HomeMy WebLinkAboutAgenda Packet 032707r�
�rr1970 CITY OF A TASCADER0CITY COUNCIL
AGENDA
Tuesday, March 27, 2007
Closed Session: 5:30 p.m.
Redevelopment Agency: 6:30 p.m.
City Council: 7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
• CLOSED SESSION: 5:30 P.M.
1. PUBLIC COMMENT — CLOSED SESSION
2. CALL TO ORDER
a. CONFERENCE WITH LABOR NEGOTIATORS (Govt. Code Sec.
54957.6)
Agency Designated Representatives: City Manager Wade McKinney,
Assistant City Manager Jim Lewis
Employee Organizations: Department Heads, Confidential, Atascadero
Police Association, Atascadero Professional Fire Fighters Association
Local 3600
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Govt. Code Sec. 54956.8)
Property: Easement from Capistrano Avenue to Stadium Park along
APN# 029-105-028
Agency Negotiator: Patrick Enright, City Attorney
Negotiating Parties: Dr. Gary Renzaglia
Under Negotiation: Instruction to negotiator will concern price and terms
of payment.
• 3. ADJOURN
CLOSED SESSION REPORT
1
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Luna
Mayor Pro Tem Brennler
Council Member Beraud
Council Member Clay
Council Member O'Malley
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name for the record
before making your presentation. The Council may take action to direct the staff to
place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call •
PRESENTATIONS:
1. Employee Service Award Presentations
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
A. CONSENT CALENDAR: (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.)
2
•
1. January 2007 Investment Report
■ Fiscal Impact: None.
• Recommendation: Council approve the City Treasurer's report for
January 2007. [Treasurer]
2. Final Map 2006-0135 (Tract 2621) West Front (TTM 2003-0035) (West
Front Village LLC)
■ Description: Final Map creates a 46 lot subdivision that includes
commercial retail and multifamily lot.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and Approve Final Map 2006-0135 (Tract 2621); and,
2. Reject, without prejudice to future acceptance on behalf of the public,
the offers of dedication of Portola Road, Coromar Court and San
Simeon Court; Easements for Public Utility, Sanitary Sewer,
Pedestrian Access, Street Tree, Drainage Basin and Park (Lot 28);
and,
3. Authorize and direct City Clerk to endorse the City Council's Approval;
and,
4. Authorize City Manager to sign a Subdivision Improvement Agreement
for improvements associated with Final Map 2006-0135. [Public
Works]
3. Final Map 2007-0151 (Parcel Map AT 06-0278) 7095 EI Camino Real (LLA
2007-0081) (Taft, Cozzolino, Atascadero Enterprises)
■ Description: The Lot Line Adjustment changed the configuration of 3
parcels; no additional lots were created.
■ Fiscal Impact: None.
■ Recommendation: Council accept and Approve Final Parcel Map 2007-
0151 (Parcel Map AT 06-0278). [Public Works]
4. Temporary Road Closure — Sweetheart Stroll (Atascadero Main Street
• Fiscal Impact: $160.00 per event for the installation of Road Closed signs
by Public Works Staff.
■ Recommendation: Council approve a request by Atascadero Main Street
for the temporary road closure of Entrada Avenue, from EI Camino Real to
Palma Avenue, and Palma Avenue, from Traffic Way to West Mall, for the
Sweetheart Stroll that has been re -scheduled for Saturday, March 31,
2007, from 11:00 a.m. — 5:00 p.m. [Public Works]
5. Temporary Road Closure - Sunken Gardens Yard Sales
■ Fiscal Impact: $160.00 per event for the installation of Road Closed signs
by Public Works Staff.
■ Recommendation: Council approve a request by the Community Services
Department for the road closure for the both of the annual Sunken
Gardens Yard Sales; one to be held April 21St, 2007 and the other to be
held on September 15th, 2007. [Community Services]
3
6. Veteran's Memorial Project
■ Fiscal Impact: None.
■ Recommendation: The Parks and Recreation Commission recommends
Council approve the Proposed Veterans Memorial Project at the Lake
Park as proposed. [Community Services]
B. MANAGEMENT REPORTS:
1. Eagle Creek Golf Course Reuse — Study Session
■ Fiscal Impact: None.
■ Recommendation: Council provide direction to staff and Planning
Commission on how to proceed with amendments to the Eagle Creek Golf
Course project. [Community Development]
2. Colony Park Community Center Project Operations Planning — Status
Report
■ Fiscal Impact: Approximate annual operations total of $485,960;
$225,820 Building Maintenance, $3,200 Parks (Landscape Maint.) and
$256,040 center operations.
■ Recommendation: Council review operations report and provide direction
as necessary. [Community Services]
3. Amendment to the City of Atascadero Contract with the California Public
Employees' Retirement System (CaIPERS) •
■ Description: Request for authorization to amend the contract formula with
CalPers from 2% @ 55 to 2.5% @ 55 for non -safety members.
■ Fiscal Impact: 1% of miscellaneous salaries (approximately $25,000 in
2007-2008)
■ Recommendations: Council:
1. Adopt the Draft Resolution of Intention to amend the contract between
the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees' Retirement System
(PERS); and,
2. Introduce for first reading by title only, the Draft Ordinance of the City
Council of the City of Atascadero authorizing an amendment to the
contract between the City Council of the City of Atascadero and the
Board of Administration of the California Public Employees' Retirement
System. [City Manager]
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Luna
1. County Mayor's Round Table
2. Finance Committee
3. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee 18
4. Nacimiento Water Purveyors' Contract Technical Advisory Group
5. North County Water Purveyors Group
El
Mayor Pro Tem Brennler
• 1. Air Pollution Control District (APCD)
2. Economic Opportunity Commission (EOC)
3. Atascadero Youth Task Force
•
Council Member Beraud
1. Integrated Waste Management Authority (IWMA)
2. City / Schools Committee
Council Member Clay
1. City / Schools Committee
Council Member O'Malley
1. S.L.O. Council of Governments (SLOCOG) / S.L.O. Regional Transit
Authority (SLORTA)
2. Finance Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
F. ADJOURNMENT:
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.
I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the March 27, 2007 Regular Session of the Atascadero City Council
was posted on March 20, 2007 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 201h day of March, 2007 at Atascadero, California.
Shannon Sims, Deputy City Clerk
City of Atascadero
5
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall •
Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. 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 in the City Clerk's office. Council meetings are recorded and may be reviewed by the
public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
1. You must approach the podium and be recognized by the Mayor
2. Give your name and address (not required)
3. Make your statement •
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 5 minutes (unless changed by the Council)
7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one
may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
0
ITEM NUMBER: A — 1
DATE: 03/27/07
A tascadero City Council January 2007
Staff Report - City Treasurer
January 2007 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for January 2007
REPORT IN BRIEF:
Cash and Investments
Checking $ 328,695
Money Market Accounts 1
Certificates of Deposit 7,815,436
Government Securities 10,653,306
LAIF 17,297,409
Cash with Fiscal Agents 155,104
Cash In Banks at Janua Y 31, 2007
Deposits in Transit
Outstanding Checks
Cash and Investments at January 31, 2007
Investment Activity
Securities Purchased:
None
Securities Matured:
None
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
c:
$ 36,249,951
(229,286)
$ 36,020,665
Page 1 of 15 7
CITY OF ATASCADER 0
TREASURER'S REPORT
CASH & INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF JANUARY 2007
$ Page 2 of 15
•
0 �
CHECKING
FISCAL
ACCOUNT
INVESTMENTS
AGENT
TOTALS
Balance per Banks at
January 1, 2007
$ 736,795
$ 33,864,447
$ 154,473
$ 34,755,715
Receipts
3,936,811
161,705
631
4,099,147
Disbursements
(2,604,911)
-
(2,604,911)
Transfers In from
Redevelopment LAIF
-
-
-
-
Transfers In
650,000
2,390,000
3,040,000
Transfers Out
(2,390,000)
(650,000)
-
(3,040,000)
Balance per Banks at
January 31, 2007
$ 328,695
$ 35,766,152
$ 155,104
36,249,951
Deposits in Transit
-
Outstanding Checks
(229,286)
Adjusted Treasurer's Balance
$ 36,020,665
$ Page 2 of 15
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City of Ataseadero
Investments by Type
January 2007
Cash with
Fiscal Agent
Government 1 %
Securities
22%
Investment January 2007
LAIF
$ 17,297,409
Certificates of Deposit
7,815,436
Government Securities
10,653,306
Cash with Fiscal Agent
155,104
Other
1
$ 35,921,256
18 Page 12 of 15
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C`
•
•
On Demand
48%
•
City of Atascadero
Investments by Maturity
January 2007
Within One Month
One Month to One Year
1% 9%
Investment January 2007
On Demand
Within One Month
One Month to One Year
One to Five Years
$ 17,297,410
400,000
3,222,149
14,846,593
$ 35,766,152
Page 13 of 15
One to
Five Years
42%
19
City of Atascadero
Investments by Custodial Agent
January 2007
Custodial Agent January 2007
State of California
Other
Union Bank
Bank of New York
$ 17,297,409
51,735
18,417,008
155,104
$ 35,921,256
20 Page 14 of 15
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C�
5.00%
4.50%
4.00%
3.50%
3.00%
2.50%
2.00%
1.50%
1.00%
10.50%
f
0.00%
City of Atascadero
Investment Yield vs. 2 -Year Treasury Yield
For the Month Ended January 31, 2007
00 00 00 o`O o`O o6 o`O o`O o6 00 o`O o`O o�
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--`--City Yield -+r2-Yr Treasury Weighted Portfolio Yield
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
Page 15 of 15
21
2 -Yr
Treasury
Weighted
Portfolio
City Yield
Yield
3.88%
3.52%
3.97%
3.68%
4.03%
3.71%
4.13%
3.87%
4.28%
3.92%
4.39%
4.06%
4.47%
4.05%
4.51%
3.94%
4.58%
3.88%
4.58%
3.84%
4.60%
3.83%
4.66%
3.91%
4.70%
4.05%
Page 15 of 15
21
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22
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C7
Atascadero City Council
Staff Report - Public Works Department
ITEM NUMBER: A-2
DATE: 03/27/07
Final Map 2006-0135 (Tract 2621)
West Front (TTM 2003 - 0035)
(West Front Village LLC)
(Final Map creates a 46 lot subdivision that includes commercial retail
and multifamily lot.)
RECOMMENDATIONS:
Council:
1. Adopt and Approve Final Map 2006-0135 (Tract 2621); and,
2. Reject, without prejudice to future acceptance on behalf of the public, the offers
of dedication of Portola Road, Coromar Court and San Simeon Court;
Easements for Public Utility, Sanitary Sewer, Pedestrian Access, Street Tree,
Drainage Basin and Park (Lot 28); and;
3. Authorize and direct City Clerk to endorse the City Council's Approval; and,
4. Authorize City Manager to sign a Subdivision Improvement Agreement for
improvements associated with Final Map 2006-0135.
DISCUSSION:
Tentative Tract Map 2003-0035/Tract 2621 was approved by the Planning Commission
on September 27, 2005. Final Map 2006-0135 creates a 46 lot subdivision that
includes commercial retail and multifamily lots.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement, or
reject on behalf of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication. Staff has determined that Final Map
2006-0135 is consistent with approved Tentative Tract Map 2003-0035.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2006-0135 (Tract 2621)
23
Exhibit A
Final Map 2006-0135 (Tract 2621)
8890 West Front
West Front Village, LLC.
24
ITEM NUMBER
DATE:
A-2
03127/07
0
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03127/07
0
0
7
•
10
Atascadero City Council
Staff Report - Public Works Department
ITEM NUMBER: A - 3
DATE: 03/27/07
Final Map 2007-0151 (Parcel Map AT 06-0278)
7095 EI Camino Real (LLA 2007-0081)
Taft, Cozzolino, Atascadero Enterprises
RECOMMENDATION:
Council accept and Approve Final Parcel Map 2007-0151 (Parcel Map AT 06-0278).
DISCUSSION:
Lot Line Adjustment 2007-0081 was approved by the City Community Development
Department on January 18, 2007. The Lot Line Adjustment changed the configuration
of Parcel 1 from 0.41 to 0.82 acres, Parcel 2 from 1.74 to 1.437 acres, and Parcel 3
from 0.71 to 0.58 acres. No additional lots were created as part of this action.
