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HomeMy WebLinkAboutAgenda Packet 08/13/2002 �9$ CITY OF A TASCA DERO e CITY COUNCIL AGENDA TUESDAY, AUGUST 13, 2002 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t" Floor Atascadero, California INTERVIEW SESSION: 6:00 P.M. 1. Citizens Transportation Advisory Committee a. Interview and consider candidates b. Select, by ballot, one citizen for appointment REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with legal counsel - Existing litigation (Govt. Code Sec.54956.9 (a)) Environmental Center of SLO v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT 1 • 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 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 Councilmaytake 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. Conflict of Interest Code - Biennial Review ■ Fiscal impact: None ■ City Clerk recommendation: City Council adopt the Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero. [City Clerk] 2 2. City Treasurer's Report - May 2002 ■ Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for May 2002. [City Treasurer] 3. 2002-2003 Annual Spending Limit ■ Fiscal impact: None ■ Staff recommendation: City Council adopt the Draft Resolution establishing the annual spending limit for fiscal year 2002-2003. [Administrative Services] 4. Teen After-School Program - Agreement with San Luis Obispo County ■ Fiscal impact: $40,000.00 Revenue for FY 2002/2003 ■ Staff recommendation: City Council authorize the Mayor to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2002-2003. [Community Services] 5. California State Agency for Surplus Property - Authorization to Acquire Federal Surplus ■ Fiscal impact: Savings in acquiring desired equipment at a surplus cost. ■ Staff recommendation: City Council adopt draft Resolution renewing the City's eligibility in the federal Surplus Property Program and authorizing specific employees to acquire surplus property from the California State Agency for Surplus Property. [Fire] 6. EI Camino Real - Gravity Sewer Main Extension - Award of Contract for Construction ■ Fiscal impact: $1,442,497.00 with Budget Adjustment of $632,570.95 to be funded from the Wastewater Capital Projects Account (in FY 2001-03 Budget) ■ Staff recommendation: City Council 1. Adopt the Draft Resolution amending the Wastewater Capital Projects Budget for Fiscal Year 2002-2003. 2. Authorize the Mayor to execute an agreement with Specialty Construction, Inc. to construct the EI Camino Real — Gravity Sewer Main Extension at a maximum cost of $1,442,497.00. [Public Works] 7. 2002-2003 Annual Overlay Program - Bid No. 2002-007 ■ Fiscal impact: $1,734,380 in Total Project Expenditures (with Budget Adjustment of $52,580) ■ Staff recommendation: City Council 1. Authorize the City Manager to execute an agreement with R. Burke Corporation in the amount of $1,355,321.00 for construction of the 2002-2003 annual Overlay Program. 2. Authorize the Director of Administrative Services to appropriate an additional $12,580 from the Traffic Congestion Relief Fund and an additional $40,000 from the Local Transportation Fund for the 2002-2003 Annual Overlay Program. 3. Authorize the Director of Administrative Services to make any budget transfers necessary to come into compliance with AB2928 and any transfers necessary between the 2002-2003 Overlay Program Projects. [Public Works] 3 8. Community Development Block Grant Program - Fiscal Years 2003 through 2005 ■ Fiscal impact: Continued availability of approximately $245,000 annually during the next three years for CDBG-eligible programs ■ Staff recommendation: City Council adopt the draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2003 through 2005. [Public Works] 9. Final Parcel Map 2001-0019 (Parcel Map AT 01-342) [TPM 2001-00241 9635/9637 Santa Lucia Ave. ( Bissonnette/Wilson ) ■ Fiscal impact: None ■ Staff recommendation: City Council accept Final Parcel Map 2001-0019 (Parcel Map AT 01-342). [Public Works] 10. Final Tract Map 2002-0027 (Tract Map 2329) [TTM 990081- 8605 El Centro ( Charnley ) ■ Fiscal impact: None ■ Staff recommendation: City Council 1. Accept Final Tract Map 2002-0027 (Tract Map 2329); and, 2. Reject offer of dedication for Cascada Court and public utility easement without prejudice. 3. Accept 5-foot offer of dedication on EI Centro Road 4. Authorize City Manager to execute Subdivision Improvement Agreement. [Public Works] • B. PUBLIC HEARINGS: 1 . Road Abandonment #2001-0008 - Summary Vacation of an Unimproved Portion of Atascadero Avenue Colony Right-of-Way ( Dwayne Burbach, / Wilson Land Surveys ) ■ Fiscal impact: None ■ Planning Commission recommendation: Council adopt draft Resolution, thereby summarily vacating a portion of colony right-of-way near Atascadero Avenue and San Andres, as conditioned and subject to the appropriate findings. [Community Development] 2. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal impact: No direct fiscal impact. Contractor costs for abatement are recovered through assessments placed on property tax bills. ■ Staff recommendation: City Council adopt the draft Resolution, confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. [Fire] 4 C. MANAGEMENT REPORTS: • 1. City Council Meeting Minutes ■ Fiscal impact: Small cost savings in staff time and permanent record paper ■ Staff recommendation: City Council direct the City Clerk to list in the minutes all documents submitted by the public during Council meetings that are either read into the record or referred to in their statement, and file all the listed documents in the City Clerk's office. [City Clerk] 2. Atascadero Road Program ■ Fiscal impact: $50,000.00 to pave River Gardens and $6,000.00 to repair a hole in Amapoa Avenue (in Public Works Street Maintenance Operating Supplies and Contract Services accounts). ■ Staff recommendation: City Council 1. Receive an updated report on the Atascadero Road Program 2. Direct Staff to use the "Worst First Approach" on Local Road Rehabilitation Projects and to start on the roads of River Gardens and Amapoa Ave. [Public Works] D. 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 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) 2. Water Committees Council Member Clay 1. Air Pollution Control District (APCD) 2. City / Schools Committee • 5 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council • 2. City Clerk a. Designation of Voting Delegate - League of California Cities' Annual Conference ■ Fiscal impact: None ■ City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2002 and direct the City Clerk to inform the League of the designation. 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in'court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 1, Marcia McClure Torgerson the City Clerk of the City of Atascadero, declare under the, penalty of perjury that the foregoing agenda for the August 13, 2002 Regular Session of the Atascadero • City Council was posted on August 8, 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 8th day of August 2002 at Atascadero, California. Marcia McClure Torgerson, City Cler City of Atascadero • 6 City of Atascadero WELCOME TO THE ATASCADER0 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(not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). • TO HAVE ITEMS PLACED ON AGENDA 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. MEETING DATE: 08/13/2002 a 1918 * ® 1979 Atascadero City Council Report - City Clerk Marcia McClure Torgerson Citizens' Transportation Advisory Committee (CTAC) Interviews for Atascadero Delegate RECOMMENDATION: Council interview the two candidates and select, by ballot, one citizen for the Citizens' Transportation Advisory Committee. DISCUSSION: CTAC is an advisory committee to the San Luis Obispo Council of Governments (SLOCOG), a regional transportation planning agency for the County of San Luis Obispo. Atascadero, is represented on the CTAC by a delegate appointed by the City Council. The resignation of the Atascadero delegate Dennis Schmidt, on April 30, 2002, has created a vacancy. The City Clerk has posted a vacancy notice at City Hall and has solicited applications from the members of the public pursuant to State Law. Two applications were received and interview times have been established for each candidate. FISCAL IMPACT: None ATTACHMENTS: Mr. Schmidt's resignation Interview Schedule 2 Applications CTAC By-Laws 001 APR-30-102 TUE 14:08 'CCE 805-541-3137 TEL N0:805 54. 878 4020 P01 - - 30 A01 2002 City of Atascadero 6500 Palma Avenue Atescadero,CA 93422 Attn: City Clerk Subject: SLOCOG Citizens Transportation Advisory Committee (CTAC) Dear Clerk... Because of new commitments to law school, I have to step down from the City's position on SLOCOG's CTAC In leaving this position, l want to thank the City for giving me the opportunity to represent the community at this level, b 5com too+ Dennis Schmidt • 6675 Santa Rosa Road Atasoadero,CA 93422 46.8225 i G 0 2 INTERVIEW SCHEDULE CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (CTAC) Tuesday, August 13, 2002 — 6:00 p.m. Club Room 6:00 Terrence Hobson 6:10 Wilbert Jaeger 6:20 COUNCIL VOTES • 003 RECEIVED JUN 14 2002 APPLICATION FOR APPOINTMENT C CITCITY OF ATASY CLERK'S OFFICE OFFICE CITIZENS TRANSPORTATION ADVISORY COMMITTEE S NAME OF APPLICANT:7AR,!�;t/C,=1- S� RESIDE STREET ADDRESS: Cly: ZIP: RE IDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: 76� -- d -2 2.-- ,-5- - 37&64 BUSINE,S,S STREET ADDRESS: CITY: ZIP: f .S0 J U I S 63 i,S too 1. Are you a full-time paid officer or employee of local/state government(circle one)? NO YE If yes, ere position 2. Education: "�J t �. 676 3. Present occupation: 4. Membership in organizations'/:�?,95 A��� ��-� 5. Please describe why you areiolepapd in serving on this committee. (Use reverse side for any additional , information - 200 words maximum): y. - O �, 0/qE- V / LI-1 Y Rs -/if S ,t,Lvts / J OE v-- E 4_) C' st.�-s -48zc C &>D /c 12S 444 (mac' " P " rc 6. Please describe other community activities that you have been involved in. /r Cid C D /!�M-r� ' C C J ��v 7. Signature of applica 8. Date: — �L z 0 �Z 004 RECEIVED JUN 0.7 2002 CITY OF ATASCADERO APPLICATION FOR APPOINTMENT CITY CLERK'S OFFICE CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE NAME OF APPLICANT: RESIDENCE STREET ADD ESS: CITY: ZIP: RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: • A_I - 3"I 5 BUSINESSDRESS: CITY: ZIP: 3 9�� 1. Are you a full-time paid officer or employee of local/state government (circle one) NO YES If yes, where position 2. Education: A,s, ► �, ,���A� A Al `+ 3. Present occupation: _ 4. IeAbAm Membership in organizations 5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional ormation - 200 words maximum): 12 5 1� r� ,�JD�te 154OG II&E or Ez _ •v /rvQlrJ� div ru.J 6.Please describe other community activities that you have -been involved in. tQ11(1A 2640 rz- Signature of applicant: ate: c:) a J�� M D d/� �' s�ti tiC vl s is o 0,A/7-�' /��'� Tf��i✓ LClN � s �<< UJs j7 = 6637' DCiSr �f DIY 4AIP t-7 %mac.�.crs �Ar2��v e L ;'r 'f>�� G� rs�Z.� ��,C � �v'><'' � �1�•c�s pv�' — �',�" CA7 17' .5,9� 4(11 Q 13rs p�� L�� 1j4 FivsatP--S1:1 i? 6-0 --I�V/.S Di s US s�� 7 �> �' z v AM ���1/3t� 7'T�� r1Gp7"�s t�J,��tI-/ %�U�LL.r.�.— ��-L-�A�S F'•'�.f��''� /iV L 006 ADOPTED: June 6, 1985 RATIFIED: May 8, 1986 • AMENDED: May 20, 1992 AMENDED: November 4, 1998 CITIZENS TRANSPORTATION ADVISORY COMMITTEE BYLAWS 4Q FUNCTIONS The Citizens Transportation Advisory Committee (hereinafter referred to as "CTAC") serves as representatives of the general public. The functions of CTAC are as follows: A. To develop and forward recommendations on transportation policies and implementation. r B. To review and study existing transportation related affairs. • MEMBERSHIP Section 1: Regular Members. Sixteen (16) regular members, representing various public interests concerned with transportation, shall be appointed to the Citizens Transportation Advisory Committee (CTAC) by the Board of Supervisors, incorporated cities and the San Luis Obispo Council of Governments as follows:. N 'One appointed by the city council (7 members) N One appointed by each District Supervisor (5 members) N Four at-large, appointed by the San Luis Obispo Council of Governments, with emphasis placed on assurance of a balanced representation of user groups. Each regular member shall serve so long as the appointing body allows or until resignation. Vacancies shall be filled by the appropriate appointing agency. Each regular member shall have full voting privileges. Section 2: Technical Advisory Members. Representatives of government agencies, including but not limited to the agencies included as Appendix I herein, shall be advisory members to the Committee and shall receive minutes and agendas and have full rights of committee membership, • except that no Technical Advisory Member shall be permitted to vote on Committee matters. Section 3: Absences. Members shall be notified in writing after two (2) consecutive absences from regular Committee meetings. The Committee may recommend that the appointing entity drop a member from its rolls after three (3) consecutive absences upon a vote of two-thirds of the ,� active Committee membership. Section 4: Vacancies. Should a vacancy occur on the Committee by reason of resignation, disability, or otherwise, the original appointing entity shall then appoint a member to fill the vacancy. • OFFICERS Section 1: Officers. The officers of the Committee shall consist of a Chairman and Vice Chairman. A staff secretary will be provided to: 1. Keep the minutes of all meetings. 2. Give or serve all notices required by these Bylaws. 3. Prepare the agenda for all meetings. 4. Be custodian of Committee records. Section 2: Selection of Officers. The Chairman and Vice Chairman shall be chosen by majority vote of the regular members of the Committee. Secretarial services shall be provided by the San Luis Obispo Council of Governments. The selection of officers shall take place at the April meeting. Section 3: Term of Office. Officers shall serve for a term of one year. No elected officer shall serve more than two (2) consecutive one-year terms in any office. Section 4: Vacancies. When a vacancy occurs it shall be filled by an election at the next regular • meeting to follow such vacancy by a majority vote of the members present. Section 5: Duties of Officers. A. Chairman: 1. To preside at allmeetings of the Committee. 2. To call special meetings of the Committee in accordance with these Bylaws. 3. To see that all actions of the Committee are properly taken. 4. To appoint standing subcommittees. B. Vice Chairman: 1. To exercise or perform all the duties and be subject to all the responsibilities of the Chairman during the absence, disability, or disqualification of the Chairman. 2. To assist the Chairman in the conduct of Committee business. MEETINGS Section 1: Regular Meetings. A Regular meeting of the Committee shall be held at least prior to each SLOCOG Board meeting. Notice shall be sent to members stating the time and place of the meeting. A Regular meeting may be canceled or rescheduled by the Committee at any meeting. r Section 2: Special Meetings. The Chairman may call a Special meeting of the Committee, • provided written notice is given all members at least 24 hours in advance, proper public notice is given. Section 3: Quorum. A quorum shall consist of a majority of seated members of the Committee. No formal action shall be taken in the absence of a quorum, except to adjourn the meeting to a later date. Section 4: Agenda. Items for the agenda shall be provided to the Chairman by staff at least seven (7) days in advance of the meeting. The Chairman, at his/her discretion, may add matters of urgent business to the agenda. A written copy of the agenda for each meeting shall be given each regular and Technical Advisory member at least 48 hours in advance of a regular meeting. Section 5: Proceedings. In all matters, not otherwise provided for herein, all meetings of the Committee shall be conducted in accordance with Robert's Rules of Order, Newly Revised. tR0 i SUBCONMTTEES Section 1: The Chairman shall appoint the members and determine the duties of Subcommittees, as needed or directed by the Committee. • Section 2: Subcommittees shall make and submit recommendations to the full Committee for appropriate action. EFFECTIVE DATE Section 1: These Bylaws and any amendments shall go into effect upon the date of adoption by the San Luis Obispo Council of Governments. �. ' -- TEMUCAL ADVISORY COMMTTEE MEMBERS COUNTY ENGINEERING DEPARTMENT COUNTY DEPARTMENT OF PLANNING AND BUILDING STATE DEPARTMENT OF TRANSPORTATION • G09 1\.S1ocog_s cr_1Wo11\OVERACLWORKPROGRAM 1996.94.0100-AgemyAdminivruion'0200-Boud,Commin=Suppon\Advisory CommiucslCPAC18YV.WS.d0e QUESTIONS AND ANSWERS ABOUT THE CITIZENS TRANSPORTATION ADVISORY COMMITTEE WHAT IS THE CITIZENS TRANSPORTATION ADVISORY COMMITTEE? The Citizens Transportation Advisory Committee (CTAC) is an advisory committee to the San Luis Obispo Council of Governments (SLOCOG) - the region's designated Metropolitan Planning Organization. The functions of CTAC include developing and forwarding recommendations on transportation policies and implementation as well as the review and study of existing transportation related affairs. CTAC consists of sixteen (16) regular members, each of whom are representing various interests concerned with transportation. Each member has full voting privileges and shall serve so long as their appointing bodies allow or until they shall resign. HOW ARE REPRESENTATIVES APPOINTED TO CTAC? The 16 representatives are appointed to the committee by the Board of Supervisors, the seven • incorporated cities, and SLOCOG as follows: • One appointee from each city (seven); • One appointee from each Supervisorial District (five); • Four at-large appointees by SLOCOG, with emphasis placed on appointments to assure a balanced representation of user groups. WHO IS ELIGIBLE TO BE A CTAC CANDIDATE? Any person who is a resident of San Luis Obispo County is eligible to be a candidate for appointment to CTAC. • ITEM NUMBER: A- 1 DATE: 08/13/2002 VH 1918 q '_ i 1979 Atascadero City Council Report - City Clerk Marcia McClure Torgerson Conflict of Interest Code - Biennial Review RECOMMENDATION: Council adopt the Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero. DISCUSSION: • The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially(on the even years) to determine if it is accurate and, if needed, make any necessary amendments. The Conflict of Interest Code is a document that designates the positions within an agency that make or participate in making governmental decisions that may foreseeably have a material effect on any financial interest. The Code further sets out, in paragraphs called disclosure categories, the specific types of investments, business positions, interest in real property and sources of income that must be reported by the designated positions. The City Council,is the Code-reviewing body for the City of Atascadero. The Political Reform Act requires that this Council adopt any amendments no later than December 31, 2002. This Conflict of Interest Code pertains only to the designated positions listed in Exhibit A. The following officials are exempt from this Code as they are otherwise required to file disclosure statements pursuant to State Law under Govt. Code 87200: Council Members, City Treasurer, Planning Commissioners, City Manager and City Attorney. The City Clerk and the City Attorney have reviewed the current Code. The Fair Political Practices Commission (FPPC) informed the City Clerk that the City's Conflict of Interest Code may refer to the FPPC Regulations by section numbers instead of including the text of the regulations, as Atascadero has done in the past. This draft Conflict of Interest Code has been revised to reflect this recommendation. The proposed amendments to the Conflict of Interest Code incorporate the basic provisions irequired by Government Code Section 87302 and comply with FPPC regulations. The revised list contains a list of designated positions that make or participate in making governmental decisions. The recommended changes reflect the current staffing of the City of Atascadero. The ITEM NUMBER: A- 1 DATE: 08/13/2002 recommended new language is indicated by underlining and the recommended deleted language is indicated by str-ilreetA. No substantive changes have been suggested. • FISCAL IMPACT: None. ALTERNATIVES: The Code must be updated. The Council is free to add positions to the Code or to suggest any other changes, so long as the changes comply with the Political Reform Act. Changing the disclosure requirements is not recommended. It is important that the current positions are accurately described. ATTACHMENTS: Draft Resolution • . . i DRAFT RESOLUTION • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially(in even-numbered years)to determine if its accurate and up-to- date, or, alternatively,that the Code must be amended; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Resolution No. 2000-036, adopted on September 26, 2000, is hereby rescinded. SECTION 2. That the Conflict of Interest Code attached to this Resolution as Exhibit A be, and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: • AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: • Roy A. Hanley, City Attorney Exhibit A Draft Resolution City of Atascadero CONFLICT OF INTEREST CODE • OF THE CITY OF ATASCADERO The Political Reform Act, Government Code Section 81000, et. seg., requires state and local ;government ay-encies to adopt and promulgate conflict of interest codes The Fair Political Practices Commission has adopted a regulation. 