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Agenda Packet 101210
ARCHIVE COPY CITY CLERK rsoMR a it Iola R is CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, October 12, 2010 600PM City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER. 6 00 P M PLEDGE OF ALLEGIANCE Council Member Kelley ROLL CALL. Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA. Roll Call PRESENTATION 1 Savor the Central Coast Recap, by Steve Martin, City of Atascadero Marketing Consultant 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 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 ) 1 City Council Meeting Draft Action Minutes — September 14, 2010 ■ Recommendation. Council approve the City Council Meeting Draft Action Minutes of September 14, 2010 [City Clerk] 2. City Council Meeting Draft Action Minutes — September 28, 2010 ■ Recommendation. Council approve the City Council Meeting Draft Action Minutes of September 28, 2010 [City Clerk] 3 City Council / Parks & Recreation Commission Special Joint Meeting Draft Action Minutes —September 28, 2010 ■ Recommendation. Council approve the City Council / Parks & Recreation Commission Special Joint Meeting Draft Action Minutes of September 28, 2010 [City Clerk] 4. August 2010 Accounts Payable and Payroll ■ Fiscal Impact: $2,504,745.25 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for August 2010 [Administrative Services] 5 Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation ■ Fiscal Impact: A revenue of$2500 00 plus 9% of their gross receipts ■ Recommendation. Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park for a period of two years [Community Services] 2 6 Pre-Qualification Procedure for Ach-08 Bid on Historic City Hall Project ■ Fiscal Impact: The authorization of a pre-qualification process for the Historic City Hall Bid Package ACH-08 will result in no fiscal impact to the City It may, however, reduce the risk of a potential loss of FEMA funding and exposure to other claims ■ Recommendation. Council adopt the attached Draft Resolution, authorizing the procedure for pre-qualification of contractors for Bid Package ACH-08 on the Historic City Hall Project. [Public Works] 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 1 PPN 2004-0141 Amendment - Atascadero City Hall Repair and Rehabilitation Project Certification of Amended Mitigated Negative Declaration (City of Atascadero) ■ Ex Parte Communications. ■ Fiscal Impact: Costs associated with the tree removals are unknown at this time Bernard's will be releasing a request for proposal to obtain bids for the five tree removals ■ Recommendation. Council adopt Draft Resolution A, certifying the historic Atascadero City Hall Rehabilitation and Rehabilitation Project Amended Mitigated Negative Declaration 2006-0038, which includes removal of four Deodar Cedar trees and one Italian Cypress tree with incorporated mitigation [Community Development] 3 2 Council Review and Direction - California Green Building Standards Code (CALGreen) ■ Fiscal Impact: Although there will be a modest increase in plancheck review items and additional field inspection verification items, Staff anticipates no increased staffing or fees to cover the additional workload ■ Recommendation. Council review the requirements in the upcoming California Green Building Code, and direct Staff to prepare a draft ordinance that does not include adoption of the optional CALGreen appendices [Community Development] 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 ) 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) 4 SLO Local Agency Formation Commission (LAFCo) - alternate 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) Council Member Beraud 1 City / Schools Committee 2 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 3 Homeless Services Oversight Council 144) 4 E INDIVIDUAL DETERMINATION AND / OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager 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 October 12, 2010 Regular Session of the Atascadero City Council was posted on October 5 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 5th day of October 2010 at Atascadero California. b/ M 42�A� Victoria Randall, Deputy City Clerk City of Atascadero 5 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 Community 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. 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 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 b heard by the Council. 6 ITEM NUMBER. A- 1 DATE 10/12/10 namn,.. n rt �iaia, R is sre7 -7 \ � © CITY OF A TASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, September 14, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency Closed Session 5 00 P M City Council Closed Session 5 00 P M (follows RDA Closed Session) Community Redevelopment Agency Special Meeting 6 00 P M City Council Regular Session Immediately following the conclusion of the Community Redevelopment Agency meeting '*AW CC Draft Action Minutes-091410 Page 1 of 9 7 ITEM NUMBER. A-1 DATE 10/12/10 CITY COUNCIL CLOSED SESSION Immediately following conclusion of Community Redevelopment Agency Closed Session Mayor Fonzi called the Closed Session to order at 5 00 p m 1 CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3 CLOSED SESSION -- CALL TO ORDER a Conference with Legal Counsel — Anticipated Litigation (Govt. Code Sec 54956 9 (c)) Initiation of Litigation - One Potential Case 4 CLOSED SESSION --ADJOURNMENT 6 COUNCIL RETURNS TO CHAMBERS 6 CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken REGULAR SESSION — CALL TO ORDER. Immediately following the conclusion of the Community Redevelopment Agency Meeting Mayor Fonzi called the meeting to order at 6 20 p m and Council Member Beraud led the Pledge of Allegiance 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 Draft Action Minutes—091410 Page 2 of 9 8 ITEM NUMBER. A - 1 DATE 10/12/10 �i1rr� APPROVAL OF AGENDA. Roll Call Mayor Fonzi asked to amend the agenda by, 1 Have Mayor Pro Tem O'Malley make his announcement after the Community Forum, and, 2 Move Council Member Beraud's report on Tobacco Retail Licensing to after the Community Forum MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve the agenda, as amended Motion passed 5.0 by a roll-call vote. PRESENTATION 1 Update on Savor the Central Coast Event Steve Martin gave the City Council an update on the activities taking place during this 4- day event. A. CONSENT CALENDAR 1 City Council Meeting Draft Action Minutes — August 10, 2010 ■ Recommendation. Council approve the City Council Meeting Draft action Minutes of August 10, 2010 [City Clerk] 2. Conflict of Interest Code - Biennial Review ■ Fiscal Impact. None ■ Recommendation. Council adopt the Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero [City Clerk] 3. July 2010 Accounts Payable and Payroll ■ Fiscal Impact: $3,015,611 09 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for July 2010 [Administrative Services] CC Draft Action Minutes—091410 Page 3 of 9 9 ITEM NUMBER. A -1 DATE 10/12/10 4 CSAC - EIA Delegation of Authority ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution delegating authority for CSAC-Excess Insurance Authority governance to the Director of Administrative Services to act on behalf of the City Council (except as to actions that must be approved by the City Council) [Administrative Services] 5 Title 8 Building Code Text Amendments - Title 9 Planning and Zoning Text Amendments - PLN 2010-1364 / ZCH 2010-0159 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Council introduce for second reading by title only the Draft Ordinance, to approve PLN 2010-1364 (Zone Text Change ZCH 2010-0159) [Community Development] 6 Temporary Road Closure — Colony Days Parade Route ■ Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600 00) ■ Recommendation. Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 16, 2010, and establishing associated tow-away and "No Parking" zones and road closures from October 14 — 17, 2010, at the dates, times and locations 1400 as specified in the Draft Resolution [Community Services] 7 Contract for Animal Care and Control Services - FY 2010 - 2013 ■ Fiscal Impact: $239,23300 for the first year, with annual CPI adjustments thereafter ■ Recommendation. Council authorize the Mayor to execute a three-year contract with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2010 to June 30, 2013, in the amount of $239,233 00 for the first year, with annual CPI adjustments thereafter [Police] 8 Transit Bus Purchase ■ Fiscal Impact: The purchase price for the 30-passenger transit bus is $101,17091 ■ Recommendation. Council authorize Staff to proceed with the purchase of a 30-passenger transit bus through the CaIACT/MBTA Purchasing Cooperative from Creative Bus Sales for $101,170 91 [Public Works] CC Draft Action Minutes—091410 Page 4of9 10 ITEM NUMBER. A-1 DATE 10/12/10 9 Urban Greening Grant Application Approval ■ Fiscal Impact: The adoption of this Resolution will allow future authorizations and/or funding reimbursements to be received by the City on the Charles Paddock Zoo Parking Lot Project. ■ Recommendation. Council adopt the Draft Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (PROPOSITION 84 ) [Public Works] MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve Items #A-1, 3, 4, 6, 7, 8, & 9 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (#A-4 Resolution No. 2010-063, #A-6 Resolution No. 2010-064, #A-7 Contract No. 2010-018, #A-9 Resolution No. 2010-065) Citizen Mike Brennler pulled Item #A-2, and Mayor Fonzi pulled Item #A-5 Item #A-2 Mike Brennler asked for clarification on this item City Clerk Torgerson explained that the Political Reform Act requires that the City's Conflict of Interest Code be reviewed every two years and be amended if necessary The changes of staff's titles in the report reflect the current staffing levels MOTION By Council Member Clay and seconded by Council Member Beraud to approve #A-2 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (Resolution No. 2010- 066) Item #A-5 Mayor Fonzi asked staff to review all the changes that will take place as a result of the adoption of this Ordinance Community Development Director Frace summarized the Ordinance MOTION By Council Member Clay and seconded by Council Member Kelley to approve Item #A-5 the Consent Calendar Motion passed 4 1 by a roll-call vote. (Beraud opposed) (Ordinance No. 552) UPDATES FROM THE CITY MANAGER. Assistant City Manager Jim Lewis gave an update on projects and issues within the City Also, Fire Chief Kurt Stone reviewed Atascadero's mutual aid during the Pozo fire CC Draft Action Minutes—091410 Page 5 of 9 11 ITEM NUMBER. A - 1 DATE 10/12/10 COMMUNITY FORUM The following citizens spoke during Community Forum Lee Perkins, Joanne Main, Lloyd Reeves, Maggie Vandergon, Chuck Ward, Len Colamarino, and Mike Brennler Mayor Fonzi recessed the meeting at 7.40p.m Mayor Fonzi reconvened the meeting at 7.50p.m COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem O'Malley announced that due to the resignation of Commissioner Chacon, his new appointment to the Parks and Recreation Commission will be Mark Dariz. 1 Council Member Ellen Beraud a Tobacco Retail Licensing Ordinance. Council Member Beraud seeks Council consensus to place a Tobacco Retail Licensing Ordinance on a future Council agenda for Council consideration Mayor Fonzi asked Christine LeFevre, SLO County Health Department, to speak on the issue Ms LeFevre summarized the County's position on this issue PUBLIC COMMENT The following citizens spoke on this item Joanne Main, Lee Perkins, Mike Lautner, and Bruce Bevins Mayor Fonzi closed the Public Comment period. There was lengthy Council discussion on this issue MOTION By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to direct staff to place the issue of tobacco retail licensing, and other options on the issue that are available, on a future agenda as an action item Motion passed 3 2 by a roll-call vote. (Clay and Kelley opposed) MOTION By Council Member Clay and seconded by Council Member O'Malley to direct staff to be aggressive, and prepare a letter to the businesses that have been cited CC Draft Action Minutes—091410 -40� Page 6 of 9 12 ITEM NUMBER. A -1 DATE 10/12/10 City Attorney Pierik stated the Council cannot take action on something that is not on the agenda, but they can give direction to the City Manager to bring back to the Council an item for their consideration Council Member Clay withdrew his motion and asked for Council consensus to give the City Manager direction to prepare a letter that would state the Council's opinion of the situation and urge them to comply There was Council consensus to give staff direction to create a letter to the businesses that were cited, warning them that if they continue to violate the laws, the City will adopt a tobacco retail licensing ordinance. B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Final Draft of Baseline Greenhouse Gas Inventory -- Community- Wide and Government Operations 2005 ■ Fiscal Impact: No current fiscal impact; report completed by grant through APCD ■ Recommendation. Council review and accept baseline greenhouse gas inventory report. [Community Development] Community Development Director Warren Frace gave the staff report, introduced consultant Tammy Seale with PMC, and answered questions from the Council PUBLIC COMMENT The following citizens spoke on this item Bruce Bevins, Chuck Ward, and Mike Lautner Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to review and receive the baseline greenhouse gas inventory report. Motion passed 5.0 by a roll-call vote. Mayor Fonzi recessed the meeting at 9.50p.m. Mayor Fonzi reconvened the meeting at 9.56 p.m. V*'"` CC Draft Action Minutes—091410 Page 7 of 9 13 ITEM NUMBER. A-1 DATE 10/12/10 2. Establishment of Speed Limits on Various City Streets ■ Fiscal Impact: The estimated cost of installing a new speed limit sign and post is $250-$350, and to replace an existing speed limit sign is $100 The fiscal impact of this action is approximately $8,000 for materials and labor to be paid out of currently budgeted Street Maintenance funds ■ Recommendation. Council 1 Approve the 2010 Speed Zone Survey Update, dated July 2010, by TPG Consulting Group, Inc , and, 2 Adopt the attached Draft Resolution which formally establishes and/or modifies speed limits on various City streets [Police] Public Works Director Russ Thompson gave the staff report, introduced consultant Wally Hutchinson of TPG Consulting, Inc , and answered questions from the Council Mr Thompson also submitted the 2010 Speed Zone Survey Update Report (July 2010) for the record (Exhibit A) PUBLIC COMMENT The following citizen spoke on this item Len Colamarino Mayor Fonzi closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member Kelley to 1 Approve the 2010 Speed Zone Survey Update, dated July 2010, by TPG Consulting Group, Inc , excluding the following street segments a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b. San Gabriel Road, from Monita Road to Morro Road c. Traffic Way, from Rosario Ave to Orillas Way d. Traffic Way, from Orillas Way to Carrizo Road, and, 2. Adopt the attached Draft Resolution which formally establishes and/or modifies speed limits on various City streets, excluding the following street segments a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b San Gabriel Road, from Monita Road to Morro Road c. Traffic Way, from Rosario Ave to Orillas Way d Traffic Way, from Orillas Way to Carrizo Road, and, CC Draft Action Minutes—091410 Nwv� Page 8 of 9 14 ITEM NUMBER. A- 1 DATE 10/12/10 *MW 3 Direct Staff to perform additional analysis on the following street segments, for potential reduction of speed limit: a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b San Gabriel Road, from Monita Road to Morro Road c Traffic Way, from Rosario Ave to Orillas Way d Traffic Way, from Orillas Way to Carrizo Road. Motion passed 5.0 by a roll-call vote. (Resolution No 2010- 067) COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay stated that there is a rumor that he is not well and will not be serving out the balance of his term He said that he is fine, rides his bike frequently and will be serving the balance of his term D COMMITTEE REPORTS None E INDIVIDUAL DETERMINATION AND / OR ACTION City Clerk Torgerson announced the City will be hosting a Candidate Forum on Wednesday, September 22nd at 6 00 p m and this will be a continuation of the Building Public Trust Program that was initiated in 2008 City Council and City Treasurer candidates will be participating F ADJOURNMENT Mayor Fonzi adjourned the meeting at 10 55 P M MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk /Assistant to the City Manager The following exhibit is available for review in the City Clerk's office Exhibit A—2010 Speed Zone Survey Update Report(July 2010) CC Draft Action Minutes—091410 Page 9 of 9 15 ITEM NUMBER. A -2 DATE. 10/12/10 nn`mtr,} a a f I � �I iaisn is a-7 �D CITY OF A TASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, September 28, 2010 600PM City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER. 6 00 P M Mayor Fonzi called the meeting to order at and Council Member Clay led the Pledge of Allegiance 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. APPROVAL OF AGENDA. Roll Call CC Draft Action Minutes -092810 Page 1 of 4 17 ITEM NUMBER. A -2 DATE 10/12/10 MOTION By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATION 1 Savor the Central Coast Preview Atascadero Marketing Consultant Steve Martin gave a preview of what people can expect at the Savor the Central Coast event. A. CONSENT CALENDAR. 1 DUI Enforcement and Awareness Program Funded through the Office of Traffic Safety ■ Fiscal Impact: Funds will be used from the General Fund and then reimbursed under the grant program There is no City-funded match required ■ Recommendation. Council adopt the Draft Resolution accepting the State of California Office of Traffic Safety "DUI Awareness and Enforcement" Grant in the amount of $112,124 [Police] MOTION By Council Member Clay and seconded by Council Member Kelley to approve the Consent Calendar Motion passed 5.0 by a roll-call vote. (Resolution No 2010- 068) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney gave an update on projects and issues within the City COMMUNITY FORUM The following citizens spoke during Community Forum Tom Farrell, Steve Martin, Chuck Ward, Maggie Cox, and Joanne Main Mayor Fonzi closed the COMMUNITY FORUM period. B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Update on AB 811 Property Assessed Clean Energy Programs - CaliforniaFIRST (Statewide) & Atascadero SMART Energy 14,00 CC Draft Action Minutes -092810 Page 2 of 4 18 ITEM NUMBER. A -2 DATE 10/12/10 ■ Fiscal Impact: There is no cost to the City for either program Minimal staff time is required to maintain contact with consultants and work with the public on the programs ■ Recommendation. No Council action required, update only [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None The Council received the report. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay thanked everyone for eating at local restaurants and asked that they continue to do so D COMMITTEE REPORTS None E INDIVIDUAL DETERMINATION AND / OR ACTION City Manager Community Development Director Frace gave an update to the Council regarding the Paso Robles Groundwater Basin issue He explained that the County is very concerned with the status of the Paso Robles Groundwater Basin, which is the major water basin in the north county The County has conducted a study of the capacity of the Basin and they are considering declaring the Basin at or near an overdraft situation Atascadero is unique as we are served by the Atascadero Mutual Water Company, which has access to surface water through the Nacimiento Pipeline Project that is coming online soon City staff has submitted a letter to the County asking that the City of Atascadero, and specifically the Eagle Ranch annexation, be given some sort of exemption as part of their resource capacity study, so that the Eagle Ranch project can move ahead even if they establish a moratorium on County projects within this area F ADJOURNMENT Mayor Fonzi adjourned the meeting at 6 48 p m CC Draft Action Minutes -092810 Page 3 of 4 19 ITEM NUMBER. A -2 DATE 10/12/10 MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk /Assistant to the City Manager CC Draft Action Minutes -092810 Page 4 of 4 20 ITEM NUMBER. A -3 DATE 10/12/10 **awl SPECIAL JOINT MEETING Atascadero City Council Atascadero Parks & Recreation Commission Bicycle Transportation Plan Tuesday, September 28, 2010 Special Meeting follows the conclusion of the City Council Regular Meeting scheduled for 6 00 P M City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California DRAFT ACTION MINUTES JOINT MEETING -- CITY COUNCIL AND PARKS & RECREATION COMMISSION ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Parks and Recreation Commissioners Cooper, Wachtel, Butz, Marks, and Greenaway (arrived late) Absent: Commissioner Zirk 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. Joint CC/ P&R Commission Draft Minutes -092810 Page 1 of 3 21 ITEM NUMBER. A -3 DATE 10/12/10 OATH OF OFFICE Newly appointed Parks and Recreation Commissioner, Mark Dariz, will be sworn in by City Clerk Marcia Torgerson NOW City Clerk Torgerson administered the Oath of Office for Mark Dariz. PRESENTATION Parks and Recreation Update Community Services Director Brady Cherry gave the update for the Council and Commission 1 Bicycle Transportation Plan ■ Fiscal Impact: Plan development costs have been absorbed by the Community Services, Public Works and Community Development Departments Capital Improvement costs and other costs indicated in the Bike Plan are not funded nor budgeted The plan is not a spending initiative, and does not require the City to build any of the projects identified in the plan The Bike Plan is a planning document that will allow the City to be eligible for a number of State and Federal funding opportunities The City's ability to obtain grants and other outside funding sources is directly linked to having an adopted Bicycle Transportation Plan ■ Recommendation. Council and Parks and Recreation Commission review and comment on the Draft Atascadero Bicycle Transportation Plan and provide direction as necessary [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council PUBLIC COMMENT The following citizens spoke on this item Victor Montgomery, Geiska Velasquez, Len Colamarino (spoke twice), Dan Rivoire, and Gail Vanderlin Mayor Fonzi closed the Public Comment period. The City Council Members and Parks and Recreation Commissioners expressed support for this Plan and made suggestions • Include some indication that future trails would be in the Eagle Ranch project • Soften the language in the Plan, such as replacing "shall" with "should" or"may " • Pursue solid shoulders • Work towards having bike lanes that do not start and stop There was consensus of the Council and Commission to initially omit Eagle Ranch from the Plan and incorporate the project later Joint CC/ P&R Commission Draft Minutes -092810 Page 2 of 3 22 ITEM NUMBER. A-3 DATE 10/12/10 ADJOURNMENT �i.•; Mayor Fonzi adjourned the meeting at 8 19 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager Joint CC/P&R Commission Draft Minutes -092810 Page 3 of 3 23 ITEM NUMBER. A-4 DATE 10/12/10 ` 1918 1979 �ASCADF,�// Atascadero City Council Staff Report - Administrative Services Department August 2010 Accounts Payable and Payroll RECOMMENDATION Council approve certified City accounts payable, payroll and payroll vendor checks for August 2010 DISCUSSION Attached for City Council review and approval are the following Payroll Dated 08/05/10 Checks # 28096 - 28138 $ 28,373 50 Direct Deposits 233,454 53 Dated 08/19/10 Checks # 28139 - 28180 28,783 58 Direct Deposits 241,050 57 *4W Accounts Payable Dated 08/01/10-08/31/10 Checks # 125627 - 125985 & EFTs 857 - 866 1,973,083 07 TOTAL AMOUNT $ 2,504,745 25 FISCAL IMPACT Total expenditures for all funds is $ 2,504,745.25 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands RacheI16 Rickard, Director of Administrative Services ATTACHMENT August 2010 Eden Warrant Register in the amount of $ 1,973,083 07 25 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125627 08/06/2010 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000 125628 08/06/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 125629 08/06/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 93000 125630 08/06/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2,53616 125631 08/06/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9 016 15 125632 08/06/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1 19740 125633 08/06/2010 SEIU LOCAL 620 Payroll Vendor Payment 85521 125634 08/06/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 125635 08/06/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,01889 125636 08/09/2010 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,502.24 125637 08/09/2010 CSAC EIA Payroll Vendor Payment 1,18674 125638 08/09/2010 MEDICAL EYE SERVICES Payroll Vendor Payment 1 55511 125639 08/09/2010 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,11302 125640 08/09/2010 SDRMA Payroll Vendor Payment 119,190 96 857 08/10/2010 RABOBANK, N.A. Payroll Vendor Payment 41 35961 858 08/10/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTED Payroll Vendor Payment 84,238 27 859 08/10/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,2636 860 08/10/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,28440 125641 08/13/2010 KEITH AGGSON Accounts Payable Check 500 125642 08/13/2010 AIRGAS WEST Accounts Payable Check 112.32 125643 08/13/2010 ALTHOUSE&MEADE, INC Accounts Payable Check 27000 125644 08/13/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 2676 125645 08/13/2010 AT&T Accounts Payable Check 17579 125646 08/13/2010 ATASCADERO NEWS Accounts Payable Check 1 00000 125647 08/13/2010 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 1 34406 125648 08/13/2010 BACK ON THE RACKS Accounts Payable Check 41934 125649 08/13/2010 BFGC ARCHITECTS PLANNERS INC Accounts Payable Check 97427 125650 08/13/2010 CALIFORNIA CONSERVATION CORP Accounts Payable Check 84000 125651 08/13/2010 KATE CAPELA Accounts Payable Check 21 47 125652 08/13/2010 COASTAL COPY LP Accounts Payable Check 153.28 125653 08/13/2010 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 66682 125654 08/13/2010 CONOCOPHILLIPS Accounts Payable Check 25644 125655 08/13/2010 COUNTY AUDITOR-CONTROLLER Accounts Payable Check 12350 125656 08/13/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 2 486 0r' 125657 08/13/2010 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1 040 0war# 26 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount '"'125658 08/13/2010 DEPT OF TOXIC SUBSTANCES CTRL Accounts Payable Check 20000 125659 08/13/2010 EL CAMINO CAR WASH LLC Accounts Payable Check 1695 125660 08/13/2010 FERRAVANTI GRADING &PAVING Accounts Payable Check 19 575 00 125661 08/13/2010 FIRSTLINE GLOVES INC Accounts Payable Check 15436 125662 08/13/2010 GEM AUTO PARTS Accounts Payable Check 182.54 125663 08/13/2010 GIBBS INTERNATIONAL, INC Accounts Payable Check 2364 125664 08/13/2010 GIERLICH-MITCHELL, INC Accounts Payable Check 3 491 11 125665 08/13/2010 GROUND UP DESIGN &CONST MGMT Accounts Payable Check 5 956 69 125666 08/13/2010 HOME DEPOT Accounts Payable Check 582.33 125667 08/13/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 61.25 125668 08/13/2010 KCI ENVIRONMENTAL, INC Accounts Payable Check 70000 125669 08/13/2010 L.N CURTIS&SONS Accounts Payable Check 90442 125670 08/13/2010 LEE WILSON ELECTRIC CO INC Accounts Payable Check 2 100 00 125671 08/13/2010 LIFE ASSIST INC Accounts Payable Check 50847 125672 08/13/2010 LISA WISE CONSULTING INC Accounts Payable Check 99000 125673 08/13/2010 MADRONE LANDSCAPES INC Accounts Payable Check 3,383.20 125674 08/13/2010 MID-COAST MOWER&SAW Accounts Payable Check 1400 125675 08/13/2010 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 4 309 43 '*401 125676 08/13/2010 MILLENNIUM CONSULTING ASSC Accounts Payable Check 16,523 00 125677 08/13/2010 MINER'S ACE HARDWARE Accounts Payable Check 6211 125678 08/13/2010 MISSION UNIFORM SERVICE Accounts Payable Check 15.24 125679 08/13/2010 NCI AFFILIATES INC Accounts Payable Check 33500 125680 08/13/2010 PAUL NETZ Accounts Payable Check 2000 125681 08/13/2010 PERFORMANCE SWEEPING INC Accounts Payable Check 1,86000 125682 08/13/2010 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 181 06 125683 08/13/2010 RAVATT,ALBRECHT &ASSC INC Accounts Payable Check 3 370 00 125684 08/13/2010 RC CONSULTING ENGINEERS INC Accounts Payable Check 42785 125685 08/13/2010 RICK ENGINEERING COMPANY Accounts Payable Check 1 00400 125686 08/13/2010 SAN LUIS POWERHOUSE, INC Accounts Payable Check 1 491 97 125687 08/13/2010 SANTA MARIA TIRE, INC Accounts Payable Check 5041 125688 08/13/2010 MARCIA TORGERSON Accounts Payable Check 4901 125689 08/13/2010 TPG CONSULTING INC Accounts Payable Check 8792.00 125690 08/13/2010 US BANK Accounts Payable Check 10 524 54 125691 08/13/2010 UNDERWRITERS LABORATORIES INC Accounts Payable Check 4,52790 125692 08/13/2010 UNION BANK, N.A. Accounts Payable Check 87500 125693 08/13/2010 VERIZON WIRELESS Accounts Payable Check 2 674 39 125694 08/13/2010 WALLACE GROUP Accounts Payable Check 4,26898 27 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125695 08/13/2010 WILLIAM P WHITE Accounts Payable Check 90 9 125696 08/13/2010 WINE COUNTRY BALANCE Accounts Payable Check 38500 125697 08/13/2010 ACES TRANSCRIBING &SECRETARIA Accounts Payable Check 41800 125698 08/13/2010 AFSS-SOUTHERN DIVISION Accounts Payable Check 5000 125699 08/13/2010 ALL SIGNS AND GRAPHICS LLC Accounts Payable Check 72466 125700 08/13/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 35230 125701 08/13/2010 ALLY LLC Accounts Payable Check 96455 125702 08/13/2010 AMI PIPE&SUPPLY Accounts Payable Check 39782 125703 08/13/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 48794 125704 08/13/2010 AT&T Accounts Payable Check 12944 125705 08/13/2010 AT&T Accounts Payable Check 61.22 125706 08/13/2010 AT&T Accounts Payable Check 681.26 125707 08/13/2010 AT&T Accounts Payable Check 48584 125708 08/13/2010 ATAS COMM REDEV AGENCY Accounts Payable Check 31 13300 125709 08/13/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 23 990 00 125710 08/13/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 97500 125711 08/13/2010 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 57600 125712 08/13/2010 BAUER COMPRESSORS Accounts Payable Check 227 6r 125713 08/13/2010 RICK K. BAUER Accounts Payable Check 411 0 125714 08/13/2010 BIOMEDICAL CLINICAL ENGINEER Accounts Payable Check 40000 125715 08/13/2010 BREZDEN PEST CONTROL Accounts Payable Check 16000 125716 08/13/2010 BURTON'S FIRE, INC Accounts Payable Check 1 12070 125717 08/13/2010 BUTLER BUSINESS MACHINES Accounts Payable Check 62801 125718 08/13/2010 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 43 507.24 125719 08/13/2010 CALIFORNIA CODE CHECK, INC Accounts Payable Check 6 087 62 125720 08/13/2010 CALIFORNIA J P I.A. Accounts Payable Check 16 923 00 125721 08/13/2010 CALSENSE Accounts Payable Check 39038 125722 08/13/2010 CAL-STATE AUTO GLASS Accounts Payable Check 280.26 125723 08/13/2010 CALVERT COMPANY Accounts Payable Check 1 572.51 125724 08/13/2010 ALFREDO CASTILLO Accounts Payable Check 3000 125725 08/13/2010 LISA CAVA Accounts Payable Check 31800 125726 08/13/2010 VOID Accounts Payable Check 000 125727 08/13/2010 CHEVRON &TEXACO BUS CARD SVC Accounts Payable Check 4 081 27 125728 08/13/2010 CHICAGO GRADE LANDFILL, INC Accounts Payable Check 8000 125729 08/13/2010 CITY OF ARROYO GRANDE Accounts Payable Check 3052 125730 08/13/2010 CITY OF ATASCADERO Accounts Payable Check 245 Or' 125731 08/13/2010 COAST ELECTRONICS Accounts Payable Check 46 9ww0 28 City of Atascadero Disbursement Listinq For the Month of August 2010 Check Check "lumber Date Vendor Description Amount 125732 08/13/2010 COLONY AUTO SERVICE, INC Accounts Payable Check 992.89 125733 08/13/2010 CONOCOPHILLIPS Accounts Payable Check 1 38932 125734 08/13/2010 CROP PRODUCTION SERVICES Accounts Payable Check 12882 125735 08/13/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 91 80 125736 08/13/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 14000 125737 08/13/2010 MATTHEW J CURRY Accounts Payable Check 22500 125738 08/13/2010 DARRYL'S LOCK AND SAFE Accounts Payable Check 101 14 125739 08/13/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 95000 125740 08/13/2010 DISH NETWORK, LLC Accounts Payable Check 91 99 125741 08/13/2010 ESCUELA DEL RIO Accounts Payable Check 72.00 125742 08/13/2010 ESRI Accounts Payable Check 11 57752 125743 08/13/2010 FERRAVANTI GRADING & PAVING Accounts Payable Check 98 773.22 125744 08/13/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 4400 125745 08/13/2010 FGL ENVIRONMENTAL Accounts Payable Check 35 00 125746 08/13/2010 FIRSTLINE GLOVES INC Accounts Payable Check 231 55 125747 08/13/2010 FLUID RESOURCE MANAGEMENT INC Accounts Payable Check 94573 125748 08/13/2010 ROBERTA FONZI Accounts Payable Check 2850 125749 08/13/2010 FOOD FOR LESS Accounts Payable Check 12.08 *4011"125750 08/13/2010 WARREN FRACE Accounts Payable Check 30000 125751 08/13/2010 GAS COMPANY Accounts Payable Check 52334 125752 08/13/2010 ANDREW J GEFTAKYS Accounts Payable Check 7200 125753 08/13/2010 GEM AUTO PARTS Accounts Payable Check 38841 125754 08/13/2010 GILBERT'S LANDSCAPES Accounts Payable Check 37500 125755 08/13/2010 GOLDING CONCRETE SAWING Accounts Payable Check 54000 125756 08/13/2010 CYNTHIA A. GREEN Accounts Payable Check 54 00 125757 08/13/2010 GRISANTI HARDWARE Accounts Payable Check 11 69 125758 08/13/2010 GROUND UP DESIGN&CONST MGMT Accounts Payable Check 8,606.22 125759 08/13/2010 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 9 780 00 125760 08/13/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 14217 125761 08/13/2010 KELLIE K. HART Accounts Payable Check 57330 125762 08/13/2010 HOME DEPOT Accounts Payable Check 32276 125763 08/13/2010 JEFF HUMPHREY Accounts Payable Check 14500 125764 08/13/2010 EVELYN R. INGRAM Accounts Payable Check 611 38 125765 08/13/2010 INTERSTATE BILLING SERVICE Accounts Payable Check 51438 125766 08/13/2010 K.D JANNI LANDSCAPING INC Accounts Payable Check 39002 125767 08/13/2010 KCI ENVIRONMENTAL, INC Accounts Payable Check 70000 125768 08/13/2010 JOY L. KRULL Accounts Payable Check 14700 29 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125769 08/13/2010 JAMES R. LEWIS Accounts Payable Check 25000 125770 08/13/2010 LOCATE PLUS CORPORATION Accounts Payable Check 3600 125771 08/13/2010 MAINLINE UTILITY CO Accounts Payable Check 90000 125772 08/13/2010 MARK SIMON SEWER MAINTENANCE Accounts Payable Check 44 817 10 125773 08/13/2010 WADE MCKINNEY Accounts Payable Check 71700 125774 08/13/2010 MINER'S ACE HARDWARE Accounts Payable Check 401 80 125775 08/13/2010 MISSION UNIFORM SERVICE Accounts Payable Check 17583 125776 08/13/2010 JOHNNY F MITCHELL Accounts Payable Check 152.00 125777 08/13/2010 NATIONAL NOTARY ASSOCIATION Accounts Payable Check 52.00 125778 08/13/2010 NORTH CO COMMUNICATIONS LLC Accounts Payable Check 16000 125779 08/13/2010 OFFICE DEPOT INC Accounts Payable Check 1,80550 125780 08/13/2010 ORCHARD SUPPLY HARDWARE Accounts Payable Check 41 95 125781 08/13/2010 TARA ORLICK Accounts Payable Check 21 50 125782 08/13/2010 PACIFIC AUTO GLASS Accounts Payable Check 31032 125783 08/13/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 9 326 59 125784 08/13/2010 PARADISE COALITION INC Accounts Payable Check 84000 125785 08/13/2010 JASON M. PLATZ Accounts Payable Check 3600 125786 08/13/2010 POOR RICHARD'S PRESS Accounts Payable Check 496 6F 125787 08/13/2010 PROCARE JANITORIAL SUPPLY INC Accounts Payable Check 322.4 125788 08/13/2010 RECOGNITION WORKS Accounts Payable Check 124.21 125789 08/13/2010 RACHELLE RICKARD Accounts Payable Check 30000 125790 08/13/2010 MICHELLE R. ROGERS Accounts Payable Check 29400 125791 08/13/2010 S W MARTIN&ASSOCIATES Accounts Payable Check 11 08333 125792 08/13/2010 SAFETY DRIVERS ED LLC Accounts Payable Check 6860 125793 08/13/2010 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 17348 125794 08/13/2010 SHELL Accounts Payable Check 72545 125795 08/13/2010 JOHN C SIEMENS Accounts Payable Check 25900 125796 08/13/2010 SIGTRONICS CORP Accounts Payable Check 14572 125797 08/13/2010 SLO GREEN BUILD Accounts Payable Check 2,00000 125798 08/13/2010 SLOVOAD Accounts Payable Check 2000 125799 08/13/2010 DAVID L. SMAW Accounts Payable Check 9500 125800 08/13/2010 RYAN SMITH Accounts Payable Check 14500 125801 08/13/2010 SUNLIGHT JANITORIAL Accounts Payable Check 2,261 00 125802 08/13/2010 DAVA C SUTHERLAND Accounts Payable Check 9060 125803 08/13/2010 SWANK MOTION PICTURES INC Accounts Payable Check 321 00 125804 08/13/2010 TESORO FLEET SERVICES Accounts Payable Check 5 759 9F 125805 08/13/2010 TEXAS REFINERY CORP Accounts Payable Check 43 30 30 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount X125806 08/13/2010 RUSS THOMPSON Accounts Payable Check 41300 125807 08/13/2010 TPG CONSULTING INC Accounts Payable Check 3 051 00 125808 08/13/2010 TRIBUNE Accounts Payable Check 9450 125809 08/13/2010 TW TELECOM, INC Accounts Payable Check 76084 125811 08/13/2010 US BANK Accounts Payable Check 5 094 68 125812 08/13/2010 ULTREX BUSINESS PRODUCTS Accounts Payable Check 63366 125813 08/13/2010 UNDERGROUND SERVICE ALERT Accounts Payable Check 43632 125814 08/13/2010 USA MOBILITY WIRELESS INC Accounts Payable Check 1880 125815 