HomeMy WebLinkAboutCC_2021_11_09_Amended AgendaPacket
In accordance with City Council Resolution No. 2021-069 and the
requirements of AB 361, the City Council Meeting will not be physically open
to the public and City Council Members will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment
through the Zoom platform using the link above or by calling 805-538-2888 to listen
and provide public comment via phone.
If you wish to comment but not via a live platform, please email public comments to
cityclerk@atascadero.org by 12:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be forwarded to the City Council and made a part of the
administrative record. If a comment is received after the deadline for submission but
before the close of the meeting, the comment will still be included as a part of the
administrative record of the meeting but will be forwarded to the City Council the next
business day. Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
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 and are available for public inspection on our
website, www.atascadero.org. 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.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection by appointment during
City Hall business hours.
Page 1 of 138
CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA
CITY OF ATASCADERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, November 9, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:30 P.M.
1. ROLL CALL
2. CLOSED SESSION -- PUBLIC COMMENT
3. COUNCIL LEAVES TO BEGIN CLOSED SESSION
4. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9 (d) (1)
Name of Case: MDL 2804 Opiate Litigation in Northern District of Ohio
(Judge Aaron Polster)
b. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 9510 Calle Milano, Atascadero, CA 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Curtis J. Coleman and Julie A. Coleman
Subject of Negotiations: Price and terms of payment.
5. CLOSED SESSION – ADJOURNMENT
6. COUNCIL RETURNS
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 2 of 138
7. CLOSED SESSION – REPORT (IF ANY)
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the adjournment of
Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session is
not recorded or videotaped.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Moreno
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (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 Draft Action Minutes – October 26, 2021
▪ Recommendation: Council approve the October 26, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Unclaimed Funds
▪ Fiscal Impact: This action will result in recognition of General Fund revenue in
the amount of $2,825.02.
▪ Recommendation: Council transfer unclaimed Special Funds to General Fund.
[Administrative Services]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
Page 3 of 138
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 three minutes. Please state your name for the record
before making your presentation Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Integrated Waste Management Authority Resolution to Remain a Member
Agency, Amendments to the Joint Powers Agreement & Memorandum of
Understanding
▪ Fiscal Impact: IWMA-related fees are a cost to solid waste customers that are
typically reflected in the rates paid at the landfill and for garbage collection.
▪ Recommendations: Council:
1. Adopt Draft Resolution to remain a member agency of the San Luis Obispo
County Integrated Waste Management Authority provided certain
conditions are satisfied.
2. Adopt Draft Resolution authorizing execution of the San Luis Obispo
Integrated Waste Management Authority Joint Powers Agreement
Amendment #2 and the related Memorandum of Agreement Amendment #1.
[City Manager]
2. Updated Atascadero Chamber of Commerce Contract
▪ Fiscal Impact: $120,000 annually in budgeted funds.
▪ Recommendation: Council authorize the City Manager to execute a new
contract with the Atascadero Chamber of Commerce. [City Manager]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
Page 4 of 138
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (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.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURN
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. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 5 of 138
ITEM NUMBER: A-1
DATE: 11/09/21
Atascadero City Council
October 26, 2021
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 26, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor Moreno called Closed Session to order at 5:00 p.m.
1. ROLL CALL
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, City Attorney Brian Pierik, Deputy City
Clerk Amanda Muther, and IT Manager Luke Knight
2. CLOSED SESSION -- PUBLIC COMMENT
The following citizens spoke by telephone or through the webinar on this item: Chadwick
Corcoran
Mayor Moreno closed the Public Comment period.
3. COUNCIL LEAVES TO BEGIN CLOSED SESSION
Deputy City Clerk Muther and IT Manager Knight did not attend this portion of the meeting.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 6 of 138
ITEM NUMBER: A-1
DATE: 11/09/21
Atascadero City Council
October 26, 2021
Page 2 of 5
4. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 9510 Calle Milano, Atascadero, CA 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Curtis J. Coleman and Julie A. Coleman
Subject of Negotiations: Price and terms of payment.
5. CLOSED SESSION – ADJOURNMENT
6. COUNCIL RETURNS
7. CLOSED SESSION – REPORT (IF ANY)
City Attorney Pierik reported that there was no reportable action from Closed Session .
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:02 p.m. and Mayor Pro Tem Newsom led the
Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Fire Chief Casey Bryson, Public Works Director Nick DeBar,
Police Chief Robert Masterson, City Attorney Brian Pierik, Deputy City
Manager/City Clerk Lara Christensen, Deputy Community Development
Director Loreli Cappel and IT Manager Luke Knight
APPROVAL OF AGENDA:
MOTION: By Council Member Funk and seconded by Mayor Pro Tem Newsom to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
Page 7 of 138
ITEM NUMBER: A-1
DATE: 11/09/21
Atascadero City Council
October 26, 2021
Page 3 of 5
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 12, 2021
▪ Recommendation: Council approve the October 12, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. September 2021 Accounts Payable and Payroll
▪ Fiscal Impact: $4,201,762.16
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for September 2021. [Administrative Services]
3. El Camino Real Downtown Infrastructure Enhancement Project Design Award
▪ Fiscal Impact: Award of this contract will result in the expenditure of
approximately $710,000 of Atascadero Downtown Infrastructure State Budget
Allocation funds.
▪ Recommendations: Council:
1. Award a contract to Wallace Group for $598,811 to provide design
engineering and construction document preparation for the El Camino Real
Downtown Infrastructure Enhancement Project (Project No. C2017T01).
2. Authorize the Director of Administrative Services to allocate $3,000,000 in
City of Atascadero Downtown Infrastructure State Budget Allocation Funds
to the El Camino Real Downtown Infrastructure Enhancement Project.
[Public Works]
4. Atascadero Lake Park Improvements for Proposition 68 Parks and
Recreation Grant Per Capita Program Funds
▪ Fiscal Impact: The City of Atascadero is eligible to receive $177,952 through
the Per Capita Program. The Program requires a 20% local match ($35,590)
bringing the total budget amount of the project to $213,524.
▪ Recommendation: Council direct staff to apply for per capita funding through
the California Department of Parks and Recreation - Proposition 68 California
Drought, Water, Parks, Climate, Costal Protection and Outdoor Access for All
Per Capita Program for Lake Park Improvements. [Public Works]
5. Virtual Meetings – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
Council Member Funk thanked Senator Laird for his efforts in securing funding for the El
Camino Real Downtown Infrastructure Enhancement Project.
MOTION: By Council Member Funk and seconded by Council Member
Bourbeau to approve the Consent Calendar. (#A-3: Contract No.
2021-032) (#A-5: Resolution No. 2021-069)
Motion passed 5:0 by a roll-call vote.
Page 8 of 138
ITEM NUMBER: A-1
DATE: 11/09/21
Atascadero City Council
October 26, 2021
Page 4 of 5
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: Maggie Payne
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Affordable Housing Impact Fee Nexus Studies Update
▪ Fiscal Impact: Project costs are covered by grant funding received through
Senate Bill 2 (SB 2).
▪ Recommendation: Council review and comment on the nexus study provided
by EPS consultants for a potential affordable housing fee program as part of
an affordable housing strategy. [Community Development]
Community Development Director Dunsmore briefed the City Council on the staff report and
turned the presentation over to the consultant.
Representatives from EPC gave a presentation to the City Council and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Max Zappas
and Ken Trigueiro
Mayor Moreno closed the Public Comment period.
The Council reviewed and provided comment on the
Affordable Housing Impact Fee Nexus Study
Mayor Moreno recessed the meeting at 8:00 p.m.
