HomeMy WebLinkAboutAgenda Packet 11/25/1997 *PUBLIC REVIEW COPY
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WEL COME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets n regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber f City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff repods 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 insy ection during City Hall business hours.
In compliance with the mericans with Disabilities Act, if you need special assistance to participate in
a City meeting or othet services offered by this City, please contact the City Manager's Office, (805)
461-5010,or the City Cl-rk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting
or time when services ar needed will assist the City staff in assuring that reasonable arrangements can
be made to provide'acce sibility to the meeting or service.
TO SPEAK AT PUBLIC HEARINGS
Scheduled'public hearings 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 considered. If you wish to speak for,against or comment in any way:
• You must a proach the podium and be recognized by the Mayor
• Give your name and address
• Make your statement
• All comments should be made to the Mayor and Council
• All commen s 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,anc no one may speak more than twice on any item.
The Mayor will announce when the hearing is closed,and thereafter, no further public comments will be
heard by the Council
TO SPF AK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS
Under Agenda item,"C MMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items n t on the Agenda maybe brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum(unless changed by the Council).
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TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or bring a written c mmunication to the City Manager's office in City Hall prior to the deadline.
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AGENDA
ATASCADERO CITY COUNCIL" L�
MEETING
TUESDAY,NOVEMBER 25, 1997
7:00 P.M.
City of Atascadero
6500 Palma Avenue
Atascadero, California
CLOSED SESSION, 6:30 P.M.:
1) Conference with labor negotiator:
Agency negotiator: City Attorney
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.
OPEN SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Carden
ROLL CALL: Mayor Johnson
Council Member Carden
Council Member Clay
Council Member Lerno
Council Member Luna
CITY COUNCIL REORGANIZATION:
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A. Council appointment of Mayor and Mayor Pro Tempore
B. Presentation to outgoing Mayor Ray Johnson s
C. Review committee appointments
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 far 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.
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COMMUNITY FORUM:
This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this Benda and over which the Council has jurisdiction. Speakers are
limited to five minives. 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 futur agenda.
PRESENTATIONS:
1. "Proclama ion to the World", to be presented by members of the Church of Jesus
Christ of Latter-day Saints
2. Greg Good in- Economic Vitality Commission update
CORRESPONDENCE
A. CONSEN CALENDAR: Roll Call
All items on the co'isent calendar are considered to be routine and non-controversial by
City staff and will Ile approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be remov d from the consent calendar and will be considered in the listed
sequence with an o portunity for any member of the public to address the Council
concerning the item before action is taken.
1. City Counc 1 Minutes - October 28, 1997 (City Clerk recommendation: Approve)
2. City Treasurer's Report- October 1997 -No Fiscal Impact (City Treasurer's
recommen tion: Review& accept)
3. October 19Q7 Audited Bills and Pa roll -Fiscal Impact: $936,448.15 (Staff
recommen tion: Review & accept)
4. El CaminoZeal Bikewa Improvements =Fiscal Impact: $27,01657, previously
`budgeted ( toff recommendation: Accept improvements as complete and
authorizer lease of project retention, less liquidated damages)
5. Surface Transportation Pro ram Funding Applications -Approve applications for
Regional ar d Urban State Highway Account funds for the next 6-year funding
cycle -Fisc2l Impact: $4,500,previously budgeted for updated of CIP (Staff
recommen tion: Approve by minute order)
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6. Purchase of 17-passenger accessible bus through State Department of General
Services -Fiscal Impact: $37,803,plus I%state service fee, available in the FY
97198 Budget through a IIMTA Section 18 Grant(Staff recommendation: Adopt
Resolution No. 101-97)
7. Report on Construction Agreements for Paloma Creek Park Flood Damage
Restoration Atascadero Lake Outlet Diversion Dike and Atascadero Creek
Pipeline Repairs -Fiscal Impact: Paloma Creek project$13,000, FEMA-Grant
funded;Atascadero Lake project$19,975.50,funded by existing allocation in
General Fund Drainage Account;Atascadero Creek project$21,000, FEMA
Grant funded (Staff recommendation: Authorize City Manager to execute three
separate agreements with A-Jay Excavating, Inc.for flood control and repair
projects)
8. Support for AB1151,which codifies the implementation of daytime curfews -No
Fiscal Impact (Staff recommendation: Adopt Resolution No. 102-97)'
9. Establishment of a no-parking zone at 5585 El Camino Real -To improve sight
distance for vehicles exiting the Atascadero Police Station-Fiscal Impact: Curb
painting estimated at$20 (Traffic Committee recommendation: Adopt Resolu-
tion No. 105-97)
10. Installation of stop intersection on Magdalena Ave.at Mercedes Ave, Fiscal
Impact: Estimated at$100.00 (Traffic Committee recommendation: Adopt
Resolution No. 106-97)
11. Establishment of a no-parking zone at 5905 East Mall - To improve access for
Dial-a-Ride buses at this location-Fiscal Impact: Cost of curb painting esti-
mated at$20 (Traffic Committee recommendation: Adopt Resolution No. 104-
97)
12. Second reading of Ordinance No. 335, amendment to nighttime curfew
regulations -No Fiscal Impact (City Attorney recommendation: Motion to waive
reading in full and adopt on 2nd reading by title only)
13. Second reading of Ordinance No. 336,amending the PERS contract to include the
4"' Level of the 1959 Survivor Benefit for Safely members -No Fiscal Impact
(Staff recommendation: Motion to waive reading in full and adopt on 2nd
reading by title only)
B. PUBLIC HEARINGS: (no items submitted)
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C. MANAGE ENT REPORTS:
I. Providing ,"orkers compensation coverage for authorized volunteers and
appointed o ficials ursuant to Labor Code 3363.5 -No Fiscal Impact (Staff
recommendation: Adopt Resolution No. 107-97)
2. Re ort on A tascadero Creek/River Gardens Drainage Issues -No Fiscal Impact
(Staff reco mendation: Request technical and financial assistance from the U.S.
Army Corps of Engineers to prepare a flood plain management plan for Atasca-
dero Creek)
3. Information Bulletin:
A. No County Council
B. Joint City Councils Meeting
C. Employee Update
D. ATTORNEY REPORTS (no items submitted)
E. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group
2. S.L.O. Cou cil of Governments/S.L.O. Regional Transit Authority
3 City/School Committee
4. County Waler Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6. Finance Committee
7. Air Pollutioi Control District
8. North Coun y Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Counci 1
2. City Clerk
3. City Treasurer
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G. ADJOURNMENT:
THE NEXT REGULAR CITY COUNCIL MEETING IS SCHEDULED FOR
DECEMBER 9, 1997.
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.
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ITEM NUMBER: A-1
DATE: 11/25/97
ATASCADERO CITY COUNCIL
MINUTES
OCTOBER 28, 1997
CLOSED SESSION,6:30 P.M.:
1) Conference with legal counsel -Existing litigation (Govt. Code Sec. 54956.9)
Name of ca e: Ramirez v. City of Atascadero
2)` Conference with legal counsel -Existing litigation(G.C. Seca 54956.9(a))
Name of ca 3e: Greene v. City of Atascadero
3) Conference with legal counsel -Anticipated litigation(G.C. Sec. 54956.9(b))
Significant xposure to litigation(one case): Don Brimage v. City of Atascadero
4) Conference with labor negotiator
Agency negotiator: City Attorney
Employee rganizations: Mid-Management/Professional,Atascadero Fire
Captains, ascadero Firefighters, Service Employees Intl. Union Local 620,
Atascadero Sergeants Service Orgn.,Atascadero Police Officers Assoc.,Atascadero
Public Safe Technicians Orgn.
REGULAR SESS ON, 7:00 P.M.:
Mayor Johnson cal ed the Regular Session to order at 7:10 P.M. and Councilmember Lerno
led the Pledge of llegiance.
ROLL CALL:
Present: Councilmembers Carden, Clay,Lerno, Luna and Mayor Johnson
Absent: None.
Others Present: Marcia M. Torgerson, City Clerk
Staff Present Wade McKinney,City Manager; Roy Hanley, City Attorney; Steve
DeCamp,Acting Community Development Director; Brady Cherry,
Community Services Director; Lt. Bill Watton, Acting Police Chief;
Rachelle Rickard,City Accountant; Valerie Humphrey, Staff
Assistant;Peter Gaw, Fire Captain.
APPROVAL OF GENDA: Roll Call 5:0
COUNCIL ANNOUNCEMENTS AND REPORTS:
On behalf of the City Council and the City of Atascadero,Mayor Johnson expressed
sympathy to the Capps family as Congressman Capps passed away today. The Council
asked staff to draft a letter to the Capps family to express their condolences and reflect our
appreciation of his service to Atascadero and the county of San Luis Obispo. Mayor
Johnson asked that the letter be signed by all Councilmembers.
COMMUNITY FORUM:
Raymond K. Jansen,6655 Country Club Drive,read a letter to the editor into the record.
The letter stated his concerns of the public not keeping informed of political issues.
Eric Greening,7365 Valle, stated his concerns of the treatment of a coast live oak that he
witnessed across the street-from 6910 Navajoa. He stated it is being damaged by the
storage of construction equipment and the stockpiling of dirt.
Ann Ketchcrside, 9012 La Linia,circulated a picture and asked that the Council take care
of her issue within the next week. She explained that if her issue was not taken care of by
next week,she will be forced to go to Dan Lungren's office. `She went on to say that if she
goes to Mr.Lungren's'office she will file a suit against the City.
--end COMMUNITY FORUM--
PRESENTATIONS: Proclaim "Red Ribbon Week",October 23-31, 1997
The Proclamation was accepted by Sue Warren,North County Connection, 3556 El
Camino Real. She explained some of the programs for children in Atascadero.
CORRESPONDENCE: None.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes- September 23, 1997 (City Clerk recommendation.
Approve)
-2. City Treasurer's Report-July 1997 (City Treasurer's recommendation: Review&
accept)
3. City Treasurer's Report-August 1997 (City Treasurer's recommendation: Review
&accept)
4. City Treasurer's Report- September 1997 (City Treasurer's recommendation:
Review&accept)
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Page 2
5. September 1997 Audited Bills and Pamoll -Fiscal Impact: $1,086,441.55
(Staff recommendation: Approve)
6. Acceptance of Final Parcel Map 95004, 8295 Marchant Ave. - Division of a 1.13
acre site into two parcels of 0.50 and 0.55 acres net(Bernard/Sholders) -No Fiscal
Impact (Staff recommendation: Accept)
7. Acceptance of Final Parcel May 92006, 10060 Atascadero Ave. -Division of 2.28
acre site into two parcels of 1.0 and 1.28 acres. (Hazard/Tartaglia) -No Fiscal
Impact(Staff recommendation: Accept)
8. Traffic WMy Bikeway(Bid No. 96-06) -Fiscal Impact: $14,485.32,previously
budgeted (Staff recommendation: Accept project improvements and authorize
payment of the 10%retention)
9. Curbaril Avenue Sewer Main Repair Project(Bid No. 96-07) -Fiscal Impact:
$6,987.30,previously budgeted (Staff recommendation: Accept project
improvements and authorize payment of the 10%retention)
10. Pump Station No. 5 Sewer Main Repair Project(Bid No. 96-08) -Fiscal Impact:
$9,692.80 (Staff recommendation: Accept project improvements and authorize
payment of the 10%retention)
11. Citizens' Options for Public Safely(COPS) Grant for Purchase of Computer
• Services - Total Grant Funds Requested: $5,350 (Staff recommendation: Adopt
Resolution No. 100-97)
12. General PW Conformance - Proposed Lease of Property at 6925 Atascadero
Avenue-No Fiscal Impact (Staff recommendation: Find the County's intention to
lease subject real property to be in conformance with the General Plan)
13. General Plg Conformance -Proposed Sale of Property at 4995 Mananita Avenue -
No Fiscal Impact (Planning Commission/Staff recommendation: Find the City's
disposal of the subject Park Reservation parcel to be in conformance with the
General Plan)
14. Request by California Federation of Women's Clubs to Place an"El Camino Real
Bell"in front of the Chamber of Commerce Office-Fiscal Impact: $50.00
(Staff recommendation: Approve bell placement and provide staff direction)
15. 1997/98 Street Striping Project-Fiscal Impact: $26,575.34 (Staff
recommendation: Adopt Resolution No. 93-97)
16. Installation of Stop Sign-Palomar Avenue -Fiscal Impact: $100.00
(Traffic Committee Recommendation: Adopt Resolution No. 94-97)
i17. Resolution Adopting Full-time, Part-time Employee Salary Schedules and
Departmental Staffing Allocations for Fiscal Year 1997/98 -No Fiscal Impact
(Staff recommendation: Adopt Resolution No. 97-97)
CC 70/28/97.
Page 3
Councilmember Luna pulled A-13 and Eric Greening pulled A-1.
MOTION: By Councilmember Luna and seconded by Councilmember Clay
to approve items A-2,3,4, 5, 6, 7,8,9, 10, 11, 12, 14, 15, 16 and
17.
Motioned passed 5:0 by a roll-call vote.
RE: Item A-1: Eric Greening asked that the City Clerk correct page 4 under item B-1
where he was speaking in relation to the Nacimiento Water Project. He said that he did no
say that the EIR was adequate. He asked that the word adequate be replaced with well
intentioned. Mayor Johnson asked Marcia Torgerson, City Clerk,'to make the correction.
MOTION: By Councilmember Luna and seconded by Councilmember Clay
to approve Item A-1 as amended. "
Motion passed 5:0 by a roll-call vote.
RE: Item A-13: Councilmember Luna stated that he pulled this item because he wanted to
state that if the City is going to dispose of properties like this,we should develop a policy.
He also stated that he would like to see what the value is to the City. Councilmember Luna
said that he would prefer to continue this item until the City develops a policy.
Councilmember Clay asked what the total square footage of the parcel is and the total cost.
Wade McKinney responded that the parcel is well under one-quarter acre and he explained
that the City has not established a price. Item A-13's purpose is to review General Plan
conformance and to determine if the Council wanted to declare any of these properties
surplus. If so, staff would appraise the property and determine a price. •
MOTION: By Councilmember Clay and seconded by Councilmember
Carden to approve Item A-13.
Motion passed 3:2 by a roll-call vote. (Lerno and Luna opposed)
Councilmember Carden stated that he would like to see a policy on this issue come back
to the Council.
B. PUBLIC HEARINGS:
1. Appeal of Planning Commission Denial of Conditional Use Permit 97012
Regarding a Residential Care Facility at 7105 San Gabriel Road-No Fiscal Impact
(Staff recommendation: Adopt Resolution No. 98-97, denying the proposed
expansion of the subject facility)
All Councilmembers announced that they have all spoken with the Applicant, some of the
neighbors and visited the site.
Wade McKinney gave a brief introduction explaining that this hearing is a"de novo"
hearing, meaning this is a new hearing. He stated that the Council is to hear the public
comment and review the facts; Council is not reliant necessarily on the Planning
Commission decision. Steve DeCamp gave the staff report. He announced that the
Councilmembers should disregard the attachments on page 138-147 as they were
CC 10128/97
Page 4
accidentally included in the packet. He explained staff s recommendations to the Planning
Commission and the Planning Commission's recommendation to the City Council.
Mayor Johnson asked if the Applicant and the neighbors agreed to get together and work
on their differences` could the Council continue this item. Mr. DeCamp agreed. Mayor
Johnson stressed to!,the public that the.issue on the agenda is concerning the zoning of one
parcel; Council is not being asked whether there should or should not be senior housing in
residential areas.
Councilmember Carden asked if emergency access for the Fire and Police Departments has
been reviewed. W. McKinney responded that the Fire Department has reviewed the site
and has not identified any problems.
Councilmember Lerno asked if one'of their options was to return this item to the Planning
Commission. Mayor Johnson responded,yes.
Councilmember Luna suggested a larger turn-around for emergency vehicles be added to
the Conditions of Approval. He also asked about the septic suitability of the existing tank
and leach field. Mr. DeCamp responded that the Civil Engineer on staff believes that the
septic system is adequate to meet the needs that would be generated by the residents of the
home.
Councilmember-ClAy stated he thought the turn-around needed to be enlarged. He also
asked if the number of residents (15)could be lowered to 12, for example. Mr. McKinney
responded that,yes,that was an option. Councilmember Clay also asked if a CUP goes
with the land if sold. Mr. DeCamp answered, yes.
Mayor Johnson asked if this CUP would also be able to be used for a youth home. Mr.
DeCamp answered,',no. He explained that one of the Conditions of Approval states that
this is a group home for elderly residents. Any change in the type of occupancy or the
number of occupants would require a review by the Planning Commission.
Councilmember Carden asked if there were any Supreme Court cases,referring to not
being able to restrict residency based on age, etc., that address precluding another type of
use based on age. Roy Hanley answered that it could if age is the only factor. However,
other factors, such as staffing required with a youth home would pertain.
Councilmember Clay commented that the driveway seems too narrow and asked if the
Applicant would be in favor of widening it. Mr. DeCamp responded that the Applicant has
indicated that he would be willing to widen the driveway. Councilmember Clay asked if
there have been any complaints from neighbors of the Sycamore House, a long-standing
residential care facility. Mr. DeCamp stated that he is unaware of any complaints in
connection with Sycamore House.
Mayor Johnson asked some questions about the driveway's current width and how the City
addresses these issues. Mr. DeCamp responded that a driveway that serves multiple single
family homes should be a minimum of 16 feet wide of paving with 2 foot graded
shoulders. Mayor Io Imson then stated that this driveway does not meet those standards.
CC 10/28/97
Page 5
Councilmember Lerno stated that the Council is being asked to allow a business in a family
residential zoning. He said that he felt that was a problem.
Mayor Johnson asked the City Attorney to give his legal opinion. Roy Hanley stated that
the constitution has been interpreted to say that you cannot deny residential uses by people
based upon their lack of what we consider a traditional family relationship. He explained
that's why you cannot completely forbid residential care facilities in residential zones.
After the Council hears all the evidence, it will-be able to decide whether or not this project
can be conditioned so that, based on its actual use, it is consistent with the residential use
and if not,the Council will have the power to deny it.
Councilmember Luna asked about the resolutions included with this item. Resolution No.
99-97, approving the CUP, refers to the Conditions of Approval in Exhibit A,but there is
no exhibit attached to the resolution. He stated that he assumes that the Attachment G of'
the Planning Commission agenda packet will become Exhibit A of Resolution No. 99-97.
Mr. DeCamp responded that he was correct.
PUBLIC COMMENT
Kim Kunz, owner of 7105 San Gabriel Road, stated his position on this issue. Mr. Kunz is
the owner of the Garden View Inn. He explained what a residential care facility is and
what services they provide. He stated that his neighbors are not familiar with residential
care facilities. He explained some of the complaints of his neighbors and responded to
them. He asked the Council to look at all the facts before making a decision.
Councilmember Clay asked if the Kunz family is completely moved out of the home. Mr.
Kunz responded, yes.
Jacques Van Zeventer,,Morro Engineering, 6715 Morro Road,was asked by Mr. Kunz to
address the traffic impact of this proposed CUP. He explained that the Council has a
copy of the traffic study that he prepared last week. The traffic study reviews the site,
identifies possible impacts, and suggests mitigations. He stated that there is adequate
parking, and suggested the trimming of oak trees for emergency vehicle access.
Councilmember Luna asked questions concerning emergency access and asked Captain
Peter Gaw, Fire Department,to answer them.
Peter Gaw, Captain and Acting Fire Marshall, Fire Department, stated access is adequate,
but not ideal. He then stated that it would be better to enlarge the turnaround and install
indoor sprinklers.
Ellen Calcagno, 9865 Santa Clara Road, Social Service Director, Sea Shell Communities,
Morro Bay, stated that SLO County is weak in its ability to provide a safe environment
for the elderly that are in need of this type of facility. SLO County would benefit from
this facility.
Jane Patmor, 1699 Langdon, Cambria,retired from ownership of a residential care
facility. These facilities are needed in this area and the Kunz's operate an excellent
elderly care home. Mayor Johnson reinserted the statement that he made at the beginning
of this item which is that the issue tonight is a use permit for land use. It is not the City
Council's intent or responsibility to determine the quality of care that is given there;
CC 10/28/97
Page 6
that's the State's responsibility.
Bill Walters, M.D, $775 Sierra Vista, a neighbor of the facility. Stated Mr. Kunz's
• character is excellent and he will follow through with anything that he promises to do.
Frederick Wood, 5550 Entrada, attorney, represents Mr. Kunz in this matter. He said that
the law states that al;family with 6 elderly residents cannot be regulated. However, if
there are more than6 residents, it can be regulated. He explained his arguments for the'
complaints of the neighbors. The Council must decide on this issue based on zoning
compliance, not the,,neighbors desires.
Robert Johnson, 3985 Rosita Ave., Planning Commissioner, stated he supported this
proposed CUP when it was in front of the Planning Commission. He expressed his
strong support for the approval of the CUP.
R.C. Thorpe, 8025 Santa Ynez, said that he has had the responsibility of finding homes
for the elderly. He!explained that it is extremely difficult to do. Mr. Thorpe stated that
he felt that the Council should be concerned with adequate elderly care in Atascadero.
Alexa Adams, 5552 San Pedro Ave., stated that she is a friend of Kunz's. However, her
reason for speaking!is because of her grandmother who, at 90, moved in with her family
and it was very difficult. A home like the Kunz's would have been ideal for her. Ms.
Adams supports the approval of the proposed CUP. -
MJames Holloway, 110 3`d. St., Templeton, stated that he supports the proposed CUP.
Luann Jorgenesn, 8335 Del Rio Road, spoke about the issue of emergency access. She
expressed her view;that if emergency access was not an issue with the Kunz family living
there, then why is it an issue with the elderly residents.
Athena Kelly, 4505,Arizona St., stated that she is an employee at this facility. She also
stated that she supports the proposed CUP.
Glorilyn Foster-Van Duren, 3635 Homestead Road, said her husband is a business
manager of a care f4cility in SLO. She is concerned with the lack of awareness and
education of the neighbors and stated that the Council is responsible to inform the public.
Susan Johansen, 7275 Santa Ynez Ave., stated that she supports the proposed CUP.
