be deemed revoked.
[SECTION PREVIOUSLY IDENTIFIED AS ` "REGULATIONS PERTAINING TO
EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN VIDEO BOOTHS" -
RENUMBERED TO SEC. 5-10.20. THE NEW SEC. 5-10.19 SHALL READ AS FOLLOWS:]
Section 5-10.19. Sexually Oriented Business Employee License.
(a) Each individual to be employed in a sexually oriented business, as
defined in Section 5-10.2 of this Ordinance,who engages in the services rendered by
a nude model studio, escort or escort agency, sexual encounter establishment,
massage parlor, or a live performer or entertainer shall be required to obtain a
Sexually Oriented Business Employee License. Each applicant shall pay a permit fee
of twenty-five dollars ($25.00). Said fee is to cover reasonable administrative costs
of the licensing application process.
(b) Before any applicant may be issued a Sexually Oriented Business
Employee License, the applicant shall submit on a form to be provided by the City
Manager or his/her designee the following information:
(1) The applicant's name or any other names (including "stage" names)
or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Driver's license or other identification number;
(7) Social Security number; and
(8) Acceptable written proof that the individual is at least eighteen (18)
years of age.
(9) Attached to the application form as provided above, a color
photograph of the applicant clearly showing the applicant's face, and the applicant's
12
000024
-fingerprints on a form provided by the Atascadero Police Department. Any fees for
the photographs and fingerprints shall be paid by the applicant.
(10)1 A statement detailing the license or permit history of the applicant for
the five (5) years immediately preceding the date of the filing of the application,
including whether such applicant previously operating or seeking to operate, in this
or any othercounty, city, state, or country has ever had a license, permit, or
authorization to do business denied, revoked, or suspended, or had any professional .
or vocational license or permit denied, revoked or suspended. In the event of any
such denial, evocation, or suspension, state the date, the name of the issuing or
denying jurisdiction, and describe in full the reasons for the denial,revocation or
suspension. A copy of any order of denial, revocation or suspension shall be
attached tot the application.
(11) Whether the applicant has been convicted of a "specified criminal act"
as defined in Section 5-10.110) of this Ordinance. This information shall include the
date, place and nature of each conviction or plea of nolo contendere and shall
identify the convicting jurisdiction.
(12) The City Manager or his or her designee shall refer the Sexually
Oriented Bt siness Employee License Application to the Atascadero Police
Department for an investigation to be made of such information as is contained on
the application. The application process shall be completed within ten (10) days
from the dat' the completed application is filed. After the investigation, the City
Manager or his/her designee shall issue a license unless the report from the
investigating 'police department finds that one or more of the following findings is
true:
(i) That the applicant. has knowingly made any false, misleading or
fraudulent statement of a material fact in the application for a license, or in any
report or record required to be filed with the investigating police department or
other department of the City;
(ii) That the applicant is under eighteen (18) years of age;
(iii) That the applicant has been convicted of a "specified criminal act" as
defined in Section 5-10.110) of this Ordinance;
(iv) That the Sexually Oriented Business Employee License is to be used
for employment in a business prohibited by local or state law, statute, rule or
regulation, or prohibited by particular provisions of this Ordinance;
4
1.3
000025
(v) That the applicant has had a Sexually Oriented Business Employee
License revoked by the City within two (2) years of the date of the current
application.
(c) Renewal of licenser
(1) A license granted pursuant to this Section shall be subject to annual
renewal by the City Manager or his/her designee upon the written application of the
applicant and a finding by the City Manager or his/her designee and the Atascadero
Police Department that the applicant has not been convicted of any "specified
criminal act" as defined in,Section 5-10.110) of this Ordinance or committed any act
during the existence of the previous license period which would be grounds to deny
the initial permit application.
(2) The renewal of the license shall be subject to the payment of a fee as
set by a resolution of the City Council.
Sec. 5-10.20. [FORMERLY DESIGNATED AS SEC. 5-10.18] [no change in language]
Sec. 5-10.21. [FORMERLY DESIGNATED AS SEC. 5-10.19] [no change in language]
Sec. 5-10.22. [FORMERLY DESIGNATED AS SEC. 5-10.20 no change in language]
] [ g
Sec. 5-10.23. [FORMERLY DESIGNATED AS SEC. 5-10.21] [no change in language]
Sec. 5-10.24. [FORMERLY DESIGNATED AS SEC. 5-10.22] [no change in language]
Sec. 5-10.25. [LIVE ENTERTAINMENT ORDINANCE?]
Sec. 5-10.26. [FORMERLY DESIGNATED AS SEC. 5-10.23] [no change in language]
Sec. 5-10.27. [FORMERLY DESIGNATED AS SEC. 5-10.24] [no change in language]
Sec. 5-10.28. [FORMERLY DESIGNATED AS SEC. 5-10.25] [no change in language]
Sec. 5-10.29. IMMUNITY FROM PROSECUTION.
The city and its designee, the San Luis Obispo County Sheriffs Department, and all
other departments and agencies, and all other City officers, agents and employees, charged
with enforcement of State and local laws and codes shall be immune from prosecution, civil
or criminal, for reasonable, good faith trespass upon a sexually oriented business while
acting within the scope of authority conferred by this Ordinance.
14
000026
Seca 5-0.30. PROHIBITION OF DISTRIBUTION OF SEXUAL DEVICES.
(a) It is unlawful for anyone to distribute, for commercial purposes, sell or offer
for sale any device, instrument or paraphernalia designed or marketed
primarily for stimulation of human genital organs or for sadomasochistic use
or abuse of themselves or others.
