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ATASCADERO CITY COUNCIL
tREGULAR MEETING
AUGUST 26, 1997
CITY ADMINISTRATION BUILDING
650 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Harold Ray Jerry Ken
Luna Carden Johnson Clay Lerno
This agenda is prepared and posted pursuant to the requirements of 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 the brief general
description of each item, the action that may be taken shall include: A referral to staff with
specific requests fc r information; continuance;specific direction to staff concerning the policy
or mission of th item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or,approval; and,
disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office Room 103), available for public inspection during City Hall business hours.
The City Clerk will answer any questions regarding the agenda.
In compGa ce with the Americans with Disabilities Act, if you need special assistance
to participate in a City meeting or other services offered by this City, please contact the City
Manager's Office, 805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification
at least 48 hours nor to the meeting or time when services are needed will assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
6:30 P.M. CLOSEDSESSION:
1. CONFERENCE ITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G.C. Sec.
54956.9(a) )
Name of case: Greene v. Atascadero
7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participation, back page)
CALL TO ORDER
PLEDGE OF ALLEGIA CE
ROLL CALL
COUNCIL COMMENT
COMMUNITY FORUM
A. CONSENT CALENDAR: Al/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 these 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 - May 27, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - June 10, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
3. CITY COUNCIL MINUTES - August 12, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
4. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of final
parcel map to create five airspace condominium units within three industrial
buildings currently under`construction (Gearhart/Cannon Associates) [Steve
DeCamp]
(Staff recommendation: Accept)
5. PAYMENT OF AUDITED BILLS AND PAYROLL - JULY, 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
6. RESOLUTION NO. 77-97 - Authorizing the execution of an agreement with Hope
Lutheran Church of Atascadero for lease of the Lake Pavilion on Sunday mornings
8/97 - 8/31/98 [Brady Cherry]
(Parks & Rec. Commission recommendation: Adopt)
7. RESOLUTION NO. 78-97 - Authorizing the execution of an agreement with Christ
the King reformed Episcopal Church for lease of the Rotunda Room on Sunday .
mornings 9/8/97 - 8/31/98 [Brady Cherry]
(Staff recommendation: Approve)
2
8. RESOLUTION NO. 83-97 Awarding a contract to Nelson/Nygaard Consulting
Associates for preparation of an implementation plan for fixed route transit service
[Brady Cherry]
(Staff recomme dation: 1) Adopt Short-Range Transit Plan as modified by citizen &
SLOCOG comm nts, and 2) adopt Res. 83-97)
9. RESOLUTION N . 84-97 - Authorizing certain City representatives to execute State
Office of Emergency Services Documents for certain financial assistance [Rachelle
Rickard]
(Staff recomme dation: Adopt)
B. PUBLIC HEARIN S:
1. CONSIDERATION OF REQUEST TO ADD "UTILITY FACILITIES" TO THE LIST OF
CONDITIONALLf ALLOWED USES IN THE DOWNTOWN COMMERCIAL ZONE AND
SUBSEQUENTL REMOVE AN EXISTING 65' LATTICE TOWER AND CONSTRUCT A
NEW 65' MONOPOLE FOR TELECOMMUNICATION SERVICES IN THE TOURIST
COMMERCIAL DOWNTOWN OVERLAY ZONE [Steve DeCamp]
A. Ordinance No. 333 - Amending the Zoning Ordinance text by adding "Utility
Facilities' to the list of conditionally allowed uses in the downtown
commercial zone (ZC 97004/Nextel Communications, Inc.) (Introduction &
first reading)
(Plannin6 Commission/Staff recommendation: Introduce on 1" reading)
B. Conditiotial Use Permit 97009
(Planning Commission/Staff recommendation: Approve based on Findings
and Revised Conditions of Approval)
2. REVISION TOT E 1995 CDBG PROGRAMS [Steve DeCamp]
(Note: This item was reviewed and approved by the City Council via Res. 11-97 on
2/11/97. The hearing is being held again to ensure compliance with the 30-day
notice requiredby federal guidelines)
A. Resolution No. 68-97 - Approving the reallocation of $5,000 in the 1995
CDBG al ocation from the Kids Daycare Program to the preparation of ADA
reports
(Staff recommendation: Adopt)
B. Resolution No. 69-97 - Authorizing the execution of an agreement with
Phillips Metsch Sweeney Moore Architects for preparation of the City's Self-
Evaluation and Transition Plan reports
(Staff re ommendation: Adopt)
3
C. REGULAR BUSINESS.
1. REFUNDING THE 1989 CERTIFICATES OF PARTICIPATION [Rachel% Rickard]
(Staff recommendation: Authorize refunding)
D. COMMITTEE REPORTS (The following represent standing committees. 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
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager •
4
RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
O Members of ti a audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
O Persons wishi g to speak should step to the podium and state their name and
address, fort the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member there f.
O No person sh II be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
O No one may s eak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
O Council Members may question any speaker; the speaker may respond but,
after the allott d time has expired, may not initiate further discussion.
O The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Communi y Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum f 30 minutes will be allowed for Community Forum, unless
Council autho izes an extension.
O State law dos not allow the Council to take action on issues not on the
® agenda; staff n7ay be asked to follow up on such items.
Agenda Item: A - 1
Meeting Date: 8/26/97
ATASCADERO CITY COUNCIL
MAY 27, 1997
MINUTES
5:30 P.M. - INTERVIEW SESSION:
Mayor Johnson called the Interview Session to order at 5:30 p.m.
ROLL CALL:
Present: ouncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: Islone
1. PLANNING COMMISSION
A. Interview & consider candidates
B. Select, by ballot, two citizens for appointment
C. Resolu ion No. 36-97 - Formalizing appointments
(Staff commendation: Adopt)
The City Council inte viewed the following applicants for the Planning Commission: Rush
Kolemaine, Alfred Clark, and Roberta Fonzi. Following the interviews, the City Council
selected, by ballot, Alfred Clark and Mike Arrambide (who had applied but was unable to
attend interview due to business commitment).
MOTION: y Councilman Luna and seconded by Councilman Carden to appoint
Ifred Clark and Mike Arrambide to terms of 3 years, 8 months on
he Planning Commission and formalized the appointments by
dopting Resolution No. 36-97.
otion passed 5.0 by a roll-call vote.
2. CITIZENS TRANSPORTATION ADVISORY COMMITTEE
A. Interview & consider candidates
B. Select, by ballot, one citizen for appointment
C. Resolu on No. 37-97 - Formalizing appointments
(Staff recommendation: Adopt)
The City Council inte viewed the following applicants for the Citizens Transportation
Advisory Committee: Richard Randise, Patrick Dempsey and Jennifer Hageman.
Following the interviews, the City Council selected, by ballot, Richard Randise.
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MOTION: By Councilman Luna and seconded by Councilman Carden to appoint
Richard Randise to a term of 2 years as Atascadero's delegate on the
Citizens Transportation Advisory Committee and formalized the
appointment by adopting Resolution No. 37-97.
Motion passed 5.0 by a roll-call vote.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Meeting to order at 7:10 p.m. and Councilman Clay 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: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney;
Chief Mike McCain, Fire Department; Capt. Fred Motlo, Fire Depart-
ment; Lt. Bill Watton, Acting Chief of Police; Lt. John Barlow, Police
Department; Steve DeCamp, Acting Community Development
Director;Brady Cherry, Community Services Director; Cindy Holton,
Deputy City Clerk; Rachelle Rickard, City Accountant
COUNCIL COMMENTS
Councilman Clay asked if the creek has enough water to pump into the lake to maintain its
level. Brady Cherry responded no. He commented on a memo he sent to the Council
regarding the City's receipt of $22,000 in FEMA funds to be used toward the repair of a
broken or blocked feeder pipe which connects the lake to the creek.
Councilman Clay reiterated an earlier statement encouraging the hiring of local persons to
fill police officer vacancies. Lt. Barlow responded that it is possible to do so, but qualified
local people need to apply.
At Mayor Johnson's request, the City Clerk Marcia Torgerson announced the names of
individuals selected earlier this evening (5:30 p.m. Interview Session) to fill vacancies to
appointed positions: Alfred Clark and Mike Arrambide (Planning Commission); Richard
Randise (CTAC).
COMMUNITY FORUM
Rush Kolemaine, Box 1990, expressed appreciation to the City Council for their consensus
to direct the City Manager to send a letter to the CA Postsecondary Education
Commission to reiterate the Council's continuing concerns regarding the Cuesta College
north county site selection. He encouraged the Council to direct that the letter reach the
Commission prior to their meeting on 6/9/97. Further, he advised that a group of citizens
disappointed with the site selection have initiated a petition campaign (see Exhibit A), and
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. over 100 signatures have been collected to date. He encouraged that the City Council's
letter be strongly worded to indicate that it does not support the location of the campus
outside City limits, with the exception of possibly Templeton. Bob Grogan indicated that a
letter can be ready foi signature by Thursday or Friday of this week. Further discussion
ensued, and the Mayc r deferred it until the end of the meeting under Individual
Determination.
Eric Greening, 7365 Valle, said he is still tracking the revised draft EIR for the Salinas Dam
project, which is still imminent but not yet available, to his knowledge. He noted that one
of the items which wi I be coming to the Council of Governments Board will be a county-
wide pavement maintenance and rehabilitation needs report, and he encouraged the
Council to review whE t he says is an uncommonly lucid government document. He
challenged placing a discussion of the Bates Bill at the end of the agenda, since he views
it as a hearing-type itE m. He encouraged that the Council restrict their discussion to
setting the hearing on y. They Mayor responded that a discussion on this will continue
under Item B-2
Leon Korba, Santa Ana Rd., asked Council to exercise caution before signing a letter
regarding the Cuesta College site selection in the north county. He suggested the City
stay neutral. He indicated that the newspapers and radio have publicized misleading
statements with respect to the decision of the site selection committee.
Josh Isham, 5150 Fresno, commented that he read in the paper of a $90,000 donation by
. someone to be used to build kids' recreational facilities, and he suggested a bike track be
funded with those monies. Brady Cherry was asked to speak to and get additional infor-
mation from Josh abo t the source of the money he read about.
Dennis Schmidt, 867E Santa Rosa Rd., asked the Council to consider the parking needs
near Paloma Creek Pa k, which are being considered by the Parks & Rec. Commission for
elimination. He commended the young man who spoke before him for bringing their issue
to the Council's atten ion.
--end of Community F rum--
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - February 3, 1997 (Adjourned Meeting) [Marcia
Torgerson]
(City Clerk recommendation: Approve)
2. CITY COUNCIL MINUTES - March 11, 1997[Marcia TorgersonJ
(City Clerk recommendation: Approve)
3. CITY COUNCIL MINUTES - March 19, 1997 (Special Meeting) [Marcia Torgerson]
(City Clerk recommendation: Approve)
4. APPROVAL OF WARRANTS - March, 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
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5. APPROVAL OF WARRANTS - April, 1997 [Rachel% Rickard] .
(Staff recommendation: Approve)
6. CITY TREASURER'S REPORT - March, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
7. CITY TREASURER'S REPORT - April, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
8. GENERAL PLAN AMENDMENT CYCLE - Initiation of General Plan amendments (3)
for 1 ST Cycle of 1997 [Steve DeCamp]
(Staff recommendation: Receive & file)
9. RESOLUTION NO. 38-97 - Approving the application for grant funds under the
Used Oil Recycling Block Grant Program for maintenance of the City's existing used
oil recycling program [Steve DeCamp]
(Staff recommendation: Adopt)
10. RESOLUTION NO. 41-97 - Authorizing the execution of an agreement with Jack R.
Bridwell for weed abatement services (Award of Bid #97-03) [Mike McCain]
(Staff recommendation: Adopt)
11. ORDINANCE NO. 324 - Amending Map 19 of the official zoning maps by rezoning
certain real property on Vista Bonita Ave. From RSF-Y(PD7) and RSF-Z(PD7) to RSF
and RSF-Z (ZC 96017) [Steve DeCamp]
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading by title only)
12. ORDINANCE NO. 325 -'Amending Section 9-3.151 of the Zoning Ordinance
relative to building setback requirements (ZC 97001) [Steve DeCamp]
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading by title only)
13. ORDINANCE NO. 326 - Amending Map 6 of the official zoning maps by rezoning
certain real properties at 5392 Barrenda Ave. from RMF/16 to RMF/16 (PD7) (ZC
96010) [Steve DeCamp]
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading by title only)
14. ORDINANCE NO. 329 - Providing for administrative citations, fines and hearing
procedures pursuant to Government Code Section 53069.4 [Roy Hanley]
(City Attorney recommendation: Motion to waive reading in full and adopt on
second reading by title only)
Steve DeCamp was asked to comment on Item A-8, so he provided a brief staff report.
Councilman Luna and Rush Kolemaine asked that Item A-10 be pulled, Councilman Carden
pulled Item A-8, and Doug Lewis asked that Items A-1 1 through A-14 be pulled.
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Motion: Ely Councilman Luna, seconded by Councilman Clay to approve Items
-1 through A-7 and Item A-9.
otion passed by 5.0 roll-call vote.
Re: Item A-8: Councilman Carden commented that general plan amendments usually
encompass discussior on the urban services line (USL) and sewer expansion. Past
responses to his inqui les about expanding sewer services have been that a sewer study
would be necessary but that cannot be done if it is outside the USL. He asked if a sewer
study is going to be done. Steve DeCamp responded that, as part of the EIR on one of
the proposed general plan amendments, an analysis of the capability to provide sewer will
be done. He noted that the Council has formerly indicated a desire to review the area in
total rather than do piece-meal extensions in the areas to the north on EI Camino Real and
west of the freeway. Councilman Carden asked that the Council discuss, as part of this
cycle, whether or not it wishes to pursue a study as part of the next general plan
amendment cycle. R lated discussion ensued. Brady Cherry indicated that staff will bring
back a preliminary report on the subject of sewer system expansion, including scope and
costs, for Council discussion.
Motion: Ely Councilman Carden, seconded by Councilman Clay to approve
Item A-8, with the addition of a sewer expansion study.
otion passed by 5:0 roll-call vote.
Re: Item A-10: Cou cilman Luna asked Chief McCain if Mr. Bridwell is aware of the
• minimum abatement distance requirements along roadways. Chief McCain responded that
he will review the subject with the Mr. Bridwell. He noted that grasses and nettles are
what is enforced on for abatement.
Rush Kolemaine aske if the Council will be able to tell people who are here for Item B-2
what their specific w ed abatement charges will be. Chief McCain responded that the
contractor's hourly c t is part of the staff report and a 100% administrative fee is
charged. He express d concern that certain plants within desired landscaping might be
abated in the process
Motion: By Councilman Luna, seconded by Councilman Carden to adopt Res.
No. 41-97. Motion passed by 5:0 roll-call vote.
Re: Items A-11 through 14: Resident Doug Lewis stated that he feels ordinances should
not appear on the consent calendar and requested that they be agendized under public
hearings. Mayor Johr son noted that all the proposed ordinances on consent have had
public hearings and ara on the agenda for second reading.
Motion: Ey Councilman Carden, seconded by Councilman Clay to approve
11 ems A-1 1 through 14. Motion passed by 5:0 roll-call vote.
Councilman Carden a ked if Item A-8 pertains to only the Land Use Element or all
elements of the General Plan. Steve DeCamp responded that any element of the GP
would be open for revision. Councilman Carden proposed that the Downtown Master Plan
portion of the GP come back for review. Related discussion ensued. Councilman Carden
clarified that he envisi ns the Downtown Master Plan being defined as the historic colony
downtown master pla i, so as to tie the definition to the history of the core downtown
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t
area. Steve DeCamp suggested that this topic be discussed at a joint session with the
Planning Commission. Councilman Carden concurred, however indicated he would still
like to place the subject within this GPA cycle.
Motion: By Councilman Carden, seconded by Councilman Clay to amend the
approved motion on Item A-8 to include a joint meeting with the
Planning Commission to review the Downtown Master Plan, as well
as a "bookmark" in the GPA cycle to possibly review the Master
Plan. Motion passed by 5:0 ro/%ca# vote.
B. PUBLIC HEARINGS:
1. APPEAL OF PLANNING COMMISSION DECISION REGARDING CONDITIONAL USE
PERMIT #97003, 6900 EL CAMINO REAL (Bonnema) [Steve DeCamp]
(Planning Commission/Staff recommendation: Deny appeal)
Steve DeCamp conveyed that staff has continued to meet with the applicant and have
come to concurrence on additional findings regarding the design of the building (see
Exhibit B). However, the item was noticed as a public hearing so it will take place as
scheduled. He then provided staff report and responded to questions from Council. Roy
Hanley recommended that, if the Council decides to approve the project with the proposed
conditions, the appeal be granted with the additional conditions (#'s 17 and 18) noted.
Councilman Clay noted for the record that he has visited the site and spoken with the
applicant. .
Public Comment
Chris Bonnema, P.O. Box 2217, Atas., indicated that he is happy with the staff report and
revised conditions of approval.' He noted that a lot of the project came from the Economic
Development Element, which came before the Planning Commission while he was a
member. He indicated he is willing to take the risk of moving forward and applying for a
building permit with the hope that the Council will approve a resolution at a later date
granting him an easement on the creek.
Greg Ravatt, 5245 Mercedes, project architect, thanked staff for the time and effort
expended in preparing the report on this item. He offered technical clarifications
pertaining to plans for complying with ADA requirements. He asked if the applicant can
expect other approval requirements, other than those of the City, to construct the decking
to the rear of the building within the creekway easement. Steve DeCamp responded that
there are no other agencies in granting an easement on the subject property. He noted
that the City is not going to grant an easement which may disrupt the riparian corridor,
thus Fish & Game has no involvement.
Joan O'Keefe, 9985 Old Morro Rd. East, feels the proposed structure looks like a
warehouse in a high-profile area of the City. She took issue with the changes to the
applicant's proposal during the process on this application, many due to original plans not
complying with City requirements.
Dennis Schmidt, 8675 Santa Rosa Rd., read excerpts of the Downtown Master Plan and
spoke in support of the proposed project. He suggested the Council consider refunding
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0 the applicant's appea fee.
Micki Ready, speaking on behalf of the Chamber of Commerce Board, conveyed their
100% support of the project and urged Council approval.
Rush Kolemaine, Box 1990, Atas., urged Council support, feeling the applicant has
diligently attempted to comply with the Downtown Master Plan.
--end Public Comment—
The Council expressed their consensus to favorably review the application for an
easement on the creekway relative to the project.
There was further Council discussion on Condition #17.
Motion: Ely Councilman Luna, seconded by Councilman Carden, to grant the
ppeal of the Planning Commission's approval of CUP 97003, subject
tD the additional Findings for Bonnema CUP (see Exhibit B), including
r visions to Condition #17 of the Conditions of Approval, which shall
mad as follows (added language in italics):
'Prior to final approval of the building, the applicant shall have
r corded an easement from the City to construct that work which is
- necessary (handicapped accessible ramp within a small portion of
Greek Reservation No. 4) to comply with UBC exit requirements or
ether approved exit requirements of the ADA."
otion passed 5:0 by a roll-call vote.
COUNC L RECESSED FOR A BREAK FROM 8:45 TO 9:02 P.M.
2. WEED ABATEMENT PROTEST HEARING [Mike McCain]
Mayor Johnson announced that Council will discuss Item F-2 before considering 2-A,
since the two are inter-related.
Chief McCain reviewed staff materials provided for Item F-2. He introduced Ben Stewart
of CDF and Capt. Fred Motlo of AFD, present to answer questions the Council might have
on this subject. Roy Flanley reviewed his portion of staff report, reiterating his stated
opinion that the City is in compliance with the Bates Bill.
Ben Stewart commented that he and former Atascadero Fire Marshal Mark Latham
performed the original survey which concluded that the City was in compliance with the
Bates Bill.
Lengthy discussion enSued. Councilman Luna reviewed excerpts from the Fire Chief's
staff report, with responding comments in italics below (see Exhibit C), and comments on
other requirements of Me City's weed abatement ordinance with which he disagrees
displayed on the overhead projector (see Exhibit D). Ben Stewart responded as to the
reasoning applied to s me of the requirements.
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The Mayor clarified with the City Attorney that what the Council can determine at this
meeting is 1) to proceed with the weed abatement ordinance as it is written, or 2) bring it
back with changes directed by the Council
Chief McCain introduced Paige Dougherty, a San Luis Obispo Fire Marshal and Atascadero
resident, who has a 22-year background in fire service, the last 10 in prevention. Mr.
Dougherty noted he spent 3 years managing the wildland management division of the
Orange County Fire Authority, which he noted has a significant wildland interface
problem, and he has been involved in the Bates legislation. He feels the City's current
weed abate-ment program alternatives are reasonable and he outlined several reasons. He
expressed the opinion that the entire City area is in a very high fire hazard severity zone,
and he reviewed the City's fire hazard rating, noting the rating form evaluates the areas of
fuel, topography, dwelling density and weather. He feels the Bates Bill was a reaction to
the Oakland fire and is an example of poor legislation.
Related Council discussion ensued. Councilman Luna clarified that his main concern is
that the ordinance be written in a clear manner based on what the Fire Department
actually enforces in terms of abatement, which Chief McCain clarified are grasses and
weeds.
Public Comment
Joan O'Keefe, 9985 Old Morro Rd. East, commented that she doesn't think most people
believe we are in a high fire hazard area. She thanked the previous speaker for his
description of our area and expressed that education is very critical to the community.
Eric Greening, 7365 Valle Ave., shared Councilman Luna's hope that the ordinance be
written to reflect what is actually enforced. Procedurally, he feels the Bates Bill
discussion should be advertised and addressed in a public hearing forum. He expressed he
is in favor of the weed abatement process that is carried out each year and supports the
agendized protest hearing being held.
Additional discussion between Council and Chief McCain took place. Capt. Motlo sum-
marized what he does when contacted by citizens with questions about their particular
property and conveyed that the department makes an effort to survey those parcels and
spend time with residents to educate them as to how to protect their homes and property.
City Clerk Marcia Torgerson read into the record a letter from Sid Bowen, 5550 Cascabel
Rd., expressing his views on the City's weed abatement policy (see Exhibit E).
--end Public Comment—
City Council consensus was to bring back the weed abatement ordinance for
review before next year's abatement process is commenced. There was also
consensus to concur with the Fire Chief's recommendation to leave the 100'
minimum abatement requirement in place as the ordinance currently states.
Chief McCain encouraged that ideas for verbiage amendments be directed to the Fire
Department.
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A. Resolution No. 25-97 - Declaring weeds a public nuisance and establishing
procedures for the abatement of said nuisances.
(Staff recomm ndation: Adopt)
There was no public comment under the weed abatement protest hearing.
Motion: Ely Councilman Lerno, seconded by Councilman Carden to adopt Res.
5-97. Motion passed by 5.0 roll-call vote.
3. ORDINANCE N . 330 - Consideration to amend Zoning Ordinance text to allow
parking lots foi commercial uses within high density multiple family zones as
conditionally al owed uses (Zoning Ordinance Amendment 96-015) [Steve
DeCamp]
(Planning Commission/Staff recommendation: Motion to waive reading in full and
introduce on fi st reading by title only)
Steve DeCamp provided staff report and responded to questions from Council.
Public Comment
Tim Roberts, civil eng neer representing Mike Niven, owner of Adobe Plaza, commented on
the concept of constricting an employees-only parking lot in the plaza on the lot which is
between and to the re r of Carl's Jr. and Adobe Plaza, fronting on Santa Ysabel St,
recognizing that the specific project is not before the Council tonight. They have worked
for a year on a plan arid intend to submit an application for a CUP as soon as possible,
should Council approve this ordinance. He noted that Condition #6 will be difficult to
comply with; the own r would like to get the parking lot in as soon as possible, as the
Christmas shopping Season typically begins in mid-October.
Additional lengthy discussion between Council and staff ensued concerning possible
options for the properly as it relates to the conceptual plan of the owner.
Motion: Councilman Luna, seconded by Councilman Lerno to waive the
reading of Ord. 330 in full and introduce it on first reading by title
o ri ly. Motion passed by 4:1 roll-call vote, with Councilman Carden
"ssenting.
Motion: By Councilman Luna, seconded by Councilman Lerno to continue the
rrieeting past 11 :00 p.m. Motion passed unanimously.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 42-97 - Authorizing the Interim City Manager to accept the U.S.
Department of Justice COPs Universal Hiring Grant [Bill Watton]
(Staff recommendation: Adopt)
. Bill Watton made brief staff report and responded to questions from Council. Staff was
directed to draft a letter to the grant writers (former Chief McHale and Support Services
Manager) expressing the Council's gratitude for their successful receipt of the grant.
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Public Comment
Doug Lewis, resident, asked for clarification on the costs to the City over a 3-year period.
Acting Chief Watton responded that, aside from uniform costs, there will be no costs
incurred by the City for the 3 new officer positions.
--end Public Comment—
Motion: By Councilman Luna, seconded by Councilman Carden to adopt Res.
42-97. Motion passed by 5:0 roll-call vote.
2. RESOLUTION NO. 40-97 - Approving an Arts-In-Public-Places Policy for the City of
Atascadero [Brady Cherry]
(Staff recommendation: Approve proposed policy)
Brady Cherry asked for continuance of this item to the next regular meeting, due to the
fact that a letter to the ad hoc citizens committee who worked on the'policy inviting them
to this meeting was not sent out as intended because of his lack of clerical support.
Council continued this item to the next regular meeting.
3. RESOLUTION NO. 39-97 - Rescinding of Business License renewal season in !
October to the original two seasons in June and December [Brady Cherry]
(Staff recommendation: Adopt)
Brady Cherry provided staff report and responded to questions from Council.
There was no public comment.
Motion: By Councilman Carden, seconded by Councilman Clay to adopt Res.
39-97, including amending the language in the resolution to reflect
one renewal period during the month of December. Motion passed
by 5:0 roll-call vote.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
S.L.O. County Mayors Group - Mayor Johnson reported the Mayors group met last week
and determined issues which will appear on the 6/5/97 all cities joint councils meeting.
The public is encouraged to attend.
S.L.O. Council of Governments/S.L.0. Regional Transit Authority - Councilman Carden
reported that the last meeting was a workshop on the Regional Transit Authority budget
and expenditures, which was very informative.
City/School Committee - Has not met. Bob Grogan indicated that a meeting will be
scheduled in the near future.
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Page 10
• Economic Round Table - Mayor Johnson reported that, at the ERT's 5/21/97 meeting,
Steve DeCamp had pr vided an informative report on projects and hopeful industrial
development.
Finance Committee - Meets Thursday to discuss the preliminary budget.
Integrated Waste Management Authority - Councilman Luna reported the IWMA met last
week. At his request, there will be a pilot program to include apartment houses in the
recycling events; hen ted that apartments only recycle 10%, thus an effort will be made
in Atascadero toward a 50% reduction.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Carden asked the City Manager to look into the redevelopment
authority that the City of Arroyo Grande is pursuing. Bob Grogan indicated he would do
so and report back. R y Hanley noted that he will be meeting with a south county City
Attorney, Mr. Rupp, on Saturday to discuss redevelopment since it is a mutual issue.
Councilman Luna requ sted that the fire severity zone maps be brought back when the
ordinance is brought back in order to resolve the issues of how the various zones in the
City are rated.
Councilman Clay expressed his feeling that there should be strong language in the letter to
the Postsecondary EdL cation Commission (PEC) concerning the City's opinions about
Cuesta College north ounty site. There was discussion about the contents of the letter.
The consensus of the ajority of the Council was to convey that the site selected is not
viewed as advantageous to Atascadero, but should it be chosen, Atascadero would like to
be the location for a distance learning center. Councilman Luna asked that he be faxed a
copy of the letter sent by former Mayor George Highland to the PEC.
Mayor Johnson conve ed that he has been asked by a couple of members of the public to
tighten down the publ c comment portion of the meeting so discussion is not carried
beyond the specific issue being commented on. He asked for the Council's cooperation in
terms of minimizing conversation which results with staff when the public brings issues
up so as not to lengthen the public comment period, yet still giving the public every oppor-
tunity to speak.
City Attorney - Roy Hanley reported on the status of the sign enforcement survey. Over
50% of the businesses who received notices of non-compliance have voluntarily complied.
A second survey will be done, and second letters will be sent out, so the process is con-
tinuing.
City Clerk - Marcia To gerson reported that the Council's interviews of Parks & Rec.
Commission applicants will be scheduled to commence at 6:00 p.m. prior to the 6/10/97
meeting. Applicants to the Community Services Foundation (CSF) and Board of Appeals
will be scheduled prior to the 6/24 meeting. Councilman Carden suggested changing the
charter regarding the i ake-up of the CSF before going forward with the recruitment. His
intent is to encourage the recruitment of persons with particular backgrounds who may
have effective connections to make the Foundation's fund-generating efforts more
CC 5/x7197
Page 11
successful. Related discussion ensued. Councilman Carden was encouraged to work with
the City manager to explore possibilities of how to seek the desired membership. Based
on the discussion, Marcia Torgerson said she will schedule Board of Appeals interviews
only and postpone the CSF interviews until the issue of membership is resolved.
City Manager - Bob Grogan reported on legislative updates and indicated he will continue
to keep the Council posted on legislation which affects the finances of the City. He asked
how many of the Council can attend the 6/5/97 joint councils meeting; all five members
indicated they plan to attend. Mayor Johnson asked Mr. Grogan to attend as well.
Councilman Carden asked Bob Grogan if there has been any follow-up action taken after
the developers meeting held recently at the Pavilion. Mr. Grogan said he received a report
on Friday which will be sent out to those who attended. He reported that the encroach-
ment ordinance has been circulated and there have been few comments; the water
company did have some comments, however. He will provide a recap of issues raised and
staff's response. Steve DeCamp had related comments about questions raised regarding
the permit fee structure.
F. STATUS OF CITY COUNCIL REFERRALS:,
1. Tree Ordinance - Steve DeCamp reported that the Tree Ordinance and
implementation guidelines have been distributed to the Council, per direction at the last
meeting. Councilman Lerno suggested there be an ad hoc committee review of the
ordinance. Mr. DeCamp suggested that ANTA be charged with doing such a review. The •
Mayor directed staff to come back with recommendations on how best to handle a
review, given the lateness of the meeting.
