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HomeMy WebLinkAbout2008-005 Atascadero BMX Track Operating AgreementCI TY OF ATAS AD O CO�T��ACT# LICENSE AGREEMENT 1. Identification of Parties. This License Agreement is entered into on January 22, 2008 by and between the City of Atascadero, a general law city of the State of California, hereafter referred to as "City" and Atascadero BMX, a not-for-profit corporation formed pursuant to the laws of the State of California, hereafter referred to as "Licensee." 2. Description of Property. City has a leasehold interest in certain real property situated in the City of Atascadero, County of San Luis Obispo, California (hereafter referred to as "the Land"), and more particularly described as follows: 6575 Sycamore Road, Atascadero, California, which is more particularly described in Exhibit A, which is attached to this Agreement and hereby incorporated by reference. 3. Grant of License. In consideration of the sum of ONE DOLLAR ($1), City grants to Licensee a license (hereafter referred to as "the License") to perform the following acts on the Land: to utilize the Land for the construction of a bicycle motor -cross sports track and related facilities and the management, supervision, and scheduling of events on same (hereinafter referred to as "Permitted Use"). Licensee may not use the Land for any other purpose or business without the obtaining City's prior written consent. 4. City's Regulation of Permitted Use. Subject to all present and future rules adopted by the City, the Land shall be used for the purpose of constructing, operating and maintaining an outdoor bicycle racing facility in accordance with plans submitted to and proved by the City. A copy of the plans are attached hereto and marked as Exhibit and incorporated by reference (hereinafter referred to as "Plans"). Any proposed changes to said Plans must be approved by City in writing. Licensee shall have non-exclusive rights of ingress and egress to and from the Land across, over, and through all public areas near or adjacent to the Land for Licensee's employees, agents, guests and patrons. Licensee shall submit to the Community Services Department of the City a schedule of events for the year prior to April 1 of each year commencing on January 1, 2008. Pursuant to an agreement to be drawn up with the City which designates use, maintenance and liability coverage for the general public, the Land shall be available to the general public during all non-scheduled periods. Licensee may, on race and practice days, collect fees for scheduled events to cover expenses of staging the racing event. All fees collected will be used for allowances which are in accordance with State and Federal Non-profit Organization tax laws, which may include improvements to the track and facility. An annual statement of receipts and expenditures shall be submitted to the Community Services Department of the City on or before March 1 st of each year commencing on March, 2009. At the expiration of the Agreement all permanent improvements shall become property of the City. City shall have the power and authority to impose reasonable conditions and requirements relative to the management and operation of said Land as in City's judgment may appear to be for the best interests of the public and the City of Atascadero, but which will not unreasonably interfere with Licensee's use and enjoyment of said Land. Notice of all decisions and regulations by City shall be given as hereinafter provided. 5. Interest Acquired. The Licensee shall acquire no proprietary ownership, possessory or other rights, except as specifically given herein. This License is personal to the Licensee and shall not be assigned without prior written approval of the Council. The Licensee shall give the Council at least ninety (90) days notice in writing of the intention to assign. If assignment is made without said notice and approval, the Council, in addition to any remedies for breach hereof, may hold the Licensee responsible for all things done, fees to be paid, and documents to be filed under the terms hereof. 6. Term. The License Agreement shall be for a term of three (3) years, commencing on January 22, 2008. This term may be extended for two additional one year periods upon the mutual written agreement of the parties, subject to any changes to the terms and conditions of this License Agreement. 7. Termination of Occupancy. Either party after the first year (or within ninety (90) days prior to the end of the first year) may terminate this Licensing Agreement by giving the other party ninety (90) days written notice. Notice of termination shall be sent by certified mail, return receipt requested, addressed as follows: City Director of Community Services 6907 El Camino Real Atascadero, California 93422 Licensee Atascadero BMX 2875 Ferrocarril Road Atascadero, CA 93422 After receipt of a notice of termination from City, Licensee, on or before the effective date of termination specified in that notice shall remove all of Licensee's personal property from the Land and shall surrender possession of the Land to City in good order and repair to the satisfaction of City, normal wear and tear excepted. 