(b) Such devices, instruments or paraphernalia include, but are not limited to:
phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints,
racks, non-medical enema kits, body piercing implements (excluding earrings
or other decorative jewelry) or other tools of sadomasochistic abuse.
(c) A violation of this section is a misdemeanor punishable by a fine of up to One
Thousand Dollars ($1000) and six (6) months incarceration or both.
Sec. 5-10. 1. SEVERABILITY.
If any section, subsection or clause of this Ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining section, subsection and
clauses shall not be effected thereby.
Sec. 5-1032. CONFLICTING ORDINANCE REPEALED.
All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Sec. 5-10.33- EFFECTIVE DATE.
This Ordi iance shall be in full force and effect from and after
Sec. 5-10. 4. POSTING.
The City Clerk shall within fifteen (15) days after the passage of this Ordinance,
cause it to be posted in at least the three (3) public places designated by resolution of the
City Council; sh 11 certify to the adoption and posting of this Ordinance; and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of this City.
15
00002'7
ITEM NUMBER: A 2
DATE: 07/14/98
1918 ® Y 8
City Manager's Agenda Report
Wade G. McKinney
AY 1998 ACCOUNTS PAYABLE & PAYROLL
RECOMMENDATION
Approve certified City accounts payable,payroll and payroll vendor checks for May 1998.
DISCUSSI N
Attached for City Council review and approval are the following:
Pa rol
Period nd 05/08/98 Ck. #35065-35206 $ 122,438.19
Period nd 05/22/98 Ck. #35226-35365 122,735.06
SDecial Payroll
None Ck. #
Pa rol Vendors
Dated 5/15/98 Ck. #35207-35225 45,624.44
Dated 5/22/98 Ck.#35366-35384 45,638.07
Dated 5/31/98 Ck. #35528-35536 36,034.47
Accounts Payable
Dated May 1-31, 1998 Ck. #-62315-62618 324,217.52
Ck. #EFT24-EFT26 72,438.67
TOTAL AMOUNT $ 769,126.42
000028
City Manager's Agenda Report
May 1998 Accounts Payable and Payroll
Page Two
FISCAL IMPACT
Total expenditures for all funds is $769126.42
CERTIFICATION
The undersigned certifies that the attached demands have been released for payment and
that funds are available for these demands.
Dated: July 2, 1998
Rac elle Rickard
Administrative Services Director
Approved by the City Council at a meeting held July 14 1998.
Marcia M. Torgerson, City Clerk
ATTACHMENT: May 1998 Warrant Register in the amount of $396,656.19
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ITEM NUMBER: A — 3
DATE: 07/14/98
i e
cent
Cit Trea Agenda enda Re ort
Rudy Hernanc lez
Treasurer's Report - April 1998
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the April 1998
Treasurer's Report
REPORT IN BRIEF:
Cash and Investment
Checking $ 557,347
Certificates of Deposit 433,776
LAIF 8,846,447
Cash with Fiscal Agent: 261,807
Cash in Banks at April 30, 1998 $ 10,099,377
Deposits in Transit 13,268
Outstanding Cliecks (256,175)
Cast and Investments at April 30, 1998 $ 9,856,470
FISCAL IMPACT: None
RESPONSIBLEDEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Cash and Investments by Fum
Time Deposits, Certificates of Deposit, Savings and Local
Agency Investment Fund
Schedule of Certificates of Deposit
Page 1 of 000037
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF APRIL 1998
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
April 1, 1998 $ 591,801 $ 8,422,983 $ 260,604 $ 9,275,388
Receipts 1,632,653 107,240 1,203 1,741,096
Disbursements (917,108) (917,108)
Transfers In 750,000 750,000
Transfers Out (750,000) (750,000)
Balance per Banks at
April 30, 1998 $ 557,347 $ 9,280,223 $ 261,807 10,099,377
Deposits in Transit 13,268
Outstanding Checks (256,175)
Adjusted Treasurer's Balance $ 9,856,470
CITY OF ATASCADERO
R Y ARN �Z
ity Tre urer
Page 2 of 5 000038
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS BY FUND
APRIL 1998
RESERVED UNRESERVED
CASH(1) CASH(2) TOTALS
POOLED CASH
General Fund $ 1,253,850 $ 1,652,137
Gas Tax Fund 24,630
Development Fee Fund 7,943
Community Development Bl ck Grant (11,815)
Police Development Fees Fund (40)
Fire Development Fees Fund 27,103
Parks&Rec Development Fees Fund 74,263
Drainage Development Fees Fund 222,046
Amapoa-Tecorida Fees Fund 126,917
Public Works Development Fees Fund 584,916
Street Maintenance Districts Fund 48,577
TDA Non-Transit Fund 114,572
Sidewalk Fund 45,516
Capital Projects Fund (142,015)
Camino Real Construction F ind 31,752
Dial-A-Ride Fund (105,053)
• Wastewater Operations Fun 2,333,777
Sewer Facilities Fund 2,874,230
Assessment District#3 11,085
Assessment District#4 106,346
Assessment District#5 607
Camino Real Debt Service Fund 95,372
92 Street Improvement Assessment Fund 98,750
Assessment District#7 12,130
Assessment District#8 664
Assessment District#9 81,351
Assessment District#10 769
89 COP Debt Service Fund 8
Tree Plant Fund 24,266
Tree Association Fund 8
Total Pooled Cash 1,685,206 7,909,456 $ 9,594,662
CASH WITH FISCAL AGENT
Wastewater Operations Fund 4,945
Camino Real Debt Service fund 203,416
92 Street Improvement Ass sment Fund 52,813
89 COP Debt Service Fund 633
Total Cash with Fiscal Agent 261,807 - 261,807
Total of All Cash $ 9,856,469
000039
Page 3 of 5
CITY OF ATASCADERO
TREASURER'S REPORT
TIME DEPOSITS, CERTIFICATES OF DEPOSIT
SAVINGS AND LOCAL AGENCY INVESTMENT FUND
APRIL 1998
INVESTMENT INTEREST
AMOUNT EARNINGS
Orange County Investment PooUTRAN $ - $ 1,609 (6)
Orange County Investment Pool - 51,206 (6)
Local Agency Investment Fund (3) 8,252,447 107,240
Certificates of Deposit (see attached schedule) 1,027,776 16,580
TOTAL $ 9,280,223 176,635
Mid State Interest Received 1,639
TOTAL INTEREST RECEIVED $ 178,275 (5)
Notes:
(1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City. .
