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CC_2014-03-11_Agenda Packet
1918 1979 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, March 11, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees 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 Sturtevant ROLL CALL: Mayor O'Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno /_1 aa:1917_1W91 y_[r] =1►10611IW. II PRESENTATIONS: None 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 — Strategic Planning Workshop - January 31, 2014 & February 1, 2014 ■ Recommendation: Council approve the City Council Draft Action Minutes of January 31, 2014 & February 1, 2014. [City Clerk] 2. City Council Draft Action Minutes — February 25, 2014 ■ Recommendation: Council approve the City Council Draft Action Minutes of February 25, 2014. [City Clerk] 3. January 2014 Accounts Payable and Payroll Disbursements ■ Fiscal Impact: $2,410,696.10 ■ Recommendation: Council approve certified accounts payable, payroll and payroll vendor checks for January 2014. [Administrative Services] 4. Appropriation of Funds for Vehicle Replacement ■ Fiscal Impact: The total fiscal impact is the appropriation of $41,500.00 in Vehicle Replacement Funds. ■ Recommendations: Council: 1. Authorize the Administrative Services Director to appropriate $41,500.00 in Vehicle Replacement Funds for the purchase of two replacement Field Operations trucks; and, 2. Authorize the purchase from the State Contract Bid Vendor (Downtown Ford Sales, Sacramento) for two 2015 Ford F250 pick- up trucks in the amount of $40,670.95. [Public Works] 5. Subdivision Improvement Aareement — Estancia Development at Tract 2525 -Phase I (Approval of Subdivision Improvement Agreement) ■ Fiscal Impact: None ■ Recommendation: Council authorize City Manager to execute a Subdivision Improvement Agreement for improvements associated with the Estancia Development at the Las Lomas Subdivision, Tract 2525 - Phase I. [Public Works] 6. CDBG Barrier Removal — Atascadero Lake Park Proiect Award Citv Bid No. 2014-002 ■ Fiscal Impact: The fiscal impact of the construction of this project is $139,038.43 of CDBG funds. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Viborg Construction in the amount of $139,038.43 for construction of the Atascadero Lake Park CDBG 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] 7. Alcoholic Beveraae Control (ABC) License Off -Site Sale of Beer and Wine PLN 2014-1496 / ABC 2014-018 9010 West Front Road (Holidav Inn Express) ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution "A" finding that public convenience or necessity would be served by allowing the issuance of a Type 20 ABC license for the sale of beer and wine for off-site consumption at the Holiday Inn Express located at 9010 West Front Road. [Community Development] 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(a�atascadero.orq.) B. PUBLIC HEARINGS: 1. Discussion of Title 7 Public Works Code Text and Title 8 Building Code Text Amendments ■ Fiscal Impact: None. ■ Recommendation: Council provide direction to Staff on amendments to Title 7 Public Works and Title 8 Building Code regarding options for installing septic systems or connection to the City's sewer system. [Public Works] C. MANAGEMENT REPORTS: None COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Sturtevant 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. League of California Cities — Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. Homeless Services Oversight Council Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. City of Atascadero Design Review Committee 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, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the March 11, 2014 Regular Session of the Atascadero City Council was posted on March 5, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 5th day of March, 2014, at Atascadero, California. Lori Mlynczak, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATA SCA DERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, 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, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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: 03-11-14 SPECIAL MEETING ATASCADERO CITY COUNCIL Friday, January 31, 2014, 5:00 p.m. Saturday, February 1, 2014, 8:30 a.m. City Hall — Council Chambers 6500 Palma Avenue, Atascadero (Enter on Lewis Avenue) ************************************* Strategic Planning Workshop DRAFT ACTION MINUTES FRIDAY, JANUARY 31, 2014,5:00 P.M. Mayor O'Malley called the meeting to order at 5:04 p.m. and welcomed everyone to the Council's Strategic Planning Workshop. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley I_1. - 1 = Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. Atascadero City Council January 31/February 1, 2014 Page 1 of 6 ITEM NUMBER: A-1 DATE: 03-11-14 PUBLIC COMMENT: The following citizens spoke during Public Comment: Jerry Clay and Len Colamarino. Mayor O'Malley closed the Public Comment period. COUNCIL WORKSHOP — STRATEGIC PLANNING City Manager Rickard reviewed the agenda. IZkIIl:161III lot 1101Z6" 1 Council and staff introduced themselves and shared a little about themselves. Mayor O'Malley recessed the meeting at 6:10 p.m. for a dinner break. Mayor O'Malley reconvened the meeting at 6:30 p.m. :IQ 4�Y_1►U1N*11161ZRI131gIII=63 There was discussion regarding Policy vs. Implementation. The City Council's role is to set Policy, and it is Staff's role to implement those policies. IIA_1iyiI --III til Q1'[ex:V9:I=1 3Z191TiVlLlF-IT" V City Manager Rickard split the group up into two teams for an exercise where one team could build something with no public input or worry of making a decision in private, and the other team had to only make decisions in public, allowing for public comment and complying with the Brown Act. Xolfl►[a]1 N►Is] SiyiF3 The City Council reviewed their Council Norms and made some amendments. There was Council consensus to review the Mayor's Role section of the Norms next year at Strategic Planning. ADJOURNMENT: The Council will adjourn to Saturday, February 1, 2014, 8:30 a.m. to continue the Strategic Planning Workshop. Mayor O'Malley adjourned the meeting to Saturday at 8:30 a.m., at 9:01 p.m. Atascadero City Council January 31/February 1, 2014 Page 2 of 6 ITEM NUMBER: A-1 DATE: 03-11-14 SATURDAY, FEBRUARY 1, 2014,8:30 A.M. Mayor O'Malley called the meeting to order at 8:35 a.m. :Zs]q W41_149 Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. The City Council and staff were served breakfast. 1816111►[a]I>&TiTL6]N:l&*I:ICM30:LAIXr]LIaA_1Z1►IIki10 PUBLIC COMMENT: The following citizens spoke during Public Comment: Dennis Schmidt, Jerry Clay and Linda Hendy. Mayor O'Malley closed the Public Comment period. 2013 ACCOMPLISHMENTS: The City Council and Staff listed all the City accomplishments made in 2013. STATE OF THE ORGANIZATION: Administrative Services Director Rangel gave a financial review presentation. Atascadero City Council January 31/February 1, 2014 Page 3 of 6 ITEM NUMBER: A-1 DATE: 03-11-14 INFRASTRUCTURE AND POLLING: Public Works Director Thompson gave a presentation regarding the condition of our public roads, drainage, parks and buildings. The City Council and Staff participated in a conference call with Jennifer Franz, of J.D. Franz, a polling consultant. There was discussion of polling the community about the possibility of placing a ballot measure on the November ballot asking to increase sales tax. There was Council consensus to focus the poll on roads and infrastructure. Mayor O'Malley recessed the meeting for lunch at 12: 00p.m. Mayor O'Malley reconvened the meeting at 12: 30p.m. City Manager Rickard explained what Staff does and how many employees we have. There was discussion about how we can reduce the stress on employees that are trying to keep up with demand with fewer employees. Some suggestions were: • Mayor should meet with the Management Team annually • If Council wants a new project, they need to cut an existing project • Full cost recovery • Concern for employee morale • New vacation policy causes more employees to take vacations, causing minimum staffing — can be stressful • Staff needs to hold the Council to their decision of full cost recovery There was Council consensus to direct staff to return with morale options, and options for better communication between Council and staff. Staff needs to hold Council accountable. 1+9:2x61/_MAN4►III 16"s Mayor O'Malley stated that, depending on where this discussion goes, he might have a conflict. City Attorney Pierik explained that if the discussion is about all tourism issues, Mayor O'Malley may participate. If the discussion is specifically about TOT or TBID, Mayor O'Malley will have to step down and only comment as a member of the public. The Council discussed Special Events and agreed that they want more events. It was also suggested that the City needs to budget for Special Event assistance. Atascadero City Council January 31/February 1, 2014 Page 4 of 6 ITEM NUMBER: A-1 DATE: 03-11-14 There was Council consensus to direct staff to return with a detailed list of events, including costs, benefits, etc. so that Council can decide which events the City should continue to assist. Some suggestions: • Event Roadmap • Consolidate websites; Visit Atascadero, Chamber, TBID, VCB There was Council consensus to review the current marketing plan and budget. Mayor O'Malley stepped down for the discussion on TOT and to participate in the Public Comment. PUBLIC COMMENT: The following citizens spoke during Public Comment: Jerry Clay, Linda Hendy and Tom O'Malley. Mayor Pro Tem Sturtevant closed the Public Comment period. There was Council consensus to direct staff to check with other cities in the County regarding Air B&B's; what issues could be a problem, such as TOT, business licenses, and how do we determine how many we have. PUBLIC COMMENT: The following citizens spoke during Public Comment: Tom O'Malley, Jerry Clay, and Linda Hendy. Mayor Pro Tem Sturtevant closed the Public Comment period. 2014 — WHAT'S AHEAD: City Manager Rickard listed many of the projects already planned for 2014. Some suggestions: • Create a map of Atascadero with locations of wine tasting sites • Consider Council strategic planning every 3-6 months • Let's start Fire prevention education and plans early this year • Let's talk about grey water and recycling soon Atascadero City Council January 31/February 1, 2014 Page 5 of 6 ITEM NUMBER: A-1 DATE: 03-11-14 ADJOURNMENT: The Council will adjourn to the next Regular Session. Mayor O'Malley adjourned the meeting at 3:57 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager Atascadero City Council January 31/February 1, 2014 Page 6 of 6 ITEM NUMBER: A-2 DATE: 03-11-14 CITY OF A TA SCA DERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, February 25, 2014 6:00 PM City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) REGULAR SESSION — CALL TO ORDER: Mayor O'Malley called the meeting to order at 6:00 p.m. and Pastor Shively led the Pledge of Allegiance. ROLL CALL: Present: Council Members Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley Absent: Council Member Kelley Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, and City Attorney Brian Pierik. /_1aa:191%1K97y_TC1=1 �117_3 MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Fonzi to approve the agenda. Atascadero City Council February 25, 2014 Page 1 of 4 ITEM NUMBER: A-2 DATE: 03-11-14 Motion passed 4:0 by a roll -call vote. PRESENTATIONS: None A. CONSENT CALENDAR: 1. City Council Draft Action Minutes — January 28, 2014 ■ Recommendation: Council approve the City Council Draft Action Minutes of January 28, 2014. [City Clerk] 2. Highway 41 Multi -Purpose Path Project Design Award (Contract for Professional Services) ■ Fiscal Impact: The Highway 41 Multi -Purpose Class I Path Project contract is funded by State Transportation Improvement and Transportation Enhancement Grants that were appropriated within the 2013-2015 City budget. ■ Recommendation: Council authorize the City Manager to execute a contract with North Coast Engineering, Incorporated for the design of the Highway 41 Multi -Purpose Class I bike and pedestrian path improvements, along Atascadero Creek from Portola Road to San Gabriel Road, for an amount not to exceed $84,807. [Public Works] MOTION: By Council Member Moreno and seconded by Mayor Pro Tem Sturtevant to approve the Consent Calendar. Motion passed 4:0 by a roll -call vote. (Contract No. 2014-003) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizen spoke during Community Forum: Pastor Shively. Mayor O'Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None Atascadero City Council February 25, 2014 Page 2 of 4 ITEM NUMBER: A-2 DATE: 03-11-14 C. MANAGEMENT REPORTS: 1. Opposition to Inclusion of Properties Overlying the Atascadero Sub - Basin from the Boundaries of a Regulatory Water District for the Paso Robles Groundwater Basin ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution stating that the City of Atascadero opposes the inclusion of properties overlying the Atascadero Sub -Basin from the boundaries of a regulatory Water District for the Paso Robles Groundwater Basin. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem Sturtevant and seconded by Mayor O'Malley to approve Draft Resolution stating that the City of Atascadero opposes the inclusion of properties overlying the Atascadero Sub -Basin from the boundaries of a regulatory Water District for the Paso Robles Groundwater Basin. Motion passed 3:1 by a roll -call vote. (Fonzi opposed) (Resolution No. 2014-004) 2. Road Report — Oral Report ■ Fiscal Impact: None ■ Recommendation: Council receive oral report. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizen spoke on this item: Jonalee Istenes (Exhibit A). Mayor O'Malley closed the Public Comment period. Council received the oral report. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Fonzi asked Mayor O'Malley to write a letter of support to Assemblyman Achadjian regarding Assembly Bill 2498. Atascadero City Council February 25, 2014 Page 3 of 4 ITEM NUMBER: A-2 DATE: 03-11-14 Mayor O'Malley agreed and there was Council consensus to have the Mayor write a letter of support. D. COMMITTEE REPORTS: Mayor O'Malley 1. County Mayors Round Table — Their main topic of discussion was water. 2. Integrated Waste Management Authority (IWMA) — Meeting tomorrow. 3. SLO Council of Governments (SLOCOG) — Discussing future competition between cities within the County and COGS within the State. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor O'Malley adjourned the meeting at 7:38 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A — Jonalee Istenes - handout Atascadero City Council February 25, 2014 Page 4 of 4 ITEM NUMBER: A-3 DATE: 03-11-14 Atascader® City Council Staff Report - Administrative Services Department January 2014 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for January 2014. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 1/02/14 Dated 1/16/14 Dated 1/30/14 Accounts Payable Dated 1/01/14 - 1/31/14 FISCAL IMPACT: Checks # 30898 - 30929 Direct Deposits Checks # 30930 - 30956 Direct Deposits Checks # 30957 - 30989 Direct Deposits Checks # 139920 - 140237 & EFTs 1498 - 1527 TOTAL AMOUNT Total expenditures for all funds is 25,504.50 257,926.07 15,420.23 261, 580.50 17,945.15 243,775.92 1,588,543.73 $ 2,410,696.10 $ 2,410,696.10 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. i e i Ran el, Directcf Administrative Services ATTACHMENT: January 2014 Eden Warrant Register in the amount of $ 1,588,543.73 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 1498 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 35,424.68 1499 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 55,017.08 1500 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 400.29 1501 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 1,486.53 1502 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 864.82 1503 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 1,028.74 1504 01/03/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 1,661.21 1505 01/03/2014 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61 139920 01/03/2014 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 139921 01/03/2014 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,271.75 139922 01/03/2014 ATASCADERO PROF. FIREFIGHTERS Payroll Vendor Payment 720.00 139923 01/03/2014 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 2,038.78 139924 01/03/2014 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,482.69 139925 01/03/2014 CHAD KELLER, JR Accounts Payable Check 8.84 139926 01/03/2014 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,003.55 139927 01/03/2014 SEIU LOCAL 620 Payroll Vendor Payment 783.26 139928 01/03/2014 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 288.29 139929 01/03/2014 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,669.17 139930 01/06/2014 KAREN B. WYKE Accounts Payable Check 369.90 1506 01/07/2014 RABOBANK, N.A. Payroll Vendor Payment 57,324.00 1507 01/07/2014 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 15,889.61 1508 01/07/2014 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,025.12 139931 01/11/2014 MATTHEW R. AANERUD Accounts Payable Check 66.00 139932 01/11/2014 ADDICTION MEDICINE CONSULTANTS Accounts Payable Check 600.00 139933 01/11/2014 KEITH AGGSON Accounts Payable Check 108.00 139934 01/11/2014 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 346.00 139935 01/11/2014 AMERICAN WEST TIRE & AUTO INC Accounts Payable Check 4,601.25 139936 01/11/2014 AT&T Accounts Payable Check 935.13 139937 01/11/2014 AT&T Accounts Payable Check 766.18 139938 01/11/2014 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 35,546.00 139939 01/11/2014 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 50.00 139941 01/11/2014 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 9,974.50 139942 01/11/2014 ATASCADERO RUBBER STAMP CO Accounts Payable Check 222.15 139943 01/11/2014 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 660.00 139944 01/11/2014 DAVID ATHEY Accounts Payable Check 1,600.00 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 139945 01/11/2014 BACKFLOW APPARATUS & VALVE CO. Accounts Payable Check 167.03 139946 01/11/2014 BAUER COMPRESSORS Accounts Payable Check 112.03 139947 01/11/2014 TOM BIRKENFELD Accounts Payable Check 108.00 139948 01/11/2014 JUSTIN BLACK Accounts Payable Check 145.00 139949 01/11/2014 BLUEPRINTER Accounts Payable Check 324.00 139950 01/11/2014 BOLLINGER INSURANCE SOLUTIONS Accounts Payable Check 300.00 139951 01/11/2014 BRUMIT DIESEL, INC. Accounts Payable Check 31.98 139952 01/11/2014 SHIRLEY R. BRUTON Accounts Payable Check 146.40 139953 01/11/2014 CASEY BRYSON Accounts Payable Check 108.00 139954 01/11/2014 BURT INDUSTRIAL SUPPLY Accounts Payable Check 313.20 139955 01/11/2014 CA BUILDING OFFICIALS Accounts Payable Check 495.00 139956 01/11/2014 CAL FIRE/SLO CO FIRE Accounts Payable Check 90.00 139957 01/11/2014 CALPORTLAND COMPANY Accounts Payable Check 326.06 139958 01/11/2014 CCMF Accounts Payable Check 130.00 139959 01/11/2014 CED CONSOLIDATED ELECTRICAL Accounts Payable Check 232.09 139960 01/11/2014 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 2,782.78 139963 01/11/2014 CHARTER COMMUNICATIONS Accounts Payable Check 2,886.73 139964 01/11/2014 CHEVRON & TEXACO BUS. CARD Accounts Payable Check 587.61 139965 01/11/2014 CITY OFATASCADERO Accounts Payable Check 1,153.25 139966 01/11/2014 CLEARS, INC. Accounts Payable Check 50.00 139967 01/11/2014 COAST LINE DISTRIBUTING Accounts Payable Check 68.52 139968 01/11/2014 COASTAL COPY, LP Accounts Payable Check 1,032.27 139969 01/11/2014 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 101.59 139970 01/11/2014 SUSANNE E. CONRAD Accounts Payable Check 45.00 139971 01/11/2014 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 436.00 139972 01/11/2014 CPS HR CONSULTING Accounts Payable Check 839.30 139973 01/11/2014 CRYSTAL SPRINGS WATER Accounts Payable Check 59.35 139974 01/11/2014 CULLIGAN/CENTRAL COAST WTR TRT Accounts Payable Check 70.00 139975 01/11/2014 MATTHEW J. CURRY Accounts Payable Check 240.00 139976 01/11/2014 DARRYUS LOCK AND SAFE Accounts Payable Check 58.05 139977 01/11/2014 DEPARTMENT OF FORESTRY & FIRE Accounts Payable Check 5,187.42 139978 01/11/2014 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,191.50 139979 01/11/2014 DIVISION OF STATE ARCHITECT Accounts Payable Check 345.30 139980 01/11/2014 VOID Accounts Payable Check 0.00 139981 01/11/2014 DRIVE CUSTOMS Accounts Payable Check 2,852.20 139982 01/11/2014 EARTH SYSTEMS PACIFIC Accounts Payable Check 1,554.00 139983 01/11/2014 ELECTRONIC GATE SYSTEMS, INC. Accounts Payable Check 320.06 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 139984 01/11/2014 FERRELL'SAUTO REPAIR Accounts Payable Check 906.57 139985 01/11/2014 FGL ENVIRONMENTAL Accounts Payable Check 664.00 139986 01/11/2014 CANDYCE FINLEY Accounts Payable Check 60.00 139987 01/11/2014 WARREN FRACE Accounts Payable Check 300.00 139988 01/11/2014 GAS COMPANY Accounts Payable Check 1,553.20 139989 01/11/2014 GEM AUTO PARTS Accounts Payable Check 736.00 139990 01/11/2014 GREEN TRADING USA Accounts Payable Check 141.01 139991 01/11/2014 GSA- INFORMATION TECHNOLOGY Accounts Payable Check 532.34 139992 01/11/2014 SCOTT HALLETT Accounts Payable Check 108.00 139993 01/11/2014 RALPH DOUGLAS HARBOTTLE Accounts Payable Check 1,274.00 139994 01/11/2014 HART IMPRESSIONS PRINT & COPY Accounts Payable Check 686.82 139995 01/11/2014 MEG HOLROYD Accounts Payable Check 1,000.00 139998 01/11/2014 HOME DEPOT CREDIT SERVICES Accounts Payable Check 5,030.43 139999 01/11/2014 LYNDA HOREJSI Accounts Payable Check 646.30 140000 01/11/2014 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 459.38 140001 01/11/2014 ZACHARIAH JACKSON Accounts Payable Check 81.00 140002 01/11/2014 CAROL D. JANSSEN Accounts Payable Check 251.40 140003 01/11/2014 JIFFY LUBE Accounts Payable Check 116.80 140004 01/11/2014 K & M INTERNATIONAL Accounts Payable Check 217.73 140005 01/11/2014 KNUCKLEHEAD GRAPHICS Accounts Payable Check 79.88 140006 01/11/2014 KRITZ EXCAVATING & TRUCKNG INC Accounts Payable Check 13,879.50 140007 01/11/2014 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 9,534.00 140008 01/11/2014 THOMAS LITTLE Accounts Payable Check 108.00 140009 01/11/2014 ANDREW LUERA Accounts Payable Check 108.00 140010 01/11/2014 MANUEL MADRIGAL Accounts Payable Check 157.07 140011 01/11/2014 MADRONE LANDSCAPES, INC. Accounts Payable Check 6,548.26 140012 01/11/2014 ANNETTE MANIER Accounts Payable Check 18.19 140013 01/11/2014 MICHAEL K. NUNLEY & ASSC, INC. Accounts Payable Check 4,582.50 140014 01/11/2014 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 2,560.00 140015 01/11/2014 MINER'S ACE HARDWARE Accounts Payable Check 176.87 140016 01/11/2014 MATTHEW J. MIRANDA Accounts Payable Check 108.00 140017 01/11/2014 MISSION UNIFORM SERVICE Accounts Payable Check 122.34 140018 01/11/2014 REON C MONSON Accounts Payable Check 144.00 140019 01/11/2014 MOUNTAIN CORPORATION Accounts Payable Check 327.16 140020 01/11/2014 PAUL NETZ Accounts Payable Check 108.00 140021 01/11/2014 ROBERT F. NEUMANN Accounts Payable Check 317.34 140022 01/11/2014 NORTH COAST ENGINEERING INC. Accounts Payable Check 199.50 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140023 01/11/2014 NORTHERN ENERGY Accounts Payable Check 1,160.21 140024 01/11/2014 OFFICE DEPOT INC. Accounts Payable Check 1,569.76 140025 01/11/2014 ONTRAC Accounts Payable Check 16.05 140026 01/11/2014 TARAORLICK Accounts Payable Check 47.46 140028 01/11/2014 PACIFIC GAS AND ELECTRIC Accounts Payable Check 22,108.99 140029 01/11/2014 PARADISE COALITION, INC. Accounts Payable Check 671.10 140030 01/11/2014 DEAN PERICIC Accounts Payable Check 108.00 140031 01/11/2014 PERRY'S ELECTRIC MOTORS & CTRL Accounts Payable Check 6,284.92 140032 01/11/2014 TOM PETERSON Accounts Payable Check 108.00 140033 01/11/2014 PETTY CASH-FIRE DEPARTMENT Accounts Payable Check 111.72 140034 01/11/2014 PRO SOUND CA, INC. Accounts Payable Check 7,768.19 140035 01/11/2014 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 154.65 140036 01/11/2014 RADIO SHACK CORPORATION Accounts Payable Check 19.34 140037 01/11/2014 JERI RANGEL Accounts Payable Check 300.00 140038 01/11/2014 RECOGNITION WORKS Accounts Payable Check 254.78 140039 01/11/2014 BRIGID RICKARD Accounts Payable Check 8.60 140040 01/11/2014 RACHELLE RICKARD Accounts Payable Check 500.00 140041 01/11/2014 BRANDON ROBERTS