HomeMy WebLinkAboutAgenda Packet 01/23/2001 AGENDA
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 23, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1. Conference with legal counsel (Govt. Code Sec. 54956.9 (c))
Potential participation in litigation with:
California Sportsfishing Alliance v. City of San Luis Obispo
2. Real Property Negotiations (Govt. Code Sec. 54956.80
Potential lease of City property located at 5505 El Camino Real (Police Dept.)
Agency negotiator: City Attorney Roy A. Hanley
Negotiating party: Tacit Communications as agent for Sprint Spectrum PCS
Under Negotiation: Price and term
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Scalise
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
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.)
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. The Council may
take action on items listed on the Agenda.)
Commissioner Appointment Process—Council to review and establish an appointment process
for City Commissioners.
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—January 9, 2001
■ City Clerk recommendation: Council approve the City Council minutes of January 9;
2001 [City Clerk]
2. Type III Fire Engine—Authorization to purchase
■ Fiscal Impact: $184,449.00
■ Staff recommendation: Council authorize the purchase of a Type III Wildland Fire
Engine from West Mark Fire Apparatus. [Fire]
3. Radio Repeater Improvements—Authorization to spend grant funds
■ Fiscal Impact: $94,086 available from AB 3229 grant funds; and a savings of$127
per month
■ Staff recommendation: Council authorize the expenditure of grant funds to
implement improvements to the public safety radio repeater system. [Police]
4. FY 99-00 Street Rehabilitation Projects—Bid No. 2000-04
■ Fiscal Impact: $45,86666—project retention
■ Staff recommendation: Council accept the FY 99-00 Street Rehabilitation Projects as
complete and authorize the Administrative Services Director to release the project
retention in the amount of$45,866.66. [Public Works]
5. Acceptance of Final Parcel Map 99003 (AT 00-001)— 8930 Junipero Ave. (Bunyea)
■ Fiscal Impact: None
■ Staff recommendation: Council:
1. Accept the Final Parcel Map99003 (AT 00-001); and,
2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final
Parcel Map 99003. [Community& Economic Development]
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6. Energy Conservation—Request from State
■ Fiscal Impact: Savings through reduced energy costs
■ Staff recommendation: Council adopt the draft Resolution, announcing the City's
efforts toward energy conservation. [City Manager]
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Youth/Community Center Design Services
■ Fiscal Impact: $104,000, based on the construction cost of$850,000
■ Staff recommendation: Council authorize the Mayor to enter into an agreement with
Heiser and Associates, Inc.for the design services for the proposed Youth/
Community Center and authorize the related appropriations. [Community Services]
2. Atascadero Road Program
■ Fiscal Impact: No immediate impact. The overall project will reduce the City's road
costs.
■ Staff recommendation: Council:
1. Receive the update on the Atascadero Public Works Department Actions.
2. Approve the draft Resolution, accepting portions of San Gabriel, San Marcos
Road, Cayucos Ave., Falda Road, Hermosilla, Lobos Ave., Ramage Ave., Sonora
and Silla into the City Maintained Road System.
3. Approve draft Resolution of Intent to dissolve all Maintenance Districts listed on
• Exhibit "A" of the Resolution.
4. Receive a report on Trench Cuts and direct staff to come back to Council with a
Trench Cut Ordinance.
5. Receive a report on Development Standards and provide staff direction.
6. Receive a report on Assessment District and provide staff direction. [Public
Works]
3. State Route 41 Relinquishment—Lump-sum payment from State to City
■ Fiscal Impact: State to make lump-sum payment of$334,300 to City of Atascadero
■ Staff recommendation: Council authorize the Mayor to sign Cooperative Agreement
#05-CA-0089, between the City of Atascadero and the State of California, which
relinquishes a portion of State Route 41 (SR 41) to the City and provides $334,000 to
bring this portion of SR 41 into a "state of good repair. " [Public Works]
4. Facility Policies, Procedures and Fees—Recommended changes
■ Fiscal Impact: Potential rental income increase of approximately$13,000 per year
■ Staff recommendation: Council approve the draft Resolution amending the City of
Atascadero Facility Policies, Procedures and Fees. [Community Services]
5. Legislative Priorities 2001
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution establishing the City's
• legislative priorities for 2001. [City Manager]
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6. Live Scan Fingerprint System—Request to implement
■ Fiscal Impact: $6,263.25 annually as of FY 2001/2002. It is anticipated that 50% or
more will be offset by the revenue generated in the implementation of this system.
■ Staff recommendation: Council authorize the implementation of the Live Scan
fingerprinting system. [Police]
7. Information Bulletin
D. ATTORNEY REPORTS:
1. Regulation of Telecommunications Systems—Proposed Ordinance
■ Fiscal Impact: No negative impact. Possible positive impact by imposition of
franchise fees and minimizing damages to road system.
■ City Attorney recommendation: Council introduce, on first reading by title only, an
ordinance of the City Council of the City of Atascadero, relating to the regulation of
telecommunications systems which utilize public streets, rights-of-way, or other
public property. [City Attorney]
E. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary):
Mayor Arrambide
1. S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) •
2. Water Committees
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Finance Committee
2. City/ Schools Committee
3. Economic Opportunity Commission(EOC)
4. Atascadero State Hospital Advisory Board
Council Member Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. North County Homeless Coalition
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC)
2. Local Agency Formation Commissions (LAFCO)
Council Member Clay
1. Air Pollution Control District (APCD)
2. City/ Schools Committee
•
4
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
G. ADJOURNMENT:
THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION
SCHEDULED ON FEBRUARY 13, 2001, AT 7:00 P.M.
Please note: Should anyone challenge any proposed development entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the City Council at or
prior to this public hearing.
I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the
penalty of perjury that the foregoing agenda for the January 23, 2001 Regular Session of the
Atascadero City Council was posted on January 18, 2001 at Atascadero City Hall, 6500
Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's
office at that location.
Signed this 18`x' day of January, 2001 at Atascadero, California.
Marcia McClure Torgerson, City C rk
City of Atascadero
5
ITEM NUMBER: A-1
DATE: 01/23/2001
DRAFT MINUTES
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 09, 2001
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION: None
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone,
Administrative Services Director Rachelle Rickard, Public Works Director
Steve Kahn and Deputy City Attorney David Fleishman.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Charlotte Burn, President-elect of the El Camino Homeless Organization (ECHO), announced to
the Council they formed this organization as a result of the increasing numbers of homeless in
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the North County. She explained their goals and services and thanked the Council for their
support.
Mike Burn, 4064 Tranquilla, President of Loaves and Fishes and also a member of the Board of
ECHO, read the Mission Statement of ECHO, explained more about the services of ECHO and •
urged the Council to stay informed and involved on the issue of the homeless.
Richard Mullin, 4200 Portola Road, expressed his concerns about road problems. He stated he is
concerned about the traffic problems on San Anselmo near the intersection of Monterey Road,
and the traffic problems as a result of the realignment of Highway 41.
Todd Tognazzini, Fish and Game Warden with the California Department of Fish and Game,
stated he is here ,tonight at the request of Police Chief Hegwood to address the increased
sightings of mountain lions in Atascadero. He explained that, even though there have been more
sightings recently, the lion population in the City of Atascadero has not increased. The lack of
rain this year has caused the deer, which is the main prey for mountain lions, to stay in our
neighborhoods where there are plants to eat. Therefore, the mountain lions are forced to come
into our neighborhoods to obtain the deer.
Mayor Arrambide closed the Public Comment period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Scalise stated she would be taking over the meeting as Mayor Arrambide has
laryngitis.
Council Member Clayasked when the elevator would be fixed. Mr. McKinney stated it will be •
y
on the Council's next agenda.
Council Member Luna stated that the Governor has asked everyone to cut back on their
electricity and Council Member Luna asked if the City was going to set an example and how.
Mr. McKinney stated the City will take steps to conserve energy.
Council Member Johnson stated that the fuel cell technology issue is becoming closer where we
could do a small, city-size amount of power generation through fuel-cell technology. He
wondered if Atascadero should look into this technology.
Mayor Pro Tem Scalise announced Mayor Arrambide would like to recommend the Council
appoint a panel that would be responsible for doing candidate interviews for Planning
Commission and the Parks & Recreation Commission. She stated if the Council wants to
consider this proposal, we could place this issue on the next agenda.
There was Council consensus to bring back the panel proposal, and the current recruitment
deadline was extended to January 24, 2001.
Mayor Pro Tem Scalise announced the Mayor's assignments of Council Members to committees.
Mayor Pro Tem Scalise also read aloud the Draft Council Norms that have been agreed upon in
the past by the Council.
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Page 2
The Council Members made a few suggested corrections that will be presented to the Council
when they formally review the draft at a later meeting.
Council Member Clay asked Public Works Director Steve Kahn to respond to the traffic
• problems brought up during Public Comment. Mr. Kahn stated the problem areas mentioned are
included in future programs already established.
A. CONSENT CALENDAR:
1. City_ Council Minutes—November 28, 2000
■ City Clerk recommendation: Council approve the City Council minutes of November
28, 2000[City Clerk]
2. City Council Minutes—December 12, 2000
■ City Clerk recommendation: Council approve the City Council minutes.of December
12, 2000[City Clerk]
3. November 2000—Accounts Payable & Pam
■ Fiscal Impact: $1,219,290.11
■ Staff recommendation: Council approve accounts payable and payroll for November
2000 [Administration Services]
4. December 2000—Accounts Payable & Payroll
■ Fiscal Impact: S784,621.65
■ Stcrff recommendation: Council approve accounts payable and payroll for December
• 2000 [Administration Services]
5. Open / Hazard Abatement Burning — Amending the City's Burning Ordinance — Second
Reading of Ordinance
■ Fiscal Impact: Minimal for public education programs and inspections
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance amending Chapter 7, Section 5 of the Atascadero Municipal Code relating
to Backyard Burning [Fire]
6. Traffic Way Storm Drain Project—Award of Contract
■ Fiscal Impact: Engineer's estimate is 5231,410.63 to be funded through STIP
■ Staff recommendation: Council authorize the Mayor to execute an agreement to
construct the Traffic Way Storm Drain Project and make the necessary
appropriations. [Public Works]
7. Upgrade of Previously Approved Turf Sweeper
■ Fiscallmpact.• $1,500, plus tax
■ Staff recommendation: Council authorize additional fiends for the upgrade of the
previously approved Turf Sweeper. [Public Works]
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
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Page 3
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Information Bulletin
Council Member Luna commented about the PG&E report in the Information Bulletin. He
stated he approved the decision to underground the utilities in the Downtown and feels it was the
wrong thing to do to overhead the utilities to the Bonnema Brewery.
D. COMMITTEE REPORTS:
Water Committees
Council Member Clay stated they had an engineer's report at their last meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Johnson stated, in response to a Letter to the Editor that was critical of staff and
the City's management, that he strongly supports the Atascadero staff. He also said he has heard
many positive comments from employees. Council Member Johnson stated that he finds the
City staff loyal to the City at large, not just the City Manager. He said the Letter to the Editor
was an unfair comment in the press and insulted our employees. Council Member Johnson
stated that he defends our Staff in the face of public criticism in the press. •
Mayor Pro Tem Scalise and Council Member Clay seconded that comment.
City Manager Wade McKinney announced the appointment of Kurt Stone as the Acting Fire
Chief.
F. ADJOURNMENT:
Mayor Pro Tem Scalise adjourned the meeting at 8:05 p.m. to the special meeting scheduled on
January 16, 2001, at 7:00 p.m.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Barbara Patton, Deputy City Clerk •
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ITEM NUMBER: A-2
DATE: 01/23/2001
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,ATAsrAn�RO//
Atascadero City Council
Staff Report - Fire Department
Type III Fire Engine
Authorization to Purchase
RECOMMENDATION:
Council authorize the purchase of a Type III Wildland Fire Engine from West Mark Fire
Apparatus.
DISCUSSION:-
The purchase of a fire engine was included in the 2000-01 Budget to replace Engine-4 (E-7584).
The budget estimate was $190,000. Bid invitations, including specifications, were mailed to
four (4) vendors. including specifications. Three bids were received (see attached Bid
Summary).
After reviewing the bids, the recommendation is to award the bid to West-Mark Fire Apparatus,
the second lowest bid of$184,449. The proposal from the lowest bidder is not responsive to the
community needs. A more detailed memorandum is attached.
FISCAL IMPACT:
$185,949 - $1,500 (cash deduction) = $184,449, funds are included in the budget.
ALTERNATIVES: Not to purchase at this time.
ATTACHMENTS: Bid Summary (Bid No. 2000-014)
Bid Recommendation Memorandum: January 3, 2001
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City
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Office of the City Clerk
BID SUMMARY
TO: Fire Department
FROM: Marcia McClure Torgerson, City Clerk�Y
BID NO.: 2000-014
OPENED: 12/20/00,3:00 p.m.
PROJECT: Purchase of Fire Apparatus
(3) Bids were received and opened today, as follows:
Bidder Base Bid
Ferrara Fire Apparatus, Inc. $164,515.00
27855 James Chapel Road
P.O. Box 249
Holden, LA 70744
Haaker Fire Equipment $190,219.87
Arnie White
3505 Pomona Blvd.
Pomona, CA 91768
West-Mark $185,949.00
Mike Hennagin, Sales Engineer
2209 Parkland Way
Petaluma, CA 94954
Attachments: 3 bids
0t6
CITY OF ATASCADERO FIRE DEPARTMENT -MEMORANDUM
Date: January 3, 2001
To: Wade McKinney, City Manager
From: Roland Snow, Battalion Chief
Subject: Type-III Engine Bid Recommendation
The Fire Department received three —(3) bids for a Type-III Engine Bid.
West-Mark is the vendor recommended to receive the bid award. The bid was
$185,949, with a cash deduction of$1,500, if the City pays for the chassis upon
receipt. The West-Mark bid meets all of the specifications listed.
Ferrara Fire Apparatus submitted the lowest bid. However, it does not meet the
specifications, as listed. Additionally, the engine wheelbase is longer than
required for the terrain the engine would travel. The engine also features an
auxiliary pump motor, which requires extra maintenance opposed to the
specifications listed. The manufacturing company is located out-of-state and the
service center is a five —(5) hour driving time from Atascadero.
Haaker Fire Equipment was the highest bid received, and met specifications.
They were not selected due to the high cost.
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ITEM NUMBER: A-3
®'i° DATE: 01/23/2001
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Atascadero City Council
Staff Report - Police Department
Radio Repeater Improvements
RECOMMENDATION:
Council authorize the expenditure of grant funds to implement improvements to the public safety
radio repeater system.
REPORT-IN-BRIEF:
An interdepartmental effort by Police Lieutenant John Couch, Fire Department Battalion Chief
Fred Motlo and Public Works Superintendent Brian Sword has targeted the study of the City's
• radio repeater system. The task was to identify system design and costs associated with
upgrading the repeater system to eliminate areas of unacceptable radio transmission performance.
Moving the repeater to either Frog Pond Mountain or to the San Marcos water tank was
originally considered. Extensive signal strength testing was done to determine the viability of
both sites. The San Marcos site tested worse in field tests than the current site. The Frog Pond
site was better but it created other dead spots. FCC licensing issues as well as sharing building
space with a commercial broadcast company also influenced consideration of the Frog Pond site.
The cost of moving the repeater to either site would have been close to $130,000.
An alternative plan was sought and it was determined to be most cost effective to employ the use
of a remote receiver system placed in the area of the city most affected by the poor conditions. At
a cost of$94,086, this plan will increase reliability, enhance employee safety and add significant
coverage to the current system.
DISCUSSION:
Background: The current radio communications system was installed in mid 1980. The system
consists of three remote base/repeater stations on VHF and UHF frequency ranges supporting
Police, Fire and Public Works. One remote base station, which is not a repeated frequency, serves
Dial a Ride. This equipment is currently located in a light duty equipment shelter located on Pine
Mountain at the Atascadero Mutual Water Company water storage tank.
Primary dispatch activities originate from the Police Communications Center via a two-position
dispatch console. The console and various remote handsets are wired via leased Pacific-Bell
ITEM NUMBER: A-3
DATE: 01/23/2001
lines to control the Pine Mountain base station radios to provide communications with the
various mobile and hand carried radios in the field. •
The natural terrain of the City creates problems with radio communications affecting primarily
the performance of handheld radios. Handheld radios in the field receive broadcasts, however, in
some areas they are unable to activate the repeater so Dispatch or other field units do not hear
their transmissions. This is especially evident in the southern and eastern areas of the city,.which
are masked from the repeater by Pine and Chalk Mountains.,
Summary: Consideration was given to moving the Pine Mountain repeater to one of two sites.
The potential sites were chosen based on a computerized topographical model of the city relative
to broadcast coverage as well as information gained from prior similar projects. Signal strength
tests were conducted at the current site as well as both potential sites. That test revealed the areas
of worse performance to be in the southern and eastern portions of the city as well as the areas
west of the City in the Highway 41 corridor.
Field use signal tests were conducted as well as using a temporary repeater at both sites and
testing the critical areas identified in the previous tests. The site located at the San Marcos water
tank proved to be unacceptable and had to be discontinued the second day of testing, due to poor
performance. The site at Frog Pond Mountain proved to be better than the San Marcos site and
solved some reception problems but created other dead spots.
The testing confirmed that the present repeater site provides adequate broadcast coverage but is
limited in reception from handheld radios in those areas masked from the repeater antenna by •
Pine and Chalk Mountains.
An alternative was considered to place a receiver site at the Chalk Mountain water tank in the
southern part of the City. The receiver will receive the signals broadcast by radios in that area
and transmit them via phone lines to the repeater at Pine Mountain. The signal sent from the
Chalk Mountain receiver by phone line to the repeater is compared to the signal received by the
repeater antenna and the stronger signal is broadcast.
Analysis: The nature of the terrain in and around the City makes it very difficult to adequately
cover with a single repeater site. The remote receiver system is the most cost effective method of
resolving immediate communications coverage problems and configures the system in a way that
allows for expansion to cover other areas in the future. This method is considerably less
expensive than moving the repeater and does not incorporate the use of costly tall towers or
antennas that are offensive to citizens.
The Atascadero Mutual Water Company Board has given authorization for the City to use the
facility at Chalk Mountain in the same manner as the Pine Mountain site.
Conclusion: The reliability of the communications network is the backbone of all emergency
service operations in the city. Further growth of the City will only serve to compound the issues
we now face, specifically, the ability of field units and dispatchers to communicate adequately in
all areas of the City. Improvement of the repeater and dispatch functions will enhance the ability
of all departments to provide a high level of public safety service to the community.
009
ITEM NUMBER: A-3
DATE: 01/23/2001
Lt. Couch will coordinate purchasing and installation of equipment. Purchasing will be done in
accordance with the purchasing policy and will utilize Federal, State and County bid vendors
when available. City and county employees will provide labor. County of San Luis Obispo
communications personnel, who currently maintain City equipment pursuant to a service level
agreement, will complete radio component installation. Other communications vendors
contacted declined to bid on the project due to the limited scope of the project.
FISCAL IMPACT:
Cost of labor and equipment is $94,086, available from AB 3229 grant funds accumulated and
intended for communication improvements. The new system will eliminate two of five Pacific
Bell leased lines resulting in a monthly cost reduction of$127.
ALTERNATIVES:
1. Install the receiver site at Chalk Mountain along with related equipment at Pine
Mountain. Replace necessary radios at both Fire Departments and the Police Department
Dispatch Center to eliminate the dependence on phone company lines for primary broadcasts.
This will eliminate the most significant problem areas related to personnel safety and extends the
area served by the present repeater.
2. Continue to seek alternative sites for moving the repeater. This is not recommended due
to the excessive cost, public resistance to antenna structures and creation of other problem areas.
The terrain of Atascadero limits performance of single repeater sites.
ATTACHMENTS:
Project Equipment Spreadsheet
Sheetl
Group n ex Item Qty Location Est. Cost �Part No. VENDORChalk Mountain Water Tank Receive Only Site (PD, Fire, PW)
1.1 8'X8'X8' block building 1 Chalk Mtn. $6,000.00 I Contractor/City
1.11 HVAC unit, 2 ton cooling 1 Chalk Mtn. $2,800.00 AVP24ACA04CD Marvair,
1.12 Power Supply w/batt bkup 1 Chalk Mtn. $1,300.00 IPS12-35 Newmar
1.2 UHF receiver PD w/vote tone 1 Chalk Mtn. $2,130.00 ; TKR-840 Kenwood
I 1.21 VHF receiver Fire w/vote tone 1 Chalk Mtn.. $2,010.00 TKR-740 Kenwood
1.22 UHF receiver PW w/vote tone 1 Chalk Mtn. $2,130.00 'TKR-840 lKenwood
1.3 UHF antenna 5dB gain fibergla 1 Chalk Mtn. $375.00 �PD201-5 Cellwave
1.4 VHF antenna 5 dB gain fiber 1 Chalk Mtn. $610.00 IPD220-3B Cellwave
1.5 UHF bandpass preselector 1 Chalk Mtn. $1,800.00 TPCP-4544xxx Telewave
1.5 17ft 19" open rack and cable tray 1 Chalk Mtn. $400.00 -LineCPI & b
1.6 1/2" hardline cable 120ft est. 1 Chalk Mtn. $250.00 sLDF4-50 or eqv Andrew
1.71 Telco line protectors 3 Chalk Mtn. $525.00 x901-9325 JZetron.
1.72 Ant. Mounts, welding by others 1 Chalk Mtn. $200.00
1.73 Connectors (1 lot) 1 Chalk Mtn. $100.00
1.8 Elec. Service, materials 1 Chalk Mtn. $500.00 ;Conduit, material City
1.9 Install Leased telco lines 3 Chalk to Pine $3,000.00 ?Voice grade 32 Pacific-Bell
1.91 Phone Service Connection, Mal 1 Chalk Mtn. $1,700.00 Pacific-Bell
1.92 Labor config, install&test$80/ 80hrs Chalk Mtn. $6,400.00 ;Labor$ 80/tech h iSd Comm.
Adding Receivers at Chalk Mtn. TOTAL $32,230.00
2 Pine Mountain Radio Upgrade &Add Voting Comparators
Pine Mtn. Includes Improvements to Dispatch Radios and AFD Control Stations
2.1 SNV-12 Voter PD 1 JPine Mtn. $4,835.00 ;SNV-12 JPS Comm
2.11 SNV-12 Voter Fire 1 JPine Mtn. $4,835.00 ;SNV-12 JPS Comm
2.12 SNV-12 Voter PW 1 Pine Mtn. $4,835.00 ;SNV-12 JPS Comm
2.13 1100 Amp 12volt rectifier modul 1 Pine Mtn. $1,800.00 M0D12N100TC- PCP
2.14 Absolyte IF 440 A/hr battery 1 Pine Mtn. $1,950.00 j3-90A11-R19 GNB
2.2 Repeater Mastr III radio PD 1 Pine Mtn. $6,575.00 SXUM01 JEricsson
2.21 Repeater Mastr III radio Fire 1 Pine Mtn. $5,525.00 xSXHM01 JEricsson
2.22 Repeater Mastr III radio PW 1 Pine Mtn. $6,575.00 SXUM01 JEncsson
2.23 Connectors 25 Pine Mtn. $100.00 ;Andrew Talley
2.24 JTelco line protectors 3 Pine Mtn. $525.00 ;901-9325 Zetron
2.25 113ase Station Radios at Dispatc 3 Dispatch $7,500.00 �Rackmount Kenwood
2.26 Radio Control Stations 2 AFD 1 and 2 $5,000.00 ;TBA Kenwood
2.25 ILabor config, install &test $80/ 80hrs Pine Mtn. $6,400.00 ;Labor$80/Tech h iSd Comm.
Adding Voter Equip.at Pine Mtn TOTAL 1$56.455.00
Add 7.25% Sales Tax $5,501.00
Total Cost $94,186.00
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City of Atascadero C 11
Repeater Project Equipment Spreadsheet
ITEM NUMBER: A-4
FFN--i p c p'® �M DATE: 01/23/2001
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Atascadero City Council
Staff Report - Public Works Department
FY 99-00 Street Rehabilitation Projects
Bid No. 2000-04
RECOMMENDATION:
Council accept the FY 99-00 Street Rehabilitation Projects as complete and authorize the
Administrative Services Director to release the project retention in the amount of$45,866.66.
DISCUSSION:
On July 25, 2000, Council authorized the execution of an agreement with Granite Construction, Inc.
to construct the FY 99-00 Street Rehabilitation Projects. Contract Change Order No. 1 was issued
on this project and adjustments were made to unit quantities, bringing the total contract price to
$458,666.62.
The project included the rehabilitation of the following streets:
• Curbaril Avenue - El Camino Real to Sycamore Avenue
• San Anselmo Avenue—El Camino Real to Dolores Avenue
• Monterey Road — Monterey School to the Graves Creek Bridge, Campo Road to 400'
south of San Fernando Road
The City Engineer has reviewed the completed improvements and has found them to be in
substantial conformance with the project plans and specifications.
FISCAL IMPACT:
The project retention is $45,866.66. The following tables summarize the project construction
funding and expenditures.
CAMy Documents\Staff Reports\Staff Reports 2001\012301-Street Rehab.doc 012
ITEM NUMBER: A-4
DATE: 01/23/2001
CONSTRUCTION FUNDING
i
Fund 265 - TDA Article 8, Streets $89,060.00
Fund 282 - Drainage Impact Fees $24,000.00
Fund 310 - Surface Transportation Program(STP) $14,000.00
Fund 310 - State Transportation Improvement Program (STIP) $360,000.00
TOTAL CONSTRUCTION FUNDING $487,060.00
CONSTRUCTION EXPENDITURES
Construction $458,666.62
Contract Administration, Construction Engineering and Inspection $25,000.00
TOTAL CONSTRUCTION EXPENDITURES $483,666.62
ATTACHMENTS:
Notice of Completion
•
CAMy Documents\Staff Reports\Staff Reports 2001\012301-Street Rehab.doc 013
RECORDING REQUESTED BY:
(and when recorded, mail to:)
City Clerk
CITY OF ATASCADERO
• 6500 Palma Avenue
Atascadero, CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby given pursuant to Civil Code Section 3093:
1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter
described.
2. The furl l name of the owner is the City of Atascadero
3. The full address of the owner is: 6500 Palma Avenue,Atascadero, CA 93422
4. The nature of the interest of the owner is in fee.
5. A work of improvement on the property hereinafter described was completed on November 1, 2000.
6. The work done was the FY 99-00 Street Rehabilitation Projects(City Bid No. 2000-04).
7. The name of the contractor who performed such work of improvement was Granite Construction
Company, Inc.
• Dated:
By:
Wade G. McKinney, City Manager
City of Atascadero
VERIFICATION
I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I
have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on at the City of Atascadero, California.
By:
Wade G. McKinney, City Manager
City of Atascadero
C:\windows\TEMP\Notice of Completion.doc r, ' n
ITEM NUMBER: A-5
We A ® �{ DATE: 01/23/2001
isri isle
41
Atascadero City Council
Staff Report— Community Development Department
Acceptance of Final Parcel Map 99003 (AT 00-001)
8930 Junipero Avenue
.(Bunyea)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 99003 (AT 00-001); and,
2. Reject without prejudice, the public utility easement(P:U.E) shown on
Final Parcel Map 99003
• DISCUSSION:
Tentative Parcel Map 99003 was approved by the City Council on March 14, 2000 in
conjunction with a General Plan Amendment and Zone Change application. The
tentative map approval allowed the subdivision 1.07 acre lot into two lots .58 acres and
.49 acres respectively. The General Plan Amendment changed the land use designation
from Moderate Density Single Family (MDSF) to High Density Single Family (HDSF)
and the Zoning Map Change changed the zoning district from RSF-Y(Residential Single
Family 1 acre minimum with sewer) to RSF-X (Residential Single Family Y2 acre
minimum with sewer. The approval of the General Plan amendment and the zone change
facilitated the approval of the subdivision. The Final Parcel Map has been revised.to
reflect the required .50 net acre minimum parcel size.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) can not deny a final map that is consistent with an approved tentative map.
Staff has determined that the Final Parcel Map is consistent with Tentative Parcel Map
and all conditions of approval imposed by the City Council have been satisfied.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Tentative Parcel Map 99003 (AT 00-001)
015
ITEM NUMBER: A-5
DATE: 01/23/2001
Exhibit A
Final Parcel Map 99003(AT 00-001)
8930 Junipero Avenue
Bunyea
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016
ITEM NUMBER: A 6
DATE: 01/23/2001
1918 I A 11 9
Atascadero City Council
Staff Report - City Manager's Office
Energy Conservation
RECOMMENDATION:
Council adopt Draft Resolution, announcing the City's efforts toward energy conservation.
DISCUSSION:
Governor Gray Davis has requested cities to reduce electricity usage by five percent, and intends
to reduce overall ongoing energy usage by seven percent. This request is in response to the
severe energy crisis facing California. The League of California Cities is encouraging cities to
assist the Governor in his efforts because it is good for California and will impress upon the
Governor that cities can be a good partner.
Immediate conservation measures are required to ensure public safety and avoid the threat of
rotating power outages. The City and community members must make every effort possible to
conserve energy. The City has already been making strides to curtail usage and plans to
implement further conservation efforts in city facilities in hopes of achieving additional
reductions.
The attached resolution would communicate to the Governor that Atascadero is taking steps to
conserve energy and to encourage employees and private citizens to join in the campaign to help
California through this difficult time.
FISCAL IMPACT:
Savings through reduced energy costs.
ALTERNATIVES:
Not take steps to conserve energy. This alternative is not recommended.
