Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 02/28/2006
1 1 CITY OF A TA SCADERO CITY COUNCIL AGENDA Tuesday, February 28, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Luna ROLL CALL: Mayor O'Malley Mayor Pro Tem Pacas Council Member Clay Council Member Luna Council Member Scalise COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30` minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: RollC all 1 COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Meeting Minutes — January 24, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of January 24, 2006. [City Clerk] 2. October 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's Report for October 2005. [City Treasurer] 18 3. November 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's Report for November 2005. [City Treasurer] 4. November 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,809,637.53. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2005. [Administrative Services] 5. Assignment of Factory Outlet Agreement ■ Fiscal Impact: No new fiscal impact, however, there is a continued budgeted impact of approximately $58,000 annually. ■ Recommendation: Council approve assignment of "Agreement by, and between, the City of Atascadero and EI Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994: from Levon Investments to Morro Road Homes, LLC and 197 Property Investments, LLC effective July 2, 2005. [Administrative Services] 2 6. Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation ■ Fiscal Impact: Approximately $3,000.00 in annual revenue. ■ Recommendation: Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park. [Community Services] 7. Transit Bus Purchase throuah the State Department of General Services ■ Fiscal Impact: Purchase is funded by. Transportation Development Act (TDA) and Federal 5307 funds. ■ Recommendation: Council adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero. [Public Works] 8. Sewer Extension Reimbursement Aareements (Colima. Valentina and San Marcos) I ■ Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded. ■ Recommendation: Council approve Sewer Extension Reimbursement Agreements for Colima, Valentina and San Marcos. [Public Works] 9. EI Camino Court Mixed -Use: Two Multi-Familv Residential Buildinas and Two Mixed -Use Buildings Designed with Commercial Use on the Lower Floor and Residential Use on the Upper Floors (GPA 2005-0015 / ZCH 2005-0104/ ZCH 2005-0105 / CUP 2005-0170 / TTM 2005-0076) (JRW Group, Inc.) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt on second reading, by title only, Draft Ordinance A, approving Zone Text Change 2004-0081 establishing a PD -22 overlay district based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B, approving Zone Change 2004-0081 based on findings. [Community Development] 3 10.Final Map 2005-0126 (TTM 2004-0048) 5310 Carrizo Road (Tract 2625)(Mac Biz Group, Inc.) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Tract Map 2005-0126 (Tract 2625); and, 2. Reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance; and, 3. Authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, 4. Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, 5. Authorize City Manager to sign Affordable Housing Agreement. [Public Works] B. PUBLIC HEARING: 1. Communitv Facilities District 2005-1 Citywide Boundary Ma ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A authorizing the Future Annexation of Territory to Community Facilities District No. 2005-1 (Public Services). [Community Development] 2. 2006 Communitv Development Block Grant (CDBG) Allocation ■ Fiscal Impact: Available funds are estimated at $191,569 for the 2006 cycle. In addition, prior year unspent funds in the amount of $73,900 are recommended for reallocation. ■ Recommendation: Council direct staff to forward allocation recommendations for the 2006 Community Development Block Grant (CDBG) funds to the County. Board of Supervisors. [Public Works] C. MANAGEMENT: 1. General Plan Policv Review / Prime Multi -Family Residential Ma Adoption ■ Fiscal Impact: None. ■ Recommendation: Council refer the Prime Multi -Family policy back to staff and the Planning Commission for further review. [Community Development] 2. Signage Clean Up Strategy ■ Fiscal Impact: None. ■ Recommendation: Council direct staff on how to proceed with enforcement of the City Sign Ordinance. [Community Development] T D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Grassroots Network 6. City/ Schools Committee 7. Economic Opportunity Commission (EOC) Mayor Pro Tem Pacas 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee 3. Atascadero Youth Task Force Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. Finance Committee Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) 3. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager • 5 F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the February 28, 2006 Regular Session of the Atascadero City Council was posted on February 21, 2006 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 21 st day of Februa 2006 at Atascadero, California. 9 j Shannon Sims, Deputy City Clerk City of Atascadero X City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING Ohe City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA II business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. rA • ITEM NUMBER: A-1 DATE: 02/28/06 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, January 24, 2006 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor O'Malley called the meeting to order at 7:00 p.m. and Mayor Pro Tem Pacas led the Pledge of Allegiance. ROLL CALL: Present: Absent: Others Present: Staff Present Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley None City Clerk / Assistant to City Manager Marcia McClure Torgerson, Recording Secretary Grace Pucci City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, fire Chief Kurt Stone, Police Chief John Couch, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Vern Hugh Haynes, True Spirit Baptist Mission Church, led those present in prayer. CC Draft Minutes 01/24/06 Page 1 of 13 A Bill Obermeyer stated his concerns about the impacts to his property from the Fetyko project. He requested a wall be installed to protect his property. Eric Greening requested that Council announce the time, place and content of the upcoming Strategic Planning meeting. Mayor O'Malley announced the Strategic Planning Session would be held Friday and Saturday, January 27 and 28 in the City Council Chamber and reviewed the agenda. Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll -call vote, COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Scalise read from a prepared statement regarding an experience she had with a local newspaper reporter. Mayor O'Malley referred to an insert in the Tribune of the "Top 20 under 40" and announced that Assistant City Manager Jim Lewis and Planning Commissioner Greg Porter were recognized. Mayor O'Malley spoke about a controlled burn training for the Fire Department and thanked the Rottman Group for providing the buildings. He also complimented city staff and Council on their efforts in the downtown. Council Member Clay spoke about how nice it was to have young people on the City Council, Planning Commission and city staff. PRESENTATION: 1. Proclamation Declaring February 2006 "Grand Jury Awareness Month". Mayor Pro Tem Pacas read the proclamation and presented it to Gail Gresham of the Grand Jury. CC Draft Minutes 01/24/06 Page 2 of 13 A. CONSENT CALENDAR: 1. City Council Meeting Minutes — December 13, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of December 13, 2005. [City Clerk] 2. California Cultural and Historical Endowment (CCHE) Grant Application (Historic City Hall Restoration) ■ Fiscal Impact: Possibility of up to $3,000,000 in grant funding for the restoration of Atascadero's historic City Hall. ■ Recommendations: Council: 1. Adopt Draft Resolution approving the grant application for California Cultural and Historical Endowment (CCHE) funds for restoration of the historic City Hall; and, 2. Authorize the Administrative Services Director to execute a contract with the California Cultural and Historical Endowment if the City is awarded said grant. [Administrative Services] 3. Second Reading: ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056 (6910 Navajoa)(Vaughn and Young) Construction of Four (4) Detached Single - Family Dwellings ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2004-0087 based on findings. [Community Development] 4. Second Readina: Title 9 Plannina and Zonina Text Amendment / ZCH 2005-0106 (Bennet/Norris) Conditionally Allow Indoor Shooting and Archery Ranges ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2005-0106 based on findings. [Community Development] 5. Off -Site Beer and Wine Sales License Determination (7600 EI Camino Real, Suite #1) (Perry's Parcel and Courier Service) ■ Fiscal Impact: None. ■ Recommendation: Council determine that public convenience or necessity would be served by the issuance of an off-site beer and wine sales license to Perry's Parcel and Courier Service. [Community Development] CC Draft Minutes 01/24/06 Page 3 of 13 iI 6. Police Vehicle Mobile Data Computer System ■ Fiscal Impact: $97,551.00 provided by Supplemental Law Enforcement Service Fund (SLESF) grant funds designated for this purpose. ■ Recommendations: Council: 1. Authorize the purchase of six (6) complete Mobile Data Computer (MDC) systems to be purchased from and installed by CDCE, Inc.; and, 2. Authorize the purchase of mobile Computer Aided Dispatch (CAD) software, message switch and six software licenses from Executive Information Services, Inc. (EIS). [Police] MOTION: By Council Member Scalise and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5 and 6. Motion passed 5:0 by a roll -call vote. (Luna opposed Item #A- 3) (Item #A-2.1 Resolution No. 2006-004, Item #A-2.2 Contract No. 2006-002, Item #A-3 Ordinance No. 488, Item #A-4 Ordinance No. 489) B. PUBLIC HEARING: 1. 7705 Navaioa Avenue Planned Development: ZCH 2004-0092 / CUP 2004-0139 / TTM 2004-0060 (Tanner / Fragione) Five (5) Unit Detached Residential ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0058; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0092 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2004-0139 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution approving Vesting Tentative Tract Map 2004- 0060 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council Ex -Parte Communications Mayor O'Malley stated he had received a call from Russ Thompson, project engineer. 0 CC Draft Minutes 01/24/06 Page 4 of 13 11 ■ Council Member Clay stated he spoke with project engineer Russ Thomson earlier this evening. Council Member Luna explained his concern that PD -7's and PD -25's tend to convert multi family projects such as apartments to single family residential thus loosing the more affordable option, and in this project there will be no affordable housing as the developer is opting for in -lieu fees. PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the history of the project, stated the applicant is in agreement with the staff report as written, and answered questions of the Council. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Member Clay to accept the Planning Commission recommendation to adopt Draft Resolution A and to introduce by first reading, by title only, Ordinance A approving the Zone Change; and, to adopt Draft Resolution B; and, to adopt the Draft Resolution approving the Vesting Tentative Tract Map. Motion passed 4:1 by a roll -call vote. (Luna opposed) (item i #B-1.1 Resolution No. 2006-005, Item #B-1.3 Resolution No. 2006-006, Item #B-1.4 Resolution No. 2006-007) 2. Road Abandonment 2004-0015: Reauest to Summarilv Vacate an Undeveloped Allev (EI Camino Real/Principal Avenue)(Westoac Investments, Inc. / The Wallace Group) ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None. ■ Recommendation: Planning Commission recommends Council adopt Draft Resolution A summarily vacating an unconstructed alley right-of-way based on findings and subject to conditions of approval. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council Ex -Parte Communications None CC Draft Minutes 01/24/06 Page 5 of 13 12 PUBLIC COMMENT 0 Brad Breckwald, applicant's representative, stated the applicant's agreement with the staff report and answered questions of Council Eric Greening stated his agreement with the road abandonment and asked what the riparian setback would be once this is accomplished. Mr. McHarris stated there would be no changes in the setbacks to the creek. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Clay to approve the Planning Commission's Recommendation adopting Resolution A summarily vacating an unconstructed alley right-of-way based on findings and subject to conditions of approval. Motion passed 5:0 by a roll -call vote. (Resolution No. 2006- 008) 3. Community Facilities District 2005-1 / Annexation #1 ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt Resolution A, authorizing Annexation #1 to Community Facilities District No. 2005-1 (Public Services); and, 2. Adopt Resolution B, calling a special election and submitting to the voters of the City of Atascadero Community Facilities District No. 2005- 1 (Public Services) Annexation #1 propositions regarding the annual levy of special taxes within the Community Facilities District to finance police services, fire protection and suppression services, and park services therein, and the establishment of an appropriations limit; and, 3. Adopt Resolution C, declaring the results of the special elections for the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation #1 County of San Luis Obispo, State of California, on the propositions with respect to (i) the annual levy of special taxes, and (ii) the establishment of an appropriations limit, and authorizing the recordation of the notice of special tax lien. [ Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT — None CC Draft Minutes 01/24/06 Page 6 of 13 13 In response to Mayor O'Malley's questioning City Clerk Marcia McClure Torgerson reported that there were no written community protests for this action, that there were two voters in this district, that the property owners have filed a consent and waiver for this election and that she concurred with holding the election today. MOTION: By Council Member Scalise and seconded by Mayor Pro Tem Pacas to adopt Resolutions A and B. Motion passed 5:0 by a roll -call vote. (Resolutions No. 2006- 009 and 2006-010) City Clerk Marcia McClure Torgerson announced the results of the special election: 27 yes and 0 no for both propositions 1 and 2. MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt Resolution C as presented by staff. Motion passed 5.0 by a roll -call vote. (Resolution No. 2006-011) C. MANAGEMENT: 1. Solid Waste Collection Services: Response to Council Questions ■ Recommendation: Council direct staff on how to proceed regarding the City's contract with Atascadero Waste Alternatives. [City Manager] City Manager Wade McKinney and City Attorney Patrick Enright gave the staff report and answered questions of Council Ex -Parte Communications ■ Mayor O'Malley stated he had spoken with members of the current contractor and members of another solid waste service in addition to a former city manager and city attorney. • Council Member Clay stated he spoke with Mike Fredericks and his partner about this item. ■ Council Member Luna stated he spoke with Mike Hoover of Chicago Grade Landfill, and Bill Worrell of IWMA. ■ Mayor Pro Tem Pacas stated she spoke Keith Ramsey of AWA and Andy Takata, former Atascadero City Manager. ■ Council Member Scalise stated she had a conversation with Mr. Goodrow of Mid - State Recycling, and Mike Hoover. 0 Council comments were as follows: CC Draft Minutes 01/24/06 Page 7 of 13 14 Council Member Luna stated that ambiguities in the contract must be reviewed and that the City Attorney's recommendation is appropriate. Mayor Pro Tem Pacas stated that Atascadero has received good service and great rates and while she favors continuing with AWA she believes it a good idea to review the contract. Council Member Clay thought it was a good idea to review the contract and indicated he also sees no problem with the way the current provider has performed. Council Member Scalise stated it behooves Council to look out for thebestinterests of the community and insure a contract that serves the community at an equitable rate. Mayor O'Malley agreed that Atascadero has received excellent service from the current provider; however, he believes the only way to guarantee the best option available is to use the free market system. He indicated he would feel more comfortable with a shorter term. PUBLIC COMMENT Keith Ramsey, District Manager of Atascadero Waste Alternatives, distributed a handout to Council and explained why he thinks the City should maintain the agreement with their company. (Exhibit A) Mr. Ramsey answered questions of Council: Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Scalise that pursuant to Section 3a. of the Solid Waste Collection Franchise Agreement with Atascadero Waste Alternatives, Council directs staff to send a letter to Atascadero Waste Alternatives, before February 1, 2006, notifying them of the City's intent to reexamine the term of the Agreement. Motion passed 5:0 by a roll -call vote. Mayor O'Malley recessed the hearing at 8:14 p.m. Mayor O'Malley called the meeting back to order at 8:28 p.m. 2. Customer Service Initiative •Fiscal Impact: Funds are available in the 2005-07 budget for the customer service initiative. ■ Recommendation: Council receive, comment on, and file this report. [City Manager] 0 CC Draft Minutes 01/24/06 Page 8 of 13 15 Assistant Manager Jim Lewis gave the staff report and answered questions of Council. Council Member Scalise indicated she would like to see the phone directory by subject completed sooner rather than later. PUBLIC COMMENT Eric Greening commented that there were good ideas presented and questioned the use of the word legendary, stating he would prefer a more accurate word. Joanne Main, Atascadero Chamber of Commerce, congratulated the city on their efforts and announced that Nancy Friedman the "Telephone Doctor' will be coming to Atascadero to address customer service issues for the business community. Brenda Cowan stated she felt "groundbreakers" would be a better word than legendary. Mayor O'Malley closed the Public Comment period. 3. Citywide Annexation Area / Community Facilities District .No. 2005-1 ■ Fiscal Impact: None. ■ Recommendations: Council: ■ 1. Adopt Draft Resolution A, adopting a boundary map showing the boundaries of the territory proposed for possible future to Community Facilities District No. 2005-1 (Public Services); and, 2. Adopt Draft Resolution B, declaring Council's intention to authorize the Annexation of Territory to Community Facilities District No. 2005-1 (Public Services) and to authorize the levy of a special tax therein to finance certain services. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT — None MOTION: By Council Member Luna and seconded by Council Member Clay to adopt Draft Resolution A and Draft Resolution B. Motion passed 5:0 by a roll -call vote. (Resolutions No. 2006- 012 and 2006-013) 4. Medical Mariivana Dispensary Consideration ■ Fiscal Impact: None. ■ Recommendation: Council direct staff to enforce the current Municipal Code with respect to non -permitted uses. [Police] CC Draft Minutes 01/24/06 Page 9 of 13 16 Police Chief John Couch and City Attorney Patrick Enright gave the staff report and answered questions of Council Ex -Parte Communications ■ Mayor O'Malley stated he has spoken with the County Health Officer Dr. Thomas and with the landlord and several tenants where the current clinic operates as well as the owner and staff at the facility. PUBLIC COMMENT Brenda Cowan spoke about her need for medical marijuana and the difficulty in obtaining it. Carol DeHart explained that medical marijuana is the only substance that helps her deal with her pain and urged Council to adopt an ordinance that would be compassionate. Craig Donville spoke about his medical condition and how medical marijuana has helped him and explained that he must go to Oakland or Santa Barbara to get the medication he needs. Susan Johnson expressed her support for medicinal marijuana being available for those who need it and for a dispensary in the area. 0 Russell Peterson spoke about his medical condition and how medicinal marijuana has helped him and explained the need fora safe dispensary locally. Daniel E. Eister read from a prepared statement in favor of allowing a medical marijuana dispensary in Atascadero. Gail Lightfoot, Chair of the Libertarian Party of San Luis Obispo County, expressed their support for allowing a dispensary for medical marijuana in Atascadero. Debbie Garcia stated she suffers from chronic pain and it is a hardship to travel a long distance to attain her medicinal marijuana. She urged Council to allow this use. Crystal Valdez spoke of family members who rely on medical marijuana every. day to deal with their pain and thanked those who came tonight to support opening a dispensary in Atascadero. John Robinson spoke in favor of the group who has opened the dispensary in Atascadero. Kevin Klono stated he suffers from a back injury and explained how medical marijuana has helped to relieve his pain and how difficult it is to acquire it when needed. 0 CC Draft Minutes 01/24/06 Page 10 of 13 17 is Russell Beers stated he has been to many dispensaries and the one in Atascadero is the most professional he has seen. Freddie Sarenana spoke about his injuries and explained why medical marijuana has been effective for his pain and stated the facility in Atascadero is one of the most professional he has ever been to. Larry Willis thanked the Council for bringing this issue to the public and explained that his wife had a stroke and has ceased eating and he hopes that medicinal marijuana can help to maintain her appetite. Steve Harding stated he has glaucoma and medical marijuana has prevented him from going blind. He urged the Council to vote to keep the dispensary open. Charles Lynch, owner of Central Coast Compassionate Care Givers, explained how medical marijuana has helped him deal with his own pain, stated he hoped he could work together with the city to settle this issue and explained how he came to define his clinic under the category of health services. Mr. Lynch answered questions of Council. Eric Greening stated he favors the conditional use permit process and suggested a criterion for the CUP should be accessibility to public transit. James McClarty explained how many, prescription, medicines can impair an individual's ability to function and stated 4he facility in Atascadero is very professional. Freddie Sarenana mentioned that there is a federal marijuana program going on at this time and explained how it works. Larry Willis stated he doesn't understand why the City has involved itself in this'issue and questioned how the landlord would be libel if he allowed this use. Gail Lightfoot stated she has met two of the patients in the federal marijuana program and they told her the marijuana the government provides is not effective. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use. Motion failed for lack of a second. Council Member Scalise remarked that she could find no support within the Atascadero business community for allowing a medical marijuana dispensary. CC Draft Minutes 01/24/06 Page 11 of 13 Mayor Pro Tem Pacas commented that it would be worthwhile to get input from other cities that have had experience with this before moving forward with adopting the conditional use permit process. She expressed concern that the currently operating facility was not completely honest with city staff when they applied for a business license. MOTION: By Council Member Luna to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use and require the existing facility to go through that process. Motion failed for lack of a second. Mayor O'Malley indicated that he understood why the current business owner took the approach he did however; he cannot support the continued operation of a non- conforming use. He is also concerned for the rights of property owners and wants the ordinance to allow for a process that would include them as well as the entire community. MOTION: By Council Member Luna and seconded by Council Member Clay to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use and that the existing facility must go through that process, it would be shut down and move through that process, and the background to develop that ordinance would use the experience of other cities and the mistakes they have made. Motion passed 4:1 by a roll -call vote. (Scalise opposed) D. COMMITTEE & LIAISON REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna thanked the City attorney and Police Chief for their reports and cooperation. City Clerk City Clerk Marcia McClure Torgerson announced that the City Council has elected Roberta Fonzi to fill the current Planning Commission vacancy. CC Draft Minutes 01/24/06 Page 12 of 13 19 �J City Manager City Manager Wade McKinney reminded Council of the Strategic Planning session on Friday and Saturday and the grand opening for the temporary City Hall on Monday, January 30th. F. ' ADJOURNMENT: Mayor O'Malley adjourned the meeting at 10:43 p.m. to the next regularly scheduled meeting of the City Council on February 14, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following Exhibit is available for review in the City Clerk's office: Exhibit A - Atascadero Waste Alternatives, handout CC Draft Minutes 01/24/06 Page 1.3 of 1.3 20 ITEM NUMBER: A 2 DATE: 02/28/06' Atascadero City Council October 2005 Staff Report - City Treasurer October 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for October 2005 REPORT IN BRIEF: Cash and Investments Checking $ 835,189 Money Market Accounts 614,253 Certificates of Deposit 8,220,124 Government Securities 6,669,358 LAI F 11,483,093 Cash with Fiscal Agents 146,983 Cash in Banks at October 31, 2005 $ 27,969,000 Deposits in Transit _ Outstanding Checks (869,574) Cash and Investments at October 31, 2005 $ 27,099,426 Investment Activity Securities Purchased: None Securities Matured: Maturity Date Description Type Original Cost Amount Matured 10/31/05 People's State Bank CD $ 99,000 $ 99,000 10/31/05 Discover Bank CD 97,000 97,000 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Page 1 of 15 22 CITY OF ATASCADERD TREASURER'S REPORT CASH & INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF OCTOBER 2005 Page 2 of 15 23 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at October 1, 2005 $ 542,813 $ 28,048,480 $ 146,617 $ 28,737,910 Receipts 1,180,983 148,348 366 1,329,697 Disbursements (2,568,607) - - (2,568,607) Transfers In from Redevelopment LAIF 470,000 - - 470,000 Transfers In 1,670,000 460,000 - 2,130,000 Transfers Out (460,000) (1,670,000) - (2,130,000) Balance per Banks at October 31, 2005 $ 835,189 $ ` 26,986,828 $ 146,983 27,969,000 Deposits in Transit - Outstanding Checks (869,574) Adjusted Treasurer's Balance $ 27,099,426 Page 2 of 15 23 24 I" Ir M O Ln fnO N O O O O O O O V O O O O O O O O O O r O W C, C, C, C+ V C,Ln D\ C+ N E. h V ti s� oc ti 0. q M M O O O O O O O O V O p O O O O O O O O O ON m 00 C, " r ON C, c v rn a V o o a a a rn o a o o a .i p p o o 0 W 0 O CC> O h 00 O ° N ca N M V pNr v1 Ln O � A p W V [r Z d -la2 It "a Cd ctl ttl d j r., M W v UR" ° d vrz Ly ami q aai A aQi AA A A A A A rn W W d o 0 o C o o ° ° ° q ° h ti > w w w w ° w 5 > �. w w~ w w~ > 0 C7 U O N N N N tn N N O M 0. L � O L H � eq C4 ON z > a ..¢ cc ' A 11:4 as 94 Fx �rn �3 N cw 3 aw 3Q �, c7c cc aU rA< oa �a Ua wU Ua ti I, z h 'C �L" C O ••• O00 .rr N N OO fln ty 24 I" 25 h 0 o 0 0 0 0 0 O 0 o 0 0 0 O 0 o 0 O 0 O 0 o 0 O 0 o 0 0 0 o O O o 0 0 0 o v o tZj O o r a vi vi In a, o °; cl, rr" O1 O1 01 N O� h ti �O 00 0 V69 C A 0 0 o 0 Cl 0 o 0 O 0 O 0 o 0 0 0 o o O Cl o o 0 Cl 0 0 o O o C C 0 0 0 o O o O o CD r O, C\ O) vi ON Wi vi O� o a 01 r" T rn °1 h O, o O r O� O sv A o 0 0 0 0 0 o a 0 C o �d 0 M vi r wl O O W) O 0 r 0 O 0 0 0 0 0 Ar.4c 0 0 o o o o c o o c o c 0 0 o 0 o o o 0 O�-i M - v'1 r .�-i O O vl O O r O O O O O O O- O O O O a\ h W V LQ ti 0 0 0 0 0 o 0 0 0 0 UU+ U U U U U U - Vi 1U� nU O 0 G d U N U d U N U ,CV !.. N U O CD U t' N U O u 7.. N U 9 O C7 G N U 114 'R 7 N N N O N N N N N h N N N N N M O {, O 00 O a O O � O 0000 O 00 O 00 O 00 O 0000 O G, O O O O 0. yra oro e a ►a 00Ca W -Z a O Q M �qq RS x U Q O c-, C U Wk U W ciU FO zV)[�■ x0.1 v)U Oma°, z 4. W W cV) ti r r r r r r r r r r r r r h N N N 00 00 00 N N N 00 M O O O1 00 ON 01 e Cl M O �c O O 0000 O 00 O O 0000 O C\ O O °i O C', O O a o Wn Cl 0 0 0 o O o O 0 O 0 O kA N O O O O O kf O Q W O� 00 a\ rn C7, r D\ r" D\ r T ch D\ tr) 0\ 00 D\ C, v a\ o O � N N ti46 cdvl a M. O. a a a a s a a a cd s N a �o v a A - 0 O 0 O 0 O 0 O O O o O 0 O 0 O 0 O o O O o 0 O O O O O O" O O O O O O O a rn o o 00 rn C', o r o r rn r o a rn v 00 o o a vi a o O U en GL sv V1 vl V r O W o0 •-+ M M O M h O N vl h C1 O O 00 O 00 O O �°1 Vl �'•1 O O O O O M f�j M M rh M M O � W O kn N W U co a O ti a a a a a a a o N U N N Nu cd ed ed cd - cd id cd at id ° ed U C7 U U U U U U U U U U C7 _ W N d' C' N N N N M •d' It d' d• M O O O Rr q "O O �+ Q O 3 m x x x ca S m ° O °.f O_ eq GC cc 04 4 a x a a H¢ c Q _ ac � � d � Zcc U y °q oMM A Z cc x C� a i° U p o c R, �+ o m a bq L b z •> ea c0 Oq O C O E'� ❑� ,� 3 PYA Ln w� Cd U Ls Y Cn .0 O U. y 'cd i.. °�i i..