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HomeMy WebLinkAboutRDA Agenda Packet 051209CITY OF ATASCA DERO COMMUNITY REDEVELOPMENT AGENCY AGENDA Tuesday, May 12, 2009 REGULAR SESSION 6 00 P M City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION 6:00 P M ROLL CALL. Chairperson O'Malley Vice Chairperson Kelley Board Member Beraud Board Member Clay Board Member Fonzi APPROVAL OF AGENDA. Roll Call COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction Speakers are limited to three minutes. Please state your name and address for the record before making your presentation The Board 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 Board) A. CONSENT CALENDAR. (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Agency Board 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 Agency Board concerning the item before action is taken DRAFT MINUTES Agency 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 Agency Board If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of this meeting ) 1 Community Redevelopment Agency Draft Minutes —March 24, 2009 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of March 24, 2009 [Board Secretary] 2. Public Assistance Representation for City's Second Appeal to FEMA ■ Fiscal Impact: The fiscal impact of the contract extension through June 20, 2009 is estimated to be $23,000 of budgeted Redevelopment Agency Funds Recommendation. Council approve extending the existing contract with James Lee Witt Associates through June 30, 2009 [Administrative Services] B PUBLIC HEARINGS None. C MANAGEMENT REPORTS Request for Transfer of Marketing Agreement by Carlton Hotel Inc. LLC ■ Fiscal Impact: None ■ Recommendation. Agency adopt the Draft Resolution approving the transfer of the Marketing Agreement for downtown Atascadero and the City of Atascadero from the Carlton Hotel Investments, LLC, to James E. Smith and Clifford Branch [Agency Counsel] BOARD ANNOUNCEMENTS AND REPORTS (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) D ADJOURNMENT TO CITY COUNCIL MEETING 2 M ITEM NUMBER RA A-1 DATE. 05/12/09 - ��- • COMMUNITY REDEVELOPMENT AGENCY DRAFT MINUTES Tuesday, March 24, 2009 City Hall Council Chambers REGULAR SESSION 6.00 P.M. Chairperson O'Malley called the meeting of the Atascadero Community Redevelopment Agency to order at 6:00 p.m ROLL CALL. Present: Board Members Beraud, Clay, Fonzi, Vice Chairperson Kelley and Chairperson O'Malley Others Present: Board Secretary Marcia McClure Torgerson and Recording Secretary Susanne Anshen Staff Present: Executive Director Wade McKinney, Assistant Executive Director Jim Lewis, Police Chief Jim Mulhall, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Senior Planner Kelly Gleason, and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Board Member Beraud and seconded by Board Member Fonzi to approve the agenda. Motion passed 5:0 by a roll -call vote. Draft RDC Minutes 03/24/09 Page 1 of 3 9 ITEM NUMBER RA A-1 DATE. 05/12/09 COMMUNITY FORUM Steve Shively from Calvary Chapel announced the Easter Sunrise Service at ,�ta.3cadoro Lake Park at 6.30 am at a service at 10 am at the Sunken Gardens on :aster Sunday and invited everyone Pastor Shively offered a blessing hairperson O'Malley closed the Community Forum period. A` CONSENT CALENDAR 1 Community Redevelopment Agency Draft Minutes — January 13, 2009 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of January 13, 2009 [Board Secretary] MOTION By Board Member Beraud and seconded by Board Member Fonzi to approve the Consent Calendar Motion passed 5:0 by a roll -call vote. E PUBLIC HEARINGS None C MANAGEMENT REPORTS Purchase of Chamber of Commerce Building - (6550 EI Camino Real) ■ Recommendations. The City Council recommends the Agency Board 1 Authorize the purchase of the building at 6550 EI Camino Real for $10,000 00; and, 2 Appropriate $11,225 00 in Redevelopment Agency Funds for the purchase and maintenance of the building, and 3 Authorize the Executive Director to execute an agreement with Atascadero Main Street for the lease of the building at 6550 EI Camino Real for $1 00 annually ■ Fiscal Impact: The total cost to the Agency is expected to be $11,225, $10,000 for the purchase of the building, $500 in repairs to the building, and $725 in sales tax for the purchase The City will also experience a loss of the $1,000 lease payment annually The Redevelopment Agency will receive a lease income of $1 00 annually from Atascadero Main Street. Consistent with Board policy to "Not approve any new appropriations without the elimination or reduction of a currently budgeted project or program," the Board eliminated the Downtown Pedestrian Bridge Project for a net reduction of $280,000 This proposed .purchase falls within that net reduction and thus complies with the policy [Executive Director] Draft RDC Minutes 03/24/09 Page 2 of 3 S ITEM NUMBER RA A-1 DATE. 05/12/09 City Manager Wade McKinney gave the staff report and answered questions of