ATTACHMENTS: Draft Resolution
117
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO TO REDUCE AND CONSERVE ENERGY
WHEREAS, California faces unprecedented energy challenges and severe electricity,
supply shortages; and
WHEREAS, the importance of immediate energy conservation efforts cannot be
overstated; and
WHEREAS, Governor Gray Davis has asked all Californians to reduce electricity use by
7%; and
WHEREAS, to demonstrate California's commitment to conserve electricity, the
Governor has directed state agencies to reduce electricity use in state facilities by 5% by January
16, and has asked cities to do the same; and
WHEREAS, the City of Atascadero has committed to meeting further conservation goals
by implementing projects to conserve energy;
NOW, THEREFORE, BE IT RESOLVED, that the Atascadero has taken actions to
immediately reduce electricity use by 5% by January 16, 200f; and be it further
RESOLVED, that Atascadero is committed to reducing its ongoing electricity use by 7%,
and be it further
- i
RESOLVED, that Atascadero urges its residents and businesses to also reduce ongoing
electricity use by 7%.
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:
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
i
Roy Hanley, City Attorney
C 18
ITEM NUMBER: C-1
_ DATE: 01/23/2001
�i a�; Ito rf�
Isis Tn ®! 1979-7
Atascadero City Council
Staff Report— Community Services Department
Youth / Community Center Design Services
RECOMMENDATION:
Council authorize the Mayor to enter into an agreement with Heiser and.Associates, Inc. for the design
services for the proposed Youth/Community Center and authorize the related appropriations.
DISCUSSION:
On Friday, August 22, 2000, the City Council authorized staff to send out a Request for Proposals
(RFP) for Design Services for the proposed Atascadero/ Youth Community Center. Staff prepared
and sent out an RFP to approximately twenty-one Architectural firms, who specialize in public
recreation facilities, from throughout San Luis Obispo County and the state. A list of the firms
solicited is attached. Of the twenty-one firms who received the RFP, eight responded with proposals
by the November 15, 2000 deadline. A list of these eight Architectural firms is also attached.
A Consultant Selection Team was assembled to assist in the selection process for the submitted
proposals. The members of the team were:
Steve Kahn, Public Works Director
Frank Kock, Parks and Recreation Commissioner
Michelle Kim, Parks and Recreation Commission Youth Representative
John Butz, Public Member
Leo Michaud, Public Member
The Consultant Selection Team evaluated all of the submitted proposals to determine the best-qualified
Architect. The proposals were evaluated on the following criteria;
a.) Key personnel
b.) Consultant experience and qualifications
c.) Similar projects completed by the project team
d.) Client references
e.) Detailed proposed Work Plans
f.) Project time-schedule
g.) Approach/Understanding of the project
G 1. 9
ITEM NUMBER: C-1
DATE: 01/23/2001
Based on the evaluation of the proposals on the criteria, the Seclection Team selected three
Architectural to return for an interview. Following these interviews, the Selection Team ranked the top
three Architectural firms as follows.
1. RRM Design Group San Luis Obispo CA
2. Heiser & Associates, Inc. San Rafael CA
3. BFGC Architects, Planners, Inc. San Luis Obispo CA
All three of these Architectural firms are well qualified in the area of design of public recreation
facilities, and in particular, Youth Centers, Community Centers, School Multi-purpose rooms and
Gymnasiums. In addition, all three have extensive experience with the consensus building process and
would be well suited to assist with public workshops on the Youth/ Community Center.
The top-ranked Architectural firm, RRM Design had a base fee that significantly exceeded the Public
Works Director's estimated design services cost for the building so City staff entered into negotiations
with the second ranked firm, Heiser and Associates, Inc. Heiser and Associates, Inc., which is based
out of San Rafael, California, has considerable experience in the design of community centers, multi-
purpose buildings and gymnasiums. Heiser and Associates, Inc. is currently building a multi-purpose
building/ gymnasium on the campus of Daniel Lewis Middle School in Paso Robles that may serve as
an appropriate model for our proposed Youth/ Community Center. Heiser and Associates has done
extensive design work the Paso Robles Unified School District and has also completed projects for the
Atascadero Unified School District and the San Luis Obispo County Office of Education:
Heiser and Associates, Inc. has a base fee that is consistent with the Public Works Directors estimated
design services cost. The design services cost proposed by Heiser and Associates, Inc., of$104,000.00
is based on the original estimated construction costs of approximately $870,000.00. Staff had
previously estimated that a"Butler-style building," with a multi-purpose room and a teen lounge could
be designed and built for approximately $850,000. This estimate was based on the funds available for
design and construction and was used as the basis for securing bids for the design services for the
proposed Youth/ Community Center.
The design plans for the Youth/ Community Center and all of the potential future phases are
recommended to involve extensive community input, particularly from youth. This community- input
will be secured through the Public Workshop process and will be translated into specific priorities for
the Youth/ Community Center. When this portion of the planning process is complete, the Architect
can determine approximate construction costs for these community priorities. The Architect would
then schematically determine the approximate construction costs for the various community priorities
for the Youth/ Community Center and present this information to the to the City Council. Staff is
recommending that Heiser and Associates, Inc. be hired for a flat fee to assist the City with this initial
concensus building process.
Based on direction from the City Council after the presentation of the community priorities, Heiser and
Associates, Inc. will then begin to design a Youth/ Community Center. An emphasis will be placed on
a design that will allow for future expansion and the addition of future construction phases. The fee for
the design services to be provided in this phase will be eight percent (8 %) of the total construction
costs. If the design plans, building style and facility amenities determined through the community
020
ITEM NUMBER: C-1
DATE: 01/23/2001
• workshop process and approved by the City Council are broadened beyond the currently available
funding of$870,000.00, the design costs will increase proportionately.
FISCAL IMPACT:
$104,000.00 based on the construction cost of$850,000.00
ALTERNATIVES:
No Alternatives.
ATTACHMENTS:
1. Atascadero Youth'Community Center Architect Mailing List
2. List of Architectural firms submitting a proposal
3. Anticipated Funding Sources for the Youth/Community Center
4. Consultant Services Agreement
•
G� 1
ITEM NUMBER: C-1
DATE: 01/23/2001
ATTACHMENT 91 •
Youth Center RFP Distribution List
L Company Address
2. RRM Design Group 3701 South Higuera Street, San Luis Obispo CA 93401
3. Don Doubledee Architect 742 Morro Bay Blvd., Morro Bay CA 93442
4. Addington Partenship 997 Saint Mary, Cayucos CA 934299
5. EDA 1320 Nipomo Street, San Luis Obispo CA 93401
6. Rinaldi Architects 3506 El Camino Real, Atascadero CA 93422
7. Ravatt-Albrecht & Assoc. Inc. P. O. Box 528, Santa Maria CA 93456
8. Heiser & Associates 823 "D" Street, San Rafael CA 94901
9. BFGC Architects, Inc. 4115 Broad Street, Suite B-6, SLO CA 93401
10.Westberg+White, Inc. 719 S. McClelland Street, Santa Maria CA 93454-5122
11.F.L. Henderson & Associates 5825 Venado Road, Atascadero CA 93422
12.US Leonard J. Schroeder, AIA4201 Ardmore Ave.#9, Bakersfield CA 93309-4987
13.gpra 1880 Santa Barbara Street, Suite D, SLO CA 93401
14. SC Architect, Inc. 1301 "L" Street, Bakersfield CA 93301
15.purkiss-rose-rsi, Inc. 801 North Harbor Blvd. Fullerton CA 92832
16.Reise Associates PO Box 91594, San Luis Obispo CA 93401
17.Grillias, Rirc. Rosier, Alves 1445 Grand #B, Grover Beach CA 93433 •
18.Jeff Schneidereit, Architect 104 S. Main Street, Templeton CA 93465
19.John McGoff 9192 Maple Street, Atascadero CA 93422
20.RTC 7400 Morro Road, Atascadero CA 93422
21.RNL Design 611 West 6th Street, Suite350 Los Angeles CA 90017
22. Moore, Lachcofno & Goltsman800 Hearst Avenue, Berkeley CA 94710
•
G22
ITEM NUMBER: C—1
DATE: 01/23/2001
• ATTACHMENT #2
BID NO. 2000-10 PROJECT: Youth/Community Center
OPENED: 11/15/00— 5:00 p.m. RECEIVED—RFP'S
Bidder Date Received
Don Doubledee Architect 11/15/00
742 Morro Bay Blvd.
Morro Bay, CA 93442
Ravatt Albrecht&Assoc., Inc. 11/15/00
1460 N. Higuera
San Luis Obispo, CA 93401
Westberg& White, Inc. 11/15/00
Architects and Planners
14471 Chambers Rd., Ste. 210
• Tustin, CA 92780
SC Architect, Inc. 11/15/00
1301 L Street
Bakersfield, CA 93301
Kirk Heiser 11/15/00
Heiser& Associates, Inc.
823 D Street
San Rafael, CA 94901
Grillias, Pirc, Rosier, Alves 11/15/00
17875 Von Karman Ave., Ste. 301
Irvine, CA 92614
Bfgc Architecture 11/15/00
4115 Broad St., Ste. B6
San Luis Obispo, CA 93401-7992
RRM Design Group 11/15/00
3701 So. Higuera St.
San Luis Obispo, CA 93401
ITEM NUMBER: C-1
DATE: 01/23/2001
•
ATTACHMENT #3
FUNDING SOURCES FOR DESIGN AND CONSTRUCTION
(FUNDING OPTION PREVIOUSLY APPROVED BY THE CITY COUNCIL)
a. State of California Allocated funds $ 500,000
b. Lakes Project Donation Pledge $ 250,000
A loan from another City fund may be secured and repaid by these
pledged funds.
C. Andrew Charnley Construction Donation Pledge $ 20,000
A portion of the project may be separated and completed by
•
Charnley Construction
d. Proposition 12 — Park bond funds $ 100,000
Staff recommends that only $100,000 of the anticipate $225,000 be
dedicated to the Youth Community Center Project. The remainder is
recommended for other capital improvement needs for existing park
facilities.
Total funds dedicated for the Youth/Community Center Project: $ 870,000
•
X24
•
MASTER AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and
between Heiser and Associates. Inc., hereinafter referred to as "Contractor," and the
City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City."
The parties hereto, in consideration of the mutual covenants contained herein, hereby
agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERMS: This agreement will become effective on the date of execution
set forth below, and will continue in effect until terminated as provided herein.
1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees
to perform or provide the services specified in "Description of Services" attached
hereto as "Exhibit A" hereby incorporated herein.
Contractor shall determine the method, details and means of performing
the above-referenced services.
• Contractor may, at Contractor's own expense, employ such assistants as
Contractor deems necessary to perform the services required of Contractor by
this agreement. City may not control, direct or supervise Contractor's assistants
or employees in the performance of those services.
1.03 COMPENSATION: In consideration for the services to be performed by
Contractor, City agrees to pay Contractor the consideration set forth in the
amounts and under the terms provided in "Exhibit B," hereby incorporated herein.
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees
to devote the hours necessary to perform the services set forth in this agreement
in an efficient and effective manner. Contractor may represent, perform services
for and be employed by additional individuals or entities, in Contractor's sole
discretion, as long as the performance of these extra-contractual services does
not interfere with or present a conflict with City's business.
2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and
instrumentalities to perform the services under this agreement except those listed
•
1
G2
in "Tools and Instrumentalities Provided by City" attached hereto as "Exhibit C" •
and hereby incorporated herein.
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City
and Contractor intend and agree that Contractor is an independent contractor of
City and agrees that Contractor and Contractor's employees and agents have no
right to Worker's Compensation and other employee benefits. Contractor agrees
to provide Worker's Compensation and other employee benefits, where required
by law, for Contractor's employees and agents.
2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its
elective and appointive boards, officers, agents and employees, harmless from
losses, damages, and expenses to the extent caused by the negligent acts,
errors or omissions of the Contractor or its employees.
a. That the City does not, and shall not, waive any rights against Contractor
which it may have by reason of the aforesaid hold-harmless agreement,
because of the acceptance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
2.05 INSURANCE: Contractor shall not commence its services under this
agreement until they 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 by this contract from
claims for damages for personal injury, including death, as well as from
claims for property damage which may arise from Contractor's or any
subcontractor's operations under this contract, whether such operations
be by Contractor or by anyone directly or indirectly employed by contractor
and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance.
In an amount not less than $1,000,000.00 for injuries, including, but
not limited to death to any one person and, subject to the same limit
for each person, in an amount not less than $500,000.00 on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $ 500,000.00 for damage to the
property of each person on account of any one occurrence.
2
626
• (3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $500,000.00 for each person in
any one accident and $1,000,000.00 for injuries sustained by two or
more persons in any one accident. Property damage liability of $
500,000.00 for each accident.
(4) Errors and Omissions Insurance
Consultant shall obtain and maintain, at his own expense, prior to
commencement of the services of this Agreement, professional
liability (errors and omissions) insurance, in a company authorized
to issue such insurance in the State of California, with limits of
liability of not less than $1,000,000.00 per claim and in the
aggregate to cover all professional services rendered pursuant to
this Agreement.
Such insurance shall be kept in force for one (1) year beyond the
date of Notice of Completion of the project as accepted by the City.
(5) Worker's Compensation Insurance.
In the amounts required by law as set forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be declared to, and
approved by, the City. Contractor shall not commence services under this
agreement and shall not be entitled to any compensation for such services
unless the deductible amounts and or self insured retention amounts have
been approved by the City. City shall be the sole judge of such amounts
prior to commencement of any services under this agreement.
C. Proof of Insurance.
Contractor shall furnish City, concurrently with the execution hereof, with
satisfactory proof of carriage of the insurance required, and will give City
at least thirty (30) days' prior notice of the cancellation of any policy during
the effective period of this contract. The certificate or policy of liability of
insurance shall name City as an additional insured with the Contractor
where permissible by law.
2.06 DISPUTE RESOLUTION Prior to initiating any legal action regarding
claims, disputes or other matters in questions ("Disputes") arising out of or
relating to this master Agreement, the City and Contractor shall promptly hold a
meeting attended by representatives of each party having decision-making
authority to attempt, in good faith, to resolve the Dispute. If the City and
Contractor cannot resolve the Dispute within a reasonable time after such
•
627
meeting, the parties agree that the Dispute shall be subject to mediation under •
the auspices of a recognized, neutral third-party professional mediation service
experienced in handling construction disputes, or other mediation method or
service acceptable to the parties, prior to undertaking any other dispute
resolution action. The cost of the mediation service shall be borne equally by the
parties. A demand for mediation shall be made within a reasonable time after the
Dispute has arisen. In no event shall the demand for mediation be made after
the date when the institution of legal or equitable proceedings based on such
Dispute would be barred by the applicable statutes of limitations.
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.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this
agreement, any party hereto may terminate this agreement, at any time, without
cause by giving at least QQJ 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) Sale of the business of any party;
(2) Death of any party;
(3) The end of the LL01 days as set forth in Section 4.01;
(4) End of the contract to which Contractor's services were necessary;
or
(5) 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 any of its provisions, a non-breaching party, at their option, may terminate
this agreement, immediately, by giving written notice of termination to the
breaching party.
4.04. TERMINATION: This agreement shall terminate upon completion of the
project, 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
•
4
G 2 8
beyond the termination date, as needed,. under the same terms and conditions
set forth in this agreement. Any such extension shall be in writing and be an
amendment to this agreement.
5.00 SPECIAL PROVISIONS
(optional)
6.00 MISCELLANEOUS
6.00 REMEDIES: The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to, all remedies now or
hereafter allowed by law or equity.
6.01 NO WAIVER: The waiver of any breach by any party of any provision of
this agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of this agreement.
6.02 ASSIGNMENT: This agreement is specifically not assignable by
Contractor to any person or entity. Any assignment or attempt to assign by
Contractor, whether it be voluntary or involuntary, by operation of law or
otherwise, is void and is a material breach of this agreement giving rise to a right
to terminate as set forth in Section 4.03.
• 6.03 ATTORNEY FEES: In the event of any controversy, claim or dis pute
between the parties hereto, arising out of or relating to this agreement, or the
breach thereof, the prevailing party shall be entitled, in addition to other such
relief as may be granted, to a reasonable sum as and for attorney fees.
6.04 TIME FOR PERFORMANCE: Except as otherwise expressly provided for
in this agreement, should the performance of any act required by this agreement
to be performed by either party be prevented or delayed by reason by any act of
God, strike, lockout, labor trouble, inability to secure materials, or any other
cause except financial inability not the fault of the party required to perform the
act, the time for performance of the act will be extended for a period of time
equivalent to the period of delay and performance of the act during the period of
delay will be excused; provided, however, that nothing contained in this Section
shall exclude the prompt payment by either party as required by this agreement
or the performance of any act rendered difficult or impossible solely because of
the financial condition of the party required to perform the act.
6.05 NOTICES: Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by this agreement or by
law to be served on or given to any party to this agreement shall be in writing and
•
s
6,29
shall be deemed duly served and given when personally delivered or in lieu of •
such personal service when deposited in the United States mail, first-class
postage prepaid to the following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: (Public Works Department)
B. HEISER & ASSOCIATES, INC. 823 D Street
San Rafael, California 94901
6.06 GOVERNING LAW: This agreement and all matters relating to this
agreement shall be governed by the laws of the State of California in force at the
time any need for the interpretation of this agreement or any decision or holding
concerning this agreement arises.
6.07 BINDING EFFECT: This agreement shall be binding on and shall inure to
the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto, but nothing in this Section shall be construed as a consent by City
to any assignment of this agreement or any interest in this agreement.
6.08 SEVERABILITY: Should any provision of this agreement be held by a •
court of competent jurisdiction or by a legislative or rulemaking act to be either
invalid, void or unenforceable, the remaining provisions of this agreement shall
remain in full force and effect, unimpaired by the holding, legislation or rule.
6.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole
and entire agreement between the parties with respect to the subject matter
hereof. This agreement correctly 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.
6.10 TIME: Time is expressly declared to be of the essence of this agreement.
This paragraph shall be interpreted to supplement and not to contradict Article C
of Exhibit A.
6.11 DUE AUTHORITY: The parties hereby represent that the individuals
executing this agreement are expressly authorized to do so on and in behalf of
the parties.
•
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6.12 CONSTRUCTION: The parties agree that each has had an opportunity to
have their counsel review this agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party 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 are not
intended to be construed to define or limit the provisions to which they relate.
6.13 AMENDMENTS: Amendments to this agreement shall be in writing and
shall be made only with the mutual written consent of all of the parties to this
agreement.
Executed on 2001, at Atascadero,
Attest:
By:
Marcia M. Torgerson J. Michael Arrambide
City Clerk Mayor, City of Atascadero
Approved as to form:
By:
Roy Hanley Kirk E. Heiser
City Attorney Richard L. Heglund
HEISER AND ASSOCIATES, INC.
Approved as to content:
Steve Kahn, Director
Department of Public Works
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EXHIBIT A •
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE(CONTRACTOR)(CONSULTANT)
Contractor shall provide consultation and professional services to City as follows:
WORK AUTHORIZATION NO. 1
Pursuant to the terms of a Master Agreement dated December 1, 2000, this Work Authorization,
effective as of 12/1/00 is between the City of Atascadero ("Owner") and Heiser and Associates,
Inc. ("Architect") for the following Project:
A Youth/Community Center
(for the purposes of this agreement, it has been described to consist of a gymnasium to be used
by the community for multi functions. The exact size and scope to be determined at a later
date)
Article A ARCHITECT'S BASIC AND ADDITIONAL SERVICES
A.1 The Architect's Basic Services consist of those described under the three phases
identified below, any other services identified in Article D, and include normal structural,
mechanical and electrical engineering services. •
A.2 DESIGN PHASE
A.2.1 The Architect shall review with the Owner alternative approaches to design and
construction of the Project.
A2.2 Based on the mutually agreed upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Design Documents
consisting of drawings and other documents appropriate for the Project. The Architect shall not
be responsible for construction cost estimating and shall not be held liable for any claims,
liabilities, demands, losses, costs or expenses that in any way relate to construction cost or
Project budget estimates. Any review or evaluation of cost data, budgets or estimates by the
Architect shall not be interpreted as the Architect's approval or ratification of such cost data,
budgets o estimates.
A2.3 OWNERSHIP OF DOCUMENTS The Drawings, Specifications and other documents
prepared by the Architect under and Work Authorization are instruments of the Architect's
service for use solely with respect to an Individual Project, and the Architect shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved rights,
including the copyright. The Owner shall be permitted to retain copies, including reproducible
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034*
• copies of the Architect's Drawings, Specifications and other documents for information and
reference in connection with the Owner's use and occupancy of an Individual Project. The
Architect's Drawings,,Specifications and other documents shall not be used by the Owner or
others on other projects, for additions to or for completion of an Individual Project by others,
unless the Architect is adjudged to be in default under this Master Agreement or the relevant
Work Authorization, except by agreement in writing or after completion of mediation as
described in paragraph 2.06 concerning Dispute Resolution.
A.3 CONSTRUCTION DOCUMENT PHASE
A.3.1. Based on the approved Design Documents, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the Project.
A3.2 The Architect shall assist the Owner in connection with the Owner's responsibility of
filing documents required for approval of governmental authorities having jurisdiction over the
Project, but the Architect shall not be liable for securing such approvals, including but not
limited to State approvals.
A3.3 Unless provided in Article D, the Architect, following the Owner's approval of the
Construction Documents, shall assist the Owner in obtaining bids or negotiated proposals and
assist in awarding and preparing contracts for construction.
A.4 CONSTRUCTION PHASE
A.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase
commences with the award of the Contract for Construction and terminates at the earlier of
issuance to the Owner of the final Certificate for Payment or thirty-five days after the date a
Notice of Completion is duly filed and recorded with the applicable County Clerk Recorder's
Office.
A4.2 The Architect shall provide administration of the Contract for Construction as set forth in
this Work Authorization
A4.3 The Architect shall be a representative of and shall advise and consult with the Owner as
set forth in this Work Authorization (1) during construction until final payment to the Contractor
is due and (2) as an Additional Service at the Owner's direction from time to time during any
correction period.
A4.4 The Architect shall visit the site at (3) intervals appropriate to the stage of construction or
as otherwise agreed by the Owner and the Architect in writing to become generally familiar with
the progress and quality of the Work completed and to determine in general if the Work is being
performed in a manner indicating that the Work when completed will be in accordance with the
Contract Documents. However, the Architect shall not be required to make exhaustive or
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033
continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect shall keep the Owner informed of the progress and
quality of the Work. The Architect shall at times have access to the Work wherever it is in
preparation or progress.
A4.5 Based on the Architect's observations and evaluations of the Contractor's Applications for
Payment, the Architect shall review and certify the amounts due the Contractor. The Architect's'
certification for payment shall constitute a representation to the Owner, based on the Architect's
observations at the site as provided in Article A4.4 and on the data comprising the Contractor's
Application for Payment that, to the best of the Architect's knowledge, information and belief,
the Work has progressed to the point indicated and the quality of the Work is in accordance with
the Contract Documents. The foregoing representations are subject to an evaluation of the Work
for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections by others, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what
purpose the Contractor has used money previously paid on account of the Contract Sum. The
Architect shall not be obligated to issue any Certificate for Payment covering work by design-
build contractors or subcontractors, work by the Owner's separate contractors, or any other work
for which the Architect is not providing full services.
A4.6 The Architect shall have authority to recommend to the Owner to reject the Work not
conforming to the Contract Documents and will have authority to require additional inspection or
testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable
for the implementation of the intent of the Contract Documents.
A4.7 The Architect shall review and take appropriate action upon Shop Drawings, Product
Data and Samples required of the Contractor by the Contract Documents but only for the limited
purpose of checking for general conformance with the visual design concept expressed in the
Contract Documents. The Architect's action shall be taken with such reasonable promptness as
to cause no delay. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details, such as dimensions and quantities, or for
substantiating-instructions for installation or performance of equipment or systems designed by
the Contractor, all of which remain the responsibility of the Contractor to the extent required by
the Contract Documents. The Architect's review shall not constitute approval of safety
precautions or of construction means, methods, techniques, sequences or procedures. The
Architect's review of a specific item shall not indicate approval of an assembly of which the item
is a component. When professional certification of performance, characteristics of materials,
systems or equipment is required by the Contract Documents, the Architect shall be entitled to
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034
rely upon such certification to establish that the materials, systems or equipment will meet the
• performance criteria required by the Contract Documents.
A4.8 The Architect shall prepare Change Orders and Construction Change Directives, with
supporting documentation and data, if authorized or confirmed in writing as an Additional
Service, for the Owner's approval and execution in accordance with the Contract Documents, and
may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent with the intent of the Contract
Documents.
A4.9 The Architect shall conduct inspections to determine the dates of Substantial Completion
and final completion and shall issue a Certificate for Payment. The Architect shall assist the
Owner with the Owner's responsibility to file Project close-out documentation and paperwork.
A5. As per the Master Agreement, Additional Services beyond the Architect's Basic Services
may be provided if agreed to in writing by the Owner and Architect, or confirmed in writing by
the Architect.
A.6 The Architect agrees to provide it's professional services in accordance with generally
accepted standards of its profession.
Article B OWNER'S RESPONSIBILITIES
B.1 The Owner agrees to provide the Architect with all of the information, surveys, reports,
• and professional recommendations requested by the Architect to provide its professional
services. The Architect may reasonably rely on the accuracy and completeness of these items.
B.2 The Owner shall furnish the services of the following consultants:
Geotechnical, Civil, Landscape Architect, or any Specialty Consultants.
B.3 The Owner agrees to provide the items described in Article B.1 and to render decisions in
a timely manner so as not to delay the orderly and sequential progress of the Architect's services.
B.4 The Owner shall furnish all legal, accounting and insurance counseling services as may
be necessary any time for the Project, including auditing services the Owner may require to
,verify the Contractor's Applications for Payment or to ascertain how or for what purpose the
Contractor has used the money paid by or on behalf of the Owner.
B.5 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes
aware of any faults or defects in the Project or nonconformance with the Contract Documents.
Article C ESTIMATED SCHEDULE AND BUDGETS
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035
C.1 The Architect shall render its services as expeditiously as is consistent with professional •
skill and care. During the course of the Project, anticipated and unanticipated events may impact
any Project schedule.
C.2 As of the date of this Agreement, the Owner's construction budget is $1,000,000 with the
possibility of additional funds which will increase the size and scope of the project. Should this
occur, a fee adjustment will be made. No other work falls under this budget such as furnishings,
landscaping or hardscaping. The Owner agrees to promptly notify the Architect if the Owner's
schedule or its budgets change. The Owner acknowledges that significant changes to the Project
schedule, budget or the Project's scope may require Additional Services of the Architect.
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• EXHIBIT B
CONSIDERATION FOR SERVICES
FEES FOR PROFESSIONAL SERVICES
1. DIRECT PERSONNEL EXPENSE
1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on an Individual Project and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment taxes, and other statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions
and benefits.
2. REIMBURSABLE EXPENSES
2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of an
Individual Project for:
.l expense of transportation and living expenses in connection with out of town
travel authorized by Owner;
.2 fees paid in connection with approvals of authorities having jurisdiction over the
Proj ect;
• .3 reproductions of any kind;
.4 expense of overtime work requiring higher than regular rates, if authorized by the
Owner;
.5 renderings and models requested by the Owner;
.6 expense of additional insurance coverage or limits including professional liability
insurance, requested by the Owner in excess of the amount carried by Heiser and
Associates Inc.
.7 expenses incurred for entering into Design Awards program in behalf of Client's
project.
.8 color plots
.9 additional cost estimating requested by Client
3. PAYMENTS ON ACCOUNT OF BASIC SERVICES
3.1 An initial payment shall be made in connection with each Individual Project.
3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,
shall be in proportion to services performed within each phase of service.
3.3 If and to the extent that the time initially established in this Exhibit "A", Paragraph 10.1
is exceeded.or extended through no fault of the Architect on any Individual Project,
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compensation for any services on such Individual Project rendered during the additional period
of time shall be computed in the manner set forth in this Exhibit "A: Paragraph 8.2. •
3.4 When compensation is based on a percentage of Construction Cost and any portions of an
Individual Project are deleted or otherwise not constructed, compensation for those portions of
the Individual Project shall be payable to the extent services are performed on those portions, in
accordance with the schedule set forth in this Exhibit "A", Paragraph 7.2, based on(1) the lowest
bona fide bid or negotiated proposal or (2) if no such bid or proposal is received, the most recent
bona fide preliminary estimate of Construction Cost or detailed estimate of Construction Cost for
such portions of the Project.
4. PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND
REIMBURSABLE EXPENSES
4.1 Payments on account of the Architect's Additional Services and for Reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
4.2 Fast Tracking: Fast tracking as defined for this agreement will be the acceleration of the
project scheduling which would include but not be limited to the construction documents,
State approvals, Client requested deadlines or the design and use of any unusual
construction materials, products, methods or pre-manufactured products. In the event it
is deemed necessary by Heiser and Associates Inc. to meet any of the above, Heiser and
Associates Inc. will notify the Client in writing that fast tracking will be required to meet
the Client's proposed accelerated deadline and a mutually agreed fast track date will be
set. All time for Heiser and Associates Inc. and its consultants will be billed as double
time plus a 3% increase in the amount of Basic Compensation as listed under Paragraph
7.1. Heiser and Associates Inc. will not be held liable for damages related directly or
indirectly to not meeting the fast track schedule. Should the fast track deadline not be
met the additional 3% will not be billed.
4.3 Normal Time Schedule to be followed for this Agreement: Estimated normal time
schedule is five months for completion of working documents. State and local approvals
are an additional estimated five months. A contingency time factor of two months should
be allowed. Should the Owner request a shorter time schedule than this in writing we
will fast track and paragraph 4.2 will apply.
5. PAYMENTS WITHHELD
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• 5.1 If determined by a court or forum of competent jurisdiction, payments to Heiser and
Associates Inc. may be withheld by the Owner if the court finds that negligent errors and/or
omissions caused by the Architect resulted in a financial loss to the Owner.
6. BASIS OF COMPENSATION
6.1 The Owner shall compensate Heiser and Associates, Inc. as follows:
An INITIAL PAYMENT OF 0 Dollars ($0) shall be made upon execution of this
Agreement and credited to the Owner's account at final payment.