Pursuant to California Government Code Section 66412, the approving legislative body
(City Council) shall limit its review to whether or not the lot line adjustment will conform
to the General Plan and any zoning and building ordinances. Staff has determined that
Final Map 2007-0151, is in substantial conformance with the General Plan and all
applicable zoning and building ordinances.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2007-0151 (Parcel Map AT 06-0278)
25
ITEM NUMBER: A-3
DATE: 03/27/07
Exhibit A
Final Map 2007-0151 (Parcel Map AT 06-0278)
7095 EI Camino Real
Taft, Cozzolino, Atascadero Enterprises
Pa erne w. AO,ILYr N 1V3N ONINVO Zi \ l �'M13u M^i • F6 a £
Wtl YI s� ,st F�t4 M a
l f-tl 15'enl ] .h,IL» 4 ry pe'1Nw
t�.w
`Y_ I�, �-tl iLLM M fIDL9x Mei\ Ip � tl.OS'G0Z W AS'W[
Ip � % 1- y.0a'wf M .Ptl.ILw N 49 l M
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gYu 9� E nzzszl� M.K.w.»n � �� �e�� /�/in�•z^ l' ��
zz '•.�._�' I1Ny 738VS4
26
L]
•
Atascadero City Council
Staff Report - Public Works Department
Temporary Road Closure
Sweetheart Stroll
(Atascadero Main Street)
RECOMMENDATION:
ITEM NUMBER: A-4
DATE: 03/27/07
Council approve a request by Atascadero Main Street for the temporary road closure of
Entrada Avenue, from EI Camino Real to Palma Avenue, and Palma Avenue, from
Traffic Way to West Mall, for the Sweetheart Stroll that has been re -scheduled for
Saturday, March 31, 2007, from 11:00 a.m. — 5:00 p.m.
DISCUSSION:
This event was rescheduled from February 10th due to weather conditions.
Main Street is requesting the closure of Entrada Avenue, from EI Camino Real to Palma
Avenue and Palma Avenue, from Traffic Way to West Mall from 11:00 a.m. until 5:00
p.m. as indicated on the attached map.
FISCAL IMPACT:
$160.00 per event for the installation of Road Closed signs by Public Works Staff.
ATTACHMENTS:
Road Closure Map
27
•
40
Atascadero City Council
Staff Report - Pubfic Works Department
RECOMMENDATION:
ITEM NUMBER: A-5
DATE: 03/27/07
Temporary Road Closure
Sunken Gardens Yard Sales
Council approve a request by the Community Services Department for the road closure
for the both of the annual Sunken Gardens Yard Sales; one to be held April 21St, 2007
and the other to be held on September 15t', 2007.
DISCUSSION:
The Community Services Department is requesting closure of Palma Avenue only from
East to West Mall as indicated on the attached map on during the hours of 5:00 a.m. to
4:00 p.m. for the popular Sunken Gardens Yard Sales.
FISCAL IMPACT:
$160.00 per event for the installation of Road Closed signs by Public Works Staff.
ATTACHMENTS:
Road Closure Map
29
ITEM NUMBER: A - 6
DATE: 03/27/07
Atascadero City Council
Staff Report - Community Services Department
Veteran's Memorial Project
RECOMMENDATION:
The Parks and Recreation Commission recommends Council approve the proposed
Veterans Memorial Project at the Lake Park as proposed.
DISCUSSION:
Background: Per the City's Arts in Public Places Policy, this item has been placed on
the City Council's "Consent Calendar." On September 26, 2006, the City Council and
the Parks and Recreation Commission heard a presentation by a group of Atascadero
veterans to construct an "all wars" memorial in the Sunken Gardens. The City Council
directed that the Parks and Recreation Commission would oversee the project's public
review process. The memorial is an excellent idea to honor local veterans from the
Atascadero Unified School District area from all wars who lost their lives in service of
our country. The memorial would include a visually powerful bronze statute, designed
by artist Mark Greenaway, with a backdrop of a granite memorial wall approximately 35-
45'ft. in length. There is little doubt that a memorial to be located in Atascadero is widely
supported. Chaired by Col. Bill Hatch, the project team is an all volunteer effort and no
public funds are being used to construct the memorial. A draft maintenance agreement
(Attachment G), outlines the obligations of the veteran's group to maintain the memorial.
The veteran's group has agreed to maintain the memorial. At this time, the veteran's
group does not have the ability to actually execute the agreement with the City because
they are not yet a legal entity. They are currently working on that issue and will have it
resolved by the time a building permit is issued. The final agreement will be brought
back to the City Council prior to the building permit issuance for approval.
On November 2, 2006, the Parks and Recreation Commission held a public hearing to
consider the proposal for a veteran's memorial in the Sunken Gardens. After much
public testimony, the Commission had concerns about the scale of the project and the
Sunken Gardens location. The Commission took action to form an ad hoc committee of
stakeholders to evaluate the location alternatives for the Sunken Gardens, as well as
other potential memorial sites around the City. On November 30, 2006, the ad hoc
committee met at City Hall to review the memorial placement. The advantages and
disadvantages for many possible sites were weighed. The committee ultimately came
31
to a unanimous decision that the corner of Atascadero Lake Park at Highway 41 and
Portola Road was the best location for the memorial. This location was acceptable to
the Veteran's Committee. A volunteer engineer, Mr. Van den Eikoff, has volunteered to
design the plans for the location and placement of the memorial at the corner of State
Highway 41 and Portola road at the Lake Park.
On February 15, 2007, the Parks and Recreation Commission considered the item
again and took public input on the project. The Commission voted unanimously (6-0) to
approve the project as proposed by the veteran's committee.
Some considerations to be taken into account by Council are:
• Input from The Veteran's Committee on the project background and significance.
• Public input
• The recommendation of the Parks and Recreation Commission to approve the
project.
• The recommendation from the five -member Arts in Public Places Committee, an
advisory committee to the Parks and Recreation Commission. A copy of their
report from the non-voting chair, Barbie Butz is attached. The Arts in Public
Places Committee recommended to the Commission, on a 4-1 vote, to reject the
proposal as submitted. The Committee also voted on a motion as follows: "The
concept of a war memorial project is accepted by all members of the Art and
Public Places Committee at the site discussed, and the Committee unanimously
agreed it would be willing to assist the Veteran's Memorial Committee in
considering proposals from multiple artists. Recommend the project be finalized
by November, 2007."
• It has been suggested by the Arts Committee that a new process be
implemented to select a new design for the memorial. The City's Arts in Public
Places Policy does not provide for such an alternative process, and more
importantly, the Veteran's Committee has not agreed to support a different
project under those conditions. The Veteran's Committee has requested approval
of this memorial as proposed.
• City staff has reviewed the proposed project and is recommending its approval.
The memorial project will fit well into the Lake Park Master Plan and can be
maintained by the veteran's group with volunteer support. City staff has no
concerns with the design or aesthetics of the memorial. Any concerns of that
nature would certainly not rise to the level where denial of the memorial would be
warranted.
• If approved, the Veteran's Committee would submit construction plans to the
City, and proceed through the normal building permit process. The maintenance
agreement will be finalized and executed.
The veteran's group will make a presentation on the project to the City Council if
requested.
32
•
• FISCAL IMPACT:
The construction costs of the memorial are estimated to be approximately $200,000
which will be privately funded. The memorial maintenance costs are to be covered by
the veteran's group, governed by an agreement with the City.
ATTACHMENTS:
A- Project Application
B- Project Description/ Background provided by A.J. Fonzi
C- Arts in Public Places Committee Report
D- Memo from Arts Committee member, Joe Ramirez
E- Ad Hoc Committee Report on Locations (January 11, 2007 & January 16, 2007)
F- Arts in Public Places Policy
G- Draft Maintenance Agreement
•
•
33
CITY OF ATi ASCADERO
Art in Public Places Program
Proposal Application
Project Name /-I- )
Project Location/ Address
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Developer (If Any) �o. �,ry ;�-1
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Address '5 >Lj ` i r -e -t
City/State r �,
Zip L( 7447 phone
Title of Artwork
Media E r , ` _ c
Description of ArtwJil'
ys
Approximate Weight u v,v-,,,,•„J,\
Approximate Cost6�
Location of Identification Plaque
Description of Foundation (`C
Date & Duration of Installation C "�
Site Location
Distance Between Public Street and Artwork
Landscape Plans
Special Problems
p x;11 �- S•v.Ht:,�.� ��,�d�,�y���,5��
Dedication Plans
e.i 2,o
"Enclose artist background information and an artist's rendering depicting several views of the artwork
as located on the site plan, including the surrounding building and grade elevations and building
facades. Also include one or more of the following formats:
1. 4" x 6" photographs or 35mm slides depicting several views of the artwork.
2. A model of the artwork
3. A graphic or artist illustration depicting several views of the artwork. S
34
Faces of Freedom
By
Mark Greenaway
I've chosen to call this special piece of Bronze art work Faces of Freedom.
The Bronze is a tribute to all the men and women who have answered the call of duty to
serve in our country's Armed Forces and Civil Defenses, which protect and defend the
United States of America.
The vigilant soldier standing tall up front portrays America's effort in the Global War on
Terror (GWT). This soldier is looking forward providing security for his fellow comrades,
and he is guaranteeing both the protection of our freedoms and the safety of the American
people.
The Gulf War era veteran, located behind the GWT soldier, is providing aid and comfort
perhaps to a fellow comrade -in -arms, or a civilian caught -up in the fog of war. (This would
be the viewer's discretion.) They are both looking at the faces depicted in the waving
American Flag. These faces remind us of those who have contributed to both the
preservation of our country and the many freedoms enjoyed by all Americans.
The soldiers and American Flag are groundedmi sandbags. The sandbags show a thought
out place of protection, and during our past conflicts and current conflict they provide a
minimum amount of protection from harms way.
The waving American flag contains the faces of the men and women who have served in
both our country's Armed Forces and Civil Defenses. Together these faces represent past
conflicts dating hack to the First World War. Moreover, the American Flag, as it is
depicted here, is the bond that unites all those who have answered the call to duty for their
country and gives credence to "One nation under God."
•
35
Eclucation 1967-1971 Atascadero High School
• Recipient of Atascadero Art Association Art Award
1972
• General Studies
1973
■ Art Studies
Cuesta College
Cal Lutheran College
Atascadero, CA
San Luis Obispo, CA
Thousand Oaks. CA
1974-1975 Cuesta College San Luis Obispo, CA
■ Obtained A.A. Art
1977-1978 Private Instruction San Luis Obispo, CA
■ Instruction with intemationally known artists Robert Reynolds and Robert Clark.
Experience 1974 Knott's Berry Farm Anaheim, CA
Portrait Artist
• Hired by Charles Bell Portrait Studios for portraits of park guests.
1978-1980 Mark Greenaway Studio Atascadero, CA
Owner
■ Full-time working art studio.
■ Art work displayed/sold by Judith Gallery, Solvang, CA; Western Art and Wildlife
Gallery, San Luis Obispo, CA. .
1980-1984 Mark Greenaway Gallery Templeton, CA
Owner
■ Represented Robert Reynolds, Lary Brebes, Botso Korisheli, and self.
1985-1994 Mark Greenaway. Studio Templeton, CA
1995 -present Atascadero, CA
Owner
• Full-time working art studio
■ 1980-1994: Art work displayed/sold by Visions Gallery, Morro Bay, CA; Casa
Dolores, Carmel, CA; Visions Gallery, Carmel, CA; The Decoy, Carmel, CA;
Christopher Bell Collection, Monterey, CA; Copenhagen Gallery, Solvang, CA;
Bronze, Silver, and Gold Gallery, Cambria, CA; The Judith Gallery, Solvang, CA;
Charles Spinetta Winery and .Gallery, Plymouth, CA-
-
A■ 1988 -present: Commissioned by Baptist Bible Graphics, one hundred thirty 2000
oil/acrylic paintings and one bronze sculpture.
■ 1994-2001: Art work displayed/sold by Visions Gallery, Morro Bay, CA; Christopher
Bell Collection, Monterey, CA;
36
•
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•
■ 2002 -present: Art work displayed/sold by Judith Hale Gallery, Los Olivos, CA;
Western Images, Winthrop, WA.
Exhibits 1978-1992 Ducks Unlimited California Chapters
■ Commissioned original paintings and bronzes for live auctions
• Donated to Silent Auctions
1988 California Mid -State Fair Paso Robles, CA
• Commissioned by Metal Arts Foundry to create "Blue Ribbon Dream," life-size
bronze sculpture for fair entrance
■ Sold one hundred maquettes for fund raising.
• Responsible for transportation and installation.
