HomeMy WebLinkAboutAgenda Packet 06/13/2000 AGENDA
IM 5"
ATASCADERO CITY COUNCIL MEETING
TUESDAY, JUNE 139 2000
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation:
Sa. City of Atascadero v Billings
b. City of Atascadero v Atascadero Unified School District
2. Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service
Employees Intl. Union Local 620, Atascadero Police Assoc.
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Luna
Council Member Scalise
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Atascadero High School Championship Golf Team—Mayor Johnson will present a
Proclamation to the team.
2. EMS Distinguished Service Certificate Recipient- Mayor Johnson and Fire Chief
McCain will recognize Fire Captain/Paramedic Keith Aggson.
3. Fire Prevention Inspection Program—Fire Chief McCain will recognize Fire
Captain/Paramedic Peter Gaw for his outstanding performance in the development of this
program.
4. Stork Pins—Fire Chief McCain will present stork pins to Public Safety employees who
assisted in the birth of Shaylyn Coy on April 30, 2000.
COMMUNITY FORUM:
(This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda.)
COUNCIL ANNOUNCEMENT AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda)
1. Election Signs—Review and Approve Ad Hoc Committee's Recommendations
■ Fiscal Impact None
■ Ad Hoc Committee recommendation: Council review and approve the proposed
memo,press release, notice and code of campaign conduct
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be 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 removed from the consent calendar and will be considered in the listed `
sequence with an opportunity for any member of the public to. address the Council
concerning the item before action is taken.)
1. City Council Minutes—May 23, 2000
■ City Clerk recommendation: Council approve the City Council minutes of May 23,
2000 [City Clerk]
2
2. General Municipal Election—November 7, 2000
Fiscal Impact: $9,200 (estimated)
■ City Clerk recommendations:
1. Council adopt draft Resolution, calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 7, 2000;
and
2. Council adopt draft Resolution, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election to
be held on November 7, 2000. [City Clerk]
3. El Camino Real Rehabilitation Project—from Santa Rosa to Palomar Ave.
■ Fiscal Impact: S408,300 (Fund 500 =STIP)
■ Staff recommendation: Council authorize the Mayor to execute an agreement and
Change Order No. 1 with R. Burke Corp. to construct an asphalt concrete overlay
and appurtenances on El Camino Real,from Santa Rosa Road to Palomar Avenue
[Public Works]
4. Establish 35 MPH Speed Limit—on Atascadero Avenue from Curbaril to Portola
■ Fiscal Impact: $100
■ Staff recommendation: Council adopt draft Resolution, establishing a 35 mile speed
limit on a portion ofAtascadero Avenue [Public Works]
5. Del Rio Road/Graves Creek Bridge—Earthquake Retrofit Improvements—Bid No. 99-05
■ Fiscal Impact $10,200
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Whitaker Contractors, Inc. to construct earthquake retrofit improvements on the Del
Rio Road/Graves Creek Bridge [Public Works]
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Human Services Grants - Approve allocation of Human Services Grants
■ Fiscal Impact: $10,000
■ Staff recommendation: Council approve Human Services Grants to the agencies and
in the amounts recommended by the Finance Committee [City Manager's office]
2. Designate Visitors & Conference Bureau Board Member
■ Fiscal Impact: None
■ Staff recommendation: Council appoint the City Manager or his disignee to the San
Luis Obispo County Visitors & Conference Bureau Board [City Manager's office]
3. Comprehensive Financial Strategy
Fiscal Impact: None
Staff recommendation Council review the Comprehensive Financial Strategy and set
June 27, 2000 as a public hearing for "the Annual Operating and Capital Budgets
[Administrative Services]
3 ,
4. Information Bulletin
A. General Plan Neighborhood Workshop Update
B. Employee Update
C. Attachments
L Atascadero Chamber of Commerce-Activities and Programs
D. ATTORNEY REPORTS:
1. United Methodist Church Deferred Improvement Agreement
■ Fiscal Impact: None
■ City Attorney recommendation: Council authorize only two changes to the previously
approved agreement to defer construction of the improvements required of the United
Methodist Church [City Attorney]
E. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Water Committees:
a. SLO County Flood Control & Water Conservation District Water Resources
Advisory Committee
b. Nacimiento Water Purveyors' contract Technical Advisory Committee
C. North County Water forum
4. Integrated Waste Management Authority
5. North County Council
6. Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
10. Economic Opportunity Commission
11. North County Homeless Coalition
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON JUNE 27,2000
AT 7:00 P.M.
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.
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in theorderof the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office(Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5010,or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
• the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address(not required)
• Make your statement
• All comments should be made to the Mayor and Council
• All comments 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,and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item,"COMMUNITY 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 not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum (unless changed by the Council).
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 communication to the City Manager's office in City Hall prior to the deadline.
C MMEND
D ATION TO ATASCADERO HIGH SCHOOL
CHAMPIONSHIP GOLF TEAM
JUNE, 2000
WHEREAS, One of Atascadero's greatest sources of community
pride is Atascadero High School's outstanding athletic programs; and
WHEREAS, This year, the Atascadero High School produced a golf
team that was the undefeated Los Padres League Champions; and
WHEREAS, The team compiled an overall record of 16-2 under
Coach Sam DeRose; and
WHEREAS, The golf team is the CIF Northern Region Champions;
and
WHEREAS, The golf team took second place in the CIF Southern
Section Championship; and
WHEREAS, The student athletes on the golf team have distinguished
themselves as outstanding golfers and sportsmen; and
WHEREAS, The City Council of the City of Atascadero congratulates
the members of the golf team for their remarkable achievements;
NOW, THEREFORE, I, Ray Johnson, Mayor of the City of
Atascadero, take pleasure in hereby commending the Atascadero High
School Golf Team for their success on the golf course and contributions to
their school and their community.
Ray Johnson, Mayor
City of Atascadero, California
June 13, 2000
001
DATE: 06/13/2000
• 1918 � �� 19 9
Atascadero City Council
Staff Report - City Manager's Office
Election Signs
RECOMMENDATION:
Council review and approve the proposed memo, press release, notice and code of campaign
conduct.
DISCUSSION:
During the City Council's March 28, 2000 meeting, Mayor Johnson established an ad hoc
committee to review Atascadero's Code, policies and methods of enforcement concerning the
• issue of election signs. The committee consisted of Mayor Johnson, Council Member Mike
Arrambide, City Manager Wade McKinney, City Attorney Roy Hanley, City Clerk Marcia
Torgerson, Police Chief Dennis Hegwood, and Atascadero News Editor Lon Allan. The
committee met twice; reviewed the existing documents concerning election signs and discussed
possible alternatives.
Conclusion: The committee concluded:
1. The City needs to clarify the issue and educate the media, City staff and future candidates
concerning election signs.
2. The City needs to educate the public about their right to remove unwanted signs from
their own property.
3. The City needs to enforce Code violations concerning election signs.
FISCAL IMPACT: None
ATTACHMENTS:
1. Memo to employees concerning election signs
2. Press release concerning election signs
3. Memo to candidates concerning elections signs
4. Code of campaign conduct
002
C1 of Atascadero
From the Office of the City Manager
Date: June 14, 2000
To: All Employees
From: Wade G. McKinney, City Manager
Subject: Election Signs
The election is fast approaching and campaigns will be in full swing. If you have any
specific questions about the process, please feel free to contact City Clerk Marcia
Torgerson or myself. There may be questions from the public regarding election signs.
The City's rules regarding signs are attached for your information. We will be providing
this information to each campaign chairperson and the local media.
If you receive a call or are questioned, the following will be important information for
you:
❑ You may advise people that they can place or remove signs on their own property S
including the right of way/roadway in front of their property. They may not remove
signs from other people's property without appropriate permission.
❑ You may provide the name and phone number of the campaign chairperson of the
appropriate campaign.
❑ If the caller is reporting an illegal sign under the City's Ordinance (too large, on a
vehicle or in an unsafe location) take down their name, phone number, location of the
illegal sign, name of the campaign and their complaint. Report this information to the
Community Development Department. The Community Development Department
will contact the appropriate campaign chairperson and request to seek compliance
with the City's Code. If compliance is not achieved within seventy-two (72) hours
the Department will issue a citation.
❑ Signs located on City property will be removed. An exception would be temporary
signs during a specific event such as at the Lake Park.
If you have any further questions please call City Clerk Marcia Torgerson.
003
City of Atascadero
News Release
FOR IMMEDIATE RELEASE
Contact Person: Wade McKinney
City of Atascadero
(805) 461-5010
City Issues Reminder
about Election Signs
The election is fast approaching and campaigns will be in full swing. This means
election signs will be popping up around town. The City has asked each campaign to
place signs only where they have the permission of the property owner. You may remove
signs from your property including from the roadside in front of your property.
The City prohibits election signs over thirty-two (32) square feet, or on a vehicle where
the vehicle is parked for the primary purpose of displaying the sign. You can report
illegal signs to the City's Community Development Department at 461-5035.
The City will notify the appropriate campaign that they must comply with the City's sign
rules. If compliance is not achieved within seventy-two (72) hours the Community
Development Department will issue a citation.
004
0
CITY OF ATASCADERO
1979
OFFICE of the CITY CLERK
June 14, 2000
Candidate and/or Campaign Committee Chairperson
The City of Atascadero has several regulations affecting election signs and they are listed
on the attached Code of Campaign Conduct. The City of Atascadero asks that you
review and sign the attached Code of Campaign Conduct.
The City encourages you to make certain that you have the appropriate permission before
placing signs on private property (including the right of way/roadway in front of private
property). Signs placed on City property will be removed. An exception would be
temporary signs during a specific event such as at the Lake Park.
If you place an illegal sign in the City, the Community Development Department will
contact you with a seventy-two (72) hour notice to correct the violation. If you fail to
correct the violation they will issue a citation.
Also attached is a list of candidates/committees and a contact person. If you notice
illegal signs or signs placed inappropriately, please advise the appropriate campaign.
If you have any questions about the sign regulations please contact the Community
Development Department at 461-5035.
Thank you in advance for your cooperation.
Sincerely,
Marcia McClure Torgerson
City Clerk
/in
6500 PALMA AVENUE • ATASCADERO,CA 93422 • (805) 461-5074 005
CITY OFATASCADERO
CODE OF CAMPAIGN CONDUCT
1. I shall fully comply with the current Atascadero Municipal Code, Title 9, Chapter 15,
pertaining to signs. Specifically:
a. Campaign signs will not exceed 32 square feet in size (§9-15.003(c)(10).
b. Campaign signs will be placed on properties up to sixty (60) days preceding the
election and will be removed seven (7) days following the election (§9-
15.003(c)(10).
c. Campaign signs will not be placed on vehicles when the vehicle is parked or
placed for the primary purpose of displaying said sign(§ 9-15.003(d)(8).
d. Prohibitions:
1. Signs on trees or utility poles (§ 9-15.003(d)(6).
2. Roof signs (§ 9-15.003(d)(5).
3. Portable signs not permanently affixed to the ground or a building, except
portable signs 32 sq. ft. or less are exempted (9-115.003(d)(9) and 9-
15.003(c)(10)).
4. Inflatable signs (9-15.003(d)(10).
2. Campaign signs will only be placed on properties where I and/or my committee have
received permission from the property owner/responsible party. Campaign signs may be
placed in the public right-of-way between the private property and the public road as long
as permission has been granted by the private property owner/responsible party. (see 94
below)
3. Campaign signs will not be placed on any City owned or leased property including, but
not limited to, City Hall, Police Department, Fire Department, Sunken Gardens, Lake
Park, and Paloma Creek Park. An exception to this would be temporary signs during a
specific event.
4. Signs that constitute a traffic hazard, and therefore are a nuisance, are subject to
abatement.
5. I shall accept responsibility if I or any of my committee members are contacted
concerning any violations of this Code of Campaign Conduct. I will make sure we
respond immediately and eliminate the violation.
If I or any of my committee members are aware of any violations of this Code of Campaign
Conduct by another candidate or campaign committee, I will call the candidate and/or campaign
committee and report the violation. If the violation is not resolved in a timely manner, I will
contact the Atascadero City Clerk.
I, the undersigned, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to
conduct my campaign in accordance with the above principles and practices.
Signature Date
Print Name Print Title (Candidate,
Treasurer or Chairperson
of a committee)
006
ITEM NUMBER: A-1
DATE: 06/13/2000
MINUTES
1918 ® 1979
ATASCADERO CITY COUNCIL MEETING
TUESDAY, MAY 239 2000
7:00 P.M.
PLANNING COMMISSION INTERVIEWS: 5:15 P.M.
Mayor Johnson called the meeting to order at 5:20 p.m. All Council Members were present.
The Council interviewed the six candidates and unanimously appointed Jonelle Norton to the
Planning Commission.
Mayor Johnson adjourned the interview session at 6:58 p.m.
• REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:04 p.m. The Pledge of Allegiance was
performed during the Redevelopment Agency meeting.
ROLL CALL:
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham
Staff Present: Assistant City Manager Brady Cherry, Police Chief Dennis Hegwood,
Fire Battalion Chief Fred Motlo, Finance Director Rachelle Rickard,
Public Works Director Steve Kahn, Principal Planner, Community
Services Manager Geoff English and City Attorney Roy Hanley
• APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide.
