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HomeMy WebLinkAboutPRC_2008-01-17_AgendaPacketCITY OF A TA SCA DERO PA RKS AND RECREA TION COMMISSION AGENDA Thursday, January 17, 2008 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: OATH OF OFFICE: 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 1. Administration of Oath of Office - Newly appointed Commissioner Julie Dunn will be sworn in by City Clerk, Marcia McClure Torgerson. 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.) 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.) 1. Parks and Recreation Commission Minutes - October 18, 2007 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Minutes of the October 18, 2007 meeting. [Community Services] B. MANAGEMENT REPORTS: 1. Snack Bar/Restroom Proaosal / Alvord Field by Atascadero Lake (Atascadero Babe Ruth Baseball League) ■ Fiscal Impact: $150,000 in budgeted City funds. ■ Recommendation: Commission review and comment on the proposed project concept and recommend approval of the preparation and submittal of construction documents to the City for a building permit. [Community Services] 2. Veteran's Memorial Project / Maintenance Agreement ■ Fiscal Impact: All expenses related to the installation of the Veteran's Memorial will be the responsibility of the Veteran's Memorial Committee. City of Atascadero obligations for maintenance and upkeep of the proposed project will be approximately $2,000 — $2,500 annually. ■ Recommendation: Commission review and make recommendations on the Draft Maintenance Agreement with the Veteran's Memorial Committee. [Community Services] 3. Atascadero Trail Proiect ■ Fiscal Impact: The design and construction of this project could cost the City an estimated additional $200,000.00. ■ Recommendation: Commission provide direction to staff on the acceptance of the Atascadero Trail Project Grant. [Public Works] 4. Memorial Tree Placement Reauest / Atascadero Lake Park Memorial Grove (Stettler) ■ Fiscal Impact: None. ■ Recommendation: Commission recommend approval to the City Council of a request by John & Muriel Stettler to dedicate a Western Redbud tree to be planted at Atascadero Lake Park Memorial Grove site #1 in memory of Maxwell Kramer Niederhauser. [Community Services] 5. Georae Beatie Skate Park Lease Aareement with Austin Miller. DBA Esteem ■ Fiscal Impact: A minimum annual subsidy of approximately $50,000 to benefit the City. ■ Recommendation: Commission review and comment on the partnership and the Lease Agreement between the City of Atascadero and Austin Miller, DBA Esteem to take over operation of the George Beatie Skate Park. [Community Services] C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. Atascadero Youth Task Force - Next meeting 02/05/08 at Atascadero Junior High School D. STAFF COMMENTS/ ANNOUNCEMENTS: 1. Mark Your Calendar ■ 1/7/08 - Spring Classes Begin ■ 2/23/08 - SLOCAPRA 2008 Parks and Recreation Commissioners Workshop (Hearst Castle Visitors Center) 2. Colony Park Community Center Update 3. Parks Project Update E. ADJOURNMENT: THE NEXT PARKS AND RECREATION COMMISSION MEETING MAY BE TENTATIVELY SCHEDULED FOR FEBRUARY 21, 2008, AT 7:00 P.M. I, Shannon Sims, Administrative Assistant of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 17, 2008 Regular Session of the Atascadero Parks and Recreation Commission was posted on Monday, January 14, 2008 at Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 14th day of January, 2008 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: A - 1 DATE: 01/17/2008 CITY OF A TA SCA DERO PARKS AND RECREA TION COMMISSION DRAFT MINUTES Thursday, October 18, 2007 - 7:00 P.M. Regular Meeting REGULAR SESSION: 7:00 P.M. Vice Chairperson Butz called the meeting to order at 7:05 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Chacon, Istenes, Marks, Mathews and Vice Chairperson Butz Student Representatives Buck -Moyer and Carden Absent: Commissioner Hatch (excused absence) Chairperson Sechrist (excused absence) Staff Present: Community Services Director Brady Cherry, Deputy Public Works Director — Operations Geoff English, Administrative Services Director Rachelle Rickard, Recreation Supervisor Jennifer Fanning and Administrative Assistant Shannon Sims. COMMUNITY FORUM — None. PRC Draft Minutes 10/18/07 Page 1 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 APPROVAL OF AGENDA: MOTION: By Commissioner Mathews and seconded by Commissioner Marks to move Management Item #3: Eagle Scout Project — Atascadero Lake Park Landscaping (Whitacker) to Management Item #1. Motion passed 5:0 by a roll -call vote. COMMISSION/ YOUTH REPRESENTATIVE ANNOUNCEMENTS AND REPORTS: Vice Chairperson Butz reminded everyone about the Colony Days festivities. PRESENTATION: 1. Presentation to Outstanding Community Services Department Volunteers Austin Miller and Dayn Mansfield. Community Services Director Brady Cherry presented the awards for Austin Miller and Dayn Mansfield to Jennifer Smith, a representative, in their absence. He spoke about their many contributions to the youth of the community. A. CONSENT CALENDAR: 1. Parks and Recreation Commission Minutes — September 20, 2007 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission minutes of the September 20, 2007 meeting. [Community Services] MOTION: By Commissioner Marks and seconded by Commissioner Chacon to approve Item #A-1 with the exception that the tape be reviewed and if a vote was made after the Commission Norm's Item #13-4 it be noted on the September 20, 2007 Minutes. Motion passes 5:0 by a roll -call vote. B. MANAGEMENT REPORTS: 3. Eagle Scout Project — Atascadero Lake Park Landscaping (Whitacker) ■ Fiscal Impact: None. ■ Recommendation: Commission recommend approval of the proposed Eagle Scout project to landscape an area near the South end of Atascadero Lake. [Public Works] PRC Draft Minutes 10/18/07 Page 2 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 Deputy Public Works Director — Operations Geoff English gave a brief overview of proposed project and introduced Eagle Scout Brendon Whitacker. Brendon Whitacker presented his plans to re -landscape the project area near the intersection of Santa Rosa Road and Lakeview Drive. Commissioner Comments: Commissioner Chacon asked if he would be completing the project by himself. Brendon Whitacker responded that he will have some volunteer help from his Boyscout troop, as well as from a local landscape contractor. Commissioner Istenes inquired about the choice for the location; whether is was to make the picnic area more private or to beautify the corner. Brendon Whitacker's response was that he intended to beautify the corner and enable the sign to stand out more. Commissioner Mathews asked where he came up with the idea to plant native plants in that area. Brendon Whitacker stated he received recommendations from Tom Jamason, Parks Staff, and from a landscape contractor. He chose those particular plants because they conserve water and tend to do well in our environment. Commissioner Mathews commended his efforts and his choices of plants. Commissioner Chacon thanked him for his time and effort. He commented on how nice it is to see youth contributing to their Community and encouraged him to continue with his efforts. Commissioner Marks thanked him for the lasting, positive impression he will be leaving. Commissioner Istenes suggested that if it isn't already procedure, it be protocol to give all Boy Scouts a map when they start a project like this. She also commended his efforts. Vice Chairperson Butz commended him on his presentation to the Commission and his report. PUBLIC COMMENT — None. MOTION: By Commissioner Mathews and seconded by Commissioner Istenes to approve Brendon Whitacker's project as proposed. Motion passed 5:0. PRC Draft Minutes 10/18/07 Page 3 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 1. Atascadero Maaazine Advertisina Policies ■ Fiscal Impact: None. ■ Recommendation: Commission review and comment on the advertising policies related to the Atascadero Magazine. [Community Services] Recreation Supervisor Jennifer Fanning presented facts pertaining to the history of the City's recreation guides and how it has evolved into The Atascadero Magazine. Ms. Fanning asked for feedback from the Commission on additional policies that might be necessary. Commissioner Comments: Commissioner Istenes suggested that the policy be amended to say "nor controversial projects." She suggested having more ad spaces so more local businesses could advertise. She also pointed out that WalMart was able to advertise even though they aren't local. Commissioner Chacon suggested putting a disclaimer statement on the front or the back end of the Magazine so that the City isn't placed in the position of supporting or not supporting something. He also suggested that in the section that says "Advertisements that promote alcohol, tobacco, adult-oriented or sexual content...." that "at the discretion of the Atascadero Magazine City of Atascadero Staff" be omitted. He felt it should be a policy period. He also expressed concern if we were to limit only businesses in Atascadero. Recreation Supervisor Jennifer Fanning informed the Commission that there was a disclaimer added to the beginning of the current Magazine. Commissioner Istenes again expressed her opinion that the purpose of the magazine is to support Atascadero businesses only. Commissioner