HomeMy WebLinkAboutAgenda Packet 052609 r�r ; rr
x'91$ r 's s CITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, May 26, 2009
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
CLOSED SESSION 5 00 P M.
1 PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY MANAGER
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY ATTORNEY
3. ADJOURN
1
CLOSE-C SESSION REPORT
CIS,. COUNCIL REGULAR SESSION 6.00 P M.
PLEDGE" OF ALLEGIANCE Council Member Kelley
ROLA_ CALL. Mayor Beraud
Mayor Pro Tem Fonzi
Council Member Clay
Council Member Kelley
Council Member O'Malley
'XPV `)VAL OF AGENDA. Roll Call
11ENTATION
1 Commendation to Marjorie R. Mackey for Outstanding Contributions to
the Community
Aa 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 — April 14, 2009
Recommendation. Council approve the City Council Meeting Draft
Minutes of April 14, 2009 [City Clerk]
2. City Council Meeting Draft Minutes —April 28, 2009
■ Recommendation. Council approve the City Council Draft Minutes of April
28, 2009 [City Clerk]
2
3. San Andres Avenue Road Rehabilitation Project Award - City Bid No.
2009-007
err ■ Fiscal Impact: $226,628 90 budgeted from Gas Tax funds
• Recommendations. Council
1 Authorize the City Manager to execute a contract with A Jay
Excavating Inc in the amount of $226,628 90 for construction of the
San Andres Avenue Rehabilitation Project; and,
2 Authorize the Public Works Director to intermittently close portions of
San Andres Avenue during the construction period, and,
3 Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Public Works]
4 Appointment of Public Works Director Russ Thompson to the Water
Resources Advisory Committee (WRAC)
■ Fiscal Impact: None
■ Recommendation. Council appoint Public Works Director Russ
Thompson, as the City of Atascadero representative to serve on the Water
Resources Advisory Committee (WRAC) [Public Works]
5. Colony Park Community Center Proiect Completion (City Bid No. 2006-
013
■ Fiscal Impact: Release of retention in the amount of $66,017 16
■ Recommendations. Council
1 Accept the work of Wysong Construction, Inc., as complete, and,
2 Authorize the Public Works Director to sign and file the Notice of
Completion, and,
3 Authorize the Administrative Services Director to release the retention
to the Contractor per the California Contract Code [Public Works]
6 Final Map 2007-0158 (Parcel Map AT 06-0047) 7155 Valle Ave. (TPM
2006-0084) - Sean Knoph
■ Fiscal Impact: None
■ Recommendations. City Council
1 Adopt and approve Final Parcel Map 2007-0158 (Parcel Map AT 06-
0047), and,
2 Authorize and direct the City Clerk to endorse the Council's approval
on the Map [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 )
3
F 061]J ; HEARINGS
i Amendment of Section 3-5.105 of the Atascadero Municipal Code
1;)#rtaining to Cardrooms
■ Ex Parte Communications
Fiscal Impact: None
Recommendation. Council introduce for first reading, by title only, the
Draft Ordinance amending Section 3-5 105 of the Atascadero Municipal
Code to clarify the number of card tables that may be licensed within the
City [City Attorney]
C MANAGEMENT REPORTS
1 Del Rio Road Specific Plan and EIR - Wal-Mart / The Annex - Award of
EIR Contract
Fiscal Impact:
Walmart will be responsible for the payment of all consultant costs related
to the preparation of the EIR. The City's cost recovery fees require that a
10% administration fee be paid to cover staff time related to preparing the
EIR. The EIR will be revenue neutral to the City of Atascadero The sales
tax, property tax and permit fees for the Walmart / Annex project are
expected to generate significantly positive revenue for the City of
Atascadero
Recommendation. Council authorize the City Manager to execute a
contract with Michael Brandman Associates in the amount $427,615 00 to
provide professional services for the preparation of an Environment
Impact Report (EIR) for the Del Rio Road Specific Plan [Community
Development]
2. AB 811- Clean Energy Financing Program - Issues and Options
Fiscal Impact: Consultant and promotion costs are expected to be under
$1000 Staff costs will likely exceed 100 hours and require long term
administration from the Finance Department.
Recommendation. Council adopt Draft Resolution A endorsing an AB 811
program, specifically solar power generation and energy improvements, in
Atascadero and direct staff to issue a request for proposals for a
consultant to create a renewable energy financing district in Atascadero
[Community Development]
4
3. Stadium Park
a. PLN 2009-1325 - General Plan Amendment Cycle 2009-1 - General
Plan Amendment, Zone Chancre General Plan Consistency
Determination and Lot Line Adjustment for Stadium Park Accessway
(City of Atascadero)
■ Description. The proposed project consists of a General Plan
Amendment, Zone Map Change, General Plan consistency determination,
and Lot Line Adjustment for the purchase of property between an existing
developed residential property and Stadium Park for the purposes of
providing an accessway from Capistrano Avenue
■ Fiscal Impact: None
■ Recommendations. Planning Commission recommends City Council
1 Adopt Draft Resolution A approving General Plan Amendment 2009-
0024 amending a portion of APN 029-105-028 from SFR-Y
(Residential Single-Family—Y) to REC (Recreation) consistent with the
proposed Lot Line Adjustment; and,
2. Introduce for first reading, by title only, Draft Ordinance A amending
the zoning designation of a portion of APN 029-105-028 from RSF-Y
(Residential Single-Family—Y) to L (Recreation), and,
3 Adopt Draft Resolution B finding that the purchase of a portion of the
Renzaglia/Hughes property for inclusion as part of Stadium Park is
consistent with the General Plan as proposed for amendment; and,
4 Adopt Draft Resolution C approving Lot Line Adjustment 2009-0098
between the Renzaglia/Hughes property and Stadium Park.
[Community Development]
b Stadium Park Purchase — Approval of Purchase Agreement for a
Portion of Adiacent Property — 6900 Valle, Highway 41 and
Capistrano (City of Atascadero)
■ Description. Request for authorization to purchase property from
Renzaglia and Hughes
■ Fiscal Impact: The proposed purchase of the parcel would result in the
expenditure of a maximum amount of $210,000 for the property and
insurance and miscellaneous costs associated with the purchase of the
property and would require minimal additional expenditures for
maintenance
■ Recommendations. Council
1 Authorize the City Manager to execute a Purchase Agreement with
Gary Renzaglia and Sandra Hughes in the amount $200,000 for the
purchase of a 0.52 acre parcel of land, a portion of a lot at 6900
Valle, Atascadero, deemed necessary for adequate public access
to Stadium Park located on the northeast side of the Highway 41
Bridge near Capistrano Avenue, and,
2 Authorize the Director of Administrative Services to appropriate
$105,000 from the Parkland Facilities Fees Funds and $105,000 in
Open Space Acquisition Fees Funds for the purchase of a 0 52
acre parcel of land, a portion of a lot at 6900 Valle, Atascadero,
5
from Gary Renzaglia and Sandra Hughes, northeast of the Highway
41 Bridge, and above Capistrano Avenue [Community Services]
r,. Ula I IL 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
z�:c,, or; 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 Beraud
1 City/ Schools Committee
2 County Mayors Round Table
3 Finance Committee
4 Homeless Services Governing Board
5 Integrated Waste Management Authority (IWMA)
Mayor Pro Tem Fonzi
1 Air Pollution Control District
2. Finance Committee
Council Member Clay
1 City/ Schools Committee
Council Member Kelley
1 Atascadero State Hospital Advisory Committee
2 Atascadero Youth Task Force
Council Member O'Malley
1 Economic Vitality Corporation, Board of Directors (EVC)
2. League of California Cities — Council Liaison and CITIPAC Board Member
3 SLO Council of Governments, Vice President (SLOCOG)
4 SLO Regional Transit Authority, Vice President (SLORTA)
5 Central Coast Regional Water Quality Control Board, Member (RWQCB)
E, INDIVIDUAL DETERMINATION AND/OR ACTION
1 City Council
2 City Clerk
3 City Treasurer
4 City Attorney
5 City Manager
6
F ADJOURNMENT
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice or in written
correspondence delivered to the City Council at or prior to this public hearing Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the May 26, 2009 Regular Session of the Atascadero City Council was
posted on May 19, 2009 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 19th day of May, 2009, at Atascadero, California.
I L4-�4�U
Victoria Randall, Deputy City Clerk
City of Atascadero
°W�wr
7
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The Citv Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p m unless there is a
Comm-�iity Redevelopment Agency meeting commencing at 6:00 p.m in which event the Council meeting will commence Vmio
immediately 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 video taped
and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact
the City Clerk for more information (470-3400)
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400 Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
as:7m-1 ing 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
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
1 hip is the time items not on the Agenda may be brought to the Council's attention A maximum of 30 minutes will be
a,"iuwed for Community Forum (unless changed by the Council)
TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code)
`dernbers 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
ve111 rr;quest anyone interested to address the Council regarding the matter being considered to step up to the lectern If
;,oii 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 y,mj wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
�v)uim prior to the meeting Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed
copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your
presence and turn in the printed copy
I'he Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
ITEM NUMBER: A-1
DATE. 05/26/09
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` ` CITY OF ATA ADER
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CITY COUNCIL
DRAFT MINUTES
Tuesday, April 14, 2009
City Hall Council Chambers
6907 El Camino Real, Atascadero, California
CITY COUNCIL REGULAR SESSION 6.20 p.m.
Mayor Beraud called the meeting to order at 6.20 p m and Council Member O'Malley
led the Pledge of Allegiance
ROLL CALL.
Present: Mayor Beraud, Mayor Pro Tem Fonzi, Council Members Clay, Kelley,
and O'Malley
Absent: None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson,
and Deputy City Clerk Susanne Anshen
Staff Present: Assistant City Manager Jim Lewis, Community Development Director
Warren Frace, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Chief of Police Jim
Mulhull, and City Attorney Brian Pierik.
APPROVAL OF AGENDA.
MOTION By Mayor Pro Tem Fonzi and seconded by Council Member
Kelley to approve the agenda.
Motion passed 5.0 by a roll-call vote.
9
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes — February 10, 2009
■ Recommendation. Council approve the City Council Meeting Draft
Minutes of February 10, 2009 [City Clerk]
2. City Council Meeting Draft Minutes — February 24, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of February 24, 2009 [City Clerk]
3 Temporary Road Closure — Atascadero Main Street and Community Link
— Cinco de Mayo
■ Fiscal Impact: $190 00 per event for the installation of Road Closed signs
by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of East Mall from EI
Camino Real to Palma Avenue and Palma Avenue between East and
West Mail from 7.00 a.m to 7.00 p m. on May 2, 2009 for an event
sponsored by Atascadero Main Street and Community Link. [Public
Works]
4 Temporary Road Closure - Atascadero Bible Church
■ Fiscal Impact: $190 00 for the installation of Road Closed signs by Public
Works Staff The road closure costs will be paid by the applicant.
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of Palma Avenue
from East Mall to West Mall on Friday, May 15, 2009, from 12:00 p m. to
11 00 p.m for an event sponsored by Atascadero Bible Church [Public
Works]
5 Temporary Road Closure—American Cancer Society Relay for Life
■ Fiscal impact: The applicant will pay the $190 00 fee for the installation of
Road Closed signs by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution, establishing a
temporary tow-away zone and authorizing the closure of Palma Avenue
from East Mall to West Mall from 6.00 p m. on May 29, 2009, through
12:00 p m. on May 31, 2009, for the American Cancer Society Relay for
Life event. [Public Works]
6. Temporary Road Closure - Atascadero Main Street - "Great American
Holiday Celebration"
■ Fiscal Impact: $190 00 per event for the installation of Road Closed signs
by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of East Mall from EI
Camino Real to Palma Avenue, West Mall from EI Camino Real to Lewis
Draft CC Minutes of 04/17/2009
Page 2 of 11
Avenue, and Palma Avenue between Entrada and East Mail from 7.00
a.m to 10.00 pm on Saturday, July 11, 2009 for Atascadero Main
Street's Great American Holiday celebration [Public Works]
7 PLN 2008-1314 - Dove Creek Commercial Center Amendment - Santa
Barbara Road & EI Camino Real (PMB Development Company)
■ Description. Approval would remove the "indoor only" restriction from
"farm equipment and supply" uses in the PD-9 overlay zone
■ Fiscal Impact: The proposed project will have a positive fiscal impact on
the City by increasing sales tax revenues The store will also serve as an
anchor for the Dove Creek Shopping Center and is expected to attract
additional retail stores in the future
■ Recommendation. Council adopt on second reading, by title only, Draft
Ordinance A amending the zoning code text for Planned Development #12
(Zone Change 2008-0151) to allow outdoor sales for farm equipment and
supply establishments based on findings. [Community Development]
8. PLN 2099-0997 - Amendment to West Front Village - 9002 West Front
Road & 9000-9092 Coromar Ct. (Shannon /West Front Village, LLC)
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through a combination of road assessment districts,
landscape and lighting districts, and community facilities districts
(Conditions CUP 19 and 20/ TTM 12 and 13) Inclusion of these
conditions of approval will mitigate any negative fiscal impact on the City
At the March 24, 2009 hearing, the Council voted to amend the conditions
of approval to require the developer to maintain the freeway frontage
landscaping for a period of two years, rather than in perpetuity
Maintenance will then be taken over by the City There will be additional
cost to the City to maintain the freeway frontage landscaping after the
initial two year period
■ Recommendation. Council adopt on second reading, by title only, the Draft
Ordinance approving Zone Code Text Change 2009-0152 (PLN 2099-
0997) amending the PD-23 Overlay District Text consistent with the
revised project design based on findings [Community Development]
9 Edward Byrne Memorial Justice Assistance Grant
■ Fiscal Impact: Receipt and expenditure of $46,100 00 in federal criminal
justice grants funds.
■ Recommendation. Council approve the Police Department submission of
an application to the U S Department of Justice for federal criminal
Draft CC Minutes of 04/17/2009
Page 3 of 11
11
justice funding through the Justice Assistance Grant (JAG) with an award
of $46,100 00 [Police]
Mayor Pro Tem Fonzi pulled Item No A-9 Mayor Beraud pulled Item Nos A-7 and A-8
MOTION By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve Item Nos. A-1, A-2, A-3, A-4,
A-5 and A-6 on the Consent Calendar
Motion passed 5:0 by a roll-call vote. (Item No. A-3,
Resolution No. 2009-018; Item No. A-4, Resolution No.
2009-019, Item No. A-5, Resolution No. 2009-020; and
Item No. A-6, Resolution No. 2009-021)
Item A-8
Mayor Beraud stated that she pulled this item because she wants to vote no
PUBLIC COMMENT
Lee Perkins spoke of her disappointment that low-income housing was removed from
the equation on the West Front Village project. She also remarked Atascadero has 12
fast-food drive-through restaurants which could mean fewer restaurants willing to locate
in the City She also expressed concern the City would agree to a two year landscape
agreement relieving the developer from responsibility
Mayor Beraud closed the Public Comment Period,
Community Development Director Warren Frace explained the low-income housing
element was not dropped and explained the two options approved by the City Council
Community Development Director Warren Frace, Assistant City Manager Jim Lewis,
and City Attorney Brian Pierik answered questions of the Council
Mayor Beraud stated she will vote no on this matter because of the changes to the
residential area.
MOTION By Council Member Clay and seconded by Council
Member Kelley to adopt on second reading, by title only,
the Draft Ordinance approving Zone Code Text Change
2009-0152 (PLN 2099-0997) amending the PD-23 Overlay
District Text consistent with the revised project design
based on findings.
Motion passed 4 1 by a roll-call vote. (Beraud opposed)
(Ordinance No. 539)
`hrr
Draft CC Minutes of 04/17/2009
Page 4 of 11
r Item A-9
Mayor Pro Tem Fonzi asked for clarification as to what the grant would cover Police
Chief Jim Mulhull reviewed items to be covered by the Edward Byrne Justice Grant and
answered questions of the Council
City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated there is a
correction to the amount in the packet. Instead of $46,100 00, the amount should be
$46,11900
PUBLIC COMMENT None
Mayor Beraud closed the Public Comment period.
MOTION By Mayor Pro Tem Fonzi and seconded by Council
Member Kelley to approve the Police Department
submission of an application to the U S. Department of
Justice for federal criminal justice funding through the
Justice Assistance Grant (JAG) with an award of the
corrected figure $46,119.00.
Motion passed 5:0 by a roll-call vote.
Item A-7
Mayor Beraud presented photos of other Tractor Supply facilities and asked Community
Development Director Warren Frace to comment on them, stating her intent was to
show the public that staff has worked with Tractor Supply Company to mitigate the
appearance of the outdoor sales area and its impact on the surrounding residential
area.
Community Development Director Warren France reviewed the mitigations and
answered questions of the Council
PUBLIC COMMENT
Keith Vreeken asked that the language stating no items could be stored above the
fence line be included in the conditions, which he could not currently locate
Mike Brennler stated this was a great disservice to neighbors who purchased homes
with an expectation of the type of commercial development included, and which now
has been changed He asked the City Council to take care that the storage is not
allowed above the fence
Barbie Butz stated her oldest son purchased a condominium in Dove Creek, and now
regrets not being more involved because the zoning change impacts him personally
iiftw She asked the City to address all the concerns of the residents
Draft CC Minutes of 04/17/2009
Page 5 of 11
13
Tom Comar stated this was a good project in a wrong location as it does not fit in with
the homeowners who have concerns over the fencing and the enforcement. He also
stated the school bus stop and mail boxes need to be relocated
Mayor Beraud closed the Public Comment period.
Community Development Director Warren Frace answered additional questions of the
Council
MOTION By Council Member Clay and seconded by Council
Member Kelley to adopt on second reading, by title only,
Draft Ordinance A amending the zoning code text for
Planned Development #12 (Zone Change 2008-0151) to
allow outdoor sales for farm equipment and supply
establishments based on findings.
Motion passed 5.0 by a roll-call vote. (Ordinance #538)
UPDATES FROM THE CITY MANAGER
Assistant City Manager Jim Lewis
• Thanked the Council Members for attending a meeting sponsored by the Pacific
Gas & Electric on AB811 AB811 is a bill passed by the legislature allowing for
assessments on property in a district formed by the residents themselves for the
purpose of energy efficiency and installation of alternative energy devices, such
as solar panels, etc , which benefits property owners by allowing them to pay for
these devices over time There will be information forthcoming on this at a future
City Council meeting
• The Hoffs have met with staff and are working out some insurance issues
• The City Manager is attending a board meeting for the California Redevelopment
Association Since the President of Rabobank is also attending, he will be talking
with them about reconsidering the Colony Square project.
