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HomeMy WebLinkAboutPRC_2007-11-15_AgendaPacketCITY OF A TA SCA DERO PA RKS AND RECREA TION COMMISSION AGENDA Thursday, November 15, 2007 7:00 P.M. Regular Meeting Atascadero City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Chairperson: Vice -Chairperson: Commissioner: Commissioner- Commissioner- Commissioner: ommissioner:Commissioner:Commissioner: Commissioner: Student Representative Student Representative Jay Sechrist Barbie Butz Daniel Chacon Ann Hatch Jonalee Istenes Sorrel marks Rick Mathews Paige Buck -Moyer Ryan Carden COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Commission.) APPROVAL OF AGENDA: Roll Call COMMISSION/ YOUTH REPRESENTATIVE ANNOUNCEMENTS AND REPORTS: (On their own initiative, Commission Members may make a brief announcement or a brief report on their own activities. Commission Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Commission may take action on items listed on the Agenda.) PRESENTATIONS: 1. Presentation to Outstanding Community Services Department Volunteer Lee Swam. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Commission concerning the item before action is taken.) B. PUBLIC HEARINGS: 1. a) Planned Development Overlay Zone #31: BMX Facility Master Plan of Development (6575 Sycamore Rd. / Atascadero BMX) ■ Fiscal Impact: None. ■ Recommendation: Commission recommend approval of the proposed BMX facility with any recommendations regarding facility design and standards for operation and agreements. [Community Development] b) Bicycle Moto -Cross (BMX) Track — Colony Park Site Alternative ■ Fiscal Impact: None. The BMX group will install and maintain the track facility. ■ Recommendations: Commission: 1. Conceptually approve the BMX use at Colony Park on a three (3) year basis; and 2. Provide any input as may be appropriate on the two (2) Draft Agreements relating to the Track. [Community Services] C. MANAGEMENT REPORTS: 1. a) Paloma Creek Park Playground Project Site Design ■ Fiscal Impact: Expenditure of $225,000 in previously allocated funds for the replacement of the Paloma Creek Park playground structure, if authorized by the City Council. ■ Recommendation: Commission review and recommend approval of the project. [Community Services/Public Works] b) Appointment of Paloma Creek Park Playground Equipment Selection Sub -Committee Member ■ Fiscal Impact: None. ■ Recommendation: Chairperson select a Commissioner to serve on the Paloma Creek Park Playground Equipment Selection Sub - Committee. [Community Services/Public Works] 2. Santa Rosa Road / Atascadero Lake Park Pedestrian Bridge Replacement Project ■ Fiscal Impact: $75,000 is included in the 2007/2009 Budget to replace the existing pedestrian bridge. This is sufficient funding to design and construct the project. ■ Recommendation: Commission receive report on Santa Rosa Road/Atascadero Lake Park Pedestrian Bridge Replacement Project and recommend using a prefabricated steel bridge to replace the existing bridge. [Public Works] 3. Atascadero Parks and Recreation Commission Tentative 2008 Work Plan ■ Fiscal Impact: None. ■ Recommendation: Commission review and comment on the Calendar of agenda items and projects within its jurisdiction for possible consideration and action in 2008. [Community Services] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. Atascadero Youth Task Force - Next meeting 12/04/07 E. STAFF COMMENTS/ ANNOUNCEMENTS: 1. Mark Your Calendar: ■ 11/17/07 — Holiday Boutique ■ 11/24/07 — Holiday Lighting Ceremony / Sunken Gardens ■ 11/29/07 - Colony Park Community Center Recognition Reception ■ 12/01/07 - Colony Park Community Center Grand Opening ■ 12/01/07 — Spring Atascadero Magazine Release ■ 12/01/07 — Holiday Walk Around the Lake (Atascadero Lake Park) ■ 12/21/07 - Ice Skating Rink returns to Atascadero for the Holidays 2. Parks Project Update F. ADJOURNMENT: THE NEXT PARKS AND RECREATION COMMISSION MEETING MAY BE TENTATIVELY SCHEDULED FOR DECEMBER 20, 2007, AT 6:00 P.M. I, Shannon Sims, Administrative Assistant of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the November 15, 2007 Regular Session of the Atascadero Parks and Recreation Commission was posted on Friday, November 9, 2007 at Atascadero City Hall Annex, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 91h day of November, 2007 at Atascadero, California. Shannon Sims, Administrative Assistant City of Atascadero City of Atascadero WELCOME TO THE ATASCADER0 PARKS AND RECREATION COMMISSION MEETING The Parks and Recreation Commission meet in regular session on the third Thursday of each month at 7:00 p.m., in the Atascadero City Hall, located at 6907 El Camino Real, Atascadero. The Parks and Recreation Commission consider matters in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Services Department and are available for public inspection during City Hall Annex, 6907 El Camino Real, during business hours at the Central Receptionist counter and on our website; www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Parks and Recreation Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Services Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the Community Services Department at (805) 461- 5000. Notification of at least 48 hours prior to the meeting or time when services are needed, will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Parks and Recreation Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Chairperson will call for anyone from the audience having business with the Parks and Recreation Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the Community Services Department 14 days preceding the Parks and Recreation Commission meeting. Should you have a matter you wish to bring before the Commission, please mail or bring a written communication to the Community Services Department in the City Hall Annex prior to the deadline. ITEM NUMBER: B - 1 (A) DATE: 11/15/07 Atascadero Parks and Recreation Commission Staff Report - Community Development Department Planned Development Overlay Zone #31: BMX Facility Master Plan of Development (6575 Sycamore Rd. / Atascadero BMX) RECOMMENDATION: Commission recommend approval of the proposed BMX facility with any recommendations regarding facility design and standards for operation and agreements. REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development #30 overlay zone, and Zone Map Amendment to establish a Planned Development Overlay Zone #31 on the subject site with a corresponding Master Plan of Development (CUP) that would allow a private BMX facility to be located at 6575 Sycamore Rd. The specific project site is currently undeveloped and is owned by the Atascadero Mutual Water Company. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Atascadero BMX — Tom Jordan 2. Project Address: 6575 Sycamore Rd, Atascadero, CA 93422 APN 028-111-001, 003 (San Luis Obispo County). 3. General Plan Designation: I (Industrial) 4. Zoning District: IP (Industrial Park) 5. Site Area: 24 acres 6. Existing Use: Vacant at the proposed location 7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0015 Background: Surrounding Land Use and Setting: North: Open Space / Salinas River East: Industrial South: Cemetery / Residential West: Industrial / AMWC The project site is within the Industrial General Plan land use designation and is zoned Industrial Park. As outdoor recreation is not an allowed use within the Industrial Park Zone, the requested application includes a PD overlay zone change to allow the facility at this site only and provide additional controls and standards for the proposed BMX track. A public meeting was held on April 10, 2006 for the neighbors to hear the proposal, ask questions, and discuss any concerns they had with the proposed facility. Issues discussed at that meeting included: ■ Noise ■ Lights ■ Traffic ■ Parking • Times of use Analysis of these issues is discussed in the following section. ANALYSIS: The proposed use includes a Master Plan of Development which sets forth standards for the development and operation of the proposed facility. The proposed facility includes a BMX track for non -motorized bikes, a concession stand, announcer's tower, and storage building. The facility will be fenced and monitored by the Atascadero BMX Association. The BMX track and associated improvements will be managed, maintained, and operated solely by the Atascadero BMX Association. The City is participating as lease at the request of the Atascadero Mutual Water Company. The City does not have plans to share operation of the facility and no public events or access will be provided. The proposed BMX facility is located adjacent to the Anza trail. Landscape buffering will be provided between the facility and the Anza trail as discussed below. Site Plan and Circulation The proposed facility takes access off of Sycamore Road and 47 designated parking spaces will be provided on-site. In addition, an overflow parking area is proposed to be located under the Highway 41 Bridge. This area will provide parking for larger events and will accommodate approximately 58 additional cars. An encroachment permit from Caltrans will be required prior to issuance of permits for the overflow parking area. If an encroachment permit cannot be obtained, the facility will be limited to the main parking area shown on the Master Plan of Development. Frontage Improvements: No frontage improvements will be required by the city Engineer. Landscaae Desian The applicant will provide landscaping along the borders of the proposed facility to screen the use and provide a buffer between the facility and the Anza trail. Landscaping will include native drought tolerant species and will be maintained by the Atascadero BMX Association until such a time that they are established. Screening materials will consist of evergreen shrubs and shall be maintained to provide adequate screening of the use. Site Drainage As the proposed track and improvements are located adjacent to the Salinas River, detention and siltation controls have been proposed which will mitigate negative impacts of storm water run-off. These basins will function regardless of the configuration of the site. Floodway Impacts The proposed BMX track and associated accessory buildings are located within the Salinas River Floodway. The floodway is the channel of a river and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height. Permanent structures and fill material are not allowed within the floodway, unless it has been demonstrated through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge, as they can affect the floodway volume and velocity of water causing downstream impacts. As such, staff has conditioned that the structures be portable and removed no later than December 1St following the end of the BMX season. In addition, the City will reserve the right to require removal of the structures during the BMX season should the City Engineer deem necessary based on any anticipated storm or flood vent. The project is also conditioned to have an engineering evaluation to demonstrate that the grading will not have an impact on the Floodway. Neighborhood Concerns During the April 2006 neighborhood meeting, the following issues and concerns were discussed: Noise.