Cindy Witmeyer, 8525 Alegre Ave., said that there is a real need in our community for
this type of facility.',
Mel Danielson, 7850 El Retiro, stated that his father had dementia and cared for him in
his own home. He looked for a home like the Kunz's.to care for his father and finally
found one. Atascadero needs quality homes for the elderly.
Jackie Dallaire, 10415 Rocky Canyon Road, said that her mother resides in this home.
She supports the pr posed CUP. Ms. Dallaire stated that, as a frequent visitor(almost
daily), she rarely passes a car on the driveway.
CC 10/28/97
Page 7
Alice Wagstaff, 8005 San Marcos Ave., stated that she supports the proposed CUP.
Levy Barrett, 1950 Traffic Way, said he and his wife run a care home for developmentally
disabled. He supports the proposed CUP.
Lou Asavis, 9545 Gallina Court, he stated that he supports the proposed CUP. He has
been trying to place his father-in-law in a residential care facility and has found it to be
very difficult. Atascadero needs this type of facility.
Corinne Adams, 5552 San Pedro Ave., said that she has been to this residential care
facility and sang Christmas carols for residents. She supports the proposed CUP.
Shilani Goonetilleke, 11321 Los Osos Valley Road, San Luis Obispo, stated that she is ari
employee at the Garden View Inn. She supports the proposed CUP.
Joan O'Keefe, 9985 Old Morro Road East, stated that she is in favor of granting the CUP.
She expressed her confusion and frustration over the Planning Commission's decision to
deny the CUP, i.e.,they did not ask any questions of the Fire Department representative
present at their meeting.
Jennifer Soni, 7320 Cross Canyon Road, San Miguel, stated that her mother is resident
at Garden View Inn. She expressed her support for the proposed CUP.
June Asavis, 9545 Gallina Court., expressed her support for the proposed CUP.
Robert Johnson, 3985 Rosita Ave.,member of the Planning Commission, expressed the
importance of caring for our elderly.
Ray Robertson, 7099 San Gabriel Road, expressed his strong disagreement with the
proposed CUP. He expressed his concerns and complaints of an expansion such as trash,
and emergency access.
Bill Snider, 7025 San Gabriel Road(prepared statement read by Dick Bellman, 7069 San
Gabriel Road) Mr. Snyder supports the facility as it is currently but expressed_his
concerns of an expansion. He disagrees with the proposed CUP.
Dick Bellman, 7069 San Gabriel Road, expressed his concerns with the proposed CUP
and requested that the Council deny the appeal. He felt that Mr. Kunz should have been
more up-front with his neighbors about his intentions for his property.
John Alexander, 7050 San Gabriel Road, (prepared statement read by Linda Alexander,
7050 San Gabriel Road) Mr. Alexander listed their concerns and expressed their
objection to the granting of the proposed CUP.
Phyllis Cerny, 7049 San Gabriel Road, stated she is against the proposed CUP.
She expressed her concern about a commercial business in a residential neighborhood.
She also stated that she is concerned for the future, could this CUP be expanded?
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Page 8'
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Len Stokes, 7109 Sian Gabriel Road, expressed his concerns of the proposed CUP. He !'
stated that he feels this CUP will negatively impact the neighborhood.
Luann Jorgenson, 81335 Del Rio Road, stated that she was appalled at the neighbors'
reaction to this proposed CUP.
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Len Stokes, 7109 Sian Gabriel Road,questioned Mr. Kunz's integrity.
Frederick Wood, 5950 Entrada, attorney, gave his rebuttal to the public's comments. l
--end PUBLIC COMMENT --
Mayor Johnson called a recess at 9:45 p.m. and called the meeting
back to order at 9:57p.m.
Mayor Johnson stated again that the current use is not in question by the Council. He
said that this issue is in front of the Council tonight because there was not
communications in the neighborhood. He asked the City Attorney to explain the legal
issues.
Mr. Hanley explained that the Council must make their decision based on information
presented at this hearing. A conditional use is not automatically permitted. If you look at
the requirements in'',the Conditional Use Ordinances and if you can make all of the
required findings,then you can approve the project. If you cannot make all the findings,
then you should disapprove the project.
Mayor Johnson asked what responsibility, if any, does the Council have relative to State
inspected issues such as facility safety, i.e. two-story building. Mr. Hanley responded that
those issues are not relevant to the Council's findings today. However,the Council
should be reviewing the aesthetic values and character of neighborhood.
Councilmember Carden asked,about potential expansion. Mr. DeCamp responded that
the size of house could be increase as there is not a limit in the City's single family zones
on the size of the dowelling unit.
Councilmember Luna asked about the possibility of building a guest house. Mr. DeCamp
responded that under the City's current ordinances and as restricted by an ordinance
adopted by the City Council in the early 1980's, we only allow one single family dwelling
per lot. Guest homes are not allowed to have cooking facilities and they have to share the
septic system and utility connections with the main house.
Councilmember Clay asked if the Council can put an age limit on this permit. Mr.
Hanley responded, no. The State has that authority.
Councilmember Luna stated he wanted to clarified the confusion regarding the emergency
access. He explained that it has to do with reflex time. If it takes them longer to get out
0 of your driveway,then that will affect their reflex time to their next call. Councilmember
Luna stated that he'cannot vote for this proposed CUP without the requirement of a
turnaround on the driveway of this project.
CC 10/28/97
Page 9
Councilmember Carden expressed his indecision on this issue. He stated he is aware of
the need of this type of facility but is concerned with the General Plan conformance.
r
Councilmember Clay stated that we need these kind of homes in Atascadero. He is
concerned about the turnaround but feels that issue can be addressed. He stated he is in
favor of this project.
Councilmember Lerno expressed that he's aware of the need for these facilities,but is
concerned about the zone change and its conditions.
Mayor Johnson expressed his frustration that the Applicant and the neighbors have not
gotten together before now,thereby leaving this issue up to the Council. He stated that he
feels the driveway seems to be the main problem with the neighbors. If this home had its
own driveway this issue would not be on the Council's agenda. He listed width of
driveway,trash, and the turn-around as issues that need to be mitigated before he could
support this CUP.
Councilmember Luna suggested that they look at the Conditions of Approval and see if
they can agree.
The Council then reviewed the Conditions of Approval.
The majority of the Council agreed to the following: Under#1 the number of persons
should be 15 instead of 14. Under#4 language is to be added that would require a septic
system evaluation prior to finaling the permit to ensure that whatever additions are
being made inside are covered by the septic tank evaluation.
The Council then reviewed Resolution 99-97. They discussed adding the widening of the
driveway, creating a paved turnaround and trash control to the Conditions of Approval.
Council asked additional questions of staff and discussion ensued.
The majority of the Council decided to add a condition that states, "The Applicant shall
provide a driveway that is 16 feet across with Z foot shoulders." They also decided to
add a condition that states, "an improved Fire Department paved turn-around as
approved by the Fire Marshall shall be provided."
MOTION: By Councilmember Luna and seconded by Councilmember
Clay to approve Resolution No. 99-97 with the revised
Conditions of Approval in Attachment G of the Planning
Commission Staff Report of 9/16/97.
Motion passed 4.1 by a roll-call vote. (Lerno opposed)
MOTION: By Councilmember Luna and seconded by Councilmember
Clay to extend the Council meeting past 11:00 p.m.
Motion passed unanimously.
CC 10/28/97
Page 10
2. Sewer Extension Reimbursement Agreement: Chauplin Ave. -Fiscal Impact:
$944.20 potential revenue from all properties connected (Staff recommendation:
Adopt Resolution No. 95-97)
Brady Cherry gave;the staff report. Councilmember Luna asked if all the appropriate
people notified. Nor. Cherry responded,yes.
PUBLIC COMMENT
Bob Pinkin, 5805 Chauplin, stated that he built his home in 1984 to City's standards. He
expressed his disagreement with this agreement. He said that his septic system works
fine and if he decided to sell his home,this agreement would create a large financial
expense for him.
Joan O'Keefe, 9985 Old Morro Road East, questioned if this sewer line is already in? Mr.
Cherry responded,yes.
-end PUBLIC COMMENT—
MOTION: By Councilmember Carden and seconded by Councilmember
Lerno to adopt Resolution No. 95-97.
Motion passed 5:0 by a roll-call vote.
• C. MANAGEMENT REPORTS:
1. Revision to the Contract with the Economic Vitality Corporation (EVC)to Provide
Economic Development Services -No Fiscal Impact (Staff recommen-dation:
Adopt Resolution No. 91-97)
Wade McKinney gave a brief staff report. There were no questions or comments from
the Council.
PUBLIC COMMENT -None.
Councilmember Luna asked when the City was going to get the report from the EVC.
Roy Hanley responded that the report is overdue but he is unaware of when the EVC will
make a presentation. Mayor Johnson asked staff to connect with the EVC and find out
when the City can expect a report. Steve DeCamp stated that he had expected Gregg
Goodwin to be here tonight.
Mayor Johnson asked that we ask for a written report and request that Gregg Goodwin
appear at the next Council meeting.
MOTION:', Councilmember Lerno and seconded by Councilmember Clay
to adopt Resolution No. 91-97.
Motion passed 5:0 by a roll-call vote.
CC 10/28/97
Page 1 1
2. Public Employees Retirement System(PERS) Contract Amendment Adding the
Fourth Level of the 1959 Survivor Benefit for Safety Members -Nd Fiscal Impact
(Staff recommendation: (A)Adopt Resolution No. 96-97; (B)Motion to waive
reading of proposed Ordinance No. 336 in full and introduce on first reading by
title only; (C)Authorize Mayor to execute agreement for pool survivor benefits)
Wade McKinney gave the staff report. There were no questions or comments from the
Council.
PUBLIC COMMENT -None.
MOTION: By Councilmember Carden and seconded by Councilmember
Clay to Adopt Resolution No. 96-97, adopt Ordinance No. 336
waiving reading in full and introducing it on first reading by "
title only, and authorize the Mayor to execute an Agreement to
Pool 1959 Survivor Benefits Assets and Liabilities.
Motion passed 5:0 by a roll-call vote.
3. Stadium Park Public Use Policies-No Fiscal Impact (Parks&Recreation
Commission/Staff recommendation: Adopt Resolution No. 92-97)
Brady Cherry gave the staff report. Council discussion ensued. Councilmember Luna
stated that Stadium Park is an important acquisition that the City has made. However, if
we are going to use it as it was intended, we need a plan. Until we develop a plan, we .
need to be very careful about its use. Mayor Johnson stated that there are also liability
issues on this item.
PUBLIC COMMENT
Eric Greening, 7365 Valle (corrections of his prepared statement,page 190 of Council
agenda, explained by Councilmember Luna) The second paragraph, fourth line from the
bottom,the sentence that starts with"Competition" should read, "Competition with
thirsty introduced grasses, and acorn and seedling loss caused by increases these grasses
have supported in the rodent population..."
Marjorie Mackey, 5504 Tunitas Ave., stated that ALPS has gotten two small grants,
$750.00 and$1400.00. They are planning on paying for the survey of the boundaries.
Howard Gaylord, 8940 Curbaril, read his letter into the record about his concerns with
Stadium Park.
Joan O'Keefe, 9985 Old Morro Road East, asked about the emergency access and the
City's liability. She also suggested that the Fire Department notify ANTA two months in
advance of when they need the seedling protection so that ANTA can schedule for it.
Captain Peter Gaw, Fire Department, stressed that a secondary exit is necessary for fire
protection.
CC 10/28/97
Page 12
Michael Pierce, 7155 Valle, asked for a copy of Resolution No. 92-97.
--end PUBLIC COMMENT—
The Council agreed to amend#6 of Resolution No. 92-97 to read, "Only authorized and
emergency vehicles are allowed in Stadium Park." They also added to #7, "However,
THERE IS AN ABUNDANCE OF POISON OAK,SO PLEASE BE CAREFUL!
MOTION:'' By Councilmember Luna and seconded.by Councilmember
Carden to adopt Resolution No. 92-97 with the following
amendments:
#6 to read,"Only authorized and emergency vehicles are
allowed in Stadium Park."
#7 to have the following text added, "However,THERE IS AN,
ABUNDANCE OF POISON OAK, SO PLEASE BE
CAREFUL!
Motion passed 5:0 by a roll-call vote.
4. Public, Education and Government(PEG)Access on Cable Television-No Fiscal
Impact (Staff recommendation: Take no action at this time)
Wade McKinney gave the staff report.
PUBLIC COMMENT -None.
There was Council consensus to take no action at this time.
5. Information Bulletin:
A. River Gardens- Atascadero Creek Drainage
B. R.EC. Program-Teen After-School Recreation Program
C. Employee Update
There were no Council questions or comments on any of the items listed in the
Information Bulletin.
D. ATTORNgY REPORTS
1. Ordinance No. 335,Amendment to Nighttime Curfew Regulations -No Fiscal
Impact (City Attorney recommendation: Waive the reading of Ord. 335 in full and
introduce for first reading by title only)
Roy Hanley gave the report. Councilmember Luna asked what made the curfew
ordinance unconstitutional. Mr. Hanley responded that there were two things: 1) It was
decided that minor$have legitimate first amendment rights, and 2)This amendment
prevents the parents from, for example, requiring their minor children to go out at.2:00
a.m. to fill their proscriptions at a 24-hour drug store.
CC 10/28/97
Page 13
1
PUBLIC COMMENT -None.
MOTION: By Councilmember Carden and seconded by Councilmember
Luna to Adopt Ordinance No.335,waive the reading in full
and introduce for first reading by title only.
Motion passed 5:0 by a roll-call vote.
2. Procedure for Handling Citizen and Other Complaints Regarding City Personnel,
Practices and Procedures -No Fiscal Impact (City Attorney recommendation:
Maintain current complaint procedure provided for by the Municipal Code)
Roy Hanley gave the report. There was no Council questions or,comments.
PUBLIC COMMENT-None.
There was Council consensus to take no action on this item at this time.
E. COMMITTEE REPORTS
S.L.O. County Mayors Group
Mayor Johnson reported that at the last meeting they discussed the fact that if there are
issues the Seven Cities would like the State Legislature to review, then the Joint City
Council's Meeting should be held in January 1998. If not,then it was agreed that the Joint
City Council's Meeting should be held in March 1998, after El Nino to discuss dealing
with the Federal agencies.
Also, Mayor Johnson reported that the Mayors Group discussed the issue of PG&E settling
with the County and the School District on a one-time settlement. Councilmember Carden
stepped down due to a conflict of interest as he is employed by PG&E. Mayor Johnson
continued that The Mayors Group has recommended that the Seven Cities send a letter to
Supervisor Brackett saying that the Seven Cities want to come to the table during these
negotiations. Mayor Johnson asked for consensus from the Council to allow him to sign
such a letter. The Mayors Group will be meeting again in November 1997.
There was Council consensus to have the Mayor sign a letter addressed to Supervisor
B?ackett asking that the Seven Cities be included in the negotiations with PG&E.
S.L.O. Council of Governments
Councilmember Carden reported that SLOCOG will be meeting in December 1997 where
they will be discussing projects with limited or no activity and the possibility of re
directing funds. Atascadero has a few items on that list. Councilmember Carden
expressed his concern that if the projects in Atascadero do not show progress or good
reason, we will probably lose the funds. Brady Cherry will review the list of projects and
make sure they are proceeding.
CC 10/28/97
Page 14
City Schools Committee
Wade McKinney reported that he met with Dr. Dodds and they are developing an agenda
for an upcoming meeting but have not scheduled a date at this time.
North County Council
The Mayors and Managers will meet and put together an agenda before the Council meets.
F. INDI"DI JAL DETERMINATION AND/OR ACTION:
City Council
Councilmember Luna reported that CalTrans is removing 200-400 trees for the Highway,
41 re-alignment. He heard that CalTrans is planning on mitigating the tree removal by
planting replacement trees on the east side of the Salinas River. Councilmember Luna'
stated that he thinks that is outrageous and the Council should make them change their
plans. ANTA finds receiver sites and does tree mitigation. He expressed his desire to have
them do the tree mitigation instead of leaving it up to CalTrans, especially since they insist
on putting the trees on the east side of the Salinas River.
Councilmember Clay stated that he was not sure if CalTrans planned on putting all the
trees on the east side of the Salinas River. He explained that CalTrans was told to contact
ANTA.
Councilmember Luna stated that he thinks this situation is kind of like the Cuesta College
g
issue. If you leaveit up to these jurisdictions to do their own thing, and we are not forceful
and political with them, I think we end up getting screwed.
Mayor Johnson asked staff to follow up on where CalTrans is planning on placing the
trees.
Councilmember Clay stated that he is concerned about the interchange, before it is
completed, that the old bridge be kept in place until this interchange is completed.
Councilmember Carden announced that SLOCOG has a project study report on that
interchange. It looks like that interchange and the Highway 41 re-alignment will happen
very closely together.
City Clerk
Marcia Torgerson,(City Clerk, announced to the Council that there is a Joint Cities
Council Meeting scheduled for January 22, 1998 but, as Mayor Johnson stated earlier,
that could be changed. I will confirm the date with you in November 1997.
CC 10/28/97
Page 15
G. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 11:50 p.m. Since the November 11,
1997 meeting has been cancelled due to Veterans'Day,Mayor Johnson adjourned to
Regular Session on November 25, 1997.
Mayor Johnson announced that the Council would now go back to the Closed Session
that was continued prior to this meeting.
CLOSED SESSION
Mayor Johnson adjourned the Closed Session at 12:00 p.m. and Roy Hanley, City Attorney
announced that, in reference to#3 Anticipated litigation,Don Brimage v. Ci1y of
Atascadero,the Council denied permission to file a late claim.
RECORDED AND PREPARED BY:
Marcia M.Torgerson, City Clerk
CC 10/28/97
Page 16
ITEM NUMBER: A-2
DATE:_11/25/97
11/25/97
Ig
City Treasurer s Agenda Report
Rudy Hernandez
Treasurer's Report- October 1997
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the October 1997
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 263,646
Certificates of Deposit 1,027,776
LAIF 6,671,167
Cash with Fisca I Agents 314,059
Cash in Banks at October 31, 1997 $ 81276,648
Deposits in Transit 11,605
Outstanding Checks (189,864)
Cash md Investments at October 31, 1997 $ $,098,389
FISCAL IMPAC
None
PREPARED BY: Finance Department,Rachelle Rickard,Accountant
R
Page 1 of 5
CITY OF ATASCADERO
TREASURER'S REPORT •
CASH&INVESTMENT ACTIVITYSUMMARY
FOR THE MONTH OF OCTOBER 1997(UNAUDITED)
CHECMNG FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
October 1, 1997 $ 430,889 $ 8,114,881 $ 509,052 $ 9,054,822
Receipts 564,951 104,062 2,346' 671,359
Disbursements (1,252,194) (197,339) (1,449,533)
Transfers In 520,000 520,000
Transfers Out (520,000) (520,000)
Balance per Banks at
October 31, 1997 $ 263,646 $ 7,698,943 $ 314,059 8,276,648
Deposits in Transit 11,605
Outstanding Checks (189,864)
Adjusted Treasurer's Balance $ 8,098,389
CITY OF ATASCADERO
U Y HERNAND
ity Treasurer
Page 2 of 5
CITY OFATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS BY FUND
OCTOBER 1997
RESERVED UNRESERVED
CASH(I) CASH(2) TOTALS
POOLED CASH
General Fund $ 1,639,669
Gas Tax Fund 165,238
Development Fee Fund 1,196
Community Development Block Grant (30,531)
Police Development Fees Fund (2,309)
Fire Development Fees Fund 33,915
Parks&Rec Development Fees Fund 24,491
Drainage Development Fees Fund 241,332
Amapoa-Tecorida Fees Fund 121,250
Public Works Development Fees Fund 559,537
Street Maintenance Districts Fund 50,601
TDA Non-Transit Fund 198,714
Sidewalk Fund 45,342
Capital Projects Fund 229,880
Camino Real Construction Fund 31,099
Dial-A-Ride Fund 85,467
Wastewater Operations Fund 1,690,015
Sewer Facilities Fund 2,474,934
Assessment District#3 5,337
Assessment District#4 41,568
Assessment District#5 653
Camino Real Debt Service Fund 48,881
92 Street Improvement Assessment Fund 49,414
Assessment District#7 (4,173)
Assessment District#8 647
Assessment District#9 57,692
Assessment District#10 (528)
89 COP Debt Service Fund 963
Tree Plant Fund 24,041
Tree Association Fund (5)
Total Pooled Cash $ 490,175 $ 7,294,155 $ 7,784,330
CASH WITH FISCAL AGE1V�
Wastewater Operations Fund 55,787
Camino Real Debt Service Fund 206,104 -
• 92 Street Improvement Assessment Fund 51,535
89 COP Debt Service Fund 633
Total Cash with Fiscal Agent $ 314,059 $ - 314,059
Total of All Cash $ 8,098,389
Page 3 of 5
CITY OF ATASCADERO
TREASURER'S REPORT
SCHEDULE OF CERTIFICATES OFDEPOS_IT
OCTOBER 1997
PURCHASE MATURITY YIELD YTD
BANK DATE DATE RATE AMOUNT INTEREST
Santa Lucia Bank 6/19/97 12/19/97 5.00% $ 36,776.00 $ 922.33
Atascadero
Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ ' 3,704.25
Atascadero
Great Western Bank 6/28/97 12/28/97 4.98% $ 100,000.00 $ 4,588.48
Atascadero
Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 4,245.65
Templeton
First Bank&Trust 7/26/97 2/28/98 5.48% $ 99,000.00 $ 4,169.80
Santa Maria
Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 3,408.35
Atascadero
Los Padres Savings 8/12/97 2/8/98 5.22% $ 99,000.00 $ 6,242.98
Santa Maria
Wells Fargo Bank 8/22/97 2/22/98 4.50% $ 99,000.00 $ 3,799.12
San Luis Obispo
First Bank of SLO 8/19/97 2/19/98 5.40% $ 99,000.00 $ 3,954.56
San Luis Obispo
West America Bank 8/23/97 2/23/98 5.00% $ 99,000.00 $ 4,137.38
San Luis Obispo
Santa Barbara Bank& 9/6/97 3/6/98 5.24% $ 99,000.00 $ 4,128.03
Trust-Santa Maria
TOTAL $ 1,027,776.00 $ 43,300.93 •
Page 5 of 5
CITY OFATASCADERO
TREASURER'S REPORT
TIME DEPOSITS, CERTIFICATES OF DEPOSIT,
SAVINGS AND LOCAL AGENCYINVESTMENT FUND
OCTOBER 1997
INVESTMENT INTEREST
AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ - $ 1,609 (6)
Orange County Investment Pool' - 51,206 (6)
Local Agency Investment Fund(3) 6,671,167 269,106 ' I
Certificates of Deposit(see attached schedule) 1,027,776 43,301
i
TOTAL $ 7,698,943 365,222
Mid State Interest Received 13,459
TOTAL INTEREST RECEIVED $ 378,681 (5)
0 Notes:
(1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note
(TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on
June 25, 1998. The total''repayment($1,200,000+ $53,850) is $1,253,850.
