Loading...
HomeMy WebLinkAboutRDA Agenda Packet 052405CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY Tuesday, May 24, 2005 6:30 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California ROLL CALL: Chairperson Pacas Vice Chairperson Clay Board Member Luna Board Member O'Malley Board Member Scalise APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: 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.) A. CONSENT CALENDAR: 1. Community Redevelopment Apencv Minutes — April 26. 2005 ■ Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of April 26, 2005. [Board Secretary] 2. Annual Report From Atascadero Main Street ■ Fiscal Impact: None. ■ Recommendation: Agency Board receive Annual Report. [Executive Director] 1 3. Relocation Guidelines — Joint Resolution ■ Fiscal Impact: The costs associated with providing relocation assistance is unique to each instance under which it would be provided, therefore cannot be known in advance. ■ Recommendation: Agency Board approve the draft Joint Resolution of the City Council of the City of Atascadero and the Board of Directors of the Community Redevelopment Agency of Atascadero, adopting Relocation Guidelines. [Executive Director] 4. Lease Aareement with the City of Atascadero ■ Fiscal Impact: The City of Atascadero will tender $373,596.00 each year of the Agreement for a total of $1,494,384.00 over the term of the Lease. ■ Recommendation: Agency Board approve the Lease Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and authorize Executive Director to sign said Lease Agreement. [Executive Director] B. EXECUTIVE DIRECTOR REPORT: Wade McKinney, Executive Director C. ADJOURNMENT 2 ITEM NUMBER: RAA -1 DATE: 05/24/05 { 1918 T9 I 19Zi �7 i, CITY OF ATASCADER® COMMUNITY REDEVELOPMENT AGENCY Tuesday, April 26, 2005 6:30 P.M. Chairperson Pacas called the meeting to order at 6:32 p.m. ROLL CALL: Present: Board Members Luna, O'Malley, Scalise, Clay and Chairperson Pacas Absent: None Others Present: Board Secretary Marcia McClure Torgerson and Recording Secretary Grace Pucci Staff Present: Executive Director Wade McKinney, Assistant City Manager Jim Lewis, Deputy Executive Director of Redevelopment Marty Tracey, Board Treasurer Racheiie Rickard, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone and City Attorney Patrick Enright. APPROVAL OF AGENDA: MOTION: By Vice Chairperson Clay and seconded by Board Member Luna to approve the agenda. Motion passed 5:0 by a roll -call vote. COMMUNITY FORUM: Stu Stoddard, Atascadero Performing Arts Center Committee, spoke about the group's partnership with Cal Poly to put together designs for a performing arts center, and RDA Draft Minutes 04/26/05 Page 1 of 2 3 requested an opportunity for his committee to present some of the designs to the Board. Mr. Stoddard answered questions of the Board. There was Board consensus to have staff schedule this item for a future Redevelopment Agency agenda. Chairperson Pacas closed the Community Forum period. BOARD ANNOUNCEMENTS AND REPORTS: A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes —March 22, 2005 ■ Board Secretary Recommendation: Board approve the Community Redeveiopment Agency minutes of March 22, 2005. [Board Secretary] MOTION: By Vice Chairperson Clay and seconded by Board Member Scalise to approve Item #A-1. Motion passed 5:0 by a roll -call vote. B. EXECUTIVE DIRECTOR REPORT: Wade McKinney, Executive Director None C. ADJOURNMENT Chairperson Pacas adjourned the meeting at 6:42 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary RDA Draft Minutes 04/26/05 Page 2 of 2 M ITEM NUMBER: RAA -2 DATE: 05/24/05 Community Redevelopment Agency of Atascadero Staff Report - Executive Director Annual Report From Atascadero Main Street RECOMMENDATION: Agency Board receive Annual Report. DISCUSSION: Background: The Agency entered into an Agreement to provide services with Atascadero Main Street on or about September 2002. Pursuant to the terms of that agreement, Atascadero Main Street is required to furnish an annual report outlining the accomplishments of the preceding year, and a work plan for the upcoming year. ATTACHMENTS: 1. Copy of Annual Report R ATASCADERO MAIN STREET To: Marty Tracey Cc: Wade McKinney Atascadero Redevelopment Agency Atascadero City Council Fr: Bobbi Nunez, President, Atascadero Main Street Board of Directors Re: Funding for FY2005-2006 Dt: May 9, 2004 As per the stipulations of our agreement, please find the following documents attached: • Annual Report of Activities for FY2003-2004 • Goals & Priorities for 2005-2006 • Approved Work Plan for FY2004-2005 • Approved Operational Budget for FY2004-2005 At this time, the Atascadero Main Street program formally requests continued funding the Atascadero Redevelopment Agency and the City of Atascadero for FY2004-2005 in the following amounts: Atascadero Redevelopment Agency $60,000 City of Atascadero, PBIA funds $10,500 (approximate) Payment to be made in accordance with the timetables called out in our existing agreement. These funding levels represent a $2,000 (2.9%) increase over those granted for FY2004-2005 and reflect our board's sensitivity to the fluctuations in city revenues caused by the state budget crisis and its wisely. ,cision regarding continued funding at your earliest convenience. 