HomeMy WebLinkAboutAgenda Packet 03/13/2001 AGENDA
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, MARCH 13, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 5:30 P.M.
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
I. Planning Commissioner Harold Carden, III
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.) '
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—February 27, 2001
■ City Clerk recommendation: Council approve the City Council minutes of February
27, 2001 [City Clerk]
2. Elevator Control System Modernization Project
■ Fiscal Impact: $58,300.00
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with Republic Elevator Co. for the City Administration Building Elevator
Control System Modernization Project. [Community Services]
3. Atascadero Lake Park Paddleboat Concession—Lease assignment
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the City Manager to sign the Consent to
Assignment with Lloyd Reeves for the Atascadero Lake Park Paddleboat Concession
Lease [Community Services]
4. El Camino Real Widening Project—Bid No. 2000-02
■ Fiscal Impact: $302,727.91
■ Staff recommendation: Council:
1. Accept Souza Construction, Inc. work as complete; and
2. Authorize the Administrative Services Director to appropriate an
additional $60,277.91 from Fund 281 (Street & Bridge Fee) to this
Project account; and
3. Authorize the Contract Change Order #1 with Souza Construction, Inc.for
$83,875.76; and
4. Authorize the Administrative Services Director to release the project
retention of$25,017.58. [Public Works]
B. PUBLIC HEARINGS: None
1. 2001 Community Development Block Grant Allocation
■ Fiscal Impact: The City has$257,162 funds available for award
■ Staff recommendation: Council direct staff to forward to the County Board of
Supervisors allocation recommendations for the 2001 Community Development Block
Grant (CDBG)funds as recommended in staff report. [Public Works]
2
2. Sewer Extension Reimbursement Agreement—Home Depot
■ Fiscal Impact: The City will receive a 2%administration fee from each
reimbursement collected.
■ Staff recommendation: Council authorize the City Manager to execute a Sewer
Extension Reimbursement Agreement between the City and Home Depot U.S.A., Inc.
[Public Works]
3. Proposed Amendments to Atascadero Municipal Code—Relating to the Regulation and
Location of Adult Oriented Businesses
■ Fiscal Impact: None
■ City Attorney recommendation: Council introduce for first reading by title only, the
draft Ordinance adding Title 9 Chapter 16 to the Atascadero Municipal Code
pertaining to zoning regulations applicable to adult oriented businesses and
amending in full Title 5, Chapter 10 of the Atascadero Municipal Code relating to the
regulation of adult oriented businesses. [City Attorney]
C. MANAGEMENT REPORTS:
1. Solid Waste, Green Waste and Recycle Collection
■ Fiscal Impact: None
■ Staff recommendation: Council receive this report by Atascadero Waste Alternatives.
[Public Works]
2. Atascadero Lake Park Master Plan and Lake Pathway Improvements—Design Services
■
FiscalImpact.• $51,700.00
■ Staff recommendation.: Council authorize the City Manager to enter into an
agreement with UP Productions for design services for the Atascadero Lake Park
Master Plan and Lake Pathway Improvement Project. [Community Services]
3. Information Bulletin
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 Clgy
1. Air Pollution Control District(APCD)
2. City/ Schools Committee
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 MARCH 27, 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
I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the
penalty of perjury that the foregoing agenda for the March 13, 2001 Regular Session of the
Atascadero City Council was posted on March 7, 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 Ind day of March, 2001 at Atascadero, California.
YAw
Marcia McClure Torgerson, City Clerk
City of Atascadero
s
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk (Room 311) available for public inspection during City
Hall business hours. An agenda packet is also available for public review at the Atascadero Library,
6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The minutes of this meeting will reflect these numbers.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address(not required)
• Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum (unless changed by the Council).
. TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
ITEM NUMBER: A—1
DATE: 03/13/2001
DRAFT MINUTES
1979
ATASCADERO CITY COUNCIL MEETING
TUESDAY, FEBRUARY 27, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Johnson led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Administrative Services Director Rachelle Rickard, Police Chief Dennis
Hegwood, Acting Fire Chief Kurt Stone, Public Works Director Steve
Kahn, Community Services Manager Geoff English, Acting Community
and Economic Development Director Warren Frace and City Attorney
Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Johnson and seconded by Council Member Luna
to approve the agenda.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
1. Proclamation declaring March 2001, "Grand Jury Month."
Phyllis Heath, of the San Luis Obispo County Grand Jury, accepted the proclamation.
2. Presentation: Tree City USA
Bruce Bonifas, President of the Atascadero Native Tree Association, accepted the proclamation.
COMMUNITY FORUM:
Carol Ball, 7070 Marchant Avenue, representing the Atascadero Association of Realtors and the
Government Affairs Committee, spoke on the issue of the General Plan Update. She read from a
report prepared by the Government Affairs Committee stating their recommendations to the City.
Rusty Risch, 10518 Cuesta Court, representing the Coalition for Decency, spoke about his
concerns with the sexually oriented business ordinance in Atascadero and encouraged the City to
remain resolute in their enforcement of the ordinance.
Raymond Jansen, 6655 Country Club Drive, expressed his feelings about the spiritual qualities
of character that make a good community.
Myra Douglass, 8005 El Retiro Avenue, representing Amigos De Anza, asked that the
community remember that March 4ch has officially been proclaimed De Anza Day in Atascadero,
to be commemorated and celebrated annually.
Richard Hill, 8400 San Gabriel,read a prepared statement concerning his opposition to City and
County laws concerning animal control.
Carol Ball, 7070 Marchant Avenue, continued reading her report.
John Bradley, 4475 San Jacinto, stated that he came to this meeting thinking the issue of the
sexually oriented business ordinance review would be discussed and inquired when the issue
would be before the Council.
Richard Hill, 8400 San Gabriel, continued reading his prepared statement.
Ames Almandorff, 11505 Salinas Road, expressed his opposition to Diamond Adult World's
presence in the community. He encouraged the Council to do everything they can to remove
Diamond's from Atascadero.
Mayor Arrambide closed the Community Forum.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
1. 3F Meadows Open Space Proposal
■ Staff recommendation: Council adopt draft Resolution supporting the
• purchase of 770 acres in 3F Meadows by the Atascadero Land Preservation
Society. [City Manager's office]
City Manager Wade McKinney gave the staff report.
PUBLIC COMMENT
Bruce Bonifas, 5735 San Pedro, read a prepared statement supporting ALPS in their efforts and
encouraged the City Council to use available tree funds for the preservation of this property.
Doug Chisholm, Atascadero, expressed his support for ALPS' efforts to acquire the 3F Meadows
extension.
Dave Highland, 7275 Carmelita, stated his support for the preservation of this property as open
space.
Eric Greening, 6600 Lewis Ave., suggested the City and ALPS work together on preserving this
property as open space. He feels the City should use their good name to leverage every possible
type of grant funding for this project.
Bettina and Alvin Salter, 14080 San Antonio Road, expressed in a prepared statement read by
• Robert Phemister, 7109 San Gregorio Road, their support of ALPS' efforts to raise money and
purchase the open space. (see Attachment A)
Fred Frank, 3615 Ardilla, stated that his mother passed away last week. She had planned on
attending this meeting and expressing her support for the preservation of open space in
Atascadero. Mr. Frank also expressed his support for ALPS' efforts to acquire this property.
Marilyn Brown, 8455 Graves Creek Road, stated she supports the preservation of this property as
open space.
Marge Mackey, Chairman of ALPS, gave the Council pictures of the property and asked for the
Council's support of their project. She raised the question of transfer of development rights and
whether there is not somewhere else in the City where the proposed developer of this site could
build his homes.
Livia Kellerman, 5463 Honda, encouraged the Council to support the efforts of ALPS to protect
this property any way they can.
Vickie Rayburn, 11705 Santa Lucia, said that the wildlife in this area should be given
consideration in this issue.
Mayor Arrambide closed Public Comment.
• Council Member Johnson stated that he supports this acquisition if the parties are willing, even
though it will require a major change to the General Plan. He expressed concern with the use of
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03
the City's tree fund monies, as there are many questions that still need to be answered.
Additionally, he feels the issue of ownership and maintenance of the property must be addressed.
Council Member Clay stated that he respects what ALPS is trying to do but he cannot support •
the Resolution. He explained that there are many charitable organizations in Atascadero that
have a greater need for funds, and the City should not involve City funds in the acquisition of
property for open space. He prefers other methods of funding such as transfer of development
credits or doing a partial development and selling the balance of the development credits, which
would pay for the balance of the open space.
Mayor Pro Tem Scalise said that she agrees with Council Members Clay and Johnson. She
explained that she does not support the City assisting in the funding of this project.
Council Member Luna expressed his support of the Resolution stating that the General Plan and
the Atascadero Smart Growth Principles support it. In referring to the Resolution, he suggested
that item #2 be amended to read, "The City Council supports the effort and will take reasonable
steps including a possible pledge of tree fund money to assist ALPS in the funding and
development of this project." He encouraged the Council and the public to support ALPS'
efforts.
Mayor Arrambide stated he has questions, such as public access to existing property that ALPS
has participated in. He feels the draft Resolution needs changes and would like to see the first
WHEREAS extended to read, "WHEREAS the Atascadero Land Preservation Society (ALPS) is
working to acquire 770 acres on the 3F Meadows area for the purpose of public use and
conservation." Additionally, he would like item #1 to read, "The City Council encourages all
community members to join in the effort with ALPS to purchase the property for open space and
ultimate public use." In item #2 Mayor Arrambide stated he is uncomfortable with the issue of •
reasonable financial assistance by the City to ALPS.
Council Member Luna stated that there were other players involved in this issue in addition to
ALPS.
Mayor Pro Tem Scalise agreed and felt that the Resolution is premature based on issues raised by
Mayor Arrambide. She feels that there is a community trust that the use of this property be for
the good of all. She also said that she feels the Council has an obligation to the entire electorate
to let the eventual disposition of the property be worked out on its own at which time the Council
could become involved with preservation issues.
Council Member Luna made a motion that the Council adopt the draft Resolution amended as
follows: Item #2. The City Council support the effort and will take reasonable steps including
a possible pledge of tree fund money to assist ALPS in the funding and development of this
rp olect. There was no second to this Motion.
Council Member Johnson expressed his concern with the financial support aspect of this
Resolution.
Council Member Luna suggested they pass the Resolution as originally presented by City staff.
Mayor Arrambide asked if`'reasonable steps" could be construed as mandatory. •
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Council Member Clay reiterated his concern that there were many good causes in the community
and he does not feel the City should single out this one cause.
• MOTION: By Council Member Johnson and seconded by Council Member Luna
to adopt the draft Resolution as presented with the following
amendment:
Item #2. The City Council supports the efforts and will take
reasonable steps to assist ALPS in the funding and development o
this project.
Motion passed 3:2 by a roll call vote.
(Council Members Clay and Scalise voted no.)
(Resolution No. 2001-007)
Mayor Arrambide declared a recess at 8:36 p.m.
Mayor Arrambide reopened the Council meeting at 8:48 p.m.
A. CONSENT CALENDAR:
1. City Council Minutes— Special Meeting - February 8, 2001
■ City Clerk recommendation: Council approve the City Council minutes of February
8, 2001 [City Clerk]
2. City Council Minutes—February 13, 2001
■ City Clerk recommendation: Council approve the City Council minutes of February
• 13, 2001 [City Clerk]
3. Acceptance of Phase 2 of Final Tract Map 98013 / Tract 2317 — 3900 Traffic Way
(Shores / Wilson Survey/RTC)
■ Fiscal Impact: Negligible: City already maintains Traffic Way
■ Staff recommendation: Council accept Phase 2 of Final Tract Map 98013 / Tract
2317 including the dedication of lot 41 for Public Park purposes and a portion of
Traffic Way for public acceptance. [Community Development]
4. Annual Disadvantaged Business Enterprise Goal
■ Fiscal Impact: None
■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise
(DBE)participation goal. [Public Works]
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS: None
•
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C. MANAGEMENT REPORTS:
1. 2000 Audit Report—Review and accept
■ Staff recommendation: Council review and accept the audit report for the fiscal year •
ended June 30, 2000. [Administrative Services)
Administrative Services Director Rachelle Rickard gave the staff report and answered questions
of Council.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., expressed his concern with what he perceives to be the hasty
decisions being made by the State regarding energy. He would like to see an organized effort by
local government to protect its fiscal position in the State.
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to
review and accept the audit report for the fiscal year ended June 30,
2000.
Motion passed 5:0 by voice vote.
2. Mid-Year Budget Review
■ Fiscal Impact: Revenue Increase of S240,000. Additional Appropriations of
5249,460
■ Staff recommendation: Council adopt draft Resolution amending the 2000-01 Budget
(Resolution No. 2000-027) [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered questions
of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Johnson
to adopt the draft Resolution amending the 2000-01 Budget
(Resolution No. 2000-027).
Motion passed 5:0 by a roll call vote. (Resolution No. 2001-008)
3. Youth/Community Center Site Options
■ Approval of this recommendation will result in the availability of an additional one
million dollars of external fiords for this project.
■ Staff recommendation: Council direct staff to prepare and bring back a draft
agreement with the San Luis Obispo County Office of Education for a partnership to
construct and operate a Youth /Community Center on the grounds of the El Camino
Real Continuation School and prioritize the remaining potential building sites.
[Community Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council. •
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PUBLIC COMMENT
George Dodge, 5670 Lobos Lane, expressed his support for staff's recommendation and
• encouraged the Council to approve this proposal.
Eric Greening, 6600 Lewis Avenue, stated that he feels a downtown location is preferable. He
asked if the public transit service would expand their hours to accommodate this proposed
project.
Rick Mathews, 6915 Navarette Avenue, recommended the Council approve the staff's proposal.
Sandy Mathias, 4516 Yerba, a member of the Youth Task Force, thanked the City staff for their
efforts in finding a way to make the community's desires a reality.
Joan O'Keefe, 9985 Old Morro Road East, stated she has concerns about parking and the
accessibility of this site. She feels the downtown area is a better site for the project.
Barbie Butz, 3370 San Fernando Road, said she is concerned that the other Parks and Recreation
Commissioners are not aware of this new proposal. She expressed her support but asked that a
special meeting be scheduled for the Commission.
Juana Adams, Atascadero Youth Task Force, pointed out to the Council that this would be a
community school, not a continuation school. She feels this raises issues regarding the type of
students at the site.
Mike Zappas, 8189 San Dimas Lane, said that he is building an apartment building behind this
• site. He stated that he has visited schools similar to the one proposed for this site and feels they
are very well regulated. In speaking with the neighbors at these sites he has found that there
were never any problems with the students attending the schools.
Mayor Arrambide closed Public Comment.
Mayor Pro Tem Scalise recommended that the Parks and Recreation Commission be contacted
regarding this issue. Assistant City Manager Cherry stated that an informational package could
be delivered to the Commission tomorrow.
MOTION: By Council Member Clay and seconded by Council Member Luna to
direct staff to prepare and bring back a draft agreement with the San
Luis Obispo County Office of Education for a partnership to
construct and operate a Youth / Community Center on the grounds of
the El Camino Real Continuation School and prioritize the remaining
potential building sites.
Motion passed 5:0 by a roll call vote.
4. Information Bulletin
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D. COMMITTEE REPORTS:
Mayor Arrambide
SLO Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA):
Will be meeting next week.
Council Member Luna
Integrated Waste Management Authority (IWMA):
The IWMA will consider adding one representative from the community on the second
Wednesday in March.
Council Member Johnson
Economic Vitality Corporation, Board of Directors (EVC):
The State Commerce Department is sending a trade mission to Japan and EVC will be covering
it to give exposure to companies here. He will be going to Japan next week with the mission.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney Roy Hanley
He reported that the City has prevailed on the lawsuit filed by Mr. Terrill Graham.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:09 p.m. to the next regular session on March 13,
2001, at 7:00 p.m. •
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
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Atascadero City Council
February 27, 2001
ATTACHMENT A
• February 25, 2001
To: Atascadero City Council Members
Dear Sir or Madam:
We wish to entreat you to support the Atascadero Land Preservation Society's
efforts to raise money and purchase the open space. This will be a wonderful
asset to the City of Atascadero!
We all wish to continue to live in this great place and keep it great--what better
way than to put our money where our mouths are and buy open space land for
the enjoyment of our children, grandchildren and 100 generations to come.
Houses, shopping malls, roads and freeways only last a few generations but the
land lasts forever.
Please hear our request and support the Atascadero Land Preservation Society
with your votes and support.
Sincerely,
Bettina H. Salter
AI in J. Salter
X,J
14080 San Antonio Road
Atascadero CA 93422
•
00
ITEM NUMBER: A-2
gaNwb
DATE: 03/13/2001
leis A p 1979
Atascadero City Council
Staff Report - Community Services Department
Elevator Control System Modernization Project
RECOMMENDATION:
Council authorize the City Manager to enter into an agreement with Republic Elevator Co. for
the City Administration Building Elevator Control System Modernization Project.
DISCUSSION:
Bids were received and publicly opened on February 6, 2001 for Elevator Control System
Modernization Project for the City Administration Building. The award of the contract requires
Council approval per the City procurement manual. A bid summary prepared by the City Clerk
and an itemized bid is attached.
Republic Elevator Co. submitted a total project bid of$58,300.00. The City Council allocated
$75,000.00 for this project in fiscal year 2000-2001.
This project will replace the antiquated electrical relays and switches that control the elevator. In
addition, the elevator will be equipped with ADA approved control panels and signals. This
project will not replace the mechanical systems of the elevator, such as the motor, hoists and
door opening mechanisms.
FISCAL IMPACT:
Approval of this agreement will result in expenditures of$58,300.00
ALTERNATIVES:
No Alternative.
010
City of A
Office of the City Clerk
BID SUMMARY
TO: Geoff English, Community Services Manager
FROM: Marcia McClure Torgerson, City Clerk titin
BID NO.: 2000-013
OPENED: February 6, 2001
PROJECT: Elevator Control System Modernization Project
(2) Bids were received and opened today,as follows:
• Total ADA Portion
Bidder Bid of Total Bid
Republic Elevator Co. $58,300.00 $19,400.00
P.O. Box 1222
Goleta, CA 93116
Thyssen Elevator Co. $70,252.00 $12,341.00
350 South Kellogg Ave.
Goleta,CA 93117
Attachments: 2 bids
•
v 012
•
AGREEMENT FOR SERVICES OF CONTRACTOR
This agreement is made upon the date of execution, as set forth below, by and
between Republic Elevator Company, 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 •
Y p p Y
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.
1 •
013
• 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools
and instrumentality's to perform the services under this agreement except those
listed in "Tools and Instrumentality's Provided by City" attached hereto as
"Exhibit C" and hereby incorporated herein.
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City
and Contractor intend and agree that Contractor is an independent contractor of
City and agrees that Contractor and Contractor's employees and agents have no
right to Worker's Compensation and other employee benefits. If any worker
insurance protection is desired, Contractor agrees to provide Worker's
Compensation and other employee benefits, where required by law, for
Contractor's employees and agents. Contractor agrees to hold harmless and
indemnify City for any and all claims arising out of any claim for injury, disability,
or death of any of Contractor and Contractor's employees or agents.
2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its
elective and appointive boards, officers, agents and employees, harmless and
shall defend the same from any liability for damage or claims for damage, or
suits or actions at law or in equity which may allegedly arise from Contractor's or
any of Contractor's employees' or agents' operations under this agreement,
whether such operations be by Contractor or by any one or more persons
• directly or indirectly employed by, or acting as agent for, Contractor; provided
as follows:
a. That the City does not, and shall not, waive any rights against Contractor
which it may have by reason of the aforesaid hold-harmless agreement,
because of the acceptance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by Contractor shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations of
Contractor or any agent or employee of Contractor regardless of whether
or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
2.05 INSURANCE: Contractor shall not commence work under this contract
until 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
• 2
914
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 $ 1,000,000.00 for damage to the
property of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $ 1,000,000.00 for each person in
any one accident and $_$500,000.00 for injuries sustained by two
or more persons in any one accident. Property damage liability of •
$-$500,000.00for each accident.
