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Home My WebLink AboutAgenda Packet 08/09/2005 18 CITY OF ATASCADERO `'° CITY COUNCIL AGENDA Tuesday, August 9, 2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Scalise Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call 1 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.) PRESENTATIONS: 1. Presentation of funds to the Human Service Grants recipients. 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.) 1. City Council Meeting Minutes — June 14, 2005 City Clerk Recommendation: Council approve the City Council meeting minutes of June 14, 2005. [City Clerk] 2. City Council Meeting Minutes — June 28, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of June 28, 2005. [City Clerk] 3. City Council Meeting Minutes —July 12, 2005 ■ City Clerk Recommendation: Council approve-the City Council meeting minutes of July 12, 2005. [City Clerk] 4. May 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,504,775.97. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2005. [Administrative Services] 5. May 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for May 2005. [City Treasurer] 6. Design Services ■ Fiscal Impact: Specific costs are unknown. ■ Recommendation: Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for City projects including the temporary City Hall, Youth Center and Corporation Yard. [City Manager] 2 7. Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit ■ Fiscal Impact: 4% of salary in 2005-2006 fiscal year and 3% of salary in 2006-2007 fiscal year. ■ Recommendation: Council approve Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit. [City Manager] 8. Police Vehicle Purchase ■ Fiscal Impact: $67,662.12, inclusive of applicable sales tax and California tire fee. Funds are provided in the 2005/2006 City budget. ■ Recommendation: Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. [Police] 9. Annual Street Striping Award ■ Fiscal Impact: Expenditure of $ 32,303.10 in previously allocated funds in the 2005//2006 budget. • Recommendation: Council authorize the City Manager to execute a contract with Central Coast Striping in the amount of $32,303.10 for annual street striping. [Public Works] 10.Drainage Engineering Services ■ Fiscal Impact: The cost of drainage engineering service is billed directly to a capital project or to the drainage project capital account. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "Drainage Engineering Services Qualified Firm List". [Public Works] 11.La Linea Avenue Rehabilitation (City Bid No. 2004-011) ■ Fiscal Impact: $30,000.00. ■ Recommendation: Council authorize the City Manager to execute a contract change order with R. Burke Construction for $30,000, for the La Linia Avenue Rehabilitation Project. [Public Works] 12.Professional Design Services for a Traffic Signal at San Gabriel Road and Morro Road ■ Fiscal Impact: Total expenditure of $35,050.00. ■ Recommendation: Council authorize the City Manager to execute an agreement with Associated Transportation Engineers to design a traffic signal at San Gabriel Road and Morro Road intersection with a maximum design expenditure of $35,050.00. [Public Works] 3 13.Annex II Interior Improvement Proiect— Interior Painting ■ Fiscal Impact: Expenditure of $149,760.00. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Santa Margarita Construction in the amount of $124,800.00 for the Interior Painting improvements; and, 2. Authorize the Director of Administrative Services to allocate $149,760.00 toward the completion of the Interior Painting Project. [Public Works] 14. Annex II Interior Improvement Project— Cabinetry and Counters ■ Fiscal Impact: Expenditure of $164,400.00. ■ Recommendations: Council: 1 . Authorize the City Manager to execute a contract with Wysong Construction in the amount of $137,000.00 for the Interior improvements (Cabinetry and Counters); and, 2. Authorizes the Director of Administrative Services to allocate $164,400.00 toward the completion of the Interior Improvements Project. "[Public Works] 15. Disadvantaged Business Enterprise (DBE) Goal ■ Fiscal Impact: Staff time to monitor DBE Program. • Recommendation: Council adopt Disadvantaged Business Enterprise (DBE) participation goal. [Public Works] 16. Notice of Completion / Manhole Replacement Project ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Raminha Constructions work as complete; and, 2. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] 17. Bench Style and Designation for the Sunken Gardens Enhancement Prosect ■ Fiscal Impact: None. ■ Recommendation: Parks and Recreation Commission recommends Council approve the recommended alternate bench style for the Sunken Gardens project and designate the bench sites identified on the Sunken Gardens Conceptual Plan for sponsorship opportunities. [Public Works] 18. Colony Days Parade Route Road Closure ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the closure of EI Camino Real from Curbaril to Traffic Way on Saturday, October 15, 2005 from 9:00 a.m. until 12:30 p.m.; Palma from East Mall to West Mall from 8:00 a.m. Friday October 14, 2005 to noon Monday October 17, 2005; West Mall from EI Camino Real to Palma on Saturday October 15, 2005 from 8:00 a.m. to 5:00 p.m.; East Mall from EI Camino Real to Palma on Saturday October 15, 2005 at 8:00 a.m. to Sunday at 5:00 p.m.. [Community Services] 4 B. PUBLIC HEARING: 1. De Anza Estates Assessment Districts ■ Fiscal Impact: There is no fiscal impact to general residents within the City. ■ Recommendations: Council: 1. Adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and approving certain related actions; and, 2. Adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006; and, 3. Adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006; and, 4. Adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) and approving certain related actions; and, 5. Adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No. 03 (De Anza Estates); and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006; and, 6. Adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. [Administrative Services] 2. Draft Film Ordinance and Resolution Establishing Rules, Regulations and Fees ■ Fiscal Impact: Unknown. ■ Recommendations: Council: 1. Introduce for first reading, by title only, Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12; and, 2. Adopt the Draft Resolution establishing rules, regulations, and fees for motion picture and television productions. [City Manager] 3. Title 9 Planning and Zoning Text Amendment (Zone Change 2005- 0100)(City of Atascadero) ■ Fiscal Impact: Revenue neutral to the City. ■ Recommendations: Planning Commission recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0043; and, 2. Introduce for first reading by title only, Draft Ordinance A approving Zone Text Change 2004-0100 establishing development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements. [Community Development] 5 4. 1155 EI Camino Real Custom Planned Development 26: The Village at Oakhaven (Zone Change 2005-0099/CUP 2005-0157/TTM 2005- 0067)(Wehn Group, LLC) ■ Fiscal Impact: There will be minor negative impact, the project will be required to cover most of the costs of development with the conditions included. ■ Recommendations: Planning Commission recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, 3. Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings; and, 4. Adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 5. Confirming the Cost of Vegetative Growth and/or Refuse Abatement • Fiscal Impact: No direct fiscal impact. ■ Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire Department] C. MANAGEMENT: 1. Options for Service to Multi-Story Buildings ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Direct staff to research funding options and bring back an implementation proposal for Council to consider; and, 2. Direct staff to investigate a potential cooperative relationship with Paso Robles. [Fire] 2. East Mall Parking and Circulation Changes ■ Fiscal Impact: Less than $3,000.00 of the Sunken Gardens Project Contingency Budget. ■ Recommendation: Council approve making East Mall one way from EI Camino Real to Palma Ave and add angled parking along the Sunken Gardens. [Public Works] 6 3. League of California Cities Voting Delegate ■ Fiscal Impact: None. ■ Recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2005, and direct the City Clerk to inform the League of the designation. [City Clerk] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities— Grassroots Network 5. City/ Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager 7 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the August 9, 2005 Regular Session of the Atascadero City Council was posted on August 2, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 2nd day of August, 2005 at Atascadero, California. Shannon Sims, Deputy City Clerk City of Atascadero 8 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING ee City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., 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 Annex business hours at the Central Receptionist counter 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) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA II business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 9 ITEM NUMBER: A- 1 DATE: 08/09/05 CITY OF ATASCADERO 1918- , 1979 CITY COUNCIL DRAFT MINUTES Tuesday, June 14, 2005 7:00 P.M. CLOSED SESSION: 6:35 p.m. (immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION • Eric Greening stated that the access to Stadium Park is good and shouldn't be changed. .2. CALL TO ORDER a) Conference with Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. b) Conference with legal counsel — anticipated litigation — access to Stadium Park Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b). 3. ADJOURN: 7:16 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that there was no reportable action was taken. CC Draft Minutes 06/14/05 Page 1 of 12 10 REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:18 p.m. and Council Member Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Fire Chief Kurt Stone, Police Lt. John Hough, Deputy Executive Director of Redevelopment Marty Tracey, Deputy Public Works Director Geoff English, and City Attorney Patrick Enright. COMMUNITY FORUM: • Pastor Tom Farrell, Atascadero Bible Church, led those present in prayer. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna reported on Clean-Up Day held on April 30th, and thanked Atascadero Waste Management for sponsoring the program. Council Member Clay spoke about the Car Crushing program held several years ago, .and stated he would be in favor of holding it again. CC Draft Minutes 06/14/05 Page 2 of 12 11 PRESENTATIONS: 1. Presentation of service plaque to former Planning Commissioner, Tim Peterson. Mayor Scalise thanked Mr. Peterson for his service on the Planning Commission and Mayor Pro TemO'Malley presented him with a plaque. Mr. Peterson thanked the I Council for the plaque and spoke about his time on the Commission. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — May 10, 2005 City Clerk Recommendation: Council approve the City Council meeting minutes of May 10, 2005. [City Clerk] 2. Sewer Extension Reimbursement Agreements (Rossi/Candiff) ■ Fiscal Impact: The City will collect a 2% administrative charge from all reimbursements. This charge will be deducted from the total amount refunded. ■ Recommendation: Council authorize the City Manager to execute the two Sewer Extension Reimbursement Agreements with Mr. Rossi and Mr. Candiff. [Public Works] 3. Atascadero Lake Water Quality / Purchase of a Solar Powered Water Circulator • Fiscal Impact: Expenditure of $45,000.00 in previously allocated Parkland Facility Fees for this purchase. ■ Recommendation: Council authorize the City Manager to purchase a solar powered water circulator in the amount of $45,000.00 to help reduce the frequency and size of the algae blooms and fish die-offs at Atascadero Lake. [Public Works] 4. Community Development Block Grant (CDBG) Program / Fiscal Years 2006 - 2008 ■ Fiscal Impact: Continued availability of approximately $200,000 annually during the next 3 years for CDBG eligible programs. ■ Recommendation: Council adopt the attached Draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant Program for Fiscal Years 2006 - 2008. [Public Works] 5. Temporary Road Closure/ San Marcos Road ■ Fiscal Impact: None. ■ Recommendation: Council approve the request for the temporary closure of San Marcos Road. [Public Works] CC Draft Minutes 06/14/05 Page 3 of 12 12 6. Garcia Road Bridge Project Award (Bid 2005-0041 ■ Fiscal Impact: Engineer's Estimate is $999,854.38. ■ Recommendation: Council review staff report and authorize the City Manager to execute a contract with the successful lowest bidder on this project. [Public Works] 7. Final Map 2004-0089 (Tract 2562) 5680 Rosario (TTM 2003-0038) Madru a ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2004-0089 (Tract 2562); and, 2. Reject, without prejudice to future acceptance, the offer of dedication for Public Utility Easement; and, 3. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] 8. Temporary City Hall Interior Improvement Project — Electrical, Plumbing and Mechanical (Bid No. 2005-011, 2005-012, 2005-013) ■ Fiscal Impact: $925,221 .60. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $520,920.00 for the electrical p Y interior im improvements; and, o e e s P 2. Authorize the Cit Manager to execute a contract with W son Y 9 Y 9 Construction Company in the amount of $109,200.00 for the plumbing interior improvements; and, 3. Authorize the City Manager to execute a contract with Santa Margarita Construction Corporation in the amount of $140,898.00 for the mechanical interior improvements; and, 4. Authorize the Director of Administrative Services to allocate $925,221.60 toward the completion of the Interior Improvements Project. [Public Works] MOTION: By Council Member Luna and seconded by Mayor Pro Tem O'Malley to approve Items #A-1, 2, 3, 4, 5, 6, 7 and 8. Motion passed 5:0 by a roll-call vote. (Pacas abstained on Item #A-8) (Item #A-2 Contracts Nos. 2005-018, 2005-019, Item #A-4 Resolution No. 2005-053, Item #A-6 Contract No. 2005-020, Item #A-7 Contract No. 2005-021, Item #A-8 Contract Nos. 2005-022, 2005-023, 2005,024) CC Draft Minutes 06/14/05 Page 4 of 12 13 B. PUBLIC HEARINGS: 1. Downtown Parking and Business Improvement Area (FY 2005-2006) / Confirmation of Annual Assessment ■ Fiscal Impact: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2005-2006. ■ Recommendation: Council adopt the Draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2005-2006). [City Manager] City Manager er Wade McKinney gave the staff report. PUBLIC COMMENT Steve Martin, Executive Director Atascadero Main Street reported on the way Main Street has managed to leverage the City's support over the last year. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt the Draft Resolution confirming annual assessment for Downtown Parking and Business Improvement Area (Fiscal Year 2005-2006). Motion passed 5:0 by a roll-call vote. (Resolution No. 2005-054) 2. Title 8 Building Regulations Update / 2004 California Electrical Code Adoption with Minor Modifications ■ Fiscal Impact: None. ■ Recommendation: Council introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building Regulations. This action would adopt the latest Electrical Code, modify requirements in high fire hazard construction, clarify soils requirements and provide minor clean up language. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None MOTION: By Council Member Luna and seconded by Mayor Pro Tem O'Malley to introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building CC Draft Minutes 06/14/05 Page 5 of 12 14 Regulations. This action would adopt the latest Electrical Code, modify requirements in high fire hazard construction, clarify soils requirements and provide minor clean up language. Motion passed 5:0 by a roll-call vote. 3. Placing Sewer Service Charges on the 2005-06 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,558,301.20 in sanitation service charges for Fiscal Year 2005-06. ■ Recommendation: Council adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls. [Public Works] Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT— None MOTION: B Council Member Luna and seconded b Council Member Y Y Clay to adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls. Motion passed 5:0 by a roll-call vote. (Resolution No. 2005-055) C. MANAGEMENT: 1. Local Road Improvement Loan Program ■ Fiscal Impact: The City will deposit up to $500,000 to secure loans for road improvements. Interest on the deposit will be based on the prevailing rate for 10-year certificates of deposit and will be paid semi-annually. There is a slight financial risk if residents enrolled in the program default on their loans. ■ Recommendations: Council: 1. Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program; and, 2. Authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program. [City Manager] Mayor Scalise stepped down from consideration of this item as the road she lives on will be using this program. Assistant City Manager Jim Lewis gave the staff report and answered questions of Council. CC Draft Minutes 06/14/05 Page 6 of 12 15 PUBLIC COMMENT J.P. Patel asked how neighborhoods who could not afford to participate in this program would benefit. Mayor Pro Tem O'Malley closed the Public Comment period. MOTION: By Council Member Pacas and seconded by Council Member Clay to Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program; and, authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program. Motion passed 4:0 by a roll-call vote. (Contract No. 2005-025) Mayor Scalise rejoined the meeting. 2. Community Survey on Local Taxes and Assessments ■ Fiscal Impact: $10,000.00 initially with a potential $45,000.00 additional cost. ■ Recommendations: Council: 1. Direct staff to research levels of support through community polling for an increase in the local sales tax rate; and, 2. Appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Jim Patterson, San Luis Obispo County 5th District Supervisor, informed Council there is interest county-wide in looking at alternative methods of raising revenue. Sandy Jack asked several questions about the survey including the nature and content of the survey, how it was developed, how survey respondents would be selected, and the sample size. CC Draft Minutes 06/14/05 Page 7 of 12 16 Eric Greening stated he was skeptical about spending money on this survey at this time, especially without the details of the ballot measure. Mayor Scalise closed the Public Comment period. Council Member Luna stated he supports getting public input on this item, but that it is wrong to do it in the context of "what will you pay for". He indicated he would not support this, and suggested that there are better uses for this money in Atascadero. Council Member Pacas suggested that if the City is thinking about increasing the sales tax, she would support Council Member Luna's suggestion of saving the $35,000 at this time and putting it toward educating the public later on. MOTION: By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to Direct staff to research levels of support through community polling for an increase in the local sales tax rate; and, appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends. Motion passed 3.2 by a roll-call vote. (Luna, Pacas opposed) 3. SMARA Compliance Report 200505 / Millhollin Mine (CUP 96003 • Fiscal Impact: None. ■ Recommendations: Council: 1 . Direct staff to prepare and execute a formal agreement that would allow stockpiling of materials in the southern portion of Phase 2; and, 2. Request the operator provide an updated restoration cost estimate for staffs review. Upon staffs approval of the estimate, a new financial assurance bond would be required to be posted. [Community Development] l Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Jim Brenton expressed concern regarding the recommendations and phasing in the staff report. He suggested leaving the memorandum agreement as it is. Mayor Scalise closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem O'Malley to Direct staff to prepare and execute a formal CC Draft Minutes 06/14/05 Page 8 of 12 17 agreement that would allow stockpiling of materials in the southern portion of Phase 2; and, request the operator provide an updated restoration cost estimate for staff's review. Upon staff's approval of the estimate, a new financial assurance bond would be required to be posted. Motion passed 5:0 by a roll-call vote. (Contract No. 2005-026) 4. Inclusionary Housing Policy/ Discussion of Program Options ■ Fiscal Impact: None. ■ Recommendations: Council provide staff with direction on how to proceed with potential modifications to the City's inclusionary housing program. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council Council comments were as follows: Mayor Pro Tem O'Malley 1. Concerned about the State requirement. 2. Good to direct resources toward lower income. 3. Must be more proactive toward lower income housing, and perhaps partnering with some private groups. 4. Important to not loose single family housing stock without a plan for getting the multi-family units in place. 5. Is there a way to include an inflation factor? Council Member Clay 1. Important to involve Jerry Bunin of the Builders Association in whatever is done. 2. In favor of improving the policy if that is possible. 3. Not for this entirely but willing to look at improving our present inclusionary housing set up. Council Member Luna 1. Concerned about the staff time necessary to implement the policy and that it may build a bigger bureaucracy. 2. Does not want to lose these affordable units when only two years into the program. Council Member Pacas: 1. Concerned with early opt out program and losing these affordable homes. 2. Itis premature this early on to make this change. 3. There is the potential to replace built existing affordable units with no guarantee that affordable units will be built to replace them. 4. Converts moderately priced homes into funding for low income housing when moderately priced homes were one of the city's greatest needs. CC Draft Minutes 06/14/05 Page 9 of 12 18 5. Doesn't recoup density bonuses from developers. 6. This will increase developing low income projects, while the current program is insures an integration of housing. Mayor Scalise 1. Must achieve goals of home ownership with very few changes in bureaucracy levels. 2. In favor of continuing the public/private partnerships. PUBLIC COMMENT Ellen Beraud, Planning Commissioner, raised several issues: 1) potential loss of housing stock, 2) need for incentive for local homeowners to stay in units, 3) loss of affordable housing, and 4) including a method to cover administrative costs for staff time in any equity sharing program. Vera Wallen, League of Women Voters of SLO County, complimented Atascadero as a model in the housing area, and explained the League's local workforce housing position and its goals. Jerry Bunin, Government Affairs Director for Builders Association, explained why the Association doesn't think inclusionary housing is effective. Reed Harris, Midland Pacific Homes, explained the problems with this program that they as developers see. Robert Fonzi, Planning Commissioner, explained why it is premature at this point to revise the program. She suggested further study to look at issues like down payment assistance and rethinking Atascadero's density. Jim Patterson, 5th District Supervisor, raised several points: 1) must be careful about doing away with the affordable housing that has been created, 2) the importance of mixed housing and staying away from project type developments, 3) density, 4) establishment of a housing authority, and 5) creating a mechanism for shared equity. Anthony Hopper asked about the incomes levels necessary to qualify for the moderate, low and very low income categories. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Scalise and seconded by Mayor Pro Tem O'Malley to have staff come back at a date soon with some analysis based on what has been said tonight on how we can look at doing an equity share and providing a private sector partnership. Staff is to utilize all expertise available including information from lenders, and any quantifiable information that assesses the CC Draft Minutes 06/14/05 Page 10 of 12 19 i problem would be included. This is to come back in a form allowing the Council to take action if they wanted to do so. Motion failed 2:3 by a roll-call vote. (Clay, Pacas, Luna opposed) Council Members Clay and Luna stated they could support the motion if it comes back as an informational item only. MOTION: By Mayor Scalise and seconded by Council Member Clay to have staff come back at a date soon with some analysis based on what has been said tonight on how we can look at doing an equity share and providing a private sector partnership. Staff is to utilize all expertise available including information from lenders and any quantifiable information that assesses the problem would be included. This is to come back as an informational item only. Motion passed 5:0 by a voice vote. D. COMMITTEE & LIAISON REPORTS: Council Member Clay 1. North County Water Purveyors Group: Paso Robles water basin final study presented; there is good water for quite a while but will need Nacimiento water eventually. Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA): Atascadero/SLO commuter spends $380/year driving to San Luis Obispo if driving alone while a monthly bus pass is only $30. Regarding Proposition 42, the legislature is strongly supportive. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney informed Council that the Channel Counties Division meeting is scheduled for August 26th, which is the same date as the Strategic Planning Session. There was Council consensus to reschedule the two-day Strategic Planning Session. The color palette and architects drawing for the Youth Center was shown to Council. is CC Draft Minutes 06/14/05 Page 11 of 12 20 F. ADJOURNMENT: Mayor Scalise adjourned the meeting at 10:26 p.m. to the next regularly scheduled meeting of the City Council on June 28, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk III CC Draft Minutes 06/14/05 Page 12 of 12 21 ITEM NUMBER: A-2 DATE: 08/09/05 Isla 1079bCITY OF A TA SCA DERO � CITY COUNCIL DRAFT MINUTES Tuesday, June 28, 2005 7:00 P.M. CLOSED SESSION: 6:42 p.m. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION • Casey Sullivan stated she lives next door to Ralph's Meat Packing. She gave a brief history of the business and expressed concern regarding how it has grown in recent years. 2. CALL TO ORDER a) Conference with Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. b) Conference with legal counsel — Existing Litigation (Govt. Code Sec. 54956.9 (a)) 1. City of Atascadero v. Dorsey et al. 3. ADJOURN: 7:22 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that Council met in closed session and no reportable action was taken. CC Draft Minutes 06/28/05 Page 1 of 6 22 REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:24 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Fire Chief Kurt Stone, Police Chief John Couch, Deputy Public Works Director Geoff English, Deputy Executive Director of Redevelopment Marty Tracey, Deputy Administrative Services Director Jeri Rangel and City Attorney Patrick Enright. COMMUNITY FORUM: • Pastor Tom Farrell, Atascadero Bible Church, led those present in prayer. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem O'Malley reported on his meeting with the new Manager of the Carlton Hotel and of their interest in participating in community events. Council Member Clay spoke of the need for a community swimming pool in Atascadero. CC Draft Minutes 06/28/05 Page 2 of 6 23 PRESENTATIONS: 1. Presentation by City Manager Wade McKinney to Casey Bryson, Fire Captain. City Manager Wade McKinney recognized Fire Captain Casey Bryson and presented him with a plaque. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — May 24, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of May 24, 2005. [City Clerk] 2. February 2005 Accounts Payable and Payroll • Fiscal Impact: Total expenditures for all funds is $1,393,656.92. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for February 2005. [Administrative Services] 3. March 2005 Accounts Payable and Payroll ■ Fiscal Impact: Total expenditures for all funds is $1,533,245.97. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2005. [Administrative Services] 4. April 2005 Accounts Payable and Payroll • Fiscal Impact: Total expenditures for all funds is $1,795,636.05. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2005. [Administrative Services] 5. Title 8 Building Regulations Update / 2004 California Electrical Code Adoption with Minor Modifications ■ Fiscal Impact: None. ■ Recommendation: Council approve on second reading, by title only, Draft Ordinance A approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building Regulations. [Community Development] CC Draft Minutes 06/28/05 Page 3 of 6 24 6. Final Map 2004-0101 (Tract 2577) 1325 EI Camino Real (TTM 2003-0037) is (D. A. Feytko) ■ Fiscal Impact: None. ■ Recommendations: Council: 1 . Accept Final Parcel Map 2004-0101 (Tract 2577); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Streets, Public Drainage Easement and Public Utility Easement; and, 3. Accept offer of dedication for Public Access Easement; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5 and 6. Motion passed 5:0 by a roll-call vote. (Item #A-5 Ordinance No. 477, Item #A-6 Contract No. 2005-027) B. PUBLIC HEARINGS: 1. Operating Budget 2005 - 2007 • Fiscal Impact: Total expenditures for all funds in 2005-2006 is $34,955,060.00. Total expenditures for all funds in 2006-2007 is $31,678,500.00. ■ Recommendations: Council: 1. Adopt Draft Resolution for Budgets for the 2005-2006 and the 2006- 2007 fiscal years and delegate to the City Manager the authority to implement same;and 2. Adopt Draft Resolution for the fiscal year 2005-2006 Annual Spending Limit. [City Manager] Administrative Services Director Rachelle Rickard gave the staff report and with City Manager Wade McKinney answered questions of Council PUBLIC COMMENT— None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt Draft Resolution for Budgets for the 2005-2006 and the 2006-2007 fiscal years and delegate to the City Manager the authority to implement same; and adopt Draft Resolution for the fiscal year 2005-2006 Annual Spending Limit. Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2005- 056, 2005-057) CC Draft Minutes 06/28/05 Page 4 of 6 25 C. MANAGEMENT: 1. Memorandums of Understanding for Atascadero Firefighters Bargaining Unit, Atascadero Police Association, and Resolution for Non- Represented Professional and Management Workers and Confidential Employees ■ Fiscal Impact: 4% of salary in 2005-2006 and 3% of salary in 2006-2007. ■ Recommendations: Council: 1. Approve Memorandums of Understanding and draft Resolution, authorizing salaries and benefits for the above-named employee groups; and, 2. Approve the Salary Schedule, effective July 1, 2005. [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of Council. PUBLIC COMMENT— None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to approve Memorandums of Understanding and draft Resolution, authorizing salaries and benefits for the above- named employee groups; and, approve the Salary Schedule, • effective July 1, 2005. Motion passed by a roll-call vote. (Memorandums of Understanding Nos. 2005-028 (police) and 2005-029 (fire), Resolution No. 2005-058) D. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem O'Malley 1. Finance Committee: met and reviewed community grants, which will be up for review soon. 2. Air Pollution Control District (APCD): Mayor Pro Tem O'Malley has been elected as Chair for next year. 3. Economic Vitality Corporation, Board of Directors (EVC): Mayor Pro Tem O'Malley will be Treasurer starting in July. 4. League of California Cities — Grassroots Network: attended policy committee meeting in Southern California. 