Accounts Payable Check 72.00 140042 01/11/2014 CHRISTOPHER R. ROBINSON Accounts Payable Check 108.00 140043 01/11/2014 ERIN RUSSELL Accounts Payable Check 489.38 140044 01/11/2014 SAFETY DRIVERS ED., LLC. Accounts Payable Check 34.30 140045 01/11/2014 SCOTT SATTERTHWAITE Accounts Payable Check 108.00 140046 01/11/2014 SHELL Accounts Payable Check 1,308.33 140047 01/11/2014 SIMS FIRE PROTECTION, INC. Accounts Payable Check 1,020.00 140048 01/11/2014 SLO COUNTY HEALTH AGENCY Accounts Payable Check 57,364.75 140049 01/11/2014 SLO COUNTY SHERIFF'S OFFICE Accounts Payable Check 4,908.29 140050 01/11/2014 JASON SMITH Accounts Payable Check 108.00 140051 01/11/2014 SPECIALTY GEAR & TRANSMISSION Accounts Payable Check 2,425.13 140052 01/11/2014 STANLEY CONVERGENT SECURITY Accounts Payable Check 520.58 140053 01/11/2014 STAPLES CREDIT PLAN Accounts Payable Check 512.28 140054 01/11/2014 STATE WATER RES CONTROL BOARD Accounts Payable Check 440.00 140055 01/11/2014 STATE WATER RES CONTROL BOARD Accounts Payable Check 180.00 140056 01/11/2014 MICHAEL STORNETTA Accounts Payable Check 108.00 140057 01/11/2014 SUN BADGE COMPANY Accounts Payable Check 64.90 140058 01/11/2014 SUNLIGHT JANITORIAL Accounts Payable Check 1,011.00 140059 01/11/2014 RUSS THOMPSON Accounts Payable Check 300.00 140060 01/11/2014 TURF STAR, INC. Accounts Payable Check 55,175.27 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140061 01/11/2014 ULTREX BUSINESS PRODUCTS Accounts Payable Check 452.39 140062 01/11/2014 UNITED STAFFING ASSC., INC. Accounts Payable Check 2,376.00 140063 01/11/2014 V. LOPEZ JR. & SONS G.E.C. INC Accounts Payable Check 48,737.26 140064 01/11/2014 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 4,422.80 140065 01/11/2014 VERIZON WIRELESS Accounts Payable Check 1,878.34 140066 01/11/2014 VIBORG SAND & GRAVEL, INC. Accounts Payable Check 58,096.00 140067 01/11/2014 MATT VIERRA Accounts Payable Check 108.00 140068 01/11/2014 WALLACE GROUP Accounts Payable Check 20,144.80 140069 01/11/2014 WEST COAST AUTO & TOWING, INC. Accounts Payable Check 70.00 140070 01/11/2014 BRIAN WESTERMAN Accounts Payable Check 108.00 140071 01/11/2014 WESTERN JANITOR SUPPLY Accounts Payable Check 253.40 140072 01/11/2014 WHITAKER CONSTRUCTION GROUP Accounts Payable Check 4,270.63 140073 01/11/2014 WILLIAM P. WHITE Accounts Payable Check 108.00 140074 01/11/2014 SUSAN M. WILLIAMS Accounts Payable Check 41.53 140075 01/11/2014 WULFING'S BACKGROUND & POLYGR Accounts Payable Check 1,000.00 140076 01/11/2014 KAREN B. WYKE Accounts Payable Check 215.10 140077 01/11/2014 WYSONG CONSTRUCTION CO. Accounts Payable Check 22,823.00 140078 01/11/2014 YESTERDAYS SPORTSWEAR Accounts Payable Check 801.68 1509 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 38,139.93 1510 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 72,073.86 1511 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 392.61 1512 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 2,430.65 1513 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 551.83 1514 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 1,798.86 1515 01/17/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 1,818.53 1516 01/17/2014 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61 1517 01/17/2014 RABOBANK, N.A. Payroll Vendor Payment 54,465.84 140079 01/17/2014 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 140080 01/17/2014 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,229.50 140081 01/17/2014 ATASCADERO PROF. FIREFIGHTERS Payroll Vendor Payment 720.00 140082 01/17/2014 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 1,872.11 140083 01/17/2014 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 135.00 140084 01/17/2014 HARTFORD LIFE INSURANCE Payroll Vendor Payment 11,682.69 140085 01/17/2014 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 565.96 140086 01/17/2014 SEIU LOCAL 620 Payroll Vendor Payment 796.63 140087 01/17/2014 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 288.29 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140088 01/17/2014 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,669.17 140089 01/17/2014 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 2,712.01 140090 01/17/2014 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 129,927.71 140091 01/17/2014 LINCOLN NATIONAL LIFE INS CO Payroll Vendor Payment 870.52 140092 01/17/2014 MEDICAL EYE SERVICES Payroll Vendor Payment 1,656.56 140093 01/17/2014 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 9,803.99 140094 01/17/2014 PRO SOUND CA, INC. Accounts Payable Check 7,109.44 140095 01/17/2014 U.S. POSTAL SERVICE(CMRS-FP) Accounts Payable Check 5,000.00 140096 01/17/2014 WEX BANK - 76 UNIVERSL Accounts Payable Check 14,173.62 1518 01/21/2014 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 14,628.61 1519 01/21/2014 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,089.72 140097 01/25/2014 A & R CONSTRUCTION Accounts Payable Check 2,636.00 140098 01/25/2014 ACCURATE MAILING SERVICE Accounts Payable Check 137.27 140099 01/25/2014 AGP VIDEO, INC. Accounts Payable Check 1,927.50 140100 01/25/2014 TREVOR R. AGUILAR Accounts Payable Check 60.00 140101 01/25/2014 AMERICAN ASPHALT SOUTH, INC. Accounts Payable Check 6,732.27 140102 01/25/2014 AMERICAN SOCCER COMPANY, INC. Accounts Payable Check 5,318.79 140103 01/25/2014 AMERICAN WEST TIRE & AUTO INC Accounts Payable Check 1,391.17 140104 01/25/2014 ANTECH DIAGNOSTICS Accounts Payable Check 175.15 140108 01/25/2014 AT&T Accounts Payable Check 1,836.69 140109 01/25/2014 AT&T Accounts Payable Check 340.10 140110 01/25/2014 ATASCADERO 101 ASSOCIATES Accounts Payable Check 5,860.37 140111 01/25/2014 ATASCADERO HAY & FEED Accounts Payable Check 2,123.00 140112 01/25/2014 ATASCADERO LOAVES & FISHES Accounts Payable Check 7,800.00 140113 01/25/2014 DAV IDATHEY Accounts Payable Check 65.00 140114 01/25/2014 LAUREN E. AUSTIN Accounts Payable Check 24.00 140115 01/25/2014 MELODY S. AYERS Accounts Payable Check 24.00 140116 01/25/2014 AUDREY BANKS Accounts Payable Check 280.35 140117 01/25/2014 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 333.47 140118 01/25/2014 BERRY MAN, INC. Accounts Payable Check 1,412.55 140119 01/25/2014 NICHOLAS P. BOONISAR Accounts Payable Check 36.00 140120 01/25/2014 GREGORY A. BRAZZI Accounts Payable Check 60.00 140121 01/25/2014 CASEY BRYSON Accounts Payable Check 180.00 140122 01/25/2014 C & H CYCLES Accounts Payable Check 248.76 140123 01/25/2014 CA CODE CHECK, INC. Accounts Payable Check 7,064.20 140124 01/25/2014 KATE CAPELA Accounts Payable Check 13.11 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140125 01/25/2014 CITY OF PASO ROBLES Accounts Payable Check 4,932.00 140126 01/25/2014 CJAA Accounts Payable Check 40.00 140127 01/25/2014 MARIANNE CLARKE Accounts Payable Check 77.00 140128 01/25/2014 COAST NITELITES Accounts Payable Check 4,350.00 140129 01/25/2014 CORELOGIC SOLUTIONS, LLC. Accounts Payable Check 110.00 140130 01/25/2014 CRITICAL REACH, INC. Accounts Payable Check 265.00 140131 01/25/2014 CRYSTAL SPRINGS WATER Accounts Payable Check 163.30 140132 01/25/2014 DARRYUS LOCK AND SAFE Accounts Payable Check 25.80 140133 01/25/2014 DEPARTMENT OF JUSTICE Accounts Payable Check 1,261.00 140134 01/25/2014 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 2,432.40 140135 01/25/2014 DFM ASSOCIATES Accounts Payable Check 53.75 140136 01/25/2014 CHARLES DICKEY Accounts Payable Check 78.00 140137 01/25/2014 DISH Accounts Payable Check 104.00 140138 01/25/2014 DIVERSIFIED PROJECT SERVICES Accounts Payable Check 3,805.00 140139 01/25/2014 DOCUTEAM Accounts Payable Check 107.88 140140 01/25/2014 JORDON T. DONOVAN Accounts Payable Check 24.00 140141 01/25/2014 EL CAMINO VETERINARY HOSP Accounts Payable Check 1,376.21 140142 01/25/2014 BRANDON S. ERICKSON Accounts Payable Check 26.00 140143 01/25/2014 ESCUELA DEL RIO Accounts Payable Check 240.00 140144 01/25/2014 FERRELL'SAUTO REPAIR Accounts Payable Check 176.80 140145 01/25/2014 FLYMEAT.COM Accounts Payable Check 41.95 140146 01/25/2014 FOOD FOR LESS Accounts Payable Check 439.50 140147 01/25/2014 FREEDOM STREET RODS Accounts Payable Check 95.95 140148 01/25/2014 GARRY BRILL PRODUCTIONS Accounts Payable Check 150.00 140149 01/25/2014 GAS COMPANY Accounts Payable Check 44.56 140150 01/25/2014 GEM AUTO PARTS Accounts Payable Check 128.70 140151 01/25/2014 ALEX GENTILLY Accounts Payable Check 180.00 140152 01/25/2014 NATHAN B. GOOSSENS Accounts Payable Check 56.00 140153 01/25/2014 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 27,103.87 140154 01/25/2014 HART IMPRESSIONS PRINT & COPY Accounts Payable Check 378.19 140155 01/25/2014 HAYWARD POLICE DEPARTMENT Accounts Payable Check 194.00 140156 01/25/2014 ETHAN L. HICKS Accounts Payable Check 60.00 140157 01/25/2014 HOME DEPOT USA, INC. Accounts Payable Check 8,283.00 140158 01/25/2014 HOPSCOTCH PRESS, INC. Accounts Payable Check 750.00 140159 01/25/2014 INGLIS PET HOTEL Accounts Payable Check 2,500.00 140160 01/25/2014 THE INK CO. Accounts Payable Check 117.18 140161 01/25/2014 INTLASSC. OF CHIEFS OF POLICE Accounts Payable Check 120.00 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140162 01/25/2014 ZACHARIAH JACKSON Accounts Payable Check 26.00 140163 01/25/2014 JOE A. GONSALVES & SON Accounts Payable Check 3,000.00 140164 01/25/2014 CHRIS KINDIG Accounts Payable Check 230.00 140165 01/25/2014 WILLIAM T. KNUCKLES Accounts Payable Check 15.00 140166 01/25/2014 LAUTZENHISER'S STATIONARY Accounts Payable Check 1,394.21 140167 01/25/2014 LAYNE LABORATORIES, INC. Accounts Payable Check 738.96 140168 01/25/2014 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 100.00 140169 01/25/2014 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 35.00 140170 01/25/2014 ZACHARIAH M. LINDSAY Accounts Payable Check 70.00 140171 01/25/2014 THOMAS LITTLE Accounts Payable Check 933.39 140172 01/25/2014 MADRONE LANDSCAPES, INC. Accounts Payable Check 6,887.00 140173 01/25/2014 ANNETTE MANIER Accounts Payable Check 16.88 140174 01/25/2014 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 36,415.00 140175 01/25/2014 MID -COAST MOWER & SAW, INC. Accounts Payable Check 30.10 140176 01/25/2014 MINER'S ACE HARDWARE Accounts Payable Check 543.83 140177 01/25/2014 MISSION UNIFORM SERVICE Accounts Payable Check 203.38 140178 01/25/2014 MJ BERTACCINI & ASSOCIATES Accounts Payable Check 2,065.00 140179 01/25/2014 DAVE MUEHLHAUSEN Accounts Payable Check 18.85 140180 01/25/2014 MWI VETERINARY SUPPLY CO. Accounts Payable Check 92.57 140181 01/25/2014 KYLE NAKAZAWA Accounts Payable Check 180.00 140182 01/25/2014 NORTH COAST ENGINEERING INC. Accounts Payable Check 20,073.50 140183 01/25/2014 RYAN J. O'CONNELL Accounts Payable Check 65.00 140184 01/25/2014 OFFICE DEPOT INC. Accounts Payable Check 85.25 140185 01/25/2014 PACIFIC GAS AND ELECTRIC Accounts Payable Check 15,296.20 140186 01/25/2014 PASO ROBLES NEWSPAPERS Accounts Payable Check 199.00 140187 01/25/2014 MICHAEL G. PERRY Accounts Payable Check 22.00 140188 01/25/2014 PERRY'S PARCEL & GIFT Accounts Payable Check 43.09 140189 01/25/2014 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 256.58 140190 01/25/2014 RECOGNITION WORKS Accounts Payable Check 7.96 140191 01/25/2014 REID PARK ZOO Accounts Payable Check 188.50 140192 01/25/2014 BRANDON ROBERTS Accounts Payable Check 180.00 140193 01/25/2014 SAN LUIS PERSONNEL INC. Accounts Payable Check 734.40 140194 01/25/2014 SANTA MONICA SEAFOOD Accounts Payable Check 736.30 140195 01/25/2014 SCOTT SATTERTHWAITE Accounts Payable Check 252.00 140196 01/25/2014 DIEGO SEGOVIA Accounts Payable Check 128.00 140197 01/25/2014 SLO COUNTY NEWSPAPERS -TRIBUNE Accounts Payable Check 550.00 140198 01/25/2014 SO. CALIF. MUNICIPAL ATHLETIC Accounts Payable Check 140.00 ITEM NUMBER: A-3 City of Atascadero DATE: 03-11-14 Disbursement Listing ATTACHMENT: 1 For the Month of January 2014 Check Check Number Date Vendor Description Amount 140199 01/25/2014 SPECIALTY GEAR & TRANSMISSION Accounts Payable Check 2,800.00 140200 01/25/2014 STANLEY CONVERGENT SECURITY Accounts Payable Check 2,102.38 140201 01/25/2014 STAPLES CREDIT PLAN Accounts Payable Check 828.76 140204 01/25/2014 STATE BOARD OF EQUALIZATION Accounts Payable Check 11,970.00 140205 01/25/2014 STATE WATER RES CONTROL BOARD Accounts Payable Check 140.00 