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HomeMy WebLinkAboutRDA Agenda Packet 012610ARCHIVE COPY CITY CLERK CITY OF ATASCADERO COMMUNITY REDEVELOPMENT A GENC Y SPECIAL MEETING AGENDA Tuesday, January 26, 2010 REGULAR SESSION 6.00 P M City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION 6 00 P M. ROLL CALL. Chairperson Kelley Vice Chairperson Clay Board Member Beraud Board Member Fonzi Board Member O'Malley APPROVAL OF AGENDA. Roll Call COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction Speakers are limited to three minutes Please state your name and address for the record before making your presentation The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board ) cn 1 A. CONSENT CALENDAR (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 Agency Board 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 Agency Board concerning the item before action is taken DRAFT MINUTES Agency meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the Agency Board If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of this meeting ) 1 Community Redevelopment Agency Draft Special Meeting Minutes — November 24, 2009 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of November 24, 2009 [Board Secretary] 2. Community Redevelopment Agencv Draft Special Meeting Minutes — December 8, 2009 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of December 8, 2Q09 [Board Secretary] 3. Downtown Streetscape Phase Ilb Change Order Approval ■ Fiscal Impact: The fiscal impact of authorizing payment of Change Order 18 and Souza's claim is $99,827 42 in budgeted redevelopment funds ■ Recommendations. Agency Board 1 Authorize Administrative Services Director to process Change Order 18 in the amount not to exceed $71,769 16 to pay for additional construction costs in excess of the Redevelopment Agency approved project budget; and, 2 Authorize the payment of $24,666 72 for right-of-way delay costs to Souza Construction Inc , and, 3 Direct staff to work with the Agency Counsel to explore the possibility of filing a claim against Rick Engineering for design errors and omissions, and, 4 Authorize the Executive Director to expend up to $4,000 for additional minor construction or construction administration change orders to complete the project. [Public Works] B PUBLIC HEARINGS None. 2 n C MANAGEMENT REPORTS fir.+ 1 Proposed Local Business Stimulus Program for Restaurants ■ Fiscal Impact: $4,000 of Redevelopment Agency funds have been budgeted for this program ■ Recommendation. Agency Board approve the Local Business Stimulus Program for Restaurants (LBSPR) and direct staff to implement the program [Executive Director] BOARD ANNOUNCEMENTS AND REPORTS (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities Board 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 Board may take action on items listed on the Agenda.) D ADJOURNMENT TO CITY COUNCIL MEETING 0'i 3 m cm lu ITEM NUMBER RA A-1 DATE 01/26/10 SPECIAL MEETING Community Redevelopment Agency of Atascadero Tuesday, November 24, 20099 6:00 P.M. City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California DRAFT MINUTES Chairperson O'Malley called the meeting to order at 6.01 p m ROLL CALL. Present: Board Members Beraud, Clay, Fonzi, Vice Chairperson Kelley and Chairperson O'Malley Others Present: Board Secretary Marcia McClure Torgerson Staff Present: Executive Director Wade McKinney, Police Commander Steve Gesell, Community Development Director Warren Frace, Public Works Director Russ Thompson, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Board member Fonzi and seconded by Board Member Beraud to approve the agenda. Motion passed 5.0 by a roll -call vote. COMMUNITY FORUM Tom Gaddis, member of the Atascadero Ministerial Association, led those present in prayer RDA Draft Minutes 11/24/09 Page 1 of 3 i ITEM NUMBER RA A-1 DATE 01/26/10 Chairperson O'Malley closed the Community Forum period. A. CONSENT CALENDAR None B PUBLIC HEARINGS None. C MANAGEMENT REPORTS Tourism, Events and Marketing Action Plan ■ Fiscal Impact: Current budgeted funds will be redirected to this effort. Total funding will be $133,000 for the Tourism Events and Marketing effort. This is a pilot program and S W Martin & Associates is uniquely qualified to provide these services because of its relationship with Atascadero Main Street. Therefore Staff is asking the Council to waive the formal process consistent with Section 3 0(f) of the City's purchasing policy The funding for the Main Street program could range from $10,000 to $30,000 and may require program reductions in the Agency ■ Recommendations. Agency Board 1 Authorize the Executive Director to execute a contract with S M Martin & Associates for a pilot program for Tourism, Marketing and Event services not to exceed $133,000 and waive the formal process consistent with Section 3 0(f) of the City's purchasing policy; and, 2 Determine funding level and authorize the Executive Director to execute a Memorandum of Understanding and an amended Agreement for Downtown Revitalization Services with Atascadero Main Street. Executive Director Wade McKinney gave the staff report and answered questions from the Board PUBLIC COMMENT Steve Martin, Executive Director of Atascadero Main Street and proposed consultant for this pilot program, gave a summary of the history of Main Street and the progress that the City and Main Street have made in the Downtown Barbie Butz, Chairperson of Atascadero Main Street, thanked the Board for allowing Main Street to meet with City staff and work out a plan that would allow them to continue to offer their services to the City Chairperson O'Malley closed the Public Comment period. RDA Draft Minutes 11/24/09 Page 2 of 3 9 M on ITEM NUMBER RA A-1 DATE 01/26110 MOTION By Board Member Fonzi and seconded by Vice Chairperson Kelley to 1 Authorize the Executive Director to execute a contract with S.M. Martin & Associates for a pilot program for Tourism, Marketing and Event services not to exceed $133,000 and waive the formal process consistent with Section 3 0(f) of the City's purchasing policy; and, 2. Direct Staff to set the funding level for Atascadero Main Street for January 1, 2009 - June 30, 2009, and authorize the Executive Director to execute a Memorandum of Understanding and an amended Agreement for Downtown Revitalization Services with Atascadero Main Street, and, 3. Direct Staff to report back in six months with a workplan and a budget proposal for Main Street. Motion passed 5.0 by a roll -call vote. (1 Contract No. RA -007- 2009, 2. MOU-Contract No. RA -008-2009, Agreement -Contract No. RA -009-2009) BOARD ANNOUNCEMENTS AND REPORTS None D ADJOURNMENT TO CITY COUNCIL MEETING Chairperson O'Malley adjourned the meeting at 6 50 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Board Secretary RDA Draft Minutes 11/24/09 Page 3 of 3 �l m ITEM NUMBER RA A-2 DATE 01/26/10 SPECIAL MEETING Community Redevelopment Agency of Atascadero Tuesday, December 8, 20099 6:00 P.M. City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California DRAFT MINUTES CLOSED SESSION- 5.00 P M. Chairperson O'Malley announced that the Agency Board would be going into Closed Session at 5 00 p m 1 PUBLIC COMMENT — CLOSED SESSION None 2. CALL TO ORDER a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec 54956 8) Property address 6005 EI Camino Real, Atascadero, California Agency Negotiator- Wade McKinney, Executive Director Negotiating Parties Carlton Hotel Investments, LLC Under Negotiation Instruction to negotiator will concern price and terms of payment. 3. ADJOURN CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken RDA Draft Minutes 12/08/09 Page 1 of 6 ITEM NUMBER RA A-2 DATE 01/26/10 REGULAR SESSION 6 00 P M Chairperson O'Malley called the meeting to order at 6 00 p m ROLL CALL. Present: Board Members Beraud, Clay, Fonzi, Vice Chairperson Kelley and Chairperson O'Malley Others Present: Board Secretary Marcia McClure Torgerson Staff Present: Executive Director Wade McKinney, Assistant Executive Director Jim Lewis, Police Chief Jim Mulhall, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Public Works Director Russ Thompson, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call Executive Director Wade McKinney asked that the order of the 3 Public Hearing items be changed as follows Item #1 moved to be #3, Item #2 moved to be #1, and Item #3 moved to be #2 MOTION By Board Member Clay and seconded by Board Member Beraud to approve the agenda as amended Motion passed 5.0 by a roll -call vote. BOARD REORGANIZATION PUBLIC COMMENT None 1 Board Appointment of Chairperson — The Board Secretary will accept nominations from the Board Members NOMINATION By Board Member Clay and seconded by Board Member Fonzi to nominate Board Member Kelley to the position of Chairperson Nomination passed 5.0 by a voice vote. 2. Board Appointment of Vice Chairperson — The new Chairperson will accept nominations from the Board Members RDA Draft Minutes 12/08/09 Page 2 of 6 10 en ITEM NUMBER RA A-2 DATE. 01/26/10 NOMINATION By Board Member Fonzi and seconded by Board Member O'Malley to nominate Board Member Clay to the 140W position of Vice Chairperson. Nomination passed 5-0 by a voice vote. COMMUNITY FORUM None A. CONSENT CALENDAR 1 Community Redevelopment Agency Draft Minutes — November 10, 2009 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of November 10, 2009 [Board Secretary] MOTION By Board Member Fonzi and seconded by Vice Chairperson Clay to approve the Consent Calendar Motion passed 5.0 by a voice vote. B PUBLIC HEARINGS 1 Allocation of Funds for Lake Park Sign and Frontaae Improvements Project ' ftw ■ Ex Parte Communications ■ Fiscal Impact: $430,180 of budgeted Redevelopment Agency Funds ■ Recommendation. Agency Board adopt the Draft Resolution irrevocably allocating funds for Lake Park Sign and Frontage Improvements Project and authorize the Executive Director to execute a Financing Agreement with the City of Atascadero [Executive Director] Redevelopment Agency Treasurer Rachelle Rickard gave the staff report and answered questions from the Board PUBLIC COMMENT David Bentz explained to the Board that the money that will be spent on the three Zoo projects that are outside of the Redevelopment Area will not generate tax increment. RDA Draft Minutes 12/08/09 Page 3 of 6 11 ITEM NUMBER RA A-2 DATE 01/26/10 Chairperson Kelley closed the Public Comment period. MOTION By Board Member Beraud and seconded by Vice Chairperson Clay to adopt the Draft Resolution irrevocably allocating funds for Lake Park Sign and Frontage Improvements Project and authorize the Executive Director to execute a Financing Agreement with the City of Atascadero