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HomeMy WebLinkAboutAgenda Packet 08/27/1996 • ATASCADERO CITY COUNCIL REGULAR MEETING AUGUST 27, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM 7:00 P.M. George Ray George Harold David Luna Johnson Highland Carden Bewley This agenda is prepared and posted pursuant to the requirements f Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item,,the action that may be taken shall include. A referral to staff with - specific requests for information;continuance;specific direction to staff conce ing the policy or mission of the item; discontinuance of consideration authorization to enter into negotiations and execute agreements pertaining to the item; adoption or pproval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room'2 8) and in the Information Office (Room 1031, available for public inspection during City Hall usiness hours. lip The City Clerk will answer any questions regarding the agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by taus City,;pleasecontact the City Manager's Office, [8051461-5010, or the City Clerks Office, 18051 461-507 . Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. 6:00 P.M. - INTERVIEW SESSION: A. Interview applicants to City Traffic Committee B. Resolution No. 79-96 - Appointing two members of the public to the Traffic Committee 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici afro back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMUNITY FORUM COUNCIL COMMENTS A. CONSENT CALENDAR: A#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 adopt on of the Consent Calendar. 1. CITY COUNCIL MINUTES - July 9, 1996 (cont'd from 8/13/96) (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - July 23, 1996 (City Clerk's recommendation: Approve) 3 CITY COUNCIL MINUTES - August 13, 1996 (City Clerk's recommendation: Approve) 4. APPROVAL OF WARRANTS, JULY 1996 (Staff recommendation: Approve) 5. TENTATIVE PARCEL MAP 96007, 8745/8775 COROMAR RD. - Consideration of a request to divide two lots of 1.05 and 1.15 acres each into four parcels of 0.50, 0.50, 0.51 and 0.55 acres for single-family residential use (Jackson/Shores/Sholders Surveys) (Planning Commission recommendation: Approve) 6. RESOLUTION NO. 74-96 Authorizing the execution of an agreement with Hope Lutheran Church of Atascadero for lease of the Atascadero Lake Pavilion on Sunday mornings, 9/8/96-8/31/97 (Staff recommendation: Adopt)' 7. ` RESOLUTION NO. 75-96 - Execution of an agreement with'Christ the King Reformed Episcopal Church for Use of the City Administration Building Rotunda Room, 9/8/96- 8l31/97 (Staff recommendation: Adopt): B. PUBLIC HEARINGS: Norse scheduled. C. REGULAR BUSINESS: 1. ' Ordinance No. 308 - Amending the official Zoning Ordinance text to add "Indoor Recreation Services" as an allowable use in the Public zone (Planning Commission recommendation: Waive reading in full and adopt on second reading by title only) 2.'' Ordinance No. 310 - Amending Map 17 of the official zoning maps by rezoning certain real property located at 7470 EI Camino Real from Commercial Professional and Commercial Service to Commercial Retail (PD 11)"and amending the Zoning Ordinance text to create Planned Development Overlay #11 (Palmer/Winnaman) (Planning Commission recommendation: Waive reading in full and adopt on second reading by title on/y) 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 Authority 2. City/School Committee 3. County Water Advisory,Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 2 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: O 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 submittedduring the Community Forum period (see below). O Persons wishing to speak should step to the podium and 'state their name and address, for the official record: O 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 to do so, and no 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. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: 0 The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O 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 Meeting Date: 06/111/96 CITY OF ATASCADERO Agenda Item 6:00 p.m. session Through: Andy Takata, City Manager n r From: Lee Price, City Clerk ` SUBJECT: Appointment of two members-at-large to the City's Traffic Committee. RECOMMENDATION: 1) Interview candidates 2) Vote for two 3) Adopt Resolution No. 79-96 formalizing the appointments. BACKGROUND: Ordinance No. 112 adopted in 1985 established the Traffic Committee. Included in the membership are two members of the public at-large. Jerry Ferguson and Chuck Bishop, who were appointed to the Committee in 1994, have both resigned. There terms were to expire next month. The City Clerk has conducted an open recruitment and three applications have been received. On August 13t'', the City Council directed the Cityll Clerk to schedule interviews. DISCUSSION: The candidates for the Traffic Committee are Dennis Schmidt,'' John Paulson and Howard Gaylord. The City Council will conduct the intervieuvs and select two applicants to serve terms of two years each. Attachments: Interview Schedule. 3 applications Ordinance No. 112 establishing Traffic Commititee Selection Policy (Resolution No. 02-95) Resolution No. 79-96 appointing new committee members INTERVIEW SCHEDULE TRAFFIC COMMITTEE Tuesday, August 27, 1996 - 6:00 p.m. Club Room 6:00 Dennis Schmidt 6:10 John Paulson 6:20 Howard Gaylord a y . Please return to: 1' { Cl TY CLERK J 6500 Palma Avenue +, AVV f Room 208 t �^t Atascadero, CA 93422 ,B"� AD i OF ATA CADE '�-�---tea CITY CLE'RH'S OFFIC. CITY OF ATASCADERO , BOARD, COMMITTEE & COMMISSION APPLICATION) I- . Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are'applying for. NAME: RESIDENTIAL /� 5A I1144' I11)6A' rLr'AV Home Phone: ADDRESS: Aiq I MAILING ADDRESS (if different): "✓r'f Work Phone: i-t v Are you a resident of the City of Atascadero? e6 How Long? } Are you a registered voter? YesJNo_ Social Security No. i OCCUPATION: EMPLOYMENT: Present or last employer's name, address and phoFte number: oUGV-t��� , Position held and length of employment: AJ I to EDUCATION: P-T�? t 0 LGH 1` c � d � RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: % OJ OF 6V, P,0TA'Nt61A-b i���� �'t'}'l�h�lGfl� �1,/A'tllt�(l�� ��' �'i , `�"C�a�2li �.P�►L1��l'U(,E.�--�"' �Z�a O6- corm Ion r rwaC7" OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall _r�__ Place of Employment Other (specifyl: _,12. lccu C I LI IN FT-TI h(� Please complete the attached supplemental questionnaire'. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: I' Date:�� �(�it�W CITY OF ATASCADERO • SUPPLEMENTAL QUESTIONNAIRE TRAFFIC COMMITTEE 1. Please explain why you would like to serve on the Traffic Committee. Y� l 0"y� -? Ap'-10, �or�C TS l iuy►Zl� 2. What is it about serving on the Traffic Committee that ,interests you? What qualities, experience and expertise would you bring to the Committee? A Ni 6) i-('"e b6w rowo Lk)I Gi,DG (prw �atif au�� 3. How would you see your role as a member of the Traffic Committee? '' Supplemental Questionnaire Traffic Committee Page 2 4. in your opinion, what are Atascadero's greatest circulation needs? ek 5. Are there other traffic safety or transportation issues that you believe the City needs to address? 71 6. Have you had any previous experience dealing with traffic or transportation related issues? IPLA-L 5 ELLI� 1-1611 t�y�s i Supplemental Questionnaire Traffic Committee Page 3 7. If there is additional information you would like to share about yourself, please use the following space provided (optional). 14 -To -�C' CO 6'Y1 hn CJ h-i i� I hereby certif I that the foregoing information is true and correct. R f( /� �•� ?^,p J, Date: Signature: "'` I 1" ` fSV�'�� — f f J Please return to: CITY CLERKIrl 6500 Palma Avenue Room 208 c jai»iq Si�� Atascadero. CA 93422 CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Suppiementa/Questionnaire for the advisory body you are applying for. NAME: I DLI/V RESIDENTIAL _ �f ADDRESS: 4S� M,qV YAk, 1 Xye Home Phone: 1W11 - q MAILING ADDRESS lit different): Work Phone: N/A Are you a resident of the City of Atascadero? Yr s _ How Long? 2yar 61T)' 13 Y&. A2r-Q Are you a registered voter? � Yes ✓ No Social Security No. OCCUPATION: J'JIZ,ir Aj,.^ rM IL�� EMPLOYMENT: Present or last employer's name, address and phone number: R�.�� "/a�YTFCNAIIG ��a�� 1�,vlt/I�ItS tri f4AI YUl' 0.811'001 g��ID7 I O-R 75-4 - 22 3/, Position held and length of employment: 1 r]ti L"ylt'� f QOM/N/ST2AiDl� J �'n-� EDUCATION: ��TLV��/fI 2ArVa J�,YRP I-DLLF�� �/r>'I" 11/GfYf'1��BUP 21211ALL-1 AA1,Q1.�e�2/C�/aD.df 11U �>I�I���Z1>Il'1DlD� 11iAG£Ihf A � h9X1A1Jiy-e AtW RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSE$ OR PROFESSIONAL REGISTRATION: li ell/ rcit='moi�A[� • ,�r�r 1`121 lFry f p_ �41ZA9Flj1 fir,' L'E-2-n 1'1 e /ru AIL��LF This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Cleric. Board, Committee & Commission Application Paoe 2 V INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: .� L B �6u&y5--r ,�12>3,yn Ju✓ Y 199L 9G — Fa 99,621 21s4rr9 k g -- S 1 PQWArl Y �4t wtr,> s ,tae. 198 -Qz OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: ,A�A) How did you learn about this vacancy? Newspaper Article x Newspaper Ad Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: `/ Date: i `1 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE TRAFFIC COMMITTEE 1. Please explain why you would like to serve on the Traffic Committee. l)�7AIr1L� 11ICf t D �F 1�/�LF To S't'1Zy� i/�1' �crn�lYlulU��% �►1� Gtl,�/1 C N 1 L I L F �25 L l AyyjJ ?ABI L I TY 'EI✓ All/ AS'!'FT TD �N 1� lYl T 1 TF AI'UA -rW E 2. What is it about serving on the Traffic Committee that interests you? What qualities, experience and expertise would you bring to the Committee? yL')Y I �2 Si Ii ll� f��llLIG ABLF TD AWNT&I 147,t o9y 9B)!I r MY AUR ITIE-f lyouL@ ILIrl 7-D wdDTNIrkf VAAf 87 1' of C:�dY!'IYYJo� 1��(!Pl✓ . L"Y���IF/1/�F AN6 �rJ6wLr_� ox l fflc AQ?f1I4.D)5& RAM Xk,-r,4 k1,A7-IdZ1V4 P1k,0k;TH AM 3. How would you see your role as a member of the Traffic Committee? h P �)/I!J 1Yiy I�iUDLVL>✓D 6 r' Aiy n �1l'izol cwagG TD So )'7- yV0u Ln BE A&, To Mgtr fiNf,' /UfC��1'A1Ly Y-Gtri'>I#7 N D�4T�P4T L4QWlU ! L"iTy 11)ANA4FA L=N7', Supplemental Questionnaire Traffic Committee Page 2 4. In your opinion, what are Atascadero's greatest circulation needs? 1/1IM16 7-P 11Y P16f) V'r 1 AB/t Xlt' �1,yL, A) 7M5 1?r�u�>�'o1,t��v R>Z�>3 >g r1r� mo�2r L11U IFn2m r"F, SPf�t1s AW 1 A1VX9'r 5. Are there other traffic safety or transportation issues that you believe the City needs to address? N ADD)T b V ro TiVas E IM 15 A)77--J T'amz DFS1&A1R?Zll RLi-f ..PTOr°"L AIUt ,�1�I131/C,vTl2?A O�e /17 o. Have you had any previous experience dealing with traffic or transportation related issues? 31 /Z Y& ,&-,)' 5'Ck'111ir VPZ ®ev aP JM A "/12 F)Cx C �Mm-jl"Ie"r sr (/SLY �l Supplemental Questionnaire Traffic Committee Page 3 7. If there is additional information you would like to share about yourself, please use the following space provided (optional). Tm � T)2Fn ,� � �tAyr rN Timf N �� QAr2. �' �D LWAL' 0121 71))i w,4 U LO AAxv ASILF 'Tn TWA 1-iTY I hereby certify that the foregoing information is true and correct. Signature: ( /Xz— Date: 1 Please return to: fit!1 i T CITY CLERK 0500 Palma Avenue Room 208 c tarn i$��� If !razat , Atascadero, CA 93422 ,�" sc�>�o.•a CITY OF ATASCADERO � ' BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: Howard K Gaylord RESIDENTIAL ADDRESS: 8940 Curbaril , Atascadero, CA 93422 Home Phone:4A6_n836 MAILING ADDRESS (if different): Work Phone: Are you a resident of the City of Atascadero? Yes How Long? 31Years Are you a registered voter? Yes X No Social Security No. 507-05-9094 OCCUPATION: Retired Masonry Contractor EMPLOYMENT: Present or last employer's name, address and phone number: Former Masonry C ontractor- Former partner in Concrete Block plant(Air-Vol B1ock, Inc. SLO) Position held and length of employment: Charge of Production, Pres. of Air-Vol Block, ';, Inc. 5 years when I sold my interest in plant( 1965) EDUCATION: High School Graduate( 1935) RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: No formal training - 62 years of driving- I hope I ' brin_g a little common sense to to the committee to help solve our , problems and we TJ0Yp$iicFAP'YndQ4pl ire "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 1 .^ Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: Community Advisory Committee for the Hiahway 41 realiament. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: None How did you learn about this vacancy? Newspaper Articl8 X Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE TRAFFIC COMMITTEE 1. Please explain why you would like to serve on the Traffic Committee. Our traffic is getting worse every year and it doeesn ' t seem ii much is being done to correct our problems Since the 'Cite doesn ' t have much money we should correct the little things to make driving and walking safer. Think small rather than large . ' 2. What is it about serving on the Traffic Committee that interests you? What qualities, experience and expertise would you bring to the Committee? i To make driving, walking and bicycling safer, especially around our schools. I have lived in the City for 31 years and have ideas to improve the flow of traffic and also to make driving more safe . No formal training just common sense I hope. 3. How would you see your role as a member of the Traffic Committee? Working with the committee and investigating different suggestions , in other words , get out in the street and see what ' s going on . Supplemental Questionnaire i raffic Committee Page 2 4. in your opinion, what are Atascadero's greatest circulation needs? We need to create through streets , North and South, East and West . 5. Are there other traffic safety or transportation issues that you believe the City needs to address? Automobile and foot traffic, bicycling, skate boarders and roller bladers . ( Attached sheet listing some of the things I think should be done) . 6. Have you had any previous experience dealing with traffic or transportation related issues? None except driving for 62 years and dodging traffic running across Curbaril getting my mail . Supplemental Questionnaire Traffic Committee Page 3 7. If there is additional information you would like to share about yourself, please use the following space provided (optional). I am 78 years old and lived in Atascadero for 31vears . The main reason I amzpplvin-q for the Traffic Committee is to bring to the attention of the Committee the problems I have been trying to have corrected . I hereby certify that the foregoing information is true and correct. Signature: t Date: �e� Most of our traffic problems are costly to correct , you look at the problem and don ' t know how you are going to fix it without much money. There are very many problems that can be fixed with little money. 