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HomeMy WebLinkAboutAgenda Packet 02/12/2002 AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2002 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4" Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION, 7:00 P.M.: • PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation - Proclaiming February 2002, "Scouting Anniversary Month." 2. Proclamation - Proclaiming February 17-23, 2002, "National Engineers Week." 3. Yes on Measure A - 2002 Campaign - Dr. Thomas Hale, Citizens for a Healthier San Luis Obispo County. • 4. Tobacco Settlement Funds Initiative - David Edge, San Luis Obispo County Chief Administrative Officer 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.) 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 January 22, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of January 22, 2002. [City Clerk] 2. City Treasurer's Agenda Report December 2001 • City Treasurer recommendation: City Council review and accept the December 2001 Treasurer's Report. [City Treasurer] 3. December 2001 - Accounts Payable and Payroll ■ Fiscal Impact: $1,066,959.43 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for December 2001. [Administrative Services] 4. Ordinance Regulating Use of Dangerous Weapons Including Bows —Second reading ■ Fiscal Impact: None ■ City Attorney recommendation: City Council adopt, on second reading by title only, draft Ordinance amending the Atascadero Municipal Code regulating the use of dangerous weapons within the City limits. [City Attorney] 5. Charles Paddock Zoo - State Grant Funds Resolution ■ Fiscal Impact: The grant will provide new revenue to the City, the total amount in unknown. • Staff recommendation: City Council approve draft Resolution authorizing the City Manager to apply for grant funds from the Dr. Paul Chaffee Zoological Program under the Safe Neighborhood, Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. [Community Services] • 2 6. Pavilion Lease Agreement - Hope Lutheran Church • 0 Fiscal Impact: Revenue of $9,600.00 per year for 2 years. ■ Staff recommendation: City Council authorize the City manager to enter into a two-year Tease agreement with Hope Lutheran Church of Atascadero for the use of the Atascadero Lake Pavilion on Sunday mornings. [Community Services] 7. EI Camino Real Bikelanes Phases 2 & 3 - Bid No. 2000-05 ■ Fiscal Impact: $142,286.00 ■ Staff recommendation: City Council authorize the City Manager to execute an agreement with Souza Construction, Inc. for $142,286.00 to construct the EI Camino Real Bikelanes, Phases 2 & 3. [Public Works] 8. Acceptance of Final Parcel Map - 2001-0020 / Tract 2166 (9244 San Rafael Road - Gearhart) ■ Fiscal Impact: None ■ Staff recommendation: City Council: 1. Accept Final Parcel Map 2001-0020 (Tract 2166); and 2. Reject the offers of dedication for street and utilities as shown on Final Parcel Map 2001-0020. [Public works] 9. Acceptance of Final Parcel Map - 2001-0008 / AT 00-202 (3100 Ardilla Rd. - Hanson/Gearhart) ■ Fiscal Impact: None ■ Staff recommendation: City Council accept Final Parcel Map 2001-0008 (AT 00-202). [Public Works] • 10. Curbaril Overlay II, 2002 Road Rehabilitation Projects and 2003 Road Rehabilitation Projects - Design and Construction Services ■ Fiscal Impact: $193,575.00 ■ Staff recommendation Council: 1. Reallocate $217,800 in the 2001-2003 Capital Projects Program from the San Fernando Road Overlay to the EI Camino Real Overlay - Santa Rosa to Viejo Camino; and, 2. Authorize ,the City Manager to execute an agreement with Pavement Engineering, Inc. for design and construction services for Curbaril Overlay II, 2002 Road Rehabilitation Projects, and 2003 Road Rehabilitation Projects; and [Public Works] B. MANAGEMENT REPORTS: 1. Proposition 42 - Transportation Congestion Improvement Act ■ Fiscal Impact: Potential new revenues for roads and transit. ■ Staff recommendation: City Council approve draft Resolution supporting Proposition 42 on the March 2002 ballot. [City Manager] C. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): • Mayor Arrambide 1. S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) 2. Water Committees 3. County Mayor's Round Table 3 Mayor Pro Tem Scalise 1. Finance Committee • 2. City / Schools Committee 3. Atascadero State Hospital Advisory Board 4. Economic Vitality Corporation, Board of Directors (EVC) Council Member Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. North County Homeless Coalition Council Member Johnson 1. Local Agency Formation Commissions (LAFCO) Council Member Clay 1. Air Pollution Control District (APCD) 2. City / Schools Committee 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. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the February 12, 2002 Regular Session of the Atascadero City Council was posted on February 5, 2002 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at that location. Signed this 5"' of February, 2002 at Atascadero, California. LM 1 Marcia McClure Torgerson, City C rk City of Atascadero • 4 City of Atascadero WELCOME TO THE A TA S CADER 0 CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 311) available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff'-in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • • You must approach the podium and be recognized by the Mayor • Give your name and address(not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). • TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. • PROCLAMATION OF THE CITY OF ATASCADER0 PROCLAIMING FEBRUARY, 2002 AS "SCOUTING ANNIVERSARYMONTH" WHEREAS, the success of Scouting for Cub Scouts, Boy Scouts, and Venturing depends on our community organizations; and WHEREAS, there are 178 churches and synagogues, schools and parent-teacher associations, service and fraternal clubs, and other community organizations that have been chartered in our area by the Boy Scouts ofAmerica to use the Scouting program; and WHEREAS, the volunteer leaders selected by these chartered organizations are performing an outstanding service for 5,115 boys and young men and women; and • WHEREAS, the Los Padres Council of the Boy Scouts of America and its corps of dedicated volunteer leaders are providing necessary support to the leaders in the 249 Cub Scout packs, Boy Scout troops, and Venturing crews; NOW, THEREFORE, I, the Mayor of the City of Atascadero, do hereby proclaim February 2002, as SCOUTING ANNIVERSARY MONTH, and urge our citizens to join me in expressing appreciation to the community organizations and their volunteer Scout leaders for brining this values- based program to our young people. WITNESS THE OFFICIAL SEAL OF THE CITY.OF ATASCADERO: • . Michael Arrambide, Mayor City of Atascadero February 12, 2002 001 PROCLAMATION OF THE CITY Of ATASCADER 0 PROCLAIMING FEBRUARY 17- 23, 2002 as "NATIONAL ENGINEERS WEEK" WHEREAS the City Of Atascadero relies on its extensive systems of buildings, infrastructure and related amenities for the safe and efficient daily activities of our citizens; and WHEREAS, engineers have the scientific and technical knowledge and leadership skills to plan, design, construct, operate, and maintain this quality of life infrastructure; and WHEREAS, the American Society of Civil Engineers, America's oldest national professional engineering society, is celebrating its 15e anniversary in the year 2002; and • WHEREAS, the week of February 17—23, 2002 is National Engineers Week; NOW, THEREFORE, be it resolved that the City Council of the City of Atascadero hereby commends the many engineers who provide valuable service to our city, congratulate the American Society of Civil Engineers on their 15e anniversary, and declare the week of February 17—23, 2002 as: "NATIONAL ENGINEERS WEEK" in the City of Atascadero. WITNESS THE OFFICIAL'SEAL OF THE CITY OF A TA SCA DER 0: J. Michael Arram bide, Mayor • City of Atascadero, California February 12, 2002 002 4 00 .0 Q � M o 00 ^� Q .O, L 66 kn 6R3 69 64 64 ccv i. .•t: / 69 O 0.4 h..i it 6o} d1 M O C� O N ,c U ri 6s ri kn 69 CD C4 u 6 YE r*s � 64 69 O M 6 W 6F3 6Nf3 � U to sA O O N M 00 O N N [— M 00 O 00 k kr Rj M M \O [— M ltzt • ..fin �' l(1 i' N — M M 69 69 6946S 69eq � O r7 .tom C� 'Q , 7z to V1 O C� O c� Q O C -� O ¢ UcdS3, cn Cl) al b4 to to C sem., V '.'" x Q. Q a U at H U ci > 0 *a rn M O N vn O x o -• N N • THE PEOPLE.OF THE COUNTY OF SAN LUIS OBISPO ORDAIN AS.FOLLOWS: Chapter 8:;i of Tiic 8 of the San Luis Obispo County Code is added to read: Chapter 8.80,INVESTMENTS OF NATIONAL TOBACCO SETTLEMENT FUNDS IN I HEALT J AND SAFETY SERVICES Section 8.80.10. Tobacco Settlement Funds The San Luis Obispo Tobacco Settlement Fund is hereby created in the County Treasury,Commencing in the first fiscal year following adoption of this Chapter,the county's share of all funds received from the tobacco litigation Master Settlement Agreement of 1998 and the Memorandum ofUnderstanding entered into by the County and the State on August 5, 1998,and any funds received from any source to replace funds the County would have been entitled to receive under the Master Settlement Agreement and Memorandum of Understanding,shall be deposited in the San Luis Obispo County Tobacco Settlement Fund. Section 8.80 20. Allocation of Tobacco Settlement Funds (a) Moneys shall be annually allocated and appropriated from the San Luis Obispo County Tobacco Settlement Fund as follows: (1) Nineteen percent(19%)to provide health care services for seniors and persons with disabilities including,but not limited to,community based long term care,transportation services and in-home support services; (2) Twenty-three percent(23%)to fend emergency medical services provided by emergency room physicians and emergency room on-call physician specialists to pay for non-paying patients,so that emergency rooms and trauma centers are not closed; (3) Twelve percent(12%)to tobacco prevention and control,including cessation services,for youth and adults toreduce smoking and the consumption of tobacco,other addiction programs,and community mental health programs'and facilities; (4) Twenty percent(20%) to non-profit community clinics,mobile health clinics,and hospital-affiliated clinics,so that children and families receive itnmunizanotu.primary,specialty and dental health care services; (5) Six percent(6%)to hospitals within San Luis Obispo County maintaining basic or comprehensive emergency services or trauma centers to cover the costs of providing charity care,proportionate to each hospital's charity care and bad debts as reported to the California Office of Statewide Health Planning and Development and (6) Five percent(5%)to the Sheriffs Department for public safety programs and services,which may include expansion of existing facilities and programs that provide mental.alcohol,and drug abuse treatment programs under the direction or supervision of the Sheriff. • (7) Fifteen percent(15%)to Preventive Health Grants. (b) The County may retain an amount to administer any service or program funded by this Article,not to exceed one percent(1%)of the amount allocated and appropriated for that service or program. (c) The County may finance capital construction projects in fiuthersace of any program or service identified in subdivision(a)(6)by dedicating or pledging all ora portion of future funds that could be allocated for that program or service for the repayment of debt incurred to finance such capital construction projects. Section 8.80.30. DSfin•ti ins and Intemretations (a) For the purposes of this Article,the Master Settlement Agreement of 1998 means the agreement entered into between the State's Attorney General and the tobacco industry on November 23,1998,in settlement of litigation,as defined in California Health and Safety Code Section 104556(e). (b) For the purposes of this Article.the Memorandum of understanding means She agreement entered into between the State and several cities and counties on August 8,1998,distributing the proceeds of the Master Settlement Agreement. (c) Funds allocated and appropriated pursuant to Section 8.30.20(a)of this Article shall be used to supplement existing levels of federal.state and local funding for each service described in Section 8.30.20(a)and not to supplant existing levels of funding based on the 1999-2000 fiscal year. (dj Funds allocated for emergency medical services,pursuant to Section 3.30.20(a)(2)shall be available to physicians:who would otherwise qualify for reimbursement under California Health and Safety Code Section 1797.98a,only to pay for emergency medical services(as defined in California Health and Safety Code Section 1317.1)provided by emergency physicians to non- paying patients,and to pay on-call physician specialists called upon to provide emergency medical services during the first twenty-four(24)hours of emergency medical care provided to non-paying patients. "Non-paying patients"means patients who do not make any payment for the emergency medical services and for whom no responsible third parry makes any payment.The County shall continue to maintain and administer the bfaddy Emergency Medical Services Fund authorized by Health and Safety Code Section 1798a and may not reduce the amount of the penalty assessment that funds the Maddy Emergency Medical Services Fund as provided by Health and-Safety Code Section 1798a(c)and California Government Code Section 76104. (e) If any provision of the Chapter,or pan thereof,is for any reason held to be invalid or unconstitutional,the remaining provisions • shall not-be affected.but shall remain in full force and effect and to this end the provisions of this chapter are severable. 004 ? (ENDORSED) 1 L E_ DEC 10 By J n4Ei f AIEf ARGUMENT IN FAVOR OF T MEAkRE A-02 Measure A will direct tobacco:settlement money where it's needed most—to real local healthcare programs as opposed to more government bureaucracy. -in national recommendations made by the federal Centers for Disease Control,this measure will allocate funds to the most'needed areas of healthcare-emergency room co tlerage in hospitals;in clinics,for disease prevention programs, and for other programs used poly by people who.most need them. Our county is on the brink of a major healthcare crisis. Weare losing doctors and can't recruit new ones. Our-emergencv rooms. are too full and getting busier as the county cuts back on healthcare services and programs.Measure A will assure that tobacco settlement money—which is dispersed yearly for the next 25 years-is used for the sole purpose of supporting countywide health.services, facilities, and pro Big Tobacco doesn't want to see this money spent on healthcare. They strategically organized the'settlements so that citizens would have to fight to keep it out of the hands of bureaucracy,where it would likely be added to general finds to pay for programs that ought to be funded as a normal course of government operations.Bureaucrats don't provide healthcare. Doctors nurses, hospitals and clinics do:Don't-let Big Tobacco win. Vote ves on Measure A' 005 This initiative is unfair to the taxpayer.Worse, it would actually mean slashing dollars now used in.healthcare.. Tobacco settlement money is already clearly earma&ed.ia.the county budget for healthcare.The initiative would require these programs be cut by 29%in order to. subsidize the bad debts of special merest groups providing the fimdina for the initiative. It is opposed byte Economic Opportunity Commission and others who see its rigid rules taking money firm.programs that help the most vulnerable and needy count'residents and putting it in the'pockets of special interest groups. The largest cuts would be in the Preventive I�ealth Grant program that receives$1 million per year..The initiative slashes that by 6591L The results - 2709 fewer meals served by the Senior Nutrition Program 2640getting high risk individuals not g hepatitis tests 0 300 clients ofAtascadero Loaves and Fishes not getting groceries • El m'. 'n ¢Friday Night Live anti-drug programs at 6 schools Eliminating two Programs dedicated to Latino community health needs. This initiative also forces cuts in existing public and mental healthprogiams and it permanently ties specific percentages to particular programs meaning no dollars would be available for health emergencies-no.exceptions! Finally.the initiative prolubifs the Board from using tobacco settlement f rbds.to.reduce the impact of any state.or federal government dollar carts in local healthcare programs, despite the anno ncement of such arts at the Federal level.and the fact that current state financial,problems make further take-aways by.S=amento inevitable: Don't be fooled by,special interests. Look at what this initiative would really do and vote NO.- E ash' r062* - ' 006 FILED . REi;=AL Tu ARGumivr AGAmsT ML&S A-02 p 20 2�1 AWELRMU,=WWK • .Dont be fooled b scare tactics! 3E7 il�i.l:Y y tactics. If county bureaucr-Its have no objection to tobacco-fauds for healthcare:why, oppose the Meas?They bave one reason:theg want*complete control over tobacco fwids to do thongs like funding their new, extravagant.administration building. The County began receiving tobacco funds only rwo years ago;it's impossible to believe allocating tobacco funds towards he3hhrare will force the Count? to slash proms; Measure A-02 does not cut funding.It merely assures tobacco settlement money will be used for health care prop dms the counry can cut whenever it runs out of tax money-. Every program the Board plans- to cut can.be funded.under Measure A-02, unless the Board decides otherwise. The County alleges special iriiereat5 will unduly be nee from the Measure;for instance physicians;the only way physicians can receive.Funds is h&er thcy Fiavc provided emergency room related care tom unable.to pay,for such services. We believepatients forced to visit emergency.rooms, includin;visits due to"disasters, . would gather be treated by qualified physicians and hospital staff-not county bureaucrats.. Only a minorhy.of physicians in this county can.apply for funds.under Mea,�tue'A-UZ . Rowever,every medical group in the County suppuns iL The reward for.physieians-healthier patients and conununities: . Meastnrc A-U2 is supported bw AARP AmericanL.tlna 7.Association ' A acrican Hcari Assucrntion The Arthritis Foundation Don't leave`tobacco:money to the bureaucrats. Let's*use it for its best use--savmg money and-lives. . /s/ Dr_. Rene 'Brava,. Presideur, Citizens: for. a Healthier San Luis Obispo County /s/ Gary.Tanner, President,. Heart 'Association -of.San Luis. Obispo /s! Bill-Storm, .Vice—President, AARP; 'ChApfeA 3213 ' 007 L.E D 0 Ell 20% Rebuttal Argument In Favor.Of Measure A 2$82- .. �E L H8�e: k 1 Tobacco settlement money already goes into health care. The people.hinding this initiative Imow that but they want"to redirect that money into piograms that will put more moneyin their pockets.(29%paying for their medical bad debts). The plain truth is that this initiative wild iequzre a 65%cut to real health careprograms-a fact that supporters desperately hope you will forget:. We will all.be subject to a well-financed campaign funded by.this special interest. You will see advertisements,carefully crafted"letters to:the editor",-and radio:or-TV shows. . ::' staffed by their employees claiming to"talk about issues -But they.will ignore the details of their plan and talk.about"bureaucracy","politicians", and"Big Tobacco".. Don't be fooled. Demand the real story-and see for yourself the massive 65%cut in. " existing preventive health care programs that will result from this initiative in order to increase hospital and doctor's profits(29%paying for their medical bad debts): The existingpreventive health careprogram- - were established in response to.the • Pte' expressed needs and desires of the public. This initiative does not recognize,and severely limits,community-based organizations that provide needed preventive health care programs. The special-interestgroup says they`know better" But we'veseen what• . happens when groups with no accountability.to the public get control_don't let it happen here. Vote NO on Measure A. ` ITEM NUMBER: A-1 DATE: 02/12/2002 =" i a A- DRAFT MINUTES iaia� ' -z ATASCADERO CITY COUNCIL MEETING TUESDAY, JANUARY 22, 2002 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with legal counsel - Pending litigation (Govt. Code Sec.54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:00 p.m. and Mayor Pro Tem Scalise led the Pledge of Allegiance. • CC 01/22/02 Page 1 009 ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor • Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, Waste Water Operations Chief Mark Markwort and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the Agenda. Motion passed 5.0 by a roll-call vote. • PRESENTATIONS: 1. Proclamation declaring February 2002, "Spay Month USA" and February 26, 2002, "Spay Day USA." Mayor Arrambide presented the proclamation to Charlotte Alexander, President of the North County Humane Society. Ms. Alexander thanked the Council for their support. 