Mayor Moreno reconvened the meeting at 8:10 p.m. with all present.
2. Emergency Evacuation Traffic Planning Study
▪ Fiscal Impact: The study has no direct costs beyond previously approved
consultant costs.
▪ Recommendation: Council receive and file the Emergency Evacuation Traffic
Planning Study. [Fire Department]
Page 9 of 138
ITEM NUMBER: A-1
DATE: 11/09/21
Atascadero City Council
October 26, 2021
Page 5 of 5
Fire Chief Bryson briefed the City Council on the staff report and turned the presentation
over to the consultant.
Steve Weinberger, Principal at W -Trans, gave a presentation to the City Council and
answered questions from the Council.
The Council received and filed the
Emergency Evacuation Traffic Planning Study.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
F. ADJOURN
Mayor Moreno adjourned the meeting at 9:22 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 10 of 138
ITEM NUMBER: A-2
DATE: 11/09/21
Atascadero City Council
Staff Report – Administrative Services Department
Unclaimed Funds
RECOMMENDATION:
Council transfer unclaimed Special Funds to General Fund.
DISCUSSION:
The City’s Unclaimed Money/Outstanding Checks Policy (Attachment 1) establishes
proper accounting for unclaimed money in a manner which follows Government Code
Sections 50050 through 50056. Unclaimed Funds consist of money which is not the
property of the City, but remains in the City Treasure or in the official custody of City
officers for three or more years without a claim being filed by legal owner(s). Common
sources include accounts payable, payroll, vendor payments, customer refunds, deposits,
and Police evidence/property.
Per the City’s Policy, the list of unclaimed items was published in the local newspaper two
successive weeks, August 26, 2021, and September 2, 2021. Each item on the list
included the 1) individual or business name as shown on the issued check /item, 2) the
amount of the issued check/item, 3) the check/reference number, and 4) the fund in which
the check/item is held. The notice also included a statement announcing that the money
shall become the property of the City on the date that is forty-five days after the publication
of the notice. Since the 45-day timeframe ended on a Sunday, the deadline to claim funds
was set as close of business on the next business day, October 18, 2021.
When the unclaimed funds become the property of the City of Atascadero and are in a
Special Fund, the City Council may transfer them to the General Fund. A total of $679.33
of the unclaimed funds, now property of the City of Atascadero, were held in Special
Funds. Another $2,145.69 in unclaimed funds couldn’t be traced back to a particular fund
and are thus, of unknown fund source (items were from the prior accounting system and
certain information was not retrievable.) The breakdown of Special Funds is as follows:
Gas Tax Fund: $306.01
Wastewater Fund: $258.32
Transit Fund: $115.00
Unknown: $2,145.69
Total funds to transfer: $2,825.02
Page 11 of 138
ITEM NUMBER: A-2
DATE: 11/09/21
Staff recommends Council transfer the unclaimed funds in Special Funds to the General
Fund.
FISCAL IMPACT:
This action will result in recognition of General Fund revenue in the amount of $2,825.02.
ATTACHMENT:
City of Atascadero Unclaimed Money/Outstanding Checks Policy
Page 12 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 13 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 14 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 15 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 16 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 17 of 138
ITEM NUMBER: A-2DATE: 11/09/21ATTACHMENT: 1Page 18 of 138
ITEM NUMBER:
DATE:
Atascadero City Council
Staff Report - City Manager’s Office
Integrated Waste Management Authority Resolution to Remain a
Member Agency, Amendments to the Joint Powers Agreement &
Memorandum of Understanding
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution to remain a member agency of the San Luis Obispo County
Integrated Waste Management Authority provided certain conditions are satisfied .
2. Adopt Draft Resolution authorizing execution of the San Luis Obispo Integrated
Waste Management Authority Joint Powers Agreement Amendment #2 and the
related Memorandum of Agreement Amendment #1.
DISCUSSION:
Background
The Integrated Waste Management Authority (IWMA) is a Joint Powers Authority (JPA)
consisting of member agencies including the County of San Luis Obispo (“County”),
seven cities (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo
Beach, and San Luis Obispo) and Community Services Districts (Heritage Ranch, San
Miguel, Nipomo, San Miguel Sanitary District, California Valley, Cambria, Cayucos,
Oceano, Los Osos, and Templeton). The IWMA was formed in 1994 and allows JPA
members to pool resources and cost-effectively comply with various State solid waste
regulations, including the recently enacted Short Lived Climate Pollutants regulations –
commonly referred to as Senate Bill (SB) 1383.
IWMA staff administer over 40 different solid waste p rograms, including monitoring and
reporting to the State, household hazardous waste collection, electronics waste
collection, sharps disposal, and public education and outreach. The IWMA’s activities are
funded through solid waste management fees imposed on waste through payment of
landfill tipping fee surcharges and charges to the contract waste haulers.
11/09/21
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ITEM NUMBER:
DATE:
Senate Bill 1383 Compliance
The IWMA is presently assisting member agencies in complying with SB 1383, which
goes into effective on January 1, 2022 and is the most significant change to solid waste
regulations in California in 30 years. SB 1383 requires all jurisdictions to implement
organic waste diversion programs to reduce emissions of methane gas. These programs
must include providing organic waste collection services to businesses and residences,
edible food recovery, public education and outreach, contamination monitoring and
sampling activities, recordkeeping and reporting, infrastructure capacity planning,
procurement of recovered organic waste products, and enforcement. The IWMA’s role
will be key in helping local jurisdictions comply with these requirements in a cost-effective
manner. SB 1383 will require updates to various sections of the Municipal Code and staff
will bring an ordinance to the Council later this fall to update the code in compliance with
SB 1383.
County of San Luis Obispo Withdrawal from IWMA
On May 18, 2021, the County of San Luis Obispo commissioned a third -party study of
costs to assess the fiscal impacts of withdrawal from the IWMA. On August 10, 2021, the
County Board of Supervisors conducted a public hearing to decide whether to withdraw
from the IWMA, and on September 14, 2021, the County Board of Supervisors passed a
resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
The County’s withdrawal requires review of the future viability of and changes to the
IWMA by other member agencies.
IWMA Analysis of Fee Increases Given County Withdrawal
Ratepayers in the member agencies contribute to the IWMA for its services through a
combination of a solid waste management fee paid by all solid waste ratepayers and a
landfill tipping fee of $3 per ton. In March 2021, the IWMA notified member agencies and
haulers of the need to increase fees in order to conduct SB 1383 compliance work. The
IWMA Board met and adopted an increased fee in June 2021 and provided notice of the
increased fee to member agencies. The Board’s action to increase fees was prior to the
County’s notice of intent to withdraw.
On September 8, 2021, the IWMA Board met and selected HF&H, a consulting firm
specializing in solid waste, to conduct an analysis of the impacts of the County’s
withdrawal from the JPA and potential IWMA fee increases given the departure of the
County and the implementation of SB 1383. Given this change in participation in the JPA,
the applicability and accuracy of the initial fee increase previously identified by IWMA (to
implement SB 1383) was reevaluated. This assessment will help inform the updated
budget for IWMA to address implementation of SB 1383 along with projecting the costs
to solid waste ratepayers in Atascadero.
Continued Role of IWMA and Proposed Resolution in Support of Continued
Participation
While changes in service level and revenue are anticipated impacts of the departure of
the County, further analysis is required to understand the breadth of those impacts on the
remaining member agencies. Despite the circumstances of the County’s departure and
amidst the reassessment of fees, representatives of the seven cities and special districts
have expressed their intent to remain members of the IWMA. Council Member Bourbeau
currently serves as the City’s representative on the IWMA Board.
