HomeMy WebLinkAboutAgenda Packet 06/13/2006•
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 13, 2006
7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
• CLOSED SESSION:
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION:
2. CALL TO ORDER
a. Conference with Legal Counsel
Existing Litigation (Govt. Code Section 54956.9, subdivision (a))
City of Atascadero v. Thomas Dorsey
SLO County Superior Court Case # CV04-0850
3. ADJOURN:
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O'Malley
ROLL CALL: Mayor O'Malley
. Mayor Pro Tem Pacas
Council Member Clay
Council Member Luna
Council Member (Vacant)
• COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name for the record
before making your presentation. The Council may take action to direct the staff to
place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call
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.)
PRESENTATIONS:
1. Employee Service Award Presentation.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
• be routine and non -controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1. City Council Meeting Minutes — May 9, 2006
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of May 9, 2006. [City Clerk]
2. April 2006 Accounts Payable and Payroll
■ Fiscal Impact: $1,795,311.19.
■ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for April 2006. [Administrative Services]
3. April 2006 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the Investment Report for April 2006.
[City Treasurer]
4. Engineer Contracts
■ Fiscal Impact: The costs of Engineering Services are billed directly to the
• capital project accounts.
■ Recommendation: Council authorize the City manager to enter into
ongoing contracts for contract engineering services with the firms on the
"General Engineering Services Qualified Firm List." [Public Works]
• B. MANAGEMENT REPORTS:
1. Hwy 101/41 Interchange Funding
■ Fiscal Impact: Unknown. Cost and options have not been fully reported by
Caltrans and SLOCOG.
■ Recommendations: Council:
1. Receive a report from Staff on updated information on the Hwy 101/41
Interchange options, San Luis Obispo Council of Governments June
7th meeting and the California Transportation Commission June 8th
meeting; and,
2. Direct Staff on the preferred option for the Hwy 101/41 Interchange
Project. [Public Works]
2. Acquisition of Paloma Park (045-323-001)
■ Fiscal Impact: The purchase of the park will cost up to $900,000. Funds
are not available for purchase of the park. Staff is recommending that
$900,000 be advanced from park impact fees for purchase of the park.
The advance will be repaid by development fees as they are collected in
the future.
■ Recommendations: Council:
1. Adopt a Draft Resolution authorizing the purchase of Paloma Park
• from the State of California; and,
2. Approve the attached purchase agreement and purchase price, not to
exceed $900,000; and,
3. Authorize the Administrative Services Director to appropriate $900,000
from the Park Impact Fees. [City Manager]
C. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. County Mayor's Round Table
2. Finance Committee
3. Air Pollution Control District (APCD)
4. Economic Vitality Corporation, Board of Directors (EVC)
5. League of California Cities — Grassroots Network
6. City / Schools Committee
7. Economic Opportunity Commission (EOC)
8. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA)
Mayor Pro Tem Pacas
1. Integrated Waste Management Authority (IWMA)
• 2. City / Schools Committee
3. Atascadero Youth Task Force
Council Member Clay
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
2. Nacimiento Water Purveyors Contract Technical Advisory Group
3. North County Water Purveyors Group
Council Member Luna
1. Finance Committee
Council Member (Vacant)
1. Atascadero State Hospital Advisory Board
2. Local Agency Formation Commissions (LAFCO)
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
• E. 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, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, declare under the penalty
of perjury that the foregoing agenda for the June 13, 2006 Regular Session of the Atascadero City
Council was posted on June 6, 2006 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero,
CA 93422 and was available for public review in the Customer Service Center at that location.
Signed this 6th day of June, 2006 at Atascadero, California.
Marcia McClure Torgerson, C.M.C., City Clerk
City of Atascadero
•
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
We City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall
Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
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. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
WI business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
-ITEM NUMBER: A-1
DATE: 06/13/06
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, May 9, 2006
7:00 P.M.
CLOSED SESSION: 6:32 p.m.
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
2. CALL TO ORDER
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: CITY ATTORNEY
b. Conference with negotiator over real property. (Govt. Code
54956.8)
Negotiator: City Manager Wade McKinney
Property: Mr. Kelly Gearhart, 5955 Entrada Ave.
Negotiation will include price and/or terms of payment.
3. ADJOURN: 7:05 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced there was no reportable action on either item.
-,REGULAR SESSION: 7:00 P.M.
Mayor O'Malley called the meeting to order at 7:07 p.m. and Council Member Luna led
the Pledge of Allegiance.
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ROLL CALL:
Present:
Absent:
Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley
None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Steve
Kahn, Deputy Community Development Director Steve McHarris,
Deputy Public Works Director Geoff English and City Attorney
Patrick Enright.
COMMUNITY FORUM: W \ ✓''`
David Broadwater spoke about the Del Rio Road A project and his unsuccessful
attempts to access information from city staff about tie-preteet: He recommended that
Council ascertain for the citizens of Atascadero all information available about
prat and present it at the next City Council meeting. City Manager Wade McKinney
stated he would follow up on what information has been received and prepare a
memorandum to Council to that effect.
Ann Ketcherside referred to the 5599 Traffic Way project, and her concerns regarding
the testing of the groundwater and other environmental issues at the site, and asked if
work is going forward on the project.
Assistant City Manager Jim Lewis reported on the testing process for the soil at the -
Traffic Way site, and stated staff is waiting for a clearance letter from the county. Mr.
Lewis stated that nothing will be built on the site until that clearance letter is received.
Jono Kinkade spoke about the U.S. Mayors Climate Protection Agreement and asked
that Atascadero sign on to it. Mr. Kinkade reported on other cities that have signed the
agreement.
James Istenes expressed his concerns regarding the Del Rio Annex plan and the
proposed development.
Brandon lstenes spoke in support of the U.S. Mayors Climate Protection Agreement
and presented an example of a city that has used the program successfully.
Eric Greening expressed his support for the U.S. Mayors Climate Protection Agreement, -
asked about recycling waste materials at Colony Square, inquired which county
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department will be signing off on the Traffic Way site, and spoke of the importance of
presenting a record of all contacts for the Del Rio Road Annex plan prior to the public
meeting on the 30th of May.
City Manager McKinney stated there is no interim report on the Mayor's Climate
Protection Agreement, but staff has tentatively planned their report for the June 13th
Council meeting.
Mayor O'Malley closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Scalise to approve the agenda.
Motion passed 5:0 by a roll -call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay stated for the record that he thought the questions asked tonight
about the Del Rio property referred to it's history and zoning and explained that
developers regularly speak with staff on what they can and cannot do on a specific
property prior to coming in with an actual proposal
Mayor O'Malley requested an outline of contacts regarding the Del Rio Project and a
brief history of the property by the next meeting. City Manager McKinney stated staff
can provide a brief historical analysis and reported that there have been no promises,
no dialog and no request for a project; the public workshop will come first.
Council Member Scalise reported that the bigger projects in Atascadero have
successfully utilized the public process at the offset and encouraged the public to attend
the meeting scheduled for May 30th
PRESENTATIONS:
1. Proclamation declaring May 15 — 21, 2006 "National Police Week" and
May 15, 2006 as "Police Memorial Day."
Mayor O'Malley read the proclamation and presented it to Police Lt. Carol Robinson
who announced that the local Criminal Justice Administrators Association will conduct a
memorial service on May 17th at the Pismo Beach pier.
2. Proclamation declaring May 2006 as "Bike Month" and May 15 — 19,
2006 as "Bike to Work Week."
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Mayor Pro Tem Pacas read the proclamation and presented it to Andy Mutseiger of the
Air Pollution Control District who expressed appreciation for the recognition and spoke
of several bike events to be held throughout May.
County Supervisor Jim Patterson stated he had taken the Commuter Bike Challenge
and thanked Council for recognizing Bike Month.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes— April 11, 2006
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of April 11, 2006. [City Clerk]
2. March 2006 Accounts Payable and Payroll
■ Fiscal Impact: $2,302,848.23.
• Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2006. [Administrative
Services]
3. March 2006 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the Investment Report for March
2006. [City Treasurer]
4. Interchange Operational Improvement Study / Consultant Services
Contract
• Fiscal Impact: $167,960 ($120,000 from the 2005/2007 Capital Budget
and $50,000 from the Regional State Highway Account Funds).
• Recommendation: Council authorize the City Manager to execute an
agreement with Whitlock & Weinberger Transportation, Inc. known as, W -
Trans, for an Interchange Operational Improvement Study. [Public Works]
5. Temporary Road Closure / Del Rio and Obispo Roads
■ Fiscal Impact: None.
■ Recommendation: Council approve the request from Dave Spurr
Excavating for the temporary closure of portions of Del Rio Road and a
partial closure of Obispo Road. [Public Works]
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•
6. Temporary Road Closure / Palma Avenue
■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works Staff.
■ Recommendation: Council approve the closure of Palma Avenue from
East Mall to West Mall during the Father's House organization event in the
Sunken Gardens on June 3, 2006, from 11:00 a.m. to 5:00 p.m. [Public
Works]
Items pulled: Council Member Luna Item #A-4, Eric Greening Items #A-1 and 5.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-2, 3 and. 6
Motion passed 5:0 by a roll -call vote.
Item #1: Eric Greening referred to page 7, paragraph 2 of the Minutes of April 11, 2006
and asked that the last word be changed from "EIR" to "environmental review." Also on
page 10, first paragraph under Public Comment, he asked that the words "spoke
against establishing a transit center in the downtown" be changed to "differentiated
between a nice transit stop, which belongs in the downtown core, and a Park and Ride
express stop, which does not."
Mayor O'Malley stated the City Clerk would review the records and make the
appropriate changes.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item #A-1.
Motion passed 5:0 by a voice vote.
Item #4: Council Member Luna stated he pulled this item because he feels that
development impact fees should pay for these types of studies and mitigate the
necessary impacts. He asked for assurance from staff that the General Fund will be
reimbursed by development impact fees for these studies.
PUBLIC COMMENT
Bob Kelley explained why he would like the Council to reconsider granting this money.
Ron DiCarli, Executive Director San Luis Obispo Council of Governments, explained
why Council should support the funding of the study.
Mayor O'Malley closed the Public Comment period.
City Manager r McKinney gave a report on this item and indicated that this study is
required in order to obtain the next round of funding.
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MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve Item #A-4. 0
Motion passed 5:0 by a roll -call vote. (Contract No. 2006-023)
Item #5: Eric Greening asked if the impact of the daily road closures was anticipated in
the environmental review of this subdivision. He also asked if any of this work is
relevant to any future retail adjacent to this area of Del Rio Road.
Public Works Director Steve Kahn stated the road closure was not considered in the
environmental document, as it was not known at the time that the road would need to be
closed. He also stated that the closure is serving residential development off of Obispo
Road and has no relevance to any retail development.
PUBLIC COMMENT
Patricia Lawrence expressed concern with the impacts to her neighborhood from this
housing development.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve Item #A-5.
Motion passed 5:0 by a roll -call vote.
B. PUBLIC HEARINGS:
1. Appeal 2006-0008 of Front Yard Fence Height Variance 2005-0009 (9186
Palomar Avenue)
■ Description: Appeal of Planning Commission approval of a variance
allowing a recently constructed six-foot high solid wood fence to remain
within the front yard setback within a single-family residential
neighborhood.
• Disclosure of Ex Parte Communications
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution A granting Appeal
2006-0008 (denying Variance 2005-0009) based on findings. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
■ Council Member Luna stated he had visited the site.
■ Council Member Clay stated he had visited the site.
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■ Mayor Pro Tem Pacas stated she visited the site.
■ Council Member Scalise stated she visited the site.
■ Mayor O'Malley stated he visited the site with staff and had email and telephone
conversations with the property owner and the appellant.
PUBLIC COMMENT
Joan O'Keefe, appellant and Planning Commissioner, clarified that the issue is not
safety, but that findings cannot be made for the Variance. Mrs. O'Keefe read from a
prepared statement explaining why she had appealed the variance and distributed
several photographs related to her presentation. (Exhibit A)
Eric and Catherine Roy, original applicants, gave a presentation on their home and the
fence, and explained why they think the Variance should be upheld.
