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ARCHIVE COPY
_ CITY CLERK
o� I
- CITY OF AT,4SCAD RO
CITY COUNCIL.
AGENDA
Tuesday, November 9, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
CITY COUNCIL CLOSED SESSION: 5:30 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators
(Govt. Code Sec. 54956.8)
Property APN#045-312-034
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: Wells Fargo Bank
Under Negotiation: Instruction to negotiator will concern price and terms
of payment.
4. CLOSED SESSION --ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
1
6. CLOSED SESSION -- REPORT
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Malley
ROLL CALL: Mayor Fonzi
Mayor Pro Tem O'Malley
Council Member Beraud
Council Member Clay
Council Member Kelley
APPROVAL OF AGENDA: Roll Call
PRESENTATION:
1. 2010 Regional Transportation Plan and Preliminary Sustainable
Communities Strategy (2010 RTP-PSCS), presented by Steve
Devencenzi, Planning Director, San Luis Obispo Council of
Governments
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
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Meeting Draft Action Minutes — October 26, 2010
■ Recommendation: Council approve the City Council Meeting Draft
Action Minutes of October 26, 2010. [City Clerk]
2
2. September 2010 Accounts Payable and Payroll
■ Fiscal Impact: $2,585,115.50.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for September 2010. [Administrative
Services]
3. September 2010 Investment Report
■ Fiscal Impact: None.
• Recommendations: Council receive and file the City Treasurer's report
for quarter ending September 2010. [Administrative Services]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
i reserved for persons wanting to
COMMUNITY FORUM: (This portion of the meting s N g
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
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: None.
C. MANAGEMENT REPORTS:
1. Funding for San Luis Obispo County Library - Atascadero
■ Fiscal Impact: The appropriation is $197,900 in Library Expansion
Facilities Fees Funds and $57,000 in General Funds. These funds have
been earmarked for Library expansion and will not impact other City
operations.
■ Recommendations: Council:
1 . Authorize the Director of Administrative Services to appropriate
$57,000 of the City's General Fund toward the City's contribution of
the library expansion project; and,
2. Authorize the Director of Administrative Services to appropriate
$197,900 of the City's Library Expansion Facilities Fees Fund toward
the City's contribution of the library expansion project. [City Manager]
3
2. Tobacco Retail Business Compliance Plan
■ Fiscal Impact: There will be minor costs including increased staff hours
resulting from the additional focus placed on educating and warning
tobacco retailers.
■ Recommendations: Council:
1. Direct staff to initiate intermediate steps by firmly working with the
tobacco business retailers in Atascadero to explore and implement
alternatives, options, and opportunities to comply with State law
concerning the sale of tobacco products; and,
2. Direct staff to return to Council with their findings in June 2011 .
[Police]
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 Fonzi
1. Air Pollution Control District
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Mayor Pro Tem O'Malley
1. League of California Cities — Council Liaison and CITIPAC Board Member
2. SLO Council of Governments, President (SLOCOG)
3. SLO Regional Transit Authority, President (SLORTA)
Council Member Beraud
1. City / Schools Committee
2. Integrated Waste Management Authority (IWMA)
Council Member Clay
1. City / Schools Committee
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. Atascadero Youth Task Force
3. Homeless Services Oversight Council
4
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
A. Commissioner Attendance Report
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 November 9, 2010 Regular Session of the Atascadero City Council was
posted on November 2, 2010 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 2nd day of November, 2010, at Atascadero, California.
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 Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO 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
heard by the Council.
6
ITEM NUMBER: A - 1
DATE: 11/09/10
CITY OFATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, October 26, 2010
6:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
Community Redevelopment Agency
Special Meeting: 6:00 P.M.
CitV Council
Regular Session: Immediately following the
conclusion of the Community
Redevelopment Agency
meeting
REGULAR SESSION — CALL TO ORDER: Immediately following the conclusion
of the Community Redevelopment
Agency which begins at 6:00 P.M.
Mayor Fonzi called the meeting to order at 6:18 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
Absent: None
7
ITEM NUMBER: A - 1
DATE: 11/09!10
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, 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
Kelley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Employee Service Recognition Awards
City Manager Wade McKinney presented the following employees their Service Awards:
5 years
John Taylor, Sr. Police Officer
Dean Pericic, Firefighter/Paramedic
Erin McGrath, Police Support Service Tech (dispatcher)
Bridget Jett, Community Development Department
10 rears
Annette Manier, Community Development Administrative Assistant
15 years
Joe Allen, Police Sergeant
Scott Hallett, Fire Captain
25 years
Tom Jamason, Public Works Maintenance Lead
2. SunPower California Valley Solar Ranch Update
Director of Government Affairs Greg Blue presented a brief update on their project.
A. CONSENT CALENDAR:
1. City Council Meeting Draft Action Minutes — October 12, 2010
8
ITEM NUMBER: A - 1
DATE: 11/09/10
■ Recommendation: Council approve the City Council Meeting Draft
Action Minutes of October 12, 2010. [City Clerk]
2. Supplemental Law Enforcement Services Fund
■ Fiscal Impact: Revenue of $100,000 for frontline police services.
■ Recommendation: Council approve the 2010/2011 Supplemental Law
Enforcement Services Fund (SLESF) Grant and attached Allocation Plan
in the amount of $100,000.00. [Police]
3. Streetscape Phase III Award (Cita Bid No. 2009-014)
■ Fiscal Impact: $722,150.00 in budgeted Redevelopment funds and
matching ARRA funds.
■ Recommendations: Council:
1. Award the Base Bid, project areas B and C, in the amount of
$722,150.00, for the Streetscape Phase III project. The project areas
consist of the Atascadero Creek Bridge Sidewalks and EI Camino Real
Paving from the Rosario to the San Jacinto intersections; and,
2. Authorize the City Manager to execute a contract in the amount of
$722,150.00 (Base Bid) with R. Burke Corporation to construct the
Phase III Base Bid improvements noted above; and,
3. Authorize the Public Works Director to file a notice of completion after
the project is completed. [Public Works]
MOTION: By Council Member Kelley and seconded by Council Member
Clay to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-3: Contract No. 2010-
020)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Steve Shively, Jim Patterson,
Wendy Richardson, Joanne Main, Tino Santos, Jim Wilkins, and Donn Clickard.
Mayor Fonzi closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
9
ITEM NUMBER: A - 1
DATE: 11/09/10
C. MANAGEMENT REPORTS:
1. Historic City Hall Project Bid Awards: ACH-03 Basement Wall & Floor
Demolition and ACH-04 Basement Electrical Demolition and
Temporary Power Installation
■ Fiscal Impact: $251,977.57.
■ Recommendations: Council:
1 . Award bid to, and authorize the City Manager to execute a contract
with, Allied Industries in the amount of $178,000.00 for the ACH-03
Basement Wall and Floor Demolition services for the Historic City
Hall Project; and,
2. Award bid to, and authorize the City Manager to execute a contract
with, Rossi and Carr in the amount of $73,977.57 for the ACH-04
Basement Electrical Demolition and Temporary Power Installation
services for the Historic City Hall Project. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Kelley and seconded by Council Member
Beraud to:
1. Award bid to, and authorize the City Manager to execute a
contract with, Allied Industries in the amount of $178,000.00
for the ACH-03 Basement Wall and Floor Demolition
services for the Historic City Hall Project; and,
2. Award bid to, and authorize the City Manager to execute a
contract with, Rossi and Carr in the amount of $73,977.57
for the ACH-04 Basement Electrical Demolition and
Temporary Power Installation services for the Historic City
Hall Project.
Motion passed 5:0 by a roll-call vote. (#1: Contract No. 2010-
021, #2: Contract No. 2010-022)
2. Strategic Planning 2010 -- Update on Council Goals
■ Fiscal Impact: The two-year budget is based on the goals developed
through the strategic planning process. While there is no direct impact
as a result of the approval of this work plan, future budgets will be based
on these goals, and specific projects may require the expenditure of
funds or additional resources.
■ Recommendations: Council:
1 . Provide feedback or additional direction if necessary; and;
2. Receive and file this report on the progress being made relative to
the City Council's three goals. [City Manager]
10
ITEM NUMBER: A -1
DATE: 11109/10
Assistant City Manager Jim Lewis gave the staff report and answered questions from
the Council.
PUBLIC COMMENT: None.
The Council unanimously commended Administrative Services Director Rickard
for all of her hard work. They also thanked all City employees for their team effort
to reduce the City's expenditures. The Council received and filed the report.
3. Revisions to the City's Facility Policies, Procedures and Fees Manual
and Amendments and Additions to Fees for City Services
■ Fiscal Impact: Minimal increase in revenue to the City.
■ Recommendation: Council:
1. Adopt Draft Resolution A amending the City of Atascadero Facility
Policies, Procedures and Fees Manual; and,
2. Adopt Draft Resolution B adding new fees and amending specified
fees for City Services. [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizen spoke on this item: Joanne Main
Mayor Fonzi closed the Public Comment period.
MOTION: B Council Member Beraud and seconded by Mayor Pro Tem
O'Malley to:
1. Adopt Draft Resolution A amending the City of Atascadero
Facility Policies, Procedures and Fees Manual; and,
2. Adopt Draft Resolution B adding new fees and amending
specified fees for City Services.
Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2010-
071, #2: Resolution No. 2010-072)
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Beraud attended an Obesity Summit where they discussed childhood
obesity. She learned about a program called HEAL Cities where cities work on the
obesity issue.
Council Member Clay encouraged everyone to eat at local restaurants. He also praised
staff on the progress they have made since the earthquake.
Council Member O'Malley announced that he attended the retirement party for San Luis
Obispo City Mayor Dave Romero.
11
ITEM NUMBER: A - 1
DATE: 11/09/10
Council Member Clay cautioned everyone to be careful when considering who they are
going to vote for. He asked that they consider the candidates qualifications and to not
get caught up in the rumor mill.
D. COMMITTEE REPORTS:
Mayor Fonzi
County Mayors Round Table — Mayor Fonzi attended an emergency meeting on
Monday of the Council of Mayors for a City Selection Meeting. She wrote a letter
of support from the Mayor regarding the appointment of Mary Ann Reiss to the
Coastal Commission.
Council Member Beraud
City / Schools Committee — Measure I was discussed at their meeting this week.
The School district is also recruiting volunteers.
Council Member Kelley
Homeless Services Oversight Council - They are addressing a plan to help the
homeless in San Luis Obispo County.
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
City Clerk
City Clerk Torgerson announced that the Final Word Candidate Forum, facilitated
by Dr. Tom Shanks, is scheduled for this Thursday, October 28th at 7:00 p.m.
F. ADJOURNMENT:
Mayor Fonzi adjourned the meeting at 8:02 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk /Assistant to the City Manager
12
ITEM NUMBER: A- 2
DATE: 11/09/10
—9
Atascadero City Council
Staff Report - Administrative Services Department
September 2010 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
September 2010.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 09/02/10 Checks # 28181 - 28220 $ 25,690.45
Direct Deposits 264,514.50
Dated 09/16/10 Checks # 28221 - 28254 20,572.00
Direct Deposits 243,365.92
Dated 09/30/10 Checks # 28255 - 28290 25,782.07
Direct Deposits 250,828.85
Accounts Payable
Dated 09/01/10-09/30/10
Checks # 125627 - 125985
& EFTs 867 - 874 1,754,361.71
TOTAL AMOUNT $ 2,585,115.50
FISCAL IMPACT:
Total expenditures for all funds is $ 2,585,115.50
CERTIFICATION:
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these demand
Rachelle Rickard, Director of Administrative Services
ATTACHMENT:
September 2010 Eden Warrant Register in the amount of $ 1,754,361.71
13
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
125986 09/01/2010 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 146.39
125987 09/01/2010 ARMET'S LANDSCAPE, INC. Accounts Payable Check 3,781.60
125988 09/01/2010 BFGC ARCHITECTS PLANNERS, INC. Accounts Payable Check 416.71
125989 09/01/2010 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 588.00
125990 09/01/2010 GEMPLER'S Accounts Payable Check 73.39
125991 09/01/2010 GRISANTI HARDWARE Accounts Payable Check 6.99
125992 09/01/2010 HENRY SCHEIN, INC. Accounts Payable Check 41.93
125993 09/01/2010 IMPACT ABSORBENTS, INC. Accounts Payable Check 66.90
125994 09/01/2010 IRON MOUNTAIN RECORDS MGMNT Accounts Payable Check 137.28
125995 09/01/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 115.37
125996 09/01/2010 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 25,723.00
125997 09/01/2010 RECOGNITION WORKS Accounts Payable Check 4.01
125998 09/01/2010 SOUZA CONSTRUCTION INC. Accounts Payable Check 2,326.20
125999 09/01/2010 STAPLES CREDIT PLAN Accounts Payable Check 105.03
126000 09/01/2010 VERIZON WIRELESS Accounts Payable Check 6.51
126001 09/01/2010 ZUMAR INDUSTRIES, INC. Accounts Payable Check 487.13
126002 09/03/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 630.C"
126003 09/03/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.0
126004 09/03/2010 ATASCADERO POLICE ASSOC. Payroll Vendor Payment 930.00
126005 09/03/2010 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,536.16
126006 09/03/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,980.00
126007 09/03/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,199.81
126008 09/03/2010 SEIU LOCAL 620 Payroll Vendor Payment 861.64
126009 09/03/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61
126010 09/03/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,818.89
867 09/07/2010 RABOBANK, N.A. Payroll Vendor Payment 53,617.78
868 09/07/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 84,610.66
869 09/07/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 16,860.93
870 09/07/2010 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,393.20
126011 09/07/2010 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,502.24
126012 09/07/2010 CSAC - EIA Payroll Vendor Payment 1,185.48
126013 09/07/2010 MEDICAL EYE SERVICES Payroll Vendor Payment 1,591.15
126014 09/07/2010 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,229.26
126016 09/07/2010 SDRMA Payroll Vendor Payment 114,329.35
126017 09/10/2010 ACTIVE MEDICAL& SAFETY Accounts Payable Check 116.2
14
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
26018 09/10/2010 AGP VIDEO, INC. Accounts Payable Check 2,740.00
126019 09/10/2010 A-JAY EXCAVATING, INC. Accounts Payable Check 2,555.00
126020 09/10/2010 ALL ABOUT PRODUCE, INC. Accounts Payable Check 203.25
126021 09/10/2010 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 4,060.51
126022 09/10/2010 AMERICAN MARBORG Accounts Payable Check 205.70
126023 09/10/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 502.99
126024 09/10/2010 AMI PIPE&SUPPLY Accounts Payable Check 207.84
126025 09/10/2010 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 147.23
126026 09/10/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 152.53
126027 09/10/2010 AT&T Accounts Payable Check 145.41
126028 09/10/2010 AT&T Accounts Payable Check 1,143.35
126029 09/10/2010 AT&T Accounts Payable Check 46.06
126030 09/10/2010 ATAS COMM REDEV AGENCY Accounts Payable Check 31,133.00
126031 09/10/2010 ATASCADERO HAY& FEED Accounts Payable Check 350.31
126033 09/10/2010 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 27,271.30
126034 09/10/2010 ATASCADERO NEWS Accounts Payable Check 2,032.50
126035 09/10/2010 ATASCADERO RADIATOR, INC. Accounts Payable Check 380.22
126036 09/10/2010 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00
126037 09/10/2010 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 3,690.00
126038 09/10/2010 ROBERT J. BAGBY Accounts Payable Check 546.75
126039 09/10/2010 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 31.11
126040 09/10/2010 BCS, LLC Accounts Payable Check 5,869.53
126041 09/10/2010 ELLEN BERAUD Accounts Payable Check 17.00
126042 09/10/2010 BERNARDS Accounts Payable Check 86,039.98
126043 09/10/2010 BURKE,WILLIAMS, &SORENSON LLP Accounts Payable Check 19,328.19
126044 09/10/2010 BURTON'S FIRE, INC. Accounts Payable Check 1,511.79
126045 09/10/2010 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 6,536.93
126046 09/10/2010 CAL-COAST IRRIGATION, INC Accounts Payable Check 66.62
126047 09/10/2010 CALIF FIRE CHIEFS ASSC Accounts Payable Check 250.00
126048 09/10/2010 CALIFORNIA CODE CHECK, INC. Accounts Payable Check 2,970.40
126049 09/10/2010 CALIFORNIA PARKS & RECREATION Accounts Payable Check 280.00
126050 09/10/2010 CALPORTLAND Accounts Payable Check 275.27
126051 09/10/2010 LISA CAVA Accounts Payable Check 17.50
126052 09/10/2010 CAVENAUGH AND ASSC. Accounts Payable Check 499.00
126053 09/10/2010 CDCE, INC. Accounts Payable Check 53.30
126054 09/10/2010 VOID Accounts Payable Check 0.00
126055 09/10/2010 CHEVRON &TEXACO BUS. CARD SVC Accounts Payable Check 3,396.69
15
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
126056 09/10/2010 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 10,066.0
126057 09/10/2010 COAST ELECTRONICS Accounts Payable Check 727.97
126058 09/10/2010 COASTAL COPY, LP Accounts Payable Check 176.25
126059 09/10/2010 COLONY AUTO SERVICE, INC. Accounts Payable Check 117.21
126060 09/10/2010 CONOCOPHILLIPS Accounts Payable Check 2,018.46
126061 09/10/2010 CREDIT BUREAU Accounts Payable Check 41.70
126062 09/10/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 99.00
126063 09/10/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00
126064 09/10/2010 MATTHEW J. CURRY Accounts Payable Check 125.00
126065 09/10/2010 DECOU LUMBER COMPANY Accounts Payable Check 460.65
126066 09/10/2010 DENTPRO, INC. Accounts Payable Check 80.00
126067 09/10/2010 DISH NETWORK, LLC Accounts Payable Check 86.99
126068 09/10/2010 DRIVE CUSTOMS Accounts Payable Check 400.00
126069 09/10/2010 ED'S FLY MEAT, INC. Accounts Payable Check 40.25
126070 09/10/2010 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 3,940.00
126071 09/10/2010 EL CAMINO CAR WASH LLC Accounts Payable Check 150.00
126072 09/10/2010 EMS PERSONNEL FUND Accounts Payable Check 165.00
126073 09/10/2010 ESCUELA DEL RIO Accounts Payable Check 54.nn
126074 09/10/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 13,695.
126075 09/10/2010 FERGUSON ENTERPRISES, INC. Accounts Payable Check 561.11
126076 09/10/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 280.00
126077 09/10/2010 FGL ENVIRONMENTAL Accounts Payable Check 625.00
126078 09/10/2010 FITNESS EDGE EXERCISE EQUIP. Accounts Payable Check 140.00
126079 09/10/2010 VOID Accounts Payable Check 0.00
126080 09/10/2010 FOOD FOR LESS Accounts Payable Check 134.70
126081 09/10/2010 KEN FORMAN Accounts Payable Check 10.00
126082 09/10/2010 WARREN FRACE Accounts Payable Check 300.00
126083 09/10/2010 FRANCHISE TAX BOARD Accounts Payable Check 9,193.00
126084 09/10/2010 FRAZEE INDUSTRIES, INC. Accounts Payable Check 433.27
126085 09/10/2010 THOMAS E. GANDY Accounts Payable Check 1,600.00
126086 09/10/2010 GAS COMPANY Accounts Payable Check 423.43
126087 09/10/2010 GEM AUTO PARTS Accounts Payable Check 567.35
126088 09/10/2010 GEMPLER'S Accounts Payable Check 1,868.66
126089 09/10/2010 STEPHEN GESELL Accounts Payable Check 77.00
126090 09/10/2010 GILBERT'S LANDSCAPES Accounts Payable Check 350.00
126091 09/10/2010 GOLF VENTURES WEST Accounts Payable Check 62.36
126092 09/10/2010 GRISANTI HARDWARE Accounts Payable Check 25.,
16
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
26093 09/10/2010 ROCHELLE 0. HANSON Accounts Payable Check 1,600.00
126094 09/10/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 1,779.09
126095 09/10/2010 KELLIE K. HART Accounts Payable Check 163.80
126096 09/10/2010 INTOXIMETERS Accounts Payable Check 104.85
126097 09/10/2010 JB DEWAR INC Accounts Payable Check 2,333.95
126098 09/10/2010 JOHN DEERE LANDSCAPES, INC. Accounts Payable Check 185.53
126099 09/10/2010 K.D. JANNI LANDSCAPING, INC. Accounts Payable Check 367.78
126100 09/10/2010 L.N. CURTIS & SONS Accounts Payable Check 396.72
126101 09/10/2010 LANDSCAPES BY STACH Accounts Payable Check 720.00
126102 09/10/2010 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 2,100.00
126103 09/10/2010 JAMES R. LEWIS Accounts Payable Check 250.00
126104 09/10/2010 LIFE ASSIST, INC. Accounts Payable Check 176.82
126105 09/10/2010 MADRONE LANDSCAPES, INC. Accounts Payable Check 1,189.66
126106 09/10/2010 MAINLINE UTILITY CO. Accounts Payable Check 1,500.00
126107 09/10/2010 MARK SIMON SEWER MAINTENANCE Accounts Payable Check 20,304.26
126108 09/10/2010 ERIN MCGRATH Accounts Payable Check 737.00
126109 09/10/2010 WADE MCKINNEY Accounts Payable Check 500.00
126110 09/10/2010 MEDWORKS MEDICAL CENTER, INC. Accounts Payable Check 400.00
126111 09/10/2010 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 100,267.65
126112 09/10/2010 MICHAEL FREDERICK PAVING,INC. Accounts Payable Check 2,520.00
126113 09/10/2010 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 8,620.00
126114 09/10/2010 MINER'S ACE HARDWARE Accounts Payable Check 307.51
126115 09/10/2010 MISSION UNIFORM SERVICE Accounts Payable Check 129.09
126116 09/10/2010 JOHNNY F. MITCHELL Accounts Payable Check 38.00
126117 09/10/2010 MICHAL S. MOSES Accounts Payable Check 892.84
126118 09/10/2010 DAVE MUEHLHAUSEN Accounts Payable Check 10.00
126119 09/10/2010 NATL ALLIANCE FOR YOUTH SPORTS Accounts Payable Check 330.00
126120 09/10/2010 NCI AFFILIATES, INC Accounts Payable Check 418.75
126121 09/10/2010 OFFICE DEPOT INC. Accounts Payable Check 608.24
126122 09/10/2010 TARA ORLICK Accounts Payable Check 19.00
126123 09/10/2010 OUTLET TOOL SUPPLY Accounts Payable Check 48.42
126124 09/10/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 25,831.72
126125 09/10/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 6,844.19
126126 09/10/2010 CASEY J. PATTERSON Accounts Payable Check 372.50
126127 09/10/2010 PC MECHANICAL, INC. Accounts Payable Check 13,950.61
126128 09/10/2010 DEAN PERICIC Accounts Payable Check 270.94
126129 09/10/2010 PERRY'S ELECTRIC MOTORS & CTRL Accounts Payable Check 3,670.45
17
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
126130 09/10/2010 PFEIFFER PARTNERS, INC. Accounts Payable Check 33,282.3
126131 09/10/2010 JASON M. PLATZ Accounts Payable Check 36.00
126132 09/10/2010 ANDREW G. PRATT Accounts Payable Check 95.00
126133 09/10/2010 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 914.01
126134 09/10/2010 RADIO SHACK CORPORATION Accounts Payable Check 82.23
126135 09/10/2010 RECOGNITION WORKS Accounts Payable Check 1,515.50
126136 09/10/2010 RACHELLE RICKARD Accounts Payable Check 300.00
126137 09/10/2010 ROB DAVIS BACKHOE Accounts Payable Check 1,575.00
126138 09/10/2010 JAMES STEVEN ROBINSON DVM Accounts Payable Check 800.00
126139 09/10/2010 MICHELLE R. ROGERS Accounts Payable Check 252.00
126140 09/10/2010 S.W. MARTIN &ASSOCIATES Accounts Payable Check 11,083.33
126141 09/10/2010 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 200.00
126142 09/10/2010 SCOTT O'BRIEN FIRE & SAFETY CO Accounts Payable Check 60.00
126143 09/10/2010 SHELL Accounts Payable Check 387.80
126144 09/10/2010 JOHN C. SIEMENS Accounts Payable Check 84.00
126145 09/10/2010 SLO CO FIRE TRAINING OFFICERS Accounts Payable Check 50.00
126146 09/10/2010 SMART AND FINAL Accounts Payable Check 66.52
126147 09/10/2010 DAVID L. SMAW Accounts Payable Check 95.00)
126148 09/10/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 1,592.(
126149 09/10/2010 STATEWIDE SAFETY& SIGNS, INC. Accounts Payable Check 251.95
126150 09/10/2010 SUNLIGHT JANITORIAL Accounts Payable Check 2,433.00
126151 09/10/2010 TESORO FLEET SERVICES Accounts Payable Check 7,129.94
126152 09/10/2010 THE TOP SHOP UPHOLSTERY Accounts Payable Check 143.30
126153 09/10/2010 ROSS THOMPSON Accounts Payable Check 300.00
126154 09/10/2010 TURF STAR, INC. Accounts Payable Check 37.80
126155 09/10/2010 TW TELECOM, INC. Accounts Payable Check 799.06
126156 09/10/2010 ULTREX BUSINESS PRODUCTS Accounts Payable Check 292.41
126157 09/10/2010 UNCLE'S BAITS Accounts Payable Check 20.40
126158 09/10/2010 UNITED RENTALS NORTHWEST, INC Accounts Payable Check 1,139.41
126159 09/10/2010 URBAN FUTURES, INC. Accounts Payable Check 1,852.50
126160 09/10/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 855.23
126161 09/10/2010 IWINA M. VAN BEEK Accounts Payable Check 38.00
126162 09/10/2010 VERIZON WIRELESS Accounts Payable Check 783.31
126163 09/10/2010 WELL SEEN SIGN COMPANY Accounts Payable Check 32.48
126164 09/10/2010 WESTERN JANITOR SUPPLY Accounts Payable Check 148.97
126165 09/10/2010 WULFING'S BACKGROUND& POLYGR Accounts Payable Check 225.nn
126166 09/10/2010 Z.A.P. MANUFACTURING, INC. Accounts Payable Check 314.;
18
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
number Date Vendor Description Amount
126167 09/10/2010 PAUL JEFFREY ZEHNER Accounts Payable Check 145.00
126168 09/10/2010 BRADY CHERRY Accounts Payable Check 687.00
126169 09/15/2010 MOSS, LEVY, & HARTZHEIM LLP Accounts Payable Check 2,500.00
126170 09/16/2010 BETTY FINOCCHIARO Accounts Payable Check 3,070.20
126173 09/16/2010 U.S. BANK Accounts Payable Check 12,853.51
126174 09/17/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 630.00
126175 09/17/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00
126176 09/17/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 930.00
126177 09/17/2010 AXA EQUITABLE Payroll Vendor Payment 520.12
126178 09/17/2010 EMPLOYMENT DEV. DEPARTMENT Accounts Payable Check 6,973.00
126179 09/17/2010 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,536.16
126180 09/17/2010 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 160.00
126181 09/17/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,880.00
126182 09/17/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 679.27
126183 09/17/2010 SEIU LOCAL 620 Payroll Vendor Payment 833.48
126184 09/17/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61
126185 09/17/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,818.89
871 09/21/2010 RABOBANK, N.A. Payroll Vendor Payment 43,627.22
872 09/21/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 85,045.25
873 09/21/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 13,214.93
874 09/21/2010 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,291.14
126186 09/24/2010 ACTION TOWING & RECOVERY, LLC Accounts Payable Check 780.00
126187 09/24/2010 AGP VIDEO, INC. Accounts Payable Check 2,160.00
126188 09/24/2010 AIR-RITE REFRIGERATION Accounts Payable Check 655.02
126189 09/24/2010 ALL ABOUT PRODUCE, INC. Accounts Payable Check 435.65
126190 09/24/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 814.89
126191 09/24/2010 ALLY, LLC Accounts Payable Check 278.90
126192 09/24/2010 ALTHOUSE&MEADE, INC. Accounts Payable Check 2,085.00
126193 09/24/2010 AMERICAN MARBORG Accounts Payable Check 197.32
126194 09/24/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,665.48
126195 09/24/2010 AQUAMARK POOL CARE Accounts Payable Check 426.46
126196 09/24/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 833.64
126197 09/24/2010 AT&T Accounts Payable Check 166.71
126198 09/24/2010 AT&T Accounts Payable Check 681.26
19
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
126200 09/24/2010 AT&T Accounts Payable Check 1,230.3
126201 09/24/2010 ATASCADERO HAY& FEED Accounts Payable Check 261.56
126202 09/24/2010 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 120.90
126203 09/24/2010 ATASCADERO NEWS Accounts Payable Check 278.00
126204 09/24/2010 ATASCADERO RADIATOR, INC. Accounts Payable Check 395.28
126205 09/24/2010 BARKS PLUMBING AND APPL., INC. Accounts Payable Check 400.00
126206 09/24/2010 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 62.22
126207 09/24/2010 CAROL BRAZIL Accounts Payable Check 48.00
126208 09/24/2010 BRUMIT DIESEL, INC. Accounts Payable Check 13.35
126209 09/24/2010 TERRY BUCKLEY Accounts Payable Check 59.04
126210 09/24/2010 CA BUILDING STANDARDS COMM. Accounts Payable Check 55.80
126211 09/24/2010 CALPORTLAND Accounts Payable Check 220.77
126212 09/24/2010 CDCE, INC. Accounts Payable Check 86.13
126213 09/24/2010 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 60.00
126214 09/24/2010 CITY OF ATASCADERO Accounts Payable Check 488.50
126215 09/24/2010 CITY OF SOLVANG Accounts Payable Check 60.00
126216 09/24/2010 COLONY AUTO SERVICE, INC. Accounts Payable Check 338.33
126217 09/24/2010 COMMUNITY ACTION PARTNERSHIPS Accounts Payable Check 50.01)
126218 09/24/2010 COMPUCOM SYSTEMS, INC. Accounts Payable Check 21,966.E
126219 09/24/2010 CORELOGIC INF. SOLUTIONS, INC. Accounts Payable Check 200.00
126220 09/24/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 156.50
126221 09/24/2010 DARRYL'S LOCK AND SAFE Accounts Payable Check 13.53
126222 09/24/2010 CYNTHIA L. DECKER Accounts Payable Check 630.00
126223 09/24/2010 DECOU LUMBER COMPANY Accounts Payable Check 120.19
126224 09/24/2010 DEPARTMENT OF CONSERVATION Accounts Payable Check 349.14
126225 09/24/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 852.00
126226 09/24/2010 DOCUTEAM Accounts Payable Check 65.90
126227 09/24/2010 DRIVE CUSTOMS Accounts Payable Check 3,685.56
126228 09/24/2010 MANDY DUMONG Accounts Payable Check 64.93
126229 09/24/2010 ED'S FLY MEAT, INC. Accounts Payable Check 36.25
126230 09/24/2010 EL CAMINO CAR WASH LLC Accounts Payable Check 16.95
126231 09/24/2010 EMBLEM ENTERPRISES, INC. Accounts Payable Check 309.82
126232 09/24/2010 ENVISIONS GALLERY Accounts Payable Check 1,532.29
126233 09/24/2010 ESCUELA DEL RIO Accounts Payable Check 180.00
126234 09/24/2010 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 99.69
126235 09/24/2010 FARM SUPPLY COMPANY Accounts Payable Check 126.2E
126236 09/24/2010 FERRAVANTI GRADING & PAVING Accounts Payable Check 445,893.E
20
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
26237 09/24/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 160.00
126238 09/24/2010 FLOORS OF WOOD, INC. Accounts Payable Check 3,520.00
126239 09/24/2010 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 84,283.63
126240 09/24/2010 ROBERTA FONZI Accounts Payable Check 11.00
126241 09/24/2010 FRAZEE INDUSTRIES, INC. Accounts Payable Check 48.42
126242 09/24/2010 GAS COMPANY Accounts Payable Check 127.37
126243 09/24/2010 ANDREW J. GEFTAKYS Accounts Payable Check 36.00
126244 09/24/2010 GEM AUTO PARTS Accounts Payable Check 140.09
126245 09/24/2010 HARVEY'S HONEYHUTS Accounts Payable Check 496.18
126246 09/24/2010 HOME DEPOT Accounts Payable Check 1,023.36
126247 09/24/2010 HSBC BUSINESS SOLUTIONS Accounts Payable Check 109.00
126248 09/24/2010 INFORMATION TECHNOLOGY Accounts Payable Check 668.87
126249 09/24/2010 EVELYN R. INGRAM Accounts Payable Check 638.54
126250 09/24/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 104.22
126251 09/24/2010 DAREN KENNETT Accounts Payable Check 79.16
126252 09/24/2010 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 504.47
126253 09/24/2010 LEHIGH HANSON Accounts Payable Check 222.26
126254 09/24/2010 LIFE ASSIST, INC. Accounts Payable Check 103.06
126255 09/24/2010 LOCATE PLUS CORPORATION Accounts Payable Check 40.46
126256 09/24/2010 MADRONE LANDSCAPES, INC. Accounts Payable Check 3,335.00
126257 09/24/2010 MARK SIMON SEWER MAINTENANCE Accounts Payable Check 9,489.35
126258 09/24/2010 DARLENE MASON Accounts Payable Check 45.00
126259 09/24/2010 MEDWORKS MEDICAL CENTER, INC. Accounts Payable Check 210.00
126260 09/24/2010 MEEHAN CONSTRUCTION Accounts Payable Check 3,220.00
126261 09/24/2010 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 1,140.00
126262 09/24/2010 MID-COAST MOWER&SAW Accounts Payable Check 268.90
126264 09/24/2010 MINER'S ACE HARDWARE Accounts Payable Check 1,150.69
126265 09/24/2010 MISSION UNIFORM SERVICE Accounts Payable Check 58.10
Accounts Pa
1 JOHNNY F. MITCHELL Y
126266 09/24/20 0 able Check 95.00
126267 09/24/2010 NCI AFFILIATES, INC Accounts Payable Check 335.00
126268 09/24/2010 NORTH CO SEPTIC SERVICE, LLC Accounts Payable Check 990.00
126269 09/24/2010 NORTH CO. COMMUNICATIONS, LLC Accounts Payable Check 320.00
126270 09/24/2010 OFFICE DEPOT INC. Accounts Payable Check 838.06
126271 09/24/2010 O'REILLY AUTOMOTIVE, INC. Accounts Payable Check 10.23
126
272 09/24/2010 OUTLET TOOL SUPPLY Accounts Payable Check 198.04
126273 09/24/2010 PACIFIC AUTO GLASS Accounts Payable Check 158.25
126275 09/24/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 38,447.63
21
City of Atascadero
Disbursement Listing
For the Month of September 2010
Check Check
Number Date Vendor Description Amount
126276 09/24/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 728.0
126277 09/24/2010 PERRY'S PARCEL& COURIER SVC Accounts Payable Check 55.48
126278 09/24/2010 PG&E CFM/PPC DEPARTMENT Accounts Payable Check 1,342.13
126279 09/24/2010 PINK SALON Accounts Payable Check 474.11
126280 09/24/2010 ANDREW G. PRATT Accounts Payable Check 228.00
126281 09/24/2010 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 184.48
126282 09/24/2010 RANGE MASTER Accounts Payable Check 771.25
126283 09/24/2010 RAVATT,ALBRECHT, &ASSC.,INC. Accounts Payable Check 1,165.30
126284 09/24/2010 RECOGNITION WORKS Accounts Payable Check 16.24
126285 09/24/2010 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 270.00
126286 09/24/2010 SANTA MARIA TIRE, INC. Accounts Payable Check 286.59
126287 09/24/2010 SCOTT O'BRIEN FIRE &SAFETY CO Accounts Payable Check 60.00
126288 09/24/2010 SLO COUNTY SHERIFF Accounts Payable Check 86.00
126289 09/24/2010 SMART AND FINAL Accounts Payable Check 49.94
126290 09/24/2010 DAVID L. SMAW Accounts Payable Check 76.00
126291 09/24/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 952.82
126292 09/24/2010 STAPLES CREDIT PLAN Accounts Payable Check 910.59
126293 09/24/2010 STATEWIDE SAFETY&SIGNS, INC. Accounts Payable Check 13,449.69
126294 09/24/2010 KURT W. STONE Accounts Payable Check 179.(
126295 09/24/2010 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 752.73
126296 09/24/2010 THE PHONE CENTER Accounts Payable Check 440.00
126297 09/24/2010 TPG CONSULTING, INC. Accounts Payable Check 2,780.00
126298 09/24/2010 TW TELECOM, INC. Accounts Payable Check 786.53
126299 09/24/2010 URBAN FUTURES, INC. Accounts Payable Check 1,950.00
126300 09/24/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,176.74
126301 09/24/2010 IWINA M. VAN BEEK Accounts Payable Check 76.00
126302 09/24/2010 VERIZON WIRELESS Accounts Payable Check 1,574.16
126303 09/24/2010 VIBORG SAND& GRAVEL, INC. Accounts Payable Check 26,268.45
126304 09/24/2010 WALLACE GROUP Accounts Payable Check 3,796.59
126305 09/24/2010 WILSON LAND SURVEYS, INC. Accounts Payable Check 1,950.00
126306 09/24/2010 LINDA ZIRK Accounts Payable Check 48.00
$ 1,754,361.71
22
ITEM NUMBER: A- 3
DATE: 11/09/10
1979 7
. ATA'SCAn�►//
A tascadero City Council September 2010
Staff Report - City Treasurer
September 2010 Investment Report
RECOMMENDATION:
Council receive and file the City Treasurer's report for quarter ending September 2010.
REPORT IN BRIEF:
Cash and Investments
Checking $ 232,781
Money Market Accounts 3
Certificates of Deposit 12,985,419
Government Securities 2,291,877
LAIF 18,848,316
Cash with Fiscal Agents 79,622
Cash in Banks at September 30, 2010 $ 34,438,018
Deposits in Transit -
Outstanding Checks (215,238)
Cash and Investments at September 30, 2010 $ 34,222,780
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/02/10 CommunityOne Bank CD $ 245,000 07/02/13
07/02/10 Republic Bank Inc. CD 245,000 12/30/13
07/07/10 Gateway Bank of Florida CD 245,000 07/08/13
07/28/10 Home Federal Bank CD 245,000 07/28/15
07/30/10 BMW Bank of N America CD 245,000 07/30/15
07/30/10 Rocky Mountain Bank CD 245,000 07/30/15
08/25/10 Federal Home Loan Bank gov't security 578,080 06/12/15
08/26/10 Federal Home Loan Bank gov't security 500,000 08/26/15
09/29/10 Federal Home Loan Bank govt security 1,014,260 09/11/15
Page 1 of 13 23
Investment Activity (continued)
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
07/08/10 Citizens Deposit Bank CD $ 97,000 $ 97,000
07/12/10 Mount Vernon Bank CD 98,000 98,000
07/15/10 Harleysville National Bank CD 98,000 98,000
07/16/10 Sallie Mae Bank CD 99,950 100,000
07/16/10 Washington Mutual Bank CD 100,000 100,000
07/20/10 Eva Bank CD 98,000 98,000
07/23/10 Key Bank National Assn CD 100,000 100,000
07/30/10 Washington Mutual Bank CD 100,000 100,000
08/04/10 N Milwaukee State Bank CD 100,000 100,000
08/13/10 Homestreet Bank CD 100,000 100,000
08/16/10 Federal Home Loan Bank gov't security 224,644 225,000
08/19/10 Suburban Bank & Trust CD 98,000 98,000
09/07/10 Bank of St. Petersburg CD 97,000 97,000
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
24 Page 2 of 13
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&IN VES TMENTS A C TI VIT Y S UMMA R Y
for the quarter ending September 30, 2010
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1, 2010 $ 284,524 $ 38,618,578 $ 79,622 $ 38,982,724
Receipts 17,919,717 35,291 - 17,955,008
Disbursements (22,347,963) - (151,751) (22,499,714)
Transfers In 10,735,594 6,207,340 151,751 17,094,685
Transfers Out (6,359,091) (10,735,594) - (17,094,685)
Balance per Banks at
September 30, 2010 S 232,781 $ 34,125,615 S 79,622 34,438,018
Deposits in Transit
Outstanding Checks (215,238)
Adjusted Treasurer's Balance $ 34,222,780
Page 3 of 13 25
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31
City of Ataseadero
Investments by Type
September 2010
Cash kith
Government Fiscal Aeent
Securities 1%
6%
Other
Certificates fi 1
of Deposit !"
38%
LAIF
55%
Investment September 2010
LAIF S 18,848,316
Certificates of Deposit 12,985,419
Government Securities 2,291,877
Cash with Fiscal Agent 1,497,020
Other 3
S 35,622,635
32 Page 10 of 13
City of Atascadero
Investments by Maturity
September 2010
One to
Five Years
25%
One Month
to One Year
7%
Within
One Month
2%
On Demand
66%
Investment September 2010
On Demand $ 18,848,319
Within One Month 588,000
One Month to One Year 2,281,956
One to Five Years 12,407,340
$ 34,125,615
Page 11 of 13 33
City of Atascadero
Investments by Custodial Agent
September 2010
Union Bank ... Bank of New York
44% 1%
Y 1, ,✓
S Y X Y 1 <
1 Y Y �' £ S Y 4 Y'Y E 'k'S S y}@ y •_2.J
i r Y r � ✓
sz
E G Y N
Y Yi� it 5
k�1�g r
1f}rJrt fi'4
Other
0%
State of California
55%
Custodial Agent September 2010
State of California $ 18,848,316
Other 56,420
Union Bank 15,220,879
Bank of New York 1,497,020
$ 35,622,635
34 Page 12 of 13
City of Ataseadero
Investment Yield vs. 2-Year Treasury Yield
For the Quarter Ended September 30, 2010
3.50%
0
3.00/° �
2.50%
2.00%
1.50%
1.00%
I
4.50%
0.00%
�00� ti00� ti0o0 00 000 000 0^0
1 1L0
ti ti rL ti �
--City Yield ---,*--2-Yr Treasury Weighted Portfolio Yield
1
2-Yr
Treasury
Weighted
Portfolio
City Yield Yield
September 2008
December 2008 2.93% 1.41%
March 2009 2.44% 1.39%
June 2009 1.91% 1.46%
September 2009 1.54% 1.30%
December 2009 1.38% 1.20%
March 2010 1.38% 1.22%
June 2010 1.30% 0.84%
September 2010 1.42% 0.77%
Page 13 of 13 35
36
ITEM NUMBER: C - 1
DATE: 11/09/10
u U�
Atascadero City Council
Staff Report- City Manager's Office
Funding for
San Luis Obispo County Library - Atascadero
RECOMMENDATIONS:
Council:
1 . Authorize the Director of Administrative Services to appropriate $57,000 of the
City's General Fund toward the City's contribution of the library expansion
project; and,
2. Authorize the Director of Administrative Services to appropriate $197,900 of the
City's Library Expansion Facilities Fees Fund toward the City's contribution of
the library expansion project.
DISCUSSION:
San Luis Obispo County and the Atascadero Friends of the Library (Friends) have been
working on a program to expand the County Library located in Atascadero. Many
options have been investigated over several years, and now they have focused on
moving the Library to 6555 Capistrano Avenue, in Hotel Park. The County and Friends
support this downtown location as providing good access to the community and a
potential for expanded Library services.
The City Council, in 1995, set aside $35,000 for the Library expansion project. Earning
interest, this fund has grown to almost $57,000 ($56,500 plus interest). In fiscal year
2004, the City Council established a development impact fee for Library expansion.
That fund currently has a balance of $197,900. These funds, $254,400, are currently
available for the property purchase being contemplated by the County and Friends.
The Board of Supervisors will be considering a Memorandum of Understanding (MOU)
with the Atascadero Friends of the Library group on November 9th. If the MOU is
approved, escrow will be opened in December of this year. It will likely be a short
escrow period. Staff is requesting Council appropriate these funds making them
available to assist in this purchase.
37
ITEM NUMBER: C - 1
DATE: 11/09/10
FISCAL IMPACT:
The appropriation is $197,900 in Library Expansion Facilities Fees Funds and $57,000
in General Funds. These funds have been earmarked for Library expansion and will not
impact other City operations.
ATTACHMENT:
November 9, 2010, Memo from Brian Reynolds, Library Director
38
ATTACHMENT A
To: Atascadero City Council
From: Brian A. Reynolds, Library Director
Date: November 9, 2010
Subject: Approval to disburse funds for Atascadero Library Expansion Project
Recommendation
The Library recommends that your Council approve disbursement of accrued funds for purchase of real
property in Atascadero for the purpose of Library expansion.
Discussion
County Library staff and the Atascadero Friends of the Library have been working to expand the
Atascadero-Martin Polin Library for many years. Recently, a site and building for expansion have been
identified at 6550 Capistrano Avenue. The total cost of the project is approximately$8.4 million,
including property purchase and tenant improvements. This will be a mixed use facility with the Library
occupying 68%for approximately 15,000 square feet and County Offices (known as the North County
"One Stop") occupying 32% for approximately 7,000 square feet. The Library's share of the total project
cost is estimated at$5.7 million. County staff will be taking an Intent to Purchase resolution to the
Board of Supervisors on November 9, 2010. The proposed purchase price is $3,410,000. The Library's
share of the purchase will be approximately$2,300,000. With Board approval of the Intent to Purchase,
Authorization to Purchase will be considered by the Board on December 14, 2010.
Board policy requires that the community in which the Library capital project is located contribute 50%
of project costs. City funds currently available include Developer Fees and a trust account, in the
approximate amount of$254,000. These funds will help contribute to the community's 50% share of
this project. The Friends of the Library have indicated that they would like these funds to be used
toward the community's share of the purchase of the Capistrano property.
With Board approval on December 14, 2010, escrow will be opened shortly afterwards. The Library
respectfully requests that your Council authorize disbursement of the City funds mentioned above into
an escrow account.
Other Agency Involvement
g v
The Library has worked with County Administration,the General Services Agency, and City
Administration on this effort.
Financial Considerations
Approximately$254,000 in City funds would be deposited in an escrow account for purchase of a
building located at 6550 Capistrano Avenue. Several other County departments are also going to occupy
39
approximately 7,000 of this 22,000 square foot facility and share the purchase cost. All County funds for
this purchase are in place and available.
Per the Memorandum of Understanding between the Friends of the Library and the County, the Friends
will be awarded a 50% credit of in the equity of the two parcels the current Library sits on plus two
adjacent parcels, currently appraised at $1,600,000. This equity and County "One Stop Shop"
contributions reduce the total cost of the Library share of the project by about $1,900,000 (compared to
expanding on the current Library building site).
Results
Approval of this request will allow purchase of the Capistrano property and encourage donors to
contribute to the Atascadero Friends of the Library Capital Campaign so that tenant improvements can
begin and the process completed of moving from the current 7,000 square foot Library to a new, 15,000
square foot space.
40
ITEM NUMBER: C -2
DATE: 11/09/10
1918.q 1978 i--
CADERO j)
Atascadero City Council
Staff Report - Police Department
p P
Tobacco Retail Business Compliance Plan
RECOMMENDATIONS:
Council:
1. Direct staff to initiate intermediate steps by firmly working with the tobacco
business retailers in Atascadero to explore and implement alternatives, options,
and opportunities to comply with State law concerning the sale of tobacco
products-, and,
2. Direct staff to return to Council with their findings in June 2011 .
REPORT-IN-BRIEF:
At the September 14, 2010, City Council Meeting, the Council directed staff to place the
issue of tobacco retail licensing, and other available options, on a future agenda as an
action item. Further, there was Council consensus to give staff direction to create a
businesses that were cited warning them that if the continue to violate the
r to the bu Y
tette g
laws, the City will adopt a tobacco retail licensing ordinance. This letter has been sent.
The City of Atascadero, in partnership with the County Public Health Department,
conducts compliance checks of tobacco retailers within the City to ensure retailers are
not selling tobacco to persons under the legal age of 18. Through these compliance
checks, an increase in the purchase and use of tobacco products by youth under the
age of 18 has been identified. These compliance checks have resulted in determining
that City tobacco retailers are selling tobacco to underage purchasers at a rate higher
than the State and local average. Currently under State law, both the seller and the
under-age buyer are cited for misdemeanor violations. However, under current law, and
without a City Licensing Ordinance, the business retailer is not cited unless a direct
connection to the buyer can be established.
41
ITEM NUMBER: C -2
DATE: 11/09/10
DISCUSSION:
Background: Statistics detailing Atascadero Police Department enforcement efforts
show that from January 2009 to the present, 137 criminal citations were issued to under
age youth who purchased, received, or possessed tobacco products. Also during this
time period, 19 citations were issued to tobacco retail employees who sold tobacco
products to underage youths.
In November of 2009, March of 2010, and August of 2010, Police Department
compliance checks were conducted within the City of Atascadero using a decoy to
purchase tobacco products. A statistical analysis of tobacco retailers in Atascadero
determined that illegal sales of tobacco products to underage buyers have been steadily
increasing. Sales of tobacco products to teens State-wide has decreased over the past
fifteen years from 38% in 1995 to 8.6% in 2009 due in part to tobacco retailer licensing
laws.
COMPLIANCE CHECK RESULTS
November 19, 2009 ( 18 retailers 4 citations 22% j
_...__._._ __ ...... _. . ...... __
March 16, 2010 ( 17 retailers 4 citations 23%
9
Au _.
E ust 9, 2010 25 retailers 8 citations 32% j
California State law states that it is a violation to sell tobacco products to buyers under
the age of 18 years old and a violation for persons under the age of 18 years old to
purchase tobacco products. City compliance checks identify business retail employees
who sell tobacco products to an under-age decoy buyer. As a result, the sales clerk
illegally selling the tobacco product to a buyer under the age of 18 is guilty of a
misdemeanor criminal offense. The clerk is issued a criminal citation to appear in court.
In cases where a police officer, without the use of a decoy, identifies an under-age
buyer, that buyer is guilty of a misdemeanor criminal offense. The buyer is issued a
criminal citation to appear in court. However, the tobacco retailer is not issued a
criminal citation unless the investigating officer can show circumstances in which the
retailer has knowledge, or should otherwise have grounds for knowledge, and sells,
gives, or in any way furnishes another person who is under the age of 18 years.
After the last compliance check on August 9, 2010, based on an increase in the sales
rate to underage buyers, the City's Community Response Team personally delivered
invitations to every tobacco retailer in town (25) for a scheduled tobacco retailer's
workshop conducted on September 14th at the Pavilion. The Police Department wrote
an article asking for help in reducing minors' accessibility to tobacco products and urged
retailers to attend the upcoming no-cost workshop. The article was published in the
Atascadero Chamber of Commerce September 2010 edition of the "Business Reporter."
This workshop was conducted in partnership with the County Health Department. Five
retailers being represented by 10 employees attended the event. One of the retailer
businesses was located in Santa Margarita.
42
ITEM NUMBER: C - 2
DATE: 11/09/10
The City Council has continued to express concerns about sales of tobacco products to
minors and on the impacts of a tobacco licensing program if one were enacted.
Specifically the Council has:
Voiced concerns regarding the impact on the Police Department
• A licensing program will result in an increase of staff hours. The Community
Response Team is tasked with the Tobacco Retail program. Two officers
currently conduct an educational training workshop, two compliance checks per
year, and resulting enforcement actions in partnership with the County Public
Health Department. Increasing the number of educational workshops,
compliance checks, and enforcement actions to firmly work with tobacco retail
businesses will increase CRT staff time and take time from other investigative,
enforcement, and proactive duties.
Voiced concerns regarding the Police Department hours and expense
• Firmly working with the tobacco retailers to the level described will necessitate an
increase in education, compliance, and enforcement.
• Currently, each of the two CRT officers devote approximately 36-42 hours of on-
duty time per year to the retailer workshop, twice yearly compliance checks, and
resulting enforcement actions. This includes the time spent with tobacco retailers
and the planning, coordination, execution, and report writing aspect of the
existing program. Expanding the current program will require a commensurate
increase in CRT on-duty time and may require the use of additional officers at an
overtime rate for compliance checks and enforcement.
Voiced concern regarding cost to tobacco business retailers
Analysis: Despite these concerns, the City of Atascadero is committed to working with
local tobacco retailers to foster a partnership toward voluntary compliance and self-
policing attitudes in light of additional regulations and thus reduce sales to minors.
There are other alternatives that could be taken to see if sales to minors could be
reduced. These include:
• Having a firm letter from the Police Chief hand-delivered that outlines the
commitment to explore alternatives and the importance of reducing the sales of
tobacco to minors.
• Providing up to two more educational training workshops (total of four) geared
towards reducing the sale of tobacco to minors. The Police Department could
partner with the Chamber of Commerce, Department of Public Health, or other
interest groups.
43
ITEM NUMBER: C - 2
DATE: 11/09/10
• Conducting additional unannounced compliance checks per calendar year, with
two prior to July 2011 .
• Making the Community Response Team (CRT) more accessible to tobacco retail
businesses to answer relevant questions.
• Continuing to issue (and encouraging the display of) certificates of compliance to
retail businesses upon passing each compliance check.
• Visiting businesses that fail to pass compliance checks that result in a criminal
citation. The Police Department Community Response Team will meet with the
business owner, review the compliance check and offer prevention suggestions.
• Working through the Chamber of Commerce to produce newsletter and
magazine information regarding the importance of reducing sales to minors and
creating a type of "peer pressure" to tighten up sales.
• Exploring tobacco retail business incentive programs through the Office of
Economic Development to include issuing another letter through the Office of
Economic Development that while the City is trying to allow local businesses the
opportunity to correct themselves, a Tobacco Licensing Program could be
imminent should sales to minors not be reduced immediately.
Staff will return to the Council with their findings in June 2011 . Should improvement not
be demonstrated, Staff would return with a recommendation to implement a Tobacco
Licensing Program.
Tobacco Licensing Programs
As of June 2010, more than 100 communities throughout the State have enacted local
tobacco retailer licensing ordinances. The American Lung Association recommends the
following four components within such an ordinance:
• A License that all retailers must obtain in order to sell tobacco products and that
must be renewed annually.
• A fee set high enough to sufficiently fund an effective program including
administration of the program and enforcement efforts. An enforcement plan that
includes compliance checks should be clearly stated.
• Coordination of tobacco regulations so that a violation of any existing local, state,
or federal regulation violates the license.
44
ITEM NUMBER: C -2
DATE: 11/09/10
• A financial deterrent through fines and penalties including the suspension and
revocation of the license. Fines and penalties should be outlined in the
ordinance.
With regard to Tobacco Retail Licensing locally, the cities of San Luis Obispo, Arroyo
Grande, and Grover Beach and the County of San Luis Obispo have enacted Tobacco
Retail License Ordinances. The following chart compares those ordinances.
Suspension/Revocation
Community Fee Enforcement Activities Schedule' Fine Schedule Additional Provisions
City of San $278 Three police officers and one 1 st violation within 5 $100 for the first Bans mobile sales
Luis Annual '.police sergeant will conduct 4 years—30 day violation
Obispo compliance checks per- suspension Bans sales at locations licensed
retailer per-year on a part time $200 for the second violation to sale alcoholic beverages for
basis. 2^d violation within 5 consumption on the premises
years—190 day $500 for the third (bans).
It was written into the law that suspension violation and any
at least four compliance other violation ; Requires that all tobacco
checks must be conducted 3rd violation within 5 following products must be removed from
each year and the cost of years-1 year public view during,periods of
compliance monitoring shall suspension suspension or revocation.
be incorporated into the
license fee. 4th violation within 5
years—the license shall
be revoked.
Arroyo $208 The Arroyo Grande Police 1St violation within 5 $100 for the first Bans mobile sales.
Grande Annual Department will conduct at years—30 day violation within a
least 4 compliance checks of suspension one(1)year Bans sales at locations to sell
each tobacco retailer each period alcoholic beverages for
year 2nd violation within 5 $200 for the consumption on the premises
years—90 day second violation (bars).
suspension with a one(1)
year period Requires that all tobacco—
3rd violation within 5 related products and advertising
years—one year $500 for the third must be removed from public
suspension violation within a view during periods of
one(1)year suspension or revocation.
4th violation within 5 period
years the license shall
be revoked
Grover $224 Compliance shall be 1 St violation within 5 $100 for the first Bans mobile sales.
Beach Annual monitored by the Grover' years—30 day violation within a
Beach Police Department,At revocation, one(l)year Bans sales in businesses that
least four compliance checks period sell alcohol for consumption on
of each tobacco retailer shall 2nd violation within 5 $200 for the the premises(restaurants and
be conducted during each years—90 day second violation bars),
twelve-month period. revocation. with a one(1)
year period Requires retailers to check the
3rd violation within 5 ID of all persons purchasing
years-1'year $500 for the third tobacco products.
revocation. violation within a
45
ITEM NUMBER: C -2
DATE: 11/09/10
one(I)year Requires that all tobacco-related
4th violation within 5 periodproducts and advertising must
years—5 year be removed from public view
revocation, during periods of license
revocation.
County of $342 The Sheriffs Department will 1St violation within 5 $200,00- Bans mobile sales
San Luis Annual be responsible for years—30 day $1,000.00
Obispo compliance. At least four suspension Requires that all tobacco-related
compliance checks per year products and advertising must
will be conducted 2nd violation within 5 be removed from public view
years—90 day during periods of suspension or
suspension revocation.
3rd violation within 5 Requires that no license may be
years—1 year granted to any business whose
suspension main purpose is offering food or
alcoholic beverages for sale for
4th violation within 5 consumption on the premises.
years—5 year
suspension Requires retailers to check the
age of purchasers who appear
to be under the age of 30.
Requires that clerks are the
minimum legal age to purchase
tobacco products(currently 16).
The Tobacco Retail License violation process varies between each of the Cities and
SLO County. With regards to sellers and under-age buyers, prosecution practices
remain the same and all appear in criminal court and are prosecuted by the District
Attorney's Office for violation of a State statute. A review of the local cities and County
with regards to the retail ordinance violations reveals the following:
Cities:
San Luis Obispo
The retailer violating the City Ordinance is issued an administrative citation. The Police
Department hears the appeal and renders a decision. The decision may be appealed to
the City Manager and ultimately to Superior Court.
Arroyo Grande
The retailer violating the City Ordinance is issued a city ordinance violation citation
which goes directly to the Court. The retailer appears in court to answer to the charge.
The Police Department presents a prosecution case in Court for violation of the City
Ordinance and appears in place of the City Attorney.
46
ITEM NUMBER: C -2
DATE: 11/09/10
Grover Beach
The retailer violating the City Ordinance is issued an administrative citation. The Police
Department hears the case and renders a decision. The decision may be appealed to
the City Manager and ultimately to Superior Court.
San Luis Obispo County
The County Health Department initiates an administrative hearing against the retailer. If
a negative finding is sustained, the retailer may file an appeal with the Public Health
Officer and ultimately to Superior Court.
The cities certainly have an option of inserting their individual city attorney's office in the
process to the point of prosecuting the case in criminal court. The District Attorney's
Office does not generally prosecute city ordinances.
Conclusion: The City of Atascadero, in partnership with the County Health Department,
continues to desire to concentrate on Atascadero tobacco retailer education,
compliance, and enforcement, however should retail sales to minors not be reduced in
the coming months, a licensing program could be eminent.
FISCAL IMPACT:
There will be minor costs including increased staff hours resulting from the additional
focus placed on educating and warning tobacco retailers.
ALTERNATIVES:
1. Council could direct staff to draft an ordinance identifying licensing fees,
administrative citation process, fines, suspension/revocation, and appeal
process.
2. Council could take no action. This alternative is not recommended at this time
due to an increase in sales to underage buyers by tobacco retail sales
employees.
3. Council provide alternative direction to staff.
ATTACHMENT:
1. State Penal Code Section 308
47
48
ATTACHMENT 1
California Penal Code Section 308
Selling Cigarettes or Tobacco to Minor
(a) (1) Every person, firm, or corporation that knowingly or under circumstances
in which it has knowledge, or should otherwise have grounds for knowledge, sells,
gives, or in any way furnishes to another person who is under the age of 18 years any
tobacco, cigarette, or cigarette papers, or blunts wraps, or any other preparation of
tobacco, or any other instrument or paraphernalia that Is designed for the smoking or
ingestion of tobacco, products prepared from tobacco, or any controlled substance, is
subject to either a criminal action for a misdemeanor or to a civil action brought by a city
attorney, a county counsel, or a district attorney, punishable by a fine of two hundred
dollars ($200) for the first offense, five hundred dollars ($500) for the second offense,
and one thousand dollars ($1 ,000) for the third offense.
Notwithstanding Section 1464 or any other provision of law, 25 percent of each
civil and criminal penalty collected pursuant to this subdivision shall be paid to the office
of the city attorney, county counsel, or district attorney, whoever is responsible for
bringing the successful action, and 25 percent of each civil and criminal penalty
collected pursuant to this subdivision shall be paid to the city or county for the
administration and cost of the community service work component provided in
subdivision (b). Proof that a defendant, or his or her employee or agent, demanded, was
shown, and reasonably relied upon evidence of majority shall be defense to any action
brought pursuant to this subdivision. Evidence of majority of a person is a facsimile of or
a reasonable likeness of a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not limited to, a motor
vehicle operator's license, a registration certificate issued under the federal Selective
Service Act, or an identification card issued to a member of the Armed Forces. For
purposes of this section, the person liable for selling or furnishing tobacco products to
minors by a tobacco vending machine shall be the person authorizing the installation or
placement of the tobacco vending machine upon remises he or she manages or
place g p p
otherwise controls and under circumstances in which he or she has knowledge, or
should otherwise have grounds for knowledge, that the tobacco vending machine will be
utilized by minors.
(2) For purposes of this section, "blunt wraps" means cigar papers or cigar
wrappers of all types that are designed for smoking or ingestion of tobacco products
and contain less than 50p ercent tobacco.
(b) Every person under the age of 18 years who purchases, receives, or
possesses any tobacco, cigarette, or cigarette papers, or any other preparation of
tobacco, or any other instrument or paraphernalia that is designed for the smoking of
tobacco, products prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community
service work. (c) Every person, firm, or corporation that sells, or deals in tobacco or
49
ATTACHMENT 1
any preparation thereof, shall post conspicuously and keep so posted in his, her, or their
place of business at each point of purchase the notice required pursuant to subdivision
(b) of Section 22952 of the Business and Professions Code, and any person failing to
do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first
offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars
($250) for the third offense, and five hundred dollars ($500) for the fourth offense and
each subsequent violation of this provision, or by imprisonment in a county jail not
exceeding 30 days.
(d) For purposes of determining the liability of persons, firms, or corporations
controlling franchises or business operations in multiple locations for the second and
subsequent violations of this section, each individual franchise or business location shall
be deemed a separate entity.
(e) It is the Legislature's intent to regulate the subject matter of this section. As
a result, no city, county, or city and county shall adopt any ordinance or regulation
inconsistent with this section.
50
ITEM NUMBER: E— 5A
DATE: 11/09/10
City of Atascadero
Quarterly Commissioner Attendance Report
July through September, 2010
Parks & Recreation Commission July151h Aug 19th Sept 16th Sept 28th
S c Mt
Barbie Butz P Meeting Meeting P
Daniel Chacon P Cancelled Cancelled XXXXX
Christian Cooper A(E) P
Mark Dariz XXXXX XXXXX XXXXX P
Susan Greenaway P Meeting Meeting P
Sorrel Marks P Cancelled Cancelled P
Bill Wachtel P Meeting Meeting P
Tom Zirk P Cancelled Cancelled A(E)
D. Chacon resigned Commission with last meeting July 15, 2010; M Dariz appointed to Commission Sept 28, 2010
Planning Commission July Aug Sept
6tH 20tH 3rd 17tH 7tH 21st
Sandy Jack Meeting P Meeting P P Meeting
David Bentz Cancelled P Cancelled P p Cancelled
Len Colamarino Meeting P Meeting P P Meeting
Heather Moreno Cancelled P Cancelled P A(E) Cancelled
Dennis Schmidt Meeting P Meeting p p Meeting
Brian Sturtevant Cancelled P Cancelled P p Cancelled
Chuck Ward P P P
P = Present A = Absent A(E) = Excused Absence
i
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