Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 06/10/2003
CITY OF A TASCADERO CITY COUNCIL AGENDA TUESDAY, JUNE 10, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 0 Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. 40 COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Scalise 1 ROLL CALL: Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: 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 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.) 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 Minutes —May 13, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of May 13, 2003. [City Clerk] 2. City Council Minutes — May 27,2003 ■ City Clerk recommendation: City Council approve the City Council minutes of May 27,2003. [City Clerk] 3. Human Services Grants • Fiscal impact: The program is budgeted at$20,000. • Staff recommendation: Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] 4. April Disbursements—April 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,078,596.73 • Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for April 2003. [Administrative Services] 2 5. Sponsorship Agreement with the California Conservation Corps ■ Fiscal impact: Federal Transportation Enhancement (TE)funding has been allocated for the Atascadero Lake Pathway Improvement project and will be used to cover the costs associated with this Sponsorship Agreement. ■ Staff recommendation: Council authorize the City Manager to execute a Sponsorship Agreement between the City of Atascadero and the California Conservation Corps. [Public Works] 6. Hot EI Camino Nite Road Closure ■ Fiscal impact: None. ■ City Clerk recommendation: Council approve the draft Resolution authorizing the closure of EI Camino Real from Rosario to Curbaril on Friday, August 15, 2003 from 6:30 p.m. until 8:30 p.m. [Community Services] 7. El Camino Real Downtown Improvement Project - Contract Award - Bid No. 2003-001 ■ Fiscal impact: $590,082.65, per original bid. Anticipated additional funds will be allocated to the project as part of the 2003-2005 budget process. ■ Staff recommendation: Council authorize the City Manager to execute an agreement with R. Burke Corporation for construction of the EI Camino Real Downtown Improvement Project. [Public Works] 8. Weed Abatement-Contract Award Amendment ■ Fiscal impact: None. Funds are budgeted annually to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ■ Staff recommendation: Council authorize the City Manager to execute the contract with Jack R. Bridwell for weed abatement. [Fire Department] B. PUBLIC HEARINGS:. 1. Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 - Santa Ysabel Mixed-Use Infill Development - Appeal 2003-0002 ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52- inch native oak tree. [Community Development] 2. Zone Change 2002-0023 Downtown Commercial Zoning Text Amendment - (City of Atascadero/Atascadero Main Street, Inc.) • Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, office use requires services that exceed the revenue generated by the proposed uses. ■ Planning Commission recommendation: Council introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0023 based on findings. [Community Development] 3 3. Operating Budget 2003-2005 ■ Fiscal impact: $25,433,465 (FY2003-04), $22,070,070(FY 2004-05) ■ Staff recommendation: City Council: 1. Adopt Draft Resolution for Budgets for the 2003-2004 and the 2004-2005 fiscal years and delegate to the City Manager the authority to implement same; 2. Adopt Draft Resolution Amending 2002-2003 fiscal year budget; and 3. Adopt Draft Resolution for the fiscal year 2003-2004 Annual Spending Limit. [Administrative Services] C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commission (LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee 2. City/Schools Committee 3. Air Pollution Control District(APCD) 4. League of California Cities-Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/Schools Committee 2. Atascadero Youth Task Force D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager E. 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. 4 • I, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 10, 2003 Regular Session of the Atascadero City Council was posted on June 3, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 3`d day of June 2003 at Atascadero, California. lke 1 --aa _ Cheryl DeJong, Deputy- ity Cler City of Atascadero • 5 ITEM NUMBER: A-1 DATE: 06/10/2003 .e. 1t� CITY OF A TASCADERO CITY COUNCIL. DRAFT MINUTES TUESDAY, MAY 13, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) • 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a) Conference with legal counsel Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced that the Council has agreed to a tentative settlement with Environmental Center of San Luis Obispo. He explained that when the documents are signed the City would release the details of the settlement. Motion passed 3:0 (Luna abstained, Scalise absent) REGULAR SESSION: 7:00 P.M. Mayor Clay called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. CC 05/13/03 Page 1 001 ITEM NUMBER: A-1 DATE: 06/10/2003 ROLL CALL: Present: Council Members O'Malley, Pacas, Luna and Mayor Clay Absent: Council Member Scalise Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Information Technology Director Andrew Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: John Davis, Pastor of Christ Chapel, led the meeting in prayer. Jody Smith, EOC Homeless Services, updated the Council on the EOC's workshops on a proposed north county overnight shelter project. • Mayor Clay closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to approve the agenda. Motion passed 4:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring 2003 "International Year of Freshwater" and May 2003 "California's Water Awareness Month." Mayor Pro Tem Luna read the Proclamation and Mayor Clay presented it to Jim Patterson, Atascadero Mutual Water Co. 2. Nomination of City of Atascadero for "Operation School Bell Award" by National Assistance League Loretta Richman, National Assistance League presented the Council with the Operation School Bell Award. CC 05/13/03 002 Page 2 ITEM NUMBER: A-1 DATE: 06/10/2003 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Luna, with the use of PowerPoint slides, referred to a development on Musselman and explained that the cost incurred by the City to fix a problem corner within the project was $5,120. It had been Mayor Pro Tem Luna's feeling at the time that the developer should have corrected the problem rather than the City, and he feels this money could have been better spent on road repair, downtown revitalization or other projects of benefit to the community. Mayor Clay stated he enjoyed the Blue Grass concert at Stadium Park. A. CONSENT CALENDAR: 1. City Council Minutes —April 22, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of April 22, 2003. [City Clerk] 2. Consideration and Adoption of Resolutions Establishing Service Fees and Establishing Development Impact Fees: Consideration and Adoption, on Second Reading by Title Only, of Ordinances Establishing Procedures for Service Fees and for Development Impact Fees ■ Fiscal impact: There are no new fiscal impacts that have not already been identified. ■ Staff recommendation: City Council: • 1. Adopt, on second reading by title only, the draft Ordinance, amending the Atascadero Municipal Code by adding chapter 3.15 establishing a fee and service charge revenue/cost comparison system; and, 2. Adopt draft Resolution, establishing a schedule of fees and charges for city services; and, 3. Adopt, on second reading by title only, the draft Ordinance, amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 4. Adopt draft Resolution, establishing a schedule of development impact fees. [City Attorney] 3. Purchase of Property at Entrance to Stadium Park ■ Fiscal impact: $50,000 from the Tree Mitigation Fund. ■ Staff recommendation: Council reaffirm City's commitment to appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park with ownership of the property maintained by the Atascadero Land Preservation Society. [City Manager] 4. Purchase of Track —Wastewater Division • Fiscal impact: $26,860.44 (in FY 2001-2003 budget) ■ Staff recommendation: Council authorize the Wastewater Division to purchase a flatbed truck. [Public Works] CC 05/13/03 n n Page 3 uhf ITEM NUMBER: A-1 DATE: 06/10/2003 5. Animal Control Services Agreement • ■ Fiscal impact: Funds for the agreement are allocated to the Police Department budget from the general fund. July 1, 2003 to June 30, 2004 - $80,041.50; July 1, 2004 to June 30, 2005- $96,049.80; July 1, 2005 to June 30, 2006- $115,259.76. ■ Staff recommendation: Council authorize the City Manager to execute an Agreement for Animal Control Services with the County of San Luis Obispo for the period July 1, 2003 through June 30, 2006. [Police Dept.] Mayor Pro Tem Luna pulled Items #A-2 & 5. Council Member O'Malley pulled Item #A- 3. MOTION: By Council Member O'Malley and seconded by Council Member Pacas to approve Items #A-1 and 4. Motion passed 4:0 by a roll-call vote. Item #A-2: Mayor Pro Tem Luna stated he was opposed, as he feels the fees were not raised enough. PUBLIC COMMENT Eric Greening suggested this item be continued and prior to approving the fee package in total, members of the Council of Government staff be invited to answer questions regarding funding of the circulation fee. • Fred Frank supported Council Member Luna's comments. Mayor Clay closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Mayor Clay to approve Item #A-2 as recommended by staff. Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay to approve Item #A-2 as recommended by staff. Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay to approve Items #1 and #2 under Consent Calendar Item #A-2. Motion passed 4:0 by a roll-call vote. (Ordinance No. 419, Resolution No. 2003-0022) Item #A-3: Council Member O'Malley explained that he pulled this item in order to offer a compromise motion. • CC 05/13/03 v 004 O4 Page 4 ITEM NUMBER: A- 1 DATE: 06/10/2003 MOTION: By Council Member O'Malley and seconded by Mayor Clay: 1. Staff research and report back on 3 options for purchasing the property at the entrance of Stadium Park including: A. ALPS agrees to City ownership as originally proposed by the President of ALPS, or B. The City secure funds to purchase this property if ALPS is unable to secure funding, or C. ALPS and the City work together in drafting a mutual agreement outlining concerns of the Council and ALPS regarding the use of this entrance and how those concerns could be resolved. 2. The City advance $25,000 of the Tree Mitigation Funds to the escrow account for this property by the deadline needed to secure the current purchase option, while other purchase options are researched. If the City Council is unable to agree at the time of the staff report then the funds would be returned to the City. 3. Staff include in this year's budget the hiring of a consultant to assist in the development of a Stadium Park Master Plan similar to the Lake Park Zoo Master Plan. There was Council discussion on the motion and the Council decided to have public comment before continuing their discussion. PUBLIC COMMENT • Doug Chisholm, President of Atascadero Land Preservation Society (ALPS), apologized to the Council for the confusion caused by ALPS changing its position on this issue. The Board has elected to retain ownership of the property if it is purchased. Bruce Boniface, Board of Directors of ALPS, encouraged the Council to assist in the purchase of this property and support the ownership of the property to be retained by ALPS. Eric Greening supports the motion as originally proposed in the staff report. He also stated the motion on the table is very confusing. Rick Mathews, President of the Atascadero Native Tree Association (ANTA) stated he supports the purchase of this property and the retention of ownership by ALPS. Mayor Clay closed the Public Comment period. Council Member O'Malley withdrew his motion. MOTION: By Mayor Pro Tem Luna and seconded by Council Member Pacas to reaffirm the City's commitment to appropriate • $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the CC 05/13/03 O O Page 5 ITEM NUMBER: A-1 DATE: 06/10/2003 entrance to Stadium Park with ownership of the property maintained by the Atascadero Land Preservation Society. Motion failed 2:2 by a roll-call vote. (O'Malley and Clay opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay: 1. Staff research and report back on two options for purchasing the property at the entrance of Stadium Park including: A. The City secures funds to purchase this property if ALPS is unable to secure funding, and B. ALPS and the City work together in drafting a mutual agreement outlining the concerns of the Council and ALPS regarding the use of this entrance and how those concerns could be resolved. 