(4) October 1997 interest yields were as follows:
Orange County Not available
LAIF 5.71%
Mid-State 2.43%
(5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued
but not received. Also not included above are interest amounts earned in Fiscal Agent or County
accounts, which are used for bond retirement purposes. Furthermore, with the exception of the
Orange County Investment Pool, interest earnings are reported on a calendar year basis.
(6) On December 6, 1994, '';Orange County filed a Chapter 9 bankruptcy with the courts. The City
recognized a loss of$1,1155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting
to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received
above is post-petition interest for the period from December 1, 1994 through July 20, 1995.
Page 4 of 5
ITEM NUMBER: A-3
DATE: 11/25/97
19 8 197
tAD�
City Mana er's Agenda Report
Wade G. McKinney
OCTOBER 1997 AUDITED ACCOUNTS PAYABLE & PAYROLL
RECOMMENDA ION
Approve certified Ci accounts payable,payroll and payroll vendor checks for October, 1997.
DISCUSSION
Attached for City Council review and approval are the following:
a roll
Period End 09,26/97 Ck. #32218-32361 $ 141,600.26
Period End 10110/97 Ck. # 32391-32546 $ 125,152.89
Period End 10124/971 Ck.# 32569-32728 $ 121,190.19
S ec'al Par 11
None Ck. # $ -
Payroll Vendors
Dated 10/03/9 Ck. #32369-32387 $ 46,882.08
Dated 10/08/9 Ck. #32388-32390 $ 5,583.19
Dated 10/17/9 Ck. #32547-32568 $ 44,242.00
Dated 10/31/9 7 Ck. #32729-32742 $ 40,588.83
Dated 10/31/9 7 Ck. #32743-32750 $ 34,998.46
Accounts Payble
Dated October 1-31, 1997 Ck. #59669-59985 $ 304,646.07
Ck.#EFT05-EFT07' $ 71,564.18
TOTAL AMOUNT $ 936,448.15
')00001
City Manager's Agenda Report
October Audited Bills and Payroll
Page Two
FISCAL IMPACT
Total expenditures for all funds is $936,448.15.
CERTIFICATION
The undersigned certifies that the;attached demands have been released for payment and that funds
are available for these demands.
Dated:November 7, 1997
Rachelle Rickard,Accountant
Approved by the City Council at a meeting held November 25, 1997. .
Marcia M.Torgerson, City Clerk
ATTACHMENT: October1997 Warrant Register in the amount of $ 376,210.25
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ITEM NUMBER: A-4
DATE: 11/25/97
am ■ pi
iais �e
City Manag 's Agenda Report
Wade G. McKin ey
l'Camino Real Bikeway Improvements
RECOMMENDATION:
Council accept the co pleted El Camino Real Bikeway improvements and authorize the
Finance Department to release $27,016.57 to Madonna Construction Company, Inc. (the
$42,126.19 project retention less $15,109.62 in liquidated damages).
DISCUSSION:
Resolution No. 27-97 authorized the execution of an agreement with Madonna Construction
Company, Inc. to conAruct the El Camino Real bikeway improvements from El Bordo
Avenue to San AnseIrno Avenue. The project was completed on September 2, 1997. The
work was found to be n substantial conformance with the plans approved by the City
Engineer.
The contractor is being assessed liquidated damages for the project in an amount equal to the
actual cost incurred by the City for construction engineering beyond the contract completion
date of July 31, 1997. The contractor completed the project 33 calendar days after the date
specified in their contract.
FISCAL IMPAC
The fiscal impact is $27,016.57 which is the $42,126.19 project retention less the $15,109.62
in liquidated damages. The El Camino Real Bikeway Project was previously budgeted.
The following table sunmarizes the total fiscal impact of the El Camino Real Bikeway
prof ect.
PROJECT RENUES
Transit Develop nent Act funds, non-transit $ 28,000
Proposition 116 funds,SLOCOG Project ID #BK-09 $ 375,000
Urban State Hi way Account funds, SLOCOG Project ID #BK-09 $ 20,020
Regional State I lighway Account funds, SLOCOG Project ID #BK- $ 30,000
09 _.
Regional State Highway Account funds, Transfer from Traffic Way $ 14,438
Bikeway Project, SLOCOG Project ID #BK-30
Regional State Highway Account funds, SLOCOG Project ID $ 83,230
#TEMP-175
TOTAL REVENUE $ 550,688
PROJECT EXPENDITURES
Planning, scoping, funding applications $4,213
Environmental analysis, community meetings,permits $5,055
Right-of-way(consent of landowners,easements) $4,634
Plans, specifications,estimates $42,126
Utility relocation
$11,941
Construction cost $421,262
Construction engineering $65,009
Soils testing $3,918
Liquidated damages ($15,110)
TOTAL EXPENDITURES $543,048
ALTERNATIVES:
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Attachment A - Notice of Completion
XACORREM94155WCCEPT.RPT
W0012
RECORDING REQUESTED BY:
(and when recorded, mail to:)
City Clerk
CITY OF ATASCADERO
6500 Palma Avenue
Atascadero, CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby givers pursuant to Civil Code Section 3093:
1. The undersigned is corporate officer for the City of Atascadero, owner of property
hereinafter described.
2. The full name of the owner is the City of Atascadero.
3. The full address of lithe owner is: 6500 Palma Avenue, Atascadero, CA 93422
4. The nature of the interest of the owner is in fee.
5. A work of improvement on the property hereinafter described was completed on
September 2, 1997.
6. The work done was construction of bikelane improvements along EI Camino Real from EI
Bordo Avenue to San Anselmo Avenue including but not limited to A.C. paving, P.C.C.
curb, gutter and sidewalk, traffic striping and pavement marking.
7. The name of the contractor who performed such work of improvement was
Madonna Construction Company, Inc. The date contract was entered into was June 9, 1997.
8. The property on which said work of improvement was completed was in the City of
Atascadero, County of San Luis Obispo, State of California, and is described as follows:
Repair of a damaged sewer main across Atascadero Creek at Curbaril Avenue.
9. The street address of said property is: Not Applicable
Dated:
Wade G. McKinney, City Manager
City of Atascadero
VERIFICATION
I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I have read said
Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on at the City of Atascadero, California.
Wade G. McKinney, City Manager
City of Atascadero
')00013
ITEM NUMBER: A-5
egft DATE:
11/25/97
man , A "
,A��ERo j
City Manager's Agenda Report
Wade G. McKinney
Surfac Transportation Program Funding Applications
RECOMMENDA ION:
Approve the Surface Transportation Funding applications submitted by staff to the San Luis
Obispo Council of Governments for the next 6-year funding cycle.
DISCUSSION:
Staff has submitted f i iding applications to the San Luis Obispo Council of Governments
(SLOCOG) for the ne t 6-year Surface Transportation Program (STP) funding cycle (FY 97/98
to FY 02/03). Typical applications for both Urban and Regional SHA funds are attached to
this report for reference.
Staff has applied for both urban area allocation and regional State Highway Account (SHA)
funds. The City's ur an area allocation of SHA funds is expected to be $688,896. Of that
amount, $110,000 has been programed into this year's City budget for storm damage repair
projects and the State Route 41/Atascadero Avenue Storm Drain Project. The remaining
amount ($578,896) ca i be used for any transportation related project within the City which is
consistent with Article XIX of the State Constitution.
Candidate projects for Regional SHA funds are screened and prioritized by SLOCOG based on
regional factors whicb include hazard elimination, inter-connectivity with other transportation
facilities or modes, a ility to improve air quality, congestion relief, cost effectiveness, and
funding contribution t y the local jurisdiction.
The following table summarizes the projects for which staff has submitted funding
applications:
Project Year Description Funding Amount
Source
Santa Barbara Road 00/01 Prepare PSR for the El Camino Real/Santa RSHA' $20,000
PSR` Barbara Road intersection USHA' $6,000
LTF4 $4,000
`:)U0014
Page 2 of 3
STP Funding Applications
Report to Council
Meeting Date 11/25/97
Curbaril Avenue PSR 98/99 Prepare PSR for the El Camino Real/Curbaril RSHA $40,000
Avenue intersection and State Route 101 USHA $12,000
overcrossing LTF $8,000
Santa Rosa Road PSR 01/02 Prepare PSR for the El Camino Real/Santa RSHA $40,000
Rosa Road intersection and State Route 101 USHA $12,000
overcrossing LTF $8,000
Traffic Way PSR 01/02 Prepare PSR for the El Camino Real/Traffic RSHA $50,000
way intersection and State Route 101 USHA $15,000
undercrossing LTF $10,000
El Camino Real 98/99 Extend the bikeway improvements from San RSHA $111,900
Bikeway,Phase 2 Anselmo Avenue to Del Rio Road -USHA $15,000
LTF $13,000'
Traffic Way Bikeway, 99/00 Extend the bikeway improvements,from San RSHA $277,400
Phase 2 Jacinto Avenue to Potrero Avenue USHA $42,900
LTF $26,500
Atascadero Mall 98/99 Overlay Atascadero Mall from Atascadero USHA $139,000
Overlay Avenue to El Camino Real
P rt la Road 97/98 Supplement existing$150,000 currently USHA $229,300
Rehabilitation budgeted to extend the limits of the project
El Camino Real Slurry 99/00 Slurry seal and restripe El Camino Real from USHA $115,400
Seat Curbaril Avenue to Morro Road to extend
pavement life
TOTAL FUNDING REQUESTED5 $1,125,900
`PSR= Project Study Report. Reports are required for larger projects prior to SLOCOG allocating funds. The
findings in the reports will facilitate the programming of construction funds during the next STP
funding cycle. The intersection/overcrossing improvement projects are identified in the Circulation
Element and are required to maintain a Level of Service C at build-out (2010).
'RSHA = Regional State Highway Account funds (the City-competes with other jurisdictions for these funds)
'USHA =Urban State Highway Account funds (automatically allocated to the City, no competition)
'LTF =Local transportation funds (public works fees, gas tax funds, Transit Development Act funds, etc)
NOTAL FUNDING REQUESTED does not include LTF funds
FISCAL IMPACT:
The fiscal impact of the staff time required to scope the various projects, prepare detailed cost
estimates, coordinate with SLOCOG staff and complete the funding applications is estimated
to be approximately$4,500. The FY97/98 budget includes $5,000 for the preparation of
funding applications and the updating of the Capital Improvement Program.
)00015
Page 3 of 3
STP Funding Applications
Report to Council
Meeting Date 11/25/97
ALTERNATIVES:
1. Do not submit funding applications. Would reduce or eliminate the City's ability to
obtain funding for the projects which are eligible for regional funds. May affect the
ability of the City to obtain regional funds in the future. Would not affect the Urban Area
SHA fund amount, but may affect when the funds would be available to the City within
the 6-year funding cycle.
2. Revise the list ofprojects for which funding is requested. A memorandum was circulated
on October 7, 1997 soliciting input on the applications to be submitted. The list of
projects for which applications were submitted reflect the input received. To be
considered eligible, funding applications must be approved by the City on or before
December 3, 1997. A special meeting of the Council may be required to meet the
deadline if the funding applications are significantly changed.
RESPONSIBLE DEPARTMENT:
Community p Services Department
ATTACHMENTS:
Attachment A - Typical Regional State Highway Account funding application
Attachment B - Typical Urban State Highway Account funding application
XAC0RRES\96127\APPLICAT.RPT
')00016
� Attachment A
. kJ � STP Funding Applications
SAN LUIS OBISPO Report to Council
COUNCIL OF GOVERNMENTS Meeting Date 11/25/
Surface Transportation Program p g Funding Application
Program Years 98/99 - 02/03
A. jurisdiction: City of Atascadero
B. Contact Person: John B. Neil, Assistant City Engineer
C. Project Name: EI Camino Bikeway, Phase 2
D. Project Description: Construct Class II Bikelanes from San Anselmo Avenue (east) to Del
Rio Road.
E. Type of Funding Requested (check one):
✓ Regional SHA/STP Urban (local) SHA/STP
F. Project Funding Summary - Fill in the project totals. (Note: see Attachment A for funding
limits and constraints):
Amount Requested $111,900 Total Project Cost $139,900
(see the attached detailed estimate)
Project Schedule and Funding Summary (numEiers;nthousands>
Project Category Previously Programmed(1) Local Commitment(2) Request(3)
Source Amount Year Source Amount Year Source Amount Year
><:::>:>s::<:;;•::::::::>::>:<:<>:::::>:.::»::::><:>::
Planning/Scoping
Environmental Analysis USHA 0.2 98/99 RSHA 1.6 98/99
Preliminary Engineering USHA 1,0 98/99 RSHA 8.2 98/99
77
Construction Engineering USHA 1.3 98/99,X.is RSHA 12.5 98/99
99/00
Construction USHA 12 98/99, RSHA 85.5 98/99
LTF> 13.0 g9/00
Right of Way USHA Q 5 98/99 RSHA 4.1 98/99
Other
Sub Total 0.0 28.0 111.9
Total Project Cost 139.9
1.Previously Programmed — all non-local funds that have been previously programmed on this project leg.TCI,USHA,Prop 116,etc)if applicable.
2.Local Commitment — all local funds that have been committed for this project(eg.LTF,General Fund,etc).
3.Request— Regional or Urban SHA Funding that is being requested as part of this application.
'900017
SLOCOG SHA/STP A lik—on,City of Atascadero, EI Camino Real Bit- , Phase 2 Pae 2 of 4
•G. Milestones - Fill out the milestone section below (assuming the project is funded within the
FY 98/99 to 02/03 period):
Re. ..... ...:..::::.:::.:.:.:
.::::::: . .:.:...............:Staff:;::::::::.:::::.:::::::.tr. a
...... ..::::::.: .....
:<: <:: s
.....
;:.;>:.:;.;;:<.;::.;::.:.;;....... ;:;:;:;;: :.::.:..:.... ......flat .................. .
1. Prepare P.S. & E., right-pf--way, evironmental 98/99 06/98 12/98
2. Advertise for bid 98/99 01/99 02/99
3. Award contract 98/99 03/99 03/99
4. Issue notice to proceed 98/99 04/99 04/99~
5. Construction 98/99, 99/00 04/99 07/99
6. Council acceptance, release retention 99/00 08/99 08/99
7.
8.
9.
10.
Project Scoping Documentation - -List and attach relevant protect scoping docum ntation.
(Note: A Project Scoping Document is required for all significant projects; a Project Study
Report (PSR) meeting,Caltrans requirements is required for all major Highway Projects, per
State Law):
I. Project Map - Attach vicinity map and project map which clearly depicts project limits and
other relevant project information:
J. Priority - Designate if more than one application has been submitted:
The EI Camino Real Bikeway has the fourth highest priority of the projects for which the
City is requesting Regional State Highway Account funds.
K. Threshold Requirements - Describe how the project meets the threshold requirements
listed below (See application Guidelines):
1. For STP funds, describe consistency with section 133 of ISTEA (see attachment B):
2.
For SHA funds, describe consistency with Article XIX of the State Constitution: II
The project will be used for the design and construction of improvements to public
streets and the;related public facilities for non-motorized traffic and is therefor
consistent with Article XIX of the State Constitution.
')o0G 18
SLOCOG SHA/STP Appi...iion,City of Atascadero, EI Camino Real Bn_-;vay, Phase 2
Page 3 of 4
3. Describe this project's consistency with Local adopted plans:
Per the adopted Circulation Element,the El Camino Real bike route is the highest
priority bike route in the City as it serves the primary commercial corridor, provides
access to various schools and other trip generators, and serves CalTrans' park-and-
ride facilities.
4. Describe this project's consistency with the Regional Transportation Plan:
The EI Camino Real bike route meets the goals of the RTP by providing a safe-and
efficient segment of the regional bikeway system that promotes bicycling as a
means to decrease auto-dependency, air and noise pollution, and traffic congestion.
5. List expected date of local government board approval (must be approved by
December 3, 1997):
City staff will recommend approval of the funding applications to the City Council
at their November 11, 1997 meeting.
6. Describe total time frame for project completion (If funds are expected to be
expended beyond 24 months of scheduled start explain):
The project could be completed within two years after receipt of funding.
7. Identify the project's functional classification (if applicable) and if the project is on
the designated Federal Aid System:
The project is not on the designated Federal Aid System. EI Camino Real is
designated a Major Arterial in the City's adopted Circulation Element. The ultimate
design for EI Camino Real includes Class 11 bikelanes.
L. Priority Criteria - For Regional Projects Only, address the following priority criteria (See
,Attachment A; additional supporting material is encouraged):
1. Describe how the project addresses a safety/security problem (15 Pts):
The construction of bikelanes along EI Camino Real will increase the safety of both
local and through cyclist by providing dedicated Class II bikelanes which will help
separate the bicyclist from motor vehicles.
2. Describe the demonstrated need for the project (15 Pts):
f)00C19
• SLOCOG SHA/STP Applf :ion, City of Atascadero, EI Camino Real Bt. vay, Phase 2 Page4 of 4
Completion of this relatively level segment of the bikeway system will connect the
downtown area with the commercial developments to the north. It will complete a
1.3 mile link nn the regional bikeway system.
3. Describe how the project addresses a multimodal need (15 Pts):
The EI Camino Real bike route addresses a multimodel need by providing Class II
bicycle lanes which will promote bicycling as an alternate means of transportation
thereby decreasing auto-dependency.
4. Describe how,,the project mitigates a congestion/air quality problem (15 Pts):
The EI Camino Real bike route mitigates a congestion/air quality problem by
promoting bicycling thereby decreasing auto-dependency, air and noise pollution,
and traffic congestion.
5. Describe the cost effectiveness of the project (15 Pts):
Approximately 1.3 miles will be added to the regional bikeway system with the
construction Of this project most of which can be accomplished by re-striping the
pavement and installing bicycle pavement markings, signs and posts. Refer to the
attached detailed estimate for the project.
6. Describe how the project will provide an equitable distribution of funding 05 Pts):
By its very nature, the City of Atascadero has a very limited ability to apply for
regional funding either now or in the future. Nearly all of the 140 miles of City
maintained road serve local destinations only. Any regional funding secured by the
City now will,'' in the long run, be more than offset by other jurisdictions which
possess a roadway system of a more regional nature.
7. Describe what local funding contribution is being provided (Describe and
differentiate between in-kind services, staff time commitments, and local funding
contributions):
The proposed Vocal funding source for the project will be either development
impact fees orla portion of the City's urban area allocation of State Highway
Account fundsl.
�:UBNU612AtTMECRBIKE.REG
'�0
EL CAMINO REAL BIKEWAY PROJECT
SAN ANSELMO (EAST) TO DEL RIO ROAD
ENGINEER'S ESTIMATE AS TO PROBABLE COST
Item Item Unit of Estimated Unit Total
No. Description Measure Quantity Price Price
(figures) (figures)
1 Clearing and Grubbing LS 1 $15,000.00 $15,000.00
2 Roadway Excavation CY 1,000 $15.00 $15,000.00
2 Asphalt Concrete TON 120 $45.00 $5,400.00
3 Aggregate Base, Class II TON 900 $25.00 $22,500.00
4 Remove Existing Striping LF 6,750 $0.70 $4,725.00
5 Paint CL traffic stripe, LF 5,662 $0.50 $2,831.00
Detail 21, (two coat)
6 Paint 6" Bike Lane stripe, LF 13,366 $0.25 $3,341.50
Detail 39, (two coat)
7 Paint 4" Right Edge stripe, LF 3,262 $0.20 $652.40
Detail 27B, (two coat)
8 Paint 4" Lane Stripe, LF 3,849 $0.25 $962.25
Detail 8, (two coat)
9 Paint Pavement Markings EA 29 $45.00 $1,305.00
(two coat)
10 Sign Posts EA 6 $170.00 $1,020.00
11 R81 Sign Panel (12"x8") EA 6 $70.00 $420.00
12 R81 A Sign Panel (12"x5") EA 1 $42.00 $42.00
13 R81 B Sign Panel (12"x5") EA 1 $42.00 $42.00
14 Relocate Sign and Post EA 10 $100.00 $1,000.00
15 Relocate Fire Hydrant EA 61 400.00
$ $8,400.00
16 Adjust Valve Box EA 6 $200.00 $1,200.00
r�
i
17 Reconstruct'Water Service EA 15 $550.00 $8,250.00
Assembly
SUBTOTAL $92,091 .15
20% CONTINGENCY $18,418.23
10% PLANS, SPECIFICATIONS, ENGINEERING $9,209.12
15% CONSTRUCTION ENGINEERING $13,813.67
5% RIGHT OF WAY $4,604.56
(easements, consent of land owners)
2% ENVIRONMENTAL $1,841.82
TOTAL $139,978.55
XACORRES\9612 TECR.E01
•
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VICINITY MAP EL CAMINO REAL BIKEWAY
SAN ANSELMO TO DEL RIO RD.
0 500' 1000' 2000' CITY OF ATASCADERO, CA.
COUNTY OF SAN LUIS OBISPO
SCALE: 1"=1000'
DATUM= 1929 NGVD DATE= OCTOBER 14', '1997
Attachment B
• STP Funding Applications
5 Report to Council
SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS Meeting Date 11/25/97
Surface Transportation Program Funding Application
Program Years 98/99 - 02/03
A. jurisdiction: City of Atascadero
B. Contact Person: John B. Neil, Assistant City Engineer
C. Project Name: Portola Road Rehabilitation Project
D. Project Description: Rehabilitate Portola Road including base repair, leveling courses,
overlay, pavement reinforcing fabric, underdrains, shoulder
widening and traffic striping from Ardilla Road to San Marcos Road
E. Type of Funding Requested (check one):
Regional SHA/5TP ✓ Urban (local) SHA/STP
F. Project Funding Summary- Fill in the project totals. (Note: see Attachment A for funding
limits and constraints):
Amount Requested $ 229 300 Total Project Cost 379 300
q 1 $ ,
(see the attached detailed estimate)
Project Schedule and Funding Summary (numbers in thousands)
Project Category Previously Programmed(1) Local Commitment(2) Request(3)
Source Amount Year Source Amount Year Source Amount Year
:: .. ..: ::::: : :: : . ...:: :::: ::::: : : .....: .: :.