5. City / Schools Committee: met with Superintendent who has voiced support fora Performing Arts Center partnership in the community. 6. Economic Opportunity Commission (EOC): received renewed funding for homeless shelter in community. CC Draft Minutes 06/28/05 Page 5 of 6 26 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay wished KPRL newscaster Joe Bensen a speedy recovery. F. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:04 p.m. to the next regularly scheduled meeting of the City Council on July 12, 2005 MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 06/28/05 Page 6 of 6 27 ITEM NUMBER: A-3 DATE: 08/09/05 19'$ 9 CITY OF ATASCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, July 12, 2005, 7:00 P.M. CLOSED SESSION: 6:51 -p.m. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION Eric Greening, urged Council to consider abating the health nuisance of the puddle that does not drain at the entrance to Stadium Park. Shawn Hoff, part owner of property in front of Stadium Park, stated he would like • to work with the City to develop town homes on this property while granting the city their needed access. Mayor Scalise closed the Public Comment period. 2. CALL TO ORDER a) Conference with legal counsel — anticipated litigation — access to Stadium Park Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b). b) Conference with Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Mid-Management/Professional, Service Employees Intl. Union Local 620 3. ADJOURN: 7:37 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that: 1) Council met in closed session and had a conference with legal council regarding anticipated litigation with no reportable action, and 2) Council met with the labor negotiator and gave him further directions. CC Draft Minutes 07/12/05 Page 1 of 8 28 REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:40 p.m. and Mayor Pro Tem O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Pacas, O'Malley and Mayor Scalise Absent: Council Member Luna Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Accounting Specialist Jeri Knott, Deputy Executive Director of Redevelopment Marty Tracey, and City Attorney Patrick Enright. • COMMUNITY FORUM: Michael Galdo, Atascadero Four Square Church, led those present in prayer. Ann Ketcherside raised several issues including: the status of Ortega Road, clarification of zoning for a specific property, and pedestrian safety at signaled crosswalks. Eric Greening requested updates on the new City Hall building including the date for occupancy, the creek, EIR, and access during construction of surrounding property. Mayor Scalise closed the Community Forum period. City Manager Wade McKinney reported on the status of City Hall, the creek restoration and spoke about the reprogramming signals at pedestrian crossings. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve the agenda. Motion passed 4:0 by a roll-call vote. or CC Draft Minutes 07/12/05 Page 2 of 8 29 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem O'Malley gave an update on Colony Days and acknowledged Mayor Scalise who has contributed $100 toward the Mayor's Tent. A. CONSENT CALENDAR: 1. January 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for January 2005. [City Treasurer] 2. February 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for February 2005. [City Treasurer] 3. March 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for March 2005. [City Treasurer] 4. April 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for April 2005. [City Treasurer] 5. Human Services Grants ■ Fiscal Impact: The program is budgeted at $20,000. ■ Recommendation: Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] 6. Senior Hotel Project ■ Fiscal Impact: The sum of $142,918.00 to be paid from the Agency Low/Moderate Housing Fund. ■ Recommendation: Council approve the Draft Resolution finding that the use of Redevelopment Agency Housing Funds to assist the development of an affordable senior housing project within the City is of benefit to the redevelopment project area. [City Manager] CC Draft Minutes 07/12/05 Page 3 of 8 30 7. Hot EI Camino Nite Road Closure ■ Fiscal Impact: None. ■ Recommendation: Council approve the Draft Resolution authorizing the closure of EI Camino Real from Curbaril to West Mall on Friday, August 19th, 2005 from 6:30 p.m. until 8:30 p.m. [Community Services] 8. Final Map 2005-0119 (Tract 2721) 8320 Santa Ynez Ave. (TTM 2004- 0063) (Bennett/Sholders) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0119 (Tract 2721); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement. [Public Works] Items pulled: Mayor Pro Tem O'Malley, Item #A-5; City Manager Wade McKinney, Item #A-7. MOTION: By Council Member Clay and seconded by Council Member Pacas to approve Items #A-1, 2, 3, 4, 6 and 8. Motion passed 4:0 by a roll-call vote. (Item #A-6 Resolution No. 2005-061) Item #5: Mayor Pro Tem O'Malley spoke about the Human Services Grants, and thanked those organizations that went through the process. Item #7: City Manager Wade McKinney asked for an amendment to the map submitted earlier and explained the new route. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve Items #A-5, and A-7 as amended. Motion passed 4:0 by a roll-call vote. (Item #A-7 Resolution No. 2005-059) CC Draft Minutes 07/12/05 Page 4 of 8 31 B. MANAGEMENT: 1. Community Facilities District ■ Fiscal Impact: Annual taxes of $440 per unit for each new residential unit with the Woodridge/Los Lomas, Colony at Apple Valley and De Anza developments will result in new annual revenues of approximately $155,000. ■ Recommendations: Council: 1. Adopt Ordinance levying and apportioning the Special Tax in the City of Atascadero Community Facilities District No. 2005-1; and, 2. Adopt Draft Resolution providing for the levy of the Special Tax in the City of Atascadero Community Facilities District No. 2005-1 for fiscal year 2005-2006. [Administrative Services] Accounting Specialist Jeri Knott gave the staff report City Attorney Patrick Enright reviewed several administrative changes made to the Ordinance: 1. Pages 79 and 80, Section 5: strike the words "is an urgency ordinance." Code Section changed to 36937D. 2. Page 80, first paragraph to be changed as follows: INTRODUCED at a regula meeting of the rite GG rnnil hel�rl�, R Fehr rani 22 2005. and "PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on July 12. 2005, by the following roll call vote. PUBLIC COMMENT— None MOTION: By Mayor Scalise and seconded by Council Member Clay to adopt Ordinance levying and apportioning the Special Tax in the City of Atascadero Community Facilities District No. 2005-1 with corrections by City Attorney; and, adopt Draft Resolution providing for the levy of the Special Tax in the City of Atascadero Community Facilities District No. 2005-1 for fiscal year 2005-2006. Motion passed 4:0 by a roll-call vote. (Ordinance #478, Resolution No. 2005-060) CC Draft Minutes 07/12/05 Page 5 of 8 32 2. De Anza Estates Assessment Districts ■ Fiscal Impact: There is no fiscal impact to general residents within the City. ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 03 — De Anza Estates; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, 2. Adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 03 — De Anza Estates; and, 3. Adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 03 — De Anza Estates; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 03 — De Anza Estates; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, 5. Adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 03 — De Anza Estates; and, 6. Adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 03 — De Anza Estates; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. [Administrative Services] Accounting Specialist Jeri Knott gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening raised several questions including: percentages for maintenance costs, actual trail surface, and whether a cultural resource management plan has been completed for the project. Community Services Director Warren Frace addressed Mr. Greening's questions. Mayor Scalise closed the Public Comment period. • CC Draft Minutes 07/12/05 Page 6 of 8 33 MOTION: By Council Member Clay and seconded by Mayor Pro Tem O'Malley to adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 03 - De Anza Estates; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 03 De Anza Estates; and, adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 03 - De Anza Estates; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters; and, adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 03 - De Anza Estates; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 03 - De • Anza Estates; and, adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 03 - De Anza Estates; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. Motion passed 4:0 by a roll-call vote. (Resolution Nos. 2005- 062, 2005-063, 2005-064, 2005-065, 2005-066, 2005-027) 005- 062, 2005-063, 2005-064, 2005-065, 2005-066, 2005-027) C. COMMITTEE & LIAISON REPORTS: None D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay expressed concern that there is no public swimming pool in Atascadero. CC Draft Minutes 07/12/05 Page 7 of 8 34 City Manager • City Manager McKinney spoke about the Strategic Planning Workshop and proposed conducting the evaluation on a week day night and conducting the Strategic Planning on a Saturday. There was Council agreement to conduct the evaluation and Planning as proposed. E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:14 p.m. to the next regularly scheduled meeting of the City Council on August 9, 2005. i MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk • CC Draft Minutes 07/12/05 Page 8 of 8 35 ITEM NUMBER: A -- 4 ,. ■a a ■ DATE: 0$/09/05 ion �8 Atascadero City Council Staff Report - Administrative Services Department May 2005 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2005. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 5/5/05 Checks # 21069 - 21137 $ 66,367.47 Direct Deposits 152,828.26 • Dated 5/19/05 Checks # 21138 - 21205 69,692.33 Direct Deposits 150,547.88 Accounts Payable Dated 5/1/05 - 5/31/05 Checks# 100047 - 100406 & EFTs 345 - 348 1,065,340.03 TOTAL AMOUNT $ 1,504,775.97 FISCAL IMPACT: Total expenditures for all funds is $ 1,504,775.97 CERTIFICATION: The undersigned certifies that the attached demands have been released for pa ment and that funds are available for these demands. Rachelle Rickard, Director of Administrative Services Approved by the City Council at a meeting held August 9, 2005. ATTACHMENT: Marcia McClure Torgerson, C.M.C., City Clerk May 2005 Eden Warrant Register in the amount of $ 1,065,340.03 36 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check *tuber Date Vendor Description Amount 345 5/2/2005 MID-STATE BANK Accounts Payable Check 181.20 100047 5/6/2005 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 360.00 100048 5/6/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 100049 5/6/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 400.29 100050 5/6/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 100051 5/6/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,752.07 100052 5/6/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,072.79 100053 5/6/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,366.92 100054 5/6/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 868.46 100055 5/6/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 100056 5/6/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 840.59 100057 5/6/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 100058 5/6/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 57,107.88 100059 5/6/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 704.08 100060 5/6/2005 SLO CREDIT UNION Payroll Vendor Payment 650.00 10100061 5/6/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 28.00 100062 5/6/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 88,139.31 100063 5/6/2005 AFLAC Payroll Vendor Payment 3,198.20 100064 5/6/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,710.75 100065 5/6/2005 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 8,377.30 100066 5/6/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 986.86 346 5/10/2005 MID-STATE BANK Payroll Vendor Payment 35,024.94 100067 5/10/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 2,300.00 100068 5/13/2005 A-JAY EXCAVATING,INC. Accounts Payable Check 2,321.85 100069 5/13/2005 ACTION FAX&PRINTER Accounts Payable Check 145.80 100070 5/13/2005 ACTION TOWING Accounts Payable Check 50.00 100071 5/13/2005 ALLIANCE TOWING Accounts Payable Check 45.00 100072 5/13/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 737.00 100073 5/13/2005 AMERICAN EXPRESS Accounts Payable Check 341.81 100074 5/13/2005 ANDIAMO TELECOM Accounts Payable Check 33.41 100075 5/13/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 411.88 100076 5/13/2005 GINA ARIAS Accounts Payable Check 79.82 100077 5/13/2005 AT&T Accounts Payable Check 77.38 100078 5/13/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 281.01 38 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check Number Date Vendor Description Amount 100079 5/13/2005 ATASCADERO FORD Accounts Payable Check 1,095.14 100080 5/13/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 78.00 100081 5/13/2005 ATASCADERO NEWS Accounts Payable Check 1,293.10 100082 5/13/2005 ATASCADERO PLUMBING Accounts Payable Check 247.50 100083 5/13/2005 ATASCADERO TEMPLE ASSOCIATION Accounts Payable Check 1,034.00 100084 5/13/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 942.00 100085 5/13/2005 JOHN M.BAUGHMAN Accounts Payable Check 51.00 100086 5/13/2005 CINDY K.BENSON Accounts Payable Check 756.00 100087 5/13/2005 DIANE L.BISTAGNE Accounts Payable Check 86.80 100088 5/13/2005 JOHN BLAIR Accounts Payable Check 139.37 100089 5/13/2005 BRENDLER JANITORIAL SERVICE Accounts Payable Check 740.00 100090 5/13/2005 C.A.P.E. Accounts Payable Check 35.00 100091 5/13/2005 CAL-COAST REFRIGERATION,INC Accounts Payable Check 1,815.07 100092 5/13/2005 CALIFORNIA CITY MGMNT FOUNDATN Accounts Payable Check 300.00 100093 5/13/2005 CALIFORNIA CODE CHECK Accounts Payable Check 9,619.55 100094 5/13/2005 CALIFORNIA PARKS&RECREATION Accounts Payable Check 415.00 100095 5/13/2005 CARLTON HOTEL Accounts Payable Check 459.39 100096 5/13/2005 JASON F.CARR Accounts Payable Check 2.0 100097 5/13/2005 CENTRAL COAST PLUMBING SUPPLY Accounts Payable Check 67.00 100098 5/13/2005 CENTRAL COAST SPORTS Accounts Payable Check 618.55 100099 5/13/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 320.00 100100 5/13/2005 CHEM CLEAN Accounts Payable Check 786.36 100101 5/13/2005 BRADY CHERRY Accounts Payable Check 300.00 100102 5/13/2005 CHEVRON Accounts Payable Check 1,102.51 100103 5/13/2005 CHICAGO GRADE LANDFILL Accounts Payable Check 396.70 100104 5/13/2005 CINGULAR WIRELESS Accounts Payable Check 89.48 100105 5/13/2005 CITY OF SAN LUIS OBISPO Accounts Payable Check 1,000.00 100106 5/13/2005 JERRY L.CLAY Accounts Payable Check 75.00 100107 5/13/2005 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 100108 5/13/2005 COAST ELECTRONICS Accounts Payable Check 2,938.26 100109 5/13/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 341.06 100110 5/13/2005 COASTLINE EQUIPMENT Accounts Payable Check 331.55 100111 5/13/2005 CONOCOPHILLIPS Accounts Payable Check 3,875.00 100112 5/13/2005 CPOA Accounts Payable Check 200.00 100113 5/13/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 84.0 100114 5/13/2005 CUESTA COLLEGE Accounts Payable Check 1,980.00 39 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check umber Date Vendor Description Amount 100115 5/13/2005 DAVID VOLZ DESIGN Accounts Payable Check 609.11 100116 5/13/2005 DAN DAVIS Accounts Payable Check 196.00 100117 5/13/2005 DECOU LUMBER COMPANY Accounts Payable Check 20.27 100118 5/13/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,980.88 100119 5/13/2005 DOGGIE WALK BAGS COMPANY Accounts Payable Check 279.38 100120 5/13/2005 LISA DOHERTY Accounts Payable Check 200.00 100121 5/13/2005 DRIVER ALLIANT INSURANCE SVC Accounts Payable Check 1,870.00 100122 5/13/2005 EDEN SYSTEMS,INC. Accounts Payable Check 31.25 100123 5/13/2005 EL CAMINO ASSOCIATES Accounts Payable Check 11,253.06 100124 5/13/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 45.00 100125 5/13/2005 ESCUELA DEL RIO Accounts Payable Check 64.80 100126 5/13/2005 FAMILY&INDUSTRIAL MEDICAL CT Accounts Payable Check 40.00 100127 5/13/2005 FEDERAL EXPRESS Accounts Payable Check 233.26 100128 5/13/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 138.64 100129 5/13/2005 FENDER'S AUTO SERVICE Accounts Payable Check 240.50 100130 5/13/2005 CALVIN J.FERNANDES Accounts Payable Check 450.00 9100131 5/13/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 99.00 100132 5/13/2005 FGL ENVIRONMENTAL Accounts Payable Check 409.20 100133 5/13/2005 FIRSTLINE,LLC Accounts Payable Check 61.13 100134 5/13/2005 CANDYCE FLOHAUG Accounts Payable Check 780.00 100135 5/13/2005 FOOD FOR LESS Accounts Payable Check 15.24 100136 5/13/2005 WARREN FRACE Accounts Payable Check 300.00 100137 5/13/2005 GAS COMPANY Accounts Payable Check 192.47 100138 5/13/2005 GEM AUTO PARTS Accounts Payable Check 784.51 100139 5/13/2005 GILBERT'S LANDSCAPES Accounts Payable Check 560.00 100140 5/13/2005 GLENN,BURDETTE,PHILLIPS,& Accounts Payable Check 5,740.00 100141 5/13/2005 KENNETH GLYNN Accounts Payable Check 308.00 100142 5/13/2005 GRISANTI HARDWARE Accounts Payable Check 11.09 100143 5/13/2005 H.D.PETERSON Accounts Payable Check 764.33 100144 5/13/2005 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 237.09 100145 5/13/2005 INFORMATION TECHNOLOGY Accounts Payable Check 1,912.88 100146 5/13/2005 INGLIS PET HOTEL Accounts Payable Check 10.67 100147 5/13/2005 EVELYN INGRAM Accounts Payable Check 693.00 100148 5/13/2005 J&S SWEEPING SERVICE Accounts Payable Check 1,540.00 • 100149 5/13/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,500.00 40 City of Atascadero Disbursement Listin¢ For the Month of May 2005 Check Check Number Date Vendor Description Amount . 