HomeMy WebLinkAboutAgenda Packet 11/14/2006 Iola . 19 CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 14, 2006
7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
•
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
1
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 Presentations
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— October 10, 2006
• City Clerk Recommendation: Council approve the City Council meeting
minutes of October 10, 2006. [City Clerk]
2. July 2006 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the Investment Report for July 2006.
[Administrative Services]
3. August 2006 Accounts Payable and Payroll
■ Fiscal Impact: $2,169,761.07.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for August 2006. [Administrative
Services]
4. Engineering Services Qualified List
■ Fiscal Impact: The costs of Engineering Services are billed directly to the
project or account currently underway.
■ Recommendation: Council adopt Modified Engineering Services Qualified
List. [Public Works]
5. Final Map 2006-0139 (Tract 2804) 8350 Santa Ynez Avenue (TTM 2005-
0077) (Norton)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Map 2006-.0139 (Tract 2804; and,
2. Reject, without prejudice to future acceptance, the offer of dedication i
for Public Utility Easement; and,
3. Authorize City Manager to execute a Subdivision Improvement
Agreement. [Public Works]
2
• 6. Final Map 2006-0132 (Parcel Map AT 04-0571) 2445 Monterey Road (TPM
2004-0067 Amendment) (Armet)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Parcel Map 2006-0132 (Parcel Map AT 04-0571); and,
2. Reject, without prejudice to future acceptance on behalf of the public
by the Council of the City of Atascadero, the offer of dedication for
Public Access and Open-Space easements. [Public Works]
B. PUBLIC HEARING:
1. Amendment of the Cardroom Ordinance to Increase the Number of
Tables in a Cardroom
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending the City's Cardroom Ordinance, with any
revisions desired by the Council. [City Attorney]
2. Interim Urgency Ordinance Establishing a Moratorium on the Approval
of Recordation of Site Condominium Plans
■ _ Description: Temporary Ordinance establishing a moratorium for the
. approval of recordation of Site condominium plans.
■ Fiscal Impact: None.
■ Recommendation: Council hold a public hearing on the extension of the
urgency ordinance, and adopt the attached interim urgency ordinance
establishing a moratorium on the approval or recordation of site
condominium plans. This action extends the moratorium for ten (10)
months and fifteen (15) days. [City Attorney]
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. Economic Opportunity Commission (EOC)
7. 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
3
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
4. City/Schools Committee
Council Member Luna
1. Finance Committee
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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the November 14, 2006 Regular Session of the Atascadero City
Council was posted on November 7, 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 7th day of November, 2006 at Atascadero, California.
Shannon Sims, Deputy City Clerk
City of Atascadero
•
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
Oe 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 El 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. Council meetings are recorded and may be reviewed by the
public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON 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).
HAVE ITEMS PLACED ON AGENDA
All HAVE
matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
meeting. 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.
5
ITEM NUMBER: A- 1
DATE: 11/14/06
lion 19 CITY OF ATASCA DERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 10, 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. Conference with negotiator over real property. (Govt. Code Sec.
54956.8)
Negotiator: City Manager Wade McKinney
Property: 8300, 8350 & 8400 Toloso Road
3. ADJOURN: 6:50 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that the Council met in closed session and
gave direction to its real property negotiator, but there was no reportable action.
REGULAR SESSION: 7:00 P.M.
Mayor O'Malley called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
CC Draft Minutes 10/10/06
Page 1 of 11
7
ROLL CALL:
Present: Council Members Clay, Luna Pacas and Mayor O'Malley
Absent: 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, Fire Chief Kurt Stone, Police
Chief John Couch, Public Works Director Steve Kahn and City
Attorney Patrick Enright.
COMMUNITY FORUM:
Pastor Steve Shiveley, Calvary Chapel Atascadero, led those present in prayer.
Joanne Main, Chamber of Commerce Executive Director, made several
announcements: 1) City Council Candidate's Forum is scheduled for October 11th, 2)
Chamber Colony Days Mixer on Thursday, October 19th, and 3) Colony Days will be on
October 20th and 21 S.
Jim Shannon read from a prepared statement expressing his views on the quality of life
in Atascadero.
Ann Ketcherside expressed concern regarding the possibility of an Atascadero
homeowner loosing their property to eminent domain.
Eric Greening, in response to a statement by the previous speaker, stated he had no
recollection of any conversation regarding anyone's property being taken, and
suggested the Council agendize the issue of Proposition 90.
Ann Ketcherside stated she has documents verifying that the city has brought up the
issue of eminent domain regarding a property in Atascadero.
Mayor O'Malley closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION:. By Council Member Luna and seconded by Council Member
Clay to approve the agenda.
Motion passed 4:0 by a roll-call vote.
CC Draft Minutes 10/10/06
Page 2 of 11
8
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Council Member Luna — The Atascadero Colony Days Committee
rejection of Oppose Wal-Mart's application to participate in the
Colony Days Parade.
Council Member Luna stated he does not have any intention to second guess the
decision of the Colony Days Committee, but he takes issue with the rejection letter sent
from the Committee and would like a clear explanation of the rules.
PUBLIC COMMENT
Mike Brenler spoke in support of allowing the "Oppose Wal Mart" group to march in the
Colony Days Parade.
Jay DeCou, Colony Days Committee, reviewed the policies for the Colony Days Parade
and explained the reasons the Committee declined to accept Oppose Wal Mart's
application for the parade.
Lee Perkins, Oppose Wal Mart, explained why they wish to march in the Colony Days
Parade and clarified the application they had submitted.
Steve Martin, Colony Days Committee, explained that because of the controversial
nature of Oppose Wal Mart's issue it was not in keeping with the character and spirit of
Colony Days, and was therefore against the policies and regulations of the organization.
Maggie Rice Vandergon, Colony Days founder, stated she had made the motion to
deny the parade entry of the Oppose Wal Mart group, and explained the legal reasons
for the decision.
Tim Peterson spoke in favor of keeping the parade politically free and stated it is a
family celebration and should not have political energy coming into it.
Eileen Allen, Colony Days Committee Board of Directors, spoke about the discussions
the group had in regard to the Oppose Wal Mart application for the parade and stated
their decision was based on a long standing policy not on whether or not they support
Wal Mart.
Tom Colmeyer, Oppose Wal Mart, thanked Council Member Luna for placing this item
on the agenda and explained that they did not wish to polarize the community over this
issue.
CC Draft Minutes 10/10/06
Page 3 of 11
9
David Broadwater stated he is not a member of Oppose Wal Mart, spoke about two
previous Colony Days and controversial issues faced in those celebrations, and stated it is
is exclusion that causes controversy not inclusion.
Barbie Butz, Colony Days Committee, explained that the committee is not excluding the
Oppose Wal Mart group from having a booth, but that the parade has different policies
which must be followed.
Sandy Jack commended the Colony Days Committee's position and stated that the day
should be used to honor Atascadero's history and should not be polluted by politics.
Diane Greenaway, Colony Days Committee, stated that in order to be included in the
parade the applicant must be willing to go along with the theme and place a positive
aspect on their entry.
Eric Greening responded to the assumption that the expression of a view is an attempt
to divide the community; he feels the expression of a view is an invitation to a dialogue.
Mayor O'Malley closed the Public Comment period.
Council Member Luna stated he hoped the Committee and the Oppose Wal Mart group
could come to an agreement on what could be accepted in the parade. He indicated
that the Committee's letter should have included the issues raised tonight.
Council Member Claystated the cit wants a celebration not a demonstration and feels
Y
the Committee made a good decision.
Mayor O'Malley spoke about the policies for some of the activities during Colony Days,
and explained why it seemed that the Oppose Wal Mart entry might take away from the
celebration.
City Attorney Patrick Enright reported that as a private organization the Colony Days
Committee gets to decide who is and is not in the parade.
A. CONSENT CALENDAR:
1. City Council Meetinci Minutes — September 12, 2006
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of September 12, 2006. [City Clerk]
2. Conflict of Interest Code — Biennial Review
■ Fiscal Impact: None.
■ Recommendation: Council adopt the Draft Resolution, updating and
amending the Conflict of Interest Code for the City of Atascadero. [City
Clerk]
CC Draft Minutes 10/10/06
Page 4 of 11
10
3. Single-Family Planned Development #16 /Zone Change 2005-0107 /2865
Ferrocarril Road (Tharp/Beck)
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2005-0107 based on findings.
[Community.Development]
4. City Hall Historic Consultant Contract Authorization
■ Fiscal Impact: Staff has not received a scope of work from the consultant
due to the tight timelines. Staff is confident that the cost of the contract
will not exceed $70,000.
■ Recommendation: Council authorize the City Manager to approve a
contract for a consultant to prepare a Section 106 historic evaluation of
City Hall. [Community Development]
5. Revised Temporary Road Closure — Winter Wonderland (Atascadero
Main Street)
■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works staff.
■ Recommendation: Council approve the request by Atascadero Main
Street for the additional road closures of Palma Avenue (from Traffic Way
to West Mall) and Entrada Avenue (from EI Camino Real to Palma) for
Winter Wonderland on December 1 st, 2006. [Public Works]
6. Temporary Road Closure/ Mobley's Board Shop
■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works staff.
■ Recommendation: Council approve a request from Mobley's Board Shop
to close a portion of Palma Avenue, from Traffic Way to Entrada, on
Tuesday, October 31, 2006 from 1:00 p.m. — 11:59 p.m. [Public Works]
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, 5 and 6.
Motion passed 4:0 by a roll-call vote. (Luna abstained on
Items #A-1 and 3) (Item #A-2 Resolution No. 2006-092, Item #A-
3 Ordinance No. 500, Item #A-4 Contract No. 2006-034)
CC Draft Minutes 10/10/06
Page 5 of 11
B. PUBLIC HEARING:
1. Interim Urgency Ordinance Establishing a Moratorium on the Approval
of "Site Condominiums"
■ Description: Temporary Ordinance establishing a moratorium for the
approval of "site condominiums."
■
Fiscal Impact: None.
■ Recommendation: Council adopt the attached interim urgency Ordinance
establishing a moratorium on the approval of "site condominiums." [City
Attorney]
City Attorney Patrick Enright gave the staff report and answered questions of Council.
PUBLIC COMMENT
Joan O'Keefe, Planning Commissioner, stated that Dove Creek was a planned
development, and asked if any changes were made to the project.
Ellen Beraud, Planning Commissioner, asked if this would prevent the changes at Dove
Creek, would the common area on the ground be maintained, and would it apply
immediately to the Dove Creek Project.
Community Development Director Warren Frace explained how the common areas
were handled for the Dove Creek condominium units.
Mayor O'Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt the attached interim urgency Ordinance
establishing a moratorium on the approval of "site
condominiums."
Motion passed 4;0 by a roll call vote. (Ordinance No. 501)
Mayor O'Malley recessed the hearing at 8.25 p.m.
Mayor O'Malley called the meeting back to order at 8:32 p.m.
C. MANAGEMENT REPORTS:
1. Sprinkler Ordinance Review
■ Fiscal Impact: None.
■ Recommendation: Council receive and file a management report
reviewing the Sprinkler Ordinance. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
CC Draft Minutes 10/10/06
Page 6 of 11
12
Ex Parte Communication
■ Mayor O'Malley stated he has had conversations on this topic with the Fire Chief,
fire fighters and the public.
PUBLIC COMMENT
Connie Pillsbury stated she believes in sprinklers in new construction because it is less
expensive, however, it can become very costly when required for additions. She
requested Council consider changing the code to state that additions to single family
residences resulting in a total floor area of 5,000 square feet would require a sprinkler
system.
Norm Pillsbury urged the Council to take a larger view when making a decision about
additions and change the 3,000 sq. ft. requirement to 5,000 sq. ft. to bring it more in line
with other communities.
Jay De Cou explained that there are several cost components involved when
purchasing and installing sprinkler systems, and agreed that 3,000 sq. ft. is too
restrictive.
Connie Pillsbury stated she would have to get a new water meter to accommodate the
required sprinkler system.
• Mayor O'Malley closed the Public Comment period.
There was Council discussion regarding this item. Mayor O'Malley reopened the Public
Comment period.
PUBLIC COMMENT
Norm Pillsbury explained that in his opinion a partially sprinklered structure would still
give people time to get out, and that if their home did burn down they have fire
insurance to rebuild.
Connie Pillsbury stated she appreciates the statistics but this is their private home, and
this is invasive and feels as though they don't get to make their own decision about their
own home.
Bill White, Atascadero Professional Fire Fighters Association, stated there was a lot of
hard work and time spent on this ordinance.
Mayor O'Malley closed the Public Comment period.
Mayor Pro Tem Pacas explained that the Fire Department is very short staffed and for
this reason she supports a more restrictive ordinance.
• Council Member Clay stated he would support the ordinance as is.
CC Draft Minutes 10/10/06
Page 7 of 11
13
Council Member Luna expressed his support of the Fire Chief and his Department, and
stated the Council has spent a lot of time on the ordinance and he is not in favor of
weakening it any further.
Mayor O'Malley agreed with Mayor Pro Tem Pacas, stating this is a tough policy
decision, but one that is good for the entire community.
2. Request by San Luis Obispo County Board of Supervisors (SLOBOS) for
Consent to Create a San Luis Obispo Tourism Business Improvement
District (SLOTBID)
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution, authorizing the
SLOBOS to create the SLOTBID, and grant the SLOBOS jurisdiction for
all the purposes in connection with creation and operation of the proposed
SLOTBID, with input from the lodging businesses and participating cities.
[City Manager]
Joni Biaggini, Executive Director of the County Visitors and Conference Bureau (VCB)
made the presentation and answered questions of Council.
PUBLIC COMMENT
Eric Greening spoke in support of this issue and stated his hope that the VCB would .
retain its close connection with the Arts Council and the artistic community.
Therese Corea, General Manager of the Carlton Hotel and Villa Toscana, spoke in favor
of this initiative.
Karen Palmer, Best Western Colony Inn, spoke in support of the Tourism Business
Improvement District and encouraged Council to sign the resolution.
Jesse Patake, representing JP Patel, Best Western Colony Inn, spoke in support of the
BID and urged passage of the ordinance.
Mayor O'Malley closed the Public Comment period.
MOTION: By Mayor O'Malley and seconded by Council Member Luna to
adopt the Draft Resolution, authorizing the SLOBOS to create
the SLOTBID, and grant the SLOBOS jurisdiction for all the
purposes in connection with creation and operation of the
proposed SLOTBID, with input from the lodging businesses
and participating cities.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-093)
i
CC Draft Minutes 10/10/06
Page 8 of 11
14
3. Informational Item: Dove Creek Development Required Improvements
• for the US 101/Santa Barbara Interchange
■ Fiscal Impact: None.
■ Recommendation: Informational item only, no staff recommendation at
this time. City Staff is bringing this before the City Council to inform that
home buyers in this Project may be prohibited from occupying their homes
until this issue is satisfactorily resolved. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Ex Parte Communication
■ Mayor O'Malley stated he has spoken with Grant Robbins, a representative for this
project, and, with County Supervisor Jim Patterson, had met with him on several
occasions to talk about this problem: Additionally he has had conversations with
neighbors and organizations in this area.
PUBLIC COMMENT
Grant Robbins, Centex Homes, commented that a lot of efforts have been made to
alleviate this problem, and they are looking at both short and long term solutions. Mr.
Robbins answered questions of Council
Eric Greening spoke about the importance of following through on required mitigations
and of the cumulative increasing pressure on this interchange, and stated the funding of
the project study report should be a condition of approval.
Joan O'Keefe questioned whether Cal Trans had input into the traffic analysis and if
they made any comments. Regarding roundabouts, Mrs. O'Keefe stated that while the
initial expense may be the same as putting in the lights, the city would not have the
ongoing expense of the lights.
Mary Ann Serpa spoke of the importance of San Antonio Road to her community and
urged the Council to look at the safety factor not the most economical factor in their
decision making.
Eric Greening indicated that he is not in favor of changing mitigations; however he is
open to considering roundabouts if they prove to be a better solution.
Mayor O'Malley closed the Public Comment period.
Public Works Director Steve Kahn addressed issues raised during the Public Comment
period.
CC Draft Minutes 10/10/06
Page 9 of 11
15
4. Historic Atascadero Printery Building Restoration Status Update
■ Fiscal Impact: None.
■ Recommendation: Council receive and file report. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
■ Mayor O'Malley reported that he went with staff to Sacramento and spoke with
SHIPO, and with local historians including Lon Allen.
PUBLIC COMMENT
Maria Hooper expressed concern that the developer is not in compliance with the deed
restrictions, that the tapestries are not being maintained, there is no timeline, and asked
what the consequences are if the developer is not going along with the deed
restrictions.
Joan O'Keefe stated she looked at the files for this project and explained what she had
learned. She asked whether the FEMA funds may be jeopardized, what is the City
Manager's role, and what leverage does the city have to force compliance. She
encouraged transparency in relation to this issue.
GregRavat expressed concern with how the project has one so far and stated that the
p P J g
preservation plan must come first and the integrity of the building must be maintained.
He suggested the formation of a landmark committee to get involved and talk about
what is to be done.
Mayor O'Malley closed the Public Comment period.
There was Council consensus to go ahead with the RFP process, get the report
and look at what legal recourse there is for reimbursement of costs.
D. COMMITTEE & LIAISON REPORTS:
Mayor O'Malley
1. County Mayor's Round Table: One of the local mayors suggested Council
Members individually donate to an ad suggesting that people remember to
pay attention to their local issues.
Mayor Pro Tem Pacas
1. Mayors Round Table: big issue is the 'h cent sales tax increase.
2. City / Schools Committee: discussed getting the football fields on the school
board agenda.
CC Draft Minutes 10/10/06
Page 10 of 11
16
Council Member Luna
1. Finance Committee: discussed the purchasing policy, which will come to
Council at their next meeting, the economic development update, Colony
Square project, historic city hall reconstruction project and negotiating with
FEMA to maximize what the city will get to restore the rotunda building.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna commented that the two informational items were very
useful and it was good to have the public comments.
Council Member Clay reported on the groundbreaking ceremony for the Youth
Center. He also spoke of the amount of staff time that has been spent in regard
to the City Hall restoration and FEMA negotiations.