11/09/21
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ITEM NUMBER:
DATE:
The City has been a member agency of the IWMA since its inception, and the IWMA has
been a partner in assisting the City in meeting compliance with multiple State mandates
now including SB 1383. Agencies’ continued participation as members of the IWMA is
critical for the JPA’s ongoing viability as a regional organization. Regionalism in solid
waste provides an economy of scale, ensures consistent education and outreach among
member jurisdictions, and locally has been a successful means of meeting waste
diversion and compliance since 1994. The IWMA has provided its member agencies with
educational outreach on landfill diversion, source reduction, and emissions reduction
efforts implemented in local communities.
The IWMA is a regional government entity representing its members in soli d waste
diversion and reduction efforts. The efficacy of the organization depends on the breadth
and participation of its member base and to remain an operating JPA, remaining member
agencies must agree on terms for the organization without the County’s in volvement. Staff
has conferred with staff in other cities on what conditions would be necessary to commit
to continued membership, as the County fully withdraws, with the goal of taking a
Resolution to each respective City Council to document this commitment. By adopting a
Resolution, each City would commit to achieving compliance with SB 1383 , by way of
continued services provided by the IWMA. Additionally, the IWMA will continue as a
regional organization providing cost-effective solid waste regulatory compliance services
to the member agencies’ communities. The Atascadero City Council is among one of the
last cities to consider such a resolution.
Some of the conditions laid out by other Member agencies are being addressed through
the immediate proposed changes to the Joint Powers Agreement and to the
Memorandum of Agreement including:
1. Remove the five County Supervisors as voting board members of the IWMA
effective immediately.
2. Remove the eight-member voting provision stated in Section 8.5.
Other proposed conditions are not included in the proposed JPA amendments, but are
anticipated to be discussed for future amendments or actions in the near future.
Conditions that the Council may want to consider include:
1. Add a provision to the Agreement which clearly and directly limits the IWMA’s
ability to adopt, impose, or implement any rule, regulation, policy, or ordinance
in excess of the State requirements.
2. Begin recruitment and diligently pursue hiring a permanent Executive Director
as soon as practical.
3. Hire a third-party firm with solid waste management expertise to analyze fees and
staffing structures and to make a recommendation for any programs and services
that are not required by, or are in excess of, State solid waste regulations. The
report shall identify potential cost saving measures and the IWMA Board shall
evaluate and consider recommendations to reduce costs and minimize expenses.
The report must be completed and distributed to all JPA members.
4. Ensure that adopted rules, regulations, policies, or procedures are flexible and
strive to minimize the very real financial, operational and logistical impacts to
businesses and residents while achieving State compliance.
11/09/21
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ITEM NUMBER:
DATE:
5. Consider a timeline for notice that must be given prior to a member choosing to
withdraw from IWMA that should not be less than six months.
Conditions Nos.1-3 are included in the Resolutions of Participation in IWMA for the cities
of San Luis Obispo, Paso Robles, Pismo Beach and Grover Beach. Morro Bay did not
include any conditions in their adopted Resolution of Participation in IWMA and the City
of Arroyo Grande has not adopted such a resolution. Condition No. 5 was included in the
City of Pismo Beach resolution.
The draft resolution included as part of this report includes all of the conditions listed
above. The Council may want to consider adopting all of these conditions, no conditions,
some combination of the suggested conditions or may wish to add additional conditions.
When considering conditions for remaining in IWMA, it is important to remember that the
IWMA is made up of diverse Member Agencies with differing perspectives on solid waste
management. In order to amend the Joint Powers Agreement, each City Council must
approve the amendments. If one City Council does not approve the amendment, the
Joint Powers Agreement will not be amended.
Changes to IWMA Joint Powers Agreement and Memorandum of Agreement Given
County Withdrawal
On October 13, 2021, the IWMA Board of Directors had approved amendments to the
existing Joint Powers Agreement (JPA) and Memorandum of Agreement (MOA) that
made the parliamentary changes necessary to permit the IWMA to continue without the
County as a member. The changes needed include:
1. Changing Section 5.3 of the JPA Agreement to replace the designated Member
required under Section 6509 of the California Government Code from the San Luis
Obispo County to the City of San Luis Obispo.
2. Changing Section 7.2(b) of the JPA Agreement to remove the Board of
Supervisors from the IWMA governing board.
3. Removing the requirement, found in Section 8.5 of the JPA Agreement, that at
least one County Supervisor be present in order to have the quorum necessary to
hold an IWMA Board Meeting.
4. Amending the Memorandum of Agreement to state that the parties agree to be
bound by the terms and conditions of the Integrated Waste Management Joint
Powers Agreement Amendment #2 and that all other terms and co nditions of the
MOA will remain in full force and effect.
In addition to the parliamentary changes required for the IWMA to continue without a
member, the Board also approved removing a provision in Section 8.5 of the JPA
Agreement which allowed one Member to call for an eight out of 13 Board Member
“supermajority” vote on any action item taken by the IWMA Board. This was a consistent
condition that was included in many of the Resolutions of Continued Participation that
have been passed by other Cities in the County. While not addressed as part of this
amendment to the JPA Agreement and MOA, it is anticipated that the IWMA Board will
consider other conditions included in Member Agency resolutions in the near future.
11/09/21
C-1
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ITEM NUMBER:
DATE:
FISCAL IMPACT:
The fiscal impact to ratepayers in remaining member agencies of the IWMA has been
calculated by HF&H Consultants and is currently being reviewed by IWMA. IWMA-related
fees are a cost to solid waste customers that are typically reflected in the rates paid at the
landfill and for garbage collection.
ALTERNATIVES:
The Council has the following alternatives to consider:
1. Council could choose not to adopt the resolution authorizing execution of the JPA
amendments; however, this is not recommended as it may inhibit the IWMA
Board’s ability to reach a quorum and thus have a valid IWMA Board Meeting.
2. Council could choose not to adopt the resolution to remain a member of the
IWMA JPA provided certain conditions are met. The Council may also choose to
delete or add conditions to the resolution prior to adoption.
ATTACHMENTS:
1. Draft Resolution to remain a member agency of the San Luis Obispo County
Integrated Waste Management Authority provided certain conditions are satisfied
2. Draft Resolution authorizing execution of the San Luis Obispo Integrated Waste
Management Authority Joint Powers Agreement Amendment #2 and the related
Memorandum of Agreement Amendment #1.