the Board Members PUBLIC COMMENT None Chairperson O'Malley closed the Public Comment period. MOTION By Vice Chairperson Kelley and seconded by Board Member Fonzi to 1 Authorize the purchase of the building at 6550 EI Camino Real for $10,000.00; and, 2. Appropriate $11,25500 in Redevelopment Agency Funds for the purchase and maintenance of the building, and 3. Authorize the Executive Director to execute an agreement with Atascadero Main Street for the lease of the building at 6550 EI Camino Real for $100 annually (Contract No RA 001-2009) Motion passed 5.0 by a roll -call vote. BOARD ANNOUNCEMENTS AND REPORTS None D ADJOURNMENT TO CITY COUNCIL MEETING - 6 06 p m MINUTES PREPARED BY Susanne Anshen, Recording Secretary Draft RDC Minutes 03/24/09 Page 3 of 3 Al En ITEM NUMBER RAA -2 DATE. 05/12/09 City of Atascadero Community Redevelopment Agency Staff Report - Administrative Services Department Public Assistance Representation for City's Second Appeal to FEMA RECOMMENDATION Council approve extending the existing contract with James Lee Witt Associates through June 30, 2009 DISCUSSION. ' As of January 1, 2009, staff contracted with James Lee Witt Associates (JLWA) for public assistance representation services for the City's second level appeal to FEMA. The selection of JLWA was based on their wide-ranging expertise with public assistance, their numerous contacts within the FEMA organization, their extensive knowledge of FEMA policy and procedure, and their broad experience writing appeals. The existing contract is a $10,000 a month retainer plus travel and other reimbursables Since January, JLWA has • obtained a thorough understanding of the Historic City Hall Project and the issues related to FEMA funding for the Project; • obtained an understanding of FEMA's determination on the appeal through contacts with various FEMA personnel, • arranged a meeting with Senator Mary Landrieu (FEMA sub -committee) to discuss City Hall earthquake damages and the appeal process and status, • met with James Walke, FEMA Director of Infrastructure and FEMA National, top supervisor for FEMA's Public Assistance appeal review, to discuss and explain the City's position for restoring City Hall, • met with Nancy Ward, FEMA Acting Administrator, to discuss and explain the City's position for restoring City Hall, • prepared and presented a PowerPoint presentation on the FEMA process, FEMA eligibility, FEMA funding and the expected timeline of the appeal process, and the obligation of funding for the special City Council meeting in March, M 7 worked with CaIEMA (formerly OES) officials to coordinate advocacy for the appeal on City Hall, and 14 wrote the Second Appeal, which was submitted to FEMA on April 9, 2009 within a compressed timeline due to FEMA misguidance (reduced from 60-75 days to less than 3 weeks) Now that the appeal has been presented submittal of additional documentation to FEMA personnel in Washington, D C understands the Project and the City's al the arguments that will accompany & Submitted by June 30, 2009 to FEMA, the remaining process will involve support the City's position and working with and Oakland to ensure that FEMA fully peal JLWA is currently working to formulate e additional documentation, which will be Staff believes it is in the City's best interest to continue retaining JLWA, as they have the knowledge of the culture within the FEMA organization that assists their formulation of an effective argument. This will also allow the City to leverage JLWA's contacts within FEMA While the City is waiting for FEMA's response, there will be opportunities for JLWA to coordinate with FEMA and CalEMA personnel on the City's behalf, in order to encourage a favorable response to the appeal The City's next steps with regard to FEMA will depend on FEMA's response to the second appeal If the response is favorable, the City will be able to move ahead with the reconstruction of City Hall with assurance of funding However, if FEMA's response is less than favorable, the expertise of JLWA will be an important tool as the City contemplates an alternate course Council has identified the repair of Historic City Hall as a priority project to the community Staff believes that retention of JLWA is vital to the ultimate success of the City's second appeal to FEMA, and requests endorsement from Council to move forward to extend the contract with JLWA, through June 30, 2009 The extent of JLWA's services beyond June 30, 2009 is anticipated to be considerably less That will be the timeframe when FEMA can request clarification of items in the appeal, and JLWA will assist staff with these requests by coordinating with individuals in the FEMA organization. Therefore, JLWA's scope of work after June 30, 2009 is expected to be re-evaluated and a new contract negotiated It is expected that the services included in a renegotiated contract would be considerably less The cost of the contract is included in currently