100150 5/13/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 144.87 100151 5/13/2005 STEVEN KAHN Accounts Payable Check 300.00 100152 5/13/2005 KEN'S MOBIL SERVICE Accounts Payable Check 2,757.27 100153 5/13/2005 KPRL 1230 AM Accounts Payable Check 1,088.00 100154 5/13/2005 KRONICK,MOSKOVITZ,TIEDEMANN,& Accounts Payable Check 13,241.12 100155 5/13/2005 LAGUNA MFG.,INC. Accounts Payable Check 37.85 100156 5/13/2005 LEE WILSON ELECTRICCO.INC Accounts Payable Check 2,240.00 100157 5/13/2005 JAMES R.LEWIS Accounts Payable Check 250.00 100158 5/13/2005 LOCATE PLUS CORPORATION Accounts Payable Check 15.00 100159 5/1312005 GEORGE W.LUNA Accounts Payable Check 75.00 100160 5/13/2005 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 289.05 100161 5/13/2005 MARK MARKWORT Accounts Payable Check 80.00 100162 5/13/2005 ROBERT MAXWELL Accounts Payable Check 210.00 100163 5/13/2005 DAVID MCCOID Accounts Payable Check 25.00 100164 5/13/2005 WADE MCKINNEY Accounts Payable Check 643.00 100165 5/13/2005 MEDWORKS,INC. Accounts Payable Check 130.00 100166 5/13/2005 MID-COAST MOWER&SAW Accounts Payable Check 10.62 100167 5/13/2005 MIDTOWN SPORTS,INC. Accounts Payable Check 3,572.40 100168 5/13/2005 MINER'S ACE HARDWARE Accounts Payable Check 334.47 100169 5/13/2005 MISSION UNIFORM SERVICE Accounts Payable Check 34.42 100170 5/13/2005 MMASC Accounts Payable Check 150.00 100171 5/13/2005 NAPA VALLEY COLLEGE Accounts Payable Check 200.00 100172 5/13/2005 NATIVE SONS Accounts Payable Check 1,422.89 100173 5/13/2005 -NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279.95 100174 5/13/2005 NORTH COUNTY GLASS Accounts Payable Check 90.00 100175 5/13/2005 THOMAS P.O'MALLEY Accounts Payable Check 652.32 100176 5/13/2005 OFFICE DEPOT INC. Accounts Payable Check 1,111.46 100177 5/13/2005 OUTLET TOOL SUPPLY Accounts Payable Check 54.59 100178 5/13/2005 BECKY J.PACAS Accounts Payable Check 75.00 100180 5/13/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 23,343.45 100181 5/13/2005 PASO ROBLES HEATING&AIR COND Accounts Payable Check 60,000.00 100182 5/13/2005 DAVE PAYTON Accounts Payable Check 56.00 100183 5/13/2005 KATHLEEN A.PENCE Accounts Payable Check 5,687.50 100184 5/13/2005 PERKINS,ELLEN Accounts Payable Check 195.23 100185 5/13/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 144.5. 100186 5/13/2005 PFEIFFER PARTNERS,INC. Accounts Payable Check 127,880.93 41 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check *ember Date Vendor Description Amount 100187 5/13/2005 PPS TOP SHOP Accounts Payable Check 28.96 100188 5/13/2005 PLAYPOWER LT FARMINGTON,INC. Accounts Payable Check 173.95 100189 5/13/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 83.60 100190 5/13/2005 PSC INDUSTRIAL OUTSCOURCING IN Accounts Payable Check 590.00 100191 5/13/2005 PUBLIC EMPLOYEES'RETIREMENT Accounts Payable Check 400.00 100192 5/13/2005 GRACE L.PUCCI Accounts Payable Check 435.00 100193 5/13/2005 QUILL CORPORATION Accounts Payable Check 36.80 100194 5/13/2005 QUINN RENTAL SERVICES Accounts Payable Check 94.38 100195 5/13/2005 RADIO SHACK CORPORATION Accounts Payable Check 37.82 100196 5/13/2005 RAK INDUSTRIES Accounts Payable Check 939.84 100197 5/13/2005 RECOGNITION WORKS Accounts Payable Check 71.43 100198 5/13/2005 RED'S PLUMBING Accounts Payable Check 450.00 100199 5/13/2005 RACHELLE RICKARD Accounts Payable Check 300.00 100200 5/13/2005 STEVE ROMO Accounts Payable Check 51.00 100201 5/13/2005 SAN LUIS PERSONNEL INC. Accounts Payable Check 2,525.04 100202 5/13/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 417.39 100203 5/13/2005 SANTA MARIA TOOL,INC. Accounts Payable Check 2,869.01 •100204 5/13/2005 SBC Accounts Payable Check 210.65 100206 5/13/2005 SBC/MCI Accounts Payable Check 703.58 j 100207 5/13/2005 WENDY SCALISE Accounts Payable Check 75.00 100208 5/13/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 575.00 100209 5/13/2005 LISETTE SCHOLL Accounts Payable Check 219.80 100210 5/13/2005 SCMAF25.00 Accounts Payable Check 100211 5/13/2005 JOHN SIEMENS Accounts Payable Check 333.45 100212 5/13/2005 SIGN OUTLET Accounts Payable Check 2,040.97 100213 5/13/2005 DAVID L. SMAW Accounts Payable Check 102.00 100214 5/13/2005 STAPLES CREDIT PLAN Accounts Payable Check 91.94 100215 5/13/2005 STEIN'S DELI Accounts Payable Check 60.00 100216 5/13/2005 STERLING COMMUNICATIONS Accounts Payable Check 772.76 100217 5/13/2005 SUNLIGHT JANITORIAL Accounts Payable Check 1,448.68 100218 5/13/2005 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 271.98 100219 5/13/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 355.00 j I 100220 5/13/2005 TAYLOR RENTAL CENTER Accounts Payable Check 28.42 100221 5/13/2005 TED MILES JEEP Accounts Payable Check 81.19 • 100222 5/13/2005 MARCIA TORGERSON Accounts Payable Check 166.54 42 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check Number Date Vendor Description Amount 100223 5/13/2005 TRIBUNE Accounts Payable Check 954.84 100224 5/13/2005 WADE A.TWEEDY Accounts Payable Check 40.00 100225 5/13/2005 U.S.POSTMASTER Accounts Payable Check 392.53 100226 5/13/2005 ULTREX BUSINESS PRODUCTS Accounts Payable Check 296.35 100227 5/13/2005 UNION ASPHALT,INC. Accounts Payable Check 345.17 100228 5/13/2005 UNION PACIFIC RAILROAD CO Accounts Payable Check 9,332.47 100229 5/13/2005 UNISOURCE Accounts Payable Check 554.57 100230 5/13/2005 UNITED RENTALS NORTHWEST,INC Accounts Payable Check 502.68 100231 5/13/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,214.52 100232 5/13/2005 RENE VASQUEZ Accounts Payable Check 30.00 100233 5/13/2005 VERIZON WIRELESS Accounts Payable Check 1,727 28 100234 5/13/2005 TOM WAY Accounts Payable Check 60.00 100235 5/13/2005 WESTERN FARM SERVICE,INC. Accounts Payable Check 2,393.66 100236 5/13/2005 THOMAS WHALEY Accounts Payable Check 260.73 100237 5/13/2005 SUSAN M.WILLIAMS Accounts Payable Check 7.13 100238 5/13/2005 JEFF WILSHUSEN Accounts Payable Check 500.00 100239 5/13/2005 Z.A.P.MANUFACTURING,INC. Accounts Payable Check 738.12 100240 5/13/2005 ZEBRA TECHNOLOGIES INTL.,LLC Accounts Payable Check 173.1! 348 5/18/2005 MID-STATE BANK Accounts Payable Check 15.87 100258 5/19/2005 ATASCADERO RECREATION CTR COMM Accounts Payable Check 1,200.00 100259 5/19/2005 JAMES R.LEWIS Accounts Payable Check 160.00 5/20/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor 100241 yr Payment 540.00 100242 5/20/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 100243 5/20/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 400.29 100244 5/20/2005 AXA EQUITABLE Payroll Vendor Payment 371.15 100245 5/20/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 100246 5/20/2005 CITIPAC Payroll Vendor Payment 51.50 100247 5/20/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,943.37 100248 5/20/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,065.20 100249 5/20/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,366.92 100250 5/20/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 868.46 100251 5/20/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 100252 5/20/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 750.45 100253 5/20/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.0 43 City of Atascadero Disbursement Listins For the Month of May 2005 Check Check umber Date Vendor Description Amount 100254 5/20/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 57,073.46 100255 5/20/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 703.40 i 100256 5/20/2005 SLO CREDIT UNION Payroll Vendor Payment 650.00 100257 5/20/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 28.00 I 347 5/24/2005 MID-STATE BANK Payroll Vendor Payment 36,048.43 100260 5/26/2005 DINYARI,INC. Accounts Payable Check 19,645.04 100261 5/27/2005 A-JAY EXCAVATING,INC. Accounts Payable Check 2,172.92 100262 5/27/2005 ACTION FAX&PRINTER Accounts Payable Check 155.51 100263 5/27/2005 ADAMSON POLICE PRODUCTS Accounts Payable Check 422.18 100264 5/27/2005 ALBERTSONS Accounts Payable Check 30.64 100265 5/27/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 1,057.27 100266 5/27/2005 ALLIANCE TOWING Accounts Payable Check 90.00 100267 5/27/2005 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 3,895.43 100268 5/27/2005 AMERICAN AIRLINES CARGO ACCTG Accounts Payable Check 173.20 100269 5/27/2005 ANTECH DIAGNOSTICS Accounts Payable Check 778.50 • 100270 5/27/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 402.74 100271 5/27/2005 ASAP REPROGRAPHICS Accounts Payable Check 193.05 100272 5/27/2005 ATASCADERO FORD Accounts Payable Check 1,064.03 100273 5/27/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 80.00 100274 5/27/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 856.32 100275 5/27/2005 AVAYA INC. Accounts Payable Check 22.42 100276 5/27/2005 ALAN BAKER Accounts Payable Check 235.23 100277 5/27/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 102.61 100278 5/27/2005 BATTERY SYSTEMS Accounts Payable Check 61.08 100279 5/27/2005 AARON BROWN Accounts Payable Check 252.72 100280 5/27/2005 DALE A.BYWATER Accounts Payable Check 3,650.00 100281 5/27/2005 CALIF CONTRACTORS SUPPLIES INC Accounts Payable Check 129.90 100282 5/27/2005 CALIFORNIA CODE CHECK Accounts Payable Check 16,837.27 100283 5/27/2005 RAYMOND G.CALISTRO Accounts Payable Check 85.00 100284 5/27/2005 JALAINE CARRITHERS Accounts Payable Check 21.46 100285 5/27/2005 JOSEPH M.CARRO Accounts Payable Check 318.50 100286 5/27/2005 CELLULAR ONE Accounts Payable Check 913.45 • 100287 5/27/2005 CENTRAL COAST SEA FOOD Accounts Payable Check 149.25 100288 5/27/2005 CENTRAL COAST SPORTS Accounts Payable Check 790.00 44 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check Number Date Vendor Description Amount S 100289 5/27/2005 CENTRAL VALLEY TOXICOLOGY Accounts Payable Check 63.00 100290 5/27/2005 CHEM CLEAN Accounts Payable Check 165.55 100291 5/27/2005 CHEVRON Accounts Payable Check 992.33 100292 5/27/2005 CINGULAR WIRELESS Accounts Payable Check 24.00 100293 5/27/2005 CITY NATIONAL BANK Accounts Payable Check 139,406.25 100294 5/27/2005 COAST ELECTRONICS Accounts Payable Check 1,386.27 100295 5/27/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 93.31 100296 5/27/2005 SALVADOR CONTRERAS Accounts Payable Check 40.00 100297 5/27/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 98.00 100298 5/27/2005 CTM GROUP,INC. Accounts Payable Check 126.70 100299 5/27/2005 CUESTA COLLEGE Accounts Payable Check 45.11 100300 5/27/2005 BRIAN DANA Accounts Payable Check 154.83 100301 5/27/2005 NANCY DAVIDO Accounts Payable Check 452.00 100302 5/27/2005 DECOU LUMBER COMPANY Accounts Payable Check 1,431.16 100303 5/27/2005 DEPARTMENT OF WATER RESOURCES Accounts Payable Check 1,830.00 100304 5/27/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 29.90 100305 5/27/2005 EMERGENCY MEDICAL PRODUCTS Accounts Payable Check 1,265.13 100306 5/27/2005 ESCUELA DEL RIO Accounts Payable Check 97.20 100307 5/27/2005 EXXON MOBIL Accounts Payable Check 1,565.40 100308 5/27/2005 FARM SUPPLY COMPANY Accounts Payable Check 30.02 100309 5/27/2005 FEDERAL EXPRESS Accounts Payable Check 177.38 100310 5/27/2005 FGL ENVIRONMENTAL Accounts Payable Check 122.20 100311 5/27/2005 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00 100312 5/27/2005 FOOD FOR LESS Accounts Payable Check 174.75 100313 5/27/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 112.80 100314 5/27/2005 GAS COMPANY Accounts Payable Check 934.49 100315 5/27/2005 . GLEN GAULTNEY Accounts Payable Check 5,260.54 100316 5/27/2005 GEM AUTO PARTS Accounts Payable Check 344.11 100317 5/27/2005 MIKE GIL Accounts Payable Check 51.00 100321 5/27/2005 GRAVES CREEK ESTATES,LLC Accounts Payable Check 46,675.80 100322 5/27/2005 GREENAWAY CONSTRUCTION Accounts Payable Check 704.00 100323 5/27/2005 GRISANTI HARDWARE Accounts Payable Check 14.46 100324 5/27/2005 H.D.PETERSON Accounts Payable Check 367.18 100325 5/27/2005 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 762.83 100326 5/27/2005 MEREDITH HENDRICKSON Accounts Payable Check 10.0 100327 5/27/2005 HENRY SCHEIN,INC. Accounts Payable Check 114.47 45 City of Ataseadero Disbursement Listine For the Month of May 2005 Check Check umber Date Vendor Description Amount 100331 5/27/2005 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 13,386.29 100332 5/27/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 2,050.00 100333 5/27/2005 TOM JAMASON Accounts Payable Check 70.00 100334 5/27/2005 KNECHT'S PLUMBING&HEATING Accounts Payable Check 18,369.00 100335 5/27/2005 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 17,058.05 100336 5/27/2005 LANE-BRADSHAW INVESTMENTS Accounts Payable Check 12,476.13 100337 5/27/2005 JASON LECLAIR Accounts Payable Check 42.55 100338 5/27/2005 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,885.17 100339 5/27/2005 MALLORY CO Accounts Payable Check 1,587.30 100340 5/27/2005 MARK MARKWORT Accounts Payable Check 25.31 100341 5/27/2005 ROBERT MAXWELL Accounts Payable Check 385.00 100342 5/27/2005 STEVEN M.MCCLELLAN Accounts Payable Check 289.00 100343 5/27/2005 DWIGHT W.MCCURDY Accounts Payable Check 352.00 100344 5/27/2005 WADE MCKINNEY Accounts Payable Check 205.74 100345 5/27/2005 MINER'S ACE HARDWARE Accounts Payable Check 212.11 100346 5/27/2005 MISSION UNIFORM SERVICE Accounts Payable Check 105.39 18100347 5/27/2005 MOTOROLA Accounts Payable Check 79.13 100348 5/27/2005 DAVID MUEHLHAUSEN Accounts Payable Check 349.79 100349 5/27/2005 NATIONAL STAFFING LLC Accounts Payable Check 600.40 100350 5/27/2005 MARGARET NAVARRO Accounts Payable Check 100.00 100351 5/27/2005 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 288.46 100352 5/27/2005 OFFICE DEPOT INC. Accounts Payable Check 125.08 100353 5/27/2005 OMNI-MEANS,INC. Accounts Payable Check 556.00 100354 