08/13/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1 481 52 125816 08/13/2010 WELL SEEN SIGN COMPANY Accounts Payable Check 151 55 125817 08/13/2010 BRIAN WESTERMAN Accounts Payable Check 40850 125818 08/13/2010 WESTERN JANITOR SUPPLY Accounts Payable Check 37665 125819 08/13/2010 WONDRIES FLEET GROUP Accounts Payable Check 80 726 64 125820 08/13/2010 YESTERDAYS SPORTSWEAR Accounts Payable Check 30981 125821 08/13/2010 Z.A.P MANUFACTURING INC Accounts Payable Check 85117 125822 08/20/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 63000 125823 08/20/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 125824 08/20/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 93000 125825 08/20/2010 AXA EQUITABLE Payroll Vendor Payment 52012 125826 08/20/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2 536 16 125827 08/20/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 16000 125828 08/20/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,92615 125829 08/20/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,27648 125830 08/20/2010 SEIU LOCAL 620 Payroll Vendor Payment 86052 125831 08/20/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 31161 125832 08/20/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1 81889 861 08/24/2010 RABOBANK, N.A. Payroll Vendor Payment 44,334 55 862 08/24/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEt Payroll Vendor Payment 86 353 66 863 08/24/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 13 401 88 864 08/24/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1 30089 865 08/26/2010 BANK OF NEW YORK MELLON Accounts Payable Check 151 751.25 866 08/26/2010 BANK OF NEW YORK MELLON Accounts Payable Check 567 896.25 125833 08/27/2010 ACTIVE MEDICAL&SAFETY Accounts Payable Check 192.53 125834 08/27/2010 ADAMSON POLICE PRODUCTS Accounts Payable Check 1 49095 125835 08/27/2010 ALL ABOUT PRODUCE, INC Accounts Payable Check 39455 31 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125836 08/27/2010 ALL SIGNS AND GRAPHICS LLC Accounts Payable Check 77 94*00 125837 08/27/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 17615 125838 08/27/2010 ALL-STATE UTILITY SUPPLY INC Accounts Payable Check 18971 125839 08/27/2010 ALLY LLC Accounts Payable Check 26650 125840 08/27/2010 ALTHOUSE&MEADE, INC Accounts Payable Check 18750 125841 08/27/2010 AMERICAN MARBORG Accounts Payable Check 92542 125842 08/27/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 72362 125843 08/27/2010 AQUAMARK POOL CARE Accounts Payable Check 48975 125844 08/27/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 43410 125845 08/27/2010 ARBOR DAY FOUNDATION Accounts Payable Check 1500 125846 08/27/2010 AT&T Accounts Payable Check 16616 125848 08/27/2010 AT&T Accounts Payable Check 88715 125849 08/27/2010 ATASCADERO HAY&FEED Accounts Payable Check 1,21384 125850 08/27/2010 ATASCADERO MAIN STREET INC Accounts Payable Check 30 000 00 125851 08/27/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 48610 125852 08/27/2010 ATASCADERO NEWS Accounts Payable Check 1,200 00 125853 08/27/2010 A-TOWN AUDIO VIDEO Accounts Payable Check 97500 125854 08/27/2010 BAIBA'S SAFETY SERVICE, INC Accounts Payable Check 1 54000 125855 08/27/2010 BASSETT'S CRICKET RANCH INC Accounts Payable Check 65 4 125856 08/27/2010 SHERRY BAZZELL Accounts Payable Check 6600 125857 08/27/2010 BMI Accounts Payable Check 30500 125858 08/27/2010 NICHOLAS P BOONISAR Accounts Payable Check 2400 125859 08/27/2010 BUTLER BUSINESS MACHINES Accounts Payable Check 279.29 125860 08/27/2010 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 35,888 63 125861 08/27/2010 CAL-COAST REFRIGERATION INC Accounts Payable Check 252.88 125862 08/27/2010 CALIFORNIA PARKS& RECREATION Accounts Payable Check 14000 125863 08/27/2010 CALPORTLAND Accounts Payable Check 871 80 125864 08/27/2010 KATE CAPELA Accounts Payable Check 32.76 125865 08/27/2010 SARAH B CARDINALI Accounts Payable Check 223.20 125866 08/27/2010 LISA CAVA Accounts Payable Check 1750 125867 08/27/2010 VOID Accounts Payable Check 000 125868 08/27/2010 CENTRAL COAST SANDBLASTING LLC Accounts Payable Check 40000 125869 08/27/2010 CHICAGO GRADE LANDFILL, INC Accounts Payable Check 10000 125870 08/27/2010 DON CLICKARD Accounts Payable Check 5000 125871 08/27/2010 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 50253 125872 08/27/2010 NICHOLAS E. COUGHLIN Accounts Payable Check 562.00 125873 08/27/2010 CREDIT BUREAU Accounts Payable Check 20 8 32 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125874 08/27/2010 CROP PRODUCTION SERVICES Accounts Payable Check 62303 125875 08/27/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 172.40 125876 08/27/2010 CWEA TRI-COUNTIES SECTION Accounts Payable Check 6000 125877 08/27/2010 DARRYL'S LOCK AND SAFE Accounts Payable Check 9146 125878 08/27/2010 DAVEY RESOURCE GROUP Accounts Payable Check 38000 125879 08/27/2010 DECOU LUMBER COMPANY Accounts Payable Check 771 26 125880 08/27/2010 DELTA LIQUID ENERGY Accounts Payable Check 8437 125881 08/27/2010 D-KAL ENGINEERING INC Accounts Payable Check 86100 125882 08/27/2010 DMV RENEWAL Accounts Payable Check 7600 125883 08/27/2010 DOCUTEAM Accounts Payable Check 4340 125884 08/27/2010 DRIVE CUSTOMS Accounts Payable Check 3 004 55 125885 08/27/2010 EARTH SYSTEMS PACIFIC Accounts Payable Check 1 08954 125886 08/27/2010 ED'S FLY MEAT INC Accounts Payable Check 7650 125887 08/27/2010 ESCUELA DEL RIO Accounts Payable Check 14400 125888 08/27/2010 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 1,86437 125889 08/27/2010 EXECUTIVE INFORMATION SERVICES Accounts Payable Check 24 180 00 125890 08/27/2010 FASTENAL CO Accounts Payable Check 14810 125891 08/27/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 12873 125892 08/27/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 25062 125893 08/27/2010 FGL ENVIRONMENTAL Accounts Payable Check 29000 125894 08/27/2010 FIRST TRANSIT INC Accounts Payable Check 20 398 02 125895 08/27/2010 FOOD FOR LESS Accounts Payable Check 6787 125896 08/27/2010 KEN FORMAN Accounts Payable Check 1000 125897 08/27/2010 FREEDOM POWDER COATING Accounts Payable Check 2 690 00 125898 08/27/2010 SUSAN FUNK Accounts Payable Check 9400 125899 08/27/2010 GAS COMPANY Accounts Payable Check 8571 125900 08/27/2010 ANDREW J GEFTAKYS Accounts Payable Check 5700 125901 08/27/2010 GEM AUTO PARTS Accounts Payable Check 13564 125902 08/27/2010 GEO-WEST LAND CONSULTANTS INC Accounts Payable Check 1 04000 125903 08/27/2010 GOLDEN STATE COPIER&MAILING Accounts Payable Check 57.21 125904 08/27/2010 GOLDING CONCRETE SAWING Accounts Payable Check 10000 125905 08/27/2010 GOLF VENTURES WEST Accounts Payable Check 256.27 125906 08/27/2010 GRISANTI HARDWARE Accounts Payable Check 1085 125907 08/27/2010 H D PETERSON Accounts Payable Check 18491 125908 08/27/2010 RALPH DOUGLAS HARBOTTLE Accounts Payable Check 661 50 125909 08/27/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 8119 ' 125910 08/27/2010 HARVEY'S HONEYHUTS Accounts Payable Check 49618 33 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount 125911 08/27/2010 HENRY SCHEIN INC Accounts Payable Check 186 1 125912 08/27/2010 HINDERLITER, DE LLAMAS Accounts Payable Check 1 34701 125913 08/27/2010 INFORMATION TECHNOLOGY Accounts Payable Check 44535 125914 08/27/2010 KATHY IRVINE Accounts Payable Check 1000 125915 08/27/2010 J CARROLL CORPORATION Accounts Payable Check 4348 125916 08/27/2010 JAKE FANNING CONSTRUCTION Accounts Payable Check 1 07400 125917 08/27/2010 JESPERSEN'S TIRE SERVICE, INC Accounts Payable Check 4550 125918 08/27/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 7089 125919 08/27/2010 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 12790 125920 08/27/2010 JOHN DEERE LANDSCAPES INC Accounts Payable Check 75.20 125921 08/27/2010 MADRONE LANDSCAPES INC Accounts Payable Check 7 949 75 125922 08/27/2010 MAINLINE UTILITY CO Accounts Payable Check 97500 125923 08/27/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 2892.83 125924 08/27/2010 BECKY MAXWELL Accounts Payable Check 9550 125925 08/27/2010 WADE MCKINNEY Accounts Payable Check 35900 125926 08/27/2010 MICHAEL W MERCHANT Accounts Payable Check 22500 125927 08/27/2010 GREGG T MEYER Accounts Payable Check 56200 125928 08/27/2010 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 2,71500 125929 08/27/2010 MID-COAST MOWER&SAW Accounts Payable Check 422 61"0 125930 08/27/2010 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 2,25268 125931 08/27/2010 LOUISE MILLS Accounts Payable Check 11500 125932 08/27/2010 MINER'S ACE HARDWARE Accounts Payable Check 93430 125933 08/27/2010 MISSION UNIFORM SERVICE Accounts Payable Check 2905 125934 08/27/2010 JOHNNY F MITCHELL Accounts Payable Check 342.00 125935 08/27/2010 MICHAL S MOSES Accounts Payable Check 93976 125936 08/27/2010 MOSS LEVY & HARTZHEIM LLP Accounts Payable Check 6 000 00 125937 08/27/2010 MPI DOCUMENT MANAGMENT Accounts Payable Check 8456 125938 08/27/2010 DAVE MUEHLHAUSEN Accounts Payable Check 1000 125939 08/27/2010 RAYMOND L. MULLIKIN Accounts Payable Check 27900 125940 08/27/2010 LAURIE NELSON Accounts Payable Check 5000 125941 08/27/2010 NORTH AMERICAN YOUTH ACTIVITIE Accounts Payable Check 2 072 00 125942 08/27/2010 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 5 000 00 125943 08/27/2010 NORTHERN ENERGY Accounts Payable Check 8000 125944 08/27/2010 AMY OBERG Accounts Payable Check 5500 125945 08/27/2010 OFFICE DEPOT INC Accounts Payable Check 79470 125946 08/27/2010 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 309 40 125948 08/27/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 13,223 rte` 34 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check 'umber Date Vendor Description Amount 125949 08/27/2010 PAPER WORKS Accounts Payable Check 282.56 125950 08/27/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 6 628 55 125951 08/27/2010 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 328.26 125952 08/27/2010 JASON M. PLATZ Accounts Payable Check 10800 125953 08/27/2010 ANDREW G PRATT Accounts Payable Check 13300 125954 08/27/2010 PROCARE JANITORIAL SUPPLY INC Accounts Payable Check 1 40337 125955 08/27/2010 PVP COMMUNICATIONS INC Accounts Payable Check 52.11 125956 08/27/2010 RADIO SHACK CORPORATION Accounts Payable Check 1556 125957 08/27/2010 RECOGNITION WORKS Accounts Payable Check 79 89 125958 08/27/2010 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 4300 125959 08/27/2010 DANA SANCHEZ Accounts Payable Check 3500 125960 08/27/2010 SANTA MARIA TIRE, INC Accounts Payable Check 2000 125961 08/27/2010 SCHIMM'S TREE SERVICE, INC Accounts Payable Check 95000 125962 08/27/2010 SETINA MFG CO INC Accounts Payable Check 1 23838 125963 08/27/2010 SMART AND FINAL Accounts Payable Check 8736 125964 08/27/2010 DAVID L. SMAW Accounts Payable Check 152.00 125965 08/27/2010 SPECIALTY GEAR&TRANSMISSION Accounts Payable Check 80735 125966 08/27/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 71967 125967 08/27/2010 STAPLES CREDIT PLAN Accounts Payable Check 39889 125968 08/27/2010 KURT W STONE Accounts Payable Check 17900 125969 08/27/2010 STREATOR PIPE&SUPPLY Accounts Payable Check 7209 125970 08/27/2010 SUPERIOR PRODUCTS Accounts Payable Check 3 137 09 125971 08/27/2010 SWANK MOTION PICTURES INC Accounts Payable Check 83800 125972 08/27/2010 TAYLOR RENTAL CENTER Accounts Payable Check 16039 125973 08/27/2010 VOID Accounts Payable Check 000 125974 08/27/2010 THE TOP SHOP UPHOLSTERY Accounts Payable Check 1 01558 125975 08/27/2010 T-N-T PEST CONTROL Accounts Payable Check 8800 125976 08/27/2010 UNIFIED HEALTHCARE Accounts Payable Check 3000 125977 08/27/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 4 700 13 125978 08/27/2010 VALLEY YELLOW PAGES Accounts Payable Check 16800 125979 08/27/2010 IWINA M.VAN BEEK Accounts Payable Check 1900 125980 08/27/2010 VARIAN INC Accounts Payable Check 21650 125981 08/27/2010 RENE VASQUEZ Accounts Payable Check 281 00 125982 08/27/2010 WALLACE GROUP Accounts Payable Check 10 540 67 125983 08/27/2010 WELL SEEN SIGN COMPANY Accounts Payable Check 6062 125984 08/27/2010 EILEEN ZACHARY Accounts Payable Check 51 00 4*001, 125985 08/27/2010 PAUL JEFFREY ZEHNER Accounts Payable Check 80000 35 City of Atascadero Disbursement Listing For the Month of August 2010 Check Check Number Date Vendor Description Amount $ 1 973 083 07 36 ITEM NUMBER. A-5 DATE 10/12/10 s ■i■ A ■ {1918! ■ 1919 9 Atascadero City Council Staff Report- Community Services Department Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation RECOMMENDATION Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park for a period of two years DISCUSSION Lloyd Reeves, the city's current concessionaire, has established and operated the Atascadero Kayak and Sail concession at Atascadero Lake Park for several years Mr Reeves has submitted a proposal to the City for a new agreement covering a period of two years Atascadero Kayak and Sail has been a reliable concessionaire and has provided the City with a steady source of income from the current concession arrangement. The current financial conditions of this lease agreement require the Concessionaire to pay the City $2500 per year plus 9% of gross sales in exchange for the concessions rights Additionally, Mr Reeves has consistently made improvements and additions to the boat rental operation at Atascadero Lake and has been very cooperative in his dealings with City staff and the public The current agreement allows for an extension of the agreement upon the mutual agreement of both parties This public/ private partnership has provided a leisure service to the residents of Atascadero and, in the opinion of staff, should be continued Staff recommends that Council authorize the City Manager to execute the agreement with Atascadero Kayak and Sail for a period of two years FISCAL IMPACT A revenue of $2500 00 plus 9% of their gross receipts 37 ITEM NUMBER. A-5 DATE 10/12/10 ALTERNATIVES Direct staff to issue a new request for proposals (RFP) contract, for services for a five- year term ATTACHMENT 1 Proposed Agreement 38 ITEM NUMBER. A-5 DATE 10/12/10 AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATION EQUIPMENT CONCESSION OPERATION AT ATASCADERO LAKE PARK This agreement is made upon the date of execution, as set forth below, by and between Chaffin & Reeves, Inc., a California Corporation, hereinafter referred to a "Contractor" and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City" The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions. 1 0 GENERAL PROVISIONS 101 TERM. This agreement will continue to be effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 102 SERVICES TO BE PERFORMED BY CONTRACTOR. Contractor agrees to perform or provide services specified in "Description of Services" attached hereto as "Exhibit A"hereby incorporated herein. Contractor shall determine the method, details and means of performing the above- referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 103 RENT AND GROSS SALES RECEIPTS In consideration for the terms of this agreement, the Contractor will pay the City an annual flat fee and percent of the total gross earnings monthlv of all monies from sales received by the Contractor from the use of the equipment and premises described in this contract. The annual flat fee and percentage will be paid according to the`Exhibit B" Gross earning shall not include any sales or excise taxes imposed by any governmental entity Payment to the City of Atascadero of the monthly flat fee payment and the percentage of gross earnings received shall be received by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, 6907 El Camino Real, Atascadero California (Attention. Brady Cherry Community Services Director). Payments received from the tenth (10th) of each month to the twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent (10%) penalty Payments received after the twenty-fifth (25th) of each month shall be assessed an additional ten percent(10%)penalty 39 ITEM NUMBER. A-5 DATE 10/12/10 Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due,shall be sufficient cause for the City to terminate this agreement. IWAO 104 LOCATION Premises of operation is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue,Atascadero,California. 105 SUBLEASE Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City 106 RECORDS AND ACCOUNTS Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records,including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 107 CONDITIONS OF PREMISES The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgment that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition,"as is"and the additions,or betterments thereto Contractor may construct or modify the said premises with prior written approval by the Director of Community Services (or designee). Any plans for such construction, if applicable, shall be submitted to the City for approval. Such construction or modification shall be without cost to the City 108 SIGNS All signs, names or placards shall be approved by the Director of Community Services (or designee) prior to installation. All signs must meet all requirements and specifications as set forth by the City 40 ITEM NUMBER. A-5 DATE 10/12/10 109 DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed,the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if(a)the subject premises or the building improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction with ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the subject premises are situated, or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor within fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.0 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR. Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner Contractor may represent, perform services for and be employed by additional individuals or entities, at Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 2.02 HOURS OF OPERATION Hours of operation to be established by Contractor upon mutual agreement with the Director of Community Services(or designee). 2.03 PERMITS Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2.04 TAXES Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2.05 EQUIPMENT Contractor, at his own expense, shall completely equip the concession and keep all equipment in a good repair and in safe operating condition to the satisfaction of the Director of Community Services (or designee)throughout the term of this agreement. Daily inspections of the contractors equipment must be maintained and available for review upon request of the City of Atascadero Contractor shall have the right to use the City owned floating dock area. In addition, the Contractor shall have the right to use a fenced cemented area directly in front of the floating dock area 41 ITEM NUMBER. A-5 DATE 10/12/10 2.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City 2.07 SECURITY/COMMUNICATIONS The Contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at Contractor's expense. 2.08 TOOLS AND INSTRUMENTALITIES Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2.09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims ansing out of any claim for injury,disability, or death of and any of Contractor's employees or agents. 2.10 INDEMNIFICATION Contractor hereby agrees to, and shall, hold City, its elective -40# and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly anse from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations by Contractor or by any one or more persons directly or indirectly employed by, or acting as an agent for, Contractor;provided as follows. a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.11 INSURANCE Contractor shall not commence work under this contract until he/she has obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier• 42 ITEM NUMBER. A-5 DATE 10/12/10 a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this agreement, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor,the amounts of such insurance shall be as follows. Per Exhibit C 2.12 CONTRACTOR'S MAINTENANCE Except as otherwise provided in this agreement,Contractor,at its own cost and expense agrees. a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a)The City —owned floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises, To notify the City promptly of any damage to the subject premises situated resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. b. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Nftoe Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from monthly payment payable by the Contractor 2.13 UTILITIES The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to the subject premises. There are customary and reasonable charges one would expect to pay for these services. The contractor agrees to pay their fair share of al utilities including water, gas heat, light and power supplied to subject premises based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of$200 00 per month. The charges will be billed to the Contractor monthly and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for the telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City 3 0 OBLIGATIONS OF CITY 3 01 COOPERATION City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 02 PLACE OF WORK. City agrees to furnish use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this agreement. 43 ITEM NUMBER. A-5 DATE 10/12/10 4 0 TERMINATION OF AGREEMENT 4 01 TERMINATION ON NOTICE Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty(30)days prior written notice to the other parties to this agreement. 402 TERMINATION ON OCCURRENCE OF STATED EVENTS This agreement shall terminate automatically on the occurrence of any of the following events. (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty(30)days as set forth in this agreement; (5) End of the agreement to which Contractor's services were necessary;or (6) Assignment of this agreement by Contractor without consent of the City 4 03 TERMINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately,by giving written notice of termination to the breaching party 4 04 TERMINATION This Agreement shall terminate on October 12, 2012, unless extended as set forth in this section. The City, with the agreement of the Contractor, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 404 REMOVAL OF ALTERATIONS City,by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting there from, as may be necessary to restore the subject premises to good condition the last day of the lease term or within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services,as described in Section 107 of this agreement. 5 0 MISCELLANEOUS 5 01 REMEDIES The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity 5 02 NO WAIVER. The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. NOW 44 ITEM NUMBER. A-5 DATE 10/12/10 5 03 ASSIGNMENT This agreement is specifically not assignable by Contractor to any person or entity Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 03 504 ATTORNEY FEES In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing parry shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 505 TIME FOR PERFORMANCE Except as otherwise expressly provided for in this agreement, should the performance of any required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act,the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused,provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 506 NOTICES Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party* PARTY ADDRESS CITY OF ATASCADERO 6907 El Camino Real Department of Atascadero, CA 93422 Community Services (805)461-5000 CONTRACTOR ADDRESS Chaffin&Reeves,Inc. 1155 2nd Street Los Osos,CA 93402 (805)441-7463 5 07 GOVERNING LAW This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 508 BINDING EFFECT This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but 1%W nothing in this section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 45 ITEM NUMBER. A-5 DATE. 10/12/10 5 09 SEVERABILITY Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect,unimpaired by the holding, legislation or rule. 5 10 SOLE AND ENTIRE AGREEMENT This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5 11 TIME Time is expressly declared to be of the essence of this agreement. 5 12 DUE AUTHORITY The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 13 CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5 14 AMENDMENTS Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. 1400 46 ITEM NUMBER. A-5 DATE 10/12/10 Executed on October 12,2010 at Atascadero,California. Attest: CITY OF ATASCADERO By. Marcia McClure Torgerson, C.M.0 Wade G McKinney City Clerk City Manager Approved as to form. By- Brian yBrian A. Pierik Lloyd Reeves, Contractor City Attorney 47 ITEM NUMBER. A-5 DATE 10/12/10 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide concession and rental management services to City as follows: The Contractor shall utilize said premises for the following purposes. A. Premises shall be used for the purpose of renting paddle boats,appropriate watercraft, bicycles and other mutually agreed upon recreational equipment. B Furnish and install at his/her own expense, all necessary equipment required for proper service to the general public C The storage and service thereof shall be in an area approved by the Director Community Services (or designee). D Fumish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner to the satisfaction of the Department of Community Services,and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. F Any items to be sold, such as watercraft and equipment, shall be subject to approval by the Department of Community Services, and shall be subject to payment of 9% of the sales price. 1004, 48 ITEM NUMBER. A-5 DATE 10/12/10 EXHIBIT B CONTRACTOR PAYMENT SCHEDULE Contractor will pay the City Annually YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 2010 $2,50000 9% 2111 $2,50000 9% 2012 $2,50000 9% *kg.•• 49 ITEM NUMBER. A-5 DATE 10/12/10 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as 1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) 2 Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3 Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees) Minimum Limits of Insurance Lessee shall maintain limits no less than. I General Liability- $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Liability $1,000,000 per accident for bodily injury and property damage 3 Employer's Liability $1,000,000 per accident for bodily injury or disease Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City At the option of the City, either- the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions 1 The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on ' behalf of the contractor; and with respect toliability arising out of work or operations 50 ITEM NUMBER. A-5 DATE. 10/12110 performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2 For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City 4 Coverage shall not extend to any mdemmity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A VII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements All certificates and endorsements are to be received and approved by the City before work commences The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein. Vftol 51 ITEM NUMBER. A-6 DATE. 10/12/10 win 1 ■ Yee Atascadero City Council Staff Report— Public Works Department Pre-Qualification Procedure for Ach-08 Bid on Historic City Hall Project RECOMMENDATION Council adopt the attached Draft Resolution, authorizing the procedure for pre- qualification of contractors for Bid Package ACH-08 on the Historic City Hall Project. DISCUSSION Section 20101 of the State of California Public Contract Code allows public agencies to establish a pre-qualification procedure for Public Works projects In order to minimize risk to the City regarding Historic City Hall bid package ACH- 08, Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes, staff recommends pre-qualification of bidders for this bid package only Bid package ACH-08 contains the historic work on the rehabilitation of the Administration Building This building is a registered historic landmark, and in order to fully comply with all of the complex historical and FEMA-funded regulations, it is imperative that the contractor have extensive technical knowledge and background in similar projects The process would allow a pre- qualification of potential bidders by their responses to a series of objective criteria Contractors would need to meet the established minimum score in order to bid on this portion of the project. The benefit of this pre-qualification process is that it would narrow the bidders on ACH-08 to only those with substantial experience in similar sized historical and FEMA-funded projects Contractors without sufficient experience could cause difficulty with this particular scope 53 ITEM NUMBER. A-6 DATE 10/12/10 Improper compliance with NEPA, CEQA, the Secretary of the Interior's standards for historic buildings, or the California Building Code could potentially result in permanent destruction of the character-defining features of the building This could cause three problems 1 Loss of registered historic landmark designation An inexperienced contractor could unknowingly cause major interruptions and loss of the historic fabric of the building by rehabilitating incorrectly This could lead to a withdrawal of the registered landmark status by the State and/or Federal government, likely followed by a punitive lawsuit. 2 Loss of FEMA funding There may be severe ramifications related to FEMA funding if the historic regulations are not followed, whether intentionally or unintentionally 3 Loss of building code flexibility afforded historic structures If the character defining features are permanently destroyed, the project would be subject to a different building code than what is now being used to rehabilitate the building This would trigger City-funded modifications including such big ticket items as the elevator shaft, the stairs, and the energy efficiency rating Staff recommends that only bid package ACH-08 be subject to the pre- qualification process since it is the only one that deals with the historic character of the building At this time, Staff and the consultants believe that all other bid packages should be awarded without a pre-qualification process Model guidelines developed by the State of California Department of Industrial Relations were used as the format for the proposed pre-qualification process Public Contract Code requires that the process include (1) a standardized questionnaire and financial statement forms, (2) a uniform system of rating bidders on objective criteria, on the basis of the completed questionnaires and financial statements, and (3) an appeal procedure by which a contractor may appeal a decision Attached are the draft policy, questions, and appeal process After the pre-qualification process, the procurement process will continue to be governed by the applicable sections of the California Public Contract Code and the formal bid requirements of the City's Purchasing Policy The City will accept sealed bids and will bring forward for Council approval a contract with the lowest price responsive bidder Staff expects Bid Package ACH-08 to go out to bid in January, 2011 *410 54 ITEM NUMBER. A-6 DATE 10/12/10 FISCAL IMPACT NNW The authorization of a pre-qualification process for the Historic City Hall Bid Package ACH-08 will result in no fiscal impact to the City It may, however, reduce the risk of a potential loss of FEMA funding and exposure to other claims ATTACHMENTS 1 Draft Resolution 2 Pre-Qualification Package 55 Attachment 1 1%wwDRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE ESTABLISHMENT OF A PRE-QUALIFICATION PROCEDURE FOR CONTRACTORS SEEKING TO BID HISTORIC CITY HALL BID ACH-08 WHEREAS, the City of Atascadero is in the process of restoring the earthquake- damaged Historic City Hall building; and, WHEREAS, the building is listed on the National Register of Historic Places and is a California registered Historical Landmark; and, WHEREAS, specific portions of the restoration are historically technical in nature and require significant experience and proficiency; and, WHEREAS the City of Atascadero has determined that pre-qualifying contractors for the Historic City Hall Restoration Project bid ACH-08 is in the City's best interest; and, WHEREAS, staff has developed a process in compliance with Section 20101 of the Public Contract Code which regulates pre-qualification procedures. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, that a pre-qualification procedure is hereby adopted for contractors seeking to bid on Historic City Hall bid ACH-08, Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes 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 57 Attachment 1 AYES NOES ABSENT ADOPTED CITY OF ATASCADERO By Roberta Fonzi, Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 58 Attachment 2 PRE-QUALIFICATION OF CONTRACTORS HISTORIC CITY HALL PROJECT BID PACKAGE ACH-8 fill Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes 59 TABLE OF CONTENTS PAGE INTRODUCTION AND OVERVIEW OF THE 1999 LAW AND ITS APPLICATION 3 I. Important Provisions Of The 1999 Law 3 II. Role of the Department of Industrial Relations 3 III. An Overview Of The Documents In This Package. 3 IV Appeal Procedure 4 V Application Of The Public Records Act 5 VI. Law's Provisions Regarding Prequalification Of Subcontractors 5 PRE-QUALIFICATION QUESTIONNAIRE 6 Contact Information 7 Part I. Essential Requirements for Qualification g Part II. Organization, History, Organizational Performance, Compliance with Civil and Criminal Laws 10 A. Current Organization And Structure Of The Business 10 B. History of The Business And Organizational Performance 11 C. Compliance With Occupational Safety And Health Laws And With Other Labor Legislation Safety 16 Part III. Recent Construction Projects Completed 19 SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS .23 INTERVIEW QUESTIONS—COMPLETED PROJECTS REFERENCE 38 INTERVIEW QUESTIONS—CONSTRUCTION MANAGEMENT(OWNER)REFERENCE 41 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID 41 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS 49 2 60 I. IMPORTANT PROVISIONS OF THE 1999 LAW In 1999, the Legislature enacted a law that allows many public agencies to require licensed contractors that wish to bid for public works fobs to "pre-qualify" for the right to bid on a specific public works project, or on public works project undertaken by a City of Atascadero during a specified period of time Public Contract Code section 20101 has the relevant provisions, it was enacted as part of Assembly Bill 574 The law does not require any city to adopt a pre-qualification system. Instead, it authorizes every city to adopt a pre-qualification system, and describes certain requirements that must be met if a city chooses to adopt such a system. The 1999 law allows the establishment of two different kinds of pre-qualification procedures for public works projects. The law allows a city to establish a pre-qualification procedure linked to a single project (Section 20101[d]). Or, the City of Atascadero may adopt a procedure by which a contractor may qualify to bid on projects which are put out for bid by that agency for a period of one year after the date of initial pre-qualification. (Section 20101[c]) The law requires every city that creates either kind of pre-qualification procedure to (1) use a "standardized questionnaire and financial statement in a form specified by the public entity"(Section 20101[a]), (2) adopt and apply a uniform system of rating bidders on objective criteria, on the basis of the completed questionnaires and financial statements (Section 20101[b]), (3) create an appeal procedure, by which a contractor that is denied pre-qualification may seek a reversal of that determination. (Section 20101[d]) II. ROLE OF THE DEPARTMENT OF INDUSTRIAL RELATIONS AB 574 required the Department of Industrial Relations (DIR)to develop model guidelines for rating bidders, and draft the standardized questionnaire." It required DIR to "consult with affected public agencies, cities and counties,the construction industry,the surety industry, and other interested parties." It was determined that a model questionnaire provided to public agencies offers a system of rating bidders based on objective criteria, and a useful and appropriate series of questions. III. AN OVERVIEW OF THE DOCUMENTS IN THIS PACKAGE Included in this package are 3 61 I A questionnaire to be sent to contractors. The questionnaire includes spaces for answers to be provided by the contractors, with the forms to be returned to the City of Atascadero As required by the legislation, the information provided to the City of Atascadero by the contractors, other than the names, addresses and contractor license numbers of the contractors applying—is to be kept confidential 2. A scoring system, for rating the answers given by the contractors and by the references. 3 A series of questions to be used by representatives of the City of Atascadero when interviewing persons who are identified by contractors as their "references" — owners of projects that have been completed by each contractor in the recent past. 4 DIR's suggestions for procedures to be used for conducting the reference interviews. 