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HomeMy WebLinkAboutAgenda Packet 03/24/1998 *PUBLIC REVIEW COPY Please do not remove City of Atascadero m counter TVEI COME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meet in regular session on the second and fourth Tuesday of each month at 7:00 p.m., Hl the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office (Room 103), available for public in pection during City Hall business hours. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the CityClerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public heari cgs are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing is open and request anyone interested to address the Council regarding the matter being considere . If you wish to speak for, against or coinment in any way: • You must pproach the podium and be recognized by the Mayor • Give your game and address • Make vow statement • All comm nts should be made to the Mayor and Council • All co:nnit nts limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, aid no one may speak more than twice on any item. .The Mayor will annoui ce when the hearing is closed, and thereafter, no further public comments will be heard by the Council TO S1 EAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, " OMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give vour name and address • State the rultUre of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowel for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters tc appear on the Agenda must be in the Office of the City Manager ten days preceding the Council neeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY,MARCH 10, 1998 City of Atascadero 6500 Palma Avenue,4th floor Atascadero, California REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Carden ROLL CALL: Mayor Carden Mayor Pro Tem Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda) PRESENTATIONS: A. Proclamation officially declaring March 11, 1998 as"Arbor Day" B. Proclamation officially declaring March 19, 1998 as"Absolutely Incredible Kid Day" C. Recognition to Michael Vincent for an act of bravery above and beyond the call of duty. COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda) A. CONSENTC ALENDAR: Roll Call (All items on t e consent calendar are considered to be routine and non-controversial by City staff and 4411 be approved by one motion if no member of the Council or public wishes to com nent or ask questions. If comment or discussion is desired by anyone, the item will be re moved from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken) 1. Citv Council Minutes—February 10, 1998—(City Clerk recommendation: Approve) 2. Acceptance o Final Parcel Ma —7400 Morro Road(Gearhart)/AT 96-145 Fiscal Impact Negligible or beneficial, depending on type of development (Staff recommendation: Accept the Final Map for approved Tentative Parcel Map 497001) 3. Revised Lease with Charter Organizations of Local Boy Scout Troops—for the Pavilion Basement— 'scal Impact: None (Staff recommendation: Authorize City Manager to execute revise lease) 4. State Office of Emergency Services—Designation of City Representatives—Fiscal Impact: Non — (Staff recommendation: Approve Resolution No. 1998-014 authorizing certain City r presentatives to execute State Office of Emergency Services documents for certain finan 'al assistance) 5. Zone Chane 997008—7930 Santa Rosa Road(Gearhart)—Fiscal Impact: None • (Staff recommendation: Table Zone Change 497008 and have staff return the item to the Council's agenda when their research is completed) B. PUBLIC HE NGS: (none submitted) C. MANAGEMENT REPORTS: 1. Information]Bulletin A. Employee update D. CON[ IITT E REPORTS (The followi represent standing committees. Informative status reports will be given, as felt necesstry): 1. S.L.O. Council of Governments/S.L.O.Regional Transit Authority 2. Finance Com.nittee 3. Economic Ro ind Table 4. Water Comm ttees A. SLO County Flood Control&Water Conservation District Water Resources Advisory Committee B. Naci 'ento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 2 5. Integrated Waste Management Authority 6. North County Council 7. Air Pollution Control District 8. County Mayor's Round Table 9. Economic Vitality Corporation,Board of Directors 10. City/ Schools Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer F. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE NEXT SCHEDULED REGULAR MEETING ON MARCH 24, 1998. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. • 3 ITEM NUMBER: A-1 DATE: 03/10/98 ATASCADERO CITY COUNCIL MINUTES TUESDAY,FEBRUARY 10, 1998 INTERVIEW SESSION, 5:45 P.M. Mayor Carden called he Interview Session to order at 5:45 p.m. ROLL CALL: All City Council Members present 1. Planning Commission A. Interview d consider candidates B. Select,by ballot,two citizen's for appointment The Council interviev red all of the 7 qualified applicants. The Council selected Roberta Fonzi and Royce Eddings. Mayor Carden adjourl led the Interview Session at 7:00 p.m. REGULAR SESSION,7:00 P.M. Mayor Carden called a Regular Session to order at 7:05 p.m. and Council Member L. led the Pledge of Allegiai ice. ROLL CALL: Present: Council Members Clay,Johnson,Lemo,Luna and Mayor Carden Absent: None Staff present: City Manager Wade McKinney;Acting Community Development Director Steve DeCamp;Acting Finance Director Rachelle Rickard; Community Services Director Brady Cherry; Chief of Police Dennis Hegwood;Assistant City Engineer John Neil; and City Attorney Roy Hanley. Others Present: Marcia M. Torgerson, City Clerk APPROVAL OFAGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5.0 by a roll-call vote. CC 02/10/98 Page 1 of 8 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Johnson stated that the City staff has done a lot of work to prepare for the storms we are experiencing. That work has proven to be well worth the effort. He wanted to thank staff and to let them know they did an excellent job of preparing the City the storms. PRESENTATIONS: Mayor Carden introduced Atascadero's new Police Chief Dennis Hegwood to the public. COMMUNITY FORUM: Ann Cirocco, 4010 Pico Rd.,asked assistance in obtaining funds for repair of banks of her property that is eroding along the Salinas River. Council Member Luna asked Mr. Cherry if this would be covered by FEMA. Mr. Cherry stated that SLO County has been declared a disaster area but he is not sure if this issue is eligible under FEMA. Ray Hilton, stated that he has moved his house twice due to the erosion caused by the Salinas River and he asked for assistance. Scott Eades, SLOCOG, spoke regarding the recent action that was taken by the SLOCOG on the Regional Transportation Improvement Program and the projects that were funded. --End COMMUNITY FORUM-- CORRESPONDENCE: [none submitted A. CONSENT CALENDAR: Roll Cali 1. Memorandums of Understanding—for Atascadero Sergeants Service Organization, Atascadero Police Officers Organization and Atascadero Public Safety Technicians Organization-Fiscal Impact: $1,740.00 for the current fiscal year. (Staff recommendation: Approve the Memorandums of Understanding 2. Zone Change#97012—9100 Santa Barbara(Gearhart)-Fiscal Impact: None (Staff recommendation:Adopt Ordinance No. 338,waiving the reading in full and introduce for second reading by title only.) 3. Sidewalk Maintenance and Repair Fiscal Impact: None (City Attorney recommendation: Adopt Ordinance No. 342, waiving the reading in full and introducing for second reading by title only.) Council Member Lerno stated that he would be abstaining on Item#A-2 due to a conflict of interest. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items#A-1 and#A-3. Motion passed S:0 by a roll-call vote. CC 02/10/98 Page 2 of 8 MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Item#A-2. Motion passed 4.0 by a roll-call vote. (Lerno abstained) B. PUBLIC HE GS: 1. General Plan endment#97009 Zone Change#97008 and Tentative Parcel Malp #97004 793 0 Santa Rosa Road(Gearhart)—Fiscal Impact:None (Planning Co mission recommendation: Adopt Resolution No. 1998-003 denying all three applica ions) Council Member Lerho announced that he would be abstaining from this item due to a conflict of interest. City Manager Wade I AcKinney gave the staff report. He explained his suggested changes to the prepared staff report under"Alternatives." The Council asked q estions of Mr. McKinney and requested clarification of the issues involved. There was lengthy discussion concerning the acreage involved and whether the easement should be included in the calculation of the acreage. PUBLIC COMMS T Jon Falkenstein, Cannon&Associates, representative of Applicant Kelly Gearhart. He stated . that the staff approved this proposal but the Planning Commission opposed it. He suggested that if this proposal is der ied,the applicant will develop it concurrent with the existing Public zoning. Council Member Cla y asked if they were planning on building one-story homes. Mr. Falkenstein responded that, yes,t e Applicant does plan on building one-story homes on the site and suggested that it coul J even be a condition of approval. Mary Hickey, 7950 Santa Rosa Road, expressed her concerns of the subdivision of this site (See Attachment A). She turned in for the record a petition signed by members of the community (See Attachment B). She also submitted for the record numerous letters from neighbors who are opposed to this subdi ision(See Attachment Q. Tim Hickey, 7950 Sarita Rosa Road, expressed his concerns of the subdivision of this site. He stated that he and his neighbors feel strongly about keeping the west side of Santa Rosa Road with larger lots. (See Attachment D) Michelle Sport, 7960 Santa Rosa Road, expressed her concerns of this zone change. She feels that it will create a dc mino effect on adjacent lots and change the character of the neighborhood. Nessio Felli, 8320 P rtola Road, expressed his desire to keep Atascadero rural. Paul Weems, 7982 S to Rosa Road, stated he lives on a flag lot near the proposed site. He expressed his conce s of the increased traffic on Santa Rosa Road. He stated that he doesn't like the intimidation I actics being used by the Applicant,threatening to develop the site as a Public zone if not apl roved. CC 02/10/98 Page 3 of 8 Marty Young,Pastor at Christian Church of Atascadero which is adjacent to proposed site. He explained that the easement in this proposal is one access to the Church's property. He stated his concern with the proposed subdivision. John Stipicevich, 7925 Santa Rosa Road, across the street of the proposed site. He stated that this subdivision would change the character of the neighborhood and he expressed his concerns of traffic problems with this subdivision. Gilbert Wilkes, 9325 Carmelita, stated that he felt the issue of a taking is not appropriate in this issue. He expressed his concerns of granting this subdivision and suggested that it was an exception that they may not want to grant on other sites. --End PUBLIC COMMENT— Mayor Carden stated that he has been asked for a 10-minute recess. He called a brief recess at 8:00 p.m. Mayor Carden reconvened the meeting at 8:15 p.m. There was discussion whether Council consensus,to continue this item to enable staff to review the calculations, should be considered. Jon Falkenstein explained the calculations used to determine the proposal. Mayor Carden stated that he feels this proposal is consistent with the City's flag lot requirements. Council Member Clay stated that he felt there should be additional conditions such as a limit of one-story homes, and fencing with at least 50%block and to be 6 feet in height. Mayor Pro Tem Johnson stated his concerns of leaving this site as a Public zone. He stated that he could support this project. Council Member Luna stated that he is unable to support this proposal because he is opposed to continuous amendments to the General Plan for single lots. He suggested that Council Member Clay's recommendation to condition the project was a good idea. There was extensive discussion of the vertical alignment at Avenal Ave. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to find this item would not have a significant adverse effect on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of CEQA. Motion passed 3:1 by a roll-call vote(Lerno abstained,Luna opposed) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve the General Plan Amendment#97009 by approving Resolution No. 1998-007 with the following amendment: • "The removal of 7900 and 7920 Santa Rosa Road from the Resolution." Motion passed 3:1 by a roll-call vote(Lerno abstained,Luna opposed) CC 02/10/98 Page 4 of 8 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve Zone Change 997008 by adopting Ordinance No: 343 , waiving the reading in full and introducing for first reading by title only with the following amendments: "The removal of 7900 and 7920 Santa Rosa Road from the Ordinance" and the inclusion of a condition requiring single story homes and a. fence separating this site from neighbors with at least a 50%block and 6 feet in height." Motion passed 3:1 by a roll-call vote(Lerno abstained,Luna opposed) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve the Tentative Parcel Map to subdivide residential property at 7930 Santa Rosa Road by approving Resolution No. 1998-010. Motion passed 3:1 by a roll-call vote(Lerno abstained,Luna opposed) C. MANAGEMENT REPORTS: 1. 1997-98 Mid Year Budget Review—Fiscal Impact: Increased General Fund Revenues of $160,915, inc eased General Fund Appropriations $155,480, increased revenues for other funds $IcKinney 3,070, and increased other appropriations $575,065 — (Staff recommendan: Adopt Resolution No. 1998-009 amending Resolution No. 62-97 which adopted the 17-98 fiscal year budget) City Manager Wade gave the staff report. He stated that the trends look good but could not recommenc.that the Council fund the additional requests they have received. Mayor Carden clarified that$35,000 is in a CD earmarked for the Library. Council Member Luna stated that Atascadero allocated$60,000 last year to the spay-neuter program and spent o ly$55,000. He urged the Council to support allocating the remaining $5,000 to the spay-neuter program. PUBLIC COMMS T Rush Kolemaine, P.Q. Box 1990, expressed his approval of the mid-year budget review before the Council tonight. Peggy Wilson, Oce a o, Director of Animal News Network. She spoke in support of the Council allocating the $5,000 to the spay-neuter program. Sarah Gronstrand, 76 20 Del Rio Road,Friends of the Library, spoke concerning the City funding the Library. She exp ained the history of how the Library came to Atascadero and that it is not tax exempt. Ellen Baer, 5420 Ole eda Ave., spoke in support of the Council funding the Library. Marge Mackey, 5504 Tunitas,worked in the library from 1965-1988. She spoke in support of the Library receiving ftmding from the City. Barbetta Ceasar, 907 Santa Lucia, spoke in support of the Library expansion funding. CC 02/10/98 Page 5 of 8 Grenda Ernst, Carmelite Ave., spoke in support of the funding of the Library expansion. Geraldine Brasher, 3202 Monterey Road, spoke in support of the Library and the spay-neuter program. Daphne Fahsing, 5105 Llano Road, expressed her disappointment with Mr. McKinney for not recommending to Council to fund the spay-neuter program. She spoke in support of the spay neuter program. i Dorothy Bench, Carmelita, spoke in support of the Library. Doris Morant, 4425 Estrada Ave., spoke in support of the Library. I Bonita Borgeson, 4780 Del Rio Road, Board Member of the Friends of the Library, spoke in support of the Library. She thanked the Council for their personal donations, and she asked that they commit themselves as an elected body. Liz Duveneck, 350 Vaquero Road, Templeton, stated she works at the library. She spoke in support of the Library. Bob Napp, 3370 Calima Road, said he was pleased with the fiscal responsibility shown by the Council. He spoke in support of the Library. Sherrie Lucas, Templeton, Director of Second Chance at Love Humane Society, spoke in support the funding of the spay-neuter program. --End PUBLIC COMMENT— Council Member Clay asked that the $5,000 go to the North County Humane Society. Council Member Luna asked that the City Clerk keep track of who spoke in favor of Library and spay-neuter program and notify them when the budget is renewed in June. MOTION: By Council Member Clay and seconded by Council Member Luna to approve including the allocation of$5,000.00 to the North County Humane Society for the spay-neuter program into the 1997-98 Budget. Motion passed 5.0 by a roll-call vote. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to amend the 1997-98 Budget by approving Resolution No. 1998-009. Motion passed 5:0 by a roll-call vote. D. COMMITTEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Carden commended the staff on getting the information to SLOCOG and helping get the funding. CC 02/10/98 Page 6 of 8 SLO Countv Flood Control&Water Conservation District Water Resources Advisoly Comm. Council Member Clay stated that they are working on a County wide water plan. North Countv Counci Mayor Carden stated Lhat their next meeting is scheduled for April 9, 1998. Air Pollution Control District Council Member Lenio stated that this group was created to abide by the California Clean Air Act. He will be taking a course on pollution issues. Coppty Mayor's Ro id Table Mayor Carden stated at they met in Morro Bay and discussed SLOCOG and amendments to the JPA. Economic Vitality Cc Kporation Mayor Pro Tem John on stated that the Board of Directors are evaluating their purpose and benefit to the cities: Ile also stated that Paul Saldana comes highly recommended. E. INDAqDUA1,DETERMINATION AND/OR ACTION: City Council Mayor Carden stress d the importance of creating business incentives. City Attorney Mr. Hanley stated th he will be meeting with the School District officials regarding the Peer Court. He also reminded the Council that the public should be asked if they have any comment regarding the Closed Session before the Council goes into the Closed Session. Cily Clerk City Clerk Marcia To rgerson announced that Roberta Fonzi and Royce Eddings were appointed to the Planning Commission at the conclusion of the interviews held at 5:45 p.m. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson that Roberta Fonzi take the 4-year term (expiring 2/2002) and Royce Eddings fill the vacated term of Robert Johnson( expiring 2/99). Motion passed 3:2 by a voice vote. (Lerno and Luna opposed) Mayor Carden announced that the City/Schools Committee will be added to the Committee Reports as they are going to start meeting again as of March. Mayor Carden asked if the public had any comments regarding the Closed Session items. No PUBLIC CO NT Mayor Carden adjo ed to Closed Session at 10:00 p.m. The next scheduled Regular Session is on February 24, 1998 CC 02/10/98 Page 7 of 8 CLOSED SESSION 1) Colony Roads (Govt. Code Sec. 54956.9 ©) 2) Conference with labor negotiator(Govt. Code Sec. 54957) Agency negotiator: City Manager Employee organizations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl.Union Local 620,Atascadero Sergeants Service Orgn.,Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. Mayor Carden adjourned the Closed Session at 10:30 p.m. City Attorney Roy Hanley announced that there was no action taken by the Council. MINUTES RECORDED AND PREPARED BY: F Marcia M. Torgerson, City Clerk ATTACHMENTS: "A" - Statement by Mary Hickey "B" -Petition RE: Zone Change Application "C" -Letters submitted by Mary Hickey "D" - Statement by Tim Hickey CC 02/10/98 Page 8 of 8 2/10/98 ATTACHMENT "A" Mary Hickey 7950 Santa Rosa Road. City Council February 10, 1998 7950 Santa Rosa Road Atascadero, California 93422 I am here tonight to deal with the proposed zone change which will produce a c owded situation in my residential neighborhood. I feel that I 'm not on a total level playing field, when it comes to dealing vith certain members of this council and their staff. I 've received several unsavory suggested possibilities if I don ' t go along with the proposed zone change which were offered to me as a result of informal discussion such as: 2 homes or - home for wayward youth. . . 2 homes or seniors homes. . . go cart track. . . mini storage, ec . All of which is more high density situation and further destroys the peaceful rural character of this neighborhood. Wtiy has' no ne' picked out the- option -of one home? I 'm here as a taxpaying citizen because I want to be protected against subdividers, who come in and want to change the existing character of a neighborhood, and changes to the general plan for their own personal gain. The general plan was put in place, as I understand i , to serve the community. As a representative of the majority of the community involved, we're opposed to changing the general plan just to benefit one person, at my expense, and to the detriment of the neighborhood in general. In my case, 3ecause of existing right of ways I will be forced to live next to substandard crowding as a result of the proposed Zone Change. The efore, I am asking that this council turn down the application ror RSF-X. I would, however, like to see this property be rezoned to RSF-Z and take away the nervousness I feel that has been part of the tactics involving threats of a number of horrible scenarios that may -coo up on that lot f I simply am against a single proposal to spotzone and rezone m property which I can get no benefit from, and in fact, and ag in, I will be crowded by substandard lot sizing. Past that I have some information concerning technicalities involved wit justifying the new lot sizes. As I don't have a measuring tae the size of Gearharts ' lot, I walked it off. It took me 238 steps to go across the front of ...his property. Then I walked off t e easement; from the stake at the corner, across the easement. I took me 30 steps to cross the easement that already exists on that property. That easement represents more than 12. 605% of the 1. 08 acres, making the actual building space less than an acre - less than . 9439 acres. I measured this as if the lot were. rec angular, but it is not. I have to say"Less than" because this easement is on the long side of the lot. Now in the subdivision of this lot, this will make the proposed back lot less than . 437 ac es and the front lot less than . 507 acres which will need driveways from the existing easement, and this further illustrates the crowding that would take place, as it goes beneath the allowable bu ldable acreage. I think this community will be best served by rezoning to RSF-Z which stays n character with this neighborhood. Everybody will win in this ase. Mr. Gearhart goes residential, I 'm protected from the threats that go along with the "Public" designation, the neighborhood is protected, the entrance to Atascadero from the West is preserved, and the City Council, it will appear,. have truly made a wise compromise from the initial proposal of RSF-Xv Finally, my lot size is germane to this case. So is Mr. Schwartzbaugh' s. They are grjandfathered into the general plan. I have not imposed or proposed anything. The developer is on his own over there. I ' d like to add to the record the original of the petition that went around. Please take not?. that more citizens have added their names to this list. I ' d also like to add this stack of letters to the public record showing, not only this neighborhoods concerns, but these letters come from all over this community, and to add that I have had many conversations with many more people that would have loved to sign this petition or write you a letter, but they declined as they fear retrobution from their jobs. .. . working for the city, public service, or in realestate. I would like to thank you for letting me speak before you this evening. • ATTACHMENT "B° City Council 2/10/98 To: The City if Atascadero Community Development 6500 P lma Avenue Atasca ero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCa p and to Whom it may Concern: �vft-• C'fw•�,C This a statement in opposition to the var-la-=ee application, as noted above which would enable high density housing to proliferate our neighborhood. NAME ADDRESS OF go To 605Z „-: n T�C7Ur 1 t') l TZ 17-91'4" S; .,L. To: The City of Atascadero • Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: wee application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it may Concern: This a statement in opposition to the va-rTn a application, as noted above, which would enable high density housing to proliferate our neighborhood. NAME ADDRESS �,/ SAW 1 E3/9/ 7g :S- 709 90,5 f IIAU 0c Os _ , . To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr- Steve DeCamp, Acting Director Community Development Department City of Atascadero �rUy� RE: Varen aapplication / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCa p and to Whom it may Concern: This a statement in opposition to the vara e application, as noted above which would enable high density housing to proliferate our neighborhood. NAME ADDRESS S N er P 6A 1 PL- J To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: dapplication/Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it my Concern: This is' a statement in opposition .'