3. Joint Powers Agreement to Establish an Integrated Waste Management Authority for
the Cities and County of San Luis Obispo
4. Memorandum of Agreement Between the Member Jurisdictions of the San Luis
Obispo County Integrated Waste Management Authority
11/09/21
C-1
Page 23 of 138
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/09/21
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO REMAIN A MEMBER AGENCY
OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY JOINT POWERS AUTHORITY (JPA)
PROVIDED CERTAIN CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“IWMA”) is a JPA comprised of
the County of San Luis Obispo, (“County”) seven local agencies (Arroyo Grande, Atascadero, Grover
Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo) and a representative of the
Community Services District. The IWMA manages, on behalf of its members, hazardous waste,
universal waste, solid waste, recycling, and food/green waste; and
WHEREAS, the IWMA is a way for JPA members to pool resources and cost-effectively
comply with various solid waste and other regulations including, but not limited to, Senate Bill (SB)
1383, the recently enacted Short-Lived Climate Pollutants regulations. The IWMA staff is responsible
for administration of over 40 different solid waste programs including household hazardous waste
collection, electronics waste collection, and sharps disposal, and many of which require public
education and outreach, monitoring, and reporting to the State; and
WHEREAS, IWMA is in part supported through the payment of solid waste management
fees imposed on all solid waste ratepayers; and
WHEREAS, the IWMA is presently helping all member agencies comply with SB 1383,
which is the most significant change to solid waste regulations in 30 years. SB 1383 requires
jurisdictions to implement an organic waste diversion program that includes providing organic waste
collection services to businesses and residences, edible food recovery goals, public education and
outreach, contamination monitoring and sampling activities, recordkeeping and reporting, organic
and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste
products, and enforcement; and
WHEREAS, a series of events contributed to the County commissioning a third-party study
of costs for the County to withdraw from the IWMA and independently fulfill all essential functions
of the IWMA; and
WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing to decide
whether to withdraw from the IWMA. The County Board of Supervisors voted to withdraw from the
IWMA and implement an independent County solid waste compliance program; and
WHEREAS, the County’s analysis and subsequent August 10, 2021 decision to withdraw
did not include policy analysis or consideration regarding how withdrawal would financially impact
remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a resolution
to formally notify the IWMA of its intent to withdraw on November 15, 2021; and
Page 24 of 138
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/09/21
1
WHEREAS, the continued participation of the remaining member agencies of the IWMA
is critical for the JPA’s ongoing viability as a regional organization and regionalism in solid waste
provides an economy of scale, ensures consistent education and outreach among member
jurisdictions; and
WHEREAS, Atascadero has been a member agency of the IWMA since its inception, and
the IWMA has been a critical partner in assisting the City in meeting compliance with multiple
State mandates, including preparation for and implementation of SB 1383.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. The City hereby declares intent to remain a member agency of the San Luis
Obispo County Integrated Waste Management Authority (IWMA) subject to the following conditions:
a) The IWMA Joint Powers Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the
IWMA effective immediately.
ii) Remove the eight-member voting provision stated in Section 8.5.
iii) Add a provision to the Agreement which limits the IWMA’s ability to adopt,
impose, or implement any rule, regulation, policy, or ordinance in excess of
the State requirements.
iv) Consider a provision to the Agreement to ensure that adopted rules,
regulations, policies, or procedures are flexible and strive to minimize the
very real financial, operational and logistical impacts to businesses and
residents while achieving State compliance.
v) Consider a timeline for notice that must be given prior to a member
choosing to withdraw from IWMA that should not be less than six months.
b) The revised JPA Agreement must be fully executed as soon as possible and consistent
with Government Code Section 6503.5, appropriate notice of amendment to the JPA
shall be filed with the California Office of the Secretary of State.
c) The IWMA must also take the following actions:
i) Begin recruitment and diligently pursue hiring a permanent Executive
Director as soon as practical; and
ii) Hire a third-party firm with solid waste management expertise to analyze
fees, staffing structures and make recommendation for any programs and
services that are not required by, or are in excess of, State solid waste
regulations. The report shall identify potential cost saving measures and the
Board shall evaluate and consider recommendations to reduce costs and
minimize expenses. The report must be completed and distributed to all JPA
members.
SECTION 2. This Resolution shall take effect on the date it is approved. The City Manager
or their designee is directed to deliver this approved resolution to the IWMA’s Acting Executive
Director and Executive Committee.
Page 25 of 138
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/09/21
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of_______, 2021.
On motion by Council Member ___________ and seconded by Council Member ________,
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 26 of 138
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/09/21
2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING EXECUTION OF
THE SAN LUIS OBISPO INTEGRATED WASTE MANAGEMENT JOINT
POWERS AGREEMENT AMENDMENT #2 AND THE RELATED
MEMORANDUM OF AGREEMENT AMENDMENT #1
WHEREAS, on May 10, 1994, an agreement was executed by and between the Cities and
the County forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers
Act (Government Code sections 6500 et seq.), for the purposes of facilitating the development of
waste diversion programs and projects and of providing economies of scale on a regional basis
(hereinafter referred to as the "JPA Agreement"); and
WHEREAS, in or around 2001, a memorandum of agreement ("MOA") was executed by
and between the Cities, the County, and certain special districts within the County ("Authorized
Districts") (collectively "parties") amending the JPA Agreement to include the Authorized Districts
for representation on the IWMA Board ("First Amendment to the JPA Agreement"); and
WHEREAS, on September 14, 2021, the County Board of Supervisors voted to withdraw
from the IWMA with an effective date of November 15, 2021; and
WHEREAS, Section 7.2 (b) of the JPA Agreement provides that "[r]epresentatives to the
Authority shall consist of the five members of the Board of Supervisors of the County of San Luis
Obispo and of one additional member from the governing body of each incorporated city within the
boundaries of the County of San Luis Obispo which is a party to this Agreement ... "; and
WHEREAS, Section 8.5 of the JPA Agreement provides that to establish a quorum of the
IWMA Board, there must be present a majority of representatives, "including one COUNTY
representative"; and
WHEREAS, Section 8.5 of the JPA Agreement states “However, eight (8) affirmative votes
shall be required for taking any action in the event any Member demands such a vote; and
WHEREAS, on October 13, 2021 the IWMA Board of Directors approved amendments to
the existing Joint Powers Agreement (JPA) and Memorandum of Agreement making the parliamentary
changes necessary to permit the IWMA to continue without the County as a member; and
WHEREAS, on October 13, 2021, the IWMA Board of Directors also agreed to strike the
language from the JPA requiring eight affirmative votes for any action is so requested by a Member; and
WHEREAS, to facilitate the continued operation of the IWMA Board of Directors without
the County as a member jurisdiction, this Second Amendment to the JPA Agreement is necessary to
(1) revise the representative members of the IWMA Board of Directors to eliminate the participation
of the County Board of Supervisors; and (2) eliminate the requirement that a County representative
is required to establish a quorum of the IWMA Board; and
Page 27 of 138
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/09/21
2
WHEREAS, several member agencies have adopted Resolutions of Participation declaring
intent to remain a member agency of the IWMA subject to certain conditions being met; and
WHEREAS, the proposed Second Amendment to the JPA Agreement does not include all
the conditions as outlined in the member agency Resolutions of Participation and are expected to be
discussed for future amendments to the JPA and/or action by the IWMA in the near future.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. The City Council hereby finds and determines that all of the recitals are true
and correct.
SECTION 2. The City Council supports the parliamentary changes necessary to permit the
IWMA to continue without the County as a member.
SECTION 3. The City Council supports revising the JPA Agreement to eliminate the
provision that allows a member to call for eight affirmative votes on an action.
SECTION 4. The City Council anticipates an additional JPA Amendment to be presented to
the member agencies and/or action to be taken by the IWMA Board in the near future to address
conditions of membership as outlined in Resolutions of Participation passed by member agencies.
SECTION 5. The City Council authorizes the Mayor to execute San Luis Obispo County
Integrated Waste Management Authority Joint Powers Agreement Amendment #2 (Exhibit A) and
Memorandum of Agreement Amendment #1 (Exhibit B).
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of_______, 2021.
On motion by Council Member ___________ and seconded by Council Member ________, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 28 of 138
Exhibit A to Draft Resolution
SECOND AMENDMENT TO THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY
("IWMA") JOINT POWERS AGREEMENT
This Second Amendment to the Joint Powers Agreement ("Second Amendment")
dated October 13, 2021, is made by and between the incorporated cities of Arroyo
Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and
San Luis Obispo, hereinafter called "Cities," and the County of San Luis Obispo,
hereinafter called "County.
RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the
Cities and the County forming a joint powers authority pursuant to the provisions of the
Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purposes
of facilitating the development of waste diversion programs and projects and of providing
economies of scale on a regional basis (hereinafter referred to as the "JPA Agreement");
and
WHEREAS, in or around 2001, a memorandum of agreement ("MOA") was
executed by and between the Cities, the County, and certain special districts within the
County ("Authorized Districts") (collectively "parties") amending the JPA Agreement to
include the Authorized Districts for representation on the IWMA Board ("First Amendment
to the JPA Agreement"); and
WHEREAS, Section 7.2 (b) of the JPA Agreement provides that "[r]epresentatives
to the Authority shall consist of the five members of the Board of Supervisors of the
County of San Luis Obispo and of one additional member from the governing body of
each incorporated city within the boundaries of the County of San Luis Obispo which is a
party to this Agreement ... "; and
WHEREAS, Section 8.5 of the JPA Agreement provides that to establish a quorum
of the IWMA Board, there must be present a majority of representatives, "including one
COUNTY representative"; and
WHEREAS, on September 14, 2021, the County Board of Supervisors voted to
withdraw from the IWMA with an effective date of November 15, 2021; a nd
WHEREAS, to facilitate the continued operation of the IWMA Board of Directors
without the County as a member jurisdiction, this Second Amendment to the JPA
Agreement is necessary to (1) revise the representative members of the IWMA Board of
Directors to eliminate the participation of the County Board of Supervisors; and (2)
eliminate the requirement that a County representative is required to establish a quorum
of the IWMA Board.
ITEM NUMBER: C-1
DATE: 11/09/21
ATTACHMENT: 2A
Page 29 of 138
Exhibit A to Draft Resolution
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Section 5.3 of the JPA Agreement is amended and restated as follows:
Such powers shall be exercised subject only to the limitations set forth in this
Agreement, applicable law and such restrictions upon the manner of exercising
such powers as are imposed by law upon the Members in the exercise of similar
powers. In no event shall the Authority be authorized to exercise any power not
expressly authorized. The Authority hereby designates the City of San Luis Obispo
San Luis Obispo County as the Member required to be designated by Section 6509
of the California Government Code.
2. Section 7.2 (b) of the JPA Agreement is amended and restated as follows:
Representatives of the COUNTY and CITIES shall be appointed to serve on the
Board in accordance with procedures established by each of the governing bodies
of the member agencies. Representatives to the Authority shall consist of the five
members of the Board of Supervisors of the County of San Luis Obispo and of one
additional member from the governing body of each incorporated city w ithin the
boundaries of the County of San Luis Obispo which is a party to this Agreement,
with each incorporated area being limited to one representative. Representatives
shall serve so long as they hold office with their member agency or until they shall
resign or be removed by a majority vote of their member agency. Vacancies among
representatives shall be filled in the same manner as the first appointment.
3. Section 8.5 of the JPA Agreement is amended and restated as follows:
8.5 Quorum and voting. For purposes of conducting business, there shall be
present a quorum consisting of a majority of representatives, including one
COUNTY representative. Each representative shall have one vote. No action shall
be effective without the affirmative votes of a ma jority of those present. However,
eight (8) affirmative votes shall be required for taking any action in the event any
Member demands such a vote. The representatives to the Authority shall adopt
such procedures as are consistent with this Agreement and necessary to conduct
the business of the Authority in an orderly manner.
4. All other terms and conditions of the JPA Agreement will remain in full force and
effect.
5. Effective Date. This Second Amendment shall become effective upon the adoption
and execution of all member agencies and the formal exit of the County of San
Luis Obispo from the IWMA.
ITEM NUMBER: C-1
DATE: 11/09/21
ATTACHMENT: 2A
Page 30 of 138
Exhibit A to Draft Resolution
IN WITNESS WHEREOF, the parties have each caused this Second Amendment
to the JPA to be executed by their duly authorized representative effective upon the
execution by all member agencies.
ITEM NUMBER: C-1
DATE: 11/09/21
ATTACHMENT: 2A
Page 31 of 138
1
Exhibit B to Draft Resolution
FIRST AMENDMENT TO THE
MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER JURISDICATIONS
OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY AND THE AUTHORIZED DISTRICTS
This First Amendment to the Memorandum of Agreement ("First Amendment to
the MOA") is executed on the date below stated, by and between the Member
Jurisdictions of the San Luis Obispo County Integrated Waste Management Authority (the
County of San Luis Obispo and the incorporated cities of Arroyo Grande, Atascadero, El
Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo) and the
special district parties to the Memorandum of Agreement ("MOA") (Avila Beach
Community Services District, California Valley Community Services District, Cambria
Community Services District, Cayucos Sanitary District, Ground Squirrel Hollow
Community Services District, Heritage Ranch Community Services District, Los Osos
Community Services District, Nipomo Community Services District , Oceana Community
Services District, San Miguel Community Services District, San Simeon Community
Services District, and Templeton Community Services District (hereinafter "Authorized
Districts")).
RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the
incorporated cities of San Luis Obispo County and the County of San Luis Obispo forming
a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act
(Government Code sections 6500 et seq.), for the purpose of facilitating the development
of waste diversion programs and projects that provide economies of scale without
interfering with individual agencies' exercise of power within their own jurisdiction
(hereinafter referred to as the "JPA Agreement"); and
WHEREAS, pursuant to the JPA Agreement, the power to perform the
responsibilities of the joint powers authority was vested in the San Luis Obispo County
Integrated Waste Management Authority Board of Directors ("IWMA Board"); and
WHEREAS, in or around 2001, an MOA was executed by and between the
incorporated cities, the County of San Luis Obispo, and the Authorized Districts amending
the JPA Agreement to include the Authorized Districts for representation on the IWMA
Board ("First Amendment to the JPA Agreement"); and
WHEREAS, in or around October 13, 2021, the JPA Agreement was amended
("Second Amendment to the JPA Agreement") to reflect the County of San Luis Obispo's
withdrawal from the IWMA (a true and correct copy of the Second Amendment to the JPA
Agreement is attached hereto as Exhibit A); and
ITEM NUMBER: C-1
DATE: 11/09/21
ATTACHMENT: 2B
Page 32 of 138
Exhibit B to Draft Resolution
WHEREAS, by this First Amendment to the MOA, the parties hereto desire to
acknowledge, accept, and agree to be bound by the terms and conditions of the Second
Amendment to the JPA Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The parties hereto desire to acknowledge, accept, and agree to be bound
by the terms and conditions of the Second Amendment to the JPA
Agreement.
2. All other terms and conditions of the MOA will remain in full force and effect.
This First Amendment to the MOA may be executed in any number of counterparts,
each of which when executed and delivered shall constitute a duplicate original, but all
counterparts together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have each caused this First Amendment to
the MOA to be executed by their duly authorized representative effective upon the
execution by all member agencies.
CITY OF ATASCADERO
By: _
Mayor
Clerk
Date: _
Resolution No.
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City
Attorney
Date: -----------
ITEM NUMBER: C-1
DATE: 11/09/21
ATTACHMENT: 2B
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ITEM NUMBER: C-2
DATE: 11/09/21
Atascadero City Council
Staff Report – City Manager’s Office
Updated Atascadero Chamber of Commerce Contract
RECOMMENDATION:
Council authorize the City Manager to execute a new contract with the Atascadero
Chamber of Commerce.
DISCUSSION:
Since 1992, the City of Atascadero has had a contract in place with the Atascadero
Chamber of Commerce for the performance of publicity, advertising and additional
services that favorably promote our community’s advantages and opportunities, and to
carry out many other tasks on behalf of the City that help to promote business, industrial,
and residential development in Atascadero. The City has a long history of financially
supporting the Atascadero Chamber, recognizing that the Chamber successfully
achieves important work that contributes to the economic health and vitality of our
community.