Motion passed 5.0 by a roll -call vote. (Resolution No. RA2009- 006) 2. Allocation of Funds for Zoo Wall Improvement Project ■ Ex Parte Communications ■ Fiscal Impact: With the adoption of the draft resolution and authorization to execute the financing agreement, the Agency commits $240,000 to the Zoo Wall Improvement Project. If the Board does not adopt the draft resolution, there is no fiscal impact. ■ Recommendations. Agency Board 1 Adopt the Draft Resolution irrevocably allocating funds for completion of the Zoo Wall Improvement Project and authorize the Executive Director to enter a Financing Agreement with the City of Atascadero, OR 2 Direct Staff to not use Agency funds for completion of the Zoo Wall Improvement Project. [Executive Director] Redevelopment Agency Treasurer Rachelle Rickard gave the staff report and answered questions from the Board PUBLIC COMMENT None MOTION By Board Member Fonzi and seconded by Board Member B6raud to adopt the Draft Resolution irrevocably allocating funds for completion of the Zoo Wall Improvement Project and authorize the Executive Director to enter a Financing Agreement with the City of Atascadero Motion passed 5.0 by a roll -call vote. (Resolution No. RA 2009- 004) 3. Allocation of Funds for Zoo Entrance and Gift Shop Proiect ■ Ex Parte Communications ■ Fiscal Impact: $670,660 of budgeted Redevelopment Agency Funds ■ Recommendations. Agency Board 1 Adopt the Draft Resolution irrevocably allocating funds for completion of the Zoo Entrance and Gift Shop Project, and authorize the Executive RDA Draft Minutes 12/08/09 Page 4 of 6 12 M ITEM NUMBER RA A-2 DATE 01/26/10 Director to execute a Financing Agreement, if necessary, with the City of Atascadero, OR 2 Direct Staff to not use Agency funds for completion of the Zoo Entrance and Gift Shop Project. [Executive Director] Redevelopment Agency Treasurer Rachelle Rickard gave the staff report and answered questions from the Board PUBLIC COMMENT None MOTION By and seconded by to adopt the Draft Resolution irrevocably allocating funds for completion of the Zoo Entrance and Gift Shop Project, and authorize the Executive Director to execute a Financing Agreement, if necessary, with the City of Atascadero Motion passed 5:0 by a roll -call vote. (Resolution No. RA 2009- 005) C MANAGEMENT REPORTS Business Stimulus Program. Loan Program for Downtown Affordable Housing and Related Retail Uses ■ Fiscal Impact: Loans would be capped at $100,000 per affordable housing unit built. The total cost of the program is $500,000 Funding for this program is available in the Affordable Housing Fund ■ Recommendations. Agency Board 1 Find the program consistent with the Council approved housing policy; and, 2 Authorize the Administrative Services Director to appropriate $500,000 from the Redevelopment Low/Moderate income Housing Fund for the Downtown Affordable housing Program, and, 3 Authorize the Executive Director to implement the program and sign related loan documents and agreements [Executive Director] Deputy Executive Director Jim Lewis gave the staff report and answered questions from the Board PUBLIC COMMENT David Bentz stated that this is an excellent program Chairperson Kelley closed the Public Comment period, RDA Draft Minutes 12/08/09 Page 5 of 6 13 ITEM NUMBER RA A-2 DATE 01/26/10 MOTION By Board Member O'Malley and seconded by Board Member Beraud to 1 Find the program consistent with the Council approved housing policy; and, 2. Authorize the Administrative Services Director to appropriate $500,000 from the Redevelopment Low/Moderate income Housing Fund for the Downtown Affordable housing Program, and, 3. Authorize the Executive Director to implement the program and sign related loan documents and agreements. Motion passed 4 1 by a roll -call vote. (Clay opposed) BOARD ANNOUNCEMENTS AND REPORTS None D ADJOURNMENT TO CITY COUNCIL MEETING Chairperson Kelley adjourned the meeting at 6 48 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Board Secretary RDA Draft Minutes 12/08/09 Page 6 of 6 14 In Atascadero Community Redevel Staff Report - Public Works ITEM NUMBER RA A-3 DATE 01/26/10 ment Agenc Downtown Streetscape Phase Ilb Change Order Approval RECOMMENDATIONS Agency Board 1 Authorize Administrative Services Director to process Change Order 18 in the amount not to exceed $71,769 16 to pay for additional construction costs in excess of the Redevelopment Agency approved project budget; and, 2 Authorize the payment of $24,666 72 for right-of-way delay costs to Souza Construction Inc , and, 3 Direct staff to work with the Agency Counsel to explore the possibility of filing a claim against Rick Engineering for design errors and omissions, and, 4 Authorize the Executive Director to expend up to $4,000 for additional minor construction or construction administration change orders to complete the project. REPORT -IN -BRIEF The Agency Board is being asked to approve Change Order 18 to pay for unit quantity overruns and the payment of a right-of-way delay claim caused by the time needed for the consultant to re -design and City to coordination PG&E service for street lighting (during construction) The unit quantity overruns are a result of underestimation of total bid quantities and omitted bid items Souza Construction's claim is related to electrical plan design errors and additional PG&E design work for lighting near the Rosario intersection Lastly, staff is seeking direction related to filing a claim against the City's consultant for design errors and omissions DISCUSSION Background. The Streetscape Phase Ilb (Streetscape) project was awarded to Souza Construction Inc, on May 12, 2009 The City Council authorized the expenditure of $1,198,114.25 to construct the Streetscape project. In addition, Council authorized In 15 ITEM NUMBER RA A-3 DATE. 01/26/10 $239,622 85 to accommodate change orders for unforeseen construction issues Streetscape project construction was completed in December 2009 in accordance with the project plans and specifications, and the notice of completion was filed on January 6, 2010 To date, 17 change orders have been issued for the Streetscape project. The change orders are listed with descriptions in Attachment A and consist of both deductions and additions to the project. As seen in previous phases of Streetscape, working in the downtown area can at times be equated to remodeling a Victorian House, as many unforeseen conditions come to light once the site is opened up and the project proceeds A number of construction issues have surfaced during the Streetscape 2b project, which has made it necessary to request additional project funds to pay Change Order 18 Change Orders 1-17 were issued for several reasons including design errors and omission, unforeseen construction issues and improvements to the paving portion of the project. Exhibit A attached to this report contains a thorough review of each individual change order and the circumstances surrounding each The change orders can be summarized as follows Required Change Orders Design Deficiencies Bid Quantity Overages Unforeseen Conditions Enhanced Paving (City Initiated) Credits (not included above) Total Const. Change Orders Original Const. Contingency $ 31,176 32 $ 91,324 34 $108,741 69 $ 35,596 82 _ $ 54,257 03 $ -10,312.65 $310,78355 -$239,622.85 Addl Construction Funds Req'd = $ 71,160 70 Delay Claim Related to CO#4&5 = $ 24,666 72 Misc Contingency = $ 4,000.00 Additional RDA Funds = $ 99,827 42 The design engineer errors and right-of-way delay costs are described below During the course of construction it has become evident that mistakes on the plans and bid documents (bid unit cost list) have increased the total project cost beyond the Council approved funding Staff believes that the construction documents contained errors including the following 16 M ITEM NUMBER RA A-3 DATE 01/26/10 1 Underestimated and omitted bid item quantities that increased project costs by $108,741 69 Staff could not change the project to avoid these costs since they represent the actual amount of work that was needed to construct the project. Staff was not made aware of the bid item overages by Souza Construction until the end of the project. If staff had been aware of the overages earlier, staff would have not issued the paving upgrade change orders 2 An elevation error that required the installation of an extra storm drain inlet that required a change order for $10,472 39 to correct. It appears that Rick Engineering failed to check grades along the flow line after raising an accessible ramp in front of the crosswalk on EI Camino Real 3 Design errors on the electrical plans that necessitated the redesign of the streetlight system that required a change order for $44,617 90 to correct. The streetlights were designed to be City owned lights instead of PGE owned, as directed by staff 4 Failure to include PGE service connection information and conduit routing at three project areas that cost approximately $19,774 57 to correct. The designer failed to show the connection for the PGE services needed to power the irrigation controller, tree receptacles, lights and lighted bollards Staff estimates the actual cost of changes due to design errors and deficiencies amount to between $50,000 and $75,000 If directed by the Agency Board, staff will work with the Agency Counsel to explore the possibility of filing a claim against the consultant. The claim will be filed in order to recover appropriate loses associated with the apparent errors and omissions Souza Construction Inc (Souza) has filed a claim against the City to recover Souza's costs associated with construction delays The construction delays are related to the redesign of the Rosario and Highway 41 area streetlight system, described above Souza is claiming that there were 24 days of delay waiting for the design plans to be corrected Souza claims this caused a change in the character of work since his foreman wasn't supervising as many workers as was called for when Souza submitted his bid Staff has discussed the claim with the Agency Counsel, and has determined that Souza is entitled to file the claim pursuant to Public Contracting Code Section 7102 Staff met with Souza on December 22, 2009 to discuss and negotiate a settlement based on the facts surrounding the construction issues Souza's claim is included as Attachment B Souza has agreed to lower the claim from $35,123 94 to $24,666 72 which is a reduction in equipment charges and removal of overhead costs Staff believes this is fair compensation for the claim In addition, Souza has agreed to drop any outstanding or future claims for the Streetscape project. Staff believes that the delay