.n- the v-��e application, as noted above, to re-designate certain real property from "Public" to "High Density Single Family" and the corresponding Zone Change from "P" to "RSF-X" . X/4 e � Uj ex i > � 1� s �16'66' y1C- 60l� J To: The City of Atascadero Community Development 6500 Palma Avenue Atascad ro, California 93422 Attn: Mr. Steve DeCamp, Acting Director Commu ity Development Department City cf Atascadero RE: aryanc application/Kelly Gearhart (Cannon) 7930 Sa to Rosa Road, Atascadero, CA 93422 To Mr. DeCamr and to Whom it my Concern: This is a statement in opposition '=a the iF7 ianc _application, as noted above, to re-designate certain real property from "Public" to "High Density Single Family" and the corresponding aone :Chpanfge ro to "RSF-X" . 'fell ��c'LJG w �� G - I L/ G ATTACHMENT "C" CIty Council 2/10/98 A ,.Wk- ezx�, i �n February. 10 , 1998. ATTENTIO : CITY COUNCIL OF ATASCADERO , CALIFORNIA . We are s rry that we can not attend the council meeting tonight iff order to address the matter of permitting "zone chgLnges . tie are o posed to the thought of making YSPOT ZONING CHANGES" on Santa Rosa Road. The change has been suggested by Kelly Gearhard , a developer here in Atascadero . The following are residents of Atascadero . . . . . . . . . . Mr. Clark Herman. . . . . . . . . . . . . . . . .8170 Santa Rosa Road Mr. Gilb rt R. Williams 8160 Santa Rosa Road Mrs. Gilbert R. Williams c 8160 Santa Rosa Road �b - - -- -- -- --- - -------- ---- - -- --- --- -�- - �► - -e�G � .. - - ----- -- -5------5-�►���- --- -sem_--s�c.---cam- - -------- -- -- � �5 _ - - --l� ------ --an- --M ----an--M - -. . CA cxn& -7f �O�f� bt-f� c-Ap c - - - - i -- - --- -- - - - - - - - - 9645-- , 'ro whom it may concern: r"r m and ary Hickey have been active volunteers at San Gabrie Road Elementary SchooCfor the past five years. The volunteer on a regular basis and are quite involvedir our school community. So far this year, ,'f m, andNary have volunteeredapproximateCy 129 hours. It's activelparents Cike these that make a difference in our schools a communities. Sincerely, Nancy Cr ford co preside t San GabrieCPI A To whom it may concern, ' After reviewing through information conerning the zone change at 7930 Santa Rosa Road, and as a citizen and homeowner in Atascadero, 1 am against amending the City's General Plan to provide "spot zoning". This change would alter the character of the neighborhood by allowing one homeowner to subdivide his lot into two parcels. The adjoining residential lots would also be subject to this zone change; however, being under one acre, they would never be able to take benefit from the zone change of RSF-Z to RSF-X. Additionally, Mary and Tim Hickey regularly volunteer at San Gabriel School up to four days a week, providing benefit for the children of Atascadero. Sincerely, Michael J. Zuniga 10005 Atascadero Ave. Atascadero, CA 93422 0 Feb. 10, 1o98 The City of Atascadero ( embers of the City Council Dear Council Members : It is wrong for an indivdual to have priority over the majority. it is wrong to allow a temporary neighbor ( Kelly Gearhart ) to dictate XMN to established residents what the zoning of their property will be . Please listen to the recomendat:ion of the planning commission and deny these ammendments to the general plan . Chris Gilbert 8275 San Gabriel Rd . Atascadero , Calif. 91422 8014 Santa Rosa Rd. Atascadero, CA 93422 10 February 1998 Atascadero City Council To Whom It May Co cern: We, as residents near the location of the property in question are in opposition to the use of the property, zoned "Public", which is adjacent to the home of Mary Hickey and on whip the driveways to two churches (Christian and Pentecostal),are on the other side We are opposed to "spot zoning" and changing of the general plan. If anything is to be built there it would be our request that it be just ONE house on the 1.-D` — acres in question. We would prefer to keep the area as rural as possible, and avoid any "higi density" or condos, etc to be built there. We feel it should be zoned for a hone only, and that the "Public" zoning suggested at present be ruled out. We moved here 12 years ago, and are concerned with any further encroachment on our otherwise "ru al" atmosphere. Si erely Q xa e6ber un r and GladY ce J. Brunner ai- LAO Lii& L-Aw #4 s � wee a/� va January 25, 199 COUNCIL MEMBERS City of Atascadero RE: Request to change zoning from RSF-Z to RSF-X I recently learned of an attempt to have the zoning changed for a parcel located at Santa Rosa and Avena here in Atascadero. Apparently the builder wants to split a one acre lot and build two dwellings there. I most strongly bject, and request that the zoning not be changed. This represents a contradiction to ur city's existing growth philosophy. We must avoid the temptation to allow high density construction as it will alter the very character of the city and why we choose to live here. Sincerely, Timothy B. Tucker 12250 Santa Ana Rd Atascadero, CA 93422 Marjorie L Zaldivar 7705 Tecorida Avenue Atascadero, CA 93422 Honorable Council Members, I am opposed to the rezoning of parcels to high density spot zoning. When Mr. Gearhardt bought the land in issue, he did so as public land.He now wishes to subdivide it. Typically public land is less expensive than residential land. This is not his home, but an investment. He shows blatant disregard for the people who now own property adjoining this proposed property. Perhaps Mr. Gearhardt would be better served to find a town that is progrowth rather than shove his wishes down the throats of those of us who have lived here all our lives, because it is the type of rural setting in which we desire to raise our families. . Although this is but one lot it sets a dangerous precedence to allow others to do the same thing. Once this land is built on it can never be used as open land again. Please consider this letter and the views expressed in it. Sincerely. Marjorie L Zaldivar Marco A. Zaldivar 7705 Tecorida Avenue Atascadero, CA 93422 Honorable Council Members, I wish to gate my opposition to the proposed rezoning of residential areas(ie: on Santa Rosa Rd. near highway 41)to spot zoning for high density housing. This sets a dangerous precedence for other builders to get special rezoning for their gain in a city that is known and loved for it's rural setting. The city plan should not be altered for any special interest or person , for to do so undermines the purpose of the city plan. Please stand firm and do not be swayed on this issue. You were elected to represent the majority of the citizens, not speci il interests or persons. erel ar A. Zaldivar Kaino Hopper 8050 Coromar Avenue Atascadero, CA 93422 Honorable Council Members, I would like to voice my opposition to the proposed rezoning of parcels to spot zoning of dense population. Atascadero is a rural city and as such is the home of many people who value this setting. To rezone areas to dense population will forever make these areas change in a way that is contrary to the very essence of what is attractive to the residents of this community. Sincerely, )� 4rLI--' Kaino Hopper � � ems, �� � .�� 5295 Maleza Avenue Atascadero,CA 93422 January 26, 1998 To Whom It May Concern: This letter is intended to state our complete opposition to any rezoning for high density housing that is contemplated in Atascadero,California. Three years ago we chose to relocate to Atascadero and bought a home here because of the lack of high density"tract"housing. Other areas in San luis Obispo County are being developed in that manner and we were assured that it would not happen in Atascadero. We are adamant in our opposition to this type of development. What has been proposed is completely unfair to the current residents of this community and we ask that the City Council deny the request for"spot"rezoning. cerely, Laurie Bross . 3070 Colima Road Atascadero, CA-93422 January 30, 1998 Atascadero City Council Atascadero, CA 93422 Gentlemen: We woul /�u to know that we are complete) against any "spot" rezoning in Atas adero. It was our understanding th4one of the benefits of becoming a "city" was the ability to control development. By allowing developers to split lots and change the zoning that is in place you will change the rural open c mbiance of Atascadero. We do not want, nor do we need high density housing in our community. It is well known that crowding creates nothing but trouble. Please le ve the general plan alone and do not allow any change in the current zoning. Yours truly, Derek & Katy Plon i 10025 El Camino Real Atascadero, CA 93422 January 27, 1998 Atascadero City Council Atascadero,California 93422 Dear Sirs: We have lived in Atascadero fQr over twenty years and have watched it change. We have read about the proposed rezoning for high density housing and we want to be sure that you know we are against it. We lived here before it became a city and we firmly believe that the current zoning should not be changed for the sake of development. Please do not change the general plan. Leave things as they are. Yours truly, kQ Mr.