7. BASIC COMPENSATION
7.1 FOR BASIC SERVICES, as described in any Work Authorization, Basic Compensation
shall be computed as follows:
Ten Percent (10%) of the awarded construction cost,which based on your preliminary
construction budget of$1,000,000 would be $100,000.
Or—If you elect to re-use an existing design: 8.5% of the total awarded construction cost
which would include structural, mechanical and electrical engineering.
7.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,
• progress payments for Basic Services in each phase shall total the following percentages of the
total Basic Compensation payable:
Design Phase Percent (35%)
Construction Documents/Working Drawings Phase Percent (55%)
DSA Approval Percent (10%)
Total Basic Compensation: One Hundred Percent (100%)
8. COMPENSATION FOR ADDITIONAL SERVICES
8.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in a
Work
Authorization, compensation shall be computed as follows:
On an hourly basis at the following rates:
Principals' time $88.00/hour
CADD/Technical Drafting $86.00/hour
Manual Drafting $65.00/hour
Clerical $45.00/hour
Specification Writing $75.00/hour
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8.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT agreed to under any Work
Authorization, compensation shall be computed as follows: •
As negotiated in writing between the Owner and Heiser and Associates Inc.
8.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural,
mechanical and electrical engineering services, a multiple of(110%) times the amounts billed to
the Architect for such services.
9. REIMBURSABLE EXPENSES
9.1 FOR REIMBURSABLE EXPENSES, as described in Exhibit "A", Paragraph 2.1, and
any other items included as Reimbursable Expense, a multiple of 110% of the expenses incurred
by the Architect, the Architect's employees and consultants in the interest of an Individual
Proj ect.
10. ADDITIONAL PROVISIONS
10.1 IF THE BASIC SERVICES covered in any Work Authorization have not been completed
within (24) months of the date thereof, except through the fault of the Architect, extension of
the Architect's services beyond that time shall be compensated as an Additional Service.
10.2 Payments are due and payable 30 days from the date of the Architect's invoice. Amounts
unpaid 30 days after invoice date shall bear a service charge of one and one-half percent (1- .
1/2%) per month on balances outstanding.
10.3 The rates and multiples set forth for Additional Services shall be annually adjusted in
accordance normal salary review practices of the Architect.
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040
ITEM NUMBER: C—2
DATE: 01/23/2001
6 Fs o'®
lgr8 19 9
\�LSCADF�i/
Atascadero City Council
Staff Report— Public Works Department
Atascadero Road Program
RECOMMENDATION:
City Council:
1) Receive the update on the Atascadero Public Works Department Actions.
2) Approve a draft Resolution accepting portions of San Gabriel Road, San Marcos Road,
Cayucos Ave, Falda Road, Hermosilla, Lobos Ave, Ramage Ave, Sonora and Silla into the
City Maintained Road System.
3) Approve draft Resolution of Intent to dissolve all Maintenance Districts listed on Exhibit "A"
of the Resolution.
4) Receive a report on Trench Cuts and direct staff to come back to Council with a Trench Cut
Ordinance.
5) Receive a report on Development Standards and provide staff direction.
6) Receive a report on Assessment District and provide staff direction.
REPORT-IN-BRIEF:
Atascadero has 141 miles of City Maintained Roads and 29 miles of Non-City Maintained
Roads. Our last report estimated the total backlogged maintenance to be more than
$25,500,000.00.
Road Type Miles of Road Cost
Circulation Plan Road 65 $8,789,621
City Maintained Local Roads 76 $9,500.000
• Non-City Maintained Local Roads 29 $7,250.000
043
ITEM NUMBER: C-2
DATE: 01/23/2001
This is the third City Council meeting on the Atascadero Road Program..The Atascadero Road
Program is a program to maintain the roads of Atascadero in an organized and efficient manner.
The first meeting was a workshop on road maintenance and potential strategies for road repair.
The second provided a detailed background on the roads of Atascadero, a breakdown of the road
maintenance backlog and alternatives for the repair, maintenance and rehabilitation.
Tonight staff will report back on direction given by Council at the last meeting and look for
further direction and approval on the following topics:
I. Atascadero Public Works Department Actions
II. Road Acceptance
III. Street Maintenance Districts
IV. Trench Cut
V. Development Standards
VI. Assessment Districts
DISCUSSION:
I. Atascadero Public Works Department Actions
• Public Works Maintenance crews repairing the roads
Last summer the Public Works maintenance crew paved and repaired portions of Colorado.
Escarpa, Santa Lucia, San Ardo and Del Rio Road. The Public Works Department hired a high
school student to help with the summer work. This worked so well that next summer The
Department will seek to expand the program potentially hiring two temporary workers to help
during the busy summer season. There is currently an extra Public Works Maintenance worker in
the Streets and Park. This position is being funded through the Private Industry Council.
Water is the enemy of asphalt. When cracks form in the road water gets under the asphalt and the
asphalt begins to crack even more. This spring the Public Works crews will begin crack sealing
to extend the life of our roads.
■ Additional Funding
The Governor signed a bill (AB 2928) to provide funds for City road maintenance. Over the next •
5 years the City will receive $463,000.00. The first payment of $183,811.76 was received on
October 13, 2000 and the remainder will be dispersed over the next 5 years. These funds were
644-
ITEM NUMBER: C-2
DATE: 01/23/2001
added to the Atascadero Road Program and will be used to improve roads on the Maintenance
List.
City Staff has been working with Caltrans to finalize the relinquishment the Old State Route 41
Right of Way to the City (Portion El Camino Real, West Mall, Capistrano and Sycamore). The
State has offered to pay the City $334,000.00. This will be discussed in depth during the Council
item to discuss the relinquishment.
• Updated Atascadero Road Program Map and Maintenance List
Several road maintenance projects have been completed, one is scheduled to start in the spring
and several others are in design and will be constructed this summer. The Atascadero Road
Program Map and Maintenance List have been revised to reflect these changes.
Projects completed:
Curbaril Overlay, El Camino Real to Sycamore Road
➢ San Anselmo Overlay, El Camino Real to Colima Road
➢ Monterey Road Overlay, two locations south of Del Rio Road
El Camino Real Widening, north of San Anselmo
• Project to start in April:
i El Camino Real Rehabilitation, Santa Rosa to Morro Road
Project scheduled for this summer:
➢ Curbaril Overlay, El Camino Real to Atascadero Ave
➢ Traffic Way Overlay, El Camino Real to Rosario
➢ Santa Ysabel reconstruction and widening, Curbaril to State Route 41
➢ Maintenance District Projects, in maintenance districts
• Public Works Plan Check and Inspection
The Public Works Department has hired an Associate Civil Engineer to coordinate the plan
checking and inspection of development projects. The Public Works Administration Division
will ensure that the public improvements are built correctly by checking the plans and inspecting
all encroachments in the right-of-way.
Engineering standards. Staff is working on revising the Engineering Standards of trench repair.
This will include trench configuration, backfill and paving. Encroachment permits and
inspections. Staff is revising the encroachment permit process and inspections to insure that work
• on the roads of Atascadero is inspected and built to our standards. Staff has scheduled meetings
with the development community and utilities to discuss this with them and work out standards
and procedures that will benefit the community.
�'�� J
ITEM NUMBER: C-2
DATE: 01/23/2001
II. Road Acceptance
At the last meeting Council directed staff to accept for maintenance all Circulation-Plan Roads
(collectors and arterials) that are constructed and are not currently maintained. The roads that fit
this category are San Gabriel Road between Santa Lucia Road and San Marcos road and San
Marcos Road between Portal Road and Sierra Vista. Other Circulation Plan Roads will be
accepted as they are constructed (Santa Cruz, Llano, Balboa, Carmelita)
Council also directed staff to accept roads that were accepted by the county and are constructed
to City Standards. We have surveyed all of these roads. Listed below are all the road accepted by
the County, but not the City.
ROAD BOUNDARIES Accept
Yes No
Alta Vista Navarette to Navarette X Does not meet minimum
standard width
Aurora Road Tampico to end X Unpaved
Cayucos Hermosilla to Lobos X
Avenue
Falda Road Amargon to San X •
Anselmo
Hermosilla Lobos to San Jacinto X
Juanita All X Unpaved
Avenue
Lobos Avenue Cayucos to Nogales X
Ramage Ave Portola to End X
San Fernando Monterey to Graves X Does not meet minimum
Creek standard width
Sonora Valle to Pinal X
Silla Colima to Lot 244 X Paved portion only
Vega Ardilla to Ardilla X Road not fully constructed
Resolutions to accept the above listed roads are attached to the staff report.
III. Street Maintenance Districts
There are currently 8 Street Maintenance Districts dating back as far as 1983. The initial fee
collected in each of these districts provided for resurfacing but did not bring the roads up to city
standards. After the construction costs were paid the first year, a $20.00 per parcel maintenance
charge was levied to cover the cost of any repairs that may be needed.
At the last meeting Council recommended dissolution of the Maintenance Districts and •
expenditure of all funds. The Streets and Highways Code requires that a Resolution of Intention
be adopted stating the Councils intention to dissolve the Districts. After the Resolution of
046
ITEM NUMBER: C-2
DATE: 01/23/2001
• Intention is adopted, a Public Hearing is noticed and posted and, at the conclusion of the Public
Hearing, a Resolution of Dissolution is considered.
A Resolution of Intention is attached to this report.
IV. Trench Cut
A paved road is constructed by placing an asphalt layer and a base layer over compact native
soil. A trench cut occurs when a utility (water, gas, electric, telephone, cable TV, sewer, storm
drain or other) is place in the road after it is paved. The asphalt is cut and removed, a trench is
dug, the utility is paced and the trench is back filled and paved over.
Studies have been completed by many cities, by various universities, the American Public Works
Association and by the League of California Cities on the impacts of trench cut on the
performance of pavement surface. They have concluded that an excavation and repair in paved
roads degrades and shortens the life of the surface of the road. This degradation increases the
frequency and cost of maintaining the road surface.
This degradation is caused several ways:
1. Trench zone of influence. When the trench is dug the surrounding native soil is disturbed.
• The disruption to the native soil effects the asphalt above, which in turn causes premature
cracking in the zone of influence of the trench repair. The premature cracking weakens the
asphalt and allows water under the road surface (see attachment 3).
2. Trench backfill. The backfill in the trench must be a select non-expansive material placed
correctly.
3. Asphalt patch. The asphalt patch must be a specified asphalt mix placed at the right
temperature, depth and compacted.
Staff completed extensive researched into this issue. Most cities, including cities in San Luis
Obispo County, have a trench cut ordinance in place, are working on one or are very interested in
the idea. The typical trench cut ordinance addresses all of the standards, permits and inspections
in dealing with a trench cut and imposes a fee for the future impacts of the trench cut.
The fee that is charged is to recover the cost for all maintenance, repair, resurfacing or
reconstruction to fully mitigate the damage and degradation caused by the excavation to the
pavement over and adjacent to the trench where the excavation occurred. The typical fee is
between 53.00 to S5.00 per square foot of trench repair, depending on the age of the paving cut
and other perimeters. The utility that produced the cut is still responsible for the trench repair for
one year after the work is completed. This is a long-term maintenance program. A study may be
• required to support the fee.
0,17
ITEM NUMBER: C-2
DATE: 01/23/2001
V. Development Standards •
In the City of Atascadero many roads are unpaved, only portions are paved or the pavement is in
poor condition. Sections 9-4.158 Street and frontage improvements, 9-4.159 Curb, gutters and
sidewalks and 9-4.160 Streets of the Municipal Code address public improvement requirements
for projects with entitlement in the Commercial, Industrial or the Residential Multi family Zones.
Most of the unpaved or underpaved roads are local roads serving residences. The Municipal
Code does not address public improvement requirements for residential areas or projects that do
not require entitlement. Currently when a building plan on a residential road is submitted, staff is
not requiring construction or maintenance of frontage improvements. All the Cities in the County
require frontage improvements of residential lots.
Staff is recommending that we require new residences on unpaved roads to pave their frontage or
on poorly maintained roads to repair their frontage. Based on Councils direction, staff will come
back with a draft ordinance.
VL Assessment Districts
Council directed staff to present more information on assessment districts as a way of financing
road maintenance. Tonight staff from Harris & Associates, professionals on Assessment
Districts, will be here to give the presentation and answer any questions. •
An assessment district is an area where an assessment is levied upon parcels of real property to
pay for benefits to the parcels. There are two types of assessments. A special assessment pays for
benefits to specific parcels. A general assessment pays for benefits for the general public. Due to
restrictions imposed by Proposition 218, this report will address special assessments only.
Improvements on most local roads can be funded by special assessments. A portion of
improvements on Circulation Plan Roads (arterial and collectors) can be funded by special
assessments.
The assessments collected from property taxes can be spent on the improvements directly or can
be used to pay interest and principal on bonds sold to fund the improvements.
1. To Form an assessment district:
• An Engineer's Report is prepared. This report studies the benefits and cost inside the
assessment district.
• Adopt resolution of intention and set public hearing.
• Mail notice of Public Hearing and ballot to each property owner.
• Conduct protest hearing and tabulate ballots. •
• If majority of the ballots are not against the assessment, than the district is formed. f� QQ
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ITEM NUMBER: C-2
DATE: 01/23/2001
There r t district.he e a e no set boundaries of an assessmen d s trt Typically, zones of similar benefit are set
as the boundary of an assessment district. River Gardens would be a good example of a specific
boundary of an assessment district.
The Public Works Department can be the focal point of assessment districts. Staff can answer
question, assist neighborhoods in the collection of signatures, organize the assessment district,
assist in the design of the projects and other services to keep the roads maintained.
FISCAL IMPACT:
• Acceptance of roads for maintenance will increase the backlog of road maintenance.
• The trench cut ordinance, if adopted, will provide less trench repairs on newly paved roads,
better trench repairs and funds for future road maintenance work.
• Increasing development standards will help build and maintain roads.
ATTACHMENTS:
1. Draft Resolution to accept listed roads into the City maintenance system
• 2. Draft Resolution to Dissolve Maintenance Districts
I Utility Trench Impact Detail.
•
049
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE CITY OF
i
ATASCADERO ACCEPTING VARIOUS STREETS
INTO THE CITY MAINTAINED ROAD SYSTEM
WHEREAS, San Marcos Road, from Portal Road to Sierra Vista Avenue and San
Gabriel Road, from Santa Lucia to San Marcos are designated as a "Collector Streets";
and
WHEREAS, Council has determined that it is in the best interest of the city to
include collector streets in the city-maintained road system; and
WHEREAS, several roads were accepted by the County for maintenance but not
formally accepted by the City; and
WHEREAS, City Council action is required by the Streets and Highways Code
Section 1806 in order to include a new street into the city maintained road system;
NOW, THEREFORE, BE IT RESOLVED THAT: that the streets described in
attached Exhibit A are hereby accepted into the City Maintained Road System.
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:
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson, City Clerk J. Mike Arrambide, Mayor
APPROVED AS TO FORM:
Roy Hanley, City Attorney
X50
•
EXHIBIT A
ROAD BOUNDARIES
San Gabriel Road San Marcos to Santa Lucia
San Marcos Portal to Sierra Vista
Cayucos Avenue Hermosilla to Lobos
Falda Road Amargon to San Anselmo
Hermosilla Lobos to San Jacinto
•
Lobos Avenue Cayucos to Nogales
Ramage Ave Portola to End
Sonora Valle to Pinal
Silla Colima to Lot 244
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DECLARING ITS INTENTION TO DISSOLVE ALL MAINTENANCE •
DISTRICTS ESTABLISHED UNDER THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5820-5856)
WHEREAS, the City Council formed eight street maintenance districts pursuant to the
provisions of the Streets and Highways Code of the State of California; and
WHEREAS, each maintenance district is described in detail in attached Exhibit A; and
WHEREAS, funds have been collected and deposited into specific street maintenance accounts,
pursuant to the formation resolution and state law; and
WHEREAS, the funds collected are not enough to maintain the roads in the districts, the
Council desires to expend these funds as intended, and upon completion of the project, dissolve the
maintenance district; and
WHEREAS, upon dissolution, the annual levy of the street maintenance district fee will be
discontinued; and
WHEREAS, notice is hereby given that Tuesday, the 1.3 1h day of February 2001 is the date
fixed by this City Council for the hearing of protests or objections in reference to the dissolution of the
Maintenance District; •
NOW, THEREFORE, BE IT RESOLVED THAT: the Council of the City of Atascadero does
hereby declare its intention to pursue disillusionment of all maintenance districts.
On motion by Councilmember and seconded by Councilmember
the foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson, City Clerk J. Mike Arrambide, Mayor
APPROVED AS TO FORM:
•
Roy Hanley, City Attorney
652
• EXHIBIT A
STREET MAINTENANCE DISTRICTS
YEAR STREET # OF ANNUAL LEVY
FORMED PARCELS PER DISTRICT*
1986 AGUILA— Venado to end of 5 $100.00
pavement
1986 CAYUCOS —San Anselmo to 11 220.00
Valdez
1986 FALDA AVE —San Anselmo 12 240.00
to Amargon
• 1983 LOBOS LANE —Nogales to 14 280.00
end
1983 MALEZA AVE — 590' 9 180.00
section
1986 PINAL/ESCARPA-portions 7 140.00
1984 SAN FERNANDO — 29 580.00
Monterey Road to Balboa
1983 SONORA/PINAL -portions 18 360.00
*Annual levy per parcel is $20.00
•
053
•
UTILITY TRENCH IMPACT DETAIL
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054
ITEM NUMBER: C-3
t DATE: 01/23/2001
Ti.o�P e ® 11
197-9
Atascadero City Council
Staff Report - Public Works Department
State Route 41 Relinquishment
RECOMMENDATION:
Council authorize the Mayor to sign Cooperative Agreement #05-CA-0089, between the City of
Atascadero and the State of California, which relinquishes a portion of State Route 41 (SR 41) to
the City and provides $334,300.00 to bring this portion of SR 41 into a"state of good repair."
DISCUSSION:
The State is in the process of completing the realignment of SR 41. The State is requesting that
the City accept relinquishment of the portion of SR 41, from El Camino Real to the old Curbaril
Bridge, from the State (see attachment). The State will contribute to the City $334,300.00 toward
the cost of placing the relinquished portion of SR 41 in a "state of good repair.'' The "state of
good repair" is implied to mean the road surface is smooth and repaired, drainage facilities work
and the route is safe and operable.
City Staff's estimate of the costs to bring SR 41 into a"state of good repair' is $388,360.00. This
estimate is based on unit costs in recently bid City road rehabilitation projects. Staff has been
negotiating with Caltrans for several years on this issue and Caltrans has stated this is their final
offer. The "state of good repair' definition is broad, providing little leverage for the City's
position. The alternative is to require Caltrans to improve the street, there is no way to enforce
the type or timing of the repair. Therefore, staff is recommending that the City settle for the
Caltrans offer.
The residences of Magnolia and Magdalena Ave. have made a claim that the Caltrans
construction vehicles associated with the SR 41-realignment project have damaged their streets.
Caltrans has requested that the City repair these roads. However, staff has maintained that this
issue is between Caltrans and the residents. Funds for these roads have not been provided by
Caltrans. Staff does not recommend that the City repair them for Caltrans.
��5
ITEM NUMBER: C-3
DATE: 01/23/2001
FISCAL IMPACT:
The State of California will make a lump-sum payment of$334,000.00 toward bringing portions
of old SR 41 into a "state of good repair." The City will incur ongoing operation and
maintenance costs associated with this relinquishment.
ALTERNATIVES:
Do not approve the cooperative agreement and direct staff to continue negotiations.
ATTACHMENTS:
1. Relinquishment Map
2. Cooperative Agreement#05-CA-0089
•
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Begin Relinquishment
PM 15.96
STATE OF CALIFORNIA
BUSINESS. TRANSPORTATION ANO HOUSING AGENCY
A OEPARTWNT OF TRANSPORTATION
PROPOSED CITY
7
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y RELINQUISHMENT
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MAP
CITY OF ATASCADERO
ROUTE TO BE RELINQUISHED SHOWN AS:
057
DIST. COUNTY I ROUTE I POST NILES SHEET T07AL
NO. SHEETS
05 SLO 1 41 15.96- 18.46 I I
District Agreement #05-CA-0089
05-SLO-041-15.96/18.46
05-144-345201
Relinquishment
•
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
"STATE," and
CITY OF ATASCADERO
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
iRECITALS
(1 ) STATE and CITY, pursuant to Streets and Highways Code Section 73 are authorized to
enter into a Cooperative Agreement providing for relinquishment to CITY of a portion of State
Highway within CITY.
(2) STATE desires to relinquish to CITY that portion of Route 41 , between Post Mile 15.96.
and Post Mile 18.46 and CITY is willing to accept relinquishment. Said relinquishment shall occur
at the completion of STATE's project of the Route 41 realignment.
(3) STATE and CITY have reached an understanding on the work-necessary to place the
State highway in a state of good repair and have agreed to the amount of $334,300 as the cost to
perform such work.
(4) STATE is willing to make a lump sum payment, from the 1998 SHOPP Program, to
CITY to satisfy STATE's obligation to place the relinquished highway in a state of good repair.
(5) CITY is willing to accept a lump sum payment as STATE's total responsibility to place
the highway in a state of good repair for the purpose of relinquishing highway to CITY.
Page 1 of 4
District Agreement #057CA-0089
(6) Relinquishment will occur upon approval by the California Transportation Commission of
a Resolution of Relinquishment and recording of said resolution in the County Recorders Office.
(7) The parties hereto desire to define herein the terms and conditions under which•
relinquishment is to be accomplished.
SECTION
LOCAL AGENCY AGREES:
(1 ) Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice
of "Intention .to Relinquish" requirement contained in Section 73 of the Streets and Highways
Code.
(2) To accept relinquishment of that portion of State Highway Route 41 described in
RECITALS, Article (2) upon receipt of lump sum payment from STATE j and approved by the
California Transportation Commission of a Resolution of Relinquishment and recording of said
resolution in the County Recorders Office.
(3) Upon the adoption, filing and recording of the Resolution of Relinquishment by the,
California Transportation Commission, and upon CITY's receipt of STATE's payment, to accept
ownership, maintenance, operation and liability of the relinquished highway.
(4) Payment of STATE's final contribution of $334,300 to CITY fully meets STATE's
responsibility to place the State highway in a state of good repair and CITY shall accept
relinquishment and all rights, title and interest in, without any additional cost to STATE.
SECTION II
STATE AGREES:
(1) To make a lump sum payment, after allocation of funds and approval of the
resolution of relinquishment by the California Transportation Commission and deletion of this
portion of Route 41 from the State Highway System, of $334,300 to CITY, which figure
represents STATE's final and only payment toward the cost of placing highway in a state of goo*
repair for the purpose of relinquishment.
Page 2 of 4 9
District Agreement #05-CA-0089
(2) To transfer to CITY, upon relinquishment, all records and files for the relinquished
lection of highway, including, but not limited to, plans, survey data and right of way information.
SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of resources by the California
Transportation Commission.
(2) Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in connection
with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood
and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify
and save harmless the State of California, all officers and employees from all claims, suits or
40ctions of every name, kind and description brought for or on account of injury (as defined in
overnment Code Section 810.8) occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
(3) No alteration of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto and no oral understanding or agreement not incorporated herein shall
be binding on any of the parties hereto.
•
Page 3 of 4 6160
District Agreement #05-CA-0089
(4) This Agreement shall terminate upon recording in the County Recorders Office of the
relinquishment resolution for this portion of Route 41 , or on December 31 , 2001, whichever is
earlier in time; however, the ownership, operation, maintenance, liability and claims clauses shall•
remain in effect until terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA CITY OF ATASCADERO
Department of Transportation 6500 Palma Avenue
Atascadero CA 93422
JEFF MORALES
Director of Transportation
Approved: Approved:
By By
Jay D. Walter Mayor
District 5 Director
Date: Date:
Approved as to form & procedure Attest:
By By •
Attorney, Department of City Clerk
Transportation
Certified as to form & procedure Approved as to form & procedure
By By
Accounting Administrator City Attorney
Certified as to funds Approved as to content
By BY
D. L. Riker City Engineer
Budget Manager
Concur:
By
Bart Bohn •
District Director
District 6 Central Region
Page 4 of 4 C
ITEM NUMBER: C-4
DATE: 01/23/2001
1979
Atascadero City Council
Staff Report - Community Services Department
Facility Policies, Procedures and Fees
RECOMMENDATION:
Council approve the draft Resolution, amending the City of Atascadero Facility Policies,
Procedures and Fees.
DISCUSSION:
The Department of Community Services is responsible for administering the rental and use of
City_ facilities by private citizens, community groups and other City departments.- Staff has
developed procedures and regulations compiled in the attached document to more effectively and
efficiently administer the rental and use of City-owned and operated facilities. This document
was originally adopted by the City Council in October 1991, and has been amended several
times. The last revision was approved on December 12, 1995. In an effort to continually update
our policies and respond to an increase in demand for facility use by the community, and changes
in use patterns, staff is recommending additional revisions to this document.
The Facility Policies, Procedures and Fees have been completely retyped, requiring a change in
the number of pages. The proposed revisions to the City's Facilities, Policies, Procedures and
Fees is listed on two separate tables that accompany this report. The table in Section 2 lists the
proposed policy and language changes from the current Facility Policies, Procedures and Fees.
Most of the proposed changes are minor clerical corrections, changes to the description of City
facilities, and/or minor policy changes to improve the reservation.process. The three significant
policy changes recommend by staff are:
1. Changing the ending time for amplified music indoors from the current end time of 1:00
a.m. to 12:00 a.m. in the Pavilion and 11:00 p.m. in the Masonic Temple building. Most
events currently end the amplified music prior to midnight, so this change will not have
any significant impact on current users, but may help avoid future complaints regarding
loud music from neighbors.
2. Require weekend users (Friday, Saturday and Sunday) of the Pavilion rent the facility for
• a minimum of four (4) hours. Current policy allows the Pavilion renter to use the facility
for a minimum of two (2) hours. This policy change helps to maximize rental income
during peak demand times.
X62c.
ITEM NUMBER: C-4
DATE: 01/23/2001
3. Require all Saturday renters of the Pavilion to pay the Private group rate. This policy •
change would also maximize the rental income of the Pavilion on the high demand
Saturdays.
Section 3 lists all of the recommended revisions to the existing facility use fees. These fee
changes are based on the following: a facility use fee survey of other local municipal agencies,
facility use patterns and statistics compiled by City staff, and on assumption's of the market
demands for rental facilities. Minor increases in fees are being recommended for a majority of
City's facilities. In addition, new fees are recommended for the use of selected equipment such
as TVNCR's, Overhead Projectors, Platforms and PA Systems. New charges are also being
recommended for set-up and take down of tables and chairs used by City facility renters.
Currently, City staff does the set-up and take down of tables and chairs at no cost to the facility
user. This charge is recommended to apply to events with more that 50 persons. Staff is
recommending that these new charges and fee increases become effective on May 1, 2001,
providing user groups an opportunity to budget the appropriate funds.
Section 4 of this report contains pie charts of the profile of Saturday Pavilion renters. Section 5
contains graphs of fee comparison with neighboring agencies for selected facilities and Section 6
lists the potential increased rental income from the proposed facility use fee changes.
FISCAL IMPACT:
Approval of the recommended changes to the City's Facility Policies,.Procedures and Fees may
result in additional rental income. Conservative calculations by staff indicate a potential rental
income increase of approximately $13,000 per year.
ALTERNATIVES: No alternatives.
ATTACHMENTS:
Attachment 1-Draft Resolution
Attachment 2- Draft Revisions- City's Facility Policies, Procedures and Fees
Attachment 3- Summary of Policy Revisions
Attachment 4- Summary of Fee Revisions
Attachment 5- Pavilion Saturday User Comparison Pie Charts
Attachment 6- Fee Comparison Graphs
Attachment 7- Potential Revenue from the Proposed Facility Use Fee Changes
•
OG3
DRAFT RESOLUTION
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE CITY'S FACILITY POLICIES,
PROCECURES AND FEES.
WHEREAS, The City of Atascadero (herein referred to as "City") is a public entity
established under the laws of California, and
WHEREAS, The Government Code provides that fees may be collected for City
facilities; and
WHEREAS, it is appropriate to establish user fees and deposits, which corer the cost of
providing services requested; and
WHEREAS, the revised City Facility Policies, Procedures and Fees shall be adopted as
proposed in Attachment 1; and
WHEREAS, the amended City Facility Policies, Procedures and Fees Shall become
effective on May 1, 2001.
• IT IS NOW RESOLVED THAT:
On Motion by Council Member and seconded by Council Member
the foregoing Resolution was adopted on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: January 23, 2001
CITY OF ATASCADERO
J. Mike Arrambide
Mayor
ATTEST:
Marcia McClure Torgerson
City Clerk
064
Proposed Revisions
Facility Policies,
Procedures & Fees
•
City of Atascadero
Department of Community Services
January 4, 2001
wj
L2��
. City of Atascadero
Department of Community Services
DRAFT FACILITY POLICIES, PROCEDURES
AND FEES REPORT
TABLE OF CONTENTS
1 . Draft Facility Policies, Procedures and Fees
2. Comparison Table Between Current and
Proposed Policies and Procedures
3. Comparison Table Between Current and
Proposed Fees
4. Pie-charts of Pavilion Saturday Users
5. Fee Comparison Graphs with Nearby Agencies
6. Potential Revenue From Proposed Facility Use Fee
Changes
Cg�;
•
SECTION I
•
DRAFT
FACILITY POLICIES ,
PROCEDURES AND FEES
•
U 'i
DRAFT
M.
11118 a
CITY OF ATASCADERO
FACILITY POLICIES,
PROCEDURES
•
FEES
PREPARED BY.-
STAFF
Y:STAFF OF THE
DEPARTMENT OF COMMUNITY SERVICES
Revised January 11, 2001
i
c ��
FACILITY POLICIES,PROCEDURES AND FEES
TABLE OF CONTENTS
Facilities Available for Rental................................................................2-3
General Conditions Governing Use of Facilities...........................................3-6
Abandoned Equipment................................................................6
Admission Charges................................................................. 4
Alcoholic Beverages...................................................................6
AmplifiedMusic........................................................................6
Availability of Facilities...............................................................3
Capacity of Facilities..................................................................4
Ceremonial Occasions.................................................................4
Clean-up.................................................................................5
Concessions............................................................................4
Damage..................................................................................5
Dances..................................................... ..........5
....................