(4) Worker's Compensation Insurance.
In the amounts required by law as set forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be declared to, and
approved by, the City. The City may require that either the insurer reduce
or eliminate such deductibles or self-insured retentions as respects the
City, its elected or appointed officials, employees, agents or volunteers; or
the Contractor shall procure a bond guaranteeing payment of all losses,
and related investigation, claims administration and legal expenses.
C. Proof of Insurance.
Contractor shall furnish City, concurrently with the execution hereof, with
satisfactory proof of carriage of the insurance required, and adequate
legal assurance that each carrier will give City at least thirty (30) days'
prior notice of the cancellation of any policy during the effective period of
this contract. The certificate or policy of liability of insurance shall name
City as an additional insured with the Contractor.
3 •
015
• 3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable requests of
Contractor necessary to the performance of Contractor's duties under this
agreement.
3.02 PLACE OF WORK: City agrees to furnish space for use by the Contractor
while performing the services described in this agreement only as set forth
in "Exhibit D," hereby incorporated herein. Any work space requirements not set
forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may
use alternate space for performing described services.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION 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 thirty LaOl days prior written notice to the other
parties to this agreement.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of any of the
• following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the (30) days as set forth in Section 4.01;
(5) End of the contract to which Contractor's services were necessary; or
(6) Assignment of this agreement by Contractor without the consent of the
City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agreement or materially
breach 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 on calendar year,
following 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 beyond the termination date, as needed, under the same
terms and conditions set forth in this agreement. Any such extension shall be in
• 4
016
writing and be an amendment to this agreement. •
5.00 LIQUIDATED DAMAGES
Contractor agrees to complete the entire Scope of Work mentioned in Exhibit A,
within thirty (30) days of the commencement of work. Failure to complete the
Scope of Work, except the maintenance and inspection requirements, within
thirty (30) days of the commencement of work will result in liquidated damages of
$500.00 per day beyond the project deadline.
6.00 MISCELLANEOUS
6.00 REMEDIES: The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to, all remedies now or
hereafter allowed by law or equity.
6.01 NO WAIVER: The waiver of any breach by any party of any provision of
this agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of this agreement.
6.02 ASSIGNMENT: This agreement is specifically not assignable by
Contractor to any person or entity. Any assignment or attempt to assign by
Contractor, whether it be voluntary or involuntary, by operation of law or
otherwise, is void and is a material breach of this agreement giving rise to a right
to terminate as set forth in Section 4.03.
6.03 ATTORNEY FEES: In the event of any controversy, claim or dispute
between the parties hereto, arising out of or 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
5 •
017
notices or other communications required or permitted by this agreement or by
• law to be served on or given to any party to this agreement shall be in writing
and shall be deemed duly served and given when personally delivered or in lieu
of such personal service when deposited in the United States mail, first-class
postage prepaid to the following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: (Public Works Department)
B. Republic Elevator Company P. O. Box 1222
Goleta CA 93116
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
9 9
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.
6.11 DUE AUTHORITY: The parties hereby represent that the individuals
• 6
018
executing this agreement is expressly authorized to do so on and in behalf of the
parties. •
6.12 CONSTRUCTION: The parties agree that each has had an opportunity to
have their counsel review this agreement and that any rule of construction
to the effect that ambiguities are to be resolved against the drafting 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: CITY OF ATASCADERO
By:
Marcia McClure Torgerson J. Michael Arrambide .
City Clerk Mayor
APPROVED AS TO FORM:
By:
Roy A. Hanley Contractor
City Attorney
APPROVED AS TO FORM:
Rachelle Rickard
Administrative Services Director
7 •
019
• EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE CONTRACTOR
Contractor shall provide services to City as follows:
ELEVATOR CONTROL SYSTEM MODERNIZATION PROJECT
SCOPE OF WORK
Modernize the control systems on an existing single-door, five-stop elevator. Listed
below is technical information about the specific elevator:
Location: 6500 Palma Avenue, Atascadero CA.
Description: Passenger ( single door with 5 stops)
State Elevator#: 032027
Load Permissible: 1,500 pounds
Power: AC 1,2 speed
Type of Machine: Overhead Traction
Existing Control Type: Collective/ Selective
• The contractor will be required to furnish and install the following:
1. A new microprocessor control system using a variable frequency drive using the
existing AC hoists motor. The microprocessor must be non-proprietary and meet
all current State of California regulations.
2. This installation will include all new wiring, and the removal and disposal of
unused equipment.
3. The installation will also include a new top-of-car selector and slow down system
and limit switches.
4. The existing DC brake system will be replaced with a compatible AC brake
system.
5. The installation will be compatible with the existing hoist motor and door operator
equipment.
6. Replace all of the existing Hall call panels and the Car operating panel (COP)
with panels that are compliant with all related requirements of the Americans
With Disabilities Act (ADA). The COP must have lockout key capability for all
stops.
7. Install ADA compliant auditory and visual signals in the car and all five stops.
• g
020
THE FOLLOWING REQUIREMENTS APPLY TO ALL WORK COMPLETED BY THE •
CONTRACTOR:
All equipment and renovations must meet all current State of California regulations and
comply with all mandates specified within the Americans with Disabilities Act.
The Contractor will furnish all labor, materials, equipment, and necessary liability
insurance coverage to complete the elevator control system modernization.
The Contractor must complete the entire elevator control system modernization project,
using trained employees directly employed by and/or supervised by the Contractor.
Employees shall be qualified and licensed by the State of California to provide the
services requested in this RFQ.
All work is to be performed in an expedient manner to enable the equipment to be used
during business hours whenever possible.
Upon completion of this work the contractor will conduct a final inspection with the State
of California to obtain a license for the elevator. All materials, parts and labor must be
guaranteed for one (1) year for the specified electric passenger elevator located in the
City of Atascadero Administration Building, 6500 Palma Avenue, Atascadero, California.
This Contractor will, at his own expense, provide an examination, re,adjustmentair •
1 p
and/or replacement on all relative elevator control system adjustment, repair and/or
replacement on all relative elevator control system operating equipment, thirty days
following the completion of the modernization project. In addition, the contractor will, at
his expense, respond within 24 hours, during the warrantee period, to calls for service
from the City of Atascadero related to the elevator control system modernization project
described in the Scope of Work listed above.
9 •
021
• EXHIBIT B
CONSIDERATION FOR SERVICES
Contractor shall be paid as follows:
The City agrees to pay Republic Elevator Company fifty-eight thousand, three
hundred dollars, ($ 58,300.00) within thirty (30) days of the completion of the Scope of
Work specified in Exhibit A.
•
• 10
022
ITEM NUMBER: A-3
DATE: 03/13/2001
MA
1818 p, r-r9
Atascadero City Council
Staff Report - Community Services Department
Assignment of the Equipment Rental Concessions Lease
at Atascadero Lake Park
RECOMMENDATION:
Council authorize the City Manager to sign the Consent to Assignment with Lloyd Reeves for
Equipment Rental Concessions Lease at Atascadero Lake Park
DISCUSSION:
After a year of soliciting buyers, Bill Rabenalt, owner and operator of Atascadero Lakeside
Rentals has sold his boats, bicycles and related concession equipment to Lloyd Reeves of Morro
Bay. Bill Rabenalt has one year, plus an optional three additional years upon mutual consent,
left on the lease for the Concessions rights to rent watercraft, bicycles and related recreational
equipment at Atascadero Lake Park.
Lloyd Reeves is requesting that the City of Atascadero assign him the remaining terms of the
Equipment Rental Concessions Lease at Atascadero Lake Park, currently assigned to Bill
Rabenaldt. Lloyd Reeves currently runs, owns and operates a Kayak rental bu$iness in Morro
Bay and would like to expend his business to Atascadero Lake. Lloyd Reeves currently
contracted with the City of Morro Bay for his boat concessions business and is familiar with the
Atascadero Lake paddleboat operation.
Staff recommends the approval of this Consent to Assignment due to Mr. Reeves' experience in
the boat rental business.
FISCAL IMPACT: No fiscal impact
ALTERNATIVES: No Alternative.
ATTACHMENTS:
1. Consent to Assignment
2. Letter from Bill Rabenaldt
3. Atascadero Lake Paddleboat Concessions Agreement
025
CONSENT TO ASSIGNMENT
The City of Atascadero hereby consents to the assignment to Lloyd Reeves of the
contract involving the City of Atascadero and Bill Rabaenaldt for the lease of premises
and operation of a concession at Atascadero Lake Park. The contract is attached
hereto as an exhibit and included as though fully set forth herein.
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: (Public Works Department)
B. Lloyd Reeves 699 Embarcadero #9
Morro Bay CA 93442
Executed on 2001, at Atascadero,
ATTEST: CITY OF ATASCADERO
By:
Marcia McClure Torgerson J. Michael Arrambide
City Clerk Mayor
APPROVED AS TO FORM:
By:
Roy A. Hanley Lloyd Reeves
City Attorney
APPROVED AS TO FORM:
Rachelle Rickard
Administrative Services Director
1
026
11,25/2000 12:08 8057735518 RASENALDT PAGE 01
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Bill Rabenaldt
• 150 Hinds Avenue
Pismo Beach CA 93449
Phone/Fax (805) 773-551.8 !
I
November 29,2000
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Attn: Geoff English
City of Atascadero
6500 Palma Avenge
Ataseadero CA 93422
I
Dear Geoff,
Please accept this letter as formal notification of the sale of my business, L�keSide
Rentals at Atascadero Lake Park, to Lloyd Reeves.
I hereby release all interests in the boating and supportive equipment and the 10' Y
20' foot building located at and on the lake dock.
i
to addition, I am requesting that the City of Atascadero release me from o�r
agreement in favor of Lloyd Reeves. j
I have enjoyed our relationship over the years and wish Lloyd the best of luck.
• Should you have any questions or require any additional information, P lea$e call at
any time.
(;I rely,
i
analdt
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027
Contract No. 97010
AGREEMENT FOR SERVICES BY CONTRACTOR
PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION
OPERATION AT ATASCADERO LAKE PARR
APRIL 26, 1997 - DECEMBER 31, 2001
This agreement is made upon the date of execution, as set
forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH"
hereinafter referred to as "Contractor" , and the City of
Atascadero, California, a Municipal Corporation, hereinafter
referred to as "City. " The parties hereto, in consideration of
the mutual covenants contained herein, hereby agree to the
following terms and conditions:
1.00 GENERAL PROVISIONS
1 . 01 TERM: This agreement will become effective on the
date of execution set forth below, and will continue in
effect until terminated as provided herein.
1 . 02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide the services specified in
"Description of Services" attached hereto as "Exhibit A"
hereby incorporated herein.
Contractor shall determine the method, details and means of
performing the above-referenced services..
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the
services required of Contractor by this agreement. City may
not control, direct or supervise Contractor's assistants or
employees in the performance of those services .
1 . 03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In
consideration for the terms of this agreement, the
contractor will pay the City an annual flat fee and percent
of the total gross earnings monthly of all monies from sakes
received by the Contractor from the use of the equipment and
premises described in this contract. The annual flat fee and
percentage will be paid according to the "Exhibit B" . Gross
earnings shall not include any sales or excise taxes imposed
by any governmental entity.
Payment to the City of Atascadero of the monthly flat fee
payment and the percentage gross of earnings received shall
be made by the tenth (10th) day of each month. Payments are
required to be submitted to the City of Atascadero, •
Department of Community Services, Room 107, Atascadero,
California (Attention: Geoff English, Recreation
Supervisor) .
1 02$-
Payments received from the tenth (10th of each month
twenty-fifth (25th) of each month shall be considered to the
delinquent and assessed a' ten percent (10%) penalty.
Payments received after .the twenty-fifth (25th) of each
month shall be assessed an additional ten percent (10%)
penalty.
Failure by the Contractor to tender payment to the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this agreement.
1.04 LOCATION: Premises of operations is the boat docks
located adjacent to Atascadero Lake in Atascadero Lake Park,
9315 Pismo Avenue, Atascadero, California.
1. 05 SUBLEASE: Contractor shall not sublease or otherwise
convey any interest of any sort granted by this agreement to
any -person or persons whatsoever without prior written -
consent and approval by the City.
1 . 06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all of its business
transactions in separate records of account for the
concession operation, in a manner acceptable to the City.
• the City shall have the right, through its representatives,
and at all reasonable times, to inspect such books and
records, including State of California sales tax records.
The City may require Contractor, at his expense, to have his
records and accounts audited by an auditor acceptable to the
City and shall present said audit -to the Director of
Administrative Services within thirty (30) days after the
completion of the audit. If Contractor fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor's expense.
1 .07 CONDITIONS OF PREMISES: The taking of possession of
the subject premises by Contractor shall, in itself,
constitute acknowledgement that the premises are in good and
tenantable condition. Contractor agrees to accept said
premises in the present existing condition, "as is" and the
additions, or betterments thereto.
Contractor may construct or modify the said premises with
prior written approval by the Director (or designee) of the
Department of Community Services. Any plans for such
• construction, if applicable shall be submitted to the City
for approval. Such construction or modification shall be
without cost to the City.
2 029
1.08 . SIGNAGE: All signs, names or placards shall be
approved by the Department of Community Services prior to
installation.. All signs must meet all requirements and
specifications as set forth by the City.
1 . 09 . DAMAGE TO/DESTRUCTION OF PREMISES Should the subject
premises or the building and other improvements in which the
subject premises are situated be totally or partially
damaged or destroyed, the City shall promptly repair the
same, except that the City shall have the option to.
terminate this Agreement if (a) the subject premises or the
building and improvements in which the promises are situated
cannot reasonably be expected to be restored under existing
law to substantially the same condition as existed prior to
such damage or destruction within ninety (90) days from the
date that the insurance proceeds become available to the
City; or (b) if the costs of such restoration would exceed
one-half ( 1/2 ) of the full insured value of the building- and
other improvements in which the subject premises are
situated; or (c) if the damage or destruction results from a
casualty not customarily insured against by a policy of
standard fire and extended coverage insurance having
vandalism and malicious mischief endorsements. Any notice
of termination given here shall be given to Contractor with •
fifteen ( 15) days after City determines the period of time
required for and the estimated cost of such repair or
restoration.
2.00 OBLIGATIONS OF CONTRACTOR
2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services
set forth in this agreement in an efficient and effective
manner. Contractor may represent, perform services for and
be employed by additional individuals or entities, in Con-
tractor's_ sole discretion, as long as the performance of
these extra-contractual services -does not interfere with or
presents. a conflict with City's business.
2 . 02 HOURS OF OPERATION: Hours of operation to be
established by Contractor upon mutual agreement with the
Director (or designee) of the Department of Community
Services .
2 . 03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License and a Board of Equalization Certificate.
2 . 04 TAXES: Contractor agrees topay a all lawful taxes, •
assessments or charges which may be levied by government
entities.
3 030
•• 2 . 05 EQUIPMENT:
Contractor, at his own expense, shall '
completely equip the concession and keep all equipment in a
good repair and in safe operating condition in a manner to
satisfy of the Department of Community Services throughout
the term of this contract. Daily inspections of the
contractors equipment must be maintained. and available for
review upon request of the City of Atascadero.
Contractor shall have a right to use five (5) City owned
paddle boats and floating dock area. In addition, the
Contractor shall have the right to use a fenced cemented
area directly in front of the floating dock area.
2 . 06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES
The City has the right to inspect and schedule the prices
and rates of goods sold upon the subject premises. The City
reserves the right to prohibit the sale of any item which it
deems objectionable or beyond the scope of merchandise/
deemed necessary for proper service to the public.
Contractor shall post rates and prices of all items in such
places as designated by the City.
2 . 07 SECURITY / COMMUNICATIONS• The contractor agrees to
• provide telephone and security alarm services to concession
throughout the duration of this contract at contractor's
expense.
2 . 08 . TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services
under this agreement.
2 . 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor
and Contractor's employees and agents has no right to work-
er's compensation and other employee benefit. If any .worker
insurance-protection is desired, Contractor agrees to
provide worker's compensation and other employee benefits, _
where required by law, for Contractor's employees and
agents. Contractor agrees to hold harmless and indemnify
City for any and all claims arising out of any claim for
injury, disability, or death of any of Contractor and Con-
tractor's employees or agents.
2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its elective and appointive boards, of-
ficers, agents and employees, harmless and shall defend the
same from any liability for damage or claims for damage, or
• suits or actions at law or in equity which may allegedly
arise from Contractor's or any 'of Contractor's employees' or
agents' operations under this agreement, whether such opera-
4 031
tions be by Contractor or by any one or more persons direct-
ly or indirectly employed by, or acting as agent for, Con-
tractor; provided as follows:
a. That the City does not, and shall not, waive any rights
against Contractor which it may have by reason of the
aforesaid hold-harmless agreement, because of the
acceptance by City, or the deposit with City by
Contractor, of any of the insurance policies
hereinafter described.
b. That the aforesaid hold-harmless agreement by
Contractor shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations
of Contractor or any agent or employee of Contractor
regardless of whether or not such insurance policies
shall have been determined to be applicable to* any -of
such damages or claims for damages.
2 . 11 INSURANCE: Contractor shall not commence work under
this contract until s/he shall have obtained all insurance
required under this section and such insurance shall have
been approved by City as to form, amount and carrier: •
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, the amounts of such insurance shall be as_:
follows :
( 1) Public Liability Insurance.
In an amount not less than $500,000 per injury,
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 $1,000,000 on
account of any one occurrence;
(2) Property Damage Insurance. •
In an amount of not less than $50,000 for damage
to the property of each person on account of any
one occurrence.
5 03-2
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(3) Comprehensive Automobile Liability,
Bodily injury liability coverage of $500,000. for
each person in any one accident and $1,000,000 for
injuries sustained by two or more persons in any
one accident. Property damage liability of
$50,000 for each accident.
.(4 ) Worker's Compensation insurance
In the amounts required by law, if applicable.
b. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage
of the insurance required, and adequate legal assurance
that each carrier will give City at least thirty (30)
days ' prior notice of the cancellation of any policy
during the effective period of this contract'. The
certificate or policy of liability of insurance shall
name City as an additional insured with the Contractor.
2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided
in this Agreement, Contractor, at its own cost and expense
agrees :
a. To maintain throughout the agreement term in good
sanitary order, condition, and repair, all
portions of the leased premises, including,
without limitation, (a) the five (5) City-owned paddle
boats, the floating dock area and the fenced, cemented
area directly in front of the floating dock (b) any
personal property of the Contractor situated in or upon
the subject premises;
b. To notify the City promptly of any damage to the .
subject premises situated resulting from or
attributable to the acts or omissions of the
Contractor, its invitees or its authorized
representatives, and thereafter promptly to repair all
such damage at Contractor's sole cost and expense.
C. Contractor waives the provisions of Section 1941
and 1942 of the California Civil. Code with respect
to Contractor's right to make repairs and to deduct
the expenses thereof from the monthly payment payable
by the Contractor.
• 2 . 13 UTILITIES: Contractor shall pay the actual utilities,
including water, gas, and heat, light and power supplied to
the subject premises. There are customary and reasonable
6 - 033
charges one would expect to pay for these services. The •
contractor agrees to pay their fair share of all utilities
including water, gas, heat, light and power supplied. to
subject premises, based on the percentage of square feet of
subject premises compared with the utility charges for the
entire building site, up to a maximum charge of $200 . 00 per
month. The charges will -be billed to the Contractor
monthly, and payable to the City of Atascadero. Contractor
shall make all arrangements for and pay the charges when due
for telephone service.