8. Conditions. The License given herein above is subject to the following conditions, and violations of any of said conditions shall be cause for immediate termination of the License Agreement, notwithstanding any notice provisions contained elsewhere hereinabove. 2 The Licensee shall perform as follows: Provide twenty-four (24) hour per day coverage in a liability insurance policy, which policy shall name the Atascadero Mutual Water Company, its Board, and all officers, agents, and employees, as property owner, and the City of Atascadero, its Council, and all officers, agents, and employees of either as additional named insureds. The City shall be provided with a duplicate policy and no cancellation of same shall be effective without at least thirty (30) days prior written notice to the City. Said policy limits shall be in accordance with Paragraph 9, below. 2. Provide additional liability insurance coverage in the minimum amount of ONE MILLION DOLLARS ($ 1,000,000) in accordance with the provision of "1" above on all race dates.[ What is the reasoning behind "additional" liability insurance? The coverage will be through the sanctioning agreement with the National Bicycle League (sample policy of which has been provided to the City for review). Atascadero BMX will not be securing "additional" insurance other than that provided through the NBLJ 3. Should any policy not be filed within fifteen (15) days prior to a scheduled event or should any policy be cancelled, no event shall be held and all operations shall immediately cease. The Licensee shall have fifteen (15) days in which to cure the lack of filing or the cancellation, and if it fails to do so within said time, these conditions will have been breached. 4. Design (as approved by the City) and construct the course property, excavate and grade the site, and obtain all permits to do the same. 5. Maintain the track and accessory facilities in a lawful and safe manner. 6. Provide and install fencing around the entire perimeter of the track proper, subject to the specifications of the City. 3 7. Provide portable restrooms during the time of scheduled events. 8. Provide refuse pickup during and after scheduled events and practice sessions. (License is also responsible to keep the facility improvements free of graffiti and in good repair. 9. Provide an announcer's stand, if deemed desirable, subject to the specifications of the City. 10. Supervise and schedule the usage of the track and accessory facilities; however, the track may be open to any and all persons during the times the Licensee has not scheduled events or practice sessions in conjunction therewith if the City is able to arrange public use, maintenance and liability insurance for public usage, set forth in Exhibit B attached herewith. 11. Operate food and beverage concession at which the only non -consumable items that may be sold are track T-shirts, hats, related accessories in addition to fundraising sales which are arranged to benefit the Atascadero BMX facility; provided, all necessary permits and licenses shall be obtained from the City. 12. Refuse to discriminate upon the basis of race, sex, creed, national origin, religion, marital status, age, and physical condition against any person desiring admission to said facility or to membership in Licensee's organization; however, during scheduled events and practice sessions, Licensee may restrict admission to members and guests, and others having paid any admission entry fee for said scheduled event. 13. Upon termination of the Agreement, or any renewal thereof, the site is to be restored to equal original condition and all improvements shall revert to the Licensee. M 14. If necessary, extend existing well water service to a location adjacent to BMX track and pay all costs associated with same. 15. Install electrical service to BMX area and pay all costs associated with same. 16. Licensee shall pay all charges for utility services for the Land. 9. Indemnity. Licensee, as a material part of the consideration to be rendered to City under this Agreement, waives all claims against Licensor for damages to all personal property in, on, or about the Property, and for injuries to persons on or about the Property, from any cause arising at any time. In addition and except for the sole negligence of the City, Licensee shall defend, indemnify and keep and hold City, including City's officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Licensee, sustained in or about the designated Premises or arising out of Licensee's use or occupancy thereof as a proximate result of the acts or omissions of Lessee, its employees and agents, or its contractors, licensees, invitees or subtenants, their successors and assigns, or arising out of the condition of the property. City shall, by appropriate