Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 05/24/1994
PI LIC REVIEW. 00PY FROM QQLINTEP, AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM MAY 24, 1994 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Govemment Code Section 54954.2. By listing a topic on this agenda, the City Council as expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy ormission of the item;discontinuance of considers on;authorization to enter into negotiations and execute agreements pertaining to the tem; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each 'tem of business referred to on the agenda are on file in the office of the City Clerk (Roo 208) and in the Information Office (Room 103), available for public inspection during City Nall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need spe ial assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 46 -5074). Notifica- tion at least 48 hours prior to the meeting or time when services are nee ed will assist the City staff in assuring that reasonable arrangements can be made to pr vide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the I agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speakE r may respond but, after the allotted time has expired, may not initiate f urthE r discussion. * The floor will then be closed to public participation a d open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments: o Presentation of recognition plaque to Mike Kirkwood for his services as a member of the City's Economic Round Table o Proclaim June 1994, "Zoo & Aquarium Month" COMMUNITY'FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7. Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Nacimiento Water Purveyors Advisory Group B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted ' upon separately after the adoption of the Consent Calendar: 2 1. CITY COUNCIL MINUTES - April 26, 1994 (cont'd from 5(10/94) 2. CITY COUNCIL MINUTES - May 10, 1994 3. CITY TREASURER'S REPORT - April 1994 4. RESOLUTION NO. 36-94 - Authorizing the execution of an agreement with the low-bid vendors on Bid #94-2 for rehabilitation of Dial-A-Ride transit vehicles as noted. 5. APPROVE CERTIFIED CITY ACCOUNTS PAYABLE, PAYROLL AND PAYROLL VENDOR CHECKS FOR THE MONTH OF APRIL 1994 6. RESOLUTION NO. 35-94 - Providing for the issuance of 1994-95 Tax and Revenue Anticipation Notes 7. RESOLUTION NO. 37-94 -Authorizing the purchase of real property located at 2000 Ramona Rd. from Ronald L. and Paula J. Topley for the purpose of a proposed fire station, authorizing the City Manager to a ecute appropriate deeds, authorizing the recording of said deeds and authorizing the transfer of funds 8. RESOLUTION NO. 38-94 - Authorizing the execution of n agreement with Brett's Tractor Service for Weed Abatement Services C. PUBLIC HEARINGS: 1. WEED ABATEMENT APPEALS HEARING 2. AMAPOA AVENUE - MULTI-FAMILY DENSITY A. Resolution No. 22-94 - Approving an amendment to the land use map of the Land use Element on Amapoa Ave., between Curbaril Ave. and Portola Rd. (GPA 93-1; City of Atascadero) B. Ordinance No. 278 - Amending map 17 of the Official Zoning Maps by rezoning certain real property on Amapoa Ave. from RMF-10 flow- density multi-family) to RMF-16 (high-density multi-family) (ZC 93-006; City of Atascadero) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by titleonly) 3 D. REGULAR BUSINESS: 1. CONSIDERATION OF PLANNING COMMISSION REPORT RELATIVE TO ACQUIRING THE PRINTERY/MASONIC TEMPLE BUILDING AT 6351 OLMEDA A. General Plan Conformity Report B. Resolution No. 39-94 - Authorizing the execution of agreements with Atascadero Temple Association for acquisition of the Atascadero Masonic Temple as a Community/Youth Center 2. CDBG ECONOMIC STUDY - Consideration of Economic Round Table's recommendation for consultant 3. COMMUNITY ADVISORY COMMITTEE: HIGHWAY 41 REALIGNMENT - Request of Councilmember Highland to appoint two members E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTICE: The City Council will adjourn to a Closed Session for the following purposes: 1)- Conference with Legal Counsel- Existing litigation, entitled McMeans/Torgerson v. City of Atascadero 2) Conference with Legal Counsel -Anticipate initiation of three matters of potential litigation 4 "ZOO & Ar]PiPLI iUM Mon*i.. JUKe, 1994 WHEREAS, The zook8ical Parks and Aquarims of North Americo serve the ° , o yenple and antntk to6etker, them g& to mderAW4 cacern and commitwent to wiWe ; d taMER,EAS, Tkq yrovtde a vital link to global co servat� efi ; aid in over 2v million school children each year; aid WHERES, They actively Sc0 studs for ,d"pmove the bem WWe of the *net, and WHEREAS, T67 yrovtde imyortant ahral, recreatt M9l AUd e&A&W drtmwf over 103 mt o)ok each year NOW THEREFORE I, ROBERT NIMMO, Mqor of the Ch YrXI9im the xmtk Jane, 1994 aS IZOO & A ur to and take yrtde to the great achievemlents of the may m rs of�r � SO Wd CMmtq for their hard work #n the cont m ing enkancemad of the d wries PgAW ZOO. ROBERT NIMM4, hayor city of Atascadero, ca May 24, 1994 Agenda [tem: B.1 Meeting Date:; 4/26/94 ATASCADERO CITY COUNCIL APRIL 26, 1994 MINUTES The Mayor called the muting to order at 7:00 p.m.,and led the°P edge of Allegiance. ROLL CALL: Present: Councilmemb rs Bewley, Borgeson, Luna and Mayon" Nimmo Absent: ; One Seat Vacant Also Present: Micki Korba, City Treasurer Staff Present; Andy Takata, City Manager/Dir. of C mmunity.Services, Henry Engen, Community Developme t Director, Wendy Stockton, sitti g in for Art Montendon, City Attorney, Buss Scotten, Intern in Director, Mil McCain, Fire Chief;Sgt. John Ba low, Police Dept., Steve 'Sylvester, City Engineer City Council Comments: o Res. No. 31-94 - Certifying 4/12/94 Special Election results MOTION: By Councilman Luna, Councilman Bewley to adopt Resolution No. 31-94;motion caj ried unanimouslyby roll call vote. o Administration of Oath of Office to newly-elected ouncillman George Highland Oath was administered by Deputy City Clark Cindy Wilkins. Councilman Highland introduced his wife, Bea, and other members of his family present in the audience before being welcomed to the dais by Mayor Nimmo. Mayor Nimmo welcomed students from the AHS Political SciencE class in attendance to observe the meeting. Proclamations: a "National Day Y of Prayer", May 5, 1994. Mayor Nimmo read the- proclamation he.proclamation into the record. © "Month of the Child", April 1994. Mayor N rnmo read then presented the proclamation to a representative of Community Partners in Child Care. 10 "Water Awareness Month", May 1994. Mayor.Nimrno read then pre- sented the proclarnation to Ken Weathers of Atascadero Mutual 'Motor Co. 0 "Youth, Week", May 1.8, 1994. Mayor'Nimrno read then presented proclamation to Arnold Rickham of the Atascadero.Elks Lodge.' MOTION: By Councilman Highland, Councilman Bewley to :bring back. for reconsideration, on an early future Council agenda, the-Gorwal, Plan/zoning amendment application pertaining to Amapos Mo., which affected !Curt Stone;motion catilad unanimously any mffca vote. 990MMUMIT FOM: i Lanny Dugar, $330 Banta Rosa Rd., spoke in support of an ordinance change to provide for administrative due prooess before costs for City-contracted weedradsance abatement can be_placed on property tax bills. He then -made the observation that septic systems are also considered a nuisance in Atasoadero. He urged Counefl to consider tha savor and weed abatement ordinarwes of ether cities and expnwood that sewer issues a rhe addressed by Uniform Plumbing Com. Denny McKee, Political Sciencecla ss'instructor,speaking a a member of a c r t . currently`working on the National Community Service Trust Act Gram for'Seni L " Obispo County, conveyed the committee is working on a planning grant pr000sal ' which has an application-deadline of;May 10, 1994.` He read the missionart nt for the grant {support materials are on file in the City Clerk`s Office as "Exhslt A" tO these minutes} Torn Austin, 7106 Santa Ysarbel, conveyed that he attended a seminar on-violentain , the community, held 419194 at Atascadero State Hospital, and he encouraged that the Council accept non-violence as the norm in the community as'a step,towarda.# cal solution. CC04/26/94 Page A. COMMITTEE REPORTS: 1 . S.L.O. Council of Governments/Regional Transit Authority - Meets next week, per Mayor Nimmo. 2. Solid/Hazardous Waste Task Force- Meets next weelk, per Henry Engen. 3. County Water Advisory Board - Meets next month, per Councilwoman Borgeson. 4. Economic Round Table - Andy Takata conveyed the ERT has been discussing a proposal from the Golden State Baseball League to construct a facility on property near Santa Barbaral Rd. in Atascadero. The proposal is very speculative at this point, and a subcommittee of the ERT continues to explore options. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - April 14, 1994 2. TTM 93004, 8625 PORTOLA RD. - Request to subdivideone 3.2 ac. lot into five lots of approx. 25,000 sq. ft. each (Boneso/Westland Engineering) 3. TPM 92010, 7400 BALBOA RD. - Acceptance of final parcel map for the subdivision of one parcel containing 6.26 ac. into two parcels of 3.13 ac. for single-family residential use and for an exception to Subdivision Ordinance Standards relative to improvement and ownership of the;proposed "flag lot" accessway (Woodruff/Wilson Land Surveys) 4. RES. NO. 01-94 - Proposed change to Board of Appeals Ryles of Procedure as it relates to Chair and Vice-Chair election schedule 5. RES. NO. 27-94 - Declaring weeds a public nuisance and commencing abatement proceedings 6. ACCEPTANCE OF THE CAMINO REAL FASHION OUTLET SEWER MAIN EXTENSION PROJECT AND APPROVE THE RELEASE OF RETENTION 7. PARKS AND RECREATION COMMISSION VACANCIES '' AUTHORIZE CITY CLERK TO OPEN RECRUITMENT 8. SCHEDULE INTERVIEWS FOR APPLICANTS TO BOARD OF APPEALS - SUGGEST MAY 10, 1994 9. RENEWAL OF CONTRACT WITH S.L.O. COUNTY ANIMAL REGULATION Mayor Nimmo pulled Item B-8, and Councilwoman Borgeson pulled Items B-2 and B-9 for separate discussion. • CC04/26/94 Page 3 MOTION: By Councilwoman Borgeson, Bewley to approve Consent Calendar Items B-1 and B-3 through B-7; motion carried unanimously by roll call vo te. Re: Item #13-2: Councilwoman Borgeson conveyed the concerns of neighbors who want assurances that a drainage plan will be required for the proposed subdivision so adjacent properties are not adversely affected. Steve Sylvester reviewed the conditions of approval that address drainage concerns. Additionally, Councilwoman Borgeson inquired if dedication of some of the lots for low-/moderate-cost housing was considered by the Planning Commission, citing language in the Subdivision Map Act pertaining to the City's authority to require such housing set-asides. Henry Engen responded no such requirement was placed on this application. He further clarified that staff has used a density bonus approach on multi-family projects heretofore. The Map Act applies on tract maps, made up of five lots or more; because of pre- subdivided nature of Atascadero, such applications are infrequent. MOTION: By Councilwoman Borgeson, Mayor Nimmo to approve Item B-2; motion carried unanimously by roll call vote. Re: Item #13-9: Councilwoman Borgeson conveyed that she pulled this item for a member of the public who wishes to address it. Daphne Fahsig, 5105 Llano Rd., expressed concern that there is no provision for spay/neuter in the Animal Regulation Contract and asked if the Council is proposing a method separate from the contract for funding this program. Sgt. Barlow noted that, although the spay/neuter program is an item separate from the contract, the Council did previously approve $5,000 for it. Andy Takata added that funding for the spay/neuter program will be considered as part of the budget process. Ms. Fahsig encouraged that the funds be released as soon as possible, while puppies and kittens are being born. MOTION: By Councilwoman Borgeson, Councilman Luna to approve Item B- 9; motion carried unanimously. Re: Item #13-8: Mayor Nimmo proposed that the Board of Appeals candidate interviews be conducted at 7 p.m. on May 10th and that the three incumbent applicants not be required to interview. CC04/26/94 Page 4 MOTION: By Councilman Highland, Councilman Bewley to approve Item B-8, as amended to change the interview time to 7 p.m. and interview only applicants Phil Wachtel and Karen Lewis; motion carried unanimously. C. PUBLIC HEARINGS: 1. RESOLUTION NO. 30-94 - Establishing the boundaries for Utility Undergrounding District No. 3 (Morro Road and Amapoa Ave.) Henry Engen provided staff report and responded to questions from the Council. Councilman Luna asked if any precedents had been set on ptior undergrounding projects with respect to permit fee waivers, to which Mr. Engen responded no. Councilman Luna conveyed the concern of a constituent that a 50i' right of way would place the underground utilities in his living room. Mr. Engen clarified the 50' setback is intended to include the area where poles are located. Jim Haas of PG&E responded to questions from the Council. He explained that six or seven parcels can be served from one transformer, which will be located at various central locations along the project. He then explained the conversion process and clarified costs involved. Public Comment: Calvin Laster, 6570 Morro Rd., noted the presence of pipelines aind high-voltage line on that property. Mr. Haas responded that the side of the street for the under- grounding has yet to be determined, and input from all affected properties will be solicited once the formal engineering process begins. He added that PG&E will stay away from any other utilities as much as possible and will seek the best route onto each property. Glen Lynch, P.O. Box 159, Paso Robles, owner of one and representing eight families residing on Amapoa Ave., requested exclusion of that street from the project and asked the Council to find a way to fund needed street repairs. Mayor Nimmo noted the issue before the Council is not one of fixing the street and asked if Mr. Lynch is opposed to undergrounding utilities on Amapoa. Mr. Lynch' responded no but encouraged that the road repairs be prioritized to occur at the same time as the under- grounding project. Kathy Koop, 8315 Amapoa Ave., encouraged the Council to 'keep the matter of improving that street in their minds, despite that it is not at issue tonight. She noted that underground service already exists from the street to her unit and asked what . CC04/26/94 Page 5 hook-up requirements she faces. Mr. Haas responded none; any existing available • service from PG&E will not impose further costs to property owners. Joyce Node, 7000 Morro Rd., inquired exactly what costs are involved, including for cable and telephone. Mayor Nimmo responded precise costs would be difficult to determine at this time and he referred to the estimated costs presented in staff's report. Jess Lee of PacBell was in the audience and indicated there would be no conversion fee unless the installation was over 100 feet to the point of connection. Falcon Cable was not represented for comment. Mr. Haas responded to Ms. Node's cost and installation questions. Donald John, 8311 Amapoa, expressed concern about the quality of the road patching following the installation project. Jim Duffy, 14355 Mesa, who owns property at 8180 Morro Rd., spoke in support of the project, citing the advantage of PG&E absorbing the major costs. Mr. Laster spoke again, asking additional questions about the possible design of the project, to which Mr. Haas responded. Ms. Node spoke again, asking how long businesses would be interrupted during the trenching process, to which Mr. Haas responded. He noted that affected properties would have a minimum of 60 days to coordinate the actual conversion of the power lines. MOTION: By Mayor Nimmo, Councilman Luna to adopt Resolution No. 30- 94, including options 2 and 3 in staff's report; motion carried unanimously by roll call vote. D. REGULAR BUSINESS: 1. APPROVAL TO BEGIN PRELIMINARY ASSESSMENT DISTRICT PROCEDURES FOR ORTEGA RD. AND RAMAGE AVE. Mr. Engen provided staff report. Mayor Nimmo conveyed that he has received calls urging that the Council address this issue as rapidly as possible, and he and Councilman Luna stated they have received no negative calls. There was no public comment. MOTION: By Councilman Highland, Councilman Bewley to approve staff recommendation; motion carried unanimously. CC04/26/94 . Page 6 2. REGIONAL TRANSIT SERVICE ON SATURDAYS AND EVENINGS • Henry Engen provided staff report. Dan Herron, SLOCOG Senior Planner, commented that option three in SLOCOG's 4/13/94 correspondence (in agenda packet), ties in with a yet-undecided issue: what will be done on Cuesta Grade. In any event, whatever final option is chosen for Cuesta Grade, there would be rationale for increasing transit service through there. Public Comment: Rush Kolemaine, Box 1990 Atascadero, hopes to see a review'; of evening service needs in the near future, given the new commercial center on north EI Camino Real and one in Paso Robles. He asked how the operation of Route 9 through the north County will fit into the Paso Robles intermodal transportation center plans. Mr. Herron responded that transit review is an annual process. The annual unmet needs hearings (in December and January) are noticed to the public, and adjustments are made as the market develops. Currently, Paso Robles does intend Route 9 t serve the multi- modal facility once it is in. Eric Greening, 7365 Valle, expressed enthusiasm about a trial rum of Saturday Route 9 service. He suggested the best fare box ratio could be achieved if people from south of the grade could be attracted to the north county, and vice versa. He added a weekend attraction north would be to route the Saturday service by way of the zoo, • lake and pavilion and asked that Council request SLORTA to investigate this. George Beatie, 11205 EI Camino Real, urged support for the transit proposal and suggested that SLOCOG poll the current ridership during the week for interest in an extension of services into the weekend. MOTION: By Councilman Luna, Councilman Bewley, to'',' adopt staff recom- mendation and that, in transmitting the Council's action, SLOCOG be requested to direct weekend Route 9 service via the City's local attractions, including the zoo, lake and pavilion; motion carried unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney - Wendy Stockton, sitting in for Art Montandon, conveyed Art's thanks to those who sent flowers and good wishes on the passing of his mother. City Treasurer- Micki Korba conveyed that she attended a City Treasurers Conference last week. Of note was the comment by an aide from Gov. Wilson's office that there • CC04/26/94 Page 7 is not a population decrease in California, despite the ongoing news of people migrating out of the State; the population is actually increasing. As for the budget, • an increase is anticipated due to an expected 10% increase in costs for grades K-12. She was startled to learn that prisoner services and AFDC costs will increase 33%. She added that, so far, the Governor doesn't have plans to raid city funds. City Manager - Andy Takata announced that Lee Price is attending the City Clerk's Annual Conference in Napa this week. He noted that the next meeting's agenda is light, as he will be out of the country on vacation. MA YOR NIMMO ADJOURNED THE MEETING A T 8.50 P.M. TO MA Y 10, 1994, 7.00 P.M.. MINUTES RECORDED AND PREPARED BY: CINDY WILKINS, Deputy City Clerk Reference: Exhibit "A" (see p. 2), on file in City Clerk's Office CC04/26/94 Page 8 Agenda Item: B-2 Meeting Date: 5124194 ATASCADERO CITY COUNCIL MAY-10, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilper on Highland led-the Pledge of Allegiance. ROLL CALL: Present: C+ouncilmembers Bewley, Highland,Lun a and Mayor I`*rnmo Absent Councilmember Borgeson (ill) Also Present. Muriel "Micki" Korba, City Treasurer 3nd Lee Price, 'City Clerk Staff Present: Andy Takata, City Manager/Direct r of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney; Russ Scotten, Interim Finance Director; Mike McCain, FireChief; Bud McHale, Police Chief and Steve Sylvester, City Engineer COUNCIL !QQMMENTS: 1. CITY'S BUILDING & CONSTRUCTION BOARD OF PPI ALS ' A. Interview of applicants: Karen Lewis and Ph I Wachtel The City Council interviewed applicant, Karen D. "Lewis. Phil Wachtel was not present. The City Council, by ballot, selected Michael She er as the General Contractor member, Kenneth -Lerno, as the Specialty Contract r member and Lyle Curry as the Member-at-Large. B. Resolution No. 34-94 - Appointing three members to the Board of Appeals CC 05110194 Page 1 M0Tl4N: By Councilman Bewley, seconded by Councilman tuna to ad'€ Resolution No, 34-94 appointing three members to the Board of; Appeals; motion carried 4.0. . .33-9_4 Authorizing the retirement and transfer of ownership of Police Canine Bodo Uarn Feidhoeker Land The Police Chief introduced Officer Eckrot and Police Canine Bodo. Followiry brief , background, Chief McHale presented to Officer Eckrot a leather leash and the Presented him with a plaque lof appreciation, OTT By Counci #tuna, set:onded by Councilman Bowley t-o apkbve Resolution No. motion carried 4•0. Cts CITY. ORt1 : Ray Jansen, 8855 Country Club Drive, prouided,edditional testimony relating.toe ` ,. and community attitudes. 1n addition, he displayed a copy of the inter' ndwtspaper Pf MrX !Qgm2gj0n ond encouraged all to pickup a copy. Tom falters,"�tltil-ll ' Dispo � announced the waste-hauler's intent to ch :fir " disposal facility from Chicago'Grade-to Paso Robles Landfill. 'He provided the rationale, and on to brief,questions from the City Council. Mayor Nimmo suggestad the" the Council consider holding a heating at some future time to recti` public up on, the matter. "touncilmernbers Luna and Bewley indicated that they would f+artp" monitor the'situation for the time being. Glen Lewis. may for Chi' Grande Landfill, asked the, Council to $ ' j*S#T.. address the>issue and hear all the facts. Linde Benchman..President of the At" adeno Firefighters Association,a noun ..tri" Atascaddero vould once agaimhost the Ftremaris" uster, May 26-29, noted that theevent was a fund-raiser for the Alicia Ann Rush Burn extended aw invitation to all andre sided an overview of the activities. A. C l' MP_OM (The following represent ad hoc or standing + tees. Informative status reports were given, as follows.}: 1 .L.d. Council of Gove rnents (COW/ 'arra! Transit `# {.SLO TA) - Mayor Nirnmo reported that the delegates had aclooted CongestedWanagoment Plan and certified the Environmental r l p ►ct- Rgport. In addition, he noted that significant discussion was" held CC 06/10/94 Page; 2 pertaining to representation on the Air Pollution Control District Board. 0 2. Cit /School Committee - HenryEngen reported that the next meeting would be held on May 26, 1994 at 1 :30 p.m. in the School District office. 3. Liability Claims Review & Finance Committee - Councilman Luna announced that the committee had met on May 4, '1994 and agreed to recommend that the City pursue another Tax & Revenue Anticipation Note (TRANS). B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - April 26, 1994% 2. RESOLUTION NO. 32-94 - Designating a no-parking zone on Santa Lucia Ave. at the intersection with Corta Ave. 3. ACCEPT NOTICE OF COMPLETION OF CAMINO REAL ':,FASHION OUTLET ROUGH GRADING IN CALTRANS RIGHT-OF-WAY PROJECT 4. ACCEPT NOTICE OF COMPLETION OF EL BORDO AVE./CHALK MOUNTAIN GOLF COURSE WASTEWATER COLLECTION LINE Note: Item #13-1 , April 26, 1994 City Council Minutes, were not available and continued to the meeting of May 24, 1994. MOTION: By Councilman Bewley, seconded by Councilman Luna to approve the Consent Calendar; motion carried 4:0. C. PUBLIC HEARINGS: None scheduled. D. REGULAR BUSINESS: 1. STAFF REQUEST FOR DIRECTION REGARDING TWO PROPOSALS TO ACQUIRE CITY PROPERTY: A. Jehovah's Witnesses Congregation, 6200 Santa Ynez - Proposal to acquire .31 acres of Atascadero Creek Reservation #14 to expand parking Henry Engen provided the staff report and recommendation to decline. CC 05/10/94 . Page 3 Public Comments: is Ken Wilson, congregation member and land surveyor, provided background and support for the request to purchase from the City creekway property located adjacent to the existing hall. Using an overhead transparency, he illustrated the expansion as proposed and indicated that the congregation was willing to provide $5,000 in the way of Oak trees, Sycamore trees and other plant materials (including labor and irrigation) in exchange for acquiring title to the property. Council questions followed. The City Attorney advised that a property appraisal was not mandated and indicated that as long as the transaction was at market value, an exchange, as proposed, would not constitute a gift of public funds. Councilman Luna stated that he had no quarrel with the proposal as presented but suggested that the Atascadero Native Tree Association be consulted to ensure adequate site restoration. Councilman Bewley commented that he would support the offer. Mayor Nimmo noted that he was generally opposed to giving away City creekway, but remarked that it seemed to make sense in this case. MOTION: By Councilman Luna, seconded by Councilman Bewley to direct staff to negotiate the offer put forth by the Jehovah's Witness Kingdom Hall, including a condition that the Atascadero Native Tree Association be consulted with regard to the development of . a landscape plan; motion carried 4:0 by roll call vote. Staff noted that the matter would come back for final approval by the City Council. B. Noble & Sheila Breshears, 11855 Santa Lucia - Proposal to acquire approximately .2 acres (APN 055-431-004) adjoining Graves Creek Reservation Henry Engen provided the staff report and recommendation to decline. MOTION: By Councilman Luna, seconded by Councilman Highland to refuse the offer and approve the staff recommendation; motion carried unanimously. 2. GIVE DIRECTION TO COUNCIL REPRESENTATIVE RE: CITY REPRESENTATION ON AIR POLLUTION CONTROL DISTRICT (APCD) BOARD Mayor Nimmo provided background and presented options. Discussion ensued. There was consensus among the Council that all cities in the County should be represented. CC 05/10/94 Page 4 • Mayor Nimmo indicated that he would carry the recommendation back to the Chairman of the selection committee. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk: Committee Report - League of California Cities Environmental Quality Committee The City Clerk mentioned she would make her notes available for review. ADJOURN: At 8:01 p.m, the meeting was adjourned. The next meeting of the Atascadero City Council will be Tuesday, May 24, 1994 at 7:00 p.m. MINUTES RECORP7 AND PREPARED BY: r LEE PRICE, City Clerk • CC 05/10/94 Page 5 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 From: Micki Korba, City Treasurer t/� Meeting Dates 5/24194 SUB,IEfCT: Treasurer's Report - April 1994 RECOMMENDATION: Council review and accept. MK:cw 000 001 CITY OF ATASCA0ERO TREASURER'S REPORT FOR TIE XOWTH OF APRIL, 1994 GENERAL FISCAL ACCOUNT I ST"NT a AGMum- BEGIN. TEAS: R"S $267,213. $7,034,421. $666,984 '$7,972,618.. BALANCE RECEIPTS 2, 102,664. 71. . 1,693. 2,104f4281-0- DISBURSEMENTS ,104f428,.DISBURS <977,406.> -0- -0- <977,4O6. TRANSFER IN. 100,000. 1,200,000. _0_ 1,300,00 . TRANSFERS OUT <1,,200.000.> <100,000.> -0- C113€0�1 01000> OTHER -0- BALANCE 0-B NCE $292,`471.; $8,138,`492. $668,677. ;9, ., AO. DEPOSITS IN ..0.. TRANSIT CHECKS OUTSTANDING !, < ADJUSTMENTS ADJUSTED T `E R*S BALANCE CITY OF ATASCAD R.4 DIEL C. .KORB City Tre4surer a:treas-rpt #40 ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS RESERVED UNRESERVED CASH ( 1) CASH (2 ) FUNDS General Fund Pooled Cash $ $2,427, 762. ( 3) as Tax Fund Pooled Cash 59, 847 evelopment Fee Pooled Cash -0- A.D. #4 - Reserve Pooled Cash 52,308. Zoo Enterprise Pooled Cash < 91,422.> Payroll Trust Pooled Cash < 94, 924.> TRAN Repayment Pooled Cash 29, 074. Donations Pooled Cash 3, 000. 92 CDBG-NCWS Pooled Cash 0. Dial-A-Ride Pooled Cash < 100, 000.> Wastewater Fund Pooled Cash 1,590, 332. Lake Park Pavil. Pooled Cash < 23,476.> Aquatics Pooled Cash < 7,513.> Recreation Pooled Cash < 30,254.> Tree Plant Fund Pooled Cash 31,296. Tree Assn Fund Pooled Cash 1,457. Sidewalk Trust Pooled Cash 44,481. Emergency Services Pooled Cash 1,579. Police Training Pooled Cash < 3, 128.> Weed Abatement Pooled Cash 24,551. A.D. #3Redemptn. Pooled Cash 14,973. A.D. #4 Redemptn. Pooled Cash 32,747. A.D. #5 Redemptn. Pooled Cash 37,742. Camino Real Redm Pooled Cash < 2, 056.> 92 Street A.D. Redemptn Pooled Cash 44,776. 89 COP Debt Svc Pooled Cash 4, 086. � apital Project Pooled Cash < 137, 154.> 89 COP Const. Pooled Cash < 17,436 .> Pol. Dev. Fees Pooled Cash < 122,549 .> Fire Dev. Fees Pooled Cash 235, 193. P&R Dev. Fees Pooled Cash < 186,232.> Drain. Dev. Fees Pooled Cash 398, 654. Amapoa-Tec. Fee Pooled Cash 198, 815. Public Works Pooled Cash 394,470. St. Main. Dist. Pooled Cash 44, 121. TDA Non-Transit Pooled Cash 199, 670. Sewer Facilities Capital 1,896, 363. Camino Real Const. Pooled Cash 836,587 . Las Encinas Const. Pooled Cash 443, 684 . 