&Mrs. Donald D. Woodard February 9,1998 To Whom It May Co cern: I am writing concerning the rezoning on Santa Rosa Road area. As a former resident of the area, we have severa good friends who will be effected by the rezoning. We feel it is unreasonable to spot zone in order to build numerous homes. The area is designed for not more than one residE ntial home per lot,in order to preserve the character of the area. Thanks for your understanding in this matter. Since_rel Scott and Holly Kus o ATTACHMENT "D" City Council Tim Hickey 2/10/98 7950 Santa Rosa Road Atascadero, California 93422 February 10, 1998 First I ' d like to express my thanks to the Mayor, and to the gentlemen on the City. Council for promptly returning our calls, and for taking so much of their personal time speaking to my wife on the phone. Thank you. Let me say that in order to afford what I thought I was buying into, a low-density neighborhood, and the reason we pay more to live on Atascadero ' s west side, it is necessary for me to start work before sunrise and return home well after dark. I 'm very fortunate, in that my wife works evenings and, in addition to raising our 2 young children she has had the opportunity to spend many of her daytime hours persuing the preservation of the rural character of Atascadero' s west side, and specifically the west side of Santa Rosa Road. Although our styles may differ, make no mistake, that my wife and I and our neighbors stand together on one clear issue - to deny this developers application to rezone the west side of Santa Rosa Road to high density housing, specifically RSF-X. The proposals made by staffers that my lot. and Mr. Schwartzbaugh I s lot be dragged into the RSF-X designation, at absolutly no benefit to us, and all benefit to the developer, seems to me to be a blatant attempt to cover up what obviously "Spot-zoning Several monthes before we received our first notice of public hearing, a notice of intent to build one home, on the subject lot was posted. We were not uncomfortable with that prospect. We mistakenly assumed that good taste and the builders intent to stay with the pattern of the neighborhood would prevail. It was not until we learned that this developer intended to subdivide this property, imposing construction of two homes, that we became concerned. Again, staffers supported the developer by recommending that two homes would be more in character with this neighborhood than one home. It is our contention that two homes on this lot would be very out of character with this, the west side of Santa Rosa Road. How naive to assume that- good taste and concern for the neighborhood might take precedence over the prospect of the developers desire to make more money. Again, I 'm hoping I am notnaive in assuming that mine, my neighbors, and the City Council ' s time has not been wasted, in lieu of a general belief that by the time we reach the "public comment" part of this process, a pro-development decision has already been made. I hope our comments here tonight are not just exercises in futility. Please reccomend the approval of a zone change to RSF-Z -- one house not two. Thank you for the opportunity for us to voice our concerns. ��t Timothy J. Hick y ITEM NUMBER: A-2 DATE: 03/10/98 61-8 " is CADS City .Mane ger's Agenda Report Wade G. McK nney Acceptance of Final Parcel Map (7400 Morro Road/AT 96-145) (Gearhart) RECOMMENDATION: Staff recommends: Council accept the Final Map for approved Tentative Parcel Map#97001. DISCUSSION: Tentative Parcel Mar #97001 was approved by the City Council on March 25, 1997. The approval--to subdiv de a 0.72-acre site into four(4)new parcels ranging in size from 6,684 0 square feet to 9,127 s juare feet-- was in accordance with the unanimous recommendation of the Planning Commissio following a Public Hearing. All Conditions of Approval have now been satisfied and the Final Map has been signed by the City Engineer. The F inal Parcel Map is therefore ready for recordation. FISCAL IMPAC Final Map acceptance would result in the creation of four(4)new parcels,two(2)fronting on Navajoa Avenue and two (2)fronting on Morro Road. The two(2)new parcels that front on Navajoa Avenue would be available for single residential development and the two(2)that front on Morro Road woul be available for commercial development. The fiscal effects of the project will either be negligit le or beneficial, depending on the type of commercial development. RESPONSIBLEDEPARTMENT: Community Development Department ATTACHMENTS: Attachment --Approved Tentative Map 100001 T CITY OF ATASCADERO ATTACHMENT A .f.Ai . 107* APPROVED TENTATIVE MAP c" - .1 COMMUNITY DEVELOPMENT TPM 49700 DEPARTMENT �._ —_� t� __`'', •__~—j' �__�NAV �•..�__ _._-_ .w....t_ Y OOIQ ay rvf[ .'�TT•au.. r.. -�- _ - , • ,.�— - 1_� -- ----- APFlJCAMT LWAL � I '-- � vY f �• =1�31..� }.fit! _.. _ u.n.aaa.w. T - , � APM TOTAL ARRA t PARCEL 1 I PARCEL ' ' ---•__--� __--__ t LOT 1 LL-�1-__� /0. LOT -'' .�.yL-rs VV,�OK�_G—.�_I--__I_—_I_--_ t PARCEL 3 I PARCEL �. ri i ! A. SITE I� V J'IOVCY _ _ -- - ! _,fAu—/ — _: —_}� AT ----------------- ��J -- t — ---------- _-------- — - - VICINITY Y -----------------`,-, MOfflo 'ROAD \\--=�--------r--- ------ TENT ATIV PARCFT uAn ATM--J45 ....................................................... —..—...T.._....._.._. .r• `)00002 ITEM NUMBER• A - 3 ' DATE: 03/10/98 leis is CADF� City Man ager's Agenda Report Wade G. McKinney Revisions t( the Lease for the Atascadero Lake Pavilion basement to the Boy Scouts of America RECOMME ATION: Recommend that t e City Council authorizes the City Manager to execute the revised lease agreement w th the Boy Scouts of America to use the Atascadero Lake Pavilion basement, and to e pprove a revised lease between the City of Atascadero and four Co- Tenants represents ag four local Boy Scout Troops, for the improvements to, and the tenancy of, the At scadero Lake Pavilion basement. DISCUSSION The Boy Scouts h ive requested that one sponsor be removed from the lease and three new sponsors added. .The new sponsors for the Co-Tenants will be the Atascadero Historical Society, representing Explorer Post 51,BSA,Loyal Order of the Moose, Lodge #2067, representi g Troop 67, BSA and Christian Home Educators, representing Troop #101,BSA. K1Q -Pure Gold-Oldies 104 FM, representing Troop 104 will be removed, from the lease. A 1 communication between the City and the Co-Tenants will be conducted solely i hrough William Gibson of Explorer Post 51. The lease agreement was entered into between the City and two sponsors for the local Atascadero Boy S cont Troop Co-Tenants. As Boy Scouts of America will not enter into local lease agreen ents, it was necessary to have the sponsors be the tenants of record. Previously, the City Council approved a ten-year lease with the Co-Sponsors of two local Boy Scout Troops for use of the Atascadero Lake Pavilion basement in exchange for making improverr ents which will allow public use of this space. The improvements being made include heal•ng and air conditioning, flooring, ceiling, insulation, lighting, electrical • and fire sprinkler odifications. Work is in the final stages and should be complete within months. ')00003 City Manager's Agenda Report Page 2 The space will be used by the Boy Scouts at selected times with all other hours available to use for City programs. The days and hours of proposed use by the Boy Scouts will be: Monday through Friday 2:30 - 5:00 p.m. Tuesday, Wednesday&Thursday 6:45 - 10:00 p.m. Saturdays 7:00 a.m. - 5:00 p.m. FISCAL IMPACTS: There will be no financial impact on the City of Atascadero as a result of the recommended changes to the lease. RESPONSIBLE DEPARTMENT: Community Services Department ' f)00004 Doug Moore BSA Meeting And Training Facility Explore Post 51 Atascadero Historical Society Committee Atascadero, California 93422 January 12, 1998 City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, CA. 93422 SUBJECT: Amendments/Update to the Lake Pavilion Basement Lease Agreement Reference b'ect lease agreement dated July 12, 1996 between the City of Atascad ro, CA. and cited Sponsors/Co-tenants. Request the above lease agreement be amended with changes, additions and deletions as follows: a: Paragraph L. PARTIES: 1.2 Tenants: 1.2.1.2. Co-tenant Delete. KIQO-Pure Gold-Oldies 104 FM ATTN: Troop 104, BSA PO Box 6028 Atascadero, CA 93423-6028 1.2.1.2. Co-tenant: Add'- Atascadero Historical Socitity ATTN: Explore Post 51, BSA PO Box 1047 Atascadero, CA 93423-1047 1.2.1.4. Co-tenant: Add - Loyal Order of the Moose Lodge #2067 ATTN: Troop 67, BSA • 8507 El Camino Real Atascadero, CA 93422 ')()00QS SUBJECT: Amendments/Update to the Lake Pavilion Basement Lease- Agreement, January 12, 1998. a. Paragraph 1. PARTIES: Continue. 