City Clerk
City Clerk Marcia McClure Torgerson announced that Planning Commissioner
Tom Jones resigned as of October 2"d. His replacement will be determined by
the individual who is elected to fill Wendy Scalise's position. There was Council
consensus to wait until after the election to fill the position.
Ms. Torgerson reported that an ad will be placed announcing the student
representative opening on the Parks and Recreation Commission. Additionally
she explained that staff is working on making digital recordings of city meetings
and that eventually the recordings will be available on the city's web site.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Luna to go past 11:00 p.m.
Motion passed 4:0 by a roll-call vote.
City Manager
Community Development Director Warren Frace gave an update on the Dove
Creek Cemetery reburial markers.
F. ADJOURNMENT:
Mayor O'Malley adjourned the meeting at 11:02 p.m. to the next regularly scheduled
meeting of the City Council on October 24, 2006.
MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
CC Draft Minutes 10/10/06
Page 11 of 11
17
ITEM NUMBER: A — 2
DATE: 11/14/06
n■ e ■
1918 � 19 9
1 h.
Atascadero City Council July 2006
Staff Report - City Treasurer
July 2006 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for July 2006
REPORT IN BRIEF:
Cash and Investments
Checking $ 582,159
Money Market Accounts 625
Certificates of Deposit 8,011,095
Government Securities 9,673,780
LAI F 14,947,318
Cash with Fiscal Agents 151,314
Cash in Banks at July 31, 2006 $ 33,366,291
Deposits in Transit -
Outstanding Checks (497,377)
Cash and Investments at July 31, 2006 $ 32,868,914
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/24/06 Fed Home Loan Mtg Corp gov't security $ 298,950 04/18/11
07/26/06 First United Security Bank CD 97,422 08/29/08
07/26/08 ANB Financial Nat'l Assn CD 99,198 11/21/07
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
07/17/06 Bankwest CD $ 99,000 $ 99,000
07/24/06 One Bank&Trust CD 99,000 99,000
07/24/06 Union Bank CD 99,000 99,000
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
Page 1 of 15 19
CITY OF ATASCADERO
TREASURER'S REPORT
CASH& INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF JULY 2406
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1, 2006 $ 737,000 $ 33,670,091 $ 150,757 $ 34,557,848
Receipts 930,685 174,157 557 1,105,399
Disbursements (2,296,956) - - (2,296,956)
Transfers In from
Redevelopment LAIF - - - -
Transfers In 2,387,000 1,175,570 3,562,570
Transfers Out (1,175,570) (2,387,000) - (3,562,570)
Balance per Banks at
July 31,2006 $ 582,159 $ 32,632,818 $ 151,314 33,366,291
Deposits in Transit -
Outstanding Checks (497,377)
Adjusted Treasurer's Balance $ 32,868,914
20 Page 2 of 15
00 vn It O O O O O O O O O
O N O O O O O O O O
r, kn V1 h
0 kn O, O, T O D\ D\ 0\ 01 Q1
�, D\ N V
� N
0
ed cd td O O O df d1 ed ed cd ed ed
C, N
ti
rY A
0o v1 M O O O O O O O O O O O
N l— O O O O O O O O O O O
O O O O O O O O O O O
1� O O1 O D\ Cl h v1 to V1 O\ O\
O, O C7, O\ 01 ON ON ON 01 O\
69
Q o 0 0 0 0 0 0 0 0 0 0 0
'J Vl
M 7 M M
w o 0 0 0 0 0 0 0 0 0 0 0
0
O � � d3 ed dt cd � dt O td df df ed ai ed d7 �
O co) ti
c°i v v L) o
w w~ w w w~ w w~
0
~ rA U U 0 U C7 U U Uu u U
eW M N h M N N N N N N
Q M 01 00 C\ 00 00 00 00
O O O O O O O O O O O
41
cd o as
° w
aao ° 03a � y
Wop
b 4a o i a L �" o d x wIL) C
a a ra v� d Ua wU Ua TAO u zcn xw E4 WnU Oma, z
d
ts
n o 0 0 0 0 0 0 0 0 0 0 0
ed O O N N 00 N N M O O
�Q Q 00 00 00
r O ~ O O O O O O O O
'C LL
21
0 0 0 0 n o 0 0 0 0 0 0 0 00
h o 0 0 0 0 0 0 0 0 0 0 0 0 a
--
ty Lv vi a vi 00 a r" vi 00 a
O . O N ON � N a ON Q D D a O D O
I
69
1 Cd O N ed V1 ctl ed ctl ed cd O m O N
a a a a a a a a a a a 00
oIn
� C
O O O OO O O O C O O O O O
O O O O O O O O O O O O O O
0 0 0 o Oo C C 0 C 0 0 0 0
o r- O; 0 00 r- � 00 o
o o a o
� N
a o 0 0 o a o 0 0 0 0 0 0 0
N o 0 0 0 0 In In
: r O W W M M O v1
M M M M Cl) M !I' M M M M M Vl
0 0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O N v1C1 O O O ei O O
r1 O
O O D\ V1 O C r o0 0o K1 O In
7 M M M M M M C' en M M M
0
O h
h
Q a o W V
fn
z
ton
2:1N VJ N l+' fA VJ •y y H v) VI V1 N _
h C o o o 0 0 0 0 0 0 0
V N C01 U +U N N 4�J N
W A A AGOA A A A A A A A A
ul w w w w w w w w w
0 0 o a o 0 0 0 0 0 0 0 0
U U U U U U U U U U U U
?r t w „ ?� w~ w w w~ w w tr.
t Up U C7 U U u u U U
N N N V N N N N
�O �O �O O �O O �O
hW 10 r O O v1 O O
O O O O O
b
C O
y 0
O
cc
W aOd C1 Gra
atl O J S!i Q G a�C
w ~ p a N C Qa M e06
Zit J4 Ua
w i E 7 Z a o P ° a" °° c`°i h ° h e° H p 3 C ao f� a
w3 w � wCA mu 44 Ao dH vv v3 xC7 U �
hr r r r r r r r r r r r r r
0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N M OO O 00
22
O O N_
FN O O O O O O O O O
O O N O O O O O O O et Vl O O
O W O n n n O 00 00 00 O
O C, M O, O all O, 01 N M O, N O\
H
69
'1 cO c0 60 ctl cd etl ctl cd ctl cC .� O O td
�. 00
U
ti
aq
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 o O o 0
0 0 0 0 0 0 0 C C 0 0 0 0 C
o r o r 0 00 00 00 0 v v c o a
W o o v O, o O, v a o n (71
U N M M M N M N
69
q o o o o 0 0 0 o o
N In vl O l� O O O O O O V1 O D\ O h
t`
o o o 0 0 0 0 0 0 0 0 0 0
hq 'eC Vl O O O O O O O Vl O O v1
M Wl O
(r M M M M M M M V M N M M
Vj e
Oti
Q rawj �O W C�
i12 c
�' , [r 'C c 'C c 'C o QN o ❑ o 'C C �
m N q
on
� o � 0 0 0 � Eno
CIA,
� o
i0 iC � f0 i3 ctl U U
t7 U c7 U c7 U U U c7 � U c7 c7 U
W M 7 M M M M M M M M M M
O O O O O O O O OO O O O OO O
M N O N O O M
.09
O O O O O O O O O O O O O
a
a c
o U
croll
a o
o q o o U b o X o o o x
W o a o a C� o 00 Ci o x a+ o o mCc 43 00
u q c C a'oi q c oi°i o 7 o abi
w U a w w U d a w U C7 a U Avg w U w w U w u &0
[�•� W � ao 00 00 00 00 00 00 00 00 0o ao 00 00
►� N N N O O M N N M O
CD W
'•leGl O O O O O O O O O O O O O
23
O O O O O N O D, O O O O O O
O W O\ 00 n 00 00 r— c2l, b D\ r h O C� 4\
D\ N` D1 O, O\ O\ O1 D\ O� ON O,
0
Ln Pn
U
a O O ca cd oo 03 "1 com ea O ea ca
rY A
0 0 0 o O O o 0 o O o 0 o O
O o 0 0 0 o O o 0 o O o O o
0 0 0 0 C o O O o O o C C 0
o 00 00 a a rn r r o as cs
VO ON ON O\ 01 01 01 T N D\ O�
cs3
0 0 0 0 0 0 0 0 0 0 0 0 0
o .°\-� 0 0 0 0 0 o 0 0 0 0 0
N O 00 Vl O M O O O v) O O Ul
0 0 0 0 0 0 0 0 0 0 0 0 o O
A 0 0 0 0 0 0 0 0 0 0 0 0 0
O O o a0 Vl O O O V'1 O vi O O cry
r+l O M N V1 V1 00 M V1 n N O lt�
M M 7 'd' M
Q FV
VO N cct N ca N cd cd c0 c0 e0 cd ed cd In
Oy y y y y N 4 h Vl fn fA h
G. QW O o, op, O. A. 0 G. G.
o a o 0 0 0 0 0 0 0 0 0 0
a cl cd
w w w w w w w w w w w w
U 0 U U U U U U U U U CD U U
LQ
R
W
h o0 00
Qoo N opo oo oo N O O h n
O O O O O O O O O O O
a
.0
es
C O ap+ p h .E Cd o
10, � ¢ aad a � � o
eo .d o � v m �• e G .� as a a
"ai
3ti wvt6z r � a � S w � � xz Ua, v, U do
ti W ao ao 00 00 00 00 00 00 00 00 0o a o, a,
o 0 0 0 0 0 0 0 0 0 0 0 0 0
Ir oo v1 %O %O O1
y+ O N N N N
0\0 0\0 0o0 Doo oo oo Q� O O \•• N \ ` `
24
0 0 0 0 0 0 0 C. 0 o vi 00 0 0
[r o 0 0 0 0 0 0 0 0 o r 00 0 0
0 0 0 0 0 0 0 0 0 0 0o r o c
Z vi kn r-
r
00 0 00 vi
OW T O. O\ D\ D, O O, 01 D\ N Ch ON T
� h
ULn
"1 cd al cd cd cC O O cd cd df v1 N td Cd
ti
aq
O O O O O O O O O O O O O Cl
O O O O O O O O O O O O O O
O O O O O O O O O O O O O O
vi vi r r r" r o vi v o vi 00 vi
UW, rn rn o 0 0 0 Cl rn rn o o a rn o
�L
va
o o o o 0 0 0 0 0 0 0 0 0
wh v1 V1 v1 O O � O
M ri en c+j ri M et en M M ri C' et 7
0 0 0 0 0 0 0 0 0 o 0 0 0
L \ \ 0 0 0 0 0 0 0 0
Q� v1 �nO v1 v1 O vl O Vl �A O O O V1
aJ �O �D �O M �O O v1 Vl Vl V'f N r O
[r \ M M M M M M !}' M M M M M M
Lno
O �
A 4 �
o W V
N a a � z � a ¢ � a a Vd Rn
d
w t= w w
~ U U U U U C7 U U U C7 U U U
v d v x v O � $W o 0 0 0 0 0 0 0
N _M �
In
O O O O O O O O O Ln kf)
O O O
a
49
a
0.� W u
y 41x a oz a X
W ` a H Zz s V akeRRS ►o Z ° p
q x y a y Er q k co /+i M i O
dky d w x S y y a ° O k � C O a
e d Ix
cn
e C °
wx wc7 ov a 'wa 3v� wku UU Fa :cc wv r� F z 3a�
o 0 0 0 0 0 0 0 0 0 0 0 0 0
N 0 M M M er V\1 V01
Q O O O O0 O O O O O O O O O
25
0 0 0 0 0 0 0 0 0 o O o 0 0
[r o 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
O W o t� r- 00 -r- r- o r n c, of
o a a o, o, o, o, o o v CN a o 0
0 , M V'1
ti
69
a
aq
O O O O O O o O O O O O O O
O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0
C) cr00o r- r- r
o C, C, a o
eN
w �
4 0 o o o o o o 0 0 0
N 0 On O o
7 V CI' 7 M M M M 7 of
o 0 0 0 0 0 0 0 0 0 0 0
e�+ V1 V1 V1 v1 kn v7 h O O O O V1 O O
M C� OR W? O
0
0
q �aL1"o WC�
xco
ea ca cd ea ed ce m � ai m ea ed m
Ln
h W M j
Ull
o.
O W L' y y y y y y y y y y y 4
a Or ° °a, n as a 8. a a c
U ~ W A
AQ A A A A A A AQ A
W w w w w w w w w w w w w
0 0 0 0 0 o q o 0 0 0 0
to� [r J :: J w aJ+ .J.. 2 N
«Y eC c0 id ca cd § ed ea ca 11 id
J U U J J U J J J J J U
c7 U U U U U U U U U U U U
v v Ln n Ln
0 0 0 o M ,o o
M �O M
�o b r 0000 °\ as %0
O O O O O O O O O O O O
a
col
C
♦+ y
� ti u X rs C
a f� -� K
(v �" .MM-i W y i.r w U �'� is
y
3t U �. $. u ►+ k ai o a�
y y ar
x Uani
G7rZ4 V�] oU (A p N 6y7 iy
U CQ d Y> PL �O O N b00 z A a > UL wH wU ca . H3 xaa u0 uO
(71 C, C\ C� a a, CN ON
0 0 0 0 0 0 0 0 0 0 0 0 0 0
ti M a a a a e a
N
'G Q O
26
0 0 0 0 0 0 0 o O o o m N o
O
Cy Wy O O O O O O O O O O O h O O
O O O� I— 00 00 00 O In D\ t- O; O
O O O Q\ O, D\ D\ O, vl
m N
Ln tn
ti
69
\s '� c7 ed ctl ctl cd �tl ed ce cd cd cd t� 00
U
ti
a A
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 00 00 00 o v o r, o a o
VO O O\ D\ a1 a\ a\ N D\ D\ D1 O D\ O
69
A o 0 0 0 0 0 0 0 0 0 0 0 0 0
O V1 O O O O N N N O V1 N ^•� M
� er '7 7 a' d• d• � v1 V � C � 7 �
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0
k 0 c
O O O vl O Vl O O O O C' Vl O
O Vl O O O O N N N O �n N N M
�t � �f � 7 C er V1 •7 <}' 7 7 M �
U N
d
y ti d d d c
ON
ti � �, •� •C o 0 0 0 0 � o � c. � a.
Cd ca Cd Cd
W ti
w w w w w w w w
4
C7 0 U U U U U C7 U C7 U C7 U C7
W v o a to �n W) o v Wn Ln Wn
0 0 0 0 0 0 C.
.N. N N O O o0 O O N N N N
x
C C C C
d w a a d
� 41 do
ti ao FC = c a .,
0.� m C a w o rn c A
� � x o4 � �' d � aw = �
V d >C �' a w ° a+
a� >C x ° w a o w
W ��y 0yq sem°. A ani z N V b�oyy M un CQ7 ��0y Z m
ztt adm by M C. a Pa O R Oy W M Pa z wx� pp, Cp. pp,, o � M
xto u
Cc W a C e a
L L O L mLIn
abi w A I ° w u cl w A °7 � ami .7 �°, ea ami �
wU wU3 a3 dw w' x wU xx wU 3U wU aaa w
• O, a\ O, O o O O O O O O O O O
+� Ly o 0 0 Z.
F N N N N O N M N N
Q \ \ N M M In Ln V•1
O O O O O O O O O O O
27
0 o O o O v O o v O r- o o O
N O O O O O d' O O 01 V1 M O
r n 00 00 00 'cf 00 1� Vl Q\ 00 M O
O T 01 Q\ O\ O\ N O\ N 00
N �,
O
o0
� A
O O O O O O O O O O O O O O
O O O O O O O O O O O O O O
O O O O O O O O O O O O O O
l� l- 00 00 00 vi 00 r- O O Orn O n O
O\ O 0\ D1 O N ON °� O O N O �O
�L
b9
q o 0 0 0 0 0 o 0 0 0 0 0 0 0
wkn O v1 O O V h h DD O 00
� N 00
It vi v1 vi
0 0 0 0 0 0 0 0 0 0 0 0 0 0
w o wl C 0 0 o 0 Q\ I 0 0 0
V'1 O O O V1 V1 O . V1 O V1 V1
0
W .. .. .. 2:1 .. .. o
r h o 0 0 0 o q o 0 o q p
RL o 0 0 0 0 0 0 0 a 0
L) u �+
w w w e w I w w w w
0 0 0 0 0 0 0 0 0 0 0 0 0
0000 f� T O- (71 01 l� V'1 d' N O 00
00 CN rInO
O O O O O O O O O O
•L O
Q W C R W
0 F 6 O r C O C Ca N
ao aoa d ccdrn
w ` KU a+ �4 � ° � ° 14
i o Z sW, w
co
44
can u ¢� xx ww w � � w cam ow wv wv 44 uu wu
sJ N O N N O N O O M O
q o n i r o 0 01 a (�
O O O O O O O O O O O
28
[ti O O O O 00 �' ^�" M
O O O cl
1- O O 00 O
O W N N OM � �
M M
O
a a a
1
U �
U
O O O
M O\ O
r" 0 0 0 0 00 CYN00
t4 In In
U rG
J N N U O
M
66 69 D W
O
b
w j O
y p G
A o 0 0 0 0 (71 ¢
w O N n C> O
kn cn et cn cD V m p
3 W
,ate iz N
0
o' >,
w ti o 0 0 14C
O h r h
W O s
cid ca cco O w
� � w
O Lol
tryrY o �' ❑ °�
;; aoi a0i w y O •c'
j `° U ani
U
ani o 0
U 0 CD
c y )
o �
U eC O N O N O w 0 V
aA a 0 cb
4 0 0 0 0 o U •� o
• U
n �I w
0. W 00 a �n
o v� O o paF � c A.
a d p cn aa+ c w y C o .0 v
A o x' ar z M W M Z 3k 07 a Y 00 fn
o
ad
to abi � w Q u Cow Z ca w
Z U Gr. U w U W U w U
d c~a O
ts
� j O
E" A
,Cts o �
29
City of Ataseadero
Investments by Type
July 2006
Cash with Fiscal Agent
0%
Other
Government Securities 0%
30%
,a I
Certificates of Deposit
24%
Investment July 2006
LAT $ 14,947,318
Certificates of Deposit 8,011,095
Government Securities 9,673,780
Cash with Fiscal Agent 151,314
Other 625
$ 32,784,132
30 Page 12 of 15
City of Atascadero
Investments by Maturity
July 2006
One Month to One Year
On Demand 3%
46%
k
Y
l:
Y
• One to Five Years
51%
Investment July 2006
On Demand $ 14,947,943
Within One Month -
One Month to One Year 1,043,397
One to Five Years 16,641,478
$ 32,632,818
Page 13 of 15 31
City of Atascadero
Investments by Custodial Agent
July 2006
Union Bank Bank of New York
54% 0%
4j.