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore the terms of 2 Cal. Code of Regs. Section 1.8730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and. along with the attached Appendix in which members and employees are designated and disclosure categories are set forth constitute the conflict of interest code of the City of Atascadero. Designated employees shall file their statements with the City, of Atascadero who will make the statements available for public inspection and reproduction (Gov. Code Section 81008) Statements for all designated employees will be retained by the City of Atascadero. SECTION 1 p..,.a.,Ji_T3i,Y.suant t, th- r�r, ;, ;n.,c Of'ri(Weii -Slee-ricirri 8 7:4-A. e l"«af ,t ) her-eby adopts the !�allawing- ✓ 9 Fovi ions of this Gode afe in addition.to those eontained in 'Vitle P. Fxeept as otherwise indioated, the definitions on4aified dl P,1 l Re 1 tAt Title 9,Chaff to ') f'tl� �r-, ni� i ('r, l --i;vr -rii-crit'—r-cr Cr��iiz-c—tc i zzcz ? Chapter'- c�rcit o v ernnient Gt de (Section 82000 et seq.) bPracticesGoininission (2 ilbmiu-C,Sd££ Regula6ons seetion .18 1.00 et seq.) and any ainendnients lo the Aet, of regulations are 4w-e,�. - herein and apply to this (-,ede. 14 is the pui:pese of t4iis Code to provide for-the diselesure of assets, and ii Rete, f designated z ting• in d that eonf7.et` f' t t nim-1, avoided. SECTION 2. Desianated Positions. The positions listed in Exhibit "A" e and employees deemed to make or- participate in the making of _ y .. Interest. Tkis Code does not establish ans; disclosufe obligation 1�ar- those individuals "ceifitclriGoverrmment-�ode seetion 97200; stieh persons afe eovefed by this, Code onl - for Elisqualifieation "designated employeesrS�sr'e-r1pplieable to:ii-1eh indiyidLtals. Consultants Polkieal ),aetiees Commission defines n er as an individual who. ,with a state or-local govemment ag (") Makes a goaternnientcal-tit eisi9n"bethef to, City of Atascadero Conflict of Interest Code 20002002 Page 2 r1 Appreve a fate, rule, or rea gtilation; • f7\ Adept o .,f„•..a a t.,,,, m4ifieat', , , ` uthefize the b provided it is the t5-pe .. b.. . y b J appr-oval and in whieh the ageney is a paFty a e > e+n. a guidelines for the ageney, or fer any subdivision thefeof-, of b eney and in that eapaeity per-fbFm`, the same or- substatAially all the sune duties for- the a J SECTION- _. assigned i b - designated bemployee's ' bus,iness Plositions, ifitefests in feal property and sowee 4 ineeme designated 11*" eategoiJz yassigned designatedSECTION-4. Plaee and Time Filim . 04 J�inal wi the 31 are fequir-ed to file statements of finaneial irAerests under- any othef v 1 -yepeftable in�ei-ests in beih jufisdietians., and file eapies 4 this expanded statement with entities in lieu of filing, separate and Elistinet statemerAs. Eaeh e�Epanded statement must beaf ofigig .. designated designated 1 0 days after the effeetive date of this Gode, diselosing j-4 erests held ineludinf the e4eetive date of this Cede, and ineeme r-eeeived dufing the twelve (12) menths pfier to the LETT.:etiye Elate of this (4A-e-. • appointed, ir-aflsl;ar-red to designated statemenis not mere �b '' City of Atascadero Conflict of Interest Code 20002002 Page 3 (e The fifst statement of financial interests filed by a designated em t4ie designated employee�s i-epoEtable in-vestments, business positions, and interests in reel-pfopeft-, as these investmen4s, positions, and interests in real pr-operly e?jjst as of the effeetj;,,e dale of this Code of the date the desii . A �Rated effiployee assumed office, N�4iiehever is later-, and income f!eeetve_' dh„-;, g the preceding twelv e (12) r< o the (4) -\�ual statements shall be filed by Mar-ek 30th of each year- by ll b employees or- .. investments,ll d designated business interests in real pfopert-y, and income held or received --+ any time dtifing,the previous eale"idaf or-since t4ae �. (g) Evety designated employee Av o lemes offiee Slfiall -file, Within 3(4 d;4y�' of 1pi­b office, a statement disclosing Fepor-table investmon s, business positions, intefests in feal _. and income held OF t-eeeived at any 9 ... .. L7 of the !as statement required to be f;le,d and the .l.,+e of le.,.,;.,,, office. 1 . D t is, net deemed to assume of leave office. provided that dUl-iRO appointment and Fesipation the individual does,not rnake. pa cipate in makitig, or use the posi t., ;.,t ccc any decision of the city ee11e oi- become entitled to receive any R)Iv off)" by.s-;-we of being appointed to the position. shallSECTION 5. Contents of Diselosure Staternents. Diselostife statement-,-, on foFms suppliedl, by the r;t„Gle- 's. Ake_and shall f ntai the Rall&.ying,i.,ll!„•,n„t;>, (a) Contents of InvestmeRts and Real Pr-opei4v Repofts. When an investment ot: an interesin real propei4y is Fequii-ed to be disclosed-,the statement shall eo!ltain! • (1) A statement of the nature of the in-vestment or-inteFest,. (2) The name 4 t4ie business entity in which each inwstment is held and a geiieral description 4the business activity; <z'•l�e business Lilly ;is & .-,. (4) A s4atement w4ie..._r the fair mat4iet value of the investment ..,te«esr t 1 • -;•era pr-epei4y equals dellaFs (I $10�000 ). whethef it exceeds ten thousand dollars ($10,000) but does not e:x one hun&-ed t4iousand dollars ($100,000 ) E)F whethef it exceeds one hunEh-ed thousand dollars ($100,000). Fof purposes of diselostire, "interest in real pfopef4y" does not include the pfincipal ., Of the designated employee , propeFty which the designatedemploy utilizes exclusively as the mpin,.e`ls personal r-esidence. Investments and intei:ests in real propefty whielihave a 4tir market value of less than fi 1,000) are net investnients and interest,-, in real pr-operty within the ineaning of the Political Reform A l4oweveF, investments or- inteFesis in real pfoperty of an individual include these held by the indivi"al's spouse and dependent children as well as a pre r-ala share of any n„t v.tere."t LT..CC�>-II ILLI�JL City of Atascadero Conflict of Interest Code 2-0002002 Page 4 in real prepeft�, of entity of trust in whieh the in.dividttal. spouse and depend • , aggregate,. ,diFeet, indireet oF beneficial interest of 10 pereent or a I is required to be diselosed tinder this Code of pufstiant to the Politieal Referni Aet-,the statement shall eontain: a a jallaFs ($2-50) or more in value, or fift�, dollafs ($50) or more in value if the ineeffie agift, and a (2) A statement whe;thei-the 'a highestease of a loan.,the , but did no! exeeed one thousand doliar-s (S 1,000), whether- it Aus in exeess of one thousand dot tar-S ($1,000) btA not greatef than ten thetisand dollars ($1.0,000), of whethef it was gl-eatff than ten thousand,lell ($1 n 000). I « ovemment7 0:330). That definition is attar ied hereto asiii ibil"G.- (3) A deseri . ' b , the name. address and business activity Of the- dOnOf <, t l' tl r 1, b.' b, tt, t l 1 4t• tt , t 1 r"nzci�i cciic`Tci rr`d�rrrcrrcnr Ti'Ns�`r� aai, es£r n oft,rxc�g; 9.3ik�}Emi�t or value and dale on -h—h awas � (5) in the ease 4 a loan. the annua4 interest rate and t4mie the-1f3an.ineeme of his or her spouse but does not include J J ..i-F . , a" ageney. employee's(e) Contents of Business When t4ie designated pro i-atashafe of ineeme to a business MeOffle IEE) a sole entity, a 7 statement shall n „tai„• address, and a general tion of the business J z of thebusiness entit-y-, n entity y the designated employee 's pro rata .,haf-e e�gi-oss receipts, fi-om sueh pet-seti was equal to or 4great tl,a., ten thousand doltars-(��.�i�)00) dutinn a ealendai,year; (3) ineome of a business entity is required to be fepofted only if the direet� indireet, or- benefieial interest of the designated employee and his or her spouse in the busine eHlitAy ag a, addition, for-putposes a , City of Atascadero Conflict of Interest Code 20002002 Page 5 aff`ee✓ - • (d) Contents of Business Position DiselesuTe. AN"hen positions are fequir-ed to fepoi4ed, the designated empleyee shall list the name and address of e..-"h business entity in whieli he or-she is a difveter, offieei* pai4ner,tr-ustee, employee, OF in WhiGh he OF she holds any position of b ateligiute o iliv< ve's Nv,Ativ. rltlt, 1 ✓ designated employee who does not use t-he travel sehedule shall diselose tffi-Vel y designatedis eleaf that the serviees pr-ovided to the ee were equal to of ` ivater in value dthe payments 14-the tfavel, as income. (f) Aeguisition of Disposal During a < ale.Hdaf. Y.ear. if any otherxise repeftable investment or- interest in real ✓ ✓ - acquired Ewb b. 'the statement.,tLstatement s1,.:11 t, ' the date of ae 't' disposal-. - .,.....uvaaavaaa ✓aiuti �.Vi1CCiiii Ci1L UUIL .. making, pal-Helpating in the making A oF �in anN waN using their offieial position to in�Auenee a gyo,E"+,G,1-1�'1�E.•�t••�7Tal decision Mien ien it is reasPZZLc�1;ar.seea 4+_- Chat diecti C-- —CRi S Jir-c';IC­ ffi l`'TI-'M atC.Y'YT.�'2 t CC LL AAAIIL i. of his UA her immediate family, oF on, (a) Any business entity in whieh the bnaied employee .,.....,.a.a worth Ch o..., thousand i..i ..aviiai_, ($1,000) of Auv1L: :wet4h one thousand uVii uiJ `.✓1, V V J VS more; (e.) Any souree of ineeine. othep than gifts and other than loans by a eommereial b institution in the Fegular eoitr-se of .. on tefms available to the publie Mthotq Fegard ofki`tl status,agg���.< two 1 :. 1 o,a G;4i<- dollars (4250) or a.. .. .a. 1 t,i, .i:1``ead t a t lV, r—ee i-4-1iCi pfofflised to 113 bMade-, 'y�o� -�� bemployee ]'ti ad employee tel; `eto�-offiee1'—�rkl��3f!�� ✓ il tFu 'e, empleyee, V holds uiT position V1111U31U`y'L111Llll. or or any gift -`+ - ,l; r}a may. t [S,t�a gifts (b SAL' b,t hundreddollars'"�J/2-�a// CTI—.i1Z efL1T`iZ-TrCTv 1"o'�4L?!'1 to-eeei V 171—pr-o isecl to die, designated eftiployee within twelve (12)ffienths-pr-iof to the titne 1014filein lh-e deeision is made. l20F_ptwPo._1"e`"f this section, indireet investment oF interest means 'inv inve4ment or- interest owned by the spouse or- dependent elmild elf a designated. employee, by an agent n behalf of-a designated ✓ ' by a business entity Of f-HUSt in Nkhieh the designated City of Atascadero Conflict of Interest Code-24"2002 Page 6 designated • employee's , and dependent ehildrendirectly,. beneficially 1 „ ten „t (101%) interest ., greater. r No designated employee shall be required to disqualiA, himself or her-Self With FespeCt to a-nN- matter vAiieh eould not legally be acted upon or dec-ide� lqi9 of her- partieipation. if a gally required to partieipate. —11— (2) describe ;Aith particularity the na�ure of the financial interest bef'oFe partmpatfrig-+H b making the deeision; (3) state the reason there is no alterriative soufee of deeision making atAofity; and (4) participate only a-, required by law where partieipation is legally required for the ageney El,,.*,..-',--' votingee who is a member of a body is needeto break a tie does not make his or her paftie.i.pation legally recitiked. A person is no,,legallyrequi to parkipate if it:weuld have been possible to 60n`Vefle a qt!ORH:F1 made tip of other-members of agency who afe not disqualified under Goverwrtent Gode Seetions 97100, w-heilvier or not sueli other rnembers are aettially present at the time of disqualifieation } alif6rnia Code of Regulations Seelion 18701). :fir- esignat@d employee oc,,,i fed to .ai�.,lctrri`p—z�iiiTr,`�elf o herself ;1,iTt-11 nett j. Git,� b _ Mana in the ease of a b City �voting , shall. made ,.,.t of the rit„ of ei.,l r r,l SECTION 7. Assistanee of the Commission and Counsel. An-- designated ernploy who is tinsure of his or her duties under this Gode may request assi tanee the l'air Poli Practices Commission pufstiant to Govemment Code Seetion 831 !4 or 4orn the aaofney for- his Of her ., provided that ng in !his on res e attemey or _ SECTION to issue anyformal Of ir4ermal apini—.. employees violating any provision of this Code are su-bjeet toLL11ZL��Z�ITCICCIRRi111 CT IZ mirialeiA:pc, 21000 9101,1.vil sarietions provided in the Politieal Reform 7 in addition. a decision in relation to which a violation of the disqualifiealion provisions of this Code or �4i (:'*rp,prm44:; iit Code Seetion 87100 at- 87,150 has oeetffed May be set aside as void pursuant to Governmen! Code Seetion 1 • !�' I City of Atascadero Conflict of Interest Code Z0002002 Page 7 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may • foreseeably have a material effect on financial interests: Designated Position:' Disclosure Category: Assistant City Manager 1 City Clerk 1 Technology Director 1 Public Works Director/City Engineer 1 Consultants 1 Community and-=eoji mie-Development Director I Redevelopment Specialist 1 Director of Community Services 1 Building Official/Fire Marshal 1 Planning Services Manager 1 Exempt Officials4 1 Administrative Services Director 1 Fire Chief 1 Police Chief 1 Members of all permanent City Commissions,Boards 1 and Committees not otherwise required to file Conflict of Interest Statements Fire Battalion Chief 2 Fire Captain 2 Police Lieutenant 2 Police Sergeant 2 Chief Waste Water Operator 2 Public Works Superintendent 2 Z In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. 3 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations. The City Manager may determine in writing that a particular consultant,although a"designated position", is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. 4 Exempt Officials include the Mayor, Members of the City Council, City Treasurer, Members of the Planning Commission, City Manager, and City Attorney, who are all otherwise required to file disclosure statements pursuant to State Law. • v� U City of Atascadero Conflict of Interest Code.00 02002 Page 8 • CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Desil4nated Persons in CatejZory "I" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer,partner,trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: (1) All investments in real property located within or subject to the jurisdiction of the City. (2) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. (3) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. 4 His or her status as a director, officer, artner, trustee employee, or holder of a position ( ) ,p of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. is City of Atascadero Conflict of Interest Code.10002002 Page 9 82030. INCOME. (A) "Income" means (except as provided in subdivision B): A payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the flier, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (B) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (a) Used to purchase, refinance the purchase of, or for improvements to, the • principal residence of flier; or (b) The balance owed does not exceed ten thousand dollars ($10,000). 022 City of Atascadero Conflict of Interest Code 210002002 Page 10 • (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading commission of the United States Government if the flier sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. • • ITEM NUMBER: A-2 DATE: 08/13/2002 -i7ja� v� s is e • � ISCAD�p// City Treasurer's Agenda Report David G. Graham, EA City Treasurer's Agenda Report RECOMMENDATION: Council approve the City Treasurer's report for the following period: May 2002 DISCUSSION: • The 2-year Treasury rate fell to 3.26% in May and, continued to decline in June to a low of 2.99%. The LAIF yield for May was 2.74% and fell slightly in June to 2.69%. With 74% of the City funds invested in this "liquidity portfolio", the decline in the LAIF yield continues to have a negative impact on overall City yields. The overall City yield in May was 3.23% (Non LAIF yield 4.76%) or 3 basis points below the 2-year Treasury yield for that month. The City investment policy goal is the 2-year treasury rate plus or minus 50 basis points. We remain within our investment policy goals. Market Conditions: The official numbers are now in and there is no longer any doubt that the economy was in an official recession for the bulk of 2001. In addition, it appears that the recovery is much less developed than previously thought. It appears that any economic rebound will not occur until late into the second quarter of 2003. Firms have actually begun to invest in technology again but the job market remains bleak and will probably remain so through the second quarter of 2003. No interest rate tightening is anticipated by the Feds until well into 2003. Investment Strategy: LAIF yields appear to be bottoming out and should begin a steady rise within the next 2-3 months. LAIF's guarantee of liquidity and mix of long and short-term maturities make it the preferred investment for short and medium term funds. Agencies and fully FDIC insured negotiable CDs offer safety, optimum yields and flexible liquidity for uncertain economic times. With some favorable earnings reports, corporate yields are now beginning to appear attractive for . a few carefully selected companies. U24 City Treasurer's Report May 2002 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 498,937 Money Market Accounts 391 Certificates of Deposit 3,778,620 Government Securities 1,748,719 Corporate Paper - LAIF 17,170,620 Cash with Fiscal Agents 142,956 . Cash in Banks at May 31, 2002 $ 23,340,243 Deposits in Transit - Outstanding Checks (222,726) Cash and Investments at May 31,2002 $ 23,117,517 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 05/23/02 Federal National Mort Assn Gov't Sec 250,000 05/23/07 Securities Matured: None Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Called Federal Farm Credit Bureau $ 250,000 $ 250,000 $ - 05/06/02 Government Security 06/28/04 Sold Federal Home Loan Bank $ 250,235 $ 251,440 $ 1,205 5/17/2002 Government Security 03/26/04 Other Reportable Activities: None • Page 1 of 11 U 2 5 CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF MAY 2002 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at May 1, 2002 $ 418,174 $ 21,928,514 $ 142,796 $ 22,489,484 Receipts 1,924,106 71 160 1,924,337 Disbursements (1,073,578) - - (1,073,578) Transfers In 800,235 1,570,000 - 2,370,235 Transfers Out (1,570,000) (800,235) - (2,370,235) Balance per Banks at May 31, 2002 $ 498,937 $ 22,698,350 $ 142,956 23,340,243 • Deposits in Transit - Outstanding Checks (222,726) Adjusted Treasurer's Balance $ 23,117,517 • Page 2 of 11 1 O O N O O O O O O O O O E. 