Motion passed 5:0 by a roll-call vote.
007
City Clerk Marcia McClure Torgerson reported that the Council interviewed six candidates
for the Planning Commission vacancy and unanimously voted to appoint Jonelle Norton to
the Commission.
PRESENTATIONS: •
1. Proclamation declaring June 12& 13, 2000, "Special Olympics-Law Enforcement Torch
Run Days."
Police Officer Brian Berry accepted the proclamation and on behalf of the Atascadero Police
Department and Law Enforcement Statewide. He stated that this event is a wonderful event and
the enthusiasm of the participants makes supporting the event quite rewarding.
2. Proclamation declaring May 21 through May 27, 2000, "National Public Works Week."
Public Works Director Steve Kahn accepted the proclamation.
COMMUNITY FORUM:
Ann Ketcherside, P.O. Box 941, stated that she is opposed to the City enforcing the nuisance
ordinance pertaining to the storage of junk on citizen's properties. She also expressed opposition
to the City keeping motorcyclists out of the Salinas River.
Frank Kock, 9545 Lakeview Drive, said that he wanted to comment about the article in the .
Atascadero News concerning the last Planning Commission meeting. He expressed
disappointment with some of the statements made by a few of the Planning Commissioners
which stated that they, the Planning Commission, do not have the right to say what homes look
like and it would be an abuse of power to do so. Mr. Kock disagreed and stated that the residents
near the Lake do not want to see two homes that look the same to be built on the corner of Santa
Rosa and Lakeview. He encouraged the Council to ask the developer to change one of the
home's design.
Mayor Johnson closed the Public Comment period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay suggested we have coffee available at Council meetings again. The entire
Council agreed.
Council Member Luna asked about the issue Mr. Kock brought up about the homes near the
Lake. Mr. Hanley stated that an appeal of a Planning Commission decision would be necessary
to bring the issue before the Council. Principal Planner Warren Frace stated that because part of
the issue was a request to rezone the property, it will automatically come before the Council.
Council Member Luna announced the 3F Meadows neighborhood had a meeting with Charter
Communications. It was agreed that Charter would take down the cable but requested that they
would not have to go back to the neighborhood to reinstall. Mr. Luna reported that Charter will
be coming before the Council to receive a dispensation that will not require them to reinstall.
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Page 2 008
A. CONSENT CALENDAR:
1. City Council Minutes—May 09, 2000
■ City Clerk recommendation: Council approve the City Council minutes of May 09,
2000 [City Clerk]
2. Treasurer's Reports—October 1999—January 2000
■ City Treasurer recommendation: Council review and accept the Treasurer's Reports
for October 1999—January 2000[City Treasurer]
3. Transfer of Liquor License—7055 El Camino Real (Rite Aid)
■
Fiscal Impact: None
■ Staff recommendation: Council determine that the transfer of liquor license between
existing Rite Aid stores will serve public convenience [Community Development]
4. Weed Abatement—Awarding of Contractor Bid
■
Fiscal Impact: None
■ Staff recommendation: Council award contract to Jack R. Bridwell[Fire]
5. Participation in Regional Commercial Recycling Education Program
■ Fiscallmpact: None
■ Staff recommendation: Council adopt the draft Resolution, approving participation
in the regional commercial recycling education program [Public Works]
6. Portola Road Overlay Project—Project No. 98-07
■ Fiscal Impact: S316,491.03
■ Staff recommendation: Council accept the Portola Road Overlay Project as complete
and authorize the Administrative Services Director to release the project retention in
the amount of$29,153.58 [Public Works]
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Luna to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
#A-4: Contract No. 2000-011.
#A-5:Resolution No. 2000-017.
B. PUBLIC HEARINGS:
1. Weed Abatement—Hearing of Objections
■
Fiscal Impact: None
■ Staff recommendation: Council hear and consider all objections and allow or
overrule any objections. Following the hearing, it is recommended the Council
authorize the Fire Chief to proceed and perform the work of abatement[Fire]
Fire Battalion Chief Fred Motlo stated that June 6th is the final date for voluntary weed
abatement. The Fire Department will begin inspections on June 71h
Mayor Pro Tem Arrambide asked if there are going to be any more burn days. Battalion Chief
Motlo responded, no.
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Battalion Chief Motlo stated that the Department does a visual inspection of all properties within
the city beginning April 1St
There was no Public Comment.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to authorize the Fire Chief to proceed and perform the
work of abatement.
Motion passed 5:0 by a voice vote.
C. MANAGEMENT REPORTS:
1. Atascadero Masonic Temple/Printery Building Options
■ Fiscal Impact: Undetermined saving of staff time
■ Staff recommendation: Council direct staff to prepare the necessary agreements and
documents to return ownership of the Atascadero Masonic Temple/Printery Building
to the Atascadero Masonic Temple Association and to initiate the process to allow
retention of ownership of the George C. Beatie Skate Park [Community Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council.
Mayor Johnson asked Lon Allan, president of The Atascadero Historical Society, to explain to
the Council the status of the Printery building's registration as-a historical building.
Lon Allan stated the Society is taking the steps to have the Printery building registered as a
historical building.
Mayor Pro Tem Arrambide asked what usage is allowed for the building and what are the retrofit
requirements. Mr. Cherry stated that the original usage intent was as a Youth Center and other
miscellaneous uses, but it would probably be best if it was discussed again with the Masons. Mr.
Hanley agreed with Mr. Cherry regarding the usage and stated that regarding the retrofit, it
would be our responsibility.
Council Member Scalise asked what the year-to-comply is for retrofit. Mr. Cherry said the
deadline is based on the City's own timeframe.
Council Member Luna expressed concern that we would give back the building when we do not
have any solid uses for a Youth Center. He asked staff what grant opportunities we have. Mr.
Cherry responded that Atascadero Recreation Center Committee (ARCC) hired a grant writer to
apply for the California Youth Authority Grant; however, they were unsuccessful.
The Council discussed the options available to them.
PUBLIC COMMENT
Bill Berry, 8325 Portola Road, representative of the Masonic Association, stated the Masons 0
were concerned when they heard the City is considering another alternative for a Youth Center.
He said that they are aware of the financial concerns the City is dealing with but would like to
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Page 4 010
know what direction the City is heading on this matter. He expressed concern that if the building
is classified as historical it may restrict their liberty with building usage.
Council Member Clay asked Mr. Berry if he would approve of an ad hoc committee to provide
the direction. Mr. Berry said, absolutely.
Mayor Pro Tem Arrambide asked how much of the second floor space the Masons use. Mr.
Berry stated that they only use the lodge room.
Council Member Scalise asked if prior to the agreement with the City the Masons applied to
have the building registered as a historical building. Mr. Berry said, no.
Bob West, 7820 Aragon, asked if the City has earthquake insurance on the Printery building.
Mr. Cherry responded the City was unable to acquire earthquake insurance as no company will
insure an unreinforced masonry building for earthquakes.
Mayor Johnson closed the Public Comment period.
There was Council consensus to direct staff to develop an ad hoc committee of service
organization representatives to review alternatives for the future of the Printery building.
2. Information Bulletin
A. Atascadero Community Link
B. Employee Update
D. ATTORNEY REPORTS:
1. Request for Authorization to Retain the Services of Deborah J. Fox, of Fox and Sohagi,
LLP—for Services as Special Counsel Regarding Regulation of Adult Businesses
■ Fiscal Impact:
■ City Attorney recommendation: Council authorize the Mayor and the City Attorney
to execute the letter agreement with Fox and Sohagi,for the provision of services as
special counsel on issues relating to the regulation of adult businesses
City Attorney Roy Hanley gave his report and answered questions of Council.
There was no Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Clay to
authorize the Mayor and the City Attorney to execute the letter
agreement with Fox and Sohagi, for the provision of services as
special counsel on issues relating to the regulation of adult businesses.
Motion passed 5:0 by a roll-call vote.
(Contract No. 2000-012)
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D. COMMITTEE REPORTS:
Finance Committee
Council Member Luna announced they meet on Friday to discuss the Human Resource grants.
Water Committees
Council Member Clay stated that the recent issue of water contamination was due to the usage of
jet skis in the water. The usage of the jet skis was stopped, and a second test showed zero
contamination of the water.
Economic Vitality Corporation, Board of Directors
Mayor Johnson stated that they meet tomorrow.
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 8:20 p.m. to the next regular session scheduled on June
13, 2000, at 7:00 p.m.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Melanie Whaley Deputy City Clerk
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ITEM NUMBER: A-2
DATE: 06/13/2000
n
1918 ! 1979
Atascadero City Council
City Clerk Report
General Municipal Election
November 7, 2000
RECOMMENDATIONS:
1. Council adopt draft Resolution, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday,November 7, 2000.
2. Council adopt draft Resolution, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November 7,
2000.
DISCUSSION:
The General Municipal Election will be held on Tuesday,November 7, 2000. The terms of three
Council Members, George Luna, Jerry Clay and Wendy Scalise, will expire in November 2000.
The City Council must adopt a resolution to initiate the election process. Also, to combine our
election with the County, the Council must adopt a resolution requesting consolidation with the
County.
FISCAL IMPACT:
The General Municipal Election is estimated to cost approximately $9,200.00.
ATTACHMENTS: Draft Resolutions
013
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO,CALIFORNIA,CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY,NOVEMBER 7,20-00
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on November 7, 2000, for the election of
Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General law Cities, there is called and ordered to be held in the City of Atascadero,
California, on Tuesday, November 7, 2000, a General Municipal Election for the purpose of
electing three members to the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that my be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day
of the election and shall remain open continuously from that time until 8:00 p.m. of the same day
when the polls shall be closed except as provided in § 14401 of the Elections Code of the State of
California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the election,
time, form and manner as required by law.
014
City of Atascadero
Draft Resolution
Page Two
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by Council Member and seconded by Council Member
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
015
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO,CALIFORNIA
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN LUIS OBISPO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7,2000,WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE DATE PURSUANT TO
§ 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Atascadero called a General Municipal
Election to be held on November 7, 2000, for the purpose of the election of three members of the
City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date, and that within the city the precincts,
polling places and election officers of the two elections be the same and that the county election
department of the County of San Luis Obispo canvass the returns of the General Municipal Election
and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to
the consolidation of a General Municipal Election with the Statewide General Election on Tuesday,
November 7, 2000 for the purpose of the election of three members of the City Council for a term
of four years each.
SECTION 2. That the County Election Department is authorized to canvass the returns of
the General Municipal Election. The election shall be held in all respects as if there were only one
election,and one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the
County Election Department to take any and all steps necessary for the holding of the consolidated
election.
SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County for any costs.
016
City of Atascadero
Draft Resolution
Page 2
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the county election department of the County of San
Luis Obispo.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion by Council Member and seconded by Council
Member , 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 CONTENT:
Roy A. Hanley, City Attorney
L � �
ITEM NUMBER: A-3
DATE: 06/13/2000
1979
■sus � ia�e
C"
Atascadero City Council
Staff Report - Public Works Department
El Camino Real Rehabilitation Project
RECOMMENDATION:
Council authorizes the Mayor to execute an agreement and Change Order with R. Burke Corp.
to construct the El Camino Real Rehabilitation Project and make the necessary appropriations.
DISCUSSION:
Design of the El Camino Real Rehabilitation Project improvements have been completed. Bids
were received and publicly opened on April 6, 2000. Per the City procurement policies, the
award of the contract requires Council approval.
A bid summary prepared by the City Clerk and an itemized bid summary are included in this
report for reference. The low bid was submitted by R. Burke Corp. in the amount of
$256,256.00.
The bids have been checked for completeness and accuracy. Staff finds R. Burke Corp. to be
the lowest responsible bidder.
The bids received were substantially lower than the funds available for the project. Staff is
requesting authorization expand the boundaries of the project to take advantage of the favorable
unit costs, at a final cost not to exceed the budgeted funds of$408,300. The limits of the project
were from Santa Rosa Road to Palomar Ave. The proposed expansion of the project would be to
the north past Curbaril as far as the funds allow. The modification to this contract will be
accomplished through the Change Order procedures provided in the Procurement and Purchasing
Manual.
i
018
ITEM NUMBER: A-3
DATE: 06/13/2000
FISCAL IMPACT:
PROJECT EXPENDITURES
Design $28,000.00
Construction $256,256.00
Change Order $123,744.00
TOTAL PROJECT EXPENDITURES $408,000,00
PROJECT REVENUES
Funds 500, STIP Funding $408,300.00
TOTAL PROJECT REVENUES $4089300.00
ALTERNATIVES:
1. Award contract
2. Do not Award Contract- Improvements will not be constructed. Deteriorate roadway surface
will not be corrected. The extent of the present damage will be increased by daily vehicle
traffic and future rains, which will necessitate a more expensive rehabilitation or
reconstruction.
ATTACHMENTS:
Attachment A - Bid Summary
Attachment B - Itemized Bid Summary
Attachment C—Map
Attachment D—Draft Agreement
r
019
ci'gty o Atascade* ro
Office of the City Clerk
BID SUMMARY
TO: Steve Kahn,Public Works Director
�t
FROM: Marcia McClure Torgerson,City Clerk
BID NO.: 99-08
OPENED : 04/06/00 2:00 p.m.