3F Meadows Const. Pooled Cash 71,260. TOTAL ALL FUNDS $213,650. $8,091,034. CASH WITH FISCAL AGENT Camino Real Resr Cash $ 201, 000. 92 St. A.D. Resv Cash 45, 170. Wastewater Fund Cash 52,983. Camino Real Redm. Cash 168, 000. 92 St. A.D. Redm. Cash 3,420. 89 COP Debt Svc. Cash 198, 104. • TOTAL WITH FISCAL AGENT $ 668,677 . TOTAL RESTRICTED AND UNRESTRICTED CASH $8,973,361. INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 4/3094 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4 ) Orange County Investment Pool/TRAN $1, 091, 332. $ 50,373. Orange County Investment Pool 7, 040,274. 382, 020. Local Agency Investment Fund 6, 886. 1,986. TOTAL TIME DEPOSITS $8,238,492 $434,379. Mid-State Interest Received 4,733. TOTAL INTEREST RECEIVED $439, 112. (5) Notes: ( 1) Reserved Fund cash is specified for City debt service. (2 ) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $2, 000, 000. (plus interest $69,802) TRAN (Tax Revenue and Anticipation Note) , which is due in July, 1994 from this Fund. (4 ) April, 1994, interest yields were as follows: . Orange County 7.52% LAIF 4.33% Mid-State 1.38% (5 ) This is actual amount deposited to City accounts through April 30, 1994, and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. REPORT To CITY COUNCIL Meeti g Date* S-24-04 111 CITY OF ATASCADER© Agenda Item. Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Development, From: Valerie Humphrey, Engineering Division Dial-A--Ride Bus rehabilitation Adopt Resolution No. 36--94 awarding bids to the low bid vendors detailed therein. ' Bids were solicited on the current fleet of 7 buses in an attempt to determine which vehicles were practical to rehabilitate, It was anticipated that one of the vehicles included in the bid. would be retired due to the receipt of a new bus recent1v taut into. service. It has been determined that Unit #10 will be deleted from the fleet and therefore no bid awards are reccx ended for this unit'. Staff is not recommending awarding the exterior work item at this time due to receiving only One bid on this item. Bids for exterior work will be rebid due to receiving only one response on this item. As noted under Fiscal Impact., the bid award of almost $20,000 is well within the $60,Dot? bud et Because 'of these favorable bids, bids will be solicited on a brake retarder,, system for each- of the bines. This item was not included in the original bid due to the considerable cost involved It now appears that we may be able to fund installation of ;this equipment on at least some of the fleet. FISCAL, IMPACT The budget amount for this project is $60, 000 of which $45,000 is provided through an UMTA Section 18 grant. At this time staff is requesting the award of $19,463.5,1, in various Contracts for this rehabilitation project. The city share of this amount is $4965.88. Staff will return with recommendations on the exterior work and braking systems at a future meeting. Attachment Bid Spread .Sheet Resolution No. 36-9 WWOOG O S C" �"� O� 7 0\ N N M N O b N ti M O, [- tn In O 10 V� 00 O M ri N — N N 7 IT N N M M 10 00 M O O S O tn F e� oOo rygO CR -t "T 006 .--I~ M 00 7 en M M �Y Ln rn en N N M M S 0 0 0 SO ! O 000 O O O ". C S 7 H O O 1n O l� O O 8 00 O �?y� 1n er l/� O N O ��Q M Vj N Vi M 7t OON�\ N N M t � N ID to Ir N M 7 h �; M N N N M N 7 O� z F $ � 00 C. so Q N N M O 8 N M 7 N N N M F d c,- • d W F So °�° o0 BSoo avoi, � <R IR�c en ��Qo SNv So .� N N M .N-ILn tn N M et to ; M N N N M z d t- in Sotn H on xo1°.• = o o -! vi N nio�ooeNn N N N N n O �n 00 N M N Q C N 00 M M F � o � " 't `oo zttzSo � vi _ a T m a N O H O CD N N 00 CD en M N m fM 7 en 10 N N N M M D o x u • .v o b � -o � . -%:I Fbd boa ° L daa' ? 3 ; Zo C 0 3 0 3 L. = ad r" > o ❑ a u u ? 'C a yy D yy d a 'C C a C U u °y v � � •� y •� Ol t7 •� � •� td Y ^ � C Y C y "� d C7 � V CS 47 O y � CJ Y dda3 sdda 43 < O a v o + p � 8 + F p O M 00 ztt: Ntn 00 p O 7 c tn oo nom. xt b N b p + O • S O O O O F c v; p�p 0 0 N ti O� + F g o 0 n L jtnO 00 pp7 7 O Cn O •�-1 d W p O O N QV n tn O 61 CN 3 . Q o 3 � o`o v vpi L -It V .� � 4 O in • RESOLUTION NO. 36-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FOLLOWING VENDORS FOR REHABILITATION WORK AS NOTED The City Council of the City of Atascadero hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with the following vendors for rehabilitation of the Dial-A-Ride transit vehicles. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, as necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. Atascadero Ford Front End (4) 914',. 95 Differential (5) 2226. 22 A/C Conversion 1667'>. 40 • Door Wiring 490. 16 Wheelchair Lift 4800. 00 TOTAL $10, 098';. 73 Arnie's Transmission Transmission 1000. 00 American West Front End (1) 447 38 Engine Overhaul 4390,. 00 Differential (1) 252'. 40 TOTAL 5089 . 78 Rainbow Auto Cooling System 1020. 00 Western Bus A/C Blower Wiring 450. 00 Atas. Upholstery Upholstery 2205. 00 TOTAL $19 , 8631,. 51 • Resolution No. 36-94 page two PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 24th of May, 1994 . ATTEST: CITY OF ATASCADERO By LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO CONTENT: ARTHER R. MONTANDON City Attorney • (l0W)IO REPORT TO CITY COUNCIL Meeting Date 5/24194 CITY OF ATARCADERfl Agenda Item 85 Through: AndyJakat , City Manager From: Russ Sc©tten, Interim Finance Director. Payment of Audited Bills and Payroll for the Month of K.�,., 1994. [�ECA #�N#.3ATiQN: Approve certified City accounts payable, payroll and payroll ve dor checks for the month of 69ril , 1994. Attached, for City Council review and approval, are the following: A Payroll for Pay Period ending April 1 , 1`994 '$_ja.81,8.70 B. Payroll for Pay Period ending Acril 15 , 1994 - $ 13' 1 C. Payroll Vendor Checks for Argil 1994 ' D. Accounts Payable Checks for April 1994 - The undersigned certifies that the attached represents properly Audited demands for payment in the total amount of $ 893.034.82 have been appy ved for paynt . being in conformity with the budget of the City of Atascadero and that funds are available for these demands. Dated: - t 9 - RUSS SCOTTEN, Interim Finance Director Approved by the City Council at a meeting held LEE PRICE, City Clbrk a CITY OF ATASCADERO Payroll for April , 1994 PAYPERIOD ENDING "DATE. April 1, 1994 CHECK NUMBERS ISSUED: 15878 to 16032 TOTAL AMEJU t`I'; $128,819.70 PAYPERIOD ENDING DATE: April 15, 1994 +CHECK NUMBERS ISSUED: 16037 to 16176 TOTAL AMOUNT $135, 115.78 Approved Interim Finance Director + {1f101 CITY OF ATASCADERO Payment of audited bills for April , '1994 PAYROLL_ VENDOR PAYMENTS Check # 15523 through _15556 Total Amount : _$136,003.47 Approved: Interim Finance Director LR cii Lq u 0 u Lq Ln Ln Li Ln L� L�Lf� 0 --7, - f I Z, &I j AA a Aa 4. A t-1)IIQ to N)t.j PJ r-j Pj N)PI)t-j t j j 'j tj 99 SS !S�zm zs, :f;:: G:i "J j j .j "I N, N, .010 .0-0 G 3 AAAAa r, -t,3, -t, r, c C-0 w 110 0(; < z m D m D 0 X. -D x 7 z m D i. D a z w tz�x m m -n 7 r m 0 a C, z 7, 7� m "- rCA OS <v c-, WS 0 S 966 ED 0 n FS!Lc 99r s w 0 is. n c W :!;.sl SS 0 S 0 S 9 ED Lv r (A- --L'I - - -- --* ft 2 -M a--1 -4 --j Z :K :K--i --q --j-4 Hm w tv x m m --i T I. >I. T. m ow tZ., m m T T.I. I.D X.I. i 3r I I --i D 11 -< r-1") to 01) (;1'U) -4 1 m z rr mH m". 0� w -1 --q--q i O0• n0 no M.� - a; 0 t7• 0M --i0 0-< -< DD DD t3• 00 --1 C-1 I, C D 7j z E 0= a M 5 tv tZI C C • X. ££ c t7m --q t=1 m M C:m m m r-�, m z- m - t7m m c m 0 m m m z z D tv a m m Lo z --i --j C;o 00 -<r- 00 r Z M M tz� z z Z -r.M M M -n,7> X-< Z z M m < < Z M < <m C-,-M. D 10 m m 00 (-1 m , U) Z D. rr. DD m G ^3 C.. n z z 7 tv tz. m D tv X. z z m D 71 m 7 Dm m C- z m j X, 77 7) 1 Z 10 T 1 W 1 C4 tj ?Q uA W V t, Vj c !IJ N) W Ij T, C, . . . . . . . . . . . . . . ..N . . . C'S.LP P-1 0 a SLR 0 Ni u osss < S.S. „-•.ss-s snss- os SS CS 6G 6G !So 5S SS- S3 ��w 5S 1 G G-sl r.0's;IS3 w G ts�G 0 CD ED S(P 0 S+S G W.GO W L'D SS9 X rt z IQ un 14 'c rn IQ A G Lq 00*Ij li co m 11 10 W A S 10 L-1 LP-.1 LID S. a r m M Lr "10 cc : D H -t' CO F3 '0 SP 9V MP q9 U OD W`0 WW W 0 CD Lq SP WP q9 Ln 10m 4,- 1 ,._.9 •.IJ 0 S. 0 ;S CD V9 o LI u-, J LR CO A G St-J s S, V6 o tD Cq 1 :S; tj Nj 0 n-t$ 0 0' A.9 Lr,ED Sq G 01 CP ti, G!9`t) S;S; W S V'G 9S CC! Da DD CLO Ir,-n -I tv C!-"-1 ^L? M,M: M.Z. -11 M� M. m m m m 6 t:� --i a -71 7 z m F rfi m m m m Htv -i.m -b a <-: ?,0 1-3 tv -1 71 M _9 D> 0\ t70 0X Iv-I I -I-.q 7 DD o", t::! 0 1 fD C-- e.r) -.q r- 1, C --4 C En a m r-) HE1nzc m---I T — rri\ C-) "C-) --)Z c --4 ;n Z C 1 GJ 0 z0 nm 0 z r-j t=1 0 0 T. zoom S CO HZ -j Dna a t=1 r-j H z-1 HA o D 0 a a tv j H z-1 0- 11, z M t::l C0 '? m -:h, zE7H o\ z� �-<o ID -n ::. z n H z0 " :! ru, M";2` a ,n 1\ n 7 o a z 1. 5 m H- 2\ \^ \ O' oc zm. s -Gr 10 cczz M -< wommnom oc zz --4 f- 5 7,z c-, a" " t�n t=f --i,— D ;6 z m :r --q Tj --q --A 7 m rz�0 CC 0C Sm -i� -1-1 7 m c,0 a C:z m -9 M M,-4 T m a 0—1.x-I z c --i IM m cr, w n T X" z H C -i M* M M a, a X. x W. c m z a"I X"' c CD D m z::5 7D T MI t1 0 1, m t=! 7-- m M Z Q0 I D Z z D Z 11 71 m m '000011 • CITY OF ATASCADERO Payment of audited bills for April , 1994 ACCOt INTS PAYABLE Check # 45602 through _46083 Total Amount : $493,096 .87 Approved: Interim Finance Director c-, c- L7 o u Cq L� L'I c-.. Lq Tl cn! u7. cr m -r,— Lq L, u Lq a D co co cc�c 0.:�G Cc C� 0� Co X a a 3, -0 m j� !L. 03 3- CC C� c"i �4 G4 1-14-W r_li C4, r.-, o ;9 Cl- C, Cr 4� IJ is- �j C� Li 4 'o Q "j Cli '^ '.S'S G 7D'D f,'5D --m "0 ts! D 0 n �11 n E:;�s ' - - -- -_a :-- -- -- - :- F-'. N. - - -- - - --- - - -i--:i C9 ul LU Ll L�0 Ln Z-11 cn,1-9 q 11 1-1 r p 11 fA L��, Ull L, L7 Cq P..LP LP,Lrl 1. Lq L'I I-F,LI, -n -3 'c'D `0 ILI 14-1 10 'r--0 Ic Iz �D", C- C C ID z C c c- �D'o -C -N 41 41 2, �t,-t� .4 -t� .01-tl t:l 2�. t:. 31 Z. 11 4, < < c x 7� M. m ZD :IJ s: -,D s r, t� "j m V.- 01 '-!f u t.j Q.- C, --q m m z m M* >D m :3 77 cp z -Z 7�z M m tv z D 0 g)m U-,m M 00 co 0 7.* 7y5 --q M. z m 75 x z nD -� M-- OD ,:3m = w. T tz! D m;7 x 1> 6072 m m r-z tv n D x x 7 1- m w M. D 0 -r D 0 T.Z z c rD r- M, I < m D 71 Z ' �:'M 7j M Z -I. m M M 7-, MM. >Z cr Z z M. T m D rl D D c T,� 0 7j Mi :I> 7. -1-< 77 71- m m D m x r m 0 z .T-..!Z-! 0 :1 0 T m m M - c IT 71 m < D M r < z r- M Z M M Z M 1. CP W -Z 1 0 m MD T-, - 0 m a 1M z M X DJ a a M :{ r'l C! -n C', z C" :>C- u- --i M. D Z z M E: Z M, --i f- 0 -<72 M Z --i :>C� 73 C: M., z 7,z CD 2: z 7-'Z -L. D D X, D D D i> D D D D D D D D D D D > D > D M. D D I>D D D D 7> D > il 7> -_,q 4, A IQ CA - 'j A JlV -1 1.7 s 2, Ln --s cli -rj z. V �,4 cc s x rm s S. 5, waafv . . r, p.s : S z rT rt S L7 t,- L-1 L9 u Ta ^S u w SS n S9 :1S S n 0 S) S.s u -s? 51 s S ss S L, S.. s S u C� S- u,S cr 's S S--. ss S- CD s .`SS. SS S,-, S*1 !q SS 0 n S :S�:S'. -s:is SS On SS ss SSSS G's is- 0 m 0 S6 w 0(S� 0 zs�0 SS ES1 is 0 0 0 0 G m 0 0 G SSSS SSSS G 0 Z Ull D- 0) W WW r-j N) w- , '0 ,0! U, r.j aV li r-j Lq C4 r-j I L4 tJ V Lr,A NS CO 13, NJ i:D ",j G 1S Ln W D, AY U. FJS Ln U Y r..; (A LrI t. Z. Ln P t. -r. O.U .ts CA M f-j I D Lrl V SW C-1'Q si Lr co C-3 G SS'V. S 0 o 01 4�,*J WLR{ aA SJ. N) SS 'j L, 0 cp CD C,CD SS10,S G ID -r,"i G 'o iS f-J C,S L4 L-1 S:dD S6{ SLq Cq CO M t- Co CP (A S@ iS CD G)fM WS 0 r.CD 0 0 0 Lq- (!D 0 0 r.1 Ili ED r.j cp s G m r-,s ED s CD 0 0 Lq CD 0 G S Lq CA is?"` LP,CD tj Lq CD m ED m(!D EV aS I z D T, D I. D D D D D D :>D M, D M.D 11 D I.D I.D 11 11 D.D >D D D P> D X, D D D D D D D X. ->-q M- < C< mmooc ; -- -4 --i-A y --q I i-a -1 ...t -�--4 --j --( --j --f -j --A --i-i --i'"I --i- -,-i --i--q --i C)0 0 0 aaaa3aamaa :r a aaaxma a a a a 5 a 5 a a a a a 5 a a a a a a 7 z i! M.D D D> D D D D DD. D 2> :> M, 1.:> X,1> D DD D D I.D D D D D 3>D D 0 m n nnnnnnnnnnnnnnnnnnn ; n n n n n M n n 0 M n C,: �p 7. 7- q-i n q, MMMMMM- - MMMMMMMMMMMMM.M. M : 4 i. 7'-! ;!2 ;n j- - 77 L",7' X t- 7;, DD DD DD DD M m m m M m M F71 M r7i m m m m m m m m m m M M m M m M m M M m M m < t3 . C ,j t:" t-- r-,C7 t::, Z> 'M m m T7 M M M -M M -,7, m Im n n 77 77 77 77 7 77- 7.7 71- 77 77 77 7-7. 77 7 7 77 77 7-7 77 7-7 7-7 77 7--q << M 00001 DDA D DA AR AD DD -tl 't, AD �. LIu Lq LI u, .1 CIq 0 �2-L� �T, :�7, u 0 '1,o U, L--. G'u. L.-.'-P., �c CO ca CO !m r" m O: m ):.co X X, co M,m -3�M 30 M M 0O m a) m Cn. OD ;—r, oc r, u,0- L* L-, E,L-, '-pi Lq cr.Cl fr L. .1, BOO V a- w,.. !-S .0 m, VD, 1, 'q t, ;!D c- I� Lq w r) �D 0 C-3 j o- U -t� �A".0 n M ID "D SG OW So S s So rO 5 0 S jLl' 00—_M , S 4.41 -Z, h. D R D D D'D, D 2, D D A D A D A-P, A 3, D D A D 4'..3. JI,D 4.A A D D D A D A A D -41 U IU Lr, L17 LI LP,Cl P,L9 L.,v Lrl C.11 LP,L. 1-1 L., 'o LP 01 -r.L-1 L",f I u 0, LP,Lq cy.r r. '-P,L9 LP,Ln u Lq,L7,'_F,Ll -C '0 cl� v.c c O '0 c 4:., .0 C -.0 0 •c'0 �O .Do � 0 0,0 c 0 Z,D 4.A A A A D D 1, D J. t. t:, 4, < <7 7 7i,iM M mi M r-,M im M m Ml tvv Z, tv C �C t-, tz: m i < — TD D Z yCYT:DD— ;k'X OO 0— :7?2� N< I-)a Sr' tj n D!I :D 00 M M M D.1� D D -D o o E: 7 w 7. z :K n m< 7 G 76-0 isi s z:, 8 '—'Z 0-S, tv S.SS G SS SS rl rDSSS SSCP SS SSSSSSS s n s CA— L9 w o P.j w 21 t-j "i Ol 4- I-j 0 ITI D m;r o 0 m< b-, a:- 5 c 0 z tV z m a m x -Z x:2�. n m --q>. -3 m uq 77 m D. X> 71M, 77 a a.7-11 X. :K P, D D M cr, --q-< cr < m m D m Z!v ce,im I a m 1-1--q r t� m 0 M, Y) N 7. o'Z z M. 1-1-M ;:Q, D -n r M. o C: D n 71 D m M'm m z -[O 0v7^ z !-I ZD 0 Z: (r 7 -V i--i tv z c m m M < :> T,7 -n im m x. 0v :]K m D z z C, 7.-..-7' Ml Z M Z ;c tv --q Z Z Lic- z M < CID ;c- D Z Z I Z Z D to M z u- m M. CIO Z z z D m On z fn z < D D D :>i. D D D D :> - D D D- D D D D D 1- D D D D I,D D :> :> > D xLn Q LT! S: S s S D D.-S s s S S-S a,S* S S S. S G S SIC 'D G SS S C,S S:s is- ZD is S :!z s. 1 0 G !sl G 0 0 tp 0 m 0 'S�c� !S)-S m 0 SSSS 000590 0 ZSj SSSS G 0 S:C S $ ;! S; Z w— N) C4 ri 0 �j w C4 t. (SI U LI 0 C�l V AO Ili t. li ri LI SA a, LIS w Li co S A0. co C, _—W --.Ol Ili" 14 0 !S i SW V m DALQ U! s I D til u m -a,G WA S -3 A ,pA D, C- S Ln Sf` V^-'- wr.J s9 D.:.';i n -'S9 SV SarJW iS! Sm SSO.S 'r" SS SS SStJStJ" SO• -CA SSSS Ili'D w C SS SS SS u is! u (SI,w 1)11 SCI SS 0A c., G :9 s V56EUSS 0m s: 0 W,4) :> D D D D D D D D D D D D D D D D I-D D D >D D il D 11 D D D D DD DD DD MID DD :>:> D D D -H :K a a a a:K a:r a a :1:z :1:r :K:r :1:K a a :K :K a:1 a:x 3:K a a :x:r :K:K a a :r a a a a D D D D D D D :>D D D D D D D D D D D D D D D D D DD DD x. > DD DDDD DDDDDD D-D, D D D nl on m onn monn (-;nnn Mo -,,)m no I- monnonn 17% 0 qi 0 0- :71):� 0 iz, C-1 C, -.1 4 0 (l 0 M M m 71 M. m— mm rl r-I m 7 M, m M M m M M M M M 77;r ;31;:n ;:j-,n 72 ;!: -�.l ;31 ,q 7-- -7,- X- - - xi DD DD DD DD DD DD DD DD DD 1> DD DD D D D D DD D D Ti -^'t m m M M MM M M r! M T-, 7 m M tZl ?Z:� v vv vv 4:�v vv C C tz!t:l vv 6 cs k:l t, dv v v t:' v o n^ on nn nn on n n M n;_ o M M n o -n I-) n r, n T- m M M m m MM m r. m M, m M m,T-1 m m m M n I-)M ol ol-) I-) o n n Ir") n I 77- 7-7 7-7 7-7 7 7 1-7- 7 7-7- 77- 7 7 1-7- 7-7 7-7. 7-7- 77 A 7 77- 7 7 7 7 7. 77.7 7 S -L: o C, o 0 0 zs� n n C-n 6S 6u C�n o c o o 7s�o - cs� CD a� cc tj ri j t-�t�j t �j o 0 -,z 0 S ZD -6 c-C 0 --c Z, 11 Z, L-.. q Lm.. -�j Lq L'I Lq Lr. L,".7 L-'� �r. L'U U L L-' V U,Cr 2. L� -0 c C 0 c o� �c 0 'r•-0 0 rA ?Q - n 10 w w M �!D, .^- ..<..,' (S: }S 00 00 SS 66 -_s SS S5 SSn n n - -r* - - - ---- - -- -Y -- -- --- -- - - o, Cl Cl Lp. u. L,! L-1 1-9 r P, L"L-. r�, 'Ll"ClL" IU P.- L" Cl Cl Lr Cl ul Cl U. 'j-, Cl - Lq Cl 0 C., 57� q DDA t. .�b -bl a AA A A A DDD£ %' =Z Z< a z Th a a a a a a a a a a a 2 a a a a a r_ 7 7 7 7 :777. < n1, DD DD 5 m a r-72 5 T J1 x -i m Lei ^n H r: !::j x ;r;:7 z r tD D E 7- C :5 SSS SS 0 �s 0 G 6 SS 0 Cx"'..5•60 tsl n SSSS w 0 9S G s 0 ss s,S .',.�SS SSS 77 0 0 m m D '5 E L` rw m z M DZ x < M M Mor M m x M m r 0 OTD C.- Z n C tl :K 71 ;T. U) c M� M D - Ri 7-1 X -x mr- z 0 0 07 D X a D -?a a 7 L m 0 m D n�L r�17 n n^:D r, m z:K M,- �v :D.x M� _;�a M.rx 'i a X X. D tv m WC7 r - I:;, - M, CD 0 t" r- m a. :K ;n m E: -, D D til 0 7 7> 77 71 z c --i x a !Z�71 --4 Z 0-1 C. E: m m n ui CZ Ml z Zrn Cr H ^ --i < m m z y 7;. m z -i m _Y:r m r- z CIT Z: L. Z m 0 D R D- m. z 1, z a uj m-M Z E: M! --q a> D m C: W :c 0 o cr. 1-1 m z DSD m 7 z fnZ. 0 --q M z :> D D-D D D D D :> D D D D D D D D D D D D D D D D D D D D D D D D :> 01 '0 !Qcq C 10 x >., cl�W a,U. rt S6 �O S so w'c 'r CA 's a- S o s -r-, Wo u Ij -0 s S �o Cl So S6 s6 un VS DS 6, s is 0 0 s-0 S.M o S S G! S S o 0 So S G G S 0 S S@ s G S.-S o G: 0.S S 0 0 S 0.S o S S S .^-S r,o S S -S S :7 W D r-j CD t.J -,0 - L7. Z9 0 M 10 W WC. 0 ril W VA W VgDagq W 0 U o D o OW U IQ Ij C- Ij 10 S G a M !-J s M U in 0 0, s M o U G W-CO 0 CIS o r.,-N -,j M r CO DS SS JA C 20 So�'- 0 14-' '0 *,j'0 WI ': D W, !'D SS gS :'JS SS SS 10 o W01 0WS SS SS SS r.j +C000- "j SS S"S9A WS r-j SCI r-j o`v SS 0 0 rj u SS SS SS u C. VS AS a,C, C,S G Z!p n n a:is: D D M.D D D D D D D D D R D D D DDDDDD D D D D D ml:> D D D D D D D D :>DDD 7> cz c C'-CCC CCCc - CC C:c CC c c c: CC 1>D D D D D D D D D D D D D D D D D D D D D D D D D D D D:> D D D D D D D D D D -4 M non no mnno- non n n *,-)mnm - mnonnnnn on on Mono no non Cl -C-1 Z, ;7-.Q'I q,. zzzzzz - zzzL�! zzzzzzzzZzzzzzz= ,ZzZz Z z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z X 7.x 7� 77 17 X, ;77li 7 x --7.1 - 677-. Dm. DD Di. Dj> :T>D DD :>D D2> DD DD DD DI. D 1,1. D D D D i;D DD k7 t:7 t-, C Z::J t:7! C zz, O C C tv, -7 t:J tv C C CC� ZZI tv t:;l C t:71 C tzj C Cil C t=1 CC CC t.;%tz$ CC SC Z:l tZI m C) I-)e C-1 o C-1 n n o M n n -,,n -)M I-) n n n n n 0 n C) o n M, T m m m T m m -x M m M Si ST =a: 7 m 4 7-1 m m m m m m m m m m n mm C, nn C-1 nm m C-)o nn nn nn nn nn nn o -) o C-) nn m C-)n n n mm nn 77 7 77 7 77-7- 7-7- 7. 7- 77. 77 77 7-,7 T.-.. 7i, i.7 i,7 i..7 7i. z.-.. 7i. ^7: rN r) .qa s " SS f!D 0 Z- +-, s 0 0 _n0 C,S 0 0 ,- S SS n 0 cs- n 0 o I'D SS'` SC's 0 0 yS 0 o csi n n 0 n A AAA AA AA AA i t- X� 4., 't� -t� ::, .:�, 2� t, -t�- jt.-t, -t,. -t- t�, 1, III L" �Al L", u LP u 0 ul 0 0 Li C9 u I-fi 2, ul L, , . , , , Cr -. -11 0 U,Lr, U U LP,U U-'_9 0 I-P,CA U, L7. 0 12 Lq CP Rte: 1 c! L�Ll 'r L, -0'0 '0'0 -0'40 '13 4CI "0'1 `c c'a '0 c `0 10 4) "j V V a,t, a, , - -n, 0 ,`CR 0 '-.7 Ll U. -"'r.Q LI f v 1, -j" Z, u A w 1.-, 0'm V u u A w"J t1 o C M ,,j 0, C, t, w til - n "i.0- w S v0 m "j 0, LR 't, U.:'J 0 -3 S S SSSS --G S n 0 S S -no o n n n-- c '51 0 n CS: rs!S c 0 00 no _S:S : 0 n n 7s:0 S::S: -AAAA+', '-1A DA AA :.? -t, A A - a t, -gl-tl -1 41 11 -:1 - -- - - -- -- - - - --- - - ;-+ --- - - -- U 0 CA L�, L9 U U LQ LP 0 CU Lr, f,,LPI Ifl LR �7 Cl U--L! LQ'-'I LP 0 Ul '-P,Lr: 'P,U L9'J"L' -0 '-P. L'i Ll Ll- Ll '-q. I C '0 c'0 0,0 W'0 0'a -3-,0 3'0 -3-,0 '0" .,c a 0-,c 'r, _,-0 0-4D '0 0 0 0 'a C -40 0,0 0 c 0 c <C:: <c -n Ss "-DUO o z z z c m^DCC --1 0 jr- m 0 m m.m m V) w 0 x < < C, 1,2> Do 00 OC ':1'71 MM X.11 D C 0 M On;k, z x m TC 0 m 0 Q z z z z z M 0 t7! W".- -U 1�1 0 n -z!;o z: 0 o xs� is� "-6 n a,s J�- w .J SSS o w zs,0 s s sG. 0nt$ 0Ej r-j t,� tj- �a m w a- L7,W 0µL-C tj -C MI U) 0- 11 cr. U) rp m �U, 111)t J) 7-3 z n TyT 7 x -c-* -17 z z E 0 Im I. c c TO 5 X m m D I. 1� 1,D D S 50 �-o �D m m m D z ;1:., 72 a t:j 0 -Z Z z ZZ Fn-- r-;r.. q"11CO Zn'; m m 60 7:; r 0 c m m z m < --i 0 0n 1-1) 0 r, MIT x 0 D- t*i x 7 D H H00 Ht L^m H D 0 m?Z-, m Z U) m 7-q 00 n;n a --q M rl Z m MI 0-�r tr Dv m 17i x 0 Z� zcz = n a 1. 0 c z D m D �.* M�M D m X m D --q z m M u-,:> :5 m <w m 0 w m 1.w -9 0 D n z Z D nM 3� C.CD _D 0 �Z.T. ZD en w�n C: 7 n --i M r- M NO 2> n Z j=-,-) 0 IP --i U;0 L_ T -0 LP Z --j t=�g 0 m ;n LO --I t'. 0 Z� o M� mDcrx MM 0 Xmtv�,= mox, a m 0 z c X o 0cn c- c x w Z Z:.. M.X v; c m m I X, z n co no 0- M 'r,0 ,— —., a —mo 00 z ;n C: z z U) co 7 C 7... C'� r-0 10 z r-T --q n <z M --q I> :r n CD Z a, c :r m MI :K "" . m r- U) --q 0 0 z < < Z z 'n rt i:l D I>7" 7> D :> :D,:D D D D D D R :>D :> r-j L� IQ L� a- -t� S f, s ;s: ET s s x IQ x ss :S! 5V tJ c Vr 3, n0 o S 0 o SU is.In n .�j n 0 n Ln 0 so S G c S So s S n S -S�n --is! S. s S n n S S.S S 0 S S S ;!D's S.S. o 0 a.n is-,S ;S!-S S.S 0 0. o S n G 0 Is;G CD G. n 0 n G SS 0 G S n n zs;n on SS . o no on 09 on Ono n Z.-,OO SSSS sio i t I-TI CO Of t-j AU as C, 0.A w w m n A n 0 r-j n Lrl M -.JS u M lj tj tJ tj ..: n-4 w Ca o n M 0, o S wV wtj m 0, n 0 s J S Ij n n n S9 • Sm n 03 im n 0 V a) n SS t-i co 0.C. W'J -:!D SLR SC" 0:'•J w Lr; 0 0 SS SS 5,.:.0.o 0 n 0o Lr, vp 00 r,n I.D D D D MI D X. 2.:> D D D D D D D 1- D D D D D M' 1-1- 11 D D D MI D MI D 11 D D:> 10 Z' Z> i n cz cz- C:a C:C: c z CC c c cz c CCCC CC 1= CC CC C- C CC C: -- - C C a3 a3: ZZ as a a 3 a a a 33 as :K a 3:K a a ax a:r a a :1 a :K:x a -a a a a a D D D D MI T. M.D D D D D D M. >:> D D D D :> D D >D D D D D X. D D DD 1.-D D D D n n m n m n 0 n m (00 0 n 0 nnnn -nnn m M n n n n.M n n n,-) n C) n,n n M nn nn nn n C-) C-171 ;;-1- q, cl a, 0 0 n 'n m M m m m -i1 M.M. MI M. --I m M. m m m m m m m m MI m M m M r7, Zm Z Z Z Z Z Z Z M Z Z Z Z Z 2: Z -Z�E Z Z 2: Z Z Z Z Z Z .: .Z Z Z � z mm 77 ;:D;n 7j 7C* X 71 7- Xl 772 X 71 7--- 77 7 71 �U;:� 7.T� T - 7 .- �1� -7. D D 1> >D I> D D 11 D D D D D D D Z>D il D D M> :c>D :>D D D D 1> 1>1. 1.3> D Z> :E>D 1.1. D D D D :>M. M M I M m M. m m m Fi m r-li-1 TTI r7i M =r r M M M r7 M M rr,M M. -1 M, M, M m f7. t:l Z::' rz;t:,' !--I C Z7%Z::f m n nn m, n L-) nn n ,n nn n"., n ^nnn C-3 n^ n n I 1:Mm- m MM mm Inri M.m m m m M, mm M, m M, M,m M. M,m m m m Ml M.m m m Im m m m m m M M M n:,777771-1 M n C-) I-)C, 0C—) n•. nn I-)C� -1-3 1-1 n nn C- M inn C-)n n:C-) n r-) n M n I-)C, -M i 77 77. 77 �,7 77 77 i7-7. 7..77.777. 7'7777--777. 7.7. 7 7- .-..77-7: 77 .1- 7. 7 ! PCZ si n W- c-S0 0 s:0 5� -s n :s:; -.s:;0 S0 -,z s O's: S0 67D Sl t, 42. t- 41 -t, -tl AA cr, Ol D - 0, Cl0 Cl i' C.F1" " _-0" 0� SS G2-ID -5:L-� IS: CD n �D ZD 0 z,LZ ZD �S, ZID CD ts,ED S�ZD 06 :5.5 SSSS --Z9 `9 w 1W W rIj li Ili I!,)ri ?-,,-1 Ij 1-1 - i- -- - - .-- 0 Gi 0 0 LG) 0 -01 '-D n ri j , cQ I q,_n, CA r.j ZS' e lm 0 !-Sl 0 S 0 nS C9 Sn Z":si E,;: si S 5 0 n S S T S is 5 0 -sl n S -3..:G S S S@ SSS!S: ZE;: 21 a, AP" -tl _b, I, AA AA AA -g, 17 r-j P-1 ri P-0 t,P.-I r. t tj r-j I-) ri .1-i Ni r..) r r'l r-j i',: t-j t r., �-j r-1) r-j t."r') PJ f." r..) a '0 '0 c '0 Z '0 D 5D -0 ILI `0 D 'c, '0 '0 '0 'D '0 0 '0 A A 2, A-t, A A « << << o tj C0 c c -1 UO 0.- < z <D :si m 0 Z&. is; 0 t:1 t=1 C;.S! LZ 0 �Zi ZD Lri CA L.; i-t m< x z a--1 1- 1:n X. z M. <3> r- Onmmcm z r- ;n r-1. C Z 0 tV M fli m !.a - U13 :K m 1. a 0Z M- C 00 n D T,-= D DT_ no z 0 z 77 t=i --q tzi t=l H m z 1-10 z m 0 H C3 Tj i m T v T m m o -M z Z z m z 0 c M U) Z X! C0 -ri m x z 0 :1.D o 0 m D D :K --q M 7 m C 7.. m m m m m .07 7:1 x n M� -D Z D U.'' r- -n < �7- > 71 0� C1 - T E: ZZ D Tin m 0m CID M z M, qj CD DD I' D :> :> D cc!u "D P u-,-i,- - S V V V s s S a- s • • S'. '-s: S VS S -lZr '7,Cn S SA -C SSS S-C > A SS 0 a, S SC. S, - S i, C.4 SS fA SS SS S 2, SS SS SS SS rS zs�G tsi SSSSS SSSS SS OS is! SS SSs:S) SS r,is: is;S SS ss SSSS SS SSSSSSSID Os 0 G 0 cl. OGMW SS 00 SS S'.^+00 ft Pj W A V C4 tJ rJ 0 W G W CDA A j S. OS -t-0 1- 01,1G M M WP,i MS V AV ACl 0 l Ll W CD CA C"9j CO P L'. u n u CD Lr. �9 M is:M G-,j v"JO (14 m 1- 0 m on AS a U Sm SW SS SS SA �4 f-S: Ili 0 Cp,iS 10 IS! 21 Din 01-P 00 is!Cl M 0 Cl -0 M0 U SS @W Iss SS SD, S5 z 60000000000000000000000000000000000000-.1 --, .00'000 -o ; n aaa a ZK :K:K a:1 a, t:i D :r:K a a a:x D D ]> D D D D D D D D X. D I- D D H wt D D 7,D 3>D D D -A M, < m q, F-I 7. FFi m m m m -Mmmmmmmmn 77 m Z Z Z= Z Z -z Z -z Z Z Z Z T Z -ZZZZZZZ-- a Z Z 2:- -Z Z i m M 1-1.m M,m m m m M ml Fli m i-ll F71 7-1 1.-, M, m m > D1i D D D jD DD DD DD D > jD 7. t:;5 t:l fz� tz� t=l tz� t:�t::1 tZI !�?-j zi ;n n =n n M -M n n C-) n C-) o C-� - = -n C-I: -x - Cl mn7: Tx = M:r> z M ITI 7 i1 m M 7 M r.1 M mi -I TTI Mi m"I 7 n r,1-1 -Z " m m m i nn H n n c) r-)r" n nn --)--) n7)nn n n n n n 7- -'-i m n 7 77 777- 7-7 7 7- 7- 7 7. 7 7- 7- 7- 7-7. "-7 H,7 7 7 7 7-7. 7.-7 7 7- 7.m - -7- 7 7- -s ^ n rS- C,C-� cs� Z�;i 0 0 0 0 r3 n 0 is, ID 6 o D :S: 0 0 0 f, _n, D a, L" C.T� �A 2, zs) 'r,cc- all —,F, I w V a, S! M V a, I- Ll D (,q Sl 0 i 0 y 0 S ^}'S' -ZD!!D ls� Z!,- 7s: r t, 3, 4, NJ PJ t-j t.-Ir-j N) J. r,j t..-) PJ PJ r.-I ..J r..) J ri �-J �-j r-j -j tl ;o-3 c "0 0 .c o c L, c C) -0 'o ;'o 0 c '0 '0 10 "0 'o rt:D 4b,a a a -t, -t, -t, D a D A a A a a D a -.b. a D D rya-t" t:. ti. a A a a ; rD `C Z: rt ;7 2777 7—g r! < <C -3 < 0:1 :rl 0 D TjC) Do o 0 TN 0 0 1. 0 C D, 1>X! r-j ,j UCA JW J u.tj S C- q IJr W rt :K 2� m m m mm m Z: 7�1 III m M. Z CC r 0- 07 M.m m 0 s:1, z<H z 7-� :5 m n z LO, x , I- 7.1 z --4a_ qm --4 0 M C6. N' 7 Z D M z LM m trip 7,1-) z Z Z -!n C7. C7 x 1-1) --1 f M 0 z Z> < Z T. v v v vIM :> DD D T, 71 D, 7> ::l 1. :> I. 11 w c a, s Lq u s U. SS SS S ;S) is S SS n S SS ZD S'" S" -:S3 S is S SSSS S.G -S-S -S 13 SG SCD SSu,G 00 Siis: SG S:0: F:D is G ZD 0 0-D SS w Sal G.S.:0 00 SS G 0 S '0 1 CO Lr S ' µ µ CO m03 co z, r.j CA CD 03 w LP,CA (14 LP. -t:. j Ll a,W U II 0, 1 0, 1 Lr9t LP, L', W tQ U. "O -J -0 i C- ul V rt L r1lo W i • S OS G a n !D,,W Ll S M IJ S W — 0 S r. S 0, Cp 0 a Ll, U 1-1 S C; S-- G S -,j V Sit., 11 I 'o s,G R: .7D-,o G w PJU z, 0 w L.. SS G 0 0 El n m u 5, -,z is,w 9S 45 zs. D D D D D X, I>D -->D D D D D D D D I> D D D D Z>D D D D D il D Z>M, D,D D:I- D:> M.11 D D D D D C-7 c CC CC CC c Z C--C: Z C:C C: C-- c CCC c C C C:-C- z C 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 CD 0 C:)0 C 0 L 0 0 C:l C),o CD 0 CD 0, 0 0 a:K a s a a -a:K a a a a a a a a :K 3:K a a :K a a:K a:K a:K a a a a a D:> D D D D X,D D D D D D D D D D D D D 1>D D D D D D D D D D--6, D D D c C,n c M C, r n m n n; r ;T.01 n qI C71 (71 �-, -,0 �� m Z- m mm M� I m Fri m m m m 'm z -Z,'z z Z, ':i z-z zz x z zz -Z z zz zz z z z z z z m z Z z M M f, imi m m m m m M. rt M FT! FYI —7- ;0 L;4 7. -7 ;27, ;> D :>1> D D Z>D D D D D D D D D D D D D D D D D D:E> 1>D D D D 1. 1,1. D Z=l tj C tj 6 `v Z-J t::!C tj C tv C --I C tZI RZI, C t-- O",',,Z�5 r--C ZZI t:l C C Z::!t. Z=! M C-) IMn nnn nnn c-,C-) n - nnnnnnlnn n c-,n C-, M m mm cm c n m m M m m mi m pq mi mi 7-7 77 7-7 7-7- 7-7 77 7.7 7 7 7 IT 7 7-.7 7 7 7-7- 77 77 7.7 7,7. 7-.7. 7-7 77 7- 7- 77 7-7- 7. D I-N { RN ' T' T CXTY COON XL Meeting Date. 5/ f + CITY OP AT SCADEROl� Agenda It s B- Tate: May 12, 31994 Through: Andy Takata, City Manager From: Russ Scotten, Interim Finance. Dir. or 'Ta Resolution No. 35-94 providing for the issuance of- 1994-95 f1994^-95 Tax and Revenue Anticipation Notes. z That Council adopt Resolution No. '35 94 The Finance Committee met May 4th, and after "scut voted to recommend to the Council that the City proceed with issuance of 1994-95 Ti's. While recently adopted Federal rued limit the size of the TRAY issue to approximately 1,3�p0,t�+�t�, staff expects the City to earn a. net (interest) pr fit of- $212,320. f $22,32"0. with a 3% interest spread and $15,,8,20 -with a 21 j/2% interest spread. Staff calculations are shown on the attached memorandum to the Finance Committee. ttee rump Estimated 1994-95 General Fund income of $15,1120., to u $22,320. ATTR 1994-95 TRAN memo to Finance Committee Resolution No. 35-94, a;res3594 42 3 ME M '0RANDUM ►ate« May 4, 1994 Tca, Finance Committee From: Rues Scatten, Interim Finance Director Re. 195 Stern below are estimates of 1994-95 net TRAW interest,::" ear ing. as ed on a 1 r 300,000 issue., and cost asw tions 1993-94 4OLtat The, gtogz TRAN interest earning *spread" between incere earned at, Orange County versus interest paid on the iex 4,.54__' VR ` *5'% 3% x $ £'1,300,09' $39)O00 3.5% spread $32,5M Under r. Cera Discount lot 000 ea . . nd Pr « . 0 5; 8O gal Fee 6t oo'o Rand 'Rating Fee3,500 Printing -* other Costs Nott ted- T" : st { _ 0 Intereat Es? The , 14 'TRU True Interest Cost was 3.73% Orange County Interest .rates n d were z July . 93 7A3% ' emarchl:,'94 7.54% 3 Project inte;reat spread for 94- 5. T . 4.} Projected interest earn far . ar, 5) Net interest earned with a 3.5 intere t spread. a.TRAN RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, PROVIDING FOR THE ISSUANCE AND ''>.SALE OF ITS 1994-95 TAX AND REVENUE ANTICIPATION NOTES IN AN AMOUNT NOT TO EXCEED $5, 000, 000, APPROVING 'AN OFFICIAL STATEMENT AND A CONTRACT OF PURCHASE, PLEDGING REVENUES AND ENTERING INTO CERTAIN TAX COVENANTS IN CONNECTION WITH SUCH NOTES WHEREAS, in order for the City of Atascadero, California (the "City") to meet obligations to be lawfully incurred within the fiscal year 1994-95 prior to the receipt of income for that same fiscal year, it is necessary to temporarily borrow funds in an amount not to exceed Five Million Dollars ($5, 000, 000) ; WHEREAS, the City may borrow for such ';purposes, such indebtedness to be represented by tax and revenue anticipation notes issued pursuant to Article 7 . 