Loading...
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 C-1 Page 19 of 138 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 C-1 Page 20 of 138 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 C-1 Page 21 of 138 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 Page 22 of 138 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 Page 33 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 34 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 35 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 36 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 37 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 38 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 39 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 40 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 41 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 42 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 43 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 44 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 45 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 46 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 47 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 48 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 49 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 50 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 51 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 52 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 53 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 54 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 55 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 56 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 57 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 58 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 59 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 60 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 61 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 62 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 63 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 64 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 65 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 66 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 67 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 68 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 69 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 70 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 71 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 72 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 73 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 74 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 75 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 76 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 77 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 78 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 79 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 80 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 81 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 82 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 83 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 84 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 85 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 86 of 138 ITEM NUMBER: C-1 DATE: 11/09/21 ATTACHMENT: 3 Page 87 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 88 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 89 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 90 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 91 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 92 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 93 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 94 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 95 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 96 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 97 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 98 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 99 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 100 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 101 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 102 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 103 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 104 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 105 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 106 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 107 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 108 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 109 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 110 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 111 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 112 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 113 of 138 ITEM NUMBER: C-1DATE: 11/09/21ATTACHMENT: 4Page 114 of 138 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 Page 115 of 138 ITEM NUMBER: C-2 DATE: 11/09/21 • 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. Page 116 of 138 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 Page 117 of 138 CITY OF ATASCADERO CONTRACT FOR Atascadero Chamber of Commerce for Chamber Services ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 V {MEEWH r nKoarairriir.(OUNDCOH1918 F 1979rr*I\ iL\x4 Page 118 of 138 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 119 of 138 City of Atascadero Atascadero Chamber of Commerce 2 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl 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. Page 120 of 138 City of Atascadero Atascadero Chamber of Commerce 3 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 121 of 138 City of Atascadero Atascadero Chamber of Commerce 4 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 122 of 138 City of Atascadero Atascadero Chamber of Commerce 5 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 123 of 138 City of Atascadero Atascadero Chamber of Commerce 6 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 124 of 138 City of Atascadero Atascadero Chamber of Commerce 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 125 of 138 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 126 of 138 City of Atascadero Atascadero Chamber of Commerce 9 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 127 of 138 City of Atascadero Atascadero Chamber of Commerce 10 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 mzfl Page 128 of 138 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 129 of 138 A-2 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 130 of 138 A-3 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 131 of 138 A-4 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 132 of 138 A-5 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 133 of 138 A-6 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 ATTACHMENT: 1 Page 134 of 138 B-1 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 ATTACHMENT: 1 Page 135 of 138 B-2 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 ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 136 of 138 C-1 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. ITEM NUMBER: C-2 DATE: 11/09/21 ATTACHMENT: 1 Page 137 of 138 C-2 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 Page 138 of 138