Marks inquired if the advertising opportunities were posted on the City's website. She thinks it's an excellent way for local businesses to advertise and to offset the City's costs. Recreation Supervisor Jennifer Fanning said that the magazine is available to download or view on the website and that the advertising information is also posted for the public online. Commissioner Mathews shares Commissioner Istenes' concerns about the use of ad space by very controversial businesses. Commissioner Chacon mentioned the importance of being careful not to discriminate who can or can not advertise. PRC Draft Minutes 10/18/07 Page 4 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 Vice Chairperson Butz commented that the Paso Robles Magazine is privately published so it's at the Publisher's discretion who advertises. She noted the difference between private and public publications. PUBLIC COMMENT: Atascadero resident, Lee Perkins, had a number of concerned people inquire about the full page WalMart ad after the magazine was published. She has concerns about this and believes that The Rottman Group and WalMart presence is very political in our community. She also mentioned the fact that the Oppose WalMart group was considered "controversial" and denied to walk in the Colony Days Parade. Vice Chairperson Butz closed the Public Comment period. Commissioner Istenes again relayed her opinion about ads being limited to Atascadero businesses only. She suggested lowering the prices if there's difficulty filling the ad spaces. Community Services Director Brady Cherry agreed with Commissioner Chacon, that "at the discretion of Atascadero Magazine City of Atascadero Staff" be omitted and the sentence begin with "Advertisements that promote..." He also stressed the importance of being as specific as possible in the policies to avoid confusion. Commissioner Mathews asked what the current advertising rates are and how many advertisements are being purchased per issue. Community Services Director Brady Cherry said that the City's goal is to have no more than 25% of the Atascadero Magazine contain ads. He believes it looks cleaner and is less distracting that way. Recreation Supervisor Jennifer Fanning said ad prices are as follows: Business Card Ad $150/issue Quarter Page Ad $250/issue Half Page Ad $475/issue Banner Ad $325/issue Full Page Ad $925/issue Inside Front Cover $2,000/issue Inside Back Cover $1,800/issue Recreation Supervisor Jennifer Fanning also pointed out that there is a %15 discount if someone wants to advertise for the whole year (3 issues). She also relayed that these rates are high but fair considering this publication is produced in color, with glossy pages. Community Services Director Brady Cherry said total ad revenue annually is approximately $16,000.00. This is a significant amount of money to help defray printing costs. PRC Draft Minutes 10/18/07 Page 5 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 Commissioner Marks referred to the policy that references advertisements for political candidates or political causes. She suggested changing the word "scheduled" to something slightly broader such as "proposed." Commissioner Chacon recommended that any changes or suggestions made by the Commission be reviewed by general counsel. Vice Chairperson Butz expressed concerned about legal issues as well. Commissioner Mathews suggested another bullet point to read something like "advertisements for for-profit businesses shall be limited to those business currently doing business in the City of Atascadero." Commissioner Istenes added a side note about advertisements. She inquired about the choices of pictures presented on the AGP video showcasing the best of Atascadero. She wants to see more pictures of parks and people. Community Services Director Brady Cherry said he believed the choice of pictures is made by the Tourism Committee. He will pass along the information to Marcia McClure Torgerson, the contact for the Committee. 2. Atascadero Municipal Budget Overview ■ Fiscal Impact: None. ■ Recommendation: Informational item only. [Community Services] Administrative Services Director Rachelle Rickard gave an extensive presentation about the ongoing budget process. She elaborated on the six (6) current City Council goals, which are to: Enhance the City's Economic Base Continue Emphasis on Road Maintenance Program Repair Historic City Hall Continue to Enhance Public Safety Campaign Finance Reform Create Natural Resources Program Commissioner Comments: Commissioner Chacon asked why the City is projected to receive less money but will be spending more. Administrative Services Director Rachelle Rickard explained that the reason for this is it's an expenditure of funds that have accumulated over the years and the City now has enough funds to complete the projects. The accumulation of funds doesn't show in revenue, it flows through the fund balance. PRC Draft Minutes 10/18/07 Page 6 of 7 ITEM NUMBER: A - 1 DATE: 01/17/2008 Commissioner Mathews asked about the tree planting fund and why there is such a large increase in expenditures. Administrative Services Director Rachelle Rickard explained that in the 2007/2008 budget, as part of the natural resources program, the City will be a lot more aggressive on publishing brochures, planting trees, and property acquisition. Commissioner Marks mentioned that she hoped that some of the extra property tax revenue would be directed towards the trail project. PUBLIC COMMENT — None. C. COMMITTEE & LIAISON REPORTS: 1. Atascadero Youth Task Force - Next meeting 11/06/07 — Internet Safety Presentation D. STAFF COMMENTS/ ANNOUNCEMENTS: Recreation Supervisor Jennifer Fanning informed the Commission of upcoming events and festivities. Deputy Public Works Director — Operations Geoff English gave a parks project update. Commissioner Istenes had some questions about trails and the BMX park. Community Service Director Brady Cherry gave the history and background information on the BMX park as well as the current status. E. ADJOURNMENT: Vice Chairperson Butz adjourned the meeting at 8:45 p.m., to the next regularly scheduled meeting of the Parks and Recreation Commission on November 15, 2007. MINUTES PREPARED BY: Shannon Sims, Administrative Assistant PRC Draft Minutes 10/18/07 Page 7 of 7 ITEM NUMBER: B - 1 DATE: 01/17/2008 Atascadero Parks and Recreation Commission Staff Report - Community Services Department Snack Bar/Restroom Building Proposal Alvord Field by Atascadero Lake (Atascadero Babe Ruth Baseball League) RECOMMENDATION: Commission review and comment on the proposed project concept and recommend approval of the preparation and submittal of construction documents to the City for a building permit. DISCUSSION: Background: Atascadero Babe Ruth Baseball League has primary use of Alvord Field on a seasonal basis. The field is also used by Atascadero High School, North County Christian School and other youth sports groups on a seasonal, rotating basis. The snack bar and restroom facilities are very old and are in need of replacement. Specifically, there's an abundance of dry rot in the structure and the restrooms do not meet ADA standards. The City and Atascadero Babe Ruth Baseball League would like to replace this structure with a new building that will better serve the needs of the future. Ms. Susan Poulin has volunteered to create a new building concept plan based upon input from the League, City staff and abiding by budgetary constraints. The City's Lake Park Design Guidelines have also been incorporated into the design. The Commission is being asked to review and give input prior to construction documents being prepared and submitted to the City for a building permit. Staff is recommending approval since these improvements are long overdue and the City Council has allocated $150,000 for this particular improvement project. A copy of the conceptual building site plan and elevations are included in the packet. FISCAL IMPACT: $150,000 in budgeted City funds. ATTACHMENTS: Site Concept Plan Architect's drawing for the Little League Building ITEM NUMBER: B - 2 DATE: 01/17/2008 Atascadero Parks & Recreation Commission Staff Report — Community Services Department Veteran's Memorial Project Maintenance Agreement RECOMMENDATION: Commission review and make recommendations on the Draft Maintenance Agreement with the Veteran's Memorial Committee. DISCUSSION: Background: Per City Council direction, Staff is setting up a maintenance agreement with the Veteran's Memorial Committee for the care and maintenance of the Veteran's Memorial proposed for Atascadero Lake Park. Below are recommended obligations for both the City and the Veteran's Memorial Committee: The Veteran's Memorial Committee obligations: • Removal of trash and debris from Memorial area. • Report vandalism to City of Atascadero Public Works staff as soon as possible. • Maintain Memorial in a clean, attractive and safe condition. • Perform maintenance on bronze statue per Sculptor's recommendations. • Replace flags as needed. • Notify City Public Works of any proposed major maintenance or renovation or site alterations in advance in writing. • Install landscaping per site plan. • Maintain pathways, walls, benches, concrete mow strips, statue, lighting and other improvements in good repair, cost will be obligation of the Veteran's Memorial Committee • Remove graffiti to the