2. The City advance $25,000 of the Tree Mitigation Funds to the escrow account for this property by the deadline needed to secure the current purchase option, while other purchase options are researched. If the City council is unable to agree at the time of the staff report then the funds would be returned to the City. 3. Staff include in this year's budget the hiring of a consultant to assist in the development of a Stadium Park Master Plan • similar to the Lake Park Zoo Master Plan. Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed) MOTION: By Council Member Pacas and seconded by Mayor Pro Tem Luna to approve Item #A-3 of the Consent Calendar. Motion failed 2:2 by a roll-call vote. (O'Malley and Clay opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay: 1. Staff research and report back on two options for purchasing the property at the entrance of Stadium Park including: A. The City secures funds to purchase this property if ALPS is unable to secure funding, and B. Contribute to the purchase of the property subject to an agreement between ALPS and the City setting forth mutual agreements regarding the concerns of the Council and ALPS regarding the use of this entrance and how those concerns could be resolved. CC 05/13/03 006 Page 6 ITEM NUMBER: A-1 DATE: 06/10/2003 2. The City advance $25,000 of the Tree Mitigation Funds to the escrow account for this property by the deadline • needed to secure the current purchase option, while other purchase options are researched. If the City council is unable to agree at the time of the staff report then the funds would be returned to the City. 3. Direct City staff to return on a future agenda a discussion on a Master Plan for Stadium Park. Motion passed 4:0 by a roll-call vote. Item #A-5: Mayor Pro Tem Luna stated that he pulled this item because these are substantial cost increases to the Animal Control Services Agreement. He feels a letter should be written to Sheriff Hedges with a copy to the Board of Supervisors explaining that we would like to see better services in the North County. City Manager McKinney stated that staff could work up such a letter. There was Council consensus in agreement with writing a letter to Sheriff Hedges. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to approve Item #A-5. Motion passed 4:0 by a roll-call vote. (Contract No. 2003-017) Mayor Clay recessed the hearing at 9:05 p.m. Mayor Clay called the meeting back to order at 9:18 p.m. B. MANAGEMENT REPORTS: 1. National Pollution Discharge Elimination System, Phase II • Fiscal impact: Substantial unbudgeted impact. First year cost is estimated at $73.500. ■ Staff recommendation: City Council: 1. Receive and comment on the draft City of Atascadero Storm Water Management Plan (SWMP). 2. Request public input on the draft City of Atascadero SWMP. 3. Direct staff on funding options to implement the measurable goals of the SWMP. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening stated he supports the proposed plan. Jim Patterson expressed his support for this program. Mayor Clay closed the Public Comment period. 0 CC 05/13/03 O O Page 7 ` ITEM NUMBER: A-1 DATE: 06/10/2003 • Council gave direction to staff concerning options. 2. Information Bulletin a. North County Aquatics Summer Swim Lessons Community Services Director Brady Cherry stated that the Atascadero Unified School District has notified the City they do not intend to raise rates for the charges on the High School pool this summer. It is anticipated that after September, the District will increase these rates. C. COMMITTEE & LIAISON REPORTS: Mayor Clay 1. County Mayor's Round Table: Discussed work force housing. Council Member O'Malley 1. Economic Vitality Corporation, Board of Directors (EVC): There is an annual event in June staff is invited to attend. Council Member Pacas 1. City / Schools Committee: This Saturday is Children's Day in the Park, at Atascadero Lake Park. • D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Clay commented on the Council's actions tonight in dealing with two difficult issues with only four Council Members present. City Manager Steve Kahn updated the Council on the City Clean Up Day. E. ADJOURNMENT: Mayor Clay adjourned the meeting at 9:53 p.m. to the next regularly scheduled meeting on May 27, 2003. MEETING RECORDED AND MINUTES PREPARED BY: opMarcia McClure Torgerson, City Clerk CC 05/13/03 008 Page 8 • • ITEM NUMBER: DATE: CITY OF A TASCADERO CITY COUNCIL DRAFT MINUTES TUESDAY, MAY 279 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION A-2 06/10/2003 Bob Wilkins, 6405 EI Camino Real, spoke concerning 2b. He urged the Board to approve this purchase and to include the Chamber, ALPS, and other organizations in the final planning of the future of Stadium Park. Doug Chisholm, President of ALPS, endorsed Mr. Wilkins' comments and encouraged the Board to work with ALPS. Joanne Main, 8940 San Gabriel Road, stated that she supports this purchase but feels the City should be the owner of the property if public funds are used in the purchase. Fred Frank, 3615 Ardilla, Board Member of ALPS, explained to the Board what ALPS would like to see for the future of Stadium Park and encouraged the Board to approve this purchase. Doug Chisholm, stated if it wasn't for ALPS, the City would not have known about this property being available. Mayor Clay closed the Public Comment period. CC 05/27/03 Page 1 009 2. Call to Order • a. Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: William Avery Employee organization: Service Employees Intl. Union Local 620, Non -represented Professional and Management Workers and Confidential employees b. Conference with negotiator over real property (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: APN #029-105-023 Negotiations will include price and/or terms of payment Negotiator to negotiate with Atascadero Land Preservation Society (ALPS) 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION: Mayor Clay called the meeting to order at 7:06 p.m. and Mayor Pro Tem Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joe Modica Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, and City Attorney Roy Hanley. CC 05/27/03 Page 2 010 COMMUNITY FORUM: John Davis, Pastor of Christ Chapel, led the Council meeting in prayer. • Eric Greening, 7365 Valle, announced upcoming meetings of interest for the Council. Ray Jansen, 6655 Country Club Drive, read to the Council his most recent letter to the editor. Mayor Clay closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve the agenda. Motion passed 5:0 by a roll -call vote. PRESENTATIONS: 1. Proclamation declaring June 2 and 3, 2003 "Special Olympics — Law Enforcement Torch Run Days" Council Member O'Malley read the Proclamation and Mayor Clay presented it to . Atascadero Police Officer LeClair. 2. Local Area Formation Commissions (LAFCO) Sphere of Influence Update Paul Hood, Executive Officer of LAFCO, using a PowerPoint presentation, reviewed for the Council the Sphere of Influence process. PUBLIC COMMENT Eric Greening, asked if Eagle Ranch is considered a project, and if during the public review period Mr. Hood or some other representative of LAFCO could make a presentation of the draft to the Santa Margarita Area Advisory Committee. John Knight, RRM Design Group, explained that Eagle Ranch will be coming out of the Williamson Act in 2009 and that it takes many years to go through the process. Mayor Clay closed the Public Comment period. • CC 05/27/03 O 1 I Page 3 COUNCIL ANNOUNCEMENTS AND REPORTS: •Mayor Pro Tem Luna requested that the parking lots adjacent to Alvord Field be cleaned up prior to the wine festival. City Manager Wade McKinney stated that more fill material would be added in the next couple of days, and the parking lot plan will be completed on Monday. The lots should be cleaned up in time for the wine festival. Council Member O'Malley announced this year is the 30th year for Colony Days. Mayor Clay announced that he attended the Memorial service at Atascadero Cemetery. A. CONSENT CALENDAR: 1. Special Joint Meeting Minutes — May 7, 2003 ■ City Clerk recommendation: City Council approve the City Council/Planning Commission minutes of May 7, 2003. [City Clerk] 2. City Treasurer's Report — January 2003 ■ Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for January 2003. [City Treasurer] 3. City Treasurer's Report — February 2003 ■ Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for February 2003. [City Treasurer] 4. Joint Study Session Minutes — April 30, 2003 ■ City Clerk recommendation: City Council approve the City Council/Planning Commission minutes of April 30, 2003. [City Clerk] 5. Weed Abatement — Contract Award ■ Fiscal impact: None. Funds are budgeted annually to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ■ Staff recommendation: Council authorize the City Manager to execute the contract with Roberto E. Le -Fort for weed abatement. [Fire Department] Eric Greening pulled Item #A-1, page 4 of the Minutes and corrected the spelling of a name. MOTION: By Council Member O'Malley and seconded to Mayor Pro Tem Luna to approve Items #A-1 through 5 with the spelling correction in Item #A-1. Motion passed 5:0 by a roll -call vote. (Item #A-5 Contract No. 2003-019) • CC 05/27/03 012 Page 4 ` B. PUBLIC HEARINGS: Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 - Santa Ysabel Mixed -Use Infill Development Appeal 2003-0002 THIS ITEM HAS BEEN CONTINUED Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. Staff recommendation: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52 - inch native oak tree. [Community Development] 2. Weed Abatement - Hearing of Objections • Fiscal impact: Costs involved in administering this program are recovered through the 100% administrative fee charged to parcels abated by the City Contractor. • Staff recommendation: Council: 1. Hear and consider all objections to the proposed removal of vegetative growth and/or refuse, and allow or overrule any objections; 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire Dept.] Fire Chief Kurt Stone gave the staff report and answered questions of Council. • PUBLIC COMMENT Ray Jansen, 6655 Country Club Drive, informed the Fire Chief of weeds on Capistrano before Country Club Drive that need to be mowed. Mayor Clay closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Scalise upon hearing no objection to the proposed removal of vegetative growth and/or refuse, it is moved to authorize the Fire Chief to proceed and perform the work of abatement. Motion passed 5:0 by a roll -call vote. C. MANAGEMENT REPORTS: 1. Surface Minina and Reclamation Act of 1975 (SMARA) Compliance Report — Millhollin Mine CUP 96003 • Fiscal impact: None. • Staff recommendation: Council receive and file this report. [Community Development] • CC 05/27/03 013 Page 5 Community Development Director Warren Frace gave the staff report and answered • questions of Council. PUBLIC COMMENT Daphne Fahsing, asked what the City will do after the 90 days have come and gone. Jim Brenton, 11465 Santa Lucia Road, commended staff for following through with the enforcement of the reclamation plan. He expressed his concern regarding the amount of cubic yards removed from the mine given no topographical survey has been done. Mayor Clay closed the Public Comment period. Mr. Frace stated the City could close the mine until it came into compliance. Mayor Clay recessed the hearing at 8:10 p.m. Mayor Clay called the meeting back to order at 8:20 p.m. D. ATTORNEY REPORTS: 1. Discussion and Direction Regarding Establishing a Charter for the is City of Atascadero ■ City Attorney recommendation: City Council instruct the City Attorney and the City Manager to propose a form of Charter for the City of Atascadero. The timing of this should be done to allow an election by the voters of Atascadero in November of 2004. City Attorney Roy Hanley, using a PowerPoint presentation, gave the staff report and answered questions of Council. (Exhibit A) • PUBLIC COMMENT Eric Greening