...................................... .... ......................:
.::::.::.::::.:::::::::::::::::.::::::.
: :
: : : :: : .:....:..;.:
Planning/Scoping
Environmental Analysis
Preliminary Engineering LTF 27.1 97/98
Construction Engineering LTF 40.6 97/98
Construction LTF 68.8 97/98 USHA 229.3 98/99
Right of Way LTF 13.5 97/98
Other
Sub Total 150.0 0.0 229.3
Total Project Cost 379.3
1.Previously Programmed — all non-local funds that have been previously programmed on this project(eg.TCI,USHA,Prop 116,etc)if applicable.
2.Local Commitment — all local funds that have been committed for this project(eg.LTF,General Fund,etc). _
3.Request — Regional or Urban SHA,Funding that is being requested as part of this application.
"?0€ '-
SLOCOG SHA/STP Apr tion City of Atascadero, Portola Road Re`.uoilitation ___Page 2 of 4
G. Milestones - Fill out the milestone section below (assuming the project is funded within the
FY 98/99 to 02/03 period):
«:::;:>:;:>:>:i:i».:.::>:.::::..::;>:.::::>..::;i::».;i:>.;:::.::::i>>..;:::.::;:>>.::::..:>::.:::>>.;::<.:.::>:;.:«::<.:::>;.
.:...:..4
;.:......io.
........:....t....:................
...+.....:.:..:.:.::.::i.:::;...::..:.:.:..i:..'.::.:.::.:..:...::.:::.:..:.:::..::..:::::.:i:..::.::.::<....:::.:.:.:.>....:...::..::...:t..::.•:.:.:.:-..:>..::...>:..::.;.:.:•::t.......:.•..:...:...:.•..:...:.•.:%.::..:...:..:...._.:�•
.:::i£::i::i ?:R?:;:: :
: : : » ::.::::.::>v::p
1. Prepare P.S. & E., right-of-way, environmental 97/98 06/97 12/97
2. Advertise for bid 97/98 01/98 02/98
3. Award contract 97/98 03/98 03/98
4. Issue notice to proceed 97/98 04/98 04/98
5. Construction 97/98, 98/99 04/98 07/98
6. Council acceptance, release retention 98/99 08/98 08/98
7.
8.
9.
10.
H. Project Scoping Documentation - List and attach relevant project scoping documentation.
(Note: A Project Scoping Document is required for all significant projects; a Project Study
Report (PSR) meeting Caltrans requirements is required for all major Highway Projects, per
State Law):
I. Project Map - Attach vicinity map and project map which clearly depicts project limits and
other relevant project information:
J. Priority - Designate if more than one application has been submitted:
The Portola Road Rehabilitation project has the highest priority of the projects for which
the City is requesting Urban State Highway Account funds.
K. Threshold Requirements Describe how the project meets the threshold requirements
listed below (See application Guidelines):
1. For STP funds, describe consistency with section 133 of ISTEA (see attachment B):
2. For SHA funds, describe consistency with Article XIX of the State Constitution:
The project will be used for the design and construction of improvements to public
streets and is therefor consistent with Article XIX of the State Constitution.
SLOCOG SHA/STP Ap. 'ation,City of Atascadero, Portola Road RL..nilitation Page 3 of 4
3. Describe this project's consistency with Local adopted plans:
The project is identified in the City's FY 97/98 budget and the 5-year Capital
Improvement Program.
4. Describe this project's consistency with the Regional Transportation Plan:
The Portola Road rehabilitation project will construct the improvements required to
meet the RTP goal of improving major local streets and roads to provide a safe,
efficient, convenient and reliable movement of people'and commodities. -
5. List expected date of local government board approval (must be approved by
December 3, 1997):
City staff will recommend approval of the funding applications to the City Council
at their November 11, 1997 meeting.
6. Describe totaltime frame for project completion (If funds are expected to be
expended beyond 24 months of scheduled start explain):
The project could be completed within two years after receipt of funding.
7. Identify the project's functional classification (if applicable) and if the project is on
the designated Federal Aid System:
The project is not on the designated Federal Aid System. Portola Road is designated
a collector in the City's adopted Circulation Element.
L. Priority Criteria - For; Regional Projects Only, address the following priority criteria (See
Attachment A; additional supporting material is encouraged):
1. Describe how:!the project addresses a safety/security problem (15 Pts):
2. Describe the demonstrated need for the project (15 Pts):
3. Describe howl the project addresses a multimodal need (15 Pts):
4. Describe how;the project mitigates a congestion/air quality problem (15 Pts):
900026
SLOCOG SHMSTP AC-ration,City of Atascadero, Portola Road k ..bilitation Page 4 of 4
5. Describe the cost effectiveness of the project (15 Pts):
6. Describe how the project will provide an equitable distribution of funding (15 Pts):
7. Describe what local funding contribution is being provided (Describe and
differentiate between in-kind services, staff time commitments, and local funding
contributions):
N:\JBN\96127\RTP\PORTOLA.URB
PORTOLA ROAD RECONSTRUCTION PROJECT
ARDILLA ROAD TO SAN MARCOS AVENUE
ENGINEER'S ESTIMATE AS TO PROBABLE COST
Item Item Unit of Estimated Unit Total
No. Description Measure Quantity Price Price
(figures) (figures)
1 Clearing and Grubbing LS 1 $7,500.00 $7,500.00
2 Asphalt Concrete, Type B TON 2,300 $42.00 $96,600.00
3 Asphalt Concrete, Type B TON 700 $60.00 $42,000.00
(Leveling Course)
4 Pavement Reinforcing SY 16,000 $1.15 $18,400.00
Fabric
5 Aggregate Base, Class 2 TON 2,000 $13.00 $26,000.00
6 Roadway Excavation CY 1,000 $10.00 $10,000.00
7 UnderdrainLF 2,400 $20.00 $48,000.00
8 Relocate Sign and Post EA 15 $100.00 $1,500.00
9 Relocate Fire Hydrant EA 4 $2,500.00 $10,000.00
10 Adjust Valve Box EA 30 $200.00 $6,000.00
11 Traffic Stripe, LF 6,000 $0.60 $3,600.00
Detail 21 (two coat)
12 Pavement Marking EA 7 $45.00 $315.00
(two coat)
13 Reconstruct Water Service EA 2 $500.00 $1,000.00
Assembly
SUBTOTAL $270,915.00
10% CONTINGENCY $27,091.50
10% PLANS, SPECIFICATIONS, ENGINEERING $27,091.50
15% CONSTRUCTION ENGINEERING $40,637.25
5% RIGHT-OF-WAY 1 $13,545.75
X:\CORREs\9612 TPORT.E01 F$379,281.00]
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VICINITY MAP PORTOLA ROAD REHABILITATION
ARDILLA TO SAN MARCOS
0 500' 1000' 2000' CITY OF ATASCADERO, CA.
COUNTY OF SAN LUIS OBISPO
SCALE: I"=1000'
DATUM. 1929 NGVD DATE. OCTOBER 14, 1997
1
E
ITEM NUMBER: A-6
DATE:_ 11/25/97
R 8 8•IB { '
19 l
City Man ger's Agenda Report
Wade G. McK nney
Purchase of 17 Passenger Accessible Bus through State
Department of General Services
RECOMMENDATION:
Staff recommends: Council adopt Resolution No. 101-97 authorizing the State Department of
General Services to prirchase a 17 passenger accessible bus for the City of Atascadero.
DISCUSSION:
Background:
Eachear the State o California Department of General Services solicits bids for a wide variety
Y p
of equipment, materials and services. Other governmental agencies are provided with the results
of these bids and allowed to purchase these goods through the state for a service fee of 1% of the
purchase price, to a maximum of$5,000.
Considerable staff tirrre is saved by eliminating the need to prepare specifications, advertise bids
and evaluate results. On average, the City of Atascadero purchases one transit vehicle per year.
Based upon previous purchases., the cost offered by the state is very competitive.
FISCAL IMPAC
The total cost of the I ius, including state service fee.and sales tax is$41,733.Funds in the amount
of$50,000 are available in the Community Services Department—Dial-A-Ride 1997/98 Budget.
These funds are the result of an UMTA Section 18 Matching Fund Grant, which was covers 80%,
or$40,000,ofthe procurement costs for this vehicle. The remaining 10%, or$10,000, is funded
with Transportation Development Act funds.
After delivery, the vehicle will receive a new radio, farebox and custom painting. The total cost
of the vehicle at that I ime will remain within the$50,000 budget.
I
i
-900030
ITEM NUMBER: A-6
DATE: 11/25/97
ALTERNATIVES.
Alternative#1 Council may choose not to adopt Resolution No. 101-97 and direct staff to
prepare bid documents and advertise for bids.
Advantages: Potential for receiving lower bid.
Disadvantages: Considerable staff time would be needed to accomplish this task.
Alternative#2 Council may choose not to adopt Resolution No. 101-97 and not approve the
purchase of a transit vehicle at this time.
Advantages- Cost savings of$10,000 of Transit Development Funds.
Disadvantages: Any cost savings experienced would not be available to the transit system for
other uses. Aging vehicles must be replaced on a regular basis to provide safe,
reliable transit service.
RESPONSIBLE DEPARTMENT: Community Services Department
ATTACHMENTS: Resolution No. 101-097
900031
RESOLUTION NO. 101-97
RESOLUTION OF THE COUNcm OF THE CITY OF ATASCADERO
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE
STATF OF CALIFORNIA TO PURCHASE CERTAIN ITEMS
Be it resolved that the City Council of the City of ktascadero does hereby authorize the
Procurement Division,Department of General Services of the State of California, to
purchase one current 17 passenger wheelchair accessible transit vehicle for and on behalf
of the City of Atascadero pursuant to Section 10324 of the California Public Contract
Code, and that Brady Cherry,Director of Community Services, is hereby directed to sign
and deliver all necessary requests and other documents in connection therewith for and
on behalf of the,City of Atascadero.
I hereby certify that the foregoing is a true and cogrect copy of the resolution duly and
regularly adopted'by the City Council of the City of Atascadero at a meeting thereof held
on the 25'h day of November, 1997, and that the same now appears of record in my
office.
On motion by Councilmember , and seconded by Councilmember ,the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By
MARCIA M. TOWERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLE
City Attorney
':100032
i
ITEM NUMBER: A-7
' DATE: 11/25/97
s 1979
City Manager's Agenda Report
Wade G. McKinney
Report on Construction Agreements for
Pal ma Creek Park Flood Damage Restoration;
Atascadero Lake Outlet Diversion Dike;
Atascadero Creek Pipe Line Repairs
RECOMMENDATION:
Staff recommends Council authorize the City Manager to execute three separate
Agreements with -Jay Excavating, Inc., for flood control and repair projects.
DISCUSSION:
Background: The flooding during January of 1995 caused considerable damage to
Paloma Creek Park and undermined the Atascadero Lake feeder line located in ,
Atascadero Creek. Staff requested and was granted funds from FEMA to complete
repairs on these two projects.
There was also flooding below Atascadero Lake as some water escaped the
spillway channel. s a protective measure, staff is installing a dike on the east side
of the Atascadero ake spillway which will provide additional protection for
overflow water fro the Lake into Atascadero Creek.
FISCAL IMPACT:
The Atascadero Lae Outlet Protection Project will cost $19,975.50 and will be
funded by an existi g allocation in the General Fund Drainage Account. The Paloma
Creek Park Flood Damage Restoration Project will cost $13,000 and is funded by a
FEMA Grant. The Atascadero Creek Pipeline Repair Project will cost $21 ,000 and
is also funded by FMA.
RESPONSIBLE DEP RTMENT: Department of Community Services
')00033
CONSTRUCTION AGREEMENT
ATASCADERO CREEK PIPE LINE REPAIRS
THIS AGREEMENT is made and entered into in the City of Atascadero,
County of San Luis Obispo, State of California, as of the last date of its
execution, by and between the City of Atascadero hereinafter referred to as
"City and
A-JAY EXCAVATING, INC.
hereinafter referred to as "Contractor":
WITNESSESETH
WHEREAS, the City Engineer of City has determined that certain
rehabilitation of City facilities is required to restore an acceptable level of service
to these facilities, and
WHEREAS, the City Engineer of City has determined that Contractor is
qualified to do the work, having the technical ability, experience, equipment and
tools required to satisfactorily complete the work in a timely manner, and
WHEREAS, Contractor has carefully examined the site of the work and
the project Specifications, and is satisfied as to the conditions to be encountered
and the quality of work to be performed and materials to be furnished
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. CONTRACTOR AGREES:
(a) To do the work and furnish. all the labor, materials, tools,
equipment, and insurance required to perform the work in
accordance with the provisions of this Agreement, the Standard
Specifications and Drawings of the City of Atascadero and the
State of California Department of Transportation Standard
Specifications and Standard Plans, latest editions.
This Agreement consists of the Construction Agreement, the
project Bid Proposal, the project Plans, the project Technical
Specifications, the project Contractors Licensing Statement,
and the project Worker's Compensation Insurance Certificate.
(b) To perform the work contemplated hereby in a good and
workmanlike manner to the satisfaction of the City Engineer.
ATASCADERO CREEK PIPE LINE REPAIRS Page 1 of 15
CONSTRUCTION AGREEMENT
')00031
(c) To;indemnify and save harmless the City, its officers, employees,
authorized agents from any and all claims, actions, losses,
da'mages, or costs, including all costs of defense thereof, caused
byj arising out of, or in any way connected directly or indirectly with
performance of the work or by or in consequence of any
negligence in guarding the same, or by or on account of any act or
omission of Contractor or his agents, and to carry Contractor's
liability insurance for this purpose as set out herein. Upon demand
Contractor shall, at his own expense, defend City, its officers,
authorized agents and the design engineer against all such
liabilities, claims, demands, actions, losses, damages, or costs.
(d) To comply with all federal, state, county, and municipal laws, rules
and regulations which may be applicable to the work herein
contracted for, whether now in existence or hereinafter adopted.
(e) TO: do the work contemplated hereby and to furnish all labor,
materials, tools and equipment therefor, for the unit prices shown
in the project Bid Sheet.
2. PAYMENTS - Progressive payments will be made from an approximate
estimate bf the value of the work done during the month prepared by the
City Engineer between the 20th and the 25th day of each month. Ninety
percent (90%) of the monthly estimate will be paid on or before the 10th
day of the following month.
Final payment will be made at the completion of the work from an
estimate of the value of the total work done. Ninety percent (90%) of the
final estimate will be paid on or before the 10th day of the following
month.
Retained amount shall be due and payable thirty-five (35) days after a
Notice of Completion is recorded by the City.
3. COMMENCEMENT of the work shall occur as soon as possible after
receiving the signed Agreement from the City.
4. INSURANCE certificates shall be filed with the City Engineer.
(a) Contractor shall acquire and maintain in full force and effect, during
the term of this Agreement, worker's compensation insurance as
provided by the laws of the State of California, to cover all
employees furnished by Contractor to perform the work referred to
in this Agreement.
ATASCADERO''CREEK PIPE LINE REPAIRS Page 2 of 15
CONSTRUCTION AGREEMENT
(b) Contractor shall acquire and maintain in full force and effect, during
the term of this Agreement, public liability insurance as shall
protect Contractor and any subcontractor performing work covered
by this Agreement from any and all claims for bodily injury,
sickness and disease, including death therefrom, and for property
damage, which may arise out of the operations or performance
under this Agreement, whether such operations are that of
Contractor, any subcontractor, or anyone directly or indirectly
employed by either or all of them. The amount of such public
liability insurance required shall be as follows:
Each person (injury or accidental death)..............$500,000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence)....................$500,000
In lieu of the policy limits set forth above, Contractor may acquire
and maintain a combined single limit (CSL) type policy providing
minimum limits of liability to the extent of $1,000,000, protecting
Contractor as the result of any one or all occurrences because of
bodily injury, sickness and disease, including death therefrom, and
property damage sustained by any one or all persons which may
arise out of the operations or performance under this Agreement.
Contractor's public liability insurance policy shall contain
contractual liability provisions verifying that the insurance coverage
is extended or endorsed to cover the liability assumed by
Contractor under the terms of this Agreement, and shall contain
cancellation provisions verifying that coverage may not be
cancelled nor the amount of the coverage reduced until at least
thirty (30) days written notice is given to the City Engineer of the
intent to cancel or to reduce the limits of coverage.
(c) Contractor shall maintain automobile public liability and property
damage insurance for protection against all claims arising from the
use of his vehicles, rented vehicles, or any other vehicles in the
prosecution of the work under this Agreement. Such insurance
shall cover the use of vehicles on and off the site of the work. The
minimum amounts of automobile public liability and property
damage insurance shall be:
Each person (injury or accidental death)..............$500,000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence).....................$500,000
ATASCADERO CREEK PIPE LINE REPAIRS Page 3 of 15
CONSTRUCTION AGREEMENT
')CUf33'v
5. LICENSING OF CONTRACTOR- Before submitting bids, Contractor shall
be licensed in accordance with the provisions of Section 7000 through
7145, inclusive, of the Business and Professions Code of the State of
California, and any Contractor not so licensed is subject to the penalties
imposed by such laws.
6. PREVAILING WAGES - Contractor is hereby notified that, pursuant to
Section 11770, et. seq. of the Labor Code of the State of California, the
Director Of Industrial Relations of the State of California has ascertained
the general prevailing rate of hourly wages and rates for legal holidays
and overtime work in the locality where this work is to be performed for
each craft or type of worker or mechanic needed to execute the
Agreement which will be awarded to the successful Bidder. Prevailing
Wage Rates are on file in the office of the City Clerk. The City attempts
to keep up-to-date rate schedules but cannot guarantee that these rates
are accurate. An up-to-date rate schedule can be obtained by contacting
the Department of Industrial Relations, Division of Labor Statistics and
Research, 455 Golden Gate Avenue, 5th Floor, Room 5184, San
Francisco, CA 94102.
Contractor shall comply with the provisions of Labor Code Section 1775.
In accordlance with said Section 1775, Contractor shall forfeit, as a
penalty to the City, Twenty-Five Dollars ($25.00) for each calendar day,
or portion thereof, for each worker paid less than the stipulated prevailing
rate for such work or craft in which such worker is employed for any public
work done under the Agreement by him or by any subcontractor under
him. In addition to said penalty, Contractor shall pay to each worker the
difference between the stipulated prevailing wage rate and the amount
paid to each worker for each calendar day, or portion thereof, for which
each worker was paid less than the stipulated prevailing wage rate.
Contractor may pay compensation to workers in excess of the prevailing
wage rate as determined above; however, such payments shall not be the
basis for Jany claim for additional compensation to Contractor by the City.
The possibility of wage increases is one of the elements to be considered
by Contractor in determining his bid, and will not under any circumstances
be considered as the basis for any claim for additional compensation to
Contractor by the City.
The City Engineer will require submittal of certified payrolls from
Contractor when, in his opinion, they are needed to verify that Contractor
is in compliance with the State Labor Code or when needed to confirm the
cost of work being done or the cost of proposed changes on the project.
The payrolls shall be on a form and at a frequency as required by the City
Engineer.
ATASCADERO'CREEK PIPE LINE REPAIRS Page 4 of 15
CONSTRUCTION AGREEMENT
100037
7. PUBLIC CONVENIENCE AND SAFETY - Contractor shall so conduct his
operations as to cause the least possible inconvenience to the general
public and the residents of the vicinity.
Contractor shall furnish, erect, and maintain such fences, barriers, lights,
and signs as are necessary to give adequate warning to the public at all
times that work is in progress and of any dangerous conditions to be
encountered as a result thereof, and he shall also erect and maintain
such warning signs as may be required by the City Engineer.
8. PRESERVATION OF PROPERTY - Contractor shall conduct his
operations in such a manner as to avoid injury or damage to property and
improvements or facilities on or adjacent to the site of the Work. If such
objects are injured or damaged by reason of Contractor's operations, they
shall be replaced or restored at Contractor's expense.
9. CITY ORDINANCES - Contractor shall observe all ordinances relating to
the obstruction of streets or fire hydrants, the transportation of materials,
the maintenance of signals and passageways, and all laws relating to City
improvements. Contractor shall notify the Chief of the Fire Department
designating any avenue, street, or alley that is closed to travel due to the
construction work. Contractor shall again notify the Fire Chief when said
avenue, street, or alley is restored and safe for travel.
10. EXISTING PUBLIC UTILITIES - Contractor shall maintain in continuous
service all sewers, irrigation or drain ditches, flumes, pipes, and other
water courses which he may encounter during the prosecution of the
Work, and in no case interfere with, divert, or obstruct the flow of water in
any such courses without first securing permission from the owner.
Contractor shall maintain continuous service of utilities to all residents
and businesses. Should any damage to a utility occur, Contractor shall
notify the owner of the utility at once and render every assistance
possible to repair the damage and restore the service. No extra
compensation will be made for the repair of any service or utility damaged
by Contractor nor for any damage incurred through neglect or failure to
provide adequate protection to existing utilities. The utility companies
may bill Contractor for damages to their facilities caused by Contractor's
operations.
11. OBSTRUCTIONS - The City does not guarantee the accuracy or
completeness of any data shown on the project Plans relative to the
locations, sizes, dimensions, depths, and character of pipes, conduits,
poles, or any other structures or utilities located above ground or
underground.
ATASCADERO CREEK PIPE LINE REPAIRS Page 5 of 15
CONSTRUCTION AGREEMENT
100038
i
Existing land subdivision monuments and stakes shall be fully protected
from damage or displacement, and they shall not be disturbed unless
directed by the City Engineer. Full compensation for conforming to the
requirements of this section shall be considered as included in the prices
paid for the various items of work, and no additional compensation will be
made therefore.
12. COMPLIANCE WITH STATE AND FEDERAL HEALTH AND SAFETY
REQUIREMENTS - Contractor shall have in force a Hazard
Communication Program and a Safety Program which meet all Local,
State and Federal requirements for such programs.