M
%
California
Other 6%
0%
Custodial Agent July 2006
State of California 14,947,318
Other 50,673
Union Bank 17,634,827
Bank of New York 151,314
$ 32,784,132
32 Page 14 of 15
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended July 31,2006
5.00%
4.50%
4.00%
Z. t
� b
3.50%
Moog
7777
3.00%
{ 5 F S-
2.50 1 -
t r.
2.00%
a
3
1.50%
1.00% r„
0.50% 4 ,
0.00%
^Q� n�� n& ^& n�� n�� ^ n Ov n�V n Ov n�V
VO VO VO VO VO VO VO VO VO VO VO VO VO
�c �,o�c Jac1 `Jac1 air PQM\ �a� ,Jc� �J��
City Yield 2-Yr Treasury Weighted Portfolio'
2-Yr
Treasury
Weighted
Portfolio
City Yield Yield
July 2005 3.34% 3.22%
August 2005 3.45% 3.28%
September 2005 3.54% 3.21%
October 2005 3.60% 3.33%
November 2005 3.71% 3.41%
December 2005 3.79% 3,49%
January 2006 3.88% 3.52%
February 2006 3.97% 3.68%
March 2006 4.03% 3.71%
April 2006 4.13% 3.87%
May 2006 4.28% 3.92%
June 2006 4.39% 4.06%
July 2006 4.47% 4.05%
Page 15 of 15 33
ITEM NUMBER: A 3
DATE: 11/14/06
n
loin 57-9
.I p
A tascadero City Council
Staff Report - Administrative Services Department
August 2006 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
August 2006.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 8/10/06 Checks # 23065 - 23134 $ 75,873.37
Direct Deposits 212,121.94
Dated 8/24/06 Checks # 23135 - 23204 69,058.07
Direct Deposits 218,159.78
Accounts Payable
Dated 8/1/06 - 8/31/06
Checks # 106413 - 106854
& EFTs 458 -469 1,594,547.91
TOTAL AMOUNT $ 2,169,761.07
FISCAL IMPACT:
Total expenditures for all funds is $ 2,169,761.07
CERTIFICATION:
The undersigned certifies that the attached demands have been released f ayment
and that funds are available for these demands.
2
Rache le Rickard, Director of Administrative Services
ATTACHMENT:
August 2006 Eden Warrant Register in the amount of $ 1,594,547.91
35
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
458 08/01/2006 MID-STATE BANK Payroll Vendor Payment 45,389.48
459 08/01/2006 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,017.20
460 08/01/2006 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 912.62
464 08/04/2006 MID-STATE BANK Accounts Payable Check 232.40
106413 08/04/2006 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 99,060.71
106414 08/04/2006 AFLAC Payroll Vendor Payment 3,280.60
106415 08/04/2006 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,846.74
106416 08/04/2006 THE STANDARD UNIT 22 Payroll Vendor Payment 1,658.89
106417 08/04/2006 A&T ARBORISTS Accounts Payable Check 2,475.00
106418 08/04/2006 ACTION FAX&PRINTER Accounts Payable Check 311.02
106419 08/04/2006 AFFSS SOUTHERN DIVISION Accounts Payable Check 50.00
106420 08/04/2006 AIR-LEFT REFRIGERATION&HTG ' Accounts Payable Check 107.22
106421 08/04/2006 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 452.08
106422 08/04/2006 AMERICAN PUBLIC WORKS ASSC Accounts Payable Check 312.00
106423 08/04/2006 AMI PIPE&SUPPLY Accounts Payable Check 92.66
106424 08/04/2006 PAULA ANTON Accounts Payable Check 500.0
106425 08/04/2006 API,ATLAS PERFORMANCE INDUST Accounts Payable Check 410.01*
106426 08/04/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 498.60
106427 08/04/2006 GINA ARIAS Accounts Payable Check 15.75
106428 08/04/2006 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00
106429 08/04/2006 ATASCADERO COMMUNITY LINK Accounts Payable Check 8.00
106430 08/04/2006 ATASCADERO FORD Accounts Payable Check 632.41
106431 08/04/2006 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 45.00
106432 08/04/2006 ATASCADERO SAW SHOP Accounts Payable Check 35.09
106433 08/04/2006 ATASCADERO VENTURES,LLC Accounts Payable Check 2,500.00
106434 08/04/2006 JENNY BALSON Accounts Payable Check 27.80
106435 08/04/2006 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 55.33
106436 08/04/2006 BIOMEDICAL CLINICAL ENGINEER Accounts Payable Check 200.00
106437 08/04/2006 BLUE RIDGE MEDICAL INC Accounts Payable Check 121.64
106438 08/04/2006 BMI Accounts Payable Check 280.00
106439 08/04/2006 C.A.P.E.ACCOUNTING Accounts Payable Check 35.00
106440 08/04/2006 CALIFORNIA CITY MGMNT FOUNDATN Accounts Payable Check 350.00
106441 08/04/2006 CALIFORNIA MID-STATE FAIR Accounts Payable Check 5,000.00
106442 08/04/2006 CALIFORNIA POLICE CHIEF'S ASSC Accounts Payable Check 260.00
106443 08/04/2006 DARIN CANDIFF Accounts Payable Check 5,095.19
36
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
umber Date Vendor Description Amount
106444 08/04/2006 WENDI CANDIFF Accounts Payable Check 42.00
106445 08/04/2006 CED CONSOLIDATED ELECTRICAL Accounts Payable Check 308.64
106446 08/04/2006 CENTRAL COAST SEA FOOD Accounts Payable Check 149.75
106447 08/04/2006 CENTRAL COAST WATER TREATMENT Accounts Payable Check 70.00
106448 08/04/2006 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 6,343.36
106449 08/04/2006 CHARMING SHOPPES OUTLET STORES Accounts Payable Check 30.00
106450 08/04/2006 CHEM CLEAN Accounts Payable Check 1,134.65
106451 08/04/2006 BRADY CHERRY Accounts Payable Check 300.00
106452 08/04/2006 CHICAGO GRADE LANDFILL Accounts Payable Check 80.00
106453 08/04/2006 KATHY J. CINOWALT Accounts Payable Check 154.00
106454 08/04/2006 CITY OF SAN LUIS OBISPO Accounts Payable Check 4,000.00
106455 08/04/2006 JERRY L. CLAY Accounts Payable Check 75.00
106456 08/04/2006 CLEAN WATER SYSTEMS, INC. Accounts Payable Check 35.00
106457 08/04/2006 COASTAL IMAGING SUPPLIES Accounts Payable Check 866.57
106458 08/04/2006 COPWARE Accounts Payable Check 607.88
106459 08/04/2006 CRITICAL REACH Accounts Payable Check 250.00
106460 08/04/2006 CRYSTAL SPRINGS WATER Accounts Payable Check 256.50
106461 08/04/2006 CSK AUTO, INC. Accounts Payable Check 112.11
106462 08/04/2006 DARRYUS LOCK AND SAFE Accounts Payable Check 8.04
106463 08/04/2006 DECOU LUMBER COMPANY Accounts Payable Check 152.87
106464 08/04/2006 DOGGIE WALK BAGS COMPANY Accounts Payable Check 134.69
106465 08/04/2006 DOOLEY ENTERPRISES INC Accounts Payable Check 1,147.04
106466 08/04/2006 EWING Accounts Payable Check 2,088.37
106467 08/04/2006 EXECUTIVE COMMUNICATION SYSTEM Accounts Payable Check 3,695.00
106468 08/04/2006 EXECUTIVE INFORMATION SERVICES Accounts Payable Check 15,000.00
106469 08/04/2006 KEITH J. FALERIOS Accounts Payable Check 10.00
106470 08/04/2006 FARM SUPPLY COMPANY Accounts Payable Check 62.09
106471 08/04/2006 FERRELL'S AUTO REPAIR Accounts Payable Check 1,415.59
106472 08/04/2006 FGL ENVIRONMENTAL Accounts Payable Check 204.00
106473 08/04/2006 FIRSTLINE, LLC Accounts Payable Check 122.27
106474 08/04/2006 FOOD FOR LESS Accounts Payable Check 152.28
106475 08/04/2006 WARREN FRACE Accounts Payable Check 300.00
106476 08/04/2006 FRAZEE INDUSTRIES, INC. Accounts Payable Check 71.91
106477 08/04/2006 GALL'S INC. Accounts Payable Check 29.62
* 106478 08/04/2006 GEM AUTO PARTS Accounts Payable Check 483.66
37
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106479 08/04/2006 MIKE GIL Accounts Payable Check 85.00
106480 08/04/2006 KENNETH GLYNN Accounts Payable Check 269.50
106481 08/04/2006 GOLDEN STATE COPIER&MAILING Accounts Payable Check 147.20
106482 08/04/2006 SHIRLENE GREGORY Accounts Payable Check 108.80
106483 08/04/2006 GRISANTI HARDWARE Accounts Payable Check 4.14
106484 08/04/2006 BRIAN J. HAMPTON Accounts Payable Check 102.00
106485 08/04/2006 HSM ELECTRONIC PROTECTION SCVS Accounts Payable Check 154.94
106486 08/04/2006 DARLA HUNT Accounts Payable Check 72.50
106487 08/04/2006 ICE TEES Accounts Payable Check 54.16
106488 08/04/2006 INGLIS PET HOTEL Accounts Payable Check 222.07
106489 08/04/2006 INTERNATIONAL PERSONNEL MGMT Accounts Payable Check 145.00
106490 08/04/2006 JILL A. IVIE Accounts Payable Check 85.00
106491 08/04/2006 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 30.00
106492 08/04/2006 JIFFY LUBE/SOUND BILLING Accounts Payable Check 268.38
106493 08/04/2006 STEVEN KAHN Accounts Payable Check 300.00
106494 08/04/2006 KERSEY'S ATASCADERO QUICK LUBE Accounts Payable Check 46.11
106495 08/04/2006 LANDSCAPES BY STACH Accounts Payable Check 160.00
106496 08/04/2006 LEMOS FEED&PET SUPPLY Accounts Payable Check 11.70
106497 08/04/2006 JAMES R. LEWIS Accounts Payable Check 250.00
106498 08/04/2006 DAVID J. LODEN Accounts Payable Check 51.00
106499 08/04/2006 VOID Accounts Payable Check 0.00
106500 08/04/2006 LYNDON'S AUTOMOTIVE Accounts Payable Check 198.99
106501 08/04/2006 LYNN PEAVEY COMPANY Accounts Payable Check 262.95
106502 08/04/2006 MANAGED HEALTH NETWORK, INC. Accounts Payable Check 289.05
106503 08/04/2006 CHRIS W.MANNING Accounts Payable Check 196.00
106504 08/04/2006 WADE MCKINNEY Accounts Payable Check 500.00
106505 08/04/2006 MID-COAST MOWER&SAW Accounts Payable Check 90.73
106506 08/04/2006 . MINER'S ACE HARDWARE Accounts Payable Check 607.32
106507 08/04/2006 MISSION UNIFORM SERVICE Accounts Payable Check 185.44
106508 08/04/2006 MPI DOCUMENT MANAGEMENT Accounts Payable Check 72.21
106509 08/04/2006 MUNIFINANCIAL Accounts Payable Check 11,289.13
106510 08/04/2006 MWI VETERINARY SUPPLY Accounts Payable Check 387.69
106511 08/04/2006 DOROTHY NELSON Accounts Payable Check 33.00
106512 08/04/2006 NEWCO DISTRIBUTORS, INC. Accounts Payable Check 87.30
106513 08/04/2006 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 5,000.00
106514 08/04/2006 VOID Accounts Payable Check 0.00
38
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
tuber Date Vendor Description . Amount
106515 08/04/2006 OCEANO SAND CO. Accounts Payable Check 480.96
106516 08/04/2006 OFFICE DEPOT INC. Accounts Payable Check 1,399.58
106517 08/04/2006 OFFICEMAX CREDIT PLAN Accounts Payable Check 67.06
106518 08/04/2006 ONE HOUR PHOTO STOP Accounts Payable Check 53.63
106519 08/04/2006 OUTLET TOOL SUPPLY Accounts Payable Check 274.05
106520 08/04/2006 BECKY J. PACAS Accounts Payable Check 75.00
106521 08/04/2006 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 98.70
106522 08/04/2006 PACIFIC GAS AND ELECTRIC Accounts Payable Check 41.52
106523 08/04/2006 PASO ROBLES SAFE&LOCK Accounts Payable Check 12.23
106524 08/04/2006 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 45.00
106525 08/04/2006 PITNEY BOWES PURCHASE POWER Accounts Payable Check 137.28
106526 08/04/2006 POOR RICHARD'S PRESS Accounts Payable Check 58.72
106527 08/04/2006 PROCARE JANITORIAL SUPPLY Accounts Payable Check 582.84
106528 08/04/2006 PRW STEEL SUPPLY Accounts Payable Check 132.55
106529 08/04/2006 QUILL CORPORATION Accounts Payable Check 116.82
106530 08/04/2006 RACHELLE RICKARD Accounts Payable Check 300.00
106531 08/04/2006 SAFETY-KLEEN INC. Accounts Payable Check 355.25
106532 08/04/2006 SAN LUIS OBISPO CO HOUSING& Accounts Payable Check 5,000.00
106533 08/04/2006 SAN LUIS PAPER Accounts Payable Check 145.51
106534 08/04/2006 SAN LUIS POWERHOUSE Accounts Payable Check 660.34
106535 08/04/2006 SANTA LUCIA SPORTSMEN ASSOCIAT Accounts Payable Check 134.40
106536 08/04/2006 SANTA MARIA TIRE, INC. Accounts Payable Check 536.95
106537 08/04/2006 MICHELE SCHAMBER Accounts Payable Check 10.00
106538 08/04/2006 LISETTE SCHOLL Accounts Payable Check 143.50
106539 08/04/2006 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 257.94
106540 08/04/2006 SIGN OUTLET Accounts Payable Check 102.96
106541 08/04/2006 JANET SIMPSON Accounts Payable Check 30.00
106542 08/04/2006 DAVID L.SMAW Accounts Payable Check 68.00
106543 08/04/2006 RYAN SMITH Accounts Payable Check 113.12
106544 08/04/2006 STEVENSON, INC. Accounts Payable Check 89.00
106545 08/04/2006 TED MILES JEEP Accounts Payable Check 77.22
106546 08/04/2006 TEMPLETON UNIFORMS Accounts Payable Check 1,900.06
106547 08/04/2006 KRISTIN K.THAYER Accounts Payable Check 125.00
106548 08/04/2006 JANET TINGLEY Accounts Payable Check 563.50
i106549 08/04/2006 TOM FLYNN&SONS Accounts Payable Check 2,475.00
39
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106550 08/04/2006 TOP SHOP UPHOLSTERY Accounts Payable Check 500.88
106551 08/04/2006 TRAINING INNOVATIONS, INC. Accounts Payable Check 500.00
106552 08/04/2006 TRIBUNE Accounts Payable Check 171.00
106553 08/04/2006 U.K. INTERNATIONAL SOCCER CAMP Accounts Payable Check 4,364.50
106554 08/04/2006 UNDERGROUND SERVICE ALERT Accounts Payable Check 417.48
106555 08/04/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,816.00
106556 08/04/2006 UPS Accounts Payable Check 36.53
106557 08/04/2006 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 460.26
106558 08/04/2006 WATER ENVIRONMENT FEDERATION Accounts Payable Check 144.00
106559 08/04/2006 NANCY E.WEBBER, PH.D. Accounts Payable Check 885.00
106560 08/04/2006 WEST COAST INSTITUTE OF SPORT Accounts Payable Check 2,002.00
106561 08/04/2006 WESTERN FARM SERVICE, INC. Accounts Payable Check 363.26
106562 08/04/2006 WESTERN JANITOR SUPPLY Accounts Payable Check 386.28
106563 08/04/2006 SARAH WILCOXSON Accounts Payable Check 11.57
106564 08/04/2006 MICKI WRIGHT Accounts Payable Check 85.00
106565 08/04/2006 WULFING'S BACKGROUND&POLYGR Accounts Payable Check 400.00
106566 08/04/2006 YESTERDAYS SPORTSWEAR Accounts Payable Check 362.51
106567 08/07/2006 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 8,170.46
106582 08/10/2006 AMERICAN WEB, INC. Accounts Payable Check 10,313.00
106583 08/10/2006 CALIF FIRE CHIEFS ASSC Accounts Payable Check 300.00
106568 08/11/2006 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 665.00
106569 08/11/2006 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00
106570 08/11/2006 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 582.42
106571 08/11/2006 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69
106572 08/11/2006 HARTFORD LIFE INSURANCE Payroll Vendor Payment 12,080.75
106573 08/11/2006 ICMA RETIREMENT CORP Accounts Payable Check 125.00
106574 08/11/2006 ICMA RETIREMENT TRUST-401 Payroll Vendor Payment 272.38
106575 08/11/2006 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 1,216.59
106576 08/11/2006 KENNEDY CLUB FITNESS Payroll Vendor Payment 44.00
106577 08/11/2006 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,025.59
106578 08/11/2006 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 46.19
106579 08/11/2006 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 75,795.18
106580 08/11/2006 SEIU LOCAL 620 Payroll Vendor Payment 783.4
10
106581 08/11/2006 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 31.0
40
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
tuber Date Vendor Description Amount
461 08/15/2006 MID-STATE BANK Payroll Vendor Payment 55,714.27
462 08/15/2006 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 14,191.08
463 08/15/2006 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 906.03
106584 08/15/2006 A&T ARBORISTS Accounts Payable Check 895.00
106585 08/15/2006 ACTION TOWING&RECOVERY, LLC Accounts Payable Check 54.00
106586 08/15/2006 ALL PHASE LANDSCAPE Accounts Payable Check 16.25
106587 08/15/2006 ALTHOUSE&MEADE, INC. Accounts Payable Check 1,132.50
106588 08/15/2006 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 69.95
106589 08/15/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 217.80
106590 08/15/2006 ASSOCIATED TRANSPORTATION ENG Accounts Payable Check 4,532.96
106591 08/15/2006 AT&T Accounts Payable Check 1,239.36
106592 08/15/2006 AT&T YELLOW PAGES Accounts Payable Check 223.00
106594 08/15/2006 AT&T/MCI Accounts Payable Check 1,366.18
106595 08/15/2006 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 150.00
106596 08/15/2006 ATASCADERO FORD Accounts Payable Check 2,181.88
106597 08/15/2006 ATASCADERO GLASS, INC. Accounts Payable Check 158.79
106598 08/15/2006 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 96.30
10106599 08/15/2006 ATASCADERO NEWS Accounts Payable Check 3,845.12
106600 08/15/2006 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 275.00
106601 08/15/2006 ATASCADERO VENTURES, LLC Accounts Payable Check 30,792.00