questioned if the Council was to give the go ahead to have a series of workshops, what would be the demand in staff time and the cost effect to work that staff would not otherwise be doing. Mayor Clay closed the Public Comment period. Mayor Clay suggested that the City Attorney compile more information on this issue and bring it back at the Council's next strategic planning session. There was Council consensus for the City Attorney to gather additional information and bring back this issue during the Council's strategic planning sessions. CC 05/27103 014 Page 6 2. Consideration and Adoption of Resolution Establishing Development Impact Fees: Consideration and Adoption on Second Reading, by Title Only, of Ordinance Establishing Procedures for Development 10 Impact Fees ■ City Attorney recommendation: Council: 1. Adopt, on second reading by title only, the draft Ordinance amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 2. Adopt the draft Resolution establishing a schedule of development impact fees. City Attorney Roy Hanley gave the brief staff report. PUBLIC COMMENT Eric Greening indicated that he was still in support of the original recommendations rather than the amended, downsized recommendations, when it comes to the library and open space. Mayor Clay closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt on second reading by title only, the draft Ordinance amending and restating the Atascadero Municipal Code in regards to development impact fees. Motion passed 4:1 by a roll -call vote. (Scalise opposed) • (Ordinance No. 420) MOTION: By Council Member O'Malley and seconded by Mayor Clay to adopt the draft Resolution establishing a schedule of development impact fees as attached and previously voted on by Council Motion failed 2:3 by a roll -call vote. (Scalise, Pacas, Luna opposed) MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt the draft Resolution establishing a schedule of development impact fees as attached and previously voted on by Council with the following changes: 1. Increase General Government Facilities, Schedule 7.3 from $166 to $200, 2. Increase Library Expansion Facilities, Schedule 8.1 from $200 to $250, and 3. At staffs discretion look at Parkland and Open Space Acquisition combined to total $3,000. Motion passed 4:1 by a roll -call vote. (Scalise opposed) (Resolution No. 2003-023) • CC 05/27/03 015 Page 7 E. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem Luna 1. Finance Committee: Meeting to be held Thursday, the Human Resources Grants will be discussed along with the upcoming budget. Council Member O'Malley 1. Air Pollution Control District (APCD): Received an abbreviated report from the Strategic Planning Workshop. One of the high priority issues was looking at workforce housing and the proximity of work to residence. 2. League of California Cities - Grassroots Network: Attended the Legislative Action Days, it was an excellent meeting with good representation by the City. Council Member Pacas 1. Atascadero Youth Task Force: The Atascadero and Paso Robles Optimist Club will be hosting a function to benefit youth on June 1St F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney announced the California Joint Powers Insurance Authority (CJPIA) has accepted the City of Atascadero and provided statistics as to the • cost of insurance. • G. ADJOURNMENT: Mayor Clay adjourned the meeting at 8:58 p.m. to the closed session. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A — City Attorney Roy Hanley, PowerPoint presentation on City Charter CC 05/27/03 016 Page 8 0 Atascadero City Council Staff Report - City Manager's Office Human Services Grants RECOMMENDATION: ITEM NUMBER: A-3 DATE: 06/10/2003 Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. DISCUSSION: Background: The City of Atascadero has a Human Services Grant program, where • annually $20,000 has been available to assist local service providers that have a profound impact on the community. The providers must meet a series of eligibility criteria in the competitive process. The Finance Committee has reviewed the applications and has made the attached recommendations. Eighteen applications were received requesting $41,605.00. All of the applications complied with the City's criteria and all were worthy of funding. Sixteen applications are recommended for full or partial funding as can be seen on Attachment A. The complete applications are available for review in the City Clerk's office. FISCAL IMPACT: The program is budgeted at $20,000. ATTACHMENTS: Attachment A - Recommendations 017 • C� 0 CITY OF ATASCADERO Human Services Grant Recommendations — 2003 Agency Name Prior Year Request Recommendation ADCare, Adult Day Services Center $ 750.00 $ 1,000.00 $ 750.00 American Red Cross, SLO Co. Chapter 850.00 850.00 850.00 AIDS Support Network - 1,000.00 225.00 Assistance League of SLO Co. 2,100.00 2,340.00 2,100.00 Atascadero Loaves & Fishes 2,500.00 3,000.00 3,000.00 Caring Callers 200.00 300.00 200.00 Court Appointed Special Advocate (CASA) 2,200.00 2,400.00 2,000.00 Creative Alternative for Learning & Living (CALL) - 1,700.00 - ECHO (EI Camino Homeless Organization) 2,000.00 5,000.00 2,225.00 EOC Mentoring Program 1,000.00 - - Family Services Center 750.00 - - Food Bank Coalition - 1,000.00 1,000.00 Homeless Housing Project - 11,000.00 - Hospice of SLO County 1,000.00 3,923.00 1,000.00 Hotline of SLO County 1,200.00 2,000.00 1,000.00 North County Women's Shelter 3,000.00 3,000.00 3,000.00 RSVP 500.00 750.00 500.00 Senior Legal Services Project 750.00 942.00 750.00 Senior Peer Counseling Program 400.00 400.00 400.00 Transitions Mental Health Association 800.00 1,000.00 1,000.00 TOTAL $20,000.00 $ 411605.00 $ 20,000.00 NE r� Staff Report- Administrative Services Department ITEM NUMBER: A - 4 DATE: 06/10/2003 APRIL 2003 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable, payroll and payroll vendor checks for April 2003. DISCUSSION Attached for City Council review and approval are the following: Payroll Dated 4/10/03 Dated 4/24/03 • Accounts Payable Dated April 1-30, 2003 FISCAL IMPACT Total expenditures for all funds is CERTIFICATION Checks # 16761 - 16868 Direct Deposits Checks # 16869 - 16955 Direct Deposits Checks # 89044 - 89404 & EFTs 201 - 204 TOTAL AMOUNT $ 1,078,596.73 $ 89,540.12 92, 801.43 86,578.14 93,697.21 715,979.83 $ 1,078,596.73 The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Rachelle Rickard, Administrative Services Director Approved by the City Council at a meeting held June 10, 2003 Marcia M. Torgerson, City Clerk ATTACHMENT: April 2003 Eden Warrant Register in the amount of $ 715,979.83 AT 019 City of Ataseadero Disbursement Listing For the Month of April 2003 Check Check Number Date Vendor Description Amount Vendor Payment 31,160.76 201 4/1/2003 MID -STATE BANK Payroll 89044 4/1/2003 ATASCADERO LOAVES & FISHES Accounts Payable Check 835.00 89045 4/1/2003 CALIFORNIA CODE CHECK Accounts Payable Check 37,428.76 89046 4/1/2003 KINKO'S Accounts Payable Check 513.33 89047 4/1/2003 SOUZA CONSTRUCTION INC. Accounts Payable Check 103,451.36 89048 4/4/2003 AAZK, INC. Accounts Payable Check 35.00 89049 4/4/2003 MIKE ALOI Accounts Payable Check 150.00 89050 4/4/2003 ANTECH DIAGNOSTICS Accounts Payable Check 103.00 89051 4/4/2003 VOID Accounts Payable Check 0.00 89052 4/4/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 326.49 89053 4/4/2003 JERRY ARNETT Accounts Payable Check 300.00 89054 4/4/2003 GEORGE ASDEL Accounts Payable Check 126.00 89055 4/4/2003 ATASCADERO FORD Accounts Payable Check 214.29 89056 4/4/2003 ATASCADERO RUBBER STAMP CO Accounts Payable Check 33.14 89057 4/4/2003 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 157.50 89058 4/4/2003 BATTERY SYSTEMS Accounts Payable Check 53.15 4/4/2003 CINDY K. BENSON Accounts Payable Check 570.50 •89059 89060 4/4/2003 JIM BERMANN Accounts Payable Check 241.50 89061 4/4/2003 BARBARA BEST Accounts Payable Check 92.40 89062 4/4/2003 BOB KEULEN CONSTRUCTION Accounts Payable Check 270.00 89063 4/4/2003 DALE A. BYWATER Accounts Payable Check 2,920.00 89064 4/4/2003 CANNON ASSOCIATES Accounts Payable Check 8,550.00 89065 4/4/2003 CDW GOVERNMENT, INC. Accounts Payable Check 54.71 89066 4/4/2003 CONSOLIDATED ELECTRICAL CED Accounts Payable Check 74.10 89067 4/4/2003 CELLULAR ONE Accounts Payable Check 914.00 89068 4/4/2003 CENTRAL COAST FENCE Accounts Payable Check 7,614.00 89069 4/4/2003 CENTRAL COAST LOCK & KEY Accounts Payable Check 443.83 89070 4/4/2003 CHEM SERVE Accounts Payable Check 67.67 89071 4/4/2003 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 20.00 89072 4/4/2003 COASTAL IMAGING SUPPLIES Accounts Payable Check 284.92 89073 4/4/2003 COASTLINE EQUIPMENT Accounts Payable Check 5.13 89074 4/4/2003 VINCE CONDE Accounts Payable Check 119.00 89075 4/4/2003 CIMON CORMIER Accounts Payable Check 170.00 89076 4/4/2003 COUNTRY COPY Accounts Payable Check 212.63 • 89077 4/4/2003 CREDIT BUREAU Accounts Payable Check 57.00 v 0C)0 City of Ataseadero Disbursement Listing For the Month of April 2003 Check Check Number Date Vendor Description Amount 89078 4/4/2003 CRESCO Accounts Payable Check 8 -0 89079 4/4/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 113.25 89080 4/4/2003 CUESTA COLLEGE Accounts Payable Check 144.86 89081 4/4/2003 CUESTA EQUIPMENT Accounts Payable Check 29.49 89082 4/4/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 461.13 89083 4/4/2003 DAN DAVIS Accounts Payable Check 367.50 89084 4/4/2003 KELLY DAVIS Accounts Payable Check 54.00 89085 4/4/2003 SANDRA N. DEAL PH.D. Accounts Payable Check 290.00 89086 4/4/2003 DECOU LUMBER COMPANY Accounts Payable Check 588.25 89087 4/4/2003 DEPARTMENT OF JUSTICE Accounts Payable Check 3,056.00 89088 4/4/2003 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 595.80 89089 4/4/2003 JAYME DI GENNARO Accounts Payable Check 114.41 89090 4/4/2003 DIRECT SAFETY COMPANY Accounts Payable Check 160.91 89091 4/4/2003 MARIE DYSTE Accounts Payable Check 25.00 89092 4/4/2003 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 7,500.00 89093 4/4/2003 ED'S FLY MEAT, INC. Accounts Payable Check 40.50 89094 4/4/2003 ESCUELA DEL RIO Accounts Payable Check 46.80 89095 4/4/2003 EXXON MOBIL Accounts Payable Check 690 89096 4/4/2003 FARM SUPPLY COMPANY Accounts Payable Check 12 89097 4/4/2003 FEDERAL EXPRESS Accounts Payable Check 65.55 89098 4/4/2003 FEDERAL SIGNAL CORP. Accounts Payable Check 49.23 89099 4/4/2003 FERGUSON ENTERPRISES, INC. Accounts Payable Check 223.08 89100 4/4/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 240.00 89101 4/4/2003 FGL ENVIRONMENTAL Accounts Payable Check 383.40 89102 4/4/2003 FIRSTLINE, LLC Accounts Payable Check 176.96 89103 4/4/2003 FOOD FOR LESS Accounts Payable Check 547.43 89104 4/4/2003 FRAZEE INDUSTRIES, INC. Accounts Payable Check 186.62 89105 4/4/2003 GAS COMPANY Accounts Payable Check 2,796.61 89106 4/4/2003 GATEWAY COMPANIES, INC. Accounts Payable Check 27,572.35 89107 4/4/2003 GEM AUTO PARTS Accounts Payable Check 431.49 89108 4/4/2003 MATTHEW A. GIANAS Accounts Payable Check 221.00 89109 4/4/2003 MIKE GIL Accounts Payable Check 192.00 89110 4/4/2003 KENNETH GLYNN Accounts Payable Check 236.51 89111 4/4/2003 GOVERNMENT FINANCE OFFICERS AS Accounts Payable Check 195.00 89112 4/4/2003 GRISANTI HARDWARE Accounts Payable Check 11.46 1� u O2i City of Atascadero Disbursement Listing For the Month of April 2003 Check Number Check Date Vendor Description Amount W89113 4/4/2003 HART IMPRESSIONS PRINT © Accounts Payable Check 832.48 89114 4/4/2003 MEREDITH HENDRICKSON Accounts Payable Check 54.43 89115 4/4/2003 HENRY SCHEIN, INC. Accounts Payable Check 307.81 89116 4/4/2003 REGIONALD HICKS Accounts Payable Check 150.00 89117 4/4/2003 HOME DEPOT Accounts Payable Check 968.86 89118 4/4/2003 HON Accounts Payable Check 4,698.91 89121 4/4/2003 I.M.P.A.C. GOVERNMENT SERVICES Accounts Payable Check 8,957.48 89122 4/4/2003 JOHN JANSONS Accounts Payable Check 15.84 89123 4/4/2003 JEM DESIGN Accounts Payable Check 295.00 89124 4/4/2003 JIFFY LUBE #1932 PCJL, INC. Accounts Payable Check 30.64 89125 4/4/2003 JK ATASCADERO MANAGEMENT LLC Accounts Payable Check 50.00 89126 4/4/2003 K -MART Accounts Payable Check 64.29 89127 4/4/2003 LESLYN KEITH Accounts Payable Check 49.00 89128 4/4/2003 BETH A. KELLY Accounts Payable Check 25.00 89129 4/4/2003 LEONARD J. LA CASTO Accounts Payable Check 153.00 89130 4/4/2003 LAW OFFICE OF STEPHEN BECKER Accounts Payable Check 1,067.95 89131 4/4/2003 LOY PRODUCTIONS Accounts