5735 El Camino Real — P.O. Box 3090 — Atascadero, CA 93422 (805) 462-0177 — Fax: (805) 462-0173 — email: info@atascaderomainstreet.org 9 ATASCADERO MAIN STREET April 301, 2005 To the Atascadero Cite Council and Members of the Redevelopment Agency: As required by the contracts between the City of Atascadero and Atascadero Main Street, Inc. and the Redevelopment Agency and Main Street; the following is a summary of this past year's achievements, followed by an overview of Main Street's proposed Goals and Objectives for the coming year. Past Year's Activities: Design Committee: Established updated mission statement: "To promote the Main Street mission by reviewing and developing design guidelines and maximize its involvement with the city in the application of those guidelines. " ➢ The Design Committee has worked to assist the city and local businesses in the following areas: o Mini -survey of members to identify areas of concern. o Entered into an agreement with the city to assist with urn and other streetscape maintenance. o Proposed a workshop to help businesses develop icon signage. o Identify existing parking. o Plan for directional signage to existing parking. o Publicize parking locations in newsletter and local media. o Create an incentive plan for employee parking. o Advocate the creation of new parking. o Investigate potential sites for new downtown banners. o Support the city's plan for the South Mall parking lot. o Amend design standards as needed. o Assist with the improvement/development of downtown lighting. o Form an advisory group to discuss creek development. o Assisted with development of a fast fagade improvement program to maximize the benefits of the Redevelopment Agency's funds. o Made the following recommendations to the Main Street Board: ■ Request city extend streetscape elements onto Entrada and Traffic Way as soon as possible. 5735 El Camino Real — P.O. Box 3090 — Atascadero, CA 93422 (805) 462-0177 — Fax: (805) 462-0173 — email: info@ataseaderomainstreet.org 7 ■ Request the city make pavered crosswalks and bulbouts part of the streetscape design for Entrada and Traffic Way. ■ Request the city provide more information regarding design of Lewis Bridge and form a Bridge Design Committee. ■ Request the city post new speed limit signs and enforce limits on Traffic Way and El Camino Real. ■ Request the city utilize the Fire Station lawn for parking project. Promotion Committee: Presentation of annual special events: Winter Wonderland - December Annual Dinner/Business Meeting — January r Sweetheart Stroll - February ➢ Springtime in the Colony — March ➢ Preparations for revised Main Street Market & Music event — May through August Assistance with city and other events: v Hot El Camino Nite — Aueust i' Colony Days — October A Holiday Lighting Ceremony— December Other: ➢ Mini -survey of member to identify areas of concern. i> Entered Farmers Market in New Event Development competition sponsored by California Downtown Association. Received honorable mention. ➢ Initiated tour of downtown Atascadero by 70 delegates of the California Downtown Association during the annual conference held this year in San Luis Obispo. ➢ Incorporated the art community in downtown events (e.(,., 20 local artists participated in the annual Sweetheart Stroll event). ➢ Increased the use of attractive banners and other signage to promote downtown events. Assisted other groups with promotional activities (e.g., Pine Mountain Music Festival) i> Worked with city, Chamber and Promotion Coordinating Committee to develop local tourism: ➢ Developed new website (www.visitatascadero.com) at no charge. Y Helped develop/manage budgets ➢ Helped develop promotional materials i Helped organization tourism workshop. Economic Restructuring Committee: Support for city/Chamber educational activities: ➢ Facade Improvement Program Unreinforced Masonry Building Workshop ➢ Downtown Re -Visioning Process ➢ ADA Compliance Information Chamber's Telephone Doctor Business Seminar i Chamber's Economic Forecast Report ➢ Springtime in the Colony — March ➢ Preparations for revised Main Street Market & Music event — May through August ➢ Facilitated discussions between merchants and city staff re: parking. ➢ Helped form Economic Task Force utilizing local business/banking input to generate suggestions for Council's Strategic Planning process. 5735 El Camino Real — P.O. Box 3090 — Atascadero, CA 93422 (805) 462-0177 — Fax: (805) 462-0173 — email: info@atascaderomainstreet.org ➢ Facilitated opening lines of communication with downtown property owners re: future use of land (e.g., Hoff family plans for property on west side of El Camino Real downtown). Teamed with Small Business Development Corporation/Cueste College to brine on-site business consultations to local merchants. ➢ Worked with Steve Devencenzi of SLOCOG on baseline information for a Places3 land use map -plotting project. Teamed with Paso Robles Main Street Association to present "Power Tools for Business" seminar. ➢ Worked with Carlton Hotel to address parking impacts of the opening of the facility. Organization Committee: Annual activities: r Agenda planning for all board meetings ➢ Tracking of revenues and expenditures through financial reports ➢ Maintaining current accounts payable ➢ Maintaining current mailing list of membership ➢ Evaluation of executive director Maintenance of relationship with other related organizations (e.g., Chamber of Commerce, SLOVCB, California Downtown Association, etc. Other accomplishments over the last year include: • Main Street newsletters, mailed and emailed • Continuance of regular public newssheet in the Atascadero News • Upgrade of the organization's website r' The/Atascadero Main Street board, committees and staff look forward to another productive year in 2005-2046, continuing the process of transforming downtown into the historical, cultural, social and economic oenwT of Actascadero. Res ectlully s � tted by the Main Street Board of Directors: ts000r lvunez, rrcaiuciii�, 1 5735 El Camino Real — P.O. Box 3090 — Atascadero, CA 93422 (805) 462-0177 — Fax: (805) 462-0173 — email: info@ataseaderomainstreet.org E Goals & Priorities 2005-2006 (1= "I will actively work to see this is accomplished." 