HomeMy WebLinkAboutAgenda Packet 06/25/1996 PUSUC REVIEW COPY
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ATASCADERO CITY COUNCIL from coubtff
REGULAR MEETING
JUNE 25, 1996
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George RaY George Harold David
Luna Johnson Highland Garden Bewley
This agenda is prepared and posted pursuant to the requirements of Government
code Section 54954.2. By listing a topic on this agenda, the City Council h is expressed its
intent to discuss and act on each item. In addition to any action identified in he brief general
description of each item, the action that may taken shall include: A refe al to staff with
specific requests for information;continuance;specific direction to staff cone ming the policy
or mission of the item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disapproval.
Copies of the staff reports or other documentation relating to each i em of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office (Room 103),avai;able for public inspection during City Hall business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need sl edaf assistance
to participate in a City meeting or other services offered by this City, please ontact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (8051461-5074. Notification
at least 48 hours prior to the meeting or time when services are needed wi assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
6:30 P.M. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
2. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: _Management; Mid-Management(Profes ional; Fire`
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police
Officers Assoc.;Atascadero Public Safety Technicians Orgn.; Service Employees
Intl. Union; Confidential Employees
3. CONFERENCE WITH PROPERTY NEGOTIATIOR:
Properties (2): 1) 9085 Morro Rd.; 2) Access lot to Stadium Par
Negotiating parties: 1) "Brown/City of Atascadero; 2) Kennedy/C ty-of Atascadero
Under negotiation; 1)Terms and/or price of payment; 2) Termsand/or price of_
payment
7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici" ati(Pn' back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMUNITY FORUM
PRESENTATIONS
• Donation of $5,000 from Atascadero Land Preservation Society (ALPS) for Stadium
Park
• Recognition to Carol Nelson-Selby, Volunteer Peer Court Coordinator
A. CONSENT CALENDAR: Alf matters listed under Item A, 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.
1. CITY TREASURER'S REPORT - May, 1996
(City Treasurer's recommendation: Approve) -
2.; APPROVAL OF WARRANTS - May, 1996
(Staff recommendation: Approve)
3. RESOLUTION NO. 59-96 Approving an interim budget for the 1996-97 Fiscal Year
and appropriating funds thereof
(Staff recommendation: Adopt)
4. TENTATIVE PARCEL MAP 95003, 4530 SAN ANSELMO AVE. Finalize approved
division of a 4.18-ac, lot into two .(2) parcels of 1.5 and 2.68 acres
(Planning Commission/staff recommendation: Accept/direct staff to record)
5.' RESOLUTION NO. 44-96 - Approving a Cooperation Agreement between the City
and County of San Luis Obispo to continue joint participation in the Community
Development Block Grant Program
(Staff recommendation: Adopt)
B. PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DETERMINATION THAT AUTO REPAIR 1S
NOT AN ALLOWABLE USE IN THE DOWNTOWN (cont'd from 5/28/96)
(Planning Commission recommendation: Deny)
C. REGULAR BUSINESS:
1. RESOLUTION NO. 58-96 - Authorizing agreement with the Los Padres Council Boy
Scouts of America for Lease of the Atascadero Lake Pavilion Basement
(Parks & Rec. Commission recommendation: Approve)
2
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authorit
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group'
4. Economic Round Table
5. Finance Committee
6. Air Pollution Control District
7. North County Council
8. Ad Hoc Regional Water Management Committee
9. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
3
RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
Participation, please familiarize yourself with the following rules of
decorum:
0 Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
O Persons wishing to speak should step to theodium and state their name me and
address, for the official record.
0 All remarks shall be addressed to Council, as a'whole, and not to any individual
member thereof.
0 No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
0 A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity tunit' to d
PP o so and n
Y o one may speak more than twice on any item.
O Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
0 The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
0 A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
0 State law does not allow the Council to take action on issues not on the
agenda; staff may be asked to follow up on such items.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-J-
,Thr
ough: Rudy Hernandez, ity Treasurer Meeting Date: 6/25/96
From: Brad Whitty, Finance Director
SUBJECT: Treasurer's Report May, 1996
RECObMNDATION
Council review and accept.
Attachment: Treasurer's Report, May, 1996
000001
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF MAY, 1996
GENERAL FISCAL
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN.BALANCE $612,971 6,301,629 486,609 $7,401,209
RECEIPTS 867,706 0 17,279 884,985
DISBURSEMENTS (862,271) 0 0 (862,271)
TRANSFERS IN 0 0 0'
TRANSFERS OUT 0 0 0 0
OTHERS 0 0 0 0
ENDING BALANCE 618,406 6,301,629 503,888 7,423,923
DEPOSITS IN TRANSIT 15,801
CHECKS OUTSTANDING (211,841)
ADJUSTMENTS" 297
ADJUSTED TREASURER'S BALANCE $7,228,180
TASCADERO
UDY DEZ
City easu
ALL FUNDS-GENERAL ACCOUNT/INVESTMENT
RESERVED UNRESERVED
CASH (1) ASH 2
FUNDS 35,000
General Fund Pooled Cash $675,447
• Gas Tax Fund Pooled Cash 45,001
Development Fee Pooled Cash 795
Donations Pooled Cash 2,608
A.D.#4-Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash -56,078
Camino Real Reserve 12,990
92 St.A.D.Resrv.Pooled Cash 2
Payroll Trust Pooled Cash 21,478
TRAN Repayment Pooled Cash 1,202,621
94 CDBG Pooled Cash 29,017
93 STBG-688 Pooled Cash 0
95 CDBG Pooled Cash 8,233
93 EDBG-268 Pooled Cash 15
COPS Fast Grant $,288
Dial-A-Ride Pooled Cash 70,675
Wastewater Fund Pooled Cash 887,669
Lake Park Pavil.Pooled Cash -22,998
Aquatics Pooled Cash -3,038
Recreation Pooled Cash -42,636
Tree Plant Fund Pooled Cash 32,034
Tree Assn.Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
Emergency Services Pooled Cash -22,160
Police Training Pooled Cash -4,536
Weed Abatement Pooled Cash 39,146
A.D.#3 Redemptn.Pooled Cash 14,273
A.D.#4 Redemptn.Pooled Cash 53,484
• A.D.#5 Redemptn.Pooled Cash 57
Camino Real Redempt.Pooled Cash 133,279
92 Street A.D.Redemptn.Pooled Cash 53,769
Santa Ana A.D.#7 -938
89 COP Debt Svc.Pooled Cash 57,369
Capital Project Pooled Cash -138,614
Pol.Dev.Fees Pooled Cash 12,092
Fire Dev.Fees Pooled Cash 50,607
P&R Dev.Fees Pooled Cash 70,152
Drain.Dev.Fees Pooled Cash 447,025
Amapoa-Tec.Fee Pooled Cash 192,487
Public Works Pooled Cash 490,339
St.Main.Dist.Pooled Cash 44,904
TDA Non-Transit Pooled Cash 74,142
Sewer Facilities Capital 2,070,295
Camino Real Const.Pooled Cash 17,212
Las Encinas Const.Pooled Cash 17,579
3-F Meadows Const.Pooled Cash 14,271
Santa Rosa A.D.#7 Pooled Cash 58,896
TOTAL ALL FUNDS $1,608,222 $5,116,070
CASH WITH FISCAL AGENT
Camino Real Resr.Cash 199,890
92 St.A.D.Resvr.Cash 45,957
Wastewater Fund Cash 59,957
• Camino Real Redem.Cash 33
92 St.A.D.Redm.Cash 3
89 COP Debt Serv.Cash 198,048
TOTAL WITH FISCAL AGENT $503,888 000003
TOTAL OF ALL CASH $7,228,180
INVESTMENTS
TIME DEPOSITS •
CERTIFICATES OF DEPOSIT,SAVINGS,AND
LOCAL AGENCY INVESTMENT FUND
MAY, 1996
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED
Orange County Investment Pool/TRAN 0 1,609 (6)
Orange County Investment Pool 0 51,206 (6)
Santa Lucia Bank CD 35,000 0
Local Agency Investment Fund- Reg. 4,999,379 0
Local Agency Investment Fund-TRAN 1,267,250 283,906
TOTAL TIME DEPOSITS 6,301,629 336,721
Mid-State Interest Received 9,201
TOTAL INTEREST RECEIVED 345,922
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 a$1,210,000. Tax Revenue Anticipation Note (IRAN)from this fund .
including $56,518 interest at 4.75 per annum by June, 1996.
(4) May, 1996 interest yields were as follows:
LAIF 5.54%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts 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.
(6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City
recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is
attempting to recover the principal plus interest through a lawsuit filed agains the OCIP.
The interest received above is post-petition interest for the period from December 1, 1994
through July 20, 1995.
•
• REPORT CITY _ l_.I 1 Illt:et ng g I:_lfl 1.t': _ \l 6// /.5/'Q A
CITY OF AT AS'IraAD RO Agenda 15 em:
Through : Andy Takata , City u
81 nP2.