Payable Check 91.16 89132 4/4/2003 LYNDON'S AUTOMOTIVE Accounts Payable Check 670.08 89133 4/4/2003 LYNN PEAVEY COMPANY Accounts Payable Check 226.95 89134 4/4/2003 MANAGED HEALTH NETWORK, INC. Accounts Payable Check 176.58 89135 4/4/2003 MARK QUIROZ PAINTING CO Accounts Payable Check 20.00 89136 4/4/2003 RICHARD J. MCCOY Accounts Payable Check 153.00 89137 4/4/2003 WADE MCKINNEY Accounts Payable Check 120.00 89138 4/4/2003 SAM MCMILLAN Accounts Payable Check 142.00 89139 4/4/2003 DONALD MESSER Accounts Payable Check 550.00 89140 4/4/2003 MID -COAST GEOTECHNICAL, INC. Accounts Payable Check 1,820.00 89141 4/4/2003 MID -COAST MOWER & SAW Accounts Payable Check 28.52 89142 4/4/2003 MINER'S ACE HARDWARE Accounts Payable Check 136.71 89143 4/4/2003 MATTHEW J. MIRANDA Accounts Payable Check 30.00 89144 4/4/2003 MISSION UNIFORM SERVICE Accounts Payable Check 62.45 89145 4/4/2003 DAVID MONGE Accounts Payable Check 80.00 89146 4/4/2003 NATIONAL NOTARY ASSOCIATION Accounts Payable Check 69.00 89147 4/4/2003 NORTH COAST ENGINEERING INC. Accounts Payable Check 44,255.30 89148 4/4/2003 THOMAS P. O'MALLEY Accounts Payable Check 23.36 89149 4/4/2003 OFFICE OF EMERGENCY SERVICES Accounts Payable Check 12,145.23 • 89150 4/4/2003 OFFICEMAX CREDIT PLAN Accounts Payable Check 376.10 022 City of Atascadero Disbursement Listing For the Month of April 2003 Check Check Number Date Vendor Description Amount 89151 4/4/2003 OMNI -MEANS, INC. Accounts Payable Check 1,34 89152 4/4/2003 OUTLET TOOL SUPPLY Accounts Payable Check 75.06 89153 4/4/2003 PACIFIC BELL Accounts Payable Check 1,239.09 89154 4/4/2003 PACIFIC BELL/WORLDCOM Accounts Payable Check 86.86 89156 4/4/2003 PACIFIC GAS AND ELECTRIC Accounts Payable Check 28,532.04 89157 4/4/2003 PAPER WORKS Accounts Payable Check 69.71 89158 4/4/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 19.95 89159 4/4/2003 TERRY PETERSON Accounts Payable Check 68.00 89160 4/4/2003 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 207.44 89161 4/4/2003 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 291.59 89162 4/4/2003 PLANT DOCTOR Accounts Payable Check 340.00 89163 4/4/2003 POOR RICHARD'S PRESS Accounts Payable Check 1,398.54 89164 4/4/2003 POSTAL PRIVILEGE Accounts Payable Check 4.58 89165 4/4/2003 PRO MOTION Accounts Payable Check 198.42 89166 4/4/2003 GRACE L. PUCCI Accounts Payable Check 232.50 89167 4/4/2003 QUILL CORPORATION Accounts Payable Check 1,692.96 89168 4/4/2003 RAINBOW MEALWORMS,INC. Accounts Payable Check 71.18 89169 4/4/2003 RAINBOW TOWING Accounts Payable Check 790 89170 4/4/2003 RELIABLE PROTEIN PRODUCTS Accounts Payable Check 1,23 89171 4/4/2003 ROHRER HAY & FEED SALES Accounts Payable Check 120.89 89172 4/4/2003 STEVE ROMO Accounts Payable Check 153.00 89173 4/4/2003 ROSSI TRANSPORT SERVICE Accounts Payable Check 92.50 89174 4/4/2003 RRM DESIGN GROUP Accounts Payable Check 265.65 89175 4/4/2003 RS PRODUCTIONS Accounts Payable Check 90.00 89176 4/4/2003 RTC R THOMPSON CONSULTING Accounts Payable Check 1,009.00 89177 4/4/2003 SANTA MARIA TIRE, INC. Accounts Payable Check 59.95 89178 4/4/2003 URSULA SASS Accounts Payable Check 15.00 89179 4/4/2003 SAUTER & SAUTER Accounts Payable Check 25.00 89180 4/4/2003 SCHIMM'S TREE SERVICE Accounts Payable Check 20.00 89181 4/4/2003 SDG STUDIO DESIGN GROUP Accounts Payable Check 84.95 89182 4/4/2003 SHELL Accounts Payable Check 156.60 89183 4/4/2003 SLENDER LADY Accounts Payable Check 5.00 89184 4/4/2003 VOID Accounts Payable Check 0.00 89185 4/4/2003 SLORTA Accounts Payable Check 1,500.00 89186 4/4/2003 SMART AND FINAL Accounts Payable Check 284.54 • 023 City of Atascadero Disbursement Listing For the Month of April 2003 Check Check Number Date Vendor Description Amount W89187 4/4/2003 DAVID L. SMAW Accounts Payable Check 238.00 89188 4/4/2003 STAPLES CREDIT PLAN Accounts Payable Check 1,213.28 89189 4/4/2003 KURT W. STONE Accounts Payable Check 80.00 89190 4/4/2003 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 509.41 89191 4/4/2003 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 459.00 89192 4/4/2003 TARVIN & ASSOCIATES Accounts Payable Check 950.00 89193 4/4/2003 TEMPLETON UNIFORMS Accounts Payable Check 386.33 89194 4/4/2003 TESORO CAR WASH Accounts Payable Check 75.00 89195 4/4/2003 PATRICIA TOFT Accounts Payable Check 16.50 89196 4/4/2003 TRIAD/HOLMES ASSOCIATES Accounts Payable Check 2,450.00 89197 4/4/2003 TRIBUNE Accounts Payable Check 326.88 89198 4/4/2003 TURF STAR, INC. Accounts Payable Check 51.65 89199 4/4/2003 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 671.90 89200 4/4/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,946.15 89201 4/4/2003 JOSH G. VAN ALFEN Accounts Payable Check 136.00 89202 4/4/2003 TOM VELASQUEZ Accounts Payable Check 102.00 89203 4/4/2003 VERIZON WIRELESS Accounts Payable Check 225.91 89204 4/4/2003 VOLAS Accounts Payable Check 88.36 89205 4/4/2003 WESTERN FARM SERVICE, INC. Accounts Payable Check 499.47 89206 4/4/2003 WESTERN JANITOR SUPPLY Accounts Payable Check 624.77 89207 4/4/2003 WOODWARD ACOUSTICS, INC. Accounts Payable Check 640.00 89208 4/4/2003 YSI, INC. Accounts Payable Check 1,016.70 89209 4/4/2003 ZOOLOGICAL SOCIETY OF SLO CO Accounts Payable Check 25.00 202 4/7/2003 MID -STATE BANK Accounts Payable Check 154.51 89210 4/10/2003 CJP PRODUCTIONS Accounts Payable Check 2,000.00 89226 4/10/2003 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 67,051.63 89227 4/10/2003 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 773.61 89228 4/10/2003 COLONIAL LIFE & ACCIDENT INS. Payroll Vendor Payment 1,591.83 89229 4/10/2003 CPIC LIFE Payroll Vendor Payment 1,541.75 89230 4/10/2003 DELTA DENTAL, ATTN: ACCOUNTING Payroll Vendor Payment 7,114.58 89231 4/10/2003 EQUITABLE LIFE Payroll Vendor Payment 348.88 89211 4/11/2003 ATASCADERO FIRE DEPT EMP. ASSN Payroll Vendor Payment 240.00 89212 4/11/2003 ATASCADERO FIRE RESERVES ASSN Payroll Vendor Payment 40.00 • 89213 4/11/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 024 City of Ataseadero Disbursement Listing; For the Month of April 2003 Check Check Number Date Vendor Description Amount 89214 4/11/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 376 89215 4/11/2003 COUNTY -CITY EMPLOYEES CU Payroll Vendor Payment 625.00 89216 4/11/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,413.88 89217 4/11/2003 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 704.84 89218 4/11/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,294.14 89219 4/11/2003 ICMA RETIREMENT TRUST - 457 Payroll Vendor Payment 400.00 89220 4/11/2003 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 89221 4/11/2003 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 89222 4/11/2003 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 19,667.42 89223 4/11/2003 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 538.87 89224 4/11/2003 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 89225 4/11/2003 WASHINGTON MUTUAL BANK Payroll Vendor Payment 787.77 203 4/15/2003 MID -STATE BANK Payroll Vendor Payment 30,373.64 89232 4/18/2003 ADAMSON INDUSTRIES Accounts Payable Check 536.60 89233 4/18/2003 ALBERTSONS Accounts Payable Check 212.60 89234 4/18/2003 MIKE J. ALOI Accounts Payable Check 150.00 89235 4/18/2003 AMERICAN SANITATION Accounts Payable Check 64 89236 4/18/2003 PAULA ANTON Accounts Payable Check 20 89237 4/18/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 208.02 89238 4/18/2003 AT&T Accounts Payable Check 29.43 89239 4/1.8/2003 ATASCADERO FORD Accounts Payable Check 1,261.85 89241 4/18/2003 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 2,007.35 89242 4/18/2003 ATASCADERO NEWS Accounts Payable Check 371.32 89243 4/18/2003 ATASCADERO SAW SHOP Accounts Payable Check 56.00 89244 4/18/2003 AVAYA INC. Accounts Payable Check 22.41 89245 4/18/2003 BOATMAN'S FURNITURE CENTER Accounts Payable Check 1,681.68 89246 4/18/2003 BOB KEULEN CONSTRUCTION Accounts Payable Check 800.00 89247 4/18/2003 BRENDLER JANITORIAL SERVICE Accounts Payable Check 600.00 89248 4/18/2003 CASEY BRYSON Accounts Payable Check 10.00 89249 4/18/2003 C & D TOWING & TRUCK SERVICE Accounts Payable Check 304.13 89250 4/18/2003 CALIFORNIA CODE CHECK Accounts Payable Check 34,872.39 89251 4/18/2003 CALIFORNIA EMS AUTHORITY Accounts Payable Check 130.00 89252 4/18/2003 CAREER TRACK Accounts Payable Check 149.00 89253 4/18/2003 CASHIERS OFFICE Accounts Payable Check 70.00 89254 4/18/2003 CDF ACCOUNTING OFFICE Accounts Payable Check 30 025 City of Atascadero Disbursement Listing For the Montle of April 2003 Check Check umber Date Vendor Description Amount 89255 4/18/2003 CENTRAL CALIF. METRO SOFTBALL Accounts Payable Check 481.00 89256 4/18/2003 BRADY CHERRY Accounts Payable Check 300.00 89257 4/18/2003 JOSEPH CHOUINARD P.E. Accounts Payable Check 5,335.00 89258 4/18/2003 CJP PRODUCTIONS Accounts Payable Check 600.00 89259 4/18/2003 JERRY L. CLAY Accounts Payable Check 125.00 89260 4/18/2003 CLEAN WATER SYSTEMS, INC. Accounts Payable Check 35.00 89261 4/18/2003 COASTLINE EQUIPMENT Accounts Payable Check 1,335.85 89262 4/18/2003 COLONY CARPETS Accounts Payable Check 306.60 89263 4/18/2003 LISA CONKLIN Accounts Payable Check 60.00 89264 4/18/2003 GEORGE CONNER Accounts Payable Check 400.00 89265 4/18/2003 COOPERATIVE PERSONNEL SERVICES Accounts Payable Check 401.70 89266 4/18/2003 CIMON CORMIER Accounts Payable Check 34.00 89267 4/18/2003 COUNTRY COPY Accounts Payable Check 103.99 89268 4/18/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 71.00 89269 4/18/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 12.87 89270 4/18/2003 DATAPRINT CORPORATION Accounts Payable Check 103.20 89271 4/18/2003 DECOU LUMBER COMPANY Accounts Payable Check 318.85 4/18/2003 CHERYL DEJONG Accounts Payable Check 167.76 •89272 89273 4/18/2003 EL CAMINO CAR WASH LLC Accounts Payable Check 9.00 89274 4/18/2003 EL CAMINO VETERINARY HOSP Accounts Payable Check 86.99 89275 4/18/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 252.00 89276 4/18/2003 FIRE OUT UNIFORM COMPANY Accounts Payable Check 237.64 89277 4/18/2003 FOOD FOR LESS Accounts Payable Check 206.76 89278 4/18/2003 WARREN FRACE Accounts Payable Check 300.00 89279 4/18/2003 KAREN GARMAN Accounts Payable Check 1,707.80 89280 4/18/2003 GEM AUTO PARTS Accounts Payable Check 589.86 89281 4/18/2003 MATTHEW A. GIANAS Accounts Payable Check 102.00 89282 4/18/2003 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 703.22 89283 4/18/2003 MIKE GIL Accounts Payable Check 119.00 89284 4/18/2003 GOLDEN STATE SYSTEMS Accounts Payable Check 1,209.00 89285 4/18/2003 GRISANTI HARDWARE Accounts Payable Check 206.53 89286 4/18/2003 H.D. PETERSON Accounts Payable Check 60.38 89287 4/18/2003 SCOTT HALLETT Accounts Payable Check 50.00 89288 4/18/2003 HAMON OVERHEAD DOOR CO Accounts Payable Check 409.60 89289 4/18/2003 HANSON AGGREGATES MID -PACIFIC Accounts Payable Check 121.95 . 89290 4/18/2003 HENRY SCHEIN, INC. Accounts Payable Check 238.33 026 Check Number 89291 89292 89293 89294 89295 89296 89297 89298 89299 89300 89301 89302 89303 89304 89305 89306 89307 89308 89309 89310 89311 89312 89313 89314 89315 89316 89317 89318 89319 89320 89321 89322 89323 89324 89325 Check Date 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 4/18/2003 City of Atascadero Disbursement Listing For the Month of April 2003 Vendor REGIONALD HICKS INDUSTRIAL MEDICAL CENTER OF INFORMATION TECHNOLOGY INGLIS PET HOTEL INTERNATIONAL SPECIES INF SYS JACK BRAZEAL'S TREE CONSULTING JESPERSEN'S TIRE SERVICE, INC. JIFFY LUBE #1932 PCJL, INC. STEVEN KAHN KEN'S MOBIL SERVICE KPRL 1230 AM LEONARD J. LA CASTO LAIDLAW TRANSIT SERVICES, INC. LEE WILSON ELECTRIC CO. INC GAYLEN LITTLE GEORGE W.LUNA LYNDON'S AUTOMOTIVE MANAGED HEALTH NETWORK, INC. MARK'S PLUMBING & WATER TRMNT BECKY MAXWELL WADE MCKINNEY MID -COAST GEOTECHNICAL, INC. MID -COAST MOWER & SAW TERRY A. MILLER MINER'S ACE HARDWARE MISSION UNIFORM SERVICE MOTORSPORT DEPOT S & N MPI MICROFILM SERVICE MUNIFINANCIAL JACOB H. MURCH NATIONAL RECREATION & PARK ASC NATIONWIDE SPORTS PHOTOGRAPHY NORTH COUNTY NEWSPAPERS THOMAS P. O'MALLEY ROBERT M. OWEN,PH.D Description Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Accounts Payable Check Amount 15 268.00 902.00 167.31 955.00 220.00 33.50 59.21 300.00 1,959.75 174.00 136.00 14,265.43 41.83 5,250.00 75.00 204.00 18 . 85. 