The suspension or interruption in utility service to the
leased premises for reasons beyond the ability of City to
control shall not constitute a default by City or entitle
Contractor to any reduction or abatement of the monthly
payment due to the City.
3.00 OBLIGATIONS OF CITY
3 . 01 COOPERATION: City agrees to comply with all
reasonable requests of Contractor necessary to the
performance of Contractor's duties under this agreement.
3 . 02 PLACE OF WORK: City agrees to furnish the use of the •
floating docks located in Atascadero Lake Park use by the
Contractor while performing the services described within
this contract.
4 .00 TERMINATION OF AGREEMENT
4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision of this agreement, any party hereto may terminate
this agreement, at any time, without cause by giving at
least thirty ( 30 ) days prior written notice to the other
parties to this agreement.
4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
( 1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4 ) The end of the thirty (30) days as set forth in this
agreement
(5) End of the contract to which Contractor's services were
necessary; or •
(6) Assignment of this agreement by Contractor -without the
consent of the City.
7 034
4 .03 TERMI
NATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: '
Should any party default in the performance of this agree-
ment or materially breach any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4 .04 TERMINATION: This Agreement shall terminate on
Decmeber 31, 2001, unless extended as set forth in this
Section. The City, with the agreement of the Contractor, is
authorized to extend the term if this Agreement beyond the
termination date, as needed, under the same terms and condi-
tions set forth in this Agreement. Any such extension shall
be in writing and -be an amendment to this Agreement.
4 .05 REMOVAL OF ALTERATIONS: City, by giving written notice
to Contractor within thirty (30) days before the expiration
or termination of the agreement, may elect to require _
Contractor, at its sole cost and expense, to remove the
alterations specified by City in its notice, and ' shall make
such repairs necessitated by the removal of said
alterations, and any damage resulting therefrom, 'as may be
necessary to restore the subject premises to good condition
and repair, excepting only reasonable wear and tear, before
. the last day of the lease term or within thirty (30) days of
the City's notice. This stipulation will not affect any
improvements agreed to by the Director of Community
Services, as described in Section 1. 07 of this agreement.
5.00 MISCELLANEOUS
5 . 01 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
addition to, all remedies now or hereafter allowed by law or
equity.
5 . 02 NO WAIVER: The waiver of any breach by any party of
any provision of this agreement shall not constitute a con-
tinuing waiver or a waiver of any subsequent breach of this
agreement.
5 .03 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.
5.04 ATTORNEY FEES: In the event of any controversy, claim
• or dispute between the parties hereto, arising out of or
relating to this agreement, or the breach thereof, the pre-
vailing party shall be entitled, in addition to other such
8 035
relief as may be granted, to a reasonable sum as and for
attorney fees.
5.05 TIME FOR PERFORMANCE: Except as otherwise expressly
provided for in this agreement, should the performance of
any act required by this agreement to be performed by either
party be prevented or delayed by 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; pro-
vided, 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 dif-
ficult or impossible solely because of the financial condi-
tion of .the party required to perform the act. -
5 . 06 NOTICES: Except as otherwise expressly provided by
law, any and all notices or other communications required or
permitted by this agreement or by law to be served on or
given to any party to this agreement shall be in writing and
shall be deemed duly served and given when personally deliv- •
ered 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
Department of Atascadero, CA. 93422
Community Services Attention: Recreation
Supervisor
(805) 461-5003 / 461-5002
B. CONTRACTOR -
BEACH CYCLE RENTALS 150 Hinds Avenue
Pismo Beach CA 93449
Attention: Bill Rabenaldt
(805) 773-5518
5 .07 GOVERNING LAW: This agreement and all matters
relating to this agreement shall be governed by the laws of
the State of California in force at the time any need for •
the interpretation of this agreement or any decision or
holding concerning this agreement arises.
9 - 03b
• 5.08 -
BINDING EFFECT. This agreement shall be binding on
and shall inure to the benefit of the heirs, executors, ad-
ministrators, successors and assigns of the parties hereto,
but nothing in this Section shall be construed as a consent
by City to any assignment of this agreement or any interest
in this agreement.
5 . 09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a legis-
lative or rule making 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.
5 . 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole and entire agreement between the parties with
respect to the subject matter hereof. This agreement
correctly sets forth the obligations of the parties hereto
to each other as of the date of this agreement. All
agreements or representations respecting the subject matter
of this agreement not expressly set forth or referred to in
this agreement are null and void.
5 . 11 TIME: Time is expressly declared to be of the essence
of this agreement.
5 . 12 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 .
5 . 13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and
that any rule to the effect that ambiguities are to be
resolved against the .drafting shall not apply in the
interpretation of this agreement or any amendments or
exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be
construed- to define or limit the provisions to which they
relate.
5. 14 AMENDMENTS: Amendments to this agreement shall be
made only with the mutual written consent of all of the
parties to this agreement.
•
10 , 037
Executed on April 8 , 1997, at Atascadero, California.
Attest: qMayor
TA CADERO
By,
MARCIA -TORG RSON NS N
City Clerk
Approvedas to form:
ROY LEY, CONTRACTOR -
Ci Attorney
•
•
11 038
• EXHIBIT _ .
A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor shall provide consultation and professional management
services to City as follows:
The Contractor shall utilize said premises for the following
purposes:
A. Premises shall be used for the purpose of renting paddle
boats, appropriate watercraft, bicycles and other
mutually agreed upon recreational equipment.
B. Furnish and install at his own expense, all necessary
equipment required for proper service to the general public.
C. The storage and service thereof shall be in an area approved
by the Director of Community Services.
D. Furnish and maintain proper facilities, equipment and
devices for the concession as herein provided.
40. Operate the facility in a business-like manner to the
satisfaction of the Department of Community Services, and
maintain said areas in conformance with the highest
standards of health and safety for patrons of said
operation. -
F. All items to be sold shall be approved by the Department of
Community Services . No food or beverages may be sold.
C: \WP51\CNTRCTS\NCIINC96 .LEA
•
039
EXHIBIT B •
CONTRACTOR PAYMENT SCHEDULE
Contractor will pay the City Annually:
YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS
1997 $ 2,000.00
5 %
1998 $ 2,500.00
6 $
1999 $ 2,500. 00
7 $
2000 $ 2,500.00
8 $
2001 $ 2,500.00
9 %
C: \WP51\CNTRCTS\NCIINC96.LEA
•
•
040
RESOLUTION NUMBER 21-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BEACH CYCLE . RENTALS OF PISMO BEACH
FOR
CONCESSIONAIRE RIGHTS AT ATASCADERO LAKE PARR TO RENT WATERCRAFT,
BICYCLES AND RELATED RECREATIONAL EQUIPMENT
The City Council of the City of Atascadero, California, hereby
resolves as follows :
1 . The Mayor is hereby authorized to execute an ' agreement
with Bill 'Rabenaldt of Beach Cycle Rentals of Pismo Beach
for concessionaire rights to rent watercraft, bicycles
and related recreational equipment at Atascadero Lake.
• 2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3 . The City Accountant is hereby authorized to appropriate
funds, if necessary; release and expend funds; and issue
warrants to comply with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 8th of April, 1997 .
ATTEST: CITY OF CAD RO
I4ARCIA M. TORS"PERSON, ity Clerk RAY JOHNS N Mayor
APPROVED AS TO _ORM:
qf (/ ,
ROY . HANLEY, City ttorney
•
041
ITEM NUMBER: A-4
DATE: 03/13/2001
n
we
19181 ^ p 1979
Atascadero City Council
Staff Report - Public Works Department
El Camino Real Widening Project
Bid No. 2000-02
RECOMMENDATION:
Council:
1) Accept Souza Construction, Inc. work as complete; and
2) Authorize the Administrative Services Director to appropriate an additional $60,277.91
from Fund 281 (Street and Bridge Fee)to this Project account; and
3) Authorize the Contract Change Order # 1 with Souza Construction, Inc. for $83,875.76;
and
4) Authorize the Administrative Services Director to release the project retention of
$25,017.58.
DISCUSSION:
The improvements included in the project on El Camino Real between San Anselmo Avenue and
Maya Court are: The widening of this portion of El Camino allowed for the extension of the
existing two-way left-turn lane. A new two-way left-turn lane now provides storage for vehicles
making left turn movements from El Camino Real to adjacent businesses and residences
reducing the accident potential in the area.
On September 12, 2000, Council authorized the execution of an agreement with Souza
Construction, Inc. to construct the El Camino Real Widening Project. The Project was started in
November 2000 and construction was completed at the end of January 2001.
Atascadero Mutual Water Company was replacing a water line at the same time and location as
the City was improving the road. This was planned so that the new asphalt would not have to be
cut to install the water line. Souza Construction worked very closely with the Water Company's
contractor to insure a cost effective and quality project for the public. Due to this, Souza
performed some work that the Water Company has agreed to pay for. Staff is preparing a claim
with the Water Company for approximately $10,000.00 to pay for this work. These funds will be
placed back in the Street and Bridge Fee account when they are received.
Information discovered during construction required changes in design and increases in labor and
material quantities. The main causes of the increases were poor existing soil conditions and a
042
ITEM NUMBER: A-4
DATE: 03/13/2001
high water table. Listed below are details of the changes in the project:
• Increase in road structural section from 3" asphalt over 8" aggregate base to 4" asphalt over
10" aggregate base due to soil "R"value.
• Remove liquefied soil and replace with aggregate base.
• Remove soil and replace with road drain system.
• Atascadero Mutual Water Company work included: paving, relocation of water services,
raising water valves and damage caused by a water main break.
• Utility relocation
• Changes to the storm drain inlet and pipe design.
• Increased grading and driveway paving.
• Changes in street striping.
Council was not notified of these changes, prior to the work being authorized, because the
conditions were discovered as the contractor was working.
The environmental mitigation for the project required planting of oak trees along El Camino Real
to mitigate for the removal of oak trees. The City is working with the local property owners to
identify receiver sites for the trees. This work will be completed this spring.
Contract Change Order No. 1 and adjustments were made to unit quantities, bringing the total
contract price to $250,175.76 from $166,300.00. The City Engineer has reviewed the completed
improvements by Souza Construction, Inc. and has found them to be in substantial conformance
with the project plans and specifications as changed.
FISCAL IMPACT:
PROJECT FUNDING
Fund 281 — Streets and Bridges Fees (already allocated) $13,950.00
Fund 281 - Streets and Bridges Fees (allocation requested) $60,277.91
Fund 310 - State Transportation Improvement Program (STIP) $228,500.00
TOTAL CONSTRUCTION FUNDING $302727.91
PROJECT EXPENDITURES
Construction $250,175.76
Design $15,000.00
Right of Way Acquisition $4,000.00
Environmental Mitigation and Erosion Control $10,000.00
Contract Administration, Construction Engineering and Inspection $23,552.15
TOTAL CONSTRUCTION EXPENDITURES $302727.91
ATTACHMENTS: Notice of Completion
Contract Change Order No. # 1
043
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 full 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 January 9,
2001.
6. The work done was the EI Camino Real Widening Project (City Bid No. 2000-02).
7. The name of the contractor who performed such work of improvement was Souza
Construction, 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\CC ECR Widening notice of Comp.doc 044
e
CITY OF ATASCADERO
COMMUNITY SERVICES DEPARTMENT
1979 6500 PALMA AVENUE,ATASCADERO,CA 93422 •
Telephone:(805)461-5020 • Far:(805)461-7615
CONTRACT CHANGE ORDER
No.: CCO-01
Project: EI Camino Real Widening Project
Bid No.: 2000-02
Date of Issuance: February 20, 2001
Contractor.• Souza Construction, Inc.
You are hereby directed to make the following changes in the Contract Documents.
Revise the contract documents per Attachment A
Purpose of Change Order.•
Extra Work Items added to contract, and adjustments made to final contract amounts.
Attachments:
Attachment A - Change Order Itemization
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price Original Contract Time
$166,300.00 40 working days •
Previous Change Orders, (None) Net Change from previous Change Orders
None 0 working days
Contract Price prior to this Change Order Contract Time prior to this Change Order
$166,300.00 40 working days
Net Increase (Decrease) of this Change Net Increase (Decrease) of this Change
Order Order
$83,875.76 0 working days
Contract Price with all approved Change Contract Time with all approved Change
Orders Orders
$250,175.76 40 working days
Recommended by: Approved by: Accepted by:
Souza Construction, Inc.
Steven B. Kahn Wade G. McKinney (signature)
Public Works Director City Manager
(printed name)
•
CITY OF ATASCADERO CHANGE ORDER NO.CCO-01
EI Camino Real Widening Project PAGE 1 OF 3 Pages
045
CITY OF ATASCADERO
DEPARTMENT OF PUBLIC WORKS
• goes ow h 6500 PALMA AVENUE,ATASCADERO, CA 93422
Telephone:(805)461-5020 ' Fax:(805)461-7615
Ilia % 1976
ATTACHMENT A
CHANGE ORDER NO. CCO-01
EL CAMINO REAL WIDENING PROJECT
BID NO. 2000-02
It is mutually agreed by and between the City and the Contractor that the following changes are hereby made to the contract
documents, special provisions and plans. Numbers in parenthesis designate a reduction on the contract price.
I. EXTRA WORK ADDED TO CONTRACT:
DESCRIPTION AMOUNT
Additional grading -483 c.y. @$20.00 $9,660.00
Extra Work Billing, dated 1/3/01 (see attached breakdown of costs and documentation) $8,282.00
Extra Work Billing, dated 1/17/01 (see attached breakdown of costs and documentation) $27,050.81
Striping $5,070.06
Extra Work Billing, dated 2/16/01 (see attached breakdown of costs and documentation) $10,086.17
TOTAL EXTRA WORK: $60,149.04
•I1. ADJUSTMENTS TO FINAL CONTRACT AMOUNTS:
BID ITEM DESCRIPTION ADJUSTMENT
3 Asphalt Concrete INCREASE by 325.63 Tons $16,281.50
4 Aggregate Base INCREASE by 895 Tons $14,320.00
5 AC Dike INCREASE by 114 L.F. $456.00
6 Conc Curb &Gutter DECREASE by 33 L.F. ($610.50)
7 Conc Sidewalk DECREASE by 995 S.F. ($3,482.50)
8 Conc Driveway Approach INCREASE by 372.5 S.F. $2,235.00
11 Adj Water Valve Box/Monument Well DECREASE by 5 Each ($850.00)
12 Relocate Water Meter Assembly DECREASE by 7 Each ($3,605.00)
13 Relocate Fire Hydrant Assembly DECREASE by 2 Each ($1,820.00)
14 Relocate Mail Box INCREASE by 1 Each $187.00
18 Relocate Post and Rail Fence INCREASE by 10 L.F. $155.00
22 Traffic Stripe, Detail 9 INCREASE by 475 L.F. $85.50
23 Traffic Stripe, Detail 22 INCREASE by 112 L.F. $44.80
24 Traffic Stripe, Detail 27B INCREASE by 40 L.F. $12.80
25 Traffic Stripe, Detail 32 DECREASE by 130 L.F. ($39.00)
26 Traffic Stripe, Detail 38A INCREASE by 140 L.F. $113.40
27 Traffic Stripe, Detail 39 INCREASE by 421 L.F. $134.72
30 Pavement Markers INCREASE by 24 Each $108.00
• ADJUSTMENT TO CONTRACT PRICE: $23,276.72
CITY OF ATASCADERO CHANGE ORDER NO.CCO-01
EI Camino Real Widening Project PAGE 2 OF 3 Pages 046
TOTAL CONTRACT CHANGE ORDER NO. 1:
I. EXTRA WORK ADDED TO CONTRACT: $60,149.04 •
II. ADJUSTMENTS MADE TO FINAL CONTRACT AMOUNTS: $23,276.72
NET INCREASE THIS CHANGE ORDER: $83,875.76
Accepted by:
SOUZA CONSTRUCTION, INC.
(signature) (date)
(printed name)
•
•
CITY OF ATASCADERO CHANGE ORDER NO.CCO-01
EI Camino Real Widening Project PAGE 3 OF 3 Pages 047
ITEM NUMBER: B- 1
DATE: 03/13/2001
Y
1918 P 1979
Atascadero City Council
Staff Report - Public Works Department
2001 Community Development Block Grant Allocation
RECOMMENDATION:
Council direct staff to forward to the County Board of Supervisors allocation recommendations
for the 2001 Community Development Block Grant(CDBG) funds as follows:
Public Facilities
North County Women's Resource Center/Shelter—Bathroom Renovation 3,000
E.O.C. —Head Start Building Renovation 23,000
City of Atascadero—Infrastructure Improvements—Low/Mod Income Area 105,600
Food Bank Coalition of San Luis Obispo—Warehouse Purchase 24,000
Public Services—Maximum 15% = $38,575
Homeless Housing Project—Motel Voucher Program 7,500
El Camino Homeless Organization—Office Equipment and Supplies 5,000
Community Services Foundation—Youth Scholarships 6,500
E.O.C. —Forty Wonderful Program—Health Screening 2,000
E.O.C. - Senior Health Screening 2,000
Creative Alternative for Living and Learning (C.A.L.L.)—Washing Machine 442
Creative Alternative for Living and Learning (C.A.L.L.)—Dishwasher 805
Creative Alternative for Living and Learning (C.A.L.L.)-Gas Ranges (2) 942
Housing
E.O.C. —Home Repair Program 25,000
Administration
City Program Administration Costs—Maximum 20% 51,373
Total 2001 CDBG Grant Funds Available $257,162
DISCUSSION:
Background: Preparation of the 2001 CDBG Consolidated Plan began in the fall of 2000.
Workshops were held throughout the County to solicit public comment on community needs.
The County published a request for CDBG and HOME Investment Partnership Act (HOME)
4
ITEM NUMBER: B- 1
DATE: 03/13/2001
proposals. The City received 19 applications for CDBG funds (no requests for HOME funds
were received)totaling $991,888. The City has $257,162 in CDBG funds available.
CDBG funds are available for community development activities, which meet at least one of the
three national objectives:
1. A benefit to low and moderate income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and immediate threat to the health or welfare of the
community.
In order for a program to qualify under the low and moderate income objective, at least 51% of
the persons benefiting from the project or program must earn no more than 80% of the area
median. Additionally, at least 70% of the CDBG funds must be spent toward this objective.
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of the HUD
CDBG program.
2. The proposal is consistent with the Urban County Consolidated Plan.
3. The proposal is consistent with the General Plan and other City codes/ordinances.
4. The proposal will achieve multiple community development objectives.
5. The proposal can be implemented in a timely manner, without significant environmental,
policy, procedural, legal, or fiscal obstacles to overcome.
6. The project is not financially feasible without CDBG funding.
Summary
The following is a summary of each application received:
Recommended for Fundinz:
North County Women's Resource Center—Restroom Renovation
Funds Requested: $3,000
Recommended Funding: $3,000
North County Women's Resource Center provides assistance to women and children who are
victims of domestic violence. Grant funds would be used for renovation of two restrooms which
have deteriorated due to age and water damage.
Economic Opportunity Commission—Head Start Facility
Funds Requested: $23,000
Recommended Funding: $23,000
049
ITEM NUMBER: B- I
DATE: 03/13/2001
• E.O.C. operates a Head Start program at 965 El Camino Real. They have leased this property
since 1967 and have recently obtained funding to purchase the site. E.O.0 has also received a
Head Start Program Improvement Grant for renovation of the site. Total project costs are
$148,550.
City of Atascadero—Infrastructure Improvements—Low Income Area
Requested Funding: $200,000
Recommended Funding: $105,600
This area is located in a geographic area that is predominantly low and moderate income. An
area-wide project to correct and improve drainage would safeguard homeowners from flooding
as well as protect property values from falling.