- The oise. The neighborhood had concerns regarding noise from users, spectators, and race announcers. Atascadero BMX Association is requesting amplified announcement similar to the announcement system utilized at Paloma Park for sports events. The amplified sound system is lower volume and utilizes one speaker which will be positioned at the announcer's tower. Lights.- No ights. No lighting is proposed for the facility. Events will not be held after dark. Traffic.- The raffic. The proposed facility has one access point off of Sycamore Road both for regular and overflow parking. Sycamore is a two lane road and Atascadero BMX anticipates an average of 25 cars during practice and local race times and 125 cars during a State or National event. The project is conditioned to provide a sight distance analysis of the proposed driveway location to ensure safe entrance and egress for the facility. Parking: Two parking areas are proposed for the use; 1) the designated parking area which can accommodate 47 vehicles and 2) the overflow parking area which can accommodate up to 58 additional vehicles. No parking will be permitted along Sycamore Avenue and no additional site area is proposed for parking. Times of use: The BMX season starts March 1St and ends December 1St. All structures will be removed during the off-season, as conditioned. The track may still be used for practice during the off-season, weather permitting. Wastewater The facility will utilize portable restrooms that will be managed and maintained by the Atascadero BMX Association. FISCAL IMPACT: It is staff's understanding that the proposed BMX facility will not be operated as a public facility, no staff or operational costs will be incurred. Additionally, all liability will be the responsibility of the Atascadero BMX Association. Proposed Environmental Determination A Draft Mitigated Negative Declaration was prepared for the project and posted for public and agency review. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. Conclusion The proposed application includes a BMX facility located along the Salinas River area on property owned by the Atascadero Mutual Water Company. The facility will be maintained and operated by the Atascadero BMX Association. Staff is recommending that the Parks and Recreation Commission adopt a resolution of support for the project with any recommendations and/or issues that should be reviewed and considered by the Planning Commission and City Council. ALTERNATIVES 1. The Parks and Recreation Commission may make recommendations about the project design and/or operation. 2. The Parks and Recreation Commission may determine that more information is needed on some aspect of the project before making a recommendation and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Parks and Recreation Commission may recommend that the Planning Commission and City Council deny the requested project. The Commission should state why they feel the project should be denied. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution PC 2007-0029 Attachment 1: Location Map, General Plan and Zoning Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ATTACHMENT 3: Draft Resolution PC 2007-0029 Recommendation for approval of the Atascadero BMX Facility at Sycamore Rd DRAFT RESOLUTION PC 2007-0029 RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING APPROVAL OF THE PROPOSED BMX FACILITY ON APN 028-111-0019 003 (6575 Sycamore Rd / ABMX) WHEREAS, an application has been received from Atascadero BMX Association — Tom Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual Water Company 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30) and a Zone Map Change to apply PD -30 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject applications was held by the Parks and Recreation Commission of the City of Atascadero on September 20, 2007 at which hearing evidence, oral and documentary, was admitted on behalf of said project; and, NOW THEREFORE, the Parks and Recreation Commission of the City of Atascadero, hereby resolves to recommend that the proposed project be approved by the City Council. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -30 / Atascadero BMX 6575 Sycamore Rd Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer l Planned Development Overlay #31 h y BP: Building Permit CA: Wastewater CA: City Attorney FI: Final Inspection T0: Temporary Occupancy F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of the Zone Text Amendment and Zone Map Change applications upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 3. Approval of this Conditional Use Permit shall be valid for twenty four (24) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the project. 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All site development and future use shall comply with the standards of the BP PS, BS Planned Development -31 Overlay District. 7. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 8. All landscaping shall be drought tolerant and shall be designed to screen the GP/BP PS proposed use from adjacent residences and the historic Anza trail. Buffering of the historic Anza trail shall consist of a minimum 6 -feet of landscaping and shall be maintained by the Atascadero BMX Association and/or those responsible for the proposed BMX track as specified by the licensing agreement with the City. Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Develo ment Overlay #31 h Y BP: Building Permit CA: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 9. No exterior lighting shall be permitted as part of this project BP PS 10. The developer and/or subsequent owner(s) shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas. Ongoing 11. Fencing around the project boundaries shall be brown or green vinyl clad chain FM/BP PS, CA link fencing. 12. Parking shall be limited to the areas shown on the grading / site plan. No parking will be permitted along Sycamore Rd. or on any other property or any other portion of the Atascadero Mutual Water company property. 13. If the use is ever discontinued for more that 9 months, the site shall be restored to its natural state at the cost of the applicant. A restoration plan shall be submitted to the City for review and approval. City Engineer Project Conditions 14. A sight distance analysis shall be completed prior to the issuance of building GP, BP CE permits. Sight distance from the site access driveway shall comply with City standards and obstructions shall be moved or modified as necessary. 15. The project engineer shall provide a report analyzing impacts of dirt movement GP, BP CE and structures within the floodway and will show that the proposed improvements will not impact the floodway. 16. All structures shall be designed to be movable. All structures shall be removed GP, BP CE from the floodway between December 1St and March 1St. The applicant shall be prepared to move all structures between October 15th and April 15th if deemed necessary by the City Engineer. 17. An encroachment permit from Caltrans shall be required prior to issuance of any building permits showing overflow parking under the existing Highway 41 bridge. Should a Caltrans encroachment permit not be obtained, the BMX facility will be limited to only the main parking area shown on the plans. Mitigation Measures Mitigation Measure 1.c.1: Landscape buffering shall be provided between the BP PS 1.c.1 BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs such as Ceanothus, Manzanita and Flannel Bushes. Advertisements and signage will be placed so that no signs are visible from Sycamore Rd or the historic Anza trail. Mitigation Measure 1.d.1: Lighting will be limited to low-level safety lighting. No 13P/ PS 1.d.1 track or event lighting will be permitted. Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Develo ment Overlay #31 h Y BP: Building Permit CA: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Ongoing Mitigation Measure 3.b.1: Dust Control Measures - The project as described in BP PS/CE/BS 3.b.1 the referral will not likely exceed the APCD's CEQA significance threshold for degradation of air quality. However, construction and proposed activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed site. Dust complaints could result in a violation of the District's 402 "Nuisance" Rule. APCD staff recommend the following measures be incorporated into the prosect to control dust during construction and throughout the life of the proposed use: _i Reduce the amount of the disturbed area where possible; Fi Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; ❑ All dirt stock-pile areas should be sprayed daily as needed; and E1 All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used. Mitigation Measure 3.b.2: The track will be watered and maintained to control dust BP PS/CE 3.b.2 off of both the track and associated improvements such as the parking areas. Mitigation Measure 4.e.1: Grading and excavation work shall be consistent with BP PS 4.e.1 the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. Mitigation Measure 4.c.1: The riparian shall be fenced off during initial BP PS 4.c.1 construction. The permanent fencing to be installed shall denote the limits of future activity and use. Mitigation Measure 5.a.1: The historic Anza trail will be relocated outside the BP PS 5.a.1 project boundary and shall be constructed in a manner which is consistent with current use of the trail. Mitigation 5.d.1: Should any human remains be discovered on the property, all BP PS 5.d.1 work on the project should stop and the County Coroner contacted. If the human Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Develo ment Overlay #31 h Y BP: Building Permit CA: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. Mitigation Measure 6.b.1: All detention and erosion control measures shall BP/ CE 6.b.1 remain in place for the life of the project. Any subsequent earthwork and/or Ongoing redesign of the BMX course shall be compatible with the originally approved grading plan for the site. Any additional grading in excess of 50 cu yds shall require additional permits through the City. Mitigation Measure 6.b.2: Construction activities are subject to review for BP CE 6.16.2 compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Mitigation Measure 8.h.i.1: All structures will be portable. Structures will be Ongoing CE 8.h.i.1 removed from the site no later than December 1St and may not be re-established at the site until March 1 st. In the case of a storm or flood event during the BMX season, or at any other time as instructed by the City Engineer, all structures shall be removed and shall not be returned until permitted by the City Engineer. Mitigation Measure 8.h.i.2: No net fill material shall be permitted at the project site. BP/ CE 8.h.i.2 Any imported fill must be accompanied by equivalent export of existing material Ongoing from the site. Any export material shall be approved by the City Engineer and a traffic plan