6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") ; WHEREAS, pursuant to the Act, the governing board of a city may issue such notes in the name and on behalf of such city; WHEREAS, the City Council of the City (the "City Council") has determined that, in order to sell ' the Notes at the most advantageous rates, it is necessary to `%pledge funds of the City to secure payment of the Notes and to make certain findings, designations and covenants; WHEREAS, it is necessary to provide for the payment of the Notes and the interest thereon; and WHEREAS, a form of Official Statement has been presented to this City Council relating to the issuance and sale of the Notes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, California as follows: Section 1. This City Council finds that it is necessary to issue negotiable notes (the "Notes") in an amount not to exceed Five Million Dollars ($5, 000, 000) ' for the purposes set forth in Section 53852 of the Act. ' Section 2 . The City Council hereby finds and determines that the aggregate principal amount of the Notes, together with interest thereon at any rate not to exceed twelve percent (12%) per annum, does not exceed '' eighty-five percent (85%) of the estimated amount of the now uncollected LA 99980 00100 LA26863.2 04/29/94 4:55pm 1 taxes, income, revenue, cash receipts and other moneys to be received by the City during Fiscal Year 1994-95 which will be available for the payment of said Notes and the interest thereon. Section 3 . Negotiable Notes in the name of the City in the aggregate principal amount not to exceed Five Million Dollars ($5, 000, 000) shall be issued for any purposes for which the City is authorized to expend moneys, under and subject to the terms of this Resolution and in accordance with the provisions of the Act. Such borrowed funds shall be deposited with the Treasurer of the City of Atascadero (the "Treasurer") to the credit of the City, and used by the City for such current general fund expenditures as are deemed appropriate by the City Council and for which the City is authorized to expend funds, in accordance with Sections 53850 through 53858 of the Act, and for such uses as are permissible under applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code") and regulations pertaining thereto (the "Treasury Regulations") . Section 4. The Notes shall be dated as of the date of delivery thereof, shall be in the denominations of Five Thousand Dollars ($5, 000) or any integral multiple thereof, as specified by the successful bidder or bidders for such Notes and as hereafter provided; shall be issued in book-entry-only form; shall be issued in the denominations of $5, 000 or integral multiples thereof as permitted by Section 53854 of the Code; shall be issued in the name of Cede & Co. , as nominee of The Depository Trust Company, New York, New York ("DTC") , as registered owner of the Notes, and immobilized in the custody of DTC; and shall be numbered from 1 consecutively upward in the order of their issuance. The Notes shall be designated "City of Atascadero 1994-95 Tax and Revenue Anticipation Notes. " Section 5. The Notes shall all mature on July 5, 1995. The Notes shall bear interest at such rate or rates, not exceeding twelve percent (12%) per annum, as may be fixed by this City Council at the sale thereof. Such interest shall be payable at the maturity date of the Notes and shall be computed on a 30-day month, 360-day basis. Section 6 . In order to provide for the timely payment of principal of and interest on the Notes, the City hereby appoints Bank of America National Trust and Savings Association, Los Angeles, California, as Paying Agent (the "Paying Agent") . Section 7 . The Notes will be issued on book-entry-only form by appointing DTC, 55 Water Street, 19th Floor, New York, New York 10041, to act as securities depository for the Notes. On the day of the closing, the Notes in the form of a single typewritten note, substantially LA 99980 00100 LA26863.2 04/29/94 4:55pm 2 in the form set forth in Section 12 below, will be delivered to the original purchaser of the Notes (the "Original Purchaser") for delivery to DTC. Upon closing, ';the City shall notify DTC, at which time DTC (in accordance with the Letter of Representations defined below) will credit the account of the Original Purchaser and process the book-entry deliveries to the accounts of the subsequent purchasers of ::beneficial interests in the Notes. The Notes will be lodged with DTC until maturity of the Notes. Section 8. On or before the date the principal of and interest on the Notes is to be paid, the Paying Agent shall transfer immediately available funds to DTC as the registered owner of the Notes, in the amount of 'the principal of and interest due on the Notes at maturity; provided, however, that the Paying Agent shall not be required to transfer funds pursuant to this Section in excess of the funds on deposit in the Repayment Fund, and all other ''income, revenue, cash receipts and moneys of the City lawfully available therefor. DTC shall then cause all of the interest on all of the Notes and all (or a pro rata portion) of the principal of the Notes to be paid to the subsequent purchasers of beneficial interests in the Notes from the funds so transferred. Section 9 . Both the principal and interest on the • Notes shall be payable in lawful money of the United States of America by wire transfer of the Paying Agent to ''DTC as the registered owner of the Notes. Section 10 . The Notes, together with the interest thereon, are payable only out of taxes, revenue, cash receipts and other moneys of the City attributable to Fiscal Year 1994-95 and lawfully available therefor. The Notes and the interest thereon shall be secured by a pledge of and first lien and charge against moneys to be received by the City (a) in an amount equal to fifty percent (50%) of the principal amount of the Notes from the first unrestricted 'revenues received by the City in April, 1995; and (b) in 'an amount equal to fifty percent (50%) of the principal amount of the Notes (plus an amount sufficient to pay interest on the Notes) from the first unrestricted revenues received by the City in May, 1995 (collectively, the "Pledged Revenues") . The Notes and interest thereon are a first lien and charge against and are payable from the first moneys to be received by the City from such Pledged Revenues, and from all other income, revenue, cash receipts and moneys of the City lawfully available for the payment of the Notes and the interest thereon. Section 11. The City Council does hereby establish . and create a special account, designated the "City of Atascadero Repayment Fund" (the "Repayment Fund") , to be maintained by the Paying Agent in the name and on behalf of LA 99980 00100 LA26863.2 05/04/94 10:58am 3 Ofl�jtill`'�,, the City, into which the City shall deposit all Pledged . Revenues promptly at the time of distribution thereof, which the Paying Agent shall hold for the benefit of the registered owners of the Notes. Moneys shall be withdrawn from said account for the sole purpose of paying the principal of and the interest on the Notes as the same shall become due and payable; provided that any moneys in excess of the amount required to pay the principal of and the interest on the Notes as the same shall become due and payable may be withdrawn by the City at any time for any lawful purposes of the City, and may be invested in legal investments of the City; and provided further, however, that such investments mature prior to the maturity date of the Notes. Section 12 . The Notes shall not be subject to call or redemption before their fixed maturity date. Section 13 . The Notes shall be issued without coupons and shall be in substantially the following form, the blanks in said form to be filled in with appropriate words or numbers as may be fixed by the officer named in Section 17 hereof upon the sale thereof: STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO CITY OF ATASCADERO 1994-95 TAX AND REVENUE ANTICIPATION NOTE No. R-1 July _, 1994 CUSIP: Principal Amount: $ FOR VALUE RECEIVED, the City of Atascadero, California, a municipal corporation and general law city of the State of California (the "City") , promises to pay to CEDE & CO. , on July 5, 1995, the principal sum of DOLLARS ($ ) in lawful money of the United States of America, with interest thereon at the rate of percent (_%) per annum from the date hereof and payable on maturity. Interest shall be computed on a 30-day month and a 360-day year basis. Both the principal of and the interest on this Note shall be payable by wire transfer as the same shall become due by Bank of America National Trust and Savings Association, Los Angeles, California (the "Paying Agent") ; provided, however, that no interest shall be payable for any period after maturity during which the registered owner hereof fails properly to present this Note for payment. This Note is part of an issue of [ Million Dollars ($ ) aggregate principal amount of Notes (the "Notes") issued by the City Council of the City of Atascadero, State of California (the "City Council") , in the LA 99980 00100 LA26863.2 04/29/94 4:55pm 4 name and on behalf of the City, under and in accordance with • the provisions of Article 7 .6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (constituting Sections 53850-53858, inclusive, of said Code) , and a Resolution duly adopted by the City Council on May 10, 1994 . This Note and the interest hereon are secured by a pledge of and first lien and charge against moneys to be received by the City from: (a) an amount equal to fifty percent (50%) of the principal amount of the Notes from the first unrestricted revenues received by the City in April, 1995; and (b) an amount equal to fifty percent (50%) of the principal amount of the Notes (plus an amount sufficient to pay interest on the Notes) from the first unrestricted revenues received by the City in May, 1995 (collectively, the "Pledged Revenues") . This Note and the interest hereon shall be payable from said pledged moneys and from all; other income, revenue, cash receipts and moneys of the City lawfully available for the payment of this Note and the interest hereon. Unless this Note is presented by an authorized representative of The Depositary Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or such other name as requested by authorized representative of The Depository Trust Company and any payment is made to Cede & Co. , ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co. , has an interest herein. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that the Notes are issued in conformity with the laws of the State of California and the proceedings of the City Council, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuan6e of the Notes have existed, happened and been performed in regular and due time, form and manner as required by law, and that the Notes, i LA 99980 00100 LA26863.2 p 04/29/94 4:55pm 5 together with all other indebtedness and obligations of the City, do not exceed any limit prescribed by the Constitution and statutes of the State of California. IN WITNESS WHEREOF, the City has caused this Note to be executed by its City Treasurer, and countersigned by its Clerk by their manual or facsimile signatures and has caused this Note to be dated July , 1994. THE CITY OF ATASCADERO, CALIFORNIA /s/ City Treasurer Countersigned: /s/ Clerk of the City Council Section 14 . The Treasurer of the City is hereby authorized and directed to sign each of the Notes and the Clerk of the City is hereby authorized and directed to countersign each of the Notes. One of such signatures may be printed, lithographed or engraved by facsimile signature, but at least one of such signatures shall be manual. Such signing, countersigning and sealing as herein provided shall be sufficient and binding execution of the Notes in the name and on behalf of the City. A signed opinion of Bond Counsel to the City, LeBoeuf, Lamb, Greene & MacRae, shall be attached to each Note. Section 15. In order for the interest on the Notes to remain excluded from gross income for federal taxation purposes, the City covenants to comply with each applicable requirement of the Code, and, without limiting the generality of the foregoing, specifically covenants: (a) That it shall file such reports or other documents with the Internal Revenue Service as is required by the Code and the Treasury Regulations; and (b) That it will invest none of the gross proceeds of the Notes in investments which are deemed to be "federally guaranteed" within the meaning of Section 149 (b) of the Code. The Treasurer is authorized and directed to file such reports or other documents with the Internal Revenue Service, including, but not limited to, the appropriate form in the 8038 series, and to do all other things necessary or appropriate to ensure compliance with these covenants. LA 99980 00100 LA26863.2 04/29/94 4:55pm Section 16 . Professional Services. In order to . permit the City to issue and sell the Notes authorized herein, the City Council hereby authorizes the hiring of, professionals by the Treasurer, namely BA Securities, as Underwriter (the "Underwriter") and LeBoeuf, Lamb, Greene & MacRae, as Bond Counsel ("Bond Counsel") , on such terms and subjaect to such conditions as may be established by the Treasurer in letter agreements with such professionals. Section 17 . Official Statement. The Official Statement respecting the Notes and the security therefor presented to this City Council for approval is hereby approved in substantially the form submitted, with such additions, changes or corrections as the Treasurer shall determine are necessary in order to make such Official Statement true and correct in all material respects at the time such Official Statement is to be used in connection with the sale of the Notes and which shall be in compliance with Rule 15c2-12 of the Securities and Exchange Commission under they Securities Exchange Act of 1934, as amended (the "Rule") . The City Council hereby directs the Clerk of the City to ''file said Official Statement with the minutes of this meeting. Section 18. Approval of Contract of Purchase. The Treasurer is hereby authorized to execute and deliver a Contract of Purchase, in the form attached to this Resolution as Exhibit A, on such terms as the Treasurer may approve, such approval to be conclusively evidenced by his execution and delivery thereof; provided, however, that the maximum effective interest rate on the Notes shall not exceed 8 .0% per annum and the discount which the Treasurer may approve shall not exceed 2 .0% of the par amount of the Notes. The Treasurer is further authorized to determine the maximum principal amount of Notes to be specified in the Contract !of Purchase for sale by the City, not to exceed five million dollars ($5, 000, 000) , and to enter into and execute the 'Contract of Purchase with the Underwriter, if the conditions set forth in this Resolution are satisfied. If, for any reason, the Treasurer shall be unavailable to execute the Contract of Purchase or the Official Statement described in ':Section 15 hereof, it shall be sufficient for the purposes of this Resolution if the City Manager of the City shall execute either or both of said documents in his stead and with the same effect. i LA 99980 00100 LA26863.2 04/29/94 4:55pm 7 000"'M Section 19 . This Resolution shall take effect . immediately upon its adoption. PASSED and ADOPTED this day of May, 1994 . Mayor ATTEST: Clerk of the City Council LA 99980 00100 LA26863.2 04/29/94 4:55pm 8 `i I, Clerk of the City • Council of the City of Atascadero, California, do hereby certify that the above and foregoing Resolution was adopted duly and regularly at a regular meeting of the City Council held on the day of May, 1994, by the following vote: AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS: ABSENT: CITY COUNCIL MEMBERS: ABSTAINED: CITY COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my Mand at Atascadero, California this day of May, 1994. Clerk of the City Council of the City of Atascadero LA 99980 00100 LA26863.2 04/29/94 4:55pm 9 1{! �" REPORT TO THE CITY COUNCIL CITY of ATASCADERo AGENDA ITE : B-7 . Through: Andy Takata, City Manager Meeting date 5/244 From: Michael McCain, Fire Chief -- T UQ ECT: Acquisition of property at 2000 Ramona Road (at Del Rio) for the purpose of a proposed fire station. REGQ LNQATtt Adapt attached Resolution No. 37-94 authorizing the execution of t4e real property sales agreement to purchase 2000 Ramona Road, Atascadero, as he site for 'third city fire station. I1AAtcOHOUND: The Fire Department, in trying to follow the City's General Pian rec mmendatio ls, has been working towards the purchase of this land for a station at the i iorth end of the City. On February 15, 1994, the Planning Commission considered the a ,ached staff report and, on a vote of 6:4, recommended that the acquisition of this site for a third fire station would be in conformance with the Atascadero General Piar. On February 22, 1994, the City Council approved the General Plan ConformityReport for the proposed site on a 4:0 vote. Also approved at that meeting mas Resolution No. 12-94 which included $150,000 as part of a mid-year budget adjustment to aNutre this property. On or about February 23rd, the City was advised by a concerned citizen that the fuel tanks may not have been removed from this property. Because of this report, the Fire Department Staff has reviewed fire department records and San Luis Obispo County Health Department records regarding the history of underground fi mmab4e #tquid fuel storage on the Ramona Road property. The Fire Department file indicates that the site had been issued an underground tank removal permit effective Ap it 11 1916. The permit condition required the applicant to "Call the Fire Departmen .before the tank, removalsothat an inspector can be at the site Normal Fire Depe rtment practice during tank removals are to ensure that a safe removal occurs, theb check,the area of the tank for odors. Records of such inspections are given to the Hf alth Department. The Health Department's copy of the Fire Department's permit farm has a note written by tis. Gay Gruber. Ms. Gruber was the Health Department's inspector at that tines. Her note indicates that "they sniffed them and were deemed clear", referring to the Fire Departments' teat which is called a "sniffer" used by Department inspectors to detad gas fumes. The current Environmental Health Specialist at the Health Department has found that the file on the Ramona Road property "does not indicate the presence tf fuel:-contaminated soil at this site". In fact, records show that the tanks were reused at two locations in the County instead of being processesas scrap metal. It should also,-be noted that before the Community Development Department 411owed the current owner to establish a used car lot, one of the conditions was to obtain the- necessary permits through the County and City to remove the tanks and insped-tot contaminated soil. Records indicate that this requirement was met and approvvsd. On March 24, 1994, the Council directed to have soil samples taken from the . On May 2, 1994, RESNA Industries Inc. completed the necessary tests (see attactiod sheen for sail contamination. All tests confirm that the sail is QlAap C LUAI All records indicate that the underground tanks were removed, and there was no.. ,-, indication of contaminated sail. Because of the=improvements on this property, it will prove to be much more cost effective to develop this lot rather than an unimproved property. The acquisition of the subject property is in conforma^we with the policies of tris Land Use Element of the General Plan. ElaGAL IMEACT; $150,000 to be taken from the Fire Impact (development) Fees. Attachments: San Luis Obispo County Health Department 311!94 fetter Resolution Flo. 37-94 RESNA Soil Sample Report Contract of dale 1 1 0009311 r CITY OF ATASCAD]ERO EXHIBIT A COMMUNITY DEVELOPMENT Location Map GPCR 94-1 �0 DEPARTMENT 0 - \ Cr � Rf0 C4A641 Np R / A 1 � S tiwr /O/ CT tti C r / CF s At 1850 SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT V . DIVISION OF ENVIRONMENTAL HEALTH 2156 Sierra Way • P.O. Box 1489 • San Luis Obispo, California 93406 • mss` TELEPHONE (805) 781-5544 • FAX (805) 781-4211 March 1, 1994 Mark Latham City of Atascadero Fire Department 6005 Lewis Avenue Atascadero, CA. 93422 Re: 2000 Ramona - Underground Storage Tank (UST) Removal Our office has reviewed the UST removal file for the above property. While the file appears somewhat sketchy as to the removal process, the following findings were made: 1 . A permit to remove UST' s was applied for on April 1, 1986, and issued by our department on April 4 , 1986. 2 . Our file does not indicate the presence of fuel- contaminated soil at this site. 3 . Our file indicates that the tanks were deemed to be clean inside at time of inspection. 4 . It appears from the file that the tanks were destined for later use on the Rod Goff property on Pozo Road and the Barrett property on Adelaide Road. Should you have further questions regarding this correspondence, please contact me at 781-5574 . OHN SCHOLTES, R. E.H. S. Environmental Health Specialist III jotui\ust removal at 2000 ramona cls\3-94 A DEPARTMENT OF THE SAN LUIS OBISPO COUNTY HEALTH AGENCY Otr€?�1 I fD RESOLUTION NO. 37-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING' THE PURCHASE OF REAL PROPERTY FROM RONALD L. TOPLEY AND PAULA J. TOPLEY, AND AUTHORIZING THE'; CITY MANAGER TO EXECUTE APPROPRIATE DEEDS, AUTHORIZING THE RECORDING OF SAID DEED, AND AUTHORIZING THE TRANSFER OF FUNDS. WHEREAS, the City of Atascadero desires to purchase real property owned by Ronald L. Topley and Paula J. Topley; and WHEREAS, Ronald and Paula Topley have expressed a willingness to sell their property to the the City of Atascadero. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby resolve as follows: Section 1. The Council hereby authorizes the purchase of real property owned by Ronald L Topley and Paula J. Topley as described below: Portion of Lots 14 and 14A, Block 23, Atascadero Colony, APN 49-141-39, City of Atascadero, County of San Luis Obispo Location: 2000 Ramona Road Section 2. The Council hereby authorizes the City Manager to enter into agreement with Ronald L. Topley and Paula J. Topley for the expressed purpose of purchasing their property as described above. Section 3. The Council hereby authorizes a sale price of $150,000, payable from Fire Development Fee - Fund #575. Section 4. The real property being acquired by the City of Atascadero shall be used for a fire station site, and is in conformance with the City's General Plan. Section 5. The deed relating to this property, beingofficial business of the City of Atascadero, is entitled to free recording under Section 6103 of the Government Code. Section 6. The City Clerk shall forward a copy of this resolution to • Ronald L. Topley and Paula J. Topley, Route 1, Box 77M, Templeton, CA 93465 . 11�f�0'l� Page Two Resolution No. 37-94 . On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO BY: ROBERT P. NIMMO, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Clerk APPROVED AS TO CONTENT: MICHAEL P. MCCAIN, Fire Chief HH-f' 1:D "D4 F19:'56AM 209 838 3-5509 P.2 Working To Restore Nature 1710 Main Street Escalon, CA 95320 Phone: (209) 88-3507 FAX: (209) 838-3509 FILE May 12, 1994 Chief Mike McCain Atascadero Fire Department 6005 Lewis Avenue Atascadero, CA 93422 Subject: Limited Subsurface Investigation, 2000 Ramona Road, Atascadero, California Dear Chief McCain: I am writing to summarize activities associated with a limited subsurface investigation conducted by RESNA Industries Inc. at the above referenced site. Pursuant to your written authorization a RESNA geologist supervised the drilling of two shallow soil borings at the subject site. One soil boring was advanced in the vicinity of the former dispenser island (SBI) and one soil boring was advanced in the vicinity of the former underground fuel storage tank (SB2). The approximate locations of the borings are shown on the attached sketch provided by the City of Atascadero Fire Department. Each soil boring was advanced to a depth of approximately 20 feet below grade by Earth Systems Consultants using a drilling rig with hollow stem augers. No groundwater was encountered in the bore holes. Samples were collected at five foot intervals and screened for the presence of petroleum hydrocarbons using a portable photoionization detector (PID) as well as visual and olfactory means. Pursuant to verbal approval by San Luis Obispo County Health Department, drill cuttings produced during drilling were placed back in to the bore holes prior to sealing each bore hole with a six-inch concrete cap. Soils beneath the site consisted of interbedded clay, silt, sand, and gravel to a depth of 20 feet below grade, the maximum depth explored. No petroleum odors were detected in boring SB1 near the dispenser island. A very slight asphalt odor was detected in boring SB2 near the former tanks at very shallow depths (less than 5 feet), but is likely not associated with the former tanks or fuel island. Copies of field logs are attached. 1500791LM71;Wi.2-0594.FNL HAY 13 S:14 09:157AM 2019 3,-Ciq P.3 Working To Restore Nature Since no odors were detected at depth, the soil samples collected in fine grained soils near the bottom of each boring were selected for laboratory analyses. The samples were transported under chain of custody to a State-certified laboratory and analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX) and total petroleum hydrocarbons as gasoline (TP'Hg) using appropriate EPA methodologies. Analytical results indicate that petroleum hydrocarbons were not present at or above the detection limits in samples collected from the borings. Copies of laboratory reports are attached. If you have any questions or require additional information, please call me at our Escalon office (209) 838 3507. Respectfully, '- RESNA Industries Inc. hn P. Lane Project Geologist JPL/ggk i 150079U TrERSU-0544.FNL 2 •,,� • CZI so ., . ..� . = G1 t•1H =,G1 t f-. -:T .I.HH ^ P.5 f '1 '94 1,-�.56--111 20� l_Ji_i 3509 LOG OF RCaRtNG JWELL �mff�f PROJECT NO. ' LOCATION CX �•.w�aa+c1 '� PROJECT - Lo t� 4�. REVIEWED I DATE DRILLED ^--�— LOGGED 8Y "^^' ,ham N.. METHOD 'i+t"" DRILLING COMPANY �•DRILLER W A- STATIC �� BORE HOLE DIA61ETER �x DEPTH DRILLED �`.�—�� DEPTH 0 WATER iN1TIAL A TO DIAMETER _ �" 5CHEDUIE INTERVAL TO CASING TYPE _.----- , — _-� SLOT SIZE INTERVAL SCREEN TYPE DIAMETER r .//a ET.. TO INTERVAL y--r----� Q El FILTER PACK TYPE INTERVAL -•--� TPAGE 0�_ SURFACE SEAL TYPE COMMCNTS: DESCRIPTION 4 TA1L D FTN PPI BLOWCOUNT LOG CAA 10A Q %0 s 4tr ; IMS�' 1 tee rne��h+��.IS 1,11.0 14 ytil to 0 40 AID 15 12 ra ;d � .,, to �s ML.. r�GS t�•� Cary 5 ���� A to 20 4 L-1 y bLo dG�te_r', 4.f`4 11 U S Y�,CrG1 Yj Ch J 22 t ` 24 c t�n�j�tnl�.i�-,j I 28 r,,,w—1 (Sir" 1r\0 04e� � 14cCjN\n 30 46 —77 , ` i q .37 34 `70 tvxe 36 1�1OG1 r n0 yy 38 40 "i LOGF B4RASG GJWR1- �� PROJECT ` O �6- LOCATION PROJECT NO. DATE DRILLED n U g LOGG D Y "~"" REVIEWED 8Y - DRILLING COMPANY f r 1-H S�5+c�t5 4-QAIAk.a RILLER �� �r "� )JETHOD BORE HOLE DIAMETER - (� DEPTH DRI _ILLM DEPT WATER ISMAL STATIC CASING TYPE DIAMETER SCHEDULE INTERVAL Aj FT TO SCREEN TYPE DIAMETER L4 jjhL SLOT SIZE IN- INTSRVAI TO FILTER PACK TYPE k r'- INTERVAL TO SURFACE SEAL TYPE INTERVAL PAG TO E FT. E OF—L COMMENTS; WCU DEPTH PIO SAMPLE ID us. . DEScRIP N DETAIL FT.) (PPU) BLOWCOUNT LOG c'x'A\weret O 3y h n O Qty # 1�vs-mtC ws vire-c Q S >i 2 CA U-SA4 q"Is 20 �s 1 26 y\Q 6d� <+� Vvn^�a"e 1�UvvtOt�t�.*.r►V —30 ltCA 'ti -�. kfJ�• \\� s Mc w G�ry 3A 36 40 S22 pol RtaSCa[Ie!'u Cit_ Fire Departn-ient LS-1+?—a4 a9: 12 111-1'1' 1 "--A4 =-G' _509 P. Argon Mobile abs 304$ IvlcKittriek Ct., Suite N Cetes, CA 95307 (209) 537-7836 RESNA 1710 Main St. Date Sampled: 05/Q2/94 Escalon, CA 95320 Date 'Received: 05/04/94 Attn: John Lane Date Reported: 05/09/94 Project Manager Project ID: 150079 . 01 Lab Number: T405021 Sample ID: AFD-SB1 20' Matrix: Soil TPH-GAS/STXE ANALYTE Di6tection Limit Sample Results Ppm" ppm. Total Petroleum : 1. 0 . , <1.0 Hydrocarbons as Gasoline Benzene 0.'0051 ' <0.005 Toluene , . 0. 005 <0. 005." Xylenes 0. 005 <0.0¢5: Ethylbenzene 0. 005.. " c0..005" QA/QC: Blank is none detected. . . 110 Surrogate Spike Recovery Note: Analysis was perfoxImed by EPA methods'., 503.0/8015/80.2'0 ppm=mg/Kg ARGON MOBILE LABS Hiram Cueto Lab Director ARGON MOBILE lA13S IS CERTIFIED BY THE STATE OF CALIFORNIA 0000-111 D.o.H.S.AS A HAZARDOUS WASTE TESTING LABORATORY .(CERTIFICATION NO.1873) MH i' 1? '94 10-*04AM 2'09 G-38 3�_zI=i9 P.Argon Mobile , Labs 3008 McKitttiek Ct., Suite N Ceres, CA 95307 (209) 537-7836 RESNA 1710 Main St. Date ''Sampled: 05/02/94 - Escalon, CA 95320 Date Deceived: 05/04/94 Attn: John Lane .Date Deported: 05/09/94 Project Manager Project ID: 150079 .01 ' Lab Number: T405022 Sample . ID: AFD=SB2 14 ' Matrix: Sail TPH-GAS/BrTXE ANALYTEDetection Limit Sample Results ppm ppm .. Total Petroleum 1. 0 <1. 0 Hydrocarbons as Gasoline Benzene 0.00.5 '005. Toluene 0:00.5 <0. 005 Xylenes 0. 005' <. d»005: Ethylbenzene 0. 