1 . Triming shrubbery so you can see traffic down the street . 2 . Have people clear the right-of=way in front of their homes. 3. City to inforce regulations to keep fences, shrubbery and etc. out of right-of-way. 4 . Have PG&E move their poles back to the property line( Santa ysabel between Curbaril and pueblo) 5 . PG&E has guy wires in sidewalk area between Palomar and Junipero. b. Pacific Bell has equiptment in sidewalk area between Tool Outlet and 7-11 convenience store on E1 Camino. 7 . We have to improve the shoulders on the streets to encourage walking , especially by school children. If the schoolchildren can walk to school safely, traffic around schools would be reduced before and after school , also bicycle lanes would help. 8 . Mail boxes should be moved back to property lines so the mail man doesn't block traffic. Shoulders could be improved so people can walk and bicyclist could get off the street when there is much traffic . 9. Review the Stop signs around town, it seems to me some could be eliminated. In the Future When Highway 41 realignment is completed we should have the Lewis Ave. bridge with though traffic to Traffic Way. There should be a street put in from Santa Ysabel to El Camino next to Karl JR . That Property should be looked at soon before more is built up. . If traff� builds up at El Camino and Morro Rd there would be an outlet for people going North and South. Santa Ysabel should be continued from Curbaril to Arcade Ave . This would help relieve traffic on E1 Camino. Now there is no cross street between El Camino and Valle on Curbaril , its a long way around the block. Open up Pinal , we need more cross streets . Atascadero was designed to have what they call "Curvilinear streets, streets on a curve. Over the years the county has tried to straighten the streets out, consequently the road bed is on one side of the right- of-way and then it is on the other. The road bed should be returned to the center of the right-of-way. If the road bed was in the center of the right-of-way than there would be room for parking and pathways,. Cal-Trans has designated Curbaril an Alternate Truck Route. Will the State give us money for maintenance on Curbaril? Do the little things to make traffic safer and to flow smoothly. Plan ahead for the larger projects but do something constructive the Cjty can afford but keep improving the streets. ORDINANCE NO. 112 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING CHAPTER 3 OF TITLE 4 OF THE ATASCADERO MUNICIPAL CODE ESTABLISH_NG ALN ADVISORY TRAFFIC COM"HTTTEE The Council of the City of Atascadero ordains.as follows : Section 1 . Chapter 3 of Title 4 of the Atascadero municipal Code is amended to read as follows , commencing with Section 4 - 3 . 2b9 : TITLE 4 4 - 3 . 209 . Traffic Cq=ittee. The City Council may establish an advisory Traffic Committee to serve without compensation, consisting of the Director of Public t�or,:s , °mho shall be the chairman, the Chief of Police , the P=anniag Director , one councilperson, and two (2) citizens `''that reside within ttze City Limits . 4 - 3. 210 . Term. r (a) The two (2) citizens shall be appointed by council to a te= of two (2) years , except for the initial year in which there will be one two-year term appointment , and one one-year appointment . Each succeeding year one new member shall be appointed by Council to a two- 0e`r term to replace the member whose tens: has expired. Ncitizen shat_ serve two consecutive t:ao-year terms . (b) The councilperson shall be desionat++ed b;r Council to a one-year term A councilp_ erson may serve as raanv consecutive ce=-,s as Council desires but shall be designated on an annual basis . (c) The terms of the Director of public :forks , the Pol=ce Chief , and tile Planning Director shall be for the duration_ or , and concurrent with, their respective service in office. 4 - -3._2 11 Duties and Rules . (a) It shal- be the duty of the Traffic Committee to reco=nend to Council or to the City :Manager a means for improving traffic or sarety conditions through appropriate signing , pavement marking , parking changes or other -elated methods. The committee shall stud.v related matters as requested by Council and su-aes't the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration and enf,"orcement of t_affic regulations . (b) '-T'he cor=ittee shall meet as necessary at a convenient time and place designated by the committee. (c) The Chairman shall a6point one member to serve as secretary to record all official actions or recommendations . (d) 'Matters shall be decided by a majoriss vote of those members oresent. Four members shall constitute a quorum. (e) The committee shall not attempt to ursurp -he powers of elected or appointed officials designated by ordinance to protect the health, safety and welfare of the general oublic_ Section 2. Publication. The City Clerk shall cause this ordinance to be pub fished twice within thirty (3C) days after its passage in the Atascadero flews , a newspaaer of general circulation, printed, pubLished and circulated in this City in accordance with Government Code Section 36933 ; shall certify the adoption of this ordinance and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City- Section 3 . Effective Date. This ordinance shall go into effect and oe in -Full force and ezrect at 12: 01 a.m. on October 10th 1955 . The foregoing ordinance was introduced on August 26 , 1905 , and adooted at a regular meeting of the City Council held on September i985 . On motion by cQuZgi2,man Han csh,,r , and seconded b;r Council:; coin ordinance is hereby adopted in wat+a� �,*ac���r ..ne foregoing - entirety on the ro.Liowin; role call vote: AYES : CounciLntembers Har_dshy, mackey , Molina & Norris and Mayo-- Nelson ayor`3elson ROES : NONE ABSENT :: LN1ONE ADOPTED: 9/9/85 ATTEST: CITY OF ATASChDERO , CALIFORNIA: ROBERT :i. JONES City C- er% ROLFE NELSON :-savor APPIWVED AS TO FOFLll: APPROVED AS TO C0L*%TIENT : ROSERT i•.. J NES , interim �itv attorney :`ilJiiE�LL H£Li N , C;1C�' , dna^er 3 RESOLUTION NO. 02-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, the Atascadero City Council recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, the Atascadero City Council has established -committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, the Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, the Atascadero City Council desires to update and revise said selection procedures. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. SECTION 2. Recruitment and Eligibility. Announcements;of openings for any committee, commission or board to which members are appointed by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board shall complete an application provided by the City Clerk. Applications are accepted:year-round and shall remain on file for a period of six months from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, should a vacancy occur during the six month period. All applicants shall be residents and registered voters of the City of Atascadero over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. All appointees are subject to financial disclosure, pursuant to the Political Reform Act. SECTION 3. Interviews. All candidates meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews will be open to the public. v Resolution No. 02-95 Page Two SECTION 4. Selection. a. Council members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. C. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be continued until a majority vote is cast On motion by Councilperson Luna and seconded by Councilperson Johnson,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmember Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: January 10, 1995 ATTEST: CITY OF ATASCADERO BY: LEE PRICECiy Clerk T. DAVID BEWLEY, Ma or . Resolution No. 02-95 S Page 3 APPROVED AS TO FORM: ARTHER R. MONTAN ON, City Attorney 'a RESOLUTION NO. 79-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING TWO (2) CITIZENS-AT-LARGE TO THE CITY OF ATASCADERO'S TRAFFIC COMMITTEE WHEREAS, the City Council has adopted Ordinance No. 112 establishing the City Traffic Committee; and WHEREAS, there does exist two vacancies on the City's ':Traffic Committee; and WHEREAS, public advertisements soliciting interest in appointment to the Traffic Committee have been published and posted; and WHEREAS, the City Clerk did receive three (3) applications for consideration; and WHEREAS, the City Council did, on August 27, 1996, interview and consider the candidates for appointment to the Traffic Committee and did then vote for specific nominations. NOW, THEREFORE, the City Council of the City of Atascadero does resolve to appoint the following citizens to a term of two years each expiring September 1, 1996: • and " On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor • �' f Resolution No. 79-96 Page Two APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • Agenda Item: A-2 Meeting Date: 8/27/96 ATASCADERO CITY COUNCIL JULY 23, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 5:30 p.m. for purposes of discussions pertaining to: 1) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION A) Significant exposure to litigation: One (1) case B) Initiation of litigation: One (1) case 2) CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION Name of case: Spansail v. City of Atascadero 3) CONFERENCE WITH LABOR NEGOTIATIOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; `;Atascadero Police Officers Assoc.; Atascadero Public Safety Technician$ Orgn.; Service Employees Intl. Union; Confidential Employees 4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager At 7:00 p.m., the City Council adjourned Closed Session. It was noted that Item #1 was discussed, no action taken. Items #2, 3, 4 were continued until after the end of the regular session. REGULAR SESSION: The Mayor called the meeting to order at 7:05 p.m. Councilperson Carden led the Pledge of Allegiance. CC 7/23/96 Page 1 ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager;; Art Montandon, City Attorney; Roy Hanley, Deputy City Attorney; Steve DeCamp, City Planner; Mike McCain, Fire Chief; Fred Motlo, Fire Captain and Bill Watton, Acting Police Chief COUNCIL COMMENTS: Mayor Highland congratulated Councilmember Carden for being elected as Chairman of the San Luis Obispo Council of Governments/Regional Transportation Authority. COMMUNITY FORUM: Wendy Muller, resident of Atascadero, read a prepared statement criticizing the • City Council, City Manager and City Attorney for recent events involving the Community Development Block Grant (CDBG) for the Carlton Hotel and for suspension of the Police Chief (see Exhibit A). Leo Korba, 10905 Santa Ana Road, declared that the Police Chief is not above the law and if it is proved that he has violated the law, he should pay the penalty. Mr. Korba also expressed concerns about the appropriateness of recent statements made by the Mayor, who spoke on behalf of the City Council Terril Graham, 6205 Conejo Road, commented that development has not been assessed sufficiently and asked why councils have been reluctant to make developers pay their fair share. In addition, he called for a change in the way the City evaluates staff and in the way the public evaluates its City officials. Ed Cabrera, 9050 Junipero, expressed concern regarding Council action placing the Police Chief on administrative leave. He asserted that the public's trust is at- issue and emphasized that the community deserves to feel secure when it comes to police services. He explained that petitions,requesting action by the Council are being circulated and signed by citizens who trust that the Council will take note of and react to their concerns. CC 7/23/96 Page 2 Pamela Barrett, 10178 Catalpa, urged the City Council to not cut police and fire • services. Jerry Lombard, 13945 San Antonio Road, requested that the Council re-consider their action to suspend the Police Chief and urged his reinstatement. Terry Graham, speaking once more, said that he personally experienced torment from the Police Chief during the 1980's when he initiated a City Council recall effort. He said that in his opinion the Police Chief has misused his' position. ---end of public testimony--- A. CONSENT CALENDAR: 1. AUDITED BILLS AND PAYROLL - June, 1996 Staff recommendation: Approve) 2. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continuedfrom 7/9/96) Staff recommendation: Adopt 3. TENTATIVE TRACT MAP 96003 - Consideration of application filed by Kelly is Gearhart for the subdivision. of one (1) lot containing 0.7 acres into (5) parcels ranging in size from 4,458 square feet to 8,500 square feet. Subject site is located at 7350 Morro Road and extends through to Navajoa Avenue. (Planning Commission recommendation: Approve) 4. RESOLUTION NO. 71-96 - Authorizing the execution of an agreement with the County of San Luis Obispo for the acceptance of $1,000 in grant funds for Stadium park (Staff recommendation: Adopt) The Mayor noted that Item #2 was not yet available and that staff; requests a continuance, By mutual consent, the matter was put over until the next meeting. MOTION: By Councilmember Johnson, seconded by Councilmember Bewley to approve Items #1 ,3 and 4; motion carried 5:0 by roll call vote. B. PUBLIC HEARINGS 1. RESOLUTION NO. 67-96 - Placing delinquent solid waste charges on the 1996-97 property tax roll (continued from 7/9/96) • (Staff recommendation: Adopt) CC 7/23/96 Page 3 Andy Takata provided the brief staff report. Michelle Velasco, representing • Atascadero Waste Alternatives, was present to respond to questions. There were no comments from the Council or members of the public. MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Resolution No. 67-96; motion carried unanimously by roll call vote. 2. RESOLUTION 66-96 - Confirming the cost of weed abatement (Staff recommendation: (1) Hear protests (2) Adopt resolution (3) Approve administrative fee) Fred Motlo provided the staff report and responded to brief questions from the Council. Councilmember Bewley asked staff to contact the County regarding brush around Heilman Park. Mike McCain indicated that over the years, the department has attempted to gain compliance from other jurisdictions. He noted that they have had experienced cooperation with the State, but are still attempting to get the same from the County. MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Resolution No. 66-96; motion passed 5:0 by roll call vote. 3. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4- 2.1009 and 4-2.1010 to the Atascadero Municipal Code, prohibiting • skateboarding and roller skating on public property (Staff recommendation: Waive reading in full and introduce on first reading by title only) Art Montandon provided the staff report and responded to brief questions from the City Council. Public Comments: Rush Kolemaine, 4580 Potrero Road, requested clarification about whether a violation of the ordinance is considered an infraction or misdemeanor. He also asked how a violation is prosecuted and what fines are imposed. Art Montandon explained that provisions, set forth in another part of the municipal code, specify that the fine assessed for an infraction, upon first violation, is 50$; the second offense is $100 but may go up to $250. A misdemeanor offense can be fined $1 ,000 and given 6 months in jail, he added. The City Attorney noted that juveniles are handled differently and pointed out that discretion is allowed for on the part of the citing officer or the prosecuting attorney, depending upon the circumstances. Mr. Kolemaine remarked that the ordinance should reference the code section that sets forth the penalty and encouraged the Council to add it. He also indicated that he hopes that there will be a system of tracking implemented to • CC 7/23/96 Page 4 maintain a record of repeat offenders. Roy Hanley reported that he, the Police • Department and the Court already have methods in place for this type of tracking. Susan Warren, 3556 El Camino Real, noted that Atascadero already has an active Peer Court system and suggested that the City consider taking advantage of the opportunity by referring some violators of the skateboard ordinance to Peer Court. In addition, she reported the Skate Park Committee has three events planned for the ensuing coming months and hopes to offer more in the future.'!offered there. Eric Greening, 7365 Valle, expressed appreciation to the Council for being responsive to public comment and for its willingness to allow skaters to be a part of the process. He commented that the present draft is better than what was previously brought to Council. Mr. Greening commented that he thinks the reference to "misdemeanor" should be removed because it may represent selective enforcement. Rick Mathews, 6955 Navarette, said that the ordinance was a common sense approach to the problem and reported that the Skate Park Committee will encourage skaters to develop a set of etiquette and rules. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Luna ito waive reading in full and introduce Ordinance No. 307 by title only; motion carried 5:0 by roll call vote. By unanimous agreement, the matter of posting public areas in the downtown was referred to the Traffic Committee. Councilmember Luna invited the public to attend and provide input when the matter is heard by the committee. Art Montandon suggested that a representative from the Chamber of Commerce and/or business community also attend the meeting. The City Clerk announced that a recruitment is on-going for the purpose of soliciting interested members of the public to serve as members-at-large on the Traffic Committee. That recruitment will close on August 23, 1996, she added. C. REGULAR BUSINESS: 1. ORDINANCE NO. 306 - Amending Map 6 of the Official Zoning Maps by rezoning certain real property at 4700 Traffic Way from RMF/10 to RMP/10(PD7) (ZC96002: Gearhart) (Staff recommendation: Adopt on second reading) Steve Decamp provided the staff report and recommendation to adopt on second reading. He noted that there was some confusion about Council intention at the • meeting of July 9" regarding Condition #41 (building footprint) and suggested CC 7/23/96 Page 5 that, if it was the majority of the Council's intent that 35% shall be an average, staff can draft a condition to be included with the map to clarify the issue. • Councilmember Luna asked the City Attorney if the City was liable if the contractor does not pay prevailing wages. Art Montandon explained that he has a responsibility to protect the City against this type of liability and because the City would be in a partnership with the developer, he would advise that prevailing wages be paid. Steve DeCamp pointed out that the engineering estimate was not based upon paying prevailing wages. Councilmember Luna voiced concern that the City is being boxed in and may be on the hook for a larger price-tag. Art Montandon noted that the agreement with the developer will come back to Council for final approval. In response to Councilmember Luna's inquiry, the City Attorney noted that if the agreement is not approved, the map cannot be finalized. Council- member Luna remarked that he would prefer to see the agreement before taking any further action and asked if there were legal implications if the second reading of the ordinance were to be postponed. Steve DeCamp replied that the tentative map has already been approved, but is moot without the ordinance. The subdivision cannot proceed without the zoning change, he clarified. Council- member Bewley pointed out that the agreement is a condition of approval and reiterated a desire to study the cost to complete the entire drainage solution as part of the budget review for the 1996-97 fiscal year. Public Comments: i Donald Jones, 4585 Viscano, contended that the conditions of approval keep changing and urged the City Council to postpone a decision. Eric Greening spoke in favor of delaying adoption of the ordinance until the Council has seen and approved the agreement. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Ordinance No. 306 on second reading with the condition that the contract comes back for Council approval. Discussion and amendment to motion: Councilmember Johnson asked that the language of Condition #41 be clarified to include that the 35% building footprint is an average throughout the project. Motion was amended to include this direction to staff. Vote on the motion: Motion to adopt Ordinance No. 306 on second reading and to amend Condition #41 of the Conditions of Approval passed 4:1 (Councilmember Luna opposed). • CC 7/23/96 Page 6 _ D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilmember Carden reported that there will be no meetings in July and explained that, as Chairman of COG, he will attend the Western States Council of Governments conference later this week. 2. Air Pollution Control District - Mayor Highland reported that tithe APCD will meet on July 24t" 3. North County Council - Mayor Highland explained that the executive committee will meet in September. 4. Ad Hoc Regional Water Management Committee - Mayor Highland announced that the next meeting will be in September. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council • Councilmember Johnson requested that staff provide more timely distribution of press releases following Closed Sessions in which there is action to report. 2. City Manager Andy Takata mentioned that two councilmembers (Johnson and Carden) will be absent from the meeting of August 27" and noted that it will be necessary to have all three other members of Council present to ensure a quorum. The City Council adjourned to Closed Session at 8:22 p.m. to resume discussions regarding Items #2, 3 & 4. Closed Session was adjourned at approximately 11:00 p.m. Items #3 & 4 were continued to a Special Closed Session on Tuesday, August 30, 1996 at 5:30 p.m. THE NEXT REGULAR MEETING OF THE CITY COUNCIL WILL BE TUESDAY, AUGUST 13, 1996 AT 7:00 P.M. MINU77Q-� PREPARED BY: LEE PRICE, C.M.0 CITY CLERK Attachment: Exhibit A (Muller) CC 7/23/96 Page 7 CC 7/23/96 EXHIBIT A Page 1 of 2 Good evening, Mr. Mayor and the City Council, My name is Wendy Muller. I have lived in Atascadero for over 11 years and I love this city. I am greatly concerned about the current financial state of our town and finally felt compelled to speak publicly to the City Council., I am here and must express my anger and bewilderment with the City Manager, City Attorney and City Council. It appears that Atascadero has some very big problems: 1. Because of mismanagement of our funds,our city lost millions in an investment debaucle in Orange County. We may or may not get any of that money back. Someone must take responsibility for this mess. 2. Because of mismanagement and incompetence, we lost grant funds intended to retrofit the Carlton Hotel. The funds were given improperly to the contractor, proper procedures were not followed and the County wants the entire $100,000}crack- Guess what? We don't have it. Again, someone must take responsibility for this embarasoing mess. 3. Because of political aspirations and vengeful personal vendettas, our police chief was suspended and ordered to remain at home from 8-5 M-F. What are you thinking? Where's the proof before punishment. These actions were taken due to the accusations of a barely literate letter from a non-existent person who gave a non-existent address. In a court of law, such a letter would be summarily dismissed and paid no creedence. This city needs its police chief back at work. This sort of Krelimesque action against Chief McHale is unacceptable to me. Something is really wrong here at City Hall. I thought we lived in Amercia. 4. There are funds being mishandled and placed in departments where they do not belong. Designated grants can not be messed with in such a manner. The State and Federal gov't. get really cranky when people don't follow their rules. Just what is going on here.? In my mind,the buck stops squarely on Andy Takata and Art Montandon's desks. Our city is like a large corporation. The City Manager is like a CEO. The city attorney is like the in- house counsel and the city council is like the Board of Directors. The citizens of Atascadero are the shareholders in the corporation. We are tired of our money being lost and mishandled by the administration Our Board has been given bad advice by both the CEO and legal counsel (Takata and Montandon). The shareholders (us) have lost a lot of money because of the ineptitude and failures of the two people who have been hired to know better. We trusted them to take care of our money and look out for the best interest of our city. The one single department which is run efficiently has had its dept. head suspended. Why? It looks to me like the wrong people were removed. CC 7/23/96 EXHIBIT A Page 2 of 2 • We cannot have such financial chaos and expect the city to remain in business. We cannot keep buying buildings, land and other interests just because people want to. That is irresponsible and based in fantasy. We have a city attorney who has accused Chief McHale of conflict of interest. I'm personally glad that the Chief chose to buy his car locally. I don't buy mine locally,but I think he sets a good example. I believe that Mr. Takata got his leased car from Atas. Ford,too. Did he follow competitive bid procedures? Perhaps because he is friends with the current owner,there is conflict of interest. What about the memo sent by Mr. Montandon to the City Manager and to all the officers on the police dept. to their homes threatening a civil lawsuit if they did not handle a particular criminal case the way he wished. This was done in the name of the city attorney. Have you seen this memo? You should. Things are very strange here in City Hall. The City Manager and City Attorney have lost their objectivity and do not have our best interests at heart. They violated our trust. They lost our money by actions which are unforgiveable and just wrong. Now, Mr. Takata is proposing to raise our taxes to pay for the incompentent actions of his office and the City Attorney's office. They better raise it a bunch because the law suits are going to be stacking up thanks to these two. Mr. Montandon has been in office too long and interjected himself into the politics of our city. As our city attorney, this is not acceptable. Objectivity is necessary and vital to the performance of his job. I propose that this city hire a new city manager, perhaps one more qualified to do the job with which they are entrusted. I also propose that the City Attorney's contract not be renewed and perhaps the contract should be rotated unless the legal counsel proves they will not get personally involved in city politics. Lastly, Chief Bud McHale needs to be back on the job yesterday. This city needs him, not a Public Safety Dept. If you try to do this in this city, I will fight it. We incorporated for a reason, and having the police department was number one. Chief McHale has led this city into the safe zone we know and love. My kids can walk downtown safely. They know many officers personally and-that's a nice feeling. Please reconsider your previous action and put the Chief back on the job now. Thank you. • Agenda Item: A-3 • Meeting Date: 8/27/96 ATASCADERO CITY COUNCIL AUGUST 13, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: 1) CONFERENCE WITH LABOR NEGOTIATIOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn ; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees At 6:55 p.m., the City Council adjourned Closed Session. It was noted that Closed Session would be continued until after the end of the regular session. REGULAR SESSION: The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee',Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Steve DeCamp, City Planner; Brady Cherry, Community Services Director and Bill Watton, Acting Police Chief CC 8/13/96 Page 1 PRESENTATIONS: Recognizing Bud Tanner, local contractor, and Leslie Ramsey, San Luis Obispo County Builders Exchange, for supervising the construction of Quarantine Project (Phase 1) at the Charles Paddock Zoo Mayor Highland presented plaques in appreciation for service to the community to Bud Tanner and Leslie Ramsey. COUNCIL COMMENTS: Mayor Highland announced that on July the 25' a 5-year lease for residents at Rancho Del Bordo Mobilehome Park was agreed upon. He recognized John McGoff, Jim Wolfe, Mark Egan and David Evans for their hard work in negotiating a compromise. David Evans, Western Mobilehome Park Association, thanked the Mayor and Council for the opportunity to resolve differences at two local mobilehome parks and to, further, avoid rent stabilization. He explained that the owner of Rancho Del Bordo and resident representatives had indeed agreed upon a new lease and that a meeting had been held at Hilltop Mobilehome Park. He added that while there is no rent problem at that park, there are matters of owner/tenant relations that will be addressed in a follow-up meeting. Millhollin Mine Update: Steve DeCamp provided the update and reported that while the process took longer than originally anticipated by staff, the Reclamation and Closure Plan, Operations Agreement and Environmental Assessment will be distributed in one week. COMMUNITY FORUM: Mike Inns, 8200 Pequenia, commented that the City's investigation into allegations surrounding the Police Chief is taking too long. He said that the issue is costing the City and the Police Department money and morale; and speculated that this episode will leave a black mark on those councilmembers whose terms will soon expire. Mayor Highland remarked that the issue is a difficult one and assured the public that the Council is doing all it can to resolve the matter as quickly as possible. Wendy Muller, 8200 Graves Creek Road, submitted two petitions requesting that the Police Chief be reinstated and that the City Manager be evaluated (petitions on file with the City Clerk). She asked the Council to accept the petitions, not as legal documents, but as voices of the people of the City. She said that the legal i cc 8/13/96 Page 2 advice the Council is receiving is not in the best interest of the City and urged the . Council to put into place a policy for the receiving of anonymous complaints. Ms. Muller also requested that the Council spend their efforts on resolving the financial problems of the City and cautioned them to use their power wisely. Cheryl Burbach, 12605 Santa Ana Road, spoke in support of reinstating the Police Chief. She noted that Chief McHale has been working with a committee of parents and school representatives to put the "Drug Free Zone" into place and shared concern about the progress of the committee without his,,input. ---end of public testimony--- ' CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - July 9, 1996 (City Clerk's recommendation Approve) 2. CITY TREASURER'S REPORT - June, 1996 (City Treasurer's recommendation: Approve) • 3. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continued from 7/9 and 7/23/96) (Staff recommendation: Adopt) 4. FINAL PARCEL MAP 95-006, 6625 NAVAJOA - Division of an existing 0.47 acre parcel into four (4) lots to accommodate residential development (Gearhart/Cannon Associates) (Staff recommendation: Approve) Councilmember Luna requested that Items #1 and 2 be pulled from the Consent Calendar. Mayor Highland pulled Item #3. MOTION: By Councilmember Bewley, seconded by Councilmember Johnson to approve Item #4; motion passed 5:0 by roll call vote. Re: Item #1. CITY COUNCIL MINUTES - July 9, 1996 Councilmember Luna requested that the Minutes be continued to the next meeting and noted an error on page 6. The Clerk so noted. By consensus, the minutes were continued until August 27, 9996, CC 8/13/96 Page 3 Re: Item #2. 2. CITY TREASURER'S REPORT - June, 1996 Councilmember Luna requested that the City Treasurer provide a report on • investments. Rudy Hernandez reported that he has begun the process of moving funds from LAIF to diversify the City's investment funds. He has opened five Certificate of Deposit (CD) accounts and plans to open at least five more by the end of month. The funds amount to about a million dollars and there is more work to be done, he remarked. Mr. Hernandez indicated that he hopes that there will be a Finance Committee meeting soon and responded to Council questions regarding interest earnings. He emphasized that the City earns money on idle cash and noted that interest earned on the CDs range from 4.7 to 5.1 % MOTION: By Councilmember Carden, seconded by Councilmember Luna to approve Item #2; motion passed 5:0 by roll call vote. Re: Item #3. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continued from 7/9 and 7/23/96) The Mayor requested a roll call vote on this item. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to approve Resolution No. 63-96; motion passed 3:2 (Luna and Highland opposed). B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 95003/ZONE CHANGE 95006, 7470 EI CAMINO MAL A. Resolution No. 73-96 Approving an amendment to the General Plan Land Use Map designation from Office and Commercial Service to Commercial Retail at 7470 EI Camino Real (Planning Commission recommendation Adopt) B. Ordinance No. 310 - Amending Map 17 of the official zoning maps by rezoning certain real property located at 7470 El Camino Real from Commercial Professional and Commercial Service to Commercial Retail (PD1 1) and amending the Zoning Ordinance text to create Planned Development Overly #11) (Planning Commission recommendation: Waive reading in full and introduce on first reading by title only) Steve Decamp provided the staff report and recommendations to approve. Brief Council questions followed. • CC 8/13/96 Page 4 • Public Comments: Wayne LePrade, agent for applicant, spoke in favor of the staff recommendation and urged approval. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Resolution No. 73-96; motion passed 5:0'by roll call vote. MOTION: By Councilmember Carden, seconded by Councilmember Bewley to waive the reading in full and introduce Ordinance No. 310 on first reading, motion passed unanimously by roll call vote. 2. ZONE CHANGE 96001/CONDITIONAL USE PERMIT 960011, 9705 EAST FRONT ROAD A. Ordinance No. 308 - Amending the official Zoning Ordinance text to add "Indoor Recreation Services" as an allowable use in the public zone. (Planning Commission recommendation: Waive reading in full and introduce on first reading by title only) B. Conditional Use Permit 96001 (Planning Commission recommendation: Approve) Councilmember Bewley stepped down from deliberations on this matter due to a potential conflict of interest. Steve DeCamp provided the staff report and recommended approval. He noted that the zoning change will add "indoor recreational uses" to the list of allowed uses in the (P) Public Zone and pointed out that, although typically not seen at the Council level, staff is also requesting approval of the Conditional Use Permit (CUP) as the application had been accompanied by the zone change. Public Comments: Terril Graham, 6205 Conejo Road, commented that the City is failing to follow up on building permits to ensure that projects are completed as approved. He urged staff to make sure and follow up on this particular project. Steve Dummit, applicant, spoke in support of the project and requested approval. ---end of public testimony--- cc 8/13/96 Page 5 I MOTION: By Councilmember Johnson, seconded by Councilmember Luna to waive the reading in full and introduce Ordinance No. 308 on first reading by title only; motion passed 4:0 by roll call vote. MOTION: By Councilmember Johnson, seconded by Councilmember Luna to approve Conditional Use Permit 96001; motion passed 4:0 by roll call vote. Councilmember Bewley returned to the dias. C. REGULAR BUSINESS: ' 1. DISCUSS GIVING DIRECTION TO STAFF TO AMEND RESOLUTION NO. 122- 94 REGARDING AUTHORIZATION FOR USE OF LINE OF CREDIT AT MID- STATE BANK (Staff recommendation: Provide direction) Andy Takata explained that the City's cash flow is in good shape and because of this does not think it is necessary to continue the line of credit. The City Treasurer agreed and recommended that Resolution No. 122-94 be rescinded. There was no public comment. MOTION: BY Councilmember Luna, seconded by Councilmember Carden to rescind Resolution No. 122-94; motion passed 5:0 by roll call vote. 2. RESOLUTION NO. 72-96 - Re-authorizing an amended agreement with NCI Affiliates, Inc. for operation of the Lake Park Pavilion food concession. (Parks & Recreation Commission recommendation: Adopt) Brady Cherry provided the staff report and recommended approval. He noted that the amended agreement would allow for the sale of beer and wine at the Back Porch Cafd. He clarified that NCI will carry the liquor license and noted that Item "G" of the exhibit specifies that the beer and wine may only be consumed on-sight and will not be served in disposable cups. Councilmember Johnson asked the Acting Police Chief if there are many alcohol- related incidents at the Park. Lt. Bill Watton explained that are occasional calls, most of which are in the evening. Brady Cherry explained that if staff perceives there to be a problem because of the beer and wine sales, they will notify NCI. If the problems are not resolved, staff can bring the contract back to Council with a request that the privilege be revoked. CC 8/13/96 Page 6 Public Comments: spoke in Terni Graham, 6205 Conejo Road, po opposition to beer and wine sales at the Back Porch Cafe and asserted that the City should not authorize a public facility to serve alcoholic beverages. He suggested that the request be denied and the rent lowered to assist the operator. Ray Jansen, 6655 Country Club Drive, agreed with Mr. Graham and concluded the that the sale of alcoholic beverages in the park contradicts the public's character. Denise Hughes, 7720 Cortez, manager of Back Porch Cafe, spoke in favor of the request and explained that the cafe is primarily a training facility for people with disabilities. She reported that NCI must find a way to make the business viable and pointed out that alcohol is already allowed in the park. She indicated that she does not feel a nine-table cafe will create a problem and assured the Council that the restaurant will enforce strict guidelines regarding alcohol consumption. ---end of public testimony--- Council discussion followed. Mayor Highland commented that there has been alcohol in the park for over thirty years. NCI has done a great job, he said, and they are providing needed training services. The Mayor suggested that the Council approve the contract amendment, but find a way to exclude the beer and wine from the 15% the City receives as payment for rent. There was mutual agreement in support of the Mayor's suggestion. Councilmember Luna inquired whether or not this action would require that the contract be revised. Brady Cherry indicated that staff can amend the agreement to include language reflecting that direction from Council MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Resolution No. 72-96, as amended; motion passed unanimously by roll call vote. The Mayor called a recess at 8:20 p.M. The meeting reconvened at 8:32 p.m. 3. CONSIDERATION OF A RECOMMENDATION FROM THE PARKS & RECREATION COMMISSION TO ESTABLISH A MAINTENANCE ASSESSMENT DISTRICT FOR THE CHARLES PADDOCK ZOO AND ATASCADERO LAKE PARK A. RESOLUTION NO. 76-96 - Initiating proceedings to form a maintenance assessment district for Atascadero Lake Park, Charles Paddock Zoo and Atascadero Lake Park Pavilion . (Parks & Recreation Commission recommendation: Adopt) CC 8/13/96 Page 7 Brady Cherry provided an in-depth staff report summarizing the issues and revenue options for the Charles Paddock Zoo. He explained that if the Council agrees to • form an assessment district, revenues received will be used to supplant the General Fund. Savings from the General Fund that now go to the zoo and park would then be used to repair streets, he proposed. Mr. Cherry also noted that the Council may wish to defer action and take the matter to the voters during a special election in 1997. Council discussion followed regarding the "Joel Fox initiative" and how it will impact cities if it is passed in November. The City Attorney also provided an overview of the assessment district process and responded to questions. Individual remarks followed. Mayor Highland commented that the zoo's budget has been unrealistic for sometime. There is a misconception, he said, that funding has decreased, but pointed out that, in fact, the General Fund makes up the difference each year for the zoo's deficit. The City is still supporting the zoo at a level higher than $70,000, he articulated. The Mayor spoke in favor of forming the assessment district and commented that it will provide an opportunity to determine how many folks in the community really do support the zoo. Brady Cherry responded to questions from Councilmember Luna about the number of visitors annually. He pointed out that in addition to entry fees there are other types of revenue generated at the zoo and emphasized that the zoo is cost- effective considering what the City invests. Councilmember Luna asked staff if any consideration has been given to developing a formula similar to the Chamber of Commerce and SLO County Visitors Conference Bureau. Brady Cherry reported that the Parks & Recreation Commission looked into requesting a portion of the transient occupancy tax, but decided against it. He noted that staff has requested that the County provide some reimbursement for educational benefits of the zoo based upon the number of school children outside of the City of Atascadero. Andy Takata noted that information is gathered about visitors to determine where people are coming from when they visit zoo. Councilmember Luna said he wants to see this information and encouraged additional studies and research. Brady Cherry summarized issues relevant to privatization and, as a final option, closure of the zoo. Councilmember Luna inquired as to the predicted costs associated with forming the proposed assessment district. Brady Cherry reported that a contract assessment engineer would have to be hired and speculated the preliminary study would cost $20,000. Art Montandon clarified that a special election to pass a special tax requires a two-thirds vote and added that the assessment district process requires two mailings of public notices, which would add to the cost. Brady Cherry responded to additional Council questions regarding zoo membership revenues (which average $95,000/year), business sponsorships (a good idea; a CC 8/13/96 Page 8 would require the adoption of a policy) and fund-raising efforts (Mr. Cherry clarified that the Zoo Society is all volunteer and a professional fund-raiser requires a contingency). Councilmember Bewley commented that the assessment district concept would tax only the property owners and pointed out that it is not just property owners who use and enjoy the zoo. He suggested that if an assessment district is placed on the ballot, that the question take another form. He emphasized the importance of determining what is important to the citizens of Atascadero. Public Comments: ' Rush Kolemaine, 4580 Potrero, proposed that the Parks& Recreation Commission may have a conflict of interest because many of them are members of the SLO County Zoological Society. He commented that the assessment `,district would not be successful if each property owner is charged the same amount, despite their income, and suggested that the assessment be by valuation of the property. Mr. Kolemaine remarked that he has a problem with pursuing the assessment district unless there is a clear indication from the Zoo Society about why they won't accept full responsibility for the zoo when they insist on telling the City how to run it. Lee Swam, 9065 Lakeview Drive, spoke in favor of the proposal,to pursue some type of outside support for zoo. He read a letter which was received by the Atascadero Community Services Foundation