• He recognized Council Member O'Malley as our representative to San Luis
Obispo Council of Governments, and because of his efforts for our City, we
received an additional $1 75 million in Federal Stimulus money to finish paving
Santa Rosa Avenue and putting in a bike lane with streetscape
COMMUNITY FORUM
Grenda Ernst, President of the Atascadero Martin Poland Library, announced that
during National Library Week the Friends of the Library worked to double the library size
and started fund raising $6 million Currently, they have raised $1 million She
answered questions of the City Council and offered more information is available at
www.atascaderofriendsofthelibrary.org
Draft CC Minutes of 04/17/2009
Page 6 of 11
*4W Beverly Aho spoke of two upcoming events, a flea market on April 18 from 9 am to 2
p m where the Historical Society will have a booth, and the April 25the Colony Home
Tour featuring five homes and an additional five that are currently for sale
Lee Perkins noted some questions have not been answered from Community Forum,
and spoke of the alarming number of fast-food, drive-through restaurants in the City
Karen Hampshire, speaking on the De Anza Trail for horseback riding, bicycling and
hiking, noted a couple of months ago that she encountered dirt bike riders and
expressed her concern for safety She asked that they be kept off the trails, and asked
if posting signs with contact information or posting information on the City website as to
who to contact for patrol would be possible
Barbie Butz noted it is Marge Mackey's 88th Birthday and asked everyone to wish her a
happy birthday She spoke of Mrs Mackey's many accomplishments including being
the first woman mayor of Atascadero
Mayor Beraud closed the Community Forum period.
Mayor Beraud spoke of the number of fast-food, drive-through restaurants and asked if
the Council wanted to bring the issue back for review There was no consensus
*r Assistant City Manager Jim Lewis stated the dirt bike riders are usually long gone by the
time police arrive, and Police Chief Jim Mulhull stated calling 911 on any cell phone will
connect to the Atascadero Police or Highway Patrol who can respond Council
Members expressed their concern with this situation suggesting this should be
discussed this summer at Strategic Planning
There was consensus of the Council Members to bring this issue back to the
Council at a later date for education and to address the barriers, restrictions and
alternatives on the trail system
Mayor Beraud suggested the City do a presentation for Marge Mackey
B. PUBLIC HEARINGS
1 Atascadero's Tourism Study and Marketing Plan Presented by Carl
Ribaudo of the Strategic Marketing Group (SMG)
■ Ex Parte Communications
■ Fiscal Impact: Tourism is included in the Council's goal of growing the
City's economy and the pursuit of Economic Development. Funding for
marketing plan items will be within currently budgeted funds, and final
implementation of action plans will be included as part of the upcoming
+ter proposed Budget.
Draft CC Minutes of 04/17/2009
Page 7 of 11
15
■ Recommendation. Council receive and file the report. [Community
Services]
Ey PARTE COMMUNICATIONS
• Council Member O'Malley stated he was Chairperson of the Economic Vitality
Corporation when they prepared a county-wide tourism study, and for the
small investment from our City, Council Member O'Malley stated we received
a large study and was pleased to have been a part of this process
Community Services Director Brady Cherry gave the staff report and introduced Carl
Ribaudo Carl Ribaudo, Strategic Marketing Group, gave a presentation on the
Atascadero Tourism Marketing Plan and answered questions of the City Council
PUBLIC COMMENT
Bruce Bevins asked if the report could be placed on city website
&eve Martin said the report is already on the City's website He noted it is very
imeresting to see the ideas put together in a cohesive fashion from all ideas, and stated
we need to create Atascadero as an end destination and capitalize on cultural tourism
with our strengths of small, intimate gathering places
Bill White, Professional Firefighters #3600, stated converting one of our lodging centers
to residential care takes away from the tourism aspects
hick Ward stated friends who have visited and provided their input have said
Atascadero is beautiful and we are unique because of our zoo and veterans' memorial
He also stated the whole section of Highway 101 through Atascadero will become part
of the Purple Heart Trail, and we will benefit from tourism from these unique features.
Barbie Butz stated she was on KPRL's Sound Off, and spoke for an hour about
Atascadero and things taking place throughout the City
Mayor Beraud closed the Public Comment period.
Carl Ribaudo spoke about the Best Western Colony Inn conversion and stated he
currently has no opinion without studying the issue Mr Ribaudo answered questions of
the City Council
There was consensus of the City Council Members to
receive and file the Atascadero's Tourism Study and Marketing
Plan Presented by Carl Ribaudo of the Strategic Marketing Group (SMG).
Draft CC Minutes of 04/17/2009
Page 8 of 11
16
4"0- C MANAGEMENT REPORTS
1 Approval of City Council Strategic Planning Goals
■ Fiscal Impact: There is no fiscal impact to the approval of these strategic
planning goals and consent to the related action plans The Council goals
and related action plans, however, are a critical part of the budget
process. Funding for implementation of the action plans will be included in
the proposed 2009-2011 Budget which will be brought before the Council
in June
■ Recommendation. Council approve strategic planning goals and consent
to related action plans [City Manager]
Council Member O'Malley suggested the Council table Item No C-1
There was a consensus of the City Council to table
Item No C - 1 to a future City Council meeting.
2. Appointment of City Council ICLEI Liaison
■ Fiscal Impact: There will be no fiscal impact regarding the appointment of
the Elected Official Liaison The Council approved a resolution to join
ICLEI at the March 24, 2009 City Council meeting The resolution
included approval of the $600 membership fee to join ICLEI to use their
software and services
■ Recommendation. Council appoint a City Council member as the Elected
Official Liaison for ICLEI [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of the City Council
PUBLIC COMMENT None
Mayor Beraud closed the Public Comment period.
MOTION By Council Member O'Malley and seconded by Council
Member Kelley to appoint Mayor Pro Tem Fonzi as the
Elected Official Liaison for ICLIE.
Motion passed 5.0 by a roll-call vote.
Draft CC Minutes of 04/17/2009
Page 9 of 11
17
3. Budget Plan 2009-2011
■ Fiscal Impact: There is no fiscal impact concerning this progress report on
the City's FY 2009-2011 Budget.
■ Recommendation. Council receive oral report regarding progress on the
FY 2009-2011 Budget. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of the City Council
PUBLIC COMMENT None
A4ayor Beraud closed the Public Comment period.
There was consensus of the Council Members to receive and file the
oral report regarding progress on FY 2009-2011 Budget.
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member O'Malley:
Council Member O'Malley reported he and Council Member Kelley attended a business
seminar led by Representative Sam Blakeslee and Atascadero was the only City
complimented by business people Noff
Council Member Clay:
Council Member Clay stated the Big Lots store opened at Mission Oaks Center next to
the Big 5 store These are benefits for the City and he asked people to patronize them.
Mayor Beraud.
Mayor Beraud stated the "buy local" idea is very important to the City
Council Member Kelley:
Council Member Kelley thanked staff and the Planning Commission who work very hard
behind the scenes to make our City very business-friendly
D COMMITTEE REPORTS
Mayor Beraud
• Mayor Beraud attended Mayors' Round Table where they discussed centralizing
dispatch for police and fire A study will come back to us in a few months.
Mayor Pro Tem Fonzi
• Mayor Pro Tem Fonzi attended an Air Pollution Control District meeting and they
are continuing to review the greenhouse gas issue
Draft CC Minutes of 04/17/2009
Paye 10 of 11
18
Now, Council Member Keiley
• Council Member Kelley attended the Atascadero Youth Task Force, who are
planning a Bonanza Day when school gets out utilizing the ball parks, skate park,
and community center
Council Member O'Malley
• The EVC took on a study as to how businesses are responding on the economic
stimulus programs and prepared a plan which positioned our area for future
funding Council Member O'Malley commended staff for providing the
information on such short notice
• League of California Cities meeting will be held starting tomorrow in Sacramento
Council Member O'Malley stated he, Bob Kelley, and Marcia McClure Torgerson
will attend and will be reporting back to the Council
• At last week's Council of Governments meeting they fought for an additional
$267,000 that was not in the budget and we able to secure these funds
• Regional Transportation Authority is holding a bike challenge coming up May 18
to 22, 2009, called "Bike to Work Week" and challenged Council Members to ride
to work and to City Hall
• Council Member O'Malley will be attending his first meeting of the Central Coast
Regional Water Quality Control Board in May; he has attended countless hours
of orientation meetings
Mayor Beraud
• May 19, 2009, there is a Special Election and passage of Propositions 1 A — E is
important to fill the shortfall in the state budget.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
City Clerk/Assistant to the City Manager Marcia McClure Tor erson reported the North
County Christian Thrift Store has signed a lease for the old McNamara building next to
Taco Bell On April 24, 2009, they will be having a BBQ to raise funds to help with the
costs, and they will be accepting donations
F ADJOURNMENT
Mayor Beraud adjourned the meeting at 8.25 p m
MINUTES PREPARED BY
Susanne Anshen, Deputy City Clerk
fir►
Draft CC Minutes of 04/17/2009
Page 11 of 11
19
..r�`
.,r�
ITEM NUMBER: A-2
DATE. 05/26/09
1979
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, April 28, 2009
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CLOSED SESSION. 5.00 P.M.
Mayor Beraud called the meeting to order at 5 00 p m
1 PUBLIC COMMENT—CLOSED SESSION - None
Mayor Beraud closed the Public Comment period.
Mayor Beraud adjourned the meeting to the Closed Session of the City Council.
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec 54957 6)
Agency designated representatives Wade McKinney, City Manager;
Jim Lewis, Assistant City Manager
Employee Organizations Service Employees International Union, Local
620; Atascadero Police Association, Mid-Management/Professional
Employees, Atascadero Firefighters Bargaining Unit; Non-Represented
Professional and Management Workers and Confidential Employees
3. ADJOURN
Mayor Beraud adjourned the Closed Session of the City Council at 6:03 p.m. to
the regular meeting of the City Council.
Mayor Beraud reconvened the City Council meeting at 6:03 p.m.
21
CLOSED SESSION REPORT
City Attorney Brian Pierik announced there were no reportable actions taken.
REGULAR SESSION 6:03 P.M.
Mayor Beraud called the meeting to order at 6 03 p m and Mayor Pro Tem Fonzi led
the Pledge of Allegiance
ROLL CALL.
Present: Mayor Beraud, Mayor Pro Tem Fonzi, Council Members Clay, Kelley,
and O'Malley
Absent: None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson,
and Deputy City Clerk Susanne Anshen
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Community Development Director Warren Frace, Community Services
Director Brady Cherry, Administrative Services Director Rachelle
Rickard, Chief of Police Jim Mulhull, and City Attorney Brian Pierik
APPROVAL OF AGENDA.
MOTION: By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve the agenda.
Motion passed 5.0 by a roll-call vote.
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes — March 10, 2009
■ Recommendation. Council approve the City Council Meeting Draft
Minutes of March 10, 2009 [City Clerk]
2. City Council Special Meeting Draft Minutes— March 12, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of March 12, 2009 [City Clerk]
3. Approval of City Council Strategic Planning Goals
■ Fiscal Impact: There is no fiscal impact to the approval of these strategic
planning goals and consent to the related action plans Funding for
Draft CC Minutes of 04/28/09
Page 2 of 11
22
implementation of the action plans will be included in the proposed 2009-
2011 Budget which will be brought before the Council in June
■ Recommendation. Council approve strategic planning goals and consent
to related action plans [City Manager]
4. Weed Refuse/Abatement Program
• Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2009-2010 Tax
Roll
■ Recommendation. City Council adopt the draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the fiscal year 2009-2010 Tax Roll [Fire]
5. George C. Beatie Skate Park Lease Agreement with Kevin Campion DBA
Paradise Coalition
■ Fiscal Impact: The basic agreement is similar to the previous agreement
with Austin Miller and Mobley's The City will pay the premium for Mr
Campion's Liability Insurance, not to exceed $3,200 annually The rent will
be one dollar per year The City will take a percentage of class and skate
camp activity conducted at the Skate Park. Contractor will provide an
annual split of 40% of contracted classes revenue for the Skate and BMX
Camps held at the Skate Park. The amount of operating funds saved
annually, by the City not operating the Skate Park directly, is
approximately $10,300 in City staff time
■ Recommendation. Council approve the partnership and authorize the City
Manager to execute the Lease Agreement between the City of Atascadero
and Kevin Campion, DBA Paradise Coalition, allowing Mr Campion to
take over operation of the George Beatie Skate Park from Austin Miller,
DBA Mobley's Boardshop [Community Services]
6. City Inspection Services
■ Fiscal Impact: Funds used to pay for inspection services will be taken
from previously allocated Capital Improvement project funds and Public
Works Department Contract Services funds
■ Recommendation. Council authorize the City Manager to enter into
ongoing contracts for contract inspection services with firms on the
"Inspection Services Qualified Firm List." [Public Works]
7 San Andres Avenue Sidewalk Project Award City Bid No. 2009-005
■ Fiscal Impact: $93,158 48 of Community Development Block Grant funds.
• Recommendations. Council
1 Reject bids submitted by RN Scott Construction and G Sosa
"%W Construction as non-responsive, and,
Draft CC Minutes of 04/28/09
Page 3 of 11
23
2. Authorize the City Manager to execute a contract with Kirk
Construction in the amount of $93,158 48 for construction of the San
Andres Avenue Sidewalk Project; and,
3 Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Public Works]
MOTION By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve the Consent Calendar
Motion passed 5:0 by a roll-call vote.
(Item A-4, Resolution #2009-022, Item A-5, Contract
#2009-004, and Item A-7, Contract#2009-005.)
UPDATES FROM THE CITY MANAGER
City Manager Wade McKinney
• Work on the North County Christian Thrift Store fire clean-up began today Staff
has been working with the tenants to relocate those businesses and revitalize the
property
• Council Member O'Malley, Kelley, City Clerk Marcia McClure Torgerson and City
Manager Wade McKinney attended the League of California Cities Conference in
Sacramento
Community Development Director Warren Frace
• Announced a Tree Replanting Program The City is giving away 500-600 Valley
and Blue Oak trees The City has sent fliers to 1,000 properties where blue and
white oaks grow Anyone is encouraged to pick them up at City Hall
Assistant City Manager Jim Lewis
• The Office of Economic Development has launched an aggressive downtown
promotional campaign at a cost of $17,000 which features downtown business
owners. The City has hired Steve Martin in a private capacity to put this program
together The program includes local radio station commercials with business
owner sound clips, print ads and television commercials on 14 channels, as well
as Internet radio spots The program also has posted information on FaceBook,
Twitter, MySpace and a great video on U-Tube
COMMUNITY FORUM
Katrin Colamarino spoke about the Friends of the Library's Expansion Campaign and
announced this Saturday from noon to 4 p m , 16 stores will be donating a portion of
their proceeds to the Library Expansion Campaign
Eric Greening spoke on the jittering fluorescent light in this meeting room that creates
problems for people with epilepsy
Draft CC Minutes of 04/28/09
Page 4 of 11
24
Mike Brennler remarked on an article on CalCoastNews cam about efforts to locate an
Indian Gaming Casino in Atascadero, naming several local citizens He encouraged
citizens to stay on top of this issue
Joanne Main, Atascadero Chamber of Commerce, announced free business classes
offered at noon on Thursday May 7tr' and 21St at the Chamber office taught by Israel
Dominguez. Bring your lunch
Steve Martin, Atascadero Main Street, stated they are moving into their new
headquarters on Monday and noted upcoming events including the success of the Main
Street's Internet Radio Station
Thomas McGee owns a restaurant and catering service, and urged the City Council to
examine why all but one caterer are excluded from the Pavilion for events
Mayor Beraud closed the Public Comment period.
Mayor Beraud asked that the flickering light be replaced, and City Manager Wade
McKinney stated staff will bring a memorandum back on the Pavilion catering issue
B. PUBLIC HEARINGS None
C MANAGEMENT REPORTS
1 Bud et Plan 2009-2011
■ Fiscal Impact: The budget that is adopted by Council in June will be the
fiscal model to carry the City through the next two-year cycle
■ Recommendations.
1 Council find it has become necessary to abolish positions of
employment and authorize the City Manager to proceed with
necessary staff layoffs
2 Council receive and file budget update [Administrative Services]
Administrative Services Director Rachelie Rickard gave the staff report. Ms Rickard
and City Attorney Brian Pierik answered questions of the Council
PUBLIC COMMENT
Eric Greening stated the Legislature is just waiting for the election and then will make
readjustments to budget. He did not feel there is enough detail to determine the actual
deficit and impact within each department.
Draft CC Minutes of 04/28/09
Page 5 of 11
25
Len Colamarino thanked staff for their efforts on this report which has made clear the
seriousness of the situation and provides details of the problems and offers solutions
Lee Perkins stated it seems counter-productive to layoff valuable City staff when the
prospects of the City may improve in the next budget cycle due to the domino effect on
employees and their families She applauded the executive staff for taking a three
percent reduction in salaries and suggested reduced hours rather than layoffs as well as
a possible City sales tax increase
Bruce Corsaw, Local 620, pointed out some general information from the budget and
discussed the growth of staff over the last couple years He applauded the executive
staff for the three percent reduction and asked the City to be fair across the board
Scott Simons, Local 620 Union, stated their department maintains 150 miles of roads,
and cuts will impact the safety on these roads
Bruce Bevins stated he was pleased with the report but saddened by the need for
layoffs which will increase staff's workload He suggested the public chip in to maintain
the City's pride and appearance He expressed concern on reducing the public's
access to the broadcasting and webcasting of the City Council and Planning
Commission meetings, and expressed how important these records are to the citizens
Joanne Main, Atascadero Chamber of Commerce, commended staff for the job they
have done on this budget. The Chamber has anticipated a reduction in funding from
the City, but will continue to provide the necessary services to visitors and the
community
Tom Jameson, Local 620, asked that the layoffs be as equitable as possible
Ryan Smith, Local 620, stated although layoffs are hard for everyone to accept, but
because public works is looked at first for layoffs and 90 percent of customer service is
in the field, he urged the City to make layoffs fair across the board
Jim Patterson, 5th District San Luis Obispo County Supervisor, spoke of the County's
declining revenues and shared what steps the County has done to meet their budget
shortfalls, such as minimize live-body layoffs, leave vacancies unfilled, retirement
incentives, union concessions, and he encouraged the City to work with their
employees
Tom Comar stated he believes there are other options to layoffs, which decrease the
amount of money circulating in our community He said sales tax is not the answer He
spoke of Paso Robles' 10-step layoff management program and suggested taking the
$600,000 from the reserves and investigate a sales tax increase for the City
David Broadwater spoke of the County and Paso Robles' pay cuts and the foregoing of
raises to solve some of the budget shortfall He stated the 10-step layoff prevention
Draft CC Minutes of 04/28/09
Page 6 of 11
26
plan at the County works without laying off staff He commended the Executive
Management team for taking a three percent reduction
Mike Brennler handed out a Salary Survey (Exhibit A) and stated Atascadero Executive
staff is paid higher than most cities He noted that Atascadero has an Assistant City
Manager, where some other cities do not have this position
Chuck Ward stated he was impressed in the way the reductions have been organized,
but concerned with legal costs and is surprised on the amount Atascadero spends on
legal services. He suggested possibly using retired, volunteer lawyers in the City
Heather Moreno suggested a monthly action meeting for the Planning Commission and
another that would be training or non-action meetings She urged the Council not to
increase taxes.