bronze statue and the memorial wall. The City's obligations: • City will grant use of the designated expressed use for Veteran's Memorial. • City will remove graffiti to all surfaces bronze statue. portion of Lake Park property for except the memorial wall and the • City will perform weeding and application of pre -emergent herbicide in landscaped area. • City will maintain irrigation installed by the Veteran's Memorial Committee. • City will maintain trees planted by the Veteran's Memorial Committee. • City will pay for all memorial utilities. • City will allow the site to be reserved for Memorial services. City will have the authority to charge fees at non-profit rates. General terms and conditions that will apply to this proposed maintenance agreement will include the following: • Assignment of the agreement by the Veteran's Memorial Committee to another organization will be subject to City approval. • Insurance will be required from the Veteran's Memorial Committee. • Termination language will be included in the agreement. • Alterations to the Veteran's Memorial will be at the lessee cost with prior approval. • Memorial services will be allowed. City will have the authority to change fees at non-profit rates. FISCAL IMPACT: All expenses related to the installation of the Veteran's Memorial will be the responsibility of the Veteran's Memorial Committee. City of Atascadero obligations for maintenance and upkeep of the proposed project will be approximately $2,000 — $2,500 annually. ATTACHMENTS: 1. Draft Maintenance Agreement 2. Site Plan CITY OF ATASCADERO AND THE ATASCADERO VETERAN'S MEMORIAL COMMITTEE AGREEMENT FOR MAINTENANCE/LANDSCAPE SERVICES FOR THE ATASCADERO VETERAN'S MEMORIAL THIS AGREEMENT, entered into this day of 2008, by and between City Of Atascadero, a California municipal corporation and general law city (City) and the Atascadero Veteran's Memorial Committee, a non-profit corporation (Veteran's Committee). This Agreement is made with respect to the following facts: RF(-ITAI 4 1. There is strong public support within the local community for the construction of an "all wars" memorial to honor and remember Atascadero military veterans who have made, and continue to make, significant personal sacrifices in service of the United States of America. 2. In response to the public's interest in honoring its military veterans, the Veteran's Committee has agreed, at its own expense, to design, construct, install, and donate to the City a bronze memorial statue and memorial wall to be placed on public property. 3. The Veteran's Committee has also agreed to undertake certain ongoing maintenance obligations regarding the memorial and its location. 4. On March 27, 2007, the Atascadero City Council approved the Veteran's Committee's proposed project to be located at the corner of Atascadero Lake Park at Highway 41 and Portola Road, as described more particularly in the Site Plan approved by the City and attached to this Agreement as Exhibit A. The location described in the Site Plan, including but not limited to the bronze memorial statue and memorial wall, shall be referred to collectively as the "Memorial Site." 5. The parties to this Agreement wish to define their respective responsibilities for maintenance and landscaping services at the Memorial Site. FTITAV :111f•1:111011 NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained and the Recitals set forth above and hereby incorporated into this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows. I RV #4815-3521-3314 v2 1 1. THE PARTIES' RESPECTIVE OBLIGATIONS. 1.1. The Veteran's Committee's obligations consist of the following actions (each at the Veteran's Committee's sole expense): 1.1.1. Comply with all applicable Municipal Code provisions and the memorial's designer and/or sculptor in constructing and installing the bronze memorial statue and memorial wall. 1.1.2. Install all landscaping and irrigation equipment at the Memorial Site pursuant to the Site Plan approved by the City. 1.1.3. Maintain the Memorial Site in a clean, attractive, and safe condition by, among other things, maintaining pathways, walls, benches, concrete mow strips, the bronze memorial statue, the memorial wall, lighting equipment, and other improvements in good repair, replacing flags on a regular and as -needed basis, and removing trash and debris from the Memorial Site on a regular and as -needed basis. 1.1.4. Perform all necessary maintenance on the bronze memorial statue and memorial wall pursuant to the designer and/or sculptor's recommendations and maintain the bronze memorial statue and memorial wall in a clean, presentable, and repaired condition. 1.1.5. Report any vandalism at the Memorial Site to the Atascadero Police Department as soon as possible. 1.1.6. Remove any graffiti from the bronze memorial statue and memorial wall within 48 hours of the discovery of such graffiti or receiving a request from the City to remove such graffiti. 1.1.7. Provide the City's Public Works Department with advance written notice of any maintenance, renovation, or alterations of the Memorial Site that would require a permit under the Municipal Code or would change the appearance of the Memorial Site in any material way. In performing such maintenance, renovation work, or alterations, the Veteran's Committee shall comply with all applicable governmental requirements. 1.1.8. Perform any necessary maintenance and repair tasks at the Memorial Site that are not otherwise mentioned in this Agreement. 1.2. The City's obligations consist of the following: 1.2.1. Grant the use of the Memorial Site as the location of the Veteran's Memorial. I RV #4815-3521-3314 v2 2 1.2.2. Remove any graffiti (other than graffiti on the bronze memorial statue and memorial wall) at the Memorial Site within 48 hours of notification by the Veteran's Committee. 1.2.3. Maintain any irrigation equipment installed by the Veteran's Committee at the Memorial Site. 1.2.4. Pay for the cost of all utilities at the Memorial Site. 1.2.5. Maintain any trees planted by the Veteran's Committee at the Memorial Site. 1.2.6. Perform any necessary weeding and application of pre - emergent herbicide in the landscaped areas at the Memorial Site. 2. TERM OF AGREEMENT. 2.1. Subject to the provisions of this Agreement regarding termination set forth below, the term of this Agreement shall begin on January 22, 2008, and terminate on January 22, 2023. 2.2. Notwithstanding Section 2.1, either the City or the Veteran's Committee may terminate this Agreement with cause after complying with Section 10 and by giving written notice to the other party pursuant to Section 9. Termination based on cause will become effective immediately upon the giving of notice as provided in Section 9. 2.3. The City, with the agreement of the Veteran's Committee, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and will be an amendment to this Agreement. 2.4. The Agreement shall terminate upon the bankruptcy or insolvency of any party. 2.5. Upon termination of this Agreement for any reason, the Memorial Site and all improvements at the Memorial Site shall remain the property of the City. 3. DESIGNATED REPRESENTATIVES. 3.1. The City's Director of Community Services is the designated City Representative and is responsible for coordination with the Veteran's Committee Representative. 3.2. The Colonel Bill Hatch is the designated Veteran's Committee Representative and is responsible for coordination with the City Representative. I RV #4815-3521-3314 v2 3 4. INSURANCE. 4.1. The Veteran's Committee must maintain the following insurance during the term of this Agreement. 4.1.1. Commercial General Liability, Broad Form General Liability and Business Automobile Liability insurance that meet or exceed the requirements of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with the Veteran's Committee's performance of this Agreement in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage. 4.1.2. Workers Compensation and Employers Liability insurance for all of its employees who are in any way connected with the Veteran's Committee's performance under this Agreement. The Workers Compensation insurance must comply with all applicable State laws. 4.1.3. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required under this Agreement must be: (a) endorsed to name the City, its officers, officials, employees, agents, representatives, and volunteers as "additional insured" under such insurance coverage; (b) state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto; and (c) state that the policy will not be cancelable or subject to reduction except upon 30 days prior written notice to the City. Insurance is to be placed with insurers with a current Best's Rating of at least A:VII and be a California Admitted Insurance Company. 4.1.4. Any contractor or subcontractor utilized by the Veteran's Committee in connection with this Agreement must meet the insurance requirements set forth above. 5. INDEMNIFICATION. 5.1. The Veteran's Committee agrees to hold harmless and indemnify, and, at the City's request, defend the City, its officers, officials, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, damages, expenses, suits, accidents, injuries, liability, or proceedings of any character whatever (including without limitation, attorney's fees), brought for or on account of, or resulting from or arising out of or in connection with, any act, error or omission, negligence, wrongful conduct, or other action by the Veteran's Committee or any of the Veteran's Committee's officers, agents, employees, representatives, or subcontractors in connection with or in the performance of this Agreement. 