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Agenda Packet 03/09/1993
PllL3LIC REVIEW UY PLEASL- QG NOT REMOVE - AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA R OM MARCH 9, 1993 7:00 P.M. This agenda is prepared and posted,pursuant to the requirements of G vernment'Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action idem feed in the brief general description of each item, the action that may be taken shall inclu e: A referral to staff with specific;requests for information continuance; specific diection to staff concerning the policy ormission of the item,discontinuance of consideration;authorization to enterintonegotiations and execute agreements pertaining to the item; adoption or approval,• and, disapproval. 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 208)and in the Information Office (Room 103), available for public inspection during Ci ly Half business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need spec /assistance to participate in a City meeting or other services offered by this City,please ontact the City Manager's Office ((805)461-5010) or the City Clerk's Office (1805) 461- 074). Notifica- tion at least 48 hours prior to the meeting or time when services are needt d will assist the City staff in assuring that reasonable arrangements can be made to pro v We accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishi g to speak has had an opportunity to do so: * No one may speak more than twice on any item. * Council-Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. I i Call to Order Pledge of Allegiance Roll Call 1 City Council Comments: Proclamation: "Camp Fire Birthday Week", March 14-20, 1993 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments` 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4.' City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7. Economic;Round Table 8. Colony Roads Committee 9. Liability Claims"Review & Finance Committee B. CONSENT CALENDAR: All matters listed under Item B Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Councilor public may, by request, have any:item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - February 23 1993 2. TREASURER'S REPORT - January, 1993 3. FINANCE DIRECTOR'S REPORT - January, 1993 2 i 4. TENTATIVE PARCEL MAP 29-89, 5100 CASCABEL RD. Reconsideration to modify parcel configuration, private driveway improvements and to eliminate an existing condition of approval requiring an open space easement along Graves Creek (Safarian) 5. PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION AGREE- MENT (Contract No. 93-006) 6. RESOLUTION NO. 14-93 - Amending softball tournament guidelines, City facilities policies, procedures and fees C. PUBLIC HEARINGS: 1. SOURCE REDUCTION &RECYCLING ELEMENT- First public hearing under A.B. 939 D. REGULAR BUSINESS: 1. ORDINANCE NO. 268 - Amending Ordinance No. 252, Section 2-13.03 of the Atascadero Municipal Code, amending the terms of the members of the Parks & Recreation Commission 2. Request to support the League of California Cities Channel Counties Division's Legislative Action Program for 1993 - Request Council direction E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 3 o PROCLAMATION "CAMP FIRE BIRTHDAY WEER" March 14 - 20, 1993 WHEREAS, Camp Fire, the national youth organiz,*tion, will be celebrating its 83rd birthday on March 17, 1993; an'i WHEREAS, The Chumash Council of Camp Fire iiq the City of Atascadero teaches boys and girls self-relian6e and good citizenship; and WHEREAS, Through contemporary programs and by speaking out on issues that effect youth and their families, today's Camp Fire is helping kids cope with their changing world; and WHEREAS, In Camp Fire, the choices and opportun .ties are wide open for boys and girls; and WHEREAS, Through Camp Fire, young people ark learning to develop confidence and to gain skills needed to bec(ome tomorrow's leaders; and WHEREAS, Camp Fire is commended for the opportunities its programs offer to young people in the City of Atascadero and throughout the nation and for the many services these young people cerform for their communities through Camp Fire; NOW, THEREFORE, I, Robert P. Nimmo, do hereby proclaim the week of March 14 - 20, 1993 to be "Camp Fire Birthday Week" ROBERT P. NIMMO, Mayor City of Atascadero, CA March 9, 1993 k P • Benda Item B-I Meeting Date: 03/09/93 ATASCADERO CITY COUNCIL FEBRUARY 23, 1993 y MINUTES The Mayor called the meeting to order at 7 : 00 p.�n. Councilperson Borgeson led the Pledge of Allegiance. ROLL CALL: Present : Councilmembers Bewley, Borge�on, Kudlac, Luna and Mayor Nimmo Absent: None Also Present : Muriel "Micki" Korba, City ' reasurer and Lee Raboin, City Clerk Y Staff Present : Ray Windsor, City Manager; y Takata, Assis- tant City Manager/Director of Community Services; Henry Engen, Community Development • Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief; Stevel Sylvester, City Engineer and Mark Mark ort, Chief of Wastewater Operations PROCLAMATIONS: 4 Mayor Nimmo read the proclamation for "DeAnza Da " , March 4, 1993 and presented it to Russ Kolemaine, representing the Trail Committee of San Luis Obispo and the Atascadero Historical Society. The mayor also read the proclamation for "Arbo' Day" , March 7, 1993 , and presented it to Marj Mackey, member o the Native Tree Society. w COUNCIL COMMENTS: Councilman Luna_ shared pictures of road damages he witnessed in town as a result of the recent rains . He encouraged other members of Council to go out. and look themselves and asked staff for a status report . Andy Takata provided an overview of the problems and apprised the Council of the efforts of staff to rectify the situations . Councilwoman Borgeson indicated that she had r .ceived telephone . calls from citizens inquiring when the Monterey Road Bridge would CC 02/23/93 Page 1 e be open. The City Manager replied that he did not have a defini- tive date to report because staff was awaiting final approval and release from Caltrans on the project . COMMUNITY FORUM• Eric Greening encouraged youth participation in', government and urged the removal of signs presently posted at City Hall regulating the admittance of children under the age of 16 . He also endorsed the concept of public recognition of those providing outstanding community services . Rebecca Simmons, San Benito Elementary School student, asked the Council to give high priority for bike lanes on roads children ride or. walk to school . A. COMMITTEE REPORTS (The following represent a& hoc or standing committees . Informative status reports were given, as follows . ) : 1. S.L.O. Council of Governments/S.L.O. Regional Transit. Authority - Mayor Nimmo announced that m6etings would be held March 3 , 1993 in San Luis Obispo. 2 . Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported that the task force would meet next on March 4, • 1993 . 3 . County Water Advisory Board - Councilwoman Borgeson stated that the board would meet the first of March. 4 . Economic Round Table - Henry Engen indicated that the next meeting would be the 10th of March: 5 . Recycling Committee - Committee member Dennis Loftus presented an overview of the committee'''s achievements, goals and current projects (report on , file with City Clerk) ., B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows : 1. CITY COUNCIL MINUTES February 9, 1993 2 . TREASURER'S REPORT' -- December, 1992 3 . TENTATIVE TRACT MAP, 92-002, 5100 SAN ANSELMO Proposal to subdivide one parcel containing 5 .3 acres ;into four resi- dential. lots containing approx. 1. 0. acres each and one lot containing approx. -1 .5 acres (A.C. Properties/ EMK & Associ- ates) CC 02/23/93 Page 2 I 4 . RESOLUTION NO. 11-93 - Changing the City Attorney' s services • from contract to salaried employee 5 . RESOLUTION NO. 12-93 - AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH TARTAGLIA-HUGHES, CONSULTING ENGINEERS FOR ASSESSMENT DISTRICT ENGINEERING SERVICES Mayor Nimmo pulled Item #B-5 and reported that duo to a potential conflict of interest, he would step down from deliberations on the matter. Councilwoman Borgeson asked that Items 4B-3 and B-4 be pulled for additional information. MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Items #B-1 and 3-2; motion carried unanimously by roll call vote . Re: Item #B-3 . TENTATIVE TRACT MAP 92-002, 5100' SAN ANSELMO Councilwoman Borgeson shared concerns relating to drainage and asked what safeguards were being considered to ':assure drainage improvements_ would be made . _Art Montandon advised that when this item comes back for final Council approval, the City Engineer will either certify that all the improvements are complete or recommendation to approve a subdivision improvemept agreement . He added that there is no legal requirement that the Council must accept bonds or other securities in lieu of having ''jthe improvements complete and indicated that if the Council were unsatisfied with • the improvements, it could deny the subdivision improvement agreement and the map. There was no comment from the public. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve Tentative Tract Map 92-002;'; motion carried 5 . 0 . Re: Item #B-4. RESOLUTION NO. 11-93 - Changing the City Attorney' s services from contract to salaried employee Councilwoman Borgeson asked for clarification. ',; Art Montandon provided details about the City' s present contract with the law firm of Burke, Williams & Sorenson with whom he is associated. He proposed that the City would reduce legal fees by changing his status to permanent part-time and noted that approval would give staff direction to prepare his employment contract and make appropriate amendments to the Burke, Williams & Sorenson contract for back-up legal services Councilwoman Borgeson indicated that she preferred conducting a trial period to ensure that the change , would result in a cost CC 02/23/93 • Page 3 i savings to the City. She suggested that the resolution be amended • to provide that the matter be brought back for review at the end of the fiscal year. There were no comments from the public. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Resolution 11-93 , subject to the additional provision that the matter come back for review at the end of the fiscal year; motion carried unanimously by roll call vote . Re: Item #B-5 . RESOLUTION NO. 12-93 - AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH TARTAGLIA-HUGHES, CONSULTING ENGINEERS FOR ASSESSMENT DISTRICT ENGINEERING SERVICES Mayor Nimmo stepped down from the dias because of a potential conflict of interest. Councilwoman Borgeson asked if the bid process was followed regarding this matter. Henry Engen remarked that : staff has been operating under a pre-existing contract and explained that the scope of work has been expanded as a result of Council action taken on December 8 , 1992 regarding the City-initiated formation of the Street Improvement Project 1992 assessment district . He reported that Robert Tartaglia has subsequently submitted a revised contract and clarified that staff will seek Requests for Proposals for • formal designs and working drawings . Councilman Kudlac inquired about the proposed late performance fee. Mr. Engen noted that the $250 figure for fixed and liquidated damages resulted from a push for timely performance by residents spearheading the assessment district. Public Comments : Robert Tartaglia, Tartaglia-Hughes Consulting Engineers, voiced objection to contract amendment language regarding fixed and liquidated damages, liability insurance and deadlines. He asked the Council to lower the $250/day fee for fixed and liquidated damages to $100/day; or if that is not acceptable, grant him 50 days for performance instead. of 45, as proposed. '' Mr. Tartaglia also stated that he believed the requirementsfor liability insurance were excessive, but noted that he had acquired the additional Errors & Omissions insurance. Steve Sylvester responded to Council questions and recommended a compromise of maintaining 45 days for performance, but reducing the penalty to $100/day. Councilman Bewley asked the consultant if he would be comfortable with this; Mr. Tartaglia indicated that he CC 02/23/93 • Page 4 would. • Mayor ProTem Kudlac mentioned that he would like to ;see language in the contract amendment to protect the consultant for being held responsible for delays caused by either the City or others . Henry Engen indicated that Article, 7 of the proposed contract amendment was written with that intention. There were no comments from the public . MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 12-93 with the amendment that fixed and liquidated damages be changed from $250 to $100 and, further, giving direction to staff to ensure that protective language relating to delay's is included; motion passed 4 : 0 . Mayor Nimmo returned to the deliberations . C. PUBLIC HEARINGS: None D. REGULAR BUSINESS: 1. EL CAMINO REAL MEDIAN - Status Report Steve Sylvester provided background and highlighted significant • details of an independent review prepared by Keith Higgins & Associates of the newly-constructed raised median on south El Camino Real . He presented a 2-part recommendation: Direct staff to (1) review and implement short term operational improvements and (2) perform a 180-day operational review to include a speed study. In addition, he made specific recommendations for modifications of certain problem areas resulting from the median installation. Council questions followed. Public Comments : The following residents and/or business persons spoke in opposition to the median: Mark Simmons, Hoover' s Hacienda, demanded that the median be removed. Dan Phillips, Dan' s Barber Shop read a :letter from Ed Biaggini, Patria Village, (see Exhibit A) supporting modifications recommended by staff : Jack Wallace, stated that the proposed 180-day review period was too long. CC 02/23/93 • Page 5 Mary Jo Wallace, 10025 E1 Camino Real, provided suggestions • relating to signage and partial removal of the median. Mike Goodman, Outlet Tool Supply, read a letter from Dennis Sutton of Northern Energy, Inc. (see Exhibit B) asking that the median concept be dropped from the General Plan. ' Jay DeCou, DeCou Lumber, asserted that pick-up trucks and large vans cannot make the u-turns and argued that the six-month review period was too long. Speaking for Residents Against the Median (RAM) , Mr. DeCou urged the Council to (1) approve removal of the median from the north end of E1 Camino Real to Musselman, (2) direct staff to work with Mr. Biaggini to create a turn lane in front of Patria Village, (3) remove the southern tip of the median to provide direct access to the driveway of the Columbo residence and (4) approve an encroachment permit to allow RAM to do the modifications . He then explained that RAM had obtained a bid from H.D. Peterson to do the work for $12,500 and indicated that RAM was willing to contribute funds already raised in the amount of $2, 500 . In summary, Mr. DeCou declared that a two-way left turn lane was a better alternative to the median strip. Bob Feldman, 10025 El Camino Real, proclaimed that the installation of the median was a disservice to the City. ---End of Public T4stimony--- • Lengthy Council discussion and questions to staff followed. Councilwoman Borgeson remarked that the median was poorly designed and engineered and indicated that she was inclined to follow the recommendations presented by RAM. Councilman Kudlac made two specific inquiries . Steve Sylvester explained what it would take to lower the spud limit in the subject area. Art Montandon advised that the City is obligated to adhere to laws regarding public works projects to ensure that an experienced, bonded contractor was selected and the health, safety and welfare of the community was protected. Councilman Luna contended that it would not be fair to all citizens of Atascadero to approve spending an additional $10, 000 on the median and suggested that an assessment district be formed in the area to fund the median removal. Henry Engen responded to inquiry from Councilman ''Bewley regarding signalization. Mr. Engen reported that the State Hospital has requested the City to install a signal. Councilman Bewley explained that he was not willing to spend any more taxpayer dollars without first exploring this and other options including stop signs and lowering the speed limit . CC 02/23/93 • Page 6 6 k, Mary Jo Wallace, 10025 El Camino Real, provided suggestions relating to signage and partial removal of the median. Mike Goodman, Outlet Tool Supply, read a letter from Dennis Sutton of Northern Energy, Inc. (see Exhibit B) asking that the median concept be dropped from the General Plan. Jay DeCou, DeCou Lumber, asserted that pick '-up trucks and large vans cannot make the u-turns and argued that:: the six-month review period was too long. Speaking for _Residents Against the Median (RAM) , Mr. DeCou urged the Council to (1) approve removal of the median from the north end of El Camino .Real to 'iMusselman, (2) direct staff to work with Mr. Biaggini to create a turn lane in front of Patria Village, (3) remove the southern tip of the median to provide direct access to the driveway of the Columbo residence and (4) approve an encroachment permit to allow RAM to do the modifications. He then explained that RAM had obtained a bid from H.D. Peterson to do the work for $12, 500 and indicated that RAM was willing to contribute funds already raised in the amount of $2, 500 . In summary, Mr. DeCou declared that a two-way left turn lane was a better alternative to the median strip. Bob Feldman, 10025 E1 Camino Real, proclaimed that the installation of the median was a disservice to the .City. ---End of Public Testimony--- Lengthy Council discussion and questions to stuff followed. Councilwoman Borgeson remarked that the median was poorly designed and engineered and indicated that she was inclined'': to follow the recommendations presented by RAM. Councilman Kudlac made two specific inquiries. Steve Sylvester explained what it would take to lower the speed '-limit in the subject area. Art Montandon advised that the City i'!s obligated to adhere to laws regarding public works projects" to ensure that an experienced; bonded contractor was selected and the health, safety and welfare of the community was protected. Councilman Luna contended that it would not be fair to all citizens of Atascadero to approve spending an additional $10, 000 on the median and suggested that an assessment district be', formed in the area to fund the median removal . Henry Engen responded to inquiry from Councilman Bewley regarding signalization. Mr. Engen reported that the State''; Hospital has requested Caltrans to install a signal . Councilman Bewley explained that he was not willing to spend any more taxpayer dollars without first exploring this and other options including stop signs and lowering the speed limit. • CC 02/23/93 Page 6 Councilman Kudlac indicated that he favored the staff recommenda- tions but was not supportive of approving RAM' s request for an encroachment permit, based on the City Attorney' s advice. Steve Sylvester indicated that a _public works project cannot legally be performed through the encroachment permit process . Responding to comments relating to a speed survey, Chief McHale reported that the department could complete a study! in two weeks and provide a preliminary report, but emphasized that it would not be possible to provide a certified study in this short time. Steve Sylvester agreed adding that it would take a full180 days to complete a substantive study with an accident analysis; but suggested that, if Council so desires, staff could ' come back in farcy-five days with a report based on a two-week study conducted Oy 1-1he '_,. of ice Department . MOTION: By Councilwoman Borgeson to (1) direct the 'City Engineer to review and implement short term' operational improvements regarding signage, striping, and facilitating u-turn and left turn movements and (2) direct staff to perform a 180 day operational review and report, including a speed study, for the area of new construction. Develop recommendations, including cost estimates, for permanent alterations to the',!raised median and report back to Council . Motion died for lack of second. MOVION: By Councilman Kudlac, seconded by Councilwoman Borgeson to (1) direct the City Engineer to review and implement short term operational improvements regarding signage, striping, and facilitating u-turn and left turn movements and (2) direct staff to perform a 45 day operational review and report, including a speed studyt' for the area of new construction. Develop recommendations, including cost estimates, for permanent alterations 'to the raised median and report back to Council; motion passed 4:1 (Councilman Luna in opposition) . At 9 :47 p.m. , the mayor called a ten-minute break. At 9 :57 p.m, rhe sheering resumed. 