1992-2000 Quail Unlimited California Chapters
■ Commissioned original paintings and bronzes for live auctions
• Donated to Silent Auctions
1996 international Swimming Hall of Fame Ft. Lauderdale, FL
■ Commissioned by Robert Schoenfeld to create a bronze sculpture for the
International Swimming Hall of Fame Journalism Award.
1992 United Nations New York, NY
■ Private party commissioned whale painting to showcase poetry for a gift to Jacques
Cousteau.
1997 -present Valley Club of Montecito Montecito, CA
■ Commissioned original bronze sculpture for annual awards
2001-2002 Morro Bay Museum of Natural History Morro Bay, CA
■ Selected by Diane Blakeslee Family to create "Seasons Come, Seasons Go," life-
size bronze sculpture for Museum entrance.
■ Responsible for transportation and installation.
2005 -present City of Atascadero Atascadero, CA
■ Commissioned by private individuals to develop proposal for, and create, veterans
war memorial life-size bronze sculpture, "Faces of Freedom."
■ Currently in fund raising stage.
37
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. Lieutenant Colonel A. J. Fonzi, USA (ret.)
Vice -Chairman, Atascadero Veterans Memorial Committee
7880 Sinaloa Avenue, Atascadero, California 93422
Tel: (805) 423-5482
e-mail: aifonzi2(4_).hotmail.com
ATASCADERO VETERANS MEMORIAL
The Atascadero Veterans Memorial Committee is a private organization,
comprised of veterans, military retirees and family members of current and former
military servicemembers.
As a small, semi -rural community, Atascadero has paid a heavy price over it's 93
year history in the lives of it's sons sent to fight in this nation's conflicts. From the First
World War to the current war ongoing in Iraq and Afghanistan, Atascadero has lost
dozens of it's children in these conflicts. The old City Hall was originally dedicated as a
veterans memorial building, however, it is not usually identified as such and many of us
realized the need for something specifically dedicated to recognize the sacrifices made by
so many of Atascadero's young people over the decades. We estimate at least two dozen
names will be inscribed on the memorial once it is built, possibly more once our research
is complete. The Vietnam War cost Atascadero the lives of eight of its' sons, Iraq has
. cost the life of one, so far. The research for Korea, WWII and WWI is continuing and
includes the boundaries of the school district, not just the current boundaries of the City
limits.
We wish to emphasize that this memorial is being 100% privately funded. It is
not a public endeavor beyond members of the public wishing to purchase an engraved
paver to augment cost of construction. The total projected cost at this time is $200,000,
perhaps up to $250,000, all of which will be raised via private donations. About $5000
has been spent by the committee thus far with another $10,000 collected; pledges have
been made by private individuals for several tens of thousands of dollars once the
memorial has been approved for placement in the City.
The committee originally met and reviewed similar memorials at various
locations around the United States. We then agreed upon a concept of what we preferred
and selected a well respected local artist, Mr. Mark Greenaway, to design the memorial
itself. Mr. Greenaway is a life-long Atascadero resident, has sculptures at the County
Fairgrounds and the Morro Bay Museum of Natural History and his work in sculpture
and painting is known as far as New York and Florida. For instance, Mark was
commissioned to do a mural for placement in the United Nations Building
commemorating contributions of the world famous oceanographer Jacques Cousteau. His
paintings currently sell for thousands of dollars. For those reasons alone, Mark is an
excellent choice to design a Veterans Memorial for Atascadero.
The Veterans Memorial Committee originally presented our concept to a joint
City Council and Planning Commission Meeting, at which we were told we must "go
. through the process", which required first presenting our project to the City Parks and
Recreation Commission. Our President, Colonel Bill Hatch, (U.S. Army, retired), made a
39
formal presentation along with our artist, Mark Greenaway, to the Parks and Recreation .
Commission in November, 2006. At that time we were told that there was a defunct Arts
Advisory Committee that would have to review our project before it could be sent
forward. That committee was selected in December and met in January of 2007, at least
twice. Unfortunately, of the five committee members, at least three had publicly voiced
opposition to the project, the art or it's placement before they were selected to be on the
Advisory Committee. No member of the Veterans Committee was allowed to be on the
advisory committee, nor was the one applicant who might have been sympathetic to our
project, the mother of the Atascadero soldier killed in Iraq. This Advisory Committee
then went outside its' mandate to review our project and attempted to open it up to an art
competition countywide. They were told by City Staff that they were not permitted to
make that recommendation, but only to accept, modify or reject our proposal. Without
inviting any member of the Veterans Memorial Committee or our artist to their meetings,
asking us any questions or making any recommendations to the Veterans Memorial
Committee, the Advisory Committee voted to reject our proposal out of hand. Since we
didn't even know they were meeting, nor 1 believe, did anyone else in the community, we
do not believe that we have been fairly treated. Nor do we believe that this Advisory
Committee, as currently constituted, is capable of rendering fair and impartial advice on
our project. The suggestion that they wish to "assist or advise us", as one their members
wrote in an op-ed piece in The Tribune on Thursday, February 8`h, is laughable, as they
made no effort to include any member of the Veterans Memorial Committee or our artist
in their deliberations. In fact, the author of that piece went to considerable effort to
publicly ridicule the Veterans Memorial Committee members, our artist and the proposed
project. We therefore would request that the Parks and Recreation Commission disregard
the recommendations of the Arts Advisory Committee regarding the Veterans Memorial
project and recommend approval of the project to the City Council.
In response to the criticism of our choice of artist, the Veterans Memorial
Committee chose Mark Greenaway; he is our artist and we stand by our selection. Those
who wish to force the committee to select other artists, run a contest and design a
memorial by a committee of their choosing, are again to be reminded, this is a privately
funded group. We have made our choice. We would also point out that if the public
doesn't like the design, they won't purchase pavers or otherwise financially support this
project via donations. However, we have received overwhelming support from every
veterans group we have approached, and we have approached them all. As a fairly
conservative group, we have certain tastes in art that probably doesn't conform to what
the "art community" would prefer, but it is our choice, and we have chosen to build a
memorial to those who have served, not to the artistic tastes of those who haven't.
4a. / -� -7 Y
Encl. (1) Artist's Concept A. J. FONZI
Vice -Chairman,
Atascadero Veterans Memorial Committee
.N
• BIOGRAPHY
MARK GREENAWAY
ARTIST FOR VETERANS MEMORIAL COMMITTEE
Mark Greenaway, a graduate of Atascadero High School and Cuesta College, is a
lifelong resident of Atascadero with over thirty years of experience in private and
publicly commissioned art works. He studied and worked under internationally known
artists Robert Reynolds and Robert Clark. He currently owns and operates his own full-
tmr art studio.
He is a past recipient of the Atascadero Art Association Art Award with art
displayed in galleries throughout California, including Monterey, Carmel, Solvang,
Cambria, Morro Bay, San Luis Obispo, Thousand Oaks, Los Olivos and Plymouth. His
work has also been displayed in galleries in Washington state, Florida and New York.
In 1988, He was commissioned by the Metal Arts Foundry to create the "Blue
Ribbon Dream" life-size bonze sculpture for the California Mid -State Fair entrance at the
Paso Robles Fairgrounds.
• In 1992, Mark was commissioned to provide a mural honoring Jacques Cousteau
at the United Nations in New York City.
In 2001-02, he was commissioned to provide the life-size sculpture "Seasons
Come, Seasons Go" at the entrance of the Morro Bay Museum of Natural History.
Mark was commissioned on multiple occasions to provide paintings and bronzes
of wildlife art for Ducks Unlimited and Quail Unlimited for live auctions and has donated
many of his works to these organizations for the preservation of wildlife habitat.
U
41
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IA
0 Report of Arts in Public Places Ad -Hoc Committee
The meeting of the Ad -Hoc Advisory Committee for Arts in Public Places, appointed
by the Atascadero Parks and Recreation Commission, was called to order at 3:30 p.m. on
January 11, 2007 at Atascadero City Hall. Stephen
Committee members present: Joe Ramirez, Ann Wright, Tracy DiVita Bass,
Lasalle, Sally Tippman, Cathy Baker (alternate, non-voting) and Chairman Barbie Butz
(Parks and Recreation Commissioner, non-voting).
Chairman Butz reviewed the City of Atascadero's Arts in Public Places Goals and
Objectives, Procedure and Selection Standards. She reminded the committee that it was
their responsibility to approve, reject, or suggest modifications to the proposal presented
to them.
The proposal from the Atascadero Veterans Memorial design committee and artist
Mark Greenaway was presented to the group. See attached proposal.
Discussion revolved around the possibility of offering an opportunity for other artists
to submit designs and have the designs juried by a committee made up of other artists in
the field. One member reminded the committee that the Veterans Memorial Committee
has already gathered funding and are anxious to move forward so that they do not lose
that funding. Chairman Butz reminded the group that their job was to follow the
procedure as set forth in the Arts and Public Places guidelines.
After much thoughtful discussion it was decided that those members who had not been
to the proposed location, would meet there on January 16, 2007 at 3:30 p.m. The next
is meeting was planned for January 16, 2007, at 7:00 p.m. in conference room #4 at City
Hall.
The meeting adjourned at 5:10 p.m.
�J
43
The meeting of the Ad -Hoc Advisory Committee for Arts in Public Places was called
to order at 7:00 p.m.on January 16, 2007 at Atascadero City Hall.
Committee members present: Joe Ramirez, Ann Wright, Tracy DiVita Bass, Stephen
Lasalle, Sally Tippman, Cathy Baker (alternate, non-voting) and Chairman Barbie Butz
(Parks and Recreation Commissioner, non-voting).
Discussion of the proposal from Mark Greenaway and the Veterans Memorial
Committee continued. Using his computer, Joe Ramirez had prepared an overlay of the
statue at the proposed site on the corner of Hwy. 41 and Portola. Members agreed that it
was helpful. Joe also reported that he had visited the Fairgrounds in Paso Robles to see
Mark Greenaway's statue at the entrance.
After more discussion, it was agreed to follow the criteria for the selection of works of
art for the City of Atascadero, Arts in Public Places Program and move to a
recommendation to be passed on to the Parks and Recreation Commission.
Selection Standards:
1. Artistic excellence, innovation and originality.
The statue was determined to be original and innovative. Some members felt that
it lacked artistic excellence.
2. Appropriateness of the artwork in terms of scale, form, content and the
environment.
Members felt that the scale of the statue was OK for the site. Some members felt
that the statue lacked continuity and lacked form and artistic composition.. -They
felt that all 3 elements, the statue, the pathway and the wall did not seem to be in
harmony.
All agreed that the location/environment was good.
As far as content, some found the half man disturbing and also felt that the faces in
the flag did not work for them.
3. Durability of the artwork relative to theft, vandalism, and the environment.
Members thought the piece would be durable, but were concerned about the flags
being subject to theft.
4. Materials and methods shall be suitable for durable outdoor display.
Committee found materials durable.
Numbers 5 and 6 were N/A to this proposal
7. Ability to maintain the project.
This area would be determined by the City and the Veterans Memorial Committee
Motion: Joe Ramirez moved to approve Mark Greenaway's proposal as submitted.
Seconded by Ann Wright. Motion was defeated by 4 no and 1 yes
Motion: Joe Ramirez moved that the concept of a War Memorial project is accepted
by all members of the committee, at the site discussed, and the committee unanimously
agreed they would be willing to assist the Veterans Memorial Committee in considering
Proposals from multiple artists. This committee recommends finalizing the project by
November 11, 1007. Seconded by Steve Lasalle. Unanimously passed.
Meeting was adjourned.
0
•
Page 1 of 2
Brady Cherry
From: Joseph A Ramirez Doear@jps.net]
Sent: Thursday, January 18, 2007 2:46 PM
To: Brady Cherry
Subject: Art In Public Places Summary
Brady this is the comment I e-mailed to Barbie. Please acknowledge receipt of this mail.
January, , 172007
City Of Atascadero Arts In Public Places
I, Joe Ramirez, Arts In Public Places Committee Member, do recommend to the
Atascadero City Council that the proposal for public art by Mark Greenaway be accepted.
Evaluation summary of public art proposal by artist Mark Greenaway.
After :
* Attending two meetings with the Art In Public Places Committee Thursday 1-11-07,
Tuesday 1-16-07.
* Visiting the proposed monument cite of Portola and HWY. 41, photographing same and
placing a to scale model of the proposed
sculpture in the cite that I photographed using digital technology
* Visiting the Mid State Fare Grounds and examining and photographing a sculpture by
Mark Greenaway
1 concluded the following
The art proposal "Atascadero Veterans Memorial " by Mark Greenaway does qualify for
acceptance by this committee according to
the "Selection Standards "guide lines as stated in the Atrs In Public Places Manual.