46.62 550.00 4,565.00 16.61 205.00 61.01 62.32 163.55 6.40 2,228.53 125.00 135.00 155.88 1,884.26 125.00 350.00 F-7 L_ J %d' 0 2'7 City of Atascadero Disbursement Listing For the Month of April 2003 Check umber Check Date Vendor Description Amount 89326 4/18/2003 BECKY J. PACAS Accounts Payable Check 125.00 89327 4/18/2003 PACIFIC BELL Accounts Payable Check 87.39 89328 4/18/2003 PACIFIC BELL/WORLDCOM Accounts Payable Check 380.80 89329 4/18/2003 PC MALL Accounts Payable Check 267.02 89330 4/18/2003 DIANNE M. PELLETIER Accounts Payable Check 35.00 89331 4/18/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 130.70 89332 4/18/2003 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 12.87 89333 4/18/2003 PIERCE MANUFACTURING, INC. Accounts Payable Check 302.25 89334 4/18/2003 PITNEY BOWES, INC. Accounts Payable Check 137.28 89335 4/18/2003 PLATINUM PLUS FOR BUSINESS 1280 Accounts Payable Check 567.49 89336 4/18/2003 PLATINUM PLUS FOR BUSINESS 1306 Accounts Payable Check 25.00 89337 4/18/2003 POOR RICHARD'S PRESS Accounts Payable Check 531.22 89338 4/18/2003 PRO MOTION Accounts Payable Check 643.50 89339 4/18/2003 PRODUCERS DAIRY FOODS, INC. Accounts Payable Check 24.40 89340 4/18/2003 PUBLIC SECTOR EXCELLENCE Accounts Payable Check 270.00 89341 4/18/2003 GRACE L. PUCCI Accounts Payable Check 135.00 89342 4/18/2003 QUILL CORPORATION Accounts Payable Check 459.66 4/18/2003 RADIO SHACK CORPORATION Accounts Payable Check 46.69 •89343 89344 4/18/2003 RAINBOW MEALWORMS,INC. Accounts Payable Check 72.31 89345 4/18/2003 RECOGNITION WORKS Accounts Payable Check 142.86 89346 4/18/2003 RED'S PLUMBING Accounts Payable Check 514.05 89347 4/18/2003 REVENUE & COST SPECIALISTS LLC Accounts Payable Check 8,000.00 89348 4/18/2003 RACHELLE RICKARD Accounts Payable Check 300.00 EDUCATION CENTER, INC. ROCKHURST COLLEGE Accounts Payable Check 395.00 89349 4/18/2003 89350 4/18/2003 ROHRER HAY & FEED SALES Accounts Payable Check 120.89 89351 4/18/2003 STEVE ROMO Accounts Payable Check 85.00 89352 4/18/2003 RRM DESIGN GROUP Accounts Payable Check 40.30 89353 4/18/2003 RTC R THOMPSON CONSULTING Accounts Payable Check 600.00 89354 4/18/2003 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 293.09 89355 4/18/2003 SAN LUIS PERSONNEL INC. Accounts Payable Check 425.85 89356 4/18/2003 SAN LUIS POWERHOUSE Accounts Payable Check 82.50 89357 4/18/2003 SAN LUIS SECURITY Accounts Payable Check 64.00 89358 4/18/2003 SAN LUIS SURGICAL SUPPLY Accounts Payable Check 36.47 89359 4/18/2003 SANTA MARIA TIRE, INC. Accounts Payable Check 1,110.88 89360 4/18/2003 WENDY SCALISE Accounts Payable Check 75.00 89361 4/18/2003 LISETTE SCHOLL Accounts Payable Check 149.10 City of Ataseadero Disbursement Listing For the Month of April 2003 Check Check Number Date Vendor Description Amount 89362 4/18/2003 SCMAF Accounts Payable Check 440 89363 4/18/2003 JOHN SIEMENS Accounts Payable Check 273.60 89364 4/18/2003 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 50.00 89365 4/18/2003 DAVID L. SMAW Accounts Payable Check 302.00 89366 4/18/2003 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE Accounts Payable Check 182.33 89367 4/18/2003 STAPLES CREDIT PLAN Accounts Payable Check 209.10 89368 4/18/2003 STEWART'S WHEEL SHOP Accounts Payable Check 65.00 89369 4/18/2003 KURT W. STONE Accounts Payable Check 80.00 89370 4/18/2003 SUNLIGHT JANITORIAL Accounts Payable Check 1,325.00 89371 4/18/2003 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 582.25 89372 4/18/2003 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 120.00 89373 4/18/2003 TED MILES JEEP Accounts Payable Check 270.50 89374 4/18/2003 TEMPLETON FEED & GRAIN Accounts Payable Check 132.80 89375 4/18/2003 TERRY & PAULSON ENTERPRISE INC Accounts Payable Check 91.91 89376 4/18/2003 TESORO CAR WASH Accounts Payable Check 75.00 89377 4/18/2003 THOMA ENGINEERING, INC. Accounts Payable Check 2,300.00 89378 4/18/2003 TOP SHOP UPHOLSTERY Accounts Payable Check 307.25 89379 4/18/2003 MARCIA TORGERSON Accounts Payable Check 120 89380 4/18/2003 TURF STAR, INC. Accounts Payable Check 3 89381 4/18/2003 GREGORY UGARTE D.V.M. Accounts Payable Check 150.00 89382 4/18/2003 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 11.32 89383 4/18/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,312.48 89384 4/18/2003 TOM VELASQUEZ Accounts Payable Check 34.00 89385 4/18/2003 VERIZON WIRELESS Accounts Payable Check 43.21 89386 4/18/2003 MATT VIERRA Accounts Payable Check 10.00 89387 4/18/2003 VONS Accounts Payable Check 67.01 89388 4/18/2003 TOM WAY Accounts Payable Check 50.00 89389 4/18/2003 WESTERN JANITOR SUPPLY Accounts Payable Check 62.56 89390 4/25/2003 ATASCADERO FIRE DEPT EMP. ASSN Payroll Vendor Payment 240.00 89391 4/25/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 89392 4/25/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 376.00 89393 4/25/2003 COUNTY -CITY EMPLOYEES CU Payroll Vendor Payment 625.00 89394 4/25/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,596.90 89395 4/25/2003 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 696.16 89396 4/25/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,290 029 Check Date 4/25/2003 4/25/2003 4/25/2003 4/25/2003 4/25/2003 4/25/2003 4/25/2003 4/25/2003 4/29/2003 City of Atascadero Disbursement Listing For the Month of April 2003 Vendor ICMA RETIREMENT TRUST - 457 KENNEDY CLUB FITNESS PERS LONG TERM CARE PROGRAM PUBLIC EMPL RETIREMENT SYSTEM MATTHEW SALDANA SEIU LOCAL 620 AFL-CIO UNITED WAY OF SLO COUNTY WASHINGTON MUTUAL BANK MID -STATE BANK Description Amount Payroll Vendor Payment 400.00 Payroll Vendor Payment 88.00 Payroll Vendor Payment 32.31 Payroll Vendor Payment 19,644.62 Accounts Payable Check 646.57 Payroll Vendor Payment 531.72 Payroll Vendor Payment 33.00 Payroll Vendor Payment 652.05 Payroll Vendor Payment 30,796.62 $ 715,979.83 030 • Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-6 DATE: 06/10/2003 Sponsorship Agreement with the California Conservation Corps RECOMMENDATION: Council authorize the City Manager to execute a Sponsorship Agreement between the City of Atascadero and the California Conservation Corps. DISCUSSION: • The City of Atascadero has partnered with the California Conservation Corps (CCC's) to complete a variety of minor landscape and park related construction projects. The minor projects completed by the CCC's for the City of Atascadero include trail building, stone wall repairs and habitat restoration projects. The local CCC staff has proven skills to complete a variety of public works related projects and it is the desire of City staff to utilize their services on the upcoming Atascadero Lake Pathway Improvement Project. The CCC's have the necessary expertise; skills and abilities to complete significant portions of this upcoming project. In addition, the CCC's have been sensitive to environmental issues and cooperative with staff in the conduct of their work. These attributes, along with their ability to be flexible with project scheduling, make the CCC's a cost effective partner with the City to construct the pathway improvements. Some portions of the Atascadero Lake Pathway Improvement Project, including most of the concrete and asphalt work, are proposed for competitive bidding and would not be in the CCC's scope of work. Under the provisions of the California Government Code sections 6500, et. Seq., CCC Sponsor Agreements are considered a form of Joint Powers Agreement between equal governmental agencies; therefore, work performed by the CCC does not require a Public Interest Finding (competitive bidding). Previous projects completed by the CCC's for the City of Atascadero did not rise above the dollar amount necessary for a Sponsorship Agreement. 031 ITEM NUMBER: A-5 DATE: 06/10/2003 • FISCAL IMPACT: Federal Transportation Enhancement (TE) funding has been allocated for the Atascadero Lake Pathway Improvement project and will be used to cover the costs associated with this Sponsorship Agreement. ALTERNATIVES: Competitively bid the portions of the Atascadero Lake Pathway Improvement Projects proposed for completion by the CCC's. ATTACHMENTS: Attachment #1 - Attachment #2- 0 U Draft Sponsorship Agreement CCC Legal Office Correspondence 032 STATE OF CALIFORNIA --RESOURCES AGENCY GRAY DAVIS, GOVERNOR CCC -96 (REV. 11/98) CALIFORNIA CONSERVATION CORPS CCC District: Southern Coastal Los Padres Center 1719 24th Street, Sacramento, CA 95816 (916) 341-3112 • SPONSOR AGREEMENT (CCC -96) (Public / Governmental Entity) This agreement is made and entered into by and between the California Conservation Corps, State of California, hereinafter referred to as "CCC", and Sponsor's Name: City of Atascadero hereinafter called "Sponsor:" WHEREAS, the CCC wishes to provide training in job skills and environmental education to young men and women of California through a program which includes projects in public service conservation work, and WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects, and WHEREAS, the Sponsor shall provide opportunities for public use of project areas, and WHEREAS, the CCC shall generally be engaged in projects which preserve, maintain and enhance environmentally important lands and waters, and WHEREAS, the CCC shall accomplish useful and needed public works projects in both urban and • rural areas, and WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to any federal, state, or local agency and any local or statewide private organization concerned with the objectives of the Corps, and WHEREAS, the CCC may be reimbursed by the federal government, any state or local public agency, or any private organization for actual expenses incurred by the Corps for any project. NOW THEREFORE, in consideration of the above, the parties hereto agree as follows: A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with reference to any such proposals subsequently approved by the District Director, CCC, Sponsor agrees to: 1. Pay for all negotiated costs directly related to and necessitated by such projects. This may include, but not be limited to, reimbursement for CCC labor at the CCC's current fiscal year rate or at a negotiated rate on such projects. In the event that reimbursement is negotiated, further documentation will be necessary. 2. Demonstrate the availability of adequate plans and specifications, sufficient funds, materials, supplies, and equipment, adequate technical supervision and any special labor requirements to complete such project. • 3. Obtain the approvals and permits required by any other state, federal , or local agency necessary to commence construction or operation of such projects. Page 1 of 4 033 4. Obtain any clearances and meet any other requirements of trade unions or other labor organizations occasioned by the participation of the CCC in such projects. 5. When necessary, provide acceptable temporary living facilities for the duration of any • such projects located more than one hour's driving time from a CCC base center for CCC personnel actually engaged in working on such projects. 6. Hold an orientation meeting with CCC personnel at the commencement of such projects to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of such projects. 