pledging $50,000 to the zoo by the Buttles Family Trust of Avila Beach, with an additional $10,000 pledge to the SLO County Zoological Society to be funded in January 1997. Mr. Swam noted that this pledge could be used as seed money for establishing a long-term endowment fund, a form of privatization. Mike Blackburn, resident of Atascadero speaking on behalf of Mike Phillips, said that Mr. Phillips is still interested in negotiating the privatization of the zoo. Robert Nimmo, 7375 Bella Vista Road, commented that the zoo'i is an important City attribute, but explained that City officials must answer the following questions: "Can a small urban community afford a zoo?" and "If we're going to ask people to vote to increase taxes, for what purpose do we ask for the increase?". He commented that the City may not be able to afford the luxury of keeping the zoo open if it cannot maintain the essentials and pointed out that streets all over town are falling apart. Mr. Nimmo contended that if the City Council decides to put the assessment district on the ballot, than it should give the voters a choice about how the money will be spent. Leo Korba, 10905 Santa Ana Road, spoke in favor of considering the option of a utility tax because it includes everyone. The money, he added, ran be used to CC 8/13/96 Page 9 fund the zoo, streets and others services. Councilmember Luna asked the City Attorney whether or not a utility tax adopted by the City Council would have to be ratified by a vote of the people, as a result of Proposition 62 (the "Santa Clara vs. Guardino decision"). Art Montandon advised that it probably would, but clarified that the decision is still being litigated. Jim Williamson, 10615 Realito, commented in favor of the assessment district and recommended approval. He said that deferring the matter to an election will only delay action and increase the costs to form the district. Terril Graham, 6205 Conejo Road, protested adoption of an assessment district and spoke in favor of taking the matter to the vote of the people. Paul Hood, 2755 San Fernando Road, commented that as a member of the Zoo Society Board and Vice Chair of the Parks & Recreation Commission, he believes that the formation of an assessment district is the best option for providing funding to the zoo, lake park and pavilion, with or without a vote. Rich Schneider, resident and President of the SLO County Zoological Society, asked the City Council to keep in mind that the Society is all volunteers. He provided a report on the numbers who have visited the zoo in recent years and summarized the educational outreach program that is conducted by the Society. He indicated that he supports the assessment district formation. Bill Zimmerman, 6225 Lomitas, argued that the zoo is not a Luxury, but an important part of what the community is all about. He spoke in support of placing the matter on the ballot so that the public can decide whether or not they wish to subsidize the zoo. Tanny Smida, 14505 San Miguel Road in Atascadero, reported that she had recently written an open letter to the community seeking support for the zoo and urged the City Council to find a way to keep and maintain it. Bob Johnson, 3985 Rosita Avenue, emphasized that the zoo is a economic draw to the community and urged the Council to protect and develop it. Ray Jansen, 6655 Country Club Drive, asked if the assessment was a straight sum per parcel or proportional to property value. Brady Cherry explained that the preliminary estimate would be developed as part of the engineer's report. Art Montandon added that legally an assessment must be placed upon the property based on benefit and added that it cannot be calculated on the valuation of the property. CC 8/18/96 Page 10 Brian Yellan, 5660 San Jacinto, remarked that he supports either an assessment . district or utility tax to ensure that Atascadero does not lose a valuable and educational tool for children. Barbie Butz, 3370 San Fernando Road, provided statistics regarding the use of the zoo by children and adults. She indicated that as a member of the Parks & Recreation Commission she supports the assessment district formation. Lois Ramont, 9154 Palomar, commented that as a zoo supporter, she would hate to see it commercialized or privatized. After looking at the budget, she said, it is easy to see that the City doesn't have enough revenue. She urged the-Council to take action to enhance revenues and mentioned that she supports the theory that residents should pay for the services they receive. ---end of public testimony--- Council comments followed. Mayor Highland pointed out that the city has lost considerable money to the State, emphasized that only 16% of what the taxpayers pay is actually received by the City and noted that services have,; stayed the same. He said that the Council needs get an indication from the community about what services they are willing to give up and what their priorities are. Councilmember Luna proposed that the City continue to fund the zoo until the question can be put on the ballot. In the meantime, he said, he ,would like staff to research a formula similar to the Chamber's. Councilmember Luna also criticized staff for waiting too long to bring the matter to Council and missing the opportunity to place it on this year's ballot. Councilmember Johnson said he is reluctant to take action on a single revenue issue at this time and wants to review other options. Councilmember Bewley agreed and indicated that he is not supportive of forming an assessment district for the zoo when the City has other serious problems like streets. Councilmember Carden concurred and added that it is imperative that the City finds out how residents feel on all the issues. Brady Cherry suggested that a survey be conducted, perhaps through the local newspaper, as a method for polling residents countywide about the zoo and reported that there have been several offers by others to pay for the cost of the survey. Mayor Highland commented that surveys do not usually yield a good response and added that a vote of the people is the only valid way to get the input. Council requested that this matter,along with other revenue entrancement proposals, come back with the budget. There was consensus to take no action CC 8/13/96 Page 11 on the resolution. In addition, Council requested that staff bring back a realistic budget for the zoo. 4. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4- 2.1009 and 4-2.1010 to the Atascadero Municipal Code, prohibiting skateboard and roller skating on public property (Staff recommendation: Adopt on second reading) Art Montandon provided the staff report and noted that the Traffic Committee would be reviewing recommendations for posting public areas in the downtown. Councilmember Carden commented that he had seen a map representirrg staff recommendations for posting and cannot support it because it looks like a total ban. Councilmember Luna agreed and asserted that there has to be some corridors to allow traveling to and from schools. MOTION: By Councilmember Luna seconded by Councilmember Johnson to adopt Ordinance No. 307 on second reading; motion passed 5:0 by roll call vote. D. COMMITTEE REPORTS - The following represent standing committees. Informative status reports were given as follows: 1. Council of Governments - Councilmember Carden reported that COG will be reviewing a recommendation to approve'an additional $1 .00 tax per vehicle for call boxes, a project totaling approximately $190-200,000 per year. He note that this will bring the vehicle registration fee up to $5.00 and that he will vote in opposition. 2. Nacimiento Water Advisory Board - Mayor Highland reported that the board had met on August 7th and had reviewed financial data prepared by a consultant. He noted that he had placed this information on the Council counter for review. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Highland requested a projected time-frame for starting and implementing bike lanes. Andy Takata reported that prior to going to bid, public forums will be held to get input from the community, particularly because of parking impacts. It was noted that the City Engineer plans to be bringing the plans forward around October and prior to the deadline in February of 1997. Councilmember Carden mentioned that COG had just voted to extend some time-lines and suggested that staff inquire about that action. CC 8/13/96 Page 12 Councilmember Johnson reported that he will be out of the region for approximately two weeks and will miss the second meeting of the month of August. Councilmember Carden noted that he, too, would be on vacation during the same time period and would also miss the same meeting. 2. City Clerk Lee Price reported that the City-sponsored test claim for reimbursement of costs associated with a State mandate had been denied by the Commission on State Mandates at their formal hearing on July 27th. A copy of the denial would be placed in their boxes, she added. ' The City Clerk also requested that the City Council agree to interview candidates for the Traffic Committee on Tuesday, August 27th at 6:00 p.m. The City Council so agreed. 3. City Manager Andy Takata reported that Councilmember Johnson had shared with him some concerns regarding the Paso Robles site selected to be the location for the North County campus of Cuesta College. Brief discussion ensued. The City Council directed staff to draft a letter for the Mayor's signature expressing concern about the chosen sight and requesting that consideration be given to a different location. r At 10:40 p.m., the meeting was adjourned to Closed Session. The Closed Session was adjourned at approximately 11:00 p.m. to a special Closed Session on Wednesday, August 14th at 7:00 p.m. MINUTESE'CORDED ND REPARED BY: C� LEE PRICE, C.M.0 CITY CLERK CC 8/13/96 Page 13 REPORT TO (`TT'' (1'^TTlk11TL + . ''g Date n TY na �amnrnnntnn r T a_.T S "� riS n.ia_,t-ate% it_a_r ng�ilii 1 tem, Frrir. 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Takata Date: 0$/27/96 City Manager File No. i TPM #96007 Via: ✓ Steven L. Decamp, City Planner From: Doug Davidson, Senior Planner SUBJECT: Consideration of a tentative parcel map application to divide two lots, 1 . 05 and 1 . 15 acres each, into four parcels of 0 .50, 0.50, 0 .51, and 0 .55 acres each for single family residential use. Sub- ject site is located at 8745/8775 Coromar Road (Dale and Alfreda Jackson/Jim Shores) (Sholders Surveys) . RECOMMENDATION: Per the Planning Commission' s recommendation, approval of Tenta- tive Parcel Map #96007 based on the Findings of Approval contained in the staff report, dated August 6, 1996, and subject to the Revised Conditions of Approval. BACKGROUND: On August 6, 1996, the Planning Commission conducted a public hearing on the above-referenced map. After discussion (see attached Minutes Excerpts) , the Commission recommended approval of Tentative Parcel Map 96007 . /ph Attachments : Planning Commission Staff Report - August 6, 1996 Minutes Excerpts - August 6, 1996 Revised Conditions of Approval - August 6, 1996 cc: Dale and Alfreda Jackson Jim Shores Douglas Sholders 000010 CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: August 6, 1996 BY: foug Davidson, Senior Planner File No: TPM #96007 z- SUBJECT: Consideration of a tentative parcel map application to divide two lots, 1 .05 and 1 . 15 acres each, into four parcels of 0. 50, 0 . 50, 0 .51, and 0. 55 acres each for single family residential use. RECOMMENDATION Staff recommends the following actions: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That Tentative Parcel Map #96007 be approved based on the Findings for Approval contained in Attachment E and the Conditions of Approval contained in Attachment F. A. SITUATION AND FACTS: 1 . Applicant. . . . . . .Dale and Alfreda Jackson and Jim Shores 2 . Representative. . . . . . . . . . . . . . . . . . . . . . . .Shoulders Surveys 3. Project Address. . . . . . . . . . . . . . . . . . 8745/8775 Coromar Road 4 . Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 .25 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (Res. Single Family, 1/2 acre minimum lot size) 7 . General Plan Designation. . . . .High Density Single Family 8 . Existing Use. . . . . . . . . . . . . . . .Single Family Residences (2) 9. Environmental Status. . . . . . . . . . . . . . .Negative Declaration posted July 19, 1996 1 00011 B. BACKGROUND On November 7, 1995, the Planning Commission recommended approval of Tentative Parcel Map 95005; a flag lot subdivision of one 1 . 13 acre parcel into two lots of 0.50 and 0.53 net acres each located at 8775 Coromar Road. The City Council approved the request at their November 28, 1995 meeting. Proposed parcels #3 and #4 of the current request (Tentative Parcel Map 96007) encompass this previous subdivision action and include the adjacent property in a four-way configuration. Although Tentative Parcel Map 95005 complied with all Subdivision Ordinance standards, the current request is an improvement. By including the adjacent property, the City policy of reducing the number of driveways and sharing driveways is promoted. C. ANALYSIS• The subject request is to subdivide two existing lots, 1 . 05 and 1 . 15 gross acres, into four parcels of 0.50, 0. 50, 0"#. 51, and 0 . 