5/27/2005 ORCHARD SUPPLY HARDWARE Accounts Payable Check 71.61 100355 5/27/2005 OUTLET TOOL SUPPLY Accounts Payable Check 413.89 100356 5/27/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 2,175.29 100357 5/27/2005 PERFECT PETS,INC. Accounts Payable Check 82.00 100358 5/27/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 13.11 100359 5/27/2005 PJ'S TOP SHOP Accounts Payable Check 493.89 100360 5/27/2005 KAREN POLAND Accounts Payable Check _ 15.84 100361 5/27/2005 PRINT LOGIC,INC. Accounts Payable Check 70.00 100362 5/27/2005 PRO MOTION SIGNS&SPORTS Accounts Payable Check 75.00 100363 5/27/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 118.41 100364 5/27/2005 GRACE L.PUCCI Accounts Payable Check 712.50 .100365 5/27/2005 RADIO SHACK CORPORATION Accounts Payable Check 53.60 46 City of Atascadero Disbursement Listing For the Month of May 2005 Check Check Number Date Vendor Description Amount • 100366 5/27/2005 RECOGNITION WORKS Accounts Payable Check 126.34 100367 5/27/2005 H.G.RIEWALD Accounts Payable Check 552.00 100368 5/27/2005 VENUS RIVERA Accounts Payable Check 66.00 100369 5/27/2005 STEVE ROMO Accounts Payable Check 102.00 100370 5/27/2005 SAN LUIS OBISPO CO LABORATORY Accounts Payable Check 155.00 100371 5/27/2005 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 11,007.50 100372 5/27/2005 SAN LUIS PAPER Accounts Payable Check 165.05 100373 5/27/2005 SAN LUIS POWERHOUSE Accounts Payable Check 135.00 100374 5/27/2005 SANTA MARIA TIRE;INC. Accounts Payable Check 1,886.35 100375 5/27/2005 SBC Accounts Payable Check 1,001.95 100376 5/27/2005 SBC SMART YELLOW PAGES Accounts Payable Check 192.00 100377 5/27/2005 SBC/MCI Accounts Payable Check 90.01 100378 5/27/2005 MICHELE SCHAMBER Accounts Payable Check 31.60 100379 5/27/2005 SHELL Accounts Payable Check 121.40 100380 5/27/2005 SIGN OUTLET Accounts Payable Check 890.18 100381 5/27/2005 SMART AND FINAL Accounts Payable Check 275.48 100382 5/27/2005 DAVID L.SMAW Accounts Payable Check 51.00 100383 5/27/2005 JASON SMITH Accounts Payable Check 100.00 100384 5/27/2005 STROLE'S TRI-SERVICE Accounts Payable Check 6,450.00 100385 5/27/2005 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 464.54 100386 5/27/2005 SWITZER DIESEL REPAIR Accounts Payable Check 65.00 100387 5/27/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 25.00 100388 5/27/2005 TAYLOR RENTAL CENTER Accounts Payable Check 147.90 100389 5/27/2005 TELINJECT U.S.A. Accounts Payable Check 312.10 100390 5/27/2005 TEMPLETON UNIFORMS Accounts Payable Check 85.10 100391 5/27/2005 TESORO CAR WASH Accounts Payable Check 72.00 100392 5/27/2005 MARCIA TORGERSON Accounts Payable Check 61.03 100393 5/27/2005 TRIBUNE Accounts Payable Check 351.48 100394 5/27/2005 U.S.POSTMASTER Accounts Payable Check 38.00 100395 5/27/2005 UNION ASPHALT,INC. Accounts Payable Check 433.98 100396 5/27/2005 UPS Accounts Payable Check 14.28 100397 5/27/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 5,269.57 j 100398 5/27/2005 VERIZON WIRELESS Accounts Payable Check 321.20 100399 5/27/2005 VONS Accounts Payable Check 77.38 100400 5/27/2005 WESTERN FARM SERVICE,INC. Accounts Payable Check 1,183.50 100401 5/27/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 82.32 47 City of Atascadero Disbursement Listing For the Month of May 2005 Chk Check WE— Date Vendor Description Amount 100402 5/27/2005 THOMAS WHALEY Accounts Payable Check 229.23 100403 5/27/2005 SUSAN M.WILLIAMS Accounts Payable Check 7.13 100404 5/27/2005 WINE COUNTRY BALANCE Accounts Payable Check 199.00 100405 5/27/2005 YESTERDAYS SPORTSWEAR Accounts Payable Check 5,357.14 100406 5/27/2005 Z.A.P.MANUFACTURING,INC. Accounts Payable Check 315.78 $ 1,065,340.03 • • 48 ITEM NUMBER: A - 5 DATE: 08/09/05 ie7e A tascadero City Council May 2005 Staff Report - City Treasurer May 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for May 2005 REPORT IN BRIEF: Cash and Investments Checking $ 442,156 Money Market Accounts 43,439 Certificates of Deposit 7,146,918 Government Securities 5,169,596 • LAIF 24,001,169 Cash with Fiscal Agents 2,405,999 Cash in Banks at May 31, 2005 $ 39,209,277 Deposits in Transit - Outstanding Checks (433,063) Cash and Investments at May 31, 2005 $ 38,776,214 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 05/13/05 Commerce Bank CD $ 97,000 11/13/09 Securities Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None 41 Pagel of 14 50 CITY OF ATASCADERO TREASURER'S REPORT CASH& INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF MA Y 2005 is CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at May 1, 2005 $ 258,315 $ 35,442,809 $ 2,401,059 $ 38,102,183 Receipts 2,414,575 41,313 4,940 2,460,828 Disbursements (1,353,734) - - (1,353,734) Transfers In 990,000 1,867,000 - 2,857,000 Transfers Out (1,867,000) (990,000) - (2,857,000) Balance per Banks at May 31, 2005 $ 442,156 $ 36,361,122 $ 2,405,999 39,209,277 Deposits in Transit - • Outstanding Checks (433,063) Adjusted Treasurer's Balance $ 38,776,214 51 Page 2 of 14 O, o 0 0 ",T o O o 0 0 0 o O O N O O O O O O O O --� O O cl O O O O O O O O l- 00 C7, r- r- r- Oi v1 O, O, 00 V D, O\ O1 O, O, O, O, D, O, O w N v , W v a � e O, C, O O O O O O O O O O O O O O O O 00 O, O1 D\ D, O, O\ O, O, N In b9 Q e o 0 0 0 0 0 0 0 o e o N M M •--� M W 0 0 o e o 0 0 0 0 0 0 o M M .--i M M M 7 M �• � M WrrAA V w w w w w w w w w w w w > W e0 id id ea is O id is � 'cC is c N N O O O O O O O O O O O q M o o 0 0 0 0 0 0 0 4, L .idi h L z 3 H I a d L Eto b 3 rx a aw Ra z aai cd ww Ac7 � Q � v7 C5 � a: U aaa O v � r kr) v) W) vi In I'D ,o �' � 'C t� t� Q, O O � •ter � N �L 52 0 o v o 0 0 0 0 0 0 0 0 0 Ea o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Qz o a o o r o: vi vi Wn o o; r- o; w C, C\ N C, D1 U O D, D1 ti 69 id co �D aS c0 t0 co tO co cd e0 c3 ed V " e O O o 0 0 0 0 0 o O 0 0 0 O o 0 0 0 0 0 0 0 0 o O O o O 0 0 0 0 0 0 0 0 0 0 C o a o o r- o; v v v o Cl o; v o C) A o 0 0 0 0 0 0 0 0 oo o 0 0 0 o � M —i � o o r o 0 0 et M M M M k 0 o e o O CD V1 O ,...i w) O O O O O `a' M V' O F+ A ° hco w � � L4 O c a a U U C7 C7 U U U U U C7 U U U N N N N N Cl N N N O O O O O O O O O O O O O N O a N .N. 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" p a y a+ tw 6 w to j fn v7 w O O ��dyy " h N �G p N u N N _Oen N 59 City of Atascadero Investments by Type May 2005 Government Securities Cash with Certificates 13% Fiscal Agent of Deposit 6% Other 18% 0% LAIF 63% Investment May 2005 LAIF $ 24,001,169 Certificates of Deposit 7,146,918 Government Securities 5,169,596 Cash with Fiscal Agent 2,405,999 Other 43,439 $ 38,767,121 is Page 11 of 14 60 City of Ataseadero Investments by Maturity May 2005 One Month to One Year One to Five Years 2% 32% 'S On Demand 66% Investment May 2005 On Demand $ 24,044,608 Within One Month - One Month to One Year 826,924 One to Five Years 11,489,590 $ 36,361,122 61 Page 12 of 14 City of Atascadero Investments by Custodial Agent May 2005 Union Bank RBC Dain 32% RauscherCity of Penson 0% Atascadero Financial Corp 0% 0% Bank of New York 6% State of California 62% Custodial Agent May 2005 State of California $ 24,001,169 001 169 Penson Financial Corp. 98,887 RBC Dain Rauscher 309 Union Bank 12,211,833 Bank of New York 2,405,999 City of Atascadero 48,924 $ 38,767,121 Page 13 of 14 62 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended May 31,2005 4.00% 3.50% 3.00% 2.50% 2.00% g Lk 5 ry 1.50% 1.00% 0.50% 0.00% O� O� O� Off` Off` Off` Off` Off` �O �O y0 rl0 �O ry0 rO IF repec rye pec a� 0� for Q�� City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield May 2004 1.97% 2.53% June 2004 2.03% 2.76% July 2004 2.13% 2.64% August 2004 2.17% 2.51% September 2004 2.21% 2.53% October 2004 2.29% 2.58% November 2004 2.25% 2.85% December 2004 2.32% 3.01% January 2005 2.39% 3.22% February 2005 2.61% 3.38% March 2005 2.57% 3.73% April 2005 2.67% 3.65% May 2005 2.76% 3.64% 63 Page 14 of 14 ITEM NUMBER: A-6 DATE: 08/09/05 :e 1918 , 19 8 Atascadero City Council Staff Report- City Manager's Office Design Services RECOMMENDATION: Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for City projects including the temporary City Hall, Youth Center and Corporation Yard. . DISCUSSION: City staff circulated a Request for Proposals in October of 2004. Three firms' submitted proposals and they were invited to make presentations to a review committee. Consistent with the City's Purchasing Regulations the committee reviewed the firms, sought references and made a selection for the most qualified firm. In December, BFGC Architecture was selected. BFGC has been developing plans for the temporary City Hall and the Youth Center consistent with prior Council direction. This action would allow staff to use the firm for all architecture and design services for the projects currently underway or contemplated. There are specific projects such as the Lewis Avenue Bridge that are bid separately and would not be included under this service contract. FISCAL IMPACT: Specific costs are unknown. Costs will be contained within project approvals. 64 ITEM NUMBER: A-7 DATE: 08/09/05 n • 1818 ® 1976 d i Atascadero City Council Staff Report - City Manager's Office Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit RECOMMENDATION: Council approve Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit. BACKGROUND: . The current Memorandum of Understandings (MOU) for the Mid-Managers and Professional Employees Bargaining Unit ended on June 30, 2005. The City and the Association have employed the "Interest Based Bargaining" process again. DISCUSSION: The attached MOU sets forth a new two-year agreement. The document provides a four percent (4%) cost of living adjustment (COLA) in the first year and a three percent (3%) COLA in the second year. A salary inequity adjustment of 2.5% for positions significantly below the market average is also included. FISCAL IMPACT: The costs for the proposal are contained within the Annual Operating Budget. Total increased costs for the unit is approximately 4% of salary for this fiscal year, plus a 2.5% inequity adjustment for specified positions, and 3% of salary next fiscal year, plus 2.5% inequity adjustment for specified positions. ATTACHMENTS: 1. Memorandums of Understanding for Mid Managers and Professional bargaining unit. 66 MEMORANDUM OF UNDERSTANDING BETWEEN THE MID MANAGEMENT/PROFESSIONAL EMPLOYEES AND CITY OF ATASCADERO JULY 19 2005 TO JUNE 30, 2007 Mid Mgmt/ProE MOU 2005-2007 67 MEMORANDUM OF UNDERSTANDING MID MANAGEMENT/PROFESSIONAL EMPLOYEES JULY 1, 2005 THROUGH JUNE 30,2007 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS...............................................................................................................1 SECTION1.1 PREAMBLE..................................................................................................................................1 SECTION 1.2 RECOGNITION............................................................................................................................1 SECTION1.3 SEVERANCE................................................................................................................................1 SECTION 1.4 SOLE AGREEMENT....................................................................................................................1 SECTION 1.5 FULL FORCE AND EFFECT......................................................................................................2 SECTION 1.6 GENERAL PROVISIONS............................................................................................................2 ARTICLE II-PAY PROVISION..........................................................................................................................2 SECTION2.1 SALARY........................................................................................................................................2 SECTION 2.2 EDUCATION INCENTIVE PAY..................................................................................................3 SECTION2.3 RETIREMENT...............................................................................................................................3 SECTION 2.4 SICK LEAVE/STAY WELL PLAN.............................................................................................3 SECTION 2.5 SICK LEAVE PAYBACK............................................................................................................3 SECTION 2.6 ADMINISTRATIVE LEAVE.......................................................................................................3 ARTICLE III-HEALTH AND WELFARE..........................................................................................................4 SECTION 3.1 HEALTH INSURANCE COVERAGE.........................................................................................4 ARTICLE IV-CLOSING PROVISIONS.............................................................................................................5 SECTION 4.1 COMPARATIVE SALARY AND BENEFITS ............................................................................5 SECTION4.2 TERM.............................................................................................................................................5 SECTION 4.3 SIGNATURES..................................................................................................6 Mid MgmVProf.MOU 2005-2007 68 Attachment No. 1 ARTICLE I - GENERAL PROVISIONS SECTION 1.1 PREAMBLE This Memorandum of Understandingis made and entered into between the Cit of Atascadero, y hereinafter referred to as the "City" and the Mid Management/Professional Employees, hereinafter referred to as the"Association"pursuant to California Government Code Section 3500, et seq.and the City's Employer - Employee Relations Policy. The purpose of this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of employment. The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. SECTION 1.2 RECOGNITION a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following classifications: • Accountant • Associate Civil Engineer • Building Maintenance Supervisor • Database Programmer • Senior Building Inspector • Recreation Supervisor • Senior Civil Engineer b. This recognition is exclusive of management employees and temporary employees. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the Meyers-Milias-Brown Act(Government Code Section 3500, et seq.), and as provided under the City's Employer-Employee Relations Policy. SECTION 1.3 SEVERANCE a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable,the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU. 69 SECTION 1.4 SOLE AGREEMENT . a. The City and the Association agree that to the extent that any provision addressing wages,hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail. b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the provisions of this MOU in any respect, any such change shall be effective only if and when authorized representatives of the Cit and the reduced to writingand executed b the autho Y Y p i MOU and subject to its Association. An such changes validly made shall become art of this � Y g Y p terms. SECTION 1.5 FULL FORCE AND EFFECT a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in full force and effect during the term of this MOU unless changed by mutual agreement. b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association. SECTION 1.6 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request. Provided, however, that any changes which fall within the scope of representation shall be by mutual agreement. Except as set forth in this Memorandum of Understanding, and unless the Association agrees to reopen negotiations on a particular bargaining subject,the parties agree that there shall be no changes during the life of this MOU in the wage rates,benefits,or other terms and conditions of employment subject to the Meet-and-Confer process. In the event any new practice, subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the case of an emergency and, in the absence of an agreement on such a proposed action, the City reserves it's lawful management rights to take any action(s)deemed necessary and the Association reserves its rights to take any lawful action deemed necessary. • Mid Mgmt/Prof.MOU 2005-2007 Page 2 70 ARTICLE II - - PAY PROVISIONS SECTION 2.1 SALARY • This two (2) year agreement shall provide salary increases according to the following formula and schedule: Year 1 (effective July 1, 2005)- 4% COLA Year 2 (effective Julyl, 2006)- 3% COLA The following monthly salaries become effective July 1, 2005. Accountant 29 4113.27 4318.94 4534.89 4761.63 4999.71 Associate Civil Engineer 36 4880.67 5124.70 5380.94 5649.99 5932.49 Building Maintenance Su ervisor 27 3917.40 4113.27 4318.94 4534.89 4761.63 Database Programmer 38 5124.70 5380.94 5649.99 5932.49 6229.11 Recreation Supervisor 25 3730.86 3917.40 4113.27 4318.94 4534.89 Senior Building Inspector 31 4318.94 4534.89 4761.63 4999.71 5249.70 Senior Civil Engineer 34 4648.26 4880.67 5124.70 5380.94 5649.99 SECTION 2.2 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training,providing the coursework is job-related, and the employee received a passing grade. Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent(10%) in additional pay to their base salary. SECTION 2.3 RETIREMENT Employees will be provided retirement benefits through the California Public Employees Retirement System(Ca1PERS)pursuant to the 2% @ 55 formula including the"single highest year"and the City will pay the employee contribution of seven(7%)percent.Effective November 2003,the City shall commence paying and reporting the value of Employer Paid Member Contributions (EPMC) as described in Resolution No. 2003-073. SECTION 2.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight(8)hours (one day)per month. There is no limit to the Mid Mgmt/ProL MOU 2005-2007 Page 3 71 accumulation. b. Employees with forty-eight(48)or more days of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: 1. The sick leave pay-off will occur during the twelve- (12) month period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 48 days sick leave. 2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third(1/3)of the unused annual allotment of sick leave. (The annual allotment is 95.94). 3. Checks will be prepared by December 15 of each year. c. Family Care—An employee may use, in any calendar year, accrued sick leave up to the amount earned six (6) months employment to attend to the illness of a child, parent or spouse. SECTION 2.5 SICK LEAVE PAYBACK When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 2.6 ADMINISTRATIVE LEAVE a. Each employee will receive forty-eight(48)hours of Administrative Leave,which will vest as of July 1 annually. Except as provided below, Administrative Leave will not be carried over or accrue from one fiscal year to the next. b. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control(as verified by the Department Head),said leave will be carried over into the next fiscal year for a period not to exceed three (3)months. Said time will be available to the employee for use during that period, but will not be accrued for the purpose of payoff in the event of termination. c. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be eligible for twenty-four(24) hours of Administrative Leave SECTION 2.7 BEREAVEMENT LEAVE Employees shall be granted bereavement leave Pursuant to the City Personnel Rules and Regulationsulations � I in the event of death of his/her spouse,child,stepchild,grandchild,parent,grandparent,son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or significant other. Mid Mgmt/Prof.MOU 2005-2007 Page 4 72 ARTICLE III - HEALTH AND WELFARE SECTION 3.1 HEALTH INSURANCE COVERAGE 1. For unit members who elect to have"Family"coverage,the City shall pay a total of$780.18 per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 2. For unit members who elect to have `Employee +1" coverage, the City shall pay a total of $697.34 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent(50%)of increased costs for the dependent based upon HMO plan costs. Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1,.2000 as additional compensation. 3. For unit members who elect to have "Employee Only" coverage, the City shall pay an amount not to exceed$602.06 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee for the term of this agreement. City shall pay for increased costs to medical,dental, vision and life insurance premiums for the employee based upon the HMO plan costs. Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1,2000 as additional compensation.This amount shall not exceed $246.76 per month. SECTION 3.2 LIFE INSURANCE The City shall provide a term life insurance policy on each employee in the amount of Fifty- Thousand Dollars ($50,000). The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars ($1,000)per dependent. ARTICLE IV - CLOSING PROVISIONS SECTION 4.1 COMPARATIVE SALARY AND BENEFITS The City will complete a salary study for unit classifications and provide it to the Mid Management/Professional Employees Group by April, 2007. Mid Mgmt/ProL MOU 2005-2007 Page 5 73 SECTION 4.2 TERM The term of this MOU shall commence on July 1, 2005, and expire on June 30, 2007 II Mid Mgmt/Prof.MOU 2005-2007 Page 6 74 SECTION 4.3 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives: Mid Mgmt./Prof. Date Mid Mgmt/Prof. Date CITY OF ATASCADERO Mayor Date City Manager Date Mid Mgmt/ProL MOU 2005-2007 Page 7 75 ITEM NUMBER: A-8 DATE: 08/09/05 0 isle o ie e A CAD Atascadero City Council Staff Report - Police Department Police Vehicle Purchase RECOMMENDATION: Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. DISCUSSION: • The City currently replaces high mileage police vehicles in accordance with an established replacement plan. Three (3) marked patrol vehicles are scheduled for replacement due to their age and high mileage. Villa Ford in Orange, California offers 2006 model year Ford Crown Victoria Police Interceptor four-door police sedans under City of San Diego contract bid #0344A. The City of San Diego contract bid is over $2,000 per unit lower than the State of California California Highway Patrol bid through Folsom Ford in Folsom, California. The purchase of these vehicles from Villa Ford is consistent with the City's Purchasing Policy. FISCAL IMPACT: $67,662.12, inclusive of applicable sales tax and California tire fee. Funds are provided in the 2005/2006 City budget. ALTERNATIVES: 1. Defer replacement at this time. Not recommended due to increased on-going maintenance costs. 76 ITEM NUMBER: A-9 DATE: 08/09/05 Elm am .� 1918 , 1979 el ��15CADF�/� Atascadero City Council Staff Report — Public Works Department Annual Street Striping Award RECOMMENDATION: Council authorize the City Manager to execute a contract with Central Coast,Striping in the amount of $32,303.10 for annual street striping. DISCUSSION: Background: Each year the City of Atascadero contracts for the re-painting of center lines, turn lanes and bike lanes. Staff utilizes outside contractors to perform this portion of our Annual Street Maintenance Program for cost effectiveness. Public Works crews routinely paint some miscellaneous pavement markings, but do not have the necessary painting equipment for street striping. Analysis: The project was advertised from June 20, 2005 through July 14, 2005. Two bids were received. The bids were reviewed for accuracy and compliance with bidding requirements and Central Coast Striping was found to be the low qualified bidder, with a proposal of $32,303.10. Conclusion: Central Coast Striping is the successful low qualified bidder and is prepared to complete annual street striping project. Staff recommends that the City Council authorize the City Manager to enter into an agreement with Central Coast Striping for the annual street striping services. FISCAL IMPACT: Expenditure of $ 32,303.10 in previously allocated funds in the 2005//2006 budget. 77 ITEM NUMBER: A- 10 DATE: 08/09/05 1918 ® 1979 Atascadero City Council Staff Report - Public Works Department Drainage Engineering Services RECOMMENDATION: Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "Drainage Engineering Services Qualified Firm List". DISCUSSION: The City uses engineering firms to prepare construction plans and specification documents when City staff can not complete the work. The City has several drainage capital projects and drainage basin studies planned and funded for fiscal years 2005- 2007. Staff requests the ability to create a list of qualified firms that offer drainage engineering services. Contracting for engineering services, from an established list, is allowed in Section V of the City Purchasing Policy as an ongoing professional service. This allows the City to hire engineers for funded drainage projects as needed. In June of 2005, staff solicited proposals from qualified engineering firms for the purpose of establishing a list to provide drainage engineering services for the Public Works Department on an as needed basis. Proposals were received from four (4). The proposals were reviewed for qualifications, previous experience, references and cost. The four firms were all found qualified for inspection services and staff is recommending that they all be placed on the "Drainage Engineering Services Qualified Firm List". 79 ITEM NUMBER: A- 10 DATE: 08/09/05 FISCAL IMPACT: The cost of drainage engineering service is billed directly to a capital project or to the drainage project capital account. ATTACHMENT: Attachment "A" - Qualified Inspection Firm List 80 ITEM NUMBER: A- 10 DATE: 8/9/05 Attachment "A" CITY OF ATASCADERO INSPECTION SERVICES - QUALIFIED FIRMS LIST May 2005 Firm Drainage Engineering Projects Cannon Associates Yes 364 Pacific Street San Luis Obispo CA 93401 EMK & Associates, Inc. Yes 1005 Railroad Paso Robles CA 93446 North Coast Engineering Yes 725 Creston Road, Suite B Paso Robles, CA 93446 Wallace Group Yes 4115 Broad Street San Luis Obispo, CA 93401 Approved by the City Council 8/9/05 81 ITEM NUMBER: A- 11 DATE: 08/09/05 i Fit ® e iai$ a iaie Atascadero City Council Staff Report - Public Works Department La Linia Avenue Rehabilitation (City Bid No. 2004-011) RECOMMENDATION: Council authorize the City Manager to execute a contract change order with R. Burke Construction for$30,000, for the La Linia Avenue Rehabilitation Project. DISCUSSION: Background: On September 28, 2004, the City Council awarded a contract to R. Burke Corporation in the amount of $173, 780 for the La Linia Avenue Rehabilitation Project. The purpose of this project was to improve the surface condition of the road and drainage facilities. During construction, three contract change orders were issued to address necessary changes to the design. Additional work is necessary for the completion of this project, including the modification of driveway approaches and drainage improvements. Council authorized the request to allocate an additional $30,000 for the completion of the La Linia Avenue Rehabilitation Project in the 2005-2007 Budget. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract change order with R. Burke Construction to complete the La Linia Avenue Rehabilitation Project. 83 ITEM NUMBER: A- 11 DATE: 08/09/05 FISCAL IMPACT: EXPENDITURES Design $30,000 Construction Contract $173,780 Contract Change Orders $50,000 Construction Engineering and Administration $17,380 Total Estimated Expenditure: $271 ,160 REVENUES Community Development Block Grant $267,960 2005-2007 Budget $30,000 Total Revenues: $297,960 ALTERNATIVES: 1. Approve the staff recommendations as stated in the staff report. 2. Do not authorize the contract change order. Project will not be completed to the satisfaction of neighborhood. 84 ITEM NUMBER: A-12 DATE: 08/09/05 -s oo r A I n Isla 1079 Atascadero City Council Staff Report Public Works Department Professional Design Services for a Traffic Signal at San Gabriel Road and Morro Road RECOMMENDATION: Council authorize the City Manager to execute an agreement with Associated Transportation Engineers to design a traffic signal at San Gabriel Road and Morro Road intersection with a maximum design expenditure of $35,050.00. DISCUSSION: A Request for Proposals was sent to companies specializing in traffic signal design on June 10, 2005. The bid opening was July 1, 2005. Three qualified companies returned proposals for this work. Upon reviewing the proposals, they were rated on the following aspects, with a possible of 70 points: past experience in the public sector (10), adequacy of professional staff and depth of firm resources (10), completeness of proposal (10), scope of services to be provided by the firm (10), past experiences in the design of similar facilities (10), ability to meet project schedule (10), and fee for work (10). Based on these criteria, Associated Transportation Engineers had the highest overall score. FISCAL IMPACT: EXPENDITURES Design $34,800 Miscellaneous Materials (postage, shipping, printing, $250 plotting of drawings, mileage, meals, and reimbursables TOTAL PROJECT EXPENDITURES $35,050 ALTERNATIVES: 1. Award Contract. 2. Do not award contract. There would not be a traffic signal at San Gabriel Road and Morro Road. 85 ITEM NUMBER: A - 13 DATE: 08/09/05 t6 leis ta78 Atascadero City Council Staff Report - Public Works Department Annex 11 Interior Improvement Project Interior Painting RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Santa Margarita Construction in the amount of $124,800.00 for the Interior Painting improvements; and, 2. Authorize the Director of Administrative Services to allocate $149,760.00 toward the completion of the Interior Painting Project. DISCUSSION: Background: Through architectural and design inspections, Public Works staff has identified the layout for the replacement and re-design of the interior improvements at the Annex ll. To accommodate the building usage change and tenant loads, the interior must be reconfigured and upgraded. Analysis: The change in occupancy, from an entertainment facility to that of Government offices, requires that interior spaces be altered and upgraded to accommodate employee usage and needs. Therefore interior painting improvements are necessary. The project was advertised from June 27, 2005 through July 11, 2005. Three (3) bids were received. Bids were reviewed for accuracy and compliance with City of Atascadero Procurement Policy requirements and Santa Margarita Construction was found to be the successful low-bidder, with a proposal of $124,800.00. 87 EXPENDITURES Construction Contract- 124,800.00 20% Contingency 24,960.00 TOTAL ESTIMATED EXPENDITURE: 149,760.00 FISCAL IMPACT: Approval of this agreement will result in the expenditure of $149,760.00. ALTERNATIVES: None. ATTACHMENTS: Attachment #1 Draft Agreement Attachment #2- Bid Summary 88 AGREEMENT For The Construction of the ANNEX II INTERIOR PAINTING PROJECT This agreement is made and entered into this 9th day of August 2005, at Atascadero, California, by and between the City of Atascadero, hereinafter referred to as "City", and Santa Margarita Construction Corp. hereinafter referred to as "Contractor". Whereas, Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 - Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as • are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to,for the price aforesaid,and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 -The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s)as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement;also for all loss or damage arising out of the nature of the work aforesaid,or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work;and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed, and the project Plans and Special Provisions. 