106602 08/15/2006 VOID Accounts Payable Check 0.00
106603 08/15/2006 JACK BRIDWELL Accounts Payable Check 26,450.00
106604 08/15/2006 CAL-COAST REFRIGERATION, INC Accounts Payable Check 139.00
106605 08/15/2006 CANNON ASSOCIATES Accounts Payable Check 1,790.00
106606 08/15/2006 CASTLEROCK DEVELOPMENT Accounts Payable Check 2,076.20
106607 08/15/2006 CDW GOVERNMENT, INC. Accounts Payable Check 381.83
106608 08/15/2006 KAREN CLANIN Accounts Payable Check 777.00
106609 08/15/2006 CREDIT BUREAU Accounts Payable Check 34.82
106610 08/15/2006 DECOU LUMBER COMPANY Accounts Payable Check 76.25
106611 08/15/2006 EASYLINK SERVICES CORP. Accounts Payable Check 0.63
106612 08/15/2006 EL CAMINO CAR WASH LLC Accounts Payable Check 15.95
106613 08/15/2006 EL CAMINO HOMELESS ORG. Accounts Payable Check 8,608.36
106614 08/15/2006 EL CAMINO VETERINARY HOSP Accounts Payable Check 176.64
106615 08/15/2006 ESCUELA DEL RIO Accounts Payable Check 64.80
.106616 08/15/2006 EWING Accounts Payable Check 24.09
106617 08/15/2006 FEDERAL EXPRESS Accounts Payable Check 44.06
41
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106618 08/15/2006 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00
106619 08/15/2006 GATEWAY COMPANIES, INC. Accounts Payable Check 3,472.79
106620 08/15/2006 GEM AUTO PARTS Accounts Payable Check 177.34
106621 08/15/2006 GOLDING CONCRETE SAWING Accounts Payable Check 459.00
106622 08/15/2006 GRANITE CONSTRUCTION, INC. Accounts Payable Check 123,309.70
106623 08/15/2006 GRAY LIFT, INC. Accounts Payable Check 204.72
106624 08/15/2006 H.D. PETERSON Accounts Payable Check 302.18
106625 08/15/2006 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 7,325.99
106626 08/15/2006 HART IMPRESSIONS PRINT© Accounts Payable Check 706.83
106627 08/15/2006 HOME DEPOT Accounts Payable Check 2,161.56
106628 08/15/2006 INFORMATION TECHNOLOGY Accounts Payable Check 522.07
106629 08/15/2006 EVELYN INGRAM Accounts Payable Check 936.15
106630 08/15/2006 KEY TERMITE&PEST CONTROL Accounts Payable Check 485.00
106631 08/15/2006 KNIGHTS CARPETS&INTERIORS Accounts Payable Check 3,875.00
106632 08/15/2006 KPRL 1230 AM Accounts Payable Check 347.00
106633 08/15/2006 LAIDLAW TRANSIT SERVICES, INC. Accounts Payable Check 17,206.58
106634 08/15/2006 LINCOLN EQUIPMENT, INC. Accounts Payable Check 1,337.68
106635 08/15/2006 MAINLINE UTILITY CO. Accounts Payable Check 2,100.00
106636 08/15/2006 MEDWORKS, INC. Accounts Payable Check 937.00
106637 08/15/2006 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 3,650.00
106638 08/15/2006 MORRO GROUP, INC. Accounts Payable Check 112.50
106639 08/15/2006 MUNIFINANCIAL Accounts Payable Check 7,475.00
106640 08/15/2006 NCI AFFILIATES, INC Accounts Payable Check 418.75
106641 08/15/2006 O'BANNON DIVERSIFIED Accounts Payable Check 275.00
106642 08/15/2006 OFFICE DEPOT INC. Accounts Payable Check 301.90
106643 08/15/2006 OHLIN SALES, INC. Accounts Payable Check 90.09
106644 08/15/2006 ORCHARD SUPPLY HARDWARE Accounts Payable Check 32.16
106645 08/15/2006 OUTLET TOOL SUPPLY Accounts Payable Check 11.26
106646 08/15/2006 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 354.20
106647 08/15/2006 PACIFIC GAS AND ELECTRIC Accounts Payable Check 806.54
106648 08/15/2006 PAVEMENT ENGINEERING, INC. Accounts Payable Check 8,745.00
106649 08/15/2006 PC MECHANICAL, INC. Accounts Payable Check 560.00
106650 08/15/2006 KATHLEEN A. PENCE Accounts Payable Check 6,310.21
106651 08/15/2006 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 77.23
106652 08/15/2006 PLATINUM PLUS FOR BUSINESS1306 Accounts Payable Check 20.00
42
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
umber Date Vendor Description Amount
106653 08/15/2006 PRAXAIR DISTRIBUTION, INC. Accounts Payable Check 3,232.40
106654 08/15/2006 PROCARE JANITORIAL SUPPLY Accounts Payable Check 864.06
106655 08/15/2006 PRW STEEL SUPPLY Accounts Payable Check 178.44
106656 08/15/2006 PSC INDUSTRIAL OUTSCOURCING IN Accounts Payable Check 590.00
106657 08/15/2006 PSOMAS Accounts Payable Check 5,883.47
106658 08/15/2006 GRACE L. PUCCI Accounts Payable Check 135.00
106659 08/15/2006 QUINN RENTAL SERVICES Accounts Payable Check 65.96
106660 08/15/2006 R. BURKE CORPORATION Accounts Payable Check 94,869.00
106661 08/15/2006 RECALL SECURE DESTRUCTION SERV Accounts Payable Check 19.53
106662 08/15/2006 RECOGNITION WORKS Accounts Payable Check 39.68
106663 08/15/2006 REESE WATER& LAND SURVEYING S Accounts Payable Check 262.50
106664 08/15/2006 RACHELLE RICKARD Accounts Payable Check 286.93
106665 08/15/2006 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 2,671.00
106666 08/15/2006 SAN LUIS POWERHOUSE Accounts Payable Check 381.48
106667 08/15/2006 LISETTE SCHOLL Accounts Payable Check 73.50
106668 08/15/2006 SIGN IT Accounts Payable Check 284.46
10 106669 08/15/2006 SPECIALTY TECHNICAL PUBLISHERS Accounts Payable Check 540.00
106670 08/15/2006 STAPLES CREDIT PLAN Accounts Payable Check 795.86
106671 08/15/2006 STATEWIDE SAFETY&SIGNS, INC. Accounts Payable Check 184.93
106672 08/15/2006 KURT W. STONE Accounts Payable Check 70.00
106673 08/15/2006 SUNLIGHT JANITORIAL Accounts Payable Check 1,510.00
106674 08/15/2006 TAYLOR RENTAL Accounts Payable Check 1,214.81
106675 08/15/2006 U.S. BANK Accounts Payable Check 862.50
106676 08/15/2006 UNION ASPHALT, INC. Accounts Payable Check 9,963.26
106677 08/15/2006 UNION BANK OF CALIFORNIA, N.A. Accounts Payable Check 875.00
106678 08/15/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,204.38
106679 08/15/2006 VERIZON WIRELESS Accounts Payable Check 961.95
106680 08/15/2006 WALLACE GROUP Accounts Payable Check 700.00
106681 08/15/2006 BRIAN WESTERMAN Accounts Payable Check 560.00
106682 08/15/2006 WHITLOCK&WEINBERGER TRANS. Accounts Payable Check 12,122.58
106683 08/15/2006 SARAH WILCOXSON Accounts Payable Check 19.58
106684. 08/15/2006 WILSON LAND SURVEYS, INC. Accounts Payable Check 1,000.00
106686 08/17/2006 GREGG T. MEYER Accounts Payable Check 81.10
106685 08/18/2006 ARTHURS CONTRACTING, INC. Accounts Payable Check 51,226.86
43
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106687 08/22/2006 A&T ARBORISTS Accounts Payable Check 400.00
106688 08/22/2006 AIR-LEFT REFRIGERATION&HTG Accounts Payable Check 209.95
106689 08/22/2006 AMERICAN MARBORG Accounts Payable Check 157.93
106690 08/22/2006 AMERICAN RED CROSS Accounts Payable Check 1,500.00
106691 08/22/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 58.17
106692 08/22/2006 ASH BUILDING BLOCKS Accounts Payable Check 2,000.00
106693 08/22/2006 AT&T Accounts Payable Check 38.40
106694 08/22/2006 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 330.57
106695 08/22/2006 ATASCADERO COMMUNITY LINK Accounts Payable Check 1,000.00
106696 08/22/2006 ATASCADERO LOAVES&FISHES Accounts Payable Check 4,500.00
106697 08/22/2006 ATASCADERO MAIN STREET Accounts Payable Check 5,000.00
106698 08/22/2006 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 45.00
106699 08/22/2006 B&B STEEL&SUPPLY Accounts Payable Check 392.92
106700 08/22/2006 B.W.S.DISTRIBUTORS, INC. Accounts Payable Check 99.78
106701 08/22/2006 JENNY BALSON Accounts Payable Check 15.66
106702 08/22/2006 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 162.78
106703 08/22/2006 JACK BRIDWELL Accounts Payable Check 1,125.00
106704 08,22/2006 CAL-COAST REFRIGERATION, INC Accounts Payable Check 168.50
106705 08/22/2006 CALIF REDEVELOPMENT ASSC Accounts Payable Check 2,170.00
106706 08/22/2006 CELLULAR ONE Accounts Payable Check 1,099.34
106707 08/22/2006 CENTRAL COAST WATER TREATMENT Accounts Payable Check 70.00
106708 08/22/2006 CINGULAR WIRELESS Accounts Payable Check 86.24
106709 08/22/2006 CITY OF SAN LUIS OBISPO Accounts Payable Check 60.00
106710 08/22/2006 COAST ELECTRONICS Accounts Payable Check 4,710.73
106711 08/22/2006 COASTAL COPY, LP Accounts Payable Check 133.37
106712 08/22/2006 CRYSTAL SPRINGS WATER Accounts Payable Check 260.95
106713 08/22/2006 DATANET SOLUTIONS Accounts Payable Check 6,979.94
106714 08/22/2006 SANDRA N. DEAL PH.D. Accounts Payable Check 295.00
106715 08/22/2006 DECOU LUMBER COMPANY Accounts Payable Check 229.69
106716 08/22/2006 DOCUTEAM Accounts Payable Check 24.95
106717 08/22/2006 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 5,000.00
106718 08/22/2006 JENNIFER S. EICKMEYER Accounts Payable Check 315.00
106719 08/22/2006 EL CAMINO CAR WASH LLC Accounts Payable Check 25.45
106720 08/22/2006 FENCE FACTORY ATASCADERO Accounts Payable Check 150.00
106721 08/22/2006 FERRELL'S AUTO REPAIR Accounts Payable Check 651.60
106722 08/22/2006 FIRE RESCUE SUBSCRIPTION Accounts Payable Check 34.95
44
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
umber Date Vendor Description Amount
106723 08/22/2006 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00
106724 08/22/2006 FOOD FOR LESS Accounts Payable Check 224.25
106725 08/22/2006 FRAZEE INDUSTRIES, INC. Accounts Payable Check 14.47
106726 08/22/2006 GAS COMPANY Accounts Payable Check 463.62
106727 08/22/2006 JACOB M. GEARHART Accounts Payable Check 80.00
106728 08/22/2006 GEM AUTO PARTS Accounts Payable Check 192.60
106729 08/22/2006 MIKE GIL Accounts Payable Check 136.00
106730 08/22/2006 GRISANTI HARDWARE Accounts Payable Check 28.39
106731 08/22/2006 H.D. PETERSON Accounts Payable Check 21.45
106732 08/22/2006 HAMON OVERHEAD DOOR CO Accounts Payable Check 6,392.00
106733 08/22/2006 BRIAN J. HAMPTON Accounts Payable Check 204.00
106734 08/22/2006 HARVEY'S HONEYHUTS Accounts Payable Check 949.12
106735 08/22/2006 HELPING HAND HEALTH EDUCATION Accounts Payable Check 10.00
106736 08/22/2006 HOME DEPOT Accounts Payable Check 505.72
106737 08/22/2006 HOSPICE OF SLO COUNTY Accounts Payable Check 500.00
106738 08/22/2006 HOTLINE OF SLO COUNTY Accounts Payable Check 500.00
10 106739 08/22/2006 GARRETT M. HUTCHISON Accounts Payable Check 250.00
106740 08/22/2006 JILL A. IVIE Accounts Payable Check 51.00
106741 08/22/2006 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 15.00
106742 08/22/2006 JIFFY LUBE/SOUND BILLING Accounts Payable Check 66.89
106743 08/22/2006 KERSEY'S ATASCADERO QUICK LUBE Accounts Payable Check 36.67
106744 08/22/2006 CAMERON R. KING Accounts Payable Check 80.00
106745 08/22/2006 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 1,567.93
106746 08/22/2006 LANDSCAPES BY STACH Accounts Payable Check 570.00
106747 08/22/2006 JASON LECLAIR Accounts Payable Check 183.34
106748 08/22/2006 LEMOS FEED&PET SUPPLY Accounts Payable Check 109.28
106749 08/22/2006 JAMES R. LEWIS Accounts Payable Check 385.33
106750 08/22/2006 LEXISNEXIS MATTHEW BENDER Accounts Payable Check 495.00
106751 08/22/2006 LIFE ASSIST, INC. Accounts Payable Check 1,028.94
106752 08/22/2006 LIGHTHOUSE UNIFORM Accounts Payable Check 1,059.80
106753 08/22/2006 JON LUNSFORD Accounts Payable Check 60.00
106754 08/22/2006 MARTIN&CHAPMAN CO. Accounts Payable Check 15.73
106755 08/22/2006 ROBERT MAXWELL Accounts Payable Check 395.00
106756 08/22/2006 ERIN MCGRATH Accounts Payable Check 38.93
•106757 08/22/2006 WADE MCKINNEY Accounts Payable Check 392.28
45
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106758 08/22/2006 MID-COAST MOWER&SAW Accounts Payable Check 131.84
106759 08/22/2006 MINER'S ACE HARDWARE Accounts Payable Check 537.48
106760 08/22/2006 MISSION UNIFORM SERVICE Accounts Payable Check 50.14
106761 08/22/2006 MICHAL S. MOSES Accounts Payable Check 789.60
106762 08/22/2006 MUNIFINANCIAL Accounts Payable Check 2,375.47
106763 08/22/2006 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 284.15
106764 08/22/2006 NO CO WOMEN'S SHELTER Accounts Payable Check 3,000.00
106765 08/22/2006 NORTH COUNTY GLASS Accounts Payable Check 553.10
106766 08/22/2006 THOMAS P.O'MALLEY Accounts Payable Check 113.92
106767 08/22/2006 OFFICE DEPOT INC. Accounts Payable Check 1,092.53
106768 08/22/2006 OUTLET TOOL SUPPLY Accounts Payable Check 938.90
106769 08/22/2006 BECKY J. PACAS Accounts Payable Check 20.00
106770 08/22/2006 PAPER WORKS Accounts Payable Check 248.59
106771 08/22/2006 PC MECHANICAL, INC. Accounts Payable Check 484.00
106772 08/22/2006 KATHLEEN A. PENCE Accounts Payable Check 375.00
106773 08/22/2006 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 85.20
106774 08/22/2006 PRAXAIR DISTRIBUTION, INC. Accounts Payable Check 1,886.10
106775 08/22/2006 PROCARE JANITORIAL SUPPLY Accounts Payable Check 15.0
106776 08/22/2006 GRACE L. PUCCI Accounts Payable Check 532.50
106777 08/22/2006 REDWOOD TOXICOLOGY LABORATORY Accounts Payable Check 45.45
106778 08/22/2006 REGAL ELECTRIC Accounts Payable Check 762.50
106779 08/22/2006 RENAISSANCE CONSTRUCTION CONS. Accounts Payable Check 130.00
106780 08/22/2006 SAFETY-KLEEN INC. Accounts Payable Check 355.25
106781 08/22/2006 SAN LUIS POWERHOUSE Accounts Payable Check 270.00
106782 08/22/2006 SAN LUIS SECURITY Accounts Payable Check 743.40
106783 08/22/2006 SANTA MARIA TIRE, INC. Accounts Payable Check 1,283.31
106784 08/22/2006 SBSD Accounts Payable Check 75.00
106785 08/22/2006 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 74.09
106786 08/22/2006 SENIOR LEGAL SERVICES PROJECT Accounts Payable Check 500.00
106787 08/22/2006 SENIOR NUTRITION PROGRAM Accounts Payable Check 1,000.00
106788 08/22/2006 JOHN SIEMENS Accounts Payable Check 311.15
106789 08/22/2006 SIGN OUTLET Accounts Payable Check 54.28
106790 08/22/2006 SLOCOMOTION Accounts Payable Check 1,003.86
106791 08/22/2006 DAVID L.SMAW Accounts Payable Check 51.00
106792 08/22/2006 STAPLES CREDIT PLAN Accounts Payable Check 248.1 191
106793 08/22/2006 SUNLIGHT JANITORIAL Accounts Payable Check 1,407.60
46
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
lumber Date Vendor Description Amount
106794 08/22/2006 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 54.76
106795 08/22/2006 SWANK MOTION PICTURES, INC. Accounts Payable Check 221.00
106796 08/22/2006 TIME WARNER TELECOM Accounts Payable Check 1,337.59
106797 08/22/2006 TRACE ANALYTICS, INC. Accounts Payable Check 286.00
106798 08/22/2006 TRANSITIONS-MENTAL HEALTH ASSC Accounts Payable Check 500.00
106799 08/22/2006 LANCE J. UMBERTIS Accounts Payable Check 8,200.00
106800 08/22/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,256.00
106801 08/22/2006 UPS Accounts Payable Check 28.12
106802 08/22/2006 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 873.53
106803 08/22/2006 VERIZON WIRELESS Accounts Payable Check 486.38
106804 08/22/2006 TOM WAY Accounts Payable Check 60.00
106805 08/22/2006 SUSAN M.WILLIAMS Accounts Payable Check 31.32
465 08/24/2006 BANK OF NEW YORK Accounts Payable Check 65,720.00
466 08/24/2006 BANK OF NEW YORK Accounts Payable Check 139,664.99
106820 08/24/2006 A&T ARBORISTS Accounts Payable Check 300.00
106821 08/24/2006 AMERICAN EXPRESS Accounts Payable Check 40.00
106822 08/24/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 169.75
106823 08/24/2006 ASCAP Accounts Payable Check 288.38
106824 08/24/2006 AT&T/MCI Accounts Payable Check 16.71
106825 08/24/2006 ATASCADERO NEWS Accounts Payable Check 258.00
106826 08/24/2006 BANGERT CONSULTING Accounts Payable Check 466.45
106827 08/24/2006 BEST BEST&KRIEGER LLP Accounts Payable Check 47,020.41
106828 08/24/2006 CENTRAL COAST PROPANE, INC. Accounts Payable Check 1,964.02
106829 08/24/2006 BRENDON CORTESE Accounts Payable Check 80.00
106830 08/24/2006 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 6,749.75
106831 08/24/2006 DECOU LUMBER COMPANY Accounts Payable Check 2.77
106832 08/24/2006 DELTA MICROIMAGING Accounts Payable Check 1,506.91
106833 08/24/2006 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,035.79
106834 08/24/2006 HARVEY'S HONEYHUTS Accounts Payable Check 438.15
106835 08/24/2006 LISSA HEBRARD Accounts Payable Check 80.00
106839 08/24/2006 I.M.P.A.C. GOVERNMENT SERVICES Accounts Payable Check 9,813.60
106840 08/24/2006 KRONICK,MOSKOVITZ,TIEDEMANN,& Accounts Payable Check 44,557.52
106841 08/24/2006 L.N. CURTIS&SONS Accounts Payable Check 612.47
106842 08/24/2006 ASHLEY LIESER Accounts Payable Check 5.98
106843 08/24/2006 JOHN MACK Accounts Payable Check 80.00
47
City of Atascadero
Disbursement Listing
For the Month of August 2006
Check Check
Number Date Vendor Description Amount
106844 08/24/2006 DAVID C. MAIN,AIA Accounts Payable Check 194.52
106845 08/24/2006 BECKY MAXWELL Accounts Payable Check 7.56
106846 08/24/2006 KAREN POLAND Accounts Payable Check 1.51
106847 08/24/2006 PRINT LOGIC, INC. Accounts Payable Check 70.00
106848 08/24/2006 RECOGNITION WORKS Accounts Payable Check 99.28
106849 08/24/2006 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 12,395.00
106850 08/24/2006 SAN LUIS SECURITY Accounts Payable Check 756.90
106851 08/24/2006 SANCON ENGINEERING, INC. Accounts Payable Check 33,070.00
106852 08/24/2006 MARCIA TORGERSON Accounts Payable Check 27.32
106853 08/24/2006 STEVEN SHANE WOLF Accounts Payable Check 30.00
106806 08/25/2006 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 700.00
106807 08/25/2006 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00
106808 08/25/2006 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 616.68
106809 08/25/2006 AXA EQUITABLE Payroll Vendor Payment 371.15
106810 08/25/2006 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69
106811 08/25/2006 CITIPAC Payroll Vendor Payment 30.00
106812 08/25/2006 HARTFORD LIFE INSURANCE Payroll Vendor Payment 11,530.75
106813 08/25/2006 ICMA RETIREMENT TRUST-401 Payroll Vendor Payment 272.38
106814 08/25/2006 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 916.59
106815 08/25/2006 KENNEDY CLUB FITNESS Payroll Vendor Payment 44.00
106816 08/25/2006 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,029.43
106817 08/25/2006 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 46.19
106818 08/25/2006 SEIU LOCAL 620 Payroll Vendor Payment 778.93
106819 08/25/2006 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 31.00
106854 08/25/2006 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEI• Payroll Vendor Payment 81,764.75
467 08/29/2006 MID-STATE BANK Payroll Vendor Payment 54,334.80
468 08/29/2006 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 13,664.49
469 08/29/2006 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 913.18
$ 1,594,547.91
48
ITEM NUMBER: A-4
DATE: 11/14/06
19791970
1918 ■ '
Atascadero City Council
Staff Report - Public Works Department
Engineering Services Qualified List
RECOMMENDATION:
Council adopt Modified Engineering Services Qualified List.
DISCUSSION:
On February 28, 2006, staff solicited Statement of Qualifications from local engineering
firms to establish an Engineering Services Qualified List (List). Proposals were received
from local engineering firms and the City Council adopted the current List on June 13,
2006.
Staff is requesting that Joe Chouinard, Civil Engineer, be added to the List. Mr.
Chouinard currently performs public and private engineering plan checking for the City.
Mr. Chouinard is a licensed civil engineer, in California and Vermont, and specializes in
city and private engineering plan review.
Contracting for Engineering Services from an established list is allowed in Section V of
the City Purchasing Policy. This allows the City to solicit bids and quickly hire
Engineering firms for funded capital projects. The use of the Engineering Services
Qualified Firm list saves the City money by performing time consuming qualification and
contracting procedures only once.
FISCAL IMPACT:
The costs of Engineering Services are billed directly to the project or account currently
underway.
ATTACHMENT:
Attachment "A" - Engineering Services Qualified Firm List
49
ITEM NUMBER: A-4
DATE: 11/14/06
Attachment "A"
CITY OF ATASCADERO
ENGINEERING SERVICES - AMENDED QUALIFIED FIRMS LIST
November 2006
Joe Chouinard Triad/Holmes Associates
785 Brahma Street 555 Chorro Street, Suite A
Paso Robles, CA 93446 San Luis Obispo, CA 93405
Ph: 226-8414 Ph: 544-8908
Fx: 544-8932
EDA
P.O. Box 1829 Tartaglia Engineering
San Luis Obispo, CA 93406-1829 7360 El Camino Real, Suite E
Ph: 549-8658 P.O. Box 1930
Fx: 549-8704 Atascadero, CA 93423
Ph: 466-5660
EMK &Associates Fx: 466-5471
1005 Railroad
Paso Robles, CA 93446 Wallace Group
Ph: 238-5427 4115 Broad Street, Suite B-5
San Luis Obispo, CA 93401
Geo West Ph: 544-4011
5225 Traffic Way, Suite 104 Fx: 544-4294
Atascadero, CA 93422
Ph: 461-5560 Cannon Associates
Fx: 461-5562 364 Pacific Street
San Luis Obispo, CA 93401
North Coast Engineering Ph: 544-7407
725 Creston Road, Suite B Fx: 544-3863
Paso Robles, CA.93446
Ph: 239-3127
Fx: 239-0758
50
ITEM NUMBER: A-5
DATE: 11/14/06
J111 ew
e
\A�SCADF�!/
Atascadero City Council
Staff Report - Public Works Department
Final Map 2006-0139 (Tract 2804)
8350 Santa Ynez Avenue
(TTM 2005-0077)(Norton)
RECOMMENDATIONS:
Council:
1. Accept Final Map 2006-0139 (Tract 2804); and,
2. Reject, without prejudice to future acceptance, the offer of dedication for Public
Utility Easement; and,
3. Authorize City Manager to execute a Subdivision Improvement Agreement.
DISCUSSION:
Tentative Tract Map 2005-0077 / Tract 2804 was approved by the City Council on May
2, 2006. The subdivision created four (4) airspace units and one common lot.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement, or
reject on behalf of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication. Staff has determined that the Final
Parcel Map is consistent with approved Tentative Tract Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2006-0139 (Tract 2804)
51
ITEM NUMBER: A-5
DATE: 11/14/06
Exhibit A
Final Map 2006-0139(Tract 2804)
8350 Santa Ynez Avenue
Paul Norton
4i1€�� a �p'y,Yl. 'A O gF8
2I ' I�
1► T �� p°saV*��s r•
Y
*{ Ej
:
aa y esa� Ygg� �i TC
C3 V
W
c a� }
sa
M
Tzo
6a 1* ys�
F
ge 'Lytid 5
rlo }
• w Aca i pc� V,
4w
a ja
La
Ro VC. ~` n
52
ITEM NUMBER: A-6
DATE: 11/14/06
1918 � 19 6767
Atascadero City Council
Staff Report - Public Works Department
Final Map 2006-0132 (Parcel Map AT 04-0571)
2445 Monterey Road(TPM 2004-0067 Amendment)
(Armet)
RECOMMENDATIONS:
Council:
1. Accept Parcel Map 2006-0132 (Parcel Map AT 04-0571); and,
2. Reject, without prejudice to future acceptance on behalf of the public by the
Council of the City of Atascadero, the offer of dedication for Public Access and
Open-Space easements.
DISCUSSION:
Tentative Parcel Map AT 04-0571 was approved by the Planning Commission on
August 1, 2006. The approved subdivision will create two parcels ranging in net
acreage from 2.23 to 2.45 acres.
Pursuant to California Government Code Section 66474 the approving legislative body
(City Council) shall not deny a parcel map that is in substantial compliance with an
approved tentative map. The legislative body is also required to accept, accept subject
to improvement, or reject on behalf of the public, any real property offered for dedication
for public use in conformity with the terms of the offer of dedication. Staff has
determined that the Parcel Map is consistent with approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: FMP 2006-0132 (Parcel Map AT 04-0571)
53
ITEM NUMBER: A-6
DATE: 11/14/06
Exhibit A
FMP 2006-0132(Parcel Map AT 04-0571)
2455 Monterey Road
Brian and Emily Armet
aa .
ZVI
2A
Ca O
�$
a 4P
so
O
I3 d �
TA
,Y
54
ITEM NUMBER: B-1
DATE: 11/14/06
n
1918 A 1979
Atascadero City Council
Staff Report - City Attorney's Office
Amendment of the Cardroom Ordinance
to Increase the Maximum Number of Tables in a Cardroom
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance amending the City's
Cardroom Ordinance, with any revisions desired by the Council
DISCUSSION:
The City adopted a Cardroom Ordinance in 1992, and amended the ordinance in 1999
(Section 3-5.105 of the Municipal Code). The ordinance authorizes a maximum of five
(5) card tables to be licensed and operated within the City. The ordinance further limits
the number at any establishment to two (2) card tables. Presently, the City has one
cardroom operator who operates two card tables. The owner of the Cardroom has
requested that he be able to increase the number of tables in his establishment to five
tables, as a result of the passage of recent legislation. The City Council heard the
request on May 9, 2006, and directed staff to prepare revisions to the ordinance that
would authorize four (4) tables at any cardroom.
On June 14, 2006, the Council reviewed the draft Ordinance that increased the number
of cardrooms to four tables in one establishment. The Council directed the City
Attorney to forward the draft ordinance to the Division of Gambling Control for review
and comment. The draft ordinance was forwarded to the Division of Gambling Control
who commented in a letter dated August 18, 2006, concerning the definition of
"gambling enterprise employee." The definition under the Business and Professions
Code section 19805(1) includes waiters, waitresses, and secretaries, or any other
natural person whose employment duties require or authorize access to restricted
gambling establishment areas." The definition in section 5.a. of the Draft Ordinance
Code has been amended to reflect the recommended changes by the Division of
Gambling Control.
55
ITEM NUMBER: B- 1
DATE: 11/14/06
Gambling Control Act
In 2005, the legislature amended the Gambling Control Act to authorize a city or county
to amend its ordinance, without voter approval, to increase the number of tables
allowed in any gambling establishment up to 24.99%, or two tables, whichever is
greater, when compared to the number operated on January 1, 1996. (Business &
Professions Code section 19961.05). The City may amend the Municipal Code to
authorize up to four (4) card tables in a single establishment, without putting the matter
on the ballot. Prior to adopting any amendment to the Code relating to gambling
establishments, the City must submit the proposed ordinance to the Division of
Gambling Control for review and comment. This was done, and the City received a
letter dated August 18, 2006 from the Division of Gambling Control who, with a few
minor changes, approved the draft ordinance.
Proposed Amendments to Cardroom Ordinance
The proposed ordinance amends provisions in the City's Cardroom Ordinance that
regulates cardroom within the City. The major provisions of the proposed ordinance are
as follows:
• Increases the maximum number of tables in any cardroom establishment
from two (2) to four (4)
• Employees must obtain a work permit
• Establish requirement for application for license and revocation of license
• Require a bond with each application
• Require payment of annual fee to be set by Resolution of the Council. There
are also fees for work permits and license.
Conclusion
The City Council is being asked to amend the existing cardroom ordinance to expand
the number of tables that may be operated in the City from two to four pursuant to the
state law modifications. Staff recommends that the Council deliberate on this
amendment, and the other amendments, as included in Draft Ordinance A, and if
approved, introduce and"waive the first reading of the Ordinance.
ALTERNATIVES:
1. The City Council may make modifications to the proposed text amendments.
2. The City Council may determine that more information is needed on some
aspect of the Draft Ordinance and may refer the item back to staff to develop the
additional information.
3. The City Council may decide to not amend the Cardroom Ordinance.
56
ITEM NUMBER: B - 1
DATE: 11/14/06
ATTACHMENTS:
• Draft Ordinance A
• Original Municipal Code section 3-5.105
• Revised Municipal Code section 3-5.105
• Memorandum dated March 20, 2005 from City Attorney on laws governing
cardrooms.
• Letter from Division of Gambling Control
57
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING TITLE 3 OF THE ATASCADERO
MUNICIPAL CODE, AMENDING THE CARDROOM ORDINANCE
ADOPTED BY THE CITY OF ATASCADERO CONCERNING FEES AND
EXPANSION OF TABLES
WHEREAS, for all of the reasons set forth herein, the City Council of the City of
Atascadero ("City") desires to amend its requirements regarding the number of gambling tables
in the City and
WHEREAS, for all of the reasons set forth herein the City Council of the City of
Atascadero ("City") desires to amend its annual license fee for gambling establishments in the
City.
NOW THEREFORE, the City Council of the City of Atascadero DOES ORDAIN
AS FOLLOWS:
Section 1. Findings. The City Council finds as follows.
1. The legislature, in enacting the Gambling Control Act, indicated its intent to have
concurrent jurisdiction with local governments over gambling establishments in the state
and to provide uniform, minimum standards of regulations of permissible gambling
activities and the operation of lawful gambling establishments. As long as it is not
inconsistent with the Act, any City or county has the authority to prohibit any gambling
activity and impose more stringent local controls or conditions upon gambling than are
imposed by the Act or by the Commission. The City may also inspect gambling premises
to enforce applicable state and local laws, impose a local tax or license fee, and enact,
amend, or enforce any local ordinance relating to licensing.of gambling establishments.
2. Under the Gambling Control Act,no new gambling establishment may be opened in a
city or county in which a gambling establishment was not operating on or before January
1, 1984, except upon the affirmative vote of the electors of that city or county. The
City's Ordinance Code provides that no more than a total of five card tables shall be
licensed to operate within the City and no permittee shall be authorized to operate more
than a total of two card tables.
3. In 2005 the Legislature amended the Gambling Control Act to authorize a city or county
to amend its ordinance, without voter approval, to increase the number of tables allowed
in an gambling establishment up to 24.99%, or two tables, whichever is greater,when
compared to the number operated on January 1, 1996.
4. Any amendment to the city's cardroom ordinance must be submitted to the Division of
Gambling Control for review and comment before the ordinance is adopted.
5. The City amends its ordinance to increase the number of card tables at any establishment
to four. In addition, in any amendment to the cardroom ordinance,the City will review
58
the other provisions in the ordinance, including hours of operation, work permits,
licenses, games played, and any fees or taxes imposed.
Section 2: Section 3-5-105 of the Atascadero Municipal Code is hereby amended to read as
follows:
3-5.105 Cardrooms.
1. License Required. It shall be unlawful for any person for him/herself, or for any other
person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried
on, maintained, or conducted, any cardroom in the City without first having secured a
license from the City to do so according to each and every requirement of this section or
without complying with each and every regulation set forth in this section pertaining to
such cardroom. Each licensee and operator of a cardroom, shall employ only those
persons who have obtained a work permit as defined and set forth herein.
2. Definitions
a. Act. Act shall mean the Gambling Control Act as codified in Division 8, Chapter
5 of the California Business &Professions Code (commencing with Section
19800).
b. Applicant. "Applicant" means every person who applies for a license to operate a
cardroom and every individual who requests apermit as provided for by this
chapter.