2 . 'WASTEWATER TREATMENT FUND - Status Report/Request for author- ization for rate review consultant Henry Engen provided the report and recommendation to approve a City sewer rate analysis . Mark Markwort, Chief of Wastewater Operations, was also present for questioning. Councilman Luna asked if the Atascadero Unified School District and Atascadero Mutual Water Company were paying for sewer service . t' � 02/28/93 Staff indicated that the School district was not, but the Water Company was . Staff explained that waste water operations expenditures outweigh revenues and currently residential rates subsidize commercial use . It was noted that a complex analysis will determine an equitable fee raise. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to authorize the Community Development Director to negotiate with Crawford, Multari and Starr to analyze the current sewer system rate structure and user fees for a fee of up to $5, 000, and recommend an appropriate fee resolution for adoption; motion carried unanimously by roll call vote E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk Lee Raboin reported that she had recently graduated from the three- year program, Continuing Education for Public Officials (CEPO) . 2 . City Treasurer Micki Korba provided clarification on interest earnings reported in the December Treasurer' s Report . THE MEETING WAS ADJOURNED AT 10:24 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MARCH 9, 1993 AT 7 :00 P.M. MINUTES RECORDED PREPARED BY: LEE RABOIN, Citj Clerk Attachments : Exhibit A - (Biaggini) Exhibit B - (Sutton) CC 02/23/93 Page 8 PatdaVillaee FEB"2 is93 ANEWGc-•"' 10700 E1 Camino Real•Atascadero,CA 93422. 805/466-3730 WY OF ATASCADERO CITY CLERK'S OFFICE :CCp2/23/93' A EXHIBIT ebruary2l, 1993 A.tascadero Cittyy Council i C ofAtascadero y 5-P00,alma Ave. Atascadero,l-Ca.93422 . Dear=Council member:.,, T_Wish to,comment on your recent,decision to direct your staff to meet with residents against.the median.as-well-,as the.results �of that meeting. Lam sorry that am unable to.attend your-meeting:this eveningbut it is my hope that thus letter will -serve`the'same purpose. have spoken to several folks who attended the meeting:and I have read tie .staff report as well as -spoken to Mr. Sylvester, your engineer. :I must.say that:I am Very impressed. It appears that you have.made a serious effort o:understandour concerns:about the safety as well as the-economic impact of.the ' raised median. Ever=since-the concerns over the:medianstarted-being expressed man y of us were-accused of being over reactive and-unwilling I :accept cha iZe. Now after leading your-staff's report,our concerns have found pme credibility. `. •, As , have mentioned in the past;Ve have ,been unable to find one report, and we really have looked, that-truly.supported raised medians,over two way turn lanes. The reason is.because they ust;are not as safe_ Itis-our opinion that to .: _ sacrifice that safety for the sake of.esthetics is misguided:and iwpoor judgment. Lets-not waste,six months to come a with another plan. Ybu have the aswer in you hands`tonight.,Award the additional mprovemen%to the median oto the community itself and let- s"take care of it. It-wi11 be do quicker,ata lot less .expense sand most of all it will show that you, our Leaders, ado care about our _ safety and our future. Thank you for your consideration and thank you staff for your very prompt:attention to our concerns. Sincerely, ::' Ed Biagg Patria Village Builders'Ed Biaggini III and Father Business office 1148 Market Morro Bay,CA 93442 805/772-5453 (� s t FEB 2 SAMW aar, € �C CCO2/23/93 EXHIBIT B Date: 2-23-93 To: City Council Atascadero From: Dennis Sutton District Manager Subject: Raised Median I I regret that I have to be out of town for this meeting. Northern Energy is very concerned about the raised median issue. During the fall and winter months this plant is very busy delivering and receiving fuel. We have (3) large bobtail trucks and plan to add a fourth next year. This plant will receive 2-3 transport loads a day, which would require lei both lanes to make the turn into the driveway. The turn lane provides more saftey and gives the driver more time to set up his turn. All transports are required to use the Santa Rosa exit when entering the town. Now Curbaril will be used, which is extremly heavy at peak times. We try to have our wholesale department schedule around this, but at times it is impossible to do. All of my delivery trucks will have to use the same route when returning each day to the plant at S:OOpm_ For these safety reasons, Northern Energy strongly opposes the raised meaian_ itie would like this issue dropped from the general clan. . NORTHERPt ENERGY INC. 8950 EL CAMINO STREET • ATASCADERO,CA 93422-5336 - (805)466-1232 N C a, f REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda';' Item: B-2 From: Micki Korba, City Treasurer Meetinrl Date: 3/9/93 SUBJECT: City Treasurer's Report RECOMMENDATION• Attached is my report for the month of January, recommended for Council approval. a 000009 l I CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH ENDING JANUARY 31,1993 TABLE I: SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS 1993 1992 Beginning Cash Balance '- 6,233,637.76 6,166,905.24 Plus: Cash Receipts 441,316.00 561,288.05 Plus: Tran Receipts 0.00 0.00 Less: Disbursements (1,269,865.95) (871,895.44) Ending Cash Balance 5,405,087.81 5.856,297 85 Plus: Outstanding Transactions 250,950.70 82,468.64 --------------- --------------- Adjusted Cash Balance 5,656,038.51 5,938,766.49 TABLE 'll: `SCHEDULE OF INVESTMENTS y ---------------------------------------------------------4----------------------------------------------� Interest Interest Interest Name Amount Rate For Month Yr-to-Date a ------------------------------------------------------------------------------------------------------- Orange County Invest. Pool 5.525,766.21 8.17% 0.00 206,537.93 L.A.I.F. 4,225.99 4.68% 45.76 12,518.98 Mid State Bank 1_25,100.39 2.75% 1,061.71 6,262.65 Petty Cash 925.92 N/A -N/A- N/A � --------------- -------- TOTAL: 5,656,038.51 _-_ _1_107_47 _-225,319.56 L.A.I.F Interest Paid Quarterly in-month following end of Quarter_ Orange County Investment Pool•Interest Paid Quarterly in 3rd month after Quarter's and. Interest Rate is for Current Month - not for earnings shown. j I certify that this report reflects all Governmental Agency pooled investments and is in conformity with the Investment Policy of the City of Atascadero as stated in Resolution No. 126-92 dated_ 12/08/92. A copy of this Resolution is available at the Office of the City Clerk. The Investment Program herein shown provides sufficient cash flowrliQuidity to meet next month's estimated expenditures. _ 1 SIGNED: Muriel C. Korba, City Treasurer i 000010 IS REPORT TO CITY COUNCIL Agenda Item: B-3 CITY OF ATASCADERO Through: Andrew J. Takata, Ass-t. City Manager Mtg.� Date: 3/9/93 From: Mark Joseph, Administrative Services Director i SUBJECT: Revised format for the Finance Director'sj Report BACKGROUND/DISCUSSION Starting with January, 1993, changes have been made regarding the format of the Finance Director's _-port' of the monthly financial report to Council. First, the document has-been divided into two separate reports -- the Treasurer's portion and the Finance birector's. Since the Treasurer's Report is based on cash and the Director's Report is based on accrued revenues, separating the'G� reports should help avoid any possible confusion. Second, the type of information presented has changed: The - Finance Director's report now includes a new schedule of Changes in Fund Balances, for all major funds. This will present information on a fund's equity position at the beginning of the fiscal year, all year-to-date revenues earned and all year-to- date expenditures made (including interfund transfelrs) , with the fund's balance as of the reporting period (in this Case, as of January 31, 1993) . In addition, the Budget-too-Actual and Prior Year Comparison tables have been modified to reflect the General Fund only. This should allow Council to better monitor that particu4r fund's performance, particularly in light of the City's financial condition, due in large part to the combined effects of the State' s lingering recession and its dramatic budgets, problems. We are also currently working on graphics which will assist in presenting this financial information. We hope to incorporate these features into the financial reports in the near future. As in the past, Staff is ready to answer any g0estions Council or the general public may have regarding any of the information contained in these reports. 000011 i III FINANCE DIRECTOR' S REPORT FOR THE MONTH OF JANUARY, 1993 (58. 3%) TABLE ONE: SCHEDULE OF CHANCES IN FUND BALANCE, BY FUND 6/x30/92 YR-TO-DATE YR-TO-DATE YR-TO-DATE FUND NAME BALANCE REVENUES EXPENSES BALANCE ------------------ General Fund (42, 708 ) 5 , 315 , 185 3 , 721 , 994 1 , 550 , 483 Gas Tax 347 , 978 212 , 630 705 , 935 ( 145 , 327 ) Zoo Operations ( 111 , 355 ) 102 , 624 124 , 253 ( 32 , 985 ) Dial-A-Ride 87 , 444 116 , 627 209 , 960 ( 5 , 889 ) Wastewater 8 , 55:3 , 406 387 , 542 502 , 878- 8 , 438 ,070 Park Concession 11,6, 173 13 , 649 8 , 863 20 , 959 Lake Pavilion ( 119 , 569) _ 29 , 028 27 , 708 ( 18 , 249 ) Aquatics 0 16, 227 30 , 621 ( 14 , 394 ) Recreation0 192 , 579 = 210 , 676 ( 18 , 097 ) Tree Planting Trust 28 , 032 7 , 216 534 34 , 714 Sidewalk Trust 35-, 586 0 0 35 , 586 A.D. #3 - Debt Service 12, 000 3 , 625 0 15 , 625 A.D. #4 - Debt Service 164 , 781 55 , 689 121 ,003 99 , 468 A.D. #5 - Debt Service 54 , 201 19 , 381 37 , 536 36 , 046 C.O.P. Debt Service 2912 , 850 95 , 000 2 , 891 384 , 958 Capital Projects Fund 59 , 715 1 , 494 , 809 1 , 451 , 920 102 , 603 Police Impact Fee ( 18 , 901 ) 81015 29 , 000 _(99 , 887 ) Fire Impact Fee 138 , 781 20 , 749 0 159 , 530 Parks Impact Fee ( 326 , 154 ) 34 , 739 16 , 102 ( 307 , 518 ) Drainage Impact Fee 321 , 920 22 , 004 25 , 357 318 , 566 Amapoa-Tecorida Fund 150 , 045 13 , 883 228 163 , 700 Streets & Bridges Impact 413 , 414 31 , 601 366 , 449 138 , 566 St . Maint . Districts 3'6 , 456 1 , 112 0 37 , 568 TDA/Non-Transit 828 , 312 27 , 309 246 , 741 608 ,879 ------------------------------------------------ TOTALS 19 , 343 , 626 16, 061 , 870 19 , 343 , 626 11 , 502 , 977 NOTES : 1 . 6/30/92 Fund Balances ar�6 from the City' s books and have not been confirmed by the outside auditors . 2 . The 6/30/92 Fund Balance figures represent the total equity position of the fund. For Enterprise funds , such as Wastewater , this includes the fund' s fixed assets . As a result , the City' s cash position will be considerably less than it ' s equity position. 3 . The General Fund YTD Revenues include the TRAN receipts , which will be transfered out of the fund by 6/30/93 . a FINDIR.wk3 - 04-Mar-93 000012 A 'i • INAK"l I)` '.I'OTOR ' " ""POUT "OR THE MONTH OF .1ANUARY , 199:: ( 58 . 3%) TABLE TWO: BUDGET-TO-ACTUAL COMPARISON , UFNERAL FUNI) ONLY FY 9'-41 BALANCE PCT. OF R1,`r'KNUF/EXPFNIIITURF BUDGEiT Y1.--TO-DA'Z'E WEMA[NiNG BUDGET .`roperty ? axe,, . 400 . 000 1 . 2 3- . )68 062 . -32 � 1 bar WI -4 TA\ inwono 080 . 554 S69 . 440 Tranti ent _Occupancy Tax l 10 . 000 55 . 343 54 . 65, 50 ;`_, Franchise _Fees 405 . 000 3S , 755 366 . 245 Other Taxw; 50 . 100 50 50 . 050 0 I Runinenn 1_ icen:,es 1. 10 , 000 02 . SS4 4- . 11 - c nn4 t ru c t i ctn PermA n 106 . 000 135 1 63 1 -0 , S3" 44 . 2',-,, Notor vehicle In-Lieu 350 . 000 460 . -OA_ 399 . 29q 54 . 2'''.*, Othur intergovernmental 145 . 600 100 - 053 44 . 947 69 . 0`7'. Planning > Eng . Feen i . 400 41 . 23 132 . 2 ' ? i Other Fceq 8 Charges 49 . 500 2 1 . 5 0 2- . 930 43 . 6`' ;es c: Forfeitures 60. Q0G 20 . -53 40 . 147 34 . 1,-.. Other, R evevue 6" . 500 00 2 . 0 1 6 . 04 i l ` 13 , 442 1 OS? . K, TOTAL REVI NUV 6, 831 , 000 5 , 3 1 5 , 1 85 t , 5 .1 5 , 8 1 5 77 . 8% City v o n Z KV000 0 + ; 460531 _ lanaver 135 . 050 6 16 5S . 334 5 6 3 Personnel 65 . 525 32 . 616 32 . Q09 4 Q . p _ fire 1 . 092 , -50 ?0 66- -? S 3 pnh Works _. _ no 125 . OS2 '. _. :_ S 5th ) -_ n r y De v ' t opment _0Q . 460 154 . 230 355 . 210 Servicus/Admin 31 - 600 i4 . 4qS 1 - . 102 - - - ` lqp , onn 211 . 75Q 1 -2 . 241 5 ' -r Finn- _ _ 2 - 2 . 450 151 . 454 120 . 500 _ . 44 . 2nr, __0 �5_ _3_'. , 2' '. 5 5 1 Q1_ TOTAL, EXPENDITrtP FS 61424450 3 , 721 , 994 3 . 107 . 456 54 . 5% _ P _ cnU_ u_, . , the TRAY nncnipt4 . whi & will he t "r_.w fered F I NAPW DIRECTOR ' S REPORT FOR THE MONTH OF JANUARY . M3 ( 54 . 3:`) TA13i,K THREE:E: PRIOR YEAR COMPARISON , GENI',R.AL i't•`ND ONLY CURRENT PRIOR PCT. RE,VE;NUE/E XPENI}ITURP: MONTH YR--`['O-E)A'T'H YR-TO-DATE CHARGE, Tranhient Occupancy Tax 24 . 532 55 . 343 52 . 351 Franchise Fee-, - . 151 )S - - 35 . 610 GAr Taxes 50 50 0 0 _ Rusinenh 11ctn e�; 16 - 336 62W4 5Q . 432 5 , , ? . 600 1 35 . 11:;3 ! PQ . 9 4 - 2 W) , i',�n�, _ ,�uCt tc.r. Permits tti - `. ` nior Vehicle . n-L ' .. .. 71 - 359 4 :o . -01 454 428 othcr w. :a'. .. Suhvent .. ..vs 1It S >_' 991 2- . 905 ) C)r (.; 100 , 053 1 ` 5. 3 3? Other intergovernmental 4 t _ planning ,4 Eng . Fees 3 . 6S4 � _ _ Other Fees. & Charges -F -Q4 21 , 510 35 . 707 -39 . W7- _ W 8 Fn 1�ei t} r ._ ti3 . 29Q 20 2 . 906 014 . 1"1. [nvuqlment Earning,, 1 . 062 r o . 43- 30 , 674 Other Revenue enue 1W . 135 2 1 6 - __ 5 10 r 163 . 6R4 - ' S 5 df15f _IS E1 1 _. - . ----------------- ------ - -- ---------------- TOTAL --- `--- -_...-_-.-.__`1'OTAL REVENUE 377 , 304 5 3 ' S 1 <;5 3 . 50 1 , 343 48 . 0% nun . /u 1 r . i C,asu r ;.� . . 54S .� .. Cky '_l.na _ . ,. 10 - 252 - 15 85 . 045 �) . Personnel 4 . 44' .1 2 6 1 6 64 . 541 kr(- 83 . 364 620 . 66- 692 . 023 PqKiv work.-'� 17 . 260 125 , 082 231 . 05 Community 11eT-t 1]'Ilil t 10 . 0-5 5 _ 30 - 1 . 481 y 4 24 - - 21 Ci pllk � 20 . 933 W - 551 235 . 3S6 _ 5 7 9 1 6 . 5 5 t _ CT n«_ 1c9 ( i1 .. 11�aicE' 1 i 0 _2 ,i�i , sirwat '-, 29 . IS4 211 . 15q 235 - 659 KnNlae 54 151 - 454 1 1 36 -; Riq� yanayewnt 3 . 334 202 . 650 225 ,5-4 84 . 123 ? 50 . 055 110 , 741 t R . Ah6 110 ' 11) 4Z4 . 4-6 TOTAL EXPENDITURES � 521 , 393 ' , ? 1I 9Q4 4 , 7O604.2 -20 . 9% i , , . which it1 h tr�,.t ' i i i!' i't' _i l[1 C: 1 ,i ciJ(1 e` t-1]L � ,_A.. _. 1 T]'. r. . 1'. 1 ai of Wu fund h) l .)A i . FINAWF DAWTOP ' S RFPOHT YOR THK MONTH OF JANUAUV . 001 NOTH TO THF VINANUC DIUVCTOR ' S PUPOPT : Kc uuvhpl • in the Traa4urav * 4 Report. iry cnsh ha d . Lhin rcpart 14 Thuq , the TruHsurvr ' n Puport m6asurcn coWi 8cluall ; r u c c i k u d " r spent duriny the month : thisI�Upory pre4unt '' rviunuun unrned ci uNpunditurcs i "curryd . vogniii' 44 ar when tu act-un! race ipt or dinhurqament: occnrs . A4 A jknull . ripuru', From the Iwo rupoc ! s will noL alwnv4 tie- in toyvthuv 1 , '�Iry 104cph . on hereby Lvctltd tha ! low aholu OWMdVion A Nucurniv and ruriects the ujry ' q finmncin ! posivinn &Y Lh,-.i, pvfiod tilt vicind . Howovec . thu informikon in UK iuport, is unNudked . and may tho -crorc be vubjec ; to Futunu re!V ' qionn . p REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda ,Item• B-r4 Through: Andy Takata, Assistant MeetingpDate: 03/09/93 City Manager File Nu�aber: TPM 29-89 From: HenryEngen, Community Development Director -,A SUBJECT: Reconsideration of Tentative Parcel Map 29-89 to modify parcel configuration, private driveway improvements and to eliminate an existing condition of approval requiring an open space easement along Graves Creek (5100 Cascabel Road) (Safarjan) ."' RECOMMENDATION• Per Planning Commission recommendation approve the above-referenced reconsideration in accordance with staff's ;recommendations contained in the attached staff report. BACKGROUND: The City Council approved Tentative Parcel Map #�8- 89 on May 8, 1990, and on July 14, 1992 , granted a one yeartime extension request to May 8, 1993 . On February 16, 1993, the Planning Commission conducted a public hearing on reconsideration of Tentative Parcel Map #29-89 and on a 6: 0 vote (Commissioner Hanauer was absent) recommended re-approval based on the Findings and the revised Conditions of Approval (see attached Minutes Excerpts) . This permits the regulation of the flag access but retains the open space easement. HE:ph cc: William Safarjan Attachments: Planning Commission Staff Report - 2'x/16/93 Planning Commission Minutes Excerpts'' - 2/16/93 ITEM : B . 3 M E M O R A N D U M TO: Planning Commission FROM: Gary Kaiser, Associate Planner X0.2-"A SUBJECT: Reconsideration of Tentative Parcel Map #29-89 5100 Cascabel Road (Safarjan) DATE: February 16, 1993 RECOMMENDATION: Staff recommends the following: 1. That the Negative Declaration prepared for the previously approved Tentative Parcel Map be found adequate for the subject reconsideration. 