� •L i� ° Q y b wv r'7 wku 4 aH �H ° '� Uv .: aCq� .Yi �•+ 0 0 N 0 0 O 0 O 0 0 0 0 0 0 0 0 N N O O O O o a 27 • • iv ON_ O O O O O O Cl O O O0 Cl O O O 0, O O O O O O O N O O O O O O O O O O W r l� r O DO 00 00 O Ln 7 N r O Oi M M N M N 00 O V r a O O O o O O O O O O O O O O O Cl O O O O O 0 O O Cl - O O O O O O O O O O O O O O O �. a1 O [— O O 00 a 00 ON 00 D\ O V1 It v1 a O O O 0, a N N Q N 69 _ 0 0 0 0 o 0 0 0 o 0 0 0 0 M N ri O Wl O O O 0 V1 O N O v1 ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n O O n M M O � W O y [r M h Z d Q d Q Q Q Z L-4 O � � V� 2 °oma. �� °tea N ti o o o 0 0 o o � w d wcz o S� o a� d o o o o U (7 U C7 U U U 0 U C7 C7 U �o 0000 O O te) v1 O O C> O_ ho0 O 0 O O 0 C O 0 O - r Cl 01 O 0 O r O O a o o U U y4 s C C C C G ►a N a U O O O a O a W` e N R c Ca o o o o k� mor x A OC cc ik s, � O aN� � � Xk a # _ _ b v V) ? C a, 0: b M b � R b En b :Z) K :aa wU Qao' f�U C7a U Acn Gk fku Uao f�U FQ No0 00 00 00 00 00 00 00 00 00 00 0o ao a W o \-+ 0 0 0 0 0 0 o O o 0 O o N V � �0 O� O O Vl 0\0 O Vl A o 0 v 0 vi 0 o 0 Cl o 0 o 0 r o r O r o r 0 00 0 27 • • h 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 O 0 0 0 0 O 0 0 o o 0 0 O 0 O W ti o a r a, 00 Cl 00 rn a o, o+ o, r o, r" o o o o, cs o; CN vi v H tn 411 O , tiy� C U ti a Q 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 C o 0 0 O 0 C o 0 0 0 0 0 0 0 0 0 0 0 a Q� r D\ 00 0o ol o, a r r o N o D\ rn vi O\ to � (A h . V � O M o0 M v'f N O h O 00 O Vl O O O N O lD M tF V V' M M M 'V' R M M rl 0 0 0 0 0 0 0 0 0 0 0 o h OM 00 M N Oh W O O O O vl b n M 7 '� M M M' Q qQ4 p WCC W W A Q Q A A A A Q A w A w A w A w w 0 w 0 w 0 w 0 w 0 w 0 w 0 w 0 0 0 0 0 Cd ~ w w wtlzl U u U U U U 0o U U U U O O O O O O O �O OO O OO O `O Ir W Q- oooo O O oo O oo O O� O O C O O O O O a o d C o AS �r C w h O rr y C q ow C ,� R� Q 2 5, co o z o w o C o c �o c b b '¢ o o d A d `o o �3 w� wU Uv Qo wx w� 0 0 0 0 0 0 0 o0 0 0c, 0 0 0 0 a 0 O N N N a Q' Q O O O O O O O O O 0 0 0 0 0 0 0 C) 1-n O o C o fy pj r r r o r v vi 00 00 vi o r v o, o v o ON rn a o o a o 0 [r h W) N M tibq ro ro o In o � O ti a, q o O Cl 0 0 0 0 0 o O o O o 0 0 0 0 0 0 0 o O o o O o 0 Cl 0 0 C C C 0 C 0 C 0 0 r r- o r- kn kn o 00 Ln o r UON ON o 0 0 0, o` o 0 0 0 o a Q a v� Q o Lf) 0 0 I o o W 0 0 �i Vl V1 O Vl O V1 In O O O r1 Vl ,O V1 M ,O O V1 V1 v1 Vi [� O h N M M M M It M M M M M I 0 0 0 [r `� V1 V1 O IR O h V'1 V1 O vl lO C r1 O r1 V) f� \D V1 M O V1 V7 � O � N M M 7 M 0 W O v) CIS Q W o ;t4 44 0 � O W A A A A n A A A A -A 8 A o 0 0 0 0 0 0 o o o All ami o o o ani U U U U C7 U U U C7 U U C7 U ty t It v d vi v v In v R N �O Z N Z \ RO N N N M �+1 M kn Vl V O O O O O O O O O O O O O a on go 00 od Or, 0 1 U c x CG Ir ai x G C a Ci Ca � ra � C Lir' z 7 � N O '> ►a �O � U A Z H a a' o ea W o o o(11,04a° U o o r fe9 y O y Cj L r,, y may^ i N Lli d •� c0 r+ L/J 'b y L t„' Uj L CL ren V] r ^� L o o A m o abi a �U wa wa 3cn wU u b+'a" rs,v zV) 3ca wU aV) tr a v o o a rn o o, o, o, rn o, a ty o 0 0 0 0 0 o O o o O o 0 hN o v v v o N o ti .o CN ,o M � M O O O N O OO O N O Cam. N N N N M In M er L% v 1 v1 �c O O O O O O O O O O O O O 29 • • 30 h 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 W r 0, r rn 00 0, r o r a n a o o r rn r 0 n" 0 r 0; c o ti ti Ln O , U ti 0. A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U n o, n o, � a r 0` n a n rn 0 o n rn r o r 0 r o o c 0 o vi Q if1 M -v1 N vl N V1 N h D\ O O� O O O O O� V1 00 O v1 O O O O ray V cl' d' M M w h 0 c 0 c 0 \ 0 o 0 0 o 0 o 0 o 0 0 o o o 0 o 0 c Er � � Vl v1 h V1 O O O O h O O O O h QWc WC7 � O •m .� .N y y N �' ti (r O O O O O A O O O O A O � Q '[�j. - A - Q ^ N 00 Q ' w 4-i .. -�C A 0., O o 0 w 0 w 0 4.., 0 w 0 0 0 0Cd 0 co � al Cd w w w w w w w w U U U U -U U C7 U U U U U �. f�y V Vl h v1 In v D\ d' kn —0 o � Q O O O O O O O O In Vl h .y m a o a rij W ea x K "o) � d7 CLC Cq a F M Ao co ol L O 'fl � O aVi � CS a> Uva c7. H U O w U ty ON o 0, 0 T 0 O\ 0 O\ 0 o, 0 0 0 0 0 0 0 0 O O O 30 31 O O O O O O O N O O O O O O O O O C D\ 00 a\ 00 D1 00 D\ v'i CN l� C� C� Q\ O O l- C, r- C� 00 Q\ 00 C, h In tn0 ti69 O O O C O t3 cd o0 cd c3 cd cd ctl ti I C p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U a Ci C\ r" C, 00 o, 00 C, 00 C, vi a r" 0 o 0 o Cl r- a r a 00 a, 00 ON s> 0 0 0 0 o o o 0 0 0 0 0 O -O O O N N v1 N M In N o M n N o V 'IT eY V 'V' R el' d' V et rP - O O v1 O Cl O O O N N V1 It N -C M Vl N O M Vn N O rn o V 7 V d' It 'a U4' N [ti M ti W cd w ro o cd ca cd ro Cd O r1 N h V1 w h N 0 •t~/1 'w •VI •h [r o CL 0 a 0 a 0 0 a 0 a 0 a C 0 C o o a 0 a 0 a 0 W 4 w 0 w 0 w 0 w 0 w 0 w 0 w 0 .. w 0 w 0 w 0 w 0 aai __ ___ -.°3 — -- -:3 - - --- W.. � � cd- U w^ U tC U w U w U w~ U w U w > U w U eC U w U •w~ U U U U U U U C7 C7 U U U U W 0 Ln 0 0 v'I 0 Wn 0 v) 0 to 0 vi 0 Ln 0 In 0 o tn 0 h 0 h N N O `O 00 00 O r— N 00 N rq N � N 00 O n r O O N O O In O O O O O O O O w cd O cc Z .. a W v'` caQ g •eC pM. ,M„ G. Cj A L C ^i Cr z> p C O C d O r�i M �Gk, Z M 3k a CIS m {Q+ O ', 40 M 3 dw wx 3U U¢ti Es a3 xx wU wU oaEn LO xx tio, o 0 0 0 0 0 0 0 0 0 0 0 N N N O 00 N N 7 N O -�- p O O N O N O M O O O O O O O O 31 en M ti 00 0 N C n N iA us 00 N a cc sn 00 00 M en In n N Qq d9 C o � 0 y a C CIS 11 d 9 32 Er O O O O O O N 00 w 00 P 00 r - D 00 N O W U � � N O� T O �A VD\ a\ D\ G 69 M V1 �D o vi vi d M 7 V1 �D d' � �Cy tn '*R 0 � � l e0.ir7 N O r� o .. U w U w U w U U U Q O O O 0. w h w C � A x a Ln �o W W Ln Lil Ci V] o 0 0 A 0 0 0 en M ti 00 0 N C n N iA us 00 N a cc sn 00 00 M en In n N Qq d9 C o � 0 y a C CIS 11 d 9 32 City of Atascadero Investments by Type October 2005 Cash with Fiscal Agent Government Securities i% Other 9Go/ moi � Vi uuudLcb vi ti Pvon 30% Investment October 2005 LAIF $ 11,483,093 Certificates of Deposit 8,220,124 Government Securities 6,669,358 Cash with Fiscal Agent 146,983 Other 614,253 $ 27,133,811 Page 12 of 15 33 • 0 • One Month Within to One Year One Month 2% 1 % �w City of Atascadero Investments by Maturity October 2005 One to Five Years 52% On Demand 45% u Investment October 2005 On Demand $ 12,097,346 Within One Month 293,000 One Month to One Year 441,410 One to Five Years 14,155,072 $ 26,986,828 Page 13 of 15 34 35 City of Atascadero Investments by Custodial Agent October 2005 Union Bank 45% RBC Dain Rauscher 7% Penson Financial Corp. 5% Custodial Agent October 2005 State of California $ 11,483,093 Penson Financial Corp. 1,277,650 RBC Dain Rauscher 1,784,032 Union Bank 12,392,643 Bank of New York 146,983 City of Atascadero 49,410 $ 27,133,811 Page 14 of 15 Bank of New York 1% City of Atascadero 0% State of California 42% • • • 4.50% 4.00% 3.50% 3.00% 2.50% 2.00°/ 1.50°i 1.00° 0.50° 10.00' City of Atascadero Investment Yield vs. 2 -Year Treasury Yield For the Month Ended October 31, 2005 ooh ooh ooh ooh o00 poo ooh ooh ti o�0 ooh �o� oo, ooJ ti ti ti ti ti e`� City Yield 2 -Yr Treasury Yield 2 -Yr Treasury City Yield Yield October 2004 2.57% November 2004 2.48% 2.85% December 2004 2.59% 3.01% January 2005 2.69% 3.22% February 2005 2.77% 3.38% March 2005 2.89% 3.73% April 2005 2.99% 3.65% May 2005 3.08% 3.64% June 2005 3.28% 3.64% July 2005 3.34% 3.87% August 2005 3.45% 4.04% September 2005 3.54% 3.95% October 2005 3.60% 4.27% Page 15 of 15 36 Page 1 of 15 38 ITEM NUMBER: A — 3 _.■ a a e r n Y918 a 1979 DATE: 02/28/06 A tascadero City Council November 2005 Staff Report - City Treasurer November 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for November 2005 REPORT IN BRIEF: Cash and Investments Checking $ 631,127 Money Market Accounts 944,420 Certificates of Deposit 8,307,053 Government Securities 6,894,003 LAI F 10,848,093 Cash with Fiscal Agents 147,383 Cash in Banks at November 30, 2005 $ 27,772,079 Deposits in Transit - Outstanding Checks (334,853) Cash and Investments at November 30, 2005 $ 27,437,226 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 11/01/05 Bank of Oklahoma CD $ 90,788 04/16/09 11/01/05 Royal BankAmerica CD 96,598 10/06/08 11/09/05 Federal Home Loan Bank govt security 224,644 08/16/10 11/15/05 Old National Bank CD 96,394 09/28/10 11/28/05 Provident Bank of Maryland CD 96,022 05/28/10 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 11/01/05 Western State Bank CD $ 97,000 $ 97,000 11/07/05 Morgan Stanley DW Bank CD 97,000 97,000 11/14/05 Grundy National Bank CD 99,000 99,000 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None . Page 1 of 15 38 • 39 Page 2 of 15 CITY OF ATASCADERO TREASURER'S REPORT CASH & INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF NOVEMBER 2005 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at November 1, 2005 $ 835,189 $ 26,986,828 $ 146,983 $ 27,969,000 Receipts 1,966,527 37,294 400 2,004,221 Disbursements (2,225,142) - - (2,225,142) Transfers In from Redevelopment LAIF 24,000 - - 24,000 Transfers In 810,000 779,447 - 1,589,447 Transfers Out (779,447) (810,000) - (1,589,447) Balance per Banks at November 30, 2005 $ 631,127 $ 26,993,569 $ 147,383 27,772,079 Deposits in Transit - Outstanding Checks (334,853) Adjusted Treasurer's Balance $ 27,437,226 • 39 Page 2 of 15 Wo Eti M D\ O O N V O O O �o M V1 O O O O O O O O O O O O It O O O N O O O O - 0 O O O O W oo rn h ° T C, CN O\ C\ O, ON 0\ ON N CN O v o Q` o` r "1 cd ld N cd Cd dY cdtd �O O 00 cd cd td � q MO O, O N e{ O O O �D M U1 O O O O O O O O O O O O O O O O O O O O O O O O O O O V 00 W In O\ In O D1 Lt, �) O O O U1 O 00 V1 00 h 0 0 O 0 o �. 0 k 7 O N K? M r M en M V M W W tee•, V cls Y bL d +li C A• O O ami O ami .+ N a¢i aai aGi aAi aGi A A A O o O O O O O b O O Z w w w w w w^ 0 U U U U U C5 U C7 U U W N M N N N N h O M `O !O V N N O M O � N j:4 os N Q O O O O O .� O O O O O 0. x x x w cc C oo Q Lo� C CQ i. A C Q a cc a co o� Z a°o .a �� tea°. �� a w °cn ° a ca u) O Jr' L 0q .o aw co Q* a;U end aaa Oa Ua wU Ua° Wk UU FO n 0 0 0 0 0 0 0 0 0 0 0 0 r N N 4 N •--� N Q' Q O Cl O O O �+ -" O O O Wo 41 h O O O O O O O O O O O O O O O O O O O O O D, D` ON O D\ Q\ r- D, Ci Vj D, �o r- 01 Q\ C� Vl 00 Q� h ti 41, 00 N N U cL ti A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o C o O C V w7 vi a V rn v rn o rn o C� o o vi rn o o en n C, o o 0 o rn 00 C� e N fy e va O v1 O O O O O O O O O kn M w h o o o 0 0 0 0 0 0 0 0 kn O O h O O n O O O O O O O O O O O 0� O W1 N O V1 of rl' t7' M V' C' M M t7 M rn oo L4 a o h n w oaf o V Zr h a 0 a 0 a o a �i a a o'o L o a L) A o 0 0 o 0 0 0 o oCd o cd -104 U U U (7 U U U U C7 U U C7 U N N N N 'd' N N C O N i, 00 O 000 O 0 0000 00 CN O O r O C Q. � w o m ca C7 Pa � C '� is .O.l O¢ w y ami E p a x pa � e ti a _ Z y pC) C Wco O Xo as cc 8 d o a+ X o w cG Q Q•a .: C O.c i7 94 O "" x U '9 go ai x � U ti N yy A O ,7 O U z a eC M �" Z ❑❑ z N 7t � �" d ¢' = o O [ y u i lot cd i id .Y. .�4 W .0 � 'S7 � v' y O U „O V] •p O z U w w U w C 0 U W U p. H n n n n n n n n n h 0 0 0 0 0 0 0 0 0 n 0 n 0 n o n O 4 00 N N N O O V1 N N (71h N Q oD O 0\0 O W O DD O W O ON O C, O O O O T O O O 41 Ir O O O C 00 p O Vl O O N O O O 00 � M M D\ OW °, D\ D\ T °� Q\ D\ OM ti 69 Ln 40� ed CIS m 00 0. A O O p p O p p p O O p O O p Cl O O O O O O O O p O OO O O O O C O O r O r - W W C T r- a D\ ° C\ C\ ° ° M v� we ^ In c CD c c O M O M N M 0.1 r p o00 M N M M a M M M M A c c c o o CD NCD C p O O 00 O p 000 00 M M M M M M Ln ZR Ln 0 O O W o G o o E. o 0 c o ° ° °ISM co o ►• � � � � U U U U V � U � U U U U U 7 M C d N N Liq C�CD _ 00 O O 4 o ¢ o c i' C G pp d Qcc -ella m v F Vj C :1 •' C F = a O A a c�Xy M x od C A o h e U q o p°4 d o o n x p o d 8 o H o Qgo 2 Ln u H vv x vU U3 x� v �x wU aw 'ow ax �•00 00 00 CD r r r r r r c o p [ti r r C p p O O N ai O O 5i r 00 M N N C [dry � M M O O O o O .,,,, .•. � O O O � 'd 43 • • Er 0 o 0 Oo 0 0 0 0 0 0 0 a 0 o 0 Cl 0 0 0 Cl 0 O 0 o 0 O 00 O V1 N l- O a r- 00 O W O 00 0\ 00 D\ N M a\ D1 N O\ H '� �y cy N ftl N t7 M � O ctl ctl tC cd cd a q O Cl Cl O 0 O O O O O O O O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 0 0 O 0 00 T 0 00 D 0 00 T 0 Cl 0 vi ":r v D o O 0 N o a n oo (71 CWi N 69 A O o O O o o O o o D o 0 vi W 0 0 o vn o o vi N o M 0o M N M M M M M M N M M N1 r1 w 0 o 0 0 O 0 o 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 o 0 0 CD h OOi � O N M oo N o Aa;N WCC �y �tiM a coa a Q a a a a yh ¢ a a Q Q Q � ; � LA ' y • w y l+' i�' y � ?.+` v� per,, Op, O W A A Ad A Aa A Enw o cn En � 0 0 o p � � aoi aoi m aoi ~ C7 U U U C7 C7 U C7 C7 U U U U N O O M M C oo Q �p Cp p O O O O O O O oo Cl oo O O a o � U aj O Off. y, D\ Vj `, W oo � ed .�U. Ca ❑ �" ,g M M c 8 M �: M W ✓�' c. ¢ O .. Ri c ��.�'y ,Nr [ # p itl 7 L d 4 G� fin r'�- vOi tF7d Qa FU. W d y 3 c b as ti i--7 i --i m d c x y 14 o Gz.0 C7a �U Avg c=,U wU Uw wU wU FQ 3� fwcn �� [�. Gy oo 00 0 0o 0 oo 0 oo 0 oo oo 0 oo 0 oo 0 00 0 00 0 00 0 00 0 o _0 oo o v oo 0 0 0 0 0 0 0 0 0 0 0 o0 oo 0 oo 07 0 00 0 00 0 43 • • 0 o 0 0 0 0o po c o 0 o c O O n C c O ° °, rn r o o c o N °, Ln col ti6R ca A O � ti O O O O O p p O O C O r W o cl o cp� ° ° o U1 c. i- a rn W L1 N VI G C O C o tn kA wl h O N ' M M '� M o o Cl C o O 'n h � � W O � t+1 Vl M V1oRNen M M M i � y .44 a ,O a+ •,,, y . N a+ .+ 44 aY p, W v v z u W w^ w U U U U U U U a A c c c c o 0 0 0 a w h •i C w 0 K Py Lol C� d GC 0 a„ EoO � a. a w ai o '� •� yy z o0 oa O, �, � = � .a c� zs .,y � •y T '067 Y d C. r d ;d LL C 9 O Ua C v�3 wU u do wx w • �. o o 0 ° O o0 0 00 0 0o 0 c 0 c o p c 0 r O Cr Q O O O O N... O O O O O O O 45 • k a 0 r o n 1n 00 O 0 '^ 0 -� A c0 ro N ctl td 1L" kr).N^+ N N ftl cd. co td N ti av A p O O O O O O O O O O O O r" o r- CN° vi to ° o o kn ° 00 O, vi o r r o en W A oO o 0 0 0 0 0 O 0 O 0 0 0 0 N 0 � V V1 O V1 V1 O D. M M M M M M M W \ c c o o o o o L to r.] M ,.. M to h O O O O N M ^^\VV ~- Ocz ed G Q A G co ca V N V) y04 % h cl U U V U U U C7 U U U C7 U U Men N O O O ^" O O O O O Cl • c 0 9 x x nD �¢cc � � � C l+' Z. O na N O O •� oA � � � U O � U ti t0, x x O o,94 Q ` ag may+ � � M% # ° � O O � •L O ° �' 40 � N O O Q L C � 1. .l,O. L G -i � mH zrn 3ca wU a(n z iz 3cn wv u H'a" wv • k a 0 [r 0 o 0 0 0 0 0 0 C 0 0 0" 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OZ W C, oo CN r- a r C\ r- o o 0 r 0, r-: o, r-: C, r" C, C, o, o o C, C, 0. h OU , tiva 4, A 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 Cl O 0 O 0 0 o 0 0 0 o 0 0 O 0 0 o 0 0 r" o 0 oo rn 0 o 0 r ON 0 rn 0 o o c rn rn a o o a LIS A o 0 0 0 0 0 0 0 0 o e o 0 A 0 \ c 0 \ 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 er v� f1 v1 �n O O O O Vl M O V O � O - �1' O V � � 7 M M d• V M LQ a� o W V LQ cV U c ti CIS Cd cz Lo� H "+ 091,11 vim, u m Uti � a �' aQi aai � � aQi ami aai aQi a¢i � aai ti V3 w w w w w w •E w •t w w y: t > U U U v U d U 0 C7 d U U U U U o C7 U Gy 0 0 0 0 0 0 0 0 It 0 v 0 v 0 0 v 0 N O t O M N N O D O N a A o 0 0 0 0 0 0 0 o 0. y � a � N w A eN¢ ti ma c ow oa �d In Q w � d co ed � eCa � G° a d = Q c � ccr) z W CR t] a� go O1 y ro C y ea m ••, C %r M p L [r G U" a> G L G � 7t i� 3a vw �G7 cc N Y W Y ov v�A x> Uctl( 'wH r~% wU 6� Aa 1. H3 Y xca O Uu u w 3 ti C, ol CN C C, 0 C, 0 a W o 0 0 0 0 0 0 0 0 0 0 O It 47 Ir O O O O O O O O O O O O M �D N N O O O O O O O O O O (- 00 00 00 Vn C, 7 Cl h r 00 00 Q, ti69 Gtl cd [C cC CC ai !� 00 T c0 RS ctl �C etl 0 V aq 0 0 0 o 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 O 0 0 o 0 0 0 0 0 0 0 0 C 0 0 0 t- 00 00 00�n a c- a o o C o N r o 00 00 ol �a �64 w� v kf) O o O to O o N 0 N 0 vl n N O, o M tr) N o M n N o of Q 0 c 0 \ \ 0 \ 0 \ 0 c 0 0 \ 0 \ 0 \ 0 o o o vl O O O O ClCi N O N O v1 N O O Cl M v1 N O M N ? 0 V "It 7 M W C7 ca co ti d 0 0 0 a O O O O O O C O O 0 O O ctl eO N cd cd cd � � � U U w w w w w w > n > w w w^ U U U u U u U U U U ty o 0 0 0 0 0 0 0 0 0 0 0 o o 00 (71 00 00 O 0 0 0 0 0 0 0 0 0 0 0 0 a 2 00 i> C A Z W, Q) r�i L E v N oa a o a x M ai Mcc eCa v G C C > > > G per., ed per., c�a C q >, N E y u y V y 0 i' CCtl O �—O• E y .0 O Q Op+ � e3 S y �-1 !may .E 'L O O a 3 w w x x x x 3 U w U w w w U oa v¢ x x o 0 0 0 0 0 0 0 0 0 0 0 0 N N O N N ^ 00 Q Q O O N O N O O O O O O O O O O 01 1-1 0 O �O O O W a N v o a d tol O W N N V ti yy fA b9 w N t. y � U 'V U O O ClaN O O en 00 en 00 en It O 00 V1 ON U / V N O D, O NO .�.. .r.� L' yC❑., O b A o 0 M 0 V1 0 Vl 0 N V O oo a s Cd W M O V1 �O V v � w h 3 w W b o 0 0 o Vkn1 � N It rn '14 a O, cz Cd 10 b m � U Cd � N a p o 5o u Nca 0 0 w o ca ~ � N � y U C7 U U U F y 3 6 d W o N - t w U U 00 00 ( (71 'O y p � � � o U U a ,Z C y C,M A O •� .N. a U R a h V 04 Ua.40. vX v es . F : C w cin cy I--1 °' o) c F cc: O C7 O , Oa dCc e ori ea U o Cd W W WU m0 OW [. 0 0 0 0 0 d > 00 r F .. hi N r \0 C, 00 O N � d WU Q Q 1� O W O 00 O O\ O 01 O w 'y cd Y== y 0 City of Atascadero Investments by Type November 2005 Cash with Fiscal Agent Government Securities 1% Other ')4o/ 3% 31% Investment November 2005 LAIF $ 10,848,093 Certificates of Deposit 8,307,053 Government Securities 6,894,003 Cash with Fiscal Agent 147,383 Other 944,420 $ 27,140,952 49 Page 12 of 15 • • � 0 Q • �J City of Atascadero Investments by Maturity November 2005 One to Five Years Investment November 2005 On Demand Within One Month One Month to One Year One to Five Years $ 11,792,513 937,260 14,263,796 $ 26,993,569 Page 13 of 15 50 City of Atascadero Investments by Custodial Agent November 2005 Custodial Agent November 2005 State of California $ 10,848,093 Penson Financial Corp. 1,277,655 RBC Dain Rauscher 2,388,479 Union Bank 12,429,806 Bank of New York 147,383 City of Atascadero 49,536 $ 27,140,952 51 Page 14 of 15 • • • • 5.00% 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% �J City of Ataseadero Investment Yield vs. 2 -Year Treasury Yield For the Month Ended November 30, 2005 i 4 � Off` O� OP OI OP O<, O� O� O� I&O� T rO �O �O �O �O �O rO IO IV xe�`J� City Yield 2 -Yr Treasury Yield Page 15 of 15 52 2 -Yr, Treasury City Yield Yield November 2004 2.48% 2.85% December 2004 2.59% 3.01% January 2005 2.69% 3.22% February 2005 2.77% 3.38% March 2005 2.89% 3.73% April 2005 2.99% 3.65% May 2005 3.08% 3.64% June 2005 3.28% 3.64% July 2005 3.34% 3.87% August 2005 3.45% 4.04%_ September 2005 3.54% 3.95% October 2005 3.60% 4.27% November 2005 3.71% 4.42% Page 15 of 15 52 • ITEM NUMBER: A - 4 DATE: 02/28/06 A tascadero City -Council Staff Report Administrative Services Department November 2005 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2005. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 11/3/05 Checks # 21947 - 22005 0 Dated 11/17/05 • Direct Deposits Checks # 22006 - 22059 Direct Deposits Accounts Payable Dated 11/1/05 - 11/30/05 Checks # 102704 - 102904 & 102919 - 102994 & EFTs 385 - 392 TOTAL AMOUNT FISCAL IMPACT: Total expenditures for all funds is $ 62,351.36 185,610.92 57,192.98 173,410.13 1,331,072.14 $ 1,809,637.53 $ ' 1,809,637.53 CERTIFICATION: The. undersigned certifies that the attached demands have been releasd for payment and that funds are available for these dem n), -0) .4"n4?rx-11- Rachelle Rickard, Director of Administrative Services ATTACHMENT: November 2005 Eden Warrant Register in the amount of $ 1,331,072.14 54 Check Check Number Date 102704 11/1/2005 385 11/3/2005 102705 11/4/2005 102706 11/4/2005 102707 11/4/2005 102708 11/4/2005 102709 11/4/2005 102710 11/4/2005 102711 11/4/2005 102712 11/4/2005 102713 11/4/2005 102714 11/4/2005 102715 11/4/2005 102716 _.1174/2005 102717 11/4/2005 102718 11/4/2005 102719 11/4/2005 386 11/8/2005 102720 11/8/2005 102721 11/9/2005 102724 11/9/2005 102727 11/9/2005 102729 11/9/2005 102730 11/9/2005 102731 11/9/2005 City of Ataseadero Disbursement Listing For the Month of November 2005 Vendor Description KNIGHT'S CARPETS & INTERIORS Accounts Payable Check MID -STATE BANK Accounts Payable Check ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment FAMILY SUPPORT DIVISION Payroll Vendor Payment EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment EMPLOYMENT DEV. DEPARTMENT Accounts Payable Check HARTFORD LIFE INSURANCE Payroll Vendor Payment ICMA RETIREMENT TRUST - 457 Payroll Vendor Payment KENNEDY CLUB FITNESS Payroll Vendor Payment NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment PERS LONG TERM CARE PROGRAM Payroll Vendor Payment PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment SEIU LOCAL 620 Payroll Vendor Payment UNITED WAY OF SLO COUNTY Payroll Vendor Payment MID -STATE BANK Payroll Vendor Payment SANTA LUCIA BANK Accounts Payable Check AFLAC BLUE CROSS OF CALIFORNIA BLUE SHIELD OF CALIFORNIA DELTA DENTAL, ATTN: ACCOUNTING THE STANDARD UNIT 22 UNUM LIFE INSURANCE CO. Payroll Vendor Payment Payroll Vendor Payment Payroll Vendor Payment Payroll Vendor Payment Payroll Vendor Payment Payroll Vendor Payment Amount —* 91,846.00 235.06 570.00 20.00 560.29 207.69 10,524.52 1,330.96 8,318.00 9,395.38 938.46 88.00 856.09 16.19 73,215.41 653.5 26.00 44,133.47 48,250;00 3,089.30 94,355.71 1,803.79 8,015.10' 968.07 660.17 102732 11/10/2005 VOID Accounts Payable Check 0.00 102733 11/10/2005 SAN LUIS OBISPO CO. CLERK Accounts Payable Check 1,275.00 102734 11/10/2005 A & T ARBORISTS Accounts Payable Check 1,200.00 102735 11/10/2005 A CLEAR PERSPECTIVE Accounts Payable Check 1,000.00 102736 11/10/2005 A -JAY EXCAVATING, INC. Accounts Payable Check 6,557.87 102737 11/10/2005 ACTION FAX & PRINTER Accounts Payable Check 155.51 102738 11/10/2005 AHERN RENTALS Accounts Payable Check 1,512. 102739 11/10/2005 AIRGAS WEST Accounts Payable Check 57.80 55 City of Atascadero Disbursement Listing For the Month of November 2005 Check Check umber Date Vendor Description Amount 102740 11/10/2005 AMERICAN MARBORG Accounts Payable Check 72.77 102741 11/10/2005 PAULA ANTON Accounts Payable Check 300.00 102742 11/10/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 172.08 102743 11/10/2005 GINA ARIAS, - Accounts Payable Check 24.91 102744 11/10/2005 ATASCADERO FORD Accounts Payable Check 4,883.30 102745 11/10/2005 ATASCADERO GLASS, INC. Accounts Payable Check 16,791.00 102746 11/10/2005 ATASCADERO HAY & FEED Accounts Payable Check 16.36 102747 11/10/2005 ATASCADERO HOMEOWNERS, LLC Accounts Payable Check 385.00 102749 11/10/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 9,919.75 102750 11/10/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 89.30 102751 11/10/2005 ATASCADERO RUBBER STAMP CO Accounts Payable Check 28.85 102752 11/10/2005 ATASCADERO TEMPLE ASSOCIATION Accounts Payable Check 1,110.00 102753 11/10/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 550.83 102754 11/10/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,432.39 102755 11/10/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,221.70 102756 11/10/2005 ATC ASSOCIATES, INC. Accounts Payable Check 2,980.00 102757 11/10/2005 AVAYA INC. Accounts Payable Check 22.42 102758 11/10/2005 BANGERT CONSULTING Accounts Payable Check 2,016.00 102759 11/10/2005 ANN BANKS Accounts Payable Check 55.08 102760 11/10/2005 BAUER COMPRESSORS Accounts Payable Check 18,975.10 102761 11/10/2005 AMY M. BEEMAN Accounts Payable Check 49.00 102762 11/10/2005 CINDY K. BENSON Accounts Payable Check 937.30 102763 11/10/2005 JIM CAIN Accounts Payable Check 1,594.56 102764 11/10/2005 CANNON ASSOCIATES Accounts Payable Check 390.00 102765 11/10/2005 ANGEL CANNON Accounts Payable Check 30.00 102766 11/10/2005 CCFPA Accounts Payable Check 105.00 102767 11/10/2005 CENTRAL COAST CONTAINERS Accounts Payable Check 267.50 102768 11/10/2005 CENTRAL COAST STRIPING, INC. Accounts Payable Check 7,441.40 102769 11/10/2005 CENTRAL COAST WATER TREATMENT Accounts Payable Check 566.00 102770 11/10/2005 CINGULAR WIRELESS Accounts Payable Check 24.19 102771 11/10/2005 KATHY J. CINOWALT Accounts Payable Check 287.00 102772 11/10/2005 KAREN CLANIN Accounts Payable Check 406.00 102773 11/10/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 101.78 102774 11/10/2005 CSK AUTO, INC. Accounts Payable Check 55.43 102775 11/10/2005 D & J CAMPING AND CLOTHING Accounts Payable Check 338.70 102776 11/10/2005 D.A. FETYKO, INC. Accounts Payable Check 6,000.00 56 Check Number 102777 102778 102779 102780 102781 102782 102783 102784 102785 102786 102787 102788 102789 102790 102791 102792 102793 102794 102795 102796 102797 102798 102799 102800 102801 102802 102803 102804 102805 102806 102807 102808 102809 102810 102815 57 Check Date 11/10/2005 City of Atascadero Disbursement Listing For the Month of November 2005 Vendor DARRYL'S LOCK AND SAFE 11/10/2005 DAN DAVIS 11/10/2005 SANDRA N. DEALPH.D. 11/10/2005 DECOU LUMBER COMPANY 11/10/2005 DEPARTMENT OF CONSERVATION 11/10/2005 DIAMONDBACK FIRE & RESCUE, INC 11/10/2005 EL CAMINO CAR WASH LLC 11/10/2005 MARGERY EMGE _ 11/10/2005 EMS PERSONNEL FUND 11/10/2005 EMS PERSONNEL FUND 11/10/2005 ENVIRONMENTAL MOLD SAMPLING 11/10/2005 EWING IRRIGATION GOLF INDUSTRL 11/10/2005 EWING IRRIGATION GOLF INDUSTRL 11/10/2005 KEITH J. FALERIOS 11/10/2005 FEDERAL EXPRESS 11/10/2005 FENCE FACTORY ATASCADERO 11/10/2005 FENDER'S AUTO SERVICE 11/10/2005 FERRELL'S AUTO REPAIR 11/10/2005 FGL ENVIRONMENTAL 11/10/2005 FISHER SCIENTIFIC 11/10/2005 FOOD FOR LESS 11/10/2005 FRAZEE INDUSTRIES, INC. 11/10/2005 FRAZEE INDUSTRIES, INC. 11/10/2005 FREAK SHOW CLOTHING 11/10/2005 GAS COMPANY 11/10/2005 GATEWAY COMPANIES, INC. 11/10/2005 GEM AUTO PARTS 11/10/2005 GLENN,BURDETTE,PHILLIPS,& 11/10/2005 KENNETH GLYNN 11/10/2005 GRISANTI HARDWARE 11/10/2005 H.D. PETERSON 11/10/2005 HART IMPRESSIONS PRINT & COPY 11/10/2005 APRIL R. HIGGINS 11/10/2005 JOHN W. HOUGH 11/10/2005 I.M.P.A.C. GOVERNMENT SERVICES Description Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check .Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Amount 17.16 423.50 295.00 89.39 2,615.25 84.29 14.95 205.00 130.00 130.00 500.00 1,751.39 184.44 1.98 121.18 138.64 70.2 39.6 0 57.40 218.02 38.22 114.92 41.98 266.50 46.25 641.84 301.58 8,500.00 292.60 136.94 42.90 69.71 216.34 610.00 20,548.0 City of Atascadero Disbursement Listins Amount bn.0 / 538.53 213.33 62.57 600.00 17.15 275.00 15,378.29 33,780.63 2,775.41 1,909.86 341.80 6.80 286.96 120.00 131.01 1,610.81 107.25 60.11 6,096.25 1,163.49 46.75 25.39 2,125.09 116.21 27,872.34 8,083.66 188.13 200.00 353.00 1,689.34 72.72 69.69 730.00 1,770.00 135.00 For the Month of November 2005 Check Date Vendor Description 11/10/2005 I.M.P.A.C. GOVERNMENT SERVICES Accounts Payable Check 11/10/2005 INFORMATION TECHNOLOGY Accounts Payable Check 11/10/2005 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 11/10/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 11/10/2005 K -MAN CYCLERY Accounts Payable Check 11/10/2005 K -MART Accounts Payable Check 11/10/2005 KPRL 1230 AM Accounts Payable Check 11/10/2005 KRONICK,MOSKOVITZ,TIEDEMANN,& Accounts Payable Check 11/10/2005 LAIDLAW TRANSIT SERVICES, INC. Accounts Payable Check 11/10/2005 LANE-BRADSHAW INVESTMENTS Accounts Payable Check 11/10/2005 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 11/10/2005 LIEBERT CASSIDY WHITMORE Accounts Payable Check 11/10/2005 ERIN MCGRATH Accounts Payable Check 11/10/2005 WADEMCKINNEY Accounts Payable Check 11/10/2005 MEDWORKS, INC. Accounts Payable Check 11/10/2005 DELMA MEYER Accounts Payable Check 11/10/2005 MID -COAST MOWER & SAW Accounts Payable Check 11/10/2005 MINER'S ACE HARDWARE Accounts Payable Check 11/10/2005 MISSION UNIFORM SERVICE Accounts Payable Check 11/10/2005 NORTH COAST ENGINEERING INC. Accounts Payable Check 11/10/2005 OFFICE DEPOT INC. Accounts Payable Check 11/10/2005 OFFICEMAX CREDIT PLAN Accounts Payable Check 11/10/2005 TARA ORLICK Accounts Payable Check 11/10/2005 TERRY OTIS Accounts Payable Check 11/10/2005 OUTLET TOOL SUPPLY Accounts Payable Check 11/10/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 11/10/2005 PADRE ASSOCIATES, INC. Accounts Payable Check 11/10/2005 PAPER WORKS Accounts Payable Check 11/10/2005 MATTHEW PECEIMER Accounts Payable Check 11/10/2005 DEAN PERICIC Accounts Payable Check 11/10/2005 PERRY'S ELECTRIC MOTORS & CTRL Accounts Payable Check 11/10/2005 POOR RICHARD'S PRESS Accounts Payable Check 11/10/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 11/10/2005 PROJECTOR PEOPLE Accounts Payable Check 11/10/2005 PSC INDUSTRIAL OUTSCOURCING IN Accounts Payable Check 11/10/2005 GRACE L. PUCCI Accounts Payable Check Amount bn.0 / 538.53 213.33 62.57 600.00 17.15 275.00 15,378.29 33,780.63 2,775.41 1,909.86 341.80 6.80 286.96 120.00 131.01 1,610.81 107.25 60.11 6,096.25 1,163.49 46.75 25.39 2,125.09 116.21 27,872.34 8,083.66 188.13 200.00 353.00 1,689.34 72.72 69.69 730.00 1,770.00 135.00 City of Atascadero Disbursement Listing For the Month of November 2005 Check Check Number Date Vendor 102853 11/10/2005 QUILL CORPORATION 102854 11/10/2005 R & R PRODUCTS, INC. 102855 11/10/2005 R. BURKE CORPORATION 102856 11/10/2005 RED'S PLUMBING 102857 11/10/2005 SAN LUIS OBISPO CO LABORATORY 102858 11/10/2005 SAN LUIS OBISPO COUNTY SHERIFF 102859 11/10/2005 SAN LUIS PAPER 102860 11/10/2005 SAN LUIS POWERHOUSE 102861 11/10/2005 SANTA MARIA TIRE, INC. 102862 11/10/2005 SANTA MARIA TOOL, INC. 102863 11/10/2005 SBC 102864 11/10/2005 SBC/MCI 102865 11/10/2005 MICHELE SCHAMBER 102866 11/10/2005 LISET7E SCHOLL 102867 11/10/2005 SCOTT O'BRIEN FIRE & SAFETY CO 102868 11/10/2005 JOHN SIEMENS 102869 11/10/2005 SLO CO FIRE TRAINING OFFICERS 102870 11/10/2005 STAPLES CREDIT PLAN 102871 11/10/2005 KURT W. STONE 102872 11/10/2005 SUPERIOR QUALITY COPIERS, INC. 102873 11/10/2005 SYLVESTER'S SECURITY ALARMS 102874 11/10/2005 KRISTIN K. THAYER 102875 11/10/2005 TOM'S MECHANICAL & HYDRAULIC 102876 11/10/2005 TRAINING INNOVATIONS, INC. 102877 11/10/2005 UNION BANK OF CALIFORNIA, N.A. 102878 11/10/2005 UNITED RENTALS NORTHWEST, INC 102879 11/10/2005 UNITED STAFFING ASSOCIATES 102880 11/10/2005 UNITED STAFFING ASSOCIATES 102881 11/10/2005 UPS 102882 11/10/2005 VERIZON WIRELESS 102883 11/10/2005 TOM WAY r 102884 11/10/2005 NANCY E. WEBBER, PH.D. 102885 11/10/2005 LISA WILKINSON 102886 11/10/2005 WYSONG CONSTRUCTION 102887 11/10/2005 JEFFREY P. ZEHNER 59 Description Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check o- Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Amount 109.86 168.03 33,307.66 1,012.50 248.00 13,320.00 112.94 1,522.48 68.80 9,987.82 1,076.34 401.17 41.04 357.70 234.50 510.40 50.00 85.95 90.00 326.74 710.00 125.00 42.00 2,037.75 1,461.54 524.64 2,312.00 1,700.00 72.94 1,025.51 60.00 295.00 18.14 251,860.14 121.5 City of Atascadero Disbursement Listing For the Month of November 2005 Check Check umber Date Vendor Description Amount 102888 11/18/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00 102889 11/18/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 102890 11/18/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 560.29 102891 11/18/2005 AXA EQUITABLE Payroll Vendor Payment 371.15 102892 11/18/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 102893 11/18/2005 CITIPAC Payroll Vendor Payment 30.00 102894 11/18/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,913.62 102895 11/18/2005 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,087.53 102896 11/18/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,395.38 102897 11/18/2005 ICMA RETIREMENT TRUST - 457 Payroll Vendor Payment 938.46 102898 11/18/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 102899 11/18/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 818.76 102900 11/18/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 102901 11/18/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 68;561.89 102902 11/18/2005 SEIU LOCAL 620 Payroll Vendor Payment 656.17 102903 11/18/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 387 11/21/2005 MID -STATE BANK Accounts Payable Check 45.00 388 11/21/2005 MID -STATE BANK Accounts Payable Check 24.00 389 11/21/2005 MID -STATE BANK Accounts Payable Check 30.00 390 11/21/2005 MID -STATE BANK Accounts Payable Check 30.00 391 11/21/2005 MID -STATE BANK Accounts Payable Check 20.80 392 11/22/2005 MID -STATE BANK Payroll Vendor Payment 38,585.30 102904 11/28/2005 SANTA MARGARITA CONST. CORP. Accounts Payable Check 22,680.00 102919 11/30/2005 VOID Accounts Payable Check 0.00 102920 11/30/2005 PAULA ANTON Accounts Payable Check 264.47 102921 11/30/2005 AT&T Accounts Payable Check 113.09 102922 11/30/2005 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00 102923 11/30/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 12.00 102924 11/30/2005 ATASCADERO TEMPLE ASSOCIATION Accounts Payable Check 555.00 102925 11/30/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 1,067.00 102926 11/30/2005 AMY M. BEEMAN Accounts Payable Check 134.40 102927 11/30/2005 JACK BRIDWELL Accounts Payable Check 2,425.00 102928 11/30/2005 VOID Accounts Payable Check 0.00 102929 11/30/2005 AARON BROWN Accounts Payable Check 180.00 Check Number 102930 102931 102932 102933 102934 102935 102936 102937 102938 Check Date 11/30/2005 11/30/2005 11/30/2005 11/30/2005 11/30/2005 11/30/2005 11/30/2005 11/30/2005 11/30/2005 City of Atascadero Disbursement Listine For the Month of November 2005 Vendor CASEY BRYSON CA DEPT OF FISH & GAME JALAINE CARRITHERS BRADY CHERRY CHEVRON CINGULAR WIRELESS CITY NATIONAL BANK JERRY L. CLAY CONOCOPHILLIPS 102939 11/30/2005 BRIAN DANA 102940 11/30/2005 PATRICIA DEIRMENJIAN 102941 11/30/2005 DEPT. OF FISH & GAME 102942 11/30/2005 EL CAMINO ASSOCIATES 102943 11/30/2005 EXXON MOBIL 102944 11/30/2005 KEITH J. FALERIOS 102945 11/30/2005 WARREN FRACE 102946 11/30/2005 THOMAS E. GANDY 102947 11/30/2005 GAS COMPANY 102948 11/30/2005 GENERATOR JOE 102949 11/30/2005 MEREDITH HENDRICKSON 102950 11/30/2005 APRIL R. HIGGINS 102951 11/30/2005 JAKE FANNING CONSTRUCTION 102952 11/30/2005 STEVEN KAHN 102953 11/30/2005 JAMES R. LEWIS 102954 11/30/2005 GEORGE W. LUNA 102955 11/30/2005 ROBERT MAXWELL 102956 - 11/30/2005 DAN MCGAULEY 102957 11/30/2005 STEVE MCHARRIS 102958 11/30/2005 WADE MCKINNEY 102959 11/30/2005 VOID 102960 11/30/2005 PAUL NETZ 102961 11/30/2005 NEW EDGE NETWORKS TRANSEDGE 102962 11/30/2005 THOMAS P. O'MALLEY 102963 11/30/2005 BECKY J. PACAS 102964 11/30/2005 PACIFIC GAS AND ELECTRIC 102965 11/30/2005 KATHLEEN A. PENCE 61 Description Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Amount 3.15 4,000.00 49.41 300.00 783.94 74.28 15,956.25 75.00 5,064.82 260.00 70.00 750.00 11,946.00 49.78 0.56 300.00 20.00 691.3j* 14,783.43 103.68 98.00 650.00 300.00 250.00 75.00 292.77 145.00 71.83 500.00 0.00 220.00 288.41 75.00 75.00 3,180.4 7,297.67 City of Atascadero Disbursement Listing 0 $ 1,331,072.14 62 For the Month of November 2005 Check AftCheck —h— INV_102966 Date Vendor Description Amount 11/30/2005 TOM PETERSON Accounts Payable Check 30.00 102967 11/30/2005 SCOTT E. PIPAN Accounts Payable Check 129.60 102968 11/30/2005 GRACE L. PUCCI Accounts Payable Check 202.50 102969 11/30/2005 RED'S PLUMBING Accounts Payable Check 225.00 102970 11/30/2005 RACHELLE RICKARD Accounts Payable Check 300.00 102971 11/30/2005 VOID Accounts Payable Check 0.00 102972 11/30/2005 SBC SMART YELLOW PAGES Accounts Payable Check 192.00 102973 11/30/2005 SBC/MCI Accounts Payable Check 464.16 102974 11/30/2005 WENDY SCALISE Accounts Payable Check 75.00 102975 11/30/2005 MICHELE SCHAMBER Accounts Payable Check 100.75 102976 11/30/2005 SHELL Accounts Payable Check 187.60 102977 11/30/2005 JASON SMITH Accounts Payable Check 10.00 102978 11/30/2005 SOUZA CONSTRUCTION INC. Accounts Payable Check 75,540.14 102979 11/30/2005 STATE WATER RES CONTROL BOARD Accounts Payable Check 206.66 102980 11/30/2005 STATE WATER RES CONTROL BOARD Accounts Payable Check 190.00 102981 11/30/2005 STATE WATER RES CONTROL BOARD Accounts Payable Check 95.00 102982 11/30/2005 SWRCB FEES Accounts Payable Check 6,235.00 102983 11/30/2005 SYLVESTER WINERY Accounts Payable Check 520.44 102984 11/30/2005 TEMPLETON HIGH SCHOOL CHOIR Accounts Payable Check 100.00 102985 11/30/2005 TESORO Accounts Payable Check 6,770.47 102986 11/30/2005 KRISTIN K. THAYER Accounts Payable Check 175.00 102987 11/30/2005 MARCIA TORGERSON Accounts Payable Check 70.00 102988 11/30/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 4,372.80 102989 11/30/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,146.50 102990 11/30/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 5,187.03 102991 11/30/2005 VERIZON WIRELESS Accounts Payable Check 263.41 102992 11/30/2005 MATT VIERRA Accounts Payable Check 530.00 102993 11/30/2005 WILLIAM P. WHITE Accounts Payable Check 70.00 102994 11/30/2005 SUSAN M. WILLIAMS Accounts Payable Check 14.26 0 $ 1,331,072.14 62 �J rI ITEM NUMBER: A-5 DATE: 02/28/06 Atascadero City Council Staff Report Administrative Services Department Assignment of Factory Outlet Agreement RECOMMENDATION: Council approve assignment of "Agreement by, and between, the City of Atascadero and EI Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994" from Levon Investments to Morro Road Homes, LLC and 197 Property Investments, LLC effective July 2, 2005. ' DISCUSSION: In August 1993, Council approved an agreement which called for City financial participation in the construction of public improvements necessary for the development of the Factory Outlet Center at the corner of Del Rio Road and EI Camino Real. The City's financial participation includes the annual payment of the lesser of three values: 1) 1/2 of the special assessment for public improvements; 2) 1/2 of the sales tax generated by the property; 3) $92,000. This agreement, dated July 1, 1994, has been in place and the City has been paying the County Tax Collector twice a year to contribute its share towards the public improvements special assessment tax for the Factory Outlet parcel (Parcel # 049-141-056) owned by Levon Investments. On July 2, 2005 Levon Investments sold the Factory Outlet property to Morro Road Homes, LLC and 197 Property Investments, LLC. On December 9, 2005, the new owners requested, (pursuant to Section 13 of the July 1, 1994 Agreement), approval of the assignment of the agreement from Levon Investments to Morro Road Homes, LLC and 197 Property Investment, LLC. Section 13B of the Agreement by and between the City of Atascadero and Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994 states: "Developer shall not assign or transfer all or .any portion of their rights, duties or obligations under this agreement to a third party, without the prior written approval of the City; provided however that the City shall not unreasonably withhold such approval, if such proposed successors have financial abilities and business experience sufficient, as determined in the sole discretion of the City Council, to carry out the provisions of this Agreement." ITEM NUMBER: A-5 DATE: 02/28/06 The request for assignment included a brief description of the qualifications of Mr. Thomas A. Murrell and Mr. Kelly Gearhart, principals of 197 Property Investments, LLC and Morro Road Homes, LLC respectively. Mr. Murrell is the owner and CEO of Cuesta Title. He also owns a shopping center, two hotels, and a storage facility, while Mr. Gearhart has several years of experience in developing both residential and commercial property. FISCAL IMPACT: No new fiscal impact, however, there is a continued budgeted impact of approximately $58,000 annually. ALTERNATIVES: Find that the new owners do not "have financial abilities and business experience sufficient ... to carry out the provisions of this Agreement," and deny the request for approval of the assignment. ATTACHMENTS: 1. Copy of letter requesting assignment of the Agreement between the City of Atascadero and Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994. 2. Agreement by and between the City of Atascadero and Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994. 65 • 1-1 • Atascadero Outlet Center 979 Osos St., Suite B-2 San Luis Obispo, Ca. 93406 December 9, 2005 Wade McKinney, City Manager City of Atascadero 6907 El Camino Real Atascadero, Ca. 93422 Re: Assignment of Agreement between The City of Atascadero and Camino Real Fashion Outlets Center, Ltd, dated July 1, 1994 Mr. McKinney: Pursuant to Section 13 of the above referenced Agreement (the Agreement) the undersigned hereby request the City's approval of Assignment of the Agreement from Levon Investments (Developer) to Morro Road Homes, LLC and 197 Property Investments, LLC. (Successors) The owner and manager of Morro Road Homes, LLC is Kelly Gearhart. Mr. Gearhart has . several years of experience developing and building residential and commercial real estate projects in San Luis Obispo County and is well known to the City of Atascadero. Mr. Gearhart has demonstrated significant financial ability in completing his many projects in a timely a responsible manner. The owner and manager of 197 Property Investments, LLC is Thomas A. Murrell. Mr. Murrell has several years experience in real estate investment and ownership. Currently Mr. Murrell is an owner of the Promenade Shopping Center in San Luis Obispo, SLO City Storage, a 500 unit self storage facility in San Luis Obispo, the Holiday Inn in Thousand Oaks, and the Holiday Inn Express in McKinleyville, California. In addition, Mr. Murrell is an owner, CEO, and Board Chairman of Cuesta Title Company, Inc. which has 8 offices in San Luis Obispo County including ane, office in Atascadero. If you require a more complete resume of the Successors we will be happy to provide you with that information. Please feel free to contact Thomas Murrell at (805) 545-7556 with any questions or comments. Thank you for your consideration. Yours truly, Thomas A. Murr 1 Kelly Gearhart 197 Property Inve ents, LLC Morro Road Homes, LLC :- J Redording Requested By and When -Recorded Return to:" 93041 4 CITY OF ATASCADERO 6500 PALMA AVENUE ATASCADERO, CALIFORNIA 93422 ATTN : LEE PRICE CITY CLERK ---------------------------------------------------------------- AGREEMENT by and between THE CITY OF ATASCADERO and CAMINO REAL FASHION OUTLETS CENTER, LTD. Note: Includes First Amendment By and Between the City and Camino Real Fashion Outlet Center, Ltd. dated 7/1/94 Doc N0; 1995-029102 Rec No: )0033420 Official Records ;NF 0.00 San Luis Obispo Co. Julie L. Rodewald Recorder ; Jul 11, 1995 Time: 10:12 251 ;TOTAL 0.00 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103, 27383 60659.5 67 73/6/93 SIGNATURE COPY • • • •i TABLE OF CONTENTS FOR THE CITY OF ATASCADERO and CAMINO REAL FASHION OUTLETS CENTER, LTD. PAGE 1. Recitals . . . . . . . . . . . . . . . . . . 1 2. Interest of Developer . . . . . . . . . . . . . . 4 3. Binding Effect . . . . . . . . . . . . . . . 4 4. Negation of Agency . . . . . . . . . . . . . . . . 4 5. Development of the Property . . . . . . . . . : . . 4 6. Acknowledgments, Agreements and Assurances . . . . . . 5 7. Project Generated City Sales Tax Revenues . . . . . . . 5 A. City's Contingent Obligation to Pay Portions of Assessments . . . . . . . . . . . . . . 5 B. December Installments . . . . . . . . . . . . 6 7 C. April Annual Installments D. Failure to Deposit by Developer. Termination . . . . . . . . . . . . . . . 8 E. Costs of Escrow . . . . . . . . . . . . . . . . . 8 F. Reconciliation . . . . . . . . . . . . ... • • • 8 8. Developer's Obligation to Construct . . . . . . . . . . 8 9. Modification, Amendment, or Cancellation . . . . . . . 8 10. Term of Agreement . . . . . . . . . . . . . . . . 9 11. Administration of Agreement and Resolution of Disputes . . . . . . . . . . . . . . . . 9 12< Excused Delays in Performance . . . . . . . . . . . . 9 13. Prohibition Against Change In Ownership, Management and Control of Developers . . . . . . . . . 9 A. Qualifications of Developer . . . . . . . . . . • 9 •816/93 60659.5 -1- SIGNATURE COPY •i B/6/93 60659.5 _ 11- SIGPIAI URE COPS( 7 • • B. Assignment, Prohibited without Approval . 10 C. Effect of Approved Assignment 10 D. Definition of "Developer" . . . . . . . . . . . 10 E. Permitted Assignment, without Approval 10 F. Exceptions . . . . . . . . . . . . . . . . . ... 10 G. Assignment. Termination . . . . . . . . . . . . . 10 14. - Notices . .. . . . . . . . . . . . . . . . . . . . . 10 15. Binding Effect . . . . . . . . . . . . . . . . 11 16. Section Headings . . . . . . . . . . . . . . . . . . 11 17. No Presumption Re: Drafter . . . . . . . . 11 18. Assistance of Counsel . . . . . . . . . . . . 11 19. Arbitration . . . . . . . . . . . . . . . . . . . 11 20. Validation. Operative Date . . . . . . . . . . . . . 13 21. Effective Date . . . . . . . . . . . . . . . .13 ExhibitA........................................................ 15 ExhibitB ................. . ........ ................--...... 16 ExhibitC ....................................................... 17 22. First Amendment. . . . . . . . . . . . . . . . . . . . . . . . 18 B/6/93 60659.5 _ 11- SIGPIAI URE COPS( 7 • • • 0 60659.5 This Agreement (hereafter "Agreement"), is made and entered into -by and between the City of Atascadero, a general law city ("City") and Camino .Real Fashion Outlets Center,. Ltd., a California limited partnership ("Developer"). In consideration of the mutual conditions and covenants contained herein, the Parties hereto agree as follows: W I T N E S S E T H: 1. Recitals. This Agreement is made and entered into with regard to the following facts each of which are acknowledged as true and correct by the Parties to this Agreement, and for the following purposes: A. Developer is the owner of the real property commonly known as the "Camino Real Fashion Outlet Site", which is located in the City of Atascadero, County of San Luis Obispo, State of California, and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and B. Developer desires and is willing to construct certain buildings and structures on the Property therein known as a "Factory Outlet Center" ('the "Project"), as hereafter described; and C.' The Planning Commission and City Council of City have approved the Project, as to General Plan and zoning approvals ("Approval") which Approval included compliance with the California Environmental Quality Act (Section 21000 et seq., of the Public Resources Code) and the State and Local guidelines relating thereto (collectively "CEQA"); and D. The City desires to obtain the binding agreement of the Developer for the development of the Project in accordance with the provisions of this Agreement. Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project in accordance with this Agreement; and E. The parties intend that the execution of this Agreement shall constitute an exercise of rights with respect to the Approval; and F. City has heretofore initiated and approved a special assessment district pursuant to the Municipal Improvement Act of 1913, Section 10,000 et seg., of the California Streets and Highways Code, known as "Assessment District No. 6" for the purpose of providing certain of the necessary off site public improvements required to serve the Project; and -1- S/6/93 SIGNATURE COPY 70 60659.5 71 G. In order for the Project to be economically feasible,•it is necessary to reduce all costs of development so as to render the•Project.economically competitive with similar existing and/or proposed uses in other areas within the County of San Luis Obispo; and H. The City Council of City has determined the public interest requires the assistance of the City to establish the Project on the Property, for, among others, the following reasons: (1) It is clear that without the City providing financial assistance, given the stagnant condition of the local economy, the Property will continue to be unimproved and a detriment to the City and its residents; and (2) It.has been determined that without such financial assistance, neither the Property, nor other adjacent properties, will be developed as is contemplated by the City's General Plan; and (3) That the financial assistance by the City authorized pursuant to this Agreement will result in the Developer completing the Project, within the time permitted by this Agreement, which will serve legitimate public purposes of the City', by energizing the City's economic base;,by promoting the municipal affairs of the City; by implementing the City's General Plan; by expanding the City's tax base, and by making available to residents of the City, goods and services which are now available only at distant locations; and (4) That the implementation of this Agreement will promote the economic development of the City by the creation of new jobs for residents, by causing the development of the Project on the Property, which will enhance existing uses of adjacent properties, and by encouraging the development and/or . redevelopment of adjacent undeveloped properties. Such development will effectuate.the full and efficient utilization and modernization of existing commercial and business facilities located in the City; and (5) The implementation of this Agreement will cause the growth of the City's overall commercial tax base through increased property values and consumer purchases; and -2- S/6/93 SIGNATURE COPY • • • 0 60659.5 (6) The development of the Project will assist in the reduction of the cost of welfare and other remedial governmental programs, including a reduction in, and/or prevention of, urban blights, such as crime, which is attributable, in part, to the existence of inadequate economic opportunities; and (7) The completion of the Project will contribute to the diversification and the stability of the City's overall economy; and (8) The implementation of this Agreement by the City paying, semi-annually, from its General Fund, a portion of the sales taxes generated by taxable transactions occurring on the real properties included in the Project, and actually received by the City, will, as hereafter described, assist in providing for the financing of the construction of public improvements which will serve the Property, and the residents of the City; and (9) This Agreement will provide tax revenues to replace tax revenues lost to the City this year, and in recent years, by the passage of State Budget Legislation, which lost tax revenues must be expeditiously replaced; and (10) The determination by the City Council of public benefits to be received by the execution and implementation of this Agreement, is based, in part, on the materials developed for, and included in, the Environmental Impact Report for the Project, prepared by SEDES, dated January 1992, and testimony and applicable staff studies and reports received and considered by the City Council of City in the hearings conducted by it on June 22, 1993, and the personal knowledge and observations of members of the City Council (collectively "Studies"); and (11) The City Council has determined that the City is in need of additional businesses which will produce additional tax revenues; that the retail businesses which would be successful on the Property and would generate an above average amount of sales tax revenues, are the type of uses which will be included in the Project; and (12) The Studies also demonstrate that the Project would not have an adverse effect upon existing retail outlets in the City; and -3- 8/6/93 SIGNATURE. COPY 72 60659.5 73 (13) It is anticipated that sales tax receipts from -the Project will annually generate between ONE HUNDRED THIRTY-TWO THOUSAND DOLLARS ($13.2,000.00) and TWO HUNDRED THOUSAND DOLLARS ($200,000.00) in future years, as well as other tax revenues which be generated by the Project; and I. Developer has applied to the City for approval of this mutually binding Agreement. The City Council of the City has. determined that the provisions of this Agreement are consis- tent with the City's adopted zoning regulations, plans and policies, and the City's General Plan; and J. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City Council has specifically considered and approved the impact and benefits of this Project upon the welfare of the City and the region; and K. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Property and generally serves the public interest within the City and the surrounding region; and L. The City Council has determined that the public interest, convenience and necessity require the execution and implementation of this Agreement. 2. Interest of Developer. The Developer represents to the City that as of the date of this Agreement, it owns the Property in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 3. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the lands comprising the Property and shall be binding upon and inure to the benefit of the City and its successors in interest. 4. Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners or employ- er/employee, or any other relationship, except as is expressly provided in this Agreement. 5. developed as incorporated expense. Development of the Property. The Property shall be is described on Exhibit B, attached hereto and herein by this reference, at Developer's sole -4- 8/6/93 SIGN A L RE -COPY • • • • 60659.5 6. Acknowledgments Agreements and Assurances. The Parties acknowledge and agree that: A. Developer's faithful performance in developing the Project on the Property, will fulfill substantial public needs; and B. That there is good and valuable consideration to the City resulting from Developer's obligations hereunder and the faithful performance thereof; and that such consideration received by City is in balance with the benefits conferred on the Developer by this Agreement; and C. That the exchanged consideration hereunder :is fair, just and reasonable; and D. That the parties, by execution of this Agreement shall be deemed to have each accepted allofthe conditions of the Approval imposed upon the Project by City, which conditions are reasonably required for the development of the Project. 7. Prosect Generated City Sales Tax Revenues. A. City's Contingent Obligation to Pay Portions of Assessments. Pursuant to the provisions of this Agreement, City shall during each fiscal year occurring during the term of this Agreement commencing on and after July 1, 1994, be obligated, in the time and manner set forth in.this Agreement, to pay, semi- annually, portions of the assessments imposed upon the Property pursuant to Assessment District No. 6 ("Assessments"). City's maximum obligation in any fiscal year during the term of this Agreement, determined on an annual basis, as hereinafter described, shall be the lesser of the following, as determined by the Director of Finance of City ( "Director") : (1) an amount equal to fifty percent (50%) of the sales tax dollars actually received by City, generated by taxable transactions which take place on the Property ("Sales Taxes"); or (2) an amount equal to one-half (1/2) of the total annual amount of the Assessments imposed on the Property; or (3) the sum of NINETY-TWO THOUSAND DOLLARS ($92,000.00). City shall not be obligated to pay any portion of the Assessments in any such fiscal year, unless Developer, or a lawfully approved successor in interest, prior to December 8th of each calendar year occurring during the term of this Agreement, files with the Director a written certification unqualifiably -5- 8/6/93 SiGNA WRE COPY 74 60659.5 75 representing and warranting that Developer currently is, and has been during the immediate preceding twelve (12.) months, the owner in fee of all Lots.included in the Property. In the event Developer, or a lawfully approved successor in interest, is not, in fact, the owner of each of the Lots included in the Property, during each such preceding twelve (12) month period, the City shall have no obligation to pay any portion of said Assessments for that fiscal year. If, voluntarily or involuntarily, Developer, or a lawfully approved successor in interest, is no longer the owner of all Lots included in the Property, this Agreement shall, as of the effective date of the transfer of title to all or anyone of the Lots included in the Property, be terminated, and of no further effect; provided that City shall be entitled to recover any sums paid hereunder together with interest thereon, at the then interest rate applicable to moneys due pursuant to Judgments. Additionally, City shall be entitled to all costs incurred in such recovery, including, but not limited to, attorneys' fees. City's right to recover such sums shall survive the termination of this Agreement. B. December Installments. On or before December 1st of each calendar year occurring during the term of this Agreement, commencing on , 19 the Director shall determine the gross amount of Sales Taxes actually received by the City during the twelve (12) month period ending on June 30, immediately preceding each such December ist ("Period"). The Director shall give notice to the Developer of the amount of Sales Taxes actually received by City during the Period. Annually, prior to December 1 of each calendar year occurring during the term hereof, the Developer shall file with thO Director a complete true copy of all County Tax Bills relating to each Lot included in the Property for the current fiscal year which shows the total sums due on each Lot included in the Property, as and for special and general ad valorem taxes and special assessments ("Tax Bills"). Upon receipt of such Tax Bills, the Director shall ascertain from said Tax Bills, and/or any other sources available to, the Director, the amount of the Assessments imposed upon all of the Lots included in the Property, owned by Developer during the fiscal year to which the Current Tax Bill relates. On or before December 8th of each calendar year occurring during the term of this Agreement, the Director shall pay.from City's General Fund, to a bank, selected by the Director for that purpose ("Bank"), in an escrow account, an amount equal to the one-half (1/2) of the amount determined by the Director to be the City's obligation pursuant to the provisions of this 'Section, 7, which shall in no event exceed the sum of FORTY-SIX THOUSAND DOLLARS ($46,000.00). 5. 