claim costs are associated with the design errors in the City's consultant's plans, since the contractor had to wait for the design engineer to correct the plan deficiencies Even though specific direction was given to the electrical engineer by staff several times during the design to avoid this issue, City staff was on 17 ITEM NUMBER RA A-3 DATE 01/26/10 involved with the coordination of PG&E service, so the consultant is not solely to blame The City has since revised its internal pre-bid procedures to prevent projects from going out to bid prior to receipt and review of the PG&E "hand-out package" Therefore, if directed, staff will evaluate this cost and include, if appropriate, the costs in a claim against the design engineer There are several valuable lessons learned as a result of this project. City oversight relied on the fact it appeared the project work was "proceeding per plan", and on the assumption the bid list of unit quantities was accurate, when in fact it was not. The contract was a "unit cost" contract which states the contractor will be paid for the actual number or "units" installed at the bid unit cost. City staff has identified several areas of pre-bid and construction management controls to prevent or minimize cost over -runs on City projects These include more rigorous checking of plans, specifications and especially bid quantities, as well as tighter day to day cost control and documentation (including daily verifications of "units" with the contractor) Conclusion. In addition to unforeseen site conditions, design errors and omissions, inaccurate bid quantities and construction management deficiencies have caused the City to exceed the budgeted contingency for the Streetscape Phase Ilb project. Staff is requesting an additional $99,827 42 to fund Change Order 18, settle Souza's Right -of - Way delay claim and have a minimal contingency for additional construction administration In addition, staff is recommending that staff be directed to investigate the potential of a claim against the City's design engineer for errors and omissions that have led up to these and other change order costs Lastly, staff does not believe that this change order or claim will affect the City's ability to construct the Phase III project. FISCAL IMPACT The fiscal impact of authorizing payment of Change Order 18 and Souza's claim is $99,82742 in budgeted redevelopment funds The projected sources and uses of funds for the project are as follows In cm ITEM NUMBER RA A-3 DATE 01/26/10 -UPDATED - FUNDING USES Phase Ila Traffic Way/ Palma, Virginia Cross Walk $ (1,345,000) Phase Ilb - Rosario Gateway, ECR Medians, Crosswalk, Ped Tunnel, ECR Paving & Downtown Wayfinding Signage Design 255,000 Construction Costs 1,198,114 Construction Support 119,810 Contingency 239,620 Additional Contingency and Claim (99,828) Subtotal Phase Ilb 1,912,372 Total Estimated Cost $ (3,257,372) Streetsca a Project Redevelopment Bond Funds $ 2,469,640 Redevelopment Agency Funds 397,500 LINK Pedestrian Tunnel Donations 3,680 STIP Transportation Enhancement 375,000 Subtotal Streetscape Protects 3,245,820 lWayfinding Program Redevelopment Bond Funds 613,600 Total Funding Sources $ 3,859,420 PROJECTED REMAINING FUNDING $ 602,048 ALTERNATIVES 1 Council can deny staff's request to pay change Order 18 Staff does not recommend this action since this change order will pay for the actual improvements that were built. 2 Council can deny staff's recommendation to pay Souza's right-of-way delay claim Staff does not recommend this action since Souza will likely file a lawsuit to enforce the claim Staff believes that since the claim is connected with the construction plan errors, that staff should be directed to recover as much costs as possible from Rick Engineering ATTACHMENTS A — Memo to Russ Thompson documenting Change Orders 1-18 B — Souza's Claim against the City 19 F5 Attachment A CITY OF ATASCADERO PUBLIC WORKS DEPARTMENT 6907 EI CAMINO REAL, ATASCADERO, CA 93422 Telephone (805) 4615000 * Fax (805) 461-7612 TO Russ Thompson, Public Works Director FROM David Athey, Deputy Public Works Director.'`` SUBJECT Change Orders 1-17 DATE 11/25/2009 This memo explains the reasons for the change orders issued for the Streetscape Phase IIb project, as requested. The following list outlines the total additions and deducts since the commencement of construction. The City is currently over the Council approved contingency amount by $67,231.04. This memo clarifies why the City has exceeded the Council Approved contingency Items in green are deducts/credits En 21 Necessary Change orders Change Order #1- $ 18,,74.89 Change Order #1 was issued in order to accommodate the construction of frontage improvements on the Denny's side of Colony Square. The improvements in front of Colony Square were designed to line up the driveways of Rabobank and Colony Square. In order to accommodate the alignment, the Denny's land owner and Rabobank agreed to connect their parking lots and Colony Square is conditioned to build the improvements. This would allow a right in only drive approach at the Denny's and the installation of a median to improve area aesthetics and traffic flow After several discussions with the Colony Square Owner, Jim Harrison, it was apparent that he was not going to build the improvements before the City's planned El Camino Real improvements. This would have caused a problem since the City's improvements called for changing the Denny's drive approach to a right in only If the parking lots were not connected, the right in approach would not been possible to build, nor the median in El Camino Real. Therefore, in order to move the project forward a change order was issued to Souza Construction to complete the Colony Square required improvements. It is my recommendation that the City submit a bill to Colony Square for $18,374.89 Change Order #2 - $1804.00 This change order was required in order to obtain a Double Encroachment Permit from Caltrans. This cost is necessary in order to construct the project. Change Order #.,I — �080.7� This change order was issued to cover changes to the pedestrian tunnel electrical design. After the lighting fixtures were removed it was discovered that Caltrans is using the existing conduits for freeway street lighting. In addition, the electrical box was shown in the wrong location and the existing box had to be removed to accommodate the new one. The portion of this change order dealing with the new electoral panel and box appears to be related to design error Change Order #8 - $ 7,916.70 This change order was for the replacement of the drive approach next to the Pedestrian tunnel. The drive approach was badly cracked and we had shown only a patch on the plan. Staff determined that it would be more cost effective to replace the entire approach. Change Orders Related to Design Plan Deficiencies: Change Order #4 - $19,774.57 This change order was issued in order to pay for the connection of the meter panel at colony square to PGE power The bid sheet did not contain bid items for the meter box, power panel, or conduit for connection to PGE power The plans did not show this connection. PGE power is needed in order to power the irrigation time clock that is located in front of Denny's restaurant. 22 n The City's design engineer claims that PGE did not provide a "Handout Package to the design engineer in advance of bidding. Therefore, the design engineer placed a note on the plans stating that the cost of the connection should be in the bid. However, the bidders cannot bid on items that are not detailed and are not required to, since this would require the contractor to design the project. The Design Engineer claims the City approved going to bid in this fashion. Regardless of fault, this connection was needed so that power can be supplied to the irrigation controller and a future entry arch. We will avoid this situation in the future by securing the handout package prior to bidding. Change Order #.r; - $ 44,617.oQ This change order was issued to correct design deficiencies related to the electrical system at Rosario Avenue. The handout package was not obtained by the designer and the designer did not follow City direction that the streetlights be PGE owned. I have attached an email string that shows the City wanted PGE lights and had communicated that to the consultant prior to going to bid. The consultant's electrical plans showed that the streetlights would be City owned. However, the City does not install streetlights in the downtown along roads since PGE has come up with a decorative acorn fixture. Using PGE lights is cheaper in the long term since PGE provided lights are cheaper to operate and PGE maintains the pole and fixture. Rick Engineering was notified on 3/31/09 that all streetlights would be PGE lights. Rick Engineering confirmed this with the City and notified their sub consultant. I recommend that we investigate filing a claim for the plan error and the subsequent extra costs during construction. Change Order #6 — $ 1757.20 This change order was issued to correct utility conflicts related to the placement of the 2" irrigation line from the Virginia Plaza area up to Rosario and down to Traffic Way The pipes placement on the west side of El Camino real conflicted with two utilities and subsequently had to be moved out further into the road. To avoid future trenches in the new paving, laterals were stubbed out to the gutter lip The additional cost accounted for the excavation and backfill and new materials. This conflict could have been avoided by better utility mapping. Changer Order #7 - $ 10,472.29 This change order was needed to correct an elevation problem in the gutter flow line (0 3 feet too high) that would cause flooding if a new drop inlet was not installed. The elevation problem was caused when Rick Engineering raised sidewalk elevations on the north side of the Denny's bulb out, but didn't adjust the southern elevations at the gutter flow line. Therefore water coming from the intersection of highway 41 would have flooded street and would have remained standing until evaporated. This was a large amount of water, therefore a new DI was needed. I recommend that we investigate filing a claim for the plan error and the subsequent extra costs during construction. En 23 Change Order # 16 — $2171.48 Change Order 16 pays for a work that resulted from PGE power hookup design changes. This work is related to Change Order #4 and pays for removal and replacement of pavers for the installation of an electrical conduit. The consultant failed to secure the power handout package prior to bid. See Change Order 4 for more information. Change