HomeMy WebLinkAboutAgenda Packet 06/11/2002 CITY OF A TA SCADERO
CITY COUNCIL
AGENDA
TUESDAY, June 11 , 2002
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
• CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a.) Conference with legal counsel - Pending litigation (Govt. Code
Sec.54956.9)
Diamond v City of Atascadero
b.) Conference with labor negotiator (Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Mid-Management/Professional and
Confidential.
3. Adjourn
4. CLOSED SESSION REPORT
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
i Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring June 10 & 11, 2002, "Special Olympics-Law
Enforcement Torch Run Days."
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 and address 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.)
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 Minutes - May 28, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of May 28,
2002. [City Clerk]
2. Contract Amendment - Board of Administration of the California Public
Employees' Retirement System (CalPERS)
■ Fiscal impact: Change in Total Employer Rate 2.762%
■ Staff recommendation: Council introduce for second reading by title only, and adopt the
draft Ordinance authorizing an amendment to the contract between the City Council of
the City of Atascadero and the Board of Administration of the California Public
Employees' Retirement System. [Administrative Services]
2
3. City Text Changes to Sign Code - Zone Change 2002-0022
■ Fiscal impact: Staff has not identified a fiscal impact for these suggested changes.
■ City Attorney recommendation: Council introduce for second reading by title only, and
adopt the draft Ordinance adopting the proposed amendments to the sign code for the
• City of Atascadero. [City Attorney]
4. Food and Beverage Concessions and Catering Agreement - Pavilion on the
Lake
■ Fiscal impact: Revenue of $150.00 per month, plus a percentage of on-site sales, and a
percentage of on and off-site catering services.
■ Staff recommendation: Council authorize the City Manager to enter into a three-year
agreement with Vintage Cafe,a partnership between Glenn Olher and Cathy Johnson to
operate the Pavilion Concession Stand / Cafe and to provide on-site catering services at
the Pavilion. [Community Services]
5. Request to Plant a Memorial Tree At Atascadero Lake Park
■ Fiscal impact: None.
■ Staff recommendation: Council approve the request of the family of Daniel E. Carney to
plant a Memorial Tree at Atascadero Lake Park. [Community Services]
6.- Agreement for the Disposition of Surplus City Vehicles - Ken Porter
Auctions
■ Fiscal impact: Undetermined revenue amount.
■ Staff recommendation: Council authorize the City Manager to execute the Draft one-
year agreement with Ken Porter Auctions to sell surplus City vehicles. [Community
Services]
7. Final Parcel Map 2002-0025 - (Parcel Map ATAL 01-474) [LLA 2001-00351
• 6155 San Anselmo Road (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Parcel Map 2002-0025 (Parcel Map ATAL 01-474); and,
2. Accept offers of dedication for street purposes. [Public Works]
8. Human Services Grant
■ Fiscal impact: Budgeted at $20,000.
■ Staff recommendation: Council approve Human Services Grants to the Agencies and in
the amounts recommended by the Finance Committee. [City Manager]
B. PUBLIC HEARINGS:
1. Downtown Parking & Business Improvement Area Confirmation of Annual
Assessment - Fiscal Year 2002-03
■ fiscal impact: $10,500 from Downtown Parking & Business Improvement Area Fund.
■. Staff recommendation: Council adopt the Draft Resolution confirming annual
assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2002-03).
[City Manager]
2. Sewer Services Fees Placement on Property Taxes
■ Fiscal impact: Revenue of $1,456,595.92 in sanitation service charges (FY 2002-03).
• • Staff recommendation: Council adopt the Draft Resolution adopting service charges to
be added to the 2002-03 property tax rolls. [Public Works]
3
C. MANAGEMENT REPORTS:
1 Mid-Cycle Budget Review
■ Fiscal impact: For all funds and years: total net revenue adjustments $1,320,030; total
expenditure adjustments $1,320,030; total reserve adjustment $75,000.
■ Staff recommendation: Council adopt the Draft Resolution amending the budgets for
fiscal years 2001-2002 and 2002-2003. [Administrative Services]
2. Proposal to Increase the Transient Occupancy Tax (Hotel Bed Tax)
■ Fiscal impact: Additional revenue of approximately $29,000 per year; with a one-time
cost of $9,345.00 for the ballot measure.
■ Staff recommendation:
1. Submit to the General Electorate the following question for the Tuesday November
5, 2002 General Election:
Shall an Ordinance amending Section 3-3.03 of the Atascadero
Municipal Code to increase the Transient Occupancy Tax
(hotel/motel bed tax) rate from 9% to 10% be adopted?
2. Review, modify as appropriate and approve the draft Argument in Favor of the
proposed ballot measure. [City Manager]
3. General Municipal Election
■ Fiscal impact: Approximately $10,340 for the election of four vacancies and
approximately $9,345.00 one-time cost for the ballot measure.
■ City Clerk recommendation: Council adopt recommendation A or B:
A. Council adopt the following Resolutions for the purpose of electing two members to
the City Council, a City Clerk and a City Treasurer:
• 1. Draft Resolution A, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 5, 2002, and;
2. Draft Resolution B, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November
5, 2002.
B Council adopt the following Resolutions for the purpose of electing two members to
the City Council, a City Clerk, a City Treasurer and to submit to the voters a
question relating to a proposed increase in Transient Occupancy Taxes:
1. Draft Resolution C, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 5, 2002, and;
2. Draft Resolution D, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November
5, 2002, and;
3. Draft Resolution E, setting priorities for filing written arguments regarding a City
measure and directing the City Attorney to prepare an impartial analysis, and;
4. Draft Resolution F, providing for the filing of rebuttal arguments for City
measures submitted at Municipal Elections. [City Clerk]
4. Loan Agreement — Redevelopment Agency
■ Fiscal impact: Annual revenue from interest earnings.
■ City Attorney recommendation: Council adopt Draft Resolution approving a loan
agreement with the Atascadero Redevelopment Agency. [City Attorney]
4
D. COMMITTEE REPORTS: (The following represent standing committees. Informative status
reports will be given, as felt necessary.):
Mayor Arrambide
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA)
2. Water Committees
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Finance Committee
2. City / Schools Committee
3. Atascadero State Hospital Advisory Board
4. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. North County Homeless Coalition
Council Member Johnson
1. Local Agency Formation Commissions (LAFCO)
2. Water Committees
Council Member Clay
1. Air Pollution Control District (APCD)
2. City / Schools Committee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
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.
I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty
of perjury that the foregoing agenda for the June 11, 2002 Regular Session of the Atascadero
City Council was posted on June 5, 2002 at Atascadero City Hall, 6500 Palma Ave.,
Atascadero, CA 93422 and was available for public review in the City Clerk's office at that
location.
Signed this 5" day of June, 2002 at Atascadero, California.
Marcia McClure Torgerson, City Clerk
City of Atascadero
5
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. 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(Room 311) available for public inspection during City
Hall business hours. 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.
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, (805)
461-5010, or the City Clerk's Office, (805)461-5074. 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
• 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.
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
• 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
g
minutes will be allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. 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.
"SPECIAL OLYMPICS-LAW ENFORCEMENT
• TORCH R UN DAYS"
JUNE 10 & 11, 2002
WHEREAS, Each year Law Enforcement officers join together to run
the Special Olympics torch throughout San Luis Obispo County; and
WHEREAS, hundreds of thousands of law enforcement officers give
their time to protect our communities every day; and
WHEREAS, hundreds of thousands of athletes participate in Special
Olympics activities annually; and
WHEREAS, the efforts of countless volunteers make Special Olympics
possible; and
WHEREAS, on June 10 & 11, 2002 law enforcement officers will carry
the Special Olympics torch throughout San Luis Obispo County and send it on
its way down to California State University at Long Beach to open the Special
• Olympics of Southern California Summer Games; and
NOW, THEREFORE, BE IT RESOLVED that as Mayor of the City of
Atascadero, and on behalf of the City Council, I do hereby proclaim June 10 &
11, 2002 as
"SPECIAL OLYMPICS-LAW ENFORCEMENT
TORCH RUN DAYS"
in the City of Atascadero, and acknowledge the hard work of the event
organizers and congratulating the athletes and officers on their
accomplishments.
WITNESS THE OFFICIAL SEAL OF
THE CITY OF TASCADERO:
J. Michael Arrambide, Mayor
• City of Atascadero, California
June 11, 2002
000
ITEM NUMBER: A-1
DATE: 06/11/2002
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1-977-9CITYOF A TA SCA DERO
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CITY COUNCIL
DRAFT MINUTES
TUESDAY, May 28, 2002
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1 . PUBLIC COMMENT - CLOSED SESSION
None
2. Call to Order
a) Performance Review: City Attorney (Govt. Code § 54957)
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced that there was no reportable
action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:10 p.m. and Council Member
Johnson led the Pledge of Allegiance.
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Page 1
ITEM NUMBER: A- 1
DATE: 06/11/2002
ROLL CALL:
• Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David
Graham
Staff Present: City Manager Wade McKinney, Community Development
Director Warren Frace, Assistant City Manager Brady Cherry,
Administrative Services Director Rachelle Rickard, Public Works
Director Steve Kahn, Associate Civil Engineer Jeff van den
Eikhof, Community Services Manager Geoff English, Police
Chief Dennis Hegwood, Fire Chief Kurt Stone, Planning Services
Manager Steve McHarris and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Johnson to approve the agenda.
Motion passed 5.0 by a ro/%ca// vote.
PRESENTATIONS:
Lana Adams, Youth Task Force, gave an update of the Task Force and recognized
Assistant City Manager Brady Cherry, Police Chief Dennis Hegwood and City
Manager Wade McKinney for their service to the Task Force and the children of our
community.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, gave the Council a copy of a SLOCOG memo concerning
transportation issues. He explained his concerns with specific projects, including:
1 ) the impact of the Duke Energy's Morro Bay project on both the Highway 1/41
interchange in Morro Bay and Atascadero's Route 101/41 interchange
improvements, and 2) Cuesta Grade funding allocation. (Attachment A)
Joan O'Keefe, 9985 Old Morro Road East, read from a prepared statement
expressing her concerns with the City's handling of Council Member Luna's appeal
of the 3F Project. (Attachment B)
• Daphne Fahsing, stated she feels the City should have the Council meetings video
taped and televised and requested that this item be agendized for a future Council
meeting where public testimony could be taken.
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Page 2
ITEM NUMBER: A- 1
DATE: 06/11/2002
Dean Coker, Senior Planner with Castlerock Development, stated they represent
the 3F Meadows project. He commended staff's work with them on the review
• process and stated he is available from 8:00 a.m. to 5:00 p.m. daily to answer
questions regarding the project and can be reached at 546-8100. Mr. Coker
requested a copy of Mrs. O'Keefe's letter and indicated that they would try to
respond to specific factual questions she has raised.
Barbie Butz, 3370 San Fernando Road, thanked the Council and staff for the
wonderful reception held in her honor.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna thanked ALPS and the Fire Department and staff for the
successful event at Stadium Park last weekend.
Council Member Luna also submitted a letter from the North County Humane
Society giving an update of their spay/neuter program and requesting an increase in
funds allocated to them from the City for this program. It was Council Member
Luna's hope that in an upcoming budget cycle their request would be considered.
(Attachment C)
Council Member Clay stated that he had attended the Memorial Day celebration at
the Pine Mountain Cemetery and found it to be very inspirational.
A. CONSENT CALENDAR:
1 . _City Council Minutes — May 14, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of May 14,
2002. [City Clerk]
2. City Treasurer's Report - March 2002
■ Fiscal impact: None
■ City Treasurer's recommendation: City Council approve the City Treasurer's report for
March 2002. [City Treasurer]
3. Accounts Payable and Payroll - April 2002
■ Fiscal impact: $890,117.02
• Staff recommendation: City Council approve certified City accounts payable, payroll and
payroll vendor checks for March 2002. [Administrative Services]
4. Deferred Compensation Plans Authorization to Amend
■ Fiscal impact: None
• Staff recommendation: City Council authorize the City Manager to amend plan
documents with deferred compensation providers The Hartford, National Deferred
Compensation, and ICMA Retirement Corporation in order to comply with recent
legislation. [Administrative Services]
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Page 3
ITEM NUMBER: A- 1
DATE: 06/11/2002
5 Weed Abatement - Award of Contractor Bid
• Fiscal impact: None
• Staff recommendation: Council award the weed abatement contract to Jack R. Bridwell.
[Fire]
6. Atascadero Road Program - Development Requirements and Encroachments
in the Right-of-Way
■ Fiscal impact: None
■ Staff recommendation: City Council:
1. Introduce for second reading by title only, and adopt the draft Ordinance A,
amending Title 7, Chapter 15 of the Atascadero Municipal Code, allowing non-
licensed residences to work in the right-of-way; and,
2. Introduce for second reading by title only, and adopt the' draft Ordinance B,
amending Title 9, Chapter 4, of the Atascadero Municipal Code, relating to street
and frontage improvements. [Public Works]
7. Traffic Signal Synchronization Project- EI Camino Real
• Fiscal impact: $173, 310.00
■ Staff recommendation: Council authorize the City Manager to execute an agreement
with Lee Wilson Electric Company to construct the EI Camino Real Traffic Signal
Synchronization Project for $173,310.00. [Public Works]
Council Member Clay requested that Consent Calendar Item # A-7 be pulled.
• MOTION: By Council Member Johnson and seconded by Council Member
Clay to approve Consent Calendar Items #A-1, 2, 3, 4, 5 and 6.
Motion passed 5.0 by a ro/%ca// vote. (Item #A-5 Contract No.
2002-010)
Item #A-7: Council Member Clay asked for clarification on how the
synchronization works on the Highway 41 interchange.
MOTION: BY Council Member Clay and seconded by Johnson to approve
Consent Calendar Item #A-7.
Motion passed 5.•0 by a ro/%ca// vote. (Contract No. 2002-011)
B. PUBLIC HEARINGS:
1 . Contract Amendment-- Board of Administration of the California Public
Employees' Retirement System (CaIPERS)
■ Fiscal impact: Change in Total Employer Rate 2.762%
■ Staff recommendation: Council introduce for first reading by title only, the draft
Ordinance authorizing an amendment to the contract between the City Council of the
City of Atascadero and the Board of Administration of the California Public Employees'
Retirement System. [Administrative Services]
• Administrative Services Director Rachelle Rickard gave the staff report.
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Page 4
ITEM NUMBER: A- 1
DATE: 06/11/2002
PUBLIC COMMENT - None
• MOTION: By Council Member Luna and seconded by Council Member
Johnson to introduce for first reading by title only, the draft
Ordinance authorizing an amendment to the contract between
the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees' Retirement
System.
Motion passed 5.0 by a roll-call vote.
2. Parking & Business Improvement Area Assessment
• Fiscal impact: Revenue of $10,500.00 annually.
■ Staff recommendation: City Council adopt the draft Resolution of Intention, declaring
intent to levy annual Downtown Parking & Business Improvement Area assessment and
set a public hearing for June 1 1, 2002. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of
Council.
PUBLIC COMMENT - None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Luna to set the date of June 11, 2002 for a public hearing of
• the City Council on the funds from the Downtown Parking and
Business Improvement Assessment.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2002-
021)
Mayor Arrambide recessed the hearing at 7.59 p.m.
Mayor Arrambide called the meeting back to order at 8:05 p.m.
3. City Text Changes to Sign Code - Zone Change 2002-0022
■ Fiscal impact: Staff has not identified a fiscal impact for these suggested changes.
■ Planning Commission recommendation: Council introduce for first reading by title only,
the draft Ordinance adopting the proposed amendments to the sign code for the City of
Atascadero. [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT
John McGoff, 9192 Maple Street, asked for clarification on freeway signs and
billboard signs.
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Page 5
ITEM NUMBER: A- 1
DATE: 06/11/2002
Joan O'Keefe, said that she agreed with the City Attorney concerning the political
. sign language being placed in a separate section. She also expressed her
opposition to banner signs.
Joanne Main, Chamber of Commerce, stated they are pleased with the
recommendations. She also gave the Council a handout listing some additional
recommended amendments from the Chamber.
Carol McCulley, Sign Outlet, gave the Council some examples of sign sizes and
formats. She recommended the Council approve a standard of 14-inch tall letters
including the business name and logo only, instead of requiring a maximum square
footage.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to introduce for first reading by title only, the draft
Ordinance adopting the proposed amendments to the sign code
for the City of Atascadero with the following amendments:
1 . Section 9-15.005(a)(6)(C) (second paragraph): Where the
building area of a single tenant building is less than ten
thousand (10,000) square feet, a building mounted freeway
• oriented sign may be allowed with a maximum area not to
exceed one (1) square feet for eaeh lineal foot of building
frontage of forty. (40) square feet with a maximum letter
height of 14 inches.
2. 9-15.005(a)(6)(C) (third paragraph): Freeway wall signs shall
be constructed of individual three-dimensional letters or
logos. Rectangular box or cabinet signs shall not be allowed
along the US 101 frontage. Signs shall not be internally
All '11 „tet' shall be '.„1' + sources such,
as
external down lighting or halo lighting behind opaque
charas Signs may be internally illuminated pan channel
letters.
3. 9-14.012(a): Time Period. Temporary noncommercial signs
may be displayed by or with the permission of the property
owner up to sixty (60) days preceding and must be removed
ten (10) days after any official local, state, regional, or
national authorized election. Such signage may carry any
form of noncommercial message, consistent with this
Article.
Motion passed 5.0 by a ro/%ca// vote.
•
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ITEM NUMBER: A- 1
DATE: 06/11/2002
4. Weed Abatement- Hearing of Objections
■ Fiscal impact: None
■ Staff recommendation: Hear and consider all objections to the proposed removal of
vegetative growth and/or refuse and allow or overrule any objections. Following the
hearing, it is recommended that the Council authorize the fire chief to proceed and
perform the work of abatement. [Fire]
Fire Chief Kurt Stone gave the staff report.
PUBLIC COMMENT - None
MOTION: By Council Member Luna and seconded by Council Member Clay
to authorize the fire chief to proceed and perform the work of
abatement.
Motion passed 5.0 by a voice vote.
C. MANAGEMENT REPORTS:
1. Downtown EI Camino Real Improvements
■ Fiscal impact: $298,000 STIP, $84,300 Redevelopment Funds, $25,000 CDBG, and
$19,250 Partnership for Public Health Endowment.