written notice to Licensee, advise Licensee as soon as practicable regarding any potential liability of Licensee under this Section. Further, Licensee agrees to hold Atascadero Mutual Water Company exempt and harmless for and on account of any damage or injury to any person or personal property of any person, arising from (a) Licensee's use of the demised Premises, or (b) Licensee's failure to keep the Land and surrounding areas clean and in good condition. City and the Atascadero Mutual Water Company shall not be liable to Licensee for any damage by or from any act or negligence of any other occupant of the demised Premises or any occupant of adjoining or continuous property. Licensee agrees to pay for all damages to the demised Premises, as well as all damage to occupants of the Land and to the property of those occupants caused by Licensee's misuse or neglect of the demised Premises. 10. Insurance. Licensee further agrees to maintain in full force during the term of this License, at Licensee's own expense, a commercial General Liability Insurance using Insurance Service Office "Commercial General Liability" policy form CG 00 01 with an edition date prior to 2004, or the exact equivalent with limits of no less than TWO MILLION DOLLARS ($2,000,000) per occurrence for all covered losses and FOUR MILLION DOLLARS ($4,000,000) general aggregate. The policy shall insure City, the Atascadero Mutual Water Company and Licensee against liability for injury to persons, damage to property, and death of any person occurring in or about the demised Premises. The policy shall be approved as to form and content by City. Licensee shall provide City with a copy of the policy, including an endorsement that 5 states that the policy will not be cancelled except after 30 -day prior written notice to City. Licensee agrees to obtain endorsements for third party general liability coverage required here to include as additional insured City and Atascadero Mutual Water Company, their officials, employees, and agents. Licensee also agrees to require this same provision of all subcontractors, joint ventures, or other parties engaged by or in behalf of Licensee in relation to this Agreement. (A policy will be issued through the National Bicycle League when Atascadero BMX is sanctioned in affiliation with the NBL. The City and the Atascadero Mutual Water Company will be named in addition to Atascadero BMX within the policy issued.) 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Entire Agreement. This License Agreement constitutes the entire agreement between City and Licensee relating to the License. Any prior agreement, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Licensor and City and Licensee. Ce" Executed on �0JIeA 03- c j , 2008, at Atascadero, Licensee: Atascadero BMX Association By resident ` dll,4.4.111A Attest. ecretary M&AWAR"wWww" APPROVED ATO FORM: ce Brian Pierik City Attorney APPROVED AS TO FORM: (2a'o"UL Q .�-4CL4J Rachelle Rickard Administrative Services Director City: City of Atascadero, California t> 7 By*t R�W" Wade G. McKinney, City M nager Attest:#U'"eL A Marcia McClure Torgerson, C.M.C., City Clerk Date: 3— , -�'S" C-) b N_ 1 N H K It J O 0 Wz � O U�N Q QaLd Q Eno u1O ck: OD LSO VWjZO a a C13 CO co o O O m , C G O Yf V a a G m `c ID v E e � m e m E E a a Y O CL .o C 7 O m 0. � J z 40 �w �0 ao CL a as W 6 � W�W N N �Q s u� 8 8 Za k o g mQ OD � 8a Ir v Y ,Y cc C 2 J m m E E Q Q -o e e �o e c 0 0 i i c c CL a Lisa Cava From: Shannon Sims Sent: Wednesday, March 26, 2008 9:22 AM To: Lisa Cava; Brady Cherry Subject: RE: BMX contract Good Morning Lisa. I apologize.............we have not had any luck locating the exhibit (parcel description/reap). Apparently, the exhibit was not submitted to Comm. Derv. or Public Works along; with the permits, contr act and any other documentation. .,I be City has never had a COPY of it., Unfawtunately. Brady was going; to talk to John i eil, since' it's the watt r (.C)[li�i ? .:r S propertv, to see if he had a copy of the parcel descriptionfrna . I`n's not sura if he's heard bael<..,...£3rady? From: Lisa Cava Sent: Wednesday, March 26, 2008 9:04 AM To: Brady Cherry Cc: Shannon Sims Subject: RE: BMX contract Good morning! I have the fully exeCUted BMIX license agreement in hand now, which I need to scan & then get a copy back to you gYuys. Do YOU have Exhibit A available, & if so can I get a copy of it so that I can scan it in with the contract',,) Pis legit me know, thx! Lisa. From: Lisa Cava Sent: Tuesday, March 11, 2008 2:18 PM To: Brady Cherry Cc: Shannon Sims Subject: BMX contract Hi Brady. Brian P has signed the BMX Agreement, but wants to be sure that the "Exhibit" referenced on the front page re a copy of the plans actually gets attached to the document. Do you have the plans to attach as Exhibit "A"? Thx, Lisa. IcavaC'Datascadero.org Lisa Cava i I www.atascadero.org ITEM NUMBER: A-5 DATE: 1/22/08 Atascadero City Council Staff Report - Community Services Department Property Lease Agreement and