HomeMy WebLinkAboutAgenda Packet 032508 191$ e CITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, March 25, 2008, 7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay
Council Member Luna
Council Member O'Malley
APPROVAL OF AGENDA: Roll Call
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1
1. City Council Meeting Minutes — February 12, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of February 12, 2008. [City Clerk]
2. Atascadero Lake Park Parking Lot Rehabilitation Project Award
■ Fiscal Impact: $104,327.43.
■ Recommendations: Council:
1. Authorize the City Manager to execute an agreement with Michael
Frederick Paving in the amount of $104,327.43 for the Atascadero
Lake Park Parking Lot Rehabilitation project; and,
2. Authorize the Administrative Services Director to move the
appropriation of $100,000.00 in construction funds from Fiscal Year
2008-2009 to Fiscal Year 2007-2008. [Public works]
B. PUBLIC HEARINGS:
1. Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero
Municipal Code Pertaining to Attorneys' Fees
■ Disclosure of Ex Parte Communications
■ Description: Ordinance, if adopted, would allow the "prevailing party" to
recover attorneys' fees in civil and administrative nuisance abatement
actions.
■ Fiscal Impact: Unknown.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending Section 12-1.06 and adding Section 12-1.08 of
Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to
attorneys' fees. [City Attorney]
C. MANAGEMENT REPORTS:
1. Downtown Forum Report and Next Steps
■ Fiscal Impact: Minor costs for signage and staff time.
■ Recommendations: Council:
1. Receive and file results from the Downtown Forum; and,
2. Direct staff to proceed with recommended action , plans. [City
Manager]
2
2. Update on Broadcasting Council Meetings and AGP Contract
rw ■ Fiscal Impact: Cost for the one-year agreement is estimated at
$53,000.00.
■ Recommendations: Council:
1 . Receive and file update on PEG Fees and participation of Charter
Cable in supporting public, educational and government access
channels; and,
2. Authorize the City Manager to enter into a one-year agreement with
AGP Video, Inc., of Morro Bay, California, for broadcasting City
Council and Planning Commission meetings, with an estimated
annual cost of $53,000. [City Manager]
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.)
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
err 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.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Brennler
1. County Mayor's Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
Council Member Clay
1. City/ Schools Committee
2. Atascadero Youth Task Force
Council Member Luna
1. Finance Committee
2. Nacimiento Water Purveyors' Contract Technical Advisory Group
3. North County Water Purveyors Group
3
Council Member O'Malley
1. S.L.O. Council of Governments (SLOCOG)
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities — Council Liaison and CITIPAC Board Member
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.
Valli
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the March 25, 2008 Regular Session of the Atascadero City Council
was posted on March 18, 2008 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 18th day of March, 2008 at Atascadero, California.
t �
Victoria Randall, Deputy City Clerk
City of Atascadero
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
v4wne 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 Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, 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 video taped
and audio 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 lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name and address (not required)
w 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. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also 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 lectern 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
-Ilowed for Community Forum (unless changed by the Council).
5
ITEM NUMBER: A-1
DATE: 3/25/08
..Bill
.B i ■I 1 ■
1915 ,e CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 12, 2008 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:00 p.m. and Terren Harrington, Santa
Rosa School 4th Grader, led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor
Brennler
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Public Works Director Steve Kahn, Police Chief Jim
Mulhall, Fire Captain Scott Hallett, Deputy Public Works Director
Geoff English, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Beraud and seconded by Council Member
Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
CC Draft Minutes 02/12/08
Page 1 of 10 - 6
PRESENTATIONS:
1. Presentation of Employee Service Awards
None
2. Recognition of Former Parks and Recreation Commissioner,
Rick Mathews
Mayor Brennler recognized the contributions of Former Commissioner Rick Mathews,
and presented him with a plaque for his service.
County Supervisor Jim Patterson spoke about Mr. Mathews' service on the County
Parks and Recreation Commission, and stated he has done a tremendous job for the
County of San Luis Obispo.
Rick Mathews thanked Council Member Luna for his encouragement and support over
the years. He spoke about serving on the Parks and Recreation Commission and
recognized several individuals who have been an inspiration to him.
A. CONSENT CALENDAR:
1. 'City Council Meeting Minutes —January 8, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of January 8, 2008. [City Clerk]
2. September 2007 Investment Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for
September 2007. [City Treasurer]
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-1 and 2.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. City Council Agenda Format
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading by title only the Draft
Ordinance, amending Title 2, Chapter 1 of the Atascadero Municipal Code
(AMC) relating to Council Procedure. [City Manager]
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Assistant to the City Manager Marcia Torgerson gave the staff report and, with City
Attorney Brian Pierik, answered questions of Council.
PUBLIC COMMENT
Eric Greening stated his support for the earlier start time and for scheduling the
Community Forum period earlier in the meeting. He suggested a procedure for
organizing the speakers and spoke against limiting the collective speaking time.
Joan O'Keefe made a distinction between spokespersons for organizations versus
those for a group of people in the audience. She stated a person speaking for a group
present in the audience should be given the opportunity to speak for a longer period of
time.
David Broadwater stated he supported placing the Community Forum period at the
beginning of the meeting and limiting speaker time to three minutes, but was opposed to
limiting that period to 30 minutes. He suggested Council limit their post Community
Forum comments.
Mike Jackson commented that free speech is the cornerstone of this country and
cautioned the Council to tread lightly when addressing this item.
Mayor Brennler closed the Public Comment period.
Mayor Pro Tem Beraud suggested repealing Section 2-1.14 (time limits) from the
ordinance to have more flexibility, and place that item in the policy.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to introduce for first reading by title only the
Draft Ordinance, amending Title 2, Chapter 1 of the Atascadero
Municipal Code (AMC) relating to Council Procedure.
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
There was further Council discussion regarding the 30 minute time limit for the
Community Forum period.
There was Council consensus for staff to come back with alternative language for
a policy regarding the length of the Community Forum period and use of speaker
cards,
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8
C. MANAGEMENT REPORTS:
1. Update on Printery and Community Center
■ Description: This update will include current programs and activities,
FEMA funding, and site conditions.
■ Fiscal Impact: None.
■ Recommendation: Council receive and file report.
Administrative Services Director Rachelle Rickard and Assistant City Manager Jim
Lewis gave the staff report and answered questions of Council.
PUBLIC COMMENT— None
2. City Appeal of Federal Emergency Management Agency (FEMA)
Funding — City Administration Building
■ Fiscal Impact: The City is requesting $10,002,696 in new funding from
FEMA and is requesting the reclassification of $9,106,080 from Hazard
Mitigation Funding to Repair Funding.
■ Recommendation: Council approve the First Level Appeal of PW 229-1
(Atascadero City Hall) submitted to the Office of Emergency Services
(OES) on February 1, 2008. [City Manager
Administrative Services Director Rachelle Rickard gave the staff report and answered `'"
questions of Council.
PUBLIC COMMENT
Mike Zappas stated many citizens are frustrated that City Hall is still in shambles, and
asked if it would be possible to use some of the money to get started. He also inquired
if the variables of increased cost of materials and slow down in construction have been
taken into consideration.
Len Colamarino asked if FEMA would release the money that it has already approved
so the project can get started, and commented that City Hall is a signature building in
town that currently looks abandoned.
Eric Greening asked if the appeal of the settlement issue must be resolved prior to
determining what construction will be needed to make the building safe.
Mayor Brennler closed the Public Comment period.
Administrative Services Director Rickard and Brent Nettle, project structural engineer,
addressed questions raised during the Public Comment period.
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MOTION: By Council Member O'Malley and seconded by Council
**mow Member Luna to approve the First Level Appeal of PW 229-1
(Atascadero City Hall) submitted to the Office of Emergency
Services (OES) on February 1, 2008.
Motion passed 5:0 by a roll-call vote.
Mayor Brennler recessed the hearing at 9:21 p.m.
Mayor Brennler called the meeting back to order at 9:37 p.m.
3. Atascadero Road Program
■ Description: An update report on the Atascadero Road Program.
• Fiscal Impact: If Council directs staff to include bike and pedestrian
access or emergency access routes, other funded road projects would
have to be eliminated.
■ Recommendations: Council:
1. Receive report on the Atascadero Road Program; and,
2. Direct staff to proceed on the design for the Del Rio Road and San
Jacinto Ave Road Rehabilitation Projects without increased width for
bicycles and pedestrians due to cost constraints; and,
3. Provide staff direction on emergency access route projects and
funding. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Sybil Millbury spoke about the bridge on Llano Road that is closed to the public and
which is the only way out of that area if the primary road is blocked. Mrs. Millbury
requested that the barricade be taken down to allow access in emergencies.
Eric Greening stated that money derived from driver-specific sources should be spent
on roads, but funds from non-driver specific revenue should be used for multi modal,
and suggested that prior to taking action to discard the bicycle and pedestrian features
for Del Rio and San Jacinto, Council members should bicycle and then walk the specific
stretches of those roads.
Elaine Wolf explained that Balboa Road is not passable, especially after the recent
rains, and stated that the residents don't want a paved road, but one that is passable for
emergencies.
Mayor Brennler closed the Public Comment period.
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10
Council Member Luna commented that costs are so high because the emergency roads
are listed as city standard roads. He would like the numbers redone on the basis of
emergency access roads, not roads constructed as city standard roads.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to Direct staff to proceed on the design for the
Del Rio Road and San Jacinto Ave Road Rehabilitation
Projects without increased width for bicycles and pedestrians
due to cost constraints; and, to fully fund the top priority of
$70,000 for Balboa Road out of existing road funds; and, to
come back with a new version of the emergency list scaled
back to emergency access standards only; and, that the
Finance Committee look at other funding options.
Motion passed 5:0 by a roll-call vote.
4. Atascadero Trail Proiect
■ Fiscal Impact: The public process, design, right-of-way and construction
of this project could cost the City an estimated additional $200,000.00.
Acceptance of this project would require the elimination of a budgeted
project.
■ Recommendation: Council provide staff direction on the acceptance of
the Atascadero Trail Project Grant [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
Dana Braselton, State of California Resources Agency, thanked the city for considering
taking this project from the Resource Conservation District (RCD) and stated the
Agency supports BCD's decision to relinquish the grant. Ms. Braselton answered
questions of Council.
Chuck Pritchard, President of RCD, explained why the RCD must relinquish the grant
and no longer be the lead agency, and why they would like to turn it over to the city. Mr.
Pritchard answered questions of Council.
DJ Funk, Executive Director Upper Salinas Las Tablas RCD, answered questions of
Council.
CC Draft Minutes 02/12/08
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7�
Supervisor Jim Patterson encouraged the Council to embrace this opportunity and take
Awl on this project as this opportunity for Prop 40 funds will never come again.
Chuck Pritchard spoke about attracting people to the downtown area by completing this
portion of the trail.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to accept the responsibility of becoming the
lead agency and direct the Finance Committee to look at
options to either reduce the project or find another revenue
source.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Constantino Santos spoke about the length of meetings and suggested that the Council
should reduce the amount of discussion they participate in.
Lee Perkins referred to the new proposal submitted by Wal Mart and discussed
problems that could arise from this new proposal. Ms. Perkins also spoke about
keeping future drive-throughs out of the downtown, and requested an ordinance to limit
retail businesses that are open 24 hours a day and adjacent to residential areas.
Tom Comar asked someone from staff to explain how a resident can get something on
the agenda. He spoke against the grocery component included in a supercenter and
explained the negative impacts to the city from that component. Mr. Comar also spoke
about the Shield Initiative.
David Broadwater asked about the procedure for allowing a citizen to get something on
a Council agenda. He also quoted from a 2006 study regarding the negative impacts of
a super Wal Mart on local businesses.
Mayor Brennler closed the Community Forum period.
City Manager Wade McKinney explained the options available to citizens who would like
to have an issue placed on a Council agenda;
1. A citizen may ask a Council Member to place their issue on the agenda under
Council Announcements and Reports, or
2. A citizen may request during Community Forum that the Council place their issue on
a future agenda, and a majority of the Council may direct staff to do so.
Mayor Brennler recessed the hearing at 11:56 p.m.
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12
Mayor Brennler called the meeting back to order at 12;05 a.m.
*400
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Mayor Brennler
a. Motion to Reconsider Council action - January 22, 2008
#C-1: Economic Development Strategy Consultant Selection
Mayor Brennler explained his reasons for requesting the reconsideration.
MOTION: By Mayor Brennler and seconded by Mayor Pro Tem Beraud to
reconsider Council action - January 22, 2008 #C-1: Economic
Development Strategy Consultant Selection.
Motion passed 3.2 by a roll-call vote. (Clay, O'Malley opposed)
b. Economic Development Strategy Consultant Selection
■ Fiscal Impact: Depending on the level of public outreach and input, the
cost of developing the strategy will range from $90,000-$120,000.
Related support costs and costs for the public process are estimated to be
$20,000. Additionally, the cost for the "Just Listening...Summit on
Downtown," (which Council authorized staff to conduct in February, 2008)
will be approximately $10,000, for an estimated total of $150,000.
In June, the Council budgeted $110,000 for economic studies. Of that
amount, $7,000 was spent on "Just Listening...Thoughts on Economic
Development," and $14,500 has been allocated to tourism studies, leaving
a balance of $88,500. To fund the full study and related activities, an
additional $61,500 is needed. Funding is available in Redevelopment
Fund Reserves. If the Council approves moving forward with the study
and related public outreach activities, staff will return to the
Redevelopment Agency to request appropriation of these additional funds.
■ Recommendation: Council authorize the City Manager to execute a
contract with Applied Development Economics of Walnut Creek,
California, to serve as the City's economic development consultant to
update the City's Economic Development Strategy. [City Manager]
Doug Svensson, Applied Development Economics, clarified that they are able to make
the timetable as proposed and answered questions of Council.
City Manager Wade McKinney answered questions of Council.
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13
PUBLIC COMMENT
Len Colamarino stated this was a waste of the taxpayers' money, there have been
many studies regarding economic development done already, and the city doesn't have
to spend $150,000 to find a strategy. He suggested the Council must lead not just
deliberate.
Nora Trentacosta indicated there should be no conflicts of interest in this issue, she was
not comfortable with a 9 month time frame, and wanted more than one consultant
presented to the public for consideration.
Ron Rothman spoke about the concept of the General Plan for a neighborhood center
versus a super center, and stated it was important to adhere to the General Plan as
many had input into that.
Lee Perkins applauded Mayor Brennler for the position he has taken on this issue, and
stated it was more important for the study to be done right rather than setting an artificial
time line.
Richard Smith commented that the community must pull together and it was important
to have a truly independent consultant with no indication of impropriety.
Mary Arnold said that staff did as they were instructed in an exemplary way, and she
believes they thoroughly researched the consultants and provided good information.
She encouraged Council to move forward and reaffirm the past decision to have an
actionable plan.
David Broadwater spoke in favor of hiring an economic consultant but supports the
Mayor's decision to rescind and allow the public to hear from the other finalists. He
distributed a handout regarding ADE. (Exhibit A)
Barbie Butz explained that the Atascadero Performing Arts Committee did a feasibility
study that should be included in the information gathered. She remarked that the four
proposals were available to the public and was concerned about the hours of work that
have already been put into this by a competent staff.
Tom Comar stated he supported the reconsideration, that ADE's background raises
concerns, and that the public cannot have confidence without seeing the other finalists.
Mayor Brennler closed the Public Comment period.
Council Comments:
Council Member Clay stated that people seem to be afraid of the results, and maybe
this should be put off until after November, allowing a new Council to make the decision.
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14
Mayor Brennler indicated he wants absolute objectivity and does not want to politicize
something so important to the town.
Council Member Luna stated he had a problem with not getting the community to buy
into a long term vision for economic development, which is a must.
Mayor Pro Tem Beraud said she could hear the frustration, but this is not another study
it is a strategy to tie all the other studies together.
Council Member O'Malley stated he is unable to support doing one more study that this
Council would fail to act on.
MOTION: By Mayor Brennler and seconded by Mayor Pro Tem Beraud to
rescind the selection of ADE as the consultant to update the
city's economic development strategy, return the selection
process of the four consulting firm finalists, specifically Civic
Economics TIP, Chaven Concepts, Applied Development
Economics and PMC, to the Council for process whereby each
firm is given the opportunity for a presentation, one hour or
less before the Council, and that the public and the Council is
provided an opportunity to review a couple of examples of
each firm's previous work product, such as a big box retail
impacts study, an economic development strategy, or a
downtown revitalization plan.
Motion passed 3:2 by a roll-call vote. (O'Malley, Clay opposed)
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adjourn the meeting.
Motion passed 5:0 by a roll-call vote.
ADJOURNMENT:
Mayor Brennler adjourned the meeting at 1:34 a.m. to the next regularly scheduled
meeting of the City Council on February 26, 2008.
MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A—David Broadwater, handout
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ITEM NUMBER: A-2
DATE: 3/25/08
1918 ■ 19 8
d ,
Atascadero City Council
Staff Report - Public Works Department
Atascadero Lake Park
Parking Lot Rehabilitation Project Award
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute an agreement with Michael Frederick
Paving in the amount of $104,327.43 for the Atascadero Lake Park Parking Lot
Rehabilitation project; and,
2. Authorize the Administrative Services Director to move the appropriation of
$100,000.00 in construction funds from Fiscal Year 2008-2009 to Fiscal Year
2007-2008.
DISCUSSION:
Background: The parking lots for the Atascadero Lake Park are in need of maintenance
and repair. This project will repair damaged asphalt, replace deteriorated asphalt berms,
slurry seal asphalt surfaces and restripe the parking lots by the Pavilion and Zoo. This
project will also replace some of the deteriorated wooden vehicle barriers and complete
some additional minor improvements.
The construction funding is being moved from Fiscal Year 2008-2009 to Fiscal Year
2007-2008 to allow for the completion of this project before the busy summer season at
Atascadero Lake Park.
Analysis: The project was advertised from January 28, 2008 through February 19,
2008. Seven bids were received and reviewed for accuracy and compliance with the
City of Atascadero bidding requirements. The responsible low bidder was Michael
Frederick Paving with a bid of $104,327.43. The bid summary is attached to this staff
' report.
16
Conclusion: Staff recommends that the City Council execute an agreement with
Michael Frederick Paving in the amount of $104,327.43 for the Atascadero Lake Park
Parking Lot Rehabilitation project; and authorize the Administrative Services Director to
re-appropriate construction funds from Fiscal Year 2008-2009 to Fiscal Year 2007-
2008.
FISCAL IMPACT:
EXPENDITURES
Design $5,000
Construction $104,400
Inspection /Testing / Construction Administration $5,200
Contingency 10% $10,400
Total Estimated Expenditure: $125,000
REVENUES
Budgeted Project Funds $125,000
Total Revenues: $125,000
The City has the funds available to move up the completion and award date of the
project. Since the project was originally slated to be completed early in the summer of
2008, there is a slight cost to the City due to the loss of 3 months interest on the
$100,000.00.
ALTERNATIVE:
1. Do not award the contract. Provide alternate direction to staff.
ATTACHMENT:
Bid Summary
17
CITY OF ATASCADERO
PUBLIC WORKS DEPARTMENT
y918 0 1978
6907 EL CAMINO REAL ATASCADERO, CA 93422
Telephone(805)470-3180* Fax(805)470-3181
ALP PARKING LOT REHAB BID OPENING
February 19, 2008 2:30 P.M.
CONTRACTOR BID PRICE
Michael Frederick Paving
Atascadero, CA $104,327.43
R. Simons Co., Inc.
Ni omo, CA $1271561.00
Viborg Sand & Gravel Inc.
Paso Robles, CA $129,866.00
Wysong Construction Co.
Atascadero, CA $130,636.90
John Madonna
San Luis Obispo, CA $1359425.70
Raminha Construction, Inc.
Atascadero, CA $144,128.00
R. Burke Corporation
San Luis Obispo, CA $1529726.10
18
19
ITEM NUMBER: B-1
DATE: 03/25/08
rias ■ 1ae
Atascadero City Council
Staff Report - City Attorney
Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero
Municipal Code Pertaining to Attorneys' l=ees
(Ordinance, if adopted, would allow the "prevailing party"to recover
attorneys' fees in civil and administrative nuisance abatement actions)
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance amending Section
12-1 .06 and adding Section 12-1.08 of Title 12, Chapter 1 of the Atascadero Municipal
Code pertaining to attorneys' fees.
DISCUSSION:
Government Code section 38773.5(b) states: "A city may, by ordinance, provide for the
recovery of attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys'
fees, it shall provide for recovery of attorneys' fees by the prevailing party, rather than
limiting recovery of attorneys' fees to the city if it prevails." Thus, for a city to recover
attorneys' fees in nuisance cases, the municipal code must state expressly that a
"prevailing party" can receive attorneys' fees in administrative abatement proceedings
and nuisance abatement actions. The Court of Appeal confirmed this interpretation
recently in City of Monte Sereno v. Padgett(2007) 149 Cal. App. 4th 1530, 1536.
Municipal Code section 12-1.06 currently allows the City to recover attorneys' fees in a
civil action, but does not expressly allow a "prevailing party" to recover attorneys' fees.
The Municipal Code is silent regarding the recovery of attorneys' fees in administrative
proceedings and special proceedings to abate public nuisances. The purpose of this
ordinance is to amend section 12-1.06 and add section 12-1.08 to state that a
"prevailing party" can recover attorneys' fees in civil and administrative nuisance
abatement actions and to ensure that the Municipal Code is consistent with
Government Code section 38773.5 and the Padgett holding. The City would likely be
20
unable to recover attorneys' fees in a nuisance abatement action under the Municipal
Code's existing provisions.
FISCAL IMPACT:
The ordinance would allow the City to recover its attorneys' fees if it is the prevailing
party in a nuisance abatement action. The exact fiscal impact cannot be determined in
advance of a particular nuisance abatement action.
ALTERNATIVES:
1. Submit and introduce an amended version of the proposed ordinance.
2. Take no action.
ATTACHMENT:
Draft Ordinance
21
DRAFT ORDINANCE
r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,AMENDING SECTION 12-1.06 AND
ADDING SECTION 12-1.08 OF TITLE 12, CHAPTER 1 OF THE
ATASCADERO MUNICIPAL CODE PERTAINING TO
ATTORNEYS' FEES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to
enact and enforce ordinances that regulate conditions which may be public nuisances or health
hazards, or that promote social, economic or aesthetic considerations; and,
WHEREAS, California Government Code section 38773.5 authorizes cities to pass
ordinances that provide for the recovery of attorneys' fees in any action, administrative
proceeding, or special proceeding to abate a nuisance; and,
WHEREAS, California Government Code section 38773.5 requires that any such
municipal ordinance provide for the recovery of attorneys' fees by the prevailing party; and,
WHEREAS, the Atascadero Municipal Code does not expressly use the term "prevailing
party" in providing for attorneys' fees in civil nuisance abatement actions and is silent regarding
attorneys' fees in administrative and special proceedings to abate public nuisances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and
finds that this amendment and addition to the Municipal Code are necessary to ensure that the
Municipal Code complies with Government Code section 38773.5 when providing for the
recovery of attorneys' fees in nuisance abatement actions.
SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends Title
12, Chapter 1 of the Municipal Code as follows:
Section 12-1.06 of the Atascadero Municipal Code is amended to read as follows:
Section 12-1.06 Civil action.
The City Attorney, by and at the request of the City Council or City staff, may institute
an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Code, as provided by law. In
any civil action commenced by the City to abate a public nuisance, to enjoin violation of
any provision of this Code, or to collect a civil debt owing to the City, the City shall be
entitled to recover from the defendant in any such action all costs incurred therein,
including reasonable attorneys' fees and costs of suit, subject to section 12-1.08 of this
Code.
22
Section 12-1.08 of the Atascadero Municipal Code is added to read as follows:
Section 12-1.08 Attorneys' fees.
In any action, administrative proceeding, or special proceeding brought to abate a public
nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that
attorneys' fees will only be available in those actions or proceedings in which the City has
provided notice at the commencement of such action or proceeding that it intends to seek
and recover its own attorneys' fees. In no action or proceeding will an award of attorneys'
fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or
proceeding.
SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) 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 copy of the
full text of this ordinance must be on file in the City Clerk's Office on and after the date
following introduction and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
23
ITEM NUMBER: C-1
DATE: 03/25/08
n
1918 ■ 1979
A h.
Atascadero City Council
Staff Report - City Manager's Office
Downtown Forum Report and Next Steps
RECOMMENDATIONS:
Council:
1. Receive and file results from the Downtown Forum; and,
2. Direct staff to proceed with recommended action plans.
DISCUSSION:
In response to concerns about the future of downtown and the short-term closure of the
Carlton restaurant in January, the City Council directed staff to immediately host a
meeting with property and business owners and other interested community members
to discuss the downtown's future. Staff worked with the Chamber of Commerce and
Main Street to brainstorm what became the "Downtown Forum." The Forum was held
on the morning of February 14, 2008 in the City Council Chambers. Notices were sent
to all business and property owners in the downtown area, information was placed on
the City's website and advertising was published in the Atascadero News. The Forum
was attended by approximately 40 members of the public. Attendance included
participation from the Chamber of Commerce, Main Street members, business owners,
property owners, and interested residents.
The Forum began with comments from Mayor Mike Brennler and Council Member Jerry
Clay. Following a presentation from staff regarding projects and opportunities in the
downtown area, participants broke up into discussion groups and were provided with
five questions to consider:
1. What are the downtown's current strengths? In other words, what is great about
the downtown area?
2. What are the downtown's current weaknesses? In other words, what needs to
be improved upon in the downtown area?
24
3. What are the downtown's current opportunities for improvement? In other words,
what does the downtown area have going for it that we as a community could
capitalize on?
4. What are the current threats to the downtown being more successful? In other
words, what is challenging the downtown's ability to be successful?
5. Do you have any ideas or suggestions that could immediately improve the
downtown in the next 90 days?
Each table reported on their answers in front of the group and all answers were posted
on the walls of the Council Chambers. At the conclusion of the workshop, participants
were encouraged to vote on their preferences regarding the suggestions to immediately
improve the downtown. Attachment A provides a summary of responses to all five
questions and the results of the voting.
While several of the suggestions made by attendees received votes, there were a few
major themes that arose. These included:
Increasing Communication: Establishing a committee or identifying a "downtown
ambassador' to go to businesses to listen to needs/concerns; getting business
owners/City/Chamber of Commerce/Main Street together for a forum; holding a seminar
on what it takes to open a business in Atascadero (process, permits, timeline, etc);
creating awareness on roles of groups (Chamber, City, Main Street) and owners;
gathering more community input.
Utilizing Main Street: Increasing Main Street's funding and support; getting "buy-in" of
business owners for participation with Main Street in promoting their businesses and the
downtown area.
Appearance. Stricter code enforcement of illegal signs, creation of a downtown events
fund to encourage more special events, cleaning-up downtown area including private
property with the help of owners and interested persons/groups, installing
historical/directional signage, improving downtown banners, planting additional trees
and landscaping.
Creating Incentives. Establish a "Toolbox" of incentives from City — some time
sensitive. [This statement could possibly mean creating opportunities for the City to
assist businesses in their opening or improving their specific space, or creating other
incentives to locate businesses downtown.]
Some of the ideas listed above such as creating the opportunity for additional dialogue
with property and business owners could be achieved rather quickly while the concept
of establishing financial incentives provided by the City may take more time to study.
Staff is working to organize a joint meeting with the Main Street Board and the funding
issue will be reviewed at the mid-cycle budget review.
25
Nonetheless, there are a variety of immediate actions that Staff would recommend.
These include:
1 . Continue to work closely with Main Street;
2. Staff make contact with property and business owners to further evaluate
opportunities and investigate short term actions;
3. Expand the "Downtown is Open for Business" campaign associated with the
Highway 41/101 Interchange project;
4. Create an inventory of buildings and property available for rent, lease or sale;
5. Create an inventory of business uses in the downtown;
6. Provide pre-planning and building services for key downtown properties;
7. Continue implementation of the wayfinding campaign in downtown through the
streetscape program; and,
8. Hold a joint City Council/Main Street Board meeting.
FISCAL IMPACT:
There would be minor costs for signage and staff time, should the Council choose to
follow the recommended plans for follow-up on the Downtown Forum. These costs are
covered in the budget.
ATTACHMENT:
Exhibit A: Summary of Downtown Forum Community Input
26
Exhibit A
City of Atascadero
Just Listening....Downtown Forum
Strengths, Weaknesses, Opportunities & Threats
(S.W.O.T.) Analysis
February 14, 2008
Community Answers & Input
With a total of 34 in attendance + seven post-forum comment sheets received
= 41 community members offering input
1. What are the current Strengths of downtown? In other words, what is great about the
downtown area?
• Sunken Gardens
• Historic City Hall/Historic Core
• Carlton
• New Lewis Avenue Bridge
• Unique architecture/historic significance
• Stadium Park
• Atascadero Creek -100
• Increased number of events
• Strong community interest
• New Streetscape
• Longtime local business owners
• Easy access from freeway
• Family friendly/Pedestrian friendly/Pet friendly
• Investors
• Easy access to transit services
• Well maintained
• Vintage appeal
• Events
• Dedication of City Staff
• Good mix of uses
• Walkable
• Huge potential
• Central location
• Community attractor & Unifier
• Reasonable rent
• Good amount of current construction
• Parking
• Great opportunities for business locations (building vacancies)
• Support for downtown is growing/City& citizen commitment to downtown
27
• Potential for branding
• Potential for"green" business
• Government centered in the downtown
• Schools in close proximity, brings in potential shoppers
• Unique
• Charm/Character
• Open — Park like setting
• Weather
• Community Center
2. What are current Weaknesses of downtown? In other words, what needs to be improved
upon in the downtown area?
• Lack of obvious parking
• Store vacancies
• Poor mix of uses
• Limited business hours
• Lack of density & intensity
• Non-Retail 1 st floor
• No focused business plan or vision
• Lack of branding
• Numerous small properties
• No tourism amenities
• No downtown Ambassador
• Historic City Hall not repaired
• No parking limit enforcement
• Lack of store-front upkeep
• Highway 101 visibility not great
• No public restrooms
• Low property owner involvement
• Low business owner involvement
• Not enough restaurants
• Not enough vibrant business blend
• Not enough small/interesting business & events
• Lack of bandstand/central meeting point
• Visual challenges across from the Carlton
• Keeping downtown clean & attractive
• Limited business hours
• No entertainment
• Lack of youth events
• No swimming pool
• Landscaping around City Hall building
• Need nicer fencing around City Hall
• Highway 101/41 improvements (temporary)
• Traffic Way interchange
• Auto services
• No theater/entertainment
Lack of marketing
• No Post Office
28
• Negative perception
• Lack of essential services
• Several single story buildings—antiquated
• Non-retail around sunken gardens
• Lack of freeway signage
• Permitting process
• Zoning/parking requirements
• Special event signage
• Too much time & effort spent on building consensus. More action needed.
• Lack of business incentives to come to downtown
• Schools/student pedestrians/school traffic
• No sense of community
• Lack of economic strategy
• Lack of shoppers' foot traffic
• Bad press/negativity
• Lack of common theme/direction
• Merchant apathy
• Inexperience in retail sales
• Lack of trees
• Speed of traffic
• Lack of pride in signage/poor enforcement of sign ordinance
• Terrain/geography (hilly, elongated town)
• Council inaction, not listening to business owners
• Signs & blight. No enforcement of sign regulation.
• Numerous traffic lights, i.e. @ Vons & Albertson's shopping centers
3. What are the current Opportunities for downtown improvement? In other words, what does
the downtown area have going for it that we as a community could capitalize on?
• Willingness & desire of community, City, business owners, retail
• Mixed use
• New Revenue Sources—from Del Rio/Wal Mart—for improvements
• Create incentive zones
• Purchase lot across from Carlton for parking; Plan for multi level free parking
• Off-site parking/shuttle
• Relocate Jr. High school
• Community involvement: Youth participation, tree planting, parades, window
painting
• Develop Stadium Park as Major Attraction
• Transit Center
• Bring back essential services
• Promote infill development
• Enhance school facilities & events
• Repair & make good use of Printery building
• Build on culture, history, our story
• City-sponsored events
• Enhance Atascadero Creek/thin out trees & vegetation/develop view
• Add restaurants around Atascadero Creek & Sunken Gardens
• Increase public parking
29
• Review facade improvement program
• Capture momentum
• Low rent/great location
• Variety of attractions
• Shaded pedestrian areas
• Festivals
• Smaller event centers
• Increase the quality of downtown events
• Develop tourism
• Potential for restaurant growth
• Continue Streetscape
• Tie Colony Square with Sunken Gardens
• Repair the Rotunda/Historic City Hall building
• Wayfinding —common & appealing signage
• Creek Trails/pathways/historic walkway with business guide
• Actively recruit business to the downtown, create a full-color brochure for circulation
• Colony Square
• Del Rio site will increase travel to Atascadero
• Weather
• Hotels
• Tourism
• Buildings like the Moresco Plaza on Morro Road
• Transitioning Sunken Gardens district to retail & restaurants. Relocate doctors &
dentists to Morro Road.
• Bring in an Olive Garden or similar type restaurant to the downtown, & a small
shopping center in the middle of town that would include businesses similar to a
Barnes & Noble, Jamba Juice, Ice cream parlor, etc.
4. What are the current Threats to downtown being more successful? In other words, what is
challenging downtown's ability to be successful?
• Code enforcement—signage
• Lack of unifying elements
• Property owner apathy
• Expanding distant commercial corridor
• World Wide Web
• Del Rio site
• Wal-Mart
• Council inaction/indecision
• Divided community
• Vocal, non-business citizens
• Poor economy, locally/nationally
• Credit crisis
• Prolonged permit process
• Negative perception
• Negative press
• Unknown future of schools
• Financial instability
30
• Limited parking
• Lack of compromise
• Fear of change NVO
• Paso Robles
• Teens— hanging out— non productive
• Lack of public safety resources
• Lack of focus on downtown by public
• Lack of business incentives to stay in downtown
• Projects not moving forward
• Identified as a bedroom-community
• Not maintaining the jobs/housing/business balance
• Allowing development without adequate parking
• Too many small spaces, retail spaces not large enough to carry varied merchandise
• Current condition of available retail space
• Poor reputation
• Cost of living/young couples leaving town
• Mistrust/lack of faith in the future of downtown
• Lack of participation of downtown businesses in the downtown
• No cohesive involvement
• Business Owner lack of improvement and advertising for their business, then blame
the City when customers don't show up
• City Council— no vision or backbone. No enactment of zoning/rezoning to improve
business district around Sunken Gardens.
• Old businesses that are stagnant with nothing to offer to locals, let alone outside
shoppers
• Absolutely NO entertainment whatsoever
5. Do you have any Ideas or Suggestions that could immediately improve downtown in the
next 90 days?
#of
Votes Ranked by total #of"blue-dot votes"+ additional public input comments received post forum
16 Increase Main Street funding
12 Create Special Event Committee
11 Hold a summit: Business Owners, Property Owners, and Developers
10 Start Stadium Park Master Plan
10 Toolbox of incentives from City— some time sensitive
9 Plant trees
9 Create Major Entertainment Event in the Sunken Gardens
8 Establish a committee or identify a Downtown Ambassador to go business to business to
listen to needs/concerns, and bring them all together
6 Create incentives
4 Improve signage & banners/downtown signage: parking, historical plaques, Wayfinding,
& directional
3 Get buy-in of business owners for participation
2 Streamline permit process
2 Hwy 101 billboard advertising
2 More vocal support/continual financial support of Main Street Association
31
2 Community Spirit Campaign — unify community
2 Parking enforcement
2 Create a process to get business owners/City/Chamber/Main Street together
2 Get more community input
1 Create a dialogue with business-property owners
1 Repair sidewalks
1 Additional landscaping on side streets
1 Code enforcement. Go door to door & eliminate illegal signage on the spot.
1 Downtown events fund ($1 m RDA investment— use the interest)
1 Identify transit center site
1 Improve optimism surrounding Colony Square project with visual proof of progress
1 Maintenance overview
1 Capitalize on what's working now
1 Business Owners pull weeds, power wash their buildings, wash the windows, plant some
flowers, order& install new signs if needed
1 Put up "visit Historic Atascadero" billboards on Highway 101.
1 Create awareness of who can do what (Chamber, City, Main Street, etc.)
1 Clean it up!
1 Orchestrate a downtown-area, regularly scheduled, cleanup with the help of various
youth groups (Grizzly Academy, Community Link, Church youth groups, Boy& Girl
Scouts, Schools, etc.), Recruit business owners as well — bring their kids into it
1 Hold a seminar on opening a business in Atascadero (process, permits, timeline, etc)
1 Communication
32
33
ITEM NUMBER: C-2
DATE: 03/25/08
W WW W W
n
1 19 8 W
1979,
a ,.
Atascadero City Council
Staff Report - City Manager
Update on Broadcasting Council Meetings
and AGP Contract
RECOMMENDATIONS:
Council:
1. Receive and file update on PEG Fees and participation of Charter Cable in
supporting public, educational and government access channels; and,
2. Authorize the City Manager to enter into a one-year agreement with AGP Video,
Inc., of Morro Bay, California, for broadcasting City Council and Planning
Commission meetings, with an estimated annual cost of $53,000.00.
DISCUSSION:
In January 2007, the City Council directed staff to broadcast City Council meetings and
look into the possible implementation of a Public Education Government (PEG) fee to
cover the costs of such broadcasts. Under certain franchise agreements between cities
and cable companies PEG fees of up to 1% may be passed onto cable subscribers to
assist in funding operations and costs related to the PEG channels. Over the past year,
staff and the City Attorney have been reviewing the franchise agreement between
Charter Communications and the City of Atascadero and applicable state and federal
laws. Based on the review and findings of the City Attorney, it appears that
implementing a Public Education Government (PEG) fee of up to 1% on cable
subscriptions is not an option under our current agreement.
If the Council chose to pursue implementation of a PEG fee, the only remaining option
would be to adopt the new state franchise agreement now available to cities. Because
this franchise is new and its ramifications are uncertain, and because the City would be
ceding local control currently provided under the existing franchise agreement, this is
not a recommended option at this time. Staff is now researching partnership
34
opportunities with Charter Communications to purchase recording and broadcasting
equipment for the Council Chambers.
The purpose of enacting a PEG fee was to generate revenue to purchase and maintain
recording and broadcasting equipment in the Council Chamber. Owning the equipment
would allow greater flexibility for recording meetings and other events, it would save
money over the long run from renting such equipment, and it would provide increased
competition for selecting video broadcast operators. AGP is currently the only company
in the area able to set up and operate cameras in City Hall.
If the City chose to stay with AGP as the operator over the long term, a savings of
approximately $14,000 annually could be achieved by installing the cameras, as the
charge for the rental and setup of cameras would be eliminated. Alternatively, City
owned cameras and equipment could allow options to use City staff, Cuesta or Cal Poly
college interns, volunteers or other private companies to operate the system.
For the past several months staff has been negotiating with Charter Communications to
see if a partnership could be established whereby the City could increase its use of
Charter Communications services, and Charter in the interest of being a community
partner would provide funding to purchase some or all of the equipment outright.
Charter has obtained a bid for a complete video system totaling $33,660.00. Based on
staff estimates, the necessary video system ranges from $30,000 to $45,000 depending
on the options desired and the quality of equipment purchased. At this point in time,
funding is not available in the budget to purchase such a system.
Charter has submitted several options to the City that could result in Charter paying for
all or a portion of the total broadcasting video equipment package. Staff is researching
these options to see if a mutually beneficial agreement can be reached. To date, some
of the options being presented by Charter, such as expanding and completing the City's
fiber-based institutional network, require expensive investment by the City and wouldn't
be worth the return on investment. Charter has not responded favorably to the
suggestion of granting these services to the City in an effort to enhance the public's
access to government.
Staff is in frequent communication with Charter executives and is examining each of the
alternatives offered by Charter Communications to understand the financial and
operational benefits. Staff will continue negotiations with Charter over the coming
weeks. If a partnership can be reached and it appears there will be sufficient funding
generated to move ahead with an in-house system, staff will provide an update to the
City Council.
In light of the fact that the City continues to negotiate a potential partnership agreement
with Charter to obtain in-house video broadcasting equipment, and the current
agreement with AGP Video expires on March 31 , 2008, staff is requesting that Council
authorize a new one-year agreement (Attachment A) with AGP Video, Inc., through
April 1, 2009. The cost of the agreement is expected to be approximately $53,000.
This amount includes an additional $5,000 to cover the cost of the meetings running
35
over the 3.5 hours covered in the agreement and an additional $3,000 for costs related
to internet streaming and archiving. AGP is increasing costs December 1, 2008, for this
service by $750 per month. Funding is available in the 2007-09 budget for this cost.
Enacting the agreement will allow staff and Council enough time to reach an agreement
with Charter and obtain and install the in-house video equipment; reach a decision
regarding a permanent camera operator; and if an RFP is issued and proposals are
accepted, to have time to review those bids for recommendation, and prepare an
agreement with a new provider.
FISCAL IMPACT:
Cost for the one-year agreement is estimated at $53,000.00.
ALTERNATIVES:
1 . Go out to bid immediately for a camera operator
2. Purchase cameras and determine method for operation
3. Request more information from staff
`401 ATTACHMENT:
Draft contract with AGP
36
CITY OF ATASCADERO
el . .
a
ArASCAnERt►j%
CONTRACT FOR
AGP Video, Inc.
for
BROADCASTING AND CABLE CHANNEL MANAGEMENT SERVICES
37
x
1918 1979
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
AGP Video, Inc.
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and AGP Video, Inc. ("Contractor"). City and Contractor agree
awas follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City. All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
rev 5/1/06 1
792119.3
38
City of Atascadero
AGP Video, Inc.
B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than April 1, 2009, unless extended by the mutual agreement
of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
rev 5/1/06 2
792119.3
39
City of Atascadero
AGP Video, Inc. � . ..
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Contractor may have covering and/or with is
employees.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
Abe assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Contractor shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
%fte
rev 5/1/06 3
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40
City of Atascadero
AGP Video, Inc.
i
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Contractor will be allowed to retain copies of all deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 5/1/06 4
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City of Atascadero
AGP Video, Inc. _
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
C. COOPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Contractor each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to discovery requests provided by
Contractor or City. However, City and Contractor's right to review any such response does not
imply or mean the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Contractor in providing these services are the property of Contractor and shall
remain the property of Contractor upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
rev 5/1/06 5
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City of Atascadero
AGP Video, Inc.
12, COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. In the event it is determined that the Contractor is required
to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors.
rev 5/1/06 6
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City of Atascadero
AGP Video, Inc. _
*aw,16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of
Contractor, willful misconduct, or recklessness of its officers, agents, employees or
subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in
the performance of professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Contractor or by any individual or entity for which contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of this agreement. In the event contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.
17. INSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this
agreement.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
*,rrrecords of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
rev 5/1/06 7
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City of Atascadero
AGP Video, Inc.
•f
shall be clearly identified and readily accessible and in a form acceptable to the
City, which the City may specify and change from time to time. Contractor shall provide free
access to the representatives of City or its designees, at reasonable times, to such books and
records, shall give City the right to examine and audit said books and records, shall permit City
to make transcripts therefrom as necessary, and shall allow inspection of all work, data,
documents, proceedings, and activities related to this Contract. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of final
payment.
19. MISCELLANEOUS PROVISIONS;
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose ,
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Contractor by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Contractor nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect °
to this Contract, except those contained in or referred to in this Contract and this Contract
rev 5/1/06 8
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City of Atascadero
AGP Video, Inc.
Ti •
• �EBUA .�
supersedes all prior understandings, agreements, courses of conduct, prior
dealings among the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and
to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
*Owe J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6907 EI Camino Real
Atascadero, CA 93422
Contractor AGP Video, Inc.
Steve Mathiu, CEO
1600 Preston Lane
Morro Bay, CA 93442
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent that they have the authority to execute this Contract on
w,behalf of their agency and further warrant and represent that they have the authority to bind
Contractor to the performance of its obligations hereunder.
rev 5/1/06 9
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46
City of Atascadero
AG P Video, Inc.
AGREED to this day of , 2008 by the parties as follows.
Approved as to form: AGP VIDEO, INC.
By:
Counsel for contractor Steve Mathieu, CEO
Approved as to form: CITY OF ATASCADERO
By: By:
Brian Pierik, City Attorney Wade G. McKinney, City Manager
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City of Atascadero
AGP Video, Inc. -
iii
NOW
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Steve Mathiu, CEO, AGP Video, Inc.
rev 5/1/06 1 1
792119.3
48
EXHIBIT A
Scope of Work
• Unless otherwise requested, set up video and production equipment at regularly
scheduled council and planning commission meetings and record and broadcast said
meetings from the beginning to end of the meeting. Regularly scheduled council
meetings occur on the 2nd and 4t" Tuesdays of each month at 6:00 p.m. Regularly
scheduled planning commission meetings occur the 1St and 3rd Tuesdays of each month
at 6:30 p.m.
• Special meetings (meetings other than regular meetings) of the City Council or Planning
Commission may be broadcast at the discretion of the City Manager but will not
automatically be broadcast as part of this agreement. The City Manager will give AGP
Video, Inc. 48 hours notice if a decision is made to broadcast a special meeting.
• "Broadcast" shall include distributing the meeting live and as a recorded presentation
on cable systems, providing for live internet streaming, and supplying video archiving
services of past council meetings.
• Maintain all services necessary for cable broadcasting, recording, web-based video
archiving, and webcasting/internet streaming.
• Provide channel management and maintenance of the government television channel
including program scheduling, channel maintenance and support, and including
providing an interface with the cable company. Hardware costs associated with
Channel management and support will be borne by the City.
• Maintain and provide to the City a well-trained, attentive and conscientious staff to
operate live cameras and monitor broadcast quality when recording/broadcasting
council meetings.
• Provide a 24/7 response in the case an issue with the broadcasting/recording/video
streaming system arises.
Nwai
658615.1
DRAFT 06/4/01 4:33 PM A-1
49
EXHIBIT B
Compensation and Method of Payment
$750 will be charged per meeting. This fee covers set-up and 3.5 hours of meeting
time.
• For meetings in excess of 3.5 hours, a rate of $120 per hour will be charged, calculated
in 15-minute increments, rounded up.
$500 will be charged monthly for channel management and maintenance of the
government television channel. This includes internet streaming and archiving until
December 1, 2008.
• After December 1, 2008, an additional fee of $750 per month will be charged for internet
streaming and archiving of meetings, if the City has not purchased equipment by this
date.
• $30 will be charged monthly after December 1, 2008 for rental of special broadcasting
equipment provided by AGP if the City has not purchased such equipment previous to
this date.
*OW • Invoices shall be submitted monthly by the 15th of the month for services rendered in the
previous month. Payment shall be made within twenty (20) days after receipt of a
complete and accurate invoice.
*4011
rev 5/1/06 B-2
792119.3
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EXHIBIT C
Additional Provisions
1. While the City maintains ownership of all recordings, broadcasts, etc. AGP Video, Inc.
has permission to reproduce meetings on the City's behalf onto media at the request of
members of the public or the City.
NOW
rev 5/1/06 B_3
792119.3
51
EXHIBIT D
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for.
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder and the results of that work by the Contractor, his agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any
auto)
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance (for lessees with employees).
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. Automobile Liability $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
rev 5/1/06 B-4
792119.3
52
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the
contractor; and with respect toliability arising out of work or operations performed by on on
behalf of the Contractor including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85)
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be
excess of the Contractor'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 by either party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
4. Coverage shall not extend to any indeminity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or on
other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received and approved by the City before work commences. The
City 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.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
rev 5/1/06 B_5
792119.3
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