with designated export routes and receiver sites shall be submitted to the Community Development Department and the City Engineer for review and approval. Mitigation Measure 11.d.1: All construction and subsequent use activities shall Ongoing PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 11.d.2: Amplified sound will be limited to low-level building Ongoing PS 11.d.2 mounted equipment on the announcer's tower. Amplified sound will only be used for events and not for routine practices. Signage shall be posted by the applicant at the front gate alerting users of the rules for amplified sound and a contact number for the applicant's designee will be listed so that any use of amplified sound outside the allowed times can be reported. EXHIBIT B: Master Plan of Development/Site Plan ITEM NUMBER: B - 1 (B) DATE: 11/15/07 Atascadero Park & Recreation Commission Staff Report — Community Services Department Bicycle Moto -Cross (BMX) Track Colony Park Site Alternative RECOMMENDATIONS: Commission: 1. Conceptually approve the BMX use at Colony Park on a three (3) year basis; and 2. Provide any input as may be appropriate on the two (2) Draft Agreements relating to the Track. DISCUSSION: Background: The Atascadero BMX group has expressed an interest in a potential surplus parcel of land located between the George Beatie Skate Park and the new Community Center at Colony Park. This parcel is presently the site of an overflow basin for the City drainage and wastewater collection system. The site would require environmental testing and mitigations performed before the site could be used for the proposed outdoor recreational use. The Colony Park Master Plan currently designates the area for the future relocation of the Atascadero Girl's Softball fields already in the park positioned along Traffic Way. If approved, the BMX Track use would be temporary, for a period of three years. If the use were deemed to be compatible and successful, the staff would ask the Commission and City Council to amend the Park Master Plan to make the BMX track permanent, and to have the ball fields remain where they are currently. The Commission is being asked to evaluate the Colony Park location as a potential desirable alternative to the Water Company site currently under consideration. If the Commission approve the conceptual use of this property for a temporary BMX Track, staff will then pursue testing, mitigation plan, precise plan and possible Negative Declaration for the site. The Atascadero BMX group could pursue final approval for either site; once more information is available on the Colony Park site. Mobley's, our partners in the Skate Park, may also be involved with helping to get the BMX track off the ground. They have a free -style BMX track behind the Skate Park, which will compliment the dirt track. Staff feels the BMX track could be a nice addition to Colony Park. We believe that the track and other improvements will be more accessible, making the park more attractive to the kids and serving a broader population of kids and bicycle riders. Attached, are the draft agreements for the property lease with the Water Company (if the Salinas River property is chosen), and a license agreement (or operating agreement between the BMX group and the City) which will be applicable to either location. Staff is seeking Commission comment and input on these agreements. FISCAL IMPACT: None. The BMX group will install and maintain the track facility. ATTACHMENTS: 1. BMX Track Site Photo 2. BMX Track Proposal by Atascadero BMX Association 3. Draft Agreement - Lease with Atascadero Mutual Water Company for Salinas River Property 4. Draft Agreement - Operating/License Agreement with Atascadero BMX (for either location) 5. Colony Park Master Plan LAND LEASE AGREEMENT THIS LAND LEASE (this "Lease") is made and entered into as of August , 2007, by and between Landlord and Tenant, as described in the following basic lease information. Landlord and Tenant hereby agree as follows: ARTICLE 1 --BASIC LEASE INFORMATION 1.1 Defined Terms. In addition to the terms, which are defined elsewhere in this Lease, the following terms shall have the following meaning: (a) LANDLORD: Atascadero Mutual Water Company, a mutual water company formed pursuant to the laws of the State of California. (b) LANDLORD'S ADDRESS: 5005 El Camino Real P.O. Box 6075 Atascadero, CA 93423 (c) TENANT: City of Atascadero, a general law city formed pursuant to the laws of the State of California. (d) TENANT'S ADDRESS: 6907 El Camino Real Atascadero, CA 93422 (e) LAND: Approximately 3.06 acres of land which is described and depicted in Exhibit A attached hereto and incorporated herein by this reference, and which is a part of the parcel of real property owned by Landlord and located at 6575 Sycamore Road, Atascadero, California ("Landlord's Property"). (f) PERMITTED USE: The Land may be used for the purpose of constructing a bicycle motor -cross sports track and related facilities and the management, supervision, and scheduling of events on same. Tenant agrees to comply with all policies, rules, and regulations of Landlord as they now or may hereinafter exist with respect to the use of the Land. (g) LICENSE AGREEMENT: An agreement to be entered into between Tenant and Atascadero BMX Association to use the Land for the Permitted Use. (h) IMPROVEMENTS: Improvements shall mean the construction and maintenance a bicycle motor -cross sports track and related facilities in accordance with plans submitted to and approved by the City pursuant to the License Agreement between the City of Atascadero and the Atascadero BMX Association. (i) TERM: The term of the lease shall be three (3) years with an additional one (1) year automatic extension provided; however, in the event that 1 840272.2 11335.1 Tenant ceases using the Property for the permitted use as described in this Agreement the lease shall expire within ninety (90) days of written notice from Landlord to Tenant and, after the expiration of the initial three (3) year term, Landlord may, in its sole discretion, unilaterally terminate this lease by giving Tenant six (6) months' written notice of termination. The lease shall expire within ninety (90) days of written notice from Landlord to Tenant, if Landlord determines that the property is not being used according to the permitted uses by Tenant or Tenant's agents or assigns. Landlord reserves the right to unilaterally terminate this Agreement upon the expiration of the initial three (3) year term, by giving Tenant six (6) months written notice of termination. 0) COMMENCEMENT DATE: October , 2007. (k) ANNUAL RENT: One Dollar ($1) annually payable on or before July 1 of each year. (1) SECURITY DEPOSIT: None 1.2 Exhibits. The following exhibits are attached to this Lease and are made part of this Lease: Exhibit A: Description and Depiction of the Land. Exhibit B: Improvements for Permitted Use. ARTICLE 2 --AGREEMENT AND USE 2.1 Lease. Landlord hereby demises and leases to Tenant the Land, and Tenant shall lease the Land from Landlord, according to the terms and conditions of this Lease Agreement. The duration of this Lease will be for the Term described in section 1. L(i). 2.2 Use. Tenant shall use the Land only for the Permitted Use. Tenant shall not allow the Land to be used for any unlawful purposes. Tenant will not commit waste and will not create any nuisance or interfere with, annoy or disturb any other tenant of Landlord's Property. Tenant shall not erect signs or other improvements on the Land without the approval of Landlord, which approval may be withheld in the sole discretion of Landlord, unless such signs are required by state or federal law, in which case such approval shall not be unreasonably withheld or delayed. Tenant will keep and maintain the Improvements in good condition and repair. Tenant will keep the Land free from all trash, debris, and waste. Landlord will provide Tenant with access to the Land twenty-four (24) hours per day, seven (7) days a week, three hundred sixty-five (365) days a year, subject to limitations set forth in Section 2.5 of this agreement. Notwithstanding anything to the contrary contained in this Lease Agreement, if, in the exercise of any rights hereunder, Tenant, its licensee, or agents shall cause damage to the Landlord's Property or any equipment located on Landlord's Property, Tenant shall, within ten (10) days after receipt of a statement from Landlord evidencing the amount of such damage, pay Landlord the costs to repair such damage. The cost of repair shall include a reasonable sum to compensate Landlord for its direct and indirect staff time in obtaining quotes for the repair work and preparing the statement to Tenant. 2 840272.2 11335.1 2.3 License Agreement with Atascadero BMX Association. Tenant intends to enter into a License Agreement with Atascadero BMX Association for the Permitted Use. The License Agreement with Atascadero BMX Association shall provide the terms and conditions for the use of the Land, and require that Atascadero BMX Association comply with all terms of this Lease Agreement. Prior to Tenant entering into the License Agreement, Landlord shall be provided with a copy of the License Agreement for review and comment. If there are any conflicts between the terms of this Lease Agreement and the terms of the License Agreement, the terms of the Lease Agreement shall prevail. 2.4 Delivery of Possession. Landlord will deliver possession of the Land to Tenant on the Commencement Date, "AS -IS" in its present condition. Tenant acknowledges neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Land for the conduct of Tenant's business or as to the physical condition of the Land, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any improvements to the Land. 2.5 Governmental Approvals. Tenant shall, at its sole cost and expense before the Commencement Date, apply for and obtain all licenses, permits, approvals, required by any local, state or federal governmental authorities for its use of the Land, including without limitation, all applications for zoning variances, zoning ordinances, building code variances, amendments, special use permits, and construction permits and other licenses and approvals necessary for the operation of Tenant's business from the Land (collectively, the "Governmental Approvals"). Landlord shall cooperate with Tenant to obtain all necessary Governmental Approvals, provided; however, Landlord shall not be required to expend any money in such cooperation. Tenant understands and agrees that Tenant's right to use the Land is contingent upon Tenant obtaining and continually maintaining in full force and effect all Governmental Approvals. In the event any Governmental Approvals issued to Tenant are canceled, expire, lapse, or are otherwise withdrawn or terminated by any governmental authority so that Tenant will be unable to use the Land for its intended purposes, this Lease shall automatically terminate. 