Order #17 & 18— $ 108.741.69 This change order was to pay for quantity overruns. Rick Engineering did not properly estimate the bid quantities on 39 items on project bid schedules. The problem with exceeding unit quanities is that the contractor can adjust the price when the bid quantity exceeds 125% of the actual cost. This happened on structural soil which added $ 26, 838 to the project (original item cost was $6300 00 ) I recommend that we investigate filing a claim for the plan error and the subsequent extra costs during construction. Change Order # 12 — $4.x30.80 Change Order 12 authorized work that was required by the plans but either did not have a line item (cyclist dismount sign and curb and gutter removal), was under estimated (not enough pavers were specified so we needed to pay a set up fee), or was not detailed on the plans (paver restrainer at the end of the paver band) In addition, additional paving was needed at the Atascadero Creek Bridge to ensure the pavement was level and drainage worked. This work was related to Change Orders 9 and 10 I recommend that we investigate filing a claim for the plan error and the subsequent extra costs during construction. Required Changes Caused by Unforeseen Issues Change Order #1� — $ 35,596 82 Most of Change Order 13 is for unforeseen issues. This change order represents Force Account work that was needed in order to complete the intended improvements. The work was ordered so that Souza could continue to work on the project. The force account work included construction fabric installation in areas with soils that did not compact (three areas), repairing a drainage culvert that was not known to exist, extra paving work a driveways along El Camino Real, wall repair at the Police Station, utility conflicts with a storm drain at colony square, and other work in different project areas. The extra work was ordered by Public Works staff. City staff has verified the amounts and is satisfied with these change orders. Requested Change Orders by City Staff I would not have recommend change orders 9 or 10 if I had been aware of the amount of unit quantity overruns in each of the project areas. These two change orders were executed on 10/20/2009 and staff was not aware of unit quantity overruns until November Souza did not notify the City until after these change orders were executed that there were significant cost 24 LWJ overruns. Staff will be more vigilant on future projects and have developed procedures to stay abreast of unit item measurements throughout the project. _Change Order # o - $ 1 ,896 Change Order 9 was executed in order to minimize disruptions to the motoring public by paving at night. In addition, Changer Order 9 authorized the use of additional petromat under the travel lanes on ECR. Staff recommended the use of petromat since it prevents cracking of the asphalt surface. Change Order # io - -51-442-79 Change Order io was executed at the same time as Change Order 9 in order to improve the paving overlay The Change order authorized the use of a 3/8" leveling course. The leveling course is recommend for use with petromat since it provides better adhesion and less bridging of the fabric. The total amounts of change Order 9 and io were reduced by Change Order ii since the quantities that were estimated were not all used. Credits The following Change Orders were deducts (or credits) and did not cost the City additional funding: Change Order # 11 $31,081.76 (CO 11 corrected CO 9 & lo's cost to reflect actual amounts used) Change Order # 14 $ 5,511.8o (amounts not used) Changer Order # 15 $ 4800 85 (amounts not used) CM 25 m on Attachment B December 22, 2009 City of Atascadero Public Works Dept, 6907 El Camino Real Atascadero, CA 93422 Attn: David Athey, Deputy Director Subject; Atascadero Downtown Streetscape Phase IIB - Right of Way Delay Cost Summery David, As per our meeting this morning please see attached the revised Change Order Request for the Right of Way Delay Costs associated with the PG&E Street Light Electrical Delay issue at Rosario Avenue. We are happy to be able to resolve this issue, I left Dave Horton, of Electricraft, a message today concerning meeting directly with you as soon as possible on their substantiated claim for the light pole bases. Please let me know the out come of your meeting. Sincerely, Kim Clarke Project Manager Souza Construction, Inc. S;Uobs12009 Prolects109-008- plRight of Way DefayWight of Nay Delay, Revisd Cost Summery, I2.22-09, 09-008- p.doc on Souza Construction, Inc. G.—I ftw..' g Cont—ov P. 0. Box 3810 San Luis Obispo, CA 93403 8051546.8288 Fax 8051548-8287 27 ��Qp� ENG INffq�y SQUZ� cpYrtfACf1N6' Souza Construction Inc P O. Box 3810 San Luis Obispo, CA 93403.3810 Ph (805) 546-8288 Fax: (805)546.8267 To: David Athey City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 Ph: (805) 470-3424 Fax: (805) 470-3425 Description: Right of Way Delay Cost Summary Change Request Number, 25 Date: 12/11/09 Job: 09-008-p Streetscape Ph. IIB (2009-003) Phone: We are pleased to offer the following specifications and pricing to make the following changes: Right of Way Delay Cost Summery per attached backup. The total amount to provide this work is Please note that Souza Construction Inc will require an extra 24 days. If you have any questions, please contact me at (805) 546-8288. Submitted by Kim Clarke Souza Construction, Inc. Cc: Approved by Date: $24,666.72 Page 1 of 1 on Im ) /4\ol \\\\ $ CIA _ ƒ 7k%GG d 2 4q&(& { �R�co o%@$k §/&%3/ f a 29 §/f/a8GR7 f a 29 30 ITEM NUMBER RA C-1 DATE 01/26/10 Atascadero Community Redevelopment Agency Staff Report - Executive Director Proposed Local Business Stimulus Program for Restaurants RECOMMENDATION Agency Board approve the Local Business Stimulus Program for Restaurants (LBSPR) and direct staff to implement the program DISCUSSION Concerns have been expressed by residents and Council Members about the number of restaurants in the community that are struggling during these poor economic times Rumors have circulated around the community about restaurants that are barely hanging on, despite a number of new restaurants opening and succeeding during recent months Staff has confirmed that business and revenues at several local establishments have decreased As a result, the Office of Economic Development has developed a program to promote our local restaurants the Local Business Stimulus Program for Restaurants (LBSPR) The program has been created in consultation with various restaurant owners and managers along with participation from the Chamber of Commerce and the City's Tourism and Marketing Consultant, Steve Martin Program Components The LBSPR will consist of several components and will be implemented from February through May 2010 The components being considered include • Introductory Meeting- This meeting will consist of an open discussion concerning the business climate in the community, an overview of the components of the program including timelines and implementation steps, and a roundtable to share other ideas that could be included Participants will have the opportunity to share their thoughts on each of the components being considered and will be able to prioritize which elements of the program are most important. This meeting will occur in February 2010 cm 31 ITEM NUMBER RA C-1 DATE 01/26/10 Best Practices Forum- The best practices forum will feature speakers from local restaurants who will share thoughts on how they have succeeded and how they are managing through difficult times Ideas shared will be practical and relevant to today's challenging economy • Targeted Small Business Forum- This forum would be co -hosted by the Small Business Development Council (SBDC), Cuesta College, the Chamber of Commerce, Main Street, local banks, the Economic Vitality Corporation or a combination of all six. Participants would receive tips on marketing, menu preparation, restaurant management, and creating or renewing business plans, and banks would be on hand to offer advice on obtaining SBA loans or other financing • Social and On -Line Networking Campaign- This component will include creation of a "Dine Atascadero" page on Facebook and other social networking sites Additionally, restaurants will be encouraged to create an on-line presence and promotions will be sent through Facebook to "friends" of Atascadero groups Additionally, if resources permit, a "Dine Atascadero" web portal will be created as a central resource for customers to find information and promotions regarding Atascadero restaurants • Facilitated Connections to Community Groups- Staff has learned that community fundraisers held at restaurants are a win-win for both parties On nights when a non-profit gets a portion of the proceeds from customers they bring in, sales on that evening are considerably higher and net profits after distribution of profits to the organization typically exceed a normal evening, particularly on slower nights when the restaurant would be empty The element will consist of creating a listing of contact information for all community and non- profit organizations interested in partnering with a restaurant for a fundraising/community event. Participating restaurants will then be able to pair up with groups to provide special dining opportunities just for them • Establishment of "Dine Atascadero" Month- The month of April will be called "Dine Atascadero" month During this month, restaurants will be encouraged to offer specials and a targeted advertising campaign will take place An effort will be made to reach out to community groups to talk about the many dining opportunities in town Details of this element will be worked out at the initial meeting with restaurant owners to determine what type of campaign would be most effective • Incentive Card and/or Receipt Promotion- Beginning in March, a gift certificate promotion will take place As part of participating in the LBSPR, restaurants will need to provide at least $100 in gift certificates These certificates will be set aside for incentive rewards The promotion will consist of either one of two alternatives o Creation of a punch card that would contain logos from each of the participating restaurants and could contain discounts When at least $10 has been spent at ten different restaurants (customers would receive a 32 ITEM NUMBER RA C-1 DATE 01/26/10 unique punch when eligible), customers could come to City Hall to draw a gift certificate of at least $10 out of a bag as an incentive for their participation o Instead of (or in addition to) the punch card concept, customers could bring in at least $100 in receipts from at least 5 restaurants to draw a gift certificate o Details of this element will be discussed at the initial meeting Based on the initial success of the program and on available funding, other components may be expanded or added in the future The Chamber of Commerce and Main Street will play an integral role in administering the program in partnership with the Office of Economic Development. Eligibility: The LBSPR will be open to all restaurants in the community provided that a majority of the participating restaurants lie within the Redevelopment Area. To participate in the program, each restaurant must agree to participate in the introductory meeting and/or one of the forums and provide at least $100 00 in gift certificates for use as incentives FISCAL IMPACT $4,000 of Redevelopment Agency funds have been budgeted for this program cm 33 m r Flh r' f 'i9is' r r1979CITY OF ATASCADERO == = CITY COUNCIL AGENDA Tuesday, January 26, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency Special Meeting 6 00 P M City Council Immediately following the conclusion of the Community Redevelopment Agency meeting REDEVELOPMENT AGENCY SPECIAL MEETING 6 00 P M. CITY COUNCIL REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency Special Meeting PLEDGE OF ALLEGIANCE. Mayor Fonzi M 1 ROLL CALL. Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA. Roll Call A. CONSENT CALENDAR (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 DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) City Council Meeting Draft Minutes — November 24, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of November 24, 2009 [City Clerk] 2. City Council Meeting Draft Minutes —December 8. 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of December 8, 2009 [City Clerk] 3. City Council Special Meeting Draft Minutes —December 8, 2009 ■ Recommendation. Council approve the Draft Special Meeting Minutes of December 8, 2009 [City Clerk] 4. Acceptance of the Offer of Dedication for Public Open Space and Access Easement on Lot 16, Tracts 2454, Phase I ■ Description. Lot lies along railroad west of Ferrocarril and north of Chico Road, on the east side of railroad right-of-way ■ Fiscal Impact: The City's estimated costs for the upcoming 2010-2011 fiscal year are estimated to be $2,000 from currently budgeted general funds The maintenance of the native tree plantings will be funded through the Native Tree Replacement Fund ■ Recommendation. Council adopt the Draft Resolution accepting the Dedication of Public Open Space and Public Access Easement on Lot 16, Tracts 2454, Phase I, and accept the same area of dedication for maintenance [Public Works] 2 UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) 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 three minutes Please state your name for the record before making your presentation The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) B PUBLIC HEARINGS None. C MANAGEMENT REPORTS City Facility Signage Policy ■ Fiscal Impact: The total impact of the new sign policy for City parks and facilities will result in an undetermined additional cost depending upon the size and materials used for individual signs ■ Recommendation. Council provide direction regarding establishing a "City Facility Signage Policy" for City facility/park monuments and entry signage to include the City of Atascadero name and logo [Community Services] COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1 Council Member Beraud Council Member Beraud will be sharing The Homeless Enumeration Video, which was presented to the Homeless Services Oversight Council at their December 16, 2009, meeting D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Fonzi 1 Air Pollution Control District 2 County Mayors Round Table 3 Economic Vitality Corporation, Board of Directors (EVC) om 3 Mayor Pro Tem O'Malley 1 League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3 SLO Regional Transit Authority, President (SLORTA) 4 Central Coast Regional Water Quality Control Board, Member (RWQCB) Council Member Beraud 1 City / Schools Committee 2. Homeless Services Oversight Council 3. Integrated Waste Management Authority (IWMA) Council Member Clay 1 City / Schools Committee Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND / OR ACTION 1 City Council 2. City Clerk 3. City Treasurer 4 City Attorney 5 City Manager a. Commission Attendance Reports F ADJOURNMENT 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. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 26, 2010 Regular Session of the Atascadero City Council was posted on January 19, 2010 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 19'h day of January 2010, at Atascadero, California. ` vL"& Victoria Randall, Deputy City Clerk City of Atascadero 2 9 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a '1111111rrrcommunity Redevelopment Agency meeting commencing at 6,00 p.m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office Council meetings are videotaped and audio recorded, and may be reviewed by the public Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400) 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 or the City Clerk's Office, both at (805) 470-3400 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 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 approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4 All comments should be made to the Mayor and Council. lililliW 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 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 SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 lectern. If you wish to speak for, against or comment in any way- 1 ay1 You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3 Make your statement 4 All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 5 PI on ITEM NUMBER A-1 DATE 01/26/10 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, November 24, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency- 6 00 P M City Council Immediately following the conclusion of the Community Redevelopment Agency meeting Mayor Beraud called the meeting to order at 7,00 p m and Council Member Clay led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson *44W CC Draft Minutes 11/24/09 Page 1 of 8 7 ITEM NUMBER A-1 DATE. 01/26/10 Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Commander Steve Gesell, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll -call vote. PRESENTATIONS 1 Commendation Recognizing George Dodge for Outstanding Contributions to the Community Council Member O'Malley read the proclamation for George Dodge Mr Dodge expressed his appreciation to the Council for being recognized for this labor of love 2. Presentation by Colony Days Committee on 2009 Colony Days Event Steve Martin, Colony Days Committee representative, gave a summary of the events that took place at the Colony Days event in October, and showed a DVD of some highlights of the parade A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — October 27, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of October 27, 2009 [City Clerk] 2. July 2009 Accounts Payable and Payroll ■ Fiscal Impact: $3,372,304 75 ■ Recommendation Council approve certified City accounts payable, payroll and payroll vendor checks for July 2009 [Administrative Services] CC Draft Minutes 11/24/09 Page 2 of 8 en I ITEM NUMBER A-1 DATE. 01/26/10 3 August 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,618,227 57 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for August 2009 [Administrative Services] 4 September 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,550,075 66 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for September 2009 [Administrative Services] 5 Temporary Road Closure and Tow -Away Zone — Atascadero Main Street Winter Wonderland ■ Fiscal Impact: $600 00 in staff time to place and remove "Road Closed" signs, detour signs and barricades ■ Recommendation. Council approve the attached draft Resolution authorizing tow away zones for the annual Winter Wonderland event on December 11, 2009 [Public Works] MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve the Consent Calendar Motion passed 5.0 by a roll -call vote. (Kelley abstained on #A- 1 due to being absent at that meeting.) (#A-5 Resolution No. 2009-092) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney explained that the Council that the California Regional Water Quality Control Board has accepted Atascadero into the Storm Water Management Plan The Board did make several changes to Atascadero's Plan and are requiring the City to adopt those changes by December 23, 2009 The notification letter and the recommended changes are on the City's website for the public's review The most significant required change is that they want the City to create a greater creek setback/buffer than is already established as they feel our current creek setbacks/buffers are insufficient. Staff will be bringing this issue to the Council on December 8th Community Development Director Warren Frace updated the Council on a few economic development projects He explained that the WalMart project is getting ready for re -submittal CC Draft Minutes 11/24/09 Page 3 of 8 0 ITEM NUMBER A - 1 DATE 01/26/10 Mr Frace also explained that the Colony Square project expect to be doing the underground plumbing and electrical the week of December 7th Concrete work will be next. COMMUNITY FORUM Heather Young reminded everyone of the Art and Wine Tour being held next Friday Mitch Paskin, who lives on San Marcos Road, explained that he still has concerns regarding the safety of the roads in his area. Lee Perkins asked what has happened to the recommendations of the City's Economic Study Also, she recognized Mayor Beraud and stated that Ellen has been a memorable Mayor Tom Comar thanked Mayor Beraud for her service as Mayor, even though at times she has been in the minority Jim Shannon thanked Mayor Beraud for her service as Mayor and the rest of the Council for their service too He also thanked City staff for their work assisting the Council Mr Shannon also stated that he is pleased with the progress the City has shown Barbie Butz, representing Coats for Kids, announced that they will be distributing coats at the Atascadero Armory on December 17th Mayor Beraud closed the COMMUNITY FORUM period. B PUBLIC HEARINGS None. C MANAGEMENT REPORTS 1 AB 811 Municipal Clean Energy Financing Pilot ProgramContract Authorization for PowerHouse Services, Inc. ■ Fiscal Impact: The direct cost of the contract to the City of Atascadero will be less than less than $1000 to cover incidental expenses The consultant will be compensated through the sale of the $750,000 in bonds that will finance the installation of energy