■ Staff recommendation: Council receive a report on alternatives for Downtown EI
Camino Real Improvements and select alternative #3 as the preferred alternative. [Public
Works]
• Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Maurice Macare, 12345 Hampton Court, Co-Chair of Main Street Design
Committee showed the Council a PowerPoint presentation explaining the
Committee's recommendation for EI Camino Real between Traffic Way and West
Mall.
Ernest Cassaca, business owner on Entrada, expressed his concern with the
reduction of parking spaces that are recommended.
Erich Koberl, 10895 San Marcos, commended the City staff and Main Street
Committee on their efforts. He stated he supports the median on EI Camino Real.
Bob Wilkins, 6405 EI Camino Real, President of Main Street, thanked Steve Kahn
and Jeff van den Eikhof for all their hard work on this proposal.
Mayor Arrambide closed the Public Comment period.
•
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ITEM NUMBER: A- 1
DATE: 06/11/2002
MOTION: By Council Member Johnson and seconded by Council Member
Clay to receive the report on alternatives for Downtown El
• Camino Real Improvements and select alternative #3 as the
preferred alternative.
Motion passed 5.0 by a roll-call vote.
2. Youth / Recreation Center - Draft Design Conceptual Plans
■ Fiscal impact: $120,000.00 in Architectural fees
• Staff recommendation: Council approve the draft Conceptual Design Plans for the Youth
/ Recreation Center and provide direction regarding the options for the Exterior treatment
of the building. [Community Services]
Deputy Community Services Director Geoff English gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Barbie Butz, Parks & Recreation Commissioner, stated she is thrilled to see this
Youth Center become a reality.
Maurice Macare, said he agrees with Mayor Pro Tem Scalise that adequate
bathroom facilities are important to a successful Youth Center. Mr. Macare
questioned if there was adequate clearance in the existing facility to accommodate
. minimum clearance requirements for some sports.
Craig Korvat, 5245 Mercedes, said he agrees with the previous speaker regarding
the number of restrooms. Additionally, he feels the City would spend its money
wisely by employing a good landscape architect.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Johnson and seconded by Council Member
Clay to approve the draft Conceptual Plans for the
Youth/Recreation Center with the selection of Option C, but
that the project be phased, and with a review of the ultimate
load of the building on assembly regarding restrooms.
Motion passed 5.0 by a ro/%ca// vote.
3. Plan Check Services
• Fiscal impact: None
■ Staff recommendation: Council waive the $25,000 maximum expense for informal
bidding for California Code Check for building plan check services, pursuant to Section
1.7 of the City's purchasing rules. [City Manager]
• City Manager Wade McKinney gave the staff report and answered questions of
Council.
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ITEM NUMBER: A- 1
DATE: 06/11/2002
PUBLIC COMMENT - None
• MOTION: By Council Member Johnson and seconded by Council Member
Clay to waive the $25,000 maximum expense for informational
bidding for California Code Check for building plan check
services, pursuant to Section 1 .7 of the City's purchasing rules.
Motion passed 5.0 by a ro/%ca// vote.
D. COMMITTEE REPORTS:
Council Member Clay
Air Pollution Control District (APCD): Nipomo wants to continue to be able to burn and it was
agreed that they could burn for the next two years on 3/4 acre or more.
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:30 p.m. to the next regularly
scheduled meeting on June 11 , 2002.
• MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
ATTACHMENTS:
Attachment A - Eric Greening, 7365 Valle
Attachment B - Joan O'Keefe, 9985 Old Morro Road East
Attachment C - North County Humane Society letter dated 5/23/2002,
submitted by Council Member Luna
CC 05/28/02 010
Page 9
pan Lues Ublst J Louncll of (_ ivern, men-te
Regional Transportation Planning Agency ^'r°A��
Metropolitan Planning Organization Grover Beach
Morro Bay
Census Data Affiliate PasoRobl%
Pismo Beach
Ronald L_DeCarli-Executive Director Service Authority for Freeways and Expressways San Luis Obispo
March 28, 2002
San Luis Obispo County
�•r.���
Diane Eidam, Executive Director Attachment : A
California Transportation Commission (CTC) A t a s c a d e r o C'i t y Council Mt g .
1120 N. Street Room 2221 (MS-52) 5-28-02
Sacramento, Ca. 95814
Subject: San Luis Obispo Council of Governments (SLOCOG)2002 RTIP
Dear Ms. Eidam,
This letter is to follow-up on our recent conversation with David Brewer of your staff regarding further
changes and/or corrections that may be made to the 2002 RTIP prior to the April CTC meeting. We very
much appreciate being given an opportunity to address our concerns regarding the recommendations on a
number of projects. Your staff has done a great job in addressing a difficult problem. The alternatives we
are proposing here result in more money being moved out beyond 2004 than are being requested prior to
that date.
We have determined that in order to program our highest priority projects as early in the STIP cycle as
possible and work within the dollar amounts available to our region within the time frames outlined in your
staff report it is necessary to delay the programming of $3.696 in construction funding for the Route
166 East Operational Improvements project (PPNO 6600) to the 2006 Fiscal Year and move the
projects listed below to earlier years than proposed. In addition, we propose delaying the programming
of the $300,000 for PAGED associated with the 24th Street Railroad Overcrossing (PPNO 1107) to
• 2007.
The Route 166 East Operational Improvements project does not have the same high priority we have
assigned to those projects in the attached listing. The projects we have listed below are subject to special
circumstances related to other funding and overall important time limitations. We also believe that
construction support funding and construction funding for the Route 166 Operational Improvements should
be maintained in the same year(FY 05/06). '
The total amount of funding shown for acceleration of projects is significantly less than the almost $4
million that will be delayed for the Route 166 East Operational Improvements and 24'h St. RR Overcrossing
projects. Following are our requests, in priority order, for earlier project programming based on our
discussion of eligible schedule and funding revisions noting that the funding requested is offset with the
reprogramming of the Route 166 project to 2006 and the 24' St. RR overcrossing to 2007:
1. PPNO 1105 Route 1/41 Interchange Improvement ($441k FY 02/03) - This is our highest priority
State Highway project. It is vital that it be completed prior to the start of reconstruction of the Morro Bay
power plant so that material needed for that project may be efficiently transported to the construction site.
In addition, as noted in our submission, Duke Energy is providing more than half of the needed funding.
We therefore request the $441,000 be programmed in 2003.
2. PPNO 1114 Dinosaur Caves Price Street Improvements ($163k FY 02/03) — It is very important for
this high priority project to move forward with $163,000 in 2003. This project includes a Coastal
Conservancy grant that must be expended in 02/03 and the work funded by this project needs to move
forward at the same time.
3. PPNO 0988 East Grand Avenue Rehabilitation ($250k FY 03/04) — $250,000 for this project should
be programmed in 2004 for construction rather than being divided over two years. This is also necessary
to allow for the cost effective expenditure of other previously programmed RTIP funds.
I I
X11
C-- - Z
1150 Osos Street, Ste. 202.San Luis Obispo, CA 93401 *Tel. (805)781-4219 ® Fax. (805)781-5703
E-mail. slocog@slocog.org * Internet. http://www.slocog.org
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•
X12
Attachment : B
Atascadero City Council Meeting
5-28-02
• Joan O'Keefe
9985 Old Morro Rd E. 5-28-02
Council Persons
Two weeks ago I spoke to you about the fact that significant changes were being made on
the 3-F project without going through public review. You, the city council persons, had
received a copy of a very, very brief letter summarizing these changes. Apparently most
of you trusted what staff was doing and didn't ask any questions with the exception of
Councilman Luna who had only a few days after receiving the letter to appeal staff's
actions. It was only because of Councilman Luna that myself and others found out about
the behind the door deal making.
A date was set, July 16th to hear the appeal before the Planning Commission. Warren
Fraze reconfirmed this date to others and me on May Ie.
Last Friday I received a telephone call from Daphene Fashig to tell me there was a legal
notice in the paper that the appeal by Councilman Luna on 3-F was scheduled for June
the 4`i'-one week from today. Daphene asked if it was important for people to be there.
I didn't know what she was taking about so I called Councilman Luna and he said he
hadn't been notified of any change of date. To his knowledge it was still scheduled to be
heard in July.
I don't know why the date has been changed but it must be at the behest of Castlerock.
However there would be no need for a hearing if they had involved the public in the form
of neighborhood meeting to discuss why they wanted to make changes. After the
meetings it could have been formally heard before the planning commission. Castlerock
seems to have knack for inciting the public in the cities where they do business.
With regard to the notification,just possibly the city might be meeting the minimum legal
requirements. Being legal doesn't mean its ethical. Ethics is about moral standards and
that includes being trustworthy. How can I trust city staff and the Council majority if you
allow these kinds of things to happen? When there is a controversial project there should
be plenty of prior notice of the hearing and this is what staff typically does. It's good
government, it's good public relations.
There is also the appearance that Castlerock, the developer, is so to speak buying the city
when it offers to construct two welcome signs along 101 and in return gets significant
changes made on their project and further convinces city staff to change a previously
scheduled hearing date.
I'm here tonight to ask you what is going on, how did this happen, cancel the June
hearing date and hereafter have everything out in the open. I'm also attaching a copy of
staff's letter to Mr. Coker that alerted Councilman Luna about the changes to the project.
013
CITY OF ATASCADERO
toll t97a
COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVED
April 18, 2002 APR 2 2 2002
CITY aFa ,E
cmr
Dean Coker 01"014144
Castlerock Development
202 H3 Tank Farm Road
San Luis Obispo, CA 93401
RE: 3F Meadows Planned Development
Phase 1 EIR Consistency Determination
• Dear Mr. Coker:
Staff has completed their review of the "Grading and Tree Removal Comparison" exhibits that
have been prepared for Phase 1 of the 3F Meadows Planned Development project. As we have
previously discussed the Phase 1 road construction permit must be consistent with the impact
analysis of the project EIR. In reviewing the Grading and Tree Removal Comparison exhibits (as
attached) staff has determined that the amount of cut, fill and tree removals of the proposed
construction are less than the impacts analyzed in Appendix B of the EIR. Therefore, based on
the following table, staff has determined that the proposed project is consistent with the project
EIR.
EIR Appendix B Proposed Construction Impact Difference
Native Tree Removals 407 trees 390 trees - 17 trees
Cut Slopes 4.56 acres 4.15 acres -0.41 acres
Fill Slopes 5.21 acres 5.04 acres -0.17 acres
014
ilr.LU t000, 0 .fta"1 FOR 0*AS Nn[W.*TW.Aoe
Attachment : C
Atascadero City Council Mtg .
5-28-02
North County Humane Society
2300 Ramona Road Atascadero, CA 93422
:(305j 464-5403 a F�ax;: 6(i 2(} 3r e-xriail: sle�nchs3C�charkc'r.nct
May .23, 2002
Councilman George Luna
City of Atascadero
6500 Palma Ave,
Atascadero, . CA 93422
Dear George:
You recently requested some information to back up our .
...request. for. add ;t..Onal. spay/neuter. fund:ing.. . I „und:erstand we
are assurers of" the a3ready budgeted amount of $5;000 dor
this year, and we very much. appreciate this help from the
City, and for all the funding provided to AFAR over the years.
I think we can prove that spay/neuter assistance has made a
tremendous difference in reducing. the senseless killing of
healthy cats and dogs in shelters, .but so muchmore still
needs to be done before we reach the goal of . no healthy .
animals having to be killed. .
The .proof. is evident. in the figures between 1995. :and 200.1 .
In 1995, 3, 040 animals were put to death at Animal Services.
In: 2001 that number was reduced to 1, 327; a re.duction of
We must reduce. that number to zero. SPayJhTeuter
combined with education can do. that,' and there is currently
a humane education program from .Animal Services. NCHS 'is.
providing. education through the shelter and the media.
During 2001 NCHS provided certificates throughout the county
for 471 dogs and 951 cats, for a total of $25,000 from our
genera,i .fund. Your council provided $5,000. for Atascadero
residents, and NCHS- added an additional $3, 840 for 102 dogs
aid: 277 cats
I hope this information will assist you, and we look forwe.rd :
to the: budget hearings ;.and
g positive support from the council
>> formuch needed additional funding. Based on last year's
>`< expenditure, we are requesting :.$8,000.. We cannot afford: to
_t away away and we in to do. al' we can to solve
the problem of pet overpopulation.
Thank you ver; y y much for .your interest.
sincerely,
Charlotte Alexander
President 015
www.slonchs.ora
ITEM NUMBER: A-2
DATE: 06/11/2002
t
1916 - 1970
Atascadero City Council
Staff Report - Administrative Services Department
Contract Amendment
Board of Administration of the
California Public Employees' Retirement System (Ca1PERS)
RECOMMENDATION:
Council introduce for second reading by title only, and adopt the draft Ordinance authorizing an
amendment to the contract between the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees' Retirement System.
• DISCUSSION:
On May 28, 2002 Council conducted a public hearing to amend our CalPERS agreement in
accordance with our safety MOUs. There were no changes made by the City Council to the
Ordinance during its first reading and it is ready for final adoption as attached.
The proposed contract amendment is in keeping with the conditions of the current
Memorandums of Understanding (MOUS) with the Atascadero Police Association and the
Atascadero Firefighters Bargaining Unit. These bargaining units represent the City's safety
members. Earlier this fiscal year, the City Council approved the MOUs for both of these
bargaining units. The MOUS included provisions for the addition of the amendment to the PERS
contract for the One-Year Final Compensation retirement formula (Section 20042) and the
Credit for Unused Sick Leave Benefit(Section 20965) for all safety members.
FISCAL IMPACT:
The adoption of the contract amendment via resolution and ordinance, will result in the following
valuation changes to our plan:
ITEM NUMBER: A-2
DATE: 06/11/2002
• 1. Change in the Present Value of Benefits $ 621,476
2. Increase in the Actuarial Value of Assets $ -
3. Change in the Unfunded Accrued Liability $ 373,752
4. Change in the Total Employer Rate 2.762%
ATTACHMENTS:
Attachment A: Draft Ordinance
Attachment B: Draft Amendment to Contract
•
017
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
• AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF ATASCADERO AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
The City Council of the City of Atascadero does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Atascadero and the
Board of Administration, California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made
a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Atascadero is hereby authorized, empowered, and directed to execute
said amendment for and on behalf of said Agency.
Section 3.
This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the
expiration of fifteen (15) days from the passage thereof shall be published at least once in the
Atascadero News, a newspaper of general circulation, published and circulated in the City of
• Atascadero and thenceforth and thereafter the same shall be in full force and effect.
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO
By:
J. Michael Arrambide, Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
018
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Ataseadlero
The Board of Administration, California Public Employees' Retirement System,
• hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective April
19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April
30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29,
1992, December 26, 1997, July 3, 1999 and June 23, 2001 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective June 23, 2001, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 19, 1980 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
• contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
019
PLEASE DO NOT SIGN "EXHIBIT ONLY"
3. Employees of Public Agency in the following classes shall become
• members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. This contract shall be a continuation of the benefits of the contract of the
Atascadero Fire Protection District, hereinafter referred to as "Former
Agency", pursuant to Section 20567.2 of the Government Code, Former
Agency having ceased to exist and having been required by law to be
succeeded by Public Agency on July 1, 1980. Public Agency, by this
contract, assumes the accumulated contributions and assets derived
• therefrom and liability for prior and current service under Former Agency's
contract with respect to the Former Agency's employees. Legislation
repealed said Section effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
•
020
PLEASE DO NOT SIGN "EXHIBIT ON _
C. Section 21024 (Military Service Credit as Public Service), Statutes
• of 1976.
d. Section 20903 (Two Years Additional Service Credit).
e. Section 20042 (One-Year Final Compensation).
f. Section 20965 (Credit for Unused Sick Leave) for local safety
members only.
9. Public Agency, in accordance with Government Code Section 20834, shall
not be considered an "employer" for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
• a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
• Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
02
13. Contributions required of Public Agency and its employees shall be paid
• by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of ,
BOARD OF ADMINISTRATI4, CITY COUNCIL
PUBLIC EMPLOYEES' ENT SYSTEM CITY OF ATASCADERO 0,
BY �� BY
KENNETH W. M ION, CHIEF PRESIDING OFFI
ACTUARIAL LOYER SERVICES DIVISION
PUBLIC EM EES' RETIREMENT SYSTEM
Witr i ate
• Attest:
Clerk
•
AMENDMENT
PERS-CON-702A(Rev.8196)
0 2 `'
ITEM NUMBER: A-3
DATE: 06/11/2002
Elm
n '
19181 9
i
Atascadero City Council
City Attorney Report
City Text Changes to Sign Code
Zone Change 2002-0022
RECOMMENDATION:
Council introduce for second reading by title only, and adopt the draft ordinance restating and
amending that portion of Title 9 of the Atascadero Municipal Code known as the sign code.
DISCUSSION:
Background: This matter was heard by the Planning Commission, and then the Planning
Commission recommendations were presented to the City Council. At the regular City Council
meeting of May 28, 2002, the Council introduced for first reading by title only, the attached
ordinance restating and amending the sign code for the City of Atascadero. In conformance with
State law on the matter, the City Clerk has caused a summary of the ordinance to be published in
a newspaper of general circulation. This matter is now back for second reading. The ordinance
must have two readings to be passed. If any changes are made at this meeting, that will constitute
a "first reading." If no changes are made, the ordinance may be adopted at this meeting. The
ordinance will then be effective thirty days after its passage.
FISCAL IMPACT:
There have been no fiscal impacts identified on this issue.
ALTERNATIVES:
As stated above, the City Council is free to address any other sign code issues it chooses to. This
would constitute a new first reading and is not staff s preferred alternative. The Chamber of
Commerce is, and will be, working on a comprehensive review of the sign code and will be
making recommendations for changes at a later date.
ATTACHMENTS:
isDraft Ordinance
023
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA AMENDING CHAPTER 9-15 OF THE ATASCADERO MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9-15 of the Atascadero Municipal Code is hereby amended in its
entirety to read as follows:
9-15.001 Title and intent.
This chapter shall be known and cited as the Sign Ordinance of the City of Atascadero. This
chapter is based on the City's responsibility to protect the general publics health,safety and welfare.