Food Bank Coalition of San Luis Obispo County—Warehouse Purchase
Requested Funding: $ 24,000
Recommended Funding: $24,000
The Food Bank Coalition is a private, non-profit organization that distributes food to low income
citizens. They currently operate out of rented space in Paso Robles and are requesting funds to
• purchase a larger facility in Paso Robles. Total CDBG funds requested from the participating
agencies is $300,000. The share requested from each agency is based upon the qualifying
population of that jurisdiction.
Homeless Housing Project—Emergency Shelter Program
Requested Funding: $24,000
Recommended Funding: $7,500
The Homeless Housing Project is requesting funds to continue their Motel Voucher Program.
This program enables homeless persons to stay in motel rooms for limited periods until more
permanent shelter can be arranged.
El Camino Homeless Organization—Homeless Dav Center
Requested Funding: $66,700
Recommended Funding: $5,000
ECHO is a new organization attempting to establish a facility to provide meals, showers and
laundry facilities for homeless individuals. They propose to provide space for clients to meet
with counselors, housing specialists, medical personnel and volunteers. Funds are requested for
• rent, operating expenses and salaries for crisis intervention workers.
Recommended funding in the amount of$5,000 would allow for the purchase of computers and
office furniture to enable volunteers to provide outreach services to the homeless population.
050
ITEM NUMBER: B- 1
DATE: 03/13/2001
Ata cadero Communi tyServices Foundation—Youth Activity Scholarship Fund •
Requested Funding: $6,500
Recommended Funding: $6,500
The Community Services Foundation has established a scholarship fund to assist families of low-
income youth to participate in recreational and social activities. Because this program is limited
to low income youth, the benefit criteria will be met.
Economic Opportunity Commission—Forty Wonderful Program
Requested Funding: $2,000
Recommended Funding: $2,000
E.O.C. is requesting funding from all agencies for the "Forty Wonderful Program" which is
designed to improve access to medical services, early detection and intervention of chronic
diseases and reduce mortality for low-income women age 40 and older.
Economic Opportunity Commission—Senior Health Screening
Requested Funding: $2,000
Recommended Funding: $2,000 •
E.O.C. is also requesting funds from all agencies to support the Senior Health Screening program
for seniors. Funds would cover testing and expenses.
Creative Alternative for Learning and Living Inc. (C.A.L.L.) —Washing Machine
Requested Funding: $442
Recommended Funding: $442
The C.A.L.L. program is a non-profit organization which provides services for adults with
developmental disabilities. This request is for funds to purchase a washing machine for use at
their adult day care facility.
Creative Alternative for Learning and Living, Inc. (C.A.L.L.) — 2 Ranges
Requested Funding: $942
Recommended Funding: $942
This request is for the purchase of two kitchen ranges for their adult day care facility.
•
051
ITEM NUMBER: B- I
DATE: 03/13/2001
• Creative Alternative for Learning and Living, Inc. (C.A.L.L.) - Dishwasher
Requested Funding: $805
Recommended Funding: $805
The C.A.L.L. program is also requesting funds for the purchase of a high temperature dishwasher
for their adult day care facility.
Economic Opportunity Commission-Home Repair Program
Requested Funding: $25,000
Recommended Funding: $25,000
This program provides needed home repairs for lower income families, seniors and disabled
individuals. These repairs include the removal of architectural barriers, roof repairs, plumbing
repairs, etc. EOC has previously received grant awards of $30,000 in 2000, $25,000 in 1999,
$20,460 in 1998, $18,000 in 1997, and $14,570 in 1996.
Not Recommended for Funding this Year
Homeless Housing Project-Permanent Shelter Facility
• Funding Requested: $514,000
Funding Recommended: 0
The Homeless Housing Project is requesting funds to establish a permanent homeless shelter in
the North County. Identical applications have been submitted to the City of Paso Robles and the
County of San Luis Obispo, neither of these agencies are recommending funding during this
cycle. The application indicates the funds are proposed to be used for the acquisition of a site,
site improvements and furnishings, staffing, legal services, a feasibility study and administrative
costs.
Funding is not recommended at this time. This project does not meet the recommended criteria
as it cannot expect to be ". . implemented in a timely manner, without significant environmental,
policy, procedural, legal or fiscal obstacles to overcome. . . ".
Camp Fire - Staff and Supplies
Requested Funding: $1,500
Recommended Funding: 0
Requesting funds for the payment of part-time staff, supplies and scholarships to start a club in
Atascadero.
• Funding is not recommended this cycle. Without an established program and participant income
data we cannot ensure that the program qualifies under the benefit to low and moderate income
individuals. Scholarships are available through the Atascadero Community Services Foundation.
052
ITEM NUMBER: B- 1
DATE: 03/13/2001
•
Creative Alternative for Learning and Living, Inc. (C.A.L.L.)—Van
Requesting Funding : $25,000
Recommended Funding: $25,000
The C.A.L.L. program is also requesting funding for the purchase of a 15 passenger van to
transport their clients to recreational and vocational activities.
Funding is not recommended this year due to limited Public Service funds.
Career Training Center—Medical Assistant Training
Requested Funding: $16,667
Recommended Funding: $0
The Career Training Center is requesting funds to provide scholarships for two students to
participate in their Medical Assistant Training program. $13,950 is requested for the two
scholarships and $2,716 for staff costs to administer program.
Funding is not recommended this year due to limited Public Service funds.
•
Homeless Housing Project—Permanent Shelter Feasibility and Operational Study
Funding Requested: $5,000
Funding Recommended: $0
The Homeless Housing Project is requesting $5,000 to perform a Permanent Shelter Feasibility
and Operational Study. Funds have also been requested from Paso Robles and San Luis Obispo
County.
Funding is not recommended at this time. Several agencies and local organizations are interested
in looking into this issue and a feasibility study may be needed in the future.
FISCAL IMPACT:
The City has $257,162 funds available for award.
ALTERNATIVES:
Council may choose to modify the grant recommendations made by Staff. However, awards
must meet program requirements, providing a minimum of 70% of funding for benefit to low and
moderate income persons, and no more than 15% allocated to public service items. •
ATTACHMENTS: Application Spreadsheet
053
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ITEM NUMBER: B-2
DATE: 03/13/2001
iais' 'ea s �s7s
Atascadero City Council
Staff Report - Public Works Department
Sewer Extension Reimbursement Agreement
Home Depot
RECOMMENDATION:
Council authorize the City Manager to execute a Sewer Extension Reimbursement Agreement
between the City and Home Depot U.S.A., Inc.
DISCUSSION:
A sewer force main and pump station were constructed to serve the new commercial
development on the north end of El Camino Real, Home Depot. This public sewer extension is
idescribed as follows:
1. A sewer pump station designed to accept and convey 252,000 gallons per day of sewage
effluent. Located on El Camino Real near Home Depot.
2. 12,500 linear feet of six-inch sewer force main.
Staff has reviewed the construction of the improvements and found them to be in substantial
conformance with the plans approved by the City Engineer. The effluent is pumped to lift station
#8 and eventually to the wastewater treatment plant. Under this agreement the reimbursement
cost for this portion of the system will be $2.77 per gallon per day. Staff has also reviewed the
proposed method of reimbursement and found that fees will be fairly apportioned on the basis of
benefit.
FISCAL IMPACT:
Reimbursements for the public sewer service extension will be collected by the City at the time
of connection and reimbursed to the Applicant. The City will receive a 2% administration fee
from each reimbursement collected.
ATTACHMENTS: Sewer Extension Reimbursement Agreement
055
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO
AND
HOME DEPOT U.S.A.,INC.
FOR CONSTRUCTION OF
LIFT STATION NO. 13 AND FORCE MAIN SEWER IMPROVEMENTS
THIS AGREEMENT is made this day of , 2001, in San Luis
Obispo County, California, by and between the City of Atascadero, California,
hereinafter referred to as"City", and Home Depot U.S.A., Inc., a Delaware corporation,
hereinafter referred to as"Applicant" with reference to the following recitals.
A. Applicant has developed certain property within the boundaries of the
City, commonly referred to as Parcel 1 of Parcel Map AT 99-164 as
recorded in Book 54 of Parcel Maps at Page 43 in the office of the San
Luis Obispo County Recorder and as shown on Exhibit A, and herein
referred to as the"Property"; and
B. In order to develop the Property, Applicant opted to construct a public
sewer lift station and force main to serve the Property. Said public sewer
extension is described as follows:
1. A sewer lift station designed to accept and convey 250 gallons
per minute of sewage effluent and constructed in accordance
with all City Standards and Specifications.
2. 12,500 linear feet of six-inch PVC sewer force main
constructed in El Camino Real from the aforementioned lift
station on El Camino Real, located approximately 650 feet
north of Santa Cruz Road, to Del Rio Road, and in Del Rio
Road from El Camino Real to San Anselmo Road, in San
Anselmo Road from Del Rio to Estrada Avenue, and in Estrada
Avenue to City Sewer Lift Station No. 8.
C. Said public sewer extension is to be shown on a map attached hereto as
Exhibit B.
056
• D. The Applicant's cost descriptions in construction of the public sewer
PP P
extension are described as follows:
Description Total
Permits $ 6,900
Engineering and Surveying 103,590
Construction 582.979
TOTAL $693,469
E. Applicant has agreed to dedicate, or has dedicated the public sewer extension
to the City.
F. The public sewer extension will serve other landowners within the City of
Atascadero as provided in the rules and regulations of the City.
G. The City will reimburse Applicant for part of Applicant's costs in constructing
the public sewer extension from adjacent landowners as herein provided. The
total reimbursement to the Applicant shall not exceed $670,848 which
represents total project expenses less Administrative Fee and Applicant's
share.
• NOW, THEREFORE, in consideration of the mutual conveyance contained
herein, applicant and City Agree as follows:
1. Term
The term of this agreement shall be for 15 years from the date it is
approved by the City Council of City.
2. Rate of Reimbursement
During the term of this Agreement, the City will reimburse Applicant for
his costs in constructing the public sewer extension from adjacent
landowners pursuant to the methodology described in Exhibit B. Except as
provided below the City will collect said amount from each adjacent
landowner before permitting said owner to connect to the public sewer
extension.
•
057
The City may, upon prior written authorization from the Applicant, allow
for connection to the public sewer extension without reimbursement. In •
this event, the City will be provided the flow data necessary to calculate
the reimbursement amount to be waived. The total amount of
reimbursement due Applicant will be reduced by the amount that would
have been charged pursuant to the methodology described in Exhibit B.
3. Administrative Costs
Two percent(2%)of all monies collected pursuant to this agreement shall
accrue to the City as administrative fees.
4. Conditions of Reimbursement
City's obligation to reimburse Applicant is conditioned on the following:
4.1 Applicant providing City with an engineer's certification that
extensions are constructed in substantial conformance with the
plans and standard improvement drawings submitted to the City.
4.2 The public sewer extension has been inspected and approved by
City.
4.3 Applicable easements have been offered and accepted by the City. •
4.4 Applicant providing the City with a detailed accounting,
satisfactory to the City of the amounts expended for the
construction and installation of the public sewer extension.
4.5 Applicant has provided the City with a maintenance bond, letter of
credit or other financial security satisfactory to the City in a sum
equal to ten percent (10%) of the cost of constructing the public
sewer, extension, or such agreement satisfactory to the City
whereby the Contractor and/or it's surety will repair or replace to
the satisfaction of the City, any and all such work that may prove
defective in workmanship or materials for a one year period,
ordinary wear and tear excepted, together with any other work
which may be damaged or displaced in so doing.
•
058
• 5. Obligation of City
If, for any reason, the reimbursement fee is or becomes legally
uncollectable, the City shall not be responsible in any way for collecting
the reimbursement fee and/or reimbursing the Applicant for the costs of
the public sewer extension. Reimbursement shall be made only when the
City collects money from the owners of properties whose buildings are to
be connected to the public gravity sewer or will contribute flow to Lift
Station No. 13 and forcemain, notwithstanding any provision of any law,
the code of this Agreement.
6. Place of Payment
The City shall make payment to Applicant at:
Home Depot U.S.A., Inc.
3800 West Chapman Avenue
Orange, CA 92868
Attention: Ms. Nancie Baiza
(Reference: Atascadero Sewer Reimbursement Agreement)
This address may be changed at any time by Applicant by receipt of
written notice to the City.
•
7. Successors and Heirs
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 herein by Applicant.
8. Severability
Shall any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect
unimpaired by the court ruling.
059
9. Sole Agreement •
This Agreement constitutes the sole and only agreement between the City
and Applicant respecting reimbursement for construction or improvements
specified herein and correctly sets forth the obligations of City and
Applicant to each other as if its date. Any agreements or representations
respecting said reimbursement or any other matters discussed in this
agreement not expressly set forth in this Agreement are null and void.
10. Governing Law
The laws of the State of California shall govern this Agreement, and all
matters relating to the Agreement, at the time any need for interpretation
of this Agreement or any decision or holding concerning this Agreement
arises.
11. Captions
The captions of the Sections of the Agreement are for convenience and
reference only. They shall not be construed to define or limit the
provisions to which they relate.
12. Indemnity •
Applicant agrees to save, indemnify and hold harmless, the City of
Atascadero, its officers, employees and agents, from all liabilities,
judgements, costs and expenses, due to any and all activities related to the
implementation of the rights and privileges granted in this agreement,
except for liabilities, judgements, costs and expenses due to the City's
negligence.
13. Time
Time is expressly declared to be the essence of this Agreement.
14. Authorization to Execute
The parties hereby represent that the parties executing this Agreement are
expressly authorized to do so for and on behalf of the parties.
•
060
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
• effective as of the day approved by the City Council of the City of Atascadero.
Approved by the Council of the City of Atascadero on this day of
2001.
CITY OF ATASCADERO
By:
J. Mike Arrambide, Mayor
ATTEST:
By:
Marcia M. Torgerson, City Clerk
APPROVED AS TO FORM:
By:
Roy A. Hanley, City Attorney
HOME DEPOT U.S.A., INC. .
A Delaware corporation
By:
Daniel R. Hatch, Senior Corporate
Counsel, Western Division
•
061
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EXHIBIT B
PRORATION METHODOLOGY
Design flow for lift station#13 252,000 gallons per day
Applicant's costs $693,469
Total project costs by flow rate $2.77 per gallon/per day
Estimated effluent from Home Depot 3,224 gallons per day
Applicant's share= $2.77/GPD x 3,224 GPD=$8,930 Home Depot Share
•
064
ITEM NUMBER: B-3
DATE: 03/13/2001
191$' e � 197a
Atascadero City Council
City Attorney Report
Proposed Amendments to the Atascadero Municipal Code Relating to
the Regulation and Location of Adult Oriented Businesses
RECOMMENDATION:
Council introduce, for first reading by title only, the draft Ordinance adding Title 9 of Chapter 16
to the Atascadero Municipal Code pertaining to zoning regulations applicable to adult oriented
businesses and amending, in full, Title 5 Chapter 10 of the Atascadero Municipal Code relating
to the regulation of adult oriented businesses.
DISCUSSION:
Background: Attached to this report is a copy of the Planning Commission Staff Report dated
2-20-01. That report contains the conclusions and advice of City staff in regard to the proposed
changes. The Planning Commission reviewed the proposed zoning changes, but not the proposed
definitional and regulatory changes. (Review of zoning changes is all that is required of the
Planning Commission.) The Planning Commission recommended that the City Council adopt the
zoning regulation as proposed and requested that staff and City Council review the map to make
sure all appropriate sensitive sites are included, and to make sure that the map is as accurate as
possible in including the sites to be used for defining the buffer zones.
This ordinance will have two readings. Tonight is the first reading. The second reading will take
place on March 27, 2001. Assuming that the second reading makes no changes from the first
reading (or a further "reading" must take place) the ordinance will become effective thirty days
after its passage, or tentatively on April 26, 2001. All existing non conforming uses will then
have sixty (60) days within which to apply for an extension of their right to do business at their
location.Any such application will have to be given due process.
FISCAL IMPACT:
Staff has not identified any fiscal impact from this proposal.
065
ITEM NUMBER: B-3
DATE: 03/13/2001
ALTERNATIVES:
The City must address this issue as there have been many changes to the law since April of 1996.
The City Council is free to discuss the alternatives for locational restrictions mentioned in the 2-
20-01 Planning Commission Staff Report.
ATTACHMENTS:
Proposed Map
Proposed Ordinance
Planning Commission Staff Report
Planning Commission Resolution PC 2001-009.
066
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DRAFT ORDINANCE is
AN ORDINANCE ADDING TITLE 9 CHAPTER 16 TO THE
CITY OF ATASCADERO MUNICIPAL CODE
PERTAINING TO ZONING REGULATIONS APPLICABLE TO
ADULT-ORIENTED BUSINESSES AND ADDING TITLE 5 CHAPTER 10
OF THE ATASCADERO MUNICIPAL CODE RELATING TO
REGULATION OF ADULT ORIENTED BUSINESSES.
The Council of the City of Atascadero does ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Atascadero hereby finds
that:
(a) The City Council, in adopting this ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary side effects of
Adult Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986);
Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis,
Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas
(1977); Cleveland, Ohio (1977); Los Angeles, California (1977). The City Council finds that
these studies are relevant to the problems addressed by the City in enacting this ordinance to •
regulate the adverse secondary side effects of Adult Oriented Businesses, and more specifically
finds that these studies provide convincing evidence that:
(1) Adult Oriented Businesses are linked to increases in the crime rates in
those areas in which they are located and in surrounding areas.
(2) The proximity of Adult Oriented Businesses to sensitive land uses tends to
result in the blighting and deterioration of the areas in which they are located.
(3) The proximity and concentration of Adult Oriented Businesses adjacent to
other commercial and tourist-oriented uses can cause other businesses and uses to move
elsewhere.
(4) There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by Adult Oriented Businesses, including but
not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering,
and violence against persons and property. The studies from other cities establish convincing
evidence that Adult Oriented Businesses which are not regulated as to permissible locations
often have a deleterious effect on nearby businesses in residential areas, causing, among other
adverse secondary effects, an increase in crime and a decrease in property values.
(b) Based on the foregoing, the City Council of the City of Atascadero finds and
determines that special regulation of Adult Oriented Businesses is necessary to ensure that their •
adverse secondary side effects will not contribute to an increase in crime rates or to the blighting
1
., 068
• or deterioration of the areas in which they are located or surrounding areas. The need for such
special regulations is based upon the recognition that Adult Oriented Businesses have serious
objectionable operational characteristics. It is the purpose and intent of these special regulations
to prevent the concentration of Adult Oriented Businesses and thereby prevent such adverse
secondary side effects.
(c) The locational requirements established by this ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected Adult Oriented Businesses in
the City of Atascadero, and a sufficient reasonable number of appropriate locations for Adult
Oriented Businesses are provided by this ordinance. The City Council finds, in part based upon
its understanding of documents and judicial decisions available to the public, that the City
Council, in adopting operational standards, recognizes that these standards do not preclude
reasonable alternative avenues of communication. The City Council takes note of the
proliferation of adult material on the internet and its availability as an alternative avenue of
communication. The City Council also takes note that internet access is available at nearby
public libraries and at coffee shops. The City Council also considers and relies on published
decisions examining the proliferation of communications on the internet. (Reno v. American
Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2.d 874 (1997) [the principle
channel through which many Americans now transmit and receive sexually explicit
communication is the internet]; Anheuser-Busch v. Schmoke, 101 F. 3d 325, 329 (4t' Cir. 1996)
cert, denied 520 U.S. 1204(1997) [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the
internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9t" Cir.