5 Announcements of pre-qualification procedures, prepared primarily for licensed contractors, although available for the general public as well. 6 A list of sources of information that may be used by a City of Atascadero to verify the accuracy of many of the answers given by the contractors to the questions on the questionnaire. IV APPEAL PROCEDURE 1 The City of Atascadero hereby establishes the Bidder Pre-Qualification Appeals Panel ("Appeals Panel") consisting of the following, or their designees. the City Director of Public Works, City Administrative Services Director, Designated City Project Manager 2 The decision of the Appeals Panel shall be the City's final administrative decision and any judicial review thereof shall be instituted no later than the time period referred to in Section 1094 6 of the Code of Civil Procedure. 3 If a Contractor submits a complete and timely application for pre-qualification and the Contractor receives a negative determination, the Contractor may appeal that negative determination to the Appeals Panel. 4 An appeal is initiated by the Contractor delivering a written notice of appeal to the City no later than five (5) business days after the date of the City's notice of the negative pre- qualification determination. The appeal must contain the reasons for the appeal and any supporting documentation. 5 If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after the City of Atascadero's receipt of the notice of appeal and no later than ten business days prior to the last date for the receipt of bids on the project. 4 62 a.Hearings shall be informal b The Contractor will be given an opportunity to present reasons and evidence in opposition to the negative determination. 6 Within one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of City of Atascadero that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process 7 If no timely appeal is finaled, the Contractor waives any and all rights to challenge the decision of the City regarding pre-qualification, whether by administrative process, judicial process or any other legal process or proceeding. 8 The Appeals Panel shall hold a hearing on appeals when the notice of appeal requests that a hearing be held. V APPLICATION OF THE PUBLIC RECORDS ACT AB 574 provides that "The questionnaires and financial statements shall not be public records and shall not be open to public inspection, however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure" under the Public Records Act. (Section 20101[a]). VI. PROVISIONS REGARDING PREQUALIFICATION OF SUBCONTRACTORS Public agencies are not required to pre-qualify sub-contractors, nor are public agencies prohibited from doing so Section 20101(f) says. Nothing in this section shall preclude the awarding agency from prequalifymg or disqualifying a subcontractor The disqualification by an awarding agency does not disqualify an otherwise prequalified [general] contractor 5 63 PRE-QUALIFICATION QUESTIONNAIRE k .............. E'E �i 4 4®zq r 6 65 PRE-QUALIFICATION OF CONTRACTORS HISTORIC CITY HALL PROJECT BID PACKAGE ACH-S CONTACT INFORMATION Firm Name Check One ❑ Corporation (as it appears on license) ❑ Partnership ❑ Sole Prop Contact Person. Address Phone Fax. Email. If firm is a sole proprietor or partnership Owner(s) of Company Contractor s License Number(s) 7 66 PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is"no."' Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is"Yes.992 Contractor will be immediately disqualified if the answer to both 10 and 11 is"no" 1 Contractor possesses a valid and current Contractor's license for the project or projects for which it intends to submit a bid and is able to obtain a California Contractor's license prior to award. ❑ Yes ❑ No 2 Contractor has a liability insurance policy with a policy limit of at least $5,000,000 per occurrence and $10 000,000 aggregate? Submit proof, or provide a notarized statement from your insurance company indicating that your firm can obtain this level of insurance ❑ Yes ❑ No 3 Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq (If " headquartered out of state, Contractor will be required to provide proof of ability to obtain California workers' compensation insurance ❑ Yes ❑ No ❑ Contractor is exempt from this requirement,because it has no employees 4 Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.3 ❑ Yes ❑ No NOTE A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached, however, it will be considered as supplemental information only, and is not a substitute for the required financial statement. 'A"no"answer to Question 4 will not be disqualifying if the contractor is exempt from complying with Question 4 for reasons explained in footnote 7 2 A contractor disqualified solely because of a"Yes"answer given to question 6, 7,or 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 3 Public Contract Code section 20101(e)exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is"no more than 25 per cent of the qualifying amount provided in section 14837(d)(1)" As of January 1,2001,the qualifying amount is$10 million, and 25 per cent of that amount,therefore, is$2.5 million. 8 67 5 Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualification? (b)your current available bonding capacity?4 ❑ Yes ❑ No NOTE Notarized statement must be from the surety company, not an agent or broker 6 Has your contractor's license been revoked at any time in the last five years? ❑ Yes ❑ No 7 Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5)years? ❑ Yes ❑ No 8 At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777 1 or Labor Code section 1777 7? ❑ Yes ❑ No If the answer is"Yes," state the beginning and ending dates of the period of debarment: 9 At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project,or the bidding or performance of a government contract? ❑ Yes ❑ No 10 Within the last five years does your firm have experience working on an historic restoration project? ❑ Yes ❑ No 11. Within the last five years does your firm have experience working on a standard FEMA Public Assistance Program funded seismic project, not an "Improved Project" per FEMA guidelines? ❑ Yes ❑ No An additional notarized statement from the surety may be requested by the City of Atascadero at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. 9 68 PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations 1 a. Date incorporated lb Under the laws of what state 1 c Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation's stock. Name Position Years with Co % Ownership Social Security# I d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE For this question, "owner" and"partner" refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Firm with Firm For Firms That Are Partnerships 1 a. Date of formation. 1 b Under the laws of what state 1 c Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co % Ownership Social Security# 10 69 I d. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer)at any time during the last five years. NOTE For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock,if the business is a corporation. Dates of Person's Participation Person's Name Construction Company with Company For Firms That Are Sole Proprietorships 1 a. Date of commencement of business. 1 b Social security number of company owner lc Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years NOTE For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Company with Company For Firms That Intend to Make a Bid as Part of a Joint Venture: I a. Date of commencement of point venture lb Provide all of the following information for each firm that is a member of the point venture that expects to bid on one or more projects. Name of firm % Ownership of Joint Venture it 70 B. History of the Business and Organizational Performance 2. Has there been any change in ownership of the firm at any time during the last three years? NOTE A corporation whose shares are publicly traded is not required to answer this question. ❑ Yes ❑ No If"yes," explain on a separate signed page 3 Is the firm a subsidiary,parent,holding company or affiliate of another construction firm? NOTE Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If"yes,"explain on a separate signed page. 4 Are any corporate officers,partners or owners connected to anv other construction firms. NOTE Include information about other firms if an owner,partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If"yes,"explain on a separate signed page. 5 State your firm's gross revenues for each of the last three years **AW 6 How many years has your organization been in business as a contractor under your present business name and license number? years 7 Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If"yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. 8 Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) ❑ Yes ❑ No If"yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. 12 71 Licenses 9 List all construction license numbers, classifications and expiration dates of the contractor licenses held by your firm 10 If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the CSLB records who meet(s)the experience and examination requirements for each license 11 Has your firm changed names or license number in the past five years? ❑ Yes ❑ No If"yes," explain on a separate signed page, including the reason for the change 12 Has any owner, partner or (for corporations ) officer of your firm operated a construction firm under any other name to the last five years? ❑ Yes ❑ No If"yes,"explain on a separate signed page, including the reason for the change_ 13 Has any CSLB license (or license of any other state) held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No If"yes,"please explain on a separate signed sheet. Disputes 14 At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes ❑ No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 15 In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? 13 72 NOTE "Associated with" refers to another construction firm in which an owner, Now, partner or officer of your firm held a similar position, and which is listed in response to question lc or Id on this form. ❑ Yes ❑ No If"yes," explain on a separate signed page State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event,the owner of the project,the project and the basis for the action. 16 In the last five years has your firm been denied an award of a public works contract based on a finding by a City of Atascadero that your company was not a responsible bidder? ❑ Yes ❑ No If"yes," explain on a separate signed page Identify the year of the event, the owner, the project and the basis for the finding by the City of Atascadero NOTE The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner Also, you may omit reference to all disputes about amounts of less than $50,000. 17 In the past five years has any claim against your firm concerning your firm's work on a +✓ construction project been filed in court or arbitration? ❑ Yes ❑ No If"yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or if resolved, a brief description of the resolution) 18 In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution) 19 At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes ❑ No 14 73 If"yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 20 In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No If"yes,"explain on a separate signed page. Name the insurance carrier, the fonm of insurance and the year of the refusal. Criminal Matters and Related Civil Suits 21 Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal- action for making any false claim or material misrepresentation to the City of Atascadero or any entity? ❑ Yes ❑ No If"yes," explain on a separate signed page, including identifying who was involved, the name of the entity, the date of the investigation and the grounds for the finding. 22 Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state or local law related to construction? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the City of Atascadero, the date of the conviction and the grounds for the conviction. 23 Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If"yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. Bonding 24 Bonding capacity Provide documentation from your surety identifying the following: Name of bonding company/surety- Name ompany/suretyName of surety agent, address and telephone number• 15 74 25 If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so 26 List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds. 27 During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the date when your firm was w.r denied coverage and the name of the company or companies which denied coverage, and the period during which you had no surety bond in place. C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 28 Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or"repeat" violations of its safety or health regulations in the past five years? NOTE If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. 16 75 29 Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? low NOTE If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If"yes," attach a separate signed page describing each citation. 30 Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending,you need not include information about the citation. ❑ Yes ❑ No If"yes," attach a separate signed page describing each citation. 31 How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 32 List your firm's Experience Modification Rate (EMR)(California workers' compensation insurance) for each of the past three premium years NOTE An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier Current year- Previous year- Year prior to previous year- If your EMR for any of these three years is or was 1 00 or higher you may, if you wish, attach a letter of explanation. 33 Within the last five years has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No If"yes,"please explain the reason for the absence of workers' compensation insurance on a separate signed page. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier 17 76 verifying continuous workers' compensation insurance coverage for the period that your 4w firm has been in the construction business.) Prevailing Wage and Apprenticeship Compliance Record 34 Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor ❑ Yes ❑ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the City of Atascadero for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay 35 During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the City of Atascadero for which it was constructed, the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. 36 Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by City of Atascadero 37 If your firm operates its own State-approved apprenticeship program (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s) 18 77 (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who during the past three years, completed apprenticeships in each craft while employed by your firm. 38 At any time during the last five years, has your firm been found to have violated any provision of any State apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE You may omit reference to any incident that occurred prior to January 1, 1998,if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No If"yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). PART III. RECENT CONSTRUCTION PROJECTS COMPLETED 39 EXPERIENCE ON FEMA FUNDED AND HISTORIC RESTORATION PROJECTS Indicate the experience that your firm has in working on FEMA funded and historic restoration projects of a similar scale and complexity This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below A. RECENT HISTORIC CONSTRUCTION PROJECTS COMPLETED Contractor shall provide information about its six most recently completed public or private "historic" construction projects on registered (Local, State or National buildings) projects within the last five years of a similar scale and complexity Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information. Project Name Location. Owner- 19 78 Owner Contact(name and current phone number): Architect or Engineer- Architect or Engineer Contact(name and current phone number) Construction Manager(name and current phone number) Description of Project, Scope of Work Performed. Total Value of Construction(including change orders) Original Scheduled Completion Date Time Extensions Granted(number of days)- Actual Date of Completion. 20 79 B RECENT FEMA FUNDED CONSTRUCTION PROJECTS COMPLETED *910 Indicate the experience that your firm has in working on FEMA funded projects of a similar scale and complexity Proiects must be standard FEMA Public Assistance Program funded seismic proiects, not "Improved Proiects" per FEMA guidelines. This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below Project Name Location. Owner- Owner Contact(name and current phone number) Architect or Engineer- Architect or Engineer Contact(name and current phone number) Construction Manager(name and current phone number) Description of Project, Scope of Work Performed. Total Value of Construction (including change orders) Original Scheduled Completion Date: 21 80 Time Extensions Granted(number of days) Actual Date of Completion. C EXPERIENCE OF KEY PERSONNEL Attach a current resume with detailed experience of key personnel that will be on site for the duration of the project. Key staff including the Project Manager, Foreman and/or Superintendent must have FEMA funded and/or historic restoration project experience. Project Manager- Foreman. Superintendent: I, the undersigned, certify and declare that I have read all the foregoing answers to this prequalification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of penury under the laws of the State of California, that the foregoing is correct. Dated. (Name) 22 81 scowkBtc Qu ESTtoT XND SCOVj-NG INSTRU SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS The scorable questions arise in three different areas (I) History of the business and organizational performance, (II) Compliance with occupational safety and health laws workers' compensation and other labor legislation, and (III) Completion of recent projects quality of performance and staff experience Note: Not all questions in the questionnaire are scorable, some questions simply ask for information about the contractor firm's structure, officers and history This document includes only those questions that are "scorable " The Scores Needed for Prequalification To prequalify, a contractor would be required to have a passing grade within each of the three large categories referred to above. For Section 1, "History of the business and organizational performance," The City of Atascadero has established a passing score of 57 out of a possible 76 points on this portion of the questionnaire For Section Il, Compliance with occupational safety and health laws, workers' compensation and other labor legislation The City of Atascadero has established a passing score of 38 out of a possible 53 points on this portion of the questionnaire. Section III, Completion of recent projects and quality of performance, The City of Atascadero has established a passing score of 14 out of a possible 19 points on this portion of the questionnaire Note A "0" score on both question #1 and question #2 results in disqualification regardless of total score in this section. For the interview questions the City of Atascadero has established a scoring system that allows a maximum score of 120 points for each interview For these questions, the City of Atascadero has established qualification for a contractor whose score on each of two interviews is 72 points or more, a denial of pre-qualification for a contractor whose score on either interview is less than 55 points, and an additional interview with another reference if the score resulting from one interview is between 55 points and 72 points. 24 84 Questions about History of the Business and Organizational Performance (16 questions) 1 How many years has your organization been in business in California as a contractor under your present business name and license number') years 3 years or more=2 points 4 years=3 points 5 years=4 pts 6 years or more =5 points 2. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No "No"=3 points" "Yes"=0 points 3 Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above). ❑ Yes ❑ No "No" =3 points" "Yes" =0 points 4 Has anv CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer(RMO) been suspended within the last five years? ❑ Yes ❑ No No=S points Yes=0 points 5 At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? ❑ Yes ❑ No No projects with liquidated damages of more than $50,000, or one project with liquidated damages=S points. Two projects with liquidated damages of more than $50,000=3 points Any other answer-no points 25 85 6 In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question lc or ld on this form. ❑ Yes ❑ No No=5 points Yes=0 points 7 In the last five years, has your firm been denied an award of a public works contract based on a finding by a City of Atascadero that your company was not a responsible bidder? ❑ Yes ❑ No No =S points Yes =0 points NOTE The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner Also, you may omit reference to all disputes about amounts of less than $50,000. 8 In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ❑ No If the firm's average gross revenue for the last three years was less than $50 million, scoring is as follows. 5 points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If your firm's average gross revenue for the last three years was more than $50 million,scoring is as follows 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. *400 26 86 9 In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million scoring is as follows. S points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If your firm's average gross revenues for the last three years was more than $50 million,scoring is as follows S paints for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or S such instances. 0 points for "Yes"if more than S such instances. 10 At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private? ❑ Yes ❑ No S points for either "No"or "Yes"indicating 1 such claim. 3 points for "Yes"indicating no more than 2 such claims Subtract five points for "Yes"if more than 2 such claims 11 In the last five years, has any insurance carrier for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 5 points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. 12 Has your firm, or any of its owners, officers, or partners ever been found liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any City of Atascadero or entity? ❑ Yes ❑ No No =S points Yes =subtract S points 27 87 13 Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No No =5 points Yes =subtract 5 points 14 Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No No=5 points Yes=subtract 5 points 15 If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so 5 points if the rate is no more than one per cent 3 points if the rate was no higher than 1.10 per cent. 0 points for any other answer 16 During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No No =5 points Yes =0 points 28 88 Questions about compliance with safety, workers compensation, prevailing wage and apprenticeship laws. (11 questions) 1 Has CAL OSHA cited and assessed penalties against your firm for any"serious,""willful" or"repeat" violations of its safety or health regulations in the past five years? Note: If you have filed an appeal of a citation and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal,you need not include information about it. ❑ Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows. 5 points for either "No"or "Yes"indicating 1 such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. ,,• 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 2 Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If yes, attach a separate signed page describing each citation. If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows. 5 points for either "No"or "Yes"indicating 1 such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows. 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 29 89 3 Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows 5 points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 4 How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 3 points for an answer of once each week or more often. 0 points for any other answer 5 List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years NOTE An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier Current year- Previous year- Year prior to previous year- If your EMR for any of these three years is or was 1 00 or higher, you may, if you wish, attach a letter of explanation. NOTE An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier 5 points for three-year average EMR of 95 or less 3 points for three-year average of EMR of more than 95 but no more than 100 0 points for any other EMR 30 90 NIAMW 6 Within the last five years,has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No 5 points for either "No"or "Yes"indicating I such instance. 0 points for any other answer 7 Has there been more than one occasion during the last five years on which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? ❑ Yes ❑ No NOTE This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows. S points for either "No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million,scoring is as follows. "�rrr S points for either "No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either S or 6 such instances. 0 points for "Yes"and more than 6 such instances. 8 During the last five years,has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows. 5 points for either "No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million,scoring is as follows. S points for either "No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either S or 6 such instances. 0 points for "Yes"and more than 6 such instances 31 91 9 Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards)that will provide apprentices to your company for use on any public work project for which you are awarded a contract by City of Atascadero S points if at least one approved apprenticeship program is listed. 0 points for any other answer 10 If your firm operates its own State-approved apprenticeship program (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s) (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 5 points if one or more persons completed an approved apprenticeship while employed by your firm. 0 points if no persons completed an approved apprenticeship while employer by your firm. 11 At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE You may omit reference to any incident that occurred prior to January 1, 1998 if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No If yes, provide the date(s) of such findings, and attach copies of the Department's final decision(s). 32 92 If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows 5 points for either "No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million,scoring is as follows• S points for either "No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either S or 6 such instances. 0 points for "Yes"and more than 6 such instances. 33 93 Questions concerning staff experience and recent construction projects completed EXPERIENCE ON FEMA FUNDED AND HISTORIC RESTORATION PROJECTS Indicate the experience that your firm has in working on FEMA funded and historic restoration projects of a similar scale and complexity This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below I RECENT HISTORIC CONSTRUCTION PROJECTS COMPLETED Contractor shall provide information about its six most recently completed public or private "historic" construction projects on registered (Local, State or National buildings) projects within the last five years of a similar scale and complexity Names and references must be current and venfiable Use separate sheets of paper that contain all of the following information. Project Name Location. `fto Owner- Owner Contact(name and current phone number) Architect or Engineer- Architect or Engineer Contact(name and current phone number)- Construction Manager(name and current phone number) 34 94 *490- Description of Project, Scope of Work Performed, Total Value of Construction(including change orders). Original Scheduled Completion Date- Time Extensions Granted(number of days) Actual Date of Completion. Scoring of previous Historic projects completed. S points for 6 or more similar projects. 4 points for 4-5 similar projects 3 points for 2-3 similar projects. 1 point for I similar project. 0 points for 0 similar proiects *O points disgualifies contractor IF 0 points also awarded in following question ,✓ "Recent Historic Projects Completed" 2. RECENT FEMA FUNDED CONSTRUCTION PROJECTS COMPLETED Indicate the experience that your firm has in working on FEMA funded projects of a similar scale and complexity Proiects must be standard FEMA Public Assistance Program funded seismic proiects, not "Improved Proiects" per FEMA euidelines. This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below Project Name Location. Owner- Owner Contact(name and current phone number) 35 95 Architect or Engineer- Architect or Engineer Contact (name and current phone number) Construction Manager(name and current phone number) Description of Project, Scope of Work Performed. Total Value of Construction(including change orders) Original Scheduled Completion Date: Time Extensions Granted (number of days) Actual Date of Completion. Scoring of previous FEMA Funded projects completed. 5 points for 6 or more similar projects. 4 points for 4-5 similar projects 3 points for 2-3 similar projects. I point for I similar project. 0 points for 0 similar projects* *O points disqualifies contractor IF 0 points also awarded in previous,question "Recent Historic Projects Completed" 36 96 3 EXPERIENCE OF KEY PERSONNEL Attach a current resume with detailed experience of key personnel that will be on site for the duration of the project. Key staff including the Project Manager, Foreman and/or Superintendent must have FEMA funded and historic restoration project experience. Substitution of key staff will not be permitted without the prior approval of the City of Atascadero Project Manager- Scoring staff experience: I point for Historic Project Experience 1 point for FEMA Funded Project Experience I point for Experience on a project of similar complexity Foreman Scoring staff experience: I point for Historic Project Experience I point for FEMA Funded Project Experience I point for Experience on a project of similar complexity Superintendent: Scoring staff experience: I point for Historic Project Experience I point for FEMA Funded Project Experience I point for Experience on a project of similar complexity 37 97 REFERENCE INTERVIEW PROCEDURES AND QUESTIONS CONTRACTOR REFERENCE INTERVIEW QUESTIONS The following questions will be used to interview randomly selected contacts from at least two completed projects The City of Atascadero will conduct the interviews. No action on the contractor's part is necessary These questions are included on the package given to the contractor for information only The highest possible score is 120 Points. A score less than 55 points disqualifies a contractor from bidding on projects that are proposed by the City of Atascadero A score of between 56 and 72 indicates the City of Atascadero should conduct an interview of another contact, that is, a manager of another completed project. A score of 72 or higher on each of two interviews is sufficient for pre-qualification. First,please give a brief description of the project. 1 Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (1 point for each is deducted from overall score, maximum amount to be deducted is 5 points) 2 On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel? (Max. 10 points) 3 On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision? (Max. 10 points) 4 On a scale of 1-10, with 10 being the best, was there adequate equipment provided on the fob? (Max. 10 points) 5 On a scale of 1-10, with 10 being the best, was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates? (Max. 10 points) 6 On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule that your[agency] [business] approved? (Max. 10 points) 7 Was the project completed on time? (10 points if the answer is "Yes"). Or, if the answer is "no," on a scale of 1-10, with 10 being the best, to what extent was the contractor responsible for the delay in completion? 