From: Bradford vv lritl v Finance Director,
Payment of Audited Bills il.j!\_I Payroll for the !T!t_rllt: 1 of May, 19}6 ,
RECOMMENDATION
Approve�II'v'e a.erI i �1 n+s „1 1e of l d 11 vendor_ 1 I �tl a. 1 i Z
}fir _ _. _ n i i itii i 1..1 ii n.`v'rt Il 1 r. Z%f`i.v i ar r 1 and I
-L"i _ _. _ _ _ .._1 _ 1 in.:v i\ r r `vc`, uC7
checks for the month yof May, 1996e
- -
Attached , for City Council review and approval are the following:
A, Payroll
Period
l ...7 End
0:1 726 /n4 ^7. #`"1 C 7O3_2c924 125 , 783 . 49 2C ? 3
.!'>_r i bra.! F11a! a_rY/ �.v/ _l 1_r 3...n a.�. _ .. .'_.�l.i ..r S �.J is=i Y 7
.a End
05/10/96
� /1 1 1(1 6 f'ti. 025955-26097
X 5 / 2.. -
�eriiiar I.Ila1 a7�+ i Irl -rah a .>` e���- �"Z!1 1 'x"7 !!�yy[i!_"
P _ _ _ _. End
nC /2A /n4 1- . 426130-26269
?C 1 Zn '1G 2Gn 127 . 264 . 98
•
F�.r=�ll1 1'.�7i - tI r/ /.Y/ '!t_) \,-1�. t_r _I.tI-'/ 1)/ )%
B . Special Payroll ,
Dated 05-07-96 Ck . 025q52 62 . 111,
Dated 05-23-96 K . #26121 -26122
24
C , Payroll Vendors
Dated 05/03/96 Ck _ 425934-25950 cY . 7 _ _ . 81
Dated
atca 05/17/96 rk 416099-26116 645nc :Dated 05/24/96 \_.!A . 426124-26127 1 , 348 . 02
Dated 05/31/96
C// °ri G Ck . 26271-2
6100 59 , 887 , 73
Dated 05/31/96 Ck , 426232-26286 31 , 720 . 99
D. Accounts Payable
Dated J; _l1fa_J Ck. 42S770-54473 326 , 392. 33
The undersigned certifies that the attached demands have been
released f th total + f $922, 185 .80 a that
"ii::\! inr. payment w,iSt 111 the 1_Ul:nl i1.11it.ril ilt aaS :.. n.il 1. that
I_
funds are available� fill these deiiin.nds -
Dated :
Pn /DFOIlli 11 H ITT`7 F T�
It\ lil a_rla, r rr 1S 1 S 3 Final_ A._ ? � i.+. eCtilT
Approved by the City Council at n meeting held I. P25 , 1.996
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itis t i,. 1 00001
REPORT TO CITY COUNCIL Agenda Item: A=3
CITY OF ATASCADERO
Through: Andy Takata, City Manager MeetingDate: 6/25/96
From: Brad Whitty, Finance Director
SUBJECT: Adopting an interim budget for FY 96-97.
RECOMMENDATION: Adoption of Resolution No. 59-96, establishing in t6rim appropriations
for the upcoming fiscal year.
BACKGROUND:
The City's annual budget has been delayed due to the challenges of balancing he City's General
Fund. As a result, an interim budget is necessary, and adoption of Resolution No. 59-96 will
established that interim budget.
The recommended budget is expected in July. One Public Hearing will be scb eduled, prior to
formal adoption, to address funding requests and to discuss the budget in general.
a: interim budget Res. 59-96#100
O0O033
RESOLUTION NO. 59-96
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING AN INTERIM BUDGET FOR THE 1996-97 FISCAL YEAR
AND APPROPRIATING FUNDS THEREOF
BE IT RESOLVED by the Atascadero City Council as follows:
Section 1. Pursuant to the provisions of Section 37208 of the Government Code, an
Interim Budget is hereby approved for the City of Atascadero for Fiscal Year 1996-97 to the
extent that certain annual totals contained in the Fiscal Year 1995-96 Budget are extended into
the Fiscal Year 1996-97 Interim Budget for the purpose of continuing Salaries and Benefits,
expenditures for Services and Supplies and certain limited Capital expenditures for each function
in the General Fund, Special Improvement Funds,Reserves and totals setforth for each capital
project with the following stipulations:
A. Salaries and benefits will continue as appropriated within each Department of the Fiscal
Year Budget. Salary and benefit adjustments for Fiscal Year 1996-97 will be in
accordance with approved Memorandum of Understanding upon adoption of a final
Fiscal Year 1995-96 Budget;
B. Expenditures for Services and Supplies, as currently appropriated within each Department
of the Fiscal Year 1995-96 Budget, will be commensurate with maintaining basic City
services;
C. Expenditures for Capital Outlays will be restricted to those lease-purchase payments
which were obligated prior to June 30, 1996.
D. All references made within this section to the Fiscal Year 1995-96 budget, as a basis for
expenditures and limitations, will be replaced by the Proposed Budget for Fiscal Year
1996-97, once such budget is distributed and placed on file of record.
Section 2. The Council, from time to time,by motion, may approve and authorize the
the payment of non-budgeted demands and may appropriate funds for non-budgeted demands and
any such appropriation for a non-budgeted item shall constitute an approval to issue a warrant in
payment of a proper demand or demands therefor.
Section 3. This resolution shall become effective and be in full force immediate upon its
passage.
On motion by Councilperson and seconded by Councilperson
the foregoing resolution is hereby adopted in its entirety on the following roll call votes:
AYES: Councilmembers
NOES:
ABSENT:
z
000014
ADOPTED:
i CITY OF ATASCADERO
By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON
City Attorney
00001,b
REPORT TO CITY COUNCIL
ITY OF ATASCADERO Agenda em: A-4
Through: Andrew J. Takata Meeting ate: 06/25/96
City Manager
File N ber: TPM 95003
From: Steven DeCamp, City Planner
SUBJECT:
Acceptance of Final Parcel Map #95003 to divide an existing Colony
Lot into two (2) separate parcels of .1.5 acres and 2 .68 acres for
single family residential use. Subject site is located at 4530 San
Anselmo Avenue. (John Hull) (Daniel J. Stewart & Associates)
RECOMMENDATION:.
Acceptance of Final Parcel Map 195003.
BACKGROUND:
On February 13, 1996, the City Council considered the above
referenced map on its ' Consent Calendar. Council concurred with
the Planning Commission' s recommendation to approve TPM #95003
subject to the Findings and• the Conditions of Approval. All
conditions have been completed by the applicant.
Ph\
Attachment: Location Map
cc: Daniel J. Stewart & Assoc.
000016,
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REPORT TO CITY COUNCIL
. CITY OF ATASCADERO Agenda Item• A-S
Through: Andy Takata, City Manager Meeting Date: June 25, 1996
From Doug Davidson, Senior Planner File No: CDBG
SUBJECT
Consideration of a Resolution to continue participation in the
Urban County Cooperation Agreement in order to receive federal
grant funds, particularly the Community Development Block Grant
program (CDBG) .
RECOMMENDATION
Adopt Resolution 44-96 to continue participation in the Urban
County Cooperation Agreement for the next three years (federal
fiscal years 1997,' 1998, and 1999. )
BACKGROUND:
In 1994, after qualifying as part of the Urban County, the City
started receiving CDBG funds, ranging from $223, 500 to $248, 600
on an annual basis. The City Council recently alio ated the 1996
CDBG funds; the third and last year of the initial ounty-wide
cooperation agreement. Adoption of this Resolution and Agreement
would renew the City' s participation with the Countl and other
participating jurisdictions to receive CDBG, HOME, and other
federal funds from the Department of 'Housing and Ur an
Development (HUD) .
Initially, the County proposedeliminatingthe Spec' al Urban
Projects portion of the CDBG program. This is a se agate fund
within the county-wide CDBG allocation which is res rued for
projects of a regional nature that benefit more thai one
jurisdiction_ Improvements to the North County Wom n' s Shelter
and a $25, 000 contribution for the acquisition of t e Loaves and
Fishes facility were funded out of this program. A ter receiving
unanimous opposition from all participating cities, the County
has agreed to maintain the Special Urban Projects i its present
form. _ With this obstacle to agreement removed, the Cooperation
Agreement is similar to the original document. Staff urges the
Council to adopt the Resolution so than staff can continue to
work with the County to ensure that the necessary paperwork for
renewed participation is submitted to HUD in a timely manner.
00001:5
CONCLUSIONS:
The CDBG program has allowed Atascadero to carry out a wide
range. of beneficial projects which would not otherwise be
possible. The :.variety of projects and programs funded whole, or
in part, by CDBG funds includes historic preservation, seismic
retrofit, housing, public facilities, public services, economic
development, and others'. Continued involvement in- the-Urban
County entitlement program removes the City from having to
compete with other jurisdictions for similar grants from the
State CDBG funds will continue to provide the City with new
opportunities for community development, primarily those that
benefit low and moderate persons.
ATTACHMENTS: Resolution 44-96
Urban County Cooperation Agreement
00001!)
RESOLUTION NO. 44-96
A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO,
CALIFORNIA, APPROVING A COOPERATION AGREEMENT ?;BETWEEN
THE CITY AND COUNTY OF SAN LUIS OBISPO TO CONTINUE
JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS, the County of San Luis Obispo ("County'") , a political
subdivision of the State of California, and the City of Atascadero
("City") , a municipal corporation, desire to continue participation
in the Community Development Block Grant (CDBG) program
administered by the U.S. Department of Housing and Urban
Development (HUD) ; and
WHEREAS, said program will promote the public health, safety
and welfare by providing grant funds to be used by the City and
County ("parties") to improve housing opportunities for low-income
and moderate-income households, to encourage economic reinvestment,
to improve community facilities and public services, sand to provide
other housing-related facilities or services; and
WHEREAS, the City, as part of the federally designated "San
Luis Obispo - Atascadero - Paso Robles Metropolitan Area", wishes
to again defer its entitlement status to the County for the mutual
benefit of both jurisdictions; and
WHEREAS, HUD requires that theP arties enter into a Coopera-
tion Agreement to define their rights and obligations as a
prerequisite of participation in the CDBG program;
THEREFORE, BE IT RESOLVED BY THE ATASCADERO CITY COUNCIL AS
FOLLOWS:
Section 1. Findings.
1 . The proposed Cooperation Agreement is consistent with
the General Plan and with City and County policies
encouraging cooperation between agencies on issues of
regional significance such as affordable housing.
2 . The proposed Cooperation Agreement will, promote the
public health, safety and welfare by enabling the City
and County to participate in the U.S. Department of
Housing and Urban Development' s CDBG programs, under an
"urban county" entitlement; thus making available funds
for a variety of housing, economic development, and
public services programs not otherwise available.
000020
Resolution 44-96
Page Two
3. The Parties intend to adopt a Memorandum of
Understanding which will establish administrative
policies and procedures, performance standards, and
guidelines for block grant program implementation by the
County and participating cities.
4. The proposed Cooperation Agreement is not a "project"
for purposes of compliance with the provisions of the
California Environmental Quality Act and the City's
Environmental Guidelines.
Section 2. Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b) , et. seq. ,
the City Council hereby authorizes the Mayor to enter into a
Cooperation Agreement, Exhibit "A", with the County to enable
joint participation in the Community Development Block Grant
Program U.S. Department of Housing and Urban Development
(HUD) .
Section 3. City Administrative Officer authorized to act for
City. The City Manager, the City's Administrative Officer, is
hereby authorized to act on behalf of the City in connection
with the implementation of the agreement, on-going operation
of the Community Development Block Grant Program, and other
activities necessary to carry out the intent of the agreement.
Section 4 . Public Notice. A summary copy of this resolution,
together with the ayes and noes, shall be published at least
once in full, within 10 days after its adoption, in the
Atascadero News, a newspaper published and circulated in the
City. A copy of the full text of this resolution shall be on
file in the office of the City Clerk and shall be available to
any interested member of the public.
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:
000021
Resolution 44-96
Page Three
ADOPTED:
CITY OF ATASCADER0
By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
000022
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF ATASCADERO
FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR FISCAL YEARS 1997 THROUGH 1999
THIS AGREEMENT is made and entered into this 25th day of June, 1996, by
and between the County of San Luis Obispo, a political subdivision of the
State of California, hereinafter called "County"; and the City of Atascadero,
a municipal corporation of the State of California, located in the County of
San Luis Obispo, hereinafter called "City"; jointly referred to as "Parties."
W I T N E S S E T H:
WHEREAS, In 1974, the U. S. Congress enacted and the President signed a
law entitled, The Housing and Community Development Act of 1974, herein called
the "Act". Said Act is omnibus legislation relating to federal involvement in
a wide range of housing and community development activities and contains
eight separate titles;
WHEREAS, Title I of the Act is entitled "Community Development" and
consolidates several existing categorical programs for housing and community
development into new programs for such housing and development under block
financial grants. The primary objectives of Title I are the improvement and
development of metropolitan cities and urban counties or communities by
providing financial assistance annually for area-wide plans and for housing,
public services and public works programs;
WHEREAS, the City of Atascadero has been designated as an entitlement city
by the U.S. Department of Housing and Urban Development (HUD,) , and it has been
determined that the City is eligible to receive Community Development Block
Grant (CDBG or "program") funds under HUD guidelines;
WHEREAS, The County of San Luis Obispo has requested of HUD that the
County be designated as an "urban county", and County has been informed
preliminarily, subject to final determination, that it will qualify as an
urban county and be eligible to receive program funds provided that the
County's entitled cities defer their entitlement to County to enable both the
County and the entitlement cities to jointly participate in the program;
1 00002113
WHEREAS, The City desires to participate jointly with the County in said
program, and is willing to defer its entitlement to the County under the terms
of this Agreement;
WHEREAS, The Housing and Community Development Block Grant Regulations
issued pursuant to the Act provide that qualified urban counties must submit
an application to the Department of Housing and Urban Development for funds,
and that cities and smaller communities within the metropolitan area not
qualifying as metropolitan cities may join the County in said application and
thereby become a part of a more comprehensive county effort;
WHEREAS, As the urban county Applicant, the County must take responsibility
and assume all obligations of an applicant under federal statutes, including:
the analysis of needs, the setting of objectives, the` development of
community development and housing assistance plans, the consolidated plan, and
the assurances or certifications;
WHEREAS, By executing this agreement, the Parties hereby give notice of
their intention to participate in an Urban County Community Development Block
Grant program.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Administrator of the County of San Luis
Obispo ("Administrator") is hereby authorized to act as applicant for the
Community Development Block Grant Program and to administer block grant
funding and activities under the program. The City Administrative Officer
("CRO") is hereby authorized to act as the responsible officer of the City
under the program.
B. Full Cooperation. Parties agree to fully cooperate and to assist each
other in undertaking eligible grant programs or projects, iMcluding but not
limited to community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing; public services; and
economic development.
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0000211
C. Term of Agreement. The term of this Agreement shall be for a period of
three (3) years commencing on the date specified below and extending through
federal fiscal years 1997, 1998, and 1999. The Agreement remains in effect
until the CDBG and HOME Investment Partnerships (HOME) Program funds and
income received with respect to the three-year qualification period are
expended and the funded activities are completed. The Parties may not
terminate or withdraw from the Agreement while the Agreement remains in
effect.
D. Scope of Agreement. This Agreement covers the following formula
funding programs administered by HUD where the County is awarded and accepts
funding directly from HUD: the CDBG Entitlement Program, the HOME Program,
the Emergency Shelter Grant (ESG) Program, and the Housing Opportunities for
Persons With AIDS (HOPWA) Progam.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be
included in the application the County shall submit to the Department of
Housing and Urban Development for Title I Housing and Community Development
Block funds under the above recited Act.
B. Consolidated Plan. City shall assist the County by preparing a
community development plan, for the period of this Agreement, which identifies
community development and housing needs, projects and programs for the City;
and specifies both short- and long-term City objectives, consistent with
requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City's desired housing and community
development objectives, policies, programs, projects and plans as submitted by
City in the County's consolidated plan.
C. Application Submittal. County agrees to commit sufficient resources to
completing and submitting the Consolidated Plan and supporting documents to
HUD in time for the Parties to be eligible to receive funding beginning July
1, 1997, and to hold public hearings as required to meet HUD requirements.
D. County Responsibility. Parties agree that the County shall, as
3 0000
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1
applicant, be responsible for holding public hearings and preparing and
submitting the CDBG funding application and supporting materials in a timely
and thorough manner, as required by the Act and the federal regulations
established by HUD to secure entitlement grant funding beginning July 1, 1997.
E. Grant Eligibility. In executing this Agreement, the Parties understand
that they shall not be eligible to apply for grants under the Small Cities or
State CDBG Programs for appropriations for fiscal years during the period in
which the Parties are participating in the Urban County 'CDBG entitlement
program; and further, the City shall not be eligible to participate in the
HOME, ESG or HOPWA programs except through the urban county, unless the urban
county does not qualify for or declines to accept formula allocations under
these programs.
SECTION III. Program Administration.
A. Program Authorization. County Administrator is hereby authorized to
carry out activities which will be funded from the annual CD$G, HOME, ESG and
HOPWA programs from federal fiscal year 1997, 1998, and 1999 appropriations
and from any program income generated from the expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the. County shall be
the governmental entity required to execute any grant agreement received
pursuant to the CDBG, HOME, ESG and HOPWA applications, and that County shall
thereby become legally liable and responsible thereunder ; for the proper
performance of the plan and CDBG, HOME, ESG and HOPWA urban county programs.
City agrees to act in good faith and with due diligence in performance of City
obligations and responsibilities under this Agreement and under all
subrecipient agreements. City further agrees that it shall) fully cooperate
with the County in all things required and appropriate to comply with the
provisions of any Grant Agreement received by the County pursuant to the Act
and its Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist
the County in performing the essential community development and housing
assistance activities identified in the City's community development plan.
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i
Pursuant to the Act and pursuant to 24 CFR 570.501 (b) , the City is subject to
the same requirements applicable to subrecipients, including the requirement
of a written agreement with the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
A. Allocation of CDBG funds. All funds received by County pursuant to
this Agreement shall be identified and allocated, as described below, to the
specific projects or activities set out in the application, and such allocated
amounts shall be expended exclusively for such projects or activities;
provided, however, that a different distribution may be made when required by
HUD to comply with Title I of the Housing and Community Development Act of
1974, as amended.
1) Metropolitan Cities' Allocation. Parties agree that County shall
"pass through" the allocated CDBG funds to City as subrecipient within
30 days of written request by City to fund specific projects or
programs, up to a total amount equal to that to which City would have
been entitled had it applied separately as a "metropolitan city", using
HUD allocation formulas as applied by County, and that no
"administrative" fee or other fees will be deducted by County to meet
its obligations under the terms of this Agreement. Further, with
respect to such "pass through" funds, County agrees to fully cooperate
and assist City in implementing City projects and activities.
2) Non-Metropolitan Cities' Allocation. County agrees to allocate a
portion of CDBG program funds to the non-Metropolitan, incorporated
cities participating in the program. The amount of allocation per city
shall be equal to that which the urban county formula award from HUD
increases as a result of the HUD allocation formulas as applied by
County.
3) Special Urban Projects Fund. It is further agreed that County shall
set aside a portion of CDBG funds as a Special Urban Projects Fund,
available to all participating incorporated cities and the County in San
Luis Obispo County on a competitive basis. Amount of the Fund shall
5 00002'7
equal fifteen (15) percent of of the urban county formiula CDBG funding
after deducting the allocations for cities as described] in paragraphs 1
and 2 above. The Special Urban Projects Fund shall be awarded annually
by the County Board of Supervisors, following criteria developed jointly
by County and the cities participating in the program.
4) County allocation. City agrees that urban county formula CDBG funds
remaining after deducting allocations for cities and the Special Urban
Projects Fund comprise the County allocation.
B. Administrative and Public Services Costs. County hereby acknowledges
that City, as subrecipient, incurs certain administrative costs in
preparing housing and economic development plans, program planning,
management and accounting, professional support services, and other
reasonable and necessary expenses to carry out City's plsn; and further,
County agrees that after "pass through" of CDBG program funds to City,
County shall not use its remaining balance of funds in any way that would
limit City's ability to use its CDBG funds to the maximum extent allowed by
HUD for administrative, public service, or program purposes;;.
C. Income Generated. City shall notify the County of anyincome generated
by the expenditure of CDBG funds received by the City. Such program income
may be retained by City subject to the provisions of this Agreement, the
Act and its Regulations. Any program income retained must only be used for
eligible activities in accordance with all CDBG requirements as then apply.