• 1997); see also U.S. v. Thomas, 74 F.3d 701 (6tn Cir. 1996) cert. Denied 519 U.S. 820
[recognizing the internet as a medium for transmission of sexually explicit material in the context
of obscenity prosecutions].) The emergence of the internet brings with it a virtually unlimited
additional source of adult oriented sexual materials available to interested persons in every
community with a mere keystroke. An adult business no longer has to be "actually" physically
located in a city to be available in the community.
(d) In developing this ordinance, the City Council has been mindful of legal
principles relating to regulation of Adult Oriented Businesses and does not intend to suppress or
infringe upon any expressive activities protected by the First Amendments of the United States
and California Constitutions, but instead desires to enact reasonable time, place, and manner
regulations that address the adverse secondary effects of Adult Oriented Businesses. The City
Council has considered decisions of the United States Supreme Court regarding local regulation
of Adult Oriented Businesses, including but not limited to: Young v. American Mini Theaters,
Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S.
41 (1986) (Reh. denied 475 U.S. 1132); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990);
Barnes v. Glenn Theater, 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit
decisions, including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d
1524 (1993); several California cases including but not limited to: City of National City v.
Wiener, 3 Cal. 4th 832 (1993); People v. Superior Court (Lucero) 49 Cal. 3d 14 (1989); and
City of Vallejo v. Adult Books, et al., 167 Cal. App. 3d 1169 (1985); and other federal cases
including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F. 2d 1255, Hang On,
• Inc. v. Arlington (5th Cir. 1995) 65 F. 3d 1248, Mitchell v. Commission on Adult
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Entertainment (3rd Cir. 1993) 10 F. 3d 123, International Eateries v. Broward County (11th •
Cir. 1991) 941 F. 2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F. 2d 1074.
(e) The City Council of the City of Atascadero also finds that locational criteria alone
do not adequately protect the health, safety, and general welfare of the citizens of the City of
Atascadero, and thus certain requirements with respect to the ownership and operation of Adult
Oriented Businesses are in the public interest. In addition to the findings and studies conducted
in other cities regarding increases in crime rates, decreases in property values and the blighting
of areas in which such businesses are located, the City Council also takes legislative notice of
the facts recited in the case of Key. Inc. v. Kitsap County, 793 F. 2d 1053 (1986), regarding
how live adult entertainment results in secondary effects such as prostitution, drug dealing, and
other law enforcement problems.
(f) The City Council finds the following, in part based upon its understanding of the
documents and judicial decisions in the public record:
(1) Evidence indicates that some dancers, models and performers, and other
persons who publicly perform specified sexual activities or publicly display specified anatomical
parts in Adult Oriented Businesses (collectively referred to as 'performers') have been found to
engage in sexual activities with patrons of Adult Oriented Businesses on the site of the Adult
Oriented Business;
(2) Evidence has demonstrated that performers employed by Adult Oriented
Businesses have been found to offer and provide private shows to patrons who, for a price, are •
permitted to observe and participate with the performers in live sex shows;
(3) Evidence indicates that performers at Adult Oriented Businesses have been
found to engage in acts of prostitution with patrons of the establishment;
(4) Evidence indicates that fully enclosed booths, individual viewing areas,
and other small rooms whose interiors cannot be seen from public areas of the establishment
regularly have been found to be used as a location for engaging in unlawful sexual activity;
(5) As a result of the above, and the increase in incidents of AIDS and
Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in
adopting regulations which will reduce, to the greatest extent possible, the possibility for the
occurrence of prostitution and casual sex acts at Adult Oriented Businesses.
(g) Zoning, licensing and other police power regulations are legitimate, reasonable
means of accountability to help protect the quality of life in the community of Atascadero and to
help assure that all operators of Adult Oriented Businesses comply with reasonable regulations
and are located in places that minimize the adverse secondary effects which naturally accompany
the operation of such businesses.
(h) The City Council of the City of Atascadero recognizes the possible harmful
effects on children and minors exposed to the effects of such Adult Oriented Businesses and the •
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• deterioration of respect for family values, and the need and desire of children and minors to stay
away from and avoid such businesses, which causes children to be fearful and cautious when
walking through or visiting the immediate neighborhood of such businesses; and the city Council
desires to minimize and control the adverse secondary side effects associated with the operation
of Adult Oriented Businesses and thereby protect the health, safety, and welfare of the citizens
of Atascadero; protect the citizens from increased crime; preserve the quality of life; preserve
property values and the character of surrounding neighborhoods and businesses; deter the
spread of urban blight and protect against the threat to health from the spread of communicable
and sexually transmitted diseases.
(i) It is not the intent of the City Council of the City of Atascadero in enacting this
ordinance, or any provision thereof, to condone or legitimize the distribution of obscene
material, and the City of Atascadero recognizes that state law prohibits the distribution of the
obscene materials and expects and encourages law enforcement officials to enforce state
obscenity statutes against such illegal activities in the City of Atascadero.
0) Nothing in this ordinance is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, building, or use which violates any
City ordinance or any statute of the State of California regarding public nuisances, unlawful or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or
public display thereof.
(k) In prohibiting public nudity in Adult Oriented Businesses, the City Council does
• not intend to proscribe the communication of erotic messages or any other communicative
element or activity, but rather only to prohibit public nudity due to the secondary impacts
associated with such public nudity; and
(1) The City Council also finds, as a wholly independent basis, that it has a
substantial public interest in preserving societal order and morality, and that such interest is
furthered by a prohibition on public nudity; and
(m) While the City Council desires to protect the rights conferred by the United States
Constitution to Adult Oriented Businesses, it does so in a manner that ensures the continued and
orderly development of property within the City and diminishes, to the greatest extend feasible,
those undesirable secondary effects which the aforementioned studies have shown to be
associated with the development and operation of Adult Oriented Businesses; and
(n) In enacting a nudity limitation, the City declares that the limitation is a regulatory
licensing provision and not a criminal offense. The City has not provided a criminal penalty for
a violation of the nudity limitation. The City adopts such a limitation only as a condition of
issuance and maintenance of an Adult Oriented Business permit issued pursuant to the City
Code; and
(o) The City Council finds that preventing the exchange of money between
performers and patrons also reduces the likelihood of drug and sex transactions occurring in
is
Adult Oriented Businesses; and
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(p) Requiring separations between performers and patrons reduces the likelihood that •
such persons will negotiate narcotics sales and/or transact sexual favors within the Adult
Oriented Business.
(q) Enclosed or concealed booths and dimly-lit areas within Adult Oriented
Businesses greatly increase the potential for misuse of the premises, including unlawful conduct
of a type which facilitates transmission of disease. Requirements that all indoor areas be open to
view by management at all times, and that adequate lighting be provided are necessary in order
to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult
Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by
law enforcement personnel.
(r) The City Council enacted a comprehensive sexually oriented business ordinance
in 1996. The effective date of that ordinance was April 11,1996. That ordinance allowed uses of
real property existing on or before its effective date to be regarded as a non-conforming use and
were allowed to continue until April 11,2001. This ordinance shall not be interpreted to extend
the time of allowed continuance beyond that date unless an extension is granted pursuant to Title
9 Chapter 16.105 below, except for the purpose of applying for an extension of time as
hereinafter provided.
SECTION 2. AMENDMENT OF CODE. Chapter 16 entitled "Adult Oriented
Businesses" is hereby added to Title 9 of the Atascadero Municipal Code to read as follows:
ARTICLE 9.16. ADULT ORIENTED BUSINESSES. •
SEC. 9.16.101. PURPOSE.
It is the intent of this article to prevent community wide adverse economic impacts, increased
crime, decreased property values, and the deterioration of neighborhoods which can be brought
about by the concentration of Adult Oriented Businesses in close proximity to each other or
proximity to other incompatible uses such as schools for minors, churches, and residentially
zoned districts or uses. The City Council finds that it has been demonstrated in various
communities, which demonstrations the City Council finds are relevant to the City of
Atascadero, that the concentration of Adult Oriented Businesses causes and increase in the
number of transients in the area, and an increase in crime, and in addition to the effects
described above can cause other businesses and residents to move elsewhere. It is, therefore, the
purpose of this article to establish reasonable and uniform regulations to prevent the
concentration of Adult Oriented Businesses or their close proximity to incompatible uses, while
permitting the location of Adult Oriented Businesses in certain areas.
SEC. 9.16.102. DEFINITIONS.
(a) Establishment of an Adult Oriented Business. As used herein, to "establish"
an Adult Oriented Business shall mean and include any of the following:
•
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• (1) The opening or commencement of any Adult Oriented Business as a new
business;
(2) The conversion of an existing business, whether or not an Adult Oriented
Business; to any Adult Oriented Business defined herein;
(3) The addition of any of the Adult Oriented Businesses defined herein to
any other existing Adult Oriented Business; or
(4) The relocation of any such Adult Oriented Business.
(b) Specified anatomical areas. As used herein, "specified anatomical areas"
shall mean and include any of the following:
(1) Less than completely and opaquely covered , and/or simulated to be
reasonably anatomically correct, even if completely and opaquely
covered: (i) human genitals or pubic region; (ii) buttocks anus; and (iii)
female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered;
• (c) Specified sexual activities. As used herein, "specified sexual activities"
shall mean and include any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or
sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions as part of or in connection with any of the other
activities described in subdivision(1) through (3) of this subsection.
(d) Adult arcade. "Adult Arcade" shall mean a business establishment to
which the public is permitted or invited and where coin, card or slug operated or electronically,
electrically or mechanically controlled devices, still or motion picture machines, projectors,
videos, holograms, virtual reality devices or other image-producing devices are maintained to
show images on a regular or substantial basis, where the images so displayed are distinguished or
characterized by an emphasis on matter depicting or describing "specified sexual activities" or
"specified anatomical areas." Such devices shall be referred to as "adult arcade devices."
(e) Adult Retail Store. The term "adult retail store" is a business establishment
• having as a regular and substantial portion of its stock in trade, "adult
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oriented material." •
(f) Adult Booth/Individual Viewing Area. The term "adult booth/individual
viewing area" shall mean a partitioned or partially enclosed portion of an
adult business used for any of the following purposes: (1) Where a live or
taped performance is presented or viewed, where the performances and/or
images are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to "specified sexual activites" or
"specified anatomical areas"; (2) Wher"adult arcade devices" are located.
(g) Adult Business. The term "adult business" shall mean (1) A business
establishment or concern that as a regular and substantial course of
conduct operates as an adult retail store, adult motion picture theater, adult
arcade, adult cabaret, adult motel or hotel, adult modeling studio: or (2) A
business establishment or concern which as a regular and substantial
course of conduct offers, sells or distributes"adult oriented material" or
"sexually oriented merchandise," or which offers to its patrons materials,
products, merchandise, services or entertainment characterized by an
emphasis on matters depicting, describing, or relating to "specified sexual
activities" or specified anatomical areas" but not including those uses or
activities which are preempted by State law.
(h) Adult Cabaret. "Adult cabaret" shall mean a business establishment (whether
or not serving alcoholic beverages) that features "adult live
entertainment." •
(i) Adult Hotel/Motel. "Adult hotel/motel" shall mean a "hotel" or "motel" as
defined in the Municipal Code tht is used for presenting on a regular an
substantial basis images through closed circuit television, cable television, still or
motion picture machines, projectors, videos, holograms, virtual reality devices or
other image-producing devices that are distinguished or characterized by the
emphasis on matter depicting or describing or relating to "specified sexual
activities" or"specified anatomical areas."
(j) Adult Live Entertainment. "Adult live entertainment" shall mean any physical
human body activity, whether performed or engaged in, alone or with other
persons, including but not limited to singing, walking, speaking, dancing, acting,
posing, simulating, wrestling or pantomiming, win which: (1) the performer
(including but not limited to a topless and or bottomless dancer, go-go dancers,
exotic dancers, strippers, or similar performers) exposes to public view, without
opaque covering, "specified anatomical areas"; and/or (2) the performance or
physical human body activity depicts, describes, or relates to "specified sexual
activities"whether or not the specified anatomical areas are covered.
(k) Adult Modeling Studio. "Adult modeling studio" shall mean a business
establishment which provides for any form of consideration, the services of a live
human model, who, for the purposes of sexual stimulation of patrons, displays •
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• "specified anatomical areas" to be observed, sketched, photographed, filmed,
painted, sculpted, or otherwise depicted by persons paying for such consideration.
"Adult modeling studio" does not include schools maintained pursuant to
standards set by the Board of Education of the State of California.
(1) Adult Motion Picture Theater. "Adult motion picture theater" shall mean a business
establishment, with or without a stage or proscenium, where, on a regular and
substantial basis and for any form of consideration, material is presented through
films, motion pictures, video cassettes, slides, laser disks, holograms, virtual
reality devices, or similar electronically generated reproductions that is
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas."
(m) Adult Oriented Material. "Adult oriented material" shall mean accessories,
paraphernalia, books, magazines, laser disks, compact discs, digital video disks,
photographs, prints, drawings, paintings, motion pictures, pamphlets, videos,
slides, tapes, holograms or electronically generated images or devices including
computer software, or any combination thereof that is distinguished or
characterized by its emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical." "Adult oriented material"
shall include sexually oriented merchandise.
SEC. 9.16.103. LOCATION REQUIREMENTS.
• a Except as specified in b below, no Adult Oriented Business shall be established
( ) p p ( ) ,
or located in any zone in the City.
(b) Adult oriented business uses shall be permitted in the CR (Commercial Retail),
CS (Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts
provided the subject site is at least One Thousand (1,000) feet from the property
line of the school, church, library or park site that existed on January 1, 2001, and
as shown on Exhibit"A."
SEC. 9.16.104. AMORTIZATION OF NONCONFORMING ADULT ORIENTED
USES.
Any use of real property existing on or before April 111996 which did not conform to the
provisions of Section9.16.103, but which was constructed, operated, and maintained in
compliance with all previous regulations, shall be regarded as a nonconforming use which may
be continued until April 11, 2001. On or before such date, all such nonconforming uses shall be
terminated unless an extension of time has been approved by the hearing officer in accordance
with the provisions of Section 9.16.105.
(a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the
use of any lot or structure as an Adult Oriented Business shall result in a loss of legal
• nonconforming status of such use.
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(b) Amortization -- annexed property. Any Adult Oriented Business which was a legal use at •
the time of annexation of the property and which is located in the City, butwhich does not
conform to the provisions of Section 9.16.103 shall be terminated within one (1) year of
the date of annexation unless an extension of time has been approved in accordance with
the by provisions of Section 9.16.105.
SEC. 9.16.105. EXTENSION OF TIME FOR TERMINATION OF
NONCONFORMING USE
The owner or operator of a nonconforming use as described in Section 9.16.104 may apply under
the provisions of this section to for an extension of time within which to terminate the
nonconforming use.
(a) Time and manner of application. An application for an extension of time within which to
terminate a use made nonconforming by the provisions of Section 9.16.103, may be filed
by the owner of the real property upon which such use is operated, or by the operator of
the use. Such an at application must be filed with the City Clerk at least thirty (30) days
but no more than one hundred eighty (180) days prior to the time established in Section
9.16.104 for termination of such use or within sixty (60) days of the effective date of this
ordinance, whichever date is the last to occur.
(b) Content of application; fees. The application shall state the grounds for requesting an •
extension of time. The filing fee for such application shall be the same as that for a
variance as is set forth in the schedule of fees established by resolution from time to time
by the City Council.
(c) Hearing Procedure. The City Manager shall appoint a hearing officer to hear the
application. The hearing officer shall set the matter for hearing within forty-five (45)
days of receipt of the application. All parties involved shall have the right to offer
testimonial, documentary and tangible evidence bearing on the issues; may be
represented by counsel. Any relevant evidence may be admitted that is the sort of
evidence upon which reasonable persons are accustomed to rely in the conduct of serious
affairs. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness. The decision of the hearing officer shall be final and
subject to judicial review pursuant to Code of Civil Procedure section 1094.8
(d) Approval of extension; findings. An extension under the provisions of this section
shall be for a reasonable period of time commensurate with the investment involved, and
shall be approved only if the hearing officer makes all of the following findings or such
other findings as are required by law.
(1) The applicant has made a substantial investment (including but not limited to
lease obligations) in the property or structure on or in which the nonconforming
use is conducted; such property or structure cannot be readily converted to •
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076
• another use; and such investment was made prior to _the effective date of this
ordinance;
(2) The applicant will be unable to recoup said investment as of the date established
for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to relocate
the use to a location in conformance with Section 9.16.103.
SECTION 3. AMENDMENT OF CODE. Title 5 Chapter 10 of the Municipal Code
is hereby appealed and amended to read in its entirety as follows:
CHAPTER 10. ADULT ORIENTED BUSINESSES
ARTICLE 1. GENERAL PROVISIONS
SEC. 5.10.100.101. LEGISLATIVE PURPOSE.
It is the purpose of this ordinance to regulate Adult Oriented Businesses in order to promote the
health, safety, and general welfare of the citizens of the City. The provisions of this ordinance
have neither the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including adult oriented materials. Similarly, it is not the intent nor
effect of this ordinance to restrict or deny access by adults to adult oriented materials protected
• by the First Amendment, or to deny access by the distributors and exhibitors of adult
oriented entertainment to their intended market. Neither is it the intent nor effect of this
ordinance to condone or legitimize the distribution of obscene material.
The City Council finds and determines as follows: On September 10, 1998, the Ninth Circuit
issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F. 3d 1097 (1998), holding
that adult use business licensing ordinances are required to provide for prompt hearing and
prompt judicial review for persons whose license or permit applications had been denied. On
January 14, 2000, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las
Vegas, No. 99-16809, making further holdings in this regard. The City Council finds that the
time allowances in this ordinance are the shortest fixed periods compatible with the balancing
between sound planning and land use and protection of First Amendment freedoms. The City
Council finds that these time frames are reasonable, in that the City is granting or denying an
adult use permit within seven (7) days of the filing of a completed application for such permit.
After this filing of an appeal of a decision to grant, conditionally grant or deny an application,
the City Council conducts a public hearing on such appeal and renders a written decision. The
City Council takes not that California Code of Civil Procedure section 1094.8 was adopted in
direct response to Baby Tam I and sets forth an expedited review process for review of permits
with any first amendment protections.
SEC. 5.10.100.102. DEFINITIONS.
• For the purpose of this chapter the words and phrases shall have the meanings respectively
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ascribed to them by section 9.16.102 of the Atascadero Municipal Code which is adopted •
concurrently with this section and included herein as though fully set forth at this point by this
reference. Additional words and phrases used in this chapter shall have the following meanings:
(a) Adult Oriented Business Operator. "Adult oriented business operator" (hereinafter
"operator") means a person who supervises, manages directs, organizes, controls or in any
other way is responsible for or in charge of the premises of and "adult oriented business" or
the conduct of activities occurring on the premises thereof.
(b) Applicant. "Applicant means a person who is required to file an application for a permit
under this chapter, including and individual owner, managing partner, officer of a
corporation, or other operator,manager, employee, or agent of an "adult oriented business."
(c) Bar. A bar is defined as any commercial establishment licensed by the State Department of
Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
(d) Figure Model. "Figure model" means any person who for pecuniary compensation,
consideration, hire or reward serves as a live human model for the purposes of sexual
stimulation of patrons, displays "specified anatomical areas" to be observed, sketched,
photographed, filmed, painted, sculpted, or otherwise depicted by persons paying such
compensation or consideration.
(e) Health Officer. "Health officer" means any duly authorized representative of the City of
Atascadero.
(f) Permittee. "Permittee" means the person to whom an adult oriented business permit is
issued.
(g) Police Chief. "Police Chief' means the Chief of Police of the City of Atascadero or any duly
authorized representative thereof. •
(h) Person. "Person" means any individual, partnership, copartnership, firm, association, joint
stock company, corporation, or combination of the above in whatever form or character.
SEC. 5.10.100.103. PERMITS REQUIRED.