Decorations or Stage Props............................................................5
Displaying Commercial Written Materials.........................................4
Displaying Non-Commercial Written Materdals...................................5
EquipmentUse..........................................................................5
General Policy.............................................. ..........3
..................
Hours of Operation.....................................................................4
Permits and Licenses...................................................................6
Prohibited Behavior....................................................................6
Right of Full Access...................................................................4
Rules and Regulations.................................................................6
Rules Enforcement.....................................................................4
SecurityGuards.........................................................................4
Signage...................................................................................5
Smoking..................................................................................6
Storage ............................................................ ..5
Supervision ...................4
Fee and Permit Procedures......................................................................7-8
Fees.................................................................................................. 9
Classification of Users..................................................................9
Explanation of Basic Fees........................................................................9
Additional Charges......................................................................9
Indoor/Outdoor Facility Minimum Charges.....................................9-10
Reservation Deposit...................................................................10
SecurityDeposit....................................................................... 10
Facility Fee Schedule.........................................................................11-15
Atascadero Lake Park.................................................................11
Pavilion.................................................................................12
Equipment rental fees.................................................................12
Charles Paddock Zoo..................................................................13
Tiger Garden Rental Policy.........................................................13
City Administration Building....................................................... 14
Sunken Gardens Park.................................................................15
Masonic Temple Building...........................................................14
AlvordField...........................................................................15
Paloma Creek Park....................................................................15
Paloma Equestrian Arena.............................................................15
Traffic Way Park......................................................................15
Softball Tournament Guidelines...............................................................15
Fees.....................................................................................15
Alcoholic Beverage Policy.....................................................................16
Food Service Policy..............................................................................16
Major/Special Event Procedures............................................................17-19
1
CITY OF ATASCADERO
DEPARTMENT OF COMMUNITY SERVICES
FACILITIES AVAILABLE FOR RENTAL
ATASCADERO LAKE PARK:
BARBECUE AREA#1:
Barbecue pit with seating for approximately 150 people.
Electricity and lights available.
BARBECUE AREA#2:
Barbecue pit with seating for approximately 150 people.
Electricity and lights available.
BARBECUE AREA#3:
Barbecue pit with seating for approximately 50 people.
Electricity available.No lights.
GAZEBO/BANDSTAND:
Covered patio area suitable for outdoor concerts,meetings,weddings,etc.
Electricity and lights available.
RANGER HOUSE/MEETING ROOM:
A house setting with a conference room.Kitchen and bathroom available.
Maximum capacity 27 people.500 Sq Ft.
PAVILION:
10,000 Sq. Ft. facility, suitable for receptions, dances, meetings, and special events. Kitchen facility and
several various sized meeting rooms available.
(See page 12 for room capacities)
ALVORD FIELD:
Adult-sized baseball field with field lights,bleachers, and restrooms.
CHARLES PADDOCK ZOO:
. TIGER GARDEN:
A landscaped area (60'x90').at the entrance to the Zoo located near bronze tiger and reflecting pool.
Tables and chairs not provided;electricity available for$5.00.
PALOMA CREEK PARK:
SOFTBALL FIELDS#1 AND#2:
Two adult-sized softball fields with field lighting,bleachers,and restrooms.
SPORTS OPEN FIELDS:
Two large multi-purpose open space fields suitable for sports activities or special events.
BASEBALL FIELD:
Fenced youth-sized baseball field with bleachers.
EQUESTRIAN ARENA:
Multi-purpose equestrian arena available for daily use and special events. Arena lighting and
announcer's booth available.
BBQ AT EQUESTRIAN ARENA:
BBQ area with 3 tables to accommodate 25 people
BBQ AT PALOMA:
Shaded patio with barbecue pit and 8 picnic tables to accommodate approximately 60 people.
TRAFFIC WAY PARK.
SOFTBALL FIELDS#1 AND#2:
Two youth-sized softball fields. No field lighting. Bleachers, and restrooms available. Retrieval of
balls over the outfield fence is not allowed.
SUNKEN GARDENS PARK:
Large multi-purpose grass area adjacent to City Administration Building, suitable for special events. No BBQ
facility or restrooms available.
2 C fo
CITYADMINISTRA TION BUILDING:
ROOM 102:
Conference room with a maximum capacity of 24 people.
ROTUNDA(Fourth Floor):
Large open round room suitable for large meetings and special events. Maximum capacity for
conference/dining is 100 people and assembly/dancing is 150 people. Alcoholic beverages allowed with
City Council approval only. No dishes or utensils supplied. Fourth floor kitchen included in rental
price.
FOURTH FLOOR KITCHEN:
Large commercial-sized facility. Included in Rotunda rental. No dishes or utensils supplied.
CLUB ROOM(Fourth Floor):
Conference room with a maximum capacity of 49 people conference/dining. No alcoholic beverages
allowed. No dishes or utensils supplied.
PAVILION:
ROTARY ROOM:
Lakeview conference room with a maximum capacity of 180 people dining/conference or 200 people
assembly/dancing. Room overlooks Atascadero Lake.
GRONSTRAND ROOM:
Lakeview conference room accommodating a maximum of 80 people dining/conference or 100 people
assembly/dancing. Room overlooks Atascadero Lake.
COMMUNITY ROOM:
Conference room accommodating a maximum of 50 people dining/conference.
KITCHEN:
A complete commercial kitchen. No dishes or utensils supplied.
MASONIC TEMPLE BUILDING:
• GYMNASIUM:
Multi-purpose room, wood floor, restrooms, maximum capacity 100 people for all uses. No dishes or
utensils supplied.
DINING ROOM/KITCHEN:
Conference room with adjacent kitchen accommodating 75 people for all uses. No dishes or utensils
supplied.
GENERAL CONDITIONS GOVERNING USE OF FACILITIES
The following conditions shall govern the use of facilities, which are administered by the Department of
Community Services.
AVAILABILITY OF FACILITIES:
When use of facilities does not conflict with the City's operations,programs, activities, or maintenance schedule,
they shall be available for use by individuals or groups.
Reservations will be granted at the discretion of the Director on a first-come, first-served basis for no more than
one year in advance.
Applications for use of public facilities will be approved based on availability,without discrimination or regard to
the applicant's viewpoint or subject matter, including religious or political viewpoints or subject matter. In the
case of conflicting usage,facility authorization is at the discretion of the Director,or his designee.
GENERAL POLICY:
• It is the objective of the Department that facilities be used primarily by groups and individuals for community
recreation activities regardless of race, color, creed, national origin, religion, sex, economic status, or area of
residence of said group and/or individual.
3171
RULES OF ENFORCEMENT:
r
The Director or designee shall enforce, or cause to have enforced, the provisions herein; and shall have the
authority to deny use of any facility to an individual or group who refuses to comply with the rules and
• regulations.
RIGHT OF FULL ACCESS:
The Department has the right of full access to activities at all times to ascertain compliance with rules,
regulations,city and state laws.
HOURS OF OPERATION:
Dawn to Dusk: Outdoor facilities without lighting
6:00 a.m.to 10:00 p.m.: Outdoor facilities with lighting
6:00 a.m.to 12:00 midnight: Indoor facilities
The above are the standard hours of operation,unless extended by authorization of the Director,or designee.
SUPERVISION:
A Department of Community Services employee shall be in attendance at any facility whenever it is deemed
necessary by the Director or designee. Said Department employee will determine if all rules, regulations, and
laws governing use of the facilities are being complied with. However,primary responsibilities for conformance
with said rules,regulations,and laws rest with the permittee.
SECURITY GUARDS:
Security guards are required at all City facilities where alcoholic beverages are served, and at other events where
the Director or designee deems appropriate. The security guard(s)shall be present for the full length of the event,
unless amended by the Director or designee. Security guard(s)are required to remain on site until all guests have
• left the premises. The expense for said security guard(s)shall be assumed by the permittee.
CEREMONIAL OCCASIONS:
There shall be NO use of City facilities which will unconstitutionally discourage any religious sect, church, or
sectarian denomination. Performances,activities, services and presentations conducted or given at facilities shall
neither unconstitutionally promote,support,nor discourage particular religious or philosophical beliefs.
CAPACITY OF FACILITIES:
Permittee shall not admit a greater number of persons than the maximum capacity posted or documented on the
facility confirmation.
CONCESSIONS:
The Department reserves all concession rights. Programs,records,tapes, books, and related items may be sold in
conjunction with an event if they relate to a performance or meeting if prior written approval has been received.
Arrangements must be made in advance, and may be subject to a payment of a percentage of the gross receipts,
which will be determined by the Director or designee.
ADMISSION CHARGES:
Unless specifically stated and approved in the permit, it is understood that activities or events will not be benefit
affairs, that no admission will be charged, that no tickets will be sold, and that no collection or donation will be
made.
DISPLAYING COMMERCIAL WRITTEN MATERIALS(SIGNS,POSTERS,ETC):
No written commercial or advertising materials or signs shall be placed in, on, or distributed about
parks/facilities.
Ml
4
DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS(PAMPHLETS,POSTERS,ETC.):
Non-commercial written material shall not be affixed to any park structure. Such material is allowed only in
• conjunction with a permitted event. It shall not be displayed or offered in a manner to cause damage to the park
structures, flora, or facilities; nor shall the material create a litter, safety, or access problem. The distributor of
material shall be responsible for cleaning up any litter caused by the display or distribution of this material.
SIGNAGE:
Posting of signage related to advertising any event on City-owned property must be authorized by the Director or
designee.
If advertising signage is approved, signs can only be placed at the facility where the event is to be held. No
signage is allowed to be posted on streets, utility poles, traffic signs, or other traffic control devices. Signs can
only be posted a maximum of 20 days prior to the event, and are required to be removed immediately after the
event. Signs shall be reviewed and approved by the Department of Community Services staff for professional
quality. Sign maximum size is 20 square feet. Directional and safety signage is allowed at the event site only.
Refer to the City's Sign Ordinance for further details.
STORAGE:
No receipt, handling, care, or custody of property of any kind shipped, or otherwise delivered to any facility,
either prior to, during, or subsequent to the use of facilities by any permittee is allowed, unless authorized by the
Director or his designee. The City or its officers,agents,or employees shall not be liable for any loss,damage,or
injury of such property.
DAMAGE:
Permittee will be responsible for all damage to facility,and shall be responsible for reimbursement to the City for
any loss or damage to City property caused by such use.
• CLEAN-UP:
Permittee is responsible for leaving the facility in a clean and orderly condition. A portion or all of the security
deposit may be withheld if the facility is not left clean and without damage to furnishings. At specific facilities, a
cleaning fee may be charged.
EQUIPMENT USE:
Special requests for equipment should be noted on the permit application. At specific facilities, an equipment
rental fee may be charged.
DANCES:
Dances will be allowed at the discretion of the Director. Persons under 21 will not be permitted at dances serving
alcoholic beverages.
Dances for minors require chaperones over 21 years of age to be present during the entire event at a ratio of 1
chaperone to 25 minors,unless amended by the Director. Security guards may be required at the discretion of the
Director.
DECORATIONS OR STAGE PROPS:
Existing facility decorations may not be removed without the prior approval of the Director or designee.
When decorating, DO NOT fasten any decorations to light fixtures. Scotch tape, masking tape, hold-it, thumb
tacks,staples,etc.,are not allowed.
Decorations belonging to the permittee must be disposed of immediately after the event. Any decorations left
may be discarded by the Department, and the removal effort could affect the amount of the security deposit
refunded.
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Exit doors,exit lights, fire alarm sending stations,wet standpipe hose cabinets, and fire extinguishers shall not be
concealed or obstructed by any decorative material or props. Use of candles or fuel lamps is prohibited at all
indoor facilities except the Pavilion, if Fire Department requirements are met.
. Any special effects,including curtains,hangings,or props shall be made of non-flammable material and approved
by the Fire Marshall.
PROHIBITED BEHAVIOR:
Illegal and immoral activities, the use of obscene language, gestures or behavior shall not be permitted at any
time.
SMOKING:
Smoking is prohibited by Ordinance Number 235 in all City-owned indoor facilities.
ALCOHOLIC BEVERAGES:
Alcoholic beverages are allowed in City parks and facilities (excluding the City Administration Building).
Authorization to sell alcoholic beverages at all City facilities (except the City Administration Building) may be
requested in coordination with a facility request application for a special event. Authorization for such permit
will be at the discretion of the Director or his designee. If alcoholic beverages are for sale, a permit from the
State of California, Alcohol Beverage Control, will be required. Proof of liability insurance in the amount of$1
million dollars is also required for the sale of alcoholic beverages, naming the City as an additional insured. No
one under the age of 21 is allowed to consume alcoholic beverages.
Security guards are required at all indoor events serving alcoholic beverages at a ratio of one security guard per
100 attendants, unless amended by the Director. Security guards may be required at outdoor events, at the
discretion of the Director.
ABANDONED EQUIPMENT:
Any equipment, effects, or decorations of the permittee remaining on the premises for more than two (2)work
• days after the expiration of the permit will be deemed abandoned and disposed of by the Department.
PERMITS AND LICENSES:
The permittee has the responsibility to obtain any additional permits and/or licenses required by City ordinances
or State laws,and shall furnish evidence of having obtained same to the
Department of Community Services.
AMPLIFIED MUSIC:
Amplified music is allowed in certain City facilities, upon the approval of the Director or designee. Amplified
music, is not allowed at outside facilities, unless authorized specifically by the Director or designee. Amplified
music is allowed in inside facilities from 8:00 a.m. to 12:00 a.m., unless extended by the Director of designee.
Amplified music is allowed in the Masonic Temple building from 8:00 a.m.to 11:00 p.m.
RULES AND REGULATIONS:
In order that activities at City facilities can best be enjoyed by everyone, basic rules of good conduct must be
observed. These include,but are not limited to,the following:
1. All City ordinances must be observed.
2. Gambling, the use of obscene Ianguage, dangerous conduct, unusually loud amplified music, or any
other activity that creates a disturbance will not be permitted.
3. The sale of alcoholic beverages without the proper permits is prohibited.
4. No equipment or furnishings shall be removed from a facility without Director approval.
5. Animals are not allowed in City buildings, except for handicap assistance purposes, unless Director
approval has been given.
6. Flea Markets and rummage sales are not permitted on City property except for City sponsored events.
Failure to comply with the rules and regulations may result in termination of a facility use permit. �,
FEE AND PERMIT PROCEDURES
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1. A Facility Use Permit is required for all groups or individuals reserving City facilities.
• 2. All use permit requests for usage of City facilities shall be authorized by the Director of Community
Services or designee,and subject to the availability of the facility. Application forms are available at the
City Administration Building,Department of Community Services,6500 Palma Avenue,Room 107.
3. A written application is required by applicant, and payment submitted before a reservation date
can be considered.
4. Facility confirmations are to be present at the function for which the application was applied. In the case
of a group or organization,it is recommended that one spokesperson be designated, and all arrangements
made through this representative.
5. Reservations shall be made in the order of receipt of application by the Department and subject to the
availability of the facility. All required fees must be paid prior to the facility being utilized.
Specific date reservations can be submitted a maximum of one(1)calendar year in advance from date of
application.
Continuing multiple-date reservations can be submitted for a maximum time period of one (1) calendar
year in advance from date of application.
Recognized non-profit organizations (see Classification of Users Section) continuing multiple-date
reservations are to be submitted for a maximum time period of one(1)calendar year in advance.
6. A non-refundable reservation deposit is required on certain City facilities and is due at the time of
permit application submittal. This deposit will be applied towards the facility usage fee if the
application is confirmed. If an application is not accepted, the reservation deposit will be refunded to
• applicant in full. If event is cancelled by applicant,the reservation deposit will not be refunded.
7. A security deposit may be required at certain facilities and must be paid in full 20 business days prior to
the facility being confirmed. This fee shall be refunded only if the facility is left clean and without
damage to the building or its furnishings. The City reserves the right to retain all or part of the security
deposit if facility is left unclean or damaged. If event runs over the agreed-upon time, fees will be
deducted from the security deposit.
8. All facility use rental fees are due a minimum of twenty (20) business days prior to the event date. If
all rental fees are not paid within this time period, the facility application may be canceled and the
reservation deposit(if applicable)will be retained in whole by the City.
9. All other permits, insurance certificates, licenses, etc., required in relation to a facility use permit are to
be submitted a minimum of twenty(20)business days prior to the event date.
10. Rental time period must include decorating and cleanup time. Rental time is adjusted to the next full
half hour. The facility must be vacated promptly at the time specified on the permit.
11. When applicable,persons utilizing City facilities are to receive necessary City keys from the Department
of Community Services immediately prior to the scheduled facility use. All keys must be returned to the
Department by the first business day after the rental. A key deposit of$20.00 may be charged.
12. At certain events, City staff may be assigned to assist at a rate of$10 per hour. This fee must be paid
prior to the event date.
13. Permits granted on a continuing basis are valid for a maximum period of twelve(12)months.
is
14. Fees for indoor facilities will be based on a one-hour minimum rental time frame. Fees for the Pavilion
will be based on a four-hour minimum on Friday, Saturday and Sunday.
7
15. A permit will not be issued under the following conditions:
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Insufficient Notice: When Department personnel cannot be scheduled, facilities prepared, or other
conditions relating to such use cannot be completed in the time between the date of the request and the
. date of the proposed event.
For Hazardous Activities: When permittee has mistreated a facility or violated facility use policies
during a previous occupancy.
When Event Publicized Prior to Approval: When an event has been publicized prior to receiving
approval for facility use and the facility is not available.
16. CANCELLATION OF PERMIT:
BY PERMITTEE:
To cancel a reservation or change the date of a facility usage permit, the permittee must give a
minimum of twenty (20) business days written notice for all indoor facility reservations and the
Sunken Gardens Park. A reservation deposit(if applicable) may be transferred, but is not refundable if
permittee cancels.
To change the time of an event,a minimum of a 48-hour notice is required.
In the case of inclement weather for outdoor facility reservations, the applicant may request a refund of
usage fees or reschedule the reservation date.
BY THE CITY:
A permit may be canceled for any of the following conditions:
A. If the permit is found to contain false or misleading information.
iB. If the use or proposed use will be detrimental to the health,safety or general welfare of the City,
or to the efficient operation of the facility for the public welfare.
C. If any individual, group, member or guest willfully, or through gross negligence, mistreats the
equipment/facility, or violates any of the rules, policies, regulations, terms and conditions
established for use of the facility.
D. Failure to make rental fee payments within the minimum time provided.
E. If permittee defaults on, or has not completed, all conditions and requirements for use of a
facility.
F. If the facility is needed for public necessity or emergency use.
G. If required permits and/or licenses are not obtained.
•
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FEES
CLASSIFICATION OF USERS:
Facility users are classified by group type. The classification of users are for the purpose of determining fees and
charges for facility rental.
When a facility use application is approved, an hourly or set fee shall be charged in accordance with the user's
classification.
CLASSIFICATION A(Non-Profit/Government Rate):
This class encompasses incorporated non-profit/governmental organizations recognized for fee discounts by the
City. Groups in this class,whose activities are not for profit,provide a community service for the residents of the
City of Atascadero. Organizations must have a minimum of 51 percent Atascadero residents as members. (This
requirement may be waived if the organization is providing a public service to Atascadero residents). This class
is intended for the normal activities of non-profit service clubs and similar organizations. Reservations and
security deposits will be charged, if applicable. All non-profit 501 (c)(3)organizations will be charged the same
fee for leasing or usage of public facilities, irrespective of the applicant's viewpoint or subject matter, including
religious or political viewpoints or subject matter.
CLASSIFICATION B(Private/Commercial):
This class conducts private parties for individual or family use, or activities not open to the general public. This
class includes commercial and private groups whose activities are for financial gain, or groups conducting
religious, political or union meetings. This class may also include non-profit groups with less than 51%
Atascadero residents. Reservations and security deposits will be charged, if applicable.
Pavilion rental fee on Saturdays will be at full rate for ALL user groups,regardless of classification.
CO-SPONSORED CLASS:
Class "A" criteria must be met. Co-sponsored status is extended to groups providing a service with a formal
partnership with the City of Atascadero Co-sponsorship status does not require that normal staffing patterns be
maintained. The organization or activity must be organized with the expressed purpose of conducting non-profit
programs/services for residents. A copy of the group's bylaws and financial records may be required.
EXPLANATION OF BASIC FEES
Fees have been established considering that only the basic facility is to be furnished. This includes:
1. Normal utilities
2. Normal maintenance
3. Standard table and chair set-up
4. General supervision
5. Sound set-up with microphone(Pavilion only)
ADDITIONAL CHARGES:
Charges may be assessed over the standard fee schedule for additional set-up, supervision or technical support
provided by the Department.
INDOOR FACILITY MINIMUM CHARGE:
Fees for indoor facility reservations are based on an hourly rate. There is a minimum of two(2) hours rental fee
for the Pavilion Gronstrand and Rotary Rooms and the Administration Building fourth floor Rotunda. All other
• meeting rooms may be reserved for a one (1) hour minimum rental fee. Four (4) hour minimum on Friday,
Saturday, Sunday at the Pavilion.
9
OUTDOOR FACILITY MINIMUM CHARGE: ,
Usage fees are charged for reserving various City outdoor facilities. Fee rates do not include equipment unless
specifically stated.
No facility usage fee is charged to City-sponsored softball teams for reserving City softball fields for softball
practice.
RESERVATION DEPOSITS:
A non-refundable reservation deposit is required on certain City facilities and is due at the time of permit
application submittal. This deposit will be applied towards the facility usage fee if the application is confirmed.
If an application is not accepted,the reservation deposit will be refunded to applicant in full. If applicant cancels
event,reservation deposit is not refunded.
SECURITY DEPOSITS:
A security deposit may be required at certain facilities and must be paid in full 20 business days prior to the
facility being confirmed. This fee shall be refunded only if the facility is left clean and without damage to the
building or its furnishings. The City reserves the right to retain all or part of the security deposit if facility is left
unclean or damaged. If event runs over the agreed-upon time,fees will be deducted from the security deposit.
CLEANING FEES
Permittee is responsible for leaving the facility in a clean and orderly condition. A portion or all of the security
deposit may be withheld if the facility is not left clean and without damage to furnishings. At apecific facilities,a
cleaning fee may be charged.
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FACILITY FEE SCHEDULE
• Ataseadero Lake Park
Hours of Operation 6:00 am to 10:00 pm
FACILITY GROUP FEE
GAZEBO includes grass A (Non-Profit) $30/Day
area in front of Gazebo
GAZEBO includes grass B (Private) $45/Day
area in front of Gazebo
BBQ AREAS 1 & 2 A (Non-profit) $30/Day
Capacity: 150 people
BBQ AREAS 1 & 2 B (Private) $45/Day
Capacity: 150 people
BBQ AREA 3 A (Non Profit) $30/Day
Capacity: 50 people
BBQ AREA-3 B (Private) $45/Day
Capacity: 50 people
MAJOR SPECIAL A (Non-Profit) $300/Day
EVENT Includes all
open grass areas,BBQ
areas,Gazebo
MAJOR SPECIAL B(Private) $600/Day**
EVENT Includes all
open grass areas,BBQ
areas,Gazebo
MAJOR SPECIAL A(Non Profit) $250.00*
EVENT B(Private)
Security Deposit
MAJOR SPECIAL A(Non Profit) $40.00
EVENT B(Private)
Reservation Deposit
Ranger House
RANGER HOUSE A(Non Profit) $10.00/Hr
Capacity
27 Dining/Conference
49 Assembly/Dancing
(1 hr min reservation)
RANGER HOUSE B(Private) $20.00/Hr
Capacity
27 Dining/Conference
49 Assembly/Dancing
(1 hr min reservation)
* The City reserves the right to increase the amount of security deposit for major special
events with expected attendance over 1,000.
• ** Events requiring paid admission (i.e., commercial event fundraisers) are subject to a basic
rate, or 10% of gross ticket sales, whichever is greater.
11
PAVILION ON,THE LAKE
FACILITY GROUP FEE
ROTARY ROOM A (Non-Profit) $17.50/Hr
Capacity:
180 Dining/Conference
200 As
4-hr Minimum Fri-Sat-Sun only)
ROTARY ROOM B rivate party) $25/Hr(Weekdays)
ROTARY ROOM B (Private ) $40/Hr (Evenings&weekends))
GRONSTRAND ROOM A (Non-Profit) $15/Hr
Capacity:
80 Dining/Conference
100 Assembly/Dancing
4-hr minimum Fri-Sat-Sun only)
GRONSTRAND ROOM B(Private party) $20/Hr(Weekdays)
GRONSTRAND ROOM B(Private party) 30/Hr (Evenings&weekends)
COMMUNITY ROOM A (Non-Profit) $15/Hr
Capacity:
40 Dining/Conference
50 Assembly/Dancing
COMMUNITY ROOM B(Private party) $15/Hr(Weekdays)
COMMUNITY ROOM B(Private ) $18/Hr(Evenings&weekends)
KITCHEN A (Non-Profit) $15/Hr
KITCHEN B Private party) $15/Hr(Weekdays)
KITCHEN B Private party) $25/Hr (Evenings&weekends)**
CLEANING FEE Less than 150 people $85.00
More than 150 people $110.00
•
SPECIAL EVENTS AT THE PAVILION
SPECIAL EVENT SATURDAYS ONLY
Includes entire building All users $950/Day
9:00 a.m.to midnight
CLEANING All users $110.00
SECURITY DEPOSIT All user $250.00
* Except Saturdays
EQUIPMENT RENTAL FEES
THESE FEES APPLY TO ALL USER GROUPS
EQUIPMENT FEE EQUIPMENT FEE
Platforms $ 5.00 ea. Stereo System/CD Player $10.00
TVNCR $10.00 Microphone &PA System $10.00
Overhead Projector $10.00 60 Cup Coffee Pot $ 5.00
Projector Screen $ 5.00
• TABLE & CHAIR SET-UP FEE
Table& Chairs set-up &take-down $5.00 per 50 persons
12
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CHARLES PADDOCK ZOO:
. ENTRANCE FEE: LARGE GROUP ADMISSION POLICY:
Ages 2&Under $-0- Groups of 100 to 199 $ .50 Discount,regardless of age
Ages 3 to 15 $2.00 Groups of 200 or more $1.00 discount,regardless of age
Ages 16 to 64 $3.00
Ages 65 &Over $2.25 STROLLER RENTAL $1.00
Discounts for groups under 100 shall be granted on an individual basis by the Zoo Curator.
Advanced reservations required,please call 461-5080. Payment shall be made in advance by the group leader.
TIGER GARDEN RENTAL POLICY
The Zoo"Tiger Garden," a lush landscaped area at the entrance to the Charles Paddock Zoo, is an ideal location
for a family picnic, wedding, or other special event. The central focus of this area(60'x90') is a life-size bronze
tiger by local artist, Susan Beatie. The tiger overlooks a reflecting pool as a waterfall cascades from a rock
outcrop.
Tables and chairs are not provided the group may provide their own.
One 15 amp electrical outlet is available for the group's use for $5.00. The group must supply their own
extension cord.
The group may use sound in conjunction with their event, but the Zoo staff reserves the right to regulate the
volume in order to avoid disturbance of Zoo animals,or other visitors.
ALL RENTAL FEES INCLUDE ZOO ADMISSION,AND ARE AS FOLLOWS:
• GROUP SIZE RESIDENT NON-RESIDENT CLEANING DEPOSIT
1 TO 25 $ 45.00 $ 75.00 $ 25.00
26 TO 50 $ 75.00 $100.00 $ 25.00
51 TO 100 $150.00 $175.00 $100.00
ALL RENTAL RATES ARE PER HOUR WITH A MINIMUM OF TWO (2) HOURS
* The cleaning deposit is refundable with satisfactory cleanup. All decorations must be removed as part of the
cleanup procedures.
When reserving the Tiger Garden, please account for actual time you will require the area, including set-up and
clean-up. An additional fee of$25.00 per hour will be required if any function and/or clean-up activities extend
past Zoo closing time.
Groups renting the Tiger Garden are responsible for damage to the facility and/or equipment, including excessive
damage to landscaping.
Smoking is not permitted in the Tiger Garden.
The use of signs and banners must be in agreement with the City's Sign Ordinance.
Permission to serve wine and/or beer must be obtained in writing from Brady Cherry, Director of Community
Services. Beverages may be consumed in paper or plastic cups (no glass or Styrofoam). Also, no cup lids,
straws,or balloons are permitted on Zoo grounds or tiger garden.
TIGER GARDEN CANCELLATION POLICY
Refunds of rental fees shall be made if cancellations are received no later than 14 days before the scheduled
• event. In the case of rain, or other bad weather, there will be a full refund of the rental fee with a cancellation
notice received from the contact person no later than 9:00 a.m. of the day of the event. Cancellations without
prior notice will be subject to a 50% penalty of the rental fee. The contact person and/or representative of the
group will be responsible for notifying guests of the event of any cancellations.