efficient improvements Staff time is not expected to exceed 200 hours Long term, the City will be responsible for administering the assessment district and responding to program issues Staff estimates this to be less than 50 hours annually CC Draft Minutes 11/24/09 Page 4 of 8 10 M ITEM NUMBER A - 1 DATE. 01/26/10 • Recommendation. Council authorize the City Manager to enter into a contract with PowerHouse Services, Inc, to administer an "AB 811" pilot program within the City of Atascadero [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council JP McNeill, CEO of PowerHouse Services, explained the Clean Energy Program and answered questions of the Council PUBLIC COMMENT Ray Weymann thanked the City staff for choosing PowerHouse Services as he felt their proposal was excellent. He agreed that energy improvements save money He urged the Council to adopt this program Lee Perkins complimented PowerHouse Services on their proposal Ken Smokoska, representative of the Labor Management Cooperation Committee for the International Brotherhood of Electrical Workers and the National Electrical Contractors Association, stated they strongly support this proposal and hope that Atascadero can expand the program in the future Mayor Beraud closed the Public Comment period. All Council Members stated that they support this program MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to authorize the City Manager to enter into a contract with PowerHouse Services, Inc., to administer an "AB 811" pilot program within the City of Atascadero Motion passed 5.0 by a roll -call vote. (Contract No, 2009-022) 2. Update on the Central Coast Regional Water Quality Control Board's Required Stormwater Management Plan ■ Fiscal Impact: There is no additional fiscal impact to the City from participation in the Joint Effort. It is anticipated that Storm Water Plan costs will be lower since the Low Impact Development Center is developing the hydromodification methodology that the City was previously responsible to develop This will result in lower long-term compliance costs as the City implements its Storm Water Plan Staff will continue to monitor costs closely and will alert the Council should costs change dramatically CC Draft Minutes 11/24/09 Page 5 of 8 ITEM NUMBER A-1 DATE 01/26/10 ■ Recommendations. Council 1 Receive update on the City's Storm Water Management Plan, which is currently undergoing review by the Central Coast Regional Water Quality Control Board (Water Board), and, 2 Receive information regarding the Water Board's offer to participate in the Joint Hydromodification Effort and provide staff with direction on participation [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council David Innis, Environmental Scientist with the Regional Water Quality Control Board, explained the Water Board's process and answered questions from the Council PUBLIC COMMENT None Mayor Beraud closed the Public Comment period. As stated earlier in this meeting, staff will be returning this issue to the City Council at their December 8, 2009 meeting 3. Strategic Planning 2010 ■ Fiscal Impact: None ■ Recommendation. City Council take the following actions 1 Approve the Strategic Planning program, and, 2 Approve the Planning Horizon, and, 3 Reaffirm the City's Mission Statement; and, 4 Develop a preliminary list of discussion issues, and, 5 Accept the draft Environmental Scan [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud closed the Public Comment period. Council accepted all recommendations. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Kelley thanked Mayor Beraud for her service as Mayor CC Draft Minutes 11/24/09 Page 6 of 8 12 In ITEM NUMBER A - 1 DATE 01/26/10 Mayor Beraud asked the Council Members to consider placing a Resolution to encourage reduced waste by ending the use of plastic water bottles and Styroform products by the City on a future agenda. Ms Beraud stated this would be educational and advisory, asking citizens to consider other options MOTION By Mayor Beraud and seconded by Council Member Kelley to agendize a Resolution to reduce waste by the City of Atascadero, encouraging citizens to not use plastic water bottles and Styroform Council Member O'Malley asked if Mayor Beraud would give the report, and that the outcome she is looking for is educational, not restrictive Mayor Beraud answered, yes MOTION By Mayor Beraud and seconded by Council Member Kelley to agendize a Resolution to reduce waste by the City of Atascadero, encouraging citizens to not use plastic water bottles and Styroform. Motion passed 4 1 by a roll -call vote. (Clay opposed) Mayor Pro Tem Fonzi asked for Council consensus to provide clarification to staff and the Commissions regarding City signage She would like the Council to decide on uniform guidelines City Manager McKinney stated this would be a good discussion at Strategic Planning There was Council consensus to bring the issue of City signage back to the Council at Strategic Planning. Mayor Pro Tem Fonzi asked for Council consensus to bring back the business stimulus loan program for downtown affordable housing She explained that she has received additional input from the public since the Council addressed this issue She stated that she is not asking for a new report, she is just asking to bring back the original report. Council Member Kelley asked the City Manager if the review he sent to Mr McKinney could be shared with the other Council Members Mr McKinney stated that yes it can be shared, and that he will print it for the file and share it with the other Council Members There was Council consensus to bring back the business stimulus loan program report for downtown affordable housing as originally presented to the Council D COMMITTEE REPORTS Mayor Pro Tem Fonzi CC Draft Minutes 11/24/09 Page 7of8 13 ITEM NUMBER A - 1 DATE 01/26/10 1 EVC — Summit on Economic Planning for the County — there will be a consultant meeting with cities to determine who they can call the business champions Council Member O'Malley 1 Central Coast Regional Water Quality Control Board, Member (RWQCB) — Council Member O'Malley was re -appointed to the Board E. INDIVIDUAL DETERMINATION AND / OR ACTION None F ADJOURNMENT Mayor Beraud adjourned the meeting at 9 35 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Assistant to the City Manager CC Draft Minutes 11/24/09 Page 8 of 8 14 In ITEM NUMBER A-2 DATE 01/26/10 CITY OF A TASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, December 8, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency- 6 00 P M City Council Immediately following the conclusion of the Community Redevelopment Agency meeting Mayor Beraud called the meeting to order at 6 50 p m and Council Member Kelley led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson 1%W" CC Draft Minutes 12/08/09 Page 1 of 11 15 ITEM NUMBER A-2 DATE 01/26/10 Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll -call vote. CITY COUNCIL REORGANIZATION PUBLIC COMMENT None 1 Council Appointment of Mayor — The City Clerk will accept nominations from the Council Members NOMINATION By Council Member Clay and seconded by Council Member O'Malley to nominate Roberta Fonzi for the position of Mayor Nomination passed 5.0 by a roll -call vote. 2. Council Appointment of Mayor Pro Tem — The new Mayor will accept nominations from the Council Members NOMINATION By Council Member Clay and seconded by Mayor Fonzi to nominate Council Member O'Malley to the position of Mayor Pro Tem NOMINATION By Council Member Beraud and seconded by Council Member Clay to nominate Council Member Kelley to the position of Mayor Pro Tem. CC Draft Minutes 12/08/09 Page 2 of 11 M ITEM NUMBER A-2 DATE 01/26/10 llftw ROLL CALL Council Member Kelley Council Member Kelley Council Member Clay Council Member O'Malley Council Member O'Malley Council Member O'Malley Council Member Beraud Council Member Kelley Mayor Fonzi Council Member O'Malley Nomination of Council Member O'Malley to the position of Mayor Pro Tem passed 3.2 by a roll call vote. (Kelley & Beraud opposed) COUNCIL COMMENTS Mayor Fonzi thanked the Council Members and the public for their support She also stated her hopes for the City in the upcoming year Council Member Beraud thanked everyone for the opportunity to serve as Mayor for this past year She summarized some of the Council's accomplishments COUNCIL REORGANIZATION RECESS Mayor Fonzi recessed the meeting at 7.00 p.m. Mayor Fonzi reconvened the meeting at 7 10 p.m. PRESENTATIONS 1 Employee Service Awards City Manager Wade McKinney presented service awards to the following employees 5years Jim Lewis, Assistant City Manager Michael Stornetta, Fire Engineer/Paramedic Brian Westerman, Fire Engineer Tom Peterson, Fire Marshall/Code Enforcement Officer Nathan Hasch, Fire Engineer/Paramedic Justin Black, Wastewater Operator III Ryan Smith, Wastewater Operator I 10 years Casey Bryson, Fire Captain fir✓ CC Draft Minutes 12/08/09 Page 3 of 11 17 ITEM NUMBER A-2 DATE 01/26/10 15 years Delma Meyer, Finance Technician 20 years, Paula Anton, Recreation Supervisor Scott Satterthwaite, Fire Captain/Paramedic 25 years Stephen Sandeffer, Maintenance Worker II A. CONSENT CALENDAR City Council Meeting Draft Minutes — November 10, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of November 10, 2009 [City Clerk] 2. Property Donation Acceptance - Approval of the Acceptance of Grant Deed from the Morgan Stanley Dean Witter Trust to the City of Atascadero - Lot No. 50, Unit 6 located in California Valley, APN. 084- 211-011 ■ Description. This property is being donated to the City as a gift to benefit the City's Zoo and/or Parks System ■ Fiscal Impact: The property is currently worth an estimated $10,000 ■ Recommendation. Council authorize the City Manager to execute the Acceptance of Grant Deed for real property being donated to the City as a gift by Morgan Stanley Dean Witter Trust to benefit the City's Zoo and/ or Parks System, a lot, No 50, Unit 6, located in California Valley, as per the Record of Survey recorded in book 10, page 86 records of the County of San Luis Obispo [Community Services] 3. Resolution Authorizing Energv Efficiencv and Conservation Block Grant Application ■ Fiscal Impact: Approval of this Resolution will allow the City of Atascadero to apply for $152,644 in grant funds specifically allocated for energy efficiency improvements ■ Recommendation. Council approve the Draft Resolution authorizing the City Manager to apply for Energy Efficiency and Conservation Block Grant Funds from the Small City and County Grant Program under the American Recovery and Reinvestment Act of 2009 [Public Works] MOTION By Council Member Beraud and seconded by