1.2.1.5. Co-tenant: Add- Christian Home School ATTN: Troop 101, BSA PO Box 1221 Tempelton, CA 93465-1221 b. Paragraph 16.4 DEFAULT BY TENANT, LANDLORD'S REMEDIES 16.4 Termination of Lease. 16.4.2 - Change to Read all after the Landlord shall pay the . . . Add - The Executive Committee, Explore Post 51, BSA, Atascadero Historical Society and Co-tenants as cited in paragraph 1.2 of this lease compensation . . . c. Paragraph 30. CO-TENANT REPRESENTATION TO LANDLORD. Change to read all after a representative of the . . . Add - The Executive Committee Explore Post 51, Atascadero Historical Society. If there are any questions or additional information required please call the point of Contact below at (805) 466-6463. incerely, DONALD R. LUCE Committee Representative Explore Post 51, BSA CF: Charter Organization Representative, Atascadero Historical Society Committee Chairman, Post 51, Atascadero Historical Society Post 51, Atascadero Historical Society Troop:67, Loyal Order of the Moose Troop 10.1, Christian Home School Troop 155, Knights of Columbus Page 2 ")()0006 City of Atascadero Contract #98010 LEASE AGREEMENT This Lease Agreement is made and entered into this date by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Charter Organizations (Sponsors) for Boy Scouts (Units Troops) of America, Non-profit Organizations in California, hereafter are referred to as "Tenant (s) or Co- Tenants" . 1 . PARTIES 1.1 Lan lord 1 . 1 . 1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terins of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1 .2 Tenant 1 .2 . 1 The tenant (s) hereafter shall be referred to as "Co-tenants" of this lease agreement. The Co-tenants are Chartering Organizations (Sponsors) for select Boy Scouts (Units Troops I Posts) of America (BSA) , within the Los Padres BSA Council, which are Non-Profit Organizations of Atascadero, California, whose mailing address ' s and physical address' s for notice under he terms of this Agreement are as follows: 1 .2 . 1 .2 Co-tenant: Atascadero Historical Society Explorer Post 51, BSA P.O. Box 1047 Atascadero, CA 93423 1 .2 . 1 . 3 Co-tenant: Knights of Columbus (KOC) Santa Lucia Council #3648 Attention: Troop 155, BSA P.O. Box 810 Atascadero, CA 93423 LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 1 OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT 100GO7 i City of Atascadero Contract #98010 1 .2 . 1 .4 . Co-tenant: Loyal Order of the Moose Lodge #2067 Attention: Troop 67, BSA 1 .2 . 1 .5 Co-tenant: Christian Home Educators Attention: Troop 101, BSA P. O. Box 1221 Templeton CA 93465-1221 2. LEASE PREMISES 2. 1 Description of Premises 2 . 1 . 1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2 . 1 .2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant' s use and occupancy of the leased premises . 2 .2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building ,or the leased premises are solely for the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. Landlord shall have the right to establish , and enforce reasonable rules and regulations concerning the use of the parking area. 3. TERM OF LEASE The term of this Lease shall begin on August 1, 1996_. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of ten (10) years. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 2 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT X)00'08 City of Atascadero Contract #98010 4 . RENTAL 4 .1 Minimum Annual Rent 4 . 1 . 1 Tenant agrees to pay to Landlord a minimum annual rent o $1 . 00 during each year of the term of this Lease. The annual rent shall be due and payable on the January 15th of each year. All rents shall be paid in lawful money of the United States at the location designated in Section 1 . 1 . 1 and at such place as Landlord shall designate to Tenant from time to time in writing. 4 . 1 .2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum annual rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum annual rent, as so adjusted, at the times and in the manner provided by this Lease. 4 .1 . 3 Should Tenant fail to make any payment of rent within ten (1 0) 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 (150) until paid in full. 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint 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. • LEASE AGREEMENT VITH THE BOY SCOUTS OF AMERICA PAGE 3 OF 26 FOR THE ATASCADE 0 LAKE PARK PAVILION BASEMENT ')00009 City, of Atascadero Contract #98010 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 4 OF 26 . FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 6.3 Tax s Defined; Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental. harges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed agai st all or any part of the building and other improvements and the land of which the leased premises are a part, includi g but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or buildiiig 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 terinination 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 LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE S OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7 .2 Rules and Regulations Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8. USE; LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to maintain a meeting location and training center for local Boy Scout Troops, and for no other purpose or purposes without Landlord' s prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant' s use of the leased premises shall be in accordance with the following requirements: 8 .2 . 1 Days and Hours of Tenancy. The Day and Hours of Tenancy will be limited to: Monday through Friday 2 : 30 p.m. to 5: 00 p.m. Monday through Thursday 7 : 00 p.m. to 10: 00 p.m. Saturdays 7 : 00 a.m. to 5: 00 p.m. Requests for additional hours of use for the Pavilion Basement will be subject to availability and will be allowed at no additional cost. Requests for additional hours must be submitted in advance in writing to the Department of Community Services. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 6 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT 100012 City of Atascadero Contract #98010 8 .2 .2 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant' s sole cost, co ply with all requirements of any insurance organization cr company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8 .2 . 3 Compliance with Law. Tenant shall, at Tenant' s sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal autho ities now in force, or which may hereafter be in force, pertai ing to the leased premises and the use and occupancy the eof 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 lenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landl rd and Tenant. 8 .2 . 4 Waste; Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties . 9. ALTERATIONS 9.1 Change b Tenant 9. 1 . 1 Required improvements tenant agrees to pay for all materials and labor to make improvements to the leased premises described in "Exhibit B" attached hereto and which is hereby incorporated herein. Tenant also agrees to secure all appropriate building permits and comply with all relevant state and local requirements prior to occupancy. 9. 1 2 Any alterations, additions, improvements or changes, incl ding 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 tliereto in writing. Any such alterations or LEASE AGREEMENT19ITH THE BOY SCOUTS OF AMERICA PAGE ,? OF 26 FOR THE ATASCADE O LAKE PARK PAVILION BASEMENT f400013 City of Atascadero Contract #98010 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 I Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10. 