(3) On July 1, 1997, the City received$1,200,000 in the form of a Tax Revenue Anticipation Note(TRAN). The
City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25, 1998. The total
repayment($1,200,000+$53,850)is$1,253,850.
(4) April 1998 interest yields were as follows:
Orange County Not available
LAIF 5.67%
Mid-State 1.01%
(5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not
received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are
used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool,
interest earnings are reported on a calendar year basis.
(6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a
loss of $1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the
principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition
interest for the period from Decemberl, 1994 through July 20, 1995.
000040
Page 4 of 5
CITY OF ATASCADERO
TREASURER'S REPORT
SCHEDULE OF CERTIFICATES OF DEPOSIT
APRIL 1998
PURCHASE MATURITY YIELD YTD
BANK DATE DATE RATE AMOUNT INTEREST
Santa Lucia Bank 12/18/97 6/18/98 5.15% $ 36,776.00 $ -
Atascadero
Great Western Bank 12/27/97 6/21/98 5.20% $ 100,000.00 $ 1,654.27
San Luis Obispo
Union Bank 12/23/97 6/22/98 4.82% $ 99,000.00 $ 1,630.46
Atascadero
Bank of Santa Marr 1/27/98 7/24/98 5.01% $ 99,000.00 $ 1,690.68
Templeton
First Bank & Trust 2/28/98 7/26/98 5.48% $ 99,000.00 $ 1,745.57
Santa Maria
Bank of Americg 1/30/98 7/30/98 4.60% $ 99,000.00 $ 1,517.54
Atascadero
Los Padres Savings 2/8/98 8/12/98 5.00% $ 99,000.00 $ 1,667.20
Santa Maria
First Bank of SLO 2/19/98 8/19/98 5.40% $ 99,000.00 $ 1,913.32
San Luis Obispo
Wells Fargo Bank 2/22/98 8/22/98 4.50% $ 99,000.00 $ 1,471.62
San Luis Obispo
West America Bank 2/23/98 8/23/98 5.00% $ 99,000.00 $ 1,623.31
San Luis Obispo
Santa Barbara Bank & 3/7/98 9/6/98 5.24% $ 99,000.00 $ 1,666.51
Trust-Santa Maria
TOTAL $1,027,776.00 $162580.48
Page 5 of 5 000041
ITEM NUMBER: A = 4
■ � o■
DATE: 07/14/98
iais
CADS
City Treasurer's Agenda Report
Rudy Heman ez
Treasurer's Report - May 1998
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the May 1998
Treasurer's Report
REPORT IN BRIEF:
Cash and Investment
Checking $ 250,887
Certificates of Deposit 1,027,776
LAIF 8,852,447
Cash with Fiscal Agents 260,346
Cash in Banks at May 30, 1998 $ 10,391,456
Deposits in Tr nsit 344,540
Outstanding Checks (223,757)
Cast. and Investments at May 30, 1998 $ '10,512,239
FISCAL IMPACT: None
RESPONSIBLEDEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Cash and Investments by Func
Time Deposits, Certificates of Deposit, Savings and Local
Agency Investment Fund
Schedule of Certificates of Deposit
000042
Page 1 of 5
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF MAY 1998
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
May 1, 1998 $ 557,347 $ 9,280,223 $ 261,807 $ 10,099,377
Receipts 1,119,307 1,080 1,120,387
Disbursements (826,400) (1,908) (828,308)
Transfers In 633 600,000 600,633
Transfers Out (600,000) (633) (600,633)
Balance per Banks at
May 31, 1998 $ 250,887 $ 9,880,223 $ 260,346 10,391,456
Deposits in Transit 344,540
Outstanding Checks (223,757)
Adjusted Treasurer's Balance $ 10,512,239
CITY OF ATASCADERO
CTY HERNANDEZy Treasurer
Page 2 of 5 000043
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS BY FUND
MAY 1998
RESERVED UNRESERVED
CASH(1) CASH(2) TOTALS
POOLED CASH
General Fund $ 1,253,850 $ 2,260,013
Gas Tax Fund 74,844
Development Fee Fund 7,381
Community Development Bl ck Grant (49,773)
Police Development Fees Fund 1,716
Fire Development Fees Fund 33,180
Parks&Rec Development Fees Fund 84,588
Drainage Development Fees Fund 225,050
Amapoa-Tecorida Fees Fund 126,917
Public Works Development fees Fund 590,358
Street Maintenance Districts Fund 48,803
TDA Non-Transit Fund 114,256
Sidewalk Fund 45,516
Capital Projects Fund (169,766)
Camino Real Construction Ft nd 31,740
Dial-A-Ride Fund (123,941)
Wastewater Operations Fund 2,250,055
Sewer Facilities Fund 2,890,582
Assessment District#3 11,754
Assessment District#4 120,684
Assessment District#5 607
Camino Real Debt Service F nd 187,202
92 Street Improvement Assessment Fund 107,121
Assessment District#7 15,111
Assessment District#8 664
