HomeMy WebLinkAboutAgenda Packet 04/08/1997 i
*PUBLIC REVIEW COPY
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ATASCADERO CITY COUNCIL
REGULAR MEETING
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APRIL 8, 1997
CITY ADMINISTRATION BUILDING'
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROM
George Harold Ray Jerry Ken
Luna Carden `Johnson Ciay ).erno
This agenda is prepared and posted pursuant to the requirements f Government
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 identified in tt e,blief general
description of each item, the action that may be taken shall include: A refers to staff with
specific requests for information,continuance;specific direction to staff concer 7ing the policy
or mission of the item; discontinuance of consideration; authorization �;proval;
enter into
negotiations and execute agreements pertaining to the item; adoption or and,
disappro val.
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 2 8) and in the
InformationOffice (Room 103), availableforpublic inspection during City Hall business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in a City meeting or other services'offered by this City, please cc ntact the City
Manager's,Office, (805) 461-5010, or the City Clerk's Office, (805) 461=507 . Notification
at least 48 hours prior to the meeting or time when services are needed will ssist the City
staff in assuring that reasonable_arrangements can be made to provide accessibility to the
meeting or service.
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7:00 P.M. REGULAR SESSION: (Please see Rules of Public Parti i ti back page)
CALL TO ORDER j
PLEDGE OF ALLEGIANCE
ROLL CALL i
COUNCIL COMMENTS:
• Employee performance recognition
PROCLAMATIONS:
• "Atascadero State Hospital Volunteer Recognition Day",'April 16 1907
• "Electrical Safety Month", May 1997 (SLO County Labor Management Cooperation
Committee)
• "National Library Week", April 13-19, 1997
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COMMUNITYFORUM
A. CONSENT CALENDAR: A#matters listed under Item A, 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 Mese items. A member of the Council or
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 -January 28, 1997 [Marcia Torgerson]
(City Clerk recommendation: Approve)
2. CITY TREASURER'S REPORT - January, 1997 [Rudy Hernandez]
(City Treasurer's recommendation; Review & accept)
3. CITY TREASURER'S REPORT - February, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
4. TENTATIVE TRACT MAP 95001, 88051 ATASCADERO AVE. - Consideration of final
tract map to divide two existing parcels into five lots of one-half acre each (net) for
single-family residential use [Steve DeCamp]
(Staff recommendation: Approve)
5. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of
application for the creation of five airspace condominium units within three industrial
buildings currently under construction (Gearhart/Cannon Associates) [Steve
DeCamp]
(Planning Commission/Staff recommendation Approve)
6. AWARD OF BID FOR PURCHASE OF ELECTRICAL CONTROLLER FOR
WASTEWATER PUMPING:STATION NO. 3 [Mark Markwortl
(Staff recommendation: Award bid)
7. RESOLUTION NO. 22-97 - Approving a'Memorandum of Understanding with the
Atascadero Unified School District for the Atascadero Family Preservation Project
[Brady Cherry],
(Staff recommendation: Adopt)
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B. PUBLIC HEARINGS:
1. 1997 COMMUNITY DEVELOPMENT BLOCK GRANT [Steve DeCap]
(Staff recommendation: Recommend specific 1997 CDBG al/oca tons to be included
in the County Consolidated Plan)
C. REGULAR BUSINESS:
1. RESOLUTION NO. 21-97 -,Authorizing the execution of an agreement between the
Cityand Beach Cycle Rentals for boat & equipment rentals at At scadero Lake Park
[Brady Cherry]
(Parks & Rec. Commission recommendation: Adopt)
2. NOTIFICATION OF PROPOSED SOLID WASTE RATE INCREASE, FFECTIVE MAY 1,
1997 [Bob Grogan]
(Staff recommendation: Information only)
3. AMENDMENTS TO METHOD OF APPOINTMENT OF CITY BOAR MEMBERS' &
COMMISSIONERS [Roy Hanley]
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A. Ordinance No. 327 -Amending Sections 2-9.01, 2-12.01 3nd 2-13.03 of the
Atascadero Municipal Code to provide a method of appoin merit of Planning
Commissioners, Parks & Recreation Commissioners and,m mbers of the
Building & Construction Board of Appeals o
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(Staff recommendation: Motion to waive reading of ordin nce in full and
introduce on first reading, by title only)`
B. Resolution No. 23-97 - Amending the appointment proces for City boards &
commissions
(Staff recommendation: Adopt) `
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D. COMMITTEE REPORTS.(The following"represent standing commil tees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee !
4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6. Finance Committee
7. Air Pollution Control District
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
- 1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
F. STATUS OF CITY COUNCIL REFERRALS:
1. General Plan Economic"Development Element - "Development Incentives" (Hal
Carden) Handout.
2. Zoo/Pavilion workshop scheduled for Wednesday, April 16, 1997 at 6:00 p.m.
(Brady Cherry)
(Staff recommendation: to continue Pavilion review to another date)
G. ADJOURNMENT:
The City Council will adjourn to a workshop at 6:00 p.m. on Wednesday, April 16
1997, for review of the Pavilion. Said meeting shall be held in the Rotunda Room
0' Floor) of the City Administration Building, 6500 Palma Avenue, and is open to;
the public.
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Atascadero State Hosyital
"Volunteer Recognition Day'
1"1 16, 1997
WHEREAS, One of our community's greatest resources is its volunteers, who each year
contribute thousands of hours to Atascadero State Hospital, its staff andyatients; and
WHEREAS, These volunteers give freely of their time, energy and ability, and ask only for a
smile and a thank you for their countless hours of service; and
WHEREAS, Their work is of the highest quality and brightens the lives of others each day;
and
WHEREAS, The nation is observing "National Volunteer Week" Ayril 13 through Ayril 16,
1997; and
NOW, THEREFORE, I Ray Johnson, Mayor of the city of Atascadero, do hereby yroclaim
Ayril 16, 1997, as
"Atascadero State Hospital
Volunteer Recognition Day,
and that the city takes great yleasure in dyressing sincere gratitude and appreciation for the
dedication, seHess and comyassionate contributions made by volunteers at Atascadero State Hospital.
`'. RAY JOHNSON, Mayor
city of Atascadero, california
V3�u' ]4F
4 Ayril S, 1997
r
"ELECTRICAL SAFETY MONTH"
May, 1997
WHEREAS, Hundreds o f yeople die and thousands are injured each year in electrical accidents; and
WHEREAS, The estimated deaths from residential electrical fires are more than seven hundred lives annually;
and
WHEREAS, Property damage due to electrical fires amounts to over one-billion dol
"National Library Week"
Aril 13-19, 1997
WHEREAS, Libraries are a key element in fostering our democracy; and
WHEREAS, in books are stored the accumulated wisdom of the ages, and the individual who
does not read has very little advantage over the person who cannot read; and
WHEREAS, A special week Of activities has been planned at the county Branch Library in
Atascadero which will be open to the public;
NOW, THEREFORE, I Ray Johnson, Mayor, herebyproclaim the week of April 13-19,
1997
"National Library week"
in Atascadero and urge all citizens to visit the library during this special time to acquaint themselves
with the many fine services offered.
RAY JOHNSON, Mayor
y city of Atascadero, california
T4April 8, 1997
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Agenda Item: A-1
Meeting Date: 4/8/97
ATASCADERO CITY COUNCIL
JANUARY 28, 1997
MINUTES
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:02 p.m. and Councilman Luna led
the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk; Rudy Hernandez, City Treasurer
Staff Present: Andy Takata, City Manager; Brady Cherry, Community Services
Director; Roy Hanley, Deputy City Attorney; Steve Decamp, Acting
Community Development Director; Lt. Bill Watton, Acting Chief of
Police; John Neil, Asst. City Engineer; Cindy Holton, Deputy City Clerk
COUNCIL COMMENTS:
Councilman Luna expressed gratitude to the Streets Division, Police and Fire Dept.
personnel for the placement of barricades during the recent flooding.
Councilman Luna displayed an overhead which reflected Stadium Park accounting (Exh. A,
attached). He stated that a deficit of $90,000 needs explanation and he asked that it be
placed on the City Council's agenda, but would prefer an independent audit. Rudy
Hernandez responded that this issue will be addressed during mid-year budget review.
Andy Takata said he is attempting to schedule a Finance Committee meeting for 2/4/97.
Andy noted the that part of the delay is due to the short-staffing situation in Finance.
Discussion ensued concerning the status of hiring Finance personnel.
Ray Johnson reminded the members of Council to let the City Manager know of any
outstanding items for which follow-up has been requested, and he asked that Andy compile
a complete list prior to his departure. The Finance Committee meeting was confirmed for
2/4/97 at 3:30 p.m.
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Page 1
COMMUNITY FORUM:
Eric Greening, 7365 Valle, thanked Councilman Luna for bringing up some of the
discrepancies regarding Stadium Park accounting. He said that ANTA recommended that
half of an annual (not clear on specific date) increment of the Tree Mitigation Fund be
programmed to fill in part of the purchase price of Stadium Park, and he requested that be
tracked as well. Andy Takata responded that Stadium Park needs to be taken out of the
General Fund so it can be clearly tracked.
Scott Young, 9312 Bocina, introduced himself as Supervisor Mike Ryan's Administrative
Aid and said he looks forward to working with the city on county issues. He conveyed
telephone numbers of Supvr. Ryan's office: 781-5450, or 781-4339 direct.
Richard Moen, 4200 Portola Rd., requested that a section of roadway between Santa Lucia
and Ardilla on Portola be resurfaced. Brady Cherry reported that Portola Road (600' on
each side of Ramage Ave.) is scheduled for overlay and will go out to bid in about a week.
Mr. Moen requested the overlay extend to Santa Lucia. Mr. Neil noted that the bid will be
on a unit-cost basis, which will allow some flexibility in the field to address some of the
other areas along that stretch of roadway.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - December 10, 1996 .
(City Clerk's recommendation: Approve)
2. APPROVAL OF WARRANTS - December, 1996
(Staff recommendation: Approve)
3. CITY TREASURER'S REPORT - December, 1996
(City Treasurer's recommendation: Approve)
Mayor Johnson announced that Item A-1 has been continued.
Councilman Luna pulled A-3.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-2. Motion passed unanimously by roll-ca/1 vote.
Re: Item A-3: Councilman Luna asked the City Treasurer to explain how he has changed
the City's investment strategy, and he commended Rudy's efforts for the work involved to
track the investments. Rudy Hernandez responded, explaining that his intent is to diversify
the City's funds as much as possible. Councilman Carden requested a report on what the
risk to the City is for investing in LAIF, i.e. what is the risk of default and, were it to occur,
would there be a state intervention. Rudy responded that the state does have staff who
specialize in the risk area; he would prefer to agendize this subject for a future meeting so
he can research the specifics. Further discussion ensued.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-3. Motion passed unanimously by roll-call vote.
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• B. PUBLIC HEARINGS:
1. TENTATIVE TRACT MAP/ZONE CHANGE 96011, 10920 EL CAMINO REAL
A. Tentative Tract Map 96011 - Consider application to subdivide a 4.59 acre
property into nine (9) small lots (average lot size 5,829 sq. ft.) for single
family residential development using the Planned Development Overlay Zone
#7 (PD7) and a remainder parcel of 3.06 acres
(Planning Commission/Staff recommendation: Approve based on Findings &
Conditions of Approval)
B. Ordinance No. 319 - Amending Map 23 of the official zoning maps by
rezoning certain real property at 10920 EI Camino Real from RMF/16 to
RMF/16 (PD7) (ZC 96011: Nichols/Charnley/Sholders)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
Steve DeCamp, Acting Community Development Director, provided the staff report and
responded to questions from Council. He noted the ordinance needs to be considered first
in order to entitle the proposed tract map.
Mayor Johnson announced that Councilman Clay stepped down from the discussion on this
item due to a potential conflict of interest.
Public Comment
Eric Greening, 7365 Valle, noted from the Planning Commission minutes, included in staff's
report, Commissioner Bowen's concern about safe access and asked why the proposed
subdivision could not be accessed from San Diego Rd. rather than EI Camino Real. John
Neil, Asst. City Engineer, responded. He said the applicant was required to hire a traffic
engineer to analyze the situation and provide recommendations, and he further explained
staff's analyses of the traffic issues.
Motion: By Councilman Carden, seconded by Councilman Lerno to waive the
reading of Ord. No. 319 in full and introduce it on first reading, by title
only. Motion passed by 4:0 roll-call, with Councilman Clay abstaining.
Motion: By Councilman Carden, seconded by Councilman Lerno to approve
TTM 96011, based on Findings and Conditions of Approval. Motion
passed by 4:0 roll-call, with Councilman Clay abstaining.
2. PROPOSED AMENDMENTS TO THE SKATEBOARD ORDINANCE
A. Ordinance No. 320 - Adding Section 4-2.1011 to the Atascadero Municipal
Code, prohibiting skateboard and rollerblade cruising
(Staff/City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
• Roy Hanley, Deputy City Attorney, provided staff report. Bill Watton, Acting Police Chief
commented that he would prefer, in Section 4-2.1011(b)(2) of the proposed ordinance, that
the time be specified as 20 minutes, rather than the proposed 5 minutes. In addition, he
CC 1/28/97
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recommended changing the word "utilized" in that same section to "selected". Mr. Hanley
concurred with the suggested changes and confirmed that they would be enforceable.
Council questions and discussion ensued.
Public Comment
Rush Kolemaine, Box 1990, feels there is room for legal contest if the ordinance does not
provide more specific direction for posting—that there should be some minimum size and
clear visibility specified so as to be considered as a reasonable notice.
Rick Mathews, 6950 Navarette, supports the proposed ordinance as a better approach than
banning skateboarding. He expressed support for the Atascadero skate park at the youth
center and encouraged positive support and guidance for Atascadero's youth.
Eric Greening agreed with the previous speaker. He suggested that, if an infraction
includes some kind of property damage, the fine money should go into a restitution fund. If
a citation is for violating the cruising clause of the ordinance, it should provide an
opportunity for the cruiser to contribute to keeping the skate park open longer.
George Beatie, Parks & Rec. Commission Chairman and member of the ad hoc Skateboard
Committee, urged support of this middle-ground approach rather than banning skate-
boarding or an extensive posting of the City. He noted that the ARC Board plans to
circulate a code of ethics to young people as to what might be expected of them as
preferred skateboarding behavior.
Susan Warren, 3556 El Camino Real, supported this middle-ground approach to the
skateboard issue.
Martha Watson, representing the Adobe Plaza Association, noted that the skateboard
problem has continued to increase over the last year and one-half; clear postings are
repeatedly ignored and torn down. The Association has given authorization to,the Police
Dept. to come into the plaza and confiscate skateboards when problems occur. She
supports the proposed ordinance, but encouraged taking of the boards as a consequence to
violations.
Motion: By Councilman Carden, seconded by Councilman Luna to waive the
reading of Ordinance No. 320 in full and introduce it on first reading
by title only, including increasing the time limit in Section 4-
2.1011(b)(2)
-
2.1011(b)(2) from the proposed 5 minutes to 20 minutes, and
changing the word "utilized" in Section 4-2.1011(b)(2)(a) to
"selected". Motion passed by 5:0 roll-call vote.
COUNCIL RECESSED FOR A BREAK FROM 8:15 - 8:25 P.M.
3. PROPOSED NEWSRACK ORDINANCE
A. Ordinance No. 321 - Providing for the regulation of newsracks and repealing
sections inconsistent therewith
(City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
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Roy Hanley, Deputy City Attorney, provided staff report and responded to questions from
Council. Lengthy discussion ensued on the regulation and placement of newsracks. Steve
DeCamp added that the City's ordinances are currently silent on that type of regulation, but
staff intends to bring an encroachment ordinance to the City Council for consideration in
about a month which will address private use of the public right-of-way.
Public Comment
Rush Kolemaine expressed support for the stronger and clearer wording in the 2"d proposed
version of the Ordinance No. 321 but supports the rationale and wording in the 1St version.
He conveyed his observations with regulation of this type, based on past experience.
Should the Council opt for approval of the 1 t version, he suggested that wording be added
to Sec. 4 (2): "...and can be subject to removal at the order of [designated City authority]".
Roy Hanley responded that he would not recommend including a provision for direct
removal of a newsrack without a prior judicial determination, citing First Amendment rights
and the issue of "prior restraint" when dealing with movies, newspapers, etc.
Bill Zimmerman, 6225 Lomitas, thanked the City Attorney for bringing this ordinance
forward and urged the Council to move ahead before there is a problem in Atascadero.
Eric Greening agreed with the previous speaker and urged that the 1" version of the
proposed ordinance be adopted. He's glad that the issue of encroachment on sidewalks
will be reviewed soon. He suggested that the issue of adopting a standard for the outdoor
display of printed materials to prevent it from becoming litter be addressed.
Motion: By Councilman Clay, Y seconded b Councilman Luna, to waive the
reading of Ordinance No. 321 in full and introduce it on first reading,
by title only, including amending the proposed penalty section (Sec.
4(3)) to specify fines not to exceed $100 for a first violation, $200
for a second violation and $500 for each additional violation within
one year. Motion passed by 5:0 roll-call vote.
C. REGULAR BUSINESS:
1. SERVICE AND FUNDING LEVEL OPTIONS FOR THE ATASCADERO LAKE PAVILION
(Parks & Rec. Commission/Staff recommendation: Provide direction)
Brady Cherry provided staff report, and lengthy discussion with Council ensued.
Public Comment
Bill Zimmerman supported the use of the Pavilion as a community center/social hall and
encouraged that it remain available and affordable to community groups.
Council consensus was to return this item to staff and bring the subject back for a
special study session.
• Brady Cherry will bring back specific recommendations based on the social hall concept in
terms of fees and policies. He publicly commended Geoff English for his work on preparing
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the background material for staff's report and for his management of the Pavilion on a very
tight budget.
2. DISCUSSION REGARDING METHOD OF SELECTION OF CITY BOARD &
COMMISSION MEMBERS
(Staff recommendation: Provide direction)
Andy Takata provided staff report. He noted the ramifications of Proposition 208, which,
following their appointment, prohibits a member of an advisory body from contributing to or
soliciting a contribution from the appointing person(s). Roy Hanley noted that the City
Clerk has requested the FPPC's interpretation of the legislation, which will be provided to
the City Council once received. He derived his interpretation from the League of CA Cities
and doesn't expect it to differ from that of the FPPC.