91619 SIGNAITRE COPY • 60659.5 The Director shall give notice to Developer, telephonitally, with subsequent written confirmation, of the amount so deposited. Upon receipt of such telephonic notice given by the Director, of the amount paid to Bank by City, Deve- loper shall forthwith deposit with the Bank, in said escrow, a sum equal to the amount shown on the current Tax Bills required to.be paid for the total of the first installment due for all general and special property taxes, penalties, interest, and any other assessments or tax liens imposed of record (collectively "Property Taxes") upon each Lot included in the Property, then owned by the Developer, for the current fiscal year, less the amount of the City's deposit with the Bank. one such Pursuant to the terms of the following actions calendar year occurring (1) If the total sums deposited by City and Developer equal the full amount due for the installment of taxes and assessments due and payable on or before December 10th of each such fiscal year, on each Lot included in the Property, Bank shall, not later than 5:00 p.m. on the December 10th of such year, make payment of the same to the Tax Collector of the County of San Luis Obispo; or of this Agreement, Bank shall take on or before December 9th of each during the term of this Agreement: (2) If, for any reason, City fails to timely deposit all of the funds the Director has determined City is required to pay hereunder, Bank shall, forthwith, refund to the party making such deposits, all sums deposited in the escrow account and thereafter the Bank shall have no further obligation to make any payment for and on behalf of City and/or Developer; or (3) If Developer, for any reason fails to timely deposit with Bank a sum equal to all of the funds it is required to pay as and for the first installment of Property Taxes and Assessments due for the then current fiscal year, on all Lots included in the Property, less the amount paid to Bank by City, Bank shall forthwith refund to City and/or Developer all sums deposited by City or Developer and the Bank shall have no further obligation to make any payment for or on behalf of City or Developer. C. April Annual Installments. If the full payment of the first or December installment of Property Taxes and Assessments in any fiscal year, as contemplated by subparagraph B of this Section, 7, is timely made and evidence of such payment is transmitted to the Director, then on or before April 8th of -7- 8/6/93 SIGNATME COPY 76 60659.5 77 r the next following calendar year, the Director shall deposit, on behalf of •City, from City's General Fund, the same amount deposited with the -Bank in the preceding December.* The provisions of subparagraph B of this Section, 7, set forth above, shall be followed by the Parties and the Bank for the purpose causing the second annual installment of Property Taxes and Assessments to be paid on each Lot included in the Property. D. Failure to Deposit by Developer. Termination. In the event that the Developer fails to make the cash deposit with Bank as required pursuant to this Section, 7, so as to meet Developer's obligations for the payment of the first and/or second installments of general or special Property Taxes and Assessments due on the Property, in any fiscal year occurring during the term of this Agreement, the Director shall report such circumstance to the City Council. In such case, the City council,, in its sole discretion, may, forthwith, terminate this Agi*eement. E. Costs of Escrow. All costs of escrow and related services authorized to be performed by Bank as escrow holder pursuant to this Agreement, shall be borne equally by the Parties hereto. F. Reconciliation. Upon the request of either party hereto, at any time during the term of this Agreement or as of .the date of an earlier termination of this.Agreement, prior to . the expiration of the term hereof, and/or at the expiration of the term hereof, the Director and representatives of Developer shall meet and confer for the purpose of reconciling actual sums City is obligated to pay pursuant to the provisions hereof. 8. Developer's Obligation to Construct. The Developer shall be obligated, pursuant to the terms of this Agreement, to cor..struct the buildings and structures necessary to permit the Project to be operative, in the manner, and within the time therefor, as set forth in the Scope of Development/Schedule of Performance as attached hereto and incorporated herein by this reference marked Exhibit C. All costs of development in accordance with the Exhibit C, shall be exclusively borne by Developer. Failure by Developer to construct the buildings and structures in accordance with said Exhibit C, or to fail to build the same within the time permitted pursuant to said Exhibit C, shall be deemed a material breach of this Agreement, for which City may, forthwith, terminate this Agreement. 9. Modification Amendment or Cancellation. This Agreement may be modified, amended or terminated by mutual consent of the Parties or their successors in interest. 816/93 -8- SIGNATURE COPY 10. Term of Agreement. Unless sooner terminated pursuant to the provisions of this Agreement, this Agreement shall continue in full force and effect until December 31, 2013. 11. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable by the Developer to the City Council. The decision of the City Council on such matters appealed to it, shall be final and conclusive. 12. Excused Delays in Performance. Developer shall not be deemed to be in default of its obligations except for its obligations pursuant to Paragraph 7, to this Agreement where a delay(s) in the timeliness of performance by Developer, occurs, if Developer has acted diligently and the delay(s) in performance are due, exclusively, to events beyond the reasonable control of Developer ("Excused Delays"). Events which constitute Excused Delays, include, but are not limited to, war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; or failure by the City or other governmental agencies, not, in whole or in part, caused by Developer, to timely approve plans, or issue permits; or unusually severe weather which prohibits Development. "Excused Delays" shall not include delays occasioned by economic factors. • Notwithstanding anything to the contrary in this Agreement, an extension of time for Excused Delays shall be for the period of each Excused Delay and shall run from the time of commencement of,.the Excused Delay to the time when the Excused Delay no longer exists. If any such Excused Delay continues for a period of One Hundred and Eighty (180) or more consecutive calendar days, City shall have the right to terminate this Agreement. Notice of an Excused Delay including the cause or causes therefor, shall be promptly given by Developer to City. 0 60659.5 13. Prohibition Against Change In Ownership, Management and Control of Developers. A. Qualifications of Developer. The qualifications and identities of principal officers of Developer are of particular concern to the City as the same relate to the Project. It is because of their respective qualifications and id."ntities, that the City has entered into this Agreement with Developer. Therefore, no voluntary or involuntary successor in interest of Developer shall acquire any rights or benefits under this Agreement except as expressly set forth herein. 9/6/93 SIGNATURE COPY 60659.5 79 B. Assignment, Prohibited without Approval. Developer shall not assign or transfer all or any portion of th&ir rights, duties or .obligations under this Agreement to a third party, without the prior written approval of the City; provided however that the City shall not unreasonably withhold such approval, if such proposed successors have financial abilities and business experience sufficient, as determined in the sole discretion of the City Council, to carry _out the provisions of this Agreement. C. Effect of Approved Assignment. All of the terms, covenants and conditions of this Agreement shall be binding upon the City, the Developer and any lawfully approved successor in interest of Developer. D. Definition of "Developer". Whenever the term "Developer" is used herein, such term shall include any other lawfully approved successor in interest of Developer., E. Permitted Assignment, without ApUroval. Notwithstanding the provisions of this Section, 15, Developer shall be free to assign or transfer all or any of the Lots included in the Project Site, without the consent of approval of the City, to any legal entity in which the current general partners of Developer, have substantial financial interests and such general partners continue to be obligated as primary obligors as to.Developerfs obligations pursuant to this Agreement. F. Exceptions. The prohibitions against assignment or transfer shall not apply to any lease, dedication, grant of easement or license, financing, deeds of trust, or security interest encumbrance as to any Lot included in the Property. G. Assignment. Termination. The City Council may, in the event of an assignment made contrary to the pr,..)visions hereof, terminate this Agreement, forthwith. 14. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in written form and shall be served upon the party to whom addressed by personal service as required in judicial proceed- ings, or by deposit of the same in the custody of the United States Postal Service or its lawful successor in interest, postage prepaid, addressed to the Parties as follows: CITY: City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Attn: City Manager -.10- 8/6193 SIGNATURE COPY • 0 • DEVELOPER: Camino Real Fashion Outlets Center, Ltd. 7627 Morro Road Atascadero, California 93422 Attn: Richard Shannon Notices shall be deemed, for all.purposes, to. have been given on the date of personal service or three (3) consecutive calendar days following the deposit of the same in the United States mail. 15. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective su:^cessors in interest. 16. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. 17. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Due to the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applica- ble in interpreting or enforcing this Agreement. 18. Assistance of Counsel. Each party to this Agreement warrants to each other party, as follows: A. That each party hereto had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and B. That each party hereto has lawfully authorized the execution of this Agreement. 19. Arbitration. .Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall beresolvedby compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agree upon. The claim or dispute being arbitrated shall be resolved in .accordance with California law. The arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings in this 0 8/6/93 60659.5 -11- SIGNATURE COPY i1 60659.5 A State. Each party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. . The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (a) The party initiating the arbitration ("Initiating Party") shall prepare and submit to the other party a list ("List") containing the names of not to exceed three (3) retired Superior Court Judges each of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively by the Initiating Party. (b) The party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (1) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (2) strike one (1) name from the List. (c) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non initiating party. (d) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. Intheevent that none of the three retired judges named on a List, are willing or able tb serve as the Arbitrator; the Initiating Party shall prepare and submit a new List, containing the names of not to exceed three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each party hereto hereby agrees to pay one-half of the compensation to be paid to the Arbitrator, and except as 816/93 -12- SIGN ATME COPY • 60659.5 otherwise expressly provided herein, each party shall bear its own costs 'and expenses of arbitration, including, but not limited to, attorneys' fees and related costs. By way of illustration, if.the List served by the Initiating Party, upon the other party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2 and 3,. respectively; and number l is stricken, then B, Number 2, shall be deemed, for all purposes, to be the selected Arbitrator. 20. Validation. Operative Date. This Agreement shall be validated pursuant to Section 860 et seq., Code of Civil Procedure in the.State of California and other applicable law, by a judgment of a court of competent jurisdiction. 21. Effective Date. The effective date of this Agreement shall be the date that a judgment of a court of competent jurisdiction validating this Agreement becomes final. The Parties hereto have caused this Agreement to be executed as follows: CITY OF ATASCADERO By: I Y C lest: 'APPROVED AS TO FORM: 1 Ar her Mont ndon, City Attorney CITY OF ATASCADERO Attorneys for Developer -13- 816193 SiGNA"M COPY r� i.. State of CalifornIA . County off /"San Luis Obispo On AC /before me, Lee Price, City Clerk, personally appeared personally known to me 4er-Px-oved t ) to be the person7�R4 whose name (W is/a-.-e-.subscribed to the within instrument and acknowledged to me teat he/s ey executed the same in his/her/t� authorized capacity (Jt�Q), and that by his/her74t4i&dr signature0o on the instrument the personff, , or the entity upon behalf of which the persona) acted, executed the instrument. WITH y d- nd of icial seal. L . LEE E, CITY ERK .- LEE PRICE comm. i* 1054431 Z Notary Pubic — Cdtomia SAN UIS OBISPO COUMIY %,My Comm. D pirM APR L 1999 ` State of California County of San. Luis Obispo On 0 bef me, ee Price, City Clerk, personally appeared rpersonally known to me (offed to m^she be�sr-e to be the person`{) whose name(` is/are subscribed to thewithininstrument and acknowledged to me tktat he/shej-t4rey executed the same in hislher/tkeir authorized capacity(, and that by his/hQx-Athe-ir signatureo;D) on the instrument the person(,,. or the entity upon behalf of which the person`()) acted, executed the instrument. WITNE y a d offi ial.seal. LEE PRICE COMA. f 1064431 Notary OBWO COUNTY LEE PRICE, CITY CLERK 3JJ! Ulf My Comm. bow APR L 1999 State of California County of San Luis Obispo On LI- before me, personally appearpersonally known to me _14anee) to be t' a person () whose name (,$) is/a-re subscribed to the within instrument and a&knowledged to me that lre/she/t-hey executed the same in -h4-s/her/t4ie4-r- authorized capacity(LLs) , and that by .iLWher/them- signature (,,4) on the instrument the person o), or the entity upon behalf of which the person(d) acted, executed the instrument. WITNESS my hand and official seal. SHELLY HANSON NOTARY PUBLIC SAN LUIS OBISPO COUNTY 9 CAUFORMA Nty Commission Expires on dune 30, IM �j • • State of California County of San Luis Obispo On �£' /�� b f re C'��O✓�'�-•-� personally appeared personally known to me raFred to be the person' 4 whose name(1O is/are subscribed to the within instrument and acknowledged to me that he/sh-e h y executed the same in his/hent,— h? "—" authorized capacity(i)�, and that by his/her1th - Y signature'(�s.J on the instrument the person-j�jq , or the entity on behalf of which t e son (s;4 acted, executed t strument. . LEE PRICE WITy a an fficial seal. _. comm. #1054431 Z • Notary Public — CcAfaria t SAN LUIS OBISPO COUNry L my comm. Expk« APR 2.1499 -0 60659.5 CAMINO REAL FASHION OUTLETS CENTER, LTD. By: Golden West Development Corp., a, --corporation, General Partner By: By: State of California County of San Luis Obispo �COn a Ore e, r personally appeared '- personally known to me �e�: p -.9;--ed to be the person(' whose name is/az-e– subscribed to the within instrument and acknowledged to me that he/shcftlrey executed the same in his/h4w_1-tke1.-r authorized capacity(So6), and that by his/her1�— signature(b-P on the instrument the personPaO, or the entity upon behalf of which the person >4 acted, executed th nstrument. W1 TN S my an and fficial seal. LEE PRICE %,My CONWI. 1064A31 ZNotary IS bficOBI – Ca9 UNTYSAN LUIS OBlSPO COUNN Comm. Expires APR 2,1999 State of California Count/y�, o San Luis Obispo On `e � b re me personally appeared personally knownto me ( bas; .a of Ga €a�t,_Pv; dPe} to be the person (@) whose name W is/aE subscribed to the within instrument and acknowledged to me that he/sI-e�ey�}'" '�" executed the same in his/him authorized capacity(ie,40, and that by his/he-�'siginaturePliFI) on the instrument the personkq , or the entity upon behalf of which the person(s1 acted, executed the i ument. offi ial seal. LEE PRICE COMM. i 10SWI Z Notory Pubtic – CoAforr a *,MY n SAN LUIS OBISPO COUNTY 4 Comm. Expires APR 2,1999 -14- 8/6/93 SIGNATURE COPY • • • ITA PARCEL B That portion of Lots 9, 10, 11, 12, and 13 in Block 23 of Atascadero Colony in the City of Atascadero, County of San Luis Obipso, State of California, as shown on map recorded October 21, 1914.in Book 3AC, Page 26 of Maps as shown on Map recorded April 14, 1994 in Book 70 of Licensed Surveys at Page 81, filed in the office of the County Recorder of the County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at a 1" iron pipe with plastic cap stamped "CALIF. DOT" at the northwesterly most corner of said Lot 13 as shown on said Licensed Survey; Thence along the southerly right-of-way line of Del Rio Road North 6327107" East 71.49 feet to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said Licensed Survey; Thence along said right-of-way line as described in Offer of Dedication recorded April 14, 1994 under Recorder's Series Number 1994-023840 of Official Records, North 70°00'26" East 33.38' to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said Licensed Survey; Thence leaving said right-of-way line South 25°04131" East 140.76 feet to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said Licensed Survey; Thence North 64°55'29" East 112.04 feet to a 3/4" iron pipe with tag stamped "LS 5201" on the southwesterly right-of-way line of El Camino Real as shown on said Licensed Survey; Thence along said right-of-way line South 25004131" East 891.47 feet to a rebar and cap stamped "LS 5571" as shown on said Licensed Survey; Thence leaving said right-of-way line South 64055106" West 316.95 feet to 'a rebar and cap stamped "LS 5571" on the northeasterly right-of-way line of U. S. Highway 101 as shown on said Licensed Survey; Thence along said right-of-way line North 28002149 West 221.64 feet to a 3/4" iron pipe with cap stamped "LS 5201" as shown on said Licensed Survey; Thence North 22°49'31" West 271.12 feet to a 2" iron pipe with brass_ cap stamped "CAL D1V RWYS STA 133+00 120 RT" as shown on said Licensed Survey; Thence North 28010101" West 199.95 feet to a 1" iron pipe with plastic cap stamped "CALIF. DOT" as shown on said Licensed Survey; Thence North 11°46'52" West 177.13 feet to a 1" iron pipe with plastic cap stamped "CALIF. DOT" as shown on said Licensed Survey; L Thelice North 2016112" West 183.43 feet to the POINT OF BEGINNING. Contains 6.97 acres. Alan L. Volbrecht L.S. 5201 (exp. 6-30-99) �[.�.�Ycscc:+oto`enjG.. V p � v ALAN L. 4 : VOLBRECHT s • L.S 5?.01 e �f4lE04 CAUE���\P :. EXHIBIT "B" a. CAMINO REAL FASHION OUTLET MAP IS ON FILE WITH THE CITY CLERK, CITY OF ATASCADERO • � 0 0 Exhibit C Scope of Development The proposed improvements to be constructed consist of an approximate 89,000 square foot Factory Outlet Shopping Center, together with all on and off-site improvements required for the. operation of the center, and the efficient flow of traffic to and from the center. The center will be leased to approximately 27- 30 tenants with construction to be of wood frame, stucco and masonry in the mission style of Architecture, all to be constructed in accordance with the plans approved by the City pursuant to conditional use.permit 04-91 and the conditions of approval pertaining there to. Schedule Of Performance 1. Construction of Public Improvements to commence on or before November 15, 1993. 2. Construction of on-site improvements to begin on or before December 31, 1993. 3. Completion of construction to be on or before June 30, 1994. The above schedule may be extended in the event of circumstances arising that are beyond the control of the. • developer. RESOLUTION NO. 62-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AN AGREEMENT WITH CAMINO REAL FASHION OUTLET CENTER, LTD. The City Council of the City of Atascadero, California does resolve as follows: 1. The Mayor or, in the Mayor's absence, the Mayor Pro Tem is authorized and directed to execute, on behalf of the City of Atascadero, the attached First Amendment to an Agreement with Camino Real Fashion Outlet Center, Ltd., and other documents necessary to effectuate the terms and intent of this First Amendment. On motion -by Councilmember Carden, seconded by Councilmember Highland, the foregoing resolution is hereby adopted on the following. roll -call vote: AYES: Councilmembers Carden, Highland, Johnson and Mayor ProTem Highland NOES: ABSENT: None Mayor Bewley ADOPTED: June 28, 1994 AT'T'EST: LEE PRICE, City Clerk APPROVED AS TO FORM: CITY OF ATASCAOERO z2 Z-1 c By: , GEORGE P. HIGHLAND, Mayor ProTem 9 • K -7 • FIRST AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF ATASCADERO AND CAMINO REAL FASHION OUTLETS CENTER, LTD. The Agreement entered into on August -1 0, 1993, titled "Agreement by and between the City of Atascadero and Camino Real Fashion Outlets Center, Ltd.", is amended as follows: 1. Exhibit C, sentence #3 is amended to read as follows: 3. Completion of construction to be on or before September 30; 1994. 2. The rights and responsibilities under this Agreement are hereby transferred from Camino Real Fashion Outlets Center, Ltd., to Atascadero Factory Outlets, Inc. , under the terms of Paragraph 13 of the Agreement. The assignee shall assume all the duties under the terms of this Agreement as the "Developer". Dated:%/� CITY OF ATASCADERO CAMINO REAL FASHION OUTLETS, LTD. GEO GE P. HV5ALAND, Mayor ProTem By: Charles B. Voorhis, zz Title: President, Golden West Development Corp., ATTEST: General Partner ASSIGNEE: Atascadero Factory Outlets, Inc. LEE ORICE, .City Clerk By Ti e: 90 —1R— State of California County of San Luis Obispo On (I/ S7— b re me, , personally appeared d' , persona y known to .me ( e) to be the person whose name W is/a4:e- subscribed to the within instrument and acknowledg d to me that he/sheer - executed the same in authorized capacity(i-es}, and that by his/h 4h �l signature) on the instrument the person(-), or the entit b half o h erson6-5�, acted, executed the instrument. LEE PRICE W7 S h nd "o'icial seal. comm. #1054431 Z y Notary Public — Coflfomla SAN LUIS OBISPO COUNTY My Comm. Expires NPR 2.1999 State of California County of Aa,G ` personally appeared personally known to me (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their-signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) a n ed, executed the instrument. WITNESS my hand and official seal State of California County of Spn Luis Obispo OhVMARY L IiAWKM COMMA. i 10S" &q" W11MMCO M1Y Ca m 200 APR 11. 19W On / % bef re me, Le rice, City Clerk, personally appeared personally known to me for-pr&ved t ) to be the person 9) whose name (.W is/ -ere subscribed to the within instrument and acknowledged to me that he/shal-th.Cy executed the same in his/he?-r authorized capacity(i,p40, and that by his/haa- �r signatureP-,j on the instrument the person (yQ , or the entity upon behalf of which the person bFj acted, executed the instrument. w1mv, d of ficial seal. LEE PRICE COMM. f 1054431 Z Notory PubAc - C01f0mi0 SMI LUIS OBlSPO COUNTY WMy Comm. Evkw APR 2.1999 t 91 0 • 1.0 I* • State of California County of San Luis Obispo On /� - 5` — i �' before mg, personally appeared personally known to me (0 �+� 1�=ct c .,f car; �F .n_t.. �_=_fir_) to be the person (A) whose name (A) is/a-re subscribed to the within V instrument and acknowledged to me that -bL-/she/they executed the same in hd-s/her/the-i-r- authorized capacity(.ires) , and that by h:t-s-/her/t!hs-±Y signature ( ) on the instrument the person( ) , or the entity upon behalf of which the person (X) acted, executed the ii{strument. WITNESS my hand and official seal. SHELLY HANSON NOTARY PUBLIC SANT LUIS OBISPO COUNTY _ CALIFORNIA - MY Commission Expires on June 30, IM END OF DOCUMENT 92 ` . RESOLUTION' N0. 89-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF _ ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN. AGREEMENT WITH CAMINO REAL FASHION OUTLETS CENTER, LTD. FOR PUBLIC IMPROVEMENT FINANCING The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Camino Real fashion Outlets Center, Ltd. for public improvement financing. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 10th day of August, 1993. ATTESZ : CITY OF ATASCADERO sy: LEE RABO!N, ty Clerk /P7ART1 KUDLAC, Mayor 93 m *I 0 � • • • Atascadero City Council ITEM NUMBER: DATE: Staff Report - Community Services Department Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation RECOMMENDATION: A-6 02/28/06 Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park. DISCUSSION: The City of Atascadero Community Services Department sent out a Request for Proposals (RFP) for a boat and watercraft rental and sales concession at Atascadero Lake Park. Lloyd Reeves, the city's current concessionaire, has established and operated the Atascadero Kayak and Sail concession at Atascadero Lake Park for several years, has submitted a proposal to the City for a new agreement covering a period of five years. Staff is recommending that the terms of the new agreement be accepted for all five years. Atascadero Kayak and Sail has been a reliable concessionaire and has provided the City with a steady source of income from the current concession arrangement. This year, Mr. Reeves requested to provide an additional service, a Hot Dog Stand. The current financial conditions of this lease agreement require the Concessionaire to pay the City $2500 per year plus 9% of gross sales in exchange for the concessions rights. He is proposing $3000 per year or 10% of gross rentals which ever is more but not both. Mr. Reeves has consistently made improvements and additions to the boat rental operation at Atascadero Lake and has been very cooperative in his dealings with City staff and the public. This public/ private partnership has provided a leisure service to the residents of Atascadero and in the opinion of staff should be continued. Staff recommends that the City Council authorize the City Manager to execute the agreement with Atascadero Kayak and Sail for a period of five years. 94 ITEM NUMBER: A-6 DATE: 02/28/06 FISCAL IMPACT: Approximately $3,000.00 in annual revenue. ALTERNATIVES: None proposed ATTACHMENTS: 1. New Agreement 95 • C7 �, A--- City of Atascadero ibis' Department of Community Services CAD AGREEMENT AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATION EQUIPMENT CONCESSION OPERATION AT ATASCADERO LAKE PARK This agreement is made upon the date of execution, as set forth below, by and between , a , hereinafter referred to a "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City".. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.0 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide services specified in "Description of Services" attached hereto as `Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above -referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 RENT AND GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the Contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received by the Contractor from the use of the equipment and premises described in. this contract. The annual flat fee and percentage will be paid according to the "Exhibit B" Gross earning shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee payment and the percentage of gross earnings received shall be the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, 6907 El Camino Real, Atascadero California (Attention: Brady Cherry Community Services Director). M City of Atascadero Payments received from the tenth (10th) of each month to the twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent (10%) penalty. Payments received after the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this agreement. 1.04 LOCATION: Premises of operation is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City. 1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1.07 CONDITIONS OF PRENUSES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgment that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with prior written approval by the Director of Community Services (or designee). Any plans for such construction, if applicable, shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 1.08 SIGNS: All signs, names or placards shall be approved by the Director of Community Services (or designee) prior to installation. All signs must meet all requirements and specifications as set forth by the City. Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 2 AGREEMENT 97 City of Atascadero 1.09 DAMAGE TO/DESTRUCTION OF PREMISES: Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building improvements in which the premises are situated cannot reasonably be expected to be, restored under existing law to substantially the same condition as existed prior to such damage or destruction with ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor within fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.0 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, at Contractor's sole discretion; as long as the performance of these extra -contractual services does not interfere with or presents a conflict with City's business. 2.02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director of Community Services (or designee). 2.03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2.05 EQUIPMENT: Contractor, at his own expense, shall completely equip the concession and keep all equipment in a good repair and in safe operating condition to the satisfaction of the Director of Community Services (or designee) throughout the term of this agreement. Daily inspections of the contractors equipment must be maintained and available for review upon request of the City of Atascadero. Contractor shall have the right to use the City owned floating dock area. In addition, the Contractor shall have the right to use a fenced cemented area directly in front of the floating dock area Request to use the Pavilion's rental equipment must be made to the Pavilion Coordinator in advance. Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 3 AGREEMENT 98 City of Atascadero 2.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2.07 SECURITY/COMMUNICATIONS: The Contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at Contractor's expense. 2.08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2.09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of and any of Contractor's employees or agents. 2.10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations by Contractor or by any one or more persons directly or indirectly employed by, or acting as an agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by hereinafter described. b. That the aforesaid hold -harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any -of such damages or claims for damages. 2.11 INSURANCE: Contractor shall not commence work under this contract until he/she has obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 4 AGREEMENT 99 I] City of Atascadero a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this agreement, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, the amounts of such insurance shall be as follows: Per Exhibit C 2.12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) The City —owned floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; The City releases the Contractor of responsibility for the kitchen area, the appliances or equipment at such times as the City rents or loans the kitchen to anyone other than the Contractor. b. To notify the City promptly of any damage to the subject premises situated resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. c. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from monthly payment payable by the Contractor. 2.13 UTILITIES: The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to the subject premises. There are customary and reasonable charges one would expect to pay for these services. The contractor agrees to pay their fair share of al utilities including water, gas heat, light and power supplied to subject premises based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of $200.00 per month. The charges will be billed to the Contractor monthly and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for the telephone service. Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 5 AGREEMENT 100 City of Atascadero The suspension or interruption in utility service to the leased premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.0 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this agreement. 4.0 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party, (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in this agreement; (5) End of the agreement to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non -breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on , unless extended as set forth in this section. The City, with the agreement of the Contractor, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 6 AGREEMENT 101 • City of Atascadero 4.04 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting there from, as may be necessary to restore the subject premises to good condition the last day of the lease term or within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1.07 of this agreement. 5.0 MISCELLANEOUS 5.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 5.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served ,and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 7 AGREEMENT 102 City of Atascadero PARTY ADDRESS CITY OF ATASCADERO 6907 El Camino Real Department of Atascadero, CA 93422 Community Services (805) 461-5000 CONTRACTOR ADDRESS 5.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5.10 'SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or -referred to in this agreement are null and void. 5.11 TIME: Time is expressly declared to be of the essence of this agreement. 5.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5.14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. 0 Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 8 AGREEMENT 103 is Executed on _ Attest: Marcia M. Torgerson City Clerk Approved as to form: TBA, City Attorney City of Atascadero 2005 at Atascadero, California. CITY OF ATASCADERO By: Wade McKinney City Manager By: CONTRACTOR Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 9 AGREEMENT 104 City of Atascadero EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide consultation and professional management services to City as follows: The Contractor shall utilize said premises for the following purposes: A. Premises shall be used for the purpose of renting paddle boats, appropriate watercraft, bicycles and other mutually agreed upon recreational equipment. B. Furnish and install at his/her own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director Community Services (or designee). D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business -like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. . F. All items to be sold shall be approved by the Department of Community Services. The City of Atascadero with the Pavilion Caterer preclude sale of food or beverage if Pavilion Caterer approves of concessionaire food and beverage sales may be permissible under these terms. Food and beverage sales by the concessionaire would be the same % o payment due to the City. Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 10 AGREEMENT 105 • City of Atascadero EXHIBIT B CONTRACTOR PAYMENT SCHEDULE Contractor will pay the City Annually: YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 2005 $2,500.00 9% 2006 2007 2008 2009 2010 Agreement for Services by Contractor Paddle Boat , Watercraft and Recreational Equipment Concession Operation at Atascadero Lake Park 11 AGREEMENT 106 - Exhibit C INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum Limits of Insurance Lessee shall maintain limits no less than: L General Liability: 2. Automobile Liability 3. Employer's Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 107 • • Exhibit C Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage. shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a.current A.M. Best's rating of no less than ANIL Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. W. Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: DATE: Transit Bus Purchase through the State' Department of General Services A-7 02/28/06 RECOMMENDATION: Council adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero. DISCUSSION: Each year the State of California Department of General Services solicits bids for a wide variety of equipment, materials and services. Other governmental agencies are provided with the results of these bids and allowed to purchase these goods through the State for a service fee of 1 % of the purchase price, to a maximum of $5,000. Considerable staff time is saved by eliminating the need to prepare specifications, advertise bids and evaluate results. Based upon previous purchases, the costs offered by the State are very competitive. Staff is proposing to purchase a 22 passenger transit bus to replace an existing high mileage vehicle. FISCAL IMPACT: Purchase is funded by Transportation Development Act (TDA) and Federal 5307 funds. The vehicle will also receive,a two-way radio, farebox, bike rack and custom painting. The total cost of the vehicle will remain within the $65,000 budgeted in the 2005-2006 cycle. ATTACHMENT: Draft Resolution 110 ITEM NUMBER A-7 DATE: 02/28/06 DRAFT RESOLUTION RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES ON BEHALF OF THE CITY OF ATASCADERO Be it resolved that the City Council of the City of Atascadero does hereby authorize the Procurement Division, Department of General Services of the State of California, to purchase vehicles for and on behalf of the City of Atascadero pursuant to Section 10324 of the California Public Contract Code, and that the City Manager, is hereby directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Atascadero. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO 1. 1 Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 11.1 Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-8 DATE: 02/28/06 Sewer Extension Reimbursement Agreements (Colima, Valentina and San Marcos) RECOMMENDATION: Council approve Sewer Extension Reimbursement Agreements for Colima, Valentina and San Marcos. DISCUSSION: • In conjunction with the development of their property, Mr. Gearhart extended public sewer service to Valentina and Colima Avenues, and Mr. & Mrs. Bart extended the public sewer on San Marcos Avenue. In doing so, sewer access was provided to other properties. Government Code allows application for reimbursement from future sewer connections to these extensions as indicated by the following: 7-5.002 Reimbursement when. The City may approve a reimbursement agreement with persons who have paid for public sewer extensions. Application for reimbursement must be submitted within six (6) months of acceptance of sewer extension. Said agreements shall provide for reimbursement of the excess cost borne by said persons, at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connection to the sewer extension. (Ord. 438 § 2 (part), 2004) FISCAL IMPACT: The City will collect a 2 Administrative. Charge. from all reimbursements. This charge will be deducted from the total amount refundod. ATTACHMENTS: Sewer Extension Reimbursement Agreements 112 PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND KELLY GEARHART FOR CONSTRUCTIONOFTHE COLIMA AVENUE SEWER EXTENSION THIS AGREEMENT is made this day of -2006, in San Luis Obispo.County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and KELLY GEARHART, hereinafter referred to as "Applicant" with reference to the following recitals. A. Applicant has developed certain property on COLIMA AVENUE; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along COLIMA AVENUE to serve the property. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer ,,extension are described as follows: Description Total Construction $83,065.00 Applicant Benefit* -15,102.72 $67,962.28 *049-163-082 049-164-007 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension. from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $66,603.03, which represents total project expenses less Applicant. Benefit and Administrative Fee. 113 _ _ _ NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. ` Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: at 4.1 Applicant providing City with an .engineer's certification ith the extensions are constructed in substantial conformance w plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with amounts ailed ended accounting, for satisfactory to the City of the am P the construction and installation of the public sewer extension. 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory cosof onstructing the public equal to ten percent (10%) of th service extension, or such agreement .satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 114 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursementfee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along COLIMA AVENUE notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: KELLY GEARHART 6205 ALCANTARA ATSCADERO, CA 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability - Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities, judgements, costs and expenses due to the City's negligence. 115 *I *I 10 IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: A�UkYE�ARHART Approved by the Council of the City of Atascadero on this day of 52006. City of Atascadero By: Tom O'Malley, Mayor 10 Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: _ Patrick L. Enright, City Attorney EXHIBIT A COLIMA AVENUE SEWER REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT AMOUNT 049-302-017 $7,551.36 JAMES AND JENNIFER EICKEMEYER 3605 COLIMA AVENUE ATASCADERO, CA 93422 049-302-014 $7,551.36 DONALD AND TAMMY JORDAN 3625 COLIMA AVENUE ATASCADERO, CA 93422 049-302-013 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO, CA 93422 049-302-012 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO, CA 93422 049-302-009 $7,551.36 MICHAEL RAMIREZ 3855 COLIMA AVENUE ATASCADERO, CA 93422 049-163-011 $7,551.36 MARTIN RICHARDSON 3800 COLIMA AVENUE ATASCADERO, CA 93422 049-163-012 $7,551.36 VIVIAN MC COY 3740 COLIMA AVENUE ATASCADERO, CA 39422 049-164-007 $7,551.36 BRIAN DUGAS* 3680 COLIMA AVENUE ATASCADERO, CA 93422 049-163-056 $7,551.36 .MICHAEL GARROTTO 3620 COLIMA AVENUE ATASCADERO, CA 93422 049-163-010 $7,551.36 COE 3780 COLIMA AVENUE ATASCADERO, CA 93422 049-163-082 $7,551.36 GEARHART 6205 ALCANTARA ATASCADERO, CA 93422 01 • x �?'.r , -•� ' `S V8 Ali" 1. .• i" ..} i Jol ii --.�. k R'� � t'ia,�� � i� � l "* � &' xy war i" .,�'^x�5„2� � °y` 'atr � �� P � �-•� 1 �L ^T2� '.�` .. moi. ,t 4 i a�+' �3b1Jx.,r � ., (\ �v 3� � ` Q • 3d r d(v�"}y(F�-r"�-`- _gp�1f Wx Alp • r � �w4•x� , a�� �, �mt.t x arc .. k ¢ G���? �edr _" �'�t'"' «.n � �A � '?� � y,�� � a�y . �"-,• r "�* 'r r r � Ica- � �� � � <,n � � ? „3'"��y, � ice. �`` fi �, �' s >es� /. � �^"a•;' t i" � ° h. '*,�„" � 3.,.Y�'r . ' `— 3 •,� 2 - � y,r„, t,., • ,_Y. •...= f ♦ ^!fes �..m, .q,, 9", '�, 'h .,{a �.-"*_ �. Q . _„P" ,.r '"°' � "orf• a- x '" � � "- 3" � ,r,.,,..,,,'" r � ,?r "g�.�.. d �•,` �� k x ��c � A � �s��j``' 7frl� S} � � � �y '� � � 9 � :�. :} '° W' � � O•� �i f°b N � 'gym JSi /..+0:�1{'r' ""' i�"��'x .� _ - N S N �T, i:-. 'S E'° �` `, r' a � �^�ml Bea . r.A - � >� � � ` ' -, s Q a N-� ""� � " �'• �' �x ,. �, "" 9: �'� . � ..�+ lY s 7.,�4 •i a�� y .. f' M1w,�_ _ �±, ,. b -49 QK s ! F 'L,u•�4 k s`'! ,;3YYd 4 �z VE �0` ��� K- ^:y � ,`mss, s`} � r�Q• —�• d �,«�.-�, a �,,;., w,g irT,,.-r Q ;��`— �� v £ � $ ?� xM � ,• "a g En.k� } ".+� .ai s�ii wJ-. �' ? �' 1t 0��+R, � PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND KELLY GEARHART FOR CONSTRUCTION OF THE VALENTINA AVENUE SEWER EXTENSION THIS AGREEMENT is made this day of , 2006, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and KELLY GEARHART,.hereinafter referred to as "Applicant" with reference to the following recitals. A. Applicant has developed certain property on VALENTINA AVENUE; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along VALENTINA AVENUE to serve the property. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Total Construction 22,500.00 Applicant Benefit 3.750.00 TOTAL $18,750.00 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. G. The City- will reimburse Applicant for part of `Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $19,132.65, which represents total project expenses less Applicant Benefit and Administrative Fee. 101 19 10 � 0 NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2% o) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, 120 ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Valentina Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: KELLY GEARHART 6205 ALCANTARA ATASCADERO, CA 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 121 0 � 7 10 I* � 0 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City, of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to. the implementation of the rights and privileges granted in this agreement, except for liabilities,judgements, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Dater KELLY GEARHART Approved by the Council of the City of Atascadero on this day of 52006.1 Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: Patrick Enright, City Attorney City of Atascadero By: Tom O'Malley, Mayor EXHIBIT A VALENTINA AVENUE SEWER EXTENSION REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT 028-172-014 $3750.00 MILLER 5705 VALENTINA ATASCADERO, CA 93422 028-172-015 $3750.00 BRINLEY 5755 VALENTINA ATASCADERO,CA 93422 028-181-025 $3750.00 FIELDS 5750 VALENTINA ATASCADERO, CA 93422 028-181-026 $3750.00 POULTER 5700 VALENTINA ATASCADERO, CA 93422 028-181-009 $3750.00 HALL 5670 VALENTINA ATASCADERO, CA 93422 0 � 4- YZ 41; Fi --ov v, k4 - 4- o"10, 14, "WZ; 'WI o n - A AS, co "�z % TS�3 L 47 cy) Aor- SA U� "N�, v UY" M, WW��" "X� Z 'ir All n 114 J - WA �'7 EjZi N 3 C)D CT" 71 "','43 :'v-1 gg 4 E�;tw"' f5 CO PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND CHARLES AND PATRICIA BART FOR- CONSTRUCTION OF THE SAN MARCOS AVENUE SEWER EXTENSION THIS AGREEMENT is made this day of , 2006, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and CHARLES AND PATRICIA BART, hereinafter referred to as "Applicant" with reference to the following recitals. A. Applicant has developed certain propert7on SAN MARCOS AVENUE; and C. D.. In order to develop The Property, Applicant opted to construct a public sewer extension along SAN MARCOS AVENUE to serve the property. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. Said public sewer extension is to be shown on amap attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Construction Applicant Benefit Total 30,564.00 -6.112.80 TOTAL $24,451.20 F. Applicant has agreed.to dedicate, or has dedicated the public sewer extension to. the City. G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $23,962.18, which represents total project expenses less Applicant Benefit and Administrative Fee. - 125 0 � • NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension_ ~ 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove - __ _ 126 defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of Cit If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Valentina Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: CHARLES & PATRCIA BART 8335 SAN MARCOS ATASCADERO, CA 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 127 • 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities, judgements, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: F CHARLES BART Date: A) PATRICIA BART Approved by the Council of the City of Atascadero on this day of 12006. City of Atascadero By: Tom O'Malley, Mayor Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: is Patrick Enright, City Attorney 128 129 0 EXHIBIT A SAN MARCOS AVENUE SEWER EXTENSION REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT 031-202-019 $6,112.80 Anthony Randazzo 8251 San Marcos Avenue Atascadero, CA 93422 031-202-018 $6,112.80 Patricia Stafford 4708 San Marcos Avenue Atascadero, CA 93422 031-211-009 $6,112.80 Brett & Christine Moser 8295 San Marcos Avenue Atascadero, CA 93422 031-202-008 $6,112.80 Fred Frank PO Box 996 San Luis Obispo, CA 93406 • C: 01 0 131 • ITEM NUMBER: A-9 DATE: 02/28/06 Atascadero City Council Staff Report Community Development Department EI Camino Court Mixed -Use: Two Multi -Family Residential Buildings and Two Mixed -Use Buildings Designed with Commercial Use on the Lower Floor and Residential Use on the Upper Floors (GPA 2005-00151 ZCH 2005-0104 / ZCH 2005-0105 / CUP 2005-0170 / TTM 2005-0076) (JRW Group, Inc.) RECOMMENDATIONS: Council: 1. Adopt on second reading, by -title only, Draft Ordinance A, approving Zone Text Change 2004-0081 establishing a PD -22 overlay district based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B, approving Zone Change 2004-0081 based on findings. DISCUSSION: The proposed project consists of a request to establish a horizontal mixed-use Planned Development on a 1.71 -acre site with a corresponding Vesting Tentative Tract Map. The development includes 40 attached multi -family residential units (as summarized below), common recreational amenities, and 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space. A 0.76 -acre portion of the site along EI Camino Real will retain the General Commercial (GC) General Plan Land Use Designation and the Commercial Retail (CR) Zoning District. The remaining 0.95 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone (PD -27), and a Vesting Tentative Condominium Subdivision Map. On February 14, 2006, the City Council conducted a public hearing to consider the above -stated action consistent with the approved General Plan Amendment 2005-0015. 132 ITEM NUMBER: A-9 DATE: 02/28/06 FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. However, a condition has been added that the project utilize Taussig study models to assess fiscal impacts on City services related to the residential portion of the site (CUP Condition 17, 18). ATTACHMENTS: Attachment 1: Draft Ordinance A Attachment 2: Draft Ordinance B 133 • • ATTACHMENT 1: Draft Ordinance A Approval of Proposed PD -27 Overlay Zone Code Text DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, AMMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0104 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #27 FOR USE IN THE CR (COMMERCIAL RETAIL) AND RMF - 16 (RESIDENTIAL MULTI -FAMILY -16) ZONING -DISTRICTS ON APN 029- 271-001 (47059 4711, 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CRIRMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, 134 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0104, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change Creating a PD -27 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 28, 2006 resolves to approve on second reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.671 Establishment of Planned Development Overlay Zone No. 27: (PD 27). Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9-1.102). - A Planned Development Overlay Zone No. 27 is established on parcels APN 029-271-001 with a combined gross acreage of 1.71 -acres. The maximum residential density within the planned development shall not exceed 40 residential units along with 8,664 square feet of commercial space. The development standards contained within the Master Plan of Development Document (CUP 2005-0170), as conditioned shall be applied to all future development within the project area, and as follows: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall be consistent with CUP 2005-0170. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan S of Development. 135 01 • • L-] • • e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: a) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. b) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. c) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -27 overlay zone: a. Residential Multi -Family (second floor only) b. Broadcast studios; c. Building materials and hardware (indoor only) d. Food and beverage retail sales; e. Furniture, home furnishings and equipment; f. General merchandise stores; g. Mail order and vending; h. Temporary or seasonal sales i. Financial services; j. Health care services; k. Offices; I. Small scale manufacturing; m. Temporary offices n. Personal services; o. Light repair services; p. Membership organizations; q. Horticultural specialties r. Schools --business and vocational s. Business support services, where all areas of use are located within a building; t. Farm equipment and supplies (indoor only); u. Funeral services; v. Schools w. Utility service center; x. Libraries and museums; y. Temporary events d) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone. e) All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development. k) All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero native Tree Ordinance. 136 SECTION 3. A summary of this ordinance, approved by the City Attorney, 'together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO, CA Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 137 0 � ATTACHMENT 2: Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDINANCE B ORDINANCE OF THE PLANNING COMMISSION OF THE CITY OF ATASCADER09 CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-01059 AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-271-001 FROM CR (COMMERCIAL RETAIL) TO CR/RMF- 16/PD-27 (COMMERCIAL RETAIL/RESIDENTIAL MULTI -FAMILY - 16/PLANNED DEVELOPMENT OVERLAY #27) (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (GeneralCommercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High Density Residential); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, 138 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0105, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of Atascadero Changing the existing site zoning to CR/RMW-16/PD-27. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 28, 2006, resolves to approve on second reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Map Amendment Diagram SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 139 s 10 19 � 0 On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney Tom O'Malley, Mayor 140 Exhibit A: Zone Map Amendment Diagram Residential Multi - Family -16 / PD -27 (0.92 Acres) ate.. .._..«e..,.._�. S Ft -n 4` Commercial Retail / PD -27 (0.79 Acres) �- PA'RIti1�1G TABLE i i -4j, ' j IT It; } CAMI © REAL tF SITE PLAN�. ,w.msMa w.smw.� _. Y4yilsw+MKn`vmw-Nca Existing Designation: -Commercial Retail Proposed Designation: - Commercial Retail /PD -27 Residential Multi -Family -16 / PD -27 141 101 10 � 0 142 • • ITEM NUMBER: DATE: Atascadero City Council Staff Report - Public Works Department Final Map 2005-0126 (TTM 2004-0048) 5310 Carrizo Road (Tract 2625) (Mac Biz Group, Inc.) RECOMMENDATIONS: A-10 02/28/06 Council: 1. Accept Final Tract Map 2005-0126 (Tract 2625); and, 2. Reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance; and, 3. Authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, 4. Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, 5. Authorize City Manager to sign Affordable Housing Agreement. DISCUSSION: Tentative Tract Map 2004-0048 / Tract 2625 was approved by the City Council on January 11, 2005. The map creates twelve (12) single-family lots on a RSF-X / PD17 (Residential Single -Family with Planned Development Overlay #17) lot. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the - offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0126 (Tract 2625) 144 hibit A ial Map 2005-0126 (Tract 2625) 10 Carrizo Road is Biz Group, Inca ITEM NUMBER: A-10 DATE: 02/28/06 I gg IFLig~ \� w it �or�o L:AW a\� i 74 _0Aa K11 1 Y 51 w an/A' #7taT :7 9I a'srrK [ Ya8 N I -W- I , II till i= _g$ M i•p]T:Y16A GGee:A Ilk t 000. a # 145 • • • • Atascadero City Council ITEM NUMBER: DATE: Staff Report Community Development Department Community Facilities District 2005-1 Citywide Boundary Map RECOMMENDATION: B-1 02/28/06 Council adopt Draft Resolution A authorizing the Future Annexation of Territory to Community Facilities District No. 2005-1 (Public Services). REPORT -IN -BRIEF: On January 24 2006 the Council adopted two resolutions, 1 to establish a procedure O ) rY p to authorize and provide for the future annexation of territory to CFD No. 2005-1, and 2) approving the future annexation boundary map which identifies the boundaries of territory Y that may be annexed into CFD No. 2005-1. The boundaries are consistent and equivalent to the boundaries of the City of Atascadero. In order to conclude the authorization for the annexation of certain territory in the future to CFD No. 2005-1, Council must hold a public hearing regarding the future annexation area, the proposed rate and method of apportionment of the special tax to be levied within the future annexation area. At the close of the Public Hearing, Council may adopt Draft Resolution A. History: In May 2005, the City Council established Community Facilities District No. 2005-1 to finance a portion of the cost associated with providing new services that are in addition to those currently provided as a result of new residential development within the City. The Government Code of the State of California, commencing with Section 53311, allows the formation of such districts to provide a financial mechanism to pay for such new services through the levy of a Special Tax against the properties that will receive the new services. 