As a personal critique, I as an artist find this composition unique and very moving. I find
the use of a soldier protecting a fellow soldier who is assisting someone in need while
pulling the weight of the American Flag and the Eagle that is symbolizing American values
and the use of era dated veterans head and shoulder representations to represent all of our
veterans of the past wars to be a very powerful statement !
Yes --- I do find this piece of art to be very powerful and profound, and of very professional
quality .--- I like it !
1 also see this soldier protecting his comrades and the reputation of Veterans past and the
values of the American Flag, I find this particularly meaningful in these times when the
"American Way " is coming under such heavy attack world wide.
1 see these men doing their duty without question.
I have seen other memorials that place emphasis on the soldier's human emotions, such as
45
1/30/2007
Page 2 of 2
claiming victory, praying, reflecting, morning a loss, etc. and etc. , but this sculpture
depicts bravery, compassion, and protecting the values of Veterans and the American
Way. 0
Joe Ramirez
Photographer and Painter
.joear@-jps.net
Joe Ramirez
Photographer and Painter
joear�jps.net
•
•
4630/2007
CITY OF ATASCADERO
ARTS IN PUBLIC PLACES
GOALS AND OBJECTIVES
The ultimate purpose of the procedures and standards set forth herein is to
encourage appreciation, acceptance, and support by the public of visual arts in
public places owned or leased by the City of Atascadero. Art is both a permanent
and changing reflection of what the community holds important. The Arts in
Public Places Policy should reflect and communicate community values and
enhance the quality of life of the citizens of the City of Atascadero. The goals and
objectives of the Arts in Public Places Program are to direct the inclusion of
works of art in City capital improvement projects and public places, including
City -owned or leased buildings and parks, to create a more livable City, engage
and attract a wide spectrum of citizens and visitors, stimulate the vitality and
economy of the City of Atascadero, and enhance the community environment.
II. DEFINITION OF ART IN PUBLIC PLACES
Arts in Public Places is defined as all art including, but not limited to, sculptures,
murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and
environmental works. It includes all artwork that is to be displayed longer than 30
days on or in a publicly owned or leased facility or park, or publicly owned or
leased open space or easement.
III. PROCEDURE
A. Submittal to Community Services Department
Works of art may be donated to, or purchased by, the City of Atascadero to
be placed in publicly owned or leased property. Plans for proposed
artwork and its placement must be submitted by the artist, or sponsoring
group, to the Community Services Department. A standardized proposal
application form will be required as part of the submittal package. It shall
include sufficient data upon which to properly evaluate the project. A full-
color rendering shall be submitted as part of the proposal. Copies of the
application shall be transmitted for comments to all affected City
Departments, including Community Development.
47
B. Consideration by Atascadero Public Arts Committee 0
After the proposed application is deemed to be complete and comments
have been received from all affected City Departments, it shall be
forwarded to the Parks and Recreation Commission. The Parks and
Recreation Commission shall appoint a five (5) member ad hoc advisory
committee from selected members of the Atascadero Public Arts
Committee (see Item V. below). This ad hoc committee should be
selected from those most knowledgeable about the art form, and shall be
chaired by a non-voting member of the Parks and Recreation Commission.
A project proposer shall not serve on this advisory committee. The
approval or rejection of the project, together with suggestions for
modifications by the sub -committee, will be received by the Parks and
Recreation Commission at a regular or special meeting that shall be
deemed a public hearing. Following the public hearing, the Parks and
Recreation Commission will either recommend approval or rejection of
the project, including recommendations for appropriate changes. If the
project is recommended for rejection, specific reasons for the rejection
should be communicated to the proposer. If the proposer agrees to the
suggested modifications, it will be reconsidered by the Parks and
Recreation Commission.
The recommendation of both the APAC and the Parks and Recreation
Commission shall be forwarded to the City Council.
C. Consideration by the City Council
The City Council shall review the proposal, together with the
recommendations of the Atascadero Public Arts Committee and the Parks
and Recreation Commission, and approve, reject, or suggest modifications
to the project. The City Council's consideration of the artwork shall be
placed on the consent agenda, unless removed for separate action. If the
project is rejected, specific reasons for the rejection shall be
communicated to the proposer. If the proposer agrees to the suggested
modifications, the proposal may be reconsidered by the City Council.
IV. SELECTION STANDARDS
The selection of works of art for the City of Atascadero, Arts in Public Places
Program, shall be based on the following criteria:
1. Artistic excellence, innovation and originality.
2. Appropriateness of the artwork in terms of scale, form, content and the
environment.
4
• 3. Durability of the artwork relative to theft, vandalism, and the environment.
4. Materials and methods shall be suitable for durable outdoor display.
The program shall strive for diversity in style, scale, media, and numbers
of artists represented.
6. Selection shall be based on the compatibility of design and location within
a unified design character or historical character of site; preservation and
integration of natural features of the project.
7. Ability to maintain the project.
A further requirement shall be the execution of an appropriate contract related to
the rights and duties of the parties involved in the creation, display, maintenance
and ownership of the completed artwork.
V. ATASCADERO PUBLIC ARTS COMMITTEE (APAC)
The Community Services Department will solicit membership from interested
citizens of Atascadero to serve on an advisory committee to assist in the
implementation of the Goals and Objectives. Members of this group may be
asked to assist in the development of an inventory of sites for public art, provide
leadership in the selection of artists and artisans, provide direction for funding
public art, and serve as advisory members to the Parks and Recreation
Commission on an ad hoc basis to consider and evaluate proposed public art
projects. In this capacity, their expertise and advice would be considered in the
development of a recommendation to the City Council.
Recommended backgrounds for the members of the APAC are artist, art teacher,
art historian, art collector, architect, landscape architect, or board member of a
non-profit art corporation.
Persons with pending art project applications shall not be allowed to serve on the
APAC during the time their project is under consideration by the Committee. It
shall be the function and purpose of the APAC to:
Review proposed project applications and implement selection
standards.
2. Set standards and procedures for the construction and maintenance
of art in public places. Such standards are to be consistent with the
requirements of the City general plan and land use element.
we
3. Advise the City regarding the amounts and sources of funds to be
expended on artwork. ( •
4. Advise and assist in obtaining financial assistance for visual art
from private, public and corporate sources.
5. Survey available or potentially available sites on publicly -owned
facilities and open areas within the City.
6. Assist in the establishment of appropriate themes for areas in the
City along with general recommendations for size and placement
of artwork in those areas.
7. Encourage and assist in community participation that promotes
public involvement in the arts.
A:\BC\AMPubPIacePoIicy.RevI
50
4
(DRAFT)
FACILITY MAINTENANCE AGREEMENT
BETWEEN
ATASCADERO VETERANS MEMORIAL COMMITTEE
& THE CITY OF ATASCADERO
This Agreement is made and entered into this date , by and between the City of
Atascadero, and the Atascadero Veteran's Memorial Committee, for the maintenance and upkeep of
the Veteran's Memorial and related facility improvements at Atascadero Lake Park during the period
of thirty, years, from January 1, 2008 until December 31, 2038.
1. PARTIES
1.1 City
1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for
notice under the terms of this Agreement is as follows:
City of Atascadero
Attn: Director of Community Services
• 6907 EI Camino Real
Atascadero, California 93422
1.2 Atascadero Veteran's Memorial Committee / Lessee
1.2.1 Atascadero Veteran's Memorial Committee, whose mailing address for notice
under the terms of this Agreement is as follows:
Atascadero Veteran's Memorial Committee
P. O. Box
Atascadero, California 93423
2. TERMS
The term of this agreement shall begin on January 1, 2008 and terminate on December 31,
2038. Subject to extension or sooner termination as hereinafter provided, this agreement
shall continue for the term of thirty (30) years, upon mutual consent of both parties.
2.1 Obligations of Veteran's Memorial Committee
2.1.1 Submit Building Permit application along with all necessary plans and
documents required by the City of Atascadero Community Development
• Department.
2.1.2 Removal of all trash and litter from the area and place in nearby trash
receptacles.
1
51
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4.
5.
2.1.3 Immediately report any facility damage or vandalism to the City of Atascadero.
2.1.4 Notify the City of Atascadero's Community Services Department and/or the
City of Atascadero's Public Works Department of any scheduled maintenance
or renovations.
2.1.5 Maintain the bronze statue per sculptors recommendation. Keep the
structure in a clean, presentable and repaired condition. Any and all repair
costs will be the obligation of the Atascadero Veteran's Memorial Committee.
2.1.6 Maintain the pathways, walls, concrete mow -strips, and any other
improvements around the bronze statue in good repair. Any and all repair
costs will be the obligation of the Atascadero Veteran's Memorial Committee.
2.1.7 Replace all tattered or torn flags on an as needed basis.
2.2 Obligations of the City of Atascadero
2.2.1 The City of Atascadero grants the Atascadero Veteran's Memorial Committee
use of the property described in Attachment A for the express purpose only to
install a Veteran's Memorial statue and related site improvements.
2.2.2 Perimeter area weeding and spraying of pre -emergent herbicide.
2.2.3 Provide dumpster for trash.
2.2.4 The City of Atascadero will pay for all utility costs.
INDEMNIFICATION:
Atascadero Veteran's Memorial Committee hereby agrees to, and shall, hold City, its
elective and appointive boards, officers, agents and employees, harmless and shall defend
the same from any liability for damage or claims for damage, or suits or actions at law or in
equity which may allegedly arise from Atascadero Veteran's Memorial Committee or agents'
negligent operations or failure to perform under this agreement, whether such operations be
by Atascadero Veteran's Memorial Committee or by any one or more persons directly or
indirectly employed by, or acting as agent for, Atascadero Veteran's Memorial Committee.
INSURANCE:
Atascadero Veteran's Memorial Committee shall not commence its services under this
agreement until they have obtained all insurance as provided in Exhibit C.
TERMINATION OF AGREEMENT
5.01 TERMINATION OF NOTICE:
Notwithstanding any other provision of this agreement, any party hereto may terminate this
agreement, at any time, without cause by giving at least 90 days prior written notice to the
other parties to this agreement.
5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall
terminate automatically on the occurrence of any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) The end of the 90 days as set forth in Section 5.01;
(3) End of the contract to which services were necessary; or
2
52
•
0
•
(4) Assignment of this agreement without the consent of the City.
5.03 TERMINATION BY ANY PARTY FOR DEFAULT:
Should any party default in the performance of this agreement or materially breach any of
its provisions, a non -breaching party, at their option, may terminate this agreement,
immediately, by giving written notice of termination to the breaching party.
5.04. TERMINATION:
This agreement shall terminate on December 31, 2038, unless extended as set forth in this
Section. The City, with the agreement of the Atascadero Veteran's Memorial Committee, is
authorized to extend the term of this agreement beyond the termination date, as needed,
under the same terms and conditions set forth in this agreement. Any such extension shall
be in writing and be an amendment to this agreement.
6. NON -EMPLOYMENT STATUS.
It is understood and agreed by the parties hereto that Atascadero Veteran's Memorial
Committee, while engaged in operation of the program(s) described herein and complying
with the terms of this agreement, is and shall act as an independent contractor and is not
an officer, agent or employee of the City, and officers, employees and agents of Atascadero
Veteran's Memorial Committee are not entitled to any of the benefits of City employees.
7. ASSIGNMENT
Atascadero Veteran's Memorial Committee shall not assign this agreement or any part
thereof without the prior written consent of the City Manager or his designee.
8. ALTERATIONS
C7
8.01 Any alterations, additions, improvements or changes, that Atascadero Veteran's
Memorial Committee may desire to make to the premises, shall be made at the LESSEE'S
sole cost and expense and in compliance with all applicable governmental requirements. All
such alterations and/or improvements shall be made only after first submitting the plans and
specifications thereof to the City and obtaining the consent of the City in writing. Any such
alterations or improvements shall at once become a part of the leased premises and, unless
the City exercises its right to require the LESSEE to remove any alterations that the LESSEE
has made to the premises, shall be surrendered to the City upon the expiration or sooner
termination of the agreement.
8.02 If the City elects to exercise its right to terminate this agreement prior to the termination
date established here within, the City will reimburse Atascadero Veteran's Memorial
Committee for all direct expenses of materials related to approved alterations and
improvements, not including labor costs or the value of volunteer labor. Records and
receipts shall be required for reimbursements.
3
53
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
opposite their respective names.