005 <0.005 QA/Q.C:: 1031 Matrix Spike 'Recovery ` .4.1% .DuplicateSpike Deviation 94� Surrogate 'spike. ReobVery Note: Analysis was performed .by EPA methods 5030/8015/06�'.O Ppm--mq/X ARGON MOBILE LABS . Hiram Custo . Lab Director ARGON MOBILE LABS 1S CERTIFIED BY THE STATE OF CALIFORNIA D.O.H.S.ASA HAZARDOUS WASTE TESTING LABORATORY (CERTIFICATION NO.1873) 1A`r" 13 94 1rl:04Af1 F.4 LO C:) cap Q � s w �. W ,� $ ¢ ° S < z LU N el � aY cr 0. tl.! Q � w " L ui N 9 �- Q 0` r,• z Q DgJ`019 r O si b'00 rS�oa�A y t x04'0 rQ916y p f w cc �� U w O \/5 y u ffe, IVINMON — asol ¢ 0 cn C) LLYI m o5 a 0 fl O p LU 0 z 4 aviv \ z ' > > W= w cc h= ` v 1 uj w w 4 M T LC a ¢ Q w � ¢ o w w LU~ h W z d Ld z it r 0. � �I ` - ± � o a oLLJ w w Y r ¢ Q t O p Q U � w N 2 } Z � z w U a LL L1 w (� w w w v � � � � a CONTRACT OF SALE Preamble CONTRACT OF SALE entered into 19_, by and between the City of Atascadero, a municipal corporation, (hereafter referred to as "Buyer") and Ronald and Paula Topley, husband and wife (hereafter referred to as "Stiller"). Seller agrees to sell and convey, and Buyer agrees to ''purchase, the real property situated in the City of Atascadero, San Luis Obispo'; County, California (hereafter referred to as "the Property"), and more particularly described in Exhibit A, which is attached to this Contract and hereby incorporated by reference on the following terms and conditions: ARTICLE 1. PURCHASE PRICE Amount and Terms of Payment Section 1.01. The total purchase price of the Property is $150,000.00, payable by Buyer to Seller as follows: (a) The sum of $1,000.00 on execution of this Contract, as a deposit to be applied to the purchase price at the close of escrow. This amount shall be payable by warrant of the City of Atascadero. (b) The balance of the purchase price shall be paid prior to the close of escrow. This amount shall be payable by warrant of the City of Atascadero. Payments shall be made as follows: 1 . An amount equal to the sum to pay off the first and second deed of trust existing on the Property plus $46,000.00 shall be paid at the close of escrow. 2. The difference between the amount set forth in (1), above, and the purchase price shall be carried by Seller, pursuant to a non-interest bearing first deed of trust due on January 3, 1995.' Consequences of Buyer Default Section 1.02. If Buyer defaults in the performance of this Contract, the deposit described in Section 1 .01 shall be forfeited by Buyer as provided'in Section 5.02. In the event this Contract is terminated for any other reason, the deposit shall be refunded to Buyer pursuant to Section 3.03. i n000111-2 ARTICLE 2. ESCROW Opening of Escrow Section 2.01. An escrow shall be opened to consummate the sale of the Property according to the terms of this Contract at the office of First American Title (hereafter referred to as the "escrow holder") in Atascadero, California. The escrow shall be opened within 10 days after the execution of this Contract. Written escrow instructions in accordance with the terms of this Contract shall be prepared jointly and the instructions shall be signed by the parties and delivered to the escrow holder within 20 days of the execution of this Contract. Buyer and Seller shall also deposit with the escrow holder all instruments, documents and other items (i) identified in the escrow instructions or (ii) reasonably required by the escrow holder to close the sale on the closing date specified below. Closing Date Section 2.02. The escrow shall be closed on the date the deed is recorded. The escrow shall be considered to be in a condition to close when the escrow holder is authorized under the escrow instructions, and when the escrow holder is otherwise able, to record the grant deed. The escrow must be closed no later than June 30, 1994, unless the closing date is extended pursuant to the terms of this Contract; provided, however, that this closing date shall not be extended beyond August 1 , • 1994. Prorations Section 2.03. The following shall be prorated between Seller and Buyer on the basis of a 30-day month as of the date on which escrow closes: real property taxes, special assessments and any prepaid rent on the Property. Closing Costs Section 2.04. Seller shall pay any transfer taxes, the costs of the preliminary report and title insurance policy required by this Contract, the reconveyance fees charged for the reconveyance of and deed(s) of trust shown on the preliminary title report required by this Contract, the recording fees for the reconveyance of that deed of trust, and the cost of preparing, executing and acknowledging the grant deed and all other instruments necessary to convey title to Buyer. Buyer shall pay the cost of recording the grant deed and any other instruments required to convey title to Buyer. The escrow fee, other than the cost of the above title insurance policy, shall be paid 50 percent by Buyer and 50 percent by Seller. 2 Brokers Commission • Section 2.05. Buyer and Sellerspecifically state that no bra' ker's commissions are due from either party as part of this sales transaction. If: any broker's fees become due, they are the sole responsibility of the party who has retained the services of the broker. Any unpaid fees shall not operate to delay or stop closure of escrow. Vesting of Title Section 2.06. On the close of escrow, title shall be vested as follows: City of Atascadero, a Municipal Corporation ARTICLE 3. ADDITIONAL TERMS AND CONDITIONS Preliminary Title Report Section 3.01. Within 30 days after the execution of this Contract, Seller shall furnish Buyer with a preliminary California Land Title Association report of the title to the Property and each document shown as an exception or encumbrance in the report. This shall be done at the expense of Seller. Within 20 days after the delivery of the report and related documents to Buyer, Buyer shall notify Seller in writing of any objection to any exception therein. If Buyer makes a timely objection to any exception and the exception is not eliminated within 10 days of the Seller's receipt of the objection, this Contract shall be terminated pursuant to Section 3404. Buyer's failure to object in this manner to any exception shall be an approval by Buyer of that exception. Miscellaneous Conditions Section 3.02. The close of escrow opened pursuant to Section 2.01 , and Buyer's obligation to purchase the Property pursuant to this Contract are subject to the satisfaction of the following conditions, which are solely for Buyer's benefit unless otherwise indicated: Marketable Title (a) The conveyance to Buyer of good and marketable title to the Property, as evidenced by a California Land Title Association standard coverage title insurance policy issued by First American Title Company in the full amount of the purchase price insuring that title to the Property is vested in Buyer free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions and other adverse interests of record or known to Seller, subject only to those exceptions approved by Buyer in 3 writing and the following: any exceptions shown on the preliminary title report i described in Section 3.01 that are not disapproved by Buyer pursuant to that section. Delivery of Possession (b) The delivery of possession of the Property (with all keys to locks and all garage door openers) to Buyer immediately on the close of escrow free and clear of all uses and occupancies except those approved in writing by Buyer, and the execu- tion by Seller and Buyer of a month-to-month rental agreement in standard form, allowing Seller's continued use of the space currently occupied by Seller at $25.00 per month, ending on 12/1/94. (c) Delivery to Buyer at the close of escrow of a written assignment, duly executed and acknowledged by Seller, assigned to Buyer all of Seller's right title and interest in the current lease or rental agreement for the Property, which shall not be extended by Seller prior to close of escrow, along with the security deposit held pursuant to the lease. (d) Buyer has conducted their own investigation of subject Property and have satisfied themselves as to the following conditions: 1 . Removal of fuel tanks, as reflected on permits by City of Atascadero Fire Department, City of Atascadero and San Luis Obispo County Health Department - Division of Environmental Health, also confirmed in letter dated March 1, 1994, from John Scholtes, R.E.H.S., Environmental Health Specialist with San Luis Obispo County Health Department. 2. Soil contamination was not found as a result of laboratory test of soil borings contracted by the City of Atascadero with RESNA Industries, as stated in a letter, dated April 15, 1994, to Fire Chief Michael P. McCain. 3. After fuel storage tanks were removed, the hole was back-filled with material from the site as well as material brought in from the Salinas River bed. Compaction of said material may or may not be up to current City or county standards. Seller advises Buyer that gasoline tanks were removed and no contamination was found per Ms. Gay Gruber, Health Department Inspector for San Luis Obispo County Health Department - Division of Environmental Health, according to applicable Federal, State and local law as it existed -in 1986. Failure of Condition and Seller's Breach of Warranty Section 3.03. Except as provided in Section 3.04, if any of the conditions set 4 0fl�'(1:,{) close of escrow of Seller's breach of any of Seller's warranties set forth in this Contract, then Buyer may cancel the escrow, terminate this Contract and recover the amounts paid by Buyer to the escrow holder toward the purchase price of the Prop- erty. Buyer shall exercise this power to terminate by complying with any applicable notice requirements specified in the relevant condition and, in 'all other cases, by providing written notice to Seller and the escrow holder within 10 days of the failure or breach. The exercise of this power shall not waive any other rights Buyer may have against Seller for breach of this Contract. Seller shall instruct the escrow holder, in the escrow instructions delivered pursuant to Section 2.01 , to, refund to Buyer all money and instruments deposited in escrow by Buyer pursuant to this Contract upon failure of a condition or conditions or breach of a warranty or warranties and receipt of a termination notice. This instruction shall be irrevocable. In the event of such a termination, Seller shall bear any and all costs and expenses of escrow. Seller's Election to Remedy Defects Section 3.04. Notwithstanding any provision of this Contract to the contrary, Seller shall have the right to remedy certain violations of this Contract prior to the close of escrow. This right to remedy shall be subject to the following requirements and restrictions. (a) Buyer shall immediately notify Seller in writing of Buver's discovery, prior to the close of escrow, of a violation of any of the following; provisions of this Agreement: Sections 3.02(a), 4.02. For these purposes, the foregoing violations shall be referred to as "defects". (b) If Buyer fails to give notice, Buyer shall waive the defect and the defect shall not be a violation of this Contract. If Buyer gives notice, Seller may elect to remedy the defect by giving Buyer written notice of this election within 20 days of receiving Buyer's notice. Seller's notice of election to remedy shall specify the number of days (if any), up to a maximum of 20, that escrow shall be postponed so that Seller may remedy the defect. If Seller fails to provide a timely notice of election or fails to remedy the defect prior to the close of escrow (including any extension of escrow pursuant to this Section), then Buyer, at Buyer's election, may do either of the following: (1 ) Terminate the Contract without any liability on the part of either party; or (2) Purchase the Property without a reduction in the purchase price and without any liability for the unremedied defect or deflects on the part of Seller. The failure by Buyer to make such an election shall be deemed an election of option 1 . 5 (c) Seller shall instruct the escrow holder, in the escrow instructions delivered pursuant to Section 2.01 , to immediately refund to Buyer all money and instruments deposited in escrow by Buyer pursuant to this Contract on termination of this Contract pursuant to this Section, and on receipt of notice of that termination from Buyer. In the event of such a termination, Seller shall bear any and all costs and expenses of the escrow. ARTICLE 4. RIGHTS AND WARRANTIES Right of Buyer to Enter Property Section 4.01. Seller grants to Buyer, or Buyer's agents, the right, at any time and from time to time within 30 days after the opening of the escrow for this transaction, to enter onto the Property to conduct tests or investigations, provided that: (a) The acts shall be conducted at the sole cost and expense of Buyer; (b) The acts do not unreasonably interfere with Seller's possession; (c) Buyer shall indemnify and hold Seller harmless from any costs or liability resulting from the acts, and, if the escrow is cancelled for a reason that is not the fault of Seller, for any damage to the Property resulting from the acts; and (d) Buyer shall give Seller written notice of the intention to enter two days prior to the date of the planned entry. Warranties of Seller Section 4.02. Seller warrants that: (a) Seller owns the Property, free and clear of all liens, licenses, claims, encumbrances, easements, encroachments on the Property from adjacent properties, encroachments by improvements on the Property onto adjacent properties, and rights of way of any nature not disclosed by the public record. Buyers are aware that a portion of subject Property is being used with permission of the City of Atascadero Department of Public Works. Seller was issued a public improvement/encroachment permit for such use on May 9, 1986. Said permit is on file with the City of Atascadero. (b) Seller has no knowledge of any pending litigation involving the Property. (c) Seller has no knowledge of any violations of, or notices concerning defects or noncompliance with, any applicable building code or other code, statute, regulation, ordinance, judicial order or judicial holding pertaining to the Property. 6 (d) Seller is not in default under any contract, note or encumbrance relating to the Property. (e) Improvements on subject Property are being sold in their present condition. They consist of an older metal building (which has some leaks when it rains and has condensation on the metal ceiling with temperature changes), landscaping, freeway sign, chain link fencing and septic system (size and exact location unknown). (f) Seller will maintain the Property in good repair and in the same condition, reasonable wear and tear excepted, it was in when it was inspected by Buyer. (g) Buyers are aware that one of Sellers has a California deal Estate Brokers License. Survival of Warranties Section 4.03. All warranties, covenants and other obligations described in this Article and elsewhere in this Contract shall survive delivery of the deed. ARTICLE 5. MISCELLANEOUS PROVISIONS ' Loss, Destruction and Condemnation Section 5.01. The parties agree that the following provisions shall govern the risk of loss: (a) If, before Seller transfers legal title or possession 'of the Property to Buyer, all or a material part of the Property is destroyed without fault of Buyer, or is taken by eminent domain by any governmental entity, Buyer shall be entitled to recover any portion of the price Buyer has paid, and Seller shall not have the right to enforce this Contract. (b) If after Seller transfers legal title or possession of the Property to Buyer, all or any part of the Property is destroyed without fault of Seller, or is taken by eminent domain by any governmental entity, Buyer is not relieved from Buyer's obligation under this Contract to pay the full price for the Property, nor is Buyer entitled to recover any portion of the price Buyer has paid. (c) If at any time prior to the close of escrow damage, destruction or condemnation occurs, and this loss is not covered by Subsections (a) or (b) of this Section, Buyer shall not have the right to terminate this Contract, but shall be entitled to offset the cost of repair or replacement against the purchase price of the Property. 7 00001 3 Liquidated Damages Section 5.02. If Buyer defaults in the performance of this Contract, the parties agree that Seller shall be released from any obligation to sell the Property to Buyer and may retain, as liquidated damages, the lesser of the deposit paid by Buyer on execution of this Contract pursuant to Section 1.01(a) or 3 percent of the purchase price. Seller shall refund to Buyer the remainder of the deposit, if any. The parties further agree that the amount of liquidated damages established by this provision is a reasonable estimate, under the circumstances existing on the date of execution of this Contract, of what Seller's damages would be in the event of a default by Buyer. Initialed by Buyer: Initialed by Seller: Insurance Section 5.03. Seller shall cancel all policies of insurance on the Property as of the close of escrow. Buyer shall be responsible for obtaining insurance on the Property as of the close of escrow. Assignment Section 5.04. Buyer may not assign this Contract without Seller's prior written consent. The valid assignment of this Contract shall relieve Buyer of liability under this Contract. Time of Essence Section 5.05. Time is of the essence in this Contract. Notices Section 5.06. Any notice, tender, delivery or other communication pursuant to this Contract shall be in writing and shall be deemed to be properly given if delivered,mailed or sent by wire or other telegraphic communication in the manner provided in this Section, to the following persons: (a) If to Buyer: (b) If to Seller: City of Atascadero Ron and Paula Topley Attn: City Manager Route 1 , Box 77M 6500 Palma Avenue Templeton, CA 93465 Atascadero, CA 93422 Either party may change that party's address for these purposes by giving r written notice of the change to the other party in the manner provided in this section. 8 If sent by mail, any notice, delivery or other communication shall be effective or deemed to have been given 48 hours after it has been deposited in the United States mail, duly registered or certified, with postage prepaid and addressed as set forth above. If sent by wire or other form of telegraphic communication, any notice, delivery or other communication shall be effective or deemed to have been given eight hours after it has been deposited with Western Union, or other carrier, prepaid and addressed as set forth above. Entire Agreement Section 5.07. This Contract and the attached Exhibits constitute the entire agreement between the parties relating to the sale of the Property. Any prior agreements, promises, negotiations or representations not expressly set forth in this Contract are of no force and effect. Any amendment to this Contract shall be of no force and effect unless it is in writing and signed by Buyer and Seller. ARBITRATION OF DISPUTES Section 5.08. ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT OR A BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. INITIALED BY BUYER: INITIALED BY SELLER: 9 Attorney's Fees Section 5.09. If any action, proceeding or arbitration arising out of or relating to this Contract is commenced by either party to this Contract or by the escrow holder, then as between Buyer and Seller, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs and expenses incurred in the action, proceeding or arbitration by the prevailing party. Binding Effect Section 5.10. This Contract shall be binding on and inure to the benefit of the parties to this Contract and their heirs, personal representatives, successors and assigns, except as otherwise provided in this Contract. Governing Law Section 5.11. This Contract and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California. Headings Section 5.12. The headings of the articles and sections of this Contract are inserted for convenience only. They do not constitute part of this Contract and shall not be used in its construction. Waiver Section 5.13. The waiver by any party to this Contract of a breach of any provision of this Contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Contract. Dated this day of , 19_ SELLER, (signature) Ronald Topley, Husband (signature) Paula Topley, Wife BUYER, CITY OF ATASCADERO By: Robert P. Nimmo, Mayor 10 Contract of Sale EXHIBIT "A" Location of the Subject Property: 2000 Ramona Road, Atascadero, CA 93422 Southwest corner of Del Rio Road and Ramona Road near U.S. 101 Highway south bound access Map Book: Thomas Guide 553 E 7 Census Tract: 126 Legal Description: A portion of Lots 14 & 14A, Block 23, City of Atascadero, CA Assessor's Parcel Number: APN 049-141-39 Contract of Sale iEXHIBIT "A" ; I PROPERTY DESCRIPTION Location of Subject Property: Nor .east corner of Santa Lucia Road and Sah/ta Ana Road, Atascadero, California Street Address: 2000 San Ramona Road Map Book: Thomas Guide 573 E 4 Census Tract: 127.01 tLegal Description: A portion of Lots 49 and 49A, Block 27, City of Atascadero. Tentative Parcel Map ATAL 940001 identifies the subject site as Parcel 4. Assessment Parcel ,Number: APN 054-P1-019 i l s' ////n\\\\\\\\U \ ///------ -----///////n\\\\\\\\\�/////////n1\\\\\\\ STORE LEASE (General, Short Form) CI. PARTIES: C � This Lease is made and entered into this -_!- ' `a,___—_of_ "" L` 19 by nd between — _Dx//)/ (hereipalter referred to as''Landlord")and (hereinafter referred to as"Tenant"). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,on the terms and conditions hereinafter set forth,that certain real propertyand the building and other improvements located thereon situated in the City of_/41y w04 �O -�9✓ L✓rs DS/s ��� L� e✓�+9 common) known as Courtly of ------------------r...--------•State of----�-- ---------._ Y ' ------mere insert adroessl --- – Q /LJ and dESrflhP.d a5___.._—___.J'�_'_✓__—O T •{-L.yh..G�3...�_ —_--_- - - Inae insert legal descriplionl (said real property is hereinafter called the''Premises"). 3. TERM: The term of this Lease shall be for.____-_ - commencing on _ and ending on 4. RENT: Tenant itLall pay to Landlord as rent for the Premises,the sum of Ef T f�UNb/r�b dollars per month,in advance on the first day of each month during the term hereof.Rent shall be payable without notice or demand and without any deduction,off-set,or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. 5. USE: T;'-4/10iL S,4Gs: se—eyiLE (EEPAIics) Tenant shall use the Premises for__ _ _-/t/1E D_Lu.N1_ �kT__X Ti��cckS [ - Z and for no other purpose without the Landlord's prior written consent. 6. TAXES: (a) Real Property Taxes. Landlord shall pay all real property taxes and general assessments levied and assessed against the Premises during the term of this Lease. (h) Personal Property Taxes. Tenant shall pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures,furnishings,equipment and other personal property of Tenant contained In the Premises. 7. UTILITIES: shall make all arrangements and pay for all water,gas,heal,light,power,and other utility services supplied to the Premises together with any taxes thereon and for all connection charges.Tenant shall pay for all telephone charges.It Tenant shall be responsible for the payment of utility charges hereunder,if any such services are not separately metered to Tenant,the Tenant shall pay a reasonable proportion,to be determined by Landlord,of all charges jointly metered with other premises. R. ALTERATIONS AND ADDITIONS: Tenant shall not.without the Landlord's prior written consent,make any alterations,improvements or additions in or about the Premises. 9. HOLD HARMLESS: Tenant shall indemnify and held Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from the conduct of its business or from any activity,work,or things which may be permitted or suffered by Tenant in or about the Premises Including all damages,costs,attorney's fees,expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom.Except for Landlord's willful or grossly negligent conduct.Tenant hereby assumes all risk of damage to properly or injury to person in or about the Premises from any cause,and Tenant hereby waives all claims In respect thereof against Landlord. 10. ASSIGNMENT AND SUBLETTING: Tenant shall not voluntarily or by operation of law assign,transfer,sublet,mortgage,or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld. 11. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid,or if a receiver be appointed 10 take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in the Lease,or it Tenant shall make a general assignment or arrangement for the benefit of creditors,or it Tenant shall lake any action under any insolvency or Bankruptcy act,or it Tenant shall default and breach any other covenant or provision of the Lease,then the Landlord,after giving the proper notice required by law,may reenter the Premises and remove any property and any and all persons therefrom in the manner allowed by law.The Landlord may,at his option,either maintain this Lease in lull force and effect and recover the rent and other charges as they become due or,in the alternative,terminale this Lease.In addition, the Landlord may recover all rentals and any other damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reason of such default as provided by law. 12. SURRENDER: • On the tali day of the form of this t Ease,tenant shall surrender the Premises In Landlord in good condition,broom clean,ordinary wear and tear ani)damage by fire and the elemcnis excepted. IN col IC 1I)R••,"A, 1-Ir I I Is((rj w Rn1 -"M 1lrnlAr Irnc 5lanna+d tartan rnvvra r.mi moat o+ao—,in Ine field rndkalan eela+e arta sign.read n.Int,n all W."M Rnv n Pf /r r rRR�•i Rlt rolls.ltlr, ann^+•r �n,l.y1�<Rnf,.. ',n rine I.,..,.l,n+ l'nnsllll a lawyer+I you dauol the loon x Illness tar your earpatt Ina.re r ace al 13. HOLDING OVER: JJ It Tenant,with the Landlord's consent,remains in possession of the Premises after expiration or termination o1 the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month to month at a rental in the amount of the last monthly rental plus all other charges payable hereunder,and upon the provisions of this Lease applicable to such a month-lo-month tenancy. \�\ 14. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease perlormahle by Tenant shall he deemed both a covenant and a condition. The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of(he parties hereto,their heirs,personal representatives, `` successors and assigns. 15. NOTICES: Whenever under this Lease a provision is made lot any demand,notice or declaration of any kind,it shall be in writing and served either personally or sent by registered or certified United Slates trial],postage prepaid,addressed at the addresses as set forth below: TO LANDLORD AT: /-,CNA --D—./. 7-2, -------------- — ---- — 31uo f,0Mg2. _ TO TENANT At Such notice shall be deemed to he received within forty eight(48)hours from he time of mailing mailed as provided for in this paragraph. 16. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 17. TIME: Time is of the essence of this Lease. 0 To sem- e Te-00mcq_/�-ntL- 44« ---------- .� 141cGu')ew int -I;fis L&rtsE fly t the parties hereto have execuled This Lcasc on the dale first aho:e anilten. tnNnt orlTz, rLranrlT Ry — t9la� — /G — --- — -- By Fly By Addendum to Store Lease Tenancy 9 Rental Agreement between Ronald L. Tapley, Landlord and Tom Adams, Tenant 1. Tenant is aware that Ronald L. Tapley (DBA California Motors) has an office in subject building (2000 A Ramona Road) that he occupies at no cost. 2. Tenant is aware that GARAGE HOIST in subject building has NO SAFETY BAR and no air compressor. if Tenant activates hoist (with Tenant's own compressor) a SAFETY BAR should be installed. Tenant agrees to liability for all in garage hoist use. 3. Tenant agrees to maintain landscaping, weeds, and watering. _ Received from Tom Adams $1950 .00 for the following: t� First months rent $800.00 Last months rent $800.00 Cleaning and Security Deposit 50.00 Total Landlord: 4�2a4' . 17e4� Ronald L. Topley i Tenant: T dams i O(woo;0 REPORT TO CITY COUNCIl. Mtg. Date: 5/24/94 CITY OF ATASCADERCa Agenda RE m: B-8 Through: Andy Takata, City Manager From: Michael P. McCain, Fire Chief �G SUBJECT Weed abatement contract Bid #94-03. RECQMMENDATLQN Recommend awarding of contract for hand work and tractor work to Brett's Tractor Service, and adopt Resolution No. 38-94, authorizing the execution of a contract with said contractor. is 8A RQUND Bids for the weed abatement contract were opened /9/94, by Cindy Wilkins, Deputy City Clerk. As indicated on the attached bid summary sheet, two bids were submitted. I recommend awarding the bid to the lowest bidder Brett's Tractor Service. Brett Butterfield provided weed abatement contract services for the City on a previous occasion and performed satisfactorily. FIQAL IM#!ACT Funds, are budgeted annually to cover costs of the weed a atement program and fees are recovered through assessments on property tax bills. MM:ps Attachments: Resolution No. 38-94 Notice of Award Bid Summary Bid #94-03 - Contract No. 94015 RESOLUTION NO. 38-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRETT'S TRACTOR SERVICE FOR WEED ABATEMENT SERVICES The City Council of the City of Atascadero, Califo is hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with Brett Butterfield for geed abatement services. 2. The City Manager is hereby authorized to make rmnor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds, and issue warrants to comply with the terms of this agreement. -PAS ED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero heldon the 24th of May, 1994. ATTEST: CITY OF ATASCADER0 LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor 000062 City of Atascadero Bid No. 94-03 Weed Abatement NOTICE OF AWARD Dated 5/24/94 To Brett's Tractor Service Bidder Address 605 Third Street Paso Robles, CA 93446 Contract for: Furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to provide weed abatement. You are notified that you response, dated May 9. 1994, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for City of Atascadero weed i abatement per Bid No. 94-03. The Contract Price of your contract is computed on an hourly basis as follows, Largeap rcel snowing $28.00 per hour. $15.00 per 1/2 hour: Hand work $15.00 per hour, $10.00 per 1/2 hour: and Hauling $10.00 hour, $9.00 per half-hour, payable at end of contract. You must deliver to the City two fully executive counterparts of the Agreement including all the Contract Documents. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor BID SUMMARY TO: Mike McCain, Fire Chief FROM: Lee Price ( ,( City Clerk BID NO.: 94-03 OPENED : 05/09/94 2:00 p.m. PROJECT: WEED ABATEMENT 1994 Two (2) bids were received and opened today, as follows: Contractor Part I Part II Part III Brett's Tractor Service 28.00/hr 15.00/hr 10.00/hr 605 Third Street 15.00/'/ hr 10.00/% hr 9.00/% hr Paso Robles, CA 237-2288 Jack R. Bridwell 30.00/hr 15.00/hr 20.00/hr 11600 Viejo Camino 20.00/'/2 hr 12.00/'/2 hr 10.00/% hr Atascadero, CA 466-8459 Attachments: 2 Bids CONTRACT NO . 94015 • AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution, as set forth below, by and between Brett ' s Tractor Service, a weed abatement contractor, hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City" . The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions : 1 . 00 GENERAL PROVISIONS 1 . 01 TERM: This agreement will become ';effective on the date of execution set forth below, and will continue in effect until terminated as provided herein . 1 . 02 SERVICES TO BE PERFORMED BY ; CONTRACTOR : Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit All hereby incorporated herein . Contractor shall determine the method',, details and means of performing the above-referenced services . Contractor may, at Contractor ' s own expense, employ such assistants as Contractor deemsnecessary 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 . 1 . 03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein . 2 . 00 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 . Contractor may represent , perform services for and be employed by additional individuals or entities, in Contractor ' s sole discretion, as long as the performance of ' these extra- contractual services does not interfere with or presents a conflict with City ' s business . 1 CONTRACT NO . 94015 2 . 02 TOOLS AND INSTRUMENTALITIES : Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in • "Tools and instrumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein . 2 . 03 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 and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor ' s employees or agents . 2 . 04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees , harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor ' s or any of Contractor ' s employees ' or agents ' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows : a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages . 2 . 05 INSURANCE . Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier : 2 0001" ., CONTRACT NO. 94015 a . Public Liability and Property Damage Insurance . • Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from 4 claims for property damage which may arise from Contractor ' s or any subcontractor ' s operationsunder this contract, whether such operations be by Contractor or by anyone directly or indirectly`; employed by Contractor, and the amounts of such insurance shall be as follows : (1) Public Liability Insurance . In an amount not less than $1, 000, 000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500 , 000 on account of any one occurrence; (2) Property Damage Insurance . In an amount of not less than $500, 000 for damage to the property of each person on account of any one occurrence . (3) Comprehensive Automobile Liaj;�ility . Bodily injury liability coverage; of $500, 000 for each person in any one accident and $1, 000, 000 for injuries sustained by two or more persons in any one accident . Property damage liability of $500, 000 for each accident . (4) Worker ' s Compensation InsuranQ e . In the amounts required by law as set forth in Section 2 . 03 above . b. DEDUCTIBLES AND SELF-INSURED RETENTIONS : Any deductible or self-insured retention must be declared to, and approved by, the City . The City may required that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials , employees , agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses , and related investigation, claims administration and legal expenses . s 3 CONTRACT NO. 94015 C . PROOF OF INSURANCE . Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30 ) days ' prior notice of the cancellation of any policy during the effective period of this contract . The certificate or policy of liability insurance shall name City as an additional insured with the Contractor . 2 . 06 REMEDY FOR CONTRACTOR' S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process . Upon identification that an error was made on the contractor ' s part, the abatement officer shall present the documentation which explains the error to the contractor for reimbursement . The contractor shall provide reimbursement within 7 days of notification by the abatement officer for his portion of the abatement fee, plus the $2 County fee for billing . 3 . 00 OBLIGATIONS OF CITY 3 . 01 COOPERATION : City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor ' s duties under this agreement . 3 . 02 PLACE OF WORK: City agrees to furnish space for use by Contractor while performing the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein . Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services . 4 . 00 TERMINATION OF AGREEMENT 4 . 01 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 fourteen (14) days prior written notice to the other parties to this agreement . 4 . 02 TERMINATION OF OCCURRENCE OF STATED EVENTS : This agreement shall terminate 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 thirty (30) days as set forth in Section 4 . 01; 4 CONTRACT NO . 94015 (5) End of the contract to which Contractor ' s services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City . 4 . 03 TERMINATION BY ANY PARTY FOR jDEFAULT OF CONTRACTOR * Should any party default in the performance of this agreement or materially breach of 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. 4 . 04 TERMINATION: This Agreement shall terminate on July 19, 1994 unless extended as set forth in this Section . The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement . Any such extension shall be in writing and be an amendment to this Agreement . 5 . 00 SPECIAL PROVISIONS 6 . 00 MISCELLANEOUS 6 . 00 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 . 6 . 01 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 . 6 . 02 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 . 6 . 03 ATTORNEY FEES : In the event of any controversy, claim or dispute between the parties hereto;, ari irg �uL of or related 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 attorney fees . i CONTRACT NO. 94015 6 . 04 TIME FOR PERFORMANCE : Except as otherwise expressly provided for in this agreement , should the performance of any act required by this agreement to be performed by either party be prevented or delayed by • reason by any act of God, 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 and performance of the act during the period of delay will be excused; 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 . 6 . 05 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 mail., first- class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention : Fire Dept . B . Brett ' s Tractor Serv. 605 Third Street Contractor Paso Robles, CA 934675 6 . 06 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 . 6 . 07 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 . 6 l�?;�+p" CONTRACT NO. 94015 6 . 08 SEVERABILITY : Should any provision of this agreement be held by a court of competentjurisdiction or by a legislative or rulemaking 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 . 6 . 09 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 set 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. 6 . 10 TIME : Time is expressly declared to be of the essence of this agreement . 6 . 11 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 . 6 . 12 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel' review this agreement and that any rule of construction 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 reference only, and are not intended to be construed to define or limit the provisions to which they relate . 6 . 13 AMENDMENTS : Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement . Executed on at Atascadero, California . Attest : CITY OF ATASCADERO By: LEE PRICE ROBERT P . NIMMO City Clerk Mayor 7 CONTRACT NO. 94015 Approved as to form: Contractor : a By ARTHER R. MONTANDON BRETT BUTTERFIELD City Attorney Brett ' s Tractor Service Approved as to content : RUSS SCOTTEN Interim Finance Director g CONTRACT NO. 94015 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying noxious or dangerous weeds, or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, rubbish, refuse and other waste materials as required by weed abatement regulations . 9 0 07 3 CONTRACT NO. 94015 EXHIBIT B CONSIDERATION FOR SERVICES Bid No. 94-03, as follows : Mowing large parcels (one acre or more) by tractor with operator, shall be the rate of $28 . 00 per hour, $15 . 00 per half-hour, with the minimum time per job on any parcel or lot to be one-half hour . Hand work (Weed-eater) on small lots or lots not accessible with a tractor, the cost shall be $15 .00 per hour, $10 . 00 per half-hour, with the minimum time per job on any parcel or lot to be one-half hour . Hauling of debris from parcels to the landfill, the cost shall be $10 . 00 per hour, $9 . 00 per one-half hour . Contractor shall provide evidence of insurance as per City requirements . Contractor shall provide a camera and all the black and white film needed so as to take a picture of each lot he cleans before and after work is completed. The film shall be developed and submitted with the Contractor ' s bill for abatement work . Each picture shall be identified by parcel, date work completed, and operator . If the contractor cannot prove he did the work then he is to absorb the cost . Safety equipment to be provided as required by Atascadero City Fire Department . Each towing and/or crew vehicle shall have installed on board one 2A 1OBC fire extinguisher and two round-point shovels . Each tractor shall have installed on board one 2 1/2 gallon water extinguisher and one 2A 1OBC fire extinguisher . Contractor must obtain all licensing required to practice in the City of Atacadero and State of California. • 10 O000 A EXHIBIT C CONTRACT NO. 94015 TOOLS AND INSTRUMENTALITIES PROVIDED BY CITY 1) Map books 2) Work orders 3) Street marking 11 00001�1- REPORT TO CITY COUN+CIt. Meeting , Date: 5124/04, CITY OF ATASCADERO Agenda item.: -1 Through, Andy-Takata, City Manager From: Michael P. McCain, Fire Chief . b SU F*!GT. Weed abatement public hearing. EIS Ii Mi BRAT ,x Recommend action by motion, i.e., "I` move that the Fire C iiof or his authorized representatives are ordered to abate the nuisance, of 20oxiout or, dangerous weeds on the lots identified in Resolution No. 27-94.". As part of the weed abatement process, the Council is requires to hoAr. objections to the proposed removal of weeds, rub isle, and oth combustible material. This hearing allows any affected property. ow , r protest the proposed abatement of hazards on his propert . After hearing the objections, Council overrules or flow any: ob` " ►rr� This can be done by resolution of .motion. I recommend action, �' i.e., "d move we (allow -- overrule) .the abjection to the xoposed r of noxious or dangerous weeds on the lots identified." After disposing of the objections, or if no objections are made, the , a' Council orders the abatement of the nuisance. This also carp.be done.by motion ,or resolution. FISCAL 1 P CT Coats involved in administering this program, are recon red ,thr€arugh the, administrative fee charged to parcels abated by the City contractor. REPORT TO CITY COUNCIL CITY OF ATASCADER4 Agenda tem: C2 Through: Andy Takata, City Manager Meeting ate: 45/24/94 Fide N ber: GPA 93001 ZC 93006 From: Henry Engen, Community Development Director PX -r SUBJECT Consideration of General Plan and Zoning ordinance map amendments to change the density on Amapoa Avenue between Curba it and Portola from low density to high density multi-family res ential. RECOMMENDATIONt Plannipa CgMisgio„n Recommendation: 1 . Planning Commission recommends denial of General Plan Amendment 93001 and Zone Change 93406. to f Recommendation: 1 Resolution No. , 22-94 - Approve attached Resolution amending the Land Use Plan Map of the General Plan. 2 Ordinance No. 278 - Read by title only and approve on first reading amending the Zoning Map from RMF-10 to RMF-16. BACKORQUND On March 22, 1994, ` the City Council considered this matter (see attached minutes excerpts) , and on a _2 :2 vote no action was taken. Subsequently, on April 26, 1994, new Councilmember george Highland was seated and requested this matter be brought back for consideration by the full City Council. MAPPING ERROR HISTORY: The 1968 County Land Use Element designated the half-block in question for single family residential 1/4 - 1/2 a=re minimum lot size. Subsequently, draft plans by the County Planning Department in 1975 and 1978 retained the same land use designation. The 1980 plan adopted by the City designated the frontage f r High Density Multi-family Residential with the zoning being RMF- 6 . Critical to 00010"4 N the issue at hand, is that the City' s first General Plan leap was done in calor and was not reproducible. By 1985, it had- beconie extremely difficult to provide information on the land use; ' . designation, in that many individual changes to the plan had bees adopted As a result, a new 'City base map was commissioned- together with a new Land Use Plan Map and Zoning Map. This -eras . done -in 1985. Through e proof reading error, the half-bldg'k,-in question became Low Density Multi-family Residential. HoW+ever, there was no change in the zoning map and projects subsequenly, were processed under the RMF-16 zoning regulations. The General Plan Update Program-utilized. the new General Planse . map and propased no change, i.e. , showed the half-block area ,in question as low density multi-family. There the, .a referenta dap made of all the ,proposers changes on the plan, and this half= icac did; not stand out as, a change because of the error in the oriq,inal, mapping. When the Land Use Element was adopted in January';°1992, there was no information indicating that this area was bOing, ' changed. Subsequently,. in an essentially mechanical follow up rezoning action in March 1992, the zoning map on the property..Vas changed from RMF-16 to RMF--10 to be consistent with the General, Plan. Thereafter, Mr. Kurt Stone, and other property owns that had development interest on the few remaining vacant lets in the area, found that their property would not allow the density that had been. allowed elsewhere on the block. This led to the ,C ty council agreeing to staff's request to initiate a General flan. ,amendment to rectify the mapping; error. City Council has the option of continuing this matter to a; future; date. HEph Attachments: city Council Minutes Excerpts - 3/22/94 , Planning Commission Staff Report - 2/1,/94 Planning Commission Minutes Excerpts -- 2/1/94 Resolution No. 22-94 Ordinance No. 278 CITY COUNCIL MINUTE EXCERPTS - 3/22/94 Re: Ite #B-6 & B-7: 6. RES TION NO. 17-94 - Authorizing execution of agreement with Adele's -ring for Paloma Creek Park conces . n 7. RESOLUTION NO. -94 - Authorizin a execution of an agreement with Rodeo Style Caters for Ata. ta dero Lake Park Pavilion concession Councilman Luna indicated that he ha ulled t se items because he was hoping that staff would develop some other 'nd of process t chieve the maximum yield and encouraged a different type Request for Proposal (R . Councilwoman Borgeson agreed, adding that th is other criteria that can be used t etermine who is most responsive bidder sides who offers the highest percentage re M ON: By Councilman Luna, seconded by Councilman )Bewley approve Resolution Nos. 17-94 and 18-94; motion carried 3:1 or on). C. PUBLIC HEARINGS: 1. AMAPOA AVENUE - MULTI-FAMILY DENSITY A. Resolution No. 22-94 - Approving an amendment to the land use map of the Land Use Element on Amapoa Ave., between 'Curbaril Ave. and Portola Rd. (GPA 93-1 ; City of Atascadero) B. Ordinance No. 278 - AmendingMap 17 of the Official Zoning Maps by 9 rezoning certain real property on Amapoa Ave. from RMF-10 (low- density multi-family) to RMF-16 (high-density multi-family) (ZC 93-006; City of Atascadero (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Steve DeCamp provided the staff report and recommendations. He responded to Council questions regarding density standards, lots and lot size and a historical drafting error on Amapoa Avenue between Curbaril and Portola Avenues. Public Comments: Jim Edwards, Planning Commissioner speaking as a private citizen, objected to the Planning Commission's recommendation to down-zone Amapoa without due process. He urged the City Council to approve the staff recommendation and correct the drafting error. CC 03/22/94 Page 4 • a1�3��rp�f� Kurt Stone, 8485 Amapoa, explained that he had purchased his property based on information received from Planning Department staff about what he could build on it. He was told that the lot was zoned RMF-16 and with that information he sought the assistance of an architect and has, since that time, completed construction and civil engineering designs. He emphasized that if the zoning is changed to RMF-10, he will not be able to afford to continue with his plans to improve the property. Councilman Luna asked Mr. Stone if he had ever looked at the land use maps to see what the zoning was. The speaker indicated that he had not looked at a map, but had been told by staff that the property was zoned RMF-16. He added that his title report confirmed that. Councilman Luna inquired whether or not Mr. Stone had reviewed the land use maps adopted as part of the 1991 General Plan Update. Mr. Stone replied that he had not and reiterated that he was guided by City staff. Richard Teubner, 8377 Amapoa, spoke against the staff recommendation and argued that Amapoa Road is already heavily traveled. He commented that when he purchased his lot, he looked at the map and saw that it was low-density. He asked the City Council to keep it that way and not compound the error. Warren Miller, Amapoa property owner, commented in favor of the staff recommenda- tion and declared that property rights would be at stake if the Planning Commission's recommendation to down-zone the lots to RMF-10 were to be approved. He added that the conditions of the road are really not a factor for consideration. David Montanaro, Amapoa property owner, also spoke in support of the staff recommendation. He noted that his recently approved project for development will not be not affected, but added that the zone change will provide an incentive for the two remaining undeveloped parcels on Amapoa. ---End of Public Testimony--- Mayor Nimmo remarked that whenever property is rezoned it should be done with sufficient public notice and adequate public hearing. He stated that down-zoning by taking advantage of an inadvertent error constitutes the taking of property without due process. Councilwoman Borgeson argued that adequate notice and public hearing was provided during the General Plan Update process. Anyone, she added, that had development plans should have taken a look at what actions were before the City Council during that process. Councilman Luna observed that the Environmental Impact Report prepared for the Land Use Element was done with the property on Amapoa zoned low-density CC 03/22/94 Page 5 000�,�1�� [RMF-10]. He stated that he would not support re-zoning at a higher density for the benefit of a few people at the,expense of the rest of the neighborhood. Councilman Bewley stated That he believes the City is obligated to notify individual property owners when a zone change is going to take place. He indicated that he was in favor of changing the zoning back to the way it was before the drafting error [RMF- 16]. MOTION: By Councilman Bewley, seconded by Mayor Nimmo to read Ordinance No. 278 by title only and approve';on first reading to approve the Land Use Map [of the General Plan; motion failed 2:2 (Luna/Borgeson). No Action Taken. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson, to follow the Planning Commission's [recommendation] for denial of General Plan Amendment 93001 and Zone Change 93006. Discussion on the Motion: Mayor Nimmo reiterated his opinion that it would be irresponsible to codify an inadvertent error by rezoning as opposed to adequately noticed public hearings with due process. Councilman Luna pointed out that most of the property owners bought their propertyduring the General Plan Update process`(1989 through 1991 ). Mayor Nimmo argued that it makes no difference when property was purchased. Vote on the Motion: Motion failed 2:2 (Bewley/Nimmo). No Action Taken. REGULAR BUSINESS: 1 . C BARIL AVENUE BRIDGE - Consideration of CalTrans request for ity deter 'nation on disposition of existing Highway 41 Bridge Steve DeCamp pro 'dad the background and staff recommendato . Andy Takata mentioned that staff s disappointed with the County's decisi to dispose of the bridge and pointed out tha the City and County would bene ' from maintaining the bridge for purposes of emerg cy access and recreation ses. Council discussion followed. Councilman Luna suggested that the City oun i communicate with the County Board of Supervisors. Mayor Nimmo asserted t he will not vote for destruction of the bridge and proposed that the City con ct an i ependent evaluation of the bridge ar�d assess maintenance costs in a fort to deter * e whether or not the City could take responsibility for the bridg He also agreed that e Councilshould attempt to establish a sense of cooper ion with the County. CC 03/22/94 / Page 6 CITY OF ATASCADERO Item: B . 1 STAFF REPORT 2-01-94 FOR: Planning Commission Meeting Date: 1-18-94 BY: �� Steven L. DeCamp, City Planner File No: GPA 93-1 P` ZC 93-006 SUBJECT: Consideration of General Plan and Zoning Ordinance Map amendments to correct an historical drafting error on Amapoa Avenue between Curbaril and Portola Avenues . RECOMMENDATION: Staff recommends the Commission: 1 . Find the attached Negative Declaration to be adequate. 2 . Recommend that the City Council adopt the attached draft Resolution amending the Land Use Map of the General Plan. 3 . Recommend that the City Council adopt the attached draft Ordinance amending the Zoning Ordinance Map implementing the General Plan revision. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . General Plan Designation. . . . .Low Density Multi-Family 3 . Zoning District . . . . . . . . . . . . . .RMF-10 4 . Existing Use. . . . . . . . . . . . . . . . .Multiple Family & Vacant 5 . Environmental Status . . . . . . . . .Negative Declaration posted December 15, 1993 DISCUSSION: As a result of a map drafting error in 1985, the multiple family residential property on the south side of Amapoa Avenue was designated as "Low Density Multi-Family" rather than "High Density Multi-Family" . This error was carried over with the adoption of the General Plan Update in January of 1992 . The STAFF REPORT January 18, 1994 GPA 93-1 Page 2 error was not detected at that time because there was no intention of "changing" the General Plan designation of the neighborhood. Subsequent to the adoption of the General Plan Update, the Zoning Ordinance map was revised to insure consistent and appropriate implementation of the General Plan. The original error was, therefore, carried forward to the new Zoning Map and remains in place to this day. CONCLUSIONS: The purpose of this General Plan amendment and Zoning Ordinance revision is to restore the original General Plan and Zoning District designations to the affected property. These amendments will allow existing parcels to be developed and/or' redeveloped to the densities originally envisioned for the neighborhood. ATTACHMENTS : Attachment A - Negative Declaration Attachment B - Existing General Plan Map Attachment C - Existing Zoning Map Attachment D - Draft Resolution Attachment E - Draft Ordinance ATTACHMENT A CITY )F ATASCADERO =�A•� 7 ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION CC1�Lldt.-YI'IY DEVEWPMENP DEPT. • 6500 P.4LNA AVE. AT �DERO. CA 93422 (805) 461-5035 APPLICA►VT: G I i 7 o PROJECT TMZ: G, PA 93 -1 / -z-,--- 3 PROJECT LOCATION: A nl a P c A PROJECT DESCRIPTION: a J "fit 6T-14 • D E.L,si�y F=LYGS: L The project does not have the potential to degrade the environment 2. Tie project will not achieve short-tr-=to the disadvantage of long-ter= =--mronmental goals. 3. the project does not have impacts which are individually IfmAed. but comulatively considerable. 4. ILI=project will not cause substantial adverse -fec••s on human beings e=he"directly or indirectly. DETERIMMMON: v4 Based on the above ffndings. and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the ea7=nment Hoz.^y Engen Community Development Director Date Posted: / 'z / 5• `--3 Date Adopted: i C10 I 1•dw P-TACHMENT B CITY OF ATASCADERO GPA 93-1/zc 93-006 U,/u r I �� f) "" COMMUNITY DEVELOPMENT � Existing General Plan DEPARTMENT 4 T ' F V. 11 R 1 � � z /� Y {jI 0.t ...,t►�'%: 1 .. •Ai • :r.•.�ti':::: fzs4:'�.•.:.:3::: ire- ` :�.0 Aa . k 4 r - -TACHMENT C CITY OF ATASCADERO GPA 93-1/ZC 93-006 nrr uir � 1`7 COMMUNITY DEVELOPMENT DEPARTMENT Existing Zoning cl IT r \ l r ay (FR) o � � r RSF•'L\ � RS� ; ; \ i �A 7-7- p i PLANNING COMMISSION MINUTE EXCERPT - 2/ 1/94 CITY OF ATASCADERO PLANNING COMMISSION 2/1/94 ACTION MINUTES SUBJECT: B.1. GENERAL PLAN AMENDMENT 93001/ZONE CHANGE 93006: Consideration of General Plan and Zoning Ordinance Map amendments to correct an historical drafting error on Amapoa Avenue between 'Curbaril and Portola Avenues. (CONTINUED FROM THE PLANNING COMMISSION°p MEETING OF JANUARY 18, 1994). (Note: By request of staff, the order of hearing items was rearranged. This item was heard as Item 3.) STAFF RECOMMENDATION: (DeCamp) Staff recommends the Commission: 1 . Find the attached Negative Declaration to be adequate. 2. Recommend that the City Council adopt the attached draft Resolution amending the Land Use Map of the General Plan. 3. Recommend that the City Council adopt the attached draft Ordinance amending the Zoning Ordinance Map implementing the General Plan revision. TESTIMONY: Dorothy Smith, 8795 Morro Rd., testified in opposition to this proposed amendment. Glen Lynch, P.O. Box 159, Paso Robles, owner of two buildings`'on Amapoa, spoke in representation of eight families on that street, recommending denial of the adequacy of the Negative Declaration. He requested that the Commission ask the City Council to do something to improve Amapoa's road conditions before changing the density and expressed support for an assessment district as a possible means to accomplish this. Kurt Stone, 8485 Amapoa, testified in support of the proposed zone change. He noted that the road is passable to fire and ambulance, based on his experience as a City firefighter. • (Page 3 of 6) ACTION MINUTES - Planning Commission, 2/1/94 Item B-1, cont'd Dave Montanaro, co-owner of two parcels at the Curbaril Ave. end of Amapoa, testified that he and co-owner Warren Miller are in support of the proposed zone change. Dorothy Smith spoke again, noted that she moved to Atascadero in 1971 and reviewed the history of the rezones of the subject area. She expressed she is highly opposed to high-density multiple dwellings and cautioned that it is located in a dangerous flood plain. ACTION: To recommend that the City Council reject the proposed draft resolution and draft ordinance in hopes that something can be initiated on the road system in the subject area so that it will accommodate a higher density. Motion: Lochridge Second: Berger AYES: Wallace, Lochridge, Carden, Berger, Bonnema, Johnson NOES: None ABSENT: Edwards • (Page 4 of 6) RESOLUTION NO. 22-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT ON AMAPOA AVENUE BETWEEN CURBARIL AND PORTOLA AVENUE$ (GPA 93-1; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan Land Use Element, which was adopted in 1992 to guide the City' s general growth is in need of revision to correct a map drafting error; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on January 18, 1994; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan amendment corrects an historical map drafting error. 