146 ITEM NUMBER: B-1 DATE: 02/28/06 The resolutions before Council are the final necessary steps to allow an expedited annexation process for future projects conditioned to join CFD No. 2005-1. Once this process is complete, projects conditioned to annex into the Community Facilities District will only require a petition from 100% of the property owners within the area to be annexed and one public hearing to count the votes and annex the project into the pre- established district. DISCUSSION: Background: The City of Atascadero has established a policy as part of the General Plan that recognizes that determining the best use of land based solely on revenues to the City is not good public policy. The City developed its General Plan using good public land use policy and did not base land use policies simply to generate additional sales tax. Policies of this type promote the development of quality housing projects but they come at a cost. That cost is that new residential development must pay for new services that are in addition to those currently provided. Part of the General Plan requires: "All residential projects of 100 or more dwelling units shall be required to prepare a fiscal impact report prior to any discretionary approvals. The fiscal impact report shall analyze all revenues, service costs and facilities costs associated with a project. The City shall require the establishment of facilities districts and/or maintenance districts to cover revenue shortfalls on a project." In August 2003, the fiscal impact reports for Dove Creek and Woodridge became available. At the same time the City purchased a program (Taussig Study) to determine the fiscal impact of projects. As the magnitude of the "loss" on each residential unit became known, Council began to condition other residential development projects as well. Finally, the Council mandated that all residential development coming before them (regardless of size) be annexed into the Community Facilities District. Analysis: Tonight before Council is one additional Resolution. After the close of the Public Hearing, the City Council may adopt the first Resolution (Draft Resolution A), which officially authorizes the annexation of territory in the future to CFD no. 2005-1. After the adoption of this resolution, developers whose projects are required to be annexed into CFD No. 2005-1 will require only one public meeting at which the Council will be asked to adopt a Resolution of Formation, hold a special election, and determine the results of the election, completing the annexation process. 147 • • • lie 10 [7 ITEM NUMBER: B-1 DATE: 02/28/06 Conclusion: The proposed adoption of the Resolution authorizes the annexation of territory in the future to CFD no. 2005-1 will provide an expedited process for projects conditioned to join the Community Facilities District. Once the potential annexation area has been established, a public hearing which includes a vote of all affected property owners will still be required to assess the properties and collect the additional taxes. ALTERNATIVES: Require each project requiring annexation into CFD No. 2005-1 to attend two City Council Meetings, one to declare intent to annex the project, and one to formalize the annexation. ATTACHMENTS: 1. Draft Resolution A - authorizing the Future Annexation of Territory to Community Facilities District No. 2005-1 (Pub1ic Services). MW DRAFT RESOLUTION A . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF ATASCADERO, CALIFORNIA (the "City Council"), has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to a community facilities district pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ("CFD No. 2005-1"); and, WHEREAS, it has now been determined to be within the best public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2005-1 and further to specify the amount of special taxes that would be levied in any territory subject to future annexation, as well as setting forth the terms and conditions for certification of any annexation in the future; and, WHEREAS, the territory proposed to be annexed in the future shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) (FUTURE ANNEXATION AREA) (the "Future Annexation Area"), and a map showing the territory in the Future Annexation Area has been submitted and previously approved and a copy of said map is and shall be kept on file with the transcript of these proceedings; and, WHEREAS, it has now been further determined that written protests have not been received representing a majority protest against the future annexation proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annexation Authority. This legislative body does hereby authorize the annexation of the Future Annexation Area in the future pursuant to the provisions and authorization of Section 53339.7 of the Government Code of the State of California. SECTION 3. Public Convenience and Necessity. This legislative body hereby determines that the public convenience and necessity requires a procedure to allow and authorize the Future Annexation Area to be annexed in the future to CFD No. 2005-1 in order to pay the costs and expenses for the required and authorized public services. 149 SECTION 4. Boundaries. A description of the boundaries and territory proposed to be annexed in the future is as follows: All that property and territory within the Future Annexation Area proposed to be annexed in the future to CFD No. 2005-1, as said property is shown on a map as previously approved by this legislative body, said map identified by the name of CFD No. 2005-1 and further designated as the Future Annexation Area, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 5. Name of District. The name of the District is CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1(PUBLIC SERVICES), and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES DISTRICT NO 2005-1(PUBLIC SERVICES) (FUTURE ANNEXATION AREA). SECTION 6. Services. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the Future Annexation Area and will not be replacing services already available. A general description of the services to be financed is as follows: POLICE AND FIRE SERVICES Police services and fire protection and suppression services (the "Services") of the City of Atascadero required to sustain the service delivery capability for emergency and non -emergency services to new growth areas of the. City of Atascadero, including but not limited to, related facilities, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. PARK SERVICE Park services of the City of Atascadero required for the operation and maintenance of public parks. The District is authorized to finance and direct administrative and incidental annual costs and expenses necessary to provide the maintenance and servicing for public services. No additional services will be necessary or provided in CFD No. 2005-1 and the services as described for CFD No. 2005-1 will serve the properties within CFD No. 2005-1. SECTION 7. Special Taxes. Itis the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the Future Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries of the Future Annexation Area from and after the annexation of such property to CFD 2 150 No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1. For particulars as to the rate and method of apportionment of the proposed special tax (the "RMA"), reference is made to the attached and incorporated Exhibit "A, ' which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Future Annexation Area to clearly estimate the maximum annual amount that said person will have to pay on said special tax. The special taxes, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, CFD No. 2005-1 may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 8. Annexation Effective Date. Annexation of property in the future shall be effective only with the unanimous approval of the owner or owners of each parcel or parcels at the time that any parcel is proposed for annexation. Upon receipt of the written consent, no further public hearings or additional election proceedings will be required. SECTION 9. Validity of Proceedings. It is hereby further determined by this legislative body that all annexation proceedings hereto were valid and in conformity with the requirements of I aw, and specifically the provisions of the "Mello -Roos Community Facilities Act of 1982". SECTION 10. Notice. Immediately upon the receipt of property owner consent and the certification of the annexation proceedings and approval of such annexation by the City Council, a notice of the annexation shall be recorded in the Office of the County Recorder as required by Section 53339.8 of the Government Code of the State of California. 7 3 151 10 10 � 0 PASSED AND ADOPTED by the City Council of the City of Atascadero, California, this 28"' day of February, 2006, upon. a motion by Council Member seconded by Council Member , by the following vote: AYES: NOES: ABSENT: ADOPTED: Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney LE CITY OF ATASCADERO Tom O'Malley, Mayor .19 152 EXHIBIT "A" CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES) RATE AND METHOD OF APPORTIONMENT 5 153 101 CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero ("CFD") shall be levied on all Assessor's Parcels in the CFD and collected each Fiscal Year commencing in Fiscal Year 2005-06 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead costs of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City. "Affordable Unit(s)" means dwelling units located on one or more Assessor's Parcels of Residential Property that are subject to deed restrictions, resale restrictions, and/or regulatory agreements recorded in favor of the City providing for affordable housing. Affordable Units will require annual application to the City for verification of their affordable housing status. The City will have the authority to approve and establish policies regarding Affordable Housing Dwelling Units and their status. Affordable dwelling units March 28, 2005 1 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) 154 shall be classified as Affordable Units by the CFD Administrator in the chronological order in which the building permits for such property are issued. "Annual Escalation Factor" means the greater of the increase in the five-year average of U.S. City Average -All UrbanConsumers Consumer Price Index (CPI) as determined by the Bureau of Labor Statistics or five percent (5%). "Approved Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Vt preceding the Fiscal Year in which the Special Tax is being levied. The term "Approved Property shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential or commercial development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the CFD Administrator. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of,the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2006. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero. "City" means the City of Atascadero. "Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD. "County" means the County of San Luis Obispo, California. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, or Public Property, for which a building permit was issued after July 1, 2004 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. f 8 C 2 o i March 28, 2005 r1' oAtascadero f Community Facilities District No. 2005-1 (Public Services) 155 • • "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number, for which a building permit has been issued or may potentially be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the CFD in any Fiscal Year on any Assessor's Parcel. "Multi -Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, apartment units, and secondary units as defined in Ordinance No. 454. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Residential Property or Multi -Family Property. "Park Services" means the estimated and reasonable costs for maintaining authorized parks within the City. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub -association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the CFD that is, at the time of the CFD formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Once an Assessor's Parcel has been designated as Public Property, 'it shall retain such status permanently, unless transferred in accordance with the transfer provisions provided in Section G below. "Public Safety Costs" means the estimated and reasonable costs of providing Public Safety services, including but not limited to (i) the costs of contracting for police and fire services, (ii) related facilities, equipment, vehicles, March 28, 2005 3 of 8 City of Atascadero Community Facilities District No. 2005.1 (Public Services) 156 ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff if the City directly provides police and fire protection services, and (iv) City overhead costs associated with providing such services within the CFD. The Special Tax provides only partial funding for Public Safety. "Residential Unit" means any residence in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. This includes Single -Family Residence and Multi -Family Residence. "Single -Family Residence " means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax. Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay for Public Safety Costs; (ii) pay for Park Services; (iii) pay reasonable Administrative Expenses; (vi) pay any amounts required to establish or replenish any reserve funds; and (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the, CFD that are not exempt from the Special Tax pursuant to law or as defined below.' "Tax -Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax -Exempt Property _includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property designated by the City or CFD Administrator as Tax -Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final document and/or maps available to the CFD Administrator. March 28, 2005 4 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services 157 91 • • • • B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as Developed Property, Approved Property, Non -Residential Property, or Undeveloped Property. Developed Property shall further be classified as Residential Units as specified in Table 1 and shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Services) Land Use Class Description Maximum Special Tax Per Unit 1 Residential Units $440 per Unit 2 Affordable Units $0 per Unit On each July 1 following the Base Year, the Maximum Special Tax Rates shall be increased in accordance with the Annual Escalation Factor. 2. Approved Property ", _ 'TABLE 2 Maximum special Tax for Approved Property Community ,Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Lot 3 Approved Property $231 per Lot On each July 1 following the Base Year, the Maximum Special Tax Rate shall be increased in accordance with the Annual Escalation Factor. March 28, 2005 5 of 8 City ofAtascadero Community Facilities District No. 2005-1 (Public Services) 158 3. Non-residential Property TABLE 3 Maximum Special Tax for Non -Residential Property Community Facilities District No. 2005-1 (Public Services) Land Use Class Description Maximum Special Tax Per Acre 4 Non -Residential Property $1,848 per Acre The minimum special tax Non -Residential Property shall be subject to is $50 per parcel. On each July 1 following the Base Year, the Maximum Special Tax Rate for Non -Residential Property shall be increased in accordance with the Annual Escalation Factor. 4. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. 5. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $410 per.. acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one -forth (1/4) of an Acre as described in Table March 28, 2005 159 6 of 8 City ofAtascadero Community Facilities District No. 2005-1 (Public Services) 01 0 � • • • TABLE 4 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Parcel/Acre 5 Undeveloped Property $100 per Parcel 1/4 Acre 6 Undeveloped Property $410 per Acre > 1/4 Acre On each July 1 following the Base Year, the Maximum Special Tax Rate, for Undeveloped Property, shall be increased in accordance with the Annual Escalation Factor D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Residential Units up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Approved Property up to 100% of the applicable Maximum Special Tax for Approved Property. Third, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Non -Residential Property up to 100% of the applicable Maximum Special Tax for Non -Residential Property. Lastly, if the preceding steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel -of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. March 28, 2005 7 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) 160 APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to be filed with the CFD Administrator during the Fiscal Year the error is believed to have occurred. The CFD Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the CFD Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. TERM OF SPECIAL TAX The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax. March 28, 2005 161 8 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) • • • ITEM NUMBER: B-2 DATE: 02/28/06 Atascadero City Council Staff Report— Public Works Department 2006 Community Development Block Grant Allocation RECOMMENDATION: Council forward the allocation recommendations for the 2006 Community Development Block Grant (CDBG).funds to the County Board of Supervisors as follows: v 110, Atascadero Redevelopment Agency — Pedestrian SafetyStreet Light Light 50,000 Project City of Atascadero — Pedestrian/ADA Improvements 84,525 Escuela del Rio 25,000 /+ N �5 Community Services Foundation — Youth Activity Scholarship Fund 8,235 Community Link — Bilingual Liaison 1,500 EI Camino Homeless Organization — Intake Worker 10,500 Loaves and Fishes — Groceries 7,500 Senior Volunteer Services — Caring Callers 1,000 City of Atascadero — Code Enforcement 50,000 City Program Administration Costs 27,209 Total 2006 CDBG Grant Funds Available $191,569 Previous Cvcle Reallocated Funds $73,900 162 ITEM NUMBER: B-2 DATE: 02/28/06 DISCUSSION: Background: Preparation of the 2006 CDBG Consolidated Plan began in the fall of 2005. Workshops were held throughout the County to solicit public comment on community needs. The County published a request for CDBG proposals. The City received 20 applications for CDBG funds totaling $437,502. The City has available an estimated $191,569, in 2006 CDBG funds and $73,900 in prior year reallocations for a total of $265,469. CDBG funds are available for community development activities, which meet at least one of the three national objectives: 1. A benefit to low and moderate -income persons; 2. Aid in the prevention or elimination of blight; 3. Address urgent needs that pose a serious and immediate threat to the health or welfare of the community. In order for a program to qualify under the low and moderate income objective, at least 51% of the persons benefiting from the project or program must earn no more than 80% of the area median. Additionally, at least 70% of the CDBG funds must be spent toward this objective. The following criteria should also be used to guide selection of CDBG programs: 1. The proposal is consistent with the national objectives and eligibility criteria of the HUD CDBG program; 2. The proposal is consistent with the Urban County Consolidated Plan; 3. The proposal is consistent with the General Plan and other City codes/ordinances. 4. The proposal will achieve multiple community development objectives; 5. The proposal can be implemented in a timely manner, without significant environmental, policy, procedural, legal, or fiscal obstacles to overcome; and 6. The project is not financially feasible without CDBG funding. 163 ;7 • • ITEM NUMBER: B-2 DATE: 02/28/06 0 Summary: The following is a summary by category of each application received: RECOMMENDED FOR FUNDING PUBLIC FACILITIES City of Atascadero — Pedestrian/ADA Improvements Funds Requested: $100,000 Recommended Funding: $84,525 This project provides for the construction of sidewalks and wheelchair ramps along EI Camino Real and in the downtown area. Atascadero Redevelopment Agency — Pedestrian Safety Streetlight Proiect Funds Requested: $50,000 Recommended Funding: $50,000 The proposed project is expected to increase pedestrian safety by providing pedestrian lighting in the downtown core area. Increased pedestrian safety is an important • component of the downtown revitalization effort. Escuela del Rio — Trainina Facilitv for Developmentally Disabled Adults Funds Requested: $50,000 Recommended Funding: $25,000 Funds are requested for the construction of a new building on property currently owned by Escuela del Rio. The construction of this building would replace an aging building originally constructed as a single family residence and later converted to training space. The current building has substandard plumbing and wiring and is not handicapped accessible. Additional funds for the construction are available through a California Health Facilities Loan and Escuela del Rio reserve funds PUBLIC SERVICES Community Link Funds Requested: $2,000 Recommended Funding: $1,500 The Community Link is requesting funds to provide bi-lingual liaison with the Hispanic population of the Atascadero School District with the goal to integrate Hispanic Liaison with the existing family resource center providing assessment, referral, and personal interaction with the Hispanic families. 164 ITEM NUMBER: B -2 DATE: 02/28/06 Community Services Foundation - Youth Activity Scholarship Fund Funds Requested: $10,000 Recommended Funding: $8,235 The Community Services Foundation has established a scholarship fund to assist families of low-income youth to participate in recreational and social activities. Because this program is limited to low-income youth, the benefit criteria will be met. EI Camino Homeless Organization — Intake Workers and Operating Expenses Funds Requested: $13,600 Recommended Funding: $10,500 ECHO operates a facility to provide meals for the homeless. They provide space for clients to meet with counselors, housing specialists, medical personnel and volunteers. Loaves and Fishes — Groceries for Needy Families Funds Requested: $7,500 Recommended Funding: $7,500 Loaves and fishes operate an emergency food pantry for very low and low-income residents. They are requesting funds to purchase groceries. Senior Volunteer Services — Caring Callers Funds Requested: $1,500 Recommended Funding: $1,000 Senior Volunteer Services is requesting funding to be used as operating funds to support their in-home visiting program, Caring Callers. CODE ENFORCEMENT City of Atascadero — Code Enforcement Funds Requested: $50,000 Recommended Fundinq: $50,000 This program would provide code enforcement services for low income, deteriorated and redevelopment areas where addressing the violations could be expected to arrest the decline of the area. 165 • 40 • ITEM NUMBER: B-2 DATE: 02/28/06 NOT RECOMMENDED FOR FUNDING THIS YEAR Atascadero Redevelopment Agency — Fagade Improvement Program Funds Requested: $60,000 Recommended Funding: Not recommended for funding this cycle The Fagade Improvement Rebate Program is intended to improve the appearance of commercial buildings located within the Community Redevelopment Project Area through the use of rebates for costs associated with improvements to building exteriors. Each participating property is eligible to receive a maximum rebate of up to ten thousand ($10,000) dollars, and the Agency will provide the services of an Architect to each applicant to assist in project development. Big Brothers/Big Sisters Mentoring Program Funds Requested: $7,800 Recommended Funding: Not recommended for funding this cycle This organization is requesting funding to be used for Empowerment Training for at -risk children and their guardians and for volunteer training for Big Brothers and Big Sisters. Community Counseling Center Funds Requested: $3,500 Recommended Funding: Not recommended for funding this cycle Funds are requested to provide short-term, low cost mental health therapy to county residents. Economic Opportunity Commission — Forty Wonderful Program Funds Requested: $2,200 Recommended Funding: Not recommended for funding this cycle E.O.C. is requesting funding from all agencies for the "Forty Wonderful Program" which is designed to improve access to medical services, early detection and intervention of chronic diseases and reduce mortality for low-income women age 40 and older. Economic Opportunity Commission — Senior Health Screening Funds Requested: $2,800 Recommended Fundinq: Not recommended for funding this cycle E.O.C. is also requesting funds from all agencies to support the Senior Health Screening program. Funds would cover testing and expenses. . Economic Opportunity Commission — Teen Parenting Program Funds Requested: $2,000 Recommended Funding: Not recommended for funding this cycle 166 ITEM NUMBER: B-2 DATE: 02/28/06 The Teen Parenting Program ensures that pregnant and parenting teens receive health and education support. 0 Harvest Baa — Collecting, storing and distributing food Funds Requested: $2,000 Recommended Funding: Not recommended for funding this cycle The Harvest Bag is a non-profit organization which provides food through a distribution center in Arroyo Grande. According to their application, food is distributed every Wednesday in Arroyo Grande and delivered to community centers throughout the County when requested. They are requesting operating funds. It should be noted that Harvest Bag does not collect the qualification data required by HUD and therefore may not be an eligible recipient. Homeless Housing Project — Motel Voucher Program Funds Requested: $24,000 Recommended Funding: Not recommended for funding this cycle The Homeless Housing Project is requesting funds to provide motel vouchers to the homeless population. Literacy Council — Atascadero Program Funds Requested: $3,000 Recommended Funding: Not recommended for funding this cycle This organization is requesting funds to recruit and prepare volunteers as tutors. Cuesta College Small Business Development Center Funds Requested: $5,000 Recommended Funding: Not recommended for funding this cycle Funds are requested to provide business consulting for existing and start-up businesses for low to middle income residents and business owners in San Luis Obispo County. PLANNING AND CAPACITY BUILDING Hotline of San Luis Obispo -County - Application to PUC for 2-1-1 Funds Requested: $1,000 Recommended Funding: Not recommended for funding this cycle Hotline is requesting funds to hire a consultant to submit an application to the PUC for a 2-1-1 telephone interchange designation for San Luis Obispo County. Hotline states that the implementation of the 2-1-1 system will provide many resources . such as Physical and Mental Health information, homeless services referrals and crisis referrals. It is anticipated that the 2-1-1 system will relieve the 911 system of many non -emergency calls. 167 ITEM NUMBER: B - 2 DATE: 02/28/06 • FISCAL IMPACT: Available funds are estimated at $191,569 for the 2006 cycle. In addition, prior year unspent funds in the amount of $73,900 are recommended for reallocation. ALTERNATIVES: Council may modify the grant recommendations indicated. However, awards must meet program requirements, providing a minimum of 70% of funding for benefit to low and moderate -income persons, and no more than 15% can be allocated to the public service category. • • I • • • ITEM NUMBER: C-1 DATE: 02/28/06 Atascadero City Council Staff Report - Community Development Department General Plan Policy Review Prime Multi -Family Residential Map Adoption RECOMMENDATION: Council refer the Prime Multi -Family policy back to staff and the Planning Commission for further review. DISCUSSION: The City Council has requested that General Plan Policy LOC 2.1.5. be agendized for review and adoption of an implementing map. Policy LOC 2.1.5. was included in the 2002 General Plan to protect larger multi -family lots from being used for single-family planned developments. The primary policy concern is the high market value of single- family residential units would result in many of the larger multi -family lots being used for single-family development. Single-family residential is more expensive and built at a lower density than attached multi -family developments. Allowing the largest multi -family sites to develop as single-family projects, has the likelihood to negatively affect the City's goal of providing additional workforce and affordable housing. The General Plan Policy identifies prime multi -family lots based on size, slope, street access, and neighborhood compatibility. General Plan Policy LOC 2.1.5. 5. Do not allow single-family planned developments on prime mufti -fatuity sites with all of the following characteristics a) site area greater than two acres b) slopes less than 10% c) arterial or collector street. frontage d) neighborhood is appropriate for multi-family;develvpment. 