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Home My WebLink About080911 - Agenda Packet 080911 . yl 'a`$ i979CITY OF A TA SCA DERO CITY COUNCIL "AMENDED AGENDA" **Item added to Closed Session, and starting time changed to 5:15 p.m.** Tuesday, August 9, 2011 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:15 p.m. City Council Regular Session: 6:00 p.m. CITY COUNCIL CLOSED SESSION: 5:15 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property Address: 6700 EI Camino Real, Atascadero, CA City Negotiator: Wade McKinney, City Manager Negotiating Parties: Jimmie D. Shores Under Negotiation: Instruction to negotiator will concern price and terms of payment. b. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property Address: 6760 EI Camino Real, Atascadero, CA City Negotiator: Wade McKinney, City Manager Negotiating Parties: Hubert W. Laprade Under Negotiation: Instruction to negotiator will concern price and terms of payment. c. Public Employee Appointment (Govt. Code Sec. 54957) Title: Police Chief 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Sturtevant ROLL CALL: Mayor O'Malley Mayor Pro Tem Kelley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Disaster Response Trailer Fundraiser Update and Recognition of Donors 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 Council 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 Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes —June 28, 2011 ■ Recommendation: Council approve the City Council Draft Action Minutes of June 28, 2011. [City Clerk] 2. June 2011 Accounts Payable and Payroll ■ Fiscal Impact: $1,843,819.11. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2011. [Administrative Services] 3. Designation of Voting Delegate - League of California Cities' Annual Conference ■ Fiscal Impact: None. ■ Recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2011, and direct the City Clerk to inform the League of the designation. [City Clerk] 4. Amendment to Lease Agreement with NCI Affiliates, Inc. for the Operation of the Cafe at the Colony Park Community Center ■ Fiscal Impact: Approval of this amendment will have a fiscal impact on the City of $2,400 per year for the next two years. ■ Recommendation: Council authorize the City Manager to execute the Amendment to Lease Agreement maintaining the monthly rent at $300 per month for the remainder of the lease term, and keeping all other terms and conditions the same. [Community Services] 5. Amendment to Lease Agreement Removing the Atascadero Historical Society as a Party to the Lease for Use of the Lake Pavilion Basement by the Boys Scouts of America ■ Fiscal Impact: None. ■ Recommendation: Council authorize the City Manager to execute the Amendment to Lease Agreement omitting the Atascadero Historical Society from the lease, and keeping all other terms and conditions the same. [Community Services] 6. Supplemental Law Enforcement Services Fund Reallocation ■ Fiscal Impact: None. ■ Recommendation: Council reallocate encumbered 2008/2009, 2009/2010 and 2010/2011 Supplemental Law Enforcement Services Fund (SLESF) monies in the amount of $42,560 to be utilized for the purchase of radio equipment and records management system (RMS) software upgrade. [Police] 7. Enhanced 9-1-1 System and Center Upgrades ■ Fiscal Impact: No net impact on the General Fund. General Fund expenditures in the amount of $154,000 will be reimbursed by the State of California's 9-1-1 Program. ■ Recommendations: Council: 1. Approve and appropriate the use of $154,000 in California 9-1-1 Emergency Communications Office funding for upgrades to the Public Safety Communications Center in accordance with the spending plan; and, 2. Approve purchase from, and authorize the City Manager to execute a contract with, Vesta Pallas for Version 5.0 Software Upgrade and a five-year software maintenance contract for the Communications Center at a cost of $66,498.52; and, 3. Authorize the Director of Administrative Services to make budget adjustments increasing revenues and expenses in the amount of $154,000. [Police] 8. Old Morro Road Slope Repair Award (City Bid No. 2011-007) ■ Description: Repair of the existing landslide along Old Morro Road just south of the intersection with State Route 41 ■ Fiscal Impact: $88,390 in budgeted local transportation funds. ■ Recommendation: Council: 1. Authorize the City Manager to execute a contract for $88,390.00, with M. Switzer Excavating to construct the Old Morro Road Slope Repair; and, 2. Authorize the Public Works Director to file a notice of completion after the project is finished. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson(o)_atascadero.orq.) B. PUBLIC HEARINGS: 1. Proposed Urgency Ordinance and a Regular Ordinance Pertaining To Compliance with ABX1 27 - Voluntary Alternative Redevelopment Program ■ Fiscal Impact: The estimated payments required of the City to participate in the Alternative Voluntary Redevelopment Program are $1,516,774.00 in FY 2011-12 and $400,000 per year in succeeding fiscal years. ■ Recommendations: Council: 1. Adopt the Draft Urgency Ordinance determining to comply with the Alternative Voluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Atascadero Redevelopment Agency; AND, 2. Introduce for first reading by title only, the Draft Ordinance determining to comply with the Alternative Voluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Atascadero Redevelopment Agency; AND, 3. Authorize the City Manager to file an appeal to the State of California if City staff finds that the amount of the "community remittance" calculated by the State is subject to appeal. [City Attorney] C. MANAGEMENT REPORTS: 1. Presentation by the Central Coast Zoological Society to Create a Proposed Assessment District to Support the Charles Paddock Zoo ■ Fiscal Impact: The Zoological Society Study on the possible creation of an assessment district to support the Zoo will have no fiscal impact on the City. A Zoo assessment district would have a significant positive fiscal impact on the City. ■ Recommendation: Council authorize the Central Coast Zoological Society to explore the creation of an Assessment District to support the Charles Paddock Zoo. [Community Services] 2. East Mall Pedestrian Bridge Access - Approval of Purchase Agreement for 5901 East Mall Lot 14, Block OL (City of Atascadero) ■ Description: Request for authorization to purchase property from Robert and Elise Olson ■ Fiscal Impact: The purchase of the lot would result in the expenditure of $124,000 for the property. There will also be some addition title and escrow fees due at closing. ■ Recommendation: Council authorize the City Manager to execute a Purchase Agreement with Robert and Elise Olson in the amount $124,000 for the purchase of a 2,500 square foot, vacant lot at 5901 East Mall, Atascadero, deemed necessary for adequate public access to the proposed Atascadero Creek pedestrian bridge. [City Manager] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council 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 Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. League of California Cities — CITIPAC Board Member 5. SLO Council of Governments (SLOCOG) 6. SLO Regional Transit Authority (SLORTA) Mayor Pro Tem Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. City of Atascadero Design Review Committee 4. City of Atascadero Finance Committee 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City/ Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing amended agenda for the August 9, 2011 Regular Session of the Atascadero City Council was posted on August 4, 2011, at the 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 4 1 day of August, 2011, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATA SCA DERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council 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 City Clerk's office. 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 City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification 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 SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 08/09/11 R FT - y 1818 R 1979 \ CAD]Ro CI TY OF A TA SCA DERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, June 28, 2011 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5:15 P.M. Community Redevelopment 6:00 P.M. Agency Meeting: City Council Immediately following the Regular Session: conclusion of the Community Redevelopment Agency meeting CITY COUNCIL CLOSED SESSION: 5:15 P.M. Mayor O'Malley announced that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION CC Draft Action Minutes 06/28/11 Page 1 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property Address: 5901 East Mall, Atascadero, CA City Negotiator: Wade McKinney, City Manager Negotiating Parties: Robert E. and Elise G. Olson Under Negotiation: Instruction to negotiator will concern price and/or terms of payment. b. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property Address: 6700 EI Camino Real, Atascadero, CA City Negotiator: Wade McKinney, City Manager Negotiating Parties: Jimmie D. Shores Under Negotiation: Instruction to negotiator will concern price and/or terms of payment. c. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property Address: 6760 EI Camino Real, Atascadero, CA City Negotiator: Wade McKinney, City Manager Negotiating Parties: Hubert W. Laprade Under Negotiation: Instruction to negotiator will concern price and/or terms of payment. 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken. REDEVELOPMENT AGENCY: 6:00 P.M. REGULAR SESSION — CALL TO ORDER: Immediately following the conclusion of the Community Redevelopment Agency meeting Mayor O'Malley called the meeting to order at 6:08 p.m. and Council Member Clay led the Pledge of Allegiance. CC Draft Action Minutes 06/28/11 Page 2 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 ROLL CALL: Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem Kelley and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Acting Police Chief Steve Gesell, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Roll Call MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Kelley to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATION: 1. Commendation to Atascadero High School Greyhound Revolutionary Robotics Team on Their World Championship Sean Murphy, Team Captain, gave a presentation of their robot and the City Council presented the team a proclamation recognizing their achievements. A. CONSENT CALENDAR: 1. Historic City Hall Project Bid Awards: ACH-11 Structural Steel and Miscellaneous Metals and ACH-20 Electrical ■ Fiscal Impact: The total fiscal impact of these awards is $1 ,256,757 in budgeted City Hall Project Funds, including funding from FEMA, CalEMA and the Community Redevelopment Agency of Atascadero. ■ Recommendations: Council 1. Award bid to, and authorize the City Manager to execute a contract with,Shollenbarger-Borello, dba Golden State Steel, in the amount of $494,300 base bid for the ACH-11 Structural Steel and Miscellaneous Metals construction services for the Historic City Hall Project, and direct staff to work with the contractor to value engineer the ladder and catwalk portion of the work; and, CC Draft Action Minutes 06/28/11 Page 3 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 2. Award bid to, and authorize the City Manager to execute a contract with, Taft Electric in the amount of $762,457 base bid for the ACH-20 Electrical construction services for the Historic City Hall Project; and, 3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of each project. [Administrative Services] 2. Parking & Business Improvement Area (PBIA) Assessment ■ Description: The annual PBIA assessment has been set at 0.00. ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for July 12, 2011. [City Manager] 3. Annual Road Striping and Pavement Marking Award ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $ 73,903.47 for Fiscal Year 2011-12 and $ 73,903.47 for Fiscal Year 2012-13. The expense for these services will be charged to allocated funds in the Street Maintenance Division budget. ■ Recommendation: Council authorize the City Manager to execute a contract with Toste Construction, Inc. in the amount of $ 147,806.94 for two years of annual road striping and pavement marking services. [Public Works] 4. Qualified Firms List — Professional Services ■ Fiscal Impact: There is no fiscal impact from establishing these pre- qualified firm lists. The costs of engineering services are billed directly to the capital project or budgeted accounts for contracted services. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for professional services with firms on the Engineering Services - Qualified Firms List— June 2011. [Public Works] 5. Downtown Landscape Maintenance Services Award ■ Fiscal Impact: Approval of the agreement with Gilbert's Landscapes will result in the annual expenditure of $ 16,068.00 in Redevelopment Agency funds specifically allocated for landscape maintenance services. ■ Recommendation: Council authorize the City Manager to execute a two- year agreement with Gilbert's Landscapes for landscape maintenance services in the Atascadero Downtown Area. [Public Works] 6. AtascaderoTransit Fixed Route Service - Cuesta College Subsidized Ridership • Fiscal Impact: It is anticipated that, due to the elimination of the North County Shuttle service and the inclusion of SLORTA in the subsidy agreement, revenue could drop 75% or more, or approximately $15,300. CC Draft Action Minutes 06/28/11 Page 4 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 ■ Recommendations: Council: 1. Adopt a Memorandum of Understanding (MOU) between the City of Atascadero, the City of EI Paso de Robles and the San Luis Obispo Regional Transit Authority (SLORTA) regarding coordination of fixed route transit services and Cuesta College subsidized ridership; and, 2. Adopt a North County Regional Cooperative Transit Agreement between the City of Atascadero, the City of EI Paso de Robles, the San Luis Obispo Regional Transit Authority and the San Luis Obispo County Community College District (Cuesta College). [Public Works] MOTION: By Council Member Clay and seconded by Mayor Pro Tem Kelley to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-1.1: Contract No. 2011-022, #A-1.2: Contract No. 2011-023, #A-2: Resolution No. 2011-056, #A-3: Contract No. 2011-024, #A-5: Contract No. 2011- 025, #A-6.1: Contract No. 2011-026, #A-6.2: Contract No. 2011- 027) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney gave an update on projects and issues within the City. COMMUNITY FORUM: None B. PUBLIC HEARINGS: 1. PPN 2004-0141 Amendment - Atascadero City Hall Repair and Rehabilitation Proiect - Certification of Amended Mitigated Negative Declaration (City of Atascadero) ■ Ex Parte Communications: ■ Fiscal Impact: Removal of the two deodar cedar trees would cost less than saving the trees, with a net saving of least $57,000 in project costs. ■ Recommendation: Council adopt Draft Resolution A, certifying an amendment to Mitigated Negative Declaration 2006-0038 for the Atascadero City Hall Repair Project, which includes the removal of the remaining two (2) deodar cedar trees on Palma with incorporated mitigation. [Community Development] Community Development Assistant Planner Callie Taylor gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem Kelley and seconded by Council Member Clay to adopt Draft Resolution A, certifying an amendment to Mitigated Negative Declaration 2006-0038 for the Atascadero CC Draft Action Minutes 06/28/11 Page 5 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 City Hall Repair Project, which includes the removal of the remaining two (2) deodar cedar trees on Palma with incorporated mitigation. Motion passed 5:0 by a roll-call vote. (Resolution No. 2011- 057) 2. PLN 2011-1404 - AUP 2011-0051 - Downtown Wayfinding Signage ■ Ex Parte Communications: ■ Fiscal Impact: The estimated cost to purchase a total of two (2) illuminated decorative street signs and four (4) kiosks as designed is approximately $48,118.63 of Blight Elimination Funds. It is estimated that yearly maintenance for the proposed wayfinding signage is approximately $500. ■ Recommendations: Council: 1. Adopt Draft Resolution A approving PLN 2011-1404/AUP 2011-0051 permitting the installation of six (6) illuminated wayfinding signs in the Downtown along EI Camino Real, Entrada Avenue and Traffic Way; and, 2. Authorize an exemption of the formal bidding process in accordance with Section II 3.1.h.4 of the City of Atascadero Purchasing Policy and award the purchase of a total of two (2) illuminated decorative street signs and four (4) kiosks as designed to Signs of Success, Inc. for $48,118.63. [Community Development] Community Development Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Steve Martin. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Kelley to: 1. Adopt Draft Resolution A approving PLN 2011-1404/AUP 2011-0051 permitting the installation of six (6) illuminated wayfinding signs in the Downtown along EI Camino Real, Entrada Avenue and Traffic Way; and, 2. Authorize an exemption of the formal bidding process in accordance with Section II 3.1.h.4 of the City of Atascadero Purchasing Policy and award the purchase of a total of two (2) illuminated decorative street signs and four (4) kiosks as designed to Signs of Success, Inc. for $48,118.63. Motion passed 5.0 by a roll-call vote. (Resolution No. 2011- 058) CC Draft Action Minutes 06/28/11 Page 6 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 C. MANAGEMENT REPORTS: 1. Atascadero Lake Park - Veterans Memorial Monument Sign Options Selection ■ Fiscal Impact: No fiscal impact to the City as the Veterans Memorial Monument granite sign will be funded by the Foundation. ■ Recommendation: Council review, modify and/or approve one of two Faces of Freedom Veterans Memorial monument sign options, presented by the Atascadero Veterans Memorial Foundation, for installation at the Atascadero Lake Park adjacent to SR41. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Jimmy Quinonez, Chuck Ward, Mark Dariz, and Mark Greenaway. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Kelley to approve Option #2, minus the planter, presented by the Atascadero Veterans Memorial Foundation, for installation at the Atascadero Lake Park adjacent to SR41. Motion passed 5:0 by a roll-call vote. 2. Memorandums of Understanding for the Atascadero Police Officers Association, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600 and Resolution for Non-Represented Professional and Management Workers and Confidential Employees; Adoption of Two-Tier Pension System and Employee Contributions to PERS ■ Fiscal Impact: The MOUs will result in a budget savings of nearly $300,000 annually. ■ Recommendation: Council approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid- Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600, and adopt the Draft Resolution for Non- Represented Professional and Management Workers and Confidential Employees. [City Manager] CC Draft Action Minutes 06/28/11 Page 7 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Mike Woods, Tom Jameson, Cory Meyer, Mark Russo, Bill White, Caleb Davis, Dave Muehlhausen, Jim Shannon, Joan O'Keefe, and Karyn Sturtevant. Mayor O'Malley closed the Public Comment period. MOTION: By Mayor O'Malley and seconded by Council Member Clay to approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid- Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600, and adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees. Motion passed 5:0 by a roll-call vote. (Police Officers Association — Contract No. 2011-028, Mid- Management/Professional Employees Association — Contract No. 2011-029, Service Employees International Union Local 620 — Contract No. 2011-030, Atascadero Professional Firefighters Association Local 3600 — Contract No. 2011-031, Non-Represented Professional and Management Workers and Confidential Employees — Resolution No. 2011-059) 3. Staffing for Adequate Fire and Emergency Response (SAFER) Grant ■ Fiscal Impact: Addition of $206,737 in grant revenues and addition of $206,737 in firefighter salary and benefit expenditures. Although there is no net fiscal effect on the General Fund bottom line, the City will be receiving the services of an additional firefighter for two years providing a service gain for the City. ■ Recommendation: Council approve and accept the SAFER Grant [Fire] Fire Chief Kurt Stone gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem Kelley and seconded by Council Member Fonzi to approve and accept the SAFER Grant. Motion passed 5:0 by a roll-call vote. CC Draft Action Minutes 06/28/11 Page 8 of 9 ITEM NUMBER: A- 1 DATE: 08/09/11 COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Manor O'Malley 1. County Mayors Round Table — Meeting is in Morro Bay next week. Council Member Fonzi 1. City of Atascadero Design Review Committee — Reviewed the proposal of Dr. Cottrell to re-locate at Colony Square. 2. SLO Local Agency Formation Commission (LAFCo) — LAFCo is recommending that the Atascadero Sphere of Influence be maintained as it has been up to now, which would include Eagle Ranch. E. INDIVIDUAL DETERMINATION AND / OR ACTION: City Clerk Announced that she has advertised the vacancy on the Parks and Recreation Commission and has received one application. She will notify the Council when interviews are scheduled. F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 8:51 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager CC Draft Action Minutes 06/28/11 Page 9 of 9 ITEM NUMBER: A- 2 DATE: 08/09/11 Atascaderc City Council Staff Report - Administrative Services Department June 2011 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2011. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 6/9/11 Checks # 28831 - 28859 $ 13,942.21 Direct Deposits 237,707.62 Dated 6/23/11 Checks # 28860 - 28898 19,373.22 Direct Deposits 245,085.56 Accounts Payable Dated 6/1/11 - 06/30/11 Checks # 129032 - 129342 & EFTs 963 - 972 1,327,710.50 TOTAL AMOUNT $ 1,843,819.11 FISCAL IMPACT: Total expenditures for all funds is $ 1,843,819.11 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands i ( ' i Rach le Rickard, Director of Administrative Services ATTACHMENT: June 2011 Eden Warrant Register in the amount of $ 1,327,710.50 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129032 06/03/2011 KEITH AGGSON Accounts Payable Check 380.00 129033 06/03/2011 AIR CONTROL Accounts Payable Check 50.00 129034 06/03/2011 A-JAY EXCAVATING, INC. Accounts Payable Check 1,285.00 129035 06/03/2011 AMERICAN MARBORG Accounts Payable Check 53.69 129036 06/03/2011 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 278.19 129037 06/03/2011 AMI PIPE&SUPPLY Accounts Payable Check 577.21 129038 06/03/2011 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 238.80 129039 06/03/2011 AQUAMARK POOL CARE Accounts Payable Check 83.21 129040 06/03/2011 ARAMARK UNIFORM SERVICES Accounts Payable Check 540.37 129041 06/03/2011 AT&T Accounts Payable Check 848.03 129042 06/03/2011 AT&T Accounts Payable Check 84.32 129043 06/03/2011 AT&T Accounts Payable Check 263.84 129044 06/03/2011 ATAS COMM REDEV AGENCY Accounts Payable Check 31,133.00 129045 06/03/2011 ATASCADERO HAY& FEED Accounts Payable Check 1,870.71 129046 06/03/2011 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 675.00 129047 06/03/2011 ATASCADERO NEWS Accounts Payable Check 2,185.00 129048 06/03/2011 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00 129049 06/03/2011 AW DIRECT, INC. Accounts Payable Check 432.19 129050 06/03/2011 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 40.87 129051 06/03/2011 MATHEW L. BAXTER Accounts Payable Check 108.00 129052 06/03/2011 BERRY MAN, INC. Accounts Payable Check 352.05 129053 06/03/2011 TOM BIRKENFELD Accounts Payable Check 400.00 129054 06/03/2011 BOETHINGTREELAND FARMS, INC. Accounts Payable Check 1,039.85 129055 06/03/2011 BREZDEN PEST CONTROL, INC. Accounts Payable Check 88.00 129056 06/03/2011 CASEY BRYSON Accounts Payable Check 400.00 129057 06/03/2011 BURTON'S FIRE, INC. Accounts Payable Check 596.76 129058 06/03/2011 BUTLER BUSINESS MACHINES Accounts Payable Check 139.64 129059 06/03/2011 KATE CAPELA Accounts Payable Check 34.76 129060 06/03/2011 CASH Accounts Payable Check 35.00 129061 06/03/2011 CHARTER COMMUNICATIONS Accounts Payable Check 307.27 129062 06/03/2011 BRADY CHERRY Accounts Payable Check 300.00 129063 06/03/2011 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 80.00 129064 06/03/2011 KATHLEEN J.CINOWALT Accounts Payable Check 185.50 129065 06/03/2011 CLASSIC COACH WERKS Accounts Payable Check 366.96 129066 06/03/2011 COAST ELECTRONICS Accounts Payable Check 300.00 129067 06/03/2011 COAST RIDERS POWERSPORTS Accounts Payable Check 418.25 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129068 06/03/2011 COASTAL COPY, LP Accounts Payable Check 107.04 129069 06/03/2011 COUNTY AUDITOR-CONTROLLER Accounts Payable Check 66.50 129070 06/03/2011 CROP PRODUCTION SERVICES Accounts Payable Check 648.10 129071 06/03/2011 CRYSTAL SPRINGS WATER Accounts Payable Check 78.18 129072 06/03/2011 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00 129073 06/03/2011 DALZELL ENTERPRISES Accounts Payable Check 55.00 129074 06/03/2011 DARRYUS LOCK AND SAFE Accounts Payable Check 266.30 129075 06/03/2011 DAVE'S AUTOMOTIVE Accounts Payable Check 50.00 129076 06/03/2011 DANIELA. DAVIS Accounts Payable Check 388.50 129077 06/03/2011 DECOU LUMBER COMPANY Accounts Payable Check 121.17 129078 06/03/2011 ASHLEY H. DOOLEY Accounts Payable Check 108.00 129079 06/03/2011 DOWNEY BRAND, LLP Accounts Payable Check 5,227.50 129080 06/03/2011 DRIVE CUSTOMS Accounts Payable Check 205.94 129081 06/03/2011 EARTH SYSTEMS PACIFIC Accounts Payable Check 605.00 129082 06/03/2011 ECS IMAGING, INC. Accounts Payable Check 8,953.00 129083 06/03/2011 ED'S FLY MEAT, INC. Accounts Payable Check 45.00 129084 06/03/2011 KEITH J. FALERIOS Accounts Payable Check 35.00 129085 06/03/2011 FARM SUPPLY COMPANY Accounts Payable Check 64.92 129086 06/03/2011 FERRELL'S AUTO REPAIR Accounts Payable Check 302.70 129087 06/03/2011 FGL ENVIRONMENTAL Accounts Payable Check 186.00 129088 06/03/2011 FIRST STRING SPORTS Accounts Payable Check 1,630.41 129089 06/03/2011 FIRSTLINE GLOVES, INC. Accounts Payable Check 584.55 129090 06/03/2011 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 1,563.74 129091 06/03/2011 WARREN FRACE Accounts Payable Check 300.00 129092 06/03/2011 FRAZEE INDUSTRIES, INC. Accounts Payable Check 89.59 129093 06/03/2011 GAS COMPANY Accounts Payable Check 761.64 129094 06/03/2011 GEM AUTO PARTS Accounts Payable Check 600.98 129095 06/03/2011 GIBSON'S ARCHAEOLOGICAL CONSUL Accounts Payable Check 2,926.00 129096 06/03/2011 H.D. PETERSON Accounts Payable Check 144.50 129097 06/03/2011 SCOTT HALLETT Accounts Payable Check 400.00 129098 06/03/2011 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 63.98 129099 06/03/2011 MELINDAA. HARTMAN Accounts Payable Check 207.60 129100 06/03/2011 HARVEY'S HONEYHUTS Accounts Payable Check 496.17 129101 06/03/2011 NATHAN HASCH Accounts Payable Check 400.00 129102 06/03/2011 CHRIS HOREJSI Accounts Payable Check 145.00 129103 06/03/2011 JENNIFER R.HORN Accounts Payable Check 201.60 129104 06/03/2011 ERIK W. HUBER Accounts Payable Check 162.00 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129105 06/03/2011 IN THE SWIM Accounts Payable Check 137.93 129106 06/03/2011 CAROL D. JANSSEN Accounts Payable Check 312.00 129107 06/03/2011 JIFFY LUBE Accounts Payable Check 77.98 129108 06/03/2011 JK'S UNLIMITED Accounts Payable Check 1,836.28 129109 06/03/2011 LANDSCAPES BY STACH Accounts Payable Check 690.00 129110 06/03/2011 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 1,599.21 129111 06/03/2011 LEHIGH HANSON Accounts Payable Check 5.34 129112 06/03/2011 JAMES R. LEWIS Accounts Payable Check 250.00 129113 06/03/2011 LIFE ASSIST, INC. Accounts Payable Check 552.23 129114 06/03/2011 THOMAS LITTLE Accounts Payable Check 400.00 129115 06/03/2011 ANDREW LUERA Accounts Payable Check 400,00 129116 06/03/2011 MADRONE LANDSCAPES, INC. Accounts Payable Check 23,279.00 129117 06/03/2011 MAINLINE UTILITY CO. Accounts Payable Check 2,925.00 129118 06/03/2011 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 1,551.83 129119 06/03/2011 DAN MCGAULEY Accounts Payable Check 400.00 129120 06/03/2011 WADE MCKINNEY Accounts Payable Check 500.00 129121 06/03/2011 MID-COAST FIRE PROTECTION, INC Accounts Payable Check 1,690.00 129122 06/03/2011 MID-COAST MOWER&SAW, INC. Accounts Payable Check 239.52 129123 06/03/2011 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 537.50 129124 06/03/2011 MINER'S ACE HARDWARE Accounts Payable Check 854.62 129125 06/03/2011 MATTHEW J. MIRANDA Accounts Payable Check 400.00 129126 06/03/2011 MISSION UNIFORM SERVICE Accounts Payable Check 188.04 129127 06/03/2011 NAVAJO ROCK&BLOCK Accounts Payable Check 479.81 129128 06/03/2011 NCI AFFILIATES, INC Accounts Payable Check 418.75 129129 06/03/2011 PAUL NETZ Accounts Payable Check 400.00 129130 06/03/2011 NORTH COUNTY APHALT Accounts Payable Check 970.00 129131 06/03/2011 OFFICE DEPOT INC. Accounts Payable Check 567.86 129132 06/03/2011 OUTLET TOOL SUPPLY Accounts Payable Check 350.64 129133 06/03/2011 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 54.60 129134 06/03/2011 PACIFIC GAS AND ELECTRIC Accounts Payable Check 16,755.99 129135 06/03/2011 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 497.62 129136 06/03/2011 CASEY J. PATTERSON Accounts Payable Check 1,600.00 129137 06/0312011 DEAN PERICIC Accounts Payable Check 380.00 129138 06/03/2011 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 208.86 129139 06/03/2011 TOM PETERSON Accounts Payable Check 400.00 129140 06/03/2011 PETTY CASH-FIRE DEPARTMENT Accounts Payable Check 31.43 129141 06/03/2011 PFEIFFER PARTNERS, INC. Accounts Payable Check 22,922.32 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129142 06/03/2011 JASON M. PLATZ Accounts Payable Check 76.00 129143 06/03/2011 PROCARE JANITORIAL SUPPI_YJNC. Accounts Payable Check 380.01 129144 06/03/2011 RACO Accounts Payable Check 527.12 129145 06/03/2011 RACHELLE RICKARD Accounts Payable Check 500.00 129146 06/03/2011 ROB DAVIS BACKHOE Accounts Payable Check 3,250.00 129147 06/03/2011 MICHELLE R. ROGERS Accounts Payable Check 294.00 129148 06/03/2011 ROSSI TRANSPORT SERVICE Accounts Payable Check 319.34 129149 06/03/2011 RUSSCO Accounts Payable Check 238.62 129150 06/03/2011 SAN LUIS AUTO GLASS &TINT Accounts Payable Check 259.12 129151 06/03/2011 SAN LUIS PERSONNEL INC. Accounts Payable Check 936.08 129152 06/03/2011 SCOTT SATTERTHWAITE Accounts Payable Check 400.00 129153 06/03/2011 SECURITY LINES US Accounts Payable Check 7,786.52 129154 06/03/2011 JOHN C. SIEMENS Accounts Payable Check 136.50 129155 06/03/2011 SMART AND FINAL Accounts Payable Check 206.13 129156 06/03/2011 DAVID L. SMAW Accounts Payable Check 57.00 129157 06/03/2011 SMITH MANUFACTURING CO. Accounts Payable Check 361.01 129158 06/03/2011 JASON SMITH Accounts Payable Check 400.00 129159 06/03/2011 STANLEY CONVERGENT SECURITY Accounts Payable Check 229.11 129160 06/03/2011 KURT W.STONE Accounts Payable Check 400.00 129161 06/03/2011 MICHAEL STORNETTA Accounts Payable Check 400.00 129162 06/03/2011 SUNLIGHT JANITORIAL Accounts Payable Check 1,781.00 129163 06/03/2011 TEMPLETON UNIFORMS Accounts Payable Check 696.30 129164 06/03/2011 RUSS THOMPSON Accounts Payable Check 300.00 129165 06/03/2011 ULTREX BUSINESS PRODUCTS Accounts Payable Check 548.39 129166 06/03/2011 UNITED RENTALS NORTHWEST, INC Accounts Payable Check 713.56 129167 06/03/2011 URBAN FUTURES, INC. Accounts Payable Check 2,025.00 129168 06/03/2011 USA BLUE BOOK Accounts Payable Check 38.55 129169 06/03/2011 USA MOBILITY WIRELESS, INC. Accounts Payable Check 10.81 129170 06/03/2011 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,732.10 129171 06/03/2011 VALLEY YELLOW PAGES Accounts Payable Check 264.00 129172 06/03/2011 VERIZON WIRELESS Accounts Payable Check 2,244.36 129173 06/03/2011 MATT VIERRA Accounts Payable Check 400.00 129174 06/03/2011 WEST COVINA NURSERIES Accounts Payable Check 349.74 129175 06/03/2011 BRIAN WESTERMAN Accounts Payable Check 380.00 129176 06/03/2011 WILLIAM P.WHITE Accounts Payable Check 461.00 129177 06/03/2011 WILKINS ACTION GRAPHICS Accounts Payable Check 275.13 129178 06/03/2011 ZOO MED LABORATORIES, INC. Accounts Payable Check 122.50 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129179 06/10/2011 ATASCADERO FIRE EMPLOYEE ASSN, Payroll Vendor Payment 720.00 129180 06/10/2011 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 129181 06/10/2011 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,050.00 129182 06/10/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,601.72 129183 06/10/2011 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,994.61 129184 06/10/2011 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 511.82 129185 06/10/2011 S E I U LOCAL 620 Payroll Vendor Payment 787.24 129186 06/10/2011 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 129187 06/10/2011 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,911.20 963 06/13/2011 STATE DISBURSEMENT UNIT Payroll Vendor Payment 714.46 964 06/14/2011 RABOBANK, N.A. Payroll Vendor Payment 44,060.57 965 06/14/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEA Payroll Vendor Payment 84,139.72 966 06/14/2011 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,569.38 967 06/14/2011 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,367.87 129188 06/15/2011 CHEVRON&TEXACO BUS. CARD SVC Accounts Payable Check 4,834.35 129189 06/15/2011 FLEET SERVICES-76 FLEET Accounts Payable Check 2,589.23 129190 06/15/2011 FLEET SERVICES-TESORO FLEET Accounts Payable Check 10,305.21 129191 06/15/2011 SHELL Accounts Payable Check 841.21 129192 06/17/2011 ACTION TOWING& RECOVERY, LLC Accounts Payable Check 65.00 129193 06/17/2011 AECOM USA, INC. Accounts Payable Check 19,422.45 129194 06/1712011 AGP VIDEO, INC. Accounts Payable Check 2,510.00 129195 06/17/2011 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 1,991.80 129196 06/17/2011 LON ALLAN Accounts Payable Check 149.50 129197 06/17/2011 ALTHOUSE&MEADE, INC, Accounts Payable Check 1,174.50 129198 06/17/2011 AMERICAN MARBORG Accounts Payable Check 135.63 129199 06/17/2011 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 331.84 129200 06/17/2011 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 206.60 129202 06/17/2011 ARAMARK UNIFORM SERVICES Accounts Payable Check 763.52 129203 06/17/2011 ARRIS STUDIO ARCHITECTS Accounts Payable Check 2,400.00 129204 06/17/2011 AT&T Accounts Payable Check 62.58 129205 06/17/2011 AT&T Accounts Payable Check 688.27 129207 06/17/2011 AT&T Accounts Payable Check 890.53 129208 06/17/2011 ATASCADERO HAY& FEED Accounts Payable Check 1,197.58 129210 06/17/2011 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 8,700.00 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129211 06/17/2011 ATASCADERO NEWS Accounts Payable Check 2,182.00 129212 06/17/2011 ATASCADERO NORTH, LLC Accounts Payable Check 535.00 129213 06/17/2011 ATASCADERO TESORO Accounts Payable Check 127.17 129214 06/17/2011 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 4,425.00 129215 06/17/2011 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 122.83 129216 06/17/2011 BATTERY SYSTEMS Accounts Payable Check 72.71 129217 06117/2011 MATHEW L. BAXTER Accounts Payable Check 54.00 129218 06/17/2011 BERRY MAN, INC. Accounts Payable Check 945.70 129219 06/17/2011 JOHN BLAIR Accounts Payable Check 145.00 129220 06/17/2011 BLUEPRINTER Accounts Payable Check 232.74 129221 06/17/2011 NICHOLAS P. BOONISAR Accounts Payable Check 54.00 129222 06/17/2011 BROUGH CONSTRUCTION, INC. Accounts Payable Check 22,438.53 129223 06/17/2011 BURKE,WILLIAMS,&SORENSON LLP Accounts Payable Check 22,374.00 129224 06/17/2011 ROCKY J. BUSBY Accounts Payable Check 108.00 129225 06/17/2011 CALPORTLAND Accounts Payable Check 1,170,01 129226 06/17/2011 CHARTER COMMUNICATIONS Accounts Payable Check 169.96 129227 06/17/2011 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 80.00 129228 06/17/2011 VOID Accounts Payable Check 0.00 129229 06/17/2011 COAST ELECTRONICS Accounts Payable Check 212.94 129230 06/17/2011 COAST RIDERS POWERSPORTS Accounts Payable Check 407.94 129231 06/17/2011 COLD STONE CREAMERY Accounts Payable Check 2,000.00 129232 06/17/2011 CRYSTAL SPRINGS WATER Accounts Payable Check 160.49 129233 06/17/2011 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00 129234 06/17/2011 MATTHEW J. CURRY Accounts Payable Check 300.00 129235 06/17/2011 D&D SALES Accounts Payable Check 870.00 129236 06/17/2011 DANIELA. DAVIS Accounts Payable Check 297.50 129237 06/17/2011 DECOU LUMBER COMPANY Accounts Payable Check 612.98 129238 06/17/2011 DEPARTMENT OF JUSTICE Accounts Payable Check 317.00 129239 06/17/2011 DISH NETWORK, LLC Accounts Payable Check 96.99 129240 06/17/2011 DOCUTEAM Accounts Payable Check 43.40 129241 06/17/2011 ASHLEY H, DOOLEY Accounts Payable Check 54.00 129242 06/17/2011 KELLI M. DOWNS Accounts Payable Check 1,267.00 129243 06/17/2011 ED'S FLY MEAT, INC. Accounts Payable Check 100.25 129244 06/17/2011 EiKHOF DESIGN GROUP, INC. Accounts Payable Check 2,578.00 129245 06/17/2011 EL CAMINO VETERINARY HOSP Accounts Payable Check 150.62 129246 06/17/2011 ESCUELA DEL RIO Accounts Payable Check 290.00 129247 06/17/2011 FEDERAL EXPRESS Accounts Payable Check 80.91 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129248 06/17/2011 FERGUSON ENTERPRISES, INC. Accounts Payable Check 47,42 129249 06/17/2011 FERRELL'S AUTO REPAIR Accounts Payable Check 697.91 129250 06/17/2011 FIRST AMERICAN TITLE CO Accounts Payable Check 795.00 129251 06/17/2011 FIRST TRANSIT, INC. Accounts Payable Check 43,078,99 129252 06/17/2011 G. SOSA CONSTRUCTION, INC. Accounts Payable Check 487,285.53 129253 06/17/2011 GAS COMPANY Accounts Payable Check 402.12 129254 06/17/2011 GEM AUTO PARTS Accounts Payable Check 506.76 129255 06/17/2011 GLENN'S REPAIR& RENTAL Accounts Payable Check 210.08 129256 06/17/2011 GROUND UP DESIGN &CONST. MGMT Accounts Payable Check 494.94 129257 06/17/2011 HAMNER, JEWELL&ASSOCIATES Accounts Payable Check 423.46 129258 06/17/2011 RALPH DOUGLAS HARBOTTLE Accounts Payable Check 661.50 129259 06/17/2011 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 119.03 129260 06/17/2011 HELIXSTORM, INC. Accounts Payable Check 15,300.00 129261 