All construction equipment used to prosecute the Work and all equipment
furnished and installed under this Agreement shall meet all requirements
of the State of California Division of Industrial Safety.
' I
If any provision of this Agreement is declared by a court of law to be illegal or
unenforceable, then, notwithstanding, this Agreement shall remain in full force
and effect, exclusive of the illegal or unenforceable provision.
I
i
ATASCADERO CREEK PIPE LINE REPAIRS Page 6 of 15
CONSTRUCTION AGREEMENT
IN WITNESS WHEREOF, the City Manager of the City of Atascadero has
authorized the execution of this Agreement in duplicate by the City Engineer and
attestation by the City Clerk on the day of , 1997, and
Contractor has caused this Agreement to be duly executed.
CITY: CONTRACTOR:
City of Atascadero
By: By:
Wade G. McKinney,
City Manager
Attest:
Marcia M. Torgerson
City Clerk
Approved as to content: Approved as to form:
Brady D. Cherry, Roy A. Hanley,
Community Services Director City Attorney
ATASCADERO CREEK PIPE LINE REPAIRS Page 7 of 15
CONSTRUCTION AGREEMENT
�00010 -
TECHNICAL SPECIFICATIONS
ATASCADERO CREEK PIPE LINE REPAIRS
Page
SECTION 11.011 - INTRODUCTION ....................................................................9
SECTION 11.02 - MOBILIZATION........................................................................9
SECTION 11.031 - CLEARING AND GRUBBING..................................................9
SECTION 11.04 - PIPELINE PROTECTION.......................................................10
ATASCADERO''CREEK PIPE LINE REPAIRS Page 8 of 15
CONSTRUCTION AGREEMENT
SECTION 11.01 INTRODUCTION
Contractor shall furnish all materials, labor, tools, equipment, water, light, power,
test, transportation, supervision, temporary construction of any nature and all
works and test necessary or incidental in any nature whatsoever to completely
construct the improvements shown on the plans entitled "ATASCADERO
CREEK PIPE LINE REPAIRS PROJECT", in conformance with the terms of the
project Construction Agreement, the project Technical Specifications and as
directed by the City Engineer.
The work to be done in constructing the ATASCADERO CREEK PIPE LINE - -
REPAIRS PROJECT includes, but is not limited to: maintaining traffic; clearing
and grubbing; earthwork; saw cutting; furnishing, placing and compacting
asphalt concrete and aggregate base; furnishing and placing geosynthetic
reinforcement; furnish and placing backdrains; together with other
miscellaneous work as set forth in the project Plans, the project Construction
Agreement, and the project Technical Specifications.
Full compensation for work shown on the project Plans which is not specifically
identified on the project Bid Sheet of this Construction Agreement shall be
considered as included in the contract price paid for the various items of work
identified on the project Bid Sheet and no additional compensation shall be
allowed therefor.
SECTION 11.02 MOBILIZATION
11.02.01 DESCRIPTION -The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required for mobilization in conformance with the provisions of Section 11
"Mobilization" of the Standard Specifications, the project Construction
Agreement and the project Technical Specifications.
11.02.02 PAYMENT - Full compensation for mobilization and for conforming to
all provisions of the Standard Specifications, the Standard Plans, the project
Construction Agreement, the project Plans, the project Technical Specifications
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the items of work identified on the project Bid Sheet
and no additional compensation shall be allowed therefor.
SECTION 11.03 CLEARING AND GRUBBING
11.03.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools and equipment required for
clearing and grubbing in conformance with the provisions of Section 16
ATASCADERO CREEK PIPE LINE REPAIRS Page 9 of 15
CONSTRUCTION AGREEMENT
1)UUUi1Z
"Clearing and Grubbing" of the Standard Specifications and these special
provisions and specifications.
11.03.02 PAYMENT - Full compensation for removing or preserving existing
highway facilities and for conforming to all provisions of the Standard
Specifications, the Standard Plans, the project Construction Agreement, the
project Plans, the project Technical Specifications and to the requirements of the
City Engineer shall be considered to be included in the contract price paid for
the various items of work identified on the project Bid Sheet and no additional
compensation shall be allowed therefor.
SECTION 11.04 PIPELINE PROTECTION
11.04.01 DESCRIPTION -The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required to repair pipeline at twin bridge by realigning pipe and install new
concrete collar. Grade swale for proper water flow to endlet. Back fill around
pipeline and compact. Import rip rap from city/stockpile for 3 locations and
install approximately 60 tons of rock to fill area across from San Gabriel.
Additional repairs by others.
11.04.02 PROTECTION AND SUPPORT - All earthwork shall bep rotected and
supported as required for safety in the manner set forth in the operation rules,
orders and regulations prescribed by the Division of Industrial Safety of the State
of California.
Excavations and trenches shall be properly sheeted, braced, and/or sloped to
support adjacent earth banks, structures, construction materials and equipment,
and to provide safe working conditions in accordance with all applicable Federal,
State, and local I,safety regulations. No trench, pit, or other excavation shall
remain open longer than is necessary to expeditiously carry out the work. All
trenches shall be backfilled and compacted as specified in this section up to a
level no greater(than two (2) feet below the ground or paved surface at the end
of each day for safety of the public. A 4:1 back-up shall be provided at locations
where there is a 1 foot or greater drop within 4 feet of the edge of traveled way.
Shoring, sheeting, and bracing shall be designed, installed, and arranged by
Contractor so as not to place any stress on portions of the completed work.
Shoring, sheeting, and bracing shall be removed as backfilling proceeds without
damage to structures, roadways, or adjacent improvements. The cost of any
damage shall bd borne by Contractor.
Shoring and sheeting in pipe trenches shall be maintained in place until the pipe
has been placed and backfilled at the pipe zone. It shall be removed in a
ATASCADERO GREEK PIPE LINE REPAIRS Page 10 of 15
CONSTRUCTION AGREEMENT
')00013
manner that will not damage the pipe or permit voids in the backfill. Wood
sheeting may be cut off at the top of the pipe zone so that backfill support will
not be harmed.
11.04.03 EXISTING UNDERGROUND IMPROVEMENTS - Contractor's
attention is directed to the possible existence of pipes and other underground
improvements which may or may not be shown on the project Plans. Contractor
shall preserve and protect any such improvements. Where it is necessary to
remove and replace or to relocate such improvements in order to prosecute the
work, they shall be removed, maintained in operation and permanently replaced
by Contractor at his expense.
11.04.04 TESTING - Contractor shall make all necessary excavations for
compaction tests as directed by the City Engineer. Contractor shall refill and re-
compact excavations required for testing to the densities specified on the project
Plans. Contractor shall provide shoring or other safety measures as required for
testing.
All soils designated to be compacted shall obtain the minimum relative
compaction percentages indicated on the project Plans and the project Technical
Specifications as determined by ASTM D-1557-70, method C; D-2922-71; and/or
D3017-72. The appropriate test to be used shall be left to the discretion of the
soils engineer.
11.04.05 MEASUREMENT -There shall be no separate measurement made for
earthwork including measurements for back fill, imported borrow, compaction,
embankment construction.
11.04.06 PAYMENT - Full compensation for finishing roadway and for
conforming to all provisions of the Standard Specifications, the Standard Plans,
the Contract Agreement, the project Plans, the project Technical Specifications,
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the various items of work identified on the project Bid
Sheet and no additional compensation shall be allowed therefor.
ATASCADERO CREEK PIPE LINE REPAIRS Page 11 of 15
CONSTRUCTION AGREEMENT
')()OC,1 4
BID SHEET
PROJECT: CITY OF ATASCADERO
CREEK PIPE LINE REPAIRS PROJECT
DATE: November 12, 1997
NAME OF BIDDER: A-Jay Excavating, Inc.
BUSINESS ADDRESS: P.O. Box 554
Atascadero, CA 93423
TELEPHONE: (805) 466-0300
RESIDENCE N/A
ADDRESS: N/A
TELEPHONE: (805) 466-0300
TO: CITY COUNCIL
CITY OF ATASCADERO
The undersigned declares that he has carefully examined the location of the
proposed work, that he has examined the project Project Plans and project
Specifications arid read the accompanying instructions, and hereby proposes to
furnish all materials, machinery, tools, labor and services, and do all the work
necessary to complete the project in accordance with said Project Plans,
Specifications, and the Construction Agreement for the unit prices shown on the
project Bid Sheet.
The undersigned declares that he has read and acknowledges the following:
Bids are required for the entire work. Incidental items of work shall be
incorporated int6 the most appropriate unit price contract item and no additional
compensation shall be made therefor. The total of unit basis items will be
determined by multiplying the unit price bid by the estimated quantity set forth for
the item.
The Bidder shall set forth for each item of work, in clearly legible figures, a unit
price and a total for the item in the respective spaces provided for this purpose.
In the case of the unit basis items, the amount set forth under the "Total" column
shall be the multiplication of the unit price bid by the estimated quantity of the
item.
In case of discrepancy between the unit price and the total set forth for the item,
the unit price shall prevail; provided, however, if the amount set forth as a unit
price is ambiguous, unintelligible, or uncertain for any reason, or is omitted, or in
ATASCADERO CREEK PIPE LINE REPAIRS Page 12 of 15
CONSTRUCTION AGREEMENT
)000-115
the case of unit basis items, is the same amount as the entry in the "Total"
column, then the amount set forth in the Total column for the item shall prevail
in accordance with the following:
1. As to lump sum items, the amount set forth in the "Total" column shall be
the unit price.
2. As to unit basis items, the amount set forth in the "Total" column shall be
divided by the estimated quantity for the item and the price thus obtained
shall be the unit price.
The City reserves the right to reject all bids.
BASE BID
ITEM ITEM UNIT OF ESTIMATE UNIT PRICE TOTAL PRICE
NO. DESCRIPTION MEASUR D (figures) (figures)
E QUANTITY
1. Repair Pipeline LS 1 $21,000.00 $21,000.00
BASE BID, SUM OF TOTAL PRICE COLUMN $21,000.00
Contractor shall comply with the requirements of Division 5, Part I, of the State
Labor Code, and specifically with Sections 6705 and 6707 thereof. Contractor
shall submit for approval a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection for all areas to be
excavated to a depth of five feet or more. If the plan varies from the shoring
system standards, the plan shall be prepared by a registered civil or structural
engineer.
Contractor to whom the Construction Agreement is awarded shall submit a
statement each month certifying that it is in conformance with the City's
Affirmative Action Program.
The following Contractor's Licensing Statement, shall be filled out, signed, and
submitted by each Bidder and shall be part of the Construction Agreement.
ATASCADERO CREEK PIPE LINE REPAIRS Page 13 of 15
CONSTRUCTION AGREEMENT
W00-1116
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of
California providing for the registration of Contractors.
Contractor's License Classification and Number
Name of Individual Contractor (print or type)
Business Address
Business Telephone
or
Name of Firm:
Business Address
Business Telephone
Signature, Title, and Address of members signing on behalf of partnership:
Name Title
Address
Name Title
Address
Name Title
Address
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
Signature of President of Corporation
ATASCADERO ',CREEK PIPE LINE REPAIRS Page 14 of 15
CONSTRUCTION AGREEMENT
')C004,1
WORKER'S COMPENSATION INSURANCE CERTIFICATE
Prior to execution of the Contract Agreement, the Contractor
shall execute the following form as required by Sections
1860 and 1861 of the California Labor Code :
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured
against liability for Worker' s Compensation or to
undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such
provisions before commencing the performance of the
work of this Contract .
Date
Contractor
Signature
Title
Attest :
By
Signature
Title
ATASCADERO CREEK PIPE LINE REPAIRS Page 15 of 15
CONSTRUCTION AGREEMENT
'1(}�JC•Qc�
CONSTRUCTION AGREEMENT
ATASC/ADERO LAKE OUTLET DIVERSION DIKE PROJECT
THIS AGREEMENT is made and entered into in the City of Atascadero,
County of San Luis Obispo, State of California, as of the last date of its
execution, by and between the City of Atascadero hereinafter referred to as
"City" and
A-JAY EXCAVATING, INC.
hereinafter referred to as "Contractor'.
WITNESSESETH
WHEREAS, the City Engineer of City has determined that certain
rehabilitation of City facilities is required to restore an acceptable level of service
to these facilities,',and
WHEREAS, the City Engineer of City has determined that Contractor is
qualified to do the work, having the technical ability, experience, equipment and
tools required to satisfactorily complete the work in a timely manner, and
• WHEREAS, Contractor has carefully examined the site of the work and
the project Specifications, and is satisfied as to the conditions to be encountered
and the quality of'work to be performed and materials to be furnished
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. CONTRACTOR AGREES:
(a) To do the work and furnish all the labor, materials, tools,
equipment, and insurance required to perform the work in
accordance with the provisions of this Agreement, the Standard
Specifications and Drawings of the City of Atascadero and the
State of California Department.of Transportation Standard
Specifications and Standard Plans, latest editions.
This Agreement consists of the Construction Agreement, the
project Bid Proposal, the project Plans, the project Technical
Specifications, the project Contractor's Licensing Statement,
andthe project Worker's Compensation Insurance Certificate.
(b) To perform the work contemplated hereby in a good and
workmanlike manner to the satisfaction of the City Engineer.
ATASCADERO LAKE Page 1 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
(c) To indemnify and save harmless the City, its officers, employees,
authorized agents from any and all claims, actions, losses,
damages, or costs, including all costs of defense thereof, caused
by, arising out of, or in any way connected directly or indirectly with
performance of the work or by or in consequence of any
negligence in guarding the same, or by or on account of any act or
omission of Contractor or his agents, and to carry Contractor's
liability insurance for this purpose as set out herein. Upon demand
Contractor shall, at his own expense, defend City, its officers,
authorized agents and the design engineer against all such
liabilities, claims, demands, actions, losses, damages, or costs.
(d) To comply with all federal, state, county, and municipal laws, rules
and regulations which may be applicable to the work herein
contracted for, whether now in existence or hereinafter adopted.
(e) To do the work contemplated hereby and to furnish all labor,
materials, tools and equipment therefor, for the unit prices shown
in the project Bid Sheet.
2. PAYMENTS - Progressive payments will be made from an approximate
estimate of the value of the work done during the month prepared by the
City Engineer between the 20th and the 25th day of each month. Ninety
percent (90%) of the monthly estimate will be paid on or before the 10th
day of the following month.
Final payment will be made at the completion of the work from an
estimate of the value of the total work done. Ninety percent (90%) of the
final estimate will be paid on or before the 10th day of the following
month.
Retained amount shall be due and payable thirty-five (35) days after a
Notice of Completion is recorded by the City.
3. COMMENCEMENT of the work shall occur as soon as possible after
receiving the signed Agreement from the City.
4. INSURANCE certificates shall be filed with the City Engineer.
(a) Contractor shall acquire and maintain in full force and effect, during
the term of this Agreement, worker's compensation insurance as
provided by the laws of the State of California, to cover all
employees furnished by Contractor to perform the work referred to
in this Agreement.
ATASCADERO LAKE Page 2 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')ODU�J
(b) Contractor shall acquire and maintain in full force and effect, during
thelterm of this Agreement, public liability insurance as shall
protect Contractor and any subcontractor performing work covered
by this Agreement from any and all claims for bodily injury,
sickness and disease, including death therefrom, and for property
damage, which may arise out of the operations or performance
under this Agreement, whether such operations are that of
Contractor, any subcontractor, or anyone directly or indirectly
employed by either or all of them. The amount of such public
liability insurance required shall be as follows:
Each person (injury or accidental death)..............$5001000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence)....................$500,000
In lieu of the policy limits set forth above, Contractor may acquire
and maintain a combined single limit (CSL) type policy providing
minimum limits of liability to the extent of$1,000,000, protecting
Contractor as the result of any one or all occurrences because of
bodily injury, sickness and disease, including death therefrom, and
property damage sustained by any one or all persons which may
arise out of the operations or performance under this Agreement.
Contractor's public liability insurance policy shall contain
contractual liability provisions verifying that the insurance coverage
is extended or endorsed to cover the liability assumed by
Contractor under the terms of this Agreement, and shall contain
cancellation provisions verifying that coverage may not be
cancelled nor the amount of the coverage reduced until at least
thirty (30) days written notice is given to the City Engineer of the
intent to cancel or to reduce the limits of coverage.
(c) Contractor shall maintain automobile public liability and property
damage insurance for protection against all claims arising from the
use of his vehicles, rented vehicles, or any other vehicles in the
prosecution of the work under this Agreement. Such insurance
shill) cover the use of vehicles on and off the site of the work. The
minimum amounts of automobile public liability and property
damage insurance shall be:
Each person (injury or accidental death)..............$500,000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence).....................$500,000
ATASCADERO LAKE Page 3 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')00051
5. LICENSING OF CONTRACTOR - Before submitting bids, Contractor shall
be licensed in accordance with the provisions of Section 7000 through
7145, inclusive, of the Business and Professions Code of the State of
California, and any Contractor not so licensed is subject to the penalties
imposed by such laws.
6. PREVAILING WAGES - Contractor is hereby notified that, pursuant to
Section 1770, et. seq. of the Labor Code of the State of California, the
Director of Industrial Relations of the State of California has ascertained
the general prevailing rate of hourly wages and rates for legal holidays
and overtime work in the locality where this work is to be performed for
each craft or type of worker or mechanic needed to execute the
Agreement which will be awarded to the successful Bidder. Prevailing
Wage Rates are on file in the office of the City Clerk. The City attempts
to keep up-to-date rate schedules but cannot guarantee that these rates
are accurate. An up-to-date rate schedule can be obtained by contacting
the Department of Industrial Relations, Division of Labor Statistics and
Research, 455 Golden Gate Avenue, 5th Floor, Room 5184, San
Francisco, CA 94102.
Contractor shall comply with the provisions of Labor Code Section 1775.
In accordance with said Section 1775, Contractor shall forfeit, as a
penalty to the City, Twenty-Five Dollars ($25.00) for each calendar day,
or portion thereof, for each worker paid less than the stipulated prevailing
rate for such work or craft in which such worker is employed for any public
work done under the Agreement by him or by any subcontractor under
him. In addition to said penalty, Contractor shall pay to each worker the
difference between the stipulated prevailing wage rate and the amount
paid to each worker for each calendar day, or portion thereof, for which
each worker was paid less than the stipulated prevailing wage rate.
Contractor may pay compensation to workers in excess of the prevailing
wage rate as determined above; however, such payments shall not be the
basis for any claim for additional compensation to Contractor by the City.
The possibility of wage increases is one of the elements to be considered
by Contractor in determining his bid, and will not under any circumstances
be considered as the basis for any claim for additional compensation to
Contractor by the City.
The City Engineer will require submittal of certified payrolls from
Contractor when, in his opinion, they are needed to verify that Contractor
is in compliance with the State Labor Code or when needed to confirm the
cost of work being done or the cost of proposed changes on the project.
The payrolls shall be on a form and at a frequency as required by the City
Engineer.
ATASCADERO LAKE Page 4 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
7. PUBLIC CONVENIENCE AND SAFETY - Contractor shall so conduct his
operations as to cause the least possible inconvenience to the general
public and the residents of the vicinity.
Contractor shall furnish, erect, and maintain such fences, barriers, lights,
and signs)as are necessary to give adequate warning to the public at all
times that work is in progress and of any dangerous conditions to be
encountered as a result thereof, and he shall also erect and maintain
such warning signs as may be required by the City Engineer.
8. PRESERVATION OF PROPERTY - Contractor shall conduct his
operations in such a manner as to avoid injury or damage to property and
improvements or facilities on or adjacent to the site of the Work. If such
objects are injured or damaged by reason of Contractor's operations, they
shall be replaced or restored at Contractor's expense.
9. CITY ORDINANCES - Contractor shall observe all ordinances relating to
the obstruction of streets or fire hydrants, the transportation of materials,
the maintenance of signals and passageways, and all laws relating to City
improvements. Contractor shall notify the Chief of the Fire Department
designating any avenue, street, or alley that is closed to travel due to the
construction work. Contractor shall again notify the Fire Chief when said
avenue, street, or alley is restored and safe for travel.
10. EXISTING PUBLIC UTILITIES - Contractor shall maintain in continuous
service all sewers, irrigation or drain ditches, flumes, pipes, and other
water courses which he may encounter during the prosecution of the
Work, and in no case interfere with, divert, or obstruct the flow of water in
any such courses without first securing permission from the owner.
Contractor shall maintain continuous service of utilities to all residents
and businesses. Should any damage to a utility occur, Contractor shall
notify the'iowner of the utility at once and render every assistance
possible to repair the damage and restore the service. No extra
compensation will be made for the repair of any service or utility damaged
by Contractor nor for any damage incurred through neglect or failure to
provide adequate protection to existing utilities. The utility companies
may bill Contractor for damages to their facilities caused by Contractor's
operations.
11. OBSTRUCTIONS - The City does not guarantee the accuracy or
completeness of any data shown on the project Plans relative to the
locations,'' sizes, dimensions, depths, and character of pipes, conduits,
poles, or any other structures or utilities located above ground or
underground.
ATASCADERO LAKE Page 5 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')00053
Existing land subdivision monuments and stakes shall be fully protected
from damage or displacement, and they shall not be disturbed unless
directed by the City Engineer. Full compensation for conforming to the
requirements of this section shall be considered as included in the prices
aid for the various items of work and no additional compensation ensation will be p
made therefore.
12. COMPLIANCE WITH STATE AND FEDERAL HEALTH AND SAFETY II
REQUIREMENTS - Contractor shall have in force a Hazard
Communication Program and a Safety Program which meet all Local, jl
State and Federal requirements for such programs.
All construction equipment used to prosecute the Work and all equipment
furnished and installed under this Agreement shall meet all requirements
of the State of California Division of Industrial Safety.
If any provision of this Agreement is declared by a court of law to be illegal or
unenforceable, then, notwithstanding, this Agreement shall remain in full force
and effect, exclusive of the illegal or unenforceable provision.
ATASCADERO LAKE Page 6 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
1)OUC511
IN WITNESS WHEREOF, the City Manager of the City of Atascadero has
authorized the execution of this Agreement in duplicate by the City Engineer and
attestation by the City Clerk on the day of , 1997, and
Contractor has caused this Agreement to be duly executed.