5.2. The City agrees to hold harmless and indemnify, and, at the Veteran's Committee's request, defend the Veteran's Committee, its officers, officials, employees, agents, representatives, and volunteers from and against any and all claims, demands, I RV #4815-3521-3314 v2 4 actions, damages, expenses, suits, accidents, injuries, liability, or proceedings of any character whatever (including without limitation, attorney's fees), brought for or on account of, or resulting from or arising out of or in connection with, any negligence or wrongful conduct by the City or any of the City's officers, agents, employees, representatives, or subcontractors in connection with or in the performance of this Agreement. 6. ASSIGNMENT. The Veteran's Committee may not assign this Agreement or any part of this Agreement to any other individual or entity without the prior written consent of the City Manager or his/her designee. 7. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only upon mutual written consent of the City and the Veteran's Committee. 8. USE OF TERM "City". Reference to the "City" in this Agreement includes the City Manager or any authorized representative acting on behalf of City. 9. NOTICES. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail must be addressed as follows: TO City: City Of Atascadero Director of Community Services 6907 EI Camino Real Atascadero, CA 93422 TO Veteran's Committee: Atascadero Veteran's Memorial Committee Executive Director P.O. Box 1466 Atascadero, CA 93423 and, when addressed in accordance with this paragraph, will be deemed given two days after deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 10. NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a default that is capable of being cured until it has received written notice of the default from the other party. The party charged with a default will have 15 days from the date of receiving such notice in which to cure the default or otherwise respond. If the circumstances leading to the notice of default have not been cured or explained to the satisfaction of the other party within 15 days from the date on which the party received notice, the non -defaulting party may terminate this Agreement pursuant to Section 2. I RV #4815-3521-3314 v2 5 11. WAIVER. A waiver by the City or Veteran's Committee of any default of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent default of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 12. GOVERNING LAW. The terms of this Agreement will be interpreted according to the laws of the State of California. Should litigation occur, venue will be in the Superior Court of San Luis Obispo County. 13. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and the Veteran's Committee with respect to the subject matter hereof and supersedes all preliminary negotiations and agreements. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement is binding and inures to the benefit of the parties to this Agreement and any subsequent successors and assigns. ATTEST: City Clerk Approved As To Form: By: City Attorney ATTEST: Secretary of the Veteran's Committee City of Atascadero City Manager Atascadero Veteran's Memorial Committee Executive Director/Chairman Approved As To Form I RV #4815-3521-3314 v2 6 , General Counsel of the Veteran's Committee ui Q z Lu LL 00 0 O N 0 Lu 0 J a 3+I13 910.Ot E GE OF SIDEWALK - u -2.00% _y 0% MATC EXISTING GRADE IN PARING LOT 900.0 3+13 FACE OF MEMORIAL WALL CNISE k ENT RL NE OF WALKWAY 1.000 I EXISTING GRADE AT CENTERLINE OF WALKWAY 2+ 2+ WALKWAY CENTERLINE PROFILE STATION L EC) M 00 N N rl- It � CSS I� co N N� O LO O CD O (D O CD O CD O CD O (D O CD O 07 m CD O m O m O O � O � O 0 a7 907.24 FG I > > i 90, Q 907.35 FG EXTENTS TO PAVERS 7 TO BE DETERMINED BY 8 COMMITTEE 913N 7 905.31 I 7 FG - 2 CASE C I 05 --_- - 904 I oI o 106 0� 1+00 7 / 5.�g 905 905 X. /'7 - �-�$ 4F'7 / 6 z 1 o O W / 6.0 / 905.63 FG / 905.74 FG X0`3 X34 66 R D=63-61' / • - OF • 1.:1 01 SIDEWALK FG = 906.30 \ I I( 906 \ , CASE A 1 2 B oe 904.17 FG n W 4\ / / o C3.0 a CD e o :.. 6 % . ,, o a0000 / 1.9 905 Jlo I / 905 1 1 O N O V CD O O O O 8 1 115.55' S20' 277 1.36% > IATCH EXISTING GRADE T BACK OF CURB C0 L) O O m O N N 4 co O O CD O MAINTAIN DRAINAGE DEPRESSION IN 902.87 FG FRONT TO GATES > > > 903.08 FG COMPACTED BASE PATHWAY BASIN NOTES: 1. BASIN VOLUME IS 650 C.F. 2. DIRECT ALL SURFACE RUNOFF FROM MEMORIAL TO BASIN 3. BASIN IS DESIGNED AS A TERMINAL FACILITY. WATER WILL PERCOLATE INTO THE SOIL. 4. NO FREEBOARD IS PROVIDE TO PROVIDE MINIMUM IMPACT ON PARK FACILITY 910 --1.54 903.81 FG 0406 't EC) 00 O O O D7 CONSTRUCTION NOTES: 1 CONSTRUCT 6" X 12" MOW CURB. SEE DETAIL A, SHEET C3.0 2 CONSTRUCT CALTRANS STANDARD A88A CURB RAMP. SEE DETAIL ON SHEET C3.0 3 CONSTRUCT MEMORIAL STATUE PEDESTAL. SEE DETAIL F, SHEET C3.0 4 CONSTRUCT RAISED SIDEWALK, RETAINING CURB, AND HAND RAILING. SEE DETAIL D, SHEET C3.0 5 CONSTRUCT MEMORIAL WALL. SEE DETAIL B, SHEET C3.0 6 CONSTRUCT 4" CONCRETE SIDEWALK 7 PROTECT EXISTING TREES (TYPICAL OF ALL LOCATIONS) 8 CONSTRUCT BIOSWALE - 1.0% MIN. SLOPE. MAINTAIN EXISTING DRAINAGE PATTERN. SEE DETAIL G, SHEET C3.0 9 LINE BASIN WITH ROCK. SIZE AND TYPE TO BE COORDINATED WITH CITY. 10 CONSTRUCT 2' WIDE ROCK OVERFLOW. SIZE AND TYPE OF ROCK TO BE COORDINATED WITH CITY. BASIN SECTION m w 0- W U U Q zpFESS/p\ P.VAN pF� ! v? NN rZTi TI cl No. co (6 + O EXPIRES: 12/31/2007 N O W 2 O O (n w a d d oL6 (n - z _jw O a a W C) M O IL Q U E GE OF SIDEWALK - u -2.00% _y 0% MATC EXISTING GRADE IN PARING LOT 900.0 3+13 FACE OF MEMORIAL WALL CNISE k ENT RL NE OF WALKWAY 1.000 I EXISTING GRADE AT CENTERLINE OF WALKWAY 2+ 2+ WALKWAY CENTERLINE PROFILE STATION L EC) M 00 N N rl- It � CSS I� co N N� O LO O CD O (D O CD O CD O CD O (D O CD O 07 m CD O m O m O O � O � O 0 a7 907.24 FG I > > i 90, Q 907.35 FG EXTENTS TO PAVERS 7 TO BE DETERMINED BY 8 COMMITTEE 913N 7 905.31 I 7 FG - 2 CASE C I 05 --_- - 904 I oI o 106 0� 1+00 7 / 5.�g 905 905 X. /'7 - �-�$ 4F'7 / 6 z 1 o O W / 6.0 / 905.63 FG / 905.74 FG X0`3 X34 66 R D=63-61' / • - OF • 1.:1 01 SIDEWALK FG = 906.30 \ I I( 906 \ , CASE A 1 2 B oe 904.17 FG n W 4\ / / o C3.0 a CD e o :.. 6 % . ,, o a0000 / 1.9 905 Jlo I / 905 1 1 O N O V CD O O O O 8 1 115.55' S20' 277 1.36% > IATCH EXISTING GRADE T BACK OF CURB C0 L) O O m O N N 4 co O O CD O MAINTAIN DRAINAGE DEPRESSION IN 902.87 FG FRONT TO GATES > > > 903.08 FG COMPACTED BASE PATHWAY BASIN NOTES: 1. BASIN VOLUME IS 650 C.F. 2. DIRECT ALL SURFACE RUNOFF FROM MEMORIAL TO BASIN 3. BASIN IS DESIGNED AS A TERMINAL FACILITY. WATER WILL PERCOLATE INTO THE SOIL. 4. NO FREEBOARD IS PROVIDE TO PROVIDE MINIMUM IMPACT ON PARK FACILITY 910 --1.54 903.81 FG 0406 't EC) 00 O O O D7 CONSTRUCTION NOTES: 1 CONSTRUCT 6" X 12" MOW CURB. SEE DETAIL A, SHEET C3.0 2 CONSTRUCT CALTRANS STANDARD A88A CURB RAMP. SEE DETAIL ON SHEET C3.0 3 CONSTRUCT MEMORIAL STATUE PEDESTAL. SEE DETAIL F, SHEET C3.0 4 CONSTRUCT RAISED SIDEWALK, RETAINING CURB, AND HAND RAILING. SEE DETAIL D, SHEET C3.0 5 CONSTRUCT MEMORIAL WALL. SEE DETAIL B, SHEET C3.0 6 CONSTRUCT 4" CONCRETE SIDEWALK 7 PROTECT EXISTING TREES (TYPICAL OF ALL LOCATIONS) 8 CONSTRUCT BIOSWALE - 1.0% MIN. SLOPE. MAINTAIN EXISTING DRAINAGE PATTERN. SEE DETAIL G, SHEET C3.0 9 LINE BASIN WITH ROCK. SIZE AND TYPE TO BE COORDINATED WITH CITY. 10 CONSTRUCT 2' WIDE ROCK OVERFLOW. SIZE AND TYPE OF ROCK TO BE COORDINATED WITH CITY. BASIN SECTION m w 0- W U U Q zpFESS/p\ P.VAN pF� ! > O U CMD Q M _ Cc:,) Q O r o ZU(.0� a� 0 o ECS N Z p � w 9 Lu o Q Q Z o -c C) O< a? �i Q CL 0 :3 0 L Lu 120 Z c� rZTi TI cl No. C 59920 � J� 9TF CIVIC- pF CALIF EXPIRES: 12/31/2007 > O U CMD Q M _ Cc:,) Q O r o ZU(.0� a� 0 o ECS N Z p � w 9 Lu o Q Q Z o -c C) O< a? �i Q CL 0 :3 0 L Lu 120 Z J a a L.1. W 2 / 1'[ v W 2i U a Z (n - z _jw O a a W C) IL Q U QUJI � 0 Q Lij O Q Z a JILL O a O V ® U Z a 0 U a U' a DATE iNPAW1I1j DRAWN BY: JAV 0.0 CHECKED BY: JAV FILE NO. / LOCATION: 2007-001 PROJECT NO. 2007-001 SHEET NO. C2.0 TOTALOF U z w c� Q CD z N O 2 D Q ITEM NUMBER: B - 3 DATE: 01/17/2008 Atascadero Parks and Recreation Commission Staff Report — Public Works Department Atascadero Trail Project RECOMMENDATION: Commission to provide staff direction on the acceptance of the Atascadero Trail Project Grant. REPORT -IN -BRIEF: The Upper Salinas -Las Tables Resource Conservation District (RCD) was awarded an $833,868.00 grant from the Resource Agency of the State of California for the design and construction of the Atascadero Creek Trail and Restoration. The RCD has requested the City take over the Grant due to financial issues. This report will analyze factors to be considered in accepting the grant. DISCUSSION: Background: The Upper Salinas -Las Tables Resource Conservation District (RCD) was awarded an $833,868.00 grant from the Resource Agency of the State of California in 2003 for the design and construction of the Atascadero Creek Trail and Restoration Project (See Exhibit A for Grant Agreement and Budget). The Project is funded through Proposition 40 - River Parkways Grant Projects. The City has received a request from the RCD to take over the Grant and complete the Project. The reasoning given by RCD is "serious financial issues with the way that the Resources Agency administered the grant" (See Exhibit B for letter). City staff has been in discussion with RCD staff to find out all the details about the Project and their "financial issues." Their issues are two fold: 1. The grant will only pay direct costs. These costs include staff salaries, vacation, sick leave, etc. The grant will not pay indirect costs like office space, utilities, printers, etc. The RCD Board had a problem with this because it did not have a funding source for indirect costs. 