PROJECT: El Camino Real Rehabilitation Project
(3) bids were received and opened today, as follows:
Bidder Base Bid
Madonna Construction Co. $258,211.00
P.O. Box 3910
San Luis Obispo, CA 93403
R. Burke Corporation $256,256.00
P.O. Box 957
San Luis Obispo, CA 93406
Whitaker Contractors Inc. $278,789.00
P.O. Box 910
Santa Margarita, CA 93453
Attachments: 3 bids
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VICINITY MAP
EL CAMINO REAL REHABILITATION
City of Atascadero
022
AGREEMENT
For The Construction of the
EL CAMINO REAL REHABILITATION PROJECT
BID NO. 99-08
This agreement is made and entered into this day of 2000, at
Atascadero, California, by and between the City of Atascadero, hereinafter referred to as
"City", and
(name of individual or firm)
hereinafter referred to as "Contractor".
Whereas, the Contractor, as will appear by reference to the records of the Proceedings of
the City, was duly awarded the contract for the Work hereinafter mentioned.
Now, Therefore, it is hereby agreed that:
Article 1 - Witnesseth, that for and in consideration of the payment and agreements
hereinafter mentioned, to be made and performed by said City, and under the conditions
expressed in the two bonds, bearing even date with these present, and hereunto annexed, said
Contractor agrees with said City, at its own cost and expense, to do all the work and furnish
all materials, except such as are mentioned in the Contract Documents to be furnished by the
City, necessary to construct and complete in good, workmanlike and substantial manner the
above-described work in accordance with the Contract Documents as listed herein and are by
such reference made a part hereof.
Article 2 - The said City hereby promises and agrees with the said Contractor to employ, and
does hereby employ, the said Contractor to provide the materials and to do the Work
according to the terms and conditions herein contained and referred to, forthe price aforesaid,
and hereby contracts to pay the same at the time, in the manner, and upon the conditions
above set forth; and the said parties for themselves, their heirs, executors, and administrators.
Article 3 - The said Contractor agrees to receive and accept the price stated in the Bid
Sheet(s) as full compensation for furnishing all materials and for doing all the work
contemplated and embraced in this Agreement; also for all loss or damage arising out of the
nature of the work aforesaid, or from the action of the elements, or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the Work
until its acceptance by the said City and for all expenses incurred by or in consequence of the
suspension or discontinuance of the Work; and for well and faithfully completing the Work, •
and the whole thereof in the manner and according to the requirements of the Contract
Documents therefore, and the requirements of the Engineer under their terms, to wit:
023
EL CAMINO REAL REHABILITATION PROJECT AGREEMENT
BID NO.99-08 PAGE 1 OF 4
Article 4 - It is expressly agreed by and between the parties hereto that the Contract
Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of
Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid
Security, Non-Collusion Affidavit,Agreement, Faithful Performance Bond, Labor and Materials
Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to
Proceed, Special Provisions, and the project Plans.
In addition, all,Change Orders and Work Directive Changes authorizing additions, deletions,
m or modificatios, and all appendices, bulletins and addenda as prepared prior to the date of
opening Bids setting forth any modifications or corrections or interpretations of any of said
documents. In the event of any conflict between the provisions thereof, the terms of said
documents shall control over each other in the following order:
1. Agreement
2. Change Orders and Work Directive Changes
3. Addenda
4. Notice To Bidders
5. Contract Proposal
6. Special Provisions
7. Contract Plans
8. City of Atascadero Standard Specifications and Drawings
9. State of California Department of Transportation Standard Specifications, July 1992,
or the latest edition thereof.
Article 5 - The Contractor agrees to commence work pursuant to this Contract within TEN
(10) WORKING DAYS from the date specified in the Notice to Proceed, and to diligently
prosecute the same to completion within FORTY (40) WORKING DAYS from the date of
commencement as specified in the Notice To Proceed.
Article 6 For any withhold of amounts earned by the Contractor (under Paragraph 2), the
Contractor may substitute securities as provided in Section 22300 of the Public Contract Code,
as amended, which states in part as follows:
Provisions shall be included in any invitation for bid and in any contract documents to
permit the substitution of securities for any moneys withheld by a public agency to ensure
performance under a contract, provided that substitution of securities provisions shall not
be required in contracts in which there will be financing provided by the Farmers Home
Administration of the United States Department of Agriculture pursuant to the
Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where
federal regulations or policies, or both, do not allows the substitution of securities. At the
request and expense of the contractor, securities equivalent to the amount withheld shall
be deposited with the public agency, or with a state or federally chartered bank in
California as the escrow agent, who shall then pay such moneys to the contractor. Upon
satisfactory completion of the contract, the securities shall be returned to the contractor.
024
EL CAMINO REAL REHABILITATION PROJECT AGREEMENT
Rin Nn 49119 CAC-F ')flG d
Alternatively, the contractor may request and the owner shall make payment of retentions
earned directly to the escrow agent at the expense of the contractor. At the expense of the
contractor, the contractor may direct the investment of the payments into securities and
the contractor shall receive the interest earned on the investments upon the same terms
provided for in this section for securities deposited by the contractor. Upon satisfactory
completion of the contract, the contractor shall receive from the escrow agent all
securities, interest, and payments received by the escrow agent from the owner, pursuant
to the terms of this section. The contractor shall pay to each subcontractor, not later than
20 days of receipt of the payment, the respective amount of interest earned, net of costs
attributed to retention withheld from each subcontractor, on the amount of retention
withheld to ensure the performance of the contractor.
Securities eligible for investment under this section shall include those listed in Section
16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit
accounts, standby letters of credit, or any other security mutually agreed to by the
contractor and the public agency.
The contractor shall be the beneficial owner of any securities substituted for moneys
withheld and shall receive any interest thereon.
The escrow agreement entered into must be substantially similar to the form included in
Public Contract Code Section 22300(e). The contractor shall obtain the written consent
of the surety to such agreement.
If any provision of this Section shall be declared by a court of law to be illegal or
unenforceable, then, notwithstanding, this Section shall remain in full force and effect
(exclusive of the illegal or unenforceable provision).
025
EL CAMINO REAL REHABILITATION PROJECT AGREEMENT
BID NO.99-08 PAGE 3 OF 4
In Witness whereof, the parties to these present hereunto set their hands on the date first
above written.
CITY OF ATASCADERO CONTRACTOR
By: By:
Wade G. McKinney (name of firm or individual)
City Manager
(signature)
Attest:
(printed name)
Marcia M. Torgerson (title)
City Clerk
Approved as to form:
Roy A. Hanley
Interim City Attorney
Approved as to content:
15?T6U� �, -AY�-J
City Engineer
026
EL CAMINO REAL REHABILITATION PROJECT AGREEMENT
BID NO.99-08 PAGE 4 OF 4
ITEM NUMBER: A-4
DATE: 06/13/2000
isle ® 1e
Atascadero City Council
Staff Report - Public Works Department
Establishment of Speed Limit—Atascadero Avenue
RECOMMENDATION:
Council adopt the draft Resolution, which formally establishes a speed limit on a portion of
Atascadero Avenue from Portola Road to Curbaril Avenue.
DISCUSSION:
On January 26, 1999, Council adopted Resolution No. 1998-062 setting speeds on various
streets. At that time the speed limit on Atascadero Avenue from Portola Road to Curbaril Avenue
was raised from 35 MPH to 40 MPH.
Engineering and Speed Surveys are conducted to determine the "critical speed", that is, the top
speed at which 85% of the vehicles are traveling to establish speed limits. Once the critical
speed is determined, the posted speed is generally set within 5 miles per hour of this speed,
unless circumstances exists which justify further reduction. The factors considered in such a
reduction are: limited design speed, limited sight distance, accident problems, substandard cross-
section, poor intersection spacing, poor driveway characteristics, heavy pedestrian activity.
Staff is recommending that the appropriate speed for this section of Atascadero Avenue is 35
MPH. The reason for this reduction is limited sight distance and poor driveway characteristics.
This reduction also establishes a consistent speed limit from Morro Road to Portola Road.
FISCAL IMPACT:
The fiscal impact of this action is approximately $100.00 to be paid out of currently budgeted
funds.
ATTACHMENTS: Draft Resolution
li 2 w/
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ESTABLISHING A 35 MILE SPEED LIMIT
ON THE PORTION OF ATASCADERO AVENUE FROM PORTOLA
ROAD TO CURBARIL AVENUE
WHEREAS, Section 4-2.501, et. seq, of the Atascadero Municipal Code allows
the City Traffic Engineer, through an engineering and traffic survey, to determine the
appropriate speed limit for streets within the City; and
WHEREAS, an engineering and traffic determined that the appropriate and safe
speed is 35 miles per hour (MPH) on Atascadero Avenue between Curbaril Avenue and
Portola Road.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings to indicate a 35
MPH speed limit in the area noted on attached Exhibit A.
On motion by Council Member , and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA MCCLURE TORGERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
e28
Ir
XHIBIT
It
XN �` �•--'' �+�, rte____. !f
E , 1
V
if ,tr! •� �t i i }} 'h � j !f
f ,. 35 MPH / /1
j)
Curbalril Avenu
'gt i till, ff j� �i f �f 1�� •����,
It
t ��` i ;/ ♦ 40 MPH ,t , it i
Proposed 35 MPH ` }
jj } 1
Ij} f � � �SS tt}ttj {
1 �
} ! 41 35/25 MPH
School Zone l
III tit
r-
ITEM NUMBER: A-5
DATE: 06/13/2000
■ ®ii i,®
19Y8 1979
C"
Atascadero City Council
Staff Report - Public Works Department
Del Rio Road/Graves Creek Bridge
Earthquake Retrofit Improvements
Bid No. 99-05
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Whitaker Contractors, Inc. to
construct the Del Rio Road/Graves Creek Bridge Earthquake Retrofit Improvements at a
maximum cost of$10,200.00 and make the necessary appropriations.
DISCUSSION:
Design of the Del Rio Road/Graves Creek Bridge Earthquake Retrofit Improvements have been
completed.
This project was advertised and scheduled for bid opening on February 10, 2000. No bids were
received at that time. Subsequently, Staff was instructed to contact several local contractors and
request informal bids. Whitaker Contractors, Inc. was the only respondent. Their bid has been
checked for completeness and accuracy and Staff finds it to be reasonable for the work to be
performed.
Consistent with City procurement policies, the award of the contract requires Council approval.
030
ITEM NUMBER: A-5
DATE: 06/13/2000
FISCAL IMPACT:
PROJECT EXPENDITURES
Construction $8,500.00
Contingencies @ 10% $850.00
Construction Engineering (Inspection, Contract $850.00
Administration, Survey, Soils Testing) @ 10%
TOTAL PROJECT EXPENDITURES $10,200.00
PROJECT REVENUES
HBRR Funds $20,000.00
TOTAL PROJECT REVENUES $20,000.00
ALTERNATIVES:
1. Award contract
2. Do not Award Contract — Seismic retrofit improvements will not be constructed, increasing
the possibility of damage to the bridge during an earthquake.
ATTACHMENTS: Whitaker Contractors, Inc. Proposal
031
AGREEMENT
for construction of the
EARTHQUAKE RETROFIT OF THE GRAVES CREEK BRIDGE ON DEL RIO ROAD
This agreement is made and entered into this day of 20 , at Atascadero, California,
by and between the City of Atascadero, hereinafter referred to as "City", and
(name of individual or firm)
hereinafter referred to as "Contractor".
Now, Therefore, it is hereby agreed that:
Article 1 -Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be
made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these
present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work
and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City,
necessary to construct and complete in good, workmanlike and substantial manner the above-described work in
accordance with the Contract Documents as listed herein and are by such reference made a part hereof.
Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the
said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained
and referred to, for the price aforesaid, and hereby contracts to pay the same at the time; in the manner, and upon the
conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators.
Article 3 -The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s) as full compensation for
furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or
damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by
the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and
for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements
of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit:
Article 4- It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the
Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing
Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor
and Materials Bond, Maintenance Bond, Workers Compensation Certificate, Notice of Award, Notice to Proceed,
Special Provisions, and the project Plans.
In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all
appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or
corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof,
the terms of said documents shall control over each other in the following order:
1. Agreement
2. Change Orders and Work Directive Changes
3. Addenda
4. Notice to Contractors
5. Proposal
6. Special Provisions
7. Contract Plans
8. City of Atascadero Standard Specifications and Drawings
9. State of California Department of Transportation Standard Specifications,July 1992, or the latest edition
thereof.
039'20
CITY OF ATASCADERO AGREEMENT
Article 5 -The Contractor agrees to commence work pursuant to this Contract within (10)WORKING DAYS from the
date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time limit
forth in the Special Provisions from the date of commencement as specified in the Notice To Proceed.
Article 6-For any withhold of amounts earned by the Contractor(under Paragraph 2), the Contractor may substitute
securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follows:
Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of
securities for any moneys withheld by a public agency to ensure performance under a contract, provided that
substitution of securities provisions shall not be required in contracts in which there will be financing provided b,,
the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated
Farm and Rural Development Act(7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both,
do not allows the substitution of securities. At the request and expense of the contractor, securities equivalent to
the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in
California as the escrow agent, who shall then pay such moneys to the contractor. Upon satisfactory completion
of the contract, the securities shall be returned to the contractor.
Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the
escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the
investment of the payments into securities and the contractor shall receive the interest earned on the investments
upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory
completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and
payments received by the escrow agent from the owner, pursuant to the terms of this section. The contractor sha
pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest
earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withhek
to ensure the performance of the contractor.
Securities eligible for investment under this section shall include those listed in Section 16430 or bank or s
and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any of er
security mutually agreed to by the contractor and the public agency.
The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive
any interest thereon.
The escrow agreement entered into must be substantially similar to the form included in Public Contract Code
Section 22300(e). The contractor shall obtain the written consent of the surety to such agreement.
If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then,
notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable
provision).
0
033
CITY OF ATASCADERO AGREEME
EARTHQUAKE RETROFIT OF THE GRAVES CREEK BRIDGE ON DEL RIO ROAD Page 2 of 3 Pag
In Witness whereof, the parties to these present hereunto set their hands on the date first above written.
CITY OF ATASCADERO CONTRACTOR
By: By.
Ray Johnson, Mayor (name of firm or individual)
(signature)
Attest:
(printed name)
Marcia M. Torgerson
City Clerk
(title)
Approved as to form:
Roy A. Hanley
City Attorney
App ed as to content:
r
--
City Engineer
C34
CITY OF ATASCADERO AGREEMEr
ITEM NUMBER: C- 1
DATE: 06/13/2000
■,g I'm Q
y
iris e e 19 a�
Atascadero City Council
Staff Report - City Manager's Office
Human Services Grants
RECOMMENDATION:
Council approve Human Services Grants to the Agency's and in the amounts recommended by
the Finance Committee in Attachment A.
DISCUSSION:
Background: The City Council authorized a Human Services Grant program, where annually
$10,000 is available to assist local service providers. The providers must meet a series of
eligibility criteria in the competitive process. The Finance Committee reviewed the applications
and has made the attached recommendations.
Twenty-nine applications were received requesting $43,229.00. All of the applications complied
with the City's criteria and all were worthy of funding. The application review and award of
money were difficult for the Committee. Sixteen applications are recommended for full or
partial funding as can be seen on Attachment A. The complete applications are available for
review in the City Clerk's office.
FISCAL IMPACT:
The program is budgeted at$10,000.
ATTACHMENTS: Attachment A - Recommendations
035
ITEM NUMBER: C- 1
DATE: 06/13/2000
CITY OF ATASCADERO
Human Services Grant Recommendations - 2000
AGENCY NAME Prior Year Request Recommendation
ADCare, Adult Day Services Center $500.00 $200.00
American Red Cross, SLO Co. Chapter $500.00 $500.00 $500.00
Assistance League of SLO Co. $750.00 $2,000.00 $700.00
Assure A Cure, Inc. $1,200.00 $0.00
Atascadero Community Link $1,000.00 $1,000.00 $850.00
Atascadero Loaves & Fishes $1,000.00 $2,000.00 $900.00
Atascadero Pre-School Association $0.00 $3,500.00 $0.00
Camp Golden Heart $6,500.00 $0.00
Caring Callers $200.00 $200.00 $200.00
Creative Alternative for Learning & Living $0.00 $1,200.00 $900.00
EOC 40 Wonderful Program $750.00 $0.00
EOC Homeless Shelter $625.00 $750.00 $750.00
EOC Mentoring Program $750.00 $0.00
EOC Senior Health Screening Program $725.00 $1,000.00 $0.00
Family Services Center $250.00 $750.00 $0.00
Food Bank Coalition $1,000.00 $0.00
Homeless Housing Project $800.00 $2,500.00 $800.00
Hospice of SLO County $500.00 $2,000.00 $0.00
Hotline of SLO County $500.00 $1,000.00 $500.00
North County Connection $0.00 $2,000.00 $0.00
North County Women's Shelter $1,500.00 $3,000.00 $1,500.00
OPTIONS $0.00 $3,000.00 $0.00
RSVP $500.00 $500.00 $500.00
SLO Co. Arts Council $0.00 $1,050.00 $0.00
Senior Legal Services Project $250.00 $879.00 $250.00
Senior Nutrition Program $1,500.00 $300.00
Senior Peer Counseling Program $400.00 $400.00 $0.00
The Youth Network, Inc. $1,200.00 $850.00
Transitions Mental Health Association $600.00 $300.00
TOTAL $9,500.00 $43,229.00 $10,000.00
036
ITEM NUMBER: C-2
DATE: 06/13/2000
lal8 la8
Atascadero City Council
Staff Report - City Manager's Office
Designate Visitors & Conference Bureau Board Member
RECOMMENDATION :
Council appoint the City Manager or his designee to the San Luis Obispo County Visitors &
Conference Bureau Board.
DISCUSSION:
Attached is a request from the San Luis Obispo Count Visitors & Conference Bureau VCB to
q P Y (VCB)
appoint a staff representative to their Board. The VCB has developed a Tourism Strategic Plan
to focus their efforts and mission. One of the action plans was to expand the Board of Directors
to include members form the funding municipalities.
Staff is recommending appointment of the City Manager or his designee so that the appropriate
staff person could be assigned as the issues evolve with the VCB. At times the VCB will
concentrate on specific tourism items like the Zoo, Pavilion or Lake Park and the Community
Services Director would represent the City. Other times it may be tourism as it relates to
economic development and the Community and Economic Development Director would be the
representative. The City Manager would be present when general policy issues are reviewed.
ALTERNATIVES:
1. Appoint a specific staff member. This alternative was not recommended as it reduces the
City's flexibility. The City is one of the smaller contributors and is not likely to have
significant influence over the Board, therefore it would be desirable to send specialized staff
to meetings based upon the agenda in an effort to increase Atascadero's effectiveness.
2. Appoint a Council Member. This alternative was not recommended because the VCB
requested a staff representative.
3. Decline the position. This alternative was not recommended because the City does contribute
to the VCB and could benefit by participation.
ATTACHMENTS:
Request from the Visitors & Conference Bureau C►3 7
IVED
MAY 3 0 2000
CITY OF AT ASCA D'J-ER0
May 26, 2000 CITY MAPAGER'S OFFICE
San Luis Obispo County
The Honorable Ray Johnson Visitors L� Conference BurOCiu
City of Atascadero
6500 Palma
Atascadero CA 93423
Dear Mayor Johnson:
As a result of one of the recommendations from the Tourism Strategic Plan written this past
January, the VCB Board of Directors has voted to expand the size of our Board to include
representation from the funding municipalities. These designated government positions will have
full voting rights with a term length for as long as the municipality financially supports the VCB.
This change is effective July 1, 2000.
The VCB Board has determined that the representative should be a management level staff person
responsible for economic development and/or tourism for the City of Atascadero.We would like
the City Council to appoint the representative as soon as possible so that they can attend our July
26`h Board of Directors meeting. As soon as we know your representative, we will provide them
with a full calendar of meeting dates and other orientation materials.
In other funding news, I am excited to report that we are expecting 100% of the municipalities to
participate with the VCB this year. The City of Arroyo Grande, having never funded the VCB in
the past, has voted unanimously to support the Economic Strategy that includes funding the San
Luis Obispo County VCB. This decision allows us to fully promote the county and all that it has
to offer.
We have some exciting opportunities waiting for us this year with increased partnerships and
marketing tools to build greater awareness of the county as a destination. By leveraging your
dollars with the county VCB, Atascadero is benefitting many times more than the initial
investment.
I look forward to working with the representative from the City of Atascadero who will
contribute to the development and direction of tourism promotion in the county.
Sincerely,
Jonni Biaggini
Executive Director
t\
cc'Wade McKinney
1037 Mill Street.San Luis Obispo.California 93401 (805)541-8000 FAX:(805)543-9-+98 Web:San LuisObispoCounty.com C1 J 8
ITEM NUMBER: C-3
DATE: 06/13/2000
ttair,a a a
iais a > >s e
Atascadero City Council
Staff Report - Administrative Services Department
Comprehensive Financial Strategy
RECOMMENDATION:
Council review the Comprehensive Financial Strategy and set June 27, 2000 as a public hearing
for the Annual Operating and Capital Budgets.
DISCUSSION:
Attached is a draft Comprehensive Financial Strategy used to prepare the 2000-01 Annual
Operating and Capital Budgets. The Strategy was initially drafted and reviewed in 1998 and
representing the Council's first written financial strategy. The document has been updated and
refined as additional information has become available and as the City's new financial computer
system has come on line. Small foundational steps have been taken to strengthen the City's
financial condition consistent with the strategy. These steps have led to a healthy organization
where the City has been establishing necessary replacement and operating reserves and even
funding projects that have been deferred for many years.
This years budget will include funding for street repairs and some equipment purchases targeted
by the Council. Staff believes that having a Comprehensive Financial Strategy was an essential
first step to the recovery we are now in. As with all strategies, this draft is a work in progress
ATTACHMENTS: Comprehensive Financial Strategy
039
0
r
Atascadero
Comprehensive Financia/ Strategy
June 2000
•
opo
City of Atascadero
Financial Strategy 2000-01
Introduction:
The City of Atascadero has been rebuilding from the devastating financial conditions of the early
1990's. As an organization we understand there is no single `'fix" to our financial problems.
The solution lies in many small steps and improvements throughout our organization. The
responsibility to rebuild the organization is shared community wide, but as the City Council and
City employees we agree to be the leaders in this effort. The robust economy has augmented the
City's efforts to recover and this presents a potentially greater challenge as the organization must
maintain a conservative strategy in a time of high expectations to create a sustainable future and
not repeat the mistakes of the past.
As with all successful businesses, we need a plan. A Comprehensive Financial Plan is one of the
first steps in building a solid foundation upon which to build the future. The City first adopted a
Financial Strategy in 1998 and the results of having a plan have become clear. The City has
focused its resources and improved its financial condition dramatically.
The Financial Plan should be both general and specific. That is to say the plan should identify
actions and describe our current belief of the organizational needs. However, as we complete the
studies and analysis of our organization, we are likely to uncover additional information and
issues to refine our direction and efforts. The plan requires periodic updating to insure the City's
financial strategy remains current and reflects the priorities of the citizenry.
The first section of the plan reviews some of the major revenues for the City. Nearly 60% of the
City's revenue comes from property and sales taxes. The historical and regional information
regarding the revenues is presented here.
The second section analyzes several operating costs and the associated reserves. The
organization must retain some reserves to deal with cash flow issues, personnel, equipment,
liabilities, the rainy day and others. Having a prudent plan to deal with ongoing operating costs
and reserves will allow the Council and community to understand and discuss levels of risk in
the City's financial operation. That is to say, do we want a reserve big enough to operate on for
a year, six months, or just to cover cash flow? When do we want to be able to replace roads or
buildings?
The third section sets forth the City's fiscal policies. These policies guide our budget process,
projects, purchases and general City business. The City has taken a variety of steps to improve
the City's financial condition including formation of the Redevelopment Agency, new financial
hardware and software, Strategic Planning, State Hospital annexation and employee involvement
in the budgeting process. There is still much to do.
As we noted, all businesses must have a plan to succeed. This plan keeps our focus toward our
real mission for the future and has helped us build a new foundation. The plan is dynamic and
we expect change. Improvements will occur and we invite ideas from anyone and everywhere.
Our underlying belief is that through our collective knowledge and teamwork we can build a
stronger financial foundation that will withstand adversity.
041
Atascadero
Comprehensive Financia/ Strategy
lune 2000
Section 1- Significant Revenues �
042
Atascadero June 2000
Comprehensive Financial Strategy
Section 1,Page 1
Property Tax, Sales Tax and Motor Vehicle License Fees
Introduction:
This section reviews the City's Property and Sales Tax revenues. Property and sales taxes are
the two largest revenue sources for the General Fund. Property tax has historically been local
revenue.
The County collects Property Tax and the City's proportionate share is distributed to the City
after December of each year. In 1979, one year before the City's incorporation, California voters
passed Proposition 13 limiting general property taxes to 1% of the assessed value of property.
Prior to Proposition 13, property tax had been the major revenue to cities. In the early 1990's the
State took away a portion of the local property taxes to balance the State budget. This had an
impact on Atascadero of approximately $300,000 a year, growing annually. The State also
approved legislation authorizing counties to charge cities an administrative fee for tax collection.
Currently, Property Tax represents nearly 28% of the General Fund revenue. In 1998-1999 the
City paid $63,570 in administrative fees to the County.
Sales Tax represents 28% of the General Fund revenue. All businesses within the City of
Atascadero collect 7.25% sales tax on taxable purchases and remit the tax to the State of
California. The City receives 1% and the State retains 6.25%.
Analysis:
The graph below depicts the City's Property Tax history since 1990. The City receives 17.7% of
the 1% Property Tax assessed against each property. A single-family house with a value of
$250,000 would mean $442 in revenue to the City. A commercial or industrial building with a
value of$5 million would mean $8,850 in revenue to the City. The cost of one Police Officer for
one day is approximately $447.
3000000
2500000
2000000
A
y 1
R
WD
�.�
1500000MA 011 M
;
y ,
1000000
500000 -
0
00000 0 y,
I I I R
. 1989- 1990- 1991- 1992- 1993- 1994- 1995- 1996- 1997- 1998-
90 91 92 93 94 95 96 97 98 99
Is Property Tax 1 043
Atascadero June 2000
Comprehensive Financial Strategy
Section 1, Page 2
The graph below depicts the City's Sales Tax history since 1990 and a comparison between the
actual Sales Tax revenue and the level of Sales Tax if it had followed the Consumer Price Index
(CPI) for the same years. As can be seen, actual sales tax revenue is slightly ahead of the CPI
increase of the same years. This may suggest that Atascadero is beginning to improve.