06/17/2011 HOME DEPOT Accounts Payable Check 2,496.39 129262 06/17/2011 JENNIFER R. HORN Accounts Payable Check 36.00 129263 06/17/2011 ERIK W. HUBER Accounts Payable Check 54.00 129264 06/17/2011 INFORMATION TECHNOLOGY Accounts Payable Check 511.03 129265 06/17/2011 EVELYN R. INGRAM Accounts Payable Check 490.00 129266 06/17/2011 J.CARROLL CORPORATION Accounts Payable Check 285.80 129267 06/17/2011 JIFFY LUBE Accounts Payable Check 36.59 129268 06/17/2011 DANIEL F. KAISER Accounts Payable Check 100.00 129269 06/17/2011 KCI ENVIRONMENTAL, INC. Accounts Payable Check 345.00 129270 06/17/2011 KIDZ LOVE SOCCER Accounts Payable Check 2,016.00 129271 06/17/2011 KPRL 1230 AM Accounts Payable Check 320.00 129272 06/17/2011 LIFE ASSIST, INC. Accounts Payable Check 53.05 129273 06/17/2011 MADRONE LANDSCAPES, INC. Accounts Payable Check 8,628.74 129274 06/17/2011 BECKY MAXWELL Accounts Payable Check 72.98 129275 06/17/2011 MICHAEL W. MERCHANT Accounts Payable Check 337,50 129276 06/17/2011 MID-COAST FIRE PROTECTION, INC Accounts Payable Check 375.00 129277 06/17/2011 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 950.00 129278 06/17/2011 MID-COAST MOWER&SAW, INC. Accounts Payable Check 28.44 129279 06/17/2011 MINER'S ACE HARDWARE Accounts Payable Check 148.19 129280 06/17/2011 MISSION UNIFORM SERVICE Accounts Payable Check 66.60 129281 06/17/2011 NCI AFFILIATES, INC Accounts Payable Check 335.00 129282 06/17/2011 NEOPOST, INC. Accounts Payable Check 1,106.91 129283 06/17/2011 NINE 10NE GEAR Accounts Payable Check 3,327.00 129284 06/17/2011 NORTH COAST ENGINEERING INC. Accounts Payable Check 598.75 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129285 06/17/2011 OFFICE DEPOT INC. Accounts Payable Check 921.36 129286 06/17/2011 TARA ORLICK Accounts Payable Check 25.50 129287 06/17/2011 OUTLET TOOL SUPPLY Accounts Payable Check 80.10 129288 06/17/2011 PACIFIC GAS AND ELECTRIC Accounts Payable Check 9,123.40 129289 06/17/2011 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,500.00 129290 06/1712011 FLAVIA PAROTTI Accounts Payable Check 56.95 129291 06/17/2011 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 2,599.37 129292 06/17/2011 PASO ROBLES SAFE&LOCK Accounts Payable Check 172.78 129293 06/17/2011 PASO ROBLES TRUCK CENTER Accounts Payable Check 325.25 129294 06/17/2011 PC MALL Accounts Payable Check 227.29 129295 06/17/2011 JASON M. PLATZ Accounts Payable Check 38.00 129296 06/17/2011 PLUS 4 ENGINEERING, INC. Accounts Payable Check 78.87 129297 06/17/2011 PREMIER NAIL AND SPA Accounts Payable Check 1,247.92 129298 06/17/2011 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 188.25 129299 06/17/2011 JAMES RICHARDSON Accounts Payable Check 37.89 129300 06/17/2011 SAFETY DRIVERS ED., LLC. Accounts Payable Check 34.30 129301 06/17/2011 SAN LUIS PERSONNEL INC. Accounts Payable Check 867.78 129302 06/17/2011 MICHELE SCHAMBER Accounts Payable Check 10.00 129303 06/17/2011 SCHENBERGER, TAYLOR, Accounts Payable Check 3,500.00 129304 06/17/2011 SCOTT O'BRIEN FIRE& SAFETY CO Accounts Payable Check 50.00 129305 06/17/2011 JOHN C. SIEMENS Accounts Payable Check 420.00 129306 06/17/2011 DAVID L. SMAW Accounts Payable Check 152.00 129307 06/17/2011 STANLEY CONVERGENT SECURITY Accounts Payable Check 491.86 129308 06/17/2011 STAPLES CREDIT PLAN Accounts Payable Check 438.81 129309 06/17/2011 STORY TERMITE&PEST, INC. Accounts Payable Check 1,485.00 129310 06/17/2011 SUNLIGHT JANITORIAL Accounts Payable Check 1,050.00 129311 06/17/2011 CALLIE TAYLOR Accounts Payable Check 66.30 129312 06/17/2011 VOID Accounts Payable Check 0.00 129313 06/17/2011 THE TOP SHOP UPHOLSTERY Accounts Payable Check 459.85 129314 06/17/2011 JANET TINGLEY Accounts Payable Check 441.00 129315 06/17/2011 TW TELECOM, INC. Accounts Payable Check 748.07 129318 06/17/2011 U.S. BANK Accounts Payable Check 20,904.22 129319 06/17/2011 UNCLE'S BAITS Accounts Payable Check 44.72 129320 06117/2011 UNITED RENTALS NORTHWEST, INC Accounts Payable Check 612.85 129321 06/17/2011 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,779.83 129322 06/17/2011 IWINA M. VAN BEEK Accounts Payable Check 57.00 129323 06/17/2011 VERIZON WIRELESS Accounts Payable Check 294.59 City of Atascadero Disbursement Listing For the Month of June 2011 Check Check Number Date Vendor Description Amount 129324 06/17/2011 WALLACE GROUP Accounts Payable Check 11,851.96 129325 06/17/2011 WESTERN JANITOR SUPPLY Accounts Payable Check 224.62 129326 06/17/2011 JEFF WILSHUSEN Accounts Payable Check 181.20 129327 06/17/2011 WYSONG CONSTRUCTION CO. Accounts Payable Check 44,142.75 129328 06/17/2011 ZUMAR INDUSTRIES, INC. Accounts Payable Check 4,302.81 968 06/24/2011 STATE DISBURSEMENT UNIT Payroll Vendor Payment 714.46 129329 06/24/2011 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 720.00 129330 06/24/2011 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 129331 06/24/2011 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,050.00 129332 06/24/2011 AXA EQUITABLE Payroll Vendor Payment 520.12 129333 06/24/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,601.72 129334 06/24/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 175.00 129335 06/24/2011 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,994.61 129336 06/24/2011 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 677.65 129337 06/24/2011 SEIU LOCAL 620 Payroll Vendor Payment 804.06 129338 06/24/2011 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 129339 06/24/2011 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,911.20 969 06/28/2011 RABOBANK, N.A. Payroll Vendor Payment 46,963.06 970 06/28/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEh Payroll Vendor Payment 85,726.20 971 06/28/2011 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,437.62 972 06/28/2011 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,407.92 129340 06/29/2011 ATASCADERO MID MGRS ORG UNION Accounts Payable Check 40.00 129341 06/29/2011 ATASCADERO MID MGRS ORG UNION Accounts Payable Check 40.00 129342 06/29/2011 ATASCADERO MID MGRS ORG UNION Accounts Payable Check 40.00 $ 1,327,710.50 ITEM NUMBER: A- 3 DATE: 08/09/11 r; 1918 1878 \ATA'�ran 0% Atascadero City Council Staff Report — City Clerk Designation of Voting Delegate - League of California Cities' Annual Conference RECOMMENDATION: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2011, and direct the City Clerk to inform the League of the designation. DISCUSSION: This year's League of California Cities' Annual Conference is scheduled for Wednesday, September 21St through Friday, September 23rd, in San Francisco. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. FISCAL IMPACT: None ITEM NUMBER: A-4 DATE: 08/09/2011 r; 1918 1878 \ATA'�ran 0% Atascadero City Council Staff Report — Community Services Department Amendment to Lease Agreement with NCI Affiliates, Inc. for the Operation of the Cafe at the Colony Park Community Center RECOMMENDATION: Council authorize the City Manager to execute the Amendment to Lease Agreement maintaining the monthly rent at $300 per month for the remainder of the lease term, and keeping all other terms and conditions the same. DISCUSSION: Background: The Colony Park Community Center was opened in 2007, and the Cafe within the Center was first operated by the S.L.O. County YMCA. The YMCA was unable to continue for business reasons. The Cafe was then operated by a private restaurant owner, LeBeouf's BBQ. LeBeouf's was also unable to continue, causing them to end their agreement with the City. NCI Affiliates, Inc. is a non-profit organization that provides vocational training to developmentally disabled adults; and under the current rental rates, the agreement with the City is working. This current agreement requires a flat rental fee of $300 per month plus 5% of any gross revenues from on-site catering services for the first two 2 years. In year three and four of the contract, a flat monthly rental fee of $500 plus 5% of total gross earnings from catering services on-site at the Community Center and food prepared on-site at the Community Center for off-site catering. On June 28, 2011, the City received a letter from North County Industries Affiliates, Inc. (NCI), requesting that the monthly rent for the Cafe and kitchen at the Colony Park Community Center continue at $300 per month for the remainder of the term of the contract (two more years). The rent is scheduled to be increased to $500 per month for the remaining two years on the contract beginning in August of this year. Given the economic conditions in general, and the limited clientele at the Community Center (primarily after-school kids from the junior high school), NCI, operating as the "Orange Dog Cafe," is unable to sustain the scheduled increased rent. In all other respects, the partnership with the City for the lease is very successful and worthwhile. If ITEM NUMBER: A-4 DATE: 08/09/2011 the monthly rent increases as scheduled, it would impose a financial hardship for NCI to continue operating the Cafe. Staff is recommending approval of the amendment to keep the monthly rent at $300 per month. The City Attorney and staff have created an amendment to the lease agreement to maintain the monthly rent at its current level for the remainder of the term, and continue the lease under the original terms and conditions. (Attachment 1). ALTERNATIVE: The City could deny the request to alter the terms of the agreement with NCI, and put the contract for the Cafe operation out to bid once again. Staff does not feel that it would be fruitful to end the agreement and re-bid the Cafe operation at this time. FISCAL IMPACT: Approval of this amendment will have a fiscal impact on the City of $2,400 per year for the next two years. However, if the City requires NCI to pay the increase of the rent as is required by the existing agreement, and they are unable to pay the increase and terminate the agreement, the City will then be in the position of having to acquire a new vendor at an unknown rate. ATTACHMENTS: 1. Amendment to Lease 2. Original Lease Agreement 3. Letter from N.C.I. Affiliates, Inc. Attachment 1 AMENDMENT TO LEASE AGREEMENT (CONTRACT NO. 98010) This Amendment to Lease Agreement ("Amendment") is made and entered into this 9th day of August, 2011 by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and North County Affiliates, Inc. a non-profit organization in California, hereinafter referred to as "Contractor". 1. On July 14, 2009, the Landlord and Contractor entered into a Lease Agreement ("Lease") with regard to the premises described in Exhibit`B"to the Lease. 2. Contractor, North County Affiliates, Inc. (NCI ) has requested that the monthly rent of $300 be maintained for the balance of the term of the agreement, rather than increasing said rent to $500 per month effective August, 2011. 3. The City agrees that the Contractor's rent shall remain at $300 per month for the remainder of the Agreement. 4. Except as modified by this Amendment, all of the remaining terms of the Lease shall remain in full force and effect. IN WITNESS WHERE OF, the parties (Contractor) hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Contractor(Tennant) North County Affiliates, Inc. (NCI) Organization Rep. LANDLORD, CITY OF ATASCADERO By: WADE G. MC KINNEY Attest: City Manager MARCIA MC CLURE TORGERSON City Clerk Approved as to form: BRIAN A. PIERIK City Attorney Attachment 2 City of Atascadero `' Department of Community Services . AGREEMENT FOR SERVICES BY CONTRACTOR COLONY PARK COMMUNITY CENTER CAFE AND CONCESSION OPERATION This Agreement is made upon the date of execution, as set forth below, by and between NCI Aff Cates, Inc and Achievement House, a corporation, hereinafter referred to as "Contractor,"and the City of Atascadero,California,a Municipal Corporation,hereinafter referred to as the "City" The parties hereto, in consideration of the mutual covenants contained herein,hereby agree to the following terms and conditions 1 0 GENERAL PROVISIONS 101 TERM. This Agreement will become effective on the date of execution by the City, set forth below, and will continue in effect until terminated as provided herein. 102 LOCATION The premises of operation is Atascadero's Colony Park Community Center, 5599 Traffic Way, Atascadero,California, including the caf6, kitchen facilities,enclosed patio and any additions and improvements to the Community Center premises(the"Premises") 103 SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to perform and/or provide all food catering services at the Premises in a business-like manner to the satisfaction of the Department of Community Services The City and Contractor agree that Contractor will not be the exclusive commercial caterer for hire for all events at Atascadero's Colony Park Community Center In addition to catering services provided by Contractor,other catering businesses may be hired for a fee by a renters using the facility Use of the kitchen by outside caterers will be allowed in cooperation with the Contractor,and at their discretion. Contractor shall determine the method, details, and means of performing the above-referenced services so long as the method, details, and means of performing selected by the Contractor comply with all applicable statutes, ordinances,and regulations. Contractor may use the Community Center Caf4 and kitchen facilities for preparing and catering food for either public or private events, both at the Premises and off the Premises. Attachment 2 Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services 104 RENT AND GROSS SALES RECEIPTS In consideration for this Agreement,Contractor will pay the City on a monthly basis as follows (1)a flat rental fee of$300, plus 5%of any gross revenues from on-site catering services for the first two(2) years. In year three and four of the contract,a flat monthly rental fee of $500, PLUS 5% of total gross earnings from catering services on-site at the Community Center,and food prepared on-site at the Community Center for off-site catering. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity Contractor shall make monthly payments to the City of Atascadero by the tenth day of each month. Contractor must submit monthly payments to the City of Atascadero, ATTN Community Center, 6407 EI Camino Real, Atascadero California. The City will consider monthly payments received from the eleventh of each month to the twenty-fifth of each month to be delinquent and will assess a 10%penalty Payments received after the twenty-fifth of each month will be assessed an additional 10%penalty Failure by Contractor to tender payment to the City within 30 days of any payment so due, shall be sufficient cause for the City to terminate this Agreement. 105 SUBLEASE Contractor shall not sublease or otherwise convey any interest of any sort granted by this Agreement to any person or persons whatsoever without prior written consent and approval by the City 106 RECORDS AND ACCOUNTS Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the catering operation,in a manner acceptable to the City The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at its expense, to have its records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within 30 days after the completion of the audit. If Contractor fails to provide the required audit,the City shall contract to have an audit performed at Contractor's expense Attachment 2 107 CONDITIONS OF PREMISES Contractor's execution of and performance of services under this Agreement shall constitute Contractor's acknowledgment that the Premises are in good and tenable condition. Contractor agrees to accept the Premises, and any existing additions and improvements thereto "as is"in the present existing condition. Contractor may modify the Premises only with prior written approval by the Director of Community Services (or designee) Any plans for such modification, shall be submitted to the City for approval prior to the commencement of any modification. Any modification by Contractor shall be without cost to the City and shall be subject to the indemnification provisions set forth in section 2 11 1 08 SIGNS All signs, names or placards must be approved by the Director of Community Developemnt (or designee)prior to installation. All signs must meet all requirements and specifications as set forth by the City The locations of all signs must be approved in advance by the Director of Community Services(or designee) and must conform to all sign regulations set forth in City ordinances. 109 DAMAGE TO/DESTRUCTION OF PREMISES Should the Premises be totally or partially damaged or destroyed, the City shall repair the same in a reasonable time frame depending upon the extent and cost of the damage, except that the City is not obligated to make such repairs, and the City may decide to terminate this Agreement. If the Premises are totally or partially damaged or destroyed as a result of actions by Contractor and/or its employees and agents,the Contractor shall be obligated to make such repairs. Nothing in this section affects or diminishes Contractor's indemnification obligations set forth in section 2 11 Any notice of termination given here shall be given to Contractor within 15 days after City determines the period of time required for and the estimated cost of such repair or restoration. 2 0 OBLIGATIONS OF CONTRACTOR 2 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR. Contractor agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner The Contractor shall be open a minimum of five days per week. Contractor may represent, perform services for,and be employed by additional individuals or entities,at Contractor's sole discretion, as long as the performance of these extra- contractual services does not interfere or conflict with Contractor's obligations under this Agreement. 2 02 HOURS OF OPERATION Hours of operation to be established by Contractor upon mutual agreement with the Director of Community Services (or designee) Attachment 2 203 PERMITS Contractor is required to provide City,prior to commencement of operation of cafe business, a copy of a City Business License, a San Luis Obispo County Health Department permit for food sales, and a Board of Equalization Certificate A request for permission to sell liquor will be considered by the City Council,and may or may not be granted. Contractor acknowledges that the City has discretion to grant or deny permission to sell liquor on the Premises. Contractor does not assume that any such request will be approved and, in executing this Agreement, is not relying on any oral or wntten statements by any person regarding the sale of liquor on the Premises. 