2. Reimbursement of expenses. This grant is designed to be a reimbursement of project expenditures. The expenses are supposed to be incurred by the RCD, ITEM NUMBER: B - 3 DATE: 01/17/2008 the RCD pays the bills and a payment request is submitted to the Resources Agency. This creates a situation where the RCD is funding the project short term, until they are reimbursed. The RCD Board has a problem with this due to limited funds available to carry the debt. The Project is broken into two reaches as follows: Reach B-1. Reach B-1 is along or near Atascadero Creek from EI Camino Real to the Juan Bautista de Anza National Historic Trail at the Salinas River. This Reach has side spurs that go to Stadium Park and Colony Park Community Center. .z M ITEM NUMBER: B - 3 DATE: 01/17/2008 Reach B-2. Reach B-2 is from Atascadero Lake Park, along Atascadero Creek, to the Three Bridges on Morro Road. ITEM NUMBER: B - 3 DATE: 01/17/2008 The RCD decided to build Reach B-2 first. The route of Reach B-2 was changed to end at San Gabriel Road instead of continuing to the Three Bridges due to neighborhood opposition. This Reach is now 75% constructed. Portions of the Reach, inside the Caltrans right-of-way, were not completed due to issues Caltrans had with the design. The RCD and Caltrans say these issues have been resolved. Construction documents now have to be revised and resubmitted to Caltrans for encroachment permit issuance to complete the work. The grant time line was extended in the last State Budget and all construction must be finalized and invoices submitted by May 2011. Analysis: Should the City take over the grant from the RCD? There are some issues to consider before this decision can be made. Below is a summery of these issues. ➢ Trail Route Reach B-1 The current route for Reach B-1 is along or near Atascadero Creek from EI Camino Real to the Juan Bautista de Anza National Historic Trail at the Salinas River. The City can revise the route with the approval of the Resource Agency. If the City Council wants to accept the grant, it is recommended that staff study potential routes and report back to the City Council on options, impacts and costs. ➢ Work to be completed Reach B-2 ✓ Construction Documents must be amended per the agreement the RCD had with Caltrans ✓ Plans submitted to Caltrans for approval ✓ The trail must be completed between Portola Road and San Gabriel Roads :ZxT.77:�i ✓ City Council to give staff direction on the new route for this reach ✓ Complete topographic survey ✓ Environmental documents completed for the route ✓ Permit applied for from Federal and State Agencies ✓ Right-of-way, if any, must be acquired ✓ Construction documents completed ✓ Construct ITEM NUMBER: B - 3 DATE: 01/17/2008 ➢ Staffing City staff has a very large Capital Project Program that we are delivering. This is taking considerable staff time and resources. This would be another project to add. It is a good project but it will be a lot of work to plan, design, administer and construct. Staff wants to deliver a quality, well thought out project that the public can enjoy. The deadline completion date for the project is May 2011. This will allow staff to spread the work out to be able to handle it, considering the current workload. If Council directs to take this project over, we would perform much of the design work with in house staff. Engineering services like geotechnical engineering, structural engineering and right-of-way services would be contracted out. ➢ Funding The total spent to date is: ✓ Design $148,200.00 ✓ Construction $199,204.00 ✓ Contingencies $98.00 The remaining funding is a total of $486,366.00, broken out as follows: ✓ Design and right-of-way $35,600.00 ✓ Construction $442,566.00 ✓ Contingencies $8,200.00 Until staff knows the route of Reach B-1 that Council wants to build, we will not know the design and construction costs. The remaining design budget is very small and will not be enough to complete the design work based on past experience. It is estimated the design and right-of-way could need an additional $75,000.00 to $125,000.00 to complete. Depending on the scope of the construction work, more funds could be needed also. ➢ Controversy The planning and building of this trail will cause some public controversy. The RCD had neighborhood controversy in the planning of Reach B-2 west of San Gabriel Road. Any time you build new facilities near some ones home there is concern of the impact. Council must be informed that some controversy will happen with the acceptance of the grant. ITEM NUMBER: B - 3 DATE: 01/17/2008 (-nnrh minn- Staff would like direction on the following questions: Is the City Council interested in taking the Project over from the RCD? Where will the funding come from to complete the design, right-of-way, City indirect costs and others? What route should the trails take? FISCAL IMPACT: The design and construction of this project could cost the City an estimated additional $200,000.00. The City does not have any funding for this project. If the City Council want to move forward on taking this project, other projects must be eliminated or funds taken from the General Fund Reserves. The sources of funding we have that could be used are: Trail located along street or on sidewalk — Street Funds Trail located inside the Redevelopment District — Redevelopment Funds Tail located — General Fund Reserves ATTACHMENTS: Exhibit A — Original "Atascadero Creek Trail and Restoration Project" Grant Agreement and Budget Exhibit B — Letter from Upper Salinas -Las Tables Resource Conservation District ITEM NUMBER: B - 4 DATE: 01/17/2008 Atascadero Parks and Recreation Commission Staff Report — Community Services Department Memorial Tree Placement Request Atascadero Lake Park Memorial Grove (Stettler) RECOMMENDATION: Commission recommend approval to the City Council of a request by John and Muriel Stettler to dedicate a Western Redbud tree to be planted at Atascadero Lake Park Memorial Grove, Site #1, in memory of Maxwell Kramer Niederhauser. DISCUSSION: Background: Maxwell Kramer Niederhauser grew up in Atascadero and moved to Utah with his family. He was killed in an ATV accident during a race in Pismo Beach on October 20, 2007. He was 17 years old. Analysis: The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed by staff for the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. The attached request complies with previously established policies for the recognition of individuals at City park facilities and is consistent with the established plans for Atascadero Lake Park. Conclusion: Staff recommends approval to the City Council of a request by John & Muriel Stettler to dedicate a Western Redbud tree at Atascadero Lake Park Memorial Grove in memory of Maxwell Kramer Niederhauser. ATTACHMENT: Letter of Request ITEM NUMBER: B - 5 DATE: 01/17/2008 Atascadero Parks and Recreation Commission Staff Report — Community Services Department George Beatie Skate Park Lease Agreement with Austin Miller, DBA Esteem RECOMMENDATION: Commission review and comment on the partnership and the Lease Agreement between the City of Atascadero and Austin Miller, DBA Esteem to take over operation of the George Beatie Skate Park. DISCUSSION: Since January of 2006, Austin Miller, Dayn Mansfield and their business, Mobley's Boardshop (now Esteem), have partnered with the City of Atascadero to improve and operate the Skate Park. As a result, the George Beatie Skate Park is considered one of the finest in California and the only indoor skate park between Santa Barbara and San Francisco. Since operating in partnership with the City under a concession agreement, Esteem has invested over $180,000 into improving and operating the Skate Park. This partnership has benefitted the citizens and, in particular, the youth of Atascadero greatly. City staff has an excellent working relationship with Mr. Miller and Mr. Mansfield that goes far beyond the skate park facility. Esteem has sponsored many other programs and activities in the City including programs for the Charles Paddock Zoo and other public recreation events and activities. Due to the success of the partnership in the operation of the Skate Park, staff and Esteem have been working towards having Esteem take over all operations of the Skate Park. The attached agreement with Esteem enables the City to turn over the day to day operation of the Skate Park under the City's conditions, thereby saving the City considerable resources annually. The three-year agreement allows for two additional one-year extensions. ITEM NUMBER: B - 5 DATE: 01/17/2008 The attached Lease Agreement defines the obligations of these roles, and what the City must provide to enable Esteem to perform these functions. Some of the areas covered by the agreement include clarification of the authority