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091112 - CC Agenda Combined
. yl 'a`$ i979CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, September 11, 2012 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:15 p.m. City Council Regular Session: 6:00 p.m. Successor Agency to the Community Immediately following the Redevelopment Agency of Atascadero conclusion of the City Council Regular Session CITY COUNCIL CLOSED SESSION: 5:15 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Save Atascadero v. City of Atascadero, et al. San Luis Obispo Superior Court Case No. 128230 b. Conference with Legal Counsel — Anticipated Litigation (one case) Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b) 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Tom O'Malley ROLL CALL: Mayor Kelley Mayor Pro Tem O'Malley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Presentation by Friends of the Library on Atascadero Public Library — Status Report / Interior Renderings 2. Recognition of State of California Special Training Award Recipients 3. Commendation to Atascadero Citizen Dave Guerena for Heroism during the Bordeaux Apartment Complex Fire 4. Recognitions to Individuals for Their Support of 4t" of July Event, 2012 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 Draft Action Minutes — August 14, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of August 14, 2012. [City Clerk] 2. JuIV 2012 Accounts Payable and Payroll ■ Fiscal Impact: $4,331,426.08. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2012. [Administrative Services] 3. Purchase of Two Police Patrol Vehicles ■ Fiscal Impact: $55,598.90 of budgeted Vehicle Replacement Funds. ■ Recommendation: Council authorize the purchase of two (2) police patrol vehicles from Wondries Fleet Group in Alhambra, California at a total cost of $55,598.90. [Police] 4. Salt and Nutrient Management Plan ■ Fiscal Impact: Atascadero's proportional share for this Regional Salt and Nutrient Management Plan is $50,226. Atascadero is currently funded for this Plan in the 2011-2013 City Budget at $70,000. Staff does not believe additional funding beyond this level will be required. ■ Recommendation: Council authorize the City Manager to execute a reimbursement agreement with the City of Paso Robles up to a maximum of $70,000 for the development of a Regional Salt and Nutrient Management Plan. [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. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Approval of Service Agreement with the Friends of the Charles Paddock Zoo, Inc. for Support Services ■ Fiscal Impact: Staff conservatively estimates that the proposed relationship with the Friends of the Charles Paddock Zoo will result in more than $250,000 dollars in fundraising support over the life of the agreement. ■ Recommendation: City Council authorize the City Manager to execute the service agreement with the Friends of the Charles Paddock Zoo. [Community Services] 2. City Council Consideration of a Public Statement Regarding the Litigation Filed Against the City on the Wal-Mart Project ■ Fiscal Impact: None. ■ Recommendation: Council receive oral report from Staff, discuss and consider the formulation of a public statement regarding the litigation filed against the City on the Wal-Mart project, and provide direction to Staff, if needed. [City Manager] 3. Draft Response to Grand Jury Report Regarding Medical Marijuana ■ Fiscal Impact: None. ■ Recommendation: Council approve the Draft Response to the Grand Jury Report entitled "Out of Sight, Out of Mind: Medical Marijuana in San Luis Obispo County" and authorize the City Manager to execute the Draft Response. [City Attorney] 4. Stormwater, FEMA Floodplain, and Wastewater Regulation Update ■ Fiscal Impact: None; update only. ■ Recommendation: Council receive and file report. [Public Works] 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.) 1. Council Member Jerry Clay — July 4t" Event Council Member Clay requests the City Council: a. Review the recent July 4t" event; and, b. Approve City sponsorship for the July 4t" 2013 event. 2. Council Member Roberta Fonzi — GHG Plan Council Member Fonzi recommends, on behalf of the Design Review Committee, that the City Council assign the review of the Green House Gases Plan to the Planning Commission. 3. Mayor Bob Kelley — Council Promotions Committee Mayor Kelley requests Council consensus to replace Tom O'Malley with Roberta Fonzi on the Council's Promotions Committee. D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. County Mayors Round Table 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council 7. Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero Mayor Pro Tem O'Malley 1. City / Schools Committee 2. Integrated Waste Management Authority (IWMA) 3. League of California Cities — CITIPAC Board Member 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (SLORTA) Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate 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 September 11, 2012 Regular Session of the Atascadero City Council was posted on September 4, 2012, 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 4th day of September, 2012, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 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. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). 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. 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). 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. 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 The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 09/11/12 F1_ ®RF-,lp n o� 1915 R NOD E; � CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, August 14, 2012 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:00 p.m. City Council Regular Session: 6:00 p.m. Successor Agency to the Community Immediately following the Redevelopment Agency of Atascadero conclusion of the City Council Regular Session CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor Kelley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION Atascadero City Council Draft Action Minutes of August 14,2012 Page 1 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 3. CLOSED SESSION -- CALL TO ORDER a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: CITY MANAGER 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT Mayor Kelley announced that the City Council evaluated the City Manager in Closed Session and they unanimously give a vote of confidence for his exceptional performance as City Manager for Atascadero. REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor Kelley called the meeting to order at 6:00 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Fonzi, Sturtevant, and Mayor Kelley Absent: Mayor Pro Tem O'Malley Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to approve the agenda. Motion passed 4:0 by a roll-call vote. Atascadero City Council Draft Action Minutes of August 14,2012 Page 2 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 PRESENTATIONS: 1. Recognition of Steve Robinson, DVM, for 20 Years of Service to the Charles Paddock Zoo Zoo Director Alan Baker introduced Dr. Robinson and thanked him for his 20 years of service to Atascadero at the Zoo. 2. Recognition of Former Parks and Recreation Commissioner Bill Wachtel for Two Years of Service to the City as a Parks and Recreation Commission Member Deputy Public Works Director Geoff English introduced Bill Wachtel and thanked him for his two years of service to Atascadero. 3. Recognition of Zach Jackson as Reserve Firefighter of the Year Fire Chief Kurt Stone introduced Zach Jackson and congratulated him for receiving the Reserve Firefighter of the Year award. 4. Employee Service Awards City Manager Wade McKinney introduced the following employees and recognized them for their service to Atascadero: Five Years of Service David Athey, Deputy Public Works Director David Sanchez, Police Officer Ten Years of Service Aaron Brown, Police Officer Twenty Years of Service Barry Hardy, Wastewater Maintenance Lead A. CONSENT CALENDAR: 1. City Council Draft Action Minutes — July 10, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of July 10, 2012. [City Clerk] Atascadero City Council Draft Action Minutes of August 14,2012 Page 3 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 2. City Council Special Meeting Draft Action Minutes — July 17, 2012 ■ Recommendation: Council approve the City Council Special Meeting Draft Action Minutes of July 17, 2012. [City Clerk] 3. June 2012 Accounts Payable and Payroll ■ Fiscal Impact: $2,488,679.72. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2012. [Administrative Services] 4. June 2012 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the City Treasurer's report for quarter ending June 2012. [Administrative Services] 5. Lease Agreement with Atascadero Historical Society ■ Fiscal Impact: The City will receive $1 .00 per year. The Society has already been paying the City $1 .00 per year since the School District deeded the Creek Reservation to the City in 2007. ■ Recommendation: Council adopt the Draft Resolution authorizing the execution of a Lease Agreement with the Atascadero Historical Society regarding Atascadero Creek Reservation #3 (#3-A1, 3-A2, and 3-B). [City Manager] 6. San Fernando Road Rehabilitation Project Award — City Bid No. 2012- 007 ■ Fiscal Impact: $422,218.48. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Calportland Construction in the amount of $422,218.48 for construction of the San Fernando Road Rehabilitation Project; and, 2. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project [Public Works] 7. EI Camino Real Barrier Removal Project Award - City Bid No. 2012-006 ■ Fiscal Impact: $108,135.25. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Rockwood General Contractors, Inc. in the amount of $108,135.25 for construction of the EI Camino Real Barrier Removal Project; and, 2. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] Atascadero City Council Draft Action Minutes of August 14,2012 Page 4 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 8. Purchase of Wastewater Electronic Control and Monitoring System Electronic Components for the Supervisory Control and Data Acquisition (SCADA) Phase II Project ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $213,000.00 of previously budgeted for the SCADA Phase II capital improvement project. ■ Recommendation: Council approve the purchase of the Supervisory Control and Data Acquisition (SCADA) electronic control equipment for $213,000.00 from TESCO Incorporated. [Public Works] MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. (#A-5: Resolution No. 2012-053, #A-6: Contract No. 2012-008, #A-7: Contract No. 2012-009) 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: Chuck Ward, Tina Salter, Mike Jackson, Karyn Sturtevant, Mike Brennler, and Jim Shannon. Mayor Kelley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Ex Parte Communications: ■ Fiscal Impact: The City will receive $123,461.03 from the 2012/2013 property tax rolls in weed abatement / refuse abatement assessments. ■ Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] Fire Chief Kurt Stone gave the staff report and answered questions from the Council. PUBLIC COMMENT: None Atascadero City Council Draft Action Minutes of August 14,2012 Page 5 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. Motion passed 4:0 by a roll-call vote. (Resolution No. 2012- 054) C. MANAGEMENT REPORTS: 1. ARTery Mural and City Sign Code ■ Fiscal Impact: None, with respect to the recommendation to vacate DRC Resolution 2012-005. Staff and attorney time would be incurred with respect to studying possible amendments to the Sign Code. ■ Recommendations: Council: 1. Vacate Administrative Hearing Officer (Design Review Committee) Resolution No. 2012-005 denying PLN 2012-1437 and Administrative Use Permit 2012-0060 to allow for an artistic mural on the wall of the ARTery store located at 5890 Traffic Way; and, 2. Direct staff to study possible amendments to the City's Sign Code (Chapter 9-15) that would clarify the Code's application to noncommercial signs, particularly murals, and provide enhanced design review procedures and guidelines for considering applications for murals and other noncommercial signs; and, 3. Direct that the City take no further action regarding the ARTery mural or PLN 2012-1437. [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Ilan Funke-Bilu, Bob Wilkins, Jim Shannon, Mike Brennler, David Broadwater, Sara Merson, Frannie Falcone, Mike Jackson, Tina Salter, and Fred Frank. Mayor Kelley closed the Public Comment period. Atascadero City Council Draft Action Minutes of August 14,2012 Page 6 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 MOTION: By Council Member Fonzi and seconded by Council Member Clay to: 1. Vacate Administrative Hearing Officer (Design Review Committee) Resolution No. 2012-005 denying PLN 2012- 1437 and Administrative Use Permit 2012-0060 to allow for an artistic mural on the wall of the ARTery store located at 5890 Traffic Way; and, 2. Direct that the City take no further action regarding the ARTery mural or PLN 2012-1437. Motion passed 4:0 by a roll-call vote. 2. Promotions Request for Proposals ■ Fiscal Impact: The City Council earmarked $176,000.00 for Promotion activities. The current budget includes $44,880 of that total; the remainder would come from General Fund Reserves. ■ Recommendations: Council: 1. Approve the Promotions Request for Proposals; and, 2. Approve $176,000 for the Promotions Program; appropriating $131 ,120 from General Fund Reserves and reallocating $44,880 from the Transfer to RDA for Tourism Fund account. [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to: 1. Approve the Promotions Request for Proposals, with the following amendment: change the budget to be a range from $100,000-$130,000; and, 2. Approve $176,000 for the Promotions Program; appropriating $131,120 from General Fund Reserves and reallocating $44,880 from the Transfer to RDA for Tourism Fund account. Motion passed 4:0 by a roll-call vote. Atascadero City Council Draft Action Minutes of August 14,2012 Page 7 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 3. Potential Hotel Development at Home Depot Center — Request for Deferred Payment of Development Fees ■ Fiscal Impact: As a result of this development, permit fees of approximately $110,000 and development fees of $610,220 will be received. Once the hotel is open, annual increases in General Fund revenue will be significant with annual revenues close to $400,000 being realized. ■ Recommendations: Council: 1. Approve the proposal from Atascadero 101 Associates to defer payment of development fees over a period of five years for construction of a 130-room suites hotel and banquet facility at the Home Depot Center; and, 2. Direct staff to negotiate details and prepare final documents for City Council consideration. [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Peter Koetting, Anna Corgan, and Chuck Ward. Mayor Kelley closed the Public Comment period. MOTION: By Council Member Clay and seconded by Council Member Sturtevant to: 1. Approve the proposal from Atascadero 101 Associates to defer payment of development fees over a period of five years for construction of a 130-room suites hotel and banquet facility at the Home Depot Center; and, 2. Direct staff to negotiate details and prepare final documents for City Council consideration, including an fixed interest rate, and no pre-payment penalty. Motion passed 4:0 by a roll-call vote. 4. Draft Response to Grand Jury Report - "A Vital Function of the Judicial System: Law Enforcement Property and Evidence Rooms" ■ Fiscal Impact: None. ■ Recommendations: Council approve the Draft Response to the Grand Jury Report Form and authorize the City Manager to execute the document on the City Council's behalf. [City Manager] Atascadero City Council Draft Action Minutes of August 14,2012 Page 8 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 City Manager Wade McKinney gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Fonzi and seconded by Council Member Clay to approve the Draft Response to the Grand Jury Report Form and authorize the City Manager to execute the document on the City Council's behalf. Motion passed 4:0 by a roll-call vote. 5. Chicago Grade Landfill Contract Renewal ■ Fiscal Impact: The new regulations have the potential to increase garbage collection rates to homeowners in the City approximately $0.20 per month, businesses would pay more based on the volume / weight of garbage produced. The landfill rate and consumers garbage collection rate could potentially increase every two years based on the cost of living provisions described above. It is anticipated bi-annual increases would be modest, similar to the $0.20 per month initial increase. City revenues from landfill tipping fees would remain stable at pre-existing levels. ■ Recommendations: Council authorize the City Manager to execute a contract with Chicago Grade Landfill, Inc. for exclusive depositing of City waste collections into Chicago Grade Landfill. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Susan Petrovich. Mayor Kelley closed the Public Comment period. MOTION: By Council Member Sturtevant and seconded by Council Member Clay to authorize the City Manager to execute a contract with Chicago Grade Landfill, Inc. for exclusive depositing of City waste collections into Chicago Grade Landfill. Motion passed 4:0 by a roll-call vote. (Contract No. 2012-010) Atascadero City Council Draft Action Minutes of August 14,2012 Page 9 of 10 ITEM NUMBER: A- 1 DATE: 09/11/12 COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: City Manager Mr. McKinney announced that Jim Lewis, Brady Cherry, Brian Sturtevant and himself would be attending the League of California Cities' Annual Conference in San Diego the first week in September. City Clerk Ms. Torgerson announced that the nomination period has closed for the election of City Council Members and Mayor in November. She stated that Tom O'Malley is running unopposed for Mayor, and Roberta Fonzi, Bob Kelley, and Ann Ketcherside are running for the two City Council seats. The election will be November 6, 2012. F. ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO Mayor Kelley adjourned the meeting at 8:35 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager Atascadero City Council Draft Action Minutes of August 14,2012 Page 10 of 10 ITEM NUMBER: A - 2 DATE: 00/11/12 .rw Atascadero City Council Staff Report - Administrative Services Department July 2012 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2012, DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 7/5112 Checks # 29698 - 29739 $ 251,572.81 Direct Deposits 28,33167 Dated 7/19/12 Checks # 29740- 29780 265,924.81 Direct Deposits 24,625.74 Accounts Payable Dated 7/1/12 - 7/31/12 Checks # 133565 - 134115 & EFTs 1137 - 1148 3,760,969.05 TOTAL. AMOUNT $ 4,331,426.08 FISCAL IMPACT: Total expenditures for all funds is $ 4,331,426.08 CERTIFICATION: The undersigned certifies that the attached demands have been released for payrgent and that funds are available for these demands Rachelle Rickard, Dire tar of Administrative Services ATTACHMENT: July 2012 Eden Warrant Register in the amount of $ 3,760,969.05 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133565 07/02/2012 29TONIGHT, CO. Accounts Payable Check 145.71 133566 07/02/2012 ACES TRANSCRIBING&SECRETARIA Accounts Payable Check 269.50 133567 07/02/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 176.15 133568 07/02/2012 ALLIANT INT. UNIVERSITY Accounts Payable Check 155.00 133569 07/02/2012 ALTHOUSE&MEADE, INC. Accounts Payable Check 285.00 133570 07/02/2012 AMERICAN MARBORG Accounts Payable Check 215.21 133571 07/02/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,423.85 133572 07/02/2012 AT&T Accounts Payable Check 1,588.45 133573 07/02/2012 AT&T Accounts Payable Check 759.43 133574 07/02/2012 ATASCADERO HAY& FEED Accounts Payable Check 1,192.07 133575 07/02/2012 ATASCADERO K-9 FOUNDATION Accounts Payable Check 10.00 133576 07/02/2012 ATASCADERO LOAVES&FISHES Accounts Payable Check 10,000.00 133577 07/02/2012 ATASCADERO NEWS Accounts Payable Check 333.50 133578 07/02/2012 ATASCADERO YOUTH SOCCER ASSC Accounts Payable Check 50.00 133579 07/02/2012 AURORA WORLD, INC. Accounts Payable Check 959.90 133580 07/02/2012 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 206.54 133581 07102/2012 BAUER COMPRESSORS Accounts Payable Check 1,470.00 133582 07/02/2012 LUCA P. BENEDETTI Accounts Payable Check 15.35 133583 07/02/2012 BERRY MAN, INC. Accounts Payable Check 934.50 133584 07/02/2012 PAUL BINNEBOZE Accounts Payable Check 20.00 133585 07/02/2012 JOHN BLAIR Accounts Payable Check 145.00 133586 07/02/2012 BRICK MARKERS USA Accounts Payable Check 134.00 133587 07/02/2012 AARON BROWN Accounts Payable Check 1.62 133588 07/02/2012 ROB BROWN Accounts Payable Check 20.00 133589 07/02/2012 LISA BROWNIE Accounts Payable Check 250.00 133590 07/02/2012 ERIN M. BRZYKEY Accounts Payable Check 63.00 133591 07/02/2012 CAL-COAST MACHINERY, INC Accounts Payable Check 98.73 133592 07/02/2012 DON CALE Accounts Payable Check 10,00 133593 07/02/2012 CALPORTLAND Accounts Payable Check 1,326.39 133594 07/02/2012 KATE CAPELA Accounts Payable Check 200.00 133595 07/02/2012 PATRICIA CASELLO Accounts Payable Check 12.00 133596 07/02/2012 CCC-ICC Accounts Payable Check 25.00 133597 07/0212012 CENTRAL COAST SEAFOOD Accounts Payable Check 1,102.70 133598 07/02/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 428.00 133599 07/02/2012 PAULETTE CLAIRE Accounts Payable Check 6.00 133600 07/02/2012 DAVID CLOUS Accounts Payable Check 155.00 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133601 07/02/2012 COAST ELECTRONICS Accounts Payable Check 5,173.74 133602 07/02/2012 COAST LINE DISTRIBUTING Accounts Payable Check 1,398.65 133603 07/02/2012 COASTAL COPY, LP Accounts Payable Check 134.97 133604 07/02/2012 COLONY AUTO SERVICE, INC. Accounts Payable Check 1,009.10 133605 07/02/2012 CORELOGIC INF. SOLUTIONS, INC. Accounts Payable Check 100.00 133606 07/02/2012 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 142.50 133607 07/02/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 139.53 133608 07/02/2012 MATTHEW J. CURRY Accounts Payable Check 165.00 133609 07/02/2012 BRIAN S. DAVIN, JR. Accounts Payable Check 252.00 133610 07/02/2012 ALYSSA DEBENEDETI Accounts Payable Check 20.00 133611 07/02/2012 DECOU LUMBER COMPANY Accounts Payable Check 46.51 133612 07/02/2012 DEPARTMENT OF JUSTICE Accounts Payable Check 49.00 133613 07/02/2012 DIAN1 BUILDING CORPORATION Accounts Payable Check 440,353.68 133614 07/02/2012 CHARLES DICKEY Accounts Payable Check 25.00 133615 07/02/2012 EARTH SYSTEMS PACIFIC Accounts Payable Check 21,671.25 133616 07/02/2012 KERRIN EDMONDS Accounts Payable Check 9.00 133617 07/02/2012 ED'S FLY MEAT, LLC Accounts Payable Check 101.50 133618 07/02/2012 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 580.00 133619 07/02/2012 EL CAMINO CAR WASH LLC Accounts Payable Check 31.00 133620 07/02/2012 EL CAMINO HOMELESS ORG. Accounts Payable Check 12,500.00 133621 07/02/2012 EMI SPORTWEAR Accounts Payable Check 522.13 133622 07/02/2012 EMPLOYEE BENEFIT SPEC., INC. Accounts Payable Check 20.00 133623 07/02/2012 ENVIRONMENTAL CONCEPTS Accounts Payable Check 4,889.61 133624 07/02/2012 ESCUELA DEL RIO Accounts Payable Check 200.00 133625 07/02/2012 ESTEEM Accounts Payable Check 10.00 133626 07/02/2012 FEDERAL EXPRESS Accounts Payable Check 270.16 133627 07/02/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 624.34 133628 07/02/2012 KEN FORMAN Accounts Payable Check 10.00 133629 07/02/2012 RUBEN GARCIA Accounts Payable Check 20.00 133630 07/02/2012 DAVID A. GARI BAY Accounts Payable Check 216.00 133631 07/02/2012 GIL GARIBAY Accounts Payable Check 20.00 133632 07/02/2012 ANDREW J. GEFTAKYS Accounts Payable Check 114.00 133633 07/02/2012 GEM AUTO PARTS Accounts Payable Check 215.64 133634 07/02/2012 GOLDING CONCRETE SAWING Accounts Payable Check 200.00 133635 07/02/2012 GOPHER STOMPERS, INC. Accounts Payable Check 100.00 133636 07/02/2012 RUSTY GRAF Accounts Payable Check 20.00 133637 07/02/2012 GREEN TRADING USA Accounts Payable Check 140.51 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133638 07/02/2012 JAMES GREENAWAY Accounts Payable Check 24.65 133639 07/02/2012 GROUND UP DESIGN & CONST. MGMT Accounts Payable Check 678.75 133640 07/02/2012 ROY A. HANLEY Accounts Payable Check 45.00 133641 07/02/2012 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 20,891.89 133642 07/02/2012 HART IMPRESSIONS PRINT© Accounts Payable Check 776,36 133643 07/02/2012 WESLEY HATAKEYAMA Accounts Payable Check 10.00 133644 07/02/2012 HOBSON'S POLYGRAPH SERVICE Accounts Payable Check 175.00 133645 07/02/2012 CORY HOCHMAN Accounts Payable Check 20.00 133646 07/02/2012 HOLIDAY INN EXPRESS Accounts Payable Check 1,133.00 133647 07/02/2012 CHRIS HOREJSi Accounts Payable Check 128.70 133648 07/02/2012 HOT FOCUS, INC. Accounts Payable Check 207.06 133649 07/02/2012 KEVIN HOUGH Accounts Payable Check 5.00 133650 07/02/2012 DANA J. HUMPHREY Accounts Payable Check 85.00 133651 07/02/2012 INDEPENDENT STATIONERS Accounts Payable Check 32.11 133652 07/02/2012 INFORMATION TECHNOLOGY Accounts Payable Check 806.14 133653 07/02/2012 J. CARROLL CORPORATION Accounts Payable Check 438.15 133654 07/02/2012 JOHN JAMROG Accounts Payable Check 190.00 133655 07/02/2012 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 188.58 133656 07/02/2012 JOHN DEERE LANDSCAPES, INC. Accounts Payable Check 77.08 133657 07/02/2012 CHRISTOPHER A. JOHNSTON Accounts Payable Check 240.00 133658 07/02/2012 BOB KELLEY Accounts Payable Check 235.32 133659 07/02/2012 KELLY-MOORE PAINT COMPANY, INC Accounts Payable Check 266.28 133660 07/02/2012 KID TEES Accounts Payable Check 121.00 133661 07/02/2012 LEONARD J. LA CASTO Accounts Payable Check 119.00 133662 07/02/2012 LAFEBER COMPANY Accounts Payable Check 313.18 133663 07/02/2012 LAYNE LABORATORIES, INC. Accounts Payable Check 279,16 133664 07/02/2012 LEHIGH HANSON Accounts Payable Check 6,512.42 133665 07/02/2012 JORDAN LESTER Accounts Payable Check 20.00 133666 07/02/2012 JACKSON LIGHT Accounts Payable Check 57.00 133667 07/02/2012 THOMAS LITTLE Accounts Payable Check 170.00 133668 07/02/2012 LONDON ENTERPRISES Accounts Payable Check 10.00 133669 07/02/2012 LARISSE LOPEZ Accounts Payable Check 8.32 133670 07/02/2012 LOS ANGELES CO SHERIFF'S DEPT Accounts Payable Check 185.00 133671 07/02/2012 MADRONE LANDSCAPES, INC. Accounts Payable Check 3,861.50 133672 07/02/2012 MIKE MALMER Accounts Payable Check 20.00 133673 07/02/2012 BECKY MAXWELL Accounts Payable Check 66.05 133674 07/02/2012 MEDWORKS MEDICAL CENTER Accounts Payable Check 300.00 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133675 07/02/2012 CORY MEYER Accounts Payable Check 145.00 133676 07/02/2012 MID-COAST MOWER&SAW, INC. Accounts Payable Check 1,726.22 133677 07/02/2012 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 1,824.40 133678 07/02/2012 MINER'S ACE HARDWARE Accounts Payable Check 368.19 133679 07/02/2012 MATTHEW J.MIRANDA Accounts Payable Check 92.00 133680 07/02/2012 MISSION COMMUNITY BANK Accounts Payable Check 2,310.00 133681 07/02/2012 MISSION UNIFORM SERVICE Accounts Payable Check 251.12 133682 07/02/2012 MICHAL S. MOSES Accounts Payable Check 1,076.44 133683 07/02/2012 MOUNTAIN SHADES, INC. Accounts Payable Check 100.12 133684 07/02/2012 WILLIAM M. NASON Accounts Payable Check 59.00 133685 07/02/2012 NBS Accounts Payable Check 5,835.02 133686 07/02/2012 CHRIS NORTE Accounts Payable Check 20.00 133687 07/02/2012 OFFICE DEPOT INC. Accounts Payable Check 295.24 133688 07/02/2012 OPTIONS Accounts Payable Check 550.00 133689 07/02/2012 O'REILLYAUTOMOTIVE, INC. Accounts Payable Check 34.88 133690 07/02/2012 TARA ORLICK Accounts Payable Check 19.15 133691 07/02/2012 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 494.73 133692 07/02/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 296.45 133693 07/02/2012 PC MALL Accounts Payable Check 843,63 133694 07/02/2012 PEPSI BEVERAGES COMPANY Accounts Payable Check 140.39 133695 07/02/2012 PERRY'S ELECTRIC MOTORS&CTRL Accounts Payable Check 2,597.92 133696 07/02/2012 PERRY°S PARCEL&COURIER SVC Accounts Payable Check 216.94 133697 07/02/2012 PETTY CASH-FINANCE DEPARTMENT Accounts Payable Check 93.39 133698 07/02/2012 PETTY CASH-POLICE DEPARTMENT Accounts Payable Check 225.07 133699 07/02/2012 PHILLIPS INTERNATIONAL, INC. Accounts Payable Check 420.35 133700 07/02/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 1,002.76 133701 07/02/2012 PRP COMPANIES Accounts Payable Check 1,175.79 133702 07/02/2012 RADIO SHACK CORPORATION Accounts Payable Check 79.30 133703 07/02/2012 ANATOLIO RANGEL Accounts Payable Check 10.00 133704 07/02/2012 RECOGNITION WORKS Accounts Payable Check 16.09 133705 07/02/2012 RENAUD ENTERPRISES, INC. Accounts Payable Check 145.28 133706 07/02/2012 MARGARET RITENOUR Accounts Payable Check 50.00 133707 07/02/2012 ROGER RODRIGUEZ Accounts Payable Check 20.00 133708 07/02/2012 S.W. MARTIN&ASSOCIATES Accounts Payable Check 3,000.00 133709 07/02/2012 SAN LUIS MOTORSPORTS Accounts Payable Check 130.13 133710 07/02/2012 SAN LUIS PERSONNEL INC. Accounts Payable Check 578.53 133711 07/02/2012 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 1,006.98 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133712 07/02/2012 STEVE SANDEFFER Accounts Payable Check 100.00 133713 07/02/2012 SANTA MARGARITA CONST. CORP. Accounts Payable Check 20,790.00 133714 07/02/2012 PAUL SAUERESSIG Accounts Payable Check 20.00 133715 07/02/2012 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 475.00 133716 07/02/2012 ALAN F. SCIOCCHETTI Accounts Payable Check 108,00 133717 07/02/2012 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 314.36 133718 07/02/2012 ISABEL SHIER Accounts Payable Check 18.00 133719 07/02/2012 SLO COUNTY SHERIFF Accounts Payable Check 194.00 133720 07/02/2012 SPORTABOUT EQUIPMENT Accounts Payable Check 1,574.32 133721 07/02/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 2,303.28 133722 07/02/2012 KURT W. STONE Accounts Payable Check 140.00 133723 07/02/2012 TAFT ELECTRIC COMPANY Accounts Payable Check 31,790.48 133724 07/02/2012 TEMPLETON UNIFORMS Accounts Payable Check 110.58 133725 07/02/2012 JANET TINGLEY Accounts Payable Check 556,50 133726 07/02/2012 TOYSMITH Accounts Payable Check 152.24 133727 07/02/2012 TY, INC. Accounts Payable Check 135.00 133728 07/02/2012 ULTREX BUSINESS PRODUCTS Accounts Payable Check 324.67 133729 07/02/2012 UNCLE'S BAITS Accounts Payable Check 62.85 133730 07/02/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 1,584.00 133731 07/02/2012 USA BLUE BOOK Accounts Payable Check 119.95 133732 07/02/2012 IWINA M.VAN BEEK Accounts Payable Check 19.00 133733 07/02/2012 TYSON VAN HORN Accounts Payable Check 112.60 133734 07/02/2012 VIDEO PALACE Accounts Payable Check 11.24 133735 07/02/2012 TINA VILLALON Accounts Payable Check 187.00 133736 07/02/2012 WALLACE GROUP Accounts Payable Check 6,679.31 133737 07/02/2012 SANDRA M.WALLSCH-DRURY Accounts Payable Check 124.80 133738 07/02/2012 JENNIFER C.WARD Accounts Payable Check 14.00 133739 07/02/2012 WARM FUZZY TOYS Accounts Payable Check 380.06 133740 07/02/2012 NORMAN WHITMARK Accounts Payable Check 10.00 133741 07/02/2012 WILD REPUBLIC Accounts Payable Check 2,199.63 133742 07/02/2012 WILLIAMS FLOORING AMERICA, INC Accounts Payable Check 545.00 133743 07/0212012 DAVE WILLS Accounts Payable Check 10.00 133744 07/02/2012 CADE WILSON Accounts Payable Check 20.00 133745 07/02/2012 ED WORLEY Accounts Payable Check 20.00 133746 07/02/2012 WYSONG CONSTRUCTION CO. Accounts Payable Check 191,637.68 133747 07/02/2012 YESTERDAYS SPORTSWEAR Accounts Payable Check 108.58 133748 07/02/2012 ZOOLOGICAL SOCIETY OF SLO CO Accounts Payable Check 100.00 City of Atascadero Disbursement Listinq For the Month of July 2012 Check Check Number Date Vendor Description Amount 133749 07/03/2012 MATTHEW R.AANERUD Accounts Payable Check 230.00 133750 07/03/2012 AFSS-SOUTHERN DIVISION Accounts Payable Check 50.00 133751 07/03/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 6,067.00 133752 07/03/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 1,294.00 133753 07/03/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 176.15 133754 07/03/2012 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00 133756 07/03/2012 CA J.P.I.A. Accounts Payable Check 740,698.00 133757 07/03/2012 CA POLICE CHIEFS ASSC Accounts Payable Check 380.00 133758 07/03/2012 CASH Accounts Payable Check 200.00 133759 07/03/2012 BRADY CHERRY Accounts Payable Check 300.00 133760 07/03/2012 DANIEL E. ERNST Accounts Payable Check 250.00 133761 07/03/2012 WARREN FRACE Accounts Payable Check 300.00 133762 07/03/2012 ICMA Accounts Payable Check 2,683.70 133763 07/03/2012 DEBRA K. LEASURE Accounts Payable Check 250.00 133764 07/03/2012 JAMES R. LEWIS Accounts Payable Check 250.00 133765 07/03/2012 LIEBERT CASSIDY WHITMORE Accounts Payable Check 3,360.00 133766 07/03/2012 WADE MCKINNEY Accounts Payable Check 500.00 133767 07/03/2012 PROGRESSIVE SOLUTIONS, INC. Accounts Payable Check 5,314.49 133768 07/03/2012 RACHELLE RICKARD Accounts Payable Check 300.00 133769 07/03/2012 SLO AIR POLLUTION CONTROL DIST Accounts Payable Check 2,008.00 133770 07/03/2012 SLO CO FIRE SERVICE TRAINING Accounts Payable Check 50.00 133771 07/03/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 155.82 133772 07/03/2012 SUCCESSOR AGENCY TO COMM. Accounts Payable Check 31,133.00 133773 07/03/2012 RUSS THOMPSON Accounts Payable Check 300.00 133774 07/03/2012 TRAINING INNOVATIONS, INC. Accounts Payable Check 600.00 133775 07/03/2012 U.S. POSTAL SERVICE/NEOPOST Accounts Payable Check 5,000.00 1142 07/05/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,217.27 133776 07/06/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 133777 07/06/2012 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 133778 07/06/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,271.75 133779 07/06/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,571.23 133780 07/06/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 133781 07/06/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,970.96 133782 07/06/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,623.19 133783 07/06/2012 SEIU LOCAL 620 Payroll Vendor Payment 799.84 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133784 07/06/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 133785 07/06/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,231.20 1137 07/09/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 1138 07/09/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 41,530.99 1139 07/09/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 57,569.95 1140 07/10/2012 RABOBANK, N.A. Payroll Vendor Payment 49,380.74 1141 07/10/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,621.62 133786 07/10/2012 SLO COUNTY AUDITOR-CONTROLLER Accounts Payable Check 1,082,582.43 133787 07/13/2012 AARON MILLS CONSTRUCTION, INC. Accounts Payable Check 1,500,00 133788 07/13/2012 ACTIVE MEDICAL&SAFETY Accounts Payable Check 65.26 133789 07/13/2012 AECOM USA, INC. Accounts Payable Check 15,410.25 133790 07/13/2012 A-JAY EXCAVATING, INC. Accounts Payable Check 324.00 133791 07/13/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,725.65 133792 07/13/2012 AT&T Accounts Payable Check 133.65 133793 07/13/2012 AT&T Accounts Payable Check 297.59 133794 07/13/2012 AT&T Accounts Payable Check 34.83 133796 07/13/2012 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 21,011.75 133797 07/13/2012 ROBERT J. BAGBY Accounts Payable Check 620.87 133798 07/13/2012 JENAMARIE P. BAIRD Accounts Payable Check 199.50 133799 07/13/2012 BELL'S PLUMBING REPAIR, INC, Accounts Payable Check 199.00 133800 07/13/2012 NICHOLAS P. BOONISAR Accounts Payable Check 198.00 133801 07/13/2012 SHIRLEY R. BRUTON Accounts Payable Check 162.60 133802 07/13/2012 CA CODE CHECK, INC, Accounts Payable Check 706.25 