204 TAXES Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2 05 FACILITIES a. Kitchen Contractor shall have a right to use the Community Center kitchen and all City-owned appliances and equipment within the kitchen area so long as the kitchen has not been reserved for use by the City of Atascadero If Contractor wishes to use the Community Center's other spaces (rooms), tables, chairs and other rental equipment to perform its services, it must request permission in advance from the Community Center supervisor,and all normal rental fees shall apply Contractor shall notify the Center supervisor as soon as possible when Contractor needs to reserve the cafe for events not open to the public Outside caterers may use the kitchen in cooperation with the Contractor for event serving/preparation only at the discretion of the Contractor b Cafe Contractor, at its own expense, shall completely equip the Community Center cafe and keep all equipment in a first class manner to the satisfaction of the Director of Community Services (or designee) throughout the term of this Agreement. Any City owned equipment in the kitchen damaged by the contractor shall be replaced byteh contract with the same equipment or equal to be approved by the City c Iee Cream/Food Cart- Contractor may use an ice cream/food cart in Colony Park,weather permitting.Care shall be taken not to interfere with Atascadero Girl's Softball snack bar business when open. d. Eauinment,Tools.and Instrumentalities Contractor shall provide,at its own expense, all equipment, tools, and instrumentalities to perform the services under this Agreement. Attachment 2 e Storage Contractor may only store its equipment, tools, and instrumentalities in an area approved by the Director of Community Services(or designee) The Director of Community Services(or designee) may allow storage of the Contractor's equipment, tools, and instrumentalities in the Community Center kitchen if there is available space,as determined by the Community Center Supervisor Contractor is responsible for returning all equipment, tools, and instrumentalities to their proper place after catering events and performing services under the Agreement. Neither the City nor Community Center staff is responsible for items left out after an event. f. Loss and Theft: The City is not responsible for damage to, theft of, or loss of any equipment,tools,and/or instrumentalities owned and/or rented by Contractor, whether by fire, theft or other cause Contracotr must obtain its own insurance to cover any such losses that may occur 206 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES The City has the right to inspect and approve the prices and rates of goods sold upon the Premises. Contractor may only sell items that have been agreed upon through mutual consent between the Contractor and the City The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public Contractor shall post rates and prices of all items in such places as designated by the City 2.07 SECURITY/COMMUNICATIONS Contractor agrees to provide telephone services to the Community Center caf6 throughout the duration of this Agreement at Contractor's expense Security Alarm services are to be provided by the City 2 08 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits,where required by law,for Contractor's employees and agents. Contractor agrees to hold harmless, indemnify,and defend City for any and all claims arising out of any claim for injury, disability, or death of and any of Contractor's employees or agents. Attachment 2 209 INDEMNIFICATION Contractor agrees to indemnify,defend, protect and hold harmless City from and against any and all liabilities, claims, actions, causes of action, proceedings, suits,damages,judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"), which City may suffer or incur or to which City may become subject by reason of or arising out of the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees,or agents committed in performing services under this Agreement. For purposes of this section, "City" includes City s officers, officials, employees, agents, and volunteers The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. The insurance reqwred to be maintained by Contractor under this Agreement is intended to ensure Contractor's obligations under this section,but the limits of such insurance do not limit the liability of Contractor The provisions of this section will survive the expiration or earlier termination of this Agreement. 210 INSURANCE Contractor shall not commence work under this contract until he/she has obtained all insurance required and specified in Exhibit A attached to this Agreement. Such insurance must be approved by City as to form, amount and carrier The City shall be listed as an additional insured in Contractor's insurance 2 11 CONTRACTOR'S MAINTENANCE Except as otherwise provided in this Agreement,Contractor,at its own cost and expense agrees a. To maintain, throughout the Agreement term, in good sanitary order, condition, and repair, all portions of the Colony Park Community Center cafd and kitchen facilities,including,without limitation,(a)the interior of the cafi and kitchen facilities, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish, (b) any windows, (c) the outside patio area, (d)any personal property of the Contractor situated in or upon the Premises,(e)all City-owned kitchen appliances,including but not limited to the stove, grill, soft serve machine, meat slicer, coffee/espresso maker, ice machine, refrigerator and freezer; (f) any heating, ventilating or air conditioning equipment installed by Contractor in or upon the Premises b To maintain the Colony Park Community Center caf8 and kitchen facilities in conformance with the highest standards of health and safety c To notify the City promptly of any damage to the Premises or the building in which they are situated resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense Attachment 2 2 12 UTILITIES The City shall pay the reasonable costs for the actual utilities, including water,gas,heat,trash pick-up,light and power supplied to the cafe and kitchen facilities at the Community Center Grease must be disposed of separately by the Contractor Contractor shall make arrangements for and pay the charges when due for telephone The suspension or interruption in utility service to the Premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City 3 0 OBLIGATIONS OF CITY 301 COOPERATION City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 302 PLACE OF WORK. City agrees to provide exclusive use and access to Atascadero's Colony Park Community Center cafe for use by Contractor while performing the services described within this agreement. 4 0 TERMINATION OF AGREEMENT 401 TERMINATION ON NOTICE Notwithstanding any other provision of this Agreement,any party hereto may terminate this Agreement,at any time, without cause by giving at least 30 days pnor written notice to the other parties to this Agreement. 4 02 TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminated automatically on the occurrence of any of the following events. (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the 30 days as set forth in section 4 01 of this Agreement; (5) End of the Agreement to which Contractor's services were necessary;or (6) Assignment of this Agreement by Contractor without consent of the City 4 03 TERMINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT Should any party default in the performance of this Agreement or matenally breach any of its provisions, a non-breaching party, at their option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party Attachment 2 4 04 TERMINATION This Agreement shall terminate on August I, 2011, unless extended as set forth in this section. City grants to the Contractor the option to extend this Agreement for two(2)single one-year periods,following the above ending date Contractor must notify City in writing of its intent to exercise the extension no later than 30 days before the expiration date or before the expiration of any extension period. 4 05 REMOVAL OF ALTERATIONS City, by giving written notice to Contractor within 30 days before the expiration or termination of the Agreement, may elect to require Contractor, at Contractor's sole cost and expense to remove the alterations specified by City in its notice and make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the Premises to good condition the last day of the lease term or within 30 days of the City's notice This stipulation will not affect any improvements agreed to by the Director of Community Services,as described in Section 107 of this agreement. 50 MISCELLANEOUS 501 REMEDIES The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with,and in addition to,all remedies now or hereafter allowed by law or equity 502 NO WAIVER. The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 503 ASSIGNMENT This Agreement is specifically not assignable by Contractor to any person or entity Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 03 5 04 ATTORNEYS' FEES In the event of any controversy, claim or dispute between the parties hereto,arising out of or relating to this Agreement,or the breach thereof,the prevailing party shall be entitled,in addition to other such relief as may be granted,to a reasonable sum as and for attorneys'fees Attachment 2 5 05 TIME FOR PERFORMANCE Except as otherwise expressly provided for in this agreement,should the performance of any obligation or act required by this Agreement to be performed by either party be prevented or delayed by any act of God, war, terrorism,natural disaster,strike, lockout, labor trouble, inability to secure materials,or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay; provided, however that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 506 NOTICES Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mad, first-class postage prepaid to the following address for each respective party- PARTY artyPARTY ADDRESS CITY OF ATASCADERO 6907 El Camino Real Department of Atascadero,CA 93422 Community Services (805)461-5000 CONTRACTOR NCI Atlliates Inc 496 Linne Road (805)238-6630 Paso Robles,CA 93466 5 07 GOVERNING LAW This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this Agreement arises 5 08 BINDING EFFECT This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto,but nothing in this section shall be construed as a consent by City to any assignment of this Agreement or any interest in this Agreement. 5 09 SEVERABILITY Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. Attachment 2 5 10 SOLE AND ENTIRE AGREEMENT This Agreement constitutes the sole and entire Agreement between the parties with respect to the subject matter hereof This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All Agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 5 11 TIME Time is expressly declared to be of the essence of this Agreement. 512 DUE AUTHORITY The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 13 CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any tyle to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate 5 14 AMENDMENTS Amendments to this Agreement shall be made only with the mutual written consent of all of the parties to this Agreement. Executed on _..J ) ,2009 at Atascadero,California. Attest: CITY F A' SCADERO Marcia McClure Torgerson U Wade 6 inne. C.M.0,City Clerk City Aianager Appro as to or 10 c (//! By Brian Pierik Cl Atli tes,inc,CONTRACTOR City Attorney Attachment 3 NCI AFFILIATES, INC, "Building Partnerships,Creating Choices" - June 28,2011 Mayor Tom O'Malley City Council Members City of Atascadero-City hall 6907 EI Camino Real Atascadero,CA 93422 Reference:NCI Affiliates Inc/City of Atascadero Colony Park Community Center Cafe'and Concession Agreement Subject:Cafe'/Concession Rent Rate Increase Dear Mayor O'Malley and City Council Members, NCI Affiliates currently operates the Orange Dog Cafe within the Colony Park Community Center as part of an agreement with the City of Atascadero,Department of Community Services. As described in the"General Terms"of the agreement,under section 1.04,Rent and Gross Sales Receipts, NCI Affiliates agrees to pay the City on a monthly basis a flat rental fee of$300 for the first two years and in years three and four the rent will increase to$500 per/month. Due to the fiscal hardship our agency has experienced from reduced state and federal funding and diminished concession sales,NCI Affiliates is requesting the City of Council to reconsider the proposed rate increase and allow the rate of$300 per/month remain in place for the duration of the contract. This venue plays an important part of NCI's vocational training program and for the last two years,the Orange Dog Cafe'staff and food service vocational trainees have enjoyed being part of the Colony Park Community Center. NCI Affiliates hereby requests the City Council to please reconsider the proposed rent rate increase. 'Respectut>y Y9+ Mike Meda Amy Hicks Business Services Coordinator Director of Client Services Cc:Crystal Nevosh-Executive Director-NCI Affiliates Brady Cherry-City of Atascadero-Community Services Director Jennifer Fanning-City of Atascadero-Recreational Supervisor NCI AFFILIATES,INC. Corporate Office 496 Linne Road Paso Robles,CA 9:3446 (805)238-6630 Fax(805)239-9073 www.nciaffiliates.org. ITEM NUMBER: A- 5 DATE: 08/09/11 r; 1918 1878 \ATA'�ran 0% Atascadero City Council Staff Report — Community Services Department Amendment to Lease Agreement Removing the Atascadero Historical Society as a Party to the Lease for Use of the Lake Pavilion Basement by the Boys Scouts of America RECOMMENDATION: Council authorize the City Manager to execute the Amendment to Lease Agreement omitting the Atascadero Historical Society from the lease, and keeping all other terms and conditions the same. DISCUSSION: On April 19, 2011, City staff received a letter from the Atascadero Historical Society requesting that they be dropped from the 2006 lease agreement, which enables the Boys Scouts of America to use the Lake Pavilion basement. The agreement runs for ten (10) years. A copy of the Historical Society's letter (Attachment 3) and the original lease (Attachment 2) are attached for Council review. In the current agreement entered into in August of 2007, The Knights of Columbus and the Christian Home Educators are also parties to the lease along with the Historical Society, and the Boys Scouts, including Troops 101 and 155. The Knights of Columbus and the Christian Home Educators organizations will continue with the lease for the remainder of the term. The City Attorney and staff have created an amendment to the lease agreement dropping the Historical Society as requested, and continuing the lease with the remaining parties under the original terms and conditions. (Attachment 1). FISCAL IMPACT: None ALTERNATIVES: None. ITEM NUMBER: A- 5 DATE: 08/09/11 ATTACHMENTS: 1. Amendment to Lease 2. Agreement for Services 3. Letter from Historical Society to Boy Scouts Attachment 1 AMENDMENT TO LEASE AGREEMENT (CONTRACT NO. 98010) This Amendment to Lease Agreement ("Amendment") is made and entered into this 9th day of August, 2011 by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Charter organizations (Sponsors) for Boy Scouts (units/Troops) of America, Non-profit Organizations in California, hereinafter referred to as "Tenant(s) or Co-Tenants". 1. On August 14th 2006, the Landlord and Co-Tenants entered into a Lease Agreement ("Lease") with regard to the premises described in Exhibit "A" to the Lease. 2. Co-Tenant Atascadero Historical Society has requested to be removed as a Co-tenant from the Lease and the Landlord and other Co-tenants have agreed to the requested removal. 3. Atascadero Historical Society is hereby removed as a Co-tenant from the Lease and the Landlord and other co-tenants hereby consent to the requested removal. 4. Except as modified by this Amendment, all of the remaining terms of the Lease shall remain in full force and effect. IN WITNESS WHERE OF, the parties (Co-tenants) hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Co-tenant (Sponsor) for Troop 155, BSA Pat Heckman, Charter Organization Rep. Knights of Columbus, Atascadero Date: By: Co-tenant (Sponsor) for Troop 101, BSA Josh Gibson, Charter Organization Rep. Christian Home Educators LANDLORD, CITY OF ATASCADERO By: WADE G. MC KINNEY City Manager Attest: MARCIA MC CLURE TORGERSON, C.M.C. City Clerk Approved as to form: BRIAN A. PIERIK City Attorney Attachment 2 LEASE AGREEMENT This Lease Agreement is made and entered into this date By and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as " Landlord", and Charter organizations (Sponsors) for Boy Scouts (units/Troops) of America, Non-profit Organizations in California, hereafter are referred to as "Tenant(s) or Co-tenants". 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6907 El Camino Real Atascadero CA 93422 1.2 Tenant 1.2.1 The tenant (s) hereafter shall be referred to as "Co-tenants" of this lease agreement. The Co-tenants are Chartering Organizations (Sponsors) select Boy Scouts (Units/Troops/Posts) of America (BSA), within the Los Padres BSA Council, which are Non-Profit Organizations of Atascadero, California, whose mailing address's and physical address's for notice under the terms of this Agreement are as follows: 1.2.1.2 Co-tenant: Atascadero Historical Society Explorer Post 51, BSA P.O. Box 1221 Templeton CA 93465 1.2.1.3 Co-tenant: Knights of Columbus (KOC) Santa Lucia Council#3648 Attention: Troop 155, BSA P.O. Box 810 Atascadero, CA 93423 1.2.1.4 Co-tenant: Christian Home Educators Attention: Troop 101, BSA P.O. Box 1221 Templeton, CA 93465-1221 2. LEASE PREMISES 2.1 Description of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed, in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. Landlord shall have the right to establish and enforce reasonable rules and regulations concerning the use of the parking area. 3. TERM OF LEASE The term of this Lease shall begin on August 1, 2007. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of ten 10 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a minimum annual rent of $1.00 during each year of the term of this Lease. The annual rent shall be due and payable on the January 15tg of each year. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.1 and at such place as Landlord shall designate to Tenant from time to time in writing. 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum annual rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum annual rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venture with Tenant, or associated in any other way with Tenant in the operation of the leased premises, or to subject Landlord in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal property taxes Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real property taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes, if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest Means any interest described in Section 107 of the California Revenue and Taxation Code, or successor stature, and includes any interest described in Section 107.4 of the same code, or its successor statute. This section is deemed to comply with Section 107.6 of the same code. 6.3 Taxes Defined; Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise. Estate, inheritance, succession, capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of"real property taxes", but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate prorating for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Management of Building Landlord shall have the right, in its sole discretion, to: 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and 7.1.2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7.2 Rules and Regulations Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8. USE; LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to maintain a meeting location and training center for local Boy Scout Troops, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant's use of the leased premises shall be in accordance with the following requirements: 8.2.1 Days and Hours of Tenancy. The Day and Hours of Tenancy will be limited to : Monday through Friday 2:30 p.m. to 5:00 p.m. Monday through Thursday 6:45 p.m. to 10:00 p.m. Saturdays 7:00 a.m. to 5:00 p.m. Requests for additional hours of use for the Pavilion Basement will be subject to availability and will be allowed at no additional cost. Requests for additional hours must be submitted in advance in writing to the Department of Community Services. 