for public operating hours, skate park programs, revenues, operations and plans, improvements as City property and use of City facilities. The Community Services Director administers the proposed agreement. Some of responsibilities of Esteem included in the agreement are highlighted as follows: • The base "rent" for the premises shall be $1.00 per year. • Term of the agreement shall be three years with two additional one-year extensions. • No creation of liability for the City, Contractor shall indemnify the City. • The Contractor shall supply all utilities. • Improvement plans shall be coordinated with the City and subject to City approval. • The facility will be managed to include free public use admission. • Contractor facility staff will be hired and supervised by Esteem. Some of the City's obligations under the agreement include: • The City will provide exterior landscape maintenance and building infrastructure capital improvements. • The City will pay for telephone, alarm service and trash pick up. In conclusion, the proposed agreement represents the furtherance of the cooperative relationship between the Society and the City of Atascadero. The agreement lays the framework for improvements in the working relationship of the parties, and will offer benefits to the residents of Atascadero. FISCAL IMPACT: A minimum annual subsidy of approximately $50,000 to benefit the City. ALTERNATIVES: To continue the relationship with Esteem "as is." ATTACHMENT: Lease Agreement LEASE AGREEMENT 1. BASIC LEASE PROVISIONS 1.1 Date And Parties. This Lease ("Lease") is dated, for reference purposes only, , and is between CITY OF ATASCADERO ("City") and AUSTIN MILLER DBA ESTEEM. ("Tenant") upon the provisions and conditions contained in this Lease. Tenant is a California corporation, with principal offices at 6455 El Camino Real, Atascadero, Ca. City is a municipal corporation, organized under the laws of the State of California, with principal offices at 6907 El Camino Real, Atascadero, California. 1.2 Capacity Of City As Landlord. Except where clearly and expressly provided otherwise in this Lease, the capacity of the City of Atascadero in this Lease shall be as a landlord only, and any obligations or restrictions imposed by this Lease on City shall be limited to that capacity and shall not relate to or otherwise affect any activity of the City of Atascadero in its governmental capacity, including, but not limited to, enacting laws, inspecting structures, reviewing and issuing permits, and all other legislative, administrative, or enforcement functions of the City of Atascadero pursuant to federal, state, or local law. 1.3 Execution Date. The phrase "Execution Date" shall mean the date the City Clerk of Atascadero attests this Lease, except in the event that Tenant executes this Lease after such attestation, in which case the date of such execution by Tenant shall be the Execution Date. 2. PROPERTY 2.1 Property. City leases to Tenant and Tenant leases from City that certain portion of real property located in the City of Atascadero, California, comprising approximately 9,800 gross square feet, indicated on the Site Plan attached to this Lease as Exhibit A, and incorporated herein by this reference ("Property"). 2.2 Property Ownership. City warrants that City is the owner of the Property and is legally authorized to lease the Property described in Section 2.1. 2.3 Reservations. This Lease and the Property delivered hereby are and shall be at all times subject to the following: 2.3.1 Utility Rights -of -Way. Rights-of-way for sewers, pipelines, conduits and for telephone, telegraph, light, heat and power lines as may from time to time be determined to be necessary by City, including the right to enter upon, above, below or through the surface to construct, maintain, replace, repair, enlarge or otherwise utilize the Property for such purpose, without compensation or abatement of rent, provided the surface shall be restored as much as possible to the condition previously existing. 2.3.2 Prior Exceptions. All prior exceptions, reservations, grants, easements, leases, or licenses of any kind whatsoever as the same appear of record in the office of the Recorder of San Luis Obispo County, California, or in the official records of the City of Atascadero or any of its various departments. 2.3.3 Inspection. Tenant has inspected the Property in contemplation of occupying it for the uses permitted hereunder and agrees that: 2.3.4 Suitability. The Property, including any improvements existing thereon covered by this Lease, is suitable for Tenant's intended uses. No officer or employee of City has made any representation or warranty with respect to the Property, including improvements, if any, existing thereon, unless the nature and extent of such representation or warranty is described in writing and attached hereto as an addendum. 2.3.5 Additions and Improvements at Tenant's Expense. Any modification, improvement, or addition to the Property and any equipment installation required by the Fire Department, or any other local, regional, state or federal agency in connection with Tenant's operations shall be constructed or installed at Tenant's sole expense. 3. USE 3.1 Use. Tenant may use the Property for the maintenance and operation of a skate/ bicycle park. Tenant shall provide free public access and use of the facility during days and times approved by the City. Tennant may apply fees at other times for use of the facility for skating activities and events held at the premises not conflicting with free public use hours. Tennant shall not use or occupy the Property in violation of law or for any purpose which is in violation of any zoning or other land use regulation and shall discontinue any use of the Property which is declared by any governmental authority to be a violation of law. Tenant, at its sole cost and expense, shall comply with any directive of any governmental authority which shall impose any duty upon City or Tenant with respect to the Property or the use or occupation thereof, which arises due to the nature of Tenant's use or occupancy of the Property. Tenant shall not commit, or suffer to be committed, any waste or nuisance in its occupancy of the Property. Tennant shall maintain the George C. Beatie Skate Park name for the facility. All tenant improvements shall be subject to City prior approval and inspection for compliance with applicable fire, building and safety codes. 4. TERM 4.1 Term. The term of this Lease ("Term") shall be three (3) years, commencing on February 1, 2008, and terminating on February, 2011, unless terminated earlier as hereinafter provided. City grants to the Tenant the option to extend this Lease for two (2) one (1) year periods, following the above ending date at a rental rate to be agreed upon by the parties at the time Tenant exercises the option. Tenant must notify City of its intent to exercise the extension no later than 30 days before the expiration date or before the expiration of any extension period. Should the parties fail to reach agreement on the rental rate to be paid during any such extension prior to the expiration date or the expiration of any extension, this Lease shall terminate as of the expiration date or the expiration of any extension. 4.2 Holdover. If Tenant remains in possession of all or any part of the Property after the expiration of the Term hereof, with the express or implied consent of City, such tenancy shall be from month to month only, and not a renewal hereof or an extension for any further term, and in such case, monthly rent and other monetary sums due hereunder shall be payable in the amount and at the time specified in this Lease. Such month to month tenancy shall be subject to every other provision, covenant and agreement contained herein. Acceptance by City of rent after such expiration or earlier termination shall not constitute a holdover hereunder or result in a renewal. The foregoing provisions of this Section 4.2 are in addition to and do not affect the right of re-entry or any rights of City hereunder or as otherwise provided by law or in equity, and in no way shall affect any right which City may otherwise have to recover damages from Tenant for loss or liability incurred by City resulting from such failure by Tenant to surrender the Property. Nothing contained in this Section 4.2 shall be construed as consent by City to any holding over by Tenant, and City expressly reserves the right to require Tenant to surrender possession of the Property to City as provided in this Lease upon the expiration or other termination of this Lease. 4.3 Early Termination.. In addition to City's right to terminate this Lease for default, should the Premises cease to be used for the purposes stated in Section 3.1, or (in the absence of an assignment) should the Tenant cease to operate or exist, or should the operations conducted not be in accordance with the statutes of the United States, State of California, the County of San Luis Obispo, or the City of Atascadero, upon not less than sixty (60) days notice, City may terminate this Lease. 4.4 Surrender Of Property. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of City, operate as an assignment to it of any or all subleases or sub -tenancies. No act or thing done by City or any agent or employee of City during the Term shall be deemed to constitute an acceptance by City of a surrender of the Property unless such intent is specifically acknowledged in a writing signed by City. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Property and all alterations and improvements thereto, in good order, repair and condition, reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted, and free of debris. 5. BASE RENT 5.1 Base Rent Amount. For the Term of this Lease, the Base Rent amount shall be one dollar per month payable annually. 6. ALTERATIONS 6.1 Alterations. Any alteration which is made to the Property by Tenant shall be at its own cost and expense and the construction shall in accordance with plans and specifications approved prior to such alteration by the City's Director of Planning/Community Development. City may deny permission for any alteration without stating any cause, unless such alteration is required by a governmental authority having jurisdiction therefore, in which case permission shall not be unreasonably withheld. 6.2 Mechanic's And Materialmen's Liens. Tenant shall keep the Property free from any liens arising out of work performed, materials furnished, or obligations incurred by Tenant and shall indemnify, hold harmless and defend City from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event that Tenant shall not, within thirty (30) calendar days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, City shall have in addition to all other remedies provided herein and by law, the right, but no obligation to cause, upon five (5) business days prior written notice to Tenant, the same to be released by such means as it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. All such sums paid by City and all expenses incurred by it in connection therewith, including costs and attorneys' fees, shall be paid by Tenant as additional rent to City on demand. 6.3 Claims/Nonresuonsibility And Work Commencement Notices. Nothing contained in this Lease shall constitute any consent or request by City, express or implied, for the performance of any labor or services or the furnishing of any materials or other property with respect to the Property and/or any or all improvements thereon or any part thereof, or as giving Tenant any right, power, or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against City. City shall have the right at all times to post and keep posted on the Property any notices permitted or required by law, or which City shall deem proper for the protection of City and the Property, and any other party having an interest therein, from mechanics' and materialmen's liens, and Tenant shall give to City at least ten (10) business days prior written notice of the expected date of commencement of and work relating to alterations or additions to the Property. 6.4 No Creation Of Liability. Nothing contained herein shall be construed or deemed to create any obligation or liability, including without limitation liability as a guarantor or surety, on the part of City with respect to the Property or any other improvements constructed from time to time on the Property, or any plans or specifications, construction contracts, financing or other matter, instrument or document of any nature whatsoever relating to such improvements. City is not and shall at no time be liable to any creditor of Tenant or any other persons occupying any part of the Property or the improvements thereon as a sublessee, licensee or otherwise or to any claimant against the estate or property of Tenant or such other occupants for any of their debts, losses, contracts or other obligations. The relationship between City and Tenant is solely that of landlord and tenant and is not and shall not be deemed a partnership or joint venture. 7. CONDITION OF PROPERTY 7.1 Tenant's Acceptance Of Property. Tenant hereby accepts the Property in its "as is" condition existing as of the Execution Date subject to all applicable zoning, municipal, county, state, and other governmental laws, ordinances and regulations governing and regulating the use of the Property, and any easements, covenants, restrictions or other matters of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. 7.2 Restoration and Surrender of Property. Tenant shall not be obligated to return the Property to the state in which the Property existed prior to the execution of this lease. Tenant shall, upon expiration or earlier termination of this Lease, surrender the Property and offer to dedicate any and all improvements made to the Property to the ownership of the City, without cost or expense to the City. U I1 I ► I 101 OF.1►[o W.11►I OR 7 D17117.y 8.1 Maintenance and Repair. Tenant at its cost shall maintain the Property and all Leasehold Improvements in good condition and repair and free from weeds, debris and rubbish. The City shall be responsible for exterior capital improvements. ���Nnmv I I Xy1101W 04 z•A cy Oki 9.1 Utilities. Tenant acknowledges that City has not made any representation to Tenant regarding the availability of all communications utilities to the Property and that Tenant is relying solely on its own knowledge and investigations regarding the availability of such utilities to the Property. Tennant shall pay the appropriate suppliers for all water, gas, and electrical service, used by Tenant on the Property during the Term. 9.2 Services. Tenant shall make all arrangements for and pay for services furnished to or used by it in the ordinary course of its use of the Property, including, without limitation, janitorial service, hazardous materials disposal, and pest extermination. The City shall provide security alarm service, telephone and trash collection, subject to the limitations described in Section 9.1. The City will be responsible for the exterior landscape maintenance building infrastructure and major capital building repairs, such as roofing, plumbing, etc. 10. TAXES 10.1 Possessory Interest Tax. No fee interest in real property is hereby conveyed; however, by the execution of this Lease and accepting the benefits thereof, a property interest known as "possessory interest" may be created and such property interest will be subject to property taxation. Tenant, as the party to whom the possessory interest is vested, shall be responsible for the payment of all property taxes levied upon such interest. Tenant acknowledges that the notice required under California Revenue and Taxation Code Section 107.6 has been provided. 10.2 Personal Property Taxes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's Leasehold Improvements, equipment, furniture, fixtures and personal property located in or upon the Property. 11. INSURANCE AND INDEMNIFICATION 11.1 Indemnity. Tenant shall at all times relieve, defend, indemnify, protect and save harmless City and any and all of its elected and appointed officials, officers, agents and employees from any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever for death of or injury to any person or persons or damage to property including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused directly or indirectly by: 11.1.1 Any dangerous, hazardous, unsafe or defective condition of, in or on the Property, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Property by Tenant, its officers, agents, employees, sublessees, licensees or invitees; 11. 1.2 Any operation conducted upon or any use or occupation of the Property by Tenant, its officers, agents, employees, sublessees, licensees or invitees under or pursuant to the provisions of this Lease or otherwise; 11. 1.3 Any act, omission or negligence of Tenant, its officers, agents, employees, sublessees, licensees or invitees, regardless of whether any act, omission or negligence of City its officers, agents or employees contributed thereto; or 11. 1.4 Any failure of Tenant, its officers, agents or employees to comply with any of the provisions or conditions of this Lease or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. 11.2 Liability Insurance - Tenant. Tenant shall, at Tenant's sole cost and expense, procure and maintain in force during the Term and as may be necessary thereafter to satisfy Tenant's obligations under this Lease, including, but not limited to, the defense, indemnity and hold harmless provisions hereof, maintain (a) if required by law, Worker's Compensation Insurance in amounts and as otherwise required by law with a waiver of subrogation as to City, and (b) comprehensive general liability covering all its operations on or related to the Property, in an amount not less than one million dollars ($1,000,000.00) combined single limit, and should automobiles be used during the term of this Lease (c) automotive liability in an amount not less than one million dollars ($1,000,000.00), which policies shall provide coverage to City as additional insured to the same extent as the named insured but only as respects the operations of Tenant. All such insurance policies shall be procured and maintained through an insurance broker and company acceptable to City (which acceptance shall not be unreasonably withheld) and, shall provide for at least thirty (30) days' prior written notice to City of cancellation, termination, or material change, and shall contain standard cross -liability endorsements allowing City to recover under the policies notwithstanding that it is an additional insured. Certified copies of such insurance policies or certificates of insurance and copies of endorsements evidencing that such insurance is in effect shall at all times be supplied to City. Tenant shall immediately notify City of any lapse, termination, cancellation or material change, actual or contemplated, of such policies. Without limiting other provisions of this Lease, such policies shall be sufficient to insure the defense, indemnity and hold harmless provisions of this Lease. Insurance requirements shall be subject to reasonable revision by City in the event Tenant's activities change to such an extent as to make additional protection necessary. For purposes of this Section 12.2, "operations of Tenant" shall include, but not be limited to, the acts or omissions of Tenant and Tenant's contractors, agents, employees, guests or invitees. 