89 In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof,the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans and Specifications 8. City of Atascadero Standard Specifications and Drawings Article 5 - Contractor agrees to commence work pursuant to this Contract within ten (10) working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time required by the Special Provisions. Article 6- For any withhold of amounts earned by Contractor(under Paragraph 2), Contractor may vi in Section 22 of the Public Contract Code as amended which substitute securities as provided Seco 300 , states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be • required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act(7 U.S.C.Sec. 121 et seq.), and where federal regulations or policies,or both,do not allows the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to Contractor. Upon satisfactory completion of the contract, the securities shall be returned to Contractor. Alternatively, Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon satisfactory completion of the contract, Contractor shall receive from the escrow agent all securities, interest,and payments received by the escrow agent from the owner, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment,the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the public agency. 90 Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantial) similar to the form included in 9 Y Public Contract Code Section 22300(e). Contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable provision). In Witness whereof, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By: Santa Margarita Construction Corp. Wade G. McKinney, City Manager (name of firm or individual) (signature) Attest: (printed name) Marcia McClure Torgerson, C.M.C. City Clerk (title) 91 co it of A Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure To erson' C.M.C., Cit Clerk g � Y BID NO.: 2005-023 OPENED: 2:00 p.m.—07/11/05 PROJECT: Annex II—Interior Painting g THREE (3) bids were received and opened today, as follows: i Bidder Bid Amount Wysong Construction 8720 B.El Camino Real $ 159,000.00 Atascadero,CA 93422 Santa Margarita Construction Corp. P.O.Box 357 $ 124,800.00 Templeton, CA 93465 Fix Painting Co. 23003 Ventura Blvd. $ 142,950.00 Woodland Hills, CA 91364 II Attachment: 3 Bids 92 ITEM NUMBER: A- 14 DATE: 08/09/05 n ■ foil r■ iais o ie Atascadero City Council Staff Report - Public Works Department Annex II Interior Improvement Project Cabinetry and Counters RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction in the amount of $137,000.00 for the Interior improvements (Cabinetry and Counters); and, 2. Authorizes the Director of Administrative Services to allocate $164,400.00 toward the completion of the Interior Improvements Project. DISCUSSION: Background: Through architectural and design inspections, Public Works staff has identified the layout for the replacement and redesign of the Interior Cabinetry and Counters improvements at the ANNEX H. Do to the building usage change and tenant loads the Interior must be reconfigured and upgraded. Analysis: The Change in occupancy from an entertainment facility to that of Government offices requires that interior spaces be altered and upgraded to accommodate employee usage and needs. Therefore Cabinetry and Counter improvements are necessary. The project was advertised from June 27, 2005 through July 11, 2005. Two (2) bids were received. Bids were reviewed for accuracy and compliance with City of Atascadero Procurement Policy requirements and Wysong Construction was found to be the successful low-bidder, with a proposal of $137,000.00. 93 EXPENDITURES Construction Contract- 137,000.00 20% Contingency 27,400.00 TOTAL ESTIMATED EXPENDITURE: 164,400.00 FISCAL IMPACT: Approval of this agreement will result in the expenditure of $164,400.00. ALTERNATIVES: None ATTACHMENTS: Attachment #1- Draft Agreement Attachment #2- Bid Summary 94 AGREEMENT For The Construction of the ANNEX 11 Cabinetry and Counters This agreement is made and entered into this 9th day of August 2005, at Atascadero, California, by`and between the City of Atascadero, hereinafter referred to as "City", and WYSONG CONSTRUCTION hereinafter referred to as "Contractor". Whereas, Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 - Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to,for the price aforesaid,and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 -The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s)as full compensation forfurnishing all materials and for doing all the work contemplated and embraced in this Agreement;also for all loss or damage arising out of the nature of the work aforesaid,or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, • Worker's Compensation Certificate, Notice of Award, Notice to Proceed,and the project Plans and Special Provisions. 95 In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans and Specifications 8. City of Atascadero Standard Specifications and Drawings Article 5 - Contractor agrees to commence work pursuant to this Contract within ten (10) working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time required by the Special Provisions. Article 6- For any withhold of amounts earned by Contractor(under Paragraph 2), Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended,which states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure • performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act(7 U.S.C.Sec. 121 et seq.),and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to Contractor. Upon satisfactory completion of the contract, the securities shall be returned to Contractor. Alternatively, Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon satisfactory completion of the contract, Contractor shall receive from the escrow agent all securities, interest,and payments received by the escrow agent from the owner, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment,the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit,or any other security mutually agreed to by Contractor • and the public agency. 96 Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. • The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e). Contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable provision). In Witness whereof, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By: WYSONG CONSTRUCTION Wade G. McKinney, City Manager (signature) Attest: (printed name) • Marcia McClure Torgerson, C.M.C. City Clerk (title) • 97 Citof r Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2005-022 OPENED: 2:00 p.m.—07/11/05 PROJECT: Annex II—Cabinetry and Counters TWO (2) bids were received and opened today, as follows: Bidder Bid Amount Wysong Construction 8720 B.El Camino Real $ 137,000.00 Atascadero, CA 93422 Santa Margarita Construction Corp. P.O.Box 357 $ 225,000.00 Templeton, CA 93465 Attachment: 2 Bids • 98 ITEM NUMBER: A 15. DATE: 08/09/05 ■ ■t ® e 1918 0 1979 Atascadero City Council Staff Report - Public Works Department Disadvantaged Business Enterprise (DBE) Goal RECOMMENDATION: Council adopt Disadvantaged Business Enterprise (DBE) participation goal. DISCUSSION: All local agencies must establish their own DBE program and set specific goals using an accepted methodology and are required to monitor contracts for DBE compliance. As required, a Public Notice has been published providing 45 days for review and comment on the proposed goal. No comments or requests for review have been received. FISCAL IMPACT: Staff time to monitor DBE Program. ATTACHMENT: 1. DBE Goal Submittal 99 ITEM NUMBER: A- 15 DATE: 08/09/05 ANNUAL OVERALL GOAL INFORMATION TO: CALTRANS DISTRICT 5 District Local Assistance Engineer The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Atascadero submits our annual overall goal for your review and comment. We propose an annual overall DBE goal of 5 % for the Federal Fiscal Year 2005, beginning on October 1, 2005 and ending on September 30, 2006. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall Annual 5% goal for DBE participation, the City anticipates achieving approximately 1% using race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; encourage prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBE's and other small businesses. The remaining 4% of the goal is anticipated to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE Goal. 100 ITEM NUMBER: A-16 DATE: 08/09/05 o, 's e t ® ■ r. Yai`s , 1979 A' C" Atascadero City Council Staff Report - Public Works Department Notice of Completion Manhole Replacement Project RECOMMENDATIONS: Council: 1. Accept Raminha Constructions work as complete; and, 2. Authorize the City Manager to sign and file the Notice of Completion. DISCUSSION: Background: City staff had identified four (4) sewer manholes that have experienced significant deterioration in the condition of the concrete barrel supporting the manhole. On January 25, 2005, the City Council authorized the City Manager to execute a contract with Raminha Construction in the amount of $55,598.00 for the replacement of the four deteriorated sewer manholes. Analysis: Staff has reviewed the completed project by Raminha Construction, and has found the work to be in substantial conformance with the project plans and specifications. Conclusion: Staff recommends that the City Council accept Raminha Construction's work as complete and authorize the City Manager to sign and file the Notice of Completion. 101 FISCAL IMPACT: REVENUE Design Services $0 Construction $55,598 Construction Contingency (20% of Construction) $11 ,120 TOTAL REVENUE $66,718 EXPENDITURES Design Services $0 Construction $55,598 Construction Contingency $0 TOTAL EXPENDITURES $55,598 102 ITEM NUMBER: A- 17 DATE: 08/09/05 ia51 is e o Atascadero City Council Staff Report - Public Works Department Bench Style and Designation for the Sunken Gardens Enhancement Project RECOMMENDATION: Parks and Recreation Commission recommends Council approve the recommended alternate bench style for the Sunken Gardens project and designate the bench sites identified on the Sunken Gardens Conceptual Plan for sponsorship opportunities. DISCUSSION: Back-ground: The Atascadero Community Redevelopment Agency recently awarded a contract for the Sunken Gardens Streetscape Enhancement Project. This improvement project will add sidewalks, street lamps, benches and other amenities to the Sunken Gardens and surrounding pedestrian areas. The design elements and amenities such as pavers, lamp posts and benches selected for this project were approved by the City Council on May 10th and will be consistent with the recently completed EI Camino Real Streetscape Enhancement project near the Carlton Hotel Staff is requesting a change in the selection of the bench style for the upcoming Sunken Gardens Enhancement Project. Staff is also requesting that the City Council recommend approval of the bench sites identified on the Sunken Gardens Conceptual Plan as approved locations for future sponsorship opportunities. Analysis: The current style of bench is a wood slat bench. It is more susceptible to vandalism and requires more frequent maintenance. The wood slates on the benches in the first phase of the streetscape project already require re-staining. In addition, the type and frequency of public use in the Sunken Gardens leads staff to believe that there will be a potential for carving and graffiti on the wood slats. The currently approved wood bench is shown in Figure #1. Staff is recommending a metal bench, similar to the bench shown in Figure #2. 103 #1. Currently approved Downtown bench style #2. Recommended bench style for the Sunken Gardens The Atascadero Main Street Design Committee has reviewed and recommended the change in bench selection. The Atascadero Parks and Recreation Commission has also reviewed, and unanimously approved the alternate bench style. In addition to selecting this alternate style of bench, staff is recommending that these benches be available for sponsorship opportunities. A similar program for memorial benches at Atascadero Lake Park has been quite successful. All previously designated locations for Memorial Benches at Atascadero Lake have been allocated. To continue this program, additional bench sites will need to be designated. The bench sites identified on the Sunken Gardens Conceptual Plan would provide approximately 14-18 additional locations for sponsorship by local businesses and/or individuals. In addition, the project cost will be reduced because the sponsoring family or organization covers the entire cost to purchase and install the benches. The purchase and installation cost will be approximately $1,500.00 per bench. The designation of the sites for sponsorship is consistent with the City's policy. The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed by staff for the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis." Conclusion: Staff recommends that the City Council approve the recommended ornamental metal bench style for benches in the Sunken Gardens and designate the bench sites identified on the Sunken Gardens Conceptual Plan as approved locations for future sponsorship opportunities. 104 FISCAL IMPACT: Approval of this recommendation could result in the generation of $15,000.00 — $18,000.00 in revenue to cover the cost of the purchase and installation of benches for the Sunken Gardens Enhancement Project. ALTERNATIVES: 1. City Council retain the wood slated benches for the Sunken Gardens project. ATTACHMENTS: Attachment#1- Sunken Gardens Project Map • 105 3 t I > € I F T w t i imm t� INSTALL BENCH(TMP) ' J NOTES: • CONTRACTOR SHALL BE RESPONSIBLE TO HYDRDSEEO ALL AREAS j. DISTURBED BY CONSTRUCTION AC'OMTIES CONTRACTOR SHALL PLACE CITY SUPPLIED TRASH CANS AND ASH TRAYS IN LOCATIONS AS DETERMINED BY THE CITY ENGINEER. c 3? o j .:.I rll €_ I CONSTRUCT FOUNDATION ANO f INSTALL CITY SUPPLIED STREET LIGHT(TYP). SEE SHEET E-2. `~ INSTALL IN-ROADWAY LIGHTING F .. SYSTEM. SEV SHEET C-4. "... R, t i)" 2 .........v..... ........._._......._. .... ............... _. URN PLANTING SCHEDULE LOCATION BOTANICAL NAME COMMON NAME SIZE QUANTITY ' FOUNDATION PLANT MYRTUS COMMUNIS MYRTLE 1 GAL. 1 PER URN EDGE OF URN LANTANA SELLOWIANA TRAILING LANTANA 1 GAL, 3 PER URN ALTERNATE FOUNDATION PLANT BUXUS JAPONICA JAPANESE BOXWOOD 1 GAL. 1 PER URN — — — i Vi O Rk +r ,i g 1 I "ti - - INSTALL DRINKING FOUNTAIN DRAIN TO FOUNTAIN ORAINLINE. N F Lam- Y u r " INSTALL BENCH(TYP) I INSTALL BENCH(TW) INSTALL INGRAM UPLIGHT s SEE SHEET E-2 3 INSTALL LIGHTED 8d.LAROS. '' +. SEE SHEET E-2 asp r, LU r� s 3 z ! � Q z V UJ Q Q Z z a w coo aU) U w as a: z I OATO 6/2/2005 l..,... DRAWN BY: JAV CHECKED Or. JAV 1 FILE NO./IOGT 0 5 10 20 40 60 CON ST_D SCALE: SPECIFICATION NO. 20'AT 24'.36'SHEET SIZE 2005-014 40'AT 11'.17"SHEET SIZE SHEET NO. c-5 „. .... __.,.e, -_....,.......�. a..........._..,z ..,.,.,.._......._. —.,, ....._. ....w..._,.__ ..._ _._._.,._ ,,,..»......._.,._,,....m..,__... , ,.....�.. _ TOTAL NUMBER OF SLATS: I ITEM NUMBER: A- 18 DATE: 08/09/05 iai$ e e a Atascadero City Council Staff Report Community Services Department Colony Days Parade Route Road Closure RECOMMENDATION: Council approve Draft Resolution authorizing the closure of El Camino Real from Curbaril to Traffic Way on Saturday, October 15, 2005 from 8:30 a.m. until 12:30 p.m.; Palma from East Mall to West Mall from 8:00 a.m. Friday October 14, 2005 to noon Monday October 17, 2005; West Mall from El Camino Real to Palma on Saturday October 15, 2005 from 8:00 a.m. to 5:00 p.m.; East Mall from EI Camino Real to Palma on Saturday October 15, 2005 at 8:00 a.m. to Sunday at 5:00 p.m.. DISCUSSION: On Saturday, October 15, 2005, staff is proposing to close EI Camino Real from Curbaril to Traffic Way from 8:30 a.m. until 12:30 p.m. to conduct the annual Colony Days Parade. The Colony Days Parade will be coordinated by the Colony Days Committee. The route for this year's Colony Days Parade is proposed to begin at Curbaril and end at Traffic Way. The festivities will be centered around the Sunken Gardens and "Tent City" located on and around the Atascadero Creek Reservation. Palma will serve as a staging area for several events and will be a focal point. The street closure should present only minor inconveniences. West Front will be closed during Saturday, when most of the festivities are scheduled. East Mall will be closed both Saturday and Sunday, as it is the connecting link between Sunken Gardens and Tent City. FISCAL IMPACT: None. This is a non-profit event sponsored by the Colony Days Committee. 