HomeMy WebLinkAbout011111 - Agenda Packet 011111 ARCHIVE COPY
CITY CLERK
CITY OF ATASCADER0
- CITY COUNCIL
AGENDA
Tuesday, January 11, 2011
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
6:00 P.M.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Kelley
Council Member Clay
Council Member Fonzi
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
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draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Meeting Draft Action Minutes — December 14, 2010
■ Recommendation: Council approve the City Council Meeting Draft
Action Minutes of December 14, 2010. [City Clerk]
2. City Council 2011 Meeting Schedule (Revised)
■ Fiscal Impact: None.
■ Recommendation: Council approve the revised City Council meeting
schedule for 2011 .[City Manager]
3. Traffic Signal Maintenance Services Award
■ Fiscal Impact: $1,428.00 per month between January 1 , 2011, and
January 3, 2014.
■ Recommendation: Council authorize the City Manager to execute a
contract with Lee Wilson Electric in the amount of $ 51 ,408.00 to provide
monthly traffic signal maintenance services for three years. [Public
Works]
4. Las Lomas Landscape and Lighting District - Landscape Maintenance
Services Award
■ Fiscal Impact: The City's share for Open Space Maintenance is
currently estimated at $1,800.00 per year.
■ Recommendation: Council authorize the City Manager to execute an
agreement with Madrone Landscapes, Inc., in the amount of $47,292.00
for annual landscape maintenance services in the Las Lomas
Landscape and Lighting Assessment District. [Public Works]
5. Reiect Streetscape Phase III Bids (City Bid No. 2009-014)
■ Fiscal Impact: The fiscal impact of rejecting the bids is minimal as there
are no changes to the existing plans, specifications and contracts which
have already been developed. Minor staff time and minimal
advertisement costs will be the only proposed expenses to re-bid the
project.
■ Recommendations: Council:
1. Reject all bids for the Streetscape Phase III project; and,
2. Authorize the Public Works Director to re-bid the project. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. The Council may take action to direct the staff
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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.)
B. PUBLIC HEARINGS:
1. Second Reading Title 4 / Title 8 Local Building Code and Fire
Protection Code Adoption (City of Atascadero)
■ Ex Parte Communications:
■ Fiscal Impact: There are no significant fiscal impacts.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A, repealing Title 8 (Building Regulations) and Chapter 7 of
Title 4 (Fire Code), and amending Title 8 and Chapter 7 of Title 4 of the
Municipal Code to adopt and amend the latest editions of the
Construction and Fire Codes, and adopt findings of facts to support the
imposition of requirements greater than the requirements established by
or pursuant to the California Building Standards Code. [Community
Development]
C. MANAGEMENT REPORTS:
1. Eagle Ranch Annexation and Specific Plan EIR Consultant
Qualification Listing
■ Fiscal Impact: None. The entire EIR consultant contract will be funded
by the project applicant.
■ Recommendations: Council:
1. Approve Exhibit A, ranking the top three qualified consultants to
prepare an environmental impact report for the Eagle Ranch Specific
Plan; and,
2. Authorize the City Manager to negotiate and execute a contract with
Michael Brandman & Associates, the number one ranked consultant.
If an acceptable contract cannot be reached, the City Manager is
authorized to negotiate with the next qualified consultant on the list.
[Community Development]
2. Historic City Hall Project Contract Awards: ACH-01 Deputy Inspection
Services, and Hazardous Materials Consultant Services, and
Construction Management/ Pro'ect Management Services
g I g
■ Fiscal Impact: The fiscal impact of the three recommended contracts
total $3,338,872.00 in budgeted funds from the Historic City Hall
Rehabilitation Fund.
■ Recommendations: Council authorize the City Manager to:
1. Execute a contract with Earth Systems Pacific in the amount of
$386,991 for the ACH-01 Deputy Inspection Services for the Historic
City Hall Project; and,
2. Execute a contract addendum with Meca Consulting, Inc. (dba
Millennium Consulting Associates) in the amount of $75,319 for
Phase 3 of Hazardous Materials Abatement Consulting and
Monitoring Services for the Historic City Hall Project; and,
3
3. Execute a contract addendum with Bernards in the amount of
$2,876,562 for the remaining Construction Management / Project
Management services for the Historic City Hall Project.
[Administrative Services]
3. Strategic Planning 2011 - Finance Issues
■ Fiscal Impact: None.
■ Recommendation: Council review and accept report. [Administrative
Services]
4. Strategic Planning 2011 — Staffing and Labor Issues
■ Fiscal Impact: None.
■ Recommendation: Council review this staff report and provide direction
to staff. [City Manager's Office]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. City/ Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. League of California Cities — CITIPAC Board Member
5. SLO Council of Governments, President (SLOCOG)
6. SLO Regional Transit Authority, President (SLORTA)
Mayor Pro Tem Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Finance Committee
3. City of Atascadero Design Review Committee
4. Economic Vitality Corporation, Board of Directors (EVC)
5. Homeless Services Oversight Council
Council Member Clay
1. Atascadero Youth Task Force
4
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Finance Committee
3. City of Atascadero Design Review Committee
Council Member Sturtevant
1. City/ Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND/ OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the January 11, 2011 Regular Session of the Atascadero City Council was
posted on January 4, 2011, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 4 mday of January, 2011, at Atascadero, California.
r
Victoria Randall, Deputy City Clerk
City of Atascadero
5
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are videotaped
and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact
the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the may Agenda be brought to the Council's attention. A maximum of 30 minutes will be
9 Y 9
allowed for Community Forum (unless changed by the Council).
TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting.. Digital presentations must be brought to the meeting on a USB drive or CD. You are required
to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before
the meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
6
ITEM NUMBER: A - 1
DATE: 1/11/11
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CADET ,
CITY OF ATASCADF'RO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, December 14, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
Community Redevelopment Agency
Meeting: 6:00 P.M.
City Council
Regular Session: Immediately following the
conclusion of the Community
Redevelopment Agency
meeting
REDEVELOPMENT AGENCY: 6:00 P.M.
REGULAR SESSION — CALL TO ORDER: Immediately following the conclusion
of the Community Redevelopment
Agency meeting
Mayor Fonzi called the meeting to order at 7:05 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Beraud and Mayor Fonzi
CC Draft Action Minutes 12/14/10
Page 1 of 8
7
ITEM NUMBER: A - 1
DATE: 1/11/11
ont: Council Member Kelley
Otner:� Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson
Safi Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian
Pierik.
APPROVAL OF AGENDA: Roll Call
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve the agenda.
Motion passed 4:0 by a roll-call vote.
Mays:;- Fonzi shared some highlights of the City's accomplishments during 2010, using a
Powcri='oint presentation.
A. CONSENT CALENDAR:
1. City Council Meeting Draft Action Minutes — November 23, 2010
■ Recommendation: Council approve the City Council Meeting Draft
Action Minutes of November 23, 2010. [City Clerk]
Reciting the Fact of the General Municipal Election Held on November
2, 2010.
■ Fiscal Impact: None.
■ Recommendation: Council adopt the Draft Resolution, reciting the fact
of the General Municipal Election held on November 2, 2010, declaring
the result and such other matters as provided by law. [City Clerk]
3. City Council 2011 Meeting Schedule
■ Fiscal Impact: None.
■ Recommendation: Council approve City Council meeting schedule for
2011 . [City Clerk]
4. October 2010 Accounts Payable and Payroll
■ Fiscal Impact: $2,325,932.96.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2010. [Administrative
Services]
G".;
ITEM NUMBER: A- 1
DATE: 1/11/11
5. Parks & Recreation Commission Youth Representative Appointment
■ Fiscal Impact: None.
■ Recommendation: Sub-committee recommends:
Council appoint Luke Thek to the Parks & Recreation Commission's
Youth Representative position. [City Clerk]
6. Final Map 2010-0174 (Parcel Map AT 03-0258) 5190 Portola Road (TPM
2004-0057) Ed Nolan
■ Fiscal Impact: None.
■ Recommendations: Council:
1 . Adopt and approve Final Parcel Map 2010-0174 (Parcel Map AT
03-0258); and,
2. Authorize and direct the City Clerk to endorse the Council's
approval on the Map. [Public Works]
7. Wastewater Treatment Plant Head-works/Bar-screen Project Design
Award
■ Fiscal Impact: Approval of this agreement will result in the expenditure
of $99,000.00 previously budgeted Wastewater funds for this capital
improvement project.
■ Recommendation: City Council authorize the City Manager to execute
an agreement with AECOM Inc. in the amount of $ 99,000.00, for
engineering design to prepare working drawings, plans and specification
for a pre-screening facility at the head-works of the Atascadero
Wastewater Treatment Plant. [Public Works]
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve the Consent Calendar.
Motion passed 4:0 by a roll-call vote. (#A-2: Resolution No.
2010-076, #A-7: Contract No. 2010-023)
OATHS OF OFFICE:
1. Administration of Oaths of Office — Newly-elected Council Members
Tom O'Malley and Brian Sturtevant, City Clerk Marcia McClure
Torgerson, and City Treasurer Joseph Modica will be sworn in by
Deputy City Clerk, Victoria Randall.
Deputy City Clerk Victoria Randall administered the Oaths of Office.
PRESENTATION:
1. Presentation to Outgoing Council Member Ellen Beraud
CC Draft Action Minutes 12/14/10
Page 3 of 8
9
ITEM NUMBER: A- 1
DATE: 1/11/11
Mayor Fonzi presented an engraved obelisk to outgoing Council Member Beraud
expressing appreciation for her service.
:7'E` °ESS: The Mayor called a recess for the City Council reception.
7(-'7ONVENE: The Mayor reconvened the City Council at the conclusion of the
Council reception.
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
GOMMUNITY FORUM:
T-I oc following citizens spoke during Community Forum: Jim Patterson, Grenda Ernst,
teve Martin, and Joanne Main.
r',,ayor Fonzi closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. New 2010 California Building and Fire Codes
a. Supplemental Report -Response to Questions from City Council
Concerning Recommended Fire Code Modifications
■ Ex Parte Communications:
■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of
the new building codes as recommended by staff.
If the City Council directs staff to make the sprinkler requirements less
restrictive than recommended, the size and frequency of fires could
increase along with the duration of time staff is committed on these fires,
which will result in increased use of overtime.
■ Recommendation: Council accept Staff's original recommendation on
sprinkler requirements, as proposed in the staff report heard by the
Council on November 23, 2010. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PJBLIC COMMENT: None
CC' Draft Action Minutes 12/14/10
°age 4 of 8
I C,
ITEM NUMBER: A- 1
DATE: 1/11/11
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to amend the proposed Ordinance with the following
exception under Title 4 regarding sprinklers: Group U
occupancy buildings that are open on at least three sides and
not greater than 3,000 square feet.
Motion passed 4:0 by a roll-call vote.
b. Adoption of New 2010 California Building Codes; Modifications to
Atascadero Municipal Code: Title 8 Building Regulations and
Adoption of the New 2010 California Fire Code; Modifications to the
Atascadero Municipal Code: Title 4 Fire Regulations
■ Ex Parte Communications:
■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of
the new building codes.
■ Recommendation: Council introduce for first reading by title only, Draft
Ordinance A adopting the mandated California Building Codes, the
International Property Maintenance Code, the California Fire Code, and
the International Wildland Interface Code with proposed local
amendments contained in Title 8 and Title 4 of the Atascadero Municipal
Code. [Community Development]
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to introduce for first reading by title only, Draft Ordinance
A adopting the mandated California Building Codes, the
International Property Maintenance Code, the California Fire
Code, and the International Wildland Interface Code with
proposed local amendments contained in Title 8 and Title 4 of
the Atascadero Municipal Code, with the following exception
under Title 4 regarding sprinklers: Group U occupancy
buildings that are open on at least three sides and not greater
than 3,000 square feet.
Motion passed 4:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. 2011 Community Development Block Grants — Draft Recommendations
■ Fiscal Impact: Available funds are estimated at $202,000 for the 2011
cycle.
■ Recommendations: Council develop and adopt draft funding
recommendations for the 2011 Community Development Block Grant
(CDBG) funds. [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT:
CC Draft Action Minutes 12/14/10
Page 5 of 8
� 1
ITEM NUMBER: A- 1
DATE: 1/11/11
The following citizens spoke on this item: Rich Wood, Bernadette Bernardi, Eric
Achaelson, Terry Sherman, Len Colamarino, Rae Fleming,
Mayor Fonzi closed the Public Comment period.
The City Council discussed the requests and submitted their preferences in writing to
staff to tabulate.
Mayor Fonzi recessed the meeting at 8:50 p.m.
Mayor Fonzi reconvened the meeting at 9:00 p.m.
The City Council reviewed the tabulation and negotiated consensus on each line item
(see below).
CDBG 2011 Requested Consensus
Public Facilities
City of Atascadero- Handicapped Accessibility-
Barrier Removal Projects 150,000 108,300
North County Women's Shelter- Restroom
Renovation 13,000 13,000
North County Connection -Sober Living Center 5,000 -
People's Self Help Housing-Improvement to
existing facility 23,687 10,000
011
TOTAL PUBLIC FACILITIES 5
191,687 11;300
Public Services-Limited to 15% of 2011 Allocation($30,300)
Atas. Community Services Foundation -Youth
Activity Scholarships 8,000 2,300
Atascadero Loaves and Fishes-Operation of
Food Pantry 15,000 12,000
Big Brothers Big Sisters-Operating Expenses,
Mentor Program 5,000 -
CAPSLO-Senior Health Screening 2,750 -
CAPSLO- Forty Wonderful Program 2,750 -
CAPSLO-Teen Academic Parenting Program 2,750 -
EI Camino Homeless Organization-Operations 15,000 15,000
Literacy Council -Atascadero Program* 4,000 1,000
Senior Nutrition Program for SLO County- Hot
Lunch for Seniors 5,000 -
Transitional Food and Shelter-Shelter for
Medically Fragile 5,000Rl
-
N . . 3 ,3Q� ' 5 "PUBLCSER1T0
Economic Development-Charged against 20%Administrative Ca
Mission Community Services-Women's Business
Program 5,000 -
CC lk-aft Action Minutes 12/14/10
Page 6 of 8
12
ITEM NUMBER: A- 1
DATE: 1/11/11
Administration- Limited to 20% of 2011 Allocation $40,400
City Program Administration Costs 40,400 40,400
=TOTAL=ECONOMIC
K
r DEVELOPM NT/ADMINISTRATI"ON 45,400 ; . 40,400
Total Funds Requested / Recommendations
302,337 202,000
Estimated Total Funding Available
202,000 -
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Sturtevant to adopt draft funding recommendations for the
2011 Community Development Block Grant (CDBG) funds (see
above).
Motion passed 4:0 by a roll-call vote.
2. Fiscal Year 2005-2010 Audit
■ Fiscal Impact: None.
■ Recommendation: Council review and accept the financial audit for the
period ended June 30, 2010. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to accept the financial audit for the period ended June 30,
2010.
Motion passed 4:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay asked everyone to visit shut-ins or people in convalescent homes
during the holiday season; it means a lot to them.
Mayor Fonzi suggested Brian Sturtevant attend the CAPSLO dinner on December 16tH
City Manager McKinney announced that staff has prepared a letter to be signed by the
Mayor in opposition to the Census' desire to reduce the jump distance from 2 1/2 to 1 1/2
miles between cities.
CC Draft Action Minutes 12/14/10
Page 7 of 8
13
ITEM NUMBER: A- 1
DATE: 1/11/11
There was Council consensus to direct staff to prepare a letter
to be signed by the Mayor regarding the City's position concerning
the Paso Robles Groundwater Basin.
D. COMMITTEE REPORTS:
Mayor Fonzi
Air Pollution Control District (APCD) — They have renewed the contract with their
Director, Larry Allen.
County Mayor's Roundtable — Mary Ann Reiss is no longer the Mayor of Pismo
Beach, and has been appointed by the Governor to the Coastal Commission.
Mayor Pro Tem O'MalleV
SLO Regional Transit Authority, President (SLORTA) — Paso Robles has had
some difficulties achieving some requirements regarding transportation, and this
has impacted our bus route. Staff is looking into the issue.
SLO Council of Governments, President (SLOCOG) — SLOCOG is concerned
about the Census' desire to reduce the jump distance from 2 '/2 to 1 '/2 miles
between cities. This would lump us with Templeton and Paso Robles. This
could result in a $600,000 loss to Atascadero and Paso Robles of Federal funds
for transportation.
California Council of Governments (CALCOG) — Pretty gloomy; hard decision to
be made.
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
City Clerk
City Clerk Torgerson announced she is accepting applications for the Planning
Commission and Parks and Recreation Commission.
F. ADJOURNMENT:
Mayor Fonzi adjourned the meeting at 9:30 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk/ Assistant to the City Manager
CC Draft Action Minutes 12/14/10
Page 8 of 8
14
ITEM NUMBER: A-2
DATE: 1/11/11
,irqIP r 17: : 'I�y
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Atascadero City Council
Staff Report - City Manager's Office
City Council 2011 Meeting Schedule (Revised)
RECOMMENDATION:
Council approve the revised City Council meeting schedule for 2011.
DISCUSSION:
The City Council approved the City Council 2011 Meeting Schedule at the December
14, 2010 City Council meeting. Subsequently, an error in the June meeting dates was
discovered. The attached revised Schedule modifies the June dates to correctly reflect
the 2nd and 4th Tuesday.
DISCAL IMPACT:
None
ATTACHMENT:
City Council 2011 Meeting Schedule (Revised)
15
16
ITEM NUMBER: A-2
DATE: 1/11/11
City
of tascadero
office of the City Clerk
Atascadero City Council 2011 Meetinq Schedule (Revised)
MEETING DATE TYPE OF MEETING
January 11 Regular
January 25 Regular
February 8 Regular
February 22 Regular
March 8 Regular
March 22 Re ular
April 12 Regular
April 26 Re ular
May 10 Regular
May 24 Regular
June14 Regular
June 28 Re ular
July 12 Regular
August 9 Regular
September 13 Regular
September 27 Regular
October 11 Regular
October 25 Regular
November 8 Regular
November 22 Regular
December 13 Regular
Meetings are held at 6:00 p.m. or at the conclusion of the Redevelopment Agency
meeting, whichever comes last.
6907 El Camino Real, Atascadero, CA 93422
470-3400
City CouncillCouncil Meeting Schedule12011
17
18
ITEM NUMBER: A- 3
DATE: 1/11/11
B
1918 ' A 1979
Atascauero City Council
Staff Report - Public Works Department
Traffic Signal Maintenance Services Award
RECOMMENDATION:
Council authorize the City Manager to execute a contract with Lee Wilson Electric in the
amount of $ 51,408.00 to provide monthly traffic signal maintenance services for three
years.
DISCUSSION:
Background: The City of Atascadero has twelve (12) intersections with traffic signals
(Attachment A) which require routine preventive maintenance, emergency repair and
the periodic installation of new equipment. The City contracts with an electrical
contracting firm that specializes in traffic signal maintenance to provide these
maintenance services. In conformance with City of Atascadero Procurement Policies,
the City publicly advertized to qualified firms for quotations to provide traffic signal
maintenance for the next three years.
Analysis: Requests for Quotations for Traffic Signal Maintenance Services were
advertised from September 29, 2010, through October 28, 2010. Three bids were
received by the quotation bid due date (Attachment B). The bids were reviewed for
accuracy and compliance with bidding requirements, and Lee Wilson Electric was found
to be the low qualified bidder, with a monthly proposal of $119.00 per signal. The total
monthly cost for all twelve signalized intersections is $1,428.00. The total cost for three
years of monthly traffic signal maintenance service is $ 51,408.00.
Conclusion: Lee Wilson Electric is the successful low qualified bidder and is qualified
and prepared to provide three years of monthly traffic signal maintenance services.
Staff recommends that the City Council award the traffic signal maintenance services
contract to Lee Wilson Electric and authorize the City Manager to enter into an
agreement with Lee Wilson Electric for the said services.
19
-f CAL IMPACT:
Approval of this agreement will result in the total expenditure of $ 1,428.00 per month
NT,%m'�oen January 1, 2011 , and January 3, 2014. The expenses for these services will
`ae -harged to the Street Maintenance Division.
ATTACHMENTS:
=..tiachment A- List of Intersections with traffic signals
ttachment B- Bid Summary
20
ATTACHMENT A
City of Atascadero
Traffic Signal Maintenance Services
TRAFFIC SIGNALS
LIST OF CURRENT INTERSECTIONS WITH "TRAFFIC SIGNALS"
1. EI Camino Real at Traffic Way
2. EI Camino Real at West Mall
3. EI Camino Real at Curbaril
4. EI Camino Real at Junipero
5. EI Camino Real at Palomar
6. El Camino Real at Santa Rosa
7. EI Camino Real at Santa Barbara
8. EI Camino Real at Del Rio
9. EI Camino Real at San Anseimo
10. EI Camino Real at San Rafael
11. Santa Rosa at East Front
12. Santa Rosa at West Front
Any newly constructed traffic signals may be added to this list by addendum to this
agreement and will be maintained at the same rate as the above designated
locations.
21
22
ATTACHMENT B
City of Atascadero
INFORMAL BID SUMMARY
De5cripfion of hem beght (wored. Traffic Signal Maintenance
The departmentidivision shall make every attempt to receive at least three bids in writing or over the phone for
purchases from $25,000 to$4D70,G1 In the event that three viable quotes are not received,the division shall
document ocument what steps were taken to ot)tain quotes,any vendors contacted that declined to bid, and if applicate,
why it is not practical to receive three quotes-
SECTION A:
Company company Quote
Name Representative Date& Time Other Information Amount
Lee"Nilzon Bud Wilson 10d2812430 Flat Fee per occurance$119 1,42)8M
USA Dig Flat Rate per hr 595
Republic ITS James Wagner 10f28f2C-10 Flat Fee per occurance$150 S 1,800.00
USA Dig Fla*.Rate per hr 5 175
Econoli*e Patrick Showalter 10!28r-D 10 bid subn I it1ted was nor)-
responsive
23
24
ITEM NUMBER: A-4
DATE: 1/11/11
1918 ' ® 1978-
Atascadero City Council
Staff Report - Public Works Department
Las Lomas Landscape and Lighting District
Landscape Maintenance Services Award
RECOMMENDATION:
Council authorize the City Manager to execute an agreement with Madrone
Landscapes, Inc., in the amount of $47,292.00 for annual landscape maintenance
services in the Las Lomas Landscape and Lighting Assessment District.
DISCUSSION:
Background: On January 13, 2009, the City Council approved a resolution accepting
the public improvements for the Woodridge project, located south of Halcon Road,
north of Santa Barbara Road and east of Viejo Camino Road. The project was
conditioned to construct trails through an oak woodland and to provide common-space
landscaping, tree planting and a tot lot.
The project's conditions of approval also required the residents of this development to
maintain these public improvements in perpetuity. The Woodridge (Las Lomas)
Landscaping and Lighting Assessment District No. 02 (District) was established to cover
the cost for the maintenance and upkeep of the landscaping and public trail
improvements. The City agreed to contribute 25% of the annual costs for maintaining
the open space and trails (in exchange for public access) and to manage the
maintenance of these facilities.
As a part of the City's maintenance obligations, formal bidding documents were
prepared and distributed for landscape maintenance services. On October 27, 2009,
the City Council awarded the contract for maintenance services to Armet's Landscapes
Inc. This agreement with Armet's Landscapes was terminated by mutual agreement,
effective December 11, 2010.
Analysis: Six (6) bids were originally received for landscape maintenance services,
with Armet's submitting the low bid. The next lowest bidder, Madrone Landscape, Inc.,
is willing to honor their previously submitted bid of $ 3,941.00 per month.
25
ITEM NUMBER: A-4
DATE:
conclusion: Madrone Landscape, Inc. is the next low qualified bidder and is qualified
_ P
and prepared to maintain the landscaping in the Las Lomas Landscape and Lighting
Assessment District. Staff recommends that the City Council authorize the City
\Aanager to execute an agreement with Madrone Landscape, Inc. for the maintenance
of the landscaping in the Las Lomas Landscape and Lighting Assessment District.
!DISCAL IMPACT:
Maintenance responsibilities for the public landscaping improvements and open space
are primarily the responsibility of the Las Lomas Landscape and Lighting Assessment
district. The majority of these maintenance costs will be paid by assessments on
property in the district; however, the City of Atascadero (General Fund) is responsible
for 25% of the cost for maintaining just the open space portion of the site. The City's
,hare for Open Space Maintenance is currently estimated at $1 ,800.00 per year.
Approval of the agreement with Madrone Landscape, Inc. will result in the annual
expenditure of $47,292.00 in funds from the Las Lomas Landscape and Lighting
Assessment District.
ATTACHMENT: Bid Summary
26
ITEM NUMBER: A-4
DATE: 1/11/11
Citof
Office of the City Clerk
BID SUMMARY
TO: Public Works Department
FROM: Marcia Torgerson, City Clerk
BID NO.: 2009-015
OPENED: Thursday, October 1, 2009 @ 3:00 p.m.
PROJECT: Las Lomas Landscape Award
6 Bids were received and opened today, as follows:
Bidder Total Bid: Total Monthly Cost all Items
1. Armet's Landscape $ 3,636.60
2. Madrone Landscapes $ 3,941.00
3. Martinelli Landscape Const $ 7,779.60
4. Estate Landscape $ 8,701.58
5. B&B Yard & Lawn Maintenance $ 14,877.50
6. Gilbert's Landscapes $ 2,573.00 (BID REJECTED AS
NON- RESPONSIVE)
27
28
ITEM NUMBER: A- 5
DATE: 1/11/11
Pr
/L
�j isia' I�. is7el /
CAD I
Atascadero City Council
Staff Report - Public Works Department
Reject Streetscape Phase III Bids
(City Bid No. 2003-014)
RECOMMENDATIONS:
Council:
1 . Reject all bids for the Streetscape Phase I I I project; and,
2. Authorize the Public Works Director to re-bid the project.
DISCUSSION:
The Streetscape Phase III project has been under development and design since mid-
2009. The Phase III project was bid out pursuant to Federal Stimulus requirements, and
bids were opened on September 15, 2010. A total of seven (7) bids were received for
this project. The first and second low bids were deemed non-responsive because the
bidders did not submit required Federal disadvantaged enterprise documentation. In all,
three of the seven bids were ultimately found to be non-responsive.
The lowest responsive bid was received from R. Burke Corporation in the amount of
$722,150.00; and, on October 26, 2010, City Council authorized staff to execute a
contract with R Burke Corporation for this project. Since that time staff has been
working with R Burke Corp. to execute a contract; however, the contractor was unable
to bond the project. Ordinarily staff would then move to the next lowest bidder (the
fourth lowest overall bidder). That firm also failed to meet the Federal bid requirements,
and was, therefore, deemed non-responsive.
For the project to continue forward at this time would mean negotiating a contract with the
fifth (out of seven) lowest bidder. The resulting construction costs would then be over
$71,000 more than the lowest bid, and would reduce the project contingency to an
unacceptable level of 11% (20% normal).
Staff is now recommending that all of the bids be rejected and the project be re-bid due
to the high percentage of the bidders being disqualified, and the resulting reduction of
29
ITEM NUMBER: A-5
DATE: 1/11/11
the project contingency. Staff is concerned that minor change orders could either
reduce the amount of paving completed by the project or could require that additional
Inds be contributed by the Redevelopment Agency or City General Fund. In effect, the
. r':-ict would lose the opportunity to benefit from the current competitive bidding climate
sr. Lhe area.
'-ederal funding is still secure for the project. Staff has submitted invoices to Caltrans
for project expenses to date and further verified that the project has shown satisfactorily
the required progress to secure funding, even with the proposed re-bidding delay. The
project must be completed within the next 11 months.
Conclusion: Staff recommends that the City Council reject all of the current bids for
construction of the Streetscape Phase III Project.
FISCAL IMPACT:
The fiscal impact of rejecting the bids is minimal as there are no changes to the existing
plans, specifications and contracts which have already been developed. Minor staff
time and minimal advertisement costs will be the only proposed expenses to re-bid the
project.
ALTERNATIVES:
1 . Do not reject bids, and direct staff to award a contract with the lowest responsive
bidder. Staff does not recommend this alternative since this project has limited
funding.
ATTACHMENTS:
1 . Bid Analysis
2. Bid Summary
30
Attachment 1
BID ANALYSIS
STREETSCAPE III
BID NO. 2009-014
BIDDER BASE BID ALTERNATIVES
GRANITE CONSTRUCTION NON-RESPONSIVE
JOHN MADONNA CONSTRUCTION NON-RESPONSIVE
R BURKE CONSTRUCTION COULD NOT BOND
MAINO CONSTRUCTION NON-RESPONSIVE
CAL PORTLAND CONSTRUCTION $735,359.96 $465,102.15
WYSONG CONSTRUCTION $766,907.50 $492,031.90
SOUZA CONSTRUCTION $773,730.00 $456,020.00
31
1
Attachment 2
City of'Ataseadero
Office of'the City Clerk
Jaid S n i tura
TO: Public Works
FROM: 'Marcia Torgerson,City.Clerk
BIP N4,; 2009-414
OPENED: AVeduesday.September 15,2010
PROJECT: Streetscape Please III
7 Bids tirere received and opened today, as follows:
latne of Bidder TOTAL BASE.BID B&C BID ALTERNATE A&D
GRANITE $664,272.00 $524.6S9_047
JOHN MADONNA 5721.361.00 $4?3357.047
R.BU RKE $722,1 50.00 $5175.317,10
MAINO $72_21_341.511 S6S3.423.047
CAL PORTLAND 5735.3.39.96 5465.102.15
VVYSONG $766,9017.50 $492,031.90
SOUZA $773,7'0.00 $456.0`0_0,0
33
ITEM NUMBER: B - 1
DATE: 1/11/11
ell
FF-7 FrT-
CAD
Atascadero City Council
Staff Report - Community Development Department
Second Reading
Title 4 / Title 8
Local Building Code and
Fire Protection Code Adoption
(City of Atascadero)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance A, repealing Title 8
(Building Regulations) and Chapter 7 of Title 4 (Fire Code), and amending Title 8 and
Chapter 7 of Title 4 of the Municipal Code to adopt and amend the latest editions of the
Construction and Fire Codes, and adopt findings of facts to support the imposition of
requirements greater than the requirements established by or pursuant to the California
Building Standards Code.
DISCUSSION:
The proposed ordinance will bring the City of Atascadero's Building and Fire Protection
Codes into conformance with the required State Codes that take effect January 1 , 2011.
The proposed text will also establish amendments to the State Code specific to the City
of Atascadero.
On December 14, 2010, the City Council introduced the following ordinance for first
reading including updates and amendments to the above referenced codes. The
adoption by reference of California Government Codes requires that the second reading
by held at a public hearing.
The Council added the following fire sprinkler exception to the code:
3. Group U occupancy buildings that are open on at least three sides and not
greater than 3,000 square feet.
35
ITEM NUMBER: B - 1
DATE: 1/11/11
DISCAL IMPACT:
"1-vre are no significant fiscal impacts.
•,�:�`��ACHMENTS:
1 . Draft Ordinance A
36
ITEM NUMBER: B - 1
DATE: 1/11/11
Attachment 1: Draft Ordinance A
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA REPEALING TITLE 8 (BUILDING
REGULATIONS) AND CHAPTER 7 OF TITLE 4 (FIRE CODE), AND
AMENDING TITLE 8 AND CHAPTER 7 OF TITLE 4 OF THE
MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS
OF THE CONSTRUCTION AND FIRE CODES, AND ADOPT FINDINGS
OF FACTS TO SUPPORT THE IMPOSITION OF REQUIREMENTS
GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR
PURSUANT TO THE CALIFORNIA BUILDING STANDARDS CODE
(City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6907 El Camino
Real, Atascadero, CA 9342-2), to consider a project consisting of Amendments to Title 8, and Title 4 of
the Atascadero Municipal Code to be consistent with the California Building Standards Code; and,
WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide citizens
with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by
adopting that body of regulations referred to as the California Building Standards Code with amendments
specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section 18941.5,
require the City Council, before making any modifications or changes to the California Building
Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express
finding that each such modification or change is needed; and,
WHEREAS, the California Health and Safety Code Section 17958.7 requires that such
changes must be determined to be reasonably necessary because of local climatic, geological,
topographical or green conditions; and,
WHEREAS, such findings must be made available as a public record and a copy thereof
with each such modification or change shall be filed with the State of California Building Standards
Commission; and,
WHEREAS, the proposed text amendments are exempt per section 15061(b) (3) in
accordance with the California Environmental Quality Act(CEQA): and,
37
ITEM NUMBER: B - 1
DATE: 1/11/11
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
heid on December 14, 2010, studied and considered the proposed municipal code text amendments and
changes; and,
WHEREAS, the Council of the City of Atascadero affirms the findings justifying previous
changes and modifications to the adopted construction and fire codes previously adopted; and,
WHEREAS, the City Council hereby determines that Sections 701A.3.2, 903.2, 1011.1.1-
1011.1.3, 1505.1, 1506.3.1 and 18022, and Appendix Sections J101.3, J101.4, J103.2, J108.1 and J110.2
c_ 2010 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Sections K1(A)
of the 2010 California Plumbing Code, Article 230-70(A)(1) of the 2010 California Electrical Code, and
Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3,
1411.4, and 1415.1 of the 2010 California Fire Code are required to be modified due to the findings
nntained herein to greater requirements than those set forth in the California State Building Standards;
ar;u,
WHEREAS, the City Council finds that each of the changes or modifications to measures
referred to therein are reasonably necessary because of local climatic, geological, or topographical
cnaditions in the area encompassed by the boundaries of the City of Atascadero, and the City Council
arther finds that the following findings support the local necessity for the changes or modifications:
1. That the City of Atascadero is situated at the base of a watershed of the Santa Lucia
Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in
conditions rendering fire department vehicular traffic unduly burdensome or impossible as
witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability
of the fire department to aid or assist in fire control, evacuations,rescues and other
emergency task demands inherent in such situations. The resulting overburdening of fire
department personnel may cause a substantial or total lack of protection against fire for the
buildings and structures located in the City of Atascadero. The afore-described conditions
support the imposition of fire protection requirements greater than those set forth in the
California State Building Standards Code and,in particular, support the imposition of greater
requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and
1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California
Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2,
904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code.
2. That the City of Atascadero is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the
east, and the Hosgri to the South West. Other faults of importance are the Huasna and West
Huasna to the Southeast of the City, the San Simeon to the Northwest. In as much as these
faults are included as major California earthquake faults, which are subject to becoming
active at any time, the City Atascadero is particularly vulnerable to devastation should such
an earthquake occur. The potential effects include isolating the City of Atascadero from the
North and South due to the potential for collapsing of freeway overpasses or a slide on both
the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the
Edna fault rendering surface travel across the southern extremities of the city unduly
burdensome or impossible. Additional potential situations inherent in such an occurrence
include broken natural-gas mains causing structure and other fires, leakage of hazardous
materials, the need for rescues from collapsed structures, and the rendering of first aid and
38
ITEM NUMBER: B - 1
DATE: 1/11/11
other medical attention to large numbers of people. The protection of human life and the
preservation of property in the event of such an occurrence support the imposition of fire
protection requirements greater than those set forth in the California State Building Standards
Code and in particular support the imposition of greater requirements than set forth in
Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2010 California
Building Code,Article 230-70 of the 2010 California Electrical Code, and Sections 311.2,
503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3,
1411.4, and 1415.1 of the 2010 California Fire Code.
3. That the central commercial area in the City of Atascadero consists of mixed conditions that
create the potential for possible conflagration,including congested streets during the business
day, numerous older buildings without adequate internal fire-resistance, and contemporary
low-rise buildings. Significant spread of fire in said area will actually exceed the fire
suppression capabilities of regional firefighting personnel. The continued development of the
Atascadero commercial area and the current and potential development of high-rise buildings
pose a substantial threat of fire to human life, public safety, and the preservation of property
and support the imposition of fire protection requirements greater than those set forth in the
California State Building Standards Code, and in particular, support the imposition of greater
requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and
1506.3.1 of the 2010 California Building Code,Article 230-70 of the 2010 California
Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.21
904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code.
4. That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 41) traversing in an east/west direction. The
City is also transected by a mainline railroad that traverses in the north/south direction. It is a
frequent occurrence for the aforementioned highways and railway to support the
transportation of hazardous materials. The potential for release or threatened release of a
hazardous material along one of these routes is highly probable given the volume transported
daily. Incidents of this nature will normally require all available emergency response
personnel to prevent injury and loss of life, and to prevent as far as practicable, property
losses. Emergency personnel responding to said incidents may be unduly impeded and
delayed in accomplishing an emergency response as a result of this situation, with the
potential result of undue and unnecessary risk to the protection of life and public safety,
particularly in those buildings or structures without the protection of automatic fire sprinklers.
The above-described problems support the imposition of fire protection requirements greater
than those set forth in the California State Building Standards Code, and in particular support
the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-
1011.1.3, 1505.1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the
2010 California Electrical Code, and Sections 311 2, 503.1, 505.1, 508.2.2, 603.4, 609.2,
903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California
Fire Code.
5. That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of Atascadero. The
hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in
the brush-covered slopes on the Santa Lucia Mountains and several areas surrounding. The
aforementioned areas completely surround the City. When a fire occurs in said areas, such as
occurred in 1994,the Highway 41 fire burned for several days and entered the City, the
entirety of local fire department personnel is required to control, monitor, fight and protect
against such fire situations in an effort to protect life and preserve property and watershed
39
ITEM NUMBER: B - 1
DATE: 1/11/11
land. The same climatic conditions may result in the concurrent occurrence of one or more
fires in the more populated areas of the City without adequate fire department personnel to
protect against and control such a situation. Therefore, the above-described findings support
the imposition of fire-protection requirements greater than those set forth in the California
State Building Standards Code, and in particular support the imposition of greater
requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and
1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California
Electrical Code, and Sections 311 2,503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2,
904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code.
6. That for the most part, the soils in the City of Atascadero are medium to highly expansive in
nature, and such soils may cause damage to foundations, structures and underground utilities
if not properly mitigated through known construction techniques. Furthermore, a significant
part of the City lies on hills and rolling topography subject to earth slides and movements and
present problems to developments constructed in such areas due to surface water drainage
and disposal. The above-described conditions support the imposition of requirements greater
than those set forth in the California State Building Standards Code and,in particular, support
the imposition of greater requirements than those set forth in Sections 1802.2, and Appendix
Sections J101.3,J101.4, J103.2, J108.1 and J110.2 of the 2010 California Building Code,
Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section Kl(A) of the 2010 California
Plumbing Code; and,
WHEREAS, the City Council has determined that the provisions of the State Building
Standards Code are shall be modified, changed and amended, as provided for in this ordinance, based
upon the foregoing findings and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property; and,
WHEREAS, the Building Official is hereby authorized and directed to transmit a copy of
this ordinance to the California Building Standards Commission as required by California Health and
Safety Code Section 17958.7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. All Chapters of Title 8 of the City of Atascadero Municipal Code are hereby
repealed and replaced by new Title 8 as follows.
40
ITEM NUMBER: B - 1
DATE: 1/11/11
TITLE 8
Chapter 1
ADMINISTRATIVE
Title 8 Atascadero Municipal Code
Chapter 1 ADMINISTRATIVE
8-1.101 Title.
This title shall be known as the City of Atascadero Building Construction Code, Title 8 of the
Atascadero Municipal Code. (Ord. 520 § 1 (part), 2007)
8-1.102 Adoption of Codes.
Seven (10) documents, three (3) each of which are on file in City offices, identified by the Seal
of the City of Atascadero, marked and designated as:
1. 2010 Edition of the California Building Code (Volumes 1 and 2) published by the
International Code Council
2. 2010 Edition of the California Residential Code published by the International Code
Council
3. 2010 Edition of the California Electrical Code published by the National Fire Protection
Association
4. 2010 Edition of the California Mechanical Code published by the International
Association of Plumbing and Mechanical Officials
5. 2010 California Plumbing Code published by the International Association of Plumbing
and Mechanical Officials
6. 2010 Edition of the California Green Building Code
7. 2010 Edition of California Energy Code
8. 2010 Edition of the California Historical Building Code
9. 2010 Edition of the California Existing Building Code
10. 2009 Edition of International Property Maintenance Code published by the International
Code Council
are hereby adopted, including chapters and sections not adopted by agencies of the State of
California, and including appendices thereto, as the Building Construction Regulations of the
City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part
41
ITEM NUMBER: B - 1
DATE: 1/11/11
hereof as if fully set out in this chapter except as modified hereinafter. (Ord. 520 § 1 (part),
2007)
8-1.103 Building Official designated.
The Building Official is hereby designated as the Building Official and Code Official for the
City of Atascadero. Where the "authority having jurisdiction" is used in the adopted codes, it
shall mean the building official. (Ord. 520 § 1 (part), 2007)
Chapter 2 ORGANIZATION AND ENFORCEMENT
8-2.101 Administration of adopted Codes.
The administration and enforcement of this title shall be in accordance with Chapter 1,Division
11 of the California Building Code as adopted in Chapter 1 of this title and amended in this
chapter. (Ord. 520 § 1 (part), 2007)
8-2.102 Modification of Chapter 1, Division II.
(a) Amend Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building Services Division is hereby created and
the official in charge thereof shall be known as the building official.
(b) Amend Section 105.1 and add Section 105.1.3 to read as follows:
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or cause any such work to be done, shall first
make application to the building official and obtain the required permit. Grading and/or waste
disposal system permits for residential sites shall not be issued separately from the building
permit for the residence without specific approval of the building official and Community
Development Director.
105.1.3 Cargo containers and railroad cars. Railroad cars, cabooses, shipping containers,
mobile homes without HUD certification label, and similar assemblies shall not be moved into or
relocated within the City limits for habitation, storage or any structural purpose without approval
of the building official. Said structures do not qualify as conventional construction, and therefore
compliance with all applicable codes shall be substantiated by a California licensed architect or
engineer.
(c) Add Section 105.2.4 to read as follows:
L. One story detached accessory structures used as tool and storage sheds, playhouses and similar
uses, exempt from a building permit under Section 105.2 may not exceed 16 ft in total height.
42
ITEM NUMBER: B - 1
DATE: 1/11/11
2.In residential one and two family dwellings, decks not exceeding 200 sq ft (18.58m2)in area,
that are not more than 30 inches (762mm) above grade at any point, that are not attached to a
structure and do not serve the exit door required by Section R311.4.
(d) Amend Section 105.3.2 to read as follows:
105.3.2 Time limitation of application.
1. Expiration of Plan Review. Applications for which no permit is issued within 180 days
following date of notification of approval/ready for issuance by the Building Division, or
applications within 180 days following date of notification of permit corrections to be picked up
or returned, shall expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the building official.
In order to renew action on an application after expiration, the applicant shall resubmit plans and
pay a new plan review fee. No extension is allowed except by written appeal to the Building
Official. The Building Official is authorized to grant one extension of time for an additional
period not exceeding 180 days. No application shall be extended more than once.
2. Fee refund. Application fees and permit fees are assessed to cover the cost of providing
permit issuance services and therefore are not refundable once service has been obtained. A full
refund (100%) can only be given when a cancelled application was submitted and/or reviewed
due to staff error. Refunds for cancelled applications will not include submittal fees, document
imaging fees, and plan review fees (once a plan review has been completed). Refunds must be
requested in writing and within one (1) year of application submittal date. Refunds for cancelled
permits will include up to 80% of the permit fee, provided no work has commenced and the
request for refund is within one (1) year from permit issuance. Refunds must be requested in
writing and within one (1) year of permit issuance. Refunds will not be processed for
applications and/or permits that have been suspended or revoked, or that have expired due to
limitation.
3. Dormant building permits application one-time-only blanket extension. In addition to the
time extension allowed in section 105.3.2.1., any building permit application for new single-
family-residence, new multi-family-residence, new commercial or industrial building, or a
commercial or industrial addition, submitted to the City of Ataseadero on or before September 9,
2008, may opt into a one-time-only application extension. In order to be considered for this
program, all outstanding plan check fees must be paid in full on or before February 28, 2009, and
any subsequent building permit regulated by this program must be paid for in full and issued on
or before June 30, 2010. Any building permit application or subsequent building permit
regulated by this program that does not meet all timeframes indicated in this section will be
cancelled and become null and void, and any subsequent work will require a new permit
application, new plans, and new plan check and permit fees.
(d) Amend Appendix Section 105.5 to read as follows:
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ITEM NUMBER: B - 1
DATE: 1/11/11
105.5 Expiration of permit. Every permit issued by the building official under the provisions of
th:s code shall expire by limitation and become null and void if the building or work authorized
by such permit is not commenced within 180 days from the date of issuance of such permit, or if
the building or work authorized by such permit is suspended or abandoned for a period of 180
days at any time after the work is commenced. Failure to request and receive a recorded
i-ispection by the building official within the 180-day period constitutes a condition of
�spension or abandonment.
i'More work can be recommenced after expiration of a permit, a new permit shall be obtained to
do so, and the fee therefore shall be one half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original plans and specifications for
such work, and provided further that such suspension or abandonment has not exceeded one
year. In order to renew action on a permit after expiration, the permitted shall pay a new full
permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within which
�Nork may commence under that permit when the permittee is unable to commence work within
he time required by this section for good and satisfactory reasons. The building official may
extend the time for action by the permittee for a period not exceeding 180 days on written
quest by the permittee showing that circumstances beyond the control of the permittee have
prevented action from being taken. No permit shall be extended more than once.
(e) Amend Appendix Section 113 to read as follows:
SECTION 113
BOARD OF APPEALS
113.1 General. The Board of Building Appeals shall be as described in Section 2-12.01 of the
Atascadero Municipal Code.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the
provisions of this code do not fully apply or an equally good or better form or construction is
proposed. The board shall have no authority to waive requirements of this code. For appeals
.dating to accommodations for the disabled, the authority of the board shall include the ability
authorize reasonable alternatives to disabled access requirements imposed by the California
Building Standards Code.
(f) Add Sections 114.5and 114.6 to read as follows:
114.5 Notice of noncompliance. When determined by the building official that work has been
do-,e without required permits, or has not been completed in accordance with the requirements of
th'E code, the State Housing Laws, or any other adopted code, the building official may cause a
ITEM NUMBER: B - 1
DATE: 1/11/11
Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of
the property of such action. The Notice of Noncompliance shall describe the property, shall set
forth the non-complying conditions, and shall state that the owner of such property has been duly
notified. The building official shall record a notice of release of the Notice of Noncompliance
with the County Recorder when it has been determined by the building official that the non-
complying conditions have been corrected.
114.6 Liability for costs of enforcement. Any person who maintains any premises in violation
of any provision of this code, the State Housing Law, or any other adopted code shall be liable
for and obligated to pay to the City of Atascadero all costs incurred by the City of Atascadero in
obtaining abatement or compliance that is attributable to or associated with the enforcement or
abatement action, whether the action is administrative, injunctive, or legal, and for all damages
suffered by the City of Atascadero, its agents, officers, and employees as a result of such
violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance action fails to pay for the
costs of such abatement or compliance action upon demand by the City of Atascadero, the City
Council by resolution may order the cost of the abatement to be specially assessed against the
parcel. Such assessment shall be collected at the same time and in the same manner as ordinary
City taxes are collected and shall be subject to the same penalties and the same procedure and
sale in case of the delinquency as are provided for ordinary City taxes.
(g) Amend Appendix Section 116.1 of to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe,
unsanitary or deficient because of inadequate means of egress facilities, inadequate light and
ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public
welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be
deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe,
as the building official deems necessary and as provided for in this section and the 2009 edition
of the International Property Maintenance Code, as adopted. A vacant structure that is not
secured against entry shall be deemed unsafe.
(h) Add Section 117 to read as follows:
SECTION 117
CONSTRUCTION SITE
117.1 Temporary toilet facilities required. No person shall initiate or proceed with
construction, erection, alteration,repair, or razing a project without first having provided an
adequate number of suitable sanitary job toilet facilities for the use of workers on the project in a
ration of 1 toilet per 30 workers. Toilets must be within two hundred (200) feet of each work
area within the project site.
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ITEM NUMBER: B - 1
DATE: 1/11/11
;Orta. 533 §§ 1, 2, 2008; Ord. 520 § 1 (part), 2007)
Y.101 Administration of adopted Codes.
iie administration and enforcement of this title shall be in accordance with Chapter 1,Division
11 of the California Building Code as adopted in Chapter 1 of this title and amended in this
�.�-ter. (Ord. 520 § 1 (part), 2007)
Aapter 3 BUILDING CODE
Y-3.101 Modifications of the California Building Code.
(a) Delete Appendix A, B, C, D, E. F, G, H and K. Adopt Appendix I and J.
(b) Amend Section 701A.1 to read as follows: This chapter applies to building
_n.�°.trials, systems and/or assemblies used in the exterior design of construction of new buildings
and additions to existing buildings whose first application for construction permit was submitted
after October 4, 2004, and located in a High or Very High Fire Severity Zone as described on the
unproved City of Atascadero Fire Severity Zone map on file in the office of the Fire Chief of the
yry of Atascadero.
(c) Amend 701A.2 to read as follows:
761A.2 Purpose.The purpose of this chapter is to establish minimum standards for the
protection of life and property by increasing the ability of a building located in a High or Very
Fire Severity Zone within the City of Atascadero to resist the intrusion of flames or burning
_r' ers projected by a vegetation fire and contributes to a systematic reduction in conflagration
losses.
(d) Amend Section 701A.3.to read as follows:
'701A.3Application.New buildings, or additions or alterations to buildings whose first
a =plication for construction permit was submitted after October 4, 2004, located in a High or
Very High Fire severity zone shall comply with all sections of this chapter, as amended.
-L xceptions:
1. 1. Detached trellises, patio covers, gazebos and similar structures, 450 sq ft or less,
with open trellis roof or Class A roofing, when open on all sides and located at least
10 feet from adjacent buildings.
2. Accessory structures not exceeding 120 square feet in floor area and exempt from a
building permit per Section 105.2, as amended.
3. Agricultural buildings where located at least 50 feet from buildings containing
" . ' �:able spaces on the same lot and 50 feet from an adjacent property line.
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ITEM NUMBER: B - 1
DATE: 1/11/11
4Additions or modifications to existing building whose first application for construction
permit was submitted prior to October 5, 2004.
(f) Amend 704A.1as follows:
704A.1General.The materials prescribed herein for ignition resistance shall conform to the
requirements of this chapter. Wood shake or wood shingle roofing products shall not be installed
on any exterior part of any building.
(g) Delete Sections 903.2 through 903.2.18. Add new Sections 903.2 and 903.2.1
through 903.2.18 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be installed:
1. Throughout all new buildings.
Exceptions:
1. Buildings containing Groups B and M occupancies where floor area is not
more than500 square feet (46.45 m 2) and located not less than 10 feet from
adjacent buildings on the same property and not less than 5 feet from adjacent
property lines.
2. Buildings containing Group U occupancies where floor area is less than 1000
square feet(92.9 m2) and located not less than 10 feet from adjacent buildings
on the same property and not less than 5 feet from adjacent property lines,
unless part of a mixed-occupancy building containing a Group R, Division
3occupancy.
3. Agricultural buildings 3,000 square feet in area or less when open on at least 3
sides.
2. Throughout an existing building other than a Group R, Division 3 occupancy or a U
occupancy when accessory to a Group R, Division 3 occupancy whenever additions
exceed ten (10) percent of the total floor area of the existing building and the total
combined floor area will exceed 2,000 square feet (185.8 m2), or a second story or
greater is added, or the occupancy is changed to a more hazardous use.
3. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when
accessory to a Group R, Division 3 occupancy whenever additions exceed ten (10)
percent of the total floor area of the existing building and the total combined floor
area will exceed 5,000 square feet (185.8 m2).
Exceptions:
1. Group R, Division 3 occupancies where the total combined floor area will
not exceed 3,000 square feet(278.7 m2).
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ITEM NUMBER: B - 1
DATE: 1/11/11
2. Group B and M occupancies whenever single or multiple additions will not
exceed 1,000 square feet (92.9 m2) beyond the size of the structure on the
effective date of this regulation or the total combined floor area will not
exceed 5,000 square feet (464.5 m2), and a second story or greater is not
added, and the occupancy is not changed to a more hazardous use.
4. When occupancy change increases fire risk or hazard
(h) Add section 903.2.1 Fire Sprinkler Hazard Categories to read as follows:
903.2.1.Fire Sprinkler Hazard Categories. Hazard categories in regard to fire sprinkler
system requirements shall be in accordance with Table 903.2.1.
Table 903.2.1
Fire Sprinkler System Relative Hazard
Fire Sprinkler System Relative Hazard Categories
Relative Hazard Occupancy Classifications
1 (highest hazard) H
2 A, F-1, R-1, R-2, R-3.1, R-4, 1
3 F-2, R-3, E
4 B, M, S-2, U
5. In additions to existing buildings equipped with an automatic fire sprinkler system.
°or the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the
_--cr area within the surrounding exterior walls shall be considered as one building.
automatic fire sprinkler system need not be installed in spaces or areas in telecommunications
uldings used exclusively for telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided those spaces or areas are
,quipped throughout with an automatic fire alarm system and are separated from the remainder
,f the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and
2-hour fir-resistance-rated floor/ceiling assemblies.
9,03.2.1 through 903.2.18 not used. Text continues with Section 903.3.
(i) Amend Section 1505.1 to read as follows:
1505.1 General. Roof assemblies shall be divided into the classes as defined below. Class A, B
and C roof assemblies and roof coverings required to be listed by this section shall be tested in
.:-oordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings
48
ITEM NUMBER: B - 1
DATE: 1/11111
shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on new
and existing buildings shall be a Class A assembly.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
0) Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle limitations. Wood shake or wood shingle roofing products
shall not be installed on any exterior part of any building.
Exceptions:
1. Roof coverings on additions to existing wood shingle or wood shake roofs not greater
than 25 percent of the existing roof area may be a fire-retardant-treated wood shingles or
shakes to match existing.
2. Repairs to existing wood roof coverings not exceeding 25 percent of existing roof area
per calendar year may be fire-retardant-treated wood shingles or shakes to match existing.
0) Amend Section 1802.2 to read as follows:
1802.2 Where required.The owner or applicant shall submit foundation and soils investigation
report to the building official where required in Sections 1802.2.1 through 1802.2.7.
Exceptions:
1. The building official need not require a foundation and soils investigation report
where satisfactory data from adjacent areas is available that demonstrates an investigation is
not necessary for any of the conditions in Sections 1802.2.1 through 1802.6.
2. The building official may not require a foundation and soils investigation report for
one-story, wood-frame and light-steel-frame additions to Group R, Division 1 and 3 occupancies
of 1,000 square feet of floor area or less, or new one-story, wood-frame and light-steel-frame
detached accessory structures 1,000 square feet of floor area or less, or one-story, wood-frame
and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or
less when a licensed architect or engineer provides foundation design and a site observation
report with a statement of site suitability.
(k) Add Sections 3408.1.1 through 3408.1.4.3 to read as follows:
3408.1.1 Change of occupancy classification based on hazard category. The relative degree
of hazard between different occupancy classifications shall be determined in accordance with the
category specified in Tables 3408.1.1, 3408.1.2 and 3408.1.3. Such determination shall be the
basis for the application of Sections 3408.1.2 through 3408.1.4.3.
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ITEM NUMBER: B- 1
DATE: 1/11/11
3408.1.2 Means of egress, general. Hazard categories in regard to life safety and means of
egress shall be in accordance with Table 3408.1.2.
Table 3408.1.2
Means of Egress Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2,1-3,1-4
3 A,E,I-1,M,R-1,R-2,R-4
4 B,F-1,R-3,S-1
5 (Lowest Hazard) F-2, S-2,U
3408.1.2.1 Means of egress for change to higher hazard category. When a change of
.;cupancy classification is made to a higher hazard category (lower number) as shown in
able 3406.1.2, the means of egress shall comply with the requirements of Chapter 10 of the
California Building Code.
3408.1.2.2 Means of egress for change of use to equal or lower hazard category. When a
change of occupancy is made to an equal or lesser hazard category (higher number) as shown in
Table 3406.1.2, existing elements of the means of egress shall not be reduced below the level
established by the code under which the building was constructed for the new occupancy
classification. Newly constructed or configured means of egress shall comply with the
requirements of Chapter 10 of the California Building Code.
Exception: Any stairway replacing an existing stairway within a space where the pitch or slope
cannot be reduced because of existing construction shall not be required to comply with the
_naximum riser height and minimum tread depth requirements.
3408.1.3 Heights and areas. Hazard categories in regard to height and area shall be in
accordance with Table 3408.1.3.
Table 3408.1.3
Heights and Areas Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 A-1,A-2, A-3, A-4,I,R-1,R-2,R-4
3 E,F-1, S-1,M
4(Lowest Hazard) B,F-2,S-2,A-5,R-3,U
3408.1.3.1 Height and area change to higher hazard category. When a change of occupancy
is made to a higher category as shown in Table 3408.1.3, heights and areas of buildings and
50
ITEM NUMBER: B - 1
DATE: 1/11/11
structures shall comply with the requirements of Chapter 5 of the California Building Code for
the new occupancy classification.
3408.1.3.2 Height and area change to equal or lesser category. When a change of occupancy
classification is made to an equal or lesser hazard category as shown in Table 3408.1.3, the
height and area of the existing building shall be deemed acceptable.
3408.1.3.3 Fire barriers. When a change of occupancy classification is made to a higher hazard
category as shown in Table 3408.1.3, fire barriers in separated mixed-use buildings shall comply
with the fire resistance requirements of the California Building Code.
Exception: Where the fire barriers are required to have a 1-hour fire-resistance rating, existing
wood lath and plaster in good condition or existing 1/2-inch-thick (12.7 mm) gypsum wallboard
shall be permitted.
3408.1.4 Exterior wall fire-resistance ratings. Hazard categories in regard to fire-resistance
ratings of exterior walls shall be in accordance with Table 3408.1.4.
Table 3408.1.4
Exposure of Exterior Walls Hazard Categories
Relative Hazard Occupancy Classification
I(Highest Hazard) H
2 F-1,M, S-1
3 A,B,E,I,R
4(Lowest Hazard) F-2,S-2,U
3408.1.4.1 Exterior wall rating for change of occupancy classification to a higher hazard
category. When a change of occupancy classification is made to a higher hazard category as
shown in Table 3408.1.4, exterior walls shall have a fire-resistance and exterior opening
protectives as required by the California Building Code. This provision shall not apply to walls at
right angles to the property line.
Exception: A 2-hour fire-resistance rating shall be allowed where the building does not exceed
three stories in height and is classified as one of the following groups: A-2 and A-3 with an
occupant load of less than 300, B, F, M, or S.
3408.1.4.2 Exterior wall rating for change of occupancy classification to an equal or lesser
hazard category. When a change of occupancy classification is made to an equal or lesser
hazard category as shown in Table 3408.1.4, existing exterior walls, including openings, shall be
accepted.
3408.1.4.3 Opening protectives. Openings in exterior walls shall be protected as required by the
California Building Code. Where openings are required to be protected because of distance from
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ITEM NUMBER: B - 1
DATE: 1/11/11
the property line, the sum of the area of such openings shall not exceed 50 percent of the total
area of the wall in each story.
Exceptions:
1. Where the California Building Code permits openings in excess of 50 percent.
2. Protected openings shall not be required in buildings of Group R occupancy that do
not exceed three stories in height and that are located not less than 3 feet (914 mm)from the
property line.
3. Where exterior opening protectives are required, an automatic sprinkler system
throughout may be substituted for opening protection.
4. Exterior opening protectives are not required when the change of occupancy group is
to an equal or lower hazard classification in accordance with Table 3408.1.4.
(1) amend Section 3109.4.4.2 as follows:
Section 3109.4.4.2Construction permit; safety features required. Commencing January 1,
2007, except as required by Section 3109.4.4.5, whenever a building permit was issued for
construction of a new swimming pool or spa or any building permit issued for remodeling of an
existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the
following seven drowning prevention safety features:
Items 4 and 5 may only be used in conjunction with an enclosure meeting the
requirements of Section 3109.4.4.31 that isolates the swimming pool, spa or hot tub
from adjoining property.
1. The pool shall be isolated from access to a home by an enclosure that meets
the requirements of Section 3109.4.4.3.
2. The pool shall incorporate removable mesh pool fencing that meets American
Society for Testing and Materials (ASTM) Specifications F2286 standards in
conjunction with a gate that is self-closing and self-latching and can
accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
4. The residence shall be equipped with exit alarms on those doors providing
direct access to the pool.
5. All doors providing direct access from the home to the swimming pool shall
be equipped with a self-closing, self-latching device with a release mechanism
placed no lower than 54 inches above the floor.
6. Swimming pool alarms that, when placed in pools, will sound upon detection
of accidental or unauthorized entrance into the water. These pool alarms shall
meet and be independently certified to the ASTM Standard F 2208 "Standards
52
ITEM NUMBER: B - 1
DATE: 1/11/11
Specification for Pool Alarms" which includes surface motion, pressure,
sonar, laser and infrared type alarms. For purposes of this article, "swimming
pool alarms" shall not include swimming protection alarm devices designed
for individual use, such as an alarm attached to a child that sounds when the
child exceeds a certain distance or becomes submerged in water.
7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1- 4, and
have been independently verified by an approved testing laboratory as
meeting standards for those devices established by the ASTM or the
American Society of Testing Mechanical Engineers (ASTM).
(m) Amend Appendix J101.1 to read as follows:
J101.1 Scope. Grading, excavation, and earthwork construction, including fills and
embankments, shall comply with the provisions of this chapter and Title 9, Sections 9-4.138
through 9-4.154 of the Atascadero Municipal Code. Where conflicts occur between the technical
requirements of this chapter and the soils report, the soils report shall govern. Where conflicts
occur between this chapter and Title 9 provisions, the most restrictive shall govern.
(n) Add Appendix Section J101.3 to read as follows:
J101.3 Special grading standards. All excavations and fills except for minor grading shall be
conducted in accordance with the following special standards:
1. Area of cuts and fills. Cuts and fills shall be limited to the minimum amount
necessary to provide stable embankments for required parking areas or street rights-of-way,
structural foundations, and adequate yard areas. Consideration shall be given to revising the
building design to minimize unnecessary grading.
2. Creation of building sites: slope limitations. Grading for the purpose of creating a
site for a building or structure shall be prohibited on slopes of 20 percent or greater except where
authorized through precise plan approval.
3. Final contours. Contours, elevations and shapes of finished surfaces shall be blended
with adjacent natural terrain to achieve a consistent grade and natural appearance.
(o) Add Appendix Section J101.4 to read as follows:
J101.4 Grading near watercourses such as creeks, streams and rivers (collectively referred
to as "creeks"). Grading, dredging, or diking may not alter any intermittent or perennial stream
or natural body of water shown on any USGS 7 1/2 minute map, except as permitted through
approval of a grading and drainage plan, and appropriate permits from the California Department
of Fish and Game and any other federal or State agency with jurisdiction over work near or in
creeks. Watercourses are to be protected as follows:
1. Watercourses shall not be obstructed unless an alternate drainage facility is approved.
53
ITEM NUMBER: B - 1
DATE: 1/11/11
2. Fills placed within creeks shall have suitable protection against erosion during
flooding.
3. Grading equipment shall not cross or disturb channels containing live streams without
siltation control measures approved by the City Engineer in place.
4. Excavated materials shall not be deposited or stored in or alongside creeks where the
materials can be washed away by high water or storm runoff.
(p) Amend Appendix Section J103.2 to read as follows:
103.2 Exempted work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the public,
that such grading will not adversely affect adjoining properties, and that such grading is
approved by the City Engineer.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such operations do not affect the
lateral support of, or significantly increase stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional. Any grading needed to gain access to exploratory excavation areas is not included
in this exemption.
8. Excavation and/or fill not greater than 50 cubic yards (38.3 m3) that is not intended to
support a structure does and will not obstruct a drainage course.
Exemption from the permit requirements of this appendix shall not be deemed to grant
authorization for any work to be done in any manner-in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction.
(q) Add Appendix Sections J104.2.1 and J104.2.2 to read as follows:
J104.2.1 Application content. To apply for a grading permit, the grading plan shall be
submitted together with the additional information required by this section. Where grading
requiring a permit is proposed in conjunction with a precise plan or conditional use permit
54
ITEM NUMBER: B - 1
DATE: 1/11/11
request, those applications may be used to satisfy grading permit information requirements as
long as all required information is submitted.
Where a grading permit is required and the grading will move less than 500 cubic yards and is
located on slopes less than 20 percent, the application for a grading permit shall include the
following:
1. Contour Information.
a. For sites with slopes of 10 percent or less, accurate contours of existing ground at one
foot intervals and drainage channels,including areas of the subject site (and adjoining properties)
that will be affected by the disturbance either directly or through drainage alterations.
b. For sites with slopes greater than 10 percent and less than 30 percent, details of area
drainage and accurate contours of existing ground at 2-foot intervals; for slopes 30 percent or
greater, contours at 5-foot intervals.
2. Location of any buildings or structures existing or proposed on the site within 50 feet
of the area that may be affected by the proposed grading operations.
3. Proposed use of the site necessitating grading.
4. Limiting dimensions, elevations or finished contours to be achieved by the grading,
slopes of cut and fill areas and proposed drainage channels and related construction.
5. Drainage plan. The drainage plan shall include provisions to mitigate the impact of
drainage on nearby creeks, swales and offsite properties or structures. The drainage plan shall
comply with the requirements of any Council adopted City Engineering Standard Specifications
and Drawings, Low Impact Development, or Hydromodification Control Standards.
6. A soils engineering report, including date regarding the nature, distribution and
strength of existing soils, conclusions and recommendations for grading procedures and criteria
for corrective measures when necessary and opinions and recommendations covering adequacy
of sites to be developed by the proposed grading.
7. Where required by the building official, an engineering geology report, including a
description of site geology, conclusions and recommendations regarding the effect of geologic
conditions on the proposed development, and opinions and recommendations covering the
adequacy of sites to be developed by the proposed grading.
8. Intended means of erosion and sedimentation control and site revegetation, including
the location, species, container size and quantity of plant materials proposed, and the proposed
time of planting.
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ITEM NUMBER: B - 1
DATE: 1/11/11
9. Protective measures to be taken during construction, such as hydro-mulching, berms
(tc,nporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps
ix {rder to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills.
10. Where grading area of disturbance exceeds one acre, a Stormwater Pollution
?revention Plan will be submitted. The Stormwater Pollution Prevention Plan shall be in
compliance with the most recent General Construction Permit issued by the State Water
Resources Control Board.
Where the grading will move 500 cubic yards or more, is located on slopes of 20 percent or
,I cater, or is located within a Geologic Hazard overlay zone or Flood Hazard overlay zone, the
grading plan shall be prepared and certified by a registered civil engineer and shall include
�ecifications covering construction and material requirements in addition to the information
required above. The grading plan shall also include:
1. If located in a Flood Hazard Area, the grading plan shall include flood way and
-od zone boundaries and appropriate mitigations required by Municipal Code Title 7, Chapter
Flood Damage Prevention.
2. If located in a Geologic Hazard Overlay Zone, an engineering geology report,
Ii-aoluding a description of site geology, conclusions and recommendations regarding the effect of
rPologic conditions on the proposed development, and opinions and recommendations covering
type adequacy of sites to be developed by the proposed grading.
(r) Amend Appendix J108.1 to read as follows:
_» General. Cut and fill slopes shall be set back from the property lines in accordance with
this section. Setback dimensions shall be measured perpendicular to the property line and shall
res shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks.
e building official may require an investigation and recommendation by a qualified engineer
or engineering geologist to demonstrate that the intent of this section has been satisfied prior to
approval of alternate setbacks.
(s) Add Appendix Section J110.2 to read as follows:
j iJCi-.2 Revegetation. Where natural vegetation has been removed through grading in areas not
a4-:acted by the landscaping requirements and that shall not be occupied by structures, such areas
_,1:11 be replanted to prevent erosion after construction activities are completed as follows:
1. Preparation for revegetation.Topsoil removed from the surface in preparation for
TLI'iing and construction shall be stored on or near the site and protected from erosion while
Grading operations are underway, provided that such storage may not be located where it would
cause suffocation of root systems of trees intended to be preserved. After completion of such
-Trading, topsoil shall be restored to exposed cut and fill embankments or building pads to
provide a suitable base for seeding and planting.
ITEM NUMBER: B - 1
DATE: 1/11/11
2. Methods of revegetation. Acceptable methods of revegetation include hydro-
mulching, or the planting of rye grass, barley or other seed with equivalent germination rates.
Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping
cover shall be sown at not less than four (4) pounds to each one thousand (1000) square feet of
land area. Other revegetation methods offering equivalent protection may be approved by the
building official. Plant materials shall be watered at intervals sufficient to assure survival and
growth. Native plant materials are encouraged to reduce irrigation demands.
3. Off-site effects. Grading operations shall be conducted to prevent damaging effects of
erosion, sediment production and dust on adjacent property, including public and private rights-
of-way.
(Ord. 520 § 1 (part), 2007)
Chapter 4 RESIDENTIAL CODE
8-4.101 Modifications to the California Residential Code.
(a) Delete Appendix A, B, C, D, E, F, G, I, 3, K, L, M, N P, Q and R. Adopt Appendix H and O.
(b) Delete Chapter I, Division H. Administration of the California Residential Code shall be as set
forth in Chapter 1 Division II of the California Building Code, as amended.
(c) Delete Section R313.Add new Section R313 to read as follows:
Section R313Required.Fire sprinkler systems shall be as set forth inspection 903.2 of the
California Building Code, as amended.
(d) Amend Section R401.1 to read as follows:
Section R401.1. Required. The owner-or applicant shall submit foundation and soils
investigation report to the building official as set forth in the California Building
Code, as amended.
Chapter 5 ELECTRICAL CODE
8-5.101 Modifications of the California Electrical Code.
(a) Administration of the California Electrical Code shall be as set forth in Chapter 1
Division 11 of the California Building Code, as amended.
(b) Amend Article 230-70(A) (1) to read as follows:
(1) Readily Accessible Location.The service disconnecting means shall be installed at a
readily accessible location either outside the building or other structure, or inside nearest the
point of entrance of the service conductors. The disconnecting means shall be accessible to
emergency personnel, either directly or by a remote actuating device, without requiring transit of
57
ITEM NUMBER: B - 1
DATE: 1/11/11
uuiiding interior. Dedicated electrical equipment rooms located at the building perimeter and
providing direct access to the outside shall satisfy accessibility for emergency personnel.
;eJrd. 520 § 1 (part), 2007)
C iapter 6 PLUMBING CODE
8-6.101 Modifications of the California Plumbing Code. (a) Delete Chapter 1, Division II.
Administration of the plumbing code shall be as set forth in Chapter 1 Division II of the
California Building Code, as amended.
(b) Delete Appendix D, G, and L. Adopt Appendix A, B, I and K.
(c) Amend Section 710.1 to read as follows:
/10.1 Drainage piping serving fixtures located at an elevation of less than one (1) foot above the
nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity
into the main sewer, and shall be protected from backflow of sewage by installing an approved
I)a-,-kwater valve. Each such backwater valve shall be installed only in that branch or section of
the drainage system that receives the discharge from fixtures located less than one (1) foot above
the nearest upstream manhole cover.
(d) Amend Section 713.5 to read as follows:
71.3.5 No permit shall be issued for the installation, alteration, or repair of any private sewage
nosal system, or part thereof, on any lot where a public sewer is available at the property line
or where the public sewer is within 200 feet of the proposed or existing building.
(e) Amend 717 to read as follows:
"17.0 Size of building sewers. The minimum size of any building sewer shall be determined on
.rie basis of the total number of fixture units drained by such sewer, in accordance with Table 7-
8. No sewer shall be smaller than the building drain. All building sewers shall be constructed
with pipe of internal diameter not less than four (4) inches (100 mm), unless a pipe of internal
diameter not less than three (3) inches is approved by the Authority Having Jurisdiction.
(f) Amend Section 719.1 to read as follows:
71'x.1 A cleanout shall be placed in every building sewer within five (5) feet of each building, at
changes in alignment or grade in excess of one hundred thirty five (135) degrees, within five
�5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100)
feet in straight runs. The cleanout shall be made by inserting a "Y" fitting in the line and fitting
the cleanout in the "Y"branch in an approved manner. In the case of a cleanout near the junction
� f the public sewer, the "Y" branch riser shall be extended to a depth of not more than one (1)
t_ ot. All other cleanouts shall be extended to finish grade.
ITEM NUMBER: B - 1
DATE: 1/11/11
(g) Amend Appendix Section Kl (A) to read as follows:
(A) Where permitted by Section 713.0 the building sewer may be connected to a private sewage
disposal system complying with the provisions of this appendix and Section 8-5.102 of the
Atascadero Municipal Code. The type of system shall be determined on the basis of location, soil
porosity, and groundwater level, and shall be designed to receive all sewage from the property.
The system, except as otherwise approved, shall consist of a septic tank with effluent discharging
into a subsurface disposal field, into one (1) or more seepage pits, or into a combination of
subsurface disposal field and seepage pits. The Authority Having Jurisdiction may grant
exceptions to the provisions of this appendix for permitted structures that have been destroyed
due to fire or natural disaster and that cannot be reconstructed in compliance with these
provisions.
Where conflicts occur between this appendix and provisions of Section 8-5.102 of the
Municipal Code, the most restrictive shall govern.
(Ord. 520 § 1 (part), 2007)
8-6.102 Private sewage disposal systems.
The design, installation operation and maintenance of private sewage disposal systems shall be in
conformance with Appendix K of the California Plumbing Code and with standards specified in
this section. Where specific standards in this section and the Appendix K conflict, the most
restrictive standard shall apply. Where specific standards are not provided within this section or
where the Authority Having Jurisdiction determines that higher requirements are necessary to
maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin"
(adopted by the Central Coast Regional Water Quality Control Board or other recognized
industry standards may be used as a guideline by the Authority Having Jurisdiction.
(a) Percolation Test. An on-site investigation shall be made by a registered engineer
competent in sanitary engineering in order to determine the suitability of a particular site for a
private sewage disposal system and to provide the data necessary to design a private sewage
disposal system. A percolation test shall be required prior to issuance of a permit for all new,
replacement or enlarged private sewage disposal systems. Percolation tests shall be conducted
within the soil that will be used for the leachfield.
(b) Percolation Testing Procedure for Seepage Pits. The following percolation test
procedure shall be used in performing percolation tests, except that other accepted test
procedures may be used when approved by the Authority Having Jurisdiction:
(1) The hole diameter shall be between six (6) and eight (8) inches. The test depth
shall be equal to the depth of the proposed dry well, plus sufficient depth to prove proper setback
to groundwater and impervious material as required by this chapter.
(2) Carefully fill the hole with clear water to a maximum depth of four(4) feet below
the surface of the ground, or if cuts are anticipated, to the depth of the assumed inlet.
59
ITEM NUMBER: B - 1
DATE: 1/11/11
(3) All holes shall be pre-soaked for twenty-four (24) hours unless the site consists of
swidy soils containing little or no clay. In sandy soils where the water on two (2) consecutive
readings seeps away faster than one-half(1/2) the wetted depth in twenty-five (25) minutes or
less, re-fill the hole with water, and pre-soak for an additional two (2)hours. After the two (2)
hor pre-soak, the test may then be run. The time interval between measurements shall be taken
t ten (10) minutes and the test run for one (1) hour. Re-fill to original depth after each reading.
(4) For all other soils, the percolation rate measurement shall be made on the day
following the twenty-four (24) hour pre-soaking.
(5) Pre-soak the boring as described above. After twenty-four (24) hours have
�;,Msed, re-fill the hole to the proposed inlet depth. The fall of water should be measured every
>��c-half(1/2) hour over a five (5) hour period. Re-fill the hole after each one-half(1/2) hour
reading. During the last or the sixth hour, do not re-fill the hole after the one-half(1/2)hour
reading. Be sure to check the total hole depth every one-half(1/2) hour as well to see if any
cueing has occurred.
(6) Readings will be recorded and reported in min/inch.
(c) Leachfield Percolation Test Procedure. The following percolation test procedure
shall be used in performing percolation tests, except that other accepted test procedures may be
us,ed when approved by the Authority Having Jurisdiction:
(1) Number and Location of Test Holes. A minimum of three (3) separate test holes
_paced uniformly through and located in the immediate vicinity of the proposed leach field site
to be made.
(2) Type of Test Holes. The test hole shall have horizontal dimensions between four
raw) and twelve (12) inches and vertical sides to the depth of the absorption trench.
(3) Preparation of Test Holes. Smeared soil surfaces shall be removed from the sides
F end bottom of the test hole to provide a natural soil interface. All loose material shall be removed
arom the test hole. Two (2) inches of coarse sand or fine gravel shall be added to the test hole to
protect the bottom from scouring and sediment.
(4) Soil Saturation and Swelling. The test hole is to be carefully filled to a depth of
one (1) foot above the gravel or sand with clear water, which is to be kept in the hole for at least
ur (4) hours but preferably overnight. This step may be omitted in sandy soils containing little
al-20 clay.
(5) Measurement of Percolation Rate. The percolation rate shall be determined
twenty-four (24)hours after water is first added to the test holes; except, in sandy soils
containing little or no clay, the percolation rate shall be determined after the water from one (1)
filling of the test hole has completely seeped away.
60
ITEM NUMBER: B - 1
DATE: 1/11/11
(i) If water remains in the test hole after the overnight swelling period, adjust the
depth to approximately six (6) inches over the gravel or sand and, from a fixed referenced point,
measure the drop in water level over a thirty (30) minute period to calculate the percolation rate.
(ii) If no water remains in the test hole after the overnight swelling period, add clear
water to bring the depth of water in the test hole to approximately six (6)inches over the gravel
or sand. From a fixed reference point, measure the drop in water level at approximately thirty
(30) minute intervals over four(4) hours refilling six (6) inches over the gravel or sand as
necessary. The drop that occurs during the final thirty (30) minute period is used to calculate the
percolation rate. The drops during prior periods provide information for possible modification of
the test procedure to suit local conditions.
(iii) In sandy soils or other soils in which the first six (6) inches of water seeps away
in less than thirty (30) minutes after the overnight swelling period, the time interval between
measurements shall be taken as ten (10) minutes and the test shall run for one (1) hour with the
drop during the final ten (10) minutes being used to calculate the percolation rate.
(6) Deep Boring. A soil boring, to a minimum depth of ten (10) feet below the bottom
of the absorption trench or pit, shall be made in order to determine the presence of impermeable
bedrock and/or groundwater.
(d) General Design Standards. The following standards shall be used in the design of
new or enlarged private sewage disposal systems where the percolation rate does not exceed one
hundred twenty (120) minutes per inch.
1 Determination of Size of Absorption Area. The absorption area measured in
lineal feet of absorption trench, shall be calculated as set forth in this section. Tables 4-1
(Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors), included in this
chapter, shall be referred to as necessary. The formula for calculating trench length is included
below.
Trench Length =A x Nb x Af
- - - TW
Aa = Absorption area per bedroom
Nb =Number of bedrooms
Af= Trench adjustment factor
T,,, = Trench width
(2) Location of Private Sewage Disposal Systems. The minimum distance between
components of a private sewage disposal system and other site features shall be as set forth in
Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation). Where
physical limitations on a site preclude conformance with distance separation requirements, the
61
ITEM NUMBER: B - 1
DATE: 1/11/11
Authority Having Jurisdiction may approve a lesser separation when the design is prepared by a
registered engineer competent in sanitary engineering and when adequate substantiating data is
submitted with the design. The Authority Having Jurisdiction shall not approve a separation less
than that set forth in the "Water Quality Control Plan—Central Coast Region" unless the
Regional Water Quality Control Board or its designated representatives have previously
approved the design.
(3) Plastic Leach Chamber. Plastic leach chamber systems shall be installed per the
requirements of Table 4-5, when the percolation rate is less than thirty (30) minutes per inch.
(4) Standard Trench Lengths. Standard trench lengths for percolation rates less than
thirty (30) minutes per inch are included in Table 4-6. The trench lengths shown in Table 4-6 are
for a standard three (3) foot wide trench with three (3) feet of gravel below the distribution pipe.
Other trench configurations may require different trench lengths and system design. The sections
included in this chapter shall be complied with for designs that differ from the lengths shown in
T able 4-6.
(e) Additional Standards.
(1) Existing legal building sites that are served by an individual on-site well may be
approved for a private sewage disposal system only if the site is one (1) acre or larger in size and
meets other regulations and requirements regarding septic setbacks and distance separation.
(2) Private sewage disposal systems proposed to be installed on slopes of twenty (20)
percent or more shall be designed by and have their installation inspected and be certified to be
in substantial conformance with the City approved engineering plans by a Registered Civil
Engineer or Registered Environmental Health Specialist. The design shall minimize grading
disruption associated with access for installation and maintenance. Such systems shall be
prohibited on slopes of thirty(30) percent or more, unless approved by both the Authority
Having Jurisdiction and the Regional Water Quality Control Board.
(3) When the percolation rate is below thirty(30) minutes/inch, the contractor,
developer, installer or homeowner, shall certify in writing that the private sewage disposal
system conforms to the prescriptive standards of this section at or before calling for final
inspection.
(4) When the percolation rates equals or exceeds thirty (30) minutes/inch, a private
sewage disposal system shall be designed, inspected, and be certified to be in substantial
conformance with the City approved engineering plans by a Registered Civil Engineer or
Registered Environmental Health Specialist.
(5) When the percolation rate exceeds one hundred twenty (120) minutes/inch, a
private sewage disposal system, solely dependent upon soil absorption, shall not be allowed,
unless the lot size is two (2) acres or greater.
62
ITEM NUMBER: B - 1
DATE: 1/11/11
(6) The design of private sewage disposal systems shall incorporate an approved
filtering device to remove solids from effluent at the outlet of septic tanks.
(7) When a seepage pit percolation rate exceeds thirty (30) minutes/inch, a private
sewage disposal system using a seepage pit shall not be allowed.
(8) Seepage pit (dry well) types systems shall be designed, inspected, and be certified
to be in substantial conformance with the City approved engineering plans by a registered civil
engineer.
(9) A one hundred (100) percent expansion area shall be provided on all building
sites, shall be identified on all plans submitted for private sewage disposal systems, and shall
remain available for system expansion. If areas reserved for system expansion are not accessible
for future installation, then the expansion area shall be installed when the primary system is
installed. When the primary and expansion systems are installed jointly, a means of switching
flows to each field shall be provided.
(10) Inspection risers with four (4) inches minimum diameter shall be installed at the
ends of each absorption trench or bed. The inspection riser shall be open on the bottom of the
trench or perforated.
(f) Septic Tanks.
(1) Septic tank manholes more than twenty-four(24)inches below grade, valves,
distribution boxes, and pumps shall be permanently accessible to the surface in a manner
acceptable to the Authority Having Jurisdiction.
(2) Septic tanks shall be constructed and installed as specified in the California
Plumbing Code, Appendix K. In addition, the following standards shall be met. Septic tank sizes
shall be in conformance with Table 4-7. Septic tanks shall be repaired only by a licensed
contractor.
(i) Water tightness shall be ensured prior to backfilling the excavation around the
tank. The water tightness test shall be conducted in conformity with the American Society for
Testing and Materials (ASTM) Standard C 1227 or equivalent. The installer shall provide a
written report of the results of the test to the Building Official.
(ii) All septic tanks for new systems and replacement tanks for existing systems shall
be equipped with an effluent filter that complies with the American National Standards Institute
(ANSI) Standard 46. The filter shall be accessible for cleaning, replacement and maintenance.
Filters shall be maintained as required by their listing; the owner shall maintain records of filter
maintenance but need not submit these records to the County.
(iii) Septic tanks and other system components installed with more than three (3) feet
of earth cover or beneath surfaces subject to vehicular traffic (such as driveways and vehicle
turnarounds) shall be traffic rated or engineered to support the additional load.
63
ITEM NUMBER: B - 1
DATE: 1/11/11
(iv) Each compartment of the septic tank shall be provided with a watertight riser,
capable of withstanding anticipated structural loads and extending to grade level for ease of
maintenance. Risers shall be constructed of concrete, PVC, fiberglass or other approved material,
with a minimum inside horizontal measurement of twenty (20) inches. Risers shall be covered
with tight fitting lids that are gas tight, securely fastened with stainless steel or other
noncorrosive fasteners, resistant to vandals, tampering, and access by children. Surface water
shall be diverted away from the riser cover or septic tank lid providing a sloping surface away
from the riser, or extending the riser at least six (6) inches above grade. If the lid is in a driveway
or other traffic area, the lids and risers shall be structurally designed to support vehicle weight.
(v) Wooden and metal septic tanks are prohibited, as are cesspools.
(g) Seepage Pit Design
(1) A statement of infeasibility of leaching trenches or beds is required, except for a
seepage pit that is designed to the standards of this section to replace an existing seepage pit
system.
(2) Seepage pits shall be cylindrical in shape with a diameter of not less than four(4)
feet, or more than six (6) feet. Construction of a seepage pit with a diameter less than four (4)
feet or greater than six (6)feet may be permitted with written approval of the Authority Having
Jurisdiction.
(3) Seepage pits shall have a centrally located four (4) inch diameter perforated pipe
which extends from the inlet to the bottom of the pit and the space around the pipe shall be filled
with washed gravel which may vary in size from three-fourths (3/4) inch to two and one-half(2
1/2) inches. A smaller gravel size may be used if the Design Engineer can provide justification
for its use and written approval is obtained from the Authority Having Jurisdiction. When
necessary to meet minimum slope setback requirements, the upper portion of the central pipe
shall be unperforated.
(4) Rock fill in seepage pits shall be covered with one layer of a geotextile fabric
designed for the purpose or approved equivalent, and backfilled with a minimum of twelve (12)
inches of clean earth cover, free of debris and rock.
(5) Seepage pits shall have an effective disposal depth of at least ten (10) feet.
Effective disposal depth is defined as total depth subtracted by the distance below the grade to
the uppermost disposal pipe perforation.
(6) The maximum depth of a seepage pit shall be fifty (50) feet, unless the building
official provides written approval for a greater depth.
(7) Multiple seepage pit installations shall receive septic tank effluent via an
approved distribution method. The percentage distribution of effluent entering each seepage pit
shall be determined by the performance test of the seepage pit and shall be approved by the
Authority Having Jurisdiction.
64
ITEM NUMBER: B- 1
DATE: 1/11/11
(8) The maximum effluent application rate for a seepage pit is 0.30 gallons/square
foot/day.
(9) Seepage pits shall maintain all horizontal and vertical setback requirements listed
in this chapter.
(h) One hundred Percent (100%) Expansion Area. All systems shall be designed and
constructed to reserve sufficient site area for a one hundred percent (100%) replacement
dispersal system/area. Installation of dual fields shall be required for all sites when access for
installation of the replacement field/area would not be feasible after initial site development.
When the primary and expansion systems are installed jointly, a means of switching flows to
each field shall be provided.
(i) Design Flow Rate. For single-family dwellings, the daily design flow shall be
three hundred seventy-five (375) gallons per day for up to four (4) bedrooms, with one hundred
fifty (150) gallons per day for each additional bedroom in excess of four (4). For other
occupancies, refer to the California Plumbing Code, Appendix K.
(j) Special Design Standards. The following standards shall be used in the design of
new or enlarged private sewage disposal systems where the percolation rate equals or exceeds
thirty (30)minutes per inch. Designs for alternate types of private sewage disposal systems shall
be by a Registered Civil Engineer and may be approved by the Administrative Authority, and
shall be approved by the Central Coast Regional Water Quality Control Board, when the Design
Engineer submits adequate substantiating data with the design.
(1) Determination of Size of Disposal Field. The size of the disposal field shall be
determined by the Design Engineer using methods of accepted engineering practice including
manuals and documents specified in this chapter or as otherwise approved by the Authority
Having Jurisdiction.
(2) Location of Private Sewage Disposal System. The minimum distance between
components of a private sewage disposal system and other site features shall be as set forth in
Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using
the column entitled "Leach Field or Seepage Bed."
(3) When private sewage disposal systems are designed pursuant to this section, the
Design Engineer shall provide the owner with information on the location, design operation and
maintenance of the private sewage disposal system.
(4) Existing legal building sites that are served by an individual on-site well may be
approved for a private sewage disposal system only if the site is one (1) acre or larger in size and
meets other regulations and requirements regarding septic setbacks and distance separation.
(5) One Hundred Percent (100%) Expansion Area. All systems shall be designed and
constructed to reserve sufficient site area for a one hundred percent (100%)replacement
65
ITEM NUMBER: B - 1
DATE: 1/11/11
dispersal system/area. Installation of dual fields shall be required for all sites when access for
installation of the replacement field/area would not be feasible after initial site development.
(k) Replacement of Existing Private Sewage Disposal System. Where an existing
private sewage disposal system has failed, the replacement system shall be designed in
conformance with this chapter and shall be designed, inspected and be certified to be in
substantial conformance with the City approved engineering plans by a Registered Civil
Engineer. In the event that the replacement system cannot be designed to conform with this
chapter, the Authority Having Jurisdiction may approve a system designed to lesser standards
when it is designed, inspected and be certified to be in substantial conformance with the City
approved engineering plans by a Registered Civil Engineer.
(1) A private sewage disposal system shall not be replaced by another system if
sewers are available and are either within two hundred (200) feet of the structure, as required by
the plumbing code, or sewers are at the property line.
(2) The Authority Having Jurisdiction shall not approve a replacement system that
does not conform to prohibitions set forth in the "Water Quality Control Plan—Central Coast
Basin," unless the Regional Water Quality Control Board or its designed representative has
previously approved the design. The Administrative Authority may authorize a temporary means
of sewage disposal pending such approval.
(1) Tables.
66
ITEM NUMBER: B - 1
DATE: 1/11/11
Table 4-1
Absorption Area Requirements
Percolation Rate (Minutes/Inch) Absor tion Area per Bedroom (Square Feet)
0-9 150
10 165
11-15 190
16-20 215
21-25 230
26-30 250
31-35 270
36-40 285
41-45 300
46-50 315
51-60 330
61-70 380
71-80 430
81-90 520
91-100 660
101-110 830
111-120 1250
Table 4-2
Standard Trench Adjustment Factor
Depth of Gravel Below Pipes
(Inches) Trench Width(Inches)
12 1 18 24 30 36 42 48 1 54 60
12 .75 .78 .80 .82 .83 .85 .86 .87 .87
18 .60 .64 .66 .69 .71 .73 .75 .77 .78
24 .50 .54 .57 .60 .62 .64 .66 .68 .70
30 .43 .47 .50 .53 .55 .58 .60 .62 .64
36 .37 .41 .44 .47 .50 .52 .54 .56 .58
42 .33 .37 .40 .43 1 .45 1 .48 .50 .52 .54
48 1 .30 1 .33 1 .36 .39 .42 .44 .46 1 .48 .50
Note:For trenches not shown in Table 4-2,the standard trench adjustment factor may be:
W + 2
Trench Adjustment Factor= W + 1 + 2D
W = width of trench in feet
D = depth of gravel below pipe (in feet)
67
ITEM NUMBER: B - 1
DATE: 1/11/11
Table 4-3
Horizontal Distance Separation (In Feet)
Leach Field or
Building Sewer Septic Tank Seepa Bed Seepage Pit
3uil,.1ings or structures,including porches,steps, 2 5 8t 8t'
h- ec eways,patios,and carports whether covered
or not
Property line Clear(2) 5 5 10
Water supply well in unconfined aquifer 50') 50 100 150
Watercourse 50 50 100 too
;wales ) 50 50 50 50
'ative Trees * to(,) * tot
iee a e pits — 5 5 12
Leach field or seepage bed — 5 6 5
On-site domestic water service line 1 5 5 5
Distribution box — — 5 5
I Pressure public water main 10O 10 10 10
Sloping ground,cuts,or other embankments — — _TTT 15(6)
Reservoirs t",including ponds,lakes,tanks, 200 200 200"' 200"'
blsins,etc.for storage,regulation and control of
v,,te,recreation,power,flood control or linking
Springs
100 100 100 100
Distance separation shall be increased to twenty(20)feet when building or structure is located on a downward slope below a
leach field, seepage bed or seepage pit.
�t See Section 315(c)of this Code.
Distance separation may be reduced to twenty-five(25)feet when the drainage piping is constructed of materials approved
for rise within a building.
See Section 1108 of this Code.
7-or parallel construction or crossings,approval by the Health Department shall be required.
Distance is measured as horizontal distance to daylight.This distance may be reduced where it is demonstrated that favorable
neologie conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils
';ngineer.
�)istance is measured at spillway elevation.
A natural or artificial channel for passage of water,a running stream of water,or a natural stream fed from permanent or
natural sources such as rivers,creeks,runs,and rivulets.There must be a stream,usually flowing in a particular direction
(though it need not flow continuously)in a definite channel,having a bed or banks and usually discharging into a stream or
body of water.
Hyl A,pond,lake,tank,basin or other space either natural or created whole or in part by the building of engineering structures,
wh'_�h is used for storage,regulation,and control of water,recreation,power,flood control,or drinking.
'c-pographic low point that conveys water to watercourses.
Sc:tree protection guidelines.
68
ITEM NUMBER: B - 1
DATE: 1/11/11
Table 4-4
Vertical Distance Separation (In Feet)
Leach Field or Seepage Bed Seepage Pit
Ground water. where percolation rate(min/in)is
<1 50
1-4 20
5-29 8
>30 5
Groundwater, where soil is
Gravels 2 50
Gravels with few fines 20
Other 10
Bedrock 10 10
Note: Distance is measured from bottom of trench or pit.
Unless a setback distance of at least two hundred fifty(250)feet to any domestic water supply well or surface water is
assured.In this case the minimum separation shall be ten(10)feet.
2 Gravels—Soils with over ninety-five percent(95%)by weight coarser than a No.200 sieve and over one-half(1/2)of the
coarse fraction larger than a No.4 sieve.
Gravels with few fines—Soils with ninety percent(90%)to ninety-four percent(9417c)coarse fraction larger than a No.4
sieve.
69
ITEM NUMBER: B - 1
DATE: 1/11/11
Table 4-5
Hi Capacity Infiltrator System Design
Requirements
Percolation Rate Infiltrator Trench Length(feet)*
High Ca acity Chambers
I bed 2 bed 3 bed 4 bed'
<1-9 30 60 90 120
10 36 66 96 132
11-15 42 72 114 154
16-20 48 1 84 126 1 172
21-26 54 90 138 180
26-29 60 96 150 198
30+ Design by Engineer
Tien h lengths good for up to three(3)bedrooms.
li(,mes larger than four(4)bedrooms shall be calculated as required by this chapter.
Consult manufacturer design criteria for alternative product design criteria.This information shall be submitted to the City
for review prior to system approval.
Table 4-6
Requirements for Gravel Standard System Trench Lengths
Standard 3'x3'Trench Length(feet)*
Gravel Trench
Percolation Rate 1 bed 2 bed 3 bed 4 bed'
<1-9 25 50 75 100
10 28 55 83 110
11-15 32 63 95 127
16-20 36 72 108 143
_ 21-26 38 77 1 115 153
26-29 42 1 83 1 125 167
30+ Design by Engineer
Three(3)ft.wide by three(3)ft.deep trench,with.Sof gravel above pipe invert.Any alternative trench configuration shall
calculated according to the requirements of this chapter.
14nmes larger than four(4)bedrooms shall be calculated as required by this chapter.
7C
ITEM NUMBER: B - 1
DATE: 1/11/1 i
Table 4-7
Required Size of Septic Tank for
Single-Family Dwelling
Number of Bedrooms Minimum* Septic Tank Capacity in Gallons
1 or 2 750
3 1,000
4 1,200
5 or 6 1,500
See California Plumbing Code for an expanded list of tank sizes.
(Ord. 520 § 1 (part), 2007)
Chapter 7 MECHANICAL CODE
8-7.101 Modifications to the California Mechanical Code.
(a) Delete Chapter 1, Divison II. Administration of the mechanical code shall be as
set forth in Chapter 1 Division II of the California Building Code.
O
b Adopt Appendix A, B, C and D. (Ord. 520 § 1 (P pp art), 2007)P
Chapter 8 GREEN BUILDING CODE
8-8.101 Modifications to the California Green Building Code
(a) Delete Appendix A4 and A5
Chapter 9 UNSAFE BUILDINGS AND STRUCTURES
8-9.101 Modifications to the International Property Maintenance Code.
(a) Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of Atascadero,
hereinafter referred to as "this code".
(b) Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the California
Building Standards Code and other applicable laws and ordinances.
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ITEM NUMBER: B - 1
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(c) Amend Section 103.1 to read as follows:
1 General. The office of property maintenance inspection is hereby created and the
;;�ttive official in charge thereof shall be known as the code official.
(d) Amend Section 103.5 to read as follows:
x_03.5 Fees. The fees for activities and services performed by the code official under this code
.hall be in accordance with the schedule as established by the applicable governing authority.
(e)
(Ord. 520 § 1 (part), 2007)
-6-? pter 10 WATER EFFICIENT LANDSCAPE AND IRRIGATION
®1.U.101 Purpose.
Consistent with California State law, it is the purpose of this chapter to:
(a) Promote the values and benefits of landscapes while recognizing the need to use
vv.ater resources as efficiently as possible;
(b) Prevent unreasonable water waste by limiting landscape water use to the amount
reasonably required for beneficial use;
(c) Establish a structure for planning, designing, installing, maintaining, and
Ll-iiaging water efficient landscapes in new construction and rehabilitated projects. (Ord. 548 §
2. 2010)
8-1.0.102 Definitions.
"Certificate of completion" means the document required under Section 8-8.105(c).
"Landscapable area" means all the planting areas, turf areas, and water features in a
la-�J.scape design plan. The landscape area does not include footprints of buildings or structures,
L'�idc:',valks, driveways, parking lots, decks, or patios.
"Landscape contractor" means a person licensed by the State of California to construct,
man-:tain, repair, install, or subcontract the development of landscape systems.
"Landscape documentation package (LDP)" means the documents required under Section
8-8.105(b).
"Landscape project" means total area of landscape in a project as defined in "landscape
arca" for the purposes of this chapter.
ITEM NUMBER: B - 1
DATE: 1/11/11
"Multifamily residential" means two (2) or more attached residential units. Landscape
areas for multiple detached units on one (1) parcel will be considered single-family units for the
purposes of this chapter.
"New construction" means, for the purposes of this chapter, a new building with a
landscape or other new landscape, such as a park, playground or greenbelt without an associated
building.
"Permit" means an authorizing document issued by local agencies for new construction
or rehabilitated landscapes.
"Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
"Project applicant" means the individual or entity requesting a permit, plan check or
design review from the local agency. A project applicant may be the property owner or designee.
"Rehabilitated landscape" means any relandscaping project that requires a permit, plan
check, or design review.
"Runoff" means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape area. For example, runoff may result from water that is
applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
"Single-family residential" means one (1)home on one (1) lot, or multiple detached units
on one (1) lot (not attached).
"Soil moisture sensing device" or "soil moisture sensor" means a device that measures
the amount of water in the soil. The device may also suspend or initiate an irrigation event.
"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.
Bern-iudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo
grass are warm-season grasses.
"Valve" means a device used to control the flow of water in the irrigation system.
"Water conserving plant species" means a plant species identified as having a low plant
factor.
"Water waste runoff" means water flowing away from property and which is caused by
excessive application(s) of water beyond reasonable or practical flow rates, water volumes or
duration of application. (Ord. 548 § 2, 2010)
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ITEM NUMBER: B - 1
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6-10.103 Applicability.
The information within this chapter applies to new construction and rehabilitated
ndscapes for commercial, industrial and residential projects that are subject to the development
review process and/or a building permit with the exception of subsection (f), which applies to all
properties within the City limits.
(a) Development Review Process. In conjunction with the submittal of a project for
development review (tentative parcel map, tentative tract, development plan or conditional use
permit), conceptual landscape and irrigation plans shall be provided that demonstrate that the
design of the landscaping and irrigation complies with the standards within this chapter. These
plans shall be reviewed by City staff during the development review process.
(b) Building Permit. In conjunction with the submittal of a project for building permit
,-,,an check, final landscape and irrigation plans, in compliance with this chapter, shall be
submitted with the project. After a plan check review by the Planning and/or Building and/or
Public Works Departments for compliance with this chapter, a building permit may be issued.
=gees consistent with the fees established for building plan check will be applied for staff review
-f the landscape and irrigation plan.
(1) Residential Building Permits.
(i) Landscape plans in compliance with this chapter shall be required to be submitted
with all new single-family residences and new second unit building permits.
(ii) Landscape plans shall be required in conjunction with residential remodels and
additions only when new landscape is proposed to be installed. All new landscape and
relandscaping shall be compliant with this chapter.
(2) Nonresidential Building Permits.
(i) Landscape plans in compliance with this chapter shall be required to be submitted
with building permits for all new nonresidential construction.
(ii) When submitting a building permit for nonresidential remodels and additions, a
landscape plan shall be submitted to bring the site into compliance with Section 8-8.104. Only
alterations required for compliance with Section 8-8.104 shall be required to be shown on the
landscape plan.
(c) Certificate of Completion. Once the landscape and irrigation plans and necessary
ocumentation has been provided in substantial compliance with the LDP, a certificate of
completion may be issued. A certificate of completion shall be issued prior to the project
receiving a certificate of occupancy by the Building Division.
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ITEM NUMBER: B - 1
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(d) Landscape and Irrigation Installation. For both projects less than or greater than
one (1) acre, the landscape and irrigation shall be installed per the approved plans prior to the
issuance of a certificate of occupancy or "final" of the building/project.
(e) Landscape Bond.
(1) For projects that have a landscape area of one (1) acre or greater and require a
LDP, a bond may be posted which would allow a building to be finaled and a certificate of
occupancy to be issued prior to the site landscape and irrigation being completed. The bond shall
be based on an estimate for labor and materials to complete the landscape and irrigation project
per the approved plans, plus an additional twenty-five (25) percent. The applicant shall fill out
the landscape bond security bond agreement along with the necessary bonding information, to
the Public Works Department for review and approval to determine the specific bond amount.
(2) For projects that have a landscape area of less than one (1) acre which does not
require the LDP, the Community Development Director or designee may approve a bond to be
posted which would allow a building to be finaled and a certificate of occupancy to be issued
prior to the site landscape and irrigation being completed.
(f) Water Waste Prevention. This provision applies to all properties with the City
limits.
(1) Overhead irrigation of residential and commercial landscapes, including golf
courses, parks, school grounds and recreation fields, shall be prohibited between the hours of
10:00 a.m. and 5:00 p.m.
(i) Exceptions to the permitted watering timeframe are permitted for renovation or
repair of the irrigation system with an operator present, landscape irrigation audits, the reseeding
or planting of turf grass not to exceed an establishment period of twenty-one (21) consecutive
days, or the application of a landscape fertilizer that requires watering in.
(2) Water runoff shall be prohibited. Watering or irrigating of any lawn, landscape or
other vegetated area in a manner that causes or allows excessive water flow or runoff onto an
adjoining sidewalk, driveway, parking lot, street, alley, gutter, ditch, or adjacent property is
prohibited. (Ord. 548 § 2, 2010)
8-10.104 Landscape standards and limitations for new construction and rehabilitated
landscapes.
(a) All project landscaping and irrigation plans/designs (residential, commercial,
industrial) shall comply with the following standards and limitations:
(1) Turf areas less than eight (8) feet in width in any direction are prohibited;
75
ITEM NUMBER: B - 1
DATE: 1/11/11
-
(2) Turf shall be prohibited within the public right-of-way, including p arkwa s•
y ,
(3) Turf shall be prohibited on slopes greater than twenty (20)percent where the toe
of the slope is adjacent to an impermeable hardscape (where twenty (20)percent means one (1)
foot of vertical elevation change for every five (5) feet of horizontal length rise divided by run X
100= slope percent);
(4) Developments shall be graded to maximize the on-site distribution of runoff to
planted areas;
(5) For nonturf areas, landscape shall utilize a planting palette of low water use plants
designated by the Atascadero Mutual Water Company's list of water conserving plants;
(6) A minimum two (2) inch layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct
seeding applications where mulch is contraindicated;
(7) For nonturf areas, drip irrigation and nonoverhead spray methods shall be utilized;
(8) Irrigation control systems shall utilize rain sensors, either integral or auxiliary,
that suspend irrigation during and after rainfall events;
(9) Irrigation systems shall be designed to prevent runoff, low head drainage,
overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such
as adjacent property, nonirrigated areas, hardscapes, roadways, or structures;
(10) Spray irrigation shall be prohibited within twenty-four (24) inches of
nonpermeable surfaces such as,but not limited to, concrete sidewalks and driveways. Allowable
irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other
low-flow nonspray type of systems. The setback area may be planted or nonplanted. The
surfacing of the setback may be mulch, gravel, cobles, or other porous material. These
restrictions may be modified if the landscape area is adjacent to permeable surfacing, and no
runoff occurs or the adjacent nonpermeable surface drains entirely to landscaped areas;
(11) Water features shall use recirculating water systems;
(12) The architectural guidelines and codes, covenants, and restrictions of common
interest developments shall not have the effect of prohibiting the use of low-water use plants or
requiring turf grass in landscaped areas;
(13) The Building Official shall have the authority to grant modifications to
subsections (1) through (12) for individual cases provided that the Building Official first finds
that the modification is in compliance with the intent and purpose of this chapter and that such
modification does not create water waste or additional water use than would be created if
subsections (1) through (12) were implemented.
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ITEM NUMBER: B - 1
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(b) Commercial and industrial projects shall comply with the following turf
limitations:
(1) The area planted in turf grass and irrigated with spray irrigation shall be limited to
ten (10) percent of the development's landscapable area or two thousand five hundred (2,500)
square feet, whichever is less.
(i) Exceptions. This section does not apply to cemeteries, plant collections as part of
botanical gardens and arboretums open to the public, City and public parks, and school sports
fields.
(c) Single-family residences shall comply with the following turf limitations:
(1) Turf grass installed with spray irrigation on residential lots shall be limited to
twenty-five (25) percent of the landscapable area or two thousand five hundred(2,500) square
feet, whichever is less.
(d) Multifamily projects and residential subdivision tracts shall comply with the
following turf limitations:
(1) Turf grass installed with spray irrigation on individual residential lots shall be
limited to twenty-five (25) percent of the landscapable area or two thousand five hundred (2,500)
square feet, whichever is less.
(i) Landscape area for new residential subdivisions will be calculated on an
individual lot basis as each lot develops, not a total of landscape areas prior to subdivision.
(2) Turf grass in common outdoor areas (including landscape and lighting district
areas) shall be limited to ten (10) percent of the landscapable area.
(i) The ten (10) percent limitation shall be exclusive of areas designed as active play
surfaces (e.g., ballfields, playgrounds, picnic areas). All other common landscape within the
subdivision or multifamily project will be designed under one (1) permit subject to the maximum
turf limitations.
(ii) Active play areas open to the public are exempt from this provision.
(e) Model homes shall comply with the following:
(1) Turf grass shall be prohibited in the front yards of model homes, and shall be
limited to fifty (50) percent of the landscapable area in back and side yards, or two thousand five
hundred(2,500) square feet, whichever is less.
(2) Model homes shall be used to educate future home owners about water efficient
landscape and irrigation techniques. Education features for model homes shall include:
77
ITEM NUMBER: B - 1
DATE: 1/11/11
(i) The installation of interpretive landscape information signs that describe the
principles of water efficient landscapes including features such as hydrozones, appropriate
i rid 'on equipment and others techniques that contribute to the overall water efficient irrigation
ne.
(ii) Information shall be provided to new home owners that include techniques on
c: >-gning, installing, managing, and maintaining water efficient landscapes.
(f) Rehabilitated landscapes shall comply with the following:
(1) Rehabilitated landscapes shall comply with the turf limitations and water use
standards as outlined in subsections (a) through (e), as appropriate to the property type.
(2) Landscape plans for rehabilitated landscapes shall be reviewed for compliance
..;n, the standards when proposed or required as part of a building or grading permit,
discretionary review, and/or when required by Section 8-8.105. (Ord. 548 § 2, 2010)
�-1.0.105 Requirements for landscaped areas equal to or greater than one (1) acre.
(a) Projects that have a landscape area equal to or greater than one (1) acre shall meet
the following requirements:
(1) Project shall comply with all of the items identified in Section 8-8.104.
(2) Weather-based irrigation controllers, soil moisture-based controllers, or other self-
aci)usting irrigation controllers shall be required for irrigation scheduling.
(b) The following documents and plans shall be submitted prior to the issuance of a
:uilding permit for the associated project (please refer to the Landscape and Irrigation Design
r Ade for specific forms and criteria).
Compliance with landscape documentation package which includes completion of the
_) iowing items:
(1) Project information;
(2) Water efficient landscape worksheet;
(3) Soil management report;
(4) Landscape design plan;
(5) Irrigation design plan;
(6) Grading design plan.
78
ITEM NUMBER: B-1
DATE: 1/11/11
Note: the landscape area for new residential subdivisions will be calculated on an
individual lot basis as each lot develops, not a total of landscape areas prior to subdivision.
Therefore, generally a residential subdivision will not require an LDP for individual lot
landscaping.
However, if the common landscape areas within the subdivision, multifamily project, or
landscape and lighting district total one (1) acre or greater, an LDP for those areas shall be
completed under a single permit.
(c) The following documents and plans need to be completed and the landscape and
ii-rigation project shall be installed prior to the issuance of a certificate of occupancy or building
permit final for the associated project (please refer to the Landscape and Irrigation Design Guide
for specific forms and criteria).
Certificate of completion which includes documentation of the following items:
(1) Irrigation scheduling;
(2) Landscape and irrigation maintenance schedule;
(3) Irrigation audit, irrigation survey and irrigation water use analysis;
(4) Irrigation efficiency;
(5) Stormwater management. (Ord. 548 § 2, 2010)
Chapter 9 RESERVED
Chapter 10 UNREINFORCED MASONRY
8-11.101 Modifications to the California Existing Building Code.
(a) Adopt Appendix Al
(b) Add Appendix Section 102.3 to read as follows:
102.3 Compliance with other codes. All conforming and legal nonconforming buildings that
are required to be strengthened by alteration as a result of this chapter shall not be required to
comply with current site improvement standards of the City zoning ordinance, including parking
and landscaping.
(c) Add definitions to Section A103 to read as follows:
ESSENTIAL BUILDING. A building of unreinforced masonry construction that contains a
hospital or other medical facility having surgery or emergency treatment areas, fire and police
stations or a municipal government disaster operation and communication center.
79
ITEM NUMBER: B - 1
DATE: 1/11/11
HIGH-RISK BUILDING.A building of unreinforced masonry construction that is not an
Fsential building. A high-risk building shall not include a building having exterior walls braced
with masonry crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each
story; crosswalls shall be full story height with a minimum length of one and one-half(1 1/2)
times the story height.
(d) Add Appendix Section Al 15 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
Rating classifications. The rating classifications shown in Table A115.1 of this section
re c_;tablished and each building within the scope of this chapter shall be placed in one such
rating classification by the building official.
Exception: Portions of buildings constructed to act independently when resisting seismic forces
rr-a - be placed in separate rating classifications.
TABLE A115.1
RATING CLASSIFICATIONS
Type of Building Class
Essential Building I
High Risk Building II
A115.1.1 General requirements.
The owner of each building within the scope of this chapter shall cause a structural analysis of
the building to be made by a civil or structural engineer or architect licensed by the State of
California. If the building does not meet the minimum earthquake standards specified in this
chapter, the owner shall either cause it to be structurally altered to conform to such standards
or cause the building to be demolished.
The owner of each building within the scope of this chapter shall comply with the requirements
s,-- forth above by submitting to the building official for review within the stated time limits:
ITEM NUMBER: B - 1
DATE: 1/11/11
1. On or before January 1, 2005, a structural analysis, which is subject to approval by the
building official, and which shall demonstrate that the building meets the minimum requirements
of this chapter; or
2. On or before January 1, 2005, a structural analysis and plans for the proposed
structural alterations of the building necessary to comply with the minimum requirements of this
chapter; or
3. On or before January 1, 2005, plans for the demolition of the building.
After plans are submitted and approved by the building official, the owner shall obtain a building
permit, commence and complete the required construction within the time limits set forth in Table
A115.1.1.
TABLE A115.1.1
TIME LIMITS FOR COMPLIANCE
Deadline for Building Permit From Date of Permit Issuance
Submission of Issuance Deadline
Rating Occupant Rehabilitation for Strengthening Complete
Classification Load Plans or Demolition Commence Within Within
I Any January 1,2005 January 1,2005 180 days 3 years
II Any January 1,2005 January 1,2005 180 days 3 years
A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination that a
building is of unreinforced masonry construction issue a notice and order as provided in this
section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be
in writing and shall be served either personally or by certified or registered mail upon the owner
as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or
control of the building. The failure of any such person to receive such notice or order shall not
affect the validity of any proceedings taken under this chapter or relieve any such person from
any duty or obligation imposed on him by the provisions of this chapter.
81
ITEM NUMBER: B- 1
DATE: 1/11/11
A:�.15.2.3 Content of notice and order. The notice shall specify that the building has been
_,..ermined by the building official to be within the scope of this chapter and, therefore, is subject
,c, the minimum seismic standards of this chapter. The order shall direct the owner to obtain a
'�s:-.ilding or demolition permit as required by this chapter and cause the building to be structurally
altered to conform to the provisions of this chapter, or cause the building to be demolished. The
-,,Ice or order shall be accompanied by a copy of Section Al15.1, which sets forth the owner's
��.sponsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of Appeals
stablished by Appendix Section 112 of the California Building Code, as adopted. Such appeal
shall be filed with the Board within 60 days from the service date of the order described in
rection Al 15.2. Any appeal shall be decided by the Board no later than 90 days after filing and
grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications
om any other determinations, orders or actions by the building official pursuant to this chapter
shall be made in accordance with the procedures established in Appendix Section 104.10 of the
Oiforma Building Code.
1.15.4 Recordation. At the time that the building official serves the aforementioned notice, the
-gilding official shall also file and record with the office of the county recorder a certificate
stating that the subject building is within the scope of this chapter and is a potentially earthquake
Hazardous building. The certificate shall also state that the owner thereof will be ordered to
structurally analyze the building to determine compliance with this chapter.
the building is either demolished, found not to be within the scope of this chapter, or is
-turally capable of resisting minimum seismic forces required by this chapter as a result of
L,,ructural alterations or an analysis, the building official shall file and record with the office of
tie county recorder a form terminating the status of the subject building as being classified
within the scope of this chapter.
115.5 Enforcement. If the owner in charge or control of the subject building fails to comply
Alith any order issued by the building official pursuant to this chapter within the time limit set
forth in Section Al 15.1, the building official shall verify that the record owner of this building
is been properly served. If the order has been served on the record owner, then the following
provisions apply:
1. The building official may order that the entire building be vacated and that the
_]ding remain vacated until such order has been complied with. If compliance with such order
has not been accomplished within 90 days after the date the building has been ordered vacated or
sucl. additional time as may have been granted by the Board of Appeals, the building official
may oder its demolition in accordance with the provisions of Sections 107, 108, and 109 of the
International Property Maintenance Code.
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ITEM NUMBER: B - 1
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2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and
is subject to the penalty as provided for in Chapter 1 of the City of Atascadero Municipal Code.
(Ord. 520 § I (part), 2007)
Chapter 12 POST-DISASTER REGULATIONS
8-12.101 Intent.
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy following an earthquake or other destructive event. The
chapter further authorizes the building official and his or her representatives to post the
appropriate placard at each entry to a building or structure upon completion of a safety
assessment. (Ord. 520 § 1 (part), 2007)
8-12.102 Application of provisions.
The provisions of this chapter are applicable to all buildings and structures of all
occupancies regulated by the City of Atascadero following each destructive event. The City
Council may extend the provisions as necessary. (Ord. 520 § 1 (part), 2007)
8-12.103 Definitions.
SAFETY ASSESSMENT. A visual, nondestructive examination of a building or
structure for the purpose of determining the condition for continued use. (Ord. 520 § 1 (part),
2007)
8-12.104 Placards.
(a) The following official placards shall be used to designate the condition for
occupancy of buildings or structures:
(1) Green: "Inspected—Lawful Occupancy Permitted" is to be posted on any building
or structure wherein no apparent structural hazard has been found. This placard is not intended to
mean that there is no damage to the building or structure.
(2) Yellow: "Restricted Use" is to be posted on each building or structure that has
been damaged wherein the damage has resulted in some form of restriction to the continued
occupancy. The individual who posts this placard will note in general terms the type of damage
encountered and will clearly and concisely note the restriction on continued occupancy.
(3) Red: "Unsafe—Do Not Enter or Occupy" is to be posted on each building or
structure that has been damaged such that continued occupancy poses a threat to life safety.
Buildings or structures posted with this placard shall not be entered under any circumstances
except as authorized in writing by the building official or his or her authorized representative.
83
ITEM NUMBER: B - 1
DATE: 1/11/11
� n ll authorized to enter these buildings at an time. This placard is
v assessment teams shall be
g Y
be used or considered as a demolition order. The individual who posts this placard will
nef-I in general terms the type of damaged encountered.
(b) The placard shall display the number of the ordinance codified in this chapter, and
name, address and phone number of the jurisdiction.
(c) Once the placard has been attached to the building or structure, it shall not be
emo,,,ed, altered or covered until authorized representative by the Building Official. It shall be
unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless
authorized pursuant to this section. (Ord. 520 § 1 (part), 2007)
ITEM NUMBER: B - 1
DATE: 1/11/11
ATASCADERO MUNICIPAL CODE
TITLE 4
Chapter 7 FIRE CODE
4-7.101 Title.
4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code.
4-7.103 Modifications to the California Fire Code.
4-7.104 Modifications to the International Wildland-Urban Interface Code.
4-7.101 Title.
This chapter shall be known as the City of Atascadero Fire Code. (2010)
4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code.
Two (2) documents, three (3) of which are on file in City offices, identified by the Seal of
the City of Atascadero, marked and designated as the (2010)Edition of the California Fire Code
and the 2009 Edition of the International Wildland-Urban Interface Code published by the
International Code Council are hereby adopted, including chapters and sections not adopted by
agencies of the State of California, and including appendices thereto, as the Fire Prevention
Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and
made a part hereof as if fully set out in this chapter except as modified hereinafter (2010)
4-7.103 Modifications to the California Fire Code.
} (a) Delete Appendix Chapter A.
(b) Adopt Appendix D without Table D103.4 and Figure D103.1
(c) Amend Chapter 1, Division 11, Section 10 1.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of Atascadero, hereinafter
referred to as "this code".
(d) Add Chapter 1, Division 11, Section 105.1.4 to read as follows:
105.1.4 Construction permit consolidation. Construction permits required under Appendix
Section 105.7 may be included with a construction permit issued by the building official under
Chapter 1 of the California Building Code. All applicable construction permit fees shall be
included in the consolidated construction permit issued by the building official.
(e) Amend Chapter 1, Division 11, Section 108.1 to read as follows:
85
ITEM NUMBER: B - 1
DATE: 1/11/11
108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions
or determinations made by the fire code official relative to the application and interpretations
of this code, there shall be and is hereby created a board of appeals. The board of appeals shall
be the City Council. The fire code official shall be an ex officio member and shall act as
secretary to said board but shall have no vote upon any matter before the board. The board
shall adopt rules of procedure for conducting its business.
(f) Amend Section 311.2.2 by deletion of Exceptions 1 and 2.
(g) Amend Section 503.1.1 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building measured by an approved route around the exterior
of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150 feet
(45,720 mm) where:
1. Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of protection is provided.
2. There are not more than two Group R-3 or Group U occupancies.
(h) Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly legible
and visible from the street or road fronting the property. All buildings with access via an alley or
other similar roadways shall have the address number provided on the rear door of the building
or tenant space. Address numbers shall contrast with their background. Address numbers shall be
Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high
with a minimum stroke width of 0.5 inch (12.7 mm) or as otherwise determined necessary by the
fire code official.
(i) Amend Section (507.2) to read as follows:
(507.2.2) Water tanks. Water Tanks are not permitted for private fire protection.
(j) Amend Section 609.2 and add Section 609.2.1 to read as follows:
86
ITEM NUMBER: B - 1
DATE: 1/11/11
609.2 Where required. A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that produce grease
vapors. Hood systems shall be tied into existing alarm systems.
(k) Amend Section 901.7 to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service, the fire
code official shall be notified immediately and, where required by the fire code official, the
building shall either be evacuated or an approved fire watch shall be provided for all occupants
left unprotected by the shut down until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for
notification of the fire department and their only duty shall be to perform constant patrols of
the protected premises and keep watch for fires. The person assigned to fire watch shall
maintain a written log of their activities during their assigned shift and the log shall be
provided to the fire code official upon request.
(1)Delete Sections 903.2 through 903.2.18. Add new Sections 903.2 and 903.2.1 through
903.2.18 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be installed:
1. Throughout all new buildings.
Exceptions:
1. Buildings containing Groups B and M occupancies where floor area is not more
than500 square feet (46.45 m 2) and located not less than 10 feet from adjacent
buildings on the same property and not less than 5 feet from adjacent property
lines.
2. Buildings containing Group U occupancies where floor area is less than 1000
square feet (92.9 m2) and located not less than 10 feet from adjacent buildings on
the same property and not less than 5 feet from adjacent property lines, unless part
of a mixed-occupancy building containing a Group R, Division 3occupancy.
3. Group U occupancy buildings that are open on at least three sides and not greater
than 3,000 square feet.
2. Throughout an existing building other than a Group R, Division 3 occupancy or a U
occupancy when accessory to a Group R, Division 3 occupancy whenever additions
exceed ten (10) percent of the total floor area of the existing building and the total
combined floor area will exceed 2,000 square feet (185.8 m2), or a second story or
greater is added, or the occupancy is changed to a more hazardous use.
3. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when
accessory to a Group R, Division 3 occupancy whenever additions exceed ten (10)
87
ITEM NUMBER: B - 1
DATE: 1/11/11
percent of the total floor area of the existing building and the total combined floor
area will exceed 5,000 square feet (185.8 m2).
Exceptions:
1. Group R, Division 3 occupancies where the total combined floor area will
not exceed 3,000 square feet (278.7 m2).
2. Group B and M occupancies whenever single or multiple additions will not
exceed 1,000 square feet (92.9 m2) beyond the size of the structure on the
effective date of this regulation or the total combined floor area will not
exceed 5,000 square feet (464.5 m2), and a second story or greater is not
added, and the occupancy is not changed to a more hazardous use.
4. When occupancy change increases fire risk or hazard
(n) Add section 903.2.1 Fire Sprinkler Hazard Categories to read as
follows:
903.2.2.Fire Sprinkler Hazard Categories. Hazard categories in regard to fire sprinkler
system requirements shall be in accordance with Table 903.2.1.
Table 903.2.1
Fire Sprinkler System Relative Hazard
Fire Sprinkler System Relative Hazard Categories
Relative Hazard Occupancy Classifications
1 (highest hazard) H
2 A, F-1, R-1, R-2, R-3.1, R-4, 1
3 F-2, R-3, E
4 B, M, 5-2, U
3. In additions to existing buildings equipped with an automatic fire sprinkler system.
For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the
floor area within the surrounding exterior walls shall be considered as one building.
An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications
buildings used exclusively for telecommunications equipment, associated electrical power
dstribution equipment, batteries and standby engines, provided those spaces or areas are
equipped throughout with an automatic fire alarm system and are separated from the remainder
of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and
2-hour fir-resistance-rated floor/ceiling assemblies.
ITEM NUMBER: B - 1
DATE: 1/11/11
system shall be installed as set forth in
903.2 General. An automatic fire-extinguishing
Y
Section 903.2 of the California Building Code as amended in Section 8-3.101 of the
Atascadero Municipal Code.
Section 903.2.3 through Section 903.2.10.3 not used. Text continues with Section 903.2.11.
(o) Add Section 904.11.4.2 to read as follows:
904.11.4.2 Wood or wood product fueled cooking. All commercial-type cooking equipment
using wood or wood products as fuel shall be protected by an automatic sprinkler system within
the hood and the duct work. The water supply may be provided from the building's fire sprinkler
system, or the domestic water supply. The minimum water flow calculation shall be 18 gallons
per minute (69 1pm) at 7 psi for each head. There shall be a separate control valve for the fire
sprinkler system protecting the commercial-type cooking equipment.
(p) Amend Section 904.11.6.4 to read as follows:
904.11.6.4 Extinguishing system service. Automatic fire-extinguishing systems shall be
serviced in accordance with the manufacturer's specifications and the California State Fire
Marshal's Standards at least every 6 months and after activation of the system. Service shall be
by licensed and qualified individuals, and a certificate of inspection shall be forwarded to the fire
code official as set forth in section 609.2.1.
(q) Add Sections 907.20.5.1 through 907.20.5.3 to read as follows:
(907.9.5.1) False alarms. The fire code official is authorized to seek cost recovery for a fire
department response to an alarm system activation which is determined to be a false alarm
caused by system malfunction, system misuse or other non-emergency causes.
(907.9.5.2) False alarm frequency. The cost recovery fee will be charged for all responses after
the second false alarm in a calendar year.
(907.9.5.3) False alarm fee. The amount of the cost recovery fee will be as set forth in the City
of Atascadero User Fees Schedule. Additional fees may be charged for extraordinary
circumstances.
(r) Add Section 1411.3 to read as follows:
1411.3 Temporary exit signage. All buildings under construction or undergoing demolition
shall be provided with temporary exit signage when any one or more of the following conditions
are present:
1. The building is 15,000 square feet or larger.
2. When in the opinion of the fire code official, exit signage is necessary due to the design of
the building or other unusual circumstances are present.
89
ITEM NUMBER: B - 1
DATE: 1/11/11
The location and design of the exit signs shall be determined by the fire code official.
(s) Amend Section 1415.1 to read as follows:
1415.1 Where required. Structures under construction, alteration or demolition shall be
provided with not less than one approved portable fire extinguisher in accordance with Section
906 and sized for not less than ordinary hazard as follows:
1. At each stairway on all floor levels where combustible materials have accumulated.
2. In every storage and construction shed.
3. Additional portable fire extinguishers shall be provided where special hazards exist,
including, but not limited to, the storage and use of flammable and combustible liquids.
4. Throughout the building under construction in sufficient quantity so travel distance does
not exceed 75 feet.
5. The minimum rating for fire extinguishers shall be 2AlOBC.
4-7.104 Modifications to the International Wildland-Urban Interface Code.
(a) Delete Appendix C, E and G.
(b) Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Wildland-Urban Interface Code of the City
of Atascadero, hereinafter referred to as "this code." References throughout this code to the
International Building Code shall mean California Building Code. References throughout this
code to the International Fire Code shall mean California Building Code.
(c) Add Section 101.1.1 to read as follows:
101.1.1 Code official designated. For the purposes of this code, the code official shall be the
fire code official or building official as established in the building construction and fire codes
adopted by the City.
(d) Amend Section 104.1 to read as follows:
104.1 General. To determine the suitability of alternate materials and methods and to provide
for reasonable interpretations of the provisions of this code, there shall be and hereby is created a
board of appeals. The board of appeals shall be the City Council. The building official and fire
code official shall be ex officio members, and shall act as secretary of the board. The board shall
90
ITEM NUMBER: B - 1
DATE: 1/11/11
adopt reasonable rules and regulations for conducting its investigations and shall render
decisions and findings in writing to the code official, with a duplicate copy to the applicant.
(e) Amend Section 108 to be titled CERTIFICATE OF OCCUPANCY and amend
Section 108.1 to read as follows:
108.1 General. A certificate of occupancy shall not be issued by the building official until the
code official determines that the project is in compliance with this code.
(f) Amend Section 302.1 to read as follows:
302.1 Declaration. Wildland-Urban Interface areas shall be established by the Fire Hazard
Severity Zones designated by the State of California or as declared by the City Council.
(g) Amend Chapter 5 to read as follows:
Section 501. Chapter 5 is deleted in its entirety. Ignition Resistant Construction shall be
as set forth in Chapter 7A of the California Building Code as amended in Section 8-3.101of the
Atascadero Municipal Code.
INTRODUCED at a regular meeting of the City Council held on December 14, 2010, and PASSED and
ADOPTED by the City Council of the City of Atascadero, State of California, on January 11, 2011, by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor
City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
91
92
ITEM NUMBER: C- 1
DATE: 1/11/11
i»i`s is�s -7
Atascadero City Council
Staff Report - Community Development Department
Eagle Ranch Annexation and Specific flan
EIR Consultant Qualification Listing
RECOMMENDATIONS:
Council:
1 . Approve Exhibit A, ranking the top three qualified consultants to prepare an
environmental impact report for the Eagle Ranch Specific Plan; and,
2. Authorize the City Manager to negotiate and execute a contract with Michael
Brandman & Associates, the number one ranked consultant. If an acceptable
contract cannot be reached, the City Manager is authorized to negotiate with the
next qualified consultant on the list.
DISCUSSION:
Background: On March 3, 2008, the City of Atascadero received an Annexation,
General Plan Amendment and Specific Plan application for a master plan development
project on the Eagle Ranch property. The Eagle Ranch consists of 3,450± acres
located adjacent to the City's southwestern boundary. The Eagle Ranch property
contains 452 Atascadero Colony lots and associated roadway networks, originally
established by E.G. Lewis in 1914. Annexation of the Eagle Ranch to Atascadero is
consistent with the City's General Plan policies and recognized by San Luis Obispo
County and LAFCo with the City's sphere of influence.
93
s
' I .A
LOC 1.2.8. Cooperate with LAFCO and the County to incorporate the Eagle Ranch into
the City's Sphere of Influence for eventual annexation.
(Completed in 2003)
LOC 1.2.9. It is the City's position, that Eagle Ranch shall be developed within the City
and any development of the site prior to annexation will be opposed.
LOC 1.2.10. Prior to the annexation of Eagle Ranch a Specific Plan shall be approved by
the City which will provide a comprehensive development plan for the
property that address issues including, clustering of Colony lots, public
facilities, circulation facilities, parks, open space, conservation easements,
and a fiscal analysis of service costs.
LOC 1.2.11. Update and maintain the Zoning Ordinance to designate the Eagle Ranch
property as a future Specific Plan area to be subject to future
environmental and site-specific review prior to annexation.
Table II-5: blaster Plan of Developnte tt Overlay Areas.
Overlay Zocatio a M iviiWumm Density, Special Features ,
Nunther
11. :age Ranch,'annexation Development of Existing 400 Specific Plan required
colony lots ► Hismric-- ony Us and ruad5 to be
reconfigured and c4ustered to mmnim ze
impacts.
• Public open space,trails and parrs to
be provided.
The General Plan identifies Eagle Ranch • Resortfacilties
as Master Plan of Development Area #11
Project Description
A conceptual project description and preliminary land use plan have been developed by
the applicant based on the site constraints, previous community meetings, as well as
preliminary meetings with staff and the Council. As proposed, the project would use a
clustered approach in order to minimize the impact on the site and maximize open
space.
Preliminary surveys and analysis have been conducted to identify major site constraints.
Steep slopes, historical and cultural resources, native trees, creeks, riparian areas,
wetlands, and areas of potential biological importance have been identified and
mapped. A constraints map has been provided by the applicant to identify areas to be
avoided and areas most feasible for development.
95
Constraints Map
Dark areas indicate
unconstrained areas best
suited for development
Grey areas are suited for
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Analysis: Due to the size of the annexation area and the scope of the project, an
Environmental Impact Report (EIR) will be required to comply with California
Environmental Quality Act (CEQA). The applicant has requested the City initiate the
EIR process concurrently with the development of the project design and Specific Plan.
The concurrent processing is proposed in order to incorporate the studies and findings
of the EIR into the early stages of the project design. On August 10, 2010, Council
authorized staff to begin the process of selecting a consultant to prepare the EIR for the
City.
Due to the comprehensive scope of an EIR, its preparation would require an
experienced and qualified professional consultant under contract and management by
the City. In order to ensure compliance with CEQA regulations, the City (not the
applicant) would contract directly with the environmental consultant. The cost of
preparing the EIR and Specific Plan will be the full responsibility of the applicant. The
City will directly manage the environmental consultant and will control the scope of
96
work. A complete EIR will be prepared as required by CEQA, consistent with standard
EIR components for public review and comment.
Due to the complexity of the project and the applicant's desire for a concurrent EIR /
Specific Plan process, staff decided to solicit a Request for Qualifications (RFQ's) rather
than a Request for Proposal (RFP).
RFQ Process and Interviews
The City issued an RFQ and advertised Statewide for a qualified consultants to prepare
an EIR for the Eagle Ranch Specific Plan. The RFQ asked for firm and key staff
experience in successfully completing similar sized EIR's. The City received a total of
12 Statements of Qualifications (SOQ's). A staff selection committee consisting of
Warren Frace, Community Development Director; Russ Thompson, Public Works
Director; and Brian Pierik, City Attorney was assembled to review the SOQ's. The
committee reviewed all of the SOQ's and selected the top six firms for interviews.
On December 3, 2010, the committee interviewed the following firms:
• AMEC Earth & Environmental
• De Novo Planning Group
• RBF Consulting
• ESA
• LSA Associates, Inc.
• Michael Brandman & Associates
Each firm was given time to make a presentation and explain the firm's qualifications
which was then followed by committee questions. Following the interviews, the
committee ranked the top three qualified firms as follows:
1 . Michael Brandman & Associates
2. LSA Associates, Inc.
3. RBF Consulting
Michael Brandman & Associates (MBA) was selected as the most qualified consultant
based on their work experience, references and staff assigned to the project. MBA is
currently under contract with the City to prepare the Del Rio Road Commercial Area
(Walmart) EIR. Under the current contract, MBA has been very responsive, efficient
and prepared high quality work.
FISCAL IMPACT:
The entire EIR consultant contract will be funded by the project applicant with a 10%
City administration fee. The preparation of the EIR will be revenue neutral to the City of
Atascadero.
97
ALTERNATIVES:
1 . Direct staff to re-evaluate the consultant ranking.
ATTACHMENT:
1 . Exhibit A: Qualified Eagle Ranch EIR consultant list
98
Exhibit A: Qualified Eagle Ranch EIR consultant list
Qualification Ranking Firm
1 . Michael Brandman & Associates
2. LSA Associates, Inc.
3. RBF Consulting
99
100
ITEM NUMBER: C-2
DATE: 1/11/11
r#
r 77. 1
Atascadero City Council
Staff Report - Administrative Services Department
Historic City Hall Project Contract Awards:
ACH-01 Deputy Inspection Services, and
Hazardous Materials Consultant Services, and
Construction Management / Project Management Services
RECOMMENDATIONS:
Council authorize the City Manager to:
1 . Execute a contract with Earth Systems Pacific in the amount of $386,991 for the
ACH-01 Deputy Inspection Services for the Historic City Hall Project; and,
2. Execute a contract addendum with Meca Consulting, Inc. (dba Millennium
Consulting Associates) in the amount of $75,319 for Phase 3 of Hazardous
Materials Abatement Consulting and Monitoring Services for the Historic City Hall
Project; and,
3. Execute a contract addendum with Bernards in the amount of $2,876,562 for the
remaining Construction Management / Project Management services for the
Historic City Hall Project.
DISCUSSION:
Now that significant work has begun on the City Hall Project, the need for specialized
inspection and testing services, hazardous materials monitoring, and continued overall
construction management is of critical importance. The testing, inspection and
monitoring services are in addition to those provided by the Building Department. The
construction management firm, as discussed when selecting Bernards, on multi-prime
contracted projects eliminates the need for a general contractor. All three of these
services are typically contracted out to professional services firms based on a
qualifications based selection process. The proposed professional services would be
spread over the remaining two and a half year duration of the Project and are as
follows:
101
ITEM NUMBER: C-2
DATE: 1/11/11
I. ACH-01 Deputy Inspection Services
S�aff prepared a Request for Qualifications (RFQ) on bid package ACH-01 for Deputy
Inspection Services to identify qualified materials testing and inspection firms. Of the
four consultants that attended the mandatory walk-through of the project site, the City
received two proposals on October 15, 2010. Both consultants are local, based in San
Luis Obispo. Representatives of the City and Bernards conducted interviews of the two
firms, using a predetermined point system. Following review of the proposals and
interviewing the prospective firms, Earth Systems Pacific of San Luis Obispo was
selected and is recommended to the City Council for approval. Earth Systems Pacific
has worked intermittent) with the Cit over the past seven years to provide evaluations
Y Y
of the soil in the vicinity of the Historic City Hall. Because they possess this background
knowledge, as well as extensive materials testing and inspection services on large
projects throughout California, their expertise will be critical in providing Deputy
inspection Services.
These Deputy Inspection Services will include the independent testing, inspection, and
;Reports needed for compliance with California Building Code. In addition these services
include any additional testing/inspection required by the architects and engineers in
order to assure that quality and safety standards are met.
The Deputy Inspection Services scope of work has been divided into the following
areas:
• Submittal Reviews
• Micropile Foundation Drilling and Installation
o Initial indicator pile testing and load verification
o Observation and testing of 254 micropiles
• Concrete Pile Caps, Basement Walls, Slabs, and Beams
• Soils Inspection and Testing
o Compaction and foundation backfill
• Shotcrete
o Mechanical and epoxy anchors
o Materials testing / laboratory services
o Test panel / nozzleman evaluations
• Masonry
o FRP field and laboratory testing
o Materials testing/ laboratory services
• Structural Steel and Welding
o Magnetic partical, ultrasonic, and non-destructive
• Reports and Documentation
Inspection services will be funded based on the exact testing / inspection services
provided and the approved FEMA scope of work. These contracted services are
anticipated to be funded as follows:
102
ITEM NUMBER: C-2
DATE: 1/11/11
Phase FEMA Repair FEMA City Total
Hazard
Mitigation
Project Initiation and Review $ 1,685 $ 3,130 $ - $ 4,815
Micropile Foundations $ - $ 60,610 $ - $ 60,610
Cast-in-Place Concrete(pile caps,
basement walls, basement slabs on grade
and beams) $ - $ 28,062 $ - $ 28,062
Soils Special Inspection (basement wall
backfill, miscellaneous flatwork) $ - $ 21,305 $ - $ 21,305
Shotcrete $ - $ 37,412 $ - $ 37,412
Masonry Repair and Construction $ 78,215 $ 92,867 $ - $ 171,082
Structural Steel/Welding Inspection $ 50,300 $ - $ 50,300
Inspection Report Preparation and Archiving $ 4,692 $ 8,713 $ - $ 13,405
Total $ 134,892 $ 252,099 $ - $ 386,991
II. Hazardous Materials Consultant Services
After an extensive request for qualifications (RFQ) process, Millennium Consulting
Associates was previously selected to provide hazardous materials testing, abatement
design, and monitoring services. Council awarded the Project contract and approved
the initial phases of their contract on March 23, 2010. These initial phases, Phase 1-
Investigation and Phase 2- Mitigation Design work, are now complete and costs for
these phases came in over $33,000 under the original award amount of $84,528.
The initial phases of the contract with Millennium Consulting Associates (Millennium)
included the investigation, design and bid documentation for the scope of work currently
approved by FEMA (Packages 1 & 2). Testing included mold samples, asbestos tests,
metal characterization tests, and lead tests. From these various tests, Millennium has
also designed and incorporated into the City's bid documents, the abatement plans and
specifications for the current FEMA approved scope of work as part of the second
phase of the contract. This last phase of hazardous materials consultant work will
include providing hazardous material abatement monitoring based on the plans
developed in the previous phase, as well as clearance inspections and testing. This
work will be done primarily during the deconstruction of the basement, penthouses and
fourth floor rotunda. In addition, Millennium will provide services at the close-out of the
project, supplying the City with necessary documentation.
Due to time constraints and because the actual fees for the initial phases of the project
came in far under the original contract amount, staff and Bernards negotiated with
Millennium to provide the monitoring phase for the Basement and the planning phases
for the Penthouse demolition within the original contract amount. An administrative
103
ITEM NUMBER: C-2
DATE: 1/11/11
c,range order was issued to include this scope of work within the original contract. (The
:;mated cost for this additional scope is estimated at $20,000 leaving $13,000 on the
_original contract which is expected to remain unspent.)
A contract amendment is now needed for Millennium to monitor hazardous materials
--noval and related field testing during demolition and abatement activities for the
ithouse work and the Rotunda and Interior Demolition work. This work was
previously budgeted as part of the overall project work plan.
,P i,e funding categories associated with this scope of work are anticipated to be:
Phase FEMA Repair FEMA City Total
I Hazard
Mitigation
Phase II—Penthouse $ - $ - $ 27,789 $ 27,789
Ohase III— Rotunda& Interior Demolition $ 28,5201 $ 19,010 $ - $ 47,530
Total $ 28,520 $ 19,010 $ 27,789 $ 75,319
A small amount of additional testing, monitoring and inspection services may be
required once the scope of work and construction documents for Phase 3 (City funded
construction / improvements) are complete. Should additional services be required, a
separate contract amendment will be brought back to the City Council for approval.
Construction Management / Project Management Services
a April 27, 2010 Bernards was selected to provide construction management services
`)r the Historic City Hall Project due to the strength of their project team, experience
with similar historic projects, and FEMA project capabilities. Council awarded the
Project contract and approved the initial phase of their contract for pre-construction
e rvices through December 31 , 2010. Over the past seven months, they have
effectively guided the project through the pre-construction phase, including public
,:utreach activities and initial bidding of the first bid packages. Not only has their
contract come in significantly under budget for the first phase of the contract, but each
f the bids received to date has also been under their initial estimates, and the project is
-fr to a solid start. A contract amendment is now required for the extension of the
,-P,rnards Construction Management contract for the duration of the project construction.
AJ mentioned previously, the need for construction management services is amplified
due to the complexity of the historic structure reconstruction project, but also the multi-
prime approach. This project would require construction management services
r( gardless of the project delivery method. The multi-prime approach includes managing
approximately 20 individual bid packages as opposed to a single contract with a large
q,?neral contractor. The benefit to the City is the potential to significantly reduce overall
^o.istruction cost. This is clearly evidenced in the early going by prices received for
y t` 4
ITEM NUMBER: C - 2
DATE: 1/11/11
demolition packages. Specialized demolition contractor bids have been roughly half of
what general contractors, bidding on the same bid packages, have submitted. On two
demolition bid packages alone, it could be suggested the project costs have been
reduced approximately $500,000. It is anticipated these reduced costs will be the case
on most, if not all, of the bid packages.
In addition to effective project management, Bernards has demonstrated that their team
also fully understands the critical nature of the documentation needed for FEMA-funded
repairs, and their cost control program is now in place. They have also shown a
comprehensive understanding of the Project design challenges, and have approached
cost control through their aggressive value engineering approach to the Project.
Staff recommends that the second phase of the Bernards services in the amount of
$2,876,562 be awarded at this time. Due to cost savings realized on the first phase of
Bernards services, the current approved contract will extend through mid-February,
2011 . (An administrative change order has been issued to extend the scope of services
from December 31, 2010 to February 28, 2011 without adding any dollars to the
contract.) This second and final expected contract amendment would be for services
from mid-February 2011 through June 30, 2013. Services for this phase will include the
continuation of pre-construction and construction management services to the
conclusion of the project. Pre-construction services primarily include tasks such as
planning, coordinating, reviewing, evaluating, and assisting in hiring contractors.
Construction management encompasses such tasks such as on-site management
(schedule maintenance, clarifications, requests for information, submittal reviews,
change orders, design change coordination, etc.), progress / payment review and
reporting, document management, and generally ensuring the work is going as planned
for deconstruction, hazardous materials abatement, and re-construction. It is
anticipated that Phase fl will be complete by June 2013.
The funding categories associated with this scope of work are anticipated to be:
Phase FEMA Repair FEMA City FEMA Admin Total
Hazard
Wi° ation
Construction Mana ementServices $ 1,028,311 $ 1,083,058 $ 445,807 $ 118,8001 $ 2,675,976
Cost estimating services $ - $ - $ 35,000 $ - $ 35,000
Reimbursable expenses $ 66,586 $ 70,131 $ 28,867 $ - $ 165,584
Totall $ 1,094,8971 $ 1,153,189 $ 509,674 $ 118,8001 $ 2,876,560
105
ITEM NUMBER: C -2
DATE: 1/11/11
FISCAL IMPACT:
PROJECTED FUNDING USES
Architecture and engineering $ 5,030,000
Construction costs:
ACH-3 Basement Wall and Floor Demolition
(awarded 10/26/10) 178,000
ACH-4 Basement Electrical Demolition and
Temporary Power Installation (awarded 10/26/10) 73,980
Remaining bid packages 24,619,020
Total construction costs 24,871,000
Construction management
Bernards- Phase 1 (awarded 4/27/10) 765,443
Bernards- Phase 2 2,876,560
Total construction management 3,642,003
General conditions, construction support, and
permitting
Pre-Construction activity 58,165
Deputy Inspection Services 386,991
Hazardous Materials Investigation and Design
(aw arded 3/23/10) 84,528
Hazardous Materials Monitoring 75,319
Other 914,417
Total testing, inpection, permitting and
construction support 1,519,420
Contingency 5,032,300
TOTAL PROJECTED FUNDING USES $40,094,723
PROJECTED FUNDING SOURCES
Expected FEMA funding $20,059,190
Expected CalEMA funding 6,686,400
California Cultural Historic Endowment Grant 2,000,000
Redevelopment 2010 Bond Funds 13,000,000
TOTAL PROJECTED FUNDING SOURCES $41,745,590
FUNDING SURPLUS $ 1,650,867
106
ITEM NUMBER: C-2
DATE: 1/11/11
ATTACHMENTS:
Exhibit A — ACH-01 Deputy Inspection Services Draft Contract with Earth Systems
Pacific in the amount of $386,991 for the Historic City Hall Project
Exhibit B —Draft Contract Addendum with Meca Consulting, Inc. dba Millennium
Consulting Associates in the amount of $75,319 for Phase 3 of Hazardous
Materials Abatement Consulting and Monitoring Services for the Historic City
Hall Project
Exhibit C —Draft Contract Addendum with Bernards in the amount of $2,876,562 for the
remaining Construction Management / Project Management services for the
Historic City Hall Project.
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Exhibit A
CITY OF ATASCADERO
0'
C 19188 �p 1978!�
C_
moi
CONTRACT FOR
EARTH SYSTEMS PACIFIC
for
ACH-1 DEPUTY INSPECTION CONSULTING SERVICES
HISTORIC CITY HALL PROJECT, BID NO. 2010-006
109
o,
--1913 1978 7
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
EARTH SYSTEMS PACIFIC
THIS CONTRACT is made and entered into between City of Atascadero,
a Municipal Corporation ("City") and Earth Systems Pacific ("Consultant"). City and
Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all
f eports and carry out all activities necessary to complete the services described in the
SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and
incorporated herein by this reference as Exhibit A, as requested by the City. This
Contract and its exhibits shall be known as the "Contract Documents." Terms set forth
in any Contract Document shall be deemed to be incorporated in all Contract
Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters
into this Contract as, and shall at all times remain as to the City, an independent
`-ontractor and not as an employee of the City. Nothing in this Contract shall be
construed to be inconsistent with this relationship or status. Any persons employed by
Consultant for the performance of services pursuant to this Contract shall remain
employees of Consultant, shall at all times be under the direction and control of
Consultant, and shall not be considered employees of City. All persons employed by
Consultant to perform services pursuant to this Contract shall be entitled solely to the
right and privileges afforded to Consultant employees and shall not be entitled, as a
result of providing services hereunder, to any additional rights or privileges that may be
,forded to City employees.
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A. INDEPENDENT INVESTIGATION. The Consultant agrees and
hereby represents it has satisfied itself by its own investigation and research regarding
the conditions affecting the work to be done and labor and materials needed, and that
its decision to execute this Contract is based on such independent investigation and
research.
B. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep
itself fully informed of, shall observe and comply with, and shall cause any and all
persons, firms or corporations employed by it or under its control to observe and comply
with, applicable federal, state, county and municipal laws, ordinances, regulations,
orders and decrees which in any manner affect those engaged or employed on the work
described by this Contract or the materials used or which in any way affect the conduct
of the work.
C. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage
in unlawful employment discrimination. Such unlawful employment discrimination
includes, but is not limited to, employment discrimination based upon a person's race,
religious creed, color, national origin, ancestry, physical handicap, medical condition,
marital status, gender, citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by
City, and shall be undertaken and completed in a prompt and timely manner, in
accordance with the Scope of Work referenced in Exhibit A. Except as provided in
Sections 6 and 19 below, this Contract shall terminate no later than December 31 , 2013
unless extended by the mutual agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B
attached hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant
shall not be compensated for any services rendered in connection with its performance
of this Contract, which are in addition to those set forth herein or listed in Exhibit A,
unless such additional services are authorized in advance and in writing by the City
Manager or the City Manager's designee (hereinafter "City Manager" shall include the
City Manager's designee). Consultant shall be compensated for any additional services
in the amounts and in the manner as agreed to by City and Consultant at the time City's
express written authorization signed by the City Manager is given to Consultant for the
performance of said services.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of
ersonnel, establishing standards of performance, assignment of personnel,
6Aermining and affecting discipline, determining required training, maintaining
personnel files, and other matters relating to the performance of services and control of
personnel. The City Manager may use any reasonable means to monitor performance
and the Consultant shall comply with the City Manager's request to monitor
performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The
City acknowledges that the Consultant may be obligated to comply with bargaining
agreements and/or other agreements with employees and that the Consultant is legally
obligated to comply with these Contracts. It is expressly the intent of the parties and it
s agreed by the parties that the Consultant's performance shall not in any manner be
subject to any bargaining agreement(s) or any other agreement(s) the Consultant may
have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable
effort to maintain the stability and continuity of Consultant's staff assigned to perform
the services required under this Contract. Consultant shall notify City of any changes in
Consultant's staff to be assigned to perform the services required under this Contract
and shall obtain the approval of the City Manager of a list of all proposed staff members
who are to be assigned to perform services under this Contract prior to any such
performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may
terminate this Contract, without cause, at any time. In the event of such termination,
Consultant shall be compensated for non-disputed fees under the terms of this Contract
up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination
of this Contract, Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Contract by Consultant, and the City
may withhold any payments due to Consultant until such time as the exact amount of
damages, if any, due the City from Consultant is determined. All of the indemnification,
defense and hold harmless obligations in this Contract shall survive termination.
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7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of
the services of Consultant to be performed hereunder. Such changes, including any
increase or decrease in the amount of Consultant's compensation and/or changes in the
schedule must be authorized in advance by both Parties in writing. Mutually agreed
changes shall be incorporated in written amendments to this Contract. Any increase in
the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B
must be authorized in advance by the City Manager.
S. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually
agreed that all materials prepared by the Consultant under this Contract are upon
creation and shall be at all times the exclusive property of the City, and the Consultant
shall have no property right therein whatsoever. City agrees that Consultant shall bear
no responsibility for any reuse of the materials prepared by the Consultant if used for
purposes other than those expressly set forth in the Intended Use of Consultant's
Products and Materials section of this Contract. Consultant shall not disseminate any
information or reports gathered or created pursuant to this Contract without the prior
written approval of City including without limitation information or reports required by
government agencies to enable Consultant to perform its duties under this Contract and
as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Consultant will be allowed to retain copies of all
deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon
termination, or upon the request by the City, the City shall be entitled to, and the
Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates,
summaries and other such materials and property of the City as may have been
prepared or accumulated to date by the Consultant in performing this Contract.
Consultant will be allowed to retain copies of all deliverables to the City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm,
has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Consultant's
performance of services under this Contract. Consultant further covenants that in the
performance of this Contract, Consultant shall take reasonable care to ensure that no
person having any such interest shall be employed by it as an officer, employee, agent
or subcontractor without the express written consent of the City Manager. Consultant
agrees to at all times avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City in the performance of this Contract. Consultant agrees
to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
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CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or
assembled by Consultant pursuant to performance of this Contract are confidential and
Consultant agrees that they shall not be made available to any individual or organization
without the prior written approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any
of its officers, employees, or subcontractors does voluntarily provide information in
violation of this Contract, the City has the right to reimbursement and indemnity from
party releasing such information for any damages caused by the releasing party's,
including the non-releasing party's attorney's fees and disbursements, including without
limitation expert's fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party
should Consultant or City, its officers, employees, agents, or subcontractors be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or
subpoena from any party regarding this Contract and the work performed thereunder or
with respect to any project or property located within the City. City and Consultant each
retains the right, but has no obligation, to represent the other party and/or be present at
any deposition, hearing or similar proceeding. Consultant and City agree to cooperate
fully with the other party and to provide the other party with the opportunity to review
any response to discovery requests provided by Consultant or City. However, City and
Consultant's right to review any such response does not imply or mean the right by the
other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform
the services required by this Contract. City acknowledges that all equipment and other
tangible assets used by Consultant in providing these services are the property of
Consultant and shall remain the property of Consultant upon termination of this
contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special
:supplies, stationary, notices, forms or similar items that it requires to be issued with a
City logo. All such items shall be approved by the City Manager and shall be provided
at City's sole cost and expense.
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12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of
applicable local, state, and federal laws and regulations which may affect those
employed by it or in any way affect the performance of its services pursuant to this
Contract. Consultant shall observe and comply with all applicable laws, ordinances,
regulations and codes of federal, state and local governments, and shall commit no
trespass on any public or private property in performing any of the work authorized by
this Contract. Consultant shall at all times hold a valid contractor's license if performing
any function or activity for which a license is required pursuant to Chapter 9
(commencing with section 7000) of Division 3 of the California Business and
Professions Code, and Consultant shall provide a copy of the license(s) upon the
request of the City. The City, its officials, officers, elected officials, appointed officials
and employees shall not be liable at law or in equity as a result of any failure of
consultant to comply with this section.
B. PREVAILING WAGES. The Consultant is required to pay prevailing wages
for the work performed under this Agreement, the Consultant shall pay all penalties and
wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the
prior written consent of the City Manager. Consultant shall be as fully responsible to the
City for the negligent acts and omissions of its contractors and subcontractors, and of
persons either directly or indirectly employed by them, as it is for the negligent acts and
omissions of persons directly employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Consultant
from the City under this Contract may be assigned to a financial institution, but only with
prior written consent of the City Manager. Notice of any assignment or transfer whether
voluntary or involuntary shall be furnished promptly to the City. The rights and benefits
under this agreement are for the sole and exclusive benefit of the City and this Contract
shall not be construed that any third party has an interest in the Contract.
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>>. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a
manner which is consistent with the generally accepted standards of Consultant's
)rofession and shall be liable for its own negligence and the negligent acts of its
employees, agents, contractors and subcontractors. The City shall have no right of
7ontrol over the manner in which the work is to be done but only as to its outcome, and
shall not be charged with the responsibility of preventing risk to Consultant or its
employees, agents, contractors or subcontractors.
f. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless
>ity and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including
:attorneys fees and costs to the extent same are caused in whole or in part by any
,iegligence or wrongful act, error or omission of Consultant, willful misconduct, or
recklessness of its officers, agents, employees or subconsultants (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other
'�han in the performance of professional services and to the full extent permitted by law,
consultant shall indemnify, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
sway attributable to, in whole or in part, the performance of this Agreement by Consultant
or by any individual or entity for which consultant is legally liable, including but not
limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain
Dxecuted indemnity agreements with provisions identical to those set forth here in this
'.3 ;ction for each and every subconsultant or any other person or entity involved by, for,
with or on behalf of Consultant in the performance of this agreement. In the event
onsultant fails to obtain such indemnity obligations from others as required here,
Consultant agrees to be fully responsible according to the terms of this section. Failure
of City to monitor compliance with these requirements imposes no additional obligations
,)n City and will in no way act as a waiver of any rights hereunder. This obligation to
%ndemnify and defend City as set forth here is binding on the successor, assigns or heirs
f Consultant and shall survive the termination of this agreement or this section.
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D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO
CONSTRUCTION. Without affecting the rights of City under any provision of this
agreement, Consultant shall not be required to indemnify and hold harmless City of
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and
where City's active negligence accounts for only a percentage of the liability involved,
the obligation of consultant will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit E attached to and part of this
agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor
costs, material expenses, parcels abated or serviced and other such information
required by City that relates to the performance of services under this Contract.
Consultant shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be clearly identified and readily
accessible and in a form acceptable to the City, which the City may specify and change
from time to time. Consultant shall provide free access to the representatives of City or
its designees, at reasonable times, to such books and records, shall give City the right
to examine and audit said books and records, shall permit City to make transcripts
therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after final
project close out (estimated to be 2017). Consultant shall contact the City prior to
destruction of records.
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19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the
parties shall not discriminate or grant preferential treatment on the basis of race, sex,
color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall
comply to the fullest extent allowed by law, with all applicable local, state, and federal
laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to
comply with all of the provisions of the Federal Immigration and Nationality Act (8
U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ
unauthorized aliens as defined therein. Should Consultant so employ such unauthorized
aliens for the performance of work and/or services covered by this contract, and should
the Federal Government impose sanctions against the City for such use of unauthorized
aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such
sanctions imposed, together with any and all costs, including attorneys' fees, incurred
by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties, and liabilities
of the parties to this Contract and also govern the interpretation of this Contract. Any
litigation concerning this Contract shall take place in the San Luis Obispo Superior
Court, federal diversity jurisdiction being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and
entities that will fulfill the duties and obligations imposed upon Consultant by this
Contract. In recognition of that interest, neither any complete nor partial assignment of
'his Contract, may be made by Consultant nor changed, substituted for, deleted, or
added to without the prior written consent of City which consent shall not be
unreasonably withheld. Any attempted assignment or substitution shall be ineffective,
}lull, and void, and constitute a material breach of this Contract entitling City to any and
all remedies at law or in equity, including summary termination of this Contract.
Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there
are no understandings, agreements, conditions, representations, warranties or
;promises, with respect to this Contract, except those contained in or referred to in this
Contract and this Contract supersedes all prior understandings, agreements, courses of
conduct, prior dealings among the parties and documentation of any kind without
Limitation.
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F. AMENDMENTS. This Contract may be modified or amended, or
any of its provisions waived, only by a subsequent written agreement executed by each
of the parties. The parties agree that this requirement for written modifications cannot
be waived and any attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through
negotiation and that each party has had a full and fair opportunity revise the provisions
of this Contract and to have such provisions reviewed by legal counsel. Therefore, any
ambiguities in construing or interpreting this Contract shall not be resolved against the
drafting party. The titles of the various sections are merely informational and shall not
be construed as a substantive portion of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect
to a default or other matter arising in connection with this Contract shall not be deemed
a wavier with respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision
of this Contract shall not render the other provisions invalid, illegal or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract
shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office
for delivery by registered or certified mail addressed to the parties (deemed to have
been received three (3) business days after deposit in the U.S. Mail) at the following
addresses:
City: City of Atascadero
Director of Administrative Services
6907 EI Camino Real
Atascadero, CA 93422
Consultant: Earth Systems Pacific
4378 Old Santa Fe Road
San Luis Obispo, CA 93401
Each party may change the address at which it gives notice by giving ten (10)
days advance, written notice to the other party.
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K. AUTHORITY TO EXECUTE. The person or persons executing this Contract
in behalf of Consultant warrant and represent that they have the authority to execute
this Contract on behalf of their agency and further warrant and represent that they have
the authority to bind Consultant to the performance of its obligations hereunder.
AGREED to this day of 2011 by the parties as follows,
Approved as to form: Earth Systems Pacific
By:
Counsel for Consultant Dennis Shallenberger, G.E.
President
Approved as to form: City of Atascadero
By: _ By:
`3rian Pierik, Agency Attorney Wade McKinney, City Manager
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CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
Dennis Shalienberger, G.E., President
Earth Systems Pacific
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CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
ontractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each
lorker employed in the execution of this Contract by Contractor or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor
Code § 1813.)
Attention is given to the fact that both Federal (Davis-Bacon) and State of California prevailing wage rate
equirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime
must be paid on this project. State of California prevailing wage rates are available online at
www.dir.ca.gov/dlsr/pwd/southern.html.
,ontractor shall post at the work site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the Department of Industrial
elations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing
rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.)
Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor
may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the Contract by
Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less
.han the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day, or portion thereof, for which each
worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code
section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship committee,
must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of
apprentice's work for every five hours of labor performed by a journeyman (unless an exception is
granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the
California Apprenticeship Council, and that contractors and subcontractors must not discriminate among
otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national
origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training
ur:der apprenticeship standards and who have written apprentice contracts, may be employed on public
works in apprenticeable occupations.
Consultant
Dennis Shallenberger, G.E., President
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EXHIBIT A
Scope of Work
1. Proiect Initiation
The Consultant will provide the necessary initial engineering support and consultation
as the project begins. Services during project initiation will include review of submittals,
micropiling scope of work, and other documents as requested by the City (or designee,
typical).
[Estimated 35% Repair / 65% Mitigation]
2. Micropile Foundations
Micropiles will be used to underpin the existing building foundations. The type of
micropile to be used is left to the contractor; however, the piles will be a minimum of 12
inches in diameter and will be embedded 10 to 25 feet into the underlying bedrock. It is
anticipated that micropile operations will involve two phases. The first phase will involve
a pile indicator program which includes installation and testing of at least four
micropiles. The Consultant will provide observation of micropile installation and testing
during this phase. The second phase, production phase, will involve the installation of
approximately 254 micropiles in the basement of the building. Per the project
specifications, a licensed engineer is to observe the installation of all micropiles. In
addition, special inspection of micropile construction is also required. The Consultant
will utilize a California Registered Civil or Structural Engineer, who is also a special
inspector to observe, document, and inspect micropile operations (indicator program
and production phase). It is assumed that the indicator program will require 10 working
days (14 calendar days) of observation. It is also assumed that during the production
phase, the micropile contractor will install an average of about five piles per day.
The production phase of micropiles is estimated to take 50 working days (70 calendar
days) to complete. It is estimated that each day will require 5 hours of project engineer
time and 3 hours of special inspection. Ten percent (10%) of production phase is
anticipated to be at overtime rates, and shall be reflected in the quoted fee.
[0% Repair/ 100% Mitigation]
3. Cast-in-Place Concrete—Pile Caps, Basement Walls, Basement Slabs-On-Gradei
And Beams
The Consultant understands that pile caps, basement walls, basement slabs-on-grade,
and some beams will be constructed and most of this work will occur in the basement.
It is anticipated that material certificates will be provided by the supplier and accepted
by the architect/engineer for concrete mix designs in lieu of significant laboratory
testing, and that batch plant inspection will not be required. The Consultant will provide
special inspection of reinforcing steel, epoxy anchors, and concrete placement. Tensile
and bend tests on reinforcing steel is also recommended.
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I
The cast-in-place concrete work is estimated to occur over approximately 89 working
days (125 calendar days). It is anticipated that most of the concrete work will occur in
the basement and will likely occur simultaneously with micropile foundation
construction. As a result, 40 days of special inspection is anticipated to be necessary
for rebar, concrete, and anchors to existing concrete. It is anticipated that there will be
eight concrete pours for pile caps, and 12 pours for basement walls, floors, and beams;
and that each pour will require a rebar inspection. Ten percent (10%) of the production
phase is anticipated be at overtime rates, and shall be reflected in the quoted fee.
[0% Repair/ 100% Mitigation]
4. Soils Special Inspection — Basement Wall Backfill and Miscellaneous Flatwork
Consultant shall provide soils special inspection intermittently as required for the backfill
of the basement walls, basement slab/foundation backfill, and other miscellaneous
flatwork. Testing of utility trench backfill may be required as well. Earthwork operations
will intermittently occur during the project and will total 35 working days (49 calendar
days), up to 6 hours per day. It is anticipated that one source of aggregate base, two
types of site soils, and one source of utility trench backfill material will be used.
[0% Repair/ 100% Mitigation]
5. Shotcrete
According to the project plans, the interior side of the exterior walls of Floors 1 through 3
will be strengthened with reinforced shotcrete. The new shotcrete walls will be up to 8
inches thick and are intended to strengthen the exterior unreinforced masonry (URM)
walls. Rebar will be attached to interior of the existing URM walls and shotcrete
applied. In order to connect new rebar to the URM walls, mechanical and epoxy
anchors will be installed. Consultant shall provide inspection of these items as well as
inspection of masonry repair and construction (See Masonry Repair and Construction,
Exhibit A-6). Sampling and testing of shotcrete will be performed using test panels. It is
assumed that material certificates will be provided by the supplier and accepted by the
architect/engineer for concrete mix designs in lieu of significant laboratory testing, and
that batch plant inspection will not be required.
Prequalification of nozzlemen is required to be provided by the Consultant. Each
nozzleman will shoot a test panel measuring 4 feet wide and 6 feet long. It is assumed
that nozzleman test panels will all be shot in the same day. Evaluation of the
nozzlemen will be measured partly by shotcrete core strengths and grading. Due to the
size of the prequalification panels, transporting to the Consultant's laboratory is
considered prohibitive. As a result the Consultant shall provide coring services on-site
(or by a subcontractor) and the samples will be tested at Consultant's laboratory.
During production, one smaller test panel is required every day or every 50 cubic yards
of placement, whichever is more frequent. The Consultant will transport production
panels to their laboratory where they will be cored and tested. It is anticipated that there
will be eight working days of shotcrete placement for each floor required; totaling 24
shotcrete application days. There is an estimated 24 shotcrete inspection days and four
rebar inspection days. Ten percent (10%) additional shotcrete inspection time is
rev 5/1106 A-2
792119.3
124
anticipated to be at overtime rates, and shall be reflected in the quoted fee. Rebar bend
/ tensile tests are also included
[0% Repair/ 100% Mitigation]
6. Masonry Repair and Construction
A significant amount of masonry repair will be required over the course of the project.
Several methods including epoxy injection, helical anchoring, regrouting, and fiber-
reinforced polymer (FRP) will be used to repair the structure. Each method requires
various specific inspection aspects. For masonry anchors, continuous inspection is
required for any anchor embedded into the URM structure. Numerous pull/torque tests
are also required on masonry/concrete anchors. In accordance with the specifications,
50 percent of mechanical anchors require testing, 5 percent of epoxy anchors require
pull tests, and 25 percent of epoxy anchors require torque tests. Where epoxy injection
is required, the contractor will have to demonstrate that the repair method chosen will
provide the necessary shear strength. Slant shear testing as well as cores of epoxied
re required. Consultant shall provide four slant shear tests for each type of
cracks arealso
q
proposed epoxy. Consultant shall provide on-site coring services (may be
subcontracted). Additional masonry construction will include new masonry as well as
reconstruction of existing areas that are demolished for structural repairs. Consultant
shall provide one set of masonry prisms for every 5,000 square feet of new masonry
construction.
FRP will be used to Pp
strengthen the upper two floors of the structure. Specialized field
g
b the specifications. Pull tests will be performed b
and laboratory testing is required y p p Y
nt's FRP special inspector. Consultant, as
the Consultant's required, shall sample batches p p
of FRP sample daily. A le batch consists of two 12-inch by 12-inch panels of cured FRP.
p
Consultant shall test a minimum of 15 percent of these sample batches for ultimate
tensile strength, tensile modulus, and percent elongation. This specialized testing may
be subcontracted. The normal turnaround times for this test will be 15 working days
.da s 10 work
out, the specifications require test results within two weeks ( days).
Consequently, the short turnaround time will result in a premium g
"rush" charge included
in the proposed fee. It is assumed that of the 15 percent of the batches to be tested (2
samples per batch), 25 percent would be charged at a premium turnaround times and
the remaining 75 percent at normal turnaround times. There is an estimated total of 180
samples to be taken based upon a 45 working day schedule and two batches of two
samples taken daily. Fifteen percent of the 180 samples would be 27 "rush" tested
samples.
The Consultant understands that masonry repair and construction could occur over
approximately 180 working days (252 calendar days). As much of the masonry work
will likely be occurring concurrently with shotcrete and other inspection aspects, it is
assumed there will be some overlap. As a result, there is an estimated 144 days of
inspection for masonry repair and construction (excluding FRP inspection). In addition,
the Consultant will provide an additional inspector for FRP operations. The FRP
inspection is anticipated to take 45 days (63 calendar days).
[Estimated Masonry: 60% Repair/ 40% Mitigation, FRP: 20% Repair/ 80% Mitigation]
rev 5/1/06 A-3
7921 19.3
125
7. Structural Steel/Welding Inspection
The project will also utilize brace frames and other structural steel elements to reinforce
the structure. Consultant shall provide both shop and field inspections as necessary.
Several aspects of inspection are required by the specifications. Consultant shall
provide 15 percent of fillet welds and 25 percent of built up fillet welds with magnetic
particle inspection. Consultant shall provide ultrasonic testing (UT) as well as
inspection by a non-destructive testing (NDT) Level II welding inspector of 100 percent
of moment frame welds. These services may be subcontracted. Consultant shall
provide non-NDT Level II inspections for welding and structural steel inspection of shop
and field construction. It is assumed that shop fabrication will occur at a shop that is
within 30 miles of the project site. There is an estimated 10 working days (14 calendar
days) of periodic shop inspection by an AWS D1 .1 welding inspector and 3 working
days of full time shop inspection by an NDT Level II inspector. Fifty (50) working days
(70 calendar days) of continuous field structural steel and welding inspection by an
AWS D1.1 welding inspector and eight (8) working days of continuous NDT Level II
inspection are anticipated.
[100% Repair/ 0% Mitigation]
8. Inspection Report Preparation
The Consultant shall prepare inspection documentation during construction.
Documentation and reporting of inspections and observations pertaining to geotechnical
and inspection aspects of the project shall be provided. Consultant shall submit three
(3) close-out binders to City at the end of the project. These binders will include a copy
of all weekly special inspection reports, laboratory test results, and other reports
submitted during construction.
[Estimated 35% Repair/ 65% Mitigation]
rev 5/1/06 A-4
792119.3
126
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $386,991.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a time and material basis not to exceed a total
contractual amount of $386,991 .00. All reimbursables expenses will be included in the
total contract amount of $386,991.00.
Any additional services authorized by the City of Atascadero, not included in the scope
of services as defined by this contract, must be approved in the form of a City of
Atascadero Change Order prior to performing additional work. Any charges incurred
outside of these contract terms will not be authorized for payment.
Payment will be made within 30 days after receipt and approval of invoice.
Earth Systems Pacific
Dennis Shallenberger, G.E., President
658615.1
DRAFT 06/4/01 4:33 PM B-1
127
EXHIBIT B
Compensation and Method of Payment
1. Project Initiation (Reference Exhibit A, Section 1)
Associate Engineer 5 hrs. @ $145.00/hr. $725.00
Project Engineer 35 hrs. @ $110.00/hr. 3,850.00
Administrative Assistant 5 hrs. @ $48.00/hr. 240.00
Subtotal,Project Initiation $4,815.00
2. Micropile Indicator Program (Reference Exhibit A, Section 2)
Project Engineer 80 hrs. @ $110.00/hr. $8,800.00
Micropile Production Phase (Reference Exhibit A, Section 2)
Project Engineer 250 hrs. @ $110.00/hr. $27,500.00
Special Inspector 150 hrs. @ $86.00/hr. 12,900.00
Special Inspector- OT 40 hrs. @ $129.00/hr. 5,160.00
Inspection Coordination 20 hrs. @ $110.00/hr. 2,200.00
Compression Tests
(Grout/Concrete) 162 tests @ $25.00/ea. 4,050.00
Subtotal,Micropile Foundations $60,610.00
3. Cast-in-Place Concrete—Pile Caps, Basement Walls, Basement Slabs-On-Grade,
Beams (Reference Exhibit A, Section 3)
Special Inspector-
Rebar/Epoxy Dowels 60 hrs. @ $86.00/hr. $5,160.00
Special Inspector—Concrete 180 hrs. @ $86.00/hr. 15,480.00
Special Inspector—Concrete OT 18 hrs. @ $129.00/hr. 2,322.00
Inspection Coordination 30 hrs. @ $110.00/hr. 3,300.00
Rebar Tensile/Bend Test 4 tests @ $75.00/ea. 300.00
Concrete Compression Tests 60 tests @ $25.00/ea. 1,500.00
Subtotal, Cast-in-Place Concrete $28,062.00
ictv 5,11/06 B-2
?92119.3
128,
4. Soils Special Inspection-Basement Wall Backfill. Misc. Flatwork (Reference
Exhibit A, Section 4)
Soils Special Inspection 210 hrs. @ $82.50/hr. $17,325.00
Inspection Coordination 30 hrs. @ $110.00/hr. 3,300.00
Max Density/Opt Moisture Content 4 tests @ $170.00/ea. 680.00
Subtotal, Soils Special Inspection $21,305.00
5. Shotcrete (Reference Exhibit A, Section S)
Nozzleman Preq uali fi cation
Special Inspector—Nozzleman Test Panels
8 hrs. @ $86.00/hr. $688.00
Nozzleman Test Panels — assume two panels, both cored on the same day
Golding Concrete Sawing 8 hrs. @ $155.00/hr. 1.240.00
Nozzleman Core Compressive Strength/Grading
12 tests @ $40.00/ea. 480.00
Shotcrete Production
Special Inspector—Rebar 32 hrs. @ $86.00/hr. 2,752.00
Special Inspector-— Shotcrete 192 hrs. @ $86.00/hr. 16,512.00
Special Inspector— Shotcrete OT 20 hrs. @ $129.00/hr. 2,580.00
Inspection Coordination 40 hrs. @ $110.00/hr. 4,400.00
Test Panel Coring at Lab (1 panel/day—3 hrs./panel)
72 hrs. @ $60.00/hr. 4,320.00
Core Compressive Strength (4/panel)
96 tests @ $40.00/ea. 3,840.00
Rebar Tensile/Bend Tes t8 tests @ $75.00/ea. 600.00
Subtotal, Shotcrete $37,412.00
6. Masonry Repair and Construction (Reference Exhibit A, Section 6)
Masonry
Special Inspector—Masonry Repair and Construction
1.152 hrs. @ 586.00/hr. 599,072.00
Inspection Coordination 30 hrs. @ $110.00/hr. 3,300.00
Coring of Epoxied Crack Repair
Golding Concrete Sawing 6 visits @ 4hrs./visit
24hrs. @ 5155.00/hr. 3,720.00
Epoxy Injected Masonry Core Compressive Strength
8 tests @ $40.00/ea. 320.00
Slant Shear Test (2 epoxy types, 4 tests/epoxy type)
8 tests @ $150.00/ea. 1,200.00
rev 5/1/06 B-3
7921 19.3
129
Masonry Prism Compressive Strength
(I set per 5,000 square feet of wall, assume 6 sets)
18 tests @ $120.00/ea. 2,160.00
i0ortar Compressive Strength (I set per mortar type, assume 3 types)
9 tests @ $25.00/ea. 225.00
Fiber-Reinforced Polvmer (FRP)
`special Inspector—FRP 360 hrs. @ $99.00/hr. 35,640.00
Inspection Coordination 40 hrs. @ $110.00/hr. 4,400.00
FRP Laboratory Tests (Delsen Laboratories):
Rush Charge 7 tests @ $1,035.00/ea. 7,245.00
Regular Charge 20 tests @ $690.00/ea. 13,800.00
Subtotal, Masonry Repair and Construction $1719082.00
Structural Steel/Welding Inspection (Reference Exhibit A, Section 7)
>pecial Inspector— Shop Inspection 60 hrs. @ $69.00/hr. $4,140.00
Special Inspector—Field Inspection 400 hrs. @ $86.00/hr. 34,400.00
Inspection Coordination 40 hrs. @ $110.00/hr. 4,400.00
NDT Level 11 Inspection — Shop and Field
(includes magnetic particle and UT)
64 hrs. @ $115.00/hr. 7,360.00
,ubtotal, Structural Steel & Welding Inspection $50,300.00
7'. Inspection Report Preparation (Reference Exhibit A, Section 8)
/'ssociate Engineer- Inspection Report Review
25 hrs. @ $145.00/hr. $3,625.00
-;aff Engineer - Weekly Special Inspection Reports
60 hrs. @ $95.00/hr. 5,700.00
Draftsperson—Micropile and Compaction Test Maps
20 hrs. @ $60.00/hr. 1,200.00
Administrative Assistant—Inspection Reports
60 hrs. @ S48.00/hr. 2.880.00
:nabtotal, Inspection Report Preparation $13,405.00
V?STIMATED PROJECT TOTAL $386991.00
. B-4
79z;19s
130
EXHIBIT B-2
ANTICIPATED FUNDING SOURCES
Item No. Percentage Cost Determination Total Fee
Repair Mitigation Repair Mitigation Total
A-1 Initiation 35% 65% 1,685.25 3,129.75 4,815.00
A-2 Micropiles 0% 100% 0.00 60,610.00 60,610.00
A-3 Concrete 0% 100% 0.00 28,062.00 28,062.00
A-4 Soils Inspection 0% 100% 0.00 21,305.00 21,305.00
A-5 Shotcrete 0% 100% 0.00 37,412.00 37,412.00
A-6 Masonry 60% 40% 65,998.20 43,998.80 109,997.00
A-6 FRP 20% 80% 12,217.00 48,868.00 61 ,085.00
A-7 Steel/Welding 100% 0% 50,300.00 0.00 50,300.00
A-8 Report Pre 35% 65% 4,691.75 8,713.25 13,405.00
Totals $134,892.20 $252,098.80 $ 1.00
386,99
rev 5/1/06 B-5
7921 19.3
131
EXHIBIT C
Items Provided by City
will provide the following electric power source and be responsible for payment
thereof:
1. LIGHT DUTY: 60 amp "Spider" boxes for small power tools and temporary
lighting per minimum OSHA Standards.
HEAVY DUTY: 400 amp, 3 phase temporary service, Contractor to have
access to temporary power panel to provide at its own expense individual power
connection as required.
General lighting will be provided by the City but specific task lighting must be provided
by the Contractor.
City will provide a source of water to the site, but the Contractor is responsible to provide
LLli temporary water distribution required for the Contractor's work.
City will install and maintain throughout the construction work chemical toilet facilities for
; e use of all workmen on the job.
f the Contractor requires an on site temporary office, the City will provide a limited
amount of office space for the Contractor in a portion of the Construction Manager's
of�ice complex. Any phone or internet service will be the responsibility of the Contractor.
F- rrnit fees will be paid by the City of Atascadero. Any special permits required to
perform this scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD
Permits and all other governing jurisdictions that required permits or approvals for the
eso�:,,ution of Contractor's scope of work shall be applied for and paid by the Contractor.
658oI;.:
DRAFT'06/4/01 4:33 PM Ci-1
132
EXHIBIT D
Location Schedule
'W"
a
LAIL
rA
a
,.
Historic Atascadero City Hall
6500 Palma Avenue
Atascadero, California 93422
658615.1
DRAFT 0614/01 433 PM D-1
133
EXHIBIT E
Insurance Requirements
Tie Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
%Ith the performance of the work hereunder by the Consultant, its agents, representatives,
employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1 ,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1 ,000,000 per accident for bodily injury or disease.
Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce
o: eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
:ether Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, official, employees, agents or volunteers.
65V15.-1
DRAFT 06/4/01 4:33 PM E-1
134
Insurance Requirements
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than ANIL
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance
showing maintenance of the required insurance coverage. Original endorsements effecting
general liability and automobile liability coverage required by this clause must also be
provided. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City before
work commences.
658615.1
DRAFT 06/4/01 4:33 PM E-2
135
136
Exhibit B
CITY OF ATASCADERO
B
��1915 1979 7
AMENDMENT TO
Contract #2010-004
Millennium Consulting Associates,
a MECA Consulting, Inc. Company
for
Hazardous Materials Abatement and Monitoring Services for
Historic City Hall Rehabilitation, FEMA Repair & Hazard Mitigation
137
e'
wl 0,,10 (I
1
1979
e
AMENDMENT TO CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
Millennium Consulting Associates
This document is the first amendment to the contract made and entered into between City of
Atascadero, a Municipal Corporation ("City") and Millennium Consulting Associates, a MECA
Consulting, Inc. Company ("Consultant"), dated March 23, 2010. The following scope of work
and compensation are in addition to that specified in the above referenced contract.
SCOPE OF SERVICE:
This phase of hazardous materials consultant work includes providing hazardous material
abatement monitoring based on the plans developed in the previous phase, as well as
clearance inspections and testing. This work will be implemented in the following phases;
Phase Ilia-Penthouse Demolition and Phase IIIb-Upper Rotunda Disassembly and Interior
Demolition. In addition, the Consultant will provide services at the close-out of the project,
supplying the City with required documentation of the work completed.
The Scope of Services to be provided for this phase of the project includes the following tasks:
1 . Bidding Services: Consultant shall prepare written addenda pertaining to hazardous
material related work as required. All written responses will be coordinated with the
Project Architect and the Project Construction Manager (Bernards). Phase IIIb will
include Consultant attendance at the on-site pre-bid meeting and site walk with potential
bidders.
Amendment# 1 (January 12,2011) fel-1
138
2. Bid Support Services: Consultant shall attend one pre-construction meeting onsite
with the abatement contractor, City and Bernards for this scope of service. At the pre-
construction kick-off meetings, Consultant will review the abatement scopes of work,
specific abatement submittals, and waste characterization requirements. The purpose
of this meeting is to coordinate abatement monitoring with planned work activities during
these project phases.
Consultant will perform technical review of abatement contractor's hazardous material
abatement work plans. The review will include hazardous material subcontractor
submittals' conformance with the project specifications for these phases.
3. Inspection and Monitoring Services:
■ Attend construction progress meetings during the first and third weeks to coordinate
abatement monitoring with planned work activities during the project phase.
Inspect abatement enclosures prior to initiation of abatement activities for conformance
with project specifications.
■ Perform periodic inspections of the hazardous material contractors work.
■ Perform necessary clearance inspections and testing.
■ Perform wipe testing to document final cleanup prior to turn back.
■ Collect samples for clearance testing and collect bulk samples of stockpiled
construction materials (stucco and plaster) for initial waste characterization (TTLC).
Additional Waste Characterization (STLC and TCLP) will be determined based on the
results of initial waste characterization. Analytical results shall be provided to the
abatement contractor.
4. Project Closeout: The Consultant shall provide project closeout services by providing
a review of the contractor red-lined drawings related to hazardous materials abatement
work, preparing and/or reviewing required close-out documents and preparing
documentation of the work completed to provide to the City.
The following assumptions are applied to hazardous material abatement monitoring and
clearance inspections and testing, unless otherwise noted:
• Consultant will prepare technical addenda during the bidding period. Up to three (3)
addenda will be prepared (Phase Ilia: one (1) addendum, Phase IIIb: up to two (2)
addenda). The technical addenda will consist of revisions to previous abatement
drawings.
• Consultant shall attend one pre-construction meeting for each phase to review the
hazardous materials related work as described in the project specifications. This task
will include travel and per diem to attend the meeting.
Amendment#1 (January 12.2010) A1-2
139
e;onsultant shall review abatement contractor's submittals in one (1) to two (2) days.
Additional time will be allowed if the submittal is determined to be incomplete and will
equire re-submittal and re-review.
( onsultant shall attend weekly construction meetings during the first and third weeks of
abatement for a total of 2 meetings per phase. Attendance at additional meetings will
be determined based on need.
• .Abatement Phase: Consultant shall perform hazardous material abatement monitoring
activities. Abatement monitoring is estimated to require the following:
Phase Illa: ten (10) 8 hour shifts and five (5) 10 hour shifts
,phase IIIb: ten (10) 8 hour shifts and fifteen (15) 10 hour shifts.
Ohase IIIb time frame assumes that the abatement contractor will have four crews
working on a floor (one crew per wing), and that abatement on the four floors and
mezzanine deck can be completed in four weeks (20 shifts) and the rotunda and roof
abatement can be completed in one week (5 shifts).
:Abatement monitoring is assumed to have full time shift durations of 8 to 10 hours.
Abatement work is assumed to be performed during normal work hours (Monday —
Friday). Premium shift rates may be imposed for work performed on weekends and
holidays.
:Abatement monitoring also assumes that the abatement contractor will construct
containments and negative pressure enclosures to encompass the largest area feasible
in order to minimize air monitoring and final clearance sampling and comply with FEMA
Repair/Mitigation Zones.
• u,onsultant will collect necessary air clearance and/or wipe test. Samples will be
shipped to AmeriSci via overnight delivery. Samples will be performed on rush
turnaround. Because of shipping, results will not be received until following day of
shipment.
Consultant shall collect up to sixteen (16) samples for waste characterization from the
;Master and exterior stucco (8 each) for lead characterization. The samples will be
,hipped to AmeriSci via overnight mail. Samples will be performed on a 3 day
ti.rnaround. Additional WET and TCLP analyses will be performed upon review of initial
lab data. Budget includes running two WET and TCLP for lead. Because of shipping,
r( sults will not be received until 3 days following shipment and receipt by the laboratory.
Abatement subcontractor provides closeout documentation for each containment and/or
abatement activity in timely manner.
k .,onsultant will provide detailed invoices and Project documentation showing work
performed
Amendment#1 (January 12,2010) Al-3
COMPENSATION:
Services will be conducted and billed on a time and material basis not to exceed the
contractual amount of $75,319. The reimbursable allowance is included in the total contract
amount. Any additional services authorized by the City, not included in the scope of services
as defined by this amendment, must be approved in the form of a City of Atascadero Change
Order prior to performing additional work.
Payment will be made within 30 days after receipt and approval of invoice.
Hourly rates will be billed as follows:
Principal $150.00 / hour
Project Director 135.00/ hour
Senior Project Professional 135.00 / hour
Project Professional 95.00 / hour
Staff Engineer 75.00 / hour
Drafter 75.00 / hour
Administrative Support 45.00 / hour
Abatement Shift Rate, 8-hour 640.00/ day
Abatement Shift Rate, 10-hour 810.00 / day
Testing will be billed as follows:
PCM Analysis - 24 hour $17.00 / test
TEM (AHERA) - 24 hour 75.00 / test
Lead (air) - 24 hour 35.00 / test
Lead (wipe) — 24 hour 35.00 / test
Lead (plaster/stucco) — 24 hour 35.00 /test
CAM 17 (soil) — 3 day 150.00 / test
WET (stucco/plaster) — 3 day 156.00 / test
TCLP (stucco / plaster) — 3 day 156.00 / test
Culturable Media— 7 day TAT 75.00 /test
Direct Prep — Non Viable (3 day TAT) 68.00 / test
Non-Viable Sport Trap (3 day TAT) 65.00 /test
Drinking Water (5 day) 103.50/ test
Sample Shipment 40.00 / each
Consumeables 250.00
Reimburseable expenses and per diem Actual costs
Amendment#1 (January 12.2010) Al-4
141
=;ts modified by this Amendment, the terms of the Consultant Services Agreement
t;ie parties on March 23, 2010 shall remain in full force and effect.
C' o this 12th day of January, 2011 by the parties as follows.
CITY OF ATASCADERO MILLENNIUM CONSULTING ASSOCIATES
a MECA Consulting, Inc. Company
HV- By:
-i_ G. McKinney, City Manager Title:
Approved as to form:
6y.
Brian Pierik, City Attorney
Amci,L'nen,#1 (January 12,2010) Al-CJ
Exhibit C
CITY OF ATASCADERO
� o
I T
1918 Q Z1- 1979^7
(` CAD
AMENDMENT TO
Contract #2010-009
BERNARDS
for
Construction Management / Project Management Services for
Historic City Hall Rehabilitation, FEMA Repair & Hazard Mitigation
143
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AMENDMENT TO CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
BERNARDS
l document is the first amendment to the contract made and entered into between City of
11-\Lascadero, a Municipal Corporation ("City") and Bernards ("Consultant"), dated May 01, 2010.
The following scope of work and compensation is in addition to that specified in the above
i�:renced contract.
3(,J ,E OF SERVICE:
i €,:a phase of construction management consultant work includes providing the completion of
pre-construction management services, community outreach activities, and construction
management through June 2013 (anticipated completion date for the project). In addition, the
Cora altant will provide services at the close-out of the project, supplying the City with required
documentation of the work completed.
,o,-.,::,ultant will provide all services necessary to complete the following:
7RE-CONSTRUCTION MANAGEMENT SERVICES
1. Develop and issue remaining multi-prime bid packages.
2. .Assist City in pre-qualifying critical contractors for relevant experience.
1
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City of Atascadero ®r
Bernards ;55,
3. Maintain contact with potential bidders, including subcontractors and
suppliers, on a regular basis through the bid period. Conduct a telephone, electronic
and face to face campaign to stimulate and maintain interest in bidding on the
project.
4. Assist the City in preparing and placing public notices and advertisements relative to
intent to solicit bids on the project.
5. Assist the City in development, processing and advertising of Requests for
Proposals (RFP's) for specialty consultants necessary to complete the project
including, but not limited to testing agencies, inspection services and environmental
health and hazardous material specialists.
6. Review the construction cost estimates and provide analysis of cost and segregate
estimates to reflect bid packaging phasing.
7. Manage bid documents by arranging for printing, binding and wrapping, arranging
for delivery to bidders, maintaining a complete list of all bidders that receive
documents.
8. In conjunction with the City and the Architect, conduct pre-bid conference(s) as a
forum for presenting the project to potential bidders, and to respond to bidders'
questions.
9. Coordinate all communications related to bidder inquiries, seek resolutions from the
appropriate party, and forward such information to the Architect and bidders in a
timely manner. Co-operate with the Architect to issue addenda when necessary.
10. Review each addendum during the Bid Phases for time, cost or constructability
impact and make appropriate comments and recommendations.
11 . Assist the City in evaluating the bids for completeness and full responsiveness,
including bid alternates and unit prices. Conduct a pre-award conference with low
bidder when necessary, and make formal recommendation to the City with regard to
the construction contract award.
12. Assist the City in the preparation of staff reports to the City Council for the award of
project contracts.
13. Assist the City in settling any disputes arising during bid time.
14. Assist the City in obtaining bonds and insurance certificates from Contractor(s).
15. Assist the City in the determination and preparation of the Contractor's Notice to
Proceed.
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3ernards
16. Conduct, in cooperation with the City and the Architect, a pre-
construction orientation conference. Record, transcribe and distribute minutes to all
parties.
17. Provide Phase III cost estimate, and segregate estimates to reflect bid package
phasing.
COMMUNITY OUTREACH PROGRAM
Bernard's Outreach Coordinator will continue to work with the City Staff and local
community stakeholders in managing a comprehensive program aimed at continuing good
community relations, project information distribution, local contractor, vendor and supplier
participation and employment opportunities for local individuals seeking work.
Bernard's will work with local Builders Exchanges to develop a contact list of all Builders
Exchange members interested in working on the project as well as work with he local Blue
Book representatives to sort for all local contractors, vendors and suppliers within 30, 60,
90,120 miles radius of the restoration project.
Bernard's will electronically send bid notifications to all contractors, vendors and suppliers
in the data base, follow up the bid interest notification with telephone contact and then
personally contact interested contractors, vendors or suppliers to solidify their participation
in the project.
4. Organize and chair a meet the prime contractor's conference for those firms interested
developing a working contractual relationship with successful bidders on the projects
various trade packages.
5. Work with local One Stop, EDD, and Workforce Development agencies in identifying
qualified trades people interested in finding work and provide a "meet the contractors"job
fair opportunity for each bid period scheduled.
Manage the project website to be updated with real time information and monthly progress
reports to be screened by and attached to the City of Atascadero web site.
7. Develop web based job site camera(s) to be accessible 24-7 by the community through the
City Web site. Provide system infrastructure and deliver images to City in a format
acceptable for use with the City IT system. Alternatively, the web based job site camera /
web link may be replaced by other, mutually agreeable, community outreach programming
that provides a similar, effective means to keep the public informed of project progress.
Assist in the development of a public information program.
Work with local stakeholders like the Historical Society, school district and special events
programmers to develop community events in the park designed to provide updates and
information and instill community pride.
Amendment#I (January 12,201 I) 3
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CONSTRUCTION MANAGEMENT SERVICES
1 . Provide on-site Construction Manager and clerical support for the duration of the
construction process. Administer the Prime Contractor's contracts and observe and
report on the progress of the work
2. Maintain all records on site in a systematic format, including but not limited to:
correspondence, submittals, Requests for Information, Change Orders, inspection
records, daily reports, contractor payment records, claims and other documents that arise
during the course of the construction.
3. Coordinate the review of shop drawings, product data, samples and other submittals.
Establish and implement procedures for expediting the processing and approval of
submittals. Manage the submittal schedule.
4. Document all related data management and tracking of site/building conditions.
5. Create and maintain a photographic record of the project in a bound and labeled form.
6. Implement a Matrix of Responsibility for "controls" of documents.
7. Collect and review Contractor's monthly labor reports, when submitted with the monthly
pay application, for completeness, and forward to City staff for City to review for labor
compliance.
8. Conduct weekly jobsite progress meetings with the Contractors and appropriate
personnel to discuss issues relative to the progress of the work. Record, transcribe and
distribute minutes to all attendees, the City, the Architect and all other appropriate parties.
9. Conduct weekly Owner's meetings to review all aspects of the project's status with City,
Architect/Engineer and regulatory agencies. Facilitate the meetings and prepare meeting
agendas, minutes and actions items.
10. Set up and prepare for pre-construction and post-construction meetings with utility
agencies and the Contractor.
11. Attend City Council meetings when requested
to inform the Cit
Council of construction
related issues.
12. Coordinate with the City's Building Inspector and construction special testing agency.
Insure that all technical inspection reports and submittals for shop and mill tests for
materials and equipment, are in a format approved the City and are received on a daily
basis. Assist the City in providing inspection of the project in accordance with regulatory
requirements. Assist the City to develop and implement an inspection program to meet
the various Codes and regulatory requirements.
Amendment#1 (January 12,20 11) 4
792119.3
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City of Atascadero
i
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13. Oversee the site for safety issues and concerns, and notify Contractors,
Architect, Engineer and City in accordance with Cal-OSHA requirements.
14. Manage any non-conforming work and resolve issues.
15. Review Contractor's recommendations related to any issues requiring corrective action
for contract compliance with the Architect, Building Inspector and the City staff, and
authorize most effective solution.
16. Advise and assist the City in the use of contract provisions necessary to achieve contract
compliance.
7. Review the progress of construction, observe work-in-place and manage stored materials
on a monthly basis. In cooperation with the Building Inspector and the Architect, review
the Contractors' monthly payment requests and certify as accurate for the City's use in
processing payment to Contractors.
13. Insure that, as part of monthly payment request, Contractor's "as-built" documents are up
to date and accurate.
19. Review the contractor's schedule submittals, including Initial Contract Schedule,
approved Baseline Contract Schedule, required schedule updates, schedule revisions,
short interval schedules, recovery schedules and time extensions.
20. Monitor the work progress against the schedule, advise the City of the status and
recommend action when progress is behind schedule.
21. Manage the Change Order process by: establishing and implementing a change order
tracking and processing system, receiving change order requests from the Contractor,
Architect or the City, negotiating cost and time extensions on behalf of the City when
appropriate, evaluating costs and time with respect to the benefits to the project and
recommend dispositions, preparing Change Order documents for processing to the
Architect and the City and monitoring the change order contingency established in the
City's project budget.
22. Monitor the Contractor's offsite handling, transportation and storage of historical building
materials.
23. Receive and evaluate all claims by the Contractor against the City for additional cost or
time due to any alleged cause. Obtain factual information concerning the claim and make
recommendations for settlements.
24. Assist the City to resolve disputes arising from construction and funding issues.
25. Prepare and distribute a Monthly Project Status Report which includes work progress,
budget evaluation, schedule report, construction photographs and other pertinent
information.
Amendment 41 (January 12,201 1) 5
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26. Receive and review Operation and Maintenance Manuals, warranties and `A`
guarantees and extra material stock required in the Contract Documents, receive and
review Contractor's "As-Built" redlined plans and specifications and transmit to Architect
for preparation of "Record Drawings and Specifications", assist the City in close-out
procedures required in the General Conditions.
27. In conjunction with the Architect, and at the conclusion of all corrective and punch list
items, make a final comprehensive review of the project and provide a report to the City
indicating the projects acceptability under the Contract Documents, recommend when to
file the Notice of Completion and when to process the Contractor's final payment.
28. Provide all project files, prepared for final audit for the funding agency(s) and be prepared
to support the payment requests, in detail, as needed and prepare other construction
documentation typical for a project of this type. All files will be turned over by the
Consultant after the completion of the project.
29. Prepare and turn over to City an electronic copy of project files after the completion of the
Project. The files will be in a form mutually agreeable to consultant and City.
30. Maintain and update a project-based web site to display meeting notes, plans and other
relevant documents during the construction phase of the project.
31. Manage site general condition activities and assist City in the procurement of site general
conditions, goods and services.
QUALIFICATIONS
1. Document reproduction /delivery costs to be reimbursed by the City.
2. All costs for deputy inspections to be paid directly by the City.
3. The duration for Phase I of the Project will be February 15, 2011 through June 30, 2013,
The City of Atascadero will provide the following:
1 . Temporary field office with restroom
2. Temporary architect's/inspector's field office
3. Bid document reproduction/delivery
4. Bid advertisement
5. Jobsite security
6. Jobsite perimeter barricading (portion that is not to be provided by contractors)
Amendment 41 (January 12,2011) 6
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7. Temporary installation and cost of power, water and sewer
8. Phone and data service, including phone handsets and monthly service cost
9. Janitorial service
10. Insurance: course of construction hazard insurance for building and for temporary field
office
COMPENSATION:
Services will be conducted on a time and material basis, not to exceed the contractual amount
of $2,876,562.00. Total fee includes Phase III cost estimate (not to exceed cost $35,000).
Reimbursables (and/or general conditions) will be billed for actual costs only, with no mark up,
up to a maximum amount of $165,585.00, for the duration of this phase of the contract. The
reimbursable allowance of $165,585.00 is included in the total contract amount of
$2,876,562.00.
Billable time will be invoiced at the following hourly rates:
Project Executive $172.00
Program Manager 150.00
Construction Manager 110.00
Superintendent 1 135.00
Superintendent II 135.00
Clerical 57.00
Historical Consultant to be determined, (not more than $150.00/hr)
These hourly rates may increase at the rate of 3% per year, or CPI, if Consultant can show
that actual costs have increased by that increment.
TOTAL COST OF CONTRACT AMMENDMENT NOT TO EXCEED $2,876,562.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Amendment#I (January 12,2011) 7
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The contractual amount for staff time is separated into the following categories of work:
Estimated Contract Amount
FEMA Repair $1 ,094,897
FEMA Hazard Mitigation 1 ,153,189
City Repair 509,674
FEMA Administration 118,800
TOTAL $ 2,876,562
Billable time will be clearly delineated by the categories shown above based on asks
performed. Reimbursables and staff time that cross categories will be billed proportionally,
based on each category's percentage of the construction contract.
Any additional services authorized by the City of Atascadero, which are not included in the
scope of services as defined by this contract, must be approved in the form of a City of
Atascadero Change Order prior to performing additional work. Such services will be billed at
the same hourly rates as the contract amount. Payment will be made within 30 days after
receipt and approval of invoice.
Payments to the consultant in excess of the contract amount of $2,876,562.00 will not be
made unless written authorization is executed prior to the date of the additional requested
work. Any charges incurred outside of these contract terms will not authorized for payment.
Except as modified by this agreement, the terms of the Consultant Services Agreement
entered by the parties on May 01, 2010 shall remain in full force and effect.
AGREED to this 12th day of January, 2011 by the parties as follows:
CITY OF ATASCADERO BERNARDS
Wade G. McKinney, City Manager Michael Cawlina
President CM Services
Approved as to form:
By:
Brian Pierik, City Attorney
Amendment�'l (January 12,2011) 8
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ITEM NUMBER: C -3
DATE: 1/11/11
rr 7'J 97
9,`�
A tascadero City Council
Staff Report - Administrative Services Department
Strategic Planning 2011
Finance Issues
RECOMMENDATION:
Council review and accept report.
REPORT-IN-BRIEF:
A key tool in the management of the City's Fiscal Strategy is a periodic review and
report of progress toward the goal of Fiscal Stability. The following staff report is the
first step of many toward an effective budget plan. This report is a snapshot in time of
what the financial picture looked like as of December 2010. News affecting the budget
is constantly evolving and staff will continue to monitor the economy and the City's
financial activities. This additional information will be provided to Council as it becomes
available.
Unfortunately, preliminary evaluations of revenues and expenditures indicate that the
fiscal situation for the City is worse than previously projected. Real estate prices are
down and PERS rates and other expenses are up. The good news is that the Council's
Fiscal Strategy has built up a sizable General Fund Reserve that allows the
organization to maximize its options.
For this very reason, opportunities to refine policies and fiscal priorities, evaluate risk
tolerance, and guide the staff in the preparation of another effective two-year budget
plan will be forthcoming over the next few months.
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ITEM NUMBER: C -3
DATE: 1/11/11
T.0USSION:
l"he City of Atascadero has worked hard to maintain fiscal stability in these times of
economic flux. The effects of the local, state, national, and worldwide financial
°wironments have been felt by virtually all governmental agencies, companies, and
irr'ividuals. The severity of the effects is oftentimes directly related to the planning and
eparation that was done in advance. Fortunately, through Atascadero's visionary
leadership, appropriate policies and strategies have been put in place and continue to
be used to help navigate the City as this time of fiscal challenge persists. The tough
decisions and sacrifices are working to keep the organization strong and resilient.
(:nuncil and staff have worked as a powerful team to maintain the organization as
s:,,ally nimble as possible. Critical indicators and influences are continuously monitored
and analyzed so adjustments and modifications can be made as new information is
,'.able. Detailed below are highlights of some of the key actions in the last few years
ai have been accomplished to help the City get through this economic downturn.
h-ay 13, 2008 - Mid-Year and Mid-Cycle Budget Revisions
As a part of the Mid-Year and Mid-Cycle Budget review, staff prepared and analyzed a
ive-year projection to facilitate long-term planning. Council endorsed staff budget
actions taken such as the reduction in operating expenses, emphasis on economic
development, hiring chills, and operations monitoring. Additionally, Council adopted
hudget policies that have enhanced the City's fiscal position such as budget
justments, no new or expanded programs, and pursuit of new and/or improved
?venue sources.
i:fember 22, 2008—Special Public Workshop on Economic Development
3ouncil hosted a special public workshop to receive the report from Applied
Development Economics. The report identified the City's strengths and weakness, and
;Dosed ideas for improvement.
,yanuary 13, 2009—Budget Workgroup Initiated & Weekly Budget Update Memo
workgroup was initiated in January to discuss budget strategies and come up with
Yew ideas for cost reductions and revenue enhancements. The group met weekly and
3,as comprised of staff from the different departments and representatives from all of
the employee associations. Concurrent with meetings, weekly budget newsletters were
1-1ributed to Council and all City employees to provide information discussed at the
o� �iget workgroup meetings and on progress with the two-year budget, pertinent State
legislative actions, and to generate new ideas for cost reductions or revenue
enhancements. Staff received positive feedback on the newsletters and good ideas
vere brought forth.
1 '
ITEM NUMBER: C-3
DATE: 1/11/11
January 13, 2009 - Fiscal Year 2007-2008 Audit
Council reviewed and accepted the audited financial statements for fiscal year 2007-
2008. The report included information on the effects the economic downturn had on the
2007-2008 fiscal year. Also included were the projected effects the downturn would
have on future years.
January 28 and 29, 2009 - Council Strategic Planning
Council met for annual strategic planning to discuss key issues and prioritize goals.
This process is fundamental to budget development and the success of ongoing
operations.
March 24, 2009 - Budget Plan 2009-2011
Council received a budget update report which identified the $3.5 million gap that
needed to be closed for the 2009-2011 budget. In an effort to close the gap, Staff
evaluated and/or implemented solutions including a hiring chill, a policy of no new or
expanded programs, a critical analysis of budgets and operations, weekly staff budget
meetings, Council/employee budget newsletters, employee cost cutting/revenue
generating idea program, voluntary furlough and early retirement incentive programs,
and a review of each department for services that could be reduced or eliminated.
April 14, 2009 - Budget Plan 2009-2011
Council received a staff report on budget progress and current information. Data
relating to key revenues, expenditure reductions, and reserves were presented and staff
indicated that the budget gap was reduced to $700,000. Staff was working to close the
gap completely but believed that wasn't possible without the consideration of layoffs.
April 28, 2009 -2009-2011 Budget Update
Council received a budget update and authorized the City Manager to proceed with staff
layoffs. The update included an analysis of critical revenue sources affirming that they
were still projected to come in low, a review of reserves, and descriptions of expenditure
cuts and layoffs proposed to close the budget gap.
May 26, 2009 —Special Budget Meeting
Council was provided a review of the preliminary budget and an opportunity to ask
questions and voice concerns. Additional details and information were given by staff to
address these concerns.
June 9, 2009 - Operating and Capital Budget Message for Fiscal Years 2009-2011
Council adopted the budget for fiscal years 2009-2011 . Included in the budget were
one-time special and capital project deferrals or eliminations, ongoing operational cost
reductions, staff layoffs, hiring chills, and suspension of specific reserve funding, among
other gap-closing solutions. The budget was designed to implement the Council's top
priorities of growing the City's economy and pursuing economic development,
enhancement of public safety, and the continued stabilization of the City's finances.
155
ITEM NUMBER: C - 3
DATE: 1/11/11
June 23, 2009 — Business Stimulus Package Adoption
L ouncil approved the Business Stimulus Plan in June of 2009. The goals of this plan
were to increase revenue through economic development and to stimulate the City's
t.:,conomy. This package included a comprehensive marketing plan, fee relief, plans for
improved relationships with local commercial brokers, support of buying local, promotion
of shopping locally, streamlining of the permitting process, a new business website, and
strategic downtown initiatives.
August 11, 2009 - Budget Amendment and Update
Council amended the 2008-2009 fiscal year budget in response to the State's intentions
Expecting that this would like) come to fruition, the organization was
`o raid City funds. Expe g y g
rrepared and pre-determined responses were identified, including legal action against
State, expenditure reductions, borrowing, and possible shifting of funds.
-tober 27, 2009 - Authorization to Participate in Proposition 1A Securitization
;..ouncil adopted a resolution and authorized the participation in the Proposition 1A
`: curitization Program that would effectively negate the State borrowing of $645,000 in
property tax revenues, freeing up necessary liquid reserves.
Vecember 8, 2009 —Strategic Planning, Phase 11—Financial Information
>ouncil received a budget update, affirmed staff's analysis of the City's risk areas, and
Accepted an update of the 7-year projections. The report included a comprehensive
-Pview of key revenues, labor costs, reserves, and the risks the City faced as a result of
he State's budget crisis.
i-inuary 30, 2010— Council Strategic Planning
'Duncil met for annual strategic planning to discuss key issues and prioritize goals.
Tris process is fundamental to budget development and the success of ongoing
operations.
February 23, 2010—Investment Policy Update
he Investment Policy provides guidelines for the prudent investment of funds, outlines
policies for maximizing the efficiency of the City's cash management system, protects
-)pled cash and ultimately enhances the economic status of the City. Council adopted
ar updated Investment Policy which reflected the changes in reporting frequency,
;.onsistency with modified State laws, changes to FDIC limits and other minor changes.
111f,?rch 9, 2010 - Fiscal Year 2008-2009 Audit
Council reviewed and accepted the audited financial statements for fiscal year 2008-
The report included information on the effects the economic downturn had on the
-,C`)8-2009 fiscal year. Also included were the projected effects the downturn would
� . on future years.
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ITEM NUMBER: C-3
DATE: 1/11/11
March 9, 2010—Strategic Planning 2010 - Council Goals and Action Plan
Council adopted the goals set forth in the Strategic Planning session on January 30,
2010, and approved the related action plans developed at the same meeting.
May 11, 2010— Bond Finance Team
Council authorized the City Manager to execute agreements with Piper Jaffray and
Quint & Thimmig for the October 2010 bond issue.
July 27, 2010 - Mid-Cycle Budget Revisions
Staff provided some information on anticipated results of the 2009-2010 fiscal year, and
made one minor budget adjustment in the Wastewater Fund.
July 27, 2010— City Hall Update — Bond Issue
Council approved the issuance and sale of Lease Revenue Bonds to finance
improvements to the City's Historic City Hall and the acquisition and development of
other capital improvements throughout the City.
October 26 2010—Strategic Planning 2010— Update on Council Goals
9 9
Council received an update on the three key goals, including the two fiscal goals related
p Yg 9
to growth of the City's economy/economic development and stability of the City's
finances.
November 3 2010—Bud9etWo
rk9roup Reinitiated& Budget Update Memo
The budget workgroup that was initiated in 2009 was reconvened beginning in
9
9 p 9 g
November. The purpose of this group is to discuss budget strategies and come up with
new ideas for cost reductions and revenue enhancements. The group monthly through
the end of 2010, and is now meeting weekly or as needed. The group is comprised of
staff from the different departments and representatives from all of the employee
associations. Concurrent with meetings, budget newsletters are distributed to Council
and all City employees to provide information discussed at the budget workgroup
meetings and on progress with the two-year budget, environmental/economic
influences, and to generate new ideas for cost reductions or revenue enhancements.
December 14, 2010- Fiscal Year 2009-2010 Audit
Council reviewed and accepted the audited financial statements for fiscal year 2009-
2010. The statements indicate that while the City is effectively managing resources,
difficult times remain ahead.
December 14, 2010— Redevelopment Agency Restaurant Stimulus Program
Council acting as the Agency Board approved a Restaurant Loan Assistance Program
designed to provide short-term financial assistance to people looking to open or expand
restaurants in Atascadero's Downtown.
These actions are but a small sampling of the work that has been done, and continues
to be done, to successfully position the City to respond to the ebbs and flows of the
uncertain economy. In addition, the Office of Economic Development has been
established to encourage economic development throughout the City. The recent
157
ITEM NUMBER: C -3
DATE: 1/11/11
passage of State Proposition 22 promises to prevent future State take-aways. The
entertainment and retail sectors may begin to pick up in the future as the new movie
theater and Colony Square center are opened and other new and existing businesses
gain momentum.
In preparation for the two-year budget process, staff prepared a seven-year projection
to more fully understand the long-term impacts of the two-year budget. The seven-year
projection is an excellent planning tool to get a broader perspective of how the
organization will fare and to ensure that the level of reserves currently available will last
through the downturn. Similar to the three-year planning horizon for Strategic Planning
purposes, the three-year view is generally believed to be a reasonable time frame for
projecting the future. However, indicators suggest that the return to an average growth
period may be exceptionally long and slow due to the nature of the current downturn.
Therefore, staff has used a seven-year projection horizon for key revenues and
expenses. A ten-year history and a seven-year forecast are displayed on the following
pages.
158
ITEM NUMBER: C -3
DATE: 1/11/11
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ITEM NUMBER: C-3
DATE: 1/11/11
Obviously, there are a lot of numbers and a huge amount of data on the charts. It is
true that there are thousands of minute details to consider and monitor, but when it all
boils down, there are five key risk areas:
1 . Property Tax Revenue;
2. Sales Tax Revenue;
3. Personnel and Labor;
4. State Impacts; and
5. Reserves.
Following is an in-depth discussion of the five key risk areas and what the staff has
done, or is proposing to do, to continue to keep the organization fiscally sustainable.
PROPERTY TAX REVENUE
The City of Atascadero currently receives 45% - 50% of its general fund revenues from
property tax revenues.
WHAT ARE PROPERTY TAX REVENUES?
Property tax revenues are taxes imposed on real property (land and permanently
attached improvements) and tangible personal property (movable property). The tax is
based on the value of the property rather than on a fixed amount or benefit to the
property or person. Proposition 13 (Article XIIIA of the State Constitution) limits the real
property tax rate to 1% of a property's assessed value, plus rates approved by the
voters. The amount of the tax is based on an annually determined assessed valuation.
The property tax is paid to the county tax collector and allocated to local taxing agencies
pursuant to a statutory allocation formula. The property tax is guaranteed by placing a
lien on the real property.
The City of Atascadero participates in the Teeter Plan. This means that the City of
Atascadero receives its entire amount of the property tax levy regardless of whether or
not the tax has been paid to the County. In exchange, the County is entitled to all future
penalties and interest collected on the levy.
In order to understand property taxes, it is important to understand assessed value.
Proposition 13 calls for a base year assessed value to be established when the property
undergoes a change of ownership (typically a sale) or when new construction occurs.
161
ITEM NUMBER: C-3
DATE: 1/11/11
After the base year value is established, the value is factored annually for inflation,
which is the lesser of the change in cost of living or 2%. The assessed value may also
be adjusted by a Proposition 8 factor. Proposition 8 requires the Assessor to value the
property at the lesser of the base year value indexed by inflation or the fair market
value. This means in housing market downturns like the one we are currently
experiencing, the assessed value will drop to the fair market value. When the housing
market recovers, the assessed value is adjusted to the lower of the new fair market
value or the original base value adjusted annually for inflation. The table below
illustrates how assessed value would be calculated for a fictional property.
EXAMPLE OFASSESSED VALUE FOR FICTIONAL HOME
Description of Changes in CCPI Inflation' Base Fair Market Assessed Percent
Date Assesssed Value Factor Factor ValueValue(FMV) Value Chan e2
1/1/X1 Market Value when Purchased N/A N/A $300,000 $ 300,000 $ 300,000 N/A
1/1/X2 Annual 2%inflation applied 2.46% 2.00% 306;000 335,000 306,000 2.00%
1/1/X3 CCPI inflation rate applied 1.85% 2.00% 311,670 375,000 311,670 1.85%
I
1/1/X4 Declining Real Estate Market 2.10% 2.00% 317,904 290,000 290,000 -6.95%
1/1/X5 Slight Improvement in RE Market 4.37% 2.00% 324,262 300,000' 300,000 3.45%
1/1/X6 Drastic Improvement in RE Market 2.08% 2.00% 330,747 350,000 330,747 10.25%
1/1/X7 Annual 2%inflation applied 2.08% 2.00% 337,362 360,000 337,362 2.00%
1/1/X7 Home addition adds $50,000 N/A N/A 380,747 410,000 380,747 12.86%
to base value
1/1/X8 CCPI inflation rate applied 1.01% 2.00% 384,592 437,000 384,592 1.01%
1/1/X9 I Annual 2%inflation applied 2.76% 2.00% 392,284 450,000 392,284 2.00%
' Base Value is calculated on lessor of CCPI or Inflation Factor
2 Amount of Change from prior year assessment
The City receives various forms of property tax revenues each with its own distinct
issues and trends as follows:
Current Year Secured- Current secured revenues make up 66% of the City's property
tax revenues and are what most people think of when discussing property taxes.
Assessed values are established as of January 1 of each year and taxes are paid to the
Tax Collector in two installments, due by December 10 and April 10. As the County
receives the funds, they are then allocated and distributed to the various agencies,
including the City. Amounts levied but not collected by the County are distributed to the
City under the Teeter Plan at the end of the fiscal year.
Redevelopment Agency Pass-Through - The Redevelopment Agency receives 100% of
the tax increment over and above its base value. This net negative revenue reflects the
amount the City would have received if the RDA did not exist.
Property Tax in Lieu of Vehicle License Fees - This revenue source grew out of a state-
local budget agreement as part of the State 2004 budget package. Under this
162
ITEM NUMBER: C-3
DATE: 1/11/11
arrangement, the Vehicle License Fee (VLF) was reduced to Californians and the
reduction in city and county revenues was replaced with a like amount of property taxes.
Subsequent to the fiscal year 2004-2005 base year, the property tax in lieu of VLF
fluctuates in proportion to the gross assessed valuation in the City.
Current Year Unsecured- Unsecured property tax is collected on items such as mobile
homes that are not on a permanent foundation, machinery and equipment owned by
businesses, and personal property such as airplanes and watercraft. Unsecured roll
taxes are due by August 31.
Current Year Supplemental- This property tax is an extra assessment that occurs when
new construction is completed on real property or when a property changes ownership.
The assessed value of the property is then increased to the current market value as of
the date of the title transfer or completion of construction. Supplemental property tax is
the amount due on the difference between the pre-event assessed value and the new
market value of the property. Because there is a time lag between the change of
ownership or completion of construction and the actual change of assessed value to the
tax roll, supplemental property taxes are generally collected six months to a year or
more after the event.
WHAT IS THE CURRENT STATUS OF PROPERTY TAXES?
Fiscal Year 2010/2011 Tax Rolls
As stated above, property taxes are a function of assessed value and assessed value is
a function of the base year adjusted for inflation and/or the fair market value. The
2010/2011 property tax rolls included both: a) reduced assessments for a significant
number of properties due to declines in the fair market value, and b) a negative inflation
factor.
As of January 1, 2010, the fair market value of many properties in the City of
Atascadero had decreased below the base value adjusted by the inflation index. In
other words, people's homes had decreased in value below their 2009 assessed value.
Based on median home prices, the County Assessor determined that he would look at
all homes purchased since 2001. (Homes purchased prior to 2001 were likely to have
an assessed value which was still less than the fair market value.) Each home was
examined individually to determine if the market value of the home as of January 1 ,
2010 was less than the prior year assessed value adjusted for inflation. As a result of
this examination, the assessed values of many properties within the City were written
down. A comparison of an assessed value database for 2009 (2009/2010 tax roll)
versus the same database for 2010 (2010/2011 tax roll), shows that properties
representing approximately 30% of 2009 assessed value were written down to some
degree.
163
ITEM NUMBER: C-3
DATE: 1/11/11
Included in the
Movement of Assessed Property assessed value
Values reductions were
Assessed massive write downs
Value Increase Assessed
14i in the City's partially
Value completed housing
Reduction
3o°io developments. Many
of these developments
j have a substantial
number of properties
Inflation and accounted for a
Factor large part of the value
Reduction reduction.
56%
In addition to the write-
downs explained
aLr?ove, for the first time ever the California Consumer Price Index (CCPI), which is the
-3tatewide inflation factor used in property tax calculations, was negative. This means
the assessed value on properties not affected by fair market value adjustments,
vVere DECREASED by the negative inflation factor of -0.25%. Analysis of the database
shows the properties representing 56% of 2009 total assessed value were written down
by the negative inflation factor. In contrast, 14% of property values were increased due
to change in ownership or new construction.
✓mall, the net effect to the City's assessed value was a decrease of 2.4%. This was
the second consecutive decrease the City has seen. The City planned for this
decrease, and current secured property taxes are expected to come in as projected for
:-,cal year 2010/2011.
V1;AT ARE PROPERTY TAX REVENUES EXPECTED TO BE FOR THE NEXT 7
ARS?
4hen projecting out future property taxes revenues, staff tries to consider the factors
that go into assessed value:
How will foreclosures affect assessed values and the real estate market?
What will annual inflation factors look like?
How much new construction can we expect?
What will the real estate market look like?
, a will foreclosures affect assessed values and the real estate market?
year ago, when looking at real estate values, staff projected that the real estate
market would be flat, with continued sales at the low end of the residential market
64
ITEM NUMBER: C-3
DATE: 1/11/11
driving a low median home price, but a general steadying of home prices. Foreclosures
on individual homes were not expected to be as prevalent as other communities within
the state and by 2011/2012 it was expected that their effect would be offset by a very
slight strengthening of the real estate market.
Since last year's report, economists have proclaimed that the recession is over and we
began to see rebounds in our home prices throughout the State. In June 2010, Main
Street capital advisors stated that medium home prices in Southern California exhibited
strong double digit increases from the previous year and while San Luis Obispo County
did not see the 25% increases other Southern California counties were experiencing, it
did experience a healthy 15% increase over the previous year. It looked like property
tax projections for fiscal year 2011/2012 would be met or exceeded. j
Current (October 2010) median home price data, however, shows a completely different
picture. Median home prices have fallen from their spring rebound numbers and in fact
have fallen below the prices from the same time last year. San Luis Obispo County
median home prices are currently -$26,000 or -6.2% below where they were in January
of 2010. This is critical because it is expected to trigger yet another re-examination of
property values at a time when Atascadero was predicting a flattening of assessed
values.
Gap Between Current Sales and Lien Date 2010
_..Median Price —Lien Cate 2009 —Lien 1) 2t}10
500000 -
450000
r
400000
I
350000 -
300000
''50000
a p ��' `{
165
ITEM NUMBER: C-3
DATE: 1/11/11
Xi-7at will annual inflation factors look like?
stated before, assessed values are also a function of the inflation factor.
Discussions with the County Assessor's Office indicated that the final adjustment factor
not yet been released to them, but that it is currently estimated at a positive 0.75%
it positive 3/4 of 1 percent. While this is not the 2% inflation factor that has been
experienced in the past, it is a positive step and will somewhat offset the reductions in
assessed value due to reduced market value.
The inflation factor is set by the State Board of Equalization each year and is consistent
for all counties in the state. For future years, staff looked to the LAO for statewide
;predictions on CPI and adjusted those figures to fit with the Council's conservative fiscal
policies.
Projected Consumer Price Index
As Projected by the State LAO on 1 1/10/10
Estimated Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted
2010 2011 2012 2013 2014 2015 2016
1.6 1.6 1.9 2.0 2.1 2.1 2.1
How much new construction can we expect?
New construction is projected to have little if any impact on property tax revenues. The
ommunity Development Department is starting to see some movement in residential
Drmits. This is good news and is a glimmer of hope as units start coming out of
;)ankruptcy processes and are now in the hands of developers ready to test out the
market with a few units. Staff estimates there have been less than 10 new home
permits issued during the year, but as these "test" homes sell, there is hope that more
will follow.
What will the real estate market look like?
r`:;tivity in the real estate market is expected to remain suppressed for the near future.
eal estate prices are projected to be relatively flat through 2012/2013, with slight
increases beginning in 2013/2014. New construction is expected to pick up slowly in
}[-.D coming years.
Assumptions that went into the projected property tax revenues were as follows:
• 2010/2011- Assumed that Current Secured, Redevelopment Agency Pass-
Through, and Property Tax in Lieu of Vehicle License Fees are equal to the
amounts estimated by the County Auditor's Office in their letter dated September
17, 2010. Current Year Supplemental revenues are expected to be minimal and
Current Unsecured revenues are expected to come in at budgeted levels.
166
ITEM NUMBER: C - 3
DATE: 1/11/11
• 2011/2012- Assessed values for properties purchased prior to 2001 are assumed
to be adjusted upward by a positive 0.75% inflation factor. Properties purchased
from 2001 to 2010 are assumed to receive a negative 6% Proposition 8
adjustment to their assessed value. Assume a slight increase in Current Year
Supplemental revenue. Unsecured rolls are assumed to remain flat. All of this
will result in a reduction from the prior year of over $240,000 in property tax
revenues.
• 2012/2013- Assumes that real estate prices are relatively flat and that a positive
inflation factor of 1 .7% is applied to all properties. Also assumes that there is
some new construction that will offset any lingering Proposition 8 adjustments.
Other property taxes will remain relatively flat. A slight increase in supplemental
rolls is expected due to an expected movement (albeit slow) in construction
projects.
• 2013/2014- Assumes a 2% inflation factor, and a very small assessed value
adjustment upward for those properties with Proposition 8 adjustments in
2009/2010. Current secured rolls are increased by 3.0% and stronger growth in
supplemental rolls, but still well below 2008/2009 levels.
• 2014/2015- Assumes a 2% inflation factor with another bump up for properties
written down due to Proposition 8 adjustments. Assumes some amount of
growth due to new construction. Current secured rolls are increased by 3.5%
and supplemental rolls recover to the $250,000 annual revenue level.
• 2015/2016- Assumes a 2% inflation factor with a much stronger adjustment for
increases in fair market value of homes with remaining Proposition 8
adjustments. New construction recovers to levels seen in the late 1990's and
overall assessed values increase by 4.3%. As homes move, supplemental rolls
continue to increase.
• 2016/2017- Assumes a 2% inflation factor with a continued strong adjustment for
increases in fair market value of homes with remaining Proposition 8
adjustments. New construction continues to recover and overall assessed
values increase by 5.0%.
167
ITEM NUMBER: C-3
DATE: 1/11/11
PROJECTED PROPERTY TAX REVENUES
As of December 22, 2010
Actual Estimated Estimated Estimated" Estimated Estimated Estimated Estimated
2009/2010 2010/2011 2011/2012 2012/2013 -2013/2014 2014/2015 2015/2016 2016/2017
r .,om Secured,
D/' &VLF $7,003,657 $6.881,280 $6,606.020 $6,738.140 $6,940,290 $7,183.200 $7,492,070 $7,866,660
vizier Property
Taxes $ 229,906 162,990 197,990 249,270 335,560 379,480 453,510 457,670
Total $7,233,563 $7,044,270 1$6,804,010 $6,987,410 $7,275,850 $7,562.680 $7,945,580 $8,324,330
-2.6% -3.4% 2.7% 4.1% 3.9% 5.1% 4.8%
Property Taxes
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000 _..._ ..
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16&
ITEM NUMBER: C-3
DATE: 1/11/11
SALES TAX REVENUE
The City of Atascadero currently receives 15% - 20% of its general fund revenues from
sales and use tax based revenues.
WHAT ARE SALES AND USE TAXES?
Under the California Sales and Use Tax Law, the sale of tangible personal property is
subject to sales or use tax unless exempt or otherwise excluded. Sales tax is imposed
on all retailers for the privilege of selling tangible personal property and is measured by
the retailer's gross receipts. Use tax is imposed on the purchaser of tangible personal
property from any retailer for storage, use or other consumption in California. The base
sales tax rate in California is 8.25% and is made up of the following:
Rate Jurisdiction "Purpose Authority
4.75% State Goes to State's General Fund R &T 6051, 6201
0.25% State Goes to State's General Fund R &T 6051.3, 6201.3(Inoperative 1/1/01 —
12/31/01
1.00% State Goes to State's General Fund R &T 6051.7, 6201.7(Operative 4/1/09-
6/30/11)
0.25% State Goes Towards State's Fiscal Recovery Fund, R &T 6051.5, 6201.5(Operative 7/1/04)
to pay off Economic Recovery Bonds (2004) ("Triple Flip")
0.50% State Goes to Local Public safety Fund to support Section 35, Article XIII, State Constitution
local criminal justice activities 1993
0.50% State Goes to Local Revenue Fund to support local R &T 6051.2, 6201.2
health and social services programs (1991
Reafi nment
1.00% Local 0.25%Goes to county transportation funds R&T 7203.1
0.75%Goes to city and county operations R&T 7203.1 (Reduced from 1.00%to
0.75%on 7/1/04 as part of "Triple Flip")
8.25%1 State/Local Total Statewide Base Sales and Use Tax Rate
Local jurisdictions may adopt an additional use tax such as the 0.5% sales tax passed
by the cities of San Luis Obispo and Grover Beach. These funds go directly to the city
and are not shared with the State. The City of Atascadero does not have any of these
additional use taxes and customers within the City pay the State base tax rate of 8.25%.
Sales and Use Tax revenues for the City are made up of two separate and distinct
components: Sales Tax and Sales Tax in Lieu. As the chart above shows, the City
receives 0.75% in sales tax on each taxable transaction that occurs in the City of
Atascadero. (This is the Sales Tax component.) Prior to July 1 , 2004, the City received
1 .00% in sales tax, however in 2004, the State Legislature adopted the "Triple Flip"
legislation which in essence reduced the City's sales tax revenue by 0.25% and gave a
Sales Tax in Lieu component. Sales Tax in Lieu funds are taken from the County's
ERAF funds (property taxes) and distributed to the City. Although these funds are
property taxes, the amount is based on sales tax figures and State accounting
guidelines require the City to report them under sales and use taxes.
169
ITEM NUMBER: C-3
DATE: 1/11/11
Sales Tax is
6 SALES TAX DISTRIBUTION CALENDER distributed to the
April -June 2010 Sales City by the State
Date Amount Receipt Description In monthly
06/25/10 $ 142,600.00 30% of the estimated sales tax for April-June installments
07/14/10 $ 142,600.00 30% of the estimated sales tax for April-June
08/25/10 $ 190,200.00 40% of the estimated sales tax April -June which lag
09/24/10 $ 59,563.03 Positi\,e or negative adjustment for the significantly
difference between the actual sales tax for behind the period
April-June and the amounts distributed in in which the sales
June -August occur. This chart
$ 534,963.03 Total Sales Tax April -June illustrates
payments that the
City received for
t[le second calendar quarter of 2010 (April — June). The monthly payments are
beneficial to cash flow, but until the end of payment period (in this case late
September), the payments are a reflection of statewide formulas and not necessarily a
reflection of the City's actual sales.
Sales Tax In Lieu Funds are distributed twice annually and lag even further behind,
since they are based entirely on state estimates until the following fiscal year. Each year
the State estimates the amount of taxable sales in the City for the upcoming year and
multiplies that
figure by 0.25%. SALES TAX IN LIEU DISTRIBUTION CALENDER
The amount is Fiscal Year 2009/2010
then forwarded to Date Amount Receipt Description
the County for 01/10/10 $ 351,074.00 50%0 of the estimated sales tax for April 2008
distribution in 2 March 2009
equal payments 05/10/09 $ 351,074.00 50% of the estimated sales tax for April 2008-
in January and March 2009
May. The 01/10/11 $ (13,116.00) 50% of the positive or negative adjustment
05/10/10 $ (13,116.00) amount for the difference between actual sales
following year, and the amount pre\hously distributed
the State
compares the $ 675,916.00 ITotal Sales Tax in Lieu Fiscal Year 2009/2010
amount of Sales
Tax in Lieu distributed to the city to the 0.25% of actual taxable sales within the City.
-he following year's distribution is adjusted upward or downward accordingly by the
Difference.
WHAT IS THE CURRENT STATUS OF SALES TAX REVENUES?
Representatives from the City's sales tax consulting firm, The HdL Companies, visited
the City in early November to go over sales tax information for the April - June quarter.
Overall, the state experienced a 4.7% growth in sales tax revenues on an adjusted
basis compared to the same quarter in 2009, however the comparison was against a
quarter that was 18.4% below the same quarter in 2008. HDL commented:
17G
ITEM NUMBER: C -3
DATE: 1/11/11
"It's official. The recession is over. The National Bureau of Economic Research
has announced that the recession ended in June of 2009. Technically this
means that economic indicators show that the economy has finally bottomed out.
It does not mean that a recovery has occurred."
The chart provided by HDL in
I CALIFORNIA SALES TAX November shows that while most of
I GROWTH IN SECOND QUARTER 2010
State enjoyed
AS COMPARED TO SECOND QUARTER
2 2009 theSttpositive sales tax
Reve°ue�n,4iarismsAdwateoivr�-oonaic Deta growth for QE June 2010, San Luis
Obispo County was lagging behind
°L the rest of the State and was still in
the sales tax doldrums. Atascadero
�^ LEGEND was not an exception and sales for
■ —1.6 d a�.
the second quarter of 2010 came in
as projected at 1 .5% below the same
_ quarter of the previous year.
104 to 9.9
■-SOk and trelew
_ Yn
.qrH
The City received its final third quarter
sales tax payment in late December.
M` Sales tax receipts for the 3' quarter
of 2010 were 10% or $50,000 higher
than the same quarter last year.
While detailed information for the 3`d
quarter of 2010 (July-September of
2010) is not yet available, preliminary
conversations with HDL indicate that
sales in the County were up overall
and that higher gas prices drove a
large part of the uptick.
The City's sales tax base has been hit hard in the last few years with the loss of large
sales tax producing outlets such as Atascadero Ford and Ted Miles Jeep. These
closures were combined with opening of Lowe's in Paso Robles and a large decline in
building and construction sales bringing 2009/2010 sales tax levels to $2.7 million from
a high of $4.2 million in 2005/2006. The good news is that most of these large hits to
the sales tax base have worked their way through the system and the remaining sales
tax base appears to be solid.
Building and construction continues to be the City's largest sales tax sector. Statewide,
HdL is not predicting any recovery in this sector until 2011/2012 and then is only
predicting a modest 1 .5% growth. General consumer goods, food and drugs, and
restaurants and hotels are expected to experience modest growth ranging from 0.5% -
2.5% over the next two years. The autos and transportation sector is rebounding nicely
with expected growth of 4.5% for 2010/2011 and 6.0% for 2011/2012. Unfortunately for
the City, this once significant sector of sales tax revenue has dwindled with the closure
of the Ford and Jeep dealerships. Because of the already significant losses in this
171
ITEM NUMBER: C-3
DATE: 1/11/11
sector, it is expected that future fluctuations in this sector will not have material affects
on sales tax revenues.
WHAT ARE SALES TAX REVENUES EXPECTED TO BE FOR THE NEXT 7 YEARS?
Sales tax is arguably the most volatile of the major revenues and is therefore the
hardest to project in the seven-year revenue projection. When looked at as a whole,
sales tax is closely tied to state and national indicators such as consumer confidence,
availability of money, savings rates and other trend projections. It can be assumed that
a portion of the City's sales tax may follow State projected trends. The Legislative
Analyst Office's California Fiscal Outlook: The 2011-12 Budget states:
"Taxable sales in California
appear to have hit bottom California State Taxable Sales Growth as
in the second half of 2009, discussed inthe Legislative Analyst Office's
and are bouncing back." 10.0% California Fiscal Outlook:The 2010-11 Bud et
"It appears there has been 5.0%
a long-term trend toward
lower taxable sales, 0.0%
relative to personal 2011 2012 2013 2014 2015
income, which has been -5.0%
influenced by: (1) the
major recessions of the -10-o%
early 1990s and 2007-
2009; (2) a trend toward -15.0%
more consumption of
nontaxable services and -2o.oi
other products (such as
those purchased online, for which the collection of sales and use tax is more
difficult); and (3) increased household savings, particularly in the last few years."
Indeed, the City has been experiencing a downward trend in sales tax revenues since
2003/2004. Much of this can be linked to the loss of major auto dealerships, consumer
confidence and purchasing patterns, and the steep economic downturn.
s r�e chart on the next page indicates that sales tax has dropped over 27% since fiscal
��ar 2002/2003 and that current sales tax levels are at the 1999/2000 levels.
The most critical component of the projections must be: what is the unique business mix
here in Atascadero and the Central Coast? Which businesses are building? Which are
closing? Which sectors are strong in Atascadero? Where are competitors opening?
Alhat are local businesses expecting? What are the trends in businesses here in
Atascadero?
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ITEM NUMBER: C-3
DATE: 1/11/11
In order to update the sales tax projections for
SALES TAX HISTORICAL the next few years, staff met with HdL sales
INFORMATION tax experts, looked at projections from the
% increase/ LAOs office, discussed building trends, and
Sales Tax* I (Decrease) looked at the expected effects of Council's
1986/87 1,249,744 - current economic development policies and
1987/88 1,390,245 11% strategies. Staff believes that there will be a
1988/89 1,525,468 10% soft 1.5% overall growth through 2010/2011 ,
1989/90 1,802,531 18% and a gradual increase to 3.5% through
1990/91 1,781,580 -1% 2013/2014. Projected growth is expected to
1991/92 1,735,019 -3% hit a high of 4% annually for the last three
1992/93 1,838,041 6% years of the forecast period.
1993/94 1,790,118 -3%
1994/95 1,911,413 7% Assumptions that went Into the projected
1995/96 2,152,371 13%
1996/97 2,107,947 -2% sales tax revenues were as follows:
1997/98 2,354,859 12%
1998/99 2,364,647 0% • 2010/2011- More conservative
1999/00 2,721,805 15% estimate than State and HdL due to high
2000/01 3,020,604 11
2001/02 3,441,717 14% reliance on building and construction: 1.5%
2002/03 3,682,751 7% overall growth projection due mainly to higher
2003/04 3,501,198 -5% gas prices In the 3rd quarter. Projection
2004/05 3,502,730 0% includes a downward adjustment for the final
2005/06 4,187,215 20%
2006/07 3,839,895 -8% quarter of the effect from Lowe's opening in
2007/08 3,534,832 -8% Paso Robles and a slight positive adjustment
2008/09 3,003,357 -15% for one quarter of Colony Square.
2009/10 2,681,441 -11% • 2011/2012- Much more conservative
than State's 7% estimate: 3.5% overall
*For consistency with figures prior to the growth projection with positive adjustments
triple flip, the adjustment for sales tax in for the addition of Colony Square and an
lieu is reported in the fiscal year in assumed tenant at the Old Rite Aid site.
which the underlying sale took place.
• 2012/2013- Much more conservative
than State estimate of 9%: Projected overall growth of 3.5% with positive
adjustments for an aggressive economic development campaign including
potential tenants at the Old Ford site, La Plaza site and others. Includes one
quarter of Wal-Mart sales.
• 2013/2014- More conservative than State estimate of 5%: Projected overall
growth of 3.5% with positive adjustments for three quarters of Wal-Mart and
outbuildings.
• 2014/2015- Projected overall growth of 4.0%.
• 2015/2016- Projected overall growth of 4.0%.
• 2016/2017- Projected overall growth of 4.0%.
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ITEM NUMBER: C -3
DATE: 1/11/11
PROJECTED SALES TAX REVENUES
As of December 27, 2010
Actual Estimated Estimated Estimated Estimated Estimated Estimated Estimated
2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017
Sales Tax $1,999,478 $2,179,200 $2,208,850 $2,317,610 $2,784,990 $2,940,060 $3,057,660 $3,179,970
Sales Tax In Lieu 584,420 692,160 737,340 776,180 934,080 986,460 1,026,190 1,067,510
Total $2,583,898 $2,871,360 $2,946,190 $3,093,790 $3,719,070 $3,926,520 $4,083.850 $4,247,480
As with all projections, these assumptions are based on the information, policies and
actions that are in place today. Changes in Council or State policies and/or additional
information could and should adjust these projections. Staff will continue to monitor and
update projections as things evolve.
Sales Tax Projections
i
j $4,500,000
$4,000,000
� $3,500,000
0
$3,000,000
$2,500,000 .
$2,000,000
$1,500,000 "
I
$1,000,000
i
$500,000 t 9
s s
ti� ti� do ti� ti� ti� ti� ti° ti° ti° ti° ti° ti° ti° ti° ti°
i
3
174
ITEM NUMBER: C -3
DATE: 1/11/11
PERSONNEL AND LABOR COSTS
WHAT ARE LABOR COSTS?
Because the City is a service organization, the largest portion of General Fund
Expenditures is dedicated
to the cost of employee Average Expenditures by Category
services. In fact 74% of 2009-2011
Operations
general fund expenditures 26% Capital and Special
go directly toward the cost Projects
of employee services and -
another 3% of expenditures
reported as operations go
toward the cost of employee
services in other funds. t
This means that over 3/4 of Employee Services
74',a —__.._----
General Fund expenditures
are for labor costs. It is
critical that the significance of this component to the budget is well understood.
Employees are grouped into six different categories or bargaining units. (Atascadero
Police Association, Atascadero Firefighters Bargaining Unit, Local 620 Service
Employees International Union, Mid-Management / Professional Employees, Non-
Represented Professional and Management Workers and Confidential Employees,
Non-Represented Part-time employees.) Salaries and benefits for each of the four
represented bargaining units are set forth in Memorandums of Understanding (MOUs).
Pay and benefits for Management and Confidential employees are governed by a
resolution of the Council and pay for part-time employees are governed by
administrative policy.
The following are the general categories of labor cost that are found in the City's
budget:
• Salaries- This base pay figure for full-time City employees represents 60% of the
City's total labor costs.
• Wages- This is the pay for part-time or hourly employees such as scorekeepers,
lifeguards and fire reserves. (3%)
• Overtime- This represents the amount paid in overtime to both full-time and part-
time personnel. (6%)
• Other Pay- This category includes amounts paid to employees for items other
than base pay. Items charged to this category include stand-by pay, holiday pay-
off, uniform allowance, pay-off of vacation upon leaving the City and other similar
pay types. (2%)
• Benefits, Taxes and Insurance- This category is made up of the following:
175
ITEM NUMBER: C -3
DATE: 1111111
c Health Benefits- Each full-time employee receives health benefits upon
employment. The City contributes varying amounts towards medical
insurance, dental insurance, vision insurance and life insurance. The
amounts vary between bargaining units and whether coverage is for the
employee only, the employee plus one dependent or for the employee and
his/her family. Employees who were hired prior to September 1, 2000 are
entitled to a "medical payback" stipend if they elect employee only
coverage. The stipends range from $240.56 - $319.53 per month.
Current MOUs require the City to pick up 100% of the increased health
benefits cost for the employee and 50% of the increased cost for
dependents annually. (9%)
o Retirement- The City and City employees do not contribute to social
security and are therefore required to participate in another retirement
program. For part-time employees who work less than 1000 hours per
year, the City contributes 5% to a FICA Substitute / Defined Contribution
plan. For full-
time employees PERS Contribution Rates
and part-time Fiscal Year 2010/2011
employees who
work more than City Employee
1000 hours a Contribution Contribution
year, the City Full Time
participates in Sworn Personnel 33.907% 0.000%
Full Time
CaIPERS. Non-Sworn Personnel 1 19.092% 2.150%
Sworn safety PartTime
personnel have Non-Sworn Personnel 13.242% 8.000%
the 3% at 50
plan and non-sworn personnel participate in a 2.5% at 55 plan. This is a
defined benefit plan which means that the City is guaranteeing the benefit
that the employee will receive upon retirement (in the case of sworn
personnel 3% of the highest year's salary for each year of service the
employee has upon retirement at age 50 or older). Contribution rates for
this benefit change annually based on actuarial studies performed by
PERS. (17%)
o Medicare- The City contributes 1.45% of pay to Medicare.
o Workers Compensation- The City participates in CJPIA for workers'
compensation coverage. Cost of workers' compensation coverage is a
formula based on payroll, the City's loss experience and the overall loss
experience of CJPIA. (2%)
o Unemployment- the City is self-insured for unemployment through the
Employment Development Department. The EDD bills the City quarterly
17r
ITEM NUMBER: C - 3
DATE: 1/11/11
for actual unemployment benefits paid to former employees. Due to
layoffs and the economic climate, the City significantly increased its
annual budget for unemployment. (0.5%)
o Other Benefits- There are other minor benefits afforded to employees
such as the education reimbursement program and deferred
compensation plan. (<0.5%)
Payroll is not just a function of salary and benefit amounts, but is also a function of the
number of employees. The current budget includes funding for 122 full-time employees;
however since July 1, 2009 the City has chilled five positions bringing the total to 117
full-time employees. With a few exceptions, part-time employees are budgeted with a
lump sum dollar amount, rather than the number of employees. In fiscal year
2009/2010, 76 part-time employees worked over 31,000 hours or the equivalent of 15
full-time employees.
WHAT IS THE CURRENT STATUS OF LABOR?
Because of the severity of the economic crisis, the City has been aggressive in chilling
vacant positions as they arise. As stated above, the City has chilled five positions since
adoption of the budget, causing significant projected savings in labor costs; however,
the potential to chill additional positions has been greatly diminished as staff resources
are stretched beyond their limits in most departments.
The City was able to execute additional one-year agreements with all four of the
bargaining units (SEILI, Police, Fire and Mid-Management) last year. These
agreements called for a 0% salary increase for fiscal year 2010/2011 and they all expire
on June 30, 2011.
In June of 2009, Council adopted a two-year resolution for Management/Confidential
that called for a temporary 3% reduction in Executive Management's salaries and a 0%
salary change for other covered employees. The resolution expires on June 30, 2011.
Issues surrounding the cost of living increases, MOLls, salary agreements and the labor
force are complex and critical to the ongoing health of the organization. These issues
will be discussed thoroughly in the Labor section of the Council's Strategic Planning.
WHAT ARE LABOR COSTS EXPECTED TO BE FOR THE NEXT SEVEN YEARS?
In order to project labor costs, a spreadsheet was developed which details salary and
benefits for each employee. Every employee's expected labor costs were developed for
each of the seven years. Step increases and other expected pay changes as an
employee moves through his/her career were built into the projections.
177
ITEM NUMBER: C -3
DATE: 1/11111
The projections do not include a cost of
living salary increase in any of the fiscal
Annual Cost of 1% Salary Increase years. As the chart on the left shows, a
Fiscal Year 2011/2012 one percent cost of living salary
Cost of 1% increase for the current employees
ii $ 37,650 would amount to almost $120,000 of
i Fire . 26,800 additional ongoing costs annually.
S E l 1.1 24,700
Management 4,000 While the projections do not include cost
1v anagement and Confidential 26,400 of living adjustments or other salary
Total $ 119,550 increases (other than step increases) It
_ does include significant additional costs
foi current benefits. There are three developments in CalPERS that have, or have the
nr '. Mtial to significantly affect our annual CalPERS rates bringing our annual costs from
R. .., ec.timated $2.1 million in fiscal year 2010/2011 to an estimated $3.3 million by
2016/2017.
1. 2008/2009 Return on Investment
The first driver in our large expected rate change has been discussed in previous
reports to Council. While CalPERS assumes that it will earn 7.75% on its
investments, in 2008/2009 CalPERS experienced a negative 24% return on its
2596
20% _
9.5
A.6-.79.0%0.
15.70 - 3^ 16.6%
1 5% 14.5% 15 3% 2.3
2.5% 2.5%
9�
10. %
I 6.5
S X,
3.7-1-
.11-- 02-0
%
20%
O% -_--88489 69-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00 0-01 O1-O 02-03 03-04 04-0 09
-6.1%
2 0
-1 O
-15
-20`X,
215
-24.0
investments. This unprecedented -31.75% swing caused the CalPERS board to
adjust their funding methodology. The board decided to separate out the
2008/2009 loss and amortize this loss separately over the 30 years beginning in
2011/2012. The significant increases in PERS rates due to the loss are being
phased in through 2014/2015.
2. New Actuarial Assumptions
On December 7, 2010 CalPERS announced the expected effect on employer
rates of its new actuarial assumptions. CalPERS completed a study of the last
ten years of actual experience and as a result of that study adopted new actuarial
17 8
ITEM NUMBER: C -3
DATE: 1/11/11
assumptions. The assumptions increased the life expectancy for all classes of
employees, reduced the expected age at which employees retire, and increased
the assumed average salary increases that an employee will experience over their
employment in the CaIPERS system. These changes are expected to increase
our PERS rates by 1%-2.5% of payroll for miscellaneous employees and 2%-3%
of payroll for safety plans.
3. New Asset Allocation Plan and Its Effect on the Assumed Investment Return
CalPERS has historically assumed a 7.75% average rate of return on its
investments. In November of 2010, CaIPERS held an Asset Modeling workshop
to determine what mix of investments it should hold. As a result of the workshop,
a new asset allocation plan was developed with a new lower expected rate of
return. Based on the outcome of the workshop it is likely that the assumed
investment return will be dropped to 7.5% instead of the current 7.75%. The
CaIPERS board will be voting on this in February. If approved, the expected
increase of 1.5%-3.0% of payroll for miscellaneous plans and 3% to 5% of payroll
for safety plans would take effect in fiscal year 2012/2013.
The cumulative Potentia lChanaestoYour Employer Rates
effect of these Combined Effect on Employer Rates
three changes is (as a Percentage of Payroll)
shown in the
Fiscal Year Typical Typical
CaIPERS chart to Miscellaneous Plan safety Pian
the right. It Is 2011-12 1.5%to 3.5% 3%to 5%
assumed that all (Combined impact of part 1 of 3 year phase-in
three changes will and new demographic assumptions)
2012-13 2%to 3.5% 4%to 6%
take place and I
these Increased (Combined impact of part 2 of 3 year phase-in
and impact of potential lowering of discount rate
0
PERS rates have to 7.5ro)
been 2013-14 1.5%to22% 2.9%to3.7%
Incorporated Into (Impact of part 3 of 3 year phase in)
the future _
expenditure ` `
projections. For
more information on future changes to CaIPERS rates, the December 7, 2010
webinar by PERS can be found on the PERS website at
http://www.calpers.ca.gov/index.jsp?bc=/employer/video/view/potential-
changes.xml
A less significant, but still costly increase, included in labor projections is the
increase for health insurance. It is expected that the City will be increasing its
179
ITEM NUMBER: C - 3
DATE: 1/11/11
annual contribution for health insurance from $1.3 million in 2010/2011 to $1.9
million in 2016/2017.
?ptions that went into the projected labor costs were as follows:
E 2010/2011- Assumes that the current 5 chilled positions remain chilled
throughout the remainder of the fiscal year and in fact throughout the projection
period. Benefit rates are projected at actual percentages.
• 2011/2012- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
Assumes medical insurance costs increase by 5%, workers compensation and
unemployment remain flat, PERS rates for non-sworn employees increase by
3.1% and PERS rates for sworn safety employees increase by 5.2%. (PERS
rates equal the set PERS rates for 2011/2012 provided to the City in their most
recent PERS actuarial report.)
2012/2013- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
Assumes medical insurance costs increase by 6%, workers compensation
remains flat, unemployment rates begin to decrease, PERS rates for non-sworn
employees increase by 3.35% and PERS rates for sworn safety employees
increase by 6.2%. (PERS rates equal the estimated rates for 2012/2013 provided
to the City in their most recent PERS actuarial report plus the effect of the
expected change in the asset allocation plan)
• 2013/2014- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
Assumes medical insurance costs increase by 6%, workers compensation
remains flat, unemployment rates continue to decrease, PERS rates for non-
sworn employees increase by 2% and PERS rates for sworn safety employees
increase by 3.7%.
• 2014/2015- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
Assumes medical insurance costs increase by 6%, workers compensation
remains flat, unemployment rates remain flat, and PERS rates stabilize for both
sworn and non-sworn employees.
2015/2016- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
Assumes medical insurance costs increase by 6%, workers compensation
remains flat, unemployment rates remain flat, and PERS rates for both sworn
and non-sworn employees remain flat.
2016/2017- Assumes that current employees remain in place, step increases are
given to eligible employees, and there are no cost of living salary increases.
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ITEM NUMBER: C -3
DATE: 1/11111
Assumes medical insurance costs increase by 6%, workers compensation
remains flat, unemployment rates remain, PERS rates remain flat.
PROJECTED LABOR COSTS
As of December 27,2010
Actual Estimated Estimated Estimated Estimated Estimated Estimated Estimated
2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 1 2015/2016 2016/2017
Employee
Services $12.013.130 $12,079.666 $13.085.986 $13,578,491 $13.924.107 $14,046,232 $14,228,093 $14.329.313
STATE BUDGET CHALLENGE
WHAT IS THE STATE BUDGET CHALLENGE?
City revenues come from a variety of sources, not the least of which is the State. The
City receives directly or indirectly through the State finance office the City's property tax,
sales tax, vehicle license fees, gas tax revenue, mandated cost reimbursements,
P.O.S.T. police training funding, and a variety of grants, among other revenues. The
concern comes in as the State threatens to use local government as its unwilling
bankers. Beginning with ERAF I back in the early 1990's, the State has been
shameless with its desire to balance the State budget on the backs of local government.
Politics plays a big role in this, of course. State legislators often find it is easier to use a
little of the money intended for cities than to cut programs critical to their constituents, or
to raise additional taxes. For over a decade, this proved to be an effective strategy from
the perspective of the State, and one that wasn't met with all too much opposition.
Cities, counties and special districts finally became wise to the State's tactics and
formed coalitions to lobby against such actions. Community members agreed with their
local governments, and approved Proposition 1A in 2004 and Proposition 22 in 2010.
Both of these Propositions limit the State's authority to reduce, eliminate, redirect, shift,
take or borrow local funds. The funds of both the City and Redevelopment Agency are
constitutionally protected under these Propositions.
WHAT IS THE CURRENT STATUS OF THE STATE BUDGET CHALLENGE?
The State is in a terrible budget mess and it would be naive to believe the local
governments are now insulated from negative effects of the State's budget crisis. The
State's Legislative Analyst's Office (LAO) forecasts a General Fund budget problem of
$25.4 billion will need to be addressed before the Legislature enacts the 2011-2012
budget. The LAO forecasts a drop in minimum school funding of $2 billion between
2010-2011 and 2011-2012, at the same time that the school districts are exhausting the
last of billions of dollars of one-time federal funding. It is not surprising that the
California Teachers' Association is leading the charge to repeal Proposition 22, which
could allow the State to shift local government funding to the schools.
181
ITEM NUMBER: C -3
DATE: 1/11/11
r e LAO forecasts a budget shortfall of
oughly $20 billion annually through State Budget as forecasted by the State
2015-2016. As ugly as that sounds, the Legislative Analyst's Office
'_AO believes its projections are likely Huge Operating Shortfalls Projected
understated because they do not Throughout Forecast Period
consider inflationary increases nor the General Fund(in Billions)
massive unfunded liabilities, currently $°
estimated at $136 billion, that are
accruing for state employees, teachers, 5
and university employees. 10
Closing the deficit will mean -15
unavoidable and painful sacrifice. While
-.ha Propositions protecting local funding 20
are certainly a major victory, they don't -25 ■Annual Oparating Shortfall
insulate the City from all of the ill effects. ❑ Carry in Deficit From 2010-11
The State's fiscal crisis will trickle down -30
to the City in the form of additional 2011-12 2012-13 2°1314 2014-15 2015-16
services, additional needs of the
community and community organizations, and financial pressures from other
overn mental agencies. The City's cost of these is difficult to determine.
WHAT IS EXPECTED OF THE STATE IN THE NEXT SEVERAL YEARS?
The Analyst indicates that the solution to balance the budget should begin now and
should include a multi-year approach with both permanent and temporary solutions in
?ach year. The LAO believes this will be a difficult process for today's Californians, but
will improve the fiscal footing for future Californians. The LAO expects the both the
State and national economies to continue to recover slowly and sluggishly in the coming
years.
It is impossible to predict to what lengths the Legislature might go to close the State's
$25.4 billion gap. Many illegal plans, gimmicks, and shell games have been played
;ver the years in efforts to avoid the tough decisions. It is obvious with the size and
length of the State's projected deficits, hard decisions and long-lasting solutions should
be part of the plan. The best way for the City to prepare for this unknown future is to
ecus on Council goals of economic development and fiscal stability.
<?s the organization continues to follow the Council's strategic plan of running lean
operations and using calculated reserves, Atascadero will continue to maintain itself in a
healthy fiscal position, and will have the ability to anticipate and react to the information
that comes forward. As new developments occur at the State level, staff will continue to
keep Council informed and ready to make decisions that are in the best interests of the
community.
18"
ITEM NUMBER: C - 3
DATE: 1/11111
RESERVES
WHAT ARE RESERVES?
The term reserves is used quite universally in governmental finance. There are different
types of reserves, different purposes, and different legal restrictions on them.
Essentially, they are the collective amount of revenues in excess of expenses, or similar
to what a business might term retained earnings. Typically, the General Fund reserves
are the most carefully monitored as these are the most flexible and discretionary of all
the funds. In a pinch, however, there are reserves in other City funds that could legally
be tapped into if the City found it necessary.
General Fund reserves are often thought to be one indicator of the fiscal stability of an
organization. In the early 1990's, the City of Atascadero had a negative General Fund
balance, forcing layoffs and service reductions in order to weather the storm. In fiscal
year 1995, the collapse of the Orange County Investment Pool hit the City and the
General Fund reserves fell to an all time low of $-790,360. At that time, the City's audit
carried a going concern: in other words, the City's finances were so bad that there was
a serious question of ongoing solvency. Around 1998, as the economy was starting to
turn around, Council adopted a fiscally conservative reserve policy and began to
aggressively go about building reserves in order to avoid history repeating itself.
WHAT IS THE CURRENT STATUS OF RESERVES?
The City first adopted a Financial Financial Strategy
Strategy in 1998 and the results of
having such a plan are clear. Over the15M
years, the overall strategy has
z _ �
consistently been to maintain a -
conservative outlook by putting aside o � _..--`�
reserves in good times and then using
those reserves during down periods to
achieve stable operations. By employing E
this cautious strategy in the past, the _ Years
Expenses Revenues
City is now weathering the current valley
in revenue fluctuations, with the ablility
to maintain services and ensure the
City's long-term financial viability.
As of June 30, 2010, the General Fund reserve balance was just over $7.5 million.
During the 2009-2011 budget process, Council was supportive of budgeting $1 million in
reserves annually to close the gap between projected revenues and expenses. The
City was successful in cutting additional expenses and used only $0.7 million of the
allocated $1 million of reserves in fiscal year 2009/2010. That puts the City in a slightly
better fiscal position than previously expected.
183
ITEM NUMBER: C -3
DATE: 1/11/11
11114A T ARE RESERVES EXPECTED TO BE FOR THE NEXT 7 YEARS?
°r early 2006, staff performed a thorough analysis of the City's reserve levels. That was
-_:ring the "good times" and funds were building in the reserve accounts. The Council
evaluated a series of factors in order to determine the appropriate level of reserves.
Although the City is now on the bottom of that revenue curve instead of the top, the
factors considered back in 2006 continue to be equally as important to evaluate today.
The current estimates assume that the national, state and local economies will recover
slowly. As indicated above in previous sections of this report, the first cursory estimates
of the next seven years indicate that if no changes are made to the estimated level of
revenues and expenditures, an amount in excess of $1 million in reserves annually will
be necessary to sustain current service levels. Since the 1998 Council first adopted the
discal Strategy, succeeding Councils have shown support for it. Again last budget
cycle, the Council was supportive of using $1 million in reserves annually.
Each budget cycle, Council determines the appropriate level of reserves based on
relevant factors, including the following.
How reliable is the tax base?
This factor is really two-fold: how broad is the tax base and how susceptible is it to
fluctuations in the economy? In other words, are the eggs all in one basket, and how
fragile are the eggs? Property tax revenues are about 45% - 50% of total General Fund
revenues. Sales tax is around 15% - 20% of total General Fund revenues. Together,
:hese two revenue streams can make up 70% of General Fund revenues. The tax base
is not very broad. Fluctuations in either or both of these sources have a big impact of
'the bottom line. Additionally, the more the economy influences these revenues, the
higher risk the City's faces. This has been particularly evident in recent years with
Sales Tax Revenues.
"fhat are the cash flow needs?
The cash flow needs of the City have a direct bearing on the amount of reserve needed.
ibe city receives large portions of revenues twice a year from property tax receipts.
However, City activities are constant through the year, and actually are at an increased
e�vel during the summer months. Additionally, the amount of cash needed will vary
depending on capital project activities. The restoration of Historic City Hall, for example,
will require a higher level of cash flow than usual due to the reimbursement nature of
the FEMA and CaIEMA grants.
What other sources of reserves/cash are available?
If the City has alternate sources of obtaining or borrowing funds, the City has a reduced
risk of running out of sufficient cash. For example, as the Wastewater Fund has an
:available cash balance that the General Fund can borrow in an emergency, the need for
redundant reserves goes down. If the other funds of the City have very few cash
reserves, the General Fund loses that safety valve and a higher reserve may be
sidered.
184
ITEM NUMBER: C -3
DATE: 1/11111
What is the City's risk-tolerance level?
The City is at risk of experiencing things such as natural disasters, emergencies, and
infrastructure/asset failure. Although many risks cannot be avoided, the options and
flexibility the City has to respond to one of these events can be influenced by the City's
reserve level.
How important is consistency in service levels?
Consistency in service levels has been supported by Councils over the last 15 years. In
the light of the current economy, it is helpful to consider whether maintaining the level of
ongoing services to Atascadero residents is still a top priority.
What other expenses or potential expenses exist?
Current and future commitments will also influence reserve levels. The City has an
aging infrastructure that needs continued replacement and maintenance: roads,
buildings, drainage, etc. Additionally, there are other assets including technology,
equipment and vehicles that require regular attention. Historically, previous Councils
have wanted the flexibility to take advantage of opportunities that arise (such as the
purchase of Paloma Park) and desired sufficient reserves to fulfill those options.
What are the costs of reducing risk?
There are costs of reducing risk. It would be ideal to have a huge reserve, but
unfortunately, the City has limited resources. The City is in a situation where risk is on a
continuum with a big reserve on one end and fully funded City services on the other
end. The option of keeping a large reserve might be palatable if it didn't reduce any
service levels, but in this sluggish economy, keeping a large
reserve balance intact
could translate into more very painful cuts to the organization. The policy decision for
the next budget cycle will no doubt require additional information. In future months and
as the part of the budget process, staff will provide Council with more refined details on
what is involved in the trade-offs. An effective budget plan can then be created around
the Council's top priorities and the comfort level with risks related to either keeping or
using the reserves.
Setting the reserve policy for the budget cycle is not an easy task, nor is there a right or
wrong answer. The appropriate level of reserves may vary for the different sectors of
the community and between Council members. Ultimately, the Council will strive to set
the policy that is in the best interest of the City, both in the short-term and the long-term.
REDEVELOPMENT
The five-year forecast of Redevelopment revenues and expenditures was reviewed as
part of the recent bond issue staff report. As a result of the decrease in property values
previously discussed, the Agency will likely see decreases in increment revenues.
However, the Agency has sufficient fund balance to get through the economic downturn.
There are enough funds to complete the $4 million - $5 million in projects currently
planned. The Agency's General Fund balance at June 30, 2010 was about $8.4 million,
plus additional reserves in the Project Fund.
185
ITEM NUMBER: C - 3
DATE: 1/11/11
"s pan, of the two-year budget cycle, additional information regarding the Agency
:�. asp, project list, and revenue assumptions will be brought to Council and the Board
e, iew and approval.
F L IMPACT:
ti fiscal impact
AT`-ACHMENTS:
None
186
ITEM NUMBER: C -4
ITEM NUMBER: C -4
DATE: 01/11/11
mfr �iis>
Atascadero City Council
Staff Report - City Manager's Office
Strategic Planning 2011
Staffing and Labor Issues
RECOMMENDATION:
Council review this staff report and provide direction to staff.
DISCUSSION:
Employees and positive labor relations are a major component to the City's success in
achieving its mission. Because of this, as part of the continued strategic planning
process, staff is presenting a special overview on labor relations, specifically as they
relate to Atascadero. With the continued decline in revenues, reduced staffing levels,
increased regulation and expectations and the sometimes less than positive opinions
toward public employees, maintaining a positive workforce is more challenging than
ever before. This evening's presentation will include discussion on:
/ Current Staffing Levels
/ Organizational Review
/ Staff Capacity
Comparisons to Other Organizations
/ Financial Challenges
Atascadero has five employee groups. These are:
/ Atascadero Firefighters Bargaining Unit
Atascadero Police Association
1 Service Employees International Union, Local 620
/ Mid-Management/Professional Employees
Non-Represented Professional and Management Workers and Confidential
Employees
The agreements for all groups (attached) will expire June 30, 2011 and Memorandums
of Understanding (MOU's) again need to be negotiated prior to this date. The
187
ITEM NUMBER: C -4
ITEM NUMBER: C -4
DATE: 01/11/11
Management and Confidential group is unrepresented and covered by Council
Ides 7lufior.
� AL IMPACT: None
ATTACHMENTS:
11
MOU — Atascadero Police Association
2. MOU —Atascadero Mid-Management/Professional Employees
3. MOU — Atascadero Firefighters
4. �,IOU — Local 620 Service Employees International Union, Atascadero Chapter
5. resolution No. 2009-048 — Non-represented Professional and Management
Workers and Confidential Employees
188
Ll
Attachment I
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY LY 1 2010 THROUGH JUNE 30, 2011
APA MOU 2010-2011
189
ARTICLE I-GENERAL PROVISIONS
'7(' '''ON 1.1 PREAMBLE
T<<is i.,iemorandum of Understanding is made and entered into between the City of Atascadero hereinafter referred to as
the `:'ity"and the Atascadero Police Association, hereinafter referred to as the Association pursuant to California
Government Code Section 3500 et seq. and the City's Employer-Employee Relations Policy The purpose of this
indum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
ment.
�., City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein
l?.lout favor or discrimination because of race,creed,color sex,age,national origin,political or religious affiliations or
association memberships. Whenever the masculine gender is used in this MOU it shall be understood to include the
feminine gender
A'C'TION 1.2 RECOGNITION
The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following
positions
Police Officer Classification
• Police Officer
• Police Officer—Intermediate POST
• Police Officer—Advanced POST
Senior Police Officer Classification
• Senior Police Officer
• Senior Police Officer—Intermediate POST
• Senior Police Officer—Advanced POST
Police Sergeant Classification
• Police Sergeant
• Police Sergeant—Advanced POST
• Police Sergeant—Supervisory POST
Property Evidence Technician Classification
• Property Evidence Technician
• Property Evidence Technician—EMD
Support Services Classification
• Police Records Technician
• Support Services Technician
• Support Services Technician-EMD
• Support Services Lead Technician
• Support Services Lead Technician EMD
• Support Services Supervisor
• Support Services Supervisor EMD
"Or purposes of this MOU positions with a POST or EMD designation are hereinafter included in any reference to
Police Officer Senior Police Officer Sergeant,Support Services Technician,Support Services Lead Technician and
Support Services Supervisor
i -his recognition is exclusive of management employees and temporary employees.
The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the
I SOU 2010-2011 Page 1
9(.
scope of representation under the Meyers-Milias-Brown Act (Government Code Section 300, et seq.), and as
provided under the City's Employer-Employee Relations Policy
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid,unconstitutional,unlawful,or unenforceable by reason of
any existing or subsequently enacted constitutional or legislative provision shall be severed.and all other provisions
of the Agreement shall remain in full force and effect for the duration of the Agreement.
b In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable,the
City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute
provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way
modify of impact the remaining provisions of the existing
MOU
SECTION 1.4 SOLE AGREEMENTS
a. The City and the Association agree that to the extent that any provision addressing wages, hours, and terms and
conditions of employment negotiable under the Meyers-Mi lias-Brown Act found outside this MOU and are in
conflict thereof,this MOU shall prevail.
b If,during the term of the MCU,the parties should mutually agree to modify amend,or alter the provisions of this
MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the
z representatives of the Cit and the Association. Any such changes validly made shall become part of this
authorized p Y
MOU and subject to its terms.
SECTION 1.5 FULL FORCES AND EFFECT
•
'
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining ander the
Mevers-Milias-Brown Act,including those set in this MOU shall remain in full force and effect during the term of
this MOU unless changed by mutual agreement.
b The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE II-RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities.
a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within
the scope of representation proposed to be adopted by the City Council.
b Reasonable use of one bulletin board at the Atascadero Police Department.
c. The right to payroll deductions made for payments or organization dues and for City approved programs.
d. The use of City facilities for regular normal and lawful Association activities,providing that approval of the City
Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated
representatives for the purpose of processing grievances or contacting members of the organization concerning
business within the scope of representation. Access shall be restricted so as not to interfere with the normal
operations of any department or with established safety or security requirements.
Paee 2
APA MOU 2010-2011
191
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes,but is not limited to the exclusive right to determine the standards of service-
determine the procedures and standards of selection for employment and promotion, direct its employees take
disciplinary action for just cause" relieve its employees from duty because of lack of work or for other legitimate
reason,maintain the efficiency of governmental operations,determine the methods,staffing and personnel by which
governmental operations are to be conducted,determine the content of job classifications,take all necessary actions
to carry out its mission in emergencies, exercise complete control and discretion over its organizations and the
technology of performing its work provided, however that the exercise and retention of such rights does not
preclude employees or their representatives from consulting or raising grievances over the consequences or impact
that decisions on these matters may have on wage,hours and other terms of employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by
this Agreement are essential to the public health, safety and general welfare of the residents of the City of
Atascadero Association agrees that under no circumstances will the Association recommend,encourage,cause or
promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike,sit
down, stay in, sick-out, slow-down, or picketing (hereinafter collectively referred to as 'work stoppage') in any
:)ffice or department of the City nor to curtail any work or restrict any production,or interfere with any operation of
,lie City In the event of any such work stoppage by any member of the bargaining unit, the City shall not be
required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work
stoppage has ceased.
b In the event of any work stoppage during the term of this MOU whether by the Association or by any member of the
bargaining unit,the Association by its officers, shall immediately declare in writing and publicize that such work
stoppage is illegal and unauthorized,and further direct its members in writing to cease the said conduct and resume
-work. Copies of such written notices shall be served upon the City If in the event of any work stoppage the
Association promptly and in good faith performs the obligations of this paragraph,and providing the Association has
not otherwise authorized,permitted or encouraged such work stoppage,the Association shall not be liable for any
damages caused by the violation of this provision. However the City shall have the right to discipline,up to and
including discharge,any employee who instigates,participates in,or gives leadership to any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including damages, against any
such employees.
ARTICLE III -HOURS OF WORK AND OVERTIME
SrJ"TION 3.1 HOURS OF WORK
a. Work Period
In general,employees shall be scheduled to work consecutive days on and consecutive days off Work schedule
hanges(e.g..from 5/8 to 4/10,3/12 or 9/80)require a 30-day notice by the Chief of Police or their designee or the
Association. Either party may request a change in work schedules by written notification at least thirty(30)days in
advance of proposed changes. The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act,
shall be fourteen (14)days. All hours worked in excess of the employee s regularly recurring 80-hour biweekly
avork schedule shall be paid at the overtime rate of one and one half the employee s regular rate of pay
b Mealtime
Mealtime for shift employees is thirty (30)minutes of paid time.
c iealtime Call-out for Shift Employees
='I'
Pa
'.:.IOU 2010-2011
Page 3
1�C.
Mealtime may be taken during the shift if the workload permits and as authorized and scheduled by the shift
supervisor Shift employees receive mealtime as paid time,and therefore shift employee shall be subject to call out
during mealtime.
d. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours
worked. Rest periods are not to be construed as mealtime. Insofar as practical,rest periods shall be in the middle of
each work period. Rest periods cannot be used in conjunction with a meal periods,nor may rest periods be taken
during the employee s first or last scheduled hour of work.
e. Missed Rest Periods and Mealtime
Rest periods are paid time,therefore nothing in this section provides for or implies any additional compensation or
benefits if a rest period is not taken. Mealtime is paid time,therefore nothing in this section provides for or implies
any additional compensation or benefit if a meal period is not completed or taken.
f Definition of Shift Employees
Shift employees are assigned to positions in which duties are performed on a twenty-four(24)hour day seven(7)
days a week basis, and include- Police Officer Senior Police Officer Police Sergeant, Property Evidence
Technician, Support Services Technician, Police Records Technician, Support Services Lead Technician and
Support Services Supervisor
g. Shift Trade
Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria is met:
1 The trade does not adversely impact the Department's operating needs.
2. The trade does not result in the payment of overtime to the trading,employees.
3 The trade is by mutual consent of the employees involved.
4 The trade request must be submitted in writing to the employees supervisor signed by both employees and
approved by the Police Chief or his/her designee.
5 The trade days occur within the same pay period.
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay All overtime shall be
recorded and paid in the following manner•
I to 15 minutes,overtime compensation—'/4 hour
16 to 30 minutes,overtime compensation-'/2 hour
31 to 45 minutes,overtime compensation—3i4 hour
46 to 60 minutes,overtime compensation— 1 hour
b Hours Paid
Paid time off shall be considered time worked for overtime purposes.
APA MOU 2010-2011 Page 4
193
c Compensatory Time(CT)
Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time
and one-half at the mutual convenience of the Police Department and the employee.Employees may accumulate a
maximum of eighty(80)hours in their CT account.
d. Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing levels.
e. Schools/Training/Qualifrcations/Department Meetings
Overtime for Sergeants, Police Officers or Senior Police Officers as the result of Department wide training and
meetings authorized by the Chief of Police will be compensated at the time and one-half overtime rate.
Hours traveling,studying,or evening classes,etc when an employee is attending an out-of-town school shall not
constitute overtime hours.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two
(2)hours at time and one-half rate of pay
SECTION 3.4 COURT TIME/STANDBY TIME
a. Employees assigned standby duty shall receive thirty five dollars(S35 00) for each day of standby duty A day is
defined as a 24 hour period.
b Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two(2)
hours straight time compensation for every four(4)hours of actual time in standby assignment,prorated for more or
less than four hours. Minimum compensation will be for one(1)hour of straight time.
c Employees responding to work from standby shall receive a minimum of two hours pay at straight time. Employees
cc called back shall receive time and one-half pay for hours
working in excess of one hour and twenty minutes on
worked in excess of one hour and twenty minutes,or two hours straight time,whichever is greater
d. The Chief of Police may place employees on standby status. Standby duty shall not be considered as hours worked
for the purpose of computing overtime.
e. Employees on standby status shall provide the Support Services Technician or their designee with a telephone
number where he/she can be reached directly- and be able to respond to the predetermined duty assignment within
twenty minutes from the time of notification.
Page 5
APA MOU 2010-2011
194
ARTICLE IV-PAY PROVISIONS SECTION 4.1 SALARY
This one(1)year agreement shall provide for no salary increases during this period.
The following monthly salaries remain in effect July 1 2010
CLASSIFICATION A B C D E
Police Records Technician 3,133 05 3,289 71 3.454 19 3,626 91 3,808.25
Support Services Technician 3,71536 3,901 12 4,09618 4,300 98 4,51603
Support Services Technician EMD 3,76536 3,95363 4,151 31 4,358 88 4,576 82
i
Support Services Technician-
Longevity 3,901 12 4,09618 4,30098 4,51603 4,741 84
Support Services Technician EMD -
Lon evit 3,951 13 4,14870 4,356 14 4,573 95 4,802.64
Sup port Services Lead Technician 3,99864 4,198 57 4,40851 4,628 94 4,86039
Support Services Lead Technician
EMD 4,04864 4,251 07 4,46362 4,68680 4,921 14
Support Services Lead Technician -
Longevity 4,198 57 4,408 51 4,62894 4,860 39 5,10341
Support Services Lead Technician
EMD - Longevity 4,24857 4,461 01 4,68406 4,918.26 5,16416
Property Evidence Technician 4,09619 4,30099 4,51604 , 4,741 85 4,97894
Property Evidence Technician EMD 4.14619 4,35350 4,571 18 4,79974 5,03973
Property Evidence Technician -
Longevity 4,30099 4,51604 4,741 85 4,97894 5,227 88
Property Evidence Technician EMD
- Longevity 4=18-
351 00 4,56856 4,79699 5,03684 5,28867
Police Officer , ,978 93 5,227.87 5,489.27 5.76373
Police Officer- Intermediate POST 4,86039 5,10341 5,35858 5,62650 5,90783
Police Officer-Advanced POST 4,97894 ' 5,22788 5,489.27 5,76372 6,051 91
Senior Police Officer 4,97894 5,22788 5,489.28 5,763 74 6,051 93
Senior Police Officer- Intermediate
POST 5,10342 5135859 5,62653
5,907 86 6,203.25
Senior Police Officer-Advanced 5,22789 5
POST1489,29 5,763 75 6,051 94 6,35454
Su ort Services Supervisor 4,978 94 5,227 88 5,489.28 5,763 74 6,051 93
Su ort Services Supervisor EMD 5,028 94 5.28039 5-54441 5,821 63 6,112 71
Page 6
APA MOU 2010-2011
195
Support Services Supervisor-
Longevity 5,227.88 5,489.28 5,76374 6,051 93 6,354 53
Support Services Supervisor EMD-
Longevity 5,27789 5,541 79 5,81888 6,10982 6,41530
Police Sergeant 5,907.80 6,203 19 6,51335 6,83902 7,18097
Police Sergeant-Advanced POST 6,05549 6,358.27 6,676 19 7,01000 7,36050
Police Sergeant -Supervisory POST 6,203.21 1 6,51336 6,83903 1 7,18098 1 7,54003
a. Steps B C,D and E shall be paid upon completion of twelve months of employment at the preceding step where the
employee has demonstrated at least satisfactory job progress and normally increasing productivity and upon
recommendation of the Department Head and approval of the City Manager
b Police Officers and Senior Police Officers who possess a P O.S T Intermediate Certificate shall receive two and
one-half percent(2'/2%)more in base salary than those positions within the same classification without a P O.S T
Intermediate Certificate.
c Police Officers and Senior Police Officers who possess a P O.S T Advanced Certificate will receive two and one
half percent (2'/2%) more in base salary than those positions within the same classification without a P O.S T
Advanced Certificate, in addition to 4 Lb above.
d. Police Sergeants who possess a P O.S T Advanced Certificate will receive two and one-half percent(2'/2%)more in
base salary than those positions within the same classification without a P O.S T Advanced Certificate.
e. Police Sergeants who possess a P O.S T Supervisory Certificate will receive two and one-half percent(2'/z%)more
in base salary than those positions within the same classification without a P O.S T Supervisory Certificate, in
addition to 4 l.d above.
f. Each Support Service Technician,Property Evidence Technician,Lead Support Services Technician or Support
Services Supervisor having the Emergency Medical Dispatch(EMD)Certification will receive$50 00 per more in
base salary per month than those positions within the same classification without an EMD Certificate.
SECTION 4.2 INCENTIVE PAY
a. Employees shall be reimbursed up to$1,600 per fiscal year for books,tuition and related educational expenses for
attending college or other professional training,providing the coursework is job-related,and the employee received
a passing grade.
b Employees in the Support Services Technician,Support Services Lead Technician,Property Evidence Technician,
and Support Services Supervisor classifications,after five years of continuous service and above-average or better
evaluations,shall receive five percent(5%)in additional pay to their base salary
SECTION 4.3 RETIREMENT
a. Employees will be provided retirement benefits through the California Public Employees Retirement System
(CalPERS).Police Officers,Senior Police Officers and Police Sergeants will be provided benefits pursuant to the
3% @ 50 Full formula(Section 21362.2 of the Government Code)for safety employees and the City will pay the
employee contribution of nine(9%)percent.
b Effective July 1 2007 the Police Records Technician,Support Services Technician,Property Evidence Technician,
Support Services Lead Technician and Support Services Supervisor(CalPERS miscellaneous unit members)were
APA MOU 2010-2011 Page 7
196
provided benefits pursuant to the 2.5% Ca 55 formula including the One Year Final Compensation(Section 20042)
and Credit for Unused Sick Leave(Section 20965)benefits.The City will pay 5 85%of the employee contribution
of eight percent(8%) Employees in the Ca1PERS miscellaneous unit will pay the remaining 2.15%of the employee
contribution.
c The CaIPERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959
Survivor's Benefit. The employees shall pay the monthly cost of the benefit. The City shall provide the One Year
Final Compensation(Section 20042)and Credit for Unused Sick Leave(Section 20965) benefits.
d. The City shall provide Ca1PERS the Post Retirement Survivor benefit for Miscellaneous Members.
SECTION 4.4 SICK LEAVE/STAY "'ELL PLAN
a. Sick leave accumulates at a rate of eight(8)hours per month. There is no limit to the accumulation.
b Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus.The Stay
Well Bonus will be implemented as follows.
I The sick leave pay-off will occur during the 52-week period beginning the first day after the second pay period
in October and ending on the last day of the second pay period in October of the following year after an
employee has accumulated and maintained 384 hours sick leave.
2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third
(1/3)of the unused annual allotment of sick leave. (The annual allotment is 95 94 hours)
3 Checks will be prepared by December 15 of each year
c Family Care-An employee may use,in any calendar year accrued sick leave up to the amount earned during six(6)
months employment to attend to the illness of a child,parent or spouse.
SECTION 4.5 VACATION LEAVE
Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations.
SECTION 4.6 HOLIDAYS
a. Employees shall receive twelve(12)holidays per calendar year Said holidays shall be credited in eight(8)hour
1"da of the first full ay period of each month. Holidays must be used within the calendar year
increments on the y P
Employees may take holiday time off consistent with the scheduling needs of the City and subject to approval of the
Chief of Police.
b Employees shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and
have a current credit of more than ninety-six(96)hours of holiday time.
c. Employees who have not used their accrued holiday time by December 31" will be paid for all accrued holiday
hours,no later than the second payday of January
d. Employees may elect to apply the value of accrued holiday hours to their deferred compensation account. Election
forms must be completed and received no later than December 31" to be processed no later than the second payday
of January
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death
Page 8
APA MOU 2010-2011
197
of his/her spouse,significant other child,stepchild,parent,grandparent,grandchild,son-in-law daughter in-law mother
in-law father in-law brother sister brother in-law and sister in-law
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to
military leave shall give the appointing power an opportunity within the limits of military regulations to determine when
such leave shall be taken.
SECTION 4.9 OUT-OF-CLASS PAY
Employees who are assigned to work out of class for fifteen (15)or more consecutive days shall receive five percent
(5%)of current base salary in addition to regular salary
SECTION 4.10 CANINE HANDLER PAY
The time spent by a canine handler in the care, grooming and feeding of his/her assigned police dog shall be hours
worked payable at the time and one-half overtime rate per hour of the handler It is agreed that canine handlers normally
spend 7 hours per biweekly pay period performing such work and written authorization from the Police Chief must be
obtained to perform such work for more than 7 hours. Such hours worked shall not be interpreted to be (1) shift
extension,(2)callback to work,or(3)scheduled work performed in excess of the regular shift for overtime purposes.
SECTION 4.11 FIELD TRAINING OFFICER INCENTIVE PAY
a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated at the rate of$87 per
hour not to exceed$150 00 per month. Compensation shall be provided only for hours actually spent serving in the
capacity of Field Training Officer
b Support Services Technicians assigned to act as a trainer of a newly hired employee shall be compensated at the rate
of$ 87 per hour not to exceed$150 00 per month. Compensation shall be paid only for hours actually spent serving
in the capacity of a trainer
c. Compensation shall be provided only when the Chief of Police or designee has specifically authorized the
assignment.
SECTION 4.12 ACTING WATCH COMMANDER PAY
a. Each Police Officer assigned as Acting Watch Commander will receive$1 00 per hour for each hour worked in the
capacity of acting watch commander as compensation for additional responsibility
SECTION 4.13 BILINGUAL PAY
The City shall pay an additional 2.5070 of salary to those employees who are able to speak one of the top two non-English
languages as defined by the U.S Census. A testing mechanism mutually agreed to by both parties will be created to assess
language abilities before qualifying for the incentive.
ARTICLE V-HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have `Family"coverage,the City shall pay a total of$1,052.87 per month toward the
cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents
for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance
APA MOU 2010-2011 Page 9
198
premiums for the employee and fifty percent(50eIc)of increased costs for dependents based upon HMO plan costs.
b For unit members who elect to have `Employee+1 coverage, the City shall pay a total of $957 83 per month
toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and
is agreement.
City shall a for increased costs to medical, dental, vision and
life
dependent for the term of th g } pay p ,
insurance premiums for the employee and fifty percent(50°Io)of increased costs for the dependent based upon HMO
plan costs.
c For unit members who elect to have `Employee Only"coverage,the City shall pay an amount not to exceed $781 17
per month toward the cost of all medical,dental, vision and life insurance benefit premiums for the unit member
employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life
insurance premiums for the employee based upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee
hired on or before September 1 2000 as additional compensation. This amount shall not exceed$240.56 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of twenty thousand dollars
($20,000 during the term of this agreement.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total
amount of one thousand dollars($1,000)per dependent during the term of this agreement.
f. The Medical Insurance Committee may recommend changes in the level of service and service providers to the City
during the term of the agreement.Each recognized bargaining unit shall have a representative on the committee,and
management will have one representative.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with
applicable Internal Revenue Code provisions. The plan will enable an employee, on a voluntary basis, to cover
additional out of pocket premium expenses for insurance through pretax payroll dollars.
h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll deduction of each
employee in the classification of Police Records Technician, Support Services Technician, Property Evidence
Technician,Support Services Lead Technician,and Support Services Supervisor State Disability Insurance shall be
integrated with sick leave with the objective of providing full compensation.
SECTION 5.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE
The purpose of the uniform allowance is for the purchase,replacement, maintenance,and cleaning of uniform
clothing.
a. The City shall provide an annual uniform allowance of eight hundred dollars($800)for all eligible Police Officers,
Senior Police Officers and Police Sergeants.
b The City will make an up front lump sum payment of the current fiscal year's uniform allowance no later than the
second pay day in July
c Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July I
The City would at the same time advance the new employee an amount that when added to his initial uniform
allowance would equal$800 The amount advanced upon hire would then be deducted from the employee s first full
uniform allowance check,the following July (Example.If an employee worked six months in the first fiscal year
he/she would receive$800 in that first year and$400 in the second fiscal year All subsequent years the employee
would receive the full$800 until separation from the City)
d. When an employee separates from the City the Uniform Allowance will be prorated based upon the number of days
Page 10
APA MOU 2010-2011
199
zmployed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check.
d by the Police Chief. Employees are required to seek
iforms damaged on duty shall be replaced as prorate
; bursement through the courts with all practical diligence.
f. The City shall provide the Police Records Technician,Support Services Technicians,Property Evidence Technician,
ea_'.Support Services Technician and Support Services Supervisor with uniforms as needed,in accordance with the
ln`_form Policy
Fe City shall make available to Police Officers,Senior Police Officers and Police Sergeants a bulletproof vest.
Employees requesting a vest shall certify that they will wear the vest at all times,except in extreme climatic
conditions. Vests shall be replaced or refurbished each 4 or 5 years as manufacturer's specifications dictate.
employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary as
uetermined by the Chief of Police.
1
lie following additional safety equipment shall be provided to all Police Officers,Senior Police Officers and
';ce Sergeants by the City-
Service weapon
Baton
Duty belt with holster,keeper straps,handcuff case,chemical mace pouch,key ring,baton ring,
ammunition pouch,radio holder
■ Helmet with face shield
Rain garment: The City shall comply with the requirements of CAL/OSHA as it relates to providing rain
gear including rain boots
All city equipment shall be returned to the City upon the employee leaving such service
S 7CTION 5.3 PROBATION
Ti, probationary period for newly hired Police Officers Senior Police Officers or Police Sergeants shall be eighteen
s:. The probationary period for newly hired Police Records Technician, Support Services Technician,Support
e, Lead Technician or Support Services Supervisor shall be twelve months. The probationary period for
employees promoted to Senior Police Officers or Police Sergeants shall be twelve months. The probationary period for
'ployees promoted to Support Services Lead Technician shall be six months.The City shall have the option of granting
v hired employee in a miscellaneous classification regular status at any time after nine(9)months of service.
ARTICLE VI—OTHER
SECTION 6.1 CELL PHONE REIMBURSEMENTS
3r., agrees to reimburse each full-time employee a flat rate of ten dollars($10 00)per month for the use of their
-,STs ;r cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable,
_,hs will be pro-rated.
ARTICLE VII-CLOSING PROVISIONS
',ON'7.1 TERM
.M of this MOU shall continence on July 1,2010,and expire on June 30 2011
Page 11
ape ,x,)1 7 2010-201 1
20C�
SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following representatives.
�
hl
Date Date
CITY OF ATASCADKRO
Mayor ;"�� Date "MlanagerDate
Page 12
APA MOU 2010-2011
201
uor"
2 �-
Attachment 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MID MANAGEMENT/PROFESSIONAL
EMPLOYEES
AND
CITY OF ATASCADERO
JULY 15 2010 THROUGH JUNE 309 2011
203
MEMORANDUM OF UNDERSTANDING
MID MANAGEMENT/PROFESSIONAL EMPLOYEES
JULY 1, 2010 THROUGH JUNE 30,2011
TABLE OF CONTENTS
ARTICLE I GENERAL PROVISIONS 1
SECTION 1.1 PREAMBLE
SECTION 1.2 RECOGNITION
.SECTION 1.3 SEVERANCE
SECTION 1.4 SOLE AGREEMENT 2
SECTION 1.5 FULL FORCE AND EFFECT 2
ARTICLE V-PAY PROVISIONS 3
SECTION 5.1 SALARY 3
ECTION 5.2 EDUCATION INCENTIVE PAY 3
SECTION 5.4 RETIREMENT 3
SECTION 5.5 SICK LEAVE/STAY WELL PLAN 4
4.11,T]CLE VI HEALTH AND WELFARE 5
,ECTION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE 5
ARTICLE VII-CLOSING PROVISIONS. 6
SECTION 7.2 SIGNATURES 6
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the "City" and the Mid Management/Professional Employees, hereinafter
referred to as the "Association"pursuant to California Government Code Section 3500, et seq and
the City's Employer - Employee Relations Policy The purpose of this Memorandum of
Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following classifications
• Accountant
• Associate Civil Engineer
• Building Maintenance Supervisor
• Capital Projects Manager
• Database Programmer
• Recreation Supervisor
• Senior Building Inspector
b This recognition is exclusive of management employees and temporary employees
c The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Mihas-Brown Act(Government
Code Section 3500, et seq ), and as provided under the City's Employer-Employee Relations
Policy
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful
or unenforceable,the City and the Association agree to meet and confer in a timely manner in an
205
attempt to neaotiato a substituteprovision. Such negotiations shall apply only
to the severed
in
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU
iECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,hours,
and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found
outside this MOU and are in conflict thereof, this MOU shall prevail.
b If,during the term of the MOU,the parties should mutually agree to modify, amend,or alter the
provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms
CTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in
full force and effect during the term of this MOU unless changed by mutual agreement.
b The City will abide by the Meyers-M ilias-Brown Act where and when it applies to the
Association.
;ECTION 1.6 GENERAL PROVISIONS
The parties agree to meet and confer with respect to any subject or matter within the scope of
representation upon request. Provided, however, that any changes which fall within the scope of
representation shall be by mutual agreement.
Except as set forth in this Memorandum of Understanding, and unless the Association agrees to
reopen negotiations on a particular bargaining subject,the parties agree that there shall be no changes
during the life of this MOU in the wage rates,benefits,or other terms and conditions of employment
subject to the Meet-and-Confer process
In the event any new practice, subject or matter arises during the term of this agreement which is
within the scope of representation and an action is proposed by the City, the Association shall be
afforded all possible advance notice and shall have the right to meet and confer upon request. In the
I.ase of an emergency and, in the absence of an agreement on such a proposed action, the City
reserves its lawful management rights to take any action(s) deemed necessary and the Association
reserves its rights to take any lawful action deemed necessary
206
ARTICLE 11 - -PAY PROVISIONS
SECTION 2.1 SALARY
This one(1) year agreement shall provide no salary increases during this period.
The following monthly salaries remain in effect as of July 1, 2010
7kIFI (TIONF
T
W
Accountant 4,581 96 4,81107 5,051 61 5,304 19 5,56942
Associate Civil Engineer 5,569 43 5184788 6,14028 6,447-29 0,76967
Building Maintenance 4,36378 4,581 97 4,811 07 5,051 61 5,30419
Su ervisor 5,70969 5,994 12 6,293 79 6,60847 6,93889
Database Programmer
Recreation Supervisor 4,25992 4,472.90 4,696,51 4.931 34 5,177 90
Senior Building Inspector 4,811 08 5,05164 5.304 19 5,56942 5,847 87
Capital Projects Manager 4,36378 4,58197 4,811 07 5,051 61 5,304 19
SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $400 00 per fiscal year for books, tuition coursework is
related
educational expenses for attending college or other professional training,providing the cours
job-related, and the employee received a passing grade.
Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent(10%)
in additional pay to their base salary
SECTION 2.3 RETIREMENT
a. Effective November 2003,the City began paying and reporting the value of Employer Paid
Member Contributions (EPMC) as described in Resolution No 2003-073
retirement benefits through the California
b Effective July 1,2007,employees will be provided C
Public Employees Retirement System (CalPERS) pursuant to the 2 5% @ 55 formula,
including the One Year Final Compensation �SScti�850040) aodiLeave (Section 20965)benefits. The City wipy the employee contribution of
1-215%of the employee contribution.
eight percent(8%) Employees will pay the remaining -
207
SECTION 2.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight(8)hours (one day) per month. There is no lima to the
accumulation.
b Employees with forty-eight(48)or more days of accumulated sick leave shall be eligible for the
Stay Well Bonus The Stay Well Bonus will be implemented as follows
1 The sick leave pay-off will occur during the twelve- (12) month period beginning the first
day after the second pay period in October and ending on the last day of the second pay
period in October of the following year after an employee has accumulated and maintained
48 days sick leave.
2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third(1/3)of the unused annual allotment of sick leave. The annual allotment is
95 94 hours
3 Checks will be prepared by December 15 of each year
c Family Care—An employee may use, in any calendar year, accrued sick leave up to the amount
earned six (6) months employment to attend to the illness of a child, parent or spouse.
SECTION 2.5 SICK LEAVE PAYBACK
When an employee terminates employment in good standing, after five (5) years of continuous
service,he/she shall be paid one-half of his/her accumulated Sick Leave
SECTION 2.6 ADMINISTRATIVE LEAVE
a. Each employee will receive forty-eight(48)hours of Administrative Leave,which will vest as of
July 1 annually Except as provided below, Administrative Leave will not be carried over or
accrue from one fiscal year to the next.
b If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for
work related reasons beyond his/her control(as verified by the Department Head),said leave will
be carried over into the next fiscal year for a period not to exceed three(3) months Said time
will be available to the employee for use during that period, but will not be accrued for the
purpose of payoff in the event of termination.
c In the event an employee covered by this Agreement is employed after January 1 of the fiscal
year, the employee shall be eligible for twenty-four (24)hours of Administrative Leave.
208
SECTION 2.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations
in the event of death of his/her spouse,child,stepchild,grandchild,parent,grandparent,son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or
significant other
ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH INSURANCE COVERAGE
1 For unit members who elect to have"Family"coverage,the City shall pay a total of$1066 15
per month toward the cost of all medical,dental,vision and life insurance benefit premiums
for the unit member employee and dependents for the term of this agreement. City shall pay
for increased costs to medical,dental, vision and life insurance premiums for the employee
and fifty percent (50%) of increased costs for dependents based upon HMO plan costs
2 For unit members who elect to have `Employee +l" coverage, the City shall pay a total of
$970 45 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent for the term of this agreement. City
shall pay for increased costs to medical, dental, vision and life insurance premiums for the
employee and fifty percent(50%)of increased costs for the dependent based upon HMO plan
costs.
3 For unit members who elect to have "Employee Only" coverage, the City shall pay an
amount not to exceed $793 37 per month toward the cost of all medical, dental, vision and
life insurance benefit premiums for the unit member employee for the term of this agreement.
City shall pay for increased costs to medical,dental,vision and life insurance premiums for
the employee based upon the HMO plan costs
Available funds remaining from the City's contribution toward insurance coverage shall be
paid to an employee hired on or before September 1,2000 as additional compensation.T his
amount shall not exceed$246 76 per month.
SECTION 3.2 LIFE INSURANCE
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000)
The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000) per dependent.
209
ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
The term of this MOU shall commence on July 1, 2010, and expire on June 30, 2011
SECTION 4.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives
Zi
Mid
IJ
Mid Mgmt. of Dat Mid 16fgn of Date
CITY OF ATASCADERO
Mayor Date "ManagerDate
210
Attachment 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO FIREFIGHTERS �
BARGAINING UNIT
AND
CITY OF ATASCADERO
JULY 15 2010 TO JUNE X 2011
Firefighters'MOU 2010-2011
211
MEMORANDUM OF UNDERSTANDING
° S�'ADERO FIREFIGHTERS' BARGAINING UNIT AND CITY OF ATASCADERO
JULY 1, 2010 THROUGH JUNE 30, 2011
TABLE OF CONTENTS
—�rT fCLE I-GENERAL PROVISIONS I
SECTION 11 PREAMBLE I
')ECTION 1.2 RECOGNITION 1
CTION 1.3 SEVERANCE 2
SECTION 14 SOLE AGREEMENT 2
u:.�,CTION 1.5 FULL FORCE AND EFFECT ?
4,ilTICLE II-RESPECTIVE RIGHTS 2
"ECTION 2.1 ASSOCIATION RIGHTS 2
I.a-TION 2.2 CITY RIGHTS 3
S ACTION 7 1 TERM 3
�LR`11CLE IV HOURS OF WORK AND OVERTIME 3
ECTION 4.1 HOURS OF WORK 3
SL CTION 4.2 OVERTIME 4
SECTION 4.3 CALLBACK PAY 4
5�ECTION 4.4 COURT TIME/STANDBY TIME 4
ARTICLE V-PAY PROVISIONS 5
'ECTION 5.4 RETIREMENT 6
SECTION 5.5 SICK LEAVE/STAY WELL PLAN 6
SECTION 5.6 VACATION LEAVE 6
s CTION 5.7 HOLIDAYS 7
l'ECTION 5.8 BEREAVEMENT LEAVE 7
SEC-TION 5.9 MILITARY LEAVE 7
ARTICLE VI-HEALTH AND WELFARE 7
_TION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE 7
�JEECTION 6.3 PROBATION 9
�R I'ICLE VII-CLOSING PROVISIONS 10
iI±CTION 7.2 SIGNATURES 10
7esbters'MOU 2010-2011
212
ARTICLE I-GENERAL PROVISIONS
SECTION 1 1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,hereinafter referred to as
the `City" and the Atascadero Firefighters Bargaining Unit,hereinafter referred to as the Association"pursuant to
California Government Code Section 3500,et seq and the City's Employer Employee Relations Policy The purpose of
this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein
without favor or discrimination because of race,creed,color,sex,age,national origin,political or religious affiliations or
association memberships. Whenever the masculine gender is used in this MOU,it shall be understood to include the
feminine gender
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following
positions.
• Firefighter Classification
• Firefighter
• Firefighter/Paramedic
• Firefighter/HazMat Specialist
• Fire fighter/Paramedic/HazMat Specialist
• Fire Engineer Classification
• Fire Engineer
• Fire Engineer/Paramedic
• Fire Engineer/HazMat Specialist
• Fire Engineer/Paramedic/HazMat Specialist
Fire Captain Classification
• Fire Captain
• Fire Captain/Paramedic
• Fire Captain/HazMat Specialist
• Fire Captain/Paramedic/HazMat Specialist
Fire Marshal Classification
• Fire Marshal/Code Compliance Officer
For purposes of this MOU positions with a Paramedic and/or HazMat Specialist designation are hereinafter included
in any reference to Firefighter Fire Engineer and Fire Captain.
b This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the
scope of representation under the Meyers-Milias-Brown Act(Government Code Section 3500, et seq), and as
provided under the City's Employer Employee Relations Policy
Firefighters'MOU 2010-2011 Page 1
213
S(-ITION 1.3 SEVERANCE
a. f any provision of the Agreement should be found invalid,unconstitutional,unlawful,or unenforceable by reason of
any existing or subsequently enacted constitutional or legislative provision shall be severed,and all other provisions
of the Agreement shall remain in full force and effect for the duration of the Agreement.
b In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable,the
City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute
provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way
modify or impact the remaining provisions of the existing MOU
S"-'.CTION 14 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,hours, and terms and
conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in
conflict thereof,this MOU shall prevail.
b If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the provisions of this
ivlOU in any respect,any such change shall be effective only if and when reduced to writing and executed by the
authorized representatives of the City and the Association. Any such changes validly made shall become part of this
1w70U and subject to its terms.
_OON 1.5 FULL FORCE AND EFFECT
All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the
ivievers-Milias-Brown Act,including those set in this MOU shall remain in full force and effect during the term of
this MOU unless changed by mutual agreement.
o The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE II-RESPECTIVE RIGHTS
',-TION 2.1 ASSOCIATION RIGHTS
i ne/ ssociation shall have the following rights and responsibilities.
Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within
the scope of representation proposed to be adopted by the City Council.
Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved programs.
The use of City facilities for regular,normal and lawful Association activities,providing that approval of the City
tanager or his/her designee has been obtained.
:X-isonable access to employee work locations for officers of the Association and their officially designated
rep esentatives for the purpose of processing grievances or contacting members of the organization concerning
business within the scope of representation. Access shall be restricted so as not to interfere with the normal
operations of any department or with established safety or security requirements.
Firefighters' MOU 2010-2011 Page 2
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L li
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes,but is not limited to,the exclusive right to determine the standards of service;
determine the procedures and standards of selection for employment and promotion, direct its employees, take
disciplinary action for"just cause",relieve its employees from duty because of lack of work or for other legitimate
reason,maintain the efficiency of governmental operations,determine the methods,staffing and personnel by which
governmental operations are to be conducted,determine the content of job classifications,take all necessary actions
to carry out its mission in emergencies, exercise complete control and discretion over its organizations and the
technology of performing its work provided, however, that the exercise and retention of such rights does not
preclude employees or their representatives from consulting or raising grievances over the consequences or impact
that decisions on these matters may have on wage,hours and other terms of employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by
this Agreement are essential to the public health, safety and general welfare of the residents of the City of
Atascadero Association agrees that under no circumstances will the Association recommend,encourage,cause or
promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike,sit
down,stay-in, sick-out,slow-down,or picketing(hereinafter collectively referred to as 'work-stoppage')in any
office or department of the City,nor to curtail any work or restrict any production,or interfere with any operation of
the City In the event of any such work stoppage by any member of the bargaining unit, the City shall not be
required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work
stoppage has ceased.
b In the event of any work stoppage,during the term of this MOU,whether by the Association or by any member of
the bargaining unit,the Association by its officers,shall immediately declare in writing and publicize that such work
stoppage is illegal and unauthorized,and further direct its members in writing to cease the said conduct and resume
work. Copies of such written notices shall be served upon the City If, in the event of any work stoppage,the
Association promptly and in good faith performs the obligations of this paragraph,and providing the Association has
not otherwise authorized,permitted or encouraged such work stoppage,the Association shall not be liable for any
damages caused by the violation of this provision. However the City shall have the right to discipline,up to and
including discharge,any employee who instigates,participates in,or gives leadership to,anywork stoppage activity
herein prohibited,and the City shall also have the right to seek full legal redress,including damages,against any
such employees.
ARTICLE 1II--HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period,pursuant to Section 207(k) of the Fair Labor Standards Act,shall be twenty-eight(28)
days for all full-time permanent sworn safety positions with the exception of the Fire Marshal/Code Enforcement
Officer All hours worked in excess of the employee s regularly recurring work schedule shall be paid at the
overtime rate of one and one-half of the employee s regular rate of pay
The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven(7)days with a maximum
non-overtime of forty(40)hours.
Firefighters'MOU 2010-2011 Page 3
215
>efinition of Shift Employees
hifr employees(excluding administrative assignments)are assigned to positions which duties are performed on a
,'cnty-four(24)hour day seven(7)days a week basis,and include-
® Firefighter
Fire Engineer
• Fire Captain
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay
fours Paid
Paid time off shall be considered time worked for overtime purposes.
:,ompensatory Time(CT)
Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time
and one-half at the mutual convenience of the Fire Department and the employee.Employees may accumulate up to
(G)shifts(144 hours)of Compensatory Time.
S""heduling Compensatory Time Off(CT)
Bequests to use CT shall be granted with due regard for operational necessity such as staffing levels.
:,ompensatory Time(CT)Payoff
T may be paid off at the option of the employee. The payoff shall be included in the next regularly scheduled bi-
weekly payroll period following the request.
710N 3.3 CALLBACK PAY
rr y,cs who are called to duty at a time they are not working shall be compensated a minimum compensation of two
h;ars at time and one-half rate of pay
S',C "ON 3.4 STANDBY TIME
,r;aloyees assigned standby duty shall receive twenty five dollars($25 00)for each day of standby duty A day is
defined as a 24-hour period,
rrployees responding to work from standby shall receive time and one-half pay with a minimum of one hour and
twenty minutes once called back. Employees responding to work as a result of an emergency callback request shall
receive time and one-half pay with a minimum of two hours pay
c Employees on standby status shall monitor both radio and alpha numeric pages at all times,and be able to
respond to the predetermined duty assignment within twenty minutes from the time of notification.
Fofighte-FMOU 2010-2011 Page 4
ARTICLE IV-PAY PROVISIONS
SECTION 4.1 SALARY
The following monthly salaries become effective July 1,2010-
CLASSIFICATION. STEP A STEP B STEP C' :STEP D STEP E
Firefighter 4,628.94 4,860.39 5,103 41 5,358.58 5,62650
Firefighter/Haz Mat Specialist 4,721.52 4,95760 5,205 48 5,465 75 5,73904
Firefighter/Paramedic 5,091.83 5,34642 5,613 74 5,89443 6,189 15
Firefi hter/Paramedic/HazMat Specialist 5,18441 5,443 63 5,71581 6,001 60 6,301 68
Fire Engineer 4,978.94 5,227 88 5,489.28 5,763 74 6,051.93
I
Fire Engineer/Haz Mat Specialist 5.078.52 5,332.45 5,59907 5,87903 6,172.98
Fire En ineer/Paramedic 5,476.83 5,75067 6,038.21 6,340 12 6,657 12
Fire Engineer/Paramedic/HazMat
Specialist 5,576 41 5,855.23 6,14799 6,455.39 6.778.17
Fire Marshal/Code Enforcement Officer 5.907 84 6,203.22 1 6,513.37 6,839 04 7,180 99
Fire Captain 5,907 84 6,203.22 6,513.37 6,83904 7,1809
Fire Captain/Haz Mat Specialist 6,025 98 6,327.28 6,643 65 6.975 83 7,32463
Fire Captain/Paramedic 6,498 61 6,823.53 7,16472 7,522.95 7,899 10
Fire Ca tain/Paramedic"HaZMat Special
ist 6,61676 6,947 60 7,294.98 7,65973 8,042 72
a. Steps B,C,D and E may be paid upon completion of twelve months of employment at the preceding step where the
employee has demonstrated at least satisfactory job progress and normally increasing productivity and upon
recommendation of the Department Head and approval of the City Manager
b Employees who are trained, qualified and assigned by the Fire Chief to E.M.T Paramedic duties shall receive ten
percent(10%)more in base salary than those positions within the same classification without paramedic duties.
c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team(SLOIIIRT)shall receive
two percent (2%) more in base salary than those positions within the same classification which do not serve on
SLOHIRT
d. The Association and the Ci recognize that the Memorandums of Understanding in the years since 1998 have.been
City g g
incremental steps in correcting salary inequities between Atascadero employees and the comparisons N01iin San Luis
Obispo County It is further recognized that the salary schedule is a continuing attempt to bring Atascadero salaries
to the mean with the surveyed cities following the initial inequity adjustment,and maybe subject to change in future
negotiations.
Firefighters'MOU 2010-2011 Page 5
217
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related educational expenses for
attending college or other professional training, providing the coursework is job-related and the employee received a
passing grade
SECTION 4.3 RETIREMENT
a. Employees will be provided retirement benefits through the California Public Employees Retirement System
(CaIPERS). Firefighters,Fire Engineers,Fire MarshaUCode Enforcement Officer and Fire Captains will be provided
benefits pursuant to the 3% @ 50 Full formula (Section 21362.2 of the Government Code) for Sworn Safety
Members(as defined by CaIPERS)and the City will pay the employee contribution of nine percent(9%)
b The Ca1PERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959
Survivor's Benefit. The employees shall pay the monthly cost of the benefit.
c. The City shall implement the Military Service Credit(Section 20930.3 of the Government Code)provided there is
no direct cost to the City The City shall provide Credit for Unused Sick Leave (Section 20965)and One Year Final
Compensation(Section 20042)benefits.
C,. Employees have expressed a desire to receive the PERS benefit `Converting EPMC to Salary in the Final
Compensation Period"as allowed under Government Code Section 20962 It is agreed to implement this benefit if it
can be done at no cost to City City will work with PERS to determine costs and limitations and bring its findings
back to the Association prior to January 1 2008 for further action.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and
Regulations.It is agreed that nothing herein shall be construed as providing any vested right,monetary or otherwise,to
any unused sick leave existing at time of discharge or voluntary separation from City service, except at time of
retirement in accordance with the City's Public Employees Retirement System contract.
b Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation.
c. Employees with 576 16 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus.The Stay
Well Bonus will be implemented as follows.
I The sick leave pay-off will occur during fifty-two(52)week period beginning the first day after the second pay
period in October and ending on the last day of the second pay period in October of the following year after an
employee has accumulated and maintained 576 16 hours of sick leave.
2 Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third
(1!3)of the unused annual allotment of sick leave. (The annual allotment is 144 04 hours).
3 Checks will be prepared by December 15 of each year
SECTION 4.5 VACATION LEAVE
Firefighters'MOU 2010-2011 Page 6
218
a. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations.
b It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of
the City
SECTION 4.6 HOLIDAYS
a. Employees shall receive five and 6/10(5 6)shifts annually or 5 17 hours bi-weekly Said holidays shall be credited
in accordance with procedures established by the Personnel Officer
b Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of
the Fire Chief.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death
of his/her spouse,significant other,child,stepchild,parent,grandparent,grandchild,son-in-law,daughter-in-law mother
in-law father-in-law brother,sister brother-in-law,and sister-in-law
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to
military leave shall give the appointing power an opportunity within the limits of military regulations to detennine when
such leave shall be taken.
SECTION 4.9 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement,agree to contribute to congregate meals at the station house in
the amount required to cover the cost of those meals, irrespective of whether the employee chooses to eat the meal.
SECTION 4.10 BILINGUAL PAY
The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English
languages as defined by the U.S Census. A testing mechanism mutually agreed to by both parties will be created to
assess language abilities before qualifying for the incentive.
ARTICLE V-HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have `Family coverage,the City shall pay a total of S 1,131.50 per month toward the
cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents
for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent(50%)of increased costs for dependents based upon HMO plan costs.
b For unit members who elect to have `Employee+1 coverage, the City shall pay a an amount not to exceed
S 1,035 80 per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit
member employee and dependent for the term of this agreement. City shall pay for increased costs to medical,
dental, vision and life insurance premiums for the employee and fifty percent(50%) of increased costs for the
Firefighters'MOU 2010-2011 Page 7
219
dependent based upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee
lured on or before September 1,2000 as additional compensation.
r or unit members who elect to have `Employee Only"coverage,the City shall pay an amount not to exceed 5859 14
ner month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member
employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life
insurance premiums for the employee based upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee
hired on or before September 1,2000 as additional compensation.
The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand dollars
($15,000)during the term of this agreement.
m life insurance policy for each eligible dependent enrolled in health coverage in a total
The City shall provide a ter
amount of one thousand dollars(Sl 000)per dependent during the term of this agreement.
The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units(as
designated by the bargaining unit)and one from the City The Committee shall regularly review the health plan and
study health insurance issues including, but not limited to, Health Maintenance Organizations (HMO s), cost
containment,etc.,and make recommendations to the City Manager
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with
applicable Internal Revenue Code provisions. The plan will enable an employee to, on a voluntary basis,cover
additional out of pocket premium expenses for insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase,replacement,maintenance and cleaning of uniform clothing,
including t-shirts and hats.
a. The City shall provide an annual uniform allowance of eight hundred fifty dollars (5850) for each Association
employee.
b The City will make an up front lump-sum payment of the current fiscal year's uniform allowance no later than the
second pay day in July
c. Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1
The City would at the same time advance the new employee an amount that, when added to his initial uniform
allowance,would equal 5850 The amount advanced upon hire would then be deducted from the employee s first
full uniform allowance check received the following July (Example.If an employee worked six months in the first
fiscal vear he/she would receive S850 in that first year and 5425 in the second fiscal year All subsequent years the
employee would receive the full$850 until separation from the City)
d. When an employee separates from the City,the uniform allowance will be prorated based upon the number of days
employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check.
fighters'MOU 2010-2011 Page 8
220
SECTION 5.3 PROBATION
The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months. The probationary
period for employees promoted to Fire Engineer or Fire Captain shall be twelve months.
SECTION 5.4 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter will be provided an
opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy There shall be a
maximum of ten(10)Fire Engineer positions funded.
ARTICLE VI—OTHER
SECTION 6.1 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association
for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in
the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program
will include the following elements. 1)Mandatory participation,2)Established standards,and 3)City-provided physicals.
SECTION 6.2 HEALTH AND WELLNESS EXAMS
The City shall add to the Fire Department budget three hundred fifty dollars($350)per full-time employee for health and
wellness exams according to the following schedule:
• Annually for Fire Department safety personnel aged 40 and over
• Every other year for Fire Department safety personnel aged 30-39
• Every three years for Fire Department safety personnel aged 20-29
The total amount budgeted will be coordinated in cooperation with the City This amount will be paid directly to the
health care professional or medical group and not to the employee
SECTION 6.3 CELL PHONE REIMBURSEMENT
City agrees to reimburse each full-time employee a flat rate of nine dollars($9 00)per month for the use oftheir personal
cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable, the
months will be pro-rated.
Firefighters' MOU 2010-2011 Page 9
221
ARTICLE VII-CLOSING PROVISIONS
ECTI ON 7 1 TERM
The term of this MOU shall commence on July 1 2010 and expire on June 30,2011
SECTION 7.2 SIGNATURES
'his U has been ra X ied and adopted pursuant to the recommendation of the following representatives.
Ass iation Date
Association Date
CITY OF ATASCADKRO
C� Z4t�
Date City Manager
payor Date
Firefighters' MOU 2010-2011 Page 10
222
-
Attachment 4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
LOCAL 620 SERVICE EMPLOYEES
INTERNATIONAL UNION
ATASCADERO CHAPTER
AND
CITY OF ATASCADERO
July 1 , 2010 thru June 30, 2011
223
ARTICLE I - GENERAL PROVISIONS
ShCTION 1.1 PREAMBLE
' 'ii5 Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the "City" and the Local 620 Service Employees International Union
Atascadero Chapter,hereinafter referred to as the"Union"pursuant to California Government Code
A ection 3500, et seq and the City's Employer - Employee Relations Policy The purpose of this
!�,Iemorandum of Understanding(MOU) is the establishment of wages,hours and other terms and
::,onditions of employment.
The City and Union agree that the provisions of this MOU shall be applied equally to all employees
s�overed herein without favor or discrimination because of race, creed, color, sex, age, national
origin,political or religious affiliations or association memberships. Whenever the masculine gender
s used in this MOU it shall be understood to include the feminine gender
SECTION 1.2 RECOGNITION
The City of Atascadero recognizes the Union as the recognized and exclusive representative for
the following classifications
• Account Clerk I • Finance Technician Specialist
f Account Clerk II • GIS Analyst I • Senior Zookeeper
• Administrative Assistant • Inspector • System Administrator III
• Administrative Secretary 0 Maintenance Leadworker • Technical Trainer II
• Administrative Support • Maintenance Worker I • Technical Support
Assistant 0 Maintenance Worker II Specialist
Assistant Planner • Office Assistant 1 0WWTP Operator I
Associate Planner • Office Assistant II 0 WWTP Operator II
Building Maintenance • Office Assistant III • WWTP Operator III
Specialist • Permit Coordinator 0 WWTP Operator in Training
Building Inspector I • Planning Technician • Zoo Education Curator
Building Inspector II . Public Works Technician • Zoo Facilities Maintenance
• Building Inspector III • Recreation Coordinator Technician
Bldg Insp/Plans Examiner • Registered Veterinary • 'Zookeeper I
Central Receptionist Technician 0Zookeeper II
Engineering Technician 1 • Senior Planner
• Engineering Technician II • Senior Technical Support
This recognition is exclusive of management employees confidential employees and temporary
employees
The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters
relating to the scope of representation under the Meyers-Milias-Brown Act(Government Code
Section 3500, et seq), and as provided under the City's Employer-Employee Relations Policy
EiU MOU 2010 2011 Page 1
224
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful
or unenforceable, the City and the Union agree to meet and confer in a timely manner in an
attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU
SECTION 1.4 SOLE AGREEMENT
a. The City and the Union agree that to the extent that any provision addressing wages,hours, and
terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found
outside this MOU and are in conflict thereof,this MOU shall prevail.
b If,during the term of the MOU,the parties should mutually agree to modify, amend,or alter the
provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the Union.
Any such changes validly made shall become part of this MOU and subject to its terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaming under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in
full force and effect during the term of this MOU unless changed by mutual agreement.
b The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Union.
SECTION 1.6 GENERAL PROVISIONS
The parties agree to meet and confer with respect to any subject or matter within the scope of
representation upon request. Provided, however, that any changes which fall within the scope of
representation shall be by mutual agreement.
Except as set forth in this Memorandum of Understanding, and unless the Union agrees to reopen
negotiations on a particular bargaining subject,the parties agree that there shall be no changes during
the life of this MOU in the wage rates,benefits,or other terms and conditions of employment subject
to the meet and confer process
SEIU MOLD 2010-2011 Page 2
225
in the event any new practice, subject or matter arises during the term of this agreement which is
ti,e scope of representation and an action is proposed by the City,the Union shall be afforded
all possible advance notice and shall have the right to meet and confer upon request. In the case of
ar. 1—ners;�ncy and, in the absence of an agreement on such a proposed action, the City reserves its
ta-'i..iagement rights to take any action(s)deemed necessary and the Union reserves its rights to
taKe any lawful action deemed necessary
.=:" T•a)-'tr7U 2010-2011
Page 3
226
. ... .._._ ..._ . . -. .._ -
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 UNION RIGHTS
The Union shall have the following rights and responsibilities
a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating
to matters within the scope of representation proposed to be adopted by the City Council.
b Reasonable use of one bulletin board at each work site for employees covered by this MOU
c The right to payroll deductions made for payments or organization dues and for City approved
programs
d. The use of City facilities for regular,normal and lawful Union activities,providing that approval
of the City Manager or his/her designee has been obtained.
e Reasonable access to employee work locations for officers of the Union and their officially
designated representatives for the purpose of processing grievances or contacting members of the
organization concerning business within the scope of representation. Access shall be restricted
so as not to interfere with the normal operations of any department or with established safety or
security requirements
f The City will give reasonable notice to the Union if it intends to contract out the functions
currently performed by employees within the Unit. Upon request, the City will meet with the
Union to explain the reason for the decision to contract out and to solicit Union views on the
proposal Nothing in this Section shall be construed to limit the rights of the City Council to
contract out work in its sole discretion.
g. Agency Shop/Fair Share
The City shall notify the union when employees are newly assigned into the unit. The notice
shall include the employee's name,Department and division and the date of entry into the unit.
an Agency
nit subsequent to the effective date of g y
Employees transferred or hired into the u q
Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to
comply with its terms
Unless a unit employee has a)voluntarily submitted to the City an effective dues deduction
request, b) individually made direct financial arrangements satisfactory
to the Union as
evidenced by notice of the same from the Union to the City; or c) qualified for exemption
upon religious grounds as provided below,upon notice from the Union the City shall process
a mandatory agency fee payroll deduction in the appropriate amount and forward that amount
to the Union.
SEIU MOU 2010 2011 Page 4
227
The amount of the fee to be charged shall be determined by the union subject to applicable
law- and shall therefore not exceed the normal periodic membership dues,initiation fees,and
general assessments applicable to union members
s to "core" fee-payers, the agency fee charged shall not reflect expenditures which the
Courts have determined to be non-chargeable. The union shall comply with applicable law
ce,garding disclosure and allocation of its expenses and notice to employees of their right to
object and pay only the"core fee"
The Union shall make available an administrative appeals procedure to unit employees who
object to the calculation of the "core fee" Such procedure shall provide for an impartial
decision by a representative of the State Mediation &Conciliation Service(SMCS) Such
appeals maybe consolidated and shall be heard not less often than once per year A copy of
such procedure shall be made available upon request by the Union to unit employees
The City shall promptly remit to the Union all monies deducted under this Article,
accompanied by a list of employees for whom such deductions have been made The City
shall make every reasonable effort to distribute to each new employee in the unit a letter,
supplied by the union, which describes the agency fee obligation.
/Any of the above-described payment obligations shall be processed by the City in the usual
and customary manner and time frames utilized for dues deductions
Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire
pay period or more shall have agency shop fees suspended. Fee deductions shall have the
same priority as dues deductions in the current hierarch for partially compensated pay
periods
Religious Exemption from Agency Fee Obligations
R) Any employee who is a member of a religious body whose traditional tenets or teachings
include objections to joining or financially supporting employee organizations shall not
be required to meet the above agency fee obligations, but shall pay be means of
mandatory payroll deduction an amount equal to the agency fee to a non-religious,non-
labor charitable organization exempt from taxation under Section 501 (c) (3) of the
Internal Revenue Code,as designated by the employee from a list provided by the Union
showing authorized deduction agencies as agreed upon between the City and the Union.
t>) To qualify for the religious exemption the employee must provide to the Union, with a
copy to the City, a written statement of objection, along with verifiable evidence of
membership in a religious body as described above The Union will implement the
change in status within thirty days or alternatively,notify the employee and the City that
the requested exemption is not valid.
NIOU 2910-2011 Page 5
228
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to the exclusive right to determine
the standards of service, determine the procedures and standards of selection for
employment and promotion, direct its employees, take disciplinary action for "dust
cause", relieve its employees from duty because of lack of work or for other legitimate
reason, maintain the efficiency of governmental operations, determine the methods,
staffing and personnel by which governmental operations are to be conducted,determine
the content of fob classifications, take all necessary actions to carry out its mission in
emergencies, exercise complete control and discretion over its organizations and the
technology of performing its work,provided,however,that the exercise and retention of
such rights does not preclude employees or their representatives from consulting or
raising grievances over the consequences or impact that decisions on these matters may
have on wage,hours and other terms of employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the
City employees covered by this Agreement are essential to the public health, safety and
general welfare of the residents of the City of Atascadero Union agrees that under no
circumstances will the Union recommend, encourage, cause or promote its members to
initiate,participate in,nor will any member of the bargaining unit take part in,any strike,
sit-down, stay-in, sick-out, slow-down,or picketing(hereinafter collectively referred to
as "work-stoppage) in any office or department of the City, nor to curtail any work or
restrict any production, or interfere with any operation of the City In the event of any
such work stoppage by any member of the bargaining unit,the City shall not be required
to negotiate on the merits of any dispute which may have risen to such work stoppage
until said work stoppage has ceased.
b In the event of any work stoppage,during the term of this MOU,whether by the Union or
by any member of the bargaining unit, the Union by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized,and
further direct its members in writing to cease the said conduct and resume work. Copies
of such written notices shall be served upon the City If in the event of any work
stoppage the Union promptly and in good faith performs the obligations of this
paragraph, and providing the Union has not otherwise authorized, permitted or
encouraged such work stoppage,the Union shall not be liable for any damages caused by
the violation of this provision. However,the City shall have the right to discipline,up to
and including discharge,any employee who instigates,participates in,or gives leadership
to, any work stoppage activity herein prohibited,and the City shall also have the right to
seek full legal redress, including damages, against any such employees.
SEIU MOU 2010 2011 Page 6
229
SECTION 2.4 RESPECTIVE RIGHTS
The parties agree that during the term of this agreement,upon a request by either party,they
shall reopen negotiations on changes to the Personnel Rules and Regulations Provided,
however that the City shall not modify the Personnel Rules and Regulations subject to meet
and confer without mutual agreement.
SEIU MOU 2010 2011 Page 7
23
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period shall be seven(7)days with a maximum non-overtime of forty(40)
hours
b Shift Change Notification
The City shall give employees reasonable,but at a minimum, a 72-hour notice of routine
shift changes. Emergency shift changes shall be made on an as needed basis.
c. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for
each four (4) hours worked. Insofar as practical rest period shall be in the middle of each
work period. Rest periods cannot be used in conjunction with meal periods, nor may rest
periods be taken during the employee's first or last hour of work.
Any employee required to work more than sixteen (16) hours within a twenty-four hour
period shall be entitled to an eight hour rest period prior to returning to work. If any portion
of the eight-hour rest period occurs during the employees' regularly scheduled work hours,
the employee shall receive normal compensation for that time This section shall not apply in
the case of emergencies
d. Missed Rest Periods and Mealtime
Regular fifteen-minute rest periods are paid time, therefore nothing in this section provides
for or implies any additional compensation or benefits if a rest period is not taken.
SECTION 3.2 OVERTIME
a. Rate
Overtime, shall be compensated at the rate of time and one-half the regular rate of pay All
overtime shall be recorded and paid in the following manner-
1 to 15 minutes, overtime compensation—i/a hour
16 to 30 minutes, overtime compensation—1/2hour
31 to 45 minutes, overtime compensation—3/a hour
46 to 60 minutes, overtime compensation— 1 hour
SEIU MOU 2010 2011 Page 8
231
b Hours Paid
Overtime shall be paid after forty(40)hours worked in a work period. Paid time off shall be
considered time worked for overtime purposes
c Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the City and the
employee.Employees may accumulate a maximum of eighty(80)hours in their CT account.
d. Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels
SECTION 3.3 CALLBACK PAY
mployees who are called to duty at a time they are not working, and not on standby duty, shall be
Jmpensated a minimum compensation of two (2)hours at time and one-half rate of pay
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive thirty-five dollars($35 00)for each day of
standby duty
b Call-out While on Stand-by
Employees who are called to duty at a time they are not working shall be compensated a
minimum of two (2) hours at straight time Employees working in excess of one hour
and twenty minutes once called back shall receive time and one-half pay for hours
worked in excess of one hour and twenty minutes,or two hours straight time whichever
is greater
SECTION 3.5 PATCMNG/PAVING WORK
The City shall make a reasonable attempt to schedule patching work during days/times when
�mperatures are not expected to exceed 100 degrees It is mutually understood that employees
-,,-,,orkmg with paving contractors must adhere to the contractors' work schedules.
.II1 MOU 2010-2011 Page 9
7G
ARTICLE IV- PAY PROVISIONS
SECTION 4.1 SALARY
This one (1) year agreement shall provide for no salary increases in this period.
The following monthly salaries shall remain in effect:
C �'ICATT(l ( ' ,y 51'ElP''A, TEIj ST+P° "STEP�k
Account Clerk I 2,678.99 2.812.94 2,953.57 3,101.27 3,256.31
Account Clerk II 2,953.58 3,101.28 3,256.31 3,41913 3,590.10
Administrative Assistant 3,679.87 3,863 85 4,057.04 4.259.85 4,472.87
Administrative Secretary 3,101.28 3.256.32 3,419 13 3,590.10 3.769.58
Administrative Support Assistant 3,101.28 3,256.32 3.419.13 3,590.10 3,769.58
Assistant Planner 3,863 85 4,05706 4,25987 4,472.87 4,696.50
Associate Planner 4,472.90 4.696.54 4,931.35 5,17790 5.436.78
Building Inspector 1 3,863 85 4,05706 4,25987 4,472.87 4,696.50
Building Inspector II 4,25992 4,472.90 4,696.51 4,931.34 5,17790
Building Inspector/Plans Examiner 4,363 78 4,58197 4,81107 5,051 61 5.304 19
BuildinE Maintenance Specialist 3.101.28 1 3.256.32 3,41913 3,59010 3,769.58
Central Receptionist 2,953.58 1 3,101.28 3,256.31 3,419 13 3.590 10
Engineering Technician 1 3,101.28 3,256.32 3,419 13 3,590 10 3.769.58
Engineering Technician 11 3,50463 3,67997 3,863 83 4.057.03 4,259.85
Finance Technician 3,67987 3,863.85 4,05704 4,25985 4,472.87
GIS Analvst 1 4,15598 4,363 78 4.58196 4.811 07 5,051 61
Inspector.__ 3,863 85 4,05706 4,25987 4,472.87 4,696.50
Maintenance Leadworker 4,057.06 4,25992 4.472.88 4,696.50 4,931.34
Maintenance Worker I 2,74596 2,883.26 3,02741 3,178.77 3,337 72
Maintenance Worker II 3,101.28 3,256.32 3,419 13 3,590 10 3,769.58
Office Assistant I 2,55140 2,678.99 2,812.93 2,953.57 3,101.27
Office Assistant 11 2,812.94 2,953.58 3.101.27 3.256.31 3,419 13
Office Assistant I11 I 2,953.58 3,101.28 3.256.31 3,419 13 3,590 10
i
Permit Coordinator 3,02744 3,178.81 3,33773 3,50460 3,679 83
Recreation Coordinator 3,50463 3,679.87 3,86383 4,05703 4.259 85
Registered Veterinary Technician 3,027.44 3,178.81 3,33773 3,50460 3,679.83
Senior Planner 5,177.94 5,436.85 51708.63 1 599408 6,293 78
Senior Technical Support Specialist 1 3,863:85 4,05706 4,259.87 4,472.87 4,696.50
SEW MOU 2010 2011 Page 10
233
Fenior Zookee er 3,590 11 3,769.59 3,958.06 4,155 97 4,363 77
1 Sv.,zems Administrator Ill 5,17794 5,436.85 5,708.63 5,99408 6,29378
I Technical Support Specialist 3,178.81 3,33775 3,504.61 3,67983 3,863.82
Tf>,I-,nical Trainer II 3,67997 3,863 85 4,05704 4,259.85 4,472.87
bt WTP Operator I 3,337 75 3,50463 3,679.86 3,863.82 4.05703
:VV7TP Operator II 3,67987 3,863.85 4,05704 4,25985 4,472.87
WWTP Operator 111 4,05706 4,25992 4,472.88 4,696.50 4,931.34
VrWTP Operator in Training 2,953.58 3,101.28 3,256.31 3,419 13 3,59010
Zoo Education Curator 2,812.94 2,953.58 3,101.27 3,256.31 3,419 13
Zoo Facilities Maintenance Tech. 2,745.96 2,883.26 3,02741 3,178.77 3,33772
Zookee er I 2,745 96 2,883.26 3,027 41 3,178.77 3,33772
,-.(;,)keeper11 3,101.28 3,256.32 1 3,419 13 3,59010 3,769.58
SEW MOU 2010 2011 Page 11
234
a. Movement between steps shall be at twelve-month intervals and subject to satisfactory
performance The initial step movement after hiring,however, shall be after twelve months or
after completion of probation,whichever occurs later Employees may receive step increases at a
period of less than twelve (12) months upon recommendation of the department head and
approval of the City Manager
b An employee who is promoted shall receive a salary increase of at least one step (5%)
Therefore,the employee shall be placed on step"A",or that step which produces at least a one
step salary increase.
c The parties agree that the salary survey jurisdictions for unit classifications under this M.O U
shall be the cities of Arroyo Grande,Atascadero,Grover Beach,Morro Bay,Paso Robles,Pismo
Beach,and San Luis Obispo An updated salary survey will be provided to SEN in April,2011
SECTION 4.2 EDUCATION INCENTIVE PAY
a. Employees shall be reimbursed up to $400 00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the
coursework is job-related, and the employee received a passing grade
SECTION 4.3 RETIREMENT
a. Effective November 2003,the City began paying and reporting the value of Employer Paid
Member Contributions (EPMC) as described in Resolution No 2003-058
b Effective July 1, 2007, employees are provided retirement benefits through the California
Public Employees Retirement System (CalPERS) pursuant to the 2 5% @ 55 formula,
including the One Year Final Compensation (Section 20042) and Credit for Unused Sick
Leave (Section 20965) benefits The City will pay 5 85% of the employee contribution of
eight percent(8%) Employees will pay the remaining 2 15%of the employee contribution.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the
accumulation.
b Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well
Bonus The Stay Well Bonus will be implemented as follows
1 The sick leave pay-off will occur during the 52-week period beginning the first day after the
second pay period in October and ending on the last day of the second pay period in October
of the following year after an employee has accumulated and maintained 384 hours sick
leave
SEIU MOU 2010 2011 Page 12
235
Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third(1/3)of the unused annual allotment of sick leave (The annual allotment
is 95 94 hours) Checks will be prepared by December 15 of each year
3 In the event an employee covered by this agreement donates up to 12 days of sick leave in
any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days
accumulation for eligibility to receive the incentive payoff for that year
In any calendar year, an employee may use accrued sick leave, up to the amount earned during
six months of employment,to attend to the illness of a child,parent, or spouse of the employee.
In extenuating circumstances, sick leave to be used for dependent care may be requested by the
employee to their Department Head,who shall make a recommendation to the City Manager for
final approval.
SECTION 4.5 VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows
Years of Service Accrual Rate
Less than 3 years 10 days/yr or 3 08 hrs/pp
3 years completed 12 days/yr or 3 69 hrs/pp
5 years completed 14 days/yr or 4 31 hrs/pp
7 years completed 16 days/yr or 4 92 hrs/pp
9 years completed 18 days/yr or 5 54 hrs/pp
11 years completed 20 days/yr or 6 15 hrs pp
The above schedule is based on full-time employment. Regular part-time employees shall receive
vacation accrual on a pro-rated basis.
b Employees shall be entitled to vacation leave consistent with the City Personnel Rules and
Regulations
c. It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head
subject to the needs of the City
EIU MOU 2010 2011 Page 13
236
SECTION 4.6 HOLIDAYS
(a) The City shall recognize the following days as official City holidays
Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr Birthday 3rd Monday in January
Lincoln's Birthday 2nd Monday in February
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day lst Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Day December 25
"Floating" Holiday Off As Scheduled, Accrues January 1
a. Each unit member employed by the City as of January 1st of each year shall be eligible for one
floating holiday (8 hours) Accrual shall be pro-rated for employees in permanent part-time
positions Floating holidays must have prior department approval and shall be consistent with
the efficient operation of the department. The floating holiday may be used between January 1
and December 31 of each year
b All employees who are covered under this contract and are required by their supervisor to work on
a City holiday shall be paid time and one-half 1'/2 their base hourly rate for the hours worked on the
holiday, plus compensation for the holiday
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the Cit
Personnel Rules and Regulations
in the event of death of his/her spouse,child,step-child,parent,grandparent,grandchild,son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or
significant other
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law All
employees entitled to military leave shall give the appointing power an opportunity within the limits
of military regulations to determine when such leave shall be taken.
SEW MOU 2010 2011 Page 14
237
S' ,CTION 4.9 WORK GLOVES
The City shall continue to provide employees with leather palmed work gloves The City shall issue
rwgulations establishing reasonable standards for provision of the gloves,replacement of gloves,and
the maximum number of gloves made available during any fiscal year
SECTION 4.10 WORK SHOES
The City shall contribute One-Hundred and Forty-five($145 00)Dollars per fiscal year for the purchase
off,appropriate footwear to employees in the following positions
• Building Maintenance Specialist
• Building Inspector I, II, III
• Building Inspector/Plans Examiner
• Inspector
• Maintenance Leadworker
• Maintenance Worker I& URegistered Veterinary Technician
• Senior Zookeeper
• WWTP Operator I, II, III
• WWTP Operator-in-Training
• Zoo Facilities Maintenance Technician
• Zookeeper I&II
Proof of purchase is required. Once purchased, such appropriate footwear must be worn while
working.
SECTION 4.11 SAFETY GLASSES
The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA
:standards,for those employees required to wear them. Maximum reimbursement shall be$250 00 As
approved by the Department Head, the City shall replace prescription glasses as needed due to
prescription changes or if the glasses are damaged while being used in the course of duties. If the
glasses are damaged due to the negligence of the employee, he/she shall be required to pay the
replacement cost. The employee is responsible for obtaining necessary prescriptions.
SECTION 4.12 COMPUTER PURCHASE
The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow
.employees to purchase hardware and work-compatible software using the City's government discount.
All costs shall be the responsibility of the employee.
u1 MOU 2010-2011 Page 15
238
SECTION 4.13 CERTIFICATION
The City shall continue its practice of providing reasonable work time and payment for
obtaining/maintaining fob-related certifications. Travel expenses will be paid pursuant to Section
VII of the City's Purchasing Policy Prior Department Head approval is required.
SEIU MOU 2010 2011 Page 16
239
ARTICLE V-HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
z. For unit members who elect to have"Family"coverage, the City shall pay a total of$1,055 53
per month toward the cost of all medical,dental,vision and life insurance benefit premiums for
Fhe unit member employee and dependents for the term of this agreement. City shall pay for
increased costs to medical,dental,vision and life insurance premiums for the employee and fifty
percent (50%) of increased costs for dependents based upon HMO plan costs
b For unit members who elect to have `Employee +1" coverage, the City shall pay a total of
$959 82 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent for the term of this agreement.City shall
pay for increased costs to medical, dental, vision and life insurance premiums for the employee
and fifty percent(50%) of increased costs for the dependent based upon HMO plan costs
c For unit members who elect to have"Employee Only" coverage, the City shall pay an amount
not to exceed$783 17 per month toward the cost of all medical,dental,vision and life insurance
benefit premiums for the unit member employee for the term of this agreement.City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee based
upon HMO plan costs
Available funds remaining from the City's contribution toward insurance coverage shall be paid
to an employee hired on or before September 1,2000 as additional compensation. This amount
shall not exceed $240 56 per month,
d. The City shall provide term life insurance coverage for each employee in a total amount of thirty
thousand ($30,000) during the term of this agreement.
"i he City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in a total amount of one thousand($1,000)dollars per dependent during the term of this
agreement.
The Medical Insurance Committee shall be comprised of one representative from each of the
bargaining units (as designated by the bargaining unit) and one from the City The Committee
;hall regularly review the health plan and study health insurance issues including,but not limited
to, Health Maintenance Organizations (HMO's), cost containment, etc , and make
recommendations to the City Manager
g. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a
Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The
plan will enable an employee to on a voluntary basis, cover additional out of pocket premium
expenses for insurance through pretax payroll dollars
Mate Disability Insurance — The City shall provide State Disability Insurance as a payroll
deduction of each employee State Disability Insurance shall be integrated with sick leave with
the objective of providing full compensation.
E-';MOU 2010-2011 Page 17
SECTION 5.2 UNIFORMS
The City shall provide uniforms to Unit employees and replace them on an as needed basis,for those
employees required to wear uniforms. Jackets will be included as part of the uniform provided.
SECTION 5.3 PROBATION
The probationary period for newly hired employees shall be twelve months. The probationary period
for employees promoted to a higher classification shall be six months in the new classification. The
City shall have the option of granting a newly hired employee regular status at any time after nine(9)
months of service
SEIU MOU 2010 2011 Page 18
241
:n lZ'TICLE VI - CLOSING PROVISIONS
SECTION 6.1 TERM
The term of this MOU shall commence on July 1, 2010 and expires June 30, 2011
I
SECTION 6.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives
SEIU Date SULU Date
n
X
SEIU' Date SEIU Date
SEIU Date SEIU Date
Tye OF ATASCA RO „
61,22-110
--,2Z-/lam
oberta Fonzi Date Made McKinney Date
Mayor City Manager
zL PROVED AS TO FORM
Brian Pierik Date
City Attorney
SE1U MOU 2010 2011 Page 19
242
Attachment 5
RESOLUTION NO. 2009-048
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ESTABLISHING THE COMPENSATION AND
BENEFIT PLAN FOR NON-REPRESENTED PROFESSIONAL AND
MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES,
EFFECTIVE JULY I, 2009 -JUNE 30, 2011
WHEREAS, the Government Code of the State of California prescribes a procedure for
discussing and resolving matters regarding wages, hours and other terms and conditions of
employment; and
WHEREAS, the City Personnel Rules and Regulations provided for a Compensation
Plan; and
WHEREAS, the City desires to set forth salaries and benefits for Non-Represented
Professional and Management workers and Confidential Employees;
WHEREAS, the City Council adopted Resolution 2007-069 on July 24, 2007
establishing the compensation and benefit plan for non-represented professional and
management workers and confidential employees, and this resolution needs to be amended to
include changes to the salary schedule and retirement plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero that all prior Resolutions for non-represented employees are repealed; and the
Professional and Management Staff and Confidential Staff Compensation and Benefit Plan is
hereby established as follows:
Positions
The following positions are included in this Resolution. The City Manager and Department
Heads have individual employment agreements defining other terms and conditions of
employment not described herein.
Executive Management Positions
Administrative Services Director
Assistant City Manager
Assistant to the City Manager
City Manager
Community Development Director
Community Services Director
Fire Chief
Police Chief
Public Works Director
243
City of Atascadero
ge.solution No.2009-048
°,ge2of7
Management Positions
Deputy Administrative Services Director
Deputy Community Development Director
Deputy Executive Director of the Redevelopment Agency
7Dputy Public Works Director
Dolice Commander
Zoo Director
Confidential (Includes only designated positions within the classifications)
Accounting Specialist
Administrative Assistant
Finance Technician
Personnel Analyst
SJaries
gar the period of July 1, 2009 through June 30, 2011 executive management salaries will be
voluntarily reduced by 3%. In exchange for this 3% reduction, executive management
;mployees will receive 62 hours of administrative leave. This administrative leave cannot be
exchanged for cash and cannot be carried over past the end of each fiscal year. If an Executive
''Management employee separates from the City during the period of this resolution, leave and
other related payouts will be made based on the salary schedule effective on June 30, 2009. For
the period of July 1, 2009 through June 30, 2011, there will be no change in salary for
Management and Confidential positions.
Administrative Assistant-Confidential 3,769.59 3,958.07 4,155.97 4,363.77 4,581.96
;Finance Technician-Confidential 3,769.59 3,958.07 4,155.97 4,363.77 4,581.96
ccountin Specialist 4,155.98 4,363.78 4,581.97 4,811.07 5,051.62
Personnel Analyst 5,177.94 5,436.84 5,708.68 5,994.11 6,293.82
Zoo Director 5,928.75 6,225.19 6,536.45 6,863.27 7,206.43
Assistant to the City Manager 6,494.98 6,819.73 7,160.72 7,518.76 7,894.70
Deputy Administrative Services Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85
Deputy Community Development Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85
Deputy Executive Director of the Redevelopment 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85
De ut Public Works Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85
Police Commander 7,356.15 7,723.96 8,110.16 8,515.67 8,941.45
Fxdministrative Services Director 8,289.43 8,703.90 9,139.10 9,596.06 10,075.86
ffCommunity Develo ment Director 8,289.43 8,703.90 9,139.10 9,596.06 10,075.86
Community Services Director 8,289.43 8,703.90 9,139.10 9,596.06 10,075.86
Public Works Director 8,289.43 8,703.90 9,139.10 9,596.06 10,075.86
;Assistant City Manager 8,703.91 9,139.11 9,596.07 10,075.87 10,579.66
ire Chief 9,106.86 9,562.20 10,040.31 10,542.33 11,069.45
Palice Chief 9,106.86 9,562.20 10,040.31 10,542.33 11,069.45
!City Manager 10,775.57 11,314.35 11,880.07 12,474.07 13,097.77
i
244
City of Atascadero
Resolution No. 2009-048
Page 3 of 7
Work Period
The normal work period for non-exempt employees shall be seven (7) days with a maximum
non-overtime of forty (40) hours.
Overtime Rate
Overtime for non-exempt employees, shall be compensated at the rate of time and one-half the
regular rate of pay. All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation—'/4 hour
16 to 30 minutes, overtime compensation —t/2 hour
31 to 45 minutes, overtime compensation —3/hour
46 to 60 minutes, overtime compensation— 1 hour
Overtime Hours Paid
Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work
period. Paid time off shall be considered time worked for overtime purposes.
Schools/Training/Conferences
Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an
out-of-town school shall not constitute overtime hours worked.
Compensatory Time (CT)
Notwithstanding the provisions of this section, non-exempt employees may be granted CT for
overtime credit computed at time and one-half at the mutual convenience of the City and the
employee. Non-exempt employees may accumulate a maximum of eighty (80) hours in their CT
account.
Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
Deferred Compensation
The City will match an eligible employee's contribution to a deferred compensation program.
The match will be up to a maximum of $1,000 annually for executive management employees
and $500 annually for management employees. All deferred compensation contributions are
fully vested in the employee and shall not be available to the City.
245
Cita of Atascadero
Resolution No.2009-048
Page 4 of 7
Health Benefits
t. For unit members who elect to have "Family" coverage, the City shall pay a total of
$1,066.39 per month toward the cost of all medical, dental, vision and life insurance
benefit premiums for the unit member employee and dependents for the term of this
agreement. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent (.50%) of increased costs for dependents
based upon HMO plan costs.
2. For unit members who elect to have `Employee +1" coverage, the City shall pay a total of
$919.05 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent for the term of this agreement.
City shall pay for increased costs to medical, dental, vision and life insurance premiums
for the employee and fifty percent (50%)of increased costs for the dependent based upon
HMO plan costs.
3. For unit members who elect to have "Employee Only" coverage, the City shall pay
amount not to exceed $498.22 per month toward the cost of all medical, dental, vision
and life insurance benefit premiums for the unit member employee for the term of this
agreement. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee based upon the HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall
be paid to an employee hired on or before September 1, 2000 as additional compensation.
This amount shall not exceed $246.76 per month.
4. The City of Atascadero has established a Post Retirement Health Benefit for Executive
Management (City Council, City Manager and Department Heads). The City agrees to
reimburse the retiree for retiree and/or retiree's dependent health (medical/dental/ vision)
insurance premiums, disability insurance, long-term health care or life insurance
premiums in a method determined by the Administrative Services Director following
retirement.
The program parameters are:
❑ The benefit is available upon retirement from PERS or other similar retirement
program after age 50;
❑ The employee must have served for 8 years with the City of Atascadero;
❑ The benefit extends between the date of retirement and age 65;
❑ The current benefit is $200.00 monthly.
Life Insurance
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000).
i
f he City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000) per dependent.
246
City of Atascadero
Resolution No. 2009-045
Page 5 of 7
Long-Term Disability Insurance
The City shall provide a City-paid program to provide Long-Term Disability Insurance for
Executive Management and Management employees.
Leave
Administrative Leave. Executive Management Employees, Management Employees and the
Personnel Analyst will receive Administrative Leave, which will vest as of July 1 annually.
Except as provided below, Administrative Leave will not be carried over or accrue from one
fiscal year to the next. If an employee is unable to use his/her Administrative Leave prior to the
end of the fiscal year for work related reasons beyond his/her control, said leave will be carried
over into the next fiscal year for a period not to exceed three (3) months. Said time will be
available to the employee for use during that period, but will not be accrued for the purpose of
payoff in the event of termination. In the event an employee covered by this Agreement is
employed after January 1 of the fiscal year, the employee shall be eligible for one half of their
annual allotment of Administrative Leave. Employees shall receive Administrative Leave at the
following annual rates:
• Executive Management shall receive 80 hours plus 62 hours of leave in lieu of salary.
• Management Employees and the Personnel Analyst shall receive 48 hours.
Vacation Leave. Employees shall receive vacation leave consistent with the Personnel Rules and
Regulations.
Holidays. Employees shall receive vacation leave consistent with the Personnel Rules and
Regulations.
Sick Leave.
1. Sick leave accumulates at a rate of 3.69 hours per pay period. There is no limit to the
accumulation.
2. Stay Well Bonus. Employees with 384 or more hours of accumulated sick leave shall be
eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows:
a. The sick leave pay-off will occur during the twelve- (12) month period beginning the first
day after the second pay period in October and ending on the last day of the second pay
period in October of the following year after an employee has accumulated and
maintained 384 hours of sick leave.
b. Once the eligibility requirements have been met, an employee may opt to receive a pay-
off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual
allotment is 95.94 hours).
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City of Atascadero
h"soiution No. 2009-048
Page 6 of 7
c. Checks will be prepared by December 15 of each year.
3. Sick Leave Payback. When an executive management employee, a management employee
or confidential employee terminates employment in good standing, after five (5) years of
continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave.
Bereavement Leave
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and
Regulations in the event of death of his/her spouse, child, stepchild, grandchild, parent,
grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-
in-law, sister-in-law or significant other.
Retirement
Employees will be provided retirement benefits through the California Public Employees
Petirement System (CalPERS) pursuant to the 2.5% @ 55 formula including the One Year Final
_ompensation (Section 20042) and Credit for Unused Sick Leave (Section 20965) benefits. The
Tty will pay 5.85% of the employee contribution of eight percent (8%). Employees will pay the
';i?Iaining 2.15% of the employee contribution.
Education Incentive Pay
Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the
;oursework is job-related, and the employee received a passing grade.
Oniform/Safety Equipment Allowance
The City shall provide an annual uniform allowance of eight hundred dollars ($800) for
Police Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief.
Upon initial hire the employee will receive $800/$8.50. In the second year the amount will be
prorated based upon the actual number of months employed in the prior year. When an
employee separates from the City the Uniform Allowance will be prorated based upon the
number of months worked in the then current fiscal year.
The City will make a lump sum payment of the uniform allowance no later than the second
payday in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are
required to seek reimbursement through the courts with all practical diligence.
d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify
that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police.
Employees already owning a vest shall continue to use them until repair or refurbishment
becomes necessary, as determined by the Chief of Police.
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City of Atascadero
Resolution No. 2009-048
Page 7 of 7
e. Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to
providing rain gear including rain boots.
On motion by Council Member O'Malley, and seconded by Council Member Fonzi, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members, Clay, Fonzi, Kelley, O'Malley and Mayor Beraud
NOES: None
ABSENT: None
ADOPTED: June 9, 2009
CITY OF ATASCADERO
r
Ellen Beraud , Mayor
ATTEST:
Marcia McClure.Torgerson, C.M.C., ty Clerk
M
AS T O
Brian A. Pierik, City Attorney
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