2. That a Subdivision Exception be granted relative to required_ accessway improvements based on the Findings contained in Attachment F. 3. That Tentative Parcel Map #29-89 be re-approved based on the Findings for Approval contained in Attachment G and subject to the revised Conditions of Approval contained in Attachment H. ANALYSIS• Tentative Parcel Map #29-89 was originally approved by the Planning Commission on April 17, 1990 and City Council on May 8, 1990. The staff report prepared for Commission' s April 17, 1990 meeting is attached hereto and should provide sufficient background information regarding the project as previously approved (Attachment I ) . It should be noted that a one-year time extension has also been granted, establishing the current expiration date of May 8, 1993. The subject reconsideration request was received on January 26, 1993 (Attachment B) . The reconsideration offers a modified design for the subdivision, as shown by the revised tentative map (Attachment C) , and requests that conditions of approval related to accessway improvements be reconsidered. Specifically, Condition of Approval #9 requires the construction of a paved twenty-foot wide private road prior to final map recordation. Finally, the applicant seeks elimination of Condition of Approval #13, which requires that an open space easement be established along Graves Creek. An analysis of each aspect of the subject reconsideration -- the modified design, accessway improvements and open space easement -- is presented in greater detail below. # RE: I* B-4, 3/9/93 THE ATTACHED PAGES WERE INADVERTENTLY OMITTED FROM THE CITY COUNCIL AGENDA PACKET Modified Subdivision Design (pp. 000018-000027). • The modified design would relocate the "flag" portion of the rear lot, or accessway, from the southerly portion of the site to the northerly portion of the site. This new parcel configuration would enable access to each of the proposed lots by way of the existing driveway. Whereas the existing approval forces ,2onstruction a new driveway serving both lots on they steeper portion of the site where grading, utility relocation and tree Impacts would be necessary, the proposed redesign would require essentially no additional site disturbance. In addition to unnecessary costs and site disturbance, the construction of a common driveway as currently approved could result in adverse conditions related to public safety. As shown by Attachment A, there is a curve in Cascabel Road lust south of the site. Because of this curve and surrounding topography, a driveway along the southerly property line would be subject to rather severe sight distance problems which are easily avoided by the proposed relocation of the driveway(s) to the northerly property line. Required Accessway Improvements Section 11-8.209(c) of the Subdivision Ordinance states: "The accessway to the rear shall be at least twenty feet wide (developed- to City Standards) for residential zones, except where the accessway is more than one hundred fifty feet long, it shall be at least twenty-four feet wide with twenty feet of pavement. " The City Standard for private driveways that serve less than three (3) lots is: twelve ( 12) feet wide; no steeper- than twenty (20) percent; and paved where slopes exceed twelve (12) percent. Because the common accessway on the original design ',was more than one hundred .fifty ( 150) feet long, a paved twenty-foot road was required. Although the "flag portion" of the modified subdivision does exceed 150 feet in length, the portion of the flag used in common for access, is only forty (40) feet long. Staff recommends the Planning Commission make this practical distinctionbetween the length of the flag and portion of the flag used in common (accessway) . In staff ' s opinion, the aforementioned unnecessary site disturbance and "sore thumb" appearance of a twenty-foot paved road serving these two (2 ) lots in such a rural area is indeed out of character with the neighborhood. Insomuch as the additional width would serve no real health and safety purpose in this particular case, staff feels the existing requirement is indeed excessive. It is therefore recommended that' a Subdivision Exception be granted pursuant to Chapter 11 of the Subdivision • Ordinance to require no accessway improvements beyotd that normally associated with private driveways (above) . ', 000c" Open Space Easement As mentioned above, a condition of approval has been 'imposed on the existing approval which requires that a portion of the site adjacent to Graves Creek be placed in open space easement. Attachment E shows the extent of the required open space easement. Since the County's adoption of the Atascadero Area Plan in 1968, it has always been a stated goal of Atascadero citizens to protect, and even acquire, the creekways. The 1992 Land Use Element and Conservation & Open Space Elements states: "Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development review process, including but not limited to: floodplains, creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites and similar suitable areas. " (Page II-30) The area recommended for open space easement is studded with native Oaks which provide protection for the adjacent riparian habitat associated with Graves Greek; it would certainly be considered the most environmentally sensitive portion of the site to be avoided when it comes to future development. The area also provides a scenic backdrop and screens the neighborhood from residential development and traffic along Graves Creek Road. • Staff supports the required open space easement and is recommending that the condition be retained. ' CONCLUSION• Staff feels the modified design now being proposed is far superior from an environmental standpoint and would result in a safer project which is more compatible with the. neighborhood in which it is located. Whereas the existing design was previously found "approvable", the modified project with reduced accessway improvements is preferred by all parties involved. Attachments: Attachment A -- Location Map Attachment B -- Reconsideration Request Attachment C -- Modified Tentative Parcel Map Attachment D -- Existing Tentative Parcel Map Attachment E -- Open 'Space Easement Attachment F -- Subdivision Exception Findings Attachment G -- Findings for Approval Attachment H -- Revised Conditions of Approval Attachment I -- April 17, 1990 staff report TPM29-89.rec f)00e11.9 ,�� AT CsiiY OF T' Lo�ationNMap ..:J_ TPM #29-89 C()MIWLrivr7v 0;7 V=LO°�tif '«� DcRdRTd+f�V: ARIC }7 ? cG 7 �ZAROII A-�Z: _ I FERNI o '�'�• �o I I tel• /\ / { 41 `ULt►• OSJ v � f A F F -� Ro Q O O Q R04p o u LL 4 o Ci ATTACHMENT B '{ Lj" O ! � _ L�'�� Reconsideration Request '- TPM #29-89 -�:•' COMMLjVr7Y Dr V=r QFW=z DEPr1RTMc:VT 5100 Cascabel Road Atascadero, CA 93422 Y January 26, 1993 i Henry Engen Community Development Director City of Atascadero 6500 Palma Avenue Atascadero, California 93422 REF: Tentative Parcel Map 29-89 (Safarjan) Dear Mir. Engen: I Enclosed is an application for reconsideration of Tentative j Parcel Map 29-89 (AT 89-426) , a personal check for $225 to cover processing costs, and fourteen (14) copies of the revised map. As shown on the revised map, Volbrecht Surveys has reconfigured parcel lines to allow use cTf the existing driveway location. This modification was made to avoid creating an additional site disturbance at the driveway location shown on the original tentative map. By making the above modification, Number 9 of the Conditions of Approval is no longer necessary. Only the first forty (40) feet of the driveway shown on the revised map will be shared jointly by residents on Parcels 1 and 2. Therefore, I an requesting that you formally remove this condition as it is beneficial to both the public and to me. In addition, I an requesting that Condition Number 13 , which requires a fifty (50) foot open space easement along the creek, be removed as well. New language in the 1992 General Plan now provides for adequate protection of the creek, thereby eliminating the need for special conditions. r Thank you very much for your attention to this matter. Sincerely, ���r/mac William Safarjan C: Volbrecht Surveys, Agent Enclosures V, 000€"-V I ILI ATTACHMENT C 11 L" .f�.-AC 5 ADERa Mohd if i 9- Tent . Map CL O �t •� TF�,M #29-89 Cr)MiVtLINITY DEVELOPMENT �;♦ DEPARTMENT c safe # a III 5 I Q c���°gsa a` C =:g gr- sliv a i e�boi )Lao '-4% © abewi e:FS I pp*I ti �• FR 1 N'R � k►IF oq *' 7 �'; S� •_ �La LX'}FA1 _ _ N �N Itht v> k lir f stp CI .�1 1 • e?�r 1 I 0 0 0 l1^711 ATTACHMENT D OF T Existing Tent . Map TPM #29- 89 CADE . CADEIRO CITY Cr?MmL.fiVIY DVrr DPc ;zNT a-E� � Sal YVI EP i /\, � s\� /� \\ ♦Y3/ ^ I I Ali i • •. o '_ y �—rbc � ((3�') .1 ._. � ' 'CLQ " ya• `t I i Y !O $ .. j II ,,yy [[ l 0000, .3 ,� ATTACHMENT E CTS OF �C 4D '�O Open Space Easement TPM #29-89 C()AYfMLrAVITY DE VELD PMEAVT DEPARTMENT c UIW c � h +� J °!g �. ►-bob � ±YS ���'{N.�4 e `V ���7i� h vi -� •� OlY y azZ,I Q ��5 z `Y��- �I✓• a 24 � `:s /�� r✓ eaef� a Ila �< <� ��l lk N r Z arf ie ea ': COX 1 t� d b !�V .e� i 0000;A c ATTACHMENT F - Findings for Approval of Subdivision Exception Tentative Parcel Map #29-89 5100 Cascabel Road (Safarjan) February 16, 1993 SUBDIVISION EXCEPTION FINDINGS: 1. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in the Subdivision Ordinance. 2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4. Granting the modification is in accord with the intent and purposes of the Subdivision Ordinance, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. TPM29-89.exc 000011-5 ATTACHMENT G - Findings for Approval Tentative Parcel Map #29-89 5100 Cascabel Road (Safarjan) February 16, 1993 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared forthe project when originally approved is adequate. MAP FINDINGS: 1. The proposed subdivision, with conditions of approval contained herein, is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision, with conditions of approval contained herein, .is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7.. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. Flag Lot Findings 1. The subdivision is consistent with the character of the immediate neighborhood. 2. The installation of a standard street, either alone or in conjunction with neighboring properties, is not feasible. 3. The flag lot is justified by topographical conditions. j ATTACHMENT H Revised Conditions of Approval Tentative Parcel Map #29-89 5100 Cascabel Road (Safarjan) February 16, 1993 CONDITIONS OF APPROVAL: 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Obtain an encroachment permit from the City of Atascadero Engineering Division and construct improvements as directed by the encroachment permit. Improvements required shall be as follows: a. Construct a four foot graded and based shoulder along the Cascabel Road frontage of the property. 4. Construction of the public road improvements shall be completed prior to the recording of the final map. 5. Offer to dedicate to the City of Atascadero the following right-of-way: Street Name: Cascabel Road Limits: 20 feet from centerline to right-of-way along the entire property frontage. 6 Offers of dedication shall be completed and recorded prior to or in conjunction with the recording of. the final map. 7. Access to Parcel I shall be through the flag portion of the lot. 8. Parcel 2 shall have access from the proposed access easement in the flag portion of Parcel I only. Relinquishment of access rights for Parcel 2 along Cascabel Road shall be delineated on the final map. Parcel 2 shall have access and utility easement rights over the proposed access easement on Parcel 1. These shall be designated on the final map. 9 A road maintenance agreement for improvements within the proposed access easement, in a form acceptable to the City Attorney, shall be recorded prior to or in conjunction with the recording of the final map. . 10. A reflectorized house numbering master sign shall be located at the intersection of the street and accessw4y, and individual reflectorized address signs shall be placed on the right hand side of the individual driveways serving each of the proposed lots. 11. The existing fire hydrant near the intersection of the common access easement and Cascabel Road shall: be upgraded to current standards, as approved by the Fire ::Department, prior to the recording of the final map. 12. A fifty (50) foot open space easement along the property lines adjacent to Graves Creek shall be established wherein no buildings or structures shall be located. This easement shall be reduced to fifteen ( 15) feet where the fifty foot easement would conflict with the existing residence. This easement shall be shown- on the final map, andl'building restrictions applicable therein shall be noted on the final map. 13. A final map drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to final map recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or °shall be set by a date specific and that they will be 'sufficient to enable the survey to be retraced. Monuments set within any road right-of-way shall conform to City Standards. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyor shall notice the City Engineer in writing when the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with 'the processing of the final map. d. A preliminary subdivision guarantee shall: be submitted for review in conjunction with the processing of the final map. 14. Approval of this tentative map shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. TPM29-89 .co2 ATTACHMENT I 4/17/90 staff report TPM #29-89 CITY OF ATASCADERO STAFF REPORT FOR: Planning Commission Meeting Date: April 17, 1990 BY: Karl Schoettler, Assistant Planner File No: TPM 29-89 SUBJECT: Subdivision of one existing lot containing a total of 6. 0 acres into two (2) lots containing approximately 3.2 and 2. 6 acres. RECOMMENDATION: Staff recommends approval of TPM 29-89 based on the Findings for Approval in Exhibit E and subject to the Conditions of Approval in Exhibit F. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Bill Safarjan _ 2. Representative. . . . . . . . . . . . . . .Volbrecht Surveys 3. Project Address. . . . . . . . . . . . . . 5100 Cascabel Road 4. General Plan Designation. . . . .Suburban Single Family 5. Zoning District. . . . . . . . . . . . . .RS (Residential Suburban) 6. Site Area. . . . . . . . . . . . . . . . . . . . 6. 0 acres 7. Existing Use. . . . . . . . . . . . . . . . .one single family residence 8. Environmental Status. . . . . . . . .Negative Declaration posted March 27, 1990 ANALYSIS: The application before the Commission proposes to subdivide one existing lot containing a total of 6. 0 acres into two lots containing approximately 3.2 and 2. 6 acres. The General Plan designation for this site is Suburban Single Family and. the Zone designation is RS (Residential Suburban) . The property is located near the northern terminus of Cascabel Road adjacent to Graves Creek and has one single family residence toward the rear of the lot. Minimum lot size in the RS zone is 2. 5 to 10 acres depending upon /s t 0()00"1 I 9 1 4 the minimum lot size determination using performance 'standards established by the Atascadero Zoning Ordinance. Staff has determined that the minimum lot size for this site is' 2. 58 acres. Lot', size factor Distance from Center (8, 000-10, 000 ' ) 0 . 25 Septic Suitability (21. 0 min/inch avg. ) 0 . 75 Average Slope (5%) 0. 5 Access Condition (Paved road, <15% slope) 0. 40 General neighborhood character (3. 41 acres) 0 . 68 Minimumlot size. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 58 acres The proposed lot sizes of 3. 2 and 2. 6 acres meets the minimum lot size requirement under the Residential Suburban zone. The septic suitability of the site is approximately 21 min/inch and is classified as "moderate" . A concern related to this case is that the subdivisiop will result in the creation of a flag lot (parcel 1) . The; Atascadero Subdivision Ordinance (Section 11-8. 209) states: "Flag lots may be approved for subdividing deep 'lots subject to the following findings: (1) the subdivision is consistent with the character of the immediate neighborhood; (2) the installation of a standard street, either alone or .in conjunction with neighboring properties is not feasible, and (3) the flag lot is justified by topographical conditions. With respect to finding number one, Exhibits A and 3 show that parcels in the surrounding neighborhood are similar in size and configuration, with a number of flag lot parcels present. The second finding concerns the installation of a standard city street as an alternative to the creation of a flag lot. In this case it seems that it is inappropriate to require the installation of a standard city street to serve one lot. Finding x3 refers to the presence of topographic conditions that would justify the creation of a flag lot. The site in question consists of a fairly level lot. However, the primarj consideration here seems to be the configuration of the existing lot which has a relatively short frontage along Cascabel. Road, as well as the presence of the existing single family residence lying to the rear of the lot. Therefore, the remaining area most suited for further building exists towards the frontiof the existing lot. Thus, the existing conditions argue it favor of a flag lot configuration as the most logical way to divide the property . Another issue of importance is the presence of Graves Creek along the north side of the proposed subdivision. As a mitigation measure to preserve the creek in a natural, undisturbed state, staff has conditioned this subdivision to include a fifty foot open space easement along the property lines adjoining the creek. The easement would be reduced to fifteen feet where a fifty foot easement would conflict with the existing structure. This still leaves ample room for development on the remainder of the parcels . CONCLUSIONS: The design of the proposed subdivision is in conformance with the Citv ' s General Plan and Zoning Ordinance. The required findings can be made to allow for creation of a flag lot. The City' s Public Works and Departments have reviewed this proposal and added their own conditions of approval_ KCS/kcs ATTACHMENTS: Exhibit A - Zoning Map Exhibit B - General Plan Map Exhibit C - Tentative Parcel Map Exhibit D - Negative Declaration Exhibit E - Findings for Approval Exhibit F - Conditions of Approval �XHIS= a CITY OF ATASCADERO .G :>,TION AND ZONING �! .. .-• • l:� COMI. UN[TY DEVELOPiWENT 'PPM 29-89 • 6y.,;;�, DEPARTMENT 1 Ile 1 l I Ll zz �;•, ; _ d 'XI :c * RS► _ Zone Cascabel Rd. 0 Zone : Rg H) R i I l �✓ /L(F I RS ( ♦,�,' R S o E"XHI3IT 3 CITY Oil; ATASCADERO GENERAL PLAN ILAP COi�f:Lfi.INITY DEVELOPMENT TPM 29-89 • DEPARTMENT PU i L1C�1� � u Ric. • D.=. °4�{ �C • ppm '•• 9 C LTURE • S i TEI �J o +•. 3100 Cascabel Rd. f • Suburban Single �o / Family 4N �N / rt► � , AG ICU .i.11.E.,1T i CITY OF ATASCADERO Ir""' `"ION AND ZONING ;- 'MC 10 COMMUNITY DEVELOPilvfENTTPM 29-89 DEPARTMENT I . v JAACOo+�T-----'T'-';^ I C; r , 7 A 1 /^� _ 3100 cascabel Rd. Zone: RS I RSA Alt ` I L(FH) A� � �� � �l I 'I` �y I .. - Q \ � 1XI,, A� P1� EXHIBIT a CITY Oi ATASCADERO G�rERAL PLAN HAP �crtR1 �6t COM.MUNITY DEVELOPMENT TPM 29-89 D E P A R TM E cel T PU LIC RIC. ic C LTURE • •STmy 3100 Cascabel Rd. • I Suburban Single v / Family / J l i rS* ` � � 1 =L _ �_, A G I C U ~fit EXHIBIT C ` CITY OF Al- SCADERO TENTATIVE TATIVE PARCEL MA_ COMMUNITY DEVELOPMENT ,TPM 29-89 DEPARTMENT AScof �EL to i , =: \ •a .x er� �)0(10 1 "HIBIT D r CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR 70 7 NEGATIVE.DECI.ARATIOIO COU UN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: IF4 LL 1::,:,A;:, Z -::I-AQ 1�5(CC) CAS 7CA 9:G L A-rAZiCA DSC, CA PROJECT TITLE: I e-n, AT'1'E PROJECT LOCATION: 5IC-0 cel S<-At5et PROJECT DESCRIPTION: cj:: eti;F- ��) � �<-�C �.�� �ti >✓i 0 C-C i S Com,r-1 e A i Q c k G Z •G A C i2C S, FINDINGS: _ 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goais. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERN ATION: Based an the above findings. and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse =pact on the environment. 7i1 Henry Engen Community Development ctor- Date Posted: Date Adopted: 10 4 1 J� li`+ EXHIBIT E - Findings for Approval Tentative Parcel Map 29-89 5100 Cascabel Road ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2 The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed ',;type of development. 4. The site is physically suitable for the proposed ',density of - development. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6 . The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the ';public at large for access through or. use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious public healthl. problems. Flag Lot Findings: 1. The subdivision is consistent with the character 'of the immediate neighborhood. 2. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 3. The flag lot is justified by topographical. conditions. d)4:!01�_': �A EXHIBIT F - Conditions of Approval Tentative Parcel Map 29-89 510Q Cascabel Road (Safarjan) April 17 , 1990 CONDITIONS OF APPROVAL: 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Obtain an encroachment permit from the City of Atascadero Engineering Division and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. Improvements required shall be as follows. a. Construct a four foot graded and based shoulder per City Standard A-1 along the Cascabel Road frontage of the property. 4. Construction of the public road improvements shall be completed prior to the recording of the map. 5. Offer to dedicate to the City of Atascadero the following right of way. Street name: Cascabel Road Limits: 20 feet from centerline to right of way along entire property frontage. 6. Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the map. 7 . Access to Parcel 1 shall be through the flag portion of the lot. 8. Parcel 2 shall have access from the accessway serving (and owned) by Parcel 1 only. Relinquishment of access rights for Parcel 2 shall be delineated on the final map. Parcel 2 shall have access and utility easement rights over the accessway serving Parcel 1. These shall be designated on the final map. 9 . Private road improvement plans , prepared by a registered civil engineer, shall require approval prior to recording of the final map. These shall. include the accessway of twenty- four feet wide with twenty feet of pavement, as required by 000(`: `� M the Subdivision Ordinance. The construction of the access to the rear parcel shall be completed prior to the recording of the final map. 10 . A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to, each parcel at the time it is first conveyed. A note '!to this effect shall be placed on the final map. 11 . A reflectorized house number master sign shall be located at the intersection of the street and accessway and ':individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot.'' 12. Upgrade fire hydrant to city standard at entrance to easement. 