Actual Sales Tax revenue N Est. Sales Tax with CPI
2,500,000
2,000,000
,
�3 W
1,500,000h
. .
IW
IT
� s- 2-
1,000,000 .
500,000 r
89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99
The bar chart below depicts the Sales Tax per capita received by each of the cities in the county
for 1998-99. As can be seen, San Luis Obispo and Paso Robles are higher than the other cities.
The countywide average of Sales Tax per capita is $132.19 in 1998-99. Atascadero is well
behind at only $93.64 per capita, $38.55 below the county average. Paso Robles Sales Tax per
capita is $177.00, that is $83.36 higher than Atascadero. The North County average (Atascadero
and Paso Robles) is $135.32, still well above Atascadero.
Arroyo Grande
Atascadero ��,
Grover Beach ;
Morro Bay
Paso Robles ys ,u„_. M ..
Pismo Beach -s
San Luis Obispo , V4'—A 4;1�aU O
0 50 100 150 200 250
113 Sales Tax/capita
C4
Atascadero June 2000
Comprehensive Financial Strategy
Section 1,Page 3
The table below illustrates the potential scenarios of Atascadero's Sales Tax revenue using the
per capita average for North County, the County and Paso Robles. As an example, if Atascadero
received the same Sales Tax per capita as the average for the North County, the City would
receive $3,416,830 or $1,052,183 more than is currently received.
Atascadero North Caurty County Paso Robles
,
Sa2eII
sTaxlea rtas $93.64 $135.32 $132.19 $177.00
,P
P6tential--Sales` 3,416,830 3,337,797 4,469,250
Tax Reuenues
Current Sales '. <2,364,647> <2,364,647> <2,364,647> <2,364,647>
Tax revenue
Increased Sales' 1,052,183 973,150 2,104,603
Tax revenue :—';
Motor Vehicle License Fees
The City receives approximately 13% of its revenues from the State in the form of Motor
Vehicle License fees. The revenue source is not protected by statute and the State has reduced
the reserve in recent years. Currently, the State provides a reduced fee to the taxpayer and
supplements funds to the City to make up for the loss.
Conclusion:
Atascadero should oppose any efforts by the State to further erode Property Tax as local revenue.
The City should carefully consider the retail industry in its economic development plans.
Property Tax and Sales Tax combine for nearly 60% of the City's revenues. These areas should
be explored further to enhance the City's financial condition. The City should monitor the
State's efforts concerning the motor vehicle license fees and oppose any attempts to reduce the
cities' revenue from this source.
0.45
Atascadero
Comprehensive Financia/ Strategy
lune 2000
Section 2 - Operating Capita/ Costs �
and Reserves
Q<46
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page i
Operating and Capital Costs
This section analyzes some of the operating and annual costs facing the City. Staff intended to
focus on the major costs to insure the community, Council and employees understood the
magnitude of the costs of the City's operation. The information developed within the following
pages has been verified to the extent possible. However, as more information becomes known or
as experience modifies the facts or assumptions, the information will be modified. The intent is
one of information; to provide general facts about significant business concerns facing the City.
This information is essential to establishing a practical financial strategy.
This section of the report discusses issues surrounding Building Replacement, Leave Accruals,
Technology Replacement/Maintenance, Street Maintenance, Equipment Maintenance and
Vehicle Replacement.
The research into these areas illustrates the need for reserve funds to deal with these business
costs. The following table summarizes the findings contained in the Sections. The 2000-01
Reserve Fund Strategy is the proposal contained in the draft budget. The Annual Reserve Fund
Requirement is the annual need for each of the areas if the City was able to provide full funding.
The Reserve Deficit is the amount of money that should have been placed in the reserve find to
date.
Annual Reserve Fund Reserve 2000-01 Reserve Ending Balance
Requirement Deficit Fund Strategy
Building $ 507,720 $ 7,793,200 $ 240,000 <$ 8,060,920>
Replacement
Leave 161,506 1,286,786 0 <1,448,292>
Accruals
Street 750,000 21,946,400 2,068,200 <20,628,200>
Maintenance
Technology 83,890 29,040 83,890 <29,040>
Replacement
Vehicle
Replacement 259,205 1,419,230 259,205 <1,419,230>
Equipment 114,320 918,470 40,000 <992,790>
Replacement
TOTAL $1,876,641 $33,393,126 $2,691,295 <$32,578,472>
e.Ei7
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 2
Building Replacement
Introduction:
City of Atascadero owns approximately 23 different buildings in the various City departments in
addition to the Wastewater Treatment Plant. They range from the historic Administration
Building to restrooms in the parks to buildings at the wastewater plant. This section deals with
the building replacement responsibilities of the City and analyzes the current inventory of
buildings, the life expectancy and replacement.
Analysis:
Each building was reviewed to determine original cost, age and condition of structure, and
remaining life. This has been a difficult analysis. Little information exists about the buildings
and because of the City's financial problems, needed maintenance in many areas was not
completed. If the maintenance was completed even at this time, it may improve the life of the
facility and the information outlined in this section. We used a simple 30-year amortization of
the original cost for most buildings. This assumption does not mean each building would be
replaced in 30 years, but those funds would be available to extend the building life until its useful
life had expired. The City owns some buildings that do not follow industry standards or pose
significant problems to calculating useful life. The City Administration Building is perhaps the
best example. The building could not be replaced in today's dollars. Even setting aside the
historical significance of the structure, the detail and workmanship present in the building could
only be replaced at extremely great cost. The State Capitol was a project similar in nature, and
while that project was much larger, it would take a similar effort to replace the City Hall.
Therefore it is difficult to develop costs. Staff has considered the building cost using several
different approaches:
❑ Consider the approximate value of the building ($9,400,000) and amortize it over an
extended life expectancy (50 years).
❑ Create a value of annual maintenance that would insure the building would be useful
for an extended period of time and include specific expenses such as earthquake
retrofit.
❑ Value the building consistent with typical public building construction and closely
monitor the reserves for potential problems.
❑ Identify a financial goal that should be set aside for a building reserve and calculate
an annual amortization schedule to achieve that goal.
All of this information is used to develop the annual building costs to be charged to each
department and necessary reserve balances. No funds have been set aside for building reserves.
Staff has estimated the Accumulated Reserve Deficit by determining the amount of the life of the
building that should have already been placed into reserve. In addition, we have calculated the
amount that should annually be placed into a reserve account to fund major repairs and
replacements necessary to maintain the building and to fund the building's replacement at the
end of its useful life. The current and annual reserve liability for building replacement is as
follows:
048
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 3
City Department Accumulated Reserve Estimated Annual
Deficit 06/30/00 Reserve
Administration $5,009,300 $200,000
Fire 425,600 28,050
Parks 106,450 11,020
Pavilion 441,600 57,680
Police 459,200 45,920
Recreation(Printery) 735,900 43,330
Streets 103,300 4,830
Wastewater 0 90,000
Zoo 511,850 26,890
TOTAL $7,793,200 $507,720
Conclusion:
It is the City's goal to fully fund building replacement, however, the City did not fund building
replacement prior to July 1, 1998, except in the wastewater account. Therefore, there is a
substantial liability currently existing for all City fiends. Staff began charging a building
occupancy fee to all enterprise fiends and to use a building occupancy factor in creating an
overhead rate. As the general fund financial condition improves, each department will annually
contribute its proportionate share to a building replacement reserve. In 2000-01 the City will
begin finding the reserve with $150,000 in addition to the current year improvements. This
issue will be revisited annually. As the City can take more aggressive steps to fund the reserve,
the strategy will be modified.
049
Atascadero June 2000
Comprehensive Financia( Strategy
Section 2, Pale 4
Leave Accruals
Introduction•
The City of Atascadero has a full-time equivalent staff of 107 employees that accrue paid leave
time. Leave includes vacation, holiday, compensation time earned (CTE), furlough,
administrative leave and sick leave. This section deals with the leave accrual balances and how
they translate into non-funded liabilities for the City.
Analysis:
Once accrued, vacation and CTE become a liability to the City, as they must be paid in full to the
employee upon separation. Holiday, furlough, administrative leave and sick leave are treated
differently, depending on the negotiated terms of the bargaining unit for each classification.
Currently, most employees in a classification on the full-time salary schedule, accrues a floating
holiday as of January 1 S` annually. This is a "use it or lose it" benefit. If it is not used within the
calendar year that it accrues, it is zeroed out. Other holiday time earned becomes the property of
the employee and is accrued until it is used or the employee terminates. Generally employees
that«•ork non-traditional shifts can accrue holiday time, e.g., police, fire, parks and zoo staff.
Furlough and administrative leave are only paid out as cash to an employee if they leave
employment. Those hours accrue on a fiscal year basis and must be used within the fiscal year.
All employees are eligible for sick leave incentive. Once a minimum of 48 days is accrued, the
employee is eligible for a pay-off of up to one-third of unused hours for that year. This is done
on an annual basis. There are currently three groups of employees that are eligible to be paid for
half of their accrued sick leave hours upon separation of employment if, 1) they have five or
more continuous years of service and 2) they leave employment in good standing.
The figures below represent the cash liability of the total number of hours banked. The annual
reserve liability as of June 30, 1999 is as follows:
City Total Leave Annual Change in
Department Liability Leave Liability
Administration $ 36,788 <$15,661>
Administrative Services 17,933 12,112
Community Development 35,434 <62,198>
Community Services 149,231 19,830
Fire 396,751 24,664
Police 447,778 <1,377>
Public Works 202,871 <1,213>
TOTAL $1,286,786 <$23,843>
Conclusion:
It is the City's goal to fully fund leave liabilities. The current strategy is to book the annual
increase in "current" accruals and pay for turnover cost from current operations. The City will
evaluate annual strategies to reduce the liability including the repurchase of some of the time or
expansion of the benefit programs. This issue will be reviewed annually and as funds permit, the
strategy will be modified.
050
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 5
Street Maintenance
Introduction:
City of Atascadero is responsible for maintaining approximately 140 miles of roadway. This
network represents a substantial investment by the City. This section deals with the street
maintenance responsibilities of the City and analyzes the current inventory of streets, the
condition, the life expectancy and repair/replacement.
Analysis:
A field survey of City maintained roadways was performed to estimate the current condition of
pavement. The survey collected and inventoried information for over 250 segments of roadway.
Visual estimates were made of pavement distress in each segment. The PMSPro pavement
management computer program developed by Pavement Engineers, Inc. was used to evaluate the
condition of the existing pavement based on the observed levels of distress. The program uses
the pavement survey data to calculate a Pavement Condition Rating (PCR) for each segment of
road surveyed.
The PCR is the prime determinate for selecting rehabilitation strategies and for computing
rehabilitation and maintenance costs. The program uses a set of deterioration curves to adjust the
PCR values from the year of the survey to the year under consideration. Roads that have a PCR
above 80 will typically have a smooth ride, light cracking and would require little maintenance.
Roads that have a PCR below 20 would typically have a poor ride, severe cracking or other signs
of distress and would require more extensive measures for rehabilitation. The following table
provides current PCR values for representative roadway segments:
ROADWAY SEGMENT PCR
Traffic Way ECR - Olmeda PCR 81
Santa Lucia Ardilla - San Andres 61 PCR 80
Atascadero Ave. Curbaril - Santa Rosa 41 PCR 60
San Anselmo ECR - Del Rio 21 PCR 40
Santa Ysabel Curbaril - Pueblo PCR 20
The average PCR for the City's roadway network in 1997 was 58. In order to maintain the
average PCR of the City's roadway at 58, approximately $750,000 to $1,000,000 annually is
required. The total amount of deferred rehabilitation in 1997 was estimated to be $23,000,000.
There are a variety of approaches that can be used to rehabilitate the roadway system. Staff has
been evaluating options and conducted a public study session in 1999. An action plan is being
presented to Council with the 2000 Strategic Plan and a roads report will be presented to Council
in July. Staff continues to investigate additional funding sources, as it is clear that the existing
sources are inadequate to fund this size of a commitment. 51
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 6
City Department Accumulated Reserve DeficitEstimated Annual Reserve
Street Maintenance $21,946,400 750,000— 1,000,000
Conclusion:
It is the City's goal to fully fund street rehabilitation, however, the City deferred the funding for
many years and finds itself in a severe deficit position. The Public Works Department has been
reinstated and a greater staff commitment will be placed on actual pavement repair as opposed to
other public works duties. The City will target revenues toward streets and make an initial
commitment, with a goal to expand the funding in future years incrementally. The $100,000
received by the General Fund from the Orange County settlement, will be used for street repairs.
In addition, Staff will continue to investigate alternative funding for street maintenance.
052
Atascadero June 2000
Comprehensive Financial Strategy
Section 2,Page 7
Technology Replacement/Maintenance
Introduction:
City of Atascadero owns approximately 100 computers in the various City departments. The
computers and associated software make-up a technology system that is crucial to the day to day
operations of the City. The system represents a total value of$452,310, including the specialized
software for finance. The police system still requires upgrades. This section deals with the
current technology replacement responsibilities of the City.