The spirit of this chapter is based on the City's desire to protect the economy and aesthetics of the
community. The City finds that it is in the interest of both aesthetics and traffic safety that sign
• information be kept to a minimum.
The purpose of this chapter is to establish sign regulations that are intended to:
(a) Maintain and improve the aesthetic environment and overall community appearance to
foster the City's ability to attract sources of economic development and growth;
(b) 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;
(c) Implement quality sign design standards that are consistent with the City's General Plan,
Zoning Ordinance and Appearance Review Guidelines;
(d) Enable fair and consistent enforcement of these sign regulations;
(e) Minimize possible adverse impacts of signs on private and public property in order to
maintain property values and to maintain a positive City image
(f) 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.
•
024
(g) Permit non-commercial signage wherever other signage is permitted within Chapter 9-
15 subject to the same standards and total maximum allowances for a site of each sign type specified
in this Chapter.
9-15.002 Definitions
For the purposes of this Chapter, the following definitions shall apply:
(a) Abandoned Signs A sign is abandoned when for a period of ninety(90)
days or more,there is no sign copy appearing on the sign,or where the establishment with which the
sign is associated has ceased operation,or where it is relatively clear that the sign has been forsaken
or deserted. Any sign which is a conforming sign not in use, but which could be re-used in
conjunction with the ownership or operation of a new business on a property,shall not fall under the
definition of abandoned.
(b) Alteration Any change of size,shape,illumination,position,location,construction or
supporting structure of an existing sign.
(c) Animated Sign A sign with action or motion, rotating, flashing or color changes,
excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other
similar devices, and public service signs such as time and temperature units.
(d) Balloon, Inflatable Signs, or Inflatable Attention-getting Devices Any air or gas
• filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and
used for the purpose of signage, advertising, or attention-getting.
(e) Banner Any sign of lightweight fabric or similar material that is attached to a
building or other structure erected for another purpose. Flags,as defined in this Section,shall not be
considered banners.
(f) Building Complex A building or group of buildings on one or more lots or building
sites containing three or more separate businesses or industrial uses and sharing common parking
facilities.
(g) Building Face The outermost surface of any exterior wall of a building, but not
including cornices,bay windows,balconies,or other architectural features which extend beyond the
general outermost surface of such exterior wall.
(h) Canopy Sign Any sign that is part of a projecting awning, canopy, or other fabric,
plastic, or structural protective cover over a door, entrance or window or outdoor service area, or
otherwise attached to a building face.
(i) Changeable Copy Sign A sign with changeable copy, regardless of the method of
attachment or the materials of construction.
•
025
(j) Commercial Speech Any message, the prevailing thrust of which is to propose a
• commercial transaction.
(k) Commercial Signage Any sign with wording, logo, or other representation that,
directly or indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity.
(1) Corner Clear Zone The area at a street corner inscribed by a line drawn between
points established by measuring back fifteen (15) feet from the beginning of the curb radius along
the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of
pavement.
(m) Dormer A structure located above the height of a wall projecting from a sloping roof
that is enclosed on both sides and top, and does not project above top of the roof structure.
(n) Dwelling nit Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation.
(o) Enforcement Officer Any City official or agent designated by the City Manager as
having authority to enforce the provisions of this Article.
(p) Flag A device, generally made of flexible materials,usually cloth,paper or plastic,
usually used as a symbol of a government, school, or religion, and not containing a commercial
• message.
(q) Freestanding Sign Any sign supported by structures or supports that are placed on,or
anchored in,the ground which are independent from any building or other structure. This definition
may include pole signs, ground signs and monument signs.
(r) Ground Sign Any freestanding sign greater than six(6)feet in height and supported
wholly by uprights,braces,or poles in or upon the ground and where any supports or angle irons are
enclosed in a wood,plastic,metal or other decorative form, such that the angle irons or supports are
not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the
ground.
(s) Height The height of any sign shall be the measurement from the top of the sign
cabinet, including all ornamentation and supports, to the existing grade beneath the sign.
(t) Illegal Sign Any sign placed without all required governmental approval and/or
permits at the time said sign was placed or is an existing sign which was not constructed in
accordance with the ordinances and other applicable laws in effect on the date of construction, did
not receive government approval or permits, or a legal nonconforming sign that has exceeded its
authorized amortization period.
(u) Illuminated Sign Any sign employing the use of lighting sources for the purpose of
• decorating, outlining, accentuating or brightening the sign area.
026
(v) Incidental Sign A sign,generally informational,that has a purpose secondary to the
use of the lot on which it is located,such as no parking,entrance,loading only,,telephone and
other similar directives. A sign that also includes a commercial message is not considered
incidental.
(w) Institutional Uses whose primary function is furtherance of the public health, safety
and welfare, generally, but not exclusively non-commercial in nature, including, but not limited to
the following:hospitals and similar health care facilities,airports,cemeteries,recreational clubs and
lodges, museums, theaters and similar cultural institutions, churches and similar religious
institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and
similar recreational facilities, schools and similar educational institutions, public utility facilities
other than business offices.
(x) Legal Non-Conforming Sign A sign which was legal when first erected, with all
necessary permits, but due to a change in the law it became nonconforming.
(y) Lot Any piece or parcel of land or a portion of a subdivision,the boundaries of which
have been established by some legal instrument of record,that is recognized and intended as a unit
for the purpose of transfer of ownership.
(z) Lot Frontage Those portions of a lot or building site which abut a public street. For
purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public
street (excluding an alley) shall be considered frontage.
(aa) Marquee A permanent roofed structure attached to and supported by the building
and projecting beyond the building face.
(bb) Monument Sign A freestanding sign not exceeding six (6) feet in height which is
supported by a base which extends the entire length of the sign area and is an integral part of the
design.
(cc) Multi-Faced Sign A sign with two or more sign faces where any two sign faces are
oriented such that they have an interior angle of greater than forty-five degrees(451)from each other.
(dd) Non-Commercial Signage Any signage which is not determined to be commercial
signage, as defined herein.
(ee) Non-Commercial Speech Any message which is not determined to be commercial
speech as defined herein.
(ff) Non-Structural Trim The molding, battens, caps, nailing strips, lattice, cutouts, or
letters and walkways which are attached to the sign structure.
• (gg) Obscene Signs Signage when taken as a whole, which to the average person
027
applying contemporary statewide standards,appeals to the prurient interest and as a whole depicts or
• describes in a patently offensive way sexual conduct which lacks serious literary,artistic,political or
scientific value.
(hh) Off-Site Commercial Signage Signage that is not located on the site of the business,
accommodations, services, or commercial activity served by the sign.
(ii) On-Site Commercial Signage A sign advertising the business, accommodations,
services or commercial activities provided on the site on which the sign is located.
0j) Permanent Sign Any legal sign designed or used in excess of forty-five (45) days.
(kk) Permitted Sign Signs permitted pursuant to this Article.
(11) Pole Signs A sign-wholly supported by one or more poles and otherwise separated
from the ground by air.
(mm) Prohibited Signs Signs specified in Section 9-15.003(d)of this Article or any sign
not specified in Section 9-15.005 nor in compliance with the design criteria of this Article.
(nn) Projecting Sign A sign which projects more than twelve (12) inches from the
exterior face of a building wall or facade and which uses the building wall as its primary source of
. support.
(oo) Proiect Entrance Sian An on-site sign used to identify the name of an apartment
housing complex, mobile home park, condominium subdivision or other residential subdivision.
(pp) Public Service Sign A non-commercial sign that provides general information that
benefits the public, such as electronic changeable time and temperature units. The renewal of any
part of an existing sign for the purpose of its maintenance.
(rr) Roof Sign A sign erected upon or above a roof(angled surface) or a parapet of a
building or structure, and not contained within a dormer(flat surface).
(ss) Setback Area The setback area shall be that area defined as the required minimum
yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is
designated within this Article.
(tt) Sign Any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a
person or entity,or to communicate information of any kind to the public,with the exception of the
following.
(tt.1) Such devices not exceeding one (1) square foot in area and bearing only property
• numbers, post box number, names of occupants or other similar identification on a site.
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• (tt.2) Flags and other insignia of any government not displaying a commercial message.
(tt.3) Legal notices,identification,informational or directional/traffic controlling devices
erected or required by government agencies.
(tt.4) Decorative or architectural features of buildings,except letters,trademarks or moving
parts.
(tt.5) Holiday decorations and lights.
(tt.6) Government traffic controlling devices are not considered signs for purposes of this
Article due to their distinct purpose.
(uu) Sign Area The entire area contained within the frame,cabinet or fixture, including
all ornamentation or decoration used to attract attention. In the case of pole signs,that area above the
supporting column,provided such supporting column is not decorated or displayed with advertising.
The area of signs painted on walls, individual letter signs, trough signs, and other directly
illuminated signs,shall be calculated on the basis of the smallest rectangle,circle or spherical figure
that will enclose the entire copy area of the sign. The area of any two or more faced signs or type
signs having any interior angle of more than forty-five degrees (45) (multi-faces signs) shall be the
total area of all faces or panels. If all interior angles are forty-five degrees(45) or less,the greatest
• sized panel or face shall only be counted as the sign area.
(vv) Sign Copy Any words, letters, numbers, figures, designs or other symbolistic
representation incorporated into a sign with the purpose of attracting attention to the subject matter.
(ww) Sign Face The surface of the sign upon, against, or through which the message is
displayed or illustrated on the sign.
(xx) Sign Structure Any structure that supports or is capable of supporting any sign as
defined in this Section. A sign structure may be a single pole and may or may not be an integral part
of the building.
(yy) Site A lot, or group of contiguous lots, with or without development, in single
ownership, or having multiple owners, all of whom join in an application for signage.
(zz) Street A public or private highway,road or thoroughfare which affords the principal
means of access to adjacent lots.
9-15.003 Applicability
(a) General.
(1) The provisions of this chapter are applicable to all signs constructed or altered after the
• effective date of the ordinance codified in this chapter.
U2
• (2) Nonconforming signs shall be revised to conform to the provisions of this chapter
where an entitlement for construction other than minor additions or interior alterations is occurring
or where a change of use occurs.
(3) All signs that are not specifically exempted from this chapter are subject to the
appearance review guidelines and an approved sign permit.
(4) Neon signs visible from the public right-of-way, and change in copy or materials for
existing signs requires Appearance Review by the Planning Division.
(5) The sign design standards herein are intended to be the maximum standards allowable
without an administrative use permit or conditional use permit.
(b) Permits required.
(1) Except as hereinafter provided, no sign shall be constructed, displayed or altered
without an approved sign permit. Signs are permitted under the various use classifications or
locations specified in this chapter.
(2) The application requirements,processing,review and approval for a sign permit shall
be as set forth in Section 9-15.009 of this chapter.
(3) When signs are proposed for a project subject to entitlement approval, a separate sign
g
permit is not required. The application for entitlement and sign shall include complete information
per Section 9-15.009 of this chapter, and any other information determined to be necessary for
Planning Division review.
(c) Exempt Signs.
(1) Agricultural Signs. Unlighted, with an aggregate area of thirty-two (32) square feet.
One (1) sign per street frontage.
(2) Construction Signs. With an aggregate area of forty (40) square feet, not exceeding
eight (8) feet in height. One (1) sign per street frontage.
(3) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty
(20) square feet, not exceeding eight(8) feet in height.
(4) Holiday Signs. Holiday and special event decorations,for a single holiday,maybe in
place up to sixty(60) days.
(5) Real Estate Signs. Located on a lot for sale,lease or rent. Aggregate area up to six(6)
square feet. Sign must be removed fourteen(14)days after sale or transaction has occurred. One(1)
sign per street frontage.
•
030
(6) Hazard Signs. As long as a hazard exists.
• (7) Residential Signs and Home Occupations. With an aggregate area of four(4
) square
feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an
aggregate sign area up to ten(10) square feet.
(8) Window Signs. With an aggregate area not exceeding four(4) square feet, at public
entrances.
(9) Official Government Flags. Signs, flags and notices.
(10) Window Lettering. Limited to lettering and graphics with an aggregate area not to
exceed fifty percent (50%) of the window area.
(11) Landscaped Signs. Consistent with Section 9-4.127.
(12) Safety and Directional Signs. With an aggregate area not exceeding four(4) square
feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and
pedestrian safety. To directly advance that interest, such safety and directional signs are allowed.
(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.
(14) Redevelopment Projects. Any sign program approved and entered into by the
Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent
with the General Plan of the City of Atascadero.
(d) Prohibited Signs.
(1) Off-Premises signs that direct attention to a business, service or product not sold or
offered on the premises on which the sign is located, including billboards;
(2) Abandoned Signs. A sign is abandoned where for a period of ninety(90)days or more,
there is no sign copy appearing on the sign or where the establishment to which the sign is attached
has ceased operation and where it is clear that the sign has been forsaken and deserted or where the
sign is fifty percent(50%) or more deteriorated, damaged or destroyed;
(3) Confusing signs that simulate in color or design any traffic sign,signal or which makes
use of words, symbols or characters in such a manner to interfere with, mislead, or confuse
pedestrian or vehicular traffic;
(4) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other
• similar sign,except electronic message boards displaying time or temperature or the display of non-
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• commercial notice services and free speech messages;
(5) Roof signs;
(6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.;
(7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of
displaying said sign except a sign painted directly upon, magnetically affixed to or permanently
affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard.
Such signs may contain non-commercial messages.
(8) Portable signs not permanently affixed to the ground or a building, and that are not
otherwise allowed in this chapter.
(9) Inflatable signs.
9-15.004 Sign Design Standards.
(a) Sign Faces Counted. Where a sign has two (2) faces containing sign copy,
which are oriented back to back and separated by not more than twenty-four(24)inches at any point,
the area of the sign shall be measured using one sign face only.
• (b) Wall Mounted Letters. Where a sign is composed of letters individually mounted or
painted on a building wall, without a border or decorative enclosure, the sign area is that of the
smallest area within which all letters and words can be enclosed.
(c) Three-Dimensional Signs. Where a sign consists of one or more three-dimensional
objects such as balls,cubes,clusters of objects,or sculptural or statute-type trademarks,the sign area
shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed,
when viewed from a point where the largest area of the object(s) can be seen.
(d) Sign Materials and Design. Signs shall utilize materials,colors,and design motifs that
are compatible with the architecture and color of the buildings on-site and adjacent properties. (See
Appearance Review Guidelines)
(e) Sign Messages. Sign messages shall be limited to the identification of the business or
the type of activity conducted on the premises. Sign messages shall use a minimum of graphics,
letters, numbers etc., to convey the business at the subject location.
(f) Sign Programs. A master sign program must be provided for locations with three(3)or
more tenants or businesses.
(g) Franchise and Logo Signs. Businesses that are part of a franchise or corporation may
• not exceed the maximum sign area allowed in their zone including franchise or logo signs.
032
(h) Monument Signs. All monument signs must have either landscaping or decorative
• hardscaping at their base to soften the appearance and incorporate the signs into their
surroundings.
(i) Color banding: The installation or painting of high croma color banding on buildings
and structures shall be defined as a sign and shall be subject to the same size
restrictions as other signs.
9-15.005 Allowed Signs.
(a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site
is one hundred twenty-five (125) square feet. This sign square footage may be divided by
using more than one type of sign,provided that the aggregate sign square footage allowed per
sign does not exceed the following standards:
(1) Wall sign. One(1)wall sign per building face with public street frontage orap rking lot
frontage (except those facing a residential zone)per business(up to two (2)businesses at the same
location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of
business frontage or forty (40) square feet, whichever is less.
(2) Monument Sign. One (1)monument sign per two hundred(200) lineal feet of public
street frontage per site (except streets adjacent to a residential zone). Maximum size of monument
• sign is not to exceed sixty(60)square feet, and a maximum height of ten(10) feet from the natural
grade.
(3) Suspended Sign. One(1)suspended sign,with an aggregate area not exceeding fifteen
(15) square feet, and a minimum ground clearance of eight(8) feet or as regulated by the Uniform
Sign Code.
(4) Projecting Sign. One (1)projecting sign with an aggregate area not to exceed fifteen
(15) square feet. Minimum ground clearance must be eight(8)feet,or as regulated by the Uniform
Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way.
(5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall
sign per business street frontage(except streets adjacent to a residential zone). The aggregate area of
tenant signs is not to exceed one(1) square foot per lineal foot of business frontage, or twenty(20)
square feet,whichever is less per tenant. Centers may have one(1)center identification monument
sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60)
square feet. Major tenants (ten thousand(10,000) square feet or more)may have one hundred fifty
percent (150%) more wall sign area.
(6) Freeway signs. In addition to the signs allowed above, sites located adjacent to
Highway 101 or a Highway 101 frontage road may be authorized,through administrative use permit,
approval to use a freeway oriented sign as provided below:
•
033
(A) Businesses located on freeway frontage of Highway 101, and that are a restaurant,
• service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted
freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of
freeway oriented building frontage up to one hundred fifty(150)square feet,whichever is less. Pole
mounted signs shall not exceed fifty(5 0)feet in height or the minimum height necessary for effective
visibility(see Section 9-15.006(c)).
(B) Where the principal use is planned shopping,office or industrial complex with five(5)
or more tenants,a building mounted freeway oriented sign may be allowed with a maximum area not
to exceed one(1)square foot for each lineal foot of building frontage up to sixty(60)square feet per
principal tenant, whichever is less.
(C) Where the building area of a single tenant building exceeds ten thousand (10,000)
square feet,a building mounted freeway oriented sign may be allowed with a maximum area
not to exceed one (1) square foot for each lineal foot of building frontage up to sixty(60)
square feet, whichever is less.
Where the building area of a single tenant building is less than ten
thousand (10,000) square feet, a building mounted freeway oriented sign
may be allowed with a maximum area of forty (40) square feet with a
maximum letter height of 14-inches.
Freeway wall signs shall be constructed of individual three-dimensional
letters or logos. Rectangular box or cabinet signs shall not be allowed
along the US 101 frontage. Signs may be internally illuminated pan
channel letters.
(7) Gas Station Canopies. In addition to the signs allowed above a maximum of 20 square
feet of signs, logos and or color banding shall be permitted on no more than two(2)sides of a pump
island canopy structure. The remainder of the pump canopy fascia shall be of an architectural
treatment consistent with site architecture.