(a) It shall be unlawful for any person to conduct operate in the City of Atascadero , the
operation of an Adult Oriented Business unless the person first obtains and continues to
maintain in full force and effect a permit from the City of Atascadero as herein required.
(Adult Oriented Business Regulatory permit)
(b) It shall be unlawful for any persons to engage in or participate in any live performance
depicting specified anatomical areas or involving specified sexual activities in an Adult
Oriented Business unless the person first obtains and continues in full force and effect a
permit from the City of Atascadero as herein required. (Adult Oriented Business
Performer Permit)
(c) The City's designee shall be the City Manager, or any other officer or employee designated
by the City Manager to deal with the provisions of this Chapter.
•
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• ARTICLE 2. APPLICATION AND PERMITS
SEC. 5.10.100.201. ADULT ORIENTED BUSINESS REGULATORY PERMIT
REQUIRED
(a) Every person who proposes to maintain, operate or conduct an Adult Oriented Business
in the City of Atascadero shall file an application with the City upon a form provided by
the City of Atascadero and shall pay a filing fee, as established by resolution adopted by
the City Council from time to time, which shall not be refundable. The fee established
may not exceed the cost of processing the application.
The City's designee is responsible for granting, denying, revoking, suspending, and canceling
sexually oriented business permits for proposed or existing sexually oriented businesses
SEC. 5.10.100.202. APPLICATIONS.
(a) Adult Oriented Business Regulatory Permits are nontransferable, except in
accordance with Section 5.10.100.205. Therefore, all applications shall include the
following information:
(1) If the applicant is an individual, the individual shall state his or her legal name,
including any aliases, address, and submit satisfactory written proof that he or she
is at least eighteen (18) years of age.
• 2 If the applicant is a partnership, the partners shall state the partnership's
( ) pp p p p p p
complete name, address, the names of all partners, whether the partnership is
general or limited.
(3) If the applicant is a corporation, the corporation shall provide its complete name,
the date of its incorporation, evidence that the corporation is in good standing
under the laws of California, the names and capacity of all officers and directors,
the name of the registered corporate agent and the address of the registered office
for service of process.
(b) If the applicant is an individual, he or she shall sign the application. If the applicant is
other than an individual, an officer of the business entity shall sign the application.
(c) If the applicant intends to operate the Adult Oriented Business under a name other than
that of the applicant, the applicant shall file the fictitious name of the Adult Oriented
Business and show proof of registration of the fictitious name.
(d) A description of the type of Adult Oriented Business for which the Permit is requested
and the proposed address where the Adult Oriented Business will operate, plus the names
and addresses of the owners and lessors of the Adult Oriented Business site .
• (e) The address to which notice of action on the application is to be mailed.
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(f) The names of all employees, independent contractors, and other persons who will •
perform at the Adult Oriented Business, who are required by Section 5.10.100.206 to
obtain an Adult Oriented Businessperformer License (for ongoing reporting
requirements see Section 5.10.100.206).
(g) A sketch or diagram showing the interior configuration of the premises, including a
statement of the total floor area occupied by the Adult Oriented Business. The sketch or
diagram need not be professionally prepared, but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of plus or
minus six (6) inches.
(h) A diagram of the of f-street parking areas and premises entries of the Adult Oriented
Business showing the location of the lighting system required by Section
5.10.100.301(c).
SEC. 5.10.100.203. INVESTIGATION AND ACTION ON APPLICATION.
(a) Upon receipt of a completed application and payment of the application and Permit fees,
the City shall immediately stamp the application as received and promptly investigate the
information contained in the 'application to determine whether the application is complete
and whether the applicant shall be issued an Adult Oriented Business Regulatory Permit.
(b) Upon receipt of an application properly filed with the City, and upon payment of the non- •
refundable application fee, the City or its designee shall immediately stamp the
application as received on that date. Within two business days of receipt the City shall
determine whether or not the application is complete. If the application is not complete
the City shall promptly notify the applicant of that fact. The time period for granting or
denying a Permit shall be stayed during the period win which the application is
incomplete.
(c) Within fifteen (15) days of receipt of the completed application, the City's designee
shall complete the investigation, grant or deny the application in accordance with the
provisions of this Section, and so notify the applicant as follows:
(1) The City's designee shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
(2) If the application is denied, the City's designee shall attach to the application a
statement of the reasons for denial.
(3) If the application is granted, the City's designee shall attach to the application an
Adult Oriented Business Regulatory Permit.
(4) The application as granted or denied and the Permit, if any, shall be placed in
the United States mail, first class postage prepaid, addressed to the applicant at •
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• the address stated in the application.
(d) The City's designee shall grant the application and issue the Adult Oriented Business
Regulatory Permit upon findings that the proposed business meets the locational criteria
of Section 9.16.103; unless the application is denied. The Permittee shall post the Permit
conspicuously in the Adult Oriented Business premises.
(e) If the City's designee grants the application or if the City's designee neither grants nor
denies the application within fifteen (15) days after it is stamped as received (except as
provided in Section 5.10.100.202 0), the applicant may begin operating the Adult
Oriented Business for which the Permit was sought subject to compliance with the
development and performance standards and requirements of Sections 5.10.100.301.
Compliance with all portions of the Atascadero Municipal Code is a condition of any
permit issued pursuant to this Chapter.
SEC. 5.10.100.204. PERMIT DENIAL.
The City's designee shall deny the application for any of the following reasons:
(a) The building, structure, equipment, or location used by the business for which an
Adult-Oriented Business Regulatory Permit is required do not comply with the locational
or development and performance standards and requirements of these regulations.
• (b) The applicant, his or her employee, agent, partner, director, officer, shareholder or
manager has knowingly made any false, misleading or fraudulent statement of material
fact in the application for an Adult Business Regulatory Permit.
(c) An applicant is under eighteen (18) years of age.
(d) The required application fee has not been paid.
SEC. 5.10.100.205. TRANSFER OF ADULT ORIENTED BUSINESS REGULATORY
PERMITS.
(a) A permittee shall not operate an Adult Oriented Business under the authority of an
Adult Oriented Business Regulatory permit at any place other than the address of the
Adult Oriented Business stated in the application for the permit.
(b) A permittee shall not transfer ownership or control of an Adult Oriented Business or
transfer an Adult Oriented Business Regulatory Permit to another person unless and until
the transferee obtains an amendment to the Permit from the City's designee stating that
the transferee is now the permittee. Such an amendment may be obtained only if the
transferee files an application with the City's designee in accordance with Sections
5.10.100.201 and 5.10.100.202, accompanies the application with a transfer fee in an
• amount set by resolution of the City Council, and the City's designee determines in
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accordance with Section 5.10.100.203 that the transferee would be entitled to the
issuance of an original Permit. •
SEC. 5.10.100.206. ADULT ORIENTED BUSINESS PERFORMER PERMIT.
(a) No person shall engage in or participate in any live performance with an emphasis upon
"specified anatomical areas" or "specified sexual activities" in an Adult Oriented
Business, without a valid Adult Oriented Business Performer Permit issued by the
City. All persons who have been issued an Adult Oriented Business Regulatory Permit
shall promptly supplement the information provided as part of the application for the
Permit required by Section 5.10.100.201, with the names of all Performers required to
obtain an Adult Oriented Business Performer Permit, within thirty (30) days of any
change in the information originally submitted.
(b) The City's designee shall grant, deny and renew Adult Oriented Business Performer
Permits.
(c) The application for a Permit shall be made on a form provided by the City's designee. An
original and two copies of the completed and sworn permit application shall be filed with the
City's designee.
(d) The completed application shall contain the following information and be accompanied
by the following documents:
1 The applicant's legal name and any other names (including "stage names" and aliases) •
used by the applicant;
(2) Age, date and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Whether the applicant has ever been convicted of-
(i)
£(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e,
266g, 266h, 2661, 647(a), 647(b) and 647(d) of the California penal Code
as those sections now exist or may hereafter be amended or renumbered.
(ii) The equivalent of the aforesaid offenses outside the State of California.
(6) Whether such person is or has ever been licensed or registered as a prostitute, or
otherwise authorized by the laws of any other jurisdiction to engage in
prostitution in such other jurisdiction. If any person mentioned in this subsection
has ever been licensed or registered as a prostitute, or otherwise authorized by
the laws of any other state to engage in prostitution, a statement shall be •
15
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• submitted giving the place of such registration, licensing or legal authorization,
and the inclusive dates during which such person was so licensed, registered, or
authorized to engage in prostitution.
(7) State driver's license or identification number;
(8) Satisfactory written proof that the applicant is at least eighteen (18) years of age;
(9) If the application is made for the purpose of renewing a License, the applicant
shall attach a copy of the License to be renewed.
(e) The completed application shall be accompanied by a non-refundable application fee.
The amount of the fee shall be set by resolution of the City Council. The amount of such
fee may not exceed the cost of processing the application.
(f) Upon receipt of an application and payment of the application fees, the City's designee
shall immediately stamp the application as received and promptly investigate the
application.
(g) If the City's designee determines that the applicant has completed the application
improperly, the City's designee shall promptly notify the applicant of such fact. The time
period for granting or denying a Permit shall be stayed during the period in which the
• application is incomplete.
SEC. 5.10.100.207. INVESTIGATION AND ACTION ON APPLICATION.
(a) Within two (2) business days after receipt of the completed application, the City's
designee shall grant or deny the application and so notify the applicant as follows:
(1) The City's designee shall write or stamp "Granted" or "Denied" on the application
and date and sign such notation
(2) If the application is denied, the City's designee shall attach to the application a
statement of the reasons for denial.
(3) If the application is granted, the City's designee shall attach to the application an
Adult Oriented Business Performer Permit.
(4) The application as granted or denied and the permit, if any, shall be placed in
the United States mail, first class postage prepaid, addressed to the applicant at
the residence address stated in the application.
(b) The City's designee shall, grant the application and issue the Permit unless the
application is denied for one or more of the reasons set forth in subsection (d) of this
• section.
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(c) If the City's designee grants the application or if the City's designee neither grants nor •
denies the application within two (2) business days after it is stamped as received (except
as provided in Section 5.10.100.206 (g), the applicant may begin performing in the
capacity for which the License was sought.
(d) The City's designee shall deny the application for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement
of a material fact in the application for a Permit;
(2) The applicant is under eighteen (18) years of age;
(3) The Adult-Oriented Business Performer Permit is to be used for performing in a
business prohibited by State or City law.
(4) The applicant has been registered in any state as a prostitute.
(5) The applicant has been convicted of any of the offenses enumerated in Section
9.30.100.206(d) (5) or convicted of an offense outside the State of California
that would have constituted any of the described offenses if committed within the
State of California. A Permit may be issued to any person convicted of the
described crimes if the conviction occurred more than five (5) years prior to the
date of the application. •
(e) Each Adult Oriented Business Performer Permit shall expire one (1) year from the date
of issuance and may be renewed only by filing with the City's designee a written request
for renewal, accompanied by the application fee and a copy of the Permit to be renewed.
The request for renewal shall be made at least thirty (30) days before the expiration date
of the Permit. Applications for renewal shall be acted on as provided herein for
applications for Permits.
SEC. 5.10.100.209. APPEAL OF DENIAL, SUSPENSION OR REVOCATION.
(a) Administrative Appeal to the City Council.
(1) After denial of an application or suspension or revocation of a permit, the applicant
or permittee may seek prompt review of such administrative action through the
City Council, under the provisions of the Atascadero Municipal Code and may
appeal any decision of the City Council to the Superior Court pursuant to
California Code of Civil Procedure 1094.8
•
17
084
ARTICLE 3. OPERATING AND DEVELOPMENT STANDARDS.
• SEC. 5.10.100.301. ADULT ORIENTED BUSINESS DEVELOPMENT AND
OPERATING STANDARDS.
(a) Operating standards are a legitimate and reasonable means of ensuring that adult
businesses are conducted in a manner so as to minimize their adverse secondary effects
and to help assure that such operators and businesses comply with reasonable regulations
related to such requirements to minimize control problems associated with such
businesses and thereby protect the health, safety, and welfare of City residents, protect
citizens from increased crime, preserve the quality of life, preserve property values and
the character of surrounding neighborhoods and businesses, and deter the spread of urban
blight. The operational requirements contained in this Ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected adult businesses in the
City.
(b) The City Council, in adopting operational standards, recognizes that these standards do
not preclude reasonable alternative avenues of communication. For example, the closing
hours requirement means that adult businesses are free to operate seven (7) days a week
for sixteen (16) hours per day. The City Council takes note of the proliferation of adult
material on the Internet and its availability as an alternative avenue of communication.
The City Council also considers and relies on published decisions examining the
proliferation of communications on the Internet. ( Reno v. American Civil Liberties
Union, 521 U.S. 844[the principle channel through which many Americans now transmit
• and receive sexually explicit communication is the Internet]; Anheuser-Busch v.
Schmoke, 101 F. 3d 325 [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that
the Internet is one available channel of communication]; U.S. v Hockings, 129 F. 3d
1069; U.S. Thomas, 74 F. 3d 701 [recognizing the Internet as a medium for transmission
of sexually explicit material in the context of obscenity prosecutions].) The emergence of
the Internet brings with it a virtually unlimited additional source of adult oriented sexual
materials available to interested person in every community with a mere keystroke. An
adult business no longer has to be "actually" physically located in a city to be available in
the community.
(c) The City Council has also determined that a closing hours requirement promotes the
reduction of deleterious secondary effects from adult facilities and reasonably relies on
prior court decisions on the need for closing hours including Mitchell v. Comm. On Adult
Entertainment, 10 F. 3d 123; Lady J Lingerie, Inc. v. City of Jacksonville, 973 F. Supp
1428; and City of Colorado Springs v. 2345 Inc, 896 P. 2d 272.
(d) No Adult Oriented Business shall be operated in any manner that permits the observation
of any material or activities depicting, describing or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" from any public way or from any location
outside the building or area of such establishment. This provision shall apply to any
display, decoration, sign, show window or other opening. No exterior door or window on
the premises shall be propped or kept open at any time while the business is open, and
• any exterior windows shall be covered with opaque covering at all times.
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85
(e) All off-street parking area and premise entries of the sexually oriented business shall be •
illuminated from dusk to closing hours of operation with a lighting system which
provides an average maintained horizontal illumination of one (1) foot candle of light
on the parking surface and/or walkways. The required lighting level is established in
order to provide sufficient illumination of the parking areas and walkways serving the
sexually oriented business for the personal safety of patrons and employees and to reduce
the incidence of vandalism and criminal conduct The lighting shall be shown on the
required sketch or diagram of the premises.
(f) Except for those businesses also regulated by the California Department of Alcoholic
Beverage Control, an Adult Oriented Business shall be open for business only between
the hours of 8:00 a.m. and 2:00 a.m. This restriction shall not apply to an adult hotel or
adult motel.
(g) The building entrance to an Adult Oriented Business shall be clearly and legibly posted
with a notice indicating that persons under eighteen (18) years of age are precluded from
entering the premises. No person under the age of eighteen (18) years shall be permitted
within the premises at any time.
(h) All indoor areas of the Adult-Oriented Business within which patrons are permitted,
except rest rooms, shall be open to view by the management at all times.
(i) Any adult-oriented business which is also an "adult arcade", shall comply with the •
following provisions:
(1) No adult booth/individual viewing area shall be occupied by more than one
individual at a time.
(2) Each adult booth/viewing area within the adult business shall be visible from a
continuous and accessible main aisle in a public portion of the establishment, and
shall not be obscured by any door, curtain, wall, two way mirror or other device
which would prohibit a person from seeing the entire interior of the adult
booth/individual viewing area from the main aisle. A manager shall be stationed
in the main aisle at all times. Further, no one shall maintain any adult
booth/individual viewing area in any configuration unless the entire interior
wherein the picture or entertainment that is viewed is visible from one main aisle.
The entire body of any patron in any adult booth/individual viewing area must be
visible from the main aisle without the assistance of mirrors or other device.
(3) No doors are permitted on an adult booth/individual viewing are. No partially or
fully enclosed adult booth/individual viewing areas or partially or fully concealed
adult booth/individually viewing areas shall be maintained.
(4) The walls or partitions between viewing rooms or booths shall be maintained in
good repair at all times, with no holes between any two such rooms such as would •
19
086
• allow viewing from one booth into another or such as to allow physical contact of
any kind between the occupants of any two such booths or rooms.
(5) No holes or other openings (commonly known as "glory holes") shall be
permitted between adult booths/individual viewing areas. Any such hole or
opening shall be repaired within 24 hours using "pop" rivets to secure metal
plates over the hole or opening to prevent patrons from removing the metal plates.
(6) The floors, seats, walls and other interior portions of all video booths shall be
maintained clean and free from waste and bodily secretions. Presence of human
excrement, urine, semen or saliva in any such booths shall be evidence of
improper maintenance and inadequate sanitary controls.
(7) No beds shall be permitted in an adult booth/individual viewing area.
(j) All areas of the Adult Oriented Business shall be illuminated at a minimum of the
following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-Candles
Bookstores and other retail 20
establishments
• Theaters and cabarets 5 (except during
performances, at
which times lighting
shall be at least
1.25 foot-candles)
Arcades 10
Motels/Hotels 20 (in public areas)
Modeling studios 20
(k) The Adult Oriented Business shall provide and maintain separate rest room facilities for
male patrons and employees, and female patrons and employees. Male patrons and
employees shall be prohibited from using the rest room(s) for females, and female
patrons and employees shall be prohibited from using the rest room(s) for males, except
to carry out duties of repair, maintenance and cleaning of the rest room facilities The rest
rooms shall be free from any Adult Material. Rest rooms shall not contain television
monitors or other motion picture or video projection, recording or reproduction
equipment. The foregoing provisions of this paragraph shall not apply to an Adult
Oriented Business which deals exclusively with sale or rental of Adult Material which is
not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store,
• and which does not provide rest room facilities to its patrons or the general public.
20
® 7
(1) On Site Manager; Security Measures. All adult businesses shall have a responsible person is
who shall be at least 18 years of age and shall be on the premises to act as a manager at
all times during which the business is open. No performer may serve as the manager. The
individual(s) designated as the on site manager shall provide his/her name to the Planning
Director to receive all complaints and be given by the owner and or operator the
responsibility and duty to address and resolve all violations taking place on the premises.
All adult businesses shall proved a security system that visually records and monitors all
parking lot areas, or in the alternative, state licensed unformed security guards to patrol
and monitor the parking lot areas during all times during which the business is open. It
the business employs security guards, they shall provide written confirmation to the
Police Chief prior to their employment that the guards are duly registered. No performer
may serve as a security guard. A sign indicating compliance with this provision shall be
posted on the exterior of the premises between four to six feet from the ground. The sigh
shall not exceed two feet by three feet and shall at a minimum be one foot bone and a half
feet and shall utilize red or black printing letters of not less than 1 inch in size.
(m) No exterior door or window on the premises of an adult business shall be propped or kept
open at anytime while the business is open and any exterior windows shall be covered
with opaque coverings at all times.
(n) The following additional requirements shall pertain to Adult Oriented Businesses
providing live entertainment:
( )1 No person shall perform live entertainment for patrons of an Adult Oriented •
Business except upon a stage at least eighteen (18) inches above the level of the
floor which is separated by a distance of at least ten(10) feet from the nearest area
occupied by patrons, and no patron shall be permitted within ten (10) feet of the
stage while the stage is occupied by an performer. "Performer" shall mean any
person who is an employee or independent contractor of the Adult Oriented
Business, or any person who, with or without any compensation or other form of
consideration, performs live entertainment for patrons of an Adult Oriented
Business.
(2) The Adult Oriented Business shall provide separate dressing room facilities for
performers which are exclusively dedicated to the performers' use.
(3) The Adult Oriented Business shall provide an entrance/exit for performers
which is separate from the entrance/exit used by patrons.