John Thomas, neighbor to the Roy's, explained why this is a privacy issue and stated
the fence is an improvement to the Roy's property and the neighborhood.
Zena Thomas agreed with her husband that this is an issue of privacy.
Robert Davis, neighbor of the Roy's, indicated he strongly agrees with the Roy's fence.
Roberta Fonzi, Planning Commissioner, stated the findings were made by the Planning
Commission, as the property is unique in terms of the topography.
Freeman Bradford, neighbor to the Roy's, stated the property is improved by the fence.
Candy Layton, neighbor of the Roy's, agreed that the property has been improved with
the fence, and is safer because of it; she indicated she supports the Roy's.
Michael Johnson, neighbor of the Roy's, stated he strongly supports the Roy's.
Marian Reddick, Palomar resident, stated her support for the Roy's, and commented
that the fence is not a traffic hazard and has improved the property.
Lucy Dalton, neighbor to the Roy's, expressed support of the Roy's fence and the work
they have done on their property.
Joan O'Keefe stated for clarification that the minutes of the Planning Commission
meeting said nothing about the topography in the findings.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to deny the appeal and grant the encroachment permit,
0 and that this is a specific and unique situation and all four
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findings can be made. Specifically, the Variance does not
constitute a grant of special privilege, as the fence is
necessary for the privacy of the homeowners, and there are
special circumstances due to the size, shape and topography
of the lot and the situation with the street (the T intersection).
A condition will be added that if the road ever needs to be
widened the fence would have to be moved back.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2006-045)
Mayor O'Malley recessed the hearing at 8:55 p.m.
Mayor O'Malley called the meeting back to order at 9:00 p.m.
2. Interim Urgency Ordinance Establishing a Moratorium on Conversion of
Residential Units to Condominiums
■ Description: Temporary Ordinance establishing a moratorium on
conversion of residential units to condominiums.
• Fiscal Impact: None.
■ Recommendation: Council adopt the Interim Urgency Ordinance
establishing a moratorium on conversions of residential units to
condominiums. This action extends the moratorium for 10 months and 15
days. [City Attorney]
City Attorney Patrick Enright gave the staff report and answered questions of Council.
PUBLIC COMMENT
Mike Jackson questioned the statement that there was no fiscal impact because
condominium conversions generate additional property taxes.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt the Interim Urgency Ordinance establishing a
moratorium on conversions of residential units to
condominiums.
Motion passed 5.0 by a roll -call vote. (Ordinance No. 495)
3. Weed/Refuse Abatement Program
■ Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2006-2007 Tax
Roll.
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•
•
■ Recommendation: Council adopt the Draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the Fiscal Year 2006-2007 Tax Roll. [Fire]
City Manager Wade McKinney gave the staff report and answered questions of Council
PUBLIC COMMENT
Eric Greening questioned whether the deadline is late enough because of the amount of
moisture in the soil due to late spring rains and asked if the notice could have
information about recognizing oak seedlings and other native plants.
Mr. McKinney stated that the schedule is dictated by the County so the date is not
movable.
Joan O'Keefe stated that ANTA had revised the seedling brochure and the Fire Dept
included it with the weed abatement notice.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Luna to adopt the Draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing
all abatement fees on the San Luis Obispo County Special Tax
Assessment for the Fiscal Year 2006-2007 Tax Roll.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2006-046)
4. Downtown Parkina & Business Improvement Area (FY 2006-2007
Confirmation of Annual Assessment
■ Fiscal Impact: Revenue of approximately $10,500 for Fiscal Year 2006-
2007.
• Recommendation: Council adopt the Draft Resolution confirming the
annual assessment for Downtown Parking & Business Improvement Area
(Fiscal Year 2006-2007). [City Manager]
City Manager Wade McKinney gave the staff report.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, stated Main Street provides a
good return on the city's money and raises additional money on top of what is received
from the Redevelopment Agency and what the assessment brings in.
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Mary Eubersachs, Main Street Promotion Committee Chair, thanked Council and
reported on the importance of tracking new businesses in the downtown to help ensure
receipt of the maximum funds for this assessment.
Mayor O'Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt the Draft Resolution confirming the annual
assessment for Downtown Parking & Business Improvement
Area.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2006-047)
C. MANAGEMENT REPORTS:
1 Signage Task Force Report
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Direct staff to update the City Sign Ordinance to incorporate the
Signage Task Force's recommended changes; and,
2. Direct staff to work with the Chamber of Commerce and Main Street
Association on a signage clean-up information campaign while the
ordinance update is in process. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, spoke about the activities of
the task force and their recommendations. Mr. Martin answered questions of Council
Mark Gibbs asked for clarification regarding a -frame open house realty signs. Director
Frace stated that one hanging real estate sign on the property for sale is allowed, but
there is no allowance for smaller off-site temporary signs.
Eric Greening asked if the American Flag could be considered a banner when kept up
day and night with no light on it at night, and if the type of flags usually seen where a
number of homes are for sale are considered banners.
Steve Martin stated their concentration was on a -frames and banners in retail and
commercial districts, other areas would be considered in the future.
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•
Mary Eubersachs asked if there was any size limitation discussed for large banners and
long signs. Director Frace stated that the current standard is 40 square feet and that
the task force did not recommend any changes.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to direct staff to update the City Sign Ordinance to
incorporate the Signage Task Force's recommended changes;
and, direct staff to work with the Chamber of Commerce and
Main Street Association on a signage clean-up information
campaign while the ordinance update is in process, and staff
is to measure the Carlton sign and adjust the text based on
what is actually on the site.
Motion passed 5:0 by a roll -vote.
2. Cardroom Ordinance / Request for Expansion of Tables (Outlaws Card
Parlour
■ Description: Request from the owner of Outlaws Card Parlour to increase
the number of card tables from two (2) to five (5).
■ Fiscal Impact: If the City Council amended the Municipal Code to allow
additional card tables, the City would receive a one time revenue of $300
0 per additional table.
• Recommendation: Council give staff direction on how to proceed on this
request. [City Manager]
Assistant to the City Manager / City Clerk Marcia McClure Torgerson gave the staff
report and answered questions of Council
PUBLIC COMMENT
Al Brown, applicant, reported that there is a new proposal going to the Gaming
Commission to extend the moratorium to 2017. Mr. Brown answered questions of
Council.
Mike Jackson spoke in support of Mr. Brown's request and suggested this would be
good for the area given the increase in tourism.
Mayor O'Malley closed the Public Comment period,
There was Council consensus to proceed in reviewing expansion to 4 gaming
tables at this location and closely look at the fees associated with that including
full cost recovery and any other items to be attached. This item will be brought
back to Council before going to the Gaming Commission.
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3. Hwy 101/41 Interchange Value Analysis Study
■ Fiscal Impact: None.
■ Recommendation: Council receive a verbal report from Caltrans on the
results of the Hwy 101/41 Interchange Value Analysis Study and
recommend they proceed to further explore two options and report back
on May 23rd. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Peter Brown, SLOCOG, gave a presentation on the value analysis.
Dave Rasmussen, Project Manager for Caltrans, addressed the issue of roundabouts
and answered questions of Council
Vice Chairperson Pacas expressed her opposition to roundabouts and suggested free
right turn lanes would be helpful.
Council Member Clay suggested video taping a similar intersection with a roundabout to
see how it works.
Council Member Luna stated he is willing to look at roundabouts.
Council Member Scalise requested that information regarding the three bridges be
brought back.
Mayor O'Malley commented that roundabouts would be great in other locations in
Atascadero; however this is not a good place to experiment. He would like to get the
bridges in now and the roundabouts could be the next option.
PUBLIC COMMENT
Joan O'Keefe suggested setting up a two hour meeting where the public could view
simulations of the proposed options, and that this be done before the next Council
meeting.
Eric Greening stated the importance of fully examining both options before a decision is
made and of having full public participation. He asked whether the traffic analysis
included safe pedestrian and bicycle movement.
Tim Bokum, licensed professional traffic engineer with the state of California, spoke in
support of roundabouts and that they are a viable alternative that should be considered.
Ursula Luna, spoke in favor of considering the roundabout option, and would like to see
a three dimensional display. 0
CC Draft Minutes 05/09/06
Page 12 of 14
17
Ron Di Carli, Executive Director SLO Council of Governments, explained that the value
analysis was driven by a shortage of funding and spoke about roundabouts and their
advantages.
Eric Greening spoke of the difference between a 3'/2 and 1 1/2year construction period in
relation to the recruitment of businesses for the downtown as well as the escalation of
material costs.
Mayor O'Malley closed the Public Comment period.
Mayor O'Malley summarized that Council is moving toward consensus to have both
options reviewed with attention to pedestrian and bikeway issues, with three
dimensional views/simulations of both options, as well as impacts to landscaping and
aesthetics, and to schedule an afternoon public meeting with Caltrans and SLOCOG
staff in attendance.
MOTION: By Council Member Luna to go past 11:00 p.m.
Motion failed for lack of a second.
There was Council discussion regarding either holding a special public meeting to
address this issue or placing it on the next Council agenda.
MOTION: By Mayor O'Malley and seconded by Council Member Clay to
go past 11:00 P.M.
Motion passed 4:1 by a roll -call vote. (Luna opposed)
There was Council consensus to present this item at the Council Meeting on May
23rd.
Council Member Luna left the meeting at 11:02 p.m.
D. COMMITTEE & LIAISON REPORTS:
None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney asked if any Council Member was planning on
going to the Economic Forecast on June 1St, and whether the June 5th potential
date for Strategic Planning would work for Council Members.
CC Draft Minutes 05/09/06
Page 13 of 14
F. ADJOURNMENT: 10
Mayor O'Malley adjourned the meeting at 11:05 p.m. to the next regularly scheduled
meeting of the City Council on May 23, 2006.
MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office.
Exhibit A — Joan O'Keefe, photographs
•
r�
CC Draft Minutes 05/09/06
Page 14 of 14
•
0
ITEM NUMBER: A - 2
DATE: 06/13/06
A tascadero City Council
Staff Report - Administrative Services Department
April 2006 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
April 2006.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 4/6/06 Checks # 22553 - 22604 $ 47,955.96
Direct Deposits 177,109.32
Dated 4/20/06 Checks # 22605 - 22654 45,968.04
Direct Deposits 175,678.38
Accounts Payable
Dated 4/1/06 - 4/30/06
Checks # 104833 - 105239
& EFTs 417 - 419 1,348,599.49
TOTAL AMOUNT $ 1,795,311.19
FISCAL IMPACT:
Total expenditures for all funds is
$ 1,795,311.19
CERTIFICATION:
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these demands-- ,
Rachelle Rickard,
ATTACHMENT:
April 2006 Eden Warrant Register in the amount of $ 1,348,599.49
Kc
Check
Check
Number
Date
417
04/0312006
104833
04/03/2006
104834
04/03/2006
104835
04/03/2006
104836
04/03/2006
104837
04/03/2006
104838
04/03/2006
104839
04/04/2006
104840
04/04/2006
104841
04/04/2006
104842
04/04/2006
104843
04/04/2006
104844
04/04/2006
104845
04/04/2006
104846
04/04/2006
104847
04/04/2006
104848
04/04/2006
104849
04/04/2006
104850
04/04/2006
104851
04/04/2006
104852
04/05/2006
104853
04/05/2006
City of Atascadero
Disbursement Listing
For the Month of April 2006
Vendor
MID -STATE BANK
AFLAC
BLUE CROSS OF CALIFORNIA
BLUE SHIELD OF CALIFORNIA
DELTA DENTAL, ATTN: ACCOUNTING
THE STANDARD UNIT 22
UNUM LIFE INSURANCE CO.