Operating Agreement for A BMX Track RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a Lease Agreement between the City of Atascadero and the Atascadero Mutual Water Company to use property at 6575 Sycamore Road as a BMX Track; and, 2. Authorize the City Manager to execute a License Agreement between the City of Atascadero and Atascadero BMX for the Track operations. [Community Services] DISCUSSION: Atascadero BMX is a California, not-for-profit corporation formed to construct, operate and maintain a BMX facility in Atascadero. Atascadero BMX has been working with the City to locate land for a BMX track. The City is seeking to obtain a leasehold on land owned by Atascadero Mutual Water Company at 6575 Sycamore Road for the track site. Atascadero BMX is requesting long-term access to this property through an operating agreement for the purpose of building a BMX track and facility. Construction and operation of the facility was approved by the Planning Commission in November of 2007. The attached operating agreement states that: • Atascadero BMX shall pay the City $1.00 per year for use of the land. • Term is for three years. • The land may only be utilized for the construction of a bicycle motor -cross sports track and related facilities and the management, supervision, and scheduling of events on same. • The City shall approve Atascadero BMX's scheduling of the facility and the facility must be open to the general public. • Atascadero BMX must maintain appropriate insurance. • Atascadero BMX shall construct at their own expense a fenced -in track with portable restrooms during events. • Atascadero BMX may operate concessions. The attached property lease agreement states that: • The term is for three years, with an automatic one-year extension period. • The site is approximately 3.06 acres. • The annual "rent" shall be $1 per year for use of the land. • The agreement provides for the City to permit Atascadero BMX to operate the track under a separate license agreement with the City. • The City and Atascadero BMX shall indemnify the Water Company FISCAL IMPACT: BMX is responsible for all maintenance and operating costs of the facility. There will be a minimal expense to the City in staff needed to administer the agreements. ALTERNATIVES: Do not approve, or modify one or both of the agreements. Ask Staff for additional information. ATTACHMENTS: A. Property Lease Agreement B. License Agreement for Services A. CONSENT CALENDAR: 1. City Council Meeting Minutes — December 11, 2007 ■ City Clerk Recommendation: Council approve the City Council Meeting Minutes of December 11, 2007. [City Clerk] 2. August 2007 Investment Report ■ Fiscal Impact: None ■ Recommendation: Council approve the City Treasurer's report for August 2007. [Treasurer] 3. November 2007 Accounts Payable and Payroll ■ Fiscal Impact: $2,694,705.52 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2007. [Administrative Services] 4. George Beatie Skate Park Lease Agreement with Austin Miller, DBA Esteem ■ Fiscal Impact: The Contractor will provide a minimum of $50,000 annual operating subsidy to operate the Skate Park, saving the City these costs. ■ Recommendation: Council authorize the City Manager to execute a Lease Agreement between the City of Atascadero and Austin Miller, DBA Esteem to operate the George Beatie Skate Park under City specified conditions. [Community Services] 5. Property Lease Agreement and Operating Agreement for A BMX Track ■ Fiscal Impact: BMX is responsible for all maintenance and operating costs of the facility. There will be a minimal expense to the City in staff needed to administer the agreements. ■ Recommendations: Council: 1. Authorize the City Manager to execute a Lease Agreement between the City of Atascadero and the Atascadero Mutual Water Company to use property at 6575 Sycamore Road as a BMX Track; and, 2. Authorize the City Manager to execute a License Agreement between the City of Atascadero and Atascadero BMX for the Track operations. [Community Services] 6. Agreement for Services with the Central Coast Zoological Society in Support of the Charles Paddock Zoo ■ Fiscal Impact: It is expected that this will have a net positive fiscal impact to the city of $10,000 to $70,000 annually from the operating contribution, volunteer assistance, capital improvements and special events. CC Draft Minutes 01/22/08 Page 2 of 12 ■ Recommendation: Council authorize the City Manager to execute an Agreement for Services between the City of Atascadero and the Central Coast Zoological Society in support of the Charles Paddock Zoo. [Community Services] 7. On-site Alcohol Sales License Determination - PLN 2007-1268 15855 EI Camino Real (Morro Rd. Homes, LLC I Holladay) ■ Description: Request to approve an on-site sale of beer and wine Alcohol Beverage Control license application to open a new Beer and Wine Bar ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A finding that public convenience would be served by allowing the issuance of an on-site sale of beer and wine license for a new beer and wine bar at 5855 EI Camino Real. [Community Development] Items pulled: Administrative Services Director Rachelle Rickard and David Broadwater, Item #A-3. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Beraud to approve Items #A-1, 2, 4, 5, 6, and 7. Motion passed 4:0 by a roll -call vote. (Item #A-4 Contract No. 2008-002, Item #A-5.1 Contract No. 2008-003, Item #A-5.2 Contract No. 2008-005, Item #A-6 Contact No. 2008-004, Item #A-7 Resolution No 008-002) Item #A-3 Administrative Services Director Rachelle Rickard corrected a formula typographical error on Item #A-3 (see Exhibit A). David Broadwater referred to an invoice reflected in the disbursement listing, and clarified the amount the city is actually paying on that invoice. Mr. Broadwater requested the Council include language in their approval of this item to clarify what is actually being paid. Director Rickard explained that some of the entries in the disbursement journal reflect partial payments. MOTION: By Council Member Clay and seconded by Council Member O'Malley to approve Item #A-3. Motion passed 4:0 by a roll -call vote. CC Draft Minutes 01/22/08 Page 3 of 12 B. PUBLIC HEARINGS: 1. Appeal of the Planning Commission Approval of an Amendment to CUP 2007-0217 Allowing A Drive -Through Restaurant at 7085 EI Camino Real PLN 2007-1230 (Carl's Jr.) ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A denying the appeal and upholding Planning Commission's approval of Conditional Use Permit 2007-0217 based on findings and subject to conditions of approval and mitigation monitoring, with additional conditions requiring the building's efficiency standards to exceed Title 24 by 10% and adding bike racks to the proposed building. [Community Development] Community Development Director Warren Frace and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. Ex Parte Communications ■ Council Member Clay stated the applicant's father called him and they talked. ■ Council Member O'Malley stated he received an email from Planning Commissioner Doug Marks, but hasn't had any discussions on this project. When the original Lube N Go project first came forward he had spoken with the original applicant. ■ Mayor Pro Tem Beraud stated she spoke with the appellant Planning Commissioner Pam Heatherington, and with Planning Commissioner Dan O'Grady. ■ Mayor Brennler stated he had a conversation with one of the applicant's, Joe Simonin, and received a letter from and had a discussion with Planning Commissioner Doug Marks. PUBLIC COMMENT Planning Commissioner Pamela Heatherington, appellant, suggested the hearing be postponed because the email from the Air Pollution Control District (APCD) (Exhibit B) was not included in the Council's report and the EIR must be updated to reflect the air quality issues. Ms. Heatherington explained the reasons for her appeal of the Planning Commission's decision. Stuart Voltz, CKE Restaurants, applicant, stated they are in agreement with the additional conditions added by staff and addressed issues raised by the appellant. Mr. Voltz answered questions of Council. Doug Marks, Planning Commissioner, stated the success of the downtown and the Colony Square project will depend on pedestrian traffic, which he believes this project will discourage. CC Draft Minutes 01/22/08 Page 4 of 12 Dan O'Grady, Planning Commissioner, explained why he supports the appeal of the Planning Commission's decision, and expressed concern with the number of drive- through businesses already existing in Atascadero. Eric Greening stated a continuance would be the proper course tonight because the record before the Council and the public is incomplete. Lee Perkins asked that the Council take up the issue of drive-through's and write an ordinance to keep any more drive-through's out of the downtown area. Robert Fonzi, Planning Commissioner, explained why she had voted in favor of this project. She believes the issue of drive-through's should be considered by the Council with a public hearing, but stated the city should not change the rules on an applicant midstream through the process based on personal preferences. Al Fonzi stated this project will be an improvement for the site, and that air pollution is not really an issue given the freeway across the street. He suggested Atascadero has many retirees and young families for whom drive-through's are much easier. Marty Brown spoke in support of the appeal and about the US Mayor's Climate Protection Agreement. Joanne Main, President/CEO Chamber of Commerce, urged the Council to uphold the Planning Commission's decision and spoke about the improvements to the site through the current development. She expressed concern about changing the rules mid -stream. Gary Kirkland spoke about free enterprise and capitalism and against government restricting what people can do with their own property. Lisa Lampman stated she has watched Atascadero grow and was concerned with the loss of many businesses. She said property owners should be allowed to develop their projects within the process required by the city. Adam Scattini, land owner of the subject property, explained the many positive aspects this project will bring to Atascadero. He explained why this site is actually pedestrian friendly. Steve Martin, Executive Director Atascadero Main Street, stated he was grateful for the concern expressed for the downtown, but that the downtown has greater challenges than one more drive through restaurant. He stated the city must provide consistency, and the rules must be clear, fair and evenly applied. Mayor Brennler closed the Public Comment period. MOTION: By Council Member Clay and seconded by Council Member O'Malley to adopt Draft Resolution A denying the appeal and CC Draft Minutes 01/22/08 Page 5 of 12 upholding Planning Commission's approval of Conditional Use Permit 2007-0217 based on findings and subject to conditions of approval and mitigation monitoring, with additional conditions requiring the building's efficiency standards to exceed Title 24 by 10% and adding bike racks to the proposed building. Council Discussion: Mayor Pro Tem Beraud stated she would like to continue this item as she does not like to have missing gaps in information. Council Member O'Malley stated the rules on businesses should not be changed mid project, and that consistency and predictability are important. Council Member Clay commented that the customer must be considered and some do not want to get out of their cars. He believes the leakage for jobs and shopping creates much more pollution than a drive-through restaurant. Mayor Pro Tem Brennler stated that fundamental fairness and consistency is important, that the applicant has played by the rules and the city has an obligation to respect that. MOTION: By Council Member Clay and seconded by Council Member O'Malley to adopt Draft Resolution A denying the appeal and upholding Planning Commission's approval of Conditional Use Permit 2007-0217 based on findings and subject to conditions of approval and mitigation monitoring, with additional conditions requiring the building's efficiency standards to exceed Title 24 by 10% and adding bike racks to the proposed building, and on page 131 and 132 of the Draft Resolution the date of hearing to be amended to January 22"d Motion passed 3:1 by a roll -call vote. (Beraud opposed) (Resolution No. 2008-003) Mayor Brennler recessed the hearing at 8:41 p.m. Mayor Brennler called the meeting back to order at 8:51 p.m. 2. 2008 Community Development Block Grant Allocations ■ Disclosure of Ex Parte Communications: ■ Fiscal Impact: Available funds are estimated at $190,884 for the 2008 cycle. ■ Recommendations: Council: 1. Forward to the County Board of Supervisors allocation recommendations for the 2008 Community Development Block Grant (CDBG) funds; and, CC Draft Minutes 01/22/08 Page 6 of 12 2. Forward the following reallocations of prior year funds as a matter of fiscal housekeeping to allow for the close out of these activities. [Public Works] Public Works Technician Valerie Humphrey gave the staff report and answered questions of Council. Ex Parte Communications ■ Council Member O'Malley stated as a member of the Finance Committee he has reviewed the applications and through that process many applicants had come to the meetings and spoke about their projects. He stated he serves on the board of ECHO, which is a recipient this year. ■ Mayor Brennler stated he attended the Finance Committee meeting as a member of the public and heard the recommendations. PUBLIC COMMENT Joan O'Keefe expressed concern with the process for award of these funds and that the decision is made by the time it comes before the public for a hearing. She urged the city to make this truly a public hearing process. Susan Warren, North County Connection, stated her concern that the process is confusing, and would like the process to be clearer with more public access. Eric Greening stated he shared the concerns of the previous speakers, and explained that in the past the organizations would make their presentations at a public hearing and request the funds, which provided the public an opportunity to learn about those organizations. Mayor Brennler closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Beraud to forward to the County Board of Supervisors allocation recommendations for the 2008 Community Development Block Grant (CDBG) funds; and, forward the reallocations of prior year funds as a matter of fiscal housekeeping to allow for the close out of these activities. Motion passed 4:0 by a roll -call vote. C. MANAGEMENT REPORTS: 1. Economic Development Strateny Consultant Selection ■ Fiscal Impact: Depending on the level of public outreach and input, the cost of developing the strategy will range from $90,000-$120,000. Related support costs and costs for the public process are estimated to be CC Draft Minutes 01/22/08 Page 7 of 12 $20,000. Additionally, the cost for the "Just Listening... Summit on Downtown," (which Council authorized