Council Member Clay to approve the Consent Calendar Motion passed 5.0 by a roll -call vote. (#A-3 Resolution No. 2009-093) CC Draft Minutes 12/08/09 Page 4 of 11 F5 ITEM NUMBER A - 2 DATE 01/26/10 UPDATES FROM THE CITY MANAGER City Manager Wade McKinney announced that the WalMart project and the Colony Square project are both moving forward Also, the Tractor Supply project will begin their rough grading soon COMMUNITY FORUM Pastor Hangee, member of the Atascadero Ministerial Association, led those present in prayer Geraldine Brasher Pfimister thanked Ellen Beraud for her service as Mayor Bruce Boniface, new president of Atascadero Land Preservation Society, introduced himself to the Council Steve La Salle congratulated Roberta Fonzi for her appointment to Mayor and thanked Ellen Beraud for her service this last year as Mayor Jim Patterson thanked Ellen Beraud for her service as the Mayor for the last year Also, he congratulated Mayor Fonzi and Mayor Pro Tem O'Malley for their appointments Mr Patterson also commended Atascadero for its recently adopted AB 811 program Joanne Main announced upcoming events and thanked the City for being invited to be included in the EMI program She also thanked the Council for a unifying year Barbie Butz announced upcoming events and thanked Council for the past unifying year Jim Shannon challenged the Council to continue to work for what is best for the community He also thanked Ellen Beraud for her service as Mayor Sandy Jack asked the Council to continue moving forward in a positive manner Mayor Fonzi closed the COMMUNITY FORUM period. B PUBLIC HEARINGS None. 14aw CC Draft Minutes 12/08/09 Page 5 of 11 19 ITEM NUMBER A-2 DATE 01/26/10 C MANAGEMENT REPORTS 1 Naming of Stadium Park Features in Memory of Marjorie Mackey ■ Fiscal Impact: Depending upon the option chosen, funding for two attractive and durable signs for the location could cost $300 to $1,200 It is recommended that donations for the costs of this sign be solicited from the community ■ Recommendation. Parks and Recreation Commission recommends Council name both the "Stadium Park Trail", leading into the park, and the "bowl area" inside the park, in memory of the late Ms Marjorie Mackey, to honor her memory and contributions to the community [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council PUBLIC COMMENT Heather Young, Marj Mackey's granddaughter, said that she and her family members are honored that the City Council is considering naming portions of Stadium Park after her grandmother Jim Patterson shared some of his memories of Marj Mackey and her efforts for Atascadero He encouraged the Council to adopt Staff's recommendations Lon Allan stated that he applauds the Council for considering this honor for Marj Mackey Shirley Summers served with Marj Mackey on the Atascadero Advisory Committee back in the 1970's She offered her assistance in honoring Marj Bruce Boniface thanked the Staff for a good presentation and encouraged the Council to adopt the Staff's recommendations to honor Marj Mackey Barbie Butz, Chairperson of the Parks and Recreation Commission, urged the Council to follow the Commission's recommendation Geri Brasher Pfimister urged the Council to not only adopt Staff's recommendation, but also hold more events in Stadium Park in Marj's honor Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to name both the "Stadium Park Trail", leading into the CC Draft Minutes 12/08/09 Page 6 of 11 c M ITEM NUMBER A-2 DATE 01/26/10 park, and the "bowl area" inside the park, in memory of the late Ms. Marjorie Mackey, to honor her memory and contributions to the community Motion passed 5.0 by a roll -call vote. 2. Storm Water Manaaement Pian (SWMP) Implementation Strateay • Fiscal Impact: Estimated at $5,000 00 of additional staff and consultant time to prepare exhibits, work with Regional Water Quality Control Board (RWQCB) staff, and attend meetings and hearings ■ Recommendations. Council 1 Receive information, discuss the attached letter approving the City's SWMP, and provide direction to staff on concerns regarding the implementation of the SWMP with respect to required revisions and creek setbacks, and, 2 Authorize the Director of Public Works to submit a request for a hearing in front of the Regional Water Quality Control Board to amend conditions imposed on City's SWMP [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council O'Malley stated that he is an appointed member of the CRWQCB and has reviewed with the Board's attorneys what he can and cannot do He has been directed by them r to state that he is fully able to review this issue as a Council Member However, if Atascadero appeals the Board's decision, he will have to step down from the CRWQCB for the review of that appeal PUBLIC COMMENT David Innis, representative of the Regional Water Quality Control Board, answered questions from the Council Mayor Fonzi recessed the meeting at 9 10 p.m. Mayor Fonzi reconvened the meeting at 9 17 p.m. Susie Anderson recommended the development of a community advisory committee to work with staff and help to come up with a solution Bruce Bevins stated that it appears that this is a process that is evolving and urged the Council to move forward cautiously Al Fonzi stated he agreed with Ms Anderson on the development of a community advisory committee erre CC Draft Minutes 12/08/09 Page 7 of 11 21 ITEM NUMBER A-2 DATE. 01/26/10 Jim Patterson encouraged the City to continue to work with the RWQCB to reach a solution John Shadack explained that his home is now within 20 feet of the creek on his property, as the creek has moved over the years He urged the Council to keep in mind the situations that exist throughout the City where there are existing homes adjacent to the creeks Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to 1 Authorize the Director of Public Works to submit a response to Regional Water Quality Control Board with amended SWMP language on setback issue with the following modification "Year 2 Review existing policies and setbacks for appropriateness and make changes as necessary to ensure that they are equivalent to, or exceed RWQCB riparian protection policies", and 2. Direct the Director of Public Works to work with a Citizen's Advisory Committee to review setback issues related to the further development of the SWMP, and each Councilmember will appoint a representative. Motion passed 5.0 by a roll -call vote. 3. Allocation of Funds for Zoo Entrance and Gift ShoD Proiect ■ Fiscal Impact: ■ Recommendations. Council 1 Authorize the City Manager to execute, if necessary, a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and, 2 Authorize the Director of Administrative Services to amend, if necessary, the budget by increasing Transfer from Redevelopment Agency Revenues by $670,660 and appropriating $670,660 of these revenues for the Zoo Entrance and Gift Shop Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None CC Draft Minutes 12/08/09 Page 8 of 11 22 E5 l ITEM NUMBER A-2 DATE 01/26/10 MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to 1 Authorize the City Manager to execute, if necessary, a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and, 2. Authorize the Director of Administrative Services to amend, if necessary, the budget by increasing Transfer from Redevelopment Agency Revenues by $670,660 and appropriating $670,660 of these revenues for the Zoo Entrance and Gift Shop Project. Motion passed 5.0 by a roll -call vote. (Contract No. 2009-023) 4 Allocation of Funds for Lake Park Sign and Frontage Improvements Project ■ Fiscal Impact: ■ Recommendations. Council 1 Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and, 2 Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $430,180 and appropriating $430,180 of these revenues for the Lake Park Sign and Frontage Improvements Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member Kelley to 1 Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and, 2. Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $430,180 and appropriating $430,180 of these revenues for the Lake Park Sign and Frontage Improvements Project. Motion passed 5.0 by a roll -call vote. (Contract. 2009-024) 1%W CC Draft Minutes 12/08/09 Page 9 of 11 23 ITEM NUMBER A-2 DATE 01/26/10 5 Allocation of Funds for Zoo Wall Improvement Project ■ Fiscal Impact: ■ Recommendations. Council 1 Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero, and, 2 Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $240,000 and appropriating $240,000 of these revenues for the Zoo Wall Improvement Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero Motion passed 5.0 by a roll -call vote. (Contract No. 2009-025) r■041 6. Strateaic Plannina 2010 - Phase II — Financial Information ■ Fiscal Impact: None ■ Recommendations. Council 1 Review and discuss staff's budget update, and, 2 Affirm staff's analysis of the City's risk areas, and, 3 Accept the updated seven-year projection [City Manager] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT David Bentz told the Council he will write a report to the Council concerning this report and they will not like his report. Mayor Fonzi closed the Public Comment period. There was Council consensus to receive and file this report. CC Draft Minutes 12/08/09 Page 10 of 11 24 En ITEII. NUMBER- A-2 DATE 01/26/10 W COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None E. INDIVIDUAL DETERMINATION AND / OR ACTION None F ADJOURNMENT Mayor Fonzi adjourned the meeting at 10 50 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Assistant to the City Manager CC Draft Minutes 12/08/09 Page 11 of 11 25 ITEM NUMBER A-3 DATE 01/26/10 1*0W SPECIAL MEETING ATASCADERO CITY COUNCIL Tuesday, December 8, 2009 (Immediately following the regularly scheduled Council Meeting) City Hall — Council Chambers 6907 EI Camino Real, Atascadero DRAFT MINUTES Mayor Fonzi called the meeting to order at 10 50 p m ROLL CALL, Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. CC Special Meeting Draft Minutes 12/08/09 Page 1 of 2 27 ITEM NUMBER A-3 DATE 01/26/10 CONSENT CALENDAR Temporary Road Closure and Tow -Away Zone — Atascadero Main Street Winter Wonderland ■ Fiscal Impact: $600 00 in staff time to place and remove "Road Closed" signs, detour signs and barricades ■ Recommendation. Council approve the attached draft Resolution authorizing tow away zones for the annual Winter Wonderland celebration for December 18, 2009 in the event that rain causes the December 11, 2009, celebration to be rescheduled Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve the draft Resolution authorizing tow away zones for the annual Winter Wonderland celebration for December 18, 2009 in