2.5 Access. Tenant shall be provided access to the Land, across Landlord's Property as more particularly depicted in Exhibit A (the "Access Drive"). In accessing the Land, Tenant shall not interfere with Landlord's operations and Tenant shall not in any manner block access to the gate or to any other facilities on Landlord's Property. Landlord shall have the right upon ten (10) days prior written notice to Tenant, to relocate the Access Drive to another location on Landlord's Property, as long as Tenant's access to and use of the Land is not materially affected. Landlord may from time to time, with twenty-four (24) hour prior notice to Tenant, impose such reasonable restrictions on the time and means of access to the Land as Landlord deems necessary for security precautions. Tenant agrees that it will not change locks on any gates to Landlord's Property or the Land, or install additional locks on such gates. Tenant further agrees that it will not duplicate any keys of Landlord. ARTICLE 3 --RENT AND TAXES 3.1 Rent. Annual Rent shall be in the sum of One Dollar ($I) per year, paid annually on or before July 1 each year, with the first years' rent being paid by Tenant to Landlord concurrently with the signing of this lease. Annual Rent will be paid to Landlord, 5005 El 3 840272.2 11335.1 Camino Real, Atascadero, California 93423, or to such other person, firm or place as Landlord may, from time to time, designated in writing. 3.2 Utilities. Tenant shall, at its sole cost and expense, arrange for electricity, water, gas, and other utilities necessary for Tenant's operations to be provided to the Land directly from such providers. Tenant shall be billed directly for the use of such services, and shall promptly pay the same when due. 3.3 Taxes. In addition to Rent, Tenant shall pay additional taxes or assessments, if any, which may be levied or charged to Landlord as a result of Tenant's use or occupancy of the Land, including but not limited to, assessments upon or measured by Rent, including without limitation, any gross revenue tax, excise tax, or value added tax levied by the federal government or any other governmental body with respect to the receipt of Rent; and upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Land. Tenant shall promptly pay all personal property taxes on Tenant's Improvements and personal property and any other taxes payable by Tenant as due 3.4 Limitation on Liability. Landlord will not be in default under this Lease or be liable to Tenant or any other person, for direct or consequential damages, or otherwise, for any failure to supply any electricity, water, gas, security or other utilities, or for surges or interruptions of electricity, or other such services or utilities. ARTICLE 4 --INDEMNIFICATION, WAIVER, AND RELEASE 4.1 Tenant's Insurance. At all times during the Term, Tenant will carry and maintain, at Tenant's expense, the following insurance in the amounts specified below or such other amounts as Landlord may from time to time reasonably request. (a) bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $2,000,000. All such insurance will be equivalent to coverage offered by a Commercial General Liability form including, without limitation, personal injury, death of persons or damage to property occurring in, on, or about the Land, and contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in this Lease; (b) insurance covering the Improvements, and any other personal property owned by Tenant or any Licensee located on or about the Land, and any leasehold improvements to the Land, in an amount not less than the full replacement cost. Property forms will provide coverage on a broad form basis insuring against "all risks of direct physical loss." (c) worker's compensation insurance insuring against and satisfying Tenant's and any Licensee's obligations and liabilities under the worker's compensation laws of the state where the Land is located, including employer's liability insurance in the limits required by the laws of the state where the Land is located; (d) additional insurance reasonably requested by Landlord. 4 840272.2 11335.1 4.2 Forms of the Policies. All such insurance shall be placed with insurers having an A.M. Best's rating of B+XIII and under such form of policies acceptable to Landlord. Certificates of Insurance, together with copies of endorsements, when applicable, listing Landlord and any others specified by Landlord as additional insureds, will be delivered to Landlord prior to Tenant's occupancy of the Land and from time to time at least 10 days prior to the expiration of the term of each such policy. All Commercial General Liability or comparable policies maintained by Tenant will list Landlord and such other persons or entities as Landlord specifies from time to time as additional insured parties, entitling them to recover under such policies for any loss sustained by them, their agents and employees. All such policies maintained by Tenant will provide that they may not be terminated nor may coverage be reduced except after 30 days' prior written notice to Landlord. All Commercial General Liability and property policies maintained by Tenant will be written as primary policies, not contributing with and not supplemental to the coverage that Landlord may carry. 4.3 Self Insurance. Notwithstanding the provisions of Article 4 of this Agreement, Tenant shall be permitted to assume and self -insure the risks covered as set forth Section 4.1 of this Agreement with deductible amounts as agreed to by the Landlord and shall not be required to purchase or maintain any insurance policy of any kind with respect to this Lease. 4.4 Waiver of Subrogation. Landlord and Tenant each waive any and all rights to recover against the other or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried by such parry pursuant to this Article or any other property insurance actually carried by such party to the extent of the limits of such policy. Landlord and Tenant, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Land or the contents of the Land. ARTICLE 5 --INDEMNIFICATION, WAIVER, AND RELEASE 5.1 Tenant's Indemnification. From and after execution of this Lease, Tenant assumes all risks of its own operations, and those of its agents, independent contractors, and any licensees, including the Atascadero BMX Association. Tenant and its agents, independent contractors, and any licensees, including the Atascadero BMX Association shall indemnify, defend and hold Landlord, its employees, directors, officers and agents harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages (including consequential damages), liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) which arise out of or relate to: (1) the use or occupancy or manner of use or occupancy of the Land by Tenant or any person claiming under Tenant; (2) any activity, work, or thing done or permitted by Tenant in or about the Land; (3) any breach by Tenant or its employees, agents, contractors or invitees of this Lease; and (4) any injury, loss or damage to the person, property or business of Tenant, its employees, agents, or contractors or any invitees entering upon the Land under the express or implied invitation of Tenant. If any action or proceeding is brought against Landlord or its employees, directors, officers or agents by reason of any such claim for which Tenant has indemnified Landlord, Tenant, upon written notice from Landlord, will defend the same at Tenant's expense with counsel reasonably satisfactory to Landlord. Tenant's obligations under this Section shall 5 840272.2 11335.1 survive the expiration or other termination of this Lease. The Tenant shall have each of its agents, independent contractors, and any licensees, including the Atascadero BMX Association sign an agreement in favor of Landlord that obligates each of Tenant's agents, independent contractors, and any licensees, including the Atascadero BMX Association, to indemnify Landowner in accordance with the terms of this Lease Agreement and promptly provide Landlord with copies of such agreements. 5.2 Waiver and Release. Tenant, as a material part of the consideration to Landlord for this Lease, by this section waives and releases all claims against Landlord, its directors, officers, employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. ARTICLE 6 --END OF TERM 6.1 Surrender. Upon expiration or earlier termination of this Lease Agreement, Tenant shall surrender the Land to Landlord. Within sixty (60) days following the expiration or termination of this Lease, Tenant shall remove all of its equipment or trade fixtures constructed or installed pursuant to this Lease. Tenant will also restore the Land to its original condition as of the Commencement Date, reasonable wear and tear excepted. Tenant shall also restore the surface of the Land to its original contour as nearly as practicable. If within sixty (60) days after the expiration or termination of this Lease Tenant has not removed its Improvements or property and not restored the Land as required herein, Landlord may do so and Tenant shall reimburse Landlord for all expenses or costs for removal and restoration. Tenant's obligations under this Section shall survive the expiration or other termination of this Lease Agreement. ARTICLE 5 --MAINTENANCE; REQUIREMENTS OF LAW 7.1 Maintenance. Tenant shall at all times throughout the Term, at its sole cost and expense, maintain and repair the Land, the Improvements, and all trade fixtures and personal property of Tenant located thereon. 7.2 Compliance with Laws. For the purposes of this Section 7.2, "Applicable Laws" means all laws, statutes, ordinances and governmental rules, regulations, or requirements now in force or in force after the Commencement Date, the requirements of any board of fire underwriters or other similar body constituted now or after the Commencement Date, and any direction or permanent occupancy certificate issued pursuant to any law by any public officer or officers, as well as the provisions of all recorded documents affecting the Land. At its sole cost and expense, Tenant will promptly comply with Applicable Laws insofar as they relate to (a) Tenant's use, occupancy, or alteration of the Land; (b) the condition of the Land resulting from Tenant's use, occupancy, or alteration of the Land; or (c) alterations to the Land required as a result of Tenant's status under Applicable Laws. ARTICLE 8 --DEFAULT 8.1 Events of Default. The following events are referred to, collectively, as "Events of Default" or, individually, as an "Event of Default": (a) Tenant defaults in the due and punctual payment of Rent, and such default 6 840272.2 11335.1 continues for five (5) days after written notice from Landlord; however, Tenant will not be entitled to more than one written notice for monetary defaults during any twelve (12) -month period, and if after such written notice any Rent is not paid when due, an Event of Default will be considered to have occurred without further notice; (b) Tenant vacates or abandons the Premises; (c) This Lease or the Premises or any part of the Premises are taken upon execution or by other process of law directed against Tenant, or are taken upon or subject to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is not discharged or disposed of within fifteen (15) days after its levy; (d) Voluntary or involuntary proceedings under any bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or insolvency act of any state or for the dissolution of Tenant are instituted against Tenant, or a receiver or trustee is appointed for all or substantially all of the property of Tenant, and such proceeding is not dismissed or such receivership or trusteeship vacated within sixty (60) days after such institution or appointment; (e) Tenant purports to assign this Lease, or sublet all or a portion of the Premises, in violation of the terms hereof, (f) Any recordation in violation of Section 10.13 below; or, (g) Tenant breaches any of the other agreements, terms, covenants or conditions which this Lease requires Tenant to perform, and such breach continues for a period of ten (10) days after written notice from Landlord to Tenant or, if such breach cannot be cured reasonably within such ten (10) -day period, if Tenant fails to diligently commence to cure such breach within ten (10) days after written notice from Landlord and to complete such cure within a reasonable time thereafter. 8.2 Replacement of Statutory Notice Requirements. When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by California Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of notice in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Section 10.6 shall replace and satisfy the statutory service of notice procedures, including those required by California Code of Civil Procedure Section 1162 or any similar or successor statute. 8.3 Landlord's Remedies. If any one or more Events of Default set forth in Section 1 occurs then Landlord has the right, at its election: (a) To terminate this Lease, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated as if the expiration of the Term fixed in such notice were the end of the Term. If this Lease is terminated, Landlord will be entitled to recover from Tenant: (i) the unpaid rent that had been earned at the time of termination; (ii) the unpaid rent that had been earned at the date of the judgment awarding damages to Landlord (the "Date of Judgment"); (iii) the unpaid rent for the balance of the Term of this Lease after the Date 7 840272.2 11335.1 of Judgment; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result from that failure. The amount referred to in clauses (i) and (ii) is computed by allowing interest at the highest rate permitted by law. The amount referred to in clause (iii) is computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award. (b) To reenter and take possession of the Premises, expel Tenant and remove the effects of Tenant, using such force for such purposes as may be necessary, without being liable for prosecution, and without prejudice to any remedies for arrears of Annual Rent or other amounts payable under this Lease. Landlord shall have the remedy described in California Civil Code Section 1951.4, which provides that, when a Tenant has the right to sublet or assign (subject only to reasonably limitations), the Landlord may continue the Lease in effect after the Tenant's breech and abandonment, and recover rent as it becomes due. Accordingly, if Landlord does not elect to terminate this Lease Agreement on account of any default by Tenant, Landlord may enforce all of Landlord's rights and remedies under this Lease, including the right to recover all rent as it becomes due. (c) To cure any event of default and to charge Tenant for the cost of effecting such cure, including without limitation reasonable attorneys' fees and interest provided that Landlord will have no obligation to cure any such event of default of Tenant. 8.4 Remedies Cumulative. Landlord's rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein or now or hereafter existing at law or in equity by statute or otherwise, including, but not limited to injunctive relief, specific performance and damages. The exercise or beginning of exercise by Landlord of any one or more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise, shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive. ARTICLE 9—RESERVED ARTICLE 10—GENERAL 10.1 Quiet Enjoyment. As long as Tenant performs all covenants and obligations contained in this Lease, Landlord warrants quiet enjoyment of the Land by Tenant; provided that Landlord, its agents or representatives, and any other person authorized by Landlord, may enter upon the Land for the purpose of inspecting the Land and to exhibit the Land to prospective purchasers or lenders. Any entry onto or inspection of the Land shall not constitute eviction of Tenant in whole or in part. 10.2 Condemnation. In the event of a condemnation or other taking by any governmental agency of all or a portion of the Land necessary for Tenant's operation of its business thereon, this Lease will terminate on the condemning authority takes possession of the Land. Any such condemnation award shall be paid to Landlord, except that Tenant will have the 8 840272.2 11335.1 right to assert a separate claim for moving expenses, business interruption, and leasehold improvements paid for by Tenant. 10.3 Liens. Tenant will keep the Land free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under Tenant. 10.4 Assignment and Subletting. Tenant may grant a license to Atascadero BMX Association or a successor in interest for the purpose of constructing a bicycle motocross sports track and related facilities and the management, supervision, and scheduling of events on Land. Except as stated above, Tenant shall not assign or sublet its interest in this Lease or the Land without the prior written approval of Landlord, which approval may be withheld in Landlord's sole and absolute discretion. This Lease shall otherwise inure to the benefit of and be binding upon the successors and assigns of the parties. 10.5 Limitation on Liability. Tenant specifically agrees to look solely to Landlord's interest in the Land for the recovery of any judgments from Landlord. It is agreed that Landlord (and its officers, directors and employees) will not be personally liable for any such judgments. The provisions contained in the preceding sentences are not intended to, and will not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord. 10.6 Notices. All notices and other communications required or permitted under this Lease shall be in writing and shall be given (a) by United States first class mail, postage prepaid, registered or certified, return receipt requested; (b) by hand delivery (including by means of a professional messenger service); or (c) by delivery from a nationally recognized overnight delivery service that routinely issues receipts, which notice shall be addressed to the party to whom such notice is being given, at their address set forth in Section 1.1 above. Any such notice or other communication shall be deemed to be effective when actually received or rejected. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 10.7 Inspection. Landlord reserves the right to enter, at any time, the Land to inspect the same. 10.9 No Waiver. The waiver by either Landlord or Tenant of any agreement, condition, or provision contained in this Lease will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or provision contained in this Lease. 10.10 Authority. Tenant and the party executing this Lease on behalf of Tenant represent to Landlord that such party is authorized to do so by requisite action of the board of directors, or City Council, as the case may be, and agree, upon request, to deliver to Landlord a resolution or similar document to that effect. 10.11 Governing Law. This Lease shall be governed by and construed pursuant to the laws of the State of California. 10.12 Captions. The captions of the various Articles and Sections of this Lease are for convenience only and do not necessarily define, limit, describe or construe the contents of such 9 840272.2 11335.1 Articles or Sections. 10.13 Recordation. Tenant shall not record this Lease in the public records without the prior written consent of Landlord. 10.14 Severabilitv. If any provision of this Lease proves to be illegal, invalid or unenforceable, the remainder of this Lease shall not be affected by such finding, and in lieu of each provision of this Lease that is illegal, invalid or unenforceable, a provision will be added as a part of this Lease as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 10.15 Entire Agreement; Amendment. This Lease contains the entire agreement between Landlord and Tenant. No amendment, alteration, modification of, or addition to the Lease will be valid or binding unless expressed in writing and signed by Landlord and Tenant. 10.16 Attorney's Fees -If any action is instituted by either parry to this Lease Agreement to enforce any of the terms of this Lease or the License Agreement, the prevailing party shall be entitled to receive from Tenant its reasonable attorneys' fees, expert witness fees, costs, and expenses. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. _._IID_•►_D Atascadero Mutual Water Company, a mutual water company By_ Name Title 10 840272.2 11335.1 City of Atascadero, a general law city By Name Title LICENSE AGREEMENT 1. Identification of Parties. This License Agreement is entered into on _January , 2008 by and between the City of Atascadero, a general law city of the State of California, hereafter referred to as "City" and Atascadero BMX a not-for-profit corporation formed pursuant to the laws of the State of California, hereafter referred to as "Licensee." 2. Description of Property. City has a leasehold interest in certain real property situated in the City of Atascadero, County of San Luis Obispo, California (hereafter referred to as "the Land"), and more particularly described as follows: 6575 Sycamore Road, Atascadero, California, which is more particularly described in Exhibit A, which is attached to this Agreement and hereby incorporated by reference. 3. Grant of License. In consideration of the sum of ONE DOLLAR ($1), City grants to Licensee a license (hereafter referred to as "the License") to perform the following acts on the Land: to utilize the Land for the construction of a bicycle motor -cross sports track and related facilities and the management, supervision, and scheduling of events on same (hereinafter referred to as "Permitted Use"). Licensee may not use the Land for any other purpose or business without the obtaining City's prior written consent. 4. City's Reiulation of Permitted Use. Subject to all present and future rules adopted by the City, the Land shall be used for the purpose of constructing, operating and maintaining an outdoor bicycle racing facility in accordance with plans submitted to and approved by the City. A copy of the plans are attached hereto and marked as Exhibit and incorporated by reference (hereinafter referred to as "Plans"). Any proposed changes to said Plans must be approved by City in writing. Licensee shall have non-exclusive rights of ingress and egress to and from the Land across, over, and through all pubic areas near or adjacent to the Land for Licensee's employees, agents, guests and patrons. Licensee shall submit to the Parks Department of the City a schedule of events for the year prior to April 1 of each year commencing on April 1, 2008. The Land shall be available to the general public during all non-scheduled periods. Licensee may, on race days, collect fees for scheduled events to cover expenses of staging the racing event. A maintenance fund will be established by the Licensee to be used for future improvement of the track area. An annual statement of receipts and expenditures shall be submitted to the Parks Department of the City on or before April 1, of each year commencing on April 1, 2008. At the expiration of the Agreement all permanent improvements shall become property of the City. City shall have the power and authority to impose reasonable conditions and requirements relative to the management and operation of said Land as in City's judgment may appear to be for the best interests of the public and the City of 1 825542.2 11335.1 Atascadero, but which will not unreasonably interfere with Licensee's use and enjoyment of said Land. Notice of all decisions and regulations by City shall be given as hereinafter provided. 5. Interest Acquired. The Licensee shall acquire no proprietary ownership, possessory or other rights, except as specifically given herein. This License is personal to the Licensee and shall not be assigned without prior written approval of the Council. The Licensee shall give the Council at least ninety (90) days notice in writing of the intention to assign. If assignment is made without said notice and approval, the Council, in addition to any remedies for breach hereof, may hold the Licensee responsible for all things done, fees to be paid, and documents to be filed under the terms hereof. 6. Term. The License Agreement shall be for a term of three (3) years, commencing on --January—l_, 2008. This term may be extended for two (2) addition years upon the mutual agreement of the parties, subject to any changes to the terms and conditions of this License Agreement 7. Termination of Occupancy. Either party after the first year (or within ninety (90) days prior to the end of the first year) may terminate this Licensing Agreement by giving the other party ninety (90) days written notice. Notice of termination shall be sent by certified mail, return receipt requested, addressed as follows: City Director of Community Services 6907 El Camino Real Atascadero, California 93422 TAoPn,zPP Atascadero BMX 2875 Ferrocarril Road Atascadero, CA 93422 After receipt of a notice of termination from City, Licensee, on or before the effective date of termination specified in that notice shall remove all of Licensee's personal property from the Land and shall surrender possession of the Land to City in good order and repair to the satisfaction of City, normal wear and tear excepted. 8. Conditions. The License given herein above is subject to the following conditions, and violations of any of said conditions shall be cause for immediate termination of the License Agreement, notwithstanding any notice provisions contained elsewhere hereinabove. The Licensee shall perform as follows: 1. Provide twenty-four (24) hour per day coverage in a liability insurance policy, which policy shall name 2 825542.2 11335.1 the Atascadero Mutual Water Company, its Board, and all officers, agents, and employees, as property owner, and the City of Atascadero, its Council, and all officers, agents, and employees of either as additional named insureds. The City shall be provided with a duplicate policy and no cancellation of same shall be effective without at least thirty (30) days prior written notice to the City. Said policy limits shall be in accordance with Paragraph 9, below. 2. Provide additional liability insurance coverage in the amount of ONE MILLION DOLLARS ($1,000,000) in accordance with the provision of "1" above on all race dates. 3. Should any policy not be filed within fifteen (15) days prior to a scheduled event or should any policy be cancelled, no event shall be held and all operations shall immediately cease. The Licensee shall have fifteen (15) days in which to cure the lack of filing or the cancellation, and if it fails to do so within said time, these conditions will have been breached. 4. Design (as approved by the City) and construct the course property, excavate and grade the site, and obtain all permits to do the same. 5. Maintain the track and accessory facilities in a lawful and safe manner. 6. Provide, install and maintain in good repair, fencing around the entire perimeter of the track proper, subject to the specifications of the City. 7. Provide and maintain portable restrooms during the time of scheduled events. 8. Provide refuse pickup during and after scheduled events and practice sessions. 9. Provide and maintain in good repair, an announcer's stand, if deemed desirable, subject to the specifications of the City. Any Graffiti or other 3 825542.2 11335.1 vandalism to the building must be removed or repair within 48 hours. 10. Supervise and schedule the usage of the track and accessory facilities; however, the track shall be may be open to any and all persons during the times the Licensee has not scheduled events or practice sessions in conjunction therewith under the jurisdiction of the City, and while the park is open to the public, and during the hours of operation set forth in Exhibit B attached herewith. 11. Operate food and beverage concession at which the only non -consumable items that may be sold are track T-shirts and hats, gearbags, etc.; provided, all necessary permits and licenses shall be obtained from the City. 12. Refuse to discriminate upon the basis of race, sex, creed, national origin, religion, marital status, age, and physical condition against any person desiring admission to said facility or to membership in Licensee's organization; however, during scheduled events and practice sessions, Licensee may restrict admission to members and guests, and others having paid any admission entry fee for said scheduled event. 13. Upon termination of the Agreement, or any renewal thereof, the site is to be restored to equal original condition and all improvements shall revert to the Licensee. 14. If necessary, extend existing well water service to a location adjacent to BMX track and pay all costs associated with same. 15. Install electrical service to BMX area and pay all costs associated with same. 16. Licensee shall pay all charges for utility services for the Land. 9. Indemnity. Licensee, as a material part of the consideration to be rendered to City under this Agreement, waives all claims against Licensor for damages to all personal property in, on, or about the Property, and for injuries to persons on or about the M 825542.2 11335.1 Property, from any cause arising at any time. In addition and except for the sole negligence of the City, Licensee shall defend, indemnify and keep and hold City, including City's officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Licensee, sustained in, or about the demised Premises or arising out of Licensee's use or occupancy thereof, as a proximate result of the acts or omissions of Lessee, its employees and agents, or its contractors, licensees, invites or subtenants, their successors and assigns or arising out of the condition of the property. City shall, by appropriate written notice to Licensee, advise Licensee as soon as practicable regarding any potential liability of Licensee under this Section. Further, Licensee agrees to hold Atascadero Mutual Water Company exempt and harmless for and on account of any damage or injury to any person or personal property of any person, arising from (a) Licensee's use of the demised Premises, or (b) Licensee's failure to keep the Land and surrounding areas clean and in good condition. City, nor the Atascadero Mutual Water Company, shall not be liable to Licensee for any damage by or from any act or negligence of any other occupant of the demised Premises or any occupant of adjoining or continuous property. Licensee agrees to pay for all damages to the demised Premises, as well as all damage to occupants of the Land and to the property of those occupants caused by Licensee's misuse or neglect of the demised Premises. 10. Insurance. Licensee further agrees to maintain in full force during the term of this License, at Licensee's own expense, a commercial General Liability Insurance using Insurance Service Office "Commercial General Liability" policy form CG 00 01 with an edition date prior to 2004, or the exact equivalent with limits of no less than TWO MILLION DOLLARS ($2,000,000) per occurrence for all covered losses and FOUR MILLION DOLLARS ($4,000,000) general aggregate. Policy. The policy shall insure City, the Atascadero Mutual Water Company and Licensee against liability for injury to persons, damage to property, and death of any person occurring in or about the demised Premises. The policy shall be approved as to form and content by City. Licensee shall provide City with a copy of the policy, including an endorsement that states that the policy will not be cancelled except after 30 days' prior written notice to City. Licensee agrees to obtain endorsements for third party general liability coverage required here to include as additional insured City and Atascadero Mutual Water Company, their officials, employees, and agents. Licensee also agrees to require this same provision of all subcontractors, joint ventures, or other parties engaged by or in behalf of Licensee in relation to this Agreement. 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 5 825542.2 11335.1 12. Entire Agreement. This License Agreement constitutes the entire agreement between City and Licensee relating to the License. Any prior agreement, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Licensor and City. Executed on January , 2008. Licensee: City/Licensor: Atascadero BMX City of Atascadero, California LOW President Attest: Attest: Secretary Date: Date: Approved as to form: City Attorney 0 825542.2 11335.1 Secretary ITEM NUMBER: C - 1 (A) DATE: 11/15/07 Atascadero Parks and Recreation Commission Staff Report - Community Services & Public Works Paloma Creek Park Playground Project Site Design RECOMMENDATION: Commission review and recommend approval of the project. DISCUSSION: Background: Paloma Creek Park is a public park on the south end of Atascadero. The park has soccer fields, a little league field, two lighted softball fields and a group picnic area. Some of the daily user groups are Atascadero Children's Center, CALL Program, area neighbors such as Bordeaux House Apartments, Atascadero Youth Soccer, Atascadero Little League, North County Christian School baseball and softball teams, as well as the City's t -ball league and adult softball program. Paloma Creek Park's playground was highly used by many of the different user groups at the park, but it was completely removed over a year ago due to outdated equipment and safety issues. With no playground, the park offers no other structured play for children while at the park. In this fiscal year there was funding provided to replace the playground area at Paloma Creek Park. The previous playground location was a dangerous one, as it was in the foul ball area next to the softball fields. The area adjacent to the playground provided a barren area with various options to relocate the playground. The services of CJP Productions Inc. were retained to create a Site Design for the entire area (see attachment A). This gives the park a plan for this area, future uses, and a safer playground location. Analysis: There were over 300 public meeting announcements mailed to receive the public's input on the Site Design for the park. Invited to the public meeting were the previously mentioned user groups, as well as the public at large. Two representatives from North County Christian Schools as well as a neighbor who lives across from the park attended the meeting. Both parties supported the Site Design presented. Eight of the user groups who were not present were sent a copy of the Site Design, along with a request for input on the Site Design. This request resulted in no input from the other user groups, which can be assumed they have no issues with the design. Some future uses proposed for the Site Design were: • Basketball courts • Group BBQ area • Small BBQ areas • Batting cages • Bullpen • Water play feature • Native plant beds • 5-12 year old play equipment • 3-5 year old play equipment • Swings Some future uses proposed but not recommended for the site were: • Horseshoes • Volleyball court • Educational amphitheater The current Site Design takes into consideration the need to move the playground to a safer area in the park, the need for outdoor basketball courts, the need to replace the existing deteriorating group barbeque area, as well as including some user group requests for items such as batting cages and a bullpen. Conclusion: Staff recommends that the Parks and Recreation Commission approve the proposed Site Plan for the Paloma Creek Park Playground area. FISCAL IMPACT: Expenditure of $225,000 in previously allocated funds for the replacement of the Paloma Creek Park playground structure, if authorized by the City Council. ATTACHMENTS: A — Aerial photo of Site Design area B — Aerial photo of Paloma Creek Park C — Site Design Plan t3 CONCESS: BLDG. SYMBOL LEGEND CIRCULATION LINK - MAJOR CIRCULATION LINK CIRCULATION LINK - MINOR ACTIVITY AREA SPACE CREATION & SCREENING ELEMENT, (MOUNDS w/ TREES) FOCAL POINT & ACTIVITY NODE EXISTING SOIL MOUND O O EXISTING SOCCER FIELD EXSTG. TREE Qry EXISTING SOCCER FIELD Lel EXISTING BASES FIELD 0 1/2 BOB. COURT future ED. ARI 1,450 s.f. PLAY '� l AREA 825 s.f.'/ r PLAY AREA PICNIC AREA 3,987 s.f. 5,420 s.f. BULLPEN MAINTO YARD FULL B.B. � couxT future AREA EXSTG. MEMORIAL & FLAGPOLE EXISTING BASEBALL FIELD r� i SCHEMATIC co TRAS co ON c Q a co ESIGN PLAN z 0 zQ z U Q , W W J G��jEC b Wim; WRQ Z j � JX O w � zQ z Q , J Wim; WRQ c� z — J�Q W W DATE. 11 SIILET NCS) ITEM NUMBER: C - 1 (B) DATE: 11/15/07 Atascadero Parks and Recreation Commission Staff Report - Community Services & Public Works Appointment of Paloma Creek Park Playground Equipment Selection Sub -Committee Member RECOMMENDATION: Chairperson select a Commissioner to serve on the Paloma Creek Park Playground Equipment Selection Sub -Committee. DISCUSSION: Background: The City is moving forward with a Capital Improvement Project to replace the Paloma Creek Park playground. There has been a public meeting on the Site Design for the playground area. Review by a sub -committee to decide the specific playground equipment is the next step in the process. The sub -committee will review various RFPs from playground companies, and forward their recommendation of equipment to the Parks and Recreation Commission. Sub -Committee Members: • CALL Program representative • Preschool / Day care facility representative • Neighborhood representative • EI Bordo representative • Parks Staff employee • Parks and Recreation Commission member • Community Services Department rep ITEM NUMBER: C - 2 DATE: 11/15/07 Atascadero Parks and Recreation Commission Staff Report — Public Works Department Santa Rosa Road/Atascadero Lake Park Pedestrian Bridge Replacement Project RECOMMENDATION: Commission receive report on Santa Rosa Road/Atascadero Lake Park Pedestrian Bridge Replacement Project and recommend using a prefabricated steel bridge to replace the existing bridge. DISCUSSION: Background: The Santa Rosa Road/Atascadero Lake Park Pedestrian Bridge (Pedestrian Bridge) needs to be replaced. The bridge beams are decaying which is causing the bridge decking to deform and come loose. In response, City staff closed half of the bridge and constructed temporary supports under the bridge. The 2007/2009 Budget includes $75,000.00 to replace the bridge. The existing bridge is shown in Figures 1 and 2. The bridge beams consist of creosote treated telephone poles. Pictures of the decay are included in Figure 3. Staff suspects that this decay was discovered sometime in the past since a center support column was constructed. Figure 1 - Existing Bridge Conditions Figure 2 - Existing Dry Rot ITEM NUMBER: C - 2 DATE: 11/15/07 Figure 3 - Center Support Column The center support column will be removed as part of this project. This column will not be needed because the new bridge will be self supporting. Staff chose a self supporting bridge in order to eliminate any impacts that construction of a new column would have on the creek. City staff has retained a consultant to evaluate bridge replacement options and to design the recommended replacement. Staff directed the consultant to consider the design recommendations contained in the draft Guidelines with a special eye towards reducing maintenance. The attached report from the Eikhof Design Group provides several bridge replacement alternatives, including both off the shelf and custom made bridges. The off the shelf bridges consist of fiberglass, steel, aluminum and wood construction. The custom designed bridge would be constructed of wood. The report also evaluates construction time and replacement costs. Analysis: Staff is recommending that a steel bridge design be chosen since it satisfies most of the design recommendations contained in the Draft Atascadero Lake Park Design Guideline Report. The draft Guidelines that are satisfied include natural material colors, little of no maintenance, exceeds the load bearing requirements and includes side panels and hand rails. In addition, staff is recommending a concrete deck in lieu of wood decking. This would provide a trip free surface and virtually eliminate all bridge maintenance. The concrete would be colored to provide a more natural color. The steel bridge will develop a reddish brown rust patina in about six months. This will eliminate the need for bridge painting. The steel will also virtually last forever, since the rust will only occur on the surface of the steel. This was a major consideration since even pressure treated wood eventually decays. If desired, a rot resistant wood deck could be installed in lieu of a smooth concrete deck. However, staff recommends against wood decking since it would be subject to deterioration and increased maintenance. A steel bridge also satisfies the load bearing limit since horses and "gator" or "mule" motorized vehicles could use the bridge. Construction time for a steel bridge is estimated at 1 month. Staff will do its best to minimize these impacts by constructing the improvements in the late winter when use is lower and notice the public of the construction. Alternatives: Staff's consultant has also recommended a pre -constructed wood bridge. Like a steel bridge, a pre -constructed wood bridge would last a long time. A pre - constructed wood bridge meets all the same requirements as the steel bridge, yet has several drawbacks. The pre -constructed wood bridge would not last as long as the steel bridge, the treated lumber is a hazardous material and would be costly to dispose of and the wood decking would have to be replaced periodically. For these reasons, staff is recommending the steel bridge. Staff is not considering the other bridge options since they do not meet the draft Guideline recommendations. FISCAL IMPACT: $75,000 is included in the 2007/2009 Budget to replace the existing pedestrian bridge. This is sufficient funding to design and construct the project. ATTACHMENTS: A. Santa Rosa Bridge Replacement Options, Eikhof Design Group OPikhof osign roup 5130 San Jacinto Avenue • Atascadero, CA 93422 • Phone: 805-461-3190 • Fax: 805-461-3190 October 10, 2007 David Athey City of Atascadero 6975 EI Camino Real Atascadero, CA 93422 RE: SANTA ROSA BRIDGE REPLACEMENT RECOMMENDATIONS Dear David: Eikhof Design Group has evaluated the existing Santa Rosa Pedestrian Bridge at the Lake Park, and several replacement possibilities. The existing bridge is structurally deficient, and does not meet current design or ADA requirements. The attached report explores the various design options and their associated costs. Several different materials are represented in the report to give the City an idea of cost for the various bridge types. If you have any questions regarding the attached report or the recommendations, please call me at 769- 6439. Respectfully, WAW15A ��=111'1101`011 i Jeff van den Eikhof, PE President Opikhof esign kroup 5130 San Jacinto Avenue • Atascadero, CA 93422 • Phone: 805-461-3190 • Fax: 805-461-3190 SANTA ROSA / LAKE PARK PEDESTRIAN BRIDGE REPLACEMENT EXISTING BRIDGE EVALUATION Bridge Upon the request of the City of Atascadero, Eikhof Design Group evaluated the existing pedestrian bridge adjacent to Santa Rosa Road at the Lake Park. The existing wood bridge is 10 -feet wide and 32 - feet long (See Photo 1). The bridge is constructed of 14" diameter timbers and 3x12 decking. The bridge timbers have severe dry rot (See Photo 2), and are being supported by posts put in place by City staff. The center support on the northerly side of the bride is a 24" corrugated metal pipe that is 7 -feet tall and filled with concrete (See Photo 3). Approximately half of the bridge width has been blocked to pedestrian access due to the unsafe nature of the bridge. Considerable deflection occurs during pedestrian loading of the bridge, creating an unstable feeling for pedestrians. Visual observation shows approximately 2" of deck deflection while a single jogger crosses the bridge. Several of the bridge deck planks have been replaced with pressure treated boards. Additionally, tripping hazards exist on the bridge deck. The differential elevation between several boards approaches 3/4". Additionally, an outlet pipe from a well that is used to fill the lake is suspended from the bridge. When the pipe flows it empties under the bridge and it is undermining the northerly center support (See Photo 4). Abutments The existing abutments are constructed of 16" wide x 12" deep x 8" high concrete masonry blocks that appear to be filled with concrete. The bridge timbers rest directly on the block in knock out areas (See Photo 5). From preliminary evaluations, the footing appears to be 8" thick by 24" deep by 10 -feet wide. The footing rests directly on 1-1/2" rock, which is undermining in some locations since it is located above the scour line of the blue -line creek. Page 1 Photo 3 — Center support on northerly side Photo 4 — Outlet for Lake fill well ME Photo 5 — Bridge Abutment Page 3 DESIGN CRITERIA Upon evaluation of the bridge and abutments, it was determined that the bridge and the abutments would need to be replaced. The abutments were starting to be undermined, and the footings are well above the creek scour line. After consultation with the City of Atascadero, it was determined that the best solution for the abutments was to leave the existing abutments in place and construct new abutments outside the existing ones. This would allow construction without additional permitting for working within a blueline creek. Construction of new abutments at the top of the bank requires an increased bridge length. The bridge prices originally requested from the bridge manufacturers were based upon a 32 -foot length. Therefore, an adjustment factor of 1.25x was added to the prices to estimate the increased length costs. Additionally, the new abutment will raise the bridge above the existing abutments, and the pathway will need to be regraded to meet ADA requirements. BRIDGE OPTIONS Eikhof Design Group has evaluated four different types of bridges, and a custom engineered wood bridge. All of the different types of bridges come in a variety of design styles. Costs for each bridge varies based upon the bridge style chosen. All of the bridges would require the construction of new abutments. The four different types of bridges evaluated are as follows: • Premanufactured Steel bridge • Premanufactured Aluminum bridge • Premanufactured Wood bridge • Premanufactured Fiberglass bridge • Custom engineered Wood bridge, constructed on site Page 4 Premanufactured Steel Bridge A Premanufactured steel bridge is delivered to the construction site ready to install on preconstructed abutments. Installation requires a crane on the site and several workers to adjust and secure bridge to abutments. The bridge evaluated comes with 2x8 ironwood decking already installed. Example of Steel Bridge Page 5 Premanufactured Aluminum Bridge A premanufactured aluminum bridge is delivered to the construction site ready to install on preconstructed abutments. Installation requires a crane on the site and several workers to adjust and secure the bridge to the abutments. The bridge comes with pressure treated wood decking. r � , 6 ti Example of Aluminum Bridge Page 6 Premanufactured Wood Bridge A premanufactured wood bridge is shipped to the site unassembled. All of the wood parts have been pre-cut and pre -drilled. All the wood is pressure treated following manufacture to insure a well treated bridge. Bridge assembly requires a forklift or other type of equipment to offload and add in assembly. The bridge decking is pressure treated wood. Example of Wood Bridge Page 7 1. �Y 9 Example of Wood Bridge Page 7 Premanufactured Fiberglass Bridge A premanufactured fiberglass bridge is shipped to the site unassembled. Due to the type of materials used, no piece weighs more than 90 pounds, so no additional equipment is required for assembly. The bridge comes with 3x12 pressure treated southern yellow pine decking. 3wa:'t Example of Fiberglass Bridge Page 8 Custom Engineered Wood Bridge Eikhof Design Group would provide plans and specifications for the custom engineered wood bridge. City crews or a contractor would construct the bridge on site. Materials for a custom wood bridge could be purchased locally. This type of construction would require the most man-hours and disrupt pedestrian access for the longest time. A photograph is not included. The bridge would be similar to the wood bridge shown previously. The following table shows the pros and cons of the various bridge types. Page 9 BRIDGE OPTION EVALUATION TABLE Bridge Type Pros Cons Approx. Approx. Total Costs, Construction Time Bridge including Costs* abutments and path Premanufactured Bridge arrives on the site ready to install. Customization adds additional costs. Additional 1 day to install bridge + $39,000 $51,000 Steel Less man-hours required to complete the weight of steel bridge requires bigger foundation. 10 days for abutments work. Less time required for pedestrian Crane required for installation. and ramps = 11 working detour. Virtually no maintenance required days for weathered steel. Engineering costs built into price Premanufactured Same as Premanufactured steel. Lightweight Much higher material costs. Materials will not 1 day to install bridge + $62,000 $75,000 Aluminum materials require smaller foundation. blend in as easily as weathered steel or wood. 10 days for abutments Engineering costs built into price Crane required for installation. and ramps = 11 working days Premanufactured Materials are similar to those currently in Bridge is delivered unassembled. Customization 2 day to install bridge + $27,000 $42,000 Wood place, so it will blend in easily. Engineering adds additional costs. Materials heavier than 10 days for abutments costs built into price. Fully pressure treated aluminum, but lighter than steel. Extendable and ramps = 12 working after assembly. Easy to Assemble. forklift required for installation. days Premanufactured Very light materials. Easily assembled on site Bridge is delivered unassembled. Materials 2 day to install bridge + $30,000 $41,000 Fiberglass without equipment. Engineering Costs built would not blend as well with natural 10 days for abutments into price. environment as wood or weathered steel. and ramps = 12 working days Custom Designed Bridge is designed to City's specifications. More man-hours required for construction. 8 day to install bridge + $15,000 for $40,000 Wood Bridge Materials would be similar to those already in Engineering costs are additional. Materials are 10 days for abutments materials and place. Materials could be purchased locally. not pressure treated after assembly. More time and ramps = 18 working engineering required for pedestrian detour. days Page 10 Design Recommendations Based upon the information gathered during research for this project, Eikhof Design Group determined that there were two bridges that should be recommended for consideration. They are as follows: 1. Premanufactured Wood Bridge. This type of bridge most closely matches what currently exists on the site. The bridge will easily blend into the natural environment around the bridge. Due to its post -assembly pressure treatment, the bridge will be far superior to a bridge constructed on site. This bridge would match closely the new bridges constructed on the Atascadero Creek trail across Morro Road from the Lake Park. The bridge beck would require maintenance as the members deteriorated. This type of bridge is one of the least expensive of those evaluated. 2. Premanufactured Steel Bridge. This type of bridge will provide the least amount of disruption to the pedestrian path, since it arrives on site completely assembled. A steel bridge will also outlast most other types of bridges. The weathered steel will blend in well with the natural environment. The bridge was priced with a wood deck, which would require the same maintenance requirements as the wood bridge. However, a poured concrete deck could be installed, which would increase costs but further reduce any future maintenance of the bridge. Additional Recommendations Eikhof Design Group recommends narrowing the bridge to 6 feet wide. This width would provide good pedestrian use, but would restrict vehicular travel. The bridges in this report were designed as 10 feet to provide for park vehicle access. By decreasing the width of the bridge, the costs should decrease substantially. Park vehicles do not currently cross the existing bridge, and providing this type of access seems unwarranted at this location. Page 11 ITEM NUMBER: C - 3 DATE: 11/15/07 Atascadero Parks and Recreation Commission Staff Report — Community Services Atascadero Parks and Recreation Commission Tentative 2008 Work Plan RECOMMENDATION: Commission review and comment on the Calendar of agenda items and projects within its jurisdiction for possible consideration and action in 2008. DISCUSSION: Background: Staff is requesting that the Parks and Recreation Commission review and provide input and comment on a tentative calendar of projects and topics within the Commission's jurisdiction for consideration and possible action in the upcoming calendar year. Attached is a list of potential projects and topics developed by Community Services and Public Works staff for the Commission's consideration. Please review and provide input on the list. The confirmed list will be discussed with the City Council at the next Joint Parks and Recreation Commission meeting to take place in early 2008. Please keep in mind that many Parks and Recreation agenda items come forward during the course of the year. All future items cannot be anticipated at this time. Some of these types of items are generated by staff or the public as issues may arise. Examples of such Commission agenda items that have come from the community include the RCD Atascadero Creek Enhancement and Trail Project and the Veteran's Memorial Project. Both of these items were community generated projects and consumed a considerable amount of staff and Commission time. It should be anticipated that there will be similar items that are not currently planned that may arise. Conclusion: Staff recommends that the Parks and Recreation Commission review and comment on the planned Commission projects and topics for possible consideration and action in 2008 ATTACHMENTS: Attachment #1: Projects and Topics 2008 Tentative Calendar City of Atascadero 2008 Parks and Recreation Commission Work Plan POTENTIAL TOPICS AND PROJECTS January- June 2008 (First Six Months): 1. Alvord Field/Babe Ruth renovations design plans 2. ALP Veterans Memorial Landscape Design and Maintenance Agreement 3. RCD Trail project Status Report 4. Stadium Park Master Plan Completion 5. Atascadero Magazine Advertisement Policies 6. Paloma Creek Park Playground Structure Selection 7. RCD Atascadero Creek Status Report 8. Consideration of BMX Track at Colony Park: Precise Plan and Negative Declaration, Ops. Agreement 9. Consideration of Concessionaire Request to place a Paddle Wheeler vessel at Atascadero Lake 10. Colony Park Community Center Program Review July -December (Second Half): 11. Parks and Recreation Master Plan 12. Atascadero Lake Water Quality Improvement program 13. Paloma Creek Park lighting, access and parking improvements design. 14. Atascadero Lake Park Ranger House future use options. 15. Charles Paddock Zoo Infrastructure improvement projects design. 16. Annual Parks and Facilities Tour 17. Stadium Park Planning Status Report 18. Charles Paddock Zoo Accreditation process - 2009 19. ALP Infrastructure improvement projects design.