2. Review of Bates Bill compliance - Discussed under Item 2-A.
G. ADJOURNMENT:
THE CITY COUNCIL WILL ADJOURNED AT 11:43 P.M. TO A SPECIAL MEETING
OF THE CITY COUNCILS OF SAN LUIS OBISPO COUNTY AT 7:00 P.M. ON JUNE
5, 1997 AT THE CLIFFS HOTEL IN SHELL BEACH. THE COUNCIL WILL MEET IN
CLOSED SESSION AT 3:00 P.M. ON FRIDAY, JUNE 6, 1997, IN THE 4T"FLOOR
CLUB ROOM CONCERNING THE EXECUTIVE FIRM'S RECRUITMENT FOR THE CITY
MANAGER.
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
PREPARED BY:
•
CINDY L. HOLTON, Deputy City Clerk
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Page 12
CITY COUNCIL MINUTES
5/27/97, EXH. "A"
PETITION
The undersigned citizens, voters and taxpayers herewith petition the elected trustees of Cuesta
ollege and the California Postsecondary Education Commission to recognize the public interest
among the 25,500 citizens of Atascadero in the location of a satellite campus facility equally distant
between North County's major urban centers, in the Templeton area, and call on these bodies to
comply with such site criteria as was established in 1991 .
Signature Address
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Printed Name City/Zip
Signature Address
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Printed Name City/Zip
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Signature Address
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Printed Name city/rip
Signature Address
Printed Name City/Zip
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Signature, Address
Printed Name City/Zip
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j
Signature Address
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Printed Name City/Zip
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Signature Address
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Printed Name City/Zip
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j Signature Address
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Printed Name City/Zip
Signature Address
Printed Name City/Zip
Signature Address
anted Name city/zip
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NOTE: One signature per line. T return or replace signed petitions prior to 25 May 97 please call 466-8200.
CITY COUNCIL MINUTES
5/27/97, EXH. "B"
Additional Findings for Bonnema CUP
A. Add the following sentence to Finding #1:
• Project approval will further General Plan goals by
attracting people and new business to the downtown
area.
B. Add the following sentence to Finding #6:
Guidelines for the design of new construction in the
Downtown Master Plan have been considered and have been
balanced with the Plan's downtown revitalization goals
and the business-attractive policies of the Economic
Development Element.
Additional Condition(s) for Bonnema CUP
A. Re-write Condition #2 as follows:
The exterior stone material around the base of the •
buildings shall be replaced with stucco and that stucco
treatment shall be incorporated into the covered
entryways that face the parking lot and Atascadero
Creek. Columns at the entryways shall have a plaster
finish. In addition, awnings shall be placed on the
flower shop.
B. Re-write Condition #3 as follows:
This approval includes all signs proposed with the
exception of the sign on the rear wall (west-facing
wall) of the microbrewery/restaurant building. If the
applicant chooses to use the awning on the flower shop
for a sign in lieu of the wall sign, that is also
approved. Any free-standing monument sign or freeway
sign proposed in the future shall undergo separate
review.
CHY COUNCIL MINUTES
5/27/97, EXH. "C"
The Fire Chief has established the following requirements.
9tting of weeds shall a to a height of 4 inches or less.
Most property owners ssume that weeds equals grass only. It does not.
The entire City is not a very high fire hazard severity zone. Yet, this notice is
sent to (almost) all pr erty owners.
Parcels smaller than acres.
Parcels smaller than three acres shall be completely mowed of noxious
weeds. where terrain, rocks, etc., make it impractical to mow completely, the
minimum requirement will be; 50' roadside clearance starting from the edge
of the improved road ay, 50' perimeter cuts and firebreaks(cross cuts), 100'
clearance around struclures., and 10' driveway cuts on each side.
The State requiremen s in very high fire hazard severity zones are 30 feet
and structures (with exceptions).
e State and Uniform Fire Code require 10 feet along roadways.
The abatement donethe City does no more than 10 feet along roadways
and ignores perimeters.
Parcels larger than o equal to 3 acres.
Parcels 3 acres or larger shall have an effort made to mow noxious weeds
as much as possible, the minimum requirements will be; 50' roadside clearance
starting from the ed of the improved roadway, 50' perimeter cuts and
firebreaks (cross cuts), 100' clearance around structures, and 10' driveway cuts
on each side.
Even the minimum requirements are ignored by most citizens (including
myse o — 50'perimet r cuts and firebreaks (cross cuts) — Get real ?!
0
CITY COUNCIL MINUTES
5/27/97, EXH. "D"
Reasons for changes to the process which minimize the-
mandated cutting to that required by the State:
1 .The focus of any weed abatement/fire safety ordinance
should be on structure protection. Beyond the minimum,
citizen's can be educated how (and encouraged) to best
protect their homes from wildfires.
2.The more clearing that is mandated the more fires get
started, (see Atascadero News May 7, 1997 and the
statistic that 40% of fires in SLO County were equipment
caused.)
3 .It is curious that the property owner is held liable for the
costs of fire suppression if in the process of complying
with the City's mandate a fire starts.
4.If the City requires (and if necessary abates) shrub
removal around structures and along streets beyond the
minimum, an argument can be made that this is a
regulatory taking and requires compensation.
5.The present over-cutting threatens oak regeneration since
seedlings and small oaks are destroyed even though they
will never threaten structures.
6.The more vegetation removal is mandated on steep
hillsides, the larger becomes the City's liability for erosion
and mud slides.
7.This Ordinance is not enforced or enforced selectively,
thus there is a disrespect for the City's Ordinances.
CITY COUNCIL MINUTES 0 u R
5/27/97, EXH. "E" MAY 2 7 1997 �
Y
To Atascadero City Cou icil CITY CLERKS OFFICE
Unfortunately I will be out of town for Tuesday's City Council Meeting. Please read this letter into the
record during the portior of the Council meeting addressing the current weed abatement policy in our city.
As some of you may recall I spoke to the City council on this issue 2 years ago. I conducted a brief
investigation into the ba is for our city's weed abatement policy. In the process of this investigation I
contacted CDF for guidance into reasonable abatement policies. What I encountered was not surprising.
First off, in the words of our own enforcement officer,the standards that we adopted were arbitrary. They
were not supported by a y degree of research or fire science.They did not,and still do not,reflect the
guidance provided by state agencies to individuals who opt to live in areas susceptible to wildland type
fires.
We now have,in the Bat s Bill,a set of standards that have resulted from careful study of the need for
rational protection against wild fire while minimizing the unnecessary expense and environmental damage
resulting from an excessive abatement policy. There is no longer a rational justification for continuing with
our current excessive and arbitrary policy. __.-- y »—
As a property owner I h, or more than a little resentment toward a policy that requires me to abate nearly
3 acres of my 3 '/2 acre p cel.There is no consideration for the location,geometry, or topography of a
parcel in today's policy. or is there consideration for the different abatement methods available to retard
the spread of fire. Mowit g,Disking,and Defoliating produce significantly different results.
As a minimum I believe hat the city should be held accountable to the electorate for adopting fair and
reasonable policies especially when said policies put a physical and financial burden on the citizens.Please
take this opportunity toe Kercise reason. At a minimum ask the Fire Chief to provide published scientific
justification for his curre it policy. This will be enlightening.
Sid Bowen
5550 Cascabel Rd. Atascadero
Agenda Item: A- 2
Meeting Date: 8/26/97
ATASCADERO CITY COUNCIL •
JUNE 10, 1997
MINUTES
5:30 P.M. - INTERVIEW SESSION:
Mayor Johnson called the Interview Session to order at 5:34 p.m.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk
1. PARKS & RECREATION COMMISSION
A. Interview & consider candidates
B. Select, by ballot, three citizens for appointment
C. Resolution No. 43-97 - Formalizing appointments
(Staff re ommendation: Adopt)
The City Council interviewed the following applicants for the Parks & Recreation
Commission: Barbara Butz, Gail Kudlac, Maree Whitten, Richard Randise and George
Beatie. Following the interviews, the City Council selected, by ballot, George Beatie,
Barbara Butz and Gail udlac.
MOTION: B Councilman Luna and seconded by Councilman Clay to appoint
eorge Beatie, Barbara Butz and Gail Kudlac to terms of 4 years on
tt e Parks & Recreation Commission and formalized the appointments
b adopting Resolution No. 43-97.
otion passed 5:0 by a roll-call vote.
2. BUILDING & CONSTRUCTION BOARD OF APPEALS
A. Interview & consider candidates
B. Select, t y ballot, one citizen for appointment
C. Resolution No. 45-97 - Formalizing appointment
(Staff recommendation: Adopt)
The City Council inter iewed the following applicants for the Building and Construction
CC 6/10/97
Page 1
Board of Appeals: Jim Melvin and Steve McManus. Following the interviews, the City
Council selected, by ballot, Jim Melvin.
MOTION: By Councilman Luna and seconded by Councilman Clay to appoint
J m Melvin to a term of 4 years on the Building and Construction.
B and of Appeals and formalized the appointment by adopting
RL-solution No. 45-97.
otion passed 5.0 by a roll-call vote.
CLOSED SESSION:
CONFERENCE WITH LABOR NEGOTIATOR (G.C. Sec. 54957.6)
Agency negotiator: Roy Hanley
Employee organizations: Mid-Management/Professional, Atascadero Fire Captains,
Atascadero Firefighters, Atascadero Sergeants Service Organization, Atascadero Police
Officers Association, Atascadero Public Safety Technicians Organization, Service
Employees Intl. Union Local 817, Confidential Employees
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G:C. Sec. 54956.9)
Initiation of litigation: One potential case (Colony Roads)
7:00 P.M. - REGULARSESSION:
Mayor Johnson called the Regular Meeting to order at 7:07 p.m. and Councilman Luna led
the Pledge of Allegiance.
ROLL CALL:
Present: C uncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: R Bert Grogan, Interim City Manager; Roy Hanley, City Attorney;
Lt Bill Watton, Acting Chief of Police; Doug Davidson, Senior
Planner; Brady Cherry, Community Services Director; Cindy Holton,
D13pUty City Clerk; Rachelle Rickard, City Accountant; Claudia Collier,
Z o Curator
COUNCIL COMMENTS
Councilman Luna commented on his urging of one year ago that the City use recycled
paper products. He has obtained a case from the IWMA and suggested it be tried in the
City's copy machines. He asked for Council support of its use in order to set an example
CC 6/10/97
Page 2
for the community.
Mayor Johnson noted that IWMA staff spoke at the joint SLO County city councils
meeting on 6/5/97 regarding the Central Coast Recycling Market Development Zone.
Councilman Luna referred to and commented on Consent Item A-7.
Councilman Carden announced the 2nd Atascadero Wine Festival will be held July 25' &
26th and proceeds will benefit the Paddock Zoo. He urged Council members to attend.
Councilman Clay reported on his, Emile LaSalle's and Rush Kolemaine's attendance at a
meeting of the California Postsecondary Education Commission yesterday in Sacramento.
He expressed disappointment in the Commission's lack of attention to a petition and a
number of letters from Atascadero citizens protesting the north county Cuesta College site
selection. He has requested that the Commission return the item to the committee to
reconsider alternate sites and that they postpone their decision for six months. He
encouraged people to continue to voice their opinion as the project still has to go through
the EIR process.
PROCLAMATION:
• "California Special Olympics Law Enforcement Torch Run Day", June 16, 1997 [SLO
Co. Special Olympics]
Mayor Johnson read the above proclamation, which was presented to Acting Chief
Watton. He urged public attendance at a ceremony to be held at the Police Department on
June 16th
COMMUNITY FORUM ^
Dennis Schmidt, 8675 Santa Rosa Rd., commented that there is a discussion on alter-
natives within the EIR on the north county Cuesta site. CEQA requires that viable,
feasible alternate locations are explored. He noted that whoever Paso Robles selects as
their EIR consultant will likely have Paso's interests at heart. He cautioned the Council to
look closely at the alternatives chosen and focus comments on the EIR toward those alter-
natives.
Eric Greening, 7365 Valle, agreed with the comments of the previous speaker. He
encouraged that citizens provide input on traffic circulation and air quality concerns. He
reported that the Revised Draft EIR on raising the Salinas Dam is now out and available for
review. The time for written comments extends until July 24`h, and a public hearing is
scheduled for July 9th, 7 p.m. at the Pavilion.
Councilman Clay asked Roy Hanley if the City can have input on who Paso Robles selects
as their consultant for the Cuesta site EIR. Mr. Hanley responded that the lead agency
will be able to choose who drafts the EIR. He said he is not sure what stage of
environmental review the site selection is at—whether the EIR will be supplemental to an
earlier study or whether a complete report will be required. Other than exercising our free
speech rights, the City does not have much influence over their consultant selection.
CC 6/10/97
Page 3
Dennis Schmidt spoke again and said that it will be interesting to see who becomes the
lead agency on the no th county site project—Cuesta College could (vs. the City of Paso
Robles. If it is Paso Robles, they have a list of preferred EIR consultants from which to
choose.
Eric Greening spoke again and recollected that the EIR Paso Robles did was on the zoning
for the property. He assumes the lead agency is the state.
A. CONSENT CALENDAR
1. CITY COUNCIL MINUTES - March 25, 1997 [Marcia Torgerson]
(City Clerk recommendation: Approve)
2. CITY COUNCIL MINUTES - April 16, 1997 [Marcia Torgerson]
(City Clerk reco mendation: Approve)
3. FINAL PARCEL MAP 96001, 4055 EL CAMINO REAL - Consideration of a final
parcel map to s bdivide a 0.55-acre parcel into three (3) lots of'10,500 sq. ft.,
6850 sq. ft and 6,850 sq. ft. (Grummitt/Volbrecht Surveys) [Doug Davidson]
(Planning Commission/Staff recommendation: Approve)
4. FINAL PARCEL MAP 92004, 8785 ATASCADERO AVE. - Consideration of a final
• parcel map to d vide one 1 .34-acre (gross) lot into .55 and .50 acres net
(Johnson/Centr, l Coast Engineering) [Doug Davidson]
(Planning Comn lissionlStaff recommendation: Approve)
5. FINAL TRACT AFIAP 14-89, 8625 ATASCADERO AVE. - Consideration of a final
map to subdivic e a portion of two existing lots (13.9 acres total) into 23 one-half
acre parcels for single-family residential use (Iverson/Central Coast Engineering)
[Doug Davidsonj
(Planning Commission/Staff recommendation: Approve)
6. RESOLUTION NO. 46-97 - Authorizing execution of an agreement with Steve
Robinson, D.V. ., for veterinary services at the Charles Paddock Zoo [Brady
Cherry]
(Staff recommendation: Approve)
7. RESOLUTION N . 44-97 - Clarifying approval of the City's participation in the
Central Coast R,-cycling Market Development Zone [Doug Davidson]
(Staff recommendation: Adopt)
8. ORDINANCE NO. 330 - Amending Section 9-3.173 and Section 9-4.120 of the
Zoning Ordinance text regarding the creation of and standards for parking lots for
commercial uses located within multiple family zoning districts (ZC 96015; Niven)
[Doug Davidson
(Planning ComrnissionlStaff recommendation: Motion to waive reading in full and
adopt on second reading by title only)
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Page 4
Mayor Johnson noted the need for staff to list the applicants and agents on development
projects so as to alert the Council of potential conflicts of interest. Roy Hanley said that
staff has been directed to watch for conflicts so they, too, can assist in reminding the
Council members if they suspect a potential conflict.
Councilman Carden conveyed he will abstain from voting on Item A-2, since he was not
present at the 4/16/97 Council meeting.
Motion: By Councilman Luna, seconded by Councilman Clay to approve Items
A-1 through A-8. Motion passed by 5:0 roll-call vote, 4:0 on /tem A-
2 (Councilman Carden abstaining).
B. PUBLIC HEARINGS: [None scheduled]
C. REGULAR BUSINESS:
1. RESOLUTION NO. 47-97 - Authorizing execution of a first amendment to
agreement with Laidlaw Transit Services, Inc., extending the term of the existing
agreement /Brady Cherry]
(Staff recommendation: Adopt)
Brady Cherry provided staff report and responded to questions from Council.. He noted
that, in addition to contents of staff report, ridership is at a peak where if the City decides
to continue the dial-a-ride service, additional services or buses will be needed. Jan
Almquist of Laidlaw responded'to question of Councilman Luna that approximately 30%
of the riders are students, although a decline in ridership during the summer has not been
experienced.
Public Comment
Eric Greening, 7365 Valle Ave., commented on the use of the bus system by students and
suggested the City discuss a possible joint sharing of expenses with the school district for
the purchase of an additional bus, thus sharing the benefits as well.
Motion: By Councilman Carden, seconded by Councilman Luna to adopt Res.
47-97. Motion passed by 5:0 roll-call vote.
Councilman Carden said he would like the City to be in a position to consider using
SLORTA as the lead agency. Brady Cherry indicated he has a meeting will Alan
Cantrell of SLORTA this Thursday to discuss potential partnerships, management
agreements and service. Councilman Carden envisions a regional service which
would result in ultimate costs savings to the individual agencies and minimize
bureaucracy. •
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Page 5
2. RESOLUTION AlO. 40-97 - Approving an Arts-In-Public-Places Policy for the City of
Atascadero (coit'd from 5/27/97) [Brady Cherry]
(Staff recommendation: Approve proposed policy)
Brady Cherry provided staff report. There were no questions from the Council.
Public Comment
Susan Beatie, 10025 1 Camino Real, thanked everyone for the time and effort put into
this policy and expressed satisfaction with Brady Cherry's proposal. She surprized Lon
Allan of the Atascadeno News with flowers to thank him for his positive support of the
arts.
Eric Greening, 7365 Valle Ave., thoroughly agreed with the comments of the previous
speaker concerning the proposed policy and urged adoption.
Motion: By Councilman Carden, seconded by Councilman Luna to adopt Res.
4 -97. Motion passed by 5:0 roll-call vote.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
S.L.O. County Mayors Group - Mayor Johnson reported on the County Mayors Meeting,
held today, where last Thursday's joint councils meeting was reviewed. The cities are
forming a committee to look at road revenue for road maintenance. Today they discussed
the make-up of said committee and it was agreed there should be, from each city, one
councilmember (likely the mayor or appointed COG representative), one staff member, the
city managers or designees, Ron DeCarli of SLOCOG, two supervisors and a member of
County Counsel. He Elicited Council's support to appoint Councilman Carden to the
above committee. The City's participants need to be faxed to the City of Grover Beach.
S.L.O. Council of Gov e nments/S.L.O. Regional Transit Authority - Councilman Carden
reported there will be a transportation funding workshop on 6/18/97 from 9:00-12 Noon
in the County Library's Community Room. He will have the City Clerk copy the agenda to
the full Council. Also, he commented that a listing of grant application due dates are
included in the COG agendas once per month. He proposed that staff, once a month as
part of a staff meeting, review the list for any applicable grants.
Finance Committee - C uncilman Luna reported the committee has met twice since the
last Council meeting to discuss the budget.
Air Pollution Control District - Councilman Clay reported the group met but intermittently
lacked a quorum due tc one member coming and going from the meeting to another which
was being held concurr ntly. There were some actions taken to remove some outdated
items regarding the pollution regulations. He noted the APCD meets the morning
following many of the dity councils' meetings, which affects attendance.
Ad Hoc Regional Water Management Committee - Councilman Clay reported the most
recent meeting was car celled, but a subcommittee met to discuss how well tests in the
county should be done.
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Page 6
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Clay reiterated his disappointment in how the community's
comments were received by the CA Postsecondary Education Commission regarding the
Cuesta College site selection. He committed to being more receptive and to review items
received from the public on issues coming to the Council.
Councilman Carden reiterated his announcement of the 2"d Annual Atascadero Wine
Festival on June 26-27.
Councilman Luna asked that a review of development fees be placed on the City Council
follow-up request form. Bob Grogan noted that fees are being reviewed as part of the
study of AB 1600, and Roy Hanley said a report should come forward before the end of
the summer.
Councilman Lerno expressed displeasure with the Acting Community Development
Director for the length of time it is taking for the City to report back to developers, as
promised, following the developers meeting held a few months ago. Bob Grogan
responded that he received a report from the Director last week and took responsibility for
the delay in dis-eminating it. He explained that he planned to add some information about
processing to the report, and he has been fully involved in the budget.
Councilman Clay commented that he has had people ask him when the report from the
developers meeting will be out. In addition, he commented on the importance of allowing
the public to have an additional time to speak, following their initial allotment under public
comment, again noting his displeasure with how the CA Postsecondary Education Com-
mission (PEC) conducts their hearings, with no added time for rebuttal comments. He
commended Emile LaSalle and Rush Kolemaine for taking the time to make well-prepared
presentations to the PEC.
Mayor Johnson noted the need for a budget workshop. There was consensus to meet for
a review prior to the 6/24/97 meeting, commencing at 5:30 p.m.
Mayor Johnson reminded the Council to bear in mind that, when speaking in public
individ-ually, each member has the right to represent their individual opinion, and he
cautioned them not to represent the Council as a whole, unless it reflects an official action
or vote of the full Council. Related discussion ensued, and it branched into the full
Council's ex-pressed views on the Cuesta College north county site selection.
Councilman Luna commented on a letter from Jack O'Connell regarding a proposed split of
the 805 area code. He asked that staff prepare a resolution for Council consideration at
their meeting of 6/24/97 reflecting the Council's desire to keep the area intact. Bob
Grogan indicated he received input from mainly Police and Fire, who would like to keep
the western portion of the three 805 area counties together, due to mutual aid
relationships.
City Attorney- Roy Hanley reported that he contacted Jim Rupp, City Attorney for
Solvang and Grover Beach, regarding redevelopment, who will be putting Roy in touch
CC 6/10/97
Page 7
with the attorneys that handled the redevelopment for Grover Beach and will assist in
enlisting their help for a cost the City can afford. He hopes to bring back a proposal for
how to advance the City's redevelopment process before the end of summer.
City Clerk - Marcia TorE erson reported that all committee/commission vacancies are filled,
with the exception oft the Community Services Foundation; the Council has yet to deter-
mine how to handle th se vacancies. She announced tonight's appointments to the Parks
& Rec. Commission (George Beatie, Barbie Butz and Gail Kudlac) and Board of Appeals
(Jim Melvin).
City Manager - Bob Grogan reported on legislative action regarding SB 880, which will
release property tax monies back to cities from counties.
THE ME TING ADJOURNED AT 8:30 P.M. TO THE CLOSED
SESSION ADVERTISED AT THE BEGINNING OF THE AGENDA.
MINUTES RECORDED BY:
MARCIA M. TORGERS N, City Clerk
PREPARED BY:
A
CINDY L. HOLTON, Deputy City Clerk
CC 6/10/97
Page 8
Agenda Item: A- 3
Meeting Date: 8/26/97
ATASCADERO CITY COUNCIL
AUGUST 12, 1997
MINUTES
6:30 P.M. - CLOSEDSESSION:
1. CONFERENCEWITH LABOR NEGOTIATOR (G.C. Sec. 54957.6)
Agency negotiator: Roy Hanley
Employee orga izations: Mid-Management/Professional, Atascadero Fire Captains,
Atascadero Firefighters, Service Employees Intl. Union Local 620
Closed Session was adjourned at 6.52 p.m.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:02 p.m. and Councilman Carden
led the Pledge of Allec iance.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: N arcia M..Torgerson, City Clerk
Staff Present: R bert Grogan, Interim City Manager; Roy Hanley, City Attorney;
S eve DeCamp, Acting Community Development Director; Brady
C erry, Community Services Director; Lt. Bill Watton, Acting Police
C ief; Mike McCain, Fire Chief; John Neil, Assistant City Engineer;
R ichelle Rickard, City Accountant.
COUNCIL COMMENTS
Councilman Luna stated that a member of the community has made scurrilous comments
about his FPPC disclosure statement. He explained that this citizen claims that
Councilman Luna shou d disclose his salary from Cal Poly. Councilman Luna wanted to
make it clear that Cal Poly is a State institution and that the Government Code Section
82030 states that reportable income does not include salary received from a state
government agency (see Exhibit A).
Councilman Lerno stated that he wanted to clarify that he asked the Council to review the
tree ordinance and thal it had nothing to do with Joan O'Keefe or Kelly Gearhardt. He
explained that he doesn't feel the tree ordinance is working for the purpose and intent that
it was established. Co ncilman Lerno said that he thought the tree ordinance could be
simplified and yet secu a the preservation of the healthy urban forest that enhances the
value of life, clean air, and soil conservation.
Councilman Clay announced that on October 1, 1997, the Atascadero School District, the
Atascadero Youth Task Force and the City are going to start a youth program. It will
operate from 3:00 p.m. to 6:00 p.m., 5 days a week. The School District has committed
$6,000, the Youth Task Force has committed $6,000 and they're expecting some money
from the City also. It will be called REC (Recreation, Education and Counseling).
Councilman Carden asked Brady Cherry if the REC was a budgeted item. Mr. Cherry
responded that it is not a budgeted item. He recommended that it be considered at the
mid-year budget or through some special action of the City Council
Mayor Johnson announced that he has asked the City Manager to give a report at the end
of the meeting concerning the EI Camino Real roadwork problems that occurred last week
and how we are going to deal with these types of problems in the future. He also wanted
to thank Brady Cherry and others on the City staff who assisted in resolving the problem
caused by the contractor incorrectly notifying all businesses that EI Camino Real was
going to be closed for 2 days during the repairs. Councilman Carden agreed.
COMMUNITY FORUM
Eric Greening, 7365 Valle, stated that the County's Lake Nacimiento EIR is now available
and the comment period will run well into September. He suggested that the City Council
put it on their agenda in the beginning of September for their review. Mr. Greening also
announced that another important EIR coming up is the final EIR on the 3-year Cuesta
Grade construction. He stated that there will be huge traffic impacts during the
construction and he urged the Council to review the mitigations proposed. Mayor
Johnson asked staff to look at the Lake Nacimiento EIR and come back to the Council
with any concerns. Roy Hanley, City Attorney, responded that he and Gary Kaiser had
already begun to review the document and will keep the Council informed.
Richard Moen, 4200 Portola Road, stated that he had been at a Council meeting in
January, 1997 regarding the need of the paving of Portola Road. He explained that he
was told at that meeting that it"was going out to bid soon. He asked for an update on the
City's progress. John Neil, Assistant City Engineer, responded that it is a budgeted item.
and it will go out to bid next spring. He explained that there are portions that are going to
be overlaid in the next few weeks under the minor road ro improvement ram. Mr. Moen
P program.
asked if all of Portola was going to be re-paved. Mr. Neil answered that the original
project was to overlay Portola Road from Carmelita and Ardilla. He explained that he
wasn't sure if there is sufficient funds in the budget to complete that large of segment.
Mr. Neil stated that when the plans are further along, the matter will be submitted to the
Council and the limits of thej
roect will be decided at that time.P e Mr. Moen asked the
Council to drive Portola Road before any decisions are made.
--end Community Forum--
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - April 22, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - May 13, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
CC 08/12/97
Page 2
3. CITY COUNCIL MINUTES - June 5, 1997 (Joint SLO County City Councils) [Marcia
Torgerson]
(City Clerk's recommendation: Approve)
4. CITY COUNCIL MINUTES - July 8, 1997 [Marcia Tor erson.
9 I _
(City Clerk's recommendation: Approve)
5. CITY COUNCIL MINUTES - July 16, 1997 (Closed Session) [Marcia Torgerson]
(City Clerk's recommendation: Approve)
6. CITY COUNCIL MINUTES - July 22, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
7. CITY COUNCIL MINUTES - July 28, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
8. CITY TREASURER'S REPORT - June, 1997 [Rudy Hernandez]
(City Treasurers recommendation: Review & accept)
9. PAYMENT OF AUDITED BILLS AND PAYROLL FOR JUNE, 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
10. RESOLUTION NO. 79-97 - Adopting the annual spending limit for Fiscal Year
1997/98 and amending the annual spending limits for Fiscal Years 1994/95,
1995/96 and 1 S 96/97 [Rachel% Rickard]
(Staff recommendation: Adopt)
11. FINAL PARCEL MAP 96017, 3255 ARDILLA RD. - Final approval to divide one 5.78
acre parcel into two parcels of 2.89 acres each for single-family residential use
(Hjortland/Gearh rt/Wilson Surveys) [Steve DeCamp]
(Planning Comm"ssion/Staff recommendation: Approve)
12. RESOLUTION NO. 81-97 - Authorizing the execution of an agreement with Bank of
Santa Maria for an ATM in the Police Department lobby
[Lt. Watton]
FISCAL IMPACT None
(Staff recommendation: Approve)
13. RESOLUTION NO. 80-97 Authorizing the execution of an agreement with San
Luis Obispo County for Animal Control Services [Lt. Watton]
(Staff recommendation: Adopt)
14. ORDINANCE NO-
331 - Amending Chapter 2 of Title 11 (Subdivision Ordinance) of
the Municipal Co a delegating to the Planning Commission the authority to
approve, conditionally approve or disapprove tentative tract and parcel maps
[Steve DeCamp]
(Staff recommen ation: Motion to waive reading in full and adopt on second
reading by title o /y)
15. ORDINANCE NO 332 - Adding Chapter 15 to Title 7 of the Municipal Code
pertaining to enc oachment permits [Steve DeCamp]
(Staff recommen ation: Motion to waive reading in full and adopt on second
reading by title o /y)
CC 08/12/97
Page 3
Councilman Lerno pulled #A-1 1 because he will need to step down due to a conflict of
interest concerning Mr. Gearhart. Councilman Clay pulled #A-13 for more information.
Councilman Luna pulled #A-3 and #A-14.
MOTION: By Councilman Carden and seconded by Councilman Luna to
approve items #A1,2,3,4,5,6,7,8,9,10,12, and 15.
Motion passed 5.0 by a roll-call vote.
RE: Item A-3: Councilman Luna pointed out that on page 6 of the Joint Cities meeting,
the top line states that Councilmember Lerno supported the motion. He explained that he
had supported the motion. Marcia Torgerson, City Clerk, stated that she would notify the
City Clerk of Pismo Beach and that she would correct our copy.
MOTION: By Councilman Luna and seconded by Councilman Carden to approve
Item A-3.
Motion passed 5:0 by a ro/%caO vote.
RE: Item A-11:
MOTION: By Councilman Luna and seconded by Councilman Clay to approve
Item A-11.
Motion passed 4:0 by a roll-call vote[Counci/member Lerno
abstained]
RE: Item A-13: Councilman Clay asked why the $5,000 for spay/neuter was removed.
He also asked if, in the long run, it doesn't cost us more money not to spay and neuter.
Lt Bill Watton, Acting Police Chief, responded that it is a good idea to spay/neuter but
suggested that it could be studied during the mid-year budget review. Councilman Luna
commented that he has always supported spay/neuter and said that he feels it is pound
foolish not to support it. He stated that he knows we had budgeted $5,000 for spay
neuter last year and asked why'it was cut this year. Lt. Watton answered that he
believes that the $5,000 was cut last year also. Councilman Luna stated that last year
we budgeted for the $5,000 and asked why we didn't spend it. Rachelle Rickard, City
Accountant, answered that she would have to look into that question and get back to
him. Mayor Johnson confirmed with staff that item A-13 is a separate issue from the
55,000 issue. Lt Watton stated that the Council can vote on item A-13 and still review
the issue of the $5,000 at a later date. Mayor Johnson asked staff to bring the
spay/neuter issue back to Council at the mid-year budget review.
PUBLIC COMMENT
Daphne Fahsing, 5105 Llano Road, urged the Council to approve the allocation of the
$5,000 for spay/neuter now. She explained how by delaying the spay/neuter program we
incur more costs in the future with more euthanasions. She pleaded with the Council to
make this a priority.
Eric Greening, 7365 Valle, commented that he agreed with Ms. Fahsing.
-end.Public Comment—
Councilman Clay stated that he felt it is poor economics not to include the $5,000. Roy
Hanley, City Attorney, stated that the Council cannot take any action to add the $5,000
since it is not on the agenda. He explained that the Council could ask staff to bring the
CC 08/12/97
Page 4
issue back to you at a future meeting.
MOTION: By Councilman Carden and seconded by Councilman Clay to approve
It em A-13.
otion passed 5:0 by a roll-call vote.
RE: Item A-14: Coun 11ilman Luna announced that he pulled this item so that he could
vote no.
MOTION: BV Councilman Carden and seconded by Councilman Clay to approve
It m A-14.
otion passed 3:2 by a roll-call vote, with Councilmembers Lerno
aj id Luna opposed.
B. PUBLIC HEARINGS: No items scheduled.
C. REGULAR BUST ESS: No items scheduled.
D. STATUS OF CITY COUNCIL REFERRALS:
1. TREE 0RDINANCE/GUI DELI NES REVISION PROCESS [Steve DeCamp]
(Staff recommendation: Establish ad hoc advisory committee)
Steve DeCamp gave a nef staff report. He stated that problems have been identified by
members of the Counc I, staff and the public. Mr. DeCamp went on to.say that the
implementation guideli es seem to be the root of the problems. He said that staff is
prepared to review the ordinance and guidelines and bring back suggested changes for
public hearing to the C uncil. He suggested that if the Council chose to create an ad hoc
committee to review the tree ordinance, he would recommend it be comprised of a
Councilmember, Planni g Commissioner, Native Tree Association, and 2 at-large members.
Councilman Carden st ted he does not agree with developing an ad hoc committee
because he feels that Each of the Councilmembers have an idea of what they would like
to see in the tree ordin ince. He asked that the Council be given a date certain by which
they would need to provide input to staff; then staff would provide a report to the Council
which would include t e Council's recommendations.
Councilman Luna agreed with Councilman Carden. He stated that he is only aware of 2
complaints concerning the tree ordinance; 1) trees in the Colony Roads right-of-way and
2) the question of why a developer has to pay for the trees they remove. He pointed out
the example of the Ard Ila Road project. He stated that in that case, the courts dictated
what had to happen. Fie went on to state that if we had not had a tree ordinance that
had some mitigation measures, then the negative mitigated declaration for that project
would have been an environmental impact report, which would have been much more
costly for the develope . Councilman Luna also said that he was not opposed to planting
replacement trees off-site in appropriate areas.
Mayor Johnson agreed with Councilmembers Carden and Luna. However, he felt that it
needs some clarity to avoid confusion.
Councilman Clay statec that trees are an important asset to Atascadero but that he's not
opposed to removing a tree for construction. He stated that he agreed with
Councilmembers Carden and Luna.
CC 08/12/97
Page 5
Councilman Lerno stated that he agreed with Councilman Carden. He thinks people don't
really understand the tree ordinance. He would like to see a policy of paying into a tree
fund rather than planting replacement trees.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, expressed his hopes that the Council will submit their
own suggestions for changes rather than an ad hoc committee. He also said that he
hoped the Council would include the public in the process.
Eric Greening, 7365 Valle, stated that he agrees with Councilman Carden's proposal.
He said that what's needed here is not to re-invent the wheel, but to find where it
squeaks. He stated that the existing tree ordinance is sound but might need some fine
tuning.
City Clerk, Marcia Torgerson, read into the record a prepared statement of James
Patterson, Certified Arborist, 9312 N. Santa Margarita Road (see Exhibit B). He expressed
his feelings that major revisions of the tree ordinance are unnecessary and could
undermine the effectiveness of the ordinance. He went on to state that the overall
integrity of the document should be preserved.
--end Public Comment--
Council discussion ensued.
There was Council consensus that the Council will submit their comments concerning
areas of concern in the Tree Ordinance to staff before the September 23'd Council
meeting. Staff will also review the ordinance and will come back to Council with
recommendations based on their review and Council comments.
E. COMMITTEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman Carden
reported that SLOCOG had it's tri-annual process audit and came out with flying colors.
Air Pollution Control District - Councilman Clay reported that he attended their workshop.
Ad Hoc Regional Water Management Committee - Councilman Clay reported that the
North County Water Resource Task Force had a meeting on 8/7/97.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Carden stated that he has had more discussions with Supervisor Ryan
regarding the zoo. He said that Mr. Ryan is asking that we come up with a
creative proposal (i.e. JPA, MOU). Brady Cherry responded by explaining that he
had sent Mr. Ryan a letter, signed by the Mayor, earlier this year with no response.
He stated that Atascadero did receive $20,000 from the County this year but
understands that it was a one-time payment. Mayor Johnson asked that staff
continue to look into this issue.
CC 08/12/97
Page 6
Councilman Carden also stated that he brought up with Supervisor Ryan the
concept of look ng at the North County Government Center. He said that the City
of Paso Robles s attempting to float a concept of the need, whether the County is
planning on a North County Government Center or not. He explained that it may
be a case of thE City of Paso Robles marketing a concept before there is a need.
He stated that lie would like to see Atascadero come up with a concept now rather
than waiting and being too late.
Councilman Luna stated that the Cuesta Traffic Management Plan Committee, of
which he is a member, is who resurrected the North County Government Center
together with t e tele-commuting concept because of the 3-year construction
coming up on C esta Grade. He agreed with Councilman Carden that Atascadero
needs to get in olved now. Mayor Johnson asked staff to put this issue on the
Council request list.
Councilman Cla said that he wanted to follow-up on what he said at the beginning
of the meeting about the REC. He stated that our youth are our most important
product. He th n said the $6,000 for the REC reminds him of the $5,000 for spay-
neuter, as it will save us money in the future. He expressed his pleasure that Mr.
Cherry will be Winging this issue to the Council during the mid-year budget review.
Mayor Johnson announced that the League of California Cities Annual Conference
is October 12' 14`x'. He explained that the Council needs to appoint a delegate for
voting purposes at the conference. He asked who was planning on attending.
CouncilmemberE Clay and Carden said they were attending, along with Mayor
Johnson. Councilman Clay suggested that it should be Mayor Johnson and Mayor
Johnson accepted. Mayor Johnson appointed Councilman Clay as the alternate.
Mayor Johnson also announced that Wade McKinney, the new City Manager, is
trying to put tog ther a date for a Council/City Manager workshop. He asked that
the Council revi w their calendars and come up with a date. The Council decided
on Wednesday, 3eptember 10`h. Staff will contact Mr. McKinney, confirm the date
and notice the Council.
2. City Attorney
Mr. Hanley explained that he will be receiving the last 3 signatures on the
settlement agreement between Richard McHale and the City of Atascadero within
the next few days. At that time, the document will be effective and available to the
public.
3. City Manager
Mr. Grogan repo ted on the problems with the EI Camino Real roadwork that took
place last week. He stated the contractor delivered an erroneous notice to the
businesses along EI Camino Real stating that EI Camino Real would be closed for 2
days. As a result, many business owners were upset and called the City and
Councilmembers to complain. Brady Cherry and John Neil contacted the contractor
and had them arrange to close driveways for only 5 minutes at a time. The
feedback from the business owners, once Mr. Cherry and Mr. Neil intervened, was
positive. They Were glad to see road improvements taking place as long as access
to their businesses wasn't cut off. Mr. Grogan stated that we are going to review
our contract procedures and will not allow contractors sending out erroneous
notices to the public; they will have to be reviewed by Mr. Cherry and/or Mr. Neil.
CC 08/12/97
Page 7
Future contracts will have language specifying acceptable noticing procedures. Mr.
Cherry is writing a letter to the Chamber of Commerce, which they will print in
their next newsletter, explaining the situation. Mr. Grogan also wanted to
commend Mr. Cherry and Mr. Neil for their quick response to the problem.
Mr. Grogan reported that the State Budget as adopted includes $100 million for
COPS. Atascadero will receive approximately $58,000.00. He explained that
ERAF is definitely not getting the support it needs. The League is considering a
constitutional amendment to protect our existing sources of revenue that we
receive from the State without being in the budget battle every year. From that
point, they would try to create a coalition to do an initiative themselves. The $.01
sales tax is still being discussed.
Mayor Johnson announced that he will be out of state tomorrow through Sunday and
Mayor Pro Tem Carden will be available.
Mayor Johnson adjourned the meeting at 8. 17 p.m.
RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
ATTACHMENTS: Exhibit A - Copy of Overhead - Councilman Luna (Council Comments)
Exhibit B - Prepared Statement, James Patterson, Certified Arborist
CC 08/12/97
Page 8
ATASCADERO CITY COUNCIL
August 12, 1997 MINUTES
EXHIBIT A
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DEFINTIONS § 82030
Ch. 2
... pension program paid by any person other than an employer, and including any
community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of
any business entity or trust in which the individual or spouse owns, directly, indirectly or
beneficially, a 10 Percent interest or greater. "Income," other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done
business within the jL risdiction during the two years prior to the time any statement or
other action is required under this title.
(b) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4 (commencing with
Section 84100).
(2) sa_ laa and re mbursement for expenses or per diem received from a State,
local, or federalov rnment a enCand reimbursement for travel expenses and per
diem received from a bona fide educational, academic, or charitable organization.
E
ATASCADERO CITY COUNCIL
AUGUST 12, 1997 MINUTES
EXHIBIT B
James Patterson Certified Arborist
WC-0663 International Society of Arboriculture
9312 N. Santa Margarita Road, Atascadero, CA 93422 (805) 466-2645
Mayor Ray Johnson and Members of the Council,
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422 August 12, 1997
Mayor Johnson and Members of the Council,
I would like to address the issue of the Tree Ordinance/Guidelines review
process which I understand the Council is considering. As an ISA Certified
Arborist, I have had the opportunity to participate in seminars and conferences
throughout the state that deal with urban forest issues. My tendancy has been to
focus on oak woodland issues. Having witnessed the problems encountered by
more densely populated areas relative to forest/tree protection, I feel fortunate
to live in a community that has had the foresight to protect our urban forest
while we still have one. Those who think our ordinance is too restrictive need
only review ordinances from communities who have previously consumed their
forests for a dose of how expensive tree protection and/or replacement can be.
I worked closely with Lisa Schicker, former City Arborist, as she drafted
the current ordinance/guidelines. She made every effort to fashion a document
that was in the community's best interest. She took direction from the Planning
Commission, City Council and community and molded it into a policy that I feel
has served us well.
As an arborist, I have written tree protection plans, reviewed and
commented on development documents and consulted with City staff on tree
issues. I have encountered problems with the tree ordinance/guidelines but have
found these problems to be more the result of inconsistant administration and
implementation than with the ordinance itself. While some minor adjustments in
the current policy may be in order, I feel that major revisions are unnecessary
and could undermine the effectiveness of the ordinance. Any review authorized
by the Council should be balanced and focus on areas specifically identified as
needing attention. The overall integrity of the document should be preserved.
question whether a complete review of the ordinance is even necessary.
Problems that I am aware of could be readily resolved at the staff level. The
Council should move cautiously and carefully in reviewing and revising the
Native Tree Ordinance/Guidelines.
cerely,
James Patterson
REPORT TO CITY OUNCIL
ITY OF ATA CAD RO Agenda Item: A-4
Through: Robert F. Grogan Meeting Date: 08/26/97
Interim City Manager
File Number: TPM 96015
Via: Steven L. DeCamp
Acting Community Development Director
From: Gary aiser, Associate Planner G_-Z
SUBJECT:
Consideration of Final Parcel Map 96015 for the creation of five
(5) airspace condominium units within three (3) industrial build-
ings currently under construction. Subject site is located at 5075
Traffic Way. (Kelly Gearhart/Cannon Associates) .
RECOMMENDATION•
Accept Final Pa cel Map 96015.
BACKGROUND:
On April 8, 199 , the City Council considered the above-referenced
map on their Consent Calendar. The City Council approved Tentative
Parcel Map 96015 based"on the Planning Commission' s recommendation
and the Findings and Revised Conditions of Approval . All condi-
tions have now been met by the applicant and the final map is ready
to record.
phi
Attachment: Parcel Map
cc: Kelly Gearhart
Cannon Ass ciates
000001
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,. CITY � ATASCADERO 'ENTATIVE PARCEL MAP l� :
Sao- 1 •
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REPORT TO CITY COUNC L MEETING DATE: 08/26/97
CITY OF ATASCADERO AGENDA ITEM: A-5
From: Rachelle Rickard,Accountant
SUBJECT: Payment of Audited Bills and Payroll for the month of July, 1997.
RECOMMENDATION: Approve certified City accounts payable, payroll and payroll vendor checks
forthe month of July, 1997.
Attached for City Council reiriew and approval are the following:
Payroll
Period End 06/06/97 Ck.#31105-31299 $ 140,925.15
Period End 06/20/97 Ck. #30930-31084 $ 125,869.18
Special Payroll
Dated 06/04/97 Ck.#31326-31328 $ 72.17 .
Dated 07/28/97 Ck.#31507-31509 $ 2,256.01
Payroll Vendors
Dated 07/11/97 Ck.#31307-31325 $ 17,108.72
Dated 07/15/97 Ck.#31329-31332 $ 29,920.45
Dated 07/25/97 Ck.#31488-31506 $ 42,796.98
Dated 07/31/97 Ck .#31675-31681 $ 32,728.97
Federal/Medicare Tax Electronic Fund Transfer
Dated July 14&28, 1997 $ 43,166.13
Accounts Payable
Dated July 1-31, 1997 Ck.#58499-58972 $ 648,954.12
TOTAL AMOUNT $1,083,797.88
The undersigned certifies that the attached demands have been released for payment and that funds
are available for these demands.
Dated:August 11, 1997 J41 J�16 01,0
Rac elle Rickard,Accountcint
Approved by the City Counc it at a meeting held August 26, 1997.
Marcia M.Torgerson, City Clerk
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REPORT TO CITY COUNCIL ITEM: A-6
DATE: 8/26/97
THROUGH: BOB G OGAN, INTERIM CITY MANAGER
FROM: Brady cherry, Department of Community Services
SUBJECT
RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH HOPE LUTHERAN CHURCH
OF ATASCADERO FCR USE OF THE PAVILION ON SUNDAY MORNINGS
RECOMMENDATION:
Approve Resolut on 77-97, authorizing a two-year lease agreement
with Hope Luthe an Church of Atascadero for use of the Atascadero
Lake Pavilion on Sunday mornings.
DISCUSSION:
In August of 1996, the City council authorized a one year lease of
the Pavilion to Hope Lutheran Church. Hope Lutheran is leasing the
Pavilion until a permanent church is built on property the Church
owns on San Gab iel Road. Hope Lutheran has requested a two year
extension of the r existing lease with an option for two additional
years.
Hope Lutheran has been, an exceptional tenant at the Pavilion and
has provided a steady source of rental income for the Pavilion,
Utilizing a time which is not normally in high demand.
FINANCIAL IMPACT
Rental of the Atascadero Lake Pavilion to Hope Lutheran Church of
Atascadero will provide $7, 200 per year in rental income for the
Pavilion during the terms of the lease.
i
24
!1[.alu2 cin.
RESOLUTION NUMBER 77-97 IR
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
HOPE LUTHERAN CHURCH OF ATASCADERO
FOR
LEASE OF THE ATASCADERO LAKE PAVILION ON SUNDAY MORNINGS
SEPTEMBER 8, 1997 - AUGUST 31, 1998
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with Hope Lutheran Church of Atascadero for Lease of the
Atascadero Lake Pavilion.
2. The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
PASSED AND ADOPTED at a regular meeting of the City council of
the City of Atascadero, held on the of ,
1997 .
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
26
1)000.10
CITY OF ATASCADERO
CONTRACT # 97023
CITY OF ATASCADERO
LEASE AGREEMENT
This Lease Agreement is made and entered into this date August
26, 1997, by a d between the City of Atascadero, a Municipal
Corporation, organized and existing under the general laws of the
State of California, hereinafter referred to as "Landlord", and
Hope Lutheran Cliurch of Atascadero, hereinafter referred to as
"Tenant. "
1. PARTIES
1 .1 Landlo d
1 . 1 . 1T.ie Landlord is the City of Atascadero, California,
whose mailing a dress and physical address for notice under the
terms of this Ag eement as follows :
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1 .2 Tenant
1 .2 . lTlie tenant is Hope Lutheran Church of Atascadero,
whose mailing address and physical address for notice under the
terms of this Agreement is as follows:
Hope Lutheran Church of Atascadero
P.O. Box 1957
Atascadero, California 93423
2. LEASE PREMISES
2.1 Descri tion of Premises
2 . 1 .1.As used herein, the terms "premises" or "leased
premises" shall mean the building and real property described in
"Exhibit A" attached hereto, and which is hereby incorporated
herein. Unless tae context otherwise requires, such terms shall
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ArASCADERO CONTRACT NO. 97023
9 �1 Yk V.t
CITY OF ATASCADERO
CONTRACT # 97023
include the building and other improvements presently existing or
to be constructed in which the premises are or will be situated,
and all fixtures heretofore or hereafter to be installed by
Landlord therein.
2 . 1 .2 As long as Tenant is not in default under this
Lease, Tenant shall have the non-exclusive right to use the
premise, together with such easements for ingress and egress as are
necessary for Tenant's use and occupancy of the leased premises.
2.2 Parking Facilities
Tenant acknowledges and agrees that any parking spaces
provided by Landlord in and around the building or the leased
premises are solely for the Atascadero Lake Pavilion and the
convenience of the clients of Tenant or its members, unless
otherwise specifically designated by the Landlord in ,writing.
3. TERM OF LEASE
The term of this Lease shall begin on September 1, 1997 .
Subject to extension or sooner termination as hereinafter provided,
this Lease shall continue for the term of two (2) years, with an
option for two additional years upon mutual agreement of both
parties.
4 . RENTAL
4 .1 Minimum Annual Rent
4 . 1 . 1Tenant agrees to pay to Landlord a minimum monthly
rent of $600. 00, during each month of the term of this Lease. The
monthly rent shall be due and payable on the first day of each
month. All rents shall be paid in lawful money of the United
States at the location designated in Section 1 .1 . 1 and at such
place as Landlord shall designate to Tenant from time to time in
writing.
4 .1 .2If so provided in "Exhibit C" attached hereto and
which is hereby incorporated herein, the minimum monthly rent shall
be adjusted at the times and in the manner specified in "Exhibit
C", and Tenant agrees to pay Landlord the minimum monthly rent, as
so adjusted, at the times and in the manner provided by this Lease.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT 197023
2
- 0000
CITY OF ATASCADERO
CONTRACT # 97023
4 . 1 .31chould Tenant fail to make any payment of rent
within ten (10) calendar days of the date when such payment first
becomes due, or should any check tendered in payment of rent be
returned to Landlord by Tenant' s bank for any reason, then Tenant
shall pay to Landlord, in addition to such rental payment, a late
charge in the amount of ten percent (10%) of the annual rent, which
the parties agree is a reasonable estimate of the amount necessary
to reimburse Landlord damages and additional costs not contemplated
by this Lease that Landlord will incur as a result of the
delinquent paym nt or returned check, including processing and
accounting charges and late charges that may be imposed on Landlord
by its lender. Upon notice of nonpayment given by Landlord to
Tenant, the ent re amount then due, including such late charge,
shall thereafter bear interest at the rate of fifteen percent (150)
until paid in fu 1 .
5'. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP
Nothing in this Lease is intended and no provision of this
Lease shall be construed to make Landlord a partner of or a joint
venturer with Tenant, or associated in any other way with Tenant in
the operation of the leased premises, or to subject Landlord to any
obligation, loss charge or expense resulting from or attributable
to Tenant' s oper tion or use of the premises.
6. PROPERTY TAKES AND ASSESSMENTS
6. 1 Personal Property Taxes
Tenant shall pay, before delinquency, all taxes assessed
against any personal property of Tenant installed or located in or
upon the leased premises and that become payable during the term of
this Lease.
6.2 Real Property Taxes
6.2 . lIn addition to all other rent payable by Tenant
hereunder, Tenant agrees to pay as additional rent its
proportionate share of real property taxes if any, or any increases
in real property taxes over taxes paid in the first year of this
Lease, levied or assessed against the land and the building in
which the leased premises are situated. Real property taxes for
any fractional portion of a fiscal year included in the lease shall
be prorated on the basis of a 360-day year.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADEAO CONTRACT /97023
3
000013
CITY OF ATASCADERO
CONTRACT # 97023
6.2 .2 Each year, Landlord shall notify Tenant of its
proportionate share of the real property taxes payable by Tenant
hereunder and Tenant shall pay Landlord the amount payable by
Tenant at the time and in the manner provided for the payment of
rent.
6.2 .3This Lease may create a taxable possessory
interest. Tenant shall pay any possessory interest tax which may
be levied as a result of Tenant's possessory interest in this
leasehold. Possessory interest means any interest described in
Section 107 of the California Revenue and Taxation Code, or
successor statute and includes any interest described in Section
107.4 of the same Code, or its successor statute. This section is
deemed to comply with Section 107 . 6 of the same code.
6.3 Taxes Defined; Special Assessments
The term "real property taxes", as used in this Section,
shall mean and include all taxes, assessments, and other
governmental charges, general and special, ordinary and
extraordinary, of any kind and nature whatsoever, levied or
assessed against all or any part of the building and other
improvements and the land of which the leased premises are a part,
including but not limited to assessment for public improvements,
benefits or facilities (including parking district assessments)
which shall be levied or assessed against the land and/or building
or any part thereof, but excluding franchise, estate, inheritance,
succession, capital levy, transfer, income or excess profits tax
imposed upon Landlord. If at any time during the term of this
Lease, under the laws of California, or any political subdivision
thereof in which the leased premises are situated, a tax or excise
or rents or other tax, however described, is levied or assessed
against Landlord on account of the rent expressly reserved
hereunder, in addition to or as a substitute in whole or in part
for taxes assessed or imposed by California or such political
subdivision on land and/or buildings, such tax or excise shall be
included within the definition of "real property taxes, " but only
to the extent of the amount thereof which is lawfully assessed or
imposed as a direct result of Landlord' s ownership of this Lease or
of the rental accruing under this Lease. With respect to any
assessment which may be levied against or upon the building, land
or improvements of which the leased premises are a part, and which
under the laws then in force may be evidenced by improvement or
other bonds, or may be paid in annual installments, Tenant shall be
required to pay each year only the amount of such annual
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT /97023
4
CITY OF ATASCADERO
CONTRACT # 97023
installment or portion thereof as Landlord shall be required to pay
during such year (with appropriate proration for any partial year)
and shall have to obligation to continue such payments after the
termination of this Lease.
7. LANDLORD'S MANAGEMENT OF BUILDING
7.1 Manag ment of Buildin
Landlord shall have the right, in its sole discretion,
to:
7 . 1 . 1 lose the premises when and to the extent necessary
for maintenance or renovation purposes; and
7 . 1 .2 To change the plan of the building to the extent
necessary for its expansion, or the remodeling or renovation
thereof, so long as the changes do not substantially interfere with
ingress to and egress from or the location of the leased premises.
7 .2 Rules and Regulations
Landlord shall have the right from time to time to
promulgate, amend and enforce against Tenant and all persons upon
the leased premises, reasonable rules and regulations for the
safety, care and cleanliness of the premises and the building or
for the preservation of good order; provided, however, that all
such rules and regulations shall apply substantially equally and
without discrimination, and no such rule or regulation shall
require Tenant to pay additional rent. Tenant agrees to conform to
and abide by such rules and regulations, and a violation of any of
them shall const ' tute a default by Tenant under this Lease.
8 . USE : LIMITATIONS ON USE
8.1 Tenant 's Use of Premises
Tenant agrees that the leased premises shall be used and
occupied only for the purpose specified herein which is: to operate
Church and Sunday School Services, and for no other purpose or
purposes without Landlord' s prior written consent. Tenant agrees
diligently to conduct its business operations in all of the leased
premises regularly and continuously during the term hereof.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT 197023
5
CITY OF ATASCADERO
CONTRACT # 97023
8.2 Limitations on Use
Tenant' s use of the leased premises shall be in
accordance with the following requirements:
8 .2 . 1Insurance Hazards. Tenant shall neither engage in
nor permit others to engage in any activity or conduct that will
cause the cancellation of or an increase in the premium for any
fire insurance maintained by Landlord, and will pay any increase in
the fire insurance premiums attributable to Tenant' s particular use
of the leased premises. Tenant shall, at Tenant' s sole cost,
comply with all requirements of any insurance organization or
company pertaining to the use of the premises necessary for the
maintenance of reasonable fire and public liability insurance
covering the building.
8 .2 .2Compliance with Law. Tenant shall, at Tenant' s
sole cost and expense, comply with all of the requirements,
ordinances and statutes of all municipal, state and federal
authorities now in force, or which may hereafter be in force,
pertaining to the leased premises and the use and occupancy thereof
by Tenant. The judgment of any court of competent jurisdiction, or
the admission of Tenant in any action or proceeding against Tenant,
whether Landlord be a party thereto or not, that Tenant has
violated any such ordinances or statutes in the use of the premises
shall be conclusive of that fact as between Landlord and Tenant.
8 .2 . 3Waste; Nuisance. Tenant shall not commit, or
suffer to be committed, any waste of the leased premises, or any
nuisance or other unreasonable annoyance which may disturb the
quiet enjoyment of the owners or occupants of adjacent areas,
buildings or properties.
9. ALTERATIONS
9.1 Change by Tenant
Any alterations, additions, improvements or changes,
including any remodeling or redecorating, that Tenant may desire to
make in, to or upon the leased premises, shall be made at Tenant's
sole cost and expense and in compliance with all applicable
governmental requirements. All such alterations and improvements
shall be made only after first submitting the plans and
specifications therefor to Landlord and obtaining the consent of
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT /97023
6
000016
CITY OF ATASCADERO
CONTRACT # 97023
Landlord thereto in writing. Any such alterations or improvements
shall at once become a part of the leased premises and, unless
Landlord exercis s its right to require Tenant to remove any
alterations that Tenant has made to the premises, shall be
surrendered to Landlord upon the expiration or sooner termination
of this Lease.
9.2 Mechanics' Liens
Tenant agrees to keep the leased premises and any
improvements the eon at all times free of mechanics' liens and
other liens for labor, services, supplies, equipment or material
purchased by or directly or indirectly furnished to Tenant.
10. UTILITIES
10.1 Tenant shall make all arrangements for and shall pay the
charges when due for all gas and heat, light, power, telephone
service, trash collection and all other services and utilities
supplied to the leased premises during the entire term of this
Lease, and shalL promptly pay all connection and termination
charges therefor.
10.2 The su pension or interruption in utility services to
the leased premises for reasons beyond the ability of Landlord to
control shall not constitute a default by Landlord or entitle
Tenant to any red ctionAor abatement of rent.
11 . TENANT'S PERSONAL PROPERTY
11.1 Installation of Proper
Landlord shall have no interest in any removable
equipment, furnit re or trade fixtures owned by Tenant or installed
in or upon the leased premises solely at the cost and expense of
Tenant, other t an heating, ventilating and air conditioning
equipment installed in or affixed to the leased premises or the
building in whi h they are situated. Prior to creating or
permitting the creation of any lien or security or reversionary
interest in any removal personal property to be placed in or upon
the leased premi es, Tenant shall obtain the written agreement of
the party holdind such interest to make such repairs necessitated
by the removal of such property and any damage resulting therefrom
as may be necessary to restore the leased premises to good
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADEAO CONTRACT #97023
7
CITY OF ATASCADERO
CONTRACT # 97023
condition and repair, excepting only reasonable wear and tear, in
the event said property is thereafter removed from the leased
premises by said party, or by any agent or representative thereof
or purchaser therefrom, pursuant to the exercise or enforcement of
any rights incident to the interest so created, without any cost or
expense to Landlord.
11.2 Removal of Personal Proper
Provided that Tenant is not then in default, at the
expiration of this Lease, Tenant shall have the right to remove at
its own cost and expense all removable equipment, furniture or
trade fixtures owned by or installed at the expense of Tenant on
the leased premises during the term of this Lease, other than any
heating, ventilating or air conditioning equipment installed by
Tenant. All such personal property shall be removed prior to the
close of business on the last day of the lease term, and Tenant
shall make such repairs necessitated by the removal of said
property and any damage resulting therefrom as may be necessary to
restore the leased premises to good condition and repair, excepting
only reasonable wear and tear. Any such property not so removed
shall be deemed to have been abandoned or, at the option of
Landlord, shall be removed and placed in storage for the account
and at the cost and expense of Tenant.
12. CARE AND MAINTENANCE
12.1. Tenant's Maintenance
12 . 1 . 1 Except as otherwise provided in this Lease,
Tenant at its own cost and expense, agrees:
A. To maintain throughout the lease term in good and
sanitary order, condition, and repair, all portions of the leased
premises, including, without limitation, (a) the interior of the
leased premises, including flooring, exposed plumbing, lighting
lamps and wiring, paint and finish; (b) any windows or skylights;
(c) the storefront; (d) any personal property of Tenant situated in
or upon the leased premises; and (e) any heating, ventilating or
air conditioning equipment installed by Tenant in or upon the
leased premises.
LEASE AGREEMENT.
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT {97023
8
000018
CITY OF ATASCADERO
CONTRACT # 97023
B. Tc notify Landlord promptly of any damage to the
leased premises or the building in which they are situated
resulting from or attributable to the acts or omissions of Tenant,
its invitees or its authorized representatives, and thereafter
promptly to rep it all such damage at Tenant' s sole cost and
expense.
C. To provide janitorial services for the interior of
the leased premises weekly.
12 . 1 .2 Tenant waives the provisions of Section 1941
and 1942 of the California Civil Code with respect to Tenant' s
right to make repairs and to deduct the expenses thereof from the
rent payable by Tenant.
12 . 1 . 3 Landlord shall provide janitorial and trash
collection servi es to the common and exterior areas of leased
premises. Tenant shall provide janitorial and trash collection
services to the interior areas of the leased premises.
13. INDEMNITY AND INSURANCE
13. 1 Indemnification Agreement
This Iease is made upon the express condition that
Landlord is to be free from all liability and claims for damages by
reason of any iiijury to any person and damage to any property
(including Tenant ' s) , resulting from any cause whatsoever while,
in, upon, about, or in any way connected with the leased premises
are located during the term of this Lease, including without
limitation, dama e or injury caused by the elements or from
breakage, leakacre, obstruction or other defects of pipes,
sprinklers, wires, plumbing, air conditioning, or other electrical
or mechanical fixtures or equipment, excluding only any damage or
injury caused by the breach by Landlord of a duty imposed by law or
under this Lease. Tenant hereby waives all claims against Landlord
for, and agrees to indemnify and hold Landlord harmless from any
liability, damage, loss, cost or expense, including attorneys fees,
for any injury or damage to persons or property resulting from or
attributable to the fault or neglect of Tenant.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADEAO CONTRACT /97023
9
00001'9
CITY OF ATASCADERO
CONTRACT # 97023
13.2 Public Liability and Property Damage
13.2 . 1 Insurance Coverage. Tenant agrees to maintain
in force throughout the term hereof, at Tenant' s sole cost and
expense, such insurance, including liability insurance against any
liability to the public incident to the use of or resulting from
any accident occurring in or about the leased premises, of the
types and initially with the limits of liability specified in the
Basic Provisions. Such policies shall insure the contingent
liability of Landlord and the performance by Tenant of its
indemnity obligations under this Lease. Landlord shall be named as
an additional insured in each policy, and each policy shall contain
cross-liability endorsements. The initial amount of coverage shall
be $1, 000, 000.
13.2 .2 Adjustment to Coverage. Tenant further agrees
to review the amount of its insurance coverage with ,Landlord every
year to the end that the protection coverage afforded thereby shall
be in proportion to the protection coverage afforded at the
commencement of this Lease. If the parties are unable to agree
upon the amount of said coverage prior to the expiration of each
such three (3) year period, then the amount of coverage to be
provided by Tenant' s carrier shall be adjusted to the amounts of
coverage recommended in writing by an insurance broker selected by
Landlord.
13.3 Proof of Insurance
Each policy of insurance required of Tenant by this
Lease shall be a primary policy, issued by an insurance company
reasonably satisfactory to Landlord, and shall contain an
endorsement requiring thirty (30) days written notice from the
insurer to Landlord before cancellation or changes in the nature,
scope or amount of coverage.
Each policy, or a certificate of the policy, together with evidence
of the payment of premiums, shall be deposited with Landlord at the
commencement of the initial term of this Lease, and at the
commencement of any renewal term.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT 097023
10
000 0
CITY OF ATASCADERO
CONTRACT # 97023
13.4 Landlord's Insurance
13. 4 . 1 Landlord shall maintain a program of insurance
on the building in which the leased premises are situated, insuring
against loss by fire and the perils covered by an extended coverage
endorsement, and public liability insurance insuring against
personal injury and property damage in the amounts not less than
the fair market value of the building.
14 . DAMAGE OR DESTRUCTION
14 . 1 Landlord to Repair
Should the leased premises or the building and other
improvements in which the premises are situated be totally or
partially damaged or destroyed, Landlord shall promptly repair the
same, except that Landlord shall have the option to terminate this
Lease if (a) the leased premises or the building and improvements
in which the premises are situated cannot reasonably be expected to
be restored under existing law to substantially the .same condition
as existed prior to such damage or destruction within ninety (90)
days from the date that the insurance proceeds become available to
Landlord; 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 leased premises are situated; or (c) if
the damage or de truction results from a casualty not customarily
insured against y a policy of standard fire and extended coverage
insurance having vandalism and malicious mischief endorsements.
Any notice of to mination given hereunder shall be given to Tenant
within fifteen ( 5) days after Landlord determines the period of
time required for and the estimated costs of such repair or
restoration.
14 .2 Termination; Abatement of Rent
14 .2 . 1 This Lease shall not be terminated by any
damage to or destruction of the leased premises or the building and
other improvements of which the premises are a part unless notice
of termination is given by Landlord to Tenant, or by Tenant to
Landlord as provided by this Section 14, and Tenant hereby waives
the provisions of Sections 1932 (2) and 1933 (4) of the California
Civil Code with respect to any such damage or destruction.
LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADEAO CONTRACT #97023
11
CITY OF ATASCADERO
CONTRACT # 97023
14 .2.2 Should the leased premises be damaged or
destroyed at any time during the term of this Lease, there shall be
an abatement or reduction of the minimum monthly rent between the
date of destruction and the date of completion of restoration,
based on the extent to which the destruction interferes with
Tenant' s use of the leased premises. In the event that any repairs
or restoration of the leased premises permitted or required by
Landlord are of such a nature that they cannot reasonably be
expected to be substantially completed within 270 days from the
date any insurance proceeds first become available to Landlord,
then Tenant shall have the right to terminate this Lease by giving
notice of termination to Landlord, specifying the effective date
thereof, within ten (10) days after the period required to restore
the premises has been determined.
14 .2 .3 Should then-applicable laws or zoning
ordinances preclude the restoration or replacement . of the leased
premises in the manner hereinbefore provided, then .Landlord shall
have the right to terminate this Lease immediately by giving
written notice of termination to Tenant.
15. ASSIGNING, SUBLETTING AND HYPOTHECATING
15. 1 Voluntary Transfers
Tenant shall not sell, transfer or assign this Lease or
any part thereof, or interest therein, or hypothecate or grant any
rights hereunder, or create or permit any subleases for the leased
premises.
16. DEFAULT BY TENANT; LANDLORD'S REMEDIES
16.1 Insolvency of Tenant
If during the term of this Lease (a) the Tenant shall
make an assignment for the benefit of creditors; or (b) a voluntary
or involuntary petition shall be filed by or against the Tenant
under the law having for its purpose the adjudication of the Tenant
as bankrupt, or the extension of time of payment, composition,
adjustment, modification, settlement or satisfaction of the
liabilities of the Tenant, or to which any property of the Tenant
may be subject and, if the petition be involuntary, if said
petition be granted; or (c) a receiver be appointed for the leased
premises by reason of the insolvency or alleged insolvency of the
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Tenant and said receiver is not discharged within ten (10) days, or
upon the hearing of a timely filed petition to dismiss, absolve or
otherwise terminate the receivership, whichever shall later occur;
or (d) any department of the state or federal government, or any
officer thereof duly authorized shall take possession of the leased
premises and the improvements thereon by reason of the insolvency
of the Tenant and the taking of possession shall be followed by a
legal adjudication of the insolvency, or bankruptcy, or
receivership of Tenant, then upon the occurrence of any such
contingency, Landlord shall be entitled to terminate this Lease for
breach thereof bi Tenant by giving written notice of termination
and the same shall expire as fully and completely as if the day of
such notice wer the date herein specifically fixed for the
expiration of the term of this Lease, and the Tenant will then quit
and surrender the leased premises and the improvements thereon to
Landlord, but the Tenant shall remain liable as hereinafter
provided.
16.2 Breach of Covenant; Abandonment, Etc.
If during the term of this Lease, Tenant (a) shall make
default in fulfilling any of the covenants or conditions of this
Lease (other that the covenants for the payment of rent or other
charges payable hy the Tenant hereunder) , or (b) shall abandon the
leased premises, then the Landlord may give the Tenant notice of
such default or of the happening of any contingency in this
paragraph referr d to, and if at the expiration of ten (10) days
after the service of such notice the default or contingency upon
which said notice was based shall continue to exist, or in the case
of a default or contingency which cannot with due diligence be
cured within a eriod of ten (10) days, if the Tenant fails to
proceed promptly after the service of such notice to prosecute the
curing of such default with all due diligence within a reasonable
period of time, Uie Landlord may terminate this Lease and upon such
termination, the Tenant shall quit and surrender the leased
premises and the improvements thereon to the Landlord, but the
Tenant shall remain liable as hereinafter provided.
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16.3 Failure to Pay Rent, Etc.
If the Tenant shall make default in the payment of the
rent expressly reserved hereunder, or any part of the same, or
shall make default in the payment of any other rent or charge
required to be paid by the Tenant hereunder or any part of the
same, and such default shall continue for three (3) days after
notice thereof by the Landlord, the Landlord may terminate this
Lease and upon such termination, the Tenant shall quit and
surrender the leased premises and the improvements thereon to the
Landlord, but the Tenant shall remain liable as hereinafter
provided.
16.4 Termination of Lease
It is understood and agreed that all the covenants and
conditions of this Lease herein contained are covenants by Tenant
and that in default of Tenant' s fulfilling any- of the same,
Landlord may at any time thereafter at Landlord's option, forfeit
this Lease and any holding over thereafter by Tenant shall be
construed to be a tenancy from month to month only, for the same
rental payable in the same manner as provided elsewhere in this
Lease. It is further agreed that in the event of any breach of
this Lease by Tenant, then Landlord, besides any other rights or
remedies Landlord may have, shall have the immediate right of re-
entry and may remove all persons and property from the premises.
16.5 Landlord's Damages
If Tenant breaches this Lease and abandons the premises
before the end of the term, or if Tenant's right of possession is
terminated by Landlord because of breach of this Lease pursuant to
any of the foregoing provisions of this section, or otherwise, then
in any such case, Landlord may recover from Tenant all damages
suffered by Landlord as a result of Tenant' s failure to perform
Tenant' s obligations hereunder, including but not restricted to,
the worth at the time of the award (computed in accordance with
paragraph (b) of Section 1951.2 of the California Civil Code) of
the amount by which the rent then unpaid hereunder for the balance
of the lease term exceeds the amount of such rental loss for the
same period which the Tenant proves could be reasonably avoided by
Landlord. It is further agreed that even though Tenant has
breached this Lease and abandoned the property, the Lease may
continue in effect for so long as Landlord does not terminate the
Tenant' s right to possession, and the Landlord may enforce all of
the rights and remedies under this Lease, including the right to
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recover the rent as it becomes due under the Lease (in accordance
with paragraph (h ) of Section 1951 .4 of the California Civil Code) .
Nothing containe herein shall diminish or take away the right of
the Landlord to seek and obtain such equitable relief against
Tenant as may be appropriate.
16.6 Remedi s Not Exclusive
The Landlord, in addition to the rights hereinbefore
given in case of Tenant' s breach or default, may pursue any other
remedy available to Landlord at law or in equity.
17. POWER OF RECEIVE
Upon a default by Tenant, Landlord shall have the right to
obtain the appointment of a receiver to take possession of the
leased premises and/or to collect the rents or profits derived
therefrom, and lenant irrevocably agrees that any. such receiver
may, if it be necessary or convenient in order to collect such
rents and profit3, conduct the business then being , carried on by
Tenant on said premises and that said receiver may take possession
of any personal property belonging to Tenant and used in the
conduct of such business, and may use the same in conducting such
business on the premises without compensation to Tenant for such
use. Neither t e application for nor the appointment of such a
receiver shall be construed as an election on Landlord' s part to
terminate this Lease unless a written notice of such intention is
given by Landlord.
18. LANDLORD'S RIGHT TO CURE DEFAULTS
Landlord, at any time after Tenant commits a default in the
performance of a y of Tenant' s obligations under this Lease, shall
be entitled to c re such default, or to cause such default to be
cured, at the soLe cost and expense of Tenant. If, by reason of
any default by Te ant, Landlord incurs any expense or pays any sum,
or performs any act requiring Landlord to incur any expense or pays
any sum, including reasonable fees and expenses paid or incurred by
Landlord in order to prepare and post or deliver any notice
permitted or req fired by the provisions of this Lease or otherwise
permitted or contemplated by law, then the amount so paid or
incurred by Landlord shall be immediately due and payable to
Landlord by Tenant as additional rent.
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19. WAIVER OF BREACH
Any waiver, express or implied, by any party hereto, of any
breach by any party of any covenant or provision of this Lease,
shall not be, nor be construed to be, a waiver of any subsequent
breach of the same or any other term or provision hereof. The
acceptance by Landlord of delinquent rent shall not constitute a
waiver of any other default and shall constitute only a waiver of
timely payment of the amount so received.
20. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain any sign or
signs, if legally permitted, at a location on the exterior of the
leased premises . No other signs, advertisements, notices or other
exterior decoration or personal property of Tenant shall be placed
upon or displayed by Tenant on any part of the building or the
windows of the leased premises, or upon or about the exterior of
the leased premises.
21. LANDLORD'S ENTRY ON PREMISES
21 .1 Right of Entry
Landlord and its authorized representatives shall have
the right to enter the premises at all reasonable times with 24
hours notice for any of,. the following purposes:
21 . 1 . 1 To determine whether the premises are in good
condition and whether Tenant is complying with its obligations
under this Lease;
21 . 1 .2 To do any necessary maintenance, repairs,
restoration or remodeling to the building or the premises that
Landlord has the right or obligation to perform;
21 . 1 .3 To serve, post, or keep posted any notices
required or allowed under the provisions of this lease, including
"for rent" or "for lease" notices during the last three months of
this lease, or during any period while Tenant is in default, and
any notices provided by law for the protection of Landlord's
interest in the leased premises; and
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21 . 1. 4 To shore the foundations, footings, and walls
of the building and to erect scaffolding and protective barricades
around and about the building, but not so as to prevent entry to
the premises, and to do any other act or thing necessary for the
safety or preservation of the premises and the building if any
excavation or other construction is undertaken or is about to be
undertaken on an adjacent property or area;
21 . 1 .5 To gather information including measurement,
prepare floor plans, etc. for the purpose of performing
architectural design work for the remodeling and/or rehabilitation
of the building and premises.
21.2 Exercise of Ri ht
Landlord shall exercise its rights under this Section in
a manner that will not interfere unreasonably with Tenant's use and
occupancy of the leased premises; provided that Landlord' s entry
and activities dc not result from Tenant' s default, Tenant shall be
entitled to an abatement or reduction of minimum monthly rent to
the extent that Landlord' s entry and activities interfere with
Tenant' s occupan y of the leased premises. Landlord shall not be
liable in any other manner for any inconvenience, disturbance, loss
of business, nuisance, or other damage arising out of Landlord' s
entry on the premises as provided herein, except damage resulting
from the acts or omissions of Landlord or its authorized
representatives. A
22. SALE OR TRA21SFER OF PREMISES
If Landlord sells or transfers all or any portion of the
premises, or the building, improvements and land of which the
leased premises are a part, then Landlord, on consummation of the
sale or transfer shall be released from any liability thereafter
accruing under t is Lease.
23. SURRENDER ON TERMINATION; HOLDING OVER
23.1 Surrender of Premises
Tenant agrees to return the leased premises (except
removable trade fixtures, furniture and equipment owned or
installed by Tenant) , to Landlord at the expiration or sooner
termination of the lease term, in good condition and repair,
reasonable wear and tear excepted. Should the Tenant hold the
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leased premises with the consent of Landlord after the expiration
of the term of this Lease, then such holding over shall be
construed to be only a tenancy from month-to-month and subject to
all of the conditions and agreements herein contained.
23.2 Removal of Alterations
Landlord, by giving written notice to Tenant within ten
(10) days before the expiration or termination of the lease, may
elect to require Tenant to remove any alterations that Tenant has
made to the premises, and if Landlord so elects, Tenant, at its
sole cost and expense, shall remove the alterations specified by
Landlord 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 leased 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
Landlord' s notice, whichever is later.
24 . NOTICES
All notices hereunder shall be in writing and shall be deemed
to have been given upon personal delivery or on the second (2nd)
business day following the date on which sent by mail, postage
prepaid, addressed, to the addresses set forth in Section 1 . 1 and
1 .2 above unless changed in writing effective upon written notice
to each party to this Lease.
25. JOINT AND SEVERAL LIABILITY
Each person or entity named as a Tenant in this Lease, or who
hereafter becomes a Party to this Lease as a tenant in the leased
premises, or as an assignee of Tenant, shall be jointly and
severally liable for the full and faithful performance of each and
every covenant and obligation required to be performed by Tenant
under the provisions of this Lease.
26. BINDING ON SUCCESSORS, ETC.
Landlord and Tenant agree that each of the terms, conditions,
and obligations of this Lease shall extend to and bind, or inure to
the benefit of (as the case may require) , the respective parties
hereto, and each and every one of their respective heirs,
executors, administrators, representatives, successors and assigns.
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27. ATTORNEYS' FEES
In the event that any legal action is instituted by either of
the parties he eto to enforce or construe any of the terms,
conditions or C017enants of this Lease, or the validity thereof, the
party prevailing in any such action shall be entitled to recover
from the other party all court costs and a reasonable attorneys'
fee to be set by the court, and the costs and fees incurred in
enforcing any judgment entered therein.
28. PARTIAL INVTLLIDITY
If any terin or provision of this Lease or the application
thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this Lease or the
application of such term or provision to persons or circumstances
other than those to which it is held invalid or , unenforceable,
shall not be aff cted thereby, and each term and provision of this
Lease shall be valid and be enforceable to the fullest extent
permitted by law
29. COMPLETE AGREEMENT
This Lease, and the attachments and exhibits hereto,
constitute the entire agreement between the parties and may not be
altered, amended modified or extended except by an instrument in
writing signed by the parties hereto. The parties respectively
acknowledge and agree that neither has made any representations or
warranties to th other not expressly set forth herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease on
the date set forth opposite their respective names.
Date: By
Tenant: JERRI DAHLEN
Attest: LANDLORD, CITY
OF ATASCADERO
By:
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
Approved as to form:
ROY HANLEY,
City Attorney
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EXHIBIT A
DESCRIPTION OF LEASED PREMISES:
The following portions of the Atascadero Lake Pavilion of the City
of Atascadero:
ROTARY ROOM GRONSTRAND ROOM, AND COMMUNITY ROOMS BOY SCOUTS
MEETING ROOM AS INDICATED ON THE ATTACHED MAP.
Tenant will occupy the above-described space every Sunday, 7:30
A.M. to 12 : 30 P.M.
(with the except on of Sunday, February 22, 1997 and one Sunday in
1999 as yet to b determined for the Annual Train Show) .
ADDRESS: 9315 Pismo Avenue
Atascadero, California 93422
F
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EXHIBIT "C"
1 . RENT ADJUSTMENTS :
Adjustments to rent will be reviewed on an annual basis. Any
adjustments to rent will be made on JANUARY of each year. Hope
Lutheran Church Df Atascadero staff shall submit to the Director of
Community Services, prior to each December 1st, information
regarding Minimum
monthly rent for the term of this Lease Agreement shall be $600.00.
2 . LATE CHARGE :
Ten percent (100) of annual rent (see Section 4 . 1 . 3) .
3. PROPORTIONATE SHARES:
A. Building Expense/Real Property Taxes:
Not a plicable.
qW B. Insurance:
Not a plicable.
C. Utilities/Services.
40 LEASE AGREEMENT
HOPE LUTHERAN CHURCH OF ATASCADERO CONTRACT :197023
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DECORATING POLICY
1 . All decorations must be flame retardant material.
2 . No glitter, confetti, birdseed, hay, rice, or flower petals
may be thrown or used as a decoration in or outside of the
building.
3. Open flame decorations, such as candles or lanterns, are
prohibited.
4 . Any plants or shrubs brought in to the building must be in a
waterproof container.
5. When decorating, do not fasten any decorations to light
fixtures or floors. Scotch tape, masking tape, duct tape, thumb
tacks, nails, staples, etc. , are not allowed. A special substance
called "Hold it" may be utilized.
6. All decorations belonging to the user must be disposed of
immediately after the event. Any decorations left may be discarded
by the Department immediately after the event.
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REPORT TO CIT COUNTIL ITEM: A-7
DATE: 8/26/97
THROUGH: BOB GROGAN,,IINTERIM CITY MANAGER
FROM: Brady Cherry,Department of Community Services
SUBJECT:
RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH CHRIST THE KING
REFORMED EPISCOPAL CHURCH FOR USE OF THE CITY ADMINISTRATION
BUILDING ROTUNDA ROOM.
RECOMMENDATION:
Approve Resolution 8-97, authorizing a one-year lease agreement Christ the King
Reformed Episcopal Church for use of the Atascadero City Administration Building
Rotunda Room.
DISCUSSION:
In August of 1996, t e City council authorized a one-year lease of the Rotunda to Christ
the King Reformed Episcopal Church. Christ the King Reformed Episcopal Church has
requested a one year extension of their existing lease.
Christ the King Refonned Episcopal Church has been an exceptional tenant in the
Rotunda and has pro ided a steady source of rental income, utilizing a time which is not
normally in high den iand.
FINANCIAL IMPACTS:
Rental of the City Administration Building Rotunda to Christ the King Reformed
Episcopal Church will provide $4,500 per year in rental income for the City during the
terms of this lease.
000037
RESOLUTION NUMBER 78-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
CHRIST THE KING REFORMED EPISCOPAL CHURCH
FOR
LEASE OF
CITY ADMINISTRATION BUILDING ROTUNDA ROOM
ON SUNDAY MORNINGS SEPTEMBER 8, 1997-AUGUST 31, 1998
The City Council of the City of Atascadero, California, hereby resolves as,
follows:
1. The Mayor is hereby authorized to execute an agreement with Christ the
King Reformed Episcopal Church for lease of the City Administration
Building Rotunda Room.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
PASSED AND ADOPTED at a regular meeting of the City council of the City of
Atascadero, held on the of 11997.
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
000038
City of Atascadero
Contract #97024
CITY OF ATASCADERO
LEASE AGREEMENT
This Lease Agreement is made and entered into this date
August 26, 1997, by and between the City of Atascadero, a
Municipal Corpo ation, organized and existing under the general
laws of the State of California, hereinafter referred to as
"Landlord", and Christ The King Reformed Episcopal Church,
hereinafter refErred to as "Tenant. "
1 . PARTIES
1 . 1 Landlord
1 . 1 . 1 The Landlord is .the City of Atascadero,
California, whose mailing address and physical address for notice
under the terms of this Agreement as follows :
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1 .2 Tenan
1 .2 . 1 The tenant is Christ The King Reformed
Episcopal Church, whose mailing address and physical address for
notice under thE terms of this Agreement is as follows :
Christ The King Reformed Episcopal Church
P.O. Box 478
Templeton, California 93465
2 . LEASE PREMISES
2 . 1 Description of Premises
2 . 1 . 1 As used herein, the terms "premises" or
"leased premises" shall mean the building and real property
described in "Exhibit A" attached hereto, and which is hereby
incorporated herein. Unless the context otherwise requires, such
terms shall include the building and other improvements presently
existing or to be constructed in which the premises are or will
be situated, and all fixtures heretofore or hereafter to be
installed by Landlord therein.
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2 . 1 .2 As long as Tenant is not in default under
this Lease, Tenant shall have the non-exclusive right to use the
premise, together with such easements for ingress and egress as
are necessary for Tenant' s use and occupancy of the leased
premises .
2 .2 Parking Facilities
Tenant acknowledges and agrees that any parking spaces
provided by Landlord in and around the building for the leased
premises are solely for the Atascadero City of Administration
Building and the convenience of the clients of Tenant or its
members, unless otherwise specifically designated by the Landlord
in writing.
3. TERM OF LEASE
The term of this Lease shall begin on September 7, 1997 .
Subject to extension or sooner termination as hereinafter
provided, this Lease shall continue for the term of
one (1) year
4 . RENTAL
4 . 1 Minimum Monthly Rent
4 . 1 . 1 Tenant agrees to pay to Landlord a minimum
monthly rent of $375.00, during each month of the term of this
Lease. The monthly rent shall be due and payable on the first
day of each month. All rents shall be paid in lawful money of
the United States at the location designated in Section 1 . 1 . 1 or
at such place as Landlord shall designate to Tenant from time to
time in writing.
4 . 1 .2 If so provided in "Exhibit C" attached hereto
and which is hereby incorporated herein, the minimum monthly rent
shall be adjusted at the times and in the manner specified in
"Exhibit C", and Tenant agrees to pay Landlord the minimum
monthly rent, as so adjusted, at the times and in the manner
provided by this Lease.
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4 . 1 . 3 Should Tenant fail to make any payment of
rent within ten 10) calendar days of the date when such payment
first becomes du , or should any check tendered in payment of
rent be returned to Landlord by Tenant ' s bank for any reason,
then Tenant shall pay to Landlord, in addition to such rental
payment, a late charge in the amount of ten percent (100) of the
monthly rent, which the parties agree is a reasonable estimate of
the amount necessary to reimburse Landlord damages and additional
costs not contem lated by this Lease that Landlord will incur as
a result of the elinquent payment or returned check, including
processing and accounting charges and late charges that may be
imposed on Landl rd by its lender. Upon notice of nonpayment
given by Landlord to Tenant, the entire amount then due,
including such late charge, shall thereafter bear interest at a
rate of fifteen percent (150) until paid in full .
5. INTENTION O PARTIES; NEGATION OF PARTNERSHIP
Nothing in this Lease is intended and no provision of this
Lease shall be construed to make Landlord a partner of or a joint
venturer with Tenant, or associated in any other way with Tenant
in the operation of the leased premises, or to subject Landlord
to any obligation, loss, charge or expense resulting from or
attributable to enant ' s operation or use of the premises .
6. PROPERTY TAYES AND ASSESSMENTS
6. 1 Personal Property Taxes
Tenant shall pay, before delinquency, all taxes
assessed against any personal property of Tenant installed or
located in or up n the leased premises and that become payable
during the term cf this Lease.
6.2 Real P o erty Taxes
6.2 . 1 In addition to all other rent payable by
Tenant hereunder, Tenant agrees to pay as additional rent its
proportionate share of real property taxes if any, or any
increases in real property taxes over taxes paid in the first
year of this Lease, levied or assessed against the land and the
building in which the leased premises are situated. Real
property taxes f r any fractional portion of a fiscal year
included in the Lease shall be prorated on the basis of a 360-day
year.
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6.2 .2 Each year, Landlord shall notify Tenant of
its proportionate share of the real property taxes payable by
Tenant hereunder and Tenant shall pay Landlord the amount payable
by Tenant at the time and in the manner provided for the payment
of rent.
6.2 . 3 This Lease may create a taxable possessory
interest. Tenant shall pay any possessory interest tax which may
be levied as a result of Tenant' s possessory interest in this
leasehold. Possessory interest means any interest described in
Section 107 of the California Revenue and Taxation Code, or
successor statute and includes any interest described in Section
107 . 4 of the same Code, or its successor statute. This section
is deemed to comply with Section 107 . 6 of the same Code.
6.3 Taxes Defined; Special Assessments
The term "real property taxes", as used in this
Section, shall mean and include all taxes, assessments, and other
governmental charges, general and special, ordinary and
extraordinary, of any kind and nature whatsoever, levied or
assessed against all or any part of the building and other
improvements and the land of which the leased premises are a
part, including but not limited to assessment for public
improvements, benefits or facilities (including parking district
assessments) which shall be levied or assessed against the land
and/or building or any part thereof, but excluding franchise,
estate, inheritance, succession, capital levy, transfer, income
or excess profits tax imposed upon Landlord. If at any time
during the term of this Lease, under the laws of California, or
any political subdivision thereof in which the leased premises
are situated, a tax or excise or rents or other tax, however
described, is levied or assessed against Landlord on account of
the rent expressly reserved hereunder, in addition to or as a
substitute in whole or in part for taxes assessed or imposed by
California or such political subdivision on land and/or
buildings, such tax or excise shall be included within the
definition of "real property taxes, " but only to the extent of
the amount thereof which is lawfully assessed or imposed as a
direct result of Landlord' s ownership of this Lease or of the
rental accruing under this Lease. With respect to any assessment
which may be levied against or upon the building, land or
improvements of which the leased premises are a part, and which
under the laws then in force may be evidenced by improvement or
other bonds, or may be paid in annual installments, Tenant shall
be required to pay each year only the amount of such annual
installment or portion thereof as Landlord shall be required to
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pay during such year (with appropriate proration for any partial
year) and shall have no obligation to continue such payments
after the termination of this Lease.
7 . LANDLORD'S MANAGEMENT OF BUILDING
7 . 1 Management of Building
Landl rd shall have the right, in its sole discretion,
to:
7 . 1 . 1 Close the premises when and to the extent
necessary for maintenance or renovation purposes; and
7 . 1 .2 To change the plan of the building to the
extent necessar for its expansion, or the remodeling or
renovation ther of, so long as the changes do not substantially
interfere with ingress to and egress from or the location of the
leased premises .
7 .2 Rules and Regulations
Landl rd shall have the right from time to time to
promulgate, amend and enforce against Tenant and all persons upon
the leased premises, reasonable rules and regulations for the
safety, care and cleanliness of the premises and the building or
for the preservation of good order; provided, however, that all
such rules and regulations shall apply substantially equally and
without discrimination, and no such rule or regulation shall
require Tenant to pay additional rent . Tenant agrees to conform
to and abide by such rules and regulations, and a violation of
any of them shall constitute a default by Tenant under this
Lease .
8 . USE : LIMIT TIONS ON USE
8. 1 Tenant's Use of Premises
Tenant: agrees that the leased premises shall be used
and occupied only for the purpose specified herein which is : to
operate Church services and activities and Sunday School
programs, and for no other purpose or purposes without Landlord' s
prior written consent . Tenant agrees diligently to conduct its
business operations in all of the leased premises regularly and
continuously during the term hereof.
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8.2 Limitations on Use
Tenant' s use of the leased premises shall be in
accordance with the following requirements :
8 .2 . 1 Insurance Hazards. Tenant shall neither
engage in nor permit others to engage in any activity or conduct
that will cause the cancellation of or an increase in the premium
for any fire insurance maintained by Landlord, and will pay any
increase in the fire insurance premiums attributable to Tenant' s
particular use of the leased premises . Tenant shall, at Tenant' s
sole cost, comply with all requirements of any insurance
organization or company pertaining to the use of the premises
necessary for the maintenance of reasonable fire and public
liability insurance covering the building.
8 . 2 . 2 Compliance with Law. Tenant shall, at
Tenant' s sole cost and expense, comply with all of the
requirements, ordinances and statutes of all municipal, state and
federal authorities now in force, or which may hereafter be in
force, pertaining to the leased premises and the use and
occupancy thereof by Tenant. The judgment of any court of
competent jurisdiction, or the admission of Tenant in any action
or proceeding against Tenant, whether Landlord be a party thereto
or not, that Tenant has violated any such ordinances or statutes
in the use of the premises shall be conclusive of that fact as
between Landlord and Tenant .
A
8 .2 . 3 Waste; Nuisance. Tenant shall not commit, or
suffer to be committed, any waste of the leased premises, or any
nuisance or other unreasonable annoyance which may disturb the
quiet enjoyment of the owners or occupants of adjacent areas,
buildings or properties .
9. ALTERATIONS
9. 1 Change by Tenant
Any alterations, additions, improvements or changes,
including any remodeling or redecorating, that Tenant may desire
to make in, to or upon the leased premises, shall be made at
Tenant' s sole cost and expense and in compliance with all
applicable governmental requirements . All such alterations and
improvements shall be made only after first submitting the plans
and specifications therefor to Landlord and obtaining the consent
of Landlord thereto in writing. Any such alterations or
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improvements shall at once become a part of the leased premises
and, unless Landlord exercises its right to require Tenant to
remove any alterations that Tenant has made to the premises,
shall . be surrendered to Landlord upon the expiration or sooner
termination of t is Lease.
9.2 Mechan' cs ' Liens
Tenant agrees to keep the leased premises and any
improvements thereon at all times free of mechanics ' liens and
other liens for Labor, services, supplies, equipment or material
purchased by or directly or indirectly furnished to Tenant.
10. UTILITIES
10. 1 Landlord shall make all arrangements for and shall pay
the charges when due for all gas and heat, light, power,
telephone service, trash collection and all other services and
utilities supplied to the leased premises during the entire term
of this Lease, aid shall promptly pay all connection and
termination char es therefor.
10 .2 The suspension or interruption in utility services to
the leased premi es for reasons beyond the ability of Landlord to
control shall no constitute a default by Landlord or entitle
Tenant to any reduction or abatement of rent.
11 . TENANT'S PE SONAL.PROPERTY
11 . 1 Installation of Proper
Landlord shall have no interest in any removable
equipment, furni ure or trade fixtures owned by Tenant or
installed in or upon the leased premises solely at the cost and
expense of Tenant, other than heating, ventilating and air
conditioning equipment installed in or affixed to the leased
premises or the building in which they are situated. Prior to
creating or perm tting the creation of any lien or security or
reversionary int rest in any removal personal property to be
placed in or upon the leased premises, Tenant shall obtain the
written agreement of the party holding such interest to make such
repairs necessitated by the removal of such property and any
damage resulting therefrom as may be necessary to restore the
leased premises o good repair, excepting only reasonable wear
and tear, in the event said property is thereafter removed from
the leased premises by said party, or by any agent or
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representative thereof or purchaser therefrom, pursuant to the
exercise or enforcement of any rights incident to the interest so
created, without any cost or expense to Landlord.
11 .2 Removal of Personal Property
Provided that Tenant is not then in default, at the
expiration of this Lease, Tenant shall have the right to remove
at its own cost and expense all removable equipment, furniture or
trade fixtures owned by or installed at the expense of Tenant on
the leased premises during the term of this Lease, other than any
heating, ventilating or air conditioning equipment installed by
Tenant. All such personal property shall be removed prior to the
close of business on the last day of the lease term, and Tenant
shall make such repairs necessitated by the removal of said
property and any damage resulting therefrom as may be necessary
to restore the leased premises to good condition and repair,
excepting only reasonable wear and tear. Any such property not
so removed shall be deemed to have been abandoned "or, at the
option of Landlord, shall be removed and placed in storage for
the account and at the cost and expense of Tenant. ,
12 . CARE AND MAINTENANCE
12 . 1 . Tenant's Maintenance
12 . 1 . 1 Except as otherwise provided in this Lease,
Tenant at its own costxand expense, agrees :
A. To maintain throughout the Lease term in good and
sanitary order, condition, and repair, all portions of the leased
premises, including, without limitation, (a) the interior of the
leased premises, including flooring, exposed plumbing, lighting
lamps and wiring, paint and finish; (b) any windows or skylights;
(c) the storefront; (d) any personal property of Tenant situated
in or upon the leased premises; and (e) any heating, ventilating
or air conditioning equipment installed by Tenant in or upon the
leased premises .
B. To notify Landlord promptly of any damage to the
leased premises or the building in which they are situated
resulting from or attributable to the acts or omissions of
Tenant, its invitees or its authorized representatives, and
thereafter promptly to repair all such damage at Tenant' s sole
cost and expense.
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C. qo provide janitorial services for the interior of
the leased premises weekly.
12 . 1 . 2 Tenant waives the provisions of Section 1941
and 1942 of the California Civil Code with respect to Tenant' s
right to make r pairs and to deduct the expenses thereof from the
rent payable by Tenant .
12 . 1 . Landlord shall provide janitorial and trash
collection services to the common and exterior areas of leased
premises . Landlord shall provide janitorial and trash collection
services to the interior areas of the leased premises .
13. INDEMNITY D INSURANCE
13. 1 Indemnification Agreement
This Rease is made upon the express condition that
Landlord is to be free from all liability and claims for damages
by reason of any injury to any person and damage to any property
(including Tena t ' s) , resulting from any cause whatsoever while,
in, upon, about, or in any way connected with the leased premises
are located during the term of this Lease, including without
limitation, dam ge or injury caused by the elements or from
breakage, leaka e, obstruction or other defects of pipes,
sprinklers, wir s, plumbing, air conditioning, or other
electrical or m chanical fixtures or equipment, excluding only
any damage or injury caused by the breach by Landlord of a duty
imposed by law dr under this Lease. Tenant hereby waives all
claims against Randlord for, and agrees to indemnify and hold
Landlord harmlelss from any liability, damage, loss, cost or
expense, including attorneys fees, for any injury or damage to
persons or prop rty resulting from or attributable to the fault
or neglect of T nant .
13.2 Public. Liability and Property Damage
13 .2 . 1. Insurance Coverage. Tenant agrees to
maintain in force throughout the term hereof, at Tenant' s sole
cost and expense, such insurance, including liability insurance
against any lia ility to the public incident to the use of or
resulting from any accident occurring in or about the leased
premises, of the types and initially with the limits of liability
specified in the Basic Provisions . Such policies shall insure
the contingent liability of Landlord and the performance by
Tenant of its i demnity obligations under this Lease. Landlord
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shall be named as an additional insured in each policy, and each
policy shall contain cross-liability endorsements . The initial
amount of coverage shall be $1, 000, 000 .
13 .2 .2 Adjustment to Coverage. Tenant further
agrees to review the amount of its insurance coverage with
Landlord every year to the end that the protection coverage
afforded thereby shall be in proportion to the protection
coverage afforded at the commencement of this Lease. If the
parties are unable to agree upon the amount of said coverage
prior to the expiration of each such three (3) year period, then
the amount of coverage to be provided by Tenant ' s carrier shall
be adjusted to the amounts of coverage recommended in writing by
an insurance broker selected by Landlord.
13.3 Proof of Insurance
Each policy of insurance required of Tenant by this
Lease shall be a primary policy, issued by an insurance company
reasonably satisfactory to Landlord, and shall contain an
endorsement requiring thirty (30) days written notice from the
insurer to Landlord before cancellation or changes in the nature,
scope or amount of coverage. Each policy, or a certificate of
the policy, together with evidence of the payment of premiums,
shall be deposited with Landlord at the commencement of the
initial term of this Lease, and at the commencement of any
renewal term.
A
13.4 Landlord's Insurance
13 . 4 . 1 Landlord shall maintain a program of
insurance on the building in which the leased premises are
situated, insuring against loss by fire and the perils covered by
an extended coverage endorsement, and public liability insurance
insuring against personal injury and property damage in the
amounts not less than the fair market value of the building.
14 . DAMAGE OR DESTRUCTION
14 . 1 Landlord to Repair
Should the leased premises or the building and other
improvements in which the premises are situated be totally or
partially damaged or destroyed, Landlord shall promptly repair
the same, except that Landlord shall have the option to terminate
this Lease if (a) the leased premises or the building and
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improvements in ahich the premises are situated cannot reasonably
be expected to be restored under existing law to substantially
the same conditi n as existed prior to such damage or destruction
within ninety (9 0) days from the date that the insurance proceeds.
become available to Landlord; 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 leased
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 hereunder shall be given to Tenant within
fifteen (15) days after Landlord determines the period of time
required for and the estimated costs of such repair or
restoration.
14 .2 Termination; Abatement of Rent
14 .2 . 1 This Lease shall not be terminated by any
damage to or destruction of the leased premises or the building
and other impro ements of which the premises are apart unless
notice of termi ation is given by Landlord to Tenant, or by
Tenant to Landl rd as provided by this Section 14, and Tenant
hereby waives t e provisions of Sections 1932 (2) and 1933 (4) of
the California Civil Code with respect to any such damage or
destruction.
14 .2 .2 Should the leased premises be damaged or
destroyed at an time during the term of this Lease, there shall
be an abatement or reduction of the minimum monthly rent between
the date of destruction and the date of completion of
restoration, based on the extent to which the destruction
interferes with Tenant' s use of the leased premises . In the
event that any repairs or restoration of the leased premises
permitted or required by Landlord are of such a nature that they
cannot reasonably be expected to be substantially completed
within 270 days from the date any insurance proceeds first become
available to Landlord, then Tenant shall have the right to
terminate this Rease by giving notice of termination to Landlord,
specifying the ffective date thereof, within ten (10) days after
the period required to restore the premises has been determined.
14 . 2 . 3 Should then-applicable laws or zoning
ordinances preclude the restoration or replacement of the leased
premises in the manner hereinbefore provided, then Landlord shall
have the right to terminate this Lease immediately by giving
written notice of termination to Tenant .
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15. ASSIGNING, SUBLETTING AND HYPOTHECATING
15. 1 Voluntary Transfers
Tenant shall not sell, transfer or assign this Lease or
any part thereof, or interest therein, or hypothecate or grant
any rights hereunder, or create or permit any subleases for the
leased premises .
16. DEFAULT BY TENANT; LANDLORD 'S REMEDIES
16. 1 Insolvency of Tenant
If during the term of this Lease (a) the Tenant shall
make an assignment for the benefit of creditors; or (b) a
voluntary or involuntary petition shall be filed by or against
the Tenant under the law having for its purpose the adjudication
of the Tenant as bankrupt, or the extension of time of payment,
composition, adjustment, modification, settlement or satisfaction
of the liabilities of the Tenant, or to which any property of the
Tenant may be subject and, if the petition be involuntary, if
said petition be granted; or (c) a receiver be appointed for the
leased premises by reason of the insolvency or alleged insolvency
of the Tenant and said receiver is not discharged within ten (10)
days, or upon the hearing of a timely filed petition to dismiss,
absolve or otherwise terminate the receivership, whichever shall
later occur; or (d) any department of the state or federal
government, or any officer thereof duly authorized shall take
possession of the leased premises and the improvements thereon by
reason of the insolvency of the Tenant and the taking of
possession shall be followed by a legal adjudication of the
insolvency, or bankruptcy, or receivership of Tenant, then upon
the occurrence of any such contingency, Landlord shall be
entitled to terminate this Lease for breach thereof by Tenant by
giving written notice of termination and the same shall expire as
fully and completely as if the day of such notice were the date
herein specifically fixed for the expiration of the term of this
Lease, and the Tenant will then quit and surrender the leased
premises and the improvements thereon to Landlord, but the Tenant
shall remain liable as hereinafter provided.
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16.2 Breach of Covenant; Abandonment, Etc.
If during the term of this Lease, Tenant (a) shall make
default in fulfilling any of the covenants or conditions of this
Lease (other thaa the covenants for the payment of rent or other
charges payable oy the Tenant hereunder) ; or (b) shall abandon
the leased premises, then the Landlord may give the Tenant notice
of such default Dr of the happening of any contingency in this
paragraph referred to, and if at the expiration of ten (10) days
after the service of such notice the default or contingency upon
which said notice was based shall continue to exist, or in the
case of a default or contingency which cannot with due diligence
be cured within a period of ten (10) days, if the Tenant fails to
proceed promptly after the service of such notice to prosecute
the curing of such default with all due diligence within a
reasonable period of time, the Landlord may terminate this Lease
and upon such termination, the Tenant shall quit and surrender
the leased premises and the improvements thereon to the Landlord,
but the Tenant shall remain liable as hereinafter provided.
16.3 Failure to Pay Rent, Etc.
If the Tenant shall make default in thepayment
rent ex ressl r served hereunder, or an esaof the
expressly y part of the same, or
shall make default in the payment of any other rent or charge
required to be paid by the Tenant hereunder or any part of the
same, and such default shall continue for three (3) days after
notice thereof by the Landlord, the Landlord may terminate this
Lease and upon such termination, the Tenant shall quit and
surrender the leased premises and the improvements thereon to the
Landlord, but the Tenant shall remain liable as hereinafter
provided.
16.4 Termination of Lease
It is inderstood and agreed that all the covenants and
conditions of this Lease herein contained are covenants by Tenant
and that in defa It of Tenant' s fulfilling any of the same,
Landlord may at any time thereafter at Landlord' s option, forfeit
this Lease and a y holding over thereafter by Tenant shall be
construed to be a tenancy from month to month only, for the same
rental payable ia the same manner as provided elsewhere in this
Lease. It is further agreed that in the event of any breach of
this Lease by Te ant, then Landlord, besides any other rights or
remedies Landlorl may have, shall have the immediate right of re-
entry and may re ove all persons and property from the premises .
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16.5 Landlord's Damages
If Tenant breaches this Lease and abandons the premises
before the end of the term, or if Tenant' s right of possession is
terminated by Landlord because of breach of this Lease pursuant
to any of the foregoing provisions of this section, or otherwise,
then in any such case, Landlord may recover from Tenant all
damages suffered by Landlord as a result of Tenant' s failure to
perform Tenant' s obligations hereunder, including but not
restricted to, the worth at the time of the award (computed in
accordance with paragraph (b) of Section 1951 .2 of the California
Civil Code) of the amount by which the rent then unpaid hereunder
for the balance of the lease term exceeds the amount of such
rental loss for the same period which the Tenant proves could be
reasonably avoided by Landlord. It is further agreed that even
though Tenant has breached this Lease and abandoned the property,
the Lease may continue in effect for so long as Landlord does not
terminate the Tenant' s right to possession, and the Landlord may
enforce all of the rights and remedies under this Lease,
including the right to recover the rent as it becomes due under
the Lease (in accordance with paragraph (b) of Section 1951 . 4 of
the California Civil Code) . Nothing contained herein shall
diminish or take away the right of the Landlord to seek and
obtain such equitable relief against Tenant as may be
appropriate.
16. 6 Remedies Not Exclusive
A
The Landlord, in addition to the rights hereinbefore
given in case of Tenant' s breach or default, may pursue any other
remedy available to Landlord at law or in equity.
17 . POWER OF RECEIVER
Upon a default by Tenant, Landlord shall have the right to
obtain the appointment of a receiver to take possession of the
leased premises and/or to collect the rents or profits derived
therefrom, and Tenant irrevocably agrees that any such receiver
may, if it be necessary or convenient in order to collect such
rents and profits, conduct the business then being carried on by
Tenant on said premises and that said receiver may take
possession of any personal property belonging to Tenant and used
in the conduct of such business, and may use the same in
conducting such business on the premises without compensation to
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Tenant for such ase. Neither the application for nor the
appointment of s ch a receiver shall be construed as an election
on Landlord' s part to terminate this Lease unless a written
notice of such i tention is given by Landlord.
18. LANDLORD'S FUGHT TO CURE DEFAULTS
Landlord, a any time after Tenant commits a default in the
performance of a y of Tenant ' s obligations under this Lease,
shall be entitled to cure such default, or to cause such default
to be cured, at he sole cost and expense of Tenant . If, by
reason of any de ault by Tenant, Landlord incurs any expense or
pays any sum, or performs any act requiring Landlord to incur any
expense or pays any sum, including reasonable fees and expenses
paid or incurred by Landlord in order to prepare and post or
deliver any noti e permitted or required by the provisions of
this Lease or otherwise permitted or contemplated by law, then
the amount so pa ' d or incurred by Landlord shall be immediately
due and payable to Landlord by Tenant as additional rent.
19. WAIVER OF BREACH
Any waiver, express or implied, by any party hereto, of any
breach by any party of any covenant or provision of this Lease,
shall not be, no be construed to be, a waiver of any subsequent
breach of the saine or any other term or provision hereof. The
acceptance by Landlord of delinquent rent shall not constitute a
waiver of any other default and shall constitute only a waiver of
timely payment of the amount so received.
20. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain any sign or
signs, if legally permitted, at a location on the exterior of the
leased premises . No other signs, advertisements, notices or
other exterior decoration or personal property of Tenant shall be
placed upon or displayed by Tenant on any part of the building or
the windows of the leased premises, or upon or about the exterior
of the leased premises .
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21 . LANDLORD'S ENTRY ON PREMISES
21 . 1 Right of Entry
Landlord and its authorized representatives shall have
the right to enter the premises at all reasonable times with 24
hours notice for any of the following purposes :
21 . 1 . 1 To determine whether the premises are in good
condition and whether Tenant is complying with its obligations
under this Lease;
21 . 1 .2 To do any necessary maintenance, repairs,
restoration or remodeling to the building or the premises that
Landlord has the right or obligation to perform;
21 . 1 . 3 To serve, post, or keep posted any notices
required or allowed under the provisions of this Lease, including
"for rent" or "for lease" notices during the last three months of
this Lease, or during any period while Tenant is in default, and
any notices provided by law for the protection of Landlord' s
interest in the leased premises; and
21 . 1 . 4 To shore the foundations, footings, and walls
of the building and to erect scaffolding and protective
barricades around and about the building, but not so as to
prevent entry to the premises, and to do any other act or thing
necessary for the safety or preservation of the premises and the
building if any excavation or other construction is undertaken or
is about to be undertaken on any adjacent property or area;
21 . 1 . 5 To gather information including measurement,
prepare floor plans, etc. for the purpose of performing
architectural design work for the remodeling and/or
rehabilitation of the building and premises .
21 .2 Exercise of Right
Landlord shall exercise its rights under this Section
in a manner that will not interfere unreasonably with Tenant' s
use and occupancy of the leased premises; provided that
Landlord' s entry and activities do not result from Tenant' s
default, Tenant shall be entitled to an abatement or reduction of
minimum monthly rent to the extent that Landlord' s entry and
activities interfere with Tenant ' s occupancy of the leased
premises . Landlord shall not be liable in any other manner for
any inconvenience, disturbance, loss of business, nuisance, or
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other damage arising out of Landlord' s entry on the premises as
provided herein, except damage resulting from the acts or
omissions of Landlord or its authorized representatives .
22 . SALE OR TRANSFER OF PREMISES
If Landlord sells or transfers all or any portion of the
premises, or the building, improvements and land of which the
leased premises are a part, then Landlord, on consummation of the
sale or transfer, shall be released from any liability thereafter
accruing under this Lease.
23. SURRENDER CN TERMINATION; HOLDING OVER
23.1 Surrender of Premises
Tenant agrees to return the leased premises (except
removable trade fixtures, furniture and equipment owned or
installed by Te ant) , to Landlord at the expiration or sooner
termination of the lease term, in good condition and repair,
reasonable wear and tear excepted. Should the Tenant hold the
leased premises with the consent of Landlord after the expiration
of the term of his Lease, then such holding over shall be
construed to be only a tenancy from month-to-month and subject to
all of the Gond' tions and agreements herein contained.
23.2 Removal of Alterations
Landlord, by giving written notice to Tenant within ten
(10) days befor the expiration or termination of the Lease, may
elect to requir Tenant to remove any alterations that Tenant has
made to the premises, and if Landlord so elects, Tenant, at its
sole cost and expense, shall remove the alterations specified by
Landlord in its notice, and shall make such repairs necessitated
by the removal of said alterations, and any damage resulting
therefrom, as m y be necessary to restore the leased 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 Landlord' s notice, whichever is later.
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24 . NOTICES
All notices hereunder shall be in writing and shall be
deemed to have been given upon personal delivery or on the second
(2nd) business day following the date on which sent by mail,
postage prepaid, addressed, to the addresses set forth in Section
1 . 1 and 1 .2 above unless changed in writing effective upon
written notice to each party to this Lease.
25. JOINT AND SEVERAL LIABILITY
Each person or entity named as a Tenant in this Lease, or
who hereafter becomes a Party to this Lease as a tenant in the
leased premises, or as an assignee of Tenant, shall be jointly
and severally liable for the full and faithful performance of
each and every covenant and obligation required to be performed
by Tenant under the provisions of this Lease.
26. BINDING ON SUCCESSORS, ETC.
Landlord and Tenant agree that each of the terms,
conditions, and obligations of this Lease shall extend to and
bind, or inure to the benefit of (as the case may require) , the
respective parties hereto, and each and every one of their
respective heirs, executors, administrators, representatives,
successors and assigns .
27 . ATTORNEYS' FEES
In. the event that any legal action is instituted by either
of the parties hereto to enforce or construe any of the terms,
conditions or covenants of this Lease, or the validity thereof,
the party prevailing in any such action shall be entitled to
recover from the other party all court costs and a reasonable
attorneys ' fee to be set by the court, and the costs and fees
incurred in enforcing any judgment entered therein.
28. PARTIAL INVALIDITY
If any term or provision of this Lease or the application
thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this Lease or the
application of such term or provision to persons or circumstances
other than those to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of
this Lease shall be valid and be enforceable to the fullest
extent permitted by law.
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29. COMPLETE AGREEMENT
This Lease, and the attachments and exhibits hereto,
constitute the e tire agreement between the parties and may not
be altered, amen ed, modified or extended except by an instrument
in writing signed by the parties hereto. The parties
respectively ack owledge and agree that neither has made any
representations or warranties to the other not expressly set
forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the date set forth opposite their respective names .
TENANT, CHRIST THE KING, R.E .C.
Dated: By:
DENNIS CAGLE, Pastor
Attest: LANDLORD, CITY OF ATASCADERO
By:
MARCIA M. TORERS N, RAY JOHNSON,
City Clerk Mayor
Approved as to form:
A
ROY A. HANLEY,
City Attorney
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EXHIBIT A
DESCRIPTION OF LEASED PREMISES :
The following portions of the City Administration Building of the
City of Atascadero:
4TH FLOOR ROTUNDA ROOM, THE KITCHEN AND THE CLUB ROOM AS
INDICATED ON THE ATTACHED MAP, INCLUDING ADJACENT STORAGE
AREA.
Tenant will occupy the above-described space: every Sunday,
7 : 30 a.m. to Noon;
once per month on Sunday from noon until 2 : 00 p.m.,.'and once every
other month on Sunday, from 5 p.m. until 8 : 00 p.m.
ADDRESS : 6500 Palma Avenue
Atascadero, California 93422
A
LEASE AGREEMENT
CHRIST THE KING REFORMED EPISCOPAL CHURCH CONTRACT NO 97029
20
000058
City of Atascadero
Contract #97024
EXHIBIT B
Tenancy to begin: September 8, 1996.
s
A
LEASE AGREEMENT
CHRIST THE KING REFORMED EPISCOPAL CHURCH CONTRACT NO 97029
21
000059
City of Atascadero
Contract #97024
EXHIBIT C
1 . RENT ADJUSTMENTS :
Adjustments to rent will be reviewed on an annual basis . Any
adjustments to rent will be made on JANUARY of each year. Christ
the King Reformed Episcopal Church staff shall submit to the
Director of Community Services, prior to each December 1st,
information regarding
Minimum monthly rent for the term of this Lease Agreement shall
be $375.00.
2 . LATE CHARGE:
Ten percent (10%) of monthly rent (see Section 4 . 1 . 3) .
3 . PROPORTIONATE SHARES :
A. Building Expense/Real Property Taxes :
Not applicable.
B. Insurance :
Not applicable.
C. Utilities/Services .
Not applicable.
LEASE AGREEMENT
CHRIST THE KING REFORMED EPISCOPAL CHURCH CONTRACT NO 97024
22
000060
City of Atascadero
Contract #97024
EXHIBIT D
BUILDING RULES AND REGULATIONS
The leased premises and the building shall be used and occupied
by Tenant and its agents and invitees in accordance with the
following rules and regulations, as they may be amended from time
to time by Landlord:
1 . Tenant and its agents and invitees shall not obstruct the
sidewalks, common halls, passageways, driveways, entrances and
exits of the building; such facilities shall be used only for
ingress to and egress from the leased premises .
2 . All trash and refuse shall be stored in adequate containers
and regularly removed from the premises . No trash or refuse of
any kind shall he burned in or about the leased premises .
3 . Tenant shall not alter any lock or install any new or
additional lock or bolt on any door of the premises without
Landlord' s aper val, and shall furnish Landlord with a duplicate
key for any such lock installed with Landlord' s approval.
4 . Tenant shall not mark, drive nails or screws, or drill into
the partitions, woodwork or plaster or in any way deface the
premises .
5. All moving of furniture, freight or equipment of any kind
shall be done at the times and in the manner prescribed by
Landlord and th ough entrances prescribed for such purposes by
Landlord.
6. User will he responsible for leaving the building in a clean
and orderly fashion.
7 . User must return equipment in the same condition as received
and will be responsible for all damages and/or lost equipment.
8 . User must remove all decorations and supplies from building
after rental is completed. (Storage is not available except as
described in the Lease) .
9 . Garbage needs to be emptied into dumpster (you must supply
your own trashbags) .
LEASE AGREEMENT
CHRIST THE KING REFORMED EPISCOPAL HURCH CONTRACT NO 97024
20
000061
City of Atascadero
Contract #97024
DECORATING POLICY
1 . All decorations must be flame retardant material .
2 . No glitter, confetti, birdseed, hay, rice, or flower petals
may be thrown or used as a decoration in or outside of the
building.
3. Open flame decorations, such as candles (except for altar
candles) or lanterns, are prohibited.
4 . Any plants or shrubs brought in to the building must be in a
waterproof container.
5. When decorating, do not fasten any decorations to light
fixtures or floors . Scotch
tape, masking tape, duct tape, thumb
tacks, nails, staples, etc. , are not allowed. A special
substance called "Hold it" may be utilized.
6. All decorations belonging to the Tenant must be disposed of
immediately after the event. Any decorations left may be
discarded by the Landlord immediately after the event.
C:\CNTRCTS\CHRIST.LEA
LEASE AGREEMENT
CHRIST THE KING REFORMED EPISCOPAL CHURCH CONTRACT NO 97024
21
000062
REPORT TO CITY COUNCIL AGENDA ITEM: A-8
CITY OF ATASCADER0 MEETING DATE: 8-26-97
Through: R bert Grogan, Interim City Manager
Via: B ady Cherry, Community Services Director
From: Valerie Humphrey, Staff Assistant
SUBJECT:
Award of contract to Nelson/Nygaard Consulting Associates.
RECOMMENDATION:
It is reccmmended that Council:
A. Council adopt the Short Range Transit Plan as modified by
citizen and SLOCOG comments; and
B. adopt attached Resolution No. 83-97 awarding a contract
toNelson/Nygaard Consulting Associates for the
preparation of an Implementation Plan for modifying
current Dial-A-Ride service to include fixed route
service.
BACKGROUND:
At a special City Council meeting held on March 19th, Council
adopted the final draft of the Short Range Transit Plan (SRTP)
prepared by Ne son/Nygaard. Subsequent to that meeting a Final
Short Range Transit Plan has been prepared incorporating
modifications made at the March meeting.
At that meeting Paul Jewel, Senior Associate Planner for
Nelson/Nygaard, presented the SRTP and responded to questions from
Council.
A primary recommendation of the SRTP was to consider
modification of the current Dial-A-Ride transportation system to
include fixed route service. Council directed staff to pursue the
development of an implementation plan to execute this
recommendation.
�O�a�3
DISCUSSION:
The City requested and was awarded $15,000 is State Transit
Assistance discretionary funds for the purpose of funding the
Implementation Plan.
Staff has been working with Nelson/Nygaard, SLOCOG and SLORTA
staff on the scope of work to be covered in the document. We now
feel that, when finished, the final document will allow for as
seamless as possible transition to this modified service.
The Implementation Plan will cover specific fixed route issues
regarding route design, location of signs, shelters, and
coordination with Regional Transit runs. Demand response issues
addressed will be service boudaries, operational policies and
coordination with our fixed route system.
We have requested that community meetings be factored into the
scope to allow for input not only from the general public, but from
care providers and parents of subscription riders (school
children) .
It is anticipated that at the conclusion of the community
meetings, we will have a plan to present to Council that will
accommodate all riders while providing the most efficient service
possible.
FISCAL IMPACT:
The cost of the Implementation Plan is fully funded through
STA funds administered` by SLOCOG.
Attachments:
Resolution No. 83-97
Consultant Services Agreement
000064
RESOLUTION NO. 83-97
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCA ERO, CALIFORNIA, AWARDING A CONTRACT TO
N LSON/NYGAARD CONSULTING ASSOCIATES
FOR PREPARATION OF AN IMPLEMENTATION PLAN FOR
FIXED ROUTE TRANSIT SERVICE
WHEREAS, at a special City Council Meeting held on March 19,
1997 Council directed staff to pursue development of an
Implementation Ilan for fixed route transit service; and
WHEREAS, Nelson/Nygaard Consulting Associates has recently
completed a Short Range Transit Plan for Atascadero Dial-A-Ride;
and
WHEREAS, the City of Atascadero received a State Transit
Assistance Grant to fully fund the Implementation Plan.
NOW, THERE ORE, the City Council of the City of Atascadero
does resolve as follows:
1. The Mayor is hereby authorized to execute an agreement
with elson/Nygaard Consulting Associates for the
preparation of an Implementation Plan for fixed route
services for Atascadero Dial-A-Ride.
2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3. The Finance Director is hereby authorized to
appro riate, release and expend $9,600 in funds
received from the San Luis Obispo Council of
Gover ments to Nelson/Nygaard Consulting Associates
upon notice of satisfactory completion of this contract
by the Director of Community Services.
On a motion by Councilmember and seconded
by Councilmember the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
0000165
Resolution No. 83-97
page two
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
000066
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, made this day of , 19 , by and between
the CITY OF ATA CADERO, hereinafter referred to as "City", and
Nelson/Nygaard Consulting Associates, hereinafter referred to as
"Consultant" .
Witnesseth
For and irk consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Article 1
Authorisation
A. Consultant will perform this Agreement in conjunction
with a Notice to Proceed issued by the Department of Community
Services.
B. The following exhibits are attached hereto and
incorporated he ein by reference as though here fully set forth.
Exhibit "A"
Scope of Work
Exhibit "B"
Fee Schedule
Article 2
Responsibilities of Consultant
A. Scope. Consultant will provide the following services
as described herein and under Exhibit "A" for the City project
hereinafter described: Dial-A-Ride Fixed Route Implementation Plan.
B. Coordination. In the performance of Consultant's service
under this Agreement, Consultant agrees that he will maintain such
coordination with City officials as may be requested and desirable,
including primary coordination with the Project Coordinator, herein
designated as the Director of Community Services.
C. Consultant's Services. Insofar as they may be
applicable to the project contemplated by this Agreement,
Consultant shall render the services and furnish the work tasks as
described by Exhibit "A".
000067
Article 3
Responsibilities of City
City shall cooperate with Consultant on all phases of the work
covered by this Agreement and will make available to him, as his
needs indicate, all existing data relating to current transit
operations.
Article 4
Fee and Provision for Payment
City will pay Consultant a fee according to Exhibit "A" as
modified by Exhibit "A", for work contracted in this agreement and
billed for based on the payment schedule in Exhibit "A".
Consultant shall be paid no -later than thirty (30) days following
receipt by City of Consultant's progress report and invoice.
Article 5
Payment for Extra Work or Changes
Any claim for payment for extra work or changes in the work
will be paid by city only upon certification by the City Manager
that the claimed extra work or change was authorized in advance by
the Project Coordinator and the City Manager, and that the work has
been satisfactorily completed. Claims for such extra work must be
submitted by Consultant within thirty (30) days of completion of
such work and must be accompanied by a statement of itemized costs
covering said work.
Article 6
Suspension or Termination of Agreement
A. Suspension of Agreement. If Consultant fails to comply
with the conditions of the Agreement, City may, by written notice
of the Project Coordinator and the City Manager, suspend the
Agreement and withhold further payments pending corrective action
by Consultant or a decision to terminate the Agreement. After
receipt of notice of suspension, Consultant may not incur
additional obligations of Agreement funds during the suspension
unless specifically authorized by the Project Coordinator and the
City Manager.
B. Termination for Convenience. Either party hereto shall
have the right to terminate this Agreement upon giving ten (10)
days written notice of such termination of this project in its
entirety, notwithstanding any other fee provisions of this
Agreement, based upon work accomplished by Consultant prior to
notice of such termination, City shall determine the amount of fee
to be paid to Consultant for his services based upon the provision
in Exhibit "A", and such findings of City shall be final and
conclusive as to the amount of such fee. In the event of
termination of any portion of this project, Consultant shall be
entitled to the reasonable value of his services involved in the
termination, as determined by City, upon a finding which shall be
final and conclusive as to the amount of fee due and owing.
000068
Article 7
Time of Completion
Consultant agrees to diligently pursue his work under this
Agreement and to complete the work as described in Exhibit "A".
Consultant shall not be responsible for any delay which is caused
by City review, action or inaction of City and/or any state or
federal agency, or acts of God, but shall be responsible for his
own fault or negligence or that of any of his subcontractors.
Article 8
Conflicts of Interest
No member, officer, or employee of City, during his or her
tenure, or for one (1) year thereafter, shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
Article 9
ownership of Data
The ownership of all data collected for use by Consultant
under this Agreement shall be vested in City.
Article 10
Covenant Against Contingent Fees
Consultant warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely
for him, to solicit or secure this Agreement, and that he has not
paid or agreed to pay any company or person, other than bona fide
employee working solely for him, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent on or
resulting from the award or making of this Agreement. For breach
or violation of this warranty, City shall have the right to annul
this Agreement without liability or, in its discretion, to deduct
from the contrac price or consideration or otherwise recover, the
full amount of such fee, commission, percentage fee, gift, or
contingency.
Article 11
Contract Personnel
The work tc be done pursuant to this Agreement shall be done
by Nelson/Nygaard Consulting Associates and such other personnel in
the employ or under the supervision of Consultant who shall be
approved by City. The City official who shall be vested with the
right of approval of such additional personnel or outside
contracting parties shall be the City Manager. City reserves the
right to reject any of Consultant's personnel or proposed outside
consultants, and City reserves the right to request that acceptable
replacement personnel be assigned to the project.
000069
Article 12
Indemnity Clause
Consultant shall indemnify, and save harmless the City of
Atascadero, its officers, agents, and employees, from any and all
claims, demands, damages, costs, expenses, or liabilities arising
out of this Agreement and to the extent occasioned by the
performance or attempted negligent performance of the provisions
hereof, including, but not limited to, any negligent act or
omission to act on the part of Consultant or his agents or
employees or independent contractors directly responsible to him,
except that the above shall not apply to the negligence or willful
misconduct of City or City's agents, servants, or independent
contractors who are directly responsible to City.
B. Automobile Liability Insurance. Consultant shall also
maintain in full force and effect for the duration of this
Agreement, automobile insurance with an insurance carrier
satisfactory to City, which insurance shall include protection
against claims arising from personal injury, including death
resulting therefrom, and damage to property resulting from any
actual occurrence arising out of the performance of this Agreement.
The amounts of insurance shall be not less than the following:
Single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage or a
combination thereof in an amount not less than the minimum mandated
by the State of California.
C. Workers Compensation Insurance. In accordance with the
provisions of Section 3700 of the Labor Code, Consultant shall be
insured against liability for workers compensation or undertake
self-insurance. Consultant agrees to comply with such provisions
before commencing performance of any work under this Agreement.
Article 14
Status
Consultant shall, during the entire term of this Agreement, be
construed to be an independent contractor, and in no event shall
any of his personnel or subcontractors be construed to be employees
of City.
Article 15
Non-Discrimination
Consultant shall comply with the provisions of Presidential
Executive Order No. 11246 of September 24, 1965, and all other
orders, regulations, and laws governing non-discrimination in
employment, including in particular, Section 122 (a) of the State
and Local Fiscal Assistance Act of 1972.
0000'70
Article 16
Modification of Agreement
This Agreement may be modified only by a written amendment
signed by both parties hereto.
Article 17
Law Governing
This Agreement shall be governed by the laws of the State of
California.
Article 18
Communications
Communicat'ons between the parties to this Agreement may be
sent to the following address:
City: CITY OF ATASCADERO
6500 Palma Avenue
Atascadero, CA 93422
Attn: Valerie Humphrey
Consu tant:Nelson/Nygaard Consulting Assoc.
833 Market Street, Suite 900
San Francisco, CA 94103
Attn: Paul Jewel
ACCE TED AND AGREED this day of , 19
CITY: CONSULTANT:
CITY OF ATASCAD RO,
a municipal cor oration
By By
RAY JOHNSON, Mayor
ATTEST: APPROVED AS TO FORM:
MARCIA M. TORGE SON, City Clerk ROY HANLEY, City Attorney
0000,71
EBHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE CONSULTANT
Contractor shall provide consultation and professional
services to City as follows:
Preparation of an Implementation Plan for Atascadero Dial-A-
Ride to integrate fixed route service with the current demand
responsive service. The steps taken to prepare the plan will
include the following:
1. Resolve fixed route issues
* Finalize routes
* Determine final locations for signs and shelters
* Work with CCAT on schedule coordination/joint
bus stop issues
* Prepare final schedules
2. Resolve ADA/Dial-A-ride Issues
* Determine final zone boundaries for general
public DAR
* Update DAR trip eligibility rules and
requirements
* Service Policies (ADA trip reservations,
referral policies)
* ADA Compliance Plan review, recommendations,
formal inclusion in Regional Comparable Service
Plan
3 . Stakeholders Meetings
* Attend a minimum of two community meetings
4. Presentation of final Implementation Plan to City
Council
000072
EXHIBIT B
FEE SCHEDULE
Item #1 Resolve Fixed Route Issues $4,000
Item #2 - Resolve ADA/Dial-A-Ride Issues $4, 000
Item #3 - S akeholders Meetings
o Meetings held on the
same day $ 900
Item #4 - Presentation of Final Plan
to City Council $ 700
TOTAL COST $9, 600
All additional meetings will be billed on a time and
materials basis.
000073
REPORT TO CITY C UNCIL MEETING DATE: 8-26-97
CITY OF ATASCADE O AGENDA ITEM#: A-9
Through: Robert Gr gan, Interim City Manager
From: Rachelle Rickard, Accountant
SUBJECT:
Designation of Cit representatives authorized to execute State Office of
Emergency (OES) documents for financial assistance.
RECOMMENDATION:
Staff recommends City Council adopt Resolution 84-97 designating City
representatives authorized to execute State OES documents for certain financial
assistance.
BACKGROUND:
The City must authorize certain individuals to execute applications and other
administrative documents for the purpose of obtaining certain federal financial
assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1988 and the Natural Disaster Assistance Act.
In March of 1995, t e City adopted a resolution designating the former Finance
Director, former Police Chief, and former City Manager as the City's
representatives. These individuals are no longer with the City. In order to claim
funds, finalize projects, etc. the City must have current representatives. It is
recommended that Rachelle Rickard (Accountant), be the primary representative
with Brady Cherry (Director of Community Services), and Wade McKinney (City
Manager) as alternates.
FISCAL IMPACT:
None.
0000' 4
RESOLUTION NO. 84-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,AUTHORIZING CERTAIN CITY
REPRESENTATIVES TO EXECUTE STATE OFFICE OF EMERGENCY
SERVICES DOCUMENTS FOR CERTAIN FINANCIAL ASSISTANCE
WHEREAS, The City Council of the City of Atascadero must designate
certain City representatives to execute assurances and agreements pursuant to
the laws of the State of California, Office of Emergency Services; and
WHEREAS, The City's current list of such authorized representatives is
outdated,
NOW, THEREFORE, BE IT RESOLVED, the following named
individuals shown on the attached OES Form 130, are hereby authorized to
execute for, and on behalf of, the City of Atascadero, a public entity established
under the laws of the State of California, applications and documents for
purposes of obtaining certain federal financial assistance under P.L. 93-288 as
amended by the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1988 and/or state financial assistance under the Natural Disaster
Assistance Act.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero held on the of ) 1997,
On motion by Councilman , and seconded by
Councilman , the foregoing resolution is hereby adopted in its
entirety on the following roll call vote:
ATTEST: CITY OF ATASCADERO
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
0000'75
State of California Disaster Number 1046
OFFICE OF Federal PA Number 079-03064
EMERGENCY SERVICES State Application Number
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE C OUNCIL ,OF THE CITY OF ATASCADERO
(Board of Directors or Governing Body) (Name of Organization)
THAT Rachelle Rickard Accountant
(Name of Designated Agent) (Title)
OR
Brady Cher Director of Community Services
(Name of Designated Agent) (Title)
OR
Wade G. McKinney City Manager
(Name of Designated Agent) (rile)
is hereby authorized to execute for E nd in behalf of the City of Atascadero , a public entity
(Name of Organization)
established under the laws of the St ate of California, this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance A t of 1988, and/or state financial assistance under the Natural Disaster Relief and
Emergency Assistance Act for the flood which occurred in January of 1995
(fair,Flood,Earthquake,Etc.) (Month/Date) (year)
That the Cily of Atascadero , a public entity established under the laws of the State of California, hereby authorizes
(Name of Organization)
its agent to provide to the State Offi a of emergency services for all matters pertaining to such disaster assistance the
assurances and agreements required.
Passed and approved this 2 th day of August 1997
(Date I (Month) (Year)
(Name and Title of Approving Board of Council Member)
(Name and Title of Approving Board or Council Member)
(Name and Title of Approving Board or Council Member)
CERTIFICATION
I, Marcia M Torcierson , duly appointed and City Clerk of
(Name) (Title of Clerk or Certifying Official)
City of Atascadero , do hereby certify that the above is a true and correct copy of a resolution passed
(Name of Organization)
and approved byte City Council of the
(Board of Directors or Governing Body)
City of Atascadero on the 26th day of August 1997.
(Name of Organization) (Date) (Month) (Year)
Date:
(Clerk or Certifying Official)
(Signature)
State of California Disaster Number 1044
OFFICE OF Federal PA Number 079-03064
EMERGENCY SERVICES State Application Number
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE COUNCIL ,OF THE CITY OF ATASCADERO
(Board of Directors or Governing Body) (Name of Organization)
THAT Rachelle Rickard Accountant
(Name of Designated Agent) (Title)
OR
Brady Cherry Director of Community Services
(Name of Designated Agent) (Title)
OR
Wade G. McKinney City Manager
(Name of Designated Agent) Rtle)
is hereby authorized to execute for and in behalf of the City of Atascadero , a public entity
(Name of Organization)
established under the laws of the State of California,this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Relief and
Emergency Assistance Act for the flood which occurred in January of 1995
(fair,Flood,Earthquake,Etc.) (Month/Date) (Year)
That the City of Atascadero , a public entity established under the laws of the State of California, hereby authorizes
(Name of Organization)
its agent to provide to the State Office of emergency services for all matters pertaining to such disaster assistance the
assurances and agreements required.
Passed and approved this 26th day of August 1997
(Date) (Month) (Year)
(Name and Title of Approving Board of Council Member)
(Name and Title of Approving Board or Council Member)
(Name and Title of Approving Board or Council Member)
CERTIFICATION
I, Marcia M Torgerson , duly appointed and City Clerk of
(Name) (Title of Clerk or Certifying Official)
City of Atascadero , do hereby certify that the above is a true and correct copy of a resolution passed
(Name of Organization)
and approved by the Cily Council of the
(Board of Directors or Governing Body)
City of Atascadero on the 26th day of August 1997.
(Name of Organization) (Date) (Month) (Year)
Date:
(Clerk or Certifying Official)
(Signature)
000077
REPORT TO CITY COUNCIL
CITY OF ATASCADE O Agenda Item: B-1
Through: Robert F. Grogan Meeting Date: 08/26/97
Interim City Manager
File Number: ZC 97004
CUP97009
Via: Steven L. DeCamp
Acting Community Development Director
From: . Doug Davidson
Senior Planner
SUBJECT:
Consideration of a request to add "utility facilities" to the list
of conditionally allowed uses in the Downtown Commercial zone and
subsequently to remove an existing 65 ' lattice tower and construct
a new 65 monopole for telecommunication services in the Tourist
Commercial Downtown Overlay zone.
RECOMMENDATION•
Staff recommend the following actions as recommended by the
Planning Commission:
1 . Ordinance No. 333 - Read by title only and approve on first
reading amending the Zoning Ordinance text by adding "Utility
Facilities" to the list of conditionally allowed uses in the
Downtown Commercial Zone.
2 . Approve Conditional Use Permit 97009 based on the Findings for
Approval c ntained in the Planning Commission staff report,
dated August 5, 1997 and the attached Revised Conditions of
Approval.
BACKGROUND:
On August 5, 1S97, the Planning Commission conducted a public
hearing on theabove-referenced applications . After discussion
(see attached minutes excerpts) the Planning Commission, on a 6 :0
vote (one Commissioner was absent) , recommended approval of Zone
Change 97004 and Conditional Use Permit 97009 .
cc: Nextel Communications
Attachments : Ordinance No. 333
Revised Conditions of Approval
Planning Commission Staff Report - 8/5/97
Minutes Excerpts - 8/5/97
0000,78
ORDINANCE NO. 333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE ZONING ORDINANCE TEXT BY ADDING "UTILITY FACILITIES"
TO THE LIST OF CONDITIONALLY ALLOWED USES IN THE DOWNTOWN
COMMERCIAL ZONE
(ZONE CHANGE 97004 - NEXTEL COMKINICATIONS, INC. )
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendment will not result in a
significant adverse effect on the environment - the Negative
Declaration prepared for the project is adequate as defined by
the California Environmental Quality Act; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 5, 1997 and has recommended approval of Zone
Change 97004 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1 . The proposal is compatible with the surrounding land
use and zoning designations.
2. The proposal is consistent with the General Plan Land
Use Element
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2 . Zoning Ordinance Text
The City' s Zoning Ordinance Text is hereby amended to add
"utility services" to the list of conditionally allowed uses
in the Downtown Commercial Zone as shown on the attached
Exhibit A which is hereby made a part of this ordinance by
reference.
000079
Ordinance No. 3-33
Page 2
Section 3 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion y Councilperson and
seconded by Cou cilperson , the foregoing
ordinance is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGE SON, City Clerk
APPROVED AS TO ORM:
ROY A. HANLEY, ity Attorney
PREPARED BY:
• STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR
000080
EXHIBIT A
ORDINANCE 333
DOWNTOWN ZONE 2
DC (Downtown Commercial) Zone
9-3.271. Purpose: This zone is established to encourage a wide
variety of retail, office, restaurant, -personal service, and
other commercial activities.
9-3.272 . Allowable Uses: The following uses shall be allowed
in the Downtown Commercial Zone. The establishment of allowed
uses shall be as provided by Section 9-2.107 (Plot Plans) and
Section 9-2.108 (Precise Plans) :
(a) Food and beverage retail sales
(b) Furniture, home furnishings and equipment
(c) General merchandise stores
(d) Temporary or seasonal sales
(e) Health care services
(f) Libraries and museums
(g) Offices
(h) Personal- services
(i) Utility offices
(j) Eating and drinking places (exclusive of drive
through facilities)
(k) Temporary events
(1) Broadcasting studios
(m) Building materials and hardware (where all areas of use
are within a building)
(n) Financial services (exclusive of drive through
facilities)
(o) Residences (second floor use only)
(p) Schools - Business and vocational (second floor use
only)
9-3.273 . Conditional Uses: The following uses may be allowed
in the Downtown Commercial Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109
. 000081
(f)U ILI TY FACILITIES
(Conditio al Use Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Hotels and motels
(d) Schools - Business and vocational (first floor use)
(e) Transit terminal (where no storage or repair of
vehicles occurs)
9-3.274 . Lot Sizes : There shall be no minimum lot size in the
Downtown Commercial Zone.
9-3 .275. Setbacks: Setbacks shall be as follows:
1. 1,7ront Setback:
a. E1 Camino Real north of West Mall:. No setback
allowed
b. El Camino Real south of West Mall: Variable (to be
established
during design
review)
C. Traffic Way: No setback allowed
2. Rear Setback: None required
3. Side Setback: None required
4 . Creek Setback: Variable (to be established during
design review)
9-3 .276. Parking Requirements:
1. Che parking requirements for uses located in this zone
shalL be as required in Table 1 of the Downtown Master Plan.
2. For existing buildings, only the parking needed for
addi ions thereto, or for changes in occupancy which
incr ase parking relative to the prior use, shall be
requ red.
3. rhe parking space requirements may be met by:
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
000082
five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Any combination of subsections a. through c. above.
_ s
000083
ATTACHMENT H - Co iditions of Approval
Conditional Use Eermit 97009
6490 El Camino Real (Nextel)
Revised by the Planning Commission August 5, 1997
CONDITIONS OF APPROVAL:
1 . All construction shall be in conformance with plans
contained ir Attachments C and D, all conditions of approval
contained herein, and all applicable provisions of the
Atascadero ivunicipal Code. Any substantial modification of
the project shall require approval of the Planning
Commission.
2 . The entire Froject shall be subject to all ordinary
requirementE of the City Building Division that are
necessary tc secure and final building permits . Any
additional information, such as engineering calcs or
structural details, deemed necessary for the review and
approval of building permits shall be provided.
3 . The monopol shall be painted a dark green color to match
the existind vegetation as closely as possible.
4 . The facility shall be designed to accommodate an additional
carrier of wireless communication services .
S. Signage is prohibited on the monopole unless identification
signs at the base facility are mandated by federal law.
6. Lighting on the monopole is prohibited unless required by
FCC, FAA, o other federal statute.
7 . The existing lattice tower shall be removed prior to, or in
conjunction with, construction of the new monopole. If the
use of the monopole should cease as a telecommunication
utility facility, the monopole and accessory structure
shall be removed no later than six months from the date of
abandonment
8 . The telecommunication utility facility shall be designed and
constructed in compliance with all applicable local building
code and federal law requirements. The project shall be
compatible with the Downtown Plan, including but not limited
to, landscaping, screening, and architectural treatment.
•
000084
9. This Conditional Use Permit Reconsideration 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.
M1
000085
CITY OF ATASCAD O Item: B.2
STAFF REPORT
FOR: Planning Commission Meeting Date: August 5, 1997
BY oug Davidson, Senior Planner File No: ZC 97004/CUP 97009
SUBJECT:
Consideration of a request to add "utility facilities" to the
list of conditi nally allowed uses in the Downtown Commercial
zone and subsequently to remove an existing 65' lattice tower and
construct a new 65' monopole for telecommunication services in
the Tourist Commercial Downtown Overlay zone.
RECOMMENDATION:
Staff recommends the following actions:
1 . That the N gative Declaration prepared for the project be
found adeq-uate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Zone Change 97004 be recommended for approval to the
• City Council based on the Findings in Ordinance 333 .
3 . That Conditional Use Permit 97009 be recommended for
approval tc the City Council based on the Findings for
Approval c ntained in Attachment J and the Conditions of
Approval c ntained in Attachment K.
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . . ... . . . . . . . . . .Nextel Communications
2 . Representative. . . . . . . . . . . . . . .Kirk Kimmich
3 . Project: Address. . . . . . . . . . . . . . 6490 El Camino Real
4 . Site Area. . . . . . . . . . . . . . . . . . 600 sq. ft. (lease area)
5. Zoning . . . . . . . . . . . . . . . . . . . . . .Downtown Commercial
6. General. Plan Designation. . . . .Downtown
7 . Existi g Use. . . . . . . . . . . . . . . 65' Lattice Tower
8 . Enviroiunental Status . . . . . . . . .Neg Dec posted 7/15/97
1
000086
B. BACKGROUND:
On February 8, 1996, the Telecommunications Act of 1996 became
law. The Act' s primary purpose is to encourage competition among
providers of telecommunications services by overcoming the legal
and functional barriers between a number of formerly distinct and
conflicting industries . All wireless telecommunication providers
must be licensed the federal government to use the
electromagnetic spectrum. In 1995 and 1996, the federal
government auctioned $27 billion in new spectrum licenses. It is
anticipated by the year 2000 that 100 million subscribers will be
using some sort of wireless communication. Nationwide,
approximately 100, 000 new antenna sites could be needed to meet
this demand and provide adequate coverage of service areas.
This demand has been reflected locally over the last few years -
the City of Atascadero has received numerous inquiries from
wireless communication providers. This application from Nextel
Inc. is ,the first to be reviewed since the increased licensing
activity spurred by the 1996 federal law.
Project Description
Nextel has been licensed to construct and operate a dual purpose
digital mobile radio system. The Enhanced Specialized Mobile
Radio (ESMR) system upgrades the current analog dispatch system
to a multipurpose digital system. It provides two-way radio
dispatch, as well as telephone, data transmission, paging, and
voice mail services . This system also provides an alternative to
the traditional cellular phone system (which is also undergoing a
similar transformation' to a digital all-in-one service usually
defined as personal communication services (PCS) . Attachment D
contains more details on the operation of the ESMR system.
The actual project is the removal of the existing 65' lattice
tower at 6490 E1 Camino Real and its replacement with a 65' steel
monopole. The pole would support 12 (1' X 41 ) panel antennas .
Accompanying the pole structure would be a 200 square foot
prefabricated building to house the electronic radio equipment.
The project is designed to allow an additional carrier of
wireless telecommunication services to share the same pole.
C. ANALYSIS:
The project analysis will begin with consideration of a zone text
amendment to add the land use "utility facilities" to the list of
conditionally allowed uses in the Downtown Commercial Zone. The
report goes on to review the specific project described above at
a particular location in the Tourist Commercial Downtown Overlay
zone.
i
2
00008'7
Zoning OrdinanCE., Text
The City Council. adopted Ordinance 225 in June 1991, revising the
Zoning OrdinanCE., Text to require Conditional Use Permit approval
for certain previously allowed "utility transmission facilities"
in residential zones . The matter came before the City Council
after a cellular antenna was constructed on Santa Ana Road
without the benefit of neighborhood notification or Planning
Commission review. It was realized that the land use definition
of "utility tra smission facilities" included the main utility
distribution and transmission lines, but not utility facilities
such as cellular receiving and transmitting antennas. Ordinance
225 created the new land use description "utility facilities" to
recognize these types of utility services . To recognize the
potential impact of utility towers in residential zones, this
newly created land use was listed as "conditional" in residential
zones . The Ordinance was silent on "utility facilities" in
commercial zones, thus precluding them in such locations .
Staff agrees with the applicant that utility facilities should be
considered in commercial zones . In fact, Atascadero' s Ordinance
is backward from most other jurisdictions, where utility
facilities are discouraged, if not prohibited, in residential
zones and encouraged in commercial areas. Clearly,
telecommunication facilities are more compatible in commercial
zones. Citizen concerns over radio frequency emissions,
aesthetics, and property values are justifiably much stronger in
residential zones. Indeed, the International City and County
Management Association (ICMA) report Siting Wireless
Communications : Planning and Law "encourages and promotes the
location of new communication towers in areas that are not zoned
for residential use. "
Telecommunication Facility - 6490 E1 Camino Real
The proposed pr ject will continue the long standing land use of
the site by replacing the existing abandoned lattice tower with a
telecommunicati n pole of the same height. Furthermore, the new
Nextel facility can be painted a darker color to blend in better
with the existing vegetation. In fact, Nextel is proposing such
a treatment and the Planning staff is ensuring that it be
accomplished in Condition#3. As Attachment D states, Nextel
pursued possible sites in residential zones in an attempt to
comply with the existing zoning standards, but could not find a
suitable site. A telecommunication tower painted to match its
surroundings is clearly more compatible adjacent to the U.S.
Highway 101 corridor than in a residential zone.
3
000088
In addition to aesthetics, the other concern most often cited .
with utility tower facilities is the perceived health hazards .
Numerous studies have been undertaken to determine the health
risks, particularly upon children, of radiation emission from
utility transmission towers . These tests are inconclusive -
many test results have shown a direct correlation between
proximity to these facilities and increases in illness among
children, while others have uncovered no direct link.
Location of utility facilities in commercial zones reduces, but
does not eliminate, the fears associated with exposure to
electromagnetic fields and radio frequency radiation. For the
following two reasons, health hazards are not a concern with the
r application. First the
proposed applicat o industry has increased- its
self-regulation per the 1996 Telecommunication Act. Stricter
exposure limits have been placed on emissions from both tower and
building-mounted antennas, as well as from hand-held cellular
phones. For this reason, local governments can no longer render
decisions on wireless facilities based only on the environmental
effects of radio frequency emission. Secondly, there is a
substantial difference between emissions from high-powered
overhead transmission lines and mobile radio antennas. Indeed,
federal law recognizes this difference. According- to the Office
of Engineering and Technology (OTE) Bulletin No. 56, "base-
station radio antenna powers are quite a bit lower than high-
powered transmitters, such as radio and television towers or
overhead utility distribution lines . Base-station radio antennas
are normally inaccessible to the public since they must be
mounted at significant heights above ground to provide for
adequate signal coverage. Also, many of these antennas transmit
only intermittently. For these reasons, base-station radio
antennas have generally not been of concern with regard to
possible hazardous exposure to radiation."
The pole' s placement behind the existing El Camino Real
development, adjacent to the freeway will lessen its prominence.
In addition, the entire site from the yogurt shop and flower
shop, along Atascadero Mall, to the freeway is screened with
solid six foot wood fencing. Inside this enclosed area, chain
link fencing will demarcate the lease area and provide security.
Thick, mature landscaping up to 40 feet high lines the freeway
frontage of the property. Painting the pole a dark green to
blend in with the freeway landscaping should make the pole as
unobtrusive as possible.
D: CONCLUSIONS:
Under the 1996 Telecommunication Act, the City can regulate the
location of telecommunication towers, but can not prohibit such
facilities within its boundaries . With this in mind, it seems
appropriate to offer consideration, if not encouragement, for
4
000089
such uses to locate in commercial zones . (Chapter 3, the land
use section of the Zoning Ordinance, is next in line for revision
under the compr hensive Zoning Ordinance Update. Staff will be
recommending that "utility facilities" be conditionally allowed
in other commercial zones. ) Until that time, this situation will
encourage coloc tion. If the City should receive a similar
inquiry or application, staff will direct them to Nextel for the
purpose of sharing the pole. The ability for colocation
minimizes the n ed for construction of new towers . Although
legal and techn logical barriers make it difficult for the City
to mandate colocation, the City can promote it by offering a more
timely and less costly procedure. In this case, a colocator need
only a ministerial building permit, while construction of a new
tower would req ire a CUP in a potentially sensitive residential
area or a zone change in other commercial areas. Notwithstanding
the historical use of this site with a 65' lattice sign tower,
the placement, form, and color of the Nextel monopole will blend
in with its fre way corridor surroundings . The proposed site is
a good location for a telecommunication facility - one which
meets the City' E obligation to recognize and plan for new
technology, wit out compromising its community character.
ATTACHMENTS :
Attac ent A - Location Map (General Plan)
Attac ent B - Location Map (Zoning)
Attac ent C - Site Plan/Elevations
Attachment D - Letter from Applicant
Attac ent E - Negative Declaration
Attac ent F - Draft Ordinance 333
Attac ent G - Findings for Approval
Attac ent H - Conditions of Approval
Sources :
International City/County Management Association. "Siting
Wireless Telecommunications : Planning and Law" MIS Report
Volume 29/ Number 1, January 1997 : page 7 .
Federal Communications Commission Office of Engineering and
Technology, "Questions and Answers about Biological Effects
and Potential Hazards of Radiofrequency Radiation" OET
Bulletin No . 56, January 1989: page 12 .
5
000090
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000093
ATTACHMENT D
Nextel Communications
624 S.Grand Avenue,Suite 900, Los Angeles,CA 90017
213 312-3000 FAX 213 312-1220
_.�� NEXTEL COMMUNICATIONS
SITE #495A ATASCADERO
Project Description
Smart SMR of California, Inc. dba Nextel Communications, Inc. is proposing to construct and
operate an unmanned telc communication facility at 6490 El Camino Real in the City of
Atascadero.
The proposed project in Ives removing an abandoned 65' lattice tower and replacing it with a
65' steel monopole whicli will support 12 (1' x 4') directional panel antennas. In addition, the
proposed project include a 10' x 20'x 10' high prefabricated shelter for electronic radio
equipment which will be located at the base of the monopole. The radio equipment shelter has
a 2-hour fire rating and uses gel-type batteries for back-up power in the event of a power
outage. No fuel or genet ator is proposed as part of this project. The monopole will be
designed structurally to a ccommodate an additional carrier in the future; thus allowing for co-
location opportunities wi-hin the city.
• The proposed communication facility will be unmanned with the exception of routine
maintenance visits, once a month, to ensure that all equipment is in proper working order. In
addition, the entire facili will be enclosed by a 6' chain link fence that has 3 strands of razor
wire on top to prevent int sion. This facility will also be remotely monitored on a 24 -hour
basis for fire and intrusion.
System Description
Nextel Communications, Inc. has been authorized by the Federal Communications Commission
(FCC)to construct and operate the first dual purpose digital mobile radio system in the United
States. The system provides superior service to the public in that it upgrades the current analog
Specialized Mobile Radi (SMR) system (used primarily as a dispatch communications system
for fleet users)to state-of-the-art digital technology. Additionally,the fully digital system
provides an "alternative" to the current analog cellular phone system. This service is offered to
local public safety entities as well as to the general public. In the event of a natural disaster,
Nextel Communications ill have the ability to provide emergency communications within the
City of Atascadero, as wa s done for the American Red Cross during the Northridge Earthquake
in Los Angeles.
The new Enhanced Speci lized Mobile Radio (ESMR) system offers two-way radio service,
including a dispatch function for fleet vehicle users, while also providing telephone, data
transmission, paging, short message functions, and voice mail services. The system provides the
1
0000911
ability to tailor user talkgroups within specific geographic areas, wherein a dispatcher can contact
only the closest units to a given location rather than the entire fleet. This streamlines the
dispatching process while allowing faster response to customer demand.
The advantages of a fully digital system are many-fold compared to the analog/digital hybrid
systems currently in existence. The system is more efficient, requiring fewer sites to serve the
same number of customers. Additionally, the transmissions are indecipherable for any potential
eavesdropping devices except perhaps those specially used by the most sophisticated government
intelligence agencies.
The service area is divided into a grid of theoretically hexagonal geographic areas. At the center
of each area is a low power, unmanned radio repeater station which handles the calls to and from
mobile customers with in the area. As a mobile moves from one area to another with a call in
progress, the call is automatically"handed off'to the next repeater without interruption.
Telephone line connections between repeater sites and the switching office,and from the
switching office to the telephone company central office, permit mobile customers within the
service area to utilize their phones, with direct dialing, no operator, and with superior audio
quality.
Users may opt for one or more of the following services:
• Dispatch only -handles communications between a mobile and a dispatcher •
• Telephone Interconnect only - similar to the mobile phones used by "Cellular,"which allow
only on-to-one communications, except through conference calling
• Multi-Function - provides users with the advantages of all functions.
Transmit and Receive
Transmit power is adjusted to provide adequate coverage without producing interference within
the present system, and typically is within the range of 5-100 watts ERP (effective radiated
power). Mobile units transmit at 851-866 MHz and receive at 806-821 MHz.
Environmental Setting(From Environmental Information Form)
The existing project site consists of a 65' abandoned lattice tower, a flower shop and vacant land.
The site has a 0-3% slope and contains nearby utilities for power and telephone. No known
animals, cultural or historical resources inhabit the project site.
Surrounding properties in the region include: El Camino Real Street, Atascadero City Hall to
the north, Highway 101 to the south, a cul-de sac, parking lot, automotive repair shop and real
estate office to the east, and a fast food restaurant to the west.
2
000095
Additional Information (From Environmental Information Form)
Discuss in detail the other development alternatives that were considered for this site or project.
Explain why each of the alternatives was rejected.
The project location was chosen because of the existing lattice tower onsite, and because of it's
proximity within the City of Atascadero and to Highway 101.
As part of the proposed project, the existing 65' lattice tower would be removed and replaced
with a 65' monopole. placing the lattice tower with a monopole would potentially improve
the view corridor from Highway 101 as well as within the City of Atascadero (generally
monopoles are visually less obtrusive than lattice towers). In addition, the pole would be painted
a darker color, versus the existing beige color, to blend better with existing trees onsite. As
mentioned above, the m nopole will be designed so that it is capable of supporting a second,
future carrier below Next 1's antennas. It is likely that the City of Atascadero will be approached
by carriers of the D, E, and F blocks to locate an additional communication facility within the
City; therefore, the proposed facility would be potentially capable of meeting a portion of this
upcoming need in the region.
Provide any additional information that you believe will be beneficial in the analysis of the
potential environmental c fects of your project.
After the proposed site Nvas initially chosen, it was discovered that City of Atascadero zoning
ordinance did not allow for communication facilities (defined in the zoning ordinance as Utility
Facilities) in Commercial Zones or within the Downtown Commercial Specific Plan area of the
City, but instead only i i Residential Suburban (RS), Residential Single Family (RSF), and
Residential-Multiple Family (RFM) Zones. Therefore,Nextel began to pursue other areas within
the City (Residentially Yoned properties where these type of facilities-utility facilities were
permitted with a Conditional Use Permit). After several sites were considered, they were not
further pursued for a va iety of reasons, which include: poor signal coverage during the test,
proximity to adjacent re idential units (greater chance of neighborhood opposition), poor soil
conditions, proximity to ak Trees, limited access, etc.
A zone change to the C ity's Zoning Ordinance would allow for communication facilities in
commercial areas of the City, where they are more commonly found within most jurisdictions in
California. In addition, there would be almost certainly less opposition in commercial areas
within the City versus Residential areas.
3
000096
ATTACHMENT E
CITY OF ATASC.ADE- O #
ENVIRONMENTAL COORDINATOR
NEGATWE DECLARATION
COMMUTIN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
3
4PPLICANT: Np=x rt L Ceivm vA1 iCAt10AJS j TA;(, .
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1�5 ANl,'LEsq CA 900/7
PROJECT TITLE: '�0 ru l�i t/o/U i�L (/S l` /PERM (7" 97009
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PROJECT LOCATION: 6490 L- C.AM"U0 SEAL
PROJECT DESCRIPTION: 7'0 APD "UT I L i ty
;t'N011-1CNr4LLy ALLO�rvF_.D USES 1A) 7'N F bovY�v t0 W/v c:DNt10 F_/ZC 1 A� Zo Nr
1//_D Sk)Z5r Gt UF_AJ t REVIEW OF A &S + TELt C?N1M UN 17/V 7'0YY E/Z .
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited. but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERt1IiATION:
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
STEVEN L. DECAMP
CITY PLANNER : ..
Date Posted: ' : :Yvl-y l S� 017
Date Adopted: AUl-u"y' SJ
CDD 11-89
00009'7
• ATTACHMENT G - indings for Approval
Conditional Use Permit 97009
6490 E1 Camino Real (Nextel Communications, Inc. )
August 5, 1997
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
PROJECT FINDINGS:
1 . The proposed project is consistent with the General Plan.
2 . The propos d project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance.
3. The establ shment, and subsequent operation and conduct of
the use wi 1 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 o 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 will not generate a volume of traffic
beyond the safe capacity of all roads providing access to
the projec , 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 proposad project is consistent with the City' s
Appearance Review Guidelines.
000098
ATTACHMENT H - Conditions of Approval
Conditional Use Permit 97009
6490 El Camino Real (Nextel)
August 5, 1997
CONDITIONS OF APPROVAL:
1 . All construction shall be in conformance with plans
contained in Attachments C and D, all conditions of approval
contained herein, and all applicable provisions of the
Atascadero Municipal Code. Any substantial modification of
the project shall require approval of the Planning
Commission.
2 . The entire project shall be subject to all ordinary
requirements of the City Building Division that are
necessary to secure and final building permits. Any
additional information, such as engineering calcs or
structural details, deemed necessary for the review and
approval of building permits shall be provided.
3 . The monopole shall be painted a dark green color to match
the existing vegetation as closely as possible.
4 . The facility shall be designed to accommodate an additional
carrier of wireless communication services.
5. Signage is prohibited on the monopole unless identification
signs at the base facility are mandated by federal law.
6. Lighting on the monopole is prohibited unless required by
FCC, FAA, or other federal statute.
7 . The existing lattice tower shall be removed prior to, or in
conjunction with, construction of the new monopole. If the
use of the monopole should cease as a telecommunication
utility facility, the monopole and accessory structure
shall be removed no later than six months from the date of
abandonment.
8 . The telecommunication utility facility shall be designed and
constructed in compliance with all applicable local building
code and federal law requirements.
000099
9. This Conditional Use Permit Reconsideration 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 p oject 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.
A
000100
REPORT TO CITY COUNCIL
CITY OF ATASCAD RO Agenda I tem: B-2 (A&B)
Through ]Steve DeCamp, Meeting Date: August 26 , 1997
IV City Planner
Brady Cherry, 4e-
Director of Community Services
From:ki Doug avidson, Senior Planner File No: 1995 CDBG
SUBJECT:
Reallocation of $5, 000 in 1995 CDBG funds from the Kids Daycare
program to the program for preparation of the ADA Self-evaluation
and Transition Plan.
RECOMMENDATION:
Adopt Resolutio No . 68-97 and Resolution No. 69-97 to ensure
compliance with the 30-day notice p de period of the federal
al
guidelines for mendments to the CDBG funding plan'.
g g P a .
BACKGROUND:
On February 11, 1997 the City Council' approved the transfer of
$5, 000 in CDBG funds from the Kids Daycare program to the ADA
Evaluation and Transition plan. This approval took place under
the "New Business" section of the agenda. Upon review by San
Luis Obispo County and HUD staff, the change in funding should
have been approved as "a "formal amendment", instead of a "minor
modification." Formal amendments require a public hearing with
at least a 30-day notice preceding the hearing. A public hearing
notice was published on July 17, 1997 to ensure compliance with
the federal guidelines for public notices .
Other than the procedural notice requirement, this action is
identical to that taken on February llth. Thus, the previous
staff report is attached for background and discussion purposes.
New Resolutions are attached which will supercede those
previously adopted to affect this funding change.
ATTACHMENTS : C ty Council staff report 2/11/97
Resolution No. 68-97 (supercedes No. 11-97)
Resolution No. 69-97 (supercedes No. 12-97)
(includes Consultant Services Agreement)
000101
CITY OF ATASCADERO ITEM: C-4 (A&B)
REPORT TO CITY COUNCIL DATE: 2/11/97
Through: Andy Takata, City Manager
Roy Hanley, City Attorney
From: Brady Cherry, Director of Community Services
SUBJECT: A) Approval of Resolution No. 11-97 reallocating $5,000: in 1995-96 CDBG
Funds for preparation of Americans with Disabilities Act (ADA) Self-evaluation and Transition
Plan Report, and B) approval of Resolution No. 12-97 authorizing an agreement with Phillips
Metsch Sweeney Moore, Architects, for preparation of ADA report.
BACKGROUND:
The landmark Americans with Disabilities Act (ADA) was enacted July, 1990. In this civil rights
legislation, architectural barriers in existing buildings must be removed. Under Title II, in the
A.D.A., Public Entity Facilities Compliance, all cities are required to conduct a self-evaluation of
facilities and prepare a transition plan.
The general ADA non-discrimination principle underlying ADA, Title II, states that a public
entity may not exclude individuals from participating in public programs or activities, or obtaining
the benefit they provide, because that entity's facilities are unacceptable to, or unusable by
individuals with disabilities. Moreover, each service, program or activity is to be operated so that,
when viewed in it's entirely, it is readily accessible to, and usable by '
individuals with disabilities.
A.D.A., Title II, requires that all cities develop a transition plan by July, 1992. To date, the City
of Atascadero has not developed the required plan.
In 1995, I assumed responsibility for getting the Self-Evaluation Plan and Transition Plan
completed. Due to financial hardships, the City first attempted to have the plan developed by
local non-profit agencies, Cal Poly or other similar entity for $15,000. or less. There were no
takers. In 1996, the City sent out an Request for Proposals (R.F.P.) for the A.D.A. reports with
$25,000. budgeted from C.D.B.G. Funds. No firm was able to meet all of the requirements in the
R.F.P.'s. scope of work for the budgeted amount. Phillips Metsch Sweeney Moore Architects
(Paso Robles) submitted the best proposal for the entire scope of work for a fee of$30,000.
DISCUSSION:
The City Council has previously allocated $5,000. in FY 95-96 C.D.B.G. funds for the City's
.Child Care Project. Last year, the Child Care Program was taken over by the School District.
Thus, the City Council may choose to reallocate the $5,000. from the Child Care Program to add
to the $25,000. already budgeted for the A.D.A. reports. This would give the City the necessary.
funding($30,0000)to proceed with the preparation of the overdue Self-Evaluation and Transition
Plan.
The proposed agreement with Phillips Metsch Sweeney Moore, Architects, will enable the City to
begin the process of compliance with A.D.A. law.
000102
FINANCIAL IMPACT
- $25,000 in 1995-96 C. .B.G. Funds previously approved and allocated by the City Council.
- Additional $5,000 in 1995-96 C.D.B.G.'reallocated to the A.D.A. Self Evaluation and
Transition Plan preparation. `.
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000103
RESOLUTION NO. 68-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING THE REALLOCATION OF $5,000 IN THE
1995 CDBG ALLOCATION FROM THE KIDS DAYCARE PROGRAM
TO THE PREPARATION OF AMERICANS WITH
DISABILITY ACT (ADA) REPORTS
WHEREAS, the City Council of the City of Atascadero is
committed to compliance with the Americans with Disabilities Act
(ADA) , and;
WHEREAS, the preparation of a Self-Evaluation and Transition
Plan are required of public agencies, and the City of Atascadero
intends to comply with the spirit and letter of the law, and;
WHEREAS, the City Council held a public hearing on February
11, 1997 to reallocate these funds, and;
WHEREAS, this hearing is being held again to ensure compli-
ance with the 30-day notice required by federal guidelines; and
WHEREAS, this Resolution 68-97 shall supersede the previously
adopted Resolution No. 11-97 .
NOW, THEREFORE BE IT RESOLVED that the City of Atascadero •
directs the City Treasurer to reallocate $5, 000 in 1995 CDBG Funds
from the Kids Daycare Program to add to previously budgeted funds
to complete the needed AADA reports .
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO CONTENT:
ROY A HANLEY, City Attorney
000104
RESOLUTION NO. 69-97
RESOLUTION CF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH PH LLIPS METSH SWEENEY MOORE ARCHITECTS FOR
PREPARATION OF THE CITY OF ATASCADERO'S
SELF-EVALUATION AND TRANSITION PLAN REPORTS
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an amendment to the
agreement with Phillip Metsch Sweeney Moore Architects .
2 . The City Manager is hereby authorized to make minor correc-
tions or m difications of a mathematical or clerical nature.
3 . WHEREAS, this Resolution No. 69-97 shall supersede the
previously adopted Resolution No. 12-97 .
4 . The Finance Officer is hereby authorized to appropriate funds,
if necessa y; 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 Ata cadero, held on the 11th of February, 1997 .
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
MARCIA M. TORGE SON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO ONTENT:
ROY A. HANLEY, ity Attorney
000105
CONTRACT NO. 97-
CONSULTANT SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by the City of Atascadero,
a Municipal Corporation, hereinafter referred to as "City", and Phillips Metsch Sweeney Moore
Architects, hereinafter referred to as "Consultant".
WITNESSETH
For and in consideration of the Mutual covenants herein contained, the parties hereto agree as
follows:
Article 1
Authorization
A. Consultant will perform this Agreement in conjunction with a-Purchase
Order issued by the Department of Community Services.
B. The following exhibits are attached hereto and incorporated herein by
reference as though they are fully set forth.
EXHIBIT "A"
A
Atascadero Self-Evaluation and Transition Plan Work Program.
EXHIBIT "B"
Project schedule flow chart
EXHIBIT "C"
Fee Schedule
EXHIBIT "D"
Insurance
Article 2
Responsibilities of Consultant •
000106
Page 2
Contract No. 97-
A. Scone. Cc nsultant will provide the following services described herein and under
Exhibit "A' and
B" for the City project hereinafter described:
Atascadero Self Evaluation and Transition Plan Work Program.
I. Project Scope - General
The scope of the projectconsists of preparing an ADA Self-Evaluation and Transition Plan for
the City of Atascadero. The sites that will be included in the Self-Evaluation and Transition Plan
are as follows:
B. Coordination. I i performance of Consultant's service under this Agreement, Consultant
agrees that he will maintain such coordination with City officials as may be requested and
desirable, including primary coordination with the Project Coordinator, herein designated as
Brady Cherry, Director of Community Services, and also with the following officials:
Andrew J. Takata, City Manager
Geoff English, Recreation Supervisor
C. Consultant's Se ices. Insofar as they may be applicable to the project contemplated by
this Agreement, Consultant shall render the services and furnish the work tasks as modified by
Exhibit "A" and Exhibit "B" commencing with receipt of a written Notice to Proceed signed by
the Project Coordinator and by the'City Manager.
Article 3
Responsibilities of City
City shall cooperate with Consultant on all phases of the work covered by this Agreement and will
make available to him, as his needs indicate, all existing maps, photographs, reports, and other
similar data in possessior of City covering the sites as selected.
Article 4
Fee and provision for Payment
City will pay Consultant i fee according to Exhibit "C" billed as monthly progress billings. The
maximum consultant fee that will be paid per this agreement is $30,000. The City of Atascadero
will be responsible for p otocopying and photo processing expenses not to exceed $600. Any
additional work authoriz d by the City will be approved in advance and the agreement will be
amended.
000107
Page 3
Contract No. 97-
Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's
progress report and invoice. Any additional applicable hourly rate billings as authorized in Article
5 shall be based on the Fee Schedule contained in Exhibit "C".
Article 5
Payment for Extra Work or Changes
Any claim for payment for extra work or changes in the work will be paid by City only upon
certification by the City Manager that the claimed extra work or change was authorized in
advance by the Project Coordinator and the City Manager, and that the work has been
satisfactorily completed. Claims for such extra work must be submitted by Consultant within
thirty (30) days of completion of such work and must be accompanied by a statement of itemized
costs covering said work.
Article 10
Covenant Against Contingent Fees
Consultant warrants that he has not employed or retained any company or person, other than
bona-fide employees working solely for him, to solicit or secure this Agreement, and that he has
not paid or agreed to pay any company or person, other than bona-fide employees working solely
for him, any fee, commission, percentage, brokerage fee, gift or any other consideration
contingent on or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to annul this Agreement without liability or, at its
discretion, to deduct from the contract price or consideration or otherwise recover, the full
amount of such fee, commission, percentage fee, gift or contingency.
Article 11 _
Contract Personnel
The work to be done pursuant to this Agreement shall be done by and such other personnel in the
employ or under the supervision of Consultant who shall be approved by City. The City official
who shall be vested with the right of approval of such additional personnel or outside contracting
parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel
or proposed outside consultants, and City reserves the right to request that acceptable
replacement personnel be assigned to the project.
i
000108
. Page 4
Contract#97-
Article 12
Indemnity Clause
Consultant shall defend, ndemnify, and save harmless the City of Atascadero, its officers, agents,
and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising
out of this Agreement or caused by the negligent performance or attempted negligent
performance of the provisions hereof, including, but not limited to, any negligent act or omission
to act on the party of Consultant or his agents or employees or independent contractors directly
responsible to him, except that the above shall not apply to the sole negligence or willful
misconduct of City or City's agents, servants, or independent contractors who are directly
responsible to the City.
This indemnification pro isions shall apply even if there is concurrent or joint negligence of
indemnitor and indemnities, and even if there is active or passive negligence by either or both
parties, but shall not require consultant to indemnify any attributable to any such concurrent or
joint negligence of the in demnitees. Nothing in this Article shall apply to any liability covered by
Consultant's errors and missions insurance. Certificates have been submitted to City and
approved by these provi ions, or fails or refuses to furnish City required proof that insurance has
been procured and is in ffirce and paid for, City shall have the right, at its discretion, to forthwith
terminate this Agreement.
b. Refer to Exhibit D for Certificate of Liability Insurance and Insurance coverage being provided
for this Agreement.
h
Article 14
Status
Consultant shall, during he entire term of this Agreement, be construed to be an independent
contractor, and in no ev nt shall any of his personnel or subcontractors be construed to be
employees of City.
Article 15
Non-Discrimination
Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of
September 24, 1965, and all other.orders, regulations, and laws governing non-discrimination in
employment, including iii particular, Section 122(a) of the State and Local Fiscal Assistance act of
1972.
s
000309
c
`Au
PMSM ARCHITECTS
I. PROJECT SCOPE
The primary goal of t e proposed accessibility management consultation services
would be to assist the ity of Atascadero (City) with-documentation of its voluntary
efforts to comply with he ADA.
To this end, the sc pe of the project as proposed herein would include
identification .of architectural barriers at existing facilities where public benefit
programs are offere in -accordance with the regulations implementing the
Americans With Disabilities Act of 1990 (ADA).
The proposed scope of accessibility management consultation services would also
help the City evaluata the policies and procedures that regulate public benefit
program and employment environments.
Primary project deliv rables would include a self-evaluation report and a barrier
removal and access accommodation transition plan that, when implemented,
would not result in-a fi indamental alteration in the nature of a program or in undue
financial or administrative burdens for the City.
Self-Evaluation
Essentially, the Americans With Disabilities Act of 1990 (ADA) specifies that public
entities may not refuse to allow a person with a disability the opportunity to
participate in emplo ment, a program, service, or activity simply because the
person has a disabili
There are two major categories of programs or activities covered:
1) those involving general public contact as part of ongoing operations of
the entity; and,
2) those direc ly,administered'by the entity for program beneficiaries and _
. participants
Activities in the first category include communication .with the public (telephone
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PMSM ARCHITECTS
contacts, office walk-ins, or'interviews) and the public's use of the public entity's
facilities. Activities in the second category include programs that provide
government services or benefits. The basis of the specific requirements of the
ADA's regulations is the principle that people with disabilities must be provided an
Nequally effective opportunity to participate in or benefit from" a public entity's
programs, services, activities, communications, etc. In other words the ADA's
emphasis is on equality of opportunity, but does not guarantee equality of results.
It should be stressed that all City programs, services and activities are covered,
,even if they are carried out by contractors. For example, the City is obligated by -
Title II to ensure that the. services, programs, and activities of a City cafeteria
operated under contract by a private entity are in compliance with Title II
requirements. The private entity operating the cafeteria would also be subject to
the obligations of public accommodations under Title III of the ADA and the
Department of Justice's Title III regulations.
The ADA makes it clear that a public entity's programs, services and activities must
be provided in an integrated setting, unless separate or different measures are
necessary to ensure equal opportunity. Public entities must eliminate unnecessary
eligibility standards or rules ,that deny 'individuals with disabilities an equal
opportunity to. enjoy "mainstream".public services, programs or activities unless
"necessary" for the provisions of the service, program or activity.
Public entities are required to make reasonable modifications in policies, practices,
and procedures that deny equal access to individuals with disabilities, unless
undue financial or administrative burden or a fundamental alteration in a program
would result. For example, a City office building would be required to make an
exception to a rule prohibiting animals in public areas in order to admit guide dogs
and other service animals assisting individuals with. disabilities. Public entities
must furnish auxiliary aids and services when necessary to ensure effective
communication, unless an undue burden onfundamental alteration would result.
In summary, the'City must operate, all of its progeams,-services and activities so
. that, when viewed in their entirety, they are readily accessible to and usable by
individuals with disabilities.
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PMSM ARCHITECTS
Title II, Section 35.105 requires that the Ci evaluate its current - olicies
. q City -.policies,
procedures, practices and the effects thereof on a program, service or activity. The
purpose being to id ntify and correct any that are inconsistent with the. ADA
requirements for accessibility. and usability of the program, service or activity,by
persons with disabilit es.
The self-evaluation process is a valuable ' means of establishing. a working
relationship with individuals with . disabilities and organizations- representing
people . with• disabi ities, .which can promote both effective and efficient
-implementation ofthe ADA and other access laws.
Public entities must ensure that individuals with disabilities are not excluded from
services, programs, and activities simply because buildings are inaccessible.
Public entities need not remove physical barriers, such as stairs, in all existing
buildings, as long as they make their programs accessible to individuals who are
unable to use an inaccessible existing facility.
•
In other words, public entities can provide the services, programs, and activities
offered in a facility to individuals with disabilities through alternative methods, if
physical barriers are not removed. For example:
-Relocating a service to an accessible location, e.g., moving a public'
.
information of fice from the third floor to the first floor of a building.
Public entities may not carry an individual with a disability as a method of
providing programa cess, except in "manifestly exceptional" circumstances.
*Providing an. aide or personal assistant to enable an individual" with a
disability toobtain the service.
*Providing benefits or services at an individual's home, or at an,alternative
accessible site
The term "when viewed ed in their entirety" is essential to understanding the concept
of program accessibility. All components of a program, service or activity need not
• be accessible in order to satisfy the Title II requirements of providing people with
disabilities opportunities for full participation. Components of a program, service
or activity which are. essential to its operation must be made accessible except
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PMSM ARCHITECTS
when doing so would fundamentally alter the nature of the program or cause
undue financial and administrative burdens. However, public entities must take
any other action; if available, that would ensure that individuals with disabilities
receive the benefits or services.
.Employment Policies and Practices
Title II of the ADA applies to all activities of public entities, including employment
practices. Title II cross-references the definitions, requirements, and procedures of
Title •1 of the ADA, as established by the Equal Employment Opportunity
Commission (29 CFR Part 1630). Standards for Title I of the ADA and Section
503/504 of the Rehabilitation Act are, for the most part, identical.
Reportedly, the Ci ryPersonnel Department has completed ted prellmmary review and
revised where necessary all recruitment and employment related materials. It is
proposed that the Self-Evaluation component of the proposed project scope would
review the efforts of-the City. Findings and conclusions would be incorporated
info preliminary and final project documents.
Transition Plan
In the event that structural changes to City owned, leased, occupied or utilized
facilities will be.undertaken to achieve program accessibility, the City and each of
its Departments is required to prepare a Transition Plan setting forth the steps
necessary to complete such changes.
Each Department and the City must provide an opportunity to interested persons,
including individuals with disabilities or organizations representing individuals
with disabilities, to participate in the development of the transition plan by
submitting comments: A copy .of a Department's transition plans must also be
made available for public inspection.
Since the City has responsibility,or authority over streets, roads, and walkways, its
Transition Plan must include a schedule for providing curb ramps or other sloped •
areas where pedestrian walks cross curbs, giving priority to walkways serving
entities covered by the ADA, including state and local government offices and
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PMSM ARCHRKTS
• facilities, . transportation, places of public accommodation, and employers,
followed by walkways serving other areas.
A City'Transition Plan(s) must, at a minimum, accomplish the following:
a: Identify physical obstacles in the public entity's facilities that limit the
accessibility of its programs or activities to individuals with disabilities;
b. Describe in detail the- methods that will be used to,make the facilities
accessible;
c. Specify theschedule for taking the steps necessaryto achieve compliance
with.this se tion and, if the time period of the transition plan is longer
than one y ar, identify steps that will be taken during each year of the
transition pE riod; and
d. Indicate the official responsible for implementation of the plan.
The individual Faciliy Access Reports)/Preliminary Access Transition Plan(s) are
generated by t�e roject database document items Na" and "b" above.
Additionally, these pr ject documents include a place for a Department to indicate
a "target removal dat " and "actual removal date" (item "c" above). A section in a-
typical
typical Program Acc ssibility Checklist solicits information relative to item "d"
above.
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I1. PROJECT APPROACH"
The proposed project would be performed in three (3) phases.
PHASE I. PROJECT CRITERIA COMPILATION
FACILITY ACCESSIBILITY
Phase l would commence with an in-depth review of the previously cited City '
documents that demonstrate the extent barriers have already been identified or
removed at each facility. The purpose of the review would be to determine which
requirements of the ADA.— Title II were not previously evaluated under prior
evaluations required by other federal or state accessibility standards.
Phase I would also include compilation of the most stringent requirements) for
City buildings and facilities from the following applicable accessibility standards: "
• Americans With Disabilities Act Title II–State.and Local Governments;
• Notice of Proposed Rule Making — Title II (State & Local Governments): ATBCB for
Courthouses, Detention Facilities, Public Streets, and Crosswalks, dated December 21,
1992. •
• Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities
(ADAAG);
• Uniform Federal Accessibility Standards(UFAS);
• California State Accessibility Standards - (CSAS) CA Code of Regulations: CA Building
Code(Title 24) Existing& Proposed Revisions;and,
• Local Accessibility Standards(County and/or City), if any.
Identification 'and compilation of the most stringent standards relative to the built
environment would be expedited with ACCESS Unlimited's expertise and
utilization of its customized relational access database (AIMSTM) which contains the
federal and state documents cited' above. The accessibility standards (project
criteria) will be integrated into the design of a Master Accessibility Checklist (MAC)
that will be the basis for generation of individualized Facility Accessibility
Checklists (FACS) and used during field exploration at each City site (see Phase II
below).
Elements of the built environment that would be included in the MAC include the
following:
Exterior Route(s) (sidewalks & walks, ground surfaces, curb ramps, ramps, stairs,
protruding objects, information & directional signage), Parking, Primary Entrances
(ingress & egress) , interior Doors, Interior Circulation (floors and levels, clear floor
space & surfaces, corridors& aisles, protruding objects, ramps, stairs, elevators,
information & directional signage), Water Fountains/Coolers, Pay and. Closed
Circuit Telephones, Sanitary & Bathing Facilities, Controls and Operating.
Mechanisms, Storage, Vending Machines, Areas of Rescue Assistance, Emergency
Warning Systems, Seating, Tables, Public Counter & Work Surfaces and the
accessibility and usability of other primary function areas or facilities available to
the general public.
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PMSM ARCHITECTS
In addition, Supplem ntal Accessibility Checklists (SACS) would be generated by
the AIMSTM for use at buildings or facilities with the following special types of
occupancies, if any:
Auditoriums andAssembly Halls;
Courthouse and Law Enforcement Facilities;
Health Care Facil ties;
Libraries;
Office/Business F cilities; and,
Parks& Recreatioi Facilities.
Following final draft preparation, the MAC-and SACS would be presented to the
City Project Coordinator and ADA Coordinating.Committee, if any, for review and
approval.
Portions of a master Facility Accessibility Checklist (MAC) for built environments
are included in Tab 7 - Appendix A of this proposal.
Facility Data Inventory'
Prior to initiating the second phase of the proposed project on behalf of the City,
the City will assist Ph4SM Architects with completion of a Facility.Data•Inventory
ifor each floor and/or functional area at each facility that-is to be surveyed. This
allows for customization of a FAC for each site prior to performance of an actual
survey.
i A
PROGRAM ACCESSI ILITY
Completing the self-evaluation that is required -by Title II of the ADA (Section
35.105) lends to ide tifying appropriate barrier removal recommendations that
take into consideratio i the accessibility and usability of the City programs, services
and activities when viewed in their entire . Phase I would also include
compilation of the most stringent requirements) for City public benefit pro g,rams
from the following ap licable accessibility standards:
• Americans With Disabilities Act Title II—State and Local Governments;
• Local Accessibility tandards(County and/or City), if any.
Phase I would-include a review of relevant access laws as they pertain to policies
and procedures releva nt to City practices. Project criteria relative to public benefit
and employment en ironments would be integrated into the design of a generic
Program Accessibility Checklist (PAC) that would be the basis for evaluation by-the
• City ADA Coordinator or each department head. A sample of a master PAC is
included in Tab 7 -Appendix A.
f '7
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PMSM ARCHITECTS
Identification and compilation of the most stringent standards relative program
environments would be expedited with ACCESS Unlimited's expertise and
utilization of its customized relational access database (AIMSTM) which contains the
federal documents i v
cited above. . The program accessibilitystandards (project
-
criteria) will be integrated into the design, of a master Programram Accessibility
ty
Checklist (PAC) that will be the basis for generation of individualized'Program
Accessibility Checklist (PACs) and utilized by during field exploration at each City
ro see Phase 11 below).
.
(see )
In addition to evaluating program and employment policies and procedures,
communications between the City and applicants, participants, and members of
the public with disabilities would be evaluated to determine if they are as effective
as communications with other non-disabled individuals conducting business with
the City. The extent that auxiliary aids and services, if any, are available or
provided to individuals with disabilities requesting to participate in, and enjoy the
benefits of, a service, program, or activity conducted by the City would be
addressed in the checklist.
This self-evaluation process, as proposed herein, will utilize AU's Program
. Accessibility Checklist (PAC) that also enables the City to address other
requirements of the ADA including, but not limited to, . the Public Notice,
Grievance Procedtyre, Transportation, New Construction and .Alteration Policy and
Accessibility maintenance policies, etc.
Although the final rules and regulations did not include a specific requirement, it
would be appropriate fora public entity to evaluate its personnel training efforts
because, in many cases, lack of knowledge (i.e. training) often leads to
discriminatory practices, even when the policies in place are nondiscriminatory.
Therefore, the City's program accessibility evaluation should consider personnel
training efforts.
Elements of program environments that would be included in the master.PAC
include the following: ,
Program, Service, & Activity, Eligibility & Participation , Policy & Procedure,
Documents & Publications, Personnel Training, Boards & Commissions, Facilities
Used: New Construction/Alterations, Facilities Used: Maintenance Of -
-Accessibility, Transportation, Use Of Contractors, Telecommunications, Auxiliary
Aids& Services, Emergency Evacuation, Employment, Public Notice, Public Input,
Grievance Procedure.
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COMMUNITY AWA ENESS, SUPPORT & INPUT
• Community awareness of and participation in the City's efforts to comply with the
requirements of the ADA is discussed in the regulations implementing Title II of the
ADA.
Community support of the City's proactive efforts to comply with the requirements
of the ADA will be r alized with implementation of an effort to involve individuals
with disabilities or o ganizations representing individuals with disabilities early in
the facility survey an self-evaluation process. For example, following compilation
of the project criteri i in checklist- form and prior to conducting -site surveys, a
community workshoD could be organized. The purpose of the community
work9hdp wouldbe-t) inform and educate individuals duals with and without disabilities
about the City's effo to evaluate existing facilities and solicit public concerns and
priorities.
It would also be advisable to solicit input from individuals with disabilities or
organizations repres sting them, prior to preparation of the final project
documents and repo s. Their input would lend to the development; adoption and
implementation of t e City's ADA self-evaluation and transition plan for barrier
removal and access accommodations to programs and services viewed as most
important by the community.
PHASE Il: DATA COLLECTION
FACILITY ACCESSIBILITY SURVEYS
Phase If would invol-ve performing on-site accessibility surveys at each of the City's
owned facilities indicated in the RFP.
PMSM and ACCESS Unlimited would coordinate mobilization of professionally
trained and experienced Access Surveyors) who are familiar with the access survey
process, facility acc ss checklists and qualified to efficiently identify the broad
spectrum of typical arid atypical barriers in built environments.
Access Surveyors wil work in teams of two (2). This ensures cost-effective and
efficient barrier identi ication and documentation. Access Survey Teams (ASTs) will
be dispersed to evalu to specified City buildings or facilities.
METHODOLOGY
The methodology em toyed to survey accessibility at and usability of the facilities
would simulate the equential order that the general public would follow from
point of arrival at a 'specific site or building. Prior to conducting the survey and
when available, the AST would contact a responsible party at the site to ask .
questions about the a eas at the site that are utilized.by the general public.
10 of 26 000119
ni,nncc
PMSM ARCHITECTS
I
Compliance and noncompliance conditions with project criteria observed by the
AST would be indicated on the appropriate FAC and SAC. Documentation would
include written comments about the degree of deficiency on the checklist or on
floor plans supplied by the City. Photographs of a specific deficient facility, design
configuration or building element would be taken by the AST to supplement the
field data and would be utilized to prepare recommendations.
A photo record of a barrier will enable the Project Team to further control project
costs associated with preparation of cost estimates for recommended or indicated
barrier removal activity during Phases II & III, Photographs also serve-to facilitate
the City's comprehension of existing conditions or designs that lend to and/or
detract from accessibility and usability of the programs offered at the facilities
surveyed. Facsimiles of AST sketches, floor plans with AST notations and
photographs would be deliverable with the final reports.
Heights, lengths, widths and depths will be measured with a standard tape measure
and represented in either inches, feet or a combination thereof. The percent of
slope along paths of travel will be determined by a digital inclinometer. Caliper,
push-pull force scale, compass, stopwatch are among the other tools that will be-
utilized by Access Surveyors.
Based on our account experience, surveying a site that is heavily occupied can
significantly increase overall project costs and is disruptive to the occupants of the
building. Once clients are aware of this cost variable, they have arranged for
surveys to be done when a site or building is not as heavily occupied (e.g.
weekends). The cost estimate in this proposal is based on the City's understanding.
and willingness to arrange days, times and the means to conduct surveys when
there would be a minimal number of occupants at a given site, as appropriate.
This also enables ASTs to enter a space and obtain measurements efficiently —
without disrupting occupants.
Upon completion of an individual FAC, the raw field data will be uploaded into
ACCESS Unlimited's customized accessibility information management relational
database which will have already been customized for the City's project. The
database significantly facilitates initial compilation, analysis, priority rating,
preliminary recommendations for barrier removal and preparation of cost estimates
for'recommended barrier removal solutions.
PEDESTRIAN WALKS & CURBS
Assuming the City has responsibility and authority. over City streets, roads, or .
walkways, under Title II of the ADA, an evaluation and inventory of existing curb
ramps (curb cuts) where pedestrian walks cross curbs would be necessary. To this
11 of 26 0003.1-0
PMSM ARCHITECTS
• end, technical assistance could be provided to City personnel responsible for this
component of the Ci 's ADA self-evaluation and for preparation of this component
of the City's TransitionPlan.
PROGRAM ACCESS/ ILITYSURVEYS
Each City Department would_ be provided with an individualized Program
Accessibility Checklist (PAC). Additionally, a Program Accessibility Checklist: A
User's Guide would be customized and provided to each unique Department.
completing a PAC.
ACCESS Unlimited's Access -Specialist(s) would meet individually or as a group
with individual Departments to provide orientation and guidance to those
completing a prograrrraccessilAity checklist.
The completed PACs would be returned to the project consultant within a specified
amount of time. The data would be entered into the project database.
PHASE III: DATA AN 4LYSIS AND REPORTS
After the field data has been entered into the project accessibility database,
(AIMSTM) generates preliminary statistical and narrative reports that will serve as the
basis for PMSM's project team's initial analysis and preliminary recommendations.
Draft accessibility reports and transition plans- would then be generated for
presentation to the City for review and comment. Based on this input,
recommendations and final reports would be prepared.
The project reports 'and related documentation would include the following:
• Facility Accessibil ty Statistical Reports-Entire Project & Unique Sites
• Facility Accessibil ty Report and Preliminary Access Transition Plans for Unique
Sites
• Site Sketches/Floo "Plans
• Site Photographs
• Master Facility Ac essibility Checklist
• Program Accessibility Statistical Reports-Entire Project & Unique Departments
• Program Accessibility Report and Access Accommodation.Plans for Unique
Reports
• Master Program Accessibility Checklist
• An Executive Summary
These final reports are suitable for-presentation to interested parties, including
individuals with disabilities, the City governing body, any enforcing agency and
will serve as the City's ADA Self-Evaluation "and Transition Plan documents (i.e.,
Final; Self-Assessment Plan).
12 of 26 001121
PMSM ARCHITECTS
FACILITY and PROGRAM ACCESS REPO RTS/PRELIMINARY PLANS
The project database generates a series of detailed reports, including Facility or
Program Accessibility Statistical Reports (FASB and PASR) for an entire project, by
"department" and/or "responsible party". The statistical reports for a single site or
program indicate the following information:
1) building'or program surveyed; -
2) total number of checklist items;
3) number of observed deficiencies (barriers) by accessibility.
survey checklist heading; and
3) barrier removal priorities.
A sample of the Facility Accessibility Statistical Report (FASB) is included in Tab 7 -
Appendix A of this proposal.
ACCESS Unlimited's AIMSTM also generates Facility Accessibility Report and
Preliminary Access Transition Plan and Program Accessibility Report and
Preliminary Access Accommodation- Plan for each facility or program surveyed.
The reports includes the following information.
1) Site or Program, survey team and date/time information;
2) Survey items by checklist heading and whether or not a barrier was observed;
3) Existing conditions or comments;
4) Access code citations;
5) Recommendations for barrier removal based on PMSM's Project Team expertise on
how to reasonably, efficiently and cost-effectively make buildings or programs
accessible;
6) Barrier Removal Priorities and Target Removal Date;and
7) Unit costs'and total cost estimate for the.recommended barrier removal or access
;accommodation activity.
Sample pages of Facility Accessibility Report and Preliminary Access Transition
Plan for a single site are included in Tab 7 - Appendix A.
A report supplement is also generated by AIMSTM that presents the accessibility
standards linked to the observed deficiencies by source and section number.
Cost estimates for recommended barrier removal and/or recommended auxiliary
aids would, in part, be based on materials and labor costs based on information
accessed through Constructions Specifications Institute (CS0 and PMSM Architects'
construction cost estimating expertise.
000122
13 of 26 -
PMSM ARCHITECTS
PRESENTATION OF RELIMINARY FINDINGS & RECOMMENDATIONS
Preliminary. findings- and recommendations would be presented to the City's
Project 'Coordinato and' Coordinating Committee, if any, following the
comprehensive analysis by PMSM's Project Team. .
PRESENTATION OF 1NAL REPORTS
Based on the priorities, comments and requests- of the City" received during this
meeting, the Project Tearn would review and revise, as appropriate, the priorities;
recommendations f r barrier removal and cost - estimates. Final- Facility
Accessibility Reportand Access Transition Plans and Program Accessibility Report
and Access Accomm dation Plans for the project and each site or program would
be submitted at the completion of Phase III.
An executive summary would also be prepared for the City that presents an '
overview of the proj Ct, the project approach and the findings.
As noted previously, these final reports are suitable for presentation to interested
parties, including individuals with disabilities, the City governing body,- any
enforcing agency and will serve as the City's ADA Self-Evaluation and Transition
Plan documents (i.e.,.Final; Self-Assessment Plan).
0001'*
14 of 26 -0006ft—
�tt1Xlr�r� G
12(31/96 PRELIM T M COST EST.
City of Atascadeno•A(WAccsss Project
PRELIMINARY FEE PROPOSAL
PROJECT TITLE: City of Atascadero Transition Plan and Self Assessment
Prepared By:Phillips Metsch Sweeney Moore Architects and ACCESS Unlimited
#
phase 1. A4obili w(ion&Pro edAccessibrT' Criteria Sektfion Staff tins. Rte Total
1.Prefect Orientation&Erdding Document Reviews"Access Study EfFwft MCC-SWA04o Dept tK el't inventory,d
2 PMSM Project MW%W 1 3 $100 5300.00
3. ACCESS Wimited's Access Specialism 1 3 $95
S2s5.Do
74.Pt*d Criteria:Mader Facility Accesa�ility Checklist C+Memiaadan
5. 1 ACCESS Unlimited':Access Specialise 1 3 S95 2185.00
6.Project Criteria:Mader Prol rano AeoeaWlity chadim and User's Gide ciatmwizatien
7. ACCESS Unlineled's Accra;Specialises 1 3 $95 5285.00
S. ACCESS Unlimited s Computer Specialist 1 3 $50 5150.00
9.Progrea Meering#1 With City Staff pt*d Overview,Sdxdule fs Approach
10.
pMSM Project Manager 1 6 $100 $600.00
11. ACCESS Unlimited's Am=SPedafut 1 6 $95 $570.00
12. ftMk Mea fns/f
13. PMSMPFojectAfariager 1 6 5100 5600.00
15.Customize&Greaser le:Facility Surrey Took for s13 Sites•
16. Prepare Facility Plan Diagrams-PMSM Drafter 1 16 $55 5880-00
17. Facility Data Inventories for x13 Sites•Access Surveyors I a $70 $1,120.00
18. ACCESS Unlimited's AIMS""Dsta SPeciar►st 1 8 S40 $320.00
19.Customize i Cenrrate Program Access Credlkts for 26 Departnwsds
20. ACCESS Untimited's AIMS"'Data SPecialist 1 4 $40 5160.00
21.'Assumes Checklists Generated in Electronic Format 5S Toru M.ar a 55,555 00
imam #
phase!,.Access Surveys&Data Co tion Staff Hes Race ToW
22 Facility Access Surreys Coordination fL Quality Ass"- 1 4 $100 5400.00
23. led's,Access S Ma-mom
ecialism
24. ACCESS tlnlimlted'sAaoess Specialism 1 2 $95 5190.00
25.Facirdy Acer+Surveys (Site Narrber•Facility KxneAccationl
26. 1.City Administration Wid'ng•65W Palma Avenue 2 7 $70 S960M
I7. 2•SunkenGardern•6500Palma Avenue 2 1 $70 $140.00
2&3•FireSution#1.6005 LewisAveywae 2 2 $70 5280.00
29.4•Fire Station 1112.9801 Wast Front Avemre 2 1 $70 $140.00
30.5•Police Station-5505 El Camino Real 2 4 $70 $560.00
2 1 70 $140M31. 6•Stresu MOW&WOneeywd•5599 Traffic Way 2 1 $70 S
32. 7•WastewaterTreatment Plant-a005 Gabarda $70 555660.0.00W
33.8•Yotah Recreation C mer•6351 Olinda Avenue 2 4 $
n 2 1 70 $140.00
34. •Traffic Way Park•S599 Traffic way $
9
35. 10•PolaCreek Park•I166SV$ejoCamino 2 2 $70 5280.00
ra
36.11•Atascadaro lake Park•93W Pio Street 2 5 170 $700.00
Pismo
37. 12-Lake Park Pavilion•93IS Pismo Street 2 3 70 410.00
420.00
38. 13•Charles Paddock Zoo-930S Pismo Street 2 3 $570 $$
76 SUB-TOTAL $5,4900..0000
39.
40.►rognm Access Surveys Orientation Si Trai"ll d City Staff(s6 De#rbne*W ulists 1 10 _S95 1950.00
41. ACCESS Unrimhed's Accu Spec
42.Facility Assts Suwveys Data Entry 9ro1ed Database•
ACCESS UnIimNed'eA1MS"'Data Specialism 1 4 $40 $160.0043.
44.Program Accra Surveys Data Entry Profed Database
45. ACCESS Unlirrined's AIMS Data Specialism1 16 $40 5640.00
30 SUB-TOTAL 51750.00
46.
106 TOTAL nam it 57140.00
47.•Argun s Field Data Collected flecl,o ;call
c1TYATA.XLS 0 0 V'.4
PRE:UM T M COST EST.
12f311Bt3 City orntascedero•AOA/Access Project
0 Pffase rn Pt'rli and Finer staff Mrs. hada Tow
48.produce Draft rrs.4Wwu ry FaciMy FkvSnpHtecortasrendafion-a13 Sues
749, ACCESS Unlimited's AIW"Report Gerteratws 1 15 $25 $375.00
50. hetes litary FaeR'dy Data Analysis.Ban leg Ica meal Priorities&Recanrn alalias&Cod Ed'"-4-
PMSM Project Manager 1 4 $100 $400.00
Sl. CESS UnilmitWs Access Specialists 1 4 $95 $380.00
52. RoSM�i�ArchitectsZesign Solutions 1 15 $85 $
1,275-00
53.
54. PMSM Project Nehitects Cost btimaring t 15 ----- $85 $i.2 75 00
55.Data Entry-Revisiaoa to Fari6tY Access ReParU Rased on Project Teas Inptd
56. ACCESS Unlimited's AIMS"Data Special'csts 1 15 $40 $600.00
57.rtoduce rMimle ry Facility Access Re PGAS ailh rw,& VJRecenaweud&Lkm X13 Sites
Sa ARMS"'Report Generators 1 15 $25 5375.00
59.heliw wary"rear DaUAnalysiN RA Wier Removal Prlorhks&Reoarasendatiars
60. ACCESS Unlimited s AIMSTe/feces:Specialists 1 10 $95 5950 00
61.Produce rMininary Ptogasr Access I cparb with Fiving tecomae datwrr t6 Departtmnts
62. AIMS"'Report Generators 1 7 $25 (175.00
63.Meson`ft2 WNh Gty Staff-Progesa epwt Preretr/ation of P4el'ninury Firdinp
PMSM Project Monaga 1 6 $100 $600.00
64.
65. ACCESS Unlimited's AccessSpecialists 1 6 $95 5510.00
11,111111110 11 -
66.gamier Ra mal Priorities&Recumne Mdations Revision
67. PMSlvI Project Manager 1 6 5100 Sb00.00
68 ACCESS Unlimifed'sAocTssSpecialists t 6 $95 $570.00
69. PMSM Project Architeam-Oes4n Sol'nions 1 8 $85 1 $680.00
70. PiubfkMeetiig Is
71. FMSM PW*t Manager 1 6 $100 5600 00
I
73.Data Gttryatev'sions to facirdy Aee Reports Rased on Client&rojed Team hpA
74. ACCESS Unlimitod's AIKW"Data SPeCialiasi 1 20 540 5800.00
75.Final FacMy and►rogam Acceoxihil' Report/Tramilim&Accowrtwdation Plana x13 Sites&s6 Departrnads
76. ACCESS Unlimited's AIMS"'Report Generators 1 30 $25 f7S0.00
77.Develop Fiss1(VarnUYc/Stn+nary Repott(s)and Status Report(s)
PMSM Project Manager 1 10 $100 $1,000.00
. 78.
79. ACCESS Unlimited's Access Specialists 1 10 $95 $950.00
80. Secretarial 1 2 $40 $80.00
MM W LP
81.Meeting 63 WAt City SNtf-FuW Kq art rrrsattatlon
82. PMSM Project Manager 1 6 $100 (600.00
83. ACCESS Unlimifed's Access Specialists 1 6 $95 $570.00
TOTM rhre ar
104 $14,175.00
84. Taal Professional Feest $26,970.00
85.
nt UnilCost Total
78:60rafts
a 20 0 $ly $0.00
and Final Reports Duplication Binding-by City of Aiascadero 15 $7 $l0S.00
m Supplies 0 $35 $0.00
oto Piocesslnl;Mindirrg-s13 Sites br Gfr o(AUscadero 1 $1,500.00
89. Offioa Reimi%vsable Expenses-PM9 Arcbitear 1 51,500.00
90. Cyfrce Asimbmsable Expanses.ACCI 35 Unlimited
Total oses 53,105.00
91. GRANOTOTAL 530,075.00
92.
Cost Breakdown of Professional Fees By Phase Total
Phase I_project Mohir'izatlon 8 Project Accessibility Criteria Selection 55,556.00
phase mss SUMys f&Data Complation S7140.00
Phase W Preliminary and Fwtal Reports $14,175.00
Professional Fees Total Ail Phases 526,970.00
project Expenses All Phases 59+106JM
GRAND TOTAL $:0.076.00
CrryATA.XLS
JAN-14-1997 10:26 PMSM ARCHITECTS 8055648582 P.09
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REPORT TO CITY COUNCIL Meeting Date: 8-26-97
CITY OF ATASCADERO Agenda Item: C-1
4ou gh: Bob Grogan, Int rim City Manager
m: Rachelle Rickard, Accountant
SUBJECT:
Refunding the 1989 Certificates of Participation (COP)
RECOMMENDATION: (Staff and Finance Committee)
A minute order authorizing the refunding of the 1989 Certificates of Participation pursuant to the refundung
proposal submitted by W.J. Fz well Co. and Municipal Leasing Associates dated July 30, 1997.
BACKGROUND
In 1989 the City issued $ 2,0 0,000 of Certificates of Participation to finance the Police Station Project and
the Lake Pavilion Project. Currently the City has $ 1,450,000 in COPs outstanding at interest rates
between 7.4% to 7.8%. Because of changes in the market, we can currently refinance these COPs at a
lower interest rate and realize a net cash savings of $211,000 and a present value savings of $ 102,000.
We looked at two options fo refinancing the COPs; doing a public offering or issuing private placement
ebt. Each option would ge erate a substantial savings and would not require a cash outlay by the City
Wter than the use of the cur ent trustee held COP cash reserve account. A refunding would call for the
y to issue the new debt ar d place the proceeds of the debt in an escrow account with a trustee. The
trustee would then hold the f nds and make all payments on the old COP until the first call date, at which
time they will call the bonds. Once the City has placed the required funds into the escrow account, they
are no longer liable for the old COPs and the City would begin making payments on the new debt.
We are recommending that the City issue private placement debt. (A comparison of the two proposals is
included on page 2 of this package.) Although the interest rate in private placement debt is higher than
with a public offering, the City would realize a net savings due to lower issuance costs, no trustee fees and
no required cash reserve. Private placement offers an additional net cash savings of $60,633 , an
additional present value savings of $2,369 and offers a guaranteed interest rate. The public offering would
actually be issued at the current market rate at the time of issuance which may be substantially higher or
lower than the rate quoted in 1he proposal.
FISCAL IMPACT:
A total cash savings of $211,259.
A net present value savings o $ 101,782.
A reduction in annual debt ervice payments of $ 30,000 - $ 40,000 with an average reduction of
;534,000.
loe of the $ 195,000 restricted cash reserve currently held by the Bank of New York. These are funds that
have already been transferred to the COP Debt Service Fund by the General Fund, Police Impact Fees Fund
and the Parks & Recreation Impact Fees Fund and are held in restricted trust
1
0€)012?7
CITY OF ATASCASDERO
ANALYSIS OF COP REFUNDING PROPOSALS
W.J. Fawell/ George K.
Municipal Leasing Baum&Co. Difference
General Information
Type of Debt Private Placement Public Offering
Average Interest Rate 5.7500% 4.9359%* -0.8141%
Interest Rate Guaranteed Through August 27, 1997 N/A
Principal Issued $ 1,368,000 $ 1,575,000 $ 207,000
Required Reserve Held by
Trustee $ - $ 158,500 $ 158,500
Net Present Value Savings $ 101,782 $ 99,413 $ 2,369
Calculation of Savings
Proposed Debt Service A $ 1,905,096 $ 2,106,229 $ 201,133
Proposed Trustee Fees - 18,000 $ 18,000
Proposed Use of Cash (Currently
Held by Trustee) 195,000 36,500 (158,500)
Total Proposed Cash Requirements 2,100,096 2,160,729 60,633
Total Current Cash Requirements 2,311,255 2,311,255
Total Cash Savings $ 211,159 $ 150,526 $ 60,633
Interest rates quoted as of July 22, 1997. Actual interest rate is dependent upon the market at the
date of issuance.
Staff Report
2
0001 :8
. CITY OF ATASCADERO
ANALYSIS OF SAVINGS
W.J. FA ELL & CO PROPOSAL FOR COP REFUNDING
Present Present
Current Proposed Net Cash Value Factor Value
Debt Service Debt Service Savings 5.7519% Savings
8/97 - 195,000.00 (195,000.00) 1.000000 (195,000.00)
1/98 58,855.00 19,883.50 38,971.50 0.985768 38,416.85
7/98 136,055.00 139,330.00 (3,275.00) 0.958211 (3,138.14)
1/99 55,895.00 36,455.00 19,440.00 0.931423 18,106.86
7/99 138,095.00 122,455.00 15,640.00 0.905384 14,160.21
1/00 52,707.50 33,982.50 18,725.00 0.880074 16,479.39
7/00 139,907.50 124,982.50 14,925.00 0.855471 12,767.91
1/01 49,310.00 31,366.25 17,943.75 0.831556 14,921.24
7/01 141,510.00 127,366.25 14,143.75 0.808310 11,432.53
1/02 45,700.00 28,606.25 17,093.75 0.785713 13,430.78
7/02 152,900.00 129,606.25 23,293.75 0.763748 17,790.55
1/03 41,410.00 25,702.50 15,707.50 0.742397 11,661.20
7/03 153,610.00 132,702.50 20,907.50 0.721642 15,087.74
1/04 36,925.00 22,626.25 14,298.75 0.701468 10,030.12
7/04 154,125.00 136,626.25 17,498.75 0.681859 11,931.68
1/05 32,245.00 19,348.75 12,896.25 0.662798 8,547.60
7/05 159,445.00 139,348.75 20,096.25 0.644268 12,947.38
1/06 27,175.00 15,898.75 11,276.25 0.626257 7,061.83
7/06 164,375.00 142,898.75 21,476.25 0.608750 13,073.67
1/07 21,715.00 12,247.50 9,467.50 0.591732 5,602.22
7/07 168,915.00 146,247.50 22,667.50 0.575190 13,038.12
1/08 15,865.00 8,395.00 7,470.00 0.559111 4,176.56
7/08 173,065.00 150,395.00 22,670.00 0.543480 12,320.69
1/09 9,625.0 4,312.50 5,312.50 0.528287 2,806.52
7/09 181,825.0 154,312.50 27,512.50 0.513518 14,128.17
2,311,255.00_ 2,100,096.00 211,159.00 101,781.68
W.J. FAWELL CO
3 000129
W. I Fawell Co.
♦ Public Finance
y, July 30, 1997
Ms. Rachelle Rickard
;r Accountant
City of Atascadero
" 6500 Palma Ave.
Atascadero,CA 93422-7225
y Subject.Refunding of$2,000,000, City ofAtascadero, 1989 Certificates of Participation,
a. <
' (Police Headquarters,Park Pavilion and Park Acquisition Project)
Dear Rachelle:
We are pleased to submit a proposal to refund the City's above referenced bond issue("1989 COP'S").
We anticipate refunding the 1989 COP's with a private placement lease arrangement. The terms and
conditions of our refunding proposal are as follows:
Lessor: Municipal Leasing Associates, Inc.
Lessee: City of Atascadero, CA
Property: ^ Multiple capital improvements
Total Refunding Amount: To Escrow $1,548,000
(Includes Reserve Fund Costs of Issue 15.000
fF
From 1989 Bonds) Total $1,563,000
Defeasance Escrow: We estimate that the City currently has approximately$195,000 in
funds held by the Trustee (e.g., reserve fund). These funds, when
added to funds deposited to escrow by the refunding lease,will be
sufficient to fully defease the current obligation.
Cost of Issue: $15,000,which covers all costs to arrange the financing including
tax counsel, escrow fees, title insurance, an escrow verification
opinion and documentation expenses. This fee is included in the
financing amount and paid to the financing team participants on the
closing date.
Interest Rate: The lease payments for the refunding lease are computed at a 5.75%
interest rate.The interest rate shall be held firm through the closing
date.
♦ 1905 Wandering Road Suite 202 Encinitas, CA 92024
♦ Tel: (619) 942-2442 - FAx: (619) 942-3096
4 00030
Ms. Rachelle Rickard July 30, 1997 -2-
funding Term: July 1,2009.The first payment due the Lessor's assignee is due on
January 1, 1998,with semi-annual payments thereafter.
Current Payments: The flow of payments to be appropriated by the City for the current
obligation and a comparison of these payments with payments under
the refunding plan are shown on Exhibit"A-2"
Type of Lease: The agreement will be a net lease whereby the City is responsible
for the expense of maintenance, insurance and taxes.
Prepayment Option: The Lessee will enjoy an option to prepay the financing on any lease
payment date.
Estd. Present Value Savings: Exhibit A-1: $114,550(8.374%)of financing size. Includes both
(Using 5.75%Discount Rate) debt service and estimated annual Trustee savings.
Documentation: Preparation of Lease documents will be the responsibility of
Municipal Leading Associates, Inc., ("Lessor"). Closing the
Refunding Lease is subject to favorable credit review and
completion of documentation to the satisfaction of Municipal
Leasing Associates, Inc.,and its assignee.
Bank Qualified: The City shall designate the refunding financing as a"qualified tax
exempt obligation" pursuant to Section 265(b)(3) of the Internal
Revenue Code of 1986. In order to designate the refunding as being
0 "bank qualified", it is understood that the City does not expect to
issue more than $10,000,000 of tax exempt debt in 1997.
Expiration Date: The period for acceptance of this proposal shall expire after August
27, 1997.
If this proposal is acceptable, please sign below and return the acknowledgment copy.
Sincerely, ACCEPTED BY:
W.J. FAWELL CO. CITY OF ATASCADERO,CALIFORNIA
William J. Fawell Signed:
President
Date:
5 000131
W.J. Fawell Co.