10 ATTACHMENTS: Attachment #1 - Draft Resolution authorizing the Closure of EI Camino Real 107 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY COLONY DAYS PARADE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Colony Days Parade route is hereby established as El Camino Real from Curbaril to Entrada Avenue; San Luis Avenue from Curbaril to Pueblo; Pueblo from San Luis Avenue to El Camino Real; El Camino Real to Entrada Ave. and Entrada to Lewis Ave. and the Colony Day Festivities will be centered around the Sunken Garden. BE IT FURTHER RESOLVED 1. That in order to provide a reserved route for the parade and the area described above is designated as a tow-away zone from the period of 8:30 a.m. until 12:30 p.m., October 15, 2005; and 2. That Palma from East Mall to West Mall from 8:00 a.m. Friday October 14, 2005 to noon Monday October 17, 2005 is designated as a tow-away zone; and 3. That West Mall from El Camino Real to Palma on Saturday October 15, 2005 from 8:00 a.m. to 5:00 p.m. is designated as a tow-away zone; and 4. East Mall from El Camino Real to Palma on Saturday, October 15, 2005 at 8:00 a.m. to Sunday at 5:00 p.m. is designated as a tow-away zone. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 9ch of August, 2005. ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. Wendy Scalise,Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 108 ITEM NUMBER: B- 1 DATE: 08/09/05 ..Kill inI leis , 10-9 Atascadero City Council Staff Report- Administrative Services Department De Anza Estates Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and approving certain related actions; and, 2. Adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006; and, 3. Adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006; and, 4. Adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) and approving certain related actions; and, 5. Adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No. 03 (De Anza Estates); and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006; and, 6. Adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. REPORT-IN-BRIEF: On July 12, 2005 the Council adopted resolutions declaring its intention and initiating proceedings to form a Landscape and Lighting District and a Benefit Assessment District for the area generally known as De Anza Estates. In order to form the districts, • tonight Council must hold a public hearing, call for an election, have the clerk report the results of the election and if the ballot measures pass, adopt three resolutions for each district. 109 ITEM NUMBER: B - 1 DATE: 08/09/05 Histor • On December 9, 2003, Council approved the De Anza Estates planned development and tract map. As part of that map, De Anza Estates was conditioned as follows: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. De Anza Estates developers have indicated that they will meet this condition (with the exception of the public safety component) through the formation of special districts. (The public safety component of this condition has been addressed through the formation of a Community Facilities District 2005-1.) The formation of the Districts will allow the City to levy specific taxes upon each of the properties within the districts (De Anza Estates). Current assessment laws require the formation of two separate districts for maintaining the improvements. One is a Street and Storm Drain Benefit Assessment District which will provide funding and future routine maintenance of the streets, storm drains, landscaping, lighting, sidewalks and park facilities in these subdivisions. Current law does not allow assessments for the long-term replacement of the streets and storm drains; therefore, amounts will not be collected for this purpose. Because long-term street maintenance is a condition of this project, it is our intent that at the time a major street replacement/rehabilitation becomes necessary, the burden of this cost will be born by the residents of the District. The second is a Landscape and Lighting District 110 ITEM NUMBER: B - 1 DATE: 08/09/05 which will provide funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape improvements within the subdivision. There are three resolutions for each district (a total of 6 resolutions in all) that must be passed, in order to complete the formation of the assessment districts. The first resolutions (Draft Resolutions A & D) declare the results of the property owner protest ballot. The second resolutions (Draft Resolutions B & E) amend and/or approve the Final Engineer's Report. Assessment district law requires that the engineer's report calculate how much benefit is derived by each unit from the improvements and how much general benefit there is to the entire City from the improvements. In the case of De Anza Estates, the engineer determined that all of the improvements, with the exception of the open space and horse arena, provide 100% benefit to the residents of De Anza Estates and that there is no general benefit to the remainder of the City. As for the open space easement, the engineer has determined that there is some general benefit to citizens of Atascadero, and that "up to 50% of the open space maintenance and all of the costs associated with the Horse Arena shall be funded by other sources." Based on the Engineer's Report, each unit will be assessed the following amounts annually. Pro ergT eLandscape streets arad storm p Y �p Li titin. Assessment ,. . Drarn_I�llamtenance:. Single-family Residential $876.16 $611.04 Senior Housing $876.16 $308.90 Over time, as the cost of maintenance of the improvements goes up, the assessments can be increased but only by the greatest of 3% annually or the annual CPI. Conversely, if we find that the cost to maintain the improvements is lower than expected, Council can set future annual assessments at an amount less than the maximum. The last resolutions tonight (Draft Resolutions C & F) confirm the formation of the districts and order the levy and collection of the assessments for fiscal year 2005/2006. FISCAL IMPACT: Annual assessments will total $34,421 for road/drainage system maintenance and $55,636 for landscaping maintenance. These amounts will be assessed to the owner(s) of parcels in De Anza Estates. There is no fiscal impact to general residents within the City. 111 ITEM NUMBER: B - 1 DATE: 08/09/05 ALTERNATIVES: Require the developer to establish a homeowners association for the maintenance of i the improvements. ATTACHMENTS: 1 . Draft Resolution A - declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and approving certain related actions. 2. Draft Resolution B - amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006 3. Draft Resolution C - confirming the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. 4. Engineer's Report - for the formation of Street and Storm Drain Benefit Assessment District No. 03 (De Anza Estates) 5. Draft Resolution D - declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) and approving certain related actions. 6. Draft Resolution E - amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No. 03 (De Anza Estates); and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006. 7. Draft Resolution F - confirming the formation of Landscaping and Lighting District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. 8. Engineer's Report - for the formation of Landscaping and Lighting District No. 03 (De Anza Estates) 112 DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 0 ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as "City Council") called and duly held a property owner protest proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as "District") pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "Act") and the California Constitution Articles XIIIC and =, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments for the costs and expenses related to the ongoing operation, maintenance and servicing of local street right-of-way improvements and storm drain facilities installed in conjunction with the development of properties within the residential subdivision known as De Anza Estates Tract 2498; and, • WHEREAS, upon the close of the public testimony at the Public Hearing held on August 9, 2005, all valid ballots returned by the landowners of record within the District were opened and tabulated, the results of which are illustrated below, weighted by the proportional financial obligation of each ballot pursuant to the California Constitution Article X11ID: Yes: $ No: $ NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. The above recitals are true and correct. SECTION 2. The results of the tabulation of the valid property owner protest ballots returned by the property owners of record within said District, prior to the conclusion of the Public Hearing held on August 9, 2005, is hereby confirmed and made public record. 113 Draft Resolution A Page Two property owner protest ballots returned b the SECTION 3. The tabulation of the valid prop y p Y property owners within said District indicates that majority protest of the assessment does not exist, and the City Council is authorized to take the necessary steps to levy the assessments as approved. SECTION 4. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding. SECTION 5. This Resolution shall become effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution. 114 Draft Resolution A Page Three • On motion by Council Member and seconded by Council Member ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote- AYES: ote:AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Wendy Scalise, Mayor Attest: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 115 DRAFT RESOLUTION B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . ATASCADERO, CALIFORNIA, APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING THE FORMATION OF STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2005/2006 WHEREAS, The City Council of the City of Atascadero, California (hereafter referred to as "City Council"), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "Act"), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with the Act in connection with the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District") and the proposed levy and collection of assessments related thereto commencing with fiscal year 2005/2006, said fiscal year starting July 1, 2005 and ending June 30, 2006; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of . Atascadero and the City Clerk has presented to the City Council such report entitled "Engineer's Report for the Formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), Fiscal Year 2005/2006" (hereafter referred to as "Report")in accordance with the Act; and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, WHEREAS, The City Council further finds that the assessments as described in the Report have been presented to the property owners of record as part of a protest ballot proceeding conducted pursuant to the provisions of the California Constitution Article XIMD; and that said property owners approved the assessments so described, including the maximum assessment and assessment range formula as outlined in the Report. 116 Draft Resolution B Page Two • NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The above recitals are all true and correct. SECTION 2. The Report as presented,consists of the following: a. Plans and specifications that describe the District and Improvements. b. Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel's proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. C. The Budget that outlines the costs and expenses to service and maintain the improvements, including incidental expenses to operate the District. d. An Assessment Diagram that identifies the boundaries of the District. e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and first year's assessment commencing fiscal year 2005/2006. SECTION 3. The Report as presented, is hereby approved and adopted (as submitted or amended by direction of this City Council), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer's Report. 117 Draft Resolution B Page Three On motion by Council Member and seconded by Council Member ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Wendy Scalise, Mayor Attest: Marcia McClure Torgerson,C.M.C., . City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 118 DRAFT RESOLUTION C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CONFIRMING THE FORMATION OF STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2005/2006 WHEREAS, The City Council of the City of Atascadero, California (hereafter referred to as City Council)has by previous Resolutions initiated proceedings and declared its intention to form Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District") and to levy special benefit assessments against parcels of land within the said District commencing with fiscal year 2005/2006, said fiscal year commencing July 1, 2005 and ending June 30, 2006; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code,beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, • WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Report in connection with the proposed formation and levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer's Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2005 and ending June 30, 2006, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, The City Council has conducted a property owner protest ballot proceeding for the District assessments proposed to be levied commencing in fiscal year 2005/2006, and majority protest of the assessments described in the Engineer's Report did not exist pursuant to the provisions of the California State Constitution Article XM. • 119 Draft Resolution C Page Two • NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the provisions of the California State Constitution, Article XI>ID have approved the assessments so presented. SECTION 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk,the City Council hereby finds and determines that: a. The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b. The District includes all of the lands receiving such special benefit. • C. The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2005 and ending June 30, 2006. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but are not limited to local street right-of-way improvements and storm drain facilities within the District and all appurtenant facilities related thereto. • 120 Draft Resolution C Page Three SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter.on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. As an alternative, each parcel of land may be billed directly by the City to the property owner of record for the amount of the levy if such levy cannot be collected on the County Assessment Roll in any given fiscal year. The amount of the levy billed directly to the property owner of record shall be paid to the City of Atascadero and deposited by the City Treasurer to an account for the District. SECTION 5. The City Treasurer shall deposit all money representing assessments collected by the County or by the City for the District to the credit of a fund for Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineer's Report • and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the formation of the District, the establishment of the maximum assessment rate described in the Engineer's Report and the levy of assessments for the fiscal year commencing July 1, 2005 and ending June 30,2006. SECTION 7. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. • 121 Draft Resolution C Page Four • On motion by Council Member and seconded by Council Member ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Wendy Scalise, Mayor Attest: Marcia McClure Torgerson, C.M.C., • City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 122