133803 07/13/2012 CALPORTLAND Accounts Payable Check 2,366.64 133804 07/13/2012 JIM CAMPANA Accounts Payable Check 125.47 133805 07/13/2012 CHARTER COMMUNICATIONS Accounts Payable Check 983.81 133806 07/13/2012 CHEVRON&TEXACO BUS. CARD Accounts Payable Check 1,242.66 133807 07/13/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 20.00 133808 07/13/2012 KATHLEEN J. CINOWALT Accounts Payable Check 196.00 133809 07/13/2012 COAST ELECTRONICS Accounts Payable Check 600.00 133810 07/13/2012 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 86.42 133811 07/13/2012 COBAN TECHNOLOGIES, INC. Accounts Payable Check 286.13 133812 07/13/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 122.27 133813 07/13/2012 BRIAN S. DAVIN, JR, Accounts Payable Check 108.00 133814 07/13/2012 DEPARTMENT OF CONSERVATION Accounts Payable Check 425.68 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133815 07/13/2012 DEPT OF TOXIC SUBSTANCES CTRL Accounts Payable Check 200.00 133816 07/13/2012 DRIVE CUSTOMS Accounts Payable Check 524.29 133817 07/13/2012 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 350.00 133818 07/13/2012 VOID Accounts Payable Check 0.00 133819 07/13/2012 FERGUSON ENTERPRISES, INC. Accounts Payable Check 484.92 133820 07/13/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 172.50 133821 07/13/2012 FGL ENVIRONMENTAL Accounts Payable Check 494.00 133822 07/13/2012 FOREST NURSERIES, INC. Accounts Payable Check 91.70 133823 07/13/2012 FRAZEE INDUSTRIES, INC. Accounts Payable Check 34.19 133824 07/13/2012 GALLS, LLC Accounts Payable Check 25.85 133825 07/13/2012 DAVID A. GARIBAY Accounts Payable Check 90.00 133826 07/13/2012 GAS COMPANY Accounts Payable Check 506.93 133827 07/13/2012 ANDREW J. GEFTAKYS Accounts Payable Check 57.00 133828 07/13/2012 GEM AUTO PARTS Accounts Payable Check 97.62 133829 07/13/2012 GILBERT'S LANDSCAPES Accounts Payable Check 420.25 133830 07/13/2012 GRAINGER Accounts Payable Check 422.30 133831 07/13/2012 VOID Accounts Payable Check 0.00 133832 07/13/2012 BRADLEY A. HACKLEMAN Accounts Payable Check 615.00 133833 07/13/2012 NATHAN HASCH Accounts Payable Check 534.29 133834 07/13/2012 HOME DEPOT Accounts Payable Check 1,857.48 133835 07/13/2012 INDEPENDENT STATIONERS Accounts Payable Check 147.36 133836 07/13/2012 INGLIS PET HOTEL Accounts Payable Check 146.54 133837 07/13/2012 EVELYN R. INGRAM Accounts Payable Check 863.35 133838 07/13/2012 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 1,900.88 133839 07/13/2012 CAROL D. JANSSEN Accounts Payable Check 1,011.60 133840 07/13/2012 KARP LAND SURVEYS Accounts Payable Check 305.00 133841 07/13/2012 LAUTZENH[SER'S STATIONARY Accounts Payable Check 138.69 133842 07/13/2012 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 3,068.58 133843 07/13/2012 RORY W. LINN Accounts Payable Check 189.35 133844 07/13/2012 MADRONE LANDSCAPES, INC. Accounts Payable Check 4,740.00 133845 07/13/2012 MAINLINE UTILITY CO. Accounts Payable Check 450.00 133846 07/13/2012 ANNETTE MANIER Accounts Payable Check 42.22 133847 07/13/2012 STEVE MARTIN Accounts Payable Check 71.00 133848 07/13/2012 MEDWORKS MEDICAL CENTER Accounts Payable Check 555.00 133849 07/13/2012 MID-COAST MOWER&SAW, INC. Accounts Payable Check 38.34 133850 07/13/2012 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 1,807.16 133851 07/13/2012 MINER'S ACE HARDWARE Accounts Payable Check 471.38 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check (dumber Date Vendor Description Amount 133852 07/13/2012 MISSION UNIFORM SERVICE Accounts Payable Check 347.19 133853 07/13/2012 REON C MONSON Accounts Payable Check 240.00 133854 07/13/2012 NORTH COAST ENGINEERING INC. Accounts Payable Check 181.50 133855 07/13/2012 OFFICE DEPOT INC. Accounts Payable Check 654.52 133858 07/13/2012 PACIFIC GAS AND ELECTRIC Accounts Payable Check 45,969.56 133859 07/13/2012 PARADISE COALITION, INC. Accounts Payable Check 650.40 133860 07/13/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 50.48 133861 07/13/2012 PETTY CASH-FIRE DEPARTMENT Accounts Payable Check 18.20 133862 07/13/2012 PFEIFFER PARTNERS, INC. Accounts Payable Check 33,825.98 133863 07/13/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 1,626.30 133864 07/13/2012 RBK, INC. Accounts Payable Check 808.60 133865 07/13/2012 RECOGNITION WORKS Accounts Payable Check 46.12 133866 07/13/2012 ROB DAVIS BACKHOE Accounts Payable Check 4,370.00 133867 07/13/2012 MICHELLE R. ROGERS Accounts Payable Check 294.00 133868 07/13/2012 SAFETY DRIVERS ED., LLC. Accounts Payable Check 68.60 133869 07/13/2012 SAN LUIS PERSONNEL INC. Accounts Payable Check 715.12 133870 07/13/2012 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 279.30 133871 07/13/2012 ALAN F. SCIOCCHETTI Accounts Payable Check 54.00 133872 07/13/2012 SHELL Accounts Payable Check 1,094.70 133873 07/13/2012 SUNLIGHT JANITORIAL Accounts Payable Check 2,963.50 133874 07/13/2012 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 528.00 133875 07/13/2012 TEMPLETON UNIFORMS Accounts Payable Check 1,165.97 133876 07/13/2012 TESCO CONTROLS, INC. Accounts Payable Check 2,500.00 133877 07/13/2012 TRIPLE J GREASE REMOVAL Accounts Payable Check 400.00 133878 07/13/2012 TRM GOOD, LLC Accounts Payable Check 594.00 133879 07/13/2012 ULTREX BUSINESS PRODUCTS Accounts Payable Check 7.00 133880 07/13/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 3,168.00 133881 07/13/2012 UNIVAR USA, INC. Accounts Payable Check 5,408.41 133882 07/13/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 729.21 133883 07/13/2012 IWINA M. VAN BEEK Accounts Payable Check 651.00 133884 07/13/2012 VERIZON WIRELESS Accounts Payable Check 1,980.00 133885 07/13/2012 TOM WAY Accounts Payable Check 37.80 133886 07/13/2012 BRIAN WESTERMAN Accounts Payable Check 382.00 133887 07/13/2012 WESTERN JANITOR SUPPLY Accounts Payable Check 257.42 133888 07/13/2012 WILLIAM P.WHITE Accounts Payable Check 237.00 133889 07/13/2012 WRIGHT EXPRESS FSC-76 FLEET Accounts Payable Check 244.17 133890 07/13/2012 WRIGHT EXPRESS FSC-76 UNIVERSL Accounts Payable Check 13,156.23 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133891 07/13/2012 KAREN B.WYKE Accounts Payable Check 420.00 133892 07/16/2012 ACES TRANSCRIBING& SECRETARIA Accounts Payable Check 121.00 133893 07/16/2012 AMERICAN WEST TIRE &AUTO INC Accounts Payable Check 471.07 133894 07/16/2012 DAVID ANASTASIA Accounts Payable Check 507.15 133895 07/16/2012 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 26,495.00 133896 07/16/2012 CAJ.P.I.A, Accounts Payable Check 20,816.00 133897 07/16/2012 CHEVRON &TEXACO BUS. CARD Accounts Payable Check 151.65 133898 07/16/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 20.00 133899 07/16/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 131.74 133900 07/16/2012 DISH NETWORK, LLC Accounts Payable Check 91.99 133901 07/16/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 203.70 133902 07/16/2012 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 728.00 133903 07/16/2012 DORIAN M. HACHIGIAN Accounts Payable Check 250.00 133904 07/16/2012 LUKE KNIGHT Accounts Payable Check 604.07 133905 07/16/2012 MINER'S ACE HARDWARE Accounts Payable Check 180.80 133906 07/16/2012 MISSION UNIFORM SERVICE Accounts Payable Check 171.92 133907 07/16/2012 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 4,750.00 133908 07/16/2012 MARTIN E. PARIS Accounts Payable Check 250.00 133909 07/16/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 517.04 133910 07/16/2012 JOSEPH D. PILLOUD Accounts Payable Check 250.00 133911 07/16/2012 ROLSON MUSIC &SOUND Accounts Payable Check 700.00 133912 07/16/2012 JAMES SCOOLIS Accounts Payable Check 250.00 133913 07/16/2012 SHELL Accounts Payable Check 53.29 133914 07/16/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 862.72 133915 07/16/2012 IWINA M.VAN SEEK Accounts Payable Check 24.00 133916 07/16/2012 SANDRA M. WALLSCH-DRURY Accounts Payable Check 86.40 133932 07/19/2012 U.S. BANK Accounts Payable Check 21,294.55 1143 07/20/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 1144 07/20/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 43,983.60 1145 07/20/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEA Payroll Vendor Payment 74,830.79 133917 07/20/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 133918 07/20/2012 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 133919 07/20/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,271.75 133920 07/20/2012 AXA EQUITABLE Payroll Vendor Payment 520.12 133921 07/20/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,571.23 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133922 07/20/2012 VOID Payroll Vendor Payment 0.00 133923 07/20/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 133924 07/20/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 10,570.96 133925 07/20/2012 ICMA-RC Accounts Payable Check 125.00 133926 07/20/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,060.13 133927 07/20/2012 SEIU LOCAL 620 Payroll Vendor Payment 811.60 133928 07/20/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 133929 07/20/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 3,681.20 1146 07/24/2012 RABOBANK, N.A. Payroll Vendor Payment 52,844.96 1147 07/24/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 14,103.86 1148 07/24/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,280.69 133933 07/30/2012 29TONIGHT, CO. Accounts Payable Check 249.28 133934 07/30/2012 A& R CONSTRUCTION Accounts Payable Check 1,800.00 133935 07/30/2012 ADVANCED SEPTIC & SEWER SVC Accounts Payable Check 375.00 133936 07/30/2012 KELLY AREBALO Accounts Payable Check 1,120.94 133939 07/30/2012 AT&T Accounts Payable Check 1,253.34 133940 07/30/2012 AT&T Accounts Payable Check 807.09 133941 07/30/2012 ATASCADERO 76 Accounts Payable Check 5.15 133942 07/30/2012 ATASCADERO HAY& FEED Accounts Payable Check 1,591.77 133943 07/30/2012 ATASCADERO NEWS Accounts Payable Check 1,460,00 133944 07/30/2012 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 87.64 133945 07/30/2012 BATTERY SYSTEMS Accounts Payable Check 8.54 133946 07/30/2012 BAUER COMPRESSORS Accounts Payable Check 842.19 133947 07/30/2012 BELL'S PLUMBING REPAIR, INC. Accounts Payable Check 98.00 133948 07/30/2012 BERRY MAN, INC. Accounts Payable Check 589.73 133949 07/30/2012 CALPORTLAND Accounts Payable Check 178.12 133950 07/30/2012 CARGILL MEAT SOLUTIONS CORP. Accounts Payable Check 3,920.67 133951 07/30/2012 CASQA Accounts Payable Check 550.00 133952 07/30/2012 CHARLES PRODUCTS, INC. Accounts Payable Check 210.16 133953 07/30/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 20.00 133954 07/30/2012 COAST LINE DISTRIBUTING Accounts Payable Check 514.67 133955 07/30/2012 COASTAL COPY, LP Accounts Payable Check 154.55 133956 07/30/2012 CORELOGIC INF. SOLUTIONS, INC. Accounts Payable Check 100.00 133957 07/30/2012 CRAFCO, INC. Accounts Payable Check 2,037.75 133958 07/30/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 42.77 133959 07/30/2012 D4 ELECTRIC Accounts Payable Check 1,108.37 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133960 07/30/2012 DIAMONDBACK FIRE& RESCUE, INC Accounts Payable Check 1,465.06 133961 07/30/2012 DIANI BUILDING CORPORATION Accounts Payable Check 26,023.34 133962 07/30/2012 MONICA DOMINGUEZ Accounts Payable Check 32.08 133963 07/30/2012 ED'S FLY MEAT, LLC Accounts Payable Check 55.25 133964 07/30/2012 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 1,995.00 133965 07/30/2012 SU ELLIS Accounts Payable Check 136.65 133966 07/30/2012 EMPLOYEE BENEFIT SPEC., INC. Accounts Payable Check 20.00 133967 07/30/2012 ESCUELA DEL RIO Accounts Payable Check 240.00 133968 07/30/2012 FGL ENVIRONMENTAL Accounts Payable Check 137.00 133969 07/30/2012 FIRST TRANSIT, INC. Accounts Payable Check 18,545.08 133970 07/30/2012 GAS COMPANY Accounts Payable Check 67.77 133971 07/30/2012 GIERLICH-MITCHELL, INC. Accounts Payable Check 3,193.00 133972 07/30/2012 GOLDING CONCRETE SAWING Accounts Payable Check 200.00 133973 07/30/2012 GREEN TRADING USA Accounts Payable Check 140.51 133974 07/30/2012 HACH COMPANY Accounts Payable Check 1,990.00 133975 07/30/2012 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 29,819.34 133976 07/30/2012 HART IMPRESSIONS PRINT© Accounts Payable Check 478.37 133977 07/30/2012 NATHAN HASCH Accounts Payable Check 59.39 133978 07/30/2012 HORACE HONZELL Accounts Payable Check 2,197.44 133979 07/30/2012 INFORMATION TECHNOLOGY Accounts Payable Check 652.88 133980 07/30/2012 J. CARROLL CORPORATION Accounts Payable Check 966.03 133981 07/30/2012 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 241.95 133982 07/30/2012 KANEY Accounts Payable Check 212.22 133983 07/30/2012 KINETIC ENGINEERING Accounts Payable Check 300.00 133984 07/30/2012 LANDSCAPES BY STACH Accounts Payable Check 250.00 133985 07/30/2012 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 2,831.55 133986 07/30/2012 LIEBERT CASSIDY WHITMORE Accounts Payable Check 902.00 133987 07/30/2012 BECKY MAXWELL Accounts Payable Check 33.97 133988 07/30/2012 MEDWORKS MEDICAL CENTER Accounts Payable Check 100.00 133989 07/30/2012 MID-STATE SOLID WASTE& RECYCG Accounts Payable Check 236.56 133990 07/30/2012 SARAH MIEARS Accounts Payable Check 75.00 133991 07/30/2012 MINER'S ACE HARDWARE Accounts Payable Check 251.72 133992 07/30/2012 MISSION COMMUNITY BANK Accounts Payable Check 5,962.70 133993 07/30/2012 MISSION UNIFORM SERVICE Accounts Payable Check 10.00 133994 07/30/2012 NATIONAL FIRE FIGHTER WILDLAND Accounts Payable Check 2,037.59 133995 07/30/2012 OFFICE DEPOT INC. Accounts Payable Check 301.74 133996 07/30/2012 PC MECHANICAL, INC. Accounts Payable Check 755.14 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 133997 07/30/2012 DEAN PERICiC Accounts Payable Check 263.39 133998 07/30/2012 PETTING ZOO, INC. Accounts Payable Check 827.33 133999 07/30/2012 PRAXAIR DISTRIBUTION, INC. Accounts Payable Check 104.34 134000 07/30/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 49.71 134001 07/30/2012 PVP COMMUNICATIONS, INC. Accounts Payable Check 646.65 134002 07/30/2012 RADIO SHACK CORPORATION Accounts Payable Check 4.83 134003 07/30/2012 VICTORIA RANDALL Accounts Payable Check 6.49 134004 07/30/2012 RECOGNITION WORKS Accounts Payable Check 57.92 134005 07/30/2012 ROYAL RESORTWEAR, LLC Accounts Payable Check 535.58 134006 07/30/2012 SAN LUIS PERSONNEL INC. Accounts Payable Check 377.65 134007 07/30/2012 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 1,300.18 134008 07/30/2012 SANTA MARGARITA CONST. CORP. Accounts Payable Check 53,664.36 134009 07/30/2012 SCHLEGEL SAND, GRAVEL, & LAND Accounts Payable Check 112.40 134010 07/30/2012 SCOTT T. MURRAY PLUMBING Accounts Payable Check 123,523.20 134011 07/30/2012 SLO CO HEALTH AGENCY Accounts Payable Check 1,844.00 134012 07/30/2012 SLO COUNTY NEWSPAPERS-TRIBUNE Accounts Payable Check 504.50 134013 07/30/2012 SLO COUNTY SHERIFF Accounts Payable Check 237.00 134014 07/30/2012 SMART AND FINAL Accounts Payable Check 47.33 134015 07/30/2012 STONEAGE ARTS, INC. Accounts Payable Check 203.26 134016 07/30/2012 STUEWE&SONS, INC. Accounts Payable Check 269.98 134017 07/30/2012 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 396.00 134019 07/30/2012 TW TELECOM, INC. Accounts Payable Check 56.40 134020 07/30/2012 ULTREX BUSINESS PRODUCTS Accounts Payable Check 559.07 134021 07/30/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 792.00 134022 07/30/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 6,261.38 134023 07/30/2012 VERIZON WIRELESS Accounts Payable Check 183.42 134024 07/30/2012 WALLACE GROUP Accounts Payable Check 468.35 134025 07/30/2012 BRIAN WESTERMAN Accounts Payable Check 841.06 134026 07/30/2012 WILD REPUBLIC Accounts Payable Check 824.69 134027 07/31/2012 A&TARBORISTS, INC. Accounts Payable Check 450.00 134028 07/31/2012 ACTIVE MEDICAL&SAFETY Accounts Payable Check 93.84 134029 07/31/2012 ADAPTIVE DRIVING SYSTEMS, INC Accounts Payable Check 100.00 134030 07/31/2012 KRISTIEAGGSON Accounts Payable Check 70.00 134031 07/31/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 143.22 134032 07/31/2012 AMERICAN MARBORG Accounts Payable Check 107.20 134033 07/31/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 2,655.47 City of Atascadero Disbursement Listinq For the Month of July 2012 Check Check Number Date Vendor Description Amount 134034 07/31/2012 ARMET'S LANDSCAPE, INC. Accounts Payable Check 590.00 134035 07/31/2012 AT&T Accounts Payable Check 15.44 134036 07/31/2012 JAMES F. BACHMAN Accounts Payable Check 216.00 134037 07/31/2012 ALMA BAENA Accounts Payable Check 70.00 134038 07/31/2012 BARRY-OWEN CO., INC. Accounts Payable Check 124.34 134039 07/31/2012 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 130.80 134040 07/31/2012 BERRY MAN, INC. Accounts Payable Check 310.00 134041 07/31/2012 BMW MOTORCYCLES OF VENTURA CO. Accounts Payable Check 49.08 134042 07/31/2012 CASEY BRYSON Accounts Payable Check 77.00 134043 07/31/2012 CAASSC OF ZOOS AND AQUARIUMS Accounts Payable Check 650.00 134044 07/31/2012 CA HIGHWAY PATROL Accounts Payable Check 570.88 134045 07/31/2012 CA PARKS& RECREATION Accounts Payable Check 480.00 134046 07/31/2012 CENTRAL VALLEY COMMUNITY BANK Accounts Payable Check 14,623.20 134047 07/31/2012 CHRISTINE CHACON Accounts Payable Check 70.00 134048 07/31/2012 CHARTER COMMUNICATIONS Accounts Payable Check 965.38 134049 07/31/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 40.00 134050 07/31/2012 CITY OF SAN LUIS OBISPO Accounts Payable Check 4,000.00 134051 07/31/2012 KAREN CLANIN Accounts Payable Check 49.00 134052 07/31/2012 COAST LINE DISTRIBUTING Accounts Payable Check 779.56 134053 07/31/2012 COAST RIDERS POWERSPORTS Accounts Payable Check 91.26 134054 07/31/2012 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 22.72 134055 07/31/2012 CINDY COX Accounts Payable Check 30.00 134056 07/31/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 41.95 134057 07/31/2012 MATTHEW J. CURRY Accounts Payable Check 165.00 134058 07/31/2012 BRIAN S. DAVIN, JR. Accounts Payable Check 198.00 134059 07/31/2012 MATTHEW DEFRAGA Accounts Payable Check 70.00 134060 07/31/2012 MARCUS DUNNING Accounts Payable Check 595.00 134061 07/31/2012 ED'S FLY MEAT, LLC Accounts Payable Check 101.50 134062 07/31/2012 CATHERINE ELLIOTT Accounts Payable Check 70.00 134063 07/31/2012 FOOD FOR LESS Accounts Payable Check 31.78 134064 07/31/2012 FRAZEE INDUSTRIES, INC. Accounts Payable Check 165.52 134065 07/31/2012 DAVID A.GAR IBAY Accounts Payable Check 108.00 134066 07/31/2012 GARRY BRILL PRODUCTIONS Accounts Payable Check 150.00 134067 07/31/2012 GAS COMPANY Accounts Payable Check 70.73 134068 07/31/2012 GEM AUTO PARTS Accounts Payable Check 59,69 134069 07/31/2012 GRISANTI HARDWARE Accounts Payable Check 8.49 134070 07/31/2012 LILIA HERNANDEZ Accounts Payable Check 35.00 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 134071 07/31/2012 TIFFANI HETRICK Accounts Payable Check 77,00 134072 07/31/2012 HOT FOCUS, INC. Accounts Payable Check 117.01 134073 07/31/2012 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 590.00 134074 07/31/2012 CAROL D. JANSSEN Accounts Payable Check 162,00 134075 07/31/2012 JJB AUTO GLASS Accounts Payable Check 45.00 134076 07/31/2012 K& M INTERNATIONAL Accounts Payable Check 62.86 134077 07/31/2012 KARP LAND SURVEYS Accounts Payable Check 980.00 134078 07/31/2012 LARRY'S AUTOMOTIVE Accounts Payable Check 264.23 134079 07/31/2012 DEENA MILLER Accounts Payable Check 70.00 134080 07/31/2012 MISSION UNIFORM SERVICE Accounts Payable Check 184.72 134081 07/31/2012 REON C MONSON Accounts Payable Check 159.00 134082 07/31/2012 MPI Accounts Payable Check 84.31 134083 07/31/2012 OFFICE DEPOT INC. Accounts Payable Check 38.59 134084 07/31/2012 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 494.20 134085 07/31/2012 PHILLIPS INTERNATIONAL, INC. Accounts Payable Check 153.70 134086 07/31/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 415.77 134087 07/31/2012 VICTORIA RANDALL Accounts Payable Check 61.09 134088 07/31/2012 COLLETTE REISS Accounts Payable Check 40.00 134089 07/31/2012 JOYCE REYES Accounts Payable Check 140.00 134090 07/31/2012 SARAH RICE Accounts Payable Check 70.00 134091 07/31/2012 ROLSON MUSIC& SOUND Accounts Payable Check 700.00 134092 07/31/2012 SAN LUIS PERSONNEL INC. Accounts Payable Check 755.30 134093 07/31/2012 SANTA LUCIA SPORTSMEN ASSC INC Accounts Payable Check 280.00 134094 07/31/2012 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 250.00 134095 07/31/2012 LAURA SCHMIDT Accounts Payable Check 220.00 134096 07/31/2012 JOHN C. SIEMENS Accounts Payable Check 308.00 134097 07/31/2012 LINDSEY SMITH Accounts Payable Check 590.00 134098 07/31/2012 MIKATEMPLE Accounts Payable Check 70.00 134099 07/31/2012 TEMPLETON UNIFORMS Accounts Payable Check 228.98 134100 07/31/2012 LESLIE R.THOMPSON Accounts Payable Check 144.60 134101 07/31/2012 TW TELECOM, INC. Accounts Payable Check 10.73 134102 07/31/2012 ULTREX BUSINESS PRODUCTS Accounts Payable Check 161.39 134103 07/31/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 1,584.00 134104 07/31/2012 US FOODS, INC. Accounts Payable Check 223.59 134105 07/31/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,897.33 134106 07/31/2012 BRIDGET M. VAN BEEK Accounts Payable Check 72.00 134107 07/31/2012 IWINA M.VAN BEEK Accounts Payable Check 38.00 City of Atascadero Disbursement Listing For the Month of July 2012 Check Check Number Date Vendor Description Amount 134108 07/31/2012 EARLE VAUGHAN Accounts Payable Check 52.00 134109 07/31/2012 SANDRA M.WALLSCH-DRURY Accounts Payable Check 86.40 134110 07/31/2012 BEAU WICKHAM Accounts Payable Check 70.00 134111 07/31/2012 WILD REPUBLIC Accounts Payable Check 392.04 134112 07/31/2012 JEFF WILSHUSEN Accounts Payable Check 1,600.00 134113 07/31/2012 MERISSA WOOD Accounts Payable Check 140.00 134114 07/31/2012 JON WORDSWORTH Accounts Payable Check 117.00 134115 07/31/2012 ZOO MED LABORATORIES, INC. Accounts Payable Check 463.39 $ 3,760,969.05 ITEM NUMBER: A- 3 DATE: 09/11/2012 r m P u 7 ��3918'I 1879 ,sem Atascadero City Council Staff Report - Police Department Purchase of Two Police Patrol Vehicles RECOMMENDATION: Council authorize the purchase of two (2) police patrol vehicles from Wondries Fleet Group in Alhambra, California at a total cost of $55,598.90. DISCUSSION: The City budgets for the replacement of high mileage police patrol vehicles in accordance with an established replacement plan. For Fiscal Year 2012/2013, the Police Department is funded for replacement of three police patrol vehicles up to a total amount of $87,330. Replacement of these three vehicles is necessary to maintain a safe and reliable fleet and to keep repair costs at a reasonable level. The Ford Crown Victoria Police Interceptor has been the model of police vehicle used by the Atascadero Police Department for several years and is the vehicle upon which the budget for replacement vehicles was based. Ford has discontinued manufacture of the Police Interceptor and newer models such as the Chevrolet Caprice are higher in price than the Ford Crown Victoria. The Chevrolet Caprice has an estimated purchase price of $35,000 and other models go up from there. Our department would be unable to purchase three vehicles for the budgeted amount if we were to purchase all three newer model vehicles. The Atascadero Police Department fleet manager has been able to locate two new/unused 2011 Model year Ford Crown Victoria Police Interceptor vehicles upon which our budget estimates were based. These 2011 models can be purchased for $27,799.45 each, an estimated savings of $15,501.10. These are the final two remaining vehicles available through Wondries Fleet Group. Wondries Fleet Group in Alhambra, California, is offering in-stock police patrol vehicles, under the County of Los Angeles Contract PO# DPO-SH-11323318-1. This contract was competitively bid by another governmental agency and the City is eligible to purchase these vehicles under that bid. This purchasing method is consistent with ITEM NUMBER: A- 3 DATE: 09/11/2012 Section 3.0(h) (3) of the City's purchasing policy. There are no fees associated with the use of this contract. By the time the new replacements are put into service, the mileage on the outgoing cars is expected to be over 130,000 and 108000 miles, respectively. The vehicle with 108,000 miles has a bent frame. Additionally, one of these cars was originally scheduled for replacement in a prior fiscal year but was deferred as a cost savings measure. The cost of each vehicle is $27,799.45 for a combined cost of $55,598.90. This pricing reflects sales tax, California tire tax, transportation and ballistic panel costs. The purchase of these 2011 model vehicles should leave enough money available for the purchase of the third budgeted vehicle at the higher replacement cost. This will occur at a later time after an appropriate vendor is identified. FISCAL IMPACT: Approval of the purchase of two police patrol vehicles will result in the expenditure of $55,598.90 of budgeted Vehicle Replacement Funds. ALTERNATIVES: Defer purchase of police patrol vehicles for FY 2013/2014. This course is not recommended due to increased ongoing maintenance costs and an increase in vehicle purchase pricing. ATTACHMENTS: 1. Copy of the Wondries Purchase Agreement with Los Angeles County Purchase Order. LLjL0rWjrtmff FLEET GROUP 1 247 W. Maim Street, P.O. Bax 3B50. Alhambra, CA SI B03 62G/457/55S❑ S2B/457-5593 Fax August 3, 2012 Mr. Terry Buckley City of Atascadero 6907 El Camino Real Atascadero, California 93422 Delivery Via Email Dear Mr. Buckley, In response to your inquiry, we are pleased to submit the following for your consideration: Wondries Fleet Group will sell, service and deliver at Atascadero,new/unused 2011 Crown Victoria Police Interceptor sedans responding to your requirement with the attached specifications for: Vehicle $ 22,970.00 each Options Ballistic Panels $ 2,750.00 State Sales Tax $ 1,864.70 tire tax (non-taxable) $ 8.75 Transporter costs $ 206.00 Total $27,799.45 each These vehicles are available under the Los Angeles County PO#DPO-SH-11323318-1. Terms are net 30 days. 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Oo a000O00000OOC C p - oO Ooa00000OOOOm G 0 a�of wS LOS ANGELES COUNTY *r SH PURCHASE ._ + ' } - PURCHASE ORDER x UrFOIL x� ORDER NUMBER AWARD DATE PO-SH-11323318-1 06/01/11 BILL 70: ALL TERMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER SHERIFF AS IF FULLY REPRODUCED HERE3N, COMM&FLEET MGMT BUREAU 15757 ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: 1104 N.EASTERN AVENUE DOOR 950 _ Contact:Anet Simonian LOS ANGELES CA 90063 Phone: 323-267-2215 Email: asimonian@isd.lacounty,gov VENDOR NAME,STREEr,CITY,STATE,ZIP CODE: SHIP FOR DESTINATION TO:(UNLESS SPEOIFIED ELSEWHERE) SHERIFF BOB WONDRIES FORD 1104 N.EASTERN AVENUE 400 S-ATLANTIC BLVD_ DOOR 450 P.O.BOX 1131 LOS ANGELES CA 90063 ALHAMBRA CA 91601-3642 PROCUREMENT FOLDER:246045 C014TACT FOR DELIVERY INSTRUCTIONS(NAME,-TELEPHONE) COMM AND FLEET MGMT BUREAU DELIVERY DATE F013 POINT AGEN Y�REQ. CONTRACT NUMBER 707AL AMOUNT OF ORDER 09/26/11 FOB Destination,Freight Prepaid and Allowed 15757P $,2,752,417.25 DATE PRINTED VENDOR NO, PROMPT TERM 1 TERM 2 TERM 3 TERM 4 PAYMENT DISCOUNT:10.00 DISCOUNT: DISCOUNT: DISCOUNT: 06/01/2011 042117 TERMS DAYS: 30 DAYS: 0 DAYS: 0 DAYS. 0 LINE NO. COMMODITYISERVICE DESCRtFrION' QUANTITY UOM UNIT PRICE EXTENDED AMOUNT NOTICE TO VENDOR: ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND INVOICES MUST REFLECT THE CORRESPO(gDING PURCHASE ORDER COMMODITY LINE NUMBER. ALSO, THE ORDER NUMBER MUST BE REFERENCED ON ALL PACKING SLIPS AND INVOICES. 1 COMMODITY CODE: 070-06-DO.0000000 �1)0-000 $ 25.071.000 $ 2,507,100.00 SUPPLIER PART NO: SALES TAX AMOUNT: $ 244,442.25 DESCRIPTION: MAKE/MODEL:2011 FORD P7B VEHICLE-SEDAN,POLICE PACKAGE, FRONT ENGINE, 4.6 LITER/V-8 ENGINE,4-SPEED AUTO,BLACK&WHITE -PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS"HIGH SPEED POLICE PACKAGE VEHICLE"AT THE LASD'S MOST RECENT ANNUAL"LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." %.-TUTIDORt 010"i ADDITIONAL SHIPPING INFORMATION : 1rtA+�1�� O f0 f Q4 zo L t COUNTY OF LOS ANGELES ITEM NUMBER: A- 4 DATE: 09/11/12 0 1918 1979 Atascadero City Council Staff Report — Public Works Department Salt and Nutrient Management Plan RECOMMENDATION: Council authorize the City Manager to execute a reimbursement agreement with the City of Paso Robles up to a maximum of $70,000 for the development of a Regional Salt and Nutrient Management Plan. DISCUSSION: Background: The City of Atascadero, City of Paso Robles, Templeton Community Services District, San Miguel Community Services District, Camp Roberts, Heritage Ranch Community Services District and the County of San Luis Obispo have tentatively agreed to jointly develop and fund a Salt and Nutrient Management Plan (Plan). The Plan is required by the State Water Board's Recycled Water Policy. All entities that discharge salts and or nutrients (Nitrates) are required to develop a Plan to address the control of these pollutants and wastewater reuse options. The City of Paso Robles staff has taken on the project management lead and, with the assistance of City staff, has selected a consultant. Therefore, City staff and the other agencies noted above now desire to move the project forward by authorizing the reimbursement to the City of Paso Robles for fair share costs. While staff is asking for the full use of 2011/2013 budgeted funds, staff anticipates that the total amount will be less than the $70,000 budgeted, as described below. Analysis: Water and wastewater contain salts and nutrients (nitrate). Salt (sodium, chloride, sulfate) is not removed by the City's wastewater treatment plant and it is discharged to the City's percolation basins. The salts and nitrate remain dissolved in the treated wastewater and therefore travel down through soil, which ultimately ends up in the Salinas River groundwater. ITEM NUMBER: A- 4 DATE: 09/11/12 The 2002 Paso Robles Groundwater Basin Study included an analysis of historic groundwater quality trends throughout the Paso Robles Groundwater Basin. The study identified six areas where salt or nitrate concentrations are trending upward and the use of this groundwater could be limited within 50 years' (e.g., it could become unsuitable for drinking or crop irrigation). Most of these six areas are in the Salinas River corridor, in the vicinity of major wastewater discharges such as the Paso Robles and Atascadero wastewater treatment plants. The State Water Resources Control Board developed a Recycled Water Policy (hereafter "Policy") in 2009. The Policy states: "...local water and wastewater entities, together with local salt/nutrient contributing stakeholders, will fund locally driven and controlled, collaborative processes open to all stakeholders that will prepare salt and nutrient management plans for each basin/sub- basin in California..." The State Water Board is requiring that Salt and nutrient management plans be completed by May 2014. The plans will be incorporated into the Central Coast Regional Water Quality Control Board's Basin Plan. Development of a salt and nutrient management plan is an opportunity for local agencies to develop salt and nutrient control measures that are appropriate for their particular environmental, economic, and social conditions, rather than have requirements prescribed by the Central Coast Regional Water Quality Control Board. The salt and nutrient management plans are intended to streamline permitting of future recycled water projects. Currently the City has no short or long-term plans to implement a recycled water project. However, salts in wastewater, from both natural sources and water softening units, is a growing problem in the region. Paso Robles has been fined by the Regional Board for exceeding discharge limits. This document will provide the basis for any future regulations or projects should the City decide to move forward. Staff representatives of the following agencies have agreed to collaborate on the development of a salt and nutrient management plan for Paso Robles Groundwater Basin: • County of San Luis Obispo • City of Atascadero • Templeton Community Services District • City of Paso Robles • San Miguel Community Services District • Camp Roberts (California National Guard); and • Heritage Ranch Community Services District • Oak Shores Community Services District (County represented) The City and Atascadero Mutual Water Company have jointly funded a salt concentration trend study. The study indicates that Maximum Contaminant Levels for salts will not be exceeded as a result of the treatment plant discharge. This study will be used in the Salt and Nutrient Plan development. ITEM NUMBER: A- 4 DATE: 09/11/12 Staff representatives of these agencies considered various alternatives for sharing the cost of this work and determined that allocating the cost according to salt loading to the basin from each agency's jurisdiction is most appropriate for this project. These agencies have worked out a funding scheme based on their total volume of wastewater discharge, including septic systems. However, septic system discharges are only apportioned a fraction of their discharge. Accordingly, the agencies have drafted a reimbursement agreement that allocates costs as follows: Agency Proportional Share Oak Shores — CSA 7/7A 0.3% County of San Luis Obispo 13.5% City of Atascadero 28.9% Templeton CSD 4.9% City of Paso Robles 48.1% San Miguel CSD 2.2% Heritage Ranch CSD 1.5% Camp Roberts 0.7% In addition, the agencies applied to the California Department of Water Resources (DWR) for a $100,000 grant through the Proposition 84 water planning grant program to offset the cost of Plan development. DWR staff has recommended award of a $100,000 grant for Plan development. DWR is currently taking public comments and appears likely to finalize grant awards this fall. This will significantly reduce the amount the City will owe if the grant is awarded. In May 2012, the agencies solicited proposals from professional firms to prepare the Plan. The scope of work includes: • Facilitate a collaborative stakeholder process; • Establish basin characteristics; • Identify all existing and foreseeable salt and nutrient sources; • Assess the potential for salt and nutrient loading impacts to groundwater using a GIS-based model of the basin; • Develop implementation measures to sustainably manage salt and nutrient loading. Develop appropriate water recycling goals and objectives. Examples include importation of better-quality Nacimiento water to reduce the need for water softening, improved control of self-regenerating water softeners, and protection of stormwater recharge areas; • Design a basin-wide groundwater quality monitoring program; • An independent technical review for quality control; and, • Preparation of the written plan. Plan development will require approximately 12 to 13 months. This includes time for multiple stakeholder meetings and agencies' review of interim deliverables. ITEM NUMBER: A- 4 DATE: 09/11/12 Stakeholders include the Atascadero Mutual Water Company, Agriculture and other landowners. Three professional firms submitted written proposals, including: RMC Water and Environment, Carollo Engineers, and GEI Consultants. The City of Paso Robles, City of Atascadero and Templeton CSD staff independently reviewed the written proposals then collectively checked references and conducted interviews. The review committee determined that RMC Water and Environment is most qualified for the work. RMC's fee for all work is $173,491. City staff believes this is a reasonable fee based on the scope of work. Conclusion: Staff recommends that the City Council authorize the City Manager to sign a reimbursement agreement with the City of Paso Robles up to a maximum of $70,000 for the development of a Regional Salt and Nutrient Management Plan. Staff believes that far less will be needed based on the fee estimate and DWR grant, if awarded. FISCAL IMPACT: The total fee for the development of this Regional Salt and Nutrient Management Plan is $173,491. Atascadero's proportional share for this Regional Salt and Nutrient Management Plan is 28.9%. Therefore, Atascadero's proportional share is $50,226. Atascadero is currently funded for this Plan in the 2011-2013 City Budget at $70,000. Staff does not believe additional funding beyond this level will be required. ALTERNATIVE: Council could not approve the reimbursement of the City of Paso Robles for the development of a Salt and Nutrient Management Plan. Staff does not recommend this action since the City will still be required to produce a plan and will not have the benefit of the DWR grant to offset costs. ATTACHMENTS: None ITEM NUMBER: C - 1 DATE: 09/11/12 Atascadero City Council Staff Report — Community Services Department Approval of Service Agreement with the Friends of the Charles Paddock Zoo, Inc. for Support Services RECOMMENDATION: City Council authorize the City Manager to execute the service agreement with the Friends of the Charles Paddock Zoo. DISCUSSION: A group of people have come together to form an organization to help support the Charles Paddock Zoo. The group, known as the "Friends of the Charles Paddock Zoo, Incorporated", will be the principal non-profit support organization for the Charles Paddock Zoo. The Central Coast Zoological Society (which has a service agreement with the City expiring this month), has decided to dissolve, and its board members have been invited to join the efforts of the Friend's group. The membership functions and privileges of the Society will transfer to the new Friends group under the proposed agreement with the City. Friends of the Charles Paddock Zoo's goals are to provide fund development support for the Zoo, as well as marketing, volunteer management and public relations. The attached agreement for services (Attachment A) defines the obligations of the roles, and what the City must provide to enable the Society to perform these functions. Capital fundraising and resource development will be primary objectives of the Friends. The agreement outlines the responsibilities and authority of both the Friends and the City for Zoo programs, projects, operations, plans, contributions and use of City facilities. In addition, the agreement clarifies some specific operational and functional relationships where the efforts of both organizations come together. The City and the Friends will act legally in an individual capacity, and not as agents for one another. The Community Services Director and Zoo Director shall administer the proposed agreement for the City. ITEM NUMBER: C - 1 DATE: 09/11/12 Some of the primary responsibilities of the Friends of the Charles Paddock Zoo are itemized as follows: • Friends of the Charles Paddock Zoo will provide additional annual funding support for Zoo capital improvements, deferred maintenance, and equipment or special projects and will provide Zoo marketing support. The Zoo staff will consult with representatives regarding these needs at least annually. • The Friends of the Charles Paddock Zoo may conduct separate events in conjunction with the City for fundraising opportunities to support special projects as well as the Zoo's mission of conservation, education and awareness. These events will be separate from those currently conducted by the City. • Friends of the Charles Paddock Zoo will develop, manage and solicit Friends/Zoo memberships (formerly Society memberships), which will include City-authorized free admission to the Charles Paddock Zoo, with 50% of the gross revenue from memberships sold to be split with the City. The fiscal year is used to calculate the revenue split. • Friends of the Charles Paddock Zoo may assist in funding the Education program as may be financially feasible. • The Friends will assist with Zoo marketing and promotions activities in coordination with the Zoo Director. Some of the City's obligations under the agreement include: • The City will provide office space in the front entrance building, and additional meeting space as necessary for board meetings, etc. • The City will pay for gas, water, telephone and electrical service expenses for all spaces used by the Friends. • The City will allow the Friends to sell annual memberships to the Zoo. The members shall be admitted to the Zoo without charge during normal operating hours. • The City, in conjunction with Friends of the Charles Paddock Zoo, shall be responsible for and support any mutually agreed upon special events held on Zoo grounds. • The City will provide for City support and equipment for Friends fundraising initiatives subject to reasonable availability and budget constraints. ITEM NUMBER: C - 1 DATE: 09/11/12 • The Zoo Director will serve as the City liaison to the Friends with support from the Community Services Director. The term of the agreement will be for five (5) years. FISCAL IMPACT: Staff conservatively estimates that the proposed relationship with the Friends of the Charles Paddock Zoo will result in more than $250,000 dollars in fundraising support over the life of the agreement. All resources generated by the Friends will save General Fund tax dollars, and result in a more successful and viable Zoo. ATTACHMENTS: Agreement between the City and Friends of the Charles Paddock Zoo, Inc. CITY OF ATASCADERO 0 X913' m lg 9 s� E� CONTRACT FOR Friends of the Charles Paddock Zoo A non-profit Organization for Promotion, Marketing and Fundraising Support for the Charles Paddock Zoo 0 ..�fJ"Fr-1 Fr-,� �� d 1915 G C 1979 7 SERVICE AGREEMENT FOR THE CITY OF ATASCADERO With the Friends of the Charles Paddock Zoo THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Friends of the Charles Paddock Zoo ("Friends") a non-profit corporation and relates to services rendered by Friends in connection with the City owned Charles Paddock Zoo. City and Friends agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Friends shall do all work, attend all meetings, produce all reports 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. Friends shall determine the method, details and means of performing the services. B. This Contract and its exhibits and attachments 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: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF FRIENDS. Friends' enters into this Contract as, and shall at all times remain as to the City, an independent contractor 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 Friends for the performance of services pursuant to this Contract shall remain employees of Friends, shall at all times be under the direction and control of Friends, and shall not be considered employees of City. Friends may, at Friends' expense, employ such staff or assistants as Friends deems necessary to perform the services required by this Agreement. City may not control, direct or supervise Friends' assistants or employees in the performance of the services except as set forth herein. Both parties agree that they will coordinate activities such as education, membership marketing and special events cooperatively. All persons employed by Friends to City of Atascadero Friends of the Charles Paddock Zoo �. perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Friends employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. B. INDEPENDENT INVESTIGATION. Friends 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. C. COMPLIANCE WITH EMPLOYMENT LAWS. Friends 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. D. UNLAWFUL DISCRIMINATION PROHIBITED. Friends 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 Friends 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 September 30, 2017 unless extended by the mutual agreement of both parties. Any such extension shall be in writing and be an amendment to this Agreement. 4. COMPENSATION: A. TERMS. Compensation to Friends shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Friends 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). Friends shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Friends at the time City's express written authorization signed by the City Manager is given to Friends for the performance of said services. City of Atascadero Friends of the Charles Paddock Zoo �. 0ffil ` .. 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: A. FRIENDS SUPERVISE PERSONNEL. Friends shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining 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 Friends shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that Friends may be obligated to comply with bargaining agreements and/or other agreements with employees and that Friends is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that Friends' performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) Friends may have covering and/or with is employees. 6. TERMINATION: A. 60 DAYS NOTICE. The City or Friends, upon sixty (60) days written notice to the other party, may terminate this Contract, without cause, at any time. B. TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: • Bankruptcy or insolvency of any party. • The end of the 60 days. • End of the Agreement to which Friends' services were necessary or • Assignment of this agreement by Friends without the consent of the City. C. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Friends shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Friends, and the City may withhold any payments due to Friends until such time as the exact amount of damages, if any, due the City from Friends is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. 7. CHANGES: The City or Friends may, from time to time, request changes in the scope of the services of Friends to be performed hereunder. Such changes, including any increase or decrease in the amount of Friends' compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be City of Atascadero Friends of the Charles Paddock Zoo �. incorporated in written amendments to this Contract. Any increase in the amount of Friends' compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. CONFLICTS OF INTEREST: FRIENDS 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 Friends' performance of services under this Contract. Friends further covenants that in the performance of this Contract, Friends 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. Friends agree 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. Friend agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. 9. PROVISION OF LABOR, EQUIPMENT, WORK SPACE AND SUPPLIES: A. CONTRACTOR PROPERTY. Friends shall furnish all necessary labor, supervision, tools, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Friends in providing these services are the property of Friends and shall remain the property of Friends upon termination of this Contract. B. WORK SPACE. Any work space requirements not set forth in Exhibit C shall be the responsibility of Friends, and Friends is allowed to use alternate work space for performing the services described herein. C. 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. 10. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Friends 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. Friends 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. Friends 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 Friends 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 Friends to comply with this section. City of Atascadero Friends of the Charles Paddock Zoo �. B. PREVAILING WAGES. In the event it is determined that the Friends is required to pay prevailing wages for the work performed under this Agreement, Friends shall pay all penalties and wages as required by applicable law. 11. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Friends 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 Friends. 12. ASSIGNABILITY: Friends shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Friends 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. 13. LIABILITY OF CONTRACTOR: Friends shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Friends' profession 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 control 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 Friends or its employees, agents, contractors or subcontractors. 14. INDEMNIFICATION- A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Friends' Services, to the fullest extent permitted by law, shall indemnify, protect, defend and hold harmless City 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 negligence or wrongful act, error or omission of Friends, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Friends shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Friends 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 City of Atascadero Friends of the Charles Paddock Zoo �. 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 way attributable to, in whole or in part, the performance of this Agreement by Friends or by any individual or entity for which Friends is legally liable, including but not limited to officers, agents, employees or subcontractors of Friends. C. GENERAL INDEMNIFICATION PROVISIONS. Friends agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Friends in the performance of this agreement. In the event Friends fails to obtain such indemnity obligations from others as required here, Friends 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 on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Friends and shall survive the 15. INSURANCE: Friends shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 16. RECORDS: Friends 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. Friends 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. Friends 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 receipt of final payment. 17. MISCELLANEOUS PROVISIONS- A. ASSIGNMENT OR SUBSTITUTION. City has an 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. Friends 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 City of Atascadero Friends of the Charles Paddock Zoo �. therein. Should Friends 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, Friends 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 Friends 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 Friends by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Friends 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, null, 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. 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. Friends 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. City of Atascadero Friends of the Charles Paddock Zoo �. 0ffil ` .. 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 Community Services Director 6907 EI Camino Real Atascadero, CA 93422 Contractor Friends of the Charles Paddock Zoo 9305 Pismo Avenue Atascadero, CA 93422 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. 19.. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Friends 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 Friends to the performance of its obligations hereunder. Effective this 11th day of September, 2012 by the parties as follows. Friends of the Charles Paddock Zoo By: Steve Robinson, Friends of Charles Paddock Zoo President CITY OF ATASCADERO By- Wade McKinney, City Manager City of Atascadero Friends of the Charles Paddock Zoo �. 0ffil ` .. 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.) CONTRACTOR x Friends of the Charles Paddock Zoo, by: (Print Name) EXHIBIT A Scope of Work and Standards for Services Friends agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. Friends may represent, perform services for, and be employed by additional individuals or entities in Friends' sole discretion, as long as the performance of these services does not interfere with or conflict with City's business and is in compliance with all applicable laws and regulations. Friends' activities and conduct shall be consistent with the mission of the Charles Paddock Zoo, the American Zoo and Aquarium Association (AZA), and all City policies, procedures, and direction. Friends agrees to work closely with the Zoo Director, Community Services Director and all other employees of the City of Atascadero to coordinate services and activities. Friends shall set annual fundraising and expense goals to be shared with the City. The Friends shall provide quarterly financial reports to the City and meet monthly with the Zoo Director. Friends agrees to actively engage in fundraising activities and campaigns on behalf of the Zoo and contribute to the support of capital improvements and the master zoo plan. Requests for such support for specific improvement projects shall be taken from the approved Charles Paddock Zoo Project list provided by the Zoo Director at least annually. Friends will engage in active and effective marketing, advertising, public relations efforts and other services that promote and publicize the zoo on behalf of the Charles Paddock Zoo. Friends will strive to help increase zoo attendance and memberships. Friends will maintain and update the website for the Charles Paddock Zoo. (charlespaddockzoo.org) Friends may, at Friends' own expense, employ such staff members, employees, or assistants, as Friends deems necessary to perform the services required of Friends by this Agreement. City may not control direct or supervise Friends' assistants or employees in the performance of those services, except as set forth herein. The parties agree that they will coordinate activities such as education, membership marketing and special events cooperatively. RECORDS AND ACCOUNTS. Friends shall keep true and accurate books and records showing all of its fundraising, membership, and business transactions, in a manner acceptable to the City. The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. AUDITS. The City may require Friends, at Friends' expense, to have its records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within 30 days after the completion of the audit. If Friends fails to provide the required audit, the City shall contract to have an audit performed at Friends' expense. EXHIBIT B Compensation and Method of Payment ANNUAL MEMBERSHIPS IN FRIENDS OF CHARLES PADDOCK ZOO. In consideration for the services to be performed by Friends, as described herein, City agrees to allow Friends to sell annual memberships in Friends' organization (Friends of the Charles Paddock Zoo) and that such annual memberships will entitle members to free admission to the Zoo during normal Zoo operating hours, but not including special Zoo-sponsored events and exhibits for which the City charges an entrance fee that is higher than the regular admission fee. The City will retain its right, at its sole and reasonable discretion, to refuse admission to the Zoo to any annual member of Friends' organization and/or to revoke a member's Zoo admission privileges if, at any time, the City concludes that such refusal and/or revocation is necessary to protect the health, safety, and welfare of Zoo patrons, employees, volunteers, and wildlife. One-half of the gross revenue that Friends receives from the sale of annual memberships shall be remitted to the City on a monthly basis. EXHIBIT C Items Provided by City PREMISES. The City will allow Friends and its staff and representatives to use office space in the Charles Paddock Zoo Entrance Building to perform the Friends services set forth in this Agreement. Friends will use the Entrance Building pursuant to the terms set forth below. The City will pay for all reasonable utility and telephone costs to perform Friends business for the Premises. The City will also provide meeting space free of charge to be coordinated with the zoo director. a. Use of Premises. Friends shall not sublease or otherwise convey any interest of any sort granted by this Agreement to any person or persons whatsoever without prior written consent and approval by the City. b. Condition of Premises. Friends' execution of and performance of services under this Agreement shall constitute Friends' acknowledgment that the Premises are in good and tenable condition. Friends agrees to accept the Premises, and any existing additions and improvements thereto, "as is" in the present existing condition. c. Modification of Premises. Friends may modify the Premises only with prior written approval by the Director of Community Services (or designee). Any plans for such modification, shall be submitted to the City for approval prior to the commencement of any modification. Any modification by Friends shall be without cost to the City and shall be subject to the indemnification provisions set forth in section 2.05. d. Damage to/Destruction of Premises: Should the Premises be totally or partially damaged or destroyed, the City shall repair the same in a reasonable time frame depending upon the extent and cost of the damage, except that the City is not obligated to make such repairs, and the City may decide to terminate this Agreement. If the Premises are totally or partially damaged or destroyed as a result of actions by Friends and/or its employees and agents, Friends shall be obligated to make such repairs. Nothing in this section affects or diminishes Friends' indemnification obligations set forth in section 2.05. Any notice of termination given here shall be given to Friends within 15 days after City determines the period of time required for and the estimated cost of such repair or restoration. Any work space requirements not set forth in Exhibit C shall be the responsibility of Friends, and Friends may use alternate space for performing the services required by this Agreement. City agrees to furnish space for use by the Friends while performing the services described in this Agreement only as set forth in Exhibit B, incorporated herein. City agrees to comply with all reasonable requests of Friends necessary to the performance of Friends' duties under this Agreement. Marketing, promotion, volunteer efforts and special events shall be conducted jointly, with prior authorization of the Zoo Director as may be necessary. City will provide timely feedback to Friends to all requests for information. EXHIBIT D Insurance Requirements INSURANCE REQUIREMENTS FOR CONTRACTORS Friends shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Friends, his agents, representatives, employees or subcontractors. 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 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum Limits of Insurance Lessee 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 Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of Friends; and with respect toliability arising out of work or operations performed by on on behalf of Friends including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Friends's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, Friends's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Friends' insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision(b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage Friends shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Friends shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ITEM NUMBER: C - 2 DATE: 09/11/2012 u 7 ��3918'I 1879 ,sem Atascadero City Council Staff Report — City Manager City Council Consideration of a Public Statement Regarding the Litigation Filed Against the City on the Wal-Mart Project RECOMMENDATION: Council receive oral report from Staff, discuss and consider the formulation of a public statement regarding the litigation filed against the City on the Wal-Mart project, and provide direction to Staff, if needed. [City Manager] DISCUSSION: Staff will provide an oral report on this topic. FISCAL IMPACT: None. ATTACHMENTS: None. ITEM NUMBER: C - 3 DATE: 09/11/12 1918 I Imm' IT II 197 \AT C" Atascadero City Council Staff Report - City Attorney's Office Draft Response to Grand Jury Report Regarding Medical Marijuana RECOMMENDATION: Council approve the Draft Response to the Grand Jury Report entitled "Out of Sight, Out of Mind: Medical Marijuana in San Luis Obispo County" and authorize the City Manager to execute the Draft Response. DISCUSSION: On June 26, 2012, the San Luis Obispo Grand Jury transmitted a Report to the City of Atascadero on the subject of medical marijuana, a copy of which is attached to this Staff Report as Attachment 1. In this Report, the Grand Jury commented upon the subject of how medical marijuana is regulated within the boundaries of San Luis Obispo County. The Grand Jury makes a number of Findings and Recommendations in the Report. The City is required to prepare a Response to this Grand Jury Report and transmit that Response to the Presiding Judge of the Superior Court. The Findings upon which a response by the City of Atascadero is requested by the Grand Jury Report are Findings 2, 4, 5, 6 and 7. The Recommendations upon which a response by the City of Atascadero is requested by the Grand Jury Report are Recommendations 2, 3, 4, and 5. A Draft Response to the Grand Jury Report is attached to this Staff Report as Attachment 2. The Draft Response includes the proposed responses to Findings 2, 4, 5, 6 and 7.and also the proposed responses to Recommendations 2, 3, 4, and 5. ITEM NUMBER: C - 3 DATE: 02/22/11 FISCAL IMPACT: None. Approval of the Response to the Grand Jury Report has no fiscal impact to the City. ALTERNATIVES: 1. The Council may modify the Draft Response to the Grand Jury Report in such manner as the Council may determine appropriate. 2. If the Mayor has any comments regarding the Grand Jury Report in addition to the comments set forth in the Draft Response, then the Mayor may make separate comments in response to the Grand Jury Report. ATTACHMENTS: 1. Grand Jury Report of June 26, 2012 2. Draft Response to Grand Jury Report fi SQA T xpro F / h GRAND iA4fagN JURYP•.0 June 26, 2012 JUS 6 CONFIDENTIAL i -- ' Mayor Bob Kelley , City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Dear Mayor Kelley and City Council: The 2011-2012 San Luis Obispo County Grand Jury has completed the attached report titled "Out of Sight, Out of Mind: Medical Marijuana in San Luis Obispo County." This copy of the report is being provided to you two days in advance of its public release, as required by California Penal Code §933.05 (f), which states: A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Please check the last page of text of the report for the tuning of your response, if any, as required by the Penal Code. Sections 933 through 933.05 of the Penal Code are attached for your reference. Also attached is a form for your responses to its findings and recommendations. Please keep in mind that this report must be kept confidential until its public release by the Grand Jury. Respectfully, S 1 Dorman A. Baxter, Foreperson 2011-2012 San Luis Obispo County Grand Jury Enclosures NB:sm PHONE: (805) 781-5188 • FAX: (805) 781-1156 P.O.Box 4910 • SAx Loris OBISPO,CALIFORNIA 93403 www.slocourts.net CSU 1 OF SIGHT, OUT OF 1N®. MEDICAL, MARIJUANA IN SAN LUIS O ISPO COUNTY SUMMARY Medical marijuana is legal in California, but regulation of the dispensing of medical marijuana in San Luis Obispo County is subjective and inconsistent. A county ordinance governing medical marijuana brick and mortar dispensaries has been approved, but the County Board of Supervisors has repeatedly rejected the applications of such dispensaries. Moreover, an unknown number of unregulated medical marijuana delivery services are active in both the cities and the unincorporated areas of the county. These delivery services have created a"gray"market that local government is ignoring. As a result, safe access for those legally authorized for medical marijuana use is.not ensured, thereby placing the safety of the community at risk. Well-defined governmental regulation and oversight would support healthcare providers and optimize patient safety and well-being by ensuring safe access to medical marijuana for those legally authorized, while limiting its diversion to recreational use. INTRODUCTION This Grand Jury report is intended to be an overview of how medical marijuana is regulated within the boundaries of our county. It analyzes the confusing, conflicting, and ineffective laws, policies, and practices regarding the dispensing of medical marijuana that so frustrate local jurisdictions in California. The U.S.Attorneys' recent emphasis on enforcement of federal law in California adds another layer of confusion.The fact that federal law does not consider marijuana medically beneficial further complicates the situation. Ultimately, the courts may resolve these issues. Page 1 The findings presented in this report are meant to inform;the recommendations are meant to suggest that local governments have the ability to create order amid the current chaos through regulation and oversight. Local regulation and oversight could make medical marijuana at the local level safer for those who are legally authorized to use it and less available to those who abuse it. Finally,this report is not to be construed as advocating the use of marijuana in any form. AUTHORITY Section 925 of the California Penal Code provides statutory authority for Grand Jury reports. ORIGIN The widely reported abuses to the intent of Proposition 215 -The Compassionate Use Act of 1996 - and SB 420 -The Medical Marijuana Program Act-created a perceived need for the Grand Jury to review the situation within San Luis Obispo County. METHOD The Grand Jury's inquiry included: 1. Review of Proposition 215 and SB 420 2. Interview with San Luis Obispo County Sheriff's Administration 3. Interviews with County Health Department staff 4. Interviews with local physicians familiar with the medical marijuana authorization process and related issues 5. Interviews with local medical marijuana delivery service collective managers/owners 6. Interview with an owner of a brick and mortar medical marijuana collective dispensary in another California county 7. Interview with County Building and Planning Department staff 8. A survey of city managers within the county g Pae 2 9. Review of city municipal codes relevant to medical marijuana 10. Interview with County Drug and Alcohol Services staff 11. Review of a sampling of hydroponics and"smoke shop" retail venues 12. Review of current research and literature concerning medical marijuana 13. Review of federal statutes 14. Review of medical marijuana policies in Mendocino County, Colorado, and Canada NARRATIVE In 1996, over 55% of California voters passed Proposition 215, legalizing the medical use of marijuana. Proposition 215 states that its purposes are: • "To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a California licensed physician who has determined that a person's health would benefit from the use of marijuana... • "To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a California licensed physician are not subject to criminal prosecution or sanction." (see Online Sources in.Appendix A) In addition, Proposition 215 decriminalizes the possession and cultivation of marijuana by seriously ill individuals or their primary caregivers upon a California-licensed physician's recommendation for approval. The law stipulates that to receive medical marijuana a patient must see a doctor and receive an authorization(not a prescription). On January 1, 2004, the California legislature enacted SB 420 to clarify Proposition 215. It states that a patient's medical records must contain written documentation by the attending physician that the patient has been diagnosed with a serious medical condition and that the medicinal use of cannabis is appropriate. (Cannabis is the scientific name for marijuana.)A"serious medical condition is defined to include: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms (multiple sclerosis), seizures, severe nausea, and Page 3 any other chronic or persistent medical symptom that either substantially limits the ability of the person to conduct one or more major life activities or if not alleviated, may cause serious harm to the patient's safety or physical or mental health." Implementation of SB 420 calls for the attending physician to fulfill a number of requirements, including licensing, examinations, and diagnoses, documentation of condition, medical. records, and medical release forms. Physicians who authorize medical marijuana for a serious disease may not recommend a specific medical marijuana dispensary and may not authorize a certain dosage. Obtaining Medical Marijuana Authorization in San Luis Obispo County The Grand Jury interviewed local physicians familiar with marijuana policies, including one who does not issue medical marijuana authorizations and two whose practices involve medical marijuana examinations and authorizations. There are some similarities among the physicians. All are licensed to practice medicine in the State of California. All agreed that the state law and county regulations are too vague, making it difficult to determine whether a physician is failing to provide an acceptable standard of care. Those physicians granting medical marijuana authorizations differ widely in how they evaluate patients. Not all of these physicians are members of recognized professional organizations, however, The physicians interviewed are familiar with the guidelines published by the California Medical Association(CMA), and the two physicians who do issue authorizations claim that they are following those guidelines, as well as all related laws. They sign a medical marijuana authorization that states the patient has a `-serious disease"and is authorized to legally possess marijuana. These two physicians do not recommend a specific medical marijuana dispensary and do not authorize a certain dosage. Both of these physicians believe that medical marijuana can treat anxiety, insomnia, chronic pain, depression, panic attacks, and migraines. Page 4 -� The Role of the County Health Department The language of SB 420 imposed "various duties upon county health departments relating to the issuance of identification cards, creating a state mandated local program." It became mandatory that all counties participate in a new identification card(ID) program by: • providing applications upon request to individuals seeking to join the identification card program • processing completed applications • maintaining certain records • following state implementation protocols, and • issuing Department of Public Health(DPH) ID cards to approved applicants or their designated primary caregivers For the County Health Department, the medical marijuana ID program is strictly administrative. The Vital Records staff verifies identity, medical authorizations, and the authorizing physician's California medical license. Staff also takes the ID card photo, requests the ID card from Sacramento, processes fees, and_maintains a record of applications. There is no provision for checking criminal records The fee is $1.35 of which half goes to the state and half to the county. There is a reduced fee of $67.50 for Medi-Cal recipients. The card expires after one year and is renewable with annual payment of the fee. The primary intent of the California Medical Marijuana ID Card is to provide information to law enforcement officers who may want to verify the identity and authorization of a medical marijuana patient. It is not mandatory for the patient to obtain an ID card, however. By law, an authorization by a California-licensed physician is all that is required for a patient to buy or possess medical marijuana. Since 2006, the county has issued 408 cards. The highest yearly total issued was 128 in 2010; in 2011, the count decreased to 48. County staff could not attribute the drop to anything in Page 5 particular, except that patients may not have wanted to pay the fee because the card is not mandatory. The county has never denied an application for an ID card. Currently,the Health Department does not concern itself with matters of public health in regard to medical marijuana. The contaminants, pesticide content, and potency of the marijuana distributed to authorized citizens of the county are not addressed. Edible medical marijuana products are not monitored or regulated by the county health agencies(nor by the state) as are other commercially distributed edible products. The Director of the San Luis Obispo County Health Agency stated in an interview that the County Health Department would "probably" have jurisdiction over marijuana edibles. The Department is researching the issue. Appropriate testing and regulating of medical marijuana, including edibles, by the county or incorporated cities would undoubtedly be expensive, but not necessarily a non-recoverable expense. For example, the City of Oakland taxes medical marijuana. It reported that $1.4 million in business taxes was collected in 2011 from medical marijuana dispensaries, nearly three percent of all business taxes collected in the city that year. City and County Ordinances Each incorporated city in the county has an ordinance prohibiting medical marijuana dispensaries. On February 6, 2007, the County Board of Supervisors approved an ordinance requiring a Minor Use Permit for medical marijuana dispensaries. It was authored by County Building and Planning staff and centered on the following design and operational standards: 1. The location must be outside the central business district and a minimum of 1.000 feet from any school, library, park or recreation area. 2. Limitation on use. a. Hours of operation are limited to 11:00 a.m. to 6:00 p.m. seven days per week. b. No person under the age of 18 permitted. c. No retail sales of paraphernalia Page 6 d. No cultivation permitted at or on.dispensary property. 3. Staff/employees must be 21 years of age or older. 4. A security plan must be submitted. 5. A notice must be posted that persons under the age of 18 are not allowed. 6. A notice must be posted that consumption of medical marijuana is prohibited in the vicinity of the dispensary. 7. The Sheriff's Department shall be notified of the dispensary name, location and contact information. The process begins with an application to the County Building and Planning Department. County Building and Planning staff produces a report with a recommendation to the Planning Commission. The Planning Commission convenes a public hearing and may approve or disapprove the application for a Minor Use Permit. The Planning Commission may also recommend conditions and move the Conditional Use Permit to the Board of Supervisors for approval. The public may appeal the Planning Commission's decision to the Board of Supervisors. There have been three applications for collective dispensaries since the county ordinance was passed. The first two applications were denied. The last application to go before the Planning Commission was heard on November 3, 2011. Staff recommended denial of the application, but the Planning Commission granted a Conditional Use Permit. The approval was appealed to the Board of Supervisors and the Board upheld the appeal, thereby denying the application, on March 6, 2012. Brick and Mortar Dispensaries/Collectives "Collective" is the legal term for a dispensary. The purpose of these dispensaries/collectives is to provide safe and secure access to medical marijuana. In a collective, marijuana received from growers and manufactured edibles may be tested for contaminants (including pesticides) and THC levels. Edibles can also be labeled for potency by the manufacturer. Page 7 _� On January 18, 2012 the California Supreme Court voted unanimously to review how cities and counties regulate medical marijuana dispensaries based on four medical marijuana cases: • Pack v City of Long Beach involves a Court of Appeal ruling that Long Beach's medical marijuana dispensary ordinance was pre-empted by the federal Controlled Substances Act. • City of Riverside v Inland Patient's Health & Wellness Center, Inc. and People v G3 Holistic concern Court of Appeal decisions upholding ordinances that banned medical marijuana dispensaries. • Traudt v City of Dana Point involves a Court of Appeals decision concerning an individual's standing to bring a lawsuit alleging a violation of state law with respect to a medical marijuana collective.) Mobile Delivery Collectives Proposition 215 did not stipulate that all collective operations emanate from a"brick and mortar" collective,thereby leaving room for mobile delivery collectives. Mobile delivery collectives register medical marijuana patients as members and deliver medical marijuana to the members, usually at home. The members' obligation to the collective is the cash they contribute in exchange for the medical marijuana. Several of these collectives advertise in San Luis Obispo County, in the local media and online. The Grand Jury heard testimony that as many as 40 delivery services currently operate within the incorporated and unincorporated areas of the county. Medical marijuana mobile delivery collectives are more difficult to regulate because they operate in multiple jurisdictions, which adds to law enforcement's challenges. Cities within San Luis Obispo County and the county itself have ordinances prohibiting or regulating brick and mortar medical marijuana dispensaries, but there are no regulations LLeague of California Cities. "California Supreme Court Grants Review of Four Medical Marijuana Cases,"January 20,2012.www.cacities.org/Top/News/News-Articles/2012/January. Page 8 affecting medical marijuana mobile delivery collectives, with one exception. The city of Atascadero has approved an ordinance prohibiting mobile delivery collectives. The lack of ordinances and regulations governing mobile delivery collectives at the local level has led to a chaotic situation. The Attorney General of California has issued General Guidelines regarding medical marijuana, but there are no local regulations to which mobile delivery collectives must adhere. As a result, law enforcement officials have few tools to evaluate whether mobile delivery collectives are operating legitimately. Some collectives make a serious attempt to comply with Proposition 215 and SB 420, and the Attorney General Guidelines regarding medical marijuana; others pay little or no attention. The minimum age required to become a member of the collective varies; some allow members as young as 18, others have a minimum age of 21. Some collectives keep close records of their members and amounts disbursed, and verify physician authorizations for medical marijuana; others do not. A few collectives track medical marijuana from grower to collective to delivery driver, and to the collective member, and even weigh it at each stage, to ensure that there is no loss; others do not. Some collectives obtain local business licenses; most do not. Although medical marijuana is authorized by physicians to treat certain conditions, it is not a prescription drug and is, therefore, subject to tax. Not all mobile delivery services, however, collect and pay sales taxes. Finally, mobile delivery services conduct no testing of the product they sell_ As a result, the quality of medical marijuana delivered can vary widely. All city managers were asked if all businesses in their jurisdiction needed a business license. All answered in the affirmative, with Atascadero requiring a business tax. A search of the advertised delivery services in city records showed very few with business licenses. All city managers and Cal Poly law enforcement were asked how many medical marijuana delivery services operated within their jurisdiction. All answered none to their knowledge. -- Page 9 Local governments are simply not aware of the number of medical marijuana mobile collective delivery services operating in their jurisdictions and make no attempt to regulate these businesses. It is possible, however, for the county and the cities to take steps to require business licenses and fees for mobile delivery services. Additional revenue could then be generated for the county and the cities. All the mobile collective delivery service managers interviewed by the Grand Jury operate within incorporated and unincorporated areas of the county, and one operates in a tri-county area. Membership agreements, recordkeeping and verification of physician authorizations were consistent for these collectives. Possession of a Sellers Permit and a Business License, as specified in the Attorney General Guidelines, however, was not consistent. One interviewee stated that the local business environment actually encouraged creation of a growing "gray" or "black market"by forcing reputable mobile collective delivery services that attempt to comply with legal mandates out of business. The "grays and blacks"do not keep records or pay sales tax, thereby undercutting reputable mobile collective delivery services in pricing. All of the managers interviewed agreed that testing for quality and potency would be appropriate and should be required. However, additional costs for testing would require higher prices that would likely drive their clients to the black market competition. The Biggest Challenge: Enforcing the Law California law enforcement agencies face a challenge in interpreting Proposition 215 for enforcement purposes. The law lacks clarity for agencies that are required to operate within"the letter of the law." Initially, the Attorney General issued guidelines that proved helpful; over time, however, with legal challenges and various suggested interpretations, it has become increasingly difficult to separate the legal from the illegal. Page 10 For example, in December 2010, a San Luis Obispo County Narcotics Task Force operation resulted in the arrest of twelve local medical marijuana collective delivery service providers. This operation involved an undercover officer posing as a medical marijuana patient. Issues emerged at the trial as a result of the investigation and interpretation of the law. There was a lack of consistency in the municipal requirement of a business license, seller's perauit or incorporation as a California Mutual Benefit Non-Profit operation. One of the county's high-ranking law enforcement officers approached the Governor. (who in his former position as Attorney General formulated the Proposition 215 Guidelines) with the question, "What makes a `collective' illegal?" The answer was "profits" but a definitive definition of"profit" in regard to collectives has not been provided by the state. In 2011, the California Attorney General formally asked the legislature to clarify state law to bring "certainty and consistency" to law enforcement, the medical marijuana collectives and authorized patients.Areas to be addressed include: defining the contours of the right to collective and cooperative cultivation; what constitutes a "dispensary;" a definition of non-profit operation as it applies to providers; and, requirements for edible medical marijuana products. At present, local governments that apply conflicting rules and regulations largely govern medical marijuana. A proposed November 2012 initiative would establish a medical marijuana enforcement bureau in the California Department of Consumer Affairs. This could be a step forward in assisting peace officers to perform their duties more efficiently and effectively. Law enforcement officials in the county have linked two homicides and a dozen home invasions to medical marijuana. Some medical marijuana is diverted to non-patients, young people, and the black market. For public safety, it is important that law enforcement have guidelines to help determine who is a1egal provider or user of medical.marijuana. Page I I CONCLUSION Accurate medical marijuana usage estimates cannot be made due to the lack of regulatory reporting. County and most municipal officials are either uninformed or they ignore the mobile collective delivery services. San Luis Obispo County has an ordinance allowing brick and mortar medical marijuana dispensaries, but the Board of Supervisors has denied all applications to date. Incorporated cities have ordinances that ban brick and mortar collectives, but most have no ordinance governing mobile delivery services in their communities, similar to the county. Unregulated mobile collective delivery services driving through our county and its communities with unknown sums of money and large quantities of medical marijuana invite potentially tragic'consequences. Safe access for authorized medical marijuana patients is the issue, and regulation is the key. Codes and ordinances could place specific, reviewable, measurable and enforceable conditions on dispensaries, as well as delivery services. If governing bodies in the county would acknowledge these issues and act to mitigate them, authorized patients might then have safe access to medical marijuana and local governments could receive business license revenues. Also, law enforcement would have the means to distinguish between legitimate, state-authorized operations and those that are illegitimate, in other words, distinguish between"the good guys" and"the bad guys." Page 12 FINDINGS Finding 1: San Luis Obispo County has an ordinance allowing brick and mortar medical marijuana collectives, but the Board of Supervisors has rejected all.applications to date. Finding 2: Each incorporated city in the county has an ordinance prohibiting brick and mortar medical marijuana collectives within its city limits. Finding 3: The county and incorporated cities in the county have not adopted an ordinance regarding medical marijuana mobile collective delivery services operating within their jurisdictions, with the exception of Atascadero. Finding 4: Business licenses are required for all businesses operating in the incorporated and unincorporated areas of the county. Finding 5: Many medical marijuana mobile collective delivery services operate in the incorporated and unincorporated areas of the county without a business license. Finding 6: There is currently no way to determine the exact number of medical marijuana mobile collective delivery services operating in the incorporated and unincorporated areas of the county or on the Cal Poly campus. Finding 7: There is no protocol for medical marijuana mobile collective delivery service recordkeeping. Finding 8: Medical marijuana, including edibles, is not regulated by the County Health Department. Finding 9: Home invasions and homicides have resulted from medical marijuana being present or grown in homes. -- Page 13 Finding 10: The County Health Department is designated to administer the medical marijuana ID program and it satisfies the requirements set forth in Proposition 215 and SB 420. RECOMMENDATIONS Recommendation 1: The County Board of Supervisors should convene a committee comprised of the County Sheriff, County Building and Planning staff,local public health officials, the County Tax Collector, the County Planning Commission,brick and mortar medical marijuana collective and mobile collective delivery service managers, medical marijuana physician providers,and community representatives.The purpose of the committee should be to develop a fair and viable local ordinance for brick and mortar medical marijuana collectives thai provide authorized patients with safe access to contaminant-free medical marijuana in accordance with California law. Recommendation 2: The county and incorporated cities in the county should develop an ordinance regarding medical marijuana mobile collective delivery services within their respective jurisdictions. Recommendation 3: By code or ordinance, the county and each incorporated city in the county should require medical marijuana mobile collective delivery services operating within their jurisdiction to possess a business license and seller's permit. Recommendation 4: Using business license records, seller's permits and sales taxes, the county and each incorporated city in the county should compile a list of medical marijuana mobile collective delivery services operating within their jurisdictions. Recommendation 5: By code or ordinance,the county and each incorporated city in the county should require medical marijuana collectives and mobile collective delivery services to keep current records. Page 14 Recommendation 6: The County Health Department should consider establishing standards for edible medical marijuana sold in the county. REQUIRED RESPONSES The San Luis Obispo County Board of Supervisors is required to respond to Findings 1, 3, 4, 5, 6, and 7, and Recommendations 1, 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please' provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of Arroyo Grande is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of Atascadero is required to respond to Findings, 2, 4, 5, 6, and 7, and Recommendations 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of Grover Beach is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24,2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of Morro Bay is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. Page 15 The City of Paso Robles is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of Pismo Beach is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4, and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The City of San Luis Obispo is required to respond to Findings 2, 3, 4, 5, 6, and 7, and Recommendations 2, 3, 4,and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by September 24, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The San Luis Obispo County Health Department is required to respond to Findings 8 and 10, and Recommendation 6. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by August 27, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury as well. The mailing addresses for delivery are: Presidia Jud `e_ Grand Jul Presiding Judge Barry T. LaBarbera San Luis Obispo County Grand Jury Superior Court of California P.O. Box 4910 1050 Monterey Street San Luis Obispo, CA 93408 San Luis Obispo, CA 93402 The e-mail address for the Grand Jury is: GrandJury@co.slo.ca.us Page 16 APPENDIX A ONLINE SOURCES* CA Attorney General Guidelines: www.ag.ca.gov/cros_attaclunents/press/pdfs/nl601 medicalmarijuana.guidelines.pdf Medical Marijuana Identification Card Program: www.slocounty.ca.gov/health/publichealth/mmic—htm Driving Miss Mary Jane,David Freed,January/February 2012: www.Miller-Mcune.com Medical Marijuana Raid In SLO County Raises Questions: www.sanluisobispo/2011/01./08/1436280/medical-marijuana-raid.html Proposition 215,Health& Safety Code 11362.5: www.cannorml.org/laws/hscI1362 5.html Senate Bill 420,Health and Safety Code 11362.7: www.potdoc/bill—sb-420.htrnl Testing for Contaminants and Potency in Medical Marijuana: www.Halent.com Marijuana Addiction and Medical Marijuana Patients: www.cannabisdoctorsnetwork.com/marijuana-addiction-symptons.php www.cmanet.org/medicalmarijuana www.mbe.ca.gov/media/releases 2004_05_13 marijuana.html http://sanluisobispo.areaconnect.com/doctors http://en.wikipedia.org/wiki/Califomiaproposition_15_(1996) CA Attorney General's Letter to Lawmakers, December 21, 2011: www.californiaprogressreport.com/s ite/attorney-general-issues-letter-lawmakers-medical-rn.arij uana Page 17 Regulation of Medical Marijuana Dispensaries to be considered by the California Supreme Court: www.sanluisobispo.con/2012/01/19/1913641/marijuana-dispensaries-california-html#storylink=cpy Delivery Services Map: www.califomiawatch,org/public-safety/map-medical-marij uana-delivery-services-california Delivery Services by Zip: www.weed.maps.com Marijuana Edibles: www.f hwcc.org/edib les/ Medical Marijuana: Inhalation vs. Edibles: www.marij uananedicine.com/2009/06/medical-marijuana-inhalation-vs-edibles-why-is-it-so-different/ Cannabis Doctors Network: www.cannabi`sdoctorsnetwork.com/marij uana-addiction-symptoms.php Canada: www.hc-sc.gc.adhp-mps/marihuana/about-apropos/faq-eng.plip Colorado: www.cdphe.state.co.us/hs/medical.marijuana http://reasomoom/blog/2012/03/O5/us-attorney-in-colorado-says-all-state-1 Mendocino County: www.mendocinosheriff.com www.mendocinocountry.com/independent/Icannabis/2policy/9.3 lpasses.html *To be useful these links may best be copied and pasted into a browser Page 18 California Penal Code 933. (a)Each.grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors,when applicable, upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b)One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c)No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk,or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand juiy final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (d) As used in this section"agency" includes a department. 933.05. (a) For purposes of subdivision(b)of Section 933, as to each grandjury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision(b) of Section 933, as to each grand jury recommendation,the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will. be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c)However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury,but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d)A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation,the grand jury shall meet with the subject of that investigation regarding the investigation,unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f)A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Response to Grand Jury Report Form Report Title: Report Date: Authorized Responder: FINDINGS • 1 (we) agree with the findings numbered: • 1 (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons.) RECOMMENDATIONS • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) • Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) • Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) Date: Signed: Number of pages attached Revised February 2012 Attachment 2 Draft Response to Grand Jury Report Form Report Title: OUT OF SIGHT, OUT OF MIND: MEDICAL MARIJUANA IN SAN LUIS OBISPO COUNTY Report Date: The Grand Jury Report is undated, but was sent to the City by correspondence from the Grand Jury dated June 26, 2012. Response by: Mayor Bob Kelley and Atascadero City Council Title: Mayor and City Council Members FINDINGS The Report requests the City of Atascadero to respond to Findings 2, 4, 5, 6 and 7 1 (we) agree with the findings numbered: Finding 6 1 (we) disagree wholly or partially with the findings numbered: Finding 2, 4, 5 and 7 (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons.) SEE ATTACHMENT RECOMMENDATIONS The Report requests the City of Atascadero to respond to Recommendations 3, 4 and 5 Recommendations numbered as listed below have been implemented None (Attach a summary describing the implemented actions.) Recommendations numbered as listed below have not yet been implemented, but will be implemented in the future. None (Attach a timeframe for the implementation.) Recommendations numbered as listed below require further analysis. None (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) Recommendations numbered as listed below will not be implemented because they are not warranted or are not reasonable. Recommendation No. 3— See Attachment for explanation Recommendation No. 4— See Attachment for explanation Recommendation No. 5 -- See Attachment for explanation. Date: September , 2012 Signed: Wade McKinney, City Manager City of Atascadero Number of pages attached: Two ATTACHMENT TO GRAND JURY REPORT FORM RESPONSE FINDINGS 2. Each incorporated city in the county has an ordinance prohibiting brick and mortar medical marijuana collectives within its city limits. Response: Agree in part. The City of Atascadero has an ordinance, set forth in Chapter 5-13 of its municipal code,that prohibits medical marijuana facilities within the City. The City's ordinance identifies a medical marijuana facility as a dispensary, cooperative or collective whether at a fixed or mobile location. Atascadero cannot comment on the ordinances adopted by other cities in the county. 4. Business licenses are required for all businesses operating in the incorporated and unincorporated areas of the county. Response: Agree in part. Atascadero has adopted Chapter 3-5 of its municipal code, requiring business licenses for businesses operating within the City of Atascadero. Atascadero cannot comment on the ordinances adopted by other cities in the county. 5. Many medical marijuana mobile collective delivery services operate in the incorporated and unincorporated areas of the county without a business license. Response: Disagree in part. The City of Atascadero is unaware of such services operating within the City of Atascadero. In fact, the Atascadero ordinance set forth in Chapter 5-13 prohibits delivery of medical marijuana with the City of Atascadero except for deliveries by a primary caregiver to a qualified patient.Atascadero cannot comment on whether such services operate in other cities in the county. 6. There is currently no way to determine the exact number of medical marijuana mobile collective delivery services operating in the incorporated and unincorporated areas of the county or on the Cal Poly Campus. Response: Agree. 7. There is no protocol for medical marijuana mobile collective delivery service recordkeeping. Response: Disagree in part. The City of Atascadero is unaware of such protocols within the City of Atascadero. Atascadero cannot comment on whether there are such protocols in other cities in the county. RECOMMENDATIONS The Grand Jury recommends that: 3. By code or ordinance, the county and each incorporated city in the county should require medical marijuana mobile collective delivery services operating within their jurisdiction to possess a business license and seller's permit. Response: The recommendation will not be implemented because it is not warranted. Possession of, and distribution of marijuana, whether for medical or other purposes, is prohibited by federal law. The City of Atascadero will not issue business licenses to medical marijuana dispensaries, since they are prohibited from operating in any zone of the City, and they operate in violation of federal law. 4. Using business records, seller's permits and sales taxes, the county and each incorporated city in the county should compile a list of medical marijuana mobile collective delivery services operating within their jurisdictions. Response: The recommendation will not be implemented because it is not warranted. Possession of, and distribution of marijuana,whether for medical or other purposes, is prohibited by federal law. The City of Atascadero will not compile lists of medical marijuana dispensaries,whether mobile or fixed, since they are prohibited from operating in any zone of the City, and they operate in violation of federal law. 5. By code or ordinance, the county and each incorporated city in the county should require medical marijuana collectives and mobile collective delivery services to keep current records. Response: The recommendation will not be implemented because it is not warranted. Possession of, and distribution of marijuana,whether for medical or other purposes, is prohibited by federal law. The City of Atascadero will not require medical marijuana dispensaries,whether mobile or fixed, to keep any records, since they are prohibited from operating in any zone of the City, and they operate in violation of federal law. ITEM NUMBER: C -4 DATE: 09/11/12 XQ IT 1979 Atascadero City Council Staff Report — Public Works Department Stormwater, FEMA Floodplain, and Wastewater Regulation Update RECOMMENDATION: Council receive and file report. DISCUSSION: Background: This report provides an update on various water-related programs that are actively implemented by the City. The programs include stormwater regulations, FEMA flood mapping requirements, and septic system regulations. Analysis: Staff continues to work through the changing regulatory environment related to stormwater and wastewater associated with both the State Water Resources Control Board and the Central Coast Regional Water Quality Control Board. The staff and City Council have been actively involved with attending hearings and presentations by both agencies over the past three years as stormwater and wastewater regulations have been developed. Not only do these regulations impact City operations, they also have significant impacts on City Building Codes, homebuilders, and the general public. The following is a summary of the status of the latest stormwater, FEMA floodplain management, and septic system regulations affecting the City of Atascadero. Stormwater Draft Phase II Permit: The State Water Board released its final Draft Stormwater Permit (Permit) for public comment in June 2012. The State Board has set the final Permit hearing date for October 2012 (no specific day has been provided). This Permit regulates stormwater discharges from municipal storm sewers. The State considers any pipe or manmade swale that conveys stormwater to a creek, a municipal storm sewer. The State updates the Permit every five years. ITEM NUMBER: C -4 DATE: 09/11/12 The City has developed and implemented a Stormwater Management Plan (Plan) as required by the current permit. The City's Plan details activities that the City must perform in order to comply with the terms of the current Permit. Typical activities include cleaning storm drains, educating the public on stormwater issues and requiring advanced stormwater controls on new development. City staff has reviewed the Draft Permit and attended pre-hearing meetings with State Board staff to learn more about the draft requirements. In addition, staff has worked with the Statewide Stormwater Coalition to effect positive change in the Draft Permit. One of the major changes will be the elimination of the section that requires stormwater plans. Once adopted, the City will have to comply with the requirements in the Permit unless directed to do otherwise by our local Water Board staff. City staff anticipates that the permit will be adopted by the State in October. Post Construction Requirements: The Central Coast Water Board has released its final draft Post-Construction Stormwater Requirements (Requirements). The Requirements outline the Central Coast Water Board's new rules for controlling post construction stormwater discharges from development and redevelopment. The new rules cover both water quality and water quantity. The Requirements incorporate a tiered approach whereby the more impervious surface that is added, the stricter the requirements become. City staff has been actively following the development of the Requirements and has provided comments to the Central Coast Water Board. The final Draft Requirements can be accessed at: http://www.waterboards.ca.gov/centralcoast/water issues/programs/stormwater/docs/lid /lid hydromod charette index.shtml for review. The final Draft requirements will apply to all projects that meet certain applicability thresholds. Applicability thresholds are based on the amount of impervious surface that an applicant proposed to install on their property. The threshold starts at 2,500 square feet for simpler runoff reduction requirements and go up to 22,500+ square feet. Projects that are larger than 22,500 square feet will be required to match the predevelopment runoff from the parcel. Staff anticipates that mostly commercial and municipal projects will trigger the 22,500 square foot requirements. Staff will be attending the Water Board's September 6, 2012 hearing on these requirements. Staff remains concerned about the impact that these measures will have on redevelopment projects especially on small lots. Staff will be speaking at Public Comment and will update Council at the September 11 meeting on the final hearing outcome. Stormwater Challenges: The City is currently unable to fully fund newly required State stormwater best management practices (BMPs) that are above and beyond historic service levels provided by City staff and contracted labor. The elimination of the City's Redevelopment Agency has further impacted our ability to fund required stormwater programs. Examples of minimum service levels include the cleaning of storm drain inlets, street sweeping, responding to complaints, tracking illegal dumping and participation in Creek Day. Even though not all of the required BMPs are being ITEM NUMBER: C -4 DATE: 09/11/12 implemented, the work staff is able to accomplish does have a positive impact on the City's stormwater quality. The challenge is performing work that requires additional funding for a higher level of staff or contractor involvement to accomplish additional stormwater protection, and consequently is not currently being completed. Items such as enhanced street sweeping, website updates, municipal code revisions, staff training, educational programs, publication printing, project inspection tracking and development of training manuals are not being worked on at the schedule or depth required by the Regional Water Quality Control Board. To make matters more difficult, the State is also charging the City an approximate $9,000 permit fee which directs the City's scarce General Fund resources (that could pay for additional work) to the State. A future challenge will be implementation of the new post-construction stormwater runoff requirements. The post construction requirements, when adopted, will require additional staff training, Municipal Code modifications, updates to the City's Engineering Drainage Standards, additional field inspections, and reporting. All these efforts will require additional staff time and funding to implement. The City does not currently have a funding source for this work. Stormwater program funding alternatives used in other jurisdictions, such as a City-wide drainage assessment district, or part of a sales tax measure, may need to be implemented here to avoid State fines and penalties for non- attainment. Staff will continue to explore ways to fund and implement the program. FEMA Flood Mapping: The Federal Emergency Management Agency recently released updated Flood Insurance Rate Maps (FIRMs) that cover the City of Atascadero. The new FIRMs show flood elevations and locations for the Salinas River, Atascadero, Paloma, Eagle, Boulder and Graves Creeks. City staff uses these maps to determine development requirements for owners who desire to build in a flood plain. Requirements for construction are contained in Title 7, Chapter 11 of the City's Municipal Code. The new FIRMs are effective immediately. The City's Municipal Code contains an automatic adoption clause that states that all new maps or amendments are effective upon issuance by FEMA. However, automatic adoption will not impact a resident whose home is located in a flood plain. There are no requirements for retrofit work, however their flood insurance premium will continue to be commensurate with the increased risk. Also, the new FIRMs do not change any flood plain boundaries within the City. FEMA released the new FIRMs with better background mapping which will make it easier to determine when a property or structure is located in a 100-year flood plain. ITEM NUMBER: C -4 DATE: 09/11/12 Wastewater Statewide Septic System Policy: The State Water Board has adopted the Statewide Septic System Policy (Policy). The Policy was adopted on June 19, 2012. The City commented on the proposed policy prior to adoption. The Policy takes effect on January 19, 2013. The Policy will be implemented statewide and will replace the Central Coast Water Board's current septic system requirements. The Central Coast Water Board is required to amend their Basin Plan to include the new Policy Requirements. Existing systems that are operating normally will not be affected by the new Policy. Landowners with existing systems will not need to upgrade those systems or make any operational changes. However, the City will need to develop and implement a Local Agency Management Program for new and replacement septic systems. City staff anticipates that the Septic System Management Plan will be very similar to the City's current Municipal Code Requirements. This includes requirements for percolation testing, siting, design and operation. City staff estimates that a Septic System Management Plan will cost between $5,000 to $10,000 to prepare and have accepted by the Central Coast Water Board. FISCAL IMPACT: None; update only. ALTERNATIVES: None; update only. ATTACHMENTS: None.