Public Comment
Robert Nimmo, 7375 Bella Vista, addressed his comments relative to the Planning
Commission. He feels that, as the one advisory body which most directly affects the lives
and pocketbooks of the applicants who appear before it, the commission should reflect the
philosophical make-up of the Council which appoints it. He urged the Council to think
seriously about a procedure by which each Councilmember appoints a member to the
Planning Commission with a term to run concurrently with the appointing council member,
whether or not at-large members are included. •
Council consensus was to restructure the method of appointment to provide for
direct appointments by the City Council and appointed terms to run concurrent with
their elective terms.
3. RESOLUTION NO. 10-97 - Approving Interim City Manager contract
(Staff recommendation: Adopt)
Andy Takata provided staff report. He indicated that staff contacted the League of CA
Cities, Public Service Skills, for prospective interim candidates. He received a list of three
plus some other individuals had submitted resumes and letters of interest. One of the
League prospects is out of the country and out of contact. Mayor Johnson reported that,
as the appointed subcommittee, he and Councilman Carden had done telephone and/or
face-to-face interviews (see his memo, Exh. B, attached). Council discussion ensued on
how to proceed with an interim appointment. The importance of a smooth transition period
for the interim City Manager with the outgoing was noted.
Public Comment
Eric Greening encouraged that the public be informed of any information that is conceivably
available. He spoke in support of the open interview process.
Motion: By Councilman Carden, seconded by Councilman Clay, to approve the
recommendation of the ad hoc committee to enter into negotiations •
with Bob Grogan to provide Interim City Manager services and adjourn
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Page 6
to a Special Session for contract negotiation and approval. Motion
passed by 4:1 roll-call, with Councilman Luna opposed.
By consensus, a Special Session was scheduled for Monday, February 3, 1997, 3:00 p.m.
to negotiate the contract and formalize the appointment.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group - Mayor Johnson reported there was a meeting today
in Morro Bay. One item of discussion was that the CHP is now charging cities for
DUI stops within the cities' jurisdictions. Acting Police Chief Watton added that the
charges are being pulled from the City's portion of the property tax, so the City
doesn't receive a bill nor an accounting of who and where the stops occur in order
to verify them. The Police Chiefs, Mayors and City Managers groups are working
within the county to develop an accounting procedure. Mayor Johnson said he will
bring the issue up with Senator O'Connell and Assemblyman Bordonaro, as well,
and he invited any input from other members of the Council for discussion with
those legislators who are scheduled to meet with the mayors group in February.
The Mayor noted other topics of discussion for that meeting.
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman
Carden reported that two Atascadero requests for funding will be coming to the
. COG, 5100,000 for a Hwy. 41/Hwy. 101 Interchange drainage project and $3,000
for a local project study. He expects the tenor of the meeting to be somewhat
political because money will,be being reallocated from several cities which have not
advanced their projects. He asked for Council input on whether government should
be involved in regulating electricity. The general feeling was that government
should not regulate in that area, but it was noted that more information would be
needed to formulate an educated opinion.
3. City/School Committee - Councilman Lerno reported that this group met last week,
at which Rolfe Nelson expressed appreciation to the City and the Police Dept. for
assistance in supervising the drug-free zone. There was an update about fundrais-
ing for the high school pool. There was discussion about the City, County and
community combining efforts to build a north county 50-meter swimming pool.
Routes to school were also discussed.
4. Economic Round Table - Mayor Johnson reported that the ERT met last week and
received an update from Cuesta College on their selected north county site. As
information, the Mayor noted that the Economic Vitality Corporation met this week
for an organization briefing.
5. Air Pollution Control District - Councilman Clay reported that the APCD has moved
to 3433 Roberto Ct. in San Luis Obispo, which they purchased for $500,000. At
the last meeting, the APCD put on a program to summarize what they do. Hal
Carden commented that the APCD will likely soon have a request for funding the
• Rideshare Program, which he hopes is supported by the APCD. The state may not
be funding Rideshare fully, as in the past, therefore SLOCOG will be requesting
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Page 7
around $30,000 of transfer from the APCD to fund it, since it is a pollution-
reduction method and a congestion management issue.
6. Integrated Waste Management Authority - Councilman Luna announced that he
received a fax conveying that Bill Worrell had been in an auto accident. Andy
Takata will look into it.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Luna referred to staff direction regarding make-up of the City's
advisory bodies (Item C-2) and said he would like the option of no reduction in the number
of members to come back for consideration.
Mayor Johnson conveyed that he is meeting informally with the various department
employees and expressing appreciation to them, as well as answering any questions or
concerns they may have.
Ken Lerno reported he is learning a lot as a new Council member. He asked about the
status of a franchise tax for the water company. Roy Hanley responded he can have a
report for the next regular meeting. He also inquired about the status of the reclaimed
water extraction well project on the golf course. Brady Cherry responded that staff has
been negotiating with the county on the price for the reclaimed water. Roy Hanley made
added comments concerning the establishment of a market price on the water.
Councilman Carden reiterated that Council had asked for a Rideshare study awhile back.
Brady Cherry responded that a report, funded by SLOCOG, is being developed now by a
transportation consultant (Nelson-Nygaard).
Motion: By Councilman Luna, seconded by Councilman Clay to continue the
meeting past 11:00 p.m. Motion passed unanimously.
Councilman Luna conveyed that, since the Planning Commission agendas are not being
mailed, perhaps they could be provided with keys to the building. Andy Takata responded
that keys were offered as an option and he had informed the Acting Community Develop-
ment Director, so he will reiterate same to him.
Councilman Lerno asked for a round table of local contractors and the Planning/Building
Departments to be agendized. Andy Takata responded that there was formerly an ad hoc
committee of building & planning representatives, including a council member, which may
need to be reactivated. It will be brought back on the next agenda for discussion.
THE MEETING ADJOURNED AT 11:0 1 P.M. TO
A SPECIAL MEETING ON MONDAY, FEBRUARY 3, 3.00 P.M.
MINUTES RECORDED BY: PREPARED BY:
MARCIA M. TORGERSON, City Clerk CINDY L. HOL N, Deputy City Clerk
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Minutes - Exhibit "B"
City Council, 1/28/97
Memorandum for City Council January 28, 1997 •
From: Ray Johnson, Mayor
Subj: Interim City Manager Search Summary
Hal Carden and I have interviewed three potential candidates for the
interim city council position. Andy will discuss how we came up
with the names.
In addition, I was called by Wayne Estelle who offered to be our
interim city manager for one dollar a month. He is a retire prison
warden (Men's Colony) but has no municipal background, and has not
served in any interim capacity before. Additionally, he would not be
available much beyond three months, due to prison consulting
business commitments.
In reviewing the list, we looked at those who had experience,
understood the issues facing a city, could keep a firm hand on our
finances, could work well with our people and could be helpful in
guiding the council through the process of hiring the next full time
manager.
Our conclusion is that Bob Grogan, who lives in Santa Maria, has the .
back ground, experience and skills we need to keep the city
functioning well during the intervening time. He was the City
Manager in Santa Maria from 1963 to 1989. He has been the
president of the League of Cities City Manager's Executive Committee.
He has served two cities as interim city manager, and helped other
cities as the regional rep for the LOCC. He would not require housing
support and would work for the amount we currently pay our city
manager. (Pay & allowances.)
Earl Wilson, Jr. of Rio Dell, has city manager experience in smaller
cities, but has never served as an interim city manager. He has
served as an interim financial manager for a city. He also would
work for similar fees but would require temporary housing. (E.g. cost
more.)
The third candidate had been a city manager of a smaller cities (2)
and had city administrator experience in a couple of cities. He has
served as interim director of a redevelopment agency. His
experience appears weak given our requirements.
Ray Johnson
REPORT TO CITY COUNCIL AGENDA ITEM: A-2
CITY OF ATASCADERO
Through: Rudy Hernandez, City Treasurer Meeting Date: 4-8-97
From: Rachelle Rickard, Accountant
SUBJECT: Treasurer's Report-January, 1997
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, January, 1997
•
000001
CITY OFATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF JANUARY 1997(UNA UDITED)
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
January 1, 1997 $ 1,130,189 $ 6,435,713 $ 691,519 $ 8,257,421
Receipts 685,396 63,124 4,516 753,036
Disbursements (1,085,058) (58,975) (1,144,033)
Transfers In 99,000 99,000
Transfers Out (99,000) (99,000)
Adjustments to Prior Months (148,470) (148,470)
Balance per Banks at
January 31, 1997 $ 829,527 $ 6,399,837 $ 488,590 7,717,954
Deposits in Transit 31,505
Outstanding Checks (167,598)
Adjusted Treasurer's Balance $ 7,581,861
CITY OF ATASCADERO
RUDY 19ERNANDEZ
City Treasurer
000002
CITY OFATASCADERO-JANUARY 1997
ALL FUNDS-GENERAL ACCOUNTANVESTMENT
PAGE 1 OF 2
RESERVED UNRESERVED
CASH(1) CASH(2) TOTALS
POOLED CASH
General Fund 2,395,109
Gas Tax Fund 122,112
Development Fee Fund 22,724
Donations Fund 3,669
AD#4 Reserve Fund 45,836
Zoo Enterprise Fund (32,704)
Camino Real Reserve Fund 13,294
92 Street Assessment Reserve Fund . 2
Payroll Trust Fund (57,651)
94 CDBG Fund 13,321
93 EDBG Fund 4,117
95 CDBG Fund 15
Dial-A-Ride Fund (55,162)
Wastewater Operations Fund 981,450
Lake Park Pavilion Fund (33,521)
Recreation Fund (63,290)
Tree Plant Fund 36,291
Tree Association Fund 25
Sidewalk Trust Fund 44,827
Police Donations Fund 913
COPS Fast Grant Fund (2,696)
Weed Abatement Fund 27,040
Supplemental Law Enforcement Fund 4,240
AD#3 Redemption Fund 9,994
AD#4 Redemption Fund 167,311
AD#5 Redemption Fund 57
Camino Real Redemption Fund (52,669)
92 Street Assessment Redemption Fund 64,496
AD#7 Fund (938)
89 COP Debt Service Fund 17,152
Capital Projects Fund (172,088)
Police Development Fees Fund (27,068)
Fire Development Fees Fund 81,434
Parks&Rec Development Fees Fund 106,526
Drainage Development Fees Fund 339,072
Amapoa-Tecorida Fees Fund 161,021
Public Works Development Fees Fund 551,076
Street Maintenance Districts Fund 47,663
TDA Non-Transit Fund 86,462
Sewer Facilities Fund 2,156,970
Camino Real Construction Fund 16,521
Las Encinas Construction Fund 5,605
3-F Meadows Construction Fund 4,443
Santa Rosa AD#7 Fund 60,272
Total Pooled Cash 248,523 6,844,748 7,093,271.00
000003
CITY OFATASCADERO-JANUARY 1997
ALL FUNDS-GENERAL ACCOUNT/INVESTMENT
PAGE 2OF2
RESERVED UNRESERVED
CASH(1) CASH(2) TOTALS
CASH WITH FISCAL AGENT
Camino Real Reserve Fund 205,872
92 Street Assessment Reserve Fund 49,732
Wastewater Operations Fund 36,202
Camino Real Redemption Fund 80
92 Street Assessment Redemption Fund 36
89 COP Debt Service Fund 196,668
Total Cash With Fiscal Agent 488,590 0 488,590
Total of All Cash 7,581,861
i
000004
INVESTMENTS
TME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
JANUARY, 1997
INTEREST
MIE DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund -Reg. (3) 5,372,061. 61,348.
Certificate of Deposits (see attached schedule) 1,027,776. 3,940.
TOTAL 6,399,837 118,103.
Mid-State Interest Received 1,779.
TOTAL INTEREST RECEIVED $119,882—(5)
Notes:
(1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) On July 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAM). The City must repay this amount including $56,841 interest
(4.75% per annum) on 6/25/97. Total repayment ($1,200,000+$56,841) is $1,256,841.
(4) January, 1997 interest yields were as follows:
Orange County Not available
LAW 5.69%
Mid-State 2.43%
(5) This is the actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes. Furthermore,
with the exception of the Orange County Investment Pool, interest earnings are reported
on a calendar year basis.
(6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The
City recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The
City is attempting to recover the principal plus interest through a lawsuit filed against the
OCIP. The interest received above is post-petition interest for the period from December
1, 1994 through July 20, 1995. 000005
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
JANUARY 31, 1997
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 12/19/96 6/19/97 5.00% $ 36,776. $153.23
Atascadero, CA
2.Union Bank 12/26/96 6/26/97 5.00% $ 99,000. $153.23
Atascadero, CA
3. Great Western, 12/28/96 6/28/97 4.98% . $100,000. $415.00
San Luis Obispo
4. Bank of Santa Maria 1/27/97 7/24/97 5.01% $ 99,000. $413.33
Templeton, CA
5. Bank of America 1/31/97 7/30/97 4.40% $ 99,000. $363.00
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $ 99,000. $423.23
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $ 99,000. $371.25
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $ 99,000. $427.35
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $ 99,000. $391.88
San Luis Obispo, CA
10.First Bank& Trust 8/30/96 2/26/97 5.15% $ 99,000. $424.88
Santa Maria, CA
11.First Valley Bank 9/9/96 3/6/97 4.90% $ 99,000. $404.25
Santa Maria, CA
TOTAL S 1.027.776. $3.940.63
000006
REPORT TO CITY COUNCIL AGENDA ITEM: A-3
CITY OF ATASCADERO
Through: Rudy Hernandez, City Treasurer Meeting Date: 4-8-97
From: Rachelle Rickard, Accountant
SUBJECT: Treasurer's Report - February, 1997
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, February, 1997
00000'7
CITY OFATASCADERO
TREASURER'S REPORT
s
FOR THE MONTH OF FEBRUARY 1997(UNAUDITED)
CHEC%ING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
February 1, 1997 $ 829,527 $ 6,399,837 $ 488,590 $ 7,717,954
Receipts 751,338 1,868 753,206
Disbursements (577,962) (577,962)
Transfers In 74,941 74,941
Transfers Out (74,941) (74,941)
Balance per Banks at
February 28, 1997 $ 927,962 $ 6,399,837 $ 565,399 7,893,198
Deposits in Transit 16,116
Outstanding Checks (311,592)
Adjusted Treasurer's Balance $ 7,597,722
CITY OF ATASCADERO
UDY HERNAN
urer
000008
CITYOFATASCADERO-FEBRUARY 1997
ALL FUNDS- GENERAL A CCO UNTAN"VESTMENT
• PAGE 1 OF 2
RESERVED UNRESERVED
CASH(l) CASH(2) TOTALS
POOLED CASH
General Fund 2,376,600
Gas Taal Fund 84,540
Development Fee Fund 39,270
Donations Fund 2,458
AD#4 Reserve Fund 45,836
Zoo Enterprise Fund (45,068)
Camino Real Reserve Fund 13,294
92 Street Assessment Reserve Fund 2
Payroll Trust Fund (40,652)
94 CDBG Fund 13,321
93 EDBG Fund (126)
95 CDBG Fund 15
Dial-A-Ride Fund 24,438
Wastewater Operations Fund 936,164
Lake Park Pavilion Fund (30,632)
Recreation Fund (54,441)
Tree Plant Fund 36,291
Tree Association Fund 23
Sidewalk Trust Fund 44,827
Police Donations Fund 913
COPS Fast Grant Fund (683)
Weed Abatement Fund 28,580
Supplemental Law Enforcement Fund 1,808
AD#3 Redemption Fund 9,994
AD#4 Redemption Fund 140,777
AD#5 Redemption Fund 57
Camino Real Redemption Fund (110,121)
92 Street Assessment Redemption Fund 46,705
AD#7 Fund (978)
89 COP Debt Service Fund 17,152
Capital Projects Fund (187,677)
Police Development Fees Fund (27,068)
Fire Development Fees Fund 81,240
Parks&Rec Development Fees Fund 106,526
Drainage Development Fees Fund 339,072
Amapoa-Tecorida Fees Fund 164,111
Public Works Development Fees Fund 549,876
Street Maintenance Districts Fund 47,354
TDA Non-Transit Fund 121,729
Sewer Facilities Fund 21169,969
Camino Real Construction Fund 16,507
Las Encinas Construction Fund 5,605
3-F Meadows Construction Fund 4,443
Santa Rosa AD#7 Fund 60,272
Total Pooled Cash 146,706 6,885,617 7,032,323.00
000009
CITY OFATASCADERO-FEBRUARY 1997
ALL FUNDS- GENERAL ACCO UNTIINVESTMENT
PAGE 2OF2
RESERVED UNRESERVED
CASH(I) CASH(2) TOTALS
CASH WITH FISCAL AGENT
Camino Real Reserve Fund 206,718
92 Street Assessment Reserve Fund 49,936
Wastewater Operations Fund 36,202
Camino Real Redemption Fund 57,533
92 Street Assessment Redemption Fund 17,525
89 COP Debt Service Fund 197,485
Total Cash With Fiscal Agent 565,399 0 565,399
Total of All Cash 7,597,722
000010
INVESTMENTS
Is TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
FEBRUARY 1997
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund -Reg. (3) 5,372,061. 61,348.
Certificate of Deposits (see attached schedule) 1,027,776. 7,892.
TOTAL 6,399,837 122,055.
Mid-State Interest Received 3,475.
TOTAL INTEREST RECEIVED 125 530. (5)
Notes:
• 1 Reserved Fund Cash is specified for Ci debt service.
( ) p City
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) On July 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note (TRAN). The City must repay this amount including $56,841 interest
(4.75%per annum) on 6/25/97. Total repayment($1,200,000+ $56,841) is $1,256,841.
(4) February 1997 interest yields were as follows:
Orange County Not available
LAIF 5.69%
Mid-State 2.43%
(5) This is the actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes. Furthermore,
with the exception of the Orange County Investment Pool, interest earnings are reported
on a calendar year basis.
(6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The
City recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The
City is attempting to recover the principal plus interest through a lawsuit filed against the
OCIP. The interest received above is post-petition interest for the period from December
1, 1994 through July 20, 1995.