Assessment District#9 87,555
Assessment District#10 769
89 COP Debt Service Fund 641
Tree Plant Fund 24,408
Tree Association Fund 8
Total Pooled Cash $ 1,810,374 $ 8,441,519 $ 10,251,893
CASH WITH FISCAL AGEYT
Wastewater Operations Fund 4,968
Camino Real Debt Service Fund 202,347
92 Street Improvement Assessment Fund 53,031
89 COP Debt Service Fund -
Total Cash with Fiscal Agent $ 260,346 $ - 260,346
Total of All Cash $ 10,512,239
Page 3 of 5
000044
CITY OF ATASCADERO
TREASURER'S REPORT
TIME DEPOSITS, CERTIFICATES OF DEPOSIT,
SAVINGS AND LOCAL AGENCY INVESTMENT FUND
MAY 1998
INVESTMENT INTEREST
AMOUNT EARNINGS
Orange County Investment PooUTRAN $ - $ 1,609 (6)
Orange County Investment Poo - 51,206 (6)
Local Agency Investment Fund(3) 8,852,447 107,240
Certificates of Deposit(see attached schedule) 1,027,776 20,858
TOTAL $ 9,880,223 180,913
Mid State Interest Received 2,401
TOTAL INTEREST RECEIVED $ 183,314 (5)
Notes:
(1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) On July 1, 1997, the City received$1,200,000 in the form of a Tax Revenue Anticipation Note(TRAN). The
City must repay this amount including$ 53,850 of interest (4.50% per annum) on June 25, 1998. The total
repayment($1,200,000+$53,850)is$1,253,850.
(4) May 1998 interest yields were as follows:
Orange County Not available
LAW 5.67%
Mid-State 1.01%
(5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not
received. Also not included above are interest amounts earned.in Fiscal Agent or County accounts, which are
used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool,
interest earnings are reported on a calendar year basis.
(6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a
loss of $1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the
principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition
interest for the period from Decemberl, 1994 through July 20, 1995.
Page 4 of 5
000045
CITY OF ATASCADERO
- TREASURER'S REPORT
SCHEDULE OF CERTIFICATES OF DEPOSIT
MAY 1998
PURCHASE MATURITY YIELD YTD
BANK DATE DATE RATE AMOUNT INTEREST
Santa Lucia Bank 12/18/97 6/18/98 5.15% $ 36,776.00 $ -
Atascadero
Great Western Bank 12/27/97 6/21/98 5.20% $ 100,000.00 $ 2,081.62
San Luis Obispo
Union Bank 12/23/97 6/22/98 4.82% $ 99,000.00 $ 2,107.09
Atascadero
Bank of Santa Marr 1/27/98 7/24/98 5.01% $ 99,000.00 $ 2,108.13
Templeton
First Bank& Trusl 2/28/98 7/26/98 5.48% $ 99,000.00 $ 2,187.00
Santa Maria
�ank of America 1/30/98 7/30/98 4.60% $ 99,000.00 $ 1,909.69
tascadero
Los Padres Savings 2/8/98 8/12/98 5.00% $ 99,000.00 $ 2,093.54
Santa Maria
First Bank of SLO 2/19/98 8/19/98 5.40% $ 99,000.00 $ 2,387.69
San Luis Obispo
Wells Fargo Bank 2/22/98 8/22/98 4.50% $ 99,000.00 $ 1,842.87
San Luis Obispo
West America Bank 2/23/98 8/23/98 5.00% $ 99,000.00 $ 2,043.22
San Luis Obispo
Santa Barbara Bank & 3/7/98 9/6/98 5.24% $ 99,000.00 $ 2,097.02
Trust-Santa Maria
TOTAL $1,027,776.00 $20,857.87
Page 5 of 5 000046
ITEM NUMBER: A-5
■ ■ii■ ■ ■II DATE: 07/14/98
MR E ® I 1979
City Manager's Agenda Report
Wade G. McKinney
1998-99 Annual Spending Limit
RECOMMENDATION:
Staff recommends adopting Resolution# 1998-031 establishing the annual spending limit for fiscal
year 1998-99.
DISCUSSION:
As part of the City's amival budget adoption process, The City's annual spending limit(Gann Limit)
must be approved by the Council. Staff calculates the new limit based on the formula set forth in
Proposition 111.
The limit was calculated as follows:
A. Prior Year Spending Limit $7,940,828
B. Population Factor 1.0270
C. Inflation Factor 1.0415
D. Adjustment Factor(B*C) 1.0696
E. Total Adjustment(A*(D-1)) $ 552,844
F. Current Year Limit(A+E) $8,493,672
FISCAL IMPACT None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Resolution 1998-031
.000047
RESOLUTION NO. 1998-031
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
ADOPTING THE FISCAL YEAR 1998-99
ANNUAL SPENDING LIMIT
WHEREAS,Proposition 111 revises the methodology used to calculate the Annual
Spending Limit; and
WHEREAS,the City of Atascadero must select the most appropriate criteria to be used
in calculating the annual limit; and
THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero.
SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal
year 1998-99 in establishing its new Annual Spending Limit:
County Population and California Per Capita Income
SECTION 2. That the annual spending limit for 1998-99 us calculated as follows:
Fiscal Year Percentage Change New Limit
1998-99 6.9621% $8,493,672
SECTION 3. Any judicial action or challenge must be commenced within 45 days of the
effective date of this Resolution.
SECTION 4. Documentation used in determining the Annual Spending Limit is
available to the public in the Finance Department,Administrative Building, 6500 Palma
Avenue, Room 203, Atascadero, California.
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
000048
Resolution No. 199 -031
Page 2
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson, City Clerk Ray Johnson, Mayor Pro Tem
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
000049
ITEM NUMBER: C — 1
DATE: 07/14/98
I oil
1918. ■ 1979
City Mane rorter's Agenda Report
Wade G. McKinney
Paloma Creek Park Concessionaire Agreement.
RECOMMENDATION:
Recommend approval of an agreement with Webb Food Services for food concessions at
Paloma Creek Park.
DISCUSSION'
On May 26, 1998 the City Council authorized the Mayor to enter into an agreement with
Trinda Robbins, o ner of the Paloma Creek Drive-thru Mini-Mart to operate the
Concession Stand Mrs. Robbins was recommended by staff based on the review of three
proposals solicited from the public. Mrs. Robbins has notified staff that she no longer
wants to operate the Paloma Creek Park Concession Stand. A copy of the previous report
is attached.
Staff is requesting the City Council to authorize the Mayor to enter into an agreement
with the second best proposer. Proposals were submitted by:
Proposer Location % of gross Rating
Paloma Creek Mini Mart Atascadero 24 • . 30
Webb Food Services California Valley 25 25
Richard and Diane Moberg Paso Robles 20 5
Copies of the proposals are attached.
Staff originally recommended the selection of Paloma Creek Drive-thru Mini-mart based
on the results of a graded evaluation to determine the most suitable proposer. Webb Food
Services finished econd in this graded evaluation and based on their food concession
experience, should provide good concession service. The selection of Webb Food
Services may slightly increase our revenue from this facility as they had the highest
percentage of gross receipts to the City in the original proposals.
000050
FISCAL IMPACT:
Approval of the Concessions Agreement with Webb Food Services will not significantly
change the amount of revenue generated by food concessions at Paloma Creek Park.
Adele's Catering paid the City 22% of gross sales. The 25% proposed by Webb Food
Services may slightly increase the $2,300.00 generated at Paloma last fiscal year.
ALTERNATIVES:
No alternative proposed.
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Contract#98035
Copies of proposals from three proposers
000051
Ci f A
City o tascadero
Contract#98035
CONTRACT FOR SERVICES .
PALOMA CREEK PARK
FOOD AND DRINK CONCESSION
OPERATION
THIS AGREEMENT is made upon the date of execution, as set
forth below, by and between Webb Food Services , hereinafter
referred to as "Contractor",. and the ' City of Atascadero,
California, a Aunicipal Corporation, hereinafter referred to as
"City. " The parties hereto, in, consideration of the mutual cove-
nants contained herein, hereby agree to the following terms and
conditions
1.00 GENERAL PROVISIONS
1 . 01 TE This agreement ,will become effective on the date
of execut on set forth below, and will continue in effect
until terminated as provided herein.
1 .02 LOCATION: Premises of Operations is the concession
facility located at Paloma Creek Park, 11665 Viejo Camino,
Atascader , California
1 .03 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide services, as specified within
this contract and in "Description of Services" attached hereto
as "Exhibit A" .
Contractor shall determine the method, details and means of
performing the above-referenced services.
Contractor may, at Contractor's own expense, employ such
assistant as Contractor deems necessary to perform services
required of Contractor by this agreement. City may not
control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.04. SUBLEASE: Contractor shall not sublease or otherwise
convey an interest of any sort granted by •this agreement to
any persor or persons whatsoever without prior written
consent and approval by the City.
1 .05 COMPENSATION: In consideration for with the terms. of
this contract, Contractor agrees to pay the sum of 25%
PALOMA CREEK PARK FOOD AND DRINK 1
CONCESSION OPERATI 3N AGREEMENT
000052
City of Atascadero
Contract#98035
of the total gross earnings monthly of all monies received
by the Contractor from the use of the. premises depicted in
this contract. Gross earnings shall not include any sales
or excise taxes imposed by any governmental entity.
Payment to the City of Atascadero of the percentage gross
earnings received shall be made by the tenth .(10th) day .of
each month. Payments are required to be submitted to the
City of Atascadero, Department of Community Services, Room
107, Atascadero, Ca. 93422 (Attn: Paula Anton) .
Failure by the Contractor to tender payment to .the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this agreement.
1.0.6 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all its business
transactions in separate records of account for the
concession operation, in a manner acceptable to the City.
The City shall have the right through its representatives,
and at all reasonable times, to inspect such books and
records, including State of California sales tax records.
The City may require Contractor, at his expense, to have his
records and accounts audited by an auditor acceptable to the
City and shall present said audit to the Director of
Administrative Services within thirty (30) days after the
completion of the audit. If Contractors fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor' s expense.
1 .07 CONDITIONS OF PREMISES: The taking of possession of
the. subject premises by Contractor shall, in itself,
constitute acknowledgment that the premises are in good and
tenantable condition. Contractor agrees to accept said
premises in the present existing condition, :'as is" and the
City shall not be obligated to make any alterations,
additions, or betterments thereto.
Contractor may construct or modify the said premises with
prior written approval by the Director (or designee) of the
Department of Community Services. Any plans for such
construction, if applicable shall be submitted to the City
for approval. Such construction or modification shall be
without cost to the City.