In about 2018-2019, realizing that some of the previous requirements and terms set forth
in the original agreement had become outdated or obsolete, the City Council asked the
City Manager to work together with the Atascadero Chamber Director to review and
renegotiate a new contract. Several unexpected events, including changes made in
Chamber executive management combined with the City’s focus on COVID-19 related
priorities, have combined to delay the contract review and renegotiation process. The
City Manager and Chamber Executive have been meeting over the past few months to
negotiate a support agreement that would work for both the Chamber of Commerce and
meet the City’s needs.
The scope of services to be provided under the draft proposed contract include:
• General Provisions - provides for the following:
o Chamber preparation of an annual report to the City Council
o City Manager appointment of one voting member to the Chamber Board
o City receipt of all rights and benefits provided to other Chamber Sponsors
o Default language
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• General Services ($45,000) - includes:
o Chamber operation of the Chamber office with set hours
o Chamber operation of a visitor center
o Chamber employment of professional staff
o Chamber response to public inquiries
o Chamber participation in community and regional engagement
• Events and Programs ($30,000) - the Chamber will hold the following events and
programs:
o Art, Wine and Brew Tours
o Business Walk (every 3 years)
o State of the North County
o Talk on the Block series
o Atascadero Lakeside Wine Festival (includes City right of first refusal if the
Chamber decides not to do the event in the future)
• Economic Development Support ($30,000) - programs include:
o Chamber preparation of an Economic Profile
o Chamber preparation of a Business Start-Up guide
o Chamber develop, gather, prepare and host economic data on the Chamber
website
o Chamber promotion, facilitation and assistance with vacant commercial/
office opportunities
o General business advocacy by the Chamber
• Bridgeworks Co-Working Space ($15,000)
The new draft contract also changes how the amount to be paid to the Chambe r is
calculated. The prior Agreement between the City and the Chamber was an automatically
renewing, perpetual agreement that used a City revenue-based formula to calculate the
fees paid by the City to the Chamber on an annual basis. Going forward, upon e xecution
of this new agreement, the City’s contributions to the Chamber will be changed to an
annual fixed fee of $120,000, plus CPI adjustments. Below is a five -year history of the
amounts paid to the Atascadero Chamber of Commerce under the current agree ment.
Proposed Actual Actual Actual Actual Actual
2021-2022 2020-2021 2019-2020 2018-2019 2017-2018 2016-2017
Chamber Contract
Amount 120,000$ 100,814$ 117,823$ 116,709$ 112,543$ 106,941$
The draft contract also proposes a three -year term with the option of administrative
renewal for an additional two one-year terms. This time frame is similar to other City
contracts and will allow both the City and the Chamber of Commerce to revise and update
the provisions in the contract periodically.
FISCAL IMPACT:
Execution of a new contract with the Atascadero Chamber of Commerce will result in the
expenditure of $120,000 annually in budgeted funds.
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ITEM NUMBER: C-2
DATE: 11/09/21
ALTERNATIVES:
The City Council may provide staff direction to negotiate with the Chamber of Commerce
for changes to be incorporated into a new support contract or the Council may decide to
discontinue financial support of the Chamber.
ATTACHMENT:
Draft Contract
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CITY OF ATASCADERO
CONTRACT FOR
Atascadero Chamber of Commerce
for
Chamber Services
ITEM NUMBER: C-2
DATE: 11/09/21
ATTACHMENT: 1
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1
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
Atascadero Chamber of Commerce
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation (“City”) and Atascadero Chamber of Commerce (“Chamber”). City and
Chamber agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Chamber shall do all work, attend all meetings, produce all reports and
carry out all activities necessary to complete the services described in the SCOPE OF WORK
AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference
as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the
“Contract Documents.” Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CHAMBER. Chamber enters
into this Contract as, and shall at all times remain as to the City, an independent contractor a nd
not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Chamber for the performance of
services pursuant to this Contract shall remain employees of Chamber, shall at all times be
under the direction and control of Chamber, and shall not be considered employees of City. All
persons employed by Chamber to perform services pursuant to this Contract shall be entitled
solely to the right and privileges afforded to Chamber employees and shall not be entitled, as a
result of providing services hereunder, to any additional rights or privileges that may be afforded
to City employees.
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B. INDEPENDENT INVESTIGATION. The Chamber agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Chamber shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Chamber shall not engage in unlawful
employment discrimination. Such unlawful employment discrimination includes, but is not limited
to, employment discrimination based upon a person’s race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual
orientation.
3.TIME OF PERFORMANCE:
The services of Chamber are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 18 below, this Contract
shall terminate no later than June 30, 2024 with the option of two (2) one-year extensions upon
mutual agreement of both parties.
4.COMPENSATION:
A. TERMS. Compensation to the Chamber shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Chamber shall not be
compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager’s
designee (hereinafter “City Manager” shall include the City Manager’s designee). Chamber shall
be compensated for any additional services in the amounts and in the manner as agreed to by
City and Chamber at the time City’s express written authorization signed by the City Manager is
given to Chamber for the performance of said services.
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City of Atascadero
Atascadero Chamber of Commerce
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Chamber shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Chamber shall comply with the City
Manager’s request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Chamber may be obligated to comply with bargaining agreements and/or
other agreements with employees and that the Chamber is legally obligated to comply with these
Contracts. It is expressly the intent of the parties and it is agreed by the parties that the
Chamber’s performance shall not in any manner be subject to any bargaining agreement(s) or
any other agreement(s) the Chamber may have covering and/or with is employees.
6. TERMINATION:
A. 90 DAYS NOTICE. The City, upon ninety (90) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Chamber shall be
compensated for non-disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Chamber shall not be relieved of liability to the City for damages sustained by the City
by virtue of any breach of this Contract by Chamber, and the City may withhold any payments
due to Chamber until such time as the exact amount of damages, if any, due the City from
Chamber is determined. All of the indemnification, defense and hold harmless obligations in this
Contract shall survive termination.
7. CHANGES:
The City or Chamber may, from time to time, request changes in the scope of the services
of Chamber to be performed hereunder. Such changes, including any increase or decrease in
the amount of Chamber’s compensation and/or changes in the schedule must be authorized in
advance by both Parties in writing. Mutually agreed changes shall be incorporated in written
amendments to this Contract. Any increase in the amount of Chamber’s compensation and/or
changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager.
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8. CONFLICTS OF INTEREST:
A. CHAMBER covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Chamber’s performance of services under this Contract.
Chamber further covenants that in the performance of this Contract, Chamber shall take
reasonable care to ensure that no person having any such interest shall be employed by it as
an officer, employee, agent or subcontractor without the express written consent of the City
Manager. Chamber agrees to at all times avoid conflicts of interest or the appearance of any
conflicts of interest with the interests of City in the performance of this Contract. Chamber agrees
to include language similar to this Section 9(A) in all contracts with subcontractors and agent s
for the work contemplated herein.
9. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Chamber pursuant to performance of this Contract are confidential and Chamber agrees that
they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Chamber or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party’s, including the non -releasing party’s
attorney’s fees and disbursements, including without limitation expert’s fees and disbursements.
C. COOPERATION. City and Chamber shall promptly notify the other party should
Chamber or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Chamber each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Chamber and City agree to cooperate fully with the other party a nd to provide the other party
with the opportunity to review any response to discovery requests provided by Chamber or City.
However, City and Chamber’s right to review any such response does not imply or mean the
right by the other party to control, direct, or rewrite said response.