(4) The Adult Oriented Business shall provide access for performers between the
stage and the dressing rooms which is completely separated from the patrons.
If such separate access is not physically feasible, the Adult-Oriented Business
shall provide a minimum three (3) foot wide walk aisle for performers between
the dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the performers capable of (and which actually results •
21
088
• in) preventing any physical contact between patrons and performers.
(5) No performer, either before, during or after performances, shall have physical
contact with any patron and no patron shall have physical contact with any
performer either before, during or after performances by such performer. This
subsection shall only apply to physical contact on the premises of the Adult
Oriented Business. This limitation shall not be construed to apply to incidental
physical contact.
(6) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing
the separations between performers and patrons required by this subsection.
(7) No patron shall directly pay or give any gratuity to any performer and no
performer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial control over an Adult Oriented
Business (as that term is defined herein) shall permit any person on the premises
of the Adult Oriented Business to engage in a live showing of the human male or
female genitals, pubic area or buttocks with less than a fully opaque coverage,
and/or the female breast with less than a fully opaque coverage over any part of
the nipple or areola and/or covered male genitals in a discernibly turgid state.
This provision may not be complied with by applying an opaque covering
simulating the appearance of the specified anatomical part required to be covered.
•
SEC. 5.10.100.302. REGISTER AND PERMIT NUMBER OF EMPLOYEES.
(a) Every permittee of an Adult Oriented Business which provides live adult must maintain a
register of all persons so performing on the premises and their permit numbers. Such
register shall be available for inspection during regular business hours by any police
officer of the City of Atascadero.
SEC. 5.10.100.303. DISPLAY OF PERMIT AND IDENTIFICATION CARDS.
(a) Every Adult Oriented Business shall display at all times during business hours the permit
issued pursuant to the provisions of this chapter for such Adult Oriented Business in a
conspicuous place so that the same may be readily seen by all persons entering the Adult
Oriented Business.
(b) The Police Chief shall provide each Adult Oriented Business Performer required to have
a Permit pursuant to the chapter, with an identification card containing the name, address,
photograph and permit number of such performer.
(c) An Adult Oriented Business Performer shall have such card available for inspection at all
times during which such person is on the premises of the Adult Oriented Business.
•
22
089
SEC. 5.10.100.304. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS •
UNDER THE AGE OF EIGHTEEN (18)YEARS PROHIBITED.
(a) It shall be unlawful for any permittee, operator or other person in charge of any Adult
Oriented Business to employ, or provide any service for which it requires such permit, to
any person who is not at least eighteen (18) years of age.
(b) It shall be unlawful for any permittee, operator or other person in charge of any Adult
Oriented Business to knowingly permit to enter, or remain within the Adult Oriented
Business, any person who is not at least eighteen years of age.
ARTICLE 4. MISCELLANEOUS PROVISIONS
SEC. 5.10.100.401. INSPECTION.
An applicant or Permittee shall permit representatives of the Police Department, Health
Department, Fire Department, Planning Division, or other City Departments or Agencies to
inspect the premises of an Adult Oriented Business for the purpose of insuring compliance
with the law at any time it is occupied or opened for business. A person who operates an Adult
Oriented Business or his or her agent or employee is in violation of the provisions of this section
if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or
open for business. •
SEC. 5.10.100.402. REGULATIONS NONEXCLUSIVE.
The provisions of this article regulating Adult Oriented Businesses are not intended to be
exclusive and compliance therewith shall not excuse noncompliance with any other regulations
pertaining to the operation of businesses as adopted by the City Council of the City of
Atascadero.
SEC. 5.10.100.403. EMPLOYMENT OF PERSONS WITHOUT PERMITS
UNLAWFUL.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of
an Adult Oriented Business which provides live adult entertainment to allow any person to
perform such entertainment who is not in possession of a valid Adult Oriented Business
Performer Permit.
SEC. 5.10.100.404. TIME LIMIT FOR FILING APPLICATION FOR PERMIT.
All persons who possess an outstanding business license 'heretofore issued for the operation of
an Adult Oriented Business and all persons required by this chapter to obtain an Adult Oriented •
23
090
• Business Performer Permit, must apply for and obtain such a permit within ninety (90) days of
the effective date of this chapter. Failure to do so and continued operation of an Adult Oriented
Business, or the continued performances in an Adult Oriented Business after such time without a
permit shall constitute a violation of this chapter.
SEC. 5.10.100.405. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or
any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this chapter or any part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase
thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The
City Council finds that this ordinance is enacted in order to mitigate the threat posed to the
public peace, health, or safety by Adult Oriented Businesses. In this regard, the findings set forth
in Section 1 of this ordinance are incorporated herein by reference. This ordinance either
provides for the amendment of existing regulations applicable to Adult Oriented Businesses or,
for the first time, provides for zoning regulations which are specifically applicable to Adult
Oriented Business uses. Such uses are already allowed under the City's existing zoning
regulations. Therefore, it can be seen with certainty that there is no possibility that this
ordinance may have a significant adverse effect on the environment, and therefore the adoption
ordinance is exempt from CEQA pursuant to Section 15061(b) (3) of this the CEQA guidelines.
SECTION 5: The City Clerk shall cause a summary of this ordinance, approved by the
City Attorney, together with ayes and noes, to be published at least five days prior to its final
passage in the Atascadero News, a newspaper of general circulation, printed, published and
circulated in the City of Atascadero in accordance with Section 36933 of the Government Code.
The City Clerk shall cause a summary of this Ordinance, approved by the City Attorney, together
with ayes and noes, to be published before the expiration of fifteen (15) days after its final
passage in the Atascadero News. 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.
On motion by Council Member and seconded by Council Member
the foregoing Ordinance is adopted by the following roll call vote:
AYES:
NOES:
• ABSENT:
24
091
CITY OF ATASCADERO •
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:
•
25
092
ITEM NUMBER: 5
DATE: 2-20-01
19Y8 �
1-97-9
Planning Commission Staff Report
Public Hearing
Zone Change 2000-0007
Adult Oriented Businesses
Citywide
SUBJECT:
Staff initiated discussion and recommendations concerning proposed changes to zoning portions
of the Atascadero Municipal Code Relating to Adult Oriented Businesses. The proposed changes
that the Planning Commission is requested to review relating to location restrictions, and not to
regulatory provisions.
RECOMMENDATION:
. Staff Recommends:
That the Planning Commission, review and make recommendations to the City Council on
proposed changes to the Atascadero Municipal Code and adopt Resolution No. PC 2001-009.
DISCUSSION:
Background: The City Council of the City of Atascadero established a comprehensive
ordinance relating to sexually oriented, or adult oriented, businesses. There have been many
changes to the law in regards to the regulation and restrictions that can be imposed upon such
businesses since 1996. The original ordinance established an amortization period for legally
established, but non-conforming uses, of five (5) years. That five (5) year period is about to run
on the only legally established sexually oriented adult oriented business in Atascadero that staff
is aware of. The proposed changes to the ordinance do not extend or modify the amortization
period. Any changes in the regulatory provisions that are presented to the City Council after this
Planning Commission hearing will not include an automatic extension of the amortization
period. Rather, the ordinances will relate back to that originally established in 1996.
•
093
ITEM NUMBER: 5
DATE: 2/20/01
The specific action that the Planning Commission is being asked to address today is the location •
requirements. Currently, the location requirements are all contained in the Health and Safety
provision of the Atascadero Municipal Code. Current experts in the field of regulating such
businesses advise that the regulatory provisions and the locational provisions be separated. The
Planning Commission is being asked to examine a location requirement that will be contained in
Chapter 9 of the Atascadero Municipal Code. This is where all of the other zoning provisions are
located. The regulatory provisions that the City Council will be looking at will remain in the
Health and Safety portion of the Municipal Code.
Specifically, staff proposes that a Section 9, Chapter 16 in regards to adult oriented businesses be
established as the successor in interest to the previous locational restrictions. The proposed
language is as follows:
Section 9.16.103 Location Requirements.
Adult oriented business uses shall be permitted in the CR (Commercial Retail), CS
(Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts provided
the subject site is at least One Thousand (1,000) feet from the property line of the
school, church, library or park site that existed on January 1, 2001, and as shown
on Exhibit "A."
One net effect of this proposed change is that adult oriented businesses would be dropped as a •
permissive use from the CP zone.
Some brief discussion of regulatory and locational issues is in order so that the Planning
Commission can make their recommendation in context. It is very important for the Planning
Commission to remember that the City may not legally ban such businesses from the City of
Atascadero. The City of Atascadero has to have "reasonable" numbers of locations where such
businesses are legal. In the absence of a reasonable number of such locations, the entire
ordinance will be tossed and the businesses are free to locate and remain wherever they wish.
The location and the regulatory restrictions can only legally be used to address the adverse
secondary effects that result from adult oriented businesses. The City can only address the
adverse secondary effects of legal uses. The City is not allowed to address obscenity or personal
sexual conduct. Those issues have been fully occupied by the State of California. Therefore, the
City is free only to place restrictions on what is otherwise legal activity, and those restrictions
must be tailored to address the adverse secondary effects of the legal activity.
There is no hard and fast rule that can be pointed to for the minimum number of sites that must
be available in the City for adult oriented businesses. We know only that they must be
reasonable. Reasonableness is defined as the ability to reasonably communicate the ideas
involved in the legal, but pornographic, material. The City is not free to dream up locational
restrictions that in reality mean there are no sites for potential location. This has been tried in
other communities, for instance by designating old paper lots that existed on the landing tarmac •
at Los Angeles International Airport. If there is no practical ability to use any of the designated
locations, that is the same as attempting to ban businesses all together. Under those
094
ITEM NUMBER: 5
• DATE: 2/20/01
circumstances, the ordinance will fail, and the businesses will be free to locate and stay where
they desire.
The leading Unites States Supreme Court case in this area held that where a City set aside five
percent (5%) of its geographical area for the location of such businesses legally, that met the
minimum standard. In Atascadero if we follow that statement strictly, every single commercial
piece of property would be a legal location. We are largely a residential community. The entire
potential area for businesses to locate does not reach five percent (5%) of the geographical area
of the City.
We are therefore, embarking, as always in this area, on a decision that the pornography industry
will be willing to argue about. Staff feels that the proposed locational restrictions provide more
than adequate potential sites for these businesses yet preserve the downtown area, which area is
already subject to blight and needs to be rehabilitated, and provides a buffer zone between
sensitive uses and any newly located adult business. The purpose for establishing the buffer
zones based upon sensitive uses existing on January 1, 2001, is to prevent the City's ordinance
from violating recent state court appellate decisions. There have been recent cases holding that
giving sensitive uses the right to move into a new location, and therefore preclude adult
businesses from locating there, essentially gave these uses a veto power over adult uses. This
was held unconstitutional. Staff feels that by providing the buffer zones that are shown on the
• exhibits to be presented at the Planning Commission hearing will protect those sensitive uses,
provide many spaces or safe zones where future sensitive uses can locate knowing that they will
not be next to an adult business, and yet provides a number of potential sites for adult oriented
businesses that will survive any constitutional challenge.
CONCLUSIONS:
The alternatives the Planning Commission may discuss include simply continuing the ban of
adult oriented businesses in the legally defined downtown area, but allowing them in any other
location where commercial activity can take place, establishing buffer zones of a shorter distance
than the One Thousand (1,000) feet recommended by staff, and should include some discussion
of the risks involved in extending the buffer zones any further. The specific risk of course, is that
in extending the distance of the buffer zones the number of legal sites available is reduced to a
level below what a court would determine to be reasonable under the law as set forth by the
United States Supreme Court and the Ninth Circuit Court of Appeals.
Staff recommends the One Thousand (1,000) foot buffer zone as being the best way to protect
sensitive uses while still allowing a sufficient number of sites so that the ordinance can remain
enforceable.
• PREPARED BY: Roy Hanley, City Attorney
095
ITEM NUMBER: 5
DATE: 2/20101
ATTACHMENT 1: Draft Resolution PC 2001-0009
ZC 2000-0007
Citywide
DRAFT RESOLUTION NO. PC 2001-009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL
APPROVE ZONE CHANGE 2000-0007 THEREBY AMENDING THE MUNICIPAL
CODE REGARDING THE ALLOWED LOCATION OF ADULT ORIENTED
BUSINESSES
(City of Atascadero)
WHEREAS, City Staff has initiated discussion and recommendations for changes to the
Atascadero Municipal Code relating to the allowed locations of Adult Oriented Businesses,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Municipal Code to protect the health, safety and welfare of
its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA)have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on February 20, 2001 studied and considered Zone Change 2000-0007, after first studying
and considering the proposed environmental exemption prepared for the project, and,
NOW,THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Certification of Proposed environmental exemption the Planning
Commission of the City of Atascadero, hereby certifies that Zone Change 2000-0007 is exempt
from CEQA under Section 15061 (b) (3), Preliminary Review of Projects. CEQA allows this
• exemption when it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
097
ITEM NUMBER: 5
DATE: 2/20/01
SECTION 2 . Approval. The Planning Commission does hereby recommend that the
City Council approve Zone Change 2000-0007, subject to the following Exhibits:
Exhibit A: Adult Business Buffer Zones
Exhibit B: Proposed text amendment
On motion by Commissioner and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following
roll call vote:
AYES:
NOES:
ABSENT: � � •
ADOPTED:
CITY OF ATASCADERO, CA
Royce Eddings, Planning Commission Vice-Chair
ATTEST:
Warren Frace, Interim Director
Community Development Department
•
098
ITEM NUMBER: 5
• DATE: 2/20/01
EXHIBIT A. Adult Business Buffer Zones Map
Draft Resolution PC 2001-009
ZCH 2000-007
ADULT BUSINESS BUffR ZON�S
Legend
land Uses Punh of Inleresl
O warn emery
X71 i S�!'T'�� -=`'�y � t� �--�"�.��� „--r�• a /f '�. � �
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CITY of ATASCADIRO
099
ITEM NUMBER: 5
DATE: 2/20/01 •
EXHIBIT B: Proposed Municipal Code Text Addition
Draft Resolution PC 2001-009
ZCH 2000-0007
Section 9.16.103 Location Requirements.
Adult oriented business uses shall be permitted in the CR (Commercial Retail), CS
(Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts provided
the subject site is at least One Thousand (1,000) feet from the property line of the
school, church, library or park site that existed on January 1, 2001, and as shown
on Exhibit "A."
•
100
ITEM NUMBER: C- 1
DATE: 03/13/2001
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Atascadero City Council
Staff Report - Public Works Department
Solid Waste, Green Waste and Recycle Collection
RECOMMENDATION:
Council receive this report on the solid waste, green waste and recycle collection by Atascadero
Waste Alternatives.
DISCUSSION:
Background: Atascadero Waste Alternatives (AWA) provides solid waste, green waste and
recycle collection for the City of Atascadero per a solid waste collection franchise agreement.
Solid waste is collected weekly with 3 container sizes (96 gallon, 64 gallon and 35 gallon). Green
waste is collected bi-weekly in 32-gallon container(s) provided by the customer. Recyclables are
collected weekly in 14-gallon yellow bins. The monthly fee for collection is $28.90 for 96-gallon
service, $21.80 for 64-gallon service and $11.30 for 35-gallon service. The City is served by 10
routes that collect on different days of the week.
Summary: Atascadero Waste Alternatives is working toward completely automating their
collection system. They are proposing to provide 90-gallon wheeled containers for green waste,
90-gallon wheeled containers for recyclables and the solid waste container sizes would remain
the same size. A driver in a solid waste collection vehicle equipped with a mechanical pick-up
arm will collect the refuse, green waste, and recyclables.
Atascadero Waste Alternatives is proposing to start a test route with this type of service to work
out the logistics and to determine if increased diversion occurs with the higher capacity, easier-
to-use wheeled containers. This will help the City to meet its AB939 goal of reducing waste by
50%. The frequency they propose is every week for solid waste and every other week for green
waste and recyclables. One week would be green waste collection and the next would be
recyclables. This collection frequency could be increased to weekly, but AWA would like to see
if the every-other-week scenario worked. It is much easier to start with every-other-week and go
to weekly rather than starting with weekly and trying to cut back to every-other-week. The
every-other-week scenario saves in cost to the consumer as well as reducing truck traffic.
Enclosed is a map showing the proposed test routes.
101
ITEM NUMBER: C- 1
DATE: 03/13/2001
Staff is working with Atascadero Waste Alternatives and Chicago Grade Landfill to provide a
yearly event to help clean up the City. The goal is to help dispose of large quantities of green
waste, large objects and "spring cleaning" waste. Ideas being discussed are "free landfill day"
and once a year increased collection day. Staff is also working with the Integrated Waste
Management Board staff and Atascadero Waste Alternative on purchasing a chipper and
providing free "chippings" for pick up. Staff will report back as details are worked out.
FISCAL IMPACT:
No rate change is proposed with this sample route. If Atascadero Waste Alternatives proposes
any rate change to fully automate the collection for the City, Council would have to approve the
revision to the solid waste collection franchise agreement.
ALTERNATIVES:
Direct Staff to work with Atascadero Waste Alternatives on different test route or system
changes.
ATTACHMENTS:
Collection Map
102
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ITEM NUMBER: C-2
DATE: 03/13/2001
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Atascadero City Council
Staff Report - Community Services Department
Atascadero Lake Park Master Plan and
Lake Pathway Improvements Design Services
RECOMMENDATION:
Council authorize the City Manager to enter into an agreement with CJP Productions for design
services for the Atascadero Lake Park Master Plan and Lake Pathway Improvement Project.
DISCUSSION:
Staff mailed out a Request for Proposals (RFP) for Design Services for the Atascadero Lake Park
Master Plan and Lake Pathway Improvement Project on Wednesday, January 10, 2001. Staff
prepared and sent out an RFP to eleven (11) Park Planning and Landscape 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 eleven firms who received the RFP, three
responded with proposals by the Tuesday, February 13, 2001 deadline. A list of these three firms
is also attached.
A Consultant Selection Team, assembled to assist in the selection process for the submitted
proposals, 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
£) Project time-schedule
g.) Approach/Understanding of the project
Based on the evaluation of the proposals on the criteria, the Committee Selection Team selected
three architectural firms to return for an interview. Following these interviews, the Selection
Team ranked the top three Architectural firms as follows.
1. CJP Productions Atascadero CA
2. Oasis Associates, Inc. San Luis Obispo CA
3. Richard Splenda& Associates Berkeley CA
- 104
ITEM NUMBER: C-2
DATE: 03/13/2001
All three of these Park Planning and Landscape Architectural firms are qualified in the area of
design of public recreation facilities. CJP Productions ranked first among the submitted
proposals due to their superior Scope of Work and understanding of the project. In addition, CJP
Productions is based in Atascadero and has previously provided quality landscape design
services to the City of Atascadero.
FISCAL IMPACT:
Approval of this agreement will result in expenditures of$56,030.00 from allocated City general
funds for the Lake Park Master Plan and an additional $11,875.00 from allocated T-21
transportation funds for the design plans and construction drawings for Atascadero Lake Pathway
Improvement project.
ALTERNATIVES:
No Alternative.
ATTACHMENTS:
1. Atascadero Lake Park Master Plan and Lake Pathway Improvement Project RFP
Distribution List
2. Summary Bid List
3. Consultant Services Agreement
105
. ATTACHMENT #1
Youth Center RFP Distribution List
1. 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, AIA 4201 Ardmore Avenue #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 & Goltsman 800 Hearst Avenue, Berkeley CA 94710
•
106
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
107
•
AGREEMENT FOR CONSULTANT SERVICES
This agreement is made upon the date of execution, as set forth below, by and
between CJP Productions, 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 Contractors 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 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.