PAWMA CREEK PARK FOOD AND DRINK 2
CONCESSION OPERATION AGREEMENT
000053
. City ofAtascadero
Contract#98035
1 .08 SIGNAGE: All 'signs, names or placards shall be approved by
the Department of- Community Services prior to
installation. All signs will meet all requirements and
specifications as set forth ,by City.
2.00 OBLIGATIONS OF CONTRACTOR
2 .01 MINIMUM AMOUNT OF . SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services
set forth in this agreement in an efficient and effective
manner. Contractor may represent, perform services for and be
employed by additional individuals or entities, in Con-
tractor's sole discretion, as long as the performance of these
extra-contractual services does not interfere with or presents
a conflict: with City's business.
2 .02 HOUR3 OF OPERATION: Contractor is authorized to
operate the concession on a daily basis. Hours of
operation to be established by Contractor upon mutual
agre-meat with the Director (or designee) of the -Department
of Community Services.
The City will not restrict individuals, organizations, or
clubs, with a confirmed usage permit for Paloma Creek Park
sports fields, from providing similar concessions during
their special event, provided that the concessions are
specifically for participants of the said special event, and
provided that the concession has been authorized by the
Department of Community Services, and a County of San Luis
Obispo Health Department permit has been obtained.
At any time should an occurrence necessitate the closure of
Paloma Creek Park to the general public, the Contractor shall
have no recourse by law to the City for losses incurred.
2 .03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License, a San Luis Obispo County Health Department
permit, and a Board of Equalization Certificate.
2 .04 TAXES: Contractor agrees to pay all lawful taxes,
assessments or charges which may be levied by government
entities.
PALOMA CREEK PAIU,FOOD AND DRINK
CONCESSION OPERATION AGREEMENT
000054
City of Atascadero
Contract#98035
2.05 EQUIPMENT: Contractor, at his own expense, shall
completely equip the concession, .and keep all equipment in a
first class. manner to the satisfaction of the Department of .
Community Services throughout the term of this contract.
2.06 QUALITY OF SERVICE / CONTROLLED RATES AND CHARGES: The
City has the. right to inspect the prices and rates of goods
sold upon the subject premises. The City reserves the right
to prohibit the sale of any item which it deems objectionable
or beyond the scope of merchandise deemed necessary for proper
service to the public. Contractor shall post rates and prices
of all items in such places as designated by the City.
2.07 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services under
this agreement.
2. 08 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor has
no right to worker's compensation and other employee benefits.
If any worker insurance protection is desired, Contractor
agrees to provide worker's compensation and other employee 0
benefits, where required by law, for Contractor' s employees
and agents.
2 .09 IDENTIFICATION: Contractor hereby agrees to, and shall,
hold City, its elective and appointive boards, officers,
agents and employees, harmless and shall defend the same from
any liability for damage or claims for damage, or suits or
actions at law or in equity which may allegedly arise from
Contractor's or any of Contractor's employees' or agents'
operations under this agreement, whether such operations be by
Contractor or by any one or more persons directly or
indirectly employed by, or acting as agent for, Contractor;
provided as follows:
a. That the City does not, and shall not, waive any rights
against Contractor which it may have by reason of the
aforesaid hold-harmless agreement, because of the accep-
tance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by Contractor
shall apply to all damages and claims for damages of
every kind suffered, or alleged to have been suffered,
by reason of any of the aforesaid operations of Contrac-
PALOMA CREEK PARK FOOD AND DRINK 4
CONCESSION OPERATION AGREEMENT
000055
City of Atascadero
Contract#98035
for or any agent' or employee of Contractor regardless of
whether or not such insurance policies snail have been
dete ined to be applicable to any of such damages or
claims for damages.
2. 10 INS CE: Contractor shall not commence work under this
contract _ =til s/he shall have obtained all insurance required
under this section and such insurance shall have been approved
by City as to form, amount and carrier:
a. Public Liability and Property Damage Insurance:
Contractor shall take out and maintain . during the life
of this contract such. public liability and property
damage insurance as shall protect City, its elective and
appointive boards, officers, agents and employees and
Contractor and any agents and employees performing work
covered under this contract from claims for damages for
personal injury, including death, as well as from claims
for property damage which may arise from Contractor's
operation or anyone directly or indirectly employed by
Contractor. The amounts of such insurance shall be as
follow:
1 . Public Liability Insurance: In an amount not less
than $500,000 per injury, including death to any
one person and, subject to the same limit for each
person, in an amount not less than $1,000,000 on
account of any one occurrence;
2 . Property Damage Insurance: In an amount of not
less than $50,000 for damage to the property of
each person on account of any one occurrence.
3. Comprehensive Automobile Liability: Bodily injury
liability coverage of $500,000 for each person in
any one accident and $1,000,000 for injuries
sustained by two or more persons in any one
accident. Property damage liability of $50,000
for each accident.
b. PROOF OF INSURANCE: Contractor shall furnish City,
concurrently with the execution hereof, with copies of
all requiredinsurance policies, and adequate legal
assurance that each carrier will give the City at least
thirty (30) days prior notice of cancellation of any
policy during the period of this contract. All insurance
policies shall name the City as additional insured with
the Contractor.
PALOMA CREEK PARK FOOD AND DRINK 5
CONCESSION OPERATI DN AGREEMENT
000056
City of Atascadero
Contract#98035
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable
requests of Contractor necessary to the performance of
Contractor's duties under this agreement.