the event that rain causes the December 11, 2009, celebration to be rescheduled. Motion passed 5-0 by a roll -call vote. (Resolution No. 2009-094) ADJOURNMENT Mayor Fonzi adjourned the meeting at 10 53 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Assistant to the City Manager CC Special Meeting Draft Minutes 12/08/09 Page 2 of 2 RK n Atascadero City Council Staff Report - Public Works Department ITEM NUMBER A-4 DATE 01/26/10 Acceptance of the Offer of Dedication for Public Open Space and Access Easement on Lot 16, Tracts 2454, Phase I (Lot lies along railroad west of Ferrocarril and north of Chico Road, on the east side of railroad right-of-way) RECOMMENDATION Council adopt the Draft Resolution accepting the Dedication of Public Open Space and Public Access Easement on Lot 16, Tracts 2454, Phase I, and accept the same area of dedication for maintenance DISCUSSION On June 24, 2003, the City Council approved the Tract Map 2454 Phase 1 project, located southwest of Ferrocarril Road, north of Chico Road along the Southern Pacific Railroad right-of-way This project included a "pan -handle" parcel known as Lot 16 that was approximately 74 -feet wide and 2831 -feet long Lot 16, as well as easements across several other parcels within the project, provides a public trail link between Traffic Way and the De Anza Trail along the Salinas River The 2003 City Council approval of the tract map included the typical language in the "City Council Statemenf' which reads " the offers of dedication for public open space and public utility and access easement were rejected without prejudice to future acceptance on behalf of the public " (emphasis added) This is typical of maps requesting approval and recordation before public facilities are constructed, or before the City intends to accept for maintenance issues like trails, parklands, or open space areas The trail on Lot 16 is comprised mainly of the old paved PG&E driveway, and is native sand and gravel material across the other lots within Tract 2454 Lot 16 (5 86 acres) is essentially a remainder parcel and is entirely dedicated for a "Public Open Space and Public Access Easement." Minor fencing and gate improvements were installed by the developer I'M 29 ITEM NUMBER A-4 DATE 01/26110 The trail is currently being used by the public, however the site is not being maintained by the current owner, as it is part of the Gearhart bankruptcy proceedings Numerous complaints have been filed regarding the disrepair of the trail and illegal dumping in the open space area, and Staff has also responded to illegal native tree removal on the site The current site conditions have given rise to concerns of safety and nuisance abatement. Council's approval to accept the offer of dedication of the easements on Lot 16 would allow the City to secure the site, improve public safety and properly maintain the trail and open space, as well as proceeding with establishing a native tree grove on the site in the future The City's maintenance obligation will include minimal level services such as weed abatement, minor trail repair, and debris removal The parcel was originally considered an appropriate site for use by the Native Tree Fund for an oak tree planting site FISCAL IMPACT The City will be responsible for an estimated 20 man-hours of maintenance per year for this public trail and open space in its current configuration The annual cost will be based on the actual amount of work required to maintain a safe and useful facility The City's estimated costs for the upcoming 2010-2011 fiscal year are estimated to be $2,000 from currently budgeted general funds The maintenance of the native tree plantings will be funded through the Native Tree Replacement Fund ATTACHMENT Draft Resolution 30 E5 ITEM NUMBER A-4 DATE 01/26/10 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING THE OPEN SPACE AND PUBLIC ACCESS EASEMENT AREA OF LOT 169 TRACT 2454 -PHASE I (22MB61) WHEREAS, the City Council approved the final tract map for Tract 2454 Phase 1 on June 24, 2003, including a Public Open Space and Access Easement of approximately 5 86, also known as Lot 16, and, WHEREAS, the City Council upon approval of said tract map refected without prejudice the Public Open Space and Access Easement on Lot 16 for future acceptance, and, WHEREAS, public use of the trail on the property is occurring, however the trail is not being properly maintained by the current landowner and appears to be falling into disrepair; and, WHEREAS, City staff will be responsible for clearing the ongoing maintenance of the public Open Space and trail improvements, and, WHEREAS, the City does not wish for the offer of dedication to be jeopardized or misconstrued by lenders or trustees related to the developer of the project, De Anza Estates, LLC, and, WHEREAS, the trail improvements within the open space areas as defined in Exhibits A attached hereto, have been substantially completed and may now be accepted for the benefit of the public NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Council does hereby accept the Open Space and public improvements within Lot 16 of Tract 2454 Phase 1, more particularly described in Exhibit A attached hereto En 31 ITEM NUMBER A-4 DATE 01/26/10 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 Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Bnan A. Pierik, City Attorney 32 M. CITY OF ATASCADERO Roberta Fonzi, Mayor in on on ITEM NUMBER A-4 DATE 01/26/10 Exhibit A to Draft Resolution Open Space / Legal Description Page 1 Parcel 16 of Tract No 2454-1, in the City of Atascadero, County of San Luis Obispo, State of California, according to the map recorded July 1, 2003 in Book 22 of Maps, Pages 61 to 63, in the Office of the County Recorder of said County 33 WNW5 Yd` Vii°' yi d'"5'e4. .<; �'7 `� E.6.'•'£..' �it+E' N j its E o. ASK v � A � { ?i i hk P� r'+ �r � �3�i1 d 4 y � ,"" ♦'`"Y �a� �� � °�' � k � b .' E Jl iWX z / 'X.r>� a -"^c fir-- y�i h ,. fa S `oil! 77 � O A P , E �9 � h Not Hyl: {., xsn � L .,. M ITEM NUMBER. C-1 DATE 01126/10 Atascadero City Council Staff Report — Community Services Department City Facility Signage Policy RECOMMENDATION Council provide direction regarding establishing a "City Facility Signage Policy" for City facility/park monuments and entry signage to include the City of Atascadero name and logo DISCUSSION Background The City of Atascadero has an extensive sign ordinance (Atascadero Municipal Code, Chapter 15), governing sign design standards, types of signs allowed, construction standards, maintenance, placement, code enforcement, sign area, heights and other similar matters related to installing and displaying signage The purpose and intent of the sign ordinance is to protect the general health, safety and welfare in the City Additionally, the ordinance encourages signage to be used as an effective means of communication that promotes the economy and aesthetics of the community On August 20, 2009, the Atascadero Parks and Recreation Commission, with public input, reviewed the preliminary landscape design for the Atascadero Lake Park Frontage Improvement Project, which includes new public facility signage Additionally, staff has begun the planning and development process on this project with our Landscape Architect, Casey Patterson The Project design and planned amenities conform to the City's adopted Lake Park Design Guidelines Along these lines, it is recommended that all monument and entry signs located at public facilities should conform to the City's existing sign ordinance The issue at hand is, "Should these types of signs, for parks and public facilities, include the `City of Atascadero' name and logo?" Currently, in some cases the City logo and words, "City of Atascadero" are used on the signage and in some cases, such as the proposed Veterans Memorial sign, they are not. Staff is seeking Council direction on this matter If the Council would like to establish such a uniform policy, it would apply to all permanent, on-site monument and entry signs at City parks and facilities Upon lftw approval, the proposed policy would read as follows and be added to parks and facility master plans 35 'All monument and entry signs for City facilities shall contain the `City of Atascadero' name and City logo " An example of how a policy such as this might affect signage is the proposed "Faces of Freedom" Veterans Memorial sign, which is attached for the Council's review (ATTACHMENT B) The exact design and scale of the required City logo and "City of Atascadero" wording would be left up to the sign designer and subject to the normal City staff review and Commission approval FISCAL IMPACT The total impact of the new sign policy for City parks and facilities will result in an undetermined additional cost depending upon the size and materials used for individual signs Existing, non -conforming signs would be considered exempt and the policy shall be implemented with the wording and logo as the non -conforming facility signs are replaced ATTACHMENTS Attachment A - Photos of existing monuments/signs at City facilities Attachment B - Example if the "City of Atascadero" logo was added to the proposed Veterans Memorial Sign Attachment C - Proposed Atascadero Lake Park Frontage signage 36 E5 ATTACHMENT A Existing example of a monument sign at Atascadero Colony Park. Existing example of an entry sign at the Atascadero Lake Park. l 37 ATTACHMENT B cujtIRSTONt VtNttl�l 16' S4. rONC, CO -INN CAP ME m ATTACHMENT C :r;- 710 SEAL Ili SQ, LASER VO4M BLACK. VAR 08 STANL',kk rANDIO-F, s70Ne ctrl LYN ,V- %014 .AP YOM bAv_ tIxATGY momummNir sicaN 10 SO n , CAP CVV`Rf't DLUMN W '30 �Fl rdxC IAAFJCOP� ML�VN W4 CVNL�_-Tf ffV:t RAILS�Av E wthltQ T-1 t - -�X:-RIAN PAT"AWA' N-LAVA—MUt PARK ENTRY at; PC3R-rc3oLA,. AVE. 10, CAP WASOfiRy �WMN P T= 0 Toor j P.ARII:j LS ©EAT —ALF FRONTAGE CJP PROOL=TIONS INC ATASOADERO LAKE PARK GOTY OF ATA30ASERO cm 39 F5 ITEM NUMBER DATE ``%W City of Atascadero Quarterly Commissioner Attendance Report October through December, 2009 0 Parrs & Recreation Cc Barbie Butz Daniel Chacon Christian Cooper Susan Greenaway Sorrel Marks Bill Wachtel* Tom Zirk rmissIon -October 1 5th P A(E) P P P P -November 191h P P P P P P P Wachtel s first meeting November 19 2UU9 to fill vacancy on Commission E -5A 01/26/10 December 1,1th P P P A(E) P P P Planning Commission 6th October 20th November 3rd 17 th December 1 St 15th Sandy Jack P P Meeting P Meeting P David Bentz P P Cancelled P Cancelled P Len Colamarino P P P P Heather Moreno P P Meeting P Meeting P Dennis Schmidt P P Cancelled P Cancelled P Brian Sturtevant P P A(E) P Chuck Ward P P P P P = Present A = Absent A(E) = Excused Absence 09 41 in