13
CITY ADMINISTRATION BUILDING
• FACILITY GROUP FEE
4TH FLOOR ROTUNDA A (Non-Profit) $15/Hr
Maximum Capacity:
100 Dining/Conference
150 Assembly/Dancing
Includes Kitchen
2-hr minimum reservation
4TH FLOOR ROTUNDA B(Private Party) $30
RESERVATION DEPOSIT A(Non-Profit) $40
B (Private party)
SECURITY DEPOSIT A(Non-Profit) $250
B (Private party)
CLEANING FEE A(Non-Profit) $110
B (Private party)
4TH FLOOR CLUB ROOM A (Non Profit) $10/Hr
Maximum Capacity:
25 Assembly/Conference
(1-hr minimum reservation)
4TH FLOOR CLUB ROOM B(Private Party) $15/Hr
RESERVATION DEPOSIT A(Non Profit) $10
B(Private)
CONFERENCE ROOM 102 A (Non-Profit) $10/Hr
Maximum Capacity:
25 Assembly/Conference
(1-hr minimum reservation)
CONFERENCE ROOM 102 B(Private party) $20/Hr
RESERVATION DEPOSIT A(Non Profit) $10
B(Private)
MASONIC TEMPLE BUILDING
GYMNASIUM A (Non-Profit) $15/Hr
Maximum Capacity: 50
GYMNASIUM B(Private party) $24/Hr
SECURITY DEPOSIT A(Non Profit) $250
B(Private)
RESERVATION DEPOSIT A(Non Profit) $ 40
B(Private)
DINING ROOM/KITCHEN A (Non-Profit) $15/Hr
Maximum Capacity: 50
DINING ROOM/KITCHEN B(Private party) $18/Hr
SECURITY DEPOSIT A(Non Profit) $40
B(Private)
RESERVATION DEPOSIT A(Non Profit) $ 40
B Private
•
032
14
OUTDOOR FACILITIES
r
FACILITY GROUP FEE
SUNKEN GARDENS PARK , A on-Profit $50/Da
• SUNKEN GARDENS PARK B(Private ) $100/Da
ALVORD FIELD:
BASEBALL FIELD A(Non-Profit) $10/Hr
B Private
LIGHTS A(Non-Profit) $10/Hr
B (Private
TRAFFIC WAYPARK:
SOFTBALL FIELDS 01&92 A on-Profit $10/Hr
SOFTBALL FIELDS#1 B(Private $15/Hr
FIELD BASE RENTAL(Optional) A(Non Profit) $200
B(Private)
PALOMA CREEK PARK:
SOFTBALL FIELDS#1 A on-Profit $10/Hr
B(Private ) $15/Hr
LIGHTS A(Non Profit) $10/Hr
B(Private)
FIELD BASE RENTAL(Optional) A(Non Profit) $200
B Private
OPEN FIELDS A on-Profit $10/Hr
OPEN FIELDS B Private $15/Hr
YOUTH BASEBALL FIELD A on-Profit $10/Hr
YOUTH BASEBALL FIELD B(Private party) $15/Hr
BARBECUE AREA A(Non Profit) $20/Day
Approximate Capacity: 60 people
6 a.m.to 10 p.m.reservations
BARBECUE AREA B(Private) $35/Day
PALOMA EQUESTRIAN ARENA:
SPECIAL EVENTS A on-Profit $ 50/Da
SPECIAL EVENTS B Private a $100/Da
SECURITY DEPOSIT A(Non Profit) $200
B(Private)
INSURANCE A(Non Profit) $1 MILLION
B Private
ARENA PREPARATION(Optional) A(Non Profit) $40
B Private
NO FEE/MEMBERSHIP FOR NON-SPECIAL EVENT USAGE
SOFTBALL TOURNAMENT GUIDELINES
The Atascadero Department of Community Services encourages organized sports tournaments for youth and adults, utilizing
City recreational facilities. The following guidelines include application procedures,general information and fees.
TOURNAMENT APPLICATION PROCESS:
1. Submittal of tournament application form, approval of proposed tournament dates, location, fields used, and
payment of application fees.
FEES SERVICES/OPTIONS
$50.00 Non-refundable reservation deposit.
$200.00 Rental fee must be submitted 1 week prior to the event.
$100 Per event/per facility, refundable cleaning/security deposit(if fields left in clean condition and
there is no damage)must be submitted 1 week prior to the event
$7/Hr Field use fee(mandatory)
$10/Hr Field lights(optional)
$50 Food Concession Fee(optional)
$8/13ag Field chalk(optional)
• $20/Hr City staff clean-up time charged to Tournament Director if required
2. Sponsor to meet with Adult Sports Recreation Supervisor no later than one(1)week prior to tournament to review
event schedule,services requested,and options desired. Fees for the services and options are listed below:
3. Managers are responsible for their dumpster fees.
15
ALCOHOLIC BEVERAGE POLICY
• Individuals or organizations may request permission to sell alcoholic beverages in conjunction with the use of City facilities
(except the City Administration Building). Permittee shall follow the procedures hereinafter set forth. It shall be the full
responsibility of the individual or organization to contact the Department of Alcoholic Beverages to determine the exact
requirements pertinent to the type of use.
1. Groups or individuals wishing to sell alcoholic beverages must submit an application for permit to use City facilities
a minimum of twenty (20) business days prior to the event. Applications may be obtained at the City of
Atascadero,Department of Community Services,6500 Palma Avenue,Room 107,Atascadero.
2. The Director of Community Services or his designee approves or disapproves all requests for the sale of alcoholic
beverages at City facilities.
3. If approved, a latter from the Department of Community Services will be prepared authorizing the event, and
presented to the permittee for submittal to the Department of Alcoholic Beverages, located at 3220 Higuera, San
Luis Obispo.
4. A copy of the Department of Alcoholic Beverages sales permit must be presented to the Department of Community
Services a minimum of ten(10)business days prior to confirmation for use of the facility.
5. A copy of liability insurance in the amount of$1 million dollars,listing the City as additional insured,for the date(s)
of the event,is required prior to confirmation for the use of the facility.
6. Security guards will be required for any event selling or serving alcoholic beverages in any City facility.
7. Ratio of security guards to participants will be determined by City staff.
FOOD SERVICE POLICY
FACILITIES SUITED FOR FOOD AND BEVERAGE SERVICE:
Pavilion on the Lake
A complete commercial kitchen, offering a facility for various types of food service. Accessories such as dishes, utensils,
cups,glasses,silverware,linens,and cookware are not available.
Administration Buildine Fourth Floor Kitchen:
A complete commercial kitchen, offering a facility for various types of food service. Accessories such as dishes, utensils,
cups,glasses,silverware,and cookware are not available.
Picnic Areas:
Barbecue pits,electricity outlets and water are available.
FOOD PREPARATION FOR SALE:
Individuals or organizations may request permission to sell or collect donations for providing food services at the above
locations.
Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to
contact the County Health Department to determine the exact requirements pertinent to the type of use.
1. Individuals or organizations wishing to sell or collect donations for food services must submit an
application for a permit to use a City facility a minimum of twenty(20)business days prior to the event.
Applications may be obtained at the City of Atascadero,Department of Community Services, 6500 Palma
Avenue,Room 107,Atascadero.
2. The Director of the Department of Community Services shall approve or disapprove all requests for the
sale or collection of donations for food services at City facilities.
• 3. If approved,the applicant will be required to contact the County Health Department to receive.a permit for
food sales for a temporary event. Their office is located at 2156 Sierra Way, in San Luis Obispo (781-
5544).
4. A copy of the County Health Department permit must be provided to the Department of Community
Services a minimum of ten(10)business days prior to confirmation for use of the facility.
16 t'S
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MAJOR SPECIAL EVENT PROCEDURES
• Individuals, organizations, or businesses may request the use of Atascadero Lake Park or the Sunken Gardens for major
special events.
Applicants may request permission to hold a major special event by submitting an"Application To Use A City Facility For
Major Special Events." Applications describing the event are to be submitted to the Department of Community Services
Office,6500 Palma Avenue,Room 107,Atascadero.
DEFINITION OF MAJOR SPECIAL EVENT:
The Director of Community Services, or his/her designee, based on one or more of the following criteria will determine a
"Major Special Events"status:
1. Estimated attendance of over 250 people.
2. The event organizers will receive fees or donations.
3. Amplified music or entertainers will be present.
4. Paid entertainment will be present.
5. Food or alcoholic beverages are to be sold.
6. Special event involves special security or public safety controls.
APPROVAL PROCESS:
If"Major Special Event Status is determined,the Director of Community Services will make a recommendation for approval
or denial to the Atascadero Parks and Recreation Commission for all first-time external events only. Recommendations and
comments will be sought from the Police Department and Fire Department prior to review by the City Council. The Director
of Community Services will approve all continuing or recurring events unless the applicant has requested significant changes
to the event.
No more than six major special events will be allowed at Atascadero Lake Park during the period of time between and
including the Easter holiday weekend and the Labor Day holiday weekend. A minimum of two(2)weeks is required between
. major special events.
Major Special Events will not be granted if a group picnic area or the gazebo has already been reserved.
STATE AND COUNTY REQUIREMENTS AND PERMITS:
If approved,the applicant will be notified and a confirmed permit will be mailed. All approved major special events will be
required to comply with all established local,County,and State laws and regulations including,but not limited to,food sales,
alcohol beverage sales,and sales tax.
FOOD SALES:
The applicant is responsible for acquiring all necessary food sales permits. A copy of the permit must be provided to the City
of Atascadero and posted at the event. Food sales permits may be obtained from the San Luis Obispo County Health
Department located at 2156 Sierra Way,in San Luis Obispo,telephone number 781-5544.
ALCOHOLIC BEVERAGE SALES:
The applicant is responsible for providing to the City of Atascadero, and to post at the event, a copy of the State Alcoholic
Beverages Sales Permit. To secure this permit, the applicant must receive a letter from the City stating permission to sell
alcoholic beverages on City property. The letter must be presented to the State Department of Alcoholic Beverage Control
located at 3220 South Higuera,Room#305,San Luis Obispo.
SALES TAX:
Intended for applicants who sell any personal property that will require the application of sales or use tax. You may obtain
information regarding the application of tax to your business by contacting the State Board of Equalization,(800)432-2829 or
(805)677-2700, located at 4822 McGrath, Suite 260,Ventura,CA. It is the responsibility of the applicant to notify any and
• all vendors who may participate in the proposed special event about the sales tax requirements.
17
CITY OF ATASCADERO REQUIREMENTS:
r
In addition, by abiding to all pertinent State and County laws'and regulations, the event holder must also abide by all
applicable City ordinances,policies and procedures listed below. Additional requirements may be applied at the discretion of
the Director of Community Services,or his/her designee,and/or the Police or Fire Chief,or his/her designee.
BUSINESS LICENSE:
The applicant is responsible to obtain a City of Atascadero Business License if any food,personal property,or services will be
sold. The applicant must provide a copy of their business license to the Community Services Department office. Business
licenses may be obtained at the City of Atascadero,Community Development Department(461-5035), located at 6500 Palma
Avenue,Room 104,Atascadero.
LIABILITY INSURANCE:
The applicant is responsible for obtaining a comprehensive liability insurance policy in the amount of$1,000,000, listing the
City of Atascadero as additionally insured. A certificate of insurance must be provided to the City of Atascadero at least ten
(10)business days prior to the event.
PLOT PLAN/FACILITY DIAGRAM:
It is the responsibility of the applicant to submit a plot plan of the proposed major special event depicting the approximate
location of all activities,booths,vehicles,tables,and other related equipment,at least 20 business days prior to the event date.
City staff will meet with the applicant to review the plan and make any necessary revisions.
CLEAN-UP/TRASH DISPOSAL:
It is the general policy of the City of Atascadero that the facility be returned in the same or better condition than received. It
will be the responsibility of the event coordinator to remove all refuse generated by the major special event. Failure of the
event holder to leave the park in a clean and unlittered condition may result in forfeiture of all or part of the security deposit.
A minimum of one commercial grade,three yard capacity, refuse container must be provided by the event coordinator. The
container(s)is to be delivered no more than two(2)days before the event and picked up no later than two (2)days following
• the event. Refuse containers may be obtained at Atascadero Waste Alternatives, (466-3636), located at 7625 San Luis
Avenue,Atascadero.. Confirmation of refuse container rental must be provided to the City at least 20 business days prior to
the event date. Trash pickup and emptying of facility trash cans during and after the event will be the responsibility of the
event holder. Recycling containers must also be provided at all approved major special events held at City facilities. The
event holder is responsible for all fees associated with renting said equipment.
PORTABLE SANITATION UNITS:
Portable sanitation units will be required at all major special events conducted at City facilities. The number of portable
sanitation units will be determined by the number of expected persons,length of event and the type of activity. A minimum of
two portable sanitation units is to be provided at any event of 250 people or less. Two additional units will be required for
every additional 250 persons expected. Portable sanitation units can be rented from several local companies,and confirmation
of rental must be provided to the City no later than 20.business days prior to the event. The units are to be delivered no more
than two days before the event,and must be picked up no later than two days after the event. The event holder is responsible
for all fees associated with renting said equipment.
SIGNAGE:
All signs posted for major special events held at City facilities must conform to the City's sign ordinance and be approved in
advance by the Director of Community Sen ices or his/her designee. Below is a brief outline of the guidelines regarding
special event signs.
1. Signs will not be allowed that are off-site from the actual event. For example, signs in the Sunken
Gardens cannot advertise an event at Atascadero Lake Park.
2. Signs providing directions to an event are not allowed. Directional signs are allowed only on the actual
event site.
3. No signs can be posted on trees,utility poles,traffic signs,or any other traffic control devices.
• 4. Portable signs such as sandwich boards are not allowed.
5. Temporary event signs are permitted as long as they are less than twenty(20) square feet, are not posted
more than twenty(20)days prior to the event,and are removed immediately after the event.
18 ����
DECORATIONS:
Attaching decorations to trees, signs,pole,buildings,tables, or other park equipment with nails, tacks, staples, or eyebolts is
strictly prohibited. All decorations must be removed immediately after the event.
EVENT SECURITY:
Any Major Special Event that includes alcoholic beverages and/or amplified music will be required to have a minimum of two
state certified security guards on site during the entire event for every 500 people expected. Additional security guards may be
required at the discretion of the Director of Community Services or his/her designee. Please note that amplified music is not
allowed at Atascadero Lake Park,unless the Director has granted permission.
EQUIPMENT STORAGE:
No equipment is to be stored at the facility either prior to or after the event. All delivery, set-up tear down, and removal of
equipment must occur on the day of the event. The City of Atascadero will not be responsible for any equipment left at the
facility.
PARKING:
At the discretion of the Director of Community Services, special arrangements for parking such as off-site parking lots and
shuttle service may be required. For all major special events, parking spaces must be reserved exclusively for Charles
Paddock Zoo visitors. Parking lot attendants may be required. At no time can parking space be reserved exclusively for
patrons of the Major Special Event. All City Park facility parking spaces are to remain available for general park use.
Vehicles are not allowed onto grass areas unless the applicant receives expressed permission from the Director of Community
Services.
STREET CLOSURE:
Any requests for road closure are to be listed on a Road Closure Request Form and submitted along with the special event
application form. Road closure requests must include suggested alternate routes, an emergency access plan, and proposed
traffic controls.
City staff will review street closure requests and the applicant will be notified about special traffic control requirements.
FEES AND GHARGES:
A non-refundable reservation deposit will be charged at the time an application is submitted. Applications for use of City
facilities will not be accepted without the correct reservation deposit for the facility requested. This deposit will be applied to
the facility use fees when paid.
A security deposit will be charged for all major special events. This security deposit is due along with all other facility use
fees a minimum of twenty (20) business days prior to the event date. The entire security deposit will be refunded to the
applicant if the facility is returned clean and in its original condition. The cost for any damages or additional fees will be
deducted from the security deposit.
ON-SITE STAFF SUPERVISION:
At certain events,City staff may be assigned to assist at a rate of$10.00 per hour. If applicable,this fee must be paid prior to
the event.
EMERGENCY SERVICES:
Any extraordinary police or fire services required as a result of the event (riot, etc.) may be charged (in full) to the event
organizer.
FIRE DEPARTMENT PERMIT INSPECTION FEES:
If a permit is required by the City of Atascadero Fire Department for inspection of the major special event site, specific fees
may apply. Examples of permit inspection fees include, but are not limited to; inspection of tents over 200 square feet,
inspection of circuses,and use of open flame in an assembly area.
Any City staff time out of the normal routine necessary for clean-up, preparations or repairs will be charged directly to the
applicant at a rate of$20.00 per hour.
Any City equipment requested for the event will be charged to the applicant at the rate established in the City's facility rental
policies and procedures.
C:\MyDocs\Manuals\FacilityPolicies... 03 7
19
•
SECTION II
•
COMPARISON TABLE
WITH PREVIOUS
POLICIES AND
PROCESURES
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•
SECTION III
•
COMPARISON TABLE
OF CURRENT FEES
AND
PROPOSED INCREASED
FEES
•
, ou
PROPOSED FEE INCREASES r
• Page Facility Description Classification Current Fee Proposed Fee
ATASCADERO LAKE
11 PARK:
11 Gazebo Rent Non-Profit $10/Day $30/Day
11 Gazebo Rent Private $24/Day $45/Day
11 BBQ Areas 1 &2 Rent Non-Profit $13/Day $30/Day
11 BBQ Areas 1 &2 Rent Private $30/Day 45/Day
11 BBQ Area 3 Rent Non-Profit $8/Day $30/Day
11 BBQ Area 3 Rent Private $18/Day $45/Day
11 Ranger House Rent All users $5/Hour $10/Hr
ATASCADERO LAKE
12 PAVILION:
12 Rotary Room Rent Non-Profit $15/Hr $17.50/Hr
12 Rotary Room Rent-Fri to Sun Private $36/Hr $40/Hr
12 Kitchen Rent-Fri to Sun Private $18 $25/Hr
SPECIAL EVENT AT
12 THE PAVILION Rent whole bldg All users $0 $950/Day
• 12 EQUIPMENT FEES:
12 Platforms Rent All users $0.00 $5.00 each
12 TV/VCR Rent All users $0.00 $10.00
12 Overhead Projector Rent All users $0.00 $10.00
12 Projector Screen Rent All users $0.00 $5.00
Microphone& PA
12 System Rent All users $0.00 $10.00
12 Stereo System Rent All users $0.00 $10.00
12 Coffee Pots Rent All users $0.00 $5.00
$5/per 50- if
more than 50
12 Table/Chair set up Set up/break down All users $0.00 people
CITY
ADMINISTRATION
14 BUILDING:
14 4th floor Rotunda Rent Non-Profit $10/Hr $15/Hr
14 4th floor Rotunda Rent Private $24/Hr $30/Hr
No fee
14 4th floor Rotunda Cleaning Fee All users presently $110
14 4th floor Club Room Rent Non-Profit $5/Hr $10/Hr
14 4th floor Club Room Rent Private $12/Hr $15/Hr
14 Conference Room 102 Rent Non-Profit $5/Hr $10/Hr
14 Conference Room 102 Rent Private $10/Hr $20/Hr
PROPOSED FEE INCREASES
Page Facility Description Classification Current Fee Proposed Fee
SUNKEN GARDENS
15 PARK:
15 Sunken Gardens Park Rent Non-Profit $38/Day $50/Day
15 Sunken Gardens Park Rent Private $90/Day $100/Day
15 ALVORD FIELD,
15 Baseball Field Rent Non-Profit $5/Hr $10/Hr
15 Baseball Field Rent Private $6/Hr $15/Hr
PALOMA CREEK
15 PARK:
15 Softball fields 1 &2 Rent Non-Profit $5/Hr $10/Hr
15 Softball fields 1 &2 Rent Private $6/Hr $15/Hr
15 Open Fields Rent Non-Profit $5/Hr $10/Hr
15 Open Fields Rent Private $6/Hr $15/Hr
15 Youth Baseball Field Rent Non-Profit $5/Hr $10/Hr
15 Youth Baseball Field Rent Private $6/Hr $15/Hr
15 Barbecue Area Rent Non-Profit $13/Day $20/Day
• 15 Barbecue Area Rent Private $30/Day $35/Day
Paloma Equestrian
15 Arena Rent Non-Profit $25/Day $50/Day
Paloma Equestrian
15 Arena Rent Private $60/Day $100/Day
15 Softball Tournaments Rent Non-Profit $5/Day $7/Day
15 TRAFFIC WAY PARK:
15 Softball fields 1 &2 Rent Non-Profit $5/Hr $10/Hr
15 Softball fields 1 &2 Rent Private $6/Hr $15/Hr
'sJ
•
SECTION N
•
PIE CHARTS OF
PAVILION SATURDAY
USER INFORMATION
•
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FEE
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SECTION VI
� POTENTIAL REVENUE
FROM
PROPOSED FACILITY
USE FEE CHANGES
•
Potential Revenue from Proposed Facility Use Fee Changes
Revenue Source Estimated Increase in Revenue
Equipment fees $ 770.00
(applies to Classification B/private group rentals only)
Equipment Proposed fee # of rentals/yr Potential Revenue
Platforms $ 5.00 each 48 $240.00
TV/VCR 10.00 12 120.00
Overhead Projector 10.00 5 25.00
Projector Screen 5.00 5 25.00
Microphone &PA System 10.00 12 120.00
Stereo System 10.00 24 240.00
Table & Chair Set-up $1,225.00
(applies to Classification B/private group rentals only)
$25/week x 49 weeks=
Potential Increased Revenue from Non-profit rental fee increases $5,374.00
Equipment Proposed fee increase # of rentals/yr Potential Revenue
Gazebo $10.00 5 $ 50.00
BBQ Areas 17.00 30 510.00
Rotary Room 2.50/hr 480 hrs/yr 1,200.00
Rotunda Room 5.00/hr 60 hrs/yr 300.00
Club Room 5.00/hr 20 hrs/yr 100.00
Room#102 5.00/hr 20 hrs/yr 100.00
Sunken Gardens 12.00 2 24.00
Alvord Field 5.00/hr 30 hrs/yr 150.00
Softball Fields 5.00/hr 360 hrs/yr 1,800.00
Open Fields 5.00/hr 288 hrs/yr 1,440.00
Potential Increased Revenue from Private rental fee increases $3,185.00
Equipment Proposed fee increase # of rentals/yr Potential Revenue
Gazebo 11.00 5 55.00
BBQ Areas 5.00 45 225.00
Ranger House 5.00/hr 10 hrs/yr 50.00
Rotary Room 4.00/hr 360 hrs/yr 1,440.00
Pavilion Kitchen 7.00/hr 360 hrs/yr 875.00
Rotunda Room 6.00/hr 40 hrs/yr 240.00
Club Room 3.00/hr 20 hrs/yr 60.00
Room#102 5.00/hr 20 hrs/yr 100.00
Sunken Gardens 10.00 1 10.00
Alvord Field 5.00/hr 30 hrs/yr 270.00
Softball/Open Fields 5.00/hr 0 hrs/yr 0.00
Potential Increased Revenue from Change in Saturday Use $2,835.00
Total Potential Increased Revenue from all Proposed fee increases $13,389.00
•
1 �
ITEM NUMBER: C 5
DATE: 01/23/2001
1918 F' � 19 9
\ATASCAD�%
Atascadero City Council
Staff Report - City Manager's Office
Legislative Priorities 2001
RECOMMENDATION:
Council adopt draft Resolution establishing the City's legislative priorities for 2001.
DISCUSSION:
The City is impacted each year with new legislation at the State and Federal level. Often the
City Council or staff takes positions on legislation impacting city goals or operations. The
• Council in the 1999 Strategic Planning workshop indicated that the City should adopt a list of
legislative priorities that could be used with State and Federal representatives to promote
Atascadero's legislative agenda. The first version of legislative priorities was adopted by the
City Council in 2000.
The attached draft Resolution contains a variety of issues that impact Atascadero and continues
the City's legislative agenda.
FISCAL IMPACT.: None
ALTERNATIVES: Modify legislative positions included in the Resolution.
ATTACHMENTS: Draft Resolution
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
ESTABLISHING THE CITY LEGISLATIVE ACTION PROGRAM AND
PRIORITIES FOR 2001
WHEREAS, the major objective of the City Council is to adopt an aggressive legislative
program which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or
take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to favorably
influence State and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the County has a direct impact upon the quality of life in Atascadero, it is
imperative that the City maintain quality communications and
WHEREAS, the City desires to be proactive and involved in the governmental decision
making processes directly affecting the City legislative priorities identified in Exhibit "A", and
other selected issues as may from time to time be recommended by the League of California
Cities;and
WHEREAS, a key component of the City's Legislative Action Program is face to face
meetings between City representatives and elected officials at the Federal, State, and County
levels, and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Atascadero does hereby establish the Legislative Action Priorities for 2001, as set forth in the
1 0
City of Atascadero
Draft Resolution
Page 2
attached Exhibit "A", and authorizes staff to take positions on legislation generally consistent
• with the Legislation Action Priorities and such other resolutions and recommendations of the
League of California Cities as may be from time to time presented to the City.
BE IT FURTHER RESOLVED, that City staff is directed to schedule meetings, as
appropriate and convenient, with our Congressional, State Senate and State Assembly
representatives to discuss and promote the City's legislative program, and to continue efforts.to
improve communications and relationships with the County Board of Supervisors and north
county cities to further our interests in land use and water issues.
Upon motion of Council Member and seconded by Mayor Pro Tem
on the following roll call vote:
AYES:
NOES:
• ABSENT:
The foregoing Resolution was adopted this 23`d day of January, 2001.
J. Mike Arrambide, Mayor
,ATTEST:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
i21
City of Ataseadero Exhibit A
Draft Resolution
Page 3
CITY OF ATASCADERO
•
CITY LEGISLATIVE ACTION PRIORITIES FOR 2001
FEDERAL PRIORITIES
• Requiring funding of federally mandated programs or eliminating such mandates
• Promoting continued and increased funding sources for transportation
• Obtaining new funding sources to expand low and moderate income housing
• Supporting legislation that provides regulatory relief to local government in complying with
the Fair Labor Standards Act and overtime provisions for exempt employees
• Supporting continued funding for the Land and Water Conservation Grant Program
• Supporting legislation which strengthens the ability of cities to control their public rights-of—
way and apply zoning regulations relative to the telecommunications industry
• Supporting legislation to increase the availability of grant funding to replace aging
infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. •
• Supporting legislation which assists welfare reform to work in a positive way and provides
funding for the social service programs of local non-profit organizations
• Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for
necessary flood control projects
• Supporting legislative action to retain the existing process of local judicial review of land use
decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best
known to local authorities at the local level
• Opposing mandatory social security for newly hired local governmental employees
• Supporting legislation to promote the responsible and cost effective reuse of biosolids
• Promoting Federal efforts toward preservation of open space, coastal resources, signature
land forms, wetlands, and other natural resources or areas threatened by development
122
City of Ataseadero Exhibit A
Draft Resolution
Page 4
• STATE PRIORITIES
FINANCE
• Supporting efforts to protect the City from loss of revenues due to State mandates
• Supporting legislation that strengthens opportunities for local fiscal independence
• Returning ERAF
• Supporting legislation to cap the growth of ERAF
• Supporting efforts to "protect, preserve and reform" local government revenue sources"
• Supporting legislation which better assures any reductions in Vehicle License Fees by the
State will be back-filled to local government in a permanent way
COMMUNITY DEVELOPMENT
• Opposing mandated State approval of local General Plan Elements, such as implementing
and compliance with State General Plan Housing element law
• Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings
• Promoting state efforts toward preservation of open space, coastal resources, signature land
forums, wetlands, and other natural resources or areas threatened by development
• Promoting realistic housing requirements in the Housing Element
• Promoting the concept of Urban Growth Boundaries
• Promote the principles of Smart Growth
PUBLIC SAFETY
• Preserving city's authority to investigate police misconduct
• Preserving city's authority to establish emergency medical service levels
• Increasing City authority to regulate group homes for juvenile offenders
• Continuing support for disaster preparedness/earthquake preparedness
• • Supporting efforts to secure higher levels of cost recovery for DUI's
L23
City of Ataseadero Exhibit A
Draft Resolution
Page 5
• Supporting efforts to expand the scope of parental responsibility for crimes committed by
minors •
• Supporting efforts to provide the Governor with authority to override the parole board when
anyone convicted of a violent offense is proposed to be released on parole
• Preserving the authority of local control on issuance of concealed weapons permits
• Retaining budget commitments for Public Safety supplemental finding — State COPS
program
• Supporting legislation to help curb underage drinking
• Supporting another ABC inspector to work on minor/alcohol issues
• Supporting legislation enhancing penalties for inmate offenses at the State Hospital
• Opposing new or increased state fees for state provided law enforcement service
• Support legislation enhancing Megan's Law or regulating the movement of registered sex
offenders
TRANSPORTATION •
• Changing Gas tax laws to allow local tax for transportation purposes based on a majority
vote of the public
• Increasing transportation funding (including transit, bicycles, others)
PERSONNEL/EMPLOYEE RELATIONS
• Further reforming Worker's compensation
• Preserving the fiscal integrity of PERS
• Opposing binding arbitration and expansion of the "Peace Officers' Bill of Rights"
• Monitoring employee healthcare/benefit changes
• Opposing the establishment of the Public Employees Relations Board (PERB) as an authority
over local government employee relations disputes
PUBLIC WORKS
• Better defining "qualified" bidders in public contracts bidding •
• Redefining Prevailing wages as "average" local wages
124
City of Atascadero Exhibit A
Draft Resolution
Page 6
• Streamlining Federal and State process for funding street projects
• Increase to $20,000 limits of work (from $5,000) for public projects not requiring
competitive bidding
• Obtaining grant funding for seismic retrofit projects (buildings, bridges, etc.)