3.02 PLACE OF WORK: City agrees to furnish concession
facility at Paloma Creek Park for use by the Contractor while
performing the services described in this agreement.
3.03 UTILITIES: City agrees to pay for electric, gas,
disposal and water utility fees associated with the
concession operation.
4 .00 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision of this agreement, any party hereto may terminate '
this agreement, at any time, without cause by giving at
least thirty (30) days prior written notice to . the other
parties to this agreement.
4 .02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the thirty (30) days as set forth in Section
4 . 01;
(5) End of the contract to which Contractor' s services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
4 .03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agreement
or materially breach of any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4.04 TERMINATION: This Agreement shall terminate on 6/31/99,
unless extended as set forth in this Section. The City, with
the agreement of the Contractor, is authorized to extend the
term of this Agreement beyond the termination date, as needed,
PALOMA CREEK PARK FOOD AND DRINK 6
CONCESSION OPERATION AGREEMENT
r,
000055'7
City of Atascadero
Contract#98035
under the same terms and conditions set forth in this
Agreement. Any such extension shall be in writing and be an
amendment to this Agreement.
5.00 MISCELLANEOUS
5. 01 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
addition to, all remedies now or hereafter allowed by law or
equity.
5.02 NO AIVER: The waiver of any breach by any party of any
provision of this agreement shall not constitute a continuing
waiver or a waiver of any subsequent breach of this agreement.
5.03 ASSIGNMENT: This agreement is specifically not assign-
able by Contractor to any person or entity. Any assignment or
attempt to assign by Contractor, whether it be voluntary or
involuntary, by operation of law or otherwise, is void and is
a material breach of this agreement giving rise to a right to
terminate as set forth in Section 4.03.
5.04 ATTORNEY FEES: In the event of any controversy, claim
or disputa between the parties hereto, arising out of or
relating to this agreement, or the breach thereof, -the pre-
vailing party shall be entitled, in addition to other such
relief as may be granted, to a reasonable sum as and for
attorney fees.
5.05 TIME FOR PERFORMANCE: Except as otherwise expressly
provided for in this agreement, should the performance of any
act required by this agreement to be performed by either party
be prevented or delayed by any act of God, strike, lockout,
labor trouble, inability to secure materials, or any other
cause except financial inability not the fault of the party
required to perform the act, the time for performance of the
act will be extended for a period of time equivalent to the
period of delay and performance of the act during the period
of delay will be excused;. provided, however, that nothing
contained in this Section shall exclude the prompt payment by
either patty as required by this agreement or the performance
of any acrendered difficult or impossible solely because of
the financial condition of the party required to perform the
act.
-5.06 NOTICES: Except' as otherwise expressly provided by law,
any and all notices or other communications required or
permitted by this agreement or by- law to be served on or given
PALOMA CREEK PARK FOOD AND DRINK 7
CONCESSION OPERATI N AGREEMENT
0.00058
Ci tyof Atascadero •
Contract#98035
to any party to this agreement shall be in writing and shall
be deemed duly served and given when personally delivered or
in lieu of such personal service when deposited in the United
States mail, first-class postage prepaid to the following
address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue, Rm 107
DPT OF COMMUNITY SERVICES Atascadero, CA 93422
(461-5000)
B. WEBB FOOD .SERVICES P. 0. BOX 3512
(805) 475-2134 CALIFORNIA VALLEY, CA 93453
5.07 GOVERNING LAW: This agreement and all matters relating
to this agreement shall be governed by the laws of the State
of California in force at the time any need for the inter-
pretation of this agreement or any decision or holding con-
cerning this agreement arises.
5.08 BINDING EFFECT: This agreement shall be binding on and .
shall inure to the benefit of the heirs, executors, ad-
ministrators, successors and assigns of the parties hereto,
but nothing in this Section shall be construed as a consent by
City to any assignment of this agreement or any interest in
this agreement.
5.09 SEVERABILITY: Should any provision of this agreement be
held by a court of competent jurisdiction or .by a legislative
or rule-making act to be either invalid, void or unen
forceable, the remaining provisions of this agreement shall
remain in full force and effect, unimpaired by the holding,
legislation or rule.
5.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole and entire agreement between the parties- with respect
to the subject matter hereof. This agreement correctly sets
forth the obligations of the- parties hereto to each other as
of the date of this agreement. All agreements or
representations respecting the subject matter of this
.agreement not expressly set forth or referred to in this
agreement are null and void.
5:11 TIME: Time is expressly declared to be of the essence
.of this agreement.
PALOMA CREEK PARK FOOD AND DRINK 8 •
CONCESSION OPERATION AGREEMENT
000059
Ci tyof Atascadero
Contract*98035
5.12 DUEAUTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly authorized
to do so on and in behalf of the parties:
5..13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and
that any rule of construction to the effect that ambiguities
are to be resolved against the drafting shall not apply in the
interpretation of .this agreement or any amendments or exhibits
thereto. The captions of the sections are for convenience and
reference only, and .reference only, and are not intended to be
construed to define or limit the provisions to which they
relate.
5.14 AME NENTS: Amendments to this agreement shall be made
only with the mutual written consent -of all of the parties to
this agreement.
Executed on July 28, 1998, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Tofg rson Wade McKinney
City Clerk City Manager
Approved as to form:
c
By:
j V
Roy Hanley David Webb
City Attorney Contractor
By:
Ro Webb
Contractor
Approved as to content:
Brady Cherry, Director
• Department of Community Services
PALOMA CREEK PARK FOOD AND DRINK 9
CONCESSION OPERATION AGREEMENT
000060
City of Atascadero
Contract#98035
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE CONTRACTOR
The Contractor shall utilize said premises for the following
purposes:
A. Premises shall be used for the purpose of selling over-the-
counter items such as soft drinks, candy, snacks, .hot dogs,
popcorn and cold sandwiches. NO ALCOHOLIC BEVERAGES MAY BE
SOLD.