2 . The proposed General Plan amendment will not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate . THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 93-1, as follows : 1 . Amendment to the General Plan Land Use Map by adoption of the map as shown in the attached Exhibit A. • Resolution No. 22-94 Page 2 • On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote : AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: ROBERT P . NIMMO, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 00+.i091 � . � '� .,off . II► :.�• o � ,� � t ORDINANCE NO. 278 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY ON AMAPOA AVENUE FROM RMF-10 (LOW DENSITY MULTIPLE FAMILY) TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY) (ZC 93-006; City of Atascadero) WHEREAS, the proposed zoning map amendment IS consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 18, 1994 and has recommended approval of Zone Change 93-006 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : • Section 1 . Council Findings . 1 . The proposal is compatible with the surrounding land use and zoning. 2 . The proposal is consistent with the General Plan land use element and other elements contained in the General Plan. 3 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate . Section 2 . Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference . Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero . News, a newspaper of general circulation, printed, published, and ClO00V KI i Ordinance No. 278 Page 2 circulated in the City in accordance with Section ,;36933 of the Government Code; shall certify the adopting and pasting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into '.,:the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved,. by the following role call vote : AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, 'CA By: ROBERT P . NIMMO, Mayor ATTEST : LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0001094 ORDINANCE NO. EXHIBIT A Page 1 of Z i - tN <► o 'lx�G= i fel r M a i "RMF-16" = 'OEgol (RMF-10) k tu fewOt- c \l ST . 04 LJ KFM i New Zone-"ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged t REPORT TO CITYCOUNCIL CITY OF ATASCADERO Agenda Item: D-1(A) Through: Andy Takata, City Manager Muting mate: 05/24/94 File Number: GPCR 94-2 From: Henry Engen, community Development Director SUBJECT: Consideration of the Planning Commission's General Plan Conformity Report relative to acquiring the Printery/Masonic Temple building at 6351 Oleda. RECOMMENDATION: To receive the Commission's report which finds that the acquisition of the Printery/Masonic Temple building and propert is in conform- ance with the Atascadero General Plan. BACRC,ROUND On May 17, 1994, the Planning Commission consider d :the attached staff report, and on a 6:0 vote are advising that they find that the acquisition of this historic property would be consistent with the City's General Plan. Receipt of this report is a prerequisite for the City Council to consider its, acquisition. HE:ph Attachments: Planning Commission Staff Report - 5/17/94 c E0 009 CITY of ATASCADER() ����• �. STAFF REPORT FOR: Planning Commission Y. ' Steven L DeCamp, City Planner FILE' NO: GFG = x MAO: Cohside ation of a General Plan Conformity Report and Findioq�,. 'or . the acquisition of certain real property by the City. C T�C3�1: Staff recommends that the Commission ,find that the aoquisit�i' 31 Of the Printery/Masonic Temple Building and property is in conformances with the Atascadero General Plan MMLONN,-Am WOW 1 • A, pplicant. • • i ♦ i i i •City of A.taas adero 2. Representative. . i i i i3'ary Aman 3. Prject address. • • . . 6351 01meda Ave. 4 . General Plan Designation. i • i iDow town 5• Zoning District i . . • .Public N_CQRt3 ; The California Government Code, , in Section 6.5402• (a) provi pertinent 'part, ;as follows if s generarl plain or part thakeof has been adopted, nca reatl prapOrty shall,--be`scquirood by dicat.io ear othervise for stye et k uatre, or atter:purpose, and nes reel property shalt be disposed of, no st t shall' be vacated or deed, mind no public building or, structure shall be :constructed or,authorized, if the adopted generalplan or pArt thei r,eof applies thereto., until the location, purpose and extent of s ACqulsIt on or disposition,, such, street vacation or sb ti nt, ,o1r such ,public building or structure have been subzitted to and .reported upon by the, planning a€goncy.a.s to contormlty with said: pted general plan or part thereof. W97" STAFF REPORT May 17, 1994 GPCR 94-2 Page 2 ANALYSIS: The downtown area has long been considered the appropriate location for the development of a Community Center. The Land Use Element, Downtown Element, and Parks and Recreation Element of the City' s General Plan each identify the downtown area as being the most desirable location for such a use. Goal Number 3 of the Parks and Recreation Element' speaks to the need for the development of a community center: "To provide some specialized recreation opportunities in each quadrant of the city, including, but not limited to, swimming pools, multi-purpose sports complex, tennis courts, recreation center, play areas for children, equestrian trails, bike and jogging paths, and community center. " (pg 13) The preliminary parks plan of the Parks and Recreation Element was amended in July of 1993 (Resolution #76-93; GPA 92-004) to accurately reflect the appropriate location of a community center within the downtown area. In its discussion of the Civic Center, the Land Use Element states : "Future facilities for federal, state, county, and other local governmental agencies should be concentrated within or convenient to - the civic center. This may include cultural facilities such as museum exhibition galleries and civic auditorium. " (pg II-26) The Downtown Element of the General Plan designates an area for "Public Future Development . " The discussion of this area states that " . . .any future use should be ones which provide support for downtown businesses, better utilize the creekside 'park resource and enliven the downtown area on evenings and weekends . " This section of the element further suggests appropriate uses to include " . . . recreation areas, [and] community facilities . . . " The Printery Building is one of the four original civic center buildings constructed after the founding of the Colony by E .G. Lewis . As such, it is of particular interest as a home for civic activities because of its historical importance to the community. Clearly, this building, and its location, meet the standards . established by the various elements of the City' s :General Plan (j()0(V I STAFF REPORT May 17, 1994 GPCR 94-2 Page 3 for the establishment of a community center. The Printery Building, and the property it is located on, have been offered to the City by the Shareholders of the Masonic Temple . If the Planning Commission and the City Council find the acquisition of the building to be in conformance with the various elements of the General Plan, transfer of ownership can proceed. CONCLUSIONS: Acquisition of the Printery/Masonic Temple Building and property appears to be in conformance with the policies of the Land Use Downtown, and Parks and Recreation Elements of the General Plan. ATTACHMENTS : Exhibit A - Location Map Exhibit B - Downtown Element "Land Use Plan" i 9 19 W3 fh � ` • ml .... r . 1► ' � r 1111 Hill ► � _ •. CITY OF ATASCADERO EXHIBIT B F � n DOWNTOWN ELEMENT — COMMUNITY DEVELOPMENT "Land use Map" �Ro GPCR 94-002 DEPARTMENT Diagram 7 - - -� \ Land Use Plan � s \ LEGEND OlNEOA AVENUE �1 Ill District l I I 1 Pedestrian Commercial 2 Downtown Commercial Lt.'s AVENUE I�` —I I 3 Restaurant and - ` Entertainment 'YAIYA — AVENUE• d I1 \ 4 Public/Future Development 5 Public 6 Commercial X. -- C Overlay Zone — El CAMINO REAL Pedestrian Retail Us 6 Tourist Commercial Potential Community Center Locations 23 000101 MEETING DATE: 5/24/194 MEMORANDUM TO CITY .COUNCIL ITEM �- b FROM: Brady D. Cherry, Director,% Department of Community Services THROUGH: Andrew J. Takata, City Manager SUBJECT:: PROPOSAL- TO ACQUIRE THE ATASCADERO MASONIC TEMPLE AS A COMMUNITY/YOUTH CENTER / APPROVAL OF AGREEMENT TO CONVEY REAL PROPERTY AND JOINT OCCUPANCY AGREEMENT RFCQMENVATION. The Parks and Recreation Commission and City staff recommend to the City Council: 1. Acceptance of the Atascadero Temple Associate n's proposal to donate 99% of the building and 100% of bath lots (parcels 2 and 2) 2. Acceptance of Resolution 39-94,, authorizing the Agreement to Convey Real Property and the Joint Occupant Agreement. BACKGROUND On April 26, 1994, the Atascadero Temple Association presented a formal offer (attached) to the City to impart 99% ownership of the Masonic Building and. 100% of both lots to the city to be used as a community/youth center. It is noted that the Masons have previously obtained an appraisal for the Temple Building valued at approximatel $1.25 million dollars. The replacement value of the building is approximated at $2. 1 million dollars. The Masonic Temple (originally known as the "Printery") is one of the original Atascadero Colony public buildings still standing. The present structure consists of the original T-shaped building, built circa 1915 and two additions. Both addition are located at the north corner of the building. Given the significant historical value of the property, it would:, be highly desirable for the City to acquire the ` building for reasons of historical preservation alone. Further, there are often grant funds available for the preservation of historical uildings, which could be a potential funding source for capital improvements in the future, DISCUSSION: If the City Council accepts the above proposal to acquire- the Masonic Temple, the building can be used immediately for specific uses without major modification: There are two (2) existing tenants under lease in the building who could remain under City ownership. These leases generate a modest income of approximately $950.00 per month_ However, the building is an un-reinforced masonry structure that will require the City to perform a seismic retrofit to reinforce the structure. It is Staff's recommendation that the City and. the community make a firm commitment to perform the seismic retrofit of the structure prior to a predetermined date in the ;near future. It would be an unwise risk toconduct public youth programs and other activities in the building indefinitely without rehabilitating the structure to provide a reasonable degree of safety during an earthquake. The City will also be obligated to bring the building up to Americans with Disabilities Act (ADA) Standards eventually. There are no estimates at this time for the cost of these improvements. The Atascadero Recreation Center° Committee (.ARCC) has previously committed to raise as much as $500,000 to-"donate towards the community/youth center. The community-wide fund raising effort will add to the City's own revenues, which will be developed through center programming and rental operations. It is unknown when the ARCC Croup might reach their fund raising goals and when- the funds would become available. There has -been, strong community support for the development of a youth center in Atascadero. The perceived -need for more youth: activities, 'particularly for teens, is demonstrated by a dearth of organized programs offered within the community. This is particularly true of affordable alternatives for youth. It will be the goal of the Department of Community Services to operate -;end conduct: youth activities in the Masonic Building, if, it is acquired by the City, on a self-sustaining basis. Current budgetary, information; is attached for City Council review. Therefore, the level of programming for youth will: be reliant upon partnerships with other agencies,; volunteer efforts, grant funding,, and revenue 'prod ucing programming that can help support the ongoing maintenance and- operations. Although activities for youth would be the principal focus of the youth center`, programs for other age groups .will be necessary to make the operations economically feasible. This issue has been addressed in the Agreement to Convey Real Property. The terms and conditions of the agreements have been reviewed by the City Manager, Department of Community Services' staff, :and representatives of the Masonic Temple Association, and are mutually acceptable. . 1 Many concerns regarding the joint use of the facility will be handled administratively between the City and the Masons. A set of procedural guidelines will be developed to addressspecific issues (such as the use of alcohol, for example) to clarify operating policies. In summary, although the Masonic Temple building will require a significant investment over time to rehabilitate the facility, the City Council may wish to acquire the building due to its considerable historical value, program potential, and location of the property. As the City is currently unable to afford to rehabilitate the building and operate it as a _ community center with the type of public programs that we would like to offer at this time, there is the option of gradually developing programs and operations as funding becomes available in the future. BC:kv a:cc4 • RESOLUTION NUMBER 39-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AGREEMENTS WITH ATASCADERO TEMPLE ASSOCIATION FOR ACQUIRING THE ATASCADERO MASONIC TEMPLE AS A COMMUNITY/YOUTH CENTER The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute a Conveyance of Real Property Agreement and Joint Occupancy Agreement with the Atascadero Temple Association for the conveyance of 99 percent of the Atascadero Masonic Temple building and 100 percent of both lots to the City of Atascadero located at 6351 Olmeda Avenue, Atascadero, California. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 24th day of May, 1994 . ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney a: reso. 39 . ` V ATASCADERO TEMPLE ASSOCIATION 6351 Olmeda Ave. * Atascadero, Calif. 93422 April 26, 1994 Mr. Andy Takata, City Manager City of Atascadero 6005 Palma Avenue Atascadero, CA 93422 Dear Mr. Takata : On Monday, April 25, 1994, the Shareholders of the Masonic Temple met at a special meeting to vote on a resolution which would give the Temple Board approval to offer to the City 990 ownership of the structure and 1000 ownership of both lots . As expected, the vote was favorable and this letter can be considered as our formal offer to the City . The attached Joint Occupancy Agreement and Agreement to Convey Real Property documents we hope will be acceptable to Council . • As you are aware, the Temple Board has worked many houxs at considerable expense since November, 1992 to bring the reality of ayouth center to the community. The many members of the Masonic Temple and Order of the Eastern Star are very proud to be in a position to help the youth of our City. We look forward to a timely response to our offer, and we hope you contact either myself at 466-5195 or Mike McCain at 466-9880 . Respectfully, Mary Aman Temple Board President Atascadero Temple Association P O Box 715 Atascadero, CA 93422 MEMORANDUM 0 Date: May 18, 1994 To: Brady Cherry, Director of Community Services From: Geoff English, Recreation Supervisor Subject: Use of Mason's Temple As per your request, I have prepared below, a revised version of the anticipated operating costs for the operating costs of the Masons Temple on an "as is" basis. Please note that I did not address the potential costs of providing programs or completing renovations. I am basing the anticipated costs on the assumption that the facility will be used in it's current condition and program level until funding becomes available for the necessary renovations or additional programming. The estimates below are derived from the Masons' Annual Financial Statement for 1993 ( a copy of which is attached ), and from estimates for maintenance costs provided by Bill White, Parks Maintenance Supervisor. Anticipated Expenditures $ 14,400.00 Part Time Staff $ 900.00 . Rental Attendant for weekend special events 1 Rental Attendant x$6.00/ hr x 12 hrs x 12 events = $ 900.00 Contract Services: $ 6,000.00 Custodial services Indoor maintenance- $400.00/mo. x 12 mo. = $ 4,800.00 Exterior maintenance- $100.00/mo. x 12mo.=$ 1,200.00 Utilities: $ 4,500.00 Electricity $200.00/mo. x 12 mo. = $ 2,400.00 Gas $100.00/mo. x 12 mo. = $ 1,200.00 Water $ 50.00/mo. x 12mo. _ $ 600.00 Telephone $ 25.00/mo. x 12 mo. _ $ 300.00 Supplies $ 3,000.00 Maintenance/ Repair Supplies: $ 1, 500.00/ yr. Janitorial Supplies: $ 1,000.00/ yr. Anticipated Revenue $ (17,400.00) Multi-purpose Room Rentals: $ 6,000.00 ( 12 rentals per year x$ 500.00 = $ 6,000.00 ) i (w4)1 Long Term Rentals Kenyu Kan Karate- $ 450.00/mo. x 12 mo. = $ 5,400.00 • Getty Photography- $ 500.00/mo. x 12 mo. = $ 6,000.00 Net Revenue $ 3,000.0.00 cc: Mike McCain, Fire Chief • ool")10` Annual Financial Statement 1993 • Balance December 31, 1992 $1,714.66 INCOME: KenYu Karate $ 5,420.00 Getty Photo 6,000.00 Atascadero Masonic Lodge 1,800.00 Atascadero Chapter O.E.S. 1,800.00 Emblem Club 100.00 Atascadero Elks - 250.00 Sigma Phi Epsilon 125.00 Atascadero Firefighters 300.00 S.L.O. Skiers 300.00 Willis Wedding reception 325.00 Jones Wedding reception 175.00 McCain wedding reception 70.00 Miscellaneous income 240.00 Checking account interest 85.45 Total income $16,990.45 EXPENSES: Utilities - P. G. & E. $ 2,053,71 Gas Co. 952,51 Pacific Bell 206.41 A.T. & T. 117.76 • Atascadero Water Co. 647.45 Wil-Mar Disposal 251.40 Sub Total $ 4,229.24 S .L.O. County Property Tax 1,831.83 Morris & Garratano Ins. 3,500.00 North County Fire Protect. 37.61 (check & charge) Stephen Sefton Attorney Fee 587.93 Homestead Title(reconveyance 0.00 Sub Total 6,027.37 Repairs and Maintainance - Central Coast Business Machine 65.00 Darrels Lock & Key 33.23 Dirt Man 80.44 Bob Smith Plumbing 138.28 3 M Electric 40.00 Granite Roofing 750.00 Larry Lorden (yard) 20.00 Brian Mora (yard) 50.00 M.McCain (yard) (Mora) _107.00 Debi Lorden (clean apt. ) 200.00 _ Sub Total 1,48395 Supplies - Post Office 95.55 • Western Office Products 48.21 Paper Works 16.90 Smart & Final 11.51 �l(1(+ 0! Ge 2 Financial Statement Supplies - continued Coast to Coast 102.77 Food 4 Less 75.56 Longs 25.33 Chalk Mt. 10.71 Mary Aman 30.24 Debi Lorden 15.00 Carol Tucker 169.90 Mike McCain 41.74 Charles Lafitte 176.95 Bob West 30.07 Sub Total $ 850.44 Refunds - Shirley Willis 125.00 Masonic Lodge 100.00 KenYu Karate 20.00 Sub Total 245.00 TOTAL EX PENS ES $12,836.00 Balance in Checking Account as of December 31, 1993 $ 5,869.11 �nce in Savings PassBook account as of December 31, 1993/0 3Y6, 1�L TOTAL ASSETS AS OF DECEMBER 31, 1993 $ �S� ATASCADERO RECREATION CENTER COMMITTEE • 8 100 Balboa Rd. Atascadero, CA 93422 September W. 1993 Andy Takata, City Manager City of Atascadero Dear Mr.Takata: The purpose of the Atascadero Recreation Center Committee(ARCC)is to develop a recreation center for the use of the citizens of Atascadero and to assist the City of Atascadero with funding and program development to assure the availability of the center for young people. ARCC shall provide funds and advice to assist the City of Atascadero with the developnflent of the necessary building(s) and recreation programs to offer the youth of Atascadero a positive peer environment. Accordingly,the ARCC Board of Directors has instructed me to confirm to you ARCC's commitment to help the City raise as much as $500,000 through donations, grants and fund raising events to fund the development of a recreation center in the Masoni4 Temple. At this point it appears that a large share of this money will need to come from grants, and our experience tells us that, while some grants are available to municipalities and others to non- profit organizations like ARCC many institutions encourage or even require cooperative ventures and/or matching funds. With this in mind our Board passed the following motion: Pursuant to our mission statement. if the City of Atascadero enters into an agreement with the Atascadero,Wasonic Temple Association to acquire ownership of the Masonic Temple, the Atascadero Recreation Center Committee will commit to raising the necessary fiends for the renovations required to create a recreation center for the youth of Atascadero. Very truly yours, Jack Heninger, President REPORT TO CITY COUNCIL Meeting Date: 05/24/94 CITY OF ATASCADERO Agenda Item : #D-1(b) is Through: Andy Takata, City Manager From: Arther R. Montandon, City Attorney SUBJECT: Masonic Temple Acquisition RECOMMENDATION: Review this memorandum and the attached Agreement to Convey Real Property and the Joint Occupancy Agreement. If it is determined that the acquisition of this real property is in the best interest of the City, adopt the resolution authorizing execution of the agreements. BACKGROUND: Many months ago, I met and commenced discussions with representatives of the Atascadero Temple Association, Inc. (hereinafter "Association") regarding their desire to convey all or part of the Masonic Temple to the City of Atascadero. This discussion, and many others with these representatives and the Associations' attorney, have resulted in the two agreements presented for your consideration. DISCUSSION: The general intent of both agreements is to convey the real property to the City for youth recreation while reserving continued use of the portion of the building currently used by the Association. The Association is a non-profit corporation consisting of members from the Free and Accepted Masons and the Order of Eastern Star. The Association wanted to insure that their members would continue to have a meeting place, not only after conveying this property to the City, but also if the City required them to leave, by condemnation or if the building became unoccupiable. The first agreement, the Agreement to Convey Real Property, conveys ninety - nine percent (99%) of the property to the City as long as it is used primarily for youth recreation purposes. If the City does not use this building as such, the Association may terminate this agreement and re-acquire the property. The Association will continue to own one percent (1 %) of the property and have the exclusive use of the space they currently use for Association activities. The Association may also use other areas of the property without charge on a reservation basis subject to the terms of the second agreement, the Joint Occupancy Agreement. The City would be responsible for utilities, repairs and maintenance. a. Report to Council Meeting Date: 5/24/94 . Page 2 Agenda Item #D-1 (b) The shared ownership (99% and 1 %) was determined to be the most appro- priate way to maintain the degree of control requested by the (Association and still allow the City to obtain title insurance. The remaining terms are standard with the exception that the City is to pay all escrow and recording fees in addition to the title report and insurance. The second agreement, the Joint Occupancy Agreement,'. sets forth how the property is to be used by the Association and the City. The Association is allowed exclusive use of the Lodge Room, and certain storage areas shown on "Exhibit B". In addition, the Association may use the dining and kitchen areas, without charge, if not reserved by another party three hundred sixty (360) days prior to the intended use and if not already reserved by another party at the time the Association makes the request. Also, the Association may use any other facility on the property if not reserved by others thirty (30) days prior to their use. Any use by the Association must not be illegal, destructive or interfere with other uses. The City must repair and maintain the entire building except for any damage or deterioration caused by Association activities. This repair would include any earthquake retrofit if required by State Law to be performed by the City for its public . buildings. If the building becomes unoccupiable for sixty (60) days, the City must provide other facilities for the Association to use. If the City takes, by eminent domain or partition, the 1 % interest and use of the structure from the Association, or if the structure becomes uninhabitable for five (5) years, the City is required to acquire a new structure and property to convey to the Association. Said structure and property are to have the same space and amenities, including a kitchen and dining area, as the current exclusive use area. Once this is conveyed to the Association, the City would own the Masonic Temple property free and clear. The remaining terms are standard in form and content. 0(t0 . �� AGREEMENT TO CONVEY REAL PROPERTY SUBJECT TO CONDITIONS SUBSEQUENT AND RESERVATION OF RIGHTS This agreement is made and entered into on the day of , 1994, between the ATASCADERO TEMPLE ASSOCIATION, INC., a California non-profit corporation, (herein the "Temple"), and the CITY OF ATASCADERO, (herein the "City"), who agree as follows: RECITALS A. The Temple is a non-profit organization which owns certain real property described in Exhibit "A" (herein the "Real Property"), for the principal purpose of maintaining it for fraternal, civic or social use, the present primary beneficiaries of which are the Atascadero Lodge No. 493 of the Free and Accepted Masons of the • State of California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of California ("Eastern Star"); and B. The City is presently seeking facilities for the expansion of its youth recreational programs; and C. The Temple desires to convey to the City and the City is agreeable to a conveyance of a fractional interest in the Real Property, reserving to the Temple certain rights and establishing certain use restrictions, including, but not limited, the preservation of the historical nature of the Real Property and the establishment of youth and related recreational activities on and within the Real Property; and 1 00 NOW THEREFORE, IT IS FURTHER AGREED: Section 1. CONDITIONS SUBSEQUENT. The Temple shall grant to the City ninety-nine percent fee simple interest to the Real Property, subject to the reservations set forth in Section 2, upon the following specific conditions: (a). The building located on the Real Property (herein "Youth Center") shall be designated and identified on the structure as the "Masonic Temple"; however nothing herein shall preclude or otherwise prevent the City from further identifying or designating the Youth Center as the "City of Atascadero Youth Center". (b). Except as set forth in Section 2, the Real Property shall only be used by the City or by any persons authorized by the City, for recreational purposes directed toward benefiting persons under the age of 18 years; however, incidental or occasional recreational, social or fund raising uses by persons of all ages who are the City's guests, invitees or contractual users of the Youth Center not exceeding a continuous use in excess of 24 hours shall not be considered',' as a breach of this condition; and (c). The general exterior and interior historical characteristics of the Real Property shall be maintained at all times by the City. If the Real Property is not used in the manner as set forth above or if the City fails in its obligation under sub-paragraph (c), then the Temple or its successors and assigns, without paying any compensation for the Real Property or for any buildings or other improvements located upon or which are a part of the Real Property, and without making any compensation or incurring any liability for damages or losses of any kind, shall have the power to terminate all right, title and interest in the Real 2 Property granted by the Temple to the City or its successors and assigns, in the is manner provided b law for the exercise of this power of termination. Immediately p Y on such a termination, the City or its successors and assigns shall forfeit all rights or title to the Real Property and the title to the Real Property conveyed to the City shall revert to the Temple or its successors and assigns as fee simple absolute. Section 2. RESERVATIONS. The Temple, for itself and for its beneficiary, (the Masons and the Eastern Star), reserves from the grant to the City the exclusive use of the "Lodge Room" and the existing storage rooms on the second floor of the Youth Center, without charge or offset, including, but not Limited to, maintenance and repair and the cost of utilities, exclusive of telephone service ("exclusive use area"); subject, however, to reasonable rules established by the City applicable to the health and safety of the occupants of the Youth Center. In addition, the Temple and its beneficiaries shall have the first right of use, without charge or offset, of the dining and kitchen areas in the Youth Center, subject to availability based upon written committed uses to such facilities by the City made prior to written notice by the Temple of its intent to use the facilities. Notwithstanding the above to the contrary, nothing herein shall prevent the Temple and the City from establishing from time to time mutually acceptable guidelines for reserving the use of the Youth Center in those areas other than the exclusive use area of the Temple as referenced above. The additional specific terms of the agreement between the City and the Temple concerning their joint occupancy of the Youth Center is set forth in a "Joint Occupancy Agreement," executed concurrently herewith by the parties and which 3 . 