11.3 Adjustment Of Insurance Levels City reserves the right at any time during the Term of this Lease to change the amounts and types of insurance required hereunder upon giving Tenant three (3) months prior written notice. 12. DEFAULT BY TENANT 12.1 Default By Tenant. The occurrence of any one or more of the following events shall constitute an Event Of Default hereunder by Tenant: 12.1.1 Abandonment. The abandonment of the Property by Tenant, as defined in California Civil Code section 1951.3. However, any notice of belief of abandonment shall be served not less than thirty (30) calendar days prior to the termination date set forth in such notice. Tenant may, at its sole option and upon written notice to City, allow the Property, or any portion thereof, to become or remain vacant without such vacancy constituting an abandonment, subject to compliance with reasonable requests of City related to the security of the Property. 12.1.2 Material Breach Of Lease Provisions. The failure by Tenant to observe or perform any of the covenants or provisions of this Lease to be performed by Tenant, where such failure shall continue for a period of ten (10) calendar days after written notice thereof from City to Tenant specifying the nature of such failure or such longer period as is reasonably necessary to remedy such default, provided that Tenant shall continuously and diligently pursue such remedy at all times until such default is cured. All notices to be delivered hereunder are in addition to, and not in lieu of, the notice requirements of California Code of Civil Procedure section 1161. 12.2 City's Remedies. If an Event of Default by Tenant has occurred, the City may at any time thereafter, with ten (10) calendar days written notice or demand, and without limiting City in the exercise of any right or remedy at law or in equity which City may have by reason of such default, including, without limitation, the remedies provided by California Civil Code sections 1951,2m 1951,4 [lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonably limitations] and 1951.5, take any of the following actions: (1) terminate the lease effective immediately; (2) reenter and retake possession of the Property and all alterations and improvements thereto; and/or (3) take any action reasonably necessary to secure the Property and/or cure any Event of Default. Any charge, cost, fee, or expense (including reasonable attorneys' fees and costs) incurred by the City in taking any of the actions or exercising any right or remedy identified in this section shall be paid by Tenant to City within 30 days of written demand. 12.3 City's Cumulative Rights; No Waiver Of Default. Except where otherwise provided, all rights, options and remedies of City contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law or in equity, whether or not stated in this Lease. No waiver of any default by Tenant hereunder shall be implied from any acceptance by City of any rent or other payments due hereunder or any omission by City to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than as specified in said waiver. The consent or approval of City to any act by Tenant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent or approval to any subsequent similar acts by Tenant. 13. ASSIGNMENT AND SUBLEASE 13.1 Assignment Or Sublease. This Lease may not be assigned, encumbered or subleased unless the assignment, encumbrance or sublease shall be to an approved assignee or delegee of the contract pursuant to which the parties have entered into this Lease in which case Tenant may assign, encumber or sublease this Lease upon receipt of City's consent, which shall not be unreasonably withheld or delayed beyond thirty (30) days after receipt of Tenant's request. As a part of its reasonable consent, City may require that each assignee, subtenant, or other transferee agree to an amendment of this Lease imposing any other reasonable provisions and conditions that City may request. Any assignment, encumbrance or sublease without City's prior written consent shall be void and of no force and effect. 13.2 Continued Obligation Of Tenant. Consent by City to any assignment or subletting by Tenant shall not relieve Tenant of any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, assignment or subletting. The consent by City to any assignment or subletting shall not relieve Tenant from the obligation to obtain City's express written consent to any other assignment or subletting. The acceptance of rent by City from any other person shall not be deemed to be a waiver by City of any provision of this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment, subletting or other transfer shall not be deemed to constitute consent to any subsequent assignment, subletting or other transfer. 14. NOTICES 14.1 Notices. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands shall be personally delivered (including by means of professional messenger service), sent by United States registered or certified mail, postage prepaid, return receipt requested, or transmitted by telecopier (e.g., Fax), in which case the receiving party shall immediately confirm receipt of such notice. All notices are effective upon receipt. For the purposes of such notices, the addresses for the parties are set forth in Section 14.2 below. Either party may from time to time designate another person or place in a notice. 14.2 Notices - Where Sent. All notices given under this Lease which are mailed shall be addressed to the respective parties as follows: To City: with a copy of any notice to: City of Atascadero Office of the City Attorney c/o City Manager Burke Williams and Sorensen, LLP 6907 El Camino Real 2310 E. Ponderosa Drive Suite 25 Atascadero, California 93422 Camarillo, California 93010 To Tenant: Fax: 15. MISCELLANEOUS PROVISIONS 15.1 Binding Effect. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 15.2 Captions. The titles or captions of all Articles, Sections, or Paragraphs are for convenience and reference only, are not intended to define or limit the scope of any provisions of this Lease, and shall have no effect on the interpretation of any provision of this Lease. 15.3 Conflict Of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 15.4 Covenants And Agreements. The failure of City or Tenant to insist in any instance on the strict keeping, observance or performance of any covenant or agreement contained in the Lease, or the exercise of any election contained in the Lease shall not be construed as a waiver or relinquishment for the future keeping, observance or performance of such covenant or agreement, but the same shall continue and remain in full force and effect. 15.5 Exhibits - Incorporation In Lease. All exhibits referred to are attached to this Lease and incorporated by reference. 15.6 Partial Invalidity. If any provision or condition contained in this Lease shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision or condition to persons or circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and each and every other provision and condition of this Lease shall be valid and enforceable to the fullest extent possible permitted by law. 15.7 Waiver. The waiver by City of any breach of any provision, covenant or condition shall not be deemed a waiver of such provision, covenant or condition, or any subsequent breach of the same, or any other provision, covenant or condition of this Lease. 15.8 Sole and Entire Agreement: This Lease constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This Lease correctly sets forth the obligations of the parties hereto to each other as of the date of this Lease. All agreements or representations respecting the subject matter of this Lease not expressly set forth or referred to in this Lease are null and void. No amendment, alteration, modification of, or addition to the Lease will be valid or binding unless set forth in writing and signed by City and Tenant. IN WITNESS WHEREOF, CITY OF ATASCADERO, a municipal corporation, acting by and through its Mayor and City Manager, Landlord herein, and Austin Miller have caused this Lease to be executed as of the date of the last signatory hereto. The last signatory shall cause such date to be entered in the space provided in Section 1.1 of this Lease if that space is blank, although such date shall be deemed to be the aaie of ims Lease in any case. APPROVED AS TO FORM: TENANT: City Attorney By: By Esteem, Austin Miller City Attorney DATE: DATE: LANDLORD: CITY OF ATASCADERO, a municipal corporation, acting by and through its City Manager By: Wade McKinney, City Manager DATE: ATTEST: City Clerk By DATE: