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HomeMy WebLinkAbout092512 CC Agenda-combined . yl 'a`$ i979CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, September 25, 2012 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Regular Session: 6:00 p.m. City Council Closed Session: Immediately following the conclusion of the City Council Regular Session REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Jerry Clay ROLL CALL: Mayor Kelley Mayor Pro Tem O'Malley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Recognition to Individuals for Their Support of 4t" of July Event, 2012 2. Presentation to Volunteer Rick Mathews and Madrone Landscaping for maintaining the Atascadero Veterans Memorial Lawn 3. Proclamation declaring October, 2012, as Energy Awareness Month 4. Proclamation declaring October 7-13, 2012, as Fire Prevention Week 5. Presentation of Bocce Ball Court Completion by the North County Adaptive Sports and Recreation Program 6. Presentation by Tina Metzger of the Conference of California Historical Societies 7. Update on Lake Park Bandstand construction by the Atascadero Kiwanis Club 8. Recognition of Steve Martin for service as Executive Director of Atascadero Main Street from 2002 - 2012 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. Lift Station #6 Rehabilitation Project Award - City Bid No. 2012-008 ■ Fiscal Impact: Award of the contract will result in the expenditure of $325,442 in budgeted Wastewater funds and the allocation of $25,000 in Wastewater Reserve funds toward the Project contingency. ■ Recommendations: Council: 1. Award the Lift Station #6 Base Bid in the amount of $313,442.00 and Bid Alternate C in the Amount of $12,000, to Arthurs Contracting Inc.; and, 2. Authorize the City Manager to execute a contract with Arthurs Contracting Inc., in the amount of $325,442.00, for construction of the Lift Station #6 Rehabilitation Project; and, 3. Authorize the Director of Administrative Services to allocate an additional $25,000 of Wastewater Capital Reserve Funds to the project; and, 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the 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. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson(cD_atascadero.org.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. California Fair Political Practices Commission (FPPC) Form 806 - Consideration of Adoption ■ Fiscal Impact: Fiscal impact will be a result of the Staff time involved in updating the Form 806 as needed. ■ Recommendation: Council adopt the FPPC Form 806 and direct the City Clerk to post the completed form on the City's website. [City Clerk] 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 Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. County Mayors Round Table 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council 7. Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero Mayor Pro Tem O'Malley 1. City / Schools Committee 2. Integrated Waste Management Authority (IWMA) 3. League of California Cities — CITIPAC Board Member 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (SLORTA) Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City / Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN TO CITY COUNCIL CLOSED SESSION: CITY COUNCIL CLOSED SESSION: Immediately following the conclusion of the City Council Regular Session 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Save Atascadero v. City of Atascadero, et al. San Luis Obispo Superior Court Case No. 128230 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT 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 September 25, 2012 Regular Session of the Atascadero City Council was posted on September 18, 2012, 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 18th day of September, 2012, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 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. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). 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. 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). 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. 