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10. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CHAMBER PROPERTY. Chamber shall furnish all necessary labor, supervision,
equipment, communications facilities, and supplies necessary to perform the ser vices required
by this Contract. City acknowledges that all equipment and other tangible assets used by
Chamber in providing these services are the property of Chamber and shall remain the property
of Chamber upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City’s sole cost and
expense.
11. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Chamber shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Chamber shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Chamber shall at all times hold a valid contractor’s
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions Code,
and Chamber shall provide a copy of the license(s) upon the request of the City. The City, its
officials, officers, elected officials, appointed officials and employees shall not be liable at law or
in equity as a result of any failure of Chamber to comply with this section.
B. PREVAILING WAGES. In the event it is determined that the Chamber is required to
pay prevailing wages for the work performed under this Agreement, the Chamber shall pay all
penalties and wages as required by applicable law.
12. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Chamber shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Chamber.
13. ASSIGNABILITY:
Chamber shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Chamber from the City under this
Contract may be assigned to a financial institution, but only with prior written consent of the City
Manager. Notice of any assignment or transfer whether volunta ry or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
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14. LIABILITY OF CHAMBER:
Chamber shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Chamber’s profession and shall be
liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Chamber or its employees, agents, contractors or subcontractors.
15. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Chamber’s Services, to the fullest extent permitted by law,
Chamber shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities,
damages, costs and expenses, including attorneys fees and costs to the extent same are caused
in whole or in part by any negligen ce or wrongful act, error or omission of Chamber, willful
misconduct, or recklessness of its officers, agents, employees or sub-consultants (or any entity
or individual that Chamber shall bear the legal liability thereof) in the performance of professional
services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Chamber shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by Chamber
or by any individual or entity for which Chamber is legally liable, including but not limited to
officers, agents, employees or subconsultants of Chamber.
16. INSURANCE:
Chamber shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement.
17. RECORDS:
Chamber shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Chamber shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a fo rm acceptable to the City, which the
City may specify and change from time to time. Chamber shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
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City of Atascadero
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7
transcripts therefrom as necessary, and shall allow inspection of all work, data,
documents, proceedings, and activities related to this Contract. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of final
payment.
18. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Chamber hereby promises and agrees to comply with all
of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as
amended; and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Chamber so employ such unauthorized aliens for the performance of work and/or
services covered by this contract, and should the Federal Government impose sanctions against
the City for such use of unauthorized aliens, Chamber hereby agrees to, and shall, reimburse
City for the cost of all such sanctions imposed, together with any and all costs, including
attorneys’ fees, incurred by the City in connection therewith.
C. GOVERNING LAW . The City and Chamber understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Chamber by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, m ay be made by
Chamber nor changed, substituted for, deleted, or added to without the prior written consent of
City which consent shall not be unreasonably withheld. Any attempted assignment or
substitution shall be ineffective, null, and void, and constitu te a material breach of this Contract
entitling City to any and all remedies at law or in equity, including summary termination of this
Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
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City of Atascadero
Atascadero Chamber of Commerce
8
agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Chamber and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal, or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be in
writing and shall be deemed to have been given if delivered personally or enclosed in a prop erly
addressed envelope and deposited in a United States Post Office for delivery by registered or
certified mail addressed to the parties (deemed to have been received three (3) business days
after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Chamber Atascadero Chamber of Commerce
Josh Cross, President/CEO
6907 El Camino Real
Atascadero, CA 93422
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
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K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Chamber warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Chamber
to the performance of its obligations hereunder.
Effective July 1, 2021 by the parties as follows.
ATASCADERO CHAMBER OF COMMERCE
__________________________________
Josh Cross, President/CEO
CITY OF ATASCADERO
__________________________________
Rachelle Rickard, City Manager
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City of Atascadero
Atascadero Chamber of Commerce
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CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code , which require every employer
to be insured against liability for workers’ compensation or to undertake self -insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CHAMBER
_____________________________
Atascadero Chamber of Commerce
Josh Cross, President/CEO
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A-1
EXHIBIT A
Scope of Work
GENERAL PROVISIONS
• By formal presentation to the City Council once per year, the Chamber shall furnish an
annual report of its promotional activities to City, which shall consist of the activities
scheduled for the next 12 succeeding months and a review of the activities
accomplished during the preceding 12 months. Said reports shall include a detailed
breakdown of all amounts expended and expected to be expended by Chamber for
said activities. In addition, Chamber shall meet with City staff periodically.
• One Voting Member of the Chamber Board is to be appointed by the City Manager.
• City shall receive all rights and benefits conferred to Chamber members and sponsors.
Sponsorship level shall be considered the same as the highest level Chamber sponsor
• In the event, in the opinion of the majority of the City Council, Chamber is not
functioning effectively, then City may give Chamber notice of this fact, specifying in
detail the alleged default or defaults, and Chamber must forthwith correct said
default or defaults, or the provisions in this Agreement for financial sponsorship of
Chamber may be terminated by action of the majority of the City Council.
Task A – General Services - $45,000
Task A.1 – Provide a Chamber Office – The Chamber will maintain an office with visible
signage that will be readily identifiable by members of the public. A Chamber staff
member or members will be available to the public during regular, publicly advertised,
weekday office hours to be determined by the Chamber (minimum of 20 hours per week).
Due to minimal staffing and unforeseen circumstances, it is understood that in rare
circumstances, the Chamber will not be able to remain open during these hours. The
Chamber, however, understands the need for consistency and reliability and will strive to
minimize these closures.
OBJECTIVE
• Serve as the community’s business and information resource center.
OUTCOME
• Secure a physical space to conduct Chamber operations.
Task A.2 – Provide a Dedicated Visitor Center – A portion of the Chamber office will be
dedicated to visitor services and will include information regarding tourism, local
businesses, and information for new residents.
OBJECTIVE
• Serve as the visitor center for Atascadero.
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OUTCOMES
• Offer a physical place for visitor’s, new residents, and investors to come
and learn more about the community.
• Provision of a daily visitation/call-log to present to the City on an annual
basis.
• A place where visitors can purchase locally crafted merchandise from our
City/Community.
• Keep an updated calendar of events on the Chamber’s website to help
with communications.
Task A.3 – Employ Chamber Staff – The Chamber will employ competent personnel to
carry-on promotional activities herein enumerated.
OBJECTIVE
• Ensure the Chamber remains operational by employing competent staff.
OUTCOME
• Provide one or more staff members to operate the chamber office.
Task A.4 – Respond to Public Inquiries – The Chamber will respond to communications
relative to the business, industrial, residential, educational, cultural, and recreational
advantages and opportunities in the City, and disseminate information by various means
available, including traditional correspondence, digital and/or electronic communications
via email and web posts, newspaper and other publicity and personal contacts; favorably
advertising such advantages and opportunities.
OBJECTIVE
• Ensure the Chamber remains responsive to public/visitor/investor
inquiries.
OUTCOME
• Answer or respond to phone calls and emails regarding business and/or
tourism opportunities.
Task A.5 – Community and Regional Engagement – The Chamber understands that
having an active and visual presence is an important part of developing our community’s
voice. The Chamber CEO and/or staff will participate in various community and regional
meetings, events, and public hearings as appropriate and as time permits.
OBJECTIVE
• Ensure the Chamber remains visible within the City and the region.
OUTCOME
• A Chamber staff representative shall attempt to attend each Atascadero
City Council hearing.
• A Chamber staff representative shall attempt to attend each Atascadero T-
BID meeting.