13. A fifty (50) foot open space easement along the property lines adjacent to the creek shall be established.'; This shall be reduced to fifteen (15) feet where the fifty foot easement would conflict with the existing residence. This shall be shown on the final map. 14. A final map drawn in substantial conformance with the approved tentative map and in compliance with all, conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shrill be set by a date specific and that they will be sufficient to enable the survey to be retraced. Monuments set within any road right of way shall conform to city 'standard drawing M-1. b. Pursuant to section 66497 of the Subdivisions Map Act the engineer or surveyor shall notice the City Engineer in writing when the monuments have been set.' C. A recently updated preliminary title report 'shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 15. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 2/16/93 ACTION MINUTES SUBJECT: B.3. TENTATIVE PARCEL MAP 29-89: Application filed by William Safarjan for reconsideration of an already approved project to modify the parcel configuration and the private driveway improvements. The applicant also requests that an existing condition of approval requiring an open space easement along Graves Creek be eliminated. STAFF RECOMMENDATION: (Kaiser.) 1 . That the Negative Declaration prepared for the previously approved Tentative Parcel Map be found adequate for the subject reconsideration. 2. That a Subdivision Exception be granted relative to required accessway improvements based on the Findings contained in Attachment F. 3. That Tentative Parcel Map #29-89 be reapproved based on the Findings for Approval contained in Attachment G and subject to the revised Conditions of Approval contained in Attachment H. TESTIMONY: Gary Kaiser conveyed staff's receipt of a letter from the owner of an adjacent parcel expressing support of the proposed modifications. Linda Richardson, Volbrecht Surveys, testified in agreement with staff's recom- mendations and offered to respond to questions. Bill Safarjan, applicant, spoke in support of this proposal. Joan O'Keefe, 9985 Old Morro Rd., requested clarification of the current General Plan language addressing creek protection. She also asked staff to address the question of whether a barn is the best type of building to place adjacent to the creek. ACTION: Approve as per the three staff recommendations, above. Motion: Miller Second: Edwards AYES: Edwards, Lochridge, Carden, Berger, Miller, Johnson NOES: None ABSENT: Hanauer (Page 6 of 8) ()(Fd' ,'� :f REPORT TO CITY COUNCIL ITEM: ';1, B-5 DATE• � 3/9/93 FROM: Andrew J. Takata, Director Imo. Department of Community Services THROUGH: Ray Windsor, City Manager SUBJECT: PROPOSED CONTRACT FOR SERVICES - PALOMA CREEK PARK'' FOOD AND DRINK CONCESSION OPERATION - PALOMA CREEK PARK RECOMMENDATION• City Council award Contract 93-006 for the operatiobn of a food and drink concession at Paloma Creek Park to: ROBERT G. PHILLIPS March 9, 1993 - February 28, 1994 Contract Number 93-006 at a sum of 20 percent of the total gross earnings provided to the City of Atascadero on a monthly basis. BACKGROUND: Due to decreased staff availability, staff is proposing contracting the concession operation at Paloma Creek Park through a private concessionaire. On January 21, 1992 , the Parks and Recreation Commission concurred with staff's proposal to contract concession services at Paloma Creek Park and to recommend the City Council approve such a contract. DISCUSSION• Out of the four proposals received with varying mentis, experience, fee percentages offered, staff feels that Robert, Phillips will offer the best service to the City and public. Robert Phillips was chosen because of his best all around qualifications, including prior concession experience, an extensive menu, sufficient references, and an acceptable 4'fee percentage offered to the City. O00 iii R Parks and Recreation Commission Minutes January 21, 1993 ITEM 6-A - REQUEST FOR PROPOSALS - PALOMA CREEK PARK FOOD & DRINK CONCESSION• (Paula Anton) Due to recent staff and fund reductions, staff '' is preparing a request for proposals to contract the operation ::of the seasonal food and drink concession at Paloma Creek Park. The concession will operate in a similar manner to the City's past operation. It is clarified to Commissioner Smart that private fund raising events at the park will continue to be allowed -to operate their own food and drink concessions, as in the past. Commissioner Smart notes a possible concern with the concession being open at the same time as the Little League Concession, once it becomes operable. BID SUMMARY TO: Andy Takata, Assistant City Manager/Director of Community Services FROM: Lee Raboin City Clerk BID NO.: RFP 93-1 OPENED : 02/26/93 2:00 p.m. PROJECT: PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION Four proposals were received and opened as follows: Name, Address & Phone Percentage of Gross Monthly Receipts Offered John & Brenda Martino 23'/z% _ 3925 Amargon Road Atascadero, CA 93422 466-6853 Robert G. Phillips 20 % P.O. Box 2000 Paso Robles, CA 93446 462-2946/461-0454 Felicia Delouth 15 % Felicia's Deli at the Lake 9315 Pismo Avenue Atascadero, CA 93422 Deborah Maysey 15 % 10245 Escondido Atascadero, CA 93422 466-4396 c: Paula Anton, Recreation Supervisor !/ Cathy Sargent, Finance O00011� P R O P O S A L F O R M RFP# 93-1 PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION' NAME OF PROPOSER: �, �J ,O d b /Pe k f ,f BUSINESS ADDRESS: �� �] �^ /7/Yl �} j,� {{ , t %� ,•� J CITY/STATE/ZIP: t ti TELEPHONE: (day) fu �� (evening) In the event a Concession Operation Contract is awarded to the undersigned proposer, proposer agrees to provide, all required documents listed in the contract in a timely manner, and perform services listed, and pay to the City of Atascaderola monthly fee - of.. ?dj percent of gross receipts receaived 4 The written Request for Proposal document, questionnaire, and draft form of the Use Permit are all made a part of this proposal by reference, and this proposal is made subject to all the provisions thereof, whether or not expressly set forth herein. The proposer is required to sign this document ' in the space provided below. If the proposer is a corporation, the authorized corporate officers must sign this proposal form and the corporate seal must be affixed. If the proposer is a partnership, a genera'_ partner must sign. C-1 PRO OSER SINGNATURIt DATE 1 .s t Name (print or 'type) Title PROPOSER SIGNATURE DATE (additional signature) Name (print or type) Title '; E CITY OF ATA5CADERO RFP# 93-1 PALOMA CREEK PARK REQUEST FOR PROPOSAL QUESTIONNAIRE This questionnaire is to be submitted in conjunction with and is a part of the proposal to establish and operate a food and drink concession at Paloma Creek Park. All questions must be answered in full_ If additional space is required, please use the back side of this form. If the question is not applicable, please mark "not applicable" . 1.- What is your present business or employment? ,(�47r-PJ P i•� a 5' i F" 4 oPC—it ^-r $' , t` Aatl Cit ,, 5?-dg-T I' A. For how long? M 6 B. Is your business a sole proprietorship, corporation, partnership, or other? Explain: A/ C. If a sole proprietorship, state your position: 4- D. How many people do you employ or supervise?E. How many years concession operation experience do you have? �ti F. What professional organizations do you belong to? : J •�� f'! 1n :L Aldi 1`1 iti L4'%A L�7�l�r='A-r-412tH �r�tE 5'er7"d.�LL 3d q Ad 2 . Financial: A. If involved in any litigation, describe: B. Furnish names and addresses of all banks in which you have accounts: �`, �,•-'mac /;,y $ %� C-P 44 i G7 t,i - y y N L C. List by company, amount, and expiration date of all insurance carried by your firm: Ajit D. Give the names and addresses of at least three firms with whom you have had accounts during the past three years: IL 0,Q E. Give any other information concerning your present business or employment which you feel is pertinent: f� r �} ) A. t nkr4 ,4h /�..j I/vi _ in �r i% ��(�'Y/tet j j.�i �7�1 r(): U l�fi fa( /, u 4 t- �lK1:TP _ rz�t e s �� r, r, �� ;ticj\� ,'�cs"Tv .;�+`f �X "�f�- r .���(� _ /•���� MAA/ �4�t � !`�'� v �' r1 - 7`f'1�y �n;1✓r)I. �dY1 .TZ Sr�cjiTs &-4d j�:,Qt rcr ✓r AV - 7-5 - /(l �t alR /#c�lo � IT sq n- fi S (f Ch 7-3q 1 ' A q3 y-2 I�l `la I q� A ,c � NS0R � � C k P R O P O S A L F O R M RFP# 93-1 PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION NAME OF PROPOSER: BUSINESS ADDRESS: CITY/STATE/ZIP: TELEPHONE: (day) Cr�� - ,� .� (evening): - �i�Z-r,2:e=s:f: In the event a Concession Operation Contract is awarded to the undersigned proposer, proposer agrees to provide all required documents listed in the -contract in a timely manner, and perform services listed, and pay to the City of Atascadero a monthly fee - of: ee. - of: Z�Q percent of gross receipts received The written Request for Proposal document, questionnaire, and draft form of the Use Permit are all made a part of this proposal 1,y reference, and this proposal is made subject to all the provisions thereof, whether or not expressly set forth herein. The proposer is required to sign this document in the space. provided below. If the proposer is a corporation, the authorized. corporate officers must sign this proposal form and the corporate seal must be affixed. Lf the proposer is a partnership, a general partner must sign. i PROISO ER SI NATURE DATE �R I FJ I l_L_1 P C Name (print or type) . . Title PROPOSER SIGNATURE DATE (additional signature) Name (print or type) Title ()t'+�'4' ` ti CITY OF ATASCADERO RFP# 93-1 PALOMA CREEK PARK REQUEST FOR PROPOSAL QUESTIONNAIRE': This questionnaire is to be submitted in conjunction with and is a part of the proposal to establish and operate a ! food and drink concession at Paloma Creek Park. All questions must be answered in full. If additional space is required, please use the back side of this form. If the question is not applicable, please mark 'snot applicable" . 1. What is your present business or employment? A. For how long? B. Is your business a sole proprietorship, :corporation, partnership, or other? Explain: C. If a sole proprietorship, state your position: D. How many people do you employ or supervise? E. How many years concession operation experience do you have? c� F. What professional organizations do you belong to?: 2 . Financial: A. Tf involved in any litigation, describe:; //Cj B. Furnish names and addresses of all banks in which you have accounts C. List by company, amount, and expirationdate of all insurance carried by your firm: D. Give the names and addresses of at least three firms with whom you have had accounts during the past three years: �^�E�(jLL/C/��. /'y..J`�.�(//Cj/.lc�f�f��T�"/1.V l.i/i5 ✓�i:S��? ��'y " E. Give any other information concerning your present business or employment which you feel is pertinent: �'�D:�� O/�/-�;�f?7'L7 /�ij:/1/ /1C'�l�('/-5�/Or1�' � /f���>/�Cl.�,�•vi 000CIAV ROBERT G. PHILLIPS 4250 Tranquilla Avenue Atascadero, California 93422 Telephone: 461-0454 March 3, 1993 "Paula" City of Atascadero Community Services Atascadero, California 93422 Re: Proposed Menu Dear Paula: Thank you for the exciting telephone call yesterday. As promised, attached you will find my "proposed menu" . I will, of course, welcome any additions or deletions that you feel are needed. This menu is standard for concessionaires and rather . unexciting. I would like to state that I purchase high quality food products, thereby guaranteeing my customers just a little bit more for their money which, in turn, gives me great pride. If I can offer anymore information, please do not hesitate to call . Thank you for the courtesy you have extended to me. Sincerely, Robert G. Phillips s HOT DOG 1 . 25 POP CORN . 55 CHILI CHEESE DOG 2 . 00 CHIPS . 60 1/4# DOG HOUSE 2 .25 CANDY BARS 6ui . 60 DEVILED EGG . 35 ICE CREAM . 75 SOUP - Cup 1 .25 CHOCOLATE CHIP COOKIE "THE MONSTER" . 75 CHILI - Cup 1 . 75 CORN BREAD MUFFIN 1 .00 COFFEE/TEA:i .50 SUPER NACHOS 1 .75 MILK . 75 BURRITOS JUICE .95 BEAN & CHEESE 1 .25 CARNE ASADA 2 . 00 SODAS ,' 75 .85 . 95 CHILI VERDE 2 . 25 HOME RUN 2 .50 SALAD - POTATO . 85 MACARONI . 85 TORPEDOES: 2 .25 Turkey, Roost Beef or Ham CITY OF ATASCADERO FELICIA' S DELI AT THE LAKE 6500 Palma Avenue 9315 Pismo Avenue Atascadero, CA 93422 Atascadero, CA 93422 DEPARTMENT OF COMMUNITST SERVICES RE: PALOMA CREEK PARK CONCESSION PROPOSAL We have completed and attached our proposal for the Paloma. Creek Park Concession. Outlined below is our list of products and pricing we expect to use: FOUNTAIN SODA . 79 to . 99 CANDY . 50 to . 75 HOT DOGS 1 . 00 to 1 . 50 CINNAMON ROLLS 1 . 00 NACHOS 1 . 50 ICE. CREAM . 50 to 1 . 00 CHIPS & POPCORN . 75 to 1 .50 HOT & COLD SANDWICHES 4. 29 to 4. 59 I FELICIA DELOUTH propose to give the .CITY OF ATASCADERO 15% of the total gross receipts ..per month. I appreciate the opportunity to bid on Paloma Creek .Park Concession, and thank you for considering us. THANK YOU FELICIA DELOUTH CITY OF ATASCADERO RFP1 93-1 PALOMA CREEK PARK REQUEST FOR PROPOSAL QUESTIONNAIREt This questionnaire is to be submitted in conjunction with and is a part of the proposal to establish and operate a' food and drink concession at Paloma Creek Park-. All questions must be answered in full. If additional space is required, please use ,the back side of this form. If the question is not applicable, please mark "not applicable" . 1. What is your present business or employment? QIONCESSTONAIRE AT THE LAKE PARK PAVTT T TAN A. For how long? .FT(;HT MnNTHS B. Is your business a sole proprietorship, ' corporation, partnership, or other? Explain: SOLE PROPRIETORSHIP. C. If a sole proprietorship, state your position: OWNER - D. How many people do you employ or supervise? 3 TO o F. How many years concession operation experience do you have? 8 months, but I have two years prior deli exp. F. What professional organizations do you belong to? : NONE. 2 . Financial: A. If involved in any litigation, describe: NONE.. B. Furnish names and addresses of all bank3 in which you have accounts: ATASCADERO FED. CREDIT UN$ON 8900PUEBLO ATASCADERO. C. List by company, amount, and expiration ''ldate cf all insurance carried by your firm: STATE FARM 7-15-93 COPY INCLOSED D. Give the names and addresses of at least three f irms with whom you have had accounts during the past three years: SAN LUIS PAPER 625 TANK FARM RD. SAN LUIS SOURDOUGH - 3580SEUELDO SLO. R. STEWART, 1629 N. CA LOTTI DR SA A MARTA E. Give any other information concerning your present business or employment which you feel is pertinent: MY BUSINESS HAS GOOD WORKING RELATIONSHIP WITH THE CITY OF ATASCADERO AND THE PEOPLE IN THE COMMONITY OF RTAS DECLARATIONS - We will provide the insurance described in this �3 U S I N_S S t'J L ICY - SP EC IAL F J R w1 3 - policy in return for the premium and compliance Coverage afforded by this policy is provided by I � with all applicable provisions of this policy. S T A T E F A R if F I i E A N D C A S U.4 L T Y C 0 M PAY Y -7-5 7—Lf CY ^+0 . ';2-E1 -4814-4 313G3 AGOURA PC, W_3TLAKE VILLAGE CA 91353 � a Stock Company with Home Offices in Bloomington, Illinois. 1772/ Named Insured and Mailing Address PLOTKIN, VELI DA y +)cLOUTH, FELICIA D !A FELICIAS D_LI AT THE LAKE ' ' JO NOGALES AVE COVERAGE A - INFLATION ATASCADc 0 CA 93422-2322 COVERAGE I;ND�X : N/A COVERAGE 8 - CONSU"11ER PRICE INDEX : 140. 9 NA."1ED INSURED : PARTNERSHIP THE POLICY PERIOD BEGINS AND ENDS AT 12:01 ASI STANDARD T IME AT THE PREMISES L0CATIOl4S Automatic Renewal—If the Policy Period is shown as 12 months, this policy will be renewed auto- 07/T5/92 EFFECTIVE DATE matically subject to the premiums,rules and forms 12 ,MONTHS :POLICY PERIOD in effect for each succeeding policy period. If this 0 7/154 q3. --EXPIRATION OF POLICY PERIOD policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. COVERAGES LIIMITS OF ( OCCUPANCY: MERCANTILE PROPERTY' INSURANCE ILOCATION OF COVERED PREMISES SECTION I I A EULLDINGS EXCLUDED 19315 FISM.0 AV 3 BUSINESS PERSONAL $ 8,000 IATASCADERO CA 93422-4939- PROPERTY I C LOSS OF INCOME ACTUAL LOSS I I S'ECTiON IL - I L BUSINESS LIABILITY $ 1 ,000,000 I M MEDICAL PAYMENTS I 10,000 I PRODUCTS-COMPLETED OPERATIONS I (PCO) AGGREGATE "a 2,000,000 GENERAL AGGREGATE (OTHER I THAN PCO) 2,000,000 1 ------------------------------------------I DEDUCTLELE-SECTION I I IN CASE 0-F LOSS I 250 -OASIC 1 UNDER THIS POLICY, I------------------------_---._..,.--..,.- THE DEDUCTIBLE_ WILLI I BE APPLIED TO EACH I I OCCURRENCE AND vILL1 I BE DEDUCTED FROM I OTHER' DEDUCTIBLES MAY1THE AMOUNT OF- THE I APPLY-REFER, TO-- POLI'CYI LOSS.,' . ---------------------------- �..�_ FORMS;,,: OPTION&.1 AND'. ENDO_RSEtMENTS JPOLICY PRE,SIUi+" ' FP-6-1 03-1 SPECIAL :FO:RM4 3 is 250'.00.' FE-62135' ENDORSEMENT .' IMINIMUM: PREMIUM FE-6451-1 DEBRIS REMOVAL: ENDORSEMENT I FE-6506 POLICY ENDONSE;MENT- t I -------------------------- I I I i 1 1 CITY OF ATASCADERO RF P,� 93-' PALOMA CREEK PARK S REQUEST FOR PROPOSAL QUESTIONNAIRE This questionnaire is to be submitted in conjunction with and is a part of the proposal to establish and operate a :food and drink concession at Paloma Creek Park. All questions must be answered in full. If additional space is required, please use the back side of this form. If the question is not applicable, please mark "not applicable" . 1. Whatyour present business or employment? . C I 1,T71,44-111 .r2 ' n 0 A. For how long? Kad luju I (� r2�9fjor (-kA1(� B. Is your business a sole proprietorship, corporation, partnership, or other? Explain: C/,f F' ►?' J C. If a sole proprietorship, state your position: D. How many people do you employ or supervise? c . �(i�L(� E. How many years concession operation experience do you have? L1 L F. What professional ora nizations do you bselong to? : L 22- 2 . Financial: A. If involved in any litigation, describe:'-f.)r'D, B. Furnish names and addresses of all banks in which you have accounts: / �Zk' t ,�iL'GL% ! � - L�'•� � '/>L 67z, ILS C. List by company, amount, and expiration date of all insurance carried by your firm: ASr�-y L2 D. Give the names and addresses of at least three firms with wttom you have had accounts during the past three years: E. Give any other information concerning your present business or employment which youee.. is pertinent: /)fir/ �/h ri��"�'4 /'� �t�'c i�j�l���� i + !ice i� �4'%<.i:>��u.<< � • j.;,� ��t `fir;`, --� �C;��;? ,���` �,�iiv/u i� (?0(K ;l EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE CONTRACTOR The Contractor shall utilize said premises for the following purposes : A. Premises shall be used for the purpose of selling aver-the- counter items such as soft drinks, candy, snacks, hot dogs, popcorn and cold sandwiches. NO ALCOHOLIC BEVERAGES MAY BE SOLD. 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 Director of Community Services . D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner and to the satisfaction of the Department of Community Services, subject to the maintenance of said areas of 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. j vG;tr�CL G `JCS /72 1'� e,7 CSC%��'lYL L'lt!?CZ�G� 75' 0,fir .7� rAY/(f ` 1 X Contract No. 93-006 S CONTRACT FOR SERVICES PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION This agreement is made upon the date of execution, as set forth below, by and between Robert G. Phillips, 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 cove- nants 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 LOCATION: Premises of Operations is the '':concession facility located at Paloma Creek Park, 11665 Viejo Camino, Atascadero, California 1. 03 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide services, as specified within this contract and in "Description of Services," attached hereto as "Exhibit All . Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, ;employ such assistants as Contractor deems necessary to perform services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those servicers. . 1. 04 . 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. 05 COMPENSATION: In consideration for with the terms of this contract, Contractor agrees to pay the sum of 20% of the total gross earnings monthly of all monies received by the Contractor from the use of the premisses depicted in 1 this contract. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the percentage gross earnings received shall be made by 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, Ca. 93422 (Attn: Paula Anton, Recreation Supervisor) . 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. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all 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 Contractors fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1. 07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the City shall not be obligated to make any alterations, 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 SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation. All signs will meet all requirements and specifications as set forth by City. 2 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, in 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: Contractor is authorized to operate the concession on a daily basis. Homes of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services, but as a minimum during all adult softball spring, summer and fall Leagues and during Little League season, if desired by Little League. The City will not restrict individuals, organizations, or clubs, with a confirmed usage permit for Paloma Creek Park sports fields, from providing similar concessions during their special event, provided that the concessions are specifically for participants of the said special event, and provided that the concession has been authorized by the Department of Community Services, and a County of San Luis Obispo Health Department permit has been obtained. At anytime should an occurrence necessitate :the closure of Paloma Creek Park to the general public, the ';Contractor shall have no recourse by law to the City for losses incurred. 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, and a Board of Equalization Certificate. 2 . 04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2 . 05 EQUIPMENT: Contractor, at his own expertise, 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. 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 3 reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise\ is deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2 . 07 SECURITY / COMMUNICATIONS: The Contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at Contractors 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 has no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. 2 . 10 IDENTIFICATION: 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 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 snail have been determined to be applicable to any of such damages or claims for damages. 4 02 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have 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, l,its elective and appointive boards, officers, agents ':and employees and Contractor and any agents and employees performing work covered under 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 operation or anyone directly or indirectly employed by Contractor. The amounts of 'such insurance shall be as follow: 1. Public Liability Insurance: In an ';amount not less than $500, 000 per injury, including death to any one person and, subject to the samelimit 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. 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. b. PROOF OF INSURANCE: Contractor shall furnish City, concurrently with the execution hereof, with copies of all required insurance policies, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of cancellation of any policy during the period of this contract. All insurance policies shall name the City as additional insured with the Contractor. 5 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 concession facility at Paloma Creek Park for use by the Contractor while performing the services described in this agreement. 3 .03 UTILITIES: City agrees to pay for electric, gas, disposal and water utility fees associated with the concession operation. 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 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 Section 4 . 01; (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 of 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 February 28, 1994, 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 condi- tions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 6 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. 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 sum4as 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 perfprmed by either party be prevented or delayed by any act of Gpd, 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 tune for performance of the act will be extended for aperiod of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as'' required by this agreement or the performance of any act 'rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act's. 5 . 06 NOTICES: Except as otherwise expresslyprovided 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: • PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue, Rm 107 DPT OF COMMUNITY SERVICES Atascadero, CA 93422 (461-5000) - B. Robert G. Phillips P.O. Box 2000 Owner Paso Robles, Ca. 93446 (462-2946 / 461-0454) 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 rulemaking act to .be either invalid, void or unen- forceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5 . 11 TIME: Time is expressly declared to be of the essence of this agreement. 5 . 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5. 13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and 8 • ()0()("I that any rule of construction 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 con- venience and reference only, 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. 9 Executed on , 1993 , at Atascadero, • California. Attest: CITY OF ATASCADERO By: LEE RABOIN ROBERT P. NIMMO City Clerk Mayor Approved as to form: By: ART MONTANDON, Contractor City Attorney Approved as to content: ANDREW J. TAKATA Director Department of Community Services 10 00001 11 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE CONTRACTOR The Contractor shall utilize said premises for the following purposes: A. Premises shall be used for the purpose of selling over-the- counter items such as soft drinks, candy, snacks, hot dogs, popcorn and cold sandwiches. NO ALCOHOLIC BEVERAGES MAY BE SOLD. 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 Director of Community Services. D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner and to the satisfaction of the Department of Community Sdervices, subject to the maintenance of said areas of 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. r REPORT TO CITY COUNCIL ITEM: , B-6 DATE• 3/9/93 THROUGH: Ray Windsor, City Manager FROM: Andrew J. Takata, Director Department of Community Services SUBJECT: CITY FACILITY POLICIES, PROCEDURES, AND FEES MANUAL - PROPOSED AMENDMENT TO THE SOFTBALL TOURNAMENT GUIDELINES RECOMMENDATION• City Council approve Resolution 14-93 , amending'' the "Facility Policies, Procedures, and Fees Manual" as presented by staff. BACKGROUND: On January 21, 1993 , the Parks and Recreation Commission reviewed and concurred with staff's proposal to amend the Softball Tournament Guidelines of the Facility Policies, procedures, and Fees Manual (pp 24-26) , and referred the document to the City Council for review and acceptance. i DISCUSSION• Staff proposes amending the time frames in which fees are received. It is noted that the total amount of fees will romain the same, only the time frames for receiving them will change. Staff proposes receiving a $50. 00 reservation fee kat the time the application is filed, and then receiving the re*iaining $150. 00 tournament usage fees one month prior to the event„. Changing the dates the reservation and tournament'' usage fees are required will assist the public in not being required to place a large amount of money many months prior to an event, Requiring the tournament usage fee one month prior to the event allows staff to coordinate all details related to a tournament in 4 timely manner. It should be noted that the reservation fee and tournament usage fee is not refundable if the event does not transpire, unless there is inclement weather. Reservation deposits are to be required for each tournament scheduled and will not be carried over to additional tournaments, as done in the past. j O00C'�;�; The revised schedule for receiving fees will mitigate the past concern of playing fields being reserved for long periods of time and being canceled just prior to the event date. Splitting the fee due dates will also allow for more tournaments to be booked with additional revenues received by the City. FISCAL IMPACT• The total amount of revenues required for a softball tournament will remain the same. The City may incur a reservation fee if an event is canceled and another then scheduled for the same .date. AJT:kv Attachment - Revised facilities document i Parks and Recreation Commission Minutes . January 21, 1993 ITEM 6-B - SOFTBALL TOURNAMENT GUIDELINES - rR OPOS D AMENDMENTS: (Paula Anton) Paula Anton states that the present fees accepted for softball tournaments are being modified to reduce the initial deposit required to reserve sports fields for softball tournaments. The new proposal includes an initial $50.00 deposit forl',the reservation and all additional fees and deposits to be paid one month prior to the event. It is clarified that special event tournaments=will continue to be allowed to provide their own food and drink concessions, providing they meet all City standards. MOTION: Commissioner Butz moves to accept the Softball Tournament fee schedule amendments,' as presented by staff; Commissioner Beatie seconds; Motion carries 7-0 ()( (?{;CIS RESOLUTION 14-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SOFTBALL TOURNAMENT GUIDELINES CITY FACILITIES POLICIES, PROCEDURES AND FEES BE IT RESOLVED by the City Council of the City of Atascadero to adopt Resolution 14-93 , superseding Resolution Numbers 122-92 , 101-91, and 38-88 , and Resolution 27-87 (fees for usage of recreation facilities and written procedures for facility rental) . WHEREAS J. the Government Code provides that fees may be collected for City parks and recreation facilities and activities; and WHEREAS, it is appropriate to establish user fees and deposits, which cover the cost of providing services requested; and WHEREAS, it is necessary to establish written policies and procedures for the use/rental of City facilities; and WHEREAS, the revised softball tournament guidelines are amended and made part of this document as Exhibit "A" . WHEREAS, the City Facilities, Policies, Procedures, and Fees shall become effective immediately, upon adoption. On motion by Councilperson , and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety by thefollowingroll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: BY: ROBERT P. NIMMO, Mayor LEE RABOIN, City Clerk i Resolution 14-93 • Page Two APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: ANDREW J. TAKATA, DIRECTOR Department of Community Services i i Resolution No. Page 1 CITY OF ATASCADERO DEPARTMENT OF COMMUNITY SERVICES FACILITIES AVAILABLE FOR RENTAL FACILITY DESCRIPTION ATASCADERO LAKE PARK: BARBECUE AREA #1 Barbecue pit with seating for approx- imately 150 people. Electricity available. BARBECUE AREA #2 Barbecue pit with seating for approx- imately 150 people. Electricity available. BARBECUE AREA #3 Barbecue pit with seating for approx- imately 50 people. No electricity available. GAZEBO/BANDSTAND: Covered patio area ' suitable for outdoor concerts, meetings, etc. Electricity and lights available. RANGER HOUSE/MEETING ROOM: A house setting with a conference --room for 27 people maximum. Kitchen and bathroom available. PAVILION: PAVILION: 10, 000 square foot facility, suitable for receptions, dancesj, meetings, and special events. See page 16 for room capacities) . Kitchen facility, and several various sized meeting rooms available. ALVORD FIELD: Adult-sized baseball field with field lights, bleachers, and restrooms . PALOMA CREEK PARK• SOFTBALL FIELDS #1&2: Two adult-sized softball fields with field lighting, 'bleachers, food concession and restrooms. oca0C ;° Resolution No. Page 2 I SPORTS OPEN FIELDS: Two large multi-purpose-- open space fields suitable for sports activities or special events. PALOMA CREEK PARK (Cont'd) : BASEBALL FIELD: Fenced youth sized baseball field with bleachers. EQUESTRIAN ARENA: Multi-pu=rpose equestrian arena avail- able for daily/annual membership usage and special events._ Arena lighting and announcer' s booth available. BARBECUE FACILITY: A barbecue pit with picnic tables to accommodate approximately 20 people. (This is not a reservable facility. ) TRAFFIC WAY PARK: SOFTBALL FIELDS 1 & 2• Two youth-sized softball fields • No field lighting. Bleachers, food concession, and restrooms available. Retrieval of balls over the outfield fence is not allowed. SUNKEN GARDENS PARK: Large multi-purpose grass area adjacent to City Administration Building, suitable for special events. CITY ADMINISTRATION BUILDING: ROOM 102: Conference room with a maximum occupancy of 24 people conference/ dining - ROOM 104-•_ Conference room for with a maximum capacity of 49 people conference/ dining i 000C' 3 Resolutlon No. • Page 3 i i FOURTH FLOOR ROTUNDA: Large open round room suitable for large meetings ' and special events. Maximum occupancy for conference/dining is 160 people and assembly/dancing at 250 people No alcoholic beverages allowed. FOURTH FLOOR CLUB ROOM: Conference room with h maximum occupancy of 49 people conference/ dining _ CITY ADMINISTRATION BUILDING (Cont'd) : FOURTH FLOOR KITCHEN: Large commercial sized facility without utensils or dishes. PAVILION: ROTARY ROOM: Conference room with a maximum capacity of 206 people dining/ conference or 440 people assembly/dancing. Room overlooks Atascadero Lake. SARAH GRONSTRAND ROOM: Conference room accommodating a maximum of 100 people dining/ -conference or 210 people assembly/ dancing. Room overlooks Atascadero Lake. COMMUNITY ROOM: Conference room accommodating a maximum of 62 people dining/ conference or 130 people assembly/dancing. KITCHEN: A complete kitchen, offering various types of food service. It is fully equipped with dishes,, cups, glass- ware, flatware, and dome cookware. llesolution No. Page DEFINITION OF TERMS CITY - City of Atascadero CONFIRMATION - A formal permit authorizing usage of City facilities under stipulated conditions. DEPARTMENT - The City of Atascadero, Department of Community Services. DIRECTOR - Director of the Department of Community Services. FACILITY - Any building or park administered by the Department of Community Services. RESIDENT - A person living within the incorporated boundaries of the City of Atascadero. RESIDENT-GROUP - A business, organization, or group of persons that reside in the City of Atascadero. NON-RESIDENT - A person living outside the incorporated boundaries of the City of Atascadero. NON-RESIDENT GROUP - A business, organization, or group that do not meet the definition of resident group. NON-PROFIT GROUP - Any organized group of persons whose purpose is not oriented towards private monetary gain. Non-profit status proof is required. PROFIT GROUP/COMMERCIAL - Any person or group of people whose purpose is oriented toward private monetary gain. PERMIT - A written agreement issued to an applicant . under the authority and conditions the Department of Community Services, and may include any amendment or supplement to such permit. PERMITTEE - Any person, group of people, company, or organization that has received a documented permit confirming a facility reservation application from the City. SECURITY-DEPOSIT - A refundable deposit submitted prior to usage of various facilities to insure the facility is left clean and without damage to the facility or it' s furnishings. Resolution No. Page 5 RESERVATION DEPOSIT - A reservation deposit is required on certain City facilities and is due at time of permit application submittal. This deposit will be applied towards the facility usage fee if the application is confirmed. GENERAL CONDITIONS GOVERNING USE OF FACILITIES The following conditions shall govern the use of facilities, which are administered by the Department of Community Services- AVAILABILITY OF FACILITIES: When use of facilities do not conflict with the City' s operations, programs, activities, maintenance schedule, they shall be available for use by individuals or groups. Reservations will be granted at the discretion of the Director on a first come first served basis. In the case of conflicting usage, facility authorization is at the discretion of the Director, or his designee. GENERAL POLICY• It is the objective of the Department that facilities be used primarily by groups and individuals for community recreation activities regardless of race, color, creed, national origin, religion, sex, economic status, or area of residence of said group and/or individual. ENFORCEMENT OF RULES: The Director or designee, shall enforce or cause to have enforced, the provisions herein, and shall have the authority'! to deny use of any facility to an individual or group who refuses 'to comply with the rules and regulations. RIGHT OF FULL ACCESS: The Department has the right of full access to activities at all times to- see that rules, regulations, and City and State laws are complied with. 'i 000(Y '6 Resolution No. Page 6 Hours of Operation: 6: 00 a.m. - Dusk - Outdoor facilities without lighting 6: 00 a.m. - 10: 00 p.m. - Outdoor facilities with lighting 8: 00 a.m. - 1: 00 a.m. - Indoor facilities The above are the standard hours of operation, unless extended by authorization of the Director. SUPERVISION• A Department of Community Services employee shall be in attendance at any facility whenever it is determined necessary by the Director or designee. Said Department employee will determine if all rules, regulations, and laws governing use of the facilities are being complied with. However, primary responsibilities for conformance with said rules, regulations, and laws rests with the permittee. SECURITY• The Director or designee, at his discretion, may require a security guard(s) to be present at certain activities. The security guard(s) shall be present during the time specified by the Director or his designee. The expense for said security guard(s) shall be assumed by the permittee. Department personnel shall also be on- duty, and may request the security guard(s) to remain after_ the specified hours if, in the opinion of said personnel, the situation requires. In such case, the permittee shall directly assume any expenses for the said security guard(s) , which will be assigned by City staff at an approximate ratio of one (1) security guard per 100 people. CEREMONIAL OCCASIONS: There shall be no use of City facilities which may promote or discourage any religious sect, church, or sectarian denomination. Performances, activities, services and presentations conducted or given at facilities shall neither promote, support, or discourage particular religious or philosophical beliefs. This policy is not intended to exclude religious groups or individuals from using facilities for performances of music, drama, dance, etc. , which are predominantly for the purpose of public recreation and entertainment. The City will permit the use of facilities for ceremonial occasions provided that such use is consistent with the foregoing. 