CITY OF ATASCADERO •
Date:
WADE MCKINNEY, City Manager
ATASCADERO VETERANS MEMORIAL COMMITTEE
Date:
President, Atascadero Veterans Memorial Committee
ATTEST:
Date:
MARCIA TORGERSON, City Clerk
APPROVED AS TO CONTENT:
Date:
BRADY CHERRY, Director of Community Services
APPROVED AS TO FORM:
Date:
PAT ENRIGHT, City Attorney
4
54
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•
Exhibit D
• INSURANCE REQUIREMENTS FOR LESSEE
Lessee 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
Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by
the Lessee.
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. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance (for lessees with employees).
3. Property insurance against all risks of loss to any tenant improvements or betterments.
Minimum Limits of Insurance
Lessee 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 Insurance 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. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the
option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Entity, its officers, officials, employees and volunteers; or the Lessee
shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees and volunteers are to be covered as insureds
with respect to liability arising out of ownership, maintenance or use of that part of the
premises leased to the lessee.
5
55
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2. The Lessee's insurance coverage shall be primary insurance as respects the Entity, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained •
by the Entity, its officers, officials, employees or volunteers shall be excess of the
Lessee's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
VerlNcaticn of Coverage
Lessee shall furnish the Entity with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the Entity or
on other than the Entity's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved by the Entity
before work commences. The Entity reserves the right to require complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these
specifications at any time.
•
Atascadero City Council
ITEM NUMBER: B - 1
DATE: 03/27/07
Staff Report - Community Development Department
Eagle Creek Golf Course Reuse
Study Session
RECOMMENDATION:
Council provide direction to staff and Planning Commission on how to proceed with
amendments to the Eagle Creek Golf Course project.
DISCUSSION:
Background: The property in question was originally zoned as Commercial Tourist. in
1991 the property was rezoned to Special Recreation and High Density Single Family
with the PD -8 overlay district. The rezoning and PD -8 allowed for the construction of
the golf course, driving range and 13 single family units.
Eagle Creek Planned Development Overlay Zoning Code Text
9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).
Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps
(Section 9-1.102). The following development standards are established:
(a) A Master Plan of Development shall be approved prior to any development of the site. The
Master Plan shall be processed in the same manner as a conditional use permit except that the
Master Plan may be submitted and processed in the same manner set forth for the processing of a
tentative map.
(b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to:
(1) Single-family dwellings;
(2) Residential accessory uses (See Section 9- 6.106);
(3) Crop production and grazing;
(4) Farm animal raising (See Section 9-6.111);
(5) Home occupation (See Section 9-6.105);
+ (6) Temporary dwelling (See Section 9-6.176);
(7) Agricultural accessory uses (See Section 9- 6.109);
57
ITEM NUMBER: B - 1
DATE: 03/27/07
(8) Outdoor recreation services, limited to a golf course and/or tennis and swim club (See Section 9-
6.123);
(9) Pipelines.
(c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan following
a public hearing.
(d) The grove of oak trees located on the slope between the top of the knoll and the intersection of
Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative
Map, Efforts shall be made to place this extreme western portion of the property into open space
easement, or otherwise ensure its preservation.
(e) Any substantial expansion of recreational uses beyond a nine -hole golf course shall require
,�-�iaration of a traffic study. The result of that traffic study and recommendation shall appear on
the consent calendar of the City Council.
(f) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221 § 3, Exh.
B, 1991)
CROSS SECTION
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ITEM NUMBER: B -1
DATE: 03/27/07
In 1998 PD -8 was amended to allow the golf course and driving range to take access
off of Atascadero Road rather than Santa Barbara Road as originally required.
In 2000 the owner applied for a zone change and PD master plan amendment to
remove the outdoor driving range and add four additional single family units. The
request was approved on April 10, 2001.
2001 Master Plan of Development
cot sn
59
ITEM NUMBER: B-1
DATE: 03/27/07
In 2005 the golf course was closed to the public and watering and maintenance of the
course ceased. The owner applied for a General Plan Amendment, Zone Change and
PD Master Plan Amendment in December 2005. The original amendment proposal
called for the creation of two additional single family residential lots, a cell tower and a
youth football field. This proposal was agendized for a study session with the City
Council, Planning Commission and Parks and Recreation Commission on March 28,
2006. During the study session the neighbors expressed significant concern regarding
the intensity of the football field use. The Council referred the item back to the staff and
applicant to come up with new alternatives that were less intensive than the football
field.
Analysis: In response to the Council's direction from last year, the applicant has
submitted a revised concept for the golf course site. The new proposal involves
converting the existing club house into a single family unit on a 10 acre lot and leaving
the golf course and its facilities as is.
Proposed 2007 Master Plan of Development
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ITEM NUMBER: B - 1
DATE: 03/27/07
3,546 SF
- Proposed Floor Plan -
Proposed 2007 Master Plan of Development
61
ITEM NUMBER: B - 1
DATE: 03/27/07
Although this latest proposal is clearly a lower intensity use of the land, the following
issues need to be clarified for the proposal to move through the approval process.
1. What is the "public benefit" of PD -8 without the golf course?
Applicant's response:
"The public benefit of this proposed situation will enable the City of
Atascadero to place desired maintenance conditions on the property, through
this conversion, so that the remaining property will be enhanced and
sustained as the City's gateway."
Staff is unsure what public benefit the project would have once the golf
course is eliminated.
2. What if any use restrictions will be placed on the 10 acre single family lot?
• Staff would recommend that an open space and drainage easement be
required over the flood planes that cross the 10 acre lot.
3. Should the underlying LS zoning district that permits recreational uses and RV
parks be removed from the property to prevent future Master Plan Amendments?
• The applicant is proposing to leave the existing CREC (Commercial
Recreation) general plan designation and LS (Special Recreation) zoning on
the 10 acre parcel.
Staff would recommend that the 10 acre site have a General Plan
Amendment and rezoning to change the use to residential to prevent future
requests for recreational and commercial uses on the site.
As an alternative, PD -8 should be revised to eliminate
Crop production and grazing;
Farm animal raising
Agricultural accessory uses
Outdoor recreation services, limited to a golf course and/or tennis and swim club
4. What happens to the existing golf course improvements like the sand traps, lake,
bridges, irrigation system, well, driving range, cart paths, and trees that are
spread across 12 separate residential lots?
• Applicant's response:
"Previous easement area for golf course over individual lots have been
deeded back to the owners. Each owner responsible to maintain and restore
their entire lot now.
1) Sand traps on individual lots will be at owner discretion; sand traps on lot
M,
ITEM NUMBER: B -1
DATE: 03/27/07
proposed for converted residence will remain. A selling feature of this lot will
be the potential of having a private golf course area should a future buyer
choose to utilize them.
2) Lake — to remain, as above
3) Bridges — to remain
4) Irrigation — to remain
5) Well — to remain
6) Driving range - to be removed
7) Cart paths — there are none
8) Trees — to remain, dead trees will be removed on lot proposed for
converted residence"
• Staff is concerned about the current appearance of the abandoned golf
course. It appears that the applicant's proposal is to leave the site as is
permanently. Many of the non native trees were dependent on the irrigation
of the turf and will probably slowly decline and die without supplemental
irrigation.
5. Is the new fencing acceptable?
• Applicant's response:
"[The fencing is] permanent. There will be landscape treatment (vines, rose
bushes or similar) planted along the fencing."
• Staff would recommend that landscaping and irrigation of the fencing be a
project requirement.
6. What will happen with the golf course shop and storage buildings?
• Applicant's response:
"These buildings will remain. They will become residential outbuildings (shop,
shed, etc.)."
• Staff is concerned about the large shop building on Atascadero Avenue. This
building is over 2000 square feet and looks like a house on the exterior. At a
minimum, clear deed restrictions for this building will be needed to prevent it
from being used for residential or commercial purposes.
ATTACHMENTS:
Attachment 1: Applicant's Proposal
•
63
EAGLE CREEK PROPOSAL 12/1/06
KIRK CONSULTING
BACKGROUND: City Council had a Joint Study Session on March 28, 2006
to discuss the potential development at 13000 Atascadero Road (APN 045-391-
015, 016), formerly known as "Eagle Creek Golf Course". The location of the
property is in South Atascadero on the west side of Highway 101, adjacent to the
Santa Barbara Road on/off ramps. The site is bordered on the south and west
sides by Eagle Ranch, the east side by Highway 101, and large lot residential
development along the northern portions of the site (RS: 2.5-10 acre lot
minimum). Adjacent residential development includes 18 homes, 13 one-half
acre parcels to west of the golf course (Tract 2049 / 2279), four 1.5 acre lots (Tract
2415) and one +/- 2.0 acre parcel on the south side of the golf course.
The proposal discussed at the workshop included the modification of the
existing use(s) of the property, formerly known as Eagle Creek Golf Course. The
property is composed of an overall 9.93 acres that is currently designated as
Commercial Recreation (CREC) under the General Plan Mixed Use Land Use
Designation section with a corresponding zoning district as Special Recreation •
"LS", with Planned Development "PD -8" and Flood Hazard "FH" overlays. The
proposal presented at the workshop included the following components:
• Conversion of the existing maintenance building to residential use
(interior alterations only)
• Conversion / modification of the existing club house facilities(s) to a single
family residence including the construction of a new garage;
• Zone Text Amendment to modify allowed uses within PD -8 overlay,
• Youth recreational field, home and visitor seating, small concession stand,
parking for recreational uses.
• Co -location cellular facility
• Environmental Enhancement/Mitigation project areas
In order to process this proposal the following entitlements would be required
for approval:
• General Plan Amendment
• Zone Change
• Tentative Parcel Map
• Conditional Use Permit
it members had the opportunity to hear from
At the Joint Study Session, Councpp ty
the public including the applicant, youth football affiliates, and neighbors. The
overall neighborhood consensus seemed to agree that they did not want to see a
youth recreational field in their back yard. Neighbors expressed concerns that
they enjoyed the golf course, "open area"; adjacent to their property and that
their focal reasoning for purchasing a home in the neighborhood was driven by
this amenity. Neighborhood consensus expressed the wish to see the prior golf
course remain as open landscape.
Youth football affiliates expressed their desire and need for a youth recreational
field in Atascadero and even North County. Leaders within the youth football
organization as well as coaches and team members voiced their opinions as to
why a field is needed in the area and how they appreciated the applicant for
proposing the generous idea.
As a result of the public comment period, City Council members concluded that
the recreational field may not be the best alternative for this site. Council directed
the applicant to come up with additional alternatives to bring to Council and the
public at another joint study session. Several alternatives have been evaluated by
the applicant and one of these seems to be the most logical for proposal for the
site at this time. This alternative is further explained below and will be evaluated
by staff and then forwarded on to a City Council public workshop for discussion
and recommendations from Council.
•
65
Proposal:
• Conversion / modification of the existing club house facilities(s) to a
single family residence including the construction of a new garage
The existing clubhouse facility is on 9.9 acres. This proposal does not propose to
adjust existing property lines or parcel size. The property has an existing
workshop building that fronts Atascadero Road. Maintenance of the parcel will
be provided by the owner.
The existing clubhouse consists of two separate buildings. The proposed
residential conversion would adjoin the two buildings into a 3,546 sf one-story
home with a loft.
1st Floor
- Existing Floor Plan -
•
•
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3.546 SF
. - Proposed Floor Plan -
General Plan and Zoning Compliance:
This proposal is for an amendment to the Master Plan of Development (CUP
2005-0025) to allow residential use. The intent of the proposal is to convert an
existing clubhouse building into a single family residence and add an additional
detached garage. Residential uses are allowed in the LS zoning district with a
minimum parcel size requirement of 1.5 acres. Additionally, single family
iresidential uses area specifically listed as an allowed use in the PD -8 overlay.
The project is consistent with the city's Zoning Ordinance and the General Plan.
67
Justification:
This is a reasonable proposal because it provides less of an impact than any of
the previous alternatives submitted. Converting this parcel into residential use,
would not result in any significant construction or alteration of the existing view
corridor. The only construction would be to combine the two existing structures
(clubhouse) into one residence and to add a new detached garage. Additionally,
the proposal would simply maintenance responsibilities of the previous golf
ccurse, area and return previous easement areas to the neighboring parcels.
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ITEM NUMBER: B - 2
DATE: 03/27/07
Atascadero City Council
Staff Report - Community Services Department
nlony Park Community Center Project Operations Planning
Status Report
RECOMMENDATION:
Council review operations report and provide direction as necessary.