170 A draft map is attached as Attachment 1 that shows all of the lots that meet the criteria of Policy LOC 2.1.5. Staff is concerned that this map would only protect two vacant multi -family lots. All 'of the remaining lots are already developed or entitled with residential developments. It appears that there three potential drawbacks with the strict application of the policy to a map: 1. There are numerous multi -family lots between one and two acres that could be used for multi -family rather than single family development. 2. There are cases where a single owner controls numerous small lots that together could be considered a prime multi -family development. 3. There are cases where a single small lot may be located in the middle of larger prime lots. If the Council were to adopt the map, it would significantly weaken the City's position to encourage multi -family residential. For example, staff is currently working with a developer who has a 1.9 acre RMF -16 with frontage on EI Camino Real. The developer's first submittal was for a PD -7 type subdivision on this lot. Staff has requested that the project be redesigned as a multi -family development based on the Prime Multi -Family Policy, even though the lot is a tenth of an acre short of 2.0 acres. The developer has been willing to cooperate with the City, but could change his position if a map were adopted that clearly identified his lot as "not prime." Since the General Plan was adopted in 2002, the City of Atascadero has made . significant progress in developing policies to encourage and protect affordable housing. Policy LOC 2.1.5. was an important policy statement in 2002 of the City's desire to protect and encourage multi -family residential development. Today, that policy may need to be revisited and the City's position regarding the protection of multi -family residential sites may benefit from strengthening. Staff has included an additional map showing the number of lots that would be protected if Policy 2.1.5. was revised to protect lots of one acre and greater. In staff's opinion this issue would benefit from additional review and discussion and should be referred back to the Planning Commission for additional review. FISCAL IMPACT: Adoption of this map clarifies existing City policy and will have no significant fiscal impact on the City. ALTERNATIVES: 1. The Council may adopt the proposed map Prime Multi -Family Map. 171 • ATTACHMENT: 1. Draft Prime Multi -Family Residential Map (sites 2 acres and greater). 2. Map of Multi -Family Residential sites 1 acre and greater. I * � 0 172 Attachment 1: Draft Prime Multi -Family Map (GP Policy LOC 2.1.5) (Site 2 acres and greater) City of Alascadero Prime Multi -family Al M a " w •"' fit: j Sites identified on this map shall not be used for single-family residential development consistent with General Plan Policy 2.1.5. 0 � 173 kttachment 2: Multi -Family Site 1 acre and greater. Legmd _wx.iMoamar.R.wnnsi {te.mn�eq - 174 • • ITEM NUMBER: C-2 DATE: 02/28/06 Atascadero City Council Management Report - Community Development Department Signage Clean Up Strategy RECOMMENDATION: Council direct staff on how to proceed with enforcement of the City Sign Ordinance. DISCUSSION: Background Signs are regulated under the zoning ordinance in Chapter 5-15, which is referred to as the "Sign Ordinance". Generally speaking the Sign Ordinance limits the types, size and location of signs that are allowed in Atascadero. Some types of signs are prohibited such as "billboards" (off site signs) and others are allowed on a temporary basis such as "banner signs." The City has a number of interests in the regulation of signs that are listed in the Sign Ordinance: Purpose of the Sign Ordinance Section 9-15.001 • Maintain and improve the aesthetic environment and overall community appearance to foster the City's ability to attract sources of economic development and growth • Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs; • Implement quality sign design standards that are consistent with the City's General Plan, Zoning Ordinance and Appearance Review Guidelines • Enable fair and consistent enforcement of these sign regulations; • Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image; • Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Atascadero residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs 176 Unregulated signage leads to a proliferation of poor quality signage. Unregulated signage creates visual blight that negatively impacts business development and reflects poorly on the character of the entire community. In addition, unregulated signage can be distracting and confusing to drivers. The City of Atascadero along with the Atascadero Chamber of Commerce sponsored a Visitor / Tourist Assessment of Atascadero in September 2005 (see attached). The purpose of the assessment was to document a "no -holds -barred look at the community from a visitor's perspective." The assessment offered a full range of suggestions and critiques of how Atascadero presents itself to visitors. One of the strongest criticisms of the assessment was the proliferation of unregulated signs and banners which led the author to describe Atascadero as "garage sale town." Excerpts of Visitor / Tourist Assessment of Atascadero in September 2005 Suggestion #2 (page 7) Don't allow banners on the backs of buildings — or on any buildings for more than 14 days. Banners are fine to promote special festivals or events, as long as they are only up for one or two weeks prior to the event. But they should not be used as permanent signage - they look cheap, and make the town look cheap as well. Suggestion #27 (page 24) Consider a merchant driven signage, display, and sandwich board program. The . sandwich boards have veru little appeal and do little to attract customers. Does the Frankie's Deli board make you want to eat there? The sandwich boards in Shasta, CA are decorative, narrow, and are excellent teasers to draw visitors into local stores. Sandwich boards should only be allowed in front of the premise (on premise signage). Analysis City staff has toured the commercial districts to assess the significance of un -permitted signage. The good news is that the vast majority of business in town are in compliance with the sign ordinance. The bad news is that those businesses in violation tend to have numerous un -permitted signs. As the Tourist Assessment noted, a single business with un -permitted signs can detract from the appearance of an entire shopping center or much larger area. Wall signs and Monument Signs It appears that a vast majority of permanent wall signs and free standing monument sign are in compliance with the Sign Ordinance for size, quantity and location. In staff's opinion there does not appear to be a problem with these types of signs. 177 • • C7 Permitted wall sign: One per street frontage, 40 square feet maximum Permitted free standing monument sign: One per site, 10 foot height maximum, 60 square feet maximum, must have landscaping or decorative hardscape base 178 Banner Signs The single most prevalent violation of the Sign Ordinance is the long term use of multiple "temporary banners." Under the Sign Ordinance, banner signs are considered exempt from the City's permitting requirements as long as they are not up for more than 20 days and follow these rules: Sign Ordinance Section 9-15.003 (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). Each business may have one (1) banner sign per public street frontage, with an aggregate area of forty (40) square feet. Temporary signs may be in place for a maximum of twenty (20) days. Temporary signs may not be put up more then once every sixty (60) days. Many of, the banner signs observed by staff have remained in place for years and some are attached to the walls with permanent hardware. The prevalence of banners throughout town significantly detracts from the appearance of the commercial district. As the Tourist Assessment study notes, banners are fine on a temporary basis but most of these have become permanent fixtures of the community. RECOMMENDATION Staff is recommending that the City bring the banners into conformance with the Sign Ordinance through the following process. 1 0 1. Issue press release that banners that have been up over 20 -days need to be removed. 2. The City will send letters notifying violating business and property owners that the banners must be removed within 30 days. 3. At the end of the 30 day period property owners and businesses with violating banners will be turned over to Code Enforcement for citations. 179 • • • n u Banners signs Downtown 181 • • • weven Banners on the fence in the industrial A -Frame Signs (Portable Signs) Another growing violation of the Sign Ordinance is the number of "portable signs" which are usually, referred to as "A -frame signs" or "sandwich signs. Under the Sign Ordinance, portable signs are clearly prohibited: d) Prohibited Signs. (8) Portable signs not permanently affixed to the ground or a building, and that are not otherwise allowed in this chapter; Portable signs have continued to proliferate through out the community. In many cases multiple, competing portable signs can be found together. Besides creating visual clutter, these signs are usually located on the public sidewalks and may impede pedestrians, block handicapped access and create visual obstructions for drivers. The other side of the issue is that portable signs help provide identification for business with limited street frontage. Enforcement of a complete ban of portable signs maybe difficult to achieve and would apply to decorative portable signs in the Downtown. RECOMMENDATIONS AND ALTERNATIVES: There are two possible approaches that the Council may want to consider for portable signs. 0 1. Enforce the a complete ban of portable signs; or, 2. Direct staff to work with the Planning Commission and Chamber of Commerce to recommend a compromise to permit portable signs subject to location regulations and design standards. 183 01 Ah :m I� Atascadero, California • September, 2005 ...and some ideas to increase tourism spending. • • n September of 2005, a Tourism Assess- ment of Atascadero and the surrounding area was conducted and presented in a two-hour workshop. A "Tourism As- sessment" is a process in which the area is looked at from the eyes of a visitor. No prior research was facilitated, no commu- nity representatives were contacted except to set up the project, and the town and sur- rounding area was "secretly shopped. The assessment is a no holds -barred look at the community from a visitor's perspective. It includes marketing, signage, things to see and do (attractions mixt; critical mass, ease of getting around, customer service, avail- ability of visitor amenities (information, rest rooms, parking, etc.), general appeal, and the community's ability to attract overnight visitors, who spend three times that of day visitors. There are two primary elements to the as- sessment process: 1) A Marketing Effectiveness Assessment 2) On-site Assessment In the Marketing Effectiveness Assessment two people were asked to plan trips into the region both as a leisure and business traveler. They are not told in advance what communities are actually being assessed. They are to use whatever resources they would typically use in planning a trip: travel guides, brochures, the internet, calling visi- tor information centers, etc. The community has four opportunities to close the sale: • Personal contact (visitor information, trade shows, etc.) • Internet (websites) • Brochures and printed materials • Word of mouth (referrals, image) In this process we test all four methods by contacting area visitor information services and attractions, looking for activities via the internet, requesting and reviewing printed materials, and asking visitors and regional contacts about their opinions of the area. This last method also includes looking at orr line articles, AAA Tour Book reviews, etc. The findings determine how "visible" the community is during the research and whether or not the materials and/or per- :• sonal contacts were good enough to "close the sale," convincing the potential visitor to make either a day trip, stop, or an over- night stay.., The On-site Assessment process includes a look at enticement from freeways and high- ways (signs, billboards, things that would pull a visitor off the primary roadways), beautification, wayfinding (ease of getting around), visitor amenities (public restrooms, visitor information, parking), things to see and do, overall appeal of the community, business attractiveness (drawing power); signage (public and private), customer service, area attractions (things that might prompt a visitor to spend the night), retail mix (lodging, dining, shopping), critical mass (are these things concentrated in a pedestrian -oriented area$), availability of marketing materials and their effectiveness. The "Recommendations" made herein are referred to as "suggestions," as they were developed without consulting the local community. It will be up to the community to adopt some or all of the suggestions, tak- ing them from suggestions to recommenda- tions. For every shortcoming or challenge we note during the assessment process, we have provided a low-cost suggestion (when possible) on how the challenge, obstacle or negative element can be corrected. It's important to point out, that to increase the community's tourism industry, fulfilling one or two of the suggestions will have little im- pact, but implementing a number of them, if not all of them, can have a profoundly successful impact on the community's ability to tap into the tourism industry. Implementation of these suggestions must be a community effort - involving both pri- vately owned businesses as well as county and state agencies, where appropriate. A Destination Marketing Organization (DMO or CVB, Chamber, etc.) cannot be successful if the tourism effort is not a com- munity -wide effort. Tourism is largely a private -sector industry, after all, the benefit of tourism is to convince visitors to come, spend money, then go 187 home. That spending takes place, primar- ily, in local businesses. Product development is far more of a driv- ing factor in tourism than marketing. After all, you must be able to deliver on your marketing promises. Visitors are drawn to activities, not cities or counties. The Visitor/Tourism Assessment took place over a four day period - three days in the community, and one day spent assessing the marketing efforts, providing a low-cost overall assessment with ideas the commu- nity can discuss and hopefully implement. • The idea is to import more cash into your community than you export. When local residents earn money in the community and spend some of it outside the community, this is referred to as "leakage." Tourism is a way to fill that gap, importing cash into the community, without the necessity of having to provide extended so- cial and other services. Communities with successful tourism programs will see that the industry subsidizes the commu- nity, whereas. communities which don't have successful tourism programs find that they are subsi- dizing visitors - providing services which visitors use, but don't leave enough money behind to cover the cost of having them available. • • • • 1. Status quo If you do nothing to further the tourism industry, you will still have an element of tourism, just by the fact that some visitors will pull off local highways or freeways for services (gas, food, lodging), and by the fact that the number one reason for travel is to visit friends or family. If you have residents, you will have tourism. • 2. Getting people to stop Getting people to stop is always the first priority of successful tourism. Imagine how successful the businesses in the commu- nity would be if just 50% of the vehicles traveling through (there isare hundreds of thousands every year) pulled off the highway and spent just 30 minutes in your community. And if there's a strong pull, imag- ine the money spent if visitors stayed two hours in the commu- nity, which almost always trans- lates to additional spending. • 3. Becoming the destination You cannot be a successful tour- ism destination if you can't get people to stop. And to become the destination, you must have at- tractions (things to see and do) or amenities that will convince visi- tors to spend the night. Overnight visitors spend three times that of day visitors, and .nearly ten times that of visitors making a "pit stop." • Visitors will make it a point of stopping or staying in your com- munity if you have enough to of- fer to keep them busy four times longer than it took them to get there. In other words, if a person has to drive 15 minutes to visit you, do you have enough for them to do to keep them busy for an hour? (4 times 15 minutes). If a visitor drives an hour, do you have the activities and amenities to keep them busy for four hours? In a nutshell, if you hope to keep visitors overnight, you must make it worth the drive. The more you have to offer, the further visitors will come, and the longer they will stay. This is why rural communities MUST typi- cally market more than just the immediate downtown areas. You need to market neighboring com- munities, outdoor recreational opportunities, exploration, and discovery. Finally, you must also be different. Too many communities promote "outdoor recreation" as a primary draw. But if residents living in the markets you're hoping to at- tract can enjoy the same activities closer to home, then why should they go out of their way or the extra distance to visit you? Im • While it may not be the primary reason wby visitors come to your community, shopping and din- ing in a pedestrian setting is the number one activity - and where visitors spend the most amount of money - other than lodging. Do you have a pedestrian -ori- ented shopping district? If not, can you create one? Many rural communities have been highly successful with the development of a two or three block long pe- destrian "village" which would include visitor -oriented retail shops, dining, visitor information, restrooms, etc., all in an attractive, well -landscaped setting. The general rule of thumb is seven to nine retail stores (more on that in a minute), and three or more dining establishments which can include sit-down restaurants, espresso bars, cafes, dessert and ice cream shops, etc. "Visitor Retail" would include an- tique stores, galleries, collectibles, souvenir shops, T-shirt shops, outfitters, bike and jeep rentals, guided tour operations, activ- ity shops (kites, hiking, climbing gear, etc.), home accents, jewelry, old-fashioned. hardware stores, casinos, entertainment facilities such as movie theaters, pubs, etc. By grouping these businesses to- gether, you will create the "critical OR mass" in a pedestrian setting that will draw visitors and will make it worth their while to stop and shop. Have you ever noticed at major intersections you will see a Chev- ron, Union 76, Conoco, and Shell on each of the four corners? Or how about fast food franchises? McDonald's, Burger King, Jack In The Box, and Wendy's on each corner. You would think these places would avoid being next to the competition, but they know that visitors are drawn to the "crit- ical mass" where they have mul- tiple choices that are convenient. Where are your visitor -oriented shops? If they are spread out, they will be marginally success- ful when it comes to tapping into visitor spending. Put them all together, and you have what it takes to get visitors out of their cars (or busses and RV's) and into your stores. • • • • • • Every community MUST market more than just the community in order to be successful with their tourism efforts. Remember the Four -Times Rule and also remember that visitors don't stay within or care about boundaries - so market the anrac- tions you have around your com- munity that might keep people in the area long enough to translate to another meal, some shopping, or an overnight stay. The more you have to offer "col- lectively," the longer visitors will stay. And the longer they stay, the more they spend. • To become a destination com- munity where you're the place visitors spend the night or mul- tiple days, you must set yourself apart from everyone else. In order to make your community "worth the drive" and/or "worth a special trip," you must be better or different from other competing communities. Ashland, Oregon, previously a depressed timber town, adopted its Shakespeare Festival which runs nine months of the year and draws hundreds of thousands of visitors who spend an average of six nights in the community. It became "different" than other communities and the festival set it apart. Leavenworth, Washington, anoth- er dying timber town, adopted a Bavarian architectural theme and all of their events revolve around the Bavarian theme. The town is one of the primary tourist attrac- tions in Washington state, hosting more than two million visitors annually. They have something different to offer. Okanogan County, Washington (just south of the Canadian border in central Washington) is an out- door recreational paradise - but so are 37 of the 38 other coun- ties in Washington. So why go to the Okanogan? Because they are the best. They researched guide books, newspaper and magazine articles, and pulled quotes they could use in their advertising ef- forts They started using quotes along the line of "Pinch Yourself, you're in Okanogan Country with perhaps the best cross country skiing on the continent." This, and numerous other quotes, makes it "worth the extra drive" to visit Okanogan Country. They used third party endorsements to show that they are the "best." Just look at how powerful movie ratings are when it comes to box office receipts. "Two thumbs up" carries a lot of weight. 190 191 Suggestion #1 1* The signage for Atascadero states "Next 9 Exits," but gives no clue as to which exit a visitor should take to reach downtown. We took each of the nine exits, and it wasn't until we took the Traffic Avenue exit that we found it was the correct one for downtown. The other exits all place visitors either too far from down- town, or right onto El Camino Real among the strip malls. Always identify the primary exit that will get visitors to your core shop- ping district. From there visitors can be prompted to visit other areas of Atascadero through a wayfinding system. Suggestion ' #2 Don't allow banners on the backs of buildings — or on any buildings for more than 14 days. Banners are fine to promote special festivals or events, as long as they are only up for one to two weeks prior to the event. But they should not be used as permanent signage — they look cheap, and make the town look cheap as well. Note We noticed the "Colony of Atas- cadero" sign on the highway head- ing south into town. It was a little difficult to see at first, since it is down low, but it is a beautiful sign, and the logo is excellent. This sign sets the standard for Atascadero, and lets people know that Atascadero is a quality community. 01 • • Suggestion #3 Develop a wayfinding system. The dots are not connected. Only 5% of visitors will come into a visitor infor- mation center, if they can find that. A top priority for Atascadero should be the development of a wayfinding and signage system. It was very dif- ficult to find the community's attrac- tions, amenities, and activities. We found it very difficult to locate anything in the area. Signage was almost non-existent, and where there might be one directional sign for an attraction, it wasn't followed up with others to be able to connect the dots. A wayfinding plan would provide permanent signage to visitor attrac- tions, amenities, and services includ- ing downtown, visitor information services, the parks, the golf course, etc. in addition, the signage will help create a stronger sense of place and entice visitors into the core downtown area. Suggestion #4 Make Traffic Way the primary exit. After we took the fourth exit, we finally saw the "Atascadero - 3/4 mile" exit. The highway signs are confusing —first, they say "Atascade- ro - next 9 exits," then the fourth sign states that it is the Atascadero exit. This exit should be the primary exit to Atascadero's downtown, and should be signed for Atascadero downtown. Note At this intersection there is no signage telling visitors where down- town is. Right or left? 192 193 Suggestion #5 Have the used -car sales sign re- moved. Instead develop wayfinding signage. Is this signage even al- lowed? Suggestion #6 Replace the visitor information sign here. On Hwy 101 south, there is a visitor information sign to this exit. There isn't one heading northbound. This sign is so small it's almost impossible to read, and should be replaced with a larger one. In addition, from here we weren't able to find the visitor information services at all. We learned later that they are located in the Outlet Mall, but we didn't notice them while we were in the Outlet Mall either. It's important to follow through with signage all the way until the visitor reaches the destination. Suggestion #7 Remove the "Welcome to Atascade- ro" sign. Compare this sign with the "Colony of Atascadero sign shown above. While it's wonderful to have these community service organiza- tions in the area, their signs on the freeway are difficult to read, and don't provide a real gateway to the community. The zoo sign is very nice, but it is difficult to read because there is too much text. It should be redesigned and moved closer to the freeway. • • • Suggestion #8 It is nearly impossible to read the zoo sign from the freeway (see center left photo). The sign should be where the community welcome sign is and the text much larger (see bottom right photo). Change the text to fewer words and more powerful reasons to visit the zoo. Text on signage: The general rule is 1" tall letters for every 12' of viewing distance. In this case, the lettering should be at least 8" tall (at mini- mum). Passers by have four seconds to read signage. Never use more than eight words on any sign. Regarding auxiliary organizational signs, consider placing them down- town where a person can stop the car and can see when and where travelling members can attend meet- ings. Note First impressions are lasting impres- sions. Always put your commu- nity signage where it will present a good impression of the community. Consider becoming affiliated with the Keep America Beautiful network (www.kab.org), .above. 194 195 Suggestion #9 0 The only Atascadero attraction seems to be Heilmann Regional Park. This is the only attraction noted along the highway. Your wayfinding system should start at the top (or base) of each exit (center left photo). The park is the only attraction or amenity with directional signage. As you develop a wayfinding signage system, make sure it is decorative and fits the character of the community. Below are sample designs developed for North Adams, MA (bottom left); Oak Harbor, WA (bottom right); and Leavenworth, WA (below), a Bavarian themed town along the lines of Solvang. Real Men Don't Ask For Directions I � � x —� t r -I • TOURISM ASSESSMENT & SUGGESTIONS I What to do: Every community should develop and implement a -G ateway, VVayfin ding & Signage Plain t� -'Nayfinding (connecting thc Cous - dn-cctionai signs') • Gateways & entries (sense ofarnlval) • Attractions and amenitill"S. • Billboards and marketing displays Less than 5% of visitors stop at visitor information centers - IF they can find that' n— � b,,„ anon, 197 Suggestion #11 The park's entrance is confusing. Is it open to the public or is this a Dove Reservation area (a place re- served for bird watching and doves)? Or is it a reservation -only park area? Add maps of the park, information. Additionally, after following the golf course signs, we were very surprised to find that the golf course turned out to be a disc golf course (bottom right photo). Suggestion # 12 Redevelop the signage at the park to make it easier for visitors to figure out what's where. After looking through the woods we could see some green - apparently a "real" golf course. There weren't any signs for tthe regular golfcourse ata . ere are plenty of opportunities to use park signage to cross promote other attractions in Atascadero. Instead, the kiosks are used to warn visitors of yellow jackets, mountain lions, fire danger, etc. - a missed opportu- nity. • 0 Suggestion # 13 once we left the park, we decided to explore and turned right. Lo and behold, we accidently found the golf course, which is beautiful, but easily missed and poorly promoted. A visitor information kiosk should be placed at the golf course, once again, to cross -promote other area attractions, amenities and activities. The golf course could use much bet- ter signage, and should let people know whether or not it is open to public play. 10 199 Suggestion # 14 Consider calling the building some- thing else: "Central Coast Museum" or something that would attract visi- tors. The "Atascadero Administration Building" sounds just like the name: a government building. This sign should be removed since the building is closed, there is really nothing to see, and may be closed for quite some time. Suggestion # 1 S Promote the park, lake, boating, restrooms, etc. This is a great attrac- tion for both residents and visitors. The entrance sign to the zoo should be a monument sign, not just a bill- board. Consider promoting on the sign activities and teasers, replacing the "your central coast conservation center." The city sign (bottom) should read "Atascadero Lake & Zoo" instead of "Lake Park," which has little appeal. Noting that the city owns the park is not necessary. Always promote the experience, not the owner. The zoo and park should be mar- keted together as one attraction. The more you have to offer, collectively, the further people will come and the longer they will stay. • • The park and zoo are a terrific at- traction and well done and beauti- fully maintained. The front-line staff at the zoo did an excellent job cross selling to other area attractions, and do a terrific job engaging visitors. The banners (center far left) are well done and add character to the zoo. Partnerships The Paso Robles Wine Country brochure does a good job selling the experience, noting what's special about each winery, and what sets 777 each apart from the oth- ers. It also demonstrates the power of parnter- ships. You are a lot more a effective as one loud voice than a number of small individual voices. 200 '. irnsseoew ;wmamalwwmaaa+.wav .www�.loaarw 'samad.w..c Yhok wort aA a+b�d hwWlu wiL&Mul-0pnB — -� hivnaBa,Jtl57Fa..daw-mp }I n,nn nuimm OWp+h ulkyo:mWrto[atluwm kv�m Lnrh ipm FMtleSbtlrd°f l0 an3h Pa 9rtleK 1181 -vwe6wbs.l.J pPS`IIfiW OwmY flo%tknl M1w I... 'Psm�-0nw. iaq hrbkr G9lIIA.'B6Y817b61 ^IMIbbQ6i119:lbdlOW170eaL5 Pmertl l0o�e. bodCMafkPeAmd.+AA6roC r.YwiaiePhmRBnGm _ ---' : 8 Pm9aheE4•mvWk 66.t12i1N+®0.Rh4h9 :. 6m�6atEQOS11Nwiroam wxri11611MMMmn ( � -� •• 'XMDIOTi9LLNtlEYalOS FysmNbmtl°tlLLd fi® t.AVBlIUPE"WMFA1' 'rYlYB hmi'Badew. 'Wbkd MobyPNel0.YnelWtleke srtiR lrndy.avhe7 ../I�LPC 41 Bkpiw 4Wo'MI tlwawlhf+w �189Exdbe -. wwlxd as11a6E.Mrts tlw me h9J®ort- .wAaWn�;wnrypdHaW MueM1:.aPe"-kap"k '9�emuol IW10rt111ed wmbi po6Y.'rtt 1 1oA '.•, r��iRO`. '. IFr YnclYtle feaol PelwtltlimNa pe"� ���,�: Mtlm�xa:wUcubureaW auomtirb�urtpxWR. a�'PN T.Muwh bbtmi i.bml appir d .prtmvrc-0oaAYY�vw79ANenmmoa'krbe. :- _: ib Yae�ol bxPOYm.,w ee 6q:W::T ourenne 'gmrn;Tazoldtril[%{prtillam,N.N�.ihet AR'� axemHmn4skd ppsa"bjip'u0.'IYtfeoNh:af .'Web:s6Wx5VFm-fiofd�`Pw-a%A�'m�Dk=9 M6. i ; - .9epiry.am wuydeY bifi+uioermt'.Dt66rva 1Ln BC527Bd220:Lr.90b B7&7�fek'8�716&72 -•• •••,• tbad Pm Kohler G Y+SIG mi227"1688 hmi. aenoertabwnbm�rta. amww�weaneswn y�,�6vm W�wtrablbndhwn small individual voices. 200 Note Atascadero can promote itself as a hub to the Central Coast experi- ence by creating partnerships and promoting Santa Margarita (left), Templeton (center left), Cambria (bottom left), and Paso Robles (bot- tom right photos). Paso Robles has a terrific downtown core area that is obviously evolving into a destination gathering area, something Atascade- ro needs to develop. • 201 • • • Note In visiting the towns within 30 miles of Atascadero, we noted that few had the "critical mass" of at least 10 dining and treats -oriented businesses and 10 destination retail shops (galleries, gifts, collectibles, home accents, etc.). Morrow Bay, San Luis Obispo, and Cambria were good examples of critical mass. The num- ber one activity of visitors around the world is shopping and dining in a pedestrian setting. It only takes a two lineal block area to achieve the critical mass necessary for additional visitor spending. Paso Robles is evolving to a destina- tion area, but is still lacking enough retail, although it is currently an excellent "dining district." Even the Factory Outlet mall (bot- tom photos) does not have the critical mass to make it a true visitor destination. Typically, outlet malls require at least 30 retailers to make them a true destination shopping attraction. We counted only 12 retail- ers at the mall. What to do: Create "open market" events or that type of atmosphere: - Flea markets - Farmers markets - Arts & crafts fairs - Include education & entertainment 202 Suggestion # 17: Add interpretive displays, information about the Administration Building (above and top). The building's tragic damage from the earth- quake is a story in itself. Telling the story of when it was built, what it has housed over the years, and the experience of going through the earthquake would make the building become an attraction even when not able to go inside. The beautification efforts in the median (right) are excellent. Nothing sells as well as beautifi- cation. a • Note A fabulous building. A great art museum, performing arts venue? Could be the anchor to the Sunken Gardens park. While the Sunken Gardens will be a terrific project for the city, the real draw revolves around activities: creating gathering areas for arts and crafts fairs, farmers markets, enter- tainment, etc. Consider adding an amphitheater and other attraction - oriented venues in the park so it's much more than just open space. Atascadero Redevelopment Agency. is • • • Suggestion # 18 The Carlton should consider adding rope lights around the building to call attention from Highway 101. It is easily missed from the highway and the sign, while historically accurate, doesn't have much pulling appeal so the building itself needs to be the draw. Rope lights around the archi- tectural details. will turn the building into a real show stopper at night. Suggestion # 19 Add potted flowers at every post surrounding the Carlton. Pull people in. Nothing sells like curb appeal Notice the shops (far left) and the same shops (left) after adding pots. Which shops would pull you in? The Carlton is beautiful but needs the added touch of pots at each post, between the tables. 204 Suggestion #21 Consider changing the name of "Traffic Way." Would you want to shop there? Even go there? It sounds like a place or street to avoid, particularly since visitors want pedestrian -friendly gathering areas. Suggestion #22 Replace these banners with something decorative, something colorful. Use art, not text. Never use more than four words on a banner and make them fit the character of the community. Develop a set for downtown (once you have a name), and a different set to promote Atascadero. In Appleton, Wis- consin (bottom right), they use "It's Showtime" to promote their performing arts center. Banners need to be decorative, colorful and artistic. 205 Nam Suggestion #20 Give the downtown core area a name: something other than "down- town." Perhaps "Colony Row," or "Colony Place." Provide actual gateways to the district. The sample, (left) is for the Beaumont, Texas en- tertainment district, Crockett Street. Destination downtowns: • San Diego: Gaslamp District • Santa Monica: 3rd Street Promenade • Santa Cruz: The Boardwalk • Seattle: Pioneer Square • Nelson, BC: Baker Street • Portland, OR Pearl District • New Orleans: Bourbon Street, The French Quarter • Sacramento: Old Towne • Austin, TX: 6th Street Giving downtowns a name, com- bined with actual gated entries, creates the "mall mentality" among businesses where they become partners as opposed to competitors - along the lines of antique malls. This way you are creating a true destina- tion area for locals and visitors alike. Create a sense of arrival that makes • • Suggestion #23 Many of the businesses near the Carlton have done a good job ,of adding beautification, decora- tive signage, and the extension of window displays to exterior spaces. Others, however, can use some as- sistance in educating them about the importance of overall curb ap- peal. You can create a cooperative program for the purchase of hanging baskets, benches, trash receptacles, and pots. Hanging baskets and potted flow- ers and greenery would add tre- mendously to downtown's appeal. Merchants WILL see a return on the investment. • Suggestion #24 Remove newspaper stands, Christ- mas lights, add curb appeal, differ- ent displays, signage, (above and below). Consider developing a Main Street program for the core area of down- town, one block wrapping around the Carlton. 206 207 Suggestion #25 Many of the downtown merchants can use some assistance in devel- oping better curb appeal, window displays, signage, etc. Signs like the one shown to the left, leave visitors feeling that the com- munity is not a safe place to be. Is most of the shopping in Atascadero unsafe? Signs like this should be removed. Suggestion #26 As downtown develops, get rid of two-hour parking limits. In a pe- destrian -friendly shopping district, visitors will spend an average of four hours, usually including a meal. Around the country, because mer- chants cannot get their employees to park in designated areas, 2 hour parking limits are imposed by cities. In essence, this sends the message that since we can't get our employ- ees to park elsewhere, we're going to punish our customers by forcing them to leave before they are done spending money. IF you must have two-hour parking, then note places people can park for longer periods. There was no signage for RV parking areas, public parking lots, etc. • • • • Suggestion #27 Consider a merchant -driven signage, display, and sandwich board pro- gram. The sandwich boards (top and center left) have very little appeal and do little to attract customers. Does the Frankie's Deli board (left) make you want to eat there? The sandwich boards in Shasta, CA (top right) are decorative, narrow, and are excellent teasers to draw visitors into local stores. Sandwich boards should only be allowed in front of the premise (on premise signage). Your visitor information should be working 365 days a year, 24/7. Consider developing a gazebo kiosk in Sunken Gardens Park, along the lines of the one shown here, located in Beatty, NA'. Make sure kiosks include brochure distribution and ,'must see attractions" in the area. Note There are a number of locations available for cross -selling activities, attractions, and visitor amenities. Visitor Information Kiosks should be placed at: - the zoo - Golf Course Each park - Two locations downtown - Chamber office M 40 1 • • • • /� 1y W"� � ( _QO$1e iallo Na cauymasrjPy��v Web Rm slss.-io d.easa0.reo aoatmsz �nt�� tles2auam) 8—hu —two. tart—t__ &alma., vavel and adeneinmmn dsedary far the sedim of coast b.eweec San Sham art the Pismo Beach oma. Also i lades wOw, ph a ps6alY. _. wwa.rniralaoac4omr -41k Sop it, 2W5 4ac ra5r - Sm'nlar eaa>c Central Coast Tourist Home Page adormriorret .lana on the c.nbat c•aet a Caufomm _. map d sas11•rda mrasiea wdn Wr*W rest suet marirtg in? we nays womratm.. on •chows.... wwwwdnlasrgounat.c4mv -4� . liaD 12 2005 - (:x eel - $ilrn<ar aMea. r trai Cast Turism Council •Serving Cts Ce.^.4a1 Cnastd V�wlidr. imd erd visiloda Bdde b CynemlaY Cemral Ceaet. Aacannroddiore brd ompydm . WW., hr maps mrdoMa d everts- ww,..adralaaaata.Aaisne.aam+ .,u.. Sen Luie 06ieoo GgunN Calffomin Tray CJide O CMMN V B C Sen Lob Obispo County VC8 dfea Ca Wlme C.O.M. ra 1 -A travel gods to Sar. t.es Obbco Leanly hdds ad msteamds, Sen LL" Obispo Coady _. www.aewuieabinp000urtFY.oary - 081 r•ntralCast Links Ga"forniac ntral Coast 9uslnaas A bwirves erre eommonNy dmJM J gdde tar Uro Cared Coast of Cgffbmie including San en Ws Obispo ,d Sante a riabare Cantil. MrNnesaeinKa. MMI - lbtr - sec 1c, 2005 -Cached • Sunil. oav>z Spanswudt.ink Spmstsad i.W.e TM Gef �P nn Eapenenee the CNifcmis excel Wth as week" paGlte9e- - kffarmad.rum "N le Rued TOO E" Sate Glu, the elaysic beech tour. Free ba ha gdde www.aanL C." Cart RV Calgomu Caravel Curt RV renis lncated A Saha Rabae Casdy c9.ft.-S.n W. sada uem.rsen two caeca. CA Chro HoW Rahe Cbmtws CtIW h0i MM. f— WO travel sites st Celroszl vnwJ.calibar.com CelHemie Cartrol Caesl OuelKad odes wm {25 s p.Hea Mm-. d lien, naw 8 usetl. Ameian.a 11,,oks Suggestion #28 Become the "base camp" for the Central Coast experience, until you have the critical mass to become THE destination. Suggestion #29 Make sure you sell experiences and not places. Visitors are interested in activities more than geography. Sell the experience, not the place. • Visitors enjoy experiences much more than cities or buildings. • Sell activities, learning experiences, fun. • Sell them on WHY they should visit your community, then WHY they should visit your business. Avoid: • Marketing counties • Marketing cities Visitors don't care about the name of the county or city (unless it's world renowned like Paris or New York. They are interested in the activi- ties they will experience once they arrive. Do you go to Anaheim or Disneyland? Avoid these words: • Explore • Discover • outdoor recreation • We have it all • Naturally fun • The four season A Cdibrnfe's Carvel Cent treed endYrob I� SaaO N3ffi t_�sI" 6]�L bevel mapn, Mdn end dher yield Ml Goo8le' ,„,«°n..aaa.aa -- -. ��--� destination w.,.�drataa.�..mkw�n.an,n.4�k •Something for everyone Califoma Central Coact Ma*eting TM OWft rale C.nael Cort dfas a 1n 1 Ti TherM,laWiroClub baa«dW ea«.raw�Ys •Historic downtown Even when devel ""�' Wn" ° "n�a"«".,d°'dz E Pr� w hwple • Center of it all BetlfOrd ltromo9on Wnery lCeltt Obis Gntral Coast Wine County I.ra rw dmtU. nKk Morasl oping websites, `_Podrxddr«w,,.eY,k�..tP.K.maa...�a.�..ee.�ae.e., w,r.«.ary �^^• •Gateway make sure theW M;.,:.am«dlMa a � .�.� bid W S.1 V B focus is on ac- S I Ohi N Gallo b T 1 G OS iZn_ty -- U« �.iwayyaraanaemP—Ranee «M.w w ^• oak a awPa,a�wa ••_ Fra Pro Kle. Pimis w,rw clrb These words are so over- aMhmAw°r d .can Stt , °rA C _eel 5 �a tivities, not city - VAne I n(Im-Wino G0 nbyVacea t tr2I COOSt OfCeatamle._ 6.p.� I ° TatvNd.a used in tourism marketing names and places. can Iwo Cbbro Cmrllr grew. wl _1e dl .wwb { b.erp 1« daY Mlaoera Gros abPP°0. DYivr.e DMael that they no longer carry will visitors find mree SIMI.r g G W L•G't IG =t WL WV erne 7ous_ Egaw.a�wla4P Nap ova any meaning for a visitor. Atascadero if you T. Ernbaebe rm H«w e1 Nmo Ery CNlbm plea r oawary vsc Won. teas -� w a pw M,M gad.n«naa w N�°•°. GIM taut (ah . JeA AVnm CMA search for "Califor h^me1 oe reyotrubakbMv nehrttl Crlomyn Wf r_:34^. &pedr er.clien. GILL. Woe Wr bfxb wvw rl Gror Pero nia coast winer-$Fmm _. CatSomts'c G"Cceat Wets C.U. aMWrdiwc WMomb -+ FROM C FO T CaNfRAL.0 T VANE WU Y. CENTibLL COASTING. M les"? -$j 12vdws b lm Ar¢as xelnewa2ro ILMI VY n ae r«w1w« .., y_An.OnMnp �. ` G 1reiC tW CI _' Tea am cnv.r aa.r vAa. om.A a s«nrM.M lar rr..ea.T IwaMpn svrwv. _. W�M�awp�nvat anyWrwer - 26 Atascadero, E I d California September,2005 210 ylwx saownanm, .a�at ace ,mos to oc a,rmpwa,tanmme ukmar of tram• Beptwaoar Zoos SUN T wTh F S t 2 e 7 e s td tt 1213 to t5 18 t7 1810 20 2122 2124 25 28 27 28 29 38 V Full Galante, .a�AR.a �a Pcstaard 211 M.t Bay, Califomia We Cate: Help the vietit of Hurricane Katrina N's undoubtedly the beat Ilma to salt the f:a "Coast of Gllfamlal -1; the pre., roc« arM the fun glinang tliamm�e rxeei pn the open wean -as the buuNlW ,omni <eKt of e.utam�e 5°P"ect t1 .:i fall'1'C(C a "s I� �la.,q.raat� aTr d'Nntsidh+y> W�n�runplat ,a,wtat.a�aaa. ren6. FayawnP ,,.k wa�dat ruee w�eant Note The internet is where it's happening. A few numbers to get us started: There are 320 million websites (today. a A new website is coming online every 3.5 seconds. • There are 140 million website users in the U.S. alone. • Website visitors will wait 8 seconds for a page to load. 70% of website users never go past the first page of search results. 82% of website users never go past the second page of search • ,.alalSNmat� wwa,r�.w..�. Cruc. •unm a1w akro arerM1da xgta cryo nine nem of the (continued) 10uSuggestion All too often, communities are too focused on promoting geographic boundaries, cities, counties, or are 4 far too generic in the marketing ef- ,.reknrwfLa#e(GMm.ca.r,..e.a.»w a.enee..re.. eeMew SMe, wMa aeewaMa.reH r/eR. tweaewaaoww arae .aa�d.aw-••aw-.wa..a...a.•wa•ra.aM� 1 forts. Promoting "unique shops, gal- aa. awe mwa+e.seas eaataa—trr aiswasrur.ne "YLub 7.a�'4fi5a.>oomtlpj 'Ft aaavawwre mr. efaramr+as.-.wscaeaaurrrr.ewss-oaamr e..dmP.•ta.re.i.w wNe,wP..w rlr•..... mwrmaiama.. ^� �•� leries and restaurants" is something RRaR•R..+r. eaa. awrartaamwkn nieea.lra..r wurrws „+,L:mml'Gaaft 401191* r„ajim„atarMsttt,arate""ro.lLOdoang,b.t>.IK.tttlr EVERY community is the U.S. can K4911MW 9toppbtar Toursandmore AMAROMIL 4lytfst0�l0eJrd11d0a1RJiKDat�ld , boast having. Always promote things ftlaw.TaProasa.le.aa�°,,�,,,„ .; �°°aP°"'°°� that visitors will not find closer to mp7ea,orerm aad ,: Y„YlMa�ele�ra. home. Even private businesses that AN.�`ep YhaaV.- Use our Ilatims to make advance reservatiom at one of 's fabulous luxury resorts a a rharmiriq bed artdiat!'^1ek',betwam the - make worth a special trip. RRRRRR4 44 breeiefes[ Int. Or plan to stay at a hotel a motel where ( Laar; you taiflisF eels evwyftng You Aced Is within walking disonte. For the Irstda RNPR�a+fid ultimate in reisaatbn mauige yourself m one of the many w6aaf�lrata'sidwOl.�OprYQd 'Spa Packages' avaaable at Ana hails, resorts and spa i the regmn. whatever look ng fa in the way of you're Lmwda4k`R' avaek 11 a atammodatiorts yoo4a sure W find It the Central Coaat.!.;,,, } -. y'ilteirirlortcf6i�iwtg '. MW Yfsltor aurxta and WaAu C' Aa QCMhap:/fvnawarasotlemorg/ ... ..4• Laoole GT -W:' •. ” "^ aty) will e -Mete soof nCmmnthad " Aa youmake yaur Garel dans, be assured that a dell, x +rem - _ .._ �„ '- _ �SPuu�.il9.autat .faetlneefa4ral �iaeMlNny� w,a •'/ ..- array, of pd-. ...I, you m matter where When promoting experiences (we're in the Experience Economy), aN ad NIC ^. w p ATA SCA D E R C) i ao. consider the following: Would you ®a te: Aaaodemtia��dathehemtdd,e rural lifestyle. There are—yettirale. (oral rwr. g la,arleeiviaaodilP.eo_ rather visit Napa County or Napa J ^ the tank w rl stsetsas o t siee Park, and Valley? Napa Valley sounds like an ; "„ , ,;.` Click - the �,at�„a -«wb t an ea-perience - a destination. Would "historic °` • � Eye � mae5at.ent�fa.wa�p� mm�etm I ..same. mdaee IWaya, eurantnaa Mg fdoiiraat �' you be drawn to a down- aPwmn<.nw. town" or an "historic shopping dis- ®a°°�•^ b Naenr.T •., aam`Ktn`aaertaa`e�e°'�'' the damage m Oty�flea np fmru'Lte�Bp9 eM . nta°�^dst n ' trict," which sells the experience or a •,,ny�� Ea`",derni 0��`�ishmal �rhbr iiia. , II as htCMml Photos d RmconN drawlnab. activity (shopping), in a great setting a fXv Nacc City Mall Pret.mati,M (histone). Oki on the shk balow to see the Oowntawn Reykak? tlm. Pien visser. Suggestion #30 °°" t N"daaa`bnPa°°KIN Man A N.t-hkne Ara Preaaredi .1 P—ch. SMA—bw a e T The city needs to develop visitor the ank b� ",� aaa.e a a an m bona information on its site, or at least a Nxgn"° "°"� link to visitor info. _ ylwx saownanm, .a�at ace ,mos to oc a,rmpwa,tanmme ukmar of tram• Beptwaoar Zoos SUN T wTh F S t 2 e 7 e s td tt 1213 to t5 18 t7 1810 20 2122 2124 25 28 27 28 29 38 V Full Galante, .a�AR.a �a Pcstaard 211 M.t Bay, Califomia We Cate: Help the vietit of Hurricane Katrina N's undoubtedly the beat Ilma to salt the f:a "Coast of Gllfamlal -1; the pre., roc« arM the fun glinang tliamm�e rxeei pn the open wean -as the buuNlW ,omni <eKt of e.utam�e 5°P"ect t1 .:i fall'1'C(C a "s I� �la.,q.raat� aTr d'Nntsidh+y> W�n�runplat ,a,wtat.a�aaa. ren6. FayawnP ,,.k wa�dat ruee w�eant Note The internet is where it's happening. A few numbers to get us started: There are 320 million websites (today. a A new website is coming online every 3.5 seconds. • There are 140 million website users in the U.S. alone. • Website visitors will wait 8 seconds for a page to load. 70% of website users never go past the first page of search results. 82% of website users never go past the second page of search • ,.alalSNmat� wwa,r�.w..�. Cruc. •unm a1w akro arerM1da xgta cryo nine nem of the The most g important element in marketing a town is the website. It must be p good enough to close the sale. Here are some key points to keep in mind when developing a tourism website: 1) Create a "splash page" that pulls visitors into the site. Just like a novel or magazine article, the first line or paragraph is critical to grabbing the reader Your splash page should sell the community in pictures and introductory text. Think of the splash page as the front door to your community. 2) Spread the splash page around. The city, chamber and other local organi- zations should use the same style or "look" on their front doors as well. This continuity helps build the brand: who you are. 3) Once through the front door, there can be more options. The visitor can pick which direction to go: to the city portion, or to the visitor portion. . 4) Purchase keywords. If vineyards and wineries are a big draw to your community, searching those words on Google (the most popular search en- gine), will yield 16,060,000 results. Since 70% of all web users don't go past. the first page of search results, they won't find your site if it's on page 994. Both Google and Yahoo! sell keyword listings, even though they have free search services. You bid for the keywords, with the highest bidder taking top honors on the first page of results, under "sponsor matches." Kevword bidding is referred to as "pay per click" — a powerful and cost effective way to market whatever you're selling. 5) Tourism is the front door to your community. The fastest growing indus- try in all 50 states, nothing promotes a community more than tourism. It's the quality of life: culture, history, activities, attractions, amenities, etc. Tour- ism is a primary attractor for non -tourism economic development efforts. The first few pages of your website should promote the community using lots of professional photography. 6) Check the competition. Make sure you stack up. Compare the appeal of San Luis Obispo's website, Santa Barbara's, Monterey's, Napa Valley's, etc. 7) Keep it simple. Once through the splash page, have no more than seven links on your home page. Too many choices confuse the visitor. Make it easy to navigate and informative. 8) Build the brand. Branding is the art of differentiation — what sets you apart. Be consistent in your identity, slogan, the look and feel of your mar- keting materials. 9) Convenience is everything. Be sure your marketing materials are avail- able, on-line in PDF format, for immediate download. Most people do their travel planning during the evening hours when the local chamber is closed. Make it convenient. 101) Invest wisely. Many communities spend $20,000 or more on a brochure, - but maybe only $5,000 on a website. 94% of all potential visitors will use the internet, while less than 5% will actually call or stop by a visitor center. 212 11) Put together several two-, three-day, or week-long itineraries of activities visitors can do while staying in Atascadero. Be specific, with routes to drive, names of the wineries, shops to visit, restaurants, etc. Give the reader a real feel for being there and doing that. Post these on the website under the heading: Itineraries. A note about marketing the area The Central Coast area of California has a tremendous variety of attractions to offer visitors: the coast and coastal towns, plus the inland towns, vine- yards, and wineries. with close to one hundred wineries within a one hour drive of Atascadero, the town becomes the perfect "hub" for the Central Coast wine touring experience. Granted, Paso Robles is closer to the major- ity of the wineries, but it doesn't have The Carlton. There is a real lack of lodging facilities in the region, and there is very little high-end lodging at all. The Carlton and local B & B's can fill that niche for those who want to have more elegant accommodations. 213 • *I 0 � 11 • b results. 4...H - 6. +,10 Mhnpf/aawarasoeeracnambe aNl - - 4• rJwsile Q • 94% of travelers with internet 0. access use it as their primary ase! era , ,, , �, travel planning resource. 24-4 70% of people planning trips have Ilam :a4e',adm, Inanmrirm LWpba nuJna F � "'A.ra Ym Llr"c •. Yw'nn difficulty finding what they are n..ew a.wnr.sa,m.r�c looking for. ,4ta d BCfl ef0 -..�.a,a�.aaHaH xa" m.n • 880/0 of all Americans say the internet plays a major role in their ., lives. y • 75% of all Americans use the internet regularly. Ch61nMrlg6mb•nl - ip 64-F • New internet users are growing by OBt IM VlOual Plaoua r .a ra.a<'F 10% per month. , 710 ` • Nearly 88% of all destination O'S-- a.n.Rabar 7666 marketing organizations spend more on printed materials than a a I the web! a as ac a r .r v.a.e.a neawa.n.»nl rs a , ....._'___,�_., �... _. ..____.—��___. �.._.'e.'t Fsrmo:lw...vnwenmume...eralauu.eru.aav .., 4•�ne• C Suggestion #31 Promote the experience, not the history. In- clude maps, mileage, specific itineraries. oa....�aaa—,.a..MtlNfid.If � i i . CDatka Patldoca J,a vexes ma,aa.sa..,aa,•ma rare.wJ.,.a.m�a.m.,mAre�,a.mm,Jow�a �j�p,,.�c€�°��'.... Pam oeaw ox reaaamr.meie r"c"nn.amemmmrusroROQURa,lelsnomxeens¢ D.TPLPLCTOT.G..M15'rAHNONa RRIERY.HpNWAY Ie w.4 VOiEYAlD.1Pai LCfON G.. I Vq. �61v lw6DNORa6 wC1aRY IIITWIfn HORnn WLVPAY COURT.TE, LetON fA.TCe R'61EOOTL �- mPcaynnJn nanmauwb,.a.x x."wrrmm a. -Jeno- (naY Pry „ova I�'Maledmoau6D�^�97aha�[ o".�,. .rmnR,awnYwwamr vo.vMtle..n,wP.uraema I I jtascadgq,, (8051466.2044 • f -f605)466 -92t8.6550 El C -u.. R..) • A..dcau, CA 93422 NanaJe \lo(nrnsJ. � a�a R 6.rn .Ven Prx man pirn Smae. lra —.d M_Id In 1865, Gaosge Hearse, a weelmy adner. pumbared 40MO anon of ranchland that ipd.d d da: Mexican Ranchos of Piedra, Blanca, San Simeon ad Sema Ross. in 1919..his only son, Witham Randolph Hnsst, inherited the land from his oa il—, Phoebe Appersoo Hearer_ By ern she reoeh had grown m mcornpuss 250 AM arms. Originally oickrlsmod -Camp HJR,• is wilderness offered a place for family members andfriends m °rough ien oo camping trips. While the asmgeme°ss fordhese trips were elabmate. wit separarc sleeping and sliming mnu, they wound nal s dds H— for long. 1. 1919, his hu nnse.s m farmd Sen Frandsen architect rutin Morgan verse simpie, •Mus Morgan, we etc timel of cmnping nut In the open scthe ranch In San Simeon and I would like in build a Bane Heals and Morgan's e°llabomdon wus destined m boonme one of die world's gmaiest showplaces. As dry were, planning and eonsuucdag his dre—bow: Hearse mn—,A the rocky perch from which it rose "La Cucsta Eneha ted" The Enchemed HBL By 1947, Hearns and Morgan had cmamdan evam of 165 rooms and 127 acres of garden , manses, pools and walkways The emovs magaaicent main hoose, "Casa Grande,- and oboe guesthouses ase of Mediterranean Revival aryk, with she imposing moven of Cm Grande being inspired by a Spanish cathedral. The blendings of ire ambi—sural say 1. with oro surrounding land, and btmrsra superb Europ— and Medimssunann an onllw lnru, waa so seamless that world mnowned amMmewral historian. L d John Julius Horwich, was moved m say ,bar ^Hearn Caul. is a palace in every sense mfhe ward.'. Por—mi infer mm ennteee Inforomdon Offec ar P.O. Bax 942896, Saeramonm, Cs 94296-0001, call (806) 927- 2020 or vish h their webshe at w Jicarmeasticcom To mike camping mserradons eall (NO) 444 -PARK. Suggestion #32 You must promote specific shops that make you worth a special trip. What do you have that I can't get closer to home? Promote it. Don't let the politics of memberships kill your tourism efforts. �Qtascadero e I I I sr�.aswFas aa..ar+n..wrw c,m..�na , 1 214 Partnerships need to be created to develop a single wine experience. There are far too many brochures promoting wineries. All of these could be combined into a single Central Coast Wine Experience, with different itineraries based on loca- tion. 215 Suggestion #33 1. Keep working on product de- velopment. You're making good progress. It never happens as quick as you'd like. 2. Create a destination retail/enter- tainment district and create gateways to the district. Develop the "mall mentality" among merchants and property owners in the district. 3. Develop a branding theme. Consider equestrian. Something that makes you unique over other area communities. 4. Develop and implement a "Gate- way, Wayfinding & Signage Pro- gram." 5. Become a hub for the Central Coast Wine Experience. Put together detailed day trip itineraries. Beep them within, a 45 minute drive. San; Luis Obispo *I *I • is Travel trends 1. Baby boomers account for 80% of all travel spending in the U.S. There are 350,000 people turning 50 every month and this will continue for another nine years. The oldest boomers are approaching 60 and are in the peak of their earning years. 2. The baby boom generation controls 70% of the nation's wealth. They LOVE wineries and refined places to eat and stay. Quality is paramount to attracting these heavy spenders. 3. This generation stands to inherit $10.4 trillion from their parents. Where they will spend the money: second homes and travel. A perfect opportunity for "me oriented" spending. This visitor assessment was prepared by the team at: 4L �'�JlY] L1QYT `��1e10p�111�I1t 510 Custer Way Suite 301 Olympia, WA 98501 (360) 754-7920 Voice (360) 754-7622 Fax TheTeam@destinationdevelopment. com www.dditeam.com 216