8.2.2 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.3 Compliance with Law. Tenant shall, at Tenant's sole cost and and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. 8.2.4 Waste;Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Chance by Tenant 9.1.1 Required improvements tenant agrees to pay for all materials and labor to make improvements to the leased premises described in "Exhibit B" attached hereto and which is hereby incorporated herein. Tenant also agrees to secure all appropriate building permits and comply with all relevant state and local requirements prior to occupancy. 9.1.2 Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expenses and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefore to Landlord and obtaining the consent of Landlord thereto in writing, Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay a pro-rated portion of the utilities including gas and electricity supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges therefore. 10.2 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANT'S PERSONAL PROPERTY 11.1 Installation of Property Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting there from as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, in the event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser there from, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Removal of Personal Property Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property and any damage resulting there from as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12.1 Landlord's Maintenance Except as otherwise provided in this Lease, Landlord agrees to maintain in good condition and repair, at the sole cost and expense of Landlord, (1) the structural components of the building and improvements in which the leased premises are located, which structural components are limited to the foundations, bearing and exterior walls (and any plumbing or wiring encased therein), sub-flooring and roof; and (2) common areas and the exterior of the leased premises; and (3) any heating, ventilating and air conditioning systems furnished by Landlord to the leased premises. 12.2 Tenant's Maintenance 12.2.1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense. C. To provide janitorial services for the interior of the leased premises. 12.2.2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.2.3. Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 13. INDEMITY AND INSURANCE 13.1 Indemnification Agreement This lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property(including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach of Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage 13.2.1 Insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $1,000,000. 13.2.2 Adiustment to Coverage. I Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance Each policy of insurance required by Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated by totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if(a) the leased premises of the building and improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one-half(1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. 14.2 Termination; Abatement of Rent 14.2.1 This Lease shall not be terminated by any damage to or destruction of the leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932 (2) and 1933 (4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant's use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate the Lease immediately by giving written notice of termination to Tenant. 15. ASSIGNING, SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT; LANLORD'S REMEDIES 16.1 Insolvency of Tenant If during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely field petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the equation of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder) ; or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten(10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten(10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent,Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, of shall make default in the payment of nay other rent charge same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease upon such termination, and Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Lease It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remedies Landlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.4.1 The Landlord reserves the right to extend this agreement, at the end of ten(10) years, for an additional ten(10)year term. The Landlord, at its sole discretion, may elect not to extend the lease agreement at the end of the first ten year term with or without cause. 16.4.2 If the Landlord elects not to extend the agreement for an additional ten (10) years, the Landlord shall pay the Executive Committee, Explorer Post 51, BSA Atascadero Historical Society and Co-Tenants cited in paragraph 1.2, compensation for the direct costs of materials and equipment to convert the leased space to public use. Records and receipts shall be required for reimbursement not to exceed $12,000.00. 16.5 Landlord's Damages If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed in accordance with paragraph (b) Section 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the Lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach of default, may pursue any other remedy available to Landlord at law or in equity. 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived there from, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVER OF BREACH Any waiver, expressed or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or sings, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased premises. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of Entry Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this Lease, including "for rent" or "for lease" notices during the last three months of this Lease or during any period while Tenant is default, and any notices provided by law for the protection of Landlord's interest in the leased premises; 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building,but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property area; 21.1.5 To gather information including measurement, prepare floor plans, etc. for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, and loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22. SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 23. SURRENDER ON TERMINATION; HOLDING OVER 23.1 Surrender of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the Lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting there from, as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the Lease term or within thirty (3) days of Landlord's notice, whichever is later. 24. NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each parry to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity names as a Tenant in this Lease, or who hereafter becomes a Parry to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of(as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors, and assigns. 27. ATTORNEY'S FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorney's fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provisions of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. 30. CO-TENANT REPRESENTATION TO LANDLORD By entering into the Lease agreement, the Co-tenants acknowledge and agree that they will communicate with the landlord through a representative of the Executive Committee Explorer Post 51, Atascadero Historical Society. IN WITNESS WHEREOF, the parties (Co-tenants) hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Co-tenant (Sponsor) for Explorer Post 51, Mr. Lon Allan, Charter Organization Rep. Atascadero Historical Society Date: By: Co-tenant(Sponsor) for Troop 155, BSA Dan Davis, Charter Organization Rep. Knights of Columbus, Atascadero Date: By: Co-tenants (Sponsor) for Troop 101, BSA William Gibson, Charter Organization Representative Christian Home Educators Attest: LANDLORD, CITY OF ATASCADERO By: MARCIA TORGERSON Tom O'Malley City Clerk Mayor MARCIA Approved as to form: PATRICK ENRIGHT City Attorney EXHIBIT A DESCRIPTION OF LEASED PREMISES: A portion of the basement of the Atascadero Lake Pavilion building. ADDRESS: 9315 Pismo Street Atascadero, California 93422 SQUARE FEET: 1620 Square Feet EXHIBIT B BUILDING RULES AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls, passageways, driveways, entrances and exits of the building, such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter lock or install any new or additional lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster, or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of names, vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize the parking facilities of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has made. Tenant shall pay Landlord the cost of replacing any lost keys and, at the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix to attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. EXHIBIT C 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JANUARY of each year. Minimum annual rent for the term of this Lease Agreement shall be $1.00. 2. LATE CHARGE: Ten percent(10%) of annual rent(see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services: Reasonable cost of electricity, water, gas, building maintenance and trash collection to be paid to the City by the Co-tenant(s). Cost of telephone and interior janitorial service to be provided and paid directly by the Co-tenant(s). Attachment 3 Atascadero Historical Society i Post Office Box 1047 Atascadero, California 93423 Phone(805)466-8341 c f, 7 tom. A Non-Profit Corporation ADMINISTRATION BUILDING CALIFORNIA STATE HISTORICAL LANDMARK NUMBER BSB LISTED IN NATIONAL REGISTRY OF HISTORICAL PLACES James Gibson,Director February 7,2011 Post 51 Los Padres BSA Council Lake Park Pavilion 9315 Pismo Avenue Atascadero CA 93422 Subject;Sponsorhip by Atascadero Historical Society of Post 51 for non-profit benefit. Dear James The AHS board of directors has reviewed,on multiple occasions,our relationship with BSA activities commonly known as Post 51 at the above referenced address. The AHS board of directors is grateful for and supportive of BSA efforts and activities in Atascadero. As former boy scouts,Jim Wilkins and myself understand the commitment and resultant benefits and blessings the BSA brings to our community. However,after careful consideration it has been concluded that the original basis for the extension of our 503(C)(3)benefits for Post 51 no longer exists. AHS sponsored Post 51 due to its historical significance as the charter scout group in Atascadero. Since the demise of Post 51 as an entity the non- profit benefit had been allowed to continue due largely to a lack of communication between our organizations. Regrettably,we must give notice that 30 days from today,the former Post 51 and it's co-chartered or subsequently chartered troops(i.e.troops 101,155,226)are terminated from use of the Atascadero Historical Society's 503(C)(3)status. We are grateful for the years of having sponsored Post 51 and hope that the chartering organizations for the affected troops will restore this benefit. Best regards Thomas E Lewis,1st Vice President James R Wilkins,President I ITEM NUMBER: A- 6 DATE: 08/09/11 Atascadero City Council Staff Report — Police Department Supplemental Law Enforcement Services Fund Reallocation RECOMMENDATION: Council reallocate encumbered 2008/2009, 2009/2010 and 2010/2011 Supplemental Law Enforcement Services Fund (SLESF) monies in the amount of $42,560 to be utilized for the purchase of radio equipment and records management system (RMS) software upgrade. DISCUSSION: The State of California has previously awarded the City grants through the Supplemental Law Enforcement Services Fund (SLESF) in the amount of $100,000 per year. The Police Department has leveraged these funds to augment frontline police services and improve service delivery. Staff identifies priorities and requests Council approval for each grant's spending plan. Encumbered funds currently exist in SLESF grants received in fiscal years 2008/2009, 2009/2010, and 2010/2011 . Staff is requesting that Council authorize a reallocation of these unspent monies in order to fund improvements to the police radio and records management systems. These monies that were programmed in the past, but remain unspent are as follows: • $4,790 of funds allocated toward the cadet program will remain unused at this time due staffing costs in this program decreasing substantially. • $25,840 of SLESF funds were programmed for replacement of the Voice Logger, a device that records and time stamps calls received or made by the public safety communications center. The City has since received funding from a separate State program that will fund replacement of this piece of equipment and will not need these SLESF funds for the purchase ITEM NUMBER: A- 6 DATE: 08/09/11 • $8,000 is expected to be remaining from the $90,000 originally programmed for the purchase of an in-car video system. This is due to lower than expected costs for the desired system. • $3,930 in other frontline services. The Police Department is recommending that these unspent funds be reallocated to two high priority projects in the police department: • Computer Aided Dispatch (CAD)/ Records Management System (RMS) Software Upgrade ($25,860) - The last software upgrade was six years ago and significant changes have been made in the technology. Among other improvements, the upgrade to the system will significantly improve the ability of field personnel to access data and to communicate with other agencies. • Radio Equipment ($16,700) — This priority is to purchase and install equipment needed to improve radio communications and includes: replacement of equipment that is now obsolete due to narrow-banding, the purchase of two radio repeaters and the addition of a tactical channel. Further details on these priority projects are available in the attached SLESF Spending Reallocation Plan. A Summary of the reallocation plan being proposed is as follows: New Uses CAD/RMS Software Upgrade $ 25,860.00 Radio System Improvements 16,700.00 $ 42,560.00 Unused Available Funds Voice Logger $ (25,840.00) Cadet Program (4,790.00) In-Car Video System (8,000.00) Other Frontline Services (3,930.00) $ (42,560.00) Net Allocation $ - FISCAL IMPACT: No net fiscal impact. ITEM NUMBER: A- 6 DATE: 08/09/11 ALTERNATIVE: Decline the reallocation of SLESF Grant funds and leverage General Fund as funding source or defer both projects. Not recommended due to significant benefits gained from leveraging improved technology without impact to the General Fund. ATTACHMENT: Police Department Reallocated Spending Plan Attachment SLESF REALLOCATION SPENDING PLAN JUSTIFICATION r Computer Aided Dispatch (CAD)/ Records Management System (RMS) Software Upgrade ($25,860): The Police Departmentutilizes a CAD/RMS program supported by Executive Information Systems (EIS); the program purchased in 1999 had the last significant upgrade approximately six years ago. A majority oflaw enforcement agencies within San Luis Obispo County use the same product. The system was initially was acquired through interoperability grant funding awarded to San Luis Obispo County. The vendor alters the programming as technological advances are achieved. All costs to date have been absorbed by maintenance contract. Significant changes are needed to implement the functions listed below: o Allow field patrol units to communicate with other agencies' field patrol units using the same product improving service delivery. o Allow field patrol units to send and receive images (currently receive text messages only), improving service delivery. o Allow information to be downloaded, for example, a pre-booking form will be transmitted to County Jail electronically, expediting the booking process for arrestees, reducing the amount of time patrol officers are out of service. o Allow field units to access the RMS database from the field. This process saves significant time in the writing and approval process as reports written in the field currently need much editing and comparison with existing records after downloading. This feature also maximizes a patrol officer's time spent in the field as opposed to in the police station. o Allow access to reports written by other agencies with parameters established by agency authoring the report, improving service delivery. The alternative to allocating this funding would be the purchase of a different CAD/RMS system, which would be cost prohibitive in comparison. The Police Departmentcurrently enjoyslimited interoperability of compatible systems. These enhancements will significantly improve theeffectiveness and efficiency of communication both internally and externally, resulting in improved service levels. Attachment ➢ Radio Equipment ($16,700): In December of 2004, the Federal Communications Commission (FCC) mandated that by January 1, 2013 all licensees switch to a more efficient "narrowband" for radio communications. Allpublic safety entities within SLO County must complete this transition. Staff has been working to replace or upgrade equipment that has been made obsolete by this narrowband requirement. Additionally, the Police Department has historically experienced reduced radio coverage due to the topography of Atascadero. A lack of adequate radio coverage creates officer safety issues as transmissions in certain areas of the City are unintelligible or are not heard at all. The topography creates "line of sight" issues between the 3 repeater sites that sit strategically on 3 different mountaintops throughout the City of Atascadero. These repeater sites capture signals from in car as well as handheld radios and relay transmissions to our Public Safety Communication Center. The Police Department utilizes a "simulcast" technique for all radio transmissions. This means that all transmissions, whether, from dispatch to officer or vice versa go through one main "repeater" site ("Castle Rock"), which is the only site with transmit capability. Staff desires to purchase of two additional "repeaters" with transmit capability to enable the department to move from a "simulcast" technique to a "vote and hold" technique. Instead of all transmissions going through the Castle Rock repeater site, all sites would have transmitting capability which would alleviate the "line of sight" coverage issues. Officers would transmit from the nearest repeater with the