140206 01/25/2014 MICHAEL STORNETTA Accounts Payable Check 144.00 140207 01/25/2014 SUNLIGHT JANITORIAL Accounts Payable Check 517.50 140208 01/25/2014 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 100.00 140209 01/25/2014 TANKS A LOT HYDRO Accounts Payable Check 42.17 140210 01/25/2014 TEMPLETON UNIFORMS Accounts Payable Check 85.88 140211 01/25/2014 TEXAS REFINERY CORP. Accounts Payable Check 1,420.72 140212 01/25/2014 STEVE TIROTTA Accounts Payable Check 129.59 140213 01/25/2014 MARCIATORGERSON Accounts Payable Check 676.36 140214 01/25/2014 TYLER TECHNOLOGIES, INC. Accounts Payable Check 15,426.68 140218 01/25/2014 U.S. BANK Accounts Payable Check 19,736.17 140219 01/25/2014 UNION BANK, N.A. Accounts Payable Check 2,569.00 140220 01/25/2014 UNITED STAFFING ASSC., INC. Accounts Payable Check 2,376.00 140221 01/25/2014 SABRINAT. VAN BEEK Accounts Payable Check 20.00 140222 01/25/2014 VANDENBERG INTERAGENCY Accounts Payable Check 600.00 140223 01/25/2014 VERIZON WIRELESS Accounts Payable Check 194.40 140224 01/25/2014 MATT VIERRA Accounts Payable Check 742.99 140225 01/25/2014 WALLACE GROUP Accounts Payable Check 23,036.43 140226 01/25/2014 NANCY E. WEBBER, PH.D. Accounts Payable Check 400.00 140227 01/25/2014 BRANDON J. WELLS Accounts Payable Check 36.00 140228 01/25/2014 BRIAN WESTERMAN Accounts Payable Check 580.18 140229 01/25/2014 WESTERN JANITOR SUPPLY Accounts Payable Check 57.40 140230 01/25/2014 WHITAKER CONSTRUCTION GROUP Accounts Payable Check 152,991.29 140231 01/25/2014 WHITLOCK & WEINBERGER TRANS. Accounts Payable Check 2,035.00 140232 01/30/2014 ATASCADERO PROF. FIREFIGHTERS Payroll Vendor Payment 720.00 140233 01/30/2014 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,482.69 140234 01/30/2014 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 710.79 140235 01/30/2014 SEIU LOCAL 620 Payroll Vendor Payment 771.50 140236 01/30/2014 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 288.29 140237 01/30/2014 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,840.00 1520 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 35,673.05 1521 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 55,920.22 City of Atascadero Disbursement Listing ITEM NUMBER: A-3 DATE: 03-11-14 ATTACHMENT: 1 Description Amount For the Month of January 2014 Check Check 1,486.53 Number Date Vendor 1522 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP 1523 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP 1524 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP 1525 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP 1526 01/31/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP 1527 01/31/2014 STATE DISBURSEMENT UNIT ITEM NUMBER: A-3 DATE: 03-11-14 ATTACHMENT: 1 Description Amount Payroll Vendor Payment 392.61 Payroll Vendor Payment 1,486.53 Payroll Vendor Payment 715.41 Payroll Vendor Payment 1,028.74 Payroll Vendor Payment 1,820.05 Payroll Vendor Payment 874.61 $ 1,588,543.73 Atascadero City Council Staff Report — Public Works Department ITEM NUMBER: A-4 DATE: 03-11-14 Appropriation of Funds for Vehicle Replacement RECOMMENDATIONS: Council: 1. Authorize the Administrative Services Director to appropriate $41,500.00 in Vehicle Replacement Funds for the purchase of two replacement Field Operations trucks; and, 2. Authorize the purchase from the State Contract Bid Vendor (Downtown Ford Sales, Sacramento) for two 2015 Ford F250 pick-up trucks in the amount of $40,670.95. DISCUSSION: In 1990, the City purchased a one-half ton pick-up truck (Vehicle #220) and a one -ton pick-up truck (Vehicle #223) for use in Public Works Operations. The vehicles have been in service for over 24 -years. These vehicles are well past their anticipated service lives and are now showing signs of needing significant mechanical replacements to continue to operate effectively. Each year the Public Works Department sets aside monies in the Vehicle Replacement Fund for the eventual replacement of all their vehicles as they wear out. Staff has been effective in performing routine maintenance on all of the vehicles and many times keeps vehicles in service well after their projected replacement year. However the subject vehicles are now beyond the point where routine maintenance can extend their service life. Staff is recommending the purchase of replacement vehicles from the State Contract Approved Vendor for this type of vehicle. This vehicle purchasing clearinghouse allows the City to benefit from the collective buying power of the State of California combined with other public agencies throughout the State for a variety of standard vehicles. In the ITEM NUMBER: A-4 DATE: 03-11-14 absence of a new car dealership within the City limits, Staff is recommending the purchase be made through the State system. The proposed vehicles are two -wheel drive three-quarter ton trucks with regular cabs that are functionally equivalent to the trucks being replaced. The current vehicles are fully depreciated and funding is available for replacement. Approximately $41,590 has been programmed in the Vehicle Replacement Fund for these two vehicles. Truck replacement will not be necessary for several years after this purchase allowing time for the funds for depreciated replacement to replenish. This purchase will replace two 24 -year old service vehicles, and will avoid significant vehicle operation and maintenance expenditures. FISCAL IMPACT: The total fiscal impact is the appropriation of $41,500.00 in Vehicle Replacement Funds. This purchase will consist of the vehicle purchase, sales tax, documentation fees, tire fees, delivery charges, City logo installation, and safety equipment outfitting (fire extinguisher and safety lights). ALTERNATIVES: 1. The City Council may direct staff to bring back additional information for their review. 2. The City Council may decide not to approve this action. This is not recommended because the current trucks are marginally operational. Continued use of these vehicles would require a substantial investment in 24 -year old trucks. ATTACHMENTS: None Atascadero City Council Staff Report — Public Works Department ITEM NUMBER: A-5 DATE: 03-11-14 Subdivision Improvement Agreement — Estancia Development at Tract 2525 -Phase I (Approval of Subdivision Improvement Agreement) RECOMMENDATION: Council authorize City Manager to execute a Subdivision Improvement Agreement for improvements associated with the Estancia Development at the Las Lomas Subdivision, Tract 2525 -Phase I. DISCUSSION: Tract 2525 -Phase I is part of the Woodridge/Las Lomas subdivision. The subdivision was previously owned by R.W. Hertel and Sons (Hertel). Hertel subsequently went bankrupt and forfeited the property. Estancia LLC purchased a portion of the project and plans to build the remaining homes and complete the subdivision improvements in Phase I. Since the subdivision improvements are not yet complete, Estancia LLC is required to complete the subdivision improvements as the houses are constructed. Therefore, staff has prepared a Subdivision Improvement Agreement, between Estancia LLC and the City, which outlines the developer's responsibilities to construct the remaining subdivision improvements. Estancia has signed the Subdivision Improvement Agreement and has submitted the required financial instruments. Background: The City Council approved the Woodridge/Las Lomas Tract 2525- Phase I Subdivision Final Map in May 2005. A Subdivision Improvement Agreement (SIA) was signed at that time with R.W. Hertel and Sons. A SIA is required for projects where the final map is recorded but the improvements are not yet completed. Hertel subsequently started the improvements but did not finish the improvements before work stopped sometime in 2007. The City is working with the original bonding company and the various new owners of the undeveloped portions of the subdivision to complete the remaining subdivision improvements. ITEM NUMBER: A-5 DATE: 03-11-14 A portion of the project was subsequently purchased by Estancia LLC. Estancia has applied for permits to build the remaining homes in the portion of Tract 2525 Phase I highlighted in the figure below. Estancia has already submitted plans for all the lots and is planning to pull the permits as soon as possible. Figure 1 - Tract 2525 Phase I — Highlighted area contains Estancia Tract 2525- Phase I construction Analysis: Staff and the developer have agreed that the improvements will be completed prior to the final approval for occupancy of the second to last house in the development area. This means that all of the paving, curbs, utilities and survey monuments will be installed prior to the final approval of the last two houses. Staff will condition the permits to insure the improvements are constructed according to the schedule outlined above and in the SIA. FISCAL IMPACT: None. ITEM NUMBER: A-5 DATE: 03-11-14 ALTERNATIVES: The City Council may decide to not authorize the City Manager to sign the Subdivision Improvement Agreement. Staff does not recommend this action since Estancia LLC has submitted the required documents and bonds and is ready to complete the project. ATTACHMENTS: Exhibit A - Subdivision Improvement Agreement and Financial Instruments ITEM NUMBER: A-5 DATE: 03-11-14 Exhibit A Subdivision Improvement Agreement and Financial Instruments NO FEE DOCUMENT Government Code S 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ATASCADERO 6905 El Camino Real, Ste 6 Atascadero, CA 934?2 Attention: City Clerk SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement is made and entered into this -r""-day of —rlM , 20i q by and between the City of Atascadero, a municipal corporation, hereinafter referred to as "City," and 19r*Am*r �� ENS Lc.C. , hereinafter referred to as "Subdividiver." RECITALS A. Subdivider has presented to the City a parcel map or final snap of a proposed subdivision of land located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the City, and the tentative map of the Subdivision previously approved by the City Council. B. The proposed subdivision of land is commonly known and described as Tract 2525-I, and is hereinafter referred to as the "Subdivision" or the "Project." C. Subdivider has requested approval of the parcel map or final map prior to the construction and completion of the public improvements, including, but not limited to streets, highways, public ways, sidewalks, curbs, gutters, storin drainage facilities, street and traffic signal lighting, public utility facilities, median and parkway landscaping and irrigation, design standards which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision, and other public improvements that are required by the Subdivision Map Act, the Subdivision ordinances of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, approved by the City. The foregoing improvements are hereinafter referred to as "the Required Improvements," as further described in Attachment "A NOW, THEREFORE, the parties agree as follows: 1. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider's own expense the Required Improvements as shown on the plans and specifications of the Subdivision, a copy of which is on file in the office of the City Manager, and is incorporated herein by reference, with relevant pages attached, along with any changes or modifications as may be required by the City Manager or the City Manager's designee 9/20106 787223.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A (hereinafter "City Manager") due to errors, omissions, or changes in conditions. The plans and specifications of the Required Improvements may be modified by the Subdivider as the development progresses, subject to the prior written approval of the City Manager. The total estimated cost of the Required Improvements, as determined by the City Manager, is $80344.00. The estimate of cost is outlined in the attached approved Engineer's estimate. 2. Work; Satisfaction of City Manager. All of the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Improvement Standards and Specifications, to the satisfaction of the City Manager. Subdivider shall protect, maintain and repair all work installed by subdivider prior to the acceptance of the Required Improvements, including, but not limited to, signing and striping, activation of all street lighting, traffic signals and irrigation controllers and payment of all energy costs through the warranty period. 3. Injury to Public Improvements. Public Property or Public Utilities Facilities. Subdivider shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or Subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Manager. 4. Inspection by City. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Manager or the City Manager's representative. If the City Manager or the designated representative determine that the work has been completed in accordance with this Agreement, then the City Manager shall recommend the acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and the City Council has taken action to accept the improvements. Subdivider shall bear all costs of plan check, inspection and certification. 5. Subdivider's Obligation to Warn Public During Construction. Until final acceptance of the Required Improvements, Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in said improvements, and will take reasonable actions to protect the public from such dangerous condition. 6. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is perfonning work on the Required hnprovements. In addition, Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and to act for Subdivider. in Subdivider's absence shall 9/2QA)c 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements. 7. Work; Time for Commencement and Performance. Work on the Required Improvements has been commenced by the Subdivider or shall commence on or before the 26"' day of February, 2014, and Work on the Required Improvements shall be completed on or before the 26"' day of February. 2016, or prior to the final of the second to last house owned or sold by the Subdivider, whichever is first; provided, however, that the Required Improvements shall not be deemed to be completed until accepted in writing by the City. 8. Time of Essence: Extension. a. Time is of the essence of this Agreement. The dates for commencement and completion of the Required Improvements may not be extended, except as provided in this paragraph. The City Manager may extend the dates for a maximum of one hundred and eighty (180) days due to delays in the work, actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, or for other reason beyond the control of the Subdivider. Extension of the dates for any other cause or beyond one hundred and eighty (180) days shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Council or City Manager, as appropriate, shall be the sole and final judge as to whether good cause has been shown to entitle the Subdivider to an extension. b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City. C. In the event the City extends the time of commencement and/or completion of the Required huprovements, such extension may be granted without notice by the City to the Subdivider's surety and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time. d. In granting any extension of time, the City may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required hnprovements. 9. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which is not the responsibility of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law. 10. Improvement Security. Concurrently with the execution of this Agreement, the Subdivider shall furnish the City with: 9/20/66 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A a. Faithful. Performance Security. Subdivider shall provide faithful performance security as set forth in the Atascadero Municipal Code section 11-8.14 to secure faithful performance of this Agreement (the "faithful performance' security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Manager. b. Payment Security. Subdivider shall also provide payment security as set forth in the Atascadero Municipal Code section 11-8.14 to secure payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the wort: (the "payment security"). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Manager and shall secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. C. Guarantee and Warranty Security. Subdivider shall also file upon City release of the Faithful Performance and Payment Securities a "guarantee and warranty security" in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as detenmined by the City Manager, to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. d. Monument Security. Subdivider shall also file with this Agreement a "momument security" in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision, as detenmined by the City Manager, which total cost is in the amount of eighteen hundred dollars ($1,800), to guarantee and secure the placement of such monuments. e. All required securities shall be in a form approved by the City Attorney. f. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. These bonds shall be furnished on the forms enclosed following this Agreement and shall be satisfactory to the City. The bonds shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to tune as requested by the City. The premiums for said bonds shall be paid by Subdivider. g. Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as "admitted surety insurers." Bonds must be approved by City. Before approving the proposed surety and in order to assess the sufficiency of the Surety, the Surety shall provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. 9/20/06 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A h. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. i. The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Manager and as provided in paragraph 11. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Subdivider's completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. j. The Attorney -in -Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 11. Release of Security. a. Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City Council. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. b. Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3114), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required hnprovements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney's fees. C. Faithful Performance Security. (1) The faithful perfonnance security shall be released upon final completion and acceptance of the Required Improvements by the City Council and in accordance with Government Code Section 66499.7. Partial release of the faithful performance security shall be approved only as required by, and subject to the conditions and limitations set forth in, Government Code Section 66499.7. (2) If the City approves the partial release of the faithful performance security, the City may accept replacement security at the required reduced level as a substitute for the original security, but the release of the original security shall not be effective until the City Council approves the form and amount of the replacement security. If the partial release is effected through a reduction in the amount of the existing security, the Subdivider shall provide to the 9/_0/06 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A City written acknowledgement by the issuer of the security that the existing security remains in full force and effect at the reduced level. (3) A reduction in perfortnance security under this section is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all of the Required Improvements have been accepted by the City Council and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. d. Monument Security. The monument security may be released upon acceptance of the required monument installation by the City Manager. 12. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed in connection with the construction and inspection of the Required Improvements. These fees must be paid in full prior to the City's acceptance of the Required Improvements. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Subdivider from paying such other applicable fees, charges, and/or costs. 13. Defense, Indemnification and Hold Harmless. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless. City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest through legal counsel reasonably acceptable to the City, from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification and hold harmless provision. The parties intend that this provision shall be broadly construed to effectuate its purpose. 9120/0( 757222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A 14. Enviromnental Warranty. a. Prior to the acceptance of any dedications or improvements by City, Subdivider shall certify and warrant that: neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any envirorunental law. Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance, except in compliance with all applicable enviromnental laws. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of: (i) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and (iii) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any enviromnental law. b. As used in this Agreement, the term "hazardous substance" includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other hannful properties of effects, which is now, or in the future becomes, listed, defined or regulated in any manner by any federal, state, or local City based directly or indirectly upon such properties. 15. Subdivider's Insurance. a. Subdivider Shall Maintain Insurance. Subdivider shall not colrunence any work before obtaining, and shall maintain in force at all times during the duration and perfonnance of this Agreement, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with an A.M. Best rating of no less than A:VII. 9120/06 787222.1 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A b. Subdivider to Provide Evidence of Insurance. Prior to the execution of this Agreement and prior to the commencement of any work, the Subdivider shall furnish to the City, and the City must approve, original certificates of insurance and endorsements effecting coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf. Certificate of insurance and endorsements shall be on standard Accord, Department of Insurance, and Insurance Services Office approved forms or on fon-ns approved by the City. As an alternative to providing the City with approved forms of certificates of insurance and endorsements, the Subdivider may provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by this Section. At any time, at the written request of the City, Subdivider agrees to furnish one or more copies of each required policy including declarations pages, conditions, provisions, endorsements, and exclusions. Such copies shall be certified by an authorized representative of each insurer. C. No Suspension of Insurance. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, terminated by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Deductibles. Any deductibles, or self-insured retentions, exceeding five thousand dollars ($5,000) must be declared to, and approved by, the City. Upon request by the City, Subdivider shall demonstrate financial capability for payment of such deductibles or self- insured retentions. e. Coverages Shall Not Limit Obligations. The requirement as to types, limits, and the City's approval of insurance coverage to be maintained by Subdivider are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement. f. Required Limits. Subdivider and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the term of this Agreement, not less than the following coverage and limits of insurance, which shall be maintained with insurers and under fonns of policy satisfactory to the City. The maintenance of Subdivider and its contractors and subcontractors of the following coverage and limit of insurance is a material element of the Agreement. The failure of Subdivider or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Agreement. g. Workers' Compensation Insurance. Subdivider shall maintain, during the term of this Agreement, Workers' Compensation insurance for all of Subdivider's employees as required by Labor Code section 3700 of the State of California and Employer's Liability Act, including Longshoremen's and Harbor Workers' Act ("Acts"), if applicable. Employer's Liability limits shall not be less than one million dollars ($1,000,000) per occurrence. The Subdivider shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. The insurer shall agree to waive all rights of subrogation 912on)re 767222.1 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A against the City, its officers, officials, and employees for losses arising from work falling within the terms of this Agreement. Subdivider shall indemnify and hold harmless the City for any damage resulting to it, including attorney fees, from failure of either Subdivider or any contractor or subcontractor to take out and maintain such insurance. h. Commercial General Liability Insurance. Subdivider shall maintain during the term of this Agreement such commercial general liability insurance as shall insure the City, its elective and appointive boards and conunissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. The insurance shall include, but not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of Subdivider, any contractor's or subcontractor's operations hereunder, whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The amount of insurance coverage shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) per policy aggregate. As an alternative to the policy (aggregate) the Subdivider may have an aggregate limit of one million dollars ($1,000,000) per occurrence apply. Coverage shall be at least as broad as Insurance Services Office "occurrence form CG 00 01 (ed. 10/01)" covering commercial general liability or its equivalent. L Endorsements. Subdivider shall see that the commercial general liability insurance shall include, or be endorsed to include, the following: (a) Provision or endorsement naming the City of Atascadero, its officers, employees, agents, boards, commissions, and volunteers as Additional Insureds with respect to liability arising out of the performance of any work under this Agreement. (b) Provision or endorsement stating that insurance is Primary insurance with respect to the City, its officers, employees, agents, boards, commissions, and volunteers, to the extent the City is an additional insured. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, boards, commissions, and volunteers shall be excess of the Subdivider's insurance and shall not contribute with it. (c) Provision or endorsement stating that the Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross -liability). (d) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the City, its officers, employees, agents, boards, commissions, and volunteers. 16. Prevailing Wage. In the event it is determined that the Subdivider is required to pay prevailing wages for the work performed under this Agreement, the Subdivider shall pay all penalties and wages as required by applicable law, and hold harmless, defend and indemnify the City for any liability the City may have for penalties and wages as required by applicable law. 17. Title to Re wired Itn rovements. The City shall not accept any real property to be dedicated or the Required Improvements unless they are constructed in conformity with the 9/20/06 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Manager. Until such time as the Required Improvements are accepted by the City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. 18. Revair or Reconstruction of Defective Work. If, within a period of one year atter final acceptance by the City Council of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City. 19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 20. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency; or if Subdivider or any of Subdivider's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Subdivider's default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider's surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default. 21. Breach of Agreement', Performance By Surety or Cit . In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in paragraph 21 has expired without such default having been cured by Subdivider, the City may thereafter deliver a notice of breach to Subdivider's surety, if any, and such surety shall have the duty to take over I/2o/OG 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of the surety's intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider's surety shall be liable to the City for any excess cost or damages incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and necessary therefore. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider's obligations under this Agreement. In addition to any other remedy the City inay have, a breach of this Agreement by the Subdivider shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. If the form of improvement security is other than a bond, the City, after giving notice of breach of the Agreement, may proceed to collect against the improvement security in the manner provided by law and by the ten -ns of the security instrument. 22. Building Permit Sign -Off or Issuance of Certificate of Occupancy. The City will not final or sign off as complete the last building permit for the last lot owned by the Subdivider before the public improvements have to be completed. The City will not sign off as complete, or issue any certificate of occupancy for any building constructed within the Subdivision portions owned, controlled, or previously owned by the Subdivider, until and after such time as the City accepts the public improvements that are required to be built as outlined in this paragraph. 23. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Notices required to be given to Subdivider shall be addressed as follows: Estancia Development, LLC. P.O. Box 13 Pismo Beach, CA 93448 9/20/06 787122.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 24. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. 25. Attorney Fees. In the event any legal action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in addition to any other relief to which it may be entitled. 26. Personal Nature of Subdivider's Obligations/Assigmnent. All of Subdivider's obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement, and Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City. 27. Acquisition and Dedication of Easements or Rights-of-WaX. If any of the Required Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall be commenced before: a. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Required Improvements, or b. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law. Subdivider shall comply in all respects with any such order of possession. Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements. 28. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the perfonnance of the work required by this Agreement, including but not limited to obtaining all applicable pen -nits and licenses. 29. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 30. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City. 31. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to 9120/OG 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. 32. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. A memorandum of this Agreement in the form attached hereto shall be recorded in the Office of the Recorder of San Luis Obispo County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Subdivision. 33. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 34. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of San Luis Obispo, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California. 35, Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral. 36. Modification. This Agreement constitutes the entire Agremetnt of the two parties with respect to the subject matter. All modification, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the City, the appropriate party shall be the City Manager. 9/20/06 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Burke, Williams & Sorensen, LLP SUE Rachelle Rickard, City Manager Title: „E 9/20106 787222.4 11335.1 ACKNOWLEDGMENT State of California ss. County of San Luis Obispo ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A On Qk> }" before me,t�ie�,lei�e�sc1,�4 NA Y +��.1.1a� personally appeared b^,n; e�s ,personally known to em or proved to me on the basis of satisfactory evidence) to be the person(,) whose name(y) Warp subscribed to the within instrument and acknowledged to me that he/slk/tl*y executed the same in his/hesr/tb4ir authorized capacity(ieo), and that by his/her/tfy6ir signature(s) on the instrument the person(!), or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. N.HENSCHEL Commission No. 1996407 U e ^dt NOTARY PUBUC CALIFORNIA SACRAMENTO COUNTY My Comm. Exptros OCTOBER 30, 2016 787222.4 11335. 115 11 NOT RY PUBLIC ITEM NUMBER: A' DATE: 03'1144 EXHIBIT: A a20/m Mn Ln ul ui Lu it g Lu LLI 00 0 Go IT co cl Ln Ell 11 at In El - Z Lei co 0 Qj CPR LL 1 13 In iN2111-� - Lt - Lil CY LL En o OM lwl CL w LLI Ul Lu :c C4. Cl IL j - tn a20/m ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A umdesigngroup Iii creating environments people enjoy" February 4, 2014 f't City of Atascadero Public Work Department c 6907 EI Camino Real Atascadero, CA 93422 Re: Estancia C?D Las Lomas- Tract 2525-1 & Tract 2525-2 MonLlmentation letter To whom it may concern: The property corners for all SFR -3 lots including Lots 60 through 61, 63 through 65, 67 through 69 and 71 through 72 have been set by RRM under a contract agreement with Hertel & Sons (original developer) dLIe to Ed Ramseyer of Ramseyer & Assoc. (surveyor of record) informing the developer that he was not going to set any monuments. According to Our accounting records Hertel & Sons had OLItstanding invoices for surveying services that were not paid at the time the project was stopped and as such RRM discontinued any surveying services on the project. That being said RRM has not recorded a certificate of correction for any monumentation that has been completed. This letter is to inform you that the monumentation bond should be in the amount of $1,800 to cover the cost of setting six (6) centerline monuments along Via Cielo adjacent to Lots 60 through 72 and the filing of a corner record. Sincerely, RRM DESIGN GROUP fIG/�G�Of`� Steven B. Webster, LS 7561 Supervisor of Surveying COMMUNITY 1 PUBLIC SAFETY I RECREATION I EDUCATION I URBAN AROWECTS I EROINEERS I WIDSCAPE ARCHITECTS I PLAIIHERS I SURVEYORS 9120/06 787222.1 11335.1 CO z P, r4 L—N Z LO CQ U2 E- o F-1 I to i 11 , ., ;: :: S 93 9120/06 787222A 11335.1 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A 5 ..,3 Fz I I) i i�?+ I . p. iv� = .. Z,ffi " _2 , M. — 1 .1 L le H. I 411, - it� !-; aff 11 Wfl I ME 1 .1 le H. 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'` � �� / ' \..• a -�__ -:: � �� 'ti': tie/ �� f':Z�S.,K."• �; �� 9/20/(16 787222.4 11335.1 ITEM NUMBER: A-5 DATE: 03'11'14 EXHIBIT: A m20/06 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A tug r atr_ s 1= li fi Bond No 4394663 PERFORMANCE BOND — SUBDIVISION (Public Works) KNOW ALL BY THESE PRESENTS that Estancia Development, LLC PO Box 13 Pismo Beach, CA 93449 as Principal, and SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, Texas 77024 as Surety, are held and firmly bound unto City of Atascadero Department of Public Works 6500 Palma Ave Atascadero, CA 93422 as Obligee in the amount of $80,344.00, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns firmly by these presents. The combined aggregate liability of the Surety shall be limited to the above stated sum, not withstanding anything to the contrary in the below stated Agreement. WHEREAS, Principal has by written agreement dated 02/07/2014 entered into a Subdivision Improvement Agreement (referred to here as "Agreement") with Obligee for the performance of Estancia at Las Lomas, Tract 2525-1 (the Subdivision Improvement Agreement "Work") NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall perform the Work required by the Agreement, then this obligation shall be null and void, otherwise it remains in full force and effect. If there is no Obligee default, the Surety's obligation shall arise after the Obligee has notified the Subdivider and the Surety at the addresses set forth above that the Obligee is considering declaring a Subdivider Default and has requested and attempted to arrange a conference with the Subdivider and the Surety to be held not later than fifteen days after Surety's receipt of such notice to discuss methods of performing the Work to be performed under the Agreement; and if such meeting is not successful, the Obligee has declared a Subdivider Default and formally terminated the Subdivider's right to complete the Agreement Work. Such Subdivider Default shall not be declared earlier than twenty days after the Subdivider and the Surety have received notice as provided above. Whenever Principal shall be, and be properly declared by Obligee to be, in default under the Agreement, the Obligee having performed Obligee's obligations thereunder, the Surety may: (1.) Remedy the default subject to the provisions of paragraph (4.) below; or (2.) Arrange for the continued performance of the Work under the Agreement. (3.) Deny liability in whole or in part and notify the Obligee citing the reasons therefor, in which event Obligee shall be entitled to pursue such remedies as may be available to it at law, subject to the terms and limitations hereof. ITEM NUMBER: A-5 DATE: 03-11-14 (4.) If completed by the Obligee, the Surety shall pay to the Obligee the remdl%ble cost to cdmplete the work under the Agreement, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. As a further condition precedent to coverage under this Bond, Obligee must give Surety the written notice stated above no later than one (1) year from the earliest to occur of the following: (i) the date of any abandonment of the Agreement; or (ii) the date the Principal last performed Work under the Agreement. Any default declared or claim made by the Obligee outside of this timeframe is not covered by this Bond. No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee named herein. By acceptance of this bond, Obligee agrees with Surety and Principal that no suit shall be filed on this bond after two years from earliest date in sections (i) -(ii) of the immediately preceding paragraph, nor may suit be brought other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere; provided, however, if the limitation or period of time to make claims herein are prohibited by any law, then such limitation or period of time shall be deemed to be amended so as to be equal to the minimum period of limitation or notice allowed by such law. The terms and conditions of this Bond shall be binding upon Principal, Obligee, and Surety, and their respective successors and permitted assigns. Obligee may not assign this Bond or any rights hereunder without the express written consent of Surety. Signed and sealed this 7th _day of�ebruary, 2014. Principal: Estancia DWelopmeA LLC Signature: Name Title SureTec Insurance Company Signature: Name : Mi a Melshenker Title : Attorney -in -Fact ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A CIVIL CODE § lia9 State of California County of 50., -tit',s nU%S Rb On C2._lr✓ 10 , U 1`'-t before me, 1\ LzV2 Q"C_�V\A� 0 ", ,e ,,, P'Vv Vk(_ D to Here Insert NamE and Title of the 011ic personally appeared Gr -ns, Name(s) of Sfgner(s) •' ........ N• HENSC� HEL Commission No. 1996407 z z �• NOTARY PUBLIC-CALIFORNIAncli SACRAMENTO COUNTY My Comm. Expires OCTOBER 30, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persono) whose name(,$) is/aye subscribed to the within instrument and acknowledged to me that he/shd/they executed the same in his/hdr/tl dir authorized capacity(i"), and that by his/hqfr/ttAir signature(4 on the instrument the person($), or the entity upon behalf of which the person(4) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — 0 Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: Ci Corporate Officer — Title(s): ❑ Individual ❑ Partner—D' Limited ❑ General Top of thumb here ❑ Attorney in Fact i Trustee i - Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary.arg • 1 -000 -US NOTARY (1-1300-076-6827) Item 55907 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of: County of California Ventura On 2/7/2014 before me, Amanda Benner, Notary Public, personally appeared Mike Melshenker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/6-he/they executed the same in his1her/t-hear authorized capacity(ie-s) and that by his/#eF/th&F signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under PENALTY OF PURJURY under the laws of The State of California that the foregoing paragraph is true and correct. AMANDA L. BENNER Commission # 1900335 ®� Notary Public - California z Santa Barbara County a M Comm. Expires Aug 19, 2014 WITNESS my h OPTIONAL Mil and official seal. blic Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLES(S) ❑PARTNERS ❑LIMITED ❑GENERAL ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ITEM NUMBER: nATF- A-5 Q'1-11_ 9.- Wb515 A POA SureTec Insurance Company LIMITED POWER OF ATTORNEY Knoip All Alen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Mike Melshenker its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Two Million Five Hundred Thousand and 001100 Dollars ($2,500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12131/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vicc-President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and ail notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adapted at a meeting held on 206 of April, 1999.) In Witness Wiereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. SURE, TEC INSURANCE COMPANY wU yuXA •v� °a By: s—T' �w I w i D; John linos J�iPresident State of Texas ss: 7'+. 5 County of Harris••- �'OM1+r+aaim inuip' On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; dial he ]mows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. =JACQUELYNLDONAaOblicxas 511 8120 1 7 Jacquelyn Maldonado, Notary Public My commission expires May 19, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC.INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company ut P. ot:.ston, T.xas this �7� day af� T/ % , A.D. Bre t Beaty, Assistant ecretary Any Instrument Issued in excess of the penalty stated al:lovc is tutaily void a,id without any validity. For verification of the authority of this power you msy call (713) d12-081711 r;ny business day between 8:00 am and 5:00 pm CST. Bond No 4394663 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A C rT� :ddi:l r i, „d,,, ffmy. R .i SUBDIVISION LABOR AND MATERIAL PAYMENT BOND KNOW ALL BY THESE PRESENTS that Estancia Development, LLC PO Box 13 Pismo Beach, CA 93449 as Principal, and SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, Texas 77024 as Surety, are held and firmly bound unto City of Atascadero Department of Public Works 6500 Palma Ave Atascadero, CA 93422 as Obligee in the amount of $40,172.00, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns firmly by these presents. The combined aggregate liability of the Surety shall be limited to the above stated sum, not withstanding anything to the contrary in the below stated Agreement. WHEREAS, Principal has by written agreement dated 02/07/2014 entered into a Subdivision Improvement Agreement (referred to here as "Agreement") with Obligee for the performance of Estancia at Las Lomas, Tract 2525-1 (the Agreement "Work") in connection with the Obligee's Agreement. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all claimants as hereinafter defined for all labor and material used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one, other than the Obligee, having either: (a) a contract with Principal for the furnishing of labor, material, or both, incorporated in work covered by the Agreement, labor and material to include that part of rental of construction equipment directly applicable to the Agreement, or (b) the right to file a mechanic's or materialmen's lien claim or statutory bond claim with respect to Principal's work against Obligee or the real property upon which the Agreement has been performed. (2) The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid by Principal within ninety one (91) days of claimant's furnishing the last of its materials or labor may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant hereunder, and have execution thereon. (3) No suit or action shall be commenced hereunder, nor shall any right of action accrue hereunder: Subcontract Labor & Material Payment Bond — CA Rev 1012006 Page 1 of 2 ITEM NUMBER: A-5 DATE: 03-11-14 (a) Unless claimant shall have given either (i) written notice and a swot - MM@flfnent of its cPBim to Obligee and Surety within 51 days of the date on which the labor or materials for which claim is made are delivered or furnished, stating with substantial accuracy the amount claimed, the dates of delivery or furnishing, and furnishing true and correct copies of all invoices, billings, statements, purchase orders or contracts for such labor or materials; notice to Surety being effective when received in proper form at the address set forth in the first paragraph above, or (ii) shall have taken all steps necessary to perfect a timely and valid mechanic's lien or statutory bond claim against the Obligee or the real property upon which the Agreement has been performed. (b) Unless such suit under this bond is instituted before the expiration of one year from the date on which claimant first gives timely notice of its claim to Surety, but if this provision is prohibited by any law this provision shall be deemed to be amended so as to be equal to the minimum period of limitation allowed by such law. (d) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Signed and sealed th Principal: Estanci Signature: Name : Title is,,;ftZday f February, 2014. �veloLLC SureTec Insurance Company Signature: Name : Mike Melshenker Title : Attorney -in -Fact Subcontract Labor & Material Payment Bond — CA Rev 1012006 Page 2 of 2 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of uA",_5 On x. 10,201`-1 before me, )Qin 1Ia Q u L Odle Here Insert Nai a and Title of the OI . r personally appeared N. HENSF C E Commission No. 1996407 y U c NOTARY PUBLIC -CALIFORNIA SACRAMENTO COUNTY 'y My Comm. Expires OCTOBER 30.2015 Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(q) whose name(g) is/ap6 subscribed to the within instrument and acknowledged to me that he/sfM/thpry executed the same in his/h6r/t1i6ir authorized capacity(igt), and that by his/hqr/th6ir signature(j) on the instrument the person(,F), or the entity upon behalf of which the person(7) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above . ` Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:-SL,�AR\1�Siin, la ru % Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer—Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 11 ❑ Partner --- ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I Other: Signer Is Representing 0 2010 National Notary Association • NalionalNotary.org • 1 -600 -US NOTARY ('1.800.076-6827) Itern #5807 ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of.- County f: County of California Ventura On 2/7/2014 before me, Amanda Benner, Notary Public, personally appeared Mike Melshenker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they} executed the same in his/heF/th& authorized capacity(ies) and that by his/heF/th& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under PENALTY OF PURJURY under the laws of The State of California that the foregoing paragraph is true and correct. AMANDA L. BENNEA Commission # 1900335 (aMx Notary Public - California Dz Santa Barbara County Comm, Expires Au 19.2014 WITNESS my Signature or N OPTIONAL d and official sea[. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLES(S) ❑PARTNERS ❑LIMITED ❑GENERAL ❑X ATTO R N EY -I N -FACT ❑TRUSTEE(S) ❑ GUARD IAN/CON SERVATOR ❑OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BUILD PERMIT NO. 2013-11366 BOND TYPE EXHIBIT: A FOLLOW-UP DESCRIPTION CI'T'Y OF ATASCADERO DEPARTMENT OF PUBLIC WORKS MONUMENT SECURITY AGREEMENT KNOW BY ALL MEN THESE PRESENTS: WHEREAS, the City of Atascadero, State of California, has approved PUBLIC IMPROVEMENT plans for (ESTANCIA AT LAS LOMAS, TRACT 2525.1); (CONSTRUCTION OF PUBLIC IMPROVEMENTS) (hereinafter referred to as "Project), whereby (ESTANCIA DEVELOPMENT, LLC) (hereinafter designated as "Principal") has agreed to make and complete all of the improvements required by the conditions of approval of Project; and, WHEREAS, pursuant to the law, the Principal is required before entering upon the performance of the work, to file a good and sufficient security with the City of Atascadero, to secure claims to which reference is made in sections 3247 through 3252, inclusive, of the Civil Code of California, and sections 3181, 3110, 3111 and 3112 of the Civil Code of California; and, NOW THEREFORE, said Principal is held and firmly bound unto the City of Atascadero, and unto all laborers, material and other persons referred to in said statutes, in the sum of (EIGHTEEN HUNDRED DOLLARS)5( 1,800), lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally by these presents. The conditions of this obligation are such that if the said Principal, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to section 18806 of the Revenue and Taxation Code with respect to such work and labor, that the security herein will pay for the same in an amount not exceeding the sum specified in this security, otherwise the above obligation shall be void. In case suit is brought upon this security, the said security will pay a reasonable attorney's fee to be fixed by the court. The security shall inure to the benefit of any of the persons named in Civil Code section 3181 as to give a right of action to such persons or their assigns in any suit brought upon security. Should the condition of this security be fully performed, than this obligation shall become null and void, otherwise it shall be and remain in full force, virtue, and effect. And the said security for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Project or to the work to be performed thereunder or the specifications accompanying the same shall in any way effects its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. Death of the Principal shallNot rieve security of its obligations hereunder. IN WITNES EREO , thisl . strd en has been duly executed by the Principal named on the _day of -b . , 20 PRINCIPAL NCCt State of California County of San Luis Obispo •' ► ? e OnyC10 Zot`-1 before me, t IP—O&Astl,a, nk-t�av)g • Date (Here Insert Name and Title of the Officer A personally appeared ��(�y1 �aYIA K�y� 0 03 y 3 (Name(s) of Signer(s) y Who proved to me on the basis of satisfactory evidence to be the person(p) whose m ;3 name(¢ islard subscribed to the within instrument and acknowledged to me that o a Vf helstre/they executed the same in hislhbr/tlYeir capacity(ivrs), and that by hislher/their the -+ signature(f) on the instrument the person(6), or the entity upon behalf of which c m tri r person(sr)acted, executed the instrument. z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tai w.� WITNESS my hand and official seal. • Signature of Notary Public Aabobank, N.A. (800) 942-6222 Rabobank Payee City of Atascadero REMITTER Estancia Development LLC Memo CASHIER'S CHECK 200116014 Date 90-3842 February 12, 2014 Amount $1,800.00 NON © NEGOTIABLE CLIENT COPY Ef this check Is lost, destroyed or stolen, the bank will require the payee or remitter to deliver a claim to the bank. The claim will Inlcude the bank's Declaration of Loss farm signed under penalty of perjury. The bank Is not obligated to pay the amount of the check until the later of the date of the claim or the Stith day from the dale of the check, if the bank has paid the check before the 90th day, the bank will not be required to pay the claim. ITEM NUMBER: A-5 DATE: 03-11-14 EXHIBIT: A � APB TEQON"WATER Ap1C:SECUEilT1f"PAPER•� QLD`�'T.OaiLtGH��Td�VIEW� �' �i�AGEOFsTHIS�DOCUIVIEN'�'HA5 a�coo"Enf"apa�� OtIND;�OI1s •�F! E p�"APERi ti� •"�' :�: Sr_e:,u..oaura:•c�..>saw.5.,wn..;L..++�3•.�.o-.-.a.���cmaas.a.�s�..�..��r�`�� ,.��•.a..e`�. r -,...o..... �.n�. � .wa�w.rri- �..�«mx:,.�,,:+,��a.�.•..c,.,sr.».�#r.,w a�7.��:w.v„n . �m�.+mr.^s�r�,�,..yit;•.a:.,.<F.._r_:�S.tx�.»ar�n FebruaryRabobank, N.A. CASHIER'S CHECK 200116014 (80q) 942-6222 Date 90-3842 + Rabobank CTS Amount Pay One Thousand Eight Hundred Dollars And No Cents * �" $1r800.00 Two Signatures Required for Amounts Over $5,000.00 To The City of Atascadero Order Of CA - Authorized Signature REMITTER Estancia Development LLC Memo Authorized Signature ■■ 1 1[�D 1411" in. 1 2 2 2 3al, 201'.■■ .`■■■■ Sill ' �',;. _-rx+ .am"-u'K�a^A`Y�a"'�'?'M�un r• -y =*ass,. »-...�,:�,.. a �w::�* _ tr. � � ;��.,.»,,, "3 ,r J'ML+ -g,^ ° •�y,�-�,,.�-7p-"'f'a=`� ��°� ` � �M� �� �z��+.�h»•-�w*3s��=:��'�'�„"� ITEM NUMBER: A-6 DATE: 03-11-14 Atascadero City Council Staff Report — Public Works Department CDBG Barrier Removal — Atascadero Lake Park Project Award City Bid No. 2014-002 RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Viborg Construction in the amount of $139,038.43 for construction of the Atascadero Lake Park CDBG 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. DISCUSSION: Background: The City Council has previously authorized the use of Community Development Block Grant (CDBG) funds for various Barrier Removal projects throughout Atascadero. Projects that remove barriers to wheelchair accessibility, including sidewalk and path installation, are permitted uses for CDBG funds. The Atascadero Lake Barrier Removal Project involves the removal of barriers to wheelchair accessibility from the rear of the Veteran's Memorial, to the Zoo Entrance, and ending at the Lake Ranger House. The project includes the installation of a new compliant path from the Veteran's Memorial to the Zoo where none currently exists. Park users currently have to use the parking lot to access the Zoo. The current path from the Zoo to the Ranger House will also be replaced. This path, while functional, is currently steeper than what is allowed by accessibility codes. This section of path has been also designed to incorporate the existing lights and trees. The remaining portion of this project includes the installation of two accessible parking spaces, one in each ITEM NUMBER: A-6 DATE: 03-11-14 parking lot. The new spaces will bring the park into current accessibility parking compliance. A new accessible picnic area is also included in the plans. The new picnic area includes an accessible picnic bench and BBQ pit. Figure 1 shows the path alignment. SITE MAP SCALE: 1"=100• Figure 1 Analysis: The Atascadero Lake Park Barrier Removal Project will complete an accessible pathway/sidewalk from the Veteran's Memorial to the Ranger House. In addition, the project will provide additional compliant parking spaces. The project was advertised for a minimum of 30 days, from January 22, 2014 through March 3, 2014. A total of 13 bids were received for this project. Bids ranged in price from $139,038 to $253,770. The bids were reviewed for accuracy and compliance with ITEM NUMBER: A-6 DATE: 03-11-14 the City of Atascadero bidding requirements. Viborg Construction, Inc. is the lowest responsive bidder at $139,038.43. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with Viborg Construction, Inc. in the amount of $139,038.43 for construction of the Atascadero Lake Park Barrier Removal Project. FISCAL IMPACT: The fiscal impact of the construction of this project is $139,038.43 of CDBG funds. PROJECTED EXPENDITURES Engineering Design, Topographic Map, Archaeology Report $30,000.00 Construction $139,038.43 Staff Time $15,000.00 Inspection / Testing / Construction Administration (10%) $13,900.00 Contingency (20%) $27,800.00 Total Estimated Expenditure: $225,738.43 AVAILABLE REVENUE Community Development Block Grant (CDBG) Funds $338,530.00 Total Available Revenue: $338,530.00 EXPECTED PROJECT SURPLUS $ 112,791.57 Any remaining funds will be used for other barrier removal projects in the City. ALTERNATIVES: 1. Council may not award the contract and cancel the project 2. Council may direct staff to redesign and re -bid the project. ATTACHMENT: Bid Summary ITEM NUMBER: A-6 DATE: 03-11-14 City of Atascadero Office of the City Clerk Bid Summary TO: Public Works FROM: Lisa Cava, Depute Cih' Clerk BID NO.: 2014-002 OPENED: 3/3/2014 CDBG BARRIER REMOVAL PROJECT PROJECT: ATASCADERO LAKE PARK Bids were received and opened today, as 13 follows: Name of Bidder TOTAL BID VIBORG $139.038.43 ROCKWOOD S 150,407.23 J.F. WILL $158,013.40 J.J. FISHER 5158.493.04 V.LOPEZ S 166.900.75 MICHAEL FREDERICK PAVING $174,843.00 CALPORTLAND $176.659.70 RAMINHA 5177.49 3.00 R.BURKE $183,762.00 WHITAKER CONSTRUCTION $184.831.00 NEWTON CONSTRUCTION $216.487.00 DOD CONSTRUCTION $224,835.00 G.SOSA $253.770.00 Atascadero City Council ITEM NUMBER: A-7 DATE: 03-11-14 Staff Report — Community Development Department Alcoholic Beverage Control (ABC) License Off -Site Sale of Beer and Wine PLN 2014-1496 / ABC 2014-018 9010 West Front Road (Holiday Inn Express) (Alcoholic Beverage Control license request to allow the sale of beer and wine at the Holiday Inn Express for off-site consumption) RECOMMENDATION: Council adopt Draft Resolution "A" finding that public convenience or necessity would be served by allowing the issuance of a Type 20 ABC license for the sale of beer and wine for off-site consumption at the Holiday Inn Express located at 9010 West Front Road. DISCUSSION: The applicant has applied through the Department of Alcoholic Beverage Control (ABC) for a Type 20 license at their existing location at 9010 West Front Road. ABC defines a Type 20 license as: OFF SALE BEER & WINE — (Package Store) — Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. The site is zoned Commercial Retail (CR) with a Planned Development overlay (PD -23) and has a General Plan Land Use designation of General Commercial (GC). Hotel and motel use is a permitted use within the overlay zone with beer and wine purchased and consumed on the premise is determined to be an ancillary use of the hotel. ITEM NUMBER: A-7 DATE: 03-11-14 Analysis: ABC requires a "letter of necessity or convenience" from the City in order to issue a new off sale beer and wine license at this location. Sections 23958 and 23958.4 of the of the Business and Professions Code (alcoholic beverages section) requires the local governing body of the area to determine that public convenience or necessity would be served by the issuance of another license. In this case, ABC has identified that there is not an overconcentration of alcohol licenses within the area; however, the letter from the City is still required by ABC to issue a new Type 20 license. The proposed site is located in census tract number 126, which allows up to nine (9) licenses to exist in the census tract. There are currently six (6) licenses existing in the census tract. The Atascadero Police Department has reviewed the proposed application and does not have concerns or opposition regarding the issuance of an additional Type 20 license at this location. FISCAL IMPACT: None. ATTACHMENTS: 1. Location Map 2. Draft Resolution A Attachment 1: Location Map ITEM NUMBER: A-7 DATE: 03-11-14 Nktl All, 5 Attachment 2: Resolution A DRAFT RESOLUTION "A" ITEM NUMBER: A-7 DATE: 03-11-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ALLOWING THE ISSUANCE OF A TYPE 20 ABC LICENSE AT 9010 WEST FRONT ROAD PLN 2014-1496 / ABC 2014-0018 ON APN 056-131-024 (HOLIDAY INN EXPRESS/ H&S HOSPITALITY, LLC) WHEREAS, an application has been received from Amar Sohi of Holiday Inn Express (90 10 West Front Road, Atascadero CA 93422) Applicant, and H&S Hospitality, LLC (9010 West Front Road, Atascadero, CA 93422) Property Owner, to request that the Council make a finding of public convenience or necessity to allow the Department of Alcoholic Beverage Control to issue a Type 20 license for sale of beer and wine for off-site consumption, at an existing food and beverage retail store located at 9010 West Front Road, (APN 056-131-024); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current Zoning Designation is Commercial Retail (CR) with a Planned Development overlay (PD -23); and, WHEREAS, retail establishments that sell beer and wine for off-site consumption are an allowed use within the zoning district; and, WHEREAS, the Atascadero Police Department has reviewed the requested Type 20 off -sale beer and wine license and does not believe it presents any public safety concerns; and, WHEREAS, the City Council has determined that public convenience or necessity will be served by the issuance of a Type 20 off sale beer and wine license for an existing food and beverage retail store at 9010 West Front Road; and WHEREAS, the City Council of the City of Atascadero considered the proposed application at a public meeting on March 11, 2014; and,