PARKS AND RECREATION
• Supporting recreational programming , particularly for youth within the City
• Supporting funding for: protection of natural resources (e.g., the Lake), open space, and
parks development
• Supporting funding for rehabilitation of existing parks
• Supporting efforts at the State level for a park and open space bond measure
• Obtaining grant funding for a Community Center
• Improving the timeliness and accuracy of fingerprinting for volunteers
• Obtaining grant funding for the preservation of historic buildings
UTILITIES
• Providing funding for reclaimed water programs
• Supporting legislation to enhance local government's ability to comply with solid waste
requirements
• Support Statewide action to protect residents from volatile energy markets
• Supporting legislation to increase availability of grant funding for replacement of aging
infrastructure
• Supporting legislation promoting the responsible and cost-effective reuse of biosolids
• Supporting legislation to streamline the state regulatory permit process through the use of
general permits
COUNTY PRIORITIES
• Reaching agreement with the. City of San Luis Obispo on solutions for Salinas Reservoir
expansion and Nacimiento pipeline projects
120
City of Atascadero Exhibit A
Draft Resolution
Page 7
• Developing consistency between the City and County General Plans, particularly to
emphasize the concepts that (1) urban development should be municipal, and (2)
unincorporated areas shall remain rural, agricultural, or open space in character
• Creating a North County Government Center in Atascadero
• Improving regional solid waste management
• Developing cooperative approaches for providing services on a regional basis
• Discussing and resolving issues on the City periphery, such as conversion of agricultural
zoning to residential subdivision and industrial use, allowing increases in density in
residential and industrial areas, allowing substantial development beyond the City's urban
reserve line and giving greater credence to and respecting the integrity of the City's planning .
process
• Continuing to work with other cities to convince the County that urban-like development
should take place within the boundaries of cities, and not in the unincorporated areas — and
especially not within the urban growth boundaries of cities
•
•
i26
ITEM NUMBER: C-6
■! ®'6 �'® jj DATE: 01/23/2001
1918 ® 1 9
Atascadero City Council
Staff Report—Police Department
Live Scan Fingerprint System
RECOMMENDATION:
Council authorize the implementation of the Live Scan fingerprint system.
REPORT-IN-BRIEF:
The City has an opportunity to acquire a two-year-old Live Scan fingerprinting system,
originally valued at $51,000.00, at no cost to the City for the equipment. There is an ongoing
maintenance cost of $6,263.25 in the first year. This system will be used to electronically
fingerprint applicants, arrestees, and registrants and immediately transmit those fingerprints to
the California Department of Justice (DOJ) through an existing data connection. The Paso
Robles Police Department recently acquired a new Live Scan system through a San Luis Obispo
County Juvenile Justice grant. Their acquisition enables them to transfer their old system to
Atascadero Police Department at no cost. Live Scan will benefit the City by utilizing technology
to identify possible offenders and fingerprint applicants for a wide variety of occupations as well
as volunteer activities in the community.
Agencies that have implemented Live Scan have experienced significant increases in the demand
for fingerprint services. Revenue generated from applicant printing fees is anticipated to
significantly offset annual maintenance agreement costs.
DISCUSSION:
Background: Live Scan is a computerized fingerprint process that is linked directly to the DOJ
data files. This system eliminates the need to use the traditional "ink rolled" fingerprints. The
only cost to the City associated with the Live Scan system is an annual fee for maintenance.
Currently, Paso Robles Police, SLO County Sheriff, Atascadero State Hospital and the County
Superintendent of schools are the only agencies in this county using the Live Scan system. The
Live Scan coordinator from the DOJ has announced the agency is proposing a requirement that
all agencies submit applicant fingerprints via the Live Scan system. This mandate is expected to
occur within the next few years.
a 0
1�,
ITEM NUMBER: C-6
DATE: 01/23/2001
The Paso Robles Police Department purchased a Live Scan system with grant funds in Feb.
1999. They have received a second system through a Juvenile Justice grant written by the
County of San Luis Obispo. Acquisition of the second system enables Paso Robles Police to
transfer the old system to Atascadero Police without outlay of general fund or grant monies for
equipment purchase.
Summary: The Atascadero Police Department currently completes approximately 600 applicant
fingerprint cards annually, generating revenue for the City in the amount of$5782 during fiscal
year 1999/2000. The rate of$10.00 per applicant fingerprinted is the maximum allowable fee to
be collected per California Penal Code Section I3300(e). Based on the experience with Live
Scan in Paso Robles and Lompoc, it is anticipated that the City will realize an increase in
applicant fingerprinting that will cover at least 50% or more of the annual maintenance
agreement cost. Paso Robles Police and Lompoc Police experienced increases of 100% and
300%respectively in the number of applicant fingerprinting after implementing Live Scan.
Currently, the Atascadero Police Department has scheduled fingerprinting service three
afternoons per week. Fingerprinting hours will be adjusted as necessary to accommodate
increased requests. Live Scan applicant printing will be conducted by trained RSVP volunteers
at no additional staffing costs. Police Officers will be trained to use the system for arrests and
registrants.
Analysis: Implementation of the Live Scan system at this time will enable the city to take
advantage of a unique opportunity to acquire useful equipment and six months of maintenance
coverage at no initial cost. Live Scan will provide a necessary public safety service while
generating revenue to help offset annual maintenance costs.
Conclusion: The Live Scan fingerprint system will benefit the City and the Police Department
by:
• Providing a service that is convenient to the public for applicant fingerprinting.
• Insuring accuracy of the identity of persons fingerprinted.
• Providing timely responses to inquiries.
• Significantly reducing the potential for errors inherent with manually rolling multiple cards.
• Providing immediate feedback from the Department of Justice regarding legibility of prints.
• Acquisition of$51,000 worth of special equipment without impacting the general fund.
• Generation of revenue to offset some of the cost of a maintenance agreement.
FISCAL IMPACT:
The initial acquisition of equipment and first six months of maintenance fees are waived.
Revenue generated by the increase in applicant fingerprinting is anticipated to offset 50% or
more of annual maintenance costs.
Annual maintenance provided by Identix, Inc. will cost $6263.25 beginning fiscal year
2001/2002 and will increase at the rate of 5%per year.
1 �8
ITEM NUMBER: C-6
DATE: 01/23/2001
The County of San Luis Obispo has agreed to pay the maintenance fees for the remainder of
• fiscal year 2000/2001, resulting in savings of$3100.
ALTERNATIVES:
Continue to fingerprint applicants, arrestees, and registrants with the ink rolled system currently
in place.
ATTACHMENTS: None
•
129
ITEM NUMBER: C-7
DATE: 01/23/2001
M■ all IN
i
1918_� ® 1879
Atascadero City Council
City Manager's Office
Information Bulletin
A. Employee Update
Daniel Fonzi II Reserve Firefighter Resigned 12/29/2000
Carrie Moreno P/T Recreation Leader Hired 1/2/2001
Justine Madrid P/T Recreation Leader Hired 1/2/2001
Erika DeLeon P/T Recreation Leader Hired 1/2/2001
Caitlyn Madrid P/T Recreation Leader Hired 1/2/2001
Robert DeLeon P/T Recreation Leader Hired 1/2/2001
Jenna Norton P/T Recreation Leader Hired 1/2/2001
Luke Hill P/T Recreation Leader Hired 1/2/2001
130
ITEM NUMBER: D- 1
DATE: 01/23/2001
iris e e 1978
Atascadero City Council
City Attorney Report
Regulation of Telecommunications Systems
Proposed Ordinance
RECOMMENDATION:
Council introduce, on first reading by title only, an ordinance of the City Council of the City of
Atascadero relating to the regulation of telecommunications systems which utilize public streets,
rights-of-way, or other public property.
DISCUSSION:
Under State and federal law the City of Atascadero has the authority to franchise and regulate a
variety of facilities and services. Cities have the authority to franchise cable television systems
and open video systems. Federal law also preserves any independent authority a local agency
may have to manage access to the public right-of-way by telecommunications companies
including requiring the payment of compensation, subject to certain limits. This area of law is in
a state of flux. In the modern world telecommunication is increasingly becoming bits and bytes
flowing over wired and wireless networks. The old distinctions between cable operators,
telephone corporations, telecommunications carriers and information services providers is
becoming outdated. A recent FCC paper stated that "it increasingly likely that the regulatory
categories painstakingly established over many years to further particular policy goals, must
necessarily collapse of their own weight in the digital communications world of tomorrow."
Given this state of flux, and uncertainty, one of the alternatives for a city is to simply ignore the
issue until federal law works out some of the obvious problems.
However, it is becoming increasingly evident in California that telecommunications companies
are having a great effect on the public rights-of-way. In the absence of a telecommunications
regulatory system, it is possible for a telecommunications company to come into Atascadero,
cause severe damage to our roadways and/or other public facilities, and to do so without payment
of compensation to the City of Atascadero. In the absence of such an ordinance there would be
no legal impediment to them doing so. There is no specific threat of such activity from a
telecommunications company in Atascadero at this time. However, staff feels that it is
imperative to deal with this issue before, rather than after; such a threat is posed. There are many
communities in San Luis Obispo County, not just throughout the state, that have had
- i3i
ITEM NUMBER: D-1
DATE: 01/23/2001
telecommunications companies use public rights-of-way to lay cable. The purpose of the
proposed ordinance is to, as much as legally possible, preserve the rights of the City of
Atascadero to regulate telecommunications companies. The regulations serve to use an
encroachment permit process to minimize actual damage to roadways, and preserve the ability of
the City to charge appropriate franchise fees for those types of entities that must pay a franchise
fee for the use of the public roads.
Background: Municipal regulation of telecommunications companies is governed by both state
and federal law. Pursuant to state law, the leading authority governing this issue is found in
California Public Utilities Code section 7901. Section 7901 gives "telephone corporations" the
right to install "telephone lines" within the public right-of-way. The code section preserves the
authority of local agencies to regulate the time,place and manner of such installations. This code
section was enacted in 1905. It was obviously enacted at a time during which nobody in the
legislature contemplated the current methods of telecommunications. Under section 7901
although the City may regulate the time, place and manner of placement of telephone lines, the
City may not charge a franchise fee for telephone lines.
The federal law system is found in the.Telecommunications Act of 1996. Under that act "no
state or local statute or regulation, or other state or local legal requirement, may prohibit or have
the effect of prohibiting the ability of any entity to provide any interstate or intrastate
telecommunications service." [47 USC §253 (a)] The Act also provides that nothing in the Act
affects the authority of the state or local government to manage public rights-of-way or to require
fair and reasonable compensation from telecommunications providers on a competitively neutral
and non-discriminatory basis for use of public rights-of-way on a non-discriminatory basis.
The City of Atascadero, therefore, has police power authority to franchise activities using public
rights-of-way, including many telecommunications lines, except to the extent limited by state
law. In this context, local agencies have the authority to franchise the installation of
telecommunications lines by entities other than telephone corporations. Federal and state law
make regulatory distinctions between "cable operators," "telephone corporations,"
"telecommunications carriers," and "information service providers." The authority of the City of
Atascadero varies depending upon which category a particular telecommunications company
falls within. In spite of the obvious and discussed problems with the legal distinctions between
the above entities, which are factually difficult to distinguish between other entities, at least for
the present the City must try its best to make sense of the laws and to deal with the situation
before we are outpaced by the technological development. A local agency generally cannot
require a telephone corporation to obtain a franchise or pay compensation solely for the
installation of telephone lines within a public right-of-way. The local agency can require such a
corporation to obtain a franchise or pay compensation if the corporation proposes facilities
within the public right-of-way which "incommode the public use;" the corporation proposes to
install facilities on public property other than streets or navigable waterways; the corporation is
not acting as a telephone corporation; the corporation is installing facilities which are not
telephone lines; or the corporation is using telephone lines in part for purposes outside the scope
of telephone services. The limits of section 7901 applies only to telephone corporations that are
actually providing telephone services.
14.
ITEM NUMBER: D- 1-
DATE: 01/23/2001
• There is no legal definition of "telephone." The dictionary defines it as "an instrument for
reproducing sounds at a distance; specifically: one in which sound is converted into electrical
impulses for transmission by wire." The common understanding of the term telephone is limited
to the transmission of sound or voice. Today the majority of traffic over telecommunications
lines consist of data and video. Leading authorities believe that data and video transmissions do
not fall within the common understanding of the term telephone, and as such the City is free to
regulate those by franchise fee.
Telephone corporations typically argue that they are entitled to install facilities in the public
rights-of-way for any telecommunications purposes whatsoever without obtaining a local
franchise, with the possible exception of cable television. They make this argument based upon
a case from 1955 (Pacific Telephone and Telegraph Co. v. City of Los Angeles 44 Cal 2d 272.)
The proposed ordinance here, interprets the Pacific Telephone and Telegraph Co. v. City of Los
Angeles case in favor of the City and purports to exercise the authority of the City to regulate
such lines to the extent that those lines are used for other than the transmission of sound. The
State Supreme Court has definitely ruled that not all telecommunications are included in the term
telephone. In order to be considered telephone service, video and data communications must be
incidental to telephone transmissions and must be in connection with or to facilitate
communication by telephone.
The ordinance is intended to address the situation where a corporation proposes to install in a
• public street a bundle of fibers. Some of the fibers will be used to provide local telephone
service, some will be used to provide data services and some of which will be leased to private
companies on what is called a "dark fiber" basis. Dark fiber means that the company itself is
providing no services to the private company, but is just allowing use of the fiber. The term dark
fiber does not make reference to the color. Telephone corporations will argue .that the City
cannot require a franchise. The City will argue that it can require a franchise. Section 7901 only
applies to telephone lines. Current case law states that section 7901 must be construed narrowly.
While "telephone" isn't defined by statute, the general understanding of that term, particularly in
1905 when the term was added to section 7901 is that it is a term regarding voice or sound
communication. Although staff cannot guarantee the legal outcome of a battle over whether or
not the City can charge a franchise fee under these circumstances, it seems imprudent to assume
that municipalities will lose this legal argument and refrain from placing the mechanism in place
to collect such fees if and when we can.
Both federal and state law do allow regulation for time, place and manner. California
Constitution, Article 11 §9 provides that persons or corporations may establish and operate
works for supplying communication services upon conditions and under regulations that the City
may prescribe under its organic law. This section has been held to allow agencies to control the
particular location of and manner in which telephone lines are constructed in the streets. The
purpose of doing so is to minimize the damage and impacts to the City of Atascadero and its
citizens of any such activity. In the absence of an ordinance such as the one proposed telephone
corporations will successfully argue that as long as their facilities do not incommode the public
use of the street they are entitled to install such facilities free of any local time, place and manner
regulations. Staff feels that this argument is contrary to law, and that an ordinance such as the
one proposed may be legally enforced.
i33
ITEM NUMBER: D- 1
DATE: 01/23/2001
•
The City has broad authority over the placement of facilities. We can regulate and control the
route, which streets, precise location of the line within a particular street, whether a line must be
placed under ground, placement of lines in joint trenches, and the location of what are referred to
as pedestals (amplifiers, cabinets and node boxes). The City probably does not have authority
over construction standards for the lines themselves. The City of Atascadero may charge fees for
inspections and other regulatory fees, but a permit fee for installation of telecommunications
facilities cannot exceed the reasonable cost of providing the service and cannot be levied for
general revenue purposes. If facilities conflict with a change in a street the telephone company
must relocate the facilities at its own expense even if the facilities were installed prior to the
street.
The ordinance as proposed is modeled after one adopted by the County of San Luis Obispo, the
City of San Luis Obispo, other entities in the County, and in fact many other entities throughout
the state.. The ordinance aggressively asserts the City's power to regulate and to franchise to the
fullest extent permissible in the current legal climate. This issue is somewhat like regulating
adult businesses. It involves the First Amendment, and it involves a changing legal climate.
Staff is not suggesting that the ordinance as written now will be a panacea for all future
problems. This is an issue that staff will continue to monitor, and bring suggested modifications
back when required. However, staff does recommend putting a regulatory system in place now,
rather than attempting to do so after the company starts cutting on our roads.
•
FISCAL IMPACT:
No negative fiscal impact. The fiscal impact is impossible to quantify at this-point. Any
franchise fees will be a positive impact, and the ability to regulate will be neutral impact in that
the regulation will simply pay for itself. The benefit to the City of the regulation is to decrease
the amount of damages to the City's roads and decrease the impacts upon its citizens.
ALTERNATIVES:
There is no legal requirement that the City adopt such an ordinance. In the absence of an
ordinance, the telecommunications company will be free to do as they will. For this reason, staff
does not recommend this alternative.
ATTACHMENTS: Proposed ordinance.
- 34
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO RELATING TO THE REGULATION OF
TELECOMMUNICATIONS SYSTEMS WHICH UTILIZE PUBLIC
STREETS, RIGHTS-OF-WAY OR OTHER PUBLIC PROPERTY
The City Council of the City of Atascadero ordains as follows:
SECTION 1:
1.10.010 Title.
This ordinance, sometimes referred to herein as the "Ordinance", may be known and cited as
the Telecommunications Regulatory Ordinance for the City of Atascadero.
1.10.020 Construction.
This chapter shall be construed in accordance with the applicable federal and state laws
governing Telecommunications Carriers, Telecommunications Services, Telecommunications
Systems, and Telecommunications Facilities.
1.10.030 Scone.
This chapter shall apply within the geographical limits of the City.
1.10.040 Severability.
If any word,phrase, sentence,part, section, subsection, or other portion of this Ordinance, or
any application thereof to any person or circumstance is declared void, unconstitutional, or invalid
for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the
proscribed application thereof, shall be severable, and the remaining provisions of this Ordinance,
and all applications thereof,not having been declared void, unconstitutional or invalid, shall remain
• in full force and effect.
:i3�
1.10.050 Definitions.
For purposes of this Ordinance, and where not otherwise inconsistent with the context of a
particular section,the defined terms,phrases, words, abbreviations, and their derivations shall have
the meaning given in this section. Where not defined herein, terms shall be as defined in the Act.
When not inconsistent with the context, words in the present tense include the future tense, words
used in the plural number include words in the singular number, and words in the singular number
include the plural number. The word "shall" is mandatory and not merely directory.
"Act" means the Telecommunications Act of 1996, as amended from time to time.
"Affiliated Person" or "Affiliates," means each Person who falls into one or more of the
following categories: (i) each Person having, directly or indirectly, a Controlling Interest in a
Telecommunications Carrier; (ii) each Person in which Telecommunications Carrier has, directly
or indirectly, a Controlling Interest; (iii) each officer,director, general partner, limited partner holding •
an interest of five percent (5%) or more, joint venturer, or joint venture partner in a
Telecommunications System in the City;and (iv) each Person, directly or indirectly, controlling,
controlled by, or under common Control with a Telecommunications Carrier; provided that
"Affiliated Person" excludes the City, any limited partner holding an interest of less than five percent
(5%) in a Telecommunications Carrier, or any creditor of a Telecommunications Carrier, solely by
virtue of its status as a creditor, and which is not otherwise an Affiliated Person by reason of owning
a Controlling Interest in,being owned by, or being under common ownership, common management,
or common Control with a Telecommunications Carrier.
"Applicant" means a Person submitting an Application or Proposal to the City for a License
or Franchise to provide Telecommunications Services or operate a Telecommunications System
under the terms and conditions set forth in this Ordinance and any required State or federal •
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regulations.
"Application" or "Proposal" are synonymous for the purposes of this Ordinance. An
"application" or "proposal" means the process by which the Applicant submits a request for an initial
authorization, not inclusive of a renewal proposal, and indicates a desire to be granted a
telecommunications license or franchise (where required) for all, or a part, of the City. An
application or proposal includes all written documentation, and verbal statements and representations,
in whatever form or forum made by an Applicant to the City concerning the construction, rendering
of services, maintenance, or any other matter pertaining to the proposed Telecommunications System.
"Assig_nment" or "Transfer" means any assignment, transfer, sale or other transaction of a
franchised or licensed Telecommunications System, or its corporate or partnership parent, which has
the effect of changing the operational, managerial, or financial Control of the Telecommunications
System or the Telecommunications Carrier.
"City Council" means the City Council of the City.
"Cable operator" means any Person or group of Persons who:
1. Provides Cable Service over a Cable System and directly or through one or
more Affiliates owns a Controlling Interest in such Cable System; or
2. Otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System.
"Cable System" or "Cable Television System" means a facility consisting of a set of closed
transmission paths and associated signal generation,reception and control equipment that is designed
to provide Cable Service as defined in the Cable Act and which is provided to multiple subscribers
within the City. However, such terms do not include the following:
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1. A facility that serves only to retransmit the television signals of one or more
broadcast stations; or
2. A facility that serves subscribers without using any public right-of-way; or
3. A facility of a common carrier which is subject, in whole, or in part, to the
provisions of Title II of the Communications Act of 1934, except that such facility shall be
considered a Cable System (other than for purposes of Section 621(c) of the Cable Act, codified at
47 USC 541) to the extent such facility is used in the transmission of video, voice, or data
programming or services directly to subscribers; or
4. Any facilities of any electric utility used solely for operating its electric utility.
"CEQA" shall mean the California Environmental Quality Act, Section 21000 et sed. of the
Public Resources Code of the State of California.
"Consultant" shall mean the entity hired by the Telecommunications Carrier under the
supervision of the City to inspect construction and to locate utilities.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership, management, debt
instruments, or negative control, as the case may be, of the Telecommunications System, the
Telecommunications Carrier. A rebuttable presumption of the existence of Control or a Controlling
Interest shall arise from the beneficial ownership, directly or indirectly, by any Person or group of
Persons acting in concert (other than underwriters during the period in which they are offering
securities to the public) of twenty percent (20%) or more of any Person (which Person or group of
Persons is referred to as "Controlling Person"), or being a party to a management contract.
"City" means the City of Atascadero, California.
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138
"Easement" means and shall include any public easement or other compatible use created by
• dedication or by other means,to the City for public utility purposes or any other purpose whatsoever.
"Excess Capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional Telecommunications Facilities.
"FCC" or "Commission" means the Federal Communications Commission and/or such other
federal regulatory agency as now or in the future may have jurisdiction to oversee
Telecommunications Carriers.
"Fiber Cable" or "Fiber Optic Cable" means very thin and pliable cylinders, or strands of
glass or plastic, or any future functional equivalent, used to carry wide bands of multiple frequencies.
"Franchise" means an authorization or subsequent renewal granted by the City in order for
• a Person to construct, operate, and/or maintain a Telecommunications System which provides
Telecommunications Services in all or part of the City.
"Franchise Agreement" means the separate contract by which the City grants a
Telecommunications Carrier the right to operate a Telecommunications System within all, or a part,
of the City.
"Franchise Expiration" or "Franchise Agreement Expiration" means the date of expiration or
the end of the term of a Franchise Agreement.
"Franchise Fee" means a fee or charge that the City requires as payment for the privilege of
using the Streets, Public Rights-of-Ways, and Easements of the City in order to construct, maintain
and operate a Telecommunications System or to provide Telecommunications Services to residents
of the City.
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"Franchised Telecommunications Carrier" means a Person that is awarded a Franchise by the
City to construct oroperate a Telecommunications System within all or part of the City. •
"Franchising Authority" means the City Council.
"Functional Equivalent" or"Functionally Equivalent" with respect to a specifically named or
referenced piece of Telecommunications Equipment means another piece of Telecommunications
Equipment that has either:
1. The same or substantially similar characteristics qualities, operational
capabilities, design functions as the original, specifically named or referenced piece of
Telecommunications Equipment; or
2. Operates in substantially the same form and fashion as the original specifically
named or referenced piece of Telecommunications Equipment; or
3. Operates in a technologically superior manner to the original,-specifically •
named or referenced piece of Telecommunications Equipment.
"Grantee" means a person who has been granted a Licensee or Franchise pursuant to this
Section.
"License" means an authorization to construct a Telecommunications System in the City
which does not provide Telecommunications Services to residents of the City.
"License Fee" means an annual fee or charge that the City requires as payment for the
privilege of using Streets, Public Rights-of-Way, and Easements to constrict, maintain and operate
a Telecommunications System which does not provide Telecommunications Services to residents of
the City.
"Nodes" shall mean the cabinet and equipment, including power supply, fans, gas generators,
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batteries and optical to electrical converters, located in the neighborhoods, which serve homes,
• businesses and institutions and which is thep oint where fiber facilities and coaxial facilities are
connected.
"Ordinance" means this regulatory ordinance for the City.
"Other Ways" means the highways, streets, alleys, utility easements or other rights-of-way
within the City, but under the jurisdiction and control of a governmental entity other than the City.
"Overhead Facilities" means utility poles, utility facilities and telecommunications facilities
located above the surface of the ground, including the underground supports and foundations for such
facilities.
"Pedestal" shall mean an above-ground enclosure which houses active and/or passive
equipment relating to the Telecommunications System.
• "Person" means any individual, corporation, estate, trust, partnership, association of two or
more Persons having a joint common interest, or joint stock company.
"Power Supply" shall mean an electronic or gas driven device designed to provide electrical
power to all or a portion of the Telecommunications System.
"Private Communications Network," or "PCN" or "Private Communications System" means
any ancillary or aligned component of a Telecommunications System consisting of communications
lines, cables, equipment or facilities which are used to provide telecommunications service that in
any manner uses or occupies the streets, easements, public ways, or rights-of-way within the City (as
annexed). However, "private communications network" does not include any part of a State or FCC
licensed local exchange telephone company or any part of a federal, state, county or local government
owned Telecommunications System.
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"Proposed Abandonment of Telecommunications Service" or "Proposed Withdrawal of
•
Telecommunications Service" or "Proposed Cessation of Telecommunications Service means the
actual or imminent, or expected,(either voluntary or involuntary) disruption, discontinuance, desertion
or removal of a Telecommunications Carrier's operation and provision of Telecommunications
Service from all, or part, of the City for a projected period exceeding four months in duration.
"Public Property" means and includes all real property owned, operated or controlled by the
City, other than Streets, Public Rights-of-Way, sidewalks and Easements, and all property held in a
proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as
provided in this Ordinance.
"Public Right-of-Way" means any public street, public way, public place or rights-of-way,
now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and
additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by •
City.
"Pull Box" shall mean a flush mounted or above-ground housing which encloses one or more
conduit openings.
"PUC" means the California Public Utilities Commission.
"Revocation," "Termination" or "Nonrenewal" means an official act by the Franchising
Authority that removes, repeals or rescinds previously approved authorization for a licensed or
Franchised Telecommunications Carrier to operate a Telecommunication System within the City.
"State" means the State of California.
"Street" means the surface of, and the space above and below a public street(or any path or
thoroughfare designated for vehicular and/or pedestrian traffic), or other easement now or hereafter
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held by the City (including any street, as defined, which is acquired by eminent domain) for the
•
purpose u of public travel.
p �
"Subscriber" means a Person lawfully receiving or using a Telecommunications Service
delivered by a Telecommunications Carrier over a Telecommunications System.
"Surplus Space" or"Surplus Capacity" means that portion of the usable space on a utility pole
or other Telecommunications Facilities which has the necessary clearance from other users, as
required by the orders and regulations of the California Public Utilities Commission (PUC)to allow
its use by a Telecommunications Carrier.
"Tap" means an electronic pathway, by way of wire, coaxial, fiber, or otherwise between that
portion of the Telecommunications System located in the public rights-of-way and the subscriber's
residential, commercial, or industrial structure.
"Telecommunications" means the transmission, between or among points specified by the
user, of information of the user's choosing, without change in the form or content of the information
as sent and received.
"Telecommunications Carrier" means (i) any owner, by way of fee ownership, lease,
management agreement, of any Telecommunications System or Telecommunications Facilities, or
(ii) the direct or indirect provider of Telecommunication Services whether the Telecommunication
Service is offered by the owner of the Telecommunications System, an affiliate, or a related entity,
by way of ownership, lease, control, or operation of a Telecommunications System. A Person shall
be deemed a Telecommunications Carrier, even if it does not directly provide Telecommunications
Services, if it rents or leases a Telecommunications System and/or Telecommunications Facilities to
another Person which provides Telecommunications Services.
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"Telecommunications Equipment" means equipment, other than customer premises
equipment, used by a carrier to provide Telecommunications Services, and includes software integral
to such equipment(including upgrades) which are not located, in whole or in part, in, above, or below
Streets, Public Rights-of-Way or other public property.
"Telecommunications Facilities" shall mean any equipment located, in whole or in part, in,
above, or below Streets, Public Rights-of-Way, or other public property used by the
Telecommunications Carrier in its Telecommunications System including without limitation,
conduits, cables, cabinets,Nodes, structures, headend equipment, receive only earthstations, down
link equipment and antennas, electronics, fiber cable, coaxial cable, drops and switching equipment
whether part of a stand-alone system or in conjunction with or as part of a Cable System.
"Telecommunications Service" means the offering of Telecommunications for a fee directly
to the public, or to such classes of users as to be effectively available directly to the public,regardless
of the facilities used.
"Telecommunications System" means an operating system which is located, in whole or in
part, on, in, above, or below Streets, Public Rights-of-Way, or other public property which is
designed and utilized, in whole or in part, to provide Telecommunications Services. A
Telecommunications System may be built in conjunction with, or be part of, a Cable System.
"Telephone Company" means every person within the scope of Public Utilities Code Section
7901 who has constructed or may construct telegraph or telephone lines.
"Underground Facilities" means utility and Telecommunications Facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead facilities.
"Usable Space" means the total distance between the top of a utility pole and the lowest
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possible attachment point that provides the minimum allowable vertical clearance as specified in the
•
orders and regulations of the PUC.
g
"USC" means the United States Code.
"Utility Easement" means any easement owned by the City or acquired, established, dedicated
or devoted for public utility purposes not inconsistent with Telecommunications Facilities.
"Utility Facilities" means the plant, equipment and property, including but not limited to the
poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the public ways and used or to be used for the purpose of providing
utility or Telecommunications Services.
1.10.060 Administration--Declaration of Powers and Authority.
A. The City Manager is designated the officer of the City that is responsible for the
• continuing administration of this Ordinance and matters related to Telecommunications Service.
B. Unless prohibited by federal, State or local law, the City Manager may further
delegate his/her powers and authority to a duly authorized representative with respect to administering
this Ordinance or an applicable Franchise or License.
1.10.070 Applicability of this Ordinance to a Telecommunications Carrier.
A. The provisions of Section 1.10.340 of this Ordinance shall apply to all
Telecommunications Carriers, that use public rights-of-way and property and, with respect to all other
provisions contained within this Ordinance, those provisions shall be applicable to a
Telecommunications Carrier unless such Telecommunications Carrier, and all of its activities, are
hereunder exempted from this Ordinance.
B. Subsection A of this section is not intended to repeal, and does not have the effect of
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repealing, any current Franchise Agreement that presently exists.
1.10.080 Exemption from Certain Provisions of this Ordinance for Certain
Telecommunications Carriers.