• A Chamber staff representative shall attempt to attend meetings such as
Cal Poly LEDC, SLO County Board of Supervisor Hearings, REACH/EVC
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meetings/events, and Visit SLOCAL meetings/events.
Task B – Events and Programs - $30,000
Task B.1 – Art, Wine, and Brew Tours – As a way to promote Downtown, the Chamber
will take the lead in organizing quarterly Art, Wine, and Brew Tours. These tours generate
vibrancy and are a good way to promote artists, wineries, breweries, and Downtown
businesses.
OBJECTIVE
• Coordinate, produce, market, and staff Art, Wine, and Brew Tours up to
four times per year.
OUTCOME
• Visitors and residents enhance the Downtown economy.
Task B.2 – Business Walk – At least once every three years, the Chamber and its many
volunteers will seek to engage with hundreds of Atascadero businesses over the course of
one day. The purpose of the business walk is to inquire about the status of business
conditions and to have a visual presence in the community.
OBJECTIVE
• Connect with local businesses to learn about the challenges they are
facing.
OUTCOME
• A business community that feels that their concerns are being listened too.
Task B.3 – State of the North County – This annual event brings together the North
County communities to discuss economic conditions, to share community updates, and to
hear from expert speakers.
OBJECTIVE
• Co-Coordinate, produce, and staff an annual meeting of North County
residents and businesses to learn about economic conditions and to be
educated on relevant topics.
OUTCOME
• An informed and educated business community.
Task B.4– Talk on the Block – The Chamber will facilitate a series of neighborhood
meetings to engage the residential and business community in order to give participants
the platform to voice their concerns to City leadership. Up to four events per year will be
facilitated by the Chamber.
OBJECTIVE
• To facilitate up to four opportunities annually for the residential and
business community to voice their concerns to City leadership.
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OUTCOME
• A community that feels connected to City leadership and that their
concerns have been heard.
Task B.5 – Atascadero Lakeside Wine Festival – The Chamber will continue to serve as
the champion for this important annual event. A sub-committee of volunteers will be
formed to produce, staff, and manage the event. Chamber staff will market the event
and provide support as needed. The City maintains first right of refusal if the Chamber
chooses to no longer produce the event.
OBJECTIVE
• Assist in the coordination, production and staffing of the annual
Atascadero Lakeside Wine Festival.
OUTCOME
• Awareness of Atascadero as a destination to return to time-and-time
again.
Task C – Economic Development Support - $30,000
Task C.1 – Preparation of an Economic Profile – In this task, the Chamber will prepare a
magazine like piece of collateral that describes the economic conditions of the City. This
Profile will be distributed to the City, relators, and developers who have a vested interest
in attracting outside investment into the community. The Economic Profile will be
updated biannually.
OBJECTIVE
• Prepare a tangible tool to promote Atascadero’s Economic Development
potential.
OUTCOME
• Investors become interested in opening a business in Atascadero.
Task C.2 – Prepare a Business Start-Up Guide – The Chamber will prepare a business
start-up guide that is tailored specifically for Atascadero businesses. This will include
information regarding business licenses, permits, and relevant regulations. This guide will
be prepared in coordination with SCORE.
OBJECTIVE
• To prepare a tangible tool to assist businesses start their business within
the Atascadero regulatory framework.
OUTCOME
• Informed and confident business start-ups.
Task C.3 – Prepare economic data on Chamber’s website – The Chamber will include
economic development related information on its website as a resource for the business
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community and for potential investors. This will include information such as the
economic profile, business start-up guide, reasons to choose Atascadero, and map of
developable properties.
OBJECTIVE
• To offer a place for businesses to learn about the economic conditions and
opportunities in Atascadero.
OUTCOME
• Investors use the resource to open a dialogue with the Chamber and City
regarding next steps.
Task C.4 – Promote commercial/office opportunities – Building off the Developable
Properties map developed by the City, the Chamber will promote vacant commercial and
office properties to potential investors by meeting with interested parties.
OBJECTIVE
• To promote and market vacant commercial, office, and industrial
properties.
OUTCOME
• An increase in investor interest in the Atascadero market.
Task C.5 – Business Advocacy – The Chamber will serve as an advocate for the business
community.
OBJECTIVE
• To serve as an ombudsman for businesses who are facing challenges doing
business in Atascadero.
OUTCOME
• Businesses who feel supported when faced with challenges.
Task D – Atascadero Bridgeworks Co-Working - $15,000
Task D.1 – Bridgeworks Co-Working Space - Space for workers to start their own business
and/or work remotely for companies outside of the area that allow their Atascadero
resident/staff to work where they live.
OBJECTIVE
• To operate a space for creative, start-up, and veteran business owners to
launch their business dream.
• Provide and nourish small businesses preparing them to grow into their
own spaces.
OUTCOMES
• Successful businesses are ‘launched’ into the greater Atascadero
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community.
Task D.2 – Bridgeworks Marketing – The Chamber will promote Bridgeworks Coworking
to areas outside of Atascadero such as Silicon Valley, Los Angeles, and the Bay Area. Using
targeted geo-fencing, a series of social media ads will be placed to capture interest.
OBJECTIVE
• To bring awareness of Bridgeworks Co-Working.
OUTCOME
• Bridgeworks will reach capacity.
ITEM NUMBER: C-2
DATE: 11/09/21
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EXHIBIT B-1
Compensation and Method of Payment
Services will be conducted on a fixed fee basis and shall be paid in two equal installments in
July and January of each year. The annual fixed fee contract amount (Annual Fee) for July 1,
2021 – June 30, 2022 shall be $120,000.00. Effective on July 1, 2022, and on July 1st of every
year thereafter during the remaining term of this agreement or any extension period, such Annual
Fee then in effect under this shall be increased by the percentage change in the CPI Index for
the most recent twelve month period ending in the month of May. For purposes of this
Agreement, the term "CPI Index" means the official Consumer's Price Index for All Items, for the
Los Angeles-Long Beach- Anaheim, CA area, 1982-1984=100 as published by the United States
Department of Labor, Bureau of Labor Statistics (Series ID CUURS49ASA0). If the CPI Index is
no longer published, then appropriate reference figures for the CPI Index shall be derived from
any successor comparable index mutually agreed upon by the Parties to be authoritative.
This Annual Fee includes all work including but not limited of general provisions, general
services, events and programs, economic development support and Bridgeworks as outlined in
the scope of services. Any additional services authorized by the City of Atascadero, not included
in the scope of services as defined by this contract, must be approved in the form of a City of
Atascadero Change Order prior to performing additional work.
Payments to the contractor in excess of the Annual Fee will not be made unless written
authorization is executed prior to the date of the additional requested work. Any charges
incurred outside of these contract terms will not be authorized for payment.
Atascadero Chamber of Commerce
______________________________
Josh Cross, President/CEO
ITEM NUMBER: C-2
DATE: 11/09/21
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EXHIBIT B-2
Compensation and Method of Payment
F E E S C H E D U L E
TABLE 1 - Fee Summary
Task A General Services $45,000
Task B Events and Programs $30,000
Task C Economic Development Support $30,000
Task D Atascadero Bridgeworks Co-Working $15,000
TOTAL $120,000
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DATE: 11/09/21
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EXHIBIT C
INSURANCE REQUIREMENTS: CONSULTANT SERVICES
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official, employees, agents or
volunteers.
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2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be
excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Additional Insured
The City of Atascadero will need to be added to the policy as Additional Insured by endorsement to the
General Liability, adding the City’s name to the Certificate of Insurance is not sufficient and will not be
accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
ITEM NUMBER: C-2
DATE: 11/09/21
ATTACHMENT: 1
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