Analysis:
Each department was reviewed for the number of computers and associated software. As
technology emerges so quickly, it is difficult to maintain accurate values. The City began
finding replacement and maintenance reserve for technology in 1998. This evaluation assumes
that the required hardware and software upgrades will continue to occur within the annual
reserve set aside for technology. The City's system requires a designated reserve because the
organization is dependent on the continued operation. The reserve will be developed within the
replacement/maintenance budgets. The annual cost to provide for replacement and maintenance
of the technology system are as follows:
Annual Hardware
City Department & Software Funding Required
Replacement
Administrative Services 17,810 10,540
City Council 450 110
City Manager 3,900 5,540
Community Development 12,410 10,970
Community Services 6,670 20,200
Fire 5,350 17,590
Police 21,640 51,350
Public Works 5,170 9,780
Technology 10,040 13,140
Treasurer 450 110
TOTAL $83,890 $139,330
Amount available for replacement 110,290
Deficit as of 6-30-00 $29,040
Conclusion:
It is the City's goal to maintain a technology fund that will provide for the replacement and
upgrading of technology as needed. The City began funding technology replacement in the 1998-
99 budget. This year the City will begin fully funding the technology operations and reserve.
Computers will be replaced or added as needed and the City will continue to fund the entire
replacement schedule. We expect that this will result in a growing reserve that will provide for
future purchases and reduce the organization's risk of computer failure. r
U�3
Atascadero June 2000
Comprehensive Financial Strategy
Section 2,Page 8
Vehicle Replacement
Introduction:
City of Atascadero owns 63 vehicles in the various City departments. The rolling stock
represents a total value of $2,939,250 that must be replaced as its useful life expires. This
section deals with the vehicle replacement responsibilities of the City and analyzes the current
fleet of vehicles, the length of service expected from those vehicles, and replacement costs
necessary to keep the City current with expected operating costs.
Analysis:
Each department was reviewed for the number of vehicles required, the age of the vehicles and
the life expectancy. That information was used to develop the estimated replacement costs of
each vehicle in the City's fleet. We have determined the Accumulated Reserve Deficit by
determining the amount of the life of the vehicle that should have already been placed into
reserve. In addition, we have calculated the amount that should be placed into a reserve account
annually to fund the vehicle's replacement at the end of its useful life. The current and annual
reserve liability for vehicle replacement is as follows:
City Department Accumulated Reserve Estimated
Annual Reserve
Community Development <$ 20,400> 6,720
Community Services <36,850> 3,800
Fire <1,073,930> 79,375
Police <279,440> 87,350
Public Works <343,780> 24,260
Transit <185,970> 35,720
Wastewater 0 21,980
TOTAL <$1,940,370> $29,205
Amount available for replacement 521,140
Ending Balance <$1,419,230>
Conclusion:
It is the City's goal to fully fund vehicle replacement. However, the City has not funded vehicle
replacement through June 30, 1997, except in the wastewater account. Therefore, there is a
substantial liability currently existing for all City funds. Staff proposes to realign the vehicles to
best meet citywide needs and to continue to fund annual reserve amounts in the vehicle
replacement fund. This issue will be revisited annually, as the City can take more aggressive
steps to fund the reserve, the strategy will be modified.
G54
Ir
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 9
Operating and Capital / Policies Reserves
Introduction:
These recommendations build on the analysis contained in this section and add some additional
financial concerns. The areas identified in the first section translate into necessary reserves to
sustain the long-term financial strength of the community. As the basic costs of the business are
realized, strategies must be developed to set aside appropriate funds to deal with the issues.
Additionally, funds must be reserved for cash flow, contingencies and emergencies.
This report is important, especially to an organization like Atascadero that has experienced many
consecutive years of financial hardship and is in the early years of recovery. It is difficult to
begin establishing reserves, let alone fund a major reserve deficit from years of not saving.
Cash Flow Analysis:
Staff has researched the spending patterns in the last four fiscal years. This includes a monthly
review of revenue and expense patterns. The research shows the maximum cash flow need
expected to be 51,500,000. The following amounts represent the maximum cash flow
requirement for the years indicated:
1995 1996 1997 1998
$1,527,649 $784,139 $944,475 $1,521,890
A reserve for cash flow occurs because of the timing of the City's revenues and expenses. The
City has the most cash on hand in April after it has just received its property tax revenues and
wastewater fees. During the summer and fall the City does receive sales tax and motor vehicle
fees, however, it is incurring more expenses for capital projects, fire reserves, recreation
programs, etc. In other words, the City's receipts go down from April through November while
the City's disbursements go up during the same period.
C5�
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 10
Equipment Replacement
Introduction:
This section is added in the 2000-01 fiscal year. City staff has completed a comprehensive
inventory of equipment with a value of $1,000 or more. The equipment is essential to the
operation of the City and many pieces of equipment assist in life safety. The City has not had a
program of equipment replacement, although the Fire Department has had a departmental
program. The strategy is to develop a listing of the equipment and work toward a program where
replacement is funded annually, allowing the City to stay current with equipment.
Analysis:
Each department was reviewed to create a master inventory of equipment with a value over
$1,000. The equipment was then reviewed to determine original cost, age and condition, and
remaining life. This has been a difficult analysis. No inventory information existed prior to this
effort. Most equipment was simply depreciated over its useful life. This assumption does not
mean each piece of equipment would be replaced, but those funds would be available to extend
its useful life.
Staff has considered replacement cost in calculating the annual funding required. Equipment that
would not be replaced or that is purchased through a grant program is not included in the
replacement calculations. All of this information is used to develop the annual equipment costs
to be charged to each department and necessary reserve balances. No funds have been set aside
for equipment reserves. Staff has estimated the Accumulated Reserve Deficit by determining the
amount of the life of the equipment that should have already been placed into reserve. In
addition, we have calculated the amount that should annually be placed into a reserve account to
fund the building's replacement at the end of its useful life. The current and annual reserve
liability for equipment replacement is as follows:
City Department Accumulated Reserve Estimated Annual
Deficit 06/30/00 Reserve Required
Administration 7,050 400
Fire 222,260 42,570
Public Works 199,080 13,360
Police 301,770 29,970
Community Services 171,920 23,820
Community Development 13,990 3,200
City Manager 2,400 1,000
TOTAL $918,470 5114,320
G
Atascadero June 2000
Comprehensive Financial Strategy
Section 2, Page 11
Conclusion:
It is the City's goal to fully fund equipment replacement, however, the City has not funded
equipment replacement prior to July 1, 2000, except in the wastewater account. Therefore, there
is a substantial liability currently existing for all City funds. Equipment is replaced through an
appropriation in the current year budget. As the general fund financial condition improves, each
department will annually contribute its proportionate share to an equipment replacement reserve.
Emergency Contingency:
These funds are normally set aside to deal with the unexpected challenge or emergency. One of
the highest potentials for Atascadero is fire. The manpower needs and back-up equipment can
have a significant effect on the City's financial picture. The City has been funding overtime
within the operational budgets and with only minor events, this has been adequate. The Federal
Emergency Management Agency FEMA has been a great help in flood and fire.
The fund also assists with unexpected changes through the year. As an example, the City
budgets for normal weather years in a drought, water costs may be higher than anticipated and
this fiend would assist the impacted budgets. The City will maintain an emergency reserve of
$100,000.
Liabilities:
Funds are typically set aside to deal with any liabilities the City may face especially in the area
of insurance and litigation. The City has very little current exposure and the reserves set aside in
the Central Coast Cities Self Insurance Fund appear adequate.
Replacement and Maintenance Reserves:
The primary areas where reserves must be focused are summarized in the introduction to this
section. Development of this strategy will be ongoing and targets for City reserves will continue
to be refined. Recommended strategies are as follows:
Reserve Fund Current Strategy
Building Replacement $ 240,000
Equipment Replacement 40,000
Leave Accruals 0
Street Maintenance 873,000
Technology Replacement 83,890
Vehicle Replacement 259,205
Total S 1,496,095
00)7
Atascadero
Comprehensive Financia/ Strategy
lune 2000
Section 3- Fiscal Po/icier �
058
J'
Atascadero June 2000
Comprehensive Financial Strategy
Section 3, Page 1
Fiscal Policies
The budget document allocates City resources such as personnel, materials, and equipment in
tangible ways to achieve the general goals of the community. It is prudent, therefore, for the
City to have in place adopted fiscal policies to guide the City Manager and City Council through
the budget decision-making process. These policies are:
Operational Efficiencies:
♦ To implement internal operating efficiencies wherever possible.
♦ To utilize private contractors when the same or higher level of service can be obtained at
lower total cost.
♦ To staff each department according to reasonable service levels, and to utilize consultants
and temporary help instead of hiring staff for special projects or peak workload periods.
♦ To enter into joint operating arrangements with other agencies so as to provide services more
cost effectively.
♦ To increase the use of volunteers.
Economic Development:
♦ To provide a climate that encourages healthy commercial areas that capture more of the
purchasing power of the community and creates more destination commercial activities to
capture regional money.
♦ To aggressively pursue new developments and businesses which are consistent with our
quality of life and add to the City's economic base, particularly those that generate sales tax
revenue.
♦ To promote a mix of businesses which contributes to a balanced community.
♦ To continue to improve programs to enhance and retain existing businesses.
Infrastructure:
♦ To continue to determine and implement strategies to reduce the current backlog of deferred
maintenance projects.
♦ To provide sufficient routine maintenance each year to avoid increasing the deferred
maintenance backlog.
Employee Development:
♦ To attract and retain competent employees by providing a professional work environment,
competitive salaries, safe working conditions, and adequate training opportunities.
♦ To base salary increases on individual merit and job performance levels.
G�9
Atascadero June 2000
Comprehensive Financial Strategy
Section 3, Page 2
New Services:
♦ To add new services only when a need has been justified, and a funding source developed.
♦ To require agreements for specific services and monitor effectiveness on an ongoing basis.
Construction of New Facilities:
♦ To plan for new facilities only if construction and maintenance costs will not negatively
impact the operating budget.
Fiscal Management:
♦ To generate additional revenue by marketing City services to other agencies on a contract
basis.
♦ To maximize revenues by utilizing grants from other agencies to the fullest extent possible.
♦ To charge fees for services that reflect the true cost of providing such services and to review
fee schedules on a regular basis.
♦ To fully account for the cost of enterprise operations to avoid any subsidy by the General
Fund and to charge all enterprise funds their fair share of the cost of City support services.
♦ To maintain accurate accounting records to keep the City Manager, City Council and public
informed of the financial condition of the City at all times.
0 6 u
ITEM NUMBER: C-4
DATE: 06/13/2000
ro r
iris i t E ® 1979
CAD ;'
Atascadero City Council
City Manager's Office
Information Bulletin
A. General Plan Neighborhood Workshop Update
tascaturuftro
Planningre
a Ile
The Community and Economic Development Department has completed the Neighborhood
Workshop phase of the public outreach program of the General Plan Update. Eight separate
Neighborhood Workshops were conducted over four evenings from Monday, May 15", to
Thursday, May 18". Over 13,000 individual Workshop invitations were sent out to each address
and post office box in the City of Atascadero. The invitations were sent out following the first
issue of the General Plan Update Newsletter, which provided public information on the General
Plan process and the public outreach program. The meetings were held in various neighborhood
locations including schools, churches, the library and the Lake Pavilion. Residents were invited
to the following meeting based on the boundaries of the Post Office's carrier routes.
• Monday, May 15, 2000, 7:00 p.m. Monterey Road Elementary School
• Monday, May 15, 2000, 7:00 p.m. Atascadero Library
• Tuesday, May 16, 2000, 7:00 p.m. Atascadero Jr. High School
• Tuesday, May 16, 2000, 7:00 p.m. Atascadero Lake Pavilion
• Wednesday, May 17, 2000, 7:00 p.m. Atascadero Lake Pavilion
• Wednesday, May 17, 2000, 7:00 p.m. Atascadero Jr. High School
• Thursday, May 18, 2000, 7:00 p.m. Santa Rosa Elementary School
• Thursday, May 18, 2000, 7:00 p.m. Nazarene Church
Each meeting was facilitated by either Wade McKinney, Paul Saldana or Warren Frace with
assistance from numerous other staff members recruited from the Leadership Academy. Each
meeting followed the same agenda and provided a variety of opportunities for the public to
comment and rank issues that they considered important to the community. A total of 143
different people signed in for the workshops (this number does not include those who attended
multiple meetings or did not sign in). The results of all of these exercises are currently being
tallied and analyzed by staff and the consultant. The results of the workshops will be formally
061
ITEM NUMBER: C-4
DATE: 06/13/2000
released as part of the Issues and Options report that will be presented to the Planning
Commission and City Council in July.
A public comment sheet was provided to every participant to allow for individual comments
regarding the workshops. Staff has received numerous positive responses from the public about
the workshop process and the opportunity to get involved in the General Plan process. In
addition, participants identified specific neighborhood issues that they would like considered in
the update process.
The next step in the General Plan process includes the completion of the Issues and Options
Report by the consultant, development of preliminary Land Use Alternatives, and preparing these
items for Planning Commission and City Council review.