(8) Off Site Subdivision Signs. Subdivision tracts of 20 or more lots may be permitted to
install off site directional advertising signage subject to the approval of an administrative use permit
subi ect to the following conditions
(A) The subdivision tract shall be located within the City of Atascadero
(B) No more than three(3)signs shall be allowed with a maximum height of 15-feet and
60-square feet of sign
(C) No flags, banners or other decorations shall be affixed to the sign.
(D) The signs shall not be illuminated.
• (E) All signs shall be located on private property with written permission from the
034
property owner provided to the City.
• (F) A building permit shall be obtained for the signs.
(G) The suns shall be removed prior to final occupancy of the last unit in the tract or
after a period of three(3)years which ever is less. The applicant may an_ my annually
for a one-year time extension for active construction projects.
(b) Downtown Districts
1. Applicability. Signs within the downtown zoning districts are subject to all applicable
requirements of the City's Sign Ordinance, except as provided by this Section.
2. Design Review. The design,materials,illumination and location of all signs shall be reviewed
for consistency with the Downtown Design Guidelines.
3. Maximum allowed sign area. Each business shall be allowed a total of one square foot of sign
area per linear foot of the street frontage occupied by the business,with a minimum total of 20
square feet allowed for each business, and a maximum total sign area of 50 square feet.
4. Standards for specific types of signs.
i. Wall signs.
a. Maximum number. Each business may have one wall sign,except corner buildings,
which may have two. A single facade may have a wall sign or awning sign
(Subsection D.2), but not both.
b. Height. Wall signs shall be located below the top of the parapet or roofline on single
story buildings and below the second floor sill on multi-story buildings.
c. Placement and materials. The sign may be painted directly on a wall, formed of
individual letters attached to a wall, or consist of a sign panel attached to the wall,
provided that the design is consistent with the architectural style and features of the
building fagade. Internally illuminated"can" signs are not allowed.
ii. Awning signs. Awning signs may be used instead of allowable wall signs on the same
building facade. A logo/insignia or name may be painted, silk-screened, or appliqued
onto the awning.
a. Sign area. The area of signage on an awning shall not exceed 25 percent of the area
of the awning face.
b. Projection and clearance. Awnings may project a maximum of five feet into the
public right-of-way and shall maintain a minimum vertical clearance from the ground
of eight feet.
c. Design. Awnings shall be securely attached to the building and well maintained. No
• supports or poles may be located in the public right-of-way. Awnings shall
035
complement the building they are attached to.
• iii. Projecting signs. Projecting signs may be allowed as follows.
a. Maximum number and area. Each business within the Downtown is allowed a
projecting sign in addition to the wall signs allowed by this Section.
(1) If the projection is two sided, each side of the sign shall be used in the total
allowable area calculation (Subsection C.).
(2) No projecting signs shall exceed nine square feet in area per side.
b. Projection and clearance. Projecting signs may extend five feet into the public right-
of-way and must maintain a minimum vertical clearance of eight feet.
c. Alternative use of decorative pennants. Decorative individual pennants(not strings
of pennants)maybe used as an alternative to an allowed projecting sign. Only fabric
pennants may be used. The image may be painted,silk screened or appliqued on the
fabric. Any business logo or insignia shall be included within the total allowable
projecting sign area. All decorative pennants shall be well maintained and of
professional quality.
• iv. Monument signs. Uses occupying over 10,000 square feet may be allowed a monument
sign in compliance with the Sign Ordinance,in addition to the sign area and types of signs
allowed by this Section.
v. Window graphics. Window graphics shall not exceed 20 percent of the storefront
window area, or 20 square feet, whichever is less. Window graphics are not counted as
part of the maximum sign area allowed a business.
vi. Multi-Tenant Directory Signs: Multi-tenant directory signs shall not exceed 72-inches
per tenant. The multi-tenant directory signs are allowed in addition to the sign area and
types of signs allowed by this Section, provided that the design is consistent with the
architectural style and features of the building fagade.
vii. Building Name Sign: A building name sign shall not exceed 20 square feet. The building
name sign shall be limited to buildings with at least three tenants and shall identify the
building, not a business within the building. The building name sign is allowed in
addition to the sign area and types of signs allowed by this Section, provided that the
design is consistent with the architectural style and features of the building fagade.
(c) Public and recreation Zones. The following signs are allowed in the P, and L Zones,
provided that the aggregate area of signs per site does not exceed one hundred (100) square feet.
• (1) Wall Sign. One(1)wall sign for each public street frontage for business or tenants with
036
a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40)
• square feet, whichever is less.
(2) Suspended Sign. One (1) suspended sign for each public street frontage, with a
maximum area of ten (10) square feet for each business or tenant.
(3) Monument Sign. One (1) monument sign for each business per three hundred (300)
lineal feet of public street frontage. Monument signs may have a maximum sign area of forty(40)
square feet, and a maximum height of five (5) feet from the natural grade.
(d) All Zoning Districts. The following signs may be allowed, either by conditional use
permit or administrative use permit, as specified, in all zoning districts.
(1) Community Identification Sign. Community identification signs may be allowed, by
conditional use permit, on arterial streets entering the City with a maximum area of eighty (80)
square feet and a maximum height of twelve(12)feet. Such signs may include the name of the City,
names of civic or religious organizations,and names and locations of City facilities. Such signs shall
not contain the names of businesses of commercial products.
(2) Information Kiosks. Kiosks for the permanent and/or temporary display of
information including community and civic activities, and advertising for local commercial
establishments may be allowed. Approval of the size, location, and maintenance requirements for
• such kiosks shall be established through administrative use permit.
(3) Changeable Copy Sign.Approval of the size,location,purpose,design,and content of
changeable copy signs shall be by conditional use permit or administrative use permit as provided in
Section 9-15.003 (d)(7).
(4) Public Transit Facilities. At the discretion of the Community Services Director,
advertising signs may be placed on buses and designated bus stop benches used in connection with a
public transit program provided by the City of Atascadero. Signs on buses shall be limited to one on
each side,neither of which exceeds six(6)square feet. Signs on benches shall be limited to one sign
which shall be placed on the back of the bench and which shall not exceed ten(10)inches by thirty-
six (36) inches. Additional signs and/or modification signs associated with public transit facilities
may be approved through conditional use permit process.
9-15.006 Exceptions to Sign Standards.
The sign area or other limitations of this chapter may be modified, increased or
decreased through approval of an administrative use permit. In reviewing an administrative use
permit, the following criteria shall be considered:
(a) The need for such signing is based on the purposes set forth in Section 9-15.001; and
• (b) The opportunity to combine signs for more than one use on a single sign structure has
037
• been considered; and
(c) For freeway oriented signs,the sign area and height are the minimum needed to achieve
adequate visibility along the freeway due to highway ramp locations and grade differences; and
(d) Conformance with all other applicable codes and ordinances of the City,including,but
not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance
review guidelines
9-15.007 Sign Construction Standards.
(a) Illumination. Signs shall be indirectly lighted by continuous, stationary,
shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to
be shielded so as not to be directly visible from off-site.
(b) Code Standards. All signs established in this City must comply with all current
editions of the Uniform Building Code, Uniform Electrical Code, and Uniform Sign Code for
anchoring,foundations,windloads,illumination,and design standards. Awning Signs and projecting
signs require structural plans to be done by a licensed architect or civil engineer.
9-15.008 Sign Maintenance.
• All signs established in this City are subject to this code regarding safety,maintenance,and
repair. All signs are to be properly maintained in a safe and legible condition at all times.
Any sign that is fifty percent(50%)or more damaged or deteriorated,must be repaired and
brought into conformance with this chapter will be presumed to be abandoned as defined in
Section 9-15.003(d)(2).
9-15.009 Sign Permit Application Package.
(a) Permit Requirements. Applications for a sign permit for the establishment,
alteration or relocation of a sign shall be made to the City, and shall include the following items for
processing:
(1) Sign Application Form. Include the name and business address of the applicant and/or
property owner and name and address of agent if applicable, assessor parcel number, legal
description, type and number of sign(s), applicant and property owners signature and agents
signature.
(2) Site Plan. Show location of all existing structures on site. Show location of proposed
sign(s). Note distance of monument signs to structures and public right-of-way,if applicable. Show
any grading required for monument signs.
(3) Elevations. Provide drawings of all building elevations, specifying all dimensions of
• signs,including lettering,length,height,width and depth of projecting letters if applicable. Provide
038
. building elevations showing location of existing and proposed signs on walls,including dimensions
to building structural features such as roof, windows, doors and finished grade. If monument sign,
show plan and side views of proposed sign. Also provide all structural support elevations and
details.
(4) Colors and Materials Board. Provide samples of proposed colors and materials for
signs. If a master sign program is required,provide colored drawings for proposed signs on building
wall elevations. Include manufacturers color and materials names.
(5) Structural Calculations. When applicable, provide all structural calculations by a
licenses architect or civil engineer.
9-15.010 Legal Nonconforming Signs.
The use of a legal nonconforming sign may continue as follows:
(a) Free-Standing and Attached Signs. A legal nonconforming sign shall not be:
(1) Increased in area;
(2) Moved from its location on the effective date of the ordinance codified in this title
unless required by law or pursuant to this title;
(3) Be provided with increased or intensified lighting;
(4) Changed to an advertisement for a business not occupying the premises or a product not
sold on the premises.
(b) Sign Copy. The advertising copy on a legal nonconforming sign may be changed,
except as provided by subsections (a), (c) and (d) of this section.
(c) Discontinued Use. If the use of a building or land associated with a legal
nonconforming sign is discontinued for a period of three(3)months or more,any signing except for
an off premises sign shall thereafter conform to the provisions of the chapter.
(d) Public Nuisances. Any nonconforming sign which is found to present danger to the
public or becomes abandoned due to disrepair or lack of proper maintenance may be declared a
public nuisance and abated as set forth in Chapter 9-8 (Enforcement).
(e) Destroyed Signs. If a legal nonconforming sign is destroyed to the extent of fifty
percent(50%)or more of its replacement cost prior to its destruction by fire,explosion or act of God,
it may be restored only if it is brought into full conformance with the provisions of this chapter. If
the sign is damaged to the extent of less than fifty percent(50%) of its replacement cost, it may be
restored to its former legal nonconforming status.
•
03G
• 9-15.011 Code Enforcement
The provisions of this chapter shall be enforced pursuant to Section 9-8.101 et
seq. of Title 9.
9-15.012(a) Private Placement on Right-of-Way
Time Period. Temporary noncommercial signs may be displayed by or with the permission
of the property owner up to sixty (60) days before and ten (10) days after any official local, state,
regional, or national authorized election. Such signage may carry any form of noncommercial
message, consistent with this Article.
9-15.012(b) Sign Area
The maximum allowable sign area is six (6) square feet per sign.
9-15.012(c) Height.
Maximum height of freestanding signs is five (5) feet.
9-15.012(d) Posting on Structures
. All signage within the public right-of-way shall be self-supporting and freestanding. No
temporary sign shall be posted on any streetlight, utility pole, post, pole, or structure supporting a
traffic-control sign or signal, fire hydrant, or similar structures in the public right-of-way.
Safety of Placement. Temporary signs posted in the public right-of-way shall meet the
following criteria:
(1) When located in the Corner Clear Zone,the sign shall not exceed thirty(30)inches in
height.
(2) Signs shall not obstruct a motorist's view of pedestrian or vehicular traffic, traffic-
control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic.
(3) Signs shall not impede a pedestrian's free use of the sidewalk.
(4) Signs shall be securely affixed to the property on which they are placed.
(5) Signs may not be posted without the permission of the property owner.
(2) No permit nor deposit is required for the posting of temporary signs on public property
by the City.
•
040
• 9-15.013 Private Placement
Any sign placed on property owned by the City of Atascadero without the permission of the City may
be removed by the City without prior notice. This section shall not be interpreted to violate the First
Amendment to the Constitution of the United States.
SECTION 2. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m.on the 31 st day after it is adopted. Within fifteen(15)days
after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the City of Atascadero.
SECTION 3. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on
, and adopted by the following vote as an ordinance of the City of Atascadero at a regular
meeting of the City Council on , 2002.
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Signed:
J. Mike Arrambide
Mayor of the City of Atascadero
ATTEST: APPROVED AS TO FORM:
Marcia Torgerson, City Clerk Roy A. Hanley, City Attorney
is
04
ITEM NUMBER: A-4
DATE: 06/11/2002
1x18
1979
\ C"��//
Atascadero City Council
Staff Report - Community Services Department
Food and Beverage Concessions and Catering Agreement
Pavilion on the Lake
RECOMMENDATION:
Council authorize the City Manager to enter into a three-year agreement with Vintage Cafe, a
partnership between Glenn Olher and Cathy Johnson to operate the Pavilion Concessions Stand/
Caf6 and to provide on-site catering services at the Pavilion.
DISCUSSION:
• Background: Currently the Pavilion on the Lake is without an on-site caterer and cafe operator.
The existence of an on-site caterer and caf6 operator provides a useful benefit to Pavilion renters,
particularly for ongoing meetings, seminars and conferences. In addition, an operating on-site
Caf6 benefits general park users and provides additional income to the City through a portion of
the proceeds generated.
An effort to secure an on-site caterer and caf6 operator last year was fruitless so all Pavilion users
have had to secure outside food service for their functions and there was no food and beverage
concessions available for park users. It is the opinion of City staff that an on-site Caterer and
Caf6 operator still has the potential benefit to the City financially. Annual City revenue from
this arrangement has generated between a low of$1,365 in FY 1997-98 and a high of$10,599.05
in FY 1995-96. In addition, recent unsolicited inquires by the public about the Pavilion Caf6
prompted staff to advertise for proposals from the public. Proposals.were submitted by the
following:
1. Vintage Caf6, a partnership between Glenn 01her and Cathy Johnson.
2. Players Restaurant, Cindy Thompson
3. Erica Fletcher, Sole Proprietor. (Withdrew from consideration prior to interviews)
042
ITEM NUMBER: A 4
DATE: 06/11/2002
• Discussion: On Thursday, May 16, 2002, The Atascadero Parks and Recreation Commission
interviewed and evaluated the two applicants. The graded selection/interview process resulted in
the following scores:
Applicant Points
1. Vintage Cafe 273
2. Players Restaurant 204
Both applicants have considerable food preparation and catering experience and have operated
established restaurants in Atascadero. Both applicants have the necessary capabilities to provide
the desired food service at the Pavilion, however Players Restaurant is not available to operate
the Pavilion Concessions Stand/Cafe at this time. In addition, Players Restaurant indicated that
they would be somewhat selective in pursuing Catering opportunities at the Pavilion. On the
other-hand, Vintage Caf6 has proposed to operate the Pavilion Concessions Stand/Cafe on a
seasonal basis and to provide on-site catering to all interested Pavilion rental groups.
As a result of the primary differences described above, City staff and the Parks and Recreation
Commission recommend that the City Council authorize the City Manager to execute a three year
agreement (Attachment #1) with Vintage Cafe, a partnership between Glenn Olher and Cathy
Johnson to operate the Pavilion Concessions Stand/Cafe and to provide on-site catering services
at the Pavilion. In exchange, Vintage Cafe will pay the City of Atascadero a flat monthly fee of
• $150.00, 15% of gross sales from their monthly on-site catering business and 7.5% of all of their
monthly off-site catering business.
Awarding the Pavilion on the Lake Food and Beverage Concessions and Catering Agreement to
Vintage Cafe will not in any way, restrict the ability of other caterers and individuals to rent and
use the Pavilion Kitchen in association with events conducted at the Pavilion.
FISCAL IMPACT:
Awarding the Pavilion on the Lake Food and Beverage Concessions and Catering Agreement to
Vintage Cafe, a partnership between Glenn Olher and Cathy Johnson will result in an
undetermined amount of revenue for the City.
ATTACHMENT:
Attachment#1- Draft Agreement
•
043
• City of Atascadero
AGREEMENT FOR SERVICES BY CONTRACTOR
PAVILION FOOD AND BEVERAGE CONCESSIONS AND CATERING OPERATION
June 12, 2002 - June 31, 2005
This agreement is made upon the date of execution, as set
forth below, by and between "Cathy Johnson & Glen Ohler"
hereinafter referred to as "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 :
1.00 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 the services specified in
"Description of Services" attached hereto as "Exhibit A"
hereby incorporated herein.
iContractor 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 a flat monthly rental payment and a percentage of the
total gross earnings monthly of all monies from sales
received by the Contractor from any use of the premises
described in Schedule B of this contract, except from the
sale of beer and wine. Monies received by the contractor
from food and beverage sales and catering opportunities on
City premises are also subject to the 15% of total gross
earnings . Monies received by the contractor from catering
opportunities not located on City premises will be subject
to 7 . 5% of total gross earnings . Gross earnings shall not
include any sales or excise taxes imposed by any
governmental entity.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
1
044
• City of Atascadero
Payment to the City of Atascadero of the monthly rent 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, Room 107, Atascadero, California (Attention:
Recreation Registration) .
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 operations is the concession
facility located at Atascadero Lake Park and Pavilion, 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
Administrative 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.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
2
0
• City of Atascadero
1 . 07 CONDITIONS OF PREMISES: The taking of possession of the
subject premises by Contractor shall, in itself, constitute
acknowledgment that the premises are in good and tenable
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 (or designee) of the
Department of Community Services . 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 Department of Community Services prior to
installation. All signs must meet all requirements and
specifications as set forth by the City.
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 and 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 within 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.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
3
046
• City of Atascadero
2.00 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 Con-
tractor' 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 (or designee) of the Department of Community
Services .
2 . 03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License, A San Luis Obispo County Health Department
permit for food sales, and a Board of Equalization
• Certificate.
2 . 04 TARE : 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
first class manner to the satisfaction of the Department of
Community Services throughout the term of this contract .
Contractor shall have a right to use the Pavilion kitchen
and all City owned appliances and equipment within the
kitchen area providing the kitchen has not been reserved for
use by the City of Atascadero and/or rented to another party
or company for use.
The City shall supply the Contractor, in writing, 7 days
prior notice when it has rented the kitchen to others and
for how long.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
4
047
• 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 the
Pavilion Concession Stand 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 work-
er' s compensation and other employee benefit. 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 any of Contractor and Con-
tractor' s employees or agents .