Mayor Beraud closed the Public Comment period.
City Manager Wade McKinney stated the City could not identify specific names of
employees to be laid off He stated the City has offered a variety of voluntary furloughs
and wage reductions which require negotiating with the employee groups The City
Manager stated it is not a good time to increase the City sales tax; however, the City
Council could seek an increase which would require an election by the citizens He
stated volunteers would be welcomed by the City and asked anyone interested to
contact the City The City Manager stated they have implemented a policy of not filling
vacancies and feels they are probably ahead of the County on these figures
The City Council held a lengthy discussion on the impact of these budget cuts on City
services, and Mr McKinney answered their questions
MOTION By Council Member O'Malley and seconded by Council
Member Clay to
1 Find it has become necessary to abolish positions
of employment and authorized the City Manager
to proceed with necessary staff layoffs.
2. Receive and file the budget update.
Motion passed 5.0 on a roll-call vote.
Mayor Beraud recessed the City Council meeting at 8:05 p.m.
Mayor Beraud reconvened the City Council meeting at 8:20 p.m.
Draft CC Minutes of 04/28/09
Page 7 of 11
27
2. Ballot Measure for Elected Mayor and Discussion of Mayor and Council "4001
Member Compensation
■ Fiscal Impact: The cost to add a ballot measure to the November 2010
ballot is approximately$2,000 00
■ Recommendation. Council authorize the City Clerk to include in the
Resolutions for the General Municipal Election of November 2, 2010, the
placement of a ballot measure asking the voters if they desire to elect a
Mayor, and if so, do they want the Mayor to serve a 2 or 4-year term [City
Clerk]
City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff
report and answered questions of the City Council
PUBLIC COMMENT
Len Colamarino spoke in favor of an elected mayor, but feels the issues that would
follow if the citizens passed it needed to be addressed before this goes to the voters
Mike Latner, Cal Poly professor, spoke in favor of preference elections, which
guarantees majority rule and avoids run-off elections, and stated he favors more
responsibility for the position of the elected mayor He also favored a four-year elected
mayor and rank-order voting
Bruce Bevins agreed with Mr Latner's idea of electing the entire council and having the
one with the most votes become the Mayor
Joanne Main, Atascadero Chamber of Commerce, stated having an elected mayor of
the people provides a leader who represents the majority of the voters
Geraldine Brasher spoke in favor of a four-year term and identifying specific duties for
the Mayor prior to having an elected Mayor
Ron Walters stated the rotation process established some problems, and although he
favors an elected mayor, he is concerned for the problems that could be created He
also felt rank-order selection would not work either, and therefore, favors the City
Council members selecting the Mayor
Mike Brennler stated he cannot see the urgency to establishing an elected mayor He
also would like to have the duties of the elected mayor spelled out prior to electing a
mayor, and urged against increasing the Council pay at this budgetary crunch time
Chuck Ward said an elected mayor should be addressed as soon as possible, which
would incur the $35,000 rather than waiting until November 2010 at a cost of $2,000
He suggested the fee could come from reduction in legal fees to the City
Draft CC Minutes of 04/28/09
Page 8 of 11
28
mow► David Broadwater stated there is adequate time to review some of the questions asked
regarding the job description before we submit a ballot measure
Sandy Jack stated that having an elected Mayor brings a vision to the City, but creates
a difficult situation to get a majority vote when there are several candidates running He
agreed the duties need to be addressed and prefers a four-year position, to provide the
Mayor's position more time to accomplish goals.
Mayor Beraud closed the Public Comment period.
The City Council held a discussion on the ballot measure implications Ms. Torgerson
answered their questions
MOTION By Council Member O'Malley and seconded by Council
Member Clay to authorize the City Clerk to include in the
Resolutions for the General Municipal Election of
November 2, 2010, the placement of a ballot measure
asking the voters if they desire to elect a Mayor; and if
so, do they want the Mayor to serve a two- or four-year
term.
Motion passed 3:2 on a roll-call vote. (Kelley and
Beraud opposed)
The City Council discussed the compensation of Council Members with no decision or
action taken
3 Renewal of Contract with AGP Video and Modifications to Existing-
Internet
xistingInternet Services
■ Fiscal Impact: Favorable negotiations regarding the new contract are
expected to produce an annual savings of $4,000 If the Council wishes to
reduce the budget further, implementation of staff's recommendation to
discontinue streaming and/or archiving could result in a savings of $9,000,
while discontinuing broadcasting of the Planning Commission meetings
could further result in an additional $12,650 annual savings
■ Recommendations. Council
1 Authorize the City Manager to enter into a contract with AGP Video of
Morro Bay to provide broadcasting and channel management services
for the City's cable channel, and,
2 Discontinue streaming and/or archiving meetings via the Internet; and,
3 Discontinue broadcasting of Planning Commission meetings [City
Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of the
City Council
Draft CC Minutes of 04/28/09
Page 9 of 11
29
PUBLIC COMMENT
Nancy Castle, AGP Video, clarified the changes to the proposed contract and answered
questions of the City Council The DVDs of the meetings cost $20 and AGP provides
copies to the local libraries
Lee Perkins stated the Planning Commission and City Council meetings should be
taped
Len Colamarino stated although staff should be commended for raising the issue of
costs here, he would urge the Council to reject these costs-saving issues because the
publics' need for access to witness the decision-making process
David Broadwater strongly urged rejection of the staff recommendations and to continue
the video live-streaming, Internet access, and video and audio archiving of City Council
and Planning Commission meetings because the public needs access
Mike Brennler spoke against limiting access to video and audio broadcasting and
archiving of City meetings so the pubic had transparency of City decision-making
Bill Clayton, Chief Operations Officers of AVG Video, suggested citizens out of town can
only view the meetings over the Internet because television is local only
Tom Comar agreed the City should keep the Internet, live-streaming and archiving w
which provides transparency in the government process and provides citizens with the
widest possible access resulting in integrity by the decision-makers
Mike Latner stated although there is no question on staffs' intentions to cut costs, when
public access is reduced, we defer the cost of collecting the information to the citizens
Jim Patterson, 5th District County Supervisor, stated it is important to provide the public
every opportunity to view what their local government is doing during a time of crisis
such as this fiscal crisis we are now facing Providing access encourages public
participation in government.
Sandy Jack stated although the transparency experience in the last few years has been
a huge benefit to the City Council, we should view the savings over the next few years
to fully evaluate the benefits, or make limitations on a short-term basis He suggested
the Planning Commission meet only once a month while the economy is slow
Mayor Bdraud closed the Public Comment period.
The City Council held a discussion on alternatives City Manager Wade McKinney and
Assistant City Manager Jim Lewis answered their questions
Draft CC Minutes of 04/28/09
Page 10 of 11
30
MOTION By Council Member O'Malley and seconded by Council
Member Kelley to direct staff to prepare a cost
breakdown on an in-house system and other options on
savings while keeping service levels intact and provide
statistics on the number of hits on the Internet and live-
streaming video.
Motion passed 5.0 on a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Beraud reported attending the Friends of the Library feasibility study session and
provided a copy of the study to the City Council
D COMMITTEE REPORTS
Mayor Beraud
The Mayor's Round Table will be held in Atascadero at the Community Center on May
8th The City Finance Committee is ongoing
Council Member Clay
Council Member Clay attended the School Board budget meeting, the district budget is
also experiencing difficulties, and he reported the pool needs repairs, the bus barn is
being moved, and the old location will become a parking lot.
Council Member Kelley
Council Member Kelley attended the Youth Task Force meeting They are still planning
the Bonanza Day with the Parks and Recreation Department in June at the Community
Center
E. INDIVIDUAL DETERMINATION AND / OR ACTION None
F ADJOURNMENT 10.35 P M.
MINUTES PREPARED BY
Susanne Anshen, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office.
Exhibit A—Salary Survey—City Manager(from Mike Brennler)
Draft CC Minutes of 04/28/09
Page 11 of 11
31
ITEM NUMBER. A-3
DATE. 05/26/09
CADFgq
Atascadero City Council
Staff Report - Public Works Department
San Andres Avenue Road Rehabilitation Project Award
City Bid No. 2009-007
RECOMMENDATIONS
Council
1 Authorize the City Manager to execute a contract with A Jay Excavating Inc. in
the amount of $226,628 90 for construction of the San Andres Avenue
Rehabilitation Project; and,
2. Authorize the Public Works Director to intermittently close portions of San Andres
Avenue during the construction period, and,
3 Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the project.
DISCUSSION
Background The City Council has previously allocated funds for the re-paving of San
Andres Avenue from Santa Lucia Avenue to Atascadero Avenue The San Andres
Avenue Rehabilitation Project involves the installation of pedestrian facilities on the east
side of San Andres Avenue from Navajo Avenue to Atascadero High school driveway
across from San Marcos Road The San Andres Avenue Rehabilitation Project bid
documents specified minor drainage improvements, road surface repair and related
work to San Andres Avenue Intermittent closures of portions of San Andres Avenue
during the construction period will be necessary
Analysis The San Andres Avenue Rehabilitation Project was advertised from April 12,
2009 through Wednesday, May 13, 2009 A total of seven (7) bids were received for
this project. The bids were reviewed for accuracy and compliance with the City of
Atascadero bidding requirements A-Jay Excavating Inc is the apparent lowest
responsive bidder at$226,628.90
Conclusion. Staff recommends that the City Council authorize the City Manager to
execute a contract with A-Jay Excavating Inc. in the amount of $226,628.90 for
construction of the San Andres Avenue Road Rehabilitation Project.
1
33
FISCAL IMPACT
EXPENDITURES
Design @ 15% 22,663
Construction 226,629
Inspection /Testing/ Construction Administration @ 10% 22,663
Contingency @ 200Y(o 45,326
Total Estimated Expenditure $ 317,281
REVENUE
Gas Tax Funds 350,000
Total Allocated Revenue $ 350,000
ALTERNATIVES
1 Do not award the contract and cancel the project.
2. Direct staff to redesign and re-bid the project.
ATTACHMENT.
Bid Summary
34
BID SUMMARY
TO Public Works
FROM. Marcia Torgerson, City Clerk
BID NO.. 2009-007
OPENED Wednesday,May 13,2009 @ 2.00 pm
PROJECT San Andres Road Improvement Project
7 Bids were received and opened today, as follows
Name of Bidder Total Bid Price Add Alternate Price:
1 A.J. EXCAVATING $215,88065 $10,748.25
2 KIRK CONSTRUCTION $235,33690 $12,50000
3 WHITAKER CONSTRUCTION $240,18384 $14,33100
4 R.BURKE CONSTRUCTION $258,39766 $12,181.35
5 GRANITE CONSTRUCTION $266,942.85 $4,538 15
6 PAPICH CONSTRUCTION $322,65892 $3.25
7 CAL-PORTLAND CONSTRUCTION $364,30840 $10,748.25
8
9
10
11
12
vftw
35
J
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ITEM NUMBER: A-4
DATE. 05/26/09
isys r�r.. ' r Reye l—j
CAD,F;�i
Atascadero City Council
Staff Report - Public Works Department
Appointment of Public Works Director Russ Thompson
to the Water Resources Advisory Committee (WRAC)
RECOMMENDATION
Council appoint Public Works Director Russ Thompson, as the City of Atascadero
representative to serve on the Water Resources Advisory Committee (WRAC)
DISCUSSION
The purpose of the San Luis Obispo County Flood Control and Water Conservation
District Water Resources Advisory Committee is to advise the County Board of
Supervisors concerning all policy decisions relating to the water resources of the SLO
County Flood Control and Water Conservation District and to recommend to the Board
specific water resource programs and methods of financing water resource programs
The City of Atascadero was previously represented on the board by Steve Kahn
Formal appointment is required for the current Public Works Director, Russ Thompson
David Athey will continue to serve as the alternate member
FISCAL IMPACT.
None
37
ITEM NUMBER: A-5
DATE. 05/26/09
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1013 ■ 19 9
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Atascadero City Council
Staff Report - Public Works Department
Colony Park Community Center Project Completion
(City Bid No. 2006-013)
RECOMMENDATIONS.
Council.
1 Accept the work of Wysong Construction, Inc , as complete, and,
2. Authorize the Public Works Director to sign and file the Notice of Completion,
and,
3 Authorize the Administrative Services Director to release the retention to the
Contractor per the California Contract Code
DISCUSSION
The Colony Park Community Center project includes construction of the recreation
center, site landscaping, related driveways and parking The interior of the Center
includes a full-size gymnasium, teen center/lounge, game room, internet cafe, kitchen,
arts and crafts room, multi-purpose/dance room, a staff office and storage area.
Bfgc, architects on the project, called for bids on July 14, 2006 Three bids were
received and opened on August 15, 2006 Wysong Construction was found to be the
successful low-bidder at $6,044,902 00 Council awarded the project to Wysong
Construction on August 17, 2006
The Colony Park Community Center was finaled on November 29, 2007 Following the
final and prior to issuing a Notice of Completion, City staff directed the Contractor to
complete additional work. This work included the screening of the roof-mounted
Heating and Air Condition units Design work, permit approval and construction
contributed to the delay in issuing the Notice of Completion for the Colony Park
Community Center
39
ITEM NUMBER: A-5
DATE. 05/26/09
FISCAL IMPACT
Release of retention in the amount of $66,017 16
ATTACHMENT
Notice of Completion
40
ITEM NUMBER. A-5
DATE. 05/26/09
. . CITY OF ATASCADERO
19'8 ' 'a79 PUBLIC WORKS DEPARTMENT
6907 EI CAMINO REAL,ATASCADERO, CA 93422
Telephone(805)461-5000*Fax(805)461-7612
RECORDING REQUESTED BY
(and when recorded, mail to:)
Department of Public Works
6907 EI Camino Real
Atascadero, CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby given pursuant to Civil Code Section 3093.
1 The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter
described.
2. The full name of the owner is the City of Atascadero
3 The full address of the owner is 6907 Ell Camino Real, Atascadero, CA 93422
4 The nature of the interest of the owner is in fee.
5 A work of improvement on the property hereinafter described was completed on April 15, 2009.
6. The work done was the COLONY PARK COMMUNITY CENTER.
7 The name of the contractor who performed such work of improvement was Wysong Construction
Co.
Dated:
By.
Russell S.Thompson, Public Works Director
City of Atascadero
VERIFICATION
I, the undersigned, say that I am the Public Works Director, declarant of the foregoing Notice of
Completion, I have read said Notice of Completion and know the contents thereof; the same is true of my
own knowledge I declare under penalty of perjury that the foregoing is true and correct.
Executed on at the City of Atascadero, California.
By.
Russell S.Thompson, Public Works Director
City of Atascadero
41
..+r
..+
ITEM NUMBER A-6
DATE. 05/26/09
Atascadero City Council
Staff Report - Public Works Department
Final Map 2007-0158 (Parcel Map AT 06-0047)
7155 Valle Ave. (TPM 2006-0084)
Sean Knoph
RECOMMENDATIONS
City Council-
1 Adopt and approve Final Parcel Map 2007-0158 (Parcel Map AT 06-0047),
and,
2 Authorize and direct the City Clerk to endorse the Council's approval on the
Map
DISCUSSION
Tentative Parcel Map 2006-0084 was approved by the City Council on June 5,
2007 The Tentative Parcel Map approved the division of a 2.33 acre lot into two
lots of 1 and 1.33 acres.
Staff has determined that the Parcel Map is in substantial conformance with
approved Tentative Parcel Map Pursuant to California Government Code
Section 66474 1 the approving legislative body (City Council) cannot deny a
parcel map that is in substantial conformance with the previously approved
tentative map Also, Pursuant to California Government Code Section
66477 1(a), at the time the legislative body approves a parcel map, the legislative
body shall also accept, accept subject to improvement, or reject any offer of
dedication There are no offers of dedication on this map
FISCAL IMPACT- None
ATTACHMENTS.
Exhibit A. Final Map 2007-0158 (Parcel Map AT 06-0047)
43
ITEM NUMBER
p-6
exhibit A Parcel Map AT 0"047)
Final Map 2007.0158
7155 Valle Ave.
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ITEM NUMBER. B -1
DATE. 05/26/09
1919 19 9
CADS
Atascadero City Council
Staff Report- City Attorney's Office
Amendment of Section 3-5 105 of the
Atascadero Municipal Code pertaining to Cardrooms
RECOMMENDATION
Council introduce for first reading, by title only, the Draft Ordinance amending Section
3-5 105 of the Atascadero Municipal Code to clarify the number of card tables that may
be licensed within the City
DISCUSSION
The City adopted a Cardroom Ordinance in 1992 and amended the ordinance in 1999
and again in 2006 which is codified in Section 3-5 105 of the Atascadero Municipal
Code
Ordinance Number 503, adopted on November 28, 2006, provides that no more than a
total of five cardrooms shall be licensed to operate within the City and further that no
one permittee shall be authorized to operate more than a total of four (4) cardrooms in
the City A subsequent review of the ordinance revealed that Ordinance Number 503
inadvertently used the term "cardrooms" instead of "card tables" as it currently appears
in Atascadero Municipal Code Section 3-5 105(d)(1) and (2)
The Draft Ordinance submitted with this Staff Report, if adopted, will change the word
"cardrooms" to "card tables" in Municipal Code Section 3-5 105(d)(1) and (2)
Any amendment to the City's Cardroom ordinance must be submitted to the
Department of Justice for review and comment before the ordinance is adopted In
compliance with these regulations, the attached Draft Ordinance was forwarded by the
City Attorney to the Department of Justice and the proposed amendment was found
acceptable by the Department of Justice on April 17, 2009
FISCAL IMPACT None
45
ITEM NUMBER: B - 1
DATE. 05/26/09
ATTACHMENTS
1 Draft Ordinance
2. Proposed Municipal Code section 3-5 105, with revisions noted in subsection
(d)(1) and (2)
3 Email from Department of Justice dated April 17, 2009
46
Attachment 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING TITLE 3 OF THE ATASCADERO
MUNICIPAL CODE, AMENDING THE CARDROOM ORDINANCE
ADOPTED BY THE CITY OF ATASCADERO CONCERNING
THE NUMBER OF TABLES
WHEREAS, for all of the reasons set forth herein, the City Council of the City of
Atascadero ("City") desires to amend its requirements regarding the number of gambling tables
in the City
NOW THEREFORE, the City Council of the City of Atascadero DOES ORDAIN
AS FOLLOWS
Section L Findings. The City Council finds as follows.
1 The legislature, in enacting the Gambling Control Act (California Business and
Professions Code Sections 19800 et.seq ) indicated its intent to have concurrent jurisdiction with
local governments over gambling establishments in the state and to provide uniform, minimum
standards of regulations of permissible gambling activities and the operation of lawful gambling
Aftw establishments. As long as it is not inconsistent with the Act, any City or county has the
authority to prohibit any gambling activity and impose more stringent local controls or
conditions upon gambling than are imposed by the Act or by the Commission. The City may
also inspect gambling premises to enforce applicable state and local laws, impose a local tax or
license fee, and enact, amend, or enforce any local ordinance relating to licensing of gambling
establishments.
2 Ordinance Number 503, adopted on November 28, 2006, codified in Atascadero
Municipal Code Section 3-5 105 provides that no more than a total of five cardrooms shall be
licensed to operate within the City and further that no one permittee shall be authorized to
operate more than a total of four(4) cardrooms in the City,reference Section 3-5 105(d)(1) and
(2) A subsequent review of the Ordinance Number 503 revealed that the Ordinance
inadvertently used the term"cardrooms" instead of"card tables."
3 This Draft Ordinance will change the word "cardrooms"to "card tables"in Municipal
Code Section 3-5 105(d)(1) and(2)
4 Any amendment to the City's Cardroom ordinance must be submitted to the
Department of Justice for review and comment before the ordinance is adopted. In compliance
with these regulations, the attached Draft Ordinance was forwarded by the City Attorney to the
Department of Justice and the proposed amendment was found acceptable by the Department of
Justice on April 17, 2009
47
S�yction 2. Section 3-5.105(d)(1) and 3-5.105(d)(2) of the Atascadero Municipal Code are
herebv amended to read as follows:
3-5105 Cardrooms.
(d) Standards for Issuance The City Council shall consider and determine whether to issue a
license to operate a cardroom subject to the following conditions
1 No more than a total of five (5) card tables shall be licensed to operate within the
City under provisions of this chapter
2. No one permittee shall be authorized to operate more than a total of four(4) card
tables within City
Section 3. Regulations Nonexclusive.
The provisions of this ordinance regulating cardrooms are not intended to be exclusive
and compliance therewith shall not excuse noncompliance with any other regulations pertaining
to the operation of businesses as adopted by the Atascadero City Council.
Section 4 Severability.
If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or
any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this ordinance or any part thereof The City Council hereby declares that it
would have passed each section irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
Section 5. No Mandatory Duty of Care.
This ordinance is not intended to and shall not be construed or given effect in a manner that
imposes upon the City or any officer or employee thereof a mandatory duty of care towards
persons and property within or outside of the City so as to provide a basis of civil liability for
damages, except as otherwise imposed by law
Section 6. Effective Date and Notice.
This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15)
days after its passage shall be published at least once in a newspaper of general circulation
published and circulated within the City of Atascadero In lieu of publication of the full text of
the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be
published at least five (5)days prior to and fifteen (15) days after adoption by the City Council
and a certified copy shall be posted in the office of the City Clerk, pursuant to Government Code
section 36933(c)(1).
48
INTRODUCED at a regular meeting of the City Council held on ,
2009, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on , 2009 by the following roll call vote
AYES
NOES
ABSTAIN
ABSENT
CITY OF ATASCADERO
Ellen Beraud
Mayor
ATTEST
Marcia Mcclure Torgerson, C.M.C.
City Clerk
APPROVED AS TO FORM
Brian A. Pierik
City Attorney
49
Attachment 2
ti
PROPOSED LANGUAGE. ATASCADERO MUNICIPAL CODE SECTION 3-5.105
3-5.105 Cardrooms.
(a)License Required. It shall be unlawful for any person for himself/herself, or for any
other person, to engage in or carry on, maintain or conduct, or cause to be engaged in,
carried on, maintained, or conducted, any cardroom in the City without first having
secured a license from the City to do so according to each and every requirement of this
section or without complying with each and every regulation set forth in this section
pertaining to such cardroom. Each licensee and operator of a cardroom shall employ only
those persons who have obtained a work permit as defined and set forth herein.
(b)Definitions.
(1)Act. "Act" shall mean the Gambling Control Act as codified in Division 8, Chapter 5
of the California Business and Professions Code (commencing with Section 19800)
(2)Applicant. "Applicant" means every person who applies for a license to operate a
cardroom and every individual who requests a permit as provided for by this chapter
(3)Billiard Parlor For the purpose of this chapter, a"billiard parlor" or"pool room"
includes a fixed place of business of any kind where billiards, pool, snooker or eight-ball
or other sinular games tables are maintained on the premises, whether or not coin-
operated.
(4) Card Games. "Card games" as used in this chapter means all forms of card games
authorized by the State of California.
(5) Cardroom. "Cardroom" as used in this chapter means any building or structure, or any
portion of a building or structure, or any premises or place where any person or persons
are allowed to play a card game as defined in this section.
(6) Card Table. "Card table" as used in this chapter means a card table within a business
premises where there is carried on any card game for compensation, which game is not
unlawful under the provisions of California Penal Code Section 330, or any other
provision of law
(7)Chief of Police "Chief of Police" means the Chief of Police and his/her designee.
(8)Director of Administrative Services. "Director of Administrative Services" shall be the
Director and his/her designee
(9)Employee. "Employee" means every individual, employed either as an agent,
employee, or otherwise, of the licensee, as defined in this section, or under the direction
and control of the licensee of any cardroom, with or without compensation. Anyone who is
required to routinely enter into the card playing area during the course of his or her duties
is considered an employee. The term "employee" does not include a bartender, culinary
worker or other person not directly connected with the cardroom operation.
(10)License. "License" as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom within the City of
Atascadero
(11)Licensee. "Licensee" means the person, as defined in this chapter, to whom a
cardroom license has been issued pursuant to this chapter
50
(12)Person. "Person" means and includes any individual, partnership, corporation or
combination, business entity or combination thereof
(13)Work Permit. "Work permit" means a grant of permission from the Director of
Administrative Services to an individual allowed by this chapter to work as an employee in
a cardroom within the City of Atascadero
(c)License—Application—Bond. To apply for a cardroom license, a person shall take the
following steps
(1)Every applicant for a license shall first obtain a State gambling license as required by
the Gambling Control Act and the implementing regulations (California Code of
Regulations, Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq ) Every
applicant shall fully comply with the Act and the implementing regulations including, but
not limited to, Section 2050 of Title 11 of the California Code of Regulations that requires
an owner or a key employee, as defined by the Act, to be on the premises, at all times that
the establishment is open to the public unless the Division of Gambling Control authorizes
availability by telephone. Key employees must obtain a key employee license as required
by the Act;
(2)File with the City Clerk a written application, signed by the applicant, setting forth the
nature of the business that he or she wishes to engage in and the place where he or she
proposes to establish such business, including the particular building, and room or rooms,
(3)The true and correct name and address of each applicant of the building or structure
within which the cardroom is proposed to be maintained shall be included with the license
application. Written consent from the owner of the building or structure is required on the
application,
(4) Submit a bond by an authorized surety company to be approved by the City Council in
the penal sum of five hundred dollars ($500 00) payable to the City The following
condition shall be added to a cardroom license regarding the bond, when approved by the
City-
(i)
ity(i) Neither the applicant nor anyone in his/her employ in such business will violate any
ordinance of this City or any law of this State, or of the United States of America, or any
political subdivision or agency thereof, during the time for which such license is granted.
That upon a violation of the condition of such bond, the same shall be and become due and
payable to such City and the penalty thereof may be recovered in a civil action.The
conviction of, or plea of guilty by, the person to whom such license is issued, or anyone in
his employ in such business for the violation of any such ordinance or law, shall ipso facto
work a forfeiture of such bond, and any such conviction or plea of guilty shall be
conclusive evidence of such forfeiture, and in the event of such conviction or plea of guilty
the license shall be canceled,
(5) That the applicant verify with the Director of Community Development, that the
subject property zoning permits the proposed cardroom use,
(6) A statement that the applicant understands and agrees that the application shall be
considered by the City Council after a full investigation and reports, including any
available criminal and arrest and conviction offender information, have been made by the
Chief of Police, other City officials or their authorized representatives. A statement that
the applicant authorizes the City or its authorized agents to update the investigation and
background information on an annual basis if the application is approved.
(d) Standards for Issuance. The City Council shall consider and determine whether to issue
51
a license to operate a cardroom subject to the following conditions
(1) No more than a total of five (5) Ems and tables shall be licensed to operate
within the City under the provisions of this chapter
(2)No one (1)permittee shall be authorized to operate more than a total of four(4)
e= eems card tables within the City
(3)No more than four(4) card tables shall be operated and maintained within any single
business premises within the City
(4)No card table license shall be issued unless the location for the cardroom(s) is in
compliance with all applicable zoning and building regulations of the City The
Community Development Department shall review all applications to verify compliance
with the Zoning Code. The Council shall consider the effect of the operation of a cardroom
on other sensitive uses located in the vicinity of the cardroom, including but not limited to
schools, public parks or recreational areas, public buildings with programs for minors, and
religious institutions.
(5)No cardroom license shall be transferable to another location or permittee without the
approval of the City Council. Playing of all games shall be confined to those designated
areas of the cardroom premises as may be set forth in the cardroom license No playing of
any games shall be permitted at any other location within or upon the cardroom premises.
(6)No cardroom license shall be issued to any person who has been convicted of any
felony, nor to any association, partnership or corporation of which any owner thereof has
been convicted of a felony
(7) In addition to any other restrictions provided by law, no card table license shall be
issued to anyone who is disqualified from holding a State gambling license for any of the
reasons specified in California Business and Professions Code Section 19859
(8) Applicant shall provide to the City copies of all written reports filed with the Division
of Gambling Control pursuant to the Act or Title 11 of the California Code of Regulations.
(e) Cardroom Work Permit—Application and Denial.
(1) Cardroom employees must obtain a cardroom work permit from the Director of
Administrative Services or his/her designee of the City of Atascadero For the purposes of
this chapter, "cardroom enterprise employees" are defined as any natural person employed
in the operation of a gambling enterprise, including without limitation, dealers, floor
personnel, security employees, countroom personnel, cage personnel, collection personnel,
surveillance personnel, data-processing personnel, appropriate maintenance personnel,
waiters and waitresses, and secretaries, or any other natural person whose employment
duties require or authorize access to restricted gambling establishment areas Applications
for cardroom work permits shall be submitted under oath and contain the past cnnunal
record, if any, of the applicant, and such information as may be deemed necessary by the
Chief to determine whether the applicant is a proper person to be issued a cardroom work
permit. The application also shall be accompanied by fingerprints, a recent photograph of
the applicant and an amount equal to any fingerprint processing fee required by the City
(2) A cardroom work permit shall not be issued to any person who would be disqualified
from holding a State gambling license for the reasons specified in paragraphs (a) through
(g), inclusive of subdivision (a) of Section 19859 of the Act, or regarding whom the
Division of Gambling Control of the State of California has filed an objection to the City
(3)The Director of Administrative Services or his/her designee may deny issuance of
cardroom work permit for any further cause deemed reasonable by the Director The action
52
of the Director denying a cardroom work permit on the basis of this section shall be
subject to appeal to the City Council Notice of such appeal shall be filed with the City
Clerk within ten (10) days after the notice of denial of the permit. Upon failure to file
notice of appeal within the ten (10) day period, the action of the Director denying the
permit shall be final and conclusive.
(4) Cardroom work permits shall be prominently displayed in the cardrooms by any
cardroom employees when they are working.
(5)Each application for a cardroom work permit shall be accompanied by a fee as
established by City Council resolution. The fee shall not be returned in the event that the
permit is refused, revoked, or suspended, as provided in this chapter The permit shall be
valid for one (1) year from the date of issue, however, it may be prorated quarterly The
date of expiration shall be prominently displayed on the face of the permit.
(6) The holder of a cardroom work permit shall not be restricted as to place of
employment.
(7) A statement shall be signed by the applicant stating that the applicant understands and
agrees that the application shall be considered by the Director of Administrative Services
after a full investigation and reports, including any available criminal and arrest and
conviction offender information, have been made by the Chief of Police and other City
officials or their authorized representatives. A statement shall be signed by the applicant
stating that the applicant authorizes the City or its authorized agents to update the
investigation and background information on an annual basis if the application is
approved.
(f)Permit Revocation or Suspension. The Director may revoke or suspend, and take
`fir► possession of any cardroom work permit issued under this chapter, upon any violation of
the provisions of this chapter The action of the Director shall be subject to appeal to the
Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after
notice of the revocation or suspension action. Upon failure to file notice of appeal within
the ten (10) day period, the revocation or suspension of the cardroom work permit shall be
final and conclusive.
(g)Revocation of Licenses. The City Council shall have the right to revoke any cardroom
license when the possessor thereof has violated, or permitted the violation of, any of the
terms of this chapter The City Council may also revoke any cardroom license when the
business being operated is not being conducted in accordance with the public health, safety
or welfare or when, in the discretion of the City Council, it is found that the continued
operation of such business will create or is creating a policy problem for the City Prior to
revoking any cardroom license, the City Council shall cause to be served on the applicant a
notice of its intention to do so at least five (5) days prior to the date upon which it intends
to consider the matter of such revocation, and also stating the right of the licensee to
appear before the City Council and to show cause why such license should not be revoked.
The decision of the City Council with respect to such revocation shall be final
(h) Attendance by Minors No person under the age of twenty-one (21) shall be employed
in or allowed to frequent, remain in or visit any room or premises wherein is conducted or
operated any card table licensed under the provisions of this chapter
(i)Patron Security and Safety in and Around a Cardroom Establishment.
(1)Each applicant for a cardroom license, at the time of application, and annually
thereafter, at the time of cardroom license renewal, shall present a plan for security and
53
safety of patrons of the cardroom in and around the cardroom establishment. The plan
shall set forth such provisions as are necessary to ensure the safety and security of patrons,
including measures taken or instituted to avoid follow-home robberies. The holder of a
cardroom license shall be liable for the safety and security of patrons to the fullest extent
under the law Any effort on the part of a cardroom licensee to limit such liability shall be
clearly posted in such a manner as to give adequate notice to patrons. The plan shall
include a detailed summary of all known incidents involving or affecting patron security
and safety in and around the cardroom establishment for the preceding year
(2) The Chief of Police or his/her designee may require, in his or her discretion, all
cardroom licensees to implement reasonable security measures to insure the safety of
patrons including, but not limited to, hiring private uniformed security guards.If security
guards are required, the Chief of Police shall determine the number and hours of coverage.
(3)During all hours of operation, doors at the cardroom establishment shall be unlocked
and accessible to the general public and open to police inspection. Cardrooms shall be
located and so arranged that card tables and the players at the tables are plainly visible
from the door opening of the cardroom when the door is opened. No wall,partition,
screen, or similar structure between the front door opening and any card table located in
the cardroom shall be permitted if it interferes with such visibility
0)Transfer and Assignment. Any transfer or assignment of any license shall be considered
for all purposes in the same manner as a new application for a cardroom license in the
City, and all the provisions of this chapter applicable to new and original applications shall
apply
(k) Annual Fee. Licenses shall be issued on an annual basis. The annual license fee,
payable each fiscal year beginning July 1, 2006, shall be established by resolution of the
City Council. The fees shall be payable to the City after the Council has approved the
issuance of the license but prior to the issuance of the license. The operator of a cardroom
shall pay the license fee set forth in this section regardless of the license fees he/she might
pay for other businesses. If the same person operates two (2) or more cardrooms, he/she
shall pay on each cardroom the license fee set forth in this section and shall have a
separate license for each cardroom.
(1) Police Access to Premises. The City Council finds that it is necessary and in the public
interest that law enforcement officers have access to any premises in which a card table is
being operated under the terms of this chapter Any premises for which a license has been
issued under the provision of this chapter shall be deemed to constitute a public place, and
all police officers and peace officers shall at all times have access thereto during business
hours.
(m)Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four(24)hours per day Each permittee
shall clearly post the hours of operation of the cardroom so as to provide law enforcement
and cardroom patrons adequate notice of the hours of operation. If alcohol is served on the
premises (with the proper licenses from the Department of Alcohol Beverage Control), all
alcoholic beverages shall cease being served between the hours of 2.00 a.m. and 6.00 a.m.
each day
(n) Bets or Wagers. No cardroom permittee, owner or employee shall allow any person
playing in any game to make any single bet or wager in excess of five hundred dollars
($50000)
54
(1)The wagering limit shall be five hundred dollars ($500 00) in the same hand. No
cardroom owner, operator, or employee shall permit any of the following-
(i)A person malting aggregate bets in excess of five hundred dollars ($500 00)in the same
hand,
(ii)Simultaneous hands or betting squares by the same player;
(iii)Bets made by any owner, operator, or employee while on duty;
(iv)Bets made by a shill or dummy player
(2)Wagering at any table shall be linuted to table stakes. No side bets shall be perrmtted.
Table limits shall be posted in a location observable from the table The cardroom shall set
individual table stake limits, not to exceed the wagering limit. Table limits may be
changed with not less than thirty (30) minutes notice to the patrons.
(3)The wagering limit may be changed by Council resolution.
(o)Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor,
and any person found guilty thereof shall, upon conviction or plea of guilty, be punished
by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in the
fail of the City or in the jail of the County of San Luis Obispo, for not more than three (3)
months, or by both such fine and imprisonment, and when a fine is imposed the judgment
may direct that the defendant be imprisoned in the county jail until such fine is satisfied at
the rate established by the county
(p) Severability If any section, subsection, sentence, clause,phrase or portion of this
section is for any reason deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this section. The City Council of the City of Atascadero hereby
declares that it would have adopted this section and each subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact any one (1) or more subsections,
sentences, clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional (Ord. 503 § 2, 2006 Ord. 369, 1999. Ord. 258 § 1 (Exh. A (part)), 1992)
°fir°
55
Attachment 3
From Brenda Weygandt [mailto Brenda Weygandt@doj ca.gov]
Sent: Friday, April 17, 2009 3 13 PM
To: Pierik, Brian A.
Subject: RE. City of Atascadero -- Cardroom ordinance
I have reviewed the City of Atascadero's Ordinance with my Manager, Frances Asuncion and with Lina
Thomas, the previous Ordinance Analyst, and it was determined that as long as the gambling
establishment table limit is 4 and the jurisdictional table limit is 5, the proposed amendment would be
acceptable.
Brenda WeyBandt
.Associate Governmental Program Analyst
Department of,ustice
Division of Law Enforcement
Bureau of Gambling Control
Phone. 916.263.5413
Fa;•916 732.7937
56
ITEM NUMBER C-1
DATE. 05/26/09
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Atascadero City Council
Staff Report — Community Development Department
Del Rio Road Specific Plan and EIR
Wal-Mart/ The Annex
Award of EIR Contract
RECOMMENDATION
Council authorize the City Manager to execute a contract with Michael Brandman
Associates in the amount $427,615 00 to provide professional services for the
preparation of an Environment Impact Report (EIR) for the Del Rio Road Specific Plan.
DISCUSSION
Background.
Project Description and EIR
The City's Purchasing Policy provides a process for the hiring of professional services
consultants. The first step in the process is the issuance of a Request for Proposal
(RFP) to qualified consultants for proposals to perform a professional service for the
City On January 27, 2009, the City Council directed staff to issue an RFP for the Del
Rio Road Specific Plan project. At the same meeting, the Council also requested that
Walmart consider revising its project site plan and floor plan to add "out pads" and a
drive through pharmacy to the Walmart store It took Walmart sometime to review and
respond to the Council's request, and therefore the RFP could not be issued. On March
17, 2009, Walmart submitted a revised site plan that included the following (see site
plan)
• a total site area of 26 1± acres (previously 21 0± acres)
• a 157,000± square foot store (previously 146,507± square feet)
• a drive through pharmacy (previously not included)
• a tire and lube express (previously not included)
• two out pads for 15,000± square feet of free standing retail (previously not
included)
• a second driveway on EI Camino Real (previously one driveway)
57
ITEM NUMBERC-1• 05/26109
DA.-
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ITEM NUMBER
DATE. 05/26!09
Revised 3/17/09 Walmart Supercenter Site Plan
Outlot #2 �, v
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59
ITEM NUMBER C-1
DATE. 05/26/09
Staff determined the Walmart project revisions were substantially consistent with the
Council's January 27, 2009, direction and added these revisions to the preliminary
project description for the RFP The RFP was issued on March 19, 2009, two days after
,Walmart submitted their revised plans Due to the complexity and importance of this
project, a six-week response time was provided so that consultants had time to
assemble teams Staff sent out 105 RFP packages to environmental and planning
consultants throughout California. In order to brief consultants on the project and
respond to questions, staff hosted a pre-proposal meeting on April 9, 2009, that was
well attended
Proposal Review and Selection Panel
The closing date for submittal of proposals was April 30, 2009, at 5 00 p m The City
received eight proposals by the closing date A ninth proposal was received the
following morning and was rejected as a late submittal Staff reviewed the proposals
and selected seven consultants to be interviewed by the City's selection panel The
selection panel consisted of the following five members
• Warren Frace, Community Development Director
• Brian Pierik, City Attorney
• Russ Thompson, Public Works Director
• John Nall, San Luis Obispo County Environmental Coordinator
• Tom Jones, Local Business Representative
The panel conducted seven consultant interviews on May 11, 2009 The panel
developed a short list of qualified consultants Based on this short list, staff has
conducted an exhaustive reference check of the consultants Staff has focused on each
consultants' experience with Walmart EIRs in other California communities Staff was
especially interested how each firm handled the project, the project manager's
capabilities, the firm's timeliness, and ability to handle technical and legal challenges
Analysis.
Recommendation to Hire Michael Brandman Associates
Staff has determined the firm of Michael Brandman Associates (MBA) as the best
qualified firm to prepare an EIR for the Del Rio Specific Plan MBA is a renowned
planning and environmental firm in California with a 25-year history of preparing EIRs
MBA has prepared 20 separate environmental documents for Walmart projects over the
past decade MBA's work includes successfully repairing and re-processing EIRs for
the cities of Bakersfield, American Canyon, and Atwater when the original
environmental documents, prepared by other firms, were struck down by the courts As
a result, MBA is intimately knowledgeable about the legal issues related to the
processing of a Walmart EIR.
60
ITEM NUMBER C- 1
DATE. 05/26/09
Staff checked references with eight other jurisdictions that have worked with MBA on
Walmart EIRs All the references were extremely complimentary of the project team's
knowledge, capabilities, responsiveness and timeliness The project management team
for Atascadero consists of Jason Brandman and Grant Gurber who also handled the
eight jurisdictions that were reference checked MBA's budget for services was in the
middle range of all proposals received, yet they had the quickest timeline, proposing to
complete the EIR in eight months.
Reasons for Selecting MBA
• Competitive budget with no add service (of the seven bids, three were higher and
three were lower than MBA's)
• Very complete scope of work.
• Fastest timeline
• Excellent proposal and response to RFP
• Experience on 20 other Walmart projects
• Very good references for both the firm and project team
• Very knowledgeable about greenhouse gas and urban decay issues
• Experienced and knowledgeable regarding legal issues and problems on
,: Walmart EIRs
Conflict of Interest
One of the requirements of the RFP was for the consultant to not have any conflicts of
interest with either Walmart or the Rottman Group The following text was included on
page seven of the RFP-
2. Have no conflict of interest or past project history in direct representation of Walmart or the
Rottman Group, Inc. in the planning or environmental analysis of a Walmart or a Walmart-
affiliated project. The City requests disclosure of any consultant work on Walmart,
Rottman Group or Walmart-affiliated projects and a summary of the project results.
Although staff is confident that MBA is in compliance with this requirement, there are
four Walmart EIR projects where MBA did not contract directly with the city or county to
prepare the EIR (see following list) In these cases, the jurisdiction controlled the EIR
process, administrative draft documents and communication, but an intermediary firm
representing either a project developer or Walmart handled the contract and payment of
bills In speaking with these other jurisdictions, it appears this arrangement was
preferred by the jurisdictions to simplify their administrative and financial obligations
However, the contract was written and the practice was for MBA to work at the direction
of the jurisdiction and only to communicate with or distribute document to the applicant
when authorized by the jurisdiction MBA's Vice President and project manager, Jason
Brandman has been very straightforward in providing information regarding the
110 contracting details for these four projects Jason will attend the City Council meeting
and is fully prepared to respond to questions from the City Council and public regarding
V ,
61
ITEM NUMBER. C- 1
DATE. 05/26/09
these projects and explain how MBA operated at the direction of the local jurisdiction
and Walmart did not influence the EIR process
Status/DatesProject Contracting Firm
Name of Dollar
Location
Contract of Service Contract and Amount Information
Performance Received
Milpitas Active; EIR Sheppard, Mullin, Richter Milpitas Cindy Horn,City of
Walmart & Hampton (attorney Milpitas,455 East
! Expansionrepresenting Walmart) Calaveras Boulevard,
Milpitas,CA 95035,
408.586.3284(phone),
$313,170(total contract); 408.586.3305(fax)
$313,170(amount received
to date)
Patterson Active; EIR CEI Engineering(engineer Patterson Rod Simpson,City of
Plaza representing project Patterson,1 Plaza,
developer) Patterson,CA 95363,
209.895.8020(phone),
209.895.8019(fax)
$317 449(total contract);
$30,931(amount received
to date)
Del Norte Completed EIR Robert A. Karn & Del Norte Heidi Kunstal,County of
Walmart Associates(engineer County Del Norte,981 H Street,
Expansion representing Walmart) Suite 110,Crescent City
CA 95531,
707464 7254(phone)
$292,345(total contract); 707465.0340(fax)
$292,345(amount received
to date)
Highland Active EIR Gresham,Savage, Nolan City of San John Oquendo, City of
Avenue &Tilden (attorney Bernardino San Bernardino,300
Walmart representing Walmart) North D Street,San
Expansion Bernardino,CA 92418,
909.384.5057 x3337
$259,290(total contract); (phone),909.888.9413
$248,187(amount received (fax)
to date)
There is also an issue of disclosure that came up with one of MBA's subconsultants,
Bay Area Economics (BAE) BAE specializes in preparing urban blight analysis for
Walmart EIRs BAE's practice is to contract with jurisdictions or firms that are working
independently from Walmart. However, BAE made an exception in 2000 for Bozeman,
Montana. BAE was contacted by the Mayor of Bozeman who was concerned about the
economic impact of a Walmart project on the town and wanted an economic analysis
done The Mayor heard that BAE did these reports and requested one be prepared for
Bozeman Since Bozeman did not have a process for hiring or managing environmental
consultants, the contract was paid by Walmart at the City's direction Staff is satisfied
that BAE was working at the direction of the City of Bozeman to represent the city's
62
ITEM NUMBER C- 1
DATE 05/26/09
interests rather than Walmart's Staff does not think this case should disqualify BAE as
a subconsultant for MBA.
Timeline and Process
The City will have MBA under contract and prepared to start work in June 2009
However, an EIR cannot begin until a "stable project description" has been prepared for
the project. The project description is the site plans and statistics that describe what will
be built on the site The project description is literally the foundation that the entire EIR
process is built upon Any change to the project description once the EiR process has
begun threatens to undermine the legal defensibility of the EiR and may trigger revising
technical studies and public noticing The best illustration of this issue is the size of the
Waimart store The size of the store affects how much traffic will be created, which in
turn affects air quality impacts If the size of the store were to increase during the EIR
process, then the traffic studies and air quality analysis would have to be redone, and
the public and agencies like Caltrans would have to be notified of the change It is
relatively easy to envision this adding months to the process
Consequently, it is imperative that a stable project description is provided by the project
applicant and this project is endorsed by the City Council prior to beginning the EIR
process As of the printing of the staff report on May 18th, Walmart has not provided a
final project description that could be used as the basis of the specific plan and EIR.
MBA has committed to an aggressive, eight-month EIR schedule, but additional
information from the project applicant is required before this can begin
63
ITEM NUMBER C- 1
DATE. 05/26/09
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ITEM NUMBER C- 1
DATE. 05/26/09
Ccnclusion.
Staff has determined that MBA is the most qualified firm to prepare an EIR for the Del
Rio Road Specific Plan MBA is very experienced in preparing Walmart EIRs and has a
very good reputation with cities The one issue related to MBA pertains to the cases
when Walmart EIR contracts were not administered directly by the jurisdiction
However, investigation of these situations reveals that MBA was working under the
direction of the jurisdiction and the contracting relationship was set up to relieve the
jurisdiction from administrative and financial obligations MBA has an aggressive
schedule and will be under contract in June However, work on the EIR will not begin
until Walmart has completed its project description
FISCAL IMPACT
Walmart will be responsible for the payment of all consultant costs related to the
preparation of the EIR The City's cost recovery fees require that a 10% administration
fee be paid to cover staff time related to preparing the EIR The EIR will be revenue
neutral to the City of Atascadero
The sales tax, property tax and permit fees for the Walmart / Annex project are
expected to generate significantly positive revenue for the City of Atascadero
ALTERNATIVES
The City Council may refer the consultant selection recommendation back to staff for
additional review or analysis
ATTACHMENTS
Michael Brandman and Associates April 30, 2009 EIR Proposal
66
ITEM NUMBER C- 1
DATE. 05/26/09
*Sol
ATTACHMENT 1 Michael Brandman and Associates April 30, 2009 EIR Proposal
Due to the length of the attachment, it has not been printed with the staff report;
however, a complete copy is available for review in the Office of the City Clerk.
67
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ITEM NUMBER: C-2
DATE. 05/26/09
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Atascadero City Council
Staff Report— Community Development Department
AB 811- Clean Energy Financing Program
Issues and Options
RECOMMENDATION
Council adopt Draft Resolution A endorsing an AB 811 program, specifically solar power
generation and energy improvements, in Atascadero and direct staff to issue a request
for proposals for a consultant to create a renewable energy financing district in
Atascadero
DISCUSSION-
Background. The City of Atascadero is a leader in promoting alternative energy and
programs that benefit the environment. The City has endorsed the Mayor's Climate
Protection Agreement, joined ICLEI, handed out free oak trees, was the first City to join
the PG&E Climate Smart program making energy use at City facilities carbon neutral,
and has reduced energy use at all City facilities The City continues to look for ways to
be the county's leader in these efforts.
While AB 811 focuses on renewable energy, based on the amount of sunlight in our
area, solar power is a very effective alternative This report focuses on this alternative
Solar energy is recognized as a reliable and tested technology that provides clean and
renewable electrical power For decades, the cost of installing solar power was not
competitive with purchasing power from the electrical grid However, over the years,
the cost of traditional electricity has risen and the cost of solar technology has declined
to the point that they are close to parity In addition, solar energy is a renewable, green
energy source that has been identified as an important component in addressing the
issue of climate change related to greenhouse gas (GHG) emissions
The State of California has taken a leadership role in the GHG issue with the adoption
of Assembly Bill 32 (AB 32) in 2006 AB 32 requires the State to reduce GHG
emissions to 1990 levels by the year 2020 and then to reduce GHG to 80% below 1990
levels by 2050 One tool that the State has created to help achieve this goal is AB 811,
the Clean Energy Finance Program.
69
ITEM NUMBER. C-2
DATE. 05/26/09
AB 811 is a financing mechanism that allows the cost of installing renewable energy
systems, including solar, on single family residential dwellings to be funded with bonds
that are repaid as part of the property taxes over 20 years This eliminates the large up-
front cost of installing solar and creates an installment plan of regularly smaller
payments that could be very close the amount saved on electricity bills Due to
Atascadero's inland location in San Luis Obispo County, the City is very well situated to
take advantage of solar energy systems The maps on the following page show that
Atascadero is located in one of the better areas in the United States for photovoltaic
solar generation
Photovoltaic (PV) refers to the process of turning sunlight into electricity PV systems
capture energy from the sun and convert it into electric energy
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70
ITEM NUMBER C-2
DATE. 05/26/09
United States Photovoltaic Solar Resource Flat Plate Tilted at Latitude
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71
ITEM NUMBER C-2
DATE 05/26/09
Analysis Nftlol
What is AB 811 Energy Financing?
AB 811 Energy Financing is a financing model that is beginning to be implemented by
cities in California and allows property owners to install renewable energy systems and
energy efficiency improvements with no up-front cost. Currently over two dozen
California cities are considering the program Renewable energy systems, including
solar devices, are financed by taxable municipal bonds which provide the property
owners with low interest rates that are fixed for 20 years It appears a city can
implement the program with minimal up-front costs by retaining a consultant that sets up
the funding district and is compensated with revenue from the bond issuance The
program is completely voluntary and likely would be available to all single-family
properties The benefits of the program is a dramatic reduction in energy costs and
boosts to the local solar market. If the City moves forward with the AB 811 program,
measures could be put in place to encourage purchasing solar panels and related
equipment from local businesses.
How Does AB 811 Work?
The capital costs of solar energy systems and energy efficiency improvements are
funded with the sale of municipal bonds The bonds are repaid by proceeds from a new
line item on participating property owners' tax bills over 20 years The program is
voluntary so property tax expenses remain unchanged for those who choose not to
participate Other renewable energy systems may be financed, however, this report
focuses on the solar alternative
Typical Residential System (Solar)
■ $32,000 Solar System approximate 3.5kw system
■ Rebates from PG&E and Federal Government of $17,000
■ Up-front Administration fee of $550 (included in financed amount)
■ Interest rate of 6 75-8 00% (Fixed)
■ 20-year special tax
■ Equivalent monthly property tax cost: -$140 month (before income tax
deduction)
72
ITEM NUMBER C-2
DATE. 05/26/09
Special Taxes/ Z
Assessments
Special Taxes/
Assessments
Special Taxes/ ,
Solar and Assessments Utility CSI Rebate Horne ,�n� tlgr
energy 4 owner
efficiencyxl
BondsM €
Bond Proceeds Bond Proceeds Installation Costs
Property Owners Benefits
• AB 811 solves financial constraints encountered by property owners interested in
installing solar systems
• No up-front cost to the property owner (other than deposit for reservation [around
$200])
• Incremental property tax payments are low and fixed for 20 years (approximately
$200 a month)
"F • Property tax transfers to the new owner when the property is sold Therefore, if
the current owner moves in five years, they end up only paying for the five years
of taxes, the next owner will pay the remaining 15 years
• Reduces utility bills
Benefits to the City of Atascadero
• Helps meet climate and energy goals under AB 32, SB 375, the Mayor's Climate
Protection Agreement and ICLEI
• Program and consultant costs can be paid out of bond proceeds
• No liability or other exposure to a city's general fund
• Stimulates the local economy and promotes the creation of new green jobs
Potential Issues
• Limited staff resources
• City needs to determine who can participate and what types of solar systems can
be included
• Limits must be set on the size of eligible systems and the amount of funding
available per property
• The City will have to select a consultant to create the system Staff is
recommending that an RFP be circulated to allow all interested firms to submit
proposals
73
ITEM NUMBER C-2
DATE. 05/26/09
• The City will need to determine the requirements for contractors installing ,
systems
• Long term administration costs
Conclusion. Creating an AB 811 clean energy financing program appears to create a
number of significant benefits of to the community The program would be consistent
with many to the Council's current economic and environmental priorities Staff is
recommending that the Council adopt the attached resolution taking a clear position in
support of developing local solar energy systems
The next step in moving the process along would involve hiring a consultant to develop
the program Typically, these consulting firms do not charge the City for their services
but rather recoup their costs through the bond sales. Staff is recommending that the
City issue an RFP for professional services in order to allow all interested firms an
opportunity to compete for the work.
FISCAL IMPACT
Consultant and promotion costs are expected to be under $1000 Staff costs will likely
exceed 100 hours and require long term administration from the Finance Department.
ALTERNATIVES
The City Council could send this item back to staff for additional analysis if there are any
significant questions or concerns with the proposed program
ATTACHMENT
Draft Resolution A
74
ITEM NUMBER C-2
DATE. 05/26/09
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,DECLARING ATASCADER09S SUPPORT
FOR RENEWABLE ENERGY AND ENCOURAGING THE
INSTALLATION OF ROOFTOP SOLAR SYSTEMS AND ENERGY
EFFICIENCY IMPROVEMENTS THROUGHOUT THE COMMUNITY
WHEREAS, solar energy is a clean and renewable source of energy that does not result in
the ennssion of greenhouse gases, and,
WHEREAS, Atascadero is located in a region that is especially well suited to utilize solar
power due to the abundant sunshine and clear days, and,
WHEREAS, the State of California has mandated that greenhouse gas emissions be
reduced to 1990 levels by the year 2020; and,
WHEREAS,the City of Atascadero is a leader in its commitment to alternative energy and
green programs and has endorsed the Mayor's Climate Protection Agreement and is a member of
ICLEI which both encourage the expanded use of solar energy; and,
WHEREAS, the installation of rooftop solar systems provides a number of benefits
including saving fossil fuel generated electricity, reducing homeowners electrical bills, and
stimulating local green energy fobs and industries, and,
WHEREAS, the State of California has passed Assembly Bill 811 that created a
mechanism to allow local assessment districts to fund individual rooftop solar systems,and,
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
to
Strongly endorse the installation of rooftop solar systems and energy efficiency
improvements throughout the City of Atascadero and support creating a funding assessment
district consistent with Assembly Bill 811, and,
Direct City staff to issue a request for proposal to solicit professional services to
create and administer a self-funding,clean energy and energy efficiency assessment district
consistent with Assembly Bill 811
75
ITEM NUMBER C-2
DATE 05/26/09
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES
NOES
ABSENT
ADOPTED-
CITY OF ATASCADERO
By
Ellen Beraud,Mayor
ATTEST
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
76
ITEM NUMBER: C-3a
DATE. 05/26/09
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Atascadero City Council
Staff Report— Community Development Department
PLN 2009-1325
General Plan Amendment Cycle 2009-1
General Plan Amendment, Zone Change General Plan Consistency
Determination and Lot Line Adjustment for
Stadium Park Accessway
(City of Atascadero)
(The proposed project consists of a General Plan Amendment, Zone Map Change,
General Plan consistency determination, and Lot Line Adjustment for the purchase of
property between an existing developed residential property and Stadium Park for the
purposes of providing an accessway from Capistrano Avenue)
RECOMMENDATIONS
Planning Commission recommends City Council
1 Adopt Draft Resolution A approving General Plan Amendment 2009-0024 amending
a portion of APN 029-105-028 from SFR-Y (Residential Single-Family—Y) to REC
(Recreation) consistent with the proposed Lot Line Adjustment; and,
2. Introduce for first reading, by title only, Draft Ordinance A amending the zoning
designation of a portion of APN 029-105-028 from RSF-Y (Residential Single-
Family—Y) to L (Recreation), and,
3 Adopt Draft Resolution B finding that the purchase of a portion of the
Renzaglia/Hughes property for inclusion as part of Stadium Park is consistent with
the General Plan as proposed for amendment; and,
4 Adopt Draft Resolution C approving Lot Line Adjustment 2009-0098 between the
Renzaglia/Hughes property and Stadium Park.
77
ITEM NUMBER. C—3a
DATE. 05/26/09
REPORT-IN-BRIEF
The City has submitted an application requesting a General Plan consistency
determination as part of a Lot Line Adjustment between a residential and recreation
zoned parcel The application also includes a General Plan amendment and Zone Map
change to bring the purchased portion into conformance with existing General Plan
designations for Stadium Park.
DISCUSSION
Situation and Facts:
1 Property Owners Gary J Renzaglia & Sandra E Hughes
6900 Valle Avenue, Atascadero, CA 93422
City of Atascadero, 6907 EI Camino Real
Atascadero, CA 93422
2 Applicant: City of Atascadero, 6907 EI Camino Real
Atascadero, CA 93422
3 Project Address Stadium Park, Atascadero, CA 93422
APN 029-105-004
6900 Valle Avenue, Atascadero, CA 93422
APN 029-105-028
4 General Plan Designation Single-Family Residential-Y/ Recreation
5 Zoning District: Residential Single-Family-Y/ Recreation
6 Site Area. Renzaglia Parcel 2.91 acres (RSF-Y) /
Stadium Park: 24 6 acres (L)
7 Existing Use Single-Family Residence / City
Park
Analysis. The subject parcel is approximately 2.91 acres and is designated Single-
Family Residential-Y in the General Plan The zoning designation is Residential Single-
Family-Y with a 1 0 acre gross minimum lot size The parcel shares the eastern
boundary with Stadium Park, is bordered by State Highway 41 to the northwest, and a
residential parcel to the north and south. The existing single-family residence takes
access from Valle Avenue
78
ITEM NUMBER C—3a
DATE. 05/26/09
Stadium Park is approximately 24 6 acres of recreation and open space within the City
of Atascadero Stadium Park has a land use and zoning designation of Recreation
A a�.
---` 6900 Valle Ave
P Stadium Park
e
Fe
n of property to
anged from
RSF-Y to L
The City has an opportunity to purchase a 0 52 acre piece of land from the
Renzaglia/Hughes property which will provide the City with an access to Stadium Park
from Capistrano Ave There is an existing dirt access road that provides access to the
park, but this road crosses the Renzaglia/Hughes property without easements The City
Council has determined that the best way to resolve this access issue is to purchase the
land occupied by the road The portion of land proposed for inclusion into Stadium Park
includes an existing 10-foot wide easement for City access purposes that is not in the
location of existing road This proposed property sale will give the City this area of land
plus additional acreage for future City use
The proposed General Plan Amendment and Zone Change will bring the purchased
portion of the Renzaglia/Hughes property into conformance with existing Stadium Park
designations The 0.52 acre piece of land proposed for transfer to City ownership does
not meet minimum lot size for a RSF-Y parcel Although the total parcel size will be
25 12 acres including the existing Stadium Park land area, the Zoning and General Plan
designations must be changed for consistency with minimum lot size standards and
*4W conformance with existing Stadium Park zoning The Renzaglia/Hughes parcel will
79
ITEM NUMBER C—3a
DATE. 05/26/09
become 2 39 acres with the proposed Lot line Adjustment, exceeding the 1-acre
minimum lot size and remaining consistent with the General Plan and Zoning
Ordinance
General Plan Consistency Determination
State Law requires that the Planning Commission make a finding of consistency with
the General Plan for all property purchases The proposed property purchase provides
a strategically located strip of land for the City to utilize for access to Stadium Park. The
proposed General Plan Amendment and Zone Change will bring the property
designations into conformance with the existing designations for Stadium Park.
FINDINGS
General Plan Amendment
1 The proposed amendment is in the public interest.
2. The proposed amendment is in conformance with the adopted General Plan
goals, policies, and programs and the overall intent of the General Plan
3 The proposed amendment is compatible with existing development,
neighborhoods and the environment.
4 The proposed amendment will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts
5 The proposed amendment is consistent with adopted General Plan EIR and
mitigation monitoring program
6 The proposed amendment is in the best interest of the City to enact this
amendment to the General Plan Land Use Diagram to protect the health, safety
and welfare of its citizens and is compatible with existing and proposed
development.
Zone Map Amendment
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1 The proposed Zone Change is in conformance with the adopted General Plan
goals, policies, and programs and the overall intent of the General Plan
80
ITEM NUMBER C—3a
DATE. 05/26/09
;ftw 2 The proposed Zone Change is compatible with existing development,
neighborhoods and the environment.
3 The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts
4 The proposed Zone Change is consistent with the project-specific Mitigated
Negative Declaration
Lot Line Adiustment
1 The application, as submitted, conforms to all applicable building and zoning
regulations of the City of Atascadero and is consistent with the City's General
Plan
Conclusion. The proposed Lot Line Adjustment and associated General Plan
Amendment and Zone Change applications are consistent with the goals and policies of
the General Plan and provide consistency with the existing Stadium Park designations
The City Council must also find that the proposed property purchase is consistent with
the General Plan The Planning Commission has found that the proposed property
purchase and associated applications are consistent with the General Plan and provide
the City with expanded access opportunities to Stadium Park.
FISCAL IMPACT
There is no fiscal impact of this action
ALTERNATIVES
1 The City Council can find that the proposed property purchase and associated
applications are not consistent with the General Plan The City Council should be
specific about which finding(s) cannot be made
2 The Council may continue the hearing and refer the item back to staff for additional
information or analysis Direction should be given to staff on required information
81
ITEM NUMBER C-3a
DATE. 05/26/09
ATTACHMENTS 140W
Attachment 1 Location Map (General Plan & Zoning)
Attachment 2 Aerial Photo
Attachment 3 Draft Resolution A
Attachment 4 Draft Ordinance A
Attachment 5 Draft Resolution B
Attachment 6 Draft Resolution C
82
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ITEM NUMBER C—3a
DATE. 05/26/09
ATTACHMENT 3: Draft Resolution A
PLN 2009-1325/LLA 2009-0098/GPA 2009-0024
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT 2009-0024, AMENDING THE GENERAL PLAN
DESIGNATION OF A PORTION OF APN 029-105-028 CONSISTENT
WITH LOT LINE ADJUSTMENT 2009-0098
(City of Atascadero/Renzaglia-Hughes)
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA, 93422, (Applicant and Property Owner), and Gary J Renzaglia&
Sandra E. Hughes, 6900 Valle Avenue, Atascadero, CA 93422, (Property Owner), to consider a
project consisting of a consistency determination for the purchase of property for inclusion into
Stadium Park and associated Lot Line Adjustment, General Plan Amendment, and Zone Change
application and,
WHEREAS, the site's General Plan Designations are (REC) recreation and (SFR-Y)
Single-Family Residential - Y, and,
WHEREAS, the site's current zoning districts are L(Recreation) and RSF-Y
(Residential Single-Family— Y), and,
WHEREAS, the planning Comrmssion has recommended that the City Council approve
a Lot line Adjustment that would incorporate 0.52-acres of existing residential property into
Stadium Park; and,
WHEREAS, the proposed lot line adjustment applications qualifies for a CEQA
exemption per section 15305 Minor alterations in land-use limitations, and,
WHEREAS the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety
and welfare of its citizens by applying orderly development; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan
Amendment application was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said general plan
amendment; and,
85
ITEM NUMBER: C-3a
DATE. 05/26/09
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 21, 2009 studied and considered General Plan Amendment 2009-
0024, and,
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on May 26, 2009, studied and considered the proposed project; and,
NOW, THEREFORE, the City Council of the City of Atascadero, California, hereby
resolves to take the following actions
SECTION 1.Findings for Approval of a General Plan Amendment: The City
Council finds as follows.
1 The proposed amendment is in the public interest.
2. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
3 The proposed amendment is compatible with existing development,
neighborhoods and the environment.
4 The proposed amendment will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
5 The proposed amendment 1s consistent with adopted General Plan EIR and
mitigation monitoring program.
6 The proposed amendment is in the best interest of the City to enact this
amendment to the General Plan Land Use Diagram to protect the health, safety
and welfare of its citizens and is compatible with existing and proposed
development; and,
SECTION 2.Approval. The City Council of the City of Atascadero, California, in a
regular session assembled on May 26, 2009 hereby resolves to approve General Plan
Amendment 2009-0024 consistent with the following:
Exhibit A. General Plan Amendment Diagram
86
ITEM NUMBER C—3a
DATE. 05/26/09
We
On motion by Council Member , and seconded by Council
Member the foregoing resolution is hereby adopted in its entirety
by the following roll call vote
AYES ( )
NOES ( )
ABSTAIN ( )
ABSENT ( )
ADOPTED
CITY OF ATASCADERO, CA
Ellen Beraud,Mayor
ATTEST
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM.
Brian A. Pierik, City Attorney
87
d
00 Valle Ave. nW
Stadium Park
Portion of property to
be changed from
IK
Zone: Residential Single-Family(RSF-Y) & Recreation (L)
Land
r
r�
Use .- Recreation
ITEM NUMBER. C—3a
DATE. 05/26/09
ATTACHMENT 4: Draft Ordinance A
PLM 2009-1325/LLA 2009-0098/GPA 2009-0024
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2009-0153, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF A PORTION OF APN 029-105-028 FROM RSF-Y
(RESIDENTIAL SINGLE-FAMILY—Y) TO L (RECREATION)
(City of Atascadero/Renzaglia-Hughes)
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA, 93422, (Applicant and Property Owner), and Gary J Renzaglia&
Sandra E. Hughes, 6900 Valle Avenue, Atascadero, CA 93422, (Property Owner), to consider a
project consisting of a consistency determination for the purchase of property for inclusion into
Stadium Park and associated Lot Line Adjustment, General Plan Amendment, and Zone Change
application and,
WHEREAS, the site's General Plan Designations are (REC) recreation and (SFR-Y)
Single-Family Residential -Y, and,
WHEREAS,the site's current zoning districts are L(Recreation) and RSF-Y
(Residential Single-Family-Y), and,
WHEREAS,the planning Commission has recommended that the City Council approve
a Lot line Adjustment that would incorporate 0.52-acres of existing residential property into
Stadium Park; and,
WHEREAS, the proposed lot line adjustment applications qualifies for a CEQA
exemption per section 15305 Minor alterations in land-use limitations, and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments,
and,
89
ITEM NUMBER: C—3a
DATE 05/26/09
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Heanng held on April 21, 2009 studied and considered Zone Change 2009-0153, and,
WHEREAS, the City Council of the City of Atascadero, at a Public Heanng held on
May 26, 2009, studied and considered Zone Text Amendments to the PD-12 Overlay Zone, and,
NOW THEREFORE, the City Council of the City of Atascadero, California, takes the
following actions
SECTION 1.Findings for Approval. The City Council finds as follows.
1 The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City
2. Amendment of the zoning ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3 The zone change will not, in itself, result in significant environmental impacts.
SECTION 2. Approval. The City Council of the City of Atascadero, California, in a
regular session assembled on May 26, 2009, resolved to introduce for first reading by title only,
an ordinance that would rezone a portion of the subject site consistent with the following:
Exhibit A. Location Map/Zone Map Amendment Diagram
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice. at least five days pnor to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and,
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public
90
ITEM NUMBER- C-3a
DATE. 05/26/09
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote
AYES
NOES
ABSENT
ABSTAIN
ADOPTED-
CITY OF ATASCADERO, CA
Ellen Beraud, Mayor
ATTEST
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
91
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6900 Valle Ave.
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Stadium
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Portion of prope
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Zone Residential Single-Family
ITEM NUMBER. C—3a
DATE. 05/26/09
ATTACHMENT 5: Draft Resolution B
PLN 2009-1325/LLA 2009-0098/GPA 2009-0024
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, FINDING THAT THE
PURCHASE OF A PORTION OF 6900 VALLE AVE. (APN 029-105-028)
FOR INCLUSION INTO STADIUM PARK IS CONSISTENT WITH THE
GENERAL PLAN
(City of Atascadero /Renzagiia-Hughes)
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA, 93422, (Applicant and Property Owner), and Gary J Renzaglia &
Sandra E. Hughes, 6900 Valle Avenue, Atascadero, CA 93422, (Property Owner), to consider a
project consisting of a consistency determination for the purchase of property for inclusion into
Stadium Park and associated Lot Line Adjustment, General Plan Amendment, and Zone Change
application, and,
WHEREAS, the site's General Plan Designation is (SRF-Y) Single-Family Residential -
Y, and,
WHEREAS, the site's current zoning district is (RSF-Y)Residential Single-Farrnly -Y,
and,
WHEREAS, the proposed property transfer and associated applications qualify for a
CEQA exemption per section 15305 Minor alterations in land-use limitations, and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject applications
was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral
and documentary, was admitted on behalf of said amendments, and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on April 21, 2009, studied and considered the proposed property purchase, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on May 26, 2009, studied and considered the proposed project; and,
NOW, THEREFORE, the City Council of the city of Atascadero, California, takes the
following actions.
93
ITEM NUMBER C—3a
DATE. 05/26/09
SECTION 1. Findings for Approval. The City Council finds as follows
1 The proposed property purchase of a portion of APN 029-105-028 for inclusion into
Stadium Park is consistent with the General Plan.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on May 26, 2009 resolved to find that the purchase of a portion of the
Renzaglia/Hughes property (APN 029-105-028) is consistent with the General Plan as follows
Exhibit A. General Plan Amendment Diagram
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote
AYES ( )
NOES ( )
ABSENT ( )
ABSTAIN ( )
ADOPTED
CITY OF ATASCADERO, CA
Ellen Beraud,Mayor
ATTEST
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM.
Brian A. Pierik, City Attorney
94
ITEM NUMBER. C—3a
DATE 05/26/09
EXHIBIT A: General Plan Amendment Diagram
PLN 2009-1325!LLA 2009-0098 1 GPA 2009-0024
6900 Valle Ave.
RSF-Y
Stadium Park
RSF
f
Portion of property to
be changed from
SFR-Y to REC
c
Zone. Residential Single-Family(RSF-Y) & Recreation (L)
Land Use Designation. Single-Family Residential (SFR-Y) &Recreation (REC)
95
ITEM NUMBER: C—3a
DATE. 05/26/09
ATTACHMENT 6: Draft Resolution C
M
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING LOT
LINE ADJUSTMENT 2009-0098 BETWEEN THE RENZAGLIA/HUGHES
PROPERTY (APN 029-105-028) AND STADIUM PARK (APN 029-105-004)
(City of Atascadero/Renzaglia-Hughes)
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA, 93422, (Applicant and Property Owner), and Gary J Renzaglia&
Sandra E. Hughes, 6900 Valle Avenue, Atascadero, CA 93422, (Property Owner), to consider a
project consisting of a consistency determination for the purchase of property for inclusion into
Stadium Park and associated Lot Line Adjustment, General Plan Amendment, and Zone Change
application, and,
WHEREAS, the site's General Plan Designations are (REC) recreation and (SFR-Y)
Single-Family Residential - Y, and,
WHEREAS the site's current zoning districts are L(Recreation) and RSF-Y
(Presidential Single-Family—Y), and,
WHEREAS, the Planning Commission has found that the proposed property purchase is
consistent with the General Plan, and,
WHEREAS, the proposed property transfer and associated applications qualify for a
CEQA exemption per section 15305 Minor alterations in land-use limitations, and,
WHEREAS,the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Zoning amendments, and,
WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 21, 2009, studied and considered the proposed project; and,
96
ITEM NUMBER C—3a
DATE. 05/26/09
,. WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on May 26, 2009, studied and considered the proposed project; and,
NOW, THEREFORE, the City Council of the City of Atascadero, California, takes the
following actions
SECTION 1. Findings for Approval. The City Council finds as follows
1 The application as submitted conforms to all applicable building and zoning
regulations of the City of Atascadero and is consistent with the City's General Plan.
SECTION 2. Approval. The City Council of the City of Atascadero, California, in a
regular session assembled on May 26, 2009, resolved to approve the proposed Lot Line
Adjustment application subject to the following-
EXHIBIT A Lot Line Adjustment Map
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote
AYES ( }
NOES ( }
ABSENT ( }
ABSTAIN ( )
ADOPTED-
CITY OF ATASCADERO, CA
Ellen Beraud, Mayor
ATTEST
Marcia McClure Torgerson, C.M.0 , City Clerk
APPROVED AS TO FORM.
Brian A. Pierik, City Attorney
97
ITEM NUMBER C—3a
DATE. 05/26/09
EXHIBIT A: Lot Line Adjustment Map
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98
ITEM NUMBER C-3b
"r r r r DATE. 05/26/09
S C yea r` r sere
Atascadero City Council
Staff Report - Community Services
Stadium Park Purchase
Approval of Purchase Agreement for a Portion of Adjacent Property -
6900 Valle, Highway 41 and Capistrano
(City of Atascadero)
(Request for authorization to purchase property from Renzaglia and Hughes)
RECOMMENDATIONS.
Council
1 Authorize the City Manager to execute a Purchase Agreement with Gary
Renzaglia and Sandra Hughes in the amount $200,000 for the purchase of a 0 52
acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, deemed
necessary for adequate public access to Stadium Park located on the northeast
side of the Highway 41 Bridge near Capistrano Avenue, and,
2. Authorize the Director of Administrative Services to appropriate $105,000 from the
Parkland Facilities Fees Funds and $105,000 in Open Space Acquisition Fees
Funds for the purchase of a 0.52 acre parcel of land, a portion of a lot at 6900
Valle, Atascadero, from Gary Renzaglia and Sandra Hughes, northeast of the
Highway 41 Bridge, and above Capistrano Avenue
DISCUSSION
Background The City of Atascadero has long desired to improve its access into the
park property on Pine Mountain known as Stadium Park. The primary access into the
property currently consists of a ten foot (10ft.) easement along two private properties
(owned by the Atascadero Land Preservation Society and Renzaglia/Hughes) with a
five foot easement on each property For more than two years, City staff has been in
discussions with Mr Gary Renzaglia and Ms Sandra Hughes to purchase a portion of
their property to be added to the City owned park. A verbal agreement was reached
earlier this year to purchase a portion of their property that runs along their northern
property line in the area where the access road now leads into the park entrance The
property was surveyed to determine the precise property to be purchased, and to
99
ensure more than two acres of their property be maintained on the remaining private
residential parcel. Mr Renzalia and Ms Hughes' remaining parcel after the sale of a
portion of their property to the City will be 2 18 acres
Analysis. The City Council has discussed the purchase of this property a number of
times in closed session Council has directed staff to enter into negotiations for the
purchase of the parcel, as described below Staff met multiple times with Mr Renzaglia
and Ms Hughes regarding the price of the property and access to the Stadium Park
area. Since this small and unique property has no comparable commercial value for
residential use, an appraisal of this small piece of property was deemed inappropriate
for the parcel in question The property is unique and its value to the City is
environmentally unique Staff does not believe there is any ability for negotiating a lower
price
The Council again heard this item on January 27th, 2009 in a Closed Session regarding
real property negotiations and authorized the City Manager to enter into negotiations for
purchase of the property The parcel provides a one-time opportunity to create an
adequate public access corridor into Stadium Park. The public benefit of the purchase
of the property would enable the City to address public ingress and egress, drainage
issues, fire access, and potentially, the installation of utilities such as water and power -
should the City Council desire to have those improvements in Stadium Park in the
future
Parcels .41
The parcel available from Mr Renzaglia and Ms. Hughes is approximately 0.52 acres
The sellers remaining parcel will be 2 18 acres Please see Exhibits attached to the
Purchase Agreement for property map survey and legal descriptions of both parcels
involved in the Lot Line Adjustment and purchase
FISCAL IMPACT
The proposed purchase of the parcel would result in the expenditure of a maximum
amount of $210,000 for the property and insurance and miscellaneous costs associated
with the purchase of the property and would require minimal additional expenditures for
maintenance.
ALTERNATIVES
1 Request additional staff analysis of issue
2 Decline to purchase the parcel
ATTACHMENT
Purchase Agreement and related Exhibits
100
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (the "Agreement") is made and entered into as of May 26, 2009, by and
between THE CITY OF ATASCADERO, a municipal corporation (the "Buyer"), and GARY J
RENZAGLIA and SANDRA E. HUGHES, husband and wife (collectively, the "Seller"), who
agree as follows.
I Pro e The property which is the subject of purchase and sale under this
Agreement consists of certain land, legally described on Exhibit "A & B" attached hereto,
together with all of the interest of Seller in any and all rights and appurtenances pertaining to
such land, including any right, title and interest of Seller in and to adjacent streets, alleys or
rights-of-way (collectively, the "Property") the remainder parcel to continue to be owned by the
Seller as legally described in Exhibit"C&D"
2. Purchase and Sale. For valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to
purchase the Property from Seller,upon the terms and conditions herein set forth.
3 Purchase Price The purchase price (the "Purchase Price") for the Property is
Two Hundred Thousand Dollars ($200,000), and shall be payable as follows.
(a) Deposit. Within three (3) business days following the execution of this
Agreement by the parties (the "Deposit Date"), Buyer shall deposit with the Escrow
Holder (defined below) the sum of Five Thousand Dollars ($5,000) in immediately
available funds (the "Deposit"). The Deposit shall be non-refundable, except as
otherwise provided in this Agreement, and shall be credited toward the Purchase Price at
the Close of Escrow
(b) Cash at Closing. The balance of the Purchase Price after crediting the
Deposit plus any interest earned thereon (the "Balance") shall be payable by Buyer to
Seller in immediately available funds at the Close of Escrow
4 Escrow
(a) Opening of Escrow An escrow (the "Escrow") for the purpose of
completing the transactions contemplated by this Agreement has been opened by the
parties with First American Title Company, Atascadero, California (the "Escrow
Holder") For purposes of this Agreement, the Escrow shall be deemed to have been
opened on May 4, 2009 On or before the Deposit Date, an executed copy of this
Agreement shall be delivered by Buyer to the Escrow Holder and shall serve as Joint
instructions by the parties to the Escrow Holder In addition, Buyer and Seller agree to
execute, deliver, and be bound by any reasonable or customary supplemental escrow
1
101
instructions of Escrow Holder, or other instruments as may reasonably be required by
Escrow Holder, in order to consummate the transaction contemplated by this Agreement.
Any such supplemental instructions shall not amend, or supersede any portion of this
Agreement. If there is any inconsistency between such supplemental instructions and this
Agreement,this Agreement shall control.
(b) Title. Seller shall convey to Buyer by grant deed (the "Grant Deed") a
fee simple title to the Property, subject only to the following permitted conditions of title
(the "Permitted Title Exceptions")- (1) general and special real property taxes and
assessments for the then current tax fiscal year which are a lien not then due and payable;
(2) all applicable zoning, building and development regulations of any municipality,
county, state or federal jurisdiction affecting the Property; (3) such other exceptions listed
in the Preliminary Report (defined below) that have been approved, or been deemed
approved, by Buyer as provided in Section 6, and(4) any exceptions directly or indirectly
caused by Buyer or Buyer's agents, employees or contractors. The form of the Grant
Deed is attached hereto as Exhibit"E" Except as otherwise allowed by this Agreement,
Seller promises not to make any leases, contracts, options or agreements whatsoever
affecting the Property which would in any manner impede Seller's ability to perform
hereunder and deliver title as agreed herein.
(c) Close of Escrow For purposes of this Agreement, "Close of Escrow"
shall be defined as the date that the Grant Deed, conveying the Property to Buyer, is
recorded in the Official Records of Los Angeles County, California. The Escrow shall
close Thirty (30) days following the Deposit Date or at such earlier or later date as the
parties may mutually agree upon(the"Closing Date").
5 "AS-IS" Sale. IT IS UNDERSTOOD AND AGREED BY BUYER THAT THE
PROPERTY IS BEING PURCHASED BY BUYER IN ITS "AS-IS" CONDITION AND
"WITH ALL FAULTS," AND, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS
AGREEMENT, SELLER MAKES NO REPRESENTATION OR WARRANTY
WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE VALUE OF THE
PROPERTY, THE CONDITION OF TITLE OF THE PROPERTY, THE PHYSICAL OR
ENVIRONMENTAL CONDITION OF THE PROPERTY, THE ZONING OR OTHER LAND
USE PROVISIONS OR RESTRICTIONS AFFECTING THE PROPERTY,THE SUITABILITY
OF THE PROPERTY FOR USE BY BUYER, ANY MATTERS WHICH WOULD BE
DISCLOSED BY AN INSPECTION OF THE PROPERTY, OR ANY OTHER MATTERS
CONCERNING THE PROPERTY(WHETHER OR NOT OF PUBLIC RECORD)
6. Due Diligence Period.
(a) Title and Inspections. Within five (5) days following the Deposit Date,
Escrow Holder shall cause First American Title Company(the "Title Company")to issue
to Buyer (with a copy to Seller) a preliminary report for a CLTA Owner's Policy of Title
Insurance (the "Title Policy") for the Property, together with copies of all documents
relating to title exceptions referred to in the Preliminary Report (collectively, the
2
102
"Preliminary Report"), and Seller shall also provide Buyer with complete copies of any
and all environmental inspection reports concerning the Property which Seller has in its
possession (the "Environmental Reports") or shall advise Buyer that it has no such
Environmental Reports. Thereafter, Buyer shall investigate and review the Preliminary
Report, any Environmental Reports and the physical condition of the Property, which
investigation and review must be completed within thirty (30) days from the date the
Preliminary Report is received by Buyer (hereinafter, the "Due Diligence Period"). If
Buyer objects to any matter disclosed in the Preliminary Report or any Environmental
Reports, or to the condition of the Property, Buyer shall give Seller written notice of such
objections prior to the expiration of the Due Diligence Period. However, Buyer will not
have the right to object and will accept title subject to the lien of general and special
property taxes and assessments not yet due and such minor easements and matters of
record as will not detract from the use of the Property for the purpose contemplated by
Buyer, and Seller shall have the right to bond over mechanic's liens so long as such bond
is reasonably acceptable in form and substance to the Buyer and is sufficient to allow the
Title Company to insure over such liens in the Title Policy Buyer's failure to given
written notice of objection prior to the expiration of the Due Diligence Period shall be
deemed to be an approval of the Preliminary Report, and Environmental Reports and the
condition of the Property Seller has no obligation to cure or correct any matter objected
to by Buyer However, no later than ten (10) days after receipt of Buyer's objections, if
any, Seller may elect by giving written notice to Buyer (the "Cure Notice") to remove or
cure some or all of such objectionable matters, at Seller's cost and expense, on or prior to
the Close of Escrow If Seller fails to timely give a Cure Notice, or if Seller gives a Cure
Notice stating that it will remove or cure less than all of such objectionable matters, then
on or prior to ten(10) days following Buyer's receipt of the Cure Notice, or if Seller fails
to timely give a Cure Notice, then on or prior to ten (10) days following the last date on
which Seller could timely have given a Cure Notice, Buyer may elect to terminate this
Agreement or waive its objections by giving written notice of waiver to Seller Buyer's
failure to give such notice on or prior to the expiration of the foregoing time periods will
be deemed to constitute Buyer's election to waive its objections. If Buyer terminates this
Agreement as provided in this Section, Seller and Buyer will be released from all further
liability and obligation under this Agreement, except for those liabilities and obligations
which have accrued prior to the date of termination. Upon any such termination, Seller
and Buyer will each pay one-half the amount of any Escrow cancellation fee and the
Deposit plus any interest thereon shall be returned to Buyer
(b) Access. Access to the Property during the Due Diligence Period shall be
given to Buyer and its authorized representatives at all reasonable times. Buyer agrees to
indemnify and defend Seller against and hold Seller harmless from all liabilities, suits,
claims, losses, damages, judgments, costs and expenses (including, without limitation,
court costs and reasonably attorneys' fees and costs) sustained by or asserted against
Seller or the Property, including, without limitation, physical damage, physical injury to
Seller's employees or agents or contractors and any mechanics' and materialmen's liens,
caused as a result of or in connection with the inspections conducted by Buyer or its
authorized representatives.
' 3
103
7 Conditions to Close of Escrow
(a) Conditions to Buyer's Obligations.ions. The Close of Escrow and Buyer's
obligation to consummate the transactions contemplated by this Agreement are subject to
the satisfaction,or written waiver by Buyer, of the following conditions
(1) Title Policy The Title Company being prepared to issue to Buyer
the Title Policy in the amount of the Purchase Price and subject only to the
Permitted Exceptions
(2) Representations and Warranties. Seller's representations and
warranties in this Agreement being correct as of the date of this Agreement and as
of the Close of Escrow
(3) Performance of Obligations. Seller's due and complete
performance of all obligations to be performed by Seller under this Agreement.
(4) No Material Changes. At the Closing Date, there shall have been
no material adverse changes in the physical condition of the Property
(b) Conditions to Seller's Obligation. The Close of Escrow and Seller's
obligation to consummate the transactions contemplated by this Agreement are subject to
the satisfaction,or written waiver by Seller, of the following conditions.
(1) Representations and Warranties. Buyer's representations and
warranties in this Agreement being correct as of the date of this Agreement and as
of the Close of Escrow
(2) Performance of Obligations. Buyer's due and complete
performance of all obligations to be performed by Buyer under this Agreement.
8 Deposits by Seller At least one (1) business day prior to the Close of Escrow,
Seller shall deposit or cause to be deposited with Escrow Holder the following:
(a) Seller's Certificate Federal. Seller's affidavit of nonforeign status as
contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended
("FIRPTA Affidavit")
(b) Seller's Certificate State. Seller's affidavit as contemplated by California
Revenue and Taxation Code §§ 18805 and 26131 ("Withholding Affidavit")
(c) Grant Deed. The Grant Deed conveying the Property to Buyer duly
executed and acknowledged by Seller
4
104
r>tirw+ 9 Deposits b Bu r At least one (1) business day prior to the Close of Escrow,
P 1'Ye
Buyer shall deposit or cause to be deposited with Escrow Holder, in immediately available funds,
the Balance as required under Section 3 of this Agreement and such funds as are required to pay
for cost and expenses payable by Buyer
10 Costs and Expenses. The escrow fee of Escrow Holder shall be paid by Buyer
Buyer will pay the premium for the Title Policy and the Seller shall pay the cost of any
endorsements obtained in connection with Seller's cure under Section b of any objectionable title
matters, and Buyer shall pay for the cost of any other endorsements or upgrades requested by
Buyer Buyer shall pay all documentary transfer taxes, if any, payable in connection with the
recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the
Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's
customary charges for document drafting, recording, and miscellaneous charges. If as a result of
the default of a party Escrow fails to close, the defaulting party shall pay all of the foregoing fees
and charges.
1 Z Disbursements and Other Actions by Escrow Holder Upon the Close of Escrow,
the Escrow holder shall promptly undertake all of the following in the manner indicated.
(a) Recording. Record the following documents in the Official Records of
Los Angeles County, California, in the following order- the Grant Deed, and any other
documents which the parties hereto may mutually direct.
(b) Closing Costs, Charge Seller and Buyer for their respective fees and
charges as set forth in the Escrow Holder's final closing statement approved by Seller and
Buyer
(c) Purchase Price. Disburse the Purchase Price to Seller after deducting
therefrom the amounts payable by Seller on account of fees, charges and prorations as set
forth in the Escrow Holder's final closing statement approved by Seller
(d) Documents. Deliver a conformed copy of the Grant Deed to Seller and
Buyer, and deliver the FIRPTA Affidavit and the Withholding Affidavit, and,if and when
issued,the Title Policy,to Buyer
12. Liquidated Damages. IN THE EVENT THAT THIS TRANSACTION FAILS TO
CLOSE THROUGH BUYER'S DEFAULT OR FAILURE TO PERFORM IN ACCORDANCE
WITH THIS AGREEMENT, AND PROVIDED THAT SELLER IS NOT IN DEFAULT
UNDER THIS AGREEMENT, THE FULL AMOUNT OF THE DEPOSIT SPECIFIED IN
SECTION 3(a) ABOVE, TOGETHER WITH ALL ACCRUED INTEREST THEREON,
SHALL BE DELIVERED FROM ESCROW BY THE ESCROW AGENT TO SELLER AS
LIQUIDATED DAMAGES, WHICH SUM BUYER AND SELLER AGREE IS A
REASONABLE SUM CONSIDERING THE CIRCUMSTANCES EXISTING ON THE DATE
OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE
5
105
RANGE OF HARM TO SELLER THAT REASONABLY COULD BE ANTICIPATED,
SELLER'S ANTICIPATED USE OF THE PROCEEDS OF SALE AND THE FACT THAT
PROOF OF ACTUAL DAMAGES WOULD BE IMPRACTICABLE. SUCH LIQUIDATED
DAMAGES SHALL BE SELLER'S SOLE REMEDY IN THE EVENT OF BUYER'S
DEFAULT HEREUNDER. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED
BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE
STATEMENTS MADE ABOVE AND ITS UNDERSTANDING OF THE CONSEQUENCES
OF THIS LIQUIDATED DAMAGES PROVISION
SELLER INITIAL HERE
BUYER INITIAL HERE
13 Seller's Representations and Warranties. Seller represents and warrants to Buyer
that:
(a) This Agreement and all documents executed by Seller under this
Agreement which are to be delivered to Buyer are, or at the time of Close of Escrow will
be, duly authorized, executed, and delivered by Seller, and are, or at the Close of Escrow
will be, legal, valid, and binding obligations of Seller, and do not, and at the Close of
Escrow will not,violate any provisions of any agreement or judicial order to which Seller
is a parry or to which it is subject.
(b) Seller is not a"foreign person" within the meaning of Section 1445 of the
Internal Revenue Code of 1986, as amended, or the corresponding provisions of
California law
(c) To the best of Seller's knowledge, there is no pending or threatened
litigation, administrative proceeding, or other legal or governmental action with respect to
the Property
(d) To the best of Seller's knowledge, and except as disclosed by Seller to
Buyer in this Agreement or otherwise in the Environmental Reports, if any, or in writing
prior to the date of this Agreement, and except as disclosed in any reports or studies
prepared by or on behalf of Buyer- (a)there are no buried or partially buried storage tanks
located on the Property, (b) Seller has received no notice, warning, notice of violation,
administrative complaint, judicial complaint, or other formal or informal notice alleging
that conditions on the Property are or have been in violation of any environmental law, or
informing Seller that the Property is subject to investigation or inquiry regarding
hazardous or toxic substances on the Property or the potential violation of any
environmental law, (c) no toxic or hazardous or toxic chemicals, waste, or substances of
any kind have ever been spilled, disposed of, or stored on, under, or at the Property by
Seller, whether by accident, burying, drainage, or storage in containers, tanks, or holding
areas, or by any other means, (d) Seller has disclosed to Buyer all information, records,
6
106
and studies maintained by Seller in connection with the Property concerning hazardous
substances.
(e) Seller is the owner of the Property and has the full right, power and
authority to sell the Property to Buyer
(f) To the best of Seller's knowledge, there are no rights or claims to
ownership, possession, occupancy or use of the Property by any third party, including,
without limitation, pursuant to any lease, license, tenancy agreement, or other agreement,
which right or claim will exist or be enforceable on or following the Closing Date.
(g) Seller will not permit any liens, encumbrances, or easements to be placed
on the Property, nor will Seller enter into any agreement regarding the sale, rental,
management, repair, improvement, or any other matter affecting the Property that would
be binding on Buyer or the Property on or after the Closing Date, without the prior
written consent of Buyer
(h) Seller will maintain the Property in good order, condition and repair,
ordinary wear and tear excepted, and shall not permit any act of waste or act that would
tend to diminish the value of the Property in any way
(i) The representations and warranties of Seller set forth in this Agreement
shall be true on and as of the Close of Escrow as if those representations and warranties
were made on and as of such time.
14 Bu er's Representations and Warranties. Buyer represents and warrants to Seller
that:
(a) This Agreement and all documents executed by Buyer under this
Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will
be, duly authorized, executed, and delivered by Buyer, and are, or at the Close of Escrow
will be legal, valid, and binding obligations of Buyer, and do not, and at the Close of
Escrow will not violate any provisions of any agreement or judicial order to which Buyer
is a party or to which it is subject.
(b) To the best of Buyer's knowledge, there is no pending or threatened
litigation, administrative proceeding, or other legal or governmental action which does or
will materially adversely affect Buyer's ability to consummate this transaction.
(c) To the best of Buyer's knowledge, there is no pending or threatened
litigation, administrative proceeding, or other legal or governmental action with respect to
the Property
1%001 7
107
(d) The representations and warranties of Buyer set forth in this Agreement
shall be true on and as of the Close of Escrow as if those representations and warranties
were made on and as of such time.
15 Notices. All notices, requests, demands and other communications required or
permitted to be given under the terms of this Agreement by one party to the other shall be in
writing addressed to the recipient party's Notice Address set forth below and shall be deemed to
have been duly given or made (a) if delivered personally (including by commercial courier or
delivery service) to the party's Notice Address, then as of the date delivered, on presentation), or
(b) if mailed by certified mail to the party's Notice Address, postage prepaid and return receipt
requested, then at the time received at the party's Notice Address as evidenced by the return
receipt, or (c) if mailed by first class mail to the party's Notice address, postage prepaid,then on
the third (3rd) day following deposit in the United States Mail, or (d) if sent by facsimile
transmission, when sent (or if the day when sent is not a business day, on the first business day
following the day when sent) Any party may change its Notice Address by a notice given in the
foregoing form and manner The Notice Addresses of the parties are:
TO SELLER. TO BUYER.
City of Atascadero Gary J Renzaglia and Sandra E. Hughes
6907 El Camino Real 6900 Via Avenue
Atascadero, CA 93422 Atascadero, CA 93422
Attention. City Manager
Refection or other refusal to accept, or the inability to deliver because of changed address
of which no notice has been deemed given, shall be deemed to constitute receipt of the notice,
demand,request, or communication sent.
16 Legal Fees. In the event of the bringing of any action or suit with respect to this
Agreement or its enforcement or interpretation by a parry hereto against another party hereto,
then in that event, the prevailing party in such action or dispute,whether by final judgment or out
of court settlement, shall be entitled to have and recover, of and from the other parry, all costs
and expenses of suit,including actual attorneys'fees.
17 Assignment. Neither party may assign, transfer or convey its rights or obligations
under this Agreement without the prior written consent of the other party
18. Miscellaneous.
(a) Survival of Covenants. The covenants, representations and warranties of
both Buyer and Seller set forth in this Agreement shall survive the recordation of the
Grant Deed and the Close of Escrow
8
108
(b) _Required Actions of Buyer and Seller Buyer and Seller agree to execute
such instruments and documents and to diligently undertake such actions as may be
required in order to consummate the purchase and sale herein contemplated, and shall use
their best efforts to accomplish the Close of Escrow in accordance with the provisions
hereof.
(c) Time of Essence. Time is of the essence of each and every term,
condition, obligation, and provision hereof.
(d) Counterparts. This Agreement shall be executed in three (3) counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one
and the same instrument. Any signature page of this Agreement may be detached from
any counterpart and re-attached to any other counterpart of this Agreement which is
identical in form hereto but having attached to it one or more additional signature pages.
Upon the close of escrow, one fully executed counterpart shall be delivered to Seller and
two fully executed counterparts shall be delivered to Buyer
(e) Captions. Any captions to, or headings of, the sections, paragraphs or
subparagraphs of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or determination
of the validity of this Agreement or any provision hereof.
(f) No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, nor obligate any of the parties hereto, to any person or entity other than the
parties hereto
(g) Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference.
(h) Amendment to this Agreement. The terms of this Agreement may not be
modified or amended either orally or by a course of conduct, but only by an instrument in
writing executed by each of the parties hereto
(i) Waiver The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other
provision hereof.
0) Applicable Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
(k) Fees and Other Expenses. Each of the parties shall pay its own fees and
expenses in connection with this Agreement, except as otherwise provided herein.
I%W 9
109
(1) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement
between Buyer and Seller as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employee, officer,
agent or representative of either party shall be of any effect unless it is in writing and
executed by the party to be bound thereby
(m) Successors and Assigns. Subject to the terms of Section 19, this
Agreement shall be binding upon and shall inure to the benefit of the successors and
assigns of the parties hereto
(n) Joint and Several. If any party to this Agreement consists of more than
one person or entity, the covenants, representations, warranties and obligations of such
party are joint and several.
The parties have executed this Agreement as of the day and year first above written.
"SELLER" "BUYER"
CITY OF ATASCADERO
Gary J Renzaglia
By-
Sandra E. Hughes (Print Name&Title)
ATTEST
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
10
110
ACCEPTANCE BY ESCROW HOLDER.
� rrr`
First American Title Insurance Company hereby acknowledges that it has received a fully
executed counterpart of the foregoing Agreement of Purchase and Sale and Joint Escrow
Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the
terms thereof as such terms apply to Escrow Holder
Dated. 2009 [NAME OF ESCROW HOLDER
By-
(Print Name and Title)
�„► 11
111
WIL 0 Wilson Land Surveys, Inc.
N 7600 Morro Road • Atascadero,CA 93422 •
W
Phone:805-466-2445 • Fax: 805-466-0812
email.kenw@wilsonlandsurveys.com
5�
Exhibit A
That portion of Parcel 3 of Parcel Map CO-74-1851n the City of Atascadero, County of San Luis
Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel
Maps page 86 in the Office of the County Recorder for said County and State described as follows.
Beginning at the most easterly corner of said Parcel 3 according to said map,thence southwesterly
along the easterly line of said Parcel South 21°27'37" West(South 21°18'00"West Record) a
distance of 34 78 feet; thence leaving said easterly line
North 44'30'54" West a distance of 37.51 feet;thence
North 41°01'09" West a distance of 52.95 feet;thence
North 48°07'38" West a distance of 45 18 feet; thence
North 48'38'14" West a distance of 5141 feet;thence
North 68°22'48" West a distance of 79.22 feet;thence
North 74°09'09" West a distance of 84 85 feet;thence
North 89°05'09" West a distance of 71.54 feet;thence
North 81°59'00" West a distance of 72.33 feet to the line common to said the line common to
Parcel 3 and Parcel 4 according to Parcel Map CO 74-185, thence northwesterly along said line
North 36°44'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on
of Survey filed September 30, 2002 by the California Department of Transportation in Book 83
pages 82-94 of Licensed Surveys,thence along said easterly line North 6'12'15"East(North
7°41'41"East, Record per said Record of Survey) a distance of 38 65 feet to the boundary common
to Parcel 2 and Parcel 3 of said Parcel Map,thence along said common boundary
North 84°03'40"East a distance of 65.32 feet; thence
South 82°10'00" East a distance of 62.57 feet; thence
South 73°54'20" East a distance of 72.02 feet; thence
South 69°57'50" East a distance of 79 62 feet;thence
South 61'05'20" East a distance of 94.59 feet;thence
South 43°00'20" East a distance of 175 12 feet to the point of beginning.
Containing 0.52 acres. See attached Exhibit B =` "=
tp D
P DAN
Ch es P Dunham rte`'
P y
Professional Land Surveyor 't X4921``
PLS 6492 Exp 6-30-09 * Exp , 3
�
Job#09-019A City of Atucadero ,,OF-C MAF- `
112
F- EXHIBIT B
LINE TABLE
LINE BEARING LENGTH
L1 N44'30'54"W 37 51
L2 N41'01'09"W 52.95
L3 N48'07'38"W 45.18
L4 N48'38'1 4"W 51 41
L5 N68'22'48"W 7922
L6 N74'09'09"W 8485
L7 N89"05'09"W 71.54
L8 S81*59'00"W 72.33
L9 N36'44'26"W 5419
L10 N06'12"15"E 38.65
U. L11 S84'03'40"E 65.32
LUN L12 S82-10'00"E 62.57
i�N L13 S73'54'20"E 72.02
CO1n m L14 S69'57'50"E 7962
�w € PARCEL2
PARCEL MAP 0074-185 L15 S61'05'20"E 9459
ttk
is PM 86 F L16 S43'00'20"E 173.54
;o NOT A PART
-`rte L11L12
0
oZ 0 _ C13 BOUNDARY COMMON
TO C J4 PARCEL MAAPE 07� &85
10 WIDE EASEMENT
�i9 PER 1588 OR 503
lowr L8 L7 L6
C� s PORTION OF
PARCEL 3
�0• REMAINDER DESCRIBED
SOLPARCEL 3 0.52 ACRES
PARCEL1MAP 6 M 86 4-185
EASTERLY LINE
OF STATE HWY 41 � �
Fn '
O
�O LINE COMMON TO PARCEL 3&4
PARCEL4
PARCEL MAP 0074-las EASTERLY LINE POB
is M ss OF PARCEL 3
34 78'
0
O 100' 200' r 4V
SCALE 1"= 100' •, •0O
N ct) Q
WILSON LAND SURVEMINC. J
KEN WILSON - LS 5571 Q
(- 7600 MORRO ROAD - �Q
ATASCADERO CA 93422
(805)466-2445 VALLE AVE
PROJECT 09-019 /JOB 09-019
113
WIL O Wilson Land Surveys, Inc.
N 7600 Morro Road • Atascadero,CA 93422 •
W Phone: 805-466-2445 • Fax: 805-466-0812
email.kenw@wilsonlandsurveys.com
s�
Exhibit C
That portion of Parcel 3 of Parcel Map CO-74-185 in the City of Atascadero, County of San Luis
Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel
Maps page 86 in the Office of the County Recorder for said County and State EXCEPT that portion
described as follows.
Beginning at the most easterly corner of said Parcel 3 according to said map, thence southwesterly
along the easterly line of said Parcel South 21°27'37"West(South 21°18'00"West Record) a
distance of 34 78 feet;thence leaving said easterly line
North 44°30'54"West a distance of 37.51 feet; thence
North 41°01'09"West a distance of 52.95 feet; thence
North 48007'38" West a distance of 45 18 feet;thence
North 48'38'14" West a distance of 5141 feet; thence
North 68°22'48" West a distance of 79.22 feet; thence wwr
North 74°09'09"West a distance of 84 85 feet;thence
North 89°05'09"West a distance of 71.54 feet; thence
North 81°59'00" West a distance of 72.33 feet to the line common to said the line common to
Parcel 3 and Parcel 4 according to Parcel Map CO 74-185, thence northwesterly along said line
North 36044'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on
of Survey filed September 30,2002 by the California Department of Transportation in Book 83
pages 82-94 of Licensed Surveys; thence along said easterly line North 6'12'15"East(North
7°41'41"East, Record per said Record of Survey) a distance of 38 65 feet to the boundary common
to Parcel 2 and Parcel 3 of said Parcel Map, thence along said common boundary
North 84°03'40"East a distance of 65.32 feet; thence
South 82°10'00"East a distance of 62.57 feet; thence
South 73°54'20"East a distance of 72.02 feet; thence
South 69°57'50"East a distance of 79.62 feet; thence
South 61005'20"East a distance of 94.59 feet; thence
South 43°00'20"East a distance of 175 12 feet to the point of beginning.
Containing 2.18 acres. e attached Exhibit D
elo-�
�p LAND'S
Ch les P Dunham .4"���Es P oUN,�
Professional Land Surveyor `v
PLS 6492 Exp. 6-30-09 { 6492
Exp.
Job#09-019A City of Atascadero f* Q
a f
ate,
0
114 `'��. C
EXHIBIT D
LINE TABLE
LINE BEARING LENGTH
L1 N44'30'54"W 37.51
L2 N41'0109"W 52.95
L3 N48'07'38"W 45.18
L4 N48'38'14"W 5141
L5 N68'22'48"W 79.22
L6 N74'09 09"W 8485
L7 N89'05'09"W 71.54
L8 S81'59'00"W 72.33
L9 N36 44'26"W 5419
o L10 N06'12"15"E 38.65
w^ L11 S84'03'40"E 65.32
Of(D L12 S82'1 0'00"E 62.57
Ld
i,N L13 S73'54'20'E 72.02
fD1n m L14 S69'57'50"E 79.62
PARCEL2
PARCEL MAP 0074-185 L15 S61'05'20"E 9459
WO1 t6 PM a6 L16 S43'00'20"E 173.54
NOT A PART
0
` r,,z _o ��CJ3 BOUNDARY COMMON
o -' 0 PARCEL 2&3
Z J4 PARCEL MAP 0074-185
10' WIDE EASEMENT
PER 1588 OR 503
Z L8 L7 L6
� s
O
REMAINDER
S PARCEL3 \
� PARCEL MAP 0074-185
EASTERLY LINE 16 PM B6
OF STATE HWY 41 ��0 2.18 acres lr,
0
�O LINE COMMON TO PARCEL 3&4
PARCEL 4
PARCEL MAP 0074-1B5 EASTERLY LINE
16 PM 86 OF PARCEL 3 POB
34 78'
O
0 100' 200'
Co ,3
SCALE 1"= 100' .* •oma
CIV CO
ry
F-1` 7 �Z
WILSON LAND SURVEMINC.
KEN WILSON - LS 5571 Q
(-- 7600 MORRO ROAD -�) �Q
ATASCADERO CA 93422
(805)466-2445 VALLE AVE U)
PROJECT 09-019 /JOB 09-019
115
EXHIBIT"E"
[Form of Grant Deed]
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO-
City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
Attn. City Clerk
Document entitled to free
recording per Government
Code §6103 and§27383
Space Above This Line For Recorder's Use
THE UNDERSIGNED GRANTOR(s)DECLARE(s)THAT THE CITY OF ATASCADERO IS ACQUIRING TITLE AND IS EXEMPT FROM
DOCUMENTARY TRANSFER TAX PURSUANT TO R&T 11922
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
GARY J RENZAGLIA and SANDRA E. HUGHES, husband and wife, hereby grant to the
CITY OF ATASCADERO, a municipal corporation, all that certain real property located in the
City of Atascadero, County of San Luis Obispo, State of California, described as follows
[See Exhibits A& B attached hereto]
Executed on. , 2009
Gary J Renzaglia
Sandra E. Hughes
`rMr�
116
ACKNOWLEDGMENT
State of California )
) ss
County of San Luis Obispo )
On ,2009 before me, ,
(Name of Notary)
personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signature(s) on the instrument the persons, or the entity
upon behalf of which the persons 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.
(Notary Signature)
117
WIL O Wilson Land Surveys, Inc.
7600 Morro Road • Atascadero,CA 93422 •
Phone: 805466-2445 • Fax: 805-466-0812
email.kenw@wilsonlandsurveys.com
5�
Exhibit A
That portion of Parcel 3 of Parcel Map CO-74-185 in the City of Atascadero,County of San Luis
Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel
Maps page 861n the Office of the County Recorder for said County and State described as follows.
Beginning at the most easterly corner of said Parcel 3 according to said map,thence southwesterly
along the easterly line of said Parcel South 21°27'37" West (South 21°18'00"West Record) a
distance of 34 78 feet;thence leaving said easterly line
North 44°30'54"West a distance of 37.51 feet;thence
North 41°01'09"West a distance of 52.95 feet;thence
North 48°07'38"West a distance of 45 18 feet;thence
North 48'38'14"West a distance of 5141 feet;thence
North 68°22'48"West a distance of 79.22 feet;thence
North 74°09'09"West a distance of 84 85 feet; thence
North 89°05'09"West a distance of 71.54 feet; thence
North 81°59'00"West a distance of 72.33 feet to the line common to said the line common to
Parcel 3 and Parcel 4 according to Parcel Map CO 74-185, thence northwesterly along said line
North 36°44'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on
of Survey filed September 30,2002 by the California Department of Transportation in Book 83
pages 82-94 of Licensed Surveys; thence along said easterly line North 692'15"East(North
7°41'41" East,Record per said Record of Survey) a distance of 38 65 feet to the boundary common
to Parcel 2 and Parcel 3 of said Parcel Map;thence along said common boundary
North 84°03'40"East a distance of 65.32 feet; thence
South 82°10'00"East a distance of 62.57 feet; thence
South 7354'20"East a distance of 72.02 feet; thence
South 69'57'50"East a distance of 79 62 feet; thence
South 61'05'20"East a distance of 94.59 feet; thence
South 43°00'20"East a distance of 175 12 feet to the point of beginning.
Containing 0.52 acres. See attached Exhibit B ��
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Ch es P Dunham /��'
Professional Land Surveyor v
PLS 6492 Exp. 6-30-09 6492 — �k
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Job#09-019A City of Atascadero OF
118
EXHIBIT B
LINE TABLE
LINE BEARING LENGTH
L1 N44'30'54"W 37.51
L2 N41-01'09"W 52.95
L3 N48'07'38"W 45.18
L4 N48'38'14"W 5141
L5 N6822'48"W 79.22
L6 N74'09'09"W 8485
L7 N89'05'09"W 71.54
L8 S81'59'00"W 72.33
o L9 N36'44'26"W 5419
Of L10 N06'12"15"E 38.65
0
U. L11 S84'03'40"E 65.32
LON
la:`O L12 S82'10'00"E 62.57
L13 S73'54'20"E 72.02
PARCEL2 L14 569'57'50"E 79.62
vk PARCEL MAP C074-1a5 L15 S61-05.20"E 9459
16 PM 85 L16
NOT A PART S43'00'20"E 173.54
o L11L1
oZ �C13 BOUNDARY COMMON
0 PARCEL 2&3
Z 1q PARCEL MAP C074-185
Q l� 10' WIDE EASEMENT
L8 L7 C6 PER 1588 OR 503
QD \�
PORTION OF
Op REMAINDER 4S PARCEL 3
PARCEL 3 DESCRIBED
t` pe PARCEL MAP 0074-105 \` 0.52 ACRES
16 PM 86 A ��
c)
EASTERLY LINE
OF STATE HWY 41
0
�O LINE COMMON TO PARCEL 3&4
PARCEL 4
PARCEL MAP C074-155 EASTERLY UNE
16 PM 86 OF PARCEL 3 POB
34 78'
�o
0
0 100' 200' tv
r
3
SCALE 1"= 100 ,00
cry co
Q
WILSON LAND SURVEYS INC. J�
KEN WILSON - LS 5571
E- 7600 MORRO ROAD
ATASCADERO CA 93422
Imw (805)466-2445 VALLE AVE U)
\ PROJECT 09-019 JOB 09-019
119
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