B. Employee Update
Leia Larson Support Services Technician Resigned 5/12/2000
Michael McCray Police Officer Resigned 5/30/2000
Garrett Humphrey Pavilion Service Worker Hired 5/17/2000
Derek Carnes Pavilion Service Worker Hired 5/17/2000
C. Attachments
1. Atascadero Chamber of Commerce—Activities and Programs
062
e4tascadero
C,harnber,f Commerce
6550 EI Camino Real•Atascadero,CA 93422•(805) 466-2044•Fax(805) 466-9218•www.atascaderochamber.org
May 31,2000
City Report for Chamber's Activities and Programs
April and May
Programs and Events
Working on updating and improving the quality of the Economic Profile with Paul
Saldana.
Facilitate co-op on light post brackets and banner project for five local organizations.
Implement.the plan by coordinating use, creating guidelines for banner design and
installation. Received written approval from PG&E to use their light posts with an
approval to mount the brackets with an 8-foot clearance over the sidewalk.
Design is proceeding to create a marketing piece for the Chamber and business.
Coordinated the non-profit groups for Tuesday Evening in the Park to host an evening.
Arranged for Health inspector approval,barbecue staff, and publicity through Food 4
Less shopping bags,Posters, tickets, and public service announcements through
newspapers and cable TV.
Provided input on Cities Economic Strategy Plan.
Updated City Map streets and sold ads to increase the size and the quantity of maps
produced. The Map is in production now and should be published July.
Good Morning Atascadero, Ask the Attorneys, was held to educate our members and the
public on legal issues pertaining to business.
Fundraiser,Mothers & Other Goddesses was held at the Pavilion and was a huge success.
Wine Festival Golf Tournament is planned for June 23rd to help the Wine Festival
become a three-day weekend event. Advertisements are being produced to try to bring in
out of the area attendees to fill our hotels and utilize all of our business services that
weekend.
Monthly Membership Mixers held at Nancy Buckley Allstate Insurance and Vanguard
Lending group.
Monthly Newsletter published and sent to our 425 plus members.
063
As of this time our Ambassadors have personally visited 53 existing business members.
Sold numerous tickets for local organization fund raising, concerts, and theatre groups.
Organized five ribbon cuttings.
Ad placed in The Tourist magazine May issue. Our page was the first reader response the
magazine received that month. Please see the attached copy of the Ad. For the October
issues I am working with the publisher to help garner enough advertisement to have a six-
page spread and the cover.
2000 Visitor Information Services provided,April & May
Phone calls logged 1,730
Visitors 1,060
Relocation Packets Mailed 40
Visitor Packets Mailed 16
A new feature we can now track is our website visits. As of 4/3 to 5/31we received the
following visits. These figures are truly encouraging.
General Info 258
Members Info 264
Events 167
Tourism 198
Shopping 90
Recreation 129
Surrounding Area Info 125
Please see the attached lists I have compiled for New Member Contacts and Existing
Member Visits completed as of April and May.
064
Member Call List April, 2000
New Members Contacted
Carrow's
K-Mart, won't join
La Mexicana, no
Stove & Spa Shoppes
G&H Auto,joined
Don Pedros, no
Heather's
Office Max
Chem Clean,joined
Papi's
Shoreline Awnings, will join
Glen Lewis, will join
Central Coast Printing, will join
Net Tracks,will join
Bob Kelley
Vintage Breads & Chocolates,joined
Air Tech
Diane Rapp, Mary Kay
Anne's Books
Tire King
Family Photo,joined
Member Visits
Northern Energy
North County Christian School
Dr. Blount
PIC
Longs
Sign Outlet
Slender Lady
Factory Outlets
Super 8
Perry's Parcel
Atascadero Christian Home
Coldwell Banker, Dan Blough
North County Humane Society
G& H Auto
Rancho Tee
Heilman's Chevron
065
All Pro Drywall
Goodwill Industries
Brezden
Integrity Motors
Elliot's Max Care
Chapel of the Roses
Farmers Insurance
Round Table
Bonema
Santa Lucia Properties
Academe Real Estate
Harry's Upholstery
Salsitas
Frame Shop
Union Bank
Community Church
Meetings Attended
Tuesday in the Park
Ambassadors
Economic Strategy
Main Street, BIA Quarterly Meeting
Mothers Comedy
Main Street, Organization Sub Committee, weekly
City Council,RE Post&Banners
Legislative
Member Relations & Communication
City Council, Post& Banner proposal
066
Member Call List May, 2000
New Members Contacted
Pappa Murphy's
Wellnest
Blakeslee &Blakeslee
Rick's German Performance
ServiceMaster
Iris Hill Farm
CTE
Bob Kelley
Gateworks
Advanced Hearing Aid Center
Blakeslee &Blakeslee
Member Visits
Eagle Creek
United Methodist Church
Glen's Repair
Round Table
• Retention Calls
Bob Lilley
Arco
Central Coat Trains
Captain Kids
Extra Car Rental
Atascadero Chevron
Dr. Brack Linscott
Dr. Hamblin
Computers 76
Meetings Attended
Ambassadors
Wine Festival
Scholarship Presentation
Good Morning Atascadero, Ask the Attorneys
Legislative
Member Relations& Communications
Employee Relations Meeting
Showcase Mixer
Three Ribbon Cuttings
Post& Banners
067
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he 5th Annual Winefestival Weekedn, wine festival event netted$20,000 for the zoo.
s f
J asN Vis; une 23 and 24, begins with a golf For more information or a registration
�L�ad�t't3� x s^
az x tournament sponsored by the Atascadero brochure leave a message for the Festival
� ' Chamber of Commerce at the chain ionshi Committee at 461-WINE 9463 Tickets for
Chalk Mountain Golf Course onp P the even ( )
tlt morning. This is sure to jump-startyourChamber of 1Comme Commerce, 6550 El Cami o Real,
weekend of enjoyingCentral Coast wines, food Atascadero, (805) 466-2044;The Wine Outlet,
� rzw� x
r � and entertainment. Atascadero Factory Outlets, (805) 462-9463;or
l�radke
yx P.� �. zi x On Friday evening, enjoy a five-course by faxing your order to (805)461-9463 using a
� jp� n * winemaker dinner created by Chef Ian McPhee Visa/MC/Discover credit card. Or check the
fotilldtrd CO 4 „ of McPhee's Grill in Templeton, along with reader response form on page 15, or click on
�' Y : wonderful SLO County wines, a Champagne "Travel Links"at www.cstourist.com.
Let�IS.�he OXl tial civlc eenfer, Social Hour,and silent and live auction.Cost for
the Friday evening event,which starts at 6 p.m.
now;finy Hall, stands behind at the Lakeside Pavilion, is $80, and includes a wine Festival Golf Tournament
lOVely srinktMn garden area ticket to the Saturday wine tasting. The Annual Atascadero Wine Festival Golf Tournament
The Lakeside Wine Tasting and Fine Arts will start the weekend of enjoying'loeal wines and goad
adorned with statuaiy arida Festival held Saturday afternoon at Atascadero times.The tournament will be'a scramble format held at
Lake Park from 11:30 a.m.to 4 m.will feature the challenging Chalk Mountain Course with its
huge;flowing fountain."Halfwa P meandering creek,rolling hills and undulating greens.
y the wines of over 20 San Luis Obispo county Many exciting prizes will be offered.
between 1 os.Angeles and San wineries. The $15 ticket price includes a
Francisco ori Highway.101, commemorative wine glass, eight tasting tickets, Tuesday in the Parks
and the music of the Mighty Croon Dogs from Good Old Fashioned summer evenings abound
Atascadero is lust 17 miles east noon to 4 p.m. Food will be available for Tuesday night starting June 20th at theAtascader
purchase from an international food courtas Park.Great barbecue dinners as well as entertainment
Of the Coast and an easy drive , provided by the Atascadero Community Band make this
will tastes of beer from Atascadero's own an enjoyable way to spend a warm summer evening.
along Highway 41. For more Bonnema Brewing Company. Field in The famous Charles Paddock Zoo will also be open for
conjunction with the Atascadero Art Association,
InfOIIT]at101a:"ACaSCaderO the Saturday event will also feature the works of Your enjoyment Bring your lawn chairs and blankets torelax under the shade at the Lake Park.
Chamber"of Commerce & local artists working in a variety of mediums.
Your Saturday tasting ticket also provides you Not El Camino Nights
Visltt rs Wel ter';.(SOS) 466=2044; P Y August 18th Classic Cars will take over EI Camino Real
with free admission to the Charles Paddock Zoo. and parade themselves for everyone's enjoyment on
check rhe reader`response forrii This jewel of the Central Coast features animals HOT EL CAMINO NIGHTS.This cruise night starts the
from around the world,and also hosts a number weekend of activities that culminate in the Classic Car
on page 15 or click on "Travel of children's educational programs. Last year's Show held Saturday August f th in theAfascadero Lake'
,, - """ . Park.
Links. at www.cstourst.com.
As beautiful and rare
us thOak1 Hill e animals within.. OM O
Atascadero
Hwy 101 @ Hwy 41 12345 Hampton Court•Atascadero,CA 93422
33 ift�t Open Daily (805)462-9317•Fax(805)462-0331
,eo,r
- (805)461-5080 vw .oakhillmanorbandbxom
macare@oakhilimanorbandb.com
Receive a
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SantaBarfia a h • Sightseeing
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(805) 466.2044 • Shopping , Ca -'CA 93422
-5.665
www.atascaderochamber.org
(805 '466
ITEM NUMBER: D- 1
DATE: 06/13/2000
n
lots MRS
Atascadero City Council
City Attorney Report
United Methodist Church Deferred Improvement Agreement
RECOMMENDATION:
Council authorize two changes to approved agreement to defer construction of the improvements
required of the United Methodist Church.
DISCUSSION:
Back round: The Methodist Church requested the deferment of the installation of public
improvements associated with their expansion project. The Church proposed to delay
construction until surrounding property was developed or gain an extension for two years to
allow them to arrange for the funding. Jerry Lombard representing the Church met with
Assistant City Engineer John Neil regarding the issue. Staff was reluctant to enter any agreement
because of potential precedents that would be set with other projects.
Eventually the matter originally came before the City Council in November of 1999. The
Assistant City Engineer recommended an agreement allowing the Methodist Church more time
to construct required improvements and providing the City additional protections. A copy of the
earlier staff report and the proposed contract are included for your reference. According to a
representative of the Church, they had not reviewed the document before Council approval and
had some concerns. The Church contends that the document does not reflect the discussion
between Jerry Lombard and John Neil. City Staff believes it is an accurate reflection. The
Church has requested numerous changes to the contract, a copy of the request from their Counsel
is attached.
The City Attorney has reviewed the requested changes and recommends only two. The first
change is a simple word error. The agreement refers to subdivision and this project is not a
subdivision, and therefore there is no reason for retaining the word in the agreement. The second
change deals with the issue of notice to the Church if the City is going to proceed with the
installation of the public improvements at the Church's expense. The City Attorney agrees that a
longer notice would not harm the City's position. A ninety (90) day notice period as requested
would be acceptable.
069
ITEM NUMBER: D- 1
DATE: 06/13/2000
The City Attorney does not recommend the other changes raised by the Church. In essence, the
changes defer the improvements an indefinite period into the future based on discussions in the
future. This weakens the City's position regarding requirement and installation of the
improvements and sets a precedent for other projects.
The Church contends there is a verbal agreement while the Assistant Engineer indicates no
agreement was made. The Assistant City Engineer simply met with representatives of the
Church and reported to the City Council; Staff does not have the authority to enter into this
agreement and explained that the Council makes these decisions.
The agreement as proposed protects the City. The typical requirement would be for construction
now and not for delayed construction. The agreement sets for a generous provision for the
Church based on their particular set of circumstances. Staff recommends that the agreement
contain adequate protections for the City to eliminate the potential future precedent this action
could be setting.
FISCAL IMPACT:
None. There have been no new fiscal impacts identified since the last staff report on this issue.
ALTERNATIVES:
The City Council is not required to take any of the above actions. The Council could agree to any
one or more of the requested changes. The Council may also direct that no agreement be entered
into and that instead the Church make all of the required improvements now. Staff continues to
recommend a deferred improvement agreement, but only with language that benefits the City.
ATTACHMENTS:
Original Staff Report
Approved Agreement
Letter from Ann Wilson
070
ITEM NUMBER: A-5
DATE: 11/09/99
19Y8 1978
i
CAD /I.
Atascadero City Council
Staff Report - Community Services Department
Deferred Improvement Agreement
United Methodist Church of Atascadero
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with The United Methodist Church of
Atascadero to defer construction of the public improvements required by the conditions of
approval for Conditional Use Permit No. 98014.
DISCUSSION:
The United Methodist Church of Atascadero has requested that the public improvements required
by the conditions of approval for Conditional Use Permit No. 98014 be deferred for a maximum
period of two years so that money pledged by church members to construct the improvements
can be accumulated. The Church has also stated that El Camino Real could be improved in a
more orderly manner if the properties to the north and south were to construct their public
improvements at the same time.
FISCAL IMPACT: None
ALTERNATIVES:
Execute deferred improvement agreement — construction of public improvements could be
delayed for period of up-to two years. Granting this request could be an incentive for other
developers to request deferral of the requirement to construct public improvements.