55 net acres each for single family residential use. The proposed project, located at 8745/8775 Coromar Road, will be examined in light of the site's land use designation and the City' s Flag Lot (Deep Lot) Standards found in the Subdivision Ordinance. The high density (1/2 acre) single family residential area, centered around Atascadero and Portola Roads has grown in area over the last 10 years. The 1992 Land Use Element Update resulted in additional parcels in this zone. Prior to this action, in 1985, Coromar Road was changed from Moderate Density (one acre minimum ) to High Density. With its proximity to the center of town, good access, gentle slopes, and urban services, this area has continually been seen as suitable for higher density single family development. Furthermore, encouraging higher density on Coromar Road with the approval of the General Plan Amendment, in turn, portended the creation of additional flag lots. These relatively long and narrow one acre lots, particularly the parcels located between Highway 101'; and Coromar, such as the subject site, are especially appropriate for flag lot subdivision. In order to approve the creation of flag lots, the proposed parcel map must meet the flag ,lot criteria of the Subdivision Ordinance contained in Section 11-8 .209 (or be granted an exception) and the Findings for Approval shown in Attachment E must be affirmed. First, the project complies with all the Subdivision Ordinance flag lot standards . In addition to the Finding of consistency with the Subdivision Ordinance and General Plan, staff believes that the other necessary Findings can be made. The subdivision is consistent with the character of the neighborhood and the site is physically suitable for two • 2 000 01 additional residences. The proposed building sites are relatively level and no grading or tree removal is necessary. Tree protection will be required for driveway access through the two oak trees on proposed Parcel 3. If these two properties were undeveloped, staff would be recommending a relinquishment of access rights across the frontage of this property, except for the area of the 25 foot flag lot accessway. This action would create one driveway to be shared by four single family residences. In the subject case, however, proposed Parcel 4 is fully developed with a loop driveway. This type of driveway construction was a good approach to reduce the impact to the two oaks in the front of the property. Due to the existing driveway improvements, the low volume of traffic on Coromar Road, and the nature of the uses (single family residential) , staff is comfortable with the closeness of the two driveways as proposed. Proposed parcels #l, 2, and 3 would be served by the common driveway. Noise Noise contour maps contained in the General Plan' s Noise Element show existing and future levels of noise exposure from stationary sources throughout the City. According to the future noise contour maps, proposed Parcel 2 and Parcel 3 will fall within the 65 Ldn (Day/Night Average Sound Level) associated with Highway 101 . Pursuant to the Noise Element, new residential developments occurring in areas potentially exposed to noise levels between 60 Lan and 70 Ldn are acceptable, but require mitigation; new residential developments in areas exposed to noise levels of 60 Ldn or less require no mitigation. Therefore, protective measures must be incorporated into this project to reduce the potential noise exposure for the future dwellings on proposed Parcels 2 and 3 . According to the Acoustical Design Manual (Technical Appendix to Noise Element) , an acoustical analysis performed by an expert is not required nor necessary to mitigate noise impacts for this particular project. Rather, protective measures described as "standard noise mitigation packages" may be imposed to reduce noise exposure to an acceptable level . Because no portion of the site will experience noise levels exceeding 65 Ldn, and because new residential development not exceeding 60 Ldn are considered acceptable, a Noise Level Reduction (referred to as NLR in the Acoustical Design Manual) of at least 5 decibels must be achieved. 3 0600-13 Such a NLR value has already been incorporated into the project as proposed. In fact, the Acoustical Design Manual ;states that normal construction practices per the latest edition of the Uniform Building Code are sufficient to provide a NLt value of 15 decibels . During plan check review, Planning staff will offer the homeowner/builder suggestions to further reduce noise exposure, such as window and wall treatment, floor plan and building orientation alternatives, and other sound attenuation methods . D. CONCLUSIONS• The project is consistent with the City's General Plan and, with conditions of approval recommended herein, satisfiesapplicable Zoning/Subdivision requirements. Upon review of the site and its surroundings, staff has found no indication that potentially significant environmental effects could result from project approval and has found the project consistent with the character of the neighborhood in which it is located. ATTACHMENTS: Attachment A -- Location Map (General Plan;) Attachment B -- Location Map (Zoning) Attachment C Tentative Parcel Map Attachment D -- Negative Declaration Attachment E -- Findings for Approval Attachment F -- Conditions of Approval 4 CITY ATTACHMENT A ..•. ,� OF ,� SCADERO LOCATION/ZONING MAP «.,lad to COMMUNITY DEVELOPMENT TPM 96007 DEPARTMENT r jT 4r 14 , RSF ck / / ,�F `�. -u°Ca Com_-+ ;. •b� w SF---4XNO .a0 < O C Co / s ° ' L ' 1 v tea ` ��• N 1 �+ `+ Rcr Sc 41 11 AD_ Al i f 000015 v .. AP ATTACHMENT C. CITY OF ATASCADERO �..ti TEN TATIVE PARCEL MAP COMMUNITY DEVELOPMENT TPM 96007 c9..:. DEPARTMENT GRAPHIC SCALE to, (MRRj •` IM•.N A, � � I• C/7Y OF Ili i AUMADMW s�rF H/6JyI•V.9Y all e•A7•II�"A-I[pg7'f•,11N� r ���'�'--- PICIAVYUAP lCn1n.K Lat. R,A7's Yl�t w.,•nav L.�aj ,J� __._. � �rrnrA,v COAs. NJSi ;z •~ ASSESSOR PARCEL UMBERS LOT u,Olt-M--00 _ O.taO Afwc urfsany {, �( ya SURVEYOR' A7-AnfYAffCff ARCA)i" E N�rNOC{K !A rAantl 1 i' i L1 t ,y{`tIl AfACf rD/,A •h 1; lNI AL1kLl /WA Z'[ DQA1c�!4 l•CY DLl'! 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ATASCADERO. CA 93422 (805) 461-5035 .APPLICANT: DALE/ALFREDA JACKSON JIM SHORES 8745 COROMAR ROAD 5200 SAN BENITO ATASCADERO, CA 93422 ATASCADERO, CA ' 93422 , PROJECT TITLE: TENTATIVE PARCEL MAP 9600 � PROJECT LOCATION: 8745/8775 COROMAR ROAD , PROJECT DESCRIPTION: PROPOSED DIVISION OF TWO LOTS, 1 . 10 AND 1 . 15 ACRES IN SIZE, INTO FOUR PARCELS OF 0 . 50, 0 . 50, 0 . 59, AND 0 . 55 ACRES EACH . MMINGS: 1. The project does not have the potential to degrade the environment. • 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. i ze project does not have impacts which are individually limited. but comulativeiy considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment. STEVEN L. DECAMP CITY PLANNER Date Pasted: JULY 16 , 1996 Date Adopted: AUGUST 6, 1996 • CDA 11-89 000015 ATTACHMENT E - Findings for Approval Tentative Parcel Map 96007 8745/8775 Coromar Road (Jackson/Shores/Sholders) . August 6, 1996 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1 . The proposed subdivision is consistent with applicable General and Specific Plans. 2 . The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans . 3 . The site is physically suitable for the type of development proposed. 4 . The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems . FLAG LOT FINDINGS: 1 . The subdivision is consistent with the immediate neighborhood. 2 . The installation of a City standard street, either alone or in conjunction with neighboring properties, is not feasible. 3. The flag lots are justified by topographical conditions . . 000019 ATTACHMENT F -- Conditions of Approval Tentative Parcel Map 96007 8745/8775 Coromar Road (Shores/Jackson/Sholders) August 6, 1996 CONDITIONS OF APPROVAL: Fire Department Conditions i . A turnaround shall be provided at all building or structure sites on driveways over 150 feet in length and shall be within 50 feet of the building or structure. Turnarounds may be an 80 foot diameter bulb, ';a Hammerhead "T" 92 feet long, or a Key turnaround 56 feet long. Engineering Division Conditions 2 . Ail public improvemen s shail be cons ruc e in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3 . The applicant shall enter into an Plan Check/"..Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 4 . An encroachmentermit shall be obtained btained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared '';for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminaryreport. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots . 6. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 1 00()0ti0 7 . The relocation and/or alteration of existing utilities shall be the responsibility of the developer. is 8 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 9. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 10. Drainage shall cross lot lines only where a drainage easement has been provided. Drainage from off-site areas shall be conveyed across the subdivision in drainage easements, or as approved by the City Engineer. 11 . A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 12 . The applicant shall enter into a Drainage Acceptance Agreement with the City for the storm water run-off which discharges from Coromar Road onto Parcel 4 . The form and content of the agreement shall be reviewed by the City Engineer and the City Attorney. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel map. 13. The applicant shall submit a Driveway Maintenance Agreement for the driveway which serves Parcel 1, Parcel 2, and Parcel 3. The form and content of the agreement shall be reviewed by the City Engineer and City Attorney. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel map. 14 . The applicant shall submit a sewer Maintenance Agreement for the 6" sewer lateral which serves Parcel 2 and Parcel 3. The form and content of the agreement shall be reviewed and approved by the City Attorney and City Engineer. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel map. 15. Access easements shall be submitted for the driveway which serves Parcel 1, Parcel 2, and Parcel 3. The easements shall be submitted for review and approval by the City Engineer. The easements shall be recorded prior to or in conjunction with the recording of the parcel map. 2 0000 1 15. The applicant shall construct a 4' wide aggregate base shoulder along the entire Coromar Road property frontage in conformance with City Standard 401 Type A ',prior to the issuance of building permits. 17 . A black line clear Mylar (0. 4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 18 . A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The final map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 19. Sewer connection fees shall be paid prior to the recordation of the final map. Planning'Division Conditions 20. Construction of the new residences along the freeway shall comply with the noise mitigation measures of the Noise Element as contained in Volume III - Acoustical Design Manual. (Note: Normal construction practices under current building codes should accomplish the necessary noise level reduction without further mitigation. ) 21 . A reflectorized house number master sign shall be installed at the intersection of the street and accessway and an individualized reflectorized address sign shall be placed on the right hand side of the driveway to the rear lots. 22 . Improvement plans for the private accessway shall be reviewed and approved prior to beginning any work on the driveway. The accessway shall consist of 20 feet of paving, extend the entire length of proposed Parcels 1 and 4, and include the Fire Department turnaround'! standards referenced in Condition #1 . The accessway shall be completed prior to recording the final map. 23 . This tentative map approval shall expire two '(2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. • 3 o000"" ATTACHMENT F -- Conditions of Approval Tentative Parcel Map 96007 8745/8775 Coromar Road (Shores/Jackson/Sholders) As Revised by the Planning Commission August 6, 1996 CONDITIONS OF APPROVAL: Fire Department Conditions 1 . A turnaround shall be provided at all building or structure sites on driveways over 150 feet in length and shall be within 50 feet of the building or structure. Turnarounds may be an 80 foot diameter bulb, a Hammerhead "T" 92 feet long, or a Key turnaround 56 feet long. Engineering Division Conditions 2. ATI pu—Tlic improvements shall Fe cons ruc e 77 conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3 . The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 4 . An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report . A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 6 . All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 1 0000'A"3 7 . The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 8 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 9. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface las required by the City Engineer. 10 . Drainage shall cross lot lines only where a drainage easement has been provided. Drainage from off-site areas shall be conveyed across the subdivision in drainage easements, or as approved by the City Engineer. 11 . A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits . A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 12 . The applicant shall enter into a Drainage Acceptance Agreement with the City for the storm water run-off which discharges from Coromar Road onto Parcel 4 . The form and content of the agreement shall be reviewed by the City Engineer and the City Attorney. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel map. 13 . The applicant shall submit a Driveway Maintenance Agreement for the driveway which serves Parcel 1, Parcel 2, and Parcel 3 . The form and content of the agreement shall be reviewed by the City Engineer and City Attorney. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel; map. 14 . The applicant shall submit a sewer Maintenance Agreement for the 6" sewer lateral which serves Parcel 2 and Parcel 3. The form and content of the agreement shall be reviewed and approved by the City Attorney and City Engineer. The agreement shall be recorded prior to, or in conjunction with, the recording of the parcel'; map. 15. Access easements shall be submitted for the driveway which serves Parcel 1, Parcel 2, and Parcel 3. The easements shall be submitted for review and approval by the City Engineer. The easements shall be recorded prior to or in conjunction with the recording of the parcel map. 2 0000 ZA 15. The applicant shall construct a 4' wide aggregate base shoulder along the entire Coromar Road property frontage in conformance with City Standard 401 Type A prior to the issuance of building permits. 17 . A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 18 . A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The final map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 19. Sewer connection fees shall be paid prior to the recordation of the final map. Planning Division Conditions 20 . Construction of the new residences along the freeway shall comply with the noise mitigation measures of the Noise Element as contained in Volume III - Acoustical Design Manual . (Note: Normal construction practices under current building codes should accomplish the necessary noise level reduction without further mitigation. ) 21 . A reflectorized house number master sign shall be installed at the intersection of the street and accessway and an individualized reflectorized address sign shall be placed on the right hand side of the driveway to the rear lots . 22 . Improvement plans for the private accessway shall be reviewed and approved prior to beginning any work on the driveway. The accessway shall consist of 20 feet of paving, extend the entire length of proposed Parcels 1 and 4, and include the Fire Department turnaround standards referenced in Condition #1 . The accessway shall be completed prior to recording the final map. 23. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 24 . The existing accessory buildings shown on proposed Parcel 2 shall be removed prior to recording the parcel map. 3 0000111,15 MINUTES EXCERPTS- 8/6/96 Planning Commission Meeting, August 6, 1996 At this point, Chairman Edwards polled the Commission on its desire to have Mr. Hanley stay to present information on code enforcement at the end of this meeting. Because this was not on the agenda, the Commission decided to-postpone the code enforcement presentation to a future meeting, either September 17 or October 1, preferably September 17 . Mr. Hanley was asked to come back at that time. B. 2 . TENTATIVE PARCEL MAP #96007: Consideration of an application filed by Dale and Alfreda Jackson/Jim Shores (Sholders Surveys) to divide two lots - 1 .05 and 1 . 15 acres each - into four parcels of 0.50, 0.50, 0 .51, and 0 .55 acres each for single family residential use. Subject site is located at 8745/8775 Coromar Road. STAFF RECOMMENDATION: (Davidson) 1. That the Negative Declaration prepared for the project be found adequate under the provisions of the California Environmental Quality Act; and 2 . Approval of Tentative Parcel Map 195007 based on Findings in Attachment E and the Conditions of Approval in Attachment F. TESTIMONY: None. ACTION: Find that the Negative Declaration prepared for the project be found adequate under the provisions of the California Environmental Quality Act. Motion: Johnson Second: Wallace AYES : Johnson, Wallace, Bowen, Sauter, Hageman, Zimmerman, Edwards NOES : None ABSENT: None MOTION PASSED: 7 :0 (Page 5 of 7 ) 000026 Planning Commission Meeting, August 6, 1996 ACTION: Approve Tentative Parcel Map #96007 based on Findings for Approval in Attachment E and the Conditions of Approval as modified with the addition of Condition #24 in Attachment F. Motion: Johnson Second: Wallace AYES : Johnson, Wallace, Bowen, Sauter, Hageman, Zimmerman, Edwards NOES: None ABSENT: None MOTION PASSED: 7:0 (Page 6 of 7 ) 0000 "7 9 REPORT TO CITY COUNCIL ITEM: • DANE: 8/27/96 a THROUGH: ANDREW J. TAKATA, CITY MANAGER FROM: Brady Cherry, Director, Department of Community Services SUBJECT: RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH HOPE LUTHERAN CHURCH OF ATASCADERO FOR USE OF THE PAVILION ON SUNDAY MORNINGS RECOMMENDATION: Approve Resolution 74-96, authorizing a one year lease agreement with Hope Lutheran Church of Atascadero for use of the Atascadero Lake Pavilion on Sunday mornings. DISCUSSION: The Atascadero Lake Pavilion has been used by various local Churches for Sunday services for the past several years. The most recent Church to occupy the Pavilion,Neighborhood Church, relocated to Templeton. The Pavilion is seldom used on Sunday mornings for City or outer rental purposes. As such, renting to Churches is a good use of our rental space. Church groups have minimal impact on our facilities and provide a steady source of rental income to help offset maintenance and operational costs. FINANCIAL IMPACTS: Rental of the Atascadero Lake Pavilion to Hope Lutheran Church of Atascadero will provide $6,000.00 in rental income for the Pavilion during the terms of the lease. RESOLUTION NUMBER 74-96 RESOLUTION OF THE CI`PY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HOPE LUTHERAN CHURCH OF ATASCADERO FOR LEASE OF THE ATASCADERO LAKE PAVILION ON SUNDAY MORNINGS SEPTEMBER 8, 1996 - AUGUST 31, 1997 The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Hope Lutheran Church of Atascadero for Lease of the Atascadero Lake Pavilion. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 27th of August, 1996. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 00001A1119 • LEASE AGREEMENT This Lease Agreement is made and entered into this date September8. 1996 , 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 Hone Lutheran Church of Atascadero, 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 tenant is Hope Lutheran Church of Atascadero, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Hope Lutheran Church of Atascadero P.O. Box 1957 Atascadero, California 93423 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 shawl 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. 1 000030 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 Atascadero Lake Pavilion and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on September 8, 1996. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of one (1) years. 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a minimum monthly rent of $500.00, during each month of the term of this Lease. The monthly rent shall be due and payable on the first day of each month. 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 monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of 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. 000031 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 pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if apy, 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 shallbe prorated on the • basis of a 360-day year. 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay' Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor 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 • 3 000032 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. 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 4 000033 Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to operate Church and Sundav School Services, 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 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 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. 8.2.3 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 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 • 000034 remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. . 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay the charges when due for ail gas and heat, light, power, telephone service, trash collection and all other services and utilities supplied to the leased 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 Property Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting 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. 6 000035 11.2 Removal of Personal Property Provided that Tenant i i s not then m 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. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1.1 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 based 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 weekly. 12.1.2 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. 12.1.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 13. INDEMNITY AND INSURANCE 000036 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. Suchpolicies 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 year to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance Each policy of insurance required 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. 8 000037 Each policy, or a certificate of the policy, together with evidence of the payment of • premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and' the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated 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 the leased premises. In 9 000038 the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. 15. ASSIGNING SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT: LANDLORD'S REMEDIES 161 Insolvencv 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. 10 000039 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 (14) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, 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 Damaies 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 11 000010 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all 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. 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 12 1 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. 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 Entry Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21.1.1 To determine whether the premises are in goad 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 premises; and 21.1.4 To shore the foundations, footings, and wallsof the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property 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. 21.2 Exercise of Right 13 0000,12 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. 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 14 0000,13 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 may 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 parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all • court costs and a reasonable 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. 15 0000,111 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Tenant: JERRI DAHLEN Attest: LANDLORD, CITY OF ATASCADERO By: LEE PRICE GEORGE P. HIGHLAND, City Clerk Mayor Approved as to form: ARTHER R. MONTANDON, City Attorney C:\W P51\CNTRCCS\LUTHERN.LEA lb 0000,15 3 i EXHIBIT A DESCRIPTION OF LEASED PREMISES: The following portions of the Atascadero Lake Pavilion of the City of Atascadero: ROTARY ROOM, GRONSTRAND ROOM, AND COMMUNITY''ROOMS AS INDICATED ON THE ATTACHED MAP. Tenant will occupy the above-described space every Sunday, 7:30 A.M. to 12:30 P.M. (with the exception of Sunday, September 22, 1996 and Sunday, November 3, 1996). ADDRESS: 9315 Pismo Avenue Atascadero, California 93422 17 0000116 d � c o - o > U 1Y c 0 .c � V 1p Co a / ¢ / --- - ------ ----------------- ---------------i' E Z - -- � CL X W mr: m 04 c m U C Y t o U N P Y IIIIIIIIIIIIIl1IiIlillllllilllllillllllll111lIII11I 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. Hone Lutheran Church of Atascadero staff shall submit to the Director of Community Services, prior to each December 1st, information regarding . Minimum monthly rent for the term of this Lease Agreement shall be $500.00. 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. 19 0000'13 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,l 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 lockor 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. User will be responsible for leaving the building in a clean and orderly fashion. 7. User must return equipment in the same condition as received and will be responsible for all damages and/or lost equipment. ?0 000050 8. User must remove all decorations and supplies form building after rental is completed. (Storage is not available). 9. Garbage needs to be emptied into dumpster. (You must supply your own trash bags). 10. 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. DECORATING POLICY 1. All decorations must be flame retardant material. 2. No glitter, confetti, birdseed, hay, rice, or flower petals may be thrown or used as a decoration in or outside of the building. 3. Open flame decorations, such as candles or lanterns, are prohibited. 4. Any plants or shrubs brought in to the building must be in a waterproof container. 5. When decorating, do not fasten any decorations to light fixtures or floors. Scotch tape, masking tape, duct tape, thumb tacks, nails, staples, etc., are not allowed. A special substance called "Hold it" may be utilized. 6. All decorations belonging to the user must be disposed of immediately after the event. Any decorations left may be discarded by the Department immediately after the event. C:%CNTRCTS\LUCHERN.LEA 21 OCO0sl 1 REPORT TO CITY COUNCIL ITEM: DATE: 8/27/96 THROUGH: ANDREW J. TAKATA, CITY MANAGER FROM: Brady Cherry, Director, Department of Community Ser*ices � SUBJECT: RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH CHRIST THE KING REFORMED EPISCOPAL CHURCH FOR USE OF THE CITY ADMINISTRATION BUILDING ROTUNDA ROOM RECOMMENDATION: Approve Resolution 75-96, authorizing a one-year lease agreement with Christ The King Reformed 'Episcopal Church for use of the City Administration Building on Sunday mornings. DISCUSSION: The City Administration Building has been rented on an hourly basis by Christ The King Reformed Episcopal Church for the past several months. The process of renting the facility on an hourly basis is time consuming and requires constant tracking and monitoring by City staff. Entering into a monthly agreement will save staff time and simplify the rental process. In addition, the City Administration Building is seldom used on Sunday mornings for City or other rental purposes. As such, renting to Churches is a good use of our rental space. Church groups have minimal impact on our facilities and provide a steady source of rental income to help offset maintenance and operational costs. FINANCIAL IMPACTS: Rental of the Atascadero Lake Pavilion to Hope Lutheran Church of Atascadefo will provide $4,500.00 in rental income for the City during the terms of the lease. 000052 RESOLUTION NUMBER 75-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHRIST THE RING REFORMED EPISCOPAL CHURCH FOR USE OF THE CITY ADMINISTRATION BUILDING ROTUNDA ROOM SEPTEMBER 8, 1996 - AUGUST 31, 1997 The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Christ The King Reformed Episcopal Church for use of the City Administration Building Rotunda Room on Sunday mornings. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 27th of August, 1996. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney K 000)3 LEASE AGREEMENT This Lease Agreement is made and entered into this date September 8, 1996 , 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 Christ The King Reformed Episcopal Church, 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 tenant is Christ The King Reformed Episcopal Church, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Christ The King Reformed Episcopal Church P.O. Box 478 Templeton, California 93465 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 sWl 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. i 00i30L)II 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 teased premises. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building for the leased premises are solely for the Atascadero City of Administration Building and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on September 8, 1996. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of one (1) year(s). 4. RENTAL 4.1 Minimum Monthly Rent 4.1.1 ,Tenant agrees to pay to Landlord a minimum monthly rent of 375.00, during each month of the term of this Lease. The monthly rent shall be due and payable on the first day of each month. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.1 or at such place as Landlord shall designate to Tenant from time to time in writing. 0 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to'such rental payment, a late charge in the amount of ten percent (10%) of the monthly 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 a rate of fifteen percent (15%) until paid in full. 2 000055 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint 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 pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied, or assessed against the land and the 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. 