B. Furnish and install at his own expense, .all necessary
equipment required for proper service to the general public.
C. The storage and service thereof shall be in an area approved
by the Director of Community Services.
D. Furnish and maintain proper facilities, equipment and
devices for the concession as herein provided.
E. Operate the facility -in a business-like manner and to the
satisfaction of the Department of Community Services, subject
to the maintenance of said areas of conformance with the
highest standards of health and safety for patrons of said
operation.
F. All items to be sold shall be approved by the Department of
Community Services.
PALOMA CREEK PARK FOOD AND DRINK 10
CONCESSION OPERATION AGREEMENT
000061
City of Atascadero
Department of Community Services
CONCESSIONAIRE PROPOSAL RATING SHEET
Concession location I
PftX_0V-(,q-
Address:
service: PALOMA CREEK PARK FOOD CONCESSION
Name of Proposer: 2�S C'7 �t e _.i d
Day Phone:
Criteria #1. Percentage of gross sales
Scoring- Top % proposer- 10 points
2nd highest%- 5 points
lowest percentage- 0 points
Comments:
j c�0-,�s
Criteria #2. Food Concessionaire experience �d
Scoring- Most related experience 10 points
2nd highest- 15 points
least related experience- 0 points
Comments:
Criteria #3. Type/Status of Business =�
Scoring- Co unity based Non-profit 10 points
Ata'cadero-based business- 5 points
non-resident based business- 0 points
Comments:
Criteria #4. Menu review
Scoring- Ideally suited/ affordable menu 10 points
Limited menu/ high price- 5 points
Unacceptable menu- 0 points
Comments:
TOTAL POINTS v C 1 tik
Signature of Rater: Date:
000062
City of Atascadero
Department of Community Services
CONCESSIONAIRE PROPOSAL RATING SHEET
Concession location/ service: PALOMA CREEK PARK FOOD CONCESSION
Name of Proposer:
Address: P0n � /l V4-t-
Day
C �Z1 �Ci Phone• '!:V75-
Criteria
!:V75 -Criteria #1. Percentage of gross sales (J
Scoring- Top % proposer- 10 points
2nd highest%- 5 points
lowest percentage- 0 points
J
Comments:
Criteria #2. Food Concessionaire experience s'
Scoring- Most related experience 10 points
2nd highest 5 points
least related experience- 0 points
Comments: / yrzS
Criteria #3. Type/Status of Business
Scoring- Community based Non-profit 10 points
Atascadero-based business- 5 points
non-resident based business- 0 points
Comments:
Criteria #4. Menu review / y
Scoring- Ideally suited/ affordable menu 10 points
Limited menu/ high price- 5 points
Unacceptable menu- 0 points
Comments:
TOTAL POINTS 12
Signature f r• <'-
g o Rater: Date:
000063
City of Atascadero
Department of Community Services
CONCESSIONAIRE PROPOSAL RATING SHEET
Concession location se ce: PALOMA CREEK PARK FOOD CONCESSION
Name of Proposer: pct{ /
Address:
Day Phone: Z j�r9y
Criteria #1. Percentage of gross sales 0
Scoring- Top /o proposer- 10 points
2nd highest%- 5 points
lowest percentage- 0 points
Comments: ;20
Criteria #2. Food Concessionaire experience
Scoring- Most related experience .10 points
2nd highest- 5 points
least related experience- 0 points
Comments: o
Criteria #3. a/Status of Business
Scoring- Community based Non-profit 10 points
Ata cadero-based business- 5 points
non-resident based business- 0 points
Comments: A/014.-
Criteria
/Criteria #4. Menu review
Scoring- Ideally suited/ affordable menu 10 points
er��higY��rec� 5 points
Unacceptable menu- 0 points
Comments:
TOTAL POINTS
A
Signature of Rater. - Date:
000064
ITEM NUMBER: C - 2
■ aso'® DATE: 07/14/98
1818 ® �1 97
CADF,��'
City Manager's Agenda Report
Wade G. McKinney
Information Bulletin
A. EMPLOYEE UPDATE
Jennifer Trautman P/Time Lifeguard Hired 06/13/98
Mari Wallace P/Time Lifeguard Hired 06/13/98
Stephanie Austin P/Time Rec Leader I Hired 06/16/98
Lucinda Josephs P/Time Scorekeeper Hired 06/23/98
Julia Renzaglia P/Time Rec Leader I Hired 07/01/98
Virginia Collie Office Ass't I Separation 06/30/98
Seth Niebecker P/Time Rec Leader I Resigned 06/01/98
Dean Austin P/Time Cashier Resigned 06/01/98
Joy Allen P/Time Rec Leader I Hired 06/29/98
Robert Mijares P/Time Rec Leader I Hired 07/01/98
James Henry P/Time Rec Leader I Hired 06/29/98
Rachelle Rickard Director of Admin Services Reclassification 07/01/98
Delma Mendes Finance Technician Reclassification 07/01/98
Liz Marical Finance Technician Reclassification 07/01/98
Valerie Humphrey Public Works Technician Transfer 07/01/98
Alicia Lara Assistant to the City Manager Reclassification 07/01/98
Vivian Witzel Office Assistant II Reclassification 07/01/98
000065