8 On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of reasonable cost and time estimates to perform change order work. (Max. 10 points) 39 100 9 On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor performed the work after a change order was issued, and how well the contractor integrated the change order work into the existing work. (Max. 10 points) 10 On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in the area of turning in Operation& Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items? (Max. 10 points) 11 On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 12 On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely payments by the contractor to either subcontractors or suppliers. (If the person being interviewed knows of no such difficulties,the score on this question should be"10 ") 13 On a scale of 1-10, with 10 being the best, how would you rate the quality of the work overall? (Max. 10 points) **Ar 40 101 REFERENCE INTERVIEW PROCEDURES AND QUESTIONS CONSTRUCTIONMANAGEMENT REFERENCE INSTRUCTIONS FOR PUBLIC AGENCIES Re: Interview Questions The following is meant to assist the City of Atascadero to conduct the interviews of the managers of projects previously completed (that is, the people who supervised the projects for the project owners) by the contractor wishing to pre-qualify The interview questions allow qualitative review of work performance for contractors who choose to bid and pre-qualify for public works contracts. The interview questions will be used to examine randomly selected contacts from at least two completed past projects. In each question, the person being interviewed is asked to rate a certain aspect of contractor's performance, using a scale of 1 to 10 The highest possible score is 120 points. A score of less than 55 points disqualifies the contractor from bidding on projects that are proposed by the City of Atascadero A score of 72 points or more on each interview is sufficient for a contractor to qualify on this portion of the prequalification process. If the scores resulting from an interview are between 55 and 72, the City of Atascadero should conduct another interview to collect additional information. It is possible that the score given to any interview answer may be challenged in an appeal. For that reason, be sure to (a) ask the person being interviewed for specific information or details, to explain or substantiate the numerical answer given, and (b) take written notes of the information provided. Selection of the Interviewer- (a) The City of Atascadero should select an individual who is at least moderately well informed about public works construction. (b) The individual should be unbiased during the interview; this is to ensure accurate implementation of the interview questions. (c) The individual should not use examples or deviate from the questions unless the project manager is unclear and prompts further explanation. The interviewer should offer additional explanation of the questions only if he/she is sure of the intent of the question in the interview Locating the respondent to interview- (a) The interviewer should attempt to contact a project manager of a past project for the interview The interviewer should be aware that for one interview to be completed, there may be a need to interview multiple individuals. That is, the interviewer may have to contact multiple individuals, such as the project manager concerning the building process, and a financial manager for warranty items, assessed liens, and the like (b) Once reached, the interviewer should review the information contained in the questionnaire of the past project with the project manager That is, review who is being interviewed and why (purposes of pre-qualifying for public works), the past project type, completion date, and other pertinent information to ensure that the project manager is sure of the project he/she is asked to review 42 104 Interview Length. (a) The interview should take 8-12 minutes, under normal circumstances. (b) The interviewer, when contacting the project manager, should convey the expected time which it takes to conduct the interview This is to ensure the individual is not discouraged from taking part in the interview Conducting the interviews. (a) The interview should examine at least two separate past projects listed in the questionnaire. (b) After the interview is scored, the interviewer should compare the interview score with the same contractor's score on the written questionnaire. If the ratings (overall scores) are far apart,the interviewer should conduct at least one/two more interviews to determine how past performance should be weighted. (c) While conducting the interview, the interviewer should be consistent with the way the questions are presented. That is, if the interviewer changes the way questions are presented during the review, it could potentially change the way the respondent answers the questions and jeopardize the overall scoring. *ftr 43 105 v4slo, REQUEsrir FOR pgE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID -40 Notice is hereby given that City of Atascadero has determined that all bidders on Historic City Hall Project — ACH-8 Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes to be undertaken by the City of Atascadero must be pre-qualified prior to submitting a bid on that project. It is mandatory that all Contractors who intend to submit a bid, fully complete the pre-qualification questionnaire, provide all materials requested herein, and be approved by City of Atascadero to be on the final qualified Bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. The last date to submit a fully completed questionnaire is mm/ddlyy. [35 days prior to the bid closing date] Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their pre-qualification status well in advance of the bid advertisement for this project. Answers to questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. City of Atascadero will use these documents as the basis of rating Contractors in respect to the size and scope of contracts upon which each Contractor is qualified to bid. City of Atascadero reserves the right to check other sources available. The City of Atascadero's decision will be based on objective evaluation criteria. The City of Atascadero reserves the right to adjust, increase, limit, suspend or rescind the pre- qualification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre-qualification rating. While it is the intent of the pre-qualification questionnaire and documents required therewith to assist the City of Atascadero in determining bidder responsibility prior to bid and to aid the City of Atascadero in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre-qualification rating, will preclude City of Atascadero from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. The pre-qualification packages should be submitted under seal and marked Historic City Hall Project — ACH-8 Pre-Qualification "CONFIDENTIAL" to City of Atascadero, Office of the City Clerk, 6907 El Camino Real,Atascadero, CA 93422. The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre-qualification status shall 45 108 be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify the City of Atascadero and provide updated accurate information in writing, under penalty of perjury City of Atascadero reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and to determine at any time that the pre-qualification procedures will not be applied to a specific future public works project. Contractors may submit pre-qualification packages during regular working hours on any day that the offices of the City of Atascadero are open. Contractors who submit a complete pre-qualification package will be notified of their qualification status no later than ten business days after submission of the information. City of Atascadero may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by mm/d [date specified in first paragraph — 35 days before bid closing] There is no appeal from a refusal for an incomplete or late application,but re-application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions,or late submissions. *ftr Where a timely and completed application results in a rating below that necessary to pre-qualify, an appeal can be made as outlined in Section IV- Appeals Procedures. NOTICE To contractors who are using subcontractors for this job, please be advised that the City of Atascadero may require, as to subcontractors, one of the following: ❑ The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made ❑ Pre-qualification of all subcontractors. ❑ Pre-qualification of subcontractors in certain crafts. ❑ Post-bid qualification review Vfto- 46 109 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS 1490 A CAUTIONARY NOTE The information that will be given to public agencies by contractors seeking pre-qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. We expect that the information given should be and will be accepted at face value. The following information is provided for use in the few instances in which a City ofAtascadero reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified by reference to publicly available information. Information about a contractor's license(s) (Questionnaire Part I, question 6, and Part II, questions 6 and 9-13) Names and addresses of licensed contractors, information about the type of license(s) issued and the dates when licenses were issued(and certain other information), are available from the Contractors' State Licensing Board(CSLB), 9821 Business Park Drive, Sacramento, CA 95827 Telephone number 800-321-2752 The CSLB web site for public information is www CSLB ca.gov Information about workers' compensation insurance (Part I, question 3 and Part II, questions 32-33) Every workers' compensation insurance carrier issues to each of its insured businesses a Certificate of Insurance. The contractor should be willing to provide a copy upon request. Each contractor's Experience Modification Rate for the year should be stated in a letter to the contractor from the contractor's workers' compensation insurance carrier Some large companies are legally self-insured for workers' compensation, with the consent and authorization of the Department of Industrial Relations. The names of companies that are legally self-insured are available from the Department's Office of Self-Insurance Plans, Workers' Compensation, 2265 Watt Avenue, Suite 1, Sacramento, CA 95825, (916) 483- 3392 The names of each business s current and recent workers' compensation insurance carriers are available from the Workers' Compensation Insurance Reporting Bureau (WCIRB), 575 Market Street, San Francisco, telephone (415) 777-0777 WCM is not a City of Atascadero but it provides information to the public It will provide the names of the current and recent workers' compensation insurance carriers of every employer in California, in response to a written request,for a fee of$8 for every year for which you seek information. 48 112 Information about whether surety insurance carriers are "admitted"to do business in California (Part I, question 5) The California Department of Insurance will verify whether an insurance carrier is "admitted"to issue insurance policies within the State The Department has a"Hot-Line" number — 800-927-4357, and a web-site from which the information is available www insurance ca.gov Information on disqualification from bidding on public contracts (Part I, question 8 and Part Il, question 15) Information on the identities of contractors that have been disqualified from bidding on public works contracts is available from the California Labor Commissioner, Division of Labor Standards Enforcement, 455 Golden Gate Avenue, San Francisco, telephone (415) 703-4810 Information available from the Secretary of State about corporations (Part II, questions 1a-ld,2-4) The California Secretary of State has certain current and historical information about all corporations that operate in California. dates of incorporation, articles of incorporation, the name of the original incorporators, the names of the corporate officers (who are not necessarily the corporate stockholders) and an agent for service of process for the corporation. This information is available from the Secretary of State upon written request. (Secretary of State, Business Programs Division, 1500 Eleventh Street, Sacramento, CA 95814 Telephone (916) 653-2121 or 653-1239). The Secretary of State does not ordinarily have a listing of the names of initial stockholders or current stockholders, and that information is generally not available in any public record. Information available from County Clerks about partnerships and sole proprietorships (Part 1, questions la-1d,24) Every business, including a partnership, that operates under a "fictitious name" (for example, "Ajax Sheet Metal Contractors" or "Smith Brothers Electrical Contractors") is required to file with the County Clerk in the county in which its home office is located a "Fictitious Business Name" statement. This statement will indicate the owner of the business, if the business is a sole proprietorship, and the names of partners, if the business is a partnership The information is available to the public from the County Clerk upon request. A written request may be necessary 49 113 Information about bankruptcy proceedings (Part II, questions 7 and 8) r Bankruptcy petitions, which include the names of the person or business that is seeking protection from the Bankruptcy Court, are available for public inspection at the office of the Clerk of each Bankruptcy Court(which are federal courts) In California, Bankruptcy Courts are located in Sacramento, Modesto, Fresno, San Francisco, Oakland, San Jose, Los Angeles, Santa Ana, Riverside, and San Diego Most documents filed in court in bankruptcy proceedings are available for public inspection, at the Bankruptcy Court clerk's office Some information on bankruptcy filings may also be available from commercial enterprises that collect and sell information from public records) In addition some information about bankruptcy cases filed August 1990 and later is available on-line through the "PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856 or you may register online at http.//pacer psc uscourts gov/ Information about civil suits and arbitration cases (Part II, questions 14, 17 and 18) Each court keeps records of every civil suit filed in that court, and of the judgments that are issued after trials. However, the exact terms of pre-trial settlements are generally not recorded in court files. Documents related to disputes submitted to arbitration are generally not available for public inspection. Public agencies, however, are required to disclose the terms of such settlements, when documents are requested under the California Public Records Act. Information about criminal convictions (Part 1, question 9, and Part II, questions 21,22, and 23) Criminal convictions are a matter of public record. Each courthouse (in both the federal and state court systems) has an index of its own criminal records. In addition, a few data collection businesses have collected criminal conviction information from public records throughout the state, and the collected information about particular individuals or businesses is available for sale from these private businesses. Information about Federal court civil and criminal cases (Part I, question 9) Information about federal criminal cases (filed August 1991 and later) and civil cases (filed August 1990 and later) is available on-line through the "PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856) or you may register online at http.//pacer psc.uscourts gov/ 50 114 Information about citations issued for violation of �%Ww. industrial safety and health laws (Part II, questions 28 and 29) Information about citations issued by both the federal Occupational Safety and Health Administration and the California Division of Occupational Safety and Health(Cal OSHA) are available on a web-site maintained by federal OSHA, hLp.//www.osha.gov At that web site, click on "Library" On the Library page, click on"Statistics and Inspection Data." Next,click on"Establishment Search." When the next screen appears, enter the name of the contractor about whom you seek information in the `Establishment"window In the "Process" window, enter the number 999999 Click on California in the"State"window In the"Inspection Date"window, enter"1990"Then click the submit button. Information about prevailing wage law violations (Part II, question 34) Information about recent prevailing wage law violations is available from the Division of Labor Standards Enforcement, at 2424 Arden Way, Suite 360, Sacramento, CA 95825 A model letter asking for such information is enclosed. Citations from either Air Quality or Water Quality Board for violations of regulations (Part II,question 30) Information about citations issued by the California Air Resources Board is available from that agency under the Public Records Act. Their address is 2020 L Street, Sacramento, CA 95814,or Post Office Box 2815, Sacramento, 95812. In addition, Regional Air Quality Management Districts and Regional Water Quality Control Boards throughout the state may issue citations for violation of air quality or water quality standards. Consult the appropriate board in your area for information about how to gather appropriate information. Information about state-approved apprenticeship plans and violations of state apprenticeship laws (Part II, questions 36-38) Information about violations of state apprenticeship laws can be obtained from the Division of Apprenticeship Standards,455 Golden Gate Avenue, 8t'Floor,Post Office Box 420603, San Francisco, CA 94142. 51 115 ITEM NUMBER. c - 1 DATE 10/12/10 ■ min e ■ n 1918 ��p�19 87 Atascadero City Council Staff Report - Community Development Department PPN 2004-0141 Amendment Atascadero City Hall Repair and Rehabilitation Project Certification of Amended Mitigated Negative Declaration (City of Atascadero) RECOMMENDATION Council adopt Draft Resolution A, certifying the historic Atascadero City Hall Rehabilitation and Rehabilitation Project Amended Mitigated Negative Declaration 2006-0038, which includes removal of four Deodar Cedar trees and one Italian Cypress tree with incorporated mitigation DISCUSSION Background. In December of 2006, the City circulated a Mitigated Negative Declaration which evaluated the environmental impacts of the proposed City Hall repair and rehabilitation project. Grant funding associated with the project required that an environmental document be prepared in order to analyze the specific methods of proposed repair and restoration work. The CEQA document was reviewed and certified by the Atascadero City Council in January 2007 The 2006 Mitigated Negative Declaration (MND) for the City Hall repair project stated that the seven large and mature trees located in the lawn areas surrounding City Hall would be protected and preserved during the restoration project. Six of the trees are Deodar Cedars (trees Al through A6) and the seventh tree is an Italian Cypress (A7) Based on historic photographic evidence and the size of the trees, staff has concluded that all of these trees were planted within the first ten years of the completion of City Hall As part of the building permit process for the project, the City Arborist, Davey Resource Group (Davey), prepared a tree protection plan (TPP) for City Hall that would preserve the seven trees consistent with the MND Davey prepared the TPP in close consultation with City staff and the Construction Management company, *4W (Bernard's Construction) in Spring 2010 In order to save the trees, tree protection 117 fencing and matting were identified to protect the roots of the trees throughout the site Bernard's has identified concerns about the access limitations the large trees and the tree protection measures create and the additional complications to the construction project. There are also concerns about the permanent effects that the construction would have on the mature trees. The construction work plan calls for excavation of the perimeter of the building foundation and free standing scaffoldings on the exterior, in addition to the use of large, heavy equipment throughout the site A 20-foot clear area around the building is needed In order to accomplish this, significant pruning of the trees would be required and much of the critical root zone would be disturbed and compacted over the two to three year construction period The limbs of the trees would need to be raised and cut back away from the building, causing irreversible damage to the trees As a result, there is a high probability that many of the trees would not survive the construction process despite the City's best efforts for protection The project contractor has concerns about the working around any trees on the site Those concerns include • Stability and maintenance of root protection drive path tree protection matting, • Constraints on perimeter foundation excavations and stockpiles, • Safety of crews and equipment working on root protection matting areas, • Increased costs of avoiding, pruning and working around trees On August 10, 2010, the City Council reviewed an issues and options report regarding the historic trees which are interfering with the proposed work. After reviewing several options, including removal of all, none, or only some of the seven trees, the Council directed staff to revise and recirculate the City Hall Repair Project Mitigated Negative Declaration (PPN 2004-0141) to allow for the removal of four of the Deodar Cedar trees on the East Mall frontage (A3 and A4) and on Lewis Avenue (A5 and A6) and one Italian Cypress tree (A7) on the West Mall frontage The two Deodar Cedar trees along Palma Avenue (Al and A2) were to remain Analysis. An amendment to the original 2006 MND for the City Hall restoration project has been circulated in accordance with CEQA guidelines. Four (4) mature deodar cedar trees (A3 through A6) and one (1) mature Italian cypress (A7) are proposed for removal in order to access the building and complete the repairs These trees are interfering with the construction access to the building The two large deodar cedars in the front of City Hall next to Palma Avenue (Al and A2) are proposed to remain on site in order to preserve this view of City Hall from the Sunken Gardens By removing the other five trees, the two cedars along Palma can be properly protected during construction and equipment can be redirected away from the critical root zone of these two trees during construction in an effort to save the two most critical trees *s 118 Neither the Deodar Cedar nor the Italian Cypress are native trees that are protected by the City's Tree Protection Ordinance However, the trees are part of the historic setting of the Atascadero City Hall and, therefore, are covered under the National Register of Historic Places designation Based on historic photographic evidence and the size of the trees, Staff has concluded that these are the remaining trees from a formal landscape which was planted a few years after completion of the original City Hall building The arborist estimates that these trees are about 90 years old Deodar Cedars typically have a life span of up to 130 years 119 Administration Building Renovation Site Significant Trees Ifto gf Al—Deodar cedar (Cedriis deodarca) Location: South side approxiniitel fret fiolii the edge of the building tato trunk) DBH (Diaureter at Breast Heiorht) 4S inches Canopy° Radians (measured from trunk) 24 feet Tree Characteristics tree lies co-doiiinialtt stixicttire, tt•o previous Ilib failures.. and an unhealed scar at the primary branch union. Some pruning has been performed to achieve sidewalk and street clearance. l z= ' D ... x : A2— eodar cedar(Cedras deodcara) Location: South side canopy touches building DBH: SS inches (combined) Canopt- Radians 32 feet Tree Characteristics tree has co- dominant sticture and sl2nificant deadwood. Some pr•tinilig has been performed to achieve sideivall:and street clearance A3—Deodar cedar(Cednis deodara) Location: East side, approximately 31 feet from edLye of buildiii2(to trmik) f` DBH 48 inches C anopz•Radius: Tree Characteristics Tree has significant lcall tolt,ards street and overall poor VII stlrictiue. �` . �Au A4—Deodar cedar(Cedr is deodara y Location East side. canopy touches building w , DBH 54 incises Cauopv Radius: 28 feet Tree Cliaracter"istics Tree has co-dominant.poor structure, alid evidence of multiple prevrotis limb failures. Overall canopy is combined t-ith that of A3 120 �rtrr " S— Deodar cedaa {,ec�rrrs d odrrrc�} Location: North sine. approximately 3feet ; from front steps. and 45 feet fron-i building DBH: 49 inchesr`3 Canopv Radius _; .feet Tree Characteristics: Tree has overall good structure with some current clearance pruning over street. Note: old handicap access ramp should be removed for equipment access. �•� A6—Deodar cedar(C"edrus deodara) Location: North side approsnliately 41 feet fionz fi•ont steps. and 1 feet from building DBH ;3 inches Canopy Radius 32 feet 6, Tree Characteristics: Tree leans and has pool,stnicnare :asphalt driveway under canopy NOW A7—Italian ci,Tress(Cupressus semper wens) Location: South-a-est side approximately 21 feet from building DBH: =1= inches Canopy Radius: NVA Tree Characteristics Tree de-veloped iiiialta-tatanit foram because of previous sheer"pruning. Only Italian cypress can site but is approxinuitely the saine age as the ether site trees. Environmental The Draft Amendment to Mitigated Negative Declaration 2006-0038 was completed and distributed to the public for review on September 10, 2010 Notifications were sent to the State Clearinghouse, FEMA, CalEMA, and the Office of Historic Preservation, along with the standard mailing list for environmental documents. The public notification requested any public comment to be submitted to the City by 121 October 9, 2010 No public comments have been received as of the date of staff report printing Additional mitigation measures have been incorporated into the Amended Mitigated Negative Declaration in order to mitigate the proposed tree removals The two Deodar Cedar trees on Palma Avenue shall be protected during construction The project arborist has prepared a revised tree protection plan for these two trees All required protection measures (including fencing, matting, and tree wraps) will be installed and maintained throughout construction The site shall be re-landscaped upon completion of construction in order to mitigate the visual impacts of the tree removals A landscape plan prepared by a qualified landscape professional shall be submitted with building permits for approval The Atascadero Historical Society shall be consulted when choosing the plant material for the new landscape If tree removals are proposed between March 15th and August 15th, nesting bird surveys shall be conducted to ensure that existing nesting habitat shall not be disturbed Conclusion. A revised Mitigated Negative Declaration has been circulated for the changes to the proposed project, consistent with August 2010 Council direction Four Deodar Cedar trees (A3 through A6) and one Italian Cypress tree (A7) are proposed to be removed in order to complete the City Hall reconstruction and restoration Mitigation measures have been incorporated into the amended CEQA document in order to mitigate the removals The two mature Deodar Cedar trees on Palma (Al and A2) shall be protected during construction, and the site shall be re- landscaped upon project completion The proposed Amended Mitigated Negative Declaration is attached to this report for certification by the City Council FISCAL IMPACT Costs associated with the tree removals are unknown at this time Bernard's will be releasing a request for proposal to obtain bids for the five tree removals. ALTERNATIVES 1 The City Council may make minor modifications to proposed mitigation measures 2 The City Council may determine that more information is needed on some aspect of the MND and may refer the item back to staff ATTACHMENTS Attachment 1 Draft Resolution A. Proposed Initial Study and Draft Amended Mitigated Negative Declaration 122 ATTACHMENT 1 Draft Resolution A NOWProposed Initial Study and Draft Amended Mitigated Negative Declaration DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING CITY HALL REHABILITATION PROJECT AMENDED MITIGATED NEGATIVE DECLARATION PPN 2004-0141 AMENDMENT (City of Atascadero) WHEREAS, the City Council of the City of Atascadero, Atascadero, CA directed staff to recirculate the December 2006 Mitigated Negative Declaration for the repair and rehabilitation of City Hall, located at 6500 Palma Avenue, and, WHEREAS, an Initial Study and Draft Amended Mitigated Negative Declaration 2006-0038 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA), and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on October 12, 2010 following the close of the review period to consider the Initial Study and Proposed Amended Mitigated Negative Declaration, and, NOW, THEREFORE, the Atascadero City Council, at a public hearing held on October 12, 2010, hereby resolves to certify an Amendment to Mitigated Negative Declaration 2006-0038 based on the following Findings as shown on Exhibit A 1 The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA, and, 2 The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 3 The project will not achieve short-term to the disadvantage of long-term environmental goals. 4 The project does not have impacts which are individually limited, but cumulatively considerable 1*4010, 5 The project will not cause substantial adverse effects on human beings either directly or indirectly 123 Exhibit A Draft Amended Mitigated Negative Declaration 2006-0038 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 CITY OF ATASCADERO By- Roberta yRoberta Fonzi, Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM Brian A. Pierik, City Attorney 124 EXHIBIT A: Draft Amended Mitigated Negative Declaration ,lrr✓ See following 125 ECEIVED Exhibit A JULIE L. RODEWALD COUN 17 EOF AT OSRCDAEDERO CEQA REFERRAL RE( S7-442MmmENTs Community Development Department, 6907 EI Camino Real Atascadero CA 93422 (805)461 5035 NOTICE OF INTENTION BY m - TO ADOPT MITIGATED NEGATIVE DECLARATIUEPUW AND CITY COUNCIL PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council will be holding a public hearing to consider the following project and environmental determination The public is encouraged to attend Applicant: City of Atascadero City Hall 6907 EI Camino Real,Atascadero CA 93422 Project Title* Atascadero City Hall Repair and Rehabilitation Project,Amendment to MND 2006-0038 and Initial Study Project Location: Atascadero City Hall 6500 Palma Avenue,Atascadero CA 93422,APN 029-345-001 Project Description The project consists of a series of actions for the repair maintenance and rehabilitation of Atascadero's City Hall a National Register Historic Building. The project will occur in three phases. Funding for the project is derived from separate sources including FEMA, a California Stat CCHE grant and local redevelopment funds. The project will included the following specific items as delineated by a team of architectural and engineering consultants retained by the City of Atascadero. The items fall within seven major categories of work,as follows. • Exterior cladding; To see the entire Environmental • Roofing,waterproofing,and skylights; Document, go to • Interior partitions,doors,and glazing; www.atascadero org/Community • Floor and roof structure repairs; Development/Permit Center • Plumbing system repairs; • Heating,ventilation,and air conditioning repairs;and, Online/Environmental Docs • Electrical lighting,power and communication repairs. ri1 • Structural retrofitting of building An amendment to the original 2006 MND is proposed in order to remove four(4)mature deodar cedar trees and one(1)mature Italian cypress are proposed for removal in order to access the building and complete the repairs. The two (2) mature deodar cedar trees in the front of the building on Palma Ave.will remain and be protected during construction. Environmental Review Begins:September 10 2010 Dates. Ends: October 9 2010 Tentative Hearing City Council: 10/12110 Date �/ Hearing Location. Cit Hall 6:00 p.m.,6907 EI Camino Real,Atascadero,CA 93422 Proposed Based on the Amended initial study prepared for the project, an Amendment to the Mitigated Negative Environmental Declaration is proposed. The proposed Amendment to the Mitigated Negative Declaration is available for Determination. public review from 9/10/10 through 10/9/10 at 6907 EI Camino Real, Community Development Department,from B:30 a.m.to 5:00 p,m.,Monday through Friday Any interested person may review the Iosed Mitigated Negative Declaration Amendment and project files. Questions should be directed to Calli for Ass nerat 470-3448. W ren Frace,Community Development Director Date 126 ` CITY OF ATASCADERO A1411 PROPOSED AMENDMENT TO MITIGATED tVr NEGATIVE DECLARATION#2006-0038 6907 EI Camino Real Atascadero CA 93422 (805) 461-5035 Applicant: City of Atascadero City Hall 6907 EI Camino Real Atascadero CA 93422 Project Title. Atascadero City Hall Repair and Rehabilitation Project,Amendment to MND 2006-0038 and Initial Study Project Atascadero City Hall 6500 Palma Avenue Atascadero CA 93422 APN 029-345-001 Location Project The project consists of a series of actions for the repair maintenance and rehabilitation of Description Atascadero s City Hall a National Register Historic Building The project will occur in three phases Funding for the project is derived from separate sources including FEMA, a California Stat CCHE grant and local redevelopment funds The project will included the following specific items as delineated by a team of architectural and engineering consultants retained by the City of Atascadero The items fall within seven major categories of work,as follows. • Exterior cladding• • Roofing waterproofing and skylights • Interior partitions, doors and glazing • Floor and roof structure repairs, • Plumbing system repairs, • Heating ventilation,and air conditioning repairs and, • Electrical lighting power and communication repairs. • Structural retrofitting of building An amendment to the original 2006 MND is proposed in order to remove four (4) mature deodar cedar trees and one (1) mature Italian cypress are proposed for removal in order to access the building and complete the repairs. The two (2) mature deodar cedar trees in the front of the building on Palma Ave.will remain and be protected during construction Findings 1 The project does not have the potential to degrade the environment. 2 The project will not achieve short-term to the disadvantage of long-term environmental goals 3 The project does not have impacts which are individually limited but cumulatively considerable 4 The project will not cause substantial adverse effects on human beings either directly or indirectly Determination Based on the above findings and the information contained in the initial study 2006-0038 (made a part hereof by reference and on file in the Community Development Department) it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment) Prepared By- Callie Taylor,Associate Planner Date Posted- September 10 2010 Public Review Ends October 9 2010 Attachments Initial Study/Mitigated Negative Declaration 2006-0038 with Amendments 128 CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM *taw Environmental Review 2006-0038 Applicant: City of Atascadero City Hall 6907 EI Camino Real Atascadero CA 93422 Project Title. Atascadero City Hall Repair and Rehabilitation Project,Amendment to MND 2006-0038 and Initial Study Project Atascadero City Hall, 6500 Palma Avenue Atascadero CA 93422 APN 029-345-001 Location Project The project consists of a series of actions for the repair maintenance and rehabilitation of Description Atascadero s City Hall a National Register Historic Building. The project will occur in three phases. Funding for the project is derived from separate sources including FEMA, a California Stat CCHE grant and local redevelopment funds. The project will included the following specific items as delineated by a team of architectural and engineering consultants retained by the City of Atascadero The items fall within seven major categories of work, as follows • Exterior cladding • Roofing waterproofing and skylights, • Interior partitions doors and glazing, • Floor and roof structure repairs • Plumbing system repairs • Heating ventilation, and air conditioning repairs and • Electrical lighting power and communication repairs. • Structural retrofitting of building An amendment to the original 2006 MND is proposed in order to remove four (4) mature err► deodar cedar trees and one (1) mature Italian cypress are proposed for removal in order to access the building and complete the repairs. The two (2)mature deodar cedar trees in the front of the building on Palma Ave will remain and be protected during construction. Lead Agency Name and City of Atascadero Address. 6907 EI Camino Real Atascadero CA 93422 Contact Person and Phone Callie Taylor Associate Planner Number City of Atascadero 6907 El Camino Real Atascadero CA 93422 (805)470-3448 General Plan Designation D — Downtown Zoning DC — Downtown Commercial Surrounding Land Uses and North Downtown (Commercial); Atascadero Junior High School Setting South Recreation (REC), Sunken Gardens West: Downtown (Commercial) East: Downtown (Commercial) Other public agencies whose San Luis Obispo Air Pollution Control District approval is required (e.g San Luis Obispo County Environmental Health Department permits financing approval,or Office of Historic Preservation FEMA participation agreement) 129 CITY OF ATASCADERO INITIAL STUDY TABLE OF CONTENTS Section page 1 0 INTRODUCTION 1-1 1 1 PURPOSE OF IS/MND 1-1 1 2 IS/MND FORMAT AND CONTENTS 1-1 1 3 CEQA IS/MND REQUIREMENTS 1-2 1 4 LEAD AGENCY NAME AND ADDRESS 1-2 1 5 CONTACT PERSON AND TELEPHONE NUMBER 1-2 1 6 PROJECT SPONSOR S NAME AND ADDRESS 1-2 1 7 PROPERTY OWNERS 1-2 1 8 RESPONSIBLE AGENCIES 1-2 20 PROJECT DESCRIPTION 2-1 21 INTRODUCTION AND BACKGROUND 2-1 22 PROJECT LOCATION 2-3 23 SITE FEATURES 2-3 24 NECESSARY PROJECT IMPROVEMENTS 2-3 25 PROJECT OBJECTIVES AND DESCRIPTION 2-4 2.6 PROJECT FUNDING 2-12 30 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 3-1 31 AESTHETICS 3-4 32 AGRICULTURAL RESOURCES 3-5 33 AIR QUALITY 3-6 34 BIOLOGICAL RESOURCES 3-14 35 CULTURAL RESOURCES 3-16 36 GEOLOGY AND SOILS 3-56 37 HAZARDS AND HAZARDOUS MATERIALS 3-59 38 HYDROLOGY AND WATER QUALITY 3-61 39 LAND USE AND PLANNING 3-64 3 10 MINERAL RESOURCES 3-65 311 NOISE 3-65 3 12 POPULATION AND HOUSING 3-69 3 13 PUBLIC SERVICES 3-70 314 RECREATION 3-71 315 TRANSPORTATION/TRAFFIC 3-73 3 16 UTILITIES/SERVICE SYSTEMS 3-76 3 17 MANDATORY FINDINGS OF SIGNIFICANCE 3-78 1-i 130 I CITY OF ATASCADERO y INITIAL STUDY LIST OF TABLES Table Title P_ age 33-1 Ambient Air Quality Standards 3-9 33-2 Summary of Air Quality Standard Exceedances 3-10 35-1 Repair and Rehabilitation Impact Evaluation 3-18 3 11-1 Definitions of Acoustical Terms 3-66 3 15-1 Roadway Classifications 3-74 LIST OF FIGURES Figure Title Page 2-1 Site Vicinity Map 2-5 2-2 Site Location Map 2-7 2-3 Site Plan 2-9 35-1 Existing Basement Level Floor Plan 3-33 35-2 Existing First Floor Plan 3-35 *NW 35-3 Existing Second Floor Plan 3-37 35-4 Existing Third Floor Plan 3-39 35-5 Existing Fourth Floor Plan 3-41 35-6 Existing Upper Rotunda Mezzanine Plan 3-43 35-7 Existing Roof Plan 3-45 35-8 Existing Section A 3-47 35-9 Existing Section B 3-49 APPENDICES A. MITIGATION MONITORING AND REPORTING PROGRAM B HISTORICAL RESOURCES REPORT C SOILS ENGINEERING REPORT 1-ii 131 CITY OF ATASCADERO INITIAL STUDY CHAPTER 1 0 V010 INTRODUCTION 1 1 PURPOSE OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION The City of Atascadero (City) Community Development Department, serving as the Lead Agency under the California Environmental Quality Act (CEQA) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) to assess the impacts that may result from the development of the proposed project. The proposed project involves a series of actions to repair and rehabilitate the Atascadero City Hall (City Hall) built in 1918 which was damaged by the 6 5 (Richter Scale) San Simeon Earthquake which occurred on December 22, 2003 The City Hall is on the National Register of Historic Places (#77000336) and is a California Historical Landmark (#958) It is a 58,834 square-foot building constructed of unreinforced masonry and concrete frame with a masonry veneer The damage caused to the historic building forced its closure and the relocation of City staff to other buildings This IS/MND is intended to inform the public decision makers and other responsible or interested agencies and organizations of the potential environmental effects of the proposed project. The environmental review process enables public agencies to evaluate a project in terms of its environmental consequences and to consider and implement methods of eliminating or reducing any potentially adverse impacts This document is being prepared to review and evaluate the significance of the project's impacts on historical resources and covers only the first phase of the project. 1.2 IS/MND FORMAT AND CONTENTS The IS/MND comprises the substantive portion of the environmental documentation for the project prepared to comply with CEQA requirements This IS/MND has been prepared in conformance with the CEQA Guidelines for Implementation of the California Environmental Quality Act, California Code of Regulations Title 14 (hereafter CEQA Guidelines') The IS/MND examines the following topic areas • Aesthetics • Land Use/Planning • Agricultural Resources • Mineral Resources • Air Quality • Noise • Biological Resources • Population and Housing • Cultural Resources • Public Services • Geology and Soils • Recreation • Hazards and Hazardous • Transportation/Traffic Materials • Utilities/Services Systems • Hydrology/Water Quality 1-1 132 I CITY OF ATASCADERO INITIAL STUDY 1.3 CEQA IS/MND REQUIREMENTS Illftw An IS/MND must be prepared in conformance with the CEQA of 1970, as amended Public Resources Code Section 21064 5 and CEQA Guidelines Section 15070 state that an IS/MND may be prepared if the Initial Study identifies a potentially significant effect for which the project proponent has made or agrees to make project revisions that clearly mitigate the effects Additionally an IS/MND may not be used if any substantial evidence indicates that the revised project with mitigation may still have a significant effect on the environment. 