0000';"7 P Resolution No. Page 7 CAPACITY OF FACILITIES: Permittee shall not admit a larger amount of persons in excess of the maximum capacity posted or documented on the facility confirmation. CONCESSIONS: The Department reserves all concession rights. Programs, records, tapes, books, and related items may be sold in conjunction with an event if they relate to a performance or meeting if prior written approval has been received. Arrangements must be made in advance, and may be subject to a payment of a percentage, of the gross receipts, which will be determined by the Director or designee. (excluding sports tournaments) . ADMISSION CHARGES: Unless specifically stated and approved in the permit, it is understood that activities or events held will not benefit affairs that no admission will be charged, that no tickets will be sold, and that no collection or donation will be made. DISPLAYING COMMERCIAL WRITTEN MATERIALS SIGNS PO TERS ETC. ) : I ( No written commercial or advertising materials shall be placed in, on, or distributed about parks/facilities except with the Director' s permission in conjunction with a permitted function. DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS (PAMPtLETS, POSTERS, ETC. Non-commercial written material shall not be affixed to any park structure. Such material is allowed only in conjunction with a permitted event. It shall not be displayed or offered as to cause damage to the park structures, flora, or facilities or shall the material be placed to cause a litter, safety, or access problem. The distributor of material shall be responsible for cleaning up any litter caused by the display or distribution of this material. SIGNAGE• Posting of signage related to advertising any event on City-owned property must be authorized by the Director or designee. If advertising signage is approved, signs can only be placed at the facility the event is to be held at. No signage its allowed to be i 000C'`; Resolution No. Page 8 posted on streets, utility poles, traffic signs, or other traffic control devices. Signs can only be posted a maximum of 30 days preceding the event, and are required to be removed within seven (7 ) days following the event. Signs would be required to be reviewed and approved by the Department of Community Services staff for professional quality. Sign maximum size is 20 square feet. Directional and safety signage is allowed at the event site only. STORAGE: No receipt, handling, care, or custody of property of any kind shipped or otherwise delivered to any facility, either prior to, during, or subsequent to the use of facilities by any permittee is allowed, unless authorized by the Director or his designee. The City or it' s officers, agents, or employees shall not be liable for any loss, damage, or injury of such property. DAMAGE:. Permittee will be responsible for all damage to facility, appurtenances thereto, and shall be responsible for reimbursement i to the City for any loss or damage to City property caused by such use. i CLEAN UP: _ Permittee is responsible for leaving the facility in a clean and orderly condition. A cleaning-/security deposit may be charged for use of the facility. USE OF EQUIPMENT: Special requests for equipment should be noted on the permit application. DANCES: Dances will be allowed at the discretion of the Director. Persons under 21 will not be permitted at dances serving alcoholic beverages. Dances for minors require chaperons over twenty one (21) years of age to be present during the entire event at a ratio of 1 chaperone to 25 minors, unless amended by the Director. Security guards may be required at the discretion of the Director. 000CI-i19 Resolution No. Page 9 DECORATIONS OR STAGE PROPS: Existing facility decorations may not be removed without the prior approval. When decorating, DO NOT fasten any decorations to light fixtures. Scotch tape, masking tape, thumb tacks, staples, , etc. are not allowed. A special substance called "hold it" may be utilized. Decorations belonging to the permittee must be disposed of immediately after the event. Any decorations left may be discarded by the department, and the removal effort could effect the amount of the security deposit refund. Exit doors, exit lights, fire alarm sending stations,',; wet standpipe hose cabinets, and fire extinguishers shall not ba concealed or obstructed by any decorative material or props. Use of candles or fuel lamps is prohibited. Any special effects, including curtains, hangings, or props shall be made of non-flammable material and approved by the Fire Marshal. PROHIBITED BEHAVIOR: Illegal and immoral activities, the use of obscene language, gestures or behavior shall not be permitted at any time. SMOKING• Smoking is prohibited by Ordinance Number 235 in all City-owned indoor facilities . ALCOHOLIC BEVERAGES: Alcoholic beverages are allowed in City parks and facilities (excluding the City Administration Building) . Auithorization to sell alcoholic beverages in City parks may be ' requested in coordination with a facility request application for a special event. Authorization for such permit will be at the discretion of the Director or his designee. A permit is required :from the State of California Department of Alcoholic Beverage Control related to the sale -of alcoholic beverages. Proof of liability insurance in the amount of $1 million dollars is also required for the sale of alcoholic beverages, naming the City as additionally insured. No one under the age of 21 is allowed to consume alcoholic beverages. Resolution No. Page 10 is Security guards are required at all indoor events serving alcoholic beverages at a ratio of one security guard to 100 attendants, unless amended by the Director. Security guards may be required at outdoor events, at the discretion of the Director. ABANDONED EQUIPMENT: Any equipment, effects, or decorations of the permittee remaining on the premises for more than two (2) work days after the expiration of the permit will be deemed abandoned and disposed of by the Department. PERMITS AND LICENSES: The permittee has the responsibility to obtain any additional permits and/or licenses required by City ordinances or State laws, and shall furnish evidence of having obtained same to the Department of Community Services. AMPLIFIED MUSIC: } Amplified music is allowed in certain facilities, upon the approval of the Director or designee. Amplified music, if allowed, should occur between the hours of 8: 00 a.m. to 5: 00 p.m. Any variation to the allowed hours would require authorization by the Director or designee. RULES AND REGULATIONS: In order that activities at City facilities can best be enjoyed by everyone, basic rules of good conduct must be observed. These include, but are not limited to the following: 1 . All City ordinances must be observed. 2 . Gambling, the use of obscene language, dangerous conduct, unusually loud amplified music, or any other activity that creates a disturbance will not be permitted. 3 . The sales of alcoholic beverages without the proper permits is prohibited. ' 4 . No equipment or furnishings shall be removed from a facility without Director approval. 5 . Animals are not allowed in City buildings, except for handicap assistance purposes, unless Director approval has been given. • Resolution No. • Page 11 6 . Failure to comply with the rules and regulations may result in termination of a facility use permit. FEE AND PERMIT PROCEDURES 1. A Facility Use Permit is required for all groups or individuals reserving City facilities. 2 . All use permit requests for usage of City facilities shall be authorized by the. Director of Community Services; or designee, subject to the availability of the facility. Application forms are available at the City Administration Building, 'Department of Community Services, 6500 Palma Avenue, Room 106. 3 . Facility confirmations are to be present at the function for which application was applied for. In the case hof a group or organization, it is recommended that one spokes pejrson should be designated, and all arrangements should be made:: through this representative. 4 . Reservations shall be made in the order of receipt of application by the Department and subject to the availability of the facility. All required fees must be paid prior to the facility being utilized. 5 . A reservation deposit is required on certain City facilities and is due at the time of permit application submittal. This deposit will be applied towards the facility usage fee if the application is confirmed. If related usage fees fora facility are not paid within twenty (20) work days prior to event date, the reservation deposit will be retained by the City. 6 . A refundable security deposit may be required at certain facilities and must be paid in full prior to the facility being confirmed. This fee shall be refunded only if the facility is left clean and without damage to the building or it' s furnishings. Deposits will be refunded approximately two to three weeks after the date of the permit. 7 . All facility use rental fees are due a minimum 'lof twenty (20) work days prior to the event date. If all rental fees are not paid within this time period, the facility application will be canceled and the reservation deposit (if applicable) will be retained by the City. Resolution No. Page 12 8 . All other permits, insurance certificates, licenses, etc. required in relation to a facility use permit are to be submitted a minimum of ten (10) working days prior to the event date. 9 . Rental time period must include decorating and cleanup time. Rental time is adjusted to the next full half hour. The facility must be vacated promptly at the time specified on the permit. 10 When applicable, persons utilizing City facilities are to receive necessary City keys from the Department of Community Services immediately prior to the scheduled facility use. All keys must be returned to the Department by the first work day after the rental. A key deposit of $20.00 will be charged. 11. At certain events, City staff may be assigned to assist at a rate of $10 per hour. This• fee must be paid prior to the event date. 12 . Permits granted on a continuing basis are valid for a maximum period of twelve ( 12) months. 13. Fees for indoor facilities will be based on a one hour or two hour minimum rental time frame. 14 . A permit will not be issued under the following conditions: Insufficient Notice: When Department personnel cannot be scheduled, facilities prepared, or other conditions relating to such use cannot be completed in the time between the date of the request and the date of the proposed event. For Hazardous Activities: When activities are of a hazardous nature, which may endanger persons or property. Prior Circumstances: When permittee has mistreated a facility or violated facility use policies during a previous occupancy. When Event Publicized Prior to Approval: When an event has been publicized prior to receiving approval for facility use. 15 . Cancellation of Permit: By Permittee: To cancel a reservation or change the date of a facility usage permit, the permittee must give a minimum of twenty (20) work days written notice for all indoor facility reservations and ( 0MI'b3 Resolution No. Page 13 the Sunken Gardens Park. To change the time of an event, a minimum of 40 hours notice is required. In the case of inclement weather for outdoor facility reservations, the applicant may request a refund of usage fees or reschedule the reservation date. By the City: A permit may be canceled for any of the following conditions: A. If the permit is found to contain false or misleading information. B. The use or proposed use will be detrimental to the health, safety or general welfare of the City or to the efficient operation of the facility for the public welfare. C. Should any individual, group, members or guests willfully or through gross negligence, mistreat the equipment/facility, or violate any of the rules, policies, regulations, terms and conditions established for use of the facility. D. Failure to notify the Department staff of cancellation of any date or dates covered by permit. E. If permittee defaults on or has not completed all conditions and requirements for use of a ';facility. F. If the facility is needed for public': necessity or emergency use. d)0 0,`�� � Resolution No. Page 14 FEES CLASSIFICATION OF USERS: The following are classifications of the types of facility users. The classifications of users are utilized in determining fees for facility usage. Group A - Organizations recognized for fee waiver by the City. Group B - Organizations recognized for fee discount by the City. Group C - Resident individuals - Groups or organizations that are not oriented toward private monetary gain. Group D - Non-resident individuals - Groups, or organizations that are not oriented toward private monetary gain. Group E - Commercial - Individuals, groups, or organizations conducting activities for profit. GENERAL POLICY When a facility use application is approved, an hourly or set fee shall be charged in accordance to the classification of the user. Group A - Fees will be waived for this group provided normal staffing patterns are maintained. Reservation and security deposits will be charged, if applicable. Group B - Fees will be reduced for this group provided normal staffing patterns are maintained. reservation and security deposits will be charged, if applicable. Group C - Reduced resident fees and deposits will be charged along with any additional staffing required for above normal staffing levels . Group D - Non-resident fees and deposits will be required along with any additional staffing required for above normal staffing levels . Group E - Commercial/profit fees and deposits will be required along with any additional staffing fees required for above normal staffing levels. Resolution No_ Page 15 Group "A" and "B" Recognized Organizations• Groups/individuals qualifying for these categories will be determined by the Atascadero City Council annually. EXPLANATION OF BASIC FEES Fees have been established considering that only the basic facility is to be furnished. This includes: 1. Normal utilities 2. Normal maintenance 3. Standard table and chair set-up 4 . General supervision 5. Sound set-up with microphone (Pavilion only) ADDITIONAL CHARGES: Charges may be assessed for additional set-up, supervision or technical support provided by the Department ( see foe schedule) . INDOOR FACILITY MINIMUM CHARGE: Fees for indoor facility reservations are based on ap hourly rate. There is a minimum of two (2) hours rental fee for the Pavilion Gronstrand and Rotary Rooms and the Administration Building fourth floor Rotunda. All other meeting rooms may be reserved on a one (1) hour minimum rental fee. OUTDOOR FACILITY MINIMUM CHARGE: Usage fees are charged for reserving various '' City outdoor facilities. No facility usage fee is charged to City-sponsored softball teams for reserving City softball fields for softball practice. This fee is paid through a portion of the team' s league entry fee. RESERVATION AND SECURITY DEPOSITS: A reservation deposit may be charged when applying for certain facility reservations. This deposit will be applied to the facility usage fee, when paid. If all fees and security deposit are not paid a minimum of twenty (20) work days prior to the event, the full reservation deposit will be retained by the City. 0001,?L) Resolution No. Page 16 is A refundable security deposit may be charged for certain facilities. The facility is to be cleaned and returned to its original condition after an event without damage to the facility or it ' s furnishings. Failure to do so may cause the forfeiture of a portion of or the entire deposit and possible revocation of future permits. Deposits vary depending on the facility reserved and the type of activity held. FACILITY FEE SCHEDULE SECURITY RESERVATION FACILITY GROUP FEE DEPOSIT DEPOSIT LIGHTS ATASCADERO LAKE PARK: _ GAZEBO: A -0- -0- -0- ( 6 a.m.-10 p.m. B $10. 00/DAY -0- -0- reservations) C $15. 00/DAY -0- -0- D $20. 00/DAY -0- -0- E $40. 00/DAY $40. 00 -0- BARBECUES 1 OR 2: A -0- -0- -0- Approximate Capacity: B $-15. 00/DAY -0- -0- 150 people C $25. 00/DAY -0- -0- ( 6 a.m.-10 p.m. D $35. 00/DAY -0- -0- reservations) E $40. 00/DAY $40. 00 -0- BARBECUE 3: A -0- -0- -0- Approximate Capacity: B $10. 00/DAY -0- -0- 50 people C $15 -0- -0- ( 6 a.m.-10 p.m. D $25 -0- -0- reservations) E $35 $40.00 -0- RANGER HOUSE: A -0- $10. 00 -0- Maximum Capacity: B $ 5. 00/HR $10. 00 -0- 27 Dining/Conference C $ 5. 00/HR $10. 00 -0- 49 Assembly/Dancing D $10. 00/HR $10. 00 -0- ( 1 hr. min. reservation) E $20. 00/HR $10. 00 -0- Resolution No. Page 1`! SECURITY RESERVATION FACILITY GROUP FEE DEPOSIT D POSIT LIGHTS CHARLES PADDOCK ZOO. ENTRANCE FEE: Ages 5 & Under $ -0- Ages 6-17 $ 1. 00 Ages 18-64 $ 2. 00 Ages 65 & over $ 1.2:5 Family Maximum $ 7 . 00 (Free Zoo Admission offered on first Tuesday of each month. ) CITY ADMINISTRATION BUILDING• 4TH FLOOR ROTUNDA: A $-0- $250. 00 $40. 00 Maximum Capacity: B $15.00/HR $250. 00 $40. 00 160 Dining/Conference C $20. 00/HR $250. 00 ;; $40. 00 250 Assembly/Dancing D $30.00/HR $250. 00 $40. 00 ( 2 hr. min. reservation) E $50. 00/HR $250. 00 $40. 00 CONFERENCE ROOM 102 : A -0- $ 10. 00 $ 5. 00 Maximum Capacity: B $ 5/HOUR $ 10. 00 $ 5. 00 24 Dining/Conference C $5/HOUR $ 10. 00 $ 5. 00 49 Assembly/Dancing D $10/HOUR $ 10. 00 $ 5. 00 ( 1 hr. min. reservation) E $20/HOUR $ 10. 00 $ 5. 00 4TH FLOOR CLUB ROOM: A -0- $ 10. 00 $ 5. 00 Maximum Capacity: B $ 5. 00/HR $ 10. 00 $ 5. 00 49 Dining/Conference C $ 5. 00/HR $ 10. 00 $ 5. 00 49 Assembly/Dancing D $10. 00/HR $ 10. 00 $ 5.00 ( 1 hr. min. reservation) E $20. 00/HR $10. 00 $ 5. 00 ATASCADERO LAKE PARK PAVILION: ROTARY ROOM: A -0- $250. 00 $ 50.00 (Maximum Capacity: B $15. 00/HR $250. 00 $ 50 . 00 206 Dining/Conference C $30. 00/HR $250 . 00 $ 50. 00 440 Assembly/Dancing D $40. 00/HR $250. 00 $ 50. 00 ( 2 hr. min. reservation) E $50. 00/HR $250 . 00 $ 50. 00 GRONSTRAND ROOM: A -0- $250. 00 $ 40. 00 (Maximum Capacity: B $15. 00/HR $250 . 00 $ 40. 00 100 Dining/Conference C $20. 00/HR $250. 00 $ 40. 00 210 Assembly/Dancing D $25. 00/HR $250 . 00 $ 40. 00 ( 2 hr. min. reservation) E $40 . 00/HR $250. 00 $ 40. 00 1)4)0i u Resolution No. Page 18 SECURITY RESERVATION FACILITY GROUP FEE DEPOSIT DEPOSIT LIGHTS ATASCADERO LAKE PARK PAVILION (Cont'd) : ROTARY/GRONSTRAND- ROOMS: A -0- $500. 00 $ 80. 00 (Maximum Capacity: B $ 20. 00/HR $500. 00 $ 80.00 306 Dining/Conference C $ 45.00/HR $500.00 $ 80. 00 650 Assembly/Dancing D $ 60. 00/HR $500. 00 $ 80. 00 (2 hr. min. reservation) E $ 80. 00/HR $500. 00 $ 80. 00 ROTARY/GRONSTRAND & A -0- $500. 00 $100. 00 COMMUNITY ROOM: B $ 25.00/HR $500.00 $100.00 (Maximum Capacity: C $ 45. 00/HR $500.00 $100.00 368 Dining/Conference D $ 70.00/HR $500.00 $100.00 780 Assembly/Dancing E $100. 00/HR $500. 00 $100.00 (2 hr. min. reservation) COMMUNITY ROOM: A -0- $ 40. 00 $ 15. 00 (Maximum Capacity: B $15. 00/HR $ 40. 00 $ 15. 00 62 Dining/Conference C $15. 00/HR $ 40. 00 $ 15. 00 130 Assembly/Dancing D $20. 00/HR $ 40. 00 $ 15.00 ( 1 hr. min. reservation) E $30. 00/HR $ 40.00 $ 15. 00 KITCHEN: A -0- $250. 00 $ 5.0. 00 (No security or reser- B $15 .00/HR $250.00 $ 50. 00 vation deposit required C $15. 00/HR $250.00 $ 50. 00 in conjunction with a D -$20. 00/HR $250. 00 $ 50. 00 room reservation) E $40. 00/HR $250.00 $ 50. 00 ( 1 hr. min. reservation) ALVORD FIELD: BASEBALL FIELD: A -0- -0- -0- $10 . 00/HR B $ 5. 00/HR -0- -0- $10 . 00/HR C $ 5. 00/HR -0- -0- $10. 00/HR D $ 7 .50/HR -0- -0- $10. 00/HR E $10. 00/HR -0- -0- $10. 00/HR (Field Base Rental (Optional) ALL GROUPS - $200. 00 0'l 0C '' s (� ; )( 00 Resolution No. Page 19 SECURITY RESERVATION FACILITY GROUP FEE DEPOSIT DEPOSIT LIGHTS PALOMA CREEK PARK: — SOFTBALL FIELDS 1 & 2: A -0- -0- -0- $10.00/HR B $ 5. 00/HR -0- -0- $10.00/HR C $ 5. 00/HR -0- -0- $10.00/HR D $ 7.50/HR -0- - . -0- $10.00/HR E $.10. 00/HR -0- -0- $10. 00/HR Field Base Rental (optional) "- ALL GROUPS $200. 00 OPEN FIELDS: A -0- -0- -0- -0- B $ 5. 00/HR -0- -0- -0- C $ 5.00/HR -0- -0- -0- D $ 7.50/HR -0- -0- -0- E $10. 00/HR -0- -0- -0- YOUTH BASEBALL FIELD: A -0- -0- -0- -0- B $ 5. 00/HR -0- -0- -0- �� C $ 5. 00/HR -0- -0- -0- D $ 7.50/HR -0- -0- -0- E $10. 00/HR -0- -0- -0-- EQUESTRIAN ARENA: Annual Membership: ALL GROUPS: $15/YEAR - INDIVIDUAL $25/YEAR FAMILY $50/YEAR GROUP Special Events: A -0- $200. 00 -0- B $ 25. 00 $200. 00 -0- C $ 50. 00 $200.00 -0-- D $ 50. 00 $200. 00 ' -0- E $200. 00 $200. 00 -0- Arena Preparation For Special Events: ALL GROUPS $ 40. 00 (optional ) FSE�solu-li on No. 20 ALCOHOLIC BEVERAGE POLICY Individuals or organizations may request permission to sell alcoholic beverages in conjunction with the use of City facilities (except the City Administration Building) . Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to contact the Department of Alcoholic Beverages to determine the exact requirements pertinent to the type of use. 1. Groups or individuals wishing to sell alcoholic beverages must submit an application for permit to use City facilities a minimum of twenty (20) work days prior to the event. =Applications may be obtained at the City of Atascadero, Department of Community Services, 6500 Palma Avenue, Room 106, Atascadero. 2 . The Director of the Department of Community Services approves or disapproves all requests for the sale of alcoholic beverages at City facilities. 3 . If approved, a letter from the Department of Community Services will be prepared, authorizing the event, and presented to the permittee for submittal to the Department of Alcoholic Beverages, located at 3220 Higuera, San Luis Obispo. 4 . A copy of the Department of Alcoholic Beverages sales permit must be presented to the Department of Community Services a minimum of ten (10) work days prior to confirmation for use of the facility. 5 . A copy of liability insurance in the amount of $1 million dollars, listing the City as co-insured, for the date(s) of the event, is required prior to confirmation for the use of the facility. 6 . Security attendants will be required for any event selling or serving alcoholic beverages in any City building. A fiesoluti.orl', No. Page 21 FOOD SERVICE POLICY • FACILITIES SUITED FOR FOOD AND BEVERAGE SERVICE: Atascadero Lake Pavilion: A complete kitchen, offering a facility for various types of food service. The kitchen is fully equipped with dishes,': cups, glasses, silverware, service accessories, pans, and cookware. Administration Building Fourth Floor Kitchen: The kitchen has all major appliances. Accessories such as dishes, utensils, cups, glasses, silverware, and cookware are not available. Picnic Areas: Barbecue pits, electricity outlets (at some sites) and water are available. FOOD PREPARATION FOR SALE/COLLECTION OF DONATION: Individuals or organizations may request permission to sell or collect donations for providing food services at the above locations. SPermittee shall follow the procedures hereinafter ' set forth. It .shall be the full responsibility of the individual or organization to contact the County Health Department to determine the -exact requirements pertinent to the type of use. 1. Individual or organization wishing to sell or collect donations for food services must submit a application for permit to use a City facility a minimum of twenty (20) work days prior to the event. Applications may be obtained at the City of Atascadero, Department of Community Services, 6500 Palma Avenue, Room 106, Atascadero. 2 . The Director of the Department of CommunityServices shall approve or disapprove all requests for the sale or collection of donation for food services at City facilities. 3 . If approved, the applicant will be required :to contact the County Health Department regarding receiving a permit for food sales for a temporary event. The north county office is located at 5575 Capistrano, Atascadero (461-6059) . 4 . A copy of the County Health Department permit must be provided to the Department of Community Services a minimum of ten (10) work days prior to confirmation for use of the facility. (}(60,, ., Resolution No. Page 22 MAJOR/SPECIAL EVENT PROCEDURES Individuals or organizations may request permission to hold major events at City facilities. Individuals or organizations may request permission to hold a major/special event in a City facility by submitting an application for permit a minimum of twenty (20) work days prior to the event. A special event requested less than 20 work days prior to the event may be approved at Director or designee discretion. If approved, all applicable deposits and fees would be required at time of application. Applications request information as to: Type of activity Number of attractions Approximate attendance Information about sponsoring individual/organization Proposed set-up Event hours Road closures Applications may be obtained at the City of Atascadero, Department of Community Services, 6500 Palma Avenue, Room 106, Atascadero. The Director of the Department of Community Services, or his designee, shall approve or disapprove all requests for major/special events. Once an application is submitted, it will be presented to "other City Departments for input. If approved, the applicant will be notified and a confirmed permit will be mailed. The applicant may be required to list names and social security numbers of all personnel who may operate booths. The applicant may be required to obtain a permit for food sales from the County Health Department, a permit to sell alcoholic beverages from the Department of Alcoholic Beverage Control, or a business license from the City's Administrative Services Department. If required, a copy of such permit must be submitted to the Department of Community Services a minimum of ten (10) work days prior to the event The applicant may be required to provide portable restrooms, maintenance staff, police security, and special set-ups. All of the above will be accomplished at the applicant's expense. ()(_ 001; :3 HesoluLi_on No. Page 2 3 The applicant may be required to provide an insurance policy, naming the City of Atascadero as co-insured, in the amount of $1, 000, 000 liability and $500, 000 property damage. A reservation deposit may be charged when applying for certain facility reservations. This deposit will be applied to the facility usage fee, when paid. If all fees and security deposit are not paid a minimum of twenty (20) work days prier to the event, the full reservation deposit will be retained by the City of Atascadero. A security deposit may be charged for usage of certain facilities. The facility is cleaned and returned to it's original condition after an event, without damage to the facility or furnishings. Failure to do so may cause the forfeiture of a portion of or the entire deposit and possible revocation of future permits. No equipment will be stored at the City site until one (1) day prior to the event, at the discretion of the Director. The City is not responsible for the security of any equipment'; left at a City facility. All employees of applicant will adhere to any direction given by City representatives. Failure to do so may result :,in cancellation of the permit without notice. Hesolution No. 4'age 24 EXHIBIT "A" CITY OF ATASCADERO DEPARTMENT OF COMMUNITY SERVICES 6500 Palma Avenue Atascadero, Ca. (805) 461-5002 SOFTBALL TOURNAMENT GUIDELINES TOURNAMENT INFORMATION: The Atascadero Department of Community Services encourages organized sports tournaments for youth and adults, utilizing City recreational facilities. Attached are guidelines, application procedures, general information, and fees. TOURNAMENT APPLICATION PROCESS: - A tournament application form is required to be filled out and submitted with the following applicable fees paid prior to a date/location being confirmed. FEES: $ 50. 00 Non-refundable reservation fee submitted at time the application is submitted. $ 50. 00 Non-Resident tournament sponsor fee (if applicable) $150 . 00 Non-refundable tournament usage fee, to be submitted one month prior to tournament. $ 50 . 00 Cleaning Fee, to be submitted one month prior to tournament (refundable fee, unless fields are left in an unsatisfactory condition. ) It is noted that the $50. 00 reservation fee and the $150. 00 tournament usage fee are applied towards the field usage hourly charges and options requested for the tournament. If the tournament is not held (except for inclement weather) , these fees will not be refunded. The tournament sponsor is to meet with the Adult Sports Supervisor no later than one month prior to tournament to review event schedule, services requested, and options desired. Fees for the services and options are listed below. 9 ReSplUtion I4o. Page 25 FEES SERVICES / OPTIONS $ 5. 00/Hr Field Use Fee (mandatory) $ 30. 00 Food Concession Fee (optional) $ 30. 00 Alcoholic Beverage Concession Fee (Optional) (Liability Insurance Certificate '' and Alcoholic Beverage Control Board License required) $ 7 . 00/Hr Scorekeeper Services (optional) $ 10. 00/Hr Field Lights (optional) $ 5. 00/Bag Field Chalk (optional) $ 7 . 00/Hr Recreation Leader to supervise facility (may be assigned at the discretion of the Director of the Department of community Services) $ 40. 00 Lost key/lock replacement fee (if facility key is not returned) VERIFICATION OF TOURNAMENT FEES: After the tournament is held, the Adult Sports Supervisor will meet with the applicant to compute services and options utilized, which will be deducted from the application fees received. CONCESSIONS: The on-site concession facility at Paloma Creek Park is not available during tournaments. Traffic Way Park concession facility is available except between March through August. Portable concessions are allowed for softball tournaments. A copy Health Department food/beverage sales permit is required to be submitted to the Department- of Community Services for all concession usage one month prior to event. ALCOHOLIC BEVERAGE SALES: If the applicant wishes to sell alcoholic beverages, a letter acknowledging the event and proposed sales will be given to the applicant by the Department of Community Services to submit to the California Alcoholic Beverage Control Department (ABC) . A copy of the ABC permit is required to be submitted to the Department of Community Services one month prior to the event. Also required is a certificate of insurance for liquor liability, in the amount of $1 million dollars, naming the City of Atascadero as co-insured. A copy of the certificate of insurance needs to be submitted to the Department of Community Services one month prior to the event. € 00C,�)t) 1�c,solution No. l'ago 210 FIELD PREPARATION: Field preparation for tournaments may be done by the tournament organization. The applicant may request the Department of Community Services to provide names of people qualified to prep fields. The applicant would contract for field preparation directly with person providing the service. SCOREBOARDS: The Paloma Creek Park electrified scoreboard is not available for tournament usage unless operated by City Scorekeeper at $7 . 00 per hour. FACILITY KEYS: Facility keys can be picked up one working day prior to the event unless other arrangements are made with the Adult Sports Supervisor. Facility keys are required to be returned to the Adult Sports Supervisor one working day after the event. VEHICLES: All vehicles must be removed from the park area and placed in the parking lot prior to the beginning of the tournament, unless prior authorization has been given by the Department staff. This requirement is enforced to insure safety to all park users. The applicant will be penalized $50. 00 per vehicle if this requirement is not observed. One vehicle for the concession and one vehicle for field preparation will be allowed. . . .no exceptions. CANCELLATION OF TOURNAMENT: Sponsors canceling tournaments for any reason, except for inclement weather, will not be refunded the $50. 00 reservation fee or the $150 . 00 usage fee. W REPORT TO CITY COUNCIL Meeting Date: 3/9/93 CITY OF ATASCADERO Agenda Item: C-1 Through: Ray Windsor, City Manager Via: Henry Engen, Community Development Director } From: Kelly Heffernon, Administrative Analyst SUBJECT: Second City Council workshop and first public heaving on the Source Reduction and Recycling Element (SRRE) RECOMMENDATION: 1 . That Council review and comment on the program plans outlined in the SRRE document. 2. That Council consider approving the Final $RRE at the next scheduled public hearing on the document subject to any modifications to the plan once the Household Hazardous Waste Element and Environmental Impact Report have been received and commented on. BACKGROUND: During the December 8, 1992 City Council meeting, SLOCOG staff conducted an introductory workshop to review the Draft Final Source Reduction and Recycling Element. This first review set forth the framework for evaluating both local and regional programs. The second workshop is formatted to allow Council to address specific issues that are more technical in nature. Attached for further background information is a memorandum sent to your Council in preparation, for the first SRRE workshop. DISCUSSION: As you may recall, the state requires each city to hold two public hearings on the SRRE. Those same requirements hold for the Household Hazardous Waste Element (HHWE). Unless Council desires to conduct more than two public hearings on these documents, the second public hearing for the SRRE will be held when the City is prepared to formally approve the SRRE and Household Hazardous Waste Element. x)00 The HHWE is complete and has been reviewed by both the Solid Waste Technical Advisory Committee and Solid Waste Task Force. SLOCOG approved the HHWE in February and will distribute the document to all jurisdictions within the County next month. A City Council public hearing on the document is tentatively scheduled for May. Before the City can formally adopt the SRRE and HHWE documents, the program EIR must be approved. SLOCOG is the lead agency in this process and is therefore responsible for certifying the EIR. According to CEQA (section 15050), all of the cities in the county are considered Responsible Agencies and must certify that the lead agency reviewed and considered the information contained in the EIR. This may be accomplished through resolution. There is no exact time estimate as to when the Draft Program EIR will be available for review and comment. -The Administrative Draft is currently being reviewed by SLOCOG staff. SLOCOG staff will again conduct the workshop. The consultant, Ruth Abby from Brown, Vence & Associates, will also be available at the meeting to answer any detailed technical questions. Council should note that many of the SRRE programs outlined for implementation in the short term are already in place. The City currently has a residential curbside program, green waste program, and two pilot commercial programs for commingled and cardboard recycling. FISCAL IMPACT: Pleas refer to the attached memorandum for details. f ATTACHMENT A MEMORANDUM To: City Council members, Ray Windsor and Dept. Heads Via: Greg Luke, Public Works Director From: Kelly Heffernon, Administrative Analyst Subject: Update of AB 939 Process Date: October 22, 1992 The objective of this update is to review the status of the Source Reduction and Recycling Element (SRRE) and the potential major impacts that the local and regional programs may have on the City. This review is prepared as a prelude to the upcoming workshop and public hearing process for adoption of the SRRE by Council. SRRE WORKSHOP The City's contract agreement with the consultant (BVA) includes two public review workshops. It is anticipated that the first workshop will be an 'introduction to the SRRE. Council will be encouraged at this time to address issues that will require further evaluation at the subsequent workshop. Since detailed technical questions will likely be premature at this first meeting, it is recommended that County staff make the introductory presentation. This would save the City a costly visit from the consultant for a future workshop when their services would be better warranted. To date, two cities have had their first workshop: Arroyo Grande jSeptember 22) and Paso Robles (October 6). Both were scheduled during regular City Council meetings, allowing little time to adequately review the document. Staff recommends a separate public hearing be held to evaluate the SRRE. Given the scope and projected costs for the various programs outlined in the document, the adoption process is anticipated to be controversial and time consuming. Although it may be prudent to wait and see hove other jurisdictions respond to their SRRE's, it should be kept in mind that the 1995 deadline is not far away. There will be an abundance of information presented at the workshops. The following is provided as an introduction to what will be discussed at these! meetings. a, BACKGROUND • As you may recall, the California Integrated Waste Management Act of 1989 (AB 939) mandates each jurisdiction to develop the following plans: * Solid Waste Generation Study (SWGS) * Source Reduction and Recycling Element (SRRE) * Household Hazardous Waste Element (HHWE) Counties are additionally responsible for preparing a Countywide Suing Element (CSE) and a County Integrated Waste Management Plan (CIWMP). Recent state legislation (AB 3001) added to the responsibility of both cities and counties to include a Nonsdisposal Facility Element. This element is to include all solid waste facilities and solid waste facility expansions, except disposal and transformation facilities, which will recover for reuse or recycling at least 5% of the total volume of material received by the facility. The Nondisposal Facility Element is to be appended to the jurisdiction's SRRE when it is included with the CIWMP. Development and implementation of these plans is the responsibility of each individual jurisdiction under AB 939. The cities and the unincorporated county areas have formed a regional Solid Waste Task Force (SWTF) under the San Luis Obispo Council of Governments (SLOCOG). The original intent of establishing a regional planning approach was to maximize efficiencies of facility and program planning, development and operation. The draft SWGS and SRRE for the City have been completed by a solid waste consultant, reviewed by the California,Integrated Waste Management Board (CIWMB) and returned with minor comments. The HHWE is currently being prepared by SLOCOG staff. It is anticipated that a draft of this document will be brought before the SWTF for review and comment shortly after the first of the year. Environmental analysis for both the SRRE and HHWE will be included in one Program Environmental Impact Report (EIR). The Source Reduction and Recycling Element has the following eight components: 1 . Source Reduction 2. Recycling 3. Composting 4. Special Wastes 5. Education and Public Information 6. Disposal Facility Capacity 7. Funding 8. Integration o(>!cryi%A OVERVIEW OF PROGRAMS As an organizational format, each component is divided into 5 major program areas: Objectives, Existing Conditions, Evaluation and Selection of Program Alternatives, Program Implementation and Monitoring and Evaluation. The SWT-F has determined that regional implementation of some programs and facilities will be cost effective and eliminate the duplication of efforts of individual jurisdictions within the county. The SWTF is in the process of developing a Joint Powers Agreement (JPA) which will create a regional Authority. As you may recall, the concept of the::JPA was endorsed by the Council last February. The tasks of the Authority have been outlined to: * Coordinate development and implementation of regional peograms * Manage public interest in the development and operations of major composting and materials processing facilities The City is to work with the regional Authority to develop regional programs and facilities that will effectively integrate with the City's existing program's. City staff will also manage the local implementation of regionally developed programs. For example, the City may work with the regional Authority to devolop printed source reduction materials and then coordinate the use of the materials in the City. Although future legislation may allow regions to calculate diversion levels on a regional basis, the ultimate vulnerability to the $10,000 a day fine for noncompliance is with the individual jurisdiction. This is an extremely important point, Council could be faced with a decision to give JPA extensive authority to implement the Integrated Waste Management Plan yet the City will still ultimately be responsible for implementing all of the AB 939 provisions. Regional Programs and Facilities will include: * Source Reduction * Recycling facility for materials processing * Composting facility * Special waste collection and processing site * Education and public information To meet the 1995 requirements, the