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 The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 09/25/12 stArASCAD�� Atascadero City Council Staff Report — Public Works Department Lift Station #6 Rehabilitation Project Award City Bid No. 2012-008 RECOMMENDATIONS: Council: 1. Award the Lift Station #6 Base Bid in the amount of $313,442.00 and Bid Alternate C in the Amount of $12,000, to Arthurs Contracting Inc.; and, 2. Authorize the City Manager to execute a contract with Arthurs Contracting Inc., in the amount of $325,442.00, for construction of the Lift Station #6 Rehabilitation Project; and, 3. Authorize the Director of Administrative Services to allocate an additional $25,000 of Wastewater Capital Reserve Funds to the project; and, 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. DISCUSSION: Background: Lift Station 6 is located at the corner of Traffic Way and Buena Vista Street. Lift Station 6 receives wastewater from the north end of town including the Home Depot and De Anza Estates areas. Lift Station 6 needs to be upgraded because wastewater flows have increased, and the facility has deteriorated over time. The City Council authorized the design and replacement of Lift Station No. 6, miscellaneous pump replacements, and lift station controls in the 2011-2013 City Budget. Analysis: The Lift Station #6 Rehabilitation Project was advertised from June 22, 2012 to July 31, 2012. A total of seven bids were received for this project. The bids were reviewed for accuracy and compliance with the City of Atascadero bidding requirements. Arthurs Contracting, Inc. is the lowest responsive bidder at $313,442.00 (this project is awarded to the lowest Base Bid amount). Staff recommends that Add ITEM NUMBER: A- 1 DATE: 09/25/12 Alternate "C" (site fencing) be awarded at this time in the amount of $12,000.00. The Add Alternates "A" (generator) and "B" (site paving) are not recommended to be awarded at this time due to bid costs and limited funds. These improvements may be considered in future budgets. Staff has worked diligently to bring the project in under the total project budget of $390,000; however the total project costs are expected to exceed this amount. The budget was established prior to pre-design and was intended to fund the design, construction, utility work, and construction administration costs. Pump replacement and electronic controls for Lift Station #6 were budgeted under different project line items, but were incorporated into this Project. As a result, $45,000 is being transferred from the Replacement Pumps account and $7,000 is being transferred from the Lift Station Electronic Control Improvements Project, bringing the Project budget up to $442,000. With these transfers, the Project would still be left with a contingency of less than 10%. Because the Project involves digging 25 ft into the ground and all of the unknowns that excavation brings, staff feels that an additional $25,000 in contingency funds is more realistic. Staff is requesting an additional $25,000 be allocated to increase the contingency to $57,000, or 17.5%. As always, staff will seek to minimize use of the contingency and any excess funding would be rolled back into the wastewater fund. The lift station site is located on an easement purchased by the City from the Vetter Family in 2004. Staff, with the assistance of the City Attorney, has addressed concerns raised by a representative of the property owner regarding the suitability of the easement for the subject improvements, and their request for additional compensation. Based on the Public Works Director's determination, and City Attorney's concurrence, the property owner's claim for additional compensation was rejected. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with Arthurs Contracting Inc. in the amount of $325,442.00 for construction of the Lift Station #6 Rehabilitation Project Base Bid and Add Alternate "C". FISCAL IMPACT: Award of the contract will result in the expenditure of $325,442 in budgeted Wastewater funds and the allocation of $25,000 in Wastewater Reserve funds toward the Project contingency. ESTIMATED FUNDING USES Design $49,558 Construction $325,442 PG&E and AT&T Costs $5,000 Inspection / Testing / Construction Administration $30,000 Contingency @ 17.5% $57,000 Total Estimated Funding Uses: $467,000 ITEM NUMBER: A- 1 DATE: 09/25/12 ESTIMATED FUNDING SOURCES Wastewater Capital Funds Budgeted 2011-2013 Lift Station #6 Design and Build $390,000 Replacement Pumps (33% of budget item) $45,000 Lift Station Electronic Control (2% of budget item) $7,000 Wastewater Capital Reserve Funds Requested $25,000 Total Allocated Revenue: $467,000 ALTERNATIVES: 1. Do not award the contract and cancel the project 2. Direct staff to redesign and re-bid the