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M. a a o o U ti W Q Q A Q Q Q A v v v c) u h 0 0 0 0 0 0 0 = c c c Rs ca CIS m co m E E E E E E E E > > i > > A ami ami ami ami ami o c o o O U U U U U U U C7 C7 C7 O U v] N O N N N N N O O O O O O O O O O O O '•V N vl W1O G1 l� 'V V r- O O O O N N O N N O O r- M O r N N e\+1 O O O O O O O O a a s L L U U o � y L bn oS CC � eC U m in m u U U CN G v1 G Mct C C1. C SO a cl z > o zA a M a x C'4 cq E a E en E en E (71N ® CIN W x vi = oo z ami U c C9 A ►oy N o � ho 1.o... r N-4p W •C vi C/1 F W M M M µ. M z M Pa .E c z o a c o at xt 3t :m v, a0+ O aLi GA °� vOi C E o`ln >, i �' L a. i .A •+�, .X O •x ?; O L b a di v1 O v1 v v] • o l a cd ee oo o v u u Q U U 6z U Lz U Lr. U E d d v) v) kn kn to W o 0 0 0 0 0 0 o O o 0 0 e h N � d M O1 C) d O C) N O N O N N O N N \ O \ A 0 0 0 0 o 0 0 0 0a30 h o OW) V) 110 o O M G1 C1 M 0 w In 00� V VCV h h rn � N N O Z ti 69 69 501 � • O y Ncli N N N a A v3 0 U � C) I _ W) t ca O 00 C\ L1 [� O U V ca N N U O (� � X Fi3 69 d4 >> .N .b O > O G. N ctf «S w h cC �O "t3lu h o. U � tiWM j � c .E (n Y o En w U U N C% C �O ti >O y Y U •��^, '� T3 >+ v C¢.., E O 0 O a A C y O � ° v Q Y RS O N U V y n1 '0 Q Q Q, co O N Y U v v wM t N oo O O O ti Y O a y 3 O � ' F a4 u Z ca 4 0 , U � FQ x oo w � y > a� c > o > C) j h M cl d u w u3 U Q -c w ¢ 3 U ;t4 H > City of Ataseadero Investments by Type • May 2002 Gov't Certificates Securities Other Cash with of Deposit 0�0 0% Fiscal 17% Agent 1% LAIF 74% Investment May 2002 LAIF $ 17,170,620 . Certificates of Deposit 3,778,620 Government Securities 1,748,719 Corporate Paper - Cash with Fiscal Agent 142,956 Other 391 $ 22,841,306 r Page 8 of 11 &-32 City of Ataseadero Investments by Maturity May 2002 One Month Within to One Year One to One Month 5% Five Years 1% 19% On Demand 75% Investment May 2002 On Demand $ 17,171,010 Within One Month 145,802 One Month to One Year 1,047,482 One to Five Years 4,334,056 $ 22,698,350 • Page 9 of 11 03-3 City of Ataseadero Investments by Custodial Agent May 2002 • Riverway RBC Dain Rauscher Trust Bank of 15% 0% New Penson Financial Corp. York City of 8% 1% Atascadero 0% ,- • State of California 76% Custodial Agent May 2002 State of California $ 17,170,620 Penson Financial Corp. 1,915,654 RBC Dain Rauscher 3,466,274 Riverway Trust 99,000 Bank of New York 142,956 City of Atascadero 46,802 $ 22,841,306 • F Page 10 of 11 3 4 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended May 31,2002 • 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% a'�ti Opp` Opp` Opp` Opp Opp` pp` Op'` Op'` Op`L pp`L 00`l. 00'L p0`L ti ti ti ti ti ti ti ti ti ti ti ti I ��c ,p2� ,oe� act act nor i� a��Q�eF O°�o e -City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield 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% January 2002 3.52% 3.03% February 2002 3.50% 3.02% March 2002 3.45% 3.56% April2002 3.33% 3.42% • May 2002 3.23% 3.26% Page 11 of 11 �✓ J ITEM NUMBER: A-3 _ DATE: 08/13/2002 1918yR a 1979 Atascadero City Council Staff Report - Administrative Services Department 2002-2003 Annual Spending Limit RECOMMENDATION: Council adopt the Draft Resolution establishing the annual spending limit for fiscal year 2002- 2003. DISCUSSION: • As part of the City's annual budget adoption process, the City's annual spending limit (Gann Limit) must be approved by the council. Staff calculates the new limit based on the formula set forth in Proposition 111. The limit was calculated as follows: A. Prior Year Spending Limit $10,692,801 B. Population Factor 1.0180 C. Inflation Factor 1.1106 D. Adjustment Factor (B*C) 1.1306 E. Total Adjustment (A*(D-1)) $1,396,480 F. Current Year Limit (A+E) $12,089,281 FISCAL IMPACT: None • ATTACHMENT: Draft Resolution ITEM NUMBER: A-3 DATE: 08/13/2002 DRAFT RESOLUTION • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING THE FISCAL YEAR 2002-2003 ANNUAL SPENDING LIMIT WHEREAS, Proposition 111 revises the methodology used to calculate the Annual Spending Limit; and WHEREAS, the City of Atascadero must select the most appropriate criteria to be used in calculating the annual limit; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero. Section 1. That the City of Atascadero elects to use the following criteria for fiscal year 2002-2003 in establishing its new Annual Spending Limit: County Population and Increase in Non-Residential Assessed Valuation due to New Construction Section 2. That the annual spending limit for 2002-2003 is calculated as follows: Fiscal Year Percentage Change New Limit • 2002-2003 13.06% $12,089,281 SECTION 3. Any judicial action or challenge must be commenced within 45 days of the effective date of this resolution. SECTION 4. Documentation used in determining the Annual Spending Limit is available to the public in the Administrative Services Department, Administration Building, 6500 Palma Avenue, Room 203, Atascadero, California. On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: • 63Y ITEM NUMBER: A-3 DATE: 08/13/2002 • ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney • • ITEM NUMBER: A-4 DATE: 08/13/2002 leis � '•. ■i 57-9 Atascadero City Council Staff Report — Community Services Department Teen After-School Program Agreement with San Luis Obispo County RECOMMENDATION: Council authorize the Mayor to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2002-2003. DISCUSSION: The City of Atascadero Department of Community Services currently conducts the Recreation, Education and Community (R.E.C.) program, a free after-school program for teens, on the campus of Atascadero Junior High School. This program provides free directed and supervised activities for Atascadero teens. The County of San Luis Obispo Department of Social Services has provided the funding for this program for the past two years. Previously, funding was provided jointly by the City of Atascadero and the Atascadero Unified School District. The attached agreement will continue the current funding arrangement for fiscal year 2002-2003. The City, County and the School District have several goals in providing the R.E.C. program, some of which include: ■ Increase school youth resiliency and potential for long-term success by providing effective after-school programs that promote critical development assets. ■ Provide a safe, accessible and affordable environment for these programs. ■ Increase school success with after-school support and the integration of challenging, positive experiences into the learning process. ■ Strengthen positive connections between youth and community through the integration of the public, private and non-profit sectors of the community including the arts, recreation, higher education and business. ■ Promote self-confidence, competency, and leadership through regular youth community services. ■ Improve the overall health of youth through prevention programming addressing gang and . violent activity, substance abuse, and overall health issues. ITEM NUMBER: A-4 DATE: 08/13/2002 ■ Limit the number of juvenile contacts with Law Enforcement during the after-school hours, a time when a majority of juvenile crimes occur. The County Department of Social Services (DSS) has again offered to provide forty thousand dollars ($40,000.00) in funding for the R.E.C. program during the fiscal year 2002-2003 to meet the desired outcomes. County DSS staff who participate on the Atascadero Youth Task Force sought these funds from the County in order to expand the R.E.C. program and because it may potentially increase the number of CalWORKS participants. Some Atascadero CalWORKS participants may have additional opportunity/incentive to work as an adequate and dependable supply of childcare and after-school programs are available. The programs providing safe directed activities for teens after school have helped contribute to increased work productivity for parents as well as decreased tardiness and absenteeism for the children. The City of Atascadero is not obligated under the terms of this agreement to verify any of the specifically stated desired outcomes. Specific performance measures have been established this year to monitor the success of the R.E.C. program. These performance measures are the following: 1. Pre- and post-tests for 50% of students attending and will demonstrate a 25% increase in developmental assets. 2. The R.E.C. program will serve 30 to 50 youth daily. 3. Positive connections between students and the community will be measured counting the number of community-based contacts made available, with a minimum of eight (8) contacts. 4. Female attendance will demonstrate a 10% increase from the previous year. 5. Reduce the number of after-school discipline or detention incidents by 10%. City of Atascadero staff will work closely with Atascadero Unified School District staff to monitor our progress toward achieving the above stated performance measures. FISCAL IMPACT: Revenue of $40,000.00. Approval of the proposed agreement with the County of San Luis Obispo will provide the City of Atascadero with $40,000.00 during fiscal year 2002/2003, to fund after-school recreation programs for teens on the campus of Atascadero Junior High School. ATTACHMENT: Draft Agreement between the City of Atascadero and the County of San Luis Obispo Department of Social Services. • G40 C045 2002 • CONTRACT FOR ATASCADERO AFTER SCHOOL PROGRAM COUNTY OF SAN LUIS OBISPO, DEPARTMENT OF SOCIAL SERVICES This contract, entered into by and between the County of San Luis Obispo, a public entity in the State of California, (hereafter"County") and the City of Atascadero, a public entity in the State of California(hereafter"Contractor"). WITNESSETH: WHEREAS, County has a need for after school activities and programs in the North County area, more particularly described on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Contractor is specifically trained, experienced, expert and competent to perform such special services. WHEREAS, this Contract is let in accordance with California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Section 23-600. NOW, THEREFORE, in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the parties agree as follows: 1. Retention of Services. County hereby engages Contractor to perform, and Contractor hereby agrees to perform for County, the services set forth on Exhibit A, attached hereto and incorporated herein by reference, all pursuant to the terms and conditions hereinafter set forth. 2. Compensation. Contractor shall be compensated by County for performing said services • in accordance with Exhibit B, attached hereto and incorporated herein by reference. 3. Effective Date &Duration. The effective date and duration of this Contract shall be as specified on Exhibit C, attached hereto and incorporated herein by reference. 4. General Conditions. Contractor and County shall comply with all provisions of County's General Conditions, a copy of which is attached hereto as Exhibit D and incorporated herein by reference. 5. Special Conditions. Contractor and County shall comply with the Special Conditions attached hereto as Exhibit E and incorporated herein by reference. In the event of conflicts between the provisions of the General Conditions and the Special Conditions, the provisions of the Special Conditions shall be controlling. 6. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: Leland Collins, Director Department of Social Services P.O. Box 8119 San Luis Obispo, CA 93403 and to the Contractor at: • C045 2002 J. Michael Arrambide, Mayor City of Atascadero • 6500 Palma Ave, Room 311 Atascadero CA 93422 IN WITNESS WHEREOF County and Contractor have executed this Contract on the day and year herein set forth below. CONTRACTOR City of Atascadero, a public entity in the State of California J. Michael Arrambide, Mayor Date City of Atascadero NOTARIZATION STATE OF CALIFORNIA ) SS COUNTY OF SAN LUIS OBISPO ) On before me, Marcia McClure Torgerson, a notary public in • and for the State of California, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Notary Public My commission expires C045 2002 • COUNTY OF SAN LUIS OBISPO COUNTY COUNSEL Approved as to form and legal effect. COUNTY COUNSEL JAMES B. LINDHOLM, JR. By: Dated: Deputy County Counsel COUNTY OF SAN LUIS OBISPO A public entity in the State of California By: Dated: Chair, Board of Supervisors • ATTEST By: Dated: County Clerk and Ex-Officio Clerk of the Board of Supervisors • 043 R.G.C. Program FY 02-03 VARIABLES #Rec Coor 1 #hours/Coor 35; #weeks/Rec Coor 49 Pay rate/Coord. 10 #Recreation Lder 2 #hours/rec Idr 18 #events/svc wkr 5 pay rate/rec Idr 6.25 #weeks/Rec Idr 0 EXPENDITURES Part Time Salaries $26,825.00 Program Coordinator= 17150 Recreation Leader(#hrs x#dys x 9675 payrate) Deferred Comp. $241.88 2.5% x part-time salaries Workers Comp $246.79 .920% compensation x part-time salaries= Medicare $388.96 1.45% compensation x part-time salaries= Postage $347.37 Printing $100.00 Office Supplies $100.00 • Communications Cell phone $350.00 $35/mo. X 10 mo.= Recreation Supplies $3,900.00 Food ($50/wk x 43 weeks) 2150 Video Rentals ($10/wk x 40wks) 400 balls, board games, etc. 1350 Contract Services $7,000.00 Transportation/Bus trip 500 Misc. Services, DJ's, Demo.s , etc. 1000 Special Clubs 5dys. X 32 wks x 4000 $25.00 Saturday Comm. Serv. Projects Coor. 1500 Travel/Conferences $500.00 Conferences, Workshops 500 Minor Capital Outlays $0.00 0 TOTAL GROSS EXPENDITURES= $40,000.00 Attachment A-1, page 1 of 1 • A4 • EXHIBIT A CONTRACT FOR ATASCADERO AFTER SCHOOL PROGRAM Services to be Performed 1. Scone of Services: Contractor agrees to provide a program at Atascadero Junior High School to keep junior high school students involved and engaged during the after school hours. The Recreation, Education and Community(R.E.C.) Program will include key components that focus on helping students improve performance in core academic subjects, address safety and at-risk factors and offer a variety of recreational opportunities in a supervised setting including sports and recreation, enrichment activities, homework and computer clubs, arts and crafts, leadership and community service opportunities. 2. Service Specifications: a. The R.E.C. Program will provide up to 5 part-time staff to serve 20 to 50 North County Junior High School aged students per week on weekday afternoons throughout the school year. b. The R.E.C. Program will begin immediately upon release of students from Atascadero Junior High School and continue until 5:00 pm. . c. Program staff will facilitate a group meeting and "hangout"time during which students may choose from a variety of program options designed to enrich and challenge. d. Measurements to determine Program success will include: i. Pre and post-tests administered to 50% of students attending will demonstrate a 25% increase in the 40 Developmental Assets for Youth. ii. Female attendance increase by 10%. iii. After school detentions will decrease by 10%. • Exhibit A, Page 1 of 1 045 EXHIBIT B CONTRACT FOR ATASCADERO AFTER SCHOOL • PROGRAM Compensation and Billing 1. Compensation: Prior to commencement of services, Contractor shall provide a valid, current taxpayer I.D. number to the San Luis Obispo County Auditor/Controller at: County Government Center, Room 300, San Luis Obispo CA 93408. County shall pay to Contractor as compensation in full for all services performed by Contractor pursuant to this Contract, the following sums in the following manner: a. County shall pay Contractor within thirty(30) days after the receipt of an itemized statement from Contractor required herein. The total payable under the terms of this Contract shall not exceed forty thousand-two dollars) ($40,000). b. Contractor agrees to apply the grant funds solely to the project for which the funds have been granted. It is agreed that in the event Contractor performs services which are not within the scope of the approved project, Contractor shall not be reimbursed for those services and that neither County, its officers or employees shall be liable for such expenditures. 2. Billing: Contractor shall submit to County, on a monthly basis, an itemized • statement of services performed during that preceding period. Statements from Contractor are due on the 10`h of each month. All fiscal reports and billing shall be submitted to Gladys Kintz, Fiscal Services Division, Department of Social Services, PO Box 8119, San Luis Obispo CA 93403-8119. The compensation shall be paid within thirty(30) days after the receipt of an itemized statement from Contractor. Additional data may be required at the direction of the State Department of Social Services. 3. Accounting. Contractor shall maintain accounting records in accordance with generally accepted accounting principles. The Contractor shall obtain the services of a qualified bookkeeper or accountant to ensure that accounting records meet this requirement. Contractor shall maintain acceptable books of accounts which include, but are not limited to, a general ledger, cash receipts journal, cash disbursements journal, general journal and payroll journal. Contractor shall record costs in a cost accounting system that clearly identifies the source of all costs. Contract costs shall not be co-mingled with other project costs, but shall be directly traceable to contract billings to the County. • Exhibit B, Page 1 of 2 046 The use of worksheets to produce billings shall be kept to a minimum. If • worksheets are used to produce billings, all entries should be documented and clearly traceable to the Contractor's cost accounting records. 4. Audits: All accounting records and supporting documentation shall be retained for a minimum of five (5) years or until any audit findings are resolved, whichever is later. Contractor shall safeguard the accounting records and supporting documentation. Contractor shall make accounting records and supporting documentation available on demand to the County for inspection and audit. Disallowed costs shall be repaid to the County. The County may require the Contractor's accounting records to be audited, at Contractor's expense, by an accountant licensed by the State of California. The audit shall be presented to the County Auditor-Controller within thirty(30) days after completion of the audit. • • Exhibit B, Page 2 of 2 047 EXHIBIT C CONTRACT FOR ATASCADERO AFTERS • SCHOOL PROGRAM Duration and Effective Date 1. Effective Date:Agreement shall be effective as of the date this Contract is signed by the Chair, Board of Supervisors, and that signatory shall be the last to sign. a. Because of delays that occurred in determining the governmental budget impacting this Contract, the Board of Supervisors signature date may be after July 1, 2002. The Board of Supervisors expressly intends that this Contract shall begin on July 1, 2002 and apply to all transactions on or after that date. 2. Service Date: Services shall commence on or after the effective date, and shall end upon the end of the duration date. 3. Duration Date: This agreement shall remain in effect from the effective date stated above until June 30, 2003. • Exhibit C, Page 1 of 1 048 EXHIBIT D • CONTRACT FOR ATASCADERO AFTER SCHOOL PROGRAM General Conditions 1. Status: a. Independent Contractor: Contractor is an independent contractor of the County. Nothing in this Contract shall be construed as creating an employer-employee relationship, partnership, or a joint venture relationship. Nothing in this Contract authorizes or permits County to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject of this Contract, provided always, however, that the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. b. No eligibility for fringe benefits: Contractor understands and agrees that they will not be eligible for membership in or any benefits from any County group plan for hospital, surgical, or medical insurance, or for membership in any County retirement or pension program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a County employee. 2. Warranty of Contractor: Contractor warrants that they will at all times be properly • certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 3. Conflicts of Interest: a. No officer, employee, director, or agent of the County shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Contract or the provisions thereof. b. Any County employee in civil service or with a direct contract with the County as an independent contractor or volunteer is not an eligible contractor under this Contract. c. Contractor shall not offer or transfer any property of any value to or on behalf of any employee, officer, director or agent of the County other than those compensations described in this Contract. d. Contractor shall not engage in any employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict or impair Contractor's ability to perform the duties described herein or give a public appearance of impropriety having the same effect. 4. Non-Assignment of Contract: Inasmuch as this Contract is intended to secure the specialized services of the Contractor, Contractor shall not delegate its obligations • under this Contract and shall not assign or otherwise transfer its rights under this Exhibit D, Page 1 of 7 0 Contract or any interest therein without the prior written consent of County. Any such assignment, transfer, delegation or sublet without the County's prior written consent shall be null and void. 5. Contractor's Facilities: Contractor shall obtain and maintain all appropriate licenses, permits and certificates required by all Federal, State and/or local laws, rules, regulations, guidelines, and directives for the operation of its facilities and for the provision of services hereunder. 6. Termination: a. Termination of Contract for Convenience of Either Party: Either party may terminate this contract at any time by giving to the other party thirty(3 0) days written notice of such termination. Termination shall have no effect on the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of said termination. b. Termination of Contract for Cause: If any of the following occur, County shall have the right to terminate this Contract effective immediately upon giving written notice to Contractor: 1) Contractor fails to perform its duties to the satisfaction of County; 2) Contractor fails to fulfill in a timely and professional manner its obligation under this Contract; or 3) Contractor, or its agents or employees, fail to exercise good behavior either during or outside of working hours that is of such a nature as to bring discredit • upon County. c. Power to Terminate Contract: Termination of the Contract may be effectuated by the Director of County Department of Social Services without need for action, approval or ratification by the Board of Supervisors. 7. Indemnification: a. Except as otherwise provided in subparagraphs two (2) and three (3) below, Contractor shall defend, indemnify, and save harmless the County, its officers and employees, from any and all claims, demands, damages, costs, expenses, judgments, attorney fees, or any liability arising out of out of this Contract or attempted performance of the provisions hereof predicated upon theories set forth below: 1) The theories referred to above are based on any of the following committed by the Contractor, or its agents,employees, or other independent contractors directly responsible to the Contractor: 1. Violation of statute, ordinance, or regulation. 2. Professional malpractice. 3. Willful, intentional or other wrongful acts, or failures to act. 4. Negligence or recklessness. 5. Furnishing or defective or dangerous products. 6. Completed operations. 7. Premises liability. Exhibit D, Page 2 of 7 650 8. Violation of civil rights. • 9. Violation of any Federal or State statute, regulation or ruling resulting in a determination by the Internal Revenue Service, California Franchise Tax Board, or any other California public entity responsible for collecting payroll taxes, that Contractor is not an independent contractor. 2) Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims resulting from the sole or active negligence or willful misconduct of County, provided however, this exception shall not apply to claims demands, damages, costs, expenses,judgments, or attorney fees arising from any design defects. 3) Nothing contained in the foregoing indemnity provisions shall be construed to require Contractor to indemnify County against any responsibility or liability in contravention of Civil Code 2782. 8. Insurance: Contractor shall procure the following required insurance coverage at its sole cost and expense and maintain in full force and effect for the period covered by this Contract such insurance. All insurance coverages are to be placed with are to be placed with insurers which (1) have a Best's rating of no less than B+VIII, and (2) are admitted insurance companies in the State of California. a. Professional Liability Insurance: Contractor shall maintain in full force and effect during the entire term of this Contract, professional liability "errors and omissions" insurance with limits of liability of not less than one million ($1,000,000.00) dollars per claim or occurrence to cover all services rendered by • Contractor pursuant to this Contract. Where `'claims made" coverage is provided, a tail of five (5) years shall be provided. If coverage is on a "claim made" basis, Contractor promises to maintain such coverage for five (5) years following completion of services provided hereunder. b. Comprehensive General Liability: Contractor shall maintain in full force and effect, for the period covered by this Contract, Comprehensive General Liability insurance with the following coverage: 1) Personal Injury and Bodily Injury, including death resulting therefrom. 2) Property damage 3) Automobile coverage, which shall include owned and non-owned vehicles. The amount of the insurance shall not be less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, property damage, and automobile coverage in the total amount of one million ($1,000,000.00) dollars. 4) The following endorsements must be provided in the policy: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Blanket contractual liability must be afforded and the policy must contain a cross liability or severability of interest endorsement. 4. The County of San Luis Obispo, its officers, employees and agents shall • be named as additional insured wider the policy. The policy shall provide that the insurance will operate as primary insurance. No other insurance Exhibit D, Page 3 of 7 effected by the County, whether commercial or self-insurance, will be called upon to a loss hereunder. • 5. Self-insurance can be substituted for a commercial policy, and the same provisions shall apply. c. Workers' Compensation Insurance: In accordance with the provisions of Labor Code Section 3700, Contractor, if Contractor has any employees, is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Contractor agrees to comply with such provisions before commencing the performance of the work of this Contract. d. The following requirements apply to all insurance provided by Contractor: 1) A certificate of insurance shall be furnished to County prior to the commencement of work. Upon request by County, Contractor shall provide a certified copy of any insurance policy to County within ten (10) working days. 2) Certificates and policies shall state that the policies cannot be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to County. Both the insurance company and Contractor shall have a one hundred (100%) percent responsibility and liability to provide notice to County. 3) Approval of the insurance by County shall not relieve or decrease the extent to which Contractor may be responsible for payment of damages resulting from Contractor's services or operations pursuant to this Contract. e. The parties expressly agree that the indemnification and insurance clauses in this Contract are an integrated part of the performance of this Contract. The compensation is this Contract includes compensation for the risks that are transferred to Contractor by the indemnification and insurance clauses. f. If Contractor fails or refuses to procure or maintain the insurance required by this Contract, or fails or refuses to furnish County with the required proof that insurance has been procured and is in force and paid for, County shall have the right, at County's election, to forthwith terminate the Contract. 9. Records: Contractor shall keep complete and accurate records for the services performed pursuant the Contract and shall make such records available to County upon request. Contractor and County shall ensure the confidentiality of any records that are required by law to be so maintained. 10. Social Laws: a. Nondiscrimination in State and Federally Funded Programs: 1) Prohibition. There shall be no discrimination against any person employed pursuant to this Contract in any manner forbidden by Government Code Section 12940 et seq. or any other law. Gender harassment is included in this prohibition as a form of discrimination. During the performance of this Contract, Contractor agrees that employment practices and administration of services shall be nondiscriminatory, to the effect that no person shall because of age, sex, color, disability, national origin, race, marital status, religion or political affiliation be excluded from participation in or be denied benefits of, or be otherwise subject to discrimination, under any program or activity . Exhibit D, Page 4 of 7 0 Z 2 receiving federal or state financial assistance. Contractor herby gives • assurance that it will immediately take any measures necessary to effectuate this agreement. Contractor shall ensure that effective bilingual/interpretive services are provided to serve the needs of the non-English speaking population and individuals with disabilities. The provision of bilingual/interpretive services shall be offered for each location whose non- English language cases equal or exceed five percent of the total cases for each program or location. The provision of bilingual /interpretive services shall be prompt without undue delay. Contractor agrees to compile data, maintain records and submit reports as required to permit effective enforcement of nondiscrimination laws, rules and regulations. The data elements specifically required by this section refer to primary language and ethnic groups of participants/applicants. California Department of Social Services (CDSS), federal government personnel, and the County reserve the right to review records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code 10605, or State of California Division 2 1-100 or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this Contract. The terms of this Contract are binding as long as the Contractor is receiving directly, or through contract, federal or state assistance. 2) Gender Harassment Warranty and Liability. All Contractors have a . contractual obligation to become fully trained and knowledgeable regarding behavior prohibited by law as gender harassment and at all times to comply with an appropriate standard of conduct. Every Contractor who violates gender harassment laws shall be liable to the County for all claims, demands, damages, costs, expenses, and attorney fees incurred by the County as a result of the management of or the behavior of any of Contractor's personnel or anyone in Contractor's chain of contractual privity performing this Contract. b. Americans with Disabilities Act: All Contractors have a contractual obligation to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and all future amendments to the Act. Contractor is responsible for making physical alterations to Contractor's facility that are necessary to comply with the Americans With Disabilities Act. Whether or not Contractor's facility has disability access, Contractor will provide to persons with disabilities, on the same basis as are provided to the general public, all administrative and other services normally provided by Contractor. c. Social Security Act: All Contractors have a contractual obligation to comply with Title XIX of the Social Security Act, and conform to all applicable Federal and State statutes and regulations, in addition to any future amendments to the Act. d. Compliance with Federal Immigration and Naturalization Laws: Contractor, Contractor's personnel or subcontractors will not perform any services under this Contract unless and until adequate documentation, which will be a Federal I.D. • number or a Social Security Number or INS form 1-9 (or a successor form), showing Contractor's, Contractor's personnel or subcontractors' right to work in Exhibit D, Page 5 of 7 the United States and any conditions of limitation and obligations of the employer. If said documentation is NS form I-9 (or a successor form), the • completed form must be submitted along with federally required supporting documentation. County shall review Form I-9 and supporting documentation and make a determination in accordance with federal law as to whether or not it can certify that Contractor. Contractor's personnel or subcontractors is(are) authorized to work in the United States. If the Form 1-9 or the supporting documentation submitted by Contractor is such that County is unable to certify that Contractor or Contractor's employee or subcontractors is authorized to work in the United States, this Contract shall terminate automatically and Contractor shall not be entitled to any compensation or other benefits under this Contract. To the extent consistent with federal law and NS regulations, County shall not hire or continue beyond the first termination date of a Contract any employment of any foreign national if a pool of qualified applicants shows U.S. citizens are qualified, available and willing to fill the position. e. Drug Free Workplace: Contractor and Contractor's employees shall comply with County's policy of a drug free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess, or use controlled substances, including, but not limited to, marijuana, heroin, cocaine, and amphetamines at any of Contractor's facilities or County's facilities or work sites. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal substance abuse statute violation occurring at a County facility or work site. Contractor, within five (5) days thereafter, shall notify the Director, County of San Luis Obispo Department of Social Services. Violation of • this notification provision shall constitute a breach of this Contract. f. Equal Employment Opportunity: During the performance of this Contract. Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and hereby promises to comply with the provision on contractor agreements contained in Presidential Executive Order Number 11246. 11. Execution. a. Corporate Authoritv: Any individual executing this agreement on behalf of Contractor represents and warrants that lie is duly authorized to execute and deliver this Contract on behalf of said Contractor, and that this Contract is binding upon said Contractor in accordance with its terms. 12. Entire Agreement and Modifications: This Contract supercedes all previous contracts and constitutes the entire understanding of the parties hereto. Contractor shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. Contractor specifically acknowledges that in entering into and executing this Contract, Contractor relies solely-upon the provisions contained in this Contract and no others. 13. Applicable Law and Venue: This Contract has been executed and delivered in the State of California and covers services to be performed in California. The parties Exhibit D, Page 6 of 7 q • agree that the validity, enforceability, and interpretation of the Contract or any of its provisions shall be determined and governed by the laws of the State of California. The duties and obligations of the parties created hereunder are performable in San Luis Obispo County, and San Luis Obispo County, California courts shall be the venue for any action or proceeding that may be brought, or arise out of, in connection with or by reason of this Contract. 14. Separability: The invalidity of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract. • • Exhibit D, Page 7 of 7 055 EXHIBIT E CONTRACT FOR ATASCADERO AFTER • SCHOOL PROGRAM Special Conditions I. Reports. Contractor shall submit reports quarterly to County by the 10"'of the month succeeding the quarter/month with which the report is concerned. The report shall describe the goals for the services being performed, a means to measure them, and any problems anticipated in performing said work in the future. Reports shall be submitted to Jim Frazier, Department of Social Services, PO Box 8119, San Luis Obispo CA 93403-8119. 2. Confidentiality. Contractor shall participate in this Contract for purposes directly connected with the administration of public social services. Contractor and its officers, agents, and employees shall comply with the requirements of the Welfare and Institutions Code and all professional rules pertaining to the confidentiality of information pertaining to a client. Contractor understands that any breach of Welfare and Institutions Code Sections 827 and 10850 may be a criminal offense. Contractor will not permit any access to client records by any person under Contractor's supervision until he/she has received training in confidentiality and has signed an oath to protect confidentiality client records and juvenile court proceedings. • Exhibit E, Page 1 of 1 b. ITEM NUMBER: A-5 ' DATE: 08/13/2002 1979 1979 \�1SCADE1tU// Atascadero City Council Staff Report- Fire Department California State Agency for Surplus Property Authorization to Acquire Federal Surplus RECOMMENDATION: Council adopt the draft Resolution, renewing the City's eligibility in the Federal Surplus Property Program and authorizing specific employees to acquire surplus property from the California State Agency for Surplus Property. DISCUSSION: Renewal with the California State Agency for Surplus Property yAuthorization to Acquire e Federal Surplus is to be conducted periodically. The last renewal date was November 23, 1993. To date, all individuals listed on that Resolution are no longer employed or associated with the City, so it is necessary and desired to renew at this time. FISCAL IMPACT: A savings in acquiring desired equipment at a surplus cost. ALTERNATIVE: Not adopt the draft Resolution to authorize certain individuals to acquire federal surplus property. ATTACHMENT: • Draft Resolution �5'r DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING CERTAIN INDIVIDUALS TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY WHEREAS,the City of Atascadero is a public agency and has been accepted to the Federal Surplus Property Program; and WHEREAS,the'City Council of the City of Atascadero will, by the adoption of this Resolution, renew the City's eligibility in the Program and authorized certain employees to purchase federal surplus property from the California State Agency for Surplus Property; and WHEREAS, it is necessary to amend Resolution No. 134-93 by revising the list of authorized representative previously approved. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The employees listed below shall be and are hereby authorized as the City of • Atascadero's representative to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions. Wade McKinney,City Manager Kurt Stone, Fire Chief Rachelle Rickard, Administrative Services Director Tom Way, Fire Captain Dennis Hegwood, Police Chief Keith Aggson, Fire Captain SECTION 2. The State Agency for Surplus Property is hereby requested to delete the following persons previously authorized: Andrew J. Takata, Michael P. McCain and Richard H. McHale. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: • �5� • ATTEST: CITY OF ATASCADERO By: MARCIA McCLURE TORGERSON, City Clerk J. MICHAEL ARRAMBIDE, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney • • ITEM NUMBER: A-6 DATE: 08/13/2002 • iais tags Is Atascadero City Council Staff Report - Public Works Department El Camino Real - Gravity Sewer Main Extension Award of Contract for Construction RECOMMENDATIONS: City Council: 1. Adopt the Draft Resolution amending the Wastewater Capital Projects Budget for Fiscal Year 2002-2003. 2. Authorize the City Manager to execute an agreement with Specialty Construction, Inc., to construct the El Camino Real — Gravity Sewer Main Extension at a maximum cost of • $1,442,497.00. DISCUSSION: In 2001, Home Depot was conditioned to construct Wastewater Pumping Station No.13 (PS#13) and the forcemain to transport sewage from the northern end of El Camino Real 1.5 miles southeast along Del Rio Road to Wastewater Pumping Station No.8 (PS#8) located on Estrada Avenue. Although these sewer facilities currently serve only the Home Depot site, the strategically located pump station was designed with sufficient capacity to allow for the consolidation of existing wastewater collection system resources. If constructed, this public sewer main would extend from the existing Wastewater Pumping Station No. 1 (PS#1), located behind Chapel of the Roses, to PS#13. This project would make the public sewer available to property along north El Camino Real with soil conditions unsuitable for septic systems. In addition, this public sewer extension would allow abandonment of PS#1, abandonment of the Wastewater Pumping Station that currently serves the Factory Outlets (PS#10) and relieve the collection system capacity problem that currently restricts additional connections to public sewers that flow through the downtown area. Reconstruction of this at-capacity sewer through the downtown area would cost an estimated $500,000. Upon diversion of the flow from PS#1 and PS#10 to PS#13 the City has agreed to reimburse • Home Depot $257,400 for the cost of over-sizing the sewer,facilities constructed to serve their 060 ITEM NUMBER: A-6 DATE: 08/13/2002 project. The City will collect reimbursement fees from improved properties that tie into the El Camino Real Gravity Sewer Extension for both PS#13 and the gravity sewer. Both • reimbursements will amount to an estimated $2600 per single-family residence. The project will provide public sewer service to an estimated 150 acres that currently does not have access to the public sewer. Depending upon type and size of improvement, these 150 acres could generate $600,000 to $1,000,000 in connection and extension fees and $1,150,000 in reimbursement fees. In addition, the elimination of PS#1 and PS#10 would save approximately $200,000 in operating costs over a period of 15 years. An expenditure of$1,315,000 for the construction of this project was approved as a part of the FY 2002 annual budget. If a contract is to be awarded, Council must first amend the Wastewater Division's Capital Projects budget. The new estimate of costs for the project is $1,947,370.95 In accordance with the City's procurement policy, a notice inviting bids was advertised and sent to Plan Rooms and all contractors on the City's list of qualified contractors. Bids were received and publicly opened on July 8, 2002. A bid summary prepared by the City Clerk is included in this report for reference. The low bid was submitted by Specialty Construction, Inc., in the amount of$1,442,497.00. The bids have been checked for completeness and accuracy. Specialty Construction, Inc. is known by staff to have satisfactorily completed projects of this type. Staff finds Specialty Construction, Inc. to be the lowest responsible bidder. FISCAL IMPACT: Cost of Construction $1,442,497.00 15% Soils Testing, Construction Engineering $216,374.55 20% Contingency $2589499.40 PROJECT TOTAL $199479370.95 Project Total $1,947,370.95 Approved Budget $1,315,000.00 Budget Adjustment $ 632,570.95 (Account to be amended and construction to be funded from the Wastewater Capital Projects Account#8278 8600271) • t}b ITEM NUMBER: A-6 DATE: 08/13/2002 ALTERNATIVE: • Do not authorize the g Mayor to execute an agreement — The sewer main extension will not be Y constructed. If this sewer main is never constructed, consolidation of City wastewater pumping stations could not occur, and the planned relief of the at-capacity gravity sewer main adjacent to the downtown area could not be accomplished by these means. ATTACHMENTS: A- Draft Resolution B - Engineer's Estimate—ECR Gravity Sewer Main Extension C - Bid Summary—ECR Gravity Sewer Main Extension • • °v�b ITEM NUMBER: A-6 DATE: 08/13/2002 DRAFT RESOLUTION • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING WASTEWATER CAPITAL PROJECTS 2001-2003 BUDGET NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero the Wastewater Capital Projects Budget Fiscal Year 2001-2003 budget is amended as follows: 1. Object Number 8600271, Fund 8278 is adjusted by $ 632,570.95 2. This change is effective immediately upon adoption of this resolution. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: CITY OF ATASCADERO By: • J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • Vbri Opinion of Probable Cost • City EI Camino Real Sewer Main Extension and Replacement Project: No. : 2002-05 N Item Item Est.QuaUnit Unit Cost Total Item Cost umb 1 Mobilization ( 5% of Bid Items 2 through 17) 1 LS $90,557 $90,557 I 2 Traffic Control 1 LS $40,000 $40,000 I 3 Removal and Disposal of Existing Force Main 2,260 LF $5 $11,300 Removal and Disposal of Existing Gravity Sewer 4 1,410 LF $10 $14,100 Main i i 5 Removal and Disposal of Existing Sewer Manhole 4 EA $800 $3,200 • 6 Excavation Stabilization 24 CY $200.00 $4,800 I 7 �12" PVC Sewer Main -SDR 35 4,605 LF I $144.43 $665,102 I I 8 10" PVC Sewer Main -SDR 35 3,657 LF 1 $156.95 $573,965 I 9 48" Diameter Concrete Sewer Manhole 24 EA $4,165.00 $99,960 I 10 Lateral Connection 81 EA $3,500.00 $283,500 i I i I 11 Sewer Bypass During Construction 1 LS l $58,020.00 $58,020 I I I i 12 (Testing, Cleaning, and Inspection of Pipelines 1 LS $20,000.00 $20,000 13 Asphaltic Emulsion 15 Ton $200.00 $3,000 • 14 Slurry Seal (Type II) 200 Ton $75.00 $15,000 i 5/6/2002 9:04 AM Page 1 of 2 Final Submittal N umbItem Item Est.QuanUnit Unit Cost Total Item Cost I 15 'Traffic Striping 15,200 LF $1.00 $15,200 • ( 16 ;Pavement Markings 300 SF $5.00 $1,500 I i i 17 ;Pavement Markers 500 i EA $5.00 $2,500 Sub Total Bid Items 1 through 17 = $1,901,705 i Construction Staking/Inspection/Testing @ 5% _ $95,085 j Grand Total = $1,996,790 I Items above are inclusive of all appurtenant work involving the installation or construction of the item, including all work shown in the Project Plans, Project Specifications, and City Standard Drawings and Details. EA= Each, LS= Lump Sum, LF= Lineal Feet,SF=Square Feet, CY=Cubic Yard • 5/6/2002 9:04 AM Page 2 of 2 Final Submittal City of A Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Torgerson, City ClerkY� BID NO.: 2002-005 OPENED: 7/8/02, 2:00 p.m. PROJECT: El Camino Real—Gravity Sewer Main Extension (7) Bids were received and opened today, as follows: Bidder Total Bid Madonna Construction Co. $2,604,668.00 P.O. Box 3910 SSan Luis Obispo, CA 93403 R. Baker, Inc. $1,869,520.00 P.O. Box 419 Arroyo Grande, CA 93431 John Madonna Construction Co. $1,705,187.00 P.O. Box 5310 San Luis Obispo, CA 93403 R. Burke Corporation $1,741,455.00 P.O. Box 957 San Luis Obispo, CA 93406 Wysong Construction Co. $2,017,605.35 8720-B El Camino Real Atascadero, CA 93422 Whitaker Contractors Inc. $1,827,605.00 22985 El Camino Real Santa Margarita, CA 93453 Specialty Construction, Inc. $1,442,497.00 645 Clarion Court San Luis Obispo, CA 93401 • Attachments: (7) bids ITEM NUMBER: A-7 DATE: 08/13/2002 • isis i � � i9 e Atascadero City Council Staff Report - Public Works Department 2002-2003 Annual Overlay Program Bid No. 2002-007 RECOMMENDATIONS: City Council: 1. Authorize the City Manager to execute an agreement with R. Burke Corporation in the amount of$1,355,321.00 for construction of the 2002-2003 Annual Overlay Program. 2. Authorize the Director of Administrative Services to appropriate an additional $12,580 from the Traffic Congestion Relief Fund and an additional $40,000 from the Local Transportation Fund for the 2002-2003 Annual Overlay Program. • Authorize the Director of Administrative Services to make an budget transfers necessary to 3. Y g �'Y come into compliance with AB2928 and any transfers necessary between the 2002-2003 Overlay Program Projects. DISCUSSION: On January 22, 2002, Council authorized the City Manager to enter 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 El Camino Real Overlay. The design for these services, known as the 2002-2003 Annual Overlay Program, was on time and within budget. The design included the following sections of road: • 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 ITEM NUMBER: A-7 DATE: 08/13/2002 • Portola Road— San Marcos to Morro Road • • San Gabriel—From midway between San Marcos and Santa Lucia to San Marcos. The following roads were also added to the design contract: • Santa Rosa—El Camino Real to Highway 101 • Ensenada—Capistrano to Via Road Bridge. Based upon Engineer Estimates, it was determined that not enough funds were available to complete all of the sections of roadway. Staff evaluated the project list and estimates for each section of road, and compiled a list of streets that could be constructed with current funds. The list of streets and recommended improvements are as follows: • Curbaril from El Camino Real to Highway 101 (grind and repave). • El Camino Real at Viejo Camino (install drainage structures and repair intersection) • West Mall from El Camino Real to Lewis Ave and from east of Olmeda Ave to Capistrano (grind and repave, curb and gutter, drainage structures,and handicap ramps.). The stretch of West Mall near Atascadero Junior High is not included in this project due to the School District's concerns regarding construction conflicts with students and parents. • Capistrano from West Mall to Sycamore (grind and repave with drainage structures). • Sycamore from Capistrano to North of County Yard (Cape Seal). • Sycamore from North of County Yard to Curbaril (grind and repave). • San Anselmo from Highway 101 to N4onterey(grind and repave). • Santa Lucia from Ardilla to Santa Ana(Cape Seal). , • Ensenada from Capistrano to Via Bridge (overlay with minor drainage repairs). • Santa Rosa from El Camino Real to Highway 101 (grind and repave). The designs for all sections of road in the original Council approval have been completed. Each remaining section has been compiled separately. This will allow the City to bid and construct additional sections of street as funding becomes available. This program was originally budgeted as four separate projects: the Curbaril Overlay II Project, the 2002 Road Rehabilitation Projects, the 2003 Road Rehabilitation Projects and the San Fernando Road Overlay Project. Together, these four projects make up the 2002-2003 Overlay Program. Because of the lack of funding in total, the scope of each of these original budget projects was revised. Some projects such as the Curbaril Overlay II Project were reduced in scope while others were expanded slightly. In total, funding for the 2002-2003 Overlay Program remains the same, however individual budget project totals may no longer agree to the current construction plans. In addition to this, $183,612 of Traffic Congestion Relief Funds slated for. this project must be spent by June 30, 2002. The City did not expend all of these funds on this project. Staff is recommending that Council authorize the Director of Administrative Service to make any budget transfers necessary to come in to compliance with AB2928 and any transfers necessary between the 2002-2003 Overlay Program Projects. (This would not authorize the Administrative Services Director to do any budget adjustments increasing the net revenues over expenditures either citywide or within any one fund) • vo8 ce ity of A Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Torgerson, City Clerk BID NO.: 2002-007 OPENED: 7/23/02, 2:00 p.m. PROJECT: 2002-2003 Road Rehabilitation Project (5)Bids were received and opened today, as follows: Bidder Total Bid Whitaker Contractors, Inc. $ 1,544,894.21 P.O. Box 910 Santa Margarita, CA 93453 Madonna Construction Co. $ 1,365,762.20 P.O. Box 3910 San Luis Obispo, CA 93403 R. Burke Corporation $ 1,355,321.00 P.O. Box 957 San Luis Obispo, CA 93406-0957 Union Asphalt, Inc. $ 1,412,815.78 P.O. Box 1280 Santa Maria, Ca 93456 Granite Construction Co. $ 1,410,146.00 P.O. Box 50085 Watsonville, CA 95077-5085 Attachments: (5)Bids City Of Ataseadero Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Torgerson, City Clerk'� " BID NO.: 200 005 OPENED: 7/8/02, :00 p.m. PROJECT: El Camino eal—Gr vity Sewer Main Extension (7) Bids were received and opene t ay, as follows: Bidder Total Bid Madonna Construction Co. $2,604,668.00 P.O. Box 3910 . San Luis Obispo, CA 93403 R. Baker, Inc. $1,869,520.00 P.O. Box 419 Arroyo Grande, CA 93431 John Madonna Construction Co. $1,71, 1,7 ,187.00 P.O. Box 5310 San Luis Obispo, CA 93403 R. Burke Corporation $1,741,455. 0 P.O. Box 957 San Luis Obispo, CA 9340 Wysong Construction Co $2,017,605.35 8720-B El Camino Real Atascadero, CA 93422 Whitaker Contractors c. $1,827,605.00 22985 El Camino Real Santa Margarita, CA 93453 Specialty Construction, Inc. $1,442,497.00 645 Clarion Court San Luis Obispo, CA 93401 Attachments: (7) bids • U �� ` ITEM NUMBER: 0 A-7 DATE: 08/13/2002 Bids were received for the 2002-2003 Annual Overlay Project and publicly opened on July 239 2002 at 2:00 p.m. R. Burke Corporation submitted the lowest bid in the amount of$1,355,321. The Engineer's Estimate for this project was $1,474,748. A bid summary prepared by the City Clerk has been included for reference. The bids have been checked for completeness and accuracy and staff finds R. Burke Corporation to be the lowest responsive bidder. FISCAL IMPACT: PROPOSED EXPENDITURES Design Services $108,000 Construction $1,355,320 Construction Support (10% of Construction) $135,530 Contingency (10% of Construction) $135,530 TOTAL PROJECT EXPENDITURES $1,734,380 PROPOSED FUNDING SOURCES USHA Funds $217,800 Cal Trans Relinquishment Funds $334,000 Public Works Impact Fees Funds $480,000 Local Transportation Funds (Original Budget of$410,000 plus $450,000 proposed addition of$40,000) 2000 Traffic Congestion Relief Funds (Original Budget of $123,620 $183,620 less transfer of$60,000 to the Gas Tax Fund for Road Maintenance) 2001 Traffic Congestion Relief Funds (Original Budget of $68,960 $56,380 plus proposed addition of$12,580) Gas Tax Funds (Proposed transfer to of`:freed"gas tax funds due to $60,000 transfer in from 2000 Traffic Congestion Relied TOTAL PROPOSED FUNDING SOURCES $1,734,380 ALTERNATIVES: 1. Award Contract • 2. Do not Award Contract—Roads remain in current condition. ATTACHMENT: Bid Summary wog ITEM NUMBER: A - 8 DATE: 08/13/2002 Y 9 City Manager's Agenda Report Wade G. McKinney Community Development Block Grant Program Fiscal Years 2003 through 2005 RECOMMENDATION: City Council adopt the draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2003 through 2005. DISCUSSION: • Background: Beginning with the 1994/95 fiscal year, the City of Atascadero has participated with the County of San Luis Obispo and other cities as part of the "urban county" Community Development Block Grant (CDBG) program. Urban counties receive annual, formula-based grants directly from the federal department of Housing and Urban Development(HUD) under the CDBG, HOME Investment Partnerships (HOME) and the Emergency Shelter Grants (ESG) programs. Cooperative agreements between the participating jurisdictions established a formula allocating CDBG funds by jurisdiction. The HOME and ESG funds were not formally divided up, but the cities provided recommendations to the county on these programs. On July 8, 2002 the County, pursuant to HUD regulations, notified the City of its right to elect to continue to participate in the CDBG program by choosing from the following options: 1. Join the urban county to receive CDBG allocations through the county. 2. Become a stand-alone CDBG entitlement jurisdiction to receive CDBG funds directly from HUD. 3. Decline a formula CDBG allocation or entitlement and become an applicant to the competitive state CDBG program. Analysis: Staff has reviewed each of the three options available to the City. Staff recommends continuation of the current CDBG allocation by participating as part of the "urban county" program(Option 1). This option is preferred for the following reasons: 071 ITEM NUMBER: A - 8 DATE: 08/13/2002 1. Participation in the state CDBG program (Option 3) is competitive in nature and there is no guarantee that the City would receive any CDBG funding from year to year. • 2. Becoming a stand alone City would require the City to meet all of the HUD regulations as a grant recipient, including preparation of a five-year plan, annual allocation plan, preparation of various federally required reports, and other administrative activities. This would require additional staff resources to be allocated toward grant administration. 3. The City would be able to obtain more CDBG funds through the State than the "urban county" program, potentially securing $500,000 to $830,000 in a competitive cycle. However, participation in the State program requires the City's Housing Element of the General Plan to be State-certified. 4. The administration and distribution of HOME and other housing funds would continue to be administered by the County. Although the City would be eligible for more funding as part of the State competitive process, it would be required to administer the projects and activities for which funding was allocated. 5. Administration of the CDBG program is a highly regulated and technical process for which the County has staff that specializes in this area. Additional training and participation in HUD activities would require additional staff resources. 6. The funding allocation the County uses for City allocations is identical to the formula used by HUD if the City received a direct allocation. There may be some additional increase in funding levels as a direct entitlement city; however, it would be offset by the increases in administration required for direct participation. Participation as part of the "urban county" allocation program would continue to provide the City with annual allocation of CDBG funds and continue to limit the amount of time the City would • be required to spend on program administration, which would increase with either of the remaining options. Participation in the program is for a three- (3) year fiscal year cycle; therefore, the City will be able to reevaluate its options prior to the next three-year cycle. Continued participation in the CDBG program with the County provides continued allocation of CDBG funding to Atascadero while limiting the financial and administrative resources necessary to participate in the program overall. Due to HUD deadlines, the County requested execution of this agreement by the respective cities' executive officers; however, ratification of the City Council is required to make this agreement binding. FISCAL IMPACT: Continued availability of approximately $245,000 annually during the next three years for CDBG-eligible programs. • 072 ITEM NUMBER: A - 8 DATE: 08/13/2002 ALTERNATIVES: • The Council may choose to participate as a stand-alone CDBG entitlement jurisdiction y p p � or become an applicant to the competitive state program. ATTACHMENTS: Draft Resolution Cooperation Agreement • • 073 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO • APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO TO CONTINUE JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the County of San Luis Obispo ("County"), a political subdivision of the State of California, and the City of Atascadero ("City"), a municipal corporation, desire to continue participation in the Community Development Block Grant (CDBG) program administered by the U. S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ("parties") to improve housing opportunities for low-income and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and WHEREAS, the City, as part of the federally designated "San Luis Obispo —Atascadero — Paso Robles Metropolitan Area", wishes to again defer its entitlement status to the County for the mutual benefit of both jurisdictions; and WHEREAS, HUD requires that the parties enter into a Cooperation Agreement to define their rights and obligations as a prerequisite of participation in the CDBG program, THEREFORE, BE IT RESOLVED BY THE ATASCADERO CITY COUNCIL AS • FOLLOWS: Section 1. Findings. 1. The proposed Cooperation Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. 2. The proposed Cooperation Agreement will promote the public health, safety and welfare by enabling the City and County to participate in the U. S. Department of Housing and urban Development's CDBG programs, under an "urban county" entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available. 3. The Parties intend to adopt a Memorandum of Understanding which will establish administrative policies and procedures, performance standards, and guidelines for block grant program implementation by the County and participating cities. 4. The proposed Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and • the City's Environmental Guidelines. 74 City of Atascadero Resolution No. 1999-036 Page 2 of 2 Section 2. Authorization to enter into Cooperation Agreement. Pursuant to Federal Regulations 24 CFR 570.501 (b), et. Seq., the City Council hereby • authorized the Mayor to enter into a Cooperation Agreement, Exhibit"A", with the County to enable joint participation in the Community Development Block Grant Program U. S. Department of Housing and Urban Development (HUD). Section 3. Cily Administrative Officer authorized to act for City_ The City Manager, the City's Administrative Officer, is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on-going operation of the Community Development Block Grant Program, and other activities necessary to carry out the intent of the agreement. Section 4. Public Notice. A summary copy of this resolution, together with the ayes and noes, shall be published at least once in full, within 10 days after its adoption, in the Atascadero News, a newspaper published and circulated in the City. A copy of the full text of this resolution shall be on file in the office of the City Clerk and shall be available to any interested member of the public. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: • AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCAADERO J. Michael Arrambide Mayor ATTEST: Marcia McClure Torgerson City Clerk APPROVED AS TO FORM: • Roy A. Hanley City Attorney A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER • GRANT PROGRAM FOR FISCAL YEARS 2003 THROUGH 2005 THIS AGREEMENT is made and entered into this 1 1 41day of, `*/k/ , 2002, by and between the Count of San Luis ObiCalifornia,County Obispo, a political subdivision of the State of Cali hereinafter called "County"; and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo,hereinafter called"City";jointly referred to as "Parties." WITNESSETH WHEREAS,In 1974,the U.S. Congress enacted and the President signed a law entitled,The Housing and Community Development Act of 1974, herein called the"Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; and WHEREAS, the County of San Luis Obispo has requested of the federal Department of Housing and Urban Development,hereinafter referred to as"HUD",that the County be designated as an"urban county', and the County has been informed preliminarily, subject to final determination, that it needs to requalify as an urban county and be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; and WHEREAS, the City desires to participate jointly with the County in said program; and WHEREAS, if HUD redesignates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program(hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafter referred to as "ESG"), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as "HOPWA"); and WHEREAS,the Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds,and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County is said application and thereby become 076 a part of a more comprehensive county effort; and WHEREAS,as the urban county applicant,the County must take responsibility and assume all obligations of an applicant under federal statues. including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS,by executing this Agreement,the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE,in consideration of the mutual promises,recitals and other provisions hereof, the parties agree as follows: SECTION I. General. A. Responsible Officers. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower • income housing assistance activities,specifically urban renewal and publicly assisted housing;public services; and economic development. C. Term of Agreement. The term of this Agreement shall be for a period of three (3) years commencing on the date specified below and extending through federal fiscal years 2003,2004,and 2005. The Agreement remains in effect until the CDBG,HOME,ESG and HOPWA program funds and income received with respect to the three-year qualification period are expended and the funded activities are completed. The parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program,the HOME Program,the Emergency Shelter Grant(ESG)Program,and the Housing Opportunities for Persons With AIDS (HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application • the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. 2 07 B. Consolidated Plan. City shall assist the County by preparing a community development plan,for the period of this Agreement,which identifies community development and housing needs, projects and programs for the City;and specifies both short and long-term City objectives,consistent • with requirements of the Act. County agrees to: (1)include the City plan in the program application, and(2)include City's desired housing and community development objectives,policies,programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2003, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall,as applicant,be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2003. E. Grant Eligibility. In executing this Agreement,the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating un the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME,ESG or HOPWA programs except through the urban county. SECTION III. Program Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities which will be funded from the annual CDBG, HOME, ESG and HOPWA programs from federal fiscal year 2003, 2004, and 2005 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG,HOME,ESG and HOPWA applications, and that County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG,HOME,ESG and HOPWA under county programs. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. • 3 C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the • City's community development plan. Pursuant to the Act'and pursuant to 24 CFR 570.501 (b),the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application,and such allocated amounts shall be expended exclusively for such projects or activities; provided,however,that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended. 1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through"the allocated CDBG funds to City as subrecipient within 30 days of written request by City to funds specific projects or programs, up to a total amount equal to that to which City would have been entitled had it applied separately as a"metropolitan city", using HUD allocation formulas as applied by County, and that no "administrative" fee or other fees will be . deducted by the County to meet its obligations under the terms of this Agreement. Further, with respect to such"pass through"funds,County agrees to fully cooperate and assist City in expending such funds. 2) Non-Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non-Metropolitan,incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban Project Fund. It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Funds, available to all participating incorporated cities and the County in San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocations for cities as described in paragraph 1 and 2 above. The Special Urban Projects Funds shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. • 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Funds comprise the County 4 allocation. B. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after "pass through"of CDBG program funds to City,County shall not use its remaining balance of funds in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. C. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement,the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. D. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income in hand or received by the City subsequent to the close-out or change of status shall be paid to the County. In the event that the City withdraws from the urban county to • become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. E. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount equal to the current fair market value, less any portion thereof attributable to expenditures of non- CDBG funds,of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the Regulations. City shall inform the County of such program income within thirty (30) days if the income results from the sale or change of use of property acquired or improved with CDBG funds. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated • 5 `t1�U or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's • actions to comply with its fair housing certification. H. Conflict Resolutions. In the event of disagreement or objections by City or County as to the allocations,disbursement,use,or reimbursement of CDBG funds,the Parties agree to accept HUD's binding arbitration and written determinations as to the appropriate resolution or disposition of funds. SECTION V. Amendment or Extension of Agreement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement,prepared jointly by County and City,that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances,the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder,or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to comply with the urban county's certifications required by section 104(b)of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will is benefit persons of low and moderate income; and 6 2) A plan for minimizing displacement of persons as a result of CDBG-assisted activities and programs, and to provide assistance to such persons. • C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1) Provides for an encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; 3) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; 4) Provides for a timely written answer to written complains and grievances, within 15 • working days where practicable; 5) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. D. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be 7 paid to any person for influencing or attempting to influence an officer or employee of any • agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall compete and submit standard form LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certifications Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements),and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144, (the 1990 HUD appropriations Act), the Parties certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within their • respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeeping. A. HUD Certification. The CAO or the City Manager are hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certifications executed by the CAO or City Manager for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and/or County on reasonable notice during the normal business hours of ithe City. 8 C. Execution and Ratification. This Agreement shall be executed on behalf of the County and the • City by respective chief executive officers. Said execution shall not be binding unless ratified by resolutions of the Board of Supervisors and City Council,respectively,within thirty(30)days of said execution. IN WITNESS WHEREOF, the City of Atascadero and County of San Luis Obispo have authorized this Cooperation Agreement subject to ratification by resolutions of the Board of Supervisors and City Council as set forth in Section VII.0 of this Agreement, on this ) day of July, 2002. County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws,and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: Timothy McNulty, Deputy County Counsel Date: COUNTY OF SAN LUIS OBISPO By: Chairperson of the Board of Supervisors Date: ATTEST: Julie Rodewald, County Clerk Date: 9 • NOW, THEREFORE,the parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer there under duly authorized,and their official seals to be hereunto affixed, all as of the day first above written. CITY OF ATASCADERO WADE G. McKINNEY, CITY MANAG R Date: APPROVED AS TO FORM: ROYY. HANLEY, CI ATTORNEY Date: ATTEST: - r MARCIA MCCLURE TORGERSO CITY CLERK Date: • 10 ITEM NUMBER: A-9 - DATE: 08/13/2002 Xi"i '•_^ Y978 Atascadero City Council Staff Report - Public Works Department Final Parcel Map 2001-0019 (Parcel Map AT 01-342) [TPM 2001-0024] 9635/9637 Santa Lucia Ave. (Bissonnette/Wilson) RECOMMENDATION: Council accept Final Parcel Map 2001-0019 (Parcel Map AT 01-342). DISCUSSION: The Planning Commission adopted a resolution approving a Tentative Parcel Map (TPM 2001- 0024) to divide a 7.06-acre residential lot into two parcels: 3.34 acres (gross) and 3.62 acres (gross) each at 9635 Santa Lucia Avenue, on November 20, 2001. The site is located in the Residential Suburban (RS) zoning district, which allows for the proposed use and density when certain findings are made. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to 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 offers of dedication are made on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENT: Exhibit A: Final Parcel Map 2001-0019 (Parcel Map AT 01-342) G86 Exhibit A Final Parcel Map 2001-0019(Parcel Map AT 01-342) 9635/9637 Santa Lucia Ave. o a �� a en §; IL d is •z e sola I<, k.. c o g >v o N F •. 1 :� O 2 Glx wo DIM _ p S 16 ••�� 3 i'0.La.[x ■k€ ��—���_s g�g� xq 3B[ Olt 0 i {I- M AL���•F-i iL�A Ja b RCfi� � V ■ '67 ITEM NUMBER: A-10 DATE: 08/13/2002 iris � 11179 Atascadero City Council Staff Report—Public Works Department Final Tract Map 2002-0027 (Tract Map 2329) [TTM 990081 8605 El Centro (Charnley) RECOMMENDATIONS: Council: 1. Accept Final Tract Map 2002-0027 (Tract Map 2329); and, 2. Reject offer of dedication for Cascada Court and public utility easement without prejudice. 3. Accept 5-foot offer of dedication on El Centro Road. . 4. Authorize City Manager to execute Subdivision Improvement Agreement. DISCUSSION: The City Council approved Tentative Tract Map 99008 on October 12, 1999. The Final Map subdivides a 3.2-acre into 16 lots, 15 single-family residential lots and one (1) lot for a park and detention basin. On November 6, 2001, the Planning Commission approved a one-year extension of the Tentative Tract Map set to expire on October 12, 2002. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot 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. Staff recommends rejecting the offer of dedication for public utility easement, and accepting 5-foot offer of dedication on El Centro Road. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None is ATTACHMENTS: Exhibit A: Final Tract Map 2002-0027 (Tract Map 2329) Subdivision Improvement Agreement ITEM NUMBER: A- 10 DATE: 08/13/2002 Exhibit A Final Parcel Map 2002-0027(Tract Map 2329) • 8605 El Centro x v � ��7 bio R d�g1$ < S s " to •fa.r 8_- -�--u-.o, eE ._ dug Et6i "Owl I.tl I ' �Al ♦♦ g„ � ` • ♦ • JJ :S ZZ-1 � �♦ _ r HW kg� a ` g` A�'8 9i5 7W 8 S +o I Y U o f F' S 9d i§8 t$ al S .sf t� �ztszdsr, , QI '�1• S Z j S •UTL-� I x , Ll1fN � • � Q � .SS'lt M,zt SLDSN-4.� , $^ N y Itit1.LlFfN� Q f 1>N I r � . I R• �gs � ©" a �„ !rQ ugR88 R ggi ,'a Rei 8fig 'R < X _ d .OYL6 K00.20.[fN 7[i Ll SLCSN _j kI CRSfi1 �2e8E.�� w.,.>•t,� .[a�;�� .ems- ��� tae, "` -s :as" �" Q ,p� Q (L �A, �' �.tr�ir.oi•.0'ae_tl �['K��1 t-tl)A=9Y'M�6t.LL.GtN.Oi 1 fLt F � ��h� -�y,t, t_ .dF•ac-tl 11 n) srw — N Y .tv`wi'M•000tssN ��.�y;z••,Lszzss ObO , „ b a Od1NaO '13 �►° 3 $' w3 9 ITEM NUMBER: A- 10 DATE: 08/13/2002 • FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: • NAME OF SUBDIVIDER: ANDREW B. CHARNLEY SUBDIVISION: EI Centro Oaks (Tract No 2329), Atascadero, CA ESTIMATED TOTAL COST OF IMPROVEMENTS: $310,082.50 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and ANDREW B. CHARNLEY (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2329 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Tract Map 2329 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract Map 2329 or have entered • into a secured agreement with City to complete the improvements and land development within a period of time specified by City. U ` U ITEM NUMBER: A- 10 DATE: 08/13/2002 D. In consideration of approval of Tract Map 2329 by the City Council, Subdivider desires to . enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Tract Map 2329 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2329, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all . remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract Map 2329 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract Map 2329, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Tract Map 2329 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract Map 2329 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. ITEM NUMBER: A- 10 DATE: 08/13/2002 4. If said improvement work is not completed within one year of the Date of Agreement, the • Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. ITEM NUMBER: A- 10 DATE: 08/13/2002 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set • forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Andrew B. Charnley 200 South Main Street Templeton, CA 93465 Surety: Stinchfield Financial Services • 7350 EI Camino Real, Suite 101 Atascadero, CA 93422 Phone: (805) 466-0111 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. ITEM NUMBER: A- 10 DATE: 08/13/2002 IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused • these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO SUBDIVIDER: By: (Notarize signature) Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. • City Engineer Approved as to form: Roy A Hanley City Attorney ITEM NUMBER: A-10 DATE: 08/13/2002 • Roberts Engineering 522 Laurelwood Drive Paso Robles,CA. 93446 805-239-0664 Date: 7/21/2002 Engineers Bonding Cost Estimate Project: Tract 2329-EI Centro Oaks Atascadero, CA Item Description Unit Quantity Unit Cost Total Streets 1 3.0"AC Pavement SF 21,000 $1.08 $22,680.00 2 8"CL If Agg.Base SF 21,000 $0.80 $16,800.00 3 Sealcoat SF 1250 $0.25 $312.50 4 6"PCC Curb w/18"gutter LF 1250 $14.00 $17,500.00 5 PCC sidewalk SF 5400 $3.50 $18,900.00 6 Handicap Ramp EA 2 $650.00 $1,300.00 7 Street Lights EA 1 $1,750.00 $1,750.00 8 Street Signs EA 2 $200.00 $400.00 9 Sawcut exist.AC LF 388 $1.25 $485.00 10 Street Monument EA 8 $225.00 $1,800.00 11 PCC Cross Gutter SF 1000 $5.50 $5,500.00 12 Residential Driveway(B-3) EA 15 $500.00 $7,500.00 13 Concrete pavers SF 400 $5.50 $2,200.00 14 Striping LS 1 $500.00 $500.00 Subtotal $97,627.50 Grading 1 Clear and Grub,Demo Acre 3 $500.00 $1,500.00 2 Earthwork LS 1 $20,000.00 $20,000.00 3 Tree Removal LS 1 $2,000.00 $2,000.00 4 Tree Protection Fencing LS 1 $2,000.00 $2,000.00 Subtotal $25,500.00 Water 1 Fire Hydrant Assembly w/thrust blk. EA 2 $2,300.00 $4,600.00 2 Tie into existing Water Main LS 1 $1,000.00 $1,000.00 3 Water Services EA 16 $500.00 $8,000.00 4 8"PVC Main w/appurtences LF 500 $20.00 $10,000.00 Subtotal $23,600.00 Storm Drain 1 18"HDPE LF 173 $30.00 $5,190.00 2 24"HDPE LF 322 $40.00 $12,880.00 ITEM NUMBER: A- 10 DATE: 08/13/2002 • 3 Det.Basin Inlet/Outlet Structures LS 1 $5,000.00 $5,000.00 4 City Std. Catch Basin EA 2 $2,300.00 $4,600.00 5 Storm Drain MH EA 2 $2,000.00 $4,000.00 6 12" PCC drop inlet EA 10 $250.00 $2,500.00 7 Offsite improvements LS 1 $15,000.00 $15,000.00 8 6" PVC pipe LF 37 $6.00 $222.00 9 8"PVC pipe LF 281 $8.00 $2,248.00 10 10" PVC pipe LF 378 $10.00 $3,780.00 11 Rip Rap CY 30 $75.00 $2,250.00 Subtotal $57,670.00 Utilities 1 Gas LF 780 $14.00 $10,920.00 2 PG&E&PT&T LF 780 $28.00 $21,840.00 3 CATV LF 780 $2.50 $1,950.00 Subtotal $34,710.00 Sewer 1 Lateral EA 15 $400.00 $6,000.00 2 SSMH EA 3 $2,300.00 $6,900.00 3 Tie into exist. SSMH LS 1 $500.00 $500.00 4 8" Sewer Main LF 505 $15.00 $7,575.00 • Subtotal $20,975.00 Misc. 1 Retaining Walls LS 1 $15,000.00 $15,000.00 2 Landscaping LS 1 $15,000.00 $15,000.00 3 Professional Services LS 1 $20,000.00 $20.000.00 Subtotal $50,000.00 Grand Total $310,082.60 150%Bonding Reauirement $465,123.75 Note:Estimates contained hereon are based on preliminary plans and have been prepared for planning purposes only. The Engineer accepts no responsibility for plan changes,fluctuations in contractor prices, labor costs or material quantities. Q�pf ESS/ 2 M j ' No.35366 N m Timothy P. Roberts, PE Date Exp.9/30/4�? s / J'Jq� C(V1'L o�`y OF CALL ITEM NUMBER: B- 1 DATE: 08/13/2002 • 1-97-9 Atascadero City Council Staff Report- Community Development Department Road Abandonment #2001-0008 Summary Vacation of an Unimproved Portion of Atascadero Avenue Colony Right-of-Way (Dwayne Burbach / Wilson Land Surveys) RECOMMENDATION: • The Planning Commission recommends that the Council: Adopt the draft Resolution, thereby summarily vacating a portion of colony right-of-way near Atascadero Avenue and San Andres as conditioned and subject to the appropriate findings. DISCUSSION: Background: The applicant is requesting the abandonment of an unused portion of Atascadero Avenue right-of-way located at the intersection of San Andres Avenue and Atascadero Avenue extending to Tecorida Avenue. The portion of the right-of way proposed to be abandoned is currently unused for street purposes. The right-of-way has not been used since CalTrans realigned the intersection to eliminate a 5-way intersection. The project will return the road area to the applicant and will allow the parcels to be reconfigured with a Lot-Line Adjustment. Anal In order for the City to abandon the subject right-of-way, a finding of General Plan consistency needs to be made by the Planning Commission. The City Council will take final action on the matter with consideration of the Planning Commission's findings. • ITEM NUMBER: B- 1 DATE: 08/13/2002 General Plan Consistency Pursuant to the CA Government Code Section 65402: "If a general plan or part thereof has • been adopted...no real property shall be...vacated or abandoned...until the location, purpose and extent of such...street vacation or abandonment...has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof. " Staff believes the abandonment itself will not diminish any circulation goal of the City, particularly since the right-of-way exists only as a paper road and the street has been constructed in a nearby location. Atascadero Avenue is considered a local street and, according to the General Plan, "local streets have the sole function of providing access to adjoining land uses. " The abandonment of this section of Atascadero Avenue will not limit access to any existing parcels. State Abandonment Findings Under the Streets and Highways Code, this application qualifies as Summary Vacation (short form abandonment) as opposed to the General (long form) procedure: Pursuant to the California Streets and Highways Code, "The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist...For a period of five consecutive years, the street or highway has been impassable for vehicular travel and no public money was expended for maintenance on the street or highway during such period. " The proposed abandonment is consistent with the state requirements for Summar Vacation • p q Y because the portion of right-of-way to be abandoned is a paper road and has never been constructed or maintained for road purposes. Environmental Review The proposed Road Abandonment has been determined to be exempt from CEQA under the General Rule Exemption (California Environmental Quality Act, Guidelines Section 15061.b.3). The General Rule Exemption is for projects that are subject to CEQA, but it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The associated Lot-Line Adjustment 2001-0034 qualifies for a Class 5.c. Categorical Exemption; minor land divisions and lot-line adjustments in accordance with the Subdivision Map Act. Conclusion: This section of the Atascadero Avenue right-of-way is not necessary for existing or future road purposes. The current location of Atascadero Avenue provides sufficient circulation for the area and access to existing parcels. The project meets the applicable state requirements for summary vacation and is consistent with the City's General Plan. • 098 ITEM NUMBER: B- 1 DATE: 08/13/2002 FISCAL IMPACT: None ALTERNATIVES: 1. The City Council may recommend approval of the proposed Road Abandonment with modified conditions of approval. 2. The City Council may deny approval of the proposed Road Abandonment, based on appropriate findings. To deny an application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The City Council may continue the action and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ATTACHMENTS: Attachment A - Location Map Attachment B - Zoning/General Plan maps Attachment C - Existing Location of Atascadero Avenue/San Andres Avenue • Attachment D - Draft City Council Resolution Exhibit A - Site Plan Exhibit B -Notice of Exemption i 099 ITEM NUMBER: B- 1 DATE: 08/13/2002 ATTACHMENT A • Road Abandonment 2001-0008 Location Map Atascadero Avenue Colony Right-of-way Burbach/Wilson Land Surveys Project Location y S • ITEM NUMBER: B- 1 DATE: 08/13/2002 • General Plan & Zonin2 Map General Plan Designation: Retail Commercial Zoning Designation: Commercial Retail \Y � r r x L 1F v1D F D r �.m H. A � • 101 ITEM NUMBER: B- 1 DATE: 08/13/2002 ATTACHMENT C • Road Abandonment 2001-0008 Existing Location of Atascadero Avenue Atascadero Avenue Colony Right-of-way Burbach/Wilson Land Surveys a AV C', '� h. PrnnnsP(l Rn;;i AhandnnmPnt44 t e� ;t b 4 r is cy Cb .✓ i Previous Road r °4 Abandonment Section Not r ✓f Recorded- Included in the ca current proposalAS 23, cc �,.` s ,. t ,• g �.r+ (>�, M a z • 102 ITEM NUMBER: B- 1 DATE: 08/13/2002 • ATTACHMENT D Draft City Council Resolution Portion of Right-of-Way near Atascadero Avenue and San Andres Avenue Burbach!Wilson Land Surveys DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING AN UNIMPROVED PORTION OF RIGHT-OF-WAY NEAR ATASCADERO AVENUE AND SAN ANDRES AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. (Road Abandonment 2001-0008/Wilson Land Surveys/Burbach) WHEREAS, Dwayne Burbach, 12605 Santa Rosa Road, Atascadero (Owner / Applicant), applied for a Road Abandonment to abandon a portion of the Atascadero Avenue right-of-way; and • WHEREAS, the proposed project area has a General Plan Designation of Retail Commercial and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the portion of the right-of way near Atascadero Avenue and San Andres Avenue, as shown on the attached Exhibit A, has never been improved and has been impassable for vehicular travel for a period of five consecutive years, and no public money has been expended for maintenance on the street during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on May 21, 2002 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Road Abandonment on July 9, 2002 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Notice of Exemption. The City Council finds that the proposed project is exempt from the California Environmental Quality Act under the General Rule Exemption • (CEQA State Guidelines, Section 15061.b.3). ITEM NUMBER: B- 1 DATE: 08/13/2002 SECTION 2. Findings of Approval. The City Council finds as follows: I. The proposed project is consistent with the General Plan. 2. The portion of right-of-way near Atascadero Avenue and San Andres Avenue proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment 2001-0008 as shown on Exhibit A and based on Exhibit B -Notice of Exemption. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: By: J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • JL ITEM NUMBER: B- 1 DATE: 08/13/2002 Exhibit A Resolution PC 2002-0026 Road Abandonment 2001-0008 Site Plan Atascadero Avenue Colony Right-of-way Burbach/Wilson Land Surveys t • t • ITEM NUMBER: B- 1 DATE: 08/13/2002 CITY OF ATASCADER0 .99 NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5035 TO: ❑ County Clerk, County of San Luis Obispo ❑ Office of Planning and Research(If the project requires state approval) 1400 Tenth Street Sacramento,CA 95814 FROM: Glenn Rider,Assistant Planner City of Atascadero SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Road Abandonment#2001-0008 Project Title 7955 San Andres Avenue Atascadero.93422 San Luis Obispo County Project Location(Include County) Abandonment of an unused portion of right-of-way at the intersection of Atascadero Avenue and San Andres Avenue Project Description City of Atascadero Name of Public Agency Approving Project Glenn Rider,Assistant Planner Name of Person or Agency Carrying Out Project Exempt Status: ❑ Ministerial(Sec. 15073) ❑ Declared Emergency(Sec. 15061 (a)) ❑ Emergency Project(Sec. 1507(b)and(e)) ® General Rule Exemption (Sec. 15061.c) Reasons why project is exempt: It can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment Contact Person:Glenn Rider 5.14.02 Date Signature Date Received for Filing Title 3 l)� ITEM NUMBER: B-2 DATE: 08/13/2002 s ■i® i 11 19 ° 1 107-9 Atascadero City Council Staff Report- Fire Department Confirming the Cost of Vegetative Growth and/or Refuse Abatement RECOMMENDATION: City Council adopt the Draft Resolution, confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. DISCUSSION: On April 23, Council adopted Resolution No. 2002-011, declaring vegetative growth and/or • refuse a public nuisance, and authorized the Fire Chief to proceed with the abatement process. On May 3, notices were mailed to property owners, informing them of the City's abatement requirements. On May 28, a public hearing was held. In addition, Jack R. Bridwell was awarded the contract for abatement of parcels that were not in compliance upon arrival following the June 7 deadline. An itemized list of the abatement assessments were posted by fiscal year with the City Clerk and at the Fire Department— Station #1 on August 1. A total of 88 parcels were abated, including 6 parcels abated during the year-round. FISCAL IMPACT: No direct fiscal impact. The year-round abatement contractor costs totaled $529, with $1,058 to be recovered through assessments placed on property tax bills. The contractor costs for the 2002- 2003 weed/refuse abatement totaled $13,870,with$27,740 recovered through assessments. ALTERNATIVE: No alternative recommended. • ATTACHMENTS: Draft Resolution Abatement Assessments 07 DRAFT RESOLUTION • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CONFIRMING THE COST OF VEGETATIVE GROWTH AND/OR REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth(weeds) and refuse (rubbish) abatement; and WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq.; and WHEREAS, the cost of the work of abatement, including a 100% administrative fee, as shown on the Preliminary Special Tax Listing for 2002/2003 Tax Roll was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement; NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed • as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be lien on the property in accordance with Government Code Section 39577; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: • 108 • CIT`' OF ATASCADERO By: J. MICHAEL ARRAMBIDE, Mayor ATTEST: MARCIA McCLURE TORGERSON, City Clerk APPROVED AS TO FORM: • ROY A. HANLEY, City Attorney • CD 0 0 0 0 0 c o o c d M r- r- � O M 00 Cj N M to N N N N O N � • d N' N, Q c� F EF} EA E9 69. O O O O p C p O O' N N N N N N N N N O u= U bre 0 0 0 0 0 0 0 0 0 0 0 N M co Ln L N N N N O O U }a�, c � CD � 'a o Q E Cc N M d O a o 0 0 0 C o C o CD c' N N d r 00 w m 00CD o o a d Qd > r- M M M N Goi A �' �- N N m N r r U) LL d c3 O E w = LL. L cc C'4 Q n. N OC 69 EF} 40 60- QN 0 0 0 CD 0 o c o 0 CD O 0 N 00 00 00 00 O C .... o C5C M M M r N CV: to N sem. p N r r- LO � 0 E9 60-CD 0p m Nr M d7 Ln O tL j m I- N Y O Y r Y ,. 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O O O O O O O O O O O O O O O O C O L!7 Cfl Cfl d' C) M M - CO N N O M 14- C C () N N r N r N N r N N V-Lf)M r r I- co N C V N 0 C O CD U N O) 00 O O M N M O �T � LO N M "- M M O � N O O O o o O O o O O O Y i i 1 O O O O O O YOZ p Q O CO M M M Cfl CO M Cfl "T M m CO M 0 00 r O ' m N ..r O O O r M _ LLQ L6 6 6 Ln 6 6 6 6 Lo Lo CO CO CO 0 m Rf LO LO 0 m LO LO LO Ln LO Ln Lo yam, LC) LO Lf) LO Ln L O O O O O o O O o O O FO O O o O O 0C7 p E: O O O O O o O O O O O o O O O o • �0+ Lf) Ln M M ti � 0 m LO 00 m M 00 N N 00 d 43), N N N N N N N N N N N N N �- ti ti ti ti ti Qo o O O O O O o O O O Y O O O O O O X16 ITEM NUMBER: C- 1 DATE: 08/13/2002 Atascadero City Council Report - City Clerk Marcia McClure Torgerson City Council Meeting Minutes RECOMMENDATION: City Council direct the City Clerk to list in the minutes all documents submitted by the public during Council meetings that are either read into the record or referred to in their statement, and file all the listed documents in the City Clerk's office. DISCUSSION: The City Council directed the City Clerk at their July 9, 2002 meeting to bring back the issue of City Council meeting minutes and what documents should be attached. A member of the public • had expressed to the Council her concern that all documents submitted during a Council meeting were not being attached to the minutes and were subsequently not part of the record. Atascadero does not have a written policy concerning the format of Council meeting minutes. Historically, for at least the last twelve years, the City Clerk has attached to the minutes any prepared statements that were read into the record and any document a citizen referred to in their statements to the Council (neighborhood petition, photographs, etc.). Any other documents received by the City Clerk during the meetings have been considered Council correspondence and are copied to each Council Member in their next day's mail. The one exception to this practice was the Special Meeting - General Plan Update Workshop of April 8, 2002. Many of the citizens that spoke also submitted their statements in writing. Furthermore, the deadline for the public to submit written comments on the General Plan Draft EIR was April 12th. Many citizens also submitted their written comments concerning the Draft EIR to the City Clerk on the night of the workshop. The City Clerk attached all statements to the minutes of that Special Meeting: those read into the record of the Special Meeting and those submitted as comments concerning the Draft EIR. The minutes of a Council meeting are only part of the record of that meeting. The "record" of a project/issue is all of the information collected by the City concerning that project/issue. For example, the record of a project may include the Community Development file, the Public Works file, meeting minutes, Council correspondence pertaining to the project/issue, etc. 117 ITEM NUMBER: C- 1 DATE: 08/13/2002 The City Clerk contacted the other cities in San Luis Obispo County to review their minute • preparation process. All six cities do not attach any statements submitted at Council meetings. The submitted documents are noted in the minutes (i.e. "Letter concerning Item #13-1 from Jane Doe, dated April 8, 2002"), and filed in the City Clerk's office. This method would streamline our process in Atascadero. It would also be a small cost savings in staff time and permanent record paper. The public would still have access to these documents and the documents would be part of the record for their project/issue. FISCAL IMPACT: A small cost savings in staff time and permanent record paper. ALTERNATIVES: 1. The City Council may direct the City Clerk to continue attaching to the minutes only those documents read into the record of the meeting or referred to by a speaker. 2. The City Council may direct the City Clerk to attach to the minutes all documents submitted during a meeting. Attaching documents that were not read or referred to during the meeting will not reflect a true record of the meeting. ITEM NUMBER: C-2 DATE: 08/13/2002 min 1i®: 1918 19 9 Atascadero City Council Staff Report— Public Works Department Ataseadero Road Program RECOMMENDATIONS: City Council: 1) Receive an updated report on the Atascadero Road Program. 2) Direct Staff to use the "Worst First Approach" on Local Road Rehabilitation Projects and to start on the roads of River Gardens and Amapoa Ave. • DISCUSSION: Ataseadero Road Program Update Many of Atascadero's road projects are moving forward. Attached is a revised Atascadero Road Program Map and List of Circulation Plan Roads (See Attachment A & B). Listed below are the highlights of the projects. • Santa Ysabel Rehabilitation, Curbaril Ave to State Route 41 This project has started construction. Utilities are currently being relocated. The next line of work will be storm drain installation. Grading and site work for the new sidewalk and paving will take place in September. • Road Rehabilitation Project 2002-2003 This project is on this Council Agenda for award. The project will start in August after City Council award. Listed below are the proposed roads to be rehabilitated: ❑ Curbaril from El Camino Real to Highway 101 (grind and repave). • ❑ El Camino Real at Viejo Camino (Install drainage structures and repair intersection) ITEM NUMBER: C-2 DATE: 08/13/2002 ❑ West Mall from El Camino Real to Lewis Ave and from east of Olmeda Ave to Capistrano (grind and repave, curb and gutter, drainage structures, and handicap ramps.). The stretch of • West Mall by Atascadero Junior High is not included in this project due to the School District concerns with construction conflicts with students and parents. ❑ Capistrano from West Mall to Sycamore (grind and repave with drainage structures). ❑ Sycamore from Capistrano to North of County Yard (Cape Seal). ❑ Sycamore from North of County Yard to Curbaril (grind and repave). ❑ San Anselmo from Highway 101 to Monterey(grind and repave). ❑ Santa Lucia from Ardilla to Santa Ana(Cape Seal). ❑ Ensenada from Capistrano to Via Bridge (overlay with minor drainage repairs). ❑ Santa Rosa from El Camino Real to Highway 101 (grind and repave). • Assessment Districts Staff is moving forward on assisting neighborhoods in the formation of Assessment Districts to maintain roads. The first Public Information Meeting on Assessment Districts was held on March 25, 2002 in the City Council Chambers. The meeting was attended by more than 120 residents. In the meeting staff explained the Assessment District process, the assistance staff will offer and the up front funding available for the design of the improvements, Engineers Report and Bond Council. Staff took sign ups of residents interested in having a neighborhood meeting to learn more about the process for an individual neighborhood. Neighborhood meetings on Ortega Road, Santa Cruz Road, Azucena Ave, Encinal Ave, El Descanso, Pinal and Cortina Ave. Calls have been received • from residences on Seperado Ave, Hermosillia Ave, Lobos Ave, Manzanita Ave about Assessment Districts. Petitions have been returned signed by more than 60% of the residences on Aurora, Cortina and Ortega stating that they are interested in moving to the next step of the assessment district process. The approximate total cost for the design and construction of improvements on these roads is $250,000.00. This is one quarter of the way to the goal of $1,000,000.00 worth of improvements in order to make the sale of bonds for assessment districts cost effective. Staff will be following up with interested parties to encourage the return of petitions, answer question and hold more neighborhood meetings as needed. When staff has completed the work with interested neighborhoods, we will report back to Council on the program and look for further direction. • Santa Cruz Road Improvements Public Works is working to complete the design of Santa Cruz Road Extension, Carrizo Road to El Camino Real. The project entails paving the road and adding drainage improvements. The project must be awarded by January 4, 2003 due to funding constraints. 120 ITEM NUMBER: C-2 DATE: 08/13/2002 Staff has had three neighborhood meetings to gain input into the design. The number one concern Sof the residences of this section of Santa Cruz is traffic calming. The design has been revised to add the following requested features: ❑ Road narrowed from 32 ft to 28 ft. ❑ Remove bikelanes. ❑ Remove truck route designation. ❑ Pull road surface away from residences near the "curve". ❑ Reduce posted speed on El Camino Real near intersection to 40 mph. ❑ Post speed limit as 35 mph. ❑ Police Speed patrol and radar trailer after construction is complete. Local Road Paving The Public Works Department has purchased a paving machine and related equipment to overlay local roads. The paving machine will be used to pave approximately 1 mile of local road annually. The purchase of asphalt and other materials will be funded from the Public Works Street Maintenance Operating Supplies. Contract services required during paving will be funded out of the Public Works Street Contract Services. Contract services required during paving will include street sweeping, water truck rental and tack coat application. Staff is preparing the equipment to begin paving in September and October. • Atascadero has 76 miles of City Maintained Local Roads (See Attachment "C "). Many of them are in need of repair and maintenance. Which roads do you pave first? There are 3 types of maintenance strategies typically used. They are summarized below: ♦ Worst First Approach— The intent of this strategy is to rehabilitate the roads that are in poor condition first. Projects are prioritized solely on the condition of the roadway with the worst roads given the highest priority. ♦ Worst Last Approach — The intent of this strategy is to maintain the roads that are in good condition to prevent them from deteriorating to the point where more costly types of rehabilitation are required. Projects are prioritized solely on the condition of the roadway with the best roads given the highest priority. ♦ Cost Benefit Approach — The intent of this strategy is to maintain the roads with the higher traffic volumes in good condition to prevent them from deteriorating to the point where more costly types of rehabilitation are required. Many local roads are in poor condition and in need of an overlay. Staff is in the process rating all the local roads asphalt condition. Traffic control for paving of local roads is difficult and labor intensive due to poor sight distance and narrow driving surface. This will be taken into consideration when selecting roads to pave. • 12l ITEM NUMBER: C-2 DATE: 08/13/2002 The "Worst Last Approach and the "Cost Benefit Approach" are both strategies to try to save roads asphalt before they need reconstruction or overlay. The local road-paving program is for overlays only. The "Worst First Approach" is recommended in this case. This approach will make the most impact on local roads. Listed below are the roads that staff recommends the local road-paving program start with: 1. River Gardens (Sycamore Road, Hidalgo Ave, Buena Ave, Escalon Place) The scope of the work is grading for drainage improvements, clean the road, and apply asphalt leveling course and two-inch overlay. 2. Amapoa Ave. The proposed work area on Amapoa Avenue is at a large drainage hole in the middle of the road. The hole has caused this section of road to become impassable. Emergency vehicles and residence access is impeded by the hole. The scope of the work is to clean the hole out, add base and pave. A berm will be added to the east side of the road to control future drainage. Amapoa is a non-city maintained road. Staff is recommending this work be completed based on emergency access issues. The City Attorney has said that this work will not expose the City to future liability to maintain the road since it is for emergency access. Staff will report back to Council when the Local Road Maintenance List is completed. • FISCAL IMPACT: The cost to pave River Gardens is approximately $50,000.00 and the Amapoa Ave hole repair is approximately $6,000.00. These funds will come from Public Works Street Maintenance Operating Supplies and Contract Services accounts. ALTERNATIVE: Local Road Paving: Council could direct staff to work on a specific road or could request staff come back with a complete priority list for local road rehabilitation. ATTACHMENTS: Attachment A—Atascadero Road Program Map Attachment B—List of Circulation Plan Roads Attachment C—Local Road Lists • 122 AD PROGRAM UMMER 2002 z ; .y i � \ f v e. I1 LEGEND COMPLETED REHABIUTATION PROJECT u r j o` �.,N,j YP. r° ' PROGRAMMED REHABILITATION PROJECT Aye. !1 %/y �,4 "<-1i\ l d SUMMER 2002 PAVING PROJECT x� DESIGN COMPLETED MAINTENANCE DISTRICT PROJECT CIRCULATION PLAN ROADS CITY MAINTAINED ROADS J. r NON—CITY MAINTAINED ROADS l r—Ofi UNBUILT ROADS 1(( STATE HIGHWAY CITY LIMITS m 0 m N y N W N N d 'a N (a . 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'�°5=o ac iii) °U(D <— V �-t o O ni m` n°_I�m � c am i is �= R o I r- o ° > m Tv° ° °IX C- 2-0 o al m r ° w wUU° o o °Q °� 0a u 0 0- vU� `m r E E �d N w02 �j .D m O C E T O OCA o 0 °c w w�, c m N O N V N T p 0 0 0 0 >.>. w c a� mm £ w .ctY ° ° o� E E m � <C.) m �m m E o o m o o m.v rnQ M � C'1 m�w .210LL mp (Dpmm mmop m 0] U oc� � m'Q :3n owl tt 1a g'o m m m m mV tca _C as o m o� o mUU� cm mom° 010 mV o a m `m o o w$ o o > p mzmu) Cowin O W CA2U2 CAdNdCAW W W ZU cwn5 AQ 2Q U WJ r2Umaaom m w QU d Z > > o Q Qv° Q D 2Q S $ o o m o-E o o B o 0 m o o 0 � m o m �•� w w E c m y wa O 2w- 2 0 o ° Us C w w TTas M E m V m 0'0 al'o w m } -0 m •� m m m LL•c -C7•--1 'C Q y C Q'° N .r w m d E•- - m - o-)E 1 g LL m m w m c C9 €� D� o mQ > oda ° C� to �m� c E OE m E W O�alz to ° mUm0 (aas mom � D00m � 0 'a as v � mmooRml� al M yco0 U) con W CAmCAQCA 000CL9) 0 WCA UJ C7SCA000UCACA 0L) U) Z 1 0 25 ATTACHMENT C Maintained Local Roads Length Street Segment (miles) Alamo Dolores to Honda 0.55 Alcantara Marchant to Marchant 0.22 Alegre Atascadero Road to end 0.08 Alturas Balboa to Del Rio 1.04 Amargon Falda to San Anselmo 0.32 Andrita Sierra Vista to Casanova 0.10 Arcade EI Camino Real to EI Corte 0.35 Ardilla Monterey to south of Balboa 0.70 Ardilla Atascadero Mail to San Anselmo 1.01 Arena San Benito to Yerba 0.65 Arizona Estrada to San Jacinto 0.37 Arroyo Gancho to Rosario 0.19 Ash Street EI Camino Real to Catalpa 0.08 Bajada Traffic Way to Dulzura 0.33 Balboa Graves Creek to San Fernando 1.33 Barranco Carmelita to end 0.58 Barranco Heights Barranco to Lucinda Lane 0.11 Barrenda Alamo to Traffic Way 0.42 Bella Vista San Marcos to end 0.74 Birch Catalpa to end 0.05 Buena Miramon to end 0.16 Cabrillo Ensenada to Capistrano 0.32 Capistrano West Mall to Santa Ysabel 0.32 Carmelita San Andres to Curbaril 0.46 Carrizo Traffic Way to EI Camino Real 0.56 Casanova Andrita to Carmelita 0.60 Cascabel Santa Lucia to Ardilla 0.69 Cascada El Centro to EI Camino Real 0.09 Castano Maleza to Palomar 0.55 Castenada Lane Toloso to end 0.20 Catalpa San Rafael to end 0.23 Cebada Santa Ana to end 0.30 Cemetery Capistrano to Mercedes 0.15 Cenegal Laurel to end 1.08 Chandler Lane San Rafael to end 0.10 Chico Traffic Way to Del Rio 0.20 Colima San Benito to San Anselmo 0.61 Colorado San Rafael to San Diego 0.50 Conejo Ramona to end 0.15 Coromar Marchant to Portola 0.72 Corona Santa Ana to end 0.76 Corriente San Fernando to end 0.76 Corriente Llano to end 0.14 Cortez Maleza to end 0.49 Country Club Capistrano to Mercedes 0.13 Cristobal San Andres to Curbaril 0.41 Cuesta Court San Rafael to end 0.13 • Del Rio San Gregorio to San Gregorio 1.70 12 Devon Court Santa Ynez to end 0.05 Dolores San Anselmo to Traffic Way 0.96 Dulzura Gancho to Fresno 0.59 East Front San Gabriel to Santa Rosa 0.38 East Mall EI Camino Real to Lewis 0.15 EI Centro Arcade to Cascada 0.07 El Corte Arcade to La Linea 0.29 EI Dorado Arcade to La Linea 0.24 EI Monte Santa Lucia to City Limits 0.76 EI Verano Dolores to Vida 0.51 Enchanto Balboa to end 0.49 Ensenada Capistrano to Capistrano 0.42 Entrada Lewis to EI Camino Real 0.15 Escalon Miramon to Hildago 0.08 Estrada San Ansemo to San Jacinto 0.37 Falda San Benito to Amargon 0.30 Flores Santa Lucia to Los Gatos 0.21 Fresno San Jacinto to Rosario 0.34 Gabarda Curbaril to Wastewater Plant 0.44 Gancho Dolores to Rosario 0.46 Garcero Santa Ana to end 0.45 Garcia Santa Cruz to east end 0.61 Graves Creek San Fernando to Santa Ana 0.38 Hermosa Navarette to San Clemente 0.19 Hermosilla Cayucos to San Jacinto 0.30 Hildago Sycamore to Sycamore 0.35 Honda Traffic Way to Bajada 0.30 Junipero EI Camino Real to end 0.68 La Canada Del Rio to end 0.28 La Linea EI Corte to State Route 101 0.46 La Luz San Benito to Arena 0.46 La Paz Atascadero Road to end 0.27 Lake View Portola to Santa Rosa 0.47 Las Lomas EI Bordo to end 0.45 Laurel Santa Lucia to end 0.43 Lewis Traffic to East Mall 0.38 Liga Arena to Amargon 0.18 Llano Santa Lucia west to Balboa 1.61 Lomitas Santa Lucia to end 0.99 Los Gatos Santa Lucia to end 0.48 Los Osos San Rafael to Old Morro Road East 1.14 Lucinda Lane Entire length 0.35 Magdelena Cemetery to Mercedes 0.22 Magnolia Capistrano to Mercedes 0.27 Maleza Castano to Cortez 0.08 Maple EI Camino Real to Catalpa 0.08 Marchant Morro Road to Portola 1.37 Marchant Way Pismo to Santa Rosa 0.33 Madcopa San Anselmo to end 0.54 Mariquita Rosario to Olmeda 0.26 Miramon Sycamore to Sycamore 0.48 • 1�� Monita San Gabriel to Sierra Vista 0.19 Montecito Las Lomas to East Front 0.16 Monterey Court Monterey to end 0.09 Mountain View Portola to Santa Rosa 0.46 Musselman EI Camino Real to end 0.27 Nacimiento Atascadero Mall to end 0.11 Navajoa Santa Ynez to Curbaril 0.79 Navarette San Marcos to Santa Lucia 0.59 Navidad EI Verano to Vida 0.21 Nogales Dolores to Dulzura 0.78 Obispo Traffic Way to Del Rio 0.63 Old Morro Road Morro Road to Morro Road 1.64 Old Morro Road East Morro Road to Morro Road 0.43 Olmeda San Jacinto to West Mall 0.76 Palma San Jacinto To East Mall 0.81 Palomar Yesal to EI Camino Real 0.97 Paseo Pacifico Santa Cruz to end 0.13 Pinewood Court Catalpa to end 0.05 Pino Solo La Linea to Principal 0.33 Plata Lane EI Camino Real to end 0.09 Potrero Traffic Way to Del Rio 0.34 Prado Court San Rafael to end 0.09 Principal EI Camino Real to Las Lomas 0.15 Pueblo Sombrilla to San Luis Avenue 0.34 Ramona Del Rio to Monterey 1.17 Rayar Lomitas to Nudoso 0.06 • Ridgeway Court Rosario to end 0.04 Robles Santa Ysabel to Sombrilla 0.09 San Andres Atascadero Avenue to Marchant 0.27 San Ardo Arena to Dolores 0.23 San Clemente San Marcos to San Marcos 0.44 San Diego Road Atascadero Road to State Route 101 0.59 San Diego Road San Dimas to City Limits 0.52 San Diego Way EI Camino Real to State Route 101 0.24 San Dimas Lane Los Osos to end 0.10 San Dimas Road Los Osos to San Diego Road 0.66 San Gregorio Garcia to Santa Ana 2.37 San Guillermo San Gabriel to end 0.17 San Lucas EI Monte to end 0.21 San Luis Avenue Pueblo to Curbaril 0.23 San Palo San Anselmo to Ardilla 0.47 San Pedro Gancho to Alamo 0.19 San Rafael EI Camino Real to State Route 101 0.12 San Rafael Atascadero Road to West Front 0.51 San Rafael San Gabriel to Los Osos 0.46 San Ramon Del Rio to Caltrans right of way 0.28 San Vincente Dolores to San Jacinto 0.31 Santa Ana Santa Cruz to Lot 10 0.30 Santa Ana Santa Lucia to Balboa 2.46 Santa Fe EI Corte to EI Dorado 0.12 • Santa Ynez Morro Road to Morro Road 1.14 i2 Serra Atascadero Avenue to San Andres 0.17 Sierra Vista Monita to San Marcos 0.31 Sinaloa Curbaril to Pueblo 0.24 Solano EI Camino Real to La Linea 0.15 Sombrilla Curbaril to end 0.64 Sycamore Capistrano to Miramon 0.85 Tampico Gabarda to end 0.33 Tecolote Llano to gate 0.08 Toloso San Dimas to City Limits 0.44 Tunitas Bajada to Traffic Way 0.36 Valle Palomar to end 1.15 Venado Santa Lucia to Ardilla 0.78 Via Traffic Way to Ensenada 0.13 Vida Nogales to San Jacinto 0.64 Violeta Santa Lucia to Aguila 0.30 Vista San Marcos to Ibsen Tract 0.28 West Front Portola to State Route 101 0.96 Willow EI Camino Real to end 0.02 Yerba Estrada to Dolores 0.29 Yesal Curbaril to Castano 0.21 TOTAL 76.31 • • 12 ITEM NUMBER: E—2a DATE: 08/13/2002 i 19"- is�s Atascadero City Council Marcia McClure Torgerson, City Clerk Designation of Voting Delegate - League of California Cities' Annual Conference RECOMMENDATION: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2002 and direct the City Clerk to inform the League of the designation. DISCUSSION: Thisg Y ear's League of California Cities' Annual Conference is scheduled for Wednesday, October 2, through Saturday, October 5, 2002 in Long Beach, California. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. FISCAL IMPACT: None