2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its elective and appointive boards, of-
ficers, 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 opera-
tions be by Contractor or by any one or more persons direct-
ly or indirectly employed by, or acting as agent for, Con-
tractor; 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
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
5
048
• City of Atascadero
aforesaid hold-harmless agreement, because of the
acceptance by City, or the deposit with City by
Contractor, of any of the insurance policies
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 she/he has obtained all
insurance required under this section and such
insurance shall have been approved by City as to form,
amount and carrier:
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 contract 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 contract, whether such operations be by Contractor
or by anyone directly or indirectly employed by
Contractor, the amounts of such insurance shall be as
follows :
(1) Public Liability Insurance.
In an amount not less than $500, 000 per injury,
including, but not limited to death to any one
person and, subject to the same limit for each
person, in an amount not less than $1, 000, 000 on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $50, 000 for damage
to the property of each person on account of any
one occurrence.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
6
049
• City of Atascadero
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $500, 000 for
each person in any one accident and $1, 000, 000 for
injuries sustained by two or more persons in any
one accident . Property damage liability of
$50, 000 for each accident.
(4) worker's Compensation insurance.
In the amounts required by law, if applicable.
b. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage
of the insurance required, and adequate legal assurance
that each carrier will give City at least thirty (30)
days' prior notice of the cancellation of any policy
during the effective period of this contract . The
certificate or policy of liability of insurance shall
name City as an additional insured with the Contractor.
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 interior of the subject premises, including
flooring, exposed plumbing, lighting lamps and wiring,
paint and finish; (b) any windows; (c) the outside deck
area; (d) any personal property of the Contractor
situated in or upon the subject premises; (e) all
City-owned kitchen appliances, including but not
limited to the stove, grill, dishwasher, ice machine,
refrigerator and freezer; (f) any heating, ventilating
or air conditioning equipment installed by Contractor
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 or the building in which they are
PAVILION ON THE LAKE
FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
•
7
050
• City of Atascadero
situated resulting from or attributable 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 . To provide janitorial services for the interior of
the subject premises.
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 the monthly payment payable
by the Contractor.
2 . 13 UTILITIES: The City shall pay the reasonable costs for
the actual utilities, including water, gas, and heat,
light and power supplied to the subject premises.
Contractor shall make all arrangements for and pay the
charges when due for telephone and alarm services.
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.
3.00 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 space at
Atascadero Lake Park Pavilion for use by the Contractor
while performing the services described within this
contract.
4.00 TERMINATION OF AGREEMENT
4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision 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
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
8
05i
• City of Atascadero
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 contract to which Contractor' s services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agree-
ment or materially breach any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4 . 04 TERMINATION: This Agreement shall terminate on June 1,
2005, 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 .
4 . 05 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 therefrom, as may be
necessary to restore the subject premises to good condition
and repair, excepting only reasonable wear and tear, before
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.
5.00 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.
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
9
i�5�'
• City of Atascadero
5 . 02 NO WAIVER: The waiver of any breach by any party of
any provision of this agreement shall not constitute a con-
tinuing 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 pre-
vailing 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 act 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 and performance of
the act during the period of delay will be excused; pro-
vided, 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 dif-
ficult or impossible solely because of the financial condi-
tion 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 deliv-
ered 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:
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
10
U53
• City of Atascadero
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Community Services (805) 461-5000
B. CONTRACTOR
Glen Ohler Cathy Johnson
5479 Ensenada Ave. 410 Abramson Rd.
Atascadero, CA. 93422 P. 0. Box 1568
(805) 462-2949 Templeton, CA. 93465
(805) 550-2098
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, ad-
ministrators, 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 legis-
lative 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 .
PAVILION ON THE LAKE
FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
11
U54
• City of Atascadero
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.
Executed on June 12 , 2002 , at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Torgerson Wade McKinney
City Clerk City Manager
Approved as to form:
By:
Roy Hanley, Glen Ohler
City Attorney CONTRACTOR
By:
Cathy Johnson
CONTRACTOR
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
12 U�5
• 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 selling, but not
limited to, over-the counter items such as soft drinks,
candy, snacks, hot dogs, popcorn and cold sandwiches.
B. Furnish and install at his 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 Pavilion Coordinator and/or Director of Community
Services . Kitchen storage to be determined by Pavilion
staff based on availability. Pavilion/City of Atascadero not
responsible for lost or stolen items in cafe or kitchen.
Contractor responsible to return all items to their proper
place after catering events. Staff not responsible for
items left after event.
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 .
G. Beer and wine may be sold, providing that all state and
local laws regulating the sale of alcoholic beverages are
strictly adhered to. Procedures must be established and
maintained to ensure that alcohol is not served or sold to
minors . The City may revoke the privilege to sell alcohol
if alcohol related problems occur related to sales from the
premises .
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
13
056
• City of Atascadero
H. An Ice Cream/Food Cart may be used in Atascadero Lake Park,
weather permitting.
i
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
14
057
• City of Atascadero
EXHIBIT B
CONTRACTOR PAYMENT SCHEDULE
Contractor will pay the City during the terms of the agreement,
June 12, 2002 until June 31, 2005 :
MONTHLY FLAT FEE- $ 150/per Month
%OF GROSS OF ALL ON-SITE SALES AND CATERING- 15%
(On-site Sales and Catering will be defined for the purposes of this
agreement as any City-owned and operated facility. )
% OF GROSS OFF-SITE CATERING SALES- 7.5%
(Off-site Catering will be defined for the purposes of this agreement
as any catering function served at any facility that is not City-owned
or operated. )
•
PAVILION ON THE LAKE
• FOOD AND BEERAGE CONCESSIONS AND CATERING AGREEMENT
15
ITEM NUMBER: A-5
_ DATE: 06/11/2002
Atascadero City Council
Staff Report- Community Services Department
Request to plant a Memorial Tree at Ataseadero Lake Park
RECOMMENDATION:
Council approve the request of the family of Daniel E. Carney to plant a Memorial Tree at
Atascadero Lake Park.
DISCUSSION:
The familyof Daniel E. Carne a recently deceased Atascadero resident has requested that the
Y� Y � q
City of Atascadero grant permission to plant a memorial tree in his honor in Atascadero Lake
Park. (Attachment#1)
The Policy on the Naming of Public Buildings, Parks and Other Public Facilities, Section II, E,
includes a provision to be followed for the recognition of individuals. This section reads as
follows:
"In addition to the naming of public facilities by using the criteria established above,the City can
provide for the recognition of individuals, either deceased or living, by the placement of
memorial objects (symbols) such as living trees, public benches, rocks, memorial flagpoles,
sculptures, etc., at public facilities. The placement and identification of these recognition
symbols will be at the discretion of the Parks and Recreation Commission and the City Council
on a case-by-case basis."
Staff has identified locations in Atascadero Lake Park for the planting of such Memorial trees.
(Attachment #2) The family of Daniel E. Carney will cover all related costs to the planting of
this tree.
On Thursday, May 23, 2002, the Parks and Recreation Commission unanimously recommended
is
to the City Council, approval of this request to plant a Memorial Tree at Atascadero Lake Park.
UJ� �,
ITEM NUMBER: A-5
DATE: 06/11/2002
FISCAL IMPACT: None.
ATTACHMENTS:
Attachment I- Letter from Cynthia Carney Todd
Attachment II-Map of Atascadero Lake Park Memorial Tree Planting Area
•
•
060
RRECOVED
APR 1 9 2002
COMMUNITY DEVELOPMENT
. s .
April 16, 2002
City of Atascadero
Planning Department
6500 Palma Avenue
Atascadero, California 93422
Gentlemen:
To honor our father, Daniel E. Carney, Sr., who passed away on April 8, 2002, my
brothers, sister and I would like to donate a tree to an Atascadero Public Park. We were
advised to submit a written request to you in order to get a permit.
Please consider this letter a formal request for permission to donate a living native tree to
the City and plant it in our father's memory.
• If you have any questions, my telephone number is (562) 806-6495. Please respond at
your earliest convenience.
Sincerely,
Cyra Carney Todd
7445 Cherokee Drive
Downey, California 90241
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ITEM NUMBER: A-6
DATE: 06/11/2002
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Atascadero City Council
Staff Report - Community Services Department
Agreement for the disposition
of surplus City vehicles -
Ken Porter Auctions
RECOMMENDATION:
Authorize the City Manager to execute the draft one-year agreement with Ken Porter Auctions to
sell surplus City vehicles.
DISCUSSION:
• The City of Atascadero does not currently have an arrangement to surplus City vehicles. As a
result, a growing number of surplus vehicles have accumulated in the Public Works Yard.
Currently twenty-one vehicles are stored at the Public Works Yard. The surplus vehicles were
previously approved for disposition by the City Council. The vehicles no longer operate as a
result of collision damage or mechanical failure, are beyond the allowable mileage limits for
Safety vehicles,or are no longer of value for specified City services.
City staff distributed Requests For Proposals (RFP) from Auction Services that possess the
appropriate State licensing for the disposition of these surplus vehicles. RFP's were sent to six
Auctioneer Companies, two of which submitted proposal forms by the deadline. The two
companies submitting proposals were:
A. West Coast Auctioneers, Templeton CA
B. Ken Porter Auction Company, Torrance CA
Both applicants are qualified, have the necessary licensing and proposed the same fee for this
service, 25 percent of gross receipts from an on-site surplus vehicle auction. Ken Porter
Auctions proposed an alternative arrangement to transport the surplus vehicles to their auction
facilities in Torrance, CA and auction them off as part of a regularly scheduled auction. The fee
to the City for this service will be 4.95% per vehicle and a transportation fee between $25.00 to
$80.00 per vehicle depending on the size and type of vehicle. Under this arrangement, Ken
Porter Auctions will be responsible for the Safety and Smog checks.
063
ITEM NUMBER: A-6
DATE: 06/11/2002
• Staff recommends this alternate proposal submitted by Ken Porter Auctions for the following
reasons:
1. The vehicles will be immediately removed from City premises, freeing the space for
other purposes.
2. The City of Atascadero will not be responsible for the Smog and Safety checks, which
would require up front costs.
3. The regularly scheduled auctions in Torrance attract significant numbers of buyers,
potentially increasing the price paid for the City's surplus vehicles.
Staff recommends that the City Council authorize the City Manager to execute the draft one-year
agreement with Ken Porter Auctions to sell surplus City vehicles.
FISCAL IMPACT:
Awarding this Agreement to Ken Porter Auctions will result in an undetermined amount of
revenue for the City.
ATTACHMENT:
Draft Agreement
�644r
•
PROPOSAL
FOR
AUCTION SERVICES
FOR VEHICLES AND EQUIPMENT
AND THE
LIQUIDATION OF MISCELLANEOUS SURPLUS
for
City of Atascadero
Quotation/Proposal
Auction Services
May 22, 2002
From gen Porter Auctions
065'
PROPOSAL
FOR
AUCTION SERVICES
FOR VEHICLES AND EQUIPMENT
AND THE
LIQUIDATION OF MISCELLANEOUS SURPLUS
Consignor: City of Ataseadero May 22, 2002
Geoff English
Community Services Manager
6500 Palma Avenue
Atascadero, CA 93422
QUOTATION/PROPOSAL
1.0 PURPOSE -Ken Porter Auctions has provided creative options for the disposal of surplus
vehicles, equipment and office furniture since 1962. Through our 40 years of experience,
we have developed many of the techniques used throughout the auction industry today.
We provide the most effective and efficient manner for investment recovery of vehicles,
heavy equipment, and other miscellaneous surplus.
Ken Porter Auctions has a highly trained staff with many years' experience. We oversee
every phase of the auction process and are personally available to answer questions from
our clients.
2.0 OBJECTIVES -Ken Porter Auctions objectives are to:
2.1 Maximize investment recovery of surplus vehicles, equipment, and surplus
miscellaneous,while utilizing open, competitive sale methods;
2.2 Maintain a professional,business-like and community-oriented posture to benefit our
client, the tax payers of the City of Atascadero; and
2.3 Attract highly qualified and motivated buyers and sell to the highest registered bidder.
3.0 SCOPE OF SERVICES - The following items will be the minimum responsibilities of
Ken Porter Auctions.
3.1 Maintain a permanent auction facility for conducting auctions to the public.Ken Porter
Auctions' facility is located in the heart of Southern California and provides easy
access to these buyers throughout the state. Our permanent auction facility is
• conveniently located three miles from the 405, San Diego freeway, and 110, Harbor
066
freeway interchange, in the City of Torrance, at 22800 Normandie Ave. It is easily
• accessible and also just 25 minutes from the Los Angeles International airport.
3.2 If requested by the City of Atascadero,Ken Porter Auctions will be responsible for
transportation, from possible multiple sites (within the City of Atascadero), of all sale
items to our permanent auction facility. The maximum response time following a
request for service from the Consignor shall be two (2) working days.
3.3 Ken Porter Auctions will be responsible for all pre-auction advertising, preparation and
expense including,but not limited to,printing and mailing the auction brochures, ads in
trade publications and regional and local newspapers, which includes the Los Angeles
Times. (See Item 5.1 for details).
3.4 Ken Porter Auctions shall be responsible for all sales planning (See Item 5.2 for
details).
3.5 Ken Porter Auctions shall be responsible for all labor, materials, equipment and
accessories needed for conduct of the sale. We hold all necessary licenses and permits
and our auctions are conducted in accordance with all applicable laws.
3.6 Ken Porter Auctions shall account for all sales revenues resulting from any sales, and
to disburse any funds from such sales within ten(10) working days from the close of
• the sale. The Consignor's designee shall receive as a minimum, the following reports
within a ten day time frame following the sale (See Item 5.4 for details).
3.6.1 A copy of all successful bidder's Invoices on Consignor's items to include bid
number, indicated name, address and phone number.
3.6.2 A detail report by consigned item to show Sale Price, each and every fee or
commission with a net Total Due the Consignor.
3.6.3 A summary letter with your check showing the totals of all items of Sale Price,
each fee or commission and the Total Due.
3.7 In the event any vehicles or equipment are not purchased at a sale, all such items, unless
otherwise directed by Consignor, will be retained and re-entered into the next auction
event conducted by Ken Porter Auctions on behalf of Consignor. This re-entry will be
conducted at no cost to Consignor with the same conditions of sale as if entered for the
first time. Unless agreed to by Ken Porter Auctions,miscellaneous items will be
offered only once, with unsold items disposed of as we best determine.
3.8 Ken Porter Auctions agrees to video tape each vehicle auction event, recording from a
position that will provide a reasonable visual and audio quality for review. In the event
• any individual or authority or the Consignor should request a viewing of such after the
event, you shall provide a viewing or copy of the videotape immediately upon request.
067
4.0 INSURANCE - Before commencement of the work, upon request,Ken Porter Auctions
• shall submit Certificates of Insurance evidencing the appropriate coverage for the period of
- the contract, issued by companies which have been approved to do business in the State of
California by the Department of Insurance, and which hold a current policy holder's
alphabetic and their financial size category rating according to the current Best's Key Rating
Guide, insurance in the following forms of coverage and minimum amounts specified:
4.1 A policy of Worker's Compensation in statutory amounts and Employer's Liability
coverage for no less than one million dollars ($1,000,000)per occurrence for all
employees of Contractor engaged in services requested herein.
4.2 Commercial General Liability insurance written on an "occurrence" basis and in
an amount of not less than$1,000,000 each occurrence and $2,000,000 aggregate.
4.3 Automobile Liability Insurance covering owned and non-owned and hired automobiles
in an amount not less than$1,000,000 each occurance and $2,000,000 aggregate.
4.4 Garage Liability Insurance covering owned and non-owned and hired automobiles in an
amount not less than $1,000,000 each occurance and $2,000,000 aggregate.
4.5 %n Porter Auctions will be responsible for maintaining each vehicle picked up by it,
or delivered to the auction site, in the same condition as when it was received.
• In the event that vehicle is damaged, lost, stolen, or an accident occurred,Ken Porter
Auctions will either repair the vehicle at no cost to Consignor or pay Consignor the
value of the vehicle at the time of the accident. Miscellaneous items will likewise be
logged in upon receipt and receive liability coverage.
5.0 PROPOSAL RESPONSE - Our proposal includes at a minimum, the following:
5.1 Attract the most qualified and motivated buyers, maximizing proceeds from the sale of
your vehicles and equipment. With our comprehensive marketing and advertising
campaign, coupled with forty years of successful auctioning,%n Porter Auctions
standard buyer attraction campaign will consist of.
5.1.1 Brochure- A detailed brochure in two to full color is prepared for each auction,
listing all vehicles and equipment and other miscellaneous items scheduled for the
auction. High dollar items are featured in the brochure, i.e. specialty vehicles,
which in general, will draw the largest crowd. These brochures are mailed to
nearly 6,000 quality prospects.
5.1.2 Print Media- Our ad for each auction is in the Los Angeles Times. We also
advertise in the Daily Breeze, the Recycler in Los Angeles, Orange County, San
• Diego, and San Fernando Valley, Auto Trader North and South, Auto Buys in Los
Angeles and San Diego, Big Truck Buys, Big Truck and Equipment in Los
068
Angeles and San Diego, San Diegor/Riverside Truck Trader, the Bakersfield
• Californian and Santa Barbara News Press.
5.1.3 Radio -As needed we advertise thirty and sixty second spots prior to each sale on
KNX 1070 AM targeting the highest listener volume of people, age 25-54 during
commute hours.
5.1.4 Internet- Our Web Site at (www KenPorterAuctions com) is updated twice
weekly with sale date and items available. Our site is linked to nearly 300 search
engines and directories for maximum impact.
5.2 Ken Porter Auctions collects all money and will settle with the City of Ataseadero
within ten(10) working days from the close of the sale, allowing an expedient source of
revenue. We provide documents and liability releases. We personally work with the
Department of Motor Vehicles, since our offices are located within one mile of a
Department of Motor Vehicle office. A description of our sale planning process
follows:
5.2.1 We receive the list of vehicles and equipment to be auctioned from the Consignor.
5.2.2 Arrange transportation of items to our auction facility.*
. 5.2.3 Prepare all documents needed for transfer of ownership and immediately forward
to the Consignor or other entities for signature(if needed).
5.2.4 Signed Transfer of Ownership paperwork is received by us from the Consignor
with all ownership documents and sale documents are prepared for auction day.
5.2.5 Check all signatures
5.2.6 Verify I.D. numbers with corresponding vehicles or equipment
5.2.7 Record all mileage
5.2.8 Ready vehicles and equipment for auction such as, de-logoing, transporting for
smog service,performing safety checks and washing and cleaning.