strongest signal directly to dispatch. The California Highway Patrol currently utilizes this communications mode. The purchase of the two repeaters would vastly improve coverage for radio transmissions and thus alleviate an officer safety issue. Staff also wishes toadd a tactical channel to complement the single existing channel. The addition of a 2nd channel would allow the Police Department to more effectively handle an emergency situation on one channel, keeping communications to that specific event, while maintaining routine calls for service on the other. Attachment Total SLESF Funds requested to be reallocated as follows: SLESF 08/09: $25,860 for the CAD/RMS Software Upgrade $ 2,640 for the Radio Equipment & Radio Channel $28,500 SLESF 09/10: $ 3,730 for the Radio Equipment & Radio Channel SLESF 10/11: $10,330 for the Radio Equipment & Radio Channel Total costs/item $16,700.00 — Radio Equipment & Radio Channel $25,860.00 — CAD/RMS Software Upgrade TOTAL COSTS $42,560.00 ITEM NUMBER: A- 7 DATE: 08/09/11 _Q 1918' �, 1979r i \AT�►Sr�uER�O Atascadero City Council Staff Report — Police Department Enhanced 9-1-1 System and Center Upgrades RECOMMENDATIONS: Council: 1. Approve and appropriate the use of $154,000 in California 9-1-1 Emergency Communications Office funding for upgrades to the Public Safety Communications Center in accordance with the spending plan; and, 2. Approve purchase from, and authorize the City Manager to execute a contract with, Vesta Pallas for Version 5.0 Software Upgrade and a five-year software maintenance contract for the Communications Center at a cost of $66,498.52; and, 3. Authorize the Director of Administrative Services to make budget adjustments increasing revenues and expenses in the amount of $154,000. DISCUSSION: The State of California awarded the City of Atascadero $154,000 to procure equipment and maintenance agreements to upgrade the City's current Emergency 9-1-1 phone system. The State of California's 9-1-1 Program provides funding for dispatch centers to replace equipment every five years to keep current with advances in technology. Atascadero's communication center was last upgraded in late 2006 and is due for system enhancements. Staff carefully evaluated the options for which the funding could be used and created a spending plan based on the highest priority needs. About two-thirds of the funds will be used for technology upgrades in the communications center. The remaining third will provide ergonomic furnishings and workstation improvements. Under Section Il, 2.0, c.3. of the City's Purchasing Policy, the City is eligible to participate in vendor contracts that have been competitively bid by other agencies. The State 9-1-1 Program has competitively bid for products and services related to the 9-1-1 call center upgrades and has executed a Master Purchase Agreement (MPA) with eligible vendors. The vendors available through the MPA provided proposals to the ITEM NUMBER: A- 7 DATE: 08/09/11 State under stringent guidelines, setting maximum allowable fees for products and services as well as ensuring product approval for funding under the 9-1-1 Program requirements. Police Department staff has considered numerous vendors and products during the selection process. The focus was on service, cost, ease of use and system reliability. One option was a significant upgrade to the existing software system, Vesta Pallas, which will enhance the system to receive the next generation technology afforded by growing cell phone use and expanded functionality. Vesta Pallas competitively bid on the State's MPA. Product selection was made jointly by City's Information Technology and Police Department staff that will be using the system. Two primary advantages favored the selection of the upgrade to the current Vesta Pallas ATT system: 1) An outstanding service record by ATT personnel, which our department members enjoy and our citizens depend upon. 2) Compatibility with systems used by allied agencies, including the San Luis Obispo Sheriff's Office and the Paso Robles Police Department. Interoperability is a key operations function in law enforcement and little additional training is needed if personnel are shared between agencies during staffing shortages or emergencies. The second system funded by this proposed upgrade is a voice logging system (including a five-year maintenance plan) to record all phone and radio communications from the center. The current system is approximately 12 years old and in need of replacement. The selected product was chosen after demonstrations of a number of available systems by the City's IT staff along with Police personnel who will be utilizing the product. Remaining funds will be used to replace the failing hydraulic stations and ergonomically rated 24/7 chairs for the center. All vendors chosen are approved through the State's MPA as well. The plan for use of funds is attached as a Spending Plan. The Government Code requires the City Council to appropriate and approve the use of these funds. FISCAL IMPACT: No net impact on the General Fund. General Fund expenditures in the amount of $154,000 will be reimbursed by the State of California's 9-1-1 Program. ITEM NUMBER: A- 7 DATE: 08/09/11 ALTERNATIVE: The City Council could decline State funding and rely upon the General Fund as funding source or defer both projects. Neither alternative is recommended due to significant benefit gained from leveraging improved technology without impact to the General Fund. ATTACHMENT: 1. Draft Spending Plan, 9-1-1 Communication Center Upgrade Draft Spending Plan 9-1-1 Communication Center Upgrade The proposed spending plan below is based on quotes and research completed by staff. There may be slight variations in cost between the two categories below to adjust for conditions that arise during installation and upgrade. Amount Estimated Description of Cost Item $105,000 . Vesta Pallas 5.0 Software Upgrade as outlined in attached Statement of Work, including five-year maintenance contract • Voice Print International, Inc. digital voice logger and five-year maintenance contract • AT&T Maintenance contract $49,000 Furniture for two workstations, hands-free telephone headsets and accessories, and flooring replacement $154,000 GRAND TOTAL ITEM NUMBER: A- 8 DATE: 08/9/11 Xii i97a \ATASCADERoi Atascadero City Council Staff Report — Public Works Department Old Morro Road Slope Repair Award (City Bid No. 2011-007) (Repair of the existing landslide along Old Morro Road just south of the intersection with State Route 41.) RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract for $88,390.00, with M. Switzer Excavating to construct the Old Morro Road Slope Repair; and, 2. Authorize the Public Works Director to file a notice of completion after the project is finished. DISCUSSION: There is a small landslide under and along the eastern edge of Old Morro Road, near the intersection of Old Morro Road and State Route 41 (near Summit Hills). The slide moved and caused damage to Old Morro Road and reduced the road width to a single lane of traffic. A geotechnical evaluation was performed to determine the cause of the landslide and to recommend the best method of repair. The evaluation found that the landslide existed under the road but did not extend beyond the edge of paving on the western side. The proposed method of repair includes: • removal of landslide material down to competent bedrock; and, • grade large level "benches"; and, • installation of geo-grid reinforcing fabric; and, • installation of a sub-drain to remove water from under the repair; and, • replacement of the existing paved roadway. Staff has worked diligently with the soils engineer to develop a construction solution that does not require the closure of Old Morro Road. Staff has sought this solution since the ITEM NUMBER: A- 8 DATE: 08/9/11 lower intersection of Old Morro Road and State Route 41 is non-standard and has sight distance issues. During construction there will still be some inconvenience to the motoring public and residents. However, staff will work with the contractor to minimize delays to the shortest time possible. Staff will be notifying area property owners to keep them apprised of construction impacts, scheduling and road issues. All environmental reviews and permits have been obtained, and the necessary permanent and temporary construction easements from the downslope property owner have been obtained by City staff. The bids were opened on July 6, 2011, and were reviewed for accuracy and compliance with the City of Atascadero Procurement Policy. The responsible low bidder was M. Switzer Excavation with a total base bid of $88,390.00. The bid summary is attached to this staff report. FISCAL IMPACT: The fiscal impact of awarding the contract is $88,390 in budgeted local transportation funds. The total project budget is as follows: FUNDING USES Geotechnical Testing and Preliminary Work $ 12,720 Design 31,100 Permitting and other PS & E 8,000 Surveying, testing, inspection and project manage 20,000 Construction 88,390 Contingency (20%) 17,680 Total Estimated Cost $ 177,890 FUNDING SOURCES Local Transportation Funds $ 323,730 Total Funding Sources $ 323,730 PROJECTED REMAINING FUNDING $ 145,840 Attachment: 1) Bid summary sheet ITEM NUMBER: A- 8 DATE: 08/9/11 Attachment City of Ataseadero Office of the City Clerk Bid summaryI 6i , TO: Public Works FROM: Lisa Cava,Deputy City Clerk i`L BID NO.: 2011-007 OPENED: 7/6/2011 PROJECT: Old Morro Road Landslide Repair Bids were received and opened today,as follows: Total Name of Bidder Base Bid 1 M. SWITZER EXCAVATING $88,390.00 2 RAMINHA CONSTRUCTION $95,585.00 3 ROCKWOOD CONTRACTORS $96,229.55 4 SOUZA CONSTRUCTION $97,893.00 5 KIRK CONSTRUCTION $98,104.25 6 M. FREDERICK PAVING $99,989.25 7 ARTHURS CONTRACTING $104,078.00 8 A-JAY EXCAVATING $123,607.00 9 R. BURKE CORPORATION $140,050.00 10 CALPORTLAND CONSTRUCTION $148,187.00 11 J. MADONNA CONSTRUCTION $151,813.00 12 QUINCON, INC $166,361.40 13 V. LOPEZ JR. &SONS $189,779.85 ITEM NUMBER: B - 1 DATE: 08/09/11 m mm m f 1918 m 197e r Atascadero City Council Staff Report - City Attorney's Office Proposed Urgency Ordinance and a Regular Ordinance Pertaining To Compliance with ABX1 27 Voluntary Alternative Redevelopment Program RECOMMENDATIONS: Council: 1. Adopt the Draft Urgency Ordinance determining to comply with the Alternative Voluntary Redevelopment Program pursuant to Part 1 .9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Atascadero Redevelopment Agency; AND, 2. Introduce for first reading by title only, the Draft Ordinance determining to comply with the Alternative Voluntary Redevelopment Program pursuant to Part 1 .9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Atascadero Redevelopment Agency; AND, 3. Authorize the City Manager to file an appeal to the State of California if City staff finds that the amount of the "community remittance" calculated by the State is subject to appeal. DISCUSSION: On June 29, 2011, the Governor signed into law ABX1 27 relating to redevelopment. The bill was a companion bill to ABX1 26, which immediately suspends agency activities and eliminates redevelopment agencies effective October 1, 2011. ABX1 27 exempts agencies from suspension and dissolution under ABX1 26 if a city adopts an ordinance agreeing to comply with what ABX1 27 calls the "Voluntary Alternative Redevelopment Program," under which participating communities "voluntarily" pay ITEM NUMBER: B - 1 DATE: 08/09/11 additional tax increment to school entities and special districts. In Fiscal Year 2011-12, that amount for all agencies statewide is $1.7 billion. In subsequent years, the amount is currently anticipated to be $400 million per year. For the first year, each agency's share of the $1.7 million is determined by the amount of tax increment received in fiscal year 2008-2009. An ABX1 27 Ordinance must be adopted by November 1, 2011 , in order to avoid dissolution. In addition, ABX1 26 prohibits any new redevelopment activities as of its June 29, 2011, effective date, unless the City Council adopts an ordinance agreeing to make the "voluntary" payments. Staff has prepared two ABX1 27 ordinances; one as an urgency ordinance and one as a regular ordinance to ensure that in the event of any dispute over adoption of the ABX1 27 ordinance as an urgency ordinance that would result in the urgency ordinance being deemed invalid, the regular ordinance would still constitute the ABX1 27 ordinance required to comply with the Alternative Voluntary Redevelopment Program. The payments would be an obligation of the City, but ABX1 27 authorizes the Atascadero Community Redevelopment Agency ("Agency") to reimburse the City for the total amount. Adopting these Ordinances will allow redevelopment activities to continue to move forward; however, because of the decreased amount of available tax increment funds, the Agency would fund fewer projects than originally planned. The attached Ordinances clearly state that the City Council believes that ABX1 26 and ABX1 27 violate several provisions of the State Constitution and the City Council is agreeing to participate in the "voluntary" program of ABX1 27 under protest and without prejudice to (a) the rights of the City to challenge the validity of ABX1 26 and ABX1 27; (b) the right to appeal payment amounts to be determined by ABX1 27; (c) the City's ability to withhold payments pursuant to ABX1 27 in the event a court enjoins the effectiveness of ABX1 26 and A13X1 27; and (d) the City's ability to obtain a refund of any payments pursuant to ABX1 27 in the event a court declares ABX1 26 or ABX1 27 invalid. The attached Ordinances also clearly state that if ABX1 26 and A13X1 27 are determined to be invalid, the Ordinances shall be deemed to be null and void and of no further force or effect. It should be noted that on July 18, 2011, the California Redevelopment Association and the League of California Cities filed a lawsuit asking the California Supreme Court to overturn ABX1 26 and ABX1 27 because they violate the State Constitution. The choices given to cities with redevelopment agencies under ABX1 26 and ABX1 27 are to cease operation (except completion of current enforceable obligations) or adopt an ordinance determining to participate in the Alternative Voluntary Redevelopment Program. If the City were to elect to cease operation of the Agency, as of October 1, 2011, all fund balances would be turned over to a Successor Agency which will be responsible for dissolving the Agency, disposing of Agency assets as quickly as possible, and transferring the proceeds from sale of the Agency assets and various Agency fund balances to a San Luis Obispo County fund for disbursement. ITEM NUMBER: B - 1 DATE: 08/09/11 Given these two options, adopting the ABX1 27 Ordinances makes the most sense at this time, as the Ordinances shield the Agency from the suspension and dissolution provisions of ABX1 26, but leave the City and Agency with flexibility in dealing with ABX1 26 and ABX1 27; and allow the Agency and City Council to maintain sovereign control of the Agency's significant financial resources and assets. Based on an analysis prepared by City staff, showing the effect of the ABX1 27 payments, at this time the City is able to make the required payments, and it is anticipated that the Agency will have adequate tax increment funds available to reimburse the City for those payments. It should be noted that the legislation specifically allows the use of 2011-12 tax increment that would otherwise be required to be deposited in the Agency's Low and Moderate Income Housing Fund to be used for the 2011-12 remittance payments, although it does not allow the use of prior years' Housing Fund set-aside funds for this purpose. If in the future, the City determines that the payments make it infeasible to continue to operate the Agency, the City may repeal the Ordinances subject to the statutory penalty that any payments otherwise owed by the Agency to the City at the time of dissolution would be re-directed to the State. Staff recommends the City Council adopt the urgency ordinance to allow the Agency to continue its redevelopment activities as soon as possible and introduce the regular ordinance to ensure that in the event of any dispute over adoption of the ABX1 27 ordinance as an urgency ordinance that would result in the urgency ordinance being deemed invalid, the regular ordinance would still constitute the ABX1 27 ordinance required to comply with the Alternative Voluntary Redevelopment Program. FISCAL IMPACT: The estimated payments required of the City to participate in the Alternative Voluntary Redevelopment Program are $1,516,774.00 in FY 2011-12 and $400,000 per year in succeeding fiscal years. Approximately $650,000 from the Agency's Low/Moderate Housing Fund may be put toward the first year payment, as authorized by ABX1 27. The remaining $879,105 could be funded by the Agency General Fund's modest reserve. However, the ongoing State-required payments of $400,000 annually are not sustainable in the long term. The Agency General Fund seven-year projection was updated to reflect the effect of ABX1 27. This projection indicates that the available balance drops to -$1.2 million in fiscal year 2014-2015 if nothing changes between now and then. The Agency provides many benefits to the community, and keeping it active for as long as it can be self-maintained seems logical. At some point, it will no longer be economically feasible to continue. Cutting back on some of the budgeted expenses may be an option to help extend the life of the Agency. ITEM NUMBER: B - 1 DATE: 08/09/11 ALTERNATIVES: The Council has two alternatives at this time: 1. Delay adoption of the ABX1 27 Ordinance until further analysis is obtained regarding the effect of ABX1 27, which prevents the Agency from continuing to carry out the goals and objectives of the Redevelopment Plan until such time as an ABX1 27 Ordinance is adopted. 2. Determine to dissolve the Agency and take no action on the Ordinances. ATTACHMENTS: 1. Draft Urgency Ordinance 2. Draft Regular Ordinance Attachment 1 DRAFT URGENCY ORDINANCE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DETERMINING TO COMPLY WITH THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE ATASCADERO REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council ("City Council") of the City of Atascadero ("City") finds as follows: (a) The Atascadero Redevelopment Agency ("Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council. (b) Pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Atascadero Project ("Project") on July 13, 1999, by Ordinance No. 362, as amended to date, and the Agency is vested with the responsibility for implementing and carrying out the Redevelopment Plan. (c) The Agency is currently in the process of carrying out the goals and objectives of the Redevelopment Plan by continuing to: eliminate blight; increase, improve, and preserve the supply of affordable housing in the community; stimulate and expand economic growth and employment opportunities by revitalizing properties and businesses within the Project; and alleviate deficiencies in public infrastructure. (d) In connection with approval and adoption of the State Budget for Fiscal Year 2011-12, the California Legislature has approved, and the Governor has signed (i) ABXI 26 (Stats. 