staff to conduct in February, 2008) will be approximately $10,000, for an estimated total of $150,000. In June, the Council budgeted $110,000 for economic studies. Of that amount, $7,000 was spent on "Just Listening... Thoughts on Economic Development," and $14,500 has been allocated to tourism studies, leaving a balance of $88,500. To fund the full study and related activities, an additional $61,500 is needed. Funding is available in Redevelopment Fund Reserves. If the Council approves moving forward with the study and related public outreach activities, staff will return to the Redevelopment Agency to request appropriation of these additional funds. Recommendation: Council authorize the City Manager to execute a contract with Applied Development Economics of Walnut Creek, California, to serve as the City's economic development consultant to update the City's Economic Development Strategy. [City Manager] City Manager Wade McKinney reviewed the process followed for this item and Assistant City Manager Jim Lewis gave the staff report. Doug Svensson, Applied Development Economics (AED), gave a PowerPoint presentation on their company and their approach to economic development, and answered questions of Council. Kathie Studwell, AED, spoke about the public input process. Iry Hamilton, AED, explained how they approach place branding and marketing. PUBLIC COMMENT David Broadwater suggested a decision on this firm not be made tonight as the public should be allowed to listen to a presentation by all four firms being considered. He reviewed the history of ADE and their Wal Mart connections and urged Council to reject their application. Steve Tillman spoke about the need to keep the process fair and free of corporate bias and for a community vision. He asked Council work to insure impartial expertise from the consultant selected. Tom Comar, Oppose Wal Mart spokesperson, stated it would be premature to decide on a consultant tonight without looking at the presentations by the other top three candidates. Gary Kirkland suggested those opposed to this firm, should find a firm that fits their needs and pay for it themselves. CC Draft Minutes 01/22/08 Page 8 of 12 Joan O'Keefe stated she is not opposed to the city hiring a consultant but is interested in knowing what specific things were done in each specific city they worked for. Richard Mullin suggested the committee's recommendation should be trusted and it was time to move forward and not waste any more time. Ron Rothman stated the community and the consultants must be clear in setting their goals, and there must be a consensus to those goals. MOTION: By Council Member Clay and seconded by Council Member O'Malley to go past 11:00 p.m. Motion passed 4:0 by a roll -call vote. Steve Martin, Executive Director Atascadero Main Street, commented that the City has received sufficient information on this topic and there has been more opportunity for public input through this Council than ever before, so as a Council it is time to move forward and make a decision. Doug Svensson responded to issues raised during the Public Comment period. Mayor Brennler closed the Public Comment period. MOTION: By Mayor Pro Tem Beraud and seconded by Council Member O'Malley to authorize the City Manager to execute a contract with Applied Development Economics of Walnut Creek, California, to serve as the City's economic development consultant to update the City's Economic Development Strategy. There was Council discussion on the motion. Council Member Beraud withdrew her motion. MOTION: By Mayor Pro Tem Beraud to continue this item until there is a complete Council. The motion failed for lack of a second. MOTION: By Council Member O'Malley and seconded by Council Member Clay to authorize the City Manager to execute a contract with Applied Development Economics of Walnut Creek, California, to serve as the City's economic development consultant to update the City's Economic Development Strategy, including the revised timetable that the study will be brought to Council for action in October 2008. Motion passed 4:0 by a roll -call vote. (Contract No. 2008-006) CC Draft Minutes 01/22/08 Page 9 of 12 MOTION: By Mayor Pro Tem Beraud to adjourn. Mayor Pro Tem Beraud withdrew her motion. Mayor Brennler recessed the hearing at 11:24 p.m. Mayor Brennler called the meeting back to order at 11:33 p.m. MOTION: By Mayor Pro Tem Beraud and seconded by Mayor Brennler to continue Items #C-2 and 3 to the next meeting. Motion failed 2:2 by a roll -call vote. (Clay, O'Malley opposed) 2. City Council Agenda Format Review ■ Fiscal Impact: None. ■ Recommendations: Council direct staff to return to the Council with the following recommended amendments to the Atascadero Municipal Code (AMC), Redevelopment By -Laws, and Council agenda format: 1. Location of Council meetings are in the Council Chambers of City Hall, 6907 EI Camino Real, Atascadero, immediately following the Redevelopment Agency meeting scheduled at 6:00 p.m.; and, 2. Maintain the