Do not execute agreement — the public improvements would have to be constructed prior to the
final inspection and occupancy of the on-site improvements. The Church's current financial
situation may not allow construction of the on-site or the public improvements to begin until all
pledges are received.
071
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
DEFERRED IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: November 09, 1999
NAME OF DEVELOPER: The United Methodist Church of
Atascadero
P .O . Box 2037
11605 El Camino Real
Atascadero, CA 93243-2037
PROJECT ID: CUP 98014
ESTIMATED TOTAL COST OF IMPROVEMENTS: $61, 803 . 95
This Agreement made and entered into by and between the City
of Atascadero, a municipal corporation of the State of
California (hereinafter referred to as "City" ) and The
United Methodist Church of Atascadero (hereinafter referred
to as "Developer" ) .
DEFERRED IMPROVEMENT AGREEMENTPAGE 1 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
07 3
RECITALS
A. Developer has submitted to the City of Atascadero an
application to develop the property at 11605 El
Camino Real in the City of Atascadero, County of San
Luis Obispo, State of California but not all of the
public improvement work required for final
inspection and occupancy of the Project imposed by
conditions of approval and the Atascadero Municipal
Code have been completed or performed.
A. As a condition precedent to occupancy, the Developer
must have either completed, in compliance with City
Standards, all of the public improvements required
by the conditions of approval for the Project and
the Atascadero Municipal Code or have entered into a
secured agreement with City to complete the public
improvements within a period of time specified by
City.
A. In consideration of approval of a building permit
for the on-site improvements for the Project by the
City, Developer desires to enter into this
Agreement , whereby Developer promises to install and
complete, at the Developer' s own expense, all of the
public improvements required by the conditions of
approval for the Project .
A. Improvement Plans for the construction, installation
and completion of the public improvements have been
prepared by Developer and accepted by the City
Engineer. The Improvement Plans for the public
improvements are on file in the City of Atascadero
Community Development Department and are
incorporated into this Agreement by this reference .
All references in this Agreement to the Improvement
Plans shall include reference to any specifications
for the improvements as approved by the City
Engineer.
A. An estimate of the cost for construction of the
public improvements according to the Improvement
Plans has been made and has been approved by the
City Engineer. The Estimated Total Cost of
Improvements is stated on Page 1 of this Agreement .
The basis for the estimate is attached as Exhibit
"A" to this Agreement .
DEFERRED IMPROVEMENT AGREEMENTPAGE 2 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 99014
074
A. Developer recognizes that by issuance of a building
permit for the Project, the City has conferred
substantial rights upon Developer and has taken the
final act necessary to construct the public
improvements within the project . As a result, City
will be damaged to the extent of the cost of
installation of the public improvements by
Developer' s failure to perform its obligations under
this Agreement, including, but not limited to,
Developer' s obligation to commence construction of
the public improvements by the time established in
this Agreement . City shall be entitled to all
remedies available to it pursuant to this Agreement
and law in event of a default by Developer.
NOW, THEREFORE, pursuant to the provisions contained in the
Atascadero Municipal Code and in consideration of the
approval of a building permit by the City, the parties
hereto do promise and agree one with the other as follows :
1 . Developer is to make and complete all of the public
improvements required by the conditions of ' approval
for the Project as shown on the Improvement Plans
thereof and as required and set forth in the
Atascadero Municipal Code .
2 . It is further understood and agreed by and between the
parties hereto that the public improvements as
required by the conditions of approval of the
Project shall be completed .within two years from the
Date of Agreement . These public improvements
include, but are not limited to the work itemized on
attached Exhibit
3 . The Developer promises and agrees to complete all
public improvement work referred to hereinabove to
the satisfaction of the City Engineer .
4 . If said public improvement work is not completed within
two years of the Date of Agreement, the Developer
agrees that the City may elect to complete the same .
S . In the event the City elects to complete said public
improvements, the Developer agrees that the City may
exercise it ' s option to declare the bond or deposit ,
as hereinafter described, forfeited and utilize the
proceeds, including any interest, to complete said
public improvements or that the City may complete
said public improvements and recover full cost and
DEFERRED IMPROVEMENT AGREEMENTPAGE 3 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
075
expense thereof including reasonable attorney fees
from the Developer and his/her surety.
6 . The Developer shall, prior to issuance of a building
permit for the project, file an public improvement
security with the City, in a form acceptable to the
City Attorney, in the amount of the Estimated Total
Cost of Improvements, which is the amount deemed
sufficient by the City Engineer. In no case shall
the improvement security be less than 1000 of the
Estimated Total Cost of Improvements . Further, the
Developer shall file a security for labor and
materials in the amount of the Estimated Total Cost
of Improvements . The security for labor and
materials shall be no less than 500 of the Estimated
Total Cost of Improvements .
7 . The Developer hereby agrees that after the completion
and acceptance of the public improvements as
specified in paragraphs 2 and 3 , 1001 of the
improvement security shall be retained for the
guarantee and warranty of the work for a period of
one year.
8 . It is understood and agreed by and between the parties
hereto that this Agreement shall bind the heirs,
executors , administrators, successors, and assigns
of the respective parties to this agreement .
9 . In the event legal action is taken to enforce the
provisions of this Agreement , the prevailing party
shall be entitled to recover costs to enforce the
Agreement, including reasonable attorney fees .
10 . The Developer shall , defend, indemnify and save
harmless the City, its officers, agents and
employees from any and all claims, demands , damages,
costs, expenses, or liability occasioned by the
performance and attempted performance of the
provisions hereof, or in any way arising out of this
Agreement , including, but not limited to, inverse
condemnation, equitable relief, or any wrongful act
or any negligent act or omission to act on the part
of the Property Owner or of agents, employees, or
independent contractors directly responsible to the
Property Owner, providing further that the foregoing
shall apply to any wrongful acts, or any actively or
passively negligent acts or omissions to act,
committed jointly or concurrently by the Applicant ,
the Property Owner' s agents, employees, or
DEFERRED IMPROVEMENT AGREEMENTPAGE 4 OF 6 .
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
076
independent contractors . Nothing contained in the
foregoing indemnity provisions shall be construed to
require the Property Owner to indemnify the City
against any responsibility or liability in
contravention of Section 2782 of the Civil Code .
11 . Upon acceptance of the public improvement work on
behalf of City and recordation of the Notice of
Completion, ownership of the public improvements
constructed pursuant to this Agreement shall vest in
City.
12 . Sale or other disposition of this property will not
relieve Developer from the obligations set forth
herein. Developer agrees to notify City in writing
at least 30 days in advance of any actual or pending
sale or other disposition of the property. If
Developer sells the property or any portion of the
property within the Subdivision to any other person,
Developer may request a novation of this Agreement
and a substitution of security. Upon approval of
the novation and substitution of securities,
Developer may request a release or reduction of the
securities required by this Agreement . Nothing in
the novation shall relieve the Developer of the
obligations under Paragraph 2 for the work or
improvement done by Developer.
13 . All notices required or provided for under this
Agreement shall be in writing and delivered in
person or sent by mail, postage prepaid and
addressed as provided in this section. Notice shall
be effective on the date it is delivered in person,
or, if mailed, on the date of deposit in the United
States Mail . Notices shall be addressed as follows
unless a written change of address is filed with
City.
City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Developer :The United Methodist Church of Atascadero
P.O. Box 2037
11605 El Camino Real
Atascadero, CA 93243-2037
DEFERRED IMPROVEMENT AGREEMENTPAGE 5 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
077
Surety:
14 . The provisions of this Agreement are severable . If any
portion of this Agreement is held invalid by a court
of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect
unless amended or modified by the mutual consent of
the parties .
15 . The Recitals to this Agreement are hereby incorporated
into the terms of this Agreement .
16 . This Agreement constitutes the entire Agreement of the
parties with respect to the subject matter . All
modifications, amendments, or waivers of the terms
of this Agreement must be in writing and signed by
the appropriate representatives of the parties . In
the case of City, the appropriate party shall be the
City Manager.
IN WITNESS WHEREOF the Property Owner has hereunto set
his/her hand and the City has caused these presents to be
signed by its duly sworn and authorized officers the day and
year first hereinabove written.
The United Methodist Church of Atascadero:
(signature, must be notarized)
(title)
(printed name)
City of Atascadero:
by:
Ray Johnson
Mayor
DEFERRED IMPROVEMENT AGREEMENTPAGE 6 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
G 7 8
Attest :
Marcia M. Torgerson
City Clerk
Approved as to form:
Roy A. Hanley
City Attorney
I:\92143\1999\92143-142 Defered Improvement Agreement.wpd
DEFERRED IMPROVEMENT AGREEMENTPAGE 7 OF 6
UNITED METHODIST CHURCH OF ATASCADERO CUP 98014
01 ri i/
RECEIVED
The United Methodist Church SEP 3 0
Of Atascadero
11605 ELCAMINO REAL IATASCADERO CITY K-,,,
P.O.BOX 2037
ATASCADERO,CA 93423-2037
PHONE:(805)466-2566,FAX:(805) 466-2563
E-MAIL:umca@usa.net
September 30, 1999
MYRON D.WINGFIELD
Pastor Honorable City Council, City of Atascadero
ROLLIN W.DEXTER The United Methodist Church, located at 11605 South El Camino Real has
Pastor Emeritus
outgrown its facilities and is now prepared to build a new and larger sanctuary. We
have been working closely with the City Building Department and expect issuance of a
building permit momentarily.
As I am sure you are aware,building costs have soared in recent months. This
is necessitating a considerable reduction in the scope of our plans.
Our financial situation is sound, but a considerable amount of the money
pledged by our members will be coming in to the church over the next two years. This
means we must delay portions of the work for one year or more so that we can pay as we
go.
One of the segments of the job we would like to delay is the 315' street
widening on El Camino Real in front of the church which includes curbs, gutters, and
sidewalks. This portion of the project will cost$30,496.
Our representative, Jerry Lombard, has reviewed this project in the field with
Mr. Wade McKinney and with Mr. John Niel of North Coast engineering. Both have
agreed that widening only that portion of the road in front of the church at this time
presents problems that could be better dealt with when the adjacent properties are
developed. Simply stated these problems are:
1. A narrow bridge just south of the church property which requires a rather
short transition distance(from the widened portion to the narrow portion.)
2. The property to the north of the church is at a lower elevation than the
roadway, thus creating a transition area that could be hazardous to a
northbound auto.
The United Methodist Church hereby requests the Council to allow us to delay
the street widening, curbs, gutters, and sidewalks until adjacent property (either one or
both) is developed.
We are willing to post a bond, and pledge to the City that when the work is
required by the City of Atascadero it will be carried out promptly and paid for by the
church.
Thank you for your consideration,
Bill Wilson, Chairperson
Facilities Enhancement Committee
C s 0
February 18,2040
Ms. Kathy Stewart
City of Atascadero
6500 Palma Avenue
Atascadero CA 93422
Re: United Methodist Church
Dear Ms. Stewart:
I reviewed the Deferred Improvement Agreement on behalf of the United Methodist
Church of Atascadero. Unfortunately,the agreement, as drafted,does not conform with the
verbal agreement regarding deferment of the public improvements.
it is my understanding that geographical conditions of the adjacent properties make
present construction of the curbs,gutters and sidewalks on the subject property very difficult
and possibly dangerous. Further,no such improvements exist in the immediate vicinity at the
present time. It was determined that,for everyone's benefit,the public improvements should
be delayed until the conditions on the surrounding properties make it appropriate to do so.
The church has obtained letters of credit in order to secure their commitment to install the
improvements in the future.
The following changes are necessary to conform with the parties' agreement in this
matter:
Paragraph B in the"Recitals", the last phrase should state: ". . . or have entered into
a secured agreement with City to complete the public improvements in the future"
Paragraph C will state as follows:
C. The parties have agreed that completion of the public improvements at the
present time is not practical due to the conditions of the adjacent properties as
well as in the immediate vicinity In consideration for the City's agreement to
delay installation and completion of the public improvements, Developer
promises to install and complete, at the Developer's own expense, all the
public improvements required by the conditions of approval for the Project,
G 3 1
Kathy Stewart, City of Atascadero
Re:United Methodist Church
Page 2
and to secure completion of these improvement;by letters of credit.
Paragraph 4,on page 3 should state:
"If said public improvement work is not completed within two years of the
Date of Agreement, the parties herein agree to review the status of the
neighborhood and adjacent parcels in two years to determine if the site
conditions remain the same. At that time, if the adjacent parcels remain in
their current condition, making construction of the public improvements
impractical,the parties may agree to two year extensions of time.
Paragraph S must be modified as follows:
"If said public improvement work is not completed within the time frames
agreed upon by the parties, the City may elect to complete the same. In the
event the City elects to complete said public improvements,the City shall give
90 days' written notice to the Developer of their election to complete the
public improvements and to utilize the proceeds of the letter of credit." 0
Paragraph 7 should be deleted.
Paragraph 10 is vague and ambiguous particularly as to subject matter and time. It
must either be trade more specific or deleted entirely.
Paragraph 12 ,the third sentence,"within the Subdivision"should be deleted as this
project is not a subdivision.
When the above changes have been made,please fax the revised copy to me. Do not
hesitate to give me a call if you have any questions.
Sincerely,
WILSON &WILSON
Ann Bell Wilson
AB W/kms
c:United Methodist Church
632