14 LEAD AGENCY NAME AND ADDRESS CEQA applies to discretionary government actions that are defined as a project and have the potential to result in either a direct or indirect physical change in the environment. An activity is considered a project if it requires issuance of a lease permit, license certificate, or other entitlement by a public agency The CEQA Lead Agency is the California government agency that has the principal responsibility of approving a project and preparing the appropriate CEQA documentation CEQA applies to all California government agencies at all levels including local agencies, regional agencies and state agencies boards, commissions, and special districts The City is designated as the CEQA lead agency for approval of this project by virtue of its discretionary authority as a municipality 1 5 CONTACT PERSON AND TELEPHONE NUMBER Callie Taylor Associate Planner ter• City of Atascadero Community Development Department 6907 EI Camino Real Atascadero CA 93422 Telephone (805)461-5000, ext. 3448 1 6 PROJECT SPONSOR'S NAME AND ADDRESS See above 1 7 PROPERTY OWNERS See above 1.8 RESPONSIBLE AGENCIES A responsible agency is an agency other than the lead agency that has a legal responsibility for also carrying out or approving a project. The responsible agency must actively participate in the lead agency's CEQA process by reviewing the document and using it for the approval of the project. The responsible agency may also use this document to achieve CEQA compliance when issuing permits or approvals required authorizing the project. Responsible agencies pertaining to this project include • San Luis Obispo Air Pollution Control District. California Air Resource Board has enacted an Asbestos Airborne Toxic Control Measure for Construction, Grading, Quarrying and Surface Mining Operations The San Luis Air Pollution Control District (APCD) would require submittal of an evaluation prior to construction which includes 1-2 133 CITY OF ATASCADERO INITIAL STUDY a determination as to whether building materials at the project site may contain asbestos If asbestos is present, then the APCD may require preparation of an Asbestos Health and Safety Program and dust mitigation measures under guidance of the National Emission Standards for Hazardous Air Pollutants (NESHAP) • County of San Luis Obispo Environmental Health Department. The San Luis Obispo Environmental Health Department (SLOEHD) would be responsible for dealing with lead issues in the event lead is found Due to the age of the building it is very likely that lead is present. Therefore SLOEHD would act as an implementing authority for preparation of a Lead Work Plan 1-3 134 i �y CITY OF ATASCADERO INITIAL STUDY THIS PAGE LEFT INTENTIONALLY BLANK 1-4 135 f CITY OF ATASCADERO INITIAL STUDY CHAPTER 2.0 PROJECT DESCRIPTION 21 INTRODUCTION AND BACKGROUND The City has proposed to undertake actions to repair and rehabilitate the City Hall which was damaged by the 6 5 San Simeon Earthquake of December 22 2003 The project, known as the City Hall Repair and Rehabilitation Project, would include seven categories of work related to repair rehabilitation and maintenance of the building as specified by a team of architectural and engineering consultants retained by the City With implementation of the proposed project, the City aims to ensure that the project conforms to provisions of CEQA Guidelines pertaining to preservation and restoration of registered historic buildings This document is being prepared in order to review and evaluate the significance of the projects impacts on historical resources and other areas of potential environmental significance 21 1 Building History The City Hall was originally designed and constructed to be the centerpiece of the Atascadero Colony a utopian planned community by Edward Gardner Lewis With the desire to have an administration building to attract attention to the community Lewis commissioned Bliss and Faville a prominent San Francisco architectural firm to design the building After completion of the design process construction began in 1914 and was completed in 1918 by the F O Engstrom Company of Los Angeles utilizing local resources including bricks made from local clay Designed with a Greek cross plan, the building houses two separate and distinct rotunda spaces on the first and fourth floors in the center of the building, with offices ringing the perimeter The 40-foot tall rotunda space on the first floor was designed to be a museum to showcase agricultural and mineral products It is far more ornate than the fourth floor rotunda due to the decorative plaster, coffered dome clerestory windows and elaborate chandelier The 44-foot tall rotunda on the fourth floor was originally planned to be the community library and up until the earthquake, was used as city council chambers This rotunda is more subdued than the first floor space due to the original space plan for the building Ornate plaster column capitals are the most decorative elements and the original skylight at the top of the dome has long been eliminated on the exterior of the building and re-roofed with a metal cap The remainder of the building is filled with offices The building functioned as the headquarters of the Colony Holding Corporation until the Colony's bankruptcy in the mid 1920 s After that, the building housed many functions including real estate offices a bank, and a number of different schools The County of San Luis Obispo acquired the building in 1950 as a Veteran's Memorial and leased out portions to a local school In 1952 the County moved its offices into the building and when the City incorporated in 1979 the building was returned to the City to function as an administration building The building was 2-1 136 CITY OF ATASCADERO ,ms�Bao INITIAL STUDY listed on the National Register of Historic Places (#77000336) in 1977 and was made a California Registered Historical Landmark (#958) in 1984 2 1.2 Structural Damage As a result of the San Simeon Earthquake extensive damage occurred to the City Hall, including approximately seven inches of differential foundation settlement and slab-on- grad buckling The reinforced concrete floors and stairs also sustained spalling damage (i.e , cracking and chipping) The unreinforced masonry walls were damaged by major cracking, spalling permanent distortion and localized collapse Evaluation of the structural earthquake damage was performed using Federal Emergency Management Agency (FEMA) guidelines finite element computer techniques and ground motion data from the 2003 San Simeon earthquake Based on the structural evaluation data the structural earthquake safety of the City Hall building has been significantly reduced '�*A '' Extensive structural repairs are required to repair and rehabilitate the pre-earthquake safety levels of the City Hall building 2 1 3 Architectural and Materials Damage Architectural and ,. . materials damage also occurred Flooring, including concrete and vinyl, was damaged f„ Interior plaster damage and cracking occurred to ,.. interior walls Ceiling damage included cracking and plaster delamination, as well as water damage as a result of rain entering through punctures in the ceiling Doors sustained damage via jamming caused by differential 2-2 137 ' CITY OF ATASCADERO INITIAL STUDY settlement. Damage to windows includes shattered glass and misaligned frames and sashes Other materials damage includes cracked plaster at entry porticos Roofing on the City Hall was also significantly damaged creating gouges that were caused by falling masonry debris Skylights were cracked or shattered and will also require replacement. These damaged elements and a large number of other miscellaneous repairs are required 2.2 PROJECT LOCATION The City Hall project site is located at 6500 Palma Avenue in downtown Atascadero The parcel consists of approximately one acre bordered by Sunken Gardens to the south Atascadero Junior High school to the north and downtown commercial uses to the west and east. See Figures 2-1 and 2-2 for site vicinity and site location maps Figure 2 3 provides a site plan view of the project site 2.3 SITE FEATURES The site is currently developed with the City Hall, which was built in 1918 and damaged by the 6 5 (Richter scale) San Simeon Earthquake of December 22 2003 The City Hall is on the National Register of Historic Places (#77000336) and is a California Historical Landmark (#958) It is a 58 834 square-foot building constructed of unreinforced masonry and concrete frame with a masonry veneer The damage caused to the historic building forced its closure and the relocation of City staff to other buildings The existing topography is flat and the site contains mature non-native evergreens trees including six deodar cedar trees and one Italian cypress tree Based on historic photographic evidence and the size of the trees, staff has concluded that all of these trees were planted within the first ten years of the completion of City Hall The arborist estimates that these trees are about 90 years old No native vegetation or sensitive habitats exist on the site The site was originally fully landscaped with lawns, shrubbery, trees, and fountains Most of the landscape was either previously removed or has not been maintained since the earthquake Several Italian cypress trees were originally installed in a formal landscape around the building Only one Italian cypress tree remains 24 NECESSARY PROJECT IMPROVEMENTS The proposed project consists of a series of actions for the repair and rehabilitation of the City Hall The project will be funded by separate and different sources for each phase The first phase of the project would obtain funding from a State grant (see Section 2 6) The State grant covers work only associated with the repair, maintenance and rehabilitation of the historical and cultural aspects (i e architectural veneers, floor and roof structures) of the damaged City Hall Additional funding sources will cover other building elements, such as fire protection systems and Building Code requirements that are not associated with the historical restoration work as `rrrr` 2-3 138 � I CITY OF ATASCADERO INITIAL STUDY funded by the State grant. FEMA funding will be used to repair structural earthquake damage to achieve seismic safety standards Structural repair, as outlined in the City of Atascadero City Hall Damage Assessment & Rehabilitation Plan (Pfeiffer Partners 2005), is designed to repair and rehabilitate the pre- earthquake performance levels of the building and includes the following • Epoxy injection of earthquake cracks in damaged reinforced concrete floors and stairs, and, • Repair of extensive earthquake damage to unreinforced masonry walls using a variety of repair techniques as appropriate based on the damage conditions, including grout injection, reinforced concrete overlays, carbon fiber overlays, steel replacement bracing wall anchorage, and localized removal and reconstruction In addition to the structural repairs additional seismic strengthening measures are recommended to mitigate future earthquake damage including • Additional reinforced concrete overlays on unreinforced masonry walls • Connection strengthening of the timber dome framing and ring beam and • Anchorage of brick veneer 2.5 PROJECT OBJECTIVES AND DESCRIPTION The purpose of the project is to allow repair and rehabilitation of the usefulness of the City Hall and to address and satisfy the statutory provisions related to structures of historical and archaeological significance (Section 15064 5 Article 5 CEQA Guidelines) There are 55 specific items that fall within seven major categories which are associated with the repair, maintenance and rehabilitation of the historical and cultural aspects of the project: • Exterior cladding, • Roofing, waterproofing and skylights • Interior partitions doors and glazing • Floor and roof structure repairs, • Plumbing system repairs, • Heating, ventilation, and air conditioning repairs and, • Electrical lighting, power, and communication repairs 2-4 139 wo CITY OF ATASCADERO INITIAL STUDY Work items within the first three categories noted are classified as restoration activity, whereas work items within the last four categories are classified as deferred maintenance activity With respect to this project, restoration activity consists of those actions or treatments intended to restore character-defining elements of the building to their original 1918 condition and appearance whereas deferred maintenance activity consists of repair work intended to extend and enhance the life of City Hall (i e improve the infrastructure of the building to a condition superior to that which existed prior to the San Simeon earthquake ) In the initial planning of the City Hall restoration project, all the seven remaining trees (including the six deodar cedars and the one Italian cypress tree) were to be protected and retained on site A project arborist completed a tree protection plan which identified areas near the trees which needed to be protected and were not to be impacted during construction In order to save the trees most of the site needs to be fenced off or covered with layers of matting to protect the critical root zone of the large trees However, the contractors have found that demolition and construction of the proposed project can not be completed without access to these areas of the site An amendment to the original 2006 MND is proposed in order to remove four (4) deodar cedar trees and one (1) Italian cypress in order to access the building and complete the repairs The two (2) deodar cedar trees in the front of the building on Palma Avenue will be protected during construction in an effort to save the most visible trees on the site New landscape will be installed after completion of the construction in order to mitigate the visual impact of these non- native tree removals 2-5 140 November 2006 Project No.0602-2391 trJ y' KEY MAP — I' -- \ R4'�WAf PROJECT r VICINITY r if. nac..xe Y w q rc-. d fic .h nWitA 4 TO LARD Pr�RR •"! 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G° INITIAL STUDY THIS PAGE LEFT INTENTIONALLY BLANK 2-9 144 i N--------- - W fir+ H M N W LLF, Q u O N Z O 'T rvm lsy-a Z i � u u n u O r --- ` a' rd ¢ � U _ � a W 1° ' I 01 � n t 'I'IdYd,T.SHIiA Q Z N U N U O -- n L) m (0 IL a rn Cl) LIE N boo,x OCep r m f U Nc I- 6cY N .II Z 7 Lu fU/1 E N N m @ U � � a 145 CITY OF ATASCADERO INITIAL STUDY THIS PAGE LEFT INTENTIONALLY BLANK 2-11 146 ! I rti CITY OFATASCADERO INITIAL STUDY Exterior Cladding • Exterior Finishes Repairs pin loose decorative terra cotta repair decorative terra cotta glaze and bisque spalls rebuild displaced masonry patch spalled brick, remove and replace damaged parge coating inject epoxy into cracked brick and terra cotta repoint open mortar joints In brick and terra cotta replaced 12 missing stone pieces, prep and paint exposed steel lintels, remove mortar droppings on surface of terra cotta from previous repair work, and repair cast stone column bases • Exterior Doors & Frames replace non-historic aluminum entrance doors with new Hope s metal doors and transom to match historic pattern reconfigure existing exterior masonry to match opposite corner due to door replacement, and prepare and paint existing door lintels • Exterior Soffits prepare and paint peeling roof eaves and prepare and paint existing plaster ceilings at entries, • Exterior Balustrades, Parapets, and Roof Screens install epoxy pin anchors in cracked terra cotta balustrades repair terra cotta glaze spalls replace terra cotta blocks that have significant spalls, inject epoxy into terra cotta and brick cracks, repair the existing steel balustrade bracing, install new parge coating at top surface of brick parapet, repoint terra cotta joints at balustrade clean organic growth on balustrade, and remove CMU infill in balustrade and replace with new terra cotta balusters to match historic pattern, and • Miscellaneous Exterior Work: prep and paint all cast stone clean off all efflorescence, clean off all water stains, and clean off all organic growth Roofing, Waterproofing, & Skylights • Repair and rehabilitation would include install below grade membrane waterproofing to foundations walls, clean fascia flashing at roofing, fasten uncompleted roof drains, add bird stop, remove and replace all painted glass in upper rotunda ceiling with new translucent tempered glass to match historic pattern restore skylights above two main staircases, and miscellaneous caulking and sealing Interior Partitions, Doors & Glazing • Partitions recreate overlooks into first floor rotunda construct light boxes at previous clerestory locations in lower rotunda, and construct light boxes at previous clerestory in upper rotunda, and, • Balustrades and Rails reopen overlooks into first floor rotunda including demo, rebuild railings, rebuild low wall and install glass, and remove existing railing and replace with new to match historic pattern 2-12 147 CITY OF ATASCADERO INITIAL STUDY Floor & Roof Structure Repairs • Repair spalled and cracked concrete slabs and beams at the suspended floors • Remove and replace roof framing • Replace plywood sheathing at roof- and, • Miscellaneous metal and blocking repairs Plumbing System Repairs • Sanitary waste vent, and service pipework repairs • Kitchen system repairs including equipment connection grease waste fittings and grease interceptor- and • Upgrade natural gas service including shut off valves pipework, and fittings Heating, Ventilation, & Air Conditioning (HVAC) Repairs • Replace HVAC air distribution systems zoning & controls Electrical Lighting, Power & Communication Repairs • Upgrade main power and distribution breakers to (e) switchboard • Upgrade machine and equipment power connections switches, conduit, and cable • Upgrade user convenience power receptacles including conduit and cable spot upgrades • Install new lighting fixtures at upper and lower rotunda light boxes • Upgrade lighting control panels and, • Upgrade telephone/data outlets, including conduit and cable, spot upgrades 26 PROJECT FUNDING In September of 2002, Governor Davis signed the California Cultural and Historical Endowment Act, which established the California Cultural and Historical Endowment (Endowment) in the California State Library (AB 716) The Act requires the Endowment to use Proposition 40 fund to make grants and loans to public agencies and nonprofit organizations for California s cultural and historic resources Proposition 40 — the California Clean Water Clean Air, Safe Neighborhood Parks and Coastal Protection Act), approved in 2002, included $267 million for historic and cultural resource preservation Due to its historical significance, the City Hall 2-13 148 CITY OF ATASCADERO INITIAL STUDY demonstrates culturally significant aspects of life during various periods of California history including architecture The establishment of the Endowment is intended to raise the profile and scope of California s historic and cultural preservation program In 2003, the state budget authorized the Endowment to spend $128 million of Proposition 40 s funds to carry out its programs The City Hall would use Proposition 40 funds to support the repair and rehabilitation of the City Hall 2-14 149 CITY OF ATASCADERO ' ^ ~ INITIAL STUDY THIS PAGE LEFT INTENTIONALLY BLANK 2-15 150 c � CITY OF ATASCADERO INITIAL STUDY CHAPTER 3 0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages ® Aesthetics ❑ Agriculture Resources ® Air Quality ❑ Biological Resources ® Cultural Resources ® Geology/Soils ® Hazards & Hazardous ❑ Hydrology/Water ❑ Land Use / Planning Materials Quality ❑ Mineral Resources ® Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ® Transportation/Traffic ❑ Utilities / Service ® Mandatory Findings of Significance Systems On the basis of this initial evaluation ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required ❑ I find that the proposed project MAY have a potentially significant effect" or `potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required but it must analyze only the effects that remain to be addressed 3-1 151 CITY OF ATASCADERO INITIAL STUDY ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier E►R or NEGATIVE DECLARATION including revisions or mitigation measures that are imposed upon the proposed project. �C \�f Callie Taylor Associate Planner 3-2 152 4a. ' ' CITY OF ATASCADERO 'T=�;� = � INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS. 1) A brief explanation is required for all answers except 'No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e g the project falls outside a fault rupture zone) A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e g the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis) 2) All answers must take in account of the whole action involved including off-site as well as on-site cumulative as well as project-level indirect as well as direct, and construction as well as operational impacts 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made an EIR is required 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII "Earlier Analyses," may be cross-referenced) 5) Earlier analyses may be used where, pursuant to the tiering program EIR or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063(c)(3)(D) Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e g general plans zoning ordinances) Reference to a previously prepared or outside document should where appropriate include a reference to the page or pages where the statement is substantiated A source list should be attached Other sources used or individuals contacted should be cited in the discussion .41111110 3-3 154 ( i CITY OF ATASCADERO INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3 1 AESTHETICS--Would the project: a)Have a substantial adverse effect on a scenic vista? b)Substantially damage scenic resources including but not limited to trees,rock outcroppings and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d)Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES Site Visit. Setting The City is located near the southern end of the Salinas Valley adjacent to the Salinas River The core of the City lies just west of the River along EI Camino Real, which supports the majority of the City's commerce and business activities Further west, residential neighborhoods extend in ever-decreasing densities into the foothills of the coastal Santa Lucia Mountains. Seasonal streams that meander through the foothills and neighborhoods to the valley floor cut the slopes of the Santa Lucia s The wooded foothills provide the visual backdrop and setting for the City Oak trees are an important visual characteristic of the City, in forests, smaller groves and as landmark individuals The site is currently the location of quake-damaged City Hall, which was built in 1918. and is contains shrubbery and mature, non-native trees The City Hall is located in downtown Atascadero in the commercial business district. Adjacent buildings include small commercial businesses to the west and east, and the Atascadero Junior High School to the north Visual resources of note adjacent to the City Hall include Sunken Gardens and the large mature Deodor Cedar(Cedrus deodora) trees located on the park and City Hall grounds Scenic vistas are generally obscured by these large trees, and surrounding development. Answers to Checklist Questions Questions A. The site does not provide a substantial scenic vista or views of rock outcroppings, however, construction activities would temporarily alter the visual aesthetics of the City Hall as viewed from the immediate surroundings, such as Sunken Gardens 3-4 155 CITY OF ATASCADERO - INITIAL STUDY Questions B and C There would not be substantial amounts of exposed soils during construction However minor amounts of construction equipment for repairs and hauling of construction materials would be present near the City Hall during the course of construction This would represent a short-term visual change in the aesthetic character of the City Hall These impacts would be temporary in nature Ultimately, repair and rehabilitation of the City Hall would have a beneficial effect through restoration of its currently damaged exterior- therefore, impacts would be less than significant. The two most visually prominent deodar cedar trees face Palma Avenue and the Sunken Gardens These trees will the preserved and protected during construction Four of the mature deodar cedar trees which surround City Hall are proposed to be removed in order to complete the construction These trees are interfering with the construction access to the building and must be removed The two large deodar cedars in the front of City Hall next to Palma Ave are proposed to remain on site in order to preserve this view of City Hall from the Sunken Gardens These two front trees are the most highly visible trees on site By removing the other trees the two cedars along Palma can be properly protected during construction and equipment can be redirected away from the critical root zone of these two trees during construction in an effort to save the two trees All tree removals shall be mitigated by replanting on site Most of the existing trees on site are nearing the end of their life span and in declining condition and are not expected to survive through the construction impacts By replacing the removed trees with new, healthy landscape, the visual aesthetics of the site will be improved and can be maintained for the future Questions D No new sources of light would be introduced to the project area as a result of the City Hall Repair and Rehabilitation Project. No nighttime construction is proposed therefore impacts would be less than significant. Mitigation Mitigation Measure A-1. The site shall be relandscaped upon completion of construction in order to mitigate the visual impacts of the tree removals A landscape plan prepared by a qualified landscape professional shall be submitted with building permits for approval. The Atascadero Historical society shall be consulted when choosing the plant material for the new landscape. Finding With the incorporation of mitigation the proposed project would result in less than significant impacts to aesthetics 3-5 156 } ' CITY OF A TASCADERO �. INITIAL STUDY Naw Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3.2.AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project: a)Convert Prime Farmland, Unique Farmland,or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non- agricultural use? b) Conflict with existing zoning for agricultural use or a F] Williamson Act contract? FJ 1:1 c) Involve other changes in the existing environment which El due to their location or nature could result in conversion of Farmland to non-agricultural use? SOURCES Site Visit. Setting There are currently about 44 acres of zoned agricultural lands within the City There are over 100 acres of prime farmland along the Salinas River, Farmland of Local Potential along Graves Creek, and a large amount of acreage that is classified as grazing land Answers to Checklist Questions Questions A-C As the project site has been fully developed, it is not considered prime farmland Because the property is developed and is located in an urbanized setting, there would be no impacts to agricultural resources Finding There would be no impact to agricultural resources `*i.+ 3-6 157 a CITY OF ATASCADERO INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3.3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? El VN b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? El El e)Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook, California Air Resources Board,West Front Villages IS/MND (City of Atascadero) Setting This section addresses the air emissions of the proposed project and the potential impacts to air quality Impacts to air quality associated with the project were assessed based on a comparison to the significance thresholds developed by the San Luis Obispo County Air Pollution Control District(APCD) Climate and Meteorology The project site is located in the City of Atascadero, within the upper Salinas River Valley This area supports about 25 percent of the County's population and has historically experienced the highest ozone and particulate levels in the County Transport of ozone precursors (oxides of nitrogen and hydrocarbons) from coastal regions and the San Joaquin Valley may contribute to the high pollutant levels Although the project area is located about 15 miles from the coast, the Pacific Ocean plays a key role in moderating temperatures and affecting weather patterns Summers are warm but an early morning marine layer may occur Winters are usually cool and wet with the rainy season extending from late November to early April 3-7 158 r � CITY OF ATASCADERO INITIAL STUDY The nearest climatic data station to the project site is in the City of Atascadero The coldest month is December with an average minimum temperature of 31 degrees Fahrenheit. The warmest month is August, with an average maximum temperature of 92 degrees Fahrenheit. The average annual rainfall is 14 71 inches with 91 percent falling from November through April Airflow plays an important role in the movement and dispersion of air pollutants in the San Luis Obispo region The speed and direction of local winds are controlled by 1) the location and strength of the Pacific High pressure system and other global patterns 2) topographical factors and 3) circulation patterns resulting from temperature differences between the land and sea During the spring and summer, when the Pacific High attains its greatest strength, onshore winds from the northwest generally prevail during the day As evening approaches, onshore winds die down and the wind direction reverses with weak winds flowing down the coastal mountains and valleys to form light easterly breezes In the fall onshore surface winds decline and the marine layer grows shallow allowing an occasional reversal to a weak offshore flow This along with the diurnal alteration of land-sea breeze circulation, can sometimes produce a "sloshing" effect. Under such conditions, pollutants may accumulate over the Pacific Ocean and subsequently be carried back onshore with the return of sea breezes In the atmosphere, air temperatures normally decrease as altitude increases At varying distances above the earth's surface, however, a reversal of this temperature gradient can occur Such a condition, which is called an inversion, is simply a warm layer of air over a layer of cooler air Inversions can have the effect of limiting the vertical dispersion of air pollutants, trapping them near the earth's surface Several types of inversions are common to the San Luis Obispo area Weak surface inversions are caused by radiational cooling of air in contact with the cold surface of the earth at night. In valleys and low-lying areas, this condition is intensified by the addition of cold air flowing down from hills and pooling on valley floors Surface inversions are common throughout the County during winter months particularly on cold mornings As the morning sun warms the earth and air near the ground, the inversion lifts, gradually dissipating throughout the day During the summer, subsidence inversions can occur when the summertime presence of the Pacific high-pressure cell can cause the air mass aloft to sink. As the air descends, compressional heating warms the air to a higher temperature than the air below This highly stable atmospheric conditioning can act as a nearly impenetrable lid to the vertical mixing of pollutants Subsidence inversions can persist for one or more days causing air stagnation and the buildup of pollutants. Air Pollution Control Air pollution control is administered on three governmental levels in the project area The United States Environmental Protection Agency (EPA) has jurisdiction under the Federal Clean Air Act to develop Federal air quality standards and to require individual states to prepare State Implementation Plans (SIPs)to attain these standards 3-8 159 CITY OF ATASCADERO INITIAL STUDY The California Environmental Protection Agency Air Resources Board (ARB) has jurisdiction under the California Health and Safety Code and the California Clean Air Act to develop California air quality standards to require regional plans to attain these standards and to coordinate the preparation by local air districts of plans required by both the Federal and State Clean Air Acts ARB is also responsible for the development of state emission standards for mobile and stationary emission sources The APCD shares responsibility with the ARB for ensuring that all State and Federal ambient air quality standards are attained within the County The APCD has jurisdiction under the California Health and Safety Code to develop emission standards for the County, issue air pollution permits, and require emission controls for stationary sources in the County Additionally, the APCD is also responsible for the attainment of State and Federal air quality standards in the County Air Quality Standards Air quality standards are specific concentrations of pollutants that are used as thresholds to protect public health and the public welfare The U S Environmental Protection Agency (EPA) has developed two sets of standards one to provide an adequate margin of safety to protect human health and the second to protect the public welfare from any known or anticipated adverse effects At this time sulfur dioxide is the only pollutant for which the two standards differ ARB has developed air quality standards for California, which are generally lower in concentration than the Federal standards California standards exist for ozone, carbon monoxide, nitrogen dioxide, PM,o, visibility sulfates lead hydrogen sulfide and vinyl chloride In July 1997 the EPA finalized new health-based ozone and particulate matter (PM) standards However due to several lawsuits the standards were not fully implemented until February 2001 The new Federal ozone standard is based on a longer averaging period (8-hour vs 1-hour) recognizing that prolonged exposure is more damaging The new Federal PM standard is based on finer particles (2.5 microns and smaller vs 10 microns and smaller), recognizing that finer particles may have a higher residence time in the lungs and cause greater respiratory illness In 2002, the ARB lowered the annual standards for PM,() and PM2.5 in response to the Children s Environmental Health Protection Act. Table 3 3-1 lists the applicable State and Federal air quality standards 3-9 160 M CITY OF ATASCADERO INITIAL STUDY Table 3.3-1 Ambient Air Quality Standards Pollutant Averaging Time State Standard Federal Standard 1 Hour 0 09 ppm -- Ozone 8-Hour 0 08 ppm 1-Hour 20 ppm 35 ppm Carbon Monoxide(CO) 8-Hour 9 0 ppm 9 0 ppm Nitrogen Dioxide(NO2) 1-Hour 0.25 ppm -- Inhalable Particulate Matter 24-Hour 65 ug/m3 (PM2-5) Annual Arithmetic Mean 12 ug/m3 15 ug/m3 Inhalable Particulate Matter 24-Hour 50 ug/m3 150 ug/m3 (PM10) Annual Arithmetic Mean 20 ug/m3 50 ug/m3 1-hour 0.25 ppm -- Sulfur Dioxide (SO2) 24-Hour 0 04 ppm 0 14 ppm Notes ppm—parts per million pg-micrograms Effects of Air Pollution The primary chemical compounds that are considered pollutants emitted into or formed in the atmosphere include ozone oxides of nitrogen, sulfur dioxide hydrocarbons carbon monoxide, and particulate matter Ozone is formed in the atmosphere through a complex series of chemical reactions generally requiring light as an energy source Ozone is a pungent, colorless gas that is a strong irritant and attacks the respiratory system Respiratory and cardiovascular diseases are aggravated by exposure to ozone A healthy person exposed to high concentrations of ozone may experience nausea dizziness, and burning in the chest. Ozone also damages crops and other vegetation Oxides of nitrogen (NO,), which are considered pollutants, include nitric oxide (NO) and nitrogen dioxide (NO2) NO is colorless and odorless and is generally formed by combustion processes combining atmospheric oxygen and nitrogen NO2 is a reddish-brown irritating gas formed by the combination of NO and oxygen in the atmosphere or at the emission source Both NO and NO2 are considered ozone precursors because they react with hydrocarbons and oxygen to produce ozone Exposure to NO2 may increase the potential for respiratory infections in children and cause difficulty in breathing even among healthy persons and especially among asthmatics Sulfur dioxide (S02) is a colorless, pungent, irritating gas which affects the upper respiratory tract. Sulfur dioxide may combine with particulate matter and settle in the lungs causing damage to lung tissues Sulfur dioxide may combine with water in the atmosphere to form sulfuric acid that may fall as acid rain, damaging vegetation 1*AW 3-10 161 CITY OFATASCADERO INITIAL STUDY Hydrocarbons include a wide variety of compounds containing hydrogen and carbon. Many hydrocarbons (known as reactive organic gases [ROG]) react with NO and NO2 to form ozone Generally ambient hydrocarbon concentrations do not cause adverse health effects directly, but result in ozone formation Carbon monoxide (CO) is a colorless odorless gas generally formed by incomplete combustion of hydrocarbon-containing fuels Carbon monoxide does not irritate the respiratory tract, but does interfere with the ability of blood to carry oxygen to vital tissues Particulate matter consists of a wide variety of particle sizes and composition Generally particles less than 10 microns (PM,o) are considered to be pollutants because they accumulate in the lung tissues and may contain toxic materials which can be absorbed into the system Baseline Air Quality Air quality in San Luis Obispo County is currently monitored at eight public agency and private sector monitoring stations located throughout the County The nearest station is located in Atascadero (Lewis Avenue) approximately 500 feet northwest of the project site The Atascadero station monitors ozone carbon monoxide, nitrogen dioxide PM,o and PM2.5 levels Table 3 3-2 presents the maximum pollutant concentrations for 1-hour and 8-hour ozone and PM,o that were recorded at this station from 2003 through 2005 This summary is taken from APCD Air Quality Summary Data tables Table 3 3-2 Summary of Air Quality Standard Exceedances Year 2003. 