D. Use of Program Income. County shall monitor the usel of any program
income, requiring appropriate record-keeping and reporting., by the City as
may be needed for this purpose, and shall report the use of such program
income to HUD. In the event of close-out or change of status of the City,
all program income on hand or received by the City subsequent to the
close-out or change of status shall be paid to the County.
E. Change in Use of Property. City shall notify the County of any
modification or change in the use of real property acquired or improved in
whole or in part using CDBG funds that is within the control of the City,
6 00002 ;
i
from that use planned at the time of acquisition or improvement including
disposition. Such notification shall be made within thirty (30) days of
such change of use.
F. Reimbursement Upon Sale or Transfer. City shall reimburse the County
in an amount equal to the current fair market value, less any portion
thereof attributable to expenditures of non-CDBG funds, of property
acquired or improved with CDBG funds that is sold or transferred for a use
which does not qualify under the Regulations. City shall inform the County
of such program income within thirty (30) days if the income results from
the sale or change of use of property acquired or improved with CDBG funds.
G. Fair Housing Implementation. Parties agree that no urban county
funding shall be allocated or expended for activities in or in support of
any cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction or that
impedes the County's actions to comply with its fair housing certification.
H. Conflict Resolution. In the event of disagreement or objections by
City or County as to the allocation, disbursement, use, or reimbursement of
CDBG funds, the Parties agree to accept HUD's binding arbitration and
written determination as to the appropriate resolution or disposition of
funds.
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, County and City shall enter into a Subrecipient Agreement, prepared
jointly by County and City, that will list the project(s) City will undertake
with its CDBG entitlement funds during that program year. Said agreement will
set forth the project changes, time schedule for completion of the project(s) ,
and additional funding sources, if any. If substantial compliance with the
completion schedule cannot be met by the City due to unforseen or
uncontrollable circumstances, the City may extend the schedule for project
completion, as allowed by federal regulations.
7 00UUi:9
B. Amendments. Parties agree that a fully executed amendment or
amendments to this Agreement may be entered into at any time if required or
necessary to implement the plans contemplated hereunder, or to comply with any
grant agreement or the regulations issued pursuant to the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with
the urban county's certification required by section 104 (b) of Title I of the
Housing and Community Development Act of 1974, as amended, including Title VI
of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I
of the Housing and Community Development Act of 1974; the National
Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; and other applicable laws.
B. Citizen Participation. Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91, and provide citizens with:
1) An estimate of the amount of CDBG funds proposed! to be used for
activities that will benefit persons of low and moderato income; and
2) A plan for minimizing displacement of persons as a result of CDBG
assisted activities and programs, and to provide assistance to such
persons.
C. Citizen Participation Plan. Parties agree to follow a citizen
D. participation plan which:
1) Provides for and encourages citizen participation, particularly
those of low or moderate income who reside in slum or blighted areas
where CDBG funds are proposed to be used;
2) Provides citizens with reasonable and timely access to local
meetings, staff reports, and other information relating to grantee's
proposed use of funds, as required by HUD regulations; related to the
actual use of funds under the Act;
3) Provides for public hearings to obtain citizen views and to respond
to proposals and questions at all stages of the community development
program, including at least: 1) formulation of needs; 2) review of
proposed grant activities; and 3) review of program performance; for
which public hearings shall be held after adequate notice, at times and
locations convenient to potential or actual beneficiaries, and with
accommodation for handicapped persons;
4) Provides for a timely written answer to written': complaints and
grievances, within 15 working days where practicable;
5) Identifies how the needs of non-English speaking residents will be
met in the case of public hearings where a significant number of non-
English speaking residents can be reasonably expected to participate.
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000030
D. Parties hereby certify, to the best of their knowledge and belief,
that:
1) Conflict of Interest. No federal grant monies have been paid or
will be paid, by or on behalf of the Parties, to any officer or employee
of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds
have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan
or cooperative agreement, the undersigned shall complete and submit
standard form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) Certification Disclosure. Parties agree to include this
certification in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) , and that all grant subrecipients shall
certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this
transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and
Regarding Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101-144, (the 1990 HUD
appropriations Act) , the Parties certify that they have adopted and are
enforcing:
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
2) A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which
is the subject of such non-violent civil rights demonstrations within
their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The CAO or the City Attorney are hereby authorized
to execute and submit to the County the HUD Certification Form with respect to
the community development activities carried out within the boundaries of the
City. It is further understood that the County will rely upon the
certifications executed by the CAO or City Attorney for purposes of executing
a certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of activities for
any projects undertaken pursuant to the program, and said records shall be
9 000031
open and available for inspection by auditors assigned by HUDand/or County on
reasonable notice during the normal business hours of the City.
IN WITNESS WHEREOF, the City Council of the City of Atascadero and the
Board of Supervisors of the County of San Luis Obispo have; authorized this
Cooperation Agreement and direct its execution by their respective chief
executive officers on this 25th day of June, 1996.
10 000032
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and
provisions of this Agreement are fully authorized under State and local law,
and that the Agreement provides full legal authority for the County to
undertake or assist in undertaking essential community development and housing
assistance activities, specifically urban renewal and publicly assisted
housing.
By:
James B. Lindholm, County Counsel
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Arther R. Montandon, City Attorney
COUNTY OF SAN LUIS OBISPO
By:
Chairman of the Board of Supervisors -
ATTEST:
Julie Rodewald, County Clerk
CITY OF ATASCADERO:
By:
George P. Highland, Mayor
ATTEST:
Lee Price, City Clerk
11 000033
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No B-1
Through: Andy'Takata, City Manager Meeting .Date: 6/25/96
From: Steven L. Decamp, City Planner
SUBJECT:
Continued consideration of an appeal of the Plannig Commission
determination that "Auto Repair and Service" is no an allowed
use in the "Downtown Commercial" zone. The subjeIse
t has been
expanded by the appellant to include a question rearding the
appellant' s legal right to undertake the proposed as a legal
non-conforming use.
RECOMMENDATION:
The Planning Commission recommends that the City Council deny the
appeal. Staff concurs with this recommendation.
BACKGROUND:
On May 25, 1996 the City Council heard an appeal ol the Planning
Commission denial of an appeal of a land use deternination
leading to a business license denial. The busineBE license would
.have ultimately allowed Nunes Auto Body to occupy the building
which most recently housed American Classics. The Planning
Commission unanimously denied the appeal.
The City Council continued this item on May 25, 1996 to allow for
additional research in the history of nand use at the site.
ANALYSIS:
Based upon staff' s research into the City' s files and ordinances,
and the staff' s recollection, the property at 5680 El Camino Real
has been utilized as follows:
1 . Until approximately November of 1985, the site was
occupied by Atascadero Ford. The use was classified as
"Vehicle Dealer and Supplies. " Atascade o Ford _
conducted automobile repair in addition to auto sales.
Auto repair was allowed under the Zoning rdinanee by
right because the use was a dealer of new vehicles
2 . "Sharp Motors" occupied the site after November 1985
selling used vehicles and also classified as "Vehicle
Dealer and Supplies . Because Sharp Motors was not a
new automobile dealer, automotive repair was not an
allowed activity.
000034
3 . On August 4, 1986, Conditional Use Permit 12-86 was
issued for a freeway sign at 5680 El Camino Real. At
that time the site was occupied by Sharp Motors and
AAMCO Transmission.
4 . No evidence of a Conditional Use Permit authorizing
AAMCO Transmission to conduct business as "Auto Repair
and Service" exists in the Community Development
Department files, application log, Planning Commission
agendas, or Planning Commission minutes. At that time,
"Auto Repair and Service" in the Commercial Retail'
zoning district could only be approved by Conditional
Use Permit.
5 No evidence of a business license for AAMCO
Transmission exists in the City' s files. Business
License files for "out-of-business" or defunct
businesses prior to 1989 have been purged by the
Finance Department. The application log maintained by
the Community Development during 1986 and 1987 does not,
contain a listing for AAMCO Transmission.
b AAMCO Transmission closed their business in November of
1988.
7 . The license issued-for "American Classics" on April 24,
1989 was for "Vehicle Dealer and Supplies" as defined
by the City' s Zoning Ordinance. The applicant advised
staff that the business would not engage in auto repair
as had the previous tenant.
8. "American Classics" became- a legal non-conforming use
in January 1991 with the adoption of Zoning Ordinance
amendments in conformance with the Downtown Element of
the General Pian. '
8 The Atascadero Zoning Ordinance has, since its adoption
in 1982, distinguished between and contained separate
definitions of "Vehicle Dealers and Supplies" and "Auto
Repair and Service" as land use categories .
9 . In March of '1996 American Classics filed an application
to amend its business license to include "Auto Repair
and Service" which is the subject of this appeal.
10. "Auto Repair and Service is not listed as an allowed
or conditionally allowed use in the Downtown zoning
district.
CONCLUSION
Staff believes that the above facts regarding the history of the
use of the site supporta denial of the appeal.
000 03.5
REPORT TO CITY COUNCIL: nEM: C-1
DATE: 6/25/96
FROM: BRADY CHERRY, DIRECTOR OF COMMUNI-fY SERVICES
THROUGH: ANDREW J. TAKATA, CITY MANAGER
SUBJECT:
LEASE OF THE ATASCADERO, LAKE PAVILION BASEMENT To T RE LOS PADRES
COUNCIL BOYS SCOUT OF AMERICA
RECOMMENDATION
Recommend adoption of Resolution # 58-96, approving a lease between the City of
Atascadero and two Co-Tenants representing Los Padres Council, Boy Scouts of
America, for the improvements to, and the tenancy of, the Atascadero Lake Pavilion
Basement.
DISCUSSION:
When the Atascadero Lake Pavilion was built, the roomy basemer t was not designed
for public occupancy; however, due to the size and nature of this space, it would
provide an excellent multi-purpose room if some improvements w�re made. The
basement is approximately 2,000 square feet and has a concrete J loor, lighting,
finished walls and fire sprinklers.
Allowing public use of the Pavilion basement for this purpose seei ns to be a relatively
simple process at first glance. However, in researching the costs to convert this room
for public use, staff found that significant improvements would h�ive to be made in
order to meet Building Code requirements for fire and safety stan ards.
Unfortunately, we would not be able to use the facility in its current condition.
Larry Adams, Director Executive for the Los Padres Council, Boys Scouts of America
approached the Department of Community.Services to inquire ab ut the possibility of
improving this space and leasing it as a Boy Scout meeting and training facility.
Staff informed Mr. Adams that estimates for the improvements were approximately
$2 1,000, and that the project would need to be completed prior to any occupancy by
the general public. The improvements that need to be completed prior.to public use
would include heating and air conditioning, flooring, ceiling, insulation, lighting,
electrical and fire sprinkler modifications.
Armed with this information, Mr. Adams secured local businessmen and contractors
to assist in the project and is now prepared to enter into an agreement with the City
of Atascadero for the improvement and long-term lease of the Pavilion basement.
Development of the Pavilion basement will benefit both the City and the Boy Scouts.
The space would be used by the Boy Scouts at selected times with all other hours
00003C
available to use for City programs. The days and hours of proposed use by the Boy
Scouts will be:
Monday through Friday 2:30 - 5:00 p.m.
Tuesday, Wednesday &Thursday 6:45 - 10:00 p.m.
Saturdays 7:00 a.m. - 5:00 p.m.
The Boys Scouts would be able to usethe room at other times at no'cost depending
on availability. City programs could be located in the basement at other times. In
addition, during the times that are reserved for the Boy Scouts, the City of
Atascadero will have the right to use the space when not in use by the Boy Scouts.
The lease agreement will be entered between the City and three Co-tenants, who are
sponsors of local Atascadero Boy Scout Troops. As Boys Scouts of America will not
enter into local lease agreements, it was necessary to have the sponsors be the
tenants of record. The Co-Tenants will be the Zoological Society of San Luis Obispo,
representing Explorer Post 110, BSA; KIQO-Pure Gold-Oldies 104 FM, representing
Troop 104, BSA; and Knights of Columbus, Santa Lucia Council #3648, representing
Troop 155, BSA. All communication between the City and the Co-tenants will be
conducted solely through Larry Adams, District Executive, Los Padres Council.
On Thursday, February 15, 1996, the Atascadero Parks and Recreation Commission
voted unanimously to recommend approval of this lease arrangement.
FINANCIAL IMPACTS
There will be no financial impact on the City of Atascadero as a result of the use of
the Pavilion basement by the Los Padres Council, Boys Scouts of America. The Los
Padres Council, Boys Scouts of America, will be responsible to pay for the utility
costs in proportion to the time and amount of space leased.
The Boys Scouts will be responsible for janitorial maintenance of the space, as well as
other types of interior maintenance.
00003"7
PAVILION BASEMENT REMODELING
REPORT
Description
The following report outlines an approximate cost for remodeling the basement of the
Atascadero Lake Pavilion. The costs are approximate and were attained through phone
quotations from local contractors and vendors. It was assumed that the basement would
be utilized in a multi-purpose capacity for a variety of functions, including meetings and
exercise classes, and a portion of the basement would be separated for storage. The
basement multi-purpose room would be approximately 1,620 square feet. It was also
assumed that any use would be approved by the Community Development Department and
all work would meet current building codes.
A breakdown by specific area to be completed is:
Flooring
1,000 sq. ft. of wood flooring $ 1,000.00 available from a Recreation
Instructor
620 sq. ft. of carpet $ 1,200.00 Commercial grade
Ceilin
1,620 sq. ft. of acoustic ceiling installed $ 2,320.00 Installed by local contractor
ire Sprinkler modification $ 1,350.00 Modifications required due to
lowering of ceiling
insulation $ 750.00
Divider Wall
Materials including drywall and 2x4's $ 350.00 Wall separating storage area
Electrical could be built by staff
Materials $ 200.00 Additional wall outlets to
Lighting be installed by staff
8 suspended fluorescent lighting fixtures $ 400.00 Modification due to lowering
Installation by electrician $ 200.00 of the ceiling
Heating/ Air Conditioning
Design, purchase and installation of $11,000.00 Quoted by Don from McBrides
heating and air conditioning units installer of the existing
Pavilion ventilation system.
Architectural Drawings
Complete set of drawings per $ 2,500.00 Quote attained from local
permit requirements architect
Total $ 21,270.00
000038
LEASE AGREEMENT
This Lease Agreement is made and entered into this date
by and between the City of Atascadero, a Municipal Corporation, organized and existing
under the general laws of the State of California, hereinafter referred to as "Landlord",
and Los Padres Council, Boy Scouts of America, a California Non-Profit Corporation,
hereinafter referred to as "Tenant."
1. PARTIES
1.1 Landlord
1.1.1 The Landlord is the City of Atascadero, California, whose mailing
address and physical address for notice under the terms of this Agreement as follows:
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1.2 Tenant
1.2.1 The s tenant i Los Padres Council Boy Scouts of America a
California Non-Profit Corporation, whose mailing address and physical address for
notice under the terms of this Agreement is as follows:
Los Padres Council, Boy Scouts of America
1123 Mill Street
San Luis Obispo, CA 93401
2. LEASE PREMISES
2.1 Description of Premises
2.1.1 As used herein, the terms "premises" or "leased premises" shall
mean the building and real property described in "Exhibit A" attached hereto, and which
is hereby incorporated herein. Unless the context otherwise requires, such terms shall
include the building and other improvements presently existing or to be constructed in
which the premises are or will be situated, and all fixtures heretofore or hereafter to be
installed by Landlord therein.
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000040
RESOLUTION NUMBER 58-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
CO-TENANTS: KIQO-PURE GOLD-OLDIES 104 FM AND KNIGHTS OF COLUMBUS
FOR
LEASE OF THE ATASCADERO LAKE PAVILION BASEMENT
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with the Co-tenants KIQO Pure Gold-Oldies 104 FM and
Knights of Columbus (KOC) for lease of the Atascadero
Lake Pavilion.
2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical 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 25th of —June—1 1996.
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
0000,11
LEASE AGREEMENT
This Lease Agreement is made and entered into this date by
and between the City of Atascadero, a Municipal Corporation, organized and existing under
the general laws of the State of California, hereinafter referred to as "Landlord", and Charter
Organizations (Sponsors) for Boy Scouts (Units/Troops) of America Non-profit
Organizations in California, hereafter are referred to as "Tenant(s) or Cb-Tenants".
1. PARTIES
1.1 Landlord
1.1.1 The Landlord is the City of Atascadero, California, whose mailing
address and physical address for notice under the terms of this Agreement as follows:
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1.2 Tenant
1.2.1 The tenant(s) hereafter shall be referred to as "Cotenants" of this lease
agreement. The Co-tenants are Chartering Organizations (Sl2onsors) for select Boy Scouts
LUn i ts/Troops/Posts) of America (BSA) within the Los Padres BSA Council which are
Non-Profit Organizations of Atascadero, California, whose mailing address's and physical
address's for notice under the terms of this Agreement are as follows:
1.2.1.2 Co-tenant: KIQO-Pure Gold-Oldies 104 FM
Attention: Troop 104, BSA
P.O. Box 6028
Atascadero, CA 03423
1.2.1.3 Co-Tenant: Knights of Columbus (KOC)
Santa Lucia Council #3648
Attention: Troop 155, BSA
P.O. Box 810
Atascadero, CA 93423
1
0000,12
2. LEASE PREMISES
2.1 Description of Premises
2.1.1 As used herein, the terms "premises" or "leased premises" shall mean
the building and real property described in "Exhibit A" attached hereto, and which is hereby
incorporated herein. Unless the context otherwise requires, such terms shall include the
building and other improvements presently existing or to be constructed in which the
premises are or will be situated, and all fixtures heretofore or hereafter to be installed by
Landlord therein.
2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have
the non-exclusive right to use the premise, together with such easements for ingress and
egress as are necessary for Tenant's use and occupancy of the leased premises.
2.2 Parking Facilities
Tenant acknowledges and agrees that any parking spaces provided by Landlord
in and around the building or the leased premises are solely for the convenience of the clients
of Tenant or its members, unless otherwise specifically designated by the Landlord in
writing. Landlord shall have the right to establish and enforce reasonable rules and
regulations concerning the use of the parking area.
3. TERM OF LEASE
The term of this Lease shall begin on July 1, 1996 . Subject to extension or sooner
termination as hereinafter provided, this Lease shall continue for the term of twenty (20)
years.
4. RENTAL
4.1 Minimum Annual Rent
4.1.1 Tenant agrees to pay to Landlord a minimum annual rent of$1.00
during each year of the term of this Lease. The annual rent shall be due and payable on the
January 15th of each year. All rents shall be paid in lawful money of the United States at
the location designated in Section 1.1.1 and at such place as Landlord shall designate to
Tenant from time to time in writing.
4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby
incorporated herein, the minimum annual rent shall be adjusted at the times and in the
manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum annual
rent, as so adjusted, at the times and in the manner provided by this Lease.
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4.1.3 Should Tenant fail to make any payment of rent Within ten (10)
calendar days of the date when such payment first becomes due, or should any check
tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then
Tenant shall pay to Landlord, in addition to such rental payment, a latecharge in the amount
of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of
the amount necessary to reimburse Landlord damages and additional costs not contemplated
by this Lease that Landlord will incur as a result of the delinquent payment or returned
check, including processing and accounting charges and late charges that may be imposed on
Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire
amount then due, including such late charge, shall thereafter bear interest at the rate of
fifteen percent (15%) until paid in full.
S. INTENTION OF PARTIES• NEGATION OF PARTNERSHIP
Nothing in this Lease is intended and no provision of this Lease shall be construed to
make Landlord a partner of or a joint venturer with Tenant, or associated in any other way
with Tenant in the operation of the leased premises, or to subject Landlord to any obligation,
loss, charge or expense resulting from or attributable to Tenant's operation or use of the
premises.
6. PROPERTY TAXES AND ASSESSMENTS
6.1 Personal Property Taxes
Tenant shall ay, before delinquency, all
taxes assessed against any personal
property of Tenant installed or located in or upon the leased premises and that become
payable during the term of this Lease.
6.2 Real Property Taxes
6.2. 1 In addition to all other rent payable by Tenant hereunder, Tenant agrees
toa
p y as additional rent its proportionate share of real property taxes, if any, or any
increases in real property taxes over taxes paid in the first year of this Lease, levied or
assessed against the land and the building in which the leased premises are situated. Real
property taxes for any fractional portion of a fiscal year included in the lease shall be
prorated on the basis of a 360-day year.
6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of
the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the
amount payable by Tenant at the time and in the manner provided for the payment of rent.
3
6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay
any possessory interest tax which may be levied as a result of Tenant's possessory interest in
this leasehold. Possessory interest means any interest described in Section 107 of the
California Revenue and Taxation Code, or successor statute, and includes any interest
described in Section 107.4 of the same Code, or its successor statute. This section is deemed
to comply with Section 107.6 of the same code.
6.3 Taxes Defined; Special Assessments
The term "real property taxes", as used in this Section, shall mean and include
all taxes, assessments, and other governmental charges, general and special, ordinary and
extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part
of the building and other improvements and the land of which the leased premises are a part,
including but not limited to assessment for public improvements, benefits or facilities
(including parking district assessments) which shall be levied or assessed against the land
and/or building or any part thereof, but excluding franchise, estate, inheritance, succession,
capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time
during the term of this Lease, under the laws of California, or any political subdivision
thereof in which the leased premises are situated, a tax or excise or rents or other tax,
however described, is levied or assessed against Landlord on account of the rent expressly
reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or
imposed by California or such political subdivision on land and/or buildings, such tax or
excise shall be included within the definition of "real property taxes," but only to the extent
of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's
ownership of this Lease or of the rental accruing under this Lease. With respect to any
assessment which may be levied against or upon the building, land or improvements of which
the leased premises are a part, and which under the laws then in force may be evidenced by
improvement or other bonds, or may be paid in annual installments, Tenant shall be required
to pay each year only the amount of such annual installment or portion thereof as Landlord
shall be required to pay during such year (with appropriate proration for any partial year)
and shall have no obligation to continue such payments after the termination of this Lease.
7. LANDLORD'S MANAGEMENT OF BUILDING
7.1 Management. of Building
Landlord shall have the right, in its sole discretion, to:
7.1. 1 Close the premises when and to the extent necessary for maintenance or
renovation purposes; and
7. 1.2 To change the plan of the building to the extent necessary for its
expansion, or the remodeling or renovation thereof, so long as the changes do not
substantially interfere with ingress to and egress from or the location of the leased premises.
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7.2 Rules and Regulations
Landlord shall have the right from time to time to promulgate, amend and
enforce against Tenant and all persons upon the leased premises, reasonable rules and
regulations for the safety, care and cleanliness of the premises and the building or for the
preservation of good order; provided, however, that all such rules and regulations shall apply
substantially equally and without discrimination, and no such rule or regulation shall require
Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and
regulations, and a violation of any of them shall constitute a default by 'Tenant under this
Lease.
8. USE; LIMITATIONS ON USE
8.1 Tenant's Use of Premises
Tenant agrees that the leased premises shall be used and occupied only for the
purpose specified herein which is: to maintain a meeting location and training center for local
Boy Scout Troops, and for no other purpose or purposes without Landlord's prior written
consent. Tenant agrees diligently to conduct its business operations in all of the leased
premises regularly and continuously during the term hereof.
8.2 Limitations on Use
Tenant's use of the leased premises shall be in accordance with the following
requirements:
8.2.1 Days and Hours of Tenancy. The Day and Hours of Tenancy will be
limited to:
Monday through Friday 2:30 p.m. to 5:00 p.m.
Monday through Thursday 6:45 p.m. to 10:00 p.m.
Saturdays 7:00 a.m. to 5:00 p.m.
Requests for additional hours of use for the Pavilion Basement will be subject to availability
and will be allowed at no additional cost. Requests for additional hours': must be submitted in
advance in writing to the Department of Community Services.
8.2.2 Insurance Hazards. Tenant shall neither engage in nor permit others
to engage in any activity or conduct that will cause the cancellation of or an increase in the
premium for any fire insurance maintained by Landlord, and will pay any increase in the fire
insurance premiums attributable to Tenant's particular use of the leased {premises. Tenant
shall, at Tenant's sole cost, comply with all requirements of any insurance organization or
company pertaining to the use of the premises necessary for the maintenance of reasonable
fire and public liability insurance covering the building.
5
000046
i
8.2.3 Compliance with Law. Tenant shall, at Tenant's sole cost and
expense, comply with all of the requirements, ordinances and statutes of all municipal, state
and federal authorities now in force, or which may hereafter be in force, pertaining to the
leased premises and the use and occupancy thereof by Tenant. The judgment of any court of
competent jurisdiction, or the admission of Tenant in any action or proceeding against
Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such
ordinances or statutes in the use of the premises shall be conclusive of that fact as between
Landlord and Tenant.
8.2.4 Waste; Nuisance. Tenant shall not commit, or suffer to be committed,
any waste of the leased premises, or any nuisance or other unreasonable annoyance which
may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or
properties.
9. ALTERATIONS
9.1 Change by Tenant
9.1.1 Required improvements tenant agrees to pay for all materials and labor
to make improvements to the leased premises described in "Exhibit B" attached hereto and
which is hereby incorporated herein. Tenant also agrees to secure all appropriate building
permits and comply with all relevant state and local requirements prior to occupancy.
9.1.2 Any alterations, additions, improvements or changes, including any
remodeling or redecorating, that Tenant may desire to make in, to or upon the leased
premises, shall be made at Tenant's sole cost and expense and in compliance with all
applicable governmental requirements. All such alterations and improvements shall be made
only after first submitting the plans and specifications therefor to Landlord and obtaining the
consent of Landlord thereto in writing. Any such alterations or improvements shall at once
become a part of the leased premises and, unless Landlord exercises its right to require
Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered
to Landlord upon the expiration or sooner termination of this Lease.
9.2 Mechanics' Liens
Tenant agrees to keep the leased premises and any improvements thereon at all
times free of mechanics' liens and other liens for labor, services, supplies, equipment or
material purchased by or directly or indirectly furnished to Tenant.
6
0000,17
10. UTILITIES
10.1 Tenant shall make all arrangements for and shall pay metered amount or a pro-
rated portion of the utilities including gas and electricity supplied to the Ileased premises
during the entire term of this Lease, and shall promptly pay all connection and termination
charges therefor.
10.2 The suspension or interruption in utility services to the leased premises for
reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or
entitle Tenant to any reduction or abatement of rent.
11. TENANT'S PERSONAL PROPERTY
11.1 Installation of Pro ert
p v
Landlord shall have no interest in any removable equipment, furniture or trade
fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and
expense of Tenant, other than heating, ventilating and air conditioning equipment installed in
or affixed to the leased premises or the building in which they are situated. Prior to creating
or permitting the creation of any lien or security or reversionary interest, in any removal
personal property to be placed in or upon the leased premises, Tenant shall obtain the written
agreement of the party holding such interest to make such repairs necessitated by the removal
of such property and any damage resulting therefrom as may be necessary to restore the
leased premises to good condition and repair, excepting only reasonable wear and tear, in the
event said property is thereafter removed from the leased premises by said party, or by any
agent or representative thereof or purchaser therefrom, pursuant to the exercise or
enforcement of any rights incident to the interest so created, without any cost or expense to
Landlord.
11.2 Removal of Personal Property
Provided that Tenant is not then in default, at the expiration of this Lease,
Tenant shall have the right to remove at its own cost and expense all removable equipment,
furniture or trade fixtures owned by or installed at the expense of Tenant on the leased
premises during the term of this Lease, other than any heating, ventilating or air conditioning
equipment installed by Tenant. All such personal property shall be removed prior to the
close of business on the last day of the lease term, and Tenant shall make such repairs
necessitated by the removal of said property and any damage resulting therefrom as may be
necessary to restore the leased premises to good condition and repair, excepting only
reasonable wear and tear. Any such property not so removed shall be deemed to have been
abandoned or, at the option of Landlord, shall be removed and placed in storage for the
account and at the cost and expense of Tenant.
0000,18
12. CARE AND MAINTENANCE
12.1 Landlord's Maintenance
Except as otherwise provided in this Lease, Landlord agrees to maintain in
good condition and repair, at the sole cost and expense of Landlord, (1) the structural
components of the building and improvements in which the leased premises are located,
which structural components are limited to the foundations, bearing and exterior walls (and
any plumbing or wiring encased therein), sub-flooring and roof; and (2) common areas and
the exterior of the leased premises; and (3) any heating, ventilating and air conditioning
systems furnished by Landlord to the leased premises.
12.2. Tenant's Maintenance
12.2.1 Except as otherwise provided in this Lease, Tenant at its own
cost and expense, agrees:
A. To maintain throughout the lease term in good and sanitary order,
condition, and repair, all portions of the leased premises, including, without limitation, (a)
the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and
wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal
property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating
or air conditioning equipment installed by Tenant in or upon the leased premises.
B. To notify Landlord promptly of any damage to the leased premises or
the building in which they are situated resulting from or attributable to the acts or omissions
of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all
such damage at Tenant's sole cost and expense.