A. Telecommunications Carriers and users who are exempted from complying with the
provisions of Sections 1.10.350-390 of this Ordinance ("Exempt Carriers") are as follows:
1. A Telecommunications Carrier that is exempted from Sections 1.10.350-390
of this Ordinance as a result of federal or State law;
2. A Telecommunications Carrier that is exempted from Sections 1.10.350-390
of this Ordinance as a result of an applicable FCC or PUC ruling; or
3. A Telecommunications Carrier that is exempted from this Ordinance as a
result of an applicable final judicial ruling from which no subsequent appeal can be taken.
4. A Telecommunications Carrier which is also a Cable Operator and/or owns or
controls all or part of a Cable System which is utilized in, or is part of, the Telecommunications
System if, and only if, the Telecommunications Carrier, directly or through an Affiliate, pays a
Franchise Fee to the City on all revenues generated to the Telecommunications Carrier from its Cable
Service and non-cable service activities and operations relating to the Cable System, including, but
not limited to, lease or Rental Fees paid to the Cable Operator, or any related entity, by any Person
for use of the Cable System, or a portion thereof, or Telecommunications Facilities which are
common to the Cable System and a Telecommunications System. If Franchise Fees are not paid on
non-cable services pursuant to its cable franchise, a separate Franchise pursuant hereto is hereby
required.
B. It is expressly understood that Exempt Carriers remain exempted only as long as they
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a
meet one or more of the criteria of this particular section and only as to those activities which are
specifically exempt from one or more of the provisions of this Ordinance.
C. An Exempt Carrier is exempt only from Sections 1.10.350-390 of this Ordinance and
only as to those activities which are specifically exempt from one or more of the provisions of this
Ordinance. Consequently, such Exempt Carriers shall abide by, and comply with, any other
applicable local, state or federal laws and regulations, including any applicable federal, or state
consumer protection, or customer service laws and regulations.
D. A Telecommunications Carrier shall file a petition for exemption containing all
information reasonably required by the City. The burden of persuasion and proof shall be on the
requesting Telecommunications Carrier.
1.10.090 Telecommunications Carriers Seeking Relief from This Ordinance.
A. Any Telecommunications Carrier governed by this Ordinance may file a written
petition, at any time, with the City Council seeking relief from one or more provisions of this
Ordinance. A Telecommunications Carrier may specifically request the exemption from, or delay
in implementation of one or more provisions of this Ordinance. Also, the Telecommunications
Carrier may request that a specific provision of this Ordinance apply to such Telecommunications
Carrier for a specified length of time or duration. The burden of persuasion and proof shall be on the
requesting Telecommunications Carrier. The petition shall set forth the relief requested and the basis
thereof with such supporting information and material as may be applicable and as requested by the
City.
B. In order to receive any relief from one or more of the provisions of this Ordinance, a
Telecommunications Carrier must demonstrate and prove to the City Council reasonable satisfaction
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1�1 i
that at least one of the following facts exist:
i
1. That compliance with a particular provision and/or requirement would be
commercially impracticable; or
2. That the Telecommunications Carrier has its own construction, maintenance,
operation or customer service policies, which the City Council deems comparable to, or which
exceed,any provision and/or requirement from which the Telecommunications Carrier seeks relief,
or
3. That the health, safety and welfare interests of the City otherwise warrant the
granting of such relief.
C. As an alternative to seeking an exemption, or requesting relief, a Telecommunications
Carrier may petition for clarification concerning the precise intent and effect that one or more
provisions or sections of this Ordinance has on the petitioning Telecommunications Carrier. •
D. In those instances in which a Telecommunications Carrier submits a petition for relief
or clarification in accordance with this section,the petitioning Telecommunications Carrier shall pay
the actual and reasonable costs to the City for processing such a petition, including costs incurred by
outside consultants who are retained by the City to review a petition. At the time such a petition is
filed with the City, the City Manager shall.estimate the amount of said costs and the petitioning
Telecommunications Carrier shall deposit the amount of said estimate with the petition.
1.10.100 Failure of the City to Enforce this Ordinance.
A Telecommunications Carrier shall not" be excused from complying with any of the
requirements of this Ordinance, or any subsequently adopted amendments to this Ordinance, by any
failure of the City on any one or more occasions to seek, or insist upon, compliance with such
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requirements or provisions.
1.10.110 Telecommunications Carriers or Its re e
Assignees Sub'ect to P
g � Present and Future
Ordinances and/or Resolutions.
A. To the extent not inconsistent with applicable law, any Telecommunications Carrier,
its assignees, or transferees shall be subject to, and expected to comply with, all applicable ordinances
and/or resolutions now or hereafter adopted and in effect within the City, including this Ordinance,
to the extent that said Telecommunications Carrier has not received an exemption or relief from said
ordinance(s) and/or resolution(s).
B. Any Telecommunications Carrier, its assignee, or transferee shall be subject to all
federal and State laws and with all rules and regulations issued by all applicable regulatory agencies
now or hereafter in existence.
• C. To the extent not inconsistent with applicable law, any Telecommunications Carrier,
its assignee, or transferee shall be subject to all enactments which constitute lawful exercises of the
City's police power.
D. With respect to future ordinances and/or resolutions noted in this section, to the extent
not inconsistent with applicable law, nothing contained herein prevents a Telecommunications Carrier
from exercising any and all of its administrative, and legal rights in order to challenge the
constitutionality, applicability, and enforceability of said future ordinances and/or resolutions.
1.10.120 Resolution of Inconsistencies with Federal or State Rules, Regulations or Laws.
In any case of an actual inconsistency between any provision or section of this Ordinance and
any provision or section of a federal or State rule, regulation, or law, the federal or State rule,
regulation or law shall supersede the effect of this Ordinance unless such federal or State rule,
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regulation or law does not preempt, supersede, or make invalid the inconsistency.
1.10.130 Resolution of Conflicts Between this Ordinance and a Subse uent Franchise
Agreement or License.
Where there is a conflict between this Ordinance and a subsequently granted Franchise
Agreement or License, this Ordinance shall control and prevail, unless administratively or judicially
determined invalid, unenforceable, or unconstitutional.
1.10.140 Force Majeure.
Notwithstanding the other provisions of this Ordinance, a Telecommunications Carrier shall
not be held in violation or material breach,default, or noncompliance of this Ordinance or a Franchise
Agreement, nor suffer any enforcement or penalty relating thereto (including where applicable,
termination, cancellation or revocation of a Franchise or Franchise Agreement or License), where
such violation, breach, default or noncompliance occurred or was caused by the force of an •
earthquake, flood, tidal wave, hurricane, or similar act of nature, or other event that is beyond a
Telecommunications Carrier's ability to reasonably anticipate and control.
1.10.150 Notices.
A. Both the City and each Telecommunications Carrier shall provide the other with the
name and address of the contact designated to receive notices, filings,reports,records, documents and
other correspondence. All notices shall be delivered to each party's contact by certified mail, return
receipt requested, personal service with a signed receipt of delivery, overnight with receipt
verification, or facsimile. All other filings, reports, records, documents and other correspondence
may be delivered by any legally permissible means including, but not limited to, facsimile
transmission, personal service, overnight mail, or package delivery. The delivery of all notices,
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reports, records and other correspondence shall be deemed to have occurred at the time of receipt
• unless otherwise designated b State law.
g Y
B. If the Telecommunications Carrier is required to maintain a Franchise, then the
designation of such contact person for notice purposes may be contained within a Franchise
Agreement or License.
1.10.160 Indemnity.
A. Except as provided in or as supplemented by any Franchise Agreement or License, and
to the maximum extent permitted by applicable law, a Telecommunications Carrier shall at all times
defend, indemnify, protect, save harmless, and exempt the City,the City Council, its officers, agents,
servants, attorneys and employees, from any, and all, penalty, damage or charges arising out of
claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or
• expenses arising therefrom, either at law or in equity, which arise out of, or are caused by, the
construction, erection, location, performance, operation, maintenance, repair, installation,
replacement, removal or restoration of a Telecommunications System within the City based upon any
act or omission of a Telecommunications Carrier, its agents or employees, contractors,
subcontractors, independent contractors, or representatives. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are
included as those costs which shall be recovered by the City.
1.10.170 Liability Insurance.
A. Except as provided in or as supplemented by any Franchise Agreement or License, a
Telecommunications Carrier shall secure and maintain, public liability, property damage insurance,
and umbrella coverage in at least the following amounts:
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1. Public liability: One million dollars per person/per occurrence;
•
2. Property damage: One million dollars per any one claim;
3. Umbrella liability: Five million dollars.
B. The public and personal liability and property damage insurance policy shall
specifically include the City, the City Council, its employees, and agents as additional insureds.
C. The public and personal liability and property damage insurance policies shall be
issued by an agent or representative of an insurance company licensed to do business in the State and
which has one of the three highest or best ratings from the Alfred M. Best Company.
D. The public liability and property damage insurance policies shall contain an
endorsement obligating the insurance company to furnish the City with at least thirty (30) days
written notice in advance of the cancellation of the policy.
E. Renewal or replacement policies or certificates shall be delivered to the City at least •
fifteen (15) days before the expiration of the insurance which such policies are to renew or be
replaced.
F. Before a Telecommunications System provides Telecommunications Service to
subscribers,the Telecommunications Carrier shall deliver the policies or certificates representing the
insurance to the City as required herein.
1.10.175 Financial Security.
A. Security.
1. Prior to the Effective Date of the any Franchise, License, Permit or other
authorization, the Telecommunications Carrier shall deposit into a bank account established by the
City,which may be commingled with security deposits from other Telecommunications Carriers, and
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shall maintain on deposit through the term of any Franchise, License, Permit, or other authorization,
• a sums specified in an Franchise License, Permit, or other authorization as security for the faithful
p Y � Y
performance by Telecommunications Carrier of all of the provisions of any Franchise, License,
Permit or other authorization, and compliance with this Ordinance and with all orders, permits and
directions of the City, or any designated representative of the City having jurisdiction over
Telecommunications Carrier's acts or defaults under any Franchise, License, Permit or other
authorization of this Ordinance, and as security for the payment to the City of any claims, fees, liens,
or taxes due the City which arise by reason of the construction, operation or maintenance of the
System pursuant to any Franchise, License, Permit or other authorization, or this Ordinance, and to
satisfy any actual or liquidated damages arising out of a breach.
2. Except as otherwise provided in any Franchise, License, Permit, or other
authorization, if the Telecommunications Carrier fails, after twenty-(20) days written notice, to pay
to the City any fees that are due and unpaid, or fails to repay within such twenty (20) days, any
damages, costs or expenses which the City is compelled to pay by reason of any act or default of the
Telecommunications Carrier in connection with its Franchise, License, Permit, or other authorization;
or if Telecommunications Carrier fails to comply with any provision of any Franchise, License,
Permit, or other authorization or this Ordinance and the City determines that such failure was without
just cause and, in a manner consistent with the procedures specified in this Ordinance, City
reasonably determines it can be remedied by a withdrawal from the security fund or is nevertheless
subject to liquidated damages, then, in any such event, the City may immediately withdraw the
amount thereof from the security fund, with interest and any liquidated damages. Upon such
withdrawal, the City shall notify the Telecommunications Carrier of the amount and the date of
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withdrawal.
3. Within thirty (30) days after notice to Telecommunications Carrier that any
amount has been withdrawn by City from the security fund, the Telecommunications Carrier shall
deposit a sum of money sufficient to restore such security fund to the original amount.
4. Telecommunications Carrier shall be entitled to the return of the security fund,
or portion thereof, with interest, that remains on deposit at the expiration or termination of any
Franchise, License, Permit, or other authorization, once all amounts due to the City have been paid.
5. The rights reserved to the City with respect to the security fund are in addition
to all other rights of the City, and no action, proceeding or exercise of a right with respect to such
security fund shall affect any other right the City may have.
B. Faithful Performance Bond. Prior to issuance of any Franchise, License, Permit, or
other authorization, Telecommunications Carrier shall furnish proof of the posting of a faithful
performance bond in favor of the City, with corporate surety approved by the City in the sum
specified in any Franchise, License, Permit, or other authorization and conditioned that the
Telecommunications Carrier shall well and truly observe, fulfill, and perform each term and condition
of any Franchise, License, Permit, or other authorization; provided, however,that such bond shall not
be required after certification by City of the completion of construction. The corporate surety must
be authorized to issue such bonds in the State of California, and the bond must be obtained and
secured through an authorized agent in the City of Atascadero. During the course of construction,
the amount of the bond may from time to time be reduced, as provided in any Franchise, License,
Permit, or other authorization. Written evidence of payment of premiums shall be filed with the
City.
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1.10.180 Retention and Submission of Reports and Records.
•
A. A Telecommunications Carrier shall maintain and retain such records and reports
reasonably necessary for the City to determine compliance with the obligations imposed on it by this
Ordinance.
B. Upon request, a Telecommunications Carrier shall submit to the City a list of files,
reports, records, data or other information that the Telecommunications Carrier periodically,
customarily, and/or regularly files with the FCC, or another federal or State agency. For any other
filing that a Telecommunications Carrier files with another federal or state agency (and that has a
direct impact on the operation of the Telecommunications System), then the Telecommunications
Carrier shall notify the City of such filing within five (5) days of said filing. Said notice shall inform
the City of the nature and scope of the filing, as well as the recipient (name, address, department,
. division, and phone number) of the filing. For any matter related to the administration and
enforcement of a Franchise or License,the City may specifically request that it be provided with any,
or all listed reports, records, data, or other information that were filed with the FCC, the Securities
and Exchange Commission, or another federal or state agency.
C. A Telecommunication Carrier shall provide the following information and reports
periodically to the City as more specifically described herein:
1. A Telecommunication Carrier shall furnish the City with the names and
addresses of every Affiliated Person,third party, or Person other than the Applicant that has entered
into a customer agreement, telecommunications agreement, or any other agreement which authorizes,
directly or indirectly, any Affiliated Person,third party, or Person other than the Applicant to utilize,
by way of sale, lease, or otherwise,telecommunications equipment,telecommunications facility, or
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all or a portion of the Telecommunications System (the "Telecommunications Agreement") within •
the City upon the issuance of any License or Franchise.
2. Upon executing any new Telecommunications Agreement, or any other
agreement which allows an Affiliated Person,third party, or Person other than the Applicant to utilize
telecommunications equipment, telecommunications facility, or all or a portion of the
Telecommunications System within the City, for the provision of video services, cable television
services, or Telecommunications Services, the Telecommunication Carrier shall promptly furnish the
City with a copy of the executed agreement.
I Telecommunication Carrier shall include a provision substantially similar in
purpose and effect to the provision specified in subparagraph(4)below(the "Government Approval
Provision") in all future negotiated Telecommunications agreements. If the City determines that an
Affiliated Person, a third party, or a Person other than the Applicant has failed to comply with the
Governmental Approval Provision requiring prior approval from the City, the City will provide
written notice to the Telecommunication Carrier and to the affected party. If the affected party fails
to come into compliance or reach an agreement with the City within thirty (30) days from the date
when the Telecommunication Carrier receives written notice from the City of the dispute, then the
Telecommunication Carrier will notify the third party that it is in breach of its Telecommunications
Agreement and that it will implement reasonable steps consistent with said Telecommunications
Agreement to terminate the agreement or the portion of the agreement which provides for the
provision of services which required governmental approval for which said approval was not
obtained.
4. The Government Approval Provision shall read in substance as follows:
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". shall obtain all government Franchises, Licenses, permits, approvals or consents
necessary for it to provide service within the City of Atascadero ("Approvals") pursuant to
this Agreement. Failure to obtain such Approvals, or to maintain them as necessary during
the term of this Agreement, shall constitute a material breach of this Agreement."
5. Any information, agreements, or documents received by the City pursuant to
this paragraph shall be maintained as confidential to the extent allowed and consistent with applicable
law.
1.10.190 Inspection and Review of Books, Records and Other Data.
A. A Telecommunications Carrier shall keep complete and accurate books of accounts,
and records of the business and operations under, and in connection with, the Telecommunications
System.
B. The City shall have the right to review(either by mail or at the Telecommunications
Carrier's local office) all records needed for the administration and enforcement of this Ordinance
• and/or Franchise Agreement or License on seven(7) days written request. Such review shall occur
within the Telecommunications Carrier's regular office hours unless a different time is otherwise
mutually agreed upon or administratively or judicially ordered.
C. The City shall have the right to hire, at its own expense, an independent certified
public accountant, or other business or financial expert, to review the books and records of a
Telecommunications Carrier. If after a financial audit it is determined that the Telecommunications
Carrier has underpaid amounts owed to the City by an amount exceeding two percent (2%) of what
was actually paid, then the City may require the Telecommunications Carrier to reimburse the City
for the actual cost of the audit.
D. A false entry into the books and/or records of a Telecommunications Carrier, made
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by a Telecommunications Carrier, of a material fact shall constitute a material violation of this
Ordinance.
E. A Telecommunications Carrier shall provide to the City upon its request complete and
accurate books and records of the key aspects of the Telecommunications System's operation for at
least the preceding three(3)years in such a manner that all matters pertaining to the City can be easily
produced and/or verified at the request of the City. Also, the Telecommunications Carrier shall
provide upon request any other applicable records and information that may be required by any other
federal or state agency having jurisdiction over one or more classes of Telecommunications Carrier.
1.10.200 Conditions of Use of Streets and Public Rights-of-Ways.
A. All wires, conduits, cable (coaxial, fiber or functional equivalent), and other property
and facilities of a Telecommunications Carrier shall be so located, constructed, installed and •
maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and
travel upon the Streets, Public Right-of-Way, easements and public property of the City as well as
adjacent private property pursuant to a routing plan to be approved by the City Manager or his/her
designee.
B. In the event a Telecommunications Carrier's system creates a hazardous or unsafe
condition or an unreasonable interference with property, such Telecommunications Carrier shall
voluntarily, or upon the request of the City, remove or modify that part of the Telecommunications
System to eliminate such condition from the subject property.
C. A Telecommunications Carrier shall not place.equipment where it will interfere with
existing and future City uses of the Streets, Public Right-of-Way, or public property, with the rights
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of private property owners, with gas, electric, or telephone fixtures, with water hydrants or mains,
i
with wastewater stations,with any traffic control system, or any other service or facility that benefits
the City's or its residents' health, safety or welfare.
D. A Telecommunications Carrier, at its own expense, shall protect Streets and Public
Rights-of-Ways, easements, and support or temporarily disconnect or relocate at its sole cost in the
same Street or other Street or Public Right-of-Way, any property of such Telecommunications Carrier
when necessitated by reason of:
1. Traffic conditions;
2. Public safety;
3. Temporary or permanent street closing;
4. Street construction or resurfacing;
i5. A change or establishment of street grade;
6. Installation of sewers,drains, water pipes, storm drains, lift stations, force
mains, power or signal lines, and any traffic control system; or
7. Any improvement, construction or repair or any improvement related to the
City's or its residents health, safety or welfare.
E. It shall be the responsibility of a Telecommunications Carrier to locate and mark or
otherwise visibly indicate and alert others to the location of its underground cable before employees,
agents, of independent contractors of any entity perform work in the marked-off area. The
Telecommunications Carrier shall participate in and adhere to the practices of Underground Services
Alert("USA")and provide at least forty-eight(48) hours prior notice to USA prior to any excavation.
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1.10.210 Duty to Remove Telecommunications Facilities from Streets, Public Rights-of-
Way, Easements and Public Property.
A. Whenever the following occurs:
1. A Telecommunications Carrier ceases to operate all, or part of the
Telecommunications System for a continuous period of six (6) months;
2. A Telecommunications Carrier ceases and fails to complete construction of the
Telecommunications System outlined in the Franchise Agreement or License;
3. The City elects not to renew any Franchise or License pursuant to the
provisions set forth in this Ordinance; or
4. The Telecommunications Carrier's Franchise or License is revoked pursuant
to the provisions set forth in this Ordinance.
Unless the City or another Telecommunications Carrier uses such Telecommunications •
System in accordance with any temporary continuity of service provisions, the affected
Telecommunications Carrier shall at its expense promptly remove its Telecommunications System
from the Streets, Public Rights-of-Ways, and Public Property located within the City.
B. If not removed voluntarily by a Telecommunications Carrier, then the City may notify
such Telecommunications Carrier that should removal of the property not be accomplished within
two hundred seventy (270) days, or substantial progress towards removal not be made within two
hundred ten (210) days, the City may direct its officials or representatives to remove such
Telecommunications System property at that Telecommunications Carrier's expense. The Faithful
Performance Bond, Letter of Credit, or Security Fund required as set forth in this Ordinance shall be
available to pay for such work.
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C. If officials or representatives of the City remove a Telecommunications System, and
•
such Telecommunications Carrier does not claim the property within one hundred twenty (120) days
of its removal, then the City may take whatever steps are available under state law to declare the
property surplus, and sell it, with the proceeds of such sale (if permitted by State law) going to the
City.
D. When such Telecommunications Carrier removes its Telecommunications System
from the Streets, Public Rights-of-Ways and Public Property located within the City, the
Telecommunications Carrier shall at its own expense, and in a manner approved by the City, replace
and restore such public property to a condition comparable to that which existed before the work
causing the disturbance was done.
E. Removal of Deactivated Equipment. Telecommunications Carriers shall maintain the
deactivated Telecommunications Facilities at no cost to the City until removed by the
Telecommunications Carrier. The Telecommunications Carrier shall provide a written list to the City
of all deactivated Telecommunications Facilities located within the City at quarterly.intervals. The
Telecommunications Carrier shall remove or disable non-useful Telecommunications Facilities in
accordance with its normal practice. However, above-ground level Telecommunications Facilities
which are no longer used or useful shall be removed within the period specified by the City and may
not be left in the public right-of-way without the permission of the City. The Telecommunications
Carrier shall provide the City a list of the specific Telecommunications Facilities to be removed and
their locations. The Telecommunications Carrier shall remove all these Telecommunications
Facilities within ninety (90) days after an underground system is activated.
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1.10.220 Construction Standards.
•
A. Methods of construction, installation, maintenance and repair of any
Telecommunications System shall comply with the most current editions of the Zoning Codes,
Building Codes, Construction Codes, Plumbing Codes,National Electrical Safety Code the National
Electric Code and any applicable Federal or State Codes, regulations or requirements.
B. All construction, installation, maintenance and repair shall treat the aesthetics of the
property as a priority, shall not substantially affect the appearance or the integrity of the structure, and
shall not be installed on the bias across the property or side of a residence or other structure without
the property owner's permission.
C. All underground drops shall follow(to the greatest extent possible)property lines, and
cross property only at right angles unless otherwise permitted by the property owner, or required due
to the physical characteristics of the subsurface, or required under applicable law. The City may, .
either by way of a generally applicable resolution or through the imposition of routing conditions in
any Franchise Agreement or License or permit, determine the routing or placement of cable, conduit,
Nodes, pedestals, Power Supplies, vaults, and other equipment relating to the Telecommunications
System.
D. Construction Hours. All construction shall be accomplished between the hours
specified by the City in the approved permit or ordinances or as otherwise agreed to by the parties.
Construction shall not interfere with the services of the City or third parties.
E. Telecommunications Carrier shall install its System, and all portions thereof,
completely below ground in those areas where existing utilities are underground. In areas of
overhead utilities, or areas where utilities are located both above-ground and below-ground,
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Telecommunications Carrier shall place all above-ground active and passive equipment in low profile
waterproof pedestals whose design, size appearance and placement have been prior approved by the
City Engineer in writing. Above-ground installations shall only be allowed in situations where the
Applicant has demonstrated to the reasonable satisfaction of the City Engineer that no below-ground
placement is physically or economically possible.
F. Telecommunications Carrier shall provide the City a central 24 hours a day,
seven days a week, telephone contact number to receive complaints from City or its residents
regarding right-of-way installations. Telecommunications Carrier shall maintain such telephone
contact number so long as Telecommunications Carrier maintains any telecommunication equipment,
telecommunication facilities, or telecommunications system, or portion thereof, in, above, or under
Streets, Public Rights-of-Way, and Easements.
• 1.10.230 Permits and Licenses; Payment of Fees.
A. A Telecommunications Carrier shall obtain, at its own expense, all permits and
licenses required by local law, rule, regulation or ordinance, and maintain the same, in full force and
effect, for as long as required by the City.
B. As a condition of obtaining all necessary permits and licenses, the
Telecommunications Carrier shall pay all applicable permit fees ("Permit Fees") and, in addition, all
of the City's direct labor and supervisory costs, including customary and reasonable overhead (the
"Labor and Materials Payment"). The City Council may, from time to time by ordinance, establish
the amount of said permit fees. To the extent not inconsistent with applicable law, the permit fees
shall be sufficient to reimburse the City for its costs, including the costs of staff, independent
consultants, and related overhead, to review the proposed project, processing permits, plan check,
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inspecting the project including the costs of an outside inspector and, where applicable, the costs of
•
an outside soils engineer or compaction testing expert, and the costs of any required testing to ensure
that the construction adheres to standards of this Ordinance, any Franchise Agreement, any License,
any permit, and any other requirement of the City. The Labor and Materials Payment shall be
sufficient to reimburse the City for its costs, including the costs of staff,independent consultants, and
related overhead, direct labor and supervisory costs, including customary and reasonable overhead,
to monitor and manage the time, place and manner of the Telecommunications Carrier's entry,
occupation and abandonment of the Public Right-of-Way and shall be paid for the entire time that the
Telecommunications Carrier occupies the Public Right-of-Way. The Labor and Materials payments
shall be paid over the time that the Telecommunications Carrier occupies the Public Right-of-Way,
and the City shall specify the amounts and times of said payments in any encroachment or other
permit or license issued to the Telecommunications Carrier.
C. Both Telecommunications Carrier and City may hire contractors, at
Telecommunications Carrier's sole expense, to carry out any work under this Agreement.
Telecommunications Carrier shall make payment within ten (10) days of billing from the City.
Telecommunications Carrier shall be responsible for any damage caused by the construction
including, but not limited to, damage to the Public right-of-way, private property, streets, existing
utilities, curbs, gutters and sidewalks. Telecommunications Carrier shall pay the City any costs
incurred as a result of such damages including repairs made by the City except for costs incurred as
a result of the City's negligence or its employees' and agents' negligence. Telecommunications
Carrier shall complete restoration of or repairs to any damage caused by the construction within ten
(10) days from the date of written notice from the City.
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• D. In lieu of the inspection portion of the Labor Payment or permit fees described in
Subparagraph(B) above, at the City's sole option,the City may require Telecommunications Carrier
at Telecommunications Carrier's sole expense, to hire a consultant, who is acceptable to and under
the supervision of the City, ("Consultant"), to inspect the installation of the Telecommunications
Facilities on behalf of the City, or provide other services as mutually agreed to by the parties.
1.10.240 Reservation of Right to Inspect Construction, Documents Related to
Construction, and Tests Related to Performance,Technical Integrity and Quality
of Signal, Preventive Maintenance and Safety.
In order to verify that a Telecommunications Carrier has constructed and maintained the
Telecommunications System in the manner required by this Ordinance, and conducted the various
performance, technical integrity, preventive maintenance and safety tests required by federal state and
• local laws, the City reserves the right to inspect, at the expense of the Telecommunications Carrier,
all facets of a Telecommunications Carrier's construction, as well as to inspect documents related to
construction, and inspect test results related to performance, technical integrity, preventive
maintenance and safety.
1.10.250 Construction Default.
A. Upon the failure, refusal or neglect of the Telecommunications Carrier to cause any
construction, repair, or the terms of any building permit, or other necessary work to comply with the
terms of the Franchise Agreement or License,thereby creating an adverse impact upon public safety,
City may(but shall not be required to) cause such work to be completed in whole or in part, and upon
so doing shall submit to the Telecommunications Carrier an itemized statement of costs. The
Telecommunications Carrier shall be given reasonable advance notice of City's intent to exercise this
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power, and fifteen(15) days to cure the default. The Telecommunications Carrier shall, within thirty
• 30 days of billing, pay to City the actual costs incurred:
( ) Y g
B. Stop Work Notice. Whenever construction is being performed in a manner contrary
to the provisions of this Agreement,the City Manager, or an inspection official representing the City,
may order the work stopped by notice in writing served on any person engaged in, or causing the
construction. Any work stopped shall not resume until authorized in writing by the City Manager or
his or her designated representative.
1.10.260 Vacation or Abandonment.
In the event any street, alley, public highway, or portion thereof used by the
Telecommunications Carrier shall be vacated by the City, or the use thereof discontinued by the
Telecommunications Carrier, upon reasonable notice the Telecommunications Carrier shall forthwith
• remove its facilities therefrom unless specifically permitted to continue the same. On the removal
thereof, the Telecommunications Carrier shall restore, repair or reconstruct the area where such
removal has occurred, to such condition as may be required by the City, but not in excess of the
original condition. In the event of any failure, neglect or refusal of the Telecommunications Carrier,
after thirty (3 0) days' notice by the City, to do such work, City may cause it to be done, and the
Telecommunications Carrier shall, within thirty (30) days of billing, pay to City the actual costs
incurred.
1.10.270 Abandonment in Place.
City may, upon written application by the Telecommunications Carrier, approve the
abandonment of any property in place by the Telecommunications Carrier under such terms and
conditions as City may approve. Upon City approved abandonment of any property in place, the.
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Telecommunications Carrier shall cause to be executed, acknowledged, and delivered to City such
instruments as City shall prescribe and approve transferrin and conveying the ownership of such •
g Y g p
property to City.
1.10.280 Undergrounding of Cable.
Cables shall be installed underground at the Telecommunications Carrier's cost where
substantially all existing utilities are already underground or will be undergrounded pursuant to the
City's adopted undergrounding policy. Previously installed aerial cable shall be installed underground
at the Telecommunications Carrier's pro rata cost in concert with other utilities when and if those
other utilities convert from aerial to underground construction.
1.10.290 Facility Agreements.
No Franchise or License shall relieve the Telecommunications Carrier of any obligations
involved in obtaining pole or conduit space from any department of City, any utility company, or
•
from others maintaining utilities in City's streets.
1.10.300 Erection of Poles Prohibited.
The Telecommunications Carrier shall not erect any pole on or along any street or public way.
If additional poles in an existing aerial route are required, the Telecommunications Carrier shall
negotiate with the public utility for their installation. Any such installation shall require the advance
written approval of the City.
1.10.310 System Technical Data.
The Telecommunications Carrier shall provide City with a computer disk or other data storage
device requested by City, in a format approved by City, which details and documents all of the
Telecommunications Carrier's equipment and facilities and their geographic location in the City.
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Such computer disk or other device shall be updated annually and whenever there have been
•
significant changes in the location of the Telecommunications Carrier's Equipment and
g g
Telecommunications Facilities. In addition, the Telecommunications Carrier shall maintain in its
local office a complete and up-to-date set of as-built system maps and drawings upon completion of
construction or reconstruction, equipment specification and maintenance publications, and signal
level diagrams for each active piece of electronic equipment in the system. As-built drawings shall
show all lines and installed equipment, and tap valves and spigots. The scale of maps and drawings
shall be sufficient to show the required details in easily readable form and size. Technical data at the
local office shall also include approved pole applications, details and documentation of satellite and
microwave equipment,mobile radio units, heavy construction vehicles and equipment, and video and
audio equipment normally used in the operation of the system. If City requires use of technical data
• in its own offices, it may make copies of any items at City's expense.
1.10.320 Availability of Technical Data.
All technical data shall be available for City's inspection during normal business hours and
upon reasonable notice. In the event of System failure or other operating emergency, the technical
data will be made available at any time, so long as the provision of said data does not unreasonably
interfere with the Telecommunications Carrier's operations.
1.10.330 Use of Public Property.
From and after the effective date of this Ordinance, it shall be unlawful for any person to
construct, install, or maintain in any Street, Public Right-of-Way, public place within the
unincorporated area of the City, or within any other Public Property of City, or within any privately-
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owned area within City's jurisdiction which is not yet, but is designated as, a proposed public place
on a tentative subdivision map approved by an Equipment,Cit , Telecommunications Facilities •
Y Y , or
system for distributing signals or services through a Telecommunications System unless a Franchise
or License, or other Agreement acceptable to the City has first been obtained hereunder and is in full
force and effect.
1.10.340 Registration.
Except as otherwise provided herein and prior to any determination of exemption, all
Telecommunications Carriers engaged or who propose to engage in the business of transmitting,
supplying or furnishing of Telecommunications Service for a fee to customers in the City or who
own, operate, or use Telecommunication Facilities, Telecommunications Equipment, and/or a
Telecommunications System in Streets,Public Rights-of-Way or Public Property, shall register with
the City pursuant to this Section. •
A. Registration Forms: Registration forms to be provided by the City and completed by
the Telecommunications Carrier, shall include the following:
(1) The identity and legal status of the registrant, including any affiliates.
(2) The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
(3) A description of registrant's existing or proposed Telecommunications
Facilities within the City.
(4) A description of the Telecommunications Service that the registrant intends
to offer or provide, or is currently offering or providing, to persons,firms, businesses or institutions
within the City as well as a specific time table or schedule for the provision of each
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Telecommunications Service.
• 5 Information sufficient to determine whether the registrant is subject to
O g J
franchising or licensing under this Ordinance.
(6) Information sufficient to determine that the Applicant has applied for and
received any certificate of authority required by the PUC to provide Telecommunications Services
or Telecommunications Facilities within the City. The Telecommunications Carrier shall state which
of the Telecommunications Services, if any, offered or to be offered within the City are not covered
or authorized by said PUC certificate of authority.
(7) Information sufficient to determine that the Applicant has applied for and
received a construction permit, operating license or other approvals required by the FCC to provide
telecommunications Services or.Telecommunications Facilities within the City.
• (8) The identity and address of any and all persons or entities using any portion
of, or all, of the Telecommunications Carrier's Telecommunications Facilities within the City.
(9) Such other information as the City Manager may reasonably require. -
B. Registration Fee: Each Telecommunications Carrier registering in accordance with
this section shall pay the actual and reasonable costs to the City for processing such registration,
including costs incurred by outside consultants who are retained by the City to review a registration.
The City Manager shall estimate the amount of said costs and the registering Telecommunications
Carrier shall deposit the amount of said estimate with the registration.
C. The Telecommunications Carrier shall annually, on January 1 of each year, provide
the City with a written notice which shall disclose to the City any changes to the information provided
by the Telecommunications Carrier in the registration form completed by the Telecommunications
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Carrier and delivered to the City .
D. Purpose of Re istrationThe purpose of registration is to : •
(1) provide the City with accurate and current information concerning the
Telecommunications Carriers who offer or provide Telecommunications Services within the City,
or that own or operate a Telecommunications System within the City;
(2) assist the City in enforcement of this Ordinance;
(3) assist the City in the collection and enforcement of any municipal fees,
franchise fees, license fees or charges that may be due the City;
(4) assist the City in monitoring compliance with local, State and Federal
laws.
1.10.350 Telecommunications License.
Any Telecommunications Carrier who desires to construct, install, operate, maintain, or •
otherwise locate Telecommunications Facilities, Telecommunications Equipment, and/or a
Telecommunications System in, under, over or across any Street or Public Rights-of-Way of the City
for the purpose of providing Telecommunications Service to persons or areas outside the City shall
first obtain a license granting the use of such Street or Public Right-of-Way from the City pursuant
to this Ordinance. Any Telecommunications Carrier obtaining a Franchise is not subject to this
provision and shall be governed by its Franchise.
A. License Application: Any Person that desires a License pursuant to this Section
shall file an application with the City which shall include the following information and shall be
accompanied by an application fee, as established by Resolution of the City Council:
(1) The identity of the Applicant, including all affiliates of the Applicant.
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(2) A description of the Telecommunications Services that are or will be
offered or provided by licensee over its Telecommunications System.
(3) A description of the transmission medium that will be used by the licensee
to offer or provide such Telecommunications Services.
(4) Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
a. the location and route requested for Applicant's proposed
Telecommunications Facilities.
b. the location of all overhead and underground public utility,
telecommunication, cable,water, sewage drainage and other facilities in the Streets and Public Right-
of-Ways along proposed route.
• C. the locations, if any, for interconnection with the
Telecommunications System of other Telecommunications Carriers.
d. the specific trees, structures, improvements, facilities and
obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate.
(5) If the Applicant is proposing to install Overhead Facilities, evidence that
Surplus Space is available for locating its Telecommunications System on existing utility poles along
the proposed route and that the affected utility has consented to the installation.
(6) If Applicant is proposing an Underground Installation in existing ducts or
conduits within the Streets and Public Rights-of-Ways, information in sufficient detail to identify:
a. the excess capacity currently available in such ducts or conduits
before installation of Applicant's Telecommunications Facilities;
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t
b. the excess capacity, if any, that will exist in such ducts or conduits
after installation of Applicant's Telecommunications Facilities.
(7) If applicant is proposing an Underground Installation within new ducts or
conduits to be constructed within the Streets and Public Right-of-Ways:
a. the location proposed for the new ducts or conduits;
b. The excess capacity that will exist in such ducts or conduits after
installation of Applicant's Telecommunications Facilities.
(8) A preliminary construction schedule and completion date.
(9) A preliminary traffic control plan in accordance the Work Area Traffic
Control Handbook, latest edition.
(10) Financial statements prepared in accordance with Generally Accepted
Accounting Principles demonstrating the Applicant's financial ability to construct, operate, maintain, •
relocate and remove the Telecommunications Facilities.
(11) Information in sufficient detail to establish that the Applicant's technical
qualifications, experience and expertise regarding the Telecommunications System and
Telecommunications Services described in the Application.
(12) Information to establish that the Applicant has obtained all other
governmental approvals and permits to construct and operate the Facilities and to offer or provide the
Telecommunications Services.
(13) All fees, deposits or charges required pursuant to this Ordinance.
(14) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license
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agreement or franchise agreement.
• 15 Such other and further information as may rea
( ) y sonably be required by the
City Manager.
B. Application Fee: Any person that desires a License pursuant to this section shall
file an application with the City which shall include the following information and which shall be
accompanied by an application fee which shall be in an amount which will pay the actual and
reasonable costs to the City for processing such application, including costs incurred by outside
consultants who are retained by the City to review an application. The City Manager shall estimate
the amount of said costs and the applicant shall deposit the amount of said estimate with the
application.
C. Determination by the City Manager: Within 120 days after receiving a complete
• application under this Section the City Manager shall issue a written determination granting or
denying the license application in whole or in part, applying the following standards. If the
application is denied, the written determination shall include the reasons for denial. The City
Manager shall consider the following:
(1) The financial and technical ability of the Applicant.
(2) The legal ability of the Applicant.
(3) The capacity of the Streets and Public Rights-of-Ways to accommodate the
Applicant's proposed Telecommunications Facilities.
(4) The capacity of the Streets and Public Rights-of-Ways to accommodate
additional utility and Telecommunications Facilities if the license is granted.
(5) The damage or disruption, if any, of public or private facilities,
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improvements, services, travel or landscaping if the license is granted.
6 The public interest in minimizing the cost and disruption f •
O p g p o construction
within the Streets and Public Rights-of-Ways.
(7) The services that Applicant will provide to the community and region.
(8) The effect, if any, on public health, safety and welfare if the License is
granted.
(9) The availability of alternate routes and/or locations for the proposed
Telecommunications Facilities.
(10) Applicable federal and state telecommunications laws, regulations and
policies.
(11) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license •
agreement or franchise agreement.
(12) Such other factors as may demonstrate that the grant to use the Streets and
Public Rights-of-Ways will serve the community interest.
D. Agreement: No license granted hereunder shall be effective until the Applicant and
the City have executed a written agreement setting forth the particular terms and provisions under
which the license to occupy and use Streets and Public Rights-of-Way of the City will be granted.
E. Nonexclusive Grant: No license granted under this Section shall confer any
exclusive right, privilege,license or franchise to occupy or use the Streets and Public Rights-of-Ways
of the City for delivery of Telecommunications Services or any other purposes.
F. Rights Granted: No license granted under this Section shall convey any right, title
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or interest in the Streets and Public Rights-of-Ways, but shall be deemed a License only to use and
occupy the public ways for the limited purposes and term stated in the grant. Further, no License
shall be construed as any warranty of title.
G. Terms of Grant: Unless otherwise specified in a license agreement, a License
granted hereunder shall be in effect for a term of ten (10) years.
H. Construction Permits: All licensees are required to obtain encroachment permits
for Telecommunications Facilities as required in this Ordinance, provided, however, that nothing in
this Section shall prohibit the City and a licensee from agreeing to alternate plan review, permit and
construction procedures in a license agreement, provided such alternative procedures provide
substantially equivalent safeguards for responsible construction practices.
I. License Fee: Each and every Licensee shall be subject to and pay, to the extent
• not prohibited by applicable federal or state law, a License Fee for the use of the property rights
granted to the Licensee, i.e., the privilege of using Streets, Public Rights-of-Way, and Easements to
construct, maintain, and operate a Telecommunications System or any portion thereof, as a condition
and requirement of each and every License. The License Fee shall consist of the following
components:
1. Minimum Compensation Component. Each and every Licensee which
constructs, maintains, and operates a Telecommunications System, or any portion thereof, or provides
a Telecommunications Service, which is not exempt in whole from compensation payment
requirements pursuant to federal or state law, shall pay minimum compensation (the "Minimum
Compensation Requirement") on an annual basis in an amount to be established in the initial License,
Franchise,permit, or other authorizations. The City Council shall from time to time and by resolution
• -42-
;.7 6
establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in
all Licenses Franchises permits, and other authorizations. The Minimum •
p Compensation
Requirement shall not exceed the fair market value of the property rights granted to the Licensee, i.e.,
the privilege of using Streets, Public Rights-of-Way, and Easements to construct, maintain, and
operate a Telecommunications System or portion thereof,which are not exempt in their entirety from
the imposition of a compensation requirement by applicable federal or state law.
2. Additional Compensation. Either at the time of issuance of any License,
Franchise, permit, or other authorization, or any time thereafter,the City shall determine whether or
not the Minimum Compensation Requirement equates to or is less than the fair market value of the
property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights-of-Way,
and Easements to construct, maintain, and operate a Telecommunications System or portion thereof,
which are not exempt in their entirety from the imposition of a compensation requirement pursuant •
to federal or state law. If the City determines that said non-exempt property rights possess a fair
market value in excess of the Minimum Compensation Requirement, the City shall engage in
negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide
additional compensation to the City, in cash or in-kind services or facilities, which represents in value
the difference between the Minimum Compensation Requirement and the fair market value (the
"Additional Compensation") (the Minimum Compensation Requirement and the Additional
Compensation shall collectively be referred to as the "Total Compensation"). Under no
circumstances shall the Total Compensation exceed the fair market value of the non-exempt property
rights granted to the Licensee, Franchisee, or holder of the permit or authorization. To the extent that
the City and the Applicant agree upon Total Compensation as part of the issuance of the License,
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Franchise,permit, or other authorization, said agreement shall be binding upon the City for the term
of the License, Franchise, permit, or other authorization. However, to the extent that the parties
cannot or do not agree upon said Total Compensation in the Franchise, License, permit, or other
authorization, the City Council may, from time to time but no more frequently than annually,
establish by resolution the Additional Compensation and modify said Additional Compensation based
upon changes in the fair market value of the non-exempt property rights granted or conveyed.
3. Acceptance by the Applicant of any License, Franchise, permit, or other
authorization shall constitute an acceptance of the minimum Compensation Requirement unless the
Applicant can affirmatively demonstrate that all of the activities, both present and future, which will
be conducted utilizing the property rights granted to the Applicant are completely and totally exempt
from all compensation requirements pursuant to applicable federal or state law. The burden of proof
shall be on the Applicant. The Applicant shall provide all written and oral information, documents
and evidence reasonably requested by the City which are necessary or relevant to a determination as
to whether all of its activities and uses which use or occupy Streets, Public Rights-of-Way, and
Easements are exempt from non-cost recovery compensation.
J. Appeals: An Applicant may appeal the denial of a License or a condition imposed
in a License to the City Council. Such appeal shall be filed in writing with the City Clerk by 5 p.m.
on the tenth (10th) business day following the date of mailing of the City's written decision that is
.being appealed. The appeal shall be accompanied by a fee as established from time to time by
resolution of the City Council. The City Council shall schedule a hearing on the appeal within thirty
(30) days of the filing of the appeal. The Board's decision on the appeal shall be final.
1.10.360 Telecommunications Franchise.
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•
Any Telecommunications Carrier who desires to construct, install, operate, maintain or
•
otherwise locate a Telecommunications System in, under, over or across any Streets and Public
Rights-of-Ways of the City, and/or to provide Telecommunications Service to persons or areas in the
City via Telecommunications Facilities, Telecommunications Facilities, and/or a
Telecommunications System in the Street and Public Rights-of-Ways, shall first obtain a Franchise
granting the use of such Streets and Public Rights-of-Ways from the City pursuant to this Ordinance.
A. Franchise.Application: Any Person that desires a Franchise pursuant to this Section
shall file an Application with the City which shall include the following information and shall be
accompanied by a franchise application fee to be established by resolution of the City Council:
(1) The identity of the Applicant, including all Affiliates of the Applicant.
(2) A description of the Telecommunications Services that are or will be
offered or provided by the franchise Applicant over existing or proposed Telecommunications
Facilities.
(3), A description of the transmission medium that will be used by the
Applicant to offer or provide such Telecommunications Services.
(4) Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
a. the location and route proposed for Applicant's proposed
Telecommunications Facilities.
b. the location of all Overhead and Underground public utility,
telecommunication, cable, water, sewer drainage and other facilities to be used or constructed in the
public way along the proposed route.
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C. the locations, if any, for interconnection with the
•
Telecommunications Systems of other Telecommunications Carriers.
d. the specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, if
applicable.
e. An Engineering Plan showing the engineering design of the
Applicant's Telecommunications System within the entire City.
(5) If Applicant is proposing to install Overhead Facilities, evidence that
surplus space is available for locating its Facilities on existing utility poles along the proposed route
and that the owner of the utility has consented to the installation.
• (6) If applicant is proposing an Underground Installation in existing ducts or
conduits within the Street and Public Rights-of-Ways, information in sufficient detail to identify:
a. the excess capacity currently available in such ducts or conduits
before installation of Applicant's Telecommunications Facilities;
b. the excess capacity, if any, that will exist in such ducts and conduits
after installation of Applicant's Telecommunications Facilities.
(7) If applicant is proposing an Underground installation within new ducts or
conduits to be constructed within the Streets and Public Rights-of-Way:
a. the location proposed for the new ducts or conduits;
b. the excess capacity that will exist in such ducts or conduits after
installation of Applicant's Telecommunications Facilities.
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(8) A preliminary construction schedule and completion dates.
O A preliminary relimin •
ary Traffic Control Plan m accordance with the Work Area
Traffic Control Handbook, latest edition.
(10) Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the Applicant's financial ability to construct, operate, maintain,
relocate and remove the Telecommunications Facilities.
(11) Information in sufficient detail to establish the Applicant's technical
qualifications, experience and expertise regarding the telecommunications facilities and services
described in the Application.
(12) Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities and to offer or provide the
Telecommunications Services. •
(13) Whether the Applicant intends to provide cable service, video dial tone
service or other video programming service, and sufficient information to determine whether such
services is subject to cable franchising.
(14) An accurate map showing the location of any existing Telecommunications
System(s) in the City that Applicant intends to use or lease.
(15) A description of the Telecommunications Services or Telecommunications
Facilities that the Applicant will offer or make available to the City and other public, educational and
governmental institutions.
(16) A description of Applicant's access and line extension policies.
(17) The area or areas of the City the Applicant desires to serve and if
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applicable, a schedule for build-out to the entire franchise area.
• (18) All fees, deposits or charges required pursuant to this Ordinance.
(19) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license
agreement or franchise agreement.
(20) Such other and further information as may be requested by the City
Administrative Officer.
B. Franchise Application Fee: Any person that desires a Franchise pursuant to this
section shall file an application with the City which shall include the following information and
which shall be accompanied by an application fee which shall be in an amount which will pay the
actual and reasonable costs to the City for processing such application, including costs incurred by
• outside consultants who are retained by the City to review an application. The City Manager shall
estimate the amount of said costs and the applicant shall deposit the amount of said estimate with the
application.
C. Determination by City Manager: Within 120 days after receiving a complete
Application under this Section hereof, the City Manager shall issue a written determination granting
or denying the application in whole or in part, applying the following standards. If the application
is denied, the written determination shall include the reasons for denial. The City Manager shall
consider:
(1) The financial and technical ability of the Applicant.
(2) The legal ability of the Applicant.
(3) The capacity of the Streets and Public Rights-of-Ways to accommodate the
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Applicant's proposed Telecommunications Facilities.
•
(4) The capacity of the Streets and Public Rights-of-Ways to accommodate
additional utility and Telecommunications Facilities if the Franchise is granted.
(5) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the Franchise is granted.
(6) The public interest in minimizing the cost and disruption of construction
within the Streets and Public Rights-of-Ways.
(7) The service that Applicant will provide to the community and region.
(8) The effect, if any, on public health, safety and welfare if the Franchise
requested is granted.
(9) The availability of alternate routes and/or locations for the proposed
Telecommunications Facilities. •
(10) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license
agreement or franchise agreement.
(11) Applicable federal and state telecommunications laws, regulations and
policies.
(12) Such other factors-as may demonstrate that the grant to use the Streets and
Public Rights-of-Ways will serve the community interest.
D. Agreement: No Franchise shall be granted hereunder unless the Applicant and the
City have executed a written agreement setting forth the particular terms and provisions under which
the Franchise to occupy and/or use the public ways will be granted.
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E. Nonexclusive Grant: No Franchise granted under this section shall confer any
exclusive right,privilege, license or franchise to occupy or use the Streets and Public Rights-of-Ways
g ,p g , py
for delivery of Telecommunications Services or any other purposes.
F. Rights Granted: No Franchise granted under this Section shall convey any right,
title or interest in the Streets and Public Rights-of-Ways, but shall be deemed a Franchise only to use
and occupy the Streets and Public Rights-of-Ways for the limited purpose and term stated in the
grant. Further, no Franchise shall be construed as any warranty of title.
G. Franchise Territory: A Franchise granted under this Section shall be limited to the
specific geographic area of the City to be served by the franchise Applicant, and the specific public
ways necessary to serve such areas.
H. Franchise Fee: Each and every Franchisee shall be subject to and pay, to the
• extent not prohibited by applicable federal or state law, a Franchise Fee for the use of the property
rights granted to the Franchisee, i.e., the privilege of using Streets, Public Rights-of-Way, and
Easements to construct, maintain, and operate a Telecommunications System or any portion thereof,
as a condition and requirement of each and every Franchise. The Franchise Fee shall consist of the
following components:
1. Minimum Compensation Component. Each and every Franchisee which
constructs, maintains, and operates a Telecommunications System, or any portion thereof, or provides
a Telecommunications Service, which is not exempt in whole from compensation payment
requirements pursuant to federal or state law, shall pay minimum compensation (the "Minimum
Compensation Requirement")on an annual basis in an amount to be established in the initial License,
Franchise,permit, or other authorizations. The City Council shall from time to time and by resolution
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i.34
establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in
all Licenses, Franchises, permits, and other authorizations. The Minimum Compensation
Requirement shall not exceed the fair market value of the property rights granted to the Franchisee,
i.e., the privilege of using Streets, Public Rights-of-Way, and Easements to construct, maintain, and
operate a Telecommunications System or portion thereof,which are not exempt in their entirety from
the imposition of a compensation requirement by applicable federal or state law.
2. Additional Compensation. Either at the time of issuance of any License,
Franchise, permit, or other authorization, or any time thereafter, the City shall determine whether or
not the Minimum Compensation Requirement equates to or is less than the fair market value of the
property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights-of-Way,
and Easements to construct, maintain, and operate a Telecommunications System or portion thereof,
which are not exempt in their entirety from the imposition of a compensation requirement pursuant •
to federal or state law. If the City determines that said non-exempt property rights possess a fair
market value in excess of the Minimum Compensation Requirement, the City shall engage in
negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide
additional compensation to the City,in cash or in-kind services or facilities,which represents in value
the difference between the Minimum Compensation Requirement and the fair market value (the
"Additional Compensation") (the Minimum Compensation Requirement and the Additional
Compensation shall collectively be referred to as the "Total Compensation"). Under no
circumstances shall the Total Compensation exceed the fair market value of the non-exempt property
rights granted to the Licensee, Franchisee, or holder of the permit or authorization. To the extent that
the City and the Applicant agree upon Total Compensation as part of the issuance of the License,
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Franchise, permit, or other authorization, said agreement shall be binding upon the City for the term
• of the License, Franchise,s , s , permit, or other authorization. However, to the extent that the parties
cannot or do not agree upon said Total Compensation in the Franchise, License, permit, or other
authorization, the City Council may, from time to time but no more frequently than annually,
establish by resolution the Additional Compensation and modify said Additional Compensation based
upon changes in the fair market value of the non-exempt property rights granted or conveyed.
3. Acceptance by the Applicant of any License, Franchise, permit, or other
authorization shall constitute an acceptance of the Minimum Compensation Requirement unless the
Applicant can affirmatively demonstrate that all of the activities, both present and future, which will
be conducted utilizing the property rights granted to the Applicant are completely and totally exempt
from all compensation requirements pursuant to applicable federal or state law. The burden of proof
• shall be on the Applicant. The Applicant shall provide all written and oral information, documents
and evidence reasonably requested by the City which are necessary or relevant to a determination as
to whether all of its activities and uses which use or occupy Streets, Public Rights-of-Way, and
Easements are exempt from non-cost recovery compensation.
I. Appeals: An Applicant may appeal the denial of a Franchise or a condition
imposed in a franchise to the City Council. Such appeal shall be filed in writing with the City by 5
p.m. on the tenth(10th)business day following the date of mailing of the City's written decision that
is being appealed. The appeal shall be accompanied by a fee as established from time to time by
resolution of the City Council. The City Council shall schedule a hearing on the appeal within thirty
(30) days of the filing of the appeal. The Board's decision on the appeal shall be final.
1.10.370 Term of License or Franchise.
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The term of a License or Franchise shall be as specified therein and shall not exceed ten(10)
ears from the date that a Franchise is approved b the Cit Council and execute •
y pp y y d by both the City
and the affected Telecommunications Carrier.
1.10.380 Assignment, Transfer or Sale of Franchise or License.
A. There shall be no assignment of a Franchise or License, in whole or in part, or any
Change in Control of the Franchised or Licensed Telecommunications Carrier, without the prior
express written approval of the City.
B. Any assignment or transfer, or any change in Control, without the City's prior written
consent shall constitute a default which will cause a Franchise or License to terminate.
C. At least one hundred twenty (120) days before a proposed assignment or change in
Control of the Franchise or License is scheduled to become effective,the Telecommunications Carrier
shall request in writing the City's consent. The Telecommunications Carrier shall submit to the City •
(concurrently with the submission of its written request) (i) any other information or documentation
required by the State or federal government; (ii) the information referenced in this Ordinance; (iii)
unedited and unredacted copies of the sale or transfer documents with all schedules and exhibits
thereto; and(iv) information regarding the financial ability and stability of the proposed assignee with
respect to being able to perform all obligations of the existing Franchise or License.
D. The City shall not unreasonably withhold its consent to such an assignment or change
in Control. However, in evaluating the request for assignment, transfer, sale, or change in Control,
the City may, in its sole discretion and among other things,undertake a technical inspection and audit
of the Telecommunications System to determine whether the Telecommunications System complies
with all applicable technical and safety codes, and with this Ordinance, the Franchise, or License.
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x.07
E. If the City determines (as a result of the technical inspection and audit) that the
•
Telecommunications stem does not comply with federal state or local standards then the
Telecommunicat o s Sy p y ,
Telecommunications Carrier shall be provided with an opportunity to correct or cure the non-
compliance. In the alternative and in the discretion of the City Council,the City may work with both
the current and proposed Telecommunications Carrier to cure the non-compliance.
F. Before an assignment or change in Control is approved by the City, the proposed
assignee, transferee, or buyer shall execute an affidavit acknowledging that it has read, understood,
and will abide by both this Ordinance and the applicable Franchise or License.
G. In the event of any approved assignment or change in Control, the assignee or
transferee shall assume all obligations and liabilities of the former Telecommunications Carrier
relating to the Franchise or License unless specifically relieved by the City at the time the assignment
or change in Control is approved.
H. Reimbursement of Processing and Review Costs. The Telecommunications Carrier
shall reimburse City for City's reasonable processing and review expenses in connection with a
transfer of the Franchise or License or a change in Control of the Franchise or License, including,
without limitation, costs of administrative review, financial,legal, and technical evaluation of the
proposed transferee, costs of consultants (including technical and legal experts), notice and
publication costs, and document preparation expenses. City may send the Telecommunications
Carrier an itemized description of all such charges, and the Telecommunications Carrier shall pay
such amount within twenty (20) days after the receipt of such description.
1. Violation. If the Telecommunications Carrier violates any provision of this paragraph,
the Franchise or License shall automatically terminate.
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1.10.390 Revocation and Termination.
In addition to all other rights and powers retained by the City, the City shall have the right to
revoke any Franchise or License granted hereunder and to terminate all rights and privileges of the
Franchisee or Licensee hereunder in the event of a substantial breach of the terms and conditions of
said Franchise or License, or of any rule or regulation of the City or City Engineer. A substantial
breach by a Franchisee or Licensee shall include, but shall not be limited to, the following:
(1) Violation of any material provision of this ordinance or of any Franchise or License
granted or renewed or pursuant to this ordinance;
(2) Any attempt by a Franchisee or Licensee to evade any material provision of the
Franchise or License or to practice any fraud or deceit or deception upon the City;
(3) The failure of a Franchisee or Licensee to obtain permits for, or to begin or
complete construction as provided under this ordinance and under the Franchise or License;
(4) Material misrepresentation of fact by a Franchisee or Licensee in the application
for or negotiation of the Franchise or License;
(5) Conviction of any director, officer, employee, or agent of a Franchisee or Licensee
of the offense of bribery or fraud connected with or resulting from the awarding of the Franchise or
License;
(6) ,Failure of a Licensee or Franchisee to pay any License Fee or Franchise Fee or
other compensation required by this ordinance, or required by any Franchise or License granted
pursuant to this ordinance,to the City when due. Failure of a Licensee or Franchisee to pay said fee
shall also require the Franchisee or Licensee to pay interest on any past-due fee or compensation to
the City at the rate of one and one-half percent per month on the unpaid amount.
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139
1.10.400 Possessory Interest.
By accepting any Franchise License, or permit granted pursuant to this Ordinance,
e,
Telecommunication Carrier acknowledges that notice is and was hereby given to Telecommunication
Carrier pursuant to California Revenue and Taxation Code Section 107.6 that use or occupancy of
any public property may cause certain taxes to be levied upon such interest. Telecommunication
Carrier shall be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any
Public Property pursuant to any right of possession, occupancy or use created by any Franchise or
License.
SECTION 2:
A summary of the ordinance, approved by the City Attorney, together with ayes and noes,
shall be published at least five days prior to its final passage in the Atascadero News, a newspaper
published and circulated in Atascadero. A summary of the ordinance, approved by the City Attorney,
together with ayes and noes, shall be published before the expiration of fifteen(15) days after its final
passage in the Atascadero News, a newspaper published and circulated in Atascadero. A copy of the
full text of this ordinance shall be on file in the City Clerk's Office on and after the date following
introduction and passage and shall be available to any interested member of the public. This
ordinance shall take effect and be in full force and effect thirty (30) days after its final passage.
INTRODUCED at a regular meeting of the City Council held on the 23`d day of January,
2001, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on the day of , 2001, by the following roll call vote, to-wit:
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130
AYES:
NOES:
ABSENT:
J. Michael Arrambide, Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
ORDINANCE CODE PROVISION APPROVED
AS TO FORM AND CODIFICATION:
By:
Roy A. Hanley, City Attorney
Dated:
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