2004 2005 Ozone 1-hour(ppm) Worst Hour 0 093 0 085 0.096 Number of State Exceedances (Days> 0 095 ppm) 0 0 1 Ozone 8-hour(ppm) Worst 8-hour Period 0 076 0 076 0.084 Number of State Exceedances (Periods> 0.085 ppm) 0 0 0 PM,o(micrograms/cubic meter) Worst Sample 57.0 420 240 Number of State Exceedances (Samples>50 ug/m3) 1 0 0 Source- San Luis Obispo APCD San Luis Obispo County has been identified as a non-attainment area PM,o by the ARB San Luis Obispo County has been designated a non-attainment area for the State 1-hour ozone standard since 1988 However, on December 5, 2003 the ARB proposed re-designating the County as attainment because no ozone violations had been recorded during 2000-2003 and that the County should be treated separately than the rest of the South Central Coast Air Basin due to minimal ozone transport associated with intervening mountain ranges The proposed re- 1400, 3-11 162 CITY OF ATASCADERO INITIAL STUDY designation to attainment was finalized in January 2004 however, for 2007, non-attainment for ozone is proposed due to an ozone violation and will eventually be reviewed and finalized (ARB, 2006) Maximum concentrations of other criteria pollutants are currently within Federal and State standards Air Quality Management The California Clean Air Act (CCAA), adopted in 1988, requires all air pollution control districts and air quality management districts in the state to adopt and enforce regulations to achieve and maintain air quality that is within the State air quality standards San Luis Obispo County was declared a "moderate" nonattainment area for the State ozone standard The County did not meet the December 31, 1997 deadline to attain the State 1-hour ozone standard therefore, should have been reclassified as a serious" nonattainment area However the ARB determined that a change in classification would not result in a more expeditious attainment of the standard The County is also considered a nonattainment area for the State PM10 standard In response to the requirements of the CCAA, the APCD prepared the 1991 Clean Air Plan (CAP) to provide a framework for the attainment of State air quality standards by the earliest practicable date The CAP is a comprehensive planning document intended to facilitate attainment and maintenance of the State ozone standard The 1995 CAP was developed as a comprehensive update to the 1991 CAP and was expected to bring the County into attainment of the State ozone standard by the end of 1997 The 1995 CAP described the pollutants that affect County air quality, the sources of those pollutants, and future year emissions that are anticipated under current growth trends Based on this information, the 1995 CAP also provides a control strategy for reducing emissions of ozone precursors Included in the 1995 CAP are a number of land use and circulation management policies and programs that have already been implemented to reduce vehicular air emissions Additional measures recommended for adoption include trip reduction programs and telecommuting. A second update to the 1991 CAP was developed in 1998, as a continuation of the 1995 CAP and proposes no new control measures for adoption The 1998 CAP was expected to bring the County into attainment with the State 1-hour ozone standard by 2003 The CAP was revised again in 2001 but did not include any new emissions control measures However emissions of ROG and NOx are expected to decline through the year 2015 Due to the lack of recorded violations of the State 1-hour ozone standard San Luis Obispo County was re-designated an attainment area in January 2004 San Luis Obispo County is in attainment of the Federal air quality standards and is not subject to the planning requirements of the Federal Clean Air Act. Thresholds of Significance Significance thresholds have been developed by the San Luis Obispo County APCD and are documented within the CEQA Air Quality Handbook (San Luis Obispo County APCD, 2003) 3-12 163 — y CITY OF ATASCADERO INITIAL STUDY Specifically project emissions are considered potentially significant impacts if any of the following thresholds are exceeded 1 Operational Impacts. Reactive Organic Gases (ROG), NO,, SO2, PM,o 10 lbs/day CO 50 lbs/day The APCD considers impacts significant and requires more stringent environmental review for projects exceeding 25 lbs/day of ROG NO,, S02 and PM,o emissions or 550 lbs/day CO emissions 2 Construction Impacts ROG and NO, 185 lbs/day or 2 5 tons/quarter PM10 2.5 tons/quarter The APCD requires Best Available Control Technology for construction equipment (CBACT) for projects with ROG or NOx emissions between 2 5 and 6 0 tons per quarter and requires CBACT plus further mitigation for projects with emissions exceeding 6 0 tons per quarter 3 Air Quality Standards A project is considered to have a significant impact if its emissions are predicted to cause or contribute to a violation of any ambient air quality standard 4 Consistency- Large projects must be found to be consistent with the District's Clean Air Plan (CAP) The APCD notes that a consistency analysis is required for the following types of projects general plan updates and amendments specific plans, area plans, large residential subdivisions and large commercial/industrial developments The proposed project is not considered a large residential subdivision or large commercial development; therefore a CAP consistency analysis is not required 5 Odors. APCD Rule 402 states A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause, or have a natural tendency to cause, injury or damage to business or property" Violation of Rule 402 is considered a significant impact. Answers to Checklist Questions Question A. The proposed project would not result in an increase in population and would not create substantial operational emissions Although there was one recorded ozone violation recorded at the Atascadero (Lewis Avenue) monitoring station in 2005, the nature of the project does not lend itself to significant operational emissions and thus would not exacerbate the likelihood of , 3-13 164 CITY OF ATASCADERO INITIAL STUDY further exceedances Rather the project would result in a return to City Hall administrative operations prior to the 2003 San Simeon Earthquake It would not conflict with or obstruct implementation of the APCD s CAP Questions B and C Due to the age of the City Hall there is a strong possibility that materials slated for removal and replacement contain asbestos and lead which could potentially become airborne, therefore, mitigation measures addressing the sampling and safe removal and disposal of these materials would be implemented (see Mitigation Measures AQ-1 and AQ-2) The APCD indicates that buildings built before 1984 may contain asbestos-containing building materials San Luis Obispo County was recently designated an attainment area for the State and Federal ozone standards However ozone concentrations in the project area exceeded applicable standards once in 2005 therefore non-attainment is proposed as of 2007 Construction activity would not generate significant amounts of pollutant emissions Although painting activities would result in emissions of ROC and NOx (ozone precursors) significant amounts of paint would not be applied therefore significant levels of emissions would not occur Question D Project-related construction emissions would cause minor increases of existing pollutant concentrations at sensitive receptors in the project vicinity (see Questions B and C) No emissions would be directly generated by project operations Question E. Proposed work will not result in the long-term generation of odors Minor amounts of construction-related emissions may cause a short-term generation of odors, which could be considered objectionable by some employees and visitors at Sunken Gardens However, construction activities would be short-term and odorous emissions would dissipate rapidly in the air with increased distance from the source Unauthorized personnel would not be allowed into construction areas Potential odor impacts are considered less than significant. Mitigation Mitigation Measure AQ-1. Prior to construction, the contractor shall prepare and submit for approval a health and safety plan for addressing asbestos issues If asbestos is present, then the APCD may require preparation of an Asbestos Health and Safety Program and dust mitigation measures under guidance of the National Emission Standards for Hazardous Air Pollutants (NESHAP) The APCD has the local responsibility to regulate material containing more than 1 percent asbestos, therefore the City shall hire a licensed asbestos abatement contractor if asbestos is known to be present. Mitigation measures would include stabilization of debris by wetting and covering with plastic sheeting until they are removed Furthermore, the contractor hired to perform clean-up shall submit an asbestos notification form to the APCD 3-14 165 CITY OF ATASCADERO INITIAL STUDY Mitigation Measure AQ-2 Prior construction, the City shall employ a qualified independent testing lab to conduct field sampling and lab testing of paint for detection of lead This will include removing paint samples from the building and testing for lead content. A report shall be prepared indicating areas of detected lead, and a subsequent Lead Work Plan shall be developed If lead is detected all loose paint and particles that could become airborne shall be scraped from the building within an enclosed area covered with plastic sheeting to prevent lead- containing particles from becoming airborne With incorporation of mitigation any potential lead exposure to the public is considered a less than significant impact. Finding With the incorporation of mitigation the proposed project would result in less than significant impacts to air quality Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3 4 BIOLOGICAL RESOURCES Would the project: a)Have a substantial adverse effect,either directly or through habitat modifications on any species identified as a candidate sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U S Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat El or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected El EJ El wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh,vernal pool coastal etc.)through direct removal filling hydrological interruption, or other means? d) Interfere substantially with the movement of any native ® El resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting F1 F biological resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat 1171 Conservation Plan,Natural Community Conservation Plan or other approved local,regional, or state habitat conservation plan? SOURCES Project Description Project Plans 3-15 166 I i s' CITY OF ATASCADERO INITIAL STUDY Setting The proposed project site is located within the downtown area of the City and is contiguous to urban development to the north south, east, and west. There are no significant native vegetative features on the site as the City Hall grounds have been fully landscaped and planted with non-native evergreen conifers and ornamentals The site is approximately one acre in size and does not support any sensitive biological habitats or sensitive species Four deodar cedar trees and one Italian cypress tree will be removed prior to construction All trees proposed for removal are non-native trees Answers to Checklist Questions Question A. Due to the nature of the site s physical characteristics no sensitive or special-status species would be anticipated to occur on the site Question B No riparian habitats exist on the site Question C No wetland habitats exist on the site Question D• The site is located within an urban environment in the downtown, and is not used as a wildlife corridors or native wildlife nursery site Four deodar cedar trees and one Italian cypress tree which were planted on site approximately 90 years ago will be removed prior to the start construction of the rehabilitation project. Mitigation has been included to prevent interference with any migratory or nesting birds which may be located in the trees Question E. As there are no native trees on the project site the Atascadero Tree Ordinance would not apply and the project would not conflict with the ordinance However any trees that may be removed during construction would be replaced following construction Question F No adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional state habitat conservation plan is applicable for the subject property 3-16 167 CITY OF ATASCADERO INITIAL STUDY Mitigation Mitigation Measure BR-1. Nesting Birds Within one week of ground disturbance or tree removal/trimming activities, if work occurs between March 15 and August 15, nesting bird surveys shall be conducted If construction activities must be conducted during this period nesting bird surveys shall take place within one week of habitat disturbance If surveys do not locate nesting birds, construction activities may be conducted If nesting birds are located no construction activities shall occur within 100 feet of nests until chicks are fledged Construction activities shall observe a 300-foot buffer for active raptor nests Findings With the incorporation of mitigation the proposed project would result in less than significant impacts to biological resources Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3 5 CULTURAL RESOURCES Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to'15064 5? c)Directly or indirectly destroy a unique paleontological ® N"10resource or site or unique geologic feature? d)Disturb any human remains including those interred outside of formal cemeteries? 1-1 SOURCES Project Description, California Cultural and Historical Endowment, Review and Evaluation of Significance of impacts—Repair and Rehabilitation of Atascadero City Hall Robert Bruce Anderson,Thomas Rex Hardy December 2006 Arborist Report and Tree Protection Plan Davey Resource Group May 2010 Introduction The City contracted with Robert Bruce Anderson Urban Conservation & Urban Design and Thomas Rex Hardy AIA, Historical Architect, both of whom meet the professional qualification standards used by the National Park Service and as published in the Code of Federal Regulations, 36 CFR Part 61 to perform identification, evaluation registration, and treatment activities for historical resources, including historic preservation and methods Their services were retained specifically for the purpose of conducting a detailed review and evaluation of the significance of the project's impacts regarding the proposed repair and rehabilitation of the City Hall as identified in the project description and per the requirements of CEQA. Mr Anderson is an urban designer and conservationist who specializes in the interpretation and use of design standards and guidelines with respect to historic properties and cultural landscapes Mr Hardy is a registered architect in the State of California whose practice focuses on the design, materials, and adaptive use of historic structures Mr Anderson and Mr Hardy 3-17 168 ( 1 CITY OF ATASCADERO INITIAL STUDY meet the Secretary of Interior's Professional Qualifications Standards for Historic Architecture Historic Preservation Planning and/or Architectural History per the Code of Federal Regulations 36 CDF Part 61 Mr Robert Bruce Anderson and Thomas Rex Hardy AIA, prepared a report entitled Review and Evaluation of Significance of Impacts— Repair and Rehabilitation of Atascadero City Hall" 2006 to review and evaluate the potential impacts(s) of the proposed project (first phase) on the historical significance of City Hall See Appendix B This review and evaluation was conducted pursuant to Section 15064 5, Article 5, of CEQA Guidelines, 'Determining the Significance of Impacts on Historical and Unique Archaeological Resources and specifically to paragraph (b)(3) of Section 15064 5 'Generally a project that follows The Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating Restoring and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Weeks and Grimmer, 1995), shall be considered as mitigated to a level of less than significant impact on the historical resources Table 3 5-1 outlines the 55 work items that constitute the first phase of the project to repair and rehabilitate the City Hall Setting The City Hall also known by its historic name, Administration Building is an extraordinary civic edifice that was designed by Walter D Bliss of the prominent San Francisco office of Bliss & Faville The general contractor for the building was F G Engstrum The building was erected beginning in 1914, was completed in 1918 and was intended to serve as the administrative, symbolic and architectural centerpiece of the Atascadero Colony a planned community that was envisioned by the publisher and entrepreneur, Edward Gardner Lewis The City Hall is a four-story domed structure, consisting of approximately 58,854 gross square feet of floor area Its architectural style indicates derivation from Italian Renaissance sources, an influence also evident in the architecture of several other Bliss & Faville buildings Below the fourth floor the building's structural systems consist of reinforced concrete floors and columns and unreinforced masonry infill walls Above the fourth floor the structural systems consist of wood floor and roof framing supported on unreinforced masonry bearing walls The building is raised on a podium foundation, and the building's distinctive plan is characterized by the commanding presence of two rotundas, on the first and fourth floors The building's exterior is clad with a textured yellow brick, offset with terra cotta and marble ornament. The domed roof is tile and the lower roofs are composition The eaves on the rile roof are wood Most of the windows are double-hung with wood sash, the noticeable exception being the circular wood-sash windows on the third floor above the entries on Palma and Lewis Avenues Terra cotta is used to frame pedimented entries, and to finish arches, Ionic columns, entablatures and soffits at entries Allegedly all of the bricks used in construction of City Hall were fabricated at a local brick plant located at the base of Pine Mountain, facing the Salinas River and close to where Curbaril Avenue crosses the railroad tracks. 1*42W 3-18 169 " CITY OF ATASCADERO • G'° 0 INITIAL STUDY The interior of City Hall consists primarily of three floors of circular corridors and offices which surround a 40-foot high first floor rotunda and a fourth floor with a meeting room apartment, kitchen and storage rooms which surround a 44-foot high, fourth floor rotunda In contrast to the first three floors the fourth floor lacks a circular corridor The Palma and Lewis Avenue entries feature two-story lobbies The basement contains mechanical equipment rooms service areas and storerooms 14,00, 3-19 170 C) W � c .= m C: .�= CU > L _ C � ~ @ C 0 c co (6 0 C/) fl Q d Q Q Q U J > LO a) > a) >_0 CU _" OL a) Q L ._ -C NNW O_h— � L ._ CL F— L Q f— : C C Q ~ O U@ L p O o 0 L O O o L C C Q z co 0 C C 0 O Y U -- C O Y U -� C@ Y U .� C CU to a) -0 M to N -0 — ca Cn _N '0 C CD N M O Co � cu C Q M V) ca U T — a) C U) O C U) U) -- O C 4) C (0 O to (n C (6 O cn � C O N O to g E U o E U L o 0 E U LID L Co C O a) L C a> a) C6 a) t- C a) a) Co Q) L C a) Q) 'Q. cn Q C U .O N C U to O C L 'O L Q.� p 0 L Q .� a) L Q.� C6 Q C F- (0 L E U) 0 F— m L E U7 � � (6 L E U) U C — co m a> Y m cu Ni cn U C N cn O 4) @ N E a) 5" O m -0 a N Y W L E L •°' m M O En 3 w Q O C O a) m m V U -C O cu O cn E p i U C 7 U a) >."O _ Q = r C CC14 0 L L x a) m p (0 C Er E .N cu a) N N o Q U O in m c E a) � p co cm W Q '> a) Y c O o UO C C @o O N CU N o _0 ) CD ' a) c co-o o z O N Q a) p - C O L m m o C _ cn cn U cu E O O E a �, .o O o to co c o CDU o _0 O o 3 -o N > E '� > m o> > c Q co -a oE c @ E O U ) cnm a) D c o a> a) o x a� o Q.a) ca M 0--0 cn cn Q U a) U W Q-o E m .c Q ` `n a0) co LO Cl) h' 0 C� C� a) a m o _ c eN. 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LO % ® \ � \ £ 2 -,T -co 2 \ 2 2 6 2 \ ° 0 » / ,0 % f =� CO 2 ��y7 a 7 999k � m0ae \ � � �t \ \ g # � \�& / / f CO 3 2 # CO o c / -03 ' io © \ fk § y® c t�o9k ) C3 o 0 _ 0 �� 0 » ®\ 2T 7 :� ^ty CITY OFATASCADERO INITIAL STUDY The first floor or lower rotunda is the defining and most impressive space of the building The dome's coffered ceiling, the fluted Ionic columns that support the dome the molded plaster chandelier suspended from a gilded central medallion and four lunette windows cut into the base of the dome at the third floor are major contributors to this exceptionally grand space The fourth floor or upper rotunda is an octagonal space which features eight square columns and 16 round columns with Corinthian capitals, a mezzanine level with plain railings bays with round and double-hung wood-sash windows, and an octagonal-shaped painted glass laylight that terminates a dome ceiling covered with acoustical tile The second and third floors of offices are accessed from stairs located adjacent to the circular corridors at south and west corners of the building and an elevator located within the two-story lobby at the Lewis Avenue entry The fourth floor is accessible from a second set of stairs, located at northwest and southeast axis points on the circular corridor of the third floor City Hall has experienced numerous alterations to its interior spaces since it first accommodated offices of the Atascadero Colony beginning in 1918 In large measure these alterations are the result of numerous tenants who have occupied the building since its original construction The building's alterations and tenants are chronicled in detail in the 1988 Historic Structures Report prepared for the City of Atascadero by the Office of Alice Carey Architects It is noteworthy that the structures exterior has experienced relatively few alterations the most obvious of which are the following installation of non-historic glazing and doors at the four entries demolition of historic building fabric at the west corner of the building to accommodate installation of a new exit door at grade installation of an accessibility ramp at the Lewis Avenue entry- and demolition of historic building fabric on the third floor of the Palma Avenue facade to accommodate ' installation of four new windows It should be noted that this last intervention on the basis of historic photos, occurred early in the history of this building The site surrounding City Hall includes six large deodar cedar trees and one Italian cypress Based on historic photographic evidence and the size of the trees staff has concluded that these are the remaining trees from a formal landscape which was planted a few years after completion of the original City Hall building The arborist estimates that these trees are about 90 years old The site was originally fully landscaped with lawns shrubbery, trees and fountains Most of the landscape was either previously removed or has not been maintained since the earthquake Demolition and construction of the proposed project will create major impacts to the remaining trees on site, including compaction of the roots, and vertical clearance of the limbs to utilize scaffolding and equipment. Four (4) of the deodar cedar trees and one (1) Italian cypress are proposed to be removed in order to access the building and complete the repairs The two (2) deodar cedar trees in the front of the building on Palma Avenue will be protected during construction in an effort to save the most visible trees on the site New landscape will be installed after completion of the construction Atascadero City Hall was listed in the National Register of Historic Places in 1977 (#77000336) and was registered in 1984 as California Historical Landmark No 958 Zoning of Character-Defining Features 3-34 186 `'�' ' CITY OF ATASCADERO M INITIAL STUDY The project analysis includes a series of zoning diagrams developed to assist the City, other public agencies and the general public in understanding the historical importance of varying spaces and features within the building and its exterior elevations This method provides a common sense approach to repair and rehabilitation work to damaged or previously altered portions of the City Hall and allows the removal of non-historic elements and alterations The zoning diagrams (see Figures 3 5-1 through 3 5-9) are defined in conjunction with the text definitions for each of the following zones Preservation Zone Rehabilitation Zone and Free Zone 3-35 187 December 2006 Project No. 0602-2391 s � N iL 2 c j� 77 _ r i s r. t i t � 3 j^ { _ _ N"wth I r Source Historical Significance Report,Anderson and Hardy 2006 ZONING OF re FEATURES P� re Existing Basement Level Floor Plan asseelistes, inc EMCMMMs.QKC4=wn a ® sMnaoM►aMrM scaMners Atascadero City Hall Repair Project IS/MND FIGURE 3.5-1 188 � � f C/TY OFATASCADERO INITIAL STUDY This Page Intentionally Left Blank 3-37 189 December 2006 Project No 0602-2391 t SktRgmSv ,7 ' c rtarrvs:sau .uae wi2 ORx UP a Y� 4z ;, 9- p,- E7 E Sv 1Ai W21".0, •r d SrdA� � 'sem' •eec„'� ^.<r�a �� � �} �a� _ # !� ' ��`5 '`�'�.E�,z�ss r r: �'�.�. ='i. �i Viz!• ,��,,�""��.�,� _ �.���,ra��`�`^; • & I��r...•,_.,,,,. 7 £r i + .N "' � �,'���y rir,�S,Vkli �"• I`L�,ig�bd...•t�r:�.s-r M k •.4 rr.- - .:do-. Orth rr� .. 5 T•� ,( i S� �n. HIM Source Historical Significance Report,Anderson and Hardy 2006 re Existing First Floor Plan p ZONING OF CHARACTER-DEFINING FEATURES asseeiates, ine. ENGINEERS,GEOLOGISTS i ® EN%nRONENTAL SCIENM'M Atascadero City Hall Repair Project IS/MND FIGURE 3.5-2 190 f CITY OF ATASCADERO INITIAL STUDY m This Page Intentionally Left Blank 3-39 191 December 2006 Project No 0602-2391 I - ,1—' � n*_issyitstifx:�.l L.o:t=. cr _ r � I _- K f � :�� ,®r .. `4'l.'i RSR 7 1. Y MIN f 1 $ .{r F �A ;4 �S 4 �ilPSk'� h : .. ^� ,NoH i Source Historical Significance Report,Anderson and Hardy 2006 a��� ZONING OF CHARACTER-DEFINING FEATURES 'aseecistes, Inc Existing Second Floor Plan ENGINEERS.GEOLOOMM i 19 ENVIRMENTSL SCIENIIM Atascadero City Hall Repair Project IS/MND FIGURE 3.5-3 v 192 CITY OF ATASCADERO INITIAL STUDY This Page Intentionally Left Blank 3-41 193 December 2006 Project No 0602-2391 N10 it b 3� it F, r a, tI{I ;.t�trai',.�^x $ 't gin. 't- r= :•`^. .;;..� w.�.� :�..F' � � 1 7. -R .�� t��y� Ate' � Yx�"1 � �i'•. z Fv J � -•nom.-,, ri:.ym Source.Historical Significance Report,Anderson and Hardy 2006 aC�re ZONING OF CHARACTER-DEFINING FEATURES associates, inc Existing Third Floor Plan ENGINEERS,GEOLOGNCTS i ® ENVMONYERTAL SCIENTWM Atascadero City Hall Repair Project IS/MND FIGURE 3.5-4 194 I CITY OF ATASCADERO INITIAL STUDY This Page Intentionally Left Blank 1#4we Nrr 3-43 195 December 2006 Project No 0602-2391 �rrsena4t:<n rcxne.• r r01 V4,An 'W; Ay.QTu' �F w'C� � '� �•#i4�F�� dry � ��_q.. ?0 41 r. P �g 'q� 1,• i, x 'rk M L � l, r N I . `VC¢Kry .R 2 1 �" { Noiii, Source Historical Significance Report,Anderson and Hardy 2006 re ZONING OF CHARACTER-DEFINING FEATURES associa3es, inc. Existing Fourth Floor Plan ENGINEERS,GEOLMIM i ® ENVIRONNERTAL B=NT15TS Atascadero City Hall Repair Project IS/MND FIGURE 3.5-5 196 CITY OF ATASCADERO INITIAL STUDY This Page Intentionally Left Blank err err 3-45 197 December 2006 Project No 0602-2391 ,_ ' 22 rky NO j p .•�'r�j�v 1� �4sIY.M .r � S:� . }st a yZ: North Source Historical Significance Report,Anderson and Hardy 2006 ZONING OF CHARACTER-DEFINING FEATURES Existing Upper Rotunda Mezzanine Plan pa fates, ine ENGINEERS,GEOLOGISTS i © EWRONLIENTAL SMENT M Atascadero City Hall Repair Project IS/MND FIGURE 3.5-6 198 I � "y CITY OF ATASCADERO INITIAL STUDY This Page Intentionally Left Blank 3-47 199 December 2006 Project No 0602-2391 I� R. AV xt , } fi a iso . e I �4' �3.�s•"s�„�a�.�r+a.�auar.�-�w�u. ��x- _ _. �tsrCZtsrrt: f 4 s%-, a. � 1t 3 L' t6 a ,W 4,P116111 AFM�W v$fk[ e xi L as 4 F r, all 31110 w: �a gs x1 aN.., L.. k -th [ , rt: tir to i F Source:Historical Significance Report,Anderson and Hardy 2006 ■� ZONING OF CHARACTER-DEFINING FEATURES ■ e Existing Roof Plan associstes, Inc. ENOINEENS,GEOLOGMT8 i ® ENYIROMANTAL MENTWM Atascadero City Hall Repair Project IS/MND FIGURE 3.5-7 200 *11r- CITY OF ATASCADERO INITIAL STUDY �� This Page Intentionally Left Blank err 3-49 201 December 2006 Project No 0602-2391 ti jj a -y v t � i T'i'Vq tro w I tet, u � 2KrFyI z. F I I #3 P. i 11 i r7a r R-c MU Source:Historical Significance Report,Anderson and Hardy 2006 INING FEATURES p ZONING OF CHARACTER-DEFINING Existing Section A associstos, inc. -EN43MEEi1S,GEOLOOBTB a ® EM/IRD 77AL SOBNT ' Atascadero City Hall Repair Project IS/MND FIGURE 3 5-8 ti 202 l CITY OF ATASCADERO + INITIAL STUDY This Page Intentionally Left Blank 3-51 203 December 2006 Project No 0602-2391 yi i it Y 7 _J r— f C` r / T . s' Kt A ! til n n5" # e 110 r \'�, ��• - _.—_yam aa.,m. J ,....._. .,� e .' �..'� { F L R d C i IM�r,W-M' 4 `r ! i i —J Source:Historical Significance Report,Anderson and Hardy 2006 padre ZONING OF CHARACTER-DEFINING FEATURES associates, ine Existing Section B ENGINEERS,GEOLOGISTS L -� ENVIRONMENTAL SGENtWn Atascadero City Hall Repair Project IS/MND FIGURE 3.5-9 NMO 204 CITY OF ATASCADERO INITIAL STUDY err This Page Intentionally Left Blank twe 3-53 205 CITY OFATASCADERO INITIAL STUDY Zoning of character-defining features of Atascadero's City Hall can be an instructive tool to assist in the review and evaluation of significance of impacts of the project's first phase work items It also can serve as a valuable tool in the formulation of design and program decisions yet to be made for the anticipated second and third phases of the project to repair and rehabilitate City Hall Additionally with the use of diagrams, zoning can present interested parties with a visual appreciation of a historic structure's character-defining spaces and elevations Preservation Zone Character-defining features included in this category or zone are those that are to be PRESERVED and/or RESTORED These features are of primary importance to sustain the historic integrity of the property and thus should be appropriately repaired maintained or reconstructed to match their original appearance and/or configuration This zone also may include features that are not considered to be of primary importance and as such do not warrant preservation or restoration Particular care must be exercised when dealing with features within this category For illustrative purposes, character-defining features included in this category are zoned in RED in the illustrated plans and sections (Figures 3 5-1 through 3 5- 9) (NB As all of City Hall's exterior elevations are of primary importance and therefore fall entirely within this zone zoning of the structure's exterior elevations is not illustrated in the diagrams that follow ) Guideline for project actions contemplated within this category "Stop Be very careful before proceeding" Rehabilitation Zone Character-defining features included in this category or zone are those that could be REHABILITATED These features are of secondary architectural or historical significance but nonetheless possess qualities or character that relate them to features of primary importance Alteration of features in this category can be accommodated so long as the qualities or character that relate these features to features of primary importance are preserved, and the new work is visual]y compatible with features of primary importance The character-defining features included in this category are zoned in YELLOW in the illustrated plans and sections Guideline for project actions contemplated within this category, "Slow down and only proceed with caution" Free Zone Character-defining features included in this category or zone are those that are eligible for major RE-DESIGN or REMOVAL. These features may be viewed as being essential for use and enjoyment of the property; however such features do not contribute to the property's historical significance or integrity The size, placement and use of materials of these features can negatively affect or impact features of primary or secondary importance Accordingly while major alteration, re-design or removal of features within this zone is not of particular concern care still must be exercised that such changes do not compromise or diminish the integrity of features of primary or secondary importance The character-defining features included in this 3-54 206 CITY OF ATASCADERO INITIAL STUDY category are zoned in GREEN in the illustrated plans and sections Guideline for project actions contemplated within this category "You are free to proceed" Thresholds of Significance Based on the mandatory findings of significance criteria at Section 15065 and Appendix G of the State CEQA Guidelines (Governor's Office of Planning and Research, 1999), an impact would be significant if any of the following conditions or potential thereof would result with implementation of the Proposed Project: 1 Cause a substantial adverse change in the significance of a historical resource as defined in Section 15065 5 2 Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064 5, or 3 Disturb any human remains, including those interred outside of formal cemeteries Section 15064 5 defines a significant adverse effect to include any activity that would (1) Create a substantially adverse change in the significance of a historical resource including physical demolition destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired and/or (2) alter or materially impair the significance of a historical resource Section 15064 5 of the CEQA Guidelines defines significant historic resources to include A resource listed in or determined eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub Res Code SS5024 1, Title 14 CCR Section 4850 et seq ) A resource included in a local register of historical resources, as defined in section 5020 1(k) of the Public Resources Code or identified as significant in a historical resource survey meeting the requirements section 5024 1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering scientific economic, agricultural, educational, social political, military, or cultural annals of California may be considered to be a historical resource provided the lead agency's determination is supported by substantial evidence in light of the whole record including the following (A) Is associated with events that have made a significant contribution to the broad patterns of California s history and cultural heritage, (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values, or (D) Has yielded, or may be likely to yield, information important in prehistory or history 3-55 207 CITY OF ATASCADERO INITIAL STUDY The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020 1(k) of the Public Resources Code), or identified in a historical resources survey (meeting the criteria in section 5024 1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be a historical resource as defined in Public Resources Code sections 5020 10) or 5024 1 Section 15064 5 of CEQA defines material alteration of a significant resource to include any activity that: Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in or eligibility for inclusion in the California Register of Historical Resources or Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020 1(k) of the Public Resources Code or its identification in a historical resources survey meeting the requirements of section 5024 1(g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA. Section 7050 5 of the Health and Safety Code states that in the event human remains are discovered during excavation work must stop immediately and the County Coroner must be contacted Section 5097 94 and 5097 98 of the Public Resources Code require consultation with the Native American Heritage Commission protection of Native American remains and notification of most likely descendants. SB 447 (Chapter 404 Statutes of 1987) also protects Native American remains or associated grave goods Section 15064 5 of the CEQA Guidelines defines significant historic resources to include A resource listed in or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub Res Code SS5024 1 Title CCR. Section 4850 et seq ) Mr Anderson and Mr Hardy reviewed and evaluated the project's potential impact of the 55 specific work items listed in Section 2 5 based on • Site visits to observe and record existing conditions of character-defining features • Review of existing reports, documents and drawings as specifically relevant to repair and rehabilitation of the historic City Hall structure 3-56 208 *Jw CITY OFATASCADERO INITIAL STUDY • Meetings with City staff, the project architect (Ms Stephanie Kingsworth, AIA, of rw Pfeiffer Partners) and past president of the Atascadero Historical Society (Mr Lon Allen) to obtain additional information and clarification regarding • The nature and extent of certain work items • Simplification of as-built drawings to serve as plan and section drawings for use in this report; • "Zoning" of the historic structure's character-defining features, as defined and illustrated in plans and sections • Construction of a matrix that summarizes information for each of the 55 project's first phase work items including location by zone reference to Pfeiffer Partners documents nature and extent of procedure and impact(s) and, • A more detailed description and evaluation of potential