• 1
108
2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools •
and instrumentality's to perform the services under this agreement except those
listed in "Tools and Instrumentality's Provided by City" attached hereto as
"Exhibit C" and hereby incorporated herein.
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City
and Contractor intend and agree that Contractor is an independent contractor of
City and agrees that Contractor and Contractor's employees and agents have no
right to Worker's Compensation and other employee benefits. If any worker
insurance protection is desired, Contractor agrees to provide Worker's
Compensation and other employee benefits, where required by law, for
Contractor's employees and agents. Contractor agrees to hold harmless and
indemnify City for any and all claims arising out of any claim for injury, disability,
or death of any of Contractor and Contractor's employees or agents.
2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its
elective and appointive boards, officers, agents and employees, harmless and
shall defend the same from any liability for damage or claims for damage, or
suits or actions at law or in equity which may allegedly arise from Contractor's or
any of Contractor's employees' or agents' operations under this agreement,
whether such operations be by Contractor or by any one or more persons
directly or indirectly employed by, or acting as agent for, Contractor; provided •
as follows:
a. That the City does not, and shall not, waive any rights against Contractor
which it may have by reason of the aforesaid hold-harmless agreement,
because of the acceptance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by Contractor shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations of
Contractor or any agent or employee of Contractor regardless of whether
or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
2.05 INSURANCE: Contractor shall not commence work under this contract
until 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
2 •
109
• 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 $ 1,000,000.00 for damage to the
property of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $ 1,000.000.00 for each person in
any one accident and $500,000.00 for injuries sustained by two or
. more persons in any one accident. Property damage liability of $
$500,000.00 for each accident.
(4) Worker's Compensation Insurance.
In the amounts required by law as set forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be declared to, and
approved by, the City. The City may require that either the insurer reduce
or eliminate such deductibles or self-insured retentions as respects the
City, its elected or appointed officials, employees, agents or volunteers; or
the Contractor shall procure a bond guaranteeing payment of all losses,
and related investigation, claims administration and legal expenses.
C. Proof of Insurance.
Contractor shall furnish City, concurrently with the execution hereof, with
satisfactory proof of carriage of the insurance required, and adequate
legal assurance that each carrier will give City at least thirty (30) days'
prior notice of the cancellation of any policy during the effective period of
this contract. The certificate or policy of liability of insurance shall name
City as an additional insured with the Contractor.
• 3
110
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable requests of
Contractor necessary to the performance of Contractor's duties under this
agreement.
3.02 PLACE OF WORK: City agrees to furnish space for use by the Contractor
while performing the services described in this agreement only as set forth
in "Exhibit D," hereby incorporated herein. Any work space requirements not set
forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may
use alternate space for performing described services.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION 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 thirty (30) days prior written notice to the other
parties to this agreement.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This •
agreement shall terminate automatically on the occurrence of any of the
following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the (30) days as set forth in Section 4.01;
(5) End of the contract to which Contractor's services were necessary; or
(6) Assignment of this agreement by Contractor without the consent of the
City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agreement or materially
breach 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
Scope of Work specified in Section A, unless extended as set forth in this
Section. The City, with the agreement of the Contractor, is authorized to extend
the term of this agreement beyond the termination date, as needed, under the
4 •
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• 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
Contractor agrees to complete the entire Scope of Work mentioned in Exhibit A,
within thirty (30) days of the commencement of work. Failure to complete the
entire Scope of Work with thirty (30) days of the commencement of work will
result in a fine of 10% of the total value of the Maintenance bond for each week,
or any portion of a week beyond the project deadline.
6.00 MISCELLANEOUS
6.00 REMEDIES: The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to, all remedies now or
hereafter allowed by law or equity.
6.01 NO WAIVER: The waiver of any breach by any party of any provision of
this agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of this agreement.
6.02 ASSIGNMENT: This agreement is specifically not assignable by
Contractor to any person or entity. Any assignment or attempt to assign by
• Contractor, whether it be voluntary or involuntary, by operation of law or
otherwise, is void and is a material breach of this agreement giving rise to a right
to terminate as set forth in Section 4.03.
6.03 ATTORNEY FEES: In the event of any controversy, claim or dispute
between the parties hereto, arising out of or 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.
is5
112
6.05 NOTICES: Except as otherwise expressly provided by law, any and all •
notices or other communications required or permitted by this agreement or by
law to be served on or given to any party to this agreement shall be in writing
and shall be deemed duly served and given when personally delivered or in lieu
of such personal service when deposited in the United States mail, first-class
postage prepaid to the following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: (Public Works Department)
B. CJP Propductions 10659 Realito Avenue
Atascadero CA 93422
6.06 GOVERNING LAW: This agreement and all matters relating to this
agreement shall be governed by the laws of the State of California in force at the
time any need for the interpretation of this agreement or any decision or holding
concerning this agreement arises.
6.07 BINDING EFFECT: This agreement shall be binding on and shall inure to
•
the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto, but nothing in this Section shall be construed as a consent by City
to any assignment of this agreement or any interest in this agreement.
6.08 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.
6.11 DUE AUTHORITY: The parties hereby represent that the individuals
6 •
_ 113
• executing this agreement is expressly authorized to do so on and in behalf of the
parties.
6.12 CONSTRUCTION: The parties agree that each has had an opportunity to
have their counsel review this agreement and that any rule of construction
to the effect that ambiguities are to be resolved against the drafting 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: CITY OF ATASCADERO
By:
• Marcia McClure Torgerson J. Michael Arrambide
City Clerk Mayor
APPROVED AS TO FORM:
By:
Roy A. Hanley Contractor
City Attorney
APPROVED AS TO FORM:
Rachelle Rickard
Administrative Services Director
• 7
114
EXHIBIT A •
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE CONTRACTOR
Contractor shall provide services to City as follows:
PROPOSED SCOPE OF WORK & PROCESS OUTLINE, PHASE 1
TASK 1
1A. KICK-OFF MEETING
The City of Atascadero & CJP/RTC will schedule a meeting to discuss the scope of
project, schedule Community Workshop, other meetings, set contact hierarchy, gather
background information & other data, and other necessary contacts. The meeting will
consist of City staff, CJP/RTC staff and member of the Lake Park Master Plan Advisory
Team.
18. SITE SURVEY& INVENTORY
The first required duty is site observation. This primarily lets CJP/RTC get to know the
site in a causal way, without any correspondence to the goal and objective defined in
the program. This observation provides an orientation to the site, finding out about a •
little of its history. How the site has naturally evolved over time.
Once familiar with the site and knowing what the program is, CJP/RTC can do the site
inventory. There are three main categories associated with the site inventory. One is
the base map preparation. This plan is the bases for all design work and helps in the
collection of other important information. The next category is the physical data.
Examples of these are geology, soils, water, topography (aerial & site survey), climatic
factors, existing vegetation and wildlife, existing buildings. Included in this are
sensuous qualities like views and noise. The last category is the cultural data. How are
the local neighborhood and other city residents using the site? What is the current
behavioral setting? What are the site values, rights, and constraints, which relate to
zoning and planning requirements?
1C. COMMUNITY WORKSHOP
The City and CJP/RTC will schedule a workshop to ascertain the needs and desires of
the users of the park. The City will prepare and send out public notices for this
workshop. The base map will be available for review by the public delineating the
project boundary and other important information. The project's background, scope
and design process will be presented. The public will have opportunities to ask
questions and provide feedback on the project. To help gather data, a questionnaire
will be developed before the meeting and distributed at the workshop.
i
1� 5
• 1D. PROGRAM DEVELOPMENT
CJP/RTC will present information and data gathered from the Public Workshop, site
survey & inventory to the Lake Park Master Plan Advisory Team at a schedule meeting.
This meeting will start program development and the following issues will be covered:
■ Develop goals and objectives for the project. These contain design philosophies to
apply to the project.
■ The use and behavioral settings to achieve in the project.
■ And lastly, the project's cost constraints. This includes the construction budget and
the operational budget once the project is complete.
From this, a list is produced that shows important elements that must be realized in the
final Master Plan for the park. Another meeting will be scheduled to present this
program list to the Lake Park Master Plan Advisory Team.
Task 1E. VISITING SIMILAR PARKS
CJP/RTC will investigate, research and develop a visitation schedule of existing parks
similar to Atascadero Lake Park in the state of California. City Staff members, other
concerned parties, Casey Patterson (CJP Productions) along with Russ Thompson (R.
Thompson Consulting) will visit these parks to ascertain design information. It is the
responsibility of the City to provide transportation, meals and lodging (if required) for
this task.
• Upon completion of visiting these parks, CJP/RTC will produce a report and present its
finding to the City and the Lake Park Master Plan Advisory Team. The report will
provide information, examples and other data on the design of these comparable parks.
TASK 2
2A. ANALYSIS STAGE
■ PROGRAM RELATIONSHIPS
From the program list, relationships of the items are analyzed to determine their
associations. After the listing, CJP/RTC assign preliminary budgets to each. These are
used as a guide on how to allocate available funds.
■ RELATIONSHIP
In union with the preparation of the preliminary budgets, relationship diagrams are
developed. The diagrams show how each activity and use relate logically to each
other, their functional relationship to each other, and then what is the best way to
connect them or not.
■ SITE ANALYSIS
is 9
116.
Concurrently with program development the site analysis occurs. This is the •
development of a concise statement of the site's essential elements and character.
This relates to how the site maintains itself. How the site would respond to
development. Major problem areas of the site, and potentialities of the site. This
provides CJP/RTC of where best to put uses and activities. It also shows where these
items should not be put.
2B. DESIGN CONCEPTS
One definition of synthesis is the coming together of elements. By overlaying the
relationship diagram, CJP/RTC will generate design concepts. By massaging the
site with the relationship diagram, we find the best fit of the uses and activities on
the site. Working this through different alternatives, coming up with a final
alternative that meets, as best as possible, our goals and objectives for the project.
This final alternative should be more refined than the relationship diagrams. This
plan shows patterns of activity, patterns of circulation, and lastly, can start to show
physical forms of building and outdoor spaces. A Lake Park Master Plan Advisory
Team meeting will be scheduled to review the final alternative(s).
TASK 3
3A. PRESENTATION OF PLAN(S)
CJP/RTC will present the "Draft Atascadero Lake Park Master Plan" to the advisory
team. The team reviews the plan(s) on how well it meets the goals and objectives of •
the project. If there is more than one plan, the team will select the best plan or select
the best feature of each plan to be synthesized into another plan.
TASK 4
4A. PLAN REVISION
After review and input from the advisory team, the plan will be revised. The revision will
incorporate into the design issue and items addressed from the meeting. This plan will
be presented to the team for comment and acceptance.
TASK 5
5A. ENVIRONMENTAL IMPACTS
The design team will analyze the approved plan impacts to the park's and
neighborhood's existing environment. A report will be produced providing a summary
on the impacts to the site and surround environment and how best to lessen them.
5B. ADA COMPLIENCE
The plan will be reviewed by CJP/RTC for compliance with Americans with Disabilities
Act (ADA). A report will be prepared showing issues related to these regulations.
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• 5C. COST ESTIMATE
The cost to construct the "Draft Atascadero Lake Park Master Plan" will be estimated.
This estimate will show each design element and its approximate lump sum cost in a
tabular format (i.e. spread sheet) resulting in a total construction cost.
TASK 6
6A. PREPARATION OF MASTER PLAN
A detailed colored plan will be prepared of the "Draft Atascadero Lake Park Master
Plan" by CJP/RTC for the Commission meeting.
6B. PRESENTATION TO PARKS & RECREATION COMMISION
CJP/RTC will present the "Draft Atascadero Lake Park Master Plan", the cost estimate,
and the environmental impact and ADA reports to the Atascadero's Parks & Recreation
Commission for their review. The design team will respond to questions and clarify
design elements as needed from the Commission and the public.
TASK 7
7A. REVISION OF THE "DRAFT ATASCADERO LAKE PARK MASTER PLAN"
The master plan will be revised based on comments from the Parks & Recreation
Commission and the public. A final "Administrative Draft Atascadero Lake Park Master
Plan" will be prepared for an Atascadero City Council meeting.
• TASK 8
8A. PRESENTAION TO THE CITY COUNCIL
CJP/RTC will present the "Administrative Draft Atascadero Lake Park Master Plan", with
supporting data to the Atascadero's City council for their review. The design team will
respond to questions and clarify design elements as needed from the Commission and
the public.
PHASE 1 - TIME LINE
The chart below shows a time line that CJP/RTC will follow. It shows the above tasks
and the amount of time it will take to complete them. The RFP for Phase 1 gives 12
weeks to complete the Master Plan process, the time line shows that CJP/RTC can
finish it within this time.
PROPOSED SCOPE OF WORK, PHASE 2
CJP/RTC is concerned with two items of Phase 2: The funds available for project
construction and the time to complete the construction drawing bid packet.
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CONSTRUCTION FUNDS
Knowing the existing pathway and after preliminary site evaluation, it seems that the •
project might take more than $125,000 to construct. One area of the pathway might
take extensive retaining walls to make the trail safe from vehicle traffic. Also other
areas might need extensive site grading and possible road relocation to make them
safe. Other areas of the pathway also need to have drainage issues resolved. These
can be big-ticket items to the budget of a project. If the City would like a macadam
(A.C.) surface, this alone might cost $50,000. This would leave $75,000 to spend on
grading, drainage, retaining walls, road relocation, and other construction items. With
the current state of bidding, CJP/RTC thinks this budget is tight.
We would like to structure our scope of work as a phased project for the Lake Pathway
Improvement Project. Breaking the construction elements into smaller bid items, that
can be let-out over time as funds are available. From CJP/RTC you'll receive a
complete set of plans to construct the project, but the bid documents can be let out in a
phase manner. One alternative phasing plan might be as follows:
1. Improve and construct drainage facilities.
2. Relocate roadways where needed.
3. Pave pathway (partial).
4. Construct retaining walls.
5. Grade & pave remaining pathway
TIME •
As a project, once the location of the pathway is determined from the Master Plan, the
design and drafting of the construction documents is routine. The only issue with
production of the bid documents is the amount of time given in the RFP. It states that
four weeks are available for this work and within this there are two plan check
submittals.
CJP/RTC has developed an alternative time schedule that considers the plan check
submittals, but it calls for 6 weeks to complete the packet. Even with this schedule the
time line is tight. If the City cannot plan check the sets within one week it will extend
the time of completion of the drawings. Notice also that the work is to be "fast tracked".
This means that work on the drawings will be continuous even when the drawings are
in for plan check. CJP/RTC typically would not Like to design and draft during plan
check due to the possible extra revisions time that might occur.
PHASE 2 - TIME LINE
The chart below shows a time line that CJP/RTC will follow. It provides six weeks to
complete the construction bid packet, see above.
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• TIME SCHEDULE
MASTER PLAN & PATHWAY IMPROVEMENT PROJECT
(MILESTONE DATES)
ITEM DATE
MASTER PLAN
1. Agreement sign & start work March 15, 2001
2. Kick-off meeting March 19, 2001
3. Community Workshop April 5, 2001
4. Goal & objective list meeting with Advisory Team April 12, 2001
5. Present "Draft Master Plan" to Advisory Team May 3, 2001
6. Present revised "Draft Master Plan" to Advisory Team May 10, 2001
7. Present reports & final Master Plan to Park & Rec. Comm. May 24, 2001
8. Present "Adm. Draft Master Plan" to City Council June 12, 2001
CONSTRUCTION DOCUMENTS
9. Start work on pathway project June 13, 2001
10.Submit 50% completed plans for plan check June 27, 2001
11.Submit 90% completed plans for plan check July 11, 2001
12. Submit bid documents to City July 25, 2001
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EXHIBIT B •
CONSIDERATION FOR SERVICES
Contractor shall be paid as follows:
PROPOSED FEE - PHASE 1
CJP Productions, Landscape Architecture and R. Thompson Consulting, Civil
Engineers will produce work as specified in the "Request for Proposal" for Phase 1,
Atascadero Lake Park Master Plan for a fixed fee of$56,030.00 (fifty-six thousand thirty
dollars and .00 cents). The total fee for this Phase 1 shall not exceed $75,000.00.
The City agrees to pay CJP/RTC a retainer amount upon the start of master plan
design phase the amount of 25% of total fee charged. Billing will be done monthly
according to the percentage of work accomplished.
FEE ADJUSTMENT METHOD
If the City requires services beyond the scope of work stated within this the "Request for
Proposal" for Phase 1, Atascadero Lake Park Master Plan, the City agrees to pay for
these services per hour at the below stated rates for different type of services. This fee
adjustment method applies only to Phase 1 of the proposal. ,
PROPOSED FEE - PHASE 2
CJP Productions, Landscape Architecture and R. Thompson Consulting, Civil
Engineers will produce work as specified in the "Request for Proposal" for Phase 2,
Lake Park Improvement Project for a fee as a percentage of actual cost of construction
for Phase 2. The percentage multiplier for the cost of construction is 9.5% percent (nine
point five percent) for CJP/RTC. This fee is contingent upon
the following conditions:
1. Total fee charged, as a percentage, is not to exceed the total cost of construction for
Phase 2.
2. Included within this fee will be all reimbursable expenses such as postal expenses,
meals, travel, lodging, materials to prepare presentations, reproductions, and
printing cost associated with the work to perform Phase 2.
3. This percentage of work fee does not include any work by CJP/RTC after the
awarding of contract to build Phase 2. If extra work is required beyond this time,
such as project inspection, it will be paid per hour at the below stated rates for
different type of services.
4. The City agrees to pay CJP/RTC a retainer amount upon the start of contract
document in the amount of 25% of total fee charged.
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• 5. Remaining fee amount will be billed monthly according to the percentage of work
completed.
As an example of the total fee for this work (Phase 2), based on the City Engineers
estimated cost of$125,000.00 would be $11,875.00.
RATE SCHEDULE FOR KEY PERSONNEL
Personnel Description Typical Rate/Hr
Landscape Architect $90.00
Principal Engineer (PCE) $90.00
Principal Land Surveyor (office work) $90.00
Principal Land Surveyor (field work) $78.00
Licensed Land Surveyor (office work) $72.00
Licensed Land Surveyor (field work) $65.00
Civil Engineer (CE) $65.00
Senior Office Technician (Surveyor, office work)) $62.50
Field Technician (Surveyor) $65.00
Construction Engineer (CnE) $60.00
Project Designer (PD) $55.00
Office Technician I (Surveyor, office work)) $52.50
Landscape Designer $50.00
• Office Technician II (Surveyor, office work)) $47.50
Engineering Technician 1 (ET1) $45.00
CAD Drafter (CD, Engineer) $40.00
CAD Drafter (Landscape) $40.00
Clerical (Cl) $40.00
Expense Fee Schedule
Reimbursable Expenses Fee
Blueprints (24x36) $2.50 per sheet
Blueprints (18x26) $2.00 per sheet
Reproducibles (vellum, mylar, 24x36) $10.00 per sheet
Mailing (UPS, Fed Ex, Cal Overnight, etc.) Cost + 15%
Facsimile $1.00 per page
Photocopies $0.20 per page
Other Reproduction Cost + 15%
Subcontracted Services Cost + 15%
Travel by automobile $0.35 per mile
Travel - Other than automobile Cost + 15%
If authorized by client, an overtime premium multiplier of 1.5 will be applied to the billing
rate of hourly personnel who work overtime in order to meet a deadline which cannot be
met during normal working hours. Applicable sales tax will be added to these rates.
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ITEM NUMBER: C-3
DATE: 03/13/2001
Atascadero City Council
City Manager's Office
Information Bulletin
A. Employee Update
Gari Stinebaugh Building Inspector 1I Hired 3/1/2001
Sarah Colvin P/T Relief Zookeeper Resigned 12/31/00
Ron Roper P/T Temporary Computer Tech III Hired 2/28/2001
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