1 Tenant shall make all arrangements for and shall pay a pro-rated -portion of the utilities including gas and electricity supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 8 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT 000 ' City of Atascadero Contract #98010 11 .2 Removal of Personal Property Prolrided 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, vent lating 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 aiid at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12 .1 Landlord's Maintenance Except as otherwise provided in this Lease, Landlord. agrees to mai tain in good condition and repair, at the sole cost and expense of Landlord, (1) the structural components of the building and improvements in which the leased premises are located, whicli structural components are limited to the foundations, bearing and exterior walls (and any plumbing or wiring encased therein) , sub-flooring and roof; and (2) common areas and the exterior of the leased premises; and (3) any heating, ventilating and air conditioning systems furnished by Landlord to the leased premises. 12.2 . Tenant's Maintenance 12 . . 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 store ront; (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. LEASE AGREEMENT RITH THE BOY SCOUTS OF AMERICA PAGE 9 OF 26 FOR THE ATASCADE 0 LAKE PARK PAVILION BASEMENT ")0015 City of Atascadero Contract #98010 B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant' s sole cost and expense. C. To provide janitorial services for the interior of the leased premises. 12 .2 .2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12 .2 .3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises . 13. INDEMNITY AND INSURANCE 13.1 Indemnification Agreement This Lease is made upon the express con P P dation 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 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 LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 10 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 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 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prio to the expiration of each such three (3) year period, then he 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 b a primary policy, issued by an insurance company reasonably sa isfactory to Landlord, and shall contain an endorsement r quiring thirty (30) days written notice from the insurer to La dlord before cancellation or changes in the nature, scope or amou t of coverage. Each policy, or a certificate of the policy, t gether with evidence of the payment of premiums, shall be depo ited with Landlord at the commencement of the initial term f this Lease, and at the commencement of any renewal term. 13.4 Lan lord's Insurance 13 . . 1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, ins ring against loss by fire and the perils covered by an extended c verage endorsement, and public liability insurance insuring agai st personal injury and property damage in the amounts not 1 ss than the fair market value of the building. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 11 OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 14 . DAMAGE OR DESTRUCTION 14 . 1 Landlord to Repair Should the Teased 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 during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant' s use of the leased premises. In the . event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 12 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT 'W0018 City of Atascadero Contract #98010 specifying tha effective date thereof, within ten (10) days after the period re uired to restore the premises has been determined. 14 . .3 Should then-applicable laws or zoning ordinances pr elude the restoration or replacement of the leased premises in tie manner hereinbefore provided, then Landlord shall have the righ to terminate this Lease immediately by giving written notic of termination to Tenant. 15. ASSIGNIN3, SUBLETTING AND HYPOTHECATING 15.1 Volantary Transfers Tenant shall not sell, transfer or assign this Lease or any part ther of, 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 Insolvenay 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, cr 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 writt n notice of termination and the same shall expire as fully and co pletely 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 13 OF 26 FOR THE ATASCAD7,RO LAKE PARK PAVILION BASEMENT ')()0019 City of Atascadero Contract #98010 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 14 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT �� 0020 . . City of Atascadero Contract #98010 16. . 1 The Landlord reserves the right to extend this agreement, at the end of ten (10) years, for an additional ten (10) year term. The landlord, at it' s sole discretion, may elect not to extend the lease agreement at the end of the first ten year term with or without cause. 16. .2 If the Landlord elects not to extend the agreement for an additional ten (10) years, the Landlord shall pay the Execu ive Committee, Explorer Post 51, BSA Atascadero Historical Society and Co-tenants cited in paragraph 1 .2 . , compensation for the direct costs of materials and equipment to convert the leased space to public use. Records and receipts shall be required for reimbursement not to exceed $12, 000.00. 16.5 Landlord's Damages If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant' s right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant' s failure to perform Tenant' s obligations hereunder, including but not restricted to the worth at the time of the award (computed in accordance wi h paragraph (b) of Section 1951 .2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balan e of the Lease term exceeds the amount of such rental loss f r the same period which the Tenant proves could be reasonably av ided 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 CaliforniaCivil 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE IS OF 26 is FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT '?000A . City of Atascadero Contract #98010 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct .of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord' s part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant' s obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVER OF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or. provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 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 LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 16 OF 26 . FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 other exterio 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 Ent 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 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Le se; 21J .2 To do any necessary maintenance, repairs, restoration o remodeling to the building or the premises that Landlord has he right or obligation to perform; 21 . . 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, o during any period while Tenant is in default, and any notices p ovided by law for the protection of Landlord' s interest in t e leased premises; and 21 . L . 4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades ar and 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 . .5 To gather information including measurement, prepare floor plans, etc. , for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant' s use and occupancy of the leased premises; provided that Landlord' s entry and activities do not result from Tenant' s default, Tenant shall be entitled to an abatement or reduction of LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 17 OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT )000 3 City of Atascadero Contract #98010 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. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 18' OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 24 . NOTICES All notices hereunder shall be in writing and shall be deemed to ha e been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prep id, addressed, to the addresses set forth in Section 1 . 1 and 1 .2 above unless changed in writing effective upon written noti e 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 inu e 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 a d assigns. 27. ATTORNE S' FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable 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 erm 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 t ose 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. LEASE AGREEMENI WITH THE BOY SCOUTS OF AMERICA PAGE 19 OF 26 FOR THE ATASCAIERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. -The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. 