CITY: CONTRACTOR:
City of Atascadero
By: By:
Wade G. McKinney,
City Manager
Attest:
Marcia M. Torgerson
City Clerk
Approved as to content: Approved as to form:
Brady D. Cherry,' Roy A. Hanley,
Community Services Director City Attorney
ATASCADERO FAKE Page 7 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
' 00055
TECHNICAL SPECIFICATIONS
ATASCADERO CREEK PIPE LINE REPAIRS
Page
SECTION11.01 - INTRODUCTION ....................................................................9
SECTION 11.02 - MOBILIZATION........................................................................9
SECTION 11.03 - CLEARING AND GRUBBING..................................................9
SECTION 11.04 - PIPELINE PROTECTION.......................................................10
SECTION 11.05 - HYDROSEEDING/CONTROL MATTING...............................11
ATASCADERO LAKE Page 8 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')000501'
SECTION 11.01' INTRODUCTION
Contractor shall furnish all materials, labor, tools, equipment, water, light, power,
test, transportation, supervision, temporary construction of any nature and all
works and test necessary or incidental in any nature whatsoever to completely
construct the improvements shown on the plans entitled "ATASCADERO LAKE
OUTLET DIVERSION DIKE PROJECT", in conformance with the terms of the
project Construction Agreement, the project Technical Specifications and as
directed by the City Engineer.
The work to be done in constructing the ATASCADERO LAKE OUTLET
DIVERSION DIME PROJECT includes, but is not limited to: maintaining traffic;
clearing and grubbing; earthwork; saw cutting; furnishing, placing and
compacting asphalt concrete and aggregate base; furnishing and placing
geosynthetic reinforcement; furnish and placing backdrains; together with other
miscellaneous work as set forth in the project Plans, the project Construction
Agreement, and,the project Technical Specifications.
Full compensation for work shown on the project Plans which is not specifically
identified on the project Bid Sheet of this Construction Agreement shall be
considered as included in the contract price paid for the various items of work
identified on the(project Bid Sheet and no additional compensation shall be
allowed therefor.
SECTION 11.02 MOBILIZATION
11.02.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required for mobilization in conformance with the provisions of Section 11
"Mobilization" of,the Standard Specifications, the project Construction
Agreement and the project Technical Specifications.
11.02.02 PAYMENT - Full compensation for mobilization and for conforming to
all provisions of the Standard Specifications, the Standard Plans, the project
Construction Agreement, the project Plans, the project Technical Specifications
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the items of work identified on the project Bid Sheet
and no additional compensation shall be allowed therefor.
SECTION 11.03CLEARING AND GRUBBING
11.03.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools and equipment required for
ATASCADERO FAKE Page 9 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
10005'7
clearing and grubbing in conformance with the provisions of Section 16
"Clearing and Grubbing" of the Standard Specifications and these special
provisions and specifications.
11.03.02 PAYMENT - Full compensation for removing or preserving existing
highway facilities and for conforming to all provisions of the Standard
Specifications, the Standard Plans, the project Construction Agreement, the
project Plans, the project Technical Specifications and to the requirements of the
City Engineer shall be considered to be included in the contract price paid for
the various items of work identified on the project Bid Sheet and no additional
compensation shall be allowed therefor.
SECTION 11.04 PIPELINE PROTECTION
11.04.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required to construct Containment Dike along North side of existing Lake outlet
swale as per plan by North Coast Engineering. We estimated to build the dike
top 3' wider to allow us to use standard size equipment and not stray from scope
or length. We shall remove the Bridge and set in adjoining parking lot. Install
approximately 6,250 sq. ft. of 7010 Enkamat Erosion Control Matting, then
hydroseed dike, with County approved mix.
11.04.02 PROTECTION AND SUPPORT - All earthwork shall be protected and
supported as required for safety in the manner set forth in the operation rules,
orders and regulations prescribed by the Division of Industrial Safety of the State
of California.
Excavations and trenches shall be properly sheeted, braced, and/or sloped to
support adjacent earth banks, structures, construction materials and equipment,
and to provide safe working conditions in accordance with all applicable Federal,
State, and local safety regulations. No trench, pit, or other excavation shall
remain open longer than is necessary to expeditiously carry out the work. All
trenches shall be backfilled and compacted as specified in this section up to a
level no greater than two (2) feet below the ground or paved surface at the end
of each day for safety of the public. A 4:1 back-up shall be provided at locations
where there is a 1 foot or greater drop within 4 feet of the edge of traveled way.
Shoring, sheeting, and bracing shall be designed, installed, and arranged by
Contractor so as not to place any stress on portions of the completed work.
Shoring, sheeting, and bracing shall be removed as backfilling proceeds without
damage to structures, roadways, or adjacent improvements. The cost of any
damage shall be borne by Contractor.
ATASCADERO LAKE Page 10 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT ')000S8
Shoring and sheeting in pipe trenches shall be maintained in place until the pipe
has been placed and backfilled at the pipe zone. It shall be removed in a
manner that will not damage the pipe or permit voids in the backfill. Wood
sheeting may be 'cut off at the top of the pipe zone so that backfill support will
not be harmed.
11.04.03 EXISTING UNDERGROUND IMPROVEMENTS - Contractor's
attention is directed to the possible existence of pipes and other underground
improvements which may or may not be shown on the project Plans. Contractor
shall preserve and protect any such improvements. Where it is necessary to
remove and replace or to relocate such improvements in order to prosecute the_
work, they shall be removed, maintained in operation and permanently replaced
by Contractor at his expense.
11.04.04 TESTING - Contractor shall make all necessary excavations for
compaction tests''as directed by the City Engineer. Contractor shall refill and re-
compact excavations required for testing to the densities specified on the project
Plans. Contractor shall provide shoring or other safety measures as required for
testing.
All soils designated to be compacted shall obtain the minimum relative
compaction percentages indicated on the project Plans and the project Technical
Specifications as,determined by ASTM D-1557-70, method C; D-2922-71; and/or
D3017-72. The appropriate test to be used shall be left to the discretion of the
soils engineer.
11.04.05 MEASUREMENT - There shall be no separate measurement made for
earthwork including measurements for back fill, imported borrow, compaction,
embankment construction.
11.04.06 PAYMENT - Full compensation for finishing roadway and for
conforming to all provisions of the Standard Specifications, the Standard Plans,
the Contract Agreement, the project Plans, the project Technical Specifications,
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the various items of work identified on the project Bid
Sheet and no additional compensation shall be allowed therefor.
SECTION 11.05 HYDRO-SEEDING/CONTROL MATTING
11.05.01 DESCRIPTION -The work covered by this section consists of
Contractor providing all labor, material, tools and equipment required for the
hydro-seeding of all cut slopes, fill slopes and all other areas disturbed by
Contractor's operations in conformance with the Section 20-3.04B "Hydro-
seeding" of the Standard Specifications. In addition, Contractor shall install
approximately 6,250 sq. ft. of 7010 Enkamat Erosion Control Matting.
ATASCADERO LAKE Page 11 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
`)00069
11.05.02 MATERIALS - The hydro-seed mixture shall conform to the following:
MIXTURE RATE PURITY GERMINATION
COMPONENT Ibs/acre
California Poppy 2 95 75
Lupen Suculentus 4 99 75
Atriplex Semibaccata 8 95 75
Festuca Megalura 12 85 80
Nemophila Menziesii 3 95 75
wood fibre 2000 N/A N/A
Ecology Control M-binder 120 N/A N/A
11.05.03 MEASUREMENT - There shall be no separate measurement made for
seed, wood fibre, ecology control M-binder or hydro-seed application.
11.05.04 PAYMENT - Full compensation for hydro-seeding and for conforming !
to all provisions of the Standard Specifications and these special provisions,
including seed, wood fibre, ecology control M-binder and hydro-seed application
shall be considered to be included in the contract prices paid for the various
items of work identified on the project Bid Sheet and no additional compensation
shall be allowed therefor.
ATASCADERO LAKE Page 12 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')()OC60
BID SHEET
PROJECT: CITY OF ATASCADERO
CREEK PIPE LINE REPAIRS PROJECT
DATE: November 12, 1997
NAME OF BIDDER: A-Jay Excavating, Inc.
BUSINESS ADDRESS: P.O. Box 554
Atascadero, CA 93423
TELEPHONE: (805) 466-0300
RESIDENCE N/A
ADDRESS: N/A
TELEPHONE: (805) 466-0300
TO: CITY COUNCIL
CITY OF ATASCADERO
The undersigned';declares that he has carefully examined the location of the
proposed work, that he has examined the project Project Plans and project
Specifications and read the accompanying instructions, and hereby proposes to
furnish all materials, machinery, tools, labor and services, and do all the work
necessary to complete the project in accordance with said Project Plans,
Specifications, and the Construction Agreement for the unit prices shown on the
project Bid Sheet',
The undersigned declares that he has read and acknowledges the following:
Bids are required for the entire work. Incidental items of work shall be
incorporated into'the most appropriate unit price contract item and no additional
compensation shall be made therefor. The total of unit basis items will be
determined by multiplying the unit price bid by the estimated quantity set forth for
the item.
The Bidder shall set forth for each item of work, in clearly legible figures, a unit
price and a total for the item in the respective spaces provided for this purpose.
In the case of the unit basis items, the amount set forth under the "Total" column
shall be the multiplication of the unit price bid by the estimated quantity of the
item.
In case of discrepancy between the unit price and the total set forth for the item,
the unit price shall prevail; provided, however, if the amount set forth as a unit
ATASCADERO LAKE Page 13 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')00+0;1
price is ambiguous, unintelligible, or uncertain for any reason, or is omitted, or in
the case of unit basis items, is the same amount as the entry in the "Total
column, then the amount set forth in the "Total" column for the item shall prevail
in accordance with the following:
1. As to Lump sum items, the amount set forth in the "Total" column shall be
the unit price.
2. As to unit basis items, the amount set forth in the "Total" column shall be
divided by the estimated quantity for the item and the price thus obtained
shall be the unit price.
The City reserves the right to reject all bids.
BASE BID
ITEM ITEM UNIT OF ESTIMATE UNIT PRICE TOTAL PRICE
NO. DESCRIPTION MEASUR D (figures) (figures)
E QUANTITY
1. Repair Pipeline LS 1 $19,975.50 $19,975.50
BASE BID, SUM OF TOTAL PRICE COLUMN $19,975.50
Contractor shall comply with the requirements of Division 5, Part I, of the State
Labor Code, and specifically with Sections 6705 and 6707 thereof. Contractor
shall submit for approval a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection for all areas to be
excavated to a depth of five feet or more. If the plan varies from the shoring
system standards, the plan shall be prepared by a registered civil or structural
engineer.
Contractor to whom the Construction Agreement is awarded shall submit a
statement each month certifying that it is in conformance with the City's
Affirmative Action Program.
The following Contractor's Licensing Statement, shall be filled out, signed, and
submitted by each Bidder and shall be part of the Construction Agreement.
ATASCADERO LAKE Page 14 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
`)00062
CONTRACTOR'S LICENSING STATEMENT
The undersigned)is licensed in accordance with the laws of the State of
California providing for the registration of Contractors.
Contractor's License Classification and Number
Name of Individual Contractor (print or type)
Business Address
Business Telephone
or
Name of Firm:
Business Address
Business Telephone
Signature, Title, and Address of members signing on behalf of partnership:
Name Title
Address
Name Title
Address
Name Title
Address
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
Signature of President of Corporation
ATASCADERO LAKE Page 15 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
WORKER'S COMPENSATION INSURANCE CERTIFICATE
Prior to execution of the Contract Agreement, the Contractor
shall execute the following form as required by Sections
1860 and 1861 of the California Labor Code :
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured
against liability for Worker' s Compensation or to
undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such
provisions before commencing the performance of the
work of this Contract .
Date
Contractor
Signature
Title
Attest :
By
Signature
Title
ATASCADERO LAKE Page 16 of 16
OUTLET DIVERSION DIKE PROJECT
CONSTRUCTION AGREEMENT
')00001'
CONSTRUCTION AGREEMENT
PALOMA CREEK PARK FLOOD DAMAGE RESTORATION PROJECT
THIS AGREEMENT is made and entered into in the City of Atascadero,
County of San Luis Obispo, State of California, as of the last date of its
execution, by and between the City of Atascadero hereinafter referred to as
"City" and
A-JAY EXCAVATING, INC.
hereinafter referred to as "Contractor".
WITNESSESETH
WHEREAS, the City Engineer of City has determined that certain
rehabilitation of City facilities is required to restore an acceptable level of service
to these faciIities, and
WHEREAS, the City Engineer of City has determined that Contractor is
qualified to do the work, having the technical ability, experience, equipment and
tools required to satisfactorily complete the work in a timely manner, and
WHEREAS, Contractor has carefully examined the site of the work and
the project Specifications, and is satisfied as to the conditions to be encountered
and the quality of work to be performed and materials to be furnished
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. CONTRACTOR AGREES:
(a) To do the work and furnish all the labor, materials, tools,
equipment, and insurance required to perform the work in
accordance with the provisions of this Agreement, the Standard
Specifications and Drawings of the City of Atascadero and the
State of California Department of Transportation Standard
Specifications and Standard Plans, latest editions.
This Agreement consists of the Construction Agreement, the
project Bid Proposal, the project Plans, the project Technical
Specifications, the project Contractor's Licensing Statement,
and the project Worker's Compensation Insurance Certificate.
(b) To perform the work contemplated hereby in a good and
workmanlike manner to the satisfaction of the City Engineer.
PALOMA CREEK PARK FLOOD DAMAGE Page 1 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')UOC6S
(c) To indemnify and save harmless the City, its officers, employees,
authorized agents from any and all claims, actions, losses,
damages, or costs, including all costs of defense thereof, caused
by, arising out of, or in any way connected directly or indirectly with
performance of the work or by or in consequence of any
negligence in guarding the same, or by or on account of any act or
omission of Contractor or his agents, and to carry Contractor's
liability insurance for this purpose as set out herein. Upon demand
Contractor shall, at his own expense, defend City, its officers,
authorized agents and the design engineer against all such
liabilities, claims, demands, actions, losses, damages, or costs.
(d) To comply with all federal, state, county, and municipal laws, rules
and regulations which may be applicable to the work herein
contracted for, whether now in existence or hereinafter adopted.
(e) To do the work contemplated hereby and to furnish all labor,
materials, tools and equipment therefor, for the unit prices shown
in the project Bid Sheet.
2. PAYMENTS - Progressive payments will be made from an approximate
estimate of the value of the work done during the month prepared by the
City Engineer between the 20th and the 25th day of each month. Ninety
percent (90%) of the monthly estimate will be paid on or before the 10th
day of the following month.
Final payment will be made at the completion of the work from an
estimate of the value of the total work done. Ninety percent (90%) of the
final estimate will be paid on or before the 10th day of the following
month.
Retained amount shall be due and payable thirty-five (35) days after a
Notice of Completion is recorded by the City.
3. COMMENCEMENT of the work shall occur as soon as possible after
receiving the signed Agreement from the City.
4. INSURANCE certificates shall be filed with the City Engineer.
(a) Contractor shall acquire and maintain in full force and effect, during
the term of this Agreement, worker's compensation insurance as
provided by the laws of the State of California, to cover all
employees furnished by Contractor to perform the work referred to
in this Agreement. .
PALOMA CREEK PARK FLOOD DAMAGE Page 2 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT f)00066
. (b) Contractor shall acquire and maintain in full force and effect, during
the';term of this Agreement, public liability insurance as shall
protect Contractor and any subcontractor performing work covered
by this Agreement from any and all claims for bodily injury,
sickness and disease, including death therefrom, and for property
damage, which may arise out of the operations or performance
under this Agreement, whether such operations are that of
Contractor, any subcontractor, or anyone directly or indirectly
employed by either or all of them. The amount of such public
liability insurance required shall be as follows:
Each person (injury or accidental death)..............$500,000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence)....................$500,000
In lieu of the policy limits set forth above, Contractor may acquire
and maintain a combined single limit (CSL) type policy providing
minimum limits of liability to the extent of$1,000,000, protecting
Contractor as the result of any one or all occurrences because of
bodily injury, sickness and disease, including death therefrom, and
property damage sustained by any one or all persons which may
arise out of the operations or performance under this Agreement.
Contractor's public liability insurance policy shall contain
contractual liability provisions verifying that the insurance coverage
is extended or endorsed to cover the liability assumed by
Contractor under the terms of this Agreement, and shall contain
can provisions verifying that coverage may not be
can nor the amount of the coverage reduced until at least
thirty (30) days written notice is given to the City Engineer of the
intent to cancel or to reduce the limits of coverage.
(c) Contractor shall maintain automobile public liability and property
damage insurance for protection against all claims arising from the
use of his vehicles, rented vehicles, or any other vehicles in the
prosecution of the work under this Agreement. Such insurance
shall cover the use of vehicles on and off the site of the work. The
minimum amounts of automobile public liability and property
damage insurance shall be:
Each person (injury or accidental death)..............$500,000
Each occurrence (injury or accidental death).......$500,000
Property damage (each occurrence)....................$500,000
PALOMA CREED PARK FLOOD DAMAGE Page 3 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')0006'7
5. LICENSING OF CONTRACTOR - Before submitting bids, Contractor shall
be licensed in accordance with the provisions of Section 7000 through
7145, inclusive, of the Business and Professions Code of the State of
California, and any Contractor not so licensed is subject to the penalties
imposed by such laws.
6. PREVAILING WAGES - Contractor is hereby notified that, pursuant to
Section 1770, et. seq. of the Labor Code of the State of California, the
Director of Industrial Relations of the State of California has ascertained
the general prevailing rate of hourly wages and rates for legal holidays
and overtime work in the locality where this work is to be performed for
each craft or type of worker or mechanic needed to execute the
Agreement which will be awarded to the successful Bidder. Prevailing
Wage Rates are on file in the office of the City Clerk. The City attempts
to keep up-to-date rate schedules, but cannot guarantee that these rates
are accurate. An up-to-date rate schedule can be obtained by contacting
the Department of Industrial Relations, Division of Labor Statistics and
Research, 455 Golden Gate Avenue, 5th Floor, Room 5184,San
Francisco, CA 94102.
Contractor shall comply with the provisions of Labor Code Section 1775.
In accordance with said Section 1775, Contractor shall forfeit, as a
penalty to the City, Twenty-Five Dollars ($25.00) for each calendar day,
or portion thereof, for each worker paid less than the stipulated prevailing
rate for such work or craft in which such worker is employed for any public
work done under the Agreement by him or by any subcontractor under
him. In addition to said penalty, Contractor shall pay to each worker the
difference between the stipulated prevailing wage rate and the amount
paid to each worker for each calendar day, or portion thereof, for which
each worker was paid less than the stipulated prevailing wage rate.
Contractor may pay compensation to workers in excess of the prevailing
wage rate as determined above; however, such payments shall not be the
basis for any claim for additional compensation to Contractor by the City.
The possibility of wage increases is one of the elements to be considered
by Contractor in determining his bid, and will not under any circumstances
be considered as the basis for any claim for additional compensation to
Contractor by the City.
The City Engineer will require submittal of certified payrolls from
Contractor when, in his opinion, they are needed to verify that Contractor
is in compliance with the State Labor Code or when needed to confirm the
cost of work being done or the cost of proposed changes on the project.
The payrolls shall be on a form and at a frequency as required by the City
Engineer.
PALOMA CREEK PARK FLOOD DAMAGE Page 4 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
100068
7. PUBLIC CONVENIENCE AND SAFETY - Contractor shall so conduct his
operations as to cause the least possible inconvenience to the general
public and'the residents of the vicinity.
Contractor shall furnish, erect, and maintain such fences, barriers, lights,
and signs as are necessary to give adequate warning to the public at all
times that work is in progress and of any dangerous conditions to be
encountered as a result thereof, and he shall also erect and maintain
such warning signs as may be required by the City Engineer.
8. PRESERVATION OF PROPERTY - Contractor shall conduct his
operations in such a manner as to avoid injury or damage to property and
improvements or facilities on or adjacent to the site of the Work. If such
objects are injured or damaged by reason of Contractor's operations, they
shall be replaced or restored at Contractor's expense.
9. CITY ORDINANCES - Contractor shall observe all ordinances relating to
the obstruction of streets or fire hydrants, the transportation of materials,
the maintenance of signals and passageways, and all laws relating to City
improvements. Contractor shall notify the Chief of the Fire Department
designating any avenue, street, or alley that is closed to travel due to the
. construction work. Contractor shall again notify the Fire Chief when said
avenue, street, or alley is restored and safe for travel.
10. EXISTING' PUBLIC UTILITIES - Contractor shall maintain in continuous
service all sewers, irrigation or drain ditches, flumes, pipes, and other
water courses which he may encounter during the prosecution of the
Work, andl in no case interfere with, divert, or obstruct the flow of water in
any such courses without first securing permission from the owner.
Contractorshall maintain continuous service of utilities to all residents
and businesses. Should any damage to a utility occur, Contractor shall
notify the owner of the utility at once and render every assistance
possible to repair the damage and restore the service. No extra
compensation will be made for the repair of any service or utility damaged
by Contractor nor for any damage incurred through neglect or failure to
provide adequate protection to existing utilities. The utility companies
may bill Contractor for damages to their facilities caused by Contractor's
operations.
11. OBSTRUCTIONS -The City does not guarantee the accuracy or
completeness of any data shown on the project Plans relative to the
locations, sizes,dimensions, depths, and character of pipes, conduits,
poles, or any other structures or utilities located above ground or
underground. -
PALOMA CREEK PARK FLOOD DAMAGE Page 5 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')00®69
Existing land subdivision monuments and stakes shall be fully protected
from damage or displacement, and they shall not be disturbed unless
directed by the City Engineer.' Full compensation for conforming to the
requirements of this section shall be considered as included in the prices
paid for the various items of work, and no additional compensation will be
made therefore.
12. COMPLIANCE WITH STATE AND FEDERAL HEALTH AND SAFETY
REQUIREMENTS - Contractor shall have in force a Hazard
Communication Program and a Safety Program which meet all Local,
State and Federal requirements for such programs.
All construction equipment used to prosecute the Work and all equipment
furnished and installed under this Agreement shall meet all requirements
of the State of California Division of Industrial Safety.
If any provision of this Agreement is declared by a court of law to be illegal or
unenforceable, then, notwithstanding, this Agreement shall remain in full force
and effect, exclusive of the illegal or unenforceable provision.