impact of certain work items Answers to Checklist Answers Question A. Mr Anderson and Mr Hardy's report (Appendix C) concluded that the impacts to historic resources from carrying out the 55 work items that constitute the first phase of the project to repair and rehabilitate the City Hall are • 24 scope items are unlikely to have any appreciate impact because these items involve actions and procedures that are designed to clean, patch, repair or restore material, finishes or other features of the building s historic fabric; • 13 scope items are unlikely to have any appreciate impact because these items involve system upgrade and repair actions and procedures that are designed to address deferred maintenance of the buildings infrastructure, • 5 scope items are unlikely to have any appreciate impact because these items involve repair actions and procedures that are designed to restore the appearance and/or provide weather protection of original paint coatings, • 5 scope items are likely to have an impact ranging from neutral to positive because these items involve actions and procedures that are designed to either restore original design and character-defining features of the lower and upper rotundas or to enhance appreciation of the two rotundas, • 2 scope items are likely to have an impact ranging from neutral to positive because these items involve collateral actions and procedures to strengthen bracing of the 3-57 209 CITY OF ATASCADERO >� INITIAL STUDY parapet walls remove non-historic CMU infill in parapet balustrade and install new terra cotta balusters in parapet; • 1 scope item is likely to have an impact ranging from neutral to positive because this item involves an action and procedure to restore the visual effect of skylight openings above two main staircases • 1 scope item is likely to have an impact ranging from neutral to positive because this item involves actions and procedures to remove the building's non-historic aluminum entry doors and transoms and replace them with installation of new Hope's steel doors and transoms that are configured and fabricated to match historic sizes and patterns • 1 scope item is likely to have an impact ranging from non-existent to neutral because the item may involve collateral actions and procedures to install below-grade waterproofing membrane to foundation walls contingent upon approval to re-level the building in a subsequent phase(s) of the project; and • 1 scope item is likely to have an impact ranging from non-existent to neutral because the item may involve collateral actions and procedures to demolish historic fabric, reconfigure exterior masonry and install new life-safety exit door to match the existing life-safety exit door alteration at opposite corner of the building with the existing life- safety door to be replaced to match the new life-safety exit door This scope item is contingent upon program decisions and occupancy loads not yet determined and in turn, decisions by the fire marshal regarding necessary and appropriate life-safety measures for public assembly and use of City Hall In summary, the 55 work items of the first phase of the project to repair and rehabilitate the historically significant City Hall are consist with and in general conform to applicable policies and procedures of The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings Therefore, and pursuant to Section 15064 5 (b) (3) of Article 5 of CEQA Guidelines the first phase would result in a level of less than significant impact on the character-defining features and historic integrity of City Hall The 2006 MND for the City Hall reconstruction identified all existing trees on the site to remain As part of the deconstruction permit process staff requested the City Arborist, Davey Resource Group prepare a tree protection plan for City Hall that would preserve the seven trees consistent with the original 2006 MND The arborist estimates that these trees are about 90 years old Deodar Cedars typically have a life span around 130 years if well maintained, and are therefore toward the end of there lifespan. The arborist found that the trees on site were in fair to poor condition The trees have not been maintained over the years resulting in large limb failures Most of the tree have co-dominant or poor structure and some are beginning to thin The Italian Cypress is also in poor condition, and likely at the end of its life span All of these large mature trees are located in close proximity to the City Hall building 3-58 210 I I *16 CITY OF ATASCADERO INITIAL STUDY During the course of the project planning, it has become apparent that the necessary work cannot be safely performed without clear access to specific areas of the site The work pian calls for excavation of the perimeter of the building foundation and free standing scaffoldings on the exterior in addition to use of large, heavy equipment throughout the site A 20 foot clear area around the building is required In order to accomplish this, significant pruning of the trees would be required and much of the critical root zone would be disturbed and compacted over the two to three year construction period The limbs of the trees would need to be raised and cut back away from the building causing irreversible damage As a result, there is a high probability that the trees would not survive the construction process despite the City s best efforts for protection The project contractor has concerns about the working around any trees on the site including • Stability and maintenance of root protection drive path tree protection matting • Constraints on perimeter foundation excavations and stockpiles • Safety of crews and equipment working on root protection matting areas • Increased costs of avoiding pruning and working around trees • Trees will be heavily impacted and damaged during construction requiring removal later In order to accommodate the repair work, staff has reviewed the possibility of removing certain trees around City Hall Neither the Deodar Cedar or the Italian Cypress are native trees that are protected by the City's Tree Protection Ordinance However, the trees are part of the historic setting of the Atascadero City Hall and therefore covered under the National Register of Historic Places designation Based on historic photographic evidence and the size of the trees staff has concluded that all of these trees were probably planted within the first ten years of the completion of City Hall Originally, there were eight deodar cedar trees and many Italian cypress trees surrounding the building Many of the original trees have been removed, and those that remain have not been maintained or properly pruned over the years The two deodar cedars on East Mall and the Italian cypress have limited off-site visibility and tend to block view of City Hall rather than enhance views of City Hall Staff believes these trees have limited value as character-defining features of the site Therefore, the two deodar cedar trees on East Mall, the two on Lewis Ave, and the Italian cypress will be removed for construction The two deodar cedar trees located next to the Sunken Gardens off Palma are considered to have the most charter defining significance, and therefore, these trees will be protected during construction Removal of the trees on Lewis and East Mall will provide adequate room to complete the construction work while decreasing the impact on the trees on Palma All efforts shall be made to save the two remaining trees on Palma Tree protection will be installed in an attempt to protect these trees during construction Equipment shall not be used in the critical root zone and matting shall be used to protect the roots All tree removals shall be mitigated through replanting on site As most of these trees are not in good condition and are already beginning to fail, replacing them with new healthy landscape will ensure that the landscape is in good condition and continues to enhance the historic site Question B The project is not expected to disturb archaeological resources 3-59 211 CITY OF ATASCADERO INITIAL STUDY Question C Although no paleontological surveys have been done the project site has been previously disturbed, and therefore the likelihood of encountering such resources would be minimal Question D The project is not expected to disturb any known human remains, including those interred outside of a formal cemetery Mitigation Mitigation Measure CR-1. The two deodar cedar trees on Palma Ave shall be protected during construction All reasonable efforts to save these trees shall be made A tree protection plan shall be prepared by a certified arborist and all required protection measures will be installed and maintained throughout construction Findings With the incorporation of mitigation the proposed project would result in less than significant impacts to cultural resources Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3 6. GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects including the risk of loss injury or death F] VIIJ involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? ❑ ® ❑ ❑ iii)Seismic-related ground failure,including liquefaction? iv) Landslides? F El b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable or that would become unstable as a result of the project, and potentially result in on-or off-site landslide lateral spreading subsidence liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B 3-60 212 CITY OF ATASCADERO INITIAL STUDY of the Uniform Building Code(1994) creating substantial ® ❑ risks to life or property? e)Have soils incapable of adequately supporting the use of1:1 EJ tanks or alternative wastewater disposal systems El where sewers are not available for the disposal of wastewater? SOURCES. Project Description Planning Staff Site Visit, Land Use Element EIR, West Front Villages IS/MND (City of Atascadero) Soils Engineering Report(Earth Systems Pacific 2004) Setting The site lies within the southern part of the Salinas River Valley, east of the Santa Lucia Mountain Range The Salinas River is approximately a mile and quarter east of the site The trend of the Salinas River is to the northwest and is predominately controlled by the regional northwest trending Rinconada and San Andreas Fault zones The Rinconada and San Andreas faults are active northwest trending faults that lie within the general region of the site These faults are situated east of the site The Geologic Map of the Santa Margarita area by Hart (1976) indicates that sedimentary rock units younger alluvium and older alluvium underlie the site The rock units generally consist of sandstone and shale of the Santa Margarita formation and cherty shale of the Monterey formation Except for the northern part of the site, the hillsides are capped by older alluvium The older alluvium was probably deposited thousands of years ago by Paloma Creek when the elevation of the creek was much higher The northernmost hillside is capped with a thin layer of ate,,, topsoil overlying shale of the Santa Margarita formation Younger alluvium lies within the drainage valleys Faulting The site is situated among four active faults The Hosgri-San Simeon, the San Andreas the Los Osos and the Rinconada Rinconada Fault. The Rinconada Fault is the closest mapped active fault to the site, being approximately 2 miles to the northeast. Vertical displacements across the fault apparently were dominant in the Paleocene and Oligocene however, the fault has accommodated approximately 11 miles of right-lateral offset from the Miocene to the present (Dibblee 1976) Dibblee Jr has indicated that the youngest unit or formation offset by the fault system is the Pliocene- Pleistocene Paso Robles formation and that the fault system probably has not offset older alluvium which is estimated to be 50,000 to 500 000 years old Major displacement of the Plio- Pleistocene Paso Robles formation, offset drainages, strong geomorphic expression, and apparent displacements of older alluvium further indicated a late Pleistocene and possible Holocene age for the most recent activity of the Fault (Dibblee, 1976, Hart, 1976) However, the age of the most recent displacement on the Rinconada fault is not known, and further extensive investigation would be required to determine its activity Although no ground rupture has been mapped in Holocene time on the Rinconada fault, there have been small to moderate earthquakes (<5 9 magnitude) that have been recorded in the vicinity of the fault during the last 200 years, indicating that the fault is active It is possible that the shock waves produced by 3-61 213 * CITY OF ATASCADERO INITIAL STUDY these earthquakes did not have enough energy to break the ground surface or cause any ground surface displacement. Los Osos Fault. The Los Fault, located southwest, is considered to be a west-northwest- trending reverse fault on the south side of the Los Osos Valley The Los Osos fault is divided into four segments The most westerly segment of the fault is the Estero Bay segment, which lies mostly offshore The Irish Hills segment starts in the vicinity of Los Osos and extends to just past San Luis Obispo Creek. A two-mile length of this segment west of Laguna Lake is considered to be active (Treiman, 1989) and is designated as an Earthquake Fault Zone (Hard 1997 revised) The other two segments of the Los Osos fault are the Lopez Reservoir segment and the Newsome Ridge segment, located southeast of the Irish Hill segment. The Los Osos fault is capable of generating a maximum moment earthquake of magnitude 6 8 the recurrence interval for an earthquake of this magnitude is approximately 1,925 years (Peterson and et. al 1996) Hosgri-San Simeon Fault. The Hosgri-San Simeon fault is also an active fault within a relatively close proximity to the site it is located west of the site This fault system extends from San Simeon to an ocean shelf 2 miles west of Point Buchon, and then trends toward the Point Sal area The fault is a northwest trending strike slip fault. It is considered active by the U S Geological Survey based on Hall s claims of recent offset terrace deposits along San Simeon Cove and also by a relocation of the 1927 'Lompoc earthquake onto the southern end of the fault (Hall, 1976, 1977) In addition, PG&E suggested that the Hosgri segment of the fault is active after reviewing seismic reflection survey data (PG&E, 1988) San Andreas Fault. The 1857 fault segment of the active San Andreas fault is located northeast Iwo, of the site The last major quake on the 1857 fault segment was the 1857 earthquake that had a magnitude of 7 8 The 1857 fault rupture included the Parkfield, Cholame Carrizo, and Mojave fault segments Geotechnical Investigation A Soils Engineering Report for the City Hall Repair and Rehabilitation Project was prepared by Earth Systems Pacific in 2004 The report addressed and analyzed subsurface soil conditions including a general soil profile, a first floor level survey and a seismic analysis The general soil profile is that of medium stiff to stiff sandy silt and sandy lean clay Subsurface water was encountered at depths of 23 to 28 feet. Liquefaction and dynamic settlement analysis is addressed in Questions A-D The results of the first floor level survey indicate that the western portion of the building has settled approximately seven inches as a result of the earthquake A number of geotechnical recommendations were identified to protect from further settlement and have been incorporated into Mitigation Measure GEO-1 3-62 214 CITY OF ATASCADERO INITIAL STUDY Answers to Checklist Questions Question A-D The project is located near the Rinconada fault zone (Seismic Zone 4) The Rinconada fault is a `type B fault, which refers to a 6 5 to 7 0 magnitude earthquake and a slip rate between 2 to 5 mm/year Other active faults in the area, primarily the San Andreas Fault, may result in significant seismic events during the life of the proposed structure The property contains no unusual geological formations Although the City Hall building was significantly damaged during the earthquake no incidence of surface liquefaction was recorded at the site However using the analytical method by Youd and Idriss (2001), Earth Systems Pacific the geotechnical consultant for the project, concluded that liquefaction could occur from the groundwater level to a depth of about 50 feet and potentially create four to six inches of dynamic settlement. A variety of detailed recommendations pertaining to this geologic hazard and other seismic analysis are included as Appendix C As the topography of the site is level, landsliding is not considered a significant geologic hazard Expansive soils were noted as being a significant hazard by the geotechnical report. Question E The project will not require a septic system Mitigation Mitigation Measure GEO-1 The City shall implement the preliminary geotechnical recommendations contained in the Soils Engineering Report (Appendix C) and/or measures identified through subsequent engineering design to minimize impacts to geology and soils Finding With incorporation of mitigation, impacts would be less than significant. Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3 7 Hazards and Hazardous Materials--Would the project: a)Create a significant hazard to the public or the ® ❑ environment through the routine transport, use or disposal of hazardous materials? b)Create a significant hazard to the public or the ® ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? �lr►o 3-63 215 CITY OF ATASCADERO INITIAL STUDY c) Emit hazardous emissions or handle hazardous or acutely hazardous material substances or waste within one-quarter1-1 El El ' mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government El Code Section 65962 5 and as a result,would it create a significant hazard to the public or environment? e)For a project located within in an airport land use plan area or where such a plan has not been adopted within two El El 1:1 miles of a public airport or public use airport,would the project result in a safety hazard for people living or working in the project area? f)For a project located within the vicinity of a private airstrip would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation F-1 LLJ plan? h)Expose people or structures to a significant risk of loss injury or death involving wildland fires, including where El El El Z wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES Project description General Plan Land Use Element; Site Visit Environmental Setting Atascadero Junior High School is located directly adjacent to the project site to the north, on the north side of Lewis Avenue Answers to Checklist Questions Question A-B During implementation of specific items of work delineated as part of the proposed project, minor amounts of hazardous materials such as fuels, oils and solvents may be used Releases of these materials could potentially occur, but would be small in scale and quickly cleaned up No significant disturbance of soils would occur Due to the age of the City Hall there is a strong possibility that materials slated for removal and replacement contain asbestos and lead which could potentially become airborne, therefore, mitigation measures addressing the sampling and safe removal and disposal of these materials would be implemented (see Mitigation Measures AQ-1 and AQ-2) The APCD indicates that buildings built before 1984 may contain asbestos-containing building materials therefore, the health and safety of workers and nearby residents must be addressed The mitigation measures referenced above contain hazardous material release prevention and remediation objectives that shall be implemented as part of the proposed project. 3-64 216 CITY OF ATASCADERO INITIAL STUDY Question C '*AW The project site is located adjacent to an existing school (Atascadero Junior High School) Hazardous emissions or acutely hazardous materials or wastes would potentially be encountered in the project (asbestos and lead), however the potential for emissions or releases would be mitigated by Mitigation Measure AQ-1 and AQ-2 Use of hazardous materials or disposal of hazardous wastes would be limited to short-term construction activity only Operation of the City Hall upon project completion would not create any risks associated with hazards or hazardous materials Question D The project is not listed on the State Hazardous Waste and Substance Site list. Question E-F The property is not near an airport. Question G-H The site is within the Fire Departments seven-minute response area Mitigation Mitigation Measure HAZ-1. Implement Mitigation Measures AQ-1 and AQ-2 Finding With the incorporation of mitigation, the proposed project would result in less than significant impacts to hazards and hazardous materials Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3.8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge requirements? b)Substantially deplete groundwater supplies or interfere 1171 substantially with groundwater recharge such that there El 11 lz�ll 11 would be a net deficit in aquifer volume or a lowering of the focal groundwater table level(e.g the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? 3-65 217 CITY OF ATASCADERO A INITIAL STUDY Less Than Potentially Significant Less Than No 'tl Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation c) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? El 1:1 i) Expose people or structures to a significant risk of loss, injury or death involving flooding including flooding as a result of the failure of a levee or dam? j) Inundation by seiche tsunami, or mudflow? a Z SOURCES Project description, Flood Insurance Rate Map 060700 0003 B (1/20/82) Site Visit. Setting Natural drainage courses within the City include Atascadero Graves and Paloma Creeks and the Salinas River Water quality in the creeks and groundwater basin is affected by surface drainage and pollution Construction in the areas that directly or indirectly drain to waterways results in disturbance of surface soils, which can be washed into area waterways This can adversely affect turbidity temperature, oxygen levels, and other important water quality indicators Increased development also increases the amount of impermeable surfaces potentially increasing runoff and decreasing groundwater recharge Atascadero Creek is in close proximity to the project site approximately 200 feet away No drainages or waterways exist on the project site Groundwater Currently the City derives all of its domestic water from groundwater resources Supply All properties within the City are entitled to water from the Atascadero Mutual Water Company (AMWC) AMWC obtains groundwater from a combination of shallow and deep wells 3-66 218 CITY OF ATASCADERO INITIAL STUDY that tap into the Paso Robles Formation which extends from Atascadero northward to the county line and eastward toward Shandon Drainage/Flooding Problems Portions of the City and outlying areas are within the 100-year flood hazard, as defined by local Flood Insurance Rate Maps The flood hazard area associated with the Salinas River extends to the east side of Hidalgo Avenue Sycamore Road, and Capistrano Avenue, as well as a segment of Curbaril Avenue The flood hazard area associated with Atascadero Creek is generally limited to its channel and immediately adjacent properties, except where the creek crosses Highway 101 Flooding along Paloma and Graves Creek is generally contained to areas within and immediately adjacent to the channels Answers to Checklist Questions Question A. Implementation of the proposed repair and rehabilitation project would not significantly affect water quality standards or waste discharge requirements The proposed project would be implemented in an urban area and would not result in any substantial changes to existing drainage patterns or measurable changes in the rate and amount of surface runoff Furthermore no substantial amounts of exposed soils or other hazardous construction materials or wastes would be used during construction activity Operation of the repaired City Hall, would return the pre-project conditions and would not result in violations of water quality standards or wr waste discharge requirements Consequently water quality impacts are considered to be less than significant. Questions B and F Neither construction activities nor City Hall operational activities would substantially deplete water supplies or affect nearby wells Groundwater quantity and quality impacts are considered to be less than significant. Questions C, D, and E The proposed project would not substantially alter existing drainage patterns on the site or the surrounding area and would continue to use the stormwater drainage system developed for the surrounding streets Consequently, the project would not significantly change absorption rates, drainage patterns, or the rate and amount of surface runoff during project construction or operations Questions G-J The project would not place housing within a 100-year flood hazard area No new structures would be built that would impede or redirect flood flows The project would not expose persons to flooding risks. Consequently, flooding impacts are considered to be less than significant. The project site is not subject to inundation by a seiche, tsunami or mudflow 3-67 219 CITY OF ATASCADERO INITIAL STUDY Finding The proposed project would have a less than significant impact on hydrology/water quality; therefore, no mitigation is required Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3 9 LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan policy or El 0 regulation of an agency with jurisdiction over the project (including but not limited to the general plan specific plan local coastal program or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ natural community conservation plan? SOURCES Land Use Element, Circulation Element, Project Description, Setting U S Highway 101 provides the primary access to the City from points north and south Highway 41 provides access east and west to the foothills and the coast, respectively According to the 2000 U S census data the current population is 26 411 making it the second most populous city in the County The population is concentrated within the urban areas outlying areas are more sparsely populated According to the City's General Plan this site is currently designated Downtown (D) The site is zoned Downtown Commercial (DC) Answers to Checklist Questions Question A. Implementation of the proposed project will not physically divide an established community The civic land use in the proposed location is consistent and compatible with adjacent commercial and residential land uses Question B Because the project involves restoration of the existing City Hall, there would be no conflicts with applicable land use plans policies, or ordinances No major modifications to the building would be made that would create inconsistencies, pertaining to size or character with applicable rules and regulations contained in the City's General Plan and Zoning Code 3-68 220 ^ CITY OF ATASCADERO *� INITIAL STUDY Question C The project will not conflict with any habitat conservation plan or natural community conservation plan Finding The proposed project would not result in impacts to land use Less Than Potentially Significant Less Than No Significant with Significant Initial Study 2006-0038 Impact Mitigation Impact Impact City Hall Repair and Rehabilitation Project Incorporation 3 10. MINERAL RESOURCES--Would the project: a)Result in the loss of availability of a known mineral F] resource that would be of value to the region and the residents of the state? b)Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general El plan,specific plan or other land use plan? SOURCES Project Description, site visit. Setting The project site is not located in an area of mineral resource development. Answers to Checklist Questions Questions A and B No mining is proposed as a part of this project. No known mineral resources have been identified in the area, therefore, there will be no impacts to mineral resources Finding There would be no impacts to mineral resources 3-69 221 CITY OF ATASCADERO INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3 11 NOISE--Would the project result in. a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b)Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient 1771 noise levels in the project vicinity above levels existing without the project? e)For a project located within an airport land use plan or where such a plan has not been adopted within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip would 171 the project expose people living or working in the project area to excessive noise levels? SOURCES Project description, Noise Element, Noise Ordinance Setting General Information on Noise Noise is generally defined as unwanted or objectionable sound Decibels and other technical terms are defined in Table 3 11-1 Noise levels are measured on a logarithmic scale because of physical characteristics of sound transmission and reception Noise energy is typically reported in units of decibels (dB) Noise levels diminish (or attenuate) as distance to the source increases according to the inverse square rule, but the rate constant varies with type of sound source Sound attenuation from point sources, such as industrial facilities, is about 6 dB per doubling of distance Heavily traveled roads with few gaps in traffic behave as continuous line sources and attenuate at 3 dB per doubling of distance Noise from more lightly traveled roads is attenuated at 4 5 dB per doubling of distance —r+' 3-70 222 CITY OFATASCADERO INITIAL STUDY Table 3 11-1 Definitions of Acoustical Terms 341 Term � eftmrt�ons t Decibel, DB A unit describing the amplitude of sound equal to 20 times the logarithm to the base 10 of the ratio of the sample sound pressure to the standard sound pressure which is 20 micropascals(20 micronewtons per square meter) Frequency Hz The number of complete pressure fluctuations per second above and below atmospheric pressure A-Weighted Sound Level The sound pressure level in decibels as measured on a sound level meter dB using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. All sound levels in this reports are A-weighted Equivalent Noise Level Lev The average A-weighted noise level during the measurement period Community Noise The average A-weighted noise level during a 24-hour day obtained after Equivalent Level CNEL addition of 5 decibels in the evening from 7.00 P.M to 1000 P M. and after addition of 10 decibels to sound levels in the night between 10.00 P M and 7.00 A.M. Day/Night Noise Level Ld„ The average A-weighted noise level during a 24-hour day obtained after addition of 10 decibels to levels measured in the night between 1000 P M. and 7.00 A.M. Ambient Noise Level The composite of noise from all sources near and far The normal or existing level of environmental noise at a given location Intrusive That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude duration, frequency time of occurrence tonal or information content, as well as the prevailing ambient noise level Community noise levels are measured in terms of the A-weighted decibel (dBA) A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear Equivalent noise level (Leq) is the average noise level on an energy basis for a specific time period The duration of noise and the time of day at which it occurs are important factors in determining the impact on communities Noise is more disturbing at night and noise indices have been developed to account for the time of day and duration of noise generation The Community Noise Equivalent (CNEL) and Day Night Average Level (DNL or Ldp) are such indices These indices are time-weighted average values equal to the amount of acoustic energy equivalent to a time-varying sound over a 24-hour period The CNEL index penalizes night-time noise (10 p m to 7 a.m ) by adding 5 dB to account for increased sensitivity of the community after dark. The Ldp index penalizes night-time noise the same as the CNEL index, but does not penalize evening noise Effects of Noise People are subject to a multitude of sounds in the environment. Excessive noise cannot only be undesirable but may also cause physical and/or psychological damage The amount of annoyance or damage caused by noise is dependent primarily upon three 3-71 223 CITYOFATASCADERO INITIAL STUDY factors the amount and nature of the noise the amount of ambient noise present before the intruding noise, and the activity of the person working or living in the noise source area The difficulty in relating noise exposure to public health and welfare is one of the major obstacles in determining appropriate maximum noise levels Although there has been some dispute in the scientific community regarding the detrimental effects of noise a number of general conclusions have been reached • Noise of sufficient intensity can cause irreversible hearing damage • Noise can produce physiological changes in humans and animals • Noise can interfere with speech and other communication, and • Noise can be a major source of annoyance by disturbing sleep, rest, and relaxation Existing Noise Environment All streets surrounding the project site are two-lane with slow traffic speeds With the exception of some occasional commercial light-truck traffic, no significant mobile noise sources are present in the vicinity Sensitive noise-receptors exist on all sides of the project site They include some residences small commercial businesses, Sunken Gardens, and Atascadero Junior High School The California Department of Transportation (Caltrans) Technical Noise Supplement provides some general guidelines for determining community noise impacts • A three-dB change is barely perceptible and is the minimum most people will notice in most environments • A five-dB change is a readily perceptible increase per decrease in sound level, and • A ten-dB increase in sound level is perceived as an approximate doubling of the loudness of the sound and represents a substantial change in loudness Answers to Checklist Questions Questions A-C The primary source of noise affecting noise-sensitive receptors in the project vicinity would be from construction activity These impacts would be temporary in nature and limited to daytime hours Once repair activities have been completed, the noise environment would return to existing levels As such, impacts to noise levels in the project vicinity would be less than significant. 3-72 224 i . CITY OF ATASCADERO INITIAL STUDY Question D Construction of the proposed project could result in short-term noise impacts to nearby residences persons at Sunken Gardens, and students at Atascadero Junior High School Questions E-F The project is not located within an airport land use plan or private airstrip Mitigation Mitigation Measure NOI-1 All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors such as the Atascadero Junior High School Finding With the incorporation of mitigation the proposed project would result in less than significant impacts to noise Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-003$ Impact Mitigation Impact p err` City Hall Repair and Rehabilitation Project Incorporation 3 12. POPULATION AND HOUSING--Would the project: a) Induce substantial population growth in an area,either directly(for example by proposing new homes and businesses)or indirectly(for example through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? SOURCES Project description, General Plan Land Use Element. Setting The population of Atascadero grew 14 1% during the 1990s, with the majority of that increase occurring in the second half of the decade The City is expected to continue to grow at roughly the same rate until at least 2010 3-73 225 CI TY OF ATASCADERO INITIAL STUDY Answers to Checklist Questions Questions A-C The land use of the site is designated Downtown (D) according to the City's General Plan The project would not result in the construction of new homes or businesses nor does it propose to add additional infrastructure to the City No displacement of existing housing or residents would occur with implementation of the project. Finding The proposed project would not result in impacts to Population/Housing therefore, no mitigation is required Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact p City Hall Repair and Rehabilitation Project Incorporation 3.13. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios response times or other performance objectives for any of the public services Fire protection? El El ❑ Police protection? ❑ ❑ ❑ Schools? 0 El Parks? ❑ ❑ ❑ Other public facilities? ❑ SOURCES Project description Land Use Element EIR. Setting The City provides police protection fire protection and numerous other general government functions Schools are operated by the Atascadero Unified School District. 