5.2.9 Brochures are prepared and mailed to our mailing list; also the Consignor is
mailed the quantity of brochures they desire.
5.2.10 Vehicles are lotted in numeric order for auction day
5.2.11 Vehicles/equipment for our regular second Saturday of each month auction are
available for inspection on the Thursday and Friday prior to the auction.
Miscellaneous items are available for inspection the day before their auction.
069
• 5.2.12 Sell auctioned items to the highest bid by a registered bidder.
* Transportation of vehicles and equipment to our auction facility is coordinated
with the City of Atascadero designees. Storage is at no charge prior to the
auction date and is available at 22880 Normandie Ave., Torrance, CA.
5.3 Following a successful bid, a Buyer will present their Bid card for Invoice preparation
to any one of seven cashiers, at which time they will either pay in full or leave a 25%
deposit. All invoices must be paid in full by the following Monday by 5:00 p.m. Bills
of Sale are provided for every auction item. Vehicles not paid for will be re-offered at
the next auction.
5.4 Settlement to the Consignor will be completed within ten (10) working days after the
auction. It will include:
• Detailed Sale Totals report showing each vehicle or lot with any
applicible fees or charges shown and the Consignor's net return for each.
• Invoice for each individual lot listing:
• Buyer name, address and telephone number
• Selling price
• Year, make, model, serial, license and equipment number
• Buyer's bid number and signature of buyer
• Settlement letter with breakdown of commission and/or transport fees
• Net settlement check
5.5 Ken Porter Auctions has a highly trained staff of more than 35 people with many years'
experience. We oversee every phase of the auction process and are personally available
to answer questions from our clients. All staff members are closely involved with the
auction process. Numerous staff will be provided on inspection and auction days to
minimize protection of your items. Most full time staff works Monday through Friday
from 8:00 a.m. to 5:00 p.m. at our Corporate Office located at 12580 Saticoy Street,
North Hollywood, CA. The rest of the support staff works at the Torrance auction
facility, Monday through Friday from 8:00 a.m. to 5:00 p.m.
5.6 A minimum of three armed security officers are used for security on auction day and
the Monday following the auction. Our auction yard has 24 hour patrol service.
5.7 Forklift service is provided to successful bidders to assist in loading purchases.
•
070
5.8 Raymond Claridge, President, owns Ken Porter Auctions having purchased it from the
• Porter family in 2001. Ken Porter established the firm in 1962 as the first company to
offer services to Municipalities, Counties, Law Enforcement Agencies, and Utility
companies as a method of liquidating their surplus vehicles and equipment.
5.9 Our lead auctioneer and appraiser is Justin Holmberg has over 20 years auction
experience with Ken Porter Auctions.
5.10 The all-inclusive commission rates we will charge the City of Atascadero,based on
auctioning or liquidating the following type items are:
Type of Item Commission rates
Vehicles and Trucks under 1 ton 4.95% *
Equipment and Trucks over 1 ton 4.95% *
Miscellaneous Surplus 10.00%*
(office furniture, computers, etc.)
*Buyer's fee—a separate net 10% fee is paid by the buyer as a buyer's premium.
• 5.11 Ken Porter Auctions will charge the City of Atascadero the following transportations
fees for Ken Porter Auctions transports:
Vehicles and Trucks under 1 ton $ 60.00 per vehicle
Equipment and Trucks over 1 ton $ 80.00 per vehicle
Miscellaneous Surplus $ 80.00 per truckload
And/or $0.00 charge for items the City of Atascadero delivers to our auction site.
5.12 Senate Bill 974 requires all Auction Companies to be licensed dealers and that all
vehicles sold at auction to have a Smog Certification and a Safety Inspection performed
prior to purchase by the public. The Ken Porter Auctions will provide these services
free of charge for the City of Atascadero. Non-passing vehicles will be sold Dealer
Only.
5.13 Commissions, fees, etc., if applicable, will be deducted from the Total Due the City of
Atascadero. No moneys will be paid in advance to Ken Porter Auctions for its
services.
•
71
6.0 The City of Atascadero should feel free to contact the following references and by
• submitting these names, we expressly waive access to any information or comments,
which these references may provide.
City of Glendale City of Long Beach
141 North Glendale Ave., Rm. 346 2801 East Willow Street
Glendale, CA 91206-4499 Long Beach, CA 90802
(818) 548-2102 (562)570-5406
Mr. Gary Yakel Mr. Tim Duggan
County of Ventura City of Santa Monica
800 South Victoria 1717—41h Street
Ventura, CA 93009 Santa Monica, CA 90401
(805) 6543757 (310) 458-8242
Mr. Tom Gill Ms. Diane Howel
This proposal for Auctioneer Services and shall remain valid for a period of not less than one
hundred and twenty(120) days from date of submittal. Acceptance of this offer by the City of
Atascadero will bind both parties to the terms and conditions listed for a period of one(1)year.
Additional one year renewals can be effected upon written approvals of both parties.
This agreement can be terminated for cause by either party with a thirty(30)written notice of
• an uncorrected breach. A full and complete final accounting and payment would then be due
within 20 days.
Ken Porter Auctions
12580 Saticoy Street
$ ge, resident North Hollywood, CA 91605
C 818-255-0616
Date: FAX: 818-255-0618
E-mail: Info@KenPorterAuctions.com
Proposal Accepted for the
City of Atascadero:
Signature of Authorized Official
Date:
Typed/Printed Name
Signature of Authorized Official
Date:
• Typed/Printed Name
072
ITEM NUMBER: A-7
DATE: 06/11/2002
Atascadero City Council
Staff Report—Public Works Department
Final Parcel Map 2002-0025 (Parcel Map ATAL 01-474)
[LLA 2001-0035]
6155 San Anselmo Road
(Gearhart/Wilson)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2002-0025 (Parcel Map ATAL 01-474); and,
2. Accept offers of dedication for streets purposes.
DISCUSSION:
• The Community Development Department approved Lot Line Adjustment
2001-0035 (Parcel
Map ATAL 01-474) on January 22, 2002. The approval adjusts the lot lines between three legal
commercial lots. The lot line adjustment is consistent with the General Plan and Zoning
Regulations, and with the Building Code.
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. An offer of dedication for street purposes has been made on this map.
Staff has determined that the Final Parcel Map is consistent with approved Lot Line Adjustment,
and recommends acceptance of the offer of dedication for street purposes.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0025 (Parcel Map ATAL 01-
474)
•
073
Exhibit A
Final Parcel Map 2002-0025(Parcel Map ATAL 01-474)
6155 San Anselmo Ave.
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074
ITEM NUMBER: A-8
DATE: 06/11/2002
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1919 1979
II
Atascadero City Council
Staff Report - City Manager's Office
Human Services Grants
RECOMMENDATION:
Council approve Human Services Grants to the Agencies and in the amounts recommended by
the Finance Committee in Attachment A.
DISCUSSION:
•
Background: The City of Atascadero has a Human Services Grant program, where annually
$20,000 has been available to assist local service providers that have a profound impact on the
community. The providers must meet a series of eligibility criteria in the competitive process.
The Finance Committee has reviewed the applications and has made the attached
recommendations.
Nineteen applications were received requesting $38,880.79. All of the applications complied
with the City's criteria and all were worthy of funding. Sixteen applications are recommended
for full or partial funding as can be seen on Attachment A. The complete applications are
available for review in the City Clerk's office.
FISCAL IMPACT:
The program is budgeted at $20,000.
ATTACHMENTS: Attachment A -Recommendations
075
CITY OF ATASCADERO
Human Services Grant Recommendations - 2002
Agency Name Prior Year Request Recommendation
ADCare, Adult Day Services Center $ 750.00 $ 750.00 $ 750.00
American Red Cross, SLO Co. Chapter $ 700.00 $ 850.00 $ 850.00
Assistance League of SLO Co. $ 1,300.00 $ 2,128.00 $ 2,100.00
Atascadero Loaves & Fishes $ 2,000.00 $ 2,500.00 $ 2,500.00
Atascadero Native Tree Society $ 3,000.00 $ 0
Caring Callers $ 200.00 $ 300.00 $ 200.00
Court Appointed Special Advocate (CASA) $ 1,000.00 $ 2,400.00 $ 2,200.00
ECHO (EI Camino Homeless Organization) $ 2,000.00 $ 2,000.00
EOC Mentoring Program $ 750.00 $ 1,000.00 $ 1,000.00
Family Services Center $ 500.00 $ 750.00 $ 750.00
• Homeless Housing Project $ 1,500.00 $ 8,550.79 $ 0
Hospice of SLO County $ 500.00 $ 3,600.00 $ 1,000.00
Hotline of SLO County $ 900.00 $ 1,730.00 $ 1,200.00
North County Women's Shelter $ 3,000.00 $ 3,000.00 $ 3,000.00
OPTIONS $ 3,000.00 $ 0
RSVP $ 500.00 $ 750.00 $ 500.00
Senior Legal Services Project $ 400.00 $ 972.00 $ 750.00
Senior Peer Counseling Program $ 400.00 $ 400.00 $ 400.00
Transitions Mental Health Association $ 600.00 $ 1,200.00 $ 800.00
TOTAL 1$15,000.00 $ 38,880.79 $ 20,000.00
0 7, 6
ITEM NUMBER: B- 1
DATE: 06/11/2002
_51110 ■ a,
Atascadero City Council
Staff Report - City Manager's Office
Downtown Parking & Business Improvement Area (FY 2002-03)
Confirmation of Annual Assessment
RECOMMENDATION:
Council adopt the draft Resolution confirming annual assessment for Downtown Parking &
Business Improvement Area(Fiscal Year 2002-03).
DISCUSSION:
. Back rg ound: The City of Atascadero established a Downtown Parking and Business
Improvement Area (BIA) in 1986 (Chapter 11 of the Atascadero Municipal Code) for the
purpose of acquisition, construction or maintenance of parking facilities, decoration of public
places, promotion of public events, and general promotion of business activities in the downtown
area. The formation and operation of a Business Improvement Area is governed by the
California Streets & Highways Code (Section 36500 et. Seq.) Historically, the budget for the
Business Improvement Area is submitted in conjunction with the City's annual budget.
In 2001, the Council confirmed the annual assessment for downtown Parking & Business
Improvement Area and contracted with Atascadero Main Street, Inc. to administer the Parking
and Business Improvement Area funds for downtown improvement activities and events.
Atascadero Main Street received $9,500 for fiscal year 2001-2002.
Analysis: The Streets & Highways Code requires that the "advisory board" provide a report to
the City Council annually for the expenditure of funds derived from the assessment paid by
businesses in the downtown area. The Business Improvement Association Board of Directors
was dissolved last year and the new Main Street Board has taken its place. The report
(Attachment 1) identifies the proposed improvements and activities for the area, based upon the
National Main Street Program's four-point approach. The report does not propose any changes to
the area. The Downtown Parking and Business Improvement Area assessments collected by the
city are approximately $10,700 annually. The recommended action would allocate $10,500 of
these funds to Atascadero Main Street, Inc. to perform downtown revitalization activities for
2002-2003.
077
ITEM NUMBER: B- 1
DATE: 06/11/2002
The Atascadero Main Street Board of Directors is proposing the following expenditures for
2002-2003 with the Downtown Parking and Business Improvement Area fund receipts:
Carryover from 2001-2002 $4,000
Streetscape Improvements $3,500
Winter Street Fair 7,500
Window Decorating Contest 500
Hot El Camino Nights 1,000
Clean-Up Days (Spring and Fall) 1,000
Easter Egg Hunt 1,000
Total $14,500
The City Council adopted a Resolution of Intention May 28, 2002 setting a public hearing for
June 11, 2002 to receive public comment prior to the assessment being collected. The Council
must hold a public hearing. Following the hearing, the Council can adopt a resolution
(Attachment 2) confirming the report as originally filed or as changed by the Council. Adoption
of the report constitutes the levy of the assessment.
City Code Section 3-11.09 permits the City to enter into an agreement with an agency to expend
area revenues. The agreement (Attachment 3) sets forth the Atascadero Main Street, Inc. as the
• organization responsible for spending the assessments collected from the Improvement Area
consistent with City regulations. Pursuant to the contract, this agreement shall automatically
renew annually unless one of the parties gives written notice of its desire not to renew the
agreement.
FISCAL IMPACT:
Allocate $10,500 of the estimated annual receipts of$10,700 from the Downtown Parking and
Business Improvement Area fund to Atascadero Main Street for 2002-2003.
ALTERNATIVES:
1. The City Council may grant Atascadero Main Street the Downtown Parking and Business
Improvement Area assessment funds in an amount different than recommended.
2. The City Council may not grant Atascadero Main Street Downtown Parking and Business
Improvement Area assessment funds.
Neither alternative is recommended because downtown revitalization efforts would be delayed,
impeded and/or jeopardized.
078
ITEM NUMBER: B- 1
DATE: 06/11/2002
Ab ATTACHMENTS:
1. Report from Main Street on the Downtown Parking and Business Improvement Area
2. Draft Resolution
3. Administration Agreement
079
City of Atascadero Downtown Parking and Business Improvement Area
• Annual Report Fiscal Year 2002-03
The California Streets and Highways Code Section 36533 requires the preparation of a report for each
fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and
activities of the Improvement Area. The report may propose changes, including, but not limited to,the
boundaries of the parking and business improvement area or any benefit zones within the area,the basis
and method of levying the assessments, and any changes in the classification of businesses.
The Atascadero Main Street organization is the advisory organization to the City regarding the
Downtown Parking and Business Improvement Area. Since 2000,the community and Main Street have
worked to strengthen the downtown business community,the Main Street organization and begin
implementation of the downtown revitalization strategy. Each licensed business in the Improvement
Area shall contribute to the assessment. Enhancements and activities in the Improvement Area are
funded by the assessment.
1. There are no boundary changes proposed. The boundaries are more specifically described as
follows:
From the South corner of Morro Road at the Highway 101 over-crossing then in the generally
northwest direction immediately adjacent to Highway 101,to a point, at the intersection of El
. Camino Real and Rosario Ave.,then easterly along Rosario Ave.,to a point at the intersection of
Rosario and Palma Ave.,then easterly along Palma Ave.to the rear lot line of parcels on the
west side of Traffic Way,then north along said rear lot lines to the rear lot line of parcels on the
south side of Olmeda Ave., then easterly to the rear lot line of parcels on the west side of Traffic
Way,then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero,then
northerly along the center line of Traffic Way,to a point,then easterly to include the presently
existing National Guard Armory Property,then to a point easterly to the intersection of West
Mall and Santa Ysabel Ave. at the West Mall bridge,then southerly along Santa Ysabel Ave.to
a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Ave., then
easterly from that point to the extension of proposed Highway 41,then southwesterly to the
Morro Road/Highway 101 over-crossing,point of beginning.
2. Proposed work plan and budget for fiscal year 2002-03 is as follows:
Carryover from 2001-2002 $4,000
Streetscape Improvements 3,500
Winter Street Fair 7,500
Window Decorating Contest 500
Hot El Camino Nights 1,000
Clean-Up Days(Spring and Fall) 1,000
• Easter Egg Hunt 1,000
Total $14,500
080
• 3. Each business having a business license and are equal to the full amount of the license
fee.
4. The Improvement Area account has a surplus of$4000 to be carried forward from the prior year.
5. There are no contributions to the Improvement Area from other sources.
This report shall be filed with the City Clerk on behalf of the Downtown Parking and Business
Improvement Area for fiscal year 2002-2003.
•
•
U8'
DRAFT RESOLUTION
•
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO CONFIRMING IMPROVEMENT
AREA ASSESSMENT FOR FISCAL YEAR 2002-03
WHEREAS, the Atascadero Business Improvement Association filed a report with the
City in accordance with Section 36534 of the Streets & Highways Code (Section 36534 Report);
and
WHEREAS, the City Council having received the report the City Council adopted
Resolution No. 2002-021 declaring intent to levy annual Downtown Parking and Business
Improvement Area assessment pursuant to Section 36534 of said code; and
WHEREAS, the City Council did fix a time and place for a public hearing on the levy of
the proposed assessment for fiscal year 2002-03; and
WHEREAS, on June 11, 2002 the City Council conducted a public hearing at the date
and time set for such purpose; and
WHEREAS, the City Council did not receive the required number of protests for the levy
. of such assessment;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Atascadero does hereby confirm approval of the Section 36534 Report as originally filed and
confirmation of approval of such report constitutes the levy of an assessment for Fiscal Year
2002-03, pursuant to the Streets &Highways Code.
BE IT FURTHER RESOLVED that the City Council directs staff to make appropriations
in the City's budget in accordance with such report.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
•
082
CITY OF ATASCADE�RO�3
�r CONTRACT#�----=
• AN AGREEMENT FOR ADMINISTRATION OF PARKING AND BUSINESS
IMPROVEMENT AREA FUNDS
THIS AGREEMENT is made and entered into between the CITY OF
ATASCADERO, a municipal corporation, hereinafter called "City", and
ATASCADERO MAIN STREET, INC., a California nonprofit mutual benefit
corporation, hereinafter called "Association."
WHEREAS, there was formed and established by City, pursuant to Ordinance No.
116, the "Atascadero Parking and Business Improvement Area of the City of
Atascadero", pursuant to the Streets and Highways Code, and
WHEREAS, under the terms of the said Ordinance, an additional charge is levied
on businesses in the said Area for the purpose of:
1. Acquisition, construction, or maintenance of parking facilities for the benefit
of the area.
2. Decoration of any public place in the area.
3. Promotion of public events which are to take place on or in public places in
the area.
4. General promotion of business activities in the area.
WHEREAS, such purpose can best be served by an organization having available
the resources, expertise and time, and reflecting the said Area's point of view, so as to
facilitate the planning for, and the day-to-day administration and implementation of the
said Area's activities to effectively carry out the purposes of the Ordinance, and
WHEREAS,the City finds that the Association best meets these qualifications,
NOW, THEREFORE, in consideration of the mutual covenants and promises
• herein contained, the parties hereto agree as follows:
0814
City of Ataseadero �J
An Agreement for Administration of Parking& Business Improvement Area Funds
Page 2
• 1. City agrees that it will provide the Executive Officer or other designated
officer of the Association with an estimate of anticipated receipts of the said tax expected
to be collected from the Area.