•
PALOMA CREEK PARK FLOOD DAMAGE Page 6 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
`)000170
IN WITNESS WHEREOF, the City Manager of the City of Atascadero has
authorized the execution of this Agreement in duplicate by the City Engineer and
attestation by the City Clerk on the day of , 1997, and
Contractor has caused this Agreement to be duly executed.
CITY: CONTRACTOR:
City of Atascadero
By: By:
Wade G. McKinney,
City Manager
Attest:
Marcia M. Torgerson
City Clerk
Approved as to content: Approved as to form:
Brady D. Cherry,'; Roy A. Hanley,
Community Services Director City Attorney
PALOMA CREED PARK FLOOD DAMAGE Page 7 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
'1000'71.
TECHNICAL SPECIFICATIONS S
ATASCADERO CREEK PIPE LINE REPAIRS
Page
SECTION 11.01 - INTRODUCTION ....................................................................9
SECTION 11.02 - MOBILIZATION........................................................................9
SECTION 11.03 - CLEARING AND GRUBBING..................................................9
SECTION 11.04 - PIPELINE PROTECTION.......................................................10
PALOMA CREEK PARK FLOOD DAMAGE Page 8 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')00072
SECTION 11.01 INTRODUCTION
Contractor shall furnish all materials, labor, tools, equipment, water, light, power,
test, transportation, supervision, temporary construction of any nature and all
works and test necessary or incidental in any nature whatsoever to completely
construct the improvements shown on the plans entitled "PALOMA CREEK
PARK FLOOD DAMAGE RESTORATION PROJECT", in conformance with the
terms of the project Construction Agreement, the project Technical
Specifications and as directed by the City Engineer.
The work to be done in constructing the PALOMA CREEK PARK FLOOD
DAMAGE RESTORATION PROJECT includes, but is not limited to: maintaining
traffic; clearing and grubbing; earthwork; saw cutting; furnishing, placing and
compacting asphalt concrete and aggregate base; furnishing and placing
geosynthetic reinforcement; furnish and placing backdrains; together with other
miscellaneous work as set forth in the project Plans, the project Construction
Agreement, and the project Technical Specifications.
Full compensation for work shown on the project Plans which is not specifically
identified on the project Bid Sheet of this Construction Agreement shall be
considered as included in the contract price paid for the various items of work
identified on the project Bid Sheet and no additional compensation shall be
allowed therefor.
SECTION 11.02 MOBILIZATION
11.02.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required for mobilization in conformance with the provisions of Section 11
"Mobilization" of the Standard Specifications, the project Construction
Agreement and the project Technical Specifications.
11.02.02 PAYMENT - Full compensation for mobilization and for conforming to
all provisions of the Standard Specifications, the Standard Plans,the project
Construction Agreement, the project Plans, the project Technical Specifications
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the items of work identified on the project Bid Sheet
and no additional compensation shall be allowed therefor.
SECTION 11.03 ''CLEARING AND GRUBBING
11.03.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools and equipment required for
i clearing and grubbing in conformance with the provisions of Section 16
PALOMA CREEK PARK FLOOD DAMAGE Page 9 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
9000'73
"Clearing and Grubbing" of the Standard Specifications and these special
provisions and specifications.
11.03.02 PAYMENT - Full compensation for removing or preserving existing
highway facilities and for conforming to all provisions of the Standard
Specifications, the Standard Plans, the project Construction Agreement, the
project Plans, the project Technical Specifications and to the requirements of the
City Engineer shall be considered to be included in the contract price paid for
the various items of work identified on the project Bid Sheet and no additional
compensation shall be allowed therefor.
SECTION 11.04 PIPELINE PROTECTION
11.04.01 DESCRIPTION - The work covered by this section consists of
Contractor providing all labor, material, tools, equipment and incidentals
required to install a 15' x 3' x 500' levy and compact with decomposed granite.
Back fill an area of 40' x 8' with decomposed granite and cover with straw.
Grade and base with Class 3 roadway area from parking lot to snack bar.
11.04.02 PROTECTION AND SUPPORT -All earthwork shall be protected and
supported as required for safety in the manner set forth in the operation rules,
orders and regulations prescribed by the Division of Industrial Safety of the State
of California.
Excavations and trenches shall be properly sheeted, braced, and/or sloped to
support adjacent earth banks, structures, construction materials and equipment,
and to provide safe working conditions in accordance with all applicable Federal,
State, and local safety regulations. No trench, pit, or other excavation shall
remain open longer than is necessary to expeditiously carry out the work. All
trenches shall be backfilled and compacted as specified in this section up to a
level no greater than two (2) feet below the ground or paved surface at the end
of each day for safety of the public. A 4:1 back-up shall be provided at locations
where there is a 1 foot or greater drop within 4 feet of the edge of traveled way.
Shoring, sheeting, and bracing shall be designed, installed, and arranged by
Contractor so as not to place any stress on portions of the completed work.
Shoring, sheeting, and bracing shall be removed as backfilling proceeds without
damage to structures, roadways, or adjacent improvements. The cost of any
damage shall be borne by Contractor.
Shoring and sheeting in pipe trenches shall be maintained in place until the pipe
has been placed and backfilled at the pipe zone. It shall be removed in a
manner that will not damage the pipe or permit voids in the backfill. Wood .
PALOMA CREEK PARK FLOOD DAMAGE Page 10 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT `)000174
sheeting may be cut off at the top of the pipe zone so that backfill support will
not be harmed.
11.04.03 EXISTING UNDERGROUND IMPROVEMENTS - Contractor's
attention is directed to the possible existence of pipes and other underground
improvements which may or may not be shown on the project Plans. Contractor
shall preserve arid protect any such improvements. Where it is necessary to
remove and replace or to relocate such improvements in order to prosecute the
work, they shall be removed, maintained in operation and permanently replaced
by Contractor at his expense.
11.04.04 TESTING - Contractor shall make all necessary excavations for
compaction tests'as directed by the City Engineer. Contractor shall refill and re-
compact excavations required for testing to the densities specified on the project
Plans. Contractor shall provide shoring or other safety measures as required for
testing.
All soils designated to be compacted shall obtain the minimum relative
compaction percentages indicated on the project Plans and the project Technical
Specifications as determined by ASTM D-1557-70, method C; D-2922-71; and/or
D3017-72. The appropriate test to be used shall be left to the discretion of the
soils engineer.
11.04.05 MEASUREMENT - There shall be no separate measurement made for
earthwork including measurements for back fill, imported borrow, compaction,
embankment construction.
11.04.06 PAYMENT - Full compensation for finishing roadway and for
conforming to all provisions of the Standard Specifications, the Standard Plans,
the Contract Agreement, the project Plans, the project Technical Specifications,
and the requirements of the City Engineer shall be considered to be included in
the contract price paid for the various items of work identified on the project Bid
Sheet and no additional compensation shall be allowed therefor.
PALOMA CREED PARK FLOOD DAMAGE Page 11 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')000'75
BID SHEET
PROJECT: CITY OF ATASCADERO
PALOMA CREEK PARK FLOOD DAMAGE
RESTORATION PROJECT
DATE: November 12, 1997
NAME OF BIDDER: A-Jay Excavating, Inc.
BUSINESS ADDRESS: P.O. Box 554
Atascadero, CA 93423
TELEPHONE: (805) 466-0300
RESIDENCE N/A
ADDRESS: N/A
TELEPHONE: (805) 466-0300
TO: CITY COUNCIL
CITY OF ATASCADERO
The undersigned declares that he has carefully examined the location of the
proposed work, that he has examined the project Project Plans and project
Specifications and read the accompanying instructions, and hereby proposes to
furnish all materials, machinery, tools, labor and services, and do all the work
necessary to complete the project in accordance with said Project Plans,
Specifications, and the Construction Agreement for the unit prices shown on the
project Bid Sheet.
The undersigned declares that he has read and acknowledges the following:
Bids are required for the entire work. Incidental items of work shall be
.incorporated into the most appropriate unit price contract item and no additional
compensation shall be made therefor. The total of unit basis items will be
determined by multiplying the unit price bid by the estimated quantity set forth for
the item.
The Bidder shall set forth for each item of work, in clearly legible figures, a unit
price and a total for the item in the respective spaces provided for this purpose.
In the case of the unit basis items, the amount set forth under the "Total" column
shall be the multiplication of the unit price bid by the estimated quantity of the
item.
In case of discrepancy between the unit price and the total set forth for the item,
the unit price shall prevail; provided, however, if the amount set forth as a unit
PALOMA CREEK PARK FLOOD DAMAGE Page 12 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
')000'76
price is ambiguous, unintelligible, or uncertain for any reason, or is omitted, or in
the case of unit basis items, is the same amount as the entry in the "Total"
column, then the amount set forth in the "Total" column for the item shall prevail
in accordance with the following:
1. As to lump sum items, the amount set forth in the "Total" column shall be
the unit price.
2. As to unit basis items, the amount set forth in the "Total" column shall be
divided by the estimated quantity for the item and the price thus obtained
shall be the unit price.
The City reserves the right to reject all bids.
BASE BID
ITEM ITEM UNIT OF ESTIMATE UNIT PRICE TOTAL PRICE
NO. DESCRIPTION MEASUR D (figures) (figures)
E QUANTITY
1. Paloma Creek LS 1 $13,000.00 $13,000.00
Park Repair
BASE BID, SUM OF TOTAL PRICE COLUMN $13,000.00
Contractor shalf comply with the requirements of Division 5, Part I, of the State
Labor Code, and specifically with Sections 6705 and 6707 thereof. Contractor
shall submit for approval a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection for all areas to be
excavated to a depth of five feet or more. If the plan varies from the shoring
system standards, the plan shall be prepared by a registered civil or structural
engineer.
Contractor to whom the Construction Agreement is awarded shall submit a
statement each month certifying that it is in conformance with the City's
Affirmative Action Program.
The following Contractor's Licensing Statement, shall be filled out, signed, and
submitted by each Bidder and shall be part of the Construction Agreement.
PALOMA CREEK PARK FLOOD DAMAGE Page 13 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of
California providing for the registration of Contractors.
Contractor's License Classification and Number
Name of Individual Contractor (print or type)
Business Address
Business Telephone
or
Name of Firm:
Business Address
Business Telephone
Signature, Title, and Address of members signing on behalf of partnership:
Name Title
Address
Name Title
Address
Name Title
Address
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
II
Signature of President of Corporation
PALOMA CREEK PARK FLOOD DAMAGE Page 14 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT
r)000'78
WORXER'S COMPENSATION INSURANCE CERTIFICATE
Prior to execution of the Contract Agreement, the Contractor
shall execute the following form as required by Sections
1860 and 1861 of the California Labor Code:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured
against liability for Worker' s Compensation or to
undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such
provisions before commencing the performance of the
work of ' this Contract .
Date
Contractor
Signature
Title
Attest :
By
Signature
Title
PALOMA CREEKPARK FLOOD DAMAGE Page 15 of 15
RESTORATION PROJECT
CONSTRUCTION AGREEMENT ,)00079
ITEM NUMBER: A-8
DATE: 11-25-97
s 19
CAD>
City Man er s Agenda Report
Wade G. McKinney
Support for AB11 Which Codifies
the Implementation of Daytime Curfews
RECOMMENDATION:
N TION.
Approve Resolution I To. 102-97, supporting AB 1151 which would codify the implementation of
daytime curfews/anti-I ruancY ordinances in State law.
DISCUSSION:
Back round: The City of Monrovia has requested our assistance in supporting AB 11 which
pp g ch
would codifyinto State law the implementation _
plementation of daytime curfews/anti truancy ordinances.
Inasmuch as Monrovia is being sued over its curfew/anti-truancy ordinance, cities throughout
California are being asked to support this legislation which will protect cities' authority to
implement and maint in daytime curfews. Additionally, cities are being asked to make a
monetary contribution to Monrovia's legal defense fund.
While the City of Atascadero is not in need of the ordinance adopted by the City of Monrovia at
this time, it seems pru ent to support their efforts with AB 11 so that all cities will have the option
of enacting such an ordinance. In light of our current budgetary constraints, a monetary
contribution is likely of appropriate; however, our support through a resolution may have an
equal impact.
Our truancy concerns in Atascadero are being addressed through the"Drug Free Zone" laws, the
Penal Code Sections regarding loitering around schools, and a new program we recently instituted
involving the suspension of driving licenses for habitual truants. These efforts seem to have a
significant impact as ettendance at the high school is currently 97%. We are hopeful that this
trend will continue as we follow through with the School District in aggressively addressing
truancy.
Summary: Our supp rt of the City of Monrovia's efforts in codifying daytime curfew/anti-
truancy ordinances wi I benefit cities state-wide which may wish to implement such ordinances.
While our truancy problems in Atascadero are currently being handled effectively, it is to our
advantage to have the ibility to enact similar ordinances should the need arise.
`100080
ITEM NUMBER A-8
DATE: 11-25-97
FISCAL IMPACT:
None.
RESPONSIBLE DEPARTMENT: Police Department
ATTACHMENTS: Resolution No. 102-97
Letter from Mayor Bartlett, City of Monrovia
I�
')00081
-r
RESOLUTION NO. 102-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, IN SUPPORT OF
AB115111 WHICH WOULD CODIFY THE IMPLEMENTATION
OF DAYTIME CURFEW ORDINANCES
WHEREAS, the City Council of the City of Atascadero wishes to support the
City of Monrovia's efforts in codifying the implementation of daytime curfew ordinances
into State law through AB1151; and
WHEREAS, such legislation would protect cities' authority to implement and
maintain daytime curfews;
NOW THEREFORE BE IT RESOLVED, that the City of Atascadero hereby
endorses AB 11.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
of 11997.
On motion';of Councilman , and seconded by Councilman , the
foregoing resolution is hereby adopted in its entirety on the following roll call vote:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
IOOOS2
:err. ..Jit:,:..�11Y44':•:�
City of MONROVIA
OFFICE OF THE MAYOR
June 23,1997
The Ilonomble Mayor Ray Johnson
City of Atascadero
65W Palma Avenue
Atascadaro,C:alifamia 93422
Dear Mayor Johmsen:
I am again writing on behalf of the City of Monrovia to solicit the City of Atascsdero's assistance on the issue of
daytime curfews. We recently contacted cities duoto=t the State to rally in support of AB 1151(Goldsmith),
which would codify the implementation of daytime curfews in state law. Unfortunately,this bill is stalled in the
Asnsembly Appropriations Ctmmittee and has become a two year bill.
As I stated in our last cor mspondcnce,the City of Monrovia is being sued over its daytime curfew ordinance- With
AB 1151 continued until next year,Monrovia is again looking to its fellow cities for support. By requestingthe
assistarAw of the City of Atescadero,we ask that:
1. The City of ALwu&lero c ointact its elected mprewnt;xtivex in Smumento and uW them to support the
implementation of legislation that will protect cities'mxdu ity to implement and maintain daytime curfews.
2. The City of Atasca&m adopt a resolution in support of Monrov it's efforts to defend its daytime curfew
cxditrance and that we can use your nate a to show support.
3- The City of Atascadero consider a monetary contribution to Monrovia's legal defense fund. We would litre
to respectfully suggest a range of 35(li)to E50),depending on the size of your city and your resources.
Riegurdless or the amount,we appreciate any contribution and/or assistance in this very important matter.
The daytime curfew Na yielded a number of impressive andtwoble benefits to our community,and we intend to
defend this program. Monrovia and the 701 California cities that have daytime curfews cannot afford to let well-
planned,well-implemented anti-truancy efforts become targets for groups that do not have the best interests ofthe
community in mind. Ow children's fatare and the future of their communities are at stalm.
This is a critical issue and i hope you will egnee to assist us in this matter by contacting your elected regrewntatives
and contributing to our legal defense fund- If t,or any of the City staff,can he of assigoce to you in this matter,
please contact either City Manager lion Hopper at(67.6)932-5500 or Police Chief Jae$adreno at(626)932-3596.
Thank you for your ouoperstion and support.
Sincerely,
Robert T.Bartlett
Mayor
')00083
ITEM NUMBER: A-9
'DATE:_ '11/25/97
rAD�
City Maner's Agenda Report
Wade G. McKi ney
Establishment of a No Parking Zone at 5585 El Camino Real
RECOMMEND TION:
Traffic Committee recommends: Council adopt Resolution No 105-97 establishing a No Parking
Zone at 5585 El C o Real.
DISCUSSION:
Background:
• When exiting the Atass cadero Police Department facility onto El Camino Real, vision to the south
is blocked by vehicles parked at the curb at 5585 E1 Camino Real. The Traffic Committee feels
there is adequate off-street parking for the businesses in this area and that elimination of this one
parking space will not cause a hardship for the area merchants.
E
FISCAL IMPAC
The cost of the curb painting is estimated at$20.00
ALTERNATIVE
Council can choose not to approve Resolution No. 105-97.
Advantages: Does nct eliminate a parking space.
Disadvantage: Sight at driveway will remain obscured.
RESPONSIBLE EPARTMENT: Community Development Department .
ATTACHMENT3: Resolution No. 105-97
900084
RESOLUTION NO. 105-97
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARING ZONE ON EL CAMINO REAL
WFfREAS, Section 4-2.1101, et seg., of the Atascadero Municipal Code allows the City
Traffic Engineer to designate"No Parking" areas,and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS,the Traffic Committee has determined that establishing a No Parking zone on
a portion of El Camino Real will provide for increased traffic safety.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City
Traffic Engineer to place and maintain appropriate signs or markings as indicated in the attached
"Exhibit „A'.
On motion by Councilmember and seconded by Councilmember the
foregoing resolution is hereby adopted in its entirety on the following roll call voter
AYES:
NOES: •
ABSENT:
ADOPTED:
ATTEST CITY OF ATASCADERO
By
MARCIA M. TORGERSON, City Clerk RAY JOHNSON,Mayor
APPROVED AS TO FORM:
ROY A.HANLEY
City Attorney
900085
EMEBIT A ,
RESOLUTION
-
RESOLUTION NO. 105-97
TO
101
NORTH
0 RO SARIO AVENUE
U
ATASCADERO
W POLICE
SERVICES
RED
CURB PEABODY
ONE AND
SPACE PLUM
OCEAN HARVEST
')00086
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ITEM NUMBER: A-10
DATE: 11/25/97
ie a ism •
City Ma ne grer's Agenda L Report
Wade G. McKinney
Establishment of Stop Intersection on Magdalena Avenue at Mercedes Avenue
RECOMMENDATION:
Traffic Committee recommends: Council adopt Resolution No. 106-97 establishing a stop
intersection on Magd gena Avenue at Mercedes Avenue.
DISCUSSION:
Background
The request for thi stop sign was initiated b Mr. Maurice Lane, Chairman of the
�! P Sn Y
Board of Trustees c f the Atascadero Cemetery District Mr. Lane states that he has
experienced near collisions at this location. In addition, there have been documented
accidents near this oration and the sight distance is limited.
FISCAL IMPA
Estimated cost of the installation is$100.00
ALTERNATI S:
E
Council can choose n Dt to adopt Resolution No. 106-97.
Advantages: Cost savings, no disruption in flow of traffic.
Disadvantages No ' nprovement to an intersection with documented accidents may expose the
City to liability.
RESPONSIBLEDEPARTMENT:. Community Development Department
ATTACHMENTS: Resolution No. 106-97 -
k
100013`7
RESOLUTION NO. 106-97
RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF ATASCADERO
DESIGNATILVG A STOP INTERSEC ITON ON MAGDELENA AVENUE
AT MERCEDES AVENUE
WHMEAS, Section 4-2.801 et seq. of the Atasscadero Municipal Code allows the City Traffic
Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs
or markings indicating the same;and
WIIEREAS, the Atascadero Traffic committee has recommended that establishing a Stop
intersection at the location described on attached Exhibit 'W will improve a hazardous traffic
condition.
NOW,nMkE.FORE,BE IT RESOLVED that the City of Atascadero directs the City Traffic
Engineer to place and maintain appropriate signs or markings indicating a Stop•intersection at the
location listed above.
On motion by Councilmember ,and seconded by Councilmember ,the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
BY
MARCIA M TORGER.SON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A.HANLEY
City Attorney
')00088
EN SE aDq EXHIBIT A
RESOLUTION NO 106-97 s
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-')0008J
ITEM NUMBER: A-11
DATE: 11/25/97
a
CADS
City Manager's Agenda Report
Wade G. McKinney
Establishment of a No Parldng Zone at 5905 East Mall
RECOMMEND TION:
Traffic Committee recommends: Council adopt Resolution No. 104-97 establishing a No Parking
Zone at 5905 El C mo Real.
DISCUSSION:
Background:
A request was made to the Atascadero Traffic Committee to eliminate one parking space at 5905
East Mall to allow ti e Dial-A-Ride buses improved access to the Hagan Senior Center.Due to
the high curbs in this area, the bus is unable to utilize the passenger loading zone provided in front
of the Senior Center. By eliminating the parking space adjacent.to the driveway, the bus driver
can utilize the drivev ray curb cut for passenger access.
FISCAL IMPA(.T:
The cost of the curb painting is estimated at$20.00.
ALTERNATI S:
Council can choose not to approve Resolution No. 104-97.
Advantages: Does not eliminate a parking space
Disadvantages Dial -Ride access to the Senior Center will not improve.
RESPONSIBLE DEPARTMENT: Community Development Department
ATTACHMEN S: Resolution No. 104-97 -
')00090
RESOLUTION NO. 104-97
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARIONG ZONE ON EAST MALL
WHEREAS, Section 4-2.1101,et.sea.• of the Atascadero Municipal Code allows the City
Traffic Engineer to designate "No Parking"areas, and to place and maintain appropriate signs or
markings indicating the same;and
WHEREAS,the Traffic Committee has determined that establishing a No Parking zone on
a portion of East Mall will provide for increased traffic safety.
NOW, THEREFORE,BE IT RESOLVED that the City of Atascadero directs the City
Traffic Engineer to place and maintain appropriate signs or markings as indicated in the attached
"Exhibit"A'.
On motion by Councilmember and seconded by Councilmember ,the
foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES;
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A.HANLEY
City Attorney
Y)0009 .