000 1,1 provides for, among other things, insurance, indemnifications, and the City's duty to provide to the Temple an alternative meeting place in the event that repairs and maintenance to the Real Property require an alternative meeting'place by the Temple. The terms "Lodge Room", "kitchen" and "storage" are defined with specificity in the "Occupancy Agreement", which definitions and the Occupancy Agreement are incorporated herein by reference. For the purposes of this Section 2, it is agreed that any use and occupancy reserved by the Temple shall not only be for the benefit of the Temple but also for the derivative benefit of the Masons and the Eastern Star, or their affiliated groups; the organizations for which the corporate existence of the Temple';applies. Section 3. CONDITIONS TO PERFORMANCE. 3.1 The City's obligations to perform its undertakings provided in this Agreement is conditioned on the fulfillment of each of the following: 3.1(a) The City's review and approval of a current preliminary title report to be furnished by the Temple within fifteen (15) days of the date hereof. The City shall have ten (10) days after receipt of said report in which to review it and to make any objections to title exceptions known to the Temple. If the Temple refuses to remove any objectionable exception or exceptions, the City may elect to waive its objections as to any exception or exceptions and proceed with the acquisition of the Real Property, or in the alternative, the City may terminate its obligation hereunder. The City's failure to notify the Temple in writing of any objectionable exception or exceptions i4 3 contained in the preliminary title report within said ten 0 0) day period shall be deemed a conclusive presumption that the City has no objection as to any exception or exceptions. 3.1(b) For the purpose of, among others, satisfying the City's due diligence as required to support the covenants as set forth in Section 6 of this Agreement, the City may, at any time and from time to time until the close of escrow, enter the Real Property for purposes of inspection, survey, tests, design of improvements, and other actions reasonably related to the investigation by the City of the suitability of the Real Property. The City will indemnify, defend, and hold harmless the Temple from any loss, damage, claim, cost, lien, action, liability, or judgment (including, without limitation, the Temple's attorney fees and defense costs) (i) incurred for, from, or by any person or entity acting on , in behalf of at the request of, or for the • purpose of the actions of the City under this section; or (ii) for personal injury, property damage, or other loss or damage of any kind arising from, resulting from, or in any way related to such entry. The City may make minor changes in the real property in the course of any investigation permitted under this paragraph (e.g., soils borings), provided that the change or damage is only temporary, that it is reasonably necessary to the investigation of the physical characteristics of Real Property, and that the City repairs such damage and restores the Real Property to its original condition promptly on completion of the investigation. 5 0l_0 The obligation under this section. shall survive the termination of this • agreement or the close of escrow. On the termination of the agreement for any reason, the City shall immediately restore the property to its physical condition as of the date of this agreement, at the City's sole cost. By giving written notice to the Temple, the City shall have the right, at any time prior to the close of escrow, to terminate this ,,Agreement and the escrow for any reason related to the Real Property discovered by the City's investigation under this section. 3.1(c) The City's review and approval of any and all leases or occupancy agreements affecting the Real Property within fifteen (15) days from the date such leases and agreements are delivered by the Temple to the City. At or before the close of escrow, the Temple shall deposit into escrow an executed assignment of the leases or occupancy agreements on a form to be prepared by the City, together with an estoppel certificate executed by each tenant nor more than fifteen (15) days before closing, in the form attached as Exhibit "B". The Temple warrants and represents that at this time and as of the closing no other leases of the property are or will be in force; no one else has a right of possession; no rent concessions were given; no other agreements were made with the tenants; and neither the Temple nor any tenant is in default under any lease. 3.1(d) The review and approval of this Agreement and the "Occupancy Agreement" by the City Council for the City in accordance with 6 0�i ..`� i law, prior to the close of escrow. 3.2 The Temple's obligations to perform its undertakings provided in this Agreement is conditioned upon fulfillment of each of the following: 3.2(a) The Review and approval of this Agreement and the "Occupancy Agreement" by the Grande Lodge, Free and Accepted Masons of the State of California, prior to the close of escrow. 3.2(b) The review and approval of this Agreement and the "Occupancy Agreement" by the Grand Chapter of California, Order of Eastern Star. 3.2(c) A letter of opinion by a Certified Public Accountant and/or legal counsel selected at the discretion of the Temple substantiating that the conveyance of the Real Property to the City and the performance of the terms of the Occupancy Agreement will not constitute a taxable event for any tax P Y 9 purposes or otherwise affect the Temple's status under any governmental code, statute, ordinance or rule as a non-profit Corporation. 3.2(d) The approval of this Agreement and the "Occupancy Agreement" by the members of the Temple pursuant to its .Bylaws and in accordance with the California Corporations Code, prior to close of escrow. 3.3 Each party's obligation to perform its undertakings provided in this agreement is conditioned upon the issuance of a title insurance policy in a form acceptable to each respective party insuring the respective interests of the parties in the Real Property as set forth in this agreement. 7 F� ii>1 "0 3.4 In the event that the City or the*Temple terminate its obligations under this • Agreement ment in accordance with this Section, then neither party skull have any further g obligations or liabilities under this Agreement (a party's indemnity obligations excepted). In the event of such termination, all escrow and title charges shall be divided equally between the City and the Temple and all documents delivered to escrow holder shall be returned to the depositing party. If escrow closes then the conditions set forth in this Section 3 shall be deemed satisfied.' Section 4. ESCROW. The Temple shall open an escrow ("escrow") by depositing this Agreement, and a duplicate original of this Agreement ("opening of escrow"), at First American Title Company, 6905 EI Camino Real, Atascadero, California, who is authorized and instructed to receive and deliver pursuant to the terms and conditions of this Agreement, the instruments, documents, items and • monies to be deposited into escrow as herein provided. The Temple and the City shall o p execute escrow instructions, if further instructions are required by the escrow holder, not inconsistent with this Agreement, including such provisions as escrow holder deems necessary for its protection, no later than thirty (30) days from escrow opening. If any provision of any such escrow instructions is linconsistent with or contradicts this Agreement in any respect,this Agreement shall pre-empt such escrow instructions as between the parties hereto and shall control and;be deemed to be the Agreement of and between the parties unless this Agreement is specifically amended in writing. • 8 4.1 CLOSING COSTS AND FEES. Cost of escrow for the conveyance of the is Real Property shall be paid by the City and shall include, but shall not be limited to, escrow fees, recording fees, and documentary tax fees. 4.2 CLOSE OF ESCROW. Escrow shall close on or before thirty (30) days from its opening. 4.3 PRORATIONS. Property taxes, bonds, utilities, insurance, contracts and rents, if any, shall be prorated as of the date of recordation of the deed. Any security deposits held by the Temple shall be delivered to the City outside escrow. The amount of any bonds or assessment which are a lien payable with the real property taxes, and which is not yet all due and payable, and as otherwise prorated pursuant to this Agreement, shall be assumed by the City. 4.4 TITLE. The Temple shall convey ninety-nine percent fee simple title to the City by a Grant Deed containing the conditions set forth in Section 1 and the reservations set forth in Section 2. The exact form of the deed shall be prepared by legal counsel for both the City and the Temple, however, the final deed shall be in a form as prescribed by the title insurer. On close of escrow, title shall vest in the City of Atascadero, a municipal corporation, subject to the conditions and reservations in favor of the Temple, as set forth in Sections 1 and 2, and the conditions of title as reflected in the preliminary title report approved by the City in accordance with Section 3.1(a). 4.5 TITLE POLICY. The Temple shall furnish to the City a California Land Title Association Joint Protection Policy, the cost of which shall be paid by the City, 9 showing title vested in the City jointly with the Temple, subject only to liens, • which appeared in the easements, restrictions, rights and conditions of record � pp Preliminary Title Report approved by the City in accordance with Section 3.1 (a) and the conditions and reservations set forth in Sections 1 and 2. 4.6 CANCELLATION. The Temple and the City shall equally pay the costs of escrow cancellation if the aforementioned escrow is cancelled in accordance with Section 3. 4.7 POSSESSION. Except for the limited purpose as set ,forth in Section 3.1, the joint possession to the Real Property by the City and the Temple shall commence upon the close of escrow, subject to the conditions and reservations set forth in Sections 1 and 2. Upon commencement of the joint occupancy of the Real Property by the City and the Temple, the Real Property shall be in the same condition, reasonable wear and tear excepted, as on the date of this Agreement. Section 5. STATUTORY DISCLOSURES. 5.1 SPECIAL STUDIES ZONE DISCLOSURE. The Real Property may be located in a special studies zone. A special studies zone is essentiallyan earthquake fault zone. These zones are subject to the Alquist-Priolo Special Studies Zone Act, which is set forth in Californian Public Resources Code Sections 2621-21630. Under the Act, certain projects (such as subdivision of land pursuant to the Sulo division Map Act or the construction of some structures intended for human occupancy) with special studies zones must be approved by the appropriate city or county, in accordance with special policies and criteria. This approval process may require''the preparation of a geologic report. 10 5.2 SEISMIC HAZARD ZONE DISCLOSURE. The Property may be located in hazard zone is essential) a seismic hazard zone. A seismicY an area subject to strong ground shaking, liquefaction, landslides, or other ground failure during an earthquake. These zones are subject to the Seismic Hazards Mapping Act, which is set forth in California Public Resources Code Sections 2690-2699.6. Under the Act, certain projects (such as the subdivision of land pursuant to the Subdivision Map Act or the construction of some structures intended for human occupancy)within seismic hazard zones must be approved by the appropriate city or county, in accordance with special policies and criteria. This approval process may require the preparation of a geologic report. Section 6. DISCLAIMER. Except as otherwise provided in this Agreement, the Temple makes no representations or warranties as to the physical condition of the Real Property or in connection with any matter relating to its condition, value, fitness, P Y use, zoning or environmental affects which the City has relied upon, either directly or indirectly. Further, except as otherwise provided in this Agreement, the Temple makes no representation or warranty as to any operative or proposed governmental laws or regulations (including but not limited to earthquake retrofit, zoning, environmental and land use) to which the Real Property is or may be subject. The City acknowledges that the purchase of its interest in the Real Property will be on the basis of the City's own investigation of (i) the physical condition of the Real Property, including the subsurface conditions thereof and (ii)the operative or proposed governmental laws and regulations affecting or applicable to the Real Property, 11 including, but not limited to, earthquake retrofit, zoning, environmental and land use. Except for matters arisingfrom or attributable to a material finding known to the Temple and not disclosed to the City, the City will acquire the:Real Property in and "AS IS" condition. The City assumes the risk that adverse physical conditions or the applicability and effect of such governmental laws and regulations may not have been revealed by the City's investigation. As used herein, "material" shall mean all substantive findings that would influence or tend to influence the City's decision to acquire the Real Property. The Temple's obligation to disclose matters "known to the Temple" or words of the like import shall be deemed breached only if the Temple, as of the date of this Agreement, had actual knowledge (as opposed to constructive knowledge) of such material findings not disclosed to the City'. In this regard, the Temple represents: ( ) pa The Temple has no actual knowledge of any material, physical or mechanical defects affecting the Real Property. (b) The Temple has no actual knowledge that the Real Property or the operation thereof, violates any laws, regulations or building codes, including, but not limited to, building permit requirements. (c) The Temple has no actual knowledge of any approvals required by any individual necessary to make use of the Real Property or in order to insure adequate vehicular and pedestrian ingress and egress to the Real Property. (d) The Temple has no actual knowledge of any outstanding contracts i12 for any improvements to the Real Property which have not been fully paid or which would support a mechanics lien against the Real Property. Section 7. WARRANTIES. Each party, the Temple and the City, warrant and represent to the other: (a) All documents delivered pursuant to this Agreement are and will be true and correct copies of originals and represent truly the factual matters stated therein. (b) This Agreement and all documents or instruments delivered pursuant to this Agreement, now, or at or after the closing of escrow, have been or will be duly authorized, executed and delivered and are legal, valid and binding obligations, enforceable in accordance with their respective terms and do not violate any provisions of any law or which a art is subject or bound. agreements to party 1 Section 8. ASSIGNMENT. The benefits and obligations of this Agreement may not be assigned by either the Temple or the City without the prior written consent of the other. Section 9. ATTORNEY'S FEES. In the event either the Temple or the City commences an action against the other to enforce any of the provisions of this Agreement, or in the event the City or the Temple is involved in litigation by reason of any act of the other relative to this Agreement, or the Real Property, the prevailing party shall be entitled to receive from the other party reasonable attorney's fees, costs and expenses incurred in connection with any such action or litigation. 13 . ki Section 10. MUTUAL OBLIGATIONS. Performance of any obligation imposed on either the City or the Temple under this Agreement is conditioned on the other P 9 party's full performance of all obligations imposed on such other party under this Agreement. Section 11. NOTICES. All notices and demands shall be delivered in writing, either personally or by registered or certified mail, postage prepaid, return receipt requested. All notices and demands shall be considered given when mailed and shall be addressed as follows, provided that if either the City or the Temple gives notice of a change of address, then notice and demands to the party giving such notice shall thereafter be given as requested in such notice: The Temple: ATASCADERO TEMPLE ASSOCIATION Attn: Board President 6351 Olmeda Avenue Atascadero, CA 93422 The City: CITY OF ATASCADERO Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 Section 12. TIME OF THE ESSENCE. Time and strict punctual performance is of the essence of this Agreement and each of it provisions. Section 13. DUTY TO IMPLEMENT THIS AGREEMENT. The Temple and the City shall execute all instruments and documents and perform all acts which may be reasonably required to accomplish the purpose of this Agreement. Section 14. SURVIVAL OF WARRANTIES. All agreements, covenants, and warranties made by either party to this Agreement shall survive the termination of this 14 Agreement, or in the event escrow closes, the execution of any deeds and the close is of escrow on this matter. . Section 15. AMENDMENTS. Any modification or amendment of this Agreement, the exhibits to this Agreement, or the other documents delivered pursuant thereto shall be in writing and executed by all parties to the document being amended. Section 16. COMMISSIONS. Neither the City or the Temple shall be responsible for any brokerage or finder's fee incurred by the other as a result of the execution of this agreement. Each party agrees to indemnify and hold harmless the other against any loss or damage, including attorney's fees, incurred as a result of a claim for brokerage or finder's fees due to the acts of the indemnifying party. Section 17. EXHIBITS. All exhibits and schedules attached hereto are incorporated where referenced herein as though set forth in full. Section 18. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which shall be deemed an original agreement when viewed together. Section 19. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8, this Agreement, shall inure to the benefit of and shall be binding upon the parties hereto, and their respective heirs, executors, successors and assigns. Section 20. GENDER. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. 15 0 Section 21 . HEADINGS. The paragraph headings in this Agreement are for only and shall have no effect upon the interpretation of this Agreement convenience o y p P or any part thereof. Section 22. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent modification signed by the party to be charged. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. The Temple: The City: THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF ATASCADERO, . a Municipal Corporation By: By: Its President Its Mayor By: By: Its Secretary Its df\b:(agtsl ATASTEMP.AGT May 19, 1994 16 EXHIBIT "A" LEGAL DESCRIPTION PAR_ CEL 1 IN THE COUNT` OF THAT PORTION OF LOT 12-A OF ADMINISTRATION 2 Nero AMENDMENT "D" SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDII IN BOOK 4 OF MAPS, TO MAP OF ATASCADERECOF SRDDDAPRRIL15 , 1918 ED AS FOLLOWS : AT PAGE 67-A, RECORDS SAID BEGINNING AT THE MOST OINTOF INTE _SECTION OOFFTHEICENTERD LOTILINESLIF OF POINT BEING FEWEST MALL; 'THENCE ALONG THE SOUTHEASTERLY NORTH MALL AND WHICH IS THE CENTER LINE OF WEST MALL, SAID LOT 12-A, 37 FEET; THENCE AT RIGHT ANGLES NORTH 28°37' 00" EAST 169 . THENCE AT RIGHT ANGLES NORTH 61°23 ' 00" WEST 266 . 48 FEET; ON THE SOUTHWESTERLY SOUTH 28°37' 00" WEST 169 . 37 FEET TO A POINT L; THENCE LINE. OF SAID LOT 12-A, AND 'THE CENTER LINE OF NORTH MAL" ' SOUTHWESTERLY LINE OF SAID LO !2-A, AT RIGHT AN , ALONG THE SOUTHWE SOUTH -10` WHICH IS THE CENTER LINE OF NORTH MALL, 266 . 48 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL WATER IN, UNDER OR UPON SAID LAND . ! ALSO EXCEPTING THEREFROM ALL STREETS, ROADS AND ALLEYS SHOWN ON THE MAP ABOVE REFERRED TO. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. PARCEL 2 MINISTRATIONIN THE ACCORDING TO IN THAT PORTION OF LOTS 12 ANDS12-A OF TATE OF C�ALIFORNIAPARK, 8 COUNTY OF SAN LUIS OBISPO, AMENDMENT "D" TO MAP OF ATASCADECO, RECORRDS OF DED ACOUNTYS � DESCRIBED BOOK 4 OF MAPS, AT PAGE 67-A, AS FOLLOWS : SAID POINT BEGINNING AT A POINT ON T11,C12,ANTER DI12- AFOFESAID LOVE DESCRIBED BEING COMMON TO LOTS 10 , ADMINISTRATION PARK; THENCE ALONG SAID CENTER LINE ,JEST ST 59 .43 FEET; THENCE NORTH 61023 ' SOUTH 28°37` 00" WE00" T TO THE 266 .48 FEET; THENCE SOUTH 2THENCEOALONG TSAID CENTERLINE OF CENTER LINE OF NORTH MALL; LINE NORTH 61023 ' 00" WEST 43 . 34 FEETHENCEHALONGTTHE SMOST YWESTERLY THE ABOVE DESCRIBED LOT 12-A; NORTH 28°39` 00" EAST 93 . 20 FEET TO THE , OF SAID LOT 12-A, VING A RAD'"S BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HA . BEGINNING SAID CURVE AND SAID WESTERLY OF 1146 . 00 FEET; THENCE °47 ' 38" AN ARC DISTANCE OF T _� THROUGH A CENTRAL ANGLE OF 6 12-A; h 135 . 89 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT SAME BEING COMMON WITH THE ABOVE DESCRIBED LOT 12 ; THENCE NORTH 28037' 00" EAST, 20 . 00 FEET; THENCE SOUTH 61°23 ' 00" EAST 317 . 73 FEET TO THE CENTER OLINE OF" WEST 20WEST MALL;ET THENCETHE PALONGOINT OSAID CENTER LINE SOUTH 28 BEGINNING. EXCEPT THEREFROM ALL MINERALS OR OTHER HYDRO-CARBON SUBSTANCES UNDER, IN OR UPON SAID LAND. ALSO EXCEPT THEREFROM THAT PORTION THEREOFEEREOF AS LYING SWITHIN THE LINES OF THE NORTH MALL AND THE W SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. OHN R4SERS, P.L.S. 5812 DATE EXPIRATION DATE 06/30/96 �ND S S, UR<` r EXP. No. 5812 �\ (Pl�rE OF CA��F�� 9110201 .DDS 0o' I PARCEL 2 / PARCEL QO� �DQ (FORMERLY NORTH MALL) I Q ' E=:, 1 i EXHIBIT NTS 900 1 .-1? EXHIBIT "B" ESTOPPEL CERTIFICATE To: The City of Atascadero: The undersigned certifies that: 1 . 1 am the tenant and present occupant of ("the Premises"), (address] , which constitutes a portion of the property (the "Building") located at !address] 2 -RB premises are leased under a lease dated A copy of the lease and all amendments (collectively called "the Lease") are attached. The Lease contains all the agreements between me and the Landlord. 3. Rent of $ per month has been paid through 4. The Lease term began on , and expires on , or the Lease is for a month to month. (Strike inappropriate provision). The Lease provides option(s) to extend or renew the Lease term for years each. (if no option exists, insert "none".) 5. 1 have no option or right of first refusal to purchase the premises or the building except . (if no option exists, insert "none"). My only interest in the Premises or the Building is the Lease. 6. The sum of S was paid to the Landlord as a security deposit and the sum of $ was paid for the last month's rent. Of none'paid, insert "none".) 7. All work required of the Landlord by the Lease has been completed in accordance with the terms of the Lease, and I have accepted, and I am now in possession of, the Premises. Dated: 1994 Tenant: dfW[agts)atastemp.exB Recording Requested by & When Recorded Mail to: City of Atascadero Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 JOINT OCCUPANCY AGREEMENT This Agreement is made and entered into the day of , 1994, between the ATASCADERO TEMPLE ASSOCIATION, INC., a California non-profit corporation, (herein the "Temple") and the CITY OF ATASCADERO, (herein the "City"), who agree as follows: RECITALS A. Concurrently herewith the Temple has conveyed to the City a ninety-nine percent fee simple interest in a parcel of real property which is described in Exhibit "A", (herein the "Real Property"), subject to defeasance upon the happening of certain conditions subsequent and subject to certain joint occupancy rights between the Temple and the City; B. In furtherance of the conveyance to the City by the Temple, the parties desire to set forth in this Agreement the provisions of their joint occupancy of the Real Property, which shall effective immediately upon and as part of the grant of the fractional interest in the Real Property from the Temple to the City in accordance with the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights, executed by the parties concurrently herewith; and NOW THEREFORE, IT IS FURTHER AGREED: Section 1. OCCUPANCY. The Temple for itself and for its beneficiaries, (the Masons and the Eastern Star), shall maintain the exclusive right to occupy those portions of the structure located on and which are a part of the Real Property, (which structure shall be referred to hereafter as the "Youth Center,") 'generally referred to as the "Lodge Room," the "Storage Rooms," and the "Storage Cabinets," in the kitchen area which are specifically designated on the diagram contained in Exhibit "B", subject, however, to the provisions contained in this agreement. Such area as designated on Exhibit "B" shall be referred to hereafter as the "Temple's Exclusive Use Area". In addition, the Temple and its beneficiaries shall have the first right of use to the dining and kitchen areas in the Youth Center, which areas are depicted on Exhibit "B", and which shall be referred to as "Facilities," or where the context requires shall be included in the meaning of the term "Exclusive Use Area," subject to availability based upon written committed uses to the Facilities by the City made prior to written notice by the Temple of its intent to use the facilities. Any written notice by the Temple to the City to use the Facilities shall not be given prior to 360 days before the intended use. Notwithstanding the above to the contrary, nothing herein shall prevent the Temple and the City from establishing from time to time mutually acceptable guidelines for reserving the use of the Youth Center in those areas other than the exclusive use area of the Temple as referenced above, Any occupancy of the Youth Center or the Real Property by the Temple and its beneficiaries shall be without charge or offset. 2 Section 2. USE OF PREMISES. The premises shall be used for the operation is of a Masonic Lodge and a chapter of the Order of the Eastern Star and activities associated with operation of these organizations,.however, the Temple shall have the right to rent the Exclusive Use Area and the facilities for special events benefiting the Temple or its beneficiaries or the community of the City of Atascadero at large. For the purposes of this section, the term "special event" shall mean a single event or activity which does not exceed a continuous period of 24 hours. Section 3. OTHER USE OF THE YOUTH CENTER BY THE TEMPLE. The Temple may also use any other recreational facilities within the Youth Center, without charge or offset, when there are no other scheduled events for the facility. No other scheduled events means that no other reservations for the facility have been made at the time a written notice is delivered by the Temple to the City stating the date of the Temple's proposed event, which shall be provided no more than thirty (30) days prior to the commencement of the proposed event. Section 4. PROHIBITED USES. The Temple shall not commit or permit the commission of any acts, on or within the Exclusive Use Area, nor use or permit the use of the Exclusive Use Area in any way that: (a) Causes the cancellation of any fire, casualty, liability or other insurance policy insuring the Real Property or its contents; (b) Violates or conflicts with any law, statute, ordinance or governmental rule or regulation governing the Exclusive Use Area or the Youth Center, whether now in force or hereinafter enacted, provided that the enactment is in good faith and not with an intent to prevent the use 3 of the Exclusive Use Area or the Facilities by the Temple pursuant to this Agreement. (c) Substantially obstructs or interferes with the rights of other occupants of the Youth Center; or (d) Constitutes the commission of waste on or within the Exclusive Use Area or the commission or maintenance of a nuisance as defined by the laws of the State of California. Section 5. ALTERATIONS BY THE TEMPLE. No alteration, addition or improvements to the Exclusive Use Area that requires a permit for construction shall be made by the Temple without the written consent of the City. The Temple shall obtain all necessary governmental permits required for any alteration, addition or improvement authorized by the City and shall comply with all applicable governmental • laws regulations, ordinances, and codes. Section 6. MAINTENANCE AND REPAIRS. Subject to the duty of the City under this Agreement to perform maintenance and repairs for the Exclusive Use Area and the Youth Center as needed, the Temple shall provide for the regular cleaning of the Exclusive Use Area and maintain the Exclusive Use Area in a good, clean and safe condition. The Temple, at the Temple's own expense, shall repair all damage or deterioration to the Exclusive Use Area or to the Youth Center occasioned by the Temple's lack of ordinary care. Except as otherwise provided in this Agreement, the City shall perform, at the City's sole expense, all repairs and maintenance for the Exclusive Use Area and the Real Property, including, but not limited to, retrofitting the Exclusive Use Area, the 4 Youth Center and the Real Property to comply with any law, statute, ordinance or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Exclusive Use Area, the Youth Center or the Real Property. Subject to the provisions set forth in Section 13, any maintenance or repairs by the City shall be made promptly with first-class materials, in a good and workmanlike manner. Subject to the terms of this Agreement, the City may obtain any building and other construction permits it deems necessary, without the prior consent of the Temple. Except in the case of any emergency, The City shall not enter the Exclusive Use Area for the purpose of effecting the maintenance and repairs, alterations or improvements other than during normal business hours and shall give the Temple twenty-four (24) hours notice of the intention to enter for those purposes. Section 7. INSPECTION BY THE CITY. The Temple shall permit the City or the City's agents, representatives or employees iv s to enter the Exclusive Use Area, upon reasonable notice, at all reasonable times for the purpose of inspecting the Exclusive Use Area to determine whether the Temple is complying with the terms of this Agreement and for the purpose of doing other lawful acts that may be necessary to protect the City's interest in the Youth Center and the Real Property. Section 8. COMMON AREAS OF THE YOUTH CENTER. The City shall make available, at all times, in any portion of the Youth Center that the City from time to time designates or relocates, automobile parking and common areas (jointly referred to as "common areas", as that term is defined below) as the City shall from time to time deem appropriate, provided that any such designation or relocation does not substantially interfere or prevent the use of the Exclusive Use Area by the Temple. • 5 000132.7 The Temple shall have the nonexclusive right to use the common areas for itself, its employees, agents, members, clients, invitees and licensees, or those of Atascadero Lodge No. 493 of the Free and Accepted Masons of the State of California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of California ("Eastern Star"), and any affiliated entity or group; provided, however, that such use shall not unreasonably interfere with the use of the Youth Center by the City or any of its tenants, invitees and licensees. The term "common areas" means the portions of the Real Property and the Youth Center that, at the time in question, have been designated and improved for common use by or for the benefit of the Youth Center, including, but not limited to, the parking areas; access and perimeter roads; landscaped areas; exterior walks, roofs, stairways; interior corridors,stairs and balconies; directory equipment; the main . entry lobby; restrooms; and drinking fountains. All common areas shall be subject to the exclusive control''and management of the City or any other persons or nominees that the City may have delegated or assigned to exercise management or control, in whole or in part, in the City's place and stead, so long as such control and management does not unreasonably interfere with the use of the Exclusive Use Area and Facilities by the Temple. The City shall have the right to close, if necessary, all or any portion of the common areas as is deemed necessary by the City in order to effect necessary repairs, maintenance or construction, or to maintain the safety of occupants of the Youth Center or the general public. The City will maintain the common areas in a clean, orderly and sanitary manner. The City is responsible for all repairs of the common areas, except 6 those required by the negligence of the Temple. Section 9. UTILITIES AND SERVICES FURNISHED BY THE CITY. The City shall, at its own expense, provide the following utilities and services to the Exclusive Use Area and to the Youth Center: (a) Water, gas and electricity available seven (7) days a week, twenty- four (24) hours a day; and (b) Heating available seven (7) days a week, twenty-four (24) hours a day. Section 10. TAXES AND ASSESSMENTS. The Temple shall pay and discharge any taxes assessed against its personal property or against any fixtures owned by the Temple which are not payable with any real property taxes assessed against the Real Property, and any possessory use or interest tax or its fractional interest in any real property tax assessment which may be assessed against the Real Property by the taxing authorities for the Court of San Luis Obispo, California as a result of the Temple's interest in or use of the Real Property. Except as set forth herein, the City shall pay and discharge any real property taxes or assessments which may be assessed against the Real Property. Section 11. INSURANCE. 11.1 THE CITY'S OBLIGATION. The City shall secure from a good and responsible company or companies authorized to do insurance business in California, and maintain at all times, a fire and extended coverage insurance policy, in an amount not less than one hundred percent (100%) replacement value of the Youth Center and other improvements on the Real Property. Provided that insurance is available 7 covering risks against earthquakes, then the City shall maintain!such coverage if (i) the coverage annual cost for such a does not exceed % of ane-hundred percent g replacement value of the Youth Center and other improvements on the Real Property and (ii) the deductible for any loss under such coverage does not exceed 20% of the cost to repair any damage for which a claim would be paid under the insurance policy providing for earthquake coverage. 11.2 THE TEMPLE'S OBLIGATION. The Temple shall secure from a good and responsible company or companies authorized to do insurance business in California, and maintain at all times, a liability and property damage insurance policy with a single combined liability limit in the minimum amount of Three Hundred Thousand Dollars ($300,000.00), and property damage limits of not less than Fifty Thousand Dollars ($50,000.00), insuring against all of the Temple's liability arising out • of the Temple's use or occupancy of the Real Property. 11.3 ADDITIONAL INSUREDS. The City and the Temple agree that the other shall be named as an additional insured on the aforementioned policies of insurance and that such insurance policies described in this article shall contain cross- liability endorsements. 11.5 PROTECTION AGAINST CANCELLATION. Each party must give proof to the other that each of the policies provided for in this section expressly provides that the policy shall not be canceled or altered without thirty (30) days' prior written notice to the other party. 11.6 FAILURE TO SECURE. If either party at any time fails to secure or maintain the foregoing insurance, the other party shall be permitted to obtain that 8 fMO1:�%'./0 insurance in the defaulting party's name or as'the agent of the defaulting party, and shall be compensated by the defaulting party for the cost of the insurance premiums. 0 The defaulting party shall reimburse the other paying party the full amount paid not later than thirty (30) days from the date written notice is received that the premiums have been paid. 11.7 PROCEEDS. Proceeds from any policy or polices shall be payable to the City and the Temple as their respect interests may appear and shall be used to satisfy any liability or duty for which the insurance was maintained. Section 12. INDEMNIFICATION. Neither party shall be liable to the other, and each party hereby waives all claims against the other, for any injury or damage to any person or property in or about the Exclusive Use Area or any part of the Youth Center by or from any cause whatsoever, except injury or damage to a party resulting from the acts or omissions of the other party or of the other party's authorized agents. Each party shall hold the other party harmless from and defend the other party against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on or about the Real Property and Youth Center when that injury or damage was caused in part or in whole by the act, neglect, fault of or omission or any duty of the indemnifying party or its agents, servants, employees, invitees, licensees or members. For the purposes of this provision, an invitee of a party shall be deemed to include any person, group of persons or entity and the members thereof who are on the Real Property with the express or implied consent of a party. Section 13 DESTRUCTION OF THE LEASED PREMISES OR BUILDING. If the 9 OM �,;?;ti.. 11 Exclusive Use Area or the Youth Center are damaged or destroyed by any cause not the fault of the Temple, or if they become unoccupiable due to any law concerning the health and safety of its occupants, then the City shall, at its expense, rebuild the Exclusive Use Area or make reasonable repairs; provided, however, that if the building becomes unoccupiable or is damaged or destroyed by any cause other than a cause for which insurance coverage is required to be maintained pursuant to this Agreement, or if the cause is covered by insurance and the insurance proceeds are insufficient to place the Exclusive Use Area in an occupiable condition existing before the damage or destruction, then the City shall only be required to repair or rebuild the building if and when funding is available. In the event that the City cannot'i rebuild or repair the Exclusive Use Area or the Youth Center due to lack of funds, them the City covenants and agrees to use its best efforts in obtaining the required funding. Should any rebuilding or repair of the building under this Section 13 or as required by Section 6 be estimated to take in excess of Sixty (60) days from the date of the event causing such repair or rebuilding, then the City shall provide to the Temple suitable space for the continued conduct of the Temple's activities until the Exclusive Use Area is repaired or restored and fit for occupancy►. Section 14. CONDEMNATION OR INABILITY TO USE. In the event that (i) the interest of the Temple in the Exclusive Use Area, the Youth'' Center or the Real Property are condemned for public purposes by the City or any other public or quasi- public agency or entity having the power of eminent domain, or (ii) should the City commence an action in accordance with Part III, Title 10.5, Partition of Real and Personal Property, of the California Code of Civil Procedure, or' under any similar or i10 �..-1A,. 0 subsequently enacted statute, or (iii) should the Exclusive Use Area and the Facilities I for the intended purposes by the Temple for a period of five (5) become unusable p P years for any reason under Section 6, Section 13 or as a result of any other cause, including, but not limited to, condemnation due to the health and safety of the occupants of the Youth Center, then at the election of the Temple, the City shall purchase a parcel of real property and construct on it a building, which shall, upon completion, be conveyed without cost or offset, in fee simple absolute and free of encumbrances, to the Temple. The criteria for the parcel of real property and the building are as follows: 1 . The building shall be free standing on a separate legal lot and shall be constructed to meet all then existing building and zoning requirements, including, but not limited to landscaping, parking and off-site improvements; 2. The building shall be newly constructed in a workmanlike manner with 0 new materials; except upon the consent of the Temple, the building can be a renovated structure; 3. The legal lot and building will be within the City of Atascadero; 4. The building will have a "lodge room," "kitchen," "storage," and "dining area," that equal or exceed the square footage existing for these areas in the Youth Center. 5. The building will meet the current building standards and specifications then existing for lodges as promulgated by the Grand Lodge, Free and Accepted Masons of the State of California; 6. The building will have restrooms, one men's and one women's, which 11 00431.:3:'.(3 will comply with then current building standards; 7. The building will have like kind and quality appliances and amenities as exist at the Youth Center on the date of the conveyance to the City of its fractional fee simple interest in the Real Property to the City in accordance','with the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights. Upon the completion of the building and the conveyance of the parcel of real property to the Temple, the City shall cause to be moved to the newly constructed building, at its expense, all of the personal property and fixtures of the Temple at the Youth Center which can be removed without injury to the Youth Center. At the time the building and the parcel of real property are conveyed to the Temple, the Temple shall convey and assign all of its rights'; to the City of any condemnation proceeds, if applicable, and in any event, the Real Property and any interests in it by the Temple shall terminate and be vested in the City in fee simple absolute, without any further restrictions, ownership interests or rights in favor of the Temple. Section 15 ASSIGNMENT OR TRANSFER OF INTERESTNeither the Temple or the City shall encumber, assign or otherwise transfer its interest in the Real Property without first obtaining the consent of the other party, which consent shall not be unreasonably withheld, except that the Temple may assign or convey its interest in the Real Property without the consent of the City to either or both of the Masons and the Eastern Star or to either or both of the Grand Lodge, Free and Accepted Masons of the State of California and the Grand Chapter of the State of • 12 'j, A, I California, Order of Eastern Star. Section 16. MEDIATION OF DISPUTES. City and Temple agree to mediate any dispute or claim between them arising out of this agreement or any resulting transaction before resorting to arbitration or court action. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code §1152.5. If any party commences an arbitration or court action based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, then in the discretion of the arbitrator(s) or judge, that party shall not be entitled to recover attorney's fees even if they would otherwise be available to that party in any such arbitration or court action. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. Section 17. ARBITRATION. Subject to Section 16, any controversy or claim arising out of or relating to any issue which may arise under this Agreement or the breach thereof shall be settled by arbitration in accordance with the commercial rules 13 of the American Arbitration Association. The parties may °,;agree to personal • arrangements n ements for arbitration under the rules of the American Arbitration Association. a a If they are unable to do so, however, the Association is authorized, upon the request of any party, to make arrangements for this arbitration to be held���... under its rules at a convenient location nearest Atascadero, California. This Agreement shall be enforceable and judgement upon any award in such arbitration may be entered in any court of competent jurisdiction in California, and shall be binding upon all parties. Notwithstanding the above to the contrary, any party may seek injunctive or other equitable relief in a court of competent jurisdiction pending the arbitration process. Section 18. WAIVER OF BREACH. The waiver by any party of any breach by the other party of any of the provisions of this Agreement shall not constitute a continuing waiver or a wavier of any subsequent default or breach either of the same or a different provision of this Agreement. Section 19. 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 either party to this Agreement by the other party shall be in writing and shall be deemed duly served and given when personally, delivered to the party to whom it is directed or any managing employee of that party, or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to: The Temple: ATASCADERO TEMPLE ASSOCIATION Attn: Board President 6351 Olmeda Avenue Atascadero, CA 93422 14 0f 2, l� The City: CITY OF ATASCADERO Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. Section 20. BINDING ON HEIRS AND SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, but nothing in this paragraph shall be construed as a consent by a party to any assignment of this Agreement or any interest therein by the other party, except as provided in this Agreement. Section 21 . TIME OF ESSENCE. Time is expressly declared to be of the essence in this Agreement. Section 22. SOLE AND ONLY AGREEMENT. Except as set forth in the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights, or any deed recorded as a result thereof, this instrument constitutes the sole and only agreement between the City and the Temple respecting the Real Property and correctly sets forth the obligations of the City and the Temple to each other as of this date. Any agreements or representations respecting the Real Property not expressly set forth in this instrument are null and void. Section 23. ATTORNEYS FEES. If any litigation, including arbitration proceedings, is commenced between the parties to this Agreement concerning the Exclusive Use Area, the Youth Center, the Real Property or this Agreement, or the 15 • �� 13 2,17 rights and duties of either party in relation thereto, the party prevailing in that litigation • shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorney's fees in the litigation, which shall be determined by the court or arbitrator, as the case may be, or in a separate action brought for that purpose. Executed on 1994, at Atascadero, San Luis Obispo County, California. The Temple: The Ci : THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF A►TASCADERO, a Municipal Corporation By: By: Its President Its Mayor By: Its Secretary df\b:[agtlatastamp.occ May 19, 1994 ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On , 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me • 16 00fa�,;a2.18 that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On , 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that,he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On , 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i EXHIBIT "A° LEGAL DESCRIPTION PA.R_ C_EL 1 IN THE COUNTY OF TACCORDING TO AMENDMENT "D11 T PORTION OF LOT 12-A OF ADISTRP,TION pP'R'K' K 4 O Tom' STATE OF CALIFORNIA, 1918 ,' IN B00 SAN LUIS OBISPO, S RECORDED APRIL 15, TO MAP OF ATASCAD DESCRIBED AS FOLLOWS : AT PAGE 67-A, RECORDS OF SAID C0�'Y' SAID T THE MOST SOUTHERLY CORNER�FFTHEIpENTERLOT ILII`rEs OF F BEGINNING A TERLY LINE 0 POINT BEING THE POINT OF I�NCECTALONG THE SOCJTHEAS NORTH MALL AND WEST MALL; OF WENT MALL, SAID LOT 12-A WHICH IS THE CENTERLINES F RXGHT ANGLES NORTH 28°37' 00" EAST 169 .37 FEET; THENCE AT RIGHT ANGLES v NORTH 61°23 ' 00" WEST 266 .48 FEET; a ON THE SOUTH; T ENL_ WEST 169 .37 FEET TO A OINTOF NORTH MALL; THENCE SOUTH 28037' 00" AND THE CENTER LINE }� STERLY LINE'',!, OF SAID LOT i2-A, LINE. OF SAID LOT 12-A, crc SOUTHWE t�+ 61°23 ` 00" EAST AT RIGHT ANGLES, ALONG THE MALL, SOUTH RICH IS THE CENTER LINE OF NORTH MAL 256 . 48 FEET TO THE POINT OF BEGINNING. • ALL WATER IN, UNDER OR UPON SAID TLAND. EXCEPTING THEREFROMn ALLEYS SHOWN ON ALSO EXCEPTING THEREFROM ?ALL STREETS, ROADS Pu- THE ,,IAP ABOVE REFERRED TO. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF . ' PA�tt�2ADMINISTRATION PARK, IN THE ACCORDING - THAT PORTION OF LOTS 12 AND STATE OF CALIFORN , 15 1918 , I� COUNTY OF SAN LUIS OBISPO, ADERO, RECORDEDTO ' APRIL v ' DESCRIBED AMENDMENT "DPSTOATTMAP p GE 67-AC RECORDS OF SAID COUNT BOOK 4 OF MA AS FOLLOWS : EST MALL, SAID pOIN._, POINT ON THE CENTER LINE OF W ABOVE DESCRIBED BEGINNING AT A 11, 12, AND 12-A OF SAID BEING COMMON TO LOTS 10 , 61 23 , 00„ WEST THENCE ALONG SAID CENTER LINE ADMINISTRATION��PWEST 59 .43 FEET; THENCE NOR`�H SOUTH 2803710011 WEST 169 . 37 FEET TO THE m THENCE SOUTH 28037' 00' LINE SAID CENTER LINE OF 266 .48 FEE ; CENTER LINE OF NORTH MALL; G THE MOST WESTERLY L: A; WEST 43 . 34 FEET TO THE O ST± WESTERLY CORNER NORTH 61023 ' 00" THENCE AL _ THE ABOVE DESCRIBED LOT 2-A% VIHE A ��." S LOT 12-A, NORTH 28°39' OOTHEEAST 93 . ESTrAND HA THS • OF SAID VE CONCAVE TO A CUR VE AND SAID WESTERLY BEGINNING OF SAID CUR OF 1146 . 00 FEET; THENCE AL AN ARC ,DISTANCE OF THE THROUGH A CENTRAL ANGLE OF 6 FEET TO THE MOST NORTHERLY CORNER Or SAID LOT 7-2-A; 135 . 89 - y r i SAME BEING COMMON WITH THE ABOVE DESCRIBED LOT 12 ; THENCE NORTH 28037' 00" EAST, 20 . 00 FEET; THENCE SOUTH 61°23 ' 00" EAST 317 . 73 FEET TO THE CENTER LINE OF WEST MALL; THENCE ALONG SAID UTH 28°37' 00" WEST 20 . 00 FEET TO THE POINT OF CENTER LINE SO BEGINNING. INERALS OR OTHER HYDRO-CARBON SUBSTANCES EXCEPT THEREFROM ALL M UNDER, IN OR UPON SAID LAND• EOF ALSO EXCEPT THEREFROM THAT PORTIONTHERSHOWNYONGSAIDHMAPIN THE LINES OF THE NORTH MALL AND THE WEST MALL SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. OHN R. S ERS, P.L.S . 5812 DATE EXPIRATION DATE 06/30/96 JNQ S �o Rum No. 5812 / �lgrE OF CA��F��� • 911020! .DDS C�LQC�pM� CrJ PARCEL 2 PARCEL 1 i O�LLAI��Q (FORMERLY NORTH MALL) I NTS i __ _._ ... - �..._.. .�1�ti ♦ l.\�.I.' � 111 I . � \ 1 I 1 l I O 1 ` � 1 • I �t I 1 a _ a 0 1 _ 1 a A H U 111 c � O I 1.Lj EXHIBIT REPORT TO CITY COUNCIL CITY OF ATASCADBRo Agenda Item: D--2 Through: Andy Takata, City Manager Meeting Date: 05/24/04 From: Henry Engen, Community Development Director StTBJECT Community Development Block Grant: Selection of Economic Study Consultant �, E„�ATIOhf; Authorize the City Manager to negotiate a contract with the firm of Palmer Koert to undertake an "Assessment of Busin ss Potentials* study for the City. �tOUNH: Last year Council authorized staff to submit for a Technical Assistance Grant for economic development planning purpose.. Sub- sequently, that grant was approved in the amount o $30,000. , RBQU$S'1' FS►Q��'����t3N8• On April 22, 1994, the attached invitation , f r Request for Qualifications was solicited from. seven (7) consulting firms. Responses were received from the following five (5) firms: Applied Development Economics, Bay Area Economics/Crawford Ifultari 4 Starr, Economic Research Associates, Palmer Koert, and. Economic Strategies Group, Copies of their qualifications were dist ibut to City Council under separate cover and were reviewed y the Economic Round Table at their meeting of Wednesday, May 18tft. ECQNQMjC RQjjXD TAB&,E EVALUATION: The action of the: Economic Round Table was to recommend negotiating a contract with PalmerKoert for the work. Should negotiations with this firm not proceed satisfactorily, their second choice was Applied Development Economies. The Economic Round Table was attracted by the small size ,of: the Palmer Koert first, their experience with smaller communities, and their practical business experience. It was the c nsensus of the ERT that: 00013" 1. The final product be developed to be the Economic Element of the City's General Plan. 2. Emphasis be given to the implementation phase of the study- 3 . tudy.3 . It would be desirable if an Economic Development Director were hired to continue with the momentum of the Economic Study (due by December 1994) . FIOCAk IMRA: A local cash match of $3,600 is required.' HE:ph Enclose: City Manager's Request for Qualification submittals, April 22, 1994 S/C: RFS Submittals ccs' Robert Lilley, ERT Chairman CITY OF ATASCADERO , � ..., � isi3 , r r �� r 19.9 OFFICE of the CITY MANAGER FILE COPY CITY OF ATASCADERO REQUEST FOR QUALIFICATIONS TO: Interested Consultants April 22, 1994 INTRODUCTION: The City of Atascadero is seeking the assistance of a consultant firm for the preparation of an Assessment of Business Potential Study. The City Is the recipie-t Cf an econo�^-_c development planning grant from the State of California, Community Development P,l.o:.::-, Crant Program. This grant, combined wit'h _ocal matching Xuv.ds, will fund the study. Conduct of the program is defined by State Regulation, Title 25, Chapter 7, Subchapter 2, CDBG Pro ram. ?R0%T E{`t %VERV I EW: Thr na rpose of the grant is to define an overall economic develop- • ::caiit ,,i:.�iategy for the City, with Lhe finished project potenr...aj. bE.,;.ry a ^.raft Economic Development Element of the City' s I'l ^,s indicated in the enclosed CDBG application "Assessment of Business Potentials" , the assessment will comprise he following tasks: �. Business climate assessment 2 . Market analysis 3 . Entrepreneurship potentials -! . Employment strategy 5. Implementation plan The consultant will work with City staff and the'= City' s Economic Rn ._riert.able, which advises ':he City Council on economic development , Theconsultant will also be responsible for drafting public notices, transmittal letters to HCD, reports to iiCD and other administrative requirements of the grant. CONSULTANT SELECTION: �, ; L__ 14-4 -1 -1 = -;, a nem t , area 7on*.tact w-th the successful The '� -' ..ter — firm o - �o - firm for all consultant work associated with the 'project. 6500 PALMA AVENUE • ATASCADERO,CALIFORNIA 93422 • (805)461-5010 (00I 'll- i Interested consultants should submit qualifications only to the City of Atascadero no later than May 12, 1994 . The qualifications should provide the following information: i. Firm's history, background, etc. 2 . Capacity of the firm to conduct the Scope of Work and produce the Final Products. 3 . Staff resumes for individual's assigned to the project. �` --' 4. Familiarity with the CDBG Program and similar funding programs. 5. Staff availability. 6. Method for determining future contract price. . . a cost bid is not requested at this time. 7. List of pertinent references and clients. 8. Any appropriate affirmative action criteria. SELECTION PROCESS CRITERIA: Firm and individual experience Economic development experience Central Coast experience CDBG experience Other funding sources experience Affirmative action will be taken into account to assure that sidall, women and minority owned businesses are utilized when possible. The City reserves the right to select a firm and negotiate a contract based solely on a qualifications submittal. Interviews . will be at the option of the City. Absent interviews, a final decision is expected no later than May 24, 1994 . . The full grant application is included for your review. The contract completion date is December 30, 1994 . Delays have been encountered in getti;ig the RFQ's out owing to the departure of the former Finance Director. As a result, the work schedule will have to be accel- erated. Five (5) copies of your qualifications must be received by May 12 , 1994 , at 5: 00 p.m. at the City Manager's office. If you have any questions, please call Henry Engen, Community Development Director, at (805) 461-5097 . Sincerelv, Andrew J. Takata, City Manager City of Atascadero AT:HE:ph Enclosures: Atascadero CDBG Application "Assessment of Business Potential" , September, 1993 REPORT TO CITY COUNCIL CITY OF ATASCADERd Agenda Item:, D-3 Through: Andy Takata, City Manager Meeting Date: 05/24/94 From: Henry Engem, community Development Director / SUBJECT: Highway 41 Realignment Community Advisory Co-mmitt e: Request by Counc,ilmemb+er Highland to appoint two (2) members. BAt�R(��UND At the City Council's October 26, 1993 meeting the four {�} sitting members of the Council each appointed two members in response to a request from Caltrans for an advisory committee to work with their technical staff in designing this project (s attached communication from the City Manager) . The committee has been working since early this year, and recently elected Councilmember Highland is requesting to appoint two additional members to the committee now that he has filled the formally vacant seat. HE:ph Encl: City Manager's Letter October 29, 1993 CITY OF ATA: CA, I - ice" ra '� ►(� � OFFICE of the' CITY MANAGER' October 29, 1998 'Mr. James* Alessi,; Project Manager Californiapartment of Transportation P.O. Box 8114 San Luis' Obispo, CA 9M3-8114 Dear Mrs' Alessi: At the y noun il's October 26th ma "ng, the fogowing individualswere recomm,ent r appointMent tea the C+errmunity Advisory Committee requ ': 01 by you for` . 4 of the 41 realignment project in Atasc ro Richard Summers Dennis Schmidt Summers Real I Estate 8675 Santa Rosa Rd., At" 7636 Morro Rd , Atas. Ph: 468-8225 PFt: 468-878 David Duncan Cxeral Brasher P.O. 'Roy 362, Atas. 3202 Monterey Rd., Atai .' Ph: 486-9554 Ph: 488-5251 Dr. Tim 0*—eefc John,Warren 8985 Old Morro Rd. East,,Atas. 7365 VaRel Ave., Atas. Ph: 468.8781 Ph 481-1955 Eric Hagen Jerry Clay Eric E.IHagon Associates 7285 Sycamore Road, Ates 6715 Marro lad, Alias, Ph 466' 97,20 t Ph: 465-325 Henry �gett, comimr uty 06yeiloptnent Dir. City efAtascadero 6504 Palma Ave., Atas. Fah: 600 PALMA`AVENUF ATASCAD.ER0, CA 93422 (805) 461.501€ S Mr. James M. Alessi October 29, 1993 The City appreciates the opportunity to provide input into the project design issues that have been identified. I would appreciate it if you would also copy my office on future agendas and meetings of the committee. Sincere1 _ ANDREW J. TAt";rA City Manager AJT/HE:cw 000139 3