DISCUSSION:
Background: The Colony Park Community Center project is moving forward, and plans
are being developed to determine facility operations and levels of service. The following
report provides a preliminary look at facility operations, and gives some examples of
operating policies and plans.
Programming: One of the most important elements of the new Community Center will
be the level of service for programs and activities. Programming will be offered for all
ages, from youth to older adult, with activities scheduled to meet the needs of the
various populations. Staff is recommending that many of the Community Services
Department's existing programs be relocated into the new facility. This enables the City
to be able to offer a wide range of activities in the areas of youth and adult sports,
contract classes, and special events without adding additional costs. Many youth sports
that currently take place in school facilities can be relocated to the Community Center,
saving fees now paid to the School District. Examples would be the youth basketball
and volleyball leagues. Adult sports that have been discontinued in past years, due to
costly school facility fees that the market would not bear, can now be reinstated in the
City facility to provide more recreation opportunities and generate additional program
revenue. Examples would be adult basketball and volleyball programs.
Existing contract classes now conducted in the Lake Pavilion, can also be moved to the
new facility, providing a variety of recreation and special interest classes for youth and
adults. Relocating these types of classes will not increase operating costs, and help fill
the new facility with appropriate activities. In fact, relocating the contract classes from
the Lake Pavilion will create available space there for more profitable rental activities
there. In the case of contract classes and youth and adult sports programs, these
offerings can also be expanded in the new facility with minimal increases in operating
71
costs. Contract classes are structured in such a way as the city splits the revenue from
the activity with the private contract instructor. 0
The Colony Park Community Center will include the teen center and game room, which
will be open on a drop-in basis. This area will be open free of charge during regular
operating hours. The teen center area will serve kids from the 7th through the 12th
grades. The Teen Center area will require staff supervision, and some alternatives for
operating the teen center are discussed later in the report.
Center Hours of Operation and Center Program Staffing: The hours of operation will
vary based upon the season, when school is in or out of session. When school is in
session, the proposed hours are: Monday through Friday, 3:OOpm — 8:OOpm.
Saturday and Sunday, the hours would be 11:OOam — 9:OOpm, and 1:OOpm —
5:00pm respectively.
When school is not in session during the summer or during holiday and spring breaks,
the hours would be: Monday through Friday, 11:00am to — 8:OOpm. Saturday and
Sunday, the hours would be 10:OOam — 9:OOpm, and 1:OOpm to 5:OOpm
respectively.
The Community Center will also to be open later in the evening on an "event basis" for
special events and activities, such as teen dances. The Recreation Center will also be
available for rental activities, and these activities would be based on cost recovery
goals. Rentals may occur after hours or during the regular business hours identified
above, if there are no conflicts with other uses and as space may be available.
The Center Director will be an existing staff position in the Community Services
Department. Recreation Supervisor, Paula Anton, will be assigned as the facility Center
Director, saving the City the need to fund this important position as a new position. Ms.
Anton will supervise and oversee the entire facility operation and. part-time staff on a
day to day basis. One alternative for teen center supervision staffing for the normal
hours of operation would involve two part-time staff persons present during all normal
hours of operation. The staff would supervise the front counter, game room and be
responsible for general facility welfare. Other staff and contract instructors would be
assigned based upon the scheduling of new or existing programming for the facility, and
would supplement the Center Director and part-time staff. From a program standpoint,
the greatest challenge financially will be supervising and staffing the teen center/game
room on a daily basis.
Potential partnerships with other organizations: City staff has met with representatives
from the YMCA and the North County Boys & Girls Club. The YMCA based in San Luis
Obispo responded to an invitation to submit a proposal for a potential partnership in the
Center operations. Their proposal is attached (Attachment C). The YMCA has a great
deal of applicable experience and expertise in operating youth programs and programs
for adult populations as well. 40
The YMCA has expressed an interest in exploring some options to have the
organization join in as a partner to operate the teen center and offer some special
events and other developmental programming. One of the alternatives being considered
72
involves the YMCA, Atascadero Unified School District and the City operating an after-
school program for teens at the Center. All three agencies have jointly applied for a 21St
Century Grant, which would bring in as much as $150,000 in grant funding to offer the
programming. The School District would be the Fiscal Agent. The YMCA would provide
after-school program/teen center supervision and other activities such as a "Homework
Lab". The City's "in-kind" match would involve the provision of facilities. If the grant is
successful, some of the City's operational cost would be significantly less than what it
would cost the City to run the teen center and other programs. Mobley's Boardshop has
also expressed an interest in helping to set up computers for the after-school
"Homework Lab".
Cafe Operations: In March 2006, the Community Services Department made a public
"Request for Proposals" (RFP) to find a private operator for the cafe to be located in the
teen center. More than ten (10) RFPs were mailed out to prospective businesses that
might have an interest in operating the cafe. The Proposals were due in May, and only
one business, NCI Affiliates, Inc. submitted a proposal. NCI operated the "Back Porch
Cafe" at the Lake Pavilion several years ago, and the City was satisfied with their
performance. In May, NCI proposed paying $250 per month for the cafe, and 4% of the
gross revenue.
City staff does not think that the sole proposal meets the City's needs at this time. City
staff prefers to explore the option to allow the YMCA to run the cafe, and use any
proceeds to offset the cost of helping supervise the teen center/game room. Another
avenue would be to run the cafe under City operation. A variation of this concept could
include a vending operation only, which would certainly generate revenues and not
require high overhead costs or staffing. After running the cafe "in-house" in this manner
for a period of a year or so, the City could then issue another RFP, when the proposing
businesses can look at the attendance numbers of the new facility, prior to making a
proposal.
Facility Policies, Procedures and Standards of Operation:
Staff has been researching facility use policies and standards of operations. A draft
policy manual is attached for City Council review and comment.
The Colony Park Community Center construction is currently on budget and on
schedule. The anticipated grand opening continues to be in the fall of 2007.
FISCAL IMPACT:
The annual cost of the operation of the Colony Park Community Center is estimated to
be as follows:
Building Maintenance: $225,820
Parks (Landscape Maint.): $3,200
Center Operations: $256,040
Approximate Operations Total: $485,960
73
ATTACHMENTS:
Attachment A- "Draft" Policies & Procedures Manual
Attachment B- Sample Weekly Program Schedule
Attachment C- YMCA Proposal for Services
74
•
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Fall
lip
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City of Atascadero
Community Services Department
Colony Park Community Center
Policies & Reservation Procedures
Reservation Procedures
All customers must submit two (2) forms of residency verification in order to
receive a discount on facilities where a residency discount is applicable.
Reservations can be made over the phone with a Mastercard or Visa, or in
person at the Atascadero Recreation Center Monday through Friday between the
hours of 1:00 pm and 5:OOpm.
All rentals must be paid for in advance. A security deposit, paid by cash, check or
credit card, is required at the time of the reservation to reserve a room for any
event. The balance must be paid no later than 30 days prior to the event. If
payment is not received 30 days prior to the event, the City of Atascadero
will cancel your reservation and withhold the security deposit.
Once the balance of the permit is paid, the security deposit will become a
damage deposit. Please see policies regarding damage deposits on the
following pages.
Reservations can be made one year to the day in advance of your event.
Reservations,
including kitchen facilities, must be made a minimum of 30 days in advance.
Reservation times and dates must be set 30 days prior to an event.
Reservations for the Community Center on designated City holidays will require
approval by the Facilities Coordinator. Special holiday rates may apply at staff
discretion.
Groups composed of minors (under 18 years old) must be supervised by 1 adult
for every 20 minors while they are using the facilities. The permit must be issued
to the adult supervising the function. Permits will only be issued to individuals
between 18-21 years of age for events without alcohol.
76
•
•
•
•
Rental Time Requested
Rental times are required upon making the reservation. Rental fees are applied
for preparation and actual program time. The hour following an event is to be
used by the customer for cleaning ONLY. The permittee will be obligated to pay
for additional set-up time required by the caterer.
All activities must be concluded no later than 12:00 a.m. (including clean-up
time). All persons associated with your event must vacate the premises when the
permitted time expires. Events that go over actual program time will have one
hour's worth of fees withheld from the damage deposit for every 15 minutes that
pass.
Permit Changes/Revisions
A $25.00 administrative fee will be assessed for all revisions with the exception
of additional time added to an existing permit.
A minimum of 30 days advance notice is required to revise an existing permit and
to add an alcohol damage deposit.
The permittee shall be required to pay for additional services/equipment not
requested in advance.
Changes/revisions to an existing permit will not be allowed within 30 days prior to
the scheduled date.
Cancellation Policy
The City of Atascadero reserves the right to cancel any reservation contract
and/or equipment request upon two weeks notice. This shall be done when it is
deemed necessary to do so and in consideration of the First Amendment Rights
of the applicant.
To receive a refund, please inform the Reservation Office 30 days in advance for
all cancellations and revisions. A $25.00 administrative fee will be assessed for
all cancellations.
If for any reason an event is cancelled within 30 days prior to its scheduled date,
all rental fees associated with that event will be withheld. The damage deposit
will be refunded.
Refunds/Damage Deposit Refunds
Refunds will be mailed to the permittee. If the permittee paid by check or cash, a
check will be mailed for the appropriate amount approximately 4 to 6 weeks after
the date of the event or after a cancellation has been made. If the permittee paid
by credit card, the permittee's credit card will be credited for the appropriate
amount with 2-3 weeks following the event or cancellation request.
Damage deposit refunds will be processed after your event if the facility is left in
a satisfactory condition, nothing is broken, and the event ends at its scheduled
time.
77
The City will deduct from the damage deposit additional charges relating to, but
not limited to, additional maintenance time, additional facility use time and
equipment or property damage during your event. 0
If Public Safety is called to address an issue or disturbance at your event at any
time, your damage deposit will be withheld.
The City reserves the right to hold the users damage deposit in its entirety if user
does not follow specified City policies. This will hold true regardless of who
(permit holder, guest, or agent of permit holder) was responsible for the breach of
policy.
Alcohol and Insurance Information
Liability Insurance will be required for any event hosted in the Ballroom,
Community Room or Orchard Pavilion where alcohol is present.
A General Liability Insurance policy in the amount of $1 million will be required
with the City of Atascadero listed as an additional insured with wording as
follows:
"The City of Atascadero, its officers, agents, and employees are hereby
named as additionally insured"
Proof of insurance and the accompanying endorsement must be submitted a
minimum of 30 days prior to the event. Failure to do so will result in cancellation •
of the event and the loss of all associated fees.
Customers who wish to serve hard alcohol must go through a caterer or
bartender that holds a proper liquor license/insurance and Sunnyvale business
license.
Facility Attendant
A Facility Attendant will unlock and lock the facility, answer any questions, and
enforce all rules of operation. An attendant(s) will set up the room prior to the
designated time allowed for preparation and assist with additional tasks as
necessary. Please report all spills and any problems to the attendant
immediately.
Room Set -Up and Special Request
The Facilities Coordinator must approve decorations, special requests, and the
room set-up diagram.
A room set-up diagram is due 30 days prior to the event (a floor plan of the room
will be included in the reservation packet onto which you can sketch your desired
room set up). A Facility Attendant will have set up all tables and chairs, in •
accordance with your set-up diagram, by the time the program/event begins.
Failure to receive a room set-up diagram will result in no set-up being performed.
Pins, tape, or staples into the walls and partitions in the Recreation Center are
prohibited. No confetti, glitter, silly string, or fog machines permitted in rooms in
the Recreation Center.
• If theP ermittee should, for any reason, be unavailable during an event, it is
his/her responsibility to nominate a representative to act as a point of contact
should city staff have any questions or concerns in regards to the event. You
may indicate the person on the Community Center Liability Statement.
Clean -Up Responsibilities
The user has the responsibility of leaving the room as it was originally found. The
City of Atascadero will furnish NORMAL cleaning supplies such as trash bags,
mops, and sponges. Staff will remove all tables and chairs; however it is the
user's responsibility to clean them. A Clean -Up Responsibility Policy Form will be
provided when the reservation is made and on the day of the event. This form
can be used as a checklist to ensure that the user adheres to all clean-up
responsibilities. The permittee is given up to 1 hour to clean the facility following
the conclusion of an event. This time is used specifically to clean.
General Regulations
Each guest at an event must obey all applicable City, State and Federal rules,
ordinances, laws and regulations. Failure to obey the rules and regulations will
• result in cancellation of the permit. Additionally, you may be asked to leave the
facility and/or be subject to legal action.
Food and drinks are prohibited in the gymnasium. The person or organization to
whom the permit is issued assumes all responsibility for use of the facility.