2011, chap. 5, "ABXI 26"), which immediately, and purportedly retroactively, suspends otherwise legal redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011 (the "Dissolution Act"); and (ii) ABXI 27 (Stats. 2011, chap. 6, "ABXI 27"), which allows communities to avoid the consequences of the Dissolution Act and continue their redevelopment agency if the community enacts an ordinance agreeing to comply with the alternative voluntary redevelopment program described in Section 2 of ABXI 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and Safety Code (the "Alternative Redevelopment Program"). (e) The immediate suspension of activities and dissolution of the Agency under the provisions of ABX1 26 would result in the immediate suspension of Agency efforts and programs to eliminate blight, provide affordable housing, provide economic assistance to businesses, and implement other programs which are assisting in the recovery of the City from the financial crisis and recession currently affecting the City and the State of California and thereby result in severe and unwarranted social and economic hardship to City residents, workers and businesses. (f) Because the City Council does not wish to immediately suspend activities of the Agency and wishes to continue to eliminate blight and promote economic development and affordable housing, the City Council has determined it is in the public interest of the City to take immediate action to participate in the ABX1 27 Alternative Redevelopment Program. (g) The Alternative Redevelopment Program requires the participating communities to remit specific annual payments to the county auditor-controller for allocation to school entities and special districts. (h) Under the threat of dissolution pursuant to ABX126, and upon the contingencies and reservations set forth herein, the City shall participate in the Alternative Redevelopment Program and make the Fiscal Year 2011-2012 community remittance, currently estimated to be $1,516,774.00 in FY 2011-12 or such lesser amount as may be determined following any appeal by the City of this community remittance as well as the subsequent annual community remittances as set forth in ABX1 27. (i) The City reserves the right to appeal the California Director of Finance's determination of the Fiscal Year 2011-12 community remittance, as provided in Health and Safety Code Section 34194. 0) On July 18, 2011, an action challenging the constitutionality of ABX1 26 and ABX1 27 was filed in the California Supreme Court. (k) While the City currently intends to make these community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, in the event that there is a final determination that ABX1 26 and ABX1 27 are unconstitutional. (1) The City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of A13X1 26 and ABX1 27. (m) To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay. (n) The City is the lead agency concerning this Ordinance pursuant to the California Environmental Quality Act (codified as Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA Guidelines. (o) City staff has determined that this Ordinance is exempt from CEQA, pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances authorized hereunder are a government funding mechanism and fiscal activity, and do not involve any commitment to any specific project that may result in a potentially significant environmental impact. (p) All other legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Participation in the Alternative Redevelopment Program. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX 1 27. SECTION 3. Payment under Protest. Except as set forth in Section 4 below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. SECTION 4. Effect of Stay or Determination of Invalidity. City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of ABXI 26 and ABXI 27 or determines that ABXI 26 and ABXI 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that ABXI 26 and ABXI 27 are unconstitutional. If there is a final determination that ABXI 26 and ABXI 27 are invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. SECTION 5. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement this Ordinance, including but not limited to notifying the San Luis Obispo County Auditor-Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as set forth in ABXI 27. SECTION 6. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. SECTION 7. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program that may result in a potentially significant environmental impact. SECTION 8. Notice of Exemption. The City Council hereby authorizes and directs that a Notice of Exemption be filed with the County Clerk of the County of San Luis Obispo, California, in accordance with CEQA Guidelines. SECTION 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at City Hall, 6907 El Camino Real, Atascadero, California 93422. The custodian for these records is Marcia McClure Torgerson, City Clerk. SECTION 10. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 11. Certification and Publication. The City Clerk is directed to certify to the passage of this ordinance and cause it to be published in the manner required by law. SECTION 12. Urgency Findings. The adoption of this Ordinance is necessary for the immediate protection of the public peace, health and safety. In accordance with California Government Code Section 36937 and in order to protect the public peace, health and safety, the City Council of the City of Atascadero finds and determines as follows: (a) ABX1 26 prohibits agencies from taking numerous actions, until the City Council adopts an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code, including but not limited to incurring any new monetary or legal obligations or expanding any existing monetary or legal obligations, entering into agreements with any person for any purpose or amending or modifying any existing agreements and taking any action with respect to a redevelopment plan; (b) Prior to the enactment of an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code, the Agency will be unable to continue efforts to eliminate and prevent blight, provide affordable housing, stimulate and expand economic growth within the Project, create and develop local job opportunities and alleviate deficiencies in public infrastructure; (c) Blighting conditions within the Project constitute threats to public peace, health and safety, that cannot be eliminated without Agency action, including but not limited to the use of Agency funds and authorization of redevelopment projects and programs; (d) During the current economic crisis, the Agency must have the ability to act and continue the efforts set forth in (b) above. The Agency must have all tools available in order to eliminate and prevent blighting conditions, including implementation of the Agency's economic development,public improvement and affordable housing programs; and (e) The Agency is actively engaged in efforts to provide assistance for property improvements, to improve and correct inadequate and unsafe infrastructure, and to provide safe and affordable housing. Adoption of this Urgency Ordinance will permit the Agency to continue these efforts immediately. SECTION 13. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that an emergency exists and that this Ordinance is necessary to preserve the public peace, health and safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its introduction and adoption by a four-fifths (4/5th) vote of the City Council. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, State of California, on the 9th day of August, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Brian A. Pierik, City Attorney Attachment 2 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DETERMINING TO COMPLY WITH THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE ATASCADERO REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council ("City Council") of the City of Atascadero ("City") finds as follows: (a) The Atascadero Redevelopment Agency ("Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council. (b) Pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Atascadero Project ("Project") on July 13, 1999, by Ordinance No. 362, as amended to date, and the Agency is vested with the responsibility for implementing and carrying out the Redevelopment Plan. (c) The Agency is currently in the process of carrying out the goals and objectives of the Redevelopment Plan by continuing to: eliminate blight; increase, improve, and preserve the supply of affordable housing in the community; stimulate and expand economic growth and employment opportunities by revitalizing properties and businesses within the Project; and alleviate deficiencies in public infrastructure. (d) In connection with approval and adoption of the State Budget for Fiscal Year 2011-12, the California Legislature has approved, and the Governor has signed (i) ABX1 26 (Stats. 2011, chap. 5, "ABX1 26"), which immediately, and purportedly retroactively, suspends otherwise legal redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011 (the "Dissolution Act"); and (ii) ABX1 27 (Stats. 2011, chap. 6, "ABX1 27"), which allows communities to avoid the consequences of the Dissolution Act and continue their redevelopment agency if the community enacts an ordinance agreeing to comply with the alternative voluntary redevelopment program described in Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and Safety Code (the "Alternative Redevelopment Program"). (e) The Alternative Redevelopment Program requires the participating communities to remit specific annual payments to the county auditor-controller for allocation to school entities and special districts. (f) In order to enable the continued operation and unrestricted activities of the Agency to serve the essential role of implementing the goals and objectives of the Redevelopment Plan, under the threat of dissolution pursuant to ABX1 26, and upon the contingencies and reservations set forth herein, the City shall participate in the Alternative Redevelopment Program and make the Fiscal Year 2011-2012 community remittance, currently estimated to be $1,516,774.00 in FY 2011-12 or such lesser amount as may be determined following any appeal by the City of this community remittance as well as the subsequent annual community remittances as set forth in ABX1 27. (g) The City reserves the right to appeal the California Director of Finance's determination of the Fiscal Year 2011-12 community remittance, as provided in Health and Safety Code Section 34194. (h) On July 18, 2011, an action challenging the constitutionality of ABX1 26 and ABX1 27 was filed in the California Supreme Court. (i) While the City currently intends to make these community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, in the event that there is a final determination that ABX1 26 and ABX1 27 are unconstitutional. 0) The City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27. (k) To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay. (1) The City is the lead agency concerning this Ordinance pursuant to the California Environmental Quality Act (codified as Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA Guidelines. (m) City staff has determined that this Ordinance is exempt from CEQA, pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances authorized hereunder are a government funding mechanism and fiscal activity, and do not involve any commitment to any specific project that may result in a potentially significant environmental impact. (n) All other legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Participation in the Alternative Redevelopment Program. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX 127. SECTION 3. Payment under Protest. Except as set forth in Section 4 below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. SECTION 4. Effect of Stay or Determination of Invalidity. City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of ABXI 26 and ABX1 27 or determines that ABXI 26 and ABXI 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that ABXI 26 and ABXI 27 are unconstitutional. If there is a final determination that ABXI 26 and ABX1 27 are invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. SECTION 5. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement this Ordinance, including but not limited to notifying the San Luis Obispo County Auditor-Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as set forth in ABXI 27. SECTION 6. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. SECTION 7. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program that may result in a potentially significant environmental impact. SECTION 8. Notice of Exemption. The City Council hereby authorizes and directs that a Notice of Exemption be filed with the County Clerk of the County of San Luis Obispo, California, in accordance with CEQA Guidelines. SECTION 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at City Hall, 6907 El Camino Real, Atascadero, California 93422. The custodian for these records is Marcia McClure Torgerson, City Clerk. SECTION 10. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 11. Certification and Publication. The City Clerk is directed to certify to the passage of this ordinance and cause it to be published in the manner required by law. SECTION 12. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: C - 1 DATE: 08/09/11 e MIN I� 1918 1978 ,\ATA�rAn�O// I Gam'' Atascadero Parks and Recreation Commission Staff Report — Community Services Department Presentation by the Central Coast Zoological Society to Create a Proposed Assessment District to Support the Charles Paddock Zoo RECOMMENDATION: Council authorize the Central Coast Zoological Society to explore the creation of an Assessment District to support the Charles Paddock Zoo. DISCUSSION: Background: The Central Coast Zoological Society has held discussions with City staff regarding options to secure the long term future of the Charles Paddock Zoo. The Central Coast Zoological Society has partnered with the City to support the Zoo since the organization's incorporation in 1965, originally as the "Children's Zoo Friendship Society." The primary role and purpose of the Society was and is to provide private sector support to improve the Zoo, and promote the success of the Charles Paddock Zoo. To date, the Central Coast Zoological Society has been a crucial partner in cultivating resources to maintain and develop the Zoo. The Society's efforts to date demonstrate the value of the collaboration between the City and a non-profit sector partner. The unprecedented and historic changes to the economy, both nationally and locally, have impacted the City and its ability to fund and operate the Charles Paddock Zoo as well as other City services. The Zoo's long term future is uncertain. Will the City be able to continue to provide adequate resources to develop the Zoo Master Plan, meet AZA and USDA standards and operate a first class zoological facility? The answer is not fully known, but it is doubtful that there will be adequate tax supported General Fund revenues available to meet the Zoo's future needs. The Charles Paddock Zoo is a significant regional asset for tourism, education and conservation. The Zoo economic impact outside the gates can continue to grow, if the Zoo is able to develop the Master Plan and continue to make needed improvements. The Central Coast Zoological Society believes that one way to accomplish that may be the formation of a regional assessment district that could support the Zoo. This is an ITEM NUMBER: C - 1 DATE: 08/09/11 important turning point to begin to explore if there is a model, such as an assessment district, that can generate adequate financial support for the Charles Paddock Zoo in the years ahead. The Central Coast Zoological Society has been working on a plan to determine if an assessment district would be feasible. The Society's representatives would like to make a presentation to the City Council to discuss moving forward with the planning stages of a citizen-based effort to form an assessment district to help secure the long term future of the Zoo The Charles Paddock Zoo is an outstanding tourism asset and educational and conservation facility. The Zoo touches the lives of thousands of people annually, but it needs to have stable and secure financial support to meet its obligations and grow into the future. It is essential that the Zoo continues to be modernized to meet current and future needs. We must plan now to maintain and enhance this tremendous regional community treasure. The Council is being asked to comment on the assessment district proposal, and give direction as may be appropriate. FISCAL IMPACT: The Zoological Society Study on the possible creation of an assessment district to support the Zoo will have no fiscal impact on the City. A Zoo assessment district would have a significant positive fiscal impact on the City. { ITEM NUMBER: C - 2 DATE: 08/09/11 y $CM Atascadero City Council Staff Report — City Manager East Mall Pedestrian Bridge Access Approval of Purchase Agreement for 5901 East Mall Lot 14, Block OL (City of Atascadero) (Request for authorization to purchase property from Robert and Elise Olson) RECOMMENDATION: Council authorize the City Manager to execute a Purchase Agreement with Robert and Elise Olson in the amount $124,000 for the purchase of a 2,500 square foot, vacant lot at 5901 East Mall, Atascadero, deemed necessary for adequate public access to the proposed Atascadero Creek pedestrian bridge. DISCUSSION: Background: The City's Downtown Revitalization Plan Identified a need for a pedestrian bridge across Atascadero Creek, linking the Sunken Gardens to Colony Square. The pedestrian bridge project was recently identified as a top priority by the Redevelopment Agency. The project is currently funded and in the design and environmental review process. The bridge is slated to be completed by September 2012. The purpose of the bridge is to both enhance access and enjoyment of the creek and to provide a functional pedestrian connection between Downtown and Colony Square. The pedestrian bridge will provide access to public parking areas around the Sunken Gardens that will serve Colony Square at peak times. The pedestrian bridge will also create a visual link between historic City Hall (Veterans Memorial Building) and the Galaxy Theatre rotunda. enue Ka f ca Parki pi. P ng A I y I r I (r Bank Amer f=7 City Offices Y Administration ` -%.Pedestrian link =, 's„ ;"' n u e Ruilclin a��owntoun ti l I' vCrccl:sr �r `�� .QQQoluuuoaaarrrnCCCy. ,A", ' ,. . Sunken Gardens W ' Existing Motel 1.4 _ �► > � - _ - - � - ? -- no Pedestrian bridge alignment was ` intended to follow an open view Denny, -Ioore G corridor between Historic City Hall � and the theater rotunda. Analysis: One of the primary issues identified in the design of the pedestrian bridge is the lack of a direct public connection between the pedestrian bridge location and East Mall. A direct walking connection is very important to the usability and safety of the pedestrian bridge. Staff, including the Police Department, has concluded that in order for people to use the bridge in the evening for theatre parking, a straight, well lit path between East Mall and Colony Square is a high priority. Staff has identified the lot at 5901 East Mall as the most suitable location for a pedestrian connection to East Mall. The lot is located along an ideal visual axis between City Hall and the theater, right on the corner of East Mall and Palma Avenue. Purchase of the lot will allow the City to provide a straight line pedestrian connection and maximizes security and police monitoring of the bridge. OxAii i 1I ell a ,f e i/ e ' �.