7. Present or arrange for an additional educational program or training opportunity at the CCC base center or project site. This presentation may have emphasis on the history of the project site or area, the public benefit to be derived from this or a similar project, the relationship of such projects to resources or wildlife management, or similar subjects. B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the priorities and resources of the CCC, as well as meeting the legislatively mandated criteria. The CCC shall submit to the sponsor, evaluations setting forth any special requirements or conditions occasioned thereby. By so doing, with reference to any such evaluations subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision, transportation (if within one hour's driving time by two -wheel drive vehicle from the nearest CCC base center),food and such tools as the CCC Project Coordinator determines to be available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be scheduled in accordance with the priorities and resources of the CCC. C. In accordance with Section 14304 of the Public Resources Code, CCC projects shall be directed toward providing opportunities to the public for the use of these natural resources and • environmentally important public lands and waters, while at the same time providing young men and women with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas shall be selected on the basis of the environmental and natural resource benefits each offers, the opportunities for public use each offers, and the on-the-job training value of each. D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction and control if the State Office of Emergency Services, Department of Forestry and other agencies to assist the people of the State of California in times of emergencies arising from fire, flood, wind, and other natural or man -caused disasters and emergencies. Projects will be performed within the rules and regulations of the CCC, which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations. The Sponsor further recognizes that the resources of the CCC are limited, and the public service conservation work of the CCC may be altered in priority from time to time. The parties agree that delays by either party shall be excused and costs caused by such delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC for emergency services may be required to reimburse exceptional costs; e.g., overtime. E. Work performed under this agreement will be under the immediate supervision of the CCC officials. The sponsor will provide such supervision, technical assistance, guidance and • inspection as it considers necessary to properly complete the work. Page 2 of 4 034 F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the property of the Sponsor. G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in any way convey to the CCC, its staff, or any person or persons working with the CCC in the • performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor. H. Upon completion of each project, or any phase thereof, permission is hereby granted to the CCC to place upon the project site a sign or emblem, consistent in size and design to its surroundings, indicating the participation of the CCC and the year thereof. The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers, agents and employees from any and all claims, or demands of liability caused by the indemnifying party during or after completion of the project, which is the subject of this agreement. The State of California has elected to cover its motor vehicle and general liability exposure through claims procedures instituted in accordance with the California Government Code provisions and the other provisions of the law relating to such liability. Pursuant to those procedures, tort liability claims should be submitted to the State Board of Control (headquarters office: 630 K Street, Sacramento, California 95814; government claims division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the California Government Code provisions and the other provisions of the law governing submission of such claims. In addition, unless notified otherwise or on behalf of the California Conservation Corps, motor vehicle liability claims may be forwarded to the • California Department of General Services, Office of Risk and Insurance Management (hereinafter referred to as "GRIM"), Claims Unit, 1325 J Street, Suite 1800, Sacramento, California 95814. It should be noted, however, that the willingness of ORIM to receive such motor vehicle liability claims does not constitute a waiver by the State of California or the California Conservation Corps of the time limits or procedures provided by law or the filing of claims relating to such motor vehicle liability. It also should be noted that the addresses set forth in this paragraph are subject to change; any claimant is advised to verify the accuracy and currency of addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the California Conservation Corps is waiving any time limits or procedures provided by law for filing claims related to alleged motor vehicle or general liability or any other alleged liability. The California Department of Personnel Administration has entered into a Master Agreement with the State Compensation Insurance Fund to administer workers' compensation benefits for State employees as required by the California Labor Code. J. Neither party may assign this contract or any interest therein without the written consent of the other party. K. All contracts relating to the construction or operation of the project, including those executed following completion of the project, shall contain a clause prohibiting discrimination against any employee or employee applicant engaged in project work or project operation, on the basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such Page 3 of 4- 035 clause shall include all aspects of employer-employee and employer-employee applicant relation: L. Subject to provisions herein, all remedies allowed by law are available to either party for enforcement of this contract. Any waiver of rights by either party or any matter relating to this • contract shall not be deemed to be a waiver on any other matter relating to this contract. M. If any part of this contract is found to be invalid the remainder of the contract shall continue in effect. N. This contract may be modified by mutual written agreement of the parties. O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice from either party to the other. P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend this agreement if made with a corporation for its general benefit. (Applicable only if Sponsor is an agency of the United States Government). �--1 LJ • wig_] 'AKIN -Ur MA 1 wig reement M S onsor Name: City of Atascadero Address: 6500 Palme City: Atascadero County: SLO Contact Person: Steve Kahi SIGNATURE BLOCK Agency Code: Index #: Sponsor Department: Public Works i Ave. State: California ZIP: 93422 Phone: 805-461-5020 IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as of the date shown below. Print District Director: 'r^61Q'X'c. SAro —�XN)GO-o Page 4 of 4 It 036 Nc V -09-9F3 .c11 : bt3A IL, L)ireciyor' s Ofit ice 9115 3Z-4 , 334/ IN.01 STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS CCC Legal Office 1719 24th Street, Sacramento, CA 95816 (916)341-3233 Public Agency Officials of any State or Local Entity Dear Public Official: Post -it" Fax Note 7671 Datej '(,� # of I- 3 To Fr /Dept a re. Co. Phone # Phone *<'-"9 1 •• I I Fax Fax # The California Conservation Corps (CCC) is a unique program which provides an opportunity for young people to develop skills while providing a valuable public service. There are many opportunities for a successful partnership with public agencies. This letter is written to assist you in working with the CCC by providing answers to some common questions. 1. Can a public agency contract with the CCC without going out to a competitive bid? An agreement between the CCC and another governmental entity does not require the competitive bid process. Pursuant to the provisions of the Joint Exercise of Powers Act (JEPA) California Government Code sections 6500, r et. Seq., CCC Sponsor Agreements are considered a Joint Powers Agreement between equal governmental agencies. The CCC is a state agency authorized to develop the employability of young adults through the completion of meaningful Public Service Conservation Work. Public Resources Code (PRC) 14306(8) specifically authorizes the director of CCC to "Execute contracts for furnishing the services of the corps to any federal, state, or local public agency." PRC 14306 (F), (J) and (1) authorize the director of CCC to: Obtain materials, equipment, tools, supplies, etc. ► Contract with third parties, public or private, to achieve corps objectives. ► Utilize any services, materials, or property of any state agency. The California Supreme Court has held that the JEPA provisions create a nonexclusive procedure for joint action by governmental entities [In re City & County of San Francisco, 191 Cal. 172 (1929).] Therefore, a governmental entity may employ the CCC without the need to go out to bid to perform those tasks which the entity has the authority to perform. 037 77e Mission of the California Conservation Corps is to provide meaningful work and educational opportunities to assist young men and women in becoming more employable, while protecting and enhancing California's environment, human resources and communities. • °t� bv-09='98 1'1 : 58A CCC D` reCi `tdr' s Off Ccs " 91'6 324' 33'4 P'. 02' • Public Officials Page Two 2. Is the CCC required to pay prevailing wages when working on public works projects? The CCC, as a public agency, is exempt from requirements to pay prevailing wages to corpsmembers when engaged in public work projects. The exemption applies when the CCC works on public work projects under an agreement with another public agency. The exemption does not apply to CCC subcontractors who are performing a public work. 3. What type of projects can the CCC participate in and what is the skill level of the CCC crews? The CCC has a national reputation for performing outstanding environmental and habitat restoration projects. These projects include providing a quick response to fire, flood and other emergency activities, as well as landscaping parks, building trails, and cleaning up oil spills. The CCC is also capable of • taking on light construction projects and has developed skills to retrofit buildings to become more energy efficient. The CCC can also meet the needs of public agencies by providing additional specialized training to address specific projects or by developing paid individual internships to assist sponsors on special assignments. 1� While CCC crews and CCC supervisors can offer a range of technical project abilities, crew abilities may differ and specific project expectations are left to the determination of local CCC staff and project sponsor. I hope this letter provides some clarification on the questions raised above. If 1 can provide additional information, please feel free to contact me at (916) 341-3233. We look forward to doing business with you. Sincerely, Bru Ogden Chief Counsel 1- 038 The Mission of the Califomia Conservation Corps is to provide meaningful work and educational opportunities to assist young men and women in becoming more employable, while protecting and enhancing Caftmia's environment, human n:soun:es and communities. • ITEM NUMBER: A-6 DATE: 06/10/2003 Atascadero City Council Staff Report - Community Services Department Hot EI Camino Nite Road Closure RECOMMENDATION: Council approve the draft Resolution authorizing the closure of EI Camino Real from Rosario to Curbaril on Friday, August 15, 2003 from 6:30 p.m. until 8:30 p.m. DISCUSSION: On Friday, August 15, 2003, City staff is proposing to close EI Camino Real from • Curbaril to Rosario from 6:30 p.m. until 8:30 p.m. to conduct the annual Hot EI Camino Nite Cruise. For the fourth year, The Hot EI Camino Nite Cruise event will be coordinated by the Atascadero Community Services Department. The Hot EI Camino Nite Cruise attracts thousands of tourists and spectators who line EI Camino Real to view the cruise vehicles that participate in this growing event. Last year, there were over 400 vehicles registered. The route for this year's "Cruise" is proposed to begin at Curbaril and end at Rosario, in front of the Police Station. The route requires that CalTrans close the northbound Highway 41 exit and the detouring of Highway 41. CalTrans has requested a resolution from the Atascadero City Council authorizing the closure of EI Camino Real along the proposed "Cruise" route. FISCAL IMPACT: None. This is a non-profit event sponsored by the City of Atascadero, a governmental agency. CalTrans will issue the permit free of charge if all traffic control and ramp closures are handled as per the permit provisions. The event will cover its direct costs and a large portion of its indirect costs. The event provides economic benefits to many Atascadero businesses. 039 ITEM NUMBER: A-6 DATE: 06/10/2003 • ALTERNATIVES: None proposed. ATTACHMENTS: Draft Resolution authorizing the Closure of EI Camino Real Map of the proposed Hot EI Camino Nite Cruise route Hot EI Camino Nite flyer — "Cruisin' with the Red, White and Blue" • r� 040 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY CRUISE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Hot El Camino Nite car cruise route is hereby established as El Camino Real from Rosario to Curbaril; Sinaloa from Curbaril to Pueblo; Pueblo from Sinaloa to El Camino Real; and BE IT FURTHER RESOLVED 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 6:30 p.m. until 8:30 p.m., August 15, 2003; PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 10a' of June 2003. ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney CITY OF ATASCADERO JERRY L. CLAY, Sr., Mayor -- 041 • • • • LEGEND Station © Cruise Pass Registration Registration Entrance .............,Registration Line-up Cruise Route • Hall Hwy. 41 E Closed Santa Lucia Bank Carbaril I 2003 Hot El Camino Mite Proposed Cruise Route Pass Registration Registration Entrance 042 Ctcv Of C'7 Closed, June 23-Augu City of At 6500 Palma Atascadero, $10 per vehic' g both walk-in and egistration accepted c egistration particip ss in the mail prior WAIte hereby release the City of"A a*O IFiples from responsibility, l;ab�i Ai&Cruise Nite Atascadero o" ca00%, California. SIM= jam. QQ- please call K CITY/STA` YEAR: LIC all employees, and th hof damage or loss to If yout�ustnss is interested in sponsoring the Cruise, please call 'r0 • Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-7 DATE: 06110/2003 EI Camino Real Downtown Improvement Project Bid No. 2003-001 RECOMMENDATION: Council authorize the City Manager to execute an agreement with R. Burke Corporation for construction of the EI Camino Real Downtown Improvement Project. DISCUSSION: • On May 28, 2002, Council received a report on the alternatives for Downtown EI Camino Real Improvements and selected Alternative #3 as the preferred alternative. Phase I of Alternate #3 included a median on EI Camino Real (ECR) from Entrada to Traffic Way; bulb -outs at Traffic Way and Entrada; a raised crosswalk; and, improved sidewalks. The plan has been expanded to include improvements along the vacant lot on the northeast corner of Traffic Way and EI Camino Real. City staff did all of the project engineering and produced the civil drawings. RRM Design Group and Thoma Electric were hired to complete plans for the landscape construction and electrical/lighting, respectively. The plans include the follow improvements on EI Camino Real from Traffic Way to Entrada and Traffic Way from EI Camino Real to the alleyway behind the Carlton Hotel: • Improved Sidewalks (Colored and Scored, with paver bands) ` • New pavement. • Raised crosswalk (on ECR at Entrada). • Median on ECR from Traffic Way to Entrada. • Bulb -outs. • Valet Parking area in front of Carlton. • Planting and Irrigation system. • Landscaping (Concrete Urns, Trash Receptacles, Recycling Receptacles, Ash Receptacles, Benches, Bike rack). • New street lighting. • Oak Tree (72" Box, placed in median) Specimen will be relocated to project from 3-F Meadows project, if a suitable specimen can be acquired. 044 ITEM NUMBER: A-7 DATE: 06/10/2003 • The project was bid with two bid alternates that could be added at the City's discretion. Bid Alternate A included electrical work (lighting/wiring). Bid Alternate B included Landscape Construction (Urns, Trash Receptacles, Benches, etc.). The project award is based upon the Base Bid. Bids were received for the EI Camino Real Downtown Enhancement Project and publicly opened on May 22, 2003 at 2:00 P.M. Wysong Construction Co. was the apparent low bidder. However, review of Wysong's bid revealed mathematical errors, which resulted in R. Burke Corporation submitting the lowest Base Bid in the amount of $483,310.65. The Bid for Add/Alternate A was $64,150.00. The Bid for Add/Alternate B was $42,622.00. The total bid was $590,082.65. The Engineer's Estimate for this project was $612,000.00. A bid summary prepared by the City Clerk has been included for refe finde. s R. he bids Burke have been checked for completeness and accuracy and staffCorporation to be the lowest responsive bidder. FISCAL IMPACT: The original engineer's estimate for Phase I of Alternate No. 3 was $293,300. This • estimate did not include any of the landscape construction amenities (bollards, urns, benches, etc.), the sidewalk work around the vacant lot at the northeast corner of EI Camino Real and Traffic Way, nor the street lighting. The estimate also did not include the paving adjacent to the vacant lot on EI Camino Real and Traffic Way due to a change in the sidewalk grades. These additions account for most of the price discrepancy. Additional funds will be allocated to the project as part of the 2003-2005 budget process. The schedule below shows the anticipated budget. PROJECT BUDGETED EXPENDITURES Design $85,470 Construction $612,000 Construction Support (10% of Construction) $61,200 Contingency (15% of Construction) $91,800 TOTAL BUDGETED EXPENDITURES $850,470 045 ITEM NUMBER: A-7 DATE: 06/10/2003 PROJECT BUDGETED SOURCES STIP $298,000 Redevelopment Funds $259,840 Circulation Systems Fees Fund $273,380 Partnership for Public Health Endowment $19,250 TOTAL BUDGETED SOURCES $850,470 ALTERNATIVES: • 1. Award Base Bid, Alternate A and Alternate B - $817,300 2. Award Base Bid and Alternate A - $737,050 3. Award Base Bid and Alternate B - $710,100 4. Award Base Bid only - $656,850. 5. Do not Award Contract — STIP funding relinquished back to State. • ATTACHMENT: Bid Summary 046 • City of Atascadero Office of the City Clerk BID SUMMARY TO: Jeff Van Den Eikhof Public Works Department FROM: Barbara J. Patton, Deputy City Clerk BID NO.: 2003-001 OPENED: May 22, 2003 — 2:00 p.m. PROJECT: El Camino Real Downtown Enhancement Project • (5 ) Bids were received and opened today, as follows: Bidder Total Base Bid R. Burke Corporation $ 483,310.65 P.O. Box 957 San Luis Obispo, CA 93406 Madonna Construction Company $ 585,250.10 P.O. Box 3910 San Luis Obispo, CA 93403 Wysong Construction Co. $ 480,880.97 8720-B El Camino Real Atascadero, CA 93422-5351 Whitaker Contractors $ 609,371.95 P.O. Box 910 22985 El Camino Real Santa Margarita, CA 93453 rri Granite Construction $ 576,069.00 • P.O. Box 6744 Santa Barbara, CA 93160-6744 Attachments: 5 bids 047 • Atascadero City Council Staff Report - Fire Department ITEM NUMBER: A-8 DATE: 06/10/2003 Weed Abatement - Contract Award Amendment RECOMMENDATION: Council authorize the City Manager to execute the contract with Jack R. Bridwell for weed abatement. DISCUSSION: On May 27, Council awarded the weed abatement contract to Roberto E. Le -Fort, lowest bidder. However, on June 2, Mr. Le -Fort declined the award. At the time of bid opening, there were two bidders for the weed abatement contract: Roberto E. Le -Fort and Jack R. Bridwell. (See attached bid summary.) With the decline of the lowest bidder, staff recommends awarding the contract to Jack R. Bridwell. FISCAL IMPACT: None. Funds are budgeted annually to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ALTERNATIVES: Council can reject the bid and re -bid the contract. This alternative is not recommended because it would not allow the appropriate time to enter assessments on the 2002-2003 tax roll. ATTACHMENTS: Contractor Bid Summary Agreement for Services of Contractor — Proposed Contract • City of Atascadero Office of the ON Clerk • C7 BID SUMMARY TO: Fire Department FROM: Marcia McClure Torgerson, City Clerk BUD NO.: 2003-005 OPENED: 2:00 p.m. — 5/1/03 PROJECT: Weed / Refuse Abatement Contractor (2) Bids were received and opened today, as follows: Bidder Bid Tractor Moving Hand Work (4 -person weed eater crew) Roberto E. Le -Fort $25.00 tractor per '/z hr. $50.00 entire crew per'/2 hr. 9122 Huer Huero Rd. Creston, CA 93432 Jack R. Bridwell 11600 Viejo Camino Atascadero; CA 93422 Attachment: 2 bids $40.00 tractor per '/z hr. $70.00 entire crew per '/z hr. • WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution, as set forth below, by and between Jack R. Bridwell, a weed abatement contractor, hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until May 31, 2004, or is terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to • perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above -referenced services. Contractor may, at Contractor's own expense, employ such assistants, as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. • 050 2.00 OBLIGATIONS OF CONTRACTOR • 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and instrumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, . disability, or death of any Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, it's elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold -harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. • 2 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 051 2.05 INSURANCE. Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such • insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property • of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. • WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 200 • C. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least 30 days prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 2.06 REMEDY FOR CONTRACTOR'S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process. Upon identification that an error was made on the contractor's part, the abatement officer shall present the documentation, which explains the error to the contractor for reimbursement. The contractor shall provide reimbursement within seven days of notification by the abatement officer for his portion of the abatement fee, plus the County fee for billing. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. • 3.02 PLACE OF WORK: City agrees to furnish space for use by Contractor while performing the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. • 4 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 053 4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the • following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the 30 days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non -breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on May 31, 2004 unless extended as set forth in this section. The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. The condition of this contract is to abate those properties as identified and presented for City Council action on April 22, 2003 and work is to be completed prior to • July 29, 2003. Any subsequent abatable properties discovered after July 29, 2003, will be forwarded to the contractor within the one-year contract window. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. • 5 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-20044 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or related to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: . PARTY ADDRESS A. . CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: Fire Department B. JACK R. BRIDWELL 11600 Viejo Camino Contractor Atascadero, CA 93422 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. is 6 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 200M 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, . void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall • be made only with the mutual written consent of all of the parties to this agreement. WEED ABATEMENT PROGRAM • AGREEMENT FOR SERVICES 2003-2004 11 056 • • Executed on June 10. 2003 , at Atascadero, California. ATTEST: MARCIA MCCLURE TORGERSON City Clerk APPROVED AS TO FORM: ROY A. HANLEY City Attorney APPROVED AS TO CONTENT: RACHELLE RICKARD Administrative Services Director CITY OF ATASCADERO WADE G. MCKINNEY City Manager CONTRACTOR: M. JACK R. BRIDWELL Contractor g WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 O EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying vegetative growth (noxious or dangerous weeds) or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. • • WEED ABATEMENT PROGRAM • AGREEMENT FOR SERVICES 2003-2W4- • • • EXHIBIT B CONSIDERATION FOR SERVICES Bid No. 2003-005, as follows: Mowing large parcels (one acre or more) by tractor with operator, shall be the rate of $40.00 per 1/2 hour, with the minimum time per job on any parcel or lot to be one-half hour. Hand work (weed -eater) on small lots or lots not accessible with a tractor, the cost shall be $70.00 per'/2 hour (entire 4 -person crew), with the minimum time per job on any parcel or lot to be one-half hour. Hauling of debris from parcels to the landfill, the cost shall be as follows: BAGS & CANS 30 Gal Bag 30-55 Gal Can SMALL LOAD (1.1 Yds') Foreign pickup with toolbox Partial pickup load $ 40.00 MINIMUM LOAD (1.7 Yds') $ 40.00 Shortbed and small pickup Longbed pickup with toolbox Longbed less than full Trailer up to 7' long LARGE LOAD $ 70.00 Longbed pickup even with cab Flatbed pickup Flatbed or trailer longer than 8' LOADS OVER 2.2 Yds' or 10,000 lbs (gross vehicle weight) are weighed $ 100.00 10 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2Q� COMMERCIAL RATES PER TON: COMMERCIAL $ 100.00 Uncompacted FRANCHISED HAULER $ 100.00 Uncompacted FRANCHISED HAULER $ 60.00 Compacted TIRES $ 100.00 *State tire hauler permit required to haul more than 7 tires RECYCLE CHARGES: Appliance with freon $ 30.00 Appliance without freon $ 30.00 Mattress/Couch $ 40.00 Television or Computer Monitor $ 40.00 Tires: Passenger tire $ 4.00 Passenger car tire on rim $ 10.00 Truck tire under 24 x 24 $ 14.00 Truck tire on rim $ 25.00 Passenger tire over 24 x 24 $ 25.00 * First TV/Monitor free; more than one TV/Monitor $20 each. Chicago Grade Landfill Fees The contractor pays these fees upon the delivery of each load The City reimburses these costs when the original receipt is attached to the corresponding parcel worksheet. 