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 3 000056 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. 7.2 Rules and Re-mations 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. 4 000007 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 operate Church services and activities and Sunday School pro rg ams,'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 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 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. 8.2.3 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 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 5 0L 00Y )S i 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. 10. UTILITIES 10.1 Landlord shall make all arrangements for and shall pay the charges when due for all gas and heat, light, power, telephone service, trash collection and all other services and utilities supplied to the leased 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 Propertv 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 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. 6 00M)9 M)9 11.2 Removal of Personal Prouerty 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 makesuch 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. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1.1 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 weekly. 12.1.2 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. 12.1.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Landlord shall provide janitorial and trash collection services to the interior areas of the leased premises. 7 00006-0 13. INDENINITY AND INSURANCE 13.1 Indemnification Agreement This Lease is made upon the express condition that Landlord is to be tree 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 year to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance Each policy of insurance required 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. 8 (30iT061 Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated 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 the leased premises. In • 9 0€)0062 the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. 15. ASSIGNING SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT; 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. 10 i 000063 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, 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 11 00006.1 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all 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. 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 aidor 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. 12 000065 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. 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 Entry Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: . 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this Lease, including "for rent" or "for lease" notices during the last three months of this Lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; 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 building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property 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. 13 000066 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. 14 000067 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.l 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 I'fthis Lease. 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of (as the case may require), the respective parties hereto, and each and every one of their respective heirs, ;executors, administrators, representatives, successors and assigns. 27. ATTORNEYS' FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the ''validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable 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. 15 OOOOGB 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. TEiNI ANT, CHRIST THE KING, R.E.C. Dated: By: DENNIS CAGLE, Pastor Attest: LANDLORD, CITY OF ATASCADERO By: LEE PRICE GEORGE P. HIGHLAND, Citv Clerk Mayor 0 Approved as to form: ARTHER R. MONTANDON, City Attorney r 16 000069 EXHIBIT A DESCRIPTION OF LEASED PREMISES: The following portions of the City Administration Building of the City of Atascadero: 4TH FLOOR ROTUNDA ROOM, THE KITCHEN AND THE CLUB ROOM AS INDICATED ON THE ATTACHED MAP, INCLUDING ADJACENT STORAGE AREA. Tenant will occupy the above-described space: every Sunday, 7:30 a.m. to Noon; once per month on Sunday from noon until 2:00 p.m. and once every other month on Sunday, from 5 p.m. until 5:00 p.m. ADDRESS: 6500 Palma Avenue Atascadero, California 93422 17 000070 • 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. Christ the King Reformed Episcopal Qhurch staff shall submit to the Director of Community Services, prior to each December 1st, information regarding Minimum monthly rent for'the term of this Lease Agreement shall be $375.00. 2. LATE CHARGE: Ten percent (10%) of monthly rent (see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services. Not applicable. 19 0000"72 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. User will be responsible for leaving the building in a clean and orderly fashion. 7. User must return equipment in the same condition as received and will be responsible for all damages and/or lost equipment. 8. User must remove all decorations and supplies from building after rental is completed. (Storage is not available except as described in the Lease). 9. Garbage needs to be emptied into dumpster (you must supply your own trash bags). 20 0000,73 . DECORATING POLICY 1. All decorations must be flame retardant material. 2. No glitter, confetti, birdseed, hay, rice, or flower petals may be thrown or used as a decoration in or outside of the building. 3. Open flame decorations, such as candles (except for altar candles) or lanterns, are prohibited. 4. Any plants or shrubs brought in to the building must be in a waterproof container. 5. When decorating, do not fasten any decorations to light fixtures or'floors. Scotch tape, masking tape, duct tape, thumb tacks, nails, staples, etc., are not allowed. A special substance called "Hold it" may be utilized. 6. All decorations belonging to the Tenant must be disposed of immediately after the event. Any decorations left may be discarded by the Landlord immediately after the event. C:\CNTRCTS\CHR1ST.LEA 21 } 1 I Club � Room 1 C 0 =4�— Z :]I Storage tor=e Al Ro=mda 71t,lL X11 I I L Room R ( i II Kitchen � IL FOURTH FLOOR c��o�s REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 0.- Through: Andrew J. Takata Meeting Date: 07/23/96 City Manager File Number: ZC #96001 Via: Steven L. DeCamp, City Planner From: Doug Davidson, Senior Planner SUBJECT• Adoption of an ordinance amending the Official Zoping Ordinance text to add "Indoor Recreation Services" as an allowable use in the Public Zone. RECOMMENDATION• Approval and adoption of Ordinance No. 308 on second reading. BACKGROUND/ANALYSIS: On August 13, 1996, the City Council conducted a public hearing on the above-referenced subject. The Council approved'' Ordinance No. 308 on first reading. /ph Attachment: Ordinance No. 308 0000176 a ORDINANCE NO. 308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ADD "INDOOR RECREATION SERVICES" AS AN ALLOWABLE USE IN THE PUBLIC ZONE (Zone Change 96001) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 16, 1996 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 . The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2 . The proposal will not result in any significant adverse environmental impacts. Section 2 . Ordinance Text. Zoning Ordinance Section 9-3. 422 . is hereby amended by the addition of allowable use (j ) "Indoor Recreation Services" as shown in Exhibit A attached hereto and made a part thereof by reference. 00007-7 Ordinance No. 308 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m on the 31st day after its passage. On motion by Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HI HLAND, Mayor ATTEST: LEE PRICE, City Clerk 0000'78 Ordinance No. 308 Page 3 APPROVED AS TO FORM: ARTIER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 0000'79 EXHIBIT A ORDINANCE 308 P (Public) .Zone 9-3 .421. Purpose: This zone is established to provide suitable locations and standard for the maintenance and development of public and quasi-public facilities and services. 9.3 .422 . 'Allowable uses: The following uses shall '; be allowed in the Public Zone. The establishment of allowable uses shall be as provided by Section 9-2 .107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) Broadcasting studios (b) Libraries and museums (c) Offices (City, County, State or Federal Government or public utilities) (d) Temporary Offices (See Section 9-6 . 176) (e) Public assembly and entertainment f) Schools See Section 9-6 . 125 (g) Temporary events (See Section 9-6. 177) (h) Temporary or seasonal retail sales (See Section 9-6 . 174) (i) Outdoor recreation services ( j ) Indoor recreation services 9-3 .423 . Conditional Uses: The following uses may be allowed in the Public Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Animal hospitals (See Section 9-6 . 110) (b) Caretaker residence (See Section 9-6 . 104) (c) Cemeteries (d) Churches and related activities (See Section 9-6 . 121 ) (e) Collection station (f) Funeral services 000080 EXHIBIT A (CONT-D) ORDINANCE NO. 308 (g) Health care services (h) Membership organizations (i) Residential care (j ) Schools - business and vocational (See Section 9-6. 125) (k) Single family residences (1) Skilled nursing facility (See Section 9-6 . 134) (m) Social and service organizations (n) Transit stations and terminals (o) Utility service centers (p) Mini storage facilities (q) Vehicle and equipment storage (See Section 9-6 . 183) (Where all areas of use are within a building) (r) Recreational Vehicle Park (See Section 9-6 . 180) (Only when clearly subordinate and incidental to an allowable use or an approved conditional use. ) 9-3 .424 . Lot Size: There shall be no minimum lot size in the Public Zone, except for parcels intended for single family resi- dential use where the minimum lot size shall be 2 1/2 acres . 0001081 REPORT TO CITY COUNCIL n _� CITY OF ATASCADERO Agenda Item: l' Through: Andrew J. Takata Meeting Dote: 07/23/96 City Manager File Number: ZC #95006 From: Steven L. Decamp, City Planner SUBJECT: Adoption of an ordinance amending Map 17 of the Official Zoning Maps by rezoning certain real property located at ' 470 E1 Camino Real from Commercial Professional and Commercial Service to Commercial Retail (PD 11) and amending the Zoning Ordinance text to create Planned Development Overlay 111 . RECOMMENDATION• Approval and adoption of Ordinance No. 310 on second reading. BACKGROUND/ANALYSIS: On August 13► 1996 the City Council conducted a public hearing on the above-referenced subject. The Council approved ''Ordinance No. 310 on first reading. /ph Attachment: Ordinance No. 310 00008; ORDINANCE NO. 310 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 7470 EL CAMINO REAL FROM COMMERCIAL PROFESSIONAL AND COMMERCIAL SERVICE TO COMMERCIAL RETAIL (PD 11) AND AMENDING THE ZONING ORDINANCE TEXT TO CREATE PLANNED DEVELOPMENT OVERLAY #11 (ZC 95006; Palmer/Winnaman) WHEREAS, the proposed zoning map and text amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq.- of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 16, 1996 and has recommended approval of Zone Change 95006. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findinas. 1. The proposals are compatible with the surrounding land use and zoning. 2. The proposals are consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposals will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing 000083 Ordinance #310 isPage 2 requirements will enhance the opportunity o best PP Y � t utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Section 2 . Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended as shown on the attached Exhibit A which are hereby made .a part of this ordinance by reference. Section 3. Zonina Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit B. Section 4 . Publication. The City Clerk shall cause this ordinance to be 'published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: • By. GEORGE P. HIGHLAND, Mayor 000084 Ordinance #310 Page 3 ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner 000085 m�� EXHIBIT B CR (Commercial Retail) (PD 11 Zone 9-3.521. Purpose: This zone is established to provide for a wide range of appropriate commercial uses to accommodate the retail and service needs of the residents of the City and surrounding areas and provide design guidelines where such uses are located adjacent to the freeway. 9-3.522. Allowable Uses: The following uses shall be allowed in the Commercial Retail (PD 11) Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this Title: (a) Broadcast studios (b) Building materials and hardware where all activities occur within a structure (c) Food and beverage retail sales (d) Furniture, home furnishings and equipment (e) General merchandise stores. (f) Mail order and vending (g) Temporary or seasonal sales (See Section 9-6. 174) (h) Financial services (i) Health care services (j ) Offices (k) Temporary offices (See Section 9-6.176) (1) Personal services (m) Light repair services (n) Eating and drinking places (o) Membership organizations (p Horticultural specialties (See Section 9-6. 116) (q) Business support services, where all areas of use are located within a building (r) Temporary Events (See Section 9-6.177) 9-3.523. Conditional Uses. The following uses may be allowed in the Commercial Retail Zone. The establishment of coxiditional uses shall be as provided by Section 9-2.109 (Conditional-Ilse Permits): (a) Amusement services (b) Caretaker residence (See Section 9-6.104) (c) Public assembly and entertainment (d) Indoor recreation services (e) Animal hospitals (See Section 9-6.110) (f) Pipelines (g) Sports Assembly (h) Auto, mobilehome and vehicle dealers and supplies (i) Social and service organizations (j ) Small scale manufacturing (k) Hotels and motels (1) Farm equipment and supplies 9-3.524 Lot Size: There shall be no minimum to size in the Commercial Retail (PD 11) Zone. 2-3.525. Development Standards: (a) Parking areas designed .to have vehicles facing E1 Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty inches (30") in he'ght. (b) A minimum freeway setback of ten feet ( 0' ) shall be provided. Said setback area shall be lands aped. (c) All new and existing utilities shall be installed underground.