2. League of California Cities - Grassroots Network Overview by Channel Counties Regional Representative David Mullinax Mr. Mullinax explained to the Council the League's Grassroots Network and stated that he will be going into each city to begin building strategic alliances within the cities with unions, businesses, social activism committees and elected officials and representing these interests in Sacramento especially during budget time. i CC 01/22/02 Page 2 L�� COMMUNITY FORUM: • Eric Greening, 7365 Valle urged the Council not to support greater funding for schools unless they also support a repeal of Proposition 13. Regarding the Highway 41/101 realignment, Mr. Greening reported that the County Supervisors had turned down two appeals on the Union Asphalt project which could put up to 50 southbound exiting trucks per day during hauling season through that interchange. He was concerned that the City of Atascadero was not informed of the pending appeals. Elmer Garrison, 6575 Bel View Orchard Lane, San Luis Obispo, stated he wanted to speak to the Council regarding his construction project at 5395 Traffic Way. He asked the Council to explain to him why his project has had a stop work order placed on it. Mr. Garrison explained that h6 is required to construct a drainage swale on his neighbors' property and expressed his frustration with the process. Mayor Arrambide asked the City Manager to give the Council a summary of this project. Mr. McKinney gave the Council a chronological list of actions on this site and explained the options open to Mr. Garrison to complete his project. Dorothy McNeil, Atascadero, expressed her concern with San Gabriel from Highway 41 over to Santa Lucia and feels there should be a two-way stop sign at • the intersection of San Gabriel and San Marcos. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna shared with the Council a State Supreme Court ruling today which stated that physicians must prove that a mental abnormality exists which makes it difficult for sexually violent predators (SVP's) to control their behavior. It is critical that Atascadero State Hospital be contacted to determine the impact of this ruling on the SVP's currently housed at that facility. City Attorney Hanley explained that what the State Supreme Court did was to uphold the Kansas State Statutes and state that they were constitutional. As the California State Ordinance was drafted on the same model as the Kansas one, this may be good news for California. Mayor Pro Tem Scalise stated that the unveiling of the new Atascadero logo was very successful. Mayor Arrambide announced there would be a ribbon-cutting ceremony for the is driveway of the Youth Center tomorrow and that the Cuesta Grade would be closed all night on Wednesday, January 30tH CC 01/22/02 Page 3 Oil A. CONSENT CALENDAR: 1 . City Council Minutes — January 08, 2002 • ■ City Clerk recommendation: Council approve the City Council minutes of January 08, 2002. [City Clerk] 2. City Treasurer's Agenda Report - November 2001 ■ City Treasurer recommendation: Council review and accept the November 2001 Treasurer's Report. [City Treasurer] MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Items #A1 and A2. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS 1 . Regulation of Bow Huntinq ■ Fiscal Impact: None ■ City Attorney recommendation: City Council take action to permit or prohibit bow hunting within the City limits. [City Attorney] City Attorney Roy Hanley gave the staff report and answered questions of Council. A revised draft Ordinance was presented for consideration. (Attachment A) • Council Member Clay gave his report of the research he had done and a summary of the sub-committee meeting held on November 14, 2001 . Bob Stafford, Wildlife Biologist with the Department of Fish & Game, SLO County, gave a summary of bow hunting issues in Atascadero and explained the difficulties involved with birth control measures for the deer population in the City of Atascadero. PUBLIC COMMENT Marilyn Brown, Graves Creek Road, stated she feels this is an issue of animal cruelty. She would like the Council to do something about this issue before someone gets hurt and a lawsuit it filed. Dorothy McNeil, Atascadero, expressed, in a prepared statement, her support for a ban on bow and arrow hunting in the City and presented several options for protecting property from damage caused by deer. (Attachment B) Leon Korba, Santa Ana Road, asked for clarification of the term "dangerous weapon" and asked if the presentation by Fish and Game was representative of the official documentation from that department. • CC 01/22/02 Page 4 012 • Ethyl St. John, 9780 Enchanto Road, expressed, in a prepared statement, her opposition to bow hunting within the City limits. (Attachment C) Janice Cassafa, Atascadero, asked for clarification of the existing laws concerning this issue. She is concerned about the need for rules for archery practice to insure safety for adjoining properties. Eric Greening, Atascadero, thanked Council Member Clay for the time he has spent researching this issue. He stated he supports the proposed ordinance as it clearly separates the discharge of deadly weapons in unpredictable directions across peoples' yards from the discharge of weapons at a target with ground rules established. Terri Werner, Portola Road, told the Council a story of a situation that happened on her property concerning bow hunting. She stated she is opposed to the shooting of bow and arrows within the City limits and is especially concerned with trespassing issues. Phil Hammer, 4107 Arizona, stated his concern with the restriction of a recreational activity by prohibiting bow hunting. He urged the Council to use caution. • Joan O'Keefe, 9985 Old Morro Road East, stated she's opposed to any hunting within the City limits. She feels if all hunting is eliminated it would send a clear message to everyone that hunting is illegal and would help clarify the issue for individuals who would report these illegal activities to the authorities. Brad Davis, 9925 Enchanto Road, thanked the Council for reviewing this issue. He stated a few months ago he had bow hunters trespassing on his property within 100 yards of where his children play. Mr. Davis supports the ordinance as drafted. Larry Kosnek, 7485 Cortina St., asked the Council to allow target archery to continue within the City limits. He feels archery is a good family activity and can be safely practiced in backyards. Steve Grossman, 9400 Balboa Road, stated he feels bow hunting within the City limits is a safety issue. He is concerned with the psychological damage to children who witness the brutality of hunting animals within the City limits. Howard Dilbeck, 7505 Cortina Ave., thanked Council Member Clay for his hard work on this issue. He explained he is a backyard target archer and would like to continue to be able to enjoy this sport. He has spent time and money to keep the deer from damaging his property, but would never hunt them either inside or • outside of City limits. CC 01/22/02 Page 013 Chip Tomani, 2900 Monterey Road, said he feels hunting should be allowed on a person's property if the owner permits it, the hunter is licensed and the activity • stays within the property. He feels most deer hunting in Atascadero is legitimate and that most problems with this issue come from poachers taking wild shots. Russell Pierce, 7560 Costano, reminded the Council that the Fish and Game representative explained that there are very few accidents related to hunting and feels that many people are caught up in the emotion of the issue. He feels that real hunters are law-abiding, do not harm the land and buy tags, the money from which is funneled toward the protection of animals. Gary Kirkland, 4620 Portola Road, expressed his view that the passage of ordinances restricts our freedoms. He asked if the police will also be unable to discharge firearms within the City limits and feels deer present more safety issues than hunters. Len Awsdon, Atascadero, stated that he sees nothing in the proposed ordinance that is not covered by either a State, County or City law already on the books. He does not want to see backyard archery banned. Ron Wager, 5781 Arroyo Ave., stated he is opposed to this ordinance. He thanked Council Member Clay and Larry Kosnek for their efforts on this issue. John Iverson, 9825 Enchanto, stated he supports this ordinance. He has witnessed hunters trespassing on his and adjacent properties with bows cocked and wearing camouflage and this makes him feel less free on his own property. Corrina Jones, Enchanto Road, said she concurs with Mr. Iverson's comments and stated she feels this is a safety and a trespassing problem. She urged the Council to adopt the proposed ordinance. Ms. Jones submitted her written comments as well as a petition letter that had originally been signed by 133 concerned citizens. (Attachment D) Daphne Fahsing, Atascadero, stated her support for the passage of this proposed ordinance. She read excerpts from hunting magazines regarding dealing with wounded animals and recovery of such animals. Ms. Fahsing indicated that she was not opposed to backyard target shooting, but would like to see permits issued along with an inspection of the backyard setup. Steve Schroeder, Bolsa Road, stated he feels trespassers should be taken care of with existing laws and that deer hunting should be allowed if the property owner gives the hunter permission. Mayor Arrambide closed the Public Comment period. • CC 01/22/02 Page 6 014 Mayor Arrambide recessed the hearing at 9:00 p.m. • Mayor Arrambide ca!/ed the meeting back to order at 9:10 p.m. Council Member Johnson indicated that the issue for him was shoot and pursue and he feels there needs to be some control over it. The issue of deer population is a moot point for him; additionally he would not like to see the rules for backyard archery become too complicated. Council Member Clay stated that there are some who cannot follow the rules and trespassing is a problem. It is for this reason that a resolution to must be found. Council Member Clay also hopes the rules for backyard archery will not become too complicated. Council Member Luna indicated that he is in support of the proposed ordinance. Mayor Pro Tem Scalise agreed that Atascadero is no longer a rural community, but as a hunter felt that it is important to uphold the rights that do exist. In regard to backyard archery, she feels private citizens have the right to do as they like on their property. Mayor Arrambide expressed concern that the more laws made, the more personal • freedoms are given up, however, when individuals trespass and do not respect others property, it becomes necessary. MOTION: By Council Member Luna and seconded by Council Member Clay to introduce for first reading by title only, the revised draft Ordinance, Discharge of Firearms and Dangerous Weapons with the following amendments: 4-3.103: It is unlawful for any person to willfully discharge any firearm or dangerous weapon within the city limits except in either private or public archery ranges, shooting galleries and on pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as otherwise provided by law. 403.104 (a) Upon conviction of a defendant, a firearm or dangerous weapon used in the commission of, or in an attempt to commit, any violation of this code, is a nuisance. Motion passed 5.0 by a roll-call vote. • CC 01/22/02 Page 7 t _ � t � C. MANAGEMENT REPORTS 1 . City Council Strategic Planning • • Fiscal Impact: None ■ Staff recommendation: City Council receive public input regarding priorities for the future. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening, informed Council that there may be a scheduling conflict in that there will be an important meeting at the Lake Pavilion on Wednesday evening when the County will be sponsoring a meeting on new towns. He encouraged Council to attend this meeting if possible. j Daphne Fahsing, referred to City Council Norms for 2001 , Item #11 , which states that the public will be allowed to address the City Council after the close of the hearing-at the discretion of the Mayor. She would encourage the Council to utilize this provision regularly. City Treasurer David Graham suggested the Council review the 700-acre development in West Atascadero, as well as the roads, which continue to • deteriorate with no viable way at the present time to fund maintenance of those roads. He would like to see a plan developed so that any new roads added to the system will be paid for and maintained properly. Mayor Arrambide closed the Public Comment period. Council Member Clay asked to have the survey conducted a few years ago included in the Council's Strategic Planning Workshop. 2. Assembly Bill 1755 (Maldonado) ■ Fiscal Impact: None ■ Staff recommendation: City Council authorize the Mayor to sign a letter in support of AB 1755 (Maldonado) increasing the penalties for escape at the State Hospital. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. CC 01/22/02 Page 8 0?6 MOTION : By Council Member Clay that a letter be drafted to all • committee members and local representatives. Council Member Clay withdrew his motion. PUBLIC COMMENT Eric Greening, stated he supports this Assembly Bill and urged the Council to support it as it now reads. Additionally, he suggested that tabs be kept on the bill to ensure that Council would still support it after any amendments that may be placed on it. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Johnson and seconded by Council Member Luna to authorize the Mayor to sign a letter in support of AB 1755 (Maldonado) increasing the penalties for escape at the State Hospital. Motion passed 5.0 by a voice vote. 3. Information Bulletin • a. Atascadero Lake Water Quality Public Works Director Steve Kahn gave the staff report and answered questions of Council. There was consensus of the Council to receive the report. PUBLIC COMMENT Eric Greening, stated that though vegetation was encouraged in this report, there was a large amount of pruning of bank vegetation recently. Regarding the domestic waterfowl, he questioned whether an effort would be made to relocate them in whole families as opposed to parts of families. Mr. Greening informed Council that last Thursday the Parks and Recreation Commission had looked at the issue of mini power boats used on the Lake. Mayor Arrambide closed the Public Comment period. • CC 01/22/02 Page 9 017 D. COMMITTEE REPORTS: Mayor Arrambide • S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit j Authority(SLORTA): Last week SLOCOG voted in support of designating Highway 1 as a scenic highway. Additionally, the affordable housing mandate quota was debated as to its legality. Water Committees: Still studying the Paso Robles basin. The big issue coming up is water quality rather than quantity. Council Member Johnson Local Agency Formation Commissions (LAFCO): The area east of Paso -Robles known as Squirrel Hollow has come before LAFCO to request a single purpose Community Services District for road maintenance. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council: Council Member Johnson referred to a website by the California Budget Project at • www.cbp.prg, where there is an executive summary regarding money spent on economic development in the state. Mayor Arrambide will be taking a second look at a copy of regulations pertaining to AB 624 from the ABC regarding local jurisdictions and time of appeal, etc. and how it impacts locally. City Treasurer A letter was received from the League of California Cities stating that they are establishing a hotline email service for city fiscal officers. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 9:52 p.m. to the next regularly scheduled meeting on February 12, 2002. • CC 01/22/02 Page 10 • MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Attachment A — Draft Ordinance Discharge of Firearms and Dangerous Weapons Attachment B — Dorothy F. McNeil Attachment C — Ethel St. John, 9780 Enchanto Road Attachment D — Corinna Jones • • CC 01/22/02 Page 11 019 Attachment: A Atascadero City Council Meeting 1/22/2002 DRAFT ORDINANCE DISCHARGE OF FIREARMS AND • DANGEROUS WEAPONS PREAMBLE. Purpose and Intent The City Council finds that the discharge of weapons in the City and also upon public property is inherently dangerous to the citizens of Atascadero due to the inability to guarantee that the objects discharged will remain safely upon the premises or to guarantee that the objects discharged will not cause harm to people and/or animals. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its citizens from the dangerous effects of the discharge of weapons. NOW THEREFORE, the City Council of the City of Atascadero does ordain that sections 4- 3.103 through 4-3.105 of the Atascadero Municipal Code are amended to read as follows: 4-3.103 Discharge of firearms or dangerous weapons. It is a unlawful for any person to willfully discharge any firearm or dangerous weapon within the city limits except in archery ranges, shooting galleries and on pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as otherwise provided by law. • 4-3.104 Misuse of dangerous weapons. It is a unlawful for any person under the age of eighteen, and without the immediate supervision of a parent or guardian or an adult designated by the minor's parent or guardian, to willfully fire or willfully discharge any weapon or device as defined in this chapter within the city limits. In no instance may such weapons be discharged by a minor within one hundred (100) feet of any building or livestock without the permission of the property owner. 4-3.105 Nuisances-disposition of weapons. (a) Upon conviction of a defendant, a firearm used in the commission of, or in an attempt to commit, any violation of this code, is a nuisance. (b) Upon conviction of a defendant, any weapon described in subsection (a) of this section shall be surrendered to the Chief of Police, who shall dispose of such weapon as provided by law, except that upon the certification of a judge of a court of record, the City Attorney or of the District Attorney of the County of San Luis Obispo, that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases. • 070 4-3.1-7 Severability. • If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. The foregoing ordinance was approved and adopted at a meeting of the City Council held on , 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: • CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 021 Attachment: B Atascadero City Council Meeting Atascadero City Council 1/22/2002 January 22, 2002 Honorable Mayor and Councilmembers: This matter of bow and arrow shooting within the city limits can be- resolved easily. Many of us feel priviledged to live in an area where wildlife still exists. Many programs have been developed in this and other states to bring young city dwellers to places where they can contact and feel the nature of the planet of which they are a part . When my husband and I came here almost 28 years ago, we had a fence put up to keep my horse and our dogs inside, but we soon took off the barbed wire at the top. Last weekend we had four bucks and several does feeding on the green grass. Our visitors were entranced. We gave up planting roses because my horse as well as the deer enjoyed eating theta. :.;e 've learned to have plants which please us year round. might now the marguerites are full of yellow daisies, the bulbs, rosemary and wallflowers are in bloom and the deer ignore them all. For those who want to grow fruits and vegetables there are two easy solutions. A neighbor behind us and a close friend who also is visited by deer simply built fences which keep the deer out . Our friend finds the deer waiting outside when he prunes plants they love and tosses the branches over the fence to them. The other solution we learned of from our son who lives at 89600ft .. in Colorado where the deer roam freely. When the snows are gone:, he and his wife enjoy creating a beautiful front yard full of native and cultivated flowers. Their solution: a motion sensory water f. .stem. He placed a couple of long-spraying sprinklers covering the yard which turn on automatically when the deer come into the -ard. They leave. I recall he said it cost about : 100.00 dollars--far .less than a fence . We all know guns kill people and animals. Our previous councils have wisely banned guns within the city limits. 6�e all know bows and arrows can kill people and animals. This council must have -the wisdom to ban t1-em also. Doroth F. vic 'eil 022 Attachment: C Atascadero City Council Meeting . 