30. CO-TENANT REPRESENTATION TO LANDLORD By entering into the lease agreement, the Co-tenants acknowledge and agree that they will communicate with the landlord through a representative of the Executive Committee Explore Post 51, Atascadero Historical Society. IN WITNESS WHEREOF, the parties (Co-tenants) hereto have executed this Lease on the date set forth opposite their respective names . Date: By: Co-tenant (Sponsor) for Explore Post 51, Mr. Lon Allan, Charter Organization Rep. Atascadero Historical Society Date: By: Co-tenant (Sponsor) for Troop 155, BSA Thomas Parks, Charter Organization Rep. Knights of Columbus, Atascadero . Date: By: Co-tenant (Sponsor) for Troop 67, BSA Charter Organization Representative Loyal Order of the Moose, Lodge *2067 Date: By: Co-tenants (Sponsor) for Troop 101, BSA William Gibson, Charter Organization Representative Christian Home Educators LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 20 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT ')� 00 City of Atascadero Contract #98010 Attest: LANDLORD, CITY OF ATASCADERO ' By: _MARCIA TORGE SON HAROLD L. GARDEN, III, City Clerk Mayor Approved as to form: ROY HANLEY, City Attorney LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 21 OF 26 FOR THE ATASCADER0 LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 EXHIBIT A DESCRIPTION OF LEASED PREMISES: A portion of The Basement of the Atascadero Lake Pavilion Building. ADDRESS: 9315 Pismo Street Atascadero, California 93422 SQUARE FEET: 1620 Square Feet LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 22 OF 26 • FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT City of Atascadero Contract #98010 EXHIBIT B Tenancy to b gin: August 1, 1996 Tenant impro ements to be completed by: on or about October 1, 1996. Tenant impro ements to include: Floorin : 1, 620 sq. ft. of carpet Ceiling: 1, 62.0 sq. ft. acoustic ceiling installed Fire Sprinkler modification Insulation Divider Wall : Materials includingdrywall and 2x4 ' Y s Electrical: Additional wall outlet Lightin : Minimum of eight (8) suspended fluorescent lighting - fixtures Installation by Electrician Heating Air Conditioning: Design, purchase, and installation of heating and air conditioning units Storage Cabinets : Lockable closet style Architectural Drawings: Complete set of drawings per Permit requirements Room Pa tition: Sliding panels to divide room for meetings . LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 23 OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT �00011-219 City of Atascadero Contract #98010 EXHIBIT „C„ 1 . RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JANUARY of each year. Minimum annual rent for the term of this Lease Agreement shall be $1 .00. 2 . LATE CHARGE: Ten percent (10%) of annual rent (see Section 4 . 1 . 3) . 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services. Reasonable cost of electricity, water, gas, building maintenance and trash collection to be paid to the City by the Co-tenant (s) . Cost of telephone and interior janitorial service to be provided and paid directly by the Co-tenant (s) . LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 24 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT ')000-30 City of Atascadero Contract #98010 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 additio al lock or bolt on any door of the premises without Landlor ' s approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord' s approval . 4 . Tenant Ehall 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 Landlor and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of Tenant' s agents who utilize the parking facilities of the building. 7 . Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord' s consent. LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 25 OF 26 FOR THE ATASCAD RO LAKE PARK PAVILION BASEMENT -)00031 City of Atascadero Contract #98010 The location of telephones and other office equipment affixed to the premises shall be subject to Landlord' s approval, which approval shall not be unreasonably withheld. 8 . Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost of replacing any lost keys and, at the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord' s approval . 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times . If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11 . Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. C:\CNTRCTS\BOYSCTS.LEA LEASE AGREEMENT WITH THE BOY SCOUTS OF AMERICA PAGE 26 OF 26 FOR THE ATASCADERO LAKE PARK PAVILION BASEMENT ')00032 r ITEM NUMBER: A - 4 DATE: 03/10/98 iais is e CADS City Man ger's Agenda Report Wade G. McK'nney State Office of Emergency Services Designation of City Representatives, RECOMMENDATION: Staff recommends: Council adopt Resolution 1998-014 "Authorizing Certain City Representatives to E Kecute State Office of Emergency Services Documents for Certain Financial Assistance." DISCUSSION: Backwound: In order to receive federal and state disaster assistance funds for 1998 winter storm damage,the City must authorize certain individuals to execute applications and other administrative docurnents. This means that we must have a Council adopted OES Form 130 on file,before we can a ply for disaster relief funding. Resolution 1998-014 and the attached Form 130 will satisfy this j equirement. In August of 1997, the City adopted Resolution 84-97, designating Wade McKinney, Brady Cherry and Rachelle Rickard as the City's authorized representatives for the 1995 winter storm disasters (#1044 & 1046). In October of 1997, OES revised Form 130. This new form will now cover the 1998 winter disaster and all future disasters. It also authorizes positions, rather than individuals and does not have to be amended for personnel changes. Staff recommends that the City Manager, a Community Services Director and the Finance Director be named.as authorized represent dives. FISCAL IMPACT: None RESPONSIBLE DEPARTMENT: Finance ATTACB MEN S: Resolution 1998-014 OES Form 130 100033 State of California OFFICE OF EMERGENCY SERVICES P.A.No. 079-03064 DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE COUNCIL ,OF THE CITY OF ATASCADERO Goveming Body) (Name of Applicant) THAT the Cijy M na er OR (Title of Authorized Agent) the Communijy Services Director OR (Title of Authorized Agent) the Finance Director (Tide of Authorized Agent) is hereby authorized to execute for and in behalf of the City of Atascadero ,a public entity established under the laws of the Slate of California,this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federa financial assistance under P.L.93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988,and/or state financial assistance under the Natural Disaster Assistance Act. THAT the Cijy of tascadero ,a public entity established under the laws of the State of California, hereby authorizes its agent(s) to piovide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances a ad agreements required. Passed and approved this 10th day of March 1998 (Name and Title) (Name and Title) (Name and Title) CERTIFICATION I, Marcia M Tor erson ,duly appointed and City Clerk of (Name) (Tide) Cijy of Atascadero ,do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the City of Atascadero on the (Governing body) (Name of Organization) IOd' day of March 1998 (Date) (Month) (Year) Date: (Official Position) (Signature) 0 OES Forth 130(10/97)DAD Form `M0035 ITEM NUMBER: A - 5 ' DATE: 03/10/98 isis i e CADF� City Manager s Agenda Report Wade G. McKinney Zone Change#97008 (7930 Santa Rosa Road) (Gearhart) RECOMMEND TION: Staff recommends: Gouncil table Zone Change#97008. DISCUSSION: Staff is continuing t research information regarding the zone change. As of the date of this meeting,March 10, 1998, staff has not completed its research of this issue and cannot make a final recommendation. FISCAL IMPA T: None RESPONSIBLE DEPARTMENT: Administration 1000:36 ITEM NUMBER: C - 1 ■ a n DATE: 03/10/98 leis n 1970 tAD�� City Manager's Agenda Report Wade G. McKinney Information Bulletin A. EMPLOYE E UPDATE Ryan Southworth P/Time Service Worker Resigned 2/13/98 Scott Shanks P/Time Site Director Hired 2/17/98 Paul Saldana Time Director of Comm Develop. Hired 2/25/98 Stefan Bewley P/Time Instructor/Lifeguard Resigned 2/27/98 ')0003'7