2= "I don't oppose this, but I'm not going to spend a lot of my time on it." 3= "This is totally unimportant and should not be a priority.") DESIGN Improve shopper safety Improve parking & lighting Clean up/enhance creek Traffic Way name change Re -brand Main Street district Educate public re: shopping locally Public art policy/locations Signage (sandwich/storefront/monument) Informational kiosks Encourage streetscape extension Continue/enhance fagade improvement ECONOMIC RESTRUCTURING 1 2 3 4 2 0 6 1 0 2 5 0 2 5 0 4 3 0 6 1 0 6 1 0 3 3 1 4 3 0 5 2 0 5 2 0 Involve developers/property owners 4 3 0 Minimize negative construction effects 5 2 0 Educate members re: biz -to -biz sales 4 3 0 Work to enhance parking 4 3 0 PROMOTIONS Revise/improve farmers market 5 2 0 Involve other organizations 3 4 0 Increase accountability 1 5 0 Building on Carlton opening -3 3 1 Promote district with advertising 3 4 0 Tie in city big screen w/promos 3 3 1 Establish event definition policy 5 2 0 Maintain/enhance existing events 3 4 0 ORGANIZATION Improve communications w/City, Chamber, community 3 3 0 Increase cooperation w/Chamber 2 4 0 Increase board participation 3 3 0 Increase/broaden funding sources 2 4 0 Synchronize fiscal/calendar years 1 4 1 10 Atascadera Main Street - DRAFT - Budget - Revenues Fiscal Year = July 1, 2005 through June 30, 2006 PROPOSED 7/l/05-6/30/06 FUND BALANCE PBIA - Projected Carryover $ 0% Main Street - Projected Carryover $ 0% Sub -total $ - 0% REVENUE Membership $ 2,500.00 3% PBIA $ 10,500.00 11°0 RDA $ 60,000.00 64% Grants/Other $ 2,250.00 2% Sub -total $ 75,250.00 81% Desion Streetscapes $ - 0°0 Parking and Lighting $ 0% Art Coordination $ - 006 Sub -total $ 0% Promotion Farmers Market $ 0% Establish Event Policy $ - 0% Winter Wonderland $ 9,000.00 10% Annual Dinner $ 3,500.00 4% Sweetheart Stroll $ 1,500.00 20% Springtime ITC $ 1,500.00 2% Chamber Showcase Mixer $ 0% Chamber Spring Sale $ 090 Chamber Business Seminar $ - 0% Sub -total $ 15,500.00 17% Economic Restructuring Farmers Market $ - 0% ' Member Directory $ 2,500.00 3°0. Promotional Publication $ - 00/0 Recruiting Package $ 000 Seminars $ 0% Update Database $ - 0% Sub -total $ 2,500.00 Organization Annual Meeting $ - 0% Board Election $ 0% Mixers/mailings $ 0% Newsletters $ 0% Planning Session $ 0% Volunteer Breakfast $ 0% Web Site Maintenance $ 0% Window Decals $ 0% Sub -total $ - 0% Total Revenues $ 93,250.00 100% EXPENSES 12 Atascadero Main Street Budget - DRAFT - Expenses Streetscapes Fiscal Year = July 1, 2005 through June 30, 2006 2% Parking and Lighting BUDGET 500.00 1% 7/l/05-6/30/06 $ 500.00 Personnel Sub -total $ Exec. Benefits $ - 0% Executive Director $ 46,838.00 50% Payroll Taxes $ 880.00 1% Professional Development $ - 0% Support Staff $ 9,000.00 10% Workers Compensation $ 233.00 0% Sub -Total $ 56,951.00 61% Operations S 500.00 1 % Bookkeeping S 2,100.00 2% Insurance - Liabililty S 1,700.00 2% Office Supplies/expenses $ 1,500.00 2% Other (Reserve) $ 1,239.00 1% Postage $ 350.00 0% Rent S 6,000.00 6% Telephone $ 1,060.00 1 % Utilities S 2.400.00 3% Sub -Total $ 16,349.00 18% Design Page 1 of 1 Streetscapes $ 1,500.00 2% Parking and Lighting $ 500.00 1% Art Coordination $ 500.00 1 % Sub -total $ 2,500.00 3% Promotion Farmers Market $ - 0% Establish Event Policy $ - 0% Winter Wonderland S 8,500.00 9% Annual Dinner $ 2,000.00 2% Sweetheart Stroll S 500.00 1 % Springtime ITC $ 500.00 1% Chamber Showcase Mixer $ 250.00 0% Chamber Spring Sale $ 250.00 0% Chamber Business Seminar $ 500.00 1% Sub -total $ 12, 500.00 13% Economic Restructuring Minimize Construction Impacts $ - 0% Member Directory $ 1,500.00 2% Promotional Publication $ 1,000.00 1% Recruiting Package S 250.00 0% Seminars $ 500.00 1% Update Database $ 250.00 0% Sub -total $ 3,500.00 4% Organization Annual Meeting $ - 0% Board Election $ 250.00 0% Newsletters $ 1,200.00 1 % Web Site Maintenance $ - 0% Window Decals $ - 0% Sub -total $ 1,450.00 2% Total Expenses S 93,250.00 100% Net Profit/Loss $ Page 1 of 1 Main Street "Transforming downtown into the historical, cultural, social and economic center of Atascadero" Organization Design i- Economic Restructuring 5735 EI Camino Real, Suite K •i' Promotion P.O. Box 3090 Atascadero, CA 93446 info@atascaderomainstreet.org www.atascaderomainstreet.org 13 The Downtown Board of Atascadero Main Street Directors Association Bobbi Nunez President Atascadero Main Street consists of business owners, property owners (The ARTery) and citizen volunteers dedicated to transforming downtown into the his- torical, cultural, social and economic center of Atascadero. Any busi- S'heryle Machado ness located within the downtown boundaries, is entitled to member- Vice -President ship in Main Street. We also welcome others in the community to (Country Real Estate) become associate members. We are here to promote business in downtown and represent your needs. This is a four -point approach to James Katen downtown revitalization, creating a total image for downtown, which is Secretary -Treasurer implemented through Main Street's four committees as follows: (At -Large) The Board of Directors in the Atascadero Main Street Association works Muna Cristal with the Organization Committee, and through the work of the board (Cristal Air) members and volunteers establish the association's