�S r J s y Olsen Parcel 5901 East Mall P dy �m w m" d a�'O•R o m Axial view corridor , between City Hall ` and Galaxy Theatre ` a*-7o 5901 East Mall Purchased The City Council has authorized staff to enter into negotiations to purchase the parcel for $124,000. The vacant, 2,500 square foot lot at 5901 East Mall is owned by Robert and Elise Olson. The Olson's have accepted the City's offer and signed a purchase agreement and grant deed (refer to Attachments 1 and 2). FISCAL IMPACT: The purchase of the lot would result in the expenditure of $124,000 for the property. There will also be some addition title and escrow fees due at closing. Staff will have an exact number at the Council meeting. The City currently has $200,000 budgeted for "Downtown Property Purchase" under the Blight Elimination Project Fund which this purchase is consistent with. The City has contracted with the Redevelopment Agency to undertake blight elimination projects. ALTERNATIVES: 1. The City Council may request additional staff analysis of issue. 2. The City Council my decline to purchase the parcel. ATTACHMENTS: 1. Purchase Agreement and related Exhibits 2. Signed Grant Deed Attachment 1: Purchase Agreement PARCEL NO.: 029-347-032 (Olson) PROJECT: Pedestrian Bridge Landing TITLE REPORT NO.: 4001-3739347 ESCROW NO.: AGREEMENT NO.: AGREEMENT FOR ACQUISITION OF REAL PROPERTY (WITH ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this day of .2011,by and between the City ofAtascadero,a municipal corporation(hereinafter called"Buyer"), and Robert E.Olson and Elise G.Olson,husband and wife as community property(hereinafter called "Seller"),for acquisition by Buyer of certain real property as hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller,upon the terms and for the consideration set forth in this agreement,all that certain real property(hereinafter called "Property")situated in the City of Atascadero,County of San Luis Obispo,State of California, and legally described as follows: See Legal Description attached as Exhibit A hereto. 2. PURCILASE PRICE. The total purchase price,payable in cash through escrow,shall be the sum of One Hundred Twenty Four Thousand Dollars(S]24,000). 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances,assessments,easements,leases and taxes, EXCEPT: A. Taxes for the fiscal year in which this transfer occurs. B. Quasi-public utility,public alley,public street easements and rights of way of record. C. Items numbered i through S of the above referenced title report dated April 1, 2011,issued by First American Title Company,Order No.4001-3739247. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of deed to Buyer,provide Buyer with a CLTA Standard Coverage Policy of Title Insurance in the amount of $124,000 issued by First American Title Company showing title to the Property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 hereinabove,and the printed exceptions and stipulations in said policy. Seller agrees to pay the premium charged therefor. 5. ESCROW. Buyer agrees to open an escrotiv in accordance with this Agreement at First American Title Company. This Agreement constitutes the joint escrow instructions of Buyer and Seller,and Escrow Agent to whom these instructions are delivered is hereby empowered to act I under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible tune, Seller has executed a deed to Buyer, for deposit into escrow concurrently with this Agreement. As soon as possible after opening of escrow, Buyer will deposit the executed deed, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for #ire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow fiends in a general escrow trust account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the Property; B. Escrow is not to be concerned with pro-ration of Seller's taxes for the current fiscal year if this escrow closes between July 1 and November I unless current tax information is available from title insurer between October 15 and November 1. In the event said tax information is available, Seller's taxes shall be pro-rated in accordance with Paragraph "C" below, From July I until November I and the ensuing period, when the tax information referred to above is not available, SelIer's pro-rata portion of taxes due to close of escrow, shall be cleared and paid by Seller, outside of escrow,pursuant to provisions of Section 50S2 through 5090 of the Revenue and Taxation Code of the State of California. C. From the date that tax infornation is available, as per Paragraph "B" above, up to and including June 30, Seller's current taxes, if unpaid, shall be pro-rated to date of close of escrow on the basis of a 365-day year in accordance with Tax Collector's pro-ration requirements, together with penalties and interest if said Current taxes are unpaid after December 10 and/or April 10. At close of escrow, a check payable to the County Tax Collector for Seller's pro-rata portion of taxes shall be forwarded to Buyer with closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shal I have the sole right, after close of escrow, to apply to the County Tax Collector of said County for refund of such taxes which may be due Seller for the period atter Buyer's acquisition pursuant to Revenue and Taxation Code Section 5096.7. 2 ESCROW AGENT IS AUTHORIZED TO, AND SHALL: E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F. Pay and charge Buyer and Seller for any escrow fees, charges and costs payable under Paragraph 6 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean die date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time Iii-nits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If(except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 90 days from date of these instructions, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or Property; but if none have complied no demand for return thereof shall be recognized until ten (10) days after Escrow Agent shall have mailed copies of such demand to all other parties at their respective addresses shown in these escrow instructions, and if any objections are raised within said ten (10) day period, Escrow Agent is authorized to hold all papers or documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing this escrow as soon as possible. Responsibility of Escrow Agent under this Agreement is expressly limited to Paragraphs 1,2,3, 4, 5, 6, 7, 10, and i I and to its liability under any policy of title insurance issued in regard to this transaction. G. ESCROW FEES CHARGES AND COSTS. Buyer agrees to gray all usual escrow, title and recording fees, charges and costs which arse in this escrow, except:any costs specifically associated with providing clear title to the Property to Buyer in accordance with the provisions of Paragraph 3 of this Agreement, which costs shall be borne by Seller. 7. LEASE INDEIVINII+ICATION. Warrants there are no oral or written leases on all or any portion of the herein referenced real property. Seller agrees to hold the Buyer harmless and reimburse Buyer for any and all of the expenses occasioned by reason of any undisclosed lease of said property held by tenant of Seller. 3 S. TESTING, INSPECTION,ENTRY ON PREMISES, AND RESPONSIBILITY FOR CONDITION OF PREMISES. Seller grants to Buyer, and its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making all such inspections, tests, borings, samplings, and other such investigations as Buyer shall deem reasonable to detennine the physical condition of the Property, including, but not Iimited to, the existence of asbestos, lead-based paint and other surface coverings, and the existence on, or contamination of the Property by"hazardous materials". Should Buyer discover any physical condition of the Property which Buyer deems unacceptable, Buyer may tenninate this Agreement and cancel the escrow,by giving written notice to Seller and escrow holder, within sixty-five(65) days after the date of Buyer's execution of this Agreement. Upon receipt of written notice of Buyer's intent to terminate this Agreement, escrow holder shall return all money and documents deposited in escrow to the party originally making such deposit, and neither party shall have any further obligation to the other under this Agreement. Buyer's failure to give written notice of termination of this Agreement within sixty-five (65) days of the date of Buyer's execution of this Agreement shall be deemed Buyer's acceptance of all such conditions of the Property, as Buyer could have discovered by reasonable inspection, testing,boring, sampling, and other investigations of the Property. As used in this Agreement, the term"hazardous materials"means all flammable, explosive, noxious, toxic, or otherwise dangerous materials, wastes,products, or substances, the handling, use, discharge, or release of which is regulated or the contamination by which is prohibited by any federal, state, or local statute, ordinance, rule, or regulation, including,but not limited to, those substances defined as"hazardous substances,""hazardous materials,"or"toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1950, as amended,42 U.S.C. Section 9601, et seq.; The Hazardous Materials Transportation Act,49 U.S.C. Section 1801, et seq.; The Resource Conservation &: Recovery Act, 42 U.S.C. Section 6901, et seq.; and also including those substances defined as "hazardous waste"in Section 25117 of the California Health and Safety Code or as "hazardous substances"in Section 2533 16 of the California Health and Safety Code, and those chemicals to which reference is made in the Safe Drinking Water and Toxic Enforcement Act of 1956, Section 25249.5, et seq. of the California Health and Safety Code, 9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. CLOSING STATEIVIENT. Seller hereby authorizes and instructs Escrow Agent to release a copy of Seller's closing statement to Buyer;purpose being to ascertain if any reimbursements are due Seller. 11. TAN REPORTING AND WITHHOLDING—NON-FOREIGN STATUS. The Foreign Investment in Real Property Tat Act of 1980, as amended by the Tat Reform Act of I984, places special requirements for tax reporting and withholding on the parties to a real estate transaction where the transferor (Seller) is a non-resident alien or non-domestic corporation or partnership, or is a domestic corporation or partnership controlled by a non-resident or non- resident corporation or partnership. 4 Seller hereby advises Buyer that Seller is NOT a "foreign person" for the purposes of Section 1445 (as may be amended) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated thereunder, and that, in accordance with the provisions of Section 1445, Seller shall execute an affidavit under penalty of perjury setting forth Seller's name, address, federal tax identification number, and certifying that Seller is not a "foreign person" in accordance with the provisions of the Internal Revenue Code. It is specifically understood and agreed by Seller that closing of this escrow is subject to, and contingent upon, deposit into escrow, or notification to Escrow Agent by Buyer, of receipt of said Affidavit. 12. MISCELLANEOUS TERMS. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigms and successors of the parties hereto. This Agreement contains the entire agreement between the parties, and neither party relies upon any warranty or representation not contained in this Agreement. This Agreement is subject to and conditioned upon approval and ratification by the City Council of the City of Ataseadero. This Agreement is not binding upon Buyer until executed by the appropriate City official(s) acting in their authorized capacity. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first set forth hereinabove. SELLER Dated: -- R'�-t-E:Oln Dated.: 7 } ��' � ( � ��,�!?.� �..1• ,-/�j_�Y(, f Eiise G. Olson SELLER'S MAILING ADDRESS: i3�8-Capi�e�O 4V-a�B• San Luis Obispo, CA 93401 i 5 BUYER: CITY OF ATASCADERO, a municipal corporation Dated: By Name: Title: NIA11ING ADDRESS OF BUYER: City of Atascadcro 6907 EI Camino Real Atascadero, CA 93422 APPROVED AS TO FORM: ATTEST: By: By: City Attorney City Clerk APPROVED AS TO CONTENT: By: 6 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Atascadero, County of San Luis Obispo, State of California, described as follows; Lot 14 in Block"OL"of Atascadero, in the City of Atascadero, County of San Luis Obispo, State of California, according to Amendment"N" to map of Atascadero recorded September 3, 1925 in Book 4, Page 67-C of Maps, in the Office of the County Recorder of said county. Excepting therefrom all streets, roads and alleys as shown on the map above referred to. Also excepting therefrom all oil and minerals in,under or upon said land. APN; 079-347-032 Attachment 2: Signed Grant Deed Recording Requested By IIanmer,Jewell&Associates GoN,enunent Real Estate Services When Recorded Mail to City of Atascadero Attn:Jim Lewis,Asst City Manager 6907 El Camino Real Atascadero,CA 93422 SPACE ADOV E THIS LINE FOR RECORDER'S USE APN:029-347-032 NO ITE DUE-Gov't Code 6103 No Documentary Transfer Tax per Revenue Taxation Code 11922 GRANT DEED FOR A VALUABLE-CONSIDERATION,receipt of which is hereby acknowledged, Robert E.Olson and Elise G.Olson,husband and wife as community property herebyGRANT(S)to the City of Atascadero,a municipal corporation the real property in the City of Atascadero,County of San Luis Obispo,State of California,described as Lot 14 in Block"OL"of Atascadero,in the City of Atascadero,County of San Luis Obispo,State of California, according to Amendment"N"to map of Atascadero recorded September 3,1925 in Book 47 Page 67-C of Maps,in the office of the County Recorder of said county.Excepting therefrom all streets,roads and alleys as shown on the map above referred to. Also excepting therefrom all oil and minerals in,under upon said land. GRAN R Dated —71Z8111 ober[ -' son �f1 Elise G:Olson State of California Countv of San Luis Obispo On before me, personally appeared Robert E.Olson and Elise G.Olson.personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose nanne(s)is/are subscribed to the within instrument and acknowledged to me that he!she/thev executed the same in histher/their authorized capacity(ies),and that by his/her/their sigmatures(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed die instrument. WITNESS my hand and official seal SignatureG c FGC 'e-(Seal) City of attl,radcro%Pcdeslri;m Bridge Laadule OI3lIH;llLLd f1.13-I I CALIFORNIA ALS.-PURPOSE ACKNOWLEDGMENT .C�•.C-:`i'.C:C'.[:C`.G'C�.C�C`.C:�'.C`Z^.(:'C.(:`C�.(:C'.C'C.(:C".C;C'.C:'C�.[�`C�.fC'.C:'C�.C::{�:'C'.C'':C`.G'.:l^.C:G.C'.ti�.C:C` '�C-.C:�'.C^.C`.��C'.G'C`.C:C.C:'C�.S�C.(^.C�.Ch�-:�.C:l�.t�'.C�".(^�'.(�.C`C�.(�.C't.C:r,O,(� fi State of California fi County of - fi On - 2 Z -// before me, '. (� ` ✓c' , /IIU C % -�` Date r J IHem Ins€rt Name and Titl6 of the Officer t personally appeared .... it l�,�t' �%� �`--7,' Name(s)of Signer(s) fi who proved to me on the basis of satisfactory evidence to be the person(s-)-whose name(s_) is/afe- fi subscribed to the within instrument and acknowledged fi to me that hB/sheAhey executed the same in fi his/her/their authorized capacity(iea), and that by fi -his/her/th& signature(s-)- on the instrument the fi person(*, or the entity upon behalf of which the JOYCE L. Sperson(s�acted, executed the instrument. EAT t, . COMM. ?6870922 5 fi =`_` � NOTARY PUBLIC-CALIFORNIA 1 certify under PENALTY OF PERJURY under the SAN LUIS OBISPO COUNTY o � laws of the State of California that the foregoing My Comm,Expires Oecamber 6,2013 { - paragraph is true and correct. fi WITNESS '-handartand official seal. Signature: Place Notary Seal Above ,' —j—Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove Taluable to persons relying on the document fi and could prevent fraudulent removal and reattachment of this form to another olocument. Description of Attached Document fi Title or Type of Document: ' fi fi Document Date: Number of Pages: fi fi Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: fi 0 Corporate Officer—Title(s): El Corporate Officer—Title(s): ! U Individual El Individual ' C'+ Partner—0 Limited J General Top of thumb here 01 Partner--❑Limited IEE General Top of thumb here fi L Attorney in Fact C Attorney in Fact r Trustee Trustee C Guardian or Conservator /%� Cf Guardian or Conservator C Other: !Other: fiSigner Is Representing: Signer Is Representing: Q 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6627) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.t;tcrc�.cr.�ri rcr.M,ccs,�:rx:�.<c.M.crisomn.�r-crn�crcr.M.crcc"crcr.M.cr.M.m.M.cc.recrc�r.crcrc�.cri:rcrcrn-..ir.M.�.v fi State of California fi County0f ��r1 •i '` 1 �' fi On f t�o/l before me, � _t ✓ r , r��GtG ' �c" fiBate / _Here Insert Name and Title of the Officer ( ' i fi personally appeared ` Name(s)of Signers) . fi fi fi who proved to me on the basis of satisfactoryI evidence to be the persons)-whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ? fi his/her/their authorized capacity(ies), and that by fi his/her/their signature(s) on the instrument the 5^cxs.�ss —' � person(s), or the entity upon behalf of which the JC`+'Cc L. SEAT COMM. #107092-2 person( )-acted, executed the instrument. " SICGALIFORNIA AN fi cn �/ 1 certify under PENALTY OF PERJURY under the !h; emn.�z Cnitas Qncem✓;er 6,2613- laws of the State of California that the foregoing paragraph is true and correct. fiWITNESS my hand and official seal. Signature: �r Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 2 Description of Attached Document fi Title or Type of Document: fi � fi Document Date: Number of Pages: fiSigner(s) Other Than Named Above: fi Capacity(ies) Claimed by Signer(s) fiSigner's Name: Signer's Name: fi C Corporate Officer—Title(s): '©Corporate Officer- Title(s): fi C Individual 01.lndividual 1= Partner—EW-.s Limited Ci General Top of thumP6 here G Partner—C:Limited ❑General Top of thumb here fiC Attorney in Fact Attorney in Fact C Trustee / V Trustee fi Cl Guardian or Conservator D Guardian or Conservator G Other: �/ G Other: hh fiSigner Is Representing f Signer Is Representing: 0 2009 National Notary Association•NationalNotary.org-1-800-US NOTARY(1.800-876-6827) Item,15907 CERTIFICATE OF ACCEPTANCE This is to certify that the City of Atascadero hereby accepts for public purposes the real property, or interest therein, described in that deed dated , from Robert E. Olson and Elise G. Olson, grantors therein, to the City of Atascadero, a municipal corporation, grantee therein, and consents to the recordation thereof. hi Witness Whereof. I have hereunto set my hand this day of 72011. Citv of Atascadero By: Name: Title: