HomeMy WebLinkAboutAgenda Packet 041310 ARCHIVE COPY
CITY CLERK
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CITY COUNCIL
AGENDA
Tuesday, April 13, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session- 5:00 P.M
City Council Regular Session 6 00 P M
CITY COUNCIL CLOSED SESSION 5 00 P M.
1 PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec. 54957 6)
Agency designated representatives Wade McKinney, City Manager
Employee Organizations. Atascadero Firefighters Bargaining Unit;
Atascadero Police Association, Service Employees International Union,
Local 620; Mid-Management/Professional Employees, Non-Represented
Professional and Management Workers and Confidential Employees
3. ADJOURN
CLOSED SESSION REPORT
1
CITY COUNCIL REGULAR SESSION 6.00 P M.
PLEDGE OF ALLEGIANCE Council Member Kelley
ROLL CALL. Mayor Fonzi
Mayor Pro Tem O'Malley
Council Member Beraud
Council Member Clay
Council Member Kelley
APPROVAL OF AGENDA. Roll Call
PRESENTATION
1 Recognition of Greg Hind of the Hind Foundation for a $37,500 gift to the
Zoo
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 DRAFT MINUTES Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting )
1 City Council Meeting Draft Minutes — March 9. 2010
■ Recommendation. Council approve the Draft Meeting Minutes of March
9, 2010 [City Clerk]
2. City Council Special Joint Meeting Draft Minutes — March 11, 2010
■ Recommendation. Council approve the Draft Special Joint Meeting
Minutes of March 11, 2010 [City Clerk]
3. February 2010 Accounts Payable and Payroll
■ Fiscal Impact: $1,999,34511
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2010 [Administrative
Services]
2
4. Second Readina of Draft Ordinance to Prohibit Medical Marijuana
Facilities
■ Fiscal Impact: None
■ Recommendation. Council adopt on second reading, by title only, the
draft Ordinance amending Chapter 13 of Title 5, and repealing
subsection (s) of section 9-3.233, conditional uses, of the Atascadero
Municipal Code, to prohibit medical marijuana facilities [City Attorney]
5. Proposed Charles Paddock Memorial Statue
■ Fiscal Impact: The project will be funded through community donations.
Maintenance costs are to be determined by input from the artist.
■ Recommendation. The Parks and Recreation Commission recommends
Council approve the proposed Memorial statue, in honor of the late
Charles Paddock, to be located in the new entry plaza of the Zoo
[Community Services]
6. Supplemental Law Enforcement Services Fund
■ Fiscal Impact: The City will receive the $100,000 grant of SLESF
restricted funds and will utilize it for frontline police services.
■ Recommendations. Council
1 Designate and approve spending plan for $100,000 of 2009/2010
Supplemental Law Enforcement Services Fund (SLESF) monies to
be used for frontline police services, and,
2 Approve re-allocation of $27,380 in encumbered 2008/2009 SLESF
funds to be utilized for the purchase of a Communications Center
upgrade (Call Logger) [Police]
7 Award for the Wastewater Electronic Control and Monitoring System
Proiect Phase I -City Bid No. 2010-01
■ Fiscal Impact: Approval of this agreement will result in the expenditure
of $216,383 00 previously budgeted for this capital improvement project.
■ Recommendation. Council authorize the City Manager to execute an
agreement with Electricraft Inc in the amount of $216,383 00, for the
Treatment Plant Master Control Improvement Project. [Public Works]
8. Landscape and Liahtina District Maintenance Services Award - Apple
Valley and De Anza Estates
■ Fiscal Impact: The majority of these maintenance costs will be paid for
by assessments on property owners in the districts, however, the City of
Atascadero is responsible for 50% of the cost for maintaining the open
space and trails in the De Anza Estates LLA and 50% of the cost for
maintaining the park in the Apple Valley LLA. The City of Atascadero
annual contributions will be $708 00 per year and $6,810 00 of budgeted
funds per year respectively
■ Recommendation. Council authorize the City Manager to execute an
agreement with Madrone Landscapes, Inc., for landscape maintenance
services in the Apple Valley and De Anza Estates Landscape and
Lighting Assessment Districts [Public Works]
3
9. Sanitary Sewer Cleaning and Video Services Award - City Bid No.
2009-013
■ Fiscal Impact: Approval of this agreement will result in the expenditure
of $180,000 of previously allocated project funds and an additional
$19,980 00 from the Wastewater Reserve Fund
■ Recommendations. Council
1 Authorize the City Manager to execute an agreement with Mark
Simon Sewer Maintenance in the amount of $199,98000 for the
Sanitary Sewer Cleaning and Video Services Project; and,
2 Authorize the Administrative Service Director to appropriate an
additional $19,980 00 from Wastewater Reserve Fund to the Sanitary
Sewer Cleaning and Video Services project account. [Public Works]
UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on
any current issues of concern to the City Council )
COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction Speakers are limited to three minutes. Please state your name for the
record before making your presentation 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 )
B. PUBLIC HEARINGS. None.
C MANAGEMENT REPORTS.
1 Request to Place '/a Scale Replica of S-44 Submarine Lakeside, at
Atascadero Lake Park (Reeves)
• Fiscal Impact: There is no fiscal impact to the City related to the trial
submarine installation, as all expenses related to this proposal would be
the responsibility of Lloyd Reeves The City would benefit from an
undetermined increase in shared rental proceeds from the submarine
■ Recommendation. The Parks and Recreation Commission recommends
that Council approve a request by Lloyd Reeves, the Atascadero Lake
Boat Rental Concessionaire, to place a '/a scale replica of a 1928 S-44
US Submarine, on a trial basis, for tours at Atascadero Lake
[Community Services]
2. Proposed Quitclaim Deed to Be Executed by the City Regarding the
Current Library Property located at 6850 Morro Road, Atascadero
■ Fiscal Impact: None
■ Recommendation. Council authorize the City Manager to execute the
Quitclaim Deed proposed by the County of San Luis Obispo regarding
the current Library Property [City Attorney] 1104)
4
COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary)
Mayor Fonzi
1 Air Pollution Control District
2. County Mayors Round Table
3 Economic Vitality Corporation, Board of Directors (EVC)
Mayor Pro Tem O'Malley
1 League of California Cities— Council Liaison and CITIPAC Board Member
2 SLO Council of Governments, President (SLOCOG)
3 SLO Regional Transit Authority, President (SLORTA)
Council Member Beraud
1 City/ Schools Committee
2. Homeless Services Oversight Council
3 Integrated Waste Management Authority (IWMA)
Council Member Clay
1 City/Schools Committee
Council Member Kelley
1 Atascadero State Hospital Advisory Committee
2. Atascadero Youth Task Force
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1 City Council
2 City Clerk
3 City Treasurer
4 City Attorney
a. Update on Downtown Zoning
5 City Manager
a. Commission Attendance Reports
F ADJOURNMENT
5
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the April 13, 2010 Regular Session of the Atascadero City Council was posted
on April 6, 2010 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was
available for public review in the Customer Service Center at that location.
Signed this 6th day of April, 2010, at Atascadero, California.
!)4,,e,�L"&---
Victoria Randall, Deputy City Clerk
City of Atascadero
6
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
i;ommunity Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
mmediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held 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 videotaped
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 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 approach the lectern and be recognized.
1 Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
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
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council)
TO 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
ay1 You must approach the lectern and be recognized by the Mayor
2. Give your name(not required)
3. Make your statement
4 All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
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 must be brought to the meeting on a USB drive or CD 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.
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7
ITEM NUMBER A- 1
DATE. 04/13/10
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CITY CF A
- O TA SCA DERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, March 9, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session; 5.00 P M.
City Council Regular Session 6 00 P M
CITY COUNCIL CLOSED SESSION 5 00 P M.
Mayor Fonzi called the meeting to order at 5.00 p m
1 PUBLIC COMMENT— CLOSED SESSION - None
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec 54957 6)
Agency designated representatives Wade McKinney, City Manager
Employee Organizations Atascadero Firefighters Bargaining Unit;
Atascadero Police Association, Service Employees International Union,
Local 620, Mid-Management/Professional Employees, Non-Represented
Professional and Management Workers and Confidential Employees
CC Minutes 03/09/10
Page 1 of 7
8
ITEM NUMBER A- 1
DATE. 04/13/10
3. ADJOURN
CLOSED SESSION REPORT
City Attorney Brian Pierik announced that there was no reportable action taken
CITY COUNCIL REGULAR SESSION 6 00 P M.
Mayor Fonzi called the meeting to order at 6 09 p m and Council Member Clay led the
Pledge of Allegiance
ROLL CALL.
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian
Pierik.
APPROVAL OF AGENDA. Roll Call
MOTION By Council Member Clay and seconded by Council Member
Beraud to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS
1 Rotary Club of Atascadero $10,000 Donation to the City of Atascadero
for the Charles Paddock Zoo
Carl Billings, Past President of Atascadero Rotary, presented a check to the City
Council for$10,000 00 towards the Zoo
2. Police Chief Jim Mulhall presented Carl Billings a plaque honoring him for
his service to the City as Police Chaplain.
NOW
CC Minutes 03/09/10
Page 2 of 7
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ITEM NUMBER A- 1
DATE. 04/13/10
Mr Billings stated it was an honor to serve as Chaplain for Atascadero and enjoyed
working with Atascadero's finest.
3. SLOCOG 2010 Regional Transportation Plan (RTP) Update
Ron DeCarli, Executive Director of the San Luis Obispo Council of Government, gave
the presentation and answered questions from the City Council
PUBLIC COMMENT
Eric Greening asked how the Regional Transportation Plan relates to the Climate Action
Plan yet to be created since transportation is responsible for the majority of greenhouse
gas emissions inventory
Mayor Fonzi closed the Public Comment period.
Mr DeCarli answered that the State requires Regional Transportation Plans to create a
sustainable community strategy program
4. Tree City USA Designation for City of Atascadero - Proclamation
Mayor Fonzi read the proclamation
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes January 26, 2010
■ Recommendation. Council approve the Draft Meeting Minutes of
January 26, 2010 [City Clerk]
2. January 2010 Accounts Pavable and Payroll
■ Fiscal Impact: 1,808,988 47
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for January 2010 [Administrative
Services]
3. Resolution Authorizing Participation in the San Luis Obispo County
Energy Watch Program
■ Fiscal Impact: It is estimated that approximately 30 to 40 hours of staff
time annually will be committed to the program This commitment of will
be made within currently budgeted staffing levels
■ Recommendation. Council adopt the Draft Resolution, authorizing
participation in the San Luis Obispo County Energy Watch Program
[Public Works]
CC Minutes 03/09/10
Page 3 of 7
10
ITEM NUMBER A- 1
DATE. 04/13/10
MOTION By Council Member Kelley and seconded by Council Member
Beraud to approve the Consent Calendar
Motion passed 5.0 by a roll-call vote. (#A-3 Resolution No.
2010-012)
UPDATES FROM THE CITY MANAGER
City Manager Wade McKinney updated the Council on the annual San Luis Obispo
County International Film Festival, since Atascadero is participating this year We are
hosting some of the films at the Pavilion
We received notification this week that the Local Government Commission received a
foundation grant to help San Luis Obispo cities and the County plan for the expected
changes in the climate of our region The Council was provided with an executive
summary (Exhibit A)
The Association of Zoos and Aquariums (AZA) which governs the accreditation of zoos
and aquariums across the nation, approved Atascadero's Zoo accreditation for another
four years We will have a celebration reception on April 15th at the Pavilion
There will be a joint meeting of the City Council and Planning Commission on Thursday,
March 11, to review the proposed La Plaza project.
COMMUNITY FORUM
Mike Casey, member of the Atascadero Ministerial Association, led those present in
prayer
Ann Hatch gave the City Council an update on the Faces of Freedom Veterans
Memorial
Eric Greening suggested the City amend the Route 9 route to better serve the
southbound riders and to include west Morro Road in the plan He also asked that the
City include in the weed abatement notices, information about protecting oak seedlings
when conducting weed abatement.
Mitch Paskin shared more information regarding his concerns with the Oak Ridge
Estates and their non-compliance with the City's requirements
Steve Martin announced upcoming Main Street events and their upcoming meetings
CC Minutes 03/09/10
Page 4 of 7
11
ITEM NUMBER A- 1
DATE. 04/13/10
Patricia Wilmore, Local Area Manager for Government Relations for PG&E, introduced
herself and explained the SLO County Energy Watch Program that the Council
approved as part of the Consent Calendar
Ken Brokamp, representative of the Central Coast Zoo Society, congratulated the City
on the Zoo accreditation He also commended Zoo Director Alan Baker on his efforts
towards the accreditation Mr Brokamp also announced the Society will be presenting
at future City Council meetings grants that support the Zoo He also updated the
Council on the upcoming Wine Festival in June
Mike Jackson stated his concerns about the income stream coming into the City for the
restoration of the Historic City Hall
Barbie Butz reminded the City Council about the upcoming event "Dancing with the
Stars" this Saturday at the Pavilion that benefits the Library
Mayor Fonzi closed the COMMUNITY FORUM period.
Mr McKinney responded to the questions asked during Community Forum
• Mr McKinney stated that the Baptist Church's offer of their services at the
Printery would be looked into, and he will give them a call
• The City continues to consider a variety of transit routes. The City has a difficult
time making the 20% fare box.
• Exobrosa Road was not a requirement of the Oak Ridge Estates project. Staff
will be bringing to the City Council an update report on the Oak Ridges Estates
project on the March 23, 2010 Council meeting.
• Atascadero is the leader in this County concerning business stimulus programs.
Atascadero's programs include reducing the business license form, public works
projects, waiving permit fees, expanding the mural program, restaurant stimulus,
extension of dormant building permits, and affordable housing stimulus
Mayor Fonzi recessed the meeting at 7:38 p.m. to share a cake in celebration of
the Zoo accreditation.
Mayor Fonzi reconvened the meeting at 7.52p.m.
B. PUBLIC HEARINGS None.
C MANAGEMENT REPORTS
1 Fiscal Year 2008-2009 Audit
■ Fiscal Impact: None
■ Recommendation. Council review and accept the financial audit for the
period ended June 30, 2009 [Administrative Services]
CC Minutes 03/09/10
Page 5 of 7
12
ITEM NUMBER. A- 1
DATE. 04/13/10
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council `"
PUBLIC COMMENT None
The City Council received this report.
2. Review of the Implementation Plan for the Fats, Oils & Grease Program
■ Fiscal Impact: The City Council previously allocated funds in FY 2009-
2011 budget to cover increases related to the professional development
and staff training, and implementation and management of the Fats,
Oils, and Grease Program The program is proceeding on time and
under budget.
■ Recommendation. Council receive and file report on the Fats, Oils &
Grease (FOG) Program [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council
PUBLIC COMMENT None
The City Council received this report.
3. Strategic Planning 2010 - Council Goals and Action Plan
■ Fiscal Impact: The two-year budget is based on the goals developed
through the strategic planning process While there is no direct impact
as a result of the approval of this work plan, future budgets will be based
on these goals, and specific projects may require the expenditure of
funds or additional resources
■ Recommendations. Council
1 Adopt the goals selected at the Strategic Planning meeting of
January 30, 2010; and,
2 Approve the related action plans developed at the Strategic Planning
meeting of January 30, 2010 [City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions from
the Council
PUBLIC COMMENT None
MOTION By Mayor Pro Tem O'Malley and seconded by Council Member
Kelley to
1 Adopt the goals selected at the Strategic Planning meeting
of January 30, 2010; and,
CC Minutes 03/09/10
Page 6 of 7
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ITEM NUMBER A- 1
DATE. 04/13/10
2. Approve the related action pians developed at the Strategic
Planning meeting of January 30, 2010. [City Manager]
Motion passed 5.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Clay asked everyone to eat locally
D COMMITTEE REPORTS
Mayor Fonzi
Met with the Chamber of Commerce Board of Directors today for a legislative
update and they mentioned working together to implement the restaurant
stimulus program
E. INDIVIDUAL DETERMINATION AND/ OR ACTION None
F ADJOURNMENT
Mayor Fonzi adjourned the meeting at 8.34 p m
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C
City Clerk/Assistant to the City Manager
The following exhibit is available for review in the City Clerk's office:
Exhibit A—Local Government Commission Executive Summary on Climate Change
CC Minutes 03/09/10
Page 7 of 7
14
J
J
ITEM NUMBER A-2
DATE 04/13/10
Special Joint Meeting
City of Atascadero
City Council and
Planning Commission
LA PLAZA THEATRE DEVELOPMENT
STUDY SESSION
THURSDAY, MARCH 11, 2010 - 6 00 p m
DRAFT MINUTES
Mayor Fonzi called the meeting to order at 6 00 p m and Council Member Kelley led the
Pledge of Allegiance
ROLL CALL.
Present: Council Members Clay, Beraud, Kelley, Mayor Pro Tem O'Malley,
and Mayor Fonzi
Planning Commissioners Colamarino, Schmidt, Ward, Sturtevant,
Vice Chairperson Bentz, and Chairperson Moreno
Commissioner Jack joined the meeting at 6:05 p.m.
Absent: None
Staff Present: Community Development Director Warren Frace, City
Engineer/Public Works Director Russ Thompson, City Manager
Wade McKinney, and Recording Secretary Annette Manier
CC/PC Draft Minutes 03/11/10
Page 1 of 5
16
WELCOME AND INTRODUCTIONS
Community Development Director Warren Frace explained the format for this meeting
and introduced the applicants, Mr John Roush, Mr Michael Sherer, and Mr Larry
Wysong.
MEETING PURPOSE AND OVERVIEW
Community Development Director Warren Frace explained the Conditional Use Permit
(CUP) process which is part of the Zoning Ordinance A theatre of this size is classified
as a CUP He discussed the Planning Commission and City Council roles and the
findings for a CUP The Road Abandonment portion of the project will go to City
Council, so the whole project will go to the City Council for approval after it goes to
Planning Commission
APPLICANT PROJECT PRESENTATION
Michael Sherer, Realtor Estate Broker with Peabody & Plum, introduced himself and
stated that he is representing the Hoff family and Tim and Mary Beth Alvord Mr Sherer
introduced John Roush, theatre operator, and Larry Wysong, the building contractor and
developer
John Roush gave a presentation to the City Council and Planning Commission and
answered questions of the Council and Commission
PUBLIC COMMENT
Eric Greening asked if it would be possible if one of the larger auditoriums could include
a stage and back stage for live-type events as well as having a screen that could pull
down He also asked if the theatre would be able to accommodate a bus stop along the
frontage
Jim Wilkins, President of the Atascadero Historical Society, thinks it would be good for
the downtown, but would like to see the pedestrian tunnel, which is very small, visited
when looking toward the future
Sheryle Machado, applauded the efforts of the applicant. She would like the theatre to
have the ability to have a performing arts theatre She asked if there would be a place
in the project to have table seating so someone can rent a portion of the building She
also encouraged the City to think about the need for more public restrooms in the
downtown which would be needed in the downtown if there is more development.
Katrin Colamarino thinks it is a good idea to expand the downtown She is an advisory
board member for the Performing Arts Center and they have done a feasibility study
which has established a need for a Performing Arts Center in a north county location
CC/PC Draft Minutes 03/11/10
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17
George Schroff stated that the LaPlaza Theatre project is not an intelligent proposal for
Atascadero He read from his letter and turned it in for the record (Exhibit A)
Charlie Carlin said that Mr Roush knows his business and believes two theatres could
support our 27,000 people in Atascadero We support multiples of all kinds of things
He urges the Council to vote for the project. It will help our downtown and will bring
more people and upgrades to Atascadero
Robert Winslow stated that the market will determine whether the theatre will make it or
not. He encouraged the Council and Commission to determine if the project complies
with the Zoning Ordinance and General Plan The lot was identified in the Downtown
Revitalization Plan as a key area for being able to maintain view shed from the freeway
He asked if there was a height variance requested with the project. The Zoning Code
specifically says "a wide range of retail shops" is encouraged in the downtown district
and asked if two 10-screen theatres would do this As a civil engineer, EI Camino Real
has been characterized as one of the most underutilized roads in the County If you
take it down to one lane it will be clogging an artery and more people will get on the
freeway to go around town instead of through it. The environmental requirements
should have an economic study to make sure this project would not be to the detriment
to other projects downtown
Thom Jess, Architect with Colony Square project and the other movie theatre said he is
not anti-development. He has a number of questions he would like addressed in
regards to the scope of the project, parking requirements, and height which will block
w the view from the freeway, as well as the amount of street frontage being taken out.
Karyn Sturtevant encouraged Council and Commission to pursue the project so the
developer can move forward She understands the concern about the height, but
commented that you cannot see the Rotunda from the freeway We are trying to get the
downtown going We have an opportunity and a local man who is willing to put his own
money into our city and he is willing to take it seriously
Lee Perkins had some concerns about two competing 10-screen theatres, but with the
explanation she heard tonight, the project sounds nice and interesting She likes the
idea of making EI Camino Real one lane
Jim Shores said his family has been in downtown 56 years Back then we had
competition, a bowling alley, and grocery stores Competition makes for a lot of foot
traffic We spent a lot of money on Sunken Gardens and the park. He was in Paso
Robles Friday night and could not believe the foot traffic; that's what creates business.
Atascadero needs a parking problem Let's prove we can do this as businesses are
suffering
CC/PC Draft Minutes 03/11/10
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18
Edward Veek has to go to Paso Robles and San Luis Obispo to go to the movies If we
had two theatres, we could have two different types of films He is looking forward to ,
having a 2nd movie theatre in town
Bill Arkfeld and Bobbie Nunez own The Artery in downtown Atascadero They are
100% behind this proposal The idea of EI Camino Real being one lane is a good idea
as it will support retail
Mayor Fonzi closed the Public Comment period.
City Council Members, Planning Commissioners, staff, and the applicant had more
discussion and addressed questions and comments brought up during the public
comment portion of the meeting
Mayor Fonzi adjourned the meeting at 7.50 p.m. for a break.
Mayor Fonzi called the meeting back to order at 7.55 p.m.
DISCUSSION OF KEY ISSUES
Community Development Director Warren Frace spoke about the following six key
issues
• Project Feasibility
• Future Phases
• Parking
• Road Abandonments
• Height Restriction Waiver
• Deferred Plans
Council Members and Commissioners asked the applicant questions regarding the
above-key issues The applicants and Community Development Director Frace
answered the questions from Council and Commission
Mayor Fonzi re-opened the Public Comment portion of the meeting
Jim Harrison, owner of the Colony Square Movie Theatre said this meeting is like a
circus He said that Mr Roush said something about spending $23,000; he (Mr
Harrison) spent hundreds of thousands of dollars on drainage, utilities, and easements
for the Colony Square project. What he is hearing is that everyone wants to approve the
project right now There appears to be no consideration in the 7-8 million dollars spent
on the Colony Square project, even after the City's consultant said the project would not
be feasible financially Despite that, they proceeded because of the importance of this
gateway to Atascadero The circumstances of Mr Roush withdrawing from Colony
Square project have not come out publicly It appears that the most important thing is
CC/PC Draft Minutes 03/11/10
Page 4 of 5
19
that these three gentlemen are living in this town It appears that some issues are being
shoved under the carpet in a rush to "get more retail " The Colony Square theatre is
doing the same thing that Mr Roush is proposing with the high tech digital equipment
and they are putting 3'/2-4 million dollars into the interior with the digital and electronic
equipment. He is disappointed and flabbergasted
Mayor Fonzi closed the Public Comment period.
WRAP UP
Mayor Pro Tem Fonzi said she believes they have given staff direction on where they
want to go and questions they would need to have answered Dr Harrison has raised
some points and we will give that some thought. The Council's direction has been that
economic development is the City's #1 priority She would like to see what they get
back in terms of product and will give it consideration at that point.
ADJOURNMENT Mayor Fonzi adjourned the meeting at 9 12 p.m.
MINUTES PREPARED BY
Annette Manier, Administrative Assistant
The following exhibits are available in the Community Development Department.,
Exhibit A—Letter from George Schroff
CC/PC Draft Minutes 03/11/10
Page 5 of 5
20
ITEM NUMBER A-3
DATE. 04/13/10
n
swr
1918 � 1878
Atascadero City Council
Staff Report - Administrative Services Department
February 2010 Accounts Payable and Payroll
RECOMMENDATION
Council approve certified City accounts payable, payroll and payroll vendor checks for
February 2010
DISCUSSION
Attached for City Council review and approval are the following
Payroll
Dated 02/04/10 Checks # 27606 - 27643 $ 25,013 41
Direct Deposits 231,149 25
Dated 02/18/10 Checks # 27644 - 27680 25,541 04
Direct Deposits 232,473 86
Accounts Payable
Dated 02/01/10-02/28/10
Checks # 123530 - 123848
& EFTs 802 - 811 1,485,167 55
TOTAL AMOUNT $ 1,999,345 11
FISCAL IMPACT
Total expenditures for all funds is $ 1,999,345 11
CERTIFICATION
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these demand
Rachelle Rickard, Director of Administrative Services
ATTACHMENT
February 2010 Eden Warrant Register in the amount of $ 1,485,167 55
22
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
123530 02/04/2010 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,76964
123531 02/04/2010 CSAC EIA Payroll Vendor Payment 1,205.28
123532 02/04/2010 MEDICAL EYE SERVICES Payroll Vendor Payment 1,666.18
123533 02/04/2010 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,74816
123534 02/04/2010 SDRMA Payroll Vendor Payment 121 15547
123535 02/05/2010 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000
123536 02/05/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000
123537 02/05/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 99000
123538 02/05/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2,486.16
123539 02/05/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 12,347 30
123540 02/05/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 522.50
123541 02/05/2010 SEIU LOCAL 620 Payroll Vendor Payment 871 18
123542 02/05/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 31161
123543 02/05/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,66889
802 02/09/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 84,173 46
803 02/09/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,879 87
804 02/09/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1 309.24
805 02/09/2010 RABOBANK, N.A. Payroll Vendor Payment 40 158 31
123544 02/15/2010 ADVANCED SEPTIC&SEWER SVC Accounts Payable Check 480 00
123545 02/15/2010 TREVOR R.AGUILAR Accounts Payable Check 8400
123546 02/15/2010 ALL ABOUT PRODUCE, INC Accounts Payable Check 356.75
123547 02/15/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 52972
123548 02/15/2010 ALLSTAR FIRE EQUIPMENT INC Accounts Payable Check 9743
123549 02/15/2010 ALTHOUSE&MEADE, INC Accounts Payable Check 1 102.50
123550 02/15/2010 AMERICAN MARBORG Accounts Payable Check 30965
123551 02/15/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 115.20
123552 02/15/2010 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 22398
123553 02/15/2010 PAULA ANTON Accounts Payable Check 1900
123554 02/15/2010 AQUAMARK POOL CARE Accounts Payable Check 378.25
123555 02/15/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 45561
123556 02/15/2010 ARCADIAN GARDENS Accounts Payable Check 4950
123557 02/15/2010 AT&T Accounts Payable Check 9912
123558 02/15/2010 AT&T Accounts Payable Check 1,13909
123559 02/15/2010 AT&T Accounts Payable Check 68435
123561 02/15/2010 AT&T Accounts Payable Check 1,00830
123562 02/15/2010 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 26 407 00
123563 02/15/2010 ATASCADERO COMMUNITY Accounts Payable Check 31,133 00
123564 02/15/2010 ATASCADERO HAY&FEED Accounts Payable Check 944.20
123565 02/15/2010 ATASCADERO MAIN STREET INC Accounts Payable Check 15,100 0
23
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
jjjow123567 02/15/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 2 323 70
123568 02/15/2010 ATASCADERO NEWS Accounts Payable Check 2,532.50
123569 02/1512010 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 57600
123570 02/15/2010 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 4,53000
123571 02/15/2010 AZA Accounts Payable Check 751 18
123572 02/15/2010 AUDREY BANKS Accounts Payable Check 10368
123573 02/15/2010 BASSETT'S CRICKET RANCH INC Accounts Payable Check 6790
123574 02/15/2010 VOID Accounts Payable Check 000
123575 02/15/2010 BEST WESTERN COLONY INN Accounts Payable Check 19790
123576 02/15/2010 NICHOLAS P BOONISAR Accounts Payable Check 42.00
123577 02/15/2010 GREGORY A. BRAZZI Accounts Payable Check 3000
123578 02/15/2010 BREZDEN PEST CONTROL Accounts Payable Check 16000
123579 02/15/2010 BURKE,WILLIAMS &SORENSON LLP Accounts Payable Check 11 95013
123580 02/15/2010 CALIFORNIA CONSERVATION CORP Accounts Payable Check 12 960 00
123581 02/15/2010 CALIFORNIA J P I.A. Accounts Payable Check 4,10000
123582 02/15/2010 CALPORTLAND Accounts Payable Check 38406
123583 02/15/2010 CASQA Accounts Payable Check 55000
123584 02/15/2010 CCC-ICC Accounts Payable Check 3000
123585 02/15/2010 CHANNEL COUNTIES DIVISION Accounts Payable Check 10000
123586 02/15/2010 BRADY CHERRY Accounts Payable Check 55600
4We123587 02/15/2010 CHICAGO GRADE LANDFILL Accounts Payable Check 10000
123588 02/15/2010 KATHLEEN J CINOWALT Accounts Payable Check 19600
123589 02/15/2010 CJP PRODUCTIONS INC Accounts Payable Check 11500
123590 02/15/2010 COAST ELECTRONICS Accounts Payable Check 1,316.28
123591 02/15/2010 COASTAL COPY LP Accounts Payable Check 22363
123592 02/15/2010 COASTLINE EQUIPMENT Accounts Payable Check 8369
123593 02/15/2010 COLONY AUTO SERVICE, INC Accounts Payable Check 130.28
123594 02/15/2010 CONOCOPHILLIPS Accounts Payable Check 2,411 70
123595 02/15/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 14710
123596 02/15/2010 CUESTA COLLEGE Accounts Payable Check 58 00
123597 02/15/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 7000
123598 02/15/2010 DANIEL A. DAVIS Accounts Payable Check 252.00
123599 02/15/2010 DECOU LUMBER COMPANY Accounts Payable Check 41894
123600 02/15/2010 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 2,41440
123601 02/15/2010 DOCUTEAM Accounts Payable Check 3472
123602 02/15/2010 DOGGIE WALK BAGS COMPANY Accounts Payable Check 27063
123603 02/15/2010 DRIVE CUSTOMS Accounts Payable Check 7000
123604 02/15/2010 ED'S FLY MEAT INC Accounts Payable Check 6650
123605 02/15/2010 ESCUELA DEL RIO Accounts Payable Check 19800
123606 02/15/2010 FEDERAL EXPRESS Accounts Payable Check 7581
123607 02/15/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 12873
24
City of Atascadero
Disbursement Listinq
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
123608 02/15/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 184 OC
123609 02/15/2010 FITNESS EDGE EXERCISE EQUIP Accounts Payable Check 21500
123610 02/15/2010 ROBERTA FONZI Accounts Payable Check 7875
123611 02/15/2010 KEN FORMAN Accounts Payable Check 2000
123612 02/15/2010 WARREN FRACE Accounts Payable Check 30000
123613 02/15/2010 GAS COMPANY Accounts Payable Check 4,36146
123614 02/15/2010 GEM AUTO PARTS Accounts Payable Check 57071
123615 02/15/2010 STEPHEN GESELL Accounts Payable Check 50000
123616 02/15/2010 GILBERT'S LANDSCAPES Accounts Payable Check 3,34000
123617 02/15/2010 KENNETH J GLYNN Accounts Payable Check 17500
123618 02/15/2010 NATHAN B GOOSSENS Accounts Payable Check 4000
123619 02/15/2010 CYNTHIA A. GREEN Accounts Payable Check 21600
123620 02/15/2010 GRISANTI HARDWARE Accounts Payable Check 2646
123621 02/15/2010 H D PETERSON Accounts Payable Check 26730
123622 02/15/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 12764
123623 02/15/2010 KELLIE K. HART Accounts Payable Check 34440
123624 02/15/2010 HOME DEPOT Accounts Payable Check 83953
123625 02/15/2010 INFORMATION TECHNOLOGY Accounts Payable Check 39712
123626 02/15/2010 INGLIS PET HOTEL Accounts Payable Check 1 16065
123627 02/15/2010 INGRAM& GREENE, INC Accounts Payable Check 50000
123628 02/15/2010 INTERSPIRO INC Accounts Payable Check 1461,4004
123629 02/15/2010 INTERSTATE BILLING SERVICE Accounts Payable Check 842.28
123630 02/15/2010 J CARROLL Accounts Payable Check 979
123631 02/15/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 21632
123632 02/15/2010 K.D JANNI LANDSCAPING, INC Accounts Payable Check 36778
123633 02/15/2010 WILLIAM T KNUCKLES Accounts Payable Check 8400
123634 02/15/2010 ZACHARY D KOPP Accounts Payable Check 9800
123635 02/15/2010 L.N. CURTIS&SONS Accounts Payable Check 30471
123636 02/15/2010 LANDSCAPES BY STACH Accounts Payable Check 44000
123637 02/15/2010 LEHI VALLEY TRADING COMPANY Accounts Payable Check 117.29
123638 02/15/2010 JAMES R. LEWIS Accounts Payable Check 25000
123639 02/15/2010 LIFE ASSIST INC Accounts Payable Check 153.29
123640 02/15/2010 RORY W LINN Accounts Payable Check 3643
123641 02/15/2010 MAINLINE UTILITY CO Accounts Payable Check 8 650 00
123642 02/15/2010 SHARON A. MARINI Accounts Payable Check 7500
123643 02/15/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 3,46938
123644 02/15/2010 BECKY MAXWELL Accounts Payable Check 11307
123645 02/15/2010 WADE MCKINNEY Accounts Payable Check 50000
123646 02/15/2010 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 87000
123647 02/15/2010 MINER'S ACE HARDWARE Accounts Payable Check 37992
123648 02/15/2010 MISSION UNIFORM SERVICE Accounts Payable Check 100.2;
25
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
`*x.9123649 02/15/2010 REON C MONSON Accounts Payable Check 11970
123650 02/15/2010 DAVE MUEHLHAUSEN Accounts Payable Check 1000
123651 02/15/2010 MULLAHEY FORD Accounts Payable Check 13750
123652 02/15/2010 NEOPOST INC Accounts Payable Check 76905
123653 02/15/2010 NICKSON'S MACHINE SHOP INC Accounts Payable Check 21671
123654 02/15/2010 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 5 000 00
123655 02/15/2010 NORTHERN ENERGY Accounts Payable Check 68510
123656 02/15/2010 OAK COUNTRY LUMBER& RANCH Accounts Payable Check 23707
123657 02/15/2010 MATTHEW J O'CONNELL Accounts Payable Check 7000
123658 02/15/2010 OFFICE DEPOT INC Accounts Payable Check 1 04897
123659 02/15/2010 TARA ORLICK Accounts Payable Check 400
123660 02/15/2010 OUTLET TOOL SUPPLY Accounts Payable Check 22.16
123661 02/15/2010 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 281 40
123662 02/15/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 4,432.15
123663 02/15/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 142.34
123664 02/15/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 1,708.62
123665 02/15/2010 PAVEMENT ENGINEERING INC Accounts Payable Check 1 122.50
123666 02/15/2010 PC MALL Accounts Payable Check 5954
123667 02/15/2010 PC MECHANICAL, INC Accounts Payable Check 17,124 18
123668 02/15/2010 PROCARE JANITORIAL SUPPLY Accounts Payable Check 58862
'#ftwr123669 02/15/2010 PROFORCE LAW ENFORCEMENT Accounts Payable Check 1,03373
123670 02/15/2010 RACHELLE RICKARD Accounts Payable Check 30000
123671 02/15/2010 MICHELLE R. ROGERS Accounts Payable Check 12600
123672 02/15/2010 ROSSI TRANSPORT SERVICE Accounts Payable Check 211 09
123673 02/15/2010 S W MARTIN&ASSOCIATES Accounts Payable Check 11,083 33
123674 02/15/2010 SAFETY DRIVERS ED LLC Accounts Payable Check 102.90
123675 02/15/2010 SAN LUIS MOTORSPORTS Accounts Payable Check 22594
123676 02/15/2010 SANTA LUCIA SPORTSMEN ASSC INC Accounts Payable Check 1 000 00
123677 02/15/2010 SCOTT SATTERTHWAITE Accounts Payable Check 36500
123678 02/15/2010 SBRPSTC AGENCY Accounts Payable Check 37400
123679 02/15/2010 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 29143
123680 02/15/2010 SLOCAPRA Accounts Payable Check 12000
123681 02/15/2010 SOUTH COAST EMERGENCY VEH SVC Accounts Payable Check 5007
123682 02/15/2010 SUNLIGHT JANITORIAL Accounts Payable Check 2,692.00
123683 02/15/2010 TANKS A LOT HYDRO SCBA&SCUBA Accounts Payable Check 11088
123684 02/15/2010 TASER INTERNATIONAL Accounts Payable Check 1,190 76
123685 02/15/2010 RUSS THOMPSON Accounts Payable Check 30000
123686 02/15/2010 TOSTE CONSTRUCTION Accounts Payable Check 27,778 70
123687 02/15/2010 TW TELECOM Accounts Payable Check 77352
123688 02/15/2010 UNION BANK OF CALIFORNIA, N.A. Accounts Payable Check 87500
123689 02/15/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,452.78
26
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
123690 02/15/2010 BRIDGET M.VAN BEEK Accounts Payable Check 80 00*mW
123691 02/15/2010 VERIZON WIRELESS Accounts Payable Check 3,27658
123692 02/15/2010 WEST COAST AUTO&TOWING INC Accounts Payable Check 49500
123693 02/15/2010 WESTERN JANITOR SUPPLY Accounts Payable Check 29631
123694 02/15/2010 PAUL JEFFREY ZEHNER Accounts Payable Check 112.00
123695 02/18/2010 CAVENAUGH AND ASSC Accounts Payable Check 99800
123696 02/18/2010 SANTA CLARA CO SHERIFF'S OFFI Accounts Payable Check 80000
123697 02/18/2010 TESORO FLEET SERVICES Accounts Payable Check 6,94666
123701 02/18/2010 U S BANK Accounts Payable Check 11,214 41
123702 02/19/2010 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000
123703 02/19/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000
123704 02/19/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 99000
123705 02/19/2010 AXA EQUITABLE Payroll Vendor Payment 52012
123706 02/19/2010 EMPLOYMENT DEV DEPARTMENT Accounts Payable Check 20,207 00
123707 02/19/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2,48616
123708 02/19/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 15500
123709 02/19/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,35077
123710 02/19/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 56317
123711 02/19/2010 SEIU LOCAL 620 Payroll Vendor Payment 872.69
123712 02/19/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 3116
123713 02/19/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 23 668 89
806 02/23/2010 RABOBANK, N.A. Payroll Vendor Payment 41,699 52
807 02/23/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 84,912.83
808 02/23/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,300 45
809 02/23/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,302.55
810 02/25/2010 BANK OF NEW YORK MELLON Accounts Payable Check 16,751.24
811 02/25/2010 BANK OF NEW YORK MELLON Accounts Payable Check 282,896.25
123714 02/26/2010 AAZK INC Accounts Payable Check 4500
123715 02/26/2010 ACTIVE MEDICAL&SAFETY Accounts Payable Check 7470
123716 02/26/2010 AECOM USA, INC Accounts Payable Check 1,721.25
123717 02/26/2010 AIRFLOW FILTER SERVICE, INC Accounts Payable Check 71 70
123718 02/26/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,47076
123719 02/26/2010 AMI PIPE&SUPPLY Accounts Payable Check 17938
123720 02/26/2010 DAVID ANASTASIA Accounts Payable Check 9767
123721 02/26/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 51707
123722 02/26/2010 GINA M.ARIAS Accounts Payable Check 60000
123723 02/26/2010 ARMET'S LANDSCAPE, INC Accounts Payable Check 11,459.20
123724 02/26/2010 AT&T Accounts Payable Check 1,245 4,.404
27
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
1%woh23726 02/26/2010 AT&T Accounts Payable Check 86996
123727 02/26/2010 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 201 90
123728 02/26/2010 ATASCADERO COMMUNITY Accounts Payable Check 2,51900
123729 02/26/2010 ATASCADERO HAY&FEED Accounts Payable Check 51065
123730 02/26/2010 AUDREY BANKS Accounts Payable Check 24397
123731 02/26/2010 BATTERY SYSTEMS Accounts Payable Check 7498
123732 02/26/2010 NICHOLAS P BOONISAR Accounts Payable Check 5400
123733 02/26/2010 BRICK MARKERS USA Accounts Payable Check 3500
123734 02/26/2010 CASEY BRYSON Accounts Payable Check 4000
123735 02/26/2010 BURKE,WILLIAMS &SORENSON LLP Accounts Payable Check 23 523 91
123736 02/26/2010 BUS WEST Accounts Payable Check 60,153 41
123737 02/26/2010 C3 CONSTRUCTION&DEVELOPMENT Accounts Payable Check 18 008 81
123738 02/26/2010 CALIFORNIA CODE CHECK Accounts Payable Check 10,449 61
123739 02/26/2010 CALIFORNIA CONSERVATION CORP Accounts Payable Check 6,00500
123740 02/26/2010 CALPORTLAND Accounts Payable Check 52989
123741 02/26/2010 CAM-CA ASSC OF MUSEUMS Accounts Payable Check 50000
123742 02/26/2010 KATE CAPELA Accounts Payable Check 51 92
123743 02/26/2010 CAVENAUGH AND ASSC Accounts Payable Check 99800
123744 02/26/2010 CED CONSOLIDATED ELECTRICAL Accounts Payable Check 49796
123745 02/26/2010 CENTRAL COAST ARCHAEOLOGY Accounts Payable Check 90000
A%j„r123746 02/26/2010 CHEVRON&TEXACO BUS CARD SVC Accounts Payable Check 3 600 44
123747 02/26/2010 CHICAGO GRADE LANDFILL Accounts Payable Check 4000
123748 02/26/2010 COAST ELECTRONICS Accounts Payable Check 30309
123749 02/26/2010 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 64950
123750 02/26/2010 CREEK ENVIRONMENTAL LAB INC Accounts Payable Check 252.00
123751 02/26/2010 CROP PRODUCTION SERVICES Accounts Payable Check 58870
123752 02/26/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 8540
123753 02/26/2010 D4 ELECTRIC Accounts Payable Check 2,632.63
123754 02/26/2010 CALEB M. DAVIS Accounts Payable Check 562.00
123755 02/26/2010 DECOU LUMBER COMPANY Accounts Payable Check 606
123756 02/26/2010 DEPARTMENT OF FORESTRY& FIRE Accounts Payable Check 1 11860
123757 02/26/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 1 35000
123758 02/26/2010 DFM ASSOCIATES Accounts Payable Check 402
123759 02/26/2010 DISH NETWORK Accounts Payable Check 17398
123760 02/26/2010 DLT SOLUTIONS INC Accounts Payable Check 2 319 75
123761 02/26/2010 DOVE CREEK COMMUNITY ASSC Accounts Payable Check 76600
123762 02/26/2010 ESCUELA DEL RIO Accounts Payable Check 14400
123763 02/26/2010 FARWEST LINE SPECIALTIES Accounts Payable Check 12698
123764 02/26/2010 FEDERAL EXPRESS Accounts Payable Check 1933
123765 02/26/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 1309
123766 02/26/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 432.70
28
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
123767 02/26/2010 FIRST AMERICAN CORELOGIC INC Accounts Payable Check 100 00
123768 02/26/2010 FIRST TRANSIT INC Accounts Payable Check 20,106.28
123769 02/26/2010 FLUID RESOURCE MANAGEMENT INC Accounts Payable Check 1,11500
123770 02/26/2010 ROBERTA FONZI Accounts Payable Check 1850
123771 02/26/2010 FOOD FOR LESS Accounts Payable Check 2562
123772 02/26/2010 FRAZEE INDUSTRIES INC Accounts Payable Check 8609
123773 02/26/2010 FREEDOM POWDER COATING Accounts Payable Check 30000
123774 02/26/2010 THOMAS E. GANDY Accounts Payable Check 1 60000
123775 02/26/2010 GEM AUTO PARTS Accounts Payable Check 51017
123776 02/26/2010 STEPHEN GESELL Accounts Payable Check 12800
123777 02/26/2010 GOLDING CONCRETE SAWING Accounts Payable Check 22500
123778 02/26/2010 GOPHER STOMPERS INC Accounts Payable Check 12000
123779 02/26/2010 GRISANTI HARDWARE Accounts Payable Check 13917
123780 02/26/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 252.05
123781 02/26/2010 HASTY AWARDS Accounts Payable Check 1462.38
123782 02/26/2010 BRODIE HEINZE Accounts Payable Check 40000
123783 02/26/2010 CHRISTOPHER HESTER Accounts Payable Check 281 00
123784 02/26/2010 HOME DEPOT Accounts Payable Check 52959
123785 02/26/2010 EVELYN R. INGRAM Accounts Payable Check 69650
123786 02/26/2010 JESPERSEN'S TIRE SERVICE, INC Accounts Payable Check 53878
123787 02/26/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 146 86
123788 02/26/2010 LEE WILSON ELECTRIC CO INC Accounts Payable Check 1 80000
123789 02/26/2010 LEHIGH HANSON Accounts Payable Check 12.00
123790 02/26/2010 LINE-X OF ATASCADERO Accounts Payable Check 65063
123791 02/26/2010 RORY W L.INN Accounts Payable Check 562.00
123792 02/26/2010 LISA WISE CONSULTING, INC Accounts Payable Check 55000
123793 02/26/2010 LOCATE PLUS CORPORATION Accounts Payable Check 1500
123794 02/26/2010 MAINLINE UTILITY CO Accounts Payable Check 45000
123795 02/26/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 1,46683
123796 02/26/2010 WADE MCKINNEY Accounts Payable Check 308.22
123797 02/26/2010 MEDWORKS MEDICAL CENTER, INC Accounts Payable Check 9500
123798 02/26/2010 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 8,99450
123799 02/26/2010 MICHAEL FREDERICK PAVING INC Accounts Payable Check 20,591 95
123800 02/26/2010 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 3,14500
123801 02/26/2010 MINER'S ACE HARDWARE Accounts Payable Check 42610
123802 02/26/2010 MISSION UNIFORM SERVICE Accounts Payable Check 2974
123803 02/26/2010 MPI DOCUMENT MANAGMENT Accounts Payable Check 8456
123804 02/26/2010 NOVARTIS ANIMAL HEALTH US INC Accounts Payable Check 58455
123805 02/26/2010 O C TANNER Accounts Payable Check 1,90506
123806 02/26/2010 OFFICE DEPOT INC Accounts Payable Check 60144
123807 02/26/2010 TARA ORLICK Accounts Payable Check 20 OLS/
29
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
°4x+123808 02/26/2010 OUTLET TOOL SUPPLY Accounts Payable Check 30 04
123809 02/26/2010 PACIFIC AUTO GLASS Accounts Payable Check 362.79
123811 02/26/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 30 497 73
123812 02/26/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 7,29772
123813 02/26/2010 DAWN PATTERSON Accounts Payable Check 41 47
123814 02/26/2010 PC MALL Accounts Payable Check 3 340 35
123815 02/26/2010 PEOPLES SELF HELP HOUSING CORP Accounts Payable Check 98000
123816 02/26/2010 DEAN PERICIC Accounts Payable Check 6500
123817 02/26/2010 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 66 70
123818 02/26/2010 PHOTO STOP Accounts Payable Check 1,076 54
123819 02/26/2010 PROCARE JANITORIAL SUPPLY Accounts Payable Check 69016
123820 02/26/2010 RITTERBUSH REPAIR SERVICES Accounts Payable Check 345 00
123821 02/26/2010 RIVERSIDE COUNTY SHERIFFS DEPT Accounts Payable Check 88000
123822 02/26/2010 ROB DAVIS BACKHOE Accounts Payable Check 9 800 00
123823 02/26/2010 SAN LUIS OBISPO COUNTY HEALTH Accounts Payable Check 100 427 00
123824 02/26/2010 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 4 415 40
123825 02/26/2010 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 4000
123826 02/26/2010 DAVID E. SANCHEZ Accounts Payable Check 281 00
123827 02/26/2010 SANTA MARIA TIRE, INC Accounts Payable Check 422.09
123828 02/26/2010 SENIOR NUTRITION PROGRAM Accounts Payable Check 1,96000
x,,.123829 02/26/2010 SHELL Accounts Payable Check 1 04312
123830 02/26/2010 SOUZA CONSTRUCTION INC Accounts Payable Check 12,000 00
123831 02/26/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 691 34
123832 02/26/2010 STAPLES CREDIT PLAN Accounts Payable Check 81831
123833 02/26/2010 STEVE SCHMIDT TOPSOIL, INC Accounts Payable Check 930.95
123834 02/26/2010 SUNLIGHT JANITORIAL Accounts Payable Check 71500
123835 02/26/2010 TASER INTERNATIONAL Accounts Payable Check 59538
123836 02/26/2010 TED MILES MOTORS INC Accounts Payable Check 1,91803
123837 02/26/2010 TEMPLETON UNIFORMS Accounts Payable Check 16 80
123838 02/26/2010 TEXAS REFINERY CORP Accounts Payable Check 1,206 70
123839 02/26/2010 T-N-T PEST CONTROL Accounts Payable Check 8800
123840 02/26/2010 TOSTE CONSTRUCTION Accounts Payable Check 4,06549
123841 02/26/2010 UNCLE'S BAITS Accounts Payable Check 2040
123842 02/26/2010 UNITROL/STINGER SPIKE SYSTEMS Accounts Payable Check 81 50
123843 02/26/2010 USA BLUE BOOK Accounts Payable Check 5506
123844 02/26/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,10405
123845 02/26/2010 VERIZON WIRELESS Accounts Payable Check 24997
123846 02/26/2010 WAYNE'S TIRE, INC Accounts Payable Check 4400
123847 02/26/2010 DEBORAH M.WRIGHT TTEE Accounts Payable Check 752.00
123848 02/26/2010 ZOO MED LABORATORIES INC Accounts Payable Check 462.45
30
City of Atascadero
Disbursement Listing
For the Month of February 2010
Check Check
Number Date Vendor Description Amount
$ 1,485,167 55
31
ITEM NUMBER. A-4
DATE 04/13/10
4
r iais � 1979
A tascadero City Council
Staff Report - City Attorney's Office
Second Reading of Draft Ordinance to
Prohibit Medical Marijuana Facilities
RECOMMENDATION
Council adopt on second reading, by title only, the draft Ordinance amending Chapter
13 of Title 5, and repealing subsection (s) of section 9-3.233, conditional uses, of the
Atascadero Municipal Code, to prohibit medical marijuana facilities
DISCUSSION
1%W On March 23, 2010, the City Council introduced the draft Ordinance to prohibit medical
marijuana facilities The first reading included an amendment to include language in
Section 5-13 103 of the Atascadero Municipal Code stating that delivery of medical
marijuana to any person is prohibited within the City limits except as provided in Section
5-13 101 and except for deliveries by a primary caregiver to a qualified patient.
This draft Ordinance is being presented to the City Council at this meeting for a second
reading to adopt the draft Ordinance If the Council votes to adopt the draft Ordinance,
then the Ordinance will go into effect on May 13, 2010
FISCAL IMPACT
None
ATTACHMENT
Draft Ordinance
32
ITEM NUMBER A-4
DATE. 04/13/10
DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING CHAPTER 13 OF TITLE 5,
PUBLIC WELFARE, AND REPEALING SUBSECTION (s) OF SECTION
9-3.233, CONDITIONAL USES, OF THE MUNICIPAL CODE, TO
PROHIBIT MEDICAL MARIJUANA FACILITIES
RECITALS
WHEREAS, in 1996 the voters of the State of California passed the "Compassionate Use of
Marihuana Law" which allows for the use of marihuana for medical purposes, and,
WHEREAS, in 2003, the Legislature approved SB 420, which provided additional statutory
guidance for those involved with medical marihuana use, and also authorized cities to enact rules
and regulations with regard to medical marihuana consistent with California law, and,
WHEREAS, the United States Supreme Court in United States v Oakland Cannabis Buyers'
Cooperative (2001) 532 U S 483, held that the Federal Controlled Substances Act continues to
prohibit marihuana use, distribution, and possession, and that no medical necessity exceptions
exist to those prohibitions, and,
WHEREAS, the United States Supreme Court held that federal laws which ban the use of
marihuana for medical purposes are constitutional in the case of Gonzales v Raich (2005) 545
U.S 1, and,
WHEREAS, the City Council has reviewed and considered the Staff Report prepared by the City
Attorney's Office, and supporting documents, regarding the secondary effects of medical
marijuana dispensaries, including reports of criminal activity, such as robberies, assaults,
burglaries, and the sale of illegal drugs, murder and attempted murder, which is contrary to
policies that are intended to promote and maintain the public's health, safety, and welfare, and,
WHEREAS, in some counties, medical marihuana delivery services are currently provided,
which are not permitted by either state or federal law, and,
WHEREAS, a "qualified patient," as defined in subsection (f) of section 11362 7 of the
California Health & Safety Code, and a "primary caregiver," as defined in subsection (d) of
section 11362.7, are permitted to possess an amount of marijuana consistent with the patient's
needs, and state law does not expressly prohibit qualified patients from growing marihuana in an
amount consistent with the patient's needs, and,
33
ITEM NUMBER A-4
DATE 04/13/10
WHEREAS, at its meeting on September 9, 2009 the City Council adopted Ordinance No 545,
which imposed a temporary 45-day moratorium on the establishment and operation of medical
marihuana facilities within the City until October 23, 2009; and,
WHEREAS, at its meeting of October 27, 2009, the City Council voted to extend the
moratorium for 10 months and 15 days and gave direction to staff to submit this draft ordinance
to the Planning Commission for review and recommendation, and,
WHEREAS, at its meeting of February 16, 2010, the Planning Commission took the following
actions regarding this draft ordinance
(1) Considered the facts and analysis, as presented in the staff report prepared
for this draft ordinance,
(2) Conducted a public hearing to obtain public testimony on this draft ordinance,
(2) Found the proposed draft ordinance consistent with the General Plan and
recommended that the City Council adopt this draft ordinance, and,
WHEREAS, this draft ordinance is categorically exempt from environmental review pursuant to
the California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3), and,
WHEREAS, this draft ordinance is consistent with the City's General Plan.
NOW, THEREFORE, the City Council of the City of Atascadero does hereby ordain as
follows
SECTION 1.Findings.
1 The foregoing recitals are true and correct.
2 At its meeting of October 27, 2009, the City Council referred this draft ordinance to the
Planning Commission for review and consideration.
3 At its meeting on February 16, 2010, the Planning Commission reviewed this draft
ordinance and adopted Resolution PC 2010-0005 recommending to the City Council that
this draft ordinance by adopted by the City
4 The prohibition of medical marijuana facilities and delivery of medical marihuana in the
City is consistent with federal law The sale, possession, cultivation and distribution of
cannabis is prohibited by federal law, specifically 21 U S C. sections 812 and 841, part of
the Controlled Substances Act, and marihuana continues to be a prohibited Schedule I
drug for which there is no legally accepted medical use
�rw
34
ITEM NUMBER A-4
DATE. 04/13/10
5 The impacts associated with medical marihuana facilities are detrimental to the health,
safety and welfare of the citizens such that no area of the City is an acceptable area in
which to introduce those types of impacts
6 This draft ordinance is categorically exempt from environmental review pursuant to the
California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3)
7 On March 23, 2010, the City Council conducted a public hearing on this draft ordinance,
considered the recommendation from the Planning Commission, and introduced this draft
ordinance.
SECTION 2. Repeal of Chapter 13 of Title 5 and Section 9-3.233 (s) Chapter 13 of Title 5
entitled Medical Marihuana Dispensaries and subsection (s) of Section 9-233 are hereby repealed.
SECTION 3. Amendment to Chapter 13, Title 5 Chapter 13 of Title 5 shall be entitled
Medical Marihuana Facilities and shall read as follows
Chapter 13
MEDICAL MARIJUANA FACILITIES
Sections.
5-13101 Definition.
5-13 102 Purpose and intent.
5-13 103 Prohibited within the City of Atascadero
5-13 104 Violation - Separate Offense
5-13105 Penalties
5-13106 Civil Injunction
5-13.101 Definition.
(a) A medical marijuana dispensary, cooperative or collective (hereafter "Medical Marihuana
Facility") means any facility or location, whether fixed or mobile, where medical
marihuana is made. available to and/or distributed by or to one or more of the following: a
"primary caregiver," "a qualified patient," or a person with an "identification card," as
these terms are defined in California Health and Safety Code section 11362.5 and
following.
(b) A Medical Marihuana Facility does not include the following facilities ("facilities"), or
delivery of medical marihuana to such facilities, as long as such facilities are otherwise
regulated by this code or applicable law- a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code, a health care facility licensed pursuant to
Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for
persons with chronic life-threatening illness licensed pursuant to Chapter 3 01 of Division
2 of the Health and Safety Code, a residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential
hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Nmw
35
ITEM NUMBER A-4
DATE. 04/13/10
Health and Safety Code, as long as any such use complies strictly with applicable law
including, but not limited to, Health and Safety Code section 11362.5 and following.
5-13.102 Purpose and intent.
The purpose and intent of this Chapter is to prohibit any Medical Marihuana Facility, as defined
above, within the City limits. It is recognized that it is a Federal violation under the Controlled
Substances Act to possess or distribute marihuana even if for medical purposes. Additionally,
there is evidence of an increased incidence of crime-related secondary impacts in locations
associated with a Medical Marijuana Facility, which is contrary to policies that are intended to
promote and maintain the public's health, safety, and welfare.
5-13.103 Prohibited within the City of Atascadero
The establishment or operation of a Medical Marijuana Facility as defined in this Chapter is
prohibited within the City limits In addition, delivery of medical marihuana to any person;=is
prohibited within the Cid limits except as provided in Section 5-13 101 and except for deliveries
by a primary caregiver to a qualified patient., ehib,*oa wthin the City limits."
fir✓ 5-13.104 Violation - Separate Offense
Any person who violates any provision of this Chapter shall be guilty of a separate offense for
each and every day during any portion of which any such person commits, continues, permits, or
causes a violation thereof, and shall be penalized accordingly
5-13.105 Penalties
Violation of any provision of this Chapter is a misdemeanor unless the city attorney authorizes
issuance of an infraction citation or files a complaint charging the offense as an infraction or the
court upon the prosecutorial recommendation of the city attorney determines that the offense is
an infraction."
5-13.106 Civil Injunction
The violation of section 5-13 103 shall be and is hereby declared to be a public nuisance and
contrary to the public interest and shall, at the discretion of the City, create a cause of action for
injunctive relief
SECTION 4. This Ordinance is consistent with protection of the public interest, health, safety,
convenience, and welfare of the City This ordinance is hereby found to be categorically exempt
**Ave from environmental review pursuant to the California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3)
36
ITEM NUMBER. A-4
DATE. 04/13/10
SECTION 5. Publication. The City Clerk shall cause this ordinance to be published once within
fifteen (15) days after its passage in a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 65090 of the Government Code
SECTION 6. Severability If any section, subsection, sentence, clause, or phrase of the
Ordinance is, for any reason, found to be invalid or unconstitutional, such finding shall not affect
the remaining portions of this Ordinance
The City Council hereby declares that it would have passed this Ordinance by section,
subsection, sentence, clause, or phrase irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases are declared unconstitutional
Introduced at a regular meeting of the City Council held on March 23, 2010, and passed and
adopted by the City Council of the City of Atascadero on the _day of , 2010 by
the following vote
AYES
NOES
ABSTAIN *W�
ABSENT
CITY OF ATASCADERO
Roberta Fonzi, Mayor
ATTEST
Marcia McClure Torgerson, C.M.0 , City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
37
ITEM NUMBER A- 5
DATE. 04/13/10
r nn P7.
=g
1970 r_7
Atascadero City Council
Staff Report - Community Services Department
Proposed Charles Paddock Memorial Statue
RECOMMENDATION
The Parks and Recreation Commission recommends Council approve the proposed
Memorial statue, in honor of the late Charles Paddock, to be located in the new entry
plaza of the Zoo
DISCUSSION
Background Charles Paddock founded the Zoo at Atascadero Lake Park in 1955 He
was the County Park Ranger at the time, and was very involved in the community,
including serving as a Boy Scout Leader Mr Paddock initially took in sick and injured
animals that could not be returned to the wild and rehabilitated them The collection he
founded grew into a menagerie that eventually evolved into the accredited Zoo the City
of Atascadero operates today
Many people have expressed that as time goes on, fewer people are aware of Mr
Paddock's contributions to the Zoo, and visitors from outside Atascadero have no
knowledge of his legacy To preserve his legacy for future generations, City Council
Member Bob Kelley has brought forward a proposal to have a statue created in honor of
the late Charles Paddock, to pay tribute to his significant contributions to the community
of Atascadero It is suggested that the statue be located in the new entry plaza of the
Charles Paddock Zoo, after construction is complete Mark Greenaway, a prominent
local artist, designed the life-size statue which is proposed to be constructed of bronze,
with a concrete and granite base Mr Paddock would be holding a possum, a species in
the original Zoo A drawing of the proposed statue is included (Attachment A) The
statue would be of a height and configuration so that the public would be encouraged to
touch the possum, particularly children
The Parks and Recreation Commission reviewed and discussed this item at the
February 18, 2010 meeting No recommendation could be made at that time because
the Arts in Public Places Policy was under review by the City Council
38
Attachment A
On February 23, 2010, the City Council approved the revisions to the Arts in Public
Places Policy Attached is a copy of the revised Policy (Attachment B)
The Parks and Recreation Commission reviewed the proposed statue again, and heard
Public Comment at their March 18, 2010 meeting There was extensive public notice
given in preparation for this hearing Some of the primary items of concern that the
Commission considered when reviewing the artwork were
• Is the artwork appropriate for the location and any themes that may exist?
• Is it in character with the community, the specific location, and in good taste for a
publicly owned space?
• Are the materials and size of the artwork suitable for the location?
• What will the costs to the City be of the proposed artwork? (If any)
• Can the proposed statue be reasonably maintained by the City without
considerable additional expense?
• Can the artwork be easily vandalized?
• What are the concerns of the public about the proposed artwork?
After reviewing, the Commission unanimously recommended approval of the proposed
Memorial statue to the City Council Both the Commission and Zoo staff support the
efforts by Council Member Kelley, and others, to honor and remember Mr Paddock.
The Council may approve, deny or modify the proposed artwork. Per the Arts in Public
Places Policy, the item is placed on the City Council's Consent Calendar for action
FISCAL IMPACT
The project will be funded through community donations Maintenance costs are to be
determined by input from the artist.
ATTACHMENTS
Attachment A. Drawing of Proposed Statue by Mark Greenaway
Attachment B 2010 Adopted Arts in Public Places Policy
Vftwl
40
ATTACHMENT A
f
r`
41
Attachment B
CITY OF ATASCADERO
ARTS IN PUBLIC PLACES POLICY
(Amended February 23, 2010)
I. GOALS AND OBJECTIVES
The ultimate purpose of the procedures and standards set forth herein is to encourage
appreciation, acceptance, and support by the public of visual arts in public places owned
or leased by the City of Atascadero Art is both a permanent and changing reflection of
what the community holds important. The Arts in Public Places Policy should reflect and
communicate community values and enhance the quality of life of the citizens of the City
of Atascadero The goals and objectives of the Arts in Public Places Program are to
direct the inclusion of works of art in City capital improvement projects and public
places, including City-owned or leased buildings and parks, to create a more livable City,
engage and attract a wide spectrum of citizens and visitors, stimulate the vitality and
economy of the City of Atascadero, and enhance the community environment.
II. DEFINITION OF ART IN PUBLIC PLACES
Arts in Public Places is defined as all art including, but not limited to, sculptures, murals,
paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental
works. It includes all artwork that is to be displayed longer than 30 days on or in a
publicly owned or leased facility or park, or publicly owned or leased open space or
easement.
III. PROCEDURE
A. Submittal to Community Services Department
Works of art may be donated to, or purchased by, the City of Atascadero to be
placed in publicly owned or leased property Plans for proposed artwork and its
placement must be submitted by the artist, or sponsoring group, to the Community
Services Department. A standardized proposal application form will be required
as part of the submittal package. It shall include sufficient data upon which to
properly evaluate the project. A full-color rendering shall be submitted as part of
the proposal. Copies of the application shall be transmitted for comments to all
affected City Departments, including Community Development.
B Parks and Recreation Commission Review
Upon staff review, the proposed artwork shall be forwarded to the Parks and
Recreation Commission for public review and recommendation The
Commission shall evaluate the appropriateness of the artwork using the selection
standards, and weighing the public input received. The Commission shall
recommend to the City Council to approve, refect, or suggest modifications to the
project.
42
It shall be the function and purpose of the Parks and Recreation Commission to
1 Review proposed project applications and implement selection
standards
2. Set standards and procedures for the construction and maintenance of
art in public places. Such standards are to be consistent with the
requirements of the City general plan and land use element.
3 Advise the City regarding the amounts and sources of fund to be
expended on artwork.
4 Advise and assist in obtaining financial assistance for visual art from
private, public and corporate sources.
5 Survey available or potentially available sites on publicly-owned
facilities and open areas within the City
6 Assist in the establishment of appropriate themes for areas in the City
along with general recommendations for size and placement of
artwork in those areas.
7 Encourage and assist in community participation that promotes public
involvement in the arts
C. Consideration by the City Council
The City Council's consideration of the artwork shall be placed on the consent
agenda, unless removed for separate action. If the project is rejected, specific
reasons for the refection shall be communicated to the proposer If the proposer
agrees to the suggested modifications, the proposal may be reconsidered by the
City Council.
IV SELECTION STANDARDS
The selection of works of art for the City of Atascadero, Arts in Public Places Program,
shall be based on the following criteria.
1 Artistic excellence, innovation and originality
2. Appropriateness of the artwork in terms of scale, form, content and the
environment.
3 Durability of the artwork relative to theft, vandalism, and the environment.
4 Materials and methods shall be suitable for durable outdoor display
5 The program shall strive for diversity in style, scale, media, and numbers of artists
represented.
43
6 Selection shall be based on the compatibility of design and location within a
unified design character or historical character of site, preservation and
integration of natural features of the project.
7 Ability to maintain the project.
A further requirement shall be the execution of an appropriate contract related to the
rights and duties of the parties involved in the creation, display, maintenance and
ownership of the completed artwork.
err
44
ITEM NUMBER A-6
DATE. 04/13/10
rdnfl; r r, r
is' r r r ■•70—7
Atascadero City Council
Staff Report - Police Department
Supplemental Law Enforcement Services Fund
RECOMMENDATIONS
Council
1 Designate and approve spending plan for $100,000 of 2009/2010 Supplemental
Law Enforcement Services Fund (SLESF) monies to be used for frontline police
services, and,
2 Approve re-allocation of $27,380 in encumbered 2008/2009 SLESF funds to be
utilized for the purchase of a Communications Center upgrade (Cali Logger)
DISCUSSION
The State of California has awarded the City of Atascadero $100,000 00 in SLESF
monies for 2009/2010 This amount is awarded annually for each city and is intended to
finance frontline police services Staff has identified opportunities in which the proceeds
may be used most effectively, and these opportunities are listed below and fully
described on the attached Spending Plan The Government Code requires the City
Council approve appropriation of the funds. The Police Chief has the discretion, if
necessary, of redirecting up to 25% of the total grant funds between the spending
categories
• EOC Improvements $ 52,450
• Speed Survey $ 19,000
• Critical Response Equipment $ 16,350
• Reserve/Contract/Cadet Personnel $ 7,000
• Other Frontline Police Support $ 2,700
• Call Logger $ 2,500
In addition to requesting approval of the 2009/2010 grant award, staff is requesting that
Council reallocate currently encumbered but unspent 2008/2009 grant funds It has
recently come to staff's attention that the Voice Logger, a piece of equipment that
records the content and details of calls into the Call Center, needs to be replaced
46
ITEM NUMBER A-6
DATE. 04/13/10
Funds are not budgeted for this in the General Fund, but by reallocating a portion of the
unspent 2008/2009 SLESF grant and using some of the 2009/2010 grant, the Logger
can be replaced Due to purchasing efficiencies and programming changes, there is
$27,380 in the 2008/2009 grant that is currently available for reallocation to meet this
higher priority need
Voice Logger $ 27,380
Communications Center Technology Upgrade (10,000)
Speed Enforcement Equipment (5,600)
Less Lethal Equipment (1,780)
Investigative and Surveillance equipment (10,000)
Net Total $ 0
FISCAL IMPACT
The City will receive the $100,000 grant of SLESF restricted funds and will utilize it for
frontline police services
ALTERNATIVES
1 Decline the use of SLESF monies and/or decline the reallocation of existing
SLESF funds. This alternative is not recommended due to significant benefit
gained from use of these funds
2 Request the SLESF Selection Committee to revise and reallocate the spending
plans
ATTACHMENTS
1 Police Department Reallocated SLESF Spending Plan for the 2008/2009 grant
year
2 SLESF Spending Plan for the 2009/2010 grant year
47
Attachment 1
2008/2009 SLESF Reallocation Spending Plan
• Communications Center Voice Logger $32 000 00
(Existing service contract budgeted funds will be reallocated to new equipment)
JUSTIFICATION
There are two pieces of equipment that track both incoming and outgoing voice calls
and data information
• The Voice Logger records all telephone conversations emanating from the
Communications Center The content and time of the call is very important for
criminal, risk management, and internal administrative investigations The
current antiquated Logger is not synchronized to the atomic clock. Therefore the
exact time of this information is controlled by a self synchronized internal clock
resulting in a disparity with the Computer Aided Dispatch (CAD) system The
logger must be manually reset on a periodic basis
• The Computer Aided Dispatch System (CAD) records chronology produced by
Communications Center computers in conjunction with mobile data terminals in
police cars The CAD is controlled by an internet connection to the atomic clock
resulting in a disparity with the Voice Logger
The variance between the CAD and the Voice Logger creates problems with
investigations and inconsistencies in incident reporting The purchase of a new Voice
Logger will eliminate the disparity in recording the chronology of events in addition to
providing new functionality
Current 08/09 SLESF allocated but unspent funds are available for this project:
• Communications Center Technology Upgrade $10,000
Speed Enforcement Equipment $5,600
Less Lethal Equipment $1,780
Investigative and Surveillance equipment $10,000
Total Request for Reallocation $27,380
The remaining balance of $2,500 00 for the cost of the Voice Logger appears below in
the 2009/10 request.
48
4A
Attachment 2
2009-2010 SLESF SPENDING PLAN
• EOC Improvements $52,45000
• Speed Survey $19,00000
• Critical Response Equipment $16,35000
• Reserve/Contract/Cadet Personnel $ 7,00000
• Other Frontline Police Support $ 2,70000
• Call Logger $ 2,500 00
$100,000.00
Emergency Operations Center Improvements
During the month of December 2009, Atascadero City Employees and Community
Stakeholders attended emergency management training at EMI This valuable
experience provided an opportunity to consider infrastructure improvements to increase
the efficiency of our City's Emergency Operations Center This project is in partnership
with the City's Technology Department and the Fire Department. The bulk of funding for
AW this project will be split between improved technology and work stations appropriate for
a contemporary emergency operations center
Speed Survey
The Police Department is currently unable to conduct speed enforcement on a majority
of roadways using RADAR/LIDAR due to the need to update speed surveys The speed
surveys inexistence are outdated The Traffic Court Commissioner who hears all North
County contested traffic citations at the Paso Robles Branch of the San Luis Obispo
County Superior Court will not accept the outdated Atascadero City surveys as
evidence and therefore, RADAR/LIDAR citations have been dismissed In partnership
with the City Public Works Department, they have received a quote from TPG
Consultants for $18,200 Upon funding this portion of SLESF, the Public Works
Department will take the lead in overseeing the Speed Survey Project.
Critical Response Equipment
Helmets with attached face shield are utilized by officers to provide ballistic protection
from gunfire during specified high-risk incidents such as active shooter situations,
perimeter control during SWAT operations, and mobile field force (riot control) events
Currently, several officers have not been issued helmets Those that have issued
helmets possess military surplus helmets with questionable ballistic capabilities
50
Attachment 2
Additional funds would be applied to ensure every sworn officer has been issued a gas
mask for wear in environments where chemical agents have been deployed 1100
Reserve/Contract/Cadet Personnel
In conjunction with the Police Department's upcoming 5 year Strategic Plan, the
opportunity for a Reserve Officer Program to supplement existing patrol operations may
occur in the future These position(s) may also be utilized to improve efficiency in the
Investigations Unit by assisting with caseload management.
As part of the Police Department's commitment to the Sunken Gardens/Downtown
Business District Action Plan and the upcoming 5 year Strategic Plan, discussions have
occurred with the Atascadero Unified School District in contract hiring an existing school
employee to partner with the Police Department Community Response Team in
effecting positive student behavioral changes within the Sunken Garden and
surrounding areas
Finally, the current Cadet Program has been utilized to provide an increased level of
service to the community and to assist officers with routine operations that allow the
officers to engage in more pro-active patrol time
Other Frontline Police Services
Funds in the amount of $2,700 will be used for other frontline police services Among
other items, this may include a crime scene investigation video camera or bicycle
enforcement equipment.
The video camera is 10 years old and funds would be used to replace it with current
technology for crime scene video evidence preservation This video evidence may be
used for potential Jury presentation during court proceedings
Currently, standard bicycle enforcement safety equipment and specified uniform attire
does not exist within the Police Department. Identified costs includes the purchase of
equipment and uniforms that are bicycle safety oriented and provide necessary
protection during both cold and hot weather deployments
Call Logger
See above request to reallocate 08/09 SLESF funding for details regarding this project.
*400
51
ITEM NUMBER A-7
DATE. 04/13/10
n
XQ i9 e
Atascadero City Council
Staff Report - Public Works Department
Award for the Wastewater Electronic Control
and Monitoring System Project Phase I
City Bid No. 2010-01
RECOMMENDATION
Council authorize the City Manager to execute an agreement with Electricraft Inc in the
amount of $216,383 00, for the Treatment Plant Master Control Improvement Project.
DISCUSSION
Background The project consists of removal and replacement of existing controllers
with new electronic controllers with radio telemetry at Colony Park Pump Station,
installation of repeater radio systems at existing antenna sites of Castlerock and
Atascadero State Hospital, and installation of the master SCADA (Supervisory Control
and Data) Center at Atascadero Wastewater Treatment Plant. The benefits of this
project include the ability to monitor and control aspects of the City's wastewater
system resulting in the minimization of Sewer System Overflows The SCADA system
identifies the overall status of wastewater lift stations and treatment facilities including
equipment breakdowns and pump efficiencies in real time In addition, the SCADA
system contains a more dependable alarm system and historical data storage
component which will aid the City with regulatory reporting requirements as well as
planning of wastewater infrastructure rehabilitation projects
Analysis. Phase 1 of the Waste Water System SCADA Project was advertised in 13
plan rooms throughout California on February 12, 2010, and in the Atascadero News
February 19, 2010, and March 3, 2010 Three (3) bids were received The bids were
reviewed for accuracy and compliance with bidding requirements and Electricraft, Inc
was found to be the low qualified bidder, with a proposal of $184,444 00 for the base
bid Based on the amount of previously allocated project funds, staff recommends the
award of the base bid and Add-Alternate #3, the Colony Park Lift Station electronic
controls.
Conclusion. Electricraft, Inc is the successful low qualified bidder and is qualified and
prepared to complete Phase 1 Waste Water System SCADA Project. Staff
52
ITEM NUMBER A-7
DATE. 04/13/10
recommends that the City Council award the project to Electricraft, Inc , and authorize
the City Manager to enter into an agreement with Electricraft Inc for $216,383 00 for
purchase and installation of Phase I- electronic master controls for the wastewater
treatment plant and Add-Alternate #3, Colony Park Lift station electronic controls
FISCAL IMPACT
Approval of this agreement will result in the expenditure of $216,383 00 previously
budgeted for this capital improvement project.
ATTACHMENT
Bid Summary 2010-001
53
Attachment
Citi, of Alascadero
Office of the Cin, Clerk
BID SUMMARY 2010 -001
TO Public works
FROM Marcia Torgerson, City Cleric
OPENED Thursday March 18, 2010 @ 2:00 p.m.
Phase f Wastewater System SCADA
PROJECT' Project
3 Bids were received and opened today, with results as follows,
Total
Name of Bidder Base Bid Price
Electricraft, Inc. $ 184,44400
Lee Wilson Electric Co. Inc $ 194,200 00
Thoma Electric, Inc $ 215,619.00
54
55
ITEM NUMBER A-8
DATE. 04/13/10
n
1918 ■ 1979
d
Atascadero City Council
Staff Report - Public Works Department
Landscape and Lighting District Maintenance Services Award
Apple Valley and De Anza Estates
RECOMMENDATION
Council authorize the City Manager to execute an agreement with Madrone
Landscapes, Inc , for landscape maintenance services in the Apple Valley and De Anza
Estates Landscape and Lighting Assessment Districts
DISCUSSION
Background The Apple Valley and De Anza Estates Landscaping and Lighting
Assessment Districts (LLA's) were established to cover the cost for the maintenance
and upkeep of the landscaping and public trail improvements The City did agree to
contribute a portion of annual costs for maintaining the open space and trails in the De
Anza Estates LLA and 50% of the cost for maintaining the Park in the Apple Valley LLA.
The City of Atascadero facilitates the maintenance management of the common area
landscaping, open space areas, trails, park facilities, and other related improvements in
the LLA's As a part of the City's maintenance obligations, formal bidding documents
were prepared and distributed for landscape maintenance services
Analysis. Bids were advertised on Friday, February 26, 2010, and Friday, March 5,
2010 Six (6) bids were received The bids were reviewed for accuracy and
compliance with bidding requirements Madrone Landscapes, Inc , was found to be the
low qualified bidder, with a proposal of $3,335 00 per month for the level of
maintenance as described in the bid documents and technical specification
The bids for landscape maintenance costs in the Apple Valley and De Anza Estates
Landscape and Lighting Assessment District were secured on a per unit/ task basis
The standard of maintenance provided by the landscaping contractor may be adjusted
based on necessary increases or decreases in the frequency of landscape
maintenance tasks desired by the residents of the LLA. Adjustments to the frequency
of the landscaping tasks will result in increased or decreased costs to the LLA.
low
56
ITEM NUMBER A-8
DATE. 04/13/10
Conclusion. Madrone Landscapes, Inc , is the successful low qualified bidder and is
qualified and prepared to maintain the landscaping in the Apple Valley and De Anza
Estates Landscape and Lighting Assessment District. Staff recommends that the City
Council authorize the City Manager to execute an agreement with Madrone
Landscapes, Inc , for the maintenance of the landscaping in the Apple Valley and De
Anza Estates Landscape and Lighting Assessment District.
FISCAL IMPACT
Approval of the agreement with Madrone Landscapes, Inc , will result in the annual
expenditure of $4,464 00 in funds from the De Anza Estates Landscape and Lighting
Assessment District and the annual expenditure of $35,556 00 in funds from the Apple
Valley Landscape and Lighting Assessment District.
The majority of these maintenance costs will be paid for by assessments on property
owners in the districts, however, the City of Atascadero is responsible for 50% of the
cost for maintaining the open space and trails in the De Anza Estates LLA and 50% of
the cost for maintaining the park in the Apple Valley LLA. The City of Atascadero
annual contributions will be $708 00 per year and $6,810 00 of budgeted funds per year
respectively
ATTACHMENT
Bid Summary
57
Attachment
Cite ofAtascadero
Office of the City Clerk
BIL} SUMMARY 2010-002
TO' Public Works
FROM: Marcia Torgerson, City Clerk
OPENED' THURSDAY MARCH 11 2010 @ 2:00 pm
PROJECT Annual Landscape Maintenance,Apple Valley&De Anza
TO- 6 Bids were received and opened today,with results as follows.
Total Total Grand Total
Name of Bidder A2RLe Vallee De Anza Estates Monthiv Bid Amount'
Madrone Landscapes Inc 2,963.00 372.00 3,335.00
Martinelli Landscape Const 2,862.93 684.79 3.54771
Green with Envy Landscaping 2.,777.50 1,262.50 4,040.00
Gilbert's Landscape 3,494.00 725.00 4,2.19.00
Armet's Landscape Inc 5,188.04 730.10 5,918.10
VOW
B&B Yardsca e&Lawn Maint 22.593.74 3,716.16 26,309.86
Note:i Gid from KD.Ianni *Project will be awarded
Landscaping arrived after the 2:00 based on grand total monthly
bid opening deadline bid amount
*AW
58
ITEM NUMBER. A-9
DATE 04/13/10
01 on m ■
n
XTi 1-97-0VOW
Atascadero City Council
Staff Report - Public Works Department
Sanitary Sewer Cleaning and Video Services Award
City Bid No 2009-013
RECOMMENDATIONS
Council
1 Authorize the City Manager to execute an agreement with Mark Simon Sewer
Maintenance in the amount of $199,980 00 for the Sanitary Sewer Cleaning and
Video Services Project; and,
2. Authorize the Administrative Service Director to appropriate an additional
$19,980 00 from Wastewater Reserve Fund to the Sanitary Sewer Cleaning and
Video Services project account.
DISCUSSION
Background The Sanitary Sewer Cleaning and Video Services project consists of a
CCTV (closed circuit television) Inspection of existing in-service gravity sewer, ranging
in size from 6-inch to 21-inch diameter Work includes a thorough inspection of the
main pipe, inspection of all visible defects and abnormal conditions, inspection of all
service connections, comparative rating of pipeline defects, detailed documentation of
inspection findings, and delivery of required data and work product.
This project also includes the cleaning of sewer pipe hydro-cleaning gravity sewer lines
between 6-inches and 21 inches in diameter, inclusive of vacuum debris removal
Hydro-cleaning will be performed with a full-size combination sewer cleaning machine
utilizing high-pressure (2000-psi), contractor will remove debris from all sewer pipelines
Analysis. The Sanitary Sewer Cleaning and Video Services was advertised in 13 plan
rooms throughout California on February 11, 2010, and in the Atascadero News on
February 17, 2010, and February 26, 2010 Five (5) bids were received The bids were
reviewed for accuracy and compliance with bidding requirements and Mark Simon
Sewer Maintenance was found to be the low qualified bidder, with a proposal of
$199,980 00 for the contract period This City Council had previously allocated
Illo ,,, $180,000 to the Wastewater Collection system budget for this project in the Fiscal Year
2009-2010 Budget. An additional appropriation of $19,800 would be necessary to
60
ITEM NUMBER. A-9
DATE 04/13/10
ensure that the entire collection system was cleaned and video-taped during this
project. The cleaning and video taping of the entire sanitary sewer collection system is
an important project and will provide long-term benefits by providing crucial information
about the condition of the approximately 70 miles of sewer-line This information will
assist in identifying areas of needed repair The appropriation of additional funds from
the wastewater reserve will have a negligible impact on the funding of future capital
improvement projects
Conclusion. Mark Simon Sewer Maintenance is the apparent low qualified bidder for
the Sanitary Sewer Cleaning and Video Services project. Staff recommends that the
City Council award the Sanitary Sewer Cleaning and Video Services project to Mark
Simon Sewer Maintenance, and authorize the City Manager to enter into an agreement
in the amount of $199,980 00 with Mark Simon Sewer Maintenance for this project.
FISCAL IMPACT
Approval of this agreement will result in the expenditure of $180,000 of previously
allocated project funds and an additional $19,980 00 from the Wastewater Reserve
Fund
ATTACHMENT
Bid Summary
61
Attachment
CifIN of Alascadero
Office of the Cite Clerk
BID SUMMARY 2009-013
TO, Public Works
FROM: Marcia Torgerson,City Clerk
OPENED MONDAY March 22,2010 @ 2:00 pm
Sanitary Sewer Cleaning&Closed-Circuit Television
PROJECT' Inspection Project
5 Bids were received and opened today with results as follows:
Total
Name of Bidder Bid Price
Mark Simon Sewer Maintenance 5 199,960.00
Mainline Utility
213.690.00
Quality Pipe Services $ 461,440.00
Empire Pipe&Cleaning $ 511.636.00
Norcal Pipline Services 5 746,370.00
fir►"
�W11rr''
62
63
ITEM NUMBER, C - 1
DATE 04/13/10
iei`8� R: i 7s a r7
Atascadero City Council
Staff Report- Community Services Department
Request to Place 1/4 Scale Replica of
S-44 Submarine, Lakeside, at Atascadero Lake Park
(Reeves)
RECOMMENDATION
The Parks and Recreation Commission recommends that Council approve a request by
Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a % scale
replica of a 1928 S-44 US Submarine, on a trial basis, for tours at Atascadero Lake
DISCUSSION
Background On March 18, 2010, the Parks and Recreation Commission considered a
request by Lloyd Reeves, the current Atascadero Lake Boat Rental Concessionaire, to
place a % scale replica of a 1928 S-44 US Submarine from WWII, for tours at
Atascadero Lake The replica submarine is approximately 42 feet (same as a 6-man
outrigger canoe) and is silent electric powered Upon descending the ladder, into the
interior, there's numerous historical information for viewing, including dive papers from
test drives off Hawaii, photos, framed newspaper clippings and other historical items
The sub would cruise the Lake, above the surface, and be able to carry up to six
passengers
Analysis Lloyd Reeves is proposing to use the replica Submarine for a variety of rental
and tour activities, including but not limited to
• Tours (not for underwater viewing)
• Utilized for local fundraisers
• School educational trips
• Special events
Lloyd Reeves is requesting a 90-day "trial period", from mid-April to mid-July if the water
level of the lake permits
v.r
64
Tours of the replica submarine would be approximately 15 — 20 minutes and the cost Iwo
would be similar to rental of paddleboats, $5 for kids and $10 for adults, with no charge
to submarine veterans Mr Reeves is estimating that he will take a loss on this with the
cost of the crane placing and removing it, as well as the insurance coverage fees His
hope is that it will attract visitors to the Lake Park, thus increasing paddleboat business
and business for the surrounding area. Mr Reeves does not believe that bringing the
submarine to Atascadero Lake will be profitable, but he would like to do it as a
community service
This agenda item was also considered by the Parks and Recreation Commission in
2002 It was denied largely based upon the opinion that the submarine did not "fit with
the character of the Lake Park." Since that time, the Faces of Freedom Veterans
Memorial has been built, and there has been more support for the proposed submarine
Some individuals have expressed to staff that they see the submarine as a
complementary addition to the Memorial and Lake Park.
Currently, the City's Municipal Code does not allow for boats with a motor greater than
one horsepower The submarine has an electric motor and is rated by watts The City
Attorney has reviewed the Municipal Code section and has indicated that the operation
of the submarine would not be prohibited in the Lake Mooring of the vessel would be
just off the dock area at the lake
The Parks and Recreation Commission raised question about whether the Fire -1
aw
Department could conduct a technical rescue on the water if the vessel was disabled or
there was an accident, such as an electrical fire They expressed concern that in the
event that passengers needed to abandon the ship for any reason, they would be able
to be rescued in a timely manner Upon further research, the Fire Department has
indicated that they are indeed able to perform a water rescue, if necessary
Another concern raised by the Commission pertained to the accessibility of the
submarine Persons in wheel chairs would be unable to go below deck. Mr Reeves
indicated that he has lifted a wheel chair on the deck in the past, but under the
Americans with Disabilities Act (ADA), the vessel would not technically be "board-able "
Conclusion. The Parks and Recreation Commission indicated the request by Lloyd
Reeves to place a replica submarine at Atascadero Lake was worth doing on a trial
basis, as proposed They also wanted to give Mr Reeves a quick response to his
request, without a long delay which could shorten the timeframe when the submarine
could be launched due to the lake water level The Commission requested that the item
be submitted to the City Council as soon as possible for consideration and a decision
FISCAL IMPACT
There is no fiscal impact to the City related to the trial submarine installation, as all
expenses related to this proposal would be the responsibility of Lloyd Reeves The City
65
would benefit from an undetermined increase in shared rental proceeds from the
submarine
ATTAC H M E NTS
A. Letter of Request by Lloyd Reeves
B Newspaper Article, "Replica Sub Visits Morro Bay"
C Newspaper Article, "Men Killed in Battle Honored"
D Atascadero Municipal Code Section
66
67
Attachment A
s44.0rg
Chaffin&Reeves,P.O.Bo� t1, AUMadero, Ca
(806)441-7463c
Jan. 15th 2010
d T u
(1)Description:
$44 is a 1/4 stale rep#M of.a 1928 US Submarine that saw service in WWII.
The"lass.submarines were considered obsolete but were used anyhow
'Their crews hadJt&'lot r than the modern fleet sins of the Mme. At
the end of Wffltali S-Ciaas.subs W sc
with this replica-being.the
closest.you will fid tai one, .�the orf�n is sllsnt electric powered. We
showed this boat canoe in the:Lake p lot and it was a hit. When you
descend the I r intra it, find more hl�c kftmatlon:i iu 3 dive
papers from. dives off " w*1I� photos of it •and storing framed
r��r c ippir s=cif it.a d°a c�ri��al t�sgram earth�the parer�.s��o cel
the crew when the sta t it. We-.hwm toured the with it
lnctuding.a trip t o R o fdt t1 a'US�b Vets oan ,n'wl We da�t ling of the
Be## VtIh it. It has'also usedb .the Monarch Grove PTA as a fund
ral r.and we.do:tom for public sohooi history classes at no charge. More
Info is available at: www.s44.org
(2)90 day trial:
I would like to try It from.mid AprilL to mid July If the mater level of the Lake
p'er'mits.
(8) Costa:
I would probabtr shorten:ft:tri to the 16-29..minua aange:and keep the
cost to -_ sem a . pedal b+cats$6.00 for. i±de And$1 u.+0 fear adults.
Subm�arme Vets.a ttie corya free. Ido not=it
idket:sales�wlll even start to
cover cost sof the c ranalo Put it in and ut let alone-the Insurance-tab
cora it. So I figure to ham a 2k�-3k lass,however it does draw.a lot of mention
which shoul��t attendance at the Lake and help our pedal boat business.
Thanksl
Uoyd fres
68
69
Attachment B
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Attachment C
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Attachment D
City of Atascadero
MUNICIPAL CODE
Title 10- Parks and Recreation
Chapter#1-Atascadero City Parks
10-1.01 Definitions.
As used in this chapter, unless the context clearly requires a different meaning, the following words
have the following meanings.
(a) "Aquaplane" means any park, surfboard, water ski or other device used for transporting,
conveying, or carrying a person who is towed or pulled by any boat by means of a rope, chain,
cable, wire, or other connection.
(b) "Department"means director of City of Atascadero Department of Public Works.
(c) "Horse"means any member of the equine family
(d) "Lake" means Atascadero Lake
(e) "Park"' means any municipal area open to the public for recreational purposes, including the
Atascadero Lake, zoo, picnic area, ball field, Sunken Gardens, and Paloma Creek Park.
(f) "Park personnel" means all department personnel charged with the responsibility of
maintenance and management of Atascadero Recreational Areas and"park personnel"
includes the Director and Assistant Director of Public Works.
(g) "Motorboat" means any vessel propelled by machinery and capable of transporting a person.
(Ord.105§1 (part), 1985)
10-1.02 Authority of park personnel
Park personnel are authorized to direct the visiting public in its use of the park according to statutes,
ordinances, rules and regulations applicable to the park. In the event of fire or other emergency, to
expedite traffic, to insure safety of the persons in the park, to insure against pollution of the lake, or to
protect property and facilities in the park, park personnel may direct the public as conditions may
require notwithstanding other provisions of this chapter
(Ord.105§1 (part), 1985)
10-1.03 Restriction of public use of parks.
Park personnel, the Chief of Police, and the Fire Chief are authorized to restrict the public use of the
park by closing the park or any park area or any of its facilities or restricting the hours of operation for
good and sufficient reasons including but not limited to the following:
(a) Sanitary protection of the watershed:
(b) Fire prevention,
(c) Construction,
(d) Dangerous or unsafe conditions;
(e) To prevent damage to the park or its facilities,
(f) Conservation of fish and game.
(Ord.105§1 (part), 1985)
10-1.04 Litter, garbage,polluting substances.
It is unlawful for any person within the park to commit any of the following acts.
(a) To throw or discharge into the waters of the lake or any stream,or place upon the shore area
thereof, any litter, garbage waste products, trash, motor oil,or other debris, or to discharge into
the lake or any stream or along the shore area thereof, any contaminating or polluting
substance of any kind whatsoever, or to use any motor or container which leaks oil or gas into
the waters of the lake,
74
(b) To dump or deposit any trash, refuse,garbage, litter or any kind of waste materials in any
portion of the Atascadero Recreational Areas except in approved containers specifically placed
and designated to receive such waste materials.
(Ord. 105§1 (part), 1985)
10-1.05 Boat washing.
It is unlawful for any person to wash a boat or motor vehicle in the lake or park area.(Ord.105§1 (part),
1985)
10-1.06 Windsurfers.
It is unlawful for any person to operate a surfboard-like vessel on any area of Atascadero Lake
(Ord.108§1 1985 Ord.105§1 (part), 1985)
10-1.07 Boat operation in prohibited areas.
It is unlawful for any person within the park to operate a boat within a prohibited area designated by
official standard waterway markers on the lake Such prohibited area shall be designated by the
Director of Public Works.
(Ord.105§1 (part), 1985)
10-1.08 Motorboats.
It is unlawful for any person within the park or lake area to operate any type of motorboat with the
exception of model boats of 1 hp or less. Model boats must have approved mufflers which reduce the
noise level of the boat.
(Ord.105§1 (part), 1985)
10-1.09 Boats on shore--Designated areas--Sleeping in.
It is unlawful for any person within the park to do any of the following acts
(a) To keep any boat on shore overnight except in an area designated and posted for such
purpose,
(b) To sleep in any boat during the hours when the lake is closed to boating;
(c) To moor any boat overnight in a location other than in an area designated and posted for
mooring,any boat so moored shall be at owner's sole risk and the City Council assumes no
liability or bailment obligation pertaining to damage loss or theft of such boat.
(Ord.105§1 (part), 1985)
10-1 10 Unattended boats.
It is unlawful for any person utilizing the area to leave any boat unattended for more than forty-eight
(48) hours except in the designated storage areas. Park personnel are authorized to impound any
boat involved in a violation of this section, and to charge a reasonable fee or fees for the release of
said boat to the owner Any such boat not claimed by the owner within thirty(30)days after written
notification of such impounding may be sold by the Director of Public Works at public auction shall
first be deducted and retained,and the remainder if any shall be paid to the owner
(Ord.105§1 (part), 1985)
10-1 11 Boat operation time restriction.
It is unlawful for any person to operate or occupy any boat on the lake between the time of one-half
(1l2) hour after sunset and one-half(1!2) hour before sunrise
(Ord 105§ 1 (part), 1985)
10-1 12 Boat operation by incapable person
It is unlawful for the owner of any boat within the park or any person having such in his charge or
control to authorize or knowingly permit the same to be operated by any person who is incapable of
75
operating such watercraft under the prevailing circumstances for any reason, including, but not limited
to, inexperience or physical or mental disability
(Ord.105§1 (part), 1985)
10-1 13 Closure of lake
Park personnel are authorized to close the lake or portions thereof,to boating, for any of the following
reasons
(a) Dangerous water or weather conditions-
(b) Unsatisfactory parking or road conditions;
(c) Construction or special event activities.
(Ord. 105§1(part), 1985)
10-1 14 Motor vehicle speed limits.
It is unlawful for any person within the park to operate a motor vehicle at a speed in excess of fifteen
(15) miles per hour,except as otherwise posted or as provided by law (Ord. 105§1 (part),1985)
10-1 15 Reckless use of vehicle.
It is unlawful for any person within the park to drive a vehicle in a careless or reckless fashion so as to
endanger the vehicle, its occupants or any person,equipment, facilities, or property
(Ord.105§i (part), 1985)
10-1 16 Road closure.
Park personnel are authorized to close any park road or parking lot.Such authorization may be for
the following reasons but are not strictly limited to
(a) Construction of facilities;
(b) Dangerous road conditions.
Such closure shall be posted or otherwise designated by park personnel and restricted to pedestrians
only--no motor vehicles.
(Ord.105§i (part),1985)
10-1 17 Conservation.
It is unlawful for any person within the park:
(a) To receive, bring, or cause to be brought into the recreation area any fish, amphibian, or
aquatic plant for any place for the purposes of propagation or use as fish bait without the
approval of the Department of Fish and Game of the State of California and the Director of
Public Works,
(b) To cut,pick, mutilate or destroy any vegetation,except when authorized by the Director of
Public Works,
(c) To remove,disfigure or cut soil or rock,except when authorized by the Director of Public
Works.
(Ord.105§1 (part),1985)
10-1 18 Damaging equipment of others.
It is unlawful for any person within the park to mutilate or destroy any equipment or facilities of others.
(Ord.105§1 (part), 1985)
10-1 19 Burning material
It is unlawful for any person within the park to throw, place or otherwise dispose of any burning
material except into authorized firepits or incinerators.
(Ord.105§1 (part), 1985)
76
10.1.20 Fireworks and explosives.
It is unlawful for any person to receive, bring,or cause to be brought into the park, any fireworks or
other explosives,or to fire any fireworks or other explosives within the park. For purposes of public
display, a permit must be issued by the Fire Chief, and only after all state and local requirements
have been met.
(Ord.105§1 (part), 1985)
10-1.21 Fire restrictions.
It is unlawful for anyone within the park to build, ignite or utilize fires except in portable stoves or
barbeque pits, of a type approved by park personnel in picnicking areas
(Ord.105§1 (part), 1985)
10-1.22 Unattended fires.
It is unlawful for anyone within the park to leave any fire unattended or to fail to put out a fire prior to
departure
(Ord.105§1 (part), 1985)
10.1.23 Combustible material disposal.
It is unlawful for anyone within the park to dispose of combustible materials other than in park trash
cans.
(Ord.105§1 (part), 1985)
10-1.24 Mistreatment of animals or birds.
It is unlawful for anyone within the park or zoo to molest, injure, or kill any animal or bird, or to allow
any child or animal under his supervision to molest, injure or kill any animal or bird.
(Ord.105§1 (part), 1985)
10-1.25 Closed areas.
It is unlawful for any person to enter any area of the park which is posted against entry, fenced or
obviously hazardous
(Ord.105§1 (part), 1985)
10-1.26 Commercial activity
It is unlawful for any person or persons to engage in any commercial activity within the park, except
as authorized by the City Council. Nonprofit agencies may be allowed to conduct fund raising events
upon approval by Public Works Exemptions for business licenses may be granted to nonprofit
agencies.
(Ord.105§1 (part), 1985)
10-1.27 Skin diving and scuba diving.
It is unlawful within the park for any person to engage in skin diving or scuba diving. (Ord. 105§1 (part),
1985)
10-1.28 Swimming.
It is unlawful for any person to swim in any area of Atascadero Lake.
(Ord.105§i (part), 1985)
10-1.29 Sign posting--Temporary structure construction.
It is unlawful for any person within the park to post or erect a sign, or to construct any temporary
structure, except by permit approved by the Public Works Director
(Ord.105§1 (part), 1985)
77
10-1.30 Hours of operation.
The hours of operation for public park areas shall be from 6:00 a.m until 10:00 p.m on a daily basis,
unless otherwise posted.Activities specifically scheduled by the City such as organized recreational
activities, are exempt from the closure time.
(Ord.105§1 (part),1985)
10-1.31 Public use fees
Public use fees for City recreational areas shall be those established by the City Council, as revised
periodically by resolution of the City Council. Such public use fees are necessary to recover costs of
services rendered, other than inspection, and costs of control of sanitation and pollution. The fees are
fixed by resolution to the Council.
(Ord,105§1 (part), 1985)
10-1.32 Animals and pets.
It is unlawful for any person within the park to commit any of the following acts
(a) To allow any animal or pet under his supervision to be in the park unless controlled by a leash
not to exceed six (6)feet in length, of,by a bridle
(b) To allow any animal or pet under his supervision to molest, inconvenience or endanger any
occupant of the park;
(c) To abandon any animal or pet under his supervision within the park;
(d) To allow any animal or pet under his supervision to be outside of an enclosed vehicle at night;
(e) To leave any animal or pet under his supervision unattended at any time,
(f) To allow animal or pet under his supervision to be in any park buildings or structures except
seeing eye and hearing dogs,
(g) To allow any animal or pet under his supervision to use the park as a waste area.
(Ord.105§1 (part),1985)
10-1.33 Overnight camping.
It is unlawful to camp overnight in any City park or parking place without a special use permit. This
permit shall be issued by the City Police Department.
(Ord.105§1' (part),1985)
10-1.34 Penalties.
Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of
Chapter 3 of Title 1 of the Atascadero Municipal Code.
(Ord.105§1 (part),1985)
78
ITEM NUMBER. C-2
DATE 04/13/10
ro
�o
1918 � 1979
_Atascadero City Council
Staff Report - City Attorney's Office
Proposed Quitclaim Deed to Be Executed by the City
Regarding the Current Library Property located at
6850 Morro Road, Atascadero
RECOMMENDATION
Council authorize the City Manager to execute the Quitclaim Deed proposed by the
County of San Luis Obispo regarding the current Library Property
DISCUSSION
The City has received a letter from the County of San Luis Obispo dated March 12,
2010, requesting that the City execute a Quitclaim Deed regarding the current Library
Property A copy of the County's letter is attached to this report (Attachment A)
The County letter explains the background for the request by the County which is to
assist in removing the deed restriction (which restricts the current library property to use
for public library purposes) so that the property can be sold and the proceeds from that
sale would be utilized by the County to secure a new Atascadero Library location
The proposed Quitclaim Deed is attached to this report (Attachment B) and is
acceptable in its form as presented
FISCAL IMPACT
No fiscal impact to the City
ALTERNATIVE
The City Council could decide not to authorize the City Manager to execute the
Quitclaim Deed.
80
ITEM NUMBER C-2
DATE 04/13/10
ATTACHMENTS
Attachment A Correspondence from County of San Luis Obispo, dated March 12,
2010
Attachment B Proposed Quitclaim Deed
81
ATTACHMENT A
County of San Luis Obispo General services Agency
GENERAL SERVICES
Janette D Pell, Director
Katie Perez, Deputy Director
March 12,2010
Wade G.McKinney City Manager
6907 El Camino Real
Atascadem,CA 93422
Dear Mr.McKinney-
As you are aware,the Polin family has been generous and instrumental in establishing the
Library in the City of Atascadero.On January 13, 1984 by way of a recorded deed from
Martin and Susan Polin,property located at 6850 Morro Road was donated to the City of
Atawadero,with the restriction that the property be used for public library purposes. The
City of Atascadero,subsequently deeded the property to the County by way ofQuitclaim
deed recorded July 23. 1987 with the same deed restriction. The County upon taking
possession oftbe property constructed a library The Atascadero Library has been run by
the County as part of the County Library Systern since that time.
The library is now experiencing critical "grmwing pains." There is serious movement in
Atascadero to expand the Library for future generations. The County has worked with
the community and the City of Atascadero to try and resolve this issue of needed
expansion. There are opportunities to secure a larger building at the heart of Atascadero,
which would serve to increase access,community use and provide the much-needed
additional space required to accommodate library needs for the citizens of Atascadero. In
order to accomplish the procurement of a larger building,The County would need the
City's permission and authorization take action to assist in removing the deed restriction
from the current location of the established Library so that the property could be sold and
the proceeds used to secure a new Atascadero Library location.
The City could assign(lie power to terminate to the County by way of the attached
Quitclaim Deed, Our County Counsel has.recommended that you have the City's
Counsel review this document before it is adopted by the Atascadero City Council via
resolution. We have spoken with the Polins and they have expressed no objections.
Thank you for your consideration,
Sincerely
Caryn MaJdalena
County Real Property Manager
1(%t Santa Aosa street San Luis Obispo,CA 93408 Phow 805.78L9200 WWW-3WWuftty.c&4*V/Pa
82
83
ATTACHMENT B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO-
Clerk of the Board of Supervisors
County of San Luis Obispo
1055 Monterey Street
San Luis Obispo, CA 93408
SPACE ABOVE THIS LINE FOR RECORDER'S USE
COUNTY BUSINESS-FREE. THIS DOCUMENT PRESENTED FOR RECORDING PURSUANT
TO GOVT CODE SECTION 27383.
QUITCLAIM DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
The City of Atascadero, a body corporate and politic,
does hereby REMISE, TRANSFER AND ASSIGN to
The County of San Luis Obispo, a Public Entity in the State of California,
All reversionary rights and interests to certain real property, including all retained
contingent estates, rights of re-entry and repossession, which are owned by the
City of Atascadero under the Quitclaim Deed dated June 30, 1987, and recorded on
July 23, 1987, in the official records of the County of San Luis Obispo, State of
California, in Volume 3025, Page 459
Executed on the day of , 2010
City of Atascadero
BY
Wade G McKinney, City Manager
State of California
County of San Luis Obispo
San Luis Obispo
On before me notary public, personally appeared, Wade G.
McKinney, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity(ies) and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
84
lodlO 1
1.04
ITEM NUMBER E—5A
DATE 04/13/10
City of Atascadero
Quarterly Commissioner Attendance Report
January through March, 2010
Parks & Recreation Commission January 21 at . February 18th March 18th
Barbie Butz P P P
Daniel Chacon P P P
Christian Cooper P A(E) P
Susan Greenaway P P P
Sorrel Marks P P A(E)
Bill Wachtel P P P
Tom Zirk P P P
Planning Commission January February March
5th 19th 2nd 16th 2nd 16th
Sandy Jack Meeting p P P p Meeting
David Bentz Cancelled p p p p Cancelled
Len Colamarino P P P P
Heather Moreno Meeting p p p p Meeting
Dennis Schmidt Cancelled p p p p Cancelled
Brian Sturtevant P P P P P
Chuck Ward P P P P P
P= Present A=Absent A(E)= Excused Absence
86