goals, objectives, budget, work plan and fund raising activities. Barbie Butz (Butz Construction) The Design Committee consists of board members, property owners, business owners and community volunteers in such fields as the arts, Jan Bewley design, engineering, architecture and business. This Committee works (Peabody & Plum) toward enhancing the visual quality of Downtown Atascadero through our revitalization plan, assisting property and business owners with Vivian Michel fagade improvements, window displays, street landscaping and creating (Property Owner) an inviting atmosphere for downtown shoppers. Nathan Roster The Economic Restructuring Committee, consisting of board members (My Turn! Games) and volunteers in the fields of banking, business consulting, real estate, and government, works to secure a diversified downtown business mix Britia Drinkard that promotes a competitive market while assisting existing businesses (Sweet Memories) and recruiting new business. Larry 'Hansen The Promotions Committee, consisting of board members, retailers, (American Golfers United) other promoters, the Chamber, news media representatives and com- munity volunteers, works to plan events and promotions to draw con- Tricia Williams sumers into Downtown Atascadero. (Malibu Brew) Staff Steve Martin Executive Director Atascadero Main Street - 5735 El Camino Real, Ste. K - 462-0177 14 Pg. 2 Streetscapes Objectives: Expand the installation of approved street elements throughout the Main Street district. Continue/enhance the facade improvement program to make buildings down- town more physically attractive. Timeline: Ongoing Parking and E_ighting Objectives: Assist local business owners in efforts to identify and manage existing parking more efficiently. Work with city staff to identify opportunities for expanding the Project List: inventory of parking spaces. Keep safe, attractive and consistent lighting elements before city government as Streetscapes high priorities. Timeline: Ongoing Parking and Ligh Public Art Street Signs/Banners Objective: Public Art Create a policy for the solicitation, review and acceptance of public art in the downtown area. identify at least three specific locations for the display of public art. Timeline: Ongoing Other priorities as time/resources permit: improve shopper safety Clean-up/enhance creek Change name of Traffic Way Re -brand the Main Street district Address signage (sandwich/storefront/monument) Develop informational kiosks L_J Atascadero Main Street - 5735 E/ Camino Real, Ste. K - 462-0177 Pg. 3 15 Farmers Market Objective: Merge with North County Farmer's Market Association to stage one market in the Sunken Gardens area. Timeline: Ongoing PROMOTIONS Establish Event Policy Objective: Create policy/criteria defining what a Main Street event is (e.g., purposes, organization, funding, etc.) Timeline: Ongoing Project List: Educate Public re: Shopping Locally Objective: Farmers Market Inform the community regarding the benefits of shopping locally. Establish Event Policy Timeline: Ongoing Educate Public re: Other priorities as time/resources permit: shopping locally Maintain/enhance existing events including Winter Wonderland, Sweetheart Stroll, Springtime in the Colony. Build on the Carlton Hotel opening. Promote the Main Street district with advertising. Tie in city's Big Screen Movies with Main Street events. Involve other community organizations. Increase event accountability. Atascadero Main Street - 5735 El Camino Real, Ste. K - 462-0177 W Minimize Construction Impacts Objective: Work with the city and developers to minimize the negative impacts of new con- struction on the existing businesses. Timeline: Ongoing. Economic Develop Printed Promotional Material Objective: Develop an updated business directory/map/marketing tool for use by local businesses and the general public Timeline: Ongoing. Develop Business Recruitment Package Restructuring Objective: Develop a packet of informational materials to be used to inform and attract new businesses into the downtown area. Timeline: Ongoing. Present Business Seminar Objective: Present at least one instructional seminar for the purpose of providing downtown business owners with tools to improve operations. Areas of focus may include: business set-up, business planning, marketing/advertising, special promotions, etc. Timeline: Ongoing. Enhance Oraanization Database Objective: Contninue to refine and develop the organization's membership database to more accurately reflect/update/use business information. Timeline: Ongoing. Other priorities as time/resources permit: Involve developers/property owners in the process of downtown revitalization. Educate members re: business -to -business marketing. Work to enhance parking downtown. Atascadero Main Street - 5735 El Camino Real, Ste. K - 462-0177 Project List: Minimize Negative Construction Impacts Develop Printed Promotional Materials Develop Business Recruitment Paka_ge Present Business Seminar Enhance Organization Database Pg. 5 17 Unprioritized Objectives The board holds each of the following objectives to be of the same importance: Improved communications with city/chamber/community. Increased board participation in Main Street activities. Other priorities as time/resources permit: Increase/broaden funding sources. Organization Project List: Unprioritized Objectives Atascadero Main Street - 5735 El Camino Real, Ste. K - 462-0177 im ITEM NUMBER: RAA -3 DATE: 05/24/05 Community Redevelopment Agency of Atascadero Staff Report — Executive Director Relocation Guidelines - Joint Resolution RECOMMENDATION: Agency Board approve the draft Joint Resolution of the City Council of the City of Atascadero and the Board of Directors of the Community Redevelopment Agency of Atascadero, adopting Relocation Guidelines. DISCUSSION: This is a procedural step implementing the Redevelopment Plan. Potential projects included in the Downtown priorities established by the Board and City Council may require relocation. Background: The Community Redevelopment of Atascadero may from time to time undertake certain public improvement projects and other actions that might lead to the displacement of individuals and businesses. The California Department of Housing and Community Development (HCD) has adopted regulations to assist in the implementation of the California Relocation Assistance Law (CRAL), which regulations are found in Articles 1 through 5 of Subchapter 1 of Chapter 6 of Division 1 of Title 25 of the California Code of Regulations (the "Relocation Guidelines") California law requires that "[e]ach public entity before undertaking or participating in activity which will result in the displacement of persons shall, adopt rules and regulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines." Conclusion: Given the legal requirement to establish Relocation Guidelines, Staff recommends adoption of the draft resolution. 1 19 ITEM NUMBER: RAA -3 DATE: 05/24/05 FISCAL IMPACT: The costs associated with providing relocation assistance is unique to each instance under which it would be provided, therefore cannot be known in advance. ALTERNATIVES: 1. Decline to approve. 2. Create rules and regulations that implement the requirements of California Relocation Assistance Law. Because of the legal requirement to adopt rules and regulations related to the implementation of California Relocation Assistance Law, and the economy achieved by adopting existing California State rules and regulations to implement the requirements of California Relocation Assistance Law, neither alternative is recommended. ATTACHMENTS: Draft Joint Resolution. 20 DRAFT RESOLUTION JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AND THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO ADOPTING RELOCATION GUIDELINES WHEREAS pursuant to Chapter 16 of Division 7 of Title 1 of the California Government Code, individuals and businesses displaced as a direct result of governmental actions may be entitled to receive relocation assistance (the "California Relocation Assistance Law" or "CRAL"); and WHEREAS, Section 7267.8 of the California Government Code requires that all public agencies adopt rules and regulations to implement payments and to administer relocation assistance under the CRAL, and that such local rules be consistent with rules and regulations adopted by the California Department of Housing and Community Development ("HCD"); and WHEREAS, the City of Atascadero ("City") from time -to -time undertakes certain public improvement projects and other actions that might lead to the displacement of individuals and businesses as described in the CRAL; and WHEREAS, the Community Redevelopment Agency of Atascadero ("Agency") from time -to -time undertakes certain public improvement projects and other actions pursuant to the City's previously adopted Redevelopment Plan that might lead to the displacement of individuals and businesses as described in the CRAL; and WHEREAS, HCD has adopted regulations to assist in the implementation of the CRAL, which regulations are found in Articles 1 through 5 of Subchapter 1 of Chapter 6 of Division 1 of Title 25 of the California Code of Regulations (the "Relocation Guidelines"); and WHEREAS, section 6006(a) of the Relocation Guidelines provides, in part, that "[e]ach public entity before undertaking or participating in activity which will result in the displacement of persons shall, adopt rules and regulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines." NOW, THEREFORE, the City Council of the City of Atascadero and the Board of Directors of the Community Redevelopment Agency of Atascadero resolve as follows: 1. The Relocation Guidelines, as they may be amended and/or supplemented from time -to -time by HCD, are hereby adopted by City Council as the City's respective local rules and regulations for implementing the requirements of the CRAL. 2. The Relocation Guidelines, as they may be amended and/or supplemented from time -to -time by HCD, are hereby adopted by Agency Board of Directors as the Agency's respective local rules and regulations for implementing the requirements of the CRAL. 21 3. The City Manager in consultation with the City's legal counsel and the City Council, and the Executive Director, in consultation with Agency's legal council and the Board of Directors, are hereby authorized to promulgate such additional rules and regulations and/or make such other modifications to the rules and regulations, consistent with the CRAL and the Relocation Guidelines, as they deem necessary and proper to ensure that relocation assistance is provided in a manner consistent with the CRAL and the Relocation Guidelines. IN WITNESS WHEREOF, we, the members of City Council of the City of Atascadero and the members of the Board of Directors of the Community Redevelopment Agency of Atascadero, do hereby adopt this Resolution on this th day of , 2005. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on this day of , 2005. CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY By: By: Wendy Scalise, Mayor Becky Pacas, Chairperson ATTEST: APPROVED AS TO FORM: By: By: Marcia McClure Torgerson, City Clerk Patrick L. Enright, City Attorney M ITEM NUMBER: RAA -4 DATE: 05/24/05 Community Redevelopment Agency Staff Report - Executive Director Lease Agreement with City of Atascadero RECOMMENDATION: Agency Board approve the Lease Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and authorize Executive Director, Wade McKinney, to sign said Lease Agreement. DISCUSSION: Background: The Agency is committed to the revitalization and enhancement of the Downtown area. On or about December 15, 2004, the Community Redevelopment Agency became the owner of real property located at 6901 EI Camino Real, Atascadero, California. Agency ownership of the property is consistent with the Community Redevelopment Agency Redevelopment Plan. Goals of this plan include elimination of such conditions of blight by providing needed public improvements, improvements and revitalization of the downtown, and to encourage rehabilitation and repair of deteriorated structures. Ownership put the Agency in a position to further downtown revitalization through revitalization of the building, creek enhancement, and made the Agency a principal stakeholder in how the downtown area develops. Dr. James Harrison and other owners of Century Plaza, where the current City Hall Annex is located, have proposed a new commercial project on the property adjacent to the property owned by the Agency. Conceptual plans of the new project call for the facility currently occupied by City Hall Annex to be demolished. City Staff expressed an interest in leasing the Agency's property located at 6901 EI Camino Real, Atascadero for the purpose of operating a City Hall Annex. Agency and City staff have negotiated a Lease Agreement that will enable the City to utilize the Creekside building as a replacement City Hall Annex. Key features of the Lease Agreement are as follows: 1 23 ITEM NUMBER: RAA -4 DATE: 05/24/05 Four (4) year term. Option of either party to terminate Lease upon thirty days written notice. City to tender $31,133.00 per month to Agency. City is authorized to make interior improvements and alterations. Y Improvements and alterations shall become the property of the Agency upon expiration or termination of the lease. City is responsible for costs associated with the installation and maintenance of utility services. City is responsible for the maintenance of the interior portions of the leased space. Agency is responsible to keep the premises in compliance with federal, state and local laws. y City shall provide public liability insurance in the amount of one million dollars. All fixtures installed by the City shall remain City property. Conclusion: Agency and City Staff negotiated the Lease Agreement over a two-month period, and concur on the terms and conditions contained therein. Staff recommends approval of said Lease Agreement. FISCAL IMPACT: The City of Atascadero will tender $373,596.00 each year of the Agreement for a total it of $1,494,384.00 over the term of the Lease. ALTERNATIVES: 1. The Agency Board may alter the terms and conditions of the Lease Agreement. 2. The Agency Board may decline to lease the real property. Alternative 1 in not recommended given the time and effort of City Staff and Agency Staff in reaching agreement. Alternative 2 is also not recommended, because the building currently under lease by the City is slated for demolition as part of the greater Colony Square Project. ATTACHMENT: Lease Agreement for the City of Atascadero, 6901 EI Camino Real • 24 2 DRAFT 43 LEASE AGREEMENT 5/11/05 FOR THE CITY OF ATASCADERO 6901 EL CAMINO REAL THIS LEASE AGREEMENT is entered into on this day of , 2005, by and between the Atascadero Community Redevelopment Agency, California, a municipal corporation (hereinafter referred to as "Agency"), and the City of Atascadero, California, a municipal corporation (hereinafter referred to as "City"). RECITALS WHEREAS, City desires to operate a City Hall out of an Agency owned property, and has agreed to rent said space from Agency; and WHEREAS, the Agency, in consideration of the promises and covenants of City set forth herein, agrees to rent said property to City for the purpose of operating a City Hall, and for no other purpose. NOW, THEREFORE, the parties hereto agree as follows: 1. Premises. The Agency will rent to City the premises located at 6901 EI Camino Real, Atascadero, California, (hereinafter referred to as "Premises"), for City Hall activities within the City of Atascadero. 2. Term. The term of this Lease Agreement (hereinafter referred to as "Lease") shall have a period of four (4) years beginning on June 1, 2005 and ending June 1, 2009, unless sooner terminated is provided herein. In the event the City shall continue in possession of the premises after the expiration of the Lease term, such possession shall not be considered a renewal of this Lease but a month to month agreement which shall be governed by the terms of this Lease and which may be terminated at any time by either party giving the other thirty (30) days written notice of the termination. 3. Oation to Terminate. City shall have the option to terminate this Lease if the premises are destroyed or damaged to the extent that they cannot be repaired within sixty (60) days. If the damage can be repaired with sixty (60) days, it shall be the duty of the Agency to make such repairs promptly. Agency and City shall have the right to terminate this Agreement, without cause, by giving not less than thirty (30) days written notice of termination. 4. Alterations to Agency's Facilities. Improvements/Alterations by Agency: a. Agency recognizes and understands that any tenant improvements requested by the City may be subject to the provisions contained in the California Labor Code (commencing with Section 1720) relating to general prevailing wage rates and other pertinent provisions therein. 25 b. Agency shall comply and stay current with all applicable building standards, which may change from time to time. 0 c. The Agency and/or its authorized agents shall have the right to enter the premises at all reasonable times to inspect the condition of the premises, and to make necessary repairs. d. The Agency is committed to the revitalization and enhancement of Downtown; to this end, the Agency reserves the right to enter and improve the Agency - owned property, excluding the interior space leased by the City. The Agency will notify the City of any improvement to the property and will not impact entrances and exits of the building. The Agency is involved in a comprehensive revitalization program for Downtown, which will include improvements on this property as well as surrounding property. Improvements may include building fagade improvements, landscape, parking, access, lighting, creek stabilization, and/or any other activity/action that is benefiting of the Agency and/or the real property, or address health and safety issues and concerns. Improvements/Alterations by City: a. Any alterations, improvements or installation of fixtures to be undertaken by City shall have the prior written consent of Agency after City has provided plans for any such proposed alterations, improvements or fixtures to Agency in writing. Agency shall not unreasonably withhold such consent. 0 b. City recognizes and understands that any renovation work and/or improvements undertaken by the City may be subject to the provisions contained in the California Labor Code (commencing with Section 1720) relating to general prevailing wage rates and other pertinent provisions therein. c. Any and all alterations or improvements made to the leased premises by City shall become the property of Agency upon expiration or terminating of this lease. d. All fixtures installed by the City shall remain City property, and may be removed by City at or prior to the expiration of this lease, provided, however, that such removal does not cause injury or damage to the leased premises, or in the event it does, the City shall restore the premises. 5. Rental. City shall pay Thirty -One Thousand One Hundred Thirty-three Dollars and No Cents ($31,133.00) rent per month to the Agency commencing June 1, 2005 through June 1, 2009, on the first day of each month. At the option of the City, advance monthly rental payments may be made for any period through the term of this Agreement (e.g., quarterly), provided, however, in the event of holding over, this sentence shall have no force or effect and payments shall be is made on the first day of each month. 2 26 Agency reserves the right to renegotiate this paragraph (section) subject to 60 days written notice. 6. Telephone Utilities & Custodial Services. City will install and pay for telephone service, electric power, gas and heat, water and sewer service, trash collection, and all other services and utilities supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges therefore, and shall provide custodial services for the interior and exterior, to include any landscaping, of the facility at its expense. 7. Maintenance of Facility. Agency shall keep the leased premises in such condition, and in compliance with federal, state, and local laws, ordinance, rules and regulations relating to fire, health, and safety. City shall, during the term of this lease, maintain the interior portions of the leased space in a good, clean and safe condition. City, at its own expense, shall repair all deteriorations or damage to the leased space or building as a result of lack of ordinary care. Except as otherwise provided in this lease, Agency shall perform, at Agency's sole expense, all repairs and maintenance for roof, exterior, and plumbing for the building. Any repairs by Agency shall be made promptly with first-class materials, in a good and workmanlike manner. Except in the case of an emergency, Agency shall give City twenty-four (24) hours notice of its intention to enter the building for the purpose of making necessary repairs. Except for cases of emergency, Agency shall make all repairs required hereunder as soon as is practical. In the event Agency has not made a repair referred to in a written notice from City to Agency within thirty (30) days after the date of that notice, City shall have the right to make the repair and be reimbursed by the Agency. If the full amount of the reimbursement is not delivered by Agency to City within ten (10) days after City's delivery to Agency of a written statement or bill evidencing the cost of the repair, City shall have the right to deduct the cost of the repair from the next monthly rent payable to Agency. City shall notify Agency promptly of any damage to the leased premises resulting from or attributable to the acts or omissions of City, its invitees or its authorized representatives, and thereafter promptly repair all such damage at City's sole cost and expense. 8. Insurance Coverage. City will provide public liability coverage, property damage and insurance in the amount of One Million Dollars and No Cents ($1,000,000.00), in both City's and the Agency's name. City shall file with the Secretary of the Redevelopment Agency copies of the Certificates of Insurance for said insurance coverage indicating that the City of Atascadero, its agents, officers, and employees are additionally insured under said policies. Said Certificate shall state that the policy(s) will not be terminated or cancelled without thirty (30) days advance written notice to Agency of termination or cancellation thereof. 