C. Billiard Parlor. For the purpose of this chapter, a"billiard parlor" or"pool room"
includes a fixed place of business of any kind where billiards, pool, snooker or
eight-ball or other similar games tables are maintained on the premises, whether
or not coin operated.
d. Card Games. "Card games" as used in this chapter means all forms of card games
authorized by the state of California.
e. Cardroom. "Cardroom" as used in this chapter means any building or structure, or
any portion of a building or structure, or any premises or place where any person
or persons are allowed to play a card game as defined in this section:
f. Card Table. "Card table" as used in this chapter means a card table within a
business premises where there is carried on any card game for compensation,
which game is not unlawful under the provisions of California Penal Code Section
330, or any other provision of law.
g. Chief of Police. "Chief of Police"means the Chief of Police and his/her designee.
h. Direct of Administrative Services. "Direct of Administrative Services" shall be
the Director and his/her designee.
i. Employee. "Employee" means every individual, employed either as an agent,
employee, or otherwise, of the licensee, as defined in this section, or under the
59
direction and control of the licensee of any cardroom, with or without
compensation. Anyone who is required to routinely enter into the card playing
area during the course of his or her duties is considered an employee. The term
"employee" does not include a bartender, culinary worker or other person not
directly connected with the cardroom operation.
j. License. "License" as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom within the
City of Atascadero.
k. Licensee. "Licensee" means the person, as defined in this chapter, to whom a
cardroom license has been issued pursuant to this chapter.
1. Person. "Person" means and includes any individual, partnership, corporation or
combination,business entity or combination thereof.
M. Work Permit. "Work permit" means a grant of permission from the Director of
Administrative Services to an individual allowed by this chapter to work as an
employee in a cardroom within the City of Atascadero.
3. License-Application-Bond. To apply for a cardroom license, a person shall take the
following steps:
a. Every applicant for a license shall first obtain a state gambling license as required
by the Gambling Control Act and the implementing regulations (California Code
of Regulations,Title 11,Division 3, Chapter 1, Article 1, Section 2000 et seq.).
Every applicant shall fully comply with the Act and the implementing regulations
including,but not limited to, Section 2050 of Title 11 of the California Code of
Regulations that requires an owner or a key employee, as defined by the Act,to
be on the premises, at all times that the establishment is open to the public unless
the Division of Gambling Control authorizes availability by telephone.Key
employees must obtain a key employee license as required by the Act;
b. File with the City Clerk a written application, signed by the applicant, setting
forth the nature of the business that he or she wishes to engage in and the place
where he or she proposes to establish such business, including the particular
building, and room or rooms;
C. The true and correct name and address of each applicant of the building or
structure within which the cardroom is proposed to be maintained shall be
included with the license application. Written consent from the owner of the
building or structure is required on the application;
d. Submit a bond by an authorized surety company to be approved by the City
Council in the penal sum of five hundred dollars payable to the City. The
following condition shall be added to a cardroom license regarding the bond,
when approved by the City;
(1) Neither the applicant nor anyone in his/her employ in such business will
violate any ordinance of this City or any law of this state, or of the United
60
States of America, or any political subdivision or agency thereof, during
the time for which such license is granted. That upon a violation of the
condition of such bond, the same shall be and become due and payable to
such City and the penalty thereof may be recovered in a civil action. The
conviction of, or plea of guilty by, the person to whom such license is
issued, or anyone in his employ in such business for the violation of any
such ordinance or law, shall ipso facto work a forfeiture of such bond, and
any such conviction or plea of guilty shall be conclusive evidence of such
forfeiture, and in the event of such conviction or plea of guilty the license
shall be canceled;
e. That the applicant verify with the Director of Community Development,that the
subject property zoning permits the proposed cardroom use;
f. A statement that the applicant understands and agrees that the application shall be
considered by the City Council after a full investigation and reports,including any
available criminal and arrest and conviction offender information, have been
made by the Chief of Police, other City officials or their authorized
representatives. A statement that the applicant authorizes the City or its authorized
agents to update the investigation and background information on an annual basis
if the application is approved.
4. Standards for Issuance. The City Council shall consider and determine whether to issue
an license to operate a cardroom subject tot he following conditions:
. a. No more than a total of five (5)cardrooms shall be licensed to operate within the
City under provisions of this chapter.
b. No one permittee shall be authorized to operate more.than a total of four(4)
cardrooms within City.
C. No more than four (4) card tables shall be operated and maintained within any
single business premises within the City.
d. No card table license shall be issued unless the location for the cardroom(s) is in
compliance with all applicable zoning and building regulations of the City. The
Community Development shall review all applications to verify compliance with
the Zoning Code. The Council shall consider the affect of the operation of a
cardroom on other sensitive uses located in the vicinity of the cardroom,including
but not limited to schools, public parks or recreational areas, public buildings with
programs for minors, and religious institutions.
e. No cardroom license shall be transferable to another location or permittee without
the approval of the City Council. Playing of all games shall be confined to those
designated areas of the cardroom premises as may be set forth in the cardroom
license. No playing of any games shall be permitted at any other location within
or upon the cardroom premises.
•
61
f. No cardroom license shall be issued to any person who has been convicted of any
felony, nor to any association,partnership or corporation of which any owner
thereof has been convicted of a felony.
g. In addition to any other restrictions provided by law, no card table license shall be
issued to anyone who is disqualified from holding a State gambling license for
any of the reasons specified in California Business and Profession Code section
19859.
h. Applicant shall provide to the City copies of all written reports filed with the
Division of Gambling Control pursuant to the Act or Title 11 of the California
Code of Regulations.
5. Cardroom Work Permit--Application and Denial.
a. Cardroom employees must obtain a cardroom work permit from the Director of
Administrative Services or his/her designee of the City of Atascadero. For the
purposes of this chapter, "cardroom enterprise employees" are defined as any
natural person employed in the operation of a gambling enterprise,including
without limitation, dealers, floor personnel, security employees,countroom
personnel, cage personnel, collection personnel, surveillance personnel, data-
processing personnel, appropriate maintenance personnel,waiters and waitresses,
and secretaries, or any other natural person whose employment duties require or
authorize access to restricted gambling establishment areas. Applications for
cardroom work permits shall be submitted under oath and contain the past
criminal record, if any, of the applicant, and such information as may be deemed
necessary by the chief to determine whether the applicant is a proper person to be
issued a cardroom work permit. The application also shall be accompanied by
fingerprints, a recent photograph of the applicant and an amount equal to any
fingerprint processing fee required by the City.
b. A cardroom work permit shall not be issued to any person who would be
disqualified from holding a state gambling license for the reasons specified in
paragraphs (1)through (7), inclusive of subdivision (a) of Section 19859 of the
Act, or regarding whom the Division of Gambling Control of the state of
California has filed an objection to the City.
C. The Director of Administrative Services or his/her designee may deny issuance of
cardroom work permit for any further cause deemed reasonable by the Director.
The action of the Director denying a cardroom work permit on the basis of this
section shall be subject to appeal to the City Council. Notice of such appeal shall
be filed with the City Clerk within ten days after the notice of denial of the
permit. Upon failure to file notice of appeal within the ten-day period, the action
of the Director denying the permit shall be final and conclusive.
d. Cardroom work permits shall be prominently displayed in the cardrooms by any
cardroom employees when they are working. is
e. Each application fora cardroom work permit shall be accompanied by a fee as
established by City Council resolution. The fee shall not be returned in the event
62
that the permit is refused,revoked, or suspended, as provided in this chapter. The
permit shall be valid for one year from the date of issue; however, it may be
prorated quarterly. The date of expiration shall be prominently displayed on the
face of the permit.
f. The holder of a cardroom work permit shall not be restricted as to place of
employment.
g. A statement that the applicant understands and agrees that the application shall be
considered by the Director of Administrative Services after a full investigation
and reports, including any available criminal and arrest and conviction offender
information, have been made by the Director of Administrative Services other
City officials or their authorized representatives. A statement that the applicant
authorizes the City or its authorized agents to update the investigation and
background information on an annual basis if the application is approved.
6. Permit revocation or Suspension. The Director may revoke or suspend, and take
possession of any cardroom work permit issued under this chapter, upon any violation of
the provisions of this chapter. The action of the Director shall be subject to appeal to the
council. Notice of such appeal shall be filed with the City Clerk within ten days after
notice of the revocation or suspension action. Upon failure to file notice of appeal within
the ten-day period, the revocation or suspension of the cardroom work permit shall be
final and conclusive.
• 7. Revocation of Licenses. The City Council shall have the right to revoke any cardroom
license when the possessor thereof has violated, or permitted the violation of, any of the
terms of this chapter. The City Council may also revoke any cardroom license when the
business being operated is not being conducted in accordance with the public health,
safety or welfare or when, in the discretion of the City Council, it is found that the
continued operation of such business will create or is creating a policy problem to the
City. Prior to revoking any cardroom license, the City Council shall cause to be served
on the applicant a notice of its intention to do so at least five days prior to the date upon
which it intends to consider the matter of such revocation, and also stating the right of the
licensee to appear before the City Council and to show cause why such license should not
be revoked. The decision of the City Council with respect to such revocation shall be
final.
8. Attendance by Minors. No person under the age of twenty-one shall be employed in or
allowed to frequent, remain in or visit any room or, premises wherein is conducted or
operated any card table licensed under the provisions of this chapter.
9. Patron Security and Safety in and Around a Cardroom Establishment.
a. Each applicant for a cardroom license, at the time of application, and annually
thereafter, at the time of cardroom license renewal, shall present a plan for
security and safety of patrons of the cardroom in and around the cardroom
establishment. The plan shall set forth such provisions as are necessary to ensure
• the safety and security of patrons, including measures taken or instituted to avoid
follow-home robberies. The holder of a cardroom license shall be liable for the
63
safety and security of patrons to the fullest extent under the law. Any effort on
the part of a cardroom licensee to limit such liability shall be clearly posted in
such a manner as to give adequate notice to patrons. The plan shall include a
detailed summary of all known incidents involving or affecting patron security
and safety in and around the cardroom establishment for the proceeding year.
b. The Chief or his/her designee may require, in his or her discretion, all cardroom
licensees to implement reasonable security measures to insure the safety of
patrons including,but not limited to, hiring private uniformed security guards. If
security guards are required, the chief shall determine the number and hours of
coverage.
C. During all hours of operation, doors at the cardroom establishment shall be
unlocked and accessible to the general public and open to police inspection.
Cardrooms shall be located and so arranged that card tables and the players at the
tables aretplainly visible from the door opening of the cardroom when the door is
opened. No wall,partition, screen, or similar structure between the front door
opening and any card table located in the cardroom shall be permitted if it
interferes with such visibility.
10. Transfer and Assignment. Any transfer or assignment of any license shall be considered
for all purposes in the same manner as a new application for a cardroom license in the
City, and all the provisions of this chapter applicant to new and original applications shall
apply.
11. Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable
each fiscal year beginning July 1, 2006, shall be established by resolution of the City
Council. The fees shall be'payable to the City after the Council has approved the issuance
of the license.but prior to the issuance of the license. The operator of a cardroom shall
pay the license fee set forth in this section regardless of the license fees he/she might pay
for other businesses. If the same person operates two (2)or more cardrooms, he/she shall
pay on each cardroom the license fee set forth in this section and shall have a separate
license for each cardroom.
12. Police Access to Premises. The City Council finds that it is necessary and in the public
interest that law enforcement officers have access to any premises in which a card table is
being operated under the terms of this chapter. Any premises for which a license has been
issued under the provision of this chapter shall be deemed to constitute a public place,
and all police officers and peace officers shall at all times have access thereto during
business hours.
13. Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four(24) hours per day. Each permittee
shall clearly post the hours of operation of the cardroom so as to provide law enforcement
and cardroom patrons adequate notice of the hours of operation. If alcohol is served on
the premises (with the proper licenses from the Department of Alcohol Beverage
Control), all alcoholic beverages shall cease being served between the hours of 2:00 a.m.
and 6:00 a.m. each day.' •
64
14. Bets or Wagers. No card table permittee, owner or employee shall allow any person
playing in any game to make any single bet or wager in excess of five hundred dollars
• ($500.00).
a. The wagering limit shall be five hundred dollars in the same hand. No cardroom
owner, operator, or employee shall permit any of the following:
(1) A person making aggregate bets in excess of five hundred dollars in the
same hand;
(2) Simultaneous hands or betting squares by the same player;
(3) Bets made by any owner, operator, or employee while on duty;
(4) Bets made by a shill or dummy player.
b. Wagering at any table shall be limited to table stakes. No side bets shall be
permitted. Table limits shall be posted in a location observable from the table.
The cardroom shall set individual table stake limits, not to exceed the wagering
limit. Table limits may be changed with not less than thirty minutes notice to the
patrons.
C. The wagering limit may be changed by council resolution.
15. Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor,
and any person found guilty thereof shall, upon conviction or plea of guilty, be punished
by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in
the jail of the City, or in the jail of the county of San Luis Obispo, for not more than three
months, or by both such fine and imprisonment, and when a fine is imposed the judgment
may direct that the defendant be imprisoned in the county jail till such fine is satisfied at
the rate established by the county.
16. Severability. If any section, subsection, sentence, clause,phrase or portion of this section
is for any reason deemed or held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this section. The City Council of the City of Atascadero hereby
declares that it would have adopted this section and each subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact any one or more subsections, sentences,
clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
Section 3. Regulations Nonexclusive.
The provisions of this ordinance regulating cardrooms are not intended to be exclusive
and compliance therewith shall not excuse noncompliance with any other regulations pertaining
to the operation of businesses as adopted by the Atascadero City Council.
65
Section 4. Severability.
If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or .
any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this ordinance or any part thereof. The City Council hereby declares that it
would have passed each section irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
Section 5. No Mandatory Duty of Care.
This ordinance is not intended to and shall not be construed or given effect in a manner that
imposes upon the City or any officer or employee thereof a mandatory duty of care towards
persons and property within or outside of the City so as to provide a basis of civil liability for
damages, except as otherwise imposed by law.
Section 6. Effective Date and Notice.
This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15)
days after its passage shall be published at least once in a newspaper of general circulation
published and circulated within the City of Atascadero. In lieu of publication of the full text of
the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be
published at least five (5) days prior to and fifteen (15) days after adoption by the City Council
and a certified copy shall be posted in the office of the City Clerk,pursuant to Government Code
section 36933(c)(1).
INTRODUCED at a regular meeting of the City Council held on ,
2006, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on , 2006 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
TOM O'MALLEY,MAYOR
ATTEST: APPROVED AS TO FORM:
MARCIA MCCLURE TORGERSON PATRICK L. ENRIGHT •
CITY CLERK CITY ATTORNEY
66
CURRENT CARDROOM ORDINANCE
3-5.105 Cardrooms.
(a) Card Table Defined. The term"card table" as used in this chapter shall mean a
card table within a business premises where there is carried on any card game for hire or for
compensation, which game is not unlawful under the provision of California Penal Code Section
330, or any other provision of law.
(b) (1)Licenses. It is unlawful for any person, firm association, corporation or
partnership to engage in or carry on the business of conduction or operating one or more card
tables unless there is in effect a card table license covering each such card table, issued pursuant
to this Code and pursuant to applicable state law.
(2) Standards for Issuance. No more than a total of five (5) card tables shall be
licensed to operate within the City under the provisions of this chapter. No one (1)permittee
shall be authorized to operate more than a total of two (2)card tables within the City. No more
than two (2) card tables shall be operated or maintained within any single business premises
within the City. No card table license shall be transferable to another location or permittee. No
card table license shall be issued to any person who has been convicted of any felony,nor to any
association, partnership, or corporation of which any owner thereof has been convicted of a
felony. In addition to any other restrictions provided by law, no card table license shall be issued
to anyone who is disqualified from holding a State gambling license for any of the reasons
specified in California Business and Profession Code Section 9850.
(3) Applications for Licenses. Any person desiring to obtain a card table license shall
apply pursuant to Section 3-5.102 et seq. of this chapter. Every application for a card room
license shall be subject to objection by the Department of Justice,Division of Gambling Control.
If the Division of Gambling Control objects to the issuance of a license, issuance shall be denied.
Such a denial may be reviewed only in accordance with the Gambling Control Act.
(4) Revocation of Licenses. The City Council shall have the right to revoke any card
table license when the possessor thereof has violated, or permitted the violation of, any of the
terms of this chapter, or State law, including but not limited to the Labor Code of the State of
California. The City shall follow the procedures set forth in Section 3-5.315 of this chapter in
processing a revocation of a card table license.
(5) Annual Fee. There shall be an annual fee in the amount of five hundred dollars
($500.00) for each card table licensed pursuant to the terms of this Code.
(6) Access to Premises. The City Council finds that it is necessary and in the public
interest that law enforcement officers have access to any premises in which a card table is being
operated under the terms of this chapter. Any premises for which a license has been issued under
the provision of this chapter shall be deemed to constitute a public place,.and all police officers
and peace officers shall at all times have access thereto during business hours. 3-5.105
(c) Operating Restrictions. It shall be unlawful for any person, firm, association,
corporation or partnership to operate, or permit the operation of a card table premises in violation
of the following restrictions and conditions of operation:
(1) Permitted Locations. The playing of all games permitted under this section shall
be confined to those designated areas of the cardroom premises as may be set forth in the
cardroom permit, and no playing of any games shall be permitted at any other location within or
upon the card room premises for which prior written approval from the City has not been
obtained. Furthermore, no cardroom license shall be issued to carry on any card room activities
t
831593.1 11335.1
67
where such business is inconsistent with the Zoning Ordinance of the City. The Community
Development Department shall review all applications to very compliance with this chapter. In
determining whether to approve the location of a proposed cardroom, the City shall take into
consideration the effect of the operation of a cardroom on other sensitive uses located in the
vicinity of the proposed cardroom, including but not limited to schools, public parks or
recreation areas,public buildings with programs for minors, and religious institutions.
(2) Disorderly Conduct. All card table permittees, owners, operators, and managers
are responsible for insuring that no disorderly conduct occurs on or around the cardroom
premises, and that no other similar conduct occurs on or around the cardroom premises such that
it constitutes a breach of the peace or that is otherwise detrimental to the public health, safety,or
welfare.
(3) Hours of Operation. Unless the hours of operation for a cardroom are restricted in
the cardroom permit, a cardroom may operate twenty-four(24)hours per day. Each permittee
shall clearly post the hours of operation of the cardroom so as to provide law enforcement and
cardroom patrons adequate notice of the hours of operation.