ATASCADERO COMMUNITY
Amount •
Description
VOID
Accounts Payable Check
230.67
Payroll Vendor Payment
3,385.90
Payroll Vendor Payment
92,717.00
Payroll Vendor Payment
1,716.94
Payroll Vendor Payment
7,334.88
Payroll Vendor Payment
951.69
Payroll Vendor Payment
624.68
ATASCADERO COMMUNITY
Accounts Payable Check
31,133.00
VOID
Accounts Payable Check
0.00
BRADY CHERRY
Accounts Payable Check
300.00
JERRY L. CLAY
Accounts Payable Check
75.00
WARREN FRACE
Accounts Payable Check
300.00
STEVEN KAHN
Accounts Payable Check
300.00
JAMES R. LEWIS
Accounts Payable Check
250.00
GEORGE W. LUNA
Accounts Payable Check
75.00
104860
04/07/2006
HARTFORD LIFE INSURANCE
WADE MCKINNEY
Accounts Payable Check
500.0
THOMAS P. O'MALLEY
Accounts Payable Check
75.00
BECKY J. PACAS
Accounts Payable Check
75.00
RACHELLE RICKARD
Accounts Payable Check
300.00
WENDY SCALISE
Accounts Payable Check
75.00
ASSOCIATED TRANSPORTATION ENG
Accounts Payable Check
16,514.36
ATASCADERO TRAFFIC WAY STORAGE
Accounts Payable Check
647.00
104854
04/07/2006
ATASCADERO FIRE EMPLOYEE ASSN.
Payroll Vendor Payment
104855
04/07/2006
ATASCADERO MID MGRS ORG UNION
Payroll Vendor Payment
104856
04/07/2006
ATASCADERO POLICE OFFICERS ASN
Payroll Vendor Payment
104857
04/07/2006
FAMILY SUPPORT DIVISION
Payroll Vendor Payment
104858
04/07/2006
EMPLOYMENT DEV DEPARTMENT
Payroll Vendor Payment
104859
04/07/2006
EMPLOYMENT DEV. DEPARTMENT
Payroll Vendor Payment
104860
04/07/2006
HARTFORD LIFE INSURANCE
Payroll Vendor Payment
104861
04/07/2006
ICMA RETIREMENT TRUST - 457
Payroll Vendor Payment
104862
04/07/2006
KENNEDY CLUB FITNESS
Payroll Vendor Payment
104863
04/07/2006
NATIONWIDE RETIREMENT SOLUTION
Payroll Vendor Payment
104864
04/07/2006
PERS LONG TERM CARE PROGRAM
Payroll Vendor Payment
104865
04/07/2006
CALIF PUBLIC EMPLOYEES RETIREMENT SYSTE6
Payroll Vendor Payment
21
660.00
20.00,
599.55
207.69
8,218.83
831.01
10,308.45
854.88
88.00
455.
16.1
ip
68,358.07
City of Atascadero
Disbursement Listing
For the Month of April 2006
heck Check
umber Date Vendor Description
104866 04/07/2006 SEIU LOCAL 620 Payroll Vendor Payment
104867 04/07/2006 UNITED WAY OF SLO COUNTY Payroll Vendor Payment
418
104868
104869
104870
104871
104872
104873
104874
104875
104876
104877
104878
0104879
104880
104881
104882
104884
104885
104886
104887
104888
104889
104890
104891
104892
104893
104894
104895
104896
104897
104898
104899
04/11/2006 MID -STATE BANK
04/12/2006 ATASCADERO UNIFIED SCHOOL DIST
Payroll Vendor Payment
Accounts Payable Check
04/14/2006
ADDICTION MEDICINE CONSULTANTS
Accounts Payable Check
04/14/2006
ALL PLUMBING
Accounts Payable Check
04/14/2006
AMERICAN EXPRESS
Accounts Payable Check
04/14/2006
AMERICAN INDUSTRIAL SUPPLY
Accounts Payable Check
04/14/2006
PAULA ANTON
Accounts Payable Check
04/14/2006
API, ATLAS PERFORMANCE INDUST
Accounts Payable Check
04/14/2006
ARAMARK UNIFORM SERVICES
Accounts Payable Check
04/14/2006
ARBOR TREE SURGERY
Accounts Payable Check
04/14/2006
GINA ARIAS
Accounts Payable Check
04/14/2006
AT&T
Accounts Payable Check
04/14/2006
ATASCADERO FENCE
Accounts Payable Check
04/14/2006
ATASCADERO FORD
Accounts Payable Check
04/14/2006
ATASCADERO FORD
Accounts Payable Check
04/14/2006
ATASCADERO HAY & FEED
Accounts Payable Check
04/14/2006
ATASCADERO MUTUAL WATER CO.
Accounts Payable Check
04/14/2006
AW DIRECT, INC.
Accounts Payable Check
04/14/2006
ROBERT J. BAGBY
Accounts Payable Check
04/14/2006
BANGERT CONSULTING
Accounts Payable Check
04/14/2006
BELL'S PLUMBING REPAIR, INC.
Accounts Payable Check
04/14/2006
BEN FRANKLIN PLUMBING
Accounts Payable Check
04/14/2006
CINDY K. BENSON
Accounts Payable Check
04/14/2006
BFGC ARCHITECTS PLANNERS, INC.
Accounts Payable Check
04/14/2006
BIG BROTHER/BIG SISTER
Accounts Payable Check
04/14/2006
JUSTIN BLACK
Accounts Payable Check
04/14/2006
BRENDLER JANITORIAL SERVICE
Accounts Payable Check
04/14/2006
CAL -COAST REFRIGERATION, INC
Accounts Payable Check
04/14/2006
CALIFORNIA BUILDING OFFICIALS
Accounts Payable Check
04/14/2006
CALIFORNIA CODE CHECK
Accounts Payable Check
04/14/2006
CALIFORNIA DRY
Accounts Payable Check
04/14/2006
CARL WALKER, INC.
Accounts Payable Check
Amount
696.19
31.00
36,616.98
115, 000.00
980.00
2,056.85
220.60
22.52
300.00
205.00
283.73
1,660.00
29.59
53.85
2,860.00
19,151.51
2,849.88
48.26
2,802.35
80.74
876.82
2,188.10
299.00
221.00
632.80
22,703.59
3,000.00
88.26
540.00
2,023.84
60.00
17,911.99
120.00
4,377.47
22
Check
Number
104900
104901
104902
104903
104904
104905
iNllP111:1
104907
104908
104909
104910
104911
104912
104913
104914
104915
104916
104917
104918
104919
104920
104921
104922
104923
104924
104925
104926
104927
104928
104929
104930
104931
104932
104933
104934
104935
23
City of Atascadero
Disbursement Listing
For the Month of April 2006
Check
Date Vendor Description
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
CDCE, INC.
CDW GOVERNMENT, INC.
CENTRAL COAST CONTAINERS
CENTRAL COAST WATER TREATMENT
CHEVRON
CHICAGO GRADE LANDFILL
JOSEPH CHOUINARD P.E.
CINGULAR WIRELESS
CINGULAR WIRELESS
CJP PRODUCTIONS
CLEAN WATER SYSTEMS, INC.
COAST ELECTRONICS
COASTAL IMAGING SUPPLIES
COASTLINE EQUIPMENT
CONOCOPHILLIPS
CRYSTAL SPRINGS WATER
CUESTA EQUIPMENT
CUSTOM DESIGN SOFTWARE, INC.
DALLAS CROWN, INC
DARRYUS LOCK AND SAFE
DAN DAVIS
DARREN DAVIS
DECOU LUMBER COMPANY
DECOU LUMBER COMPANY
DIAMONDBACK FIRE & RESCUE, INC
DOCUTEAM
DOGGIE WALK BAGS COMPANY
ECONOMIC VITALITY CORP OF SLO
EL CAMINO CAR WASH LLC
GEOFF ENGLISH
ESCUELA DEL RIO
FARM SUPPLY COMPANY
FEDERALEXPRESS
FENCE FACTORY ATASCADERO
FERRELL'S AUTO REPAIR
FIRE RESCUE OUTFITTERS, INC.
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Amount !
57,543.68
8,816.31
150.00
70.00
1,128.73
40.00
13,306.98
88.72
0.18
1,921.50
35.00
1,075.00
456.89
2,738.64
3,687.36
230.50
204.81
9,706.25
0
4,764.37
58.34
626.50
1,050.00
3,930.78
719.14
383.97
49.90
134.69
25,000.00
25.00
10.00
64.80
348.53
78.36
487.67
372.8i*
358.25
AftCheck
umber
104936
104937
104938
104939
104940
104941
104942
104943
104944
104945
104946
104947
104948
104949
104950
104951
104952
104953
104954
104955
104956
104957
104958
104959
104960
104961
104962
104963
104964
104965
104966
104967
104968
104969
104970
Check
Date
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
04/14/2006
City of Atascadero
Disbursement Listing
For the Month of April 2006
Vendor
FIRSTLINE, LLC
FRAZEE INDUSTRIES, INC.
GALL'S INC.
GAS COMPANY
GATEWAY COMPANIES, INC.
GEM AUTO PARTS
GRAY LIFT, INC.
GRISANTI HARDWARE
BRIAN J. HAMPTON
HART IMPRESSIONS PRINT & COPY
NATHAN HASCH
MEREDITH HENDRICKSON
HENRY SCHEIN, INC.
DANA J. HUMPHREY
JESPERSEN'S TIRE SERVICE, INC.
JIFFY LUBE/SOUND BILLING
JOEL SWITZER DIESEL REPAIR
BOB JOSLIN
KAPLANEK COURT REPORTING
DAREN KENNETT
KILBOURNE & KILBOURNE
KPRL 1230 AM
L.N. CURTIS & SONS
LAIDLAW TRANSIT SERVICES, INC.
LANDSCAPE STRUCTURES, INC.
LAUTZENHISER'S STATIONARY
PAULA LEWIS
LIFE ASSIST, INC.
DAVID J. LODEN
MADRONE LANDSCAPING
MAINLINE UTILITY CO.
MARTINELLI LANDSCAPE CONST INC
MATTHEW BENDER & CO., INC.
WADE MCKINNEY
MEDWORKS, INC.
Description
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Amount
183.40
218.48
46.54
699.22
598.95
1,366.41
408.50
248.65
34.00
619.23
630.00
40.00
124.68
68.00
93.91
128.63
270.36
10.00
3,575.00
1.0.00
93.75
897.00
598.56
51,233.52
492.45
115.92
488.32
346.44
34.00
362.00
300.00
1,865.49
464.11
60.00
655.00
24
City of Atascadero
Disbursement Listing
For the Month of April 2006
Check
Check
Number
Date
Vendor
Description
Amount -0
104971
04/14/2006
MID -COAST FIRE PROTECTION, INC
Accounts Payable Check
521.79
104972
04/14/2006
MID -COAST GEOTECHNICAL, INC.
Accounts Payable Check
2,648.00
104973
04/14/2006
MINER'S ACE HARDWARE
Accounts Payable Check
308.52
104974
04/14/2006
MISSION UNIFORM SERVICE
Accounts Payable Check
59.51
104975
04/14/2006
MICHAL S. MOSES
Accounts Payable Check
802.22
104976
04/14/2006
MPI DOCUMENT MANAGEMENT
Accounts Payable Check
72.21
104977
04/14/2006
DAVID MUEHLHAUSEN
Accounts Payable Check
41.15
104978
04/14/2006
NCI AFFILIATES, INC
Accounts Payable Check
335.00
104979
04/14/2006
NEW EDGE NETWORKS TRANSEDGE
Accounts Payable Check
279.95
104980
04/14/2006
THOMAS P. O'MALLEY
Accounts Payable Check
47.58
104981
04/14/2006
O.C. TANNER
Accounts Payable Check
7,805.29
104982
04/14/2006
OFFICE DEPOT INC.
Accounts Payable Check
583.60
104983
04/14/2006
ORCHARD SUPPLY HARDWARE
Accounts Payable Check
5.97
104984
04/14/2006
OUTLET TOOL SUPPLY
Accounts Payable Check
575.53
104985
04/14/2006
PADRE ASSOCIATES, INC.
Accounts Payable Check
175.00
104986
04/14/2006
PERRY'S PARCEL & COURIER SVC
Accounts Payable Check
82.89
104987
04/14/2006
PITNEY BOWES, INC.
Accounts Payable Check
137.2
104988
04/14/2006
PRINT LOGIC, INC.
Accounts Payable Check
70.0
104989
04/14/2006
PROCARE JANITORIAL SUPPLY
Accounts Payable Check
2,827.32
104990
04/14/2006
PSOMAS
Accounts Payable Check
6,465.04
104991
04/14/2006
PSYCHOLOGICAL CORPORATION, INC
Accounts Payable Check
350.00
104992
04/14/2006
GRACE L. PUCCI
Accounts Payable Check
712.50
104993
04/14/2006
RECOGNITION WORKS
Accounts Payable Check
264.89
104994
04/14/2006
SAN LUIS OBISPO CO OFF. OF EDU
Accounts Payable Check
360.00
104995
04/14/2006
SAN LUIS OBISPO COUNTY VISITOR
Accounts Payable Check
1,500.00
104996
04/14/2006
SBC
Accounts Payable Check
410.30
104997
04/14/2006
SBC/MCI
Accounts Payable Check
512.92
104998
04/14/2006
SCHIMM'S TREE SERVICE, INC.
Accounts Payable Check
450.00
104999
04/14/2006
SIMS FIRE PROTECTION, INC.
Accounts Payable Check
342.80
105000
04/14/2006
DAVID L. SMAW
Accounts Payable Check
102.00
105001
04/14/2006
STEVE SCHMIDT TOPSOIL
Accounts Payable Check
334.62
105002
04/14/2006
SUNLIGHT JANITORIAL
Accounts Payable Check
4,530.62
105003
04/14/2006
STEVEN SWEET
Accounts Payable Check
225.00
105004
04/14/2006
T.A.P.S. TRUCK ACCESSORY OUTLT
Accounts Payable Check
264.91
105005
04/14/2006
PAUL TABONE
Accounts Payable Check
32.40
105006
04/14/2006
TARVIN & ASSOCIATES
Accounts Payable Check
420.00
25
City of Atascadero
Disbursement Listing
For the Month of April 2006
AftCheck
Check
umber
Date
Vendor
Description
Amount
105007
04/14/2006
TASER INTERNATIONAL
Accounts Payable Check
350.00
105008
04/14/2006
TECHDEPOT
Accounts Payable Check
14,703.30
105009
04/14/2006
TEMPLETON UNIFORMS
Accounts Payable Check
6,257.25
105010
04/14/2006
KRISTIN K. THAYER
Accounts Payable Check
125.00
105011
04/14/2006
TIME WARNER TELECOM
Accounts Payable Check
1,338.13
105012
04/14/2006
TOMARK SPORTS, INC.
Accounts Payable Check
273.81
105013
04/14/2006
TRIBUNE
Accounts Payable Check
171.00
105014
04/14/2006
TRIBUNE
Accounts Payable Check
1,368.08
105015
04/14/2006
U.S. POSTMASTER
Accounts Payable Check
200.00
105016
04/14/2006
UNION ASPHALT, INC..
Accounts Payable Check
360.92
105017
04/14/2006
UNITED STAFFING ASSOCIATES
Accounts Payable Check
7,659.00
105018
04/14/2006
UPS
Accounts Payable Check
52.01
105019
04/14/2006
USA BLUE BOOK
Accounts Payable Check
324.01
105020
04/14/2006
VALLEY PACIFIC PETROLEUM SVCS
Accounts Payable Check
840.53
105021
04/14/2006
VOID
Accounts Payable Check
0.00
105022
04/14/2006
VERIZON WIRELESS
Accounts Payable Check
1,910.94
105023
04/14/2006
VIBORG SAND & GRAVEL, INC.
Accounts Payable Check _
12,334.80
105024
04/14/2006
WALLACE GROUP
Accounts Payable Check
193.17
105025
04/14/2006
BRIAN WESTERMAN
Accounts Payable Check
315.00
105026
04/14/2006
SUSAN M. WILLIAMS
Accounts Payable Check
15.66
105027
04/14/2006
MARTHA Y. WRIGHT
Accounts Payable Check
140.00
105028
04/14/2006
PAUL JEFFREY ZEHNER
Accounts Payable Check
520.00
105029
04/18/2006
CITY OF ARROYO GRANDE
Accounts Payable Check
70.00
105030
04/18/2006
PACIFIC GAS & ELECTRIC
Accounts Payable Check
24,812.00
105031
04/18/2006
KATHLEEN A. PENCE
Accounts Payable Check
4,816.14
105032
04/18/2006
SOUZA CONSTRUCTION INC.
Accounts Payable Check
11,415.32
105033
04/21/2006
ATASCADERO FIRE EMPLOYEE ASSN.
Payroll Vendor Payment
665.00
105034
04/21/2006
ATASCADERO MID MGRS ORG UNION
Payroll Vendor Payment
20.00
105035
04/21/2006
ATASCADERO POLICE OFFICERS ASN
Payroll Vendor Payment
599.55
105036
04/21/2006
AXA EQUITABLE
Payroll Vendor Payment
371.15
105037
04/21/2006.
FAMILY SUPPORT DIVISION
Payroll Vendor Payment
207.69
105038
04/21/2006
CITIPAC
Payroll Vendor Payment
30.00
04/21/2006
EMPLOYMENT DEV DEPARTMENT
Payroll Vendor Payment
7,915.95
is105039
105040
04/21/2006
EMPLOYMENT DEV. DEPARTMENT
Payroll Vendor Payment
839.59
105041
04/21/2006
HARTFORD LIFE INSURANCE
Payroll Vendor Payment
10,433.45
W
City of Atascadero
Disbursement Listing
For the Month of April 2006
Check
Check
Number
Date
Vendor
Description
Amount
105042
04/21/2006
ICMA RETIREMENT TRUST - 457
Payroll Vendor Payment
854.88
105043
04/21/2006
KENNEDY CLUB FITNESS
Payroll Vendor Payment
88.00
105044
04/21/2006
NATIONWIDE RETIREMENT SOLUTION
Payroll Vendor Payment
445.84
105045
04/21/2006
PERS LONG TERM CARE PROGRAM
Payroll Vendor Payment
16.19
105046
04/21/2006
CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
Payroll Vendor Payment
69,019.36
105047
04/21/2006
SEIU LOCAL 620
Payroll Vendor Payment
683.54
105048
04/21/2006
UNITED WAY OF SLO COUNTY
Payroll Vendor Payment
31.00
419
04/25/2006
MID -STATE BANK
Payroll Vendor Payment
35,703.67
105049
04/28/2006
AARDVARK TACTICAL, INC
Accounts Payable Check
898.74
105050
04/28/2006
ACE INDUSTRIAL SUPPLY
Accounts Payable Check
161.37
105051
04128/2006
ALL ABOUT PRODUCE, CORP.
Accounts Payable Check
1,382.05
105052
04/28/2006
ALLIED HAND DRYER
Accounts Payable Check
880.00
105053
04/28/2006
AMERICAN MARBORG
Accounts Payable Check
157.93
105054
04/28/2006
AMI PIPE & SUPPLY
Accounts Payable Check
351.14
105055
04/28/2006
ANTECH DIAGNOSTICS
Accounts Payable Check
703.00
105056
04/28/2006
DIANE APPLEGATE
Accounts Payable Check
30.0
105057
04/28/2006
ARAMARK UNIFORM SERVICES
Accounts Payable Check
398.8
105058
04/28/2006
ATASCADERO CHAMBER OF COMMERCE
Accounts Payable Check
170.14
105059
04/28/2006
ATASCADERO FORD
Accounts Payable Check
2,380.11
105060
04/28/2006
ATASCADERO HAY & FEED
Accounts Payable Check
106.71
105061
04/28/2006
ATASCADERO MUTUAL WATER CO.
Accounts Payable Check
35.60
105062
04/28/2006
ATASCADERO NEWS
Accounts Payable Check
2,145.15
105063
04/28/2006
ATASCADERO RECREATION CTR COMM
Accounts Payable Check
1,750.00
105064
04/28/2006
ATASCADERO TEMPLE ASSOCIATION
Accounts Payable Check
455.00
105065
04/28/2006
B & B STEEL & SUPPLY
Accounts Payable Check
125.91
105066
04/28/2006
JENNY BALSON
Accounts Payable Check
15.66
105067
04/28/2006
BASSETT'S CRICKET RANCH,INC.
Accounts Payable Check
231.68
105068
04/28/2006
BATTERY SYSTEMS
Accounts Payable Check
379.56
105069
04/28/2006
BERGMANN NICHOLS ENTERPRISES
Accounts Payable Check
4,005.00
105070
04/28/2006
BEST BEST & KRIEGER LLP
Accounts Payable Check
25,598.50
105071
04/28/2006
BOSTON'S PET SUPPLY
Accounts Payable Check
130.50
105072
04/28/2006
CARI BOURQUIN
Accounts Payable Check
40.00
105073
04/28/2006
CASEY BRYSON
Accounts Payable Check
120.0
105074
04/28/2006
CALIFORNIA BUILDING OFFICIALS
Accounts Payable Check
375
105075
04/28/2006
CALIFORNIA J.P.I.A.
Accounts Payable Check
150.00
27
40
Check
umber
105076
105077
105078
105079
105080
105081
105082
105083
105084
105085
105086
105087
105088
105089
105090
105091
0 105092
105093
105094
105095
105096
105097
105098
105099
105100
105101
105102
105103
105104
105105
105106
105107
105108
0 105109
105110
Check
Date
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
City of Atascadero
Disbursement Listing
For the Month of April 2006
Vendor
CAROLINA BIOLOGICAL SUPPLY CO
CDW GOVERNMENT, INC.
CENTRAL COAST SEA FOOD
NANCY CHALK
CHEM CLEAN
CHEVRON
CHICAGO GRADE LANDFILL
KATHY J. CINOWALT
TIMOTHY CLEAVER
COASTAL IMAGING SUPPLIES
COASTLINE EQUIPMENT
COUNTY AUDITOR -CONTROLLER
CREDIT BUREAU
CREEK ENVIRONEMENTAL LAB, INC.
CRYSTAL SPRINGS WATER
CSK AUTO, INC.
CTM GROUP, INC.
CUESTA EQUIPMENT
DARRYL'S LOCK AND SAFE
DECOU LUMBER COMPANY
DEPARTMENT OF TRANSPORTATION
DIANE DOMINGOS
EASYLINK SERVICES CORP.
ED'S FLY MEAT, INC.
ESCUELA DEL RIO
FENCE FACTORY ATASCADERO
FERRELL'S AUTO REPAIR
FGL ENVIRONMENTAL
FIRST AM REAL ESTATE SOLUTIONS
FISHER SCIENTIFIC
FOOD FOR,LESS
GAS COMPANY
JACOB M. GEARHART
GEM AUTO PARTS
GEO-WEST LAND CONSULTANTS, INC
Description
Amount
Accounts Payable Check
218.21
Accounts Payable Check
2,329.59
Accounts Payable Check
149.25
Accounts Payable Check
20.00
Accounts Payable Check
81.85
Accounts Payable Check
1,058.00
Accounts Payable Check
260.00
Accounts Payable Check
238.00
Accounts Payable Check
145.00
Accounts Payable Check
328.19
Accounts Payable Check
528.61
Accounts Payable Check
106,296.15
Accounts Payable Check
16.36
Accounts Payable Check
2,790.00
Accounts Payable Check
179.25
Accounts Payable Check
82.01
Accounts Payable Check
240.45
Accounts Payable Check
322.22
Accounts Payable Check
25.74
Accounts Payable Check
1,132.07
Accounts Payable Check
1,280.43
Accounts Payable Check
20.00
Accounts Payable Check
0.03
Accounts Payable Check
47.00
Accounts Payable Check
226.80
Accounts Payable Check
169.96
Accounts Payable Check
207.40
Accounts Payable Check
418.00
Accounts Payable Check
100.00
Accounts Payable Check
485.16
Accounts Payable Check
186.44
Accounts Payable Check
3,418.28
Accounts Payable Check
80.00
Accounts Payable Check
617.80
Accounts Payable Check
6,461.25
28
Check
Number
105111
105112
105113
105114
105115
105116
105117
105118
105119
105120
105121
105122
105123
105124
105125
105126
105127
105128
105129
105130
105131
105132
105133
105134
105135
105136
105137
105138
105139
105140
105141
105142
105143
105144
105145
105146
29
City of Atascadero
Disbursement Listinq
For the Month of April 2006
Check
Amount 0
Date
Vendor
04/28/2006
GILBERTS LANDSCAPES
04/28/2006
KEITH GILCHRIST
04/28/2006
GLENN,BURDETTE,PHILLIPS,&
04/28/2006
KENNETH GLYNN
04/28/2006
GOLDING CONCRETE SAWING
04/28/2006
MARY ANNA GOODE
04/28/2006
GOVERNMENT FINANCE OFFICERS AS
04/28/2006
GRISANTI HARDWARE
04/28/2006
H.D. PETERSON
04/28/2006
FRANK HAARDT
04/28/2006
BRIAN J. HAMPTON
04/28/2006
HART IMPRESSIONS PRINT & COPY
04/28/2006
NATHAN HASCH
04/28/2006
HENRY SCHEIN, INC.
04/28/2006
NICOLE HIDER
04/28/2006
DAVID H I LD
04/28/2006
HOBBY SHOP
04/28/2006
DANA J. HUMPHREY
04/28/2006
KEVIN HUMPHREYS
04/28/2006
RACHEL HUNTER
04/28/2006
ISIS
04/28/2006
JACKSONVILLE ZOO & GARDENS
04/28/2006
JAS PACIFIC, INC.
04/28/2006
JOHN DEERE LANDSCAPES
04/28/2006
COURTNEY JONES
04/28/2006
JUSTIN KASCHEWSKI
04/28/2006
KIMBALL MIDWEST
04/28/2006
CAMERON R. KING
04/28/2006
MICHELLE KOLACZYK
04/28/2006
LAB SAFETY SUPPLY, INC.
04/28/2006
LAIDLAW TRANSIT SERVICES, INC.
04/28/2006
LANDSCAPES BY STACH
04/28/2006
LEE WILSON ELECTRIC CO. INC
04/28/2006
LIEBERT CASSIDY WHITMORE
04/28/2006
LINE -X OF ATASCADERO
04/28/2006
LOCATE PLUS CORPORATION
Description
Amount 0
Accounts Payable Check
270.00
Accounts Payable Check
53.63
Accounts Payable Check
2,700.00
Accounts Payable Check
278.60
Accounts Payable Check
150.00
Accounts Payable Check
40.00
Accounts Payable Check
210.00
Accounts Payable Check
157.83
Accounts Payable Check
459.11
Accounts Payable Check
2,100.00
Accounts Payable Check
34.00
Accounts Payable Check
814.86
Accounts Payable Check
123.00
Accounts Payable Check
57.68
Accounts Payable Check
60.00
Accounts Payable Check
145.00
Accounts Payable Check
702.7
Accounts Payable Check
34.0
Accounts Payable Check
185.30
Accounts Payable Check
20.00
Accounts Payable Check
1,900.00
Accounts Payable Check
383.32
Accounts Payable Check
1,653.10
Accounts Payable Check
257.24
Accounts Payable Check
349.16
Accounts Payable Check
20.00
Accounts Payable Check
55.08
Accounts Payable Check
80.00
Accounts Payable Check
20.00
Accounts Payable Check
724.11
Accounts Payable Check
14,202.34
Accounts Payable Check
570.00
Accounts Payable Check
1,200.00
Accounts Payable Check
735.0
Accounts Payable Check
400.7
Accounts Payable Check
45.00
Aft Check
umber
105147
105148
105149
105150
105151
105152
105153
105154
105155
105156
105157
105158
105159
105160
105161
105162
> 105163
105164
105165
105166
105167
105168
105169
105171
105172
105173
105174
105175
105176
105177
105178
105179
105180
0 105181
105182
Check
Date
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
04/28/2006
City of Atascadero
Disbursement Listing
For the Month of April 2006
Vendor
DAVID J. LODEN
JAMES MAKAU
MANAGED HEALTH NETWORK, INC.
MATTHEW BENDER & CO., INC.
BECKY MAXWELL
MCALLISTER OFFICE PAVILION
STEVE MCHARRIS
MCMASTER-CARR SUPPLY CO.
MICHAEL FREDERICK PAVING,INC.
MID -COAST GEOTECHNICAL, INC.
MINER'S ACE HARDWARE
JANET MINICH
MISSION UNIFORM SERVICE
MUNIFINANCIAL
MWI VETERINARY SUPPLY
NEOPOST, INC.
PAUL NETZ
NEWCO DISTRIBUTORS, INC.
O.C. TANNER
OFFICE DEPOT INC.
PACIFIC AUTO GLASS
PACIFIC COAST GYMNASTICS CENTE
PACIFIC GAS & ELECTRIC
PACIFIC GAS AND ELECTRIC
KATHLEEN A. PENCE
DEAN PERICIC
NORA PETERSON
PFEIFFER PARTNERS, INC.
PRINT LOGIC, INC.
PRO MOTION SIGNS&SPORTS
PROCARE JANITORIAL SUPPLY
PSC INDUSTRIAL OUTSCOURCING IN
GRACE L. PUCCI
QUILL CORPORATION
RECALL SECURE DESTRUCTION SERV
Description
Amount
Accounts Payable Check
51.00
Accounts Payable Check
30.00
Accounts Payable Check
284.35
Accounts Payable Check
104.79
Accounts Payable Check
68.21
Accounts Payable Check
5,370.24
Accounts Payable Check
59.00
Accounts Payable Check
97.45
Accounts Payable Check
775.00
Accounts Payable Check
1,538.00
Accounts Payable Check
690.99
Accounts Payable Check
40.00
Accounts Payable Check
29.90
Accounts Payable Check
2,307.88
Accounts Payable Check
368.24
Accounts Payable Check
695.62
Accounts Payable Check
123.00
Accounts Payable Check
1,138.30
Accounts Payable Check
1,004.88
Accounts Payable Check
1,070.88
Accounts Payable Check
293.91
Accounts Payable Check
71.40
Accounts Payable Check
2,000.00
Accounts Payable Check
25,376.02
Accounts Payable Check
4,125.82
Accounts Payable Check
280.00
Accounts Payable Check
20.00
Accounts Payable Check
820.00
Accounts Payable Check
70.00
Accounts Payable Check
840.40
Accounts Payable Check
336.06
Accounts Payable Check
1,180.00
Accounts Payable Check
412.50
Accounts Payable Check
82.43
Accounts Payable Check
61.53
30
Check
Number
105183
105184
105185
105186
105187
105188
105189
105190
105191
105192
105193
105194
105195
105196
105197
105198
105199
105200
105201
105202
105203
105204
105205
105206
105207
105208
105209
105210
105211
105212
105213
105214
105215
105216
105217
105218
31
City of Atascadero
Disbursement Listing
For the Month of April 2006
Check
Date Vendor
04/28/2006
REDWOOD TOXICOLOGY LABORATORY
04/28/2006
NEAL REED
04/28/2006
STEVE ROMO
04/28/2006
JULIE ROSENTHAL
04/28/2006
SAN LUIS OBISPO COUNTY VISITOR
04/28/2006
SANTA MARIA TIRE, INC.
04/28/2006
SANTA MARIA TOOL, INC.
04/28/2006
SBC
04/28/2006
SBC/MCI
04/28/2006
SHARON SCHAFER
04/28/2006
MICHELE SCHAMBER
04/28/2006
LISETTE SCHOLL
04/28/2006
SCIENCE AND CONSERVATION CTR
04/28/2006
SHELL
04/28/2006
SIGMUND PHYSICIAN SERVICES INC
04/28/2006
SIGN OUTLET
04/28/2006
SIMS FIRE PROTECTION, INC.
04/28/2006
SHANNON SIMS
04/28/2006
SKILLPATH SEMINARS
04/28/2006
SMART AND FINAL
04/28/2006
DAVID L. SMAW
04/28/2006
JASON SMITH
04/28/2006
SOSTRIN CONSULTING
04/28/2006
SPECTRUM COLOR IMAGES
04/28/2006
KATE STEINBECK
04/28/2006
STERLING COMMUNICATIONS
04/28/2006
KURT W. STONE
04/28/2006
SUN BADGE COMPANY
04/28/2006
SUPERIOR QUALITY COPIERS, INC.
04/28/2006
T -N -T PEST CONTROL
04/28/2006
TAYLOR RENTAL CENTER
04/28/2006
TECHDEPOT
04/28/2006
TEMPLETON UNIFORMS
04/28/2006
TESCO CONTROLS, INC.
04/28/2006
TESORO
04/28/2006
TOM'S MECHANICAL & HYDRAULIC
Description
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Amount
33.50
20.00
51.00
53.60
500.00
2,087.15
911.43
16.24
363.50
30.00
20.00
112.70
66.08
77.95
1,500.00
3,255.66
280.
jb
6.
199.00
186.30
34.00
40.00
2,040.00
1,058.94
58.18
111.11
120.00
51.51
1,187.75
88.00
50.83
409.48
32.83
350.0
7,610
42.00
Check
umber
105219
105220
105221
105222
105223
105224
105225
105226
105227
105228
105229
105230
105231
105232
105233
105234
105235
105236
105237
105238
105239
City of Atascadero
Disbursement Listing
For the Month of April 2006
Check
Date
Vendor
04/28/2006
MARCIA TORGERSON
04/28/2006
TRIBUNE
04/28/2006
SUZANNE TURNER
04/28/2006
U.S. POSTMASTER
04/28/2006
GREGORY UGARTE D.V.M.
04/28/2006
ULTREX BUSINESS PRODUCTS
04/28/2006
UNION ASPHALT, INC.
04/28/2006
UNION BANK OF CALIFORNIA, N.A.
04/28/2006
UNITED STAFFING ASSOCIATES
04/28/2006
UNIVERSAL SPECIALTIES, INC.
04/28/2006
USA BLUE BOOK
04/28/2006
ELISSA VALDIVIA
04/28/2006
VALMONT INDUSTRIES, INC.
04/28/2006
VERIZON WIRELESS
04/28/2006
WALLACE GROUP
04/28/2006
TOM WAY
04/28/2006
BRIAN WESTERMAN
04/28/2006
WESTERN FARM SERVICE, INC.
04/28/2006
WESTERN JANITOR SUPPLY
04/28/2006
LAURIE WYLIE
04/28/2006
WYSONG CONSTRUCTION
Description
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Amount
47.61
3,146.48
30.00
1,436.84
100.00
839.46
557.16
875.00
3,840.00
44.04
2,479.76
30.00
12,946.86
932.56
5,244.80
60.00
123.00
2,150.45
198.90
20.00
84,712.00
$ 1,348,599.49
32
ITEM NUMBER: A - 3
DATE: 06/13/06
1818 1-97-9
�►9CAD�
A tasca dero City Council April 2006
Staff Report - City Treasurer
April 2006 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for April 2006
REPORT IN BRIEF:
Cash and Investments
Checking
$ 214,592
Money Market Accounts
2,089
Certificates of Deposit
8,308,998
Government Securities
8,587,680
. LAIF
15,676,944
Cash with Fiscal Agents
149,677
Cash in Banks at April 30, 2006
$ 32,939,980
Deposits in Transit
Outstanding Checks
(475,191)
Cash and Investments at April 30, 2006
$ 32,464,789
� 0
Investment Activit
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
04/24/06 Fed. Home Loan Mtg. govt security $ 295,650 11/01/10
Securities Matured:
None
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities;
None
Page 1 of 15
34
35 Page 2 of 15
CITY OF ATASCADERO
TREASURER'S REPORT
CASH& INVESTMENTS ACTIVITYSUMMARY
FOR THE MONTH OF APRIL 2006
.
CHECKING
FISCAL
ACCOUNT INVESTMENTS
AGENT
TOTALS
Balance per Banks at
April 1, 2006
$ 849,968 $ 30,149,636
$ 149,161
$ 31,148,765
Receipts
3,568,513 135,425
516
3,704,454
Disbursements
(1,930,239) -
-
(1,930,239)
Transfers In from
Redevelopment LAW
17,000 -
-
17,000
Transfers In
750,000 3,040,650
3,790,650
Transfers Out
(3,040,650) (750,000)
-
(3,790,650)
Balance per Banks at
April 30, 2006
$ 214,592 $ 32,575,711
$ 149,677
32,939,980
Deposits in Transit
-
Outstanding Checks
(475,191)
Adjusted Treasurer's Balance
$ 32,464,789
35 Page 2 of 15
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City of Atascadero
Investments by Type
April 2006
Government Securities
26%
Cash with
Fiscal Agent
1% Other
25%
Investment
April 2006
LAIF
$ 15,676,944
Certificates of Deposit
8,308,998
Government Securities
8,587,680
Cash with Fiscal Agent
149,677
Other
2,089
$ 32,725,388
45 Page 12 of 15
* I
* I
10
City of Atascadero
Investments by Maturity
April 2006
One Month
Investment April 2006
On Demand $ 15,679,033
Within One Month -
One Month to One Year 1,339,919
One to Five Years 15,556,759
$ 32,575,711
Page 13 of 15
48%
46
City of Atascadero
Investments by Custodial Agent
April 2006
Custodial Agent April 2006
State of California $ 15,676,944
Other 52,285
Union Bank 16,846,482
Bank of New York 149,677
$ 32,725,388
47 Page 14 of 15
'ork
91
0 �
•
10
City of Atascadero
Investment Yield vs. 2 -Year Treasury Yield
For the Month Ended April 30, 2006
4.50%
4.00% a ti
M
3
35010
3.00°/DNil
*+w w
0,
2.50%
{'.
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1.50%
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2(� n 06
rcO �O ryO �O �O
City Yield 2 -Yr Treasury Weighted Portfolio Yield
10
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
Page 15 of 15
2 -Yr
Treasury
Weighted
Portfolio
City Yield
Yield
-
2.99%
- 3 19��
3.08%
3.20%
3.28%
3.09%
3.34%
3.22%
3.45%
3.28%
3.54%
3.21%
3.60%
3.33%
3.71%
3.41%
3.79%
3.49%
3.88%
3.52%
3.97%
3.68%
4.03%
3.71%
4.13%
3.87%
Page 15 of 15
•
•
Atascadero City Council
Staff Report Public Works Department
Engineering Services
RECOMMENDATION:
ITEM NUMBER: A-4
DATE: 6/13/06
Council authorize the City Manager to enter into ongoing contracts for contract
engineering services with firms on the "General Engineering Services Qualified Firm
List."
DISCUSSION:
The City uses Engineering firms for capital improvement project design services,
preparation of plans and technical specifications, preparation of construction estimates
and construction support for a variety of public infrastructure capital improvement
projects. The City has several capital projects planned and funded for fiscal years
2005-2007 which will require engineering services.
Contracting for Engineering Services from an established list, is allowed in Section V of
the City Purchasing Policy as an ongoing professional service. This allows the City to
hire Engineering firms for funded capital projects as needed.
On February 28, 2006, staff solicited proposals from qualified engineering firms for the
purpose of establishing a list to provide Engineering Services for the Public Works
Department on an as needed basis.
Proposals were received from eight firms. The proposals were reviewed for
qualifications, previous experience, references and cost. All eight firms were found to
be qualified and staff is recommending that they all be placed on the "Engineering
Services Qualified Firm List."
50
ITEM NUMBER: A-4
DATE: 6/13/06
FISCAL IMPACT: •
The costs of Engineering Services are billed directly to the capital project accounts.
ATTACHMENT:
Attachment "A" - Engineering Services Qualified Firm List
51
I*
I*
10
ITEM NUMBER:
DATE:
CITY OF ATASCADERO
ENGINEERING SERVICES
QUALIFIED FIRMS LIST
June 2006
Firm
Engineering
Projects
Cannon Associates
Yes
364 Pacific Street
Sari Luis Obispo CA 93401
EMK & Associates, Inc.
Yes
1005 Railroad
Paso Robles CA 93446
North Coast Engineering
Yes
725 Creston Road, Suite B
Paso Robles, CA 93446
Wallace Group
Yes
4115 Broad Street
San Luis Obispo, CA 93401
Geo -West Land Consultants,
Yes
Inc.
5225 Traffic Way, Suite 104
Atascadero, CA 93422
Triad/Holmes Associates
Yes
555 Chorro Street, Suite A
San Luis Obispo, CA 93405
Tartaglia Engineering
Yes
7360 EI Camino Real, Suite E
P.O. Box 1930
Atascadero, CA 93423
EDA Design Professionals
Yes
P.O. Box 1829
San Luis Obispo, CA 93406-
1829
Approved by the City Council
A-4
6/13/06
52
I 9
•
is
A tascadero
council
Staff Report - Public Works Department
ITEM NUMBER: B-1
DATE: 06/13/06
Hwy 101/41 Interchange Funding
RECOMMENDATIONS:
Council:
1. Receive a report from Staff on updated information on the Hwy 101/41
Interchange options, San Luis Obispo Council of Governments June 7th
meeting and the California Transportation Commission June 8th meeting;
and,
2. Direct Staff on the preferred option for the Hwy 101/41 Interchange
Project.
DISCUSSION:
Background: The Highway 101/41 Interchange is a significant regional hub for travel
from the central valley to the coast, and from Northern California to Southern California.
Also, this interchange serves local residents commuting within Atascadero. The 101/41
Interchange is operating at a poor level of service during peak hours, and traffic is
backing up on local roads and the Hwy 101 ramps. This is caused by the increase in
the volume of traffic using the interchange.
The City prepared a Project Study Report (PSR) in 1994 to investigate changes to the
interchange that would provide a better level of service. Modification to the Interchange
was funded in the 1998 State Transportation Improvement Program (STIP) and
Caltrans began environmental review and design. The estimated construction cost was
$4.8 million and right-of-way was $1.1 million.
Caltrans studied the traffic volumes using the interchange in 2000 and found them
much ' higher than expected. This caused Caltrans to redesign the project by adding
another lane under Hwy 101. The construction cost then escalated to $11.1 million. An
additional $7.0 million was added to the project in 2002 to cover this increase.
54
ITEM NUMBER: B-1
DATE: 06/13/06
The project stalled between 2002 and 2004 due to the California Transportation •
Commission (CTC) not allocating funding to proceed with the right-of-way. From 2004
to the present construction prices have exploded. Concrete and steel prices are at an
all time high. $3.68 million were added to the project in February 2006 to make the
project fully funded. In late March 2006 Caltrans completed another construction cost
estimate on the project and found that the current projected costs are as follows:
Planning and environmental support:
$1.75 million
Design
$3.10 million
Right-of-way support
$1.35 million
Construction support
$1.65 million
Right-of-way capital
$4.01 million
Construction cost
$20.5 million
Total
$32.36 million
This means an additional $11.14 million dollars is needed to make the construction and
right-of-way fully funded and $3.26 million is needed to fully fund support costs. At their
April meeting the San Luis Council of Governments (SLOCOG) Board approved the
following:
1) Add $6.0 million to the construction and right-of-way fund.
2) Put off funding $3.26 million in support costs to the 2008 STIP.
3) Perform a Value Analysis (VA) study on the project to look for costs saving.
4) Continue the right-of-way acquisition for the project.
5) Get the project out to bid as soon as possible.
This leaves $5.14 million in construction and right-of-way costs unfunded.
To address the short fall SLOCOG Board recommended a Value Analysis (VA) study
be performed. A "VA" study is a short high intensity study that uses a specialized
focused team to break the project apart to look for cost saving while still keeping the
intent of the project intact.
The VA study team met from April 20 to April 25, 2006 and came up with two options
that could save the unfunded construction and right-of-way costs. They are:
1) Constructing three bridges instead of one bridge over SR 41, using asphalt instead
of concrete on Hwy 101, removing color from the concrete structure and closing the
northbound Hwy 101 onramp during construction.
2) Do not replace ` the Hwy 101 Bridge and construct round -a -bouts where SR 41
intersects the south bound ramps and EI Camino Real. They also recommended the
closure of the north bound Hwy 101 onramp during construction.
55
ITEM NUMBER: B -1
DATE: 06/13/06
At the City Council on May 23rd Caltrans and SLOCOG provided a public workshops on
the two options and updated the Council on the issues. In the update Caltrans reported
they had not completed estimated redesign times and cost savings for the two options.
They also reported there may be costs savings that can be realized on the existing
project.
The next step is to gain an extension for the California Transportation Commission
(CTC) for the project. The Project has run out of time under the State "use it or lose it"
policy. Caltrans must request a "one time" extension from the CTC at their June 8t"
meeting. They are requesting the maximum of 20 months, but are not sure it will be
granted. It is estimated the redesign may take that long to complete. City Staff will be
attending the CTC meeting, along with Caltrans and SLOCOG, to support the time
extension.
Summary: Caltrans and SLOCOG will have new information on this project. Staff will
work with these agencies to develop the information and report to Council.
FISCAL IMPACT:
Unknown. Cost and options have not been fully reported by Caltrans and SLOCOG.
0
•
56
n
r:
ITEM NUMBER
DATE:
Atascadero City Council
Staff Report - City Manager's Office
Acquisition of Paloma Park
(045-323-001)
B-2
06/13/06
RECOMMENDATIONS:
Council:
1. Adopt a Draft Resolution authorizing the purchase of Paloma Park from
the State of California; and,
2. Approve the attached purchase agreement and purchase price, not to
exceed $900,000; and,
3. Authorize the Administrative Services Director to appropriate $900,000
from the Park Impact Fees.
DISCUSSION:
The existing site of Paloma Park, located on the corner of Viejo Camino and Halcyon
Road, is owned by the State of California. The park serves as the City's primary sports
park with facilities for soccer, softball and baseball. The 19 acre site, zoned for
recreation use, has been leased to the City for many years. The 20 -year lease on the.
site expired in 2004 and the state of California Department of General Services (DGS)
has indicated the lease will not be renewed as the site has been declared surplus
property.
DGS has received an official appraisal on the site. The site has appraised for $1.8
million. The appraisal has been certified by the state and City staff has reviewed it.
There are some concerns with the DGS appraisal and, based on several facts, staff
believes that the appraised value is high. Concerns include:
o Comparable properties that form the basis of the appraised value are all adjusted
based off of residential parcels, not recreational parcels, creating a situation
where the value adjustments are subjective and substantial;
o Unusable portions of the property were included in the value including property
located in the flood plain and portions of the property under public rights-of-way;
and,
58
ITEM NUMBER: B - 2
DATE: 06/13/06
o Limitations contained in the General Plan and in zoning regulations were not
addressed.
Based on these facts, the City negotiated to have the right to submit our own appraisal.
The City's appraisal values the property at $1,500,000, $300,000 less than the state
estimate. Using these appraisals as a basis, the final purchase price is being
negotiated by both sides. If agreement can't be reached a third, appraiser will determine
the value.
The legislation that authorizes the property to be sold is Chapter 417/1996 Parcel no. 8.
The legislation states, Approximately 19.5 acres of excess land at Atascadero State
Hospital, located on the corner of Viejo and Halcyon Road, City of Atascadero, San Luis
Obispo County. Specific parcels available for sale or lease to be determined through
study jointly approved by the Department of General Services and the State Department
of Mental Health." According to the legislation, the parcel does not have to be sold to
the City, but under Government Code Section 11011 the City has priority over any
public -sale. DGS must first offer the property to other State agencies and then to the
local government. If the City is using the property for the park then DGS may sell at
50% of value, (at this time) included in the sale will be a deed restriction to keep the
property for a public park.
The. appraisal values 25 acres of land, not the existing 19 acre park. This acreage
includes properties northeast of the park (1.75 acres) on the corner of Halcyon Road
and Viejo Camino (.85 acres) and the surrounding property to the centerline of the
street (approx 3 acres).
Staff has been in contact with Assemblyman Blakeslee's office and Senator
Maldonado's office throughout the negotiations process. It appears that a lease
arrangement is no longer available and state funding is not available to assist with the
purchase. Staff has focused on lowering the purchase price as much as possible. We
will continue to work with our elected officials in this effort.
FISCAL IMPACT:
The purchase of the park will cost up to $900,000. Funds are not available for purchase
of the park. Staff is recommending that $900,000 be advanced from park impact fees
for purchase of the park. The advance will be repaid by development fees as they are
collected in the future.
ALTERNATIVES:
1. Do not respond to the state and allow Paloma Park to be sold to the private
sector.
ATTACHMENTS:
Attachment A: Draft Resolution
Attachment B: Sales Agreement
59
40 �
• DRAFT RESOLUTION
•
ITEM NUMBER: B - 2
DATE: 06/13/06
ATTACHMENT "A"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING THE PURCHASE OF
PALOMA PARK FROM THE STATE OF CALIFORNIA DEPARTMENT
OF GENERAL SERVICES
WHEREAS, the City of Atascadero has been leasing the 20 -acre Paloma Park site from
the state of California for nearly 30 years; and,
WHEREAS, the State of California Department of General Services has categorized the
park parcel as surplus land and is offering the park for sale to the City; and,
WHEREAS, the City desires to purchase the park site and maintain the area as one of the
City's primary recreation facilities; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. The City Council approves the purchase of Paloma Park from the state of
California.
SECTION 2. The City Council authorizes the City Manager to conduct negotiations, and
execute all documents related to the acquisition of the property.
AYES:
NOES:
:O•'1 0
Attest:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
CITY OF ATASCADERO
Tom O'Malley, Mayor
60
ITEM NUMBER: B-2
DATE: 06/13/06
SALES AGREEMENT*
* ANY SALES OF SURPLUS PROPERTY WILL REQUIRE THAT THE BUYER EXECUTE
A SALES AGREEMENT SUBSTANTIALLY IN THE FORM OF THIS SALES
AGREEMENT
Revised 2006-05-31
61
•I
ITEM NUMBER: B-2
DATE: 06/13/06
SALES AGREEMENT
CITY OF ATASCADERO
PURCHASE OF PALOMA CREEK PARK
STATE SURPLUS REAL PROPERTY NO. SSL 581.P
This Sales Agreement (Agreement) is made and entered into on this 14th day of June, 2006, by
and between the STATE OF CALIFORNIA, acting by and through the Department of General
Services, with the approval of the State Public Works Board (STATE), and City of Atascadero
(BUYER), collectively "PARTIES".
RECITAL
STATE owns that certain real property located San Luis Obispo County, California, which
pursuant to Section 11011 et seq. of the Government Code, and as authorized by Chapter 417,
Statutes of 1996, authorizes the Director of the Department of General Services, with the
approval of the State Public Works Board, to sell exchange, or lease for current market value, or
for any lesser consideration authorized by law, approximately 25 acres of excess land located on
the corner of Viejo and Halcon Road, City of Atascadero.
AGREEMENT
In consideration of the foregoing Recitals and for other good and valuable consideration, the
PARTIES agree as follows:
L PROPERTY
1.1 Property. STATE agrees to sell and convey to BUYER, and BUYER agrees
to purchase from STATE, the real property (Property), hereinafter described, subject to the terms
and conditions set forth in this Agreement. The real property that is the subject of this offer
consists of: Paloma Creek Park consisting of approximately 25 acres. The real property that is
the subject of this offer is:
located in the City of Atascadero, County of San Luis Obispo, State of California, and commonly
known as Paloma Creek Park, a community park at the junction of Viejo Camino and Halcon
Road legally described as follows:
LOTS 2 THROUGH 11, INCLUSIVE OF BLOCK 67 OF ATASCADERO COLONY, IN THE
CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO AMENDED MAP RECORDED JULY 6, 1915 IN BOOK 3 AT PAGE 99A
OF MAPS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF
ADJACENT STREETS OR ALLEYS.
•
62
ITEM NUMBER: B-2
DATE: 06/13/06
2. PURCHASE PRICE
2.1 Purchase Price. The total purchase price to be paid by BUYER to STATE for
Property shall be fifty percent (50%) of the approved appraised value of the property. Should
BUYER NOT AGREE WITH THE STATES APPROVED APPRAISED VALUE Buyer shall
hire an appraiser at BUYER'S expense to estimate the fair market value: If the fair market value
as shown in the two appraisal reports differs by ten percent (10%) or less of the lower appraisal,
the purchase price shall be the average of the two determinations of fair market value. If the fair
market value under the two appraisal reports differs by more than ten percent (10%) of the lower
appraisal, and STATE and BUYER cannot agree upon a purchase price, then within fifteen (15)
business days following delivery by BUYER of its appraisal to STATE, the PARTIES shall
agree upon the identity of a third appraiser who is licensed, with at least fifteen (15) years'
experience appraising land similar to the Property in San Luis Obispo County. The third
appraiser shall not have previously been engaged or employed by either party for consultation on
or evaluation of the Property. The third appraiser shall, within fifteen (15) business days
following engagement, determine which of the two previous appraisals most closely
approximates his or her estimate of fair market value, and the market value selected shall be the
acquisition price. Each party shall pay the fees of its own appraiser and shall share equally the
fees of the third appraiser.
3. CONDITIONS OF SALE
3.1 Acceptance. STATE'S acceptance will be by action of the State Public
Works Board at a duly noticed public hearing after BUYER completes a period of Due Diligence
as defined in Section 6. STATE'S acceptance process typically takes thirty (30) to sixty (60)
calendar days, but in no event will acceptance occur prior to the end of the Due Diligence period,
unless BUYER waives a portion of the due diligence period in accordance with Paragraph 6.4.
STATE will notify BUYER of the date, time, and location of the State Public Works Board
hearing at which the Board will consider the transaction for authorization and acceptance.
3.2 Acknowledgment. BUYER hereby acknowledges and agrees STATE
must obtain authorization of the State Public Works Board and said authorization will
constitute acceptance of this offer. BUYER further acknowledges that neither the
preparation or presentation of this offer, nor the negotiations leading to this offer, create any
obligation or commitment on the part of STATE to accept BUYER'S offer. Only when the
State Public Works Board authorizes the transaction and STATE communicates such
authorization and acceptance to BUYER in writing will STATE be obligated to accept
BUYER'S offer. This Agreement has no force and effect and is not binding on the State of
California until and unless itis authorized by the State Public Works Board at duly noticed
public meeting.
3.3 Buyer's Costs. BUYER shall pay all survey cost, recording fees,
documentary transfer taxes, escrow fees, policies of title insurance, and any other costs
connected with the closing of this transaction.
3.4 Title and Escrow Title to said Property shall pass immediately upon close of
escrow. The issuance of any escrow instructions shall be the sole responsibility of the STATE
and shall govern the escrow. STATE has opened an escrow account with Cuesta Title
Company (Escrow Holder),7350 Morro Road, Atascadero, California, 93422; telephone
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ITEM NUMBER: B-2
DATE: 06/13/06
number: (805) 466-3930. The escrow account established for this transaction is:
0 3.5 Close of Escrow. Escrow shall close on December 29, 2006, or sooner but
after State Public Works Board authorization as described in Section 3.1,.
3.6 Other Conditions. This Agreement is subject to the following conditions
1. Power of Termination:
This conveyance is made on the condition that the City of Atascadero intends to utilized the
property for a public benefit as a City Park. If City breaches this use condition, the STATE shall
be entitled to enter and terminate the City's right, title and interest in the property and revest title
in the name of the State of California. These powers of termination shall be superior to any other
liens and claims and if the power of termination is exercised by STATE the property shall
transfer back to the STATE free and clear of any liens or encumbrances.
2. Buyer's Acceptance:
Buyer's acceptance shall be subject to receiving a City Council Resolution approving of the
purchase of the Park, to be obtained no later than June 15, 2006.
3.7 Further Documents and Assurances. BUYER and STATE shall each,
diligently and in good faith, undertake all actions and procedures reasonably required to place
the escrow in condition for closing as and when required by this Agreement. BUYER and
STATE agree to execute and deliver all further documents and instruments reasonably required
by the escrow holder or Title Company. STATE shall deliver or cause to be delivered to escrow
holder in time for delivery to BUYER at the closing an original ink signed Quitclaim Deed, duly
executed and in recordable form, conveying fee title to the Property to BUYER.
4. SELLER'S REPRESENTATIONS, WARRANTIES, AND DISCLOSURES
In addition to any express agreements of STATE contained herein, the following constitute
representations and warranties of STATE to BUYER, of this Agreement:
4.1 - Reliability of Information. STATE obtained the information contained in this
Agreement from sources deemed reliable; however, STATE makes no guarantees as to the
accuracy of the information provided. STATE provides the information solely as an aid to
interested parties and recommends interested parties conduct their own "off-site" investigations
of the Property prior to submitting an offer. STATE will allow the successful offeror an
opportunity to conduct "on-site" investigations of the Property during the due diligence period
defined in Section 6.
4.2 Authority of State. STATE is a government entity, duly organized and
validly existing under the laws of the State of California. STATE, with the authorization of the
State Public Works Board, has full power and authority to own, sell, and convey the Property to
BUYER and to enter into and perform its obligations pursuant to this Agreement.
4.3 Taxes. STATE is exempt from property taxes and assessments and none are
or will be owing at close of escrow.
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ITEM NUMBER: B-2
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4.4 Disclosures. BUYER acknowledges that BUYER is purchasing the Property
solely in reliance on BUYER'S own investigations, as listed in the Due Diligence section or
otherwise herein or at any other time or in any other manner. No representations or warranties of
any kind whatsoever, expressed or implied, have been made by STATE, STATE's agents, or
brokers, including in any investigations, studies or documents identified under Section 4.6
below. BUYER further acknowledges and warrants that as of the close of escrow BUYER will
be aware of all zoning regulations, other governmental requirements, site and physical conditions
(including the presence of hazardous materials or other adverse environmental conditions), and
other matters affecting the use and condition of the Property including any investigations,
studies, and documents identified in section 4.6. BUYER agrees to purchase the Property in the
condition that it is in at close of escrow, subject, however, to BUYER'S right to terminate should
the Property be damaged or destroyed by causes other than causes attributable to BUYER'S
entry on the Property and inspections ordered by BUYER prior to close of escrow. BUYER
shall be responsible at BUYER'S sole expense for all remediation required to make Property
usable for BUYER'S intended purpose.
4.5 As -Is Purchase. Except as provided in paragraph 4.4, BUYER specifically
acknowledges and agrees that STATE will sell and BUYER will purchase the Property on an
"as -is with all faults" basis, and that having been given the opportunity to inspect the Property
and review information and documentation affecting the Property, BUYER is not relying on any
representations or warranties of any kind whatsoever, express or implied, from STATE or, its
agents as to any matters concerning the Property, including without limitation: (i.) the quality,
nature, adequacy, and physical condition of the Property including soils, geology, and any
groundwater; (ii.) the existence, quality, nature, adequacy, and physical condition of utilities
serving the Property; (iii.) the development potential of the Property and the Property's use,
merchantability, fitness, suitability, value, or adequacy of the Property for any particular
purpose; (iv.) the zoning or other legal status of the Property or any other public or private
restrictions on use of the Property; (v.) the compliance of the Property or its operation with any
applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, and restrictions
of any governmental or quasi -governmental entity or of any other person or entity; (vi.) the
presence of hazardous materials on, under, or about the Property or the adjoining or neighboring
property; (vii.) the condition of title to the Property; and (viii.) the economics of the operation of
the Property.
4.6 Existing Investigations, Studies, and Documents. BUYER has knowledge of
the following investigations, studies, and documents as provided by STATE in connection with
his/her decision to purchase the Property. These reports and documents relating to the Property
disclosed by STATE are true and correct originals or copies thereof. STATE makes no
representations or warranties nor expresses or implies any opinion concerning their accuracy.
1. Preliminary Title Report, from Cuesta Title, dated December 7, 2005
2. State's Appraisal Report, Bruce Beaudoin & Associates, Inc. dated March 2, 2006
4.7 Absence of Fraud and Misleading Statements. To the best of STATE'S
knowledge, no statement of STATE in this Agreement or in any document, certificate, or
schedule furnished or to be furnished to BUYER pursuant hereto or in connection with the
transaction contemplated hereby contains any untrue statement of material fact.
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ITEM NUMBER: B-2
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4.8 General Representation. No representation, warranty or statement of STATE
in this Agreement or in any document, certificate or schedule furnished or to be furnished to
BUYER pursuant hereto contains or will contain any untrue statement of a material fact or omits
or will omit to state a material fact necessary to make the statements or facts contained therein
not misleading.
STATE's representations and warranties made in this Agreement shall be continuing and shall be
true and correct as of the date of the close of escrow with the same force and effect as if remade
by STATE in a separate certificate at that time. The truth and accuracy of STATE's
representations and warranties made herein shall constitute a condition for the benefit of BUYER
to the close of escrow (as elsewhere provided herein) and shall not merge into the close of
escrow or the recordation of the quitclaim deed in the Official Records, and shall survive the
close of escrow.
5. BUYER'S REPRESENTATIONS AND WARRANTIES
In addition to any express agreements of BUYER contained herein, the following constitute
representations and warranties of BUYER to STATE, of this Agreement:
5.1 Representations Regarding BUYER'S Authority.
(a) BUYER has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the
transactions contemplated hereby. BUYER'S officers executing this
Agreement are duly and properly holding their respective offices and are
fully authorized to execute this Agreement.
(b) The individuals executing this Agreement and the instruments
referenced herein on behalf of BUYER have the legal power, right, and
actual authority to bind BUYER to the terms and conditions hereof and
thereof.
(c) This Agreement is, and all other instruments, documents and
agreements required to be executed and delivered by BUYER in
connection with this Agreement are and shall be, duly authorized,
executed and delivered by BUYER and shall be valid, legally binding
obligations of and enforceable against BUYER in accordance with their
terms.
5.2 General Representation. No representation, warranty or statement of BUYER
in this Agreement or in any document, certificate or schedule furnished or to be furnished to
STATE pursuant hereto contains or will contain any untrue statement of a material fact or
omits or will omit to state a material fact necessary to make the statements or facts contained
therein not misleading.
BUYER'S representations and warranties made in this Agreement shall be continuing and shall
be true and correct as of the date of the close of escrow with the same force and effect as if
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ITEM NUMBER: B - 2
DATE: 06/13/06
remade by BUYER in a separate certificate at that time. The truth and accuracy of BUYER'S
representations and warranties made herein shall constitute a condition for the benefit of
STATE to the close of escrow (as elsewhere provided herein) and shall not merge into the
close of escrow or the recordation of the quitclaim in the Official Records, and shall survive
the close of escrow.
6. DUE DILIGENCE
6.1 Buyer's Investigation of Property Condition. Real property often contains
defects and conditions which are not readily apparent and which may affect the value or
desirability of the Property. Therefore, it is the affirmative duty of BUYER to exercise
reasonable care to discover those facts which are unknown to BUYER or within the diligent
attention and observation of BUYER. BUYER agrees to provide to STATE, at no cost, upon
request of STATE, complete copies of all inspection reports obtained by BUYER concerning the
Property.
6.2 Buyer's Acceptance of Property Condition. BUYER'S acceptance of the
condition of the Property is a contingency of this Agreement; accordingly, BUYER shall have
the right to conduct inspections, investigations, tests, surveys, and other studies at BUYER'S
expense. BUYER is strongly advised to exercise these rights and select professionals with
appropriate qualifications to conduct inspections of the entire Property. If BUYER does not
exercise these rights, BUYER is acting against the advice of STATE.
6.3 Scope of Buyer's Investigations. BUYER agrees and warrants, or by the
failure to do so shall have waived any rights to do so hereunder, that at close of escrow BUYER
shall have investigated the condition and suitability of all aspects of the Property and all matters
affecting the value or desirability of the Property, including but not limited to the following:
6.3.1 Condition of systems and components. Foundation, plumbing,
siding, electrical, heating, mechanical, roof, air conditioning, built-in appliances,
security, and any other structural or nonstructural systems and components,
and the energy efficiency of the Property.
6.3.2 Size and age of improvements. Room count, room dimensions,
square footage in improvement, lot size, and age of the improvements.
6.3.3 Lines and boundaries. Property lines and boundaries.
6.3.4 Waste disposal. Type, size, adequacy, and condition of sewer
and/or septic systems and components.
6.3.5 Governmental requirements and limitations. Availability of
required governmental permits, inspections, certificates, or other determinations
affecting the Property, including historical significance. Any limitations,
restrictions, zoning, building size requirements, or other requirements effecting
the current or future use or development of the Property.
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ITEM NUMBER: B-2
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6.3.6 Rent and occupancy controls. Any restrictions that may limit the
amount of rent that can legally be charged and the maximum number of
persons who can lawfully occupy the Property.
6.3.7 Water and utilities; well systems and components. Availability,.
adequacy, and condition of public or private systems.
6.3.8 Environmental hazards. The presence of asbestos, formaldehyde,
radon, methane, other gases, lead based paint, other lead contamination, fuel or
chemical storage tanks, waste disposal sites, electromagnetic fields, and other
substances, materials, products, or conditions.
6.3.9 Geologic conditions. Geologic/seismic conditions, soil
stability/suitability, and drainage.
6.3.10 Neighborhood, area, subdivision requirements. Neighborhood or
area conditions including schools; proximity and adequacy of law enforcement;
proximity to commercial, industrial, or agricultural activities; crime statistics; fire
protection; other governmental services; existing and proposed transportation;
construction and development which may affect noise, view or traffic; airport
noise; and noise or odor from any source, wild or domestic.
6.3.11 Matters of record. Covenants, conditions, and restrictions; deed
restrictions; easements; and other title encumbrances of record.
6.3.12 Other matters. Any and all other matters such as availability of
suitable public infrastructure, assessment, other special service districts, and
soil or other conditions on the Property, not herein listed, which are or may be
pertinent to BUYER'S purpose for acquiring the Property.
6.3.13 Additional Investigations and Studies. BUYER intends to conduct
the following investigations and/or studies of the Property (Attach extra sheets if
necessary. Indicate "N/A" in this section if no additional investigations
requested.):
1
2.
6.4 Buyer's Inspection Period. The Due Diligence inspection period shall begin
on the day BUYER receives City Councils approval to purchase the Park, but no later than June
15, 2006. The Due Diligence period shall continue for a period of no more than Sixty calendar
(60) days. BUYER must specify all proposed investigations and/or studies in Paragraph 6.3.13
of this Agreement. BUYER may waive all or a portion of the Due Diligence period by
informing STATE of such waiver in writing.
0 6.5 Intentionally deleted
6.6 Buyer's Removal of Contingencies. Within sixty calendar (60) days of
BUYER'S execution of agreement, BUYER must remove any and all of BUYER'S
ITEM NUMBER: B-2
DATE: 06/13/06
contingencies to the purchase of the Property in writing and submit such written notification to
STATE.
6.7 State Public Works Board Notification. Within sixty calendar (60) days of
BUYER'S execution of agreement, and removal of BUYER'S contingencies, STATE shall
recommend the offer for authorization and acceptance to the State Public Works Board. STATE
will notify BUYER of such in writing by certified mail, return receipt.
6.8 Withdrawal of Offer. If BUYER wishes to withdraw the offer, BUYER shall
deliver to STATE a written withdrawal notice no later than the last day of BUYER'S Due
Diligence review period stating that BUYER'S inspections of the Property have disclosed a
defect or defects in the Property and describing such defect or defects with reasonable
particularity. If STATE can not or will not remedy said defect or defects, BUYER shall be
released from any obligation to proceed with the purchase.
7. Intentionally deleted
8. INDEMNIFICATION. BUYER shall defend, indemnify, and hold the STATE
harmless from and against any and all claims, liabilities, obligations, losses, damages, costs, and
expenses, including, but not limited to, attorney's fees, court costs, and litigation expenses that
STATE may incur or sustain by reason of or in connection with any misrepresentation made by
the BUYER pursuant to this Agreement.
9. MINERAL RESERVATIONS For property being conveyed consisting of fifteen (15)
acres or less, the STATE shall except and reserve all mineral deposits, as defined in Section 6407
of the Public Resources Code (PRC), below a depth of 500 feet, without surface rights of entry.
For property being conveyed of more than fifteen (15) acres in size, the STATE shall except and
reserve all mineral deposits, as defined in Section 6407 of the PRC, together with the right to
prospect for, mine, and remove the deposits. The right to prospect for, mine, and remove the
deposits shall be limited to those areas of the property conveyed that the Director of General
Services determines to be reasonably necessary for the removal of the deposits.
10. PRIOR AGREEMENTS. This Agreement, in effect as of the Date of Agreement,
supersedes any and all prior agreements between STATE and BUYER regarding the Property.
11. NOTICES. Any notice, tender, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered, mailed or
sent by wire or other telegraphic communication in the manner provided in this Agreement, to
the following persons:
If to STATE:
Name Lynda Calvert -Surplus Sales
916 375-4120
Address 707 Third Street 6th floor
-916 376-1780 Fax
West Sacramento, CA 95605
If to BUYER: Name Wade G. McKinney, City Manager
805 470-3400 Address City Hall
805 470-3495 6907 El Camino Real
Atascadero, CA 93422
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ITEM NUMBER: B-2
DATE: 06/13/06
12. CALCULATION OF TIME. Under this Agreement, when the day upon which
performance would otherwise be required or permitted is a Saturday, Sunday or holiday, then
the time for performance shall be extended to the next day which is not a Saturday, Sunday
or holiday. The term "holiday" shall mean all and only those State holidays specified in
Sections 6700 and 7701 of the California Government Code.
13. TIME OF ESSENCE. Time is of the essence of this Agreement and each and
every provision hereof.
14. ENTIRE AGREEMENT. This Agreement shall constitute the entire
understanding and agreement of the PARTIES hereto regarding the purchase and sale of the
Property and all prior agreements, understandings, representations or negotiations are hereby
superseded, terminated and canceled in their entirety, and are of no further force or effect.
15. AMENDMENTS. This Agreement may not be modified or amended except in
writing the PARTIES.
16. APPLICABLE LAW. The PARTIES hereto acknowledge that this Agreement
has been negotiated and entered into in the State of California. The PARTIES hereto
expressly agree that this Agreement shall in all respects be governed by the laws of the State
of California.
17. SEVERABILITY. Nothing contained herein shall be construed as to require the
commission of any act contrary to law, and wherever there is any conflict between any
provision contained herein and any present statute, law, ordinance or regulation as to which
the PARTIES have no legal right to contract, the latter shall prevail, but the affected
provisions of this Agreement shall be limited only to the extent necessary to bring them
within the requirements of such law.
18. SEPARATE COUNTERPARTS. This Agreement may be executed in separate
counterparts, each of which when so executed shall be.deemed to be an original. Such
counterparts shall, together, constitute and be one and the same instrument.
19. EXHIBITS. The following Exhibit is attached to this Agreement and
incorporated by reference herein.
Exhibit A. Property Description
20. SURVIVAL. All terms and conditions in this Agreement, which represent
continuing obligations and duties of the PARTIES, that have not been satisfied prior to close
of escrow shall survive close of escrow and transfer of title to BUYER and shall continue to
be binding on the respective obligated party in accordance with their terms. All
representations and warranties and statements made by the respective parties contained
herein or made in writing pursuant to this Agreement are intended to be, and shall remain,
true and correct as of the close of escrow, shall be deemed to be material, and, together with
all conditions, covenants and indemnities made by the respective parties contained herein or
made in writing pursuant to this Agreement (except as otherwise expressly limited or -
expanded by the terms of this Agreement), shall survive the execution and delivery of this
Agreement and the close of escrow, or, to the extent the context requires, beyond any
termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
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ITEM NUMBER: B - 2
DATE: 06/13/06
CITY OF ATASCADERO
By: By:
WADE G. MC KINNEY, City Manager
City of Atascadero Title
6907 El Camino Real Mailing Address
Atascadero, CA 93422 City, State, Zip
(805) 461-5000 (Area Code) Telephone Number
Date:
Vesting (exactly as desired on Deed):
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ITEM NUMBER: B-2
DATE: 06/13/06
Acceptance:
BY STATE
STATE accepts and agrees to sell the Property on the above terms and conditions subject to the
approval and acceptance of the State Public Works Board.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
BY:
PAULA P. GUTIERRES, Acting Assistant Chief
Asset Enhancement Section
707 Third Street, 6"' Floor
West Sacramento, CA 95605
(916)376-1826
Date:
Authorized;
STATE OF CALIFORNIA
State Public Works Board
BY:
Marianne Wetzel
Assistant Administrative Secretary
Date:
lie
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