3 27 Agency reserves the right to renegotiate this paragraph (section) subject to 30 days written notice. 9. No Joint Venture. Nothing in the Agreement is intended nor shall create between Agency and City an employer/employee relationship, a principal/agent relationship, or a joint venture relationship. Agency shall neither have nor exercise any control or direction over the methods by which City shall perform functions and/or provide services. City shall have no claim under this Agreement or otherwise against Agency for worker's compensation, unemployment compensation, vacation pay, sick leave, retirement benefits, Social Security benefits, disability insurance benefits, unemployment insurance benefits, or any other employee benefits, all of which shall be the sole responsibility of City. City shall indemnify and hold Agency, its members, agents, or employees, harmless from any and all cost (including attorney's fees), loss, or liability by or on behalf of any member, agent, or employee of City, or by any government entity. The occupancy of the premises by City shall be subject to reasonable rules and regulations of Agency, and City shall be subject to all provisions of applicable local, state and federal law. 10. Parking. City acknowledges and agrees that any parking spaces provided by Agency in and around the leased premises are solely for the convenience of the customers and employees of City, unless otherwise specifically designated by the Agency in writing. Agency shall have the right to establish and enforce reasonable rules and regulations concerning the use of the parking area. 11. Default: In the event that City shall become delinquent in payment of rent or shall City fail to keep or perform any of the terms or conditions of this Agreement, Agency shall give City thirty (30) days written notice of default, at the expiration of which period or at any time thereafter while such default continues, Agency may terminate this Agreement and exercise such remedies as Agency may have at law. 12. Governing Law: The parties agree that the laws of the State of California shall govern this Agreement. Agency and City agree that any suit brought by either party against the other arising out of the performance of this Agreement shall be brought and maintained in the Superior Court of San Luis Obispo County. 13. Disabilities Act: City agrees to comply with all applicable provisions of the Americans with Disabilities Act, with regard to alterations, maintenance, or restoration to the Premises. 14. Voluntary Transfers: City shall not sell, transfer or assign this Lease, or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 15. Nondiscrimination: City shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin or disability in connection with or related to the performance of this Lease. 0 rd 16. Mutual Indemnification. It is mutually understood and agreed that: a. Neither City, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Agency under or in connection with any work, authority or jurisdiction delegated to Agency under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Agency shall fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by Agency under or in connection with any work, authority or jurisdiction delegated to Agency under this agreement. b. Neither Agency nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this agreement. It is also understood and agreed that, pursuant to government Code Section 895.4, City fully indemnify and hold Agency harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated City under this agreement. 17. Binding on Successors: City and Agency agree that each of the terms, conditions, and obligations of this Lease Agreement shall extend to and bind, or inure to the benefit of the respective parties hereto, and each and very one of their respective heirs, executors, administrators, representatives, successors and assigns. 18. Notices. Any notices, payments or consents required or desired to be served or given by either party upon the other shall be addressed to the respective parties as set forth below: Agency: City: Deputy Executive Director City Manager Community Redevelopment Agency City of Atascadero 6905 EI Camino Real, Suite 6 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 Atascadero, CA 93422 or, the respective parties shall designate such addresses as necessary from time to time. 19. Heading Not Controlling: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 20. Entire Lease Agreement: This Lease Agreement contains the entire agreement between Agency and City. All previous proposals and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of, or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all parties. 29 21. Partial invalidity: If any provision in this Lease Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 22. Waiver: The waiver by any party to this Lease Agreement of a breach of any provision hereof, shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing. 23. Execution: The undersigned acknowledge having read and understood the foregoing. IN WITNESS WHEREFORE, the parties hereto have executed this agreement on the day and year above and below written. Community Redevelopment Agency City of Atascadero Date: 2005 Date: By: Wade G. McKinney, Executive Director ATTEST: 0 Wendy Scalise, Mayor APPROVED AS TO FORM: WON By: By: Marcia McClure Torgerson, Agency Secretary Patrick L. Enright, City Attorney N ca