(4) Bets or Wagers. No card table permittee, owner or employee shall allow any
person playing in any game to make any single bet or wager in excess of five hundred dollars
($500.00).
(d) Severability. If any section, subsection, sentence, clause, phrase or portion of this
section is for any reason deemed or held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this section. The City Council of the City of Atascadero hereby declares that it would
have adopted this section and each subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact any one or more subsections, sentences, clauses, phrases or other portions
might subsequently be declared invalid or unconstitutional. (Ord. 369, 1999: Ord. 258 § 1 (Exh.
A (part)), 1992)
2
831593.1 11335.1
68
PROPOSED CARDROOM ORDINANCE
3-5.105
Cardrooms.
1. License Required. It shall be unlawful for any person for him/herself, or for any other
person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried
on,maintained, or conducted, any cardroom in the City without first having secured a
license from the City to do so according to each and every requirement of this section or
without complying with each and every regulation set forth in this section pertaining to
such cardroom. Each licensee and operator of a cardroom, shall employ only those
persons who have obtained a work permit as defined and set forth herein.
2. Definitions
a. Act. Act shall mean the Gambling Control Act as codified in Division 8, Chapter
5 of the California Business &Professions Code (commencing with Section
19800).
b. Applicant. "Applicant" means every person who applies for a license to operate a
cardroom and every individual who requests a permit as provided for by this
chapter.
C. Billiard Parlor. For the purpose of this chapter, a"billiard parlor" or"pool room"
includes a fixed place of business of any kind where billiards, pool, snooker or
eight-ball or other similar games tables are maintained on the premises, whether
or not coin operated.
d. Card Games. "Card games" as used in this chapter means all forms of card games
authorized by the state of California.
e. Cardroom. "Cardroom" as used in this chapter means any building or structure, or
any portion of a building or structure, or any premises or place where any person
or persons are allowed to play a card game as defined in this section.
f. Card Table. "Card table" as used in this chapter means a card table within a
business premises where there is carried on any card game for compensation,
which game is not unlawful under the provisions of California Penal Code Section
330, or any other provision of law.
g. Chief of Police. "Chief of Police" means the Chief of Police and his/her designee.
h. Direct of Administrative Services. "Direct of Administrative Services" shall be
the Director and his/her designee.
i. Employee. "Employee" means every individual, employed either as an agent,
employee, or otherwise, of the licensee, as defined in this section, or under the
direction and control of the licensee of any cardroom, with or without
compensation. Anyone who is required to routinely enter into the card playing
845152.1 11335.1
69
area during the course of his or her duties is considered an employee. The term
"employee" does not include a bartender, culinary worker or other person not
directly connected with the cardroom operation.
j. License. "License" as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom within the
City of Atascadero.
k. Licensee. "Licensee" means the person, as defined in this chapter, to whom a
cardroom license has been issued pursuant to this chapter.
1. Person. "Person" means and includes any individual, partnership, corporation or
combination, business entity or combination thereof.
in. Work Permit. "Work permit"means a grant of permission from the Director of
Administrative Services to an individual allowed by this chapter to work as an
employee in a cardroom within the City of Atascadero.
3. License-Application-Bond. To apply for a cardroom license, a person shall take the
following steps:
a. Every applicant for a license shall first obtain a state gambling license as required
by the Gambling Control Act and the implementing regulations (California Code
of Regulations, Title 11,Division 3, Chapter 1, Article 1, Section 2000 et seq.).
Every applicant shall fully comply with the Act and the implementing regulations
including, but not limited to, Section 2050 of Title 11 of the California Code of
Regulations that requires an owner or a key employee, as defined by the Act, to
be on the premises, at all times that the establishment is open to the public unless
the Division of Gambling Control authorizes availability by telephone. Key
employees must obtain a key employee license as required by the Act;
b. File with the City Clerk a written application, signed by the applicant, setting
forth the nature of the business that he or she wishes to engage in and the place
where he or she proposes to establish such business, including the particular
building, and room or rooms;
C. The true and correct name and address of each applicant of the building or
structure within which the cardroom is proposed to be maintained shall be
included with the license application. Written consent from the owner of the
building or structure is required on the application;
d. Submit a bond by an authorized surety company to be approved by the City
Council in the penal sum of five hundred dollars payable to the City. The
following condition shall be added to a cardroom license regarding the bond,
when approved by the City;
(1) Neither the applicant nor anyone in his/her employ in such business will
violate any ordinance of this City or any law of this state, or of the United
70
States of America, or any political subdivision or agency thereof, during
the time for which such license is granted. That upon a violation of the
condition of such bond, the same shall be and become due and payable to
such City and the penalty thereof may be recovered in a civil action. The
conviction of, or plea of guilty by, the person to whom such license is
issued, or anyone in his employ in such business for the violation of any
such ordinance or law, shall ipso facto work a forfeiture of such bond, and
any such conviction or plea of guilty shall be conclusive evidence of such
forfeiture, and in the event of such conviction or plea of guilty the license
shall be canceled;
e. That the applicant verify with the Director of Community Development, that the
subject property zoning permits the proposed cardroom use;
f. A statement that the applicant understands and agrees that the application shall be
considered by the City Council after a full investigation and reports, including any
available criminal and arrest and conviction offender information, have been
made by the Chief of Police, other City officials or their authorized
representatives. A statement that the applicant authorizes the City or its authorized
agents to update the investigation and background information on an annual basis
if the application is approved.
4. Standards for Issuance. The City Council shall consider and determine whether to issue
an license to operate a cardroom subject tot he following conditions:
a. No more than a total of five(5) cardrooms_shall be licensed to operate within the
City under provisions of this chapter.
b. No one permittee shall be authorized to operate more than a total of four(4)
cardrooms within City.
C. Nomorethan four(4) card tables shall be operated and maintained within any
single business premises within the City.
d. No card table license shall be issued unless the location for the cardroom(s) is in
compliance with all applicable zoning and building regulations of the City. The
Community Development shall review all applications to verify compliance with
the Zoning Code. The Council shall consider the affect of the operation of a
cardroom on other sensitive uses located in the vicinity of the cardroom, including
but not limited to schools,public parks or recreational areas,public buildings with
programs for minors, and religious institutions.
e. No cardroom license shall be transferable to another location or permittee without
the approval of the City Council. Playing of all games shall be confined to those
designated areas of the cardroom premises as may be set forth in the cardroom
license. No playing of any games shall be permitted at any other location within
or upon the cardroom premises.
71
f. No cardroom license shall be issued to any person who has been convicted of any
felony, nor to any association, partnership or corporation of which any owner
thereof has been convicted of a felony.
g. In addition to any other restrictions provided by law, no card table license shall be
issued to anyone who is disqualified from holding a State gambling license for
any of the reasons specified in California Business and Profession Code section
19859.
h. Applicant shall provide to the City copies of all written reports filed with the
Division of Gambling Control pursuant to the Act or Title 11 of the California
Code of Regulations.
5. Cardroom Work Permit--Ap2plication and Denial.
a. Cardroom employees must obtain a cardroom work permit from the Director of
Administrative Services or his/her designee of the City of Atascadero. For the
purposes of this chapter, "cardroom enterprise employees" are defined as any
natural person employed in the operation of a gambling enterprise, including
without limitation, dealers, floor personnel, security employees, countroom
personnel, cage personnel, collection personnel, surveillance personnel, data-
processing personnel, appropriate maintenance personnel, waiters and waitresses,
and secretaries, or any other natural person whose employment duties require or
authorize access to restricted gambling establishment areas. Applications for
cardroom work permits shall be submitted under oath and contain the past
criminal record, if any, of the applicant, and such information as may be deemed
necessary by the chief to determine whether the applicant is a proper person to be
issued a cardroom work permit. The application also shall be accompanied by
fingerprints, a recent photograph of the applicant and an amount equal to any
fingerprint processing fee required by the City.
b. A cardroom work permit shall not be issued to any person who would be
disqualified from holding a state gambling license for the reasons specified in
paragraphs (1)through (7), inclusive of subdivision (a) of Section 19859 of the
Act, or regarding whom the Division of Gambling Control of the state of
California has filed an objection to the City.
C. The Director of Administrative Services or his/her designee may deny issuance of
cardroom work permit for any further cause deemed reasonable by the Director.
The action of the Director denying a cardroom work permit on the basis of this
section shall be subject to appeal to the City Council. Notice of such appeal shall
be filed with the City Clerk within ten days after the notice of denial of the
permit. Upon failure to file notice of appeal within the ten-day period, the action
of the Director denying the permit shall be final and conclusive.
d. Cardroom work permits shall be prominently displayed in the cardrooms by any
cardroom employees when they are working.
72
e. Each application for a cardroom work permit shall be accompanied by a fee as
established by City Council resolution. The fee shall not be returned in the event
that the permit is refused, revoked, or suspended, as provided in this chapter. The
permit shall be valid for one year from the date of issue; however, it may be
prorated quarterly. The date of expiration shall be prominently displayed on the
face of the permit.
f. The holder of a cardroom work permit shall not be restricted as to place of
employment.
g. A statement that the applicant understands and agrees that the application shall be
considered by the Director of Administrative Services after a full investigation
and reports,including any available criminal and arrest and conviction offender
information, have been made by the Director of Administrative Services other
City officials or their authorized representatives. A statement that the applicant
authorizes the City or its authorized agents to update the investigation and
background information on an annual basis if the application is approved.
6. Permit revocation or Suspension. The Director may revoke or suspend, and take
possession of any cardroom work permit issued under this chapter, upon any violation of
the provisions of this chapter. The action of the Director shall be subject to appeal to the
council. Notice of such appeal shall be filed with the City Clerk within ten days after
notice of the revocation or suspension action. Upon failure to file notice of appeal within
the ten-day period, the revocation or suspension of the cardroom work permit shall be
final and conclusive.
7. Revocation of Licenses. The City Council shall have the right to revoke any cardroom
license when the possessor thereof has violated, or permitted the violation of, any of the
terms of this chapter. The City Council may also revoke any cardroom license when the
business being operated is not being conducted in accordance with the public health,
safety or welfare or when, in the discretion of the City Council, it is found that the
continued operation of such business will create or is creating a policy problem to the
City. Prior to revoking any cardroom license,the City Council shall cause to be served
on the applicant a notice of its intention to do so at least five days prior to the date upon
which it intends to consider the matter of such revocation, and also stating the right of the
licensee to appear before the City Council and to show cause why such license should not
be revoked. The decision of the City Council with respect to such revocation shall be
final.
8. Attendance by Minors. No person under the age of twenty-one shall be employed in or
allowed to frequent, remain in or visit any room or, premises wherein is conducted or
operated any card table licensed under the provisions of this chapter.
9. Patron Security and Safety in and Around a Cardroom Establishment.
a. Each applicant for a cardroom license, at the time of application, and annually
. thereafter, at the time of cardroom license renewal, shall present a plan for
73
security and safety of patrons of the cardroom in and around the cardroom
establishment. The plan shall set forth such provisions as are necessary to ensure
the safety and security of patrons, including measures taken or instituted to avoid
follow-home robberies. The holder of a cardroom license shall be liable for the
safety and security of patrons to the fullest extent under the law. Any effort on
the part of a cardroom licensee to limit such liability shall be clearly posted in
such a manner as to give adequate notice to patrons. The plan shall include a
detailed summary of all known incidents involving or affecting patron security
and safety in and around the cardroom establishment for the proceeding year.
b. The Chief or his/her designee may require, in his or her discretion, all cardroom
licensees to implement reasonable security measures to insure the safety of
patrons including, but not limited to, hiring private uniformed security guards. If
security guards are required, the chief shall determine the number and hours of
coverage.
C. During all hours of operation, doors at the cardroom establishment shall be
unlocked and accessible to the general public and open to police inspection.
Cardrooms shall be located and so arranged that card tables and the players at the
tables are plainly visible from the door opening of the cardroom when the door is
opened. No wall, partition, screen, or similar structure between the front door
opening and any card table located in the cardroom shall be permitted if it
interferes with such visibility.
10. Transfer and Assignment. Any transfer or assignment of any license shall be considered
for all purposes in the same manner as a new application for a cardroom license in the
City, and all the provisions of this chapter applicant to new and original applications shall
apply.
11. Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable
each fiscal year beginning July 1, 2006, shall be established by resolution of the City
Council. The fees shall be payable to the City after the Council has approved the issuance
of the license but prior to the issuance of the license. The operator of a cardroom shall
pay the license fee set forth in this section regardless of the license fees he/she might pay
for other businesses. If the same person operates two (2) or more cardrooms, he/she shall
pay on each cardroom the license fee set forth in this section and shall have a separate
license for each cardroom.
12. Police Access to Premises. The City Council finds that it is necessary and in the public
interest that law enforcement officers have access to any premises in which a card table is
being operated under the terms of this chapter. Any premises for which a license has been
issued under the provision of this chapter shall be deemed to constitute a public place,
and all police officers and peace officers shall at all times have access thereto during
business hours.
13. Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four(24) hours per day. Each permittee
74
shall clearly post the hours of operation of the cardroom so as to provide law enforcement
and cardroom patrons adequate notice of the hours of operation. If alcohol is served on
the premises (with the proper licenses from the Department of Alcohol Beverage
Control), all alcoholic beverages shall cease being served between the hours of 2:00 a.m.
and 6:00 a.m. each day.'
14. Bets or Wagers. No card table permittee, owner or employee shall allow any person
playing in any game to make any single bet or wager in excess of five hundred dollars
($500.00).
a. The wagering limit shall be five hundred dollars in the same hand. No cardroom
owner, operator, or employee shall permit any of the following:
(1) A person making aggregate bets in excess of five hundred dollars in the
same hand;
(2) Simultaneous hands or betting squares by the same player;
(3) Bets made by any owner, operator, or employee while on duty;
(4) Bets made by a shill or dummy player.
b. Wagering at any table shall be limited to table stakes. No side bets shall be
• permitted. Table limits shall be posted in a location observable from the table.
The cardroom shall set individual table stake limits,not to exceed the wagering
limit. Table limits may be changed with not less than thirty minutes notice to the
patrons.
C. The wagering limit may be changed by council resolution.
15. Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor,
and any person found guilty thereof shall, upon conviction or plea of guilty, be punished
by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in
the jail of the City, or in the jail of the county of San Luis Obispo, for not more than three
months, or by both such fine and imprisonment, and when a fine is imposed the judgment
may direct that the defendant be imprisoned in the county jail till such fine is satisfied at
the rate established by the county.
16. Severability. If any section, subsection, sentence, clause, phrase or portion of this section
is for any reason deemed or held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this section. The City Council of the City of Atascadero hereby
declares that it would have adopted this section and each subsection, sentence, clause,
phrase or portion thereof,irrespective of the fact any one or more subsections, sentences,
clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
•
75
MOSKOVI Z
IEDEMANN
GIPRARDRAMoN
MEMORANDUM
TO: Warren Frace, Community Developer Director FILE NO.: 11335.1
CC: Wade McKinney, City Manager
Marcia Torgerson, Assistant to City Manager
FROM: Patrick L. Enright, City Attorney
Kronick, Moskovitz,Tiedemann & Girard
DATE: March 20, 2006
RE: Cardroom Ordinance—Expansion of Tables
The City adopted a cardroom ordinance in 1992, and amended the ordinance in 1999, that
authorizes a maximum of five (5)card tables to be licensed and operate within the City. The
ordinance further limits the number at any one establishment to two (2)card tables. (Ordinance
Code section 3-5.105) Presently, the City has one cardroom operator(Outlaws Card Parlour)
who operates two card tables in the establishment. Mr. Brown, the owner of Outlaws Card
Parlour, has recently inquired to the Community Development Department about increasing the
number of tables in his establishment to five (5) tables.
QUESTION: May the City Council adopt an ordinance that would amend the City Code to
authorize up to five card tables in any establishment?
ANSWER: No, but the Council may amend the ordinance to authorize up to four(4) card tables
in a single establishment, without putting the matter on the ballot. Prior to adopting any
amendment to the ordinance relating to gambling establishments,the City must submit the
proposed ordinance to the Division of Gambling and Control for review and comment. If the
City desires to increase the number of tables to more than four, the ordinance would have to be
submitted for approval by the voters. However, the Gambling Control Act places a moratorium
on the authorization of legal gambling and any expansion of gambling (above the increase in
card tables of 24.99% or two, whichever is greater) until 2010.1
ANALYSIS: The legislature,in enacting the Gambling Control Act,2 indicated its intent to have
concurrent jurisdiction with local governments over gambling establishments in the state and to
provide uniform, minimum standards of regulations of permissible gambling activities and the
operation of lawful gambling establishments. As long as it is not inconsistent with the Act, any
city or county has the authority to prohibit any gambling activity, impose more stringent local
1 However, SB 635 (Bus. &Prof. Code section 19962)places a moratorium on the authorization of legal
gaming by a city or county or local electors and an expansion of gambling until January 1, 2010. .
2 Bus. & Prof. Code sections 19800 et seq.
824282.1
76
Memo
Page 2
controls or conditions upon gambling than are imposed by the Act or by the commission. The
City may also inspect gambling premises to enforce applicable state and local laws, impose a
local tax or license fee,3 and enact, amend, or enforce any local ordinance relating to license
gambling establishments.4
Under the Gambling Control Act, no new gambling establishment may be opened in a city or
county in which a gambling establishment was not operating on or before January 1, 1984,
except upon the affirmative vote of the electors of that city or county. Assuming Outlaws Card
Parlour was operating prior to January 1, 1984, pursuant to a valid ordinance, and there are no
other cardrooms operating in the City, Outlaws is the only cardroom that may operate in the City
without a vote of the electorate.
The City's Ordinance Code provides that no more than a total of five card tables shall be
licensed to operate within the City and no permittee shall be authorized to operate more than a
total of two card tables. Mr. Brown would like to increase the number of card tables that operate
at his establishment to five.