1/22/2002 My name is Ethel St. John. I live at 9780 Enchanto Road, Atascadero. I have • lived on the central coast for 25 years and for the past seven at my current address in Atascadero. I am here this evening to add my voice to the many others who protest the practice of bow hunting in our city limits. This issue is not about folks trying to feed their families by hunting down and shooting game; this is about putting limits on a recreational activity. I have 12 grandchildren, 11 of whom live within 30 minutes of my home and visit on a regular basis. During deer season, I do not want to worry that some eager hunter will trespass onto my property in hot pursuit of his target and harm one of these children. I am sadden to think that our city council would be so timid about change that they would consider waiting until a terrible tragedy occurs before they agree, "Yes, this activity has too high a price tag" and put an end to it. Please do the right thing. Make bow hunting illegal in the city limits of Atascadero. • • 023 Attachment: D Atascadero City Council Meeting 1/22/2002 Dear City Council Members: My name is Corrina Jones and I'm a property owner in west Atascadero with 7 acres. In October of 2001, I wrote a petition letter, asking you to pass a city ordinance that makes hunting with a bow and arrow illegal,- within Atascadero city limits.,=With the help of Daphne Fahsing and Marty Brown, we collected 133 signatures from concerned citizens and submitted copies to each}of you in November. We feel that this is just a small representation of the community who support amending the current city ordinance, as there wasn't a single person who we approached, that did not support this effort. Since then, this topic has received considerable media coverage and further investigation by council member Jerry Clay. I think the research has shown that there is an overwhelming concern over- . public safety, trespassing, and injuries done to deer by hunting arrows. In every other,city in the county, bow and arrow hunting is illegal and it is time that Atascadero follows suit as well. As the present population exceeds 25,000, 1 submit to you, that hunting; of any kind, is no longer reasonable and that it is time to amend the current city ordinance to make hunting bows and arrows illegal in Atascadero. It does, however, seem reasonable to allow archersto continue their sport as long as it is done safely. I appreciate your consideration of this matter. Thank You. 024 . October 2001 Dear Council Members, On September 23, 2001, at approximately 9am, two bow hunters were observed trespassing near the end of Enchanto Road. One was in his truck directing the other down a resident's gated driveway.The hunter on foot had his bow drawn and was headed toward a lawn area where children play daily. When confronted, the hunters quickly ran off. It is frightening to think that a hunter intended to shoot an arrow anywhere near where children obviously play. Using lethal weapons (bows, guns) in a residential neighborhood is an accident waiting to happen. According to current city law,it is legal to hunt game in season with a bow within city limits as long as the hunter(s)have the permission of property owners. Unfortunately, every year, we have hunters running around in camouflage, sometimes with beer in hand,hunting without permission, in close range to people's homes. One resident witnessed two young men armed with a 22 rifle, aiming at a flock of wild turkeys in very close proximity to neighborhood houses in broad daylight. These are not isolated incidents and many residents have witnessed hunters using poor judgement. We can assume that most of these hunters are well aware of the law, but don't seem to care that they may be trespassing and endangering residents. Residents and their children should not have to feel their safety is at risk every time hunting season begins.As rural areas of Atascadero become more populated, the danger becomes more pronounced. It's time to change the rules. Therefore, we would like to see legislation passed making hunting, with any lethal weapon including bows and arrows, illegal within city limits. In addition, we would like to see harsher fines and punishments enforced to deter hunters from persisting in their illegal activities.Thus far, when police are called, they give trespassing hunters a light scolding. We suggest that strictly enforced fines combined with the potential loss of a hunter's license would be taken more seriously by offenders. We, the undersigned, appreciate your careful consideration of these matters and hope that legislation is passed to make hunting with bows and guns, or any other lethal weapon,illegal within the city limits of Atascadero so that residents and their children may again feel safe in their neighborhoods. • 025 ITEM NUMBER: A-2 DATE: 02/02/2002 ilia Atascadero City Council City Treasurer David G. Graham, EA City Treasurers Agenda Report Recommendation: City Treasurer recommends the City Council approve the City Treasurers reports for the following periods: December 2001 Discussion: The current 2-year treasury yield is holding steady at 3.11% and long-term rates are now topping • out at their historical highs. Current economic reports are mixed but leaning toward recovery. Most economists are now projecting a Q2 2002 economic upturn. Despite the stated uncertainty in the market place, investors are reacting favorably to long-range investment vehicles. Long- term rates appear to be continuing their steady rise. Market conditions: Consumer spending remains strong even in the face of the large corporate layoffs. Greenspan is now touting the rapid corporate restructuring, made possible by communication advances, as the reason for the precipitous but brief economic cycle. With a slight possibility of building inflationary pressures on the economy, the FOMC decided on January 30th to leave the discount rate at 1.75%. We have seen the last of the rate cuts, unless further signs of economic weakness appear in the economy. Investment Strategy: LAIF's mix of long and short-term maturities continue to be the preferred investment for short and medium term funds. The LAIF rate for December was 3.261%. It will be critical to restrain maturities to correspond with any tightening by the Federal Reserve, which could occur in from 6 to 12 months. Assuming that we are at the bottom of the Federal Funds rate cuts, Agencies and fully FDIC insured CDs will offer optimum yields and flexible liquidity as rates bottom out. Corporate yields can be expected to lead the market when an economic turn around does occur. With the broad decline in corporate earnings however, commercial paper will require careful selection and constant monitoring to maintain the quality of our investments. • City Treasurer's Report December 2001 David Graham • REPORT IN BRIEF: Cash and Investments Checking $ 443,881 Money Market Accounts 447 Certificates of Deposit 3,480,498 Government Securities 1,243,265 Corporate Paper - LAIF f 14,888,717 Cash with Fiscal Agents 143,378 Cash in Banks at December 31, 2001 $ 20,200,186 Deposits in Transit - Outstanding Checks (370,052) Cash and Investments at December 31,2001 $ 19,830,134 Investment Activity Securities Purchased: • Purchase Date Description Type Cost Maturity Date 12/21/01 Federal Home Loan Bank Gov't Security $ 250,000 06/21/04 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 12/27/2001 Lone Star National Bank CD $ 94,000 $ 94,000 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call None Other Reportable Activities: None • Page 1 of 10 027 CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS A CTIVITY SUMMAR Y FOR THE MONTH OF DECEMBER 2001 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at December 1, 2001 $ 220,654 $ 17,236,449 $ 143,150 $ 17,600,253 Receipts 3,706,144 478 228 3,706.850 Disbursements (1,106,917) - (1,106,917) Transfers In 704,000 3,080,000 - 3,784,000 Transfers Out (3,080,000) (704,000) - (3,784,000) Balance per Banks at December 31, 2001 $ 443,881 $ 19,612,927 $ 143,378 20,200,186 • Deposits in Transit - Outstanding Checks (370,052) Adjusted Treasurer's Balance $ 19,830,134 • Page 2 of 10 028 00 r O CT 00 r � N N of CT 7 M Vl N r M O1 00 Z j V � N r 00 O r M 00 - O N '7 00 r �° • O V a0 r O N 00 r er N" N O O C O V - O h �O V1 v1 N O r h vt CT 7 V1 C, c, c, — Q r o0 o c c o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 rr O N O O O O O O O O O O O [L � WV V'1 M G1 r V1 h V'1 CT V'1 V1 r v Z ' � U 10 h Y O r o0 o c c o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 n V N O O O O O O O O O O O rn a vi Q o T o 0 0 o o e o o e e o 0 O O O C' n n r O Cn O �O O �l1 Vt L1 VJ C LQ C O VW N CL,4o M w e e e o o e a a o a w � Gy ,gyp Q � � � — •� V — N o �a o �n v, r c. — � O ; C 'v c j C � I f. w o 0 0 _ 0 0 0 0 0 0 0 0 Z aai C.aoi u oa0.i v a°i aoi aoi aai cn A A A A A A A A E c w w c c o w w w w w w w w 0 0 0 0 0 0 0 0 0 0 c o v u v n U U G C7 U U U U U U U U o c o o 0 0 0 0 'IT CD U N �. 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Qv � ( \ \ \ \ 7 = k \ / \ \ f $ ) t v w = » 5 2 ( \ ° � j 3 \ @ 2 cn - o � ( § \ « ) c § . / s ; \ « j } o k ° E \ \ 2 § } \ » / 2 ( } \ \ 14 ( / \ ) � ( # � • - ( 032 City of Atascadero Investments by Type December 2001 • Gov't Cash with Securities Fiscal Certitica.es of Deposit 6% Agent Other o 184.0 1% 0% LAIF 75% Investment December 2001 LAIF $ 14,888,717 Certificates of Deposit 3,480,498 Government Securities 1,243,265 Corporate Paper - Cash with Fiscal Agent 143,378 Other 447 $ 19,756,305 Page 7 of 10 033 City of Atascadero Investments by Maturity • December 2001 One Month Within to One Year One Month o/0 One to Five Years 6 18% 0% • On Demand 76% Investment December 2001 On Demand $ 14,889,164 Within One Month 141,288 One Month to One Year 1,011,040 One to Five Years 3,571,434 $ 19,612,927 • Page 8of10 034 City of Atascadero Investments by Custodial Agent December 2001 • Riverway Gibraltar Securities Trust Bank of 15% 1% New York Penson Financial Corp. 1% City of 8% Atascadero 0% • State of California 75% Custodial Agent December 2001 State of California $ 14,888,717 Penson Financial Corp. 1,665,640 Gibraltar Securities 2,913,282 Riverway Trust 99,000 Bank of New York 143,378 City of Atascadero 46,288 $ 19,756,305 • I Page 9 of 10 0 3 5 City of Atascadero Investment Yield vs. 2-Year Treasury Yield • For the Year Ended December 31, 2001 7.00%- 6.00%4 .00%6.00°i° ° II, 5.00/o i 4.00% 'I 3.00% Ii 2.00% 1.00% 0.00% 00 00 O^ `LO 'LO OO `LO rLp ,LO `LO ,yp ,LO ,y0 ,LO ,LO F e p --0-City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield November 2000 6.56% 5.88% December 2000 6.56% 5.35% January 2001 6.34% 4.76% February 2001 6.17% 4.66% March 20001 6.03% 4.34% April 2001 5.85% 4.23% May 2001 5.47% 4.26% June 2001 5.14% 4.08% July 2001 4.83% 4.04% August 2001 4.74% 3.76% September 2001 4.54% 3.12% • October 2001 4.08% 2.73% November 2001 3.91% 2.78% December 2001 3.66% 3.11% Page 10 of 10 036 ITEM NUMBER: A-3 iaia '�; i i97s DATE: 02/12/2002 Atascadero City Council Staff Report-Administrative Services Department DECEMBER 2001 ACCOUNTS PAYABLE & PAYROLL REC0ILNIENDATION Approve certified City accounts payable, payroll and payroll vendor checks for December 2001. DISCUSSION Attached for City Council review and approval are the following: Pavroll Dated 12/6/01 Checks # 12161 - 12304 S 179,728.50 • Dated 12/20/01 Checks # 12305 - 12449 164,153.52 Accounts Payable Dated December 1-31, 2001 Checks # 82164 - 82554 & EFTs 723,077.41 TOTAL AMOUNT S 1,066,959.43 FISCAL IMPACT Total expenditures for all funds is S 1,066,959.43 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that fiinds are available for these demands. C; Rachelle Rickard, Administrative Services Director Approved by the City Council at a meeting held February 12, 2002. . Marcia M.Torgerson, City Clerk ATTACHMENT: December 2001 Eden Warrant Register in the amount of S 723,077.41 037 City of Atascadero Disbursement Listing For the Month of December 2001 Check Check Number Date Vendor Description Amoun 125 12/1/2001 MID-STATE BANK Accounts Payable Check 9 118 12/5/2001 MID-STATE BANK Accounts Payable Check 405.00 82164 12/6/2001 BONNEMA BREWING COMPANY,INC. Accounts Payable Check 150.00 82165 12/6/2001 EMS PERSONNEL FUND Accounts Payable Check 130.00 82166 12/6/2001 E�\iS PERSONNEL FUND Accounts Payable Check 130.00 82167 12/6/2001 MCPHEE'S GRILL Accounts Payable Check 5,134.27 82168 12/6/2001 PITNEY BOWES,INC. Accounts Payable Check 279.50 82169 12/6/2001 TAYLOR RENTAL Accounts Payable Check 788.16 82170 12/7/2001 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 5,260.00 82171 12/7/2001 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 225.00 82172 12/7/2001 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 82173 12/7/2001 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 365.50 82174 12/7/2001 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 82175 12/7/2001 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,896.53 82176 12/7/2001 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 589.00 82177 12/7/2001 FAMILY SUPPORT DIVISION Payroll Vendor Payment 2 82178 12/7/2001 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8.2p_. 82179 12/7/2001 ICXIA RETIREMENT TRUST-457 Payroll Vendor Payment 3,000.00 82180 12/7/2001 KENNEDY CLUB FITNESS Payroll Vendor Payment 39.00 82181 12/7/2001 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment J9.07 82182 12/7/2001 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 17,997.87 82183 12/7/2001 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 483.33 82184 12/7/2001 FAMILY SUPPORT DIVISION Payroll Vendor Payment 444.00 82185 12/7/2001 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 82186 12/7/2001 WASHINGTON MUTUAL BANK Payroll Vendor Payment 580.57 82187 12/7/2001 WASHINGTON MUTUAL BANK Payroll Vendor Payment 432.00 119 12/11/2001 MID-STATE BANK Payroll Vendor Payment 38,941.30 82188 12/12/2001 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 745.78 82189 12/12/2001 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 2,049.84 82190 12/12/2001 CPIC LIFE Payroll Vendor Payment 1,487.10 82191 12/12/2001 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 6.641.80 82192 12/12/2001 EQUITABLE LIFE Payroll Vendor Payment 348.88 82193 12/12/2001 LIFEGUARD INC. Payroll Vendor Payment 52,00 038 City of Ataseadero Disbursement Listing For the Month of December 2001 Check Check Aftlurnher Date Vendor Description Amount 82194 12/14/2001 A-1 PROCESS SERVICES Accounts Payable Check 25.00 82195 12/14/2001 ALBERTSONS Accounts Payable Check 83.30 82196 12/14/2001 ALL AMERICAN SEWER TOOLS Accounts Payable Check 1,743.32 82197 12/14/2001 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 158.16 82198 12/14/2001 AMERICAN INDUSTRIAL SUPPLY Accounts Payable Check 15.56 82199 12/14/2001 ARAMARK UNIFORM SERVICES Accounts Payable Check 367.29 82200 12/14/2001 ASSC.OF CA.STATE SUPERVISORS Accounts Payable Check 70.00 82201 12/14/2001 ATASCADERO BATTERY EXCHANGE Accounts Payable Check 266.10 82202 12/14/2001 ATASCADERO FORD Accounts Payable Check 213.14 82203 12/14/2001 ATASCADERO MUTUAL WATER CO_ Accounts Payable Check 4,393.25 82204 12/14/2001 ATASCADERO NEWS Accounts Payable Check 1,059.90 82205 12/14/2001 ATASCADERO POLICE ASSOC Accounts Payable Check 100.00 82206 12/14/2001 CINDY K.BENSON Accounts Payable Check 432.57 82207 12/14/2001 BEST WESTERN COLONY INN Accounts Payable Check 175.00 82208 12/14/2001 BIG BROTHER/BIG SISTER SLO Accounts Payable Check 250.00 82209 12/14/2001 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 150.00 • 82210 12/14/2001 BRADS OVERHEAD DOORS,INC. Accounts Payable,Check 65.00 82211 12/14/2001 CALIFORNIA PEACE OFFICERS ASSN Accounts Payable Check 5.00 82212 12/14/2001 CDW GOVERNMENT,INC. Accounts Payable Check 1,004.60 82213 12/14/2001 CELLULARONE Accounts Payable Check 756.05 82214 12/14/2001 CENTRAL COAST FIRE EQUIPMENT Accounts Payable Check 3,966.80 82215 12/14/2001 CENTRAL COAST SEA FOOD Accounts Payable Check 222.75 82216 12/14/2001 CHEM CLEAN Accounts Payable Check 24.88 82217 12/14/2001 CHEMRON CORPORATION Accounts Payable Check 250.00 82218 12/14/2001 CHEVRON Accounts Payable Check 936.05 82219 12/14/2001 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 1,087.65 82220 12/14/2001 CITY NATIONAL BANK Accounts Payable Check 28,721.25 82221 12/14/2001 C1P PRODUCTIONS Accounts Payable Check 2,968.75 82222 12/14/2001 COAST ELECTRONICS Accounts Payable Check 1,040.11 82223 12/14/2001 COASTAL IMAGING SUPPLIES Accounts Payable Check 67.41 82224 12/14/2001 COOPER COMPANY Accounts Payable Check 450.00 82225 12/14/2001 CRAWFORD MULTARI CLARK&MOHR Accounts Payable Check 2,421.25 82226 12/14/2001 CRYSTAL SPRINGS WATER Accounts Pavable Check 139.00 82227 12/14/2001 CUESTA COLLEGE Accounts Payable Check 181.38 • 82228 12/14/2001 DAVID M FLEISHMAN Accounts Payable Check 800.00 039 City of Atascadero Disbursement Listing For the Montli of December 2001 Check Check Number Date Vendor Description Amouniddik 82229 12/14/2001 DAN DAVIS Accounts Payable Check 15 82230 12/14/2001 DECOU LUMBER COMPANY Accounts Payable Check 196.54 82231 12/14/2001 DEPARTMENT OF PESTICIDE REG Accounts Payable Check 170.00 82232 12/14/2001 DEPT OF PLANNING&BUILDING Accounts Payable Check 131.25 82233 12/14/2001 DICTAPHONE Accounts Payable Check 278.74 82234 12/14/2001 DIGITAL WEST VIDEO Accounts Payable Check 136.25 82235 12/14/2001 PEGGY EDWARDS Accounts Payable Check 19.59 82236 12/14/2001 EL CAMINO VETERINARY HOSP Accounts Payable Check 161.13 82237 12/14/2001 FEDERAL EXPRESS Accounts Payable Check 35,88 82238 12/14/2001 FERRELL'S AUTO REPAIR t Accounts Payable Check 102.00 82239 12/14/2001 FGL ENVIRONMENTAL Accounts Payable Check 162.00 82240 12/14/2001 FOOD FOR LESS Accounts Payable Check 187.29 82241 12/14/2001 FOX&SOHAGI,LLP Accounts Payable Check 5.368.29 82242 12/14/2001 FRAZEE PAINTS Accounts Payable Check 43.16 82243 12/14/2001 KAREN GARMAN Accounts Payable Check 474.90 82244 12/14/2001 GAS COMPANY Accounts Payable Check 83.65 82245 12/14/2001 GEM AUTO PARTS Accounts Payable Check 584.51 82246 12/14/2001 KENNETH GLYNN Accounts Payable Check 31• 82247 12/14/2001 GRISANTI HARDWARE Accounts Payable Check 1.98 82248 12/14/2001 H.D.PETERSON Accounts Payable Check 437.80 82249 12/14/2001 FAMILY SUPPORT DIVISION Accounts Payable Check 46.50 82250 12/14/2001 HAHN'S GUNS&AMMO Accounts Payable Check 184.80 82251 12/14/2001 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 345.39 82252 12/14/2001 HI STANDARD AUTOMOTIVE Accounts Payable Check :,516.86 82253 12/14/2001 HOME DEPOT Accounts Payable Check :,611.27 82254 12/14/2001 HON Accounts Payable Check 629.16 82255 12/14/2001 INFORMATION SERVICES DIVISION Accounts Payable Check 114.38 82256 12/14/2001 EVELYN INGRAM Accounts Payable Check 780.89 82257 12/14/2001 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 561.85 82258 12/14/2001 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 56.05 82259 12/14/2001 K-MART Accounts Payable Check 4.80 82260 12/14/2001 LESLYN KEITH Accounts Payable Check 91.00 82261 12/14/2001 LCD AUTOMOTIVE Accounts Payable Check 97.50 82262 12/14/2001 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1.122.68 82263 12/14/2001 LIFE ASSIST,INC. Accounts Payable Check 16 82264 12/14/2001 RUDY LORTON Accounts Payable Check 170 040 City of Ataseadero Disbursement Listing For the Month of December 2001 Check Check AdWumber Date Vendor Description Amount 265 12/14/2001 DAVID LUCAS Accounts Payable Check 120.00 82266 12/14/2001 MAIN STREET NETWORK MEMBERSHIP Accounts Payable Check 195.00 82267 12/14/2001 MARCO Accounts Payable Check =11.49 82268 12/14/2001 MAXIMUS Accounts Payable Check -50.00 82269 12/14/2001 MCDONALD APPRAISAL SERVICE Accounts Payable Check 2.250.00 82270 12/14/2001 MCNAMARA ELECTRIC Accounts Payable Check 77.87 81_271 12/14/2001 MID-COAST MOWER&SAW Accounts Payable Check 95.72 82272 12/14/2001 PAUL MILLER Accounts Payable Check 34.00 82273 12/14/2001 MISSION UNIFORM SERVICE Accounts Payable Check 118.96 82274 12/14/2001 MITCH FREDERICK SEALCOATING Accounts Payable Check 1.147.50 82275 12/14/2001 MOM'S CLUB OF ATASCADERO Accounts Payable Check 40.00 82276 12/14/2001 MPH INDUSTRIES,INC. Accounts Payable Check 1.825.93 82277 12/14/2001 DAVID MUEHLHAUSEN Accounts Payable Check 20.00 82278 12/14/2001 NEW HORIZONS Accounts Payable Check 4.500.00 52279 12/14/2001 NORTH COAST ENGINEERING INC. Accounts Payable Check 17.514.90 S_280 12/14/2001 OUTLET TOOL SUPPLY Accounts Payable Check '-S8.07 12281 12/14/2001 PACIFIC BELL Accounts Payable Check :00.81 • 82282 12/14/2001 PACIFIC HOME DO IT CENTER Accounts Payable Check ='6.02 82283 12/14/2001 PANASONIC COMMUNICATIONS Accounts Payable Check 1.151.48 52284 12/14/2001 PC MALL Accounts Payable Check 697.87 82285 12/14/2001 PENNY MEN Accounts Payable Check 37.15 S2286 12/14/2001 PERRY'S PARCEL SERVICE Accounts Payable Check -5.85 82287 12/14/2001 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 36.88 82388 12/14/2001 PLF,INC. Accounts Payable Check 708.67 82289 12/14/2001 POOR RICHARD'S PRESS Accounts Payable Check 107.17 82290 12/14/2001 TED O.PRELL Accounts Payable Check 250.00 82291 12/14/2001 PRO MOTION Accounts Payable Check 2.519.79 82292 12/14/2001 GRACE L.PUCCI Accounts Payable Check 772.50 82293 12/14/2001 QUILL CORPORATION Accounts Payable Check ;-1.27 82294 12/14/2001 RADIO SHACK Accounts Payable Check 495.36 82295 12/14/2001 RADIOLOGY ASSOCIATES OF SLO Accounts Payable Check 41.00 82296 12/14/2001 RAINBOW MEALWORMS,INC. Accounts Payable Check =9.02 82297 12/14/2001 REVENUE&COST SPECIALISTS LLC Accounts Payable Check 5.716.69 82298 12/14/2001 RICHARD SHANNON&JIMMIE SHORE Accounts Payable Check 8. 39.58 • 82299 12/14/2001 SAN FRANCISCO GIANTS Accounts Payable Check 879.00 041 City of Atascadero Disbursement Listing For the Month of December 2001 Check Check Number Date Vendor Description AmounAft 82300 12/14/2001 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check l0 . 82301 12/14/2001 SAN LUIS PERSONNEL INC. Accounts Payable Check 132.00 82302 12/14/2001 SANDERS DECAL,INC. Accounts Payable Check 508.85 82303 12/14/200I SANTA MARIA TIRE,INC. Accounts Payable Check 13.44 82304 12/14/2001 LISETTE SCHOLL Accounts Payable Check 227.50 82305 12/14/2001 SCMAF Accounts Payable Check 150.00 82306 12/14/2001 SECOND CHANCE AT LOVE Accounts Payable Check 250.00 82307 12/14/2001 SIERRA VISTA REGIONAL MEDICAL Accounts Payable Check 357.00 82308 12/14/2001 SIGN HERE Accounts Payable Check 53.50 82309 12/14/2001 SIR SPEEDY Accounts Payable Check 24,82 82310 12/14/2001 SKILLPATH SEMINARS Accounts Payable Check 199.00 82311 12/14/2001 CHARLES L.SMITH Accounts Payable Check 17.00 82312 12/14/2001 SO CA TRAINING OFFICERS ASSC Accounts Payable Check 120.00 82313 12/14/2001 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE& Accounts Payable Check 66.63 82315 12/14/2001 STAPLES INC. Accounts Payable Check 2,703.43 82316 12/14/2001 STERLING COMMUNICATIONS Accounts Payable Check 356.31 82317 12/14/2001 IRA STOKER Accounts Payable Check 150.00 82318 12/14/2001 SUNLIGHT JANITORIAL Accounts Payable Check 1,10 82319 12/14/2001 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 707.87 82320 12/14/2001 T-N-T PEST CONTROL Accounts Payable Check 88.00 82321 12/14/2001 MICKI TAYLOR Accounts Payable Check 120.00 82322 12/14/2001 TEAM FORCE CO.,INC. Accounts Payable Check 312.00 82323 12/14/2001 TESSCO TECHNOLOGIES Accounts Payable Check 2,050.19 82324 12/14/2001 TODD PIPE&SUPPLY Accounts Payable Check 972.52 82325 12/14/2001 TOM FLYNN&SONS Accounts Payable Check 900.00 82326 12/14/2001 TRIBUNE Accounts Payable Check 1,085.55 82327 12/14/2001 UNITED GREEN MARK INC. Accounts Payable Check 112.35 82328 12/14/2001 UNIVERSITY OF CALIFORNIA Accounts Payable Check 31.56 82329 12/14/2001 JEFF VAN DEN EIKHOF Accounts Payable Check 48.65 82330 12/14/2001 VERIZON WIRELESS Accounts Payable Check 70.79 82331 12/14/2001 VOLAS Accounts Payable Check 18.95 82332 12/14/2001 WAYNE'S TIRE,INC. Accounts Payable Check 95.96 82333 12/14/2001 NVESTERN JANITOR SUPPLY Accounts Payable Check 180.41 82334 12/14/2001 TERRY ANN WILLINGHAM Accounts Payable Check 84.94 82335 12/14/2001 WOODMEN Accounts Payable Check 780 044' City of Ataseadero Disbursement Listing For the Month'of December 2001 Check Check Agftumh Date Vendor Description Amount 82336 12/19/2001 ARTHURS CONTRACTING,INC. Accounts Payable Check 14 749.18 82337 12/19/2001 AZA DIRECTORS'RETREAT Accounts Payable Check 175.00 82338 12/19/2001 BRADY CHERRY Accounts Payable Check 300.00 82339 12/19/2001 WARREN FRACE Accounts Payable Check 300.00 82340 12/19/2001 CHRISTINE HARKNESS Accounts Payable Check 200.00 82341 12/19/2001 STEVEN KAHN Accounts Payable Check 300.00 82342 12/19/2001 MASTERCARD DEPARTMENT 1850 Accounts Payable Check 829.93 82343 12/19/2001 MASTERCARD DEPARTMENT 4093 Accounts Payable Check 346.03 82344 12/19/2001 MASTERCARD DEPARTMENT 4135 Accounts Payable Check 1,868.01 82345 12/19/2001 MASTERCARD DEPARTMENT 4150 Accounts Payable Check 577.11 82346 12/19/2001 MASTERCARD DEPARTMENT 4168 Accounts Payable Check 24.64 82347 12/19/2001 MASTERCARD DEPARTMENT 6082 Accounts Payable Check 23.01 82348 12/19/2001 MASTERCARD DEPARTMENT 6108 Accounts Payable Check 13 8.7 5 82349 12/19/2001 WADE MCKINNEY Accounts Payable Check 500.00 82350 12/19/2001 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 438.74 82351 12/19/2001 RACHELLE RICKARD Accounts Payable Check 300.00 82352 12/19/2001 RIM DESIGN GROUP Accounts Payable Check 1,374.80 82353 12/19/2001 U.S. POSTAL SERVICE Accounts Payable Check 5,000.00 82354 12/21/2001 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 5,160.00 82355 12/21/2001 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 225.00 82356 12/21/2001 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 82357 12/21/2001 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 365.50 82358 12/21/2001 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 82359 12/21/2001 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,455.94 82360 12/21/2001 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 529.90 82361 12/21/2001 FAMILY SUPPORT DIVISION Payroll Vendor Payment 261.69 82362 12/21/2001 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,222.54 82363 12/21/2001 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 500.00 82364 12/21/2001 KENNEDY CLUB FITNESS Payroll Vendor Payment 39.00 82365 12/21/2001 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 59.07 82366 12/21/2001 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 17,993.68 82367 12/21/2001 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 473.25 82368 12/21/2001 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 82369 12/21/2001 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 is 82370 12/21/2001 WASHINGTON MUTUAL BANK Payroll Vendor Payment 635.58 043 City of Ataseadero Disbursement Listing For the Month�of December 2001 Check Check Number Date Vendor Description AmountAk 82371 12/21/2001 WASHINGTON MUTUAL BANK Payroll Vendor Payment 301W. 120 12/26/2001 MID-STATE BANK Payroll Vendor Payment 30 900.97 82372 12/26/2001 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 394.96 82373 12/27/2001 CAROLE ROBINSON Accounts Payable Check 571.00 82374 12/27/2001 MIKE ALOI Accounts Payable Check 300.00 82375 12/27/2001 REGIONALD HICKS Accounts Payable Check 300.00 82376 12/27/2001 RUDY LORTON Accounts Payable Check 50.00 121 12/28/2001 MID-STATE BANK Payroll Vendor Payment t,560.71 82377 12/31/2001 ADDICTION MEDICINE CONSULTANTS Accounts Payable Check 900.00 82378 12/31/2001 ALLIED ROOFING Accounts Payable Check 235.00 82379 12/31/2001 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 27.29 82380 12/31/2001 ALMOND COUNTRY QUILTERS Accounts Payable Check 250.00 82381 12/31/2001 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 12.50 82382 12/31/2001 ARAMARK Accounts Payable Check 194.63 82383 12/31/2001 ARAMARK UNIFORM SERVICES Accounts Payable Check 362.28 82384 12/31/2001 AT&T Accounts Payable Check 20 82385 12/31/2001 ATASCADERO FORD Accounts Payable Check 927.19 82386 12/31/2001 ATASCADERO GLASS,INC. Accounts Payable Check 240.00 82387 12/31/2001 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 15.00 82388 12/31/2001 ATASCADERO NEWS Accounts Payable Check 236.87 82389 12/31/2001 ATASCADERO YOUTH SOCCER ASSC Accounts Payable Check 50.00 82390 12/31/2001 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 140.00 82391 12/31/2001 CATHERINE BEACH Accounts Payable Check 163.12 82392 12/31/2001 BENGAL ENGINEERING Accounts Payable Check 24,800.00 82393 12/31/2001 CINDY K.BENSON Accounts Payable Check 881.30 82394 12/31/2001 BOTACH TACTICAL.COM Accounts Payable Check 88.41 82395 12/31/2001 BROWN AND CALDWELL Accounts Payable Check 3,513.07 82396 12/31/2001 BURTON'S FIRE APPARATUS Accounts Payable Check 69.66 82397 12/31/2001 CAL-COAST REFRIGERATION,INC Accounts Payable Check 1,850.65 82398 12/31/2001 CALIFORNIA CITY MGMNT FOUNDATN Accounts Payable Check 100.00 82399 12/31/2001 CALIFORNIA NARCOTIC OFFC ASSC Accounts Payable Check 60.00 82400 12/31/2001 CALIFORNIA PEACE OFFICERS ASSC Accounts Payable Check 51.00 82401 12/31/2001 CALSAC Accounts Payable Check 130 82402 12/31/2001 CANNON ASSOCIATES Accounts Payable Check 2,05 044 City of Atascadero Disbursement Listing For the Month of December 2001 Check Check AdIlLi"M Date Vendor Description Amount 82403 12/31/2001 CHANNING L.BETE CO.,INC. Accounts Payable Check 354.93 82404 12/31/2001 CHARLES SCOTT CHAPMAN Accounts Payable Check 392.00 82405 12/31/2001 CHEM CLEAN Accounts Payable Check 86.68 82406 12/31/2001 CHEVRON Accounts Payable Check 1,401.10 82407 12/31/2001 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 487.80 82408 12/31/2001 JOSEPH CHOUINARD P.E. Accounts Payable Check 2,192.33 82409 12/31/2001 CITY OF SAN LUIS OBISPO Accounts Payable Check 104,766.00 82410 12/31/2001 ALLEN CLAWSON Accounts Payable Check 250.00 82411 12.31/2001 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 82412 12/31/2001 VINCE CONDE Accounts Payable Check 210.00 82413 12/31/2001 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 1,000.00 8241.3 12/31/2001 CPRS DISTRICT VIII Accounts Payable Check 60.00 82415 12/31/2001 CREDIT BUREAU Accounts Payable Check 16.00 82416 121131/2001 CRYSTAL SPRINGS WATER Accounts Payable Check 102.00 82417 12/31/2001 CSMFO 2002 ANNUAL CONFERENCE Accounts Payable Check 225.00 82418 12/31/2001 CUESTA COLLEGE Accounts Payable Check 61.65 82419 12'31/2001 CUESTA EQUIPMENT Accounts Payable Check 465.85 • 82420 12/31/2001 BRIAN DANA Accounts Payable Check 124.25 82421 12/31/2001 DARRYL'S LOCK AND SAFE Accounts Payable Check 34.03 82422 12/31/2001 DAVID M FLEISHMAN Accounts Payable Check 133.00 82423 12.131/2001 DECOU LUMBER COMPANY Accounts Payable Check 166.08 82424 12/31/2001 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,902.55 82425 12/31/2001 DOCE ROBLES WINERY Accounts Payable Check 372.36 82426 12/31/2001 EASY AD Accounts Payable Check 190.00 82427 12/31/2001 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 360.00 82428 12/31/2001 EL CAMINO CAR WASH LLC Accounts Payable Check 95.15 82429 12,'31/2001 EL CAMINO PLUMBING SUPPLY Accounts Payable Check 143.69 82430 12131/2001 ENGINEERING DEVELOPMENT ASSC Accounts Payable Check 670.00 82431 12/31/2001 ESCUELA DEL RIO Accounts Payable Check 67.60 82432 12/31/2001 FALCON DIRECT,INC. Accounts Payable Check 1,900.00 82433 12/31/2001 FERRELL'S AUTO REPAIR Accounts Payable Check 286.95 82434 12/31/2001 FGL ENVIRONMENTAL Accounts Payable Check 465.70 82435 12/31/2001 FOOD FOR LESS Accounts Payable Check 915.72 82436 12/31/2001 FOX&SOHAGI,LLP Accounts Payable Check 5,849.53 82437 12,31/2001 FRAZEE PAINTS Accounts Payable Check 186.19 82438 12/31/2001 GALL'S INC. Accounts Payable Check 27.26 045 City of Ataseadero Disbursement Listing For the Month of December 2001 Check Check Number Date Vendor Description Amo TA 82439 12/31/2001 KAREN GARMAN Accounts Payable Check 16 . 82440 12/31/2001 GAS COMPANY Accounts Payable Check 1,489.76 82441 12/31/2001 GAS COMPANY Accounts Payable Check 4,152.42 82442 12/31/2001 GEM AUTO PARTS Accounts Payable Check 1,126.78 82443 12/31/2001 GENERAL HOSPITAL Accounts Payable Check 155.00 82444 12/31/2001 GIBBS SECURITY GATES Accounts Payable Check 303.00 82445 12/31/2001 KENNETH GLYNN Accounts Payable Check 184.27 82458 12/31/2001 GST CALL AMERICA Accounts Payable Check 1,634.10 82459 12/3 1/2001 H.D.PETERSON Accounts Payable Check 43.71 82460 12/31/2001 HAINES&COMPANY,INC. - Accounts Payable Check 181.13 82461 12/31/2001 HALLETT'S RV Accounts Payable Check 85.00 82462 12/31/2001 ROY HANLEY Accounts Payable Check 1,235.00 82463 12/31/2001 HARMONY MACHINE&WELDING Accounts Payable Check 81.25 82464 12/31/2001 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 443.78 82465 12/31/2001 IACP/POLICE CHIEF SUBSCRIPTION Accounts Payable Check 42.00 82466 12/31/2001 INFORMATION SERVICES DIVISION Accounts Payable Check 192.71 82467 12/31/2001 EDWARD P.JARDINI Accounts Payable Check 287 82468 12/31;2001 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 82469 12/31/2001 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 88.12 82470 12/31/2001 K C BODYWORKS,INC. Accounts Payable Check 3,289.26 82471 12/31/2001 K-MART Accounts Payable Check 48.70 82472 12/31/2001 LESLYN KEITH Accounts.Payable Check 51.10 82473 12/31/2001 KEN'S MOBIL SERVICE Accounts Payable Check 804.10 82474 12/31/2001 BRIAN KENNEDY Accounts Payable Check 135.00 82475 12/31/2001 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 273.30 82476 12/31/2001 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 12,885.95 82477 12/31/2001 LCD AUTOMOTIVE Accounts Payable Check 1,248.00 82478 12/31/2001 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,395.01 82479 12/31/2001 LEMOS FEED&PET SUPPLY Accounts Payable Check 57.95 82480 12/31/2001 LIFE ASSIST,INC. Accounts Payable Check 63.91 82481 12/31/2001 LYNDON'S AUTOMOTIVE Accounts Payable Check 690.54 82482 12/31/2001 ANITA MACEY Accounts Payable Check 5.00 82483 12/31/2001 MARY MCCULLOCH Accounts Payable Check 50.30 82484 12/31/2001 WADE MCKINNEY Accounts Payable Check 120.00 82485 12/31/2001 MICHAEL'S Accounts Payable Check 0 040 City of Ataseadero Disbursement Listing For the Month'of December 2001 Check Check Aftumber Date Vendor Description Amount 12/ 1/2001 MID COAST GEOTECHNICAL INC. 82486 3 Accounts Payable Check 2,863.00 82487 12/31/2001 MISSION UNIFORM SERVICE Accounts Payable Check 110.84 82488 12/31/2001 MITCH FREDERICK SEALCOATING Accounts Payable Check 552.50 82489 12/31/2001 MOORE'S WESTERN NURSERY Accounts Payable Check 10.82 82490 12/31/2001 MPH INDUSTRIES,INC. Accounts Payable Check 5,477.79 82491 12/31/2001 NAVAJO ROCK&BLOCK Accounts Payable Check 789.30 82492 12/31/2001 NEW TIMES Accounts Payable Check 254.00 82493 12/31/2001 OHLIN SALES,INC. Accounts Payable Check 76.38 82501 12/31/2001 PACIFIC BELL Accounts Payable Check 4,779.44 82503 12/31/2001 PACIFIC GAS AND ELECTRIC t Accounts Payable Check 32 321.56 82504 12/31/2001 PACIFIC HOME DO IT CENTER Accounts Payable Check 135.08 82505 12/31/2001 PADGETT THOMPSON Accounts Payable Check 84.00 82506 12/31/2001 PAPER WORKS Accounts Payable Check 146.92 82507 12/31/2001 PASO ROBLES WINNELSON CO. Accounts Payable Check 18.94 82508 12/31/2001 PHOENIX CATERING Accounts Payable Check 25.00 82509 12/31/2001 POOR RICHARD'S PRESS Accounts Payable Check 108.97 82510 12/31/2001 PORAC LAW ENFORCEMENT NEWS Accounts Payable Check 234.00 82511 12/31/2001 PRIMARY EYECARE CENTER Accounts Payable Check 115.50 82512 12/31/2001 BAS PRINS Accounts Payable Check 100.00 82513 12/31/2001 GRACE L.PUCCI Accounts Payable Check 472.50 82514 12/31/2001 QUILL CORPORATION Accounts Payable Check 1,509.80 82515 12/31/2001 RADIOLOGY ASSOCIATES OF SLO Accounts Payable Check 82.00 82516 12/31/2001 RAINBOW AUTO&TOWING Accounts Payable Check 90.00 82517 12/31/2001 RAINBOW MEALWORMS,INC. Accounts Payable Check 38.62 82518 12/31/2001 RECOGNITION WORKS Accounts Payable Check 12.84 82519 12/31/2001 RED'S PLUMBING Accounts Payable Check 146.23 82520 12/31/2001 TESS RICE Accounts Payable Check 250.00 82521 12/31/2001 RACHELLE RICKARD Accounts Payable Check 55.01 82522 12/31/2001 STEVE ROMO Accounts Payable Check 75.00 82523 12/31/2001 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 270.73 82524 12/31/2001 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 15 881.25 82525 12/31/2001 SAN LUIS PERSONNEL INC. Accounts Payable Check 363.00 82526 12/31/2001 SANTA MARIA TIRE,INC. Accounts Payable Check 770.23 82527 12/31/2001 SIERRA VISTA REGIONAL MEDICAL Accounts Payable Check 591.50 is 82528 12/31/2001 SIGN HERE Accounts Payable Check 26.75 82529 12/31/2001 SIGN OUTLET Accounts Payable Check 1,324.74 City of Ataseadero Disbursement Listing For the Month of December 2001 Check Check Number Date Vendor Description Amo 82530 12/31/2001 SKATE PARK MAGAZINE Accounts Payable Check 30, 82531 12/31/2001 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 202.04 82532 12/31/2001 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 197.50 82533 12/31/2001 T.A.P.S.TRUCK ACCESSORY OUTLT Accounts Payable Check 100.00 82534 12/31/2001 TAYLOR RENTAL Accounts Payable Check 26.54 82535 12/31/2001 TAYLOR RENTAL CENTER Accounts Payable Check 13.27 82536 12/31/2001 TEMPLETON FEED&GRAIN Accounts Payable Check 186.72 82537 12/31/2001 TERRY&PAULSON ENTERPRISE INC Accounts Payable Check 21.40 82538 12/31/2001 THYSSENKRUPP ELEVATOR Accounts Payable Check 210.06 82539 12/31/2001 TOM FLYNN&SONS Accounts Payable Check 450.00 82540 12/31/2001 MARCIA TORGERSON Accounts Payable Check 88.32 82541 12/31/2001 TRIBUNE Accounts Payable Check 448.00 82542 12/31/2001 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 564.75 82543 12/31/2001 UNITED GREEN MARK,INC. Accounts Payable Check 89.35 82544 12/31/2001 UNIVERSAL SPECIALTIES,INC. Accounts Payable Check 40.00 82545 12/31/2001 UNOCAL Accounts Payable Check 1,917.22 82546 12/31/2001 JEFF VAN DEN EIKHOF Accounts Payable Check 24 82547 12/31/2001 VERIZON WIRELESS Accounts Payable Check 82548 12/31/2001 VONS Accounts Payable Check 24.21 82549 12/31/2001 W.W.GRAINGER,INC. Accounts Payable Check 322.15 82550 12/31/2001 WAKEFIELD COMPANY Accounts Payable Check 1,093.49 82551 12/31/2001 WAYCO-NORTH COUNTY FIRE PROT Accounts Payable Check 735.63 82552 12/31/2001 NANCY E.WEBBER,PH.D. Accounts Payable Check 240.00 82553 12/31/2001 WESTERN JANITOR SUPPLY Accounts Payable Check 65.77 82554 12/31/2001 WHITAKER CONTRACTORS,INC. Accounts Payable Check 44,865.90 $ 723,077.41 • A ITEM NUMBER: A-4 -- DATE: 02/12/2002 X5 791 8 Atascadero City Council City Attorney Report Ordinance Regulating Use of Dangerous Weapons Including Bows Second Reading RECOMMENDATION: City Council adopt, on second reading by title only, the draft Ordinance, amending the Atascadero Municipal Code regulating the use of dangerous weapons within the City limits. DISCUSSION: • Background: This matter has been the subject of discussion at prior City Council meetings. Council Member Jerry Clay was the sole member of the ad hoc committee of the City Council that looked into this issue. Council Member Clay held at least one public meeting and conducted other research into this matter. His conclusions and recommendations were reported to the City Council at the most recent regular meeting. At that meeting, after hearing public testimony as .well, the council made amendments to and then introduced for first reading by title only the attached ordinance. This matter is now back for second reading. The ordinance must have two readings to be passed. If any changes are made at this meeting, that will constitute a "first reading." If no changes are made, the ordinance may be adopted at this meeting. The ordinance will then be published, and it will be effective thirty days after its passage. FISCAL IMPACT: There have been no fiscal impacts identified on this issue. ALTERNATIVES: The Council may choose not to further address the problem by way of legislation. • ATTACHMENTS: Draft ordinance 049 DRAFT ORDINANCE DISCHARGE OF FIREARMS AND • DANGEROUS WEAPONS PREAMBLE. Purpose and Intent The City Council finds that the discharge of weapons in the City and also upon public property is inherently dangerous to the citizens of Atascadero due to the inability to guarantee that the objects discharged will remain safely upon the premises or to guarantee that the objects discharged will not cause harm to people and/or animals. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its citizens from the dangerous effects of the discharge of weapons. NOW THEREFORE, the City Council of the City of Atascadero does ordain that sections 4- 3.103 through 4-3.105 of the Atascadero Municipal Code are amended to read as follows: 4-3.103 Discharge of firearms or dangerous weapons. It is a unlawful for any person to willfully discharge any firearm or dangerous weapon within the city limits except in either private or public archery ranges, shooting galleries and on pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as otherwise provided by law. • 4-3.104 Misuse of dangerous weapons. It is a unlawful for any person under the age of eighteen, and without the immediate supervision of a parent or guardian or an adult designated by the minor's parent or guardian, to willfully fire or willfully discharge any weapon or device as defined in this chapter within the city limits. In no instance may such weapons be discharged by a minor within one hundred (100) feet of any building or livestock without the permission of the property owner. 4-3.105 Nuisances-disposition of weapons. (a) Upon conviction of a defendant, a firearm or dangerous weapon used in the commission of, or In reply to: an attempt to commit, any violation of this code, is a nuisance. (b) Upon conviction of a defendant, any weapon described in subsection (a) of this section shall be surrendered to the Chief of Police, who shall dispose of such weapon as provided by law-, except that upon the certification of a judge of a court of record, the City Attorney or of the District Attorney of the County of San Luis Obispo, that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases. • 0 50 • 4-3.1-7 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. The foregoing ordinance was approved and adopted at a meeting of the Citi-Council held on , 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: • CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney • ITEM NUMBER: A-5 DATE: 02/12/2002 • Isis' '° � is7e CA Atascadero City Council Staff Report — Community Services Department Charles Paddock Zoo State Grant Funds Resolution RECOMMENDATION: City Council approve the draft Resolution authorizing the City Manager to apply for grant funds from the Dr. Paul Chaffee Zoological Program under the Safe Neighborhood, Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. DISCUSSION: • The State of California Department of Parks and Recreation administers the funds from voter approved Proposition 12, the Safe Neighborhood, Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. The City of Atascadero has been allocated an undetermined amount of funding from the Dr. Paul Chaffee Zoological Program, which is available for non- profit, American Zoo and Aquarium Association (AZA) accredited, Zoos and Aquariums in California. The Procedural Guide prepared by the State of California Department of Parks and Recreation requires that the governing body of each agency certify by resolution the authorization of the Grantee to apply for the Dr. Paul Chaffee Zoological Program grant funds. The State of California Department of Parks and Recreation, following the submission of this resolution, will draft and forward a contract to the City regarding the conditions related to the expenditure of these funds. Approximately $5,401,000.00 has been allocated from the Proposition 12, the Safe Neighborhood, Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 Dr. Paul Chaffee Zoological Program, for all available non-profit, American Zoo and Aquarium Association (AZA) accredited, Zoos and Aquariums in California. The specific amount allocated for the Charles Paddock Zoo will be determined by the number of zoos and aquariums that apply and are approved for funding. This funding will be used for infrastructure and utility upgrades at the zoo. • 052 ITEM NUMBER: A-5 DATE: 02/12/2002 FISCAL IMPACT: • Approval of this resolution will allow the City of Atascadero to apply for an undetermined amount of State of California grant funds specifically allocated for the Charles Paddock Zoo. We will not be eligible for future funding if we do not submit this resolution by the State deadline. ALTERNATIVES: None ATTACHMENTS: Attachment#I- Draft Resolution • 053 DRAFT RESOLUTION • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE DR. PAUL CHAFFEE ZOOLOGICAL—ZOOS AND AQUARIUM FACILITIES GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. WHEREAS, the people of the State of California have enacted the Dr. Paul Chaffee Zoological Program-Zoos and Aquariums Facilities Grant (Z-AF) which provides funds to cities, counties and non-profit organizations for the development, rehabilitation, or restoration of facilities accredited by the American Association of Zoos and Aquariums (AZA) and operated by cities, counties and non-profit organizations; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation requires that the Applicants governing body certify by resolution approval of the Applicant to apply for the ZAF Grant Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California for . subject Project(s); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLO«'S: SECTION 1. Approves the filing for local assistance funds from the ZAF Grant under the Safe Neighborhood Parks, Clean dater, Clean Air, and Coastal Protection Bond Act of 2000; and SECTION 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and SECTION 3. Certifies that Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and SECTION 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary-for the completion of Project(s). • 054 On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted following roll call vote: AYES: • NOES: ABSTAIN: ABSENT: ADOPTED: February 12, 2002 CITY OF ATASCADERO J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk • APPROVED AS TO FORM: Roy A. Hanley, City Attorney • UJJ ITEM NUMBER: A-6 DATE 02/12/02 ns lw'a •off fi,/4 • 1 A�SCADF�,;% Atascadero City Council Staff Report — Community Services Department Pavilion Lease Agreement - Hope Lutheran Church RECOMMENDATION: City Council authorize the City Manager to execute a two-year lease agreement with Hope Lutheran Church of Atascadero for use of the Atascadero Lake Pavilion on Sunday mornings. DISCUSSION: . Hope Lutheran Church has been a tenant of the Atascadero Lake Pavilion since August of 1996 through a lease agreement that has recently expired. Hope Lutheran Church has requested an extension on the existing lease that will allow- for an additional two-years, with an optional third year upon mutual agreement. Hope Lutheran may not request the optional rear if they are successful in building a permanent church on property they currently own. Hope Lutheran has been a reliable Pavilion tenant, providing the City of Atascadero with a steady source of rental income, utilizing time -which is not normally in high demand. It has been the practice of the City of Atascadero to enter into long-term lease agreements with tenants who desire a more secure rental arrangement than our standard month arrangement. This lease agreement will increase the monthly rent paid by Hope Lutheran from $600.00 to $800.00 in the first two years and to 5900.00 in the optional third year. Staff is recommending that the City Council authorize the City Manager to execute a two-year lease agreement with Hope Lutheran Church for use of the Atascadero Lake Pavilion on Sunday mornings. FISCAL IMPACT: The City of Atascadero will realize $9,600.00 per year in the first two years of this proposed • agreement. 056 City of Atascadero Contract No. • LEASE AGREEMENT This Lease Agreement is made and entered into this date Fehniar; 1; _ 2002, by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and 14ope Lutheran Church of Atascadero, hereafter referred to as "Tenant. 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant • 1.2.1 The tenant is Hone Lutheran Church of Atascadero, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Hope Lutheran Church of Atascadero P O Box 1957 Atascadero CA 93423 2. I.EASF, PREMISES 2.1 Descrilition of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are • 057 • necessary for Tenant's use and occupancy of the leased premises. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the convenience of the employees and customers of the Tenants business, unless otherwise specifically designated by the Landlord in writing. Landlord shall have the right to establish and enforce reasonable rules and regulations concerning the use of the parking area. 3. TERM OF LEASE The term of this Lease shall begin on Mash 1 , 2002, Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of two (2)years, with an option for one additional year upon mutual agreement of both parties. 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a monthly rent of S$00.00, during each month of the first two (2) years of the term of this Lease. Tenant agrees to pay to Landlord a • monthly rent of 5200-00, during each month of the final optional year of the term of this Lease. The annual rent shall be due and payable on the first day of each month. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.1 and at such place as Landlord shall designate to Tenant from time to time in writing. 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. LEASE AGREEMENT WITH 2 HOPE LUTHERAN CHURCH OF ATASCADERO 058 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP • Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venturer with Tenant, or associated in any other way with Tenant in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal Property Taxes Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes, if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the • real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax, which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor statute, and includes any interest described in Section 107.4 of the same Code, or its successor statute. This section is deemed to comply with Section 107.6 of the same code. 6.3 Taxes Defined; Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, LEASE AGREEMENT WITH 3 HOPE LUTHERAN CHURCH OF ATASCADERO 059 • income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes," but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Management of Building Landlord shall have the right, in its sole discretion, to: • 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and 7.1.2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7.2 Rules and Regulations Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good 'order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any, of them shall constitute a default by Tenant under this Lease. LEASE AGREEMENT WITH 4 • HOPE LUTHERAN CHURCH OF ATASCADERO 060 8. ITSF;I.iMITATIONS ON ITSF • 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only-for the purpose specified herein which is: operate Church and Sunday School Services, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant's use of the leased premises shall be in accordance with the following requirements: 8.2.1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 Waste; Nuisance. Tenant shall not commit, or suffer to be committed, • any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 C:bange by Tenant 9.1.1 Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. LEASE yGREEMENT WITH 5 HOPE LUTHERAN CHURCH OF ATASCADERO • 061 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UT11.1TiES 10.1 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANT'S PERSONA. PROPERTY 11.1 installation of Property Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises,Tenant shall obtain the written agreement of • the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, in the event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Removal of Personal Property Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. LEASE AGREEMENT WITH 6 • HOPE LUTHERAN CHURCH OF ATASCADERO 0�� 12. CARE AND MATNTF,NANC E • 12.1 Landlord's Maintenance Except as otherwise provided in this Lease, Landlord agrees to maintain in good condition and repair, at the sole cost and expense of Landlord, (1) the structural components of the building and improvements in which the leased premises are located, which structural components are limited to the foundations, bearing and exterior walls (and any plumbing or wiring encased therein), sub-flooring and roof, and (2) common areas and the exterior of the leased premises; and (3) any heating, ventilating and air conditioning systems furnished by Landlord to the leased premises. 12.2. Tenant's Maintenance 12.2.1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense. 12.2.2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.2.3 Tenant shall provide janitorial and trash collection services to the leased premises. 13. INDEMNITY AND INSURANCE 13.1 indemnification Agreement This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in LEASE AGREEMENT WITH 7 HOPE LUTHERAN CHURCH OF ATASCADERO • 063 any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Puhlic I,iahility and Property Damage 13.2.1 insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be%,000,000. 13.2.2 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage • afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury LEASE AGREEMENT WITH 8 • HOPE LUTHERAN CHURCH OF ATASCADERO C�64 and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 i.andlord to Repair Should the leased remises or the building and other improvements in which the p g p premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if (a) the leased premises or the building and improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of siich restoration would exceed one-half(1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. 14.2 Termination; Abatement of Rent 14.2.1 This Lease shall not be terminated by any damage to or destruction of the • leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration;based on the extent to which the destruction interferes with Tenant's use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. LEASE AGREEMENT WITH 9 HOPE LUTHERAN CHURCH OF ATASCADERO • i • 15. ASSIGNING,SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT -BY TENANT; LANDLORD'S REMEDIES 16.1 Insolvency of Tenant r If during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a receiver be appointed for the leased premises by reason of the insolvency or alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (c) any department of the state or federal Government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or • receivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. LEASE AGREEMENT WITH 10 • HOPE LUTHERAN CHURCH OF ATASCADERO t; 16.3 Failure to Pay Rent,Etc. • If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Tease It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of an breach of this Lease b Tenant then Landlord besides an other rights r Y Y Y g so remedies Landlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.4.1 The Landlord reserves the right to extend this agreement, at the end of two (2) years, for an additional one (1) year term. The landlord, at it's sole discretion, may elect not to extend the lease agreement at the end of the two month term with or without cause. 1 • GS If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed in accordance with paragraph (b) of Section 1951.2 of the CaliforniaCivil Code of the amount b which the rent then unpaid hereunder for the balance of ) Y p the Lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach or default, may pursue any other remedy available to Landlord at law or in equity. LEASE AGREEMENT WITH 13 • HOPE LUTHERAN CHURCH OF ATASCADERO t,4 6 7 • 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as . additional rent. 19. WAIVER OF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased premises. • LEASE AGREEMENT WITH 14 HOPE LUTHERAN CHURCH OF ATASCADERO 068 21. LANDLORD'S ENTRY ON PREMISES .1 2 • 1 Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this Lease, including "for rent" or "for lease" notices during the last three months of this Lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; and 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or area; • 21.1.5 To gather information including measurement, prepare floor plans, etc., for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22. SALT OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. LEASE AGREEMENT WITH 15 • HOPE LUTHERAN CHURCH OF ATASCADERO C, • 23. SURRENDER ON TERMINATION; HOLDING OVER 23.1 Surrender of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the Lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the Lease term or within thirty (30) days of Landlord's notice, whichever is later. 24. NOTICES • All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each party to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. 26. BINDING ON SUCCESSORS, FTC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of(as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors and assigns. • LEASE AGREEMENT WITH 16 HOPE LUTHERAN CHURCH OF ATASCADERO r� 0180 27. ATTORNEYS' FFF,S In the event that anlegal action is instituted b either of the parties h • y g y p s ereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. IN WITNESS WHEREOF thep arties hereto have executed this Lease on the date set • forth opposite their respective names. Date: By: Tenant, Carl Billings Pastor, Hope Lutheran Church LANDLORD, CITY OF ATASCADERO Date: By: Wade G. McKinney, City Manager Approved As To Form: Roy A. Hanley, City Attorney LEASE AGREEMENT'WITH 17 • HOPE LUTHERAN CHURCH OF ATASCADERO 0171 EXHIBIT A DESCRIPTION OF LEASED PREMISES: The following portions of the Atascadero Lake Pavilion and Ranger House of the Cit of g Y Atascadero. ROTARY ROOM, GRONSTRAND ROOM, AND COMMUNITY ROOM, BOY SCOUTS MEETING ROOM AND RANGER HOUSE AS INDICATED ON THE ATTACHED MAP. Tenant will occupy the above-described space every Sunday, 7:30 a.m. to 12:30 p.m. ADDRESS: 9315 Pismo Avenue Atascadero, California 93422 • r LEASE AGREEMENT WITH 18 HOPE LUTHERAN CHURCH OF ATASCADERO 072 • "C" 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on MARCH of each year. Minimum monthly rent shall be $$0000 during each month of the first two (2) years of the term of this Lease, and $900-00- during each month of the final optional year of the term of this Lease.. 2. LATE CHARGE: Ten percent (10%) of annual rent(see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: • Not applicable. B. Insurance: Not applicable. C. Utilities/Services. Reasonable cost of electricity, water, gas, and trash collection to be paid by the City. Cost of telephone and interior janitorial service to be provided and paid directly by the Tenant(s). • LEASE AGREEMENT WITH 20 HOPE LUTHERAN CHURCH OF ATASCADERO 074 • EXHIBIT "n" BITILDING RMYS AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls, passageways, driveways, entrances and exits of the building; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter any lock or install any new or additional lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a duplicate key . for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster, or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize the parking facilities of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space • LEASE AGREEMENT WITH 21 HOPE LUTHERAN CHURCH OF AT'SCADERO G 7 5 that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost of replacing any lost keys and, at the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises schen the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or eater apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. • C:\GEOFFBOYSCOUTS LEASE • LEASE AGREEMENT WITH 22 HOPE LUTHERAN CHURCH OF ATASCAD=RO L7 ITEM NUMBER: A-7 DATE: 02/12/2002 1918A ® 1919 9, Atascadero City Council Staff Report - Public Works Department El Camino Real Bikelanes, Phases 2 and 3 Bid No. 2000-05 RECOMMENDATION: City Council authorize the City Manager to execute an agreement with Souza Construction, Inc. for $142,286.00 to construct the El Camino Real Bikelanes, Phases 2 and 3. DISCUSSION: Design of the El Camino Real Bikelanes, Phases 2 and 3 has been completed. Bids were • received and publicly opened on January 24, ,2002. Souza Construction, Inc. submitted the lowest responsive bid in the amount of$142,286.00. The project includes the roadway shoulder and signing and striping on El Camino Real between Jornada and Santa Barbara(4,500 feet), and between Del Rio and San Anselmo (4,600 feet). This project will improve bicycle circulation on El Camino Real in accordance to the. Circulation Element. In accordance with the City procurement policies, the award of the contract requires Council approval. A bid summary prepared by the City Clerk and an itemized bid summary are included in this report for reference. The bids have been checked for completeness and accuracy. Staff finds Souza Construction, Inc. to be the lowest responsive bidder. FISCAL IMPACT: The El Camino Real Bikelanes, Phase 2 and 3 are included in the FY 01-02 budget. • �"17 ITEM NUMBER: A-7 DATE: 02/12/2002 PROJECT EXPENDITURES Construction $142,286.00 Contingencies @ 10% $14,228.60 Construction Engineering (Inspection, Contract Administration, Survey, Soils Testing) 20% $28,457.20 TOTAL PROJECT EXPENDITURES $184,971.80 PROJECT REVENUES Phase 2 Funding: TDA $11,710.00 RSHA $53,260.00 Phase 3 Funding: TDA $23,000.00 USHA $15,000.00 TEA $106,000.00 TOTAL PROJECT REVENUES $208,970.00 • ALTERNATIVES: 1. Award Contract This project is part of both the Regional Bikelane Master Plan and the City of Atascadero Circulation Element Bikelane Plan. Funding has been programmed and is covered in the FY 01-02 budget. 2. Do not Award Contract If the project is not constructed, this segment of the Master Plans will remain incomplete and the funding that has been previously programmed will be lost. ATTACHMENTS: Attachment A - Bid Summary Attachment B—Itemized Bid Summary • ATTACHMENT "A" • • City of A tascadero Office of the City Clerk BID SUMN ARY TO: Public Works Department FROM: Marcia McClure Torgerson, City Clerk BID NO.: 2000-005 OPENED: 1/24/02, 2:00 p.m. PROJECT: El Camino Real Bike Lane (6) Bids were received and opened today, as follows: Base Bid Base Bid Bidder (Phase 2) (Phase 3) Total Bid R. Burke Corporation $143,904.64 $45,300.44 $189,205.08 . 27855 James Chapel Road P.O. Box 249 Holden, LA 70744 A.J. Diani construction Co., Inc. $113,194.76 $48,847.19 $162,041.95 295 North Blosser Road Santa Maria, CA 93456-0635 Madonna Construction Co. $114,290.48 $50,997.54 $165,288.02 P.O. Box 3910 San Luis Obispo, CA 93403 Whitaker Contractors Inc. $ 99,125.55 $53,205.64 $152,331.19 P.O. Box 910 Santa Margarita, CA 93453 Granite Construction $154,434.10 $45,230.90 $199,665.00 P.O. Box 6744 Santa Barbara, CA 93160-6744 Souza Engineering Contracting, Inc. $105,175.00 $37,111.00 $142,286.00 P.O. Box 3903 San Luis Obispo, CA 93403 Attachments: 6 bids N O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m O to 0 0 0 0 0 0 CO M ^0 O O O O O9 O O O O O O O r r O N O 0 0 0 Cl 0 n W y W O t0 (O O r` N (O r r M N V V V (O a) o N r` N N N O (O o 00 O V O U V r O n (OO m •-- N_ V N (3) N N (M00 V V (O a) r` O to N r- N 0) U o (O t0 M N M CO N u) N N (D Cl) N M &F N 6H LO 6H 00 V N V 6q V r CL O O to 6 Q m CL N o _N a1 ('7 69. E+9" N 6-P60" (fl EA EA EA el, Efl Efl ER fA (vj Z H 6H W. 6R 64 69 6H v 0 6R w LO .�. M ` c U a) V O O m O O O N t0 V o 0 0 0 0 0 Cl) Cl) 0) V m O V V O to 0 0 0 0 0 0 CD p U m W O O O f0 Cl) Cl) O N O o o O N — V N CO M V Cl) V N r 0 0 0 0 0 to N O V O N V O R7 n � r r O O O O O O O O O O O N O V W O r O C �( V M V M V fi? (O r N O 69 to 6A 6H 69 6P1 6A 6H 69 69 6R 6 O (O Or. N a) N a O 'L 0_ (D 6H 6A 6A EA O N N N V 6A 6R 6A 6A p p 6n O Ln .m... 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Z _Z a0 CL CL cn o o y o ff ai ~ Q a a H m IT FT m U) N co M M ~ U 3 0 R T a) a) U m 'm m 'm 'm c U m cn a) �- N a) a) a) Y Q E Y O O 0 U (0 N 0 = m N �p a. 0 0 o0 'x a a a a n fn c o_ o 0 o y w J m L) U U n a) in in in (n (D Q 2 LUo CO 'm W O o 0 0 o n E d W -a. v m O M M '�° U) ofrn o aa)) m � m m (>a u W H Q Q Q H h ZZ o U = W N (`7 7 t0 r m 01 LL m W CE ITEM NUMBER: A-8 DATE: 02/12/2002 f918 • ° 1979 Atascadero City Council Staff Report—Public Works Department Acceptance of Final Parcel Map 2001-0020 (Tract 2166) 9244 San Rafael Road (TTM 2001-0006) (Kelly Gearhart) RECOMMENDATIONS: City Council: 1. Accept Final Parcel Map 2001-0020 (Tract 2166); and, 2. Reject the offers of dedication for street and utilities as shown on Final Parcel Map 2001-0020. DISCUSSION: • Tentative Tract Map 2001-0006 was approved by the Planning Commission on August 7, 2001. The subdivision approved the division of one Residential Multifamily Lot, totaling 1.6± acres, into nine lots ranging in area from 4,088 to 8,238 square feet. Pursuant to California.Government Code Section 66440 the approving legislative body (City Council) can not deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. An offer of dedication for streets and public utilities are being offered on Final Map 2001-0020 to fulfill a Condition of Approval issued by Planning and the City Engineer. The City Engineer recommends the City Council reject the dedications. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. A road maintenance agreement will be recorded with the final map. However, staff is working with the applicant to develop an assessment district, which would supercede the road maintenance agreement. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tentative Parcel Map 2001-0020 (Tract • 2166) 032 ITEM NUMBER: A-8 DATE: 02/12/2002 • Exhibit A-Page 1 Final Parcel Map 2001-0020(Tract 2166) 9244 San Rafael Road Kelly Gearhart • w f }� o t r N w a = y ............. EF= Y 6 yon 7;' E n � t + x ( u a; 1; PN rn � mf-t �� �" •b o"�/f r' i 1 i Yea.;. s !. N A "'moo i91: L .< • 033 ITEM NUMBER: A-8 DATE: 02/12/2002 • Exhibit A-Page 2 Final Parcel Map 2001-0020(Tract 2166) 9244 San Rafael Road Kelly Gearhart 9���•� /�/ ,mss; ayak Ap - y m. w3.R .. yyo .. a \ r r• - r r t,y _ ' m F < W Irl: tc a u • 034 _- ITEM NUMBER: A-9 DATE: 02/12/2002 1979 1979 • . '�A'��DERo/� Atascadero City Council Staff Report—Public Works Department Final Parcel Map 2001-0008 (AT 00-202) 3100 Ardilla Road (Hanson / Gearhart) RECOMMENDATION: City Council accept Final Parcel Map 2001-0008 (AT 00-202) DISCUSSION: Tentative Parcel Map 2001-0008/ AT 00-202 was approved by the Community Development Department on April 30, 2001. The Lot Line Adjustment adjusts the lot lines between two legal lots. The lot line adjustment is an equal exchange of area between two parcels, in that the proposed lot line adjustment will adjust the common side property line between the parcels, but the gross area of the parcels will remain the same. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) can not deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. No real property is being offered for dedication with this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tentative Parcel Map 2001-0008 (AT 00-202) • 035 IEM UMBER w-9 ATE 02/12/2002 Fn�lA . \ Final Parcel Map 2001-0008(AT0o2 m 3100 Ardlb ■_d . Hanson Gearhart . � § |x � ■q � . . . , ■ � �� ' � « it � = ■ Is —--- ` | ell, \ � ► $ � � 0.0 < - ■ w% � / /� . ■ ■ }/ ■ � \ � � �� . k ■ © � | ■ ■ 2 _ _ 9 -�� lit||, ■ § r MY % { . ■ . | > ■ . � 0 8 6 ITEM NUMBER: A- 10 .—de®� o ■' y' DATE: 02/12/2002 1979 Atascadero City Council Staff Report - Public Works Department Design and Construction Services for Curbaril Overlay II, 2002 Road Rehabilitation Projects, and 2003 Road Rehabilitation Projects RECOMMENDATIONS: City Council: 1. Reallocate $217,800 in the 2001-2003 Capital Projects Program from the San Fernando Road Overlay to the El Camino Real Overlay- Santa Rosa to Viejo Camino; and, 2. Authorize the City Manager to execute an agreement with Pavement Engineering, Inc. for design and construction services for Curbaril Overlay I1, 2002 Road Rehabilitation • Projects, and 2003 Road Rehabilitation Projects, and El Camino Real Overlay. DISCUSSION: A Request for Proposals was sent to eleven companies specializing in pavement engineering and design services on October 26, 2001. A proposal conference was held on November 8, 2001 and nine firms were in attendance. The proposal opening was December 4, 2001 in the City Clerk's office. Six qualified companies returned proposals for this work. Upon opening the proposals, they were rated by a review committee. Two companies were then invited to a finalist interview on December 18, 2001. After the final interview and reference checks, Pavement Engineering, Inc. was chosen as the most qualified firm. After an evaluation of the pavement conditions on San Fernando Road, staff determined that the funds for this project would be better utilized on El Camino Real between Santa Rosa Avenue and Viejo Camino. This finding is in agreement with the current Pavement Management Program, which prioritizes streets in need of repair. Currently substandard drainage on El Camino has led to rapid deterioration of the roadway, curb, and cross-gutters. Staff has verified with SLOCOG that the funds for San Fernando Road can be reallocated to El Camino Real. Staff proposes advertising for a part-time temporary inspector, who would oversee construction • of this and other capital improvement projects that are to be constructed this summer. This position would be paid out of the funds allocated for the projects under construction. Current inspection rates from private engineering firms vary from $75/hour to $125/hour. Staff believes 0 3'7 ITEM NUMBER: A- 10 DATE: 02/12/2002 that a temporary part-time inspector would give the City better project oversight and cost the City about $35/hour to $55/hour. • The roads being designed for rehabilitation are shown in the table below: List of Streets to be Designed for Rehabilitation Curbaril—El Camino to Atascadero Ave. El Camino Real- Santa Rosa to Viejo Camino El Camino Real—Morro Road to Rosario West Mall—El Camino Real to Capistrano Capistrano—West Mall to Sycamore Sycamore—Capistrano to Curbaril San Anselmo-Ardilla to El Camino Real Ardilla— San Anselmo to Portola Santa Lucia—Ardilla to Santa Ana Portola Road— San Marcos to Morro Road San Gabriel—From midway between San Marcos and Santa Lucia to San Marcos FISCAL IMPACT: EXPENDITURES Design Services $96,590 • Construction Services (Paving Inspection, Compaction Testing, 536,985 Gauge Correlation, Asphalt Mix Tests) Construction Staking and Surveying $10,000 Inspection (Provided by Temporary Part-time Employee) $50,000 TOTAL PROJECT EXPENDITURES $1939575 REVENUES Curbaril Overlay 11 (Fund 265) $120,000 San Fernando Road Overlay $217,800 2002 Road Rehabilitation Projects (Fund 265, Fund 310) $494,000 2003 Road Rehabilitation Projects (Fund 281, Fund 262, $850,000 Fund 265) TOTAL PROJECT REVENUES 51,681,800 • BUDGET REMAINING FOR CONSTRUCTION S1,488,225 033 CONSULTANT SERVICES AGREEMENT • This agreement is made upon the date of execution, as set forth below, by and between Pavement Engineering Inc., a Corporation, hereinafter referred to as "Consultant", 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 terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Consultant shall determine the method, details and means of performing the above-referenced services. Consultant may, at Consultant's own expense, employ such assistants, as Consultant deems necessary to perform the services required of Consultant by this agreement. City may not control, direct or supervise Consultant's assistants or employees in the performance of those services. is 1.03 COMPENSATION: In consideration for the services to be performed by Consultant, City shall pay and Consultant shall receive therefor compensation in a total sum not to exceed $96,590 for design services and approximately $36,985 for inspection services, and as set for in "Exhibit B". Progress payments shall be made on a monthly basis based upon hours of work performed as invoiced by the Consultant with monthly payments not to exceed $ (85% of Total Design Fees) prior to 90% submittal; $ (95% of Total Design Fees) prior to 100% submittal; and $ (100% of Total Design Fees) at Opening of Bids 2.00 OBLIGATIONS OF CONSULTANT 2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: Consultant agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. • U:\mtcrgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 0 • 2.02 TOOLS AND INSTRUMENTALITIES: Consultant shall provide all tools and instrumentalities to perform the services under this agreement. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Consultant intend and agree that Consultant is an independent Consultant of City and agrees that Consultant and Consultant's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Consultant agrees to provide worker's compensation and other employee benefits, where required by law, for Consultant's employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Consultant and Consultant's employees or agents. 2.04 INDEMNIFICATION: Consultant hereby agrees to, and shall, hold City, its 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 Consultant's or any of Consultant's employees' agents' negligent operations, errors and omissions, be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows: • a. That the City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Consultant 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 negligent operations of Consultant or any agent or employee of Consultant regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE: Consultant shall not commence work under this contract until s/he shall have obtained all insurance required under"Exhibit C". 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant's duties under this agreement. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this • agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEi.doc 091 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This • agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 4.01; (5) End of the contract to which Consultant's services were necessary; or (6) Assignment of this agreement by Consultant without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on December 31, 2003 unless extended as set forth in this Section. The City, with the agreement of the Consultant, 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. 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 new 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 Consultant to any person or entity. Any assignment or attempt to assign by Consultant, 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. 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing 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 U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEZ.doc 092 ^2 • 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: (Department) B. Pavement Engineering, Inc 1301 Rand Street, Suite D Petaluma, CA 94954-1139 • Attention: Paul R. Curren 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 inure 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. 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 sate 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. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 0193 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 party shall not apply in the interpretation of this agreement or any amendments of 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. Executed on 200_, at Atascadero Attest: CITY OF ATASCADERO By: Marcia McClure Torgerson Wade G. McKinney City Clerk City Manager Approved as to form: • By: Roy Hanley Consultant City Attorney • U:\mtorg_rson\M.. Documents\Contracts\Pending Contracts\Contract w PEI.doc 9 4 Exhibit A • DESCRIPTION OF SERVICES The project includes performing structural pavement evaluation including deflection testing; development of pavement rehabilitation strategies; developing plans, technical specifications and estimates, and providing contract support and inspection services for two separate pavement rehabilitation projects; Spring/Summer 2002 and Spring/Summer 2003. The candidate project streets are as follows: Curbaril — EI Camino to Atascadero Ave. EI Camino Real — Santa Rosa to Viejo Camino EI Camino Real — Morro Road to Rosario West Mall — EI Camino Real to Capistrano Capistrano —West Mall to Sycamore Sycamore — Capistrano to Curbaril San Anselmo —Ardilla to EI Camino Real Ardilla — San Anselmo to Portola Santa Lucia —Ardilla to Santa Ana Portola Road — San Marcos to Morro Road San Gabriel — From midway between San Marcos and Santa Lucia to San Marcos The City has allocated approximately $1,500,000 for construction of these projects. Delivery of the 100% complete Contract Documents for the 2002 project will be by May 1, 2002 and the 2003 project will by September 1, 2002. PEI's project approach and scope of work is outlined below: Task 1 - Pavement Evaluations Including Deflection Testing for Pavement Design PEI will perform deflection testing and analysis on the identified overlay candidate streets. The deflection analysis will be performed in general accordance with California Test Method 356 (CTM 356). Deflection tests will be performed at 100-foot maximum intervals in each lane (minimum of 10 tests per lane). Coring will be performed at 500-foot maximum intervals over the street segment (minimum 2 cores per street segment). One sample of native soil will be collected from each street and an R-value determined for design purposes. Traffic control will be provided using a follow vehicle with a towed arrowboard. Flagging will be provided as needed. The City of Atascadero will provide the traffic index information. Rehabilitation options to be investigated will include milling and filling, conventional asphalt concrete overlay and ARHM overlays. The deflection testing and coring data will be included in the project development binders for • each street. No formal deflection testing report will be prepared. The pavement evaluation information will be compiled into binders and submitted to the City U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 095 Exhibit A during reviews and at the completion of the project. • Task 2 - Determine Rehabilitation Strategy and Finalize Project Street Lists Using the results of the pavement evaluation tests, PEI will prepare rehabilitation strategies and preliminary budgets for each candidate street. Once the budgets are prepared, PEI will meet with City staff to review their findings and select a rehabilitation strategy for each street. During the meeting, PEI will work with the City to finalize a street list for each year's project based on priority/need and within the approved budget. PEI anticipates exploring preventative maintenance options such as localized digouts and slurry seals, where appropriate, to maximize the amount of pavement rehabilitated within the City's budget. Task 3 - Perform all Field Surveys necessary to design the project All field quantities of physical elements to be incorporated in the rehabilitation work of each street will be field measured using a measuring wheel and recorded, by station, on a field form developed by PEI for this purpose. This information will include location, limits and quantities of existing striping, pavement markers and paint markings; location of all structures (water values, manhole, monuments, etc) and improvements which may be pertinent; limits of paving transitions, digouts, and other pavement repairs; and total area of pavement. Roadside drainage has been identified as a concern for this project. Care will be • taken to maintain any current drainage patterns and provide improvements as possible. Since many of the project streets have no underground drainage facilities, care will be given to maintain the current drainage patterns. Drainage improvements will be implemented were constrains and budgets allow. Each driveway interface will be reviewed and evaluated to determine the type of transition and how the drainage pattern will be maintained or improved. During their field review, PEI will identify any concrete repairs or tree root damage. This work will be located and measured for inclusion in the contract. Detailed elevations will not be developed at this time. The existing striping is to remain unchanged. If changes to the striping patterns are desired, the City will be responsible for providing revised striping plans to PEI for inclusion into the plans. Task 4 - Preparation of Plans, Technical Specifications and Cost Estimate All field quantities will be compiled into individual engineer's estimates by street segment. A summary spreadsheet of the entire project will be provided. Technical specifications will be drafted and details for typical sections, • transitions, driveways, keycuts, digouts, and additional pavement work will be U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 0 9(? Exhibit A • prepared. Any portions of the maintenance work which require further clarification will be submitted in the form of drafted plan views, details, elevations, or cross sections, as is necessary. All such details are anticipated to be 8-1/2 x 11 in size and will be bound into the specification package. This information will be submitted to the City at the 90% design review. After review of the 90% submittal, PEI will meet with the City staff to resolve any outstanding issues and will adjust the plans and technical specifications accordingly. Exceptions to this approach will be plans within Caltrans right-of-way. The City will obtain all necessary Caltrans permits. Design work on Curbaril and San Anselmo will terminate on either side of the Caltrans ROW line. Should the City need plans that conform to Caltrans standards, additional fees will be required. Task 5 - Bidding Process Support Services After the final submittal, PEI will be available to answer any specific questions from the City concerning the design. Should the need arise, PEI will prepare an addendum as required. In addition, PEI will also be available for help with questions from the contract administration personnel or from contractors during the bidding process. • Task 6 - Construction Support Services The City will provide all construction management (CM) and resident engineering (RE) services. PEI will be available to review of submittals, requests for information (RFI) and change orders on an as needed basis. During paving, PEI will provide laydown inspection including thickness control and monitoring placement. Compaction tests using a nuclear gage will be performed on overlay streets. In addition to paving inspection, PEI will include quality assurance testing of the asphalt concrete materials. For the overlay quality assurance work, PEI will collect asphalt concrete samples and perform mix design tests. Asphalt concrete mix design tests include determining the following: Stability (CTM 366), LTMD (CTM 308), Rice Gravity (ASTM D2041 and Oil Content (CTM 392). One set of mix tests prior to paving and one set of tests per paving day or 1,000 tons will be conducted. PEI will also perform gauge correlation tests using cores to correlate compaction results. All inspection staff will be paid based on the current prevailing wage rates for an • inspector. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEZ.doc Exhibit A PROPOSED WORK SCHEDULE • Project Administration This work includes a kick-off meeting with City staff to confirm the scope of work, schedule, budget and availability of project documents; review project goals; discuss format of deliverables; and clarify the responsibilities of each party. Progress meetings will be arranged to review the work at critical stages such as defining the type and cost of rehabilitation scenarios and development of finalized project lists. PEI will submit design documents at the 90% completion stage. After the 90% percent review by the City, PEI will meet to discuss comments with City staff. Proposed Schedule The following proposed schedule allows for 1 week review periods by the City after submittal of 90% complete contract documents. PEI will submit contract documents 5 working days after receiving the City's 90% review comments. 02/18/02 Receive Notice to Proceed from City. 02/19/02 Kick off Meeting. 02/19/02 Begin Pavement Evaluations and prepare preliminary cost estimates for City review. 03/11/02 Meet, Review and Approve rehabilitation strategies and program street lists with City Staff. 03/12/02 Begin Field Surveys and Preparation of Plans, Technical Specifications and Cost Estimate. 04/08/02 Submit Spring/Summer 2002 Overlay Plans, Specifications and Estimates(90% Complete)to City. 04/18/02 Meet and Review comments of Spring/Summer 2002, 90% submittal with City staff. 04/24/02 Submit Spring/Summer 2002 Overlay Plans, Specifications and Estimates(100% Complete)to City. 04/29/02 Submit Spring/Summer 2003 Overlay Plans, Specifications and Estimates(90% Complete)to City. 05/06/02 Meet and Review comments of Spring/Summer 2003, 90%submittal with City staff. 05/13/02 Submit Spring/Summer 2003 Overlay Plans, Specifications and Estimates(100% Complete)to City. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc Exhibit B • CITY OF ATASCADERO PROPOSAL FOR ENGINEERING SERVICES FOR SPRING/SUMMER 2002 and SPRING/SUMMER 2003 ANNUAL OVERLAY PROGRAMS PLANS, SPECIFICATION AND ESTIMATES PROPOSAL FEE & FEE BREAKDOWN Pavement Engineering Inc.'s fee for the work is based on their understanding of the limits of this project as described in the referenced RFP, Pre-proposal meeting and discussions with City Staff. The estimated fee for the total project, including all field work, design work, contract document development and inspection services up to completion of the project, will be $133,575. The fee includes answering questions during the bid process and preparation of Addendum if necessary. Their fee also includes up to 4 public meetings to present and discuss their findings and recommendations. This fee does not include Power Point presentations and additional meetings will be invoiced on a time and material basis. The attached proposal conditions apply. Their fee is based on a $1.7 million overlay project. Changes in scope may result in additional fees. • The following Breakdown shows their projected costs for each portion of the project. Their proposal is based on a lump sum fixed fee for Tasks 1 through 5. The fee for Task 6 will be finalized after the bidding process of the contract documents is complete. The individual fees associated with each task will serve as guidelines for progress payments: Task 1 - Pavement Evaluations Including Deflection Testing for Pavement Design Description No. of Hours Rate Total Principal Engineer 20 $150 $3,000 Associate Engineer 10 $120 1,200 Engineering Technician 11 $ 85 935 Dynaflect (100 foot intervals) 20 $250 5,000 Coring (500 foot intervals) 20 $175 3,500 Traffic Control 40 $125 5,000 Flagman 40 $ 85 3,400 R-values (est. 11 @ $195) 2,145 Per Diem (12 man days @ 125/day) 1,500 Mobilization 1,600 Task 1 - Fee: $27,280 • U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc C19 9 Exhibit B Task 2 - Determine Rehabilitation Strategy and Finalize Project Street Lists • Description No. of Hours Rate Total Principal Engineer 10 $150 $1,500 Associate Engineer 10 $120 1,200 Engineering Technician 10 $ 85 850 Task 2 - Fee: $3,550 Task 3 - Perform all Field Surveys necessary to design the project Description No. of Hours Rate Total Principal Engineer 16 $150 $2,400 Engineering Technician 230 $ 85 19,550 Survey Crew (2 man) 16 $210 3,360 Per Diem (24 days @ 125/day) 3,000 Task 3 - Fee: $28,310 Task 4 - Preparation of Plans, Technical Specifications and Cost Estimate Description No. of Hours Rate Total • Principal Engineer 24 $150 $3,600 Associate Engineer 98 $120 11,760 Engineering Technician 154 $ 85 13,090 Drafting 120 $ 75 91000 Task 4 - Fee: $37,450 Task 5 - Bidding Process Support Services Included in Task 4 Task 5- Fee: $0 Tasks 1 through 5 - Fixed Fee: $96,590* *Based on Street List Provided in Exhibit A Additional Meeting Attendance Will Be Invoiced on a Time and Material Basis. Task 6 - Construction Support Services • U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 100 Exhibit B • Description No. of Hours Rate Total Principal Engineer 10 hours $150/hour $1,500 Associate Engineer 10 hours $120/hour 1,200 Paving Inspection 12 days $950/day 11,400 Compaction Testing 12 days $950/day 11,400 Gauge Correlation Lump Sum --- 2,850 Asphalt Mix Tests 11 tests $785/test 8,635 PEI's paving inspection and quality assurance control fees are provided per day and include per diem and mileage charges. Overtime will not be charged. All PEI testing will be billed according to the attached lab fee schedule. The outlined level of effort is estimated based on the currently defined scope and assumes a 6 week construction period with 12 paving days. PEI will provide the above services on an as needed basis. PEI will invoice the City for these services on a time and materials basis at the attached rates. At the City's option, additional services can be provided at the attached fee schedule rate. Task 6 - Estimated Fee: $36,985 • Total Estimated Project Fee: $133,575 The City of Atascadero must approve all additional work, in writing, prior to commencing work. • U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 101 Exhibit B PROFESSIONAL FEE SCHEDULE • Professional Services Senior r►ncipa ngineer $175/hr Principal Engineer $150/hr Senior Associate Engineer $140/hr Associate Engineer $120/hr Technical Services ResidentEngineer/Inspector $120/hr Engineering/Landscaping Technician $85/hr Inspector* $85/hr Draftsman $75/hr Clerical $55/hr Field Services yna ect* $250/hr Dynaflect Travel* $110/hr Coring/Sampling* $175/hr Traffic Control* $125/hr * Four (4) hour minimum including 2 hours travel Basis of Charges General Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price. The . quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Time and Materials Basis will be charged at the applicable hourly rates. The minimum hourly charges are one hour for office services and two hours for field services. Fees are charged in minimum increments of one-half hour. Services are charged portal-to-portal and may be subject to mileage charges. Regular working hours are the first 8 hours between 7 a.m. and 6 p.m., Monday through Friday, holidays excluded. Work requested or performed outside these parameters is subject to the following additional premium time charges: Engineers: $55/hr Technicians: $40/hr Miscellaneous Charges Per Diem Subsistence: $125/day Mileage: $.50/mile Travel Expenses, Equipment Rental, Reproductions, Testing (other than by PEI), Photographic Expenses and other Outside Services: Cost + 15% Payment Invoices will be submitted either semi-monthly or monthly and are payable upon receipt. Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Attorneys fees • or other costs incurred in collecting any delinquent amount shall be paid by the City. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 102 Exhibit B • PAVEMENT ENGINEERING INC. 20260 Skypark Drive Redding, CA 96002-9221 LABORATORY FEE SCHEDULE SOILS & AGGREGATES ' Moisture Content (ASTM C566, ASTM D2216, CTM 226) $ 30.00 each Plasticity Index (ASTM D4318, CTM 204) 95.00 each Plastic Limit (ASTM D4318, CTM 204) 55.00 each Liquid Limit (ASTM D4318, CTM 204) 55.00 each R-Value (ASTM D2844, CTM 301) 215.00 each Total Sieve Analysis (ASTM C136, CTM 202) 110.00 each Sieve Analysis, Coarse (ASTM C136, CTM 202) 50.00 each Sieve Analysis, Fine (ASTM C136, CTM 202) 70.00 each ' Sieve Analysis, Wash (ASTM C117) 45.00 each . Specific Gravity, Coarse (ASTM C127, CTM206, CTM 224) 45.00 each , Specific Gravity, Fine (ASTM C128, CTM 207, CTM 208) 65.00 each Cleanness Value (CTM 227) _ 110.00 each Sand Equivalent (ASTM D2419, CTM 217) _ 90.00 each Durability, Coarse (ASTM D3744, ASTM D4886, CTM 229) 110.00 each Durability, Fine (ASTM D3744, ASTM D4886, CTM 229) 110.00 each Crushed Particles (CTM 205) 65.00 each Cement Treated Base, Field Control (CTM 312) 225.00_each • Cement—Treated Base, Laboratory Control (CTM 312) 290.00 each Weight Per Cubic Foot, Loose (ASTM C29, CTM 212) 55.00 each Specific Gravity, Clay (ASTM D854, ASTM D422, CTM 209) 75.00 each Maximum Density Optimum Moisture Curve 160.00 each (ASTM D1557, ASTM D698, AASHTO T180) Maximum Density Optimum Moisture Curve, Check Point 85.00 each (ASTM D1557, ASTM D698, AASHTO T180) California Test Method 216 (CTM 216F, CTM 216G) 165.00 each , California Test Method 216, Check Point 90.00 each (CTM 216F, CTM 216G) Abrasion Resistance by Los Angeles Rattler (ASTM C131) 195.00/500 Revs ' Abrasion Resistance by Los Angeles Rattler (ASTM C535) 195.00/1000 Revs ' ' Soil Resistivity & pH for Estimated Pipe Life (CTM 643) 220.00 each Centrifuge Kerosene Equivalent, Fine (CTM 303) 85.00 each ' ' Centrifuge Kerosene Equivalent, Coarse (CTM 303) 70.00 each CONCRETE & MASONRY ( Moisture Content (ASTM C-566, ASTM D2216, CTM 226) $ 30.00 each '. ' Total Sieve Analysis (ASTM C136, CTM 202) 110.00 each '. Sieve Analysis, Coarse (ASTM C136, CTM 202) 50.00 each '. Sieve Analysis, Fine (ASTM C136, CTM 202) 70.00 each ', , Sieve Analysis, Wash (ASTM C117) 45.00 each' ( Specific Gravity, Coarse (ASTM C127, CTM 206, CTM 224) 45.00 each _Specific Gravity, Fine (ASTM C128, CTM 207, CTM 208) 65.00 each Absorption, Sand of Gravel (ASTM C127, ASTM 128) 45.00 each . is Weight Per Cubic Foot, Unit Weight (ASTM C29) 50.00 each ''. U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 103 Exhibit B Abrasion Resistance by Los Angeles Rattler (ASTM C131) 195.00/500 Revs ; • CONCRETE & MASONRY Cont. Abrasion Resistance by Los Angeles Rattler (ASTM C535) 195.00/1000 Revs Sand Equivalent (ASTM D2419, CTM 217) 90.00 each ' Cleanness Value (CTM 227) 110. 00 each ! Crushed Particles (CTM 205) 65. 00 each ' Laboratory Trial Batch (ASTM C192) 275.00 each ; Concrete Compression Test, 6x12 Cylinder 30.00 each ) (ASTM C39, CTM 520) Gunite Compression Test, In Basket Mold (ASTM C42) 45. 00 each ' Density of Concrete Cylinder, Unit Weight (ASTM C1084) 45.00 each : ' Concrete Core Compression Test (ASTM C42) 45.00 each : Compression Test, Mortar (UBC 24-22) 20.00 eachi Compression Test, Grout (UBC 24-48) 25.00 each ! Compression Test, Masonry Unit (ASTM C140) 50.00/set (3) 1!, Compression Test, Masonry Core (ASTM C42) 30.00 each Absorption & Moisture Content, i,asonry Unit (ASTM C140) 35,.00 each Compression Test, Grout Block Prisms (UBC 24-26) 50.00 each Flexural Strength, Concrete Beam (ASTM C78, ASTM C293) 70.00 each ASPHALT CONCRETE, AGGREGATE & MIXES Total Sieve Analysis (ASTM C136, CTM 202) $ 110.00 each !, Sieve Analysis, Coarse (ASTM C136, CTM 202) 50.00 each , Sieve Analysis, Fine (ASTM C136, CTM 202) 70.00 l Sieve Analysis, Wash (ASTM C117) 45.00 each ' Sand Equivalent (ASTM D2419, CTM 217) 90.00e c • Abrasion Resistance by Los Angeles Rattler (ASTM C131) 195.00/100 Revs Abrasion Resistance by Los Angeles Rattler (ASTM C535) 195.00/500 Revsl Film Stripping (CTM 302) 75.00 each ! Crushed Particles, Per Bin Size (CTM 205) 65.00 each ' Flat & Elongated Particles (ASTM_ D4791) 140.00 each , Determination of Asphalt Content of Bituminous 140.00 each ) Mixtures by Ignition Oven Method (CTM 382) Extraction, Percent Bitumen and Sieve Analysis 165.00 eachi (ASTM D2172, CTM 310, CTM 202) Unit Weight of AC Core Sample (ASTM D2726, CTM 308) 55.00 each 1l Unit Weight of AC Core Sample Paraffin Coated 60.00 each (ASTM D2726, CTM 308) Maximum Specific Gravity, Rice (ASTM D2041) 125.00 each, Unit Weight of Laboratory Compacted Sample 175.00/set (3) (ASTM D2726, CTM 304, CTM 308) 220.00/set (5) !; HVEEM Stability (CTM 366) 100.00/set (3) ! 130.00/set (5) ' Swell (CTM 305) 65.00/set ( 100.00/set (5) I • U:\mtorgerson\My Documents\Contracts\Pending Contracts\contract w PEI.doc 104 Exhibit B PROPOSAL CONDITIONS • 1. All work shall be performed utilizing common methods and practices of the civil engineering profession. Reports and construction documents will be signed by a registered civil engineer. 2. Fees for Lump Sum or Unit Price Proposals will be paid at the quoted price. The quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Time and Materials Basis will be paid at the applicable hourly rates of the PEI Fee Schedule in Exhibit A. 3. The proposal is based upon providing liability insurance with limits up to $1,000,000. 4. One copy of an Engineering Report or Plans and Specifications will be provided to the City. Additional copies are $35 each. 5. Payment: PEI will submit invoices at the completion of the work for Engineering Reports. PEI will invoice for inspection fees on a monthly basis. Invoices will be processed upon receipt. The City of Atascadero shall pay interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law) on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. The City shall pay any attorney fees or other costs incurred by PEI in collecting any delinquent amounts. • U:\mtorgerson\My Documents\Contracts\Pending Contracts\Contract w PEI.doc 105 Exhibit C INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries • to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be • received and approved by the City before work commences. U:\mtorgerson\My Documents\Contracts\Pend inc Contracts\Contract w PEI.doc 106 ITEM NUMBER: B- 1 DATE: 02/12/2002 all 1e79 Atascadero City Council Staff Report - City Manager's Office Proposition 42 Transportation Congestion Improvement Act RECOMMENDATION: City Council approve draft Resolution supporting Proposition 42 on the March 2002 ballot. DISCUSSION: The League of California Cities has asked each City to adopt a Resolution supporting Proposition 42 in the March election. The Proposition would require sales taxes on gasoline to be spent on • transportation projects like transit and roads. Attached is the staff report sent to the SLOCOG Board which also approved a Resolution. A letter from Chris McKenzie, Executive Director of the League of California Cities, including an information sheet and endorsement list, is attached. The League has also requested individuals to fill out the attached support form. FISCAL IMPACT: Potential new revenues for roads and transit. ATTACHMENTS: SLOCOG staff report Letter from Chris McKenzie Support Form Draft Resolution • 107 SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT 0 Qi -1100. Wes �X 11 e O 1tCQ�I k a Iil(� � ' a 41 rt k„ SUMMARY Attached is a resolution of support for ACA 4, which will be on the State ballot in March 2002 as Proposition 42 (the Transportation Congestion Improvement Act). If approved it will permanently dedicate the sales tax on fuel going into the General Fund for transportation purposes. This funding was temporarily dedicated (from 2000 to 2006) for this purpose with enactment of the Governors Transportation Initiative in 2000. It is estimated that a total of about $1.4 billion will be available annually for allocation under the provisions of ACA 4 beginning in 2008. This funding will be divided up four ways as follows: • 40% going to the State Transportation Improvement Program (STIP) • 20% to counties for road maintenance and rehabilitation • 20%to cities for road maintenance and rehabilitation • 20% to the Public Transportation Account (PTA)for rail and transit improvements Beginning in 2008, if Proposition 42 is approved the San Luis Obispo region (Cities, County, Transit • Providers & SLOCOG) will share a total of $13.85 million annually in new funding for all transportation purposes, distributed annually as follows: • $4.2 million to the County for road maintenance and rehabilitation $1.82 million to cities for road maintenance and rehabilitation • $7.08 million to SLOCOG programming in the Regional Trans. Impr. Program (RTIP) • $757,000 to SLOCOG, Cities and transit operators. Attached with this staff report is a listing of supporters for ACA 4 together with information provided by the Yes on 42 Committee explaining why it is needed. RECOMMENDATION: Staff: Approve Resolution of Support TTAC: Take to the Board for Policy Direction CTAC:Accept Staff Recommendation DISCUSSION If approved, Proposition 42 will permanently.dedicate the sales tax on gasoline that has been going into the General Fund to transportation purposes beginning in fiscal year 2003-04. This funding has been going to transportation purposes on a temporary basis since 2000 when the Governors Traffic Congestion Relief Plan (TCRP) was enacted into law. That program will no longer exist after the commitment to the Governor's Traffic Congestion Relief Plan (TCRP) is fulfilled beginning in 2008-09. Every year thereafter a total of about $1.4 billion will be allocated with 40% going to the State Transportation Improvement Program (STIP), 20% to counties for maintenance, rehabilitation, • reconstruction and storm damage, 20% to cities for the same purposes, and 20% to the Public Transportation Account(PTA) where it will be divided up with 50% going to the State and 50% to regions for allocation among the county, cities and transit agencies. 108 B-1-1 Based on funding reaching $1.4 billion by 2008-09, the STIP will receive about $560 million annually, counties and cities $280 each annually and transit $280 annually. Between 2000 and 2007 the • County of San Luis Obispo will receive about $5.7 million, with the cities sharing about $2.5 million. Beginning in 2008, if Proposition 42 is approved the County and Cities of the San Luis Obispo region will receive a total of about$4.3 million annually from the 40% directly allocated to cities (50%) and counties (50%) for street maintenance and rehabilitation. The individual shares will be as follows: Arroyo Grande $202,000/yr $4,045,000 in 20 years Atascadero $337,000/yr $6,747,000 in 20 years Grover Beach $166,0001yr $3,328,000 in 20 years Morro Bay $131,0001yr $2,632,000 in 20 years Paso Robles $316,0001yr $6,323,000 in 20 years Pismo Beach $108,000/yr $2,167,000 in 20 years San Luis Obispo City $560,000/yr $11,199,000 in 20 years San Luis Obispo Co. $4.2 million/yr $83.9 million in 20 years Based on existing statutes (AB 2928) which enacted the Governors Transportation Initiative into law, cities and counties are required to continue to expend an amount of local funds equal the average expended between 1998 & 2000 as a "Maintenance of Effort" until 2006. After that it is not required For the 40% allocated to the State Transportation Improvement Program (STIP), 25% will go to the Interregional Transportation Improvement Program (ITIP), and 75% to the Regional Transportation Improvement Program. From the RTIP funding the San Luis Obispo region will receive about $7 million annually for programming. For the remaining 20%, half will go to Caltrans to fund intercity passenger rail and feeder bus services, and half will go to Regional Transportation Planning Agencies (RTPA's). The funding allocated to RTPA's will then be sub-allocated,to the County, Cities and transit operators for transit capital and operations. Further, the Department of Finance has determined that the San Luis Obispo region will annually receive an additional $757,000 in transit related funding (State Transit Assistance) if Proposition 42 is approved. The bill also authorizes a one-year suspension of the revenue transfer from the General Fund to Transportation Investment Fund if the Governor issues a proclamation that the transfer would have a significant negative effect on the government functions supported by the GF, and the Legislature enacts a stand alone statute by a two-thirds vote in each house that suspends the transfer for one year. Further, it authorizes the Legislature to modify the allocation formula for the dedicated revenues through a stand alone statute passed by a two-thirds vote in each house. Following is specific language from the bill on this provision: (d) The transfer of revenues from the General Fund of the State to the Transportation Investment Fund pursuant to subdivision (a) may be suspended, in whole or in part, for a fiscal year if both of the following conditions are met: (1) The Governor has issued a proclamation that declares that the transfer of revenues pursuant to subdivision (a) will result in a significant negative fiscal impact on the range of functions of government funded by the General Fund of the State. (2)The Legislature enacts by statute, pursuant to a bill passed in each house of the Legislature by roll call vote entered in the journal, two-thirds of the membership concurring, a suspension for that isfiscal year of the transfer of revenues pursuant to subdivision (a), provided that the bill does not contain any other unrelated provision. (e) The Legislature may enact a statute that modifies the percentage shares set forth in subdivision (c) by a bill passed in each house of the Legislature by roll call vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision 109 B-1-2 and that the moneys described in subdivision (a)-are expended solely for the purposes set forth in paragraph (2) of subdivision (b). (4) To the counties, including a city and county, 20 percent of the amount remaining after the transfer required under paragraph (1),in accordance with the following formulas: (A) Seventy-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles that are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state. (B) Twenty-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bears to the total number of miles of maintained county roads in the state. For the purposes of apportioning funds under this subparagraph, any roads within the boundaries of a city and county that are not state highways shall be deemed to be county roads. (5) To cities, including a city and county, 20 percent of the amount remaining after the transfer required under paragraph (1). Fund transferred under this paragraph shall be apportioned among the cities in the proportion that the total population of the city bears to the total population of all the cities in the state. Staff report prepared by Mike Harmon • • 110 B-1-3 • SAN LUIS OBISPO COUNCIL OF GOVERNMENTS RESOLUTION OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 4 THE TRAFFIC CONGESTION RELIEF ACT OF 2002 (PROPOSITION 42) WHEREAS, ACA 4 (The Traffic Congestion Improvement Act of 2002) would permanently dedicate tax revenue on the sale of fuel currently going into the General Fund for transportation purposes at the State and local level; and WHEREAS, ACA 4 provides approximately $1.4 billion annually beginning in 2008 for transportation system maintenance, rehabilitation and improvements with no new taxes by dedicating existing gasoline sales tax revenues for transportation;and WHEREAS, 40% of the additional funding provided by ACA 4 will be directly allocated to cities and counties for local road maintenance and rehabilitation purposes of which jurisdictions in County and Cities in the San Luis Obispo region will share over$4.3 million per year; and WHEREAS,40% of the additional funding provided by ACA 4 will be allocated to Caltrans and Regional Transportation Planning Agencies for programming in their Regional Transportation Improvement Program (RTIP), from which the San Luis Obispo region will receive about $5.5 million per year; and • WHEREAS, 20% of the additional funding provided by ACA 4 will go to the Public Transportation Account (PTA) and used primarily to increase and improve intercity passenger rail services throughout the State and in the San Luis Obispo region; and WHEREAS,ACA 4 is based on the principle that taxes paid at the gas pump should be used for transportation purposes and would dedicate those funds for transportation purposes, and all projects will be subject to standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, more than six thousand bridges and overpasses throughout California do not meet highway design standards, and planned improvements to our bus and rail commuter systems lag behind schedule; and WHEREAS, the state's legislative analyst's office recommended-legislators come up with an additional,reliable and ongoing funding source to tackle California's ailing transportation system NOW, THEREFORE, BE IT RESOLVED, on this date of December 5, 2001, the San Luis Obispo Council of Governments officially declares its support for ACA 4, The Traffic Congestion Improvement Act of 2002. Katcho Achadjian,President A' PR)VED AS TO FORM San Luis Obispo Council of Governments Ave LEGAL EFFECT Attest: =` S. i_Ir�(�HOLUI,JR. • . UNSEL 0 JNTY Ronald L. De Carli,Executive Director San Luis Obispo Council of Governments M SAFER ROADS AND TRAFFic RELIEF • 1 Let's get moving again! December 2001 Dear Local Government Official, Please join the League of California Cities in supporting Proposition 42, the Transportation Congestion Improvement Act, on the March 5, 2002 statewide ballot. As you may already know, Proposition 42 would allocate a portion of the existing state sales tax on gasoline to cites and counties to be used for transportation improvements. Cites and counties combined will receive 40 percent of the Proposition 42 revenues. Twenty percent of will be earmarked for cites for local street repairs and maintenance. Twenty percent of the revenue will be earmarked for counties for local road repairs and maintenance. Another 20 percent is provided to public transit agenc;es, and the remaining 40 percent goes to the State Transportation Improvement Program (STIP), which is primarily composed of locally-identified projects. Proposition 42 is an important measure for all cities and counties as it would provide a much needed on- going reliable source of funding for our streets, roads and other local transportation projects. Proposition • 42 is especially important now as many local transportation sales tax measures are set to expire over the next few years. I hope that you and your council will join the League of California Cities and the Yes on Proposition 42 campaign coalition of law enforcement and transportation officials, business, labor unions and taxpayers in supporting this measure. Enclosed please find a sample support form and resolution. If you have any questions, please feel free to contact campaign coalition director Ted Green at (310) 996-2671 (tgreen@woodwardmcdowell.com) or campaign internal education director Jason Barnett at(650) 340-0470 (jbamett@woodwardmcdowell.com). Thank you for your consideration. Sincerely, Christopher McKenzie Executive Director, League of California Cities TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42 - A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS 11300 West Olympic Blvd.#840-Los Angeles, CA 90064.310/996-2671 -Fax 310/996-2673 111 Anza Blvd.#406-Burlingame, CA 94010-650/340-0470-Fax 650/340-1740 website:www.yesprop42.com-e-mail:info0yesprop42.com • SAFER ROADS AND TRAFFIC RELIEF Let's get moving again! SAFER ROADS TRAFFIC RELIEF - WITHOUT NEW TAXES Requires the gasoline sales tax-A TAX WE ALREADY PAY AT THE PUMP-be used to improve highways, local roads and mass transit. An annual audit of Prop. 42 funds will be required to help guarantee transportation projects get delivered on time and on budget. Improve Highway, Bridge and Street Safety California's once safe and beautiful highways are now the most deteriorated roadways in the nation, and growing less safe by the day. More than 6000 California bridges and overpasses are structurally deficient or no longer meet highway safety or design standards. Prop. 42 will provide desperately needed funds to help fix potholes and repair dangerous roads, highways, bridges, intersections and school routes- in every city and county in the state. Speed Up Traffic Relief and Mass Transit Projects Los Angeles has the most congested traffic in the country. San Francisco/Oakland is second, San Diego sixth, • and Sacramento, San Jose and San Bernardino/Riverside follow close behind. Prop. 42 guarantees gasoline sales taxes — taxes we already pay — will be used for transportation improvements. It will help speed up the delivery of planned traffic relief projects on highways and local roads, and expand local bus and commuter services, such as VTA in San Jose, Sacramento light rail, MUNI, Green and Blue lines in L.A., the San Diego trolley, BART, Caltrain, Capitol Corridor, Southern California's Metrolink, ACE, and the Coasters in San Diego. Create Jobs and Stimulate the Economy Speeding up transportation projects has the added benefit of creating thousands of new jobs in construction, engineering and related services — at a time when we need them the most. Every dollar spent on highway improvements generates about six times that amount in economic benefits. Join California Highway Patrol Commissioner Dwight Helmick, the California Police Chiefs Association, California Organization of Police and Sheriffs(COPS), California Fire Chiefs Association, California Office of Emergency Services Director Dallas Jones, California Taxpayers'Association, California State Automobile Association-AAA, Automobile Club of Southern California-AAA, California Transit Association, Transportation California, California Alliance for Jobs, California Taxpayer Protection Committee, California State Association of Counties, League of California Cities, California Chamber of Commerce, labor unions, seismic safety engineers, local and state transportation officials, seniors, commuters, transit riders, parents and many others. YES on PROP. 42 SAFER ROADS — TRAFFIC RELIEF — WITHOUT NEW TAXES TAxPAYERS FOR TRAFFIC RELIEF/YES ON 42•A COALITION OF TAXPAYERS,CONSTRUCTION,BUSINESS,LABOR, ENGINEERS AND COMMUTERS • 11300 West Olympic Blvd. #840• Los Angeles, CA 90064•310/996-2671 • Fax 310/996-2673 111 Anza Blvd.#406• Burlingame, CA 94010• 650/340-0470• Fax 6501340-1740 website: www.yesprop42.com . e-mail: info®yesprop42.com 112 i _ 3 SAFER ROADS AND TRAFFIC RELIEF Let's get moving again! ENDORSEMENT LIST (as of 1/25/01) CAMPAIGN CO-CHAIRS The Honorable Cruz Bustamante,Lieutenant Governor of California The Honorable John Dutra,Chair,Assembly Transportation Committee Bob Balgenorth,President, California State Building and Construction Trades Council Jim Earp,Executive Director,California Alliance for Jobs Dianne McKenna,Chair, California Transportation Commission Thomas V. McKernan,Jr.,President&CEO,Automobile Club of Southern California Allan Zaremberg,President, California Chamber of Commerce Police, Fire and Public Safety San Diego County Taxpayers Association California Highway Patrol Commissioner Santa Barbara Count-Taxpayers Association* Dwight Helmick Shasta Count-Taxpayers Association California Highway Patrol Commissioner Sonoma County Taxpayers'association M.J. Hannigan (Retired) United Californians for Tax Reform California Highway Patrol Commissioner Waste Watchers . J.E. "Jim" Smith (Retired) California State Office of Emergency Services Transportation and Highway Safety Director Dallas Jones Automobile Club of Southern California— California Association of Highway AAA Patrolmen* California State Automobile Association— California Fire Chiefs Association AAA California Police Chiefs Association California Transportation Commission California Organization of Police and Sheriffs California Association of School (COPS) Transportation Officials Structural Engineers Association of California Taxpayer Protection California Transit Association California Taxpayers'Association California Commuters Alliance California Taxpayer Protection Committee California Association of Councils of National Tax Limitation Committee Government Butte County Citizens for Better Government California Rebuild America Coalition Contra Costa Taxpayers Association California Association for Coordinated Fullerton Association of Concerned Transportation Taxpayers Citizens Alliance for Transportation Kern County Taxpayers Association Solutions Marin United Taxpayers Association Infrastructure Delivery Council Orange County Taxpayers Association Paratransit* TAXPAYERS FOR TRAFFIC RELIEFIYES ON 42-A COALITION OF TAXPAYERS,CONSTRUCTION,BUSINESS,LABOR,ENGINEERS Am COMMUTERS . 11300 West Olympic Blvd.#840- Los Angeles, CA 90064-310/996-2671 -Fax 310/996-2673 111 Anza Blvd.#406- Burlingame, CA 94010-650/340-0470- Fax 650/340-1740 website: www.yesprop42.com - e-mail: info@yesprop42.com 114 • Rail Passenger Association of California Sacramento Area Council of Governments RAILVOTE Sacramento Transportation Authority Self-Help Counties Coalition San Bernardino Associated Governments Womens Transportation Coalition* San Diego Association of Governments Metropolitan Transportation Commission San Diego Metropolitan Transit Development (Bay Area) Board Southern California Association of San Francisco Planning and Urban Research Governments Institute,Transportation Committee Alameda—Contra Costa Transit District* San Gabriel Council of Governments Alameda County Congestion Management San Joaquin Council of Governments Agency San Joaquin Regional Transit District Amador County Transportation Commission San Luis Obispo Council of Governments Association of Monterey Bay Area San Mateo County Transit District* Governments Santa Barbara County Association of Butte County Association of Governments Governments* California Association of School Santa Clara Valley Transportation Authority Transportation Officials,Chapter 1 (San Santa Cruz County Regional Transportation Bernardino County) Commission Community Transportation Agency(Galt) * Shasta County Regional Transportation Contra Costa Transportation Authority Planning Agency Council of Fresno County Governments Sonoma County Transportation Authority Eastern Contra Costa Transit Authority* Southern California Regional Rail Authority • Fresno County Transportation Authority Southern California Transit Advocates Glenn County Transportation Commission Stanislaus Council of Governments Golden Gate Bridge Highway and Tahoe Regional Planning Agency Transportation District Tulare County Association of Governments Humboldt Transit Authority Tuolumne County and Cities Area Planning Livermore/Amador Valley Transit Authority Council Madera County Transportation Commission Transportation California Marin County Congestion Management The Transit Coalition Agency* Ventura County Transportation Commission Mendocino Council of Governments Victor Valley Transit Authority Mendocino Transit Authority Western Contra Costa Transit Authority Merced County Association of Governments Modoc County Transportation Commission Local Government and Education Transportation Agency for Monterey County California State Association of Counties Monterey-Salinas Transit League of California Cities Napa County Transportation Planning California Association of School Agency Transportation Officials Nevada County Transportation Commission California Contract Cities Association North San Diego County Transit Regional Council of Rural Counties Development Board* Marian Bergeson,Former Member,California Orange County Transportation Authority State Board of Education Peninsula Corridor Joint Powers Board County of Alameda (Caltrain) * County of Amador RIDES for Bay Area Commuters County of Butte • Riverside County Transportation Commission 2 County of El Dorado * City of Colton* • County of Glenn City of Corona County of Humboldt City of Dana Point County of Kern* City of Del Mar County of Lake City of Desert Hot Springs County of Lassen* City of Diamond Bar County of Mendocino City of Duarte* County of Merced City of Escondido County of Orange* City of Fontana County of Plumas City of Fortuna County of Riverside City of Fremont County of San Bernardino* City of Fresno County of San Luis Obispo* City of Gilroy County of Santa Barbara City of Grass Valley County of Santa Clara City of Greenfield County of Santa Cruz * City of Hayward County of Shasta City of Hercules County of Siskiyou City of Hermosa Beach County of Solano City of Hesperia County of Tehama City of Hillsborough County of Trinity City of Hughson County of Tulare City of Kerman* County of Tuolumne City of Lafayette County of Ventura* City of Lakeport • County of Yolo City of Lemoore City of Adelanto City of Lincoln* City of Agoura Hills* City of Los Altos City of Antioch* City of Los Angeles Town of Apple Valley City of Loyalton City of Arcata City of Manteca City of Arroyo Grande* City of Marina City of Artesia City of Martinez City of Auburn City of Mill Valley City of Avenal City of Montclair City of Belmont City of Monterey City of Brawley City of Morgan Hill City of Brea City of Morro Bay City of Brentwood* City of Newman City of Burlingame* City of Novato* City of California City City of Oceanside City of Calimesa City of Pacifica* City of Canyon Lake City of Palm Desert City of Carmel-by-the-Sea City of Pismo Beach City of Chino City of Rancho Cucamonga City of Chino Hills* City of Redding City of Clayton City of Redlands City of Clearlake City of Rialto* City of Colfax City of Richmond • 3 ljb • City of R.idgecrest* Hon.Paul Gutierrez,Councilmember, City of City of Ripon Riverbank* City of Rolling Hills Estates Hon.Miriam Hawley, Councilmember, City City of San Bruno* of Berkeley City of San Leandro* Hon. Robert Jehn,Mayor, City of Cloverdale City of San Marcos * and Vice Chair,Sonoma County City of San Marino* Transportation Authority City of San Pablo * Hon. Kevin R.Jenkins,School Board City of San Rafael Member,Hanford High School District City of Sand City Hon.Maureen Kirk,Vice Mayor, City of City of Santa Ana Chico City of Santa Maria Hon.Valerie Matzger,Vice Mayor, City of City of Sonoma Piedmont City of Tulare Hon.Ameal Moore,Councilmember, City of City of Turlock* Riverside City of Upland Hon.Vern D.Moss,Supervisor,Madera City of Visalia* County City of Winters Hon. Rosalie O'Mahony, Councilmember, City of Yuba City* City of Burlingame City of Yucaipa Hon.Bill Overman,Supervisor, Siskiyou Town of Yucca Valley County American Public Works Association, Hon.Julie Pierce,Mayor, City of Clayton and Sacramento Chapter Commissioner, Contra Costa Transportation • American Public Works Association,San Authority Diego/Imperial Counties Chapter Hon.Jeffrey Prang,Councilmember, City of California Association of School West Hollywood Transportation Officials,Chapter 1 (San Hon. Richard Shoemaker,Supervisor, Bernardino County) Mendocino County Lake County/City Area Planning Council Hon.Joan Smith,Supervisor,Siskiyou Hon Tom Ammiano,Supervisor,City and County County of San Francisco Hon.Jose Solorio,Councilmember,City of Hon. Harry Armstrong,Councilmember, City Santa Ana of Clovis Hon.Tom Springer,Mayor,City of Gilroy Hon.Jim Beall,Supervisor,County of Santa Chris Stampolis,Chair,Planning Commission, Clara* City of Santa Clara Hon.David Cortese,Councilmember, City of Dr.David Stine,President,San Bernardino San Jose and Boardmember,Valley County School Board Transportation Authority Hon.Tom Stallard,Supervisor,Yolo County Hon. Kathleen DeRosa, Councilmember,City Hon. Gary Wyatt,Supervisor,Imperial of Cathedral City County Hon.Dan Donahue, Councilmember,City of Hon. George Zika, Councilmember, City of Vallejo and Board Member,Solano Dublin Transportation Authority Hon.Jose Esteves,Councilmember,City of Business, Labor, and Others Milpitas California Alliance for Jobs Hon. Ed Gallo,Councilmember,City of California Chamber of Commerce Escondido Associated General Contractors of California • 4 i17 1 California Business Roundtable Laborers International Union • California Conference of Carpenters Latino Urban Forum California State Council of Laborers Professional Engineers in California Consulting Engineers and Land Surveyors of Government California Transport Workers Union of America International Union of Operating Engineers, United Transportation Union Local Union 3 (Northern California) Building Industry Association of Southern International Union of Operating Engineers, California* Local 12 (Southern California) Northern California District Council of State Building and Construction Trades Laborers Council of California Southern California Contractors Association American Lung Association of California Structural Engineers Association of Southern Amalgamated Transit Union,California California Conference Board Adult Day Healthcare of Mad River American Council of Engineering Companies Amalgamated Transit Union,Local 1227 (Los American Fence Association,California Angeles) Chapter Anaheim Chamber of Commerce American Planning Association, California Apple Valley Chamber of Commerce Chapter Associated General Contractors of California, American Subcontractors Association San Diego Chapter California* Avignon Home Owners (Valencia) Asphalt Pavement Association Bay Area Council California Association for Local Economic Builders Exchange of Santa Clara County Development Carlsbad Chamber of Commerce California Building Industry Association Clovis Chamber of Commerce • California Business Alliance Construction and General Laborers'Union, California Business Properties Association Local 291 (San Rafael) California Cast Metals Association Consulting Engineers and Land Surveyors of California Cement Promotion Council California,Peninsula Chapter California Council for Environmental and Cupertino Chamber of Commerce Economic Balance Downey Chamber of Commerce California Dump Truck Owners Association El Centro Chamber of Commerce and California Fence Contractors Association Visitors Bureau California Grocers Association El Dorado Builders Exchange California Hotel&Lodging Association El Dorado Joint Chambers Commission California Moving and Storage Association Elk Grove Adult Community Training California State Association of Electrical Escondido Chamber of Commerce Workers Fairfield-Suisun Chamber of Commerce California Teamsters Public Affairs Council Fontana Chamber of Commerce California Travel Parks Association Fremont Chamber of Commerce California Trucking Association Greater Fresno Chamber of Commerce Construction Materials Association of Gilroy Chamber of Commerce California Hayward Chamber of Commerce Engineering and Utility Contractors Imperial County Building and Construction Association Trades Council Engineering Contractors'Association Industry Manufacturers Council Flasher/Barricade Association Inland Empire Economic Partnership • Laborers International Union,Local 220 San Diego Building and Construction Trades (Bakersfield) Council Laborers International Union,Local 270 San Diego Regional Chamber of Commerce (Santa Cruz) San Diego Regional Economic Development Laborers International Union,Local 294 Corporation* (Fresno) San Francisco Building and Construction Laborers International Union,Local 585 Trades Council (Ventura) San Francisco Chamber of Commerce Laborers International Union,Local 1082 (El San Leandro Chamber of Commerce Monte) San Leandro Industrial Roundtable* Long Beach Area Chamber of Commerce San Luis Obispo County Builders Exchange Los Altos Chamber of Commerce San Mateo County Economic Development Los Angeles Area Chamber of Commerce Association Los Angeles County Economic Development San Rafael Chamber of Commerce Corp. Critical Infrastructure Council Santa Ana Chamber of Commerce Los Angeles/Orange Counties Building& Santa Barbara Industrial Association Construction Trades Council Santa Clara Chamber of Commerce Marin Builders Exchange Santa Clara County Chambers of Commerce Greater Merced Chamber of Commerce Santa Clarita Valley Chamber of Commerce Milpitas Chamber of Commerce Santa Fe Springs Chamber of Commerce Mill Valley Chamber of Commerce Shasta Builders'Exchange Mountain View Chamber of Commerce Silicon Valley Manufacturing Group Nevada County Contractors'Association Simi Valley Chamber of Commerce Newport Harbor Area Chamber of Solano Economic Development Corporation . Commerce South Lake Tahoe Chamber of Commerce North Bay Council Sunnyvale Chamber of Commerce North Coast Builders Exchange (Santa Rosa) Tuolumne County Chamber of Commerce Oceanside Chamber of Commerce United Food and Commercial Workers Ontario Chamber of Commerce Union,Local 839 (Salinas) Orange Chamber of Commerce &Visitors Ventura Chamber of Commerce Bureau Ventura County Economic Development Orange County Business Council* Association* Otay Mesa Chamber of Commerce Victorville Chamber of Commerce Palm Desert Chamber of Commerce* Visalia Chamber of Commerce Plumbers and Steamfitters Union,Local 62 (Castroville) *=new listing Ready Mix Concrete&Aggregrate Producers Association of Kern County* Redondo Beach Chamber of Commerce Redwood City/San Mateo County Chamber of Commerce Greater Redding Chamber of Commerce Rialto Chamber of Commerce Greater Riverside Chamber of Commerce Sacramento Builders'Exchange Salinas Valley Builders Exchange San Bernardino Area Chamber of Commerce* SAFER ROADS AND TRAFFIC RELIEF1!mm PROP. 42 SUPPORT FORM Please complete this form, sign it (we cannot add your name to the supporting coalition without a signature) and fax or mail to the YES on 42 Campaign. I/We support Proposition 42 on the March 5, 2002 statewide ballot. You may add my/our name to your coalition list and may use it publicly. Name Title Organization Name Mailing Address City, State, Zip • Phone FAX E-Mail Address Authorized Signature Date Optional: Please add a personal quote describing why you/your organization supports Prop. 42. Please fax this form to Ted Green at 310-996-2673 or mail to: 11300 West Olympic Blvd. #840,Los Angeles, CA 90064 THANK YOU! 11/29 • TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42-A COALITION OF TAXPAYERS,CONSTRUCTION,BUSINESS,LABOR,ENGINEERS AND COMMUTERS 11300 West Olympic Blvd.#840-Los Angeles, CA 90064•310/996-2671 -Fax 310/996-2673 111 Anza Blvd.#406- Burlingame, CA 94010-650/340-0470-Fax 650/340-1740 website:www.yesprop42.com - e-mail:info®yesprop42.com DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO IN SUPPORT OF PROPOSITION 42 ON THE MARCH 2002 BALLOT WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and, WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and, WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San Francisco/Oakland second, San Diego sixth and Sacramento, San Jose and San Bernardino/Riverside following close behind; and, WHEREAS, with our neglected transportation system needing attention, California has the most deteriorated roads in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and, • WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future transportation needs; and, WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and, WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass transit systems; and, WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and, WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA SUPPORTS Proposition 42. • 101 On Motion by Council Member and seconded by Council Member the foregoing Resolution was adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO J. Michael Arrambide Mayor ATTEST: Maria McClure Torgerson City Clerk Approved as to form: Roy A.Hanley City Attorney III' 1w2