City will focus on continued expansion of existing programs to reach the state mandated goal of 25% waste reduction. The City's existing successful collection programs include the following: * Volume-based rate structure * Residential curbside of green waste * Residential curbside of commingled recyclables * Pilot collection of recyclables and cardboard from commercial businesses and multi-unit complexes Existing local programs are funded by the garbage collection rates charged to residents and businesses. Planned regional programs will be funded by increases in tipping fees at the landfill and at recycling and composting facilities. The tipping fee is the cost per ton the hauler must pay to the landfill to dump waste and is ultimately reflected in the rates paid by residents and businesses. REVIEW OF AB 939 PROGRAMS DESCRIBED IN THE SRRE Source Reduction Source reduction means decreasing waste by consuming less. It is mandated by the state as the highest priority program. Source reduction programs will be most efficiently and economically developed on a regional basis. Our SRRE indicates that City staff will participate in the development of programs and that implementation will be both regional and local. Planned programs include providing technical assistance, education and promotion of: * Backyard "master composting" program * Business and local government waste evaluations\source reduction * Countywide waste exchange * Countywide joint purchase pools * Environmental shopping campaign * Public source reduction education program * Regional bans on specific products and packaging * Review of planning, zoning and building codes for potential development of incentives to encourage rehabilitation of existing structures * Monitoring of state and federal grant programs Recycling As stated above, planned regional recycling programs and facilities will be based on the City's existing recycling programs. The policies in which City recycling programs are based include: * Maintain source reduction as a primary objective * Continue source separation programs which provide an uncontaminated, more valuable product * Encourage the purchase of recycled products * Encourage the establishment of businesses which manufacture goods made from recyclables Our recycling component consists of plans to continually expand our existing collection programs which are listed above, and to evaluate the feasibility of participating in a regional materials processing facility. This facility would serve the w i R area north of the Cuesta Grade and would process source separated recyclables and debris from the residential, commercial, industrial and institutional sectors. Only the residue would be landfilled. The costs estimated by the consultant for this facility are high end projections and are shown in the attached summary of casts. The projected date of completion for this facility is 1996. Composting The City's composting program will expand upon our existing residential green waste collection program. Collected yard debris will eventually be composted at a regionally sited composting facility. Reaching our 25% diversion level will Iorgely depend upon when this facility and collection system are implemented. Once this program is established, the City will work with other jurisdictions to determine the feasibility of expanding the compost program to include food debris, agricultural materials, unrecycled paper and municipal sewage sludge. The estimated costs of this facility and program are shown in the attached summary of costs. Special Wastes Special wastes are those that require special handling dueto their physical characteristics or potential hazard to human health or to the environment. The special waste programs targeted in the SRRE include the following: * Expansion of white goods (large appliances) collection at the landfill * Construction and demolition debris (asphalt, concrete and sheetrock) collection and processing * Expansion of existing tire diversion programs Education Education and public information programs are planned to be developed on a regional level. City staff will work with the regional Authority to develop appropriate education and public information materials for source reduction, recyclingi, composting, and special waste programs. Materials developed and produced on this regional level will be available for Atascadero's use in promoting both regional and local programs. 0001.0 1 SUMMARY OF SRRE PROGRAM COSTS FOR ATASCADERO The costs outlined below are estimates based on various program assumptions. The actual costs may vary depending on final program design. Costs for regional programs are distributed among the North County jurisdictions according to population. Please refer to Volume 2 of the SRRE document for a finer breakdown of costs. The projected regional costs for these programs include local staff time. The City is currently supplying a limited amount of staff time for recycling programs and education. As proposed, demand for staff time will increase with the planning and implementation of programs. Note that some of the programs have already been enacted and costs incorporated into the existing rate structure for garbage collection. Various pilot programs, such as commercial recycling, are also currently in place. 1. SOURCE REDUCTION - Anticipated Capital Costs Operating Costs Date of (the City's & Debt Service Implementation proportionate share) (Cost per year) All Programs: 1992-1995 $4,999 $15,318 *Local Government Programs - *Technical Assistance, Education, and Promotion *Regulatory Programs *Economic Incentives *Rate Structure Modification 11. RECYCLING A. Single-Family December 1991 $285,458 $182,202 Curbside (all costs of curbside are included in existing rates) Assumes Santa Margarita and Templeton will be incorporated into the Atascadero program and share the costs. B. Multi-unit 1992 $30,336 $4,930 Recycling There is currently a pilot program in place serving a limited # of complexes. Anticipated Capital Costs Operating Costs Date of (the City's & Debt Service Implementation proportionate share) (Cost per year C. Commercial 1992 $116,470 $52,549 Recycling There is currently a pilot program in place. Processing n\a $200,972 Assumes Facility processing costs This facility will be used to service will be offset by curbside, multi-unit recycling and bar & revenues restaurant glass recycling. D. Office Paper 1992 $3,681 $3,557 Recycling E. Material 1996 $865,832 $196,900 Processing Facility Used to process source separated recyclables and debris from residential, commercial and industrial waste streams. Will require interagency coordination. Total Recycling: $1,502,749 $440,138 (Less curbside): ($1,217,291) ($257,936) III. COMPOSTING A. Yard Debris 1993 $1,078,830 $238,414 (collection and facility costs) Collection and processing of yard debris, wood debris, manure and misc. organics. C. Source-Seoarated 1995 $1,328,279 $527,115 Organics Composting This is an expansion of the collection system of the yard debris composting program. Food debris, mixed paper and contaminated paper are added to the program. • Total Composting: $2,407,109 $765,529 Anticipated Capital Costs Operating Costs Date of (the City's & Debt Service Implementation proportionate share) (Cost per year) IV. SPECIAL WASTES All Programs: 1992-1994 n\a $8,834 *White goods recycling, repair and reuse *Asphalt, concrete, and sheetrock recycling *Tire management program (retreading, reuse, crumb rubber, shredding tire-derived fuel) V. EDUCATION AND PUBLIC INFORMATION All Programs: 1992-1993 $20,208 $17,080 *Includes public education activities associated with each component. 0010Id, n REPORT TO ATASCADERO CITY COUNCIL 14TEM: D-1 DATE: FROM: Andrew J. Takata, Director Department of Community Services SUBJECT: AMENDMENT TO ORDINANCE NUMBER 252 SECTION 2-13.03 - EXPIRATION OF PARKS AND RECREATION COMMISSIONER TERMS (ORDINANCE NO. 268) _ RECOMMENDATION: G, (1) Motion to waive reading of Ordinance No. 268 in full and read by title only; (2) Motion to introduce Ordinance No. 268 on f''rst reading by title only. DISCUSSION: Parks and Recreation Commission recommend to the City Council, amending Ordinance Number 252 , Section 2-13 . 03 (Terms of Office) to reflect, "The terms of four (4) of the regular members shall expire on September 1, 1994, and every four years thereafter. The terms of three (3) of the regular members shall expire on September 1, 1996, and every four years thereafter. " Extending the Commissioner term to September from June allows newly elected Council members to interview and appoint Com%ission members in a timely manner. This action would also be consistent with terms of of Planning Commissioners. BACKGROUND: Ordinance Number 252 currently depicts Commissioner terms of office .expiring on June 30th respectively. Newly elected City Council member terms begin in late June. After taking office, a period time lapses before the full Council is able to ; interview and appoint Parks and Recreation Commissioners. Hence,',; three or four Parks and Recreation Commissioner positions remain unoccupied for a period of time. AJT:kv ;prc.term 000108 Parks and Recreation Commission Minutes January 21, 1993 - ITEM 6-C - PARKS AND RECREATION COMMISSION TERM EXPIRATION DATES - AMENDMENT TO ORDINANCE NUMBER 252 : Geoff English presents the proposed ordinance amendment. The amendment will change the expiration date of the Commission terms from June 30 to September 1. Currently, new City Council members are elected in the month of June, and their related appointment of new Parks and Recreation Commissioners is required simultaneously. The amendment to September 1 allows new City Council members tQ_become situated in their positions prior to making appointments and the Commission does not meet with reduced members for a period of time. MOTION: Commissioner Beatie moves to accept staff's proposed Ordinance #252 amendment and recommend the City Council approve it; Commissioner Smart seconds; Motion carries 7-0 000109 ORDINANCE NO. 268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING ORDINANCE NUMBER 252, SECTION 2-13..03 OF THE ATASCADERO MUNICIPAL CODE AMENDING PARKS AND RECREATION COMMISSIONER TERMS The City Council of the City of Atascadero does ordain as follows: Section 2-13.03 is amended to read as follows: Section 2-13.03. Members: Appointment: Terms of Office. The City Council shall appoint members of the Parks and Recreation Commission by a majority vote of, the en- tire Council. There shall be seven (7) regular'; members of the Commission. The terms of four (4 ) of the regular members shall expire on September 1, 1994, and every four (4 ) years thereafter. The terms of three (3)', of the regular members shall expire on September 1, 1996, and every four (4 ) years thereafter. Vacancies : on the Commission occurring other than by expiration ,of term shall be filled in the manner established for appointments. All members shall serve at the pleasure of the City Council. Publication: The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circula- ted in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification, together with proof of posting, to be entered into the Book of Ordinances of the City. Effective Date: This ordinance shall go into effect and be in fall force and effect at 12 : 01 a.m. on the 31st day after its passage. ORDINANCE Page Two On motion by Councilmember seconded by Council- member , the foregoing ordinance is approved by the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: - LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 0001 &.j 3/9/93 IIIII�III at of SM 1U1S0! B1SP0 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 February 25, 1993 Mr. Ray Windsor, City Manager City of Atascadero 6500 Palma Ave. Atascadero, CA 9422 Dear Ray: At the Channel Counties Division meeting in February, all cities were asked to adopt a resolution supporting the Division's Legislative Action Program. I have enclosed a copy of the resolution adopted by San Luis Obispo for your reference. Could you forward a copy of your resolution to my office? If your city has not yet adopted a resolution supporting this program, hopefully your City Council will be considering it in the near future. There was also great interest in our one page analysis of what the State,budget grabs have meant to San Luis Obispo. If your Finance Director can generate a similar analysis and forward it to my office, I would appreciate it. This data will be forwarded to the League in Sacramento as well as to our State legislators. The more information we have to take to our legislators, the greater the impact we will have on their decision�making. Please send copies of your resolution and fiscal impacts to the attention of Diane Gladwell at the above address. If you have any questions, call me at (805) 781-7103. 1 look forward to seeing you at our April 16 quarterly meeting in Camarillo. Penn, Rappa President CHANNEL COUNTIES DIVISION LEAGUE OF CALIFORNIA CITIES PR:klc 0001 �' q RESOLUTION NO. 8120 (1993 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE L13AGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVrISION'S LEGISLATIVE ACTION PROGRAM FOR 1993 WHEREAS, the State of California is anticipating a revenue shortfall, estimated at $10 billion, and; WHEREAS, the Channel Counties Division of the League of California Cities wishes to mitigate attempts by the State to secure needed revenues from cines, and; WHEREAS, the San Luis Obispo City Council promotes the Division's wishes to take an active role in influencing the-decisions of our State legislators; NOW, THEREFORE, BE IT RESOLVED that the San Luisa Obispo City Council does hereby adopt this resolution in support of the Channel Counties Division's Legislative Action Program to reduce the impact of the State revenue shortfall on cities. _ "Cementing a Relationship with Our Legislators" ►- Identify and document the impacts we are experiencing with the assistance of the City Managers Group. List all possible revenue "taking' options and anticipated impacts and distribute to each city, based upon past proposals. ► Share information with our respective legislative representatives on a regular basis in their field offices and let them know we are on the front lines making difficult and "politically unpopular" decisions on a daily basis. Request meetings between February and June, to establish tb:e cumulative impacts of budget "takings" on our division. Utilize Division Quarterly Meetings to share our experiences and strategies. Inform the State League Directors of our plan and coordinate with other ongoing activities. R-8120 w Resolution No. 8120 (L-.3 Series) Page 2 ► Identify opportunities for additional revenues and offer solutions. On motion of Council Member Settle , seconded by Council Member Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Roalman, and''' Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and_adopted on this 16th day of February, 1993. Mayor Pee Pinard ATTEST: - Di e R. qLladwelfll, City Clerk ay:, Kim Condon, Assistant City Clerk APPROVED: City Ad 'nistrative Officer i tto ey 0001111 CHANNEL COUNTIES DIVISION 1993 LEGISLATIVE PROGRAM Once again the State of California is anticipating a revenue shortfall, estimated at SIO billion. The Channel Counties Division Executive Committee proposes the division adopt. a program"Cementing a Relationship with our Legislators" to reduce any attempts to secure needed revenues from our cities. The following is.the suggested-program structure: 1) With the assistance of the City Managers Group, cities should identify and document financial impacts they are experiencing independent of any State action. 2 Impacts from recent and newly proposed State actions should also be documented. A list of possible State options for taking revenue from cities will be distributed to each city, based upon the best available information. 3) Share information individually with our respective legislative representatives b'y sending tetters to Sacramento on a regular basis. 4) In concept, cities or groups of cities will request meetings with legislators or too staff in the district between February and June, so as to establish the cumulative impacts of budget "takings" on our division. 6) Division Quarterly Meetings shall be utilized to share experiences and successful- strategies with our members. 6) The Division shall inform the State League Directors of our plan and coordinate with other activities presently ongoing. 7) Identify opportunities for additional revenues from existing sources and authority to seek new sources. We need to offer solutions. Be sure to let your legislator know that as cities we are on the front lines making. difficult and "politically unpopular" decisions on a daily basis. We must all share in the pain. Attachment: Names and addresses of Legislators 000115 iA RESOLUTION OF THE CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CALIFORNIA CITIES ', ADOPTING A LEGISLATIVE ACTION PROGRAIM FOR 1993 WHEREAS, the State of California is anticipating a revenue shortfall, estimated at S10 billion, and; WHEREAS, the Channel Counties Division of the League of California Cities wishes to mitigate attempts by the State to secure needed revenues from cities, and; WHEREAS,. the Division wishes to take an active role-in influencing the decisions of our State legislators; - NOW, THEREFORE,BE IT RESOLVED that the Channel Counties Division does hereby adopt the following. Action Program to reduce the impact of the State revenue shortfall on cities. "Cementing a Relationship with Our Legislators" ►- Identify and document the impacts we are experiencing with the assistance- of the City Managers Group_ i ►- List all possible revenue "taking" options and anticipated impacts and distribute to each city, based upon past proposals. ►- Share information with our respective legislative representatives on a.regular basis. in their field offices and let them know we are on the front lines making difficult and "politically unpopular" decisions on a daily basis. >- Request meetings between February and June, to establish the cumulative impacts of budget "takings" on our division. ►- Utilize Division Quarterly Meetings to share our experiences and strategies. ►- Inform the State League Directors of our plan and-coordinate with other ongoing activities. ►- Identify opportunities for additional revenues and.offer solutions. ADOPTED by general consensus of those in attendance at the Quarterly Division Meeting held on January 22, 1993. Penny Rappa, President 000116 Summary of State Budget Grabs What was proposed for 1992-93 (Cities in San Luis Obispo County) . . . . .777-777777777 • Vehicle . Property License Fees Taxes . TOTAL Arroyo Grande $504,200 $121,900 $626,100 Atascadero 810,800 * 810,800 Grover City 412,300 67,300 479,600 Morro Bay 337,000 183,900 520,900 Paso Robles 698,200 194,300 892,500 Pismo Beach 266,800 64,400 331,200 San Luis Obispo 1,472,600 4179400 1,890,000 TOTAL $4,501,900 $Y,049,200 $5,551,100` * Based on initial proposals, the City ofAtascadero was to be unaffected by the proposed change in property tax allocations as it incorporated after the passage of AB 8, however,it was affected by the final State cuts in the amount of$200,000 annually. What bappened? Cities lost$205 million in General Fund property taxes and another $205 million in redevelopment agency revenues. On the General Fund side, final revenue cuts were very close to the initial property tax proposals,leaving VLF as a large remaining target. What has the last two years meant to the City of San Luis Obispo? 1991-92 Property tax administration fees 125,000 Booking fees 130,000 Cigarette tax in lieu 60,000 125,000 Fines&forfeitures Sexual assault response team SART exams 40,000 1992-93 Property tax allocation transfer 436,000 Cigarette tax in lieu 60,000 TOTAL $976,000: This means we have lost almost$1 million dollars, the equivalent of 20 Police Officers. What can the State do? 0- Limit the deductibility of mortgage interest *- Retain current sales tax rate 0- Increase gas tax rate Improve efficiency in State operations • Implement the long—term structural changes necessary to really balance the State budget 000111!