In 2005 the legislature amended Gambling Control Act to authorize a city or county to amend its
ordinance, without voter approval, to increase the number of tables allowed in an gambling
establishment up to 24.99%, or two tables, whichever is greater,when compared to the number
operated on January 1, 1996. (Business &Professions Code section 19961.05) Also, the City
may amend the ordinance without the approval of the electors to:
• increase by 24.99% or less the number of gambling tables in the City;
• increase by 24.99% or less the number of licensed cardrooms;
• increase by 24.99% or less in the number of gambling tables that may be operated in
a gambling establishment in the City;
• authorize additional form of gambling,other than card games, that may be legally
played in the state
• increase by 24.99% or less in the hours of operation;
• increase by 24.99% or less the maximum amount permitted to be wagered in a game.5
The statute (AB 635) also established a requirement that any amendment to the city's cardroom
ordinance must be submitted to the Division of Gambling Control for review and comment
before the ordinance is adopted.
Therefore, the City may amend its ordinance to increase the number of card tables at any
establishment to four,but not to five as requested. In addition, in any amendment to the
cardroom ordinance,the City should review the other provisions in the ordinance, including
hours of operation, games played, and any fees or taxes imposed.
3 Bus. &Prof. Code section 19803(b).
4 Bus. &Prof. Code section 19960.
• 5 SB 635 is worded somewhat awkwardly,defining an"expansion of gambling"of an increase of 25%
or more. On the other hand an expansion of 24.99% or less or two tables is a limited increase of
gambling tables and does not require a vote of the electorate.
824282.1
77
BILL LOCKFER Staf California
..;
Attorney General DEPARTMENT OF JUSTICE
DIVISION OF GAMBLING CONTROL
P.O.BOX 168024
SACRAMENTO,CA 95816
Public:(916)263-3408
Facsimile:(916)263-1500
August 1.8,2006
Mr. Patrick L. Enright
City Attorney
City of Atascadero
400 Capitol Mall, 27h Floor
Sacramento,California 95814
Re: City of Atascadero Cardroom Ordinance
Dear Mr. Enright:
The Division of Gambling Control(Division)received the City of Atascadero's(City)
proposed amendment to the Atascadero Municipal Code,Title 3, Section 3-5.105 for cardrooms.
The Division reviewed the proposed amendments and determined that the following provisions
require amendment for compliance and consistency with the Gambling Control Act.
CARDROOM EMPLOYEES - LICENSE AND WORK PERMIT REQUIREMENTS
Business and Professions(B&P)Code section 19912 requires that all gambling enterprise
employees hold a work permit. B&P Code section 19805 (1) defines a"gambling enterprise
employee,"and establishes a statutory scheme for eligibility, denial and revocation. Of particular
importance far local jurisdictions is the definition of a"gambling enterprise employee"which is
broader than the definitions found in many local ordinances:
" `Gambling enterprise employee' means any natural person employed
in the operation of a gambling enterprise, including, without limitation,
dealers, floor personnel, security employees, countroom personnel, cage
personnel, collection personnel, surveillance personnel, data-processing
personnel, appropriate maintenance personnel, waiters and waitresses, and
secretaries, or any other natural person whose employment duties require or
authorize access to restricted gambling establishment areas." (Italics added)
The City's proposed amendment, section 3-5.105 (5) (a), states in part:
"For the purposes of this chapter, `cardroom employees' are defined to
include dealers, overseers and others directly connected with the operation and
supervision of card tables,and excludes waitresses, waiters,bartenders,culinary
workers and others not connected with such operation and supervision."
78
R
Mr. Patrick L. Enright
August 18,2006
Page 2
The City's definition of"cardroom employee"should be amended to conform with B&P
Code section 19805 (1). While the local ordinance language is not required to be identical to the
statutory definition, it should reflect the specific element of access to restricted gambling areas as
a determining factor. Therefore, any employee,whether they are a waiter,waitress,bartender,
culinary worker, etc.,whose duties require service in the gambling establishment area, is required.
to obtain a work permit.
MISCELLANEOUS PROVISIONS
Division staff noted a typographical error in the second sentence of section 3-5.105 (4)(e).
The word"froth"should be"forth." Additionally,please amend section 3-5.105 (4)(g)and(5) (b)
to reference the amended B&P Code section 19859.
Upon approval and adoption of the proposed amendments,please provide the Division with
a signed certified copy of the amendments and a complete copy of the Atascadero Municipal Code
for cardrooms. If you have any questions,please contact Analyst Lina Thomas of my staff at
telephone number(916) 263-541.4. Thank you for your cooperation in this matter.
Sincerely
i� t
r
NORM PI RCE
Deputy Director
Division of Gambling Control
For BILL LOCKYER
Attorney General
79
ITEM NUMBER: B -2
DATE: 11/14/06
191E i -1979
it I.
Atascadero City Council
Staff Report - City Attorney
Interim Urgency Ordinance Establishing
A Moratorium On The Approval or Recordation Of
Site Condominium Plans
(Temporary Ordinance Establishing a Moratorium for the
Approval or Recordation of Site Condominium Plans)
RECOMMENDATION:
Council hold a public hearing on the extension of the urgency ordinance, and adopt the
attached interim urgency ordinance establishing a moratorium on the approval or
recordation of site condominium plans. This action extends the moratorium for ten (10)
months and fifteen (15) days.
DISCUSSION:
Background: On October 10, 2006, the City Council adopted an urgency ordinance
that established a moratorium on the approval or recordation of site condominium
plans. The urgency ordinance is effective for forty-five (45) days, or November 24,
2006. The proposed action would extend the urgency for ten (10) months and fifteen
(15) days (September 29, 2007). This is the maximum time that Council may extend
the moratorium for at this time, but as always, the Council could extend the time for a
shorter period of time.
Staff will schedule an agenda item for a Council meeting in February to discuss and
review the site condominium plan regulations ordinance. It is anticipated that the
revised ordinance will be in effect before the expiration of the moratorium period. Staff
has also attached a written report on the progress being made to alleviate those
conditions that led to the adoption of the moratorium. City Attorney's office has
prepared a draft ordinance to regulate site condominiums which is currently being
reviewed by staff.
In the past few months, the City of Atascadero has received increasing interest and
inquiries from developers who would like to build site condominiums. Such
condominiums are characterized by plans that create an airspace outside of the
envelope of the building, where the common area is located in space, and not on
81
ITEM NUMBER: B -2
DATE: 11/14/06
ground ("site condominium"). This issue was first presented to Council on August 8,
2006 and most recently on October 10, 2006. The Council on both dates expressed
interest in exploring ways to regulate site condominium plans and to preserve orderly
development in the City.
Prior History: Within the past few months, the City of Atascadero has received an
application to build a site condominium project. Since that application has been
processed, inquiries have been made from other developers interested in constructing
site condominiums. Conventional condominiums possess airspace within the
confounds of the building, with property owners enjoying a property right in a common
area located on the ground. Conventional condominiums have Home Owner
Associations or other forms of management to ensure resident safety and to overlook
the upkeep and cleanliness of the property. Conversely, site condominiums sometimes
have no management or weaker management than conventional condominiums.
Additionally, site condominiums have the appearance of piecemeal development on
subdivision lots and do not adhere to the subdivision process outlined in the Subdivision
Map Act or City ordinances. The issue of site condominiums was presented to the City
Council on August 8, 2006 and the Council adopted an urgency ordinance that placed a
moratorium on site condominiums on October 10, 2006. The period of the urgency
ordinance was for 45 days, and needs to be extended. The Council expressed interest
in exploring ways to regulate these condominiums by reviewing the City's zoning code
and subdivision ordinance.
In June 2002 The City Council adopted a General Plan for the City and the Housing
Element which provides:
"Policy 1.2: Encourage a variety of high quality housing types in
multi-family areas" by "allow(ing] planned developments with
detached units on individual lots or airspace condominiums on
commonlyvwned lots."
The Land Use, Open Space and Conservation Element provides:
"Policy 2.1: Ensure .that new development is compatible with
existing and surrounding neighborhoods."
The Planning Department of the City of Atascadero is in the process of reviewing the
City's zoning code and subdivision ordinance to ensure compliance with Policy 1.2 of
the Housing Element and Policy 2.1 of the Land Use, Open Space and Conservation
Element in the General Plan. At the conclusion of this review, the Planning Department
will provide the Council with options for the regulation of site condominiums. .
The City Council may, pending a study of the contemplated zoning proposal, adopt a
temporary interim ordinance, as an emergency measure. Interim ordinances enacting
moratoria and other growth management measures are a lawful exercise of the police
power and do not amount to a temporary taking under the First English Evangelical
82
ITEM NUMBER: B-2
DATE: 11/14/06
Church v. County of Los Angeles (1987) 482 U.S. 304, 320 as long as they do not "go
too far."
In California, an interim moratorium ordinance must be adopted pursuant to
Government Code section 65858, which prohibits approval of a new development plan
so that a City may reevaluate its land use policies. The ordinance is lawful provided the
period of delay is reasonable and there are valid governmental reasons justifying its
adoption. (Tahoe-Sierra Preservation Council v. Tahoe Reg? Planning Agency (2002)
535 U.S. 302, 353; First English Evangelical Church v. County of Los Angeles, supra at
320).
An interim ordinance must be approved by a 4/5 vote of the Council, in this instance
with only four council members, a unanimous vote. Interim ordinances remain in effect
only 45 days unless extended for up to 22 months and 15 days, following notice and a
public hearing. The ordinance must contain legislative findings that there is a current
and immediate threat to the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or other applicable
uses which are required in order to comply with a zoning ordinance, would result in a
threat to the public health, safety, or welfare. Ten days prior to the expiration of the
interim ordinance or any extension, the City Council must issue a written report
describing the measures that have been taken to alleviate the condition which led to the
adoption of the ordinance.
FISCAL IMPACT:
None.
ALTERNATIVES:
• Adopt the attached Ordinance;
• Modify and adopt the attached Ordinance;
• Do not extend the moratorium and therefore, do not adopt the attached
Ordinance;
• Provide direction to Staff.
ATTACHMENTS:
• Attachment 1: Draft Interim Urgency Ordinance A
• Attachment 2: Written Report on Program to Alleviate Conditions
83
ITEM NUMBER: B -2
DATE: 11/14/06
Attachment 1:Interim Urgency Ordinance is
DRAFT ORDINANCE A
AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO
ADOPTING A MORATORIUM ON THE APPROVAL OR
RECORDATION OF SITE CONDOMINIUM PLANS, AND DECLARING
THE URGENCY THEREOF
The City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds as follows.
A. The City's Housing Element to its General Plan provides as one of its
goals that there is an adequate amount of rental housing in the City. Policy 1.2 of the Housing
Element requires that the Council "encourage a variety of high quality housing types in multi-
family areas" by allowing "planned developments with detached units on individual lots or
airspace condominiums on commonly owned lots."
B. The City's Land Use, Open Space, and Conservation Element to its
General Plan provides in Policy 2.1 that the Council "ensures that new development is
compatible with existing and surrounding neighborhoods."
C. Conventional condominiums, the basis of Policy 1.2 of the City's Housing
Element in the General Plan, are structures with privately owned airspace unit defined within the
envelope of a building(s).
D. In the last several months, the City has seen a significant increase in the
number of multifamily projects requesting permits for condominiums that include private
airspace outside the envelope of the building ("site condominiums").
E. The City has received an application for a site condominium, and inquiries
have been made about other similar condominium plans within the City.
F. If these site condominiums are constructed, there would be no usable
common area; rather, there would be a cloud of "common" airspace hundreds or thousands of
feet above the rooftops of these properties.
G. The construction of site condominiums would create unplanned,piecemeal
projects in multi-family zoned areas that resemble subdivision lots, without adhering to the
subdivision process outlined in the Subdivision Map Act or City ordinances.
H. The Planning Department of the City of Atascadero plans to review and
study the City's zoning code and subdivision ordinance regarding the preservation of
84
ITEM NUMBER: B -2
DATE: 11/14/06
conventional airspace condominiums. The City's Planning Staff will also investigate options for
regulating and developing site condominiums.
I. On October 10, , 2006, the City Council adopted an urgency ordinance
declaring a temporary moratorium on the approval or recordation of site condominium plans,
finding it was necessary in order to permit the City the time to conduct research and consider
appropriate regulations, amendments and/or clarifications to protect the public health, safety,
welfare, and economic prosperity of the City.
J. The temporary moratorium on site condominiums was for forty-five (45)
days, and the Council has not had the opportunity to consider or enact any appropriate
regulations, amendments, and/or clarifications to the City's Site Condominium Plans Ordinance.
K. Due to the foregoing, the City intends to continue to study the extent to
which site condominiums are affecting the aesthetics and impacting planned development in the
City. In the meantime, if a temporary moratorium on condominiums is not immediately imposed
for up to 45 days, substantial piecemeal lots resembling subdivisions are likely to develop. Such
unplanned development would defeat the intent and purpose of the City's General Plan policy of
developing planned communities and providing airspace condominiums on commonly owned
lots.
Section 2. Imposition of Moratorium
The City Council hereby declares that a temporary moratorium on the review
and/or approval of site condominium plans is necessary in order to permit the city the time to
conduct research and consider appropriate regulations, amendments and/or clarifications to
protect the public health, safety, welfare and economic prosperity of the City. For the purposes
of the moratorium, site condominiums are defined a condominiums that create an air space
outside of the envelope of the building and/or where the common area is not located on the
ground. Conventional interior air space condominiums are not subject to this moratorium.
Section 3.
While this Ordinance remains in effect, no permit, condominium plans or other
applicable entitlement, which entails in whole or in part the approval of any site condominium
projects within the City shall be approved or recorded with the County Recorder, except as
specified in Section 13 below.
Section 4.
While this Ordinance remains in effect, no person, firm, partnership, association,
corporation, company, or organization of any kind shall seek entitlement for, in whole or in part,
any site condominiums within the City, except as specified in Section 13 below.
Section 5.
Pursuant to the provisions of California Government Code section 65858, this
Ordinance is adopted as an urgency interim zoning ordinance and shall take effect immediately.
The facts demonstrating the urgency that forms the basis for this ordinance are as follows:
A. The City has most recently received applications seeking to record site
condominiums;
85
ITEM NUMBER: B -2
DATE: 11/14/06
B. The approval or adoption of such site condominiums within the City of
Atascadero would result in a threat to orderly development in a radical and fundamental manner.
By their unique characteristics, site condominiums provide common airspace outside the
envelope of the building, which affects open space to the point where the public health, safety,
welfare, and economic prosperity of the City are significantly affected. Such projects may
conflict with the City's policy, set forth in the General Plan, to establish cohesive development
that is compatible with existing neighborhoods, and not piecemeal type lots throughout the City.
It is thus necessary to establish a temporary moratorium to allow for: (1) research and study to
determine how to address this use, the type of regulation that may be imposed on this use, and the
potential impact this use may have on the City's neighborhoods; and (2) the preparation and
presentation of any proposed ordinance, amendments or regulations to address this use;
C. It is necessary that this Ordinance go into effect immediately in order to
maintain the City's environment pending the outcome of the above-referenced research, study,
and analysis, which may dictate the need to regulate site condominiums and which, in turn, will
help the City Council better understand the detrimental effects, if any, should such site
condominiums be allowed to proceed;
D. It is necessary that this interim Ordinance remain in effect until the afore-
referenced research, study, and analysis have been completed and the recommendations of
Planning Department staff and the Planning Commission can be received and considered by the
City Council and the City Council, in turn, can consider amendment of the City's zoning code
and subdivision ordinance.
Section 6.
The City Council therefore finds that there is a current and immediate threat to the
public health, welfare, and that the approval of additional site condominiums through the
recordation of site condominium plans would result in a threat to, or breach of, that public health
and welfare.
Section 7.
The City Council hereby finds that adoption of this Ordinance will not have the
effect of denying approvals needed for the development of projects with a significant component
of multifamily housing.
Section 8.
Pursuant to Government Code Section 36937(b), this interim urgency Ordinance
shall take effect immediately upon its passage and adoption.
Section 9.
Pursuant to Government Code Section 65858, this Ordinance shall expire on a
date ten (10) months and fifteen (15) days following the date of its passage and adoption, unless
its term is extended by action of the City Council in accordance with the procedures set forth in
Section 65858, or at such earlier time as the City Council acts to repeal this Ordinance and
replace it with a successor Ordinance.
Section 10.
86
ITEM NUMBER: B -2
DATE: 11/14/06
. At least ten days prior to the expiration period provided for in Section 9, the City Council shall
issue a written report describing any measures taken to alleviate those conditions herein
referenced which lead to the adoption of this Ordinance.
Section 11.
This Ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation in the City of Atascadero within 15 days after its adoption.
Section 12.
The adoption of this interim ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to sections 15061(b)(3)and 15306 of the State
CEQA Guidelines because it can be seen with certainty that there is no possibility that such
adoption may have significant effect on the environment; such adoption involves only feasibility
and planning studies for possible future adoption of an ordinance that has not yet been prepared
or adopted. In addition, the adoption of this interim ordinance is exempt from CEQA pursuant
to Section 15262 of the CEQA Guidelines in that this ordinance involves only feasibility or
planning studies for possible future actions by the City.
Section 13.
This Ordinance shall apply to all applications filed on or after August 8, 2006.
Section 14.
This Ordinance shall be liberally construed to accomplish its intended purposes.
Nothing contained in this Ordinance is intended to limit the continuation of lawful
nonconforming uses or structures.
Section 15.
Severability. The City Council hereby declares that should any section, paragraph,
sentence, phrase, term, or word of this Ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
Ordinance irrespective of any such portion declared invalid.
87
ITEM NUMBER: B-2
DATE: 11/14/06
INTRODUCED at a regular meeting of the City Council held on , and PASSED .
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
88
ITEM NUMBER: B-2
DATE: 11/14/06
Attachment 2:Written Report on Program to Alleviate Conditions
Attachment 2:
WRITTEN REPORT ON PROGRAM TO ALLEVIATE CONDITIONS
Since the adoption of the moratorium on the approval of site condominiums on October
10, 2006, staff has been in the process of researching and analyzing the issue. Site
condominiums are not described in the State Subdivision Map Act nor the City's zoning
ordinance. Since it appears that site condominiums are the product of a creative legal
interpretation of existing laws, staff needs additional research and investigation time.
Staff is currently working with both the City Attorney and an outside legal firm that
specializes in condominium law. Staff expects to have a report ready for Council
consideration in February 2007.
•
89