project. ATTACHMENTS: Bid Summary ITEM NUMBER: A- 1 DATE: 09/25/12 Attachment Attachment: BID SUMMARY City of Atascadero Office of The City Clerk TO: Public Works FROM: Lisa Cava,Deputy City Clerk BID NO.: 2012-008 OPENED: 7131/2012 r LIFT STATION M 6 REPLACEMENT PROJECT: PROJECT Bids were received and opened toda},a.v follows: TOTAL BASE BID N me of Bidder PRICE ADD ALTERNATE.A ADD ALTF.RNA I'E 13 ADD ALTERNATE C ARTHUR$CONTRACTING $313,442.00 $44.990.00 $36,442.00 $12.000.00 R.BAKER $331,975.00 S42.7(K)N $27,250.00 $9,800.00 RAMINHA CONSTRUCTION $338.600.00 540,000,00 $41,922.00 512,000.00 J.MADONNA CONSTRUCTION $340,427.00 $49,000.00 $33,290.00 $10,600.00 BROUGH CONSTRUCTION S345,766.00 539,400.00 $19,165.00 $10,200.00 SPIESS CONSTRUCTION 5357,139.00 $42.900.00 $16,810.00 $8,900.00 WHITTAKER CONSTRUCTION 5403,205.00 $6!),000.4)0 $28,450.00 $13.000.00 ITEM NUMBER: C - 1 DATE: 09/25/12 1979 stArASCAD�� Atascadero City Council Staff Report — City Clerk's Office California Fair Political Practices Commission (FPPC) Form 806 Consideration of Adoption RECOMMENDATION: Council adopt the FPPC Form 806 and direct the City Clerk to post the completed form on the City's website. DISCUSSION: City Councils make appointments from their members to positions on the governing boards of external entities like SLOCOG and IWMA. Some of these positions provide additional compensation to the appointed member. Until recently, FPPC regulation prohibited a Council Member from participating in a decision to appoint himself/herself to an external board position if the compensation was $250 or more per year. In March, the FPPC amended Regulation 18705.5 to allow a Council Member to participate in a decision appointing himself/herself to such a position. However, before a Council Member may participate in a decision to appoint himself/herself to a compensated position, Section 18705.5 now requires a new FPPC Form 806, be adopted and posted on the City's website. The Form 806 will included the following: (1) a list that sets forth each appointed position for which compensation is paid, (2) the salary or stipend for each appointed position, (3) the name of the public official who has been appointed to the position, and the name of the public official, if any, who has been appointed as an alternate, and (4) the term of the position. Staff has compiled the necessary information from the regional boards that the Council Members serve on for which compensation is received. This information has been included on the attached Form 806, which serves as the City's report of all compensated public official appointments. As new appointments are made, Form 806 must be amended to reflect those new appointments. ITEM NUMBER: C - 1 DATE: 09/25/12 FISCAL IMPACT: Fiscal impact will be a result of the Staff time involved in updating the Form 806 as needed. ATTACHMENTS: 1. California Code of Regulations, Title 2, Section 18705.5 2. California FPPC Form 806 ITEM NUMBER: C - 1 DATE: 09/25/12 Attachment 1 (Regulations of the Fair Political Practices Commission,Title 2,Division 6,California Code of Regulations) §18705.5.Materiality Standard:Economic Interest in Personal Finances. (a)A reasonably foreseeable financial effect on a public official's or his or her immediate family's personal finances is material if it is at least$250 in any 12-month period. When determining whether a governmental decision has a material financial effect on a public official's economic interest in his or her personal finances,neither a financial effect on the value of real property owned directly or indirectly by the official,nor a financial effect on the gross revenues, expenses,or value of assets and liabilities of a business entity in which the official has a direct or indirect investment interest shall be considered. (b)The financial effects of a decision which affects only the salary,per diem,or reimbursement for expenses the public official or a member of his or her immediate family receives from a federal,state,or local government agency shall not be deemed material,unless the decision is to appoint,hire,fire,promote,demote,suspend without pay or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family,or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position,or when the member of the public official's immediate family is the only person in the job classification or position. (c)Notwithstanding subsection(b),pursuant to Section 82030(6)(2)and Regulation 18232,a public official may make,participate in making,or use his or her official position to influence or attempt to influence,a government decision where all of the following conditions are satisfied: ITEM NUMBER: C - 1 DATE: 09/25/12 Attachment 1 (1)The decision is on his or her appointment as an officer of the body of which he or she is a member(e.g.,mayor or deputy mayor),or to a committee,board,or commission of a public agency,a special district,a joint powers agency or authority,a joint powers insurance agency or authority,or a metropolitan planning organization. (2)The appointment is one required to be made by the body of which the official is a member pursuant to either state law,local law,or a joint powers agreement. (3)The body making the appointment referred to in paragraph(1)adopts and posts on its website,on a form provided by the Commission,a list that sets forth each appointed position for which compensation is paid,the salary or stipend for each appointed position,the name of the public official who has been appointed to the position and the name of the public official,if any, who has been appointed as an alternate,and the term of the position. COMMENT:Cross-references:For the definition of"immediate family,"see Government Code section 82029. Note:Authority cited:Section 83112,Government Code.Reference:Sections 87100,87102.5, 87102.6,87102.8 and 87103,Government Code. HISTORY 1.New section filed 11-23-98;operative 11-23-98 pursuant to the 1974 version of Govenunent Code section 11380.2 and title 2,California Code of Regulations,section 18312(d)and(e) (Register 98,No.48). 2.Change without regulatory effect amending section heading filed 3-26-99 pursuant to section 100,title 1,California Code of Regulations(Register 99,No. 13). 3.Editorial correction of History 1 (Register 2000,No.25). ITEM NUMBER: C - 1 DATE: 09/25/12 Attachment 1 4.Amendment of section heading and section filed 1-17-2001;operative 2-1-2001.Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements)(Register 2001,No.3). 5.Amendment of subsection(a)filed 1-16-2002;operative 2-15-2002(Register 2002,No.3). 6.Amendment of subsection(b)filed 6-21-2005;operative 7-21-2005(Register 2005,No.25). 7.Amendment of subsection(a)filed 12-18-2006;operative 1-17-2007.Submitted to OAL for fil ing pursuant to Fair Political Practices Commission v.Office ofAdministrative Law,3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements)(Register 2006,No.51). 8.New subsections(c)-(c)(3)filed 4-23-2012;operative 5-23-2012.Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL)(Register 2012, No. 17). ITEM NUMBER: C - 1 DATE: 09/25/12 Attachment 2 Agency Report of: Public Official Appointments A Public Document 1. Agency Name e City of Atascadero or oftcal Uee Only Division,Department,or Region flfApplicable) City Council Designated Agency Contact(Name,T,tle) Marcia McClure Torgerson,City Clerk Data Posted: Area CodelPhone Number E-mail 805-470-3400 mtorgerson@atascadero.org Page 1 of 1 09/26/2012 iWgA oar.year) 2. Appointments Agency Boards alonsand - Nacre of M f Appointed Foram - - APPt tial/atW Per Meetingrnual.Salaiyi upend Comrnlglore _ _ lang111 Of Tam:. Air Pollution Control Fonzi,Roberta(stipend declined) 01 10 12 ►Per Meeting: 5 100.00 District of San Luis ►tia,,1e ►_/_!_ Obispo County(APCD) ►Eslimaled Annual Alternate,A any Sturtevant,Brian Ends 12/31/12 0sost,000 [1$2.001-$3.000► IYeu.rnU inpm a•rnr, ❑$1,00142,000 ❑ anu San Luis Obispo County O'Malley,Tom ► 01 1 10 / 12 ►Per A**6'8. $ 100.00 Council of Governments ►tuame (SLOCOG ) ►EStmafad Artrual: Alternate.is Fonzi,Roberta ► Ends 12/31/12 „y ❑sasl.000 ❑s2.0111-53,000 eaar u ca.an.r rrr N$1,001-32,000 ❑ cfn San Luis Obispo Local Fonzi,Roberta 01 14 12 50.00 Agency Formation Marne ►i_l_ ►Per Asa.xng s Commission(LAFCO) '� None ►Estm>atedAnnua7: (Alternate Commissioner) Alternatie I . ► Ends 12/31/14 I—tt a n•r ®3041,00o ❑$2.00143.000 ❑s1,0042,000 ❑ oi- ►Per Meaonp, $ ►Name ► 1 / i4�sr Fvnl AW ►EsUmatedAnnuel Altemaw,fany ► ❑$0.$1.000 0$2-001-$3,000 rcwr.rsw r.•.;,�,r T�,,,, 051,001-S2,000 ❑ awa 3. Verification f nave read and understand FPPC Regukkon 18705.5.f have varIW that the appointment and Infomralkm ideal fled above is true to the best of my intormaton and bete/ 2dA ,m /�� Marcia McClure Torgerson City Clerk 09/18/12 &palbreaApexy Headar sgnee Pnn Nemr nae (MoXi.Day,,yuan Comment FPPC Form 806(6112) FPPC Toll-Free Helpline:666/ASK-FPPC(6861275.3772)