000011
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
FEBRUARY 28,1997
PURCHASE MATURITY YIELD YTD
BANK DATE DATE RATE AMOUNT INTEREST
Santa Lucia Bank
Atascadero, Ca 12/19/96 6/19/97 5.00% $ 36,776.00 $ 306.46
Union Bank
Atascadero,Ca 12/26/96 6/26/97 5.00% $ 99,000.00 $ 306.46
Great Western Bank
Atascadero, Ca 12/28/96 6/28/97 4.98% $ 100,000.00 $ 830.00
Bank of Santa Maria
Templeton, Ca 1/27/97 7/24/97 5.01% $ 99,000.00 $ 826.66
Bank of America
Atascadero, Ca 1/31/97 7/30/97 4.40% $ 99,000.00 $ 726.00
Los Padres Savings
Santa Maria, Ca 2/13/97 8/12/97 5.00% $ 99,000.00 $ 835.73
Wells Fargo Bank
Santa Maria,Ca 2/22/97 8/22/97 4.50% $ 99,000.00 $ 742.50
First Bank of SLO
San Luis Obispo, Ca 2/19/97 8/19/97 5.40% $ 99,000.00 $ 827.85
ValliWide Bank
San Luis Obispo, Ca 2/23/97 8/23/97 5.00% $ 99,000.00 $ 804.38
First Bank&Trust
Santa Maria,CA 2/26/97 7/26/97 5.48% $ 99,000.00 $ 876.98
First Valley Bank
Santa Maria, CA 9/9/96 3/6/97 4.90% $ 99,000.00 $ 808.50
TOTAL $ 1,027,776.00 $ 7,891.52
000012
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-4
Through: Robert F. Grogan Meeting Date: 04/08/97
Interim City Manager
File Number: TTM 95001
Via: Steven L. DeCamp
Acting Community Development Director
From: Gary Kaiser, Associate Planner Gpm,y
SUBJECT:
Consideration of Final Tract Map #95001 to divide two (2) existing
parcels into five (5) lots of one-half acre each (net) for single
family residential use. Subject site is located at 8805 Atascadero
Avenue.
RECOMMENDATION:
Accept Final Tract Map #95001.
BACKGROUND:
On October 10, 1995, the City Council considered the above-
referenced map on their Consent Calendar. The City Council
approved Tentative Tract Map 95001 and the requested Subdivision
Exception relative to right-of-way width based on the Planning
Commission' s recommendation and the Findings and Revised Conditions
of Approval. All conditions have now been met by the applicant and
the Final Map is ready to record.
Ph\
Attachment: Location Map
cc: Robert Fisher
Harry Burton
Wilson Land Surveys
0000 .3.
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-5
Through: Robert F. Grogan Meeting Date: 04/08/97
Interim City Manager
File Number: TPM 96015
Via. Steven L. DeCam
P
Acting Community Development Director
From: Gary Kaiser, Associate Planner6o..,_,
SUBJECT:
Consideration of a tentative parcel map application for the
creation of five (5) airspace condominium units within three ( 3)
industrial buildings currently under construction. Subject site is
located at 5075 Traffic Way. (Kelly Gearhart/Cannon Associates)
RECOMMENDATION•
Approve Tentative Parcel Map 96015 in accordance with the Planning
Commission' s recommendation.
BACKGROUND:
The Planning Commission conducted a public hearing on the above-
referenced tentative parcel map request on March 18, 1997 . After
discussion (see attached minutes excerpts) , the Planning Commission
voted unanimously to approve Tentative Parcel Map 96015 in
accordance with the Findings and Conditions of Approval contained
in the staff report, dated March 18, 1997 .
/ph
Attachments : Planning Commission Staff Report - March 18, 1997
Minutes Excerpts - March 18, 1997
000015
CITY OF ATASCADERO Item: B . 2
STAFF REPORT
FOR: Planning Commission Meeting Date: March 18, 1997
BY: Gary Kaiser, Associate Planner C-1d^1 File No: TPM #96015
SUBJECT:
Consideration of a tentative parcel map application for the
creation of five (5) airspace condominium units within three (3)
industrial buildings currently under construction.
RECOMMENDATION:
Staff recommends approval of Tentative Parcel Map #96015 based on
the Findings contained in Attachment E and the Conditions of
Approval contained in Attachment F.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . .Kelly Gearhart
2. Representative. . . . . . .. . . . . . . . . . . . . . .Cannon Associates
3. Project Address. . . . . . . . . . . . . . . . . . . . .5075 Traffic Way
4. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . .approx. 1.2 acres
5. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Industrial (I )
6. General Plan Designation. . . . . . . . . . . .Industrial
7. Environmental Status. . . . . . . . . . . . . . . .Categorically Exempt
B. ANALYSIS•
The subject site is located on the east side of Traffic Way,
approximately 700 feet north of its junction with Via Avenue
(Attachments A & B) . The Planning Commission may recall
approving a Conditional Use Permit (CUP) at this location for
three (3) industrial buildings, two (2) of 3,520 square feet and
one ( 1) of 9,640 square feet (CUP #95009) . Since approval of
that CUP, building permits have been issued and construction of
the project is now well underway. The current proposal is a
request to change only the ownership pattern within this approved
project, from rental units to individually-owned airspace
condominium units.
1
000016
As the tentative map shows (Attachment B) , each of the two (2)
smaller buildings would consist of two (2) separate airspace
units, with the airspace within the larger building kept under a
single ownership. With the possible exception of future interior
tenant improvements, however, all site improvements (building
exteriors, parking areas, landscaping, utilities, etc. ) would be
owned and maintained in common.
Environmental Review
A Negative Declaration was adopted in connection with CUP #95009
which covered the physical development of the site. Compliance
with that Negative Declaration and all development standards,
codes and ordinances of the City was determined during CUP
approval (Attachment C) and confirmed upon building permit
issuance.
The condominium plan now proposed is categorically exempt from
the requirements of the California Environmental Quality Act
(State CEQA Guidelines Section 15301(0) ) .
CONCLUSIONS•
The current proposal would not affect the range of allowable uses
on the site, nor would it result in a physical change in the
project previously approved by CUP and soon to be completed.
Staff is not aware of how the current proposal could have
negative effects. On the other hand, individual ownership of
interior units and common ownership of remaining portions of the
site would have at least two positive outcomes. First, it would
promote a heightened sense of pride for the center by making it
possible for individual tenants to actually own their respective
unit as well as a share in the entire center. Second, the
proposal would strengthen provisions for site maintenance through
recordation of Covenants, Conditions and Restrictions (CC&Rs) .
For these reasons, staff fully supports the proposal.
ATTACHMENTS:
Attachment A -- Location Map (General Plan)
Attachment B -- Location Map (Zoning)
Attachment C --Tentative Tract Map
Attachment D -- Staff Report for CUP #95009
Attachment E -- Findings for Approval
Attachment F -- Conditions of Approval
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. ATTACHMENT D
STAFF REPORT FOR CUP
TPM #96015
CITY OF ATASCADERO
STAFF REPORT
FOR: Planning Commission Meeting Date: February 6, 1996
BY: Gary Kaiser, Associate Planner GA4?-1 File No: CUP #95009
SUBJECT:
Consideration of a conditional use permit application to
establish a three-building industrial complex.
RECOMMENDATION:
Staff recommends:
1. That the Negative Declaration prepared for the project be
found adequate under the requirements of California' s
Environmental Quality Act (CEQA) ; and
2. That Conditional Use Permit #95009 be approved based on the
Findings contained in Attachment J and subject to the
Conditions of Approval contained in Attachment K.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . . ..Kelly Gearhart
2. Project Address. . . . . . . . . . . . . . . .5075 Traffic Way
3. Site Area. . . . . . . . . . . . . . . . . . . . . . 1.58 acres
4. General Plan/zoning. . . . . . . . . . . .Industrial
5. Existing Use. . . . . . . . . . . . . . . . . . .Vacant
6. Environmental Status. . . . . . . . . . .Draft Negative Declaration
posted January 16, 1996
B. ANALYSIS•
The applicant proposes to construct three (3) industrial
buildings totalling 16,680 square feet at 5075 Traffic Way
(Attachments A & B) . Two of the proposed buildings would be
3,520 square feet and the third building, to be occupied by a
single tenant, would be 91640 square feet (Attachments C & D) .
A common parking lot is proposed which also serves as a detention
basin (Attachments E, F & G) . Conditional use permit approval is
required because of the combined square footage of the proposed
buildings, not because conditionally allowed uses are proposed.
1 II
000021L
Lot Configuration
In addition to site location, Attachments A & B show the current
configuration of the two lots that comprise the project site.
However, a Lot Line Adjustment (LLA #96002) has been approved by
staff which frees proposed buildings from interior property lines
and thereby eliminates the need for reciprocal easements for
access, utilities and drainage (Attachment H) .
Site Design
The larger of the three (3) buildings is L-shaped with a
storefront and roll-up door facing the common parking lot.
Another roll-up door would provide access to an outdoor storage
area between the building and the southerly property line. This
outdoor storage area would be screened from public view by a
chain link fence with vinyl slats. The smaller two buildings
would also have roll-up doors and storefronts facing the common
parking lot, but would not have outdoor use areas.
The parking lot seems like a rather large expanse of asphalt and,
in fact, may not strictly satisfy the zoning standard that ten
percent ( 10%) of its interior be dedicated to landscaping. It is
important to note, however, that this landscape standard
generically applies to all parking lots regardless of use.
Certainly, such interior landscaping is more important (and
perhaps insufficient) where the parking lot serves residential,
office or retail uses in a residential, office or retail area.
Although the 10% standard could easily be met by adding a
landscaped island in the center of the parking lot, staff
recommends ( 1) additional landscaping iplant several trees
P g ( .e. .
and/or large shrubs north of the two smaller buildings 1 Ings and (2)
creation of a raised berm for proposed landscaping along Traffic
Way instead. In addition to screening much of the parking lot
from the view of those passing by the site, a raised berm would
also hide gas meters, trash enclosures and an electrical
transformer from public view. Such a trade-off would result in
an equal or greater level of aesthetic enhancement without
compromising maneuverability within the parking lot for the large
vehicles expected to be frequenting the site for pick-ups and
deliveries. In summary, additional landscaping within the
parking lot would seem counterproductive to the use in this
particular case.
Parking
As is often the case with non-residential developments such as
this, individual tenants who will eventually occupy the site are
yet to be known. Using generic Zoning Ordinance standards as a
guide, staff calculates that twenty-two (22) spaces ought to be
provided one of which is handicapped accessible.
2
00002112
• The applicant' s plans show twenty-three (23) standard-sized
parking spaces (if roll-up doors count for one space each as they
usually do) but do not include handicapped parking. It is
therefore recommended that two of the twenty-three (23) spaces
proposed be converted into one handicapped accessible space.
With this minor change, the proposed parking lot would comply
with parking lot construction standards and would work well from
a circulation and fire protection standpoint.
Architecture
Architectural elevations of the proposed buildings are contained
in Attachment C. A color board has been presented which will be
circulated amongst the Commission during the hearing. Basically,
metal roof and wall panels would be beige, with gutters, fascias
and trim a dark bronze. Roll-up doors and man doors would be a
dark green and the cement plaster bands -at the base of each
building would be a light tan. Colors have not been specified
for the proposed canvas awnings over each of the storefronts.
When application materials were originally received, the proposed
metal buildings did not include cement plaster bases, roof over-
hangs or awnings. The applicant agreed to add these items and
agrees to work with staff in selecting an appropriate awning
color. In selecting awning color(s) , staff would avoid dark
green as not to conflict with identity efforts being undertaken
downtown. Since awning color must tie-in with building colors,
it may make since to avoid dark green on doors as well.
Signs
The applicant has chosen not to provide a "sign package" as part
of this application. All signs (a monument sign and wall signs
for individual tenants) must therefore conform to Sign Ordinance
criteria with respect to size, design and placement.
CONCLUSIONS•
The Commission recognizes the need for industrial growth and is
aware of General Plan policies that promote development of the
City' s industrial areas. Not to imply carte blanc approval for
anything industrial, other policies require new development to be
well-planned, responsible and high-quality.
Upon completion of the project, this section of Traffic Way would
be improved to its full width (with sidewalks on both sides) as
the applicant has already completed such improvements on the
other side of Traffic Way in conjunction with the construction of
two single family residences. These street improvements are
considered a community benefit with regard to both appearance and
safety.
3
000023
f
The proposed project would achieve the goals of the General Plan
and satisfy all applicable Zoning requirements. The project
would "fit in" very well with other existing and planned uses in
the project vicinity and is well-planned indeed.
ATTACHMENTS:
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C - Building Elevations
Attachment D - Floor Plans
Attachment E - Landscape Plan
Attachment F —Preliminary Grading & Drainage Plan
Attachment G - Preliminary Utility Plan
Attachment H - Tentative Lot Line Adjustment Ma
7 P
Attachment I - Negative Declaration
Attachment J - Findings for Approval
Attachment K - Conditions of Approval
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ATTACHMENT F
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CITY 0" ATASCADERO COUP LINE
095009ADJUSTMENT MAP
COMMUNITY DEVELOPMENT
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000032
ATTACHMENT I
IVE
.�1 CITY Q~ATASCADERO CUPA#9500gECLARATION
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COMMUNITY DEVELOPMENT
. .. DEPARTMENT
CITY OF ATASCADERO
ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
COMM JNM DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO,CA 93422 (805)461-5035
APPLICANT: -KELL j 6GV Z�4p�e
0660 t-IAQA-ToPt WJE.
Aim-�Ds -o.) CA 93422
PROJECT TITLE: Cc -1b i-6�001L %3 S F WZM i i 4--'?S700;;-
PROJECT
--'?SopPROJECT LOCATION: 5c:>-79 -MA-R--�c .W A
PROJECT DESCRIPTION: -SA?-e 8v l L-D t N Com, t���ST1?✓-K�-t`, CS"PLE-R,
FINDINGS:
I. 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 goals.
3. The project does not haw impacts which are Individually limited.but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERAMATION:
Based on 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 impact on the environment-
STi�lb'Tt L. Ds<Cn�c�1p� c.�Z-� ��rINER-
Date Posted:
• Date Adopted:
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.000033 F
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ATTACHMENT J - Findings for Approval
Conditional Use Permit #95009
5075 Traffic Way (Gearhart)
February 6, 1996
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
FINDINGS:
1. The proposed project, as conditioned, is consistent with the
General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance.
3. The establishment, and subsequent operation and conduct of
the use will not, because of circumstances and conditions
applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be •
detrimental or injurious to property or improvements in the
vicinity of the use.
4 . The proposed project will not be inconsistent with the
character of the immediate neighborhood or contrary to its
orderly development.
5. The proposed project, as conditioned, will not generate a
volume of traffic beyond the safe capacity of all roads
providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the
normal traffic volume of the surrounding neighborhood that
would result from full development in accordance with the
Land Use Element.
6. The proposed project, as conditioned, is consistent with the
City' s Appearance Review Guidelines.
CUP95009.fin
Q00034
ATTACHMENT R - Revised Conditions of Approval
Conditional Use Permit #95009
5075 Traffic Way (Gearhart)
Revised by Planning Commission during February 6, 1996 hearing
CONDITIONS OF APPROVAL:
1. This Conditional Use Permit approval allows the development
of a three-building industrial complex with 16,680 square
feet of gross floor area and appurtenant parking,
landscaping and other related site improvements. All site
development shall be in conformance with Attachments C
through H, this Attachment (Conditions of Approval) and all
applicable provisions of the Atascadero Municipal Code. Any
substantial modification of the project shall require
approval of the Planning Commission. . .
Engineering Conditions
2. All improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
. 3. The applicant shall enter into a Plan Check/Inspection
Agreement with the City. Prior to the final building
inspection, all outstanding plan check/inspection fees shall
be paid.
4. An encroachment permit shall be obtained from the City
Engineering Department prior to the start of construction.
5. All improvements within the right-of-way shall be covered
with a 100% Performance Guarantee and a 50% Labor and
Materials Guarantee until the improvements are deemed
substantially complete by the City Engineer. Prior to the
final inspection of the improvements, and before the other
guarantees mentioned in this condition are released, a 10%
Maintenance Guarantee shall be posted to cover the
improvements for a period of 1 year from the date of the
final inspection. The guarantee amounts shall be based on
an engineer' s estimate submitted by the project engineer and
approved by the City Engineer. The estimate shall be based
on City standard unit prices. The Guarantees posted for
this project shall be approved by the City Attorney.
6. The relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
7. Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
(Page 1 of 3)
000035
8. Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to issuance of the Conditional Use
Permit. Road improvement plans shall conform to the
requirements of the City Standard Specifications, Section
2 - Preparation of Plans. R-value testing shall be done,
and the pavement section designed by a registered civil
engineer to the satisfaction of the City Engineer. Road
improvements shall include, but not be limited to the
following:
a. Traffic Way shall be improved from centerline to the
property frontage in conformance with City Standard 406
(Collector) contiguous to the entire property frontage,
or as approved by the City Engineer. Transitions shall
be constructed where required to achieve a smooth join
with existing improvements.
9. Storm water run-off which emanates from the site shall be
detained in conformance with City Standard 5.06.G. Run-off
shall be discharged at the northwest corner of the site
(Traffic Way) , or as approved by the City Engineer.
10. A Mylar copy and a blue line print of the as-built
improvement plans, signed by the registered engineer who
prepared the plans, shall be provided to the City Engineer
prior to the final inspection.
11. All public improvement work shall be completed prior to
final building inspections.
Planning Conditions
12. All aspects of the project shall be subject to the review
and approvals necessary to secure and final building
permits. Any additional information deemed necessary during
the building permit/inspection process shall be provided.
13. Building permit plans shall include details for a stucco-
coated masonry wall around solid waste collection areas.
Said trash enclosures shall be architecturally compatible
with the buildings. All exterior storage areas shall be
contained within a solid wall or fence.
14. All above ground utility devices and mechanical equipment
shall be suitably screened from public view, as approved by
the City Planner.
15. A raised earthen berm shall be constructed and landscaped
between proposed improvements and Traffic Way. Landscape
and irrigation plans shall also be expanded to include trees
and/or large shrubs on the existing slope north of proposed
Building A.
(Page 2 of 3)
0600u6
•
16. This Conditional Use Permit approval shall expire one (1)
year from the date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2.114 of the Zoning Ordinance; or
b. The project is completed, as defined in Section 9-2.115
of the Zoning Ordinance; or
C. An extension has been granted, as defined in Section 9-
2.118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
CUP95009.co2 (Page 3 of 3)
000037
ATTACHMENT E - Findings for Approval
Tentative Parcel Map #96015
5075 Traffic Way (Gearhart/Cannon Associates)
March 18, 1997
ENVIRONMENTAL FINDING:
The proposed project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) .
MAP FINDINGS:
1. The proposed subdivision is consistent with applicable
General and Specific Plans.
2. The design and/or improvement of the proposed subdivision 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.
c:\data\wp\map\tpm96015.fin
000038
ATTACHMENT F - Conditions of Approval
Tentative Parcel Map #96015
5075 Traffic Way (Gearhart/Cannon Associates)
March 18, 1997
CONDITIONS OF APPROVAL:
1. All site development shall conform to Conditional Use Permit
#95009. No physical modifications of said approval shall
occur without prior review and approval by the Community
Development Department.
2. In the event that tenant improvements require the separation
of units 1 & 2 and/or units 3 & 4, such separation shall be
accomplished through the use of a one-hour rated occupancy
separation wall as described in the 1994 Uniform Building Code
(UBC) .
Engineering Department Conditions
3. All public improvements required by the conditions of approval
for Conditional Use Permit #95009 shall be completed, or
bonded for, prior to recordation of the parcel map. If the
improvements are to be bonded, the applicant shall enter into
a subdivision agreement with the City.
4. All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the parcel map.
If there are building or other restrictions related to the
easements, they shall be noted on the parcel map.
5. A black line clear Mylar (0.4 mil) copy and a blue line print
of the parcel map shall be provided to the City upon
recordation.
6. A parcel map in substantial conformance with the approved
tentative map and in compliance with all conditions set forth
in the City of Atascadero Subdivision Ordinance and the
Subdivision Map Act shall be submitted to the City Engineer
for approval. The parcel map shall be signed by the City
Engineer prior to it being placed on the agenda for City
Council approval.
7. A condominium plan shall be submitted to the City Engineer for
review and approval prior to recordation of the parcel map.
8. Covenants, conditions and restrictions (CC&Rs) shall be
submitted to the City Attorney, the Community Development
Director and the City Engineer for review and approval prior
to recording the parcel map. The CC&Rs shall address
maintenance of Common Parcel 1, drainage facilities and all
other common facilities within the subdivision.
(Page 1 of 2)
000039
9. A preliminary subdivision guarantee shall be submitted for
review and approval by the City Engineer in conjunction with
the parcel map.
10. A preliminary title report, current within 6 months, shall be
submitted for review in conjunction with the parcel map.
11. 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.
c:\data\wp\map\tpm96015.con (Page 2 of 2)
000040
MINUTES EXCERPTS
anning Commission Meeting - March 18, 1997
P e Five of Eight
to notify the neighborhood and offer a forum to expre s
any neighborhood concerns that may have arisen during he
erationn -of the facility. Conditions of approval ould
be added or modified in order to adequately addr s any
pro ems. "
Discussion conti ed regarding Zoning Ordinance sign r uirements .
ACTION: That the gative Declaration prepared fo the project is
adequate un er the provisions of the Ca fornia Environ-
mental Quali Act.
Motion: Wallace
Second: Johnson
AYES: Wallace, Johns , Zimme an, Hageman
NOES: None
ABSENT: Sauter [Two seats va nt]
MOTION PASSED: 4:0
ACTIO N: Approve Condit' nal Use Perm* 97002 based on the
Findings for proval in Attachme L and the Conditions
of Approval n Attachment M, as mo ' fied.
Motion: Wal ace
Second: J nson
AYES: Wallace, Johnson, Zimmerman, Hageman
NOES: None
A ENT: Sauter[Two seats vacant]
MOTION PASSED: 4:0
e Chairman called a break at 7:55 p.m. - the meeting reconvene
at' 8:04 p.m.
B. 2 . TENTATIVE PARCEL MAP 96015 :
Consideration of an application filed by Kelly Gearhart
(Cannon Associates) for the creation of five (5) airspace
condominium units within three (3) industrial buildings
currently under construction. Subject site is located at
5075 Traffic Way.
000042
Planning Commission Meeting - March 18, 1997
Page Six of Eight
STAFF RECOMMENDATION: (Gary Kaiser)
Recommend approval of Tentative Parcel Map #96015 based on the
Findings contained in 'Attachment E and the Conditions of
Approval contained in Attachment F.
Gary Kaiser provided the staff report.
TESTIMONY•
William J. Vetter III, 5785 Rosario - wanted to know what the
buildings were for and what types of businesses could go in there.
Gary explained that staff did not know what tenants would be going
in to the buildings; that they would be available for light manu-
facturing, for repair service, commercial service or industrial-
type uses . Commissioner Johnson stated that the use of the
buildings would have to conform to the zoning that is approved for
that area and explained that staff could provide him with a copy of
the allowed uses in the Industrial Zone.
Mrs . William Vetter, Jr, 5785 Rosario - stated that she was also
. concerned with the project; she thought two more buildings were
being constructed. Chairman Hageman explained that the number of
buildings would not be changed as a result of this request. Ms.
Vetter felt that the request for air-space condominiums should be
thrown out and the buildings should be torn down.
. . . . . . . . end of public comment. . . . . . . .
ACTIO N: Recommend approval of Tentative Parcel Map #96015 based
on the Findings contained in Attachment E and the Condi-
tions of Approval contained in Attachment F.
Motion: Wallace
Second: Zimmerman
AYES: Wallace, Zimmerman, Johnson, Hageman
NOES: None
ABSENT: Sauter [Two seats vacant]
MOTION PASSED: 4:0
B. RDINAN E PDATE:
Proposed revisio dilfffnce sections
e ect Planning COMM ssio
0000,13
REPORT TO COUNCIL Meeting Date: 4-8-97
CITY OF ATASCADERO Agenda Item: A-6
THROUGH: Bob Grogan, City Manager
VIA: Brady Cherry, Director of Community Services
FROM: Mark Markwort, Chief of Wastewater Operations
SUBJECT:
Award of Bid for Purchase of Electrical Controller for
Wastewater Pumping Station No.3.
RECOMMENDATION:
Staff recommends that one Liquitronic III, dual pump control panel
be purchased from Tesco Controls, Inc.
BACKGROUND:
Ten years ago, a private developer was conditioned to construct
four wastewater pumping stations. All four of these pumping
stations were equipped with the same electrical controls, none of
which are in operation today. Two of the pumping stations have
already had the original control systems replaced with Tesco
controls. One of the pump stations has been abandoned and the forth
pumping station (Pumping Station No.3) has had the original
controller bypassed and is presently operating on a temporary
manual float system. To prevent inadvertent sewage spills caused by
a malfunction of this temporary pump control system, the purchase
of a new pump controller is warranted.
DISCUSSION:
Nine of Atascadero' s twelve wastewater pumping stations are
equipped with Tesco, Liquitronic III controllers. These controllers
have proven to be of superior quality and are extremely reliable.
Section three of City' s Basic Formal Bidding Procedures allows
Council, in specific situations, to authorize the purchase items
above $7, 500 without using formal bidding procedures. In this
instance, there is only one known supplier of this particular
controller (Sec.3.2) and due to the degree of quality and city wide
system uniformity which the Wastewater Division is seeking to
maintain, formal bidding is not the most cost-effective approach in
this situation (Sec.3.4) . To maintain the degree of system
reliability which the City has come to expect, and to maintain
000044
equipment uniformity, the Wastewater Division requests that Council
award Tesco Controls with a contract for the purchase of a new pump
controller for Wastewater Pumping Station No.3.
FISCAL IMPACT•
$ 14907.75
Fifteen thousand dollars for the purchase of a new pump controller
for Wastewater Pumping Station No.3 was an approved portion of the
Wastewater Division's 1996-97 equipment replacement budget.
Wastewater Division Account No. 201-50301-0430
Attachment:
Request for Quotation
00005
R.U. Box 239012
3434 52nd. Avenue
Sacramento, CA 95823-8012
Tesco Contmis, Inc. Vralce (918) 395-8800
Fax J916)429-2817 ._
DATE:Femmy 29, 1997
TO:CITY OF ATA.SCADERO
ATTN-.MARK 1MiARKSWORT
JOB NAMM:Atucadero•W.W.P.S.#3
BID DATE: NEG
T'E3C0 QUOTE: 7BI23Q01
Paean Mark;
We are pleased to confirm the following bill of material pertaining to the above
nwntioned project-
P.S. S' e
Merdmal Controls
�ESCR ..IP'�'��N,
1 1 _Servlge CopAM gand Metered
.Price Includes Nems 3R Pad Mount 200 amp 3 phase
4 Wire 480 volt(1-Spe6Red TESCO Control Panel
with all Controls)
Includes: I-Meter Socket.2-123 Amp Main Breakers w/MTS
430 Volt, 1-200 Amp Generator Reccpt *le w/W/P Angle Adapter.
1-LIQ 3 PLC Controller Packam 1-Air Compressor Package,
2-Size 3 FVNR Combination Starters 30 BP w/MCP&0V-%
1-Alarm Morn&I.'&v4/:fur' -butt;:a Swftchm l-TESCO ISR
Probe Board,miss.:o strati r_ :tags.
2 1 Compre<tsion Bell w/Mounting Hardware
3 100, 1/4"Plastic Tubing
4 1 Set(4)Anchor Bolts
S 1 Lot Submittals,Manuals,O&M's,Calibration,Progmn min&
Software,Training,Tcst, Start up,Guarantee.
Pagel
JOB NAME:Atascader+o PS#3
BID DATE: NEG
TESCOTE:7BI23
QUO QOi
Total Items 1 Thur S
Irnluding Discount
Not inctudins Tax $ I3,900.00
SUBMITTALS:24 Weeks ager receipt of order
DELIVERY 6-9 weeks after receipt of approved submittals.
ADDEENDUMS: 0
QUOTATION FIRM FOR 30 DAYS UNLESS OTHERWISE STATED
EXCEPT%TMRE NO'ILD,TE-SCO pr's* : ov. 1 bt to flAn"th only,and
does not include conduit,wire,tubh:z xristaatiOO L._• -up
EXCEPT WFIERE NOTED,TESC4 primdoes not include any sales
taxes, use taxes or applicable fees.
TESCO price is FOB factory,full Reight allowed.
Terms:Net 30 Days on Approved Credit Accounts
(Interest will be applied on all past due invoices).
All merchandise sold is subject to lien laws.
if we can be ofany f www assistance please contact us.
Sincerely,
�&W r
WADL INO
Sales En&eedBstimator
REPORT TO CITY COUNCIL ITEM: A-7
CITY OF ATASCADERO DATE: 4/8/97
Through: Robert Grogan, Interim City Manager
From: Brady Cherry,Director of Community Services
SUBJECT: Approval of a Memorandum of Understanding with the Atascadero Unified
School District and the Atascadero Recreation Center Committee (ARCC) to provide
office space for the Family Preservation Project.
RECOMMENDATION: Approve Resolution No. 22-97 authorizing the execution of
the Memorandum of Understanding.
BACKGROUND: The Family Preservation Project is a community partnership to assist
youth and families. The Atascadero Unified School District has received a $15,000. grant
from the San Luis Obispo County Department of Social Services to implement the Family
Preservation Project. The Family Preservation Project has been established to identify the
needs of youth and families in Atascadero and the surrounding area in the School District.
A needs assessment and resources inventory will take place, and subsequently, a service
r delivery program will be designed and implemented. The Family Preservation Project will
be funded for at least 3 years from Federal Family Preservation Grant monies.
The Atascadero Youth Task Force and the Atascadero Recreation Center Committee will
administer aid oversee the project. The Atascadero Unified School District will employ
the personnel and serve as the Fiscal Agent.
The City of Atascadero will provide office space, telephone and any in-kind support that
may be feasible to and with the project's success. The City will also coordinate program
or meeting space as may be appropriate.
FISCAL IMPACTS: None significant. Solely in-kind support that will be limited in
nature.
0600118
RESOLUTION NO. 22-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO APPROVE THE
MEMORANDUM OF UNDERSTANDING WITH THE
ATASCADERO UNIFIED SCHOOL DISTRICT FOR THE
FAMILY PRESERVATION PROJECT
The City Council of the City of Atascadero, California hereby resolves as follows:
1. The City Manager is hereby authorized to execute an agreement with the
Atascadero Unified School District to provide in-kind support for the
Family Preservation Project.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The City Manager or his designee is hereby authorized to provide
appropriate support as necessary to comply with the Memorandum of
Understanding.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Atascadero held on the 4th of April, 1997.
ATTEST: CITY OF ATASCADERO
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY HANLEY, City Attorney
000049
2/04/97-b
MEMORANDUM OF UNDERSTANDING
for the
ATASCADERO FAMILY PRESERVATION PROJECT
I. PARTIES
This memorandum is entered into between the Atascadero Unified School District
(hereinafter District), the City of Atascadero (hereinafter City), and the Atascadero
Recreation Center Committee (ARCC).
II. PURPOSE OF THIS AGREEMENT
This Memorandum of Understanding is intended to define the organization and
operational structure of the Atascadero Family Preservation Project (hereinafter
Project), and to set forth the relationship between each of the member organizations and
the responsibilities of each during the first year of the Family Preservation Grant
[September, 1996 through August, 1997]. This Memorandum of Understanding will
remain in effect until superseded by other written agreement between the parties or the
termination or cancellation of the project.
III. GOAL OF THE PROGRAM
The Atascadero Family Preservation Project has been created to identify specific needs
of juveniles in the City of Atascadero and those areas served by the Atascadero Unified
School District (hereinafter"the community"). The goal for the first year is to assess
existing resources available to juveniles, to evaluate feasibility and sustainability of ideas
solicited from a wide segment of the local population and to design and implement a
program or programs to serve families in the community. The Project will be funded for
the first three years through the San Luis Obispo County Children's Services Network
using federal Family Preservation Grant monies. The project is governed by law and those
guidelines contained in the Five Year Family Preservation and Support Plan, hereby
incorporated into this document by reference and referred to as the"Five Year Plan".
IV. ORGANIZATIONAL STRUCTURE
A. The Project shall be governed by the Atascadero Youth Task Force, a member
agency of the Atascadero Recreation Center Committee (ARCC), in
accordance with policies and restrictions contained in the guidelines.
B. The Project shall be administered by the Atascadero Unified School District
which will act as fiscal agent to employ personnel and expend funds as necessary
to carry out the goals and program(s) of the project.
•
1
00000
V. ROLE OF MEMBER AGENCIES
A. IN GENERAL: By entering into this Memorandum of Understanding, the member
agencies agree to commit resources, either by way of funding or in-kind services,
which are reasonable and necessary to the continued operation of the program.
Each of the member agencies acknowledges that it is only through a shared
commitment that the Family Preservation Project's goals will be realized.
B. ATASCADERO RECREATION CENTER COMMITTEE: The Atascadero
Recreation Center Committee (ARCC) is a non-profit corporation which serves
numerous projects in the Community. Among these is the Atascadero Youth Task
Force. By entering into this memorandum, ARCC agrees to ensure that the Task
Force will operate in ways consistent with the laws governing non-profit
organizations. To accomplish this, ARCC will require that any general meeting of
the Task Force (defined as any meeting during which the Task Force is
empowered by its own rules to make a decision which could cause the expenditure
of grant monies) must be noticed to the members of ARCC and voted upon by the
ARCC Board.
ATASCADERO YOUTH TASK FORCE: The Atascadero Youth Task Force is
a consortium of groups and individuals who are committed to providing services to .
youth in the Atascadero Community and includes representatives from each of the
signatory agencies of this agreement. It is governed by its own bylaws which
provide for an Executive Committee of five members. The Task Force operates as
a member organization of the non-profit Atascadero Recreation Center Committee
(ARCC).
The following are some of the duties of the Atascadero Youth Task Force during
the first year of the grant. This list does not limit the Task Force's authority to act
in other or additional ways that are consistent with grant guidelines, law and public
policy.
1. To determine the qualifications and define the duties, responsibilities and
compensation for a Project Manager who will conduct a survey to assess
what is needed by and for youth in the defined community. This survey
shall be completed by July 31, 1997 and shall result in a report and
recommendations for program design and implementation.
2. To meet on a regular basis with the Project Manager to evaluate and utilize
information produced by the needs assessment. To make personnel
recommendations to the District to ensure reasonable progress on the
project.
2
000051
3. To determine what program/programs will be put into place during the
second and third years of the grant, to design those programs and to
present them for approval to the grant administrating body.
4. To establish operational policies of programs consistent with the goals of
the Family Preservation Grant.
5. To establish an operational budget for the program based on available
funding and provide this to the District for implementation.
6. To pursue ongoing funding of those programs determined to be a benefit to
the youth of this community.
C. ATASCADERO UNIFIED SCHOOL DISTRICT: The Atascadero Unified School
District will act as Administrator and Fiscal Agent of the Family Preservation Project
grant according to the terms of the Family Preservation Fiscal Agent and Operational
Services Contracts which are hereby incorporated by reference and made a part of this
memorandum.
D. THE CITY OF ATASCADERO: During the first year of the grant, The City of
Atascadero will provide office space for the Project Manager and will furnish a telephone
and telephone line for manager's use in pursuing the project's goals. The City of
Atascadero will cooperate with the Task Force in identifying facilities for program uses
during the additional years of the project. To the extent fiscally reasonable, the City of
Atascadero will provide in-kind support to the manager. The City will provide work
space, as is available, for meetings of the Task Force or other meetings necessitated by the
project.
This Memorandum of Understanding is entered into 11996
ATASCADERO UNIFIED By
SCHOOL DISTRICT '-�JUDV RANDAZZO
District Superintendent
CITY OF ATASCADERO By
City Manager
ATASCADERO RECREATION By ��c
CENTER COMMITTEE
Board Chai
3
000052
REPORT TO CITY COUNCIL Meeting Date: 4/8/97
CITY OF ATASCADERO Agenda Item: B-1
Through: Robert F. Grogan, Interim City Manager
/Via: ,Q ✓ Steven L. DeCamp, Acting Community Development Director
From: /_ Kelly Heffernon, Administrative Analyst
SUBJECT:
1997 Community Development Block Grant (CDBG)
Consideration of the City of Atascadero's proposed allocation for the County of San
Luis Obispo Consolidated Plan, specifically the CDBG program.
RECOMMENDATION:
City staff (City Manager, Department Heads, Senior Planner and Administrative
Analyst) advises the City Council to recommend to the County Board of Supervisors
that the following CDBG allocation of the Consolidated Plan be adopted and
forwarded to the Department of Housing and Urban Development (HUD):
North County Women's Center/Shelter (Request #1) $10,240
Economic Vitality Corporation (EVC) (Request #3) $100,000
Atascadero Lake Park Tot Lot (Request #6) $16,300
Recreation Access Project (RAP) (Request #7) $2,500
Economic Opportunity Commission (EOC) (Request #8) $18,000
Station One Life Hazard Reduction (Request #9) $35,479
Youth Center Asbestos Removal (Request #10) $13,000
Administration (20%)* $48,880
Total 1997 CDBG Grant $244,399
*Staff recommends that $15,000 of the administration funds go to the EVC for their
administration costs as requested in their application. Staff also recommends that
$18,000 of administration funds go to the Administration Building Seismic Feasibility
Report (Request #11) since a "study"is not considered an eligible CDBG project, but
is a suitable administrative activity. This leaves $15,880 for City staff administration.
000053
BACKGROUND:
In 1994, the cities of Atascadero, Paso Robles, Grover Beach, Pismo Beach, San Luis
Obispo, and the unincorporated areas of the County were designated by HUD as an
"urban county" eligible to receive annual formula-based entitlements of CDBG funds.
In 1994, the County received $2,540,000 of CDBG funds, with the City of
Atascadero's portion being $223,500. These 1994 funds were appropriated toward
rehabilitation of the Carlton Hotel ($160,000), the Printery ($47,000), and the
remainder ($16,500) for administration.
In 1995, the City allocated its CDBG funding of $248,600 to a variety of projects,
including site acquisition for Loaves and Fishes, housing programs, and rehabilitation
of public facilities.
In 1996, the City received $241,142 in CDBG funds (3% less than the previous year)
which the City allocated to several public facility projects, a revolving loan fund, and
the Innovative Development Center (business incubator).
Preparation of the 1997 Consolidated Plan began in the fall of 1996. Workshops
were held throughout the county (10/19/96 and 2/26/97 in Atascadero) to solicit
public comment on housing and community development needs. In December 1996,
the County issued a request for CDBG and HOME investment Partnerships Act
(HOME) program proposals for funding through these programs. By the deadline of •
January 10, 1997, the City had received 11 applications for CDBG funding (no
requests for HOME funds were received) totaling $387,065. The City's 1997 CDBG
allocation is $244,399.
DISCUSSION:
CDBG funds may be used for a variety of community development activities as long
as they meet one of the three national objectives:
(1) A benefit to low and moderate income persons;
(2) Aid in the prevention or elimination of blight;
(3) Address urgent needs that pose a serious and immediate threat to the
health or welfare of the community.
Eligible activities for CDBG funds include acquisition of real property, construction or
rehabilitation of public facilities and improvements, provision of certain types of public
services, relocation payments and assistance, removal of architectural barriers,
housing rehabilitation, historic preservation, code enforcement, commercial or
industrial rehabilitation, and special economic development activities.
Federal regulations require that in order for an activity to qualify under the low and
4 fY
000054
moderate income objective, at least 51 % of the persons benefitting from the project
or program must earn no more than 80% of the area median. Furthermore, at least
70% of the "urban county" CDBG funds must be expended toward the national
objective of directly benefitting low and moderate income individuals. In 1996, the
City of Atascadero did not attain this income target goal for its projects. The
participating jurisdictions have again agreed to strive towards the 70-30% split within
their own jurisdictions in preparing the 1997 plan.
In addition to the targeted income groups, the following criteria should also be used
to guide selection of CDBG programs:
1 . The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
4. The proposal will achieve multiple community development objectives;
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
The following section is a summary of each application received in light of the CDBG
• guidelines and community development needs of Atascadero. (Note that the 70-30%
split is calculated after taking 20% for administration).
APPLICATIONS FOR LOW AND MODERATE INCOME PERSONS (70% or $136,863)
1 . North County Women's Resource Center/Shelter
Recommended funding: $10,240
The Women's Resource Center is",
s requesting $10,240 for a heating and air
conditioning project. The Center has received CDBG funds over the past two
years under the Special Urban Projects Fund (which is a separate countywide
CDBG account reserved for projects with a regional benefit) for paving their
driveway and constructing a storage building. The County is not
recommending funding for this particular project this year. Therefore, city staff
is recommending the project be funded from the City's allocation.
2. San Luis Obispo Non-Profit Housing Corporation
Not recommended for funding this year
The Housing Corporation is requesting $80,000 for the Empire Apartment
enhancement program. If approved, the grant would be spent specifically for
site acquisition adjacent to the property for the purpose of access
. enhancement and possibly development of additional units. This project
appears worthwhile on the surface; however, more information is needed to
000055
analyze alternative access points and the feasibility of the site to accommodate
additional units.
3. Economic Vitality Corporation of San Luis Obispo County. Inc (EVC)
Recommended funding: $100,000 plus $15,000 for administration
The EVC is requesting $100,000 for the City of Atascadero Revolving Loan
Fund which is administered by the EVC. The corporation is also requesting the
City of Atascadero to provide $15,000 in CDBG administrative dollars towards
their efforts. Last year, the City allocated $85,000 towards the Revolving
Loan Fund. At that time, the Council and Manager discussed a five year
commitment of CDBG funding to this program.
4.
American Baptist Homes of the West (ABHOW)
Not recommended for funding this year
The ABHOW is requesting $35,000 towards the purchase of California Manor,
a 95-unit FMHA - financed care facility for low to very low-income residents.
The purpose of their proposal is to preserve the affordability of California
Manor. ABHOW is seeking primary financing through the federal Low-income
Housing Tax Credit Program and is also requesting $275,000 through the
County's HOME program to acquire the property. The average income of
residents is $10,000 and the average rent paid is $256 per month. Staff
concluded that since there is no imminent threat of losing the elderly housing
benefits provided by this project, it should not be supported at this time.
5. Purchase of the Carlton Hotel
Not recommended for funding this year
The applicant is requesting an unknown amount for the purchase of the Carlton
Hotel for low income housing. Since the application is incomplete and issues
still remain with the Hotel from the 1994 CDBG allocation, it appears this
application is premature.
6. Atascadero Lake Park Tot Lot Replacement Projec
Recommended fundina: $16,300
The Community Services Department is requesting $16,300 for the installation
of a new playground at the Atascadero Lake Park which would meet the
Americans with Disabilities Act standards. This project was submitted last
year for CDBG funding for $11,300 but was not approved.
7. Recreation Access Project (RAP)
Recommended funding: $2,500
As a combined application, the Human Hearts Foundation and the Atascadero
Community Services Department are requesting $5,525 to develop recreational
programs for developmentally disabled people. This project was requested for
the past two years and was funded last year (the same dollar amount).
00005
8. Economic Opportunity Commission (FOC) of San Luis Obispo County Inc.
Recommended funding: $18,000
The EOC is requesting $18,000 for the Home Repair Program. Last year the
City Council approved $15,000.
The total for recommended projects benefiting low to moderate income persons
equates to $147,040 (or 75%) which exceeds the 70% goal.
OTHER APPLICATIONS (30% or $58,656)
9. Station One Life Hazard Reduction
Recommended funding: $35,479
The Atascadero Fire Department is requesting $76,000 to implement a life
hazard reduction plan at station one. The proposed project would be in two
phases: Phase I would include a room addition, fire sprinklers for new addition
and architecture plans totaling $57,000. Phase II would add an emergency exit
corridor and fire sprinklers for the existing building totaling $19,000.
Specifically, the proposal would remove the following hazards: The removal of
Biohazard Medical Clean-up from living quarters; the removal of exhaust hazard
from living quarters, training room and the Fire Apparatus Repair Garage;
Provide a barrier between Fire Apparatus and the inhabited living quarters; and
the installation of an Emergency Exit Corridor from the sleeping areas in the
station to allow safe egress in an event of a fire in the Fire Apparatus Bay.
10. Atascadero Youth Recreation Center Asbestos Removal
Recommended funding: $13,000
The Community Services Department is requesting $13,000 to remove
asbestos in the Youth Center per state and federal environmental law.
Additional funding will be sought from private industry grants and community
fund-raising events coordinated by the Atascadero Recreation Center
Committee (AARC).
11 . City Administration Building - Seismic Feasibility Repg�
Recommended funding: $18,000
The Community Services Department is requesting $18,000 for a seismic
feasibility study for the unreinforced masonry Administration Building in order
to comply with City ordinances and state statues. The funding for this project
is recommended to come from the City's Administration funds and therefore
is not considered part of the 30% allocation for blight/seismic retrofit/code
compliance projects.
00005'7,
The total for projects allocated towards blight/seismic retrofit/code compliance .
equates to $48,479, or 251/6.
CONCLUSIONS:
The 1997 CDBG program funding can be summarized as follows:
Total 1997 Atascadero CDBG Funding $244,399
Total 1997 CDBG Funding Requested* $435,945
*This includes the City administrative costs. Administrative costs are
considered to address CDBG national objectives - these costs are excluded
from the total before figuring the low to moderate income percentage.
As can be seen, the staff recommendation well exceeds the countywide goal of 70%
for projects benefitting low to moderate income persons. The recommended projects
include a good mix of economic development, hazardous substance removal form
public buildings, enhancement of recreational programs and home improvement for
lower income households.
Encl: 1997 CDBG applications (under separate cover)
000058
REPORT TO CITY OF ATASCADERO CITY COUNCIL: ITEM: C-1
DATE: 4/8/97
FROM: BRADY CHERRY,RECTOR OF COMMUNITY SERVICES
THROUGH: BOB GROGAN, INTERIM CITY MANAGER
SUBJECT:
ATASCADERO LAKE PARK BOAT AND EQUIPMENT RENTAL CONCESSIONAIRE
AGREEMENT
RECOMMENDATION
Recommend adoption of Resolution # 21-97, approving a lease between the City of
Atascadero and Bill Rabenaldt of Beach Cycle Rentals of Pismo Beach, for the rental
of various watercraft and recreational equipment at Atascadero Lake Park.
DISCUSSION
On Thursday, March 27, 1997, the Atascadero Parks and Recreation Commission
voted unanimously to recommend approval of an agreement between the City and
Beach Cycle Rentals to provide for the rental of paddleboats, rowboats, bicycles and
other related recreational equipment. By entering into this agreement, the City would
be replacing a program operated by Community Services Department staff with a
private concessionaire. As you are probably aware, the Community Services
Department has rented paddle boats at Atascadero Lake Park to the public for
approximately nine years. Prior to our boat rental operation, a private
concessionaire, Pop's Tackle provided the Lake Park boat rentals.
Paddleboat rentals at Atascadero Lake Park have been very popular throughout the
years. In 1995 alone, our paddle boats were rented approximately 1,400 times,
bringing in approximately $3,000.00 of net revenue to the City. Currently, the City
has five (5) paddle boats which were recently made available for public use again,
beginning with Spring Break.
Despite our success with Paddleboat rental, the Community Services Department
recently requested proposals from the public for the operation of Lake rentals. An
arrangement with a private concessionaire could provide additional benefits to the
public and our if our net revenue remains approximately the same. Some of the
potential benefits could include reduced City overhead resulting from indirect costs,
such as payroll for staff, supervision and advertising. Currently, the Community
Services Department is not in a position to replace our aging fleet of paddle boats. A
private concessionaire would be able to provide the necessary capital for new boats
and equipment, improving the quality and selection of rental equipment for the
public, albeit at a slightly higher rental rate.
Two proposals were submitted for the operation of the boat and equipment
concessions at Atascadero Lake Park. Staff is recommending a proposal submitted
by Bill Rabenaldt with Beach Cycle Rentals of Pismo Beach. See attached. In Beach
Cycle Rentals proposal, two (2) payment options are listed. The first option would
give a smaller guaranteed amount to the City up front with a greater percentage of
000059
gross sales. The second option would give the City a larger amount up front with a
smaller amount of gross sales. Based on the potential for increased sales and the
aggressive marketing record of Beach Cycle Rentals, the City of Atascadero has the
potential to make more money with option #1. Staff also believes in the capabilities
of Beach Cycle Rentals and prefers to share in the entrepreneurial venture.
A second proposal submitted by Paul Irving of the Sailing Center of Morro Bay was
not considered because the proposal did not meet the minimum specifications.
FINANCIAL IMPACT
In the near future, the approval of the Concessions Agreement will not significantly
change the amount of revenue generated by boat rentals for the City. If Beach Cycle
Rentals is successful, the City could increase revenues,,and at the same time reduce
overhead, and save staff time. A potential revenue analysis of the two options
provided by Beach Cycle Rentals is attached.
0000(60
ESTIMATED REVENUE PROJECTIONS FROM THE ATASCADERO LAKE PARK RENTAL CONCESSIONS
ESTIMATED AMOUNT TO CITY AMOUNT TO CITY
• SALES* OPTION #1 OPTION #2
YEAR#1 $7,000.00 $2,350.00 $3,210.00
YEAR#2 $7,700.00 $2,962.00 $3,308.00
YEAR#3 $8,470.00 $3,092.90 $3,423.50
YEAR#4 $9,317.00 $3,245.36 $3,559.02
YEAR#5 $10,248.00 $3,422.32 $3,717.36
TOTAL REV. $42,735.00 $15,072.58 $17,217.88
*- Based on our current sales and a 10% annual growth in revenue
ESTIMATED AMOUNT TO CITY AMOUNT TO CITY
SALES ** OPTION #1 OPTION #2
YEAR#1 $35,000.00 $3,750.00 $4,050.00
YEAR#2 $38,500.00 $4,810.00 $4,540.00
YEAR#3 $42,350.00 $5,464.50 $5,117.50
YEAR#4 $46,585.00 $6,226.80 $5,795.10
YEAR#5 $51 ,243.00 $7,111 .87 $6,587.01
$213,678.00 $27,363.17 $26,089.61
**- Based on proposer low sales projections and a 10% annual growth in revenue
ESTIMATED AMOUNT TO CITY AMOUNT TO CITY
SALES *** OPTION #1 OPTION #2
YEAR#1 $50,000.00 $4,500.00 $4,500.00
YEAR#2 $55,000.00 $5,800.00 $5,200.00
YEAR#3 $60,500.00 $6,735.00 $6,025.00
YEAR#4 $66,550.00 $7,824.00 $6,993.00
YEAR#5 $73,205.00 $9,088.45 $8,124.35
• TOTAL REV. $305,255.00 $33,947.45 $30,842.35
***- Based on proposer high sales projections and a 10% annual growth in revenue
Page 1
000061
RESOLUTION NUMBER 21-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BEACH CYCLE RENTALS OF PISMO BEACH
FOR
CONCESSIONAIRE RIGHTS AT ATASCADERO LAKE PARR TO RENT WATERCRAFT,
BICYCLES AND RELATED RECREATIONAL EQUIPMENT
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with Bill Rabenaldt of Beach Cycle Rentals of Pismo Beach
for concessionaire rights to rent watercraft, bicycles
and related recreational equipment at Atascadero Lake.
2. The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3. The City Accountant is hereby authorized to appropriate
funds, if necessary; release and expend funds; and issue
warrants to comply with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 8th of April, 1997.
ATTEST: CITY OF ATASCADERO
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY HANLEY, City Attorney
C:\WP5I\CITYCOUN\RESOL21.97 •
000062
Contract No.
AGREEMENT FOR SERVICES BY CONTRACTOR
PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION
OPERATION AT ATASCADERO LAKE PARR
APRIL 26, 1997 — DECEMBER 31, 2001
This agreement is made upon the date of execution, as set
forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH"
hereinafter referred to as "Contractor" , and the City of
Atascadero, California, a Municipal Corporation, hereinafter
referred to as "City. " The parties hereto, in consideration of
the mutual covenants contained herein, hereby agree to the
following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERM: This agreement will become effective on the
date of execution set forth below, and will continue in
effect until terminated as provided herein.
1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide the services specified in
"Description of Services" attached hereto as "Exhibit A"
hereby incorporated herein.
Contractor shall determine the method, details and means of
performing the above-referenced services.
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the
services required of Contractor by this agreement. City may
not control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In
consideration for the terms of this agreement, the
contractor will pay the City an annual flat fee and percent
of the total gross earnings monthly of all monies from sales
received by the Contractor from the use of the equipment and
premises described in this contract. The annual flat fee and
percentage will be paid according to the "Exhibit B" . Gross
earnings shall not include any sales or excise taxes imposed
by any governmental entity.
Payment to the City of Atascadero of the monthly flat fee
payment and the percentage gross of 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,
California (Attention: Geoff English, Recreation
Supervisor) .
1
000063
Payments received from the tenth (10th) of each month to the
twenty-fifth (25th) of each month shall be considered
delinquent and assessed a ten percent (10%) penalty.
Payments received after the twenty-fifth (25th) of each
month shall be assessed an additional ten percent (10%)
penalty.
Failure by the Contractor to tender payment to the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this agreement.
1.04 LOCATION: Premises of operations is the boat docks
located adjacent to Atascadero Lake in Atascadero Lake Park,
9315 Pismo Avenue, Atascadero, California.
1.05 SUBLEASE: Contractor shall not sublease or otherwise
convey any interest of any sort granted by this agreement to
any person or persons whatsoever without prior written
consent and approval by the City.
1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all of its business
transactions in separate records of account for the
concession operation, in a manner acceptable to the City.
the City shall have the right, through its representatives,
and at all reasonable times, to inspect such books and
records, including State of California sales tax records.
The City may require Contractor, at his expense, to have his
records and accounts audited by an auditor acceptable to the
City and shall present said audit to the Director of
Administrative Services within thirty (30) days after the
completion of the audit. If Contractor fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor's expense.
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
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. .
2
000064
. 1.08. SIGNAGE: All signs, names or placards shall be
approved by the Department of Community Services prior to
installation. All signs must meet all requirements and
specifications as set forth by the City.
1.09. DAMAGE TO/DESTRUCTION OF PREMISES Should the subject
premises or the building and other improvements in which the
subject premises are situated be totally or partially
damaged or destroyed, the City shall promptly repair the
same, except that the City shall have the option to
terminate this Agreement if (a) the subject premises or the
building and improvements in which the promises are situated
cannot reasonably be expected to be restored under existing
law to substantially the same condition as existed prior to
such damage or destruction within ninety (90) days from the
date that the insurance proceeds become available to the
City; or (b) if the costs of such restoration would exceed
one-half ( 1/2 ) of the full insured value of the building and
other improvements in which the subject premises are
situated; or (c) if the damage or destruction results from a
casualty not customarily insured against by a policy of
standard fire and extended coverage insurance having
vandalism and malicious mischief endorsements. Any notice
of termination given here shall be given to Contractor with
fifteen ( 15) days after City determines the period of time
required for and the estimated cost of such repair or
restoration.
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: Hours of operation to be
established by Contractor upon mutual agreement with the
Director (or designee) of the Department of Community
Services.
2 .03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License 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.
3
000065
2 .05 EQUIPMENT: Contractor, at his own expense, shall •
completely equip the concession and keep all equipment in a
good repair and in safe operating condition in a manner to
satisfy of the Department of Community Services throughout
the term of this contract. Daily inspections of the
contractors equipment must be maintained and available for
review upon request of the City of Atascadero.
Contractor shall have a right to use five (5) City owned
paddle boats and floating dock area. In addition, the
Contractor shall have the right to use a fenced cemented
area directly in front of the floating dock area.
2 .06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES:
The City has the right to inspect and schedule the prices
and rates of goods sold upon the subject premises. The City
reserves the right to prohibit the sale of any item which it
deems objectionable or beyond the scope of merchandise/
deemed necessary for proper service to the public.
Contractor shall post rates and prices of all items in such
places as designated by the City.
2 .07 SECURITY / COMMUNICATIONS: The contractor agrees to
provide telephone and security alarm services to concession
throughout the duration of this contract at contractor's
expense.
2 .08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services
under this agreement.
2 .09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor
and Contractor's employees and agents has no right to work-
er's compensation and other employee benefit. If any worker
insurance protection is desired, Contractor agrees to
provide worker's compensation and other employee benefits,
where required by law, for Contractor's employees and
agents. Contractor agrees to hold harmless and indemnify
City for any and all claims arising out of any claim for
injury, disability, or death of any of Contractor and Con-
tractor's employees or agents.
2. 10 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its elective and appointive boards, of-
ficers, agents and employees, harmless and shall defend the
same from any liability for damage or claims for damage, or
suits or actions at law or in equity which may allegedly
arise from Contractor's or any of Contractor's employees' or
agents' operations under this agreement, whether such opera-
4
000066
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
shall have been determined to be applicable to any of
such damages or claims for damages.
2 . 11 INSURANCE: Contractor shall not commence work under
this contract until 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, its elective
and appointive boards, officers, agents and employees,
and Contractor and any agents and employees performing
work covered by this contract from claims for damages
for personal injury, including death, as well as from
claims for property damage which may arise from
Contractor's or any subcontractor's operations under
this contract, whether such operations be by Contractor
or by anyone directly or indirectly employed by
Contractor, the amounts of such insurance shall be as
follows:
( 1) Public Liability Insurance.
In an amount not less than $500,000 per injury,
including, but not limited to death to any one
person and, subject to the same limit for each
person, in an amount not less than $1,000,000 on
account of any one occurrence;
(2 ) Property Damage Insurance.
In an amount of not less than $50,000 for damage
• to the property of each person on account of any
one occurrence.
5
4)0006'7
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $500,000 for
each person in any one accident and $1,000,000 for
injuries sustained by two or more persons in any
one accident. Property damage liability of
$50,000 for each accident.
(4 ) Worker's Compensation insurance.
In the amounts required by law, if applicable.
b. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage
of the insurance required, and adequate legal assurance
that each carrier will give City at least thirty (30)
days' prior notice of the cancellation of any policy
during the effective period of this contract. The
certificate or policy of liability of insurance shall
name City as an additional insured with the Contractor.
2. 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided
in this Agreement, Contractor, at its own cost and expense
agrees:
a. To maintain throughout the agreement term in good
sanitary order, condition, and repair, all
portions of the leased premises, including,
without limitation, (a) the five (5) City-owned paddle
boats, the floating dock area and the fenced, cemented
area directly in front of the floating dock (b) any
personal property of the Contractor situated in or upon
the subject premises;
b. To notify the City promptly of any damage to the
subject premises situated resulting from or
attributable to the acts or omissions of the
Contractor, its invitees or its authorized
representatives, and thereafter promptly to repair all
such damage at Contractor's sole cost and expense.
C. Contractor waives the provisions of Section 1941
and 1942 of the California Civil Code with respect
to Contractor's right to make repairs and to deduct
the expenses thereof from the monthly payment payable
by the Contractor.
2. 13 UTILITIES: Contractor shall pay the actual utilities,
including water, gas, and heat, light and power supplied to
the subject premises. There are customary and reasonable
6
000068
charges one would expect to pay for these services. The
contractor agrees to pay their fair share of all utilities
including water, gas, heat, light and power supplied to
subject premises, based on the percentage of square feet of
subject premises compared with the utility charges for the
entire building site, up to a maximum charge of $200.00 per
month. The charges will be billed to the Contractor
monthly, and payable to the City of Atascadero. Contractor
shall make all arrangements for and pay the charges when due
for telephone service.
The suspension or interruption in utility service to the
leased premises for reasons beyond the ability of City to
control shall not constitute a default by City or entitle
Contractor to any reduction or abatement of the monthly
payment due to the City.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all
reasonable requests of Contractor necessary to the
performance of Contractor's duties under this agreement.
3.02 PLACE OF WORK: City agrees to furnish the use of the
• floating docks located in Atascadero Lake Park use by the
Contractor while performing the services described within
this contract.
4.00 TERMINATION OF AGREEMENT
4 .01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision of this agreement, any party hereto may terminate
this agreement, at any time, without cause by 'giving at
least thirty (30) days prior written notice to the other
parties to this agreement.
4 .02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
( 1) Bankruptcy or insolvency of any party;
(2 ) Sale of the business of any party;
(3) Death of any party;
(4 ) The end of the thirty (30) days as set forth in this
agreement
(5) End of the contract to which Contractor's services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
7
000069
4 .03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agree-
ment or materially breach any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4 .04 TERMINATION: This Agreement shall terminate on
Decmeber 31, 2001, unless extended as set forth in this
Section. The City, with the agreement of the Contractor, is
authorized to extend the term if 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.
4 .05 REMOVAL OF ALTERATIONS: City, by giving written notice
to Contractor within thirty (30) days before the expiration
or termination of the agreement, may elect to require
Contractor, at its sole cost and expense, to remove the
alterations specified by City in its notice, and shall make
such repairs necessitated by the removal of said
alterations, and any damage resulting therefrom, as may be
necessary to restore the subject premises to good condition
and repair, excepting only reasonable wear and tear, before
the last day of the lease term or within thirty (30) days of
the City's notice. This stipulation will not affect any
improvements agreed to by the Director of Community
Services, as described in Section 1.07 of this agreement.
5.00 MISCELLANEOUS
5.01 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
addition to, all remedies now or hereafter allowed by law or
equity.
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
8
009070
relief as may be granted, to a reasonable sum as and for
attorney fees.
5.05 TIME FOR PERFORMANCE: Except as otherwise expressly
provided for in this agreement, should the performance of
any act required by this agreement to be performed by either
party be prevented or delayed by reason by any act of God,
strike, lockout, labor trouble, inability to secure
materials, or any other cause except financial inability not
the fault of the party required to perform the act, the time
for performance of the act will be extended for a period of
time equivalent to the period of delay and performance of
the act during the period of delay will be excused; pro-
vided, however, that nothing contained in this Section shall
exclude the prompt payment by either party as required by
this agreement or the performance of any act rendered dif-
ficult or impossible solely because of the financial condi-
tion of the party required to perform the act.
5.06 NOTICES: Except as otherwise expressly provided by
law, any and all notices or other communications required or
permitted by this agreement or by law to be served on or
given to any party to this agreement shall be in writing and
shall be deemed duly served and given when personally deliv-
ered or in lieu of such personal service when deposited in
. the United States mail, first-class postage prepaid to the
following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Community Services Attention: Recreation
Supervisor
(805) 461-5003 / 461-5002
B. CONTRACTOR
BEACH CYCLE RENTALS 150 Hinds Avenue
Pismo Beach CA 93449
Attention: Bill Rabenaldt
(805) 773-5518
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.
9
000071
5.08 BINDING EFFECT: This agreement shall be binding on
and shall inure to the benefit of the heirs, executors, ad-
ministrators, successors and assigns of the parties hereto,
but nothing in this Section shall be construed as a consent
by City to any assignment of this agreement or any interest
in this agreement.
5.09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a legis-
lative or rule making act to be either invalid, void or
unenforceable, the remaining provisions of this agreement
shall remain in full force and effect, unimpaired by the
holding, legislation or rule.
5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole and entire agreement between the parties with
respect to the subject matter hereof. This agreement
correctly sets forth the obligations of the parties hereto
to each other as of the date of this agreement. All
agreements or representations respecting the subject matter
of this agreement not expressly set forth or referred to in
this agreement are null and void.
5 . 11 TIME: Time is expressly declared to be of the essence
of this agreement.
5. 12 DUE AUTHORITY: The parties hereby represent that the •
individuals executing this agreement are expressly
authorized to do so on and in behalf of the parties.
5 . 13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and
that any rule to the effect that ambiguities are to be
resolved against the drafting shall not apply in the
interpretation of this agreement or any amendments or
exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be
construed to define or limit the provisions to which they
relate.
5. 14 AMENDMENTS: Amendments to this agreement shall be
made only with the mutual written consent of all of the
parties to this agreement.
10
0000'72
Executed on April 8, 1997, at Atascadero, California.
Attest: CITY OF ATASC
ADERO
By:
MARCIA TORGERSON RAY JOHNSON
City Clerk Mayor
Approved as to form:
By:
ROY HANLEY, CONTRACTOR
City Attorney
11
0000'73
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor shall provide consultation and professional management
services to City as follows:
The Contractor shall utilize said premises for the following
purposes:
A. Premises shall be used for the purpose of renting paddle
boats, appropriate watercraft, bicycles and other
mutually agreed upon recreational equipment.
B. Furnish and install at his 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 to the
satisfaction of the Department of Community Services, and
maintain said areas in conformance with the highest
standards of health and safety for patrons of said
operation.
F. All items to be sold shall be approved by the Department of
Community Services. No food or beverages may be sold.
C: \WP51\CNTRCTS\NCIINC96.LEA
12
000074
EXHIBIT B
CONTRACTOR PAYMENT SCHEDULE
Contractor will pay the City Annually:
YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS
1997 $ 2,000.00 5 %
1998 $ 2,500.00 6 %
1999 $ 2,500.00 7 %
2000 $ 2,500.00 8 %
2001 $ 2,500.00 9 %
C:\WP51\CNTRCTS\NCIINC96.LEA
•
12
0000"75
PROPOSAL FORM & QUESTIONNAIRE
FOR THE ATASCADERO LAKE PARR PADDLE BOAT, WATERCRAFT AND
RECREATIONAL EQUIPMENT CONCESSIONAIRE
Pursuant to Notice to Proposers to operate a paddle boat,
recreational watercraft, bicycles and related recreational
equipment concessions at Atascadero Lake Park.
NAME OF PROPOSER:
NAME OF BUSINESS:
BUSINESSADDRESS:
CITY/STATE/ZIP:
BUSINESSPHONE: �
IMPORTANT NOTICE•
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 general partner must
sign. If the Proposer is an individual, you must sign by using
first, middle and last name in full.
Executed this day of M/Ixoy , 1997.
By:
Title: �i}LC 1VL'yL
•
0000'76
QUESTIONNAIRE
This Questionnaire is submitted in conjunction with and is a part
of the Proposal to operate the Recreational equipment concessions
at Atascadero Lake Park. Information contained in this
Questionnaire must be verifiable under oath. All questions must be
answered in full. If additional space is required, please use the
back of the page on which the question appears. If the question is
not applicable, please mark "Not Applicable" .
1. ) What is your present type of business 46e6wgt axlefc)p
a. For how long? 3 Y F1GX-3
b. Is your organization a sole proprietorship, corporation,
partnership, or other? Explain: v OLE,
C. If a sole proprietorship, are ou the owner? If other,
what is your position? Y dip
d. How many people do you employ or supervise? 44 44VE -.2
e. Give any other information concerning your present
organization or employment which you feel is pertinent:
Z 1tST 2£cC/AP A L-01W 7f4W CMZlr"e-r-w11-7 7- IZ C0411d75�'
6"F 741,A1tC 1P2 A GdvGF.�'si ay.
2. ) Attach a sample of types of watercraft and related
recreational equipment that will be made available to the
public for rent, including proposed prices.
3. ) Indicate the percentage of gross receipts to be paid to
the City of Atascadero, in addition to the flat annual rental
fee of $3,000.00 charged to the concessionaire: 5 R�F- A7TA�
10A0P05A L- PVYt at°n crus .
4 . ) Other pertinent information
5. ) Attach a sample copy of the proposed equipment rental
aggreement that proposer intends to use on-site.
0000'7'7
VERIFICATION OF QUESTIONNAIRE
(NOTE: SELECT PROPER VERIFICATION FOR EXECUTION)
INDIVIDUAL
The undersigned deposes and says that he/she has read and executed
the foregoing Questionnaire and knows the contentsthereof, and
that they are true of his/her own knowledge except as to matters
that he/she believes to be true.
I declare under penalty of erjury that the foregoing is true and
correct. Dated this day of -24'-IA72450 , 1997 at
05kM6 IbAgG,* California.
J&�
PARTNERSHIP
The undersigned state that they are a partnership, that they have
read and executed the foregoing Questionnaire and know the contents
thereof, and that they are true of their own knowledge except as to
matters which are therein stated of their information or belief and
as to those matters that they believe to be true.
We, and each of us, declare under penalty of perjury that the
foregoing is true and correct. Dated this day of
1997 at , California.
GENERAL PARTNER
GENERAL PARTNER
CORPORATION
The undersigned state that they are a corporation, that they have
read and executed the foregoing Questionnaire and know the contents
thereof, and that they are true of their own knowledge except as to
matters which are therein stated of their information or belief and
as to those matters that they believe to be true.
We, and each of us, declare under penalty of perjury that the
foregoing is true and correct. Dated this day of
1997 at , California.
0000'78
iPROPOSAL TO PROVIDE A
RENTAL/RETAIL CONCESSION
AT ATASCADERO LAKE PARK,
CITY OF ATASCADERO, CALIFORNIA
Submitted by. Beach Cycle Rentals, 150 Hinds Avenue, Pismo Beach CA 93449
(805) 773-5518
STATEMENT OF PURPOSE
To enhance and expand the recreational opportunities available to the citizens and visitors to the City of
Atascadero through the provision of a rental facility at Atascadero Lake Park.
BACKGROUND
Beach Cycle Rentals is a privately owned and successfully operated rental business located in Pismo
Beach. Since 1994, Beach Cycle Rentals has specialized in the provision of beach rental items such as
wet suits, boogie boards, surfboards, kayaks, "banana bikes", quadricycles, umbrellas, wagons, baby
strollers and other recreational equipment suitable for the beach area. In addition, Beach Cycle Rentals
provides for sale items such as fresh sandwiches, candy, soft drinks, coffee, sun screen and souvenirs.
Beach Cycle Rentals is a fully insured, safety conscious operation with an efficient staff and impeccable
�afety record.
PROPOSAL
The name, "Beach Cycle Rentals"will be chaff and a business license secured under a name that will
reflect the community of Atascadero. For the purpose of this proposal however, Beach Cycle Rentals will
remain predominate.
Beach Cycle Rentals proposes to rent by the hour and/or half hour, paddle boats, watercycles (brochure
attached), kayaks and fishing rowboats. In addition, we will provide rental fishing poles with reel, hook
and line included. A supply of fishing supplies will be available for purchase if desired by the customer
(lures, special hooks etc.). A supply of fresh worms, crickets and other live bait will be available for
purchase.
If this contract is awarded quickly, the successful vendor should be able to begin operations, at least
substantially, by the 15th of April (the proposed building, addressed later in this proposal, may take
longer to erect). During the month of April and the month of May,the concession would be guaranteed to
be open Friday, Saturday and Sunday of each weekend 9am until dusk. If business permits, the
concession will open during the week as often as practical. Beach Cycle Rentals will begin daily
operations on June 1 and will continue through Labor Day weekend. During the remainder of the month
of September and the month of October, Beach Cycle Rentals will be open Friday, Saturday and Sunday
loam until dusk. If business permits, the concession will open during the week as often as practical. The
rest of the year, up to Easter Break the following year, Beach Cycle Rentals will open as often as business
permits. These times of operation are completely negotiable based upon your experience.
0000'79
Geoff English, City of Atascadero Page 2
Beach Cycle Rentals, Proposal
COMPENSATION AND LENGTH OF AGREEMENT
Due to the capital investment necessary to begin operation, Beach Cycle Rentals would request a
minimum 5 year contract (or a three year lease with a 2 year option)to operate this concession with
obvious escape clauses, in favor of the City of Atascadero, for non-performance. This will allow for
proper depreciation of the equipment and offer an incentive to grow and perpetuate this venture. In
addition, a storage and rental building will need to be constructed which will be dealt with later in this
proposal.
Beach Cycle Rentals will 1) pay a graduated percentage, up to 9%, of the gross revenues generated from
this concession to the City of Atascadero plus a minimal annual lease payment or, 2) submit to a minimal
monthly percentage for the concession area plus an annual lease payment.
1) Beach Cycle Rentals is willing to pay the City of Atascadero 5% of the
gross revenues, which includes all for sale items plus all rentals, plus a first year
fee of$2,000.00 for the right to operate. During the second year, Beach Cycle Rentals will
pay 6% of the gross revenues plus $2,500 annually, for the right to operate. During the
subsequent 3 years, the percentage will increase by one point each year and the fixed lease
will remain at $2,500.00 annually.
2) Beach Cycle Rentals is willing to pay the City of Atascadero 3% of the
gross revenues plus $3,000.00 annually for the right to operate year one. After that, the
annual sum will remain in effect but the percentage will increase one point each year.
This reasoning is quite simple. I believe this concession can generate substantial income over a five year
period but not initially. The figures I have been given for this past years operation (1996) are a basis for
projection but are not adequate to sustain a profitable operation with the capital investment necessary. If
the City is willing to "gamble" with me over a period of years, we can make a wonderful concession for
the residents to enjoy. If I take all of the risk initially,the City will still benefit but not to the degree I
think it deserves. I believe we can generate $35,000.00 to $50,000.00 in gross revenue the first year with
an 8 to 10 % increase annually (I have increased my business in Pismo Beach by 12% each of the past 3
years).
CONCESSION AND STORAGE BUILDING
From a security and operational standpoint, a metal frame or wood frame building needs to be constructed
on the cement slab next to the wading pool and dock area. Beach Cycle Rentals will purchase and install
this building and have full rights to depreciate the structure and its contents over this 5 year contract.At
the end of this contract period, Beach Cycle Rentals will relinquish title for the sum of$1.00 and it will
become the property of the City of Atascadero. Should the contract be terminated prior to its expiration,
the City of Atascadero can purchase the building on a pro-rated actual cost basis or Beach Cycle Rentals
will remove it for relocation to one of my other facilities.
0: 0080
OGeoff English, City of Atascadero Page 3
Beach Cycle Rentals, Proposal
INSURANCE, PRICING AND TIME FRAME
As mentioned above, Beach Cycle Rentals has an excellent safety record (During our past 3 consecutive
years of operation, there have been no accidents or incidents reported to Beach Cycle Rentals, the local
Police Department or Emergency Services). Staff are well trained and CPR/First Aid certified. Beach
Cycle Rentals carries a$1,000,000.00 general liability insurance policy ($2,000,000.00 aggregate). I
would also like to install a security alarm system and a wall or floor safe at the concession area. Although
there is little risk involved with these activities in this environment, Beach Cycle Rentals will ad the City
of Atascadero as an additional insured. A copy of our"rental agreement and waiver" is enclosed for your
review. This agreement however, is proprietary by nature and shall not be shared with anyone except
proposal review staff at the City of Atascadero.
The paddle boats (10) and rowboats (6) will be rented for$4.00/half hour and$7.50/hour. Bicycles (6)
rent for $3.00/half hour and $5.00/hour. Kayaks (2)will rent for$4.00/half hour and $7.50/hour. All
watercraft will include life vests. Electric bicycles (4 standard bicycle with electric motor which
generates no noise) rent for $7.50/half hour and $14.00/hour. I will also consider bringing surreys (4)
into the operation if City Staff feels they will not interfere with vehicular traffic. Small,two or three
person sail boats are another consideration and I will purchase them for rent if City Staff feels the
*
revailing winds will be strong enough. This is initial inventory only and will be expanded as required.
New and additional equipment will be evaluated as it becomes available for purchase.
INCREASED USAGE AND ECONOMIC GAIN FOR THE CITY OF ATASCADERO•
Based upon my three full years of successful operations, I can attest to the fact that a location promoting
family oriented activities, increases participation from the general public. Four years ago, Pismo Beach
had very little for families to do but walk on the beach and go shopping. Since the opening of Beach
Cycle Rentals, tourism has increased, locals come downtown more often and tax revenues are up. Beach
Cycle Rentals cannot take full credit for the success of our area but we have played an important role in its
growth.
This past year, the gross revenues generated by Beach Cycle Rentals totaled more than $138,000.00 with
an 18% net profit. The majority of this revenue generation was from equipment rental. I believe
Atascadero Lake Park has a muchrg eater potential in the years to come. A well planned advertising
campaign, public outreach to Church groups, youth groups, non-profit organizations, senior citizens and
well maintained facilities will create an abundance of usage and increase revenues to the City of
Atascadero.
I am very interested in working with the Zoo to increase their attendance and revenue. If you will allow
me to offer a discount on the rental equipment with admission to the Zoo, this can be advertised and may
romote full day usage of the Zoo, Atascadero Lake Park and our concession. Please understand, I will
only pay the City of Atascadero the percentage on the discounted price. In addition, I will be willing to
advertise the City of Atascadero and the Zoo at my Pismo Beach and Visalia locations.
000081
Geoff English, City of Atascadero Page 4
Beach Cycle Rental, Proposal
EMPLOYEES:
Beach Cycle Rentals will hire only San Luis Obispo County residents. We will strive to utilize youth
programs, the Private Industry Council and the Economic Development Department for hiring resources.
All employees will be insured by my workman's compensation carrier, State Fund(Copy of my certificate
enclosed) and employee taxes are paid bi-monthly through ADP Payroll Services. General employees
will be paid minimum wage with a bonus program based upon performance. Shift supervisors will be
paid between $7.00 and $10.00 per hour depending upon experience and motivation.
All employees will be provided with uniforms to compliment the operation. They will consist of shorts
and a collared polo shirt (cotton) for the men and skorts and a collared polo shirt (cotton) for the women.
Both will be dark blue bottoms and light blue tops with the new company logo on each piece.
spectful y submitted,
i 1 Ra enaldt, Owner
0C-0082
. PERSONAL -PROFESSIONAL INFORMATION & ATTACHMENTS
BANK: CPA
Bank of Santa Maria Michael Fiorentino, CPA
790 Price Street 2665-H Shell Beach Road
Pismo Beach, CA 93449 Pismo Beach, CA 93449
(805) 773-8558 (805) 773-8555
Manager: Yolanda Evans
FEDERAL ID NUMBER: 77-0419840 STATE ID NUMBER: 418-8523-7
RESALE PERMIT NUMBER: SR ARD 99684756
PERSONAL REFERENCES:
John Brown, Mayor Besty DeJarnette
City of Pismo Beach 661 Victoria Way
P.O. Box 3 Arroyo Grande, CA 93420
Pismo Beach, CA 93449 (805) 489-4613
(805) 773- 2422
Wan Boon, Chief of Police Peter Keith, Council Member
City of Pismo Beach City of Grover Beach
P.O. Box 3 865 Charles Street
Pismo Beach, CA 93449 Grover Beach, CA 93433
(805) 773-2208 (805) 489-7586
RECENT ACCOMPLISHMENTS:
Council Member, City of Pismo Beach(Current)
President, Pismo Beach Business Improvement Group (Last 4 consecutive years)
Chairman, Grover Beach Economic Development Council
Board of Directors, Grover Beach Chamber of Commerce
Member, Pismo Beach Chamber of Commerce
Member, San Luis Obispo County Visitor's & Conference Bureau
ATTACHMENTS:
1) State Board of Equalization, Seller's Permit
2) State Fund Worker's Compensation Certificate
3) General Liability Insurance Certificate
4) Commercial Credit References
5) "Rental Agreement", Release of Liability & Brochures
000083
Aman powered water craft-water...ating,yachting, fishing,&sports http://users.why.net/watercycle/
Available Now: WaterCycle! Dealer inquiry invited
' the only noninflatable boat that fits into a car
Pacific Products
} 4013 Brookway Drive
Fort Worth, Texas 76123
Tel/Fax: (817) 263-8053
Patent Pending
The Pacific Products' high performance WaterCycle - an innovative new concept in recreational
boating- is now available for average family to enjoy water activities on lakes, rivers, the ocean, or
marinas - any body of water- in an adventurous, healthy, and exhilarating new way (see picturel).
Aimed primarily at the average family, this sleek new paddle bicycle is light and compact enough
to be packed into a car, eliminating the inconvenience of roof racks and trailers. Its rigid
rotomolded pontoons are rugged, durable, and lightweight. The need to inflate the hulls is
avoided. It runs fast and can be assembled and launched in less than 5 minutes without tools see
icture2 . The WaterCycle is loaded with new ideas, innovative designs, and considerations for
customers. It is the only bicycle-like device for water activities, and there is absolutely nothing like
it on the market.
The WaterCycle can be used by virtually anyone, anywhere. The craft can be used for fun on
water, offshore fishing(see picture3l, sightseeing, expendition,yacht tending, and diving. It
combines the always enjoyable recreational activity of boating with the highly beneficial health
aspects of a low-impact aerobics workout. The WaterCycle is truly unique. It is loved by young
and old.
Here are the few unique features of WaterCycle.
• Cruise 6-7 mph, relaxed recumbent pedaling position
• Quick modular assembly, no tools needed
• Portable, light weight, packs easily into a car
• 3601 swivel seat, convenient rear access
• Superior stability and performance
• Forward and backward moving ability
• Can be used in waters as shallow as 6 inchs
• Adjustable to the riders leg length
Compared to a $2,000 personal watercraft, or a $5,000 plus Jet Ski, our$499.99 WaterCycle is
truly a bargain. We invite you to take the advantage of our introductory price
To order, please fill our CUSTOMER ORDER FORM now.
Last updated January 25, 1997
Pacific Products
000084
of 1 2/8/97 7:54 PM
CREDIT INFORMATION
Beach Cycle Rentals
150 Hinds Avenue # 18, Pismo Beach, CA 93449
Owner: William F. Rabenaldt
150 Hinds Avenue # 19
Pismo Beach, CA 93449
(805) 773-5918
Number of years in business: 3 (Opened May of 1994)
Have never filed bankruptcy or been held at fault in any lawsuit
Trade References:
Trailmate, Inc. Freetime Distributing
P.O. Box 1738 475 48 First Street
Oneco, FL 34264-1738 Solvang, CA 93463
(800) 777-1034 (805) 688-0091
Acct #: 8120 Acct. #: beacyc
Seattle Bike Supply Baja Bobs
7620 S. 192nd Street 1742 Manhattan Street
Kent. WA 98032 Grover Beach, CA 93433
(206) 251-1516 (805)481-4683
Acct. #: 113904 Acct. #: None
Earth & Ocean Sports BIC Sports
70 Airport Road 565 Bic Drive
Hyannis, MA 02601 Milford, CT 06460
(508) 778-5528 (203) 783-2500
Acct. #: 00040608 Acct. #: 10516
Bank:
Bank of Santa Maria
790 Price Street
Pismo Beach, CA 93449
(805) 773-8558
Yolanda Evans, Manager
Acct. # 160500255
000085
Dun &Bradstreet
Business Information ReportT"' �
Page 1 of 4
For: BILL RABENALDT 800 333 0505 February 18, 1997
DUN & BRADSTREET INC 6: 25 pm
This report is being sent to you free of charge. It should not be reproduced or redistributed
BUSINESS SUMMARY
BEACH CYCLE RENTALS DUNS: 94-148-1459 RATING EE2
150 HINDS AVE STARTED 1984
PISMO BEACH CA 93449 SIC NO. SALES $142, 600 (PROJ)
TEL: 805 773-5518 7999 WORTH F $30, 325
EMPLOYS 1
HISTORY CLEAR
FINANCIAL
WILLIAM RABENALOT, OWNER CONDITION STRONGSTATEMENT
DATE DEC 31 1996
CUSTOMER SER YLff
If you need any additional information, would like a credit recommendation, or
have any questions, please call our Customer Service Center at (800) 234-3867
from anywhere within the U. S. From outside the U. S. , please call your local
D&B office.
SUMMARY ANAL PSIS
The Summary Analysis section reflects information in D&B' s file as of
February 18, 1997.
RATING SUMMARY . .
The "EE" portion of the Rating (the Rating Classification) indicates
that the company has a worth from $20, 000 to $35, 000. The "2" on the
right (Composite Credit Appraisal ) indicates an overall "good" credit
appraisal . This credit appraisal was assigned because the payment
information in D&B' s file indicates that the majority of this company' s
obligations are retired satisfactorily and because of D&B' s "strong"
assessment of the company' s December 31, 1996, fiscal financial
statement.
Below is an overview of the company' s D&B Ratings) since 02/18/97:
RATING DATE APPLIED
------------
EE2 02/18/97
Provided under contract for the exclusive use of DUN&BRADSTREET INC. Copyri ght 1997 D&B I nc. V3.9
008
'ERTIFICATE OF INSURANCE : BEACCYI CSR LF 06/26/96
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
De Palma Insurance Agency DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Reseda Blvd. , Suite 106 POLICIES BELOW.
hridge CA 91324 -4041 --------- --------hridge
AFFORDING COVERAGE
818-9 9 3 -8 7 7 2 COMPANY
--------------------------------------------------------- A Calvert Insurance Company
-------------------------------------------------------------------
INSURED
COMPANY II
B j
---------------------------------- ---------------------------
l3each Cycle Rentals COMPANY
Bill Rabenaldt_-
1-50 Hines Ave . ---------------------------------------------------------
Pismo Beach CA 93449 i COMPANY j
D
> COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
---------------------------------------------------------------------------------------------------------------------------
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR DATE (MM/DD/YY) DATE(MM/DD/YY)
--- -------------------------------
----—-------------------- --------------- -------------- ----------------------------------I
GENERAL LIABILITY GENERAL AGGREGATE 2000000
A [X ] COMMERCIAL GEN LIABILITY PENDING 06/19/96 06/19/97 PROD-COMP/OP AGG. 2000000 j
[ ] CLAIMS MADE [X] OCC. PERS. S ADV. INJURY 1000000
( ] OWNERS'S S CONTRACTOR'S EACH OCCURRENCE 1000000
PROTECTIVE FIRE DAMAGE
[ 7 (ANY ONE FIRE) 50000
[ ] MED. EXPENSE
(ANY ONE PERSON) 5000
--- ------------------- -
AUTO1.10B1LE LIABILITY COMB. SINGLE LIMIT
( J ANY AUTO BODILY INJURY
] ALL OWNED AUTOS (PER PERSON)
7 SCHEDULED AUTOS
[ ] HIRED AUTOS BODILY INJURY
[ ] NON-OWNED AUTOS (PER ACCIDENT) i
( ] I
[ ] PROPERTY DAMAGE
--- ----------------------- --------------------------- --------------- -------------- ------------------- --------------
GARAGE LIABILITY AUTO ONLY (EA ACC)
f ] ANY AUTO OTHER / AUTO ONLY:
[ ] EACH ACCIDENT
( ] AGGREGATE
--- ---------- -------------------- --------------------------- --------------- -------------- ------------ --------------'
i
EXCESS LIABILITY EACH OCCURRENCE
( ] UMBRELLA FORM AGGREGATE
( I OTHER THAN UMBRELLA FORM
--- ------------------------------- ---------- -
WORKERS COMP. AND EMP. LIAB. ]STAT LIM [ ]0TH
THE PROPRIETOR/PARTNERS/ EL EA ACCIDENT
EXECUTIVE OFFICERS ARE: EL DISEASE-POL. LIM
[ ] INCL. [ ] EXCL. EL DISEASE-EA EMP.
--- --- --------'----------------- -------------------------- --------------- -------------- ----------------------------------
OTHER
A Property Pending 06/1.9/96 06/19/97 Contents 25000
I
-DESCRIPTION OF OPERATIONS/LOCATIONS/VEH]CLES/SPECIAL ITEMS--------------------------------------------------------------------
PHE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AND LANDLORD ON THE
ABOVE INSURED ' S POLICY.
CERTIFICATE HOLDER <____________________________________> CANCELLATION
C LAMM0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
The Clamdi ger Motel LEFT, BUT FAILURE TO MAIL SUC OTICE SHALL IMPOSE NO OBLIGATION OR
150 Hinds �ve . LIABILITY OF ANY KIND UPON T E OMPANY�AGENTS OR REPRESENTATIVES.
Pismo Beach CA 93449 -- -------- --------------
AUTHORIZED REPRESENTATIVE
ACORD 25-S (1/95)
00008'7
CALIFORNIA STATE BOARD OF EQUALIZATION
SELLER'S PERMIT
f ,
ACCOUNT NUMBER
4/17/1995 SR ARD 99684756
n44 PERAfT DOES NOT BEACH CYCLE RENTALS
AUT}iOPME TW IUDLDER
TO ENGAGE MV ANY WILLIAM FREDERICK RABENALDT
BUsoAm comnlARY TO 150 HINDS AVE.#18
LAM REGULA7 Mo THAT
BUSINESS OR To LPISMO BEACH, CA 93449 J
POSSIMS OR OPERATE
ANY R1,EG4 DEV1M
IS HEREBY AUTHORrmo PURSUANT TO&4Ln AND USE TAX LAW
TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL
PROPERTY AT THE ABOVE LOCATION
Abt Wid tt&W Ottw addnu
THIS PERMIT IS VALID UNTIL REVOKED OR CANCELLED BUT IS NOT TRANSFERABLE.IF YOU SELL YOUR BUSINESS,
OR DROP OUT OF A PARTNERSHIP,NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES
OWED BY THE NEW OPERATOR OF THE BU6INESS.
BT-"2444-2 REV. 10(640)
000088
IMPORTANT - THIS IS NOT A BILL. SEND NO MONEY UNLESS STATEMENT IS ENCLOSED.
STATE HOME OFFICE SAN FRANCISCO WORKERS' COMPENSATION ENDORSEMENT CERTIFICATE
COMPENSATION IN CONSIDERATION OF THE PAYMENT OF THE TOTAL DEPOSIT PREMIUM AND FULL PREMIUM TO BE COMPUTED AS PROVIDED
INSURANCE IN THE CONTINUOUS WORKERS' COMPENSATION POLICY INDICATED HEREON, IT IS AGREED THAT SUBJECT TO THE
N D PROVISIONS OF SUCH POLICY AND ENDORSEMENTS THERETO, THE EMPLOYER INDICATED HEREON IS HEREBY NAMED AS
ADDITIONAL GROUP INSURED EMPLOYER.
H INSURANCE IS EFFECTIVE FROM DECLARATIONS
2 : 01 A.M. , PACIFIC STANDARD TIME CONTINUOUS POLICY 373-96 ISSUED TO
7-01-96 TO 7-01-97 AND SHALL CALIFORNIA MERCHANTS SAFETY ASSOCIATION
UTOMATICALLY RENEW EACH 7-01
NTIL CANCELLED
UNIT 7377
BEACH CYCLE RENTALS DEPOSIT PREMIUM $535 . 00
150 HINDS AVENUE #18
PISMO BEACH, CALIF 93449 MINIMUM PREMIUM $475 . 00
PREMIUM ADJUSTMENT PERIOD SEMI-ANNUALLY
R SL
NAME OF EMPLOYER RABENALDT, WILLIAM FREDERICK
(AN INDIVIDUAL EMPLOYER AND NOT
JOINTLY WITH ANY OTHER EMPLOYER)
TRADE NAMES- BEACH CYCLE RENTALS
1 . WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE
WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA.
. 2. EMPLOYER' S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO
LIABILITY UNDER THE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR
LIABILITY INCLUDING DEFENSE COSTS UNDER PART TWO IS,
$1,000,000
CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 7-01-97
INTERIM
BASE BILLING
RATE RATE*
8017 STORES--RETAIL--N.O.C.
SPLIT RATES APPLY
7-01-96 TO 3-12-97 6.37 5.61
3-12-97 TO 7-01-97
•
TOTAL ESTIMATED ANNUAL PREMIUM $535 000089
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO AUGUST 19 , 1996 POLICY FORM L 1
BEACH CYCLE RENTALS
Activity Disclaimer and Waiver Agreement
"Participation during the rental period, whether or not I sign this form is evidence that the participant agrees to thib
terms and conditions of this Agreement"
Please read this Agreement carefully—' It is your acknowledgment that your participation
in the activities offered by Beach Cycle Rentals involves some risk of harm to you.
Among other things, it also acknowledges that you assume the risks involved and will be
totally responsible for taking those risks, for the cost of medical and rescue services and
for defending yourself in certain suits.
The Risks: I know I might be exposed to the risks of exposure to hypothermia or hypothermia; risks inherent in water
sports, such as drowning; risks of injury from collision with other kayaks, boats, structures or rocks, and from sea
animals such as sharks; and that I might be involved in an automobile accident on my way to or from this recreation.
The Release and assumption of risks: I the undersigned, acknowledge having read the foregoing I understand that
Beach Cycle Rentals activities involve risks of harm to myselL my companions and my property. I understand that this
description does not include all of the risks which I might encounter inap rticipating in Beach Cycle Rentals activities I
assume all of the ricks involved in ap r.ici' .ing in Beach Cycle Rentals activities whether or not I know that the risk
exists, By participating in a Beach Cycle Rental Activity I accept the responsibility to personally investigate the risks
involved and to make my own independent decision as to whether I am qualified to participate in the activity. I assume
full responsibility for determining the conditions of the water, land and weather before and during this activity, and t�
suitability of those conditions for any particular paddling or other activity. I understand that , in paying a rental fee,
that I do not presume anything different than described in this disclosure and waiver. I also understand that any claims
or representations regarding safety or other matters made by Beach Cycle Rentals are not binding on the Releasees.
I further release Beach Cycle Rentals, its owner, and each of its agents, associates, employees, heirs and estates
(collectively referred to as Releasees) from any and all claims and liability arising out of strict liability or negligence of
the releasees, or of any other person which causes the undersigned injury, death, damages, or property loss or damage.
I further agree not to bring any suit or other proceeding or hold them responsible for any injury to myself or my
property.
CONSENT TO RESCUE, MEDICAL TREATMENT AND PAYMENT THEREOF: I also understand that
among the risks inherent in these activities is that I may require rescue or medical treatment. I hereby agree that I
consent to any rescue, hospital care, or medical or surgical diagnosis or treatment to be rendered to me for any illness or
injury that might arise from my participation in Beach Cycle Rentals activities. I understand and agree that I am solely
responsible for all charges for such medical services and rescue operations. Nothing herein shall be deemed to obligate
Releasees to provide medical or rescue services.
I have carefully read this Agreement and understand its contents. I freely and voluntarily assume all the risks
and hazards arising from any of Beach Cycle Rentals activities in which I participate as a paddler, spectator or
guest or in any other way.
Printed name: Date:
Address: State: Zip:
Signature: Minors: Age: Age: Age:
000090
ACKNOWLEDGMENT OF PERSONAL RESPONSIBILITY:
PLEASE READ CAREFULL Y
INITIAL PARAGRAPHS I THROUGH 5 BEFORE SIGNING
T SUITS:Public showers are located in the rest rooms at the base of the pier. I will rinse suits and return RIGHT
1. WE P suit(s)
SIDE OUT.
Initials
2. I agree to inform Beach Cycle Rentals promptly of any damage to the equipment,damage to other property, injury to myself
or others resulting from the use of the rented equipment. I am responsible for the replacement or repair of lost,stolen or
damaged equipment.
Initials
3. 1 understand that any adjustments and/or modifications to the rented equipment must be performed by Beach Cycle Rentals.
Initials
4. I understand that the activity for which the equipment is rented involves the risk of injury. I agree to fully assume any and all
risk of injury involved in the use by me or others.
Initials
5. I have made no misrepresentation to Beach Cycle Rentals with regard to my age or physical condition.
Initials
AGREEMENT, WAIVER and RELEASE OF LIABILITY
I HEREBY ACKNOWLEDGE that I have read and understand all of the foregoing. I understand that I HAVE THE BURDEN OF
NTROLLING MY ACTIONS, INCLUDING USING THE RENTED EQUIPMENT IN SUCH A MANNER THAT I AM NOT
ANGER TO MYSELF OR OTHERS.
AS LAWFUL CONSIDERATION FOR,AND IN RECOGNITION OF being permitted to use Beach Cycle Rental's equipment,I
HEREBYAGREE that 1,my heirs, distributees,guardians, legal representatives and assignees will INDEMNIFYAND WAIVE,
DISCHARGE AND COVENANT NOT TO SUE or make claims against,attach the property,or prosecute Beach Cycle Rentals, its
owners or employees for injury or damages resulting from negligence or other acts,however so caused, by any employee of Beach
Cycle Rentals as a result of my use of rental equipment. I FURTHER AGREE TO INDEMNIFY Beach Cycle Rentals against all
claims filed by third parties injured and/or damaged by my use of rental equipment.
HA VE CAREFULL Y READ THIS AGREEMENT AND RELEASE OF LIABILITYAND FULLY UNDERSTAND ITS
CONTENTS:
RENTER'S SIGNATURE
SIGNATURE OF PARENT OR GUARDIAN
DATED:
PRINTED NAME:
ADDRESS/CITY/STATE/ZIP
BANANA BIKES: WET SUITS: BOOGIE BOARDS: OTHER:
Adult Sizes #'s
40ld
TIME OUT TIME IN
Cashier's Initials: AMOUNT PAID:$
000091
MEEnNG AGENDA
DA' _8-97 ITEM# c?.,,_.
DAvm K. SMITx
CERTIFIED PUBLIC ACCOUNTANT
5811 TRAFFIC WAY•P.O.BOX 6002
ATASCADERO,CALIFORNIA 93423
AT 91997
i,
TELEPHONE:(805)466.8800 _
FAX:(805)466-4947eA
March 24, 1997
Robert Grogan, City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Grogan:
The Auditor-Controller's Office for the County of San Luis Obispo has notified Atascadero
Waste Alternative, Inc., that they are recommending the Board of Supervisors approve a rate
increase for the Chicago Grade Landfill of$2.21 per compacted ton for all commercial
haulers, to be effective as of May 1, 1997. In their fax to the company dated March 14, 1997,
they represent that they have notified you directly as to their intent. I have spoken to Gere
Sibbach and he says he will be happy to help clarify any questions you may have.
The purpose of this letter is to insure that the Council is aware of the increase and to inform
them of the company's intention to adjust the rates charged for trash service within the limits
of the City of Atascadero as provided by paragraph 6 (B) of the Franchise Agreement
effective April 9, 1996.
To avoid as much confusion to the City customers as possible, the company plans to
implement this rate increase along with the annual CPI rate adjustment which was to be
effective for May 1, 1997. A copy of the CPI adjusted rates were previously provided to the
City Council. Please find enclosed the recalculated Service Rates For The City Of Atascadero
schedule to be put into effect May 1, 1997. The schedule provided for your information on
February 12, 1997, presented the calculations necessary to arrive at the rates as adjusted for
the CPI increase only. This schedule starts with the CPI adjusted rates in column (A) and
shows the adjustment required for the landfill increase as provided by formula in the Franchise
Agreement. The formula provided in the Franchise Agreement to adjust for county approved
landfill increases is:
prior twelve months tonnage from routes 16.107.82 tons
prior twelve months trash service revenue= $2,041,386 = 0.007891 tons/$ rev
tons/dollar revenue X tipping fee increase= $2.21 X 0.007891 = 0.01744 % change
% change X current rate=tipping fee rate adjustment
The above calculation allows the additional cost of waste disposal to be recovered. However,
to recover the additional costs of mailing notices to the�6,982 customers and the additional
franchise fees which will be paid to the City of Atascadero, two additional calculations are
required. It is estimated that sending the landfill increase notice mailers will cost the company
$698 in printing charges, $1,926 in postage.and $521 in additional labor, a total of$3,145.
The rate increment to recover the mailing costs will be:
mailing cost $3,145
prior twelve months revenue= $2,041,386 = 0.154%
Ou0092
Additionally, to provide for the franchise fee, the tipping fee rate adjustment, 1.744% plus
0.154%, must be multiplied times 1.05. For a total rate adjustment of 1.898% X 1.05 =
1.993%.
For example, the CPI adjusted rate for a 32 gal service is $20.15 for an eight week period.
This includes $18.30 for trash collection and $1.85 for recycling service. The necessary
adjustment would be 1.993% X $18.30 = $0.36. The new eight week rate would have to be
$20.15 + $0.36 = $20.51. Rounding to the nearest $0.05 would make the new rate $20.50,
including recycling charges.
The accompanying Service Rate Schedule column A on all four pages and column D on pages
one and two are the current rates as previously adjusted for CPI increases. Column C of page
one reflects the CPI adjusted rate for residential waste service only (recycling excluded).
Column E of all pages is the 1.993% landfill increase rate adjustment per the Franchise
formula and related costs. Column F on all pages is the raw computed new rates, each of
which includes the present rate, the curbside recycling rate (if applicable) and the landfill
increase adjustment. Finally, columns G and H are the new rounded rates to be put into effect.
The revised new rate includes both the CPI adjustment and the landfill increase adjustment.
I have moved the rate lines for"drive-in" and"walk-in" services which were previously
presented in the"To Be Billed Each Occurrence" section to the"Residential' section of page
1. It was pointed out that these are not one time charges, they are part of the normal service
options available for an additional fee.
Thank you for your consideration. Please call if I can answer any questions.
Yours truly, 0
Smith
Certified Public Accountant
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00009'7
MEETII�G8_97 AGENDA 3-A
DATE ITEM I
MEMORANDUM
TO: City Council
FROM: Roy A. Hanley, City Attorney
DATE: March 31, 1997
SUBJECT: Committee, Commission and Board Appointments
Recommendation:
Temporarily reappoint George Beattie, Barbara Butz and Victor Smart to the Parks and
Recreation Commission. Amend Resolution Number 02-95 revising procedures for
selecting committee, commission and board members; Adopt Ordinance No. 327
amending sections of the Atascadero Municipal Code to conform to such procedures.
Background:
In 1981 the City Council approved Resolution No. 35-91 adopting procedures for the
reference selections. In 1995 the City Council passed ordinance number 282, staggering
the terms of the various commission and board members. In 1995 the City Council also
adopted Resolution No. 02-95 amending the selection process to conform to State law.
This Council was presented with a report on the meeting of 1-28-97, outlining various
appointment methods available. The Council did not adopt any resolution on 1-28-97.
Discussion:
Government Code Sections 54970 through 54974 require: That Atascadero maintain an
appointments list with certain contents required; that the list be available to the public for
reasonable costs of duplication; and that certain time periods pass before an appointment
may be made. The Government Code does not require that appointments be made
exclusively from the list of applicants generated pursuant to section 54972 through 54975.
The Government Code does not establish any required procedure for appointment, i.e.,
majority vote, direct appointment, combination, or appointment by the mayor.
Staff recommends the amendment of Resolution 02-95 as attached. This procedure
allows: All interested persons, who qualify, to enter their own name in nomination; the
Councilmembers to make their own nominations; the Council to postpone selection if no
applicant or nominee receives a majority vote of the Council. This method of selection
preserves the current selection by majority vote process, keeps all current members in
their appointed positions, and yet allows for Councilmembers to make nominations and
allows the nomination process to be reopened in the event no majority vote is achieved for
an open position.
000098
Memorandum
March 31, 1097
Page Two
Current State law allows vacant seats to be appointed on an emergency basis. The
proposed Recreation Commission appointments can be made by majority vote of the
Council. The appointees will continue to serve until the recruitment period is complete.
Without such appointments the Parks and Recreation Commission will too often be unable
to meet for a lack of a quorum. Staff has been informed that the two planning
commissioners whose terms expired do not wish to serve as temporary commissioners.
No such temporary appointments have been recommended.
Staff recommends the adoption of Ordinance No. 327. These amendments make the
selection process of the Planning Commission, the Building Board of Appeals, and the
Parks and Recreation Commission conform with each other. In the event that future
appointments are not completed prior to the stated expiration dates, the appointees may,
at their own election, continue to serve until a new or reappointment is made. Future
changes to the method of selection may be accomplished by resolution only. This saves
six weeks of time.
000099
ORDINANCE NO. 327
AN ORDINANCE OF THE CITY OF ATASCADERO
AMENDING SECTIONS 2-9.02, 2-12.01, AND 2-13.03 OF
THE ATASCADERO MUNICIPAL CODE REGARDING
APPOINTMENT OF PLANNING COMMISSIONERS,
RECREATION COMMISSIONERS, AND MEMBERS OF
THE BOARD OF BUILDING APPEALS
WHEREAS:
1. Members of the Planning Commission, the Parks and Recreation
Commission, and the Board of Building Appeals serve at the pleasure of the City Council;
2. The City Council has previously set by resolution the method of selecting
members to all boards and commissions of the City of Atascadero;
3. Members of the above-mentioned commissions and board serve
staggered terms with defined termination dates;
4. It is not always possible to select a new appointee by the termination date
stated in the Municipal Code; and
5. The method of selection should be changeable without a new ordinance.
NOW THEREFORE, The City Council of the City of Atascadero does ordain as
follows:
SECTION 1. PURPOSE.
The intent and purpose of this ordinance is to allow members of boards and commissions
to serve until the end of the specified term, or the appointment of a successor, whichever
event is the last to occur, and to provide that future amendments to the method of selection
may be made by resolution only.
SECTION 2. PLANNING COMMISSION
Section 2-9.02 of the Atascadero Municipal Code is amended so that the last sentence of
said section shall read as follows: " All members shall serve at the pleasure of the City
Council and may continue to serve after expiration of the stated term until such time as the
City Council selects a successor."
•
1
000100
SECTION 3. BUILDING BOARD OF APPEALS
Section 2-12.01 (a) of the Atascadero Municipal Code is amended so that the second to
last sentence of said section shall read as follows: "Members of the board of Appeals shall
be appointed in the manner established by resolution for appointments, shall serve at the
pleasure of the City Council, and may continue to serve after expiration of the stated term
until such time as the City Council selects a successor."
SECTION 4. PARKS AND RECREATION COMMISSION
Section 2-13.03 of the Atascadero Municipal Code is amended so that the last two
sentences shall read as follows: " Vacancies on the commission shall be filled in the
manner established by resolution for appointments. All members shall serve at the
pleasure of the City Council and may continue to serve after expiration of the stated term
until such time as the City Council selects a successor."
SECTION 5. SEVERABILITY.
If any section, subsection or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining section, subsection and
clauses shall not be effected thereby.
SECTION 6. CONFLICTING ORDINANCE REPEALED •
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 7. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m. on the 31 st day after it is adopted. Within fifteen
(15) days after this ordinance is adopted, the City Clerk shall cause it to be published once
in a newspaper of general circulation published and circulated in the City of Atascadero.
SECTION 8. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of
Atascadero on April 8, 1997, and adopted by the following vote as an ordinance of the City
of Atascadero at a regular meeting of the City Council on April 22, 1997.
AYES: Councilmembers:
NOES: Councilmembers: •
2
000101
• ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
By:
Ray Johnson
Mayor of the City of Atascadero
Attest: Approved as to Form:
Marcia Torgerson, City Clerk Roy A. Hanley, City Attorney
SELECTord
•
3
000102
MEETING AGENDA
DATES—.-R.� REM Y 3-B
RESOLUTION NO. 02-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR
THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS
WHEREAS, 1. The Atascadero City Council recognizes that citizen participation
in local government plays an important and active role in the City of Atascadero; and
WHEREAS, 2. The Atascadero City Council has established committees,
commissions and boards to assist in the conduct of municipal affairs; and
WHEREAS, 3. The Atascadero City Council did adopt Resolution No. 35-81 on
November 9, 1981 establishing selection procedures for.committees, commissions and
boards; and
WHEREAS, 4. The Atascadero City Council did adopt Resolution No.. 02-95
revising Resolution 35-81, establishing selection procedures for committees,
commissions and boards; and
WHEREAS, 5. The Atascadero City Council desires to update and revise said
selection procedures; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. Purpose. The purpose of this resolution is to revise established
procedures for the Council to follow in recruiting, selecting and appointing members to
City committees, commissions and boards created pursuant to statute or by action of the
City Council. Appointments and replacements will be made pursuant to the provisions of
Government Code Section 54970 et seq., and the following.
SECTION 2. Recruitment Nomination. and Eligibility. Announcements of openings
for any committee, commission or board to which members are appointed by the City
Council will be coordinated by the City Clerk. Any person desiring to be considered for
appointment to any City committee, commission or board may complete an application
provided by the City Clerk. Applications are accepted year-round and shall remain on file
for a period of one year from the date received. Applicants may be considered for future
vacancies, for the specific committee, commission or board for which they applied, should
a vacancy occur during the year. At any regularly scheduled or a special council meeting
properly noticed for that purpose, any member of the City Council may also nominate a
person to be considered for appointment to any City committee, commission or board.
All applicants and nominees shall be a resident and registered voter of the City of
Atascadero, and shall meet any announced additional criteria as established by the City
000103
Resolution 02-97
Page Two
Council. All appointees are subject to financial disclosure, pursuant to the Political Reform
Act.
SECTION 3. Interviews. All applicant and nominees meeting the criteria established in
Section 2 may be interviewed by the City Council during a properly noticed meeting.
Interviews, if held, will be open to the public.
SECTION 4. Selection.
a. Council members will vote for the candidate(s) of their choice by placing
their name and circling the name of their selection(s) on a ballot form
provided by the City Clerk. Candidates' names will be placed in alphabetical
order on the ballot form.
b. After the City Council has had an opportunity to make its individual
determination, the City Clerk will collect the ballots and will announce first
the Councilmember's name and second the name(s) of the candidate(s) of
that Councilmember's choice(s). Results of each individual Councilmember
vote will be a matter of public record.
C. The candidate or candidates receiving a majority of the votes of the
Councilmembers present shall be appointed. In the event that no candidate
or candidates receive a majority vote or in the event of a tie vote, then a run-
off ballot or ballots will be cast, following the procedure of sub-paragraph a.
above. The run-off candidates will consist of all candidates receiving at least
two (2) votes and if not more than one of the candidates have received at
least two (2) votes, then all those receiving at least one (1) vote will
participate in the runoff balloting. This procedure shall be continued until a
majority vote is cast, or until a majority of the council votes to reopen
nomination. In such event the matter may be tabled until the next regularly
scheduled council meeting for further nominations.
On motion by Councilperson and seconded by Councilperson
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
000104
Resolution 02-97
Page Three
ADOPTED:
ATTEST: CITY OF ATASCADERO
BY:
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
ROY A. HANLEY, City Attorney
000105