Permits cannot be transferred, assigned or sublet. The permit holder or their
delegate must be in attendance at all times.
Only City of Atascadero vehicles are allowed on Recreation Center grounds. You
may park only in designated parking areas, including the time spent loading and
unloading your vehicle.
The rooms reserved exclusively for your activity are included on your permit. You
may not use other rooms in the facility.
The City has the right to assign a staff member to supervise the event.
The City retains the right to prohibit excessively large audio equipment that may
be considered a nuisance or disturbance to the surrounding community.
Equipment that may cause power failure to the facility will be prohibited.
Gambling is prohibited. Gambling is defined as: "giving of value for the possibility
• of obtaining the operation of an element of chance."
Commercial or profit-making activities are not allowed. You may not charge
admission fees, sell products, or solicit donations without prior special approval
by the Department Director or the assigned representative.
79
Smoking is prohibited within twenty feet of any entrances, exits, or operable
windows. •
Specific fire code regulations must be followed for candle usage. No open flames
allowed.
Please call the Reservation Office for further details.
The display of banners and/or signs is prohibited.
No confetti or glitter is permitted in or around the Recreation Center.
No soliciting is allowed in or around the Recreation Center.
The City of Atascadero is not responsible for accidents, injury, illness, or loss of
group or individual property.
Specific fire code regulations must be followed for candle usage. No open flames
allowed. Call the Reservation Office for further details.
Proof of insurance may be required, depending on the type of event.
Anyone violating the established rules and regulations or constituting a public
nuisance may be required to leave the facility and your deposit may be withheld. .
Please do not offer gratuities to City employees as they have been instructed not
to accept them.
Clean-up Responsibility Policies -Community Center
These guidelines will serve to highlight the responsibilities on the part of both
Atascadero City staff and the user.
STAFF
The City of Atascdero does provide staffing for events. The primary function of
the staff is to set-up all tables and chairs prior to an event and to remove all
tables and chairs following an event. They will be responsible for light clean-up
services only. A facility attendant(s) will remain on the premises for the span of
the event.
The attendant(s) will provide the user with guidance for all of the items listed
below. They will also provide any clean-up materials to aid in cleaning, such as
brooms, mops, and trash bags.
USER
The user bears the responsibility of leaving the facility in the same condition as it •
was found. Failure to comply will lead to forfeiture of all or part of the permittee's
damage deposit.
Possible Check List if the $150 cleaning fee is not charged
-IX
In Order to ensure a full reimbursement of the damage deposit, the user must
meet the following criteria:
• ❑ Floors are swept and mopped (if necessary) and restored to the same
conditions at the start of the event
❑ All bottles, cans, cups, etc, are removed from the premises and put in the
proper recycling bin
❑ Tables and chairs wiped clean of food and beverage spills
❑ Any "wet spills" on floor mopped (wet spills must be addressed at the time
they occur)
❑ Trash bagged and transferred to the designated area
❑ Kitchen area clean and cleared of any food or debris (Ballroom and
Orchard Pavilion only)
❑ Wet bar area clean, including countertop (Ballroom only)
❑ Patio area clean, including the removal all cans, bottles, cups, etc
Additionally, events must conclude at the time specified on the Reservation
Contract. The City of Atascadero does not permit adding additional time to a
function the day of the event. If for any reason time does exceed designated for
clean up, the permittee's damage deposit will be forfeited and public safety may
be dispatched.
Before departing, it is of utmost importance that the user checks with the staff
supervisor to ensure that the facility is in fact "clean." This will aid, however not
guarantee, in insuring the entire amount of the damage deposit is reimbursed to
the permitee.
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Colony Park Community Center Complex
Event Host Checklist
Before Event
Staff Name: Time:
o Room(s) to be used: Are they clean? Floors, windows, kitchenettes, mirrors, etc.
o Set-up event according to map provided. If the room is already set-up, double check it
against the map.
o Lobby: Is it clean? Floor vacuumed, windows & mirrors cleaned, furniture dusted, etc.
o Front entry: Has it been swept, are cobwebs clear, ashtrays emptied, etc.
o Restrooms: Are they clean? Floors, mirrors, counters, toilets.
o Are they stocked? Toilet paper, seat covers, soap, paper towels, etc.
o Put out mats & unlock doors.
o Kitchen: Do they have it reserved? If so, make sure Concessionaire is not in the kitchen
o Is it clean? Counters wiped down, nothing in the refrigerator/freezer, etc.
o Unlock gate to park, kitchen gate and kitchen door.
o What time is the event scheduled for? If it's an evening event, turn on the party lights.
o Equipment: Do they have any equipment reserved? If so, make sure it is set-up accordingly.
o Are they using the P/A System? If so, TEST IT FIRST to make sure the volume is set
at an appropriate level.
Staff initial when above duties are complete.
During Event
Staff Name:
Time:
o Kitchen: Check with kitchen staff to make sure they have trash bags.
o CHECK KITCHEN BEFORE CATERER LEAVES (most caterers leave immediately
following dinner).
o If caterer leaves the kitchen dirty, make sure to write it on the conduct report before
the renter signs it. If staff fails to do this, they are responsible for cleaning it.
o Restrooms: Check them EVERY hour for cleanliness and supplies, etc.
o If there is a mess, put out the caution sign, and QUICKLY clean it up.
o Check outside periodically for trash, ashtrays, loiterers, etc..
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o Security: Check the event sheet to see if security will be arriving. Check in with them as
soon as they arrive. If you have a problem with the security guard or company, please mark it
on the conduct report.
o Security -guards may not leave until ALL guests and the renter have left.
Staff initial when above duties are complete.
After Event
Staff Name: Time:
o Kitchen: CHECK KITCHEN BEFORE CATERER LEAVES!
o Make sure renter has removed everything they have brought in.
o Check all rooms for damage, indicate any damage on conduct report.
o Walk around the facility and check EVERYTHING (especially kitchen & BBQ area)
BEFORE having the renter sign the conduct report (if you have them sign before you do the
walk through and find damages after the fact, we cannot collect for them).
o Make sure everyone has left the building (double check all rooms, especially the bathroom).
o Equipment: Return all rental equipment to its proper location, and turn off P/A system.
o Bring in mats, lock all doors, and complete FINISH.
Staff initial when above duties are complete.
Is there a cleaning service coming in after this event? (circle one) Yes No
If not, do the following:
o Empty trash
o Clean rooms used: Sweep, mop, kitchenettes, vacuum lobby, etc.
o Clean restrooms: Clean toilets, counters, sinks, floors, mirrors, etc. Restock supplies.
Staff initial when above duties are complete.
Kitchen Checklist
NOTE: If the following areas are not cleaned by the caterer or renter, and the staff lets the leave... it
is the staffs responsibility to make sure they are complete before they leave.
Area
Specifics
Initial
Dishwasher
Interior screens cleaned of food debris, turned off, water supply to
sprayer turned off.
Cupboards
Wiped down, nos ills ors lashes.
Walls
Wiped down, nos ills ors lashes.
Stove/Griddle
Top of stove wiped down, griddle cleaned with a screen or grill
brick (if used), grease trap on griddle dumped (if used).
Oven
Wiped down, no spills ors lashes.
Stovebacks lash
Wiped down, nos lashes.
Sinks
Cleaned and sanitized, no food debris left in sink.
Steam wells
Emptied of water (if used), cleaned, no food debris.
Counter tops
Cleaned and sanitized.
Floors
Swept and mopped.
Back enclosure
No trash or recyclables left in enclosure, kitchen mats stacked
neatly.
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Colony park Community Center Complex
Non- Profit Rental Rates (Proposed)
Room
Capacity
Time Frame
Rate
Dance Room
Mon - Fri
$30.00/hr
Dance Room
Sat - Sun
$40.00/hr
Exercise Room
Mon - Fri
$25.00/hr
Exercise Room
Sat - Sun
$35.00/hr
Fitness* (Dance and Exercise
Rooms Combined)
Mon - Fri
$55.00/hr
Fitness * (Dance and Exercise
Rooms Combined)
Sat - Sun
$80.00/hr
Conference Room
Mon - Fri
$20.00/hr
Conference Room
Sat - Sun
$25.00/hr
Kitchen and Cafe
Mon - Fri
$40.00/hr
Kitchen and Cafe
Sat - Sun
$50.00/hr
Gymnasium
Mon - Fri
$50.00/hr
Gymnasium
Sat - Sun
$50.00/hr
Teen Center
Mon - Fri
$
Teen Center
Sat - Sun
$
Arts and Crafts Room
Mon - Fri
$20.00/hr
Arts and Crafts Room
Sat - Sun
$35.00/hr
Reservation Deposit: 50% of the Total Estimated Due
All bookings require a 50% Non -Refundable reservation deposit and a completed
application to hold the date. This amount will be applied to the total amount due.
Cancellations will forfeit the reservation deposit.
Security Deposit: $250
All special events require a $250 security deposit (refundable after event if no
damages/extra charges apply)
Cleaning Fee: $150 (applied at the discretion of the coordinator)
All special events where food and/or beverages are served will be charged a mandatory
$150 cleaning fee. Please see the application for more information on cleaning.
Eauipment Rental:
Scoreboard
TV/DVD
PA System
Microphones
Sports Equipment
Wireless Internet
Coffee Pots
Bleachers
Stage
Electronic or Portable screen
Podium
-O
Colony Park Community Center Teen Lounge
Basic Rules
Teen Center:
• No sitting on the pool tables
• No playing/ spinning the pool sticks
• Drinks shall be kept in "drink holders" never on the pool table
• Pool sticks must be put back on the rack after game is over
• Walk, don't run
• Do not slam pool stick on the metal floor plates
• Keep the "puck" on the air hockey table
• Ping pong must stay on the table
• Respect the ping pong table and paddles
• Respect the PlayStation units
• Only Rec Leaders are authorized in the cabinets at all times
• Teens must pick up their own trash & spills
• No sunflower seeds allowed!!
• No music with profanity
• Music with profanity will be taken away and not returned
• Only staff is authorized to operate the television, DVD player, or surround
sound system.
• One set of lights must be on at all times
• No horse playing
• No physical contact is allowed at any time!!!
• No standing on the chairs
• Grades 7-12 only, unless for private event.
Gymnasium:
• Leave basketball hoops in designated area
• No food or drink allowed in the gymnasium
• Only the Rec. Leader should use the PA system and scoreboards
• Return all equipment to its designated area
In general:
• No transporting teens anywhere! !
• Staff may not loan money to teens
s�
C7
• Sunflower seeds and lollypops are not allowed
• No profanity allowed (No Exceptions!)
•
91
TEEN&
We build strong kids, strong families, strong communities.
Atascadero Youth Center
Program Options
YMCA Program Focus
To increase the Developmental Assets each child experiences and develops to build their resiliency and promote
positive attitudes and behaviors and help protect them from problem behaviors. Regardless of specific topic or
activity, this is the core focus of the program.
External Assets
Through its programs the Y works to serve as a resource for youth, providing many of the External Assets a child
needs outside the home. Y programs are structured constructively to support and empower youth while also
charging the youth with expectations and boundaries.
internal Assets
Character counts. The foundation of the Y's program in working with youth to develop and strengthen their Internal
Assets, is through the Six Pillars of Character. All Y programs work to instill the concepts and practice the pillars of
Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship.
•
YMCA's Purpose & Experience •
The YMCA's mission is to develop the total person - spirit, mind and body - through value -based programs that build
strong kids, strong families, and strong communities. With more than 150 years of experience, the YMCA knows that
this mission is achieved one person at a time in our communities.
We all need a place to belong, a place where we genuinely care about one another, share in decisions, treat each
other with respect and pull together for a common cause - regardless of ability, income, background or belief.
With this the spirit, mind and body can be in balance. The San Luis Obispo County YMCA is at work to do just this,
we're working with communities such as Atascadero, together, to build strong kids, strong families and strong
communities.
The San Luis Obispo County YMCA has been serving this county for 50 years, providing programs in education,
fitness and character building. The Y Teen X-Treme program is offered for Middle School Students primarily on
Middle School Campuses. Food, games, sports, projects, art, community service and leadership development are all
intertwined in this after school school -year program
Currently the YMCA also offers a Y Teen X Treme at the Pismo Teen Beach House and for the Paso Parks and
Recreation in the newly renovated Teen Room at Centennial Park. As part of several programs targeted to San
Miguel families, the also YMCA operates the San Miguel Gymnasium. Several programs serving teens in addition to
youth and their families are offered. Additionally, we operate High Adventures Camp at Centennial Park each
summer for teens. This daily program focuses on leadership and teamwork with activities ranging from service
learning projects and educational programs (such as a trip to Monterey Bay Aquarium) to those of pure fun
(highlighted by a trip to Magic Mountain). •
92
•
On a County -wide basis Expedition Camps for Teens are also offered through the summer and on weekends. These
programs, as their name suggests, are geared at helping youth experience life beyond their familiar communities.