EXHIBIT A
RESOLUTION NO. 104-97
PALMA AVENUE
DR. ANDERSON
VACANT
LOT
HAGAN
SENIOR
RED
CENTER
CURB
ONE
SPACE
SUNKEN GARDENS
WELLS
FARGO
BANK
EL CAMINO REAL
`)00092
ITEM NUMBER: A-12
' DATE: 11/25/97
50 19
City Attorney's Agenda .Report
Roy A. Hanley
Second Reading - Ordinance No. 335,
Amendment to Nighttime Curfew Regulations
RECOMMENDA ION:
Waive reading of Ordinance No. 335 and introduce for second reading by title only An Ordinance
of the City Council of the City of Atascadero Amending Chapter 5-6 of the Municipal Code
Pertaining to Nighttim Curfew.
DISCUSSION:
This item came before you on October 28, 1997. This amendment addresses constitutional rulings
only and does not otherwise change Atascadero's curfew regulations.
FISCAL IMPAC
Following the recommendation contained in this report will not have any fiscal impact upon the
City of Atascadero. All funds for the conduct of the Police Department in enforcing the nighttime
curfew ordinance are currently provided for in the general fund and the budget of the City.
ALTERNATIVE
The ordinance must be amended to avoid legal challenge.
PREPARED BY: Roy A. Hanley, City Attorney
ATTACHMENT: Ordinance No. 335
900093
ORDINANCE NO. 335
NIGHTTIME CURFEW ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 5-6 OF THE MUNICIPAL CODE PERTAINING TO
NIGHTTIME CURFEW
WHEREAS, The City Council finds that a juvenile curfew ordinance is necessary and
desirable because the protection of minors warrants a higher degree of governmental
regulation. This higher degree of regulation is premised upon the peculiar vulnerability
of children and minors' inability to make critical decisions in an informed and maturer
manner. The City recognizes a compelling interest in preserving the safety of the
community generally and providing a higher degree of protection for its minors
specifically during nighttime flours.
NOW THEREFORE, the City Council of the City of Atascadero does ordain that
Sections 5-6.01 through 5-6.06 of the Atascadero Municipal Code are amended to read
as follows:
5-6.01. Definitions
A. The following definitions are applicable to this ordinance
•
1`. Curfew hours means the period from 11:00 p.m. any night until 5:00 a.m. the
following morning.
2. Emergency means unforeseen circumstances or a situation that calls for
immediate action. The term includes, but is not limited to, an automobile
accident, fire or explosion, natural disaster or any condition requiring
immediate action to prevent bodily injury or loss of Life.
3. Establishment means any privately-owned place of business operated for
profit to which the.public is invited including, but not limited to, any place,of
amusement or entertainment.
4. Guardian means (a) a person who, under court order, is the guardian of the
minor; or (b) a public or private agency with whom a minor has been placed
by a court.
5. Minor means any person under eighteen (18) years of age.
6. Operator means any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment.
7. Parent means a person who is a natural parent, adoptive parent or step-
parent of a minor.
)U00*1
ORDINANCE NO. 335
PAGE 2
8. Responsible adult means a person at least eighteen (18) years of age and
authorized by a parent or guardian to have,the care and custody of a minor.
9. Public place means any place the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, common
areas of',,schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
10. Remain means to (a) linger, stay or be present; or (b) fail to leave the
premises when requested to do so by a peace officer, the owner, operator
or other person in control of the premises.
5-6.02 Offenses
A. It is unlawful for:
1. Any minor to remain in any public place or on the premises of any
establishment within the city during curfew hours, or
2. Any parent or guardian of a minor to knowingly permit, or by insufficient
control allow, the minor to remain in any public place or on the premises of
any establishment within the city during curfew hours, or
3. Any owner, operator or employee of an establishment to knowingly permit a .
minor to 'remain in or upon the premises of an establishment during curfew
hours.
5-6.03 Defenses
A. It is a defense to prosecution of the above offenses that the minor was:
1. accompanied by the minor's parent or guardian or by a responsible adult;
2. on an errand at the direction of the minor's parent or guardian or responsible
adult, without detour or delay;
3. in a motor vehicle involved in intrastate or interstate travel;
4. engaged';in employment, or going to or returning home from employment,
without detour or delay;
5. involved in an emergency;
ORDINANCE NO. 335
PAGE 3
6. on the sidewalk adjacent to the minor's residence, providing the minor is not
otherwise violating the law;
7. attending an official school, religious or other adult supervised recreational
activity sponsored by the city, a civic organization or other similar entity that
takes responsibility for the safety of the minor, or going to or returning home
from such an activity, without detour or delay;
8. exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and
the right of assembly;
9. emancipated pursuant to law.
B. It is a defense to prosecution under offense #3 above, that the owner, operator
or employee of.an establishment promptly notified the police department that a
minor was present on the premises of the establishment during curfew hours and
refused to leave.
5-6.04 Enforcement
Before taking any enforcement action under this ordinance, a peace officer shall
ask the apparent offender's age and reason for being in a public place or on the
premises of an establishment during curfew hours. The officer shall not issue a
citation or detain a minor under this ordinance unless the officer reasonably
believes an offense has occurred and based upon the minor's response(s) and
other circumstances, no defense under this ordinance appears present or
applicable.
5-6.05 Penalties
Any person who violates a provision of this ordinance is guilty of a separate
offense for each day or part of a day during which the violation is committed,
continued or permitted. Any person who violates the offenses described in this
ordinance shall be guilty of a misdemeanor. Minors shall be dealt with in
accordance with juvenile court law and procedure.
5-6.06 Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portion of this ordinance. The City Council of the City of
')00096
ORDINANCE NO. 3135
PAGE 4
Atascadero hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof, irrespective of
the fact any one or more sections, subsections, sentences, clauses, phrases or
other portions might subsequently be declared invalid or unconstitutional.
The foregoing ordinance was approved and adopted at a meeting of the City Council
held on , 1997, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
BY:
Marcia M. Torgerson, City Clerk
BY: BY:
Ray Johnson, Mayor Wade G. McKinney, City Manager
APPROVED AS TO FORM:
BY:
Roy A. Hanley, 'City Attorney
. 000
07
rrEM NUMBER: A-13
DATE: 11/25/97
O
yeis ye s-1
City Mana er's Agenda Report
Wade G. McKinney
Pi blic Employees' Retirement System (PERS)
Contract Amendment Adding
the Fourth Level of the 1959 Survivor Benefit
for Safety Members
RECOMMENDATION:
Staff recommends Council adopt Ordinance No. 336, amending the contract
between the Boar of Administration of the Public Employees' Retirement
System and the City Council of the City of Atascadero, to increase the 1959
Survivor Benefit to the Fourth Level, for Safety members. Waive the reading
in full and introduce it on second reading by title only.
DISCUSSION:
The City is amending the PERS contract to increase the level of the 1959 Survivor Benefit to the
Fourth Level, per the terms of the Memorandums of Understanding (MOU) with the Safety
Members through the Police and Fire Bargaining Units. This benefit is for survivors of a member
who dies prior to retir ment. Safety members are currently at Level Two. Although it is an
"employer" cost, the safety employees have agreed through their MOU to pay for the additional
cost of this benefit.
As a condition of ou contract with PERS, two groups are recognized when implementing
changes in benefits, M scellaneous and Safety. Any changes in benefits for a group, affects the
entire group. Safety members are made up of sworn police and fire personnel. All other
employees are covered in PERS as Miscellaneous members.
FISCAL IMPAC
There is no increased cost to the City. The Fourth Level benefit is an Employer-paid benefit
under PERS law. However, PERS has a provision that allows agencies to enter into a separate
contract (e.g. an MO Agreement) with the affected group(s) Employees can elect to pay for
the benefit under the terms and conditions of the agreement. The funding for the 1959 Survivor
Benefit is pooled throlughout all participating agencies in California. This results in a surplus of
assets for the Fourth L vel, which amounts to $17,599, for our agency. PERS requires that this
surplus be used to pay the employer cost as long as it lasts. It is estimated to last five (5) years.
�00098
ITEM NUMBER: A=13
DATE• 11/25/97
Once the surplus is depleted, per the agreement with the employee groups, the cost will be paid
by each employee that is a safety member. That cost is$8.50 per month,per member.
RESPONSIBLE DEPARTMENT: Administration-Personnel Division
ATTACHMENTS: Ordinance No.336 and Exhibit
900099
ORDINANCE NO. 336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE I CITY COUNCIL OF THE CITY OF ATASCADERO AND
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
The City Council of the City of Atascadero does ordain as follows:
Section 1.
That the amendment to the contract between the City Council of the City of Atascadero
and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto, Amendment to ,
Contract Between the Board of Administration of the Public Employees' Retirement
System and the City Council of the City of Atascadero, marked Exhibit, and by such
reference made a pant thereof herein set out in full.
Section 2.
The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall'';take effect 30 days after its adoption, and prior to the expiration of
15 days from the passage thereof shall be published at least once in the Atascadero
News, a newspaper of general circulation, thereafter the same shall be in full force and
effect.
Adopted and approved this day of_ 1997.
RAY
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGE SON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
`)00100
PAGE 1 OF 3
EXHIBIT
AMENDMENT TO CONTRACT TO ORDINANCE 336
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ATASCADERO
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having
entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended
effective July 1, 1980, April 30, 1983, January 7, 1984, July 1, 1990, November 9, 1991, April 12,
1992 and August 29, 1992 which provides for participation of Public Agency in said System, Board
and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective August 29,
1992, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
"Normal retirement age" shall mean age 60 for local miscellaneous members and age 50
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after April 19, 1980 making its employees as hereinafter provided, members of said
System subject to all provisions of the Public Employees' Retirement Law except such
as apply only on election of a contracting agency and are not provided for herein and to
all amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as are excluded by law or this
agreement:
a. Local Fire Fighters(herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as local
miscellaneous members).
900101
PAGE 2 OF 3
EXHIBIT TO ORDIN. 336
4. In addition to the classes of employees excluded from membership by said Retirement
Law, the following classes of employees shall not become members of said Retirement
System:
NO ADDITIONAL EXCLUSIONS
5. This contract shall be a continuation of the benefits of the contract of the Atascadero
Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section
20567.2 of the Government Code, Former Agency having ceased to exist and having
been required by law to be succeeded by Public Agency on July 1, 1980. Public
Agency, by this contract, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former Agency's contract
with respect to the Former Agency's employees. Legislation repealed said Section
effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21353 of said Retirement Law(2%at age 60 Full).
7. The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21362 of said Retirement Law(2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety
members only.
b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for
local miscellaneous members only.
C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
d. Section 20903 (Two Years Additional Service Credit).
9. Public Agency, in accordance with Government Code Section 20834, shall not be
considered an "employer" for purposes of the Public Employees' Retirement Law.
Contributions of the Public Agency shall be fixed and determined as provided in
Government Code Section 20834, and such contributions hereafter made shall be held
by the Board as provided in Government Code Section 20834.
10. Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
r)00102
PAGE 3 OF 3
EXHIBIT TO ORDINANCE NO. 336
11. Public Agency shall also contribute to said Retirement System as follows:
a. Per covered member, $8.50 per month on account of the liability for the 1959
Survivor Benefits provided under Section 21574 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on term
insurance rates, for survivors of all local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract to cover the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
12. Contributions required of Public Agency and its employees shall be subject to
adjustment by Board on account of amendments to the Public Employees' Retirement
Law, and on account of the experience under the Retirement System as determined by
the periodic investigation and valuation required by said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to
which said contributions refer or as may be prescribed by Board regulation. If more or
less than the correct amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct payments
between the employee and the Board.
B. This amendment shall be effective on the day of , 19
s
BOARD OF ADMINISTRATION , , CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF ATASCADERO
BY f J BY 1 3
KENNETH W. MAIV ON, CHIEF PRESIDING OFFICER
4
ACTUARIAL &EMPLOYER SERVICES DIVISION �'y
PUBLIC EMPLOYEES' RETIREMENT SYSTEM =<a
Witness Date p
y '
Attest:
Clerk
AMENDMENT 900103
PERS-CON-702A(Rev.8\96)
ITEM NUMBER: C-1
- i
DATE: 11/25/97
{_ lfl
City Mana er's Agenda Report
Wade G. McKii ney
Providing Workers' Compensation Coverage for
Authorized Volunteers and Appointed Officials
Pursuant to Labor Code § 3363.5
RECOMMENDATION:
Staff recommends the City.Council Adopt Resolution No. 107-97, to provide
workers' compensation coverage to volunteers and appointed officials,
pursuant to Labor Code §3363.5 and repeal Resolution No. 7-93.
DISCUSSION:
Resolution 7-93 was previously adopted, specifically excluding volunteers from workers'
compensation coverage. Since then, the City has only used volunteer services from programs
such as the American Association of Retired Persons(AARP) and Retired Senior Volunteer
Program(RSVP) as well as a number of programs through local high schools, colleges and trade
schools. These pro gr s cover their volunteers for workers' compensation. A volunteer not
affiliated with such a pragram that is subsequently injured while volunteering is required to
complete a City Liabili Claim form. That process as opposed to workers' compensation, can
be more costly and cun bersome for both the volunteer and the City. Due to the potential for
uncontrollable costs, st has limited the use of volunteers to only those who are covered under
one of the above-menti ned programs.
In recent years, due to imited funding, we have found the need to expand the use of volunteers.
Yet we have been unab a to use individuals not affiliated with a program, and have had to tum
down their services when offered. Individuals in the community have approached City staff
volunteering their servi es for a particular project or a limited duration of time. Their ability to
volunteer, not only hells them"give back"to the community, many times it is done to enhance
their resume for futureemployment. Some individuals are in transition between jobs and we
could benefit from their expertise. In that respect, the City's ability to use volunteers becomes a
win-win situation. We get the needed service at no cost and the volunteers received the necessary
experience to obtain ga nful employment and/or the satisfaction of giving back the their
community.
900IL04
ITEM NUMBER: C-1
DATE: 11/25/97
The workers' compensation process is a no fault system, and would be a volunteer's exclusive
remedy for damages sustained the event of an injury. As the employer, the City is able to seek
proper medical attention and through our third party administrator,better control the costs of the
incident.
If Resolution No. 107-97 is adopted, staff will develop a policy that designates the types of duties
and assignments that can be made to volunteers. There will also be parameters including, but not
limited to,the minimum number of hours that must be donated, and the duration of the work to be
completed. By having certain job restrictions, the City will be better able to control undesirable
volunteers from abusing our system and becoming worker compensation claimants that are
difficult to control.
Staff is recommending covering volunteers under workers' compensation to streamline the
process of addressing injuries to volunteers. -Also the workers' compensation system is less
adversarial than forcing an individual to file a claim as their only remedy for damages.
FISCAL IMPACT:
At this time,there will be no increased costs to the City, as the premium for workers'
compensation is derived through a fixed percentage(based upon past claims experience) of gross
payroll figures. Volunteers do not draw a salary, so the insurance premium will not increase. In
the future, if there are numerous or costly claims from volunteers, the cost impact will be
analyzed, and may reflect in an increase to the premium paid through an increase in the percentage
amount. This would not occur for at least five years, as that is the minimum amount of history
that can be captured to analyze the impact.
ALTERNATIVES:
Staff has information from a separate insurance company that would provide up to $25,000
medical coverage for volunteers. -The cost for 50 volunteers would start at about $500.00 per
year. The coverage is limited to a maximum payment of$25,000 per person, as an excess
insurance. If the person had some other insurance by any other provider, it would be primary.
The City would also still be liable for any other"damages" claimed by the volunteer, which would
put us back in the Liability Claim form arena.
RESPONSIBLE DEPARTMENT: Administration-Personnel"Division
ATTACHMENTS:Resolution No. 107-97
000105
RESOLUTION NO. 107-97
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
ELECTION TO PROVIDE WORKERS' COMPENSATION COVERAGE
FOR AUTHORIZED VOLUNTEERS AND APPOINTED OFFICIALS
PURSUANT TO LABOR CODE§3363.5 AND
REPEAL RESOLUTION NO.7-93
WHEREAS,the City encourages volunteerism in all aspects of City services and recognizes that
insurance coverage in the event of an accident is an important inducement for volunteering;and
WHEREAS,the City has an ongoing need for the services that may be provided by authorized
volunteers and appointed officials; and
WHEREAS, the City Council must specifically authorize access to criminal history for all employees
per Penal Code §11105;and'',
NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero that:
1. All authorized volunteers and appointed officials are deemed employees of the City, and are entitled to
workers' compensation coverage as provided by law.
2. The City Council does hereby elect to extend workers' compensation coverage pursuant to L.C. §3363.5
to all authorized volunteers and appointed officials while performing beneficial services to the City.
3. Authorization for access to criminal history is given pursuant to Penal Code §11105,as previously
adopted by Resolution No. 31-89 ,to include volunteers and appointed officials as employees.
4. Resolution No. 7-931 and all resolutions in conflict with the foregoing are hereby repealed. This
Resolution will take';immediate effect.
PASSED AND ADOPTED at the regular meeting of the City council of the City of Atascadero held on the
25th of November, 1997.
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON, City Clerk RAY JOHNSON,Mayor
APROVED AS TO FORM:
ROY A.HANLEY,City Attorney
')OU106
ITEM NUMBER: C-2
DATE: 11/25/97
'n n,n n ■
1918 � 19 97a7
CADF��
City Manager's Agenda Report
Wade G. McKinney
Report on Atascadero Creek/River Gardens Drainage Issues
RECOMMENDATI N:
City Council direct staff to work to obtain technical and financial support from the Army Corps
of Engineers to study and develop a flood plain management plan for Atascadero Creek. Direct
staff to include for bu get consideration for next fiscal year. It is further recommended to work
with the Atascadero Mutual Water Company to effect erosion control measures in the section of
Atascadero Creek in the River Gardens area.
DISCUSSION:
Background: On September 23, 1997, Mr. Ernest Porter addressed the City Council and raised
concerns regarding the impact of development in the Atascadero Creek watershed. He.expressed
his belief that continuing development increases the runoff into Atascadero Creek and mentioned
concerns about potential flooding in the River Gardens area. The City Council directed staff to
report back on the subject.
Summary: Staff has researched a number of planning, engineering,jurisdictional, and
maintenance issues related to the concerns expressed by the River Gardens area residents. It is
the staffs belief that it ould be very difficult for the City of Atascadero to reasonably prevent
property owners in the tascadero Creek watershed from developing their property in response to
the issues identified by the River Gardens area residents. It seems clear that the City has no such
legal obligation. Further,the City cannot prevent naturally occurring floodwaters. However,the
City would like to miti ate potential drainage problems to the extent that they may relate to
Atascadero Creek and c lsewhere in the City.
A major issue involves the City's ability to perform an extensive analysis of Atascadero Creek
and preparing a compr ensive,flood plain management plan. The Assistant City Engineer
estimates that a study o this nature would cost in excess of$100,000. We have contacted the
U.S.Army Corps of En ineers to seek technical and financial assistance in accomplishing the
flood plain managemen study. The Army Corps of Engineers has considerable experience in
assessing the effects of banization on riparian watershed and preparing management plans.
Our contact with the C rps has yielded two possible means of financing the study. The first
possibility would involve the use of Section 206 funds. The funds can be used for the
development of flood p ain management studies costing up to $100,000. If the subject study
c
')0030'7
ITEM NUMBER: C-2
DATE: 11/25/97
indeed costs more than$100,000, as estimated,the City could apply for Section 22 funds. The
Section 22 program requires a 50%match. Both of the funds would be administered under a
cooperative agreement between the City and the Corps of Engineers.
A representative of the Corps of Engineers has indicated that he would be available for a site visit
to Atascadero in January of 1998. Staff intends to gather more information on the development
of a flood plain management plan by working with the Corps of Engineers.
The Atascadero Mutual Water Company owns the Creek reservation through the River Gardens
area. The Mutual Water Company currently has projects about to get underway to mitigate
erosion of creek banks and property in the River Gardens area. The Water Company has three
projects which addresses some of the erosion concerns inthearea. They are as follows;
A) A permit is pending on a project to install dike spurs(Rip Rap)south of Buena
Avenue. This project is designed to stem erosion in the area and actually build up
some sediment deposits to prevent the loss of property near the confluence of the
Salinas River and Atascadero Creek.
B) The Water Company is working in cooperation with the Land Conservancy of San
Luis Obispo County and the Atascadero Native Tree Association to replant the
creek bank with native trees and vegetation near the Porters'home to re-establish
native plants and to stabilize the bank. The project will also mitigate erosion of
the creek bank
C) The Water Company is working to obtain permits from the U.S.Army Corps of
Engineers tore-slope the banks of Atascadero Creek from approximately
Sycamore Avenue 300' feet downstream. The project involves sloping both sides
of the Creek to a 2:1 or 3:1 slope to reduce erosion and facilitate the flows of the
Creek. Re-vegetation of the area with native plants is also planned.
FISCAL IMPACT:
To be determined after consulting with the U.S. Army Corps of Engineers.
ALTERNATIVES:
No action--it seems prudent to investigate all resources for the preparation of a flood plain
management plan until it can be determined that the study is not necessary or not financially
feasible. However,these determinations cannot be made at this time.
RESPONSIBLE DEPARTMENTc Department of Community Services
')00108
ITEM NUMBER: C-3
DATE: 11/25/97
min e;i s
1918 1978 -
City Manager's Agenda Report
Wade G. McKinney
Information Bulletin
A. North County Council - The planned meeting of representatives from Atascadero, Paso
Robles and Templeton has not occurred. The Paso Robles City Manager has been unable
to meet due to personal issues. The meeting is now scheduled for December 8".
B. Joint City Cou cils Meeting - The joint city councils meeting has been tentatively
rescheduled fr m January 22"d to January 8`". The Mayor's group is deciding the final
date and location at their next meeting.
C. Em to ee U d te:
Abernathy, avid P Time Relief Zoo Keeper Resignation, 10/15/97
Cendro, Jams P/Time fire Reserve Resignation, 10/23/97
Gordon, Cheryl F/Time Sr. Bldg. Inspector Reclass., 10/27/97
Heinemann, lial P/Time Seasonal Firefighter Resignation, 10/27/97
Krauss, Karl P%Time Fire Reserve Re-hired, 10/14/97
O'Farrell, Terry F/Time Police Officer Hired, 10/27/97
Plowman, Sheri P/Time Zoo Camp Instructor Resignation, 10/15/97
Riggio, Jame P/Time Fire Reserve Re-hired, 10/30/97
000109