C. To provide janitorial services for the interior of the leased premises.
12.2.2 Tenant waives the provisions of Section 1941 and 1942 of the
California Civil Code with respect to Tenant's right to make repairs and to deduct the
expenses thereof from the rent payable by Tenant.
12.2.3 Landlord shall provide janitorial and trash collection services to
the common and exterior areas of leased premises. Tenant shall provide janitorial and trash
collection services to the interior areas of the leased premises.
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000049
13. INDEMNITY AND INSURANCE
13.1 Indemnification Agreement.
This Lease is made upon the express condition that Landlord is to be free from
all liability and claims for damages by reason of any injury to any person and damage to any
property (including Tenant's), resulting from any cause whatsoever while, in, upon, about,
or in any way connected with the leased premises are located during the term of this Lease,
including without limitation, damage or injury caused by the elements or from breakage,
leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning,
or other electrical or mechanical fixtures or equipment, excluding only any damage or injury
caused by the breach by Landlord of a duty imposed by law or under this Lease. Tenant
hereby waives all claims against Landlord for, and agrees to indemnify 'and hold Landlord
harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any
injury or damage to persons or property resulting from or attributable to the fault or neglect
of Tenant.
13.2 Public Liability and Property Damage
13.2.1 Insurance Coverage. Tenant agrees to maintain in force
throughout the term hereof, at Tenant's sole cost and expense, such insurance, including
liability insurance against any liability to the public incident to the use of or resulting from
any accident occurring in or about the leased premises, of the types and+initially with the
limits of liability specified in the Basic Provisions. Such policies shall insure the contingent
liability of Landlord and the performance by Tenant of its indemnity obligations under this
Lease. Landlord shall be named as an additional insured in each policy, and each policy
shall contain cross-liability endorsements. The initial amount of coverage shall be
$1,000,000.
13.2.2 Adjustment to Coverage. Tenant further agrees to review the
amount of its insurance coverage with Landlord every three (3) years to the end that the
protection coverage afforded thereby shall be in proportion to the protection coverage
afforded at the commencement of this Lease. If the parties are unable to agree upon the
amount of said coverage prior to the expiration of each such three (3) year period, then the
amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of
coverage recommended in writing by an insurance broker selected by Landlord.
9
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13.3 Proof of Insurance
Each policy of insurance required of Tenant by this Lease shall be a primary
policy, issued by an insurance company reasonably satisfactory to Landlord, and shall
contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord
before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a
certificate of the policy, together with evidence of the payment of premiums, shall be
deposited with Landlord at the commencement of the initial term of this Lease, and at the
commencement of any renewal term.
13.4 Landlord's Insurance
13.4.1 Landlord shall maintain a program of insurance on the building
in which the leased premises are situated, insuring against loss by fire and the perils covered
by an extended coverage endorsement, and public liability insurance insuring against personal
injury and property damage in the amounts not less than the fair market value of the
building.
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14. DAMAGE OR DESTRUCTION
14.1 Landlord to Repair
- P�
Should the leased premises or the building and other improvements in which
the premises are situated be totally or partially damaged or destroyed, Landlord shall
promptly repair the same, except that Landlord shall have the option to terminate this Lease
if (a) the leased premises or the building and improvements in which the premises are
situated cannot reasonably be expected to be restored under existing law to substantially the
same condition as existed prior to such damage or destruction within ninety (90) days from
the date that the insurance proceeds become available to Landlord; or (b) if the costs of such
restoration would exceed one-half (1/2) of the full insured value of the building and other
improvements in which the leased premises are situated; or (c) if the damage or destruction
results from a casualty not customarily insured against by a policy of standard fire and
extended coverage insurance having vandalism and malicious mischief endorsements. Any
notice of termination given hereunder shall be given to Tenant within fifteen (15) days after
Landlord determines the period of time required for and the estimated costs of such repair or
restoration.
14.2 Termination; Abatement of Rent
14.2. 1 This Lease shall not be terminated by any damage to or
destruction of the leased premises or the building and other improvements of which the
premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant
to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of
Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage
or destruction.
14.2.2 Should the leased premises be damaged or destroyed at any time
during the term of this Lease, there shall be an abatement or reduction of the minimum
monthly rent between the date of destruction and the date of completion of restoration, based
on the extent to which the destruction interferes with Tenant's use of ft leased premises. In
the event that any repairs or restoration of the leased premises permitted or required by
Landlord are of such a nature that they cannot reasonably be expected toi be substantially
completed within 270 days from the date any insurance proceeds first become available to
Landlord, then Tenant shall have the right to terminate this Lease by giving notice of
termination to Landlord, specifying the effective date thereof, within ten (10) days after the
period required to restore the premises has been determined.
14.2.3 Should then-applicable laws or zoning ordinances preclude the
restoration or replacement of the leased premises in the manner hereinbefore provided, then
Landlord shall have the right to terminate this Lease immediately by giving written notice of
termination to Tenant.
11
c i
000052
15. ASSIGNING. SUBLETTING AND HYPOTHECATING
15.1 Voluntary Transfers
Tenant shall not sell, transfer or assign this Lease or any part thereof, or
interest therein, or hypothecate or grant any rights hereunder, or create or permit any
subleases for the leased premises.
16. DEFAULT BY TENANT; LANDLORD'S REMEDIES
16.1 Insolvency of Tenant.
If during the term of this Lease (a) the Tenant shall make an assignment for
the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against
the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt,
or the extension of time of payment, composition, adjustment, modification, settlement or
satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be
subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be
appointed for the leased premises by reason of the insolvency or alleged insolvency of the
Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a
timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever
shall later occur; or (d) any department of the state or federal government, or any officer
thereof duly authorized shall take possession of the leased premises and the improvements
thereon by reason of the insolvency of the Tenant and the taking of possession shall be
followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of Tenant,
then upon the occurrence of any such contingency, Landlord shall be entitled to terminate
this Lease for breach thereof by Tenant by giving written notice of termination and the same
shall expire as fully and completely as if the day of such notice were the date herein
specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit
and surrender the leased premises and the improvements thereon to Landlord, but the Tenant
shall remain liable as hereinafter provided.
16.2 Breach of Covenant, Abandonment, Etc.
If during the term of this Lease, Tenant (a) shall make default in fulfilling any
of the covenants or conditions of this Lease (other than the covenants for the payment of rent
or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises,
then the Landlord may give the Tenant notice of such default or of the happening of any
contingency in this paragraph referred to, and if at the expiration of ten (10) days after the
service of such notice the default or contingency upon which said notice was based shall
continue to exist, or in the case of a default or contingency which cannot with due diligence
be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the
service of such notice to prosecute the curing Of such default with all due diligence within a
reasonable period of time, the Landlord may terminate this Lease and upon such termination,
12 �.
000053
the Tenant shall quit and surrender the leased premises and the improvements thereon to the
Landlord, but the Tenant shall remain liable as hereinafter provided.
16.3 Failure to Pay Rent, Etc.
If the Tenant shall make default in the payment of the rent expressly reserved
hereunder, or any part of the same, or shall make default in the payment of any other rent or
charge required to be paid by the Tenant hereunder or any part of the same, and such default
shall continue for three (3) days after notice thereof by the Landlord, the Landlord may
terminate this Lease and upon such termination, the Tenant shall quit and surrender the
leased premises and the improvements thereon to the Landlord, but the 'Tenant shall remain
liable as hereinafter provided.
16.4 Termination of Lease
It is understood and agreed that all the covenants and conditions of this Lease
herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the
same, Landlord may at any time thereafter at Landlord's option, forfeit 'this Lease and any
holding over thereafter by Tenant shall be construed to be a tenancy from month to month
only, for the same rental payable in the same manner as provided elsewhere in this Lease. It
is further agreed that in the event of any breach of this Lease by Tenant, then Landlord,
besides any other rights or remedies Landlord may have, shall have the immediate right of
re-entry and may remove all persons and property from the premises.
16.5 Landlord's Damages
If Tenant breaches this Lease and abandons the premises before the end of the
term, or if Tenant's right of possession is terminated by Landlord because of breach of this
Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any
such case, Landlord may recover from Tenant all damages suffered by Landlord as a result
of Tenant's failure to perform Tenant's obligations hereunder, including;,but not restricted to,
the worth at the time of the award (computed in accordance with paragraph (b) of Section
1951.2 of the California Civil Code) of the amount by which the rent than unpaid hereunder
for the balance of the Lease term exceeds the amount of such rental loss for the same period
which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that
even though Tenant has breached this Lease and abandoned the property;, the Lease may
continue in effect for so long as Landlord does not terminate the Tenant°s right to possession,
and the Landlord may enforce all of the rights and remedies under this Lease, including the
right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b)
of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or
take away the right of the Landlord to seek and obtain such equitable relief against Tenant as
may be appropriate.
13
0000!111
16.6 Remedies Not Exclusive
The Landlord, in addition to the rights hereinbefore given in case of Tenant's
breach or default, may pursue any other remedy available to Landlord at law or in equity.
17. POWER OF RECEIVER
Upon a default by Tenant, Landlord shall have the right to obtain the appointment of
a receiver to take possession of the leased premises and/or to collect the rents or profits
derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be
necessary or convenient in order to collect such rents and profits, conduct the business then
being carried on by Tenant on said premises and that said receiver may take possession of
any personal property belonging to Tenant and used in the
conduct of such business, and may use the same in conducting such business on the premises
without compensation to Tenant for such use. Neither the application for nor the
appointment of such a receiver shall be construed as an election on Landlord's part to
terminate this Lease unless a written notice of such intention is given by Landlord.
18. LANDLORD'S RIGHT TO CURE DEFAULTS
Landlord, at any time after Tenant commits a default in the performance of any of
Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such
default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by
Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring
Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid
or incurred by Landlord in order to prepare and post or deliver any notice permitted or
required by the provisions of this Lease or otherwise permitted or contemplated by law, then
the amount so paid or incurred by Landlord shall be immediately due and payable to
Landlord by Tenant as additional rent.
19. WAIVER OF BREACH
Any waiver, express or implied, by any party hereto, of any breach by any party of
any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any
subsequent breach of the same or any other term or provision hereof. The acceptance by
Landlord of delinquent rent shall not constitute a waiver of any other default and shall
constitute only a waiver of timely payment of the amount so received.
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000055
i'
20. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain any sign or signs, if legally permitted,
at a location on the exterior of the leased premises. No other signs, advertisements, notices
or other exterior decoration or personal property of Tenant shall be placed upon or displayed
by Tenant on any part of the building or the windows of the leased premises, or upon or
about the exterior of the leased premises.
21. LANDLORD'S ENTRY ON PREMISES
21.1 Right of Entcy
Landlord and its authorized representatives shall have the;;right to enter the
premises at all reasonable times with 24 hours notice for any of the following purposes:
21.1.1 To determine whether the premises are in good condition and
whether Tenant is complying with its obligations under this Lease;
21.1.2 To do any necessary maintenance, repairs, ,;restoration or
remodeling to the building or the premises that Landlord has the right or obligation to
perform;
21.1.3 To serve, post, or keep posted any notices required or allowed
under the provisions of this Lease, including "for rent" or "for lease" notices during the last
three months of this Lease, or during any period while Tenant is in default, and any notices
provided by law for the protection of Landlord's interest in the leased ptemises; and
21.1.4 To shore the foundations, footings, and walls of the building and
to erect scaffolding and protective barricades around and about the buildling, but not so as to
prevent entry to the premises, and to do any other act or thing necessary for the safety or
preservation of the premises and the building if any excavation or other construction is
undertaken or is about to be undertaken on any adjacent property or area;
21. 1.5 To gather information including measurement, prepare floor
plans, etc., for the purpose of performing architectural design work for the remodeling
and/or rehabilitation of the building and premises.
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21.2 Exercise of Right
Landlord shall exercise its rights under this Section in a manner that will not
interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that
Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to
an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and
activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be
liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or
other damage arising out of Landlord's entry on the premises as provided herein, except
damage resulting from the acts or omissions of Landlord or its authorized representatives.
22. SALE OR TRANSFER OF PREMISES
If Landlord sells or transfers all or any portion of the premises, or the building,
improvements and land of which the leased premises are a part, then Landlord, on
consummation of the sale or transfer, shall be released from any liability thereafter accruing
under this Lease.
23. SURRENDER ON TERMINATION• HOLDING OVER
23.1 Surrender of Premises
Tenant agrees to return the leased premises (except removable trade fixtures,
furniture and equipment owned or installed by Tenant), to Landlord at the expiration or
sooner termination of the lease term, in good condition and repair, reasonable wear and tear
excepted. Should the Tenant hold the leased premises with the consent of Landlord after the
expiration of the term of this Lease, then such holding over shall be construed to be only a
tenancy from month-to-month and subject to all of the conditions and agreements herein
contained.
23.2 Removal of Alterations
Landlord, by giving written notice to Tenant within ten (10) days before the
expiration or termination of the Lease, may elect to require Tenant to remove any alterations
that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and
expense, shall remove the alterations specified by Landlord in its notice, and shall make such
repairs necessitated by the removal of said alterations, and any damage resulting therefrom,
as may be necessary to restore the leased premises to good condition and repair, excepting
only reasonable wear and tear, before the last day of the Lease term or within thirty (30)
days of Landlord's notice, whichever is later.
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24. NOTICES
All notices hereunder shall be in writing and shall be deemed to have been given upon
personal delivery or on the second (2nd) business day following the date on which sent by
mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above
unless changed in writing effective upon written notice to each party to this Lease.
25. JOINT AND SEVERAL LIABILITY
Each person or entity named as a Tenant in this Lease, or who hereafter becomes a
Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be
jointly and severally liable for the full and faithful performance of each and every covenant
and obligation required to be performed by Tenant under the provisions+of this Lease.
26. BINDING ON SUCCESSORS ETC
Landlord and Tenant agree that each of the terms, conditions, and obligations of this
Lease shall extend to and bind, or inure to the benefit of (as the case m4y require), the
respective parties hereto, and each and every one of their respective heirs, executors,
administrators, representatives, successors and assigns.
27. ATTORNEYS' FEES
In the event that any legal action is instituted by either of the parities hereto to enforce
or construe any of the terms, conditions or covenants of this Lease, or the validity thereof,
the party prevailing in any such action shall be entitled to recover from the other party all
court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees
incurred in enforcing any judgment entered therein.
28. PARTIAL INVALIDITY
If any term or provision of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or
the application of such term or provision to persons or circumstances other than those to
which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Lease shall be valid and be enforceable to the fullest extent permitted by
law.
29. COMPLETE AGREEMENT
This Lease, and the attachments and exhibits hereto, constitute the entire agreement
between the parties and may not be altered, amended, modified or extended except by an
instrument in writing signed by the parties hereto. The parties respectively acknowledge and
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agree that neither has made any representations or warranties to the other not expressly set
forth herein.
30. CO-TENANT REPRESENTATION TO LANDLORD
By entering into the lease agreement, the Co-Tenants acknowledge and agree that they
will communicate with the landlord through a representative of the Los Padres Council, Boy
Scouts of America.
IN WITNESS WHEREOF, the parties (Co-tenants) hereto have executed this Lease
on the date set forth opposite their respective names.
Date: By:
Co-tenant (Sponsor) for Troop 104, BSA
Mrs. Virginia Brill, Charter Organization Rep.
KIQO - Pure Gold Oldies 104 FM, Atascadero
Date: By:
Co-tenant (Sponsor) for Troop 155, BSA
Thomas Parks, Charter Organization Rep.
Knights of Columbus, Atascadero
Attest: LANDLORD, CITY OF ATASCADERO
By:
LEE PRICE GEORGE P. HIGHLAND,
City Clerk Mayor
Approved as to form:
ARTHER R. MONTANDON,
City Attorney
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EXHIBIT A
DESCRIPTION OF LEASED PREMISES:
A portion of The Basement of the Atascadero Lake Pavilion Building.
ADDRESS: 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET: 1620 Square Feet
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EXHIBIT B
Tenancy to begin: July 1, 1996
Tenant improvements to be completed by:on or about September 1, 1996.
Tenant improvements to include:
Flooring: 1,620 sq. ft. of carpet
Ceiling: 1,620 sq. ft. acoustic ceiling installed
Fire Sprinkler modification
Insulation
Divider Wall: Materials including drywall wall and 2x4's
Electrical: Additional wall outlet
Lighting: Minimum of eight (8) suspended fluorescent lighting fixtures
Installation by Electrician
Heating/Air Conditioning: Design, purchase, and installation of heating and air
conditioning units
Storage Cabinets: Lockable closet style
Architectural Drawings: Complete set of drawings per Permit requirements
Room Partition: Sliding panels to divide room for meetings.
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EXHIBIT "C"
1. RENT ADJUSTMENTS:
Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent
will be made on JANUARY of each year. Minimum annual rent for the term of this
Lease Agreement shall be $1.00.
2. LATE CHARGE:
Ten percent (10%) of annual rent (see Section 4.1.3).
3. PROPORTIONATE SHARES:
A. Building Expense/Real Property Taxes:
Not applicable.
B. Insurance:
Not applicable.
C. Utilities/Services.
Reasonable cost of electricity, water, gas, building maintenance and trash
collection to be paid to the City by the Co-tenant(s). Coit of telephone and
interior janitorial service to be provided and paid directly;,by the Co-tenant(s).
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EXHIBIT "D"
BUILDING RULES AND REGULATIONS
The leased premises and the building shall be used and occupied by Tenant and its agents and
invitees in accordance with the following rules and regulations, as-they may be amended
from time to time by Landlord:
1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls,
passageways, driveways, entrances and exits of the building; such facilities shall be
used only for ingress to and egress from the leased premises.
2. All trash and refuse shall be stored in adequate containers and regularly removed
from the premises. No trash or refuse of any kind shall be burned in or about the
leased premises.
3. Tenant shall not alter any lock or install any new or additional lock or bolt on any
door of the premises without Landlord's approval, and shall furnish Landlord with a
duplicate key for any such lock installed with Landlord's approval.
4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or
plaster, or in any way deface the premises.
5. All moving of furniture, freight or equipment of any kind shall be done at the times
and in the manner prescribed by Landlord and through entrances prescribed for such
purposes by Landlord.
6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the
names, vehicle descriptions and vehicle license numbers of each of Tenant's agents
who utilize the parking facilities of the building.
7. Landlord shall direct electricians as to the location and method of installation of
telephone wires and no boring or cutting for wires shall be done without Landlord's
consent. The location of telephones and other office equipment affixed to the
premises shall be subject to Landlord's approval, which approval shall not be
unreasonably withheld.
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8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office
space that were furnished to Tenant or that Tenant has had made. Tenant shall pay
Landlord the cost of replacing any lost keys and, at the option of the Landlord, the
costs of changing locks necessitated by the loss or theft of keys ftirnished to Tenant.
9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the
floor of the premises without Landlord's approval.
10. Landlord reserves the right to close and keep locked all entrance and exit doors of the
building at night and on Saturdays, Sundays and legal holidays for the adequate
protection of the building and the property of its tenants, but shall make adequate
provision for access to the building by Tenant at all such times. If Tenant uses the
premises when the building is closed and locked, Tenant shall assure that the doors of
the premises and the entry doors are closed and securely locked before leaving the
building. Tenant shall assure that all water faucets or water appairatus and all
electricity have been shut off before Tenant or its agents or invitees leave the building
so as to prevent waste or damage.
11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a
uniform basis as to all tenants in the building, but Landlord shall ,not be responsible to
Tenant or to any persons for the nonobservance or violation of these rules and
regulations by any other tenant or other person. Tenant shall be deemed to have read
these rules and to have agreed to abide by them as a condition to its occupancy of the
leased premises.
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