2. Association agrees that, based on such estimate, it shall prepare and
submit to the City Council, no later than June 1 of each year, a report pursuant to
California Streets and Highways Code Section 36533 setting forth in general terms the
planned activities, programs and events, and the estimated expenditures therefor. for the
ensuing year. After acceptance of such report by the City Council, the City agrees to
disburse said charge receipts from the "Ataseadero Parking and Business Improvement
Area Fund" to the Association as hereinafter set forth.
3. Association agrees that at the conclusion of the first year of its services
hereunder, and thereafter, it will at the same time as it submits the aforesaid report to City
• Council, also submit a report to it describing in general terms its actual activities and
expenditures during the preceding year.
4. Association agrees that it will use its best efforts to develop, implement,
promote and administer programs within the purposes authorized by the said Ordinance
for the benefit of the said Area and all businesses paying the said charge.
5. Pursuant to the terms of the said Ordinance, City shall collect the said
charge at the same time and in the same manner as the general business operations tax,
depositing such collections in a special fund to be known as "Ataseadero Parking and
Business Improvement Area Fund." Disbursements therefrom shall be made by City to
Association annually on July 1 the full amount collected in the previous fiscal year.
6. Association represents and covenants that subject only to reasonable rules
and regulations, membership in Association is open to any business in the Area paying
• the said charge.
UbJ
City of Ataseadero
An Agreement for Administration of Parking& Business Improvement Area Funds
Page 3
• 7. Association agrees that it shall hold at least one meeting a year for the
purpose of considering the proposed Area budget and the activities incident thereto,
which shall be a public meeting open to representatives of all businesses in the Area
paying the said charge.
8. Association agrees to keep all necessary books and records in corinection
with the services performed under this Agreement, and agrees to make them available to
the City's Administrative Services Director or his/her designated representative at all
reasonable times for audit purposes. Association furthermore agrees to provide, at no
cost to City, an annual financial report of Association's financial records.
9. Association agrees to hold City harmless from, and indemnify City for,
any liability or injury to any persons or damage to any property arising out of the
performance of activities under this Agreement by the Association, the employees,
• officers or agents of Association. Association shall provide a Certificate of Liability
Insurance in the amount of $1,000,000 naming the City of Atascadero as an additional
insured within thirty (30) days of signing of this Agreement.
10. The City will provide, at no charge, facilities for the Main Street Board
meetings on an as-needed basis in a City-owned building at the discretion of the City
Manager.
11. The term of this Agreement shall be for one year from July 1, 2001
through June 30, 2002, and thereafter shall be automatically renewed for additional one-
year terms unless one of the parties gives written notice to the other of its desire not to
renew at least thirty (30) days before the end of the term. Provided, however, that the
Agreement may be terminated by either party after sixty (60) days written notice to the
other. In the event of such termination, Association shall account to the City Council, as
under Paragraph 3 above, no later than thirty (30) days prior to the termination date, and
• simultaneously therewith remit to City any unexpended funds in its possession.
086
City of Atascadero -�
An Agreement for Administration of Parking& Business Improvement Area Funds
Page 4
• IN WITNESS WHEREOF thearties hereto execute this Agreement in
P g
Atascadero, California, this 26'h day of June, 2001.
APPROVED AS TO FORM: CITY OF ATASCADERO
1;—;M
,
Roy�Manley, City Atto ey Michael Arrambide, Mayor
ATTEST:
Marcia McChif-e Torgerson, City rk
ATASCADERO MAIN STREET, INC.
• c
Bv:
Koberl, President
•
08
ITEM NUMBER: B—2
DATE: 06/11/2002
1A Noll i
tt
• iais �
19 79\ CM
Atascadero City Council
Staff Report - Public Works Department
Sewer Service Charges
Placement on the 2002-03 Property Tax Rolls
RECOMMENDATION:
Council adopt the draft Resolution, adopting service charges to be added to the 2002-03 property
tax rolls.
DISCUSSION:
City Ordinance provides for the collection of sewer service charges on the general County tax
bills. Charges have been collected in this manner since the County Sanitation District was
dissolved in 1984. The attached resolution has been prepared to accomplish the necessary
collection through the 2002-03 property tax bills. There is no increase in the sewer service rates.
A Notice of Public Hearing has been published noticing this action.
The relevant area of discussion during the public hearing is whether or not the property owner is
responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any
questions or concerns received during the public hearing should be referred to staff for resolution
prior to submitting the charges to the County Auditor by the July deadline.
FISCAL IMPACT:
The City will bill $1,456,595.92 in sanitation service charges for Fiscal Year 2002-03.
ATTACHMENT:Draft Resolution
•
i��8
• DRAFT RESOLUTION
A RESOLUTION OF THE COUNCIL OF
THE CITY OF ATASCADERO
ADOPTING SERVICE CHARGES TO BE ADDED
TO THE 2002-03 PROPERTY TAX ROLLS
WHEREAS, Council has duly held a public hearing concerning the addition of the 2002-
2003 service charges to the 2002-03 property tax bills; and
WHEREAS, due notice was given to the public in accordance with Section 5473 of the
Health and Safety Code; and
WHEREAS, at said hearing the attached report marked "Exhibit A" containing such
charges was duly received by said council; and
WHEREAS, at said public hearing opportunity was given for filing objections and
protests and for presentation of testimony of other evidence concerning same; and
WHEREAS, it is in the public interest that this body adopt the charges and determine and
confirm the report presented at the hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as
follows:
Section 1. That the recitals set forth hereinabove are true, correct and valid.
Section 2. That Council hereby adopts the service charges set forth on the attached report
marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here
fully set forth; and Council hereby determines and confirms the report containing such charges as
set forth in said "Exhibit A" and hereby further determines and confirms that each and every
service charge set forth in said report is true and accurate and is in fact owed.
Section 3. That the charges as so confirmed and determined and adopted shall appear as
separate items on the tax bill of each parcel listed in said report, and such charges shall be
collected at the same time and in the same manner as ordinary County ad valorem taxes are
collected, and are subject to the same penalties in the same procedure and sale in case the
delinquency is provided for such taxes.
Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A
with the County Auditor upon its adoption.
Section 5. This resolution is approved by at least a two-thirds vote of said Council.
City of Atascadero
Draft Resolution
Page 2
On motion by Council Member and seconded by Council Member
• the foregoing resolution is hereby adopted in its entirety by the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson J. Michael Arrambide
City Clerk Mayor
APPROVED AS TO FORM:
Roy A. Hanley
City Attorney
090
ITEM NUMBER: C-1
DATE: 6/11/2002
mill Mimi,1
1-979
. • 191$ �. , 1979
I I
Atascadero City Council
Staff Report- Administrative Services Department
Mid-Cycle Budget
Fiscal Years 2001-2002 and 2002-2003
RECOMMENDATION:
Council adopt the Draft Resolution amending the budgets for fiscal years 2001-2002 and 2002-
2003.
DISCUSSION:
• On June 12, 2001 Council adopted the City's first two-year budget for fiscal year's 2001-2002
and 2002-2003. As we approach the mid-point in the two-year budget cycle, it is necessary to
make some adjustment to both years' budgets based on changes in the City's, State's and
Country's economic condition and outlook. Staff proposes making the budget adjustments
shown on the attached Mid-Cycle Budget Adjustment Report.
Overall the City appears to be in a much stronger financial condition than was predicted at this
time last year. The expected economic recession and real estate slow down did not seem to affect
the Central Coast. Sales tax, property tax, franchise tax, and motor vehicle in lieu revenues are
all coming in at higher than expected levels. These general fund revenue increases exceed the
small revenue sources that are down and the budget adjustments being proposed present a
cautiously optimistic budget picture.
Due to the uncertainty caused by the State's financial difficulties, the largest proposed
adjustments are either one-time expenditures or increased funding for annual replacement costs.
The one-time capital adjustments include a total of $672,050 in additional youth center
construction cost funding, an air machine for the fire department, and $190,000 in various
building repair projects (including the pavilion roof). Also included for the first time is 75%
funding for annual building replacement costs. This $160,300 annual adjustment is a large step
forward toward realization of the Council's adopted financial strategic plan.
• Also included are adjustments for the additions of a code enforcement position (partially funded
by CDBG), customer service counter personnel and a zoo staff reorganization. While other
092
ITEM NUMBER: C- 1
DATE: 6/11/2002
operating cost increases consist of adjustments necessary for increased healthcare, worker's
• compensation, insurance and 2001-2002 litigation costs.
The only proposed adjustment to reserves is the addition of $75,000 to our Reserve for Cash
Flows, which is needed in order to more correctly reflect current cash flow use patterns.
FISCAL IMPACT:
Total Net Revenue Adjustments for all funds and years $1,320,030
Total Expenditure Adjustments for all funds and years $1,320,030
Total Reserve Adjustment for all funds and years $75,000
ALTERNATIVES:
Council may delete or add any budget adjustment proposed or desired
ATTACHMENTS:
1. Draft Resolution Amending the Budgets for Fiscal Years 2001-2002 and 2002-2003
• 2. Mid-cycle Budget Adjustments
•
093
• DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO,CALIFORNIA
AMENDING THE BUDGETS FOR FISCAL YEARS
2001-2002 AND 2002-2003
WHEREAS, the City Council adopted Resolution 2001-016 setting forth the budget for
fiscal years 2001-2002 and 2002-2003,and;
WHEREAS,the City Council hereby wishes to amend said budget;
NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Atascadero
that the Fiscal Year 2001-2002 Budget and the Fiscal Year 2002-2003 Budget are amended as
follows:
SECTION 1. The estimated revenue and appropriation amounts are adjusted as detailed in
the Mid-Cycle Budget Adjustment Report, a copy of said report being attached hereto as an
"Exhibit"and by this reference made a part hereof.
SECTION 2. These changes are effective immediately upon adoption of this resolution.
On Motion by Council Member , and seconded by
• , the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON J. MICHAEL ARRAMBIDE
City Clerk Mayor
APPROVED AS TO FORM:
•
ROY A. HANLEY
City Attorney
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ITEM NUMBER: C-2
DATE: 06/11/2002
1-107-9
CADET/
Atascadero City Council
Staff Report-City Manager's Office
Proposal to Increase the Transient Occupancy Tax (Hotel Bed Tax)
RECOMMENDATIONS:
Council:
1. Submit to the General Electorate the following question for the Tuesday,November 5,
2002 General Election:
Shall an Ordinance amending Section 3-3.03 of the Atascadero
Municipal Code to increase the Transient Occupancy Tax
(hotel/motel bed tax) rate from 9% to 10% be adopted?
•
2. Review, modify as appropriate and approve the draft Argument in Favor of the proposed
ballot measure.
DISCUSSION:
The City of Atascadero Municipal Code Section 3-3.03 authorizes the collection of Transient
Occupancy Tax (hotel/motel bed tax) a rate of 9%. The Transient Occupancy Tax (hotel/motel
bed tax) is a tax paid by tourists and visitors when staying at local hotel, motels and bed and
breakfast inns and other lodging establishments. This tax contributes to the City's general fund,
which pays for services (e.g. fire, police, recreation, streets etc.) that are enjoyed by residents,
tourists and visitors alike. Tourists and visitors do not contribute property tax toward these
services. In order to increase the Transient Occupancy Tax (hotel/motel bed tax), the City must
place the proposal on the General Election Ballot for approval by the local electorate.
Analysis: The citizens of Atascadero pay for City services through property taxes, sales taxes,
and fees. Through these payments, the City is able to provide services such as police and fire
protection, park facilities, street improvements and maintenance and various other City services.
Tourists and visitors to the City benefit from all of these services, but contribute a very small
amount toward the payment for these services through sales taxes.
•
106
ITEM NUMBER: C-2
DATE: 06/11/2002
AsAs a way to offset the cost of providing City services that tourists and visitors receive and enjoy,
the City currently charges hotel and motel guests a Transient Occupancy Tax (hotel bed tax) of
9% of the daily cost of a room. Guests of lodging establishments pay this hotel bed tax.
Transient Occupancy Tax (hotel/motel bed tax) receipts for fiscal year 2000/2001 were $304,692.
Raising the Transient Occupancy Tax (hotel bed tax) from 9% to 10% is estimated to result in a
net increase in Transient Occupancy Tax (hotel/motel bed tax) receipts of approximately$28,819
annually to the City based on average receipts over the past 3 years and at the current number of
322 hotel rooms in Atascadero. This estimate does not include revenue resulting from 52 new
rooms expected to come online in 2003 with the completion of the Carlton Hotel.
Currently, Atascadero has the lowest Transient Occupancy Tax (hotel bed tax) rate in San Luis
Obispo County. The Transient Occupancy Tax (hotel bed tax) rates for the other cities in San
Luis Obispo County and for the unincorporated areas of the County are as follows:
Atascadero 9%
Arroyo Grande 10%
Grover Beach 10%
Morro Bay 10%
Paso Robles 10%
Pismo Beach 10%
• San Luis Obispo (City) 10%
San Luis Obispo 9%
(Unincorporated County)
As shown above, an increase of 1% will place Atascadero's Transient Occupancy Tax (hotel bed
tax) on par with other surrounding communities. Increasing beyond the countywide mode of a
10% tax could result in Atascadero hotels not being chosen for lodging because a higher tax rate,
when applied to an identical hotel room rate, will result in a greater final cost to the purchaser.
In 2000, the citizens approved an increase in the rate of Transient Occupancy Tax (hotel bed tax)
charged in Arroyo Grande from 6% to 10%. The additional revenue received by the City from
the increase in Transient Occupancy Tax (hotel bed tax) was put to use to keep pace with the
rising cost of providing City services to residents, tourists and visitors alike. The new rate of
10% Transient Occupancy Tax (hotel bed tax) put Arroyo Grande on par with the Transient
Occupancy Tax (hotel/motel bed tax) rate in the majority of San Luis Obispo County
communities.
Other California communities who have recently raised their Transient Occupancy Tax
(hotel/motel bed tax) include: Burlingame, Chino Hills, Costa Mesa, Emeryville, Hawaiian
Gardens, Hawthorne, Newark, Rancho Palos Verdes, San Carlos, Santa Barbara, Tehachapi and
Westlake Village.
•
107
ITEM NUMBER: C-2
DATE: 06/11/2002
Industry Support
• The proposed increase in Transient Occupancy Tax hotel/motel bed tax is supported b the
P p p Y ( ) pP Y
Atascadero Chamber of Commerce and its member hoteliers: Best Western Colony Inn, Carlton
Hotel, Lakeview Bed and Breakfast, Oak Hill Manor Bed and Breakfast, Atascadero Super 8
Motel (Attachment 1).
Election Requirements
Proposition 218, the Right to Vote on Taxes Act approved by California voters in 1996, requires
that any tax increase, including one paid by non-residents, e.g. Transient Occupancy Tax
(hotel/motel bed tax), must be approved by the voters of the affected area. Pursuant to
Proposition 218, any proposed increase in Transient Occupancy Tax (hotel/motel bed tax) must
be approved by a majority of voters in Atascadero. Additionally, an argument in favor
(Attachment 2) argument(s) against and an impartial analysis prepared by the City Attorney must
be submitted to the City Clerk by June 21, 2002.
FISCAL IMPACT:
It is estimated that passage of the proposed increase in Transient Occupancy Tax (hotel/motel
bed tax) will result in approximately $29,000 per year in additional revenue to the City of
• Atascadero.
The estimated one-time cost to the City to place the proposed measure on the November 5, 2002
General Election ballot is approximately$9,345.00.
ALTERNATIVES:
1. Council approve the recommended action, but authorizes a percentage increase different
than that proposed.
This alternative is not recommend because increasing the Transient Occupancy Tax
(hotel/motel bed tax) beyond 10% may put Atascadero's' lodging industry at a
competitive disadvantage compared to neighboring communities with a lower tax rate.
Increasing the tax in an amount less than 1% is not recommended because a tax rate of
less than 10% is not considered a significant advantage to the industry, nor will it
equalize Atascadero's rate with that of the neighboring communities.
2. Council approve the recommended action, but earmark the additional Transient
Occupancy Tax (hotel/motel bed tax)revenue for a specific use.
• This alternative is not recommended because dedicating the additional revenue would
convert the revenue into "special tax" revenue that would require approval by a
108
ITEM NUMBER: C-2
DATE: 06/11/2002
supermajority (two-thirds) of Atascadero voters. Successful passage of "special tax"
increases by a two-thirds majority has proven to be rare in California since the passage of
Proposition 218.
ATTACHMENTS:
1. Atascadero Chamber of Commerce Letter of Support
2. Draft Argument in Favor
•
•
I U J
taseadero
Chamberofcommerce
6550 EI Camino Real•Atascadero,CA 93422•(805) 466-2044•Fox (805) 466-9218•www.atoscaderochomber.org
May 28, 2002
Wade McKinney,City Manager
City of Atascadero
6500 Palma
Atascadero, CA 93422
Dear Wade,
On behalf of the hospitality group in Atascadero and the Chamber of Commerce we are
requesting you to move forward with increasing the Transient Occupancy Tax to 10%,by
placing this on the ballot in November.
We as a group also look forward to working on many projects for the marketing of
• Atascadero as a tourist destination.
If we can be of any help in educating the public as to the advantages of attracting these clean
dollars into Atascadero, please call us.
Sincerely,
?anne=ain
Executive Director
•
i0
. DRAFT
ARGUMENT IN FAVOR OF MEASURE
The citizens of Atascadero pay for City services through property taxes, sales taxes, and fees.
Through these payments, the City is able to provide services such as police and fire protection,
park facilities, street improvements and maintenance and various other City services. Tourists
and visitors to the City benefit from all of these services, but contribute minimally toward the
payment for these services through sales taxes.
As a way to offset the cost of providing City services that tourists and visitors receive and enjoy,
the City currently charges hotel and motel guests a Transient Occupancy Tax (hotel bed tax) of
9% of the daily cost of a room. Guests of lodging establishments pay this hotel bed tax. Raising
the Transient Occupancy Tax (hotel bed tax) from 9% to 10% is estimated to result in a net
increase in Transient Occupancy Tax (hotel/motel bed tax) receipts of approximately $30,000
annually to the City.
Currently, Atascadero has the lowest Transient Occupancy Tax (hotel bed tax) rate in San Luis
Obispo County. The Transient Occupancy Tax (hotel bed tax) rates for the other cities in San
Luis Obispo County and for the unincorporated areas of the County are as follows:
Atascadero 9%
Arroyo Grande 10%
Grover Beach 10%
• Morro Bay 10%
Paso Robles 10%
Pismo Beach 10%
San Luis Obispo (City) 10%
San Luis Obispo 9%
(Unincorporated County)
As shown above, an increase of I% will place Atascadero's Transient Occupancy Tax (hotel bed
tax) on par with other surrounding communities. Your "YES" vote will ensure additional
revenue is available to maintain the high level of City services. Your City Council strongly
urges you to vote "YES" on this measure.
J. Michael Arammbide, Mayor Wendy Scalise, Mayor Pro Tem
George Luna, Council Member Jerry Clay, Council Member
Ray Johnson, Council Member
•
ITEM NUMBER: C-3
DATE: 06/11/2002
n■ ■r� r ■ i
Iola - 9
cm �+D�i
Atascadero City Council
City Clerk Report
General Municipal Election
November 5, 2002
RECOMMENDATIONS:
Council adopt recommendation A or B:
A. Council adopt the following Resolutions for the purpose of electing two members to the
City Council, a City Clerk and a City Treasurer:
1. Draft Resolution A, calling and giving notice of the holding of a General
• Municipal Election to be held on Tuesday,November 5, 2002, and;
2. Draft Resolution B, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November
5, 2002.
B Council adopt the following Resolutions for the purpose of electing two members to the
City Council, a City Clerk, a City Treasurer and to submit to the voters a question
relating to a proposed increase in Transient Occupancy Taxes:
1. Draft Resolution C, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday,November 5, 2002, and;
2. Draft Resolution D, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November
5, 2002, and;
3. Draft Resolution E, setting priorities for filing written arguments regarding a City
measure and directing the City Attorney to prepare an impartial analysis, and;
4. Draft Resolution F, providing for the filing of rebuttal arguments for City
measures submitted at Municipal Elections.
•
.12
ITEM NUMBER: C-3
DATE: 06/11/2002
• DISCUSSION:
The General Municipal Election will be held on Tuesday, November 5, 2002. The terms of two
Council Members, Mike Arrambide and Ray Johnson, and the terms of City Treasurer David
Graham and City Clerk Marcia McClure Torgerson will expire in November 2002. The City
Council must adopt a resolution to initiate the election process (draft Resolution A). Also, to
combine our election with the County, the Council must adopt a resolution requesting
consolidation with the County(draft Resolution B).
If the Council decides to submit a ballot measure to the voters:
The submission of a ballot measure will require specific ballot measure language to be included
in the above-mentioned Resolutions (draft Resolutions C & D). The City Council and/or
registered voters may file with the City Clerk written arguments in opposition or in favor of the
ballot measure. The City Clerk has fixed June 21, 2002 as the last day for submitting arguments
for and against the ballot measure, and the impartial analysis by the City Attorney. This will
allow ample time for the 10-calendar-day public examination period, translation, typesetting,
printing and submission to the County. A notice of this deadline will be posted on the front and
back doors of City Hall. A Resolution setting the priorities for the filing of written arguments
and directing the City Attorney to prepare an impartial analysis will need to be adopted (draft
Resolution E). Also, the adoption of a Resolution providing for the filing of rebuttal arguments
• for the ballot measure is required (draft Resolution F).
FISCAL IMPACT:
The General Municipal Election for the four vacancies is estimated to cost approximately
$10,340.00. The addition of a ballot measure will add approximately $9,345.00 to Atascadero's
election costs.
ATTACHMENTS:
Draft Resolutions
Draft Ordinance
113
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 20029 FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on November 5, 2002, for the election of
Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Atascadero,
California on Tuesday, November 5, 2002, a General Municipal Election for the purpose of
electing two Members of the City Council for the full term of four years; a City Clerk for the full
term of four years; and a City Treasurer for the full term of four years.
• SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code
of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
•
114
On motion by Council Member and seconded by Council
AD
Member , the foregoing Resolution is hereby adopted on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
• Roy A. Hanley, City Attorney
•
115
DRAFT RESOLUTION B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 20029 WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Atascadero, called a General Municipal
Election to be held on November 2, 2002, for the purpose of the election of two Members of the
City Council, a City Clerk, and a City Treasurer for a term of four years each; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the county election
department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of 10403 of the Elections p q § tions Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree
to the consolidation of a General Election with the Statewide General election on Tuesday,
November 5, 2002, for the purpose of the election of two Members of the City Council, a City
Clerk, and a City Treasurer for a term of four years each.
SECTION 2. That the county election department is authorized to canvass the returns of
the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for the holding of the consolidated
election.
SECTION 4. That the City of Atascadero recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of
San Luis Obispo.
i
116
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
• Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
117
DRAFT RESOLUTION C
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 20029 FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
AND FOR THE SUBMISSION TO THE VOTERS A QUESTION
RELATING TO TRANSIENT OCCUPANCY TAXES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on November 5, 2002, for the election of
Municipal Officers; and
WHEREAS, the City Council also desires to submit to the voters at the election a
question relating to Transient Occupancy Taxes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
• SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Atascadero,
California on Tuesday, November 5, 2002, a General Municipal Election for the purpose of
electing two Members of the City Council for the full term of four years; a City Clerk for the full
term of four years; and a City Treasurer for the full term of four years.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
Shall an Ordinance amending Section 3-3.03 of the Yes
Atascadero Municipal Code to increase the
Transient Occupancy Tax (hotel/motel bed tax) rate
from 9%to 10%be adopted? No
SECTION 3. That the proposed complete text of the Ordinance submitted to the voters
is attached as Exhibit A.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
119
Exhibit A
Draft Resolution C
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADER09 CALIFORNIA RESTATING AND AMENDING SECTION
3-3.03 OF THE ATASCADERO MUNICIPAL CODE, CONCERNING THE
AMOUNT OF TRANSIENT OCCUPANCY TAX IMPOSED
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 3-3.03 is amended to the Atascadero Municipal Code to read as follows:
3-3.03 Tax imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a
tax in the amount of ten percent(10%)of the rent charged by the operator. Said tax constitutes a debt
owed by the transient to the City which is extinguished only by payment to the operator or to the
City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid.If the rent
is paid in installments, a proportionate share of the tax shall be paid with each installment. The
unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.If for any reason the
tax due is not paid to the operator of the hotel,the Tax Administrator may require that such tax shall
be paid directly to the Tax Administrator.
• SECTION 2. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m.on the 31 st day after it is adopted. Within fifteen(15)days
after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the City of Atascadero.
SECTION 3. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on
and adopted by the following vote as an ordinance of the City of Atascadero at a
regular meeting of the City Council on 52002.
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
•
120
Exhibit A
Draft Resolution C
• Signed:
J. Michael Arrambide, Mayor
ATTEST: APPROVED AS TO FORM:
Marcia McClure Torgerson, City Clerk Roy A. Hanley, City Attorney
•
12�
DRAFT RESOLUTION D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 20029 WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Atascadero, called a General Municipal
Election to be held on November 2, 2002, for the purpose of the election of two Members of the
City Council, a City Clerk, and a City Treasurer, for a term of four years each; and,
WHEREAS, the City Council is submitting to the voters a question relating to Transient
Occupancy Taxes; and,
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General election to be held on the same date and that within the city the precincts,
polling places and election officers of the two elections be the same, and that the county election
department of the County of San Luis Obispo canvass the returns of the General Municipal
• Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree
to the consolidation of a General Election with the Statewide General election on Tuesday,
November 5, 2002, for the purpose of the election of two Members of the City Council, a City
Clerk, and a City Treasurer for a term of four years each.
SECTION 2. That a measure is to appear on the ballot as follows:
Shall an Ordinance amending Section 3-3.03 of the Yes
Atascadero Municipal Code to increase the
Transient Occupancy Tax (hotel/motel bed tax) rate
from 9%to 10%be adopted? No
•
122
SECTION 3. That the county election department is authorized to canvass the returns of
• the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used.
SECTION 4. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for the holding of the consolidated
election.
SECTION 5. That the City of Atascadero recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of
San Luis Obispo.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
X23
DRAFT RESOLUTION E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING PRIORITIES FOR FILING A
WRITTEN ARGUMENT REGARDING A CITY MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Atascadero,
California, on November 5, 2002, at which there will be submitted to the voters the following
measure:
Shall an Ordinance amending Section 3-3.03 of the Atascadero
Municipal Code to increase the Transient Occupancy Tax
(hotel/motel bed tax) rate from 9% to 10% be adopted?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes
• Council Member in Favor or/Against
Council Member in Favor or/Against
Council Member in Favor or/Against
Council Member in Favor or/Against
Council Member in Favor or/Against
members of that body, to file a written argument regarding the City measure as specified above,
in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of
California and to change the argument until and including the date fixed by the City Clerk after
which no arguments for or against the City measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the city attorney, unless the organization or salaries of the office of the city attorney
are affected. The city attorney shall prepare an impartial analysis of the measure showing the
effect of the measure on the existing law and the operation of the measure. If the measure affects
the organization or salaries of the office of the city attorney, the city clerk shall prepare the
impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the
filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
i
124
On motion by Council Member and seconded by Council
is
Member , the foregoing Resolution is hereby adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
•
125
DRAFT RESOLUTION F
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
WHEREAS, § 9220 and 9285 of the Elections Code of the State of California authorizes
the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for city measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the
State of California, when the Clerk has selected the arguments for and against the measure which
will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor
of the measure to the authors of the argument against, and copies of the argument against to the
authors of the argument in favor. The authors may prepare and submit rebuttal arguments not
exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk, not more than
10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the
same manner as the direct arguments. Each rebuttal argument shall immediately follow the
direct argument, which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments
for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
• ADOPTED:
12o
ITEM NUMBER: C-4
DATE: 06/11/2002
■; an vlolli
,ass 9
Atascadero City Council
Staff Report- City Attorney
Loan Agreement - Atascadero Redevelopment Agency
RECOMMENDATION:
City Council adopt draft Resolution approving a loan agreement with the Atascadero
Redevelopment Agency.
•
DISCUSSION:
The Redevelopment Agency was formed in 1999 and has been receiving the designated tax
increment revenues. The increment grows annually as the area within the Agency increases in
assessed value. This increase provides funds to the Agency to revitalize downtown, eliminate
blight, and provide low/moderate income housing programs and other activities as described in
the Revitalization Plan. As with most Redevelopment Agencies the tax increment is insufficient
in the early formation years to cover the cost of operations and activities described in the
Redevelopment Plan.
The California Redevelopment Law requires the Agency to operate from a debt position thereby
insuring that the Agency is progressing with its "plan" and not stockpiling funds. This is difficult
in the beginning years as the increment typically supports only a small financing. Often agencies
borrow funds from the City where they operate until their funding grows to a level that a strong
financing can occur. The Agency is proposing to borrow $720,000 from the City providing for
the purchase of two parcels, namely: the location of Diamond Adult World and the vacant lot
next door to it on the corner of El Camino and Traffic Way. This loan would maintain the
Agency's debt structure so that the entire tax increment could be utilized, and will support the
Agency's efforts to end the blight caused by the vacant lot and the sexually oriented business.
•
ITEM NUMBER: C-4
DATE: 06/11/2002
ALTERNATIVES:
• The City could decline to loan the Agency funds this would result in the collapse of efforts to
settle the lawsuit filed by Steve Diamond and extend the use of the sexually oriented business in
the downtown area for the life of the litigation.
FISCAL IMPACT:
Annual revenue from interest earnings.
ATTACHMENTS:
1. Draft Resolution
2. Loan Agreement
i
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA APPROVING A LOAN
AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE
CITY OF ATASCADERO, CALIFORNIA FOR THE PURCHASE OF THE
LOCATION OF DIAMOND ADULT WORLD AND THE ADJOINING
VACANT LOT
WHEREAS, the Redevelopment Agency of the City of Atascadero (the "Agency")
is a public body, corporate and politic, duly created, established and authorized to transact
business and exercise its powers under and pursuant to the California Community
Redevelopment Law, California Health and Safety Code, Section 33000, et seq. (the "CRL"); and
WHEREAS, the City of Atascadero ("City") has adopted a redevelopment plan
("Redevelopment Plan") for a redevelopment project area known as the Atascadero
Redevelopment Project Area ("Project Area") through the enactment of Ordinance No. 362, on
July 6, 1999, and all requirements of law for, and precedent to, the adoption and approval of the
Redevelopment Plan have been duly complied with; and
• WHEREAS, the Agency is engaged in activities necessary to execute and
implement the Redevelopment Plan; and
WHEREAS, the City desires to loan to the Agency and the Agency desires to
borrow from the City, funds in order to assist the Agency in purchasing real property; and
WHEREAS, the City and the Agency have negotiated the terms of a Loan
Agreement ("Agreement") which provides, among other things, for the City's loaning of funds to
the Agency, as part of a revolving loan fund program, in order to assist the Agency in meeting its
expenses, and for terms of repayment by the Agency to the City from the Agency's legally
available funds;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
Section 1. The City approves the Agreement in substantially the form presented to the City, a
copy of which is attached hereto as Exhibit "A", and the Administrative Services Department is
authorized to make the appropriate budget adjustments.
Section 2. The Mayor is authorized to: (i) execute the Agreement on behalf of the City,
together with such non-substantive changes as may be necessary; and (ii) execute and deliver on
behalf of the City such other documents and instruments as may be necessary or convenient for
• purposes of administration of the Agreement.
130
City of Ataseadero
Draft Resolution
Page 2
• Section 3. This Resolution shall take effect immediately upon its adoption by the City
Council.
PASSED,APPROVED AND ADOPTED this l lth day of June, 2002.
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSENT: None
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
•
•
City of Atascadero
Draft Resolution
Page 3
• I, Marcia McClure Torgerson, City Clerk for the City of Atascadero, California,
do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the
City Council of the City of Atascadero, California, at a regular meeting of said City Council held
on the 11 th day of June, 2002, and that the same was so passed and adopted by the following
votes:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSENT: None
Executed this 11th day of June, 2002, at Atascadero, California.
Marcia McClure Torgerson, City Clerk
•
•
X32
Contract No.2002-
LOAN AGREEMENT
1. PARTIES AND EFFECTIVE DATE.
1.1 Parties to this Agreement. The parties to this Loan Agreement ("Agreement")
are (i) The Redevelopment Agency of the City of Atascadero ("Agency"), a public body,
corporate and politic, and (ii) The City of Atascadero ("City"), a California municipal
corporation. This Agreement is dated as of June 12, 2002, for reference purposes only. This
Agreement will not become effective until the Effective Date described in Section 1.2 below.'
1.2 Effective Date. This Agreement will not become legally effective or binding
until the date ("Effective Date") on which this Agreement has been approved by the City Council
of the City and the Agency's governing board, and executed by the City's and Agency's duly
authorized representatives.
2. RECITALS.
2.1 The Agency is authorized pursuant to Sections 33132 and 33601 of the California
• Community Redevelopment Law (Health & Safety Code Section 33000, et sM.) to accept
financial assistance from other public agencies. In order to purchase certain real property, the
Agency has sought financial assistance from the City in the form of a loan ("Loan"), in the
amount of Seven Hundred Thousand Dollars ($720,000) or such other amount as the City and
Agency may from time to time agree upon. The City has agreed to provide such financial
assistance on the terms set forth in this Agreement. The Agency has agreed to repay the Loan in
accordance with the terms of this Agreement. The Agency's obligations under this Agreement
shall constitute an indebtedness of the Agency for the purposes of Health & Safety Code Section
33675.
3. TERMS.
3.1 Disbursement of Funds. The City agrees to disburse to the Agency the entire
loan amount upon execution of this agreement.
• ' All Section references shall be to Sections of this Agreement, unless otherwise stated.
City of Atascadero/Redevelopment Agency
Loan Agreement
Pagel i33
Contract No.2002-
3.2 Interest. Any and all portions of the Loan disbursed by the City to the Agency
shall bear interest at the rate of nine percent (9%), compounded monthly, from the date of each
such disbursement from the City to the Agency.
3.3 Repayment. The Agency shall repay the Loan, or any portion thereof demanded
by the City, together with all accrued and unpaid interest thereon, within ten (10) days following
demand therefor from the City, provided that such demand may not be made prior to the first(P)
anniversary of the Effective Date.
3.4 Subordination. The Agency's obligations hereunder shall be paid out of all
legally available funds of the Agency, including taxes paid to the Agency pursuant to Health and
Safety Code section 33670(b). The Agency's obligations under this Agreement are subject and
subordinate to any preexisting Agency indebtedness including, without implied limitation,
bonded indebtedness, and to any other indebtedness including, without implied limitation,
bonded indebtedness, which is incurred subsequent to the Effective Date of this Agreement.
Without any further action or agreement required of the City, the City hereby expressly
subordinates to any and all such Agency indebtedness, either heretofore or hereafter incurred, the
City's right to receive repayment of all or any portion of the Loan.
3.5 No Third Party Beneficiaries. This Agreement is for the sole and exclusive
benefit of the Agency and the City. No person or entity not a party to this Agreement is intended
to be benefited by any provision of this Agreement and no person or entity not a party to this
Agreement shall have any rights, causes of action, or claims against either the Agency or the City
due to the fact of the Agency's and/or the City's entry into and performance or non-performance
pursuant to this Agreement.
3.6 Counterpart Originals. This Agreement may be executed in two (2)
counterpart originals, each of which shall be deemed to be an original, but, when taken together,
shall constitute one and the same instrument.
[Signatures on following page]
City of Atascadero/Redevelopment Agency
Loan Agreement ;I
Page 2 3 `�
Contract No.2002-
THE REDEVELOPMENT AGENCY
OF THE CITY OF ATASCADERO,
a public body, corporate and politic
By:
George Luna, Chairperson
ATTEST:
Marcia McClure Torgerson, Agency Secretary
APPROVED AS TO LEGAL FORM:
By:
Roy A. Hanley, Agency Counsel
• THE CITY OF ATASCADERO,
a California municipal corporation
By:
J. Michael Arrambide, Mayor
ATTEST:
By:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO LEGAL FORM:
By:
Roy A. Hanley, City Attorney
•
City of Atascadero/Redevelopment Agency
Loan Agreement
Page 3 J