budgeted Redevelopment Agency Funds FISCAL IMPACT The fiscal impact of the contract extension through June 20, 2009 is estimated to be $23,000 of budgeted Redevelopment Agency Funds ITEM NUMBER RA C-1 DATE. 05/12/09 Community Redevelopment Agency of Atascadero Staff Report - Agency Counsel Request for Transfer of Marketing Agreement by Carlton Hotel Inc. LLC RECOMMENDATION Agency adopt the Draft Resolution approving the transfer of the Marketing Agreement for downtown Atascadero and the City of Atascadero from the Carlton Hotel Investments, LLC, to James E Smith and Clifford Branch The Atascadero Community Redevelopment Agency (Agency) has received a request from the Carlton Hotel Inc., LLC (Carlton) to transfer the Marketing Agreement entered by the Agency and the Carlton on August 12, 2003 to James E Smith and Clifford Branch The Draft Resolution attached to this staff report would approve the proposed transfer DISCUSSION The Agency received a request from the Carlton for the Agency to consent to the transfer of the Marketing Agreement for Downtown Atascadero and the City of Atascadero, dated August 12, 2003 (Marketing Agreement), a true copy of which is attached hereto The proposed transfer is by the Carlton to James E Smith, Trustee of the James E. Smith Law Firm 401k Profit Sharing Plan as to an undivided 50% (Smith) and Clifford Branch, Trustee of the Clifford Branch Trust dated January 11, 2006, as to an undivided 50% (Branch) (Smith and Branch are collectively referred to as Transferees) n ITEM NUMBER. RA C-1 DATE. 05/12/09 Paragraph 4 of the Marketing Agreement reads as follows "4 Carlton Hotel shall not assign or transfer any interest in this contract whether by assignment or novation to any person without the prior written consent of Agency, which consent shall not be unreasonably withheld, conditioned or delayed " Billboards in the City of Atascadero are governed by Atascadero Municipal Code Title 9, Chapter 15 entitled "Signs " Code Section 9-15 003(d)(1) prohibits billboards in the City of Atascadero, subject to certain exemptions Code Section 9-15 003(c)(14) "Exempt Signs" provides for an exemption from the billboard prohibition and reads as follows "(14) Redevelopment Projects Any sign program approved and entered into by the Community Redevelopment Agency so long as the program is otherwise consistent with the General Plan of the City of Atascadero " The Marketing Agreement was entered pursuant to the provisions of Atascadero Municipal Code 9-15 003(c)(14) as a program of the Agency to market downtown Atascadero and the City of Atascadero If the Marketing Agreement is terminated for any reason, then the billboards referenced in the Marketing Agreement must be removed as the billboards would no longer be an authorized exemption to the prohibition on billboards unless there is another Agreement entered by the Agency pursuant to Atascadero Municipal Code Section 9-15 003(c)(14) ALTERNATIVES The Agency could refuse to approve the proposed transfer if the Agency finds a reasonable basis for refusing the request for transfer in which event direction should be given to staff to return to the Agency with a draft Resolution denying the requested transfer FISCAL IMPACT None ATTACHMENTS 1 Current Marketing Agreement 2 Draft Resolution 10 Attachment 1 "✓ `'emmunity Redevelopment Agenc of Atascadero Contract ;021 -.2003 MARKETING AGREEMENT FOR DOWNTOWN ATASCADERO and CITY OF ATASCADERO BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO AND CARLTON HOTEL INVESTMENTS, LLC This Agreement, ("Agreement") is made onC 4-- 2003, by and between the Community Redevelopment Agency o Atascadero ("Agency"), and Carlton Hotel Investments, LLC, a California Limited Liability Company ("Carlton Hotel") 1 The term of this Agreement shall be for a period of fifteen (15) years, commencing on 2003 (the "Initial Term") Carlton Hotel shall have the option to And the Initial Term for two (2) successive terms of seven (7) years each. A. Termination. This Agreement may be terminated prior to the end of the then existing term as follows. 1 Upon the Carlton Hotel ceasing operation, unless this Agreement is extended by mutual agreement of the parties, 2. Upon loss of State entitlements for Billboards one (1), two (2) and three (3) and the subsequent removal or dismantling of the above referenced billboards. 3 Termination of this Agreement shall be accompanied by removal of billboard display materials promoting Downtown Atascadero and the City of Atascadero 2. Agency appoints and designates Carlton Hotel as its agent to market Downtown Atascadero and City of Atascadero through the use of three (3) -highway advertising billboards within the city limits of the City of Atascadero. 11 '41✓' *"community Redevelopment Agency of Atascadero Contract 3 Carlton Hotel, at its sole expense, shall obtain appropriate sites, obtain all entitlements including but not limited to State and local permits, and provide for the construction, maintenance and ownership and/or leasehold of three highway - advertising billboards as described below - A. Billboard #1 (Exhibit A) shall be constructed on property located at 2600 El Camino Real located east of State Highway 101 The billboard sign faces shall be a maximum of fourteen (14) feet in height, forty (40) feet in width, and the structure shall be a maximum of thirty-five (35) feet in height. The southbound sign face pursuant to Section 3.E below, shall contain a display promoting the Carlton Hotel. The southbound face shall also include an "extension/tag-on sign" to promote Downtown Atascadero and/or City of Atascadero. Dimensions for the "extension/tag-on sign" shall be forty feet wide by three feet high (40'x 3'). The northbound sign face shall be leased by the owner for advertising pursuant to Section 3 G of this Agreement. B Billboard #2 (Exhibit B) shall be constructed along State Highway 101 in the southerly portion of the City on property located at 8981 La Lima Street. The billboard sign faces shall be a maximum of fourteen (14) feet in height, forty (40) feet in width, and the structure a maximum of thirty-five (35) feet in height. The northbound sign face shall contain a display promoting the Carlton Hotel. The northbound face shall also include an "extension/tag-on sign" to promote Downtown Atascadero and/or City of Atascadero Dimensions for the "extension/tag-on sign" shall be forty feet wide by three feet high (40'x 3'). The southbound sign face may be leased by the owner for advertising pursuant to Section 3 G of this Agreement. C Billboard #3 (Exhibit C) shall be constructed along State Highway 101 in the northern portion of the City on property located at 1516 El Camino Real east of Highway 101 The billboard sign faces shall be a maximum of fourteen 2 .32 �ommunity Redevelopment Agency of Atascadero Contract (14) feet in height, forty (40) feet in width, and the structure a maximum of thirty-five (35) feet in height. The southbound sign face shall contain a display promoting the Carlton Hotel. The southbound sign face shall also include an "extension/tag-on sign" to promote Downtown Atascadero andlor City of Atascadero Dimensions for the city "extension/tag-on sign" shall be forty feet wide by three feet high (40'x 3') The northbound sign face may be leased by the owner for advertising pursuant to Section 3 G of this Agreement. D The sign faces shall be maintained at all times in good condition, reasonable wear and tear excepted, by Carlton Hotel at its sole expense and Carlton Hotel shall change the signs and "extension/tag-on" signs periodically at its sole expense. "Extension/tag-on" signs, if requested by Agency, shall be changed no less than 4 times a year, and no more than 8 times a year to promote Downtown Atascadero or City of Atascadero events and marketing campaigns. E. Carlton Hotel agrees not to allow any advertising of Tobacco, Pornography, Profanity, and Alcoholic Beverages (except Wine, Winery Tasting Rooms or Vineyards) on any sign face. F Any illumination of signs shall be installed under the sign, diverted upward and shall be confined to the billboard face(s) and shall not cause any glare to vehicular traffic or other properties. Illumination systems shall be kept in good working order at all times for dusk -to -dawn illumination. 3 13 �y Community Redevelopment Agency of Atascadero Contract C Prior to issuance of sign permits, Carlton Hotel shall provide certificates of site control and consent by the owners of all sites to the termination provisions of this agreement. The owners shall agree that they will be estopped from asserting any right to maintain the billboards in the event of any default described in paragraph 10 below 4_ Carlton Hotel shall not assign or transfer any interest in this contract whether by assignment or novation, to any person without the prior express written consent of Agency, which consent shall not be unreasonably withheld, conditioned or delayed. 5 Carlton shall indemnify, defend, and hold harmless the Agency, its officers, officials, agents and employees from and against any and all claims, damages, liability costs, losses, and expenses including without limitation to court costs and reasonable attorney's fees arising out of or in connection with the Carlton Hotel's negligent performance of work here under or its negligent failure to comply with any of its obligations contained in this Agreement, except for any loss or damage which was caused by the negligence or willful misconduct of the Agency 6 This Agreement may be amended only by a writing signed by each of the parties. 7 If any term or provision hereof shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms and provisions thereof shall not be affected thereby, but shall be valid and enforceable. b The waiver of any breach of any of the provisions of this Agreement by Agency shall not be a continuing waiver or a waiver of any subsequent breach by Carlton Hotel either of the same or any other provisions of this Agreement. 9 Time is of the essence of this Agreement 4 14 T5 W Community Redevelopment Agency of Atascadero Contract 10 The express permission of the Community Redevelopment Agency of Atascadero and the City of Atascadero for CARLTON Hotel Investments LLC to own, operate and lease the aforementioned billboards is immediately revocable upon any of the following events A. Failure by CARLTON Hotel Investments LLC to complete construction of hotel project by December 31, 2004, B Failure to open and operate hotel by April 30, 2005, or C Closure of hotel, after opening, lasting longer than 6 months. 11 Miscellaneous Provisions. A. The Carlton Hotel shall designate a protect manager who at all times shall represent the Carlton Hotel before the Agency on all matters relating to this Agreement. B The Carlton Hotel shall keep itself fully informed of, shall observe and comply with, and shall use reasonable efforts to cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any material manner affect those engaged or employed on the work described by this Agreement or the materials used or which in any way affect the conduct of the work. C Carlton Hotel shall not engage in unlawful employment discrimination, which in any manner affect those engaged or employed on the work described by this agreement. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. s 15 ,`r,,' fir►' Community Redevelopment Agency of Atascadero Contract D This Contract shall be interpreted and governed by the laws of the State of California. Any action arising out of this Contract shall be brought in San Luis Obispo County, California, regardless of where else venue may lie IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY of ATASCADERO Wade G McKinney, Executive I rector Date: APP VEDAS F RM. Bv: Roy a ey, CityAgenp Counsel ATTEST B — Marcia Torgerson, City Clerk 16 CARLTON Hotel Investments, LLC Califo Limited Liab' ompany By A 1, Kj Title '111 AA'ot—1 Date -1 L `t 6 3 Attachment 2 DRAFT RESOLUTION A RESOLUTION OF THE CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY APPROVING THE TRANSFER OF THE MARKETING AGREEMENT FOR DOWNTOWN ATASCADERO AND THE CITY OF ATASCADERO THE ATASCADERO COMMUNITY REDEVELOPMENT AGENCY RESOLVES AS FOLLOWS SECTION 1 The Agency finds as follows A. The Atascadero Community Redevelopment Agency (Agency) has received from Carlton Hotel Investments, LLC (Carlton) a request for the Agency to consent to the transfer of the Marketing Agreement for Downtown Atascadero and the City of Atascadero, dated August 12, 2003 (Marketing Agreement), a true copy of which is attached hereto as Exhibit "A", and hereby incorporated by this reference B The proposed transfer is by the Carlton to James E. Smith, Trustee of the James E. Smith Law Firm 401k Profit Sharing Plan as to an undivided 50% (Smith) and Clifford Branch, Trustee of the Clifford Branch Trust dated January 11, 2006, as to an undivided 50% (Branch) (Smith and Branch are collectively referred to as Transferees) C Paragraph 4 of the Marketing Agreement reads as follows "4 Carlton Hotel shall not assign or transfer any interest in this contract whether by assignment or novation to any person without the prior written consent of Agency, which consent shall not be unreasonably withheld, conditioned or delayed." D Billboards in the City of Atascadero are governed by Atascadero Municipal Code Title 9, Chapter 15 entitled "Signs" E. Atascadero Municipal Code Section 9-15 003(d)(1) prohibits billboards in the City of Atascadero, subject to certain exemptions. F Atascadero Municipal Code Section 9-15 003(c)(14) 'Exempt Signs" provides for an exemption from the billboard prohibition and reads as follows "(14) Redevelopment Projects Any sign program approved and entered into by the Community Redevelopment Agency so long as the program is otherwise consistent with the General Plan of the City of Atascadero." G The Marketing Agreement was entered pursuant to the provisions of Atascadero Municipal Code 9-15 003(c)(14) as a program of the Agency to market downtown Atascadero and the City of Atascadero 17 H. If the Marketing Agreement is terminated for any reason, then the billboards referenced in the Marketing Agreement must be removed as the billboards would no longer be an authorized exemption to the prohibition on billboards unless there is another Agreement entered by the Agency pursuant to Atascadero Municipal Code Section 9- 1.5 003(c)(14) SECTION 2 The Agency hereby approves the proposed transfer of the Marketing Agreement from the Carlton to Transferees. On motion by Board Member and seconded by Board Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES NOES ABSENT ADOPTED• ATASCADERO COMMUNITY REDEVELOPMENT AGENCY Tom O'Malley, Agency Chairperson A'T'TEST Marcia McClure Torgerson, C.M.C., Board Secretary APPROVED AS TO FORM. Brian A. Pierik, Agency General Counsel