Expeditions may lead to discoveries on Santa Cruise Island, in the High Sierra's, exploring the coast or experiencing
the delight of campfires.
Five Options For YMCA Work With The Community Of Atascadero
Option 1:
The San Luis Obispo YMCA responds to a RFP to operate the 'Teen Center'
(under the parameters of the 'scope of work' defined in the RFP).
• City Determines Scope Of
Work
Essentially, the City determines the nature of the programming offered by the
agency and each agency would respond with a proposal for programming.
• Selects Contractor To
Provide Program
The YMCA successfully operates a program similar to this partnership with the City
of Paso Robles , the Centennial Park Project. The project began after the City of
• Provides Financial
Paso Robles determined what was in the best interest of the youth and citizens of
Underwriting From Its
the community. The City then sought assistance from the YMCA to offer the
General Fund.
programming. The funding for the operation comes from the City's General Fund.
Adjustments to the operations have occurred overtime as not only the relationship
with the Recreation Department evolved; but as the after-school offerings at the
Middle School changed. The YMCA initiated the conversations and the changes
that adapted to the new circumstances.
Option 2:
Should the City not be in a position to fund the program through its General Fund
or be unable to secure grant funding, programs could still be offered. On a monthly
YMCA Offers A Series Of
dues basis ,specialized club programming would be provided. Clubs such as this
Clubs For Teens That Require
can generate the revenue needed to support the operations.
Registration And Monthly
Dues
Specializing Clubs not only captures the teens' interests but demonstrates to the
parents a value. Parents need a perception of 'value' in order to be motivated to
offer financial resources. Examples of specialized clubs that could meet and be
housed at the "Youth Center" are: Hot Rod Club (teens would learn about building
hot rods, meet with hot rod owners and ultimately could build a hot rod as a team),
Modeling Club (teens would learn about carriage, runway techniques as well as
photography, hygiene and cosmetics:), Engineers Club (teens would enter
competitions, visit Cal Poly and practice the trade on computers).
Option 3:
It would be impossible to describe the nature of the program operated with grant
funds as these funds have specific purposes and perimeters under which the
YMCA Identifies A Grant
program operates. Government grantors and Private foundations oftentimes
Source That Provides The
subscribe to a specific focus. Occasionally, they target specific sub populations
Funding Necessary To Deliver
leaving much of the rest of the population out of the opportunity. Regularly, there
Programming For Teens
is a specific agenda that is to be promoted depending on the funding source.
Within The Criteria Of The
Some of these agenda's likely will not be conducive to delivery from a public facility
Grant With The Permission Of
or perhaps in line with the community's value.
The City.
Continued next page.
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91
•
0
•
The grant process is lengthy and time consuming. Additionally grant funding is
limited, and may be for only one year. Sustaining a grant -funded program can be
extremely difficult and usually falls to option 1 or 2 after it has "proven itself."
If this option is to be exercised, it needs to begin well before the proposed start up
date as the process of grant application; review and contract offer is a lengthy one.
Option 4:
Unlike the club program where the participants would be an on-going client base,
classes likely would be offered in 4 and 6 week segments. Beginning,
YMCA Offers Fee For Service
intermediate and advanced options can provide for some retention of interest.
Classes, Programs And
Sports programming would likely be seasonal in nature. Tournaments,
Events At The Youth Center
competitions and concerts would require marketing over and over as each
Targeting Teens. Programs
event/opportunity arises.
Could Include `locational
Education, Recreation,
This format provides for a fee for service income stream that may cover the full
Sports, Concerts, Seminars,
costs of the operations. Those participants, who are unable to pay, would qualify
Competitions, Tournaments
for financial assistance from the YMCA and or the City scholarship fund. The
And Other Programs Of
YMCA would need City and Community support to underwrite operational costs
Stated Interest By The Teens.
not covered by participants.
Option 5:
Creating "business" enterprises that are closely linked to the operation is a recent
phenomenon in the Not -for -Profit world. Many have been quite successful in
YMCA Operates The Snack
linking those efforts to their mission as well as funding a programming base that
Bar With The Proceeds
lacks adequate revenue. The YMCA would propose that the teens work in the
Funding The Drop In/Drop By
snack bar, generating the needed revenue to operate their teen center under the
Programming.
supervision of YMCA staff. This opportunity would offerjob training as well as
develop a sense of ownership of the teen center. This 'ownership' would likely
lower the incidents of vandalism. Under this option, the drop in program would be
open and commensurate with the efforts of the teens providing a source of
motivation to not only work; but promote it to their peers. It is uncertain what
revenues could be generated and therefore what level of programming this option
could support.
91
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0
•
r
Atascadero City Council
Staff Report —City Manager's Office
ITEM NUMBER: B - 3
DATE: 03/27/07
Amendment to the City of Atascadero Contract
vrith the California Public Employees' Retirement System (CaIPERS)
(Request for authorization to amend the contract formula with Ca/Pers from
2% @ 55 to 2.5% @ 55 for non -safety members.)
RECOMMENDATIONS:
Council:
1. Adopt the Draft Resolution of Intention to amend the contract between the City
Council of the City of Atascadero and the Board of Administration of the
California Public Employees' Retirement System (PERS); and,
2. Introduce for first reading by title only, the Draft Ordinance of the City Council of
the City of Atascadero authorizing an amendment to the contract between the
City Council of the City of Atascadero and the Board of Administration of the
California Public Employees' Retirement System.
DISCUSSION:
On June 28, 2005 the City Council approved a new two year Memorandum of
Understanding (MOU) with the Local 620 Service Employees International Union
Atascadero Chapter (SEIU) and with the Mid -Managers and Professional Employees
Association. These bargaining units represent most of the City's miscellaneous
members. The MOU's included provisions to amend the PERS contract from the
current 2% @ 55 formula to the 2.5% @ 55 formula (Section 21354.4). This
amendment would apply to all non -safety members (all personnel not working for the
Police or Fire Departments). The enhanced pension was agreed to in exchange for
reduced raises over the four-year term of the agreement and removal of a "me too"
clause that granted both associations the same benefits negotiated by the other unions.
40 The first step in the process to amend the City's Agreement with CaIPERS is to adopt a
Resolution of Intention (Attachment A).
95
ITEM NUMBER: B - 3
DATE: 03/27/07
The ordinance which is required by CaIPERS to amend the contract is also attached
(Attachment B). Benefits are expected to go into effect by July 1, 2007. 10
FISCAL IMPACT:
The cost of the PERS pension system is divided into an employee share and an
employer share. The employee share (cost) for the current PERS plan is 7% of salary.
This amcunt is currently paid by the City. The employee share changes to 8% of salary
under the 2.5% @ 55 plan. As part of the MOU, the miscellaneous employees agreed
to pay the additional employee cost of 1%. The employer share of the cost will
increase by 2.153% of salary. As part of the MOU, the employees agreed to share this
additional cost by contributing 1.15% of salary, thus the cost of the new program to the
City will be 1% of miscellaneous salaries. This is anticipated to be approximately
$25,000 in 2007-08. This additional amount may increase or decrease annually
depending on certain factors, especially the performance of the PERS investment
portfolio. This cost will be included in the budget.
ATTACHMENTS:
Attachment A: Draft Resolution of Intention and Amendment to Contract
Attachment B: Draft Ordinance 0
•
• DRAFT RESOLUTION
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, TO APPROVE AN AMENDMENT
EFFECTIVE JULY 19 2007 TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS), AND THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies
and their employees in the Public Employees' Retirement System by the execution of a contract, and sets
forth the procedure by which said public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a summary of the change proposed in said
contract; and
0 WHEREAS, the following is a statement of the proposed change:
To provide Section 21354.4 (2.5% at Age 55 Full Formula) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that it
does hereby give notice of intention to approve an amendment to the contract between said public agency
and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment
being attached hereto, as "Exhibit" and by this reference made a part hereof.
•
97
On motion by Council Member and seconded by Council Member
, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM: is
Patrick L. Enright, City Attorney
0
c,ivtres
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Atascadero
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective April
19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April
30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29,
1992, December 26, 1997, July 3, 1999, June 23, 2001, July 13, 2002 and July 10,
2004 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 10, 2004, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 19, 1980 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
• Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
•
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. This contract shall be a continuation of the benefits of the contract of the
Atascadero Fire Protection District, hereinafter referred to as "Former
Agency", pursuant to Section 20567.2 of the Government Code, Former
Agency having ceased to exist and having been required by law to be
succeeded by Public Agency on July 1, 1980. Public Agency, by this
contract, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former Agency's
contract with respect to the Former Agency's employees. Legislation
repealed said Section effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 of said Retirement Law (2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.4 of said
Retirement Law (2.5% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be .
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
100
•
;LEASE DO NOT SIGN "EXHIBIT ONLY"
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor
Allowance) for local miscellaneous members only.
C. Section 21024 (Military Service Credit as Public Service).
d. Section 20903 (Two Years Additional Service Credit).
e. Section 20042 (One -Year Final Compensation).
f. Section 20965 (Credit for Unused Sick Leave) for local safety
members only.
10. Public Agency, in accordance with Government Code Section 20834, shall
not be considered an "employer" for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
• installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
101
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employe and the Board.
B. This amendment shall be effect✓\fhe day of
BOARD OF ADMINISTRATION `�� CITY COUNCIL
PUBLIC EMPLOYEES' R ENT SYSTEM CITY OF ATASCADERO
\
BY �0"
BY
LORI MC AND, CHIEF PRESIDING OFFICER
EMP SERVICES DIVISION
PUBL�EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 1248
PERS-CON-702A (Rev. 10\05)
102
•
• DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENENT SYSTEM (PERS)
The City Council of the City of Atascadero does ordain as follows:
SECTION 1. That an amendment to the contract between the City Council of the City of
Atascadero and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by
such reference made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the City of Atascadero is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption and
• thenceforth and thereafter the same shall be in full force and effect. A summary of this Ordinance,
approved by the City Attorney, together with the ayes and noes, shall be published twice: at least
five days prior to its final passage in the Atascadero News, a newspaper published and circulated
in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in
the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of
the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and passage and shall be available to any interested member of the public.
•
103
INTRODUCED at a regular meeting of the City Council held on , and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote: 0
AYES:
NOES:
ABSTAIN:
ABSENT:
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM: As
Patrick L. Enright, City Attorney
•
104
0 e,.
Afk,'--
CaIPERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Atascadero
401
• The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective April
19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April
30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29,
1992, December 26, 1997, July 3, 1999, June 23, 2001, July 13, 2002 and July 10,
2004 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 10, 2004, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 19, 1980 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
105
PLEASE DO NOT SIGN "EXHIBIT ONLY"
•
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. This contract shall be a continuation of the benefits of the contract of the
Atascadero Fire Protection District, hereinafter referred to as "Former
Agency", pursuant to Section 20567.2 of the Government Code, Former •
Agency having ceased to exist and having been required by law to be
succeeded by Public Agency on July 1, 1980. Public Agency, by this
contract, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former Agency's
contract with respect to the Former Agency's employees. Legislation
repealed said Section effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 of said Retirement Law (2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.4 of said
Retirement Law (2.5% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full). 0
106
•
PLEASE DO NOT SIGN "EXHIBIT ONLY"
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor
Allowance) for local miscellaneous members only.
C. Section 21024 (Military Service Credit as Public Service).
d. Section 20903 (Two Years Additional Service Credit).
e. Section 20042 (One -Year Final Compensation).
f. Section 20965 (Credit for Unused Sick Leave) for local safety
members only.
10. Public Agency, in accordance with Government Code Section 20834, shall
• not be considered an "employer" for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
107
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effec. 40he day of ,
BOARD OF ADMINISTRATION \Iz CITY COUNCIL
PUBLIC EMPLOYEES' R ENT SYSTEM CITY OF ATASCADERO
BY BY
LORI MC AND, CHIEF PRESIDING OFFICER
EMP SERVICES DIVISION 0*K5
PUBLVC�'EMPLOYEES' RETIREMENT SYSTEM
Witness Date O� S
Attest: Q®�
pL
AMENDMENT ER# 1248
PERS-CON-702A (Rev. 10105)
1:
Clerk
•
•