HomeMy WebLinkAbout2008-005 Atascadero BMX Track Operating AgreementCI TY OF ATAS AD O
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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.
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Executed on �0JIeA 03-
c j , 2008, at Atascadero,
Licensee:
Atascadero BMX Association
By
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Attest.
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APPROVED ATO FORM:
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Brian Pierik
City Attorney
APPROVED AS TO FORM:
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Rachelle Rickard
Administrative Services Director
City:
City of Atascadero, California
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By*t R�W"
Wade G. McKinney, City M nager
Attest:#U'"eL A
Marcia McClure Torgerson, C.M.C.,
City Clerk
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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
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$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.
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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)
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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.
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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)
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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.
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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.
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