11 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 • • • • Photos: The contractor, upon being awarded the abatement contract, must provide evidence of insurance as per city requirement of Agreement for Service of Contractor. He/she must provide a camera and all the color film needed, so as to take a picture of each lot he/she cleans before and after work is completed. The photos are to include items to be removed, such as: weeds, refuse, appliances, or any other abatable material, as directed in the contractor's work order. Significant identified landmarks must also be included within the picture so as to confirm location. Before and after photos shall be taken from the exact place and direction, so as to include significant and identifiable landmarks, as defined nd after hots, andhubm submitted Captain. attachmentntoseach be developed, organized by pairs of before appropriate contractor's work order/billing for abatement work provided. All photos must be identified by parcel number, with an easel or dry erase board in the photo with the appropriate Assessor Parcel Number (APN) indicated. The APN indicated on the board must be clearly visible for paymen� As a bidder and proof of work performed, you are responsible for all costs incurred to generate the required photos. All photos are to be organized and mounted on pages supplied by the city, submitted along with the completed worksheets with all billable time entered by the contractor, and delivered to the fire department's administrative secretary as each book is completed during the weed abatement process. Payment: Calculated worksheets are to be submitted to the Fire Department Administrative Secretary by fiscal year: one for all work completed during the 2002-2003 fiscal year (June 7 — 30), and another for 2003-2004 fiscal year (July 1 — 29). The due dates of the calculated worksheets are • time sensitive as listed below and must be adhered to: 2002-2003 (June 7 - 30) ---------------Due: July 1 2003-2004 Jul 1 - 29 Due: July 29 Year-round abatements are paid by calculated worksheet and invoice. Assurance: The contractor will hold the City harmless from any failure or inability to prove that the work was completed. The contractor will hold the City harmless from any errors or omissions of the contractor, even where those errors or omissions are discovered past the date of payment for work performed. Safe Safety equipment to be provided as required by the City of Atascadero Fire Department. Each towing and/or crew vehicle must have installed, on board, one 2A1 OBC fire extinguisher and two round -point shovels. Each tractor must have installed, on board, one 2 1/2 gallon water extinguisher and one 2AlOBC fire extinguisher. Prior to beginning work, the contractor must schedule an inspection of all equipment with the weed abatement officer at fire station one. Each tractor and weed eater must have spark arrestors, and be inspected for continuity. • 12 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 04 0- • Atascadero City Council Staff Report - City Manager's Office Information Bulletin A. North County Aquatics Summer Swim Lessons ITEM NUMBER: B-2 DATE: 05/13/2003 North County Aquatics currently runs all of the swim lessons in the City at the High School pool. Matt Brown from North County Aquatics met with Atascadero Unified School District representatives Kim Spinks, Jim Stecher and Steve Shields. The school district indicated that they intend to charge NCA $22.80 per hour this summer to use the pool from 9:00 a.m. to 12:00 noon and 4:30 to 7:00 p.m. In the past, NCA has paid $75 per week or $1,000 for the summer for rental of the pool. NCA reported that it cannot afford to offer the swim lesson program if the school district charges $22.80/ hr. for pool rental. North County Aquatics may take the program to San Luis Obispo where they pay $2 per swimmer. They have already taken some registration for swim lessons but have not yet sent flyers to the schools because of the fee. NCA has listed the swim lessons in our Summer Activity Guide, which goes to print next week. People anticipating summer swim lessons will be contacting the City. We expect negative public reaction over the situation, if NCA does not offer the swim lessons this summer. Currently, the City has no funds budgeted to run this program, and it would be very difficult to do so at this late date. 063 • Atascadero City Council ITEM NUMBER: B-1 DATE: 06/10/2003 Staff Report- Community Development Department Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 Santa Ysabel Mixed -Use Infill Development Appeal 2003-0002 RECOMMENDATION: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52 -inch native oak tree. REPORT -IN -BRIEF: Appeal 2003-0002 appealing of the Planning Commission's approval of Conditional Use Permit 2002-0085 for a multi -family residential structure to be constructed on an infill parcel as part of a mixed-use development. Situation and Facts: 1. Appellant: Joan O'Keefe 2. Project Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero 3. Project Address: 7250 Santa Ysabel Avenue, Atascadero, CA 93422 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR). 6. Site Area: 0.184 Acres (gross) 064 ITEM NUMBER: B-1 DATE: 06/10/2003 • 7. Existing Use: Vacant interior lot 8. Environmental Status: Mitigated Negative Declaration Location/Site description: The site is located at the end of a private driveway that services single-family residences that are part of a PD -7 development fronting Santa Ysabel Avenue. The PD -7 development takes access from the east side of Santa Ysabel Avenue, approximately 500 yards south of Highway 41/Morro Road. The project site is bordered on the east by the Hunt commercial center. The private driveway contains an ingress/egress easement for the benefit of the subject parcel. The property is relatively flat and contains two native trees. The lots adjacent to the property at the sides and rear are located in the commercial zone and range in size from 0.72 acres to 1.55 acres. 065 ITEM NUMBER: B-1 DATE: 06/10/2003 DISCUSSION: Background. The following is a timeline of approvals related to the project: April 3, 2002, staff approved a Precise Plan for a commercial building at 7253 El Camino Real, the lot fronting EI Camino Real immediately adjacent to and east of the project site. • May 14, 2002, City Council approved a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map located at 7250 Santa Ysabel Avenue. The Zone Change . 066 ITEM NUMBER: B-1 DATE: 06/10/2003 approval established a Planned Development #7 overlay on the site subject to a master • plan of development (CUP) that allowed nine (9) single-family residences to be constructed. The PD -7 development occurs immediately to the east of the project site. March 4, 2003, the Planning Commission approved a request to allow an interior infill lot to function as the minimum multi -family residential portion of a mixed-use development with the Commercial Building to the west. Planning Commission concluded that findings for a Mixed Use Conditional Use Permit could be applied to permit creation of the four -unit multiplex. The approval included conditions of approval that the applicant provides code required covered parking on the parcel. March 17, 2003, staff received a request to appeal the Planning Commission's approval of the mixed-use residential structure based on evidence that the residents of the neighboring PD -7 development were not noticed of the public hearing for the project. ANALYSIS: Appeal Issues: An appeal request was made based on evidence that the residents of the Planned Development located adjacent to the project at 7253 Santa Ysabel were not notified of • the Planning Commission Public Hearing, and thus not given the opportunity to have input. Staff has investigated the issue of the noticing and determined that the properties were sold during the permit process and these updates were not including in the mailing list. While the noticing met the legal requirements of the municipal code, the majority of property owners affected by the project were not notified. The primary issue that the neighborhood has raised is the compatibility of the 4 -unit complex within a single-family project and the loss of the native oak tree. Staff Comment. Staff notes that the four -unit multi -family structure will require the removal of one large white oak and possible impacts to another smaller tree. In addition, the character of the project may be out of place within a single-family development. In further review of the project and discussions with the applicant, it is staff's opinion that a better project would be a single-family dwelling on the lot and preservation of the oak tree. In order to allow a single-family dwelling a General Plan amendment would need to be processed changing the land use from commercial to multi -family residential. This amendment allows the site to be included within the adjacent PD -7 master plan of development and a residential single-family structure consistent with the character of the development to be constructed. Staff is recommending that the project be returned to staff to work with the applicant to develop a revised project with a General Plan • Amendment and Zone Change. Staff is also recommending that the Council authorize 067 lex with king uired oak removal ITEM NUMBER: B-1 DATE: 06/10/2003 one of the City's reserved land use amendment cycles to be used for this project to avoid processing delays. Planning Commission Approved Project • Staff Recommended Alternative • ITEM NUMBER: B-1 DATE: 06/10/2003 Planning Commission Approval CUP 2002-0085 is Multi-Family Project Design: Architecture & Colors: The buildings have been designed with a Mediterranean character using a variety of colors, materials, rooflines, trim bands, and the roof. )ark Base Color to "Ground" Building • 0 Front Rear Elevation -see comments above as ♦fir^~_^rw'I ^i t �s'T Sa'J{Y'�nf, � FPG C�■r .. ••C� I ISS ,I.rl�"�*■+�R 'f�� o ire Horizontal- Trim b , 0 V �PINK" o ■■ Sh AM utters Rear Elevation -see comments above ITEM NUMBER: B-1 DATE: 06/10/2003 Parking/Access: Based on the on-site parking requirements for multi -family residential uses, the site is required to provide 6 uncovered parking spaces. The project has been conditioned to provide a total of 6 parking spaces. A reciprocal access, utility, and parking easement was also a condition for the project. i Site Design / Landscaping: The project is required by code to provide at least 10% parking lot landscaping. In addition, a landscape and irrigation plan is a condition for the residential structure and would be required at the time of building permit submittal. Multi -family residential projects are required to provide a 300 square -foot private or 1000 square - foot combined landscaped recreational open space area. Oak Tree Preservation and Removals: There are two native trees located on the project site. The applicant proposed to remove one 52 -inch native white oak tree, and avoid an 18 -inch white oak. A certified arborist evaluated the native trees on-site and provided preservation measures whereby the impacts to the tree could be mitigated. Upon further review it was determined that impacts to the 52 -inch white oak were too great for the tree to survive and would pose a future safety hazard. The arborist stated that the oak is in poor condition, therefore the Commission could make the finding that the tree is dead, diseased or dying beyond reclamation as certified by a tree condition report prepared by a certified arborist. Subsequently, the Planning Commission approved the removal of the 52 -inch white oak. Staff recommended payment into the Tree Mitigation Fund consistent with the Atascadero Native Tree Ordinance. • 070