3-74 226 I " ~ CITY OF ATASCADERO INITIAL STUDY Fire Protection The City of Atascadero Fire Department operates two fire stations located at 6005 Lewis Avenue and 9801 West Front Road The fire department staffs 17 full-time and 24 reserve staff, who provide structural and wildland fire protection emergency medical service and fire prevention to the public. The fire department currently has a reflex (or response) time of six minutes over 60% of the City, and eight minutes over 82% of the City The fire department's goal is to have a six- minute reflex time over 90% of the City, and an eight-minute reflex time over 95% of the City for fire response and emergency medical care The City has automatic aid agreements with the California Department of Forestry and Fire Protection (CDF)/County of San Luis Obispo Fire Department. They also have Mutual Aid Agreements with all fire departments in the County through the San Luis Obispo County Fire Services Mutual Aid Plan Police Protection The Police Station is located at the corner of EI Camino Real and Rosario Avenue Currently the City employs approximately 30 sworn officers or about 1.2 officers per 1,000 people The Police Chief has indicated that 1 4 officers per 1 000 people are preferred In addition to sworn officers, a number of support staff including clerks and dispatchers is needed for the efficient operation of the department. These staff are collectively known as support services technicians (SST) Currently the Police Department employs about eight SST and one support services supervisor 1 Schools Public schools are governed by the Atascadero Unified School District, which covers a large area from the City eastward to the County line The district has five elementary schools, one junior high school, one comprehensive high school, four alternative or academy schools and one continuation school The junior and senior high schools also serve the unincorporated communities of Santa Margarita, Creston and the Carrisa Plains The Atascadero Fine Arts Academy, the Santa Rosa Academic Academy, and the West Mall Alternative school serve students interested in fine arts, accelerated learning and home schooling, respectively Answers to Checklist Questions Question A. Proposition 40 funds (see Section 2 0) would be used to help fund the project in part for the purposes of public safety improvements at a public facility The project would not result in additional population therefore no school fees to fund the Atascadero Unified School District would be issued The project would not increase the demand for other public services, including fire protection, police protection, libraries, and parks Finding The proposed project would result in no impacts to public services and no mitigation is required 3-75 227 *0F, CITY OFATASCADERO INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3.14 RECREATION a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES Project description Parks and Recreation Element. This section addresses the existing parks and recreation conditions of the project area This section also addresses the impacts from the proposed project. Impacts to parks and recreation associated with the project were based on a review of existing literature and the proposed project. Environmental Setting The City of Atascadero currently has over 95 acres of parks available for public use With a + population of approximately 26 400 there are 3 6 acres of parks for every 1,000 individuals This includes the Atascadero Lake Park, the Atascadero Zoo, Heilmann Park, George C Beatie Skate Park, Paloma Creek Park, Sunken Gardens, and Traffic Way Park. These facilities offer a wide variety of activities from hiking trails and tennis courts, to fishing, swimming and boating Sunken Gardens is an existing public recreational facility located adjacent to the project site Answers to Checklist Questions Question A. The nature of the proposed project does not directly lend itself to increased use of the nearby Sunken Gardens Construction activities at the City Hall may temporarily degrade the use and enjoyment of the Park related primarily to noise intrusion, however, these impacts would be short-term in nature There would be no long-terms effects on the Park resulting from the project. Question B The proposed project does not include new recreational facilities, or require the construction or expansion or recreational facilities that might have an adverse physical effect on the environment. 3-76 228 ( i *e , CITY OFATASCADERO INITIAL STUDY Finding �w The proposed project will results in only temporary impacts to recreation, which would be less than significant; no mitigation is required Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3 15.TRANSPORTATIONITRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation ® ❑ to the existing traffic load and capacity of the street system (i.e result in a substantial increase in either the number of vehicle trips the volume to capacity ratio on roads or congestion at intersections)? b)Exceed either individually or cumulatively a level of ® a El standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns including either EJ R ❑ an increase in traffic levels or a change in location that results in substantial safety risks? d)Substantially increase hazards due to a design feature (e.g sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? f)Result in inadequate parking capacity? ❑ g)Conflict with adopted policies plans,or programs supporting alternative transportation (e.g., bus turnouts, El R bicycle racks)? SOURCES. Land Use Element,Circulation Element. Environmental Setting Laid out as part of the 1913 Atascadero Colony plan the circulation system was designed for low-intensity uses The existing network consists of radial routes emanating from the City Hall area supported by a series of arterial rings meant to convey traffic to outlying areas A few blocks in the city center display the grid system common to most cities Not all planned streets have been built, and many minor streets are privately maintained and are not part of the City's adopted system The radial street pattern was interrupted in 1954 with construction of Highway 101 Commercial development has since spread along EI Camino Real The freeway has limited east-west travel to the eight crossings and does not allow for access from Atascadero Mail to El Camino Real and the downtown area 3-77 229 tF `-� CITY OF ATASCADERO " G° '. INITIAL STUDY The Circulation Element classifies roadways based on their intended function and projected traffic levels which determines the appropriate type of design and number of lanes for the route Table 3 15-1 describes the different types of roads Table 3 15-1 Roadway Classifications Type Description Freeway High speed high capacity limited access facilities serving intercity and regional travel. Example US 101 Arterials Provide for circulation between major activity centers and residential areas in the City and beyond provide access to freeways Major arterials are high-capacity moderately high-speed routes typically two or four lanes wide Minor arterials interconnect with and augment the major arterial system and serve trips of moderate length Collectors Channel traffic from residential or commercial areas to arterials. Further classified as urban rural or hillside depending upon the area and type of topography and vegetation Local Streets Provide access to adjoining land uses Existing Roadway System Roadways that provide primary circulation in the vicinity of the project site include Traffic Way El Camino Real, U S 101 and West/East Mail Road Traffic Way is a 2-lane collector running east—west and serves the downtown area while connecting eastern portions of the City to U S 101 and El Camino Real EI Camino Real constitutes the principal north-south arterial that serves the downtown and residences to the north and south of the downtown area EI Camino Real is primarily a four-lane major arterial (from San Rafael Road to San Anselmo Road) that is east of and adjacent to U S 101 Many of Atascadero's commercial and retail land uses are found along this corridor U S 101 is a major freeway facility that serves regional and inter-regional north-south travel within and throughout the City of Atascadero U S 101 is a four-lane divided freeway through the City According to Caltrans Traffic Volumes on the State Highway System (2002), U S 101 carries an average daily traffic (ADT) volume of approximately 40 500 vehicles within the vicinity of the project. West/East Mall Road, Lewis Avenue, and Palma Avenue are local streets which serve the downtown grid and surround each side of the City Hall site 3-78 230 I CITY OFATASCADERO INITIAL STUDY Answers to Checklist Questions Questions A-B The street system around the project site is lightly traveled and generally free of congestion, except for mornings and afternoons when students are dropped off and picked up from the adjacent school During the construction period construction trips would occur generally in the morning and end of the day as workers arrive to and leave the site Other construction trips would involve heavy duty trucks or trailer rigs dropping off building and other project materials Construction traffic may potentially interfere with school traffic peak hours (student drop-offs pick-ups and buses) To alleviate potential conflicts between vehicles and buses with students arriving and departing the nearby Atascadero Junior High School and construction vehicles a traffic control plan would be implemented This plan would be review and coordinated with the school (see Mitigation TRA-1) Once project construction is completed, traffic levels would return to pre-project conditions Question C No changes will occur to the air traffic patterns Question D The project will not substantially increase hazards due to a design feature or incompatible use Question E. The project site will have adequate emergency access from the existing street network, West and East Mall Road, Lewis Avenue and Palma Avenue Question F Existing on and off-street parking in the vicinity of City Hall would be utilized upon project completion Construction vehicles would be parked at a staging area along Palma Avenue (see Mitigation Measure TRA-1) Additional equipment may be staged on the lawn areas surrounding the building. Following construction, landscaping would be conducted Question G The project does not conflict with adopted policies, plans, or programs supporting alternative transportation Mitigation Mitigation Measures TRA-1 Traffic Control Plan The City, in coordination with the Atascadero Unified School District, shall develop and implement a traffic control plan to reduce construction- related effects on the local street system. Construction vehicles, worker commute vehicles, and equipment shall be staged on the section of Palma Avenue between East and West Mall Road 3-79 231 CITY OF ATASCADERO INITIAL STUDY in front of the entrance to City Hall and Sunken Gardens This section of street shall be closed to the public during periods of project construction City guidelines for temporary road closures shall be followed, including notification of nearby businesses of this closure The Traffic Control Plan shall ensure that access to these businesses is not substantially affected Finding With the incorporation of mitigation the proposed project will result in less than significant impacts to transportation/circulation Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3.16. UTILITIES AND SERVICE SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the El 1 applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or F] F] wastewater treatment facilities or expansion of existing facilities the construction of which could cause significant environmental effects? G) Require or result in the construction of new storm water F] drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the El F1 El project from existing entitlements and resources,or are new or expanded entitlements needed? 17, e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ® EJ accommodate the project's solid waste disposal needs? 771 g)Comply with federal state and local statutes and regulations related to solid waste? SOURCES Project description Land Use Element(LUE) EIR, Project Plans. Setting Water Currently the City derives all of its domestic water from groundwater resources All properties within the City are entitled to water from the Atascadero Mutual Water Company (AMWC) AMWC obtains groundwater from a combination of shallow and deep wells that tap into the Paso 3-80 232 CITY OF ATASCADERO INITIAL STUDY Robles Formation which extends from Atascadero northward to the county line and eastward toward Shandon Sewage Treatment The City collects treats and disposes of sewage from development within the Urban Services Line In 2000, the City provided sewage service to 4,3223 connections The treatment plant has an average capacity of about 2 39 million gallons per day (mgd) in dry weather and 4 3 mgd in wet weather Currently, the average dry weather flow is about 1.2 mgd (50% capacity) The year average is 3 1 mgd including wet weather flows. Over the past thirteen years flows to the plant have increased by approximately 0 02 mgd/yr At this rate it would take approximately 54 years for the plant to reach capacity Solid Waste Disposal A private vendor Wil-Mar Disposal, collects solid waste under a franchise agreement with the City Participation in garbage collection is mandatory citywide and rates are based on volume as part of a comprehensive effort to comply with current state law for waste reduction The Chicago Grade landfill serving Atascadero is also used by the unincorporated communities of Santa Margarita and Templeton, and has an expected remaining life of about 16 years (Source Chicago Grade Landfill Site Life Calculation, December 20, 2001) Additional landfill capacity would be required to extend beyond the current permitted disposal area Answers to Checklist Questions Questions A-B, E The project will not require the construction of new wastewater treatment facilities or the expansion of existing ones, nor would it cause the exceedance of treatment requirements of the applicable Regional Water Quality Control Board Sewer discharge will be handled by a City sewer connection upon re-opening of the City Hall Question C The project will not require the construction of new storm drainage facilities Question D The Atascadero Mutual Water Company (AMWC) will provide water to the project upon completion All property within the City limits is entitled to water from the AMWC The project is not expected to require significant quantities of water for the proposed uses Questions F-G Solid waste from construction activities, including removal of existing materials, such as masonry, brick and mortar from the damaged City Hall would be disposed of at the local Chicago Grade Landfill Other wastes would include miscellaneous construction materials left 3-81 233 CITY OF ATASCADERO INITIAL STUDY over after repairs Disposal of solid waste would be in compliance with federal, state, and local statutes and regulations Mitigation No mitigation measures are necessary Finding The project would result in less than significant impacts to public services and utilities Less Than Potentially Significant Less Than No Significant with Significant Impact Initial Study 2006-0038 Impact Mitigation Impact City Hall Repair and Rehabilitation Project Incorporation 3.17 MANDATORY FINDINGS OF SIGNIFICANCE a)Does the project have the potential to degrade the quality 1771 of the environment,substantially reduce the habitat of a fish F1 LLIJ El 11 or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels threaten to eliminate a plant or animal community reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ® limited but cumulatively considerable? ("Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will El ® F-1 El cause substantial adverse effects on human beings either directly or indirectly? Discussion The project consists of a series of actions for the repair, maintenance, and rehabilitation of Atascadero s City Hall The project would occur in three phases Funding for each phase of the project is derived from separate sources Funding for the first phase of the project would come from a State grant. The first phase of the project addresses specific items as delineated by a team of architectural and engineering consultants retained by the City of Atascadero The items fall within seven major categories of work as follows • Exterior cladding, • Roofing waterproofing and skylights • Interior partitions doors, and glazing, 1-001 3-82 234 I Ty CITY OF ATASCADERO INITIAL STUDY • Floor and roof structure repairs Heating ventilation, and air conditioning repairs and, • Electrical lighting, power, and communication repairs Answers to Checklist Questions Questions A-C The project has potential to degrade the quality of the environment and have environmental effects that would cause substantial adverse effects on human beings however mitigation measures have been proposed to minimize impacts to a level of less than significant. Finding With the incorporation of mitigation, the project would result in less than significant impacts Sources • California Air Resources Board website Proposed 2006 State Area Designations Map for PM,o. http.//www.arb ca gov/desig/adm/adm htm • California Cultural and Historical Endowment (California State Library) website Accessed October 2006 www library ca.gov/CCHE/index cfm#contact • CEQA Handbook, Air Quality Control District, August 1995 • Dibblee J W , Jr 1976 The Rinconada Fault and related faults in southern Coast Ranges California and their tectonic significance U S Geologic Survey Professional Paper 981 • Earthquake Engineering Research Institute 2004 Special Earthquake Report — March 2004 Preliminary Observations on the December 22 2003 San Simeon Earthquake • General Plan Safety Element. 2002 City of Atascadero • General Plan Circulation Element. 2002 City of Atascadero • General Plan Land Use Element, Land Use Map 2002. City of Atascadero • General Plan Noise Element. 2002 City of Atascadero • Guide for Developers 1998 (draft) Atascadero Fire Department. 3-83 235 CITY OF ATASCADERO INITIAL STUDY • Hall C.A. Jr 1976 Geologic map of the San Simeon-Piedras Blancas region San Luis Obispo County California U S Geologic Survey Map MF-784 scale 1.24000 • Hart, E W 1976 Basic Geology of the Santa Margarita San Luis Obispo County California • Crawford, Multari and Clark. Land Use Element Environmental Impact Report, adopted 2002 • Noise Ordinance 1992 City of Atascadero • Pacific Gas and Electric (PG&E) Final report of the Diablo Canyon long term seismic program, U S Nuclear Regulatory Commission, Docket 50-275 and 50-323, San Francisco California 1988 • Peterson, M D et al Fault slip rates and earthquake histories for active faults in Southern California 1994 • Youd T L. and Idriss I M Liquefaction Resistance of Soils. Summary Report from the 1996 and 1998 NCEER/NSF Workshops on Evaluation of Liquefaction of Soils Journal of Geotechnical and Geoenvironmental Engineering Vol 127 No 4, 2001 • Zoning Ordinance part of Municipal Code City of Atascadero as amended through 1999 Project-Specific Sources • Anderson R B Hardy T R 2006 Review and Evaluation of Significance of Impacts Repair and Rehabilitation of Atascadero City Hall • Davey Resource Group Arborist Report and Tree Protection Plan, May 2010 • Project personal communication with Mr Steve McHarris Deputy Community Development Director City of Atascadero • Pfeiffer Partners 2005 Atascadero City Hall Damage Assessment and Rehabilitation Plan Prepared for the City of Atascadero • Earth Systems Pacific 2004 Soils Engineering Report, Atascadero City Hall Seismic Repair/Retrofit, Atascadero, California Prepared for the City of Atascadero Ifto 3-84 236 CITY OF ATASCADERO INITIAL STUDY Appendix A Timing Responsibility Mitigation M M /Monitoring Measure Mitigation Monitoring Program PS:Planning Services Atascadero City Hall Repair and Rehabilitation Project GP Grading Permit BS:Building Services BP Building Permit FD:Fire Department TO Temporary PD:Police Department Occupancy CE.City Engineer FI: Final inspection WW*Wastewater FO Final Occupancy CA.City Attorney AMWC.Water Comp. Mitigation Measure A-1. The site shall be relandscaped BP FO PS A 1 upon completion of construction in order to mitigate the visual impacts of the tree removals. A landscape plan prepared by a qualified landscape professional shall be submitted with building permits for approval. The Atascadero Historical society shall be consulted when choosing the plant material for the new landscape. Mitigation Measure AQ-1. Prior to construction the BP FI PS BS CE AQ-1 contractor shall prepare and submit for approval, a health and safety plan for addressing asbestos issues If asbestos is present, then the APCD may require preparation of an Asbestos Health and Safety Program and dust mitigation measures under guidance of the National Emission Standards for Hazardous Air Pollutants (NESHAP) The APCD has the local responsibility to regulate material containing more than 1 percent asbestos therefore the City shall hire a licensed asbestos abatement contractor if asbestos is known to be present. Mitigation measures would include stabilization of debris by wetting and covering with plastic sheeting until they are removed Furthermore the contractor hired to perform clean-up shall submit an asbestos notification form to the APCD Mitigation Measure AQ-2 During construction the BP, FI PS, BS, CE AQ-2 contractor shall employ a qualified independent testing lab to conduct field sampling and lab testing of paint for detection of lead This will include removing paint samples from the building and testing for lead content. A report shall be prepared indicating areas of detected lead and a Lead Work Plan shall be developed If lead is detected, all loose paint and particle that could become airborne shall be scraped from the building within an enclosed area covered with plastic sheeting to prevent lead-containing particles from becoming rrrr+` A-1 238 CITY OF ATASCADERO INITIAL STUDY Appendix A Timing Responsibility Mitigation /MonitoringMeasure Mitigation Monitoring Program PS.Planning Services Atascadero City Hall Repair and Rehabilitation Project GP'Grading Permit BS:Building Services BPBuilding Permit FD:Fire Department TO:Temporary PD:Police Department Occupancy CE.City Engineer FI: Final inspection WW'Wastewater FO'Final Occupancy CA.City Attorney AMWC.Water Comp. airborne With incorporation of mitigation any potential lead exposure to the public is considered a less than significant impact. Mitigation Measure BR-1. Nesting Birds Within one GP, BP PS BR 1 week of ground disturbance or tree removal/trimming activities if work occurs between March 15 and August 15 nesting bird surveys shall be conducted If construction activities must be conducted during this period, nesting bird surveys shall take place within one week of habitat disturbance If surveys do not locate nesting birds, construction activities may be conducted If nesting birds are located no construction activities shall occur within 100 feet of nests until chicks are fledged Construction activities shall observe a 300-foot buffer for active raptor nests Mitigation Measure CR-1. The two deodar cedar trees GP BP PS CRA on Palma Ave shall be protected during construction All reasonable efforts to save these trees shall be made A tree protection plan shall be prepared by a certified arborist and all required protection measures will be installed and maintained throughout construction Mitigation Measure GEO-1 The City shall implement BP PS,BS,CE GEO-1 the preliminary geotechnical recommendations contained in the Soils Engineering Report (Appendix C) and/or measures identified through subsequent engineering design to minimize impacts to geology and soils Mitigation Measure HAZ-1 Implement Mitigation BP FI PS,BS,CE HAZ 1 Measures AQ-1 and AQ-2 Mitigation Measure NOI-1 All construction activities BP PS,BS,CE N01-11 shall comply with the City of Atascadero Noise Ordinance for hours of operation The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a A-2 239 *rl� CITY OFATASCADERO INITIAL STUDY nn Timing Responsibility Mitigation Appendix A /Monitoring Measure Mitigation Monitoring Pro 9 9 ram g PS:Planning Services Atascadero City Hall Repair and Rehabilitation Project GP'Grading Permil BS.Building Services BP-Building Pemit FD:Fire Department TO:Temporary PD:Police Department Occupancy CE.City Engineer FI: Final inspection WW Wastewater FO'Final Occupancy CA.City Attorney AMWC Water Comp. significant impact on the neighbors such as the Atascadero Junior High School Mitigation Measures TRA-1 Traffic Control Plan The BP PS, BS, CE TRA-1 City in coordination with the Atascadero Unified School District, shall develop and implement a traffic control plan to reduce construction-related effects on the local street system Construction vehicles worker commute vehicles and equipment shall be staged on the section of Palma Avenue between East and West Mall Road in front of the entrance to City Hall and Sunken Gardens This section of street shall be closed to the public during periods of project construction City guidelines for temporary road closures shall be followed including notification of nearby businesses of this closure The Traffic Control Plan shall ensure that access to these businesses is not substantially affected \\cityhall\cdvlpmnt\- pre 06 pins(old planning docs)\-ppn precise plans cega\ppn 04\ppn 2004-0141 city hall earthquake repair\2010 mnd amendment trees\2010 mnd amendment city hall final version.doc A-3 240 ITEM NUMBER. C -2 DATE. 10/12/2010 ■ is ' ■ 8 n Y918 i t97g Atascadero City Council Staff Report — Community Development Department Council Review and Direction California Green Building Standards Code (CALGreen) RECOMMENDATION Council review the requirements in the upcoming California Green Building Code, and direct Staff to prepare a draft ordinance that does not include adoption of the optional CALGreen appendices REPORT-IN-BRIEF The State of California has adopted the first-in-the-nation Green Building Code This Code is formally titled the 2010 California Green Building Standards Code, and is commonly referred to as the CALGreen Code The CALGreen Code contains a mandatory section and an optional section that the City has discretion to adopt or not. The 2010 CALGreen Code becomes effective on January 1, 2011, along with the 2010 California Building, Plumbing, Mechanical, Electrical and Fire Codes DISCUSSION Background State Assembly Bill 32 requires a reduction in Green House Gases (GHG) emissions to 1990 levels by 2020 As part of the State effort to reduce GHG, the State of California developed the CALGreen Code Studies have found that buildings are the second largest contributor to GHG emissions in California, transportation is first. In addition, pumping of water consumes 19% of California's electricity, 30% of its natural gas, and 88 billion gallons of diesel fuel each year Water efficiency measures can reduce water and sewer costs by up to 30% The CALGreen Code is being phased in on an incremental basis It was initially introduced on a completely voluntary basis on August 1, 2009 Now it will become effective on January 1, 2011 as a mandatory requirement. This Code will apply to all 241 ITEM NUMBER. C -2 DATE 10/12/2010 newly constructed buildings in the State This code is not associated with or intended to meet the requirements of any point rated system such as LEED This Code is broken into two parts Mandatory requirements are contained in the body of the Code, with additional non-mandatory features contained in the appendices The features contained in the appendices will not be required unless specifically adopted by local jurisdictions Many of the mandatory features contained in this code are currently required by the City of Atascadero, such as storm water management, site drainage, construction waste recycling, and several of the energy and environmental requirements Many of the optional features contained in the Appendices will become mandatory with the next CALGreen Code cycle, due out in 2013 Staff has prepared the following summary of the key elements of the CALGreen Code that will go into effect on January 1, 2011 Residential - Mandatory Measures will include • Storm water drainage and retention o Requires a plan to manage storm water drainage during construction • Surface drainage o Requires a plan to manage post construction surface water drainage • Energy efficiency o Establishes minimum level of energy efficiency a heated or cooled structure must meet • Water savings o Requires 20% reduction in indoor water use o Multiple shower heads serving one shower may not exceed the maximum allowable gpm flowrate o Irrigation controllers will be weather or soil-moisture based or equipped with rain sensors • Construction requirements o Seal joints and openings o Construction waste reduction through recycling o Building maintenance and operation will require operation manuals and education materials to be maintained and passed to new owners • Environmental quality o Covering of duct openings during construction o Vapor barriers in slab construction o Exhaust fans in every bathroom or shower room or whole house ventilation system o Heating and air conditioning system installer certifications and training o Third party verification of HVAC installation o Framing material moisture inspection 242 ITEM NUMBER. C -2 DATE 10/12/2010 Residential - Voluntary Measures (optional) • Tier 1 o Topsoil protection 0 20% permeable paving o Exceed California Energy Code Standards by 15% o Reduce flow rates of kitchen faucets o Landscape irrigation reduction o 20% Cement reduction o 10% recycled content requirements o 65% reduction in construction waste 0 80% resilient flooring system requirements o Low VOC thermal insulation requirements • Tier 2 o Additional topsoil protection 0 30% permeable paving o Exceed California Energy Code Standards by 30% o Reduce flow rates of kitchen faucets o Additional dishwasher requirements o Additional landscape irrigation reduction o 25% Cement reduction o 10% recycled content requirements o 75% reduction in construction waste 0 90% resilient flooring system requirements o Additional thermal insulation requirements err Non-residential - Mandatory Measures will include • Short term and long term bicycle parking • Designated parking for clean air vehicles • Light pollution reduction • Grading and paving • Separate water meters for buildings > 50,000 sq ft when tenants use more than 100 gallons per day • 20% savings on indoor potable water usage • Separate meters for outdoor potable water use when landscape area is over 1,000 sq ft • Construction waste and recycling • Building maintenance and operation o Occupant recycling o HVAC balancing • Finish material pollutant control — Low VOC • Designated outdoor smoking areas • Carbon dioxide (CO2) monitoring • Acoustical control — noise and sound transmission control • Green House Gas reductions 243 ITEM NUMBER. C -2 DATE. 10/12/2010 Basic Non-residential Voluntary Measures will include • Tier 1 additional requirements o meet all mandatory requirements o exceed 2008 energy requirements by 15% 0 5 elective requirements • Tier 2 additional requirements o meet all mandatory requirements o exceed 2008 energy requirements by 30% 0 15 elective requirements 0 Summary In summary, the State has adopted the California Green Building Standard Code, CALGreen This Code became effective on a voluntary basis in August of 2009 It will become effective January 1, 2011 on a mandatory basis All mandatory measures contained in this Code are required for all new construction projects The optional Code requirements contained in the Appendices are not mandatory unless specifically adopted by the City Many optional features will become mandatory with the next CALGreen Code cycle due out in 2013 FISCAL IMPACT Although there will be a modest increase in plancheck review items and additional field inspection verification items, Staff anticipates no increased staffing or fees to cover the additional workload ALTERNATIVES 1 Direct Staff to include all, or portions of, the optional appendices in the 2011 code adoption ordinance 2 Direct Staff to further analyze the issue ATTACHMENT 1 CALGreen Fact sheet 244 ITEM NUMBER. C -2 DATE. 10/12/2010 Attachment 1 CALGreen Fact Sheet I O"wirr", 2010 California Green Building Standards Code. Nattori'.s First Mandatory Statewide Standards Code to Green Construction and Fight Chinate Chan re Continuing to lead the way in the fight against chinate change and protecting the environment. California adopted tnandatori,building regulations for all new construction in the state that will achieve rnalor reductions in greenhouse. gas emissions, energy consumption, and water use The CALGRL'EA Code is the nation s'first statewide green building.standards code and will take effect Januara=.1 011 In 2U(J7 Governor Schwar7eneg,r,r€:r directed the Cali firma Bitlldinl.,Standards Commission to a pork tvith specified state agencies on the adoption oj'green building standards for residential, commercial, and public building construction Jnr the 2010 code adoption process. The 2011)Green Building,Standards Code Hill reg vire: 20 percent mandatory reduction in indoor water use,with voluntary goal standards for 30. 35 and 40 percent reductions; r Separate water meters for nonresidential buildings indoor and outdoor water use,with a requirement for **Moe moisture-sensing irrigation systems for larger landscape projects; Requiring diversion of 50 percent of construction waste from landfills, increasing voluntarily to 65 and 75 percent for new homes and 80 percent for commercial projects; Mandatory inspections of energy systems(i.e. heat furnace,air conditioner. mechanical equipment)for nonresidential buildings over 10,000 square feet to ensure that all are working at their maximum capacity:according to their design efficiencies; Requiring dour-pollutant emitting interior finish materials such as paints,carpet,vans+l flooring and particle board. The CNI.GR.t E N Code is a comprehensive and uniform regulatory eagle for all residential.commercial, hospital and seh€tical buildings. ensurinl that every new building in California is built usin; environmentally advanced construction practices. California s property owners can simplN build according to the state s CALGREEN Code,at no cost for certification. Having a anandaatorr rade will allaaa California builders to build to a gcrtifialalc:green 5t,andargl without having to paay costIv fees for thirst-party programs. In addition to the mandatory regulations the CALGREEN Code also includes more stringent additional provisions that will hep every builder, owner or local government to go even further While:the:mandatory regulations will now be the law local communities can take additionail action to green their buildings that will reduce greenhouse gas emissions, improve energy efftciencv and conserve our natural resources. The CALGREEN Code will be incorporated into the long-standing. established infrastructure to enforce its health, safety fire, energy and structural building codes. making -erification of the olden code for local building inspectors a simple transition. Like California s existing building code provisions that regulate construction projects throughout the state, the mandatory CALGREEN code provisions will be inspected and ... verified by local and state building departments. 245 ITEM NUMBER. C -2 DATE 10/12/2010 Meth vs. Fact Setting the Record Straight On 2010 California Green Building Standards Code ,As the nation s first statewide mandatory green builditt, standard code the 2010 Calif}stria Greets Buildin, Standards Code establishes inundatory re�?ulations that o ill achie•rc major reductions in �,reenhouse ;ti)(is emissions, ener,v consamption. and water These provisions of the nevi,- CALGREEN Code hill noti become the baseline of re,ulated green construction practice s in the country s most populous state Here are the facts: ;MYTH 1 'The 2010 Green Building Standards Cotler is riot strin,erit enou,h to trnake et difference in the chmate° chane erftc)rts r FACT 1: The California Air Resources Board estimates that the mandatory provisions will reduce greenhouse gas emissions (CO2 equivalent) by 3 million metric tons in 2020. Additionally the provisions will reduce water use by 20 percent and divert 50 percent of construction waste from landfills. MYTH 2. Local.jurisdictions do trot hai�e the technical exhernse to rerifv whelher builders are c•ornplying ti ith the Green Building Code. .- FACT 2: The code will utilize the long-standing, successful enforcement infrastructure that the state has established to enforce its health, safety, fire, energy, and structural building codes making verification of the Green Code for local building inspectors a simple transition. Unlike many private green building certification programs, the CALGREEN Code will not require businesses or property owners to pay additional fees for certification. Additionally, the CALGREEN Code requires field inspections to ensure compliance. MYTH 3 C'al{forttiu s CALGREEN label and the tier structures will create rnarlcet cogf ision with other third punt°i erificextion systems. r FACT 3: The CALGREEN Code is a moniker to distinguish California's many other Building Codes from the California Green Building Standards Code. The tier structure was developed by the Commission to promote market continuity Haying a mandatory code with a tier structure in place will allow California's builders to build to a certifiable green standard without having to pay= costly fees for third-party programs. MYTH 4 'The nrir code tt•ill signs ficanth,intpuct Cuhfornia cities o�t�n green building progrutn.s. FACT 4. The Code setts a sensible floor that all new structures must meet to significantly minimize the state's overall carbon output. Each individual local jurisdiction retains the administrative authority to decide what is best for their communities while meeting the mandatory provisions in the new Green Code. They are encouraged to take additional actions to green their buildings that will reduce greenhouse gas emissions, improve energy efficiency and conserve our natural resources. r 246