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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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CONCESS:
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SYMBOL LEGEND
CIRCULATION
LINK - MAJOR
CIRCULATION
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CIRCULATION
LINK - MINOR
ACTIVITY
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SPACE CREATION
& SCREENING ELEMENT,
(MOUNDS w/ TREES)
FOCAL POINT &
ACTIVITY NODE
EXISTING SOIL
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3,987 s.f.
5,420 s.f.
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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.