Redevelopment Agency agenda ahead of the City Council agenda, starting at 6:00 p.m.; and, 3. Place Community Forum before Consent Calendar and change the public comment time limit to "up to three (3) minutes." and, 4. Create a new category entitled Council Reports that will follow Community Forum; and, 5. Create a new category entitled Individual Announcements and/or Action at the end of the agenda before Committee Reports. [City Manager] Assistant to City Manager Marcia McClure Torgerson gave the staff report and answered questions of Council. PUBLIC COMMENT Lon Allen spoke in support of three minutes for public comment, which could not be exceeded by anyone for any reason. Tom Comar stated he was not opposed to the three minute limit, and likes the idea of a one minute rebuttal. His suggestion was to start the meeting at a set time with Community Forum in front for up to 1 hour, and any issue presented by a set number of individuals that requires further discussion should go automatically to the next agenda. CC Draft Minutes 01/22/08 Page 10 of 12 Maggie White spoke in support of a three minute limit per speaker and 30 minute time limit for Community Forum with an option to extend 30 minutes. She spoke against a one minute rebuttal stating the Community Forum is not for back and forth or rebuttal, it is for presenting a point of view. David Broadwater stated he was not in favor of a 30 minute limit on the Community Forum; however the three minutes per speaker was okay, as was placing the Community Forum period at the beginning of the meeting. Mayor Brennler closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Council Member Clay to direct staff to return to the Council with the following recommended amendment to the Atascadero Municipal Code (AMC), Redevelopment By -Laws, and Council agenda format: Location of Council meetings are in the Council Chambers of City Hall, 6907 El Camino Real, Atascadero. Motion passed 4:0 by a roll -call vote. MOTION: By Council Member O'Malley and seconded by Council Member Clay to direct staff to return to the Council with the following recommended amendment to the Atascadero Municipal Code (AMC), Redevelopment By -Laws, and Council agenda format: Maintain the Redevelopment Agency agenda ahead of the City Council agenda, starting at 6:00 p.m. Motion passed 4:0 by a roll -call vote. MOTION: By Council Member O'Malley and seconded by Council Member Clay to direct staff to return to the Council with the following recommended amendment to the Atascadero Municipal Code (AMC), Redevelopment By -Laws, and Council agenda format: Place Community Forum after the Consent Calendar. Motion passed 3:1 by a roll -call vote. (Beraud opposed) Mayor Pro Tem Beraud spoke in support of flexibility for the proposed changes. MOTION: By Council Member O'Malley and seconded by Council Member Clay to direct staff to return to the Council with the following recommended amendment to the Atascadero Municipal Code (AMC), Redevelopment By -Laws, and Council agenda format: Change the public comment time limit to three (3) minutes. Motion passed 3:1 by a roll -call vote. (Beraud opposed) CC Draft Minutes 01/22/08 Page 11 of 12 0 There was Council discussion regarding recommendations 4 and 5, but no further motions were made. 3. Update on Printery and Community Center There was Council consensus to continue Item #C-3 to the next City Council meeting. COMMUNITY FORUM: David Broadwater reported that there will be a forum for government officials on January 31St at the Chumash Auditorium regarding implementation of actions to deal with global warming, and urged the city to send a representative to this meeting. Mayor Brennler closed the Community Forum period. MOTION: By Council Member O'Malley and seconded by Council Member Clay to adjourn the City Council meeting at 12:44 a.m. and reconvene to the Redevelopment Agency meeting. Motion passed 4:0 by a roll -call vote. MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A — Corrected November 2007 Accounts Payable and Payroll Staff Report Exhibit B — Pamela Heatherington, APCD memo. CC Draft Minutes 01/22/08 Page 12 of 12 ITEM NUMBER: A-1 DATE: 2/26/08 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, January 22, 2008 — 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Brennler called the meeting to order at 7:00 p.m. and Mayor Pro Tem Beraud led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Beraud, and Mayor Brennler Absent: Council Member Luna Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Services Director Brady Cherry, Community Development Director Warren Frace, Police Chief Jim Mulhall, Fire Chief Kurt Stone, Redevelopment Agency Deputy Executive Director Marty Tracey, Deputy Community Development Director Steve McHarris